Commercial Law Practitioner Essays - Insolvency, Bankruptcy

Commercial Law Practitioner Essays - Insolvency, Bankruptcy Commercial Law Practitioner Commercial Law Practitioner 2014 *47 Time Limits and the Appointment of ReceiversAn Analysis of Recent Authorities Mark Heslin* Time limits arise in many contexts in legal practice. A statute may allow a specific period for something to be done. A contract may require a particular act by a given time. Practitioners unilaterally set deadlines for a response, in default of which there will be specific consequences. For instance, a demand may seek payment immediately or by close of business, but what do those phrases mean? Can one validly demand immediate payment outside normal banking hours, and when do these start and end? This article proposes to examine the attitude of the courts to compliance with certain important time limits, and how disputes and ambiguities in relation to such phrases have been dealt with, particularly in the context of the appointment of a The Belohn Ltd (Belohn) owned and operated bars and a restaurant on the corner of Merrion Street and Merrion Row, Dublin, under the name Foley's. The company ran into financial difficulties and on October 10, 2012, its bank appointed a receiver and manager over Belohn's assets. On December 18, 2012, a challenge to the receiver's appointment was brought by Belohn's holding company, The Merrow Ltd (Merrow). Judgment was given in the High Court on the morning of March 22, 20131 appointment was void, a finding based primarily on a requirement in one of the relevant debentures that the bank appoint by writing under its seal a Receiver of the mortgaged property. The receiver's appointment had not been made under seal. by Mr Justice Gilligan. The court held that the receiver's Following the delivery of Gilligan J.'s judgment, the bank's solicitors made a demand on Belohn, later the same day, for the repayment of in excess of 4 million. At the same time, a demand was made on Merrow for in excess of 1 million then due. The demands, which were handed to the relevant director at 16.15 on March 22, required payment by 17.00. In the absence of payment being made, the bank, at 17.10, appointed the same receiver over all of Merrow's property and assets. The only assets of Merrow were its subsidiary, Belohn. The appointment at 17.10 on March 22 was not communicated to Merrow until approximately 16.30 on Sunday, March 24. Petition to Appoint Examiner Upon learning of the receiver's appointment, Merrow presented a petition in its name and that of Belohn seeking to appoint examiners to each company. The application was heard, ex parte, at about 21.00 at the home of Mr Justice Hogan on the evening of Sunday, March 24, 2013.2 petitioner impressed upon Hogan J. the importance of the petition being presented before midnight. Under s.2 of the Companies (Amendment) Act 1990 (the 1990 Act), the court may appoint an examiner upon a petition being presented. Section 3(6) of the 1990 Act specifies an important time limit, providing that the court shall not hear any petition if a receiver stands appointed to the company and has been so for a continuous period of at least 3 days prior to the Of particular interest is the analysis by Hogan J. of the three-day time limit by which a petition must be presented for the appointment of an examiner, following the appointment of a receiver, and the court's comments on any effort to frustrate the bringing of such petitions. The court heard that financial institutions often appoint receivers late on a Friday, because an application for the appointment of an examiner will depend, first, on the company learning that a receiver has been appointed, and, secondly, locating a duty judge over the weekend. The court found that if a receiver is appointed on a Friday, an application on the following Monday would be too late, having regard to s.18(h) of the Interpretation Act 2005. This provides: Where a period of time is expressed to begin on or be reckoned from a particular date, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular date, that day shall be deemed to be included in the Therefore, even if a receiver is not appointed until late on a Friday evening, that day will be included in the computation of the relevant three-day period, which will expire at midnight on Sunday. Financial institutions hoping that a petitioner seeking to appoint an examiner will not become aware of such an appointment in

