Employer Obligations Following a Strike - Free Essay Example

Sample details Pages: 5 Words: 1582 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? After a strike, does the employer have an obligation to place striking workers back in their prestrike position if there might be violence aimed at them? Diamond Walnut Growers Inc. v. NLRB According to the book à ¢Ã¢â€š ¬Ã…“If the employer replaces the strikers with new employees, then once the strike is over, the strikers have a right to reinstatement if they offer an unconditional offer to return to work. If their jobs are occupied by replacement workers, then unfair labor practice strikers have a right to be reinstated, but economic strikers are not.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 726) When reading on strikes it does not state anything regarding violence. I would presume that this means that the employee is entitled to their position that they stepped out on for strike after the strike was over. The book also doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t give too much detail on what the violence was and if this employee was involved in the violence. Another th ing I would think that would determine this would be if the strike was through a union or not. If it wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t through a union most states are able to fire without a cause. But if it was through a union the employee would be covered. As I reread the chapter and read on NLRA, I believe the employer may have favor on this. Although in the book it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t specify if this is regarding strikes, but according the book the NLRA doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t not cover violence. à ¢Ã¢â€š ¬Ã…“Acts or threats of violence are not protected.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 717) So with that, it needs to be clear if the employee who was on strike was violent. If they were, they are not entitled to their previous position. I think it all depends on the details of the case to determine if the employer has an obligation of reinstating the employee to its position. After reading Case Law Diamond Walnut was a processing, packaging, and distribution plant f or Diamond nuts. It runs with seasonal and permanent employees. In 1991, 500 seasonal and permanent employees went on strike. During the strike Diamond brought in replacement workers to keep the plant running. Also during the time of the strike there were acts of violence between employees on strike and replacement employees, this lead to many restraining orders between both the parties. After a year of strike, the union met with Diamond. They notified 2 employees were returning to work. One employee was a supervisor prior to the strike and the other was fork lift truck driver, both were permanent employees. When they returned to work they were placed as seasonal workers in positions that were not their previous. They were easily reprimanded and targeted for failing to do things correctly. The union filed a complaint that Diamond discriminated against the returning employees and also how Diamond failed to place them in their previous position where they were to be reinstated t o their position. Diamond had no justifiable reasoning for not reinstating employees to their previous positions. When addressed by the Union. There were complaints filed of discrimination and that the employees were entitled to their positions. Diamond claims they were not. They claimed they were protecting the replacement employees due to violence from the employees who were on strike. There were many other allegations that these employees participated in while on strike. They were boycotting and protesting the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s product. It was in Diamonds concern that when placing these employees back into their positions they could potential harm others or the product. Diamond was found in violation of à ¢Ã¢â€š ¬Ã…“Section 8(a)(1) and (5) of the Act, 29 U.S.C. Secs. 158(a)(1) and (5), by refusing to provide the Union with the names and addresses of current workers. Diamond does not challenge these findings.à ¢Ã¢â€š ¬Ã‚  (https://openjurist.org/53/f3d/1085/dia mond-walnut-growers-inc-v-national-labor-relations-board) From my understanding the Union Board found Diamond in violation. Then Diamond challenged the board due to the reasonings of safety. The employees that were on strike attempted sabotage and violence. Diamond is not obligated reinstating employees that went on strike. It is unclear to me how the case ended. From what I gather. Diamond had a justifiable reason to move these employees around but do not have the right to discriminate period. But they were looking out for their company. **This case was extremely hard to understand. I had searched easier translations and still struggled. ** Chapter 16 Page 790 #7 Does the supervisorà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement constitute an intentional act of injury by the employer, thus removing the case from the limits set by the workersà ¢Ã¢â€š ¬Ã¢â€ž ¢ compensation statutes? Is it relevant to a jury decision if OSHA issues a citation for a wil lful violation in this case before it goes to trial? Van Dunk v. Reckson Associates Realty Corp. When filing for workers compensation in this situation there is no-fault required. If a person is injured on site at work, whoever is at fault has nothing to do with the claim. Workers compensation will cover all injuries that occur in a workforce. This is a benefit each employee gets. It covers costs, damages, and long term damages. OSHA has many requirements and when determining at fault is separate from workers compensation. OSHA is there to make sure all companies are ran safely to prevent injuries. à ¢Ã¢â€š ¬Ã…“OSHA requires that an employer provide a safe workplace.à ¢Ã¢â€š ¬Ã‚  (Dawn Hartman, 2012, p. 762) From my understanding OSHA is completely different than workers compensation. OSHAà ¢Ã¢â€š ¬Ã¢â€ž ¢s job is to monitor the employer, there work place, and if things are running safely. On their website they state à ¢Ã¢â€š ¬Ã…“to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistanceà ¢Ã¢â€š ¬Ã‚  (https://www.osha.gov) After reading Case Law The plaintiff is the employee who was seriously injured. He was working for a construction company. The site they were working on was being affected by the weather. Due to more unworkable weather heading their direction They were instructed to cover their site with special fabric. They were having issues with the fabric reaching all the area and blowing away. The plaintiff volunteered to go into the Trench to reach the end and cover it properly. His supervisor told the plain OSHA arrived after the incident and cited the company for negligence. Due to the fact that no person should enter a trench bigger than 5 feet and the trench that the plaintiff entered was between 18-20 feet. This was a violation. Not only was that a violation, it is required the trench be well supported and approved to enter. This also was not the case. The site director knowing OSHA laws was aware of this and still allowed this situation to occur. No one should have entered the trench. The site director admitted fault and worked out the issue with OSHA. They were fined and worked out a deal with OSHA to pay $24,500. This case was first thrown out. Then was appealed by the plaintiff. Although OSHA fined and sited the wrong doing of the company. The jury has no reason to use this for a workers compensation claim. With that the plaintiff has to prove that the company is liable for the injuries the plaintiff sustained and that they were at fault due to negligence. Although there were many violations by OSHA and there was an admittance by the employer. In the state of New Jersey they provide workers compensation benefits without fault. Only if proven that the employer intentionally hurt an employee can there be a liable suite. Since there is no proof that this was the case. The cou rt declined that there were any intentional wrong doing on the employer. I think the plaintiff should have looked more into the benefits his workers comp claim would cover. Because there is no reason he should sue the company when he is already completely covered. References Alexander, D., Hartman, L. P. (2012). Employment law for business (7th ed.). New York: McGraw-Hill. DIAMOND WALNUT GROWERS INC v. NATIONAL LABOR RELATIONS BOARD 601 AFL CIO. (n.d.). Findlaw. Retrieved August 15, 2014, from https://caselaw.findlaw.com/us-dc-circuit/1054902.html Google Scholar. (n.d.). Google Scholar. Retrieved August 15, 2014, from https://scholar.google.com/scholar_case?case=13947923641005810283hl=enas_sdt=6as_vis=1oi=scholarr New Jerseys Supreme Court Rejects Expansion Of Intentional Wrong Exception To Workers Compensation Act. (n.d.). New Jerseys Supreme Court Rejects Expansion Of ?Intentional Wrong Exception To Workers Compensation Act. Retrieved August 18, 2014, from https ://www.clausen.com/index.cfm/fa/firm_pub.article/article/0cfdff8f-8caf-4d49-827f-4f3360e8cf46/New_Jerseys_Supreme_Court_Rejects_Expansion_Of_Intentional_Wrong_Exception_To_Workers_Compensation_Act.cfm Occupational Safety and Health Administration Home. (n.d.). Occupational Safety and Health Administration Home. Retrieved August 18, 2014, from https://www.osha.gov/ Once Is Not Enough (After All)! The New Jersey Supreme Court Reverses Van Dunk and Reaffirms the Exclusive Remedy Doctrine of the Workers Compensation Act. (n.d.). Marshall Dennehey Warner Coleman Goggin. Retrieved August 18, 2014, from https://www.marshalldennehey.com/defense-digest-articles/once-not-enough-after-all-new-jersey-supreme-court-reverses-van-dunk-and OpenJurist. (n.d.). 53 F3d 1085 Diamond Walnut Growers Inc v. National Labor Relations Board. Retrieved August 19, 2014, from https://openjurist.org/53/f3d/1085/diamond-walnut-growers-inc-v-national-labor-relations-board VAN DUNK v. RECKSON ASSOCIAT ES REALTY CORPORATION LLC. (n.d.). Findlaw. Retrieved August 15, 2014, from https://caselaw.findlaw.com/nj-supreme-court/1604525.html BUS303 Week 4 and 5 Chapter Questions Points Possible 30 AREA POINTS POSSIBLE YOUR SCORE Grammar/Spelling/Writing 5 APA/Formatting 5 Research/Referencing 7 Detail/Argument/Facts 13 TOTAL 30 Don’t waste time! Our writers will create an original "Employer Obligations Following a Strike" essay for you Create order

