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Among school children by W.B.Yeats

The author William Yeat’s (2011.1) poem is based upon school children who are in a classroom and are busy doing their own things. According to a Nun, children often sing and read while at school. Furthermore, they learn about how to become modern, learn how to sewing, as well as learn their history. The children do not know who the speaker is, and they stare at him blankly like the politicians they are used to seeing in the television. As compared to other subject matters that he had used in his earlier poems, the use of school children is unique. This poem has its roots during the Civil war, and some compare it to the Anglo-Irish War. The poem focuses mostly on modernity, progress and the civil society. The speaker in the poem is a senator, and in real life, Yeats was once a senator. It seems that the poem is about the peace that prevailed in Ireland at some point in history.

According to Yeats (1998.56), the children are innocent as the speaker views them in a manner, which is poignant. Furthermore, it seems that the woman attracts the attention of the speaker. The latter is elderly, and this is due to the manner, which Yeats describes her. There is a relation between current incarnation and child selflessness. An imaginary conversation exists between the speaker and the elderly woman. She is not a revolutionist, but rather she is a head teacher at the school. Yeats uses foreshadow, whereby he believes that he will fall in love with this woman he keeps on mentioning.

The poem has made use of cadence and rhyming by manipulating them in order to capture the attention of the reader. The use of the two aspects of poetry brings about the body and beauty impermanence. He seeks to make the reader know that there is a need for human beings to become united. Moreover, he has a vision that entails compensation by the human soul to achieve all that it seeks. The theme of childhood is well represented in this poem as there is the presence of a quality of sing song. As the poem progresses, it is evident that there are stresses and enjambments, which are represented in the poem. The words soul and body have been used by Yeats to express his thoughts on romantic matters. This is closely related to the period of romanticism. He wants the reader of this poem to be aware of the love affair, which exists between an old man and his lover. The poem is meant to make people aware of the fact that children grow up and behave in the same manner as old people (Vendler, 2004. 78).

Yeat’s poem is described as being erotic, allusive, intensive and defensive. One can claim that this poem is obsessed with elements such as art, religion, desire, death and age. The use of characters and elements of Greek mythology are present in this poem and many others written by him. Swan can be compared to the Greek God known as Zeus and this makes his poem extremely compelling. Lastly, Yeats shows the synergy which exists between God and human beings. It shows that man is a being who is immortal and thus should always praise the creator. In conclusion, this is one of the best poems written by Yeats as it influences people positively concerning childhood matters.

Work Cited

Yeats, William. Mythologies. New York: Scribner, 1998.Print.

Vendler, Helen. Poets Thinking: Pope, Whitman, Dickinson, Yeats. New York: HYPERLINK “http://www.hup.harvard.edu/catalog/VENPOT.html” Harvard University Press, 2004.Print.

W.B. Yeats. Poets.org. Retrieved from HYPERLINK “http://www.poets.org/poet.php/prmPID/117” http://www.poets.org/poet.php/prmPID/117 December 10, 2011.

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American Revolution and American revolutionary movement

1763 marked the beginning of the American revolutionary era. This came after a series of British forces victories at the end of Indian and French war that concluded the French military threat to the British Forces in the Northern American colonies. The British Empire adopted a policy that colonies within their territories should pay costs associated with their protection in the empire. In that respect, the British imposed a number of direct taxes in addition to a number of laws geared towards demonstrating the British authority over its colonies, all these proved unpopular in America. Since the colonies lacked representatives in the governing British parliament, most colonies considered the law to be illegitimate and a direct violation their fundamental rights as Englishmen.

In 1772, groups of colonies started creating Committees of Correspondence that consequently lead to the formation of respective Provincial Congress. In a span of two years, the Provincial Congress or their equivalent Communities rejected the British Parliament and in effect replaced the British ruling mechanism in their colonies, concluding in 1774 with the coordination of the First Continental Congress. While rejection the Boston protested against British Parliamentary efforts to assert authority over colonies, the British initiated direct rule via royal officials, dissolved local governments and stationed combat troops ready for action. In response, the colonies mobilized their private forces and a war broke lose in 1775. Prior to the commencement of the war, colonies loyal to King George III, sent their representative to inform about the First Continental Congress for the King to intervene on their behalf with the British parliament, but this resulted to the King’s declaration that the colonies were rebelling against mother England and the members of congress as traitors. The Americans won the war resulting in Declaration of Independence that rejected the British monarchy with its government. The Declaration of independence recognized the United States as a loose confederation governed by state elected legislation representatives. This paper seeks to give a historical account that culminated to the American Revolution.

The greatest strength of the American revolutionary movement was as a result of the American conviction that they were determined to engage in a struggle to attain the fundamental right of Englishmen. As a result, in 1772, the colonists began establishing committees of correspondence that lead to the formation of respective colony Provincial Congress. By 1774, the Provincial Congress deserted the British Parliament and substituted the British leadership in all colonies, concluding in 1774 with the call for the First Continental Congress. The way to revolution built slowly over time as several events led the thirteen colonies to seek independence from England the motherland and the road to Revolution was a gradual process.

As a result of the events that occurred in late eighteen century after the Indian/French Civil War and British engagement in the war, left the British in substantial debt; therefore, the British was looking for an easy way of raising money to cover the debt. In that respect, King George III issued a proclamation in 1763 after the acquisition of French Territory in Northern America at the end of the seven year Civil War. The Act prohibited settlement in Appalachia Mountains and beyond. Though the Act was not intentionally meant to harm the colonies, but to stabilize British relation with the American Natives; however, the colonist took offense over the order. In as far as the proclamation Act seemed not to harm the colonist, the Act came with a series of hidden and indirect taxes imposed on the colonies after he royal proclamation to generate revenue. This acted as a display of royal authority over the colonies.

Among the taxes introduced by the British parliament was the 1764 Sugar Act. The British was not happy that the Americans were not buying sugar from British West Indies as it was a requirement of the Good Mercantilist theory. They, therefore, influenced the parliament to pass the 1733 Molasses Act. The Act placed taxes on molasses (the form over which sugar was purchased) that was imported from non-British possessions. However, due to corruption and black market the colonies evaded the tax and this had a negative consequence to the British West Indies sugar market. The Sugar Act was modified and strict measures imposed.

Another problem exacerbated (as far as the British were concerned) by salutary neglect was the rising trend in the colonies to set up banks and issue paper currency. Most of the gold and silver from the colonies was sent to Britain to compensate for manufactured goods. As a result, there was currency shortage in the colonies, which was solved by issuing printed currency. The paper currency was lent to the farmers by the land bank keeping their land as collateral. The money was injected in general circulation. However, owing to the fact that a common standard of currency value, confusion arose, this confusion made the Parliament in 1764 pass the Currency Act, successfully taking over the complete colonial currency system. The American assemblies were banned from issuing paper currency. “When, in 1764, all the devices at the service of the Board of Trade having failed Parliament passed its act (the so called Currency Act) outlawing the use of legal-tender paper money in all the colonies. It was apparent that the crisis had been reached: whether it meant universal breakdown for the colonial economic life or not, England was going to insist that debts be paid in sterling pounds in order to protect English mercantile capitalism’’ (Wahlke 8). This Act along with the Sugar Act set the period for the insurgency at the imposition of the Stamp Act.

The Stamp Act of 1765 came as a direct tax imposed on the North American colonies by the British Parliament. The act required that the printed material be produced on a stamped paper which was a legal paper printed in London, and like all the previous tax money it had to be paid in British Currency, not in colonial paper money. “Designed to raise revenue, the Stamp Act of 1765 placed a tax on virtually all paper products, including newspapers, legal documents, pamphlets, and even decks of cards and dice. American reaction to this act was surprisingly hostile, largely because the most powerful and articulate groups; merchants and businessmen, lawyers, journalists, and clergymen; were most directly affected by it” (Findling and Thackeray 61).

In 1765, twenty seven delegates from the nine colonies came together in New York City with an aim of drawing up a statement of grievances and rights thereby bringing colonies as a unit to oppose the Britain parliament. Stamp Act brought at once a denial of the right of Parliament to tax the colonies “without representation.” All official statements such as the resolves of the Stamp Act Congress asserted this principle, conceding nothing but a willingness to acquiesce in the Navigation and Trade Act that had been enforced in 1763. Moreover, a number of colonial leaders at the time of the Stamp Act crisis or soon afterwards came to the conclusion that Parliament had no constitutional authority to legislate for the colonies (Wahlke 126). Other taxes imposed were the Townshend Act of 1767 which included duties on lead, paper and tea. This was to make the colony official independent of the colonists. Like all the previous taxes, this also caused a stirring among the colonists.

