How to Write Better Legal Essays by Steven Vaughan

How to Write Better Legal Essays by Steven Vaughan Steven Vaughan is a senior law lecturer at University College London who definitely knows how to write the best law essays. When he asked his students to give a mark for a paper of a fresher, the feedback was ruthless. The essay, which was deemed to be really bad, appeared to be a work written by Vaughan himself when he was an Oxford undergraduate. The lecturer tried to demonstrate to his students that essays don’t have to be ideal from the very first day. Practice makes perfect is the point that he tried to make. In the interview with Guardian News, Steven Vaughan talks on how to write a winning law essay. Here are some of his guidelines that are more than likely to be useful for those who want to improve essay writing skills. How law essay should look like All essays are meant to have logic, structure, and narrative in order to effectively convey a message to the reader. In the case of law essays, it is all about a thorough inspection of the argument aimed at uncovering ground uncertainties and complexities within the law. Whatever was disclosed after the deep substantial digging needs to be used for arguing a certain position. Freshers always question how the perfect law essay should look like. In fact, the answer is simple. Teachers provide students with many academic essays to read and they are the papers, which should be taken as examples. Common mistakes 1. Students don’t answer the set question. Why? Reasons may vary but mainly that’s because they are stressed and can’t read the task properly or they just don’t fully understand the question. As Steven Vaughan put it, â€Å"don’t just vomit on the page.† Take your time to make sure that you fully understand what exactly you were asked. 2. Vaughan warns that a law essay shouldn’t be a murder mystery. When you read a piece of writing having no idea what the conclusion will be, all you want to ask is, â€Å"What’s the argument and what are you really talking about?† 3. An argument in a legal essay shouldn’t lack authority. A student may put forward valid, intelligent and well-reasoned propositions but if they don’t do well on a connection back to the law, the essay won’t be good. If you make a claim, you must support it with pieces of evidence based on the legal academic, case law or a statute section. Introduction of law essay An introduction that is too long is unacceptable for any paper, especially for a legal essay. Rambling in the very beginning never makes a reader want to read further so setting the right tone in the first paragraph is essential. Vaughan shares that he advises his students to do three important things when writing a law essay introduction. Giving a context to the argument is the first thing that should be followed by the second important step such as setting out an argument. After that, some signposting should take place in order to let the reader know what is supposed to happen over the next paragraphs or pages. Doing the research Students tend to avoid asking tutors for guidance on how to do research for their essay. Typically, the supplied reading list has two parts. It is expected that one part is the stuff that a student is supposed to know already while the second one is the additional reading, which is provided for exploring when there is extra time available. Law students tend to complain that they have too much work to do. Vaughan thinks that forming study groups can make student life easier because sharing reading between classmates can significantly help everyone prep. It is impressive when students create groups in social media such as WhatsApp or Facebook to share their knowledge with each other. Time management â€Å"Do as I say, not as I did.† This is a piece of advice, which Steven Vaughan always gives to his students. When the lecturer was a student himself, he used to stay awake all night in order to finish his essay at 6amfor 9 am tutorial. Vaughan thinks that studying should be treated as a typical nine-to-five job. Working at night or at the weekend is not something that will help you reach your goals. What you need is the discipline and a timetable sticking to which might make your student life much easier. When you finished writing, leave your essay for a while. Come back to itsome timelater and proofread it. Looking at the text with fresh eyes will help you see the imperfections and errors that were not obvious to you previously. It would be ideal if you have a trusted person or two who could give you feedback on whether you managed to convey the message in your essay effectively enough. Choose the person who is capable to be completely honest with you.

