Sunday, May 24, 2020

Shak Box Consulting Company - Innovation and Entrepreneurship - Free Essay Example

Sample details Pages: 6 Words: 1758 Downloads: 4 Date added: 2017/06/26 Category Business Essay Type Research paper Did you like this example? SHAK BOX Consulting Company Innovation and Entrepreneurship       Contents I.Executive summary II.Mission and objectives: 1.Mission: 2.Objectives: 3.Keys to Success: III.Trends affecting business growth: a)Mobile Devices b)Higher Design and Usability Standards c)Corporate Clients Want Solid Returns on IT Investments: IV.Resource requirements: a)Company Locations and Facilities b)Services c)Service Description V.Objectives/ milestones and Timetable of goals: VI.Managerial focus: a)Management Summary: b)Organizational Structure: c)Management Team: VII.Identify marketing strategy a)The 4ps: 1.Proposed Product or Service Plan: 2.Proposed Pricing Policy: 3.Proposed Promotional Plan: 4.Place (distribution): VIII.APPENDIX . Don’t waste time! Our writers will create an original "Shak Box Consulting Company Innovation and Entrepreneurship" essay for you Create order I. Executive summary II. Mission and objectives: 1. Mission: Shak Box aims to offer comprehensive consulting services. Shack Box will focus on providing personal and specialized services to meet each clients specific needs. 2. Objectives: To satisfy a market need to offer a full-time consulting product To develop a client base requiring a team effort, versus a sole practitioner, to satisfy client requirements 3. Keys to Success: In my opinion as the founder of this company, to keep the company in its best productivity times and to continue setting higher objective to achieve we must maintain the following : Team approach on most consulting projects A group of professionals with a broad range of specialty areas that complement each other Successful niche marketing: we intend to find and target the quality-conscious customer in the right channels, making sure that the customer will find us through aggressive marketing Uncompromising commitment to the quality of the work: that is, quality data, information and solutions III. Trends affecting business growth: Mobile Devices : as the mobile device market grows this shows us that consumers are more and more going mobile, According to the CIAs world fact book we have about 6 billion mobile devices in 2011. Moreover, we have about 2.1 billion active internet users in 2010. This trend could help the business in many ways one of the most important ways is that Shak Box can reach a very wide audience worldwide providing online business services. (Cia.gov, 2014) Higher Design and Usability Standards: According to searchenginejournal.com, design and usability are no longer a complement to your marketing strategy. Design and usability are quickly becoming an essential part of marketing efforts because if users do not like what they see they will leave. Make it easy for them to find what they are looking for with a fast loading site that is easy to navigate. In Shak Box the added value that will be delivered to the consumer is the developed mobile (Search Engine Journal, 2014) Corporate Clients Want Solid Returns on IT Investments: According to plunkettresearch.com For more than a decade, a major source of revenue for consulting firms has been information technology projects of all types. The rapid growth of the Internet, intranets, e-commerce, advanced computer networks and private data nets encouraged corporate executives to dive into IT projects, generally at immense cost. Consultants were among the major beneficiaries of these projects. However, IT investment wound down rapidly between 2001 and 2003. Today many IT consulting projects are bid on a fixed cap basis, whereby a pre-agreed fee is guaranteed to see the project through to successful completion. For the mid-term, most corporate clients will be very stingy with IT consulting budgets. Non-essential projects will be delayed until economic growth resumes and corporate profits improve. When money gets tight as it has been for 2008-2009, corporate IT executives will make the best of their existing sy stems and look for ways to cut corners when implementing new ones (plunkettresearch.com,2014) IV. Resource requirements: Entire start-up expense comes to $80000. Start-up assets required include $220000 in initial cash to handle the first few months of consulting operations as sales and accounts receivable play through the cash flow. The details are included in Table 1 below. Start-up Requirements Start-up Expenses Legal $4,000 Stationery etc. $8,000 Insurance $3,000 Rent $10,000 Computers $25,000 Servers and hosting $9,000 Website and Application platform $20,000 Other $2,000 Total Start-up Expenses $80,000 Start-up Assets Cash Required $140,000 Other Current Assets $0 Long-term Assets $0 Total Assets $140,000 Total Requirements $220,000 a) Company Locations and Facilities The initial office will be establish its headquaterters office inHamra area of Beirut, the heart of theCity. Onthe other hand, the company, which provides ONLINE/OFFLINE consulting services, must have many resource bases and selling points therefore developing small bases all over the region of the MEA and most importantly targeting immerging countries such as China, Chile, and Brazil by establishing franchises. b) Services SHAK BOX offers a list of services forbusiness owners to choose from, depending on their particular business needs. c) Service Description Start-up services include business project preparation, marketing plan, and financing search and management. Ongoing services hold business plan updates, marketing plan updates, search and procurement of IT consulting, management development, financing, e-commerce services, equipped advising, and HR advising. Shak Box is flexible, working with its clients in the fashion preferred by the customer, be it on-site, remotely, or a association of both. Shak Box typically works on a project in a team to help the customer in all areas of the business simultaneously. This allows for all parties involved to be in sync in terms of knowing the interconnections of all functional areas of the business therefore closing all the gaps. V. Objectives/ milestones and Timetable of goals: https://www.bplans.com/consulting_planning_business_plan/strategy_and_implementation_summary_fc.php https://www.bplans.com/business_development_business_plan/services_fc.php https://www.bplans.com/business_consulting_business_plan/strategy_and_implementation_summary_fc.php https://www.bplans.com/management_consulting_business_plan/strategy_and_implementation_summary_fc.php VI. Managerial focus: a) Management Summary: The management team in Shak Box consists of the entrepreneur of Shak box Ghandi Ghoussaini, due to his experience in the marketing and the management field with a BS in Management from Cardiff University and a BS in Marketing from MUBS University We will develop and nurture the company as society. We do not intend to be very hierarchical because of the globalization of the business and an influence from a very professional entrepreneur Sir Richard Branson on Mr.Ghandi Ghoussaini b) Organizational Structure: Its founder Ghandi Ghoussaini as a start up will manage Shak Box but as Shak Box grows there will be more structure to the organization, with new employees being assigned a supervisor or subordinate is a must. c) Management Team: The founder will necessarily be involved in the fulfillment of the core business proposition, providing the expertise to the clients. Later, we intend to add more partners, consultants, and sales staff. To add on that we acknowledge the fact that successful recruiting, motivation and discipline procedures are keys to the growth of the organization. Hence we intend to promote and maintain good labour relations, strong morale and high quality work per employee. VII. Identify marketing strategy a) The 4ps: 1. Proposed Product or Service Plan: As mentioned above one of the most important trends discovered is the mobile devices people are living the mobility age with a platform as an application that gives the chance to the end consumer to access his company were ever and whenever he wants As a consultancy business Shak box works in a deadline frame of work therefore if the service is not delivered in the right time the consumer will get a discount about 50 % depending on the project this discount acts like a warranty for the consumer. 2. Proposed Pricing Policy: We aim for lower costs in order to attract more customers .The lower costs will be enough to pay for the required costs but will have low revenue in the future . Looking at the current market there is a shortage of consulting companies for smaller to medium sized type of businesses.With this pricing strategy Shak Box will be able to attract more business and make up the revenue in that way. The low costs will be kept at that level for one years and once the volume of business has increased 20% the prices will be increased 15% in order to increase revenue. 3. Proposed Promotional Plan: Ways to reach our target market things we can improve: Our website and online marketing Leave behind literature when we are at a service call Direct mail Newspaper Cable TV Agreements with banks on were entrepreneurs can gethelp after they got accepted on the lon aplication or how to get accepted for a lon application for openning a new business We should be able to collect dozens of testimonialsthrough our website we willhave some written testimonials as well as audio testimonials. These audio testimonials are pretty powerful and in the future we need to collect some video testimonials for our website and other ratings on socail media such as facebook, Linked in and tweeter. 4. Place (distribution): As mentioned above Shak Box will establish located in Beirut,Hamra as a headquarters , but the company will be establishing resource bases and selling points all over the MEA region in addition to that in the near future Shak Box will establish other offices in the emerging countries such as china, Brazil, and Chile VIII. Recognition of operating and regulatory environment and proprietary needs: IX. APPENDIX SHAK BOX Balance Sheets Date 2004 2005 Assets Current assets: Cash 14,000.00 Investments Inventories Accounts receivable Pre-paid expenses 1,500.00 Other Total current assets $ 15,500.00 $ Fixed assets: computer equitpment 60,000.00 Property and equipment 200,000.00 general installation 10,000.00 Equity and other investments 400,000.00 Less accumulated depreciation (67,000.00) Net fixed assets $ 603,000.00 $ Other assets Goodwill Total other assets Total assets $ 618,500.00 $ Liabilities and owners equity Current liabilities: Accounts payable Accrued wages Accrued compensation Income taxes payable Unearned revenue Other Total current liabilities $ $ Long-term liabilities Mortgage payable Total long-term liabilities Owners equity Investment capital Accumulated retained earnings Total owners equity $ $ Total liabilities and stockholders equity $ $ Two-Year Comparative Income Statement SHAK BOX Financial statements in U.S. dollars [Current Period] [Prior Period] Increase / (Decrease) Percent Change Revenue Gross Sales 550,000 550,000 Less: Sales Returns and Allowances 14,000 14,000 Net Sales 536,000 0 536,000 Cost of Goods Sold Beginning Inventory 0 Add: Purchases 0 Freight-in 0 Direct Labor 0 Indirect Expenses 0 Inventory Available 0 0 0 Less: Ending Inventory 0 Cost of Goods Sold 0 0 0 Gross Profit (Loss) 536,000 0 536,000 Expenses Advertising 137,500 137,500 Amortization 0 Bad Debts 0 Bank Charges 0 Charitable Contributions 0 Commissions 0 Contract Labor 137,500 137,500 Depreciation 67,000 67,000 Dues and Subscriptions 0 Employee Benefit Programs 0 Insurance 1,500 1,500 Interest 0 Legal and Professional Fees 55,000 55,000 Licenses and Fees 0 Miscellaneous 0 Office Expense 6,000 6,000 Payroll Taxes 0 Postage 0 Rent 0 Repairs and Maintenance 0 Supplies 0 Telephone 10,000 10,000 Travel 0 Utilities 0 Vehicle Expenses 0 Wages 0 Total Expenses 414,500 0 414,500 Net Operating Income 121,500 0 121,500 Other Income Gain (Loss) on Sale of Assets 0 Interest Income 0 Total Other Income 0 0 0