The first major event that led to Revolutionary war was the Boston Massacre that occurred in 1770. The fight began when approximately 50 demonstrators attacked a British soldier. The occurrence of 5th march 1770 had considerable influence in hastening the American Revolution.

The events following the Boston Massacre were the Tea Act of 1773, and the Boston Tea Party in which the colonists disguised as Indians disposed tea off the ships at Boston Harbor. In 1774, in response to the Boston Tea Party, Intolerable Act was passed which prohibited the colonists from engaging in any town meetings while granting the governor to control all town meetings. The British stationed troops, dissolved local governments, and imposed rule by Royal officials as a result of the series of protests in Boston over the British Parliament frequent attempts to claim authority. The colonies had to mobilize their militia to fight the British troops, and as a result, a full scale fight broke out in 1775. By the following year, in the Second Continental Congress, representatives from the original thirteen states voted collectively to implement a Declaration of Independence which completely rejected the British Monarchy and its Parliament. This attack on the monarchy was quite similar to what took place in France during her political and social upheaval.

Enlightenment Ideals played a crucial role in the American Revolution just like it did in the French Revolution. ‘’Quite literally, nothing was any longer sacred. All powers, all authorities, all institutions were now provisional, valid only so long as they could be justified in terms of rationality and utility. According to Doyle, the French Revolution represented the accomplishment of Enlightenment, and ushered in the mental world in which the Americans live today (Doyle 80). The response that came immediately after the Stamp Act was for the people to react violently in protest to what was considered to be an unfair treatment of the British government to the colonies. In spite of great resistance for its execution, colonial writers were engaged in devising a constitutional justification for opposing British authority. In a span of a few months, the foundation of American political theory was laid down, and constitutional barricade had been erected against the oppressions of the Imperial State. A quick response in accordance to the constitutional principles was for the Americans to have a readily made political philosophy over which to combat the British government tyranny.

During their long struggle, the colonists had been engaged in arguments which served as well against parliamentary taxation as the government. Regardless of the colonial separatism, the American political philosophy became essentially identical in all the colonies. Prior to what culminated in 1765, different colonies handled its own matters with little concern of what was happening in the neighbor colony as a result of the Crown authority. The consequence of the Stamp Act brought to the attention of all the colonies that the mother country could not be working to their best interest. This made the colonies see the need to stand together as a united entity against the tyranny of the mother country. A common ideology among the colonies in their effort to achieve independent from British rule was based on the rights of Englishmen and the claim of natural law. The English struggle tradition for liberty was a common held ideology among the colonies, and this formed a strong bond between them in their struggle for liberation. It is clear that Americans were inspired by the example of the “heroes of liberty” of classical antiquity: an American patriot recommended that his countrymen read thoroughly the history of Greece and Rome, “from whence they will imbue a just hatred of tyranny and zeal for freedom”. The colonists became so steeped in the letters and history of ancient civilization that they started conceiving of themselves as “Old Romans”: one patriot, for example, urged his fellow Rhode Islanders to awaken “all that Roman in Providence”; where an orator was said to defend liberty. Philosophically speaking, it would be safe to say that the American Revolution to some extent had to do with the English Enlightenment writers. Its massive influence can be seen in the Declaration of Independence formulated by the American Founding Fathers. They incorporated ideas derived from British philosophy and literature of John Locke, James Harrington and Thomas Hobbes.

The American Constitution as it is known today is greatly influenced by Hobbes’s ideas of recognition of unalienable rights, the Social Compact, and limited government. Hobbes went to become a master of classics. He was later to become a tutor to a powerful and noble elite family. In 1651, he wrote Leviathan, and this has remained to be an influential philosophical treatise ever written. Without an authority, he said that the men were in what he called a state of nature, which is based on three basics of conflict; competition, diffidence and glory. To prevent this state of nature, he came up with the Social Contract theories according to which governments are established to prevent men from being ”in a state of nature. This theory was readily accepted by the Founding Fathers. Hobbes in Leviathan mentions, “therefore, before the name of unjust and just can be acknowledged, there must be a coercive power compelling men to perform as per their covenants, by the terror inflicted by their punishments exceeding the benefits they expect (Waller 72). By going contrary to their covenants and to make good use of property that was acquired by men through mutual contract, and in reward of their abandoned universal rights, there will be no such power before the erection of the commonwealth” (Waller 97). Hobbes’s ideology of established government under which all men can equally practice their rights can be seen to have been incorporated in the Declaration of Independence. This stated that, the people hold such truths to be evident that all men are equally created and are endowed by their creator with natural rights including life, liberty and the pursuit for happiness.

Similarly, James Harrington’s (the author of a controversial work, The Commonwealth of Oceana) ideals of Separation of Power can be seen echoing in the first three articles of the Constitution of America, pointing the powers of the three branches of government: the legislative, the executive, and the judiciary respectively of the US Constitution. He states in his book, “therefore as these two commonwealth orders, namely the people and the senate, are legislative; it is of necessity that there must be a third body the magistracy to be executive of the laws: in order for the rest to be shaped up by art, the commonwealth should consists of the people resolving, the senate proposing, and the magistracy executing” (Harrington 31). This is how he further goes on to support democracy over monarchy, “My lord I can sum up Aristotle’s Politics in a very few words. We have the Barbarous Monarchy where the citizens have no say in the law making process, the Heroic Monarchy where the citizens have a say in the laws making process and Democracy where people get to chose what is good for them. A man cannot be said to have liberty and freedom in a democracy alone. (Harrington 8).

John Locke (1632- 1704), came to known as the Father of Liberalism owing to his ideologies and theories that were influential in the American Revolution. He was an English philosopher and a physician, and his ideas and theories made him to be considered as one of the most influential thinkers of the time. His ideas on the understanding of liberty motivated the political thoughts of the people responsible for the American Revolution; for example, his “social contract” theory implied in humanity’s natural rights involved the right of the people to dispose their leaders, should such leaders be disloyal to the historic rights of the Englishmen (Charles 26). His social contract theory provided the basis for both U.S. Constitution of 1787 and the Declaration of Independence. Thomas Jefferson was to a higher degree influenced by Locke’s ideas that at some instances even copied him directly. The Article 6 section 3 of the US Constitution does not require an office holder to swear allegiance to God. This is exactly what the Lokean model is based upon as God and religion are not a party to the contract. Locke states in his book, ‘’and thus that which initiates and makes-up any political society is nothing exceeding the permission of any number of citizens making the majority of the society incorporated and united in the society. This is what, and which should be given to any lawful government ’’ (Wahlke 56).

It is arguable that of all the Enlightenment writers, philosophers and political theorist John Locke’s writings have been the sole major contribution to the Declaration of Independence and the US Constitution. However, above all, the political writings of John Locke furnished Americans, whether Carolinians or New Englanders, with a store of arguments against the arbitrary rule of both the King and the Parliament. If any one man can be said to have subjugated the American Revolution political philosophy, it is John Locke. American political thinking was mostly an exegesis upon Locke: and patriots quoted the author with as much reverence as Communists quote Marx today.

In conclusion, America’s commitment to the noble ideals of freedom, sovereignty, equality and liberty and what can be called a true democracy made American Revolution a true revolution. It might not have all the elements of a classical revolution, like a complete turnover of the economic and political system, rather it was more like a philosophical impact on her society. It gave birth to an optimistic view of what the world could be like. The constitutionalism this revolution gave birth to, can be defined as the belief that any government should only have limited power over its people and that; these given powers should be kept in check. The War of Independence was an ideal moment in time in the American Revolution which gave the colonies a chance to put their philosophical ideals and dreams into practice. Enlightenment played an essential role in the development of these ideals and later the Declaration of Independence and the US Constitution. It taught people to challenge the orthodox way of thinking, question the divine right to rule and that they should be given the right to change their condition as they will. John Locke, Thomas Hobbes and James Harrington are few names that influenced the colonists thoughts. Since the Constitution of the United State held numerous ideals of Enlightenment, it is safe to say that the Founding Fathers were influenced by the writings of these British born enlightened thinkers.

Works cited

Cohen, Martin. Philosophical Tales. Malden, MA: Blackwell Pub., 2008. 101. Print.