The Honorable Life of A Lone Warrior †English Essay

The Honorable Life of A Lone Warrior – English Essay Free Online Research Papers The Honorable Life of A Lone Warrior English Essay A city burning as an army of invaders waits at the gate. A lone Warrior stand on top of a hill ready to die a nameless death defending his homeland. A woman works two jobs too support her children, yet still somehow makes it to every parent teacher association meeting. An innocent man sits on death row as his lawyer fights for years to prove his innocence. Another man, guilty of the murder he was charged with, is released from prison. His one wish is to somehow help the family of that he has hurt so badly. A child shoplifts a candy bar, but as they are walking out, they turn around, confess to thier crime, return the candy bar, and gives the shop-keeper the money that they would have paid for the candy-bar. A vagabond stumbles accross a dying man, too late to save him, but just in time to hear the mans dying wish. He pleads with the vagabond to take his wedding ring to his life, and inform her of his fate. The vagabond travels for years in his search before finally finding the mans wife. After the vagabond delievers the news, he is offered any reward he chooices in return for his service. The vagabond ask for nothing and quietly slips away into the night. A young man, after fac ing years of abuse at the hands of his own alcholic father is about to become a father himself. As he looks into his childs eyes for the first time he makes promise to himself that he will never visit any harm onto his child. Today we have many many stories like the ones above. Each one tries to teach a the same lesson. How to be honorable. But have we in our time given up our honor. Has it just become term we use to describe something. What is honor? What does it mean to be honorable? According The American Heritage dictionary it means Possessing integrity. What then would be integrity? An example of what integrity is not is given in Stephen L. Carters essay, The Insufficency of Honesty In that eassy Carter writes, Consider an example. A man who has been married fifty years confesses to his wife on his deathbed that he was unfaithful thirty-five years earlier. The dishonesty was killing his spirit, he says. Now he has cleared his conscience and is able to die in peace.(322) Some mind say at least he was honest. That would be a mistake in thinking. The only way for him to have salvaged any form of integrity and honor having broken his marriage vow would have been for him to have confesse d thirty-five years prior and face the consequence of his actions. As Carter also writes, Besides, even though the husband has been honest in a sense, he has now twice been unfaithful to his wife: once thirty-five years ago, when he had his affair, and again when, nearing death he decided that his own peace of mind was more important then hers.(323) So there is an example of what integrity is not. The best example of integrity would be the story of the shoplifting child at the beginning of this essay. The child did something wrong, realized it, and immediately returned to face the consequences ofthier actions. So now there is a loose idea of what integrity is. Now lets return to the original question. What is honor? The many tellings of the legends of King Arthur have always been an example of honor. Arthur and his knights of the round table. But which version shows what honor actually is. The way the story is told in the movie Excalibur tells the story of a man simply trying to bring peace to his people, beset on all sides by obsticles and betrayels. The more recent movie King Arthur shows a very differant Arthur. In that telling Arthur is a roman general charged with defending Romes northern outpost of Britain. His knights are conscripts from Sarmatia, a land conquered by the romans many years before the events of Arthurs life. Despite that, they are actually his closets friends. His only wish is for them, and everyone else to live free lives. A belief he thinks is shared by everyone back in rome. During the course of the movie he discovers that the bright and shiny version of Rome he has been holding onto in his heart is untrue. Rome at this point has declined to near collapse. Me n are enslaved, corruption is rampent, and everything he believes in is thrown into question. This Arthurs delimia is his belief that high ideals are useless unless they serve a higher purpose. His inital higher purpose is Rome, but when that dream is shattered he slowly realizes that the higher purpose does not have to be represented by a place. It is by the deeds you you do in order to better those around. From all of this we are still left wondering how honor fits into our soceity today. Years ago people held honor in much higher regard. Some were even willing to fight to the death at the slightest hint of someone dishonoring them. At the end of World War 2 thousands of Japanese citizens commited suicide in order to cleanse themselves of the stain to thier honor from thier government surrendering to the allies. Today honor is something few people strive for. It is not something you can define easily. It is a collection of ideals, virtues, and beliefs that one must constantly try to live up too. An honorable life may not be an easy life, but it is a rewarding life. Biblography The Writers Presence: A Pool of readings 4th Ed. (2003) Donald Mcquade and Robert Atwan The Insufficiency of Honesty Pg. 321- 326 Stephen L. Carter King Arthur(Movie, 2004) Directed by: Antoine Fuqua Written by: David Franzoni Excalibur(Movie, 1981) Directed by: John Boorman Written by: Thomas Malory Adapted for Screen by: Rospo Pallenberg Levity(Movie, 2003) Directed by: Ed Solomon Written by : Ed Solomon Research Papers on The Honorable Life of A Lone Warrior - English EssayCapital PunishmentThe Effects of Illegal ImmigrationHonest Iagos Truth through DeceptionPersonal Experience with Teen PregnancyArguments for Physician-Assisted Suicide (PAS)19 Century Society: A Deeply Divided EraMind TravelHarry Potter and the Deathly Hallows EssayStandardized TestingEffects of Television Violence on Children

ELECTRICAL POWER GENERATION SYSTEM Assignment Example | Topics and Well Written Essays - 1000 words

ELECTRICAL POWER GENERATION SYSTEM - Assignment Example These methods are for the industry of the electric power. Generation of electricity occurs at the power station by the generators of electromechanical, mainly fueled by nuclear fission or chemical combustion to drive the heat engines. Other means like wind and flowing water are used to generate kinetic energy (McKenna, 2009). The other sources of energy are inclusive of geothermal power and photovoltaic. Following the development of AC transmission power, the main power stations became practical economically. This was through the use of the transformers to transmit power with low energy loss at a high voltage. The first power plant was run on coal or water, and in the present the main reliable energy sources are nuclear, coal, hydroelectric, wind generators, petroleum and the natural gas. The other which is not relied much on is as follows; tidal power, solar energy and solar energy. This is the process of utilizing extracted steam or exhaust from a turbine for the purpose of heating, for example distilling petroleum in building heat or refinery. Prior to the introduction of the power stations, the commercial buildings and the big hotels would generate their very own power. (iv) Induction of Electromagnetic , in which case there is a dynamo, electrical generator or an alternator that change energy of motion which is kinetic energy into electricity. This is the most common form of generating electricity and has its basis on the law of Faraday. Turbines are all operated by the fluid that is acts as a middle carrier of energy. Most of the mentioned engines of heat energy are turbines. The other turbines types are driven by the falling water or wind. The sources are as follows:- (a) Geothermal power. Where hot water evaporates a boiling a liquid that is boiling for the creation of steam for driving the turbine. The turbine can also be driven by the underground steam which is under

Results of Asthma Related Problems Due to Air Pollution Essay

Results of Asthma Related Problems Due to Air Pollution - Essay Example These allergens are mostly contained in the atmospheric air. The disease has no cure meaning that it can only be reduced by preventing the symptoms and reducing asthma attacks (Tabaku et al. 10). Therefore, studying and understanding how air causes asthma is essential because it will help in finding solutions to the illness. Issues of Concern One of the issues that cause concern for the disease is the fact that it is prevalent in a high population in the society. Twenty million people have been treated with asthma at least once in their life time, in America while in China 4% of the population suffers from the disease. The Center for Disease Control argues that asthma mostly affects children, for example, in America, 14million out of the twenty million people that suffer from the disease are children. 64% of the children living in urban cities such as Beijing in China also suffer from the illness (Krushnan, Kauffman and Hoek 30). Thus, it means that children are the more susceptible to asthma than adults. The effects of the disease in children include obstruction of their learning in school, avoidance of physical exercise, which is essential for growth, and destruction of their cardiovascular system. Adults on the other hand suffer financial losses and absenteeism from their jobs (Cassee, Mills, and Newby 68). This indicates that asthma may cause further destruction in the society such as increasing the number of school drop outs and high employee turnover, if the causes of the illness are not dealt with in time. Factors of the Problem The air pollutants that cause asthma may either be indoor or outdoor. Indoor pollutants are those that are present in the air that people breathe in while inside buildings; while outdoor are those that are in the exterior of buildings. The Environmental Protection Agency argues that the highest population in the world spends more than twelve hours of a day while indoors. The agency also postulates that indoor causes of air pollut ion are more destructive than outdoor pollutants (Haerens 78). This explains the reason for the high prevalence of asthma in major regions of the world such as China and the United States. The indoor air pollutants include bacteria, fungi, tobacco smoke, nitrogen dioxide, and allergens from dust, cats, and mites. The outdoor causes of air pollution that cause asthma include lead, carbon monoxide, ozone, nitrogen, and sulfur dioxide (Haerens 87). Sulfur dioxide originates from the burning of coal and crude oil such as diesel that is used to drive motor vehicles. Nitrogen dioxide, on the other hand, is produced from factories, and it settles on the lower layer of the ozone forming smog that also causes asthma. Nitrogen and sulfur dioxide combine with air in the atmosphere and form tiny particles that cause breathing difficulties in victims (Sudd 77). Some products that consumers use in their indoors activities, and cause asthma include cleaning products and air fresheners (Krishner, K aufman, and Hoek 74). These products have effects similar to those of the atmospheric indoor and outdoor pollutants. Impact on the Health of Humans The health impacts of indoor and outdoor pollutants may be determined according to the causes of pollution. The airborne particles that are produced from the combustion of fuels from exhaust fumes and tobacco

