Monday, September 30, 2019

Odyssey and Brother Essay

Specifically, three parallels surface in the discussion of the similarities between Homeris classic epic and iO Brother Where Art Thou? The Cyclops encounter for instance, is transcendent between both works. Furthermore, each story contains a comparable perspective of the Lotus Eaters. Finally, the strongest parallel between the iOdysseyi and iO Brother, Where Art Thou? i is the mystical call of the Sirens and the powers of the witch goddess Circe. The Cyclops encounter is transcendent between both works. The Cyclops, in the iOdysseyi and iO Brother, Where Art Thou? i has obvious physical traits that connect the two pieces of work. The Cyclops in each story is a large man, who only has one eye. One website describe the Cyclopes race as, ia rough and uncivilized race of one-eyed giants. i(Spark notes p1) Odysseus describe the giant as, i A prodigious man who slept in his cave alone, and took his flocks to graze afield—remote from all companions, knowing none but savage ways, a brute so huge. i(Wilkie p378) The encounter of the Cyclops shows a great similarity in both of these stories. Odysseus, the main character of the iOdysseyi and Ulysses, the main character of iO Brother, Where Art Thou? i are taken from of state of tranquility and savagely attacked. As described by Odysseus, iSo there all day, until the sun went down, we made our feast on meat galore, and wine. i(p 377) This quote describes Odysseus and his men relaxing and enjoying a feast. Quite similar in iO Brother Where Art Thou,i Ulysses was enjoying a picnic when the savage Cyclops attacked him. When Ulysses and Odysseus were about to enjoy a peaceful day they are overtaken by the Cyclops either imprisoned or robbed. Both Ulysses and Odysseus mentality of a warrior allows them to fight back and eventually defeat the Cyclops. In each story an attempt to blind the creature offers a distraction for each character to escape from the Cyclops. Secondly, each story contains a similar perspective of the Lotus Easters. When you eat the intoxicating fruit of the lotus, as described in the Odyssey, the thought of home, purpose of voyage, and memories of the past are no longer important. Odysseus and his men arrive at the land of the Lotus-Eaters and become addicted and drawn to the fruit. They are so leered to the fruit, that it becomes a mindless obsession. iO Brother, Where Art Thou? becomes parallel to the story of the Lotus-Eaters when Ulysses and his men are baptized. Websteris dictionary defines baptism as, ithe Christian sacrament of sin and spiritual rebirth as a Christian. i Both the iOdysseyi and iO Brother Where Art Thou? i describe a rebirth and new thinking. The things of the past are no longer important. Rebirth of the soul and becoming filled with the spirit are identical to the intoxication of the f ruit. Therefore, the producers of iO Brother, Where Art Thou? i are describing baptisms as a new beginning and new thought, then comparing it to the lotus eaters of the iOdyssey. i Finally, the strongest parallel between the iOdysseyi and iO Brother, Where Art Thou? i is the mystical call of the Sirens and the powers of the witch-goddess Circe. This parallel is the strongest element of comparison because it is very similar how each story describes the Sirens. Odysseus is told in the iOdyssey,i iSquare in your shipis path are the Sirens, crying beauty to bewitch men coasting by. i (p 421) Both Ulysses and Odysseus use wax to avoid the Sirens. Ulysses hair smelling of wax, (hair wax) and Odysseus instructing his men to put wax in their ears is enough to avoid the Sirens seductive song in each story. Avoiding the Sirens allows both Ulysses and Odysseus to continue on their purpose of journey, to get home. Another striking similarity is the witch goddess of Circe. In the iOdyssey,i Circe turns one of Odysseus men into a pig. Parallel to the Homeric epic, one of Ulysses men was supposedly turned into a frog. These two strong parallels sum up an obvious influence of Homeric work in iO Brother, Where Art Thou? i The movie iO Brother Where Art Thou? i is strikingly similar to Homeris iOdyssey,i in both plot and character description. Specifically, three parallels surface in the discussion of the similarities between the iOdysseyi and iO Brother, Where Art Thou? i The Cyclops encounter for instance, is transcendent between both works. Furthermore, each story contains a similar perspective of the Lotus Eaters. Finally, the strongest parallel between the iOdysseyi and iO Brother, Where Art Thou? i is the mystical call of the Sirens and the powers of the witch-goddess Circe. Thus, we find the modern film depiction of the trouble of a man during the depression is being shaped by the ancient struggles of Odysseus in Homeris iOdyssey. i

Sunday, September 29, 2019

An Experience to Forget?