Monday, May 18, 2020

The Emergency Provisions in India - Free Essay Example

Sample details Pages: 10 Words: 3076 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: India Essay Did you like this example? Chapter 1 Introduction- An Analysis of the Emergency Provisions in the India. It is the President who can proclaim an emergency when he receives in writing a decision of the Union Cabinet to that effect. Ours being a parliamentary system, the President could proclaim emergency only when advised by the Council of Ministers through the Prime Minister. This provision was said to have been misused by the Prime Minister, in 1975 when the President was advised to make a proclamation of emergency on the ground of disturbance. Don’t waste time! Our writers will create an original "The Emergency Provisions in India" essay for you Create order In order to minimize the chances of abuse of power to declare emergency and to ensure that a proclamation of emergency is issued only after due consideration, Article 352 was amended by the Constitution (44th Amendment) Act 1978. After the 44th Amendment, it is provided that the President can make a proclamation declaring emergency only when he receives in writing the decision of the Union to this effect. Grounds for Proclamation of an emergency. A proclamation to emergency maybe made on the ground of war, external aggression or internal disturbance. The expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  is too vague and wide. It may cover a minor disturbance of law and order or even a political agitation. With the view to exclude the possibility of an emergency being proclaimed on the ground of internal disturbance of any nature, minor or grave, the 44th Amendment has substituted the expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  by the expression a rmed rebellion. Thus, after the 44th Amendment, a proclamation of emergency maybe issued on any of the following grounds: (a) war (b) external aggression or (c) armed rebellion. However actual occurrence of war, external aggression or armed rebellion is not a condition precedent. Such a proclamation maybe made by the President even before the actual occurrence of the above events, when the President is satisfied that there is current danger of war, external aggression or armed rebellion.[i] War: The term war may mean the existence of violent struggle between two countries through the application of armed forces. When there is a formal declaration of an attacker from one country against another there exists à ¢Ã¢â€š ¬Ã…“warà ¢Ã¢â€š ¬Ã‚  between the two countries and the winning country dictates according to its whim. External Aggression: The expression external aggression has many definitions such as unilateral attacks with force by any one state against another s tate without formal declaration of war. Such unilateral acts of force so long as they are not answered by similar hostile acts by the other side, constitute external aggression. Publication of a Proclamation: Article 352 does not prescribe any particular mode in which a proclamation should be published in order to come into operation. According to Article 352(1) the President may make a proclamation of emergency only when he is satisfied as the existence of a threat to the security of India, or a part thereof. Thus, the question whether security of India is threatened or not lies on the subjective satisfaction of the President acting on the advice of the Cabinet. The question has arisen from time to time whether the satisfaction of the President is justifiable or not. In Bhutnath v State of West Bengal[ii] the Supreme Court refusing to hold the continuance of the emergency under Article 352 is à ¢Ã¢â€š ¬Ã‹Å"voidà ¢Ã¢â€š ¬Ã¢â€ž ¢. To put the matter beyond the shadow of any doubt, the Constitution (38th Amendment) Act, 1975 amended the Constitution by adding Clause 1 to Article 352 which declared that the à ¢Ã¢â€š ¬Ã…“satisfactionà ¢Ã¢â€š ¬Ã‚  of the President mentioned in Article 352 shall be final conclusive and cannot be challenged in any court on any grounds. Also, it was stated that the Supreme Court will not be entertaining any question on any ground when an Emergency is declared in the state as stated in Clause (1) or the continued operation of such proclamation. The satisfaction of the President in declaring the emergency under Article 352 were thus sought to be placed beyond the ken of judicial scrutiny.[iii] In Bhut Nath[iv] that was the view taken by the Supreme Court when it was said that the proclamation of emergency was not a justiciable issue but was a political matter in substance. The amendment sought to put this judicial view in the form of a constitutional provision list the Courts might change its opinion at some future dat e. Now the 44th Amendment of the Constitution has repealed Article 352(5). The position has this restored to what it was before the 38th Amendment Act. It is therefore for the Supreme Court to decide whether it will treat the satisfaction for the President to issue a proclamation of emergency or to vary it or to conceive it as final and non judiciable or as being subject to judicial review on some grounds. Since the passage of the 44th Amendment Act of the Constitution, the question of judicial review of the President to declare or not to declare an emergency has not arisen as no emergency has been declared after 1975. In Minerva Mills[v], however Bhagwati, J., did express the view that whether the President in proclaiming the emergency under Article 352 has applied his mind, or acted outside his powers or acted malafide in proclaiming the emergency could not b excluded from the scope of judicial review. Bhagwati, J., also observed that the 38th Amendment which barred from being called into question in a court could be declared unconstitutional as being violative of the basic structure of the Constitution. Further after the Supreme Court decision in Bommai[vi] by Bhagwati, J., in Minerva Mills. [vii]held that the Constitution seeks to control the exercise of the power of proclamation of an emergency in two ways: (a) The President must act on the advice of the Central Cabinet and not in his own subjective satisfaction and not on the advice of the Prime Minister alone. Thus the effective way to declare an emergency lies in the Cabinet. (b) the democratic control over the executive power in respect of proclaiming an emergency has been strengthened in so far as parliamentary approval is necessary for the proclamation immediately after it is made and then after every 6 months.[viii] But the safeguards may prove tenuous in practice because the government enjoys the support of the majority party and the Cabinet functions on the principle of Collective res ponsibility. A strong willed Prime Minister may dominate his cabinet as well as the party and thus mobilize support for the emergency even though in effect there may be no need for the same. It appears essential that a limited judicial review of the exercise of the power to proclaim emergency remains available. This extra parliamentary check is extremely important for safeguarding democracy in the country.[ix] When a Proclamation of emergency under Article 352(1) is declared the following drastic consequences follow: (a) there is a transformation in the behavior of the Indian federalism. The normal fabric of the Centre-State relations undergoes a fundamental change. Parliament makes laws with respect to any matter in the state list and such a law operates till six months after the proclamation ceases to operate [Article 250]. It thus means that the normal peace time distribution of legislative powers is practically suspended so far as Parliament is concerned. The State legisla tures continue to function as usual and may make any law in their assigned areas viz the List II and III but Parliament becomes empowered to legislate even in the exclusive state sphere as a result of the Proclamation of emergency. Parliament can meet the emergency by any passing any law that it may regard necessary without being trammeled by the scheme of distribution of powers.[Article 250(1)] and a Central law would override a State law even with respect to a matter in the State List [Article 251]. Article 359 states during emergencies, the enforcement of the rights under Article 20 and 21 cannot be suspended. The life of a law enacted by Parliament during the proclamation of emergency ceases to operate on the expiry of six months and the normal scheme of distribution legislative powers is fully restored. [x] (b) Further the Centre becomes entitled to give directions to a state as to the manner in which it is to exercise its executive power [Article 353(a)]. Since Parliamen t can make a law even in the exclusive state field it means that the Centre can give directions even in the area normally allotted to the State. Parliament may confer powers and impose duties upon the Centre or its officers and authorities even though the law pertains to a matter not in the Union List [Article 353(b)]. a) When an emergency is declared not in the whole of India but only in a part of India, the executive power of the Centre to give directions and the power of the Parliament to make laws as mentioned above, extent not only to the State in which the territory under emergency lies, but also to any other state if and so far as the security or any part of the territory thereof is threatened by activities or in relation to the part of the territory of India in which the proclamation of Emergency is in operation[Proviso to Article 