William Wordsworth And Thomas Hardy - 1397 Words

The term â€Å"sacred† can be interpreted in a variety of different ways. It can be used to describe a feeling/experience or an object/place. For some people, their definitions of sacred can vary across these areas of interest. One area that comes to mind when the sacred is mentioned is nature. Nature is a special domain that all species on earth are able to experience. One person’s experience with nature can differ greatly from another person’s experience with nature. You can take wonderful hikes along daring mountainsides, surf in beautiful blue oceans, or meditate in quaint forests. At some point in our lives, we have experienced nature in some way. We may even have fond memories that stem from being in nature. For some people, nature is†¦show more content†¦Ã¢â‚¬ ¦..†¦ Unfortunately, this special relationship that we feel with nature is threatened as our world becomes more modernized. Wordsworth wrote about this concern in his poem â€Å"The World Is Too Much.† He realizes that our actions, conscious and unconscious, are hurting the environment around us. Today, as our society becomes more technologically advanced, we find ourselves spending more time inside rather than outside. There are some instances where we find ourselves in nature but we are not fully aware of our surroundings. We can miss the natural beauty of a sunset because we are nose-deep into our cellphones. We take photos of sunsets for Instagram but we do not appreciate the full aesthetic experience of that sunset. Although Wordsworth’s time period did not have cellphones or Instagram, he may agree that these mindless actions are contributing to the destruction of nature. In â€Å"The Garden of Love† by William Blake, he writes about all the joy that he has experienced in nature. The narrator visits various sites that allowed him to experience this happiness. 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The Body’s Response To Stress And How Do We Deal With It Free Essays

Introduction Stress is a psychological and physical response of the body that occurs whenever we must adapt to changing conditions. And a stressor is the stimulus that brings about the stress response. For example, if you are scared of flying, airports may be a stressor for you. We will write a custom essay sample on The Body’s Response To Stress And How Do We Deal With It or any similar topic only for you Order Now Hypothalamic Pituitary Adrenal Axis (HPA) The stress response begins in the brain in an area called the hypothalamus, this is the point at which the perception of stress by higher brain centres begins a major physiological change in the body, it does this by stimulating 2 biological mechanisms. The first is called the Hypothalamic Pituitary Adrenal system (HPA). When a stressor is detected, the higher brain centre send signals to hypothalamus telling it to ready the body for action. The hypothalamus does this by communicating with another part of the brain called the pituitary gland, stimulating it to release adrenocorticotrophic hormone (ACTH). ACTH is detected in the bloodstream by the adrenal cortex, and in response it releases further hormones called the corticosteroids. There are a number of corticosteroids each having specific effects on the body, like causing liver to release glucose, fatty acids and cholesterol for extra energy needed during stress. When the corticosteroids are detected by the brain it has the effe ct of switching off the stress response. Sympathetic Adrenalmedullary Axis (SAM) For the sympathetic adrenal medullary axis (SAM), when the hypothalamus activates the sympathetic nervous system, which is a part of the autonomic nervous system, it stimulates a gland in the body called the adrenal medulla to release 2 hormones called adrenaline and noradrenaline into the bloodstream, these hormones have wide-ranging effects but mainly to increase blood pressure and heart rate. Seyle’s General Adaption Syndrome Han Selye(1940) developed a theory which has helped us understand how and why stress leads to illness. He subjected animals to a variety of stressors such as injection, poison or extreme temperature and found that a similar pattern of physical responses could be observed, and divided them into three different stages. At stage 1 which is the alarm stage, stressor is perceived, HPA and SAM are activated, heart rate and blood pressure therefore increase.Stage 2, the resistant stage, the level of stress-related hormones and bodily arousal are remaining high n finally, at the final exhaustion stage, long period of stress (chronic stress) eventually exhaust the body’s defense system and its ability to maintain high levels of circulating stress hormones, stress related illness may develop. There has been an increasing body of evidence supporting a relationship between long-term stress and cardiovascular disease, 2 of the biggest risks are high blood pressure and coronary heart d isease. Kiecolt- Glaser’s Exam Study Research on a wide variety of stressors has shown that stress can reduce the effectiveness of the immune system. Kiecolt- Glaser et al (1984) has done an experiment on stress and the immune system. The aim of the experiment is to see whether external stress can have an impact on the immune system. They did it by collecting samples of 75 medical students on 2 different occasions. First, blood samples was taken at one month before their examinations, which is a relatively low stress time and secondly, during the examinations. The researchers looked at each of the blood samples and calculate the natural killer cell content. The more natural killer cells, the more efficient the immune system. Finally they found that the blood samples taken during the exams were much lower in NK cells than the samples taken a month earlier. One of the drawbacks of this experiment is that it had a causality problem, we cannot conclude that the stress caused the reduction in the immune system. Moreover, there may be a sampling bias, the participants are students n it is possible that they may respond to stress differently than some other types of people. However, being a natural experiment this study has high validity and there are likely to be few or no demand characteristics, though control of extraneous variables was not possible. Problem-focused method of coping The methods of coping with stress can be distinguished into emotion-focused and problem-focused methods of coping. The problem focused way deal with stress by treating it as a problem and actively engage with it. This includes anticipatory coping by gaining information about what makes us stressed and develop a plan of action to help us deal with it, and seeking social suport, pit means identify events in the environment that are either causing or likely to trigger stress, then we can take practical steps to avoid or better deal with it. SIT, the stress inoculation training is developed by Meichenbaum (1972) , its a psychological method of dealing with stress by restructuring how we think about events. First the client is encouraged to reappraise stress, the therapist discusses the nature of stress with the client and explores stressful experiences that the client had in the past. Secondly the client is taught various ways of coping with stress, these would be quite specific and inc lude general strategies such as relaxation. In the final phase clients are encouraged to apply their training to the real world. The stressors may be graded and gradually increase in intensity. Meichenbaum then wanted to investigate how effective his own SIT treatment was. So he studied anxious pre-exam students and placed them in three different conditions which are 8 weeks of SIT, 8 weeks of systematic desensitisation, and the controlled group which had no therapy at all. The efficiency of SIT was evaluated through exam performance and self reports by participants. So simply, if the students felt it has been sucessful and they performed well in exams, SIT was judged to have worked. Finally he found that the SIT group gave the most positive self-reports and outperformed the other students in exam. Some drawbacks of this study is that self-reports are not necessarily reliable , just because a person feels that something has not worked does not mean they receive no benefits from it. Moreover the study does not address â€Å"optimum treatment period†, so we cannot be sure which of the method is best, only that SIT worked better than systematic desensitisation if a treatment period of 8 weeks is used. Although SIT is neither a quick, easy or cheap method to mange stress, it is flexible and the benefits of it can be long term. The emotion-focused way of coping The emotion-focused method is one that provides stressed person with relief from their symptoms. Some of the techniques are defence mechanisms, which is a way of blocking out the stress, or they may choose to reappraise it, which means simply changing the way they feel about the situation. Drugs is also the common physiological method to use. The most widely used prescribed drugs today are benzodiazepines and beta-blocker. They are quick acting, but do not treat the cause of problem, they may also have side effects n cause addiction too. Conclusion In conclusion, the problem focused strategies aim to change, alter or even remove the stressful problem, while emotion-focused aim to control or regulate the feelings a person is having. It has no a very satisfying answer of which one is better than the other, each has its strengths n weaknesses and each works best in different situations. Different people with different personalities and characteristics can react differently to stress, so which method of coping to choose is depend on numbers of factors, gender, age, and even wealth may also matter! Reference: NHS http://www.nhs.uk/Conditions/Stress/Pages/Introduction.aspx New 2008 AQA ‘A’ Specification AS Level Psychology, Nigel Holt and Rob Lewis, Crown House Publishing Limited Coping with stress http://www.helpguide.org/mental/stress_management_relief_coping.htm How to cite The Body’s Response To Stress And How Do We Deal With It, Essay examples