Doyle, William. The French Revolution a Very Short Introduction. Oxford: New York, 2001. 80. Print.

Findling, John E., and Frank W. Thackeray. Events That Changed America in the Eighteenth Century. Westport, Conn: Greenwood, 1998. 25. Print.

Harrington, James. The Commonwealth of Oceana,. London: G. Routledge and Sons, 1887. 31. Print.

Locke, John. A Letter concerning Toleration. Buffalo, N.Y.: Prometheus, 1990. Print.

Miller, John Chester. Origins of the American Revolution,. Boston: Little, Brown and Company,

Wahlke, John C. The Causes of the American Revolution. Boston: Heath, 1962. 126. Print.

An Analysis of fall in The Construction Industry

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This paper conducts an analysis of the risk of fall in construction sites. Falls impacts of and the major causes of accidents in construction sites. Prevention of accidents that may result from fall is critical in preventing deaths and time lost to treat injuries that may result from wounds that were sustained during a fall (Chew et al., 2010). This paper examines the necessity of frequent monitoring of construction site by the department of Building and halting of construction in the event not all the regulations are followed (Kaskutas et al., 2008). Training of employees and reporting incidences that may result to fall in the long run is critical in prevention of fatalities. The EPA guidelines regarding construction and prevention of falling objects are given major priority in the recommendations. The paper is divided into several segments namely;

The introduction

A case study of 303 East 51st Street is provided.

Major flaws and findings that caused the accident identified.

Recommendations necessary to prevent occurrence of such tragedy outlined.

Conclusion

Introduction

Construction is essential for expansion and accommodation of people and offices. In the American construction industry, falls are identified as the lead in terms of fatalities in the construction industry. An estimated range of 150 to 250 die while more than 10,000 get serious injuries as a result of falls from construction sites in America (Mori & Asaine, 2011). Accidents occurring as a result of fall are complicated but the reason to why many people die is lack of protective equipment while others are caught unaware when the objects fall. Falling objects such as falling lumber, bolts, steel, debris and tools can cause concussion, breaking of bones, neck injuries, back injuries and even death (Singh, 2013). Treatment of injuries can require surgeries and long months of rehabilitation. There are several reasons that may result to falling objects such as property owner negligence, jobsite hazards, subcontractor errors, violation of OSHA regulations and distraction as a result of commotion and workers carelessness (Mori & Asaine, 2011).

Similarly, another major reason to why the number of deaths and injuries are high is because most of the workers in the construction sites spent most of their day at construction zones and these sites have a lot of tools, equipments and machinery which increase the probability of an accident occurring. This paper will examine the causes, impacts and precautionary measures that require to taken to prevent accidents which come as a result of falls are limited. A case scenario is also used to give a further insight and explanation.

Several construction locations have caused serious injuries and death to people working on the project. The 303 East 51st Street is a sky crapper building whose process of construction is still in progress (Singh, 2013). The building is located at Turtle Bay in New York and it was expected to reach the height of 504 ft. until its construction was put on a halt (Singh, 2013). The construction commenced in 2007, and on 15th March 2008, the luffing-jib crane used in the construction of the building broke and fell instantly killing seven people (Mori & Asaine, 2011). The calamity was viewed as the worst construction accidents witnessed in New York in recent years.

Although the original structural design of the building was that the skyscraper would reach a height of 470 ft., the developers rescaled and added the height of the building to reach 504 ft. the increase in height was establish 117 more residential units. Prior to the occurrence of the accident, the New York department of Buildings had warned that the building had violated 13 safety violations that were necessary to be implemented during construction.

Despite several warnings, the developers continued with the construction process. On March 4, 2008 authorities further warned that the crane being used had been detached from the building and posed a risk but all the warning were ignored. On March 15, 2008, the crane (owned by New York Cranes and Equipment Company) fell during construction and killed seven people while 24 others got serious injuries (Singh, 2013). The events surrounding the occurrence of the accident indicate that workers were fixing new steel collars to anchor the structure at the 18th floor. Further analysis indicates that the main cause of the accident was breaking of a piece of Nylon when the crane was lifting a steel piece which weighed over six tons. After the accident, the construction of the building was put on a halt.

Faults resulting from the occurrence of the East 51st Street accident were attributed to several factors. Major flaws and ignorance was witnessed after the New York department of Buildings warned of the 13 counts of violations that were not followed during the construction process (Chew et al., 2010). Failure of the department of Building to halt the progress of constructing the structure further worsened the situation that resulted to several deaths. Despite having the power and authority to halt the construction on the basis of failing to follow the necessary regulations that are set to govern construction the evaluating officer assumed the violations were negligible. Further investigations indicated that improper use of polyester slings may have most likely caused the failure of the slings that resulted to the falling of the crane.

According to investigations, the sling failure was because of their inadequacy. The crane requirements were for effective and safe functionality, the crane required eight slings to properly support the steel collar but instead, four slings were used (Kaskutas et al., 2009). Further analysis indicated that the slings were improperly connected. They were incorrectly attached to the collar with the support of the chain blocks attachments instead of using chain block lugs. Conversely, one of the slings used that was positioned at the southwest end of the building was worn out and damaged before it was even used to support the six tons steel block (Mori & Asaine, 2011).

Uneven distribution of the steel load and improper installation of one sling cumulatively resulted to the failure of the other slings (Chew et al., 2010).

Basing on the investigative findings, William Rapetti (person in charge of the construction) and his entire company were sued on numerous accounts of negligent homicide, manslaughter, reckless engagement and assault (Mori & Asaine, 2011). The inspector of the New York department of Buildings was also charged with writing and filing of wrong inspection reports. The department of Buildings further conducted a countrywide campaign to educate the public on their safety in areas that are vulnerable to fall accidents especially construction sites. In the year 2009, new laws regarding construction were enacted to lower the risks of accidents. The use of Nylon slings was also limited to only special occasions.

Construction projects require to be designed in a manner that would limit the incidences of falling objects and assure the safety of the workers. Presence of hazards can warn employees from going to areas that are susceptible to fall objects without protective wear. They include: “Warning, beware of falling objects” are vital in preventing deaths and injuries (Kaskutas et al., 2008). Other ways of providing warning is through verbal and non-verbal communication. Employees’ awareness of areas that are prone to falling objects is important in making navigation within the site easy because such areas are avoided.

Securing loads before being lifted by cranes is important. The construction employees have to ensure the load is equally balanced before they are lifted. Securing and balancing of loads guarantees safety because the load is well balanced and held (Kaskutas et al., 2008). Swinging of loads over someone’s head should at all costs be discouraged because the potential for a tumble is high. Restricting of heavy stacks in specific areas where they are placed before being lifted lowers the probability of falling because most construction firms do not allow people to move to such areas (Kaskutas et al., 2009). Only specialists who know how to take necessary caution and safety are allowed.

Installation of administrative control by a great margin lower the probability and also prevent falling objects at workplace. Constructing of boards around elevated construction sites lowers the probability of objects falling over the edge and causing accidents. Placing bars across storage areas reduces the probability of objects tumbling out (Chew et al., 2010). Conversely, construction of fences and barricades keeps the public away from construction zones hence their risk that may arise from falling objects is also lowered.

Training employees and workers on the nature and condition of fall hazards and detecting and responding to fall hazards and understanding the correct procedures in erection of loads and maintenance of equipment by a big margin reduces risks of fatalities and injuries. Personal protective equipment (PPE) is a necessity when working in areas where the probability and potential falling objects is very high (Kaskutas et al., 2008). The department of Building needs to examine and protective equipment to ensure they match the required standards.

Conclusion

Modern day constructions use tower cranes to construct high rise buildings. The towers ability to carry extremely heavy loads makes them widely preferred and used. However, these machines could be the most risky especially when they do not undergo frequent and proper servicing (Chew et al., 2010). The department of Buildings has put emphasis on the necessity of ensuring that the cranes do not cause a tragedy similar to that of the 303 East 51st Street New York Tower. The building inspection department needs to improve its monitoring, evaluation and reporting department to assure the safety of the public and workers who work at the construction site and may be susceptible to falling objects (Kaskutas et al., 2008).

References

Kaskutas, V., Dale, A. M., Nolan, J., Patterson, D., Lipscomb, H. J., & Evanoff, B. (2009). Fall Hazard Control Observed On Residential Construction Sites. American Journal of Industrial Medicine, 52(6), 491-499.

