Difficult Emotion Process

My friend and her boyfriend broke up months ago and I also got affected with the break-up because I’ve also become friends with the ex-boyfriend. My friend has started to see other guys and the ex-boyfriend is seeing other girls too. The thing is, the ex-boyfriend, although he is dating with other girls, isn’t over my friend yet and he is using me as his bridge to his ex-girlfriend. That is fine with me. My role would be to update the ex-boyfriend with how the girl is doing.As a friend, I had become a confidante of the girl and she would tell me all so I know that the girl is really over her ex-boyfriend and has started to like the guy he met in one of her Chemistry class. Then, being a friend of the ex-boyfriend, I have learned that he constantly thinks of my friend and still hoping that they could come to reconciliation and eventually get back together. I thought that the ex-boyfriend should know that there won’t be a second chance between them. I have already given him the idea and then, he wanted me to tell everything about what I know of his ex and the current of his ex.I did and this made him confront the ex-girlfriend. Now, my friend is upset at me. Part of me felt guilty and the other makes me think that I shouldn’t for I am just being a friend to both of them. 2. I’ve thought about our friendship and I felt horrible of how it is right now. I felt it’s shouldn’t how friendships should end and I’ve thought friendships shouldn’t be ruined like that. Being in the same school, we can avoid passing each other but we can’t avoid seeing each other. On our free time, I asked her if she wanted to talk and she said yes.Maybe, she felt the same as I did and maybe, she also wanted to talk about it. I think she misses me too! I told her that I regret not having to explain to her right away and that we ended not talking to each other. I explained to her that I felt guilty about having to disclose h er dating with another guy to her ex-boyfriend, but, I think as a friend to her ex, I should help him move on and by telling him about her new guy this would make him think. I also told her that I think she should also tell this to his ex so the ex could start moving on.I said that when she got upset, I also felt the same towards her because I couldn’t understand why she would feel like that and I couldn’t sleep thinking of what she is thinking about me. I said that I also had second thoughts of telling it all to the ex. I also told her that I felt I do not deserve the cold treatment I’ve been receiving from her for days because I think I did the right thing to help the ex and that will not do her any harm and that there is no point of keeping the dating in secret from her ex.And if she felt that I’m not supposed to befriend the ex, it isn’t right. I told her that I wanted to get things back the way it was before all those things happened. 3. Iâ₠¬â„¢ve had confrontations before and every time it is so difficult to go through. I watched her reactions and I saw that she is also saddened. She was listening intently. When it came to the part where I told her of how I do not deserve her kind of treatment, she covered her face and started to cry, but she kept on listening. I think I did all the talking at our conversation.She was so quiet. It was really awkward. I thought, at that moment, I was hurting her. Just to end the silence, I asked her if she wanted to buy a soda. She turned to me and said she missed me. I don’t know if things between us is really okay right now, but maybe it would. I hope it would. Maybe later we could try fixing things. I think what’s important is that we start talking to each other again. Later, I would try to talk her through trusting each other again. 4. The skill was useful, although I wasn’t perfectly sure if I followed it all.But it reminded me of many points that would help m e and it did help me. The timing was perfect, I wasn’t telling any non-sense that could have hurt her more. I think it helped me make my friend understand how I felt. I was so cautious with my words and because I know her well, I know which words could hurt her and which won’t and how I should tell her. I just know how she would take things based on how it is being delivered to her. I didn’t get much response from her at that time, but, later, she’ll talk.

FIFA World Cup 2014 In Brazil Essay

In 2014 Brazil will host one of the most important competitions for the sports. It is the FIFA world cup. It will be the 20th official FIFA world cup and it will happen between June 12 and July 14 of 2014. This is the 20th edition of this competition and will be contested by the men’s national teams from the 208 member associations of the FIFA. Brazil will be host the competition for the second time. The first time was in 1950 right after the World War 2. The two world cups before the one in 1950 got canceled because of the war. Seventeen cities showed interest in being chosen as world cup host cities, but usually FIFA only approves 8 to 10 cities so they ended up choosing 12 cities in 12 different states. The final game will happen in Rio de Janeiro at the Macarana stadium. The opening ceremony was supposed to happen at Sao Paulo’s football club stadium but technical problems wouldn’t allow it so a brand new stadium will be built just for the world cup. Rio de Janeiro is one of the most popular cities and is the second largest cities of Brazil, containing 6.3 million people and it is very famous for the samba, carnival and the Christ of Redeemer. Maracana is their principal and biggest stadium. It was built for the world cup in 1050. It was renovated in 2006 and fits 82 000 people but in the days it used to fit almost 200 000 people. Sao Paulo is also a popular city. Sao Paulo is the largest city in South and Central America. The population use a lot of public transportation because cars are v ery expensive and there is a lot of traffic. Sao Paulo is known as the â€Å"motor of the economy† because a lot of big companies has their bases in Sao Paulo.

3rd Economics Commentry : International Trade Essay

The European Central Bank (ECB) is employing a new system of monetary policy which now it directly purchases government bonds from the Spanish and Italian governments. The objective is to lower interest rates on Spanish and Italian government bonds, which theoretically should show private investors that the two countries are financially able in returning their money thus decreasing the rising pressure on interest rates in the Eurozone, a dilemma threatening to counter the current torpid recovery from the 2008 and 2009 recessions. Monetary policy is a term for the manipulation of the interest rates and money supply by the Central Bank of a country, managed to either decrease interest rates (expansionary monetary policy) or increase them (contractionary monetary policy). In hope of shifting the Eurozone economy closer to its full employment level, the European Central Bank currently is purchasing European government bonds proficiently boosting the money supply of the euro. If effective, the ECB’s â€Å"quantitative easing†[1] should reallocate loanable funds towards Spain and Italy’s private and public sectors as a result of lower interest rates on government bonds. The increase in supply of loanable funds should bring down the interest rates for private investors (households and firms), making private investments more appealing. The purchase of bonds by the European Central Bank makes it inexpensive for Spain and Italy to borrow money, lowering the interest rates on their bonds, returning international investor confidence, who may possibly be more agreeable in saving their money in Spain and Italian banks. The influx of loanable funds into these economies (rise in the supply of loanable funds from to ) should decrease the real interest rate reassuring a greater number of firms to invest in capital goods and households to fund the consumption of a higher number of durable goods, pushing aggregate demand (AD) to the right (increase) returning the economy of the Eurozone to its full level of employment of output (represented as a shift from to in the right hand side graph). Though usually monetary easing like this should result in inflation, it is unlikely given the European’s large gap in output (illustrated as the distance between and the full employment level of output shown as a dotted line). An increase in AD should result in an increase in output however insignificant inflation as a result of the excess capacity of the factors of production within the European economy. An expansionary fiscal policy would prove impractical for Spain and Italy aiming for full employment as the increase in reluctance over their deficits and debts has triggered amassing borrowing charges from the private sector. The ECB as Krugman debates should carry on playing a growing part in the development of credit to cash strapped European governments; with the intention of preserving low interest rates to prevent the crowding-out of private spending’s. The problem of inflation in Europe’s current recessionary atmosphere should be a rather miniscule concern. It is only when the confidence of private sector stakeholders has returned (a circumstance requiring small borrowing cost) will private sector spending recommence and the economies of the euro may begin generating employment and increasing their production again. In the short-term, Italy and Spain should take profit from the ECB’s bond-buying initiative, and make significant, productivity-enhancing funding’s in infrastructure, schooling and job training. The states of the Eurozone must become more competitive with those of Eastern Europe and Asia if they optimise to economically grow. In the medium-term, the Eurozone nations must exhibit a promise to fiscal limitation and more stable budgets. Eradicating loopholes that permit industries and prosperous consumers to evade paying taxes is imperative for example. In addition, rising the age of retirement, economizing on social welfare programs and raising marginal tax rates on the highest income earners should all visibly communicate the message to investors that these countries are indeed dedicated to fiscal restraint. As a result, their dependency on European Central Bank lending’s will deteriorate and private lenders will once more be keen on buying government bonds from the Eurozone at lower interest rates, permitting constant advancement in the private sector.

International Relations Essay Example | Topics and Well Written Essays - 500 words - 2

International Relations - Essay Example Bush found a just and highly moral cause for his war – protecting the nation against Muslim aggressors via disarming the enemy and bringing democracy and freedom into a dictatorial regime state. However, consider the pure definition of a just war. Brahimi does provide the features of a ‘just’ war. However, as for me, the who concept of the ‘just’ war makes no sense. The reason is the fact that no matter what war it is, whether a nuclear, or a bacterial, or a financial, or whatever kind or war, war is never a just thing because while politicians and the elite argue around a piece of land with diamonds, for instance, the innocent die. On the other hand, according to Brahimi Concept of just war – war can’t be just. Both Bush and bin Laden see their wars as just – both are justifying violence. Similarly, a concept of preventive war does not make much sense either. Preventing against war? What people are doing these days, I think, is j ustifying their desires. I want to own that lake of oil, let’s say†¦ Well, my nation, let’s kill our neighbors – their oil is what belongs to us. Nowadays, however, the war slogans and propaganda sound more sophisticated – the willing parties make people believe in the need for their actions.