Cloud Computing Hits Snag in Europe for Networking- myassignmenthelp

Question: Discuss about theCloud Computing Hits Snag in Europe for Networking. Answer: Cloud computing is the technology utilized for transferring data or any type of services via Internet. The services include analytics, networking, servers and storage. The services are configurable (Dewey, 2016). The main benefit of cloud computing is that the data analysis can be done easily. Apart from this, cloud computing is affordable for all organizations. It even does its job with intense speed and this in turn increases the overall productivity of the organization easily. However, in spite of helping the technological world with so many advantages, cloud computing do has some of the major disadvantages (Hashizume et al., 2013). The major disadvantage of cloud computing is that the downtime is excessive high. The essay given below briefly describes the major turmoil that occurred in Europe due to cloud computing. The essay helps to understand whether the case is ethical or not with the help of the four classical theories of ethics. Proper justifications are also provided to un derstand the case study. Cloud computing helps to transfer data and other services over the Internet easily. This is done with utmost security and reliability. However, in 2010, Europe suffered from several drawbacks in the cloud (OBrien, 2017). The European government wanted to secure European cloud and the confidential data from all types of cyber threats and risks. The free flow of data can be easily modified and intercepted by the cyber criminals and terrorists. One of the major disadvantage of cloud computing is that the security can be intercepted. Due to this reason, the government of Europe restricted the cloud to such level that no data was theft was intercepted through this. However, the problem with such restrictions was that the procedures and processes of the cloud were slowed down with the comparison of the United States (Zissis Lekkas, 2012). The government of US allows all the organizations to transfer data through cloud computing legally. Europe was lagging behind in terms of sales by almos t 6 times than US. The total sales in 2012 were about 102 billion dollars in US, whereas in Europe it was only about 18 billion dollars. The main problem was that all the data were being encrypted before transferring them. This was slowing down the entire process. Another problem in this case study was the European Data Privacy Directive. This directive did not allow data from European Union to move internationally (OBrien, 2017). Handful countries like US, Argentina and Canada were allowed for providing the services of cloud. The main objective of this essay is to understand whether the case study of the European cloud is ethical or non ethical. There are four classical theories of ethics (Arntzenius, 2014). They are the utilitarianism theory, deontology theory, virtue theory and the contract theory. The government of Europe was stopping the data to transfer in the cloud. The utilitarianism theory states that every activity should have a utility. This type of activity can be said as the best activity. In this case study, the European government was trying to secure and protect the European data. They did not have any wrong or unethical intentions behind this (Crimmins, 2017). However, the activity did not have any utility. Rather, it was negative. Therefore, as per the utilitarianism theory, the case study is non-ethical. The second theory is the Deontology theory. This theory states that all decisions taken by human beings must be taken on the basis of the morality of an action (Chen Schonger, 2017). According to this theory, every decision is based on obligations and duties. The moral obligation obliges a person to complete his task. This type of obligation comes from external and internal sources like personal, cultural values, legal, religious and universal laws. In the case study of cloud computing, the government of Europe is not non-ethical as they did not do anything wrong (Lazar, 2017). They were only performing their responsibilities. The case study is not unethical as per the deontology theory. The third theory of ethics is the virtue theory. The thoughts that a person have and the decision that a person takes is dependent on the character of the person (Audi, 2012). If the person bears an ethical character, he will come up with ethical and moral decisions. However, if he bears an unethical character, he will always take unethical decisions. The thoughts are completely managed and controlled by the individual (Van Hooft, 2014). Here, this theory does not apply as the decision taken by European government is not based on thoughts. The fourth theory is the contract theory (Fried, 2015). This theory states that the morality of an individual depends on any type of contract. It is helpful for taking out the ethical and moral values in that individual. No such contract is mentioned in this case (Niebuhr, 2013). Thus, this theory is not applicable in this particular case study. The decision taken by European government for protecting the data in the cloud somewhat backfired them. The entire process was slowed down. I would recommend that some more countries should be allowed for sending and receiving data. This will be helpful for Europe as it will open up more options for Europe. Therefore, it can be concluded that cloud computing is the technology utilized for transferring data or any type of services via Internet. The services include analytics, networking, servers and storage. The services are configurable. The main benefit of cloud computing is that the data analysis can be done easily. Apart from this, cloud computing is affordable for all organizations. It even does its job with intense speed and this in turn increases the overall productivity of the organization easily. However, in spite of helping the technological world with so many advantages, cloud computing do has some of the major disadvantages. The major disadvantage of cloud computing is that the downtime is excessive high. The essay briefly describes the major turmoil that occurred in Europe due to cloud computing. The essay helps to understand whether the case is ethical or not with the help of the four classical theories of ethics. According to the utilitarianism theory, the case is non ethi cal, however, according to the deontology theory, the case study is ethical. The virtue and contract theories do not apply to this case study. Proper justifications are also provided to understand the case study. References Arntzenius, F. (2014). Utilitarianism, decision theory and eternity.Philosophical Perspectives,28(1), 31-58. Audi, R. (2012). Virtue ethics as a resource in business.Business Ethics Quarterly,22(2), 273-291. Chen, D. L., Schonger, M. (2017). Social preferences or sacred values? theory and evidence of deontological motivations. Crimmins, J. E. (Ed.). (2017).The Bloomsbury encyclopedia of utilitarianism. Bloomsbury Publishing. Dewey, J. (2016).Ethics. Read Books Ltd. Fried, C. (2015).Contract as promise: A theory of contractual obligation. Oxford University Press, USA. Hashizume, K., Rosado, D. G., Fernndez-Medina, E., Fernandez, E. B. (2013). An analysis of security issues for cloud computing.Journal of Internet Services and Applications,4(1), 5. Lazar, S. (2017). Deontological Decision Theory and Agent-Centered Options.Ethics,127(3), 579-609. Niebuhr, R. (2013).Moral man and immoral society: A study in ethics and politics. Westminster John Knox Press. OBrien, K. (2017).Cloud Computing Hits Snag in Europe.Nytimes.com. Retrieved 19 September 2017, from https://www.nytimes.com/2010/09/20/technology/20cloud.html?hpw Van Hooft, S. (2014).Understanding virtue ethics. Routledge. Zissis, D., Lekkas, D. (2012). Addressing cloud computing security issues.Future Generation computer systems,28(3), 583-592.

Constantine The Great - Mini Biography Essays -

Constantine The Great - Mini Biography Constantine the Great - mini biography by Justin Woodson Throughout history there are pivotal men and women whose actions are so significant that looking back history may have been unrecognizably different without them. These men and women can be tremendously virtuous or tremendously evil (or somewhere in between). yet their mark on history is indelible. Names of such people include Attila the Hun, Adol-ph Hitler, Abraham Lincoln, Napoleon Bonaparte, and many more. For this article I'll focus on Con-stantine the Great (ruled 307-337 AD), or more for-mally, Imperator Caesar Flavius Constantinus Pius Felix Invictus Augustus (whew. a mouthful). One of Constantine's better known accomplishments is that he made Christianity the official religion of the empire and founded the new imperial capital at the city of Constantinople (today called Istanbul). Con-stantinople. and later Byzantium. was the heart of the Byzantine empire. The Byzantines were able to ward off repeated invasions by the Muslims from the south. This literally protected Europe from being overrun. Although Constantine has been portrayed as a man of sincere conviction, it is also true that he was an ex-ceptionally gifted propagandist, general. as well as an unscrupulous manipulator. Clearly his maneuverings to unite the Roman world in creating an excuse to fight (and defeat) his co-ruler, Licinius. might be considered Machiavellian at the least. Later, he broke an oath to spare Licinius life and had Licinius and his son hanged. Constantine's role in the death of his wife and son also cast a shadow on the man. Constantine's innovative tax on city dwellers. the chrysargyron. was harsh beyond any tax (in penalty) than we can conceive of in modern times. Geographically, Constantine fought major wars to crush the Goths on the Danube and the Alemanni on the Rhine. By expanding Rome's frontiers almost back to the glory days of Trajan, Constantine definitely eased the pressures on the Roman Empire. The new capital, new military structure (frontier troops and central command troops), the integration of Christianity as the official religion of the empire, and his choice of successors (poor) all mark Constantine as a focal point in history. Biographies

