Thursday, October 31, 2019

Post-traumatic stress disorder Research Paper Example | Topics and Well Written Essays - 500 words

Post-traumatic stress disorder - Research Paper Example Threats of natural disasters like flood, storm, earthquake, fire etc and manmade disasters like terrorism, prison stay etc can cause PTSD. For example, after the 9/11 World Trade center attack, many of the Americans experienced PTSD because of the threats from Al-Qaida. This paper analyses the cause, symptoms and treatment options of PTSD. â€Å"PTSD starts at different times for different people. Signs of PTSD may start soon after a frightening event and then continue. Other people develop new or more severe signs months or even years later. PTSD can happen to anyone†(Medline Plus, 2011). The real cause of PTSD is still unknown to medical science. However, it is believed that various genetic, environmental and social factors are contributing to PTSD. The entire stress management mechanisms of the body are changed as a result of PTSD. â€Å"It affects the stress hormones and chemicals that carry information between the nerves (neurotransmitters). Having been exposed to trauma in the past may increase the risk of PTSD†(Post-traumatic stress disorder, 2011).Normal people and people with PTSD respond to abnormal behaviors differently. Normal people gradually forget about the abnormal event whereas for the PTSD patients, the memories of the trauma keep on agitate them in their future life.

Tuesday, October 29, 2019

Analysing the measure likelihood of success on the merits Assignment

Analysing the measure likelihood of success on the merits - Assignment Example In addition, the applicant’s attorney should prove to the court that effort has been made to stop to notify the adverse party and should give the reasons to maintain the claim that no court notice is required or the adverse party. The case of Ben Njoroge Muchunu & 2 others v Phares Muchunu & 2 others [2013] eKLR. In case, the applicants sought an order of temporary restraint to prohibit the plaintiff and the defendant against issuing the share of $52,000 as the proceeds from the sale of an estate to the late Benjamin Njoroge Wamanja. The applicants claimed that the money way held in the banks account in the names of the defendants’ and the plaintiffs’ affidavit. The basis of success was the fact that the applicants did not face any objection in their claim since there was no affidavit to deny the applicants claim. Therefore, in cases of denial of the issuance of a court injunction the applicants were entitled to suffer permanent damages that neither the defendant nor the plaintiff would compensate the applicant (Henry 47). The other alternative available is for the plaintiff and the defendant to establish to the court how they would compensate the applicants. In NEW YORK TIMES V. SULLIVAN, 376 U.S. 254, 84 S. Ct. 710, 11 L. Ed. 2d 686 [1964]. The New York times made a detailed advertisement titled â€Å"Heed their rising Voices† in a bid to raise funds to protect martin Luther King Jr against an Albama denunciation of false swearing. The Alabama court denied the application of temporary restraining order of defamation of Montogery Safety commissioner, L.B. Sullivan who was the police supervisor. The court claimed that the advertisement made by the New York Times did not mention Sullivan hence the commissioner had no base to sue the press for defamation. Also, these facts are evident in American Chicle Co. v. Topps Chewing Gum, Inc., 208 F.2d 560, 563 (2d Cir. 1953) (L. Hand, J.). The failure of the plaintiff was as a result of lack o f evidence of defamation hence the press could not be restrained from exercising their freedom of speech. In the case of Data General Corp. v. Digital Computer Controls, Inc 1971. The data general corporation exposed design information through its Nova 1200 minicomputer informing the owners of its secrecy of the design drawings in a contract agreement. Digital computer controls designed its minicomputer that resembled that of digital General Corporation that had sued in court to restrain digital computer controls against the use of heir technology illegally. The court help that a digital computer controls had breached the secrecy rights of the digital general corporation (Patterson 334). The bases for success of the digital general corporation case against digital computer controls were the fact that digital general corporation had applied sufficient security for their drawings hence digital computer controls breached the contractual terms by using confidential information for perso nal gain. In Carlill v. Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A.). the carbolic smoke ball company placed a newspaper advertisement promising 100 pounds to any person who consumed smoke balls three times in a day as directed by the company. Carlill consumed the smoke balls as directed and contracted influenza. She claimed the reward from the company, but the company denounced any contractual obligation with Carlill. The court applied temporary