352]. This provision means that in such a case, directions may be issued by the Center to the States which are not included in the Proclamat ion of Emergency. This provision has been inserted in the Constitution in order to make emergency effective in the area where it has been imposed by restricting undesirable activities in the adjoining areas. Miscreants could not be allowed to take advantage of the fact that the Proclamation does not relate to a particular spot where such activities are for the time being, being carried on. b) While the Proclamation of emergency is in operation, the President may direct that any provision (Articles 268 to 279) relating to the distribution of revenue between the Centre and the states, subject to any changes which he thinks fit. This provision frees the Centre from its obligations to transfer revenue to the States so that its own financial capacity remains unimpaired to deal with the emergency. An order suspending distribution of revenue is to be laid in the two Houses of Parliament and it would remain in force beyond the end of the financial year whereby the proclamation of emergen cy comes to an end. c) During an emergency, Parliament can also levy any tax which ordinarily falls in the State list [Article 250]. Thus, although the State Governments continues to operate the Central Government becomes omnipotent and the normal distribution of legislatives, executive and taxing powers and the scheme of distribution of revenue between the Centre and the States are all undone so far as the Centre is concerned. The reason is that during an emergency the Centreà ¢Ã¢â€š ¬Ã¢â€ž ¢s financial need becomes greater than its peace time commitments and therefore the normal financial arrangements between the Centre and the States cannot continue to function. d) As has already been pointed out, during the proclamation of an emergency the life of the Lok Sabha comes to an end, this provision enables the same to be extended for the period of emergency. e) Parliament may by law extend the life of State legislature by one year each while an emergency persist in a state , subject to a maximum period of six months after the emergency ceases to operate [Proviso to Article 172]. f)The proclamation of an emergency also effects the Fundamental Rights. Article 358 states that during an Emergency of the six freedoms guaranteed to the citizens of India by Article 19 of the Constitution would be suspended and the State can make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19 of the Constitution. The first imposition of the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 came in June 1951 when the Punjab Government was superseded despite its enjoying majority support in the Assembly. The real motivation was said to have been the need to resolve internal Congress Party differences. Again, in July, 1959 the Communist Government in Kerala faced the axe even though it had the full confidence of the State Assembly. The step was necessitated to protect the democratic principles of the Constitution wh ich were believed to be violated by the Communist Government.[xi] In 1967, without losing the confidence of the Assembly, the then Haryana Government was dismissed and Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule imposed. Large scale defections, instability of government, political corruption etc were mentioned as the grounds. The most bizarre use of Article 356 was when on a single day, on 30 April, 1977 following results of general election to Lok Sabha, as many as nine State Governments ruled by the congress were taken over by the Jananta Government in New Delhi. Similarly, following the results of mid-term elections to Lok Sabha in January, 1980, proclamations under Article 356 were again issued on 17 February in respect of nine Non-Congress ruled States. Following the demolition of Babri Masjid on 6 December, 1992, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed on four BJP ruled States. In Bommai [xii], the Supreme Court held the exercise of power under Article 356 was subject to jud icial review, if the Court found the imposition of Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule unconstitutional, it could order restoration of the dismissed State Ministry and revival of the dissolved Assembly. However, in the case of Karnataka and some other States where fresh elections had taken place and new governments formed, the Court did not order restoration of the old Assembly and Government, even though the proclamation was found to be unconstitutional. In the case of BJP states, proclamation was held to be unconstitutional on the ground that secularism was a basic feature of the Constitution and any government that acts against principal of secularism violates the Constitution and Article 356 can be invoked against it. In 1999, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed in Bihar under Article 356 on the grounds of serious failure of law and order. The BJP led Union government could get the proclamation approved by the Lok Sabha but failed in the Congress majority Rajya Sabha. The proclamation had to be revoked and Bihar government restored.[xiii] In the years 1997 and 1998, the Union Government headed by Gujral and Vajpayee respectively, advised the President to take over the administration of U.P. and Bihar on grounds like corruption, bad government, failure of law and order, spread of violence, defections and crime even though both the State Governments enjoyed the confidence of the their respective houses. The Union Cabinet reiterated its advice and the President accepted it. Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 was proclaimed in U.P. on 9 March, 2002 on the ground that the public verdict in the general election was fragmented and no party was able to satisfy the governor of a stable majority. The most recent controversies were the developments in the three States of Goa, Jharkhand and Bihar, 2005. The Supreme Court had declared the unconstitutionality of the dissolution of the Bihar Assembly while simultaneously allowing the election process for a new Assembly to continue.[xiv] Also on 28 February, 2014 an Emergency was declared in Andhra Pradesh, when the Indian Parliament passed the Andhra Pradesh Reorganisation Bill, which was meant to carve out a separate Telangana state. Also on 14 February, 2014 in Delhi Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rule was imposed when Arvind Kejiriwal resigned as Chief Minister after failing to table the Jan Lokpal Bill in the Delhi Assembly. Article 355 imposes a twofold duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the Government of every state is carried on in accordance with the provisions of the Constitution. Article 360 states that when the President is satisfied that situation has arisen whereby the financial stability or credit of India or part of the territory thereof is threatened, he may make a declaration to that effect. The 44th Amendment makes Article 360 self contained. Such a Proclamation can be revoked or varied by the President by a subsequent Proclamation. But if the Lok Sabha is dissolved during that period of two months and resolution is approved by the Rajya Sabha, but not approved by the Lok Sabha the Proclamation shall cease to operate at the expiry of the thirty days a resolution approved by the Lok Sabha is passed by the Lok Sabha.[xv] During the period when such a proclamation is in operation, the executive power of the Central government shall extend to giving directions to any State specified in the direction and deemed necessary by the President for maintaining financial stability and the credit of the state. Such direction may include reduction of salaries and allowances including the judges of the Supreme Court and High Courts. The period of financial emergency will be in operation for two months and unless approved by President, it shall end at the expiry of the two months period. The Constitution of India is unique in respect that it contains a complete scheme for speedy readjustment of the peace time governmental machinery in movements of natural peril. The provisions may appear to be particularly in a Constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions must be must be studied in the light of Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s past history. India had her past glorious days whenever the Central power grew weak. It is far well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State and if there are no safeguards against such eventualities, the State together with all that is desired to remain basic and innumerable will be swept away. ENDNOTES [i] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 972-973. [ii] Bhutnath v State of West Bengal, 1974 AIR 806, 1974 SCR (3) 315. [iii] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 975. [iv] Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [v] S.R.Bommai v Union of India, 1994 AIR 1918. [vi] S.R.Bommai v Union of India, 1994 AIR 1918. [vii]Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [viii] T.K.Tope , Constitutional Law of India, Third Edition, p. 1028. [ix] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [x] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [xi] S.R.Bommai v Union of India, 1994 AIR 1918. [xii] S.R.Bommai v Union of India, 1994 AIR 1918. [xiii] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2228. [xiv] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2229. [xv] Dr.J.N.Pandey, The Constitutional Law of India, 49th Edition, 2012, p775-778.