Object Pronouns vs. Subject Pronouns

Object Pronouns vs. Subject Pronouns Object Pronouns vs. Subject Pronouns Object Pronouns vs. Subject Pronouns By Mark Nichol Using pronouns seems simple enough, but they cause confusion because it’s easy to mix up nominative, or subject, pronouns and object pronouns. Here’s a review of the difference between the two categories of pronoun: A nominative pronoun is one that takes the place of a noun phrase used as a sentence’s subject. Instead of writing, â€Å"The man patiently stood in line,† one could write, â€Å"He stood patiently in line.† An object pronoun, however, replaces a noun phrase employed as an object: If you wished to use a pronoun to refer to a woman who precedes the man in line, you wouldn’t use the equivalent of the pronoun that appears in the second example above (â€Å"The man patiently stood in line behind she†); you’d use a different form (â€Å"The man patiently stood in line behind her†). Pronouns that rename the subject and follow a verb should also be in subject form: â€Å"It is I who have been wronged.† In comparative sentences those in which as or than is used to compare two things should you write, â€Å"I am just as capable as her† or â€Å"I am just as capable as she†? To test the appropriate pronoun form, append a verb to the sentence, and the correct version becomes clear: â€Å"I am just as capable as she is.† (One often hears people saying things like â€Å"I am just as capable as her,† but one often hears things said that are not grammatically rigorous.) Sometimes, the correct choice depends on the meaning of the sentence: Is â€Å"She’s more likely to ask him than I† correct, or should you write, â€Å"She’s more likely to ask him than me†? If the extended sentence is â€Å"She’s more likely to ask him than I am,† in which the comparison is between the subject and the writer, I is correct. However, if the intent is to convey that the man referred to as him is more likely to be asked something by the subject than the writer is, the correct pronoun form is me, but that distinction should be clarified with a revision like â€Å"She’s more likely to ask him than ask me.† Another source of confusion is reflexive pronouns those that reflect back on the subject. Reflexive pronouns include all the compound words ending in -self (for example, myself) or -selves (for example, themselves). Reflexive pronouns should be used only to refer to another word in the sentence. For example, in â€Å"I gave myself a mental pat on the back for a job well done,† myself refers to the subject I. However, in â€Å"The letter was intended for myself,† myself has no referent (the subject is â€Å"the letter†), so the sentence should read, â€Å"The letter was intended for me.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar 101 category, check our popular posts, or choose a related post below:100 Whimsical Words75 Idioms and Expressions That Include â€Å"Break†75 Synonyms for â€Å"Hard†

Creativity and Innovation week 1 Essay Example | Topics and Well Written Essays - 500 words

Creativity and Innovation week 1 - Essay Example One of the organizations that have undergone an innovation is the California Institute for Regenerative Medicine (CIRM). California Institute for Regenerative Medicine is an organization that improved the development of therapies and potential cures based on the stem cell science (Michael & Panetta, 2005). In order to meet this mission that had been set, the organization had to focus on innovations both internal and external by carrying out research, product development and clinical trials. In order to be more successful, the CIRM developed a collaborative network that consisted of funding entities in 2 international states, 2 foundations, 12 countries and one domestic state. Additionally, the National Institute of Health also entered a collaborative relation with the CIRM. Through a good external collaborative network, California would be able to collaborate with several people from outside the state on several projects of innovation that would help in identifying solutions to diffe rent conditions such as HIV/AIDS, Parkinson’s disease, childhood neurological disorders, cancer and genetic diseases( Chesbrough, 2003). The Main inspired idea that led to the innovation was to successfully fulfill the various objectives that were laid by the organization. The objectives include; increasing the development of stem cell therapies, implementing the recommendations of the external review panel. With the objectives set, the project came out with a more valuable result that would help in fulfilling the mission and improving people’s health status with most chronic conditions. Self expression can be referred to as an expression of one’s personality or feelings such as in poetry, painting or any other creative work or activity (Slowinski, 2005). The development of creativity and self-expression involves the use of technological tools in order to produce a range of creative works. The activities

Islam in Kyrgyzstan Term Paper Example | Topics and Well Written Essays - 2250 words

Islam in Kyrgyzstan - Term Paper Example This paper will analyze Islam in Kyrgyzstan and present an objective account of the role that this religion plays in this country. In order to do so, the paper will provide a general overview of the religion in question in the country and examine the process of introduction of it. Next, it will analyze the extent of influence of tribal religious system of the contemporary Islam as it is practiced in Kyrgyzstan, paying particular attention to tengriism, elements of shamanism as well as the peculiarities of their coexistence with the Muslim faith. The following aspect of investigation is the relationship between Islam and the state, namely the way the former influences rhetoric of certain politicians as well as legal system of the country. Finally, the paper will analyze the current status of Islam in Kyrgyzstan, including the increase in the number of mosques, introduction of Islamic banking and national holidays. Kyrgyzstan is a rather peculiar country. It is situation in the Central Asian region is border with such influential countries as China and Kazakhstan. It was a part of the Soviet Union and, therefore, was able to experience influence of communistic atheism on its religious life. In spite of the fact that Kyrgyzstan does not play a key role in the politics of the religion or its cultural life, this is a country that should be taken into account when it comes to understanding the diversity of the part of the world in question. It would not be a mistake to suggest that Islam was introduced to these lands relatively late: in the tenth century the southern part of the modern Kyrgyzstan was converted into Sunni Islam. However, the process of consolidation of tribes and their unification was slow: even today there is a big different between the southern and the northern parts of Kyrgyzstan. The people of this country were closely connected to their traditional beliefs; that is why to a certain extent such

Women as Property and Marriage as Slavery (responses) Assignment

Women as Property and Marriage as Slavery (responses) - Assignment Example Also, I agree with Anthony’s arguments on the need to list women in the property rights and ownership. This is because men are less responsible in managing property and children through their ill behaviors of drunkenness and licentiousness. In this case, women stand a greater chance of suffering in the society given that they depend on men for daily bread and property. That is why Anthony states, â€Å"Most prosecutions in our courts concern breach of promise, divorce, adultery, bigamy, seduction and rape.† I disagree with John Stuart Mill’s arguments on the subjection of women. It is essential for women to have rights and freedom of existence in a free world. The legal subordination of women to men due to the natural acts that state, â€Å"The conquered should obey the conquerors† should be a forgotten past. Women and men should have a perfect equality where both have powers, privileges, independence and development records on a personal ground (Mill 74). I also support the arguments of Engels on the need to create a worker-run state socialism where there would be formation of trade and wage labor unions and abolish capitalism. Engels derived his argument from the fact that women suffered inequality in a capitalist society where there was inequality in workplaces and homes. He states, â€Å"The division of labor between two sexes is determined by quite other causes than by position of women in the society.† Consequently, the society should empower women since they take part in agriculture, amassing surplus wealth and property yet they are not entitled to ownership in the government (Engels,