Constitutional Adjudication of the External Affairs Power

Constitutional Adjudication of the External Affairs Power Free Online Research Papers TITLE: ‘Areas of what are of purely domestic concern are steadily contracting and those of international concern are ever expanding’ by Stephen J in Koowarta v Bjelke-Peterson (1982) 153 CLR 168, [217]. (i) Introduction The Commonwealth of Australia Act (‘Constitution’) confers the principle that the powers of the Commonwealth are received from and limited by it. That is, the Commonwealth Government is subjected to the law like everybody within Australia. Under the Constitution the Commonwealth Government is also responsible for ‘’. This power has allowed the Commonwealth to create laws in a widespread manner. In instances, overriding State Government (‘States’) powers which are specifically protected in the Consitution. The States have appealed to the High Court of Australia (‘HC’) disputing that the Commonwealth Government’s legislation is constitutionally invalid. The following cases will display the arguments the States have taken in an attempt to place limits on the Commonwealth Government’s power under the external affairs banner. More specifically the proposal that the Commonwealth Government may abuse its power by passing legislation and simply attaching it to a related signed treaty. The HC has a history of giving the term ‘external affairs’ a broad meaning and effectively giving the Commonwealth Government extensive legislative opportunities. It will be discussed how the HC has recognised minimal practical legal restraints when the Commonwealth Government is utilising its external affairs power when implementing treaties. (ii) The Separation Of Powers Responsible Government To fully understand the issues the States are confronting it is necessary to give a brief understanding of the Constitution . The Constitution defines the functioning bodies of the Commonwealth, the matters it has the power to legislate over and the HC. The Constitution implies that there is a distinct separation of powers between the three institutions, being the legislature, executive and judiciary. However Australia adopted the responsible government model where the Executive Government members come from the Commonwealth Parliament that holds office in the House of Representatives. Australia also adopted a Federal system of government so that effectively the States preserved their legislative powers, except those given to the Commonwealth by the Constitution. The States could legislate on any matter but become invalid if contrary to Commonwealth legislation made pursuant to s51. (iii) Treaty Treaty is a universal word compiling of agreements, conventions, exchanges of notes and letters, protocols and other instruments administer by ‘international law and giving rise to international rights and obligations.’ The Constitution does not give specific powers to the Governor General to sign treaties with other Countries , but the power is fundamentally an adopted prerogative power of the Crown. (iv) Treaties As Australia is a contracting party to the ‘Vienna Convention on the Law of Treaties’ it must align its implementation of treaties in accordance with the provisions of treaty. However Australia, like other nations have the right not to partake, abandon and to make provisions about some concerns of the treaty. This leads into the later discussed argument of whether a treaty should be appropriately adapted in law. (v) Scope of External Affairs Power Many aspects of the Commonwealth Government’s power to pass laws with respect to ‘external affairs’ under s51(xxix) have not yet been fully examined. There are however three current distinct perspectives. Firstly, being ‘relations’ with other countries. In R v Sharkey it was held that seditious acts incorporated treasonable acts against any Commonwealth country, and therefore could affect Australia’s relations within the Commonwealth. . However in this case Latham J broadened external affairs by concluding that the power extended to Australia’s relations with all other countries. This broad ‘relations’ perspective can also help to validate the implementation of treaties into legislation by arguing that if treaties are not implemented appropriately it could possibly effect the relations with other countries or with international organisations. This was shown in the case of XYZ v Commonwealth where Kirby J indicated that maintaining relations with international organisations, such as ‘United Nations treaty body with responsibility for implementation of the Convention on the Rights of the Child,’ may be sufficient to validate legislative provisions. Secondly, affairs that are essentially external to the land mass of the Australian continent. In the New South Wales v Commonwealth (Seas and Submerged Lands Case) it was found that the Commonwealth legislation was a valid exercise of external affairs power granted by s51(xxix). As it dealt with issues that were ‘geographically situated outside Australia’ and therefore appropriately fell under the umbrella of the external affair powers. Mason J in this case elaborated on the scope of the power, holding that external affairs should be interrupted in a very broad and general way. In XYZ v Commonwealth the joint judgment of Gummow, Hayne and Crennan JJ held that this broad view was sufficient to validate legislation if it simply dealt with conduct that had occurred outside Australia. Thirdly, which will be largely discussed below, is in relation to how the Commonwealth has produced legislation for their obligations when it enters into international treaties. It has been argued by some of the States that the Commonwealth is acting unconstitutionally when it implements legislation which effects the operations and legislation of the States. The Commonwealth Government countering this argument by indicating that if legislation comes under the umbrella and protection of s51(xxix) then it makes it constitutional. (vi) Scope broadening The HC has for many years continued to allow a very broad interpretation of external affairs. For example, in the Polyukhovich v Commonwealth (War Crimes Act Case) it was held that any legislation that is characterized with respect to anything ‘occurring or situated outside Australia is a law with respect to â€Å"External affairs†Ã¢â‚¬â„¢ is constitutional. It was further stated by Brennan J, that Australia must be seen to be able to make laws that are ‘conducive to international peace and order’ that are derived from international agreements. This addresses the later argument whether restraints should be very limited. (vii) Implementing Treaties Professor Harrison Moore expressly held that implementing legislation in response to treaty obligations under external affairs power must be limited to matters that were actually external to Australia and did not encompass matters that were ‘purely domestic’. In R v Burgess; Ex parte Henry, Moore’s view was considered but was over turned, holding that Australia could not be limited in signing treaties in advance of the fluctuating international environment. This highlights the concern if the current constitutional federal system can appropriately deal with the new global environment and if practical legal restraints may only further burden the Commonwealth Government’s approach with dealing with it. Alternatively if the Commonwealth Government is simply abusing its constitutional powers under s51(xxix). This case also endorsed the position that external affairs is extended to international recommendations, draft international conventions or international requests. But in Victoria v Commonwealth (IndustrialRelations Act Case) a practical restraint was placed on recommendations that related to treaties, in that they must embody the treaty. The HC did not conclusively restrict this restraint when recommendations were independent of a treaty, however offered that the legislation would have to be seen to be ‘appropriate and adapted’ to the international recommendation. (viii) Conformity with the Treaty In R v Burgess; Ex parte Henry case it highlights that legislation passed in response to a ratified international treaty should be in ‘conformity’ with the treaty, however this will depend on the treaty provisions. As an ‘inflexible and rigid adherence’ to the treaty would not allow the Commonwealth Government to apply legislation that is suited to the Australia conditions. This approach was strengthen in R vPoole; Ex parte Henry (No 2) where laws were valid if they were ‘sufficiently stamped with the purpose’ of the treaty or in another case, where the laws were not inconsistent with carrying out the treaty. This altered to a test of ‘reasonable proportionality’ where the laws purpose must be to embody the treaty. Deane J held that the court would not invalidate legislation if it only â€Å"‘partially’† realise the treaty but only if the terms were contrary to the treaty. It was later considered that a better test would be that the legislation ‘must be reasonably capable of being considered appropriate and adapted to implementing the treaty’. This test allowed for a measure of practical legal restraint by invalidating some sections of the legislation that were adverse to the treaty. Therefore this test could be argued that it enables the States to practically restrain the Commonwealth legislation by requiring it to be aligned with the treaty. However, as the Commonwealth is a party to a treaty that which is to be embodied in the legislation, it may be able to influence the treaty to meet the Commonwealth’s agenda. If this is achieved then the only legal restraint would be to argue that the treaty was created in bad faith, which will be discussed later. (ix) Further Widening of the Power Reducing Legal Restraints. The scope of the external affairs power was certainly widened in the following mentioned cases of Koowarta v Bjelke-Peterson and Commonwealth v Tasmania (Tasmanian Dam Case). In the first case, Koowarta v Bjelke-Peterson three decisions of the majority judgment held that there