Letter to Prime Minister for the Problems Faced by a Chinese Immigrant Essay

Letter to Prime Minister for the Problems Faced by a Chinese Immigrant in Canada Before 1885 - Essay Example Dear Prime Minister, I am writing this letter as an immigrant worker and an affiliate of Chinese community to appeal for investigation and resolution of the problems, which we are facing as Chinese immigrant’s workers. I speak not just for myself but also for my Chinese brothers and sisters who have taken a great role in building this country. In the letter, I will also mention the happenings of the past few years that have resulted in alienation and increased suffering of Chinese living in Canada. Since our migration into Canada, life has been unbearable and we feel unwelcomed not just by Canadian citizens but by the Canadian government. We as Chinese community feel like the Canadian government is using us for their own good while we suffer silently. I am a young Chinese male, currently working in the Pacific Canadian Railway construction though I have done some other menial jobs. I thus have a clear understanding of the extent to which the Chinese migrants are suffering. I am a Chinese immigrant from Guangdong. Right from our entry into Canada, we were welcomed with a lot of hostility. It was inauspicious to be referred to as ‘sojourner’ or temporary workers while some of us were settlers. Some Canadians might have come as temporary workers, but even those who have been here for generations are not excluded from the tortures we undergo. Irrespective of the much risk we undertook to build the Canadian Pacific Railway, our efforts have not been rewarded or appreciated. Your government started portraying hostility towards us when they realized we were almost about to finish the railroad. We know that they fear that we might settle here permanently but we deserve better. We have to do the menial jobs irrespective of out competent skillfulness. I feel like I and my fellow Chinese have persevered enough discrimination and personal attacks. I do not understand why we have to pay extremely high head tax while our work is meant to benefit the Can adians and their government. I might have excused the Canadians for mistreating the first Chinese arrivals but it has been almost a whole century since then and we are still facing the difficulties they faced. I left Guangdong to escape poverty and I find it disheartening to continue suffering irrespective of the hardships I have to undergo as a railway worker to get my daily bread. Being treated as an outsider or an alien is disheartening. Chinamen or non-British alien is the name used to refer to us from Guangdong. This is discriminative and a demonstration of extreme racism, which I believe, you are opposed to. I have been a worker in Canadian Pacific Railway (C.P.R) for over a decade and I feel its time your government acknowledged that we are part of Canadian community. You must have noticed the increasing agitation as we near the completion of the C.P.R. Chinese constructors are being attacked and killed often and no measures have been taken to curb this. I fail to understand why the white, black, and native workers are paid two to three times our wage while we do similar and at times harder works than them. I agonize every day as I watch my brothers sleep hungry and come to work every day. Others die while planting explosives along the railroad construction site. I happened to work at the area near Fraser Canyon, which was the most difficult part of the construction. It was evident that the Chinese who were being paid the least wages comprised the majority of the team working in this site. Countless of them died while planting explosives or digging tunnels. Although we as Chinese rail workers are paid the least wages, we have to pay for our cooking and camping gears while other workers are provided for the above freely. Irrespective of our great role in improving the Canadian economy, we have been denied the right to vote. Additionally, were have been alienated from the political community. The move to form our own community was

With reference to schizophrenia, how effective is the DSM-IV-TR as a Essay

With reference to schizophrenia, how effective is the DSM-IV-TR as a diagnostic tool - Essay Example Unfortunately, there are no laboratory tests that can diagnose this problem and distinguish from other such problems such as bipolar disorder. For this purpose the American Psychiatric Associations have formulated a manual that can be used by a physician for diagnosis to assess their emotional past and current symptoms. The Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, Text Revision (DSM-IV-TR) is the manual used to diagnose mental illnesses. It was first published in the year 1952 by the American Psychiatric Association. This manual has been revised several times, and presently the latest version is referred to as the DSM-IV. The general content of the manual is a list of clinical entities that have been built up and defined by psychiatrists, psychologists and doctors. In fact these people have gathered together to bring out the lists of criteria especially the common signs and symptoms that need to be present for a particular diagnosis to be assigned. This manual uses a multi-axial system of classification. In other words diagnoses of mental illness are made on several different axes or dimensions (Wikibooks, 2008). Diagnosing schizophrenia is hard since there is no single symptom which is exclusive to schizophrenia and there are no perfect tests for the disorder. There are two major systems presently used for the diagnosis of schizophrenia, the Diagnostic and Statistic Manual of Mental Disorders and the International Classification of Disease. In general, the diagnosis of any kind of psychological disorder requires evaluation by a trained mental-health professional. This in general is carried out through a systematic interview. Administration of array of personality tests that can even include in some cases, neuropsychological tests, and gathering of background information about the

The equality of American public education Essay

The equality of American public education - Essay Example On the other hand, schools which cater to the needs of the influential class students possess and provide abundant opportunities to the students regarding placement in advance courses. Although the immediate effect of such discrimination may not be evident; the long term consequences may be observed in the form of heightened professional success among the privileged students, since such courses prepare them in professional terms (Klugman   1).   Ã¢â‚¬ËœCulture’ as a tool to describe all problems related to achievement gap has become widely accepted among the vast majority of teachers who interact with students of color on daily basis. Although every individual, whether white or black possesses a cultural background; the notion of ‘culture’ is considered associated only with the deprived classes of the society. This may be considered an extension of the teacher’s self-esteem issue, since it is quite common for teachers to associate culture with everythin g that is non-white. So, instead of looking for the real explanation that lies behind the achievement gaps, white teachers are more inclined towards labelling it a ‘culture’ thing which therefore has either ‘no cure’ or needs a ‘prolonged therapy’. It has become extremely common to associate culture of poverty to the achievement gap that is evident among students. Although the reality that lies behind such gaps may be puzzling and in some cases difficult to determine, the common path chosen to explain such gaps is the over-simplistic approach.

Book review Essay Example | Topics and Well Written Essays - 3000 words

Book review - Essay Example Rotman School of Business at the University of Toronto. Don Tapscott’s Grown Up Digital (2009) examines the life of people who have grown up in the digital age. Tapscott’s idea for the book initially arose in the 1990s after viewing the rise of internet technology within his own family. He realized that the current generation is demonstrating proficiency with the internet and digital technology which the past generations can’t keep up with and this is making them notably different from these past generations. As a strategic business analyst he realized that it would be important to gain an in-depth understanding of this phenomenon, so he commissioned a large scale study to investigate the issue; the book is comprised from information the study found and personal insights from the author. One of the foundational assumptions of the book is that the defining characteristic of the post-Generation X generation is the overwhelming influence the world-wide-web has had on their lives. In characterizing this influence, the author deems this generation the Net Generation (refusing to settle on the often used Generation Y moniker because it ignores the highly individual characteristics of this new generation). According to Tapscott, the Net Generation spans from 1977 to 1997, including even more births than the Baby Boomers. Indeed, they have been deemed the Echo Generation in response to the Baby Boomers’ initial post-war explosion. One of the major tenants of the research is that because of the current explosion of the internet, the world has become a much more integrated place. Since globalization has progressed to this degree the research necessarily focused on international elements as well as those within the United States. John Geraci, the project manager of the research, stated, â€Å"For the first time ever, we can speak of a worldwide youth generation† (Tapscott, pg. 23). As a result, the research included twelve countries,

Racism in the World and how is reflected in the Movie Hotel Rwanda Essay

Racism in the World and how is reflected in the Movie Hotel Rwanda - Essay Example Many factors can contribute themselves to racism and racial discrimination. Racism is always a product of inequality – whether it is cultural, economic or personal. A probe into history reveals to us how many countries and races have considered themselves superior to others and looked down upon others with scorn, contempt and hatred feelings. We know how Adolf Hitler and his belief that the Aryans are the best and most superior race in the world has caused a lot of violence, unrest and anti-humanitarian actions in the past. It is also advisable to bring into mind how the Negros in America and South Africa suffered various setbacks due to racial discrimination. Racism is a product of marginalization; the marginalized and suppressed races or communities strive themselves for existence, whenever they come to the realization that they had been suppressed and oppressed and their own individual human rights and that of the race are very adversely affected and endangered. The only po ssible solution to racism is the understanding that there is only a single race. There is no superior or inferior in the society; every individual equally deserves respect, humanitarian concerns and the opportunity to develop his/her potentialities irrespective of what race or culture he/she belongs. The issue of racism has something to do with culture and education. There are many who believe that the issue of racism is a cultural phenomenon and that effective education and the promotion of various ethnic identities can create better understanding and respect for others in the minds of people. â€Å"Racism has always been both an instrument of discrimination and a lot of exploitation. But it manifests itself as a cultural phenomenon, susceptible to cultural solutions such as multi-cultural education and the promotion of ethnic identities.† (Shah, Anup 2004). In the past many have tried to bring the issue of racism into light through literature, art, science