Practice of Insight Meditation: Types, Uses and Benefits

Practice of Insight Meditation: Types, Uses and Benefits The Liberating Practice of Insight Meditation The practice of meditation has many benefits for its practitioners. Apart from enabling the person to experience a sense of freedom from oneself and at the same time oneness with the self, meditation can also be used to govern essential aspects of life. This has led to the development of several forms of meditation, including mindfulness meditation and insight meditation. Among these two most commonly practiced forms of meditation, this module would focus on insight meditation and how the practice of insight meditation can lead to the liberation of the mind while being able to understand things you would have not been able to without its practice. The Meaning of Insight Meditation Insight meditation, also known as VipassanÄ  in Pali or VipaÅ›yanÄ Ã‚  in Sanskrit is a form of meditation practice with Buddhist origins. The word VipassanÄ  in the Pali language can be translated as being able to gain insight or to see clearly. These terms therefore are used to denote that insight meditation does indeed help an individual practicing it gain a deeper sense of knowledge of the reality of things and their true nature. The word VipassanÄ  in the Pali language can be translated as being able to gain insight or to see clearly. VipassanÄ  also has a synonym in the word paccakkha in the same Pali language (pratyaksa in Sanskrit). This term means seeing things before one’s eyes, expressing the perception of things based on experience. Owing from its roots in VipassanÄ , there is a direct experience (or seeing) that leads to the perception of things. This perception is what would allow meditators using VipassanÄ  to be able to derive meaning and knowledge from things, which can be said to be far better since they have experienced it. The practice of insight meditation is also done in cultures other than those originating from Pali and Sanskrit. In Tibet, VipassanÄ  has a counterpart in the word lhagthong. This term is formed through a combination of two shorter words lhag and thong. Lhag means something that is greater, superior or higher; while thong is used to denote the phrase to see, or to view. Therefore, the Tibetan meaning of Insight meditation can be seeing things in a superior way, or being able to look into the essential nature of things. This means that VipassanÄ  can also be expressed as being able to lucidly see things, or view them clearly. The Roots of VipassanÄ  VipassanÄ  has its roots in Buddhist and Yogic meditation practices, but it is not often mentioned in most suttas, although in the discourses and other old documents (most of which dates back to the time of the Buddha) written in the Pali language, terms such as samatha and VipassanÄ  existed. In these old writings, VipassanÄ  is used to denote clear-seeing, but then again the word itself is not directly quoted to be coming from the Buddha’s lips. What the Buddha is quoted to have used is the word jhana when he tells his disciples to meditate, although jhana is not similar to VipassanÄ  or any similar meditation techniques. Readers and scholars of the suttas claim that the suttas were not exactly the origin of the meaning of VipassanÄ  and its practice, although it is through the interpretation of the suttas that gave rise to the meaning of VipassanÄ . These interpretations were based on the debates in the ancient times about the teachings of the Buddha and how they are to be interpreted, classified and put into a hierarchy. This is expressed in the Visuddhimagga. How the Practice of VipassanÄ  Helps Gain Insight The manner in which VipassanÄ  is practiced is different from other Buddhist meditation practices in the modern times. It also has differences from other meditation forms that are not Buddhist in origins. This difference lies on one key aspect of VipassanÄ , and that is because of the inclusion of techniques that aims to develop insight in the individual practicing it. This development of insight includes the practice of one’s ability to contemplate on things, do an introspection in the meaning of these things, observe how his body experiences sensations, be able to meditate analytically and do observations on to this day-to-day life. In Theravada Buddhist practice VipassanÄ  meditaion is done together with the practice of mindfulness of breathing. Also, the impermanence of things and gaining insight into them is another key area of practice. This can be interpreted in the Four Foundations of Mindfulness as they appear in the Satipatthana sutta. These are: The kaya or body (also sometimes interpreted as breath); The vedana or the feeling tone of the person (mostly in terms of sensations); The citta or the consciousness (sometimes interchanged with mind); and The dhamma or the mind objects (phenomena). Moreover, practices leading to development of insight are also used to be able to meditate using VipassanÄ  are cited in the suttas. These consists of being able to practice mindfulness breathing and the capacity to contemplate on impermanence of things. Mindfulness of breathing. To be able to successful practice VipassanÄ , it is essential for the meditator to practice mindfulness of breathing first. This can be done by having the meditator watch his or her breathing patterns and notice them simply for what they are. This means that if he or she notices that the breaths are either long or short, these would be interpreted as such. Contemplation of permanence (Sampajaà ±Ãƒ ±a). This is usually done after the meditator has successfully practice mindfulness of breathing. It is based on the belief that if you are aware of the changes your body goes through as you carry out breathing, then you can understand how the sensations you have in your body are bound to arise and pass away with time. This means that there is impermanence in the bodily sensations. When these things are contemplated on, an awareness on their impermanence and relevance is born, and with it the development of a sense of self that is independent from these things. Stages in the Practice of VipassanÄ  The practice of VipassanÄ  has the aim to allow the meditator to gain different levels of insight into things which happens as a part of an ongoing process. This insight is deemed to be able to help in reaching a stage in which the sensations and feelings experienced in the body (the vedana) slowly dissolves into the consciousness and are replaced by subtle sensory flow throughout the body. This subtle flow of sensations is called the bhaà ¡Ã‚ ¹Ã¢â‚¬ ¦gÄ nupassanÄ  à ±Ã„ Ãƒ ¡Ã‚ ¹Ã¢â‚¬ ¡a in the (Pali language, and bhaà ¡Ã‚ ¹Ã¢â‚¬ ¦gÄ nupaņºyanÄ jà ±Ã„ na in Sanskrit) or the knowledge of dissolution. The final step into this distinct process is the possession of the meditator od mental purification. The meditator practicing VipassanÄ  is also expected to experience decreased levels of attachments (or bodily cravings) and fears or aversion. After this happens, the stage of saà ¡Ã‚ ¹Ã¢â‚¬ ¦khÄ rupekkhÄ Ãƒ ±Ã„ Ãƒ ¡Ã‚ ¹Ã¢â‚¬ ¡a (in Pali, or saà ¡Ã‚ ¹Ã†â€™skÄ ropekà ¡Ã‚ ¹Ã‚ £Ã„ jà ±Ã„ na in Sanskrit) will be attained, where the meditator would have a strong foundation of knowing that all formations or things are equal. This state of equanimity (or upekkha) can be considered as a state of Brahma in the Theravada Buddhist practice. The Benefits of Insight Meditation VipassanÄ  or insight meditation can help its practitioner in developing the ability to gain insight into things or phenomena and their sense of impermanence. This ability to see this truth is what makes it possible for the meditator to be liberated from such things permanently. The longer the time that a meditator practices insight meditation, the better the improvement that he or she will gain in the perception of his or her existence. This is what most Theravada practitioner refer to as the evolution of knowledge during practice. Coming from a different perspective, the practice of insight meditation also has benefits backed by science and medicine. In a study that were conducted among Western people who were practicing insight meditation, MRI images revealed thicker brain regions in these individuals. These thickened regions of the brain are noted to be those that are related to visual (or pertaining to seeing), auditory (or hearing), somatosensory, and even processing sensations and stimuli interoceptively. These changes are also seen to differ depending on how long the meditator practice and also how long each day they spend practicing insight meditation. The thickening areas of the brain of those practicing insight meditation can be helpful in slowing the progression of cognitive decline especially in those experiencing it as part of the normal aging process. Requirements in the Practice of VipassanÄ  or Insight Meditation Starting any meditation practice is usually a challenge for meditators. It is essential that those who are teaching meditation be able to help bridge the gap between successful practice and the willing meditator. The key lies in having set clear guidelines and explanation of the steps needed to be taken to establish a good foundation for good meditation practice. Doing insight meditation or VipassanÄ  is therefore no exception. The following steps may be helpful in attaining good foundation in insight meditation. Find a special place. Insight meditation would require its practitioners to free their minds from all thoughts that would hinder it. A quiet place where the meditator can focus and do VipassanÄ  undisturbed would be best. This place may be a small corner in the house or inside the meditators room or even in his or her garden. As long as the place is free from all things that can have negative impact in the practice of good meditation, then it is okay. Feel comfortable. Most modern-day meditators come from environments that are high in stress and negative vibes. These things can work adversely if the person would want to practice meditation. Feeling comfortable not only with the environment and setting a special place of meditation is not enough. Being comfortable in themselves is also necessary. This can be achieved through cleaning the body first and the face before the start of meditation, or if there is still time before starting, a warm shower can do wonders in easing stresses and increasing the person’s comfort level. Ensure proper posture. Ideally, meditation does not require its practitioners to assume a certain position, but it would be quite difficult to focus and concentrate in just any position especially for beginning meditators. The suggested position for meditation in most literature would be the Lotus Position, although its modified Half-Lotus can also be used for those who have difficulty assuming the former. However, any position can be used as long as the back of the meditator is straight (or the spine is erect) and the manner of sitting or standing is not strained. This should be done while the person is completely alert of his surroundings, position and even breathing patterns. Just a word of caution, beginning meditators should be discouraged from assuming positions that can make them fall asleep as this would disrupt meditation. Free the mind. This can be started when the meditator seated comfortably and in peace and quiet. Relaxation is one of most important things to bear in mind when trying to free the mind of all the thoughts that has the tendency to intrude on the meditation process. Emptying the mind from all thoughts that have a negative implication on gaining insight is important to successful meditation. Observe breathing patterns. This is usually the first stage of insight meditation. Observing the way how a person breathes increases his or her level of awareness of changes that goes through the body with each breath. While doing this, awareness is gained in the nature of things, while freeing the mind from all things that clutter it. Regulate the breathing until it becomes as natural as it should. Smile. In most beginners practicing insight meditation, the presence of obtrusive thoughts and negative feelings would be unavoidable. Adding a positive feeling tone would help block these thoughts from disrupting the attainment of insight. Smiling is one way to this. When the meditator smiles, there is release of endorphins which can contribute to a general good feeling. When the meditator feels good, he or she becomes less stressed, more relaxed and meditation is better. Meditate. This is done when the meditator focuses on things and their nature in an effort to gain insight and have a clearer view of such things. More about this would be discussed in the succeeding modules. Extend the meditation process to loving kindness. This stage is optional for meditators. Experiencing loving kindness can be attained through eliminating all emotions related to envy, self-pity, anger and hatred towards others. This would allow the meditator to extend kindness, understanding and love for others and in the process extends this love not only to people but to the universe in general. The practice of loving kindness or metta bhavana requires first that the meditator learns to love himself and feel good about himself, while allowing the destruction of the selfish nature of oneself. Like other forms of meditation, this might be difficult to do at first, but continuous practice would help in mastering it. More Tips into the Practice of Insight Meditation Since the successful practice of insight meditation requires time and practice, it is important for anyone teaching or guiding meditators to stress the need for patience when the expected results of the meditators are not seen in the first few times meditation is tried. Also, since the ability to focus and free the mind is not easy on the first dew tries, ensuring that the environment is conducive enough is a must. The use of soft lights, mellow sounds (like the sounds of waves or raindrops, soft wind blowing, and nature) and music purposed for meditation can be used to create a warm, relaxing environment. Ambient noises such as the sound of machines being operated and phone ringing should be avoided. If possible, unplugging