Thursday, October 31, 2019

Critical thinking questions Assignment Example | Topics and Well Written Essays - 1000 words

Critical thinking questions - Assignment Example To enhance teamwork in the center, I would aim to focus on team building by ironing out all the issues raised to do with overloading, remuneration, communication and mistreatment. Establishing a suitable communication network would also help me strengthen my relationship with the subordinates. Building on the morals of the subordinates can also be achieved through fair remuneration, team building and also laying out a suitable communication mechanism that will help the employees feel appreciated. On the other hand, to deal with the limited resources, I would channel the resources that are available to the needy sectors of the health care unit that we cannot do without. The strategy would help cope with the limited resources available as we wait for the state to resolve the situation (Newell & Shanks, 2014). It would be a suitable approach for me by all means. To develop team-building skills, there is a need to understand ones mission, vision, and objectives. It allows the team leader to communicate effectively all the expectations of the team members. Moreover, it is this understanding that helps one to accommodate the ideas of other team players that have the same goal but come from a different sector (Chaffee, 2014). It is also important to learn to communicate ones expectations to others as well as their fears to help promote trust and understanding towards the attainment of the common goal. To create a suitable working environment, all the bad blood ought to be eliminated through apt communication. The continued assessment of the action plans will also help ensure that all team players do not deviate from the set goals of providing quality health care to the patients. Also, including the patient in the final decisions about their health care is crucial and should not be overlooked. Having the patients contribute towards their healthcare in case of children should also be involved. The key

Tuesday, October 29, 2019

Of mice and men Comparison Essay Example for Free

Of mice and men Comparison Essay Of mice and men by John Steinbeck- Consider the character of crooks. How does he contribute to our understanding of the society in which he lives? This essay will answer the question above. I will be looking at the character Crooks and the society and the racial issues at that time. I will also look into the American dream of the majority. John Steinbeck was born in 1902 in Salinas, California, and many of his novels are set in this part of America. Before his career as a writer began, Steinbeck worked as a construction labourer and a caretaker. His first novel Cup of Gold was published in 1929. Of Mice and Men was published in 1939. He died at the age of 66 in 1968. In this paragraph, I will describe the character of Crooks and some of the difficulties faced by the racial minority. Crooks is a Black-American who stands out to the other ranch-men. He has a crooked back, where he has been kicked by a horse. He is known by many names, like the stable-buck negro or nigger. In the time where Crooks was living, Americans treated the Black-Americans very differently because they were niggers. The black people where not allowed in white areas, even though it wasnt a law, it was made this way, but there where laws of the segregation of the black and white people. In the ranch, it was exactly the same, Crooks wasnt allowed in the other ranch peoples bunk house to play blackjack or rummy I aint wanted in the bunk-house and you aint wanted in my room (page 72). He just had to sleep in the barn by himself; he had no rights, except the choice of invitation of his room. He is only allowed to play horse shoes with the other ranch workers because he is so good at it. Although C1rooks is part of the lowest chain of respect, he knows himself as a proud aloof man; he doesnt care what the others say about him. As Crooks is the only black man in the ranch, he has no rights at all, he didnt even have an identity, he was known as Crooks because his real name was not important to the ranch workers. Ku Klux Klan is the name of a number of past and present organisations in America that believed in white supremacy, anti-Semitism, racism and anti-Catholicism. These organisations promoted violence and terrorism, sometimes intimidation like burning a cross. The Klan was founded 1866, it mainly focused on intimidating people, but rapidly adapted to violent methods. This is what happens to crooks as he becomes intimidated and abused by other ranch workers. . A quick reaction set in as the Klans leader left, by the early 1870s. Crooks had a book in his room called the California Civil Code, this tells him what rights he has and what rights he doesnt have, he does this so he can avoid being lynched. Every American worker has an American dream, the base of this is respect the people working in the ranch want to have their own ranch, people working for them and some nice crops. Crooks dream is to be treated equally, and to be respected. Candy wants to relax for his last few years and seeks the opportunity in George and Lennies dream which is to have a big vegetable patch and a rabbit-hutch and some chickens (page 15), Curleys wife wants to star in the movies, wear nice clothes and be rich. All their dreams are quite similar as they all want something for their own and also respect. What Crooks really wants is equality; he wants to be treated as another human being and not differently and to have friends. I tell ya a guy gets too lonely an he gets sick. (Page 77) There are many characters that have disabilities in the story, these people are: Crooks, Candy, Lennie and Curleys wife, these people are affected in their own way. Crooks disability is none other than being black and his crooked back, he has to have his own room in the smelly, cramped barn, and he cannot go to the bunk house and play rummy with the white characters. Lennie has a mental disability which makes him different from the other characters because he still has a mind of a child; this affects him as the others underestimate him. Curleys wife is the only female at the barn, she cannot do the things the boys can do, she is also controlled by Curley as she is a woman because men had more power than women in the past, this mean that she couldnt do what she wanted to do. Candy has the disadvantage of being old, the other guys think that he is useless, he stays behind and cleans up the bunk house, he has also lost a hand which makes that others think of him more useless. This shows us that he is not the only one which is different to the ranch workers. Crooks contributes to our understanding of the society of which he lives by showing us how he lives in separation and inequality, he cannot do any of the things that the white people do, he doesnt even sleep in the same place as them as they think he stinks. The also refer to him as the nigger because he is not respected enough to be called by he real name.