As the bleary clouds gradually pulls away from one another the illumination that emanates from the radiant moon becomes clearly visible. The murky vapour, about half an hour previously, which gave the impression that it was embodied into the fabrics of the environment created a clouded screen which impeded the vision of the distanced scenery. This gradually vanishes as light from the moon brightens the region. The adjacent meadow next to me is a prevailing feature in the nearby area: each blade of grass is discrete, sharply defined and glazed with a thin layer of frost; mixed into the turf are faint patches of bronze coloured crops and behind this are rows of shrubbery which are tinted a shade of green. Encircling the pasture are birch trees. Devoid of any leaves, leaning to the side and seeming pale and slender they appear like gaunt skeletal palms that were reaching out for an unknown, mysterious purpose. The peacefulness of the night, almost instantaneously shatters as a storm erupts. A torrent lashes down at a high speed ricocheting against the jagged path which stretches out through the middle of the meadow. The rain is vigorous and scourges my already cold body. My situation had been just about bearable several hours previously when it was slightly more temperate and still daylight. However as the darkness set in I could only stumble, falling occasionally on sharp rocks and unrefined pebbles, which left me with painful injuries. The piercing chill of the night makes me reluctant to attempt to find authorities in the deserted Dartmoor country or even to leave from the tattered ‘camp'(if you could even name it that), which I have very shoddily and quickly created in order to protect myself from these surroundings which are very unaccustomed even wild to me. This landscape is littered with unusual greenery and wildlife which are so different to my home region of Southern Italy; in fact I already have had an unpleasant reaction to a plant which has left my wrist turgid and swollen. Surely you must be wondering how I ended up in this condition? The truthful answer to that question is that it is unclear even to me. Back in Italy many people gave me pleasant reports about the captivating scenery in Dartmoor and the enjoyment they had on an expedition here. Since I am a person who is fascinated by quaint landscapes and relaxed adventures, I could not resist the temptation of being here myself. This morning when I first set out on the excursion the weather was reasonably pleasant although slightly chilly. However, while in the middle of my hike at about two or three o'clock, the ambience slowly became increasingly unpleasant after about an hour there were near gale force winds which I can only describe as wrath from heaven itself. I was dehydrated. My head was throbbing. I lost control. Screaming what I thought would be last words, I cried: â€Å"What have I done to deserve this!? † I think I may have fallen unconscious but the experience was all a bit ambiguous and unintelligible. I felt confused and lost, I tried looking at my map but I was feeling so dizzy I could barely interpret it. Despair. Complete despair are the words that can best describe my situation, I feel confounded, lost in an environment which I am not used to and one that I realise that I am helpless to do anything about it. Crouching down and hunching in a torn sleeping bag, as I peer around, I can faintly hear the close-by river in the background of the storm and the rumbles of thunder. The gentleness of the sound in comparison to my surroundings and its flowing water soothes me and it brings me back to my joyful infanthood in the picturesque, awe-inspiring Italian summer. In the bay of Naples, the majestic sun could be seen gloriously rising above the horizon. As the day steadily grew hotter the radiating light brightened the cold, grey sky into a vibrant yet soothing cyan. The sun created a mesmerizing mirage which shimmered into the depth of the nearby ocean. Slowly the earth and creation were coming out of hibernation and into life. There was a feeling of awe in the atmosphere and a sense of the start of something sensational. The sand along the shore was glistening in the heat of the sun. Encompassing the sea-side were smooth pebbles and a variety of shells with vivacious colours and different sizes. I can remember one shell in particular attracted attention, it was coloured a delicate beige but with strands of deep purple embossed with particles of golden sand, at one end it appeared as if it were an enthroned King with an elaborate crown with glossed decorations. The other end was dominated by a curved abyss embellished with an exquisite magenta. The Atlantic Ocean, which was exceptionally tranquil that morning, sparkled in the distance. Its waters gave the impression of an everlasting quantity, yet it still appeared inviting. It created a wonderful sea breeze which gently brushed against me; there was also a salty aroma which had a sense of authenticity to it. The delicate, enchanting sound of the sea brushing against the shore's numerous boulders and stones soothed me and made feel almost at one with nature . In my home town beyond the shore of Naples, there was emerging from the distance, scattered clusters of people. A faint scent of Mediterranean cuisine was arising from the local cafis and restaurants, within an hour there was an energetic buzz within the region. In my minds eye I could still see the pier extending about twenty metres out into the depth of the sea. On it were several ornate amusements, which were garnished with lively colours ranging from a royal blue to pale green. There were echoes of ecstatic friends of mine; we relished ourselves in the opportunities of excitement available on the pier. Behind the pier was a magnificent Merry-Go-Round, it was laden with a rich diversity of colours and it was adorned with pretend gold and jewels. Next to this was a colossal Ferris-Wheel which surpassed any other altitudes in the area. In contrast, aligning both sides of the platform, were fishermen who practiced their profession with an eerie sense of separation from the rest of the people and seemed to be in solitude. As midday approached a restaurant serving local fish would begin to make preparations for lunch and there was always a delicious odour of roast haddock tainted with a lavish honey fragrance oozing out from the building. The locals would flock some around the restaurant anticipating the delights concealed within. Appearing to become even colder the winds increase in speed, the effect of the weather becomes even more drastic upon me and penetrates through my layers of clothing. Suddenly the weather awakens me from my dreaming and brings me back to reality. As I reflect upon the memory I realise combining all these subtle, minute elements in the environment has made that summer exceptional and close to my heart. Although perhaps my former self was oblivious to all these intricate details, one can look back from an age of maturity and truly appreciate these events. When remembering that event my morale seems to lift, even though my current situation is one of desperation, the pleasant memory satisfied my soul and gave me happiness from within. The rainfall also seems to become more intense and I feel as if I am about to catch pneumonia. As my suffering increases so does the desire to be consumed in a recollection. As I find myself drifting off again, I see myself in my mid-adolescent years; I remember thoroughly preparing for examinations which allowed me to graduate from middle school. At that time The Victoria Park was my refuge. This was an outstanding place, an oasis in the middle of a desert because its beauty contrasted so much to the bleak urban settlement that surrounded it. Its splendour radiated a sense of awe and it gave all the inhabitants of the close by town a sense of pride. In comparison to its dreary surroundings the park was picturesque and inviting. The grass was crisp and freshly moist with the morning dew. The trees, which were shaded in a deep, rich mahogany, overshadow the park; so the bright, harsh rays of sunlight did not spoil its delicacy. I could hear the soft flow of water from the stream gently brushing against the smooth pebbles in the distance, as the wind delicately whistled past me. As I revised for my exams, the peace it emanated had a unique quality of tranquillity and peace that was incomparable to anywhere in my home-city. As I result I passed the tests with flying colours. Eventually, I am motivated enough to attempt to rescue myself, thanks to the pleasant reminiscences that uplifted my spirits. I am determined to succeed even with missing equipment, I refuse to let the situation fall through my fingers. Focusing like I have never done before in my life, I worked out where I was on the map by looking at my positioning in comparison to the stream and a landmark I could make out in the distance. I have I all the inclination necessary to return back to civilisation. .Perhaps this is an experience I would rather forget†¦ or possibly I should encourage others that is absolutely vital to keep all your experiences close to you maybe you will rely upon them one day just like I have.