National Film Registry and Existentialism Reflection Patch Essay Example for Free

National Film Registry and Existentialism Reflection Patch Essay Existentialism Reflection Patch Adams is a movie about a man that is determined to be a doctor. Along the way, he comes across some issues when he won’t conform to the rest of the medical students. He is actually a good example of an existentialist. He is his own person within a larger society, or the other students at the school. He follows what he believes in and his life turns out almost just the way he wanted it to. In the movie, there were some quotes: â€Å"Look beyond the problem.† –Arthur †¢Everyone else stares whatever their problem is right in the face and expect to figure out the solution. Arthur tries to say, look past the problem. Focus on the solution. â€Å"See the world anew each day.† –Arthur †¢In a way, this is a stoic quote. To not let anything previous to this day affect it. Everyday holds a new adventure and if you are worrying about the past, how are you ever going to enjoy it? â€Å"The mental hospital was the best thing that ever happened to me.† –Patch †¢In the hospital, he found out he loved to help people. He wanted to listen to people and make them enjoy life. He really found his passion and without the mental hospital, he maybe never would have. â€Å"Death is not the enemy†¦indifference is.† –Patch †¢When people are dying, showing care is the most important thing. If they don’t know that people care, that makes death so much worse. Everyone is going to die someday. Everyone should just enjoy life. As relating to existentialism, Kirkegaard would have thought that Patch was a good example. He was a part of the group, yet he was his own person within that group.

Dead Poets Society Essay examples -- essays papers

Dead Poets Society Dead Poets Society Hysterical Text One person’s interpretation of a story is always different than another’s. Some of us may see things that are not being shown to us. Dead Poets Society, in author Tania Modleski’s eyes has taken on a manifestation larger than the author herself. This story is not what the author will have you believe, whereas the true story was hidden in the misconception of Modleski’s beliefs. The sexual content, homoerotic tensions, and antiauthoritarian behavior, seemed to come from the author’s wishful thinking as opposed to the reality of the film. In the film a homosexual theme could not be seen. When Mr. Keating came to the school to teach, he did not insist on being called oh captain my captain. That phrase was used only three times in the movie, once by Mr. Keating himself. Oh captain my captain was used by two separate young men as a show of admiration and respect for Mr. Keating. In contrast Modleski sees oh captain my captain as a â€Å"pious deference to male authority†(Modleski â€Å" Dead White Male Heterosexual Poets Society† 315) because the very authority the film pretends to be challenging. One character that just enrolled at the school and was somewhat of a loner, and misfit, and is expected to achieve great success as his brother did before him. He is an example of how some families push one child to be exactly like another i.e. his older brother. When he first comes in contact with Mr. Keating he could not speak openly in front of a crowd. This is evident when he decides not to write a poem that is to be read in front of the class the following day. When Mr. Keating calls upon him to read and he cannot, he uses the technique of spinning him around while spewing... ...land. Mr. Keating probably was dismissed from the school in England for his freethinking ways. He may travel from school to school spreading the Dead poets Society way of free expression. This is illustrated when a boy returns to his room, and finds Mr. Keating’s book of poetry lying on his desk. When Modleski critiqued this movie, with good intentions in mind, somehow she lost her way. There are two sides to every story and these boys and Mr. Keating’s has been told. The illustrations, and aforementioned reasons, show that Dead poets society is a hysterical text. We may never know the real meaning behind this movie, but we all have our interpretations of it. There are no hidden or reclusive meanings being portrayed here, just a boarding school that suppresses freedom of thought, and creativity. This is why Mr. Keating’s character comes through loud and clear.

Causes Animal Extinction Essay

Choose one of the following topics and write a 3-paragraph essay consisting of an Introductory Paragraph, ONE Supporting Paragraph and a Concluding Paragraph. Requirements: 1) Your introductory paragraph should not exceed 150 words, the body paragraph should not exceed 200 words, and the concluding paragraph should not exceed 150 words. 2) Your thesis statement should consist of at least 3 subdivisions and choose only ONE subdivision to develop your supporting paragraph. 3) Type your essay using Arial font, 12 pt., and spaced at 1.5 between lines. Remember to include page numbers. 4) You MUST cite works from experts. Include at least TWO (2) specific supporting details of different types (e.g. quotations or paraphrase/ statistics/ examples from various sources / references / online journals). Citation and referencing should be using the APA format. 5) Essays that are submitted after the deadline will be penalized 2 points per day unless you have prior approval/extension date, or a good and confirmable reason. If you need an extension, see your instructor. Extensions are at his/her discretion. TOPIC 1 Many foreign students are interested in studying in Malaysia for many reasons. However, some of these students do not turn up at their colleges after successfully obtaining their student visa. In some cases, those absentees were caught being involved in vice activities such as prostitution and drug dealing. Suggest some methods that can be implemented by the government and education institutions to stop foreign students from misusing their student VISA. TOPIC 2 Every 4-5 years, Malaysia undergoes the election process by which the citizens select the people to lead the government. However, many of the younger generation do not feel the need to participate in the voting process. Suggest the ways to encourage youths to register as voters. TOPIC 3 It is easy for people to forget that when they travel alone, whether via public transportation or on their own, they are actually exposed to many dangerous situations, such as crime. Hence, it is vital for all to have some basic safety guidelines to avoid or protect oneself from danger. Suggest the precautions that a person can take while travelling alone.