Sunday, October 27, 2019

Literature review construction project costs

Literature review construction project costs This chapter comprises of literature review, quotes of the various related works done in this area of studies. The duration of construction projects right from inception to completion is assuming great importance in the construction industry. The author of this project work believes that, this shift in attention on constructioin delays is taking it rightful place of importance in the global construction sector. Clients or consumers are no longer content merely with minimal cost and adequate functional performance for their projects; increasing interest rates, inflation and other commercial pressures, among other factors, mean that it is in many instances most cost-effective to complete a project within the shortest possible time.The the current hursh financial climate does not allow for subcontractors not to be prudent with project planning and delivery , hence the reason for chosing to write on this subject. The most significant unbudgeted costs on many construction projects are the financial impacts associated with delay and disruption to the works. Owners and Subcontrcators have one common objective; to complete the project in time and within budget. It is the failure of this objective of time which leads to failure of budget and ultimately gives rise to disputes. There is no consensus in the literature on the identification of factors which affect stipulated, planned or achieved construction times of buildings. One reason for this is that researchers have largely viewed the subject from diverse prospective. Such viewpoints include identification of discrete factors which affect productivity on site and taking a systems view of the construction process and end product (Nkado R.N, 1995) The inherent and often unanticipated risks on construction projects present key challenges to subcontracting firms. For example, if a project is delayed or disrupted, significant resources are engaged and management time consumed. The outcome can have serious consequences on corporate value. One loss-making project can wipe out the profit on 50 successful ones and significantly damage a companys reputation. In the current economic climate, claims and disputes are increasingly more likely. Construction delays are not a modern phenomena.The delays on some of the UKs most famous landmarks, such as St Pauls Cathederal, the Houses of Parliament and the Clifton Suspension Bridge would make the delays on more recent high profile construction projects look distinctly trifling (Lowsley et al, 2006) Delay Ñ-ц¢ generally acknowledged à Ã‚ °Ãƒâ€˜Ã¢â‚¬ ¢ thà Ã‚ µ mà Ã‚ ¾Ãƒâ€˜Ã¢â‚¬ ¢t common, costly, complex à Ã‚ °nd riц¢ky problem encountered Ñ-n construction projectц¢. Becauц¢e à Ã‚ ¾f thà Ã‚ µ overriding ц¢ignificance à Ã‚ ¾f tÑ-me fà Ã‚ ¾r both thà Ã‚ µ proprietor (Ñ-n termц¢ à Ã‚ ¾f performance) à Ã‚ °nd thà Ã‚ µ ц¢upplier (Ñ-n termц¢ à Ã‚ ¾f money), it Ñ-ц¢ thà Ã‚ µ ц¢ource à Ã‚ ¾f frequent diц¢puteц¢ à Ã‚ °nd claimц¢ leading tà Ã‚ ¾ lawц¢uitц¢. Delayц¢ occur Ñ-n almost every construction project à Ã‚ °nd thà Ã‚ µ magnitude à Ã‚ ¾f theц¢e delayц¢ varieц¢ conц¢iderably frà Ã‚ ¾m project tà Ã‚ ¾ project. à Ã¢â‚¬ ¦ome projectц¢ à Ã‚ °re only à Ã‚ ° few dayц¢ behind ц¢chedule; ц¢ome à Ã‚ °re delayed bу over à Ã‚ ° year. à Ã¢â‚¬ ¦o it Ñ-ц¢ eц¢Ãƒâ€˜Ã¢â‚¬ ¢ential tà Ã‚ ¾ define thà Ã‚ µ actual cauц¢eц¢ à Ã‚ ¾f delay Ñ-n order tà Ã‚ ¾ minimize à Ã‚ °nd avoid delay Ñ-n any construction project (Ahmed et al., 2003). Chan et al (2004) Concluded in a research conducted to measure the success of construction projects that, cost, time and quality are the three basic and most important performance indicators in consruction projects.Other measures such as safety, functionality and satisfaction etc. are also currently attracting increasing attention. Chan et al, (2004) accentuated that accurate construction planning is a key factor in ensuring the delivery of a project on schedule and within budget. As almost all projects comprise a large number of interdependent items of work and involve many participants, reliable plans and accurate progress-recording mechanisms become essential to project success. Mbachu, et al(2005) discover the sources of strategies for minimising risks in the construction projects and categorised the results into internal and external sources.The internal sources of risks, which fall under the control of clients ,consultants and Subcontractors , include those risk elements emanationg from their acts or omissions in the project development process. They noted that, the most frequently mentioned risk elements under client sources include frequent and late changes at critical stages of the design and construction process, poor leadership and inadequate supervisions on the part of Contractors and subcontractors, low productivity, re-work and lossess, delays in supplying equipment, materials and components. For the consultants, incomplete design information and delay in supplying information required by contractors on site.The external risk sources, which are not within the control of the client and the project team, could be segregated into economic and globalisation dynamics, unforeseen circumstances/force majeue, government, statutory, political controls, health and safety risk elements and socio-cultural issue.smia12010-07-21T16:29:00 Who says this is so? If it5s you then you nned to say what leads you to this concluswionyou Typeц¢ of delay A delay to a construction project generally means delay to the planned completion date or a delay to a particular activity or sequence of activities (Lowsley et al, 2006) Delays can be grouped in the following four broad categories according to how they operate contractually: non-excusable delays; excusable non-compensable delays; excusable compensable delays; and concurrent delayц¢ The Bureau of Engineering Project Delivery Manual version 2 released in October 2006 smia12010-07-21T16:30:00 You need to give a proper reference for this. Who are the Bureau of Engineering Project Delivery?categorised construction delays in three basic types of delays, namely; Excusable-Non-Compensatory (Concurrent), Non-Excusable and Excusable-Compensatory. Non Excusable Delay Non-Excusable delays are events that are within the Subcontractors control or that are foreseeable. These delays might be the results of late performance of Subcontractors, untimely performance by suppliers, faulty workmanship by the subcontractor, underestimate of productivity, inadequate scheduling or mamanagement, equipment breakdowns, staffing problems, a project specific labour strikes caused by either the Subcontractors with the labour representative or by unfair labour practices(Trauner et al,2009) Excusable Non Compensable Delay An excusable delay is caused by factors that are not foreseeable, beyond the Subcontractors control .The implication of the term means that, neither party is at fault under the terms and conditions of the contract and has agreed to share the risk and consequences when excusable events occur. The Subcontractor will not receive compensation for the cost of delay, but he will be entitled for an additional time to smia12010-07-21T16:31:00 Always? Dosent this depend on the terms of his sub-contract? complete his work and is also relieved from any contractually imposed liquidated damages for the period of delay (Ahmed et al, 2003) 2.5 Excusable Compensable Delay (Ahmed et al, 2003) acknowledged that, compensable delays are those that are generally caused by the owner or its agents. If the delay is compensable, then the contractor is entitled not only to an extension of time but also to an adjustment for any increase in costs caused by the delay. Owner-issued contracts specifically address some potential compensable delays and provide equitable adjustments. The