Right-to-die Essay Example | Topics and Well Written Essays - 750 words

Right-to-die - Essay Example Some of the ways through which this can be achieved is by assisted suicide. This is the main focus of this research. This entire issue of ending one’s life is one that has elicited a lot of debate in the modern times. The major reason that has sparked this debate is just because at the center of this issue is that it is a person’s life that is in question. There are proponents of both sides. There are the individuals who are for the idea with the thought that issue of mercy-killing is morally acceptable. In fact what is being said is that there is a right to death. The example of such proponents might be seen in the members of Voluntary Euthanasia Society of Scotland. At the same time there are those proponents who are totally against this whole issue of this type of life termination. These individuals are of the opinion that the taking of a person’s life is unacceptable under any circumstance. In some cases, it can be said that suicide is acceptable, only that i t has not been put up in the books of law. However, the issue of doctors assisting the patient to commit suicide is a whole story altogether (Whiting, n.p.). One of the major opponents of the whole euthanasia issue since time immemorial has been the Catholic Church. There are some very few countries which permit euthanasia. However, this is under very specific circumstances. An example of such a circumstance is when a person is in excruciating pain. However, even though these few circumstances may allow for mercy-killing, there has to be sufficient evidence to furnish this sort of action (Manoj, n.p.). It is also important to note that there are those countries that are adamant in acceptance of this issue, regardless of the state of the patient. An example of such a country is Japan or even Columbia. What happens in these countries is that the patient is just left to be in the state in which he or she is in until his or her body eventually gives in. On critical examination of the po sition that is held in this case is that there will be the questioning of whether the right action has been taken. Would it be right to kill the person with the intention of helping them avert the pain that is associated with their current state or would it be logical and in order to let the person be in that state of pain in their deathbed (Whiting, n.p.). These and many others are some of the questions that leave people at crossroads when the issue of euthanasia pops up in forums and discussions. In the United States for example Euthanasia is not acceptable in all the states. This is under the homicide law. According to Wisconsin Laws, the act of mercy-killing is not acceptable in any way. So despite of all these arguments are there any good things or benefits that are associated with the act of euthanasia? Well the so-called benefits that are associated with this practice are also under question. The first benefit that is brought forth in this connection is that it alleviates the sick individual from the pains and troubles that are associated with his or her ailment (Manoj, n.p.). Another benefit that may be seen in this case will be realized by the family and friends of the patient. This is because it will save them on the health costs that they have been incurring for the purpose of taking care of the sick individual. In this same relation it is argued that the resources that are used on the person who is terminally ill could

Research on behaviour of children with stay at home Essay Example for Free

Research on behaviour of children with stay at home Essay It is a personal and specific decision that has its perks as well as its pitfalls. Advancements in womens rights in the workplace have encouraged women to acquire higher paying Jobs. However, recent research suggests that more women are choosing to stay at home. It is not because of a lack of education or opportunity; they simply dont want to have someone else raise their children. A study by the National Institute of Child Health and Human Development (NICHD) in 1999 found that the more hours a child spent at a non- maternal care before age 5, the less positive the childs interactions with his/her other will be. Two studies published in 2003 conducted by the NICHD found that children in day care had higher levels of stress and were more aggressive than those cared for at home by the mother. There are millions of children, however, who have working mothers and who grow up to be responsible, sucessful adults. Benefits for children raised by stay-at-home mothers. STABILITY: This is the main benefir for your children. Knowing that you are there gives your child stability. You are able to answer your child questions, dry tears, and offer support. In addition, you will never get those year back. They experience fewer emotional and behavioural problems in childhood: want to help ensure your children turn out to be happy and socially well adjusted? Bond with them when they are infants. Thats the message from the university of Lowa, USA, which found that infants who have a close intimate relationship with their mothers are less likely to be troubled, aggressive or experience other emotional and behavioural problems when they reach school age. Bonding with your child has proven to help in a childs mental and emotional development. Consistency: Your children can rely on you. They can trust the consistency on the way you run your household. Being consistent with mealitimes, Chores, baths, and bedtimes teaches children organization and discipline. They need this consistency to give them structure and routine in their lives. Quality time: All kids need quality time with their mothers. Quality time gives them the assurance of being loved all the time. Quality time also keeps your child out of trouble, which often stems from boredom. the memories they will have of you depend on this quality time

Inter-American system of human rights protection Essay Example for Free

Inter-American system of human rights protection Essay Human Rights are certain inherent, inalienable, immutable, inviolate freedoms and rights of man which no one can take away. These include the right to life, liberty, equality and dignity. The United States of America recognizing these rights established the Inter American system of Human Rights by adopting the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights. Pursuant to the adoption of these instruments the Inter American Commission on Human Rights and the Inter American Court of Human Rights were established to promote and protect Human Rights of individuals. PART A 1. It is pertinent to note that the Inter American Commission on Human Rights primarily seeks to promote consciousness about Human Rights amongst the people of the country. Its functions mainly include receiving complaints, analyzing and investigating them. It has powers of observation and collection of data regarding Human Rights violations in the member States. It can also visit on site and conduct seminars and meetings to promote awareness regarding Human Rights. When a complaint is referred to the Commission, it can after conducting its investigation and analysis publish a report and send it to the State. This report is recommendatory in nature and not mandatory. Hence the Commission can only recommend that the State take due notice of the human rights violations and take appropriate reparatory measures. In the alternative, the Commission can seek opinion from the Inter American Court of Human Rights. So also, in the present case, the Commission has no powers to enforce the law laid down by the State of Colorado but can only request the State to take precautionary measures so as to ensure that human rights are not infringed upon. 2. With respect to the second question, it is seen that as per Article 2 of the Statute of the Inter American Court of Human Rights, the Court has adjudicatory jurisdiction vis a vis a human rights violation brought before it by the Commission or any Member State of the Organization of American States. The said Article refers to Articles 61-63 of the American convention on Human Rights which clearly state that the Court can order the State to allow the human being to enjoy his human right and also order for either monetary or non monetary compensation for the injury so caused. Such an order passed by the American Court would be binding on the State. The provision further clarifies that in case an act or omission on the part of the State would cause irreparable loss to the person, the Commission can take such provisional measures to ensure that the irreparable loss is not caused. It would thus transpire that in the present case, the Inter American Court of Human Rights can enforce the law requiring the Colorado State police to arrest an individual disobeying the restraining order. 3. In the present case various provisions of the various human rights enactments are violated. The Commission can primarily seek to apply Articles 1, 5, 6, 9, 18 24 of the American Declaration of the Rights and Duties of Man. Article 1 of the American Declaration states that all persons have equal right to life, liberty, and personal security. Article 5 6 deal with a person’s right to protection of self as well as family. Article 9 talks about a person’s right to inviolability of home while 18 24 talks of fair trial and the right to approach the court for remedy. A brief reading of the petition tells us how each of these rights have been violated by omission to act on the part of the State. These clauses are applicable even if the United States have not ratified this Declaration. Further Article 11 of the American Convention on Human Rights which deals with a persons right to protect his honor and home and also gives him the right to seek judicial remedy in case of infringement is another provision that the Commission can consider and apply to this particular case. According to the Inter-American Convention on Forced Disappearance of Persons, a duty is laid on the State to punish those persons or their accomplices who commit the crime of forced disappearance of others. This clause has been violated by the husband of the petitioner who allegedly kidnapped their daughters and the police department can be held liable as they stood mute spectators to the whole thing. Article 7 of the Convention of Belem do Para (the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women) condemns all forms of violence against women and seeks to punish such persons who have committed such crimes by enacting proper laws and proper investigation. The Convention also requires that the State should enact and adopt such laws which will help refrain a person from committing such acts of harassment and also ensure that persons who are victims of such violence are given timely and proper hearing. This is a right guaranteed to all women and more so to women who are victims of domestic violence. The police in this particular case having full knowledge of the fact that the petitioner was a victim of domestic violence chose to ignore her pleas and thereby ignore this provision. 4. Prior to considering the kind of jurisdiction that the Inter American Court of Human Rights would have in this present case, it is necessary to list the basic kinds of jurisdiction available to the Court in general. Jurisdiction of the Inter American Court is broadly classified into– Provisional, Advisory and Adjudicatory or contentious Jurisdiction. In provisional jurisdiction, the Court has the power to act in situations that are grave and urgent and require immediate intervention without which grave harm shall be caused to the victim (Buergenthal, 1982, p.241). In Advisory Jurisdiction the Court can give its opinion on the various provisions of the Convention as well as other treaties and also opinionate on the compatibility of the domestic law with any treaty (Buergenthal, 1982, p. 242). In order to avail the adjudicatory or contentious jurisdiction is concerned, it is necessary that the member States subject themselves to the jurisdiction of the Inter American Court (Pasqualucci, 2003, p. 88). It is also necessary for the Convention or treaty in question to grant the jurisdiction to the Court. An illustration to explain this point would be that the Inter American Convention on the Prevention, Punishment and Eradication of Violence Against Women very clearly states that the Commission has only advisory jurisdiction and no contentious jurisdiction in respect of complaints filed under its provisions (Pasqualucci, 2003, p. 91). The jurisdiction clause also states that the Inter American Court cannot naturally assume the role of an appellate authority. It cannot make right any wrong decision of the national courts. However, if there is a gross violation of the human rights enshrined in any treaty and if this gross violation were to cause irreparable harm to the individual, then the Inter American Court may interfere and record that the proper procedures as laid down in the treaties were not followed. In the present case, the United States by virtue of having ratified the American Convention, has given people the individual right to approach the Commission for violation of human rights. However, this jurisdiction in advisory in nature and not adjudicatory as it has not yet subjected itself to the jurisdiction of the Inter American Court. Thus any person through the Commission can seek the advisory jurisdiction of the Inter American Court even if the Member State has not subjected itself to the jurisdiction of the Court (Buergenthal, 1982, p. 244) 5. Procedurally, the Commission on receiving a petition shall initially register it and see if it has complied with all the rules of procedure and if the petition does not comply then the Commission will send it back to the petitioner so as to ensure compliance. Once the petition conforms to the rules then the Commission shall then send relevant parts of the petition to the State for its response, for which the State is given two months time. However, in serious and urgent cases, the State is asked to respond immediately. This is done to ensure the veracity of the petition and to ensure that the petition still subsists. The commission may also require the State to present its observations on the admissibility and merits of the case at hand. Once the observations of the parties are submitted or the time period given to each party has lapsed, the Commission will verify the merits of the case based on the facts before it and decide whether to admit it or reject it. In the present case too the Commission should first satisfy itself as to the compliance of all the rules of procedure and then seek observations from the State and other parties concerned. 6. The Commission will then confirm as to whether the petitioner has exhausted all the available domestic remedies. However, in cases where the domestic legislation does not provide for due process of law or where the petitioner is refrained from pursuing domestic remedies then the above provision does not hold true. The Commission has to ensure that the petition before it has been filed within six months of receipt of the decision of the domestic remedy. In this case the petitioner has exhausted all the possible domestic remedies and has not been successful in the same. The Supreme Court of the United States has also rejected the petition of the petitioner and has passed its final judgment in the matter. The Commission should then decide on the admissibility of the petition by setting up a working group. In the present case, it is seen that the Commission has held the petition admissible. When the Commission finds a petition admissible it creates an admissibility report that is made public and the case is then registered and the parties are notified of the same. After the case has been registered, the Commission invites additional observations in writing from all parties concerned. A time limit for submitting these observations is set by the Commission. In some cases, the Commission can also convene a hearing to enable the parties to present their points of view. In this case too, the Commission has opened the case and the parties are informed about the same. Additional observations have been requested from the parties and the Commission has in fact convened a hearing. In this case, the United States government has responded by stating that it has taken proper and adequate measures to combat domestic violence and that the remedies in the domestic judicial system are adequate to tackle the problem. In the hearing the Petitioner will be able to present her case before the Commission in person. After hearing the case of both sides and also after going through the written observations submitted by both parties, the Commission will deliberate on the merits of the case and formulate a report. 7. The first document that the Commission publishes in response to a case is the admissibility report wherein it admits the case and registers it. This report has already been published by the Commission and has been sent to the parties concerned. The Commission has then convened a hearing on the issue and will deliberate on the case after the hearing. The next important document that the Commission publishes is the Preliminary report on the merits of the case. This report contains the preliminary observations and the recommendations of the Commission. 8. If the Commission feels that there is no violation, then the report is published and sent immediately to all parties concerned. In case the Commission feels that some provisions have indeed been violated then a preliminary report is made and sent to the State along with the recommendations proposed by the Commission. 9. In case the State complies with the recommendations given in the preliminary report, the Commission will notify the petitioner as to the same. However, in cases where the State does not comply with the same, the Commission can approach the Inter American Court for adjudication. However, in the present case as the United States has not subjected itself to the jurisdiction of the Court, the said remedy is not available to the Commission in case of non compliance. In the present case, the Commission should deliberate on the observations sent by the parties, investigate on site to determine the veracity of the facts, interview the various concerned individuals and then send its preliminary report to the State along with its recommendations. If the State fails to comply with the same within three months of it being sent, the Commission then has to issue a final report that contains its opinion, final conclusions and final recommendations. The Commission should then send it across to all parties concerned and make a note of it in its Annual report. The Commission should take active steps in terms of follow up to evaluate the actual compliance of the recommendations by the parties. 10. In this present case, if the Commission publishes its preliminary report wherein it holds that there has been violation of human rights and recommends certain precautionary measures to the State then it would mean that the petition has succeeded partially. By partially, it is meant that the violation has been recognized by the Commission. However, for the petition to succeed completely, the State has to comply with the recommendations given by the Commission. If the State refuses to accept the recommendations of the Commission, then the petition would have failed as the petitioner has not achieved any major reliefs but has only obtained a theoretical order that envisages the ideal situation vis a vis human rights.