Inmates Welfare and Development

Chapter 1 THE RESEARCH PROBLEMIntroductionThe Bureau of Jail Management and Penology envisions itself as a dynamic institution highly regarded for its sustained humane safekeeping and development of inmates. This is indeed a very noble vision which has guided the institution over the last 20 years. With this, the Bureau aims to enhance public safety by providing humane safekeeping and development of inmates.In line with the vision, the Bureau endeavors to formulate policies and guidelines in the administration of all district, city and municipal jails nationwide, provide for the basic needs of inmates, and conduct activities for the development of inmates to ultimately improve their living conditions in accordance with the accepted standards set by the United Nations. Our Constitution provides that any person accused of committing a crime is presumed innocent until proven guilty in a court of law.Thus, a person charged with a crime should not be denied of his freedom to choose and li ve at par with other innocent people who are not incarcerated, unless there is a good reason. In connection to this, the government is a party to several Geneva Conventions such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to name a few.Our government’s formal commitment to principles of human rights and international humanitarian law has been translated into various local laws and foremost is the 1987 Philippine Constitution which has often been referred to as the Human Rights Constitution. However, in spite of all these international and local laws, the government is still unable to comply with its obligations because of very limited resources. As a result, most of our jails are unpleasant and dehumanizing.It dwells stress, boredom and can even harm the individuals and their visiting families in countless ways. It is therefore a great challenge on the part of the administration of the BJM P to efficiently and effectively utilize its resources in the implementation of its mandate. And to address the increasing and recurring problems inside detention facilities not to mention the different personalities and varied needs of inmates, the Bureau of Jail Management and Penology has intensified the implementation of the Inmates Welfare and Development Program.Theoretical Framework This study is anchored on the Maslow’s Hierarchy of Needs which states that if motivation is driven by the existence of unsatisfied needs, then it is worthwhile for a manager to understand which needs are more important for every individual under his/her management. In this regard, Abraham Maslow developed a model in which basic, low-level needs such as physiological requirements and safety must be satisfied before higher-level needs such as self-fulfillment are pursued.In this hierarchical model, when a need is mostly satisfied, it no longer motivates and the next higher need takes its pla ce. Maslow’s hierarchy of needs is shown in the following diagram:Figure 1. Maslow’s Hierarchy of Needs The Physiological Needs are those required to sustain life, such as air, water, nourishment, and sleep. According to Maslow’s theory, if such needs are not satisfied then one’s motivation will arise from the quest to satisfy them. Higher needs such as social needs and esteem are not felt until one has met the needs basic to one’s bodily functioning.For the Safety Need, once physiological needs are met, one’s attention turns to safety and security in order to be free from the threat of physical and emotional harm. Such needs might be fulfilled by living in a safe area, medical insurance, job security and financial reserves. According to Maslow’s hierarchy, if a person feels that he or she is harm’s way, higher needs will not receive much attention. Then once a person has met the lower level of physiological and safety needs, h igher level needs become important, the first of which are Social Needs.Social needs are those related to interaction with other people and may include need for friends, need for belonging, need to give and receive love. Then, once a person feels a sense of â€Å"belongingness†, the need to feel important arises. Esteem Needs may be classified as internal or external. Internal esteem needs are those related to self-esteem such as self-respect and recognition. Some esteem needs are self-respect, achievement, attention, recognition, and reputation.Maslow later refined his model to include a level between esteem needs and self-actualization: the need for knowledge and aesthetics. Next is the Self-actualization Need, it is the summit of Maslow’s hierarchy of needs. It is the quest of reaching one’s full potential as a person. Unlike lower level needs, this need is never fully satisfied; as one grows psychologically, there are always new opportunities to continue to grow. Self-actualized people tend to have needs such as truth, justice, wisdom, and meaning.Self-actualized persons have frequent occurrences of peak experiences, which are energized moments of profound happiness and harmony. According to Maslow, only a small percentage of the population reaches the level of self-actualization. This study was based on the above mentioned theory because it is inherent for Jail Officers to safeguard the conditions of inmates inside jails and to develop their personalities. Jail Officers have a major role to help these individuals help themselves for them to become a law-abiding member of the society and be a productive one.Hypothesis The different programs, projects and activities of the Inmates Welfare and Development Program of the Laoag City Jail are very relevant to the holistic development, welfare and rehabilitation of the inmates during their incarceration through the efficient implementation of the concerned BJMP personnel. Statement of the Pr oblem The study aimed to assess the implementation of the Inmates Welfare and Development Program at Laoag City jail.Specifically, it sought to answer the following questions:1.What are the different programs, projects and activities being undertaken at the Laoag City Jail to address the welfare and development of the inmates?2. Who are responsible in the implementation of the different programs, projects and activities of the IWD Section?3. How does the jail administration source out funds to realize and implement the various programs, projects and activities of the IWD Program?4. What is/are the perception/s of the inmates on the implementation of the different programs, projects and activities undertaken by the IWD Section in terms of 2. Relevance; and 2. 