Saturday, September 28, 2019

Harmonic Motion-Elastic spring Lab Report Example | Topics and Well Written Essays - 250 words

Harmonic Motion-Elastic spring - Lab Report Example The plot resulted in a straight line that was used to determine the elastic constant of the spring and its accuracy based on the slope. In this harmonic motion experiment, the spring oscillated up and down with amplitude and a time period measured as t. The theory underlying the phenomenon being studied here was that of Hooke’s law for an elastic spring (Wilson & Hall, 2009). In setting up the experiment, a spring, set of weights, a stand and timing mechanism were used. In releasing the weights, and starting the oscillations, an electromagnet was used. The procedure was to connect the weight to the spring and power the electromagnetic with the metal weight sticking to the electromagnet, and when the button is released, oscillations started. The hypothesis was that there is a dependence period in the mass of the oscillator. This is proven given that, with the addition of extra mass, the time increased from 8 in the first experiment to 12 in the last experiment. Averagely the time increase from 0.76 to 1.2 in the last experiment. This proves the null hypothesis that time period is dependent on the mass of

Friday, September 27, 2019

My single father Essay Example | Topics and Well Written Essays - 750 words

My single father - Essay Example When I was nineteen, I came across one such situation. I always had strained relations with my father. We never got along very well. I felt that my father despised me. Anything and everything that I did was an insult and problem to him. He never wanted to listen to me or look at me. We never had a normal relationship that a child has with his father. 26th November 2010, my grandfather passed away. It was a dull, gloomy and a lonely day for me. I was inside my hostel when my younger brother called me and informed me that our grandfather had passed away. I had to leave for my father’s house so I drove hurriedly. I came along with a bouquet in my hand. It was the first time in my whole life when I saw tears in my father’s eyes – he was just like a helpless person. Never had I seen my father so stressed, depressed, and aggressed. I went into the room where my grandfather slept still and silent and beside his corpse was my father sitting stunned. I entered in and plac ed the flowers near my grandfather’s corpse upon which my father looked towards me. I could see helplessness in his eyes. My dad held me by the arms and pulled me towards himself and hugged me tightly as if he did not want to leave me ever again. The day passed and my grandfather was finally buried in the graveyard. My father forced me to stay the night at his house. Later that night I was unable to sleep so I came out of my room and went outside. I sat on a bench. Approximately 5 minutes might have passed and my father came out and joined me. He had two mugs of hot chocolate in his hands. He came and sat beside me. He handed me a mug and said that he still remembers that I loved hot chocolate. He kept one of his hands on my shoulder and it felt like he was not my father but a very dear friend of mine. He told me that he was sorry for happened in my childhood. He gave me a very valuable lesson that I can never forget. That night it seemed like my father had changed his stance from a father to a friend. He told me that there were thousands of things that he wanted to tell my grandfather but could not share with his father. He told me that when he saw his dead father he wanted to complain his heart out to him but he could not as it was useless and pointless. He told me that his father always treated him the way he treated me. He did not intend to do so but his experiences as a child made him a heartless man. But today he had realized that it was useless because of the damage it had caused to a father-son relationship: It was completely futile. He realized that his young days were over but ruining my days will do no advantage to him. He told me stay as I had not seen him since a long time. He assured me that we will live like a happy family. After all, I was one of the few close people alive; my mother and grandparents had already passed away. I could see that my father had realized what had been done wrong. It was time for me to understand and make things better between us. This day has been a memorable one, not because I had lost my grad father but because I had revived one of the most valued accords – one’s relationship with his father. I realized that my father loved me and he had brought me up very well despite his hard

Thursday, September 26, 2019

Write a policy brief for the following client ..national government Essay