Wednesday, May 13, 2020

Healthcare and the Homeless Geriatric Population - 738 Words

INTRODUCTION Within today’s constant debate on healthcare reform, lies a group of people who often go unnoticed: America’s homeless. For a long time, the homeless were amongst some of the very few who did not qualify for quality healthcare services. The new Obama Administration has established funding and programs that allot Americans free health care, however, not all are aware of how to receive these services. Most homeless individuals are not even aware that they have been made available. This research proposal will discuss 1) the issues concerning the homeless population and their health; 2) the reasons behind the homeless lacking proper knowledge regarding these changes and 3) the necessary accommodations that are needed to better acclimate and educate the homeless population on these changes. REVIEW OF LITERATURE Most of the homeless includes a population of elders aging between 50 and over. Being homeless raises the chances of them not being covered by health care (Kushel, 2012). There are a number of health issues that increase for those who are homeless and elderly. As they grow older, health implications continue to rise without the proper remedy to cure or prevent it. According to the United States Department of Health and Human Services, those who are elderly and homeless â€Å"are more likely to experience multiple medical problems and chronic illnesses that may have gone untreated for years† (United States Department of Health and Human Services, 2003). ForShow MoreRelatedNursing Philosophy : Nursing And Nursing Essay1660 Words   |  7 Pagesexperiences, clinical practice and practical training with existing healthcare personal an individual will develop confidence, form care-seeking skills, and become a kindhearted nurse as they actively work with patients. Environment The environment of nursing has also changed tremendously over the years. 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Because dementia as a condition with multifaceted symptomology manifested by advancing overall decline of cognitive ability, it causes severe and distinctive barriers to pain assessment and pain management in this subpopulation. The existence of multiple comorbidities, polypharmacy and the decliningRead MoreMock Strategic Plan For California Hospital Medical Center Essay3834 Words   |  16 PagesCalifornia Hospital Medical Center b) California hospital medical center (CHMC) is a member of Dignity health, a California based not-for-profit corporation located in California. Founded in 1986 by the Sisters of Mercy under the name Catholic Healthcare West, Dignity health operates hospitals and ancillary services in seventeen different states and it is the fifth largest health system in the nation. CHMC, is located in the South Park district of downtown Los Angeles. It serves the South CentralRead MoreThe Effects Of Effectual Daily Prayer On Mental Health5652 Words   |  23 Pages Contact: Diane.Bethmann@my.chamberlain.edu or Jwood@chamberlain.edu. Abstract The implementation of the Affordable Care Act has allowed numerous Americans to receive much-needed healthcare, but numerous gaps in mental health still remain. The baseline measure of adults who self report good or better mental health is 79.1%; the target objective is to increase the amount of adults who self report good or better mental health from 79Read MoreExploring the Relationship Between Physical Health and Mental Health for the Person with Dementia.5918 Words   |  24 Pagesperson with dementia and their family carers. The importance of having a focus on both physical health and healthy living will be discussed, and reflections of this being an area which is often neglected by health care professionals and the wider population as a whole will be made. Finally, a rationale for supporting a more holistic approach to the care and support of the person with a diagnosis of dementia will be presented and an overview of how this has been included within my own practice area

Wednesday, May 6, 2020

Should The Waste Of Class Time Doing Things - 1396 Words

As a college freshman, I sit in lectures and labs almost everyday and I look around at my fellow peers and see how many of them have their computers out. I notice that their faces are staring blankly into a laptop screen and as we are in a lecture I am completely confused. Shouldn’t they be paying attention to what is going on? We pay so much money to go to colleges and I look at some of the computer screens and see that they are not even taking notes or are on anything related to what we are doing in class. I asked some of my friends that go to other colleges and they say that they see the same thing. Why even go to class if you are not going to pay attention to the professor or what we are learning? Why waste in class time doing things that are not related to the class? We all know technology is changing everyday. As laptops are becoming more popular in today s society, especially in a college classroom setting, professors have noticed more and more students with their faces engaged on the computer screen and not the lecture. There have been recent studies that show in classroom use of laptops can affect students and their learning. Ultimately, it is up to the professor if laptops should be banned in the classroom, but it is the student s responsibility to take control of their own education. All the evidence supports that using laptops in class does inhibit the learning of students. Anyone can agree that when they go on the internet or computer to do a specific taskShow MoreRelatedEssay on The Leisure Class1176 Words   |  5 PagesTheory of The Leisure Class. New York: The Macmillan Company. Authors Purpose Thorstein Veblen initiated a new approach to economic theory that took account of evolving social and institutional contexts and considered their human implications. 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Class starts in an hour and her morning routine takes half of that time that she should use to finish her work. It takes her ten minutes to walk to class but she is running on no sleep; she needs twenty minutes to make it there on time. That gives h er ten minutes to complete her argumentative essay for College Writing, enough time to pull all of her ideas together. However, she slowly gives up, and while rubbing herRead MoreChaucer Tales: The General Prologue Essays1042 Words   |  5 Pagesthe estates through his seduction of women, his misuse of begging, and his disassociation with the class he should be living among. The ironic descriptions and estates satire of the Friar portray how corrupt the Catholic Church was at this time. The pilgrim Friar is in the class of the clergy, but acts as if he is of a higher class. He does not act as how a Friar should be; he is not who he should be. Any other friar is a man of God, they represent God and Gods actions. 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The Role of Local Culture and Context in English Language Teaching Free Essays