Sunday, October 27, 2019

Comparison of UK Building Contracts

Comparison of UK Building Contracts Assessment: Terms of Contract; Critical Evaluation; Question standard practise Samuel Perkins Introduction This assignment aims to compare and contrast the various aspects of both the SBC/Q 2011 Standard Building Contract against the NEC 3 Engineering and Construction Contract: priced with Bill of Quantities 2013. Throughout the assignment I will abbreviate these to SBC/Q 2011 and NEC3. I aim to evaluate the documents involved in the making of the contracts (10%/350 words), the roles of those involved in the performance of the contract (20% / 700 words) , the Contractors responsibility towards the design (20% / 700 words) and finally concentrating on the payment aspect of each contract (50%/1750 words). The contracts will be assessed regarding revisions made in September 2011 to the Housing Grants, Construction and Regeneration Act 1996. My word count will be including the above mentioned areas not exceeding the 3500 words as required. Documents Making up the Contracts In the SBC/Q 2011 contract under provisions, the contract documents are defined in clause 1.1. The issue with this is that the contract sum analysis and any schedule of rates are dependent on the respective party and can therefore not be deemed as contract documents under this condition. For the employer this would mean that the main, responsibility for the correct descriptions and quantities would be placed upon them mitigating risks for the contractor. Regarding any discrepancies within the contract documents it is the responsibility of the Contractor to inform the Architect of any differences, however it should be noted that they are under no obligation to freely search for any discrepancies. Yet under condition 2.15 it states that if the contractor becomes aware of any such departure, error, omission or inadequacy as referred to in clause 2.14 that he shall immediately give notice with appropriate details to the Architect/Contract Administrator, who shall issue instructions in th at regard. The discrepancies are related to items found in condition 2.15(1,2,3,4,5) which cover the contract drawings, contract bills, instructions issued by the architect of contract administrator and finally the CDP documents. From the above we can see that SBC/Q 2011 shows a reasonable understanding to identifying contract documents. The main difference between the NEC3 and SBC/Q 2011 is that the NEC3 document doesnt define the term Contract, therefore there is no defining contract documents unlike SBC/Q 2011. It combats this within the guidance notes providing samples concerning a standard form of tender and form of agreement substituting themselves for actual contract documents. In the Core Clauses 12.4 it states that the contract is the entire agreement between the parties therefore combining the previously mentioned procedures involving the project management and contractual duties, liabilities and obligations. As discussed by Eggleston (2006) the term entire agreement has no legally definable definition however the term entire contract which is also known as a sole agreement clause does. Therefore the contract can only be completed to the written terms and conditions, this excluding any implied terms of common law remedies this relating to any legislation created by parliament as noted in (Galbraith, 2014). Like SC/Q 2011, NEC3 makes provisions regarding any discrepancies and contradictions between contract documents in Core Clause 17.1 however is much less distinct and clear cut in its definitions and clarity. The Clause states that The Project Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Project Manager gives an instruction resolving the ambiguity or inconsistency. However this does conflict with Core Clauses namely 12.3 and 18.1 which would then suggest that the responsibility to report inconsistencies lies solely with the Project Manager. Roles involved in the performance of the contract The JCT contracts require the Architect to act as the Contract Administrator in regards to performance of the contract on behalf of the employer. Under SBC/Q2011 the role of the architects expressed duties is covered in conditions 2.8 (1.2.3.4), 2.9, 2.11 and 2.12. These range from ensuring documents are supplied to the Contractor in accordance to the release schedule and initial contract documents to discharging the contract. As these are obligations of the architect they are therefore legally accountable for the area of contract administration. Given the Architects professional position and experience it is there duty to ensure the contract is carried out under the implied terms of common law and to the terms and conditions of the contract, it is crucial that the Architect stays unbiased when making decisions. SBC/Q2011 states under condition 2.4 that it is the duty of the Contractor to continue with the work on a regular basis and attentively and have the works finished by the agreed completion date. The work should progress steadily and in accordance to the contract in regards to time as noted in (Chappell 2012). If the Contractor is to make a breach of duty in respect of non-performance (not partial performance) of the contract would result