Write a policy brief for the following client ..national government officials on whether the rise in anti-politics sentiments should be of concern - Essay Example The political class has continuously accrued benefits at the expense of the people they claim to represent. To eliminate the rise of anti-political sentiments, the nationalism sentiments must be promoted through equitable distribution of resources. Self-serving politicians have caused the populace to develop a strong dislike for politics. The low political interest and anti-political sentiments can be overcome through intentional steps understand the needs of ordinary people. Therefore, politicians should take time to discuss with their policies with the public even when they are occupying powerful positions. It is recommended that politicians make policies through consultative processes. Structured decision making processes ease tension and reduce anti-political sentiments. In many parts of the world, people have been developing disenchantment from politics. The persistence in alienation has been increasing. According to Hansard -Audit of political involvement-, the start of the 21st century assessment indicated the desire of the British people to have meaningful and significant improvement in the government and political systems. Over six out of ten Britons had little or no faith in the political systems. An increasing number of people have lost confidence on the political system. This has been clearly seen through the desire to have an overhaul of the electoral system. The focus has been to make a system that is inclusive and reflective of the needs and desires of the people. Political participation by citizens is a multidimensional issue. The rise of anti-political sentiments has been stirred by poor governance and insensitivity from the leadership. There is a dire need to develop policy that encourages inclusiveness and political equity (Hansard So ciety 2011, 17). There are calls to increase and develop the political capacity of the citizens and to establish new politics that respect with concerns of the

Wednesday, September 25, 2019

Critically review and reflect on the reasons why organizations are Essay

Critically review and reflect on the reasons why organizations are using Project Management to achieve their strategic objective - Essay Example Many organizations term project management as a pre-requisite to meeting the strategic objectives. And before approaching any strategic aspect, it is being ensured that project management rules and been followed and project management structure is in place. It is commonly seen that projects often fail due to improper implementation of project management scheme (Morris & Sember, 2008). While scenarios where project management was implemented to the full, have mostly insured success. Project management is a separate discipline in itself and has a list of activities and procedures to it, along with the tools and techniques that help in making the task easy. The importance of Project management in modern times has been more than ever before and for this reason, nearly all organizations have project management scheme in place. Project management in other words is defined as all those actions, strategies, tools and techniques that lead to achieving the strategic objectives (Tonnquist, 2009 ). Strategic objectives on other hand are defined as those factors that impact the organization and its entities in a direct manner. These can be met through clear definition of the elements that contribute towards their accomplishment. These elements are namely, clear and focused vision about objectives, presence of communication channels, work break down structure, assigning of roles to the suitable personnel, making sufficient use of the resources; prepare a plan for the emergency situations. Focus on objectives: One of the most important factors any organization needs to take into consideration is the clear vision in terms of the goals to be achieved. Deviations are expected any time during the project and organizational activities, with help of clearly defined objectives the chances of deviations can be reduced. Before emphasizing on the need for project management, it is vital to understand and define the elements that constitute strategic objectives. Strategic objectives can be in terms of the overall productivity, budget allocation, social factors, the proper relationship establishment with the stakeholders, maintaining the communication channels, individual personnel that are of high importance to the organization, hence all those factors that have an impact on final result. Customers Aspect: Customers hold the key to the success and failure of any organization. Their response can turn an organization either way. Customer satisfaction is a universal strategic objective that is the front line desire of almost every organization. Meeting the customer demands requires proper planning. The field of project management provides ample guidance towards customer satisfaction (Kerzner & Sponholtz,pg 23, 2007). The scope of project management is very vast and it makes up for an entire discipline, it has few basic elements namely: Planning Organizing Controlling Staffing Leading Every organization needs the above mentioned elements to be in place in order to meet their strategic objectives (Weihrich & Cannice, 2010). Co-relation between planning and Organizational Effectively: A co relation can be established between the organizational functions and project management in many aspects. Planning is one of them. Organizations need planning to be in place while project management provides guidelines for achieving this planning. A famous saying goes about planning that â€Å"Failing to plan is planning to fail† (Hess, et al., pg 454,2011), under the principles of project manage