should be no limitation that the power had to relate to a sufficient international significance. However, three minority decisions held that a treaty must be ‘indisputably [of] international character’. The other majority decision effectively held that this was to narrow and formed that it only must be of an ‘international concern’. (x) International Concern Stephen J holds that external affairs may include things outside of treaties, being where Australia has to serve international concerns. This brings about the idea that laws may be implemented by the Commonwealth simply through an international obligation in matters of worldly fundamental individual’s rights which have evolved into customary international law. This idea incorporates a jurisprudence approach to the issue of how the HC would act in response to individual rights. Individual rights was also discussed by Dixon J in R v Burgess; Ex parte Henry which illustrated that if the Commonwealth Government implemented legislation that affected the rights of individual citizens in a ‘particular way’ would not be valid as a matter of external affairs. This would lead to jurisprudence type reasoning in relation to judicial activism and whether rights are absolute. Perhaps this could be an effective legal constraint but the legislation would have to dispose of significant rights in order to invoke an argument of this calibre. In the Commonwealth v Tasmania (Tasmanian Dam Case) Gibbs CJ continues to interpret ‘international concern’ by indicating that it will depend on the level to which other countries regard it to be an international duty to act. As this question can only be answered by assessing the international environment at the time the legislation was implemented, it will cause the HC to decide on a constantly changing factual matter. The HC has stated that these types of matters which involved weighing up internal and external social, political and economic matters are for the Commonwealth and not the court. This effectively allows the Commonwealth Government the power to evolve legislation under the external affairs powers into many new areas, including the matter of preserving land normally considered a States domestic domain. For this reason it is difficult for the court to apply any practical legal constraints on the Commonwealth Government in advance of any future legislat ion. In Addition, it asked the question if legal restraints would only create paralysing problems for the Commonwealth Government in adapting to the world environment. (xi) Expansion of International Law Impacts Dawson J dismisses the expansion of international concerns must influence the expansion of the external affairs power by holding that a domestic law matter can remain just that and does not have to evolve into an external affair. However, the majority decision in Industrial Relations Act case conclusively held that as the Constitution was created in a time where there were significant worldly changes happening the term ‘external affairs’ should not be frozen in the 1900. Therefore, adding to the argument whether there should be any restraints on the external affairs power. (xii) Reciprocal Benefits In Commonwealth v Tasmania (Tasmanian Dam case) Mason J addresses the States’ argument that where there is no reciprocal benefit with other countries, then how can it be regarded as an international concern. Mason puts forward the proposition that it is difficult to measure the reciprocal benefits to other nations and therefore this should not be a factor in determining external affairs. If a benefit is required for it to become an external affair matter then this should be adjudicated by holding that countries would not labour with nonsense issues, and therefore, just the mere fact that Australia has entered into a treaty is sufficient to establish an international concern. Mason J takes this position under the assumption that it is not the role of the court to assess the subject matter of treaties and then as a matter of fact determine them to be of international concern, as this is for the Commonwealth Government. As questions about treaty benefits or international relations are informative judgments that should be done by the politically elected and accountable government. Therefore, Mason J has effectively given the Commonwealth Government no practical legal limits of ensuring it does not abuse its external affairs power. This effectively would undermine the Federation levels of legislative power, which Dawson J rejects as unconstitutional. (xiii) Bad faith or Bona vide treaties The Koowarta case highlighted that the Commonwealth Parliament could effectively be able to create laws in a universal way across Australia. This would be contrary to the ideology of federalism found in the Constitution, where it is suppose to retain domestic type concerns to the States. Gibbs CJ held that if the Commonwealth was entering into a treaty in order to create broader legislative powers then this would be in ‘bad faith’ and would invalidate the power. However, it would be difficult to conclude that if a treaty was entered into for this purpose, but was already of an international concern, then this would not be held to be in bad faith. Similar problems would arise in order to legally restrain the Commonwealth Government in examining if the treaty was ‘bona vide’ as suggested by Dawson J in a later case of Richardson v Forestry Commission. However, it does leave a small opportunity for a practical legal argument that if it isn’t a bona vide treaty, therefore it can not be utilised to implement legislation under the external affair power. (xiv) Unconstitutional If the court continues to allow a very broad interpretation to external affairs power, it is effectively undermining other sections of the Constitution. These other sections positively separate powers into Commonwealth and State matters. However, if the Commonwealth can bring the matter under the umbrella of the external affairs power it has effectively limited the use of the Constitution as the other sub sections in s51 are not utilised. This in itself is unconstitutional as it is for the majority of the people of Australia that have the capacity to change the Constitution. The broad interpretation of external affairs has been drawn from the fact that most international matters are very complicate and sensitive and the HC has decided that these matters should be left to the Commonwealth Government to adjudicate on. (xi) Conclusion It becomes apparent that as the world is becoming more connected and overlapped, matters of international affairs will increase. The HC has appeared to reflect this proposition by allowing the Commonwealth Government to bring many once held to be State domestic concerns under the umbrella of external affairs. However they have held that as the power relates to ‘external affairs’ it does allow the HC to examine the circumstances of a treaty and to invalidate legislation if the treaty was made in bad faith. However, this would be in limited circumstances that the HC would take this view as it is seen, essentially, as a politically matter. Bibliography 1. Articles/Books/Reports Blackshield, Tony and Williams, George, Australian Constitutional law and Theory, Federation Press, 2006. Coorey LJM and S Ratnapala, The High Court and the Constitution- Literalism and Beyond (1986). Craven Gregory, The Convention Debates: Commentries, Indices and Guide, (1986), 203. Dworkin Ronald, Taking Rights Seriously, 1977 Greig D. W, The Australian Year Book of International Law, (1981-1983) Vol 10 at 528. Lewis David, The external affairs power child sex tourism offences, Litigation Notes (2006) 14. Moore Harrison, Commonwealth of Australia, (1910) 2nd Ed, 461. Omar, Imtiaz, Constiutional Law, Butterworths 2003. 2. Case Law Airlines of NSW Pty Ltd v New South Wales (No 2) (1965) 113 CLR 54. Al-Kateb v Godwin (2004) 219 CLR 562. Andrews v Howell (1941) 65 CLR 255. Case of Proclamations (1611). Commonwealth v Tasmania (Tasmanian Dam case) (1983) 158 CLR 1. Koowarta v Bjelke-Peterson (1982) 153 CLR 168. New South Wales v Commonwealth (Seas and Submerged Lands Case) (1975) 135 CLR 337. Polyukhovich v Commonwealth (War Crimes Act Case) (1991) 172 CLR 501. R v Burgess; Ex parte Henry (1936) 55 CLR 608. R vPoole; Ex parte Henry (No 2) (1939) 61 CLR 634. R v Sharke (1949) 79 CLR 121. Richardson v Forestry Commission (1988) 164 CLR 261. Roche v Kronheimer (1921) 29 CLR 329. Spratt v Hermes (1965) 114 CLR 226. Victoria v Commonwealth (Industrial relations Act Case) (1996) 187 CLR 416. XYZ v Commonwealth (2006) 227 ALR 495. 3. Legislation Commonwealth of Australia Constitution Act. 4. Treaties 5. Other Sources Other notes cut out of assignment and to be used for study only purposes. (iv) Political view The Commonwealth Government has shown that as it has the inherent prerogative power to sign treaties and the constitutional power to legislate accordingly to them, it has taken a very firm position reducing the States’ legislation. This is politically evident when in 1983 the Commonwealth Government adopted provisions for the need of consultation with the States in regards to treaties. The following provision is an example of the firm view held by the Commonwealth Government that they were not going to be hindered by the States, even though they acknowledged that as the States were going to be effected they should be consulted. The provision states, ‘The Commonwealth endorses the principles and procedures, subject to their operations not being allowed to result in unreasonable delays in the negotiating, joining or implementing of treaties by Australia.’ Research Papers on Constitutional Adjudication of the External Affairs PowerAppeasement Policy Towards the Outbreak of World War 2Bringing Democracy to AfricaPETSTEL analysis of IndiaQuebec and CanadaComparison: Letter from Birmingham and CritoAssess the importance of Nationalism 1815-1850 EuropeNever Been Kicked Out of a Place This NiceCapital Punishment19 Century Society: A Deeply Divided EraDefinition of Export Quotas