in complete disregard to the contract terms and conditions which would cause total non-performance. Provisions are made to non-performance regarding the employers in conditions 8.4, 8.5 and 8.7 which guarantees the Contractors continual advancement of works in the event of unpredictable circumstances delaying works and the rectification of defect works. Unlike SBC/Q 2011, NEC3 does not mention the Architect under any of its clauses which removes any context of the Architects involvement. Under Core clause 10.1 it stipulates that the legal transitions and agreements and between the Employer and Contractor and subsequently the Project Manager and Supervisor. The provision of NEC3 states that the association of the Employer is to be related regarding their participation within the roles of the contract administration and are therefore a legal entity. The Project Manager exclusively has authority to change the work information, including issues and discharging any works instruction all of which is stated under Core clauses 14.3 and 27.3. Therefore the Project Manager is acting as the Employers Agent , allowing them to have a greater influence in decisions, which contrasts SBCQ/2011 whereby the Architect of Contract Administrator is more independent and acts in sovereignty. It is vital that the appointed Project Manager under NEC3 be it a single person or firm is competent and professional in order to achieve successful completion of the works and the contract due to the wide-ranging duties and obligations they are assigned. The Project manager and Supervisor can delegate works to other staff members in order to carry out their duties. This is noted under Core clause 14.2 however, before this can be done the Contractor must be notified of what actions each member of staff has been assigned. NEC3 also differs variably from SBC/Q2011 in its lack of expressed terms stating the Contractors obligation to continue with the works regularly. Consequently it relies on the provisions of Core clause 20.1 which state the Contractor is to Provide the works as defined in clause 11.2(3) along with disciplinary procedure that corner any delays to key dates, damages and or the payments scheme. It is important to note that NEC3 has no provisions in any of its Clauses that concerns any expressed terms that state the Project Manager should be neutral and equal, as mentioned above they are effectively acting as the Employers Agent. Therefore any concerns regarding the issues of impartial and unbiased contract administration is an implied duty and should therefore be overseen by the implied terms of common law remedies as displayed in Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. The Contractors Responsibility for Design Regarding the responsibility of the design aspect the Contractor should have no involvement, except if it has clearly been requested and defined within the contract documents under the parameter of the Contractors design responsibility Chappell (2012). It is also worth mentioning that the term design should be used broadly and should also encompass not just drawings but also any written documents relating to the Contractors design proportion for example specifications and schedules of work. Lupton and Cornes (2013) The SBC/Q 2011 has previously required an additional supplement which is provided through the Contractors designed proportion part of the contract. With the Contractors design proportion the employer will then prepare their requirements known as the Employers Requirements, which is created from the performance specification that consequently then allows the Contractor to formulate and submit their proposals known as the Contractors Proposals. These are required when creating the contract documents and subsequently the contract sum. Under clause 2.13.2 it states that the Contractor shall not be responsible for the contents of the Employers requirements or for verifying the adequacy of any design contained within them. Furthermore under clause 2.2 titled Contractors Design Proportion, it states what the Contractor should do where the works contain a Contractors Design Proportion. From these clauses it should be made clear the difference between the Contractors Design Proportion and the remainder of the job is to reduce any conflicts or confusion throughout the project. The Contractors liability is noted in clauses 2.1 and 2.19.1 and ensures that they do not exceed the level of works required, due to the Contractors liability being near equal to the Architects the liability is restricted to the Contractors skill and attention to details in their works. The NEC3 differs from SBC/Q 2011 and does not give the Contractor as much flexibility of which the Contractors design can operate. Clause 60.3 of NEC3 states that any inconsistencies with site information are the responsibility of the Employer. It is noted in Eggleston (2006) that due to the fact the Employer should have taken into account the best site conditions as per 60(12) yet logically the Contractor should have allowances and precautionary measures in place, which is contradictive. The Contractors basic obligation is covered in core clauses 20.1 and the obligation for Contractors designed work in clause 21.1 which states what work and designs are required from the Contractor and that the Employer should state the works information, the criteria to which he requires designs to conform. NEC3 is written to take account of common law remedies unlike SBC/Q2011 which uses expressed terms of provisions when discussing the Contractors liability regarding the works being fit for purpose. NEC3 optional clause X15.