Tuesday, September 24, 2019

Excavation of an early Christian catacomb- Catacomb of Priscilla Research Paper

Excavation of an early Christian catacomb- Catacomb of Priscilla - Research Paper Example One of the most phenomenon paintings presents the oldest-known image of Mary the mother of Jesus. The image depicts her nursing the Infant Jesus. This painting that emphasizes on the Key figure in Christianity-Jesus-clearly explains the significant role of Jesus in the Christian history. The significant of the image is that it gives an idea that Christianity has been in existence as early as the 2nd century. This gives confidence to Christians of the existence of their faith based on the painting that were created very many years ago. Further, the painting of Jesus and her mother serves as an evidence of some biblical perspectives. In this case, the painting can be taken to represent some fact as the artist who put together the piece of art must have been existing during the time of Jesus. The catacomb of Priscilla also has a depiction of the Annunciation. The piece of art in the catacomb explains the incident of the announcement of the manifestation by the angel Gabriel to Mary the mother of Jesus. The piece of art is represented as a ceremony festival commemorating this incident. According to the painting, an angle is seen appearing to Mary to make announcement of the birth of Jesus. Similarly, this piece of art found in the Catacomb of Priscilla is significant as it gives confirmation that the incident took place according to the records in the Bible. Art, being a reflection tool in the society, clearly shows that the story of Jesus was very much told during the time. The societies in the 2nd Century totally embraced the Kingship of Jesus and hence the many art work on the subject, (Neiman 15) In our societies today, every person is looking for proof and evidence on various incidents that are explained in the Bible. As such, various sections of the Bible have been challenged by scholars and philosophers concerning their

Monday, September 23, 2019

Political Humor Essay Example | Topics and Well Written Essays - 1500 words

Political Humor - Essay Example While satire and humor are usually meant to be funny, their greater goal is to offer constructive criticisms through performing arts, graphic, and satirical writing and speech among other ways. This paper will analyze the article from the US-based satirical news website â€Å"The Onion†, titled â€Å"Mexico Killed in Drug Deal.† It will analyze the piece using four different approaches to studying humor: superiority theory, incongruity theory, relief theory, and benign violation theory. It will then discuss the best approach that explain the different jokes in the article, and finally comment on whether the article is funny and if it is effective as political humor. Contemporary philosophers have developed main theories of humor. The first one is the Superiority Theory which holds that the humor that we find in life and comedy is majorly based on ridicule, where the object of amusement is regarded as inferior and we regard ourselves as superior. This theory explains tha t the object of laughter is ridiculous and that the ridiculous is others’ self-ignorance when they have a belief that they have wisdom (Morreall 36). This is reflected in the article where Mexicans are regarded as inferior as they are all killed during a shoot-out between rival drug cartels. The U.S Drug Enforcement Administration is perceived as being superior as they are the one in control following the â€Å"death of Mexico† (The Onion). Humor, according to this theory, is as a result of feeling of pleasure at seeing others suffer a misfortune after being deluded by their own wisdom (Bardon 2). In this article, humor arises from the misfortune suffered in Mexico where all people who were present in Mexico at the time of the shoot-out died (The Onion). Superiority theory regarding philosophy of humor further argue that laughter arises from seeing those who hold power in society being ruled by emotion and desire and therefore are tempted to abuse power and make bad de cisions (Bardon 2). This aspect is well depicted in the article where Felipe Calderon, the Mexican President is gunned down by passing drug dealers as he declares the state of emergency at the podium. This theory also holds that a passion of humor arises from sudden glory as a result of sudden eminency conception of certain persons; in other words, humor is basically found in that which seems inferior to people, and that which makes them to have the assurance of relative superiority (Bardon 3). The U.S. drug dealers have a sudden conception of eminence as demonstrated at press time where they assure the American public that they would ensure that the vast supplies of marijuana that Mexican cartels left behind reach the intended consumers (The Onion). The critics of Superiority Theory argue that there are many experiences that might make people feel superior but are not amusing. Therefore, some philosophers have developed a different and radical account of the comic, which states tha t humor is primarily found in an intellectual recognition of a ridiculous incongruity between experiences and ideas that are conflicting (Cohen 44). This account of humor falls under the incongruity theory which states that the cause of humor is the bringing together of contrary ideas, images and some resemblance in the grand idea (Bardon 7). In the article, this is demonstrated by the death of all the Mexican citizens within a very short period of time (The