BMW CENTRAL BUILDING (Leipzig, Germany) Essay Example | Topics and Well Written Essays - 2500 words

BMW CENTRAL BUILDING (Leipzig, Germany) - Essay Example Name Tutor Task Date BMW CENTRAL BUILDING BMW central building in Leipzig Germany, is a magnificent building designed by Pritzker Prize together with Zaha Hadid architects, this happened in the year 2003. The building was designed with the concept of holding the integral sections that involved in the production of the BMW vehicles in one roof. Initially, the BMW real estate and facility management group had designed the three separate production units; the competition was put up to design the interlinked three core production units ( Aaron Betsky, 256). The best design by the Zaha Hadid and the Pritzker Prize to interlinked the three productions unit, which is the paint shop, the body building shop, and the assembly area; also included were administration, Restaurant for the staff. The conceptual idea behind the design, and building of this state of the art building which is a nerve centre of all the factory processes of assembling BMW vehicles was to allow easily movement of assembl ed body parts to be conveyed from one production unit of an elevated building to the other production unit. The focal point of designing and building an assembly hall, was to create enough space around the production line, was to give room for further expansion of the hall in the future without disruption to production. The magnificent building is not only functioning as a production piece of the factory, but also an epicenter of so many activities, including; the public relation area, offices, and the meeting room. The environmental approach was put into considerations, when the stipulate the use of water based paints to avoid environmental conflicts. The BMW central building is made up of several elevated conveyers which are made of a standard range of building materials like corrugated metals, channel glass and glass walls; this gave it a spectacular appearance and a unique design which stand out to be a unique building in Leipzig, Germany. The whole BMW central building covered 2.2 kilometer square that is 540 acre piece of land. The fabrication of bodies’ hall covers 640,000 square feet; the paint shop is covering 270,000 square feet and the assembly hall which is the largest cover 1,075,000 square feet. Included in the structural design is the large parking yard, the integral structural feature has the dynamic spectacle where it allows the movement the inherent dynamism movement of car bodies and vehicles and the arrangement of the parking lots giving it a gorgeous look. The other unique features in the building are such like the strategy used to organize the cross section that connect the ground floor and the first floor, there are two sequences of terraced plates of staircases that were set up from the southern part of the building to the northern part of building. The other staircase moved straight up from the ground floor meeting the first cascade then moving up to the space projecting the entrance. The advantage is that the articulation of th e most recognizable domain within an overall field. The materials used in the internal organization and walls separating the conveyors allow visual communication much more among the staff of all the ranks; this is to avoid the common tradition of segregation of them into a status group. The designing and building of this centre followed the modern organization of the offices in such a way that can provide a working

The Ku Klux Klan Essay Example | Topics and Well Written Essays - 2500 words

The Ku Klux Klan - Essay Example born terrorist organization, it is required for us to investigate the beliefs, rituals as well as the strategies of terror of the Ku Klux Klan. The faiths and beliefs of the Ku Klux Klan are fascinating and help delineate the motives and targets for their rituals and strategies of terror. However, there is a correct understanding of the history of the Ku Klux Klan and the United States that helps in understanding the origins of their faiths. By following the Revolutionary War, the United States was led by the main-stream of white Protestants who shared the old Puritan belief in their elite status (Horn, 2006). This group believed that the liability of self-government and the full liberties as well as civil rights profited from independence were in their fit in. many of the white Southerners possessed a long family history of owning slaves and felt supreme to the African Americans. The unshackled blacks living in the South were resented and observed to be inferior by most of the white Southerners. ... ality and democracy, the emergence of Ku Klux Klan followed the Revolutionary War against religious, ethnic, and cultural groups who were targeted as non-Americans (Kelly, 1998). The Ku Klux Klan was founded in the year 1866 by the retired Confederate soldiers who looked for a social group and the activity in order to fulfill their time (Horn, 2006). Firstly, the Klan targeted African Americans as a resource to imitate their humorous pranks on. Nonetheless, the Klan was soon organized in to a military ladder and profited of thousands of members who were politically and emotionally driven against the blacks and equality politics. in following the Reconstruction, Klan members delineated the purpose of their organization as a peace-maintaining organization which was targeted at self-defense. Most of the members feared the rise of independent blacks, thinking that they were becoming violent and threatened the security of the white Southerners. The second era emerged with Klan becoming as a secret organization. However, as noticed by Martin, in the third epoch the Klan grew as a glorified public organization with approximately four million members (Martin, 2006). The widespread recognition of the Ku Klux Klan came from the shared faiths in nativism and wistful ideas of a previous better America. Moreover, with the help of Ridgeway and Stalcup's view, the Klan emerged as an organization which was focused against the rapidly transforming world and the perceived threat to its being and value system (Ridgeway, 1995; Stalcup et. al,