these devices is recommended. Keeping aromatherapy candles burning can also aid in relaxing and calming the mind of the meditator. Moreover, keeping candles burning can also aid in focusing since the flame from the candles can be used as objects of reference when freeing the mind and allowing the meditator to detach himself from his or her environment. The candle and its flame can also be used symbolically to denote the light of the doctrine from which insight meditation is based. In coaching the meditator on the practice of Insight Meditation, the teacher must also keep in mind that the tone of his or her voice and the manner in which the lectures are delivered matter greatly. For one to be able to be effective in teaching a practice such as meditation, he or she should have first hand knowledge and experience on its effects to oneself. Influencing the meditator positively should be one of the goals, as well as exuding the relative peace and calm that insight meditation can do to its practitioner. And lastly, it is also important that any one who wants to guide or teach meditation to be free from all forms of dogmatic and judgmental thoughts to avoid passing these on to the practitioner. Remember that meditation, especially VipassanÄ  teaches deeper sense of understanding, clarity on the nature of things, and most especially being at peace not only with oneself but with the universe as well. References: Henepola Gunaratana, Mindfulness in plain English, Wisdom Publications What is Theravada Buddhism?. Access to Insight. Access to Insight. Bikkhu Bodhi, The Connected Discourses of the Buddha Ajahn Brahm, Mindfulness, Bliss, and Beyond: A Meditators Handbook. Wisdom Publications, 2006 Thanissaro Bhikkhu, One Tool Among Many: The Place of Vipassana in Buddhist Practice Glickman, Marshall (1998), Beyond the Breath: Extraordinary Mindfulness Through Whole-Body Vipassana Meditation, Tuttle Publishing, ISBN 1-58290-043-4 Behaviour Management in Schools | Theories Behaviour Management in Schools | Theories Professional Issues: Learning Behavior Abstract This essay explores ways in which children can learn to behave appropriately in school, and so in society. The main aim was to critically analyse strategies which schools and individuals (teachers, support staff and children) use to manage behavior and to consider how behavior management might (or might not) lead to children learning generally appropriate behavior. For this purpose, information was gathered through a case-study report and through analysis of materials presented in books, course materials and professional publications. The results of this study show aspects of value in the many different models of behavior management currently in use. They also reveal several key deficiencies. More importantly, the need for an integrated approach (involving school, home and the wider community) when applying behavioral policy is emphasised; these conclusions were supported by evidence from case-studies and from my own teaching experience. Reflecting wider concerns in society about the behavior of young people, the DFES has identified behavior management as one of its key policy areas. Each head-teacher is expected to have a system in place which: Promotes self-discipline and proper regard for authority among students Encourages good behavior and respect for others Ensures students standard of behavior is acceptable Regulates students conduct (DFES, 2007) Such a system, however, is necessarily only â€Å"part of the story†. Pupils’ behavior is influenced by a myriad of factors, including their interactions with staff, parents and wider society, their own personalities, their health problems and their learning environment (Fuller et al, 1994). Croll et.al (1985) stated that â€Å"the majority of teachers consider home background to be the most significant factor in problem behavior†. School policy cannot and does not aim to control all of these factors, rather it aims to provide a framework in which teachers, parents, support staff and students can work to eliminate â€Å"problem† behavior and promote positive relationships. There is great debate in the literature about the methods and final aims of achieving acceptable behavior standards in schools. Initially at least, behavior management is a simple requirement of effective teaching, in that behavior that disrupts the learning process conflicts with the basic aims of the teacher. How far, and how effectively, school discipline affects pupils’ behavior in wider society is unclear – and some researchers have argued that societal discipline is de facto the responsibility of all areas of society, and not just the education system. This paper critically examines a variety of different behavioral theories and policies, taken from the literature and from my own experience in teaching, and attempts to summarise the evidence supporting and undermining each case. Analysis in each case is based on two main criteria: Does the policy provide effective behavior control for classroom management? Does the policy influence extra-curricular behavior? This work is supported by reference to a case-study and to other relevant classroom experience, and concludes with a summary of the information gained. Section 1: Behavior in Schools: Theory and Practice This area of education is extensively referenced in the literature, but there are few summary documents that compare and contrast different approaches. This section provides critical analysis of some current policies and theories, and highlights the general importance of the results of each analysis. For clarity, work is divided in to that which focuses on behavior management, and that which focuses on developing responsibility. Policies that focus on Behavior Management -modifying behavior through regulation and discipline. The Work of B F Skinner (1974, 1976) The psychologist B F Skinner is credited with creating the first comprehensive theory of educational behavior management, based on the rewarding of positive behavior and the punishment of negative behavior. Skinner based his work on his broader theory that human behavior is determined by â€Å"positive reinforcement†, and adopted this idea to account for the more controlled environment of the classroom. Fundamentally, Skinner’s approach requires a set of clear and agreed classroom rules, and an associated rewards and punishments system. Breaking of a rule is recognised by application of a punishment, and particularly good work is reinforced by a reward. The nature of rewards and punishments varies with school, age group and teacher, but the former can include awarding stickers, merit slips and small prizes and the latter can include the imposition of extra work, detentions and so on. Psychologically, Skinner’s system is a form of ‘operant conditioning’, in which the teacher gives almost constant feedback to students in order to help them modify their behavior step-by-step. This theory (and derived theories and policies) account for a large proportion of currently operating behavior management systems in schools. Bigge (1976) and others have recorded observations that seem to support the use of Skinner’s system, and in my experience, the rewarding of positive behavior generally encourages subsequent good behavior in the classroom. I observed a classic example of this in a Midland’s secondary school, where a child (B) had difficulty in completing work in his mathematics lessons, and as a result, was frequently disruptive and ill-mannered. The classroom teacher reached an agreement with B that, if he concentrated on his work, asked for assistance when he needed it and did not misbehave, he would be awarded a merit slip for each successful lesson. Because of previous behavioral problems, B had never before been awarded merits, and adopted an enthusiastic approach to managing his behavior in order to achieve this. It will be noted that in this example, the teacher did not strictly follow Skinner’s formula in that B’s negative behavior was not punished. One problem linked with the negative reinforcement approach is that it can lead pupils to associate negativity with particular classroom situations – especially when misbehavior stems from deeper problems and is not simply malicious. The case study in section 2 provides a clear example of this occurring. The classroom teacher must use their judgement to decide on the appropriate course of action in individual cases. Particular caution in applying negative feedback is necessary when faced with attention-seeking behavior, where it may feed a child’s desire for attention and therefore be counter-productive. During a recent science lesson, a pupil (C) attempted to interrupt a class discussion that I was leading with irrelevant and attention-seeking remarks. As these remarks were not loud or rude, I decided to simply ignore this behavior, and concentrate on positively reinforcing the cooperative responses of other pupils. Within a very short time, C realised that her behavior was not going to be commented on, and joined in the discussion – allowing me to positively reinforce her contributions. The source material for this paper, â€Å"Behavior Management in Primary Classrooms†, comments on the use of ‘planned ignoring’ in primary schools: â€Å"This technique works for minimal off-task behavior that is designed to get teachers attention, such as rocking, tapping a p encil, annoying hand waving, handling objects, combing hair, etc†. I believe that positive reinforcement is generally more successful that negative deterrence, as the positive approach rewards a pupil’s own choice to behave, whereas the negative response is often seen as the teacher’s imposition of ‘rules’ on a pupil. This conclusion is reinforced by Wragg (1993), and by â€Å"behavior management†, where it is stated â€Å"It is important to underline that an over-emphasis on negative behavior destroys constructive atmosphere in the classroom†. That having been said, there are instances where negative reinforcement is necessary: punishment for bullying and direct rudeness and disruption can act as a deterrent to other members of the class, as well as establishing the teacher’s authority. Several authors (Tauber, 1988 and Gunter, 1997) defend the careful use of negative reinforcement, particularly in the case of students with specific learning disabilities. In terms of classroom management, then, Skinner’s work can be useful and practical if applied intelligently to some situations. But how far does it go towards positively modifying a pupil’s behavior in society? By encouraging positive behavior (i.e. in response to a prescribed code) and making pupils aware that disobedience will result in punishment, the policy can be said to introduce the idea of community responsibility. Aspects of positive reinforcement can be found in wider society, which strengthens Skinner’s original theory. However, the simplistic system necessitated by classroom needs does not directly compare with anything that children will encounter in wider life: positive actions are not always rewarded, and negative ones sometimes go unpunished. The main problem with adopting this policy is that it makes little or no allowance for pupil input, which makes it seem distant from their everyday lives. The reward and punishment system becomes an integral part of the school routine, but is â€Å"left at the school gate† in the same way that uniform rules are not seen as applying outside of the classroom. b) Developments of Skinner’s work. Many refinements to the original theory have been suggested in professional literature. Some of the most important are summarised below: -Butcher (2001) assessed Skinner’s contribution to education, and discussed its integration in to other, more recent work. She states that â€Å"some contemporary educators might object to using rewards and punishments to shape behavior†, but asserts that, with the support of teachers who are willing to assess the individual discipline situation, such an approach is still useful. -Jack (1996) investigated the implementation of a number of different classroom management strategies (including Skinner’s), and found that differences in teachers’ approaches had a defining effect on the success of a strategy. -Emmer (1980) investigated the importance of the first few weeks of the school year in establishing a positive classroom management stance, and highlighted â€Å"the central role of rule setting† in successful teaching: this aspect of Skinner’s theory had not previously been comprehensively reviewed. -BATPAC (Wheldall et.al, 1985), or the â€Å"Behavioral Approach to Teaching Primary Aged Children† is a model developed from Skinner’s work by researchers at Birmingham University. I have had experience of implementing this scheme, as my LEA (Nottinghamshire) adopted it as a supporting training measure between 2001 and 2004. The guidance leaflet for the course states that BATPAC (and the secondary equivalent, BATSAC) form â€Å"a rather behaviorist approach, emphasizing the now-familiar Praise and Reward approach of positive teaching, intended for use by trained tutors only†(NCC, 2004). BATPAC is intended to be a tool for experienced teachers to further their classroom management skills, and not a stand-alone solution. This is probably due to the fact that it does not provide solutions for dealing with anything but mildly bad behavior, although it does provide an updated version of Skinners Behaviorist Approach that makes use of internet an other ICT resources. -â€Å"Building a Better-Behaved School† (Galvin et.al, 1989) is another model that builds on behaviorist beginnings. The authors state that the impact of a good behavior policy â€Å"largely comes through being clear, teaching appropriate behavior and giving positive feedback when pupils are behaving appropriately. It is an extension of Skinner in that it focuses on actually teaching positive behavior, instead of just rewarding it. Galvin’s model is the first that attempts to deal with the pupil’s need to learn about appropriate behavior, and therefore starts to meet the second of the criteria mentioned in this paper’s introduction, â€Å"influencing extra-curricula behavior†. However, there is little feedback