(1.2) limits the Contractors liability to reasonable skill and care much like SBC/Q2011 clause 2.1. This clause could be interpreted differently regarding fitness for purpose as the Contractor could complete the works with reasonable skill and care however could not be meeting their contractual obligations. Clause 21.2 states that the Contractor is responsible for the design standards, materials and products unless it is stated otherwise in the works information. As common law remedies implied on any warranties unless they are excluded. Payment SBC/Q 2011s provisions states that the parties involved should agree to suitable staged payments or Milestones as they are more commonly known, however if staged payments cannot be agreed upon the contract provisions will default to interim payments as per condition 4.9 (1.2) where a monthly valuation is submitted. It is therefore crucial that all valuations submitted for interim certificates are reasonably accurate and do not need to be perfectly correct, this will allow for any errors from miscalculations created from the difficulty of the matter as revealed in Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36. Interim amounts account for the completed work at Bill of Quantity rates along with a percentage of lump sums, the final amount is due when the whole work has been re-measured in accordance with the Bill of Quantities. Eggleston (2006) Interim valuations should be calculated via gross valuation, which include for the deduction of retention and any previously arranged payments certified as due. Provisions regarding this are found under 4.16 (1.2.3) discussing work executed, site materials and listed items. Yet staged payments should be agreed before the work is commenced and should correlate to relevant milestones and work sections. However this procedure should require periodic re-evaluations due to the administrative nature. Regarding in the event of insolvency as previously mentioned, the site materials in particular any stored off-site can be a difficult to identify whom they belong to, however noted in the provisions of SBC/Q 2011 under Terms of Conditions 4.17 (1-5) these materials become property of the Employer provided they are accounted for in an interim certificate. The Contractor must also provide proof to ensure all offsite materials are insured. Therefore any implied terms of common law remedies regard ing SGA 1979 are in excluded of their respective powers. To act upon the above the retention of title clause must be completed in order to identify the route the transfer of title takes, this is usually done methodically working through the supply chain from the Contractor, Subcontractor and Manufacturer, again checked against interim payments of that Contractor. The principles of payments should be governed by terms of the contract provisions and also by any implied terms of common law remedies like SGA 1979 and SOGSA 1982 as noted in Hughes, Mills, and OBrien (2008). In SOGSA 1982 it establishes that a payment should be made to any provider of work including the provision of any good or services supplied. However if it is expressed in the terms of the contracts provision a right to set off can be put in place to exclude any implied terms of common law remedies as seen in the case of Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Any interim certificates under the provisions of the SBC/Q 2011 are to adhere to the dates specified under the contract particulars throughout the contract and its conditions. Condition 4.10 (1.2) under contract provisions the contractor should receive a written notice stating the amount to be paid and the methodology used to calculate the sum, this should be received no less than 5 days after the submission of the interim certificate from the Contractor. It is therefore common practice for a reference to the interim certificate and copy of the valuation to be prepared by the Contract Administer or Quantity Surveyor. It should be noted that in comparison to either the Contract Administrator or Architect they would be held accountable to the parties involved due to the concern of skill and care. Regarding the final payment a few conditions must be mentioned firstly condition 4.12 (1-7) which covers details interim payments final date and amount most importantly that the final date for interim payment shall be no later than 14 days from the original issuing of the interim certificate. It also provides instructions on how to proceed with any pay less notices. Secondly the under the provisions of condition 4.15 (1-9) under title Final certificate and final payment instructs that the final payment will match the final certificate. The final payment should amount to the total of the contract price while taking into account all additional works and omissions, less the staged payments that have been paid throughout the projects