Palliative Care Essay Example | Topics and Well Written Essays - 2000 words

Palliative Care - Essay Example Advanced Squamous Carcinoma of the Left Maxilla and Cervical Lymph node Metastases. The lady has already undergone a palliative radiotherapy of the tumour in the maxilla and cheek. The present situation of the lady points towards the fact that there was no obvious development of her state from the previous condition. Rather there has been a further deterioration in the health of the patient. It was observed that the ulcer has become large, necrotic and spread out in the mouth of the patient. In this respect, the conditions of the patient are identified to be more critical as compared to previous health state. The deterioration of health conditions and prevalence of the disease were causing huge pain to the patient. Subsequently, her son decided to put her under the palliative care of the hospital owing to her deteriorating general conditions. The essay elaborates on the critical analysis of the case with special emphasis on the given situation and the possible palliative care that could assist in relieving the lady from her present situation. The future efficient palliative care that should be considered to develop the present situation of the palliative care through proper application of guidelines in order to prevent further deterioration of the health condition of the patient. According to the case scenario, the 71 year old patient is observed to be suffering from severe disease i.e. the maxilla and cheek tumour. The lady has already been treated with a palliative radiotherapy treatment. The palliative radiotherapy is usually done to relieve the pain of patients suffering from the bone metastases or any other incurable diseases (Zhu, 2012). Since, the disease is observed to be less responsive to curative treatment, palliative treatment is used to enhance the quality life of the person through relieve of suffering. Considering the incurability aspect of the disease, the lady was treated with the palliative