string(145) " states that the target language culture should be taught in ELT in order to help learners to acculturate into the culture of English countries\." The Role of Local Culture and Context in English Language Teaching -Mabindra Regmi The Relation between Language and Culture The structuralists portrayed language as an entity that could be segmented and through learning these segments, the totality would also be learnt. This method has been tested, challenged and in many cases discarded in the world of linguistics. The conception, propagation and inevitable discontinuation of ever new methods has prompted Sowden to express â€Å"there has indeed been methodological fatigue, leading many to the pragmatic conclusion that informed eclecticism offers the best approach for the future. We will write a custom essay sample on The Role of Local Culture and Context in English Language Teaching or any similar topic only for you Order Now (Sowden, 2007, p. 304). Perhaps, eclecticism is the right trend while implementing ELT methods. One of the factors that should be considered, however, is that there seems to be a deep connection between language and culture unlike the belief of the structuralists. The concept of language teaching now is that of concentration in what the learners learn or want to learn rather that what is to be taught. As the classrooms get more learner-centered, it can be assumed that the attitude and the initiatives from the learners’ side will be more prominent. Since a person is shaped by ones culture and local setting, we can assume that the importance of cultural context in language teaching will grow as learning becomes more learner centered. It is in conjunction with this shift of emphasis away from teaching and towards learning, that there has appeared a growing awareness of the role played by culture in the classroom. (Sowden C, 2007, p. 304) It is not only the learners that come with their own culture in the classroom, the teachers also bring their own culture. This is particularly true if the language teacher is not from the locality. Sowden warns the teacher â€Å"to be aware not only of the cultures of their students and their environment, but also of the cultures that they themselves bring to the classroom† (Sowden, 2007, p. 305). Thus, it can be seen, however inconclusive, that culture of both the teacher and learner plays an important role in the language learning environment and they have to be addressed for effective learning to take place. This intricate mutual relationship between language and culture may be the key to unlock the language teaching methodologies of the future. Whenever we talk about anguage and its use, it is important to figure out the relation between language and culture. There are few things we need to ask ourselves in this regard. Can language exist independent of culture? Is learning a new language (English) definitive of learning the culture of native speakers of English? Who are the native speakers of English? Will the culture of the native speakers be appropriate in the set ting of the language learner? Can language exist independent of culture? A language cannot exist in vacuum. It has to express some objective function when utterances are made or some text is written. When we do make use of language, the production made is generally about what we know or what we have experienced. What we know and experience mostly confines within the local setting that we have grown up and where we are residing. Thus, local context becomes inseparable from the use of language. Is learning a new language (English) definitive of learning the culture of native speakers of English? When we learn a new language, we need to adopt the culture of the target language to a certain extent because the cultural aspect comes amalgamated with the target language. But what about the learners? The learners have their own set of cultural experiences and objectives of using a language. They have their own cultural amalgamation which has to be addressed during target language learning process to make it meaningful and relevant to the learners. We can assume that integration of local culture and context is inevitable while learning a target language. Who are the native speakers of English? The distinction that makes a native speaker is generally very vague and often misleading. It might be important to look into the terminology if we are to explain what English is. A dictionary definition might say that native is belonging to a certain geographic location. In the case of English we must consider the fact that it is spoken in many parts of the world and more and more people are adopting it as the first language of communication. In this setting we must consider the appropriateness of calling certain speakers native and others not. Furthermore, even within the native speakers we find many varieties as in the British English, American English, Australian English, or South African English. If the English language is to be made a ruly global one, one must leave the notion of ‘native speakers’ behind. Will the culture of the native speakers be appropriate in the setting of the language learner? The culture and context of the learner and the native user of English may differ very contrastively. The traditional native speakers of English have their own cultural and contextual setting and it creeps into the language that they use. It should not be surprising thus, that the English used in non-native setting has the purpose of academia without much cultural interference. But can English have the same purpose if it were to only transfer the cultural and contextual nature of the target language? In order to make English learning a holistic experience, it is important that culture and local context are integrated so the learner has a more comprehensive grasp of the language. Different Views Regarding the Role of Culture in Language Class Different people have expressed their opinions regarding the role of culture in language class. Phyak, P has collected four such opinions from various personnel in his article integrating local culture in the EFL context of Nepal: An ignored agenda? The first view expressed by Byram and Flemming (Byram, 1997; Byram and Fleming, 1998) states that the target language culture should be taught in ELT in order to help learners to acculturate into the culture of English countries. You read "The Role of Local Culture and Context in English Language Teaching" in category "Essay examples" The second view expressed by Karchu, Nelson and Canagaraja (Kachru, 1986; Kachru and Nelson, 1996; Canagarajah, 1999) opines that there is no need of teaching target culture especially in the contexts where different institutionalised varieties of English are in practice. Similarly, the third view by Kramsch and Sullivan (Kramsch and Sullivan, 1996) states plainly that ‘local culture’ in TEFL should be taught. Finally, the fourth view by Alptekin, Jenkins and Seidlhofer (Alptekin, 2005; Jenkins, 2005; Seidlhofer, 2001) says that since English is a lingua franca, it should be taught in a culture-free context. In the same article Phyak gives a fifth opinion regarding the use of culture in language class by assimilating the highlights of the above opinions where he advises the teachers to use both target and native cultures with priority to local culture (Phyak, P). Whatever the views of applied linguists all over the world, we cannot disregard two core realities. The first is that while learning a second language, the influence of the culture of that language is inevitable. The second fact is that the learner of second language comes equipped with the culture of the first language. If no association is made between the culture of the first language and the learning of the second one, the learning will not be as effective. Therefore, inclusion of local culture and context should be more prominent in the initial phases and gradually gear more towards the target culture so that the integration is seamless in the end and language skill transition is more comprehensive. English as an International Language Hegemony of English language is a global phenomenon and the onset of modern technology, the computer; and as the choice language of the academia will further strengthen it. Eventually, the spread of English will probably be the root cause for disappearance of majority of world languages. Having said that, one must accommodate the fact that the use of English in international communication is increasing, and thus, it is gaining momentum as being an international language. The rise of English as an international language has created many concerns among the laymen, experts, anglophiles and chauvinists alike. The concerns can be divided into two factions. The first leads us towards convergence of all world languages into one giant English language. Because of the advent of printing, and more recently, media; languages, specifically English; are being standardized so that there is uniformity in the manner we write and speak. Many believe this to be a positive step towards world unification. There may be advantages to uniformity, but the question is; does it outweigh the disadvantages that it might bring in the form of ‘language death’ as expressed by David Crystal or loss of identity? The other faction is made up of personnel who are asking this very question. The prominence of English might be an indicator of decline of other languages. When a language is lost, it is not only the means of communication that is lost with it. There are contextual and cultural associations with languages, and in addition; it also forms the corpora of accumulated knowledge of a community. All this will also be lost with the dying language. Moreover, there is a strong affinity of the language with the identity of a person or a community. Although English may provide with alternate identity, as shall be discussed later in this paper, the primary form of identity shall be lost, especially if the learning of English is subtractive in terms of the first language. Discrepancies aside, internationalization of English is inevitable. The question now remains is how we are going to bring about policies for other languages that are in existence. In order to understand why English is fast becoming a global language, we must try and analyze why is it important for us to learn English. There are many reasons why an individual would want to learn English. i. English may be a factor for obtaining better employment opportunities. ii. English is the medium of communication for business, recreation and competitive tournaments. iii. English is almost mandatory for learners pursuing higher academic achievements and publishing of one’s findings. iv. The knowledge of English may provide higher social standing or identity in many cases. We can see that English language empowers a person both in terms of social and material power. Thus we can see the attraction towards learning English. The choices that the language communities have is either to have subtractive learning of English and forget one’s own linguistic heritage, as is happening mostly in developing countries like Nepal; or to make the learning process additive by retaining one’s own language intact. It can be assumed that the later alternative is more acceptable. The reason for the long windedness of the explanation above brings us back to the core discussion of this paper: local context and culture in teaching or learning English. Now as we have made a huge circle from the inevitable internationalization of English to the better alternate of additive learning of English; it is time to ponder over how we are going to teach English language. English Language, Local Culture and Social Identity If we want to have mastery over English language, then I believe we must find a way to make the language practical to its learners. Just reading the literature of the language or using the language in stereotype British or American cultural setting will not hold much significance to the learner of English as a foreign language. What needs to be done is to bring about association between the language being learnt and the experience of the learners. This will provide platform for practicality of the language being learnt. In order to understand why local context and local culture must be integrated into teaching of English language, we must also be familiar with how culture and local context plays a role in language learning. Culture and Language Reflect each other The common notion regarding the purpose of language learning has been related to communication. Because of the researches done in sociolinguistics and discourse, we should consider the fact that language is not only ‘understanding’ what the other person is expressing but it is also necessary that we understand the text at a discourse level where cultural and individual background conveys deeper meaning to the language items used. Language is not only communicating with words but we have deep rooted cultural and contextual schemata and frames which are reflected in the language that we use. Thus it is important to analyze the meaning of discourse at cultural and contextual level. The reason that we should consider the Frame and Schema theories of discourse analysis when talking about the language is that if we are not able to express or comprehend the schema created through cultural setting, only understanding the text in communication will not be able to justify the meaning that should have been understood. Only through associating and integrating the language that we are trying to learn (English) into social and cultural setting shall we be able to exploit the nuances of the expression made in a language. Englebert believes that there is a cultural variation between the learner and the language and that the â€Å"teacher hosting foreign students must come to terms with the fact that those students are immersed in a culture with which they are not familiar, and that they bring with them not only their limited knowledge of the language, but a myriad of assumptions based on generations of cultural indoctrination†. (Englebert, 2004). These assumptions based on â€Å"cultural indoctrination† are at the core of schema of the learner. Not only the culture of the target language but even the prescribed packaged methodology might create confusion in teaching English as a foreign language. In her study among the Asian students studying in New Zealand, Li found that â€Å"the interactive teaching methods adopted by New Zealand teachers are culturally incompatible with Asian students’ learning conceptualizations. The findings suggest that some teachers’ adoption of the communicative or interactive teaching approach led to Asian students’ negative learning experience in New Zealand† (Li, 2004). This shows that the cultural background and the mindset of the learner should be considered while teaching English. Subsequently, it also indicates the integration of local context and culture of the learner for smoother and more effective teaching learning experience. If the learner of English is only familiar with her own experience based on her own cultural and local setting, trying to incorporate a different language with a different setting will make it literally ‘foreign’. The ‘foreignness’ can be significantly eliminated if local context and culture of the learner is being used in the target language. Thus integrating the cultural and contextual setting in language learning will be important. English Language and Social Identity Bonny Norton has explained