usual equitable adjustable clauses in owner issued contracts that apply are: Changes, Dithering Site Conditionsmia12010-07-21T16:32:00 What does this mean?, and Suspension 2.6 Concurrent delays The concept of concurrent delay has become a very common presentation as part of some analysis of construction delays. The concurrency argument is not just from the standpoint of determining the projects critical delays but from the standpoint of assigning responsibility for damages associated with delays to the critical path. Owners will often cite concurrent delays by the contractor as a reason for issuing a time extension without additional compensation.Contractors will often cite concurrent delays by the owners as a reason why liquilidated damages should not be assessed for its delays. Concurrent delays are separate delays to the critical path that occur at the same time. (Lowsley et al, 2006) Rubin et al. (1983) defined concurrent delays as the situation in which two or more delays occur at the same time either of which had it occurred alone, would have affected the ultimate completion date. It means each of the delays must independently affect the critical path. Reynolds et al (2001) argue that to be considered concurrent delays, the delays need not commence precisely at the same time. Arditi et al (1995) had a view that, the delays need not occur in the same activity on the same critical path but may exist in different activities on parallel critical path as well. The SCL Protocol (SCL, 2002) describe a true concurrent delay as the occurrences of the delays, one an employer risk event and the other a contractor risk event, at the same time, and their effects felt at the same time. This occurrence is, however, extremely rare in practice since time is infinitely divisible. For instance, two delay events occurring on the same day would not necessarily be true concurrent delays because one may have occurred in the morning while the other in the afternoon. Concurrent delay is also rather misleadingly used to refer to the occurrence of two or more delay events at different times but their effect are felt (in whole or in part) at the same time. As a summary, Figure 1 classifies the different types of delays based on their various attributes. Figure 1: Delay Classifications (Nuhu Braimah 2008) 2.7 Primary Causes of Delay There are two kinds of reason for delay in construction project: external causes; and internal cauц¢eц¢.Internal causes of delay include the causes arising from four partià Ã‚ µÃƒâ€˜Ã¢â‚¬ ¢ involved in the project. These partià Ã‚ µÃƒâ€˜Ã¢â‚¬ ¢ include the proprietor, designers, contractorц¢, and conц¢ultantц¢. Other delays, which do not arise from these four partià Ã‚ µÃƒâ€˜Ã¢â‚¬ ¢, are based on external factors for example from the government, material suppliers, or the weather (Ahmed et al., 2003). Semple et al. (1994) found that making provisions in a construction programme for events such as weather delays reduces disputes. Cost and time claims, especially those which are difficult to quantify, regularly result in disputes between the contractual parties. Weather contingencies are very seldom adequate, in terms of progress and cost, due to the use of varied methods used in the industry for weather contingency calculations. This results in adverse client-contractor relationships. Caenell.N.J, C2005) Cited the appropriateness to look at the matters which actually cause delay during the works themselves. The Contractor/Subcontractors responsibly for delays arise due to a failure on the part of the contractor to carry out the planning stages of the works properly, others will be due to an inability to perform in the manner agreed in the contract.This is in line with the authors believes that, most delays are caused by inefficiencies on the part of the Subcontractors. Employers responsibility or neutral events are caused through an act or omission of the employer or his team or by a matter which does not arise through the fault of the contractor. These are governed by the contract conditions. A useful list according to Carnell N.J (2005) is listed in Clause 25.4 of JCT 98 and includes: Force majeure,Exceptionally adverse weather conditions,Clause 22 perils(flood and the like),Civil commotion, strike or lock out,Compliance with architects instructions,Non-receipt of essential information,Delays by nominated suppliers or sub-contractors, artisans and tradesmen,Government action,Restrictions on the availability of labour or materials,Delays by,statutory undertakers,Delays in giving access to the works Ahmed et al, (2003) also mentioned the following as some possible causes of delays in construction project in nowadays: Possessive decision-making mechanism, highly bureaucratic organization, insufficient data collection and survey before design Site topography is changed after design,Lack of coordination at design phase,Inadequate review,Improper inspection approach,Different attitude between the consultant and contractors/subcontractors,Financial difficulties,Inexperience personnel,Insufficient number of staffs,Deficiency in project coordination,time spent to find sub contractors,company who is appropriate for each task,Often changing Sub -contracting company,Inadequate and old equipment,Lack of high-technology equipment and Harvest time. Ahmed et al (2003) cited Ogunlana et all (2001) as having studied the delays in Thailand, as an example of developing economies.They concluded that the problems of the construction industry in developing economies could be nested in three layers:(1) Problem of shortages or inadequacies on industry infrastructure, mainly supply of resources, (2) Problems caused by clients and consultants and (3) Problems caused by incompetence of Contractors. Assaf et al (1995) Listed 56 extensive causes of disputes over delay and identified them as : shortage of construction material, changes in types and specifications during construction, slow delivery of material, damage of material in storage, delay in the special manufacture of the building material, shortage of labour, labour skills, nationality of labourers, equipment failure, equipment shortage, unskilled operators, slow delivery of equipment, equipment productivity, financing by Contractor during construction, delays in Contractors progress payment by Owner, cash problems during construction, design changes by Owner or his agent during construction, design errors made by designers, foundation conditions smia12010-07-21T16:35:00 These would be far better rpesented as a bullet pointed listencountered in the field, mistake in soil investigation, water table conditions on site, geological problems on site, obtaining permits from municipality, obtaining permits for labourers, excessive bureaucracy in project Owner operation, building code used in the design of the project, preparation and approval of shop drawings, waiting for sample material approval, preparation of scheduling networks and revisions, lack of training personnel and management support, lack of database in estimating activity duration and resources, judgement of experience in estimating time and resources, project delivery systems used, hot weather effect on construction activities, insufficient available utilities on site, the relationship between different subcontractors schedule, the conflict between the consultant and the Contractor, uncooperative Owners, slowness of the Owner decision making process, the joint ownership of the project, poor o rganization, insufficient communication between Owner and designer at the design phase, unavailability of professional construction management, inadequate early planning of the project, inspection and testing procedures used in the projects, errors committed during field, application of quality control based on foreign specification, controlling subcontractors by general Contractors in the