The Relationship Between Job Satisfaction And Employee Turnover Management Essay

The Relationship Between Job Satisfaction And Employee Turnover Management Essay Judge, Timothy A. and Bono, Joyce E. (2001). Relationship of Core Self-Evaluations Traits-Self-Esteem, Generalized, Self-Efficacy, Locus of Control, and Emotional StabilityWith Job Satisfaction and Job Performance: A Meta-Analysis. This article presents results of the relationship of 4 traits: self-esteem, generalized self-efficacy, locus of control, and emotional stability (low neuroticism): with job satisfaction and job performance. Hence, it hypothesizes that: H-la: Self-esteem is positively related to job satisfaction, H-lb: Generalized self-efficacy is positively related to job satisfaction, H-lc: Internal locus of control is positively related to job satisfaction, H-ld: Emotional stability is positively related to job satisfaction. This is also an in depth study of factors affecting job satisfaction which in turn effect employee behavior and turnover. The analysis of these variables showed that each trait had a positive relationship with job satisfaction. The authors have ident ified each of these traits as the independent variable and job satisfaction as the dependent variable. Research was based on reviewing literature that defined and linked each of these traits with job satisfaction. Studies of the past 40 years wer included and data was only included from those that had a sample population of employed adults. Students, athletes and the unemployed people were left out as were special data samples like doctors, physicians etc. One point to notice in this study is their implication that satisfaction of employees is not just based on monetary terms and conditions, but stems from psychological well being and treatment of employees as well. This increases the scope of the term job satisfaction and includes variables like self-esteem and emotional stability too. Khalid , Salman and Zohaib I., Muhammad. (2010). Job Satisfaction among Bank Employees in Punjab, Pakistan: A Comparative Study. This article focuses on various variables that make up job satisfaction including work, pay, promotion, salary and recognition and discusses job satisfaction itself too. On the whole satisfaction has been taken as a dependant variable and various other factors like promotions, salary, job security, recognition, work environment etc are considered as the independent variables. The study was conducted in order to find out the level of satisfaction among Public and Private bank employees and whether factors like working hours, team spirit, work life balance, benefits, working environment and job security influenced their job satisfaction. A survey was conducted to gather data, which included a sample size of 200 people. Questionnaires were given to people in three different cities of Punjab: Lahore, Faislabad and Sialkot. Two banks from each sector were taken and included the NiB Bank, Summit Bank, Bank of Punjab and First Women Bank. Data was gathered by floating a structured questionnaire which included the Likert scale. The results show that the employees of private banks are more satisfied then those in public banks mostly due to factors resulting from fringe benefits, salary, and efficiency in work and coworker relations. This article highlights the fact that the perception of job satisfaction is greatly affected by factors including job security, benefits and recognition. Fawad H., Muhammad and Kamal, Dr. Yasir. (2009). Pay and Job Satisfaction: A Comparative Analysis of Different Pakistani Commercial Banks. Although the title mentions the relation between pay and job satisfaction but this article takes into account other variables like job involvement, promotion, recognition and commitment. The research question for the study was whether pay is the major factor for job satisfaction among Pakistani bank employees. Pay not only includes the salary itself, but all other emoluments and short and long term fringe benefits. Job satisfaction has been described as a relative phenomenon which affects and employees performance and is related to how the employee responds and deals with customers. It is important hence, to measure what embodies job satisfaction. The common assumption is that a satisfied employee will deal pleasantly with customers, are more friendly and responsive as well. Salary has been taken as a dependant variable and various other factors l ike promotions, job stress, job security, learning, work environment and others are considered as the independent variables. This was a comparative study, and the questionnaires were floated in three banks: United Bank Limited, Allied Bank Limited and Standard Chartered Bank. According to the results the job satisfaction of bank officers is significantly dependent upon pay, promotion opportunities, rewards, relation with boss and coworkers. Imran M., Muhammad, Fernando G., Solomon, Ahmad Mehboob and Iqbal S., Muhammad. (2010). Examining the relationship of work life balance, job satisfaction and turnover in Pakistan. As discussed in previous articles as well, improving the quality of work life balance facilities not only helps in improving the productivity but also helps in increasing employee loyalty and job satisfaction. Organizations are striving for better performance to compete with their competitors. For this reason they are trying to retain their valued employees and are considering the issues relating to work and life. Job satisfaction and turnover intentions are the reflection of the viewpoint that employees have about their organizations in which they work. Employees generally show high levels of job satisfaction. The researchers found that the work conditions were the most influential on the job satisfaction. The work conditions included were the non-monetary characteristics of their work mainly including goo d social relationships with their colleagues ad supervisors, promotion opportunities, professional development opportunities, and participatory management strategies. The negative relationship of work life balance, job satisfaction and turnover intentions provides a guideline for the organizations that the more organizations provide better facilities to maintain the balance between the work and the non work activities the more employees will tend to remain with the same organization. Similarly the satisfied employees are the assets of any organization and they will remain with the organization. Saeed ul Hassan Chishti, Maryam Rafiq, Fazalur Rahman, M.Phil., Nabi Bux Jumani, and Muhammad Ajmal (2010).Impact of Participative Management on Employee Job Satisfaction and Performance in Pakistan. This research highlights a new variable that affects the performance of employees in Pakistan: Participative management. Participative management is especially important in todays highly competitive world to give organizations a competitive edge. The hypothesis for the research was whether there is a positive relationship between participative management and employee job satisfaction. Randhawa, Gurpreet. (2007) Relationship between Job Satisfaction and Turnover Intentions : An Empirical Analysis. This research conducted by Ms. Gurpreet Randhawa concludes that there exists a significant negative correlation between job satisfaction and turnover intentions. Turnover intentions remain a good measure to gauge actual turnover of employees. The paper collected data from 300 scientists, half of whom belonged to the National Dairy Research Institute and the remaining half from Agriculture Extension Centre. The sample selection was done through the random sampling technique and a comparative analysis was later done to measure the difference between the results of the two population samples. No significant difference was found. The research emphasizes the need to measure job satisfaction as business in todays world has changed drastically. Complexity has increased with increasing amounts of competition. Employees now have far more choices at their disposal whereas organizat ions bear significant losses with high turnover rates. Islam, Nazrul and Chandra Saha, Gour, Job Satisfaction of Bank Officers in Bangladesh. This paper studies the variables that affect job satisfaction of the bank officers in Bangladesh. The results of the study conclude that factors like salary, efficiency in work, fringe benefits, supervision quality, and coworker relations that affect job satisfaction considerably. Private bank employees were seen to be more satisfied then public sector employees as the former enjoy better salary, working environment and fringe benefits. The purpose of the study was three fold: to identify the level of job satisfaction among employees, to study how factors like job experience, age and gender affect job satisfaction and finally to measure the job satisfaction of public and private bank employees. A sample of 129 employees was used in 4 cities and nine different banks of Bangladesh. The sample was selected purposefully and was interviewed personally whereas a structured questionnaire was used to colle ct results. Azhar Sheikh, Muhammad, Qamar, ul Wusat and Iqbal, Fariha. Impact of Human Resource Management Practices on Employee Retention (A Case Study of Education and Banking Sector in Bahawalpur). As explained above, employee retention has become exceedingly important for organizations due to the increased level of competition and associated costs. This research sheds light on the HRM practices that may affect the level of job satisfaction in employees. The study relates career development opportunities, supervisor support, working environment, rewards and work-life policies to employee retention. The group under observation included the Islamia University of Bahawalpur and various banks in the same city. Employee retention was taken as the dependent variable whereas all the above mentioned factors were taken as independent variables. Observation was carried out from a sample size of 110 pople and data was collected through questionnaires. Data was analyzed using the software program SPSS an d a positive relationship was found between HRM practices and employee retention. This proves that organizations that focus on their human resource policies will have satisfied employees leading to fewer turnovers. Rizwan Saleem, Azeem Mahmood, Asif Mahmood (2010) Effect of Work Motivation on Job Satisfaction in Mobile Telecommunication Service Organizations of Pakistan. In addition to studying the impact on job satisfaction of work motivation, this article also aimed at exploring to what extent employees are satisfied with different dimensions of their job in the mobile telecommunications services of Pakistan. The extent determines their turnover rate. Velnampy (2008), in his study on job attitude and employees performance concluded that job satisfaction contains positive influence on the performance of the employees as it enhances job involvement and the higher performance also makes people feel more satisfied and committed to the organization. Herzberg (1959) has described a relationship between two variables as Job Satisfaction is the result of two kinds of factors, intrinsic and extrinsic factor. Basically he states that intrinsic factors valued the job satisfaction and extrinsic factors c ause dissatisfaction and reduce the level of job satisfaction. Another name for the extrinsic factors was hygiene factors. According to Herzberg, the hygiene factors results in the form of dissatisfaction and these were external or environmental features e.g. company policy and administration, supervision, work conditions, salary and benefits. The intrinsic factors are also called Job satisfaction has been taken as the dependent variable whereas work motivation is independent. The authors believed that motivation lead to an increase employees performance into other level and eventually the positive effect goes toward companys recital. The standard deviations in the article showed the diversity of data which indicated that there was a variety of opinions between the employees. There was a positive relationship between the motivation and job satisfaction. Overall the employees were quiet satisfied with their jobs and had their interest in their job. More than average employees are mot ivated to work for the organization and turnover rates are not high. This article gave me an overview of a specific variable, job motivation on job satisfaction and eventually employee turnover rate. It was also based on a study of two telecomm service providers which was relevant to my sector. Rana, Tariq Mehmood; Salaria, M. Rashid; Herani, Gobind M. and Amin, Mohammad (2009) Identifying Factors Playing Important Role in the Increasing Employees Turnover Rate: A Case of Telecom Industry in Pakistan. This article aimed at identifying factors that played an important role in increasing the employees turnover rate. As there is intense competition in the industry, this article examined the practices followed in the telecomm industry of Pakistan to retain employees. The results have shown that Salary, Working Environment, and Benefits are three significant factors effecting employee turnover and correlated with each other. The present study found support for an independent variable with Employee turnover. In this study the authors found significant negative correlation for Salary, Work Motivation and Benefits. High employee turnover is becoming a problem in todays corporate environment which reduces productivity and puts a stain on the organizations name. This study found that individual variables have significant impact on Employee Turnover. As Salary increases and Working Environment and Benefits are good, the turnover rate drops. For my research this article provides a detailed analysis of employee turnover rate and job satisfaction and provides useful insights.