Kaskutas, V. K., Dale, A. M., Lipscomb, H. J., & Evanoff, B. A. (2008). Development of the St. Louis Audit of Fall Risks at Residential Construction Sites. International Journal of Occupational and Environmental Health, 14(4), 243-249.

Mori, A., & Asaine, W. (2011). Preventing Accidents On Building Construction Sites. Journal of Structural and Construction Engineering (Transactions of AIJ), 76(665), 1213-1219.

Singh, R. (2013). Arctic pipeline planning design, construction, and equipment. Amsterdam: Gulf Professional Publishing.

Wu, W., Yang, H., Chew, D. A., Yang, S., Gibb, A. G., & Li, Q. (2010). Towards an autonomous real-time tracking system of near-miss accidents on construction sites. Automation in Construction, 19(2), 134-141.

Operation Management

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Table of Contents

TOC o “1-3” h z u HYPERLINK l “_Toc412040844” Introduction PAGEREF _Toc412040844 h 3

HYPERLINK l “_Toc412040845” Example of Operational Management within an organization PAGEREF _Toc412040845 h 3

HYPERLINK l “_Toc412040846” The Role of operations Management PAGEREF _Toc412040846 h 4

HYPERLINK l “_Toc412040847” Role of the Operations Managers PAGEREF _Toc412040847 h 4

HYPERLINK l “_Toc412040848” The relationship between Operations and Other Functions PAGEREF _Toc412040848 h 5

HYPERLINK l “_Toc412040849” Operations management role indicators. PAGEREF _Toc412040849 h 7

HYPERLINK l “_Toc412040850” Conclusion PAGEREF _Toc412040850 h 8

HYPERLINK l “_Toc412040851” References PAGEREF _Toc412040851 h 9

IntroductionOperation management is the business work that plans, arranges, organizes, and controls the assets expected to create an organization’s products and management s. Operations management is a management capacity. It includes overseeing individuals, supplies, innovation, information, and numerous different assets (De Menezes, Wood & Gelade, 2010). Operation management is the focal center capacity of each organization. This is genuine whether the organization is vast or little, gives a physical decent or management, is for benefit or not for benefit. Each organization has an operations management capacity. Really the various authoritative capacities are there principally to backing the operations capacity. Without operations, there would be no products or management s to offer. The advertising capacity gives the required capital. It is the operations capacity, notwithstanding, that plans and arranges all the assets expected to plan, deliver, and convey the stock to the different retail stores. Without operations, there would be horrible or management s to offer to customers.

Example of Operational Management within an organization

The part of operations management is to change an organization’s inputs into the completed products or management s. Inputs incorporate human assets, offices and methods, and in addition materials, innovation, and information. Yields are the products and management s an organization produces.

L’Oreal is one of the main beautifying agent’s organizations on the planet. It has as of now been working a Citrix terminal server ranch for quite a while. Be that as it may, by ahead of schedule 2004, the attempted and tried manual establishment honed by the heads had arrived at its confines, prompting precariousness in the system. L’Oreal had the capacity completely robotize the establishment of its terminal servers and accordingly extensively expand the steadiness and’s IT foundation. L’Oreal excellence items with the scope of beautifiers styling items for men and ladies.

L’Oreal has created exercises in the field of beautifying agents, focusing on hair shading, healthy skin, sun assurance, cosmetics, scents and hair care. L’Oreal is dynamic in the dermatological and pharmaceutical fields.

The Role of operations ManagementThe part of operations management is to make a quality included type of products and management s by changing an organization’s inputs into yield as completed merchandise and management s. The exercises in operations can be isolated as info, change process and yield. The organization’s inputs incorporate human assets, for example, laborers and chiefs, information, innovation IT and offices and courses of action, for example, gears, structures or terrains and materials. At that point the operations system will change over the changed assets from inputs into yields that are merchandise and management s which delivered by organization and after that will get input information about the exercises in the operation system (Jacobs, Chase & Chase, 2010).

Role of the Operations ManagersSome individuals (particularly those professionally included in operations management!) contend that operations management includes everything an association does. In this sense, each director is an operations supervisor, since all supervisors are in charge of adding to the exercises needed to make and convey an association’s products or management (Krajewski, Ritzman & Malhotra, 2012). Be that as it may, others contend that this definition is excessively wide, and that the operations capacity is about delivering the perfect measure of a decent or management, at the opportune time, of the right quality and at the right cost to meet customer necessities.

Operations chiefs are in charge of overseeing exercises that are a piece of the creation of products and management s. Their direct obligations incorporate overseeing both the operations methodology, grasping configuration, arranging, control, execution change, and operations procedure. Their roundabout obligations incorporate collaborating with those supervisors in other utilitarian zones inside the association whose parts have an effect on operations. Such zones incorporate showcasing, money, bookkeeping, work force and designing.

Human resource management – the individuals utilized by an association either work straightforwardly to make a decent or management or give backing to the individuals who do. Individuals and the way they are overseen are a key asset of all associations..

Asset management – an association’s structures, offices, supplies and stock are straightforwardly included in or help the operations capacity.

Cost management – a large portion of the expenses of delivering merchandise or management s are specifically identified with the expenses of getting assets, changing them or conveying them to customers. For some associations in the private part, driving down expenses through effective operations management provides for them a basic aggressive edge. For associations in the not-revenue driven part, the capacity to oversee expenses is no less essential (Slack, Chambers & Johnston, 2009).

The relationship between Operations and Other FunctionsThe roles of operations management capacity and the choice was made by operations administrators associate with other utilitarian regions in business. This will clarify the relationship in the middle of operations and other capacity plainly. As most organizations known, there are three principle useful ranges in association: fund, showcasing and operations as the primary supporter in their business, yet different capacities likewise supporting an association also. In spite of the fact that these capacities scope in diverse exercises, they must cooperate attain to the objective of the association and drive the business making headway as well.

Finance function will mindful to controlling of the trusts and judging the requirement for capital speculation, for example, supplies or migrations, gathering cash and covering settle on choices on make-or-purchase in association furthermore plant extensions. Fund capacity can’t work without comprehension operations ideas and required. Then again, operations administrators can’t make the monetary arrangements without comprehension the key and technique for assessing of money related speculation too. It is key that both capacities must see one another and cooperate (Slack, Chambers & Johnston, 2009).

Marketing function will creates the interest for the organization’s products and management s by understanding customers required and figure out the best approach to assemble and build up the new markets. Deal won’t be happened in the event that they don’t comprehend what operations can deliver or what due date can meet or can’t and what sort of customization operations to convey. Therefore, the primary required of promoting and operations work nearly together and them two are vital as advertising giving the gauge of interest which operations will create the merchandise and management s and sending to customers (Krajewski, Ritzman & Malhotra, 2012).

Production and operations, the fundamental capable on operations capacity is to create products and management s and convey to customers on time. As said already, operations capacity will join with any useful ranges by the operations parts.

Human resources will mindful on enrollment and work connection and they must comprehend work prerequisite and specialist aptitudes when they contract individuals in any positions. The operations administrators need to comprehend occupation business sector patterns, work cost when procuring or lay-off and the expense for preparing lead to proficiency on workers’ management.

Information technology which co-ordinates with the PC based information required and empowers information course through the association and permit operations management to work viably. For the most part, operations management is vigorously reliant on information innovation, for example, the conjecture of requests, timetable of specialist, level of value to attain to and supplier conveyances. Typically, this nearby relationship between operations management and information innovation will cooperate for configuration information system.

Accounting consider the current execution measures, stock management and work standard so as to build up the expense information for association. Thus, operations administrators ought to impart to bookkeeping about charging information and the methodology change. To settle on choices about the expense management is exceedingly rely on upon bookkeeping information that demonstrated the relationship between two of them.

Operations management role indicators.Techniques to evaluate performances; these procedures are vital to the development and change of the association, likewise concentrate on the change on the benefit, adequately and proficiently. Furthermore fundamentally an association’s execution measure strategies are emulating the five execution targets to improve

Key performance techniques; there are three principle methods to assess business execution, thought process of every last one of strategies to build execution of the association and accomplish targets (Jacobs, Chase & Chase, 2010).

Balanced Scorecard: this procedure is begun by Dr. Kaplan & David Norton. This procedure is exceptionally useful to supervisor to more concentrate on adjusted perspective the association execution. There is four office they are concentrating on; customers imminent, inside; business process, fund and learning and development to screen the execution or advancement towards hierarchical destinations.