Novating design team to a contractor

Novating design team to a contractor Synopsis Clients within the Construction Industry prefer to use the JCT Design Build Contract rather than other traditional procurements methods. Novation is a process that allows Clients to oversee the early stages of design development of a project and then transfer the responsibility for the design to a Contractor after the contract has been awarded. By transferring the responsibility to the Contractor through novation the Client takes minimum risk contractually while retaining an influence on project design from the initial stages. This process transfers maximum risk to the Contractor as he becomes responsible for all future design of a project and all past design completed up to the point of a contract being awarded, this includes any design errors. Both Contractors and Designers must work together closely on any design and build project, but particularly when novation has taken place. For a project to be profitable and be completed on time it is essential that there is a good working relationship between Contractor and Designer. Research to establish if the process of novation has an adverse affect on the working relationship between Contractor and Designer was conducted. The aims were to identify factors that may affect the working relationship of the two parties and to understand the opinions of both Contractors and Designers about what affect novation has on their working relationship. The objectives of the research were to highlight specific problems within the process of novation and recommend improvements to industry. To achieve this research in the form of a literature review, questionnaires and an interview with Contractors and a Designer was performed. The report recommendations are aimed at Clients to hold more pre-contract meetings with Contractors not just Designers, and understand the criteria a Contractor follows when appointing a Designer to ensure compatibility between parties when in Design and Build contract together. Acknowledgements I would like to express gratitude to the following people and organisations for their time, knowledge and support in assisting the in the successful completion of this research project: My final year Supervisor Dr Ron Craig of the Civil and Building Engineering Dept of Loughborough University, for constructive criticism and guidance throughout the process of developing the dissertation. HBG UK Ltd for using a lot of Commercial Managers, Design Co-ordinators, Legal Correspondents and Personnels time in completing the literature review and aiding in the data collection. The Commercial Manager of the second Contracting Company questioned The Architect questioned for his experience and opinions of the process of novation. Mr Andrew Moss for proof reading the final draft of this report and suggesting possible alterations. Chapter 1 Introduction 1.1 Introduction to Subject The Design and Build form of J.C.T contract (please see chapter 4.0) has become more popular with construction Clients that employ Contractors to construct new buildings and/or renovate existing structures. The Authors research has shown that the percentage of contracts tendered for under a Design and Build form of J.C.T has increased over the last five years. In conjunction with this the traditional form of JCT contract has decreased in popularity with Clients. In many cases the designs which make up part of the contract between the Client and Contractor, under JCT Design and Build, are completed by a Design Team on behalf of the Client before the contract between the Client and Contractor is made. To ensure that the Contractor who successfully tenders for a project retains the Design Consultant that the Client employed prior to the contract being made it is sometimes necessary for a Client to novate (please see chapter 5) the design team across to the Contractor. The purpose of this report is to investigate into the problems, if any, with the process of novating a design team to a Contractor from the Client and suggest solutions. This report will also detail the affects on the working relationship between the Contractor and the Designer, and how novation either aids or hinders the working relationship 1.1.1 Aims of Chapter One To introduce the Dissertation subject area. The reasons behind the investigation of this Dissertation. To outline the work carried out and a description of the contents of the Dissertation. Detail a well constructed hypothesis that the investigation will either prove or disprove. To outline a guide to the report, and introduce each individual chapter. To detail the aims of the report and the objective that must be achieved to meet the aims. 1.2 Rationale behind I nvestigation The interest into the investigation of Are there always problems with novating a design team to a contractor? came about after the Authors industrial placement. While working on site for a Contractor on a J.C.T. Design and Build contract where the design team was novated it became apparent to the Author that there were many differences of opinions between the Designers and the Contracting Company. The main items of debate and disagreement between the Contractor and the Design Team were the Clients requirements. In the Authors experience there was a large difference of opinion of how design changes and/or variations should be treated between the Design Team and the Contractor. Whilst profit-driven Contractor seemed to always look for the cheapest and most cost effective way of bridging any design problem; where as the Design Team gave the impression that they were more concerned about the aesthetics of the design and the Clients design opinions rather than the buildability and cost. Many design variations that were requested by the Client, or those forced upon the Contractor were not always as the Contractor had specified to the Design Team. The Contractor felt that his time was wasted by the Consultant not designing elements as originally specified. The working relationship between the Contractor and the Designer seemed to deteriorate from the project start date, until beyond the design completion stage. After the Author had asked other members within the Contracting Company about the novation of a Designer to the Contractor it became apparent that the relationship between Contractor and Designer was similarly affected on other projects. The Author had discussions with the Client of the project he was placed on. The Client stated that more building work was being undertaken using the J.C.T. Design and Build form of contract as this reduces the risk to the client and/or the person funding the project. The Author found that under Design and Build more risk was placed on the Contractor, and that management techniques had to change to appropriately manage higher risk projects. He also realised that as more contracts were being made under the Design and Build form of contract with the Designers being novated to work for the contractor a greater knowledge of the subject area would be beneficial to the Author in the management of Design and Build contracts. 1.2.1 Originality of Thought The Author had discussions with his Supervisor before commencing the research about the subject matter. A hypothesis was agreed upon that gave the Author scope to research areas of the process of novation in design and build contracting that have not previously been discussed in an undergraduates research project for the Supervisor. The process of novation being used in the design and build contract has recently become popular with Clients. The aim of the research is to establish if Contractors and Designers have not yet fully adapted to the change and improvements in the working relationship between the parties must be made to ensure that they remain competitive and profitable. 1.3 Subject Definition Novation is a process in which [1]a contract between party A and party C is turned into a new contract between party B and party C. This process can only be achieved if all three parties agree that novation can take place. A Deed of Novation[2] is commonly used to terminate a contract between parties A and B, and then create a new contract between parties A and C. There are standard legal documents, blank deeds of novation, which are available as downloads from the internet, for example at (www.citysolicitors.org.uk/legal_activities as of 28/03/06). A deed of novation has been used for many years before it became popular with Clients in the construction design and build context. It is used in the sale of manufacturing companies, where components made are used by other larger companies. For example, the purchase of a windscreen wiper company by a new owner whilst retaining the commitment to an existing customer car manufacturer. Novation has many other wider applications other than construction; Porsche in their latest brochure[3] offer a novated lease for their new motor cars. In this case an Employee of a company (the lessee) signs a lease agreement with Porsche (the lessor). A Deed of Novation, then supplied by Porsche, is signed by Porsche, the Employee and the Employer. This then transfers the responsibility for the payment to the Employer. Novation is used in a construction context where the relationship between two parties has developed over time and the introduction of a third or new party is necessary. There then needs to be provision to contractually protect the existing parties in the relationship. 1.4 Report Intention The intention of this report is to investigate how the working relationship between the Contractor and the Designer novated to the Contractor from the Client could be improved to their mutual benefit, and to the benefit of the Client. However, the report may show that there is no improvement to be made, and that the process of novation as it presently stands is adequate. 1.4.1 Aims To identify clearly factors that may affect the relationship between the Contractor and the Designer under novation To discover any adverse characteristics that may cause a poor working relationship between the Contractor and the Designer To clearly understand the opinions of Designers and Contractors that has been involved with novation To understand the attitudes of Designers and Contractors towards novation To clearly understand the definition of novation and the context in which it is used within the construction industry To identify any differences in attitudes between Contracting Companies towards novation under a J.C.T. Design and Build contract To understand why Clients now prefer to use the Design and Build form of contract rather than the Traditional contracts they favoured to use To identify why Clients within construction novate the Design Team across to the Contractor 1.4.2 Objectives To highlight specific problems within the process of novation that requires improving To investigate how the process of novation may differ between contracts and/or with varying Clients To identify differences between the Contractors and Designers opinion of novation under the J.C.T. Design and Build Contract To highlight areas within construction where it is necessary to use novation in Design and Build contracts To advise the Contracting Companies of the most economic way of managing a Design Team that has been novated by a Client To identify if a Contractor and Designer have a better working relationship, i.e. have a greater understanding of each others objectives and needs, under a traditional contract rather than novation under a Design and Build Contract 1.4.3 Hypothesis The working relationship between Contractor and Designer is adversely affected by Novation. 1.5 Overview of Research Methodology The methodology of the research for this project will take the form of the following; please see the methodology in chapter three for a detailed discussion on the report methods used: A review of past and current literature concerning the background of novation within the construction industry. A review of specific literature concerning the working relationship of a Contractor and Designer. Discuss the definition of novation within construction, and where it is most commonly used in the industry. Design a questionnaire to send out to a selected Contractor and a Designer. Design an interview format and questions for a specific Contracting Company to answer on the subject of novation. Design an interview format and questions following the results of the previous interview to issue a separate questionnaire to a different Contracting Company to analyse company differences. Analyse results gathered in the interview to form a conclusion about the effect of novation in construction. Make suggestions or recommendations to the industry and Clients within the construction industry. 1.6 Overview of Main Conclusions The Authors completed research shows that there are ten factors that could adversely affect the working relationship between a Contractor and a Designer under a novation agreement. The Author found through analysing an interview and questionnaires completed by two Contractors and an Architect that the reasons for novation having an adverse influence on the working relationship of a Contractor and Designer were that: The time allowed for Contractor to Tender is not increased The loyalty of Designer to Client remains evident after novation to the Contractor There is usually a large distance between the Designers head office and the project Insufficient design fees are allocated at the tender stage There is an increased risk of error in design There could have been a previously poor working relationship between the parties The Designer may be inappropriate for the project The performance of the Designer is not consistent throughout the process of completing the design Novation is usually late or rushed from the Client There is an increased probability of conflict between the two parties The Author found that many of these factors were specific problems which could be attributed to the process of novation under a design and build project. Therefore, the results support the hypothesis of the research. However, additional research is required if the hypothesis is to be proven to be correct. 