The Zoo Story by Edward Albee Essay -- essays research papers

In a crowded city such as Manhattan, it was no wonder that a man like Jerry felt lonely. He was without a friend, a mother and father, and the typical 'wife, two children, and a dog,'; that many others had. Jerry was thrown in a world that he felt did not want him, and his human flaw of wanting to escape loneliness led to his tragic death. In Edward Albee's play, The Zoo Story, all Jerry wanted was to be heard and understood, and in the end, after sharing his life story with a complete stranger, he got his final wish - death. The Zoo Story not only tells of the alienation of man in modern society, but also reflects the philosophy of twentieth century existentialism.   Ã‚  Ã‚  Ã‚  Ã‚  Jerry made a conscious choice of wanting to end his life, while Peter, a man that chose to act as the 'guinea pig'; and stayed and listened to Jerry's story, made a conscious choice of picking up same knife that killed Jerry. Although it was Peter who held the knife that killed Jerry, it was Jerry who took the responsibility to - despite great effort and pain – 'wipe the knife handle clean of fingerprints'; to allow no trace of the murderer. However, although Peter escaped without responsibility, he had to deal with the guilt that it was him who held the weapon that ended the life of Jerry. Peter had to face the rest of his life being aware of how others lived, and how one can feel so indifferent to the world yet live in the very same part of the city.   Ã‚  Ã‚  &n...

The effect of hyperinflation

The main effect of hyperinflation is that consumers struggle in buying what they need. The prices of goods rise continuously, so people do not have enough money to buy the items they would have been able to afford previously. This results in debt, which would be hard to pay off especially if prices continue to rise, or going without, which could cause health issues. There is also the temptation of theft; in desperation some people might be drawn to thievery to support their family. Even for those few people whose salary kept pace with inflation, it was hard to buy the goods. They needed so much money to buy what they needed that they would physically struggle to transport the money to the shop. In some cases of hyperinflation, people had to transport money in wheelbarrows because they needed so many notes for even small items. An example of this was in Germany 1923, where a single loaf of bread eventually cost 200 billion marks. Another result of prices rising all the time was that workers had to get paid twice a day to rush out and buy their goods before prices rose even more. Furthermore, this meant that wages never caught up with the ever-diminishing value of money, and were insufficient to cover the costs. Another important effect of hyperinflation is that people in general struggled with growing shortages. When small items were equal to thousands, or even millions, of notes, foreign suppliers started refusing to accept the hyper-inflated currency. This meant that imports dried up and shortages of food and other goods got worse, for everyone. In addition, savings, insurance policies and pensions became worthless. This mainly affected the middle class, particularly old age pensioners, and widows. For unemployed people relying on savings and pensions, this was devastating and caused many problems. On the other hand, this worked to the advantage of those in debt before the hyperinflation, who would now easily be able to pay them of as the sums involved became worthless. Businesses were greatly affected by hyperinflation as well, for good and bad. Wealthy businessmen would benefit from hyperinflation because property was cheap and with smaller businesses struggling; the bigger, more successful businesses would take over the smaller ones at low cost. . Unfortunately, it didn’t help smaller businesses as much. They had to pay higher wages which they could not afford and had less buying power. They were also in risk of being bought out by the bigger businesses leaving them unemployed. Leading on from this, the workers would struggle too because when the smaller businesses got taken over, they would lose their jobs and then struggle to pay for goods, whilst unemployed. . On some occasions, one result of hyperinflation was that the government printed more money. This made it better to start with, but ultimately made inflation worse and initiated another cycle. As the prices rose, more money was printed, causing prices to rise again. In conclusion, the main effect of hyperinflation was that people struggled with buying what they needed, however there are many other effects that caused shortages and hardship: savings and debts becoming worthless, bigger businesses taking over the smaller ones, leading to unemployment, and the government printing more money. There are lots of effects of hyperinflation, and although it benefited a few people, on the whole, it caused chaos and misery for the people.

Hinduism Essays - Religion, Hinduism, Hindu Denominations, Hindu

Hinduism Essays - Religion, Hinduism, Hindu Denominations, Hindu Hinduism Hinduism It is not sure where the earliest practices of Hinduism came from. The best evidence suggests that it originated from the Indus valley civilization around 4000 B.C. to 2000 B.C. During this time period Hinduism was influenced by many different invasions. Around 1500 B.C. the Aryan Indo European tribes invaded Northern India. With this invasion they brought their religion of Vedism. The Vedic Arians influenced the practices and beliefs of the Indus valley people and gave Hinduism its distinct identity. It is also said that this theory may not be accurate. Some people say that the time the Arians invaded India does not agree with other historical dates. What was clear was that there was a combining of cultures lead to what is Hinduism today. Hinduism is not really considered a religion; it is a way of life. It consists of thousands of religions that have evolved in India over the years. The beliefs of the Hindu religion are, in short, that goals like salvation, transmigration, and rebirth are looked upon with reverence. Hindus believe that the realization of some goals is beyond us and should be made a part of our activities while we are still living. They believe that everything we do (Karma) is accounted for by the celestial presence (Chitragupta) and has implication on our next life or rebirth (Punarjanma). The Hindus do not have one leader that tells them a sermon, or oversees what they do. They believe that all jivas (a persons soul) will move through a system of castes or there place in society. There are four castes, followers or unskilled workers, producers such as farmers, administrators, and the Brahmins or seers. The Brahmins are considered the leaders of Hinduism. Each Hindu is expected to perform several rituals everyday as part of there worship. These rituals include things like: making offerings to the gods, to all beings, to departed souls, and especially before eating, and to show hospitality to others and a continuous remembrance of God through the study of Holy Scripture. Hindus meditate, visit holy temples, and do charitable work on a daily basis.