Benchmarking: this method is utilizing estimation methods to contrast management and item and other association and produce development to perform best as could reasonably be expected. What’s more recognize territory of change. Benchmarking is regularly utilized as quality system. There is two sort s of benchmarking checking is accessible inward and outer. For example the benchmarking standard is exceptionally helpful to assess execution of doctor’s facility and colleges and so on this is not general procedure guaranteed to enhance execution generally the result structure seat marks correlation can be utilized as a part of more general methodology.

Critical success factor: Critical Success Factors are connected with the mission and vital goals of the association. Anyway the objective and mission are centered around the point and what they are accomplished, these variables are concentrate on the in particular with what is attained to and what they are looking to attain to high caliber (De Menezes, Wood & Gelade, 2010).

ConclusionThe operation management team is accused of the undertaking of guaranteeing a beneficial and safe creation system, furthermore guaranteeing that assets are dispensed and utilized as a part of an effective way, minimizing waste in the process of delivery and material assets. So as to meet these objectives, the management team therefore needs to endeavor to discover the best operations method accessible for their specific circumstance and item. The greatest test for any association and its operations is to attempt to boost creations by eliminating waste, finding the right harmony between getting the creation up to the obliged standard by utilizing the assets accessible to the ideal level.

ReferencesDe Menezes, L. M., Wood, S., & Gelade, G. (2010). The integration of human resource and operation management practices and its link with performance: A longitudinal latent class study. Journal of Operations Management, 28(6), 455-471.

Jacobs, F. R., Chase, R. B., & Chase, R. (2010). Operations and supply chain management. McGraw-Hill/Irwin.

Krajewski, L. J., Ritzman, L. P., & Malhotra, M. K. (2012). Operations management. Pearson Education Limited.

Slack, N., Chambers, S., & Johnston, R. (2009). Operations management. Pearson Education.

Executive Brief On Strategic Planning For A Military Base For Homeland Security Class

Contents

TOC o “1-3” h z u HYPERLINK l “_Toc377471055” Background PAGEREF _Toc377471055 h 1

HYPERLINK l “_Toc377471056” Statement of the Problem PAGEREF _Toc377471056 h 2

HYPERLINK l “_Toc377471057” Operational Definitions PAGEREF _Toc377471057 h 3

HYPERLINK l “_Toc377471058” Significance of the Strategic Plan for Future of Homeland Security PAGEREF _Toc377471058 h 3

HYPERLINK l “_Toc377471059” Summary PAGEREF _Toc377471059 h 4

Background

Homeland security system improvement has attracted programs aimed at ensuring the improvement sustained is responsive to the current range of threats to national security and disaster preparedness (Office of Homeland Security, 2002). Homeland security stakeholders in Carroll County have a daunting task of ensuring that the Fire and EMS departments are integrated and better coordinated in order to take care of the homeland security needs that they are assigned (NFPA, 2009). Over the years, the departments have relied on volunteer programs to staff the various areas of human resource needs in the system. In view of the improvement mandate that the authorities have, this system not only better coordination but also requires a professional staffing dimension that will enhance performance.

In the above mentioned circumstances facing the homeland security aspects in Carroll County, a strategic plan is required to facilitate a thorough improvement of the system with keen interest on the most fundamental aspects. In the appropriate proposed strategic plan for homeland security in the county, the first subject area of interest must therefore seem not to overlook the staffing aspect that mainly relies on volunteer arrangement for the bulk of staffing needs referred to as CCVESA. Under the changing economic times, it is increasingly becoming difficult for volunteers to afford sufficient time for the homeland security voluntary contribution. This has occasioned a deficit in human resource requirements for a sector that has an ever increasing demand due to the rising number of security threats. To this end, the strategic plan proposes an efficient program where the fourteen companies tasked with the provision of homeland security services to be integrated so that staffing needs can be handled centrally. Under such an arrangement, it will not only be possible to recruit professionals such as engineers but soliciting for funding from the relevant authorities will be more harmonized in the wake of budget cuts in individual projects across major government programs.

Statement of the Problem

In the wake of unprecedented security threats across the globe, the need for more vigilant approaches cannot be assumed, particularly inside the US that faces a significantly greater threat than many other countries. By sticking to the current program that operates on a disintegrated system and a volunteer staffing basis, a number of challenges beckon for the homeland security needs in Carroll County. Leaving individual homeland security services providing companies to operate separately creates unbalanced excesses for instance in equipment purchases that could be managed sufficiently using lesser of such costs across the integrated system. Coupled with the increased need for factoring in budget cuts, this is an expensive approach that can only be handled centrally.

It is a challenge in operating similar functions under independent approach for public service companies which ought to observe coordination in discharge of important services such as security. Lack of cooperation and integration in the public service could prove to be an expensive approach than when a common policy is employed in handling service delivery (Seltzer, 2004). Operating such a sensitive department on a voluntary basis implies that there is a missing link in modern security service delivery that embraces a high specialization direction. Professional security personnel undertaking advanced courses in security are increasingly being produced by institutions of higher learning. Lack of adoption of recent training and technological advancements in service delivery in Carroll County presents the missing link towards professionalization and embracing of modern trends in tackling the ever evolving security needs.

Operational Definitions

Certain terms used in the strategic plan need clarification and definitions, which are attempted in the following section (University of Maryland, 2008).

CCVESA-Carroll County Volunteer Emergency Services Association (CCVESA) which is the team that handles homeland security issues in the county.

Combination department- department made up of voluntary and salaried staff

Integration-bringing together separate departments under one management and coordination

EMS department- Emergency Medical Services is a section of homeland security that deals with medical related casualties reported to the department

Fire department- homeland security segment that deals with fire accidents across the county

Disintegrated operation- a system of operation by several institutions on a completely independent basis with little or no cooperation among them

Significance of the Strategic Plan for Future of Homeland SecurityIn terms of future applications for the proposed homeland security strategic plan, a lot of changes are expected on a regular basis in a review system that advances with the changing needs. Due to the needs of the security apparatus applied by the authorities, it is perhaps important that shortages, mismanagement and inefficiencies are avoided due to the sensitivity and gravity of security needs of any society in the modern world. In line with the security preparedness necessitated by a society’s vulnerability to security challenges as the one exposed to the American community, it is important that policy design and formulation is realigned ad adjusted to the pressing needs of this sector.

The significance of this proposal is therefore the timing of the realignment of staffing and coordination needs proposed in line with the missing links. The most appropriate homeland management insights that this strategic plan proposes for the future of the sector is that there needs a professional approach for sensitive national issues. By ensuring that security personnel with the appropriate training offer their services on a career basis and not on voluntary arrangements will not only introduce consistency and professionalism but will act as a motivational aspect (WIA, 2011). Homeland security issues are likely to be held in a more serious manner if accountability associated with complete professionalism is introduced into the industry. The current combination department must be modified to make one form of staff. Alternatively, ensuring that the involved stakeholders are incorporated into a coordinated structure will facilitate resource sharing and a common approach likely to elicit positive outcomes. Homeland security will be more equipped if different role players are centrally coordinated to face the common challenges in security within the benefits of teamwork and synergies of resource sharing.

Summary

Improvement in homeland security services is a sensitive topic that cannot be comprehensively covered by makeshift arrangements without a consolidated approach among the stakeholders. Using Carroll County as a classical case of the missing links between expected approach and the less functional arrangements, it is perhaps important for a complete overhaul of the current conditions through a number of policies to make a competitive department. In line with the security demands of the modern sector, it is important that advancements are rolled out to the lowest level of devolution at the local scenes. Integration of the fourteen stations of service into a more coordinated body of deployment can make things manageable at the helm of the demanding sector.

Despite the integration needs that the Carroll County homeland security departments require at the minimum, there are also staffing needs that require a different realignment. As mentioned, the bulk of the staffing composition at the Carroll County comes from voluntary service which has been inconsistent and dwindling. Limitation of efficiency on grounds of staffing should be overcome by ensuring that there is a departure, from the combination staffing structure to a homogenous staffing composition with more a professional image. In line with performance demands at the department, salaried employment will facilitate the attraction of the appropriate talent and professionals into the sector. It will be important that the staffing elements are coupled with the integration aspect that is conspicuously missing in the homeland security system in the county.