1.7 Guide to the Report Chapter One: Introduction This section introduces the study and outlines the hypothesis, aim and objectives of the research. It indicates the origin of the Authors interest in the subject, why the hypothesis was chosen, and describes the methodology that was followed. Chapter Two: Literature Review This section examines the literature research conducted by the Author. It is an investigation into the definition of novation, and describes where it is used within the construction industry. This section details the current view of the contractor in a novation agreement. Chapter Three: Methodology This section of the report describes the methodology which was used to conduct this research. It shows how the information was collected. It also includes the topics covered within the interview and the design of questionnaires that were employed. Chapter Four: Design and Build Contracts This section describes the forms of J.C.T. contract used and highlights the advantages and disadvantages to the Design and Build form of JCT contract. It provides an introduction into Design and Build and details the differences between the Employers Requirements and Contractors Proposals that are a key feature of the Design and Build contract. Chapter Five: Novation This section of the report describes in detail the uses of novation within a construction context. It gives a definition to the process of novation as used in a Design and Build situation. This chapter details the conflict of interest the Contractor and the Designers tend to experience due to novation. It illustrates the problems that may arise in the design, payment of design fees and the varying levels of the Consultants performance. Chapter Six:Analysis This section of the report is the analysis of the questionnaires sent to Clients within the building industry and their Project Managers and the Designers. It analyses the interviews conducted with the contractors and additional information gathered. Chapter Seven: Conclusion This section of the report presents the Authors conclusions based upon the findings within the analysis chapter of the report. It suggests solutions to the aims and objectives set out in the introduction, criticises the hypothesis around the report was based and highlights the possibility for further research. Chapter 2 Literature Review 2.1 Introduction The literature review is a comprehensive analysis of all relevant articles, books and publications to this research project. Derek Swetnam[4] describes the literature review as a report; That is central to the dissertation and in all styles of work it has a number of functions: It shows that you have read widely around your chosen topic It demonstrates your critical understanding of the theory It acknowledges that work of others It informs and modifies your own research The Literature review in this chapter is broken down into eight sub-headings. The chapter talks about the description of novation, then goes on to describe where novation is used today both in and outside the construction industry. The literature review describes the process of a Designer being novated to a Contractor. The final section of this chapter discusses and analyses in what way the literature which is reviewed is relevant to the Authors research project. 2.1.1 General Aims To break down the causes of the problem highlighted in the hypothesis into logical stages. To collect and analyse previous research and literature to further investigate the subject area of this project. To research any previously made recommendations. Make recommendations which have been concluded from a detailed literature review. 2.2 Aim of This Literature Review What is the description of Novation and in what context was it used before in construction? Where is Novation used today outside of construction and what is its main purpose? What other uses are there of Novation within construction other than a Designer being novated to a Contractor? When did Novation of a Designer to Contractor become popular with Clients in the construction industry? Have there been problems with the novation of a Design team to a Contractor in the past? When is Novation practical in construction contracts? What are the risks to the Contractor in the novation process? 2.3 Contents of Literature Review 2.3.1 Description of Novation David Janssens[5] stated that: Occasionally, an Employer may stipulate that the successful Contractor is to engage one or more of the Employers consultants to complete the design and detailing of the project in the post-contract stage. Such consultants are employed by Contractors under novation agreements, i.e. a novation agreement is a new agreement in substitution of a previous agreement between the Consultant and the Employer. Novation exists when an agreement or contract between two parties is going to be broken and a third party enters to take the place the agreed or contract role of the party which is leaving the agreement or contract. Novation can also exist when a third party enters into an agreement or contract without any other party leaving. Jeremy Hackett[6] stated that: Novation is a legal concept, formally providing for the re-employment of a Consultant by the Contractor, as part of the contract agreement between the Employer and Contractor. Should the Contractor merely choose to re-employ the same individuals who have previously sat the other side of the interview table from himself that would not be novation, but its effect would be very similar. 2.3.2 Uses for Novation. Novation is not only used within the construction industry, the use of novation in law is much more commonly used in the buying and selling of manufacturing companies. In this context a novation agreement maybe drawn up by lawyers of a manufacturing company which intends to sell to buyer whilst still retaining the same business clientele. In this instance a customer of the business being sold would be novated across to the new buyer of the business, this ensures that the customer can always source what ever item the new buyer manufactures. Ann Arbor[7] Stated that: A hospital in Texas is taking electronic commerce beyond purchase orders and usage reports to adoption of digital contract management. The sooner hospitals are able to sign up to participate in new contracts, the sooner they are able to access contract pricing. Using the enhanced form management program, materials managers can submit forms online where suppliers can approve them, also online. In this example a hospital in Texas is using the agreement of novation over the internet to sign up for new contracts much faster than it was able to previously. This has benefited materials managers the most as they are able to source cheaper or higher quality materials from differing suppliers and simply transfer the agreement they have with one supplier to another using novation. 2.3.3 Alternative uses of Novation within construction. The section above discusses how different forms of novation are implemented in areas other than the construction industry. However, within the realms of construction there are many more uses for the novation agreement to be used. The use of novation within construction has only been commonly used during the past decade or so, the main reason for this is the introduction of the JCT Design and Build Contract which made the novation of Designer to the Contractor much easier for the Client. Before the introduction of Design and Build Contract novation was present in the same format it exists today in other industries as mentioned above. If during the construction process a Client was unable to fund any further necessary works and there was a willing buyer to stand in for the Client, it may be in the interest of the entering party to continue to use the existing Contractor. The easiest and least time consuming way to do this would be using the Novation agreement. The second way in which novation occurred in a construction context before the introduction of the Design and Build Contract was if the Contractor was suffering from financial issues or the relationship between himself and the Client has been irreparably affected in someway. If a situation like this occurred it was beneficial for the Client to take on board a new Contractor through a novation agreement. This removed the necessity for the remaining works to be re-tendered, and the likelihood that the Client would have to pay an excess for the works to be completed. 2.3.4 When did novation become popular with Clients Jim Smith[8] stated that: The choice of a procurement method is probably the single most important decision the client makes, other than the decision to build. The various procurement methods can be described, as defined by Masterman (2002), under these three distinct categories: Separated and co-operative. Integrated. Management orientated. In the last few years and particularly within the past decade the procurement methods for contractors have been moving away from the more traditional contracts as described above. The change to a procurement method which uses the second and third categories above has largely been Client-driven; the main reason for this is that the Contractor has to accept a high level of risk if he is to tender successfully for a project. As more design development has been shifted across to the Contractor it is becoming easier and more cost effective for the Client to shift higher levels of risk to the Contractors. The Design and Build contract and all its variations have expanded considerably to accommodate a Clients needs in recent times. The Royal Institution of Chartered Surveyors (RICS) [9] in 2000 stated that: Design and build and its variations have expanded considerably in the last decade. It has increased dramatically in the 1990s going from a 10 percent share during the 1980s up to a 35 percent share of the construction procurement market, with management contracting declining to a 10 percent share. Chan stated[10] that: 21% of private Clients in the UK use the Design and Build system, of which 42% commonly use Design-Novate and Construct for their projects. Design-Novate and Construct has also been widely adopted in Australia and Hong Kong. David Jaggar[11] Stated that: The major advantages of design and build are that all the risks, both financial and period for completion, are transferred to the design and build contractor, with the client only dealing with one organisation, so eliminating the complexities and frustrations of dealing with a range of separate organisations. The approach also overcomes the problem of the separation of design and construction, so saving overall time and allowing the design to reflect improved buildability in the construction solution. The argument against this is that a Contractor may be taking a higher percentage of higher risk projects. However, as a Client is off loading a lot more risk than what was traditionally not possible in the past they are able to fund much more projects and engage a lot more designers. The result of this is that the Contractor has more work to tender for and a much higher chance of winning projects as more tenders will be processed. 2.3.5 Issues arising from using Novation in construction. Jim Smith[12] stated that: There is considerable debate as to the merits and demerits of the approach and it is fair to say that many design professionals were unhappy about the approach, not least because there was a reduction in their own influence and independence. However, a valid view put forward, which undoubtedly design and build suffered from in the 1980s, was that the quality of the final building was often inferior and the role of design was devalued, as the design and build contractors shaped the design to suit their particular methods of construction. More recent views from clients noted above indicate that they were satisfied with the quality of their completed design build projects. The Design Manager of a Contracting Company plays a critical role in the development of design to determine a contract value for a project. The role involves being able to balance cost and quality and time constraints within a framework. This is an essential skill for all Design Managers or Project Co-ordinators. The Design Manager will work closely with the Commercial Manager at the tender stage of a Design and Build contract when novation of the Design team is being used by the Client. It is crucial that both managers work together to reduce the amount of design and financial risk the contractor will have to carry through the contract period if the tender submission is to be successful. Allinson[13] states that: The developments in the construction industry, the continuing specialisation of professions and the rising application of alternative procurement methods have all contributed to the gap between design and management, but they have also emphasised the need for a design professional with management and technological skills. The management of the process should ensure a successful and deliverable project When Design and Build contracts first became widely used by Clients in the 1990s Contractors tended to manage the building works in the same way they managed traditional contracts. Here a Project Manager was responsible for the development of the construction and concluding the outstanding design issues as well as resolving any building sites day-to-day issues. Project Managers were supported by a number of other managers such as Services Engineers, Site Management and Quantity Surveyors. Jim Smith[14] states that: However, a single reporting source on all aspects of design and cost has not always benefited the client, contractor or the project. Projects have been organised in a very flat structure with numerous lines of responsibility reporting directly to the project manager. The larger projects would have over half a dozen separate factions directly beneath the project manager, including the above stated managers, structure coordinators, documentation managers, tendering coordinators, contract administration, project administration and occupation health safety and rehabilitation (OHSR). In practice, this structure has proved to be an inefficient and ineffective form of management on many projects.