available as to the reception that this model has received, and further work is necessary before it can be recommended as a positive development. This small selection of published work is an indicator of the extent and success that Behavior Modification models have met with in recent years. However, there are a number of criticisms that can be made of Skinner’s original work, and therefore of the models derived from it. The chief criticism is that the behaviorist model assumes that pupils act as â€Å"units†; that is, that they will all respond to punishment or praise in the same way. This is obviously not the case, and is an important flaw; hence the earlier comments about teachers needing to adopt the system to meet individual needs. The problem with this is that individual teachers also vary in how they apply behavior policy, which can lead to inconsistencies within a school environment. There is little else as destructive to a co-ordinated policy as inconsistency, as neither pupils or staff have a firm base mark for determining what is acceptable or unacceptable behavior. During my first year of teaching, I ran a mathematics support class as part of a primary school’s numeracy strategy. After two weeks, I was asked to meet with a class teacher, and on discussing our approaches to behavior management, it transpired that the class teacher insisted on silence during written work, whilst I encouraged on-task talk as a form of peer-led learning. It was obviously unfair to the class in question that the definition of â€Å"acceptable behavior† changed between classrooms, but such variation is a simple reality in everyday schooling. Thus, whilst the work of Skinner and other behaviorists is a useful part of an integrated classroom management strategy, it cannot be considered comprehensive. Because of its limitations, other researchers have developed alternative approaches to behavior policy, with a focus on the broader personal development of the student rather than on responding to behavior ‘as it happens’. The next section discusses some of these alternative approaches. Policies that focus on Developing Responsibility -developing a system of behavior through experience and personal growth. Assertive Management One of the oldest alternative approaches that developed from the Behavior Management model is the Assertive Management theory advocated by the Canters (1976). Whilst accepting the idea of positive and negative reinforcement as tools for teaching, this theory advocates â€Å"teaching pupils to accept the consequences of their actions in a form of rewards and punishments†. In other words, teachers reinforce their use of behavior management by explaining why a particular behavior is ‘good’ or ‘bad’. A school psychology handbook sums up the Canter’s approach as â€Å" based on the findings that effective teachers are assertive teachers who can express their classroom expectations clearly and firmly and take appropriate action should pupils not meet expectations†. (Dosani, 2007). The major development that assertive management incorporates is the provision of a stated link between a pupil’s behavior and its consequences – a vital step towards encouraging young people to develop a responsible approach to behavior in wider society. As with previous theories, however, individual teachers will vary in their application of this behavior management tool, which could lead to inconsistencies within a school. A further development, examined in the next paragraph, attempts to remedy this by proposing an assertive management policy that is school-wide. Positive Assertive Management This approach is similar in practice to assertive management, but with the important difference that it involves pupils in the decision-making process: the school behavior policy is discussed, agreed and modified in response to pupil’s ideas. The benefits of this approach are twofold: firstly, pupils gain a clear understanding of the aims of the school behavior policy by linking rules to reasons. Secondly, and more broadly, Positive Assertive Management imitates wider society’s use of ‘rules’: the people they affect have an input in to their formation and implementation. Tassell (2001) states that, under this system, Pupils have to learn that when they have freedom to choose what they want to do, they have to accept responsibility for that choice and the ensuing consequences. Positive Assertive Management can perhaps best be summed up by stating that, whereas earlier theories taught children how to behave, this theory teaches them why to behave, and thus is more likely to be applicable in their wider lives. In terms of staff and timetable requirements, this behavior policy is more demanding than alternatives, and it requires a co-ordinated approach on behalf of the school management team. There is also the question of the extent to which pupils should be allowed to influence school policy and discipline: this will obviously vary with the age and maturity of the pupils involved. This first section has not been an attempt to cover all the many possible models of classroom behavior management in use today. Rather, it has provided an overview of two of the main theoretical approaches, and has investigated developments therein. The next section looks at the implementation of behavior management policies on a practical level, and again assesses their potential to influence pupils’ wider behavior. Section 2: Empirical Experience and Evidence As stated in the introduction, every LEA and each school is expected to maintain a behavior policy, designed to integrate all staff in to a common approach to classroom management. The key aspects of such a policy are: Decision-making: The head-teacher is ultimately responsible for the policy, and thus will maintain overall control. Heads of subject and the senior management / governing team will also have a prominent role to play. There must also be scope for feedback from staff, pupils and parents. Rules and Sanctions: These must be defined in advance so that both teachers and pupils know where they stand. Role delegation: This includes defining the role of teachers and assistants in a learning situation, and also describing the responsibilities of wider staff. As Rogers (2000) noted: Effective behavior management is essential to the smooth running of a school and in the creation of an environment where everyones rights and responsibilities are addressed. A balance between fundamental rights and responsibilities is at the heart of behavior management. a) Example of a Classroom management policy In my current school (a large secondary in the Midlands), the head-teacher encourages development and discussion of behavior policy by nominating a different member of the senior management team to lead â€Å"classroom management† every year, whilst still maintaining overall control to ensure continuity. New members of staff are given a training session that defines their roles within the policy. Individual classroom teachers are allowed to decide the extent to which teaching assistants and trainees will assist them in this area, and provide a written statement to the head explaining their decision. On a basic level, behavior in each lesson is monitored by a system of ‘Rewards’ ( R’s) and ‘Consequences’ (C’s). Each student has a diary with a small space for every lesson of the school year. If the lesson has progressed well, they are permitted to write a small ‘R’ in the relevant space. In the case of misbehavior, there is a defined system of consequences, graded for severity, which will be similarly recorded: C: Recorded in the diary discussed with form teacher later C1: 5-minute break detention. C2: 30-minute lunchtime detention C3: After school detention: parents informed C4: Withdrawal from lessons, parents informed and invited to school. Posters detailing the â€Å"R’s and C’s† system are prominently displayed in all classrooms. The school also adopts a â€Å"positive reinforcement† system to recognise good behavior, with a school-wide merits system, linked to a reward scheme (e.g. 10 merits in a term = a free school trip). Although merely a brief introduction, this summary gives an idea of how aspects of many different theories, as well as the ideas of many relevant staff, can be collated in to a school behavior policy. Example of classroom behavior management This paper was written with reference to a case-study, involving a Child (A) with behavioral problems. A shows attention-seeking behavior in the classroom environment, which observation suggests may stem from difficulties with the understanding of written and spoken instructions, and feelings of insecurity owing to these difficulties. The study details the response of the teaching assistant supporting A, who uses a combination of techniques (notably positive reinforcement and planned ignoring) to manage difficult situations. Of particular interest are the assistant’s comments regarding the general school behavior policy. The negative reinforcement applied by the class teacher in response to A’s behavior is seen as destructive rather than constructive, a conclusion supported by Wragg (1993) The failure of communication within the school and between the school and parents is also recognised; child A’s behavior problems are reoccurring because of a lack of parental support: in such a situation, school policy does not modify behavior, merely punishes it. The case study is a useful illustration of the point that a management system can achieve no long-term changes in pupil behavior without the support of other staff and parents. The writer concludes that â€Å"The majority [of parents in this school] show little responsibility towards developing good behavior and positive attitudes in their children, making the effective management of behavior extremely difficult†. Summary It is unlikely that there will ever be a â€Å"universal† school behavior management policy, owing to the vast differences that individuals (both staff and students) bring to the system. However, some degree of common theoretical underpinning is necessary in a nationalised education system, and the work of behaviorists and other classroom management researchers provides a number of potentially useful tools for school policy-makers. The work of Skinner, and of subsequent researchers, has provided useful background information pertinent to classroom management, but practical experience and training are a necessary part of successfully implementing any policy or model. Conclusions Given the brevity of this study, any conclusions reached can not be said to be conclusive, rather they are indicative of broad trends. From the research carried out during this paper’s completion, it can be concluded that: Behavior management is an integrated process, and must involve input from all relevant groups if it is to be successful. The extent to which schools can influence the wider behavior of their pupils depends on the degree of internal management consistency, the level of pupil involvement and the cooperation of parents. Theoretical behavior models require intelligent adaptation by practitioners to ensure that behavior management policies produce the best possible results for all concerned. Fundamentally, successful behavior management relies on the recognition that pupils are individuals, and must be treated as such. It is the responsibility of the classroom teacher and their support staff to intelligently apply their schools’ behavior policy to the benefit of all in their learning environment. â€Å"More important than the curriculum is the question of the methods of teaching and the spirit in which the teaching is given† – Bertrand Russell. Bibliography Bigge, M (1976): â€Å"Learning theories for teachers†.  Harper Row. Chapters 1 and 2. Blandford, S (1998 ): â€Å"Managing Discipline in Schools†Ã‚  Routledge Falmer, Chapter 8. Butcher, K (2001): â€Å"Exploring the foundations of middle-school classroom management†. Childhood Education, 78 (2), 84 – 90. Canter and Canter (1976): â€Å"Assertive Discipline†.  Canter Associates (Publisher), 2001. Cohen, J [et.al] (1993): â€Å"Handbook of School-Based Interventions: Resolving Student Problems and Promoting Healthy Educational Environments†.  Jossey Bass Wiley, Page 3. Croll, P [et.al] (1985): â€Å"One in Five: The Assessment and Incidence of Special Educational Needs†. DFES (2007): â€Å"Behavior and Discipline in Schools†. Retrieved on 10/07/07 from: www.parentscentre.gov.uk/behaviouranddiscipline/behaviouranddisciplineinschool Dosani, S (2007): â€Å"Managing a Challenging Class†.  Buckinghamshire Schools Educational Psychology Service, Vol 5, Page 1. Emmer, E (1980):â€Å"Effective Classroom Management at the Beginning of the School Year†. 80 (5), 219 – 231. Fuller, B [et.al] (1994): â€Å"Raising School Effects whilst ignoring culture?†.  Review of Educational Research, 64 (1), 119 – 157. Galvin, P [et.al] (1990): â€Å"Building a Better-Behaved School†. Logman. Gunter, P (1997): â€Å"Negative Reinforcement in Classrooms†.  Teacher Education and Special Education, 20 (3), 249 – 264. Jack, S (1996): â€Å"An analysis of the relationship of teachers reported use of classroom management strategies on types of classroom interactions†.  Journal of Behavioral Education, 6 (1), 67 – 87. NCC Course Handout (2004): â€Å"Nottinghamshire Behavior Support Plan, 2001 – 2004†.  Appendix A-2. Rathvon, N (2003):â€Å"Effective School Interventions: Strategies for Enhancing Academic Achievement and Social Competence†.  Brunner-Routledge. Rockwell, S (2006):â€Å"You can’t make me! From Chaos to Cooperation in the Elementary Classroom†. Sage Publications, Chapter 1. Skinner, B (1974): â€Å"About Behaviorism†.  Random House. Tassell, 2001 â€Å"Classroom Management†. Retrieved on 10/07/07 from:  http://www.brains.org/classroom_management.htm Tauber, R (1988): â€Å"Overcoming Misunderstanding about the Concept of Negative Reinforcement.†. Teaching of Psychology, 15 (3), 152 – 3. Wheldall, K [et.al] (1985): â€Å"The Behavioral approach to teaching package (BATPACK)†. Positive Products. Wolfgang, C (2001):â€Å"Solving discipline and classroom management problems†.  John Wiley Sons. Wragg, E (1993): â€Å"Primary Teaching Skills†. Pages 18 – 37 and 58 – 88.  Routledge.