2 Efficiency5. Are the programs, projects and activities of the IWDP effective in advancing the welfare and development of the inmate s during their incarceration? Significance of the Study This study shall be beneficial to the following: The Lawmakers. The result of this study would help our lawmakers in crafting and promulgating laws to improve the living conditions of persons deprived of liberty and promote the general welfare and development of these inmates. The Jail Bureau.The outcome of the study would be of great help to the top management of the Bureau in drawing out and formulating programs and policies for the strict implementation of the IWD Program. The Inmates. The welfare and condition of inmates is the primordial concern of the BJMP. The insights provided in this study will serve as a basis to enhance their situation while being incarcerated conforming to the United Nation’s standard in the treatment of Persons Deprived of Liberty (PDL). The Community.The community which is composed of the families, the academe, various government and non-government organizations, cause-oriented groups, several religious groups and other capable and concerned private individuals who are actively supp orting the programs of the Bureau would use this study as a stepping stone towards building lasting partnership with the BJMP, working together as one, sharing a collective, comprehensive and a holistic approach to help the plights of the PDLs. The Researchers.Other than for the compliance for the requirement of the course, this work would satisfy the healthy and curious minds of the researchers on the different activities of the inmates during their incarceration. Moreover, the joy of sharing a humble contribution for the future of BJMP and its clientele is a joy so profound. This paper would also serve as a guide along the way for the researchers who have the same concern and passion for a humane safekeeping and development of inmates and might consider working and building a career with BJMP. Scope and Delimitations of the StudyThe study deals with the determination of the different programs projects and activities undertaken by the Inmates Welfare and Development Section of the jail and the different personalities involved in its implementation. It is also geared to establish the perception of the personnel and inmates on the relevance and efficiency of the different programs, projects and activities of the IWD Section of the jail. In the conduct of the interview, it was limited only for the concerned personnel involved in the implementation of the Inmates Welfare and Development Program of the jail.For the inmates as respondents in the survey, a certain number of inmates from each of the eight (8) cells of the jail were included to represent the total number of inmates’ jail population. The Laoag City Jail was chosen to be the locale of the study. It is interesting to note that the Laoag City Jail has won the Best City Jail award in Region 1 for two consecutive years because of the intensified implementation of the IWD Program. It was also nominated as Best City Jail nationwide for the year 2011. Definition of Terms To better understand the study, the following terms are defined operationally and contextually:BJMP. This stands for the Bureau of Jail Management and Penology. Cell. It is a place inside the jail wherein the inmates are confined. City Jail. This refers to the Laoag City Jail which houses detainees awaiting judicial disposition of their cases and prisoners whose sentences ranged from one day to three years. Community. It is a group of interacting people living in a common location. Court Order. This is a legal document or proclamation in which a court orders a person to perform a specific act, prohibits from performing an act, sets a court date, or legally establishes something.Detainee. This refers to the accused person of a crime before a court or competent authority that is temporarily confined in jail undergoing investigation and trials or awaiting for final judgment and conviction. Efficiency. The quality or property of being efficient that is the degree to which this quality is being exercised. Implementatio n. This refers to the carrying out or physical realization of the program. Inmates. This refers to either a prisoner or detainee confined inside jail. IWDP. Inmates Welfare and Development Program Personnel.This refers to a bona fide member of the BJMP. PDL. This refers to persons Deprived of Liberty. These are detainees who are incarcerated pending trial and/or final judgment. It includes all persons who are arrested, detained, imprisoned or otherwise under custody of government authorities. PDLs maybe held in jails, prisons, detention centers, â€Å"lock-ups†, hospitals, rehabilitation centers elsewhere. Relevance. This refers to the applicability or helpfulness of the different programs, projects and activities; applicability to social issues. TCMP. Therapeutic Community Modality Program Inmates Welfare and Development Chapter 1 THE RESEARCH PROBLEMIntroductionThe Bureau of Jail Management and Penology envisions itself as a dynamic institution highly regarded for its sustained humane safekeeping and development of inmates. This is indeed a very noble vision which has guided the institution over the last 20 years. With this, the Bureau aims to enhance public safety by providing humane safekeeping and development of inmates.In line with the vision, the Bureau endeavors to formulate policies and guidelines in the administration of all district, city and municipal jails nationwide, provide for the basic needs of inmates, and conduct activities for the development of inmates to ultimately improve their living conditions in accordance with the accepted standards set by the United Nations. Our Constitution provides that any person accused of committing a crime is presumed innocent until proven guilty in a court of law.Thus, a person charged with a crime should not be denied of his freedom to choose and li ve at par with other innocent people who are not incarcerated, unless there is a good reason. In connection to this, the government is a party to several Geneva Conventions such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to name a few.Our government’s formal commitment to principles of human rights and international humanitarian law has been translated into various local laws and foremost is the 1987 Philippine Constitution which has often been referred to as the Human Rights Constitution. However, in spite of all these international and local laws, the government is still unable to comply with its obligations because of very limited resources. As a result, most of our jails are unpleasant and dehumanizing.It dwells stress, boredom and can even harm the individuals and their visiting families in countless ways. It is therefore a great challenge on the part of the administration of the BJM P to efficiently and effectively utilize its resources in the implementation of its mandate. And to address the increasing and recurring problems inside detention facilities not to mention the different personalities and varied needs of inmates, the Bureau of Jail Management and Penology has intensified the implementation of the Inmates Welfare and Development Program.Theoretical Framework This study is anchored on the Maslow’s Hierarchy of Needs which states that if motivation is driven by the existence of unsatisfied needs, then it is worthwhile for a manager to understand which needs are more important for every individual under his/her management. In this regard, Abraham Maslow developed a model in which basic, low-level needs such as physiological requirements and safety must be satisfied before higher-level needs such as self-fulfillment are pursued.In this hierarchical model, when a need is mostly satisfied, it no longer motivates and the next higher need takes its pla ce. Maslow’s hierarchy of needs is shown in the following diagram:Figure 1. Maslow’s Hierarchy of Needs The Physiological Needs are those required to sustain life, such as air, water, nourishment, and sleep. According to Maslow’s theory, if such needs are not satisfied then one’s motivation will arise from the quest to satisfy them. Higher needs such as social needs and esteem are not felt until one has met the needs basic to one’s bodily functioning.For the Safety Need, once physiological needs are met, one’s attention turns to safety and security in order to be free from the threat of physical and emotional harm. Such needs might be fulfilled by living in a safe area, medical insurance, job security and financial reserves. According to Maslow’s hierarchy, if a person feels that he or she is harm’s way, higher needs will not receive much attention. Then once a person has met the lower level of physiological and safety needs, h