Not Just For Kicks: Expressing Difficult Content Using Comics Essay

A common description of comic books comes from their appearance in cartoons and comic strips, where a teacher catches a child reading a comic book tucked between the pages of their schoolwork. Prevailing attitudes formed off of this kind of perception render the idea of the comic form as a diversion, lacking serious content, and perhaps immature. However, the comic form uses many techniques to explore subject matter that is difficult to deal with in traditional educational ways. This paper will look to examine how immersion and symbolism within the comic form can be an effective tool to reproduce these otherwise difficult situations, concepts, and ideas by using examples of texts from our class that make excellent use of these techniques, in particular Nausicaa of the Valley of the Wind, The Photographer, and Bound by Law. The graphic novel is grounded in stereotypes that belie their true expressive power, and the deconstruction of those stereotypes is the first step in accessing concepts that are misconstrued and difficult. As Scott McCloud states in Understanding Comics "Sure, I realized that comic books were usually crude, poorly drawn...but they don't have to be" (McCloud 3), something we have witnessed through the sophistication of our texts this semester. By investigating how the comic form interacts with the reader, we can find many benefits that often position comics as an optimal vehicle for delivering informative and educational content where other mediums only barely suffice. However, separating the medium of comics from the content widely associated with them is a difficult task, and one that can only be changed by effective content delivered with effective comic technique. The main benefits of the graphic novel and... ...red towards delinquent children. While difficult material can be expressed in other methods than comics, these examples prove that with proper use of techniques and an awareness of the content itself, comics can provide a much deeper and enriching experience than just text or visual representation alone. Works Cited McCloud, Scott. Understanding Comics: The Invisible Art. New York: William Morrow Paperbacks/HarperCollins, 1994. Print. Miyazaki, Hayao. Nausicaa of the Valley of Wind. Volume 1. San Francisco, CA: Viz Communications, Inc., 1995.2nd Ed. 2004. First published by Nibariki/Tokuma Shoten, Japan, 1994. Print. Guibert, Emmanuel, et al. The Photographer: Into War-Torn Afghanistan with Doctors without Borders. New York and London: First Second, 2009. Print. Aoki, Keith, James Boyle, Jennifer Jenkins. Bound by Law. Duke Law School. 2006. Print.

Smoking Should be Banned in All Public Places Essay -- Papers Argument

Smoking Should be Banned in All Public Places Every year thousands of people die because of having cancer or other tobacco related illnesses due to smoking. Smoking is seen everywhere from our own television screens to even the world wide web; the internet. Tobacco is the substance that is in these cigarettes. These tobacco products are promoted through tobacco ads that are found almost everywhere you turn. They are in magazines, television screens, on the internet and even on cigarette boxes themselves. Alas, their tobacco ads do not tell the whole truth. Thus, many people fall prey to these tobacco cigarettes and once they try one cigarette, they are hooked on it. The reason this is so is the nicotine present in it, which is a kind of drug. So now, as you can see many have been addicted to the habit of smoking. Nowadays in almost all parts of the world has much controversy because people some people agree about smoke in public areas, but others who do not smoke complain about that; so much so that it has now become an issue. So, should smoking be banned in all public places? I would say yes, they should. Firstly, when many smokers smoke in public places, the people around them who do not smoke breathe in the smoke and they become passive smokers. These smokers can even get very ill due to the consequences of passive smoking. Researchers have even discovered that the onslaught of that kind of cigar smoke causes ninety-seven gases to malfunction. The Environment Protection Agency also reported that passive smoking causes 2500 to 3500 lung cancer deaths a year among non-smokers in just the U.S. alone. We may not know this but we... ...something that should be put into action. It is the only way smokers may reform their ways and start afresh. Although many others may also argue that air pollution does occur due to other factors, smoking is also a factor encouraging air pollution. So why not try stopping it while we can right now by taking a stand that smoking should be banned in all public places and turn it into a action that would prove the best all round? Smoke is very bad and the government should not authorize smoking in public places at all. It not only affects the people who smoke but also other innocent people. Moreover, if you smoke, you would have to think more about not only your own health but also for the other people whom you live with and who are around you. So, all in all, I conclude that smoking should be banned in all public places.