that in the current social situation, English language helps create a more powerful identity for the individuals because of the advantages associated with the proficiency of English Language (Norton, 2007). She further explains that construction of identity through learning English are complex and dynamic. The five examples that she has taken in her article all give different perspectives people have for English language based on their cultural and contextual backgrounds. If individuals from different social and ethnical backgrounds have different concepts about how English should be taught and learnt, then we can assume that it is the experience of the learner that is influencing such perspectives. An individual is the product of the local culture and context, so we cannot ignore the importance of inclusion of local context and culture in English pedagogy. Norton recommends that we should not overlook the focus on individual account while teaching English. She further explains that the researches on language teaching and identity is fragmented and it has to be made more organized, and if English belongs to the people who speak it, expansion of English in this Global era is better (Norton, 2007). Inclusion of Local Context and Culture in ELT in Nepal Along with the gathering momentum of inclusion of local culture and context in language teaching across the world, an initiative has been started in Nepal where linguists and social activists are advocating for inclusion of local context and culture, namely, ethnic languages in mainstream education. Alongside with this initiative there are many linguists and teachers of English language who are advocating for inclusion of local context and culture in English Language Teaching. The problem that the Nepali society is facing is how to bring about the implementation of such content and context in English language. Looking at the coursebooks and educational materials, it is evident that the English teaching is heavily influenced by the culture of target language users. Although some content and stories seem that they have local context, but the exercises that follow again reflect to the target language culture. On the other hand, the teachers are also imparted trainings and education aligning with the target language culture. In this ambience, it will be difficult to implement inclusive local content and culture while teaching of English. In order to overcome this impasse, some measures can be taken so that there is a momentum towards progressive implementation of the discussed issue. First, the language policy makers and the educators of the country need to come together to make a master plan on how to develop materials, train teachers and set objectives on inclusion of local culture and context in ELT. Only when a concrete set of objectives and a clear vision of the implementational procedures have been codified, the initiative can move forward. Second, there has to be a mass drive for collection of local content in the form of stories, poems, articles and the like which also reflects local culture. The content corpus has to be exhaustive so that all the major aspects that need to be covered are covered. Agencies like Nepal English Language Teachers’ Association, NELTA, can be instrumental in taking the necessary initiatives. It is wise to include people from different academic, professional, age group, ethnic, gender, and geographical backgrounds to make the corpus comprehensive and complete. Third, the gathered content has to be carefully cataloged, edited and selected for practical use. There may be many ways by which the content can be used. The content can be an integrated one where a little of everything is included, or it might also be ethnic or locality specific where different communities make use of different relevant parts of the corpus. The fourth, which might also be the most important, is to enable the teacher of English to believe that local content and context is not only necessary but is the most effective way of teaching or learning a language. The teacher should also have autonomy to develop content from her own locality adjusting to the need of the learners there. Perhaps the most difficult part of this endeavor will be to discard the prevalent target culture based content in favor of local culture based one. But once the importance is felt and the initiative commenced, language learning process will take a meaningful and applicable turn. The learners then will not be learning English in vacuum but they can associate their own life experiences to the language being learnt. Finally, a monitoring and evaluation mechanism should be developed in order to judge how successful the implementation of the initiative has been. The monitoring and evaluating body can also make necessary changes in the whole process as the problems arise. Association and Comprehension through Local Context in ELT If there is association between the local context and culture, and English Language teaching; the learners might benefit in many different ways. As Lengkanawati states â€Å"we can conclude that the choice and the intensity of using language learning strategies is influenced by many factors, one of which is the students’ cultural background† (Lengkanawati, 2004), the association of local culture and English language teaching might help the learner build better learning strategies. It will lead the learner to grasp deeper meaning of the target language and use it efficiently and productively. Moreover, the differences that lie within the variations of English will make the learner appreciate that context and culture are essential for language learning. All this will lead to a global culture where one retains her native culture while learning that of the target language and thus of the whole world. We have discussed previously about the nature of association between language and culture. In addition, we also discussed about the emergence of English as an international language and the advantages of learning it. Then we went on to how local context and culture can be integrated into teaching English in Nepal. Now, we shall focus on advantages there might be in integrating local context and culture while teaching English in three different stages. The association of local context and culture can be done in three levels: using local context and culture while learning English, Using the context and culture of the target language, and integrating the two cultures to create multicultural or global comprehension. 1. Using the local cultural and contextual setting while learning English. Using local context and culture will enable the learners to grasp the deeper meaning of English because they can associate the cultural and contextual meaning that they are familiar with. In Barfield and Uzarski’s findings, â€Å"the classroom observation showed that students in pair and group works were more interactive when they had to discuss on their local cultures than when they had to discuss on different stories or texts which they were not familiar with. † Contextualization will further enable the learner to be proficient in the language at a faster pace. The learner will understand how a different language is not very different from one’s own. This methodology needs to be applied on the learners at least at the beginning. The learners must be given ample opportunities to interact in the target language. This is only possible if the content that is being used is related to local context or culture. If target language culture is given as a topic of interaction, the learners may have nothing to contribute and will be less willing to proceed further. 2. Using the culture and context of the target language The users of the target language are varied. There is no single context or culture that defines a language like English. Therefore, it will be difficult to identify the target culture when we talk of English. This also indicates that even within the same language there is influence of local context and culture. This will make the learner understand that the language is not entirely free from the culture and context of a community. For example, we can take metro English that the Londoners’ use. It is very different from the traditional Standard or BBC English that we learn in Nepal or the other parts of the world. Sometimes there is a discrepancy in lexical meanings and pronunciation too. A pavement for the British might be sidewalk for the Americans. A mate is a friend in Australia and spouse in England. The fact that even among the native speakers of English in different countries the linguistic items have different meanings will enable the learners to realize that culture or local context is the key factor in using and understanding a language. It will also give an insight that language is culture and context specific and not medium specific. To clarify this statement we can safely assume that the people coming from same cultural and contextual setting will share more meanings than people from cross-culture sharing the same language. This demarcation will be of vital importance because the learner will be able to comprehend that to understand a person is not only understanding the language but understanding the local context and culture as well. It will further inspire the learners of English to be familiar with different cultural settings of the people that use the language. This kind of interpretation of language should be carried out at intermediate and advanced levels where the learners have been made familiar of the inclusion of their own cultural and local contexts while learning English. 3. The emergence of a Global culture When more and more people start becoming familiar with the local culture and context of more and more places, then a common, integrated culture will emerge. This is the Global phenomenon that has been extensively discussed in every sphere of modern human civilization. This global concept of the language and cross-cultural integration should be the ultimate outcome of language learning. When we are able to identify issues of global importance and contribute to it in a local way, then we will be adherent to the post-modernist maxim of â€Å"think globally, act locally†. This is a concept that might be difficult to understand for many learners. There is also a paradox of going local to harbor a global outlook. This in turn complicates the nature of language that we use in the modern world. The learners of languages, and specifically of dominant language like English, should consider the integration of local context and language. Considering the complexity of the process and inputs, learners of the tertiary level of English should be taught at this comprehensive level. Assimilation of Various Cultures for Global Interpretation Barfield and Uzarski have a very interesting notion regarding language integration when they opine that even if an indigenous language is lost, which is happening at an alarming rate all over the world, through integration it can be preserved within another language like English. Interestingly, despite the loss or future loss of an indigenous language, the â€Å"roots† of that indigenous culture can be preserved through the learning of another language, such as English. (Barfield and Uzarski, 2009) This is one notion that can be construed as positive aspect of assimilation of local culture into a Global one. Even though we might have strong opinions regarding local languages and cultures that we have inherited, and feel strongly towards dominance and ultimate displacement that a language like English will do to other local languages, the only way to actually save a part of the culture and local form of language might be through English. In order to achieve this, it would be important to integrate local context and culture in teaching languages like English. On the other hand, because English is fast becoming the lingua franca of the world, there should also be a global ownership of the language. If we consider only one of the cultures of the native speakers then the globalization of the language will not be possible. In order to truly make a language like English a global one, and for all the cultures to feel that they are also a part of this global phenomenon, integration of local culture and context is important. So, at the end, every individual language community can feel the ownership of global English through integration and assimilation. Contrastively, the cultural and local contexts of societies that use English language are varied and it would be impossible to integrate everything about all the cultures. To make it comprehensible in the global arena, we should find out commonalities that exist in all the cultures and localities across the world and try to establish a common contextual and cultural condition for the language to evolve into a Global Language. Such understanding and cohesion will provide â€Å"the abilities to perform effectively and appropriately with members of another language-culture background on their terms† (Barfield and Uzarski, 2009). Conclusion This article has assumed certain developments in English language based on current global trends. It has assumed that English is fast becoming a global language and it will become more so in the future. It has also assumed that the local languages will decline and decay in the face of English as their adversary. Considering these base assumptions, the article has provided insight into understanding the importance of English language and equal importance of using local context and culture while teaching English. In conclusion, we can reaffirm the essence of the whole discussion in the following manner: first, we need to understand that we use English as a method of communication and this language is fast becoming a global anguage. Because we use it in our communication, the language cannot be excluded from the local context and culture because they are what we are likely to be communicating about. There may be differences in opinions regarding how or if local context and culture should be used in teaching English, but it is essential that we integrate local context and culture. Se cond, use of local context and culture in teaching English will depend on the nature of the local setting. Same system may not be applicable in all communities. Therefore, how the integration is to be done should be tailored to suit the needs of a particular community or a country. In case of Nepal, this can initiate with development of content corpus based on multilingual communities existing in the country and making a broad plan on what and how to integrate the content thus collected and selected. Third, the use of local context and culture can be done following a procedural format where local context and culture can be given more priority in the earlier stages of learning English language. Slowly, learning of the culture and context of the target language is to be achieved for more comprehensive understanding. When integration is done among various communities and language groups, then English will emerge as a true global language with global ownership. Finally, we should also consider the possibility that many present languages of the world might one day die. And the only possibility of its context and culture to be passed on may be through integration into a dominant language like English. All these expositions make the use of local context and culture in English Language Teaching a necessity. How to cite The Role of Local Culture and Context in English Language Teaching, Essay examples