igher level needs become important, the first of which are Social Needs.Social needs are those related to interaction with other people and may include need for friends, need for belonging, need to give and receive love. Then, once a person feels a sense of â€Å"belongingness†, the need to feel important arises. Esteem Needs may be classified as internal or external. Internal esteem needs are those related to self-esteem such as self-respect and recognition. Some esteem needs are self-respect, achievement, attention, recognition, and reputation.Maslow later refined his model to include a level between esteem needs and self-actualization: the need for knowledge and aesthetics. Next is the Self-actualization Need, it is the summit of Maslow’s hierarchy of needs. It is the quest of reaching one’s full potential as a person. Unlike lower level needs, this need is never fully satisfied; as one grows psychologically, there are always new opportunities to continue to grow. Self-actualized people tend to have needs such as truth, justice, wisdom, and meaning.Self-actualized persons have frequent occurrences of peak experiences, which are energized moments of profound happiness and harmony. According to Maslow, only a small percentage of the population reaches the level of self-actualization. This study was based on the above mentioned theory because it is inherent for Jail Officers to safeguard the conditions of inmates inside jails and to develop their personalities. Jail Officers have a major role to help these individuals help themselves for them to become a law-abiding member of the society and be a productive one.Hypothesis The different programs, projects and activities of the Inmates Welfare and Development Program of the Laoag City Jail are very relevant to the holistic development, welfare and rehabilitation of the inmates during their incarceration through the efficient implementation of the concerned BJMP personnel. Statement of the Pr oblem The study aimed to assess the implementation of the Inmates Welfare and Development Program at Laoag City jail.Specifically, it sought to answer the following questions:1.What are the different programs, projects and activities being undertaken at the Laoag City Jail to address the welfare and development of the inmates?2. Who are responsible in the implementation of the different programs, projects and activities of the IWD Section?3. How does the jail administration source out funds to realize and implement the various programs, projects and activities of the IWD Program?4. What is/are the perception/s of the inmates on the implementation of the different programs, projects and activities undertaken by the IWD Section in terms of 2. Relevance; and 2. 2 Efficiency5. Are the programs, projects and activities of the IWDP effective in advancing the welfare and development of the inmate s during their incarceration? Significance of the Study This study shall be beneficial to the following: The Lawmakers. The result of this study would help our lawmakers in crafting and promulgating laws to improve the living conditions of persons deprived of liberty and promote the general welfare and development of these inmates. The Jail Bureau.The outcome of the study would be of great help to the top management of the Bureau in drawing out and formulating programs and policies for the strict implementation of the IWD Program. The Inmates. The welfare and condition of inmates is the primordial concern of the BJMP. The insights provided in this study will serve as a basis to enhance their situation while being incarcerated conforming to the United Nation’s standard in the treatment of Persons Deprived of Liberty (PDL). The Community.The community which is composed of the families, the academe, various government and non-government organizations, cause-oriented groups, several religious groups and other capable and concerned private individuals who are actively supp orting the programs of the Bureau would use this study as a stepping stone towards building lasting partnership with the BJMP, working together as one, sharing a collective, comprehensive and a holistic approach to help the plights of the PDLs. The Researchers.Other than for the compliance for the requirement of the course, this work would satisfy the healthy and curious minds of the researchers on the different activities of the inmates during their incarceration. Moreover, the joy of sharing a humble contribution for the future of BJMP and its clientele is a joy so profound. This paper would also serve as a guide along the way for the researchers who have the same concern and passion for a humane safekeeping and development of inmates and might consider working and building a career with BJMP. Scope and Delimitations of the StudyThe study deals with the determination of the different programs projects and activities undertaken by the Inmates Welfare and Development Section of the jail and the different personalities involved in its implementation. It is also geared to establish the perception of the personnel and inmates on the relevance and efficiency of the different programs, projects and activities of the IWD Section of the jail. In the conduct of the interview, it was limited only for the concerned personnel involved in the implementation of the Inmates Welfare and Development Program of the jail.For the inmates as respondents in the survey, a certain number of inmates from each of the eight (8) cells of the jail were included to represent the total number of inmates’ jail population. The Laoag City Jail was chosen to be the locale of the study. It is interesting to note that the Laoag City Jail has won the Best City Jail award in Region 1 for two consecutive years because of the intensified implementation of the IWD Program. It was also nominated as Best City Jail nationwide for the year 2011. Definition of Terms To better understand the study, the following terms are defined operationally and contextually:BJMP. This stands for the Bureau of Jail Management and Penology. Cell. It is a place inside the jail wherein the inmates are confined. City Jail. This refers to the Laoag City Jail which houses detainees awaiting judicial disposition of their cases and prisoners whose sentences ranged from one day to three years. Community. It is a group of interacting people living in a common location. Court Order. This is a legal document or proclamation in which a court orders a person to perform a specific act, prohibits from performing an act, sets a court date, or legally establishes something.Detainee. This refers to the accused person of a crime before a court or competent authority that is temporarily confined in jail undergoing investigation and trials or awaiting for final judgment and conviction. Efficiency. The quality or property of being efficient that is the degree to which this quality is being exercised. Implementatio n. This refers to the carrying out or physical realization of the program. Inmates. This refers to either a prisoner or detainee confined inside jail. IWDP. Inmates Welfare and Development Program Personnel.This refers to a bona fide member of the BJMP. PDL. This refers to persons Deprived of Liberty. These are detainees who are incarcerated pending trial and/or final judgment. It includes all persons who are arrested, detained, imprisoned or otherwise under custody of government authorities. PDLs maybe held in jails, prisons, detention centers, â€Å"lock-ups†, hospitals, rehabilitation centers elsewhere. Relevance. This refers to the applicability or helpfulness of the different programs, projects and activities; applicability to social issues. TCMP. Therapeutic Community Modality Program