work. As discussed by Ramsey (2000)the case of Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 showing how the Contract Administrator should abide to the provisions of expressed terms of the contract while performing their contractual procedure, in which the contractor will have no motive or reason to challenge the certificates issued. NEC3 differs from SBC/Q 2011 in the methods used relating to payment schemes. Firstly it is the Project Managers responsibility to assess the amount of the payments due at the assessment date and consequently they are accountable to ensure the submission of application to confirm payment. The Project Manager is also responsible for determining the first assessment date. This is found under Core Clause 50.1 under title assessing the amount due. Clause 51.1 stating that the latest dates that the Project Manager can certify the payment are fixed throughout the contract relating to each assessment date, this is usually a period of 1 week from the date. NECs secondary option Clause X16 (1.2) is similar to condition 4.20 (1.2.3) of SBCQ/2011 in its replication which defaults the retention percentage to either 3% unless otherwise stipulated under the contract particulars. Regarding the Core clauses that relate to retention there are no expressed terms found in the contract provisions. Core Clause 50.3 is designed to be a powerful motivation to the Contractor and can incur a 25% deduction until the Project Manager confirms a programme submitted by the Contractor, however no provisions are made that make any reference to the final certificate, which consequently means that certificates have no order of precedence and controversially no contractual status. As we are aware it is the Project Managers responsibility under Core Clause 50.1 to access and certify each payment amount at the given assessment dates, along with this under Clause 50.4, it states that the Project Manager should take into account any submissions by the Contractor that however the responsibility remains on the Project Manager the amount due regardless if he has not received a submission from the Contractor. Any assessment that is issued after the defect certificate will be considered as is common practise as the final assessment which will lead to the final certificate, therefore from clause 50.4 it is understood that without the Contractors submission of a final account before the last assessment they will lose any influence they have regarding payment. However this clause may cause disputes between the Contractor and Project Manager regarding the information supplied from the contractors original submitted programme, as this considered to meet the requirements of the contracts agreement. Clause 50.3 is biased in its favouring to the Project Manager, therefore the Contractor may wish to seek adjudication if they believe they have any conflicts throughout the project as the clause provides the opportunity to invoke a penalty clause. NEC Core clause 50.5 is designed to provide motivation to the Contractor to submit a programme which contains information required for the contract, within this clause it is understood that if the amount has been inaccurately assessed is difficult to comprehend. It is implied that the Contractor will not be entitled to any correction of the next payment certificate. Usually it is common practice for inaccurate assessments to be corrected on the later payment certificates without the Project Managers admission. However, if the Project Manager does not correct the assessment in question again the Contractor can seek adjudication by an Adjudicator. If the Project Manager does admit to a mistake following a tribunal or adjudication, under the provisions of core clause 51.3 it is liable to attract interest calculated from the date when the increased amount would have been certified if there had been no dispute. Core Clauses 11.2(21), 11.2(22) and 11.2.(28) relate to Payment in Main Option B Priced Contract with BOQ. The Term bill of quantities is defined in clause 11.2(21) which define its meaning and therefore the how the BOQ relates to other clauses. Clause 11.2(21) is very similar to Core Clause 11.2(20) of the main Option A priced contract with activity schedule. Finally Core Clauses 11.2(28) and 11.2(31) define the completed work ensuring it cannot be misinterpreted regarding payment terms. References Chappell, D. (2012) Understanding JCT standard building contracts. 9th edn. London, United Kingdom: Taylor Francis. Eggleston, B.Ce. (2006) The NEC 3 engineering and construction contract: A commentary. 2nd edn. Oxford, UK: Wiley, John Sons. Galbraith, A., Stockdale, M., Wilson, S., Mitchell, R., Hewitson, R., Spurgeon, S. and Woodley, M. (2014) Galbraiths building and land management law for students. 6th edn. Oxon: Routledge. Hughes, S., Mills, R. and OBrien, P. (2008) Payment in construction: A practical guide. Coventry: RICS Books. Lupton, S. and Cornes, D.L. (2013) Cornes and Luptons design liability in the construction industry. 5th edn. London, United Kingdom: Wiley-Blackwell (an imprint of John Wiley Sons Ltd). Ramsey, Vivian. Construction Law Handbook. 1st ed. London: Thomas Telford, 2000. Print. Cases Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36.