Passionate Destruction a Comparison of Wuthering Heights and Twilight free essay sample

On the other hand, there is the Twilight saga by contemporary young adult author, Stephanie Meyer. She brought forth a new kind of vampire who is not destroyed by sunlight but instead is transformed into a mesmerizing diamond studded Adonis. The love of Edward and Bella is all consuming and, in many, cases painful. With the happy ending Catherine and Heathcliff never got, is it truly possible that these two novels have anything in common? The evidence proves that it is. Despite having been set many years and miles apart, Wuthering Heights and Twilight have many similarities in the authors’ exploration of unhealthy relationships, masochism and insanity. Be it real or fiction, relationships are volatile cocktails of love, lust, honesty and secrets. There are the healthy ones that benefit both parties and protect them both from constant harm. In Wuthering Heights and Twilight we see examples of unhealthy relationships. These relationships always include more than the two people involved, are complicated and the people involved seem almost eager to hurt themselves and each other. Catherine and Heathcliff are the ultimate anti-love story. They are two people cut from the same cloth, both cruel, masochistic beings that enjoy inflicting pain upon themselves and others. Though Catherine says she is completed by Heathcliff, she marries Edgar Linton. Edgar is not much better than either Catherine or Heathcliff. He is solely devoted to his wife who is in turn, obsessed with another man. To simply complicate things, Bronte? throws in Isabella Linton who is infatuated with the man she believes Heathcliff to be. Heathcliff marries Isabella not for love but revenge, to torture Catherine and Edgar. This is not wholly different from the relationships in Twilight. Bella is a simple minded girl who becomes infatuated with Edward, a century old vampire who feeds on animal blood. As with Edgar being thrown in to complicate things, in comes Jacob Black, a shape-shifting Native American. He is in love with Bella and pursues her endlessly starting in New Moon and continuing into Eclipse and the first two thirds of Breaking Dawn. This only ends when Bella gives birth to her daughter, Renesmee. Upon sight of the newborn, Jacob imprints on her, effectively linking himself to the child in a relationship that will become romantic at some point in the rather near future. To summarize, there is a woman obsessed with one man, but marries another and a girl who marries a man who sees her as revenge in Wuthering Heights. In the Twilight saga we have two men in love with one simple girl and a seventeen year old boy involved with a baby. All the while these couples are doing nothing but inflicting pain upon themselves and the people they are involved with. For the characters of these novels, the infliction of physical and emotional pain upon themselves and others is nothing new. Whether it is Catherine breaking Heathcliff’s icy heart with her marriage to Edgar or Heathcliff remaining near Catherine though she is married and with child by her husband, they inflict pain upon themselves and those who care for them. Then there is Edgar Linton who is deeply in an obsessive love with Catherine Earnshaw and still he remains with her though she has only room for one man in her lost soul. While Wuthering Heights has a focus on emotional masochism, Twilight uses both physical and emotional pain to further the self destruction of its characters. Edward, the vampire, falls in love with Bella, the human whose blood sings to him. According to Edward, every vampire has a human or two whose blood they cannot resist and, for him, it is Bella Swan’s that acts like a drug to him. A cocktail of plasma and cells that is specifically designed to make him act like the animal he believes himself to be, but he denies his cravings at a cost. When a vampire in Twilight is hungry their throats get dry, causing a painful burn. This is something the Adonis that is Edward Cullen must face whenever he is with his â€Å"la tua cantante†. Edward is not alone in his masochistic ways. Bella inflicts her own emotion self harm when she supposedly falls in love with a vampire who will not turn her and let her remain with him for all of eternity. Later, in New Moon, Edward leaves Bella for her own safety and instead of letting him go, she sinks into an almost zombie-like depression. She is revived by Jacob, but the life she has with him does not last as she finds Edward and leaves Jacob on the sidelines. This doesn’t stop Jacob’s feelings for Bella as he continues to be around her in Eclipse and Breaking Dawn. The fourth novel in the Twilight saga brings the pregnancy of Bella, a pregnancy that is almost guaranteed to kill her. Jacob must sit back and watch as Bella kills herself to carry her daughter to term. This is similar to how Heathcliff sat back and watched Catherine grow with Edgar’s child and then die giving birth. Obsessive relationships, stalker tendencies and the enjoyment of self destruction are enough to convince almost anyone that these characters are insane. This is not the end of their lack of mental faculties. Insanity is the abnormal behavior of an individual. Within Wuthering Heights and Twilight, we see insanity in more characters than simply the main four. In the classic novel we see Catherine Earnshaw’s brother, Hindley, lose his mental faculties at the loss of his wife, Frances. He fell into a deep depression, abandoning his newborn son and falling into a self-destructive cycle of drinking and violence until it killed him years later. Hindley’s actions speak of an obsession with his wife. As much as he wished to be with his wife, it does not hold a candle to how obsessed his sister was with Heathcliff. How obsessed does a person have to be in order to consider themselves the same as them? Catherine goes so far as to claim to be Heathcliff in a conversation with the nanny, Nelly Dean, as shown in the following excerpt: My great miseries in this world have been Heathcliffs miseries, and I watched and felt each from the beginning: my great thought in living is himself. If all else perished, and he remained, I should still continue to be; and if all else remained, and he were annihilated, the universe would turn to a mighty stranger: I should not seem a part of it. My love for Linton is like the foliage in the woods: time will change it, Im well aware, as winter changes the trees. My love for Heathcliff resembles the eternal rocks beneath: a source of little visible delight, but necessary. Nelly, I am Heathcliff! Hes always, always in my mind: not as a pleasure, any more than I am always a pleasure to myself, but as my own being. (Bronte? , 1943) Though she marries Edgar, it is not for love, but to help elevate Heathcliff’s standing, not believing he could do anything like that himself. The subjects of loss and obsession are also very present in Twilight. At the loss of her mate, James, in the first novel, Victoria, a carnivorous vampire, spends the next two books in the Twilight saga planning and attempting to kill Bella as revenge against Edward. In Victoria’s deranged mind, it is just: one mate for another. However, it must be asked: how much of a mate did Edward consider Bella at this point? Arguably the reason Bella fell into a depression in New Moon was not at the loss of her own lover, but at the loss of her potential future. Many times throughout the Twilight saga it seems as though Bella is not in love with Edward so much as she is in love with the idea of him and what he could give her. Who would not drink blood in exchange for being immortal? Vampires have become the romantic heroes of the fictional world, many even taking it a step further and pretending to be these immortal lovers. After the first book, Twilight seems to be little more than Bella trying to get Edward to turn her into one of the mythical night time predators. Bronte? ’s Wuthering Heights and Meyer’s Twilight are simply two sides of the same coin. Though they take place centuries and continents apart, the evidence is conclusive, they are similar. Both authors advocate unhealthy relationships, doomed and obsessive love. They both use their characters to inflict damning pain upon the characters themselves and the people they interact with. As if that were not bad enough, they bring to light the insanity that comes along with such self-destruction. Though they add drama for entertainment value and one delves into the supernatural, the main ideas of these novels holds true for the world today. Love is an all consuming thing and with it comes pain for those involved. It is simply unavoidable.