An Example of the Socratic Method Essays

An Example of the Socratic Method Essays An Example of the Socratic Method Essay An Example of the Socratic Method Essay The Republic we come to ponder the question of Justice. Just exactly where In the dialogue does Socrates win over the debate with Trashcans and gain the support of the bystanders? This Is very open-ended and opinionated question, but there are parts of the dialogue In which rises to a climax and then falls. As you read on I express in my best words where I feel Socrates took control of this debate over what Justice is. There is no doubt a lot going on in this dialogue and much back-and-forth between individuals. In that respect it is not easy to pin-point an exact location of where the tides turn in favor of Socrates. From my own perspective of reading this part of The Republic I feel Socrates takes the debate on justice at IEEE. Why do I think this? Well, looking at the before and after of this part it presents to me the climax of the debate between them. Up to this point Socrates is following along with the Idea of relating the different professions to arts since Trashcans thought he was witty to say Socrates did not know the shepherd from the sheep. It Is at this point In which I feel Trashcans cannot save himself and his stance any longer. Lets take a look at the build up to the climax; what has taken place before this to support it as the climax of the debate. Trashcans previous to this is trying to defend his position by saying that the unjust fairs off better than the just. I feel that this dialogue that he has given just completely goes off track of the topic. He tries to give a good punch with words, but instead he starts talking about this trying to cover from Just being told by off by Socrates and agreeing with everything he said previously, because he knows Socrates has put him in a corner at this point. How does he expect to rebound and make a comeback to defend his position like that? He cant so he moves completely away from it and attempts to make Socrates seem fallible with the statement that I previously mentioned of not knowing the shepherd from the sheep. Socrates Isnt stupid though, he knows what Trashcans Is doing when he does this as we see next. After Trashcans gives his ideas on the unjust it appears he is done and feels he has proved his point and is in attempt to vacate the debate. This brings me to my point after the climax. It is to me apparent, Socrates has won. Trashcans is only made out as a fool from then forward. He is tussled now that he has been pressured to remain in the conversation. It is apparent he still feels he has won as he sneers at Socrates when he says he is not convinced. As the reader I was not convinced either at his statement. Just following it, Socrates is able to take everything he has stated and has shown the falsity in his ideas. As Socrates goes on to question what Trashcans has stated In terms of what was previously discussed about the professions and arts, thus proving him wrong again. Aside from what actually took place In this debate It shows a clear example of the Socratic Method. Always ask questions about the question and question the answers to the question. One individual leads another to contradict himself strengthening the ay that the unjust faired out better than then Just, but Socrates turned it right back around and made him contradict himself again. To reiterate once more, we are shown the Socratic Method in this small excerpt of Plats The Republic. We see, in my opinion, the point in which Trashcans has questioned by Socrates to the point in which he begins to contradict his own words. In a good attempt he tried to revive his stance, but it was not enough. Socrates comparison of profession to arts set the stage for Trashcans demise in this argument.

European Union Law Essay Example | Topics and Well Written Essays - 2000 words - 1

European Union Law - Essay Example Section 2(2) of the ECA enables such legislations to be enacted locally in the U.K. This is the enabling provision to repeal domestic laws inconsistent with EC law.3 The Directive comes into force once the set time limit has expired. If the Directive’s provisions are directly effective, an individual can invoke the provisions of the directive before a national court if the time limit has expired and accident occurred after the expiry of the time limit for transposition. The Commission may also bring action under article 258 of TFEU against the Member State. It can also bring an action against the Member State during the period of transposition or before the expiry of the set deadline if it finds that Member State has not taken national measures as in the present case, which can compromise the result envisaged by the Directive. In the case of Directives, they should be transposed within the time specified by the Commission failing which actions could be taken against the Govern ment in the national as well as European Courts. Infarction proceedings before the European Court of Justice can be initiated by the Commission as provided for under Article 226 of the EC Treaty. The Commission can also invoke article 228 in case a member State fails to rectify the lapse even after Article 226 proceedings, which can impose a lump sum fine on the State or an ongoing fine on a daily basis until the breach of law is corrected4. Recently, Ireland lost a case in the European Court of Justice in April 2013 for having failed to transpose the Article 8 of EU Directive 2008/94. In this case of No 398/11 Commission v Ireland, the court has stated at para 48 â€Å"Individuals harmed have a right to reparation against a Member State† if three conditions are fulfilled: There must be an infringement of EU law conferring certain rights to the citizens; the infringement must be serious; and direct causal link between the lapse and the damage to the individuals must be establ ished 5 Liability of the State arises from Article 4 (3) of TFEU which the national courts must ensure in the event of rights conferred by EU law on individuals being denied. To constitute a state liability, there must be a breach of EU law, attributable to the Member State and it must have caused damage to individual(s) as mentioned in the Francovich principle which arose out of Francovich case (1991)6 resulting from violation of the EU Directive which the Member State failed to transpose. Failure to implement can be total or partial. The Government is responsible for violation by different departments and also for the acts or omissions of public bodies who have been delegated with the responsibilities of performance. In Dillenkoffer and others v Federal Republic of Germany (1996)7, the failure to transpose within the time limit itself was held to be a serious violation. Thus, if an individual has interest safeguarded by the directive, state is held responsible for damages incurred by an individual caused directly as result of failure to transpose. This is especially relevant in cases of directives on health and safety at work, equal treatment of women etc.8

International Business Case Study Example | Topics and Well Written Essays - 750 words

International Business - Case Study Example These suggestions and recommendations are further used to chalk out the effective strategies for the accomplishment of organizational goals. Any effective formulation stage always facilitates the ideas and recommendations which are flexible and can be customized as per the emerging challenges and scenarios (Thomas 28). Besides all viable recommendations proposed at this stage need to be pragmatic, realistic and readily implementable. 3. Implementation- In a way this happens to be the most crucial stage of strategy formulation as the eventual litmus test on any effective diagnosis and formulation is that it eventually gets implemented in a methodical and planned manner (Proctor 164). Response- Exchange rates need to be stable and predictable, as reliable and predictable exchange rates have many advantages (Schaefer 46). Stable exchange rates instill confidence in both the importers and exporters regarding the certainty with regards to the foreign payments. Besides unstable exchange rates can wreck havoc on the economies that are predominantly dependent on trade. Unstable exchange can jeopardize the economic growth in such nations. Moreover, stable and predictable exchange rates encourage the international investors to engage in long term investments. In contrast, unstable exchange rates give way to speculative trading in the international capital markets and are more prone to stimulating capital flights from one nation to other. It is a fact that many developing nations do rely on imports to sustain their technology and capital associated requirements. Stable exchange rates enable the developing nations to go on with their development initiatives in a planned an d predictable manner. Stable exchange rates also boost multilateral trade and close trade cooperation between the regional partners. Stable exchange rates are also of pivotal relevance