Friday, October 25, 2019

Comparing The Scarlet Letter and Long Black Veil :: comparison compare contrast essays

Comparing The Scarlet Letter and Long Black Veil      Ã‚  Ã‚   The song, "Long Black Veil", written by Johnny Cash has many similar elements to The Scarlet Letter by Nathaniel Hawthorne. Both have to do with the sin of adultery that ends up hurting the characters in the stories. In "Long Black Veil" a man is convicted of a murder because he cannot provide an alibi for the night that another man was killed. It turns out that the night of the murder, this man had been "in the arms of his best friend's wife." The man ends up being executed while the woman punishes herself for not saving his life by wearing a long black veil. "Long Black Veil" and The Scarlet Letter both demonstrate how secrets can destroy one's life. This theme is shown through the sin of adultery, the punishments that the characters go through and the symbolism of the long black veil and the scarlet letter.    The original sin of adultery is what starts the events that end up ruining the characters' lives. "Come up hither, Hester, thou and little Pearl...Ye have both been here before, but I was not with you. Come up hither once again, and we will stand all three together!" (p. 133). Though it is never said out in the open, you come to the realization that Hester Prynne and Arthur Dimmesdale have committed the sin of adultery and when Hester becomes pregnant, she is convicted for that sin. "I'd been in the arms of my best friend's / wife" The man and his best friend's wife also commit the sin of adultery and when he cannot give an alibi to a judge because he does not want anyone to know where he was that night, he is convicted for murder and executed. Adultery is what ends up destroying the characters lives because none except for Hester are willing to admit to the sin of adultery.    The punishments that the characters must undergo are worsened by the fact that they do not tell the whole truth. Hester has been found guilty of adultery but when she is asked to tell whom it was that she committed the sin with she refuses saying "Never.

Thursday, October 24, 2019

History of Movie Essay

Jon Lewis claimed that the new movies that were being written and produced marked a period of time where it was the â€Å"end of the cinema as we know it. † This could be argued either way by anyone who has both watched some of the classic movies of the past and viewed the new movies of today. There are many reasons to believe that modern movies are just as great as the movies form the past. The modern movies do have some differences that are present in that there are better affects, better overall research, but still the same magical qualities and wonderful imagination that went into films of the past. Therefore it will be argued that it is not the end of the cinema as we know it. By looking at movies from the past, middle time periods and more recent times it can easily be argued that many movies of these time periods put together great plot lines, memorable characters and wonderful lasting interest among those who have watched them. In 1942 Casablanca was released. This movie introduced the world to some of the most memorable characters in film history. It was a true love story that enveloped the viewer and allowed them to feel close to characters like Rhett Butler and Scarlet O’Hara. This movie also gave the viewer a hope that love could prevail above all else. In an argument about how there are still movies made that have these same values, a great story plot line that whisks the viewer into another world and a cast of unforgettable characters one could look at the movies ET and Mullholland Drive. ET was released in 1982 and again introduced the viewer to ET and the wonderful family that allowed him to be at home in their home. The movie brought hope to many that all people could be accepted and that no matter how different one was there was a way for them to be able to gain such acceptance. Mullholland Drive also used some of these same key factors although it was released years later in 2001. This movie’s plot was a bit difference and rather than giving hope about a life that could possibly happen it instilled some fear in people about what could possibly happen if luck were to strike one the other way. However the movie was a great a film that incorporated many different aspects of film technique and it also left a memory in the mind of the viewer as David Lynch (the film’s producer) was able to portray such a real portrayal of life. When looking through movies that are from the different time periods of the American cinema it is easy to see that the times and what is going on really do affect the movies that are popularized and remembered as being part of the time period. These movies depict both current things that are happening as well as looking at the historical events. In 1949 The Sands of Iwo Jima was released and quickly became