execution of the works, the unavailability of financial incentives for Contractor to finish ahead of schedule, negotiations and obtaining of contracts, legal disputes between various parties, social and cultural factors, accidents during construction . Ahmed et al. (2003) maintained that the iц¢Ãƒâ€˜Ã¢â‚¬ ¢ue of responsibility for delay Ñ-ц¢ related to whether the supplier Ñ-ц¢ awarded or Ñ-ц¢ liable for costs and additional time to complete the project. The categories of reц¢ponц¢ibilitieц¢ are: proprietor (or agent) responsible supplier will be granted à Ã‚ ° time extension and additional costs (indirect), where warranted; supplier (or subcontractor) responsible supplier will not be granted time or costs and may have to pay damages/penalties; neither party (e.g. act of God) responsible supplier will receive additional time to complete the project but no costs will be granted and no damages/penalties aц¢Ãƒâ€˜Ã¢â‚¬ ¢eц¢Ãƒâ€˜Ã¢â‚¬ ¢ed; and both partià Ã‚ µÃƒâ€˜Ã¢â‚¬ ¢ responsible supplier will receive additional time to complete the project but no costs will be granted and any damages/penalties aц¢Ãƒâ€˜Ã¢â‚¬ ¢eц¢Ãƒâ€˜Ã¢â‚¬ ¢ed. smia12010-07-21T16:36:00 Always? Dosent this depend on the risk allocation in the contract? Ying et al (2005) acknowledged five factors that influence time performance as; Long project scope identification, low speed of decision making, inadequate managerial skills during the planning phase, insuffiecient contractor completion and Lack of a strong organasational culture. Okumbe et al (2008) researched on Construction Industry perpestive on causes and effects of delays in South Africa and highlighted causes of dealy in payment as consultants inefficiency,lack of professionalism by the government employees,incompetence caused by insufficient staff,bureaucratic procedures experienced by government/client,late processing by project quantity surveyors ,late prepartion of payment certificate,claiming problems,late approval of work by architect and engineers,continous formulation of new policies by The Public Procurement and Asset Disposal Board (PPADB),poor budgeting by the client,late submission of cost reports by projects quantity surveyors,lack of understanding of contractual obligations and lack of funding,late project delivery,delays, in materials supply,labour stoppage as employess may go on strike if not paid on time,cash flow problems faced by contractors,contractors claiming extension of time with costs,risk of poor workmanship,poor contract deli very and default in paying suppliesrs and employers. In addition to causes of delays and who is responsible for them, there are other delay-related effects that may occur. High on the list is a decrease in the Contractors efficiency caused by the delays. The delays may directly cause the inefficiency or be caused by the inefficiency. Gorse (2004) Suggested that a well-evidenced claim, supported by an appropraite documentation, that properly establishes cause and effect and reasonably quantities the losses for each event will probably succeeds. Frimpong et al (2003)Conducted a survey on the causes of delay and cost overruns in construction of groundwater projects in a developing countries;Ghana as a case study and the main conclusions of the survey were;monthly payments difficulties from agencies,matarial procurement,poor technical performance,escalation of matarial prices accordinging to their degree of influence and theses were considered as major factors.The other factors that emerged as not very important ,but of interest were,bad weather,unfavorable geological conditions. Ahmed et al (2003) carried out a research which revealed the ranking of design related key delays.The most general design related caused delay was found to be taking place during the inspection phase followed by material/fabrication period, poor subcontract performance, material procurement and construction mistake as shown on figure 2. Source: Ahmed et al. ;( 2003) Figure 2: Ranking of design related key delays Effects of Delay on Construction Cost A brief review of text books and reports smia12010-07-21T16:38:00 What books and reports? You should at least give some example referencesreveal that construction excellence has not only become an option but a necessity, if the UK construction industry is to survive economics dynamics and changing social needs. Considering the industry is one of the pillars of the domestic economy making approximately 10 percent of Gross Domestic Product (GDP) and employing considerable number of workers, it is important to note that construction excellence is critical for the UK economy and its future. When a project is delayed, the owner, Contractor, or both may incur added costs. The determination of the amount of these costs is based on the results from the delay analysis and the determination of liability once the critical delays have been identified. (Trauner et al, 2009) More importantly, the construction industry needs to improve itself in order to increase profitability, quality of deliverables and client needs before it can contribute to the economy. There are many possible factors that can cause actual labour costs to exceed estimated costs such as engineering errors and omissions, excessive changes, delay and acceleration and weather. These factors may require contractors to work out of sequence, hire more manpower than planned, work scheduled overtime and utilize more costly methods of construction. (Borcherding et al, 2006). Trauner et al (2009) listed the following as examples of how delays can lead to inefficiencies. Shifts in construction sections-A delay to a project can shift work originally scheduled for one season into a different season. Availability of resources-Delays can affect the availability or resources in the areas of manpower, subcontracts or equipment. Manpower levels and distribution-Changes may be needed in terms of additions manpower, erratic staffing or variations in preferred/optimum gang size. Lowe et al (2006) described disputes as being the source of possible time and cost overrun and possible adversarial relationships between the different parties. This is not welcome to either the Owner or the Contractor. Cost overrun might lead to the project being unsuccessful, unfeasible or invalidate any benefits. Although avoiding disputes has been suggested, this is not usually possible and where disputes cannot be avoided efforts should be made to manage and contain the consequences. It is to the benefit of both the Employer and the Subcontractor to manage disputes towards a resolution as this will safeguard the success of the project. Cormican (1985) observed that the construction industry in UK is always at the top of the bankruptcy league and the most dangerous of all sectors. These unhealthy developments underpin the prevailing abandonment of projects and undermine the viability and sustainability of the construction industry. Akinci et al (1998) categorised risk factors affecting cost performance into organisation specific, global and acts of God. The organisation specific risks are internal risks related to the organisations resources and management including labour skills and availability, material delivery and quality, equipment reliability and availability, and managerial efficiency. Global risks are those that transcend the boundaries of the contracting organisation yet having large impact on it. These include estimating related, design related, level of competition, fraudulent practices, construction related, economic related and political relatedsmia12010-07-21T16:40:00 This is OK as far as it goes, but the literature revierw is supposed to be a CRITICAL review yours is really just a list of someone said thisà ¢Ã¢â€š ¬Ã‚ ¦. You really need to summariuse at the end what the key issues are from your literature review, and how they relate to your particular problem..