Monday, May 4, 2020

Implementation of Evidence based Nursing-Free-Samples for Students

Question: How does evidence based practice improve patient outcomes? How evidence is based practice applied theoretically and clinically? Answer: Evidence-based research (EBP) in nursing involves collection, evaluation and implementation of medical data that would help improve the care service and outcome of the patient in a healthcare setting (DiCenso, Guyatt Ciliska, 2014).Clinicians and registered nurses rely on their own experience and expertise to analyze research findings that would benefit patients. EBP understands the patients requirements, preferences and values while respecting boundaries and provides a safe clinical service (LoBiondo-Wood Haber, 2017). It has to be kept in mind that registered nurses have a big responsibility when it comes to patient safety and care, even if doctors and perform first hand assessment of the patients situation before nurses. So, the Position Statement for this paper is: Registered Nurses are required to critically analyse a situation and formulate a strategy based on best available evidence- Standard 1 of Nursing and Midwifery Board of Australia. There are many benefits of implementing evidence based practice in nursing like, predicting better patient outcomes, improving the safety measures for patient as well as improving the quality of life (Cook, Tankersley Landrum, 2013). The recent development of the healthcare industry has made patient demand state of the art treatment which has to be provided with efficiency (Cook Odom, 2013). The whole basis of incorporating research in clinical practice is to ensure that the best possible treatment is provided to the patients with minimum damage in the shortest possible time. According to Standard 7 of standards of practice NMBA, nursing staffs are expected to critically evaluate the patient outcome of the patient and take responsibility in doing so as well as planning and assessing the situation which cannot be done without having a prior research based on evidences and develop nursing wisdom (Nursing and Midwifery Board of Australia - Registered nurse standards for practice, 2015 ). Certain medical conditions make it difficult for nurses to treat patients, for which they rely on traditional guidelines to avoid risk of mis-assessment (Kavalieratos et al., 2014). Treatment of critical care patients is such a situation, in such cases nurses only rely on the age old methods to help the patient recover. The common practices nurses follow in a critical care are as includes, helping the patient turns in a position where maximum air can be inhaled, Administering the patient with sedatives that help them sleep in critical care conditions so that the body can function without any tension, When dealing with infant or child, the critical care nurses always prefer feeding tubes, Critical care nurses always make sure to prevent the venous thromboembolism in the patient to avoid complications. Research helps to develop knowledge about current issues and how can that be dealt with. In nursing as well, importance of research cannot be denied (Gray et al., 2013). The practice of implementing research findings in clinical practice develops the analytical assessment abilities in a registered nurse. The clinical expertise like wisdom, reasoning, understanding patient history analyzing patient data, collection of those data and utilizing the resources available make influence the clinical decision making process of the nurses (Brownson, Colditz Proctor, 2017). Understanding the importance of patients preferences and values regarding the treatment also ensures the establishment of trust in the patient-care giver paradigm (Schneider Whitehead, 2013). It is the duty of the nursing staff to maintain the homeostasis of the patient-caregiver relationship transparent so as to ensure better care service (Dawson et al., 2014). All this affect the well being of the patient and ensures th e positive outcome of the patient care. It is generally preferred to perform EBP as it is known to reduce risk of rehospitalisation, progression of a chronic diseases, cost of treatment, reduce post operative complication, infection and spreading of diseases from an infected patient. Prevention of wrong medication administration and gap in patient handover is not possible without evidence based practice (Hoffmann, Montori Del Mar, 2014). According to Standard 6 of the NMBAs RN standards, an RN Provides safe, appropriate and responsive quality nursing practice, by meeting the goal of patient care and adhering to their own scope of practice to provide patient with safe and quality of service and minimize risk of assessment (Nursing and Midwifery Board of Australia - Registered nurse standards for practice, 2015). Theoretical knowledge helps develop am framework for nursing strategies that could be gathered from traditional knowledge, authoritative advice and current scientific data. The concepts and theoretical understanding create the basic knowledge needed for clinical assessment in care givers (Thomas Law, 2013). The development of reasoning skills of deduction, innovation of ideas and inductive reasoning develops from general assumptions is facilitated by theoretical knowledge (LoBiondo-Wood Haber, 2017). This helps to apply a direction for a common goal, leading to develop strategy for improved patient care and rationale to take clinical decisions. It is important to develop the EBP to promote change in the healthcare institution. The integration of EBP in the clinical practice can be done by formulating a framework of care plan. Incorporating scientific analysis into the care plan has become a necessity in todays day and age. The following step is to develop a set of questionnaire that will help both the nurse and patient cooperate and devise a clinical action. The main parameters of this questionnaire are as follows- P: type of patient and population which includes a patients ethnicity, race and problem, I: interventional procedure and treatment method, C: considering alternative methods of treatment in case the patient does not respond properly to the current regimen, O- deciding for the outcome of the treatment and T: stands for deciding the timing of the treatment (Melnyk et al., 2014). The similar practice is set by the standards of NMBA, Standard 5 when an RN Develops a plan for nursing practice, this plan of action requ ires understanding of the patient situation, formulate a contingency based of the available evidence that comes from prior research will only help in the betterment of patient outcome (Nursing and Midwifery Board of Australia - Registered nurse standards for practice, 2015). According to the standards of registered nurses set by the Nursing and midwifery board of Australia (NMBA), The standard statement 1, it is expected of a registered nurse to use a variety of clinical strategies from the best option available while making clinical decisions to provide safe, and quality care by using patient centric, assessments using frameworks of evidence based practice guidelines (Nursing and Midwifery Board of Australia - Registered nurse standards for practice, 2015). The International Council of Nurses (ICN) Australia, Clause 3 of also has a set of Code of Ethics for nursing staff, which states that evidence based practice is the root cause that defines the activity of a registered nurse and links clinical practice with patient care (The ICN code of ethics for nurses, 2012). There are many barriers when it comes to evidence based practice in nursing which are time management, access to evidence, knowledge and skill and patient preference. Time management: This is the most important aspect of evidence based practice. The growing rate of hospitalizations and illness all over the world has made it difficult for nurses to find time for research. The registered nurses has to check many patients dealing with different problem under one single ward which makes it difficult for them to appraises research data in the duty routine. Access to evidence: it is not possible for registered nurses to have access to peer reviewed journals and understand the level of all clinical research papers Knowledge and skill: the registered nurses do not have as much knowledge as a practitioner which would enable them to understand the scientific implications of clinical research, which makes it difficult to practise evidence inclusive clinical assessment (Gray et al., 2013). Patient preferences: it is important for a nurse to value the preference of patients when it comes to good clinical practice. Sometimes, that becomes a barrier to make clinical judgement, for which it is required to gain trust of the patient and make them understand the importance of the agreed upon intervention (Hoffmann, Montori Del Mar, 2014). The discussion above makes it clear that evidence based practice improves the outcome of patients and that evidence could be based on traditional knowledge or current scientific research. Nurses hold a responsible position in the healthcare industry which makes it difficult for them to assess the patient situation as good as the practitioner, similarly it is expected that registered nurses have the minimum skills and knowledge to perform procedures before the expert arrives in times of emergency. There are many barriers to practising evidence based clinical practice, one of which was appropriate skill and knowledge to assess the situation of application of research ideas, another important aspect is management of time which is less in case of nursing staff as they have to check multiple patients at the same time. Patients also have opinions and preferences in regards to their treatment which makes it difficult to apply new research based knowledge. The overall essay aims to address t he issue that it should be encouraged from the nursing training to correlated research evidence in clinical practice so that in times of professional decision making the issue can be surpassed to some extent. References: Brownson, R. C., Colditz, G. A., Proctor, E. K. (Eds.). (2017).Dissemination and implementation research in health: translating science to practice. Oxford University Press. Cook, B. G., Odom, S. L. (2013). Evidence-based practices and implementation science in special education.Exceptional children,79(2), 135-144. Cook, B. G., Tankersley, M., Landrum, T. J. (Eds.). (2013).Evidence-based practices(Vol. 26). Emerald Group Publishing. Dawson, A. J., Stasa, H., Roche, M. A., Homer, C. S., Duffield, C. (2014). Nursing churn and turnover in Australian hospitals: nurses perceptions and suggestions for supportive strategies.BMC nursing,13(1), 11. Gray, M., Joy, E., Plath, D., Webb, S. A. (2013). Implementing evidence-based practice: A review of the empirical research literature.Research on Social Work Practice,23(2), 157-166. Hoffmann, T. C., Montori, V. M., Del Mar, C. (2014). The connection between evidence-based medicine and shared decision making.Jama,312(13), 1295-1296. Kavalieratos, D., Mitchell, E. M., Carey, T. S., Dev, S., Biddle, A. K., Reeve, B. B., ... Weinberger, M. (2014). Not the grim reaper service: an assessment of provider knowledge, attitudes, and perceptions regarding palliative care referral barriers in heart failure.Journal of the American Heart Association,3(1), e000544. LoBiondo-Wood, G., Haber, J. (2017).Nursing Research-E-Book: Methods and Critical Appraisal for Evidence-Based Practice. Elsevier Health Sciences. Melnyk, B. M., Gallagher?Ford, L., Long, L. E., Fineout?Overholt, E. (2014). The establishment of evidence?based practice competencies for practicing registered nurses and advanced practice nurses in real?world clinical settings: proficiencies to improve healthcare quality, reliability, patient outcomes, and costs.Worldviews on Evidence?Based Nursing,11(1), 5-15. Nursing and Midwifery Board of Australia - Registered nurse standards for practice. (2015).Nursingmidwiferyboard.gov.au. Retrieved 27 March 2018, from https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards/registered-nurse-standards-for-practice.aspx Schneider, Z., Whitehead, D. (2013).Nursing and midwifery research: methods and appraisal for evidence-based practice. Elsevier Australia. The ICN code of ethics for nurses. (2012) (p. 3). Geneva. Thomas, A., Law, M. (2013). Research utilization and evidence-based practice in occupational therapy: A scoping study.American Journal of Occupational Therapy,67(4), e55-e65