How to Start a Story Must-Have Tips From 11 Professional Editors

How to Start a Story Must-Have Tips From 11 Professional Editors How to Start a Story: 11 Tips From Our Editors Most writers don’t begin the novel-writing process knowing exactly how to start a story. That comes later, once the narrative arc has taken clearer form.It’s also because the opening lines of a novel carry a lot of responsibility with them. They act as an invitation for someone who’s glanced at the first page of your book to either put it back down or keep reading. It’s like the white rabbit showing up and asking Alice to follow him: the reader has to decide whether to follow despite not knowing what will happen next, and it is the writer’s job to convince them to go down the rabbit hole.Whether you’re just getting started on a novel, or revisiting Page 1 of a first draft, Reedsy Editors are here to help with tips for starting a story with literary examples from a few favorites. We asked our editors: "how would you start a story?" They came up with 9 insightful ways Tip 1. Start with the unexpectedGareth Watkins: Start with the unexpected. Think of the opening to Nineteen Eighty-Four, or Iain Banks’, The Crow Road, â€Å"It was the day my grandmother exploded.† Of course, your opening doesn’t have to be as outrageous as these, but always aim for the unusual. In other words: think of how people will be expecting the book to start, then take the plot  in another direction.If you're in the mood to get some similarly twisty ideas, you can go here to see a list of 70+ plot twist examples.â€Å"At dusk they pour from the sky. They blow across the ramparts, turn cartwheels over rooftops, flutter into the ravines between houses. Entire streets swirl with them, flashing white against the cobbles. Urgent message to the inhabitants of this town, they say. Depart immediately to open country.† - Anthony Doerr, All The Light We Cannot SeeTip 10. Start with your heartDiane Sheya Higgins: Ensure readers that you are not kidding around. You have invested blood, sweat, and tears into this story, and the opening lines should prove that. Compose the first lines of your book as though they were the last lines you will ever write.When readers are transported into your far reaching insights and soulful explorations, they are yours. Every time I read the opening lines of Hugh Howey’s bestselling self-published novel, Wool, I am drawn into the breathtaking depths of his vision and humanity, and I wrench my heart from my chest, and say, â€Å"Here, take it.†Ã¢â‚¬Å"The children were playing while Holston climbed to his death; he could hear them squealing as only happy children do. While they thundered about frantically above, Holston took his time, each step methodical and ponderous, as he wound his way around and around the spiral staircase, old boots ringing out on meta l treads.† - Hugh Howey, WoolTip 11. Start by placing a spell on your readerAnne McPeak: You want your reader to be swept up in the story- for its entirety, but especially at the beginning. This is your chance to intoxicate your reader and convince them that they can’t not read on. This doesn’t mean your story needs drama, or fireworks, or shocking material; what your story really needs is close attention to language, tone, and pacing. Dazzle your reader from the start, and they will willingly take your hand for the ride."Like a match struck in a darkened room:Two white girls in flannel nightgowns and red vinyl roller skates with white laces, tracing tentative circles on a cracked blue slate sidewalk at seven o'clock on an evening in July.The girls murmured rhymes, were murmured rhymes, their gauzy, sky-pink hair streaming like it had never once been cut." - Jonathan Lethem, Fortress of SolitudeEstablishing best practices for starting a story can be tricky because, as Reedsy Editor Nathan Connolly says, â€Å"Fiction should, by nature, seek to defy, redefine or expand beyond rules." It should not be an author’s goal to emulate the words or tastes of another person while writing a novel.However, many well-loved novels share a thread of commonality when it comes to their first few lines - such as a question, a brief to-the-point line, or in the middle of action. While there’s no hard rule for what works, these are guidelines you can follow when determining how to hook readers down your story’s path. Struggling with your opening lines? Here are 9 ways to start your story   Writing a book is a monumental task, but very doable once you have momentum and a compliant muse. If you're looking for ways to end  your novel, go here. And when you reach the finishing line of your entire publishing journey, please read our technical article on formatting and making a book ready for publishing.Do you have a favorite opening passage from a novel not mentioned? Or your own tips for writing a great story opener? Let us know in the comments!