Friday, October 25, 2019

Media :: essays research papers fc

Media Awareness The case that I decided to focus on is an older abuse case, but it has recently been resolved in the courts. It is a child abuse case involving James and Bonnie Zeleski. They were both charged with abusing their infant daughter. The child was brought to the hospital with a fracture in each leg, a fracture in each arm, a thigh fracture, three broken ribs, a ripped esophagus, pneumonia, malnourished and several other cuts and bruises. The girl was transferred to an Omaha hospital. The father, James, was charged on June 3, 1998 with Class 4 Felony Child Abuse. His wife, Bonnie, was later charged and convicted of a Class 3 Felony. James was sentenced to three years probation and six months in jail. His wife was sentenced to 15 to 18 months in prison. I think that this case was fairly portrayed by the media. I know at the time, there were several letters to the editor and opinion printed on the subject, but the Grand Island Independent seemed to be fair and stick to the fa cts. It was a horrible crime and I think they did a good job being unbiased. I think that it is a good idea to publicize crimes like this. From my other studies, I have learned that the informal sanctions, public humiliation and shame, are far more effective than the formal sanctions in preventing crime. When people who are having a hard time dealing with being a parent see something like this in the media, they may stop to think about their actions. A good idea would be to run several articles on where parents can go to for help. The combination of the two, may help prevent this from happening to another child. As a mother I have a definite interest in this crime. I cannot even begin to understand how anyone could do something like that to someone so helpless. I am also interested in this case from the legal perspective and how the case was resolved in the court system. I personally think that the sentencing was very lenient. I think this is a good activity. I studied journalism fo r a while and I am very aware of how the media can distort a situation.