a popular hit and movie and yet is another movie that has continued to be viewed by audiences over the past six decades. This movie was a portrayal of a group of U. S. Marines that were in a battle in World War II. In light of the times the movie was a portrayal of a part of the world that was unknown to many of the people who were living in the United States. Some more modern movies, although maybe a bit more far fetched, have also looked at the times and what is going on and have drawn their conclusions from these themes. One of these movies was 1999’s The Matrix. This movie was released during one of the largest technological booms that the country has seen. This movie portrayed aspects of the new forms of technology and what could happen if the world continued to grow technologically more advanced. Another movie that looked at problems associated with modern times was Sin City which was released in 2005. This movie looked at the world of crime and organized crime as it has been able to advance in more modern times. Another way that the cinema has been upheld is through the ways that values and beliefs have been portrayed through the movies of the time. Obviously through modernization there have been changes in the way that beliefs have been looked at but through the cinema these beliefs have been marked for all future generations in great pic time pieces that look at the things that are involved. This topic of values, although still portrayed in films has changed greatly. In 1959 Ben Hur was released and it promoted the standard values and beliefs of Christianity and the morals that are portrayed in The Bible. This movie was portrayed in this way as the majority of the country upheld these same beliefs and values. In the 1970’s the morals of the Untied States were changing drastically. By looking at films and the portrayal of interest in organized crime and more cynical events, as evidenced in 1972’s The Godfather, one can see that although the morality and the values of the country were still being upheld they were changing and the films were changing to meet the demands and interests of the people at the time. Much later in 1994’s Pulp Fiction, there was still this profound interest in crime and the ways that organized crime has been ran only there were much less morals in the overall themes than there had been previously in film. This is due in part to the continued evolution of change in the morality of the citizens of the United States. There have also been monumental portrayals of creativity and imagination in the movies that have been portrayed throughout the times. There have been different types of creativity and imagination has evolved but these features have given the viewer a place to escape to and somewhere that they would like to travel by watching the films over and over again. In 1965’s The Sound of Music, one is led into a world where a wonderful nanny moves in with some rather obnoxious children and learns how to befriend and be able to do her job through the magic of music. This movie whisked the viewer away to another place and led the viewer to hope that he/she was able to have that same type of sing-song wonderful life. In 1999’s The Blair Witch Project a group of college students decided to get creative and make a movie that would end up making them millions. This movie did focus a bit on the mythical belief that there could be modern day witches or members of the occult in the world around the viewer. The film was creatively filmed in a manner that led the viewer to believe that it was a work of non-fictional filming and that the events that were happen on camera were really happening to the actors. Another great portrayal of creativity has been in The Polar Express, released 2004. This film was the cinematic portrayal of a classic children’s book that was meant to show the viewer the wonder and mystery of Christmas and Santa Claus. All of these films used creative elements and things that the viewers could appreciate and that would add a little bit of mystery and fun to the viewers’ lives. In conclusion cinema has changed and evolved over the years. Although there is no way to say that cinema has ended as it was once known. Films are still portraying the same types of things as they have in the past. There are the films that are portraying a story line and are meant to whisk the viewer away, films that are looking at historical events and evolvement, films that are looking at the values and morals of the time period in which they are created, and films that are used purely to induce imagination and creativity. It is absurd to think that there was not supposed to be any type of evolvement in the world of film however it is also absurd to think that this has to be a negative thing and that it has to end the world of cinema or film as it was previously known. Therefore it is logical to disagree with Jon Lewis’ thoughts on the world of cinema changing in a negative way.