Sunday, September 22, 2019

Sales and Marketing Tourism Report Essay Example | Topics and Well Written Essays - 1250 words

Sales and Marketing Tourism Report - Essay Example There are decorations in the Edwardian style: chandeliers, specially commissioned hand- painted woodcarvings and furnishing, rich fabric, Persian state of the art rugs, sophisticated designer furniture and brass – railed quality staircases (Kerin, 2006). There is awesome comfort in the 459 rooms. The rooms are divided into 294 pleasurable standard rooms, 17 luxury suites, 101 fantastic deluxe rooms, and 47 classic single rooms. It won’t go unmentioned that Radisson Edwardian Heathrow has received awards as its Henley’s AA Rosette serves the modern British cuisines with high quality native ingredients and Brasserie cafe that offers a more informal choice of drinks and food alike. For instance, on March 25 – 27, 2005 Radisson Edwardian Hotel hosted a â€Å"Dawn of the Dead† convention. Similarly, on March 21 – 24, 2008 a Science Fiction Easter Convention was hosted in the hotel (Bodenberg, 2002). In the analysis of the macro environment of Edwa rdian Heathrow hotel, its essential for the identification of factors that may in the event have an influence on a number of variables that may affect the company’s demand and supply levels and the associated costs(Bodenberg, 2002). The PESTLE analysis is among the checklist that is a mere framework categorizing the environmental influences as political, economic, social, technological and legal forces. The analysis examines the impacts of each factors and their interplay on business in effect to Edwardian Heathrow hotel. Pestle analysis is the strategic tool for an in depth comprehension of decline and growth, the position of business, potential and operations directions. This outcome can be used to take advantage of opportunities and structure contingency plans for presumed threats when designing the business and strategic plans ( Kotler & Makens, 2006). To start with, we shall take an analysis of the political environment. The elections of the country in England take place in the stipulated duration and have an added advantage to Edwardian Heathrow hotel. The law on employment stipulates on the human resource policies on workers remuneration and terms of employment. For instance, workers at the Edwardian Heathrow hotel have their pay on time though they work tirelessly to the satisfaction of the customer needs. There is great protection of the consumer by our company to ensure that he is not exploited in terms of price and services offered to requisite standards. The environmental regulations of the country are followed to the latter like, air and water non-pollution. The company has ensured that there is safe collection, storage and treatment of its waste (Oeklers, 2007). The industry specific regulations in the country relating to the management and operations of hotels are strictly adhered to by Edwardian Heathrow hotel. This is the reason for the many expansions that have beesn made by the company. The company conducts sophisticated checks and ad vanced investigations on its customers for efficiency to combat the fight on terrorism and warfare. In addition, there is a frequent check in the premises of the company for drug and substance abuse. The political trend in England of the king and queen has also positively ensured that services for them are always available. Secondly, the economic situation in terms of the economic growth trend is analyzed. The taxation system in the country is not to the detriment of Edwardian Heathro