Thursday, October 24, 2019

Role of Youth in National Development

My name is Ram Manohar. I am a farmer engaged in paddy cultivation as well as the Secretary of an Association of farmers. I come from Thirunellveli district in Tamil Nadu. About five kilometers from my farm land, a multinational company established a factory for producing soft drinks. The entire land around the factory to an extent of 10 Sq. km was under paddy cultivation. The entire water requirement for the company was from bore wells in the company premises.It is understood from the employees of the company that each bore well is around 1000 ft deep. Since the establishment of the factory the water availability in the bore wells in the farm land started receding. The main water source for agriculture and day to day life is from bore wells. The company apart from producing soft drinks is also producing a fertilizer as a by -product. The Agriculture Department of the Government of Tamil Nadu is marketing the fertilizer at a subsidized rate. The said fertilizer is very cheap and the farmers are using the same for paddy cultivation.However the use of fertilizer has reduced the yield. Since the past two years almost the entire bore wells in the farm land has gone dry. Hence I am unable to cultivate paddy for the last two years. Around 2000 farmers in the locality are similarly placed. The Government has appointed a study commission to look into the issue of shortage of water, reduced yield and connected issues. After enquiry the Commission recommended the immediate closing of the factory. The Government of Tamil Nadu acted on the Report and closed the factory. In the meantime the Government also framed rules for regulating bore wells.The company has wound up its entire activities in India and closed its office and its responsible persons had left India. The entire farmers in the locality under the association are on an indefinite strike. We are demanding compensation. Can we claim compensation from the Government as well as from the company. Presently the farmers have no means for their daily livelihood. Please advise us. Additional Information 1. I am sixty years old. 2. From time immemorial my family is engaged in paddy cultivation and Thirunelveli district is known as the rice bowl of Tamil Nadu. 3. I own fifteen acres of farm land. 4.The name of the company is Popsco. It is a Finnish company. 5. The company started functioning in India in the year 2005. 6. The company has 100 acres of land. 7. There are 40 bore wells in the factory premises. 8. I have three bore wells in my farmland and they have also gone dry. 9. The average depth of the bore well in the farm land of the area is 250 ft. 10. The Commission was appointed during July 2007 11. The Commission gave its report during March 2008. 12. The Commission found that the fertilizer contained high level of Cadium which has resulted in the reduced yield and that the farmlands have been contaminated. 3. The Commission also found that the water shortage was due to excess drawing of ground water by the factory. 14. The Commission found that the farm lands cannot be profitably cultivated for a minimum period of five years. 15. Fertilizers containing Cadium has been banned since 2003 in almost all parts of Europe. 16. The commission found that a minimum ten years period is required for sufficient increase in the ground water level. 17. The estimated loss of income of the farmers as per the Commission Report is five thousand Crores. 18.The commission found that the fertilizer was approved for sale bypassing statutory requirements. 19. The factory was closed during December 2009,till that time the factory was fully operational. 20. The association has given written representation for compensation to the company on October 10th 2009.  ©KERALA LAW ACADEMY MOOT COURT SOCIETY,Thiruvananthapuram ELEVENTH NATIONAL CLIENT CONSULTING COMPETITION 2010 KERALA LAW ACADEMY, THIRUVANANTHAPURAM FINAL My name is Sofia. I am a veterinary doctor and an expert in embryo transplantation technology. I am an employee of a Company in Gujarat.I joined the company on 10/05/06. The notification for selection stipulated that a five year bond has to be executed as a condition for selection. After selection I executed the bond. At the time of selection I have surrendered my entire original certificates to the company. The bond stipulated that I should work for minimum five years with the company and in case of resignation, liquidated damages of Rs ten lakhs has to be paid. Furthermore the bond contained a non – competition clause which prohibited me from working in a similar organization for ten years. All the selected candidates executed the bond.I was sent to Denmark for routine training by the company. The company has agreed to enhance the salary to all employees w. e. f 01/01/08. However the company has not yet enhanced the salary citing financial crisis. There was an offer from another company. I appeared for the interview and got selected. I was instructed to p roduce the original certificates on or before 10/02/2010. I approached my company for relieving me and also for original certificates. The company stated that I cannot be relieved as the new company is engaged in similar business. I lost the opportunity.From April the company is facing severe financial crisis. The future of the company is uncertain. Can I resign from this company and opt for another job. The company has orally informed me that they would not relieve me till the bond period is over. I am one among the ten veterinary doctors in India who are skilled in embryo transplantation and as such I have tremendous job opportunities with higher prospects. Am I entitled to claim compensation from the company for denying my opportunity? The company is threatening to sue me if I join similar institutions. Please advise me.Additional Information 1. Bachelor of Veterinary Science and Animal Husbandry Degree obtained in the year 2005. 2. The name of my Company is Gujarat Livestock Cor poration. 3. Selection was through all India written test and Interview. 4. Bond was executed on 1/05/2006. The bond has no clause allowing the company to retain my original certificates. I have the copy of the bond and the copy of the notification inviting application for the job. 5. The pay scale is Rs 16000-22000. 6. My post is Assistant Veterinary Surgeon. 7. I successfully completed the probation on10/05/08. 8.It was told that the original certificates would be returned after the probation period. 9. The proposed enhancement of salary was Rs five thousand per month. 10. The offer for the new job was from Gujarat Diary Corporation. 11. The offered post was Deputy Manager. 12. The pay scale of the new company was Rs 25000-35000. 13. Written request for relieving was made on 20/01/2010. 14. Reply to the above request was received on 28/01/2010. 15. Gujarat Diary Corporation and Gujarat Livestock Corporation are engaged in similar activities and both are promoted by the Government of Gujarat. 16.I was provided in- house training for the first six months by the company. 17. I went to Denmark on 10/05/07. Training was the same as given in the in house training and was for three months. 18. The company has spent Rs fifteen lakhs as expenses for my training in Denmark. 19. In addition I went for training to Australia for three months with the permission of my employer. Training in Australia was from 2/06/08 to 02/09/08. 20. The training in Australia was for specialization in embryo transplantation. 21. Training in Australia was on my own expenses  ©KERALA LAW ACADEMY MOOT COURT SOCIETY,Thiruvananthapuram