A Study of Reading Habits :: essays papers

A Study of Reading Habits "A Study of Reading Habits," is Philip Larkin’s poetic warning that escapism and ignoring reality only makes real life less fulfilling. Larkin develops this idea via a narrator who prefers to escape from life rather than deal with it, as well as through changing use of language and subtle irony. Larkin’s most direct expression of his warning comes through the narrator’s experience with escapism through books. The narrator reveals his changing attitudes toward books in three stanzas, representing three stages in his life: childhood, adolescence, and adulthood. As a child, reading as an escape enabled the narrator to feel better about "most things short of school" (line 2). As an adolescent, books continued to be a form of escape for him, this time for his unfulfilled sexual desires. However, as an adult "now," the narrator embodies Larkin's warning. He is bitter and resentful that life is less glamorous than books, now only able to relate to the secondary, less important characters. The method he once used to escape now makes reality painfully obvious. The idealized reality that the narrator dreams of at each point in his life is reflected in the author’s language use. The description of childhood escape contains clichà ©s found in children’s adventure books, such as "keep cool," "the old right hook," and "dirty dogs." As an adolescent, the descriptions are more mysterious and sexual, including references to Dracula and to rape. The descriptions as an adult are the most casual and slangy, suggesting a decline in the narrator’s intellect, the result of complete indifference. At this point he sees reality for all that it is, and finds this unfulfilling compared to his earlier idealizations. The author drives this point home with a number of ironies throughout the poem. The title suggests a formal paper; quite the opposite of the colloquial language Larkin uses. This symbolizes the motif that what appears to be good (formal), may in fact be bad (casual). Also, the narrator’s values decline as he gains knowledge, going from good to evil to indifference.

Family as a Primary Group

Family as a Primary Group Social Problems Garelick August 2010 Family as a Primary Group Family plays an important role in the life of every person and society as a whole. It is no surprise that at every new stage of development in our society, with every revaluation of values, the interest in the issues of family, morality and spirituality spikes. At the present time, in the complicated environments through which we weave our lives, the family remains a unique mediator between the interests of the individual and society and is in the epicenter of a major social upheaval.The transition to current market relations and with them the related apathy, and with the impoverishment of the general population drastically came the turnaround in the view affecting the well-being of our families and their stability and potential for proper upbringing of the young. These, along with many other social instabilities, have led to a crisis of family values. The consequences of this crisis are bifurcat ions between the generations, the prevalence of reduced lifetime fertility and the growing number of single parents in the United States.If marriage, parenthood and kinship are what constitute family relations, at the present time we are witnessing a decay of this little tiny trinity. The problem is complicated by the fact that at present time, the institution of marriage is going through a transitional period. There is a certain destruction of the old traditional values of marriage, and the new have yet to be formed. Marriage and family are increasingly becoming more about individuals and their need for intimate satisfaction and informal communication, and less about structure and support of one another.Let us pinpoint and define just where the family lays its essence within the complicated world of social institutions and in which groups, as defined by our text. In a broad sense, the concept of a social group is any social association of people, anything from peer groups to a popu lation of a particular country. In sociology, this concept is used in a narrower sense as â€Å"any number of people with similar norms, values, and expectations who interact with one another on a regular basis† (Schaefer, 2009, p. 107). In general, members of a society feel like they belong to a group, and are also perceived by others as members of said group.To analyze the social structure of a society there must be items explored that appear in all elementary parts of the given society, which incorporate all of the social perspectives. For this, I have chosen what is generally accepted to be the â€Å"primary group† (Schaefer, 2009, p. 110). The most successful definition, and essentially creation of the term, was created by â€Å"Charles Horton Cooley† who â€Å"coined the term†¦ to refer to a small group characterized by intimate, face-to-face association and cooperation† (Schaefer, 2009, p. 10). In other words, primary groups are those in which individuals have personal interaction with one another. For example, classmates can be members of a primary group, and the rest of the student body would then be members of a secondary group. From a social perspective of a â€Å"functionalist† for the normal operation of the human society we must consolidate certain types of social relations so that they become mandatory for members of a particular social group (Schaefer, 2009, p. 14).This primarily refers to those social relations in which, in order to obtain entry, members of a certain group must satisfy the most vital requirements needed for the successful functioning of the given group as an integrated social unit. For example, for the production of material comforts, people tend to perpetuate and secure a level of financial cushioning; this is also done for the upbringing of children, for unstrained family relationships, as well as for education and training for everyone involved.A symbolic â€Å"interactionist† would view the family process as a consolidation of social relations and a way to establish a system of roles and statuses, prescribing certain rules of conduct in a â€Å"social network,† and in defining a system of sanctions in case of a default by any of the individuals in the process of living out and following the given rules of conduct (Schaefer, 2009, p. 16/111). Social roles, statuses and sanctions are implemented in the form of social institutions that define sustainable patterns of behavior, ideas and incentives.Social institutions â€Å"are organized patterns of beliefs and behavior centered on basic social needs, such as replacing personnel† in the family setting (Schaefer, 2009, p. 113). Social institutions dictate how ideas and goals are perceived and defined by the system of standard social values, such as patterns of public behavior and the complicated systems of various social ties, i. e. the sets of roles and statuses through which a range of behavior is carried out and kept within certain limits.So, within the concepts of â€Å"social institution† and â€Å"social group† there is a significant internal difference. While the social group, whether primary or secondary, is a collection of interacting individuals, the social institution is a system of social relationships and social norms that exist in a particular area of human activity. However, it should be noted that these concepts are inseparable from each other, because  a social institution is a set of relationships and systems of behavior, and is determined ultimately by the needs of people.In other words, although the social institution creates social relationships and norms, there are people for whom these relationships are linked and carried out; the family is the perfect example of a social group that puts the rules in to practice. People organize themselves into different groups using institutional rules. Each institution includes many social groups tha t provide the overall institutional behavior. Consequently, institutions and social groups are interrelated, and it would be completely meaningless to separate these notions and study them separately.So, based on the foregoing, I conclude that the family is a social phenomenon that combines the features of a social institution and a primary group. The idea of the modern family arises from the desire to satisfy purely personal needs and interests of individuals. According to structure-functionalists, â€Å"the patterns of reciprocal obligations among people and between structures of people and the greater society define family. The greater society has needs that must be met; in order to meet those needs, society creates subsets of people structured to help meet the needs of society.The family is one of those structures. The definition of â€Å"family† changes as the needs of the greater society change. When the greater society needs rapid population growth — after a ti me of war, for example — society's definition of family emphasizes heterosexual bonding, procreation and child rearing; but when the greater society is faced with over-population and the need to limit population growth, society's definition of family may be modified to include homosexual bonding and may be more supportive of childless couples† (Diem, 1997, P2).As a primary group, the family connects the personal needs of the public interest, adapting to social relations, norms, and values that are accepted in our society. In other words, the family's personal needs are sorted and organized on the basis of accepted societal values, norms and behavior patterns and, eventually, acquire the character of the social functions such as the regulation of sex, procreation, socialization, emotional satisfaction, status, safety, and economic security.From what I have gathered, the definition of family from a conflict perspective has been a highly discouraged and slightly controvers ial subject since family â€Å"is considered a sacred institution. As a result, support for research on conflict in the family has been discouraged† (Werner-Wilson, 1993, p. 6). And it would seem that a social institution of such prominence would not have a dark side from which can leap and bound toward freedom suppressed minorities. But for the sake of this essay, let us assume that if Karl Marx were to look at the institution of marriage, he would wave his well bearded nugget side to side disapprovingly.The idea of a traditional family has roots in male supremacy, and suppression of women’s rights. If only Karl Marx was not a man of the nineteenth century, but lived in present time. The ideal family includes: 1) a set of social values (love, for children), 2) public procedure (for the care of children, family rights and obligations), and 3) interlacing of roles and statuses (status and role of husband, wife, child, teenager, mother-in-law, brothers, etc. ), with the aid of which the family exists.Thus, the institution of family is a collection of certain bonds, rules and roles, which in practice are manifested into the activities of this individual primary group. We all know how great the importance of family is in everyday life, society and even in the political arena. After all, it is the family of each person that provides them with an inexhaustible source of love, devotion and support. The family lays foundation for morality, spirituality and tolerance. And it is the family that is recognized as the major reason for why cultural beliefs survive, are inherited and passed from generation to generation.It is a prerequisite for socialization and the lifelong study of social roles, basic education, skills, and behavior. A healthy, strong family is the basis of stability and prosperity of any society. The family is the foundation of all social institutions vis-a-vis the development of the family is ultimately the progress of society as a whole. B ut the world does not stand still, in its ever-changing atmosphere social institutions take on new meanings and the ideas of marriage and family change with the times.Marriage has ceased to be life-long and is losing its legitimacy: divorce, single parent families, broken hearts and bank accounts used to be exceptions, and are now becoming the norm. The vast majority of professionals such as philosophers, sociologists, psychologists, economists, and students of the modern school of thought, all agree that the family is going through a real crisis. The strength of family is being tested under the weight of total catastrophic failure that our society is facing; the deep nature of which is characterized by our flailing ivilization. As a primary element of society, it gives a miniature image of the same contradictions that are inherent in our cultures. One of the most remarkable properties of the family is its flexible and dynamic form of structural organization. Thanks to the universal ability to adapt to the peculiarities of the ever-changing world, the family has developed an enormous variety of types of family structures, sometimes adapting itself beyond recognition, but while keeping unchanged its essence as a social institution and a primary group.In addition, the family is created to meet any number and range of essential human needs. The family, therefore, in contrast to other social groups defines the very meaning of integrity and adaptability. Because of its multifunctional ability to ameliorate the physiological and psychological human needs, and its inclination toward self-organization and self-development the idea of family is able to combine all personal, collective and public interests into one little amiable ball with a gigantic potential for explosive cataclysm.The world is not static, it changes, and with it change its social institutions, and thus the family. Clearly, the family today, like society in general, is in deep cow dung. The strength o f the family, its charm and vitality lie in the integrity that is inherent in the family idea and in the definition of the primary social group and social institution. The present era in which we have had this great pleasure of existing is different from any other in recorded history.Today’s complex economic and social situations require a modern approach, which can often cause stress and depression, which have already become integral parts of our existence. Today is the time when the need is particularly great in having a safe retreat, a place of spiritual comfort. This safe retreat can be our family, its stability and strength can be built to withstand the widespread variability of the painful world. The family is something worth celebrating, and in celebrating ourselves we can go on further to build everything else that will try to destroy it.References Schaefer, R. T. (2009). Sociology: A Brief Introduction (8th edition). New York: McGraw-Hill Diem, G. (1997). Formulation s: The Definition of â€Å"Family† in a Free Society. Social Scientists’ definition of Family. Retrieved August 12, 2010, from http://libertariannation. org/a/f43d1. html Werner-Wilson, R. (1993) Social Conflict Theory. Retrived August 12, 2010, from www. public. iastate. edu/~hd_fs. 511/lecture/Sourcebook15. ppt