Copyright From a Computer Perspective :: Copyright Art Protection Papers

Copyright From a Computer Perspective Copyright, is one of nine Muses that inspires authors in modern society during the creative process. Copyright is a category of intellectual property, and the main idea behind intellectual property is to encourage creation, by ensuring authors with recognition of original works as their own. Copyright protects original works of authorship fixed in any tangible medium of expression by giving authors exclusive right to copy, distribute, and to create derivative works. Copyright and art usually go hand to hand, almost anything that we can be copyrighted can be fit into an art category. For example, songs and novel figure into the art of writing, dances can be classified under performing arts, and paintings and sculptures are art works. So, how does software fit into copyright? Or does it fit at all? Software are computer programs, and society does not think of computer programs as art, or creative. So what does the law say about copyright and software? In addition to copyright rights specified, by statutes and constitution, common-law is also a source of copyright protection. Common-law is the body of law derived from judicial decisions and opinions1. So what does common-law copyright say about software? In order to answer these questions we are going to divide software into smaller elements and discuss how each of them is protected by copyright. For the purpose of this analysis, software will be divided into software, code and algorithms. Software refers to the product itself, code refers to the computer instructions, or program the software was created from, and algorithms refer to the algorithms used in the program. The process will address issues such as where copyright comes from, what the law is, some of the most important cases dealing with these laws, as well as th e issues surrounding them and the courts' decisions. Finally from this analysis, we will be able to derive to what extent does copyright actually protects software. The states where the first to provide copyright laws, until in 1790 the first Copyright Act became law. "An author may gain sole right and liberty of printing, reprinting, publishing and vending a map, chart, book, or books for fourteen years, ..." Wheaton V. Peters, involving two reporters of the Supreme Court, was the first landmark decision in 18342.