Role of Youth in National Development

My name is Ram Manohar. I am a farmer engaged in paddy cultivation as well as the Secretary of an Association of farmers. I come from Thirunellveli district in Tamil Nadu. About five kilometers from my farm land, a multinational company established a factory for producing soft drinks. The entire land around the factory to an extent of 10 Sq. km was under paddy cultivation. The entire water requirement for the company was from bore wells in the company premises.It is understood from the employees of the company that each bore well is around 1000 ft deep. Since the establishment of the factory the water availability in the bore wells in the farm land started receding. The main water source for agriculture and day to day life is from bore wells. The company apart from producing soft drinks is also producing a fertilizer as a by -product. The Agriculture Department of the Government of Tamil Nadu is marketing the fertilizer at a subsidized rate. The said fertilizer is very cheap and the farmers are using the same for paddy cultivation.However the use of fertilizer has reduced the yield. Since the past two years almost the entire bore wells in the farm land has gone dry. Hence I am unable to cultivate paddy for the last two years. Around 2000 farmers in the locality are similarly placed. The Government has appointed a study commission to look into the issue of shortage of water, reduced yield and connected issues. After enquiry the Commission recommended the immediate closing of the factory. The Government of Tamil Nadu acted on the Report and closed the factory. In the meantime the Government also framed rules for regulating bore wells.The company has wound up its entire activities in India and closed its office and its responsible persons had left India. The entire farmers in the locality under the association are on an indefinite strike. We are demanding compensation. Can we claim compensation from the Government as well as from the company. Presently the farmers have no means for their daily livelihood. Please advise us. Additional Information 1. I am sixty years old. 2. From time immemorial my family is engaged in paddy cultivation and Thirunelveli district is known as the rice bowl of Tamil Nadu. 3. I own fifteen acres of farm land. 4.The name of the company is Popsco. It is a Finnish company. 5. The company started functioning in India in the year 2005. 6. The company has 100 acres of land. 7. There are 40 bore wells in the factory premises. 8. I have three bore wells in my farmland and they have also gone dry. 9. The average depth of the bore well in the farm land of the area is 250 ft. 10. The Commission was appointed during July 2007 11. The Commission gave its report during March 2008. 12. The Commission found that the fertilizer contained high level of Cadium which has resulted in the reduced yield and that the farmlands have been contaminated. 3. The Commission also found that the water shortage was due to excess drawing of ground water by the factory. 14. The Commission found that the farm lands cannot be profitably cultivated for a minimum period of five years. 15. Fertilizers containing Cadium has been banned since 2003 in almost all parts of Europe. 16. The commission found that a minimum ten years period is required for sufficient increase in the ground water level. 17. The estimated loss of income of the farmers as per the Commission Report is five thousand Crores. 18.The commission found that the fertilizer was approved for sale bypassing statutory requirements. 19. The factory was closed during December 2009,till that time the factory was fully operational. 20. The association has given written representation for compensation to the company on October 10th 2009.  ©KERALA LAW ACADEMY MOOT COURT SOCIETY,Thiruvananthapuram ELEVENTH NATIONAL CLIENT CONSULTING COMPETITION 2010 KERALA LAW ACADEMY, THIRUVANANTHAPURAM FINAL My name is Sofia. I am a veterinary doctor and an expert in embryo transplantation technology. I am an employee of a Company in Gujarat.I joined the company on 10/05/06. The notification for selection stipulated that a five year bond has to be executed as a condition for selection. After selection I executed the bond. At the time of selection I have surrendered my entire original certificates to the company. The bond stipulated that I should work for minimum five years with the company and in case of resignation, liquidated damages of Rs ten lakhs has to be paid. Furthermore the bond contained a non – competition clause which prohibited me from working in a similar organization for ten years. All the selected candidates executed the bond.I was sent to Denmark for routine training by the company. The company has agreed to enhance the salary to all employees w. e. f 01/01/08. However the company has not yet enhanced the salary citing financial crisis. There was an offer from another company. I appeared for the interview and got selected. I was instructed to p roduce the original certificates on or before 10/02/2010. I approached my company for relieving me and also for original certificates. The company stated that I cannot be relieved as the new company is engaged in similar business. I lost the opportunity.From April the company is facing severe financial crisis. The future of the company is uncertain. Can I resign from this company and opt for another job. The company has orally informed me that they would not relieve me till the bond period is over. I am one among the ten veterinary doctors in India who are skilled in embryo transplantation and as such I have tremendous job opportunities with higher prospects. Am I entitled to claim compensation from the company for denying my opportunity? The company is threatening to sue me if I join similar institutions. Please advise me.Additional Information 1. Bachelor of Veterinary Science and Animal Husbandry Degree obtained in the year 2005. 2. The name of my Company is Gujarat Livestock Cor poration. 3. Selection was through all India written test and Interview. 4. Bond was executed on 1/05/2006. The bond has no clause allowing the company to retain my original certificates. I have the copy of the bond and the copy of the notification inviting application for the job. 5. The pay scale is Rs 16000-22000. 6. My post is Assistant Veterinary Surgeon. 7. I successfully completed the probation on10/05/08. 8.It was told that the original certificates would be returned after the probation period. 9. The proposed enhancement of salary was Rs five thousand per month. 10. The offer for the new job was from Gujarat Diary Corporation. 11. The offered post was Deputy Manager. 12. The pay scale of the new company was Rs 25000-35000. 13. Written request for relieving was made on 20/01/2010. 14. Reply to the above request was received on 28/01/2010. 15. Gujarat Diary Corporation and Gujarat Livestock Corporation are engaged in similar activities and both are promoted by the Government of Gujarat. 16.I was provided in- house training for the first six months by the company. 17. I went to Denmark on 10/05/07. Training was the same as given in the in house training and was for three months. 18. The company has spent Rs fifteen lakhs as expenses for my training in Denmark. 19. In addition I went for training to Australia for three months with the permission of my employer. Training in Australia was from 2/06/08 to 02/09/08. 20. The training in Australia was for specialization in embryo transplantation. 21. Training in Australia was on my own expenses  ©KERALA LAW ACADEMY MOOT COURT SOCIETY,Thiruvananthapuram