Rank of Four Countries by Various Democracy Rankings

Rank of Four Countries by Various Democracy Rankings to cover independent countries with population greater than 100,000. Vanhanen believes that the reason for the thirst for power is to get hold of the resources, increase in the power the people posses simplifies their access to scarce resources. Vanhanen democracy ranking offers an unconventional interpretation of democracy and autocracy. Autocracy is considered as the state where concentration of resources is higher in a single group. Democracy is achieved in situations where distribution of resources is among different groups. The conditions favorable for democracy are those which the spread of resources is broad and no individual group is neither able to retain its hold of the available resources over a long time nor is it able suppress the competitors. Variables indicating democratization level include competition (C) and participation (P). Competition and participation measures are combined into the democratization index through the use of the formula ID= (PC)/100. This formula is applicable in most countries independent of the civilization, economic, cultural, and geographic among other features that may be subordinate to the logic of evolution in political studies. Threshold qualifications for democracy are 10% for P, 30% for C, and 5% for the ID. (Melville et al, 2011). The human development index meets the wide concept of developments of the society and economy. From another perspective, although sometimes questioned the human development index is used as an indications of democracy. It is agreeable to say that the human development index offers the capability representing a greater measure of democracy. Although it is realized that the human development index considers life expectancy, GDP and other factors but fails to accommodate political structures. Democracy and political systems are correlated with democracy ranking placing great emphasis on the position of political structures on democracy In most cases a number of factors affect the democratic ranking of a country and they are politics 50%, gender 10%, economy 10%, knowledge 10% and health 10%(Campbell, 2008). According to polity project ranking the France system has a democracy of -8. This is because France in the recent years has witnessed political trends that have had the consequences of the country being downgraded and considered a flawed democracy state. Participation of public in politics has reduced and this has led to declined confidence of the public in political parties. With the nature of the French political system the president possesses great power and this is indicting a threatened democratic tradition. The current president, Nicholas Sarkozy uses an autocratic style, and this has seen the rise in anti-Muslim feelings and increased pressure on the media and journalist which has seen a decrease in the freedoms of the media (Liotier, 2011). Political parties are relatively few in France, workers unions are weak and the police system t is constantly accused with increased brutality the France government is highly undemocratic (Petzinger, 2011). With the justifications provided thereafter, the ranking of the United Kingdom using Dahls polyarchy measure is 5. Gender equity was already attained in the United Kingdom in the year 1928.The United Kingdom is believed to hold the reputation of being the mother of all parliaments but its system has complications that are mainly centered in key three areas. The ranking of the United Kingdom is downgraded by the fact that majority of its representation in parliament is distorted in that the actual seats in parliament is not solely determined by the votes. Other factors that reduce the ranking of democracy are; a media that mostly favors the interests of the private sector and the trust in the police force that is constantly declining (Petzinger, 2011). Basing on the Vanhanen index of democracy, Germany ranks at 10% in the ID. Germany accounts its high ranking in the democratic ranking to the comparatively large number of parliamentarians who are women and an impeccable separation between the arms of government that is the executive, the legislature and the judiciary with Bavaria being the most developed state. In most federal states a participation quorum of approximately 25% exists in any local referendum (Petzinger, 2011). Because of the suppressed political opposition and rights of the public, Russia ranks at 3 according to Dahls polyarchy measure. The trend in Russia system of government is that of unfair elections, intolerance of political oppositions, and courts that are characterized by high dependence. Currently Russia works on bribes and the opposition is literally invisible to the public, they cannot be allowed on television. Though there are constant demonstrations favoring democracy, they are largely ignored and authoritarian form of government presided over by Vladimir Putin is the order of the day (Lally Englund 2011). Out of the four democracy rankings considered in this essay, none of them is adequate enough to be satisfactory in the ranking of democracy. It is also noted that none of the democracy ranking measures includes (economic democracy) face four of Sodaros 4 faces which are: popular sovereignty, rights and liberties, democratic values, and economic democracy (Campbell, 2008). A number of factors have been found to contribute to democracy and as such must be included in the elements that are considered in the measure of democracy.

Are Managers Measuring the Financial Risk in the Right Manner Article

Are Managers Measuring the Financial Risk in the Right Manner - Article Example Conversely, bankruptcy risk denotes a situation where the price of a security, for example, shares plummet without any optimism that it will improve. As such, the investor faces an imminent loss. The author explores at lengthy how different models treat bankruptcy risk differently. For instance, the CAPM model treats bankruptcy risks as unsystematic risks (Srinivas, 2013). The author subsequently verifies it by calculating its correction with future returns. The correlation is a negative figure, which is a characteristic of unsystematic risks. The author identifies the weakness of Adjusted Present Model (APV), which integrates bankruptcy in the calculation of the value of a corporate entity. As per this model, bankruptcy risk only arises due an increase in debt. However, in the corporate world companies go bankrupt due to a myriad of reasons, which include poor management, rivalry and loss of market. The article seeks to chart a new way forward in the calculation of risk by managers. However, to understand what the article proposes with regard to calculation of risk, it is vital to understand the weaknesses of the present methods of risk evaluation. Most methods such as CAPM and APV calculate risks after classification into either systematic or unsystematic risk. In the calculation of the total risk of a firm or a company, unsystematic risk is overlooked. To understand why it is overlooked, it is vital to define systematic and unsystematic risks. Systematic risk denotes the decrease or increase in returns from an investment or a security owing to events or factors, which afflict all firms unfavourably. Unsystematic risk refers to decrease or increase in the earnings from an investment or a security due to reasons particular to a single firm (Damodaran, 2010). The models only consider factors that afflict all the firms (systematic) as unsystematic risks may be addressed through d iversification of the

Marketing of Services Essay Example | Topics and Well Written Essays - 1500 words

Marketing of Services - Essay Example This is arguably the most special characteristic of service products and is the most difficult characteristic to appreciate (Hoffman & Bateson, 2009). This is because services are highly perishable as compared to products. The challenge comes when a person asks themselves how, for instance, the services of a taxi company are considered to be more perishable than, say, fresh vegetables and food products. The main reason of this highly perishable nature is the fact that, unlike many physical products, most of the services cannot be stored. For example, if an airline fails to sell some seats on a particular flight, then those seats and subsequently the sales revenue is lost. This is an irreversible loss incurred immediately the plane takes off. Service providers should thus ensure that they sell their services in a timely manner to avoid the risk of them perishing and incurring a loss. Physical products are usually displayed in stores for customers to see, touch, weigh or even sniff before making a purchase (Hoffman & Bateson, 2009). For services, however, the physical attributes of the service cannot be experienced (Hoffman & Bateson, 2009). An individual choosing a service, say a massage, cannot feel, touch, or smell the service before making a purchase. The only option that the person has is to make an assessment of the service based on word of mouth, past experience or just take a leap of faith before making the purchase. This intangible nature of a majority of the services gives rise to problems for both suppliers and consumers when selling and buying services. In the production, marketing and selling of physical products, companies can observe and maintain consistency on such product features as packaging and quality to ensure products remain uniform (Hoffman & Bateson, 2009). For example, regardless of one’s physical location, the customer is always assured that the bottle of Pepsi they