References

National Fire Protection Association (2009) Retrieved from: HYPERLINK “http://www.nfpa.org/categoryList.asp?categoryID=143&URL=About%20NFPA” http://www.nfpa.org/categoryList.asp?categoryID=143&URL=About%20NFPA

Office of Homeland Security (2002) “State and Local Actions for Homeland Security,” Retrieved from: HYPERLINK “http://www.ncs.gov/library/policy_docs/State_and_Local_Actions_for_Homeland_Security.pdf” http://www.ncs.gov/library/policy_docs/State_and_Local_Actions_for_Homeland_Security.pdf

Seltzer, R. (2004) Successful fire department consolidations and their implications for Conventry fire departments. Coventry, Rhode Island.

University of Maryland (2008) “Center for Health and Homeland Security,” Retrieved from: HYPERLINK “http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1006&context=hhs_newsletter” http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1006&context=hhs_newsletter

WIA (2011) “2011 Extension to the Strategic Local Workforce Investment Area Plan,” Retrieved from: HYPERLINK “http://carrollworks.org/PDF/2011MMD_WIAPlan.pdf” http://carrollworks.org/PDF/2011MMD_WIAPlan.pdf

Exceptional and special students

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Using appropriate assessment strategies to research on the diversity of community dynamics especially with the needs exceptional and special students

Introduction

The increase in the cultural, ethical and even racial diversity has been observed in many of the schools since the wake of the twentieth century. This reflection is mostly featured in the classrooms of early childhood. Since it is in the early childhood periods that one gets to develop him or herself, the initiation and instilling of the proper values in the life of a child is of fundamental importance. In these early childhood classrooms, the reception of children with disabilities and victims of development delays are also increasing. This increase in the diversity of overall composition in classrooms has created a challenge. It has also presented many opportunities to educators who have been laid the responsibility to teach. With this present challenge, teachers make responsive classrooms to the diversity of the needs of every child by being given enough support from the parents, administrators and even from friends (Bailey, 1994).

I was involved in handling one of the schools that was in one way or the other fitting in this description as their classes were made of a composite of students. These students were diverse in their culture and some cases of exceptional and special students. This situation was a real challenge especially when dealing with them in a classroom setup of a mixture of students who had differences in their abilities in doing something. Considering the current situation of the classes that I was handling, it was mandatory for me to employ different strategies in order to make sure that every student understood from the different lessons I handled.

After carefully conducting an assessment of different students’ capabilities, by taking observing the records and documentations those students did throughout the term. Through this observation, I was able to know the way every student performed. I later used this information I collected to form the basis in my derivation of steps to be taken when dealing with students. In the action plan, in order to provide an accurate, fair and a respective image of the different capabilities of and progresses of the students, I had to pay a close interest especially to students showing exceptional and special needs.

In the assessment and implementation in a heterogeneous classroom, I had to rely on three things: knowledge of the strengths and interests of the student, what were the cultural setup of the student, finally the information of the development and learning of a child with respect to age and the normal characteristics of a human being.

Some of the special and exceptional students were the heterogeneous group. This group show detrimental impact especially in the identification of students from racial minority, which included language and different ethical backgrounds. These groupings were better known as having a characteristic of “lower” performance tracks. The challenge was to breach the gap that existed between the high and the low academic track groups. When it was time for group discussion, i grouped the students in a mixture of lower and upper performers which proved to be a working approach hence I recommended it to other teachers facing similar. I saw this important as often students with special and exceptional disabilities form isolated groups limited themselves from the real world hence lessening their opportunities in interact with other children (Banks, 1993).

In some cases where the student was no familiar with what I was explaining, I had to use the expression of the physical language in order to help them understand. This use of a second language different from the usual speaking was helping the lot of a student who had difficulties in hearing. They could relate the movement of the mouth with a certain object I could be referring. This served as a boost to quite some individuals (Banks, 1993 and Abdal, 1994).

In seeing that the curriculum used by the students is student friendly and disability inclusive, I took advantage of the inclusive curriculum which took care of the strengths and accommodated the needs that every student in the classroom that had special people with disabilities and development delays.

This curriculum also deals with the issue of classroom differences yet shared or similar abilities. Using the guidelines suggested by the curriculum, I was able to come up with a schedule of activities that introduced different ways of interacting with special and exceptional student. Through this, they were able to share and learn from each other. In one of the physical education classes, I trained a crippled student on his wheelchair on how to go through the steps of a dance. I used this strategy intentionally to counter the misconception and stereotype surrounding the disabled of what they can and cannot do (Abdal, 1994).

Conclusion

Therefore, to give proper instructions that will benefit every person including people with special and exceptional needs, one has to device a thematic way of going about it. This could include the revision in the way of doing things. This is only possible after one has conducted an assessment on the people and exactly known the conditions that will counter the situation.

References

Abdal-Haqq, I. (1994, June). Culturally responsive curriculum. ERIC Digest [Online]. Retrieved from <HYPERLINK “http://www.eric.ed.gov/contentdelivery/servlet/ERICServlet?accno=ED370936″http://www.eric.ed.gov/contentdelivery/servlet/ERICServlet?accno=ED370936>

Banks, J. (1993). Multicultural education for young children: Racial and ethnic attitudes and their modification. In B. Spodek (Ed.), Handbook of research on the education of young children. New York: Macmillan.

Bailey, D.B., Jr. (1994). Working with families of children with special needs. In M. Wolery & J.S. Wilbers (Eds.), Including children with special needs in early childhood programs (pp. 45-70). Washington, DC: National Association for the Education of Young Children.

American Revolution

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Institution

American Revolution

The 19th century was a period that the slave trade was abolished on an international platform. However, this action did not affect the slave trade business in the internal states of America. Many people continued enslaving individuals in their homes to carryout various chores such as house and farm works. African-American men and women were victims of slavery and suffered during the first half of the 19th century. It was during this period that the northern part of America was in disagreement about slavery while the southern region comfortably accepted it as part of their culture (Steele and Brislen, n.d.).

Many of the African-Americans in the southern region were kept as slaves doing house and farm chores for the ‘white’ Americans under minimum or no wage. The first half of the 19th century was a moment when industrialization was established in America. At this point, women were viewed as inferior beings in the society with house chores delegated to them while men went to work in the industries. Indeed, African-Americans were inferior to their employers, but so were the ‘white’ women to their husbands (Steele and Brislen, n.d.).

Unfortunately, the ‘white’ American men exposed some of the African-American women to sexual abuse (Parish, 2013). This was not a common occurrence to the ‘white’ women, although several had unfaithful husbands. Such men took the African-American women in as slaves, and some were their mistresses. Consequently, they ended up bearing children for these men. Additionally, some of these women used sex as a way of attaining freedom from their superiors. African-Americans in the north, unlike those in the south, had the opportunity to acquire formal education. During this period of the 19th century, women, whether ‘white’ or African-American, were inferior in the eyes of many. However, various opportunities emerged that changed the perception people had towards both African-Americans and women. These opportunities included emancipation and exposure to chances of attaining formal education. In turn, many of the affected individuals could have the opportunity to take up jobs in the industrial world, just like the ‘white’ American men.

References

Parish, J. P. (2013). Reader’s guide to American history. Chicago, IL: Routledge.

Steele, K. & Brislen, J. (n.d.). Women in 19th century America. Retrieved on 24 Oct. 2013 from http://womeninushistory.tripod.com/

American Revolution

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Introduction

All the thirteen colonies that later become the United States of America were at first the colonies of Great Britain. Just before the American Revolution took place the people of these Colonies were tired with the British rule. From time to time, there existed discontent and rebellion amid the people (Egnal, 2010, p. 12). For those individual who think that the change the American government is a real revolution they are wrong as the change is an economic and social one. One of the reasons that the colonies were rebellious against England was the heavy taxation issue bestrewed upon them. Were taxation and discomfort amid the colonies the only reasons that the revolution took place? The below sections will highlight other reasons why the American Revolution took place.

The thirteen colonies disputed that the British had no legal power to overtax them, in addition, they wanted a representation if there were taxed but England could not offer this. This was the main cause of the American Revolution. Based on the Revenue Act of 1764 a constitutional agenda was discussed whether the King had the mandate to Tax the colonies. This later led to wedge in the dispute that finally freed the United States Colonies from Great Britain power. Taxation without representation that prompted the reasons of the American people against their mother country (England) (Hobsbawm, 2010, p. 23).