Tuesday, October 22, 2019

Hacienda Tabi - Plantation Archaeology Mexico

Hacienda Tabi - Plantation Archaeology Mexico Hacienda Tabi is a landed estate of colonial origin, located in the Puuc region of the Yucatn Peninsula of Mexico, about 80 kilometers (50 miles) south of Merida, and 20 km (12.5 mi) east of Kabah. Established as a cattle ranch by 1733, it evolved into a sugar plantation that encompassed more than 35,000 acres by the end of the 19th century. Approximately one-tenth of the old plantation now lies within a state-owned ecological reserve. Hacienda Tabi was one of several plantations that were owned by descendants of early Spanish colonists, and, like plantations of the same period in the United States, survived on the basis of near-slavery of native and immigrant laborers. Originally established in the early 18th century as a cattle station or estancia, by 1784 the propertys production had diversified enough to be deemed a hacienda. Production on the hacienda eventually included a sugar mill in a distillery for producing rum, farm fields for cotton, sugar, henequen, tobacco, maize, and domesticated pigs, cattle, chickens, and turkeys; all of this continued until the Mexican Revolution of 1914–15 abruptly ended the peonage system in Yucatn. Timeline of Hacienda Tabi 1500s - much of the Puuc region is part of the Xiu Maya dynasty1531 - Spanish military forces marched into the Yucatn1542 - city of Merida founded by Francisco de Montejo1547 - first Spanish mission founded at Oxkutzcab1550s - encomienda system established in the Puuc1698 - Juan del Castillo y Arrue petitions for a land grant named Tavi to be used as an encomienda1733 - Tabi established as the name of the parcel in the Santa Elena Valley1784 - Tabi designated a hacienda; its owner is Bernadino Del Castillo1815 - Tabi purchased by Francisco Calero y Calero; a land survey commissioned1821 - Mexico achieves independence from Spain1820s - first state laws supporting peonage (debt slavery) system1847 - Caste War (Resistance movement between Maya and Spanish descendants) breaks out1855 - Tabi bought by Felipe Peon1876 - 1911, Porfirio Diaz rules Mexico1880s - narrow gauge rail established in the Yucatn1890s - industrial sugar mill at Tabi1893 - Tabi bought by Eulogio Duarte Troncoso; exten sive renovation of principal buildings undertaken 1900 - Tabi encompasses 35,000 acres and 851 resident laborers1908 - Journalist John Kenneth Turner publishes articles describing slavery on haciendas in Yucatn.1913 - Tabi owned by Eduardo Bolio Rendon Maldonado1914 - Mexican revolution reaches Yucatn, peonage system abolished1915 - Hacienda Tabis village for laborers abandoned The center of the plantation included an area of approximately 300 x 375 m (1000x1200 ft) within a thick wall enclosure of limestone masonry, measuring 2 m (6 ft) high. Three main gates controlled access to the great yard or patio principal, and the largest and main entry frames the sanctuary, which held room for 500 persons. The major architecture within the enclosure included a large two-story plantation house or palacio, consisting of 24 rooms and 22,000 ft ² (~2000 m ²). The house, recently refurbished with long-range plans for the development of a museum, boasts classic architecture, including a double colonnade on the south face and neoclassical pediments on the upper and lower levels. Also within the enclosure was a sugar mill with three chimney stacks, livestock stables, and a sanctuary based on colonial Franciscan monastery architecture. A handful of traditional Maya residences are also located within the enclosure wall apparently reserved for upper-level servants. two small rooms in the lower West and the plantation house were set aside for jailing peasants who disobeyed orders. A small external structure, called the burro building, was, according to oral tradition, used for public punishment. Life as a Laborer Outside the walls was a small village where as many as 700 laborers (peons) lived. Laborers lived in traditional Maya houses consisting of one-room elliptical structures made of masonry, rubble stone, and/or perishable materials. The houses were placed in a regular grid pattern with six or seven houses sharing a residential block, and blocks aligned along straight streets and avenues. The interiors of each of the houses were split into two halves by a mat or screen. One-half was the cooking area including a hearth kitchen and foodstuffs in the second half with the storage bathing area where clothing, machetes, and other personal goods were kept. Hanging from the rafters were hammocks, used for sleeping. Archaeological investigations identified a definite class division within the community outside of the walls. Some of the workers lived in masonry houses that appear to have had preferential placement within the village settlement. These laborers had access to better grades of meat, as well as imported and exotic dry goods. Excavations of a small house inside the enclosure indicated similar access to luxury goods, albeit clearly still occupied by a servant and his family. Historical documentation indicates that life on the plantation for the workers was one of ongoing indebtedness, built into the system, essentially making slaves of the workers. Hacienda Tabi and Archaeology Hacienda Tabi was investigated between 1996 and 2010, under the auspices of the Yucatn Cultural Foundation, the State of Yucatns Secretary of Ecology, and Mexicos National Institute of Anthropology and History. The first four years of the archaeological project were directed by David Carlson of Texas AM University and his graduate students, Allan Meyers and Sam R. Sweitz. The last eleven years of field investigation and excavation were conducted under the direction of Meyers, now at Eckerd College in St. Petersburg, Florida. Sources Thanks are due to excavator Allan Meyers, author of Outside the Hacienda Walls: The Archaeology of Plantation Peonage in 19th Century Yucatn, for his assistance with this article, and the accompanying photo. Alston LJ, Mattiace S, and Nonnenmacher T. 2009. Coercion, Culture, and Contracts: Labor and Debt on Henequen Haciendas in Yucatn, Mexico, 1870–1915. The Journal of Economic History 69(01):104-137.Juli H. 2003. Perspectives on Mexican hacienda archaeology. The SAA Archaeological Record 3(4):23-24, 44.Meyers AD. 2012. Outside the Hacienda Walls: The Archaeology of Plantation Peonage in 19th Century Yucatn. Tucson: University of Arizona Press. see the reviewMeyers AD. 2005. Lost hacienda: Scholars reconstruct the lives of laborers on a Yucatn plantation. Archaeology 58(One):42-45.Meyers AD. 2005. Material expressions of social inequality at a porfirian sugar hacienda in Yucatn, Mexico. Historical Archaeology 39(4):112-137.Meyers AD. 2005. The challenge and promise of hacienda archaeology in Yucatan. The SAA Archaeological Record 4(1):20-23.Meyers AD, and Carlson DL. 2002. Peonage, power relations, and the built environment at Hacienda Tabi, Yucatn, Mexico. International Journal of Historical Archaeology 6(4):371-388. Meyers AD, Harvey AS, and Levithol SA. 2008. House lot refuse disposal and geochemistry at a late 19th-century Hacienda village in Yucatn, Mexico. Journal of Field Archaeology 33(4):371-388.Palka J. 2009. Historical Archaeology of Indigenous Culture Change in Mesoamerica. Journal of Archaeological Research 17(4):297-346.Sweitz SR. 2005. On the periphery of the periphery: household archaeology at Hacienda Tabi, Yucatn, Mexico. College Station: Texas AM.Sweitz SR. 2012. On the Periphery of the Periphery: Household Archaeology at Hacienda San Juan Bautista Tabi, Yucatn, Mexico. New York: Springer.