Wednesday, October 23, 2019

Interview a Healthcare Leader Essay

My background and role in the interview was to determine what it takes to be an effective leader. The central issue to understand before conducting an interview with any subject is to ask oneself these following questions. They include, who is this subject? What does he or she do? How does he or she work and what makes them who they are? Asking these questions also are important when one is conducting an interview with a leader of a health care setting or an organization. I as a restorative coordinator in a health care setting wanted to conduct an interview with a health care leader to understand what their role is in the daily operations of a health institution. I had some objectives, and they included, to find someone who had a hand in various projects within a health organization, a person involved with quality improvements, a person who implements ideas and a person who is involved with evaluating different health outcomes. I also wanted to interview a person who had enough staff members working under them. After considering these objectives, I made a decision to interview the director of nursing (DON) in my place of employment. This is a lady responsible for most of the clinical operations that occur on a daily basis in the health care institution. As I conducted the interview, I wanted to find out her personal philosophy of leadership, and her professional interactions with staff members including doctors, other health care managers, staff members and other auxiliary personnel involved in the health care institution. The director of nursing leadership style and some of the major financial, ethical, clinical, administrative and personal challenges involved with leadership would be discussed. Finally, the DON’s mentor if any as she aspired to become a leader and her advice to me to become an effective leader would also be discussed throughout this paper. Who is a leader? After an informal introduction of the reasons why I wanted to conduct an interview with her as the director of nursing, I asked the number one question, â€Å"Who is a leader†? She stated and I paraphrase â€Å"a leader is basically a person that does everything. According to Sullivan and Decker (2009), â€Å"a leader is a person that uses interpersonal skills to influence others while trying to accomplish a specific goal through means of flexible repertoire of personal behaviors and strategies† (p. 45). A healthcare leader is a person in the health care profession with or without a specific job title, and uses that role as a leader to affect change through various means. I waited for the DON to provide more detailed response of a leader, she stated, â€Å"well follow me around for a day and see what I do and this would give you an idea of what a leader does†. Those statements by the DON lead me to finding out about the important qualities and characteristics of a leader. Important qualities or characteristics of a leader. I began my day of following the director of nursing, by observing a morning meeting that she leads on a daily basis called â€Å"Stand-up†. She invites heads of different department to give a daily report of the previous day’s operations. During this morning stand-up meeting, I observed some qualities that I think make a person an effective leader. First, listening to other peoples’ ideas and providing suggestions on how to improve patients’ care and outcomes is a hallmark of an effective leader. From observation, I was able to see firsthand how the DON listened to different people in the meeting. Expectation of feedback from staff members is another characteristic of an effective leader. During the meeting, the DON requested feedback from staff members whenever an idea was brought up. She offered her opinion and requested other peoples’ opinions on different topics. For instance, an idea was brought up during the meeting on how to decrease the number of falls among dementia patients. The DON requested every concerned department to provide a proposal on how to accomplish that task. She also set a deadline for the proposals for the following day. Other qualities of a leader include finding ways to affect change. Some of the ways include, introduction of ideas, creation of new policies and procedures, helps with changing existing policies and helps with implementation and evaluation of outcomes in a health care setting (Collinson, 2006). Personal philosophy of leadership. Leadership is viewed by people in different ways. A person’s idea of what makes a great leader may be different from others. So the next question I asked the DON was what her views were of leadership in healthcare and what roles leaders play in making sure that tasks are completed effectively, institution policies and procedures are followed. The DON proceeded to discuss her leadership style. She stated that she does not believe in using only one leadership style because every situation is different. The director of nursing provided me with examples of when she uses different leadership style. For example, she usually uses a democratic leadership style whenever she wants other staff members to have an active role in task completion. She uses transformational leadership style when issues are more complex and needs more inclusion of inspiration from a leader. For example, if an issue of an ethical nature comes up, transformational leadership style is used. She also stated that her leadership views are evolving because she sometimes makes mistakes when dealing with staff members. Learning experiences in her personal development as a leader. The director of nursing’s learning experiences over the years as she became a leader in health care included mistakes she made over financial and personnel issues. One of her most poignant one was that she mistakenly fired a staff member as a result of someone else’s lies. She did not conduct a thorough investigation over the issue before she fired the staff member. As a result the health institution was sued for illegal termination. The case was settled, but she was taught a lesson of how to conduct a detailed investigation of issues before taking actions. How leadership in Nursing is evolving today. Leadership in nursing today requires extensive educational background. In previous years, a registered nurse who has practiced for a long time can become a manager on a unit and even head a whole department. In recent times, the more education a nurse has, the more important he or she becomes. Not to say that it is a bad thing, but sometimes experience trumps education. The DON I interviewed is a master’s graduated nurse of three years. She stated that she wished that she had more experience before taking over a leadership position because it was a steep learning curve for her. Challenges in her current position. Some of the challenges involved with being a leader described by the director of nursing include dealing with different egos in the workplace. She stated that one of her pet peeves in this position is that no matter how much she tries to act cordially toward some people in the work place, some staff members just want to make everything difficult for her to manage. Other challenges include trying to get staff members to adhere to rules and regulations of the health institution. Some staff members as the DON stated find it difficult to follow instructions, so her challenge is to come up or elicit ideas from people on how to make staff members adhere to the policies established. The DON’s mentor and her advice for someone aspiring to be a healthcare leader. As the director of nursing described during the interview, her mentor was the previous director of nursing in the same health institution before she retired. She learned various leadership techniques and strategies from the previous DON. She learned how to communicate with staff members and how to encourage others people to work together as a team. In terms of her advice to me as someone aspiring to be a leader in healthcare, she stated that, I should make sure to act with integrity in everything I do as it pertains to my job description. Her reason for this is that, staff members respect and work for any leader or manager who acts in an honest way. She also stated that I should treat everyone in an equal footing because perception is often times reality for staff members who may think that some staff members are treated differently from others. Conclusion Conducting an interview with a healthcare leader was a learning experience for me because of all the renewed understanding of what it takes to be a leader. â€Å"Leadership encompasses a holistic focus on shared processes, structures, and culture† (Hanson, & Ford, 2011, p. 284). I came to understand that being a leader can be rewarding as well as a difficult challenge for people. I also learned that being a leader is not for everyone, because of the physical, psychological, social, and intellectual requirements that are expected from a health care leader.