The response against taxation among the colonies was very rampant. Most articulate and powerful political and social groups in the population went against the rule that caused this taxation issue. Resolutions against the eve of taxation with any representation that on the view of the Americans was a threat to colonies liberties were passed. In 1765, all the representatives held a closed-door meeting for the first time to choose the best options to mobilize their people against interference in American issues and Affairs. From this time onwards, the Americans reached a point of no return. In November, 1773, at the Boston Tea Party, a reaction to the compromising Tea Act prompted a reaction among the colony representatives. The following year Continental Congress met for the first time and formed the “Association.” The body assumed the leadership of their mother country (England) and started domestic organizations to end Royal Authority. Many people opted to join the movement, thanks to the Association formed. Mobilization of the army and collection of suppliers began to take effect. The management of the Association was able to propel public concern into a revolutionary devotion.

The other reasons that the American Revolution took place is because of resource sharing. The British were known by taking resources such as minerals from the thirteen colonies without at accountability. Without the French assistance, the Americans would not have succeeded with their revolution because the Americans were not strong enough to fight the British alone. They had reliable and unlimited resources, as well as their army, were bigger and trained as compared to that of the USA. Thus, France supplied them with soldiers, Ammo and other resources needed. Despite the fact that the French assisted the Americans in bringing the British down, their biggest intention was to ensure the Royal territory was down as they were their enemies. Hence, the reasons why the Americans allied with the French to attain their revolution. This was another reason the American Revolution took place.

Despite the fact that the revolution movement was one of its own and brought various advantages to the people of America, not everyone was on its favor. This was evident in areas of varied ethnic cultures as well as those that were not liked the British Regime. The people of the middle colonies were unresponsive about the revolution (Young, 1976, p. 21). Amid those that supported change in the government framework or structure, not all who took part in the war favored violence. Members of regions, Quakers, and farmers from the middle and southern colonies opposed the use of force and violence and rather preferred compromise and discussion (diplomatic). However, the majority were in favor of the war. The unity amid the people was the main reason for their success.

Conclusion

Most of the revolutions that have ever happened in the world start with the eruption of violence that is caused due to extra demands from the government against its people. The American Revolution is an example of these revolutions. The congress was the leaders of the revolutionary war. This revolution was the first of its kind in history. The Americans demanded representation which the British denied, this prompted them to fight their colonizers. The Americans were able to set up their government after the war. Therefore, what was originally started to offer security for British Americans individual rights equal to the ones enjoyed by other Englishmen, this become the struggle for political independence. The revolutionary cause come from the challenge of legislative power. The will to have the power to manage their country started the revolution. The country gained independence from the England, and the United States was born.

References

Egnal, M. (2010). A mighty empire: The origins of the American Revolution. Cornell University Press.

Hobsbawm, E. (2010). Age of Revolution 1789-1848. Hachette UK.

Young, A. F. (Ed.). (1976). The American Revolution. Northern Illinois University Press.

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Exchange-Trade Fund

One may wish to understand what passive trading or active trading may mean in the stock exchange. Exchange-traded fund (ETF) is closely related to passive trading, and it refers to an investment fund that is majorly traded on the stock exchange market just like many other stocks. An Exchange-traded fund is in hold of assets such as commodities, bonds, trades, and stocks that are closer to the net value of the assets in the progress of trading day. Most ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. In order to understand Exchange trade fund properly, a comparison between currency of two nations namely Turkey and USA has to be carried out because both are developed countries and have almost similar expenditure values. The comparison will be done based on a five year period that ends in 2010. USA and Turkey are both developed countries but have different economy. The difference in economy can be reviewed through the use of Exchange-traded fund (ETF) .Additionally, various forms of ETFs which include Dow Jones Istanbul 20 (DJIST), Non-Financial Istanbul 20 (NFIST), Smaller Companies Istanbul 25 (SMIST), and Istanbul GOLD ETF (GODIST) will be considered while trying to understand ETF in the two countries.

The authorized participants, comprising of large broker-dealers that have ensued various agreements with exchange-traded funds distributor, are basically engaged in buying or selling of ETF shares directly to or from the ETF. Turkey and the USA buy or sell the ETF either directly from the fund company or through the use of a broker. This can also occur in creation units, “which comprise of large segments of several ETF shares that are normally exchanged duly with baskets of underlying securities” (Wiandt and Will 37). This means that the eligible participants may opt for long-term investment in ETF shares mainly due to its high return rates and global recognition. Indeed, they play a bigger role in the open markets during the process of market making. This is mainly through the utilization of their ability towards exchanging the creation segments with their varying forms of securities. This hence provides a wide range of ETF liquidity in terms of its shares, thus assisting in ensuring that the net asset value of all the underlying assets are approximates of their intraday market pricing values.

Trading can be rated in terms of net asset worth, with the traceability element of a closed-end stock, which trades all along the trading period at prices that might seem to be less or more than its general asset value. Wiandt and Will claim that, “Closed-end funds are not normally considered as ETFs, although they are certified funds and should be transacted on the exchange basis” (Wiandt and Will 39). Therefore, ETFs have been in existence in US since 1993. ETFs customarily had been in the form of index funds until 2008 when the U.S. However, “Securities and Exchange Commission authorized the establishment of actively managed exchange-traded funds” (Wiandt and Will 40). All in all, ETF combines the valuation aspect of a unit investment trust or a mutual fund. These can either be sold or bought at closing stages.

The value of Turkish currency (TUR) versus the US dollar has a little variation which can be evaluated by comparing the two currencies. For the past five years, the rate of US dollar versus the Turkish Lira has remained at an almost constant rate of 1.00 USD being equivalent to 2.23651 TRY. This little variation is mainly because the Turkish economy is currently regarded as one of the most emerging global economies. Turkey received momentum in its economy as a result of fuelling in of cheap credit into its growing construction industry by foreign investors who sort after emerging markets. Both the US and the Turkish economies seem to be growing at a higher rate. However, the US economy is at a much higher level compared to Turkish economy because there is massive action towards forward guidance, credit easing, and the simulative fiscal policies with the policy mix whereby many conservatives decry as being the ultimate lead to an inevitable higher inflation. However, high inflation is what has made US thrive well as compared to other economies such as the Turkish.

As an emerging economy, Turkey has got various notable Exchange –trade funds. Some of these ETFs includes; Dow Jones Istanbul 20 (DJIST) considered as the first exchange-traded fund, Non-Financial Istanbul 20 (NFIST) which is considered as the secure sector Turkish ETF, Smaller Companies Istanbul 25 (SMIST) which is a first style Turkish ETF, Istanbul GOLD ETF (GODIST) that is traded with regard to gram indistinguishable shares, and even FTSE Istanbul Bond ETF (FBIST) that is considered as the first firm remuneration both in Turkey, and the entire Europe (Hiriyappa 67).

The most explored exchange trade fund in Turkey is the DJIST since it allows investors to acquire proper exposure to the major and most liquid blue-chips that are listed on Borsa Istanbul. DJIST ETF can be transacted on the Istanbul Bond Exchange (BIST) just like other stocks and can even be sold and bought through any brokerage house or licensed bank. DJIST shares are easily obtained through the BIST. This has mainly been because there are well-set protocols that are meant to ease the transaction whereby, protocols, as referred, include implementation of Takas-bank system, which is a form of Economic Traded Fund. It bases its ideology on a liquid index that can ease favorable realizations even if there exist infrequent trades of the ETF. Also, institutional investors using only a single transaction, gain exposure to the Turkish Capital Markets. The other factor is that, it is considered as the first and leading Turkish Exchange-traded Fund. DJIST also offers the institutional investors with the sole ability of acquiring exposure to the entire Capital Markets of Turkey just with a single transaction. On this note, DJIST has got 20 largest liquid stocks all in the BIST. All in all, DJIST shares are easily obtained through the BIST.

Conversely, DJIST offers diversification since it comprises of the prevalent and most liquid Turkish blue-chips that are easy to trade with. Dow Jones Istanbul 20 ETF hence plays a role in minimizing the risks and uncertainties that are imposed by single stocks. It makes company risks as well as liquidity to be more manageable because it can be used in diversification of the entire form of portfolio and/or comprehensive investment policy as a major holding.