Bromobenzene Essay

Introduction: The chemical reaction of nitration consists of a nitro group being added to or substituted in a molecule. Nitration can basically be carried out by a mixture of concentrated nitric acid and sulfuric acid; this mixture is useful to obtain the active nitronium ion. Electrophilic aromatic substitution is a method used when a functional group is needed to be substituted on to an aromatic compound. In the nitration, nitronium ion acts as the electrophile that involves the attack of the electron-rich benzene ring. Aromatic substitution is electrophilic, due to the high density in benzene ring. Benzene ring is one of the components in most important natural products and other useful products. The species reacting with the aromatic ring is usually a positive ion or the end of a dipole. Nitration is one of the most important examples of electrophilic substitution. The electrophile in nitration is the nitronium ion which is generated from nitric acid by protonation and loss of water, using sulfuric acid as the dehydrating agents. Data: Weight (grams) Beaker 39.1 grams Beaker + Crystals 41.9 grams Weight of Crystals (Prior to Addition of Ethanol) 2.8 grams Figure 1: This table illustrates the weight of the crystals that were formed before the ethanol was added. 2.8 grams x 5= 14 mL – This is the amount of ethanol that is needed to just dissolve the bromonitrobenzenes at 78.2oC. Weight (grams) Wet Sample of Crystals 1.40 grams Dry Sample of Crystals 0.95 grams Difference Between Wet and Dry Samples 0.45 grams Figure 2: This table illustrates the weight of the crystals that were formed as the final product. The wet sample and dry sample both have a different value. Figure 3: This is the structure of bromobenzene; this was the liquid that was given for this laboratory experiment. Figure 4: Mechanism for the formation of 4-bromonitrobenzene. Observations: When the bromobenzene was added, the solution turned yellow. The final product was also yellow crystals. Calculations: a. Bromobenzene 0.0142 mol bromobenzene b. Nitric Acid 0.090 mol nitric acid THEREFORE, IT CAN BE SAID THAT BROMOBENZENE IS THE LIMITING REAGENT c. Actual Yield and Percent Yield 33% THE PERCENT YIELD IS 33%. Conclusion: It can be said that the objective of this experiment was to synthesize the p-bromonitrobenzene out of bromobenzene by nitration. This experiment studied the electrophilic aromatic nitration of a monosubstituted aromatic cring under a standard set of conditions. Electrophilic aromatic substitution is the addition of a nitro ( NO2+) group to an aromatic ring. When the aromatic ring is monosubstituted (meaning it already has one substituent on it), the nitro group can be added to either the: ortho, meta, or para position. Figure 1 illustrates the weight of the crystals prior to the addition of ethanol. The weight of the crystals before the ethanol was added was 2.8 grams. These were the crystals that were formed when the nitric acid and sulfuric acid mixture was slowly added to the bromobenzene. The weights of the crystals were determined before the addition of ethanol; this was important to do in order to find the amount (mL) of ethanol to add. The weight of the crystals was 2.8 grams and was multiplied by 5 to get 14mL; this was the amount of ethanol that was added. The ethanol was added to the crystals to dissolve the bromonitrobenzenes at 78.2oC. Figure 2 illustrates the weight of the wet crystals and the dry crystals. The weight of the wet crystals was 1.40 grams and the weight of the dry crystals was 0.95 grams. The difference between these two weights was 0.45 grams. The number for the dry crystal was then later used to determine the actual yield and the percent yield of the laboratory experiment.. The moles of bromobenzene were calculated to be 0.0142 moles. The moles of nitric acid were calculated to be 0.090 moles. Therefore, since the moles of bromobenzene were lower than the moles of nitric acid, it can be said that bromobenzene is the limiting reagent. After the limiting reagent is found, it is used to find the theoretical reagent. Questions: 1. What products did you expect this reaction to form? Explain the effect that the group(s) present in the starting material have on reactivity and orientation in this reaction and why. There were two possible products that could have been formed in this experiment. The first product that could have formed was 1-bromo-2-nitrobenzene and the second product that could have formed was 1-bromo-4-nitrobenzene. These were the two products that could have been formed because bromine is in an ortho and para directing group.

Peter Skrzynecki (Ancestors)

stanza 1 the figures have a nightmarish quality which is developed through simple but evocative visual imagery they ‘hang over you’ and stand ‘shoulder to shoulder’ which makes them threatening in number and intimidating in stance the sibilance within the last line augments the tenor of disquiet created by the poet’s reference to these nameless and ‘faceless’ men no reference is made to women which also increases the veiled threat implied by shadowy figures. ne possible interpretation of this might be that male ancestors have greater impact on his cultural and social identity stanza 2 the darkness becomes tinged with urgency as his sleep is broken by whispered secrets. nothing is distinct or clear, developing an atmosphere of uneasiness. it is a scene we can identify with, those disturbing dreams and nightmares that can come to us all in the middle of the night reference is made to the ever-open eyes of these figures. we wonder what are t hey looking at or for, and wether their appearance is a negative or positive omen. t also leads us to wonder whether their visions are insightful or apocalyptic stanza 3 the ring they form around the poet is both encircling and yet directional, their pointing fingers and footprints leading elsewhere to undetermined places. the term ‘ring’ generates a certain feeling of alarm, as if the sleeping figure is being entrapped by these figures from the past directions are unclear, mirroring the indistinct quality of dreams. it also raises the level of uncertainty and apprehension felt by the dreamer stanza 4 hese nocturnal visitors are given a natural backdrop, simply described as a mountain, river, plains, grasses and sand simple, sensory imagery describes the ‘sound of a river’ and a ‘moonlit plain’ giving some semblance of place but not enough to get any real bearings or location it is still a dream-liek landscape; ill-defined but evocative and dis quitening stanza 5 we ponder what these speechless, watchful and hovering figures ‘wait’ for and question their purpose urgency is created by the use of hyphen which creates a pregnant pause in the middle of the question being asked. his involves the reader in the questioning process, challenging us to respond from a personal perspective it appears that these dead ancestors form the past are awaiting new members to join their host, adding resonance to the death theme developed earlier Stanza 6 the nightmarish quality is not relieved by wakefulness which brings limited relief disquiet remains, for consciousness ironically makes their faces disappear just as they ‘became clearer’.They remain metaphorically out of reach the visual intensity of the simile ‘dry/as cake mud’ emphasises the negative impact of this ancestral visitation which neither soothes nor appeases the dreamer stanza 7 this is the only stanza with three lines instead of four; the brevity adds to the discordant images of un-stirring sand, grass and wind which ‘tastes of blood’. the inversion of typical senses jars our expectations the reference to the taste of ‘blood’ refers again to the death theme and adds to the reader’s sense of nightmarish disorientation. mirroring that felt by the disturbed sleeper by the disturbed sleeper.