 DJIST allow investors to venture in twenty stocks once and for all instead of just investing in a single stock thereby reducing more risks and uncertainties, hence initiating higher stock market returns in. Additionally, this Turkish exchange traded fund uphold transparency to a greater extent because, it is a trading trend is subject to publication on its extensive website every trading day, hence enabling investors efficiently keep track of their daily investments (Lerman 54). The trading portfolio or trend has to do with the market exchange of TUR against other global currencies, including the Dollar. Finally, the aspect of continuous pricing of its shares on the BIST has led to the success of DJIST. Intraday NAV also are issued by the manager almost every 15 seconds of BIST trading hours. This hence allows investor to amass intra-day liquidity. Therefore, efficient and effective intra-day pricing ensures reduced deviation from the fund’s Net Asset Value.

Compared to other global economies of the developing or emerging economies, “the Turkish economy seem to be booming in relation to the exchange value with some of the leading currencies, for instance, the US dollar” (Lofton 46). Consequently, for the past five years or so, the Turkish Lira has tried to maintain its constant rate against the US dollar ranging between 1.978 and around 2.456. This owes to the acceleration of the industrial output of Turkey, assisted by strong growth in the export sector, as well as the booming construction industry witnessed within the stated years. From the analysis, this has been mainly boosted by its emerging trends in terms of the virility of its exchange-traded funds (ETFs) in the stock and money market. Being the most efficient and effective investment funds that can hold assets such as bonds, commodities, or stocks, and being traded on stock exchanges; exchange-traded fund (ETF) has been very attractive to investments simply because of their tax efficiency, and low costs that has currently made them more popular and lucrative in nature.

In conclusion, as evident, ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. However, ETF varies from country to country evident through the comparison of currency of two nations; Turkey and USA. Touching on the Turkish Lira against the US currency, the main factors, which had to be considered in terms of such valuation, had to do with this aspect of exchange-traded funds simply because they are the main determinants of the country’s currency value, and the global recognition. Though, regardless of the efforts that are being exerted by Turkey, the US currency has still maintained its value since they have also got well-established stock and money market systems.

Work Cited

Hiriyappa, B. Investment Management: Securities and Portfolio Management. New Delhi: NewAge International (P) Ltd., Publishers, 2008.

Lerman, David. Exchange Traded Funds and E-Mini Stock Index Futures. New York: JohnWiley & Sons, 2001. Print.

Lofton, Todd. Getting Started in Exchange Traded Funds (efts). Hoboken, N.J: Wiley, 2007.

Print.

Wiandt, Jim, and Will McClatchy. Exchange Traded Funds. New York: Wiley, 2001.

Exclusion of Evidence- Cases and Legislations

Author

Institution

Introduction

The judiciary is one of the most fundamental institutions in any country. It is charged with the responsibility of defending, as well as upholding the constitution and ensuring that the rule of law has prevailed. It is worth noting, however, that a pervasive aspect of the role of judiciary at each level is safeguarding every person’s human, legal and constitutional rights. In instances where a court attempts to settle a dispute, it is charged with the responsibility of determining the facts pertaining to the case. This is usually through adducing the evidence that the contestants, from which it will determine the laws applicable to the circumstance or controversy (Wolchover, 1986). As an interpreter of the laws of the land, the judiciary is expected to safeguard the fundamental legal, human and constitutional rights through examination of the evidence. The evidence, in this case, may be in the form of physical items found at the scene of crime, the statements of the accused, witness or victims, testimonies from experts or even law enforcement agencies (Wolchover, 1986). However, the admissibility of evidence is never automatic. There are instances where evidence produced in a court of law may be excluded during the determination of the case. This is the situation in the case provided.

The 32-year old man charged with rape was interviewed by a detective. He initially admitted to the crime but later retracted his statement saying that he made the admission as he was under coercion by the arresting officer. In addition, he has stated that he was not subjected to a medical examination and was suffering from withdrawal symptoms at the time resulting from his drug addiction.

The key reason as to why statutes or rules limit the admissibility of evidence is to ensure that the accused individuals is accorded a fair trial that is only based on reliable and factual evidence (King, 2002). It aims at ensuring that the innocent are not convicted and that only guilty individuals are convicted. In the case presented, it is imperative that one determines whether the human, legal and constitutional rights of the defendant were infringed upon, or whether the law enforcement agencies acted in a manner that would render the testimony of the defendant inadmissible in a court of law.

Rule 95 of the Statute of the International Tribunal and the Rules states that evidence would be inadmissible in cases where the methods through which it is obtained would cast significant doubts pertaining to its reliability or in instances where its admission would be seriously damage and be antithetical to the proceedings’ integrity. This statement is complemented by S90 of the Evidence Act of 1995, which gives discretion for the exclusion of prosecution evidence in instances where the circumstances under which such admission was made would be unfair to the accused individual (King, 2002). This is the same case for S135 of the Evidence Act of 1995 which states that the court would have the discretion to exclude evidence in instances where its probative value has been significantly outweighed by the danger that that evidence would be unfairly prejudicial to one of the parties (Allen, 2012). This is not a simple fact of the evidence advancing the prosecutor’s case or even rendering the defense case weak, rather it underlines the fact that such evidence would destroy the case of the defendant in a manner that is deemed unacceptable and prejudicial (King, 2002). This is the case for the 32 year old man. As much as the prosecution may want to bring in the self-made confession as evidence in the court, the technique through which it was obtained is questionable. The defendant has stated that he made the confession under duress from the arresting officer. Given the arresting officer’s history of assaulting individuals, it is highly likely that the same was done to the defendant in this case. The evidence so obtained would, therefore, be inadmissible due to this impropriety. Scholars note that constitutional provisions pertaining to such impropriety extends to actions which, although not unlawful or criminal, are clearly or quite inconsistent with the minimum standards that the society requires or expects from individuals who are entrusted with enforcing the law (Allen, 2012).

On the same note, given the duress that he alleges during arresting interviewing and making the confession it is logical to conclude that the defendant was not given the option of having his counsel present. This is contrary to Rule 42B (Rights of Suspects during Investigation) of the Statute of the International Tribunal and the Rules. It states that the suspect shall not be questions in the absence of a counsel except in instances where the suspect, by his own volition, waives this right (Khan et al, 2010). In instances where the suspect has waived the right, questioning would cease if he expresses his desire to have counsel and resume only after the suspect has been assigned or obtained counsel.

This was the case in The Prosecutor V. Zejnil Delalic, Zdravko Mucic A/K/A “Pavo”, Hazim Delic, and Esad Landzo A/K/A ‘Zenga” of 1997. In this case, the defense for the accused, Zdravko Mucic outlined that there had been serious violations of the constitutional rights of the accused during the investigation and interrogation. In this case, the defense objected to the admission of a confession that the Austrian police had obtained from the accused stating that the man had been extremely tired (Khan et al, 2010). This part was built on the admission of one of the interviewers named Mr. Moerbauer that he was extremely tired at the end of the four hour interview. Considering that the interview was conducted by five individuals who would move in and out of the room, a luxury that the accused did not have, it goes without saying that he was extremely exhausted (King, 2002). This was considered coercion by the interviewers in which case the court ruled that such evidence had to be excluded from the case. This ruling can be applied to the case at hand where the accused confesses that he was suffering from withdrawal symptoms from his drug addiction. Needless to say, he was in no position to make a confession in a fair manner, in which case the admission of such a confession would be prejudicial to his rights as an individual (Khan et al, 2010).

In conclusion, the judiciary makes decisions in cases based on evidence presented in the court. However, the evidence may be inadmissible in varied instances. This is the case for the 32-year old man accused of rape. As much as the prosecution has brought in a confession from the accused admitting to the crime, it is worth noting that the defendant made the confession under duress. He was assaulted by the arresting officer, an individual who has on previous occasions been accused of assault. In essence, the confession cannot be admissible in the case especially considering that the defendant was not subjected to a medical examination before being interrogated. This was a violation of his legal, constitutional and human rights, which raises doubts as to the authenticity of such a confession.

References

Allen, C (2012). Q&A Evidence 2011-2012. London: Taylor & Francis

King, M.T (2002). Security, Scale, Form, and Function: The Search for Truth and the Exclusion of Evidence in Adversarial and Inquisitorial Justice Systems, 12 International Legal Perspective. 185, 218

Khan, K. A. A., Buisman, C., & Gosnell, C. (2010). Principles of evidence in international criminal justice. Oxford: Oxford University Press.

Wolchover, D. (1986). The exclusion of improperly obtained evidence: With special reference to the Police and Criminal Evidence Act. Chichester: Barry Rose.