Saturday, September 21, 2019

EC Law Essay Example for Free

EC Law Essay Part A Sonja is a temporary farm labourer of 16 years old. In the summer of 2005 she was hospitalized with sunburn got from working in the field without adequate UV protection according to the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive adopted by the EC. The Directive provides that the Member States should ensure â€Å"Sunblock and Sunglasses† to â€Å"workers in outdoor activities† within the meaning of the Directive. According to the independent arbitration scheme with employers set up with the approval of the Government by the Finnish Farm Labourers Union, Sonja, has brought her claim before the Arbitrator. Her claim requires that the Arbitrator interpret the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive. The Arbitrator considers that Sonja’s claim should be dismissed because she is not a â€Å"worker† according to his interpretation of the Directive, but merely an â€Å"apprentice† who does not qualify for legal protection. As provided in the independent arbitration scheme the decisions of the Arbitrator are legally binding and there is no right to appeal. According to the rules of procedure established by the instituting treaties of the European Communities for the Court of Justice of the European Communities, the Court’s jurisdiction is automatically mandatory in the areas expressly provided by the Treaties. There is no need for the Member States to accept this competence which means that the Court can be authorized by only one party, even against Member States. This also means that in the attributed domains by the treaties its competence is exclusive compared to any other jurisdiction. Article 234[1] (ex Article 177) from the consolidated Treaty establishing the European Community provides that: „The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a)  Ã‚  Ã‚  Ã‚  the interpretation of this Treaty; (b)  Ã‚  Ã‚  Ã‚  the validity and interpretation of acts of the institutions of the Community and of the ECB; (c)  Ã‚  Ã‚  Ã‚  the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.† In the case of Sonja, because the independent arbitration scheme set up between the Finnish Farm Labourers Union and the employers is conducted with the approval of the Government, to settle disputes regarding pay and conditions of work we can assimilate the Arbitrator with a court of law. The Arbitrator has an exclusive competence in this field. Moreover, he meets the requirements set up in the last provision of the Article 234, as set forth, because his decisions are legally binding and there is no right to appeal. This institutes an obligation upon the Arbitrator that whenever he has to interpret any act of one of the institutions of the Community he should raise a case before the Court of Justice of the European Communities. Therefore, before interpreting the provisions of the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive on the meaning of â€Å"worker† within the said act, the Arbitrator should have brought recourse in interpretation before the Court of Justice of the European Communities. The conditions for such recourse, as provided in the Article 234, are that: there has to be an open case brought before a national form of jurisdiction that has to request the Court, asking for the interpretation of an act of one of the institutions of the Communities. Because the Arbitrator did not open such recourse before the Court of Justice of the European Communities, Sonja has grounds for dismissal of his decision in front of a higher Finnish court of law through an extraordinary procedure. The dismissal can be decided only on procedural issues and not on the merits of the case because the decisions of the Arbitrator are not subject to appeal. In general, international jurisdictions are only competent to try states. They can not be used as a legal remedy by natural persons. However, the Court of Justice of the European Communities is accessible not only to the member states of the European Communities, but also, in very strict conditions to individuals, natural and legal persons. This provides Sonja with, yet, another alternative for her case. She can bring an annulment recourse before the Court. The annulment recourse is the possibility of the states, institutions of the Communities and natural and legal persons to challenge in front of the Court   a mandatory act issued either by the Council or by the Commission, and to be granted in certain conditions the annulment of the act. This is a way to control EU acts and their conformity with the instituting treaties. The provisions of the Rome Treaties show that there can be subjected to this form of recourse acts that are mandatory like directives and regulations, and in certain situations even decisions.   Article 230[2] (ex Article 173) of the consolidated Treaty establishing the European Community provides that: â€Å"The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-à  -vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. []† Usually, individuals are allowed to bring actions before the Court only in reference to regulations which directly apply to them and directly breach their rights. However, proceedings can be brought regarding a directive in situations in which it has the same effects on the individual.   The â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive directly infringes Sonja’s right to adequate protection for the type of labour she is doing and for the conditions in which she works by limiting the notion of â€Å"worker† to which it applies. With this limitation the Directive breaches the substantial provisions of the Treaty establishing the European Community. Regarding work, Article 13 of the Treaty provides that: â€Å"1.     Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.†[3] Therefore the principle of the prohibition of discrimination on grounds of age is laid down by an instituting treaty. It bears no difference that Sonja is only sixteen. She should not be discriminated against for this reason and not be considered as a â€Å"worker† under the Directive. The term â€Å"worker† is also described in many EU acts, including in the jurisprudence of the Court of Justice of the European Communities. The notion is wide and non-discriminatory, especially when considering a persons rights or the breach of these rights. â€Å"26. In accordance with the Courts case-law, the concept of worker, within the meaning of Article 48 of the Treaty and of Regulation No 1612/68, has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a worker. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration[4]† Moreover, the restriction on the term â€Å"worker† is in direct violation with the Directive No. 33 of 22 June 1994 on the protection of young people at work which applies to persons under 18 and provides that they should have suitable work conditions, â€Å"measures necessary to protect the safety and health of young people[5]†. In conclusion, the limitation of the notion of â€Å"worker† from the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive that prevents Sonja, because of her age and because she is a temporary worker to benefit from the proper work protection, is in direct violation of the instituting treaties, the principles on which the EU is based, the jurisprudence of the Court of Justice of the European Communities and basic human rights. This provides Sonja, although she is a natural person, with the active legal quality to bring recourse in annulment before the Court due to what she has suffered from the effects of this act. Part B The joined cases of Bernard Keck and Daniel Mithouard were brought before the Court of Justice of the European Communities as a reference under Article 177 of the EEC Treaty[6] by the Tribunal de Grande Instance (Regional Court) from Strasbourg (France), for a preliminary ruling in the criminal proceedings pending before the tribunal against the two. The Tribunal de Grande Instance has asked the Court of Justice of the European Communities to give an interpretation of the rules of the EEC Treaty relating to competition and freedom of movement within the Community. The Court has found that â€Å"Article 30 of the EEC Treaty is to be interpreted as not applying to legislation of a Member State imposing a general prohibition on resale at a loss†[7]. In the decisions of Keck and Mithouard the Court institutes certain principles regarding the measures that can be taken by states. Such a principle is the one stating that: â€Å"national measures which limit or prohibit ‘certain sales practices’ do not fall within the scope of Article 30[8], so long as they are applied to all those operating within the national territory and that they affect in exactly the same way, both in law and in practice, the marketing of national products and those originating from other Member States†[9]. The Court of Justice of the European Communities has subsequently interpreted the decisions in the cases of Keck and Mithouard on the matter of advertising, especially the vague formulation: â€Å"selling arrangements†. The decisions were applied and interpreted in connection to the way producers are able to market their goods and to the marketing strategies used by them. However, the two cases were exceptional interpretations of the Article 28, due to the circumstances and should have been regarded as such. On the contrary, this interpretation was widely extended by the Court. The extension has brought about the possibility of member states to impose certain restrictions in advertising. These restrictions were thought by the Court to be outside the scope of Article 28. Such measures cover fields like: â€Å"TV advertising and sponsorship of programmes aimed at children below the age of 12 being prohibited[10]† in Sweden, the advertising of toys in Greece which is time restricted, banns referring to certain kinds of toys in Germany and Denmark and so on. Goods that are considered â€Å"sensitive† are also subjected to banns even at an EU level. As an example there is the ‘Television Without Frontiers’ (TVWF) Directive in which there is stated that children should not have easy access to advertising for goods such as cigarettes and alcohol. Cases were brought before the Court with regards to such measures. Some decisions given by the Court find basis on its previous Keck and Mithouard decisions: â€Å"With respect to the free movement of goods (Article 30) the Court recognised that the ban on advertising could affect the free movement of the products advertised. It then referred to the Keck-Mithouard jurisprudence and ruled that a Member State could apply such restrictions if they were shown to affect in the same way, ‘in law and in fact’, the marketing of domestic products and of those from other Member States; were necessary for meeting overriding requirements of general public importance or one of the aims laid down in Article 36 of the EC Treaty; were proportionate for that purpose and that those aims could not be met by less restrictive measures†[11].   In conclusion, bans of advertising are considered to be in accordance with the Article 28 when they affect in the same way the marketing of the domestic products and that of the products from other Member States, they are necessary for requirements of general public importance and when less restrictive measures could not have been applied. Thus, the Court institutes the principle of proportionality that applies even if the ban has more serious effects on goods coming from other states than on national ones. Any state restrictions of the â€Å"selling arrangements†Ã‚   automatically affect access to the market contrary to what the Court has considered in the cases of Keck and Mithouard.   It is of course true that such restrictions provided in a non-discriminatory way do not infringe of the free movement of goods, but they do affect trade. Measures taken by states have to be â€Å"uncertain† and â€Å"indirect†, for them to fall outside the scope of the Article 28 and be regarded as breaches of the free movement of goods. The Keck case institutes a kind of presumption that certain measures taken by states, that fall under a certain category should be regarded as â€Å"uncertain† and â€Å"indirect† and therefore outside the scope of Article 28. This presumption is damaging in some cases. The measures should be analyzed according to the merits of each individual case and the effects they have in that particular case. Therefore, I believe that the cases of Keck and Mithouard affect the balance between state responsibilities and the free movement of goods. Bibliography: Consolidated Version of the Treaty Establishing the European Community (2002), Official Journal C325, Retrieved of the 10th on January 2005, Available at:   http://www.europa.eu.int/eur-lex/lex/en/treaties/dat/12002E/htm/12002E.html Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004); Judgment of the Court (Full Court);Case C-138/02; European Court reports 2004 Page I-02703, Retrieved of the 10th on January 2005, Available at: http://www.europa.eu.int/eur-lex/lex/Notice.do?val=287581:cslang=enlist=391912:cs,287581:cs,341893:cs,287498:cs,278038:cs,277710:cs,269338:cs,264078:cs,250808:cs,247148:cs,pos=2page=1nbl=18pgs=10hwords=work~worker~checktexte=checkboxvisu=#texte Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993); Judgment of the Court;   Joined cases C-267/91 and C-268/91, European Court reports 1993 Page I-06097, Retrieved of the 10th on January 2005, Available at:   http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML#DI    Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, Official Journal L 216 , 20/08/1994 P. 0012 – 0020,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31994L0033:EN:HTML Lolivier, Marc (January 1998), The De Agostini ruling and advertising regulation, Commercial Comunications Newsletter, Edition 10,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition10/page04_en.htm Stanbrook, Lionel ( October 1997), Childrens advertising, consumer protection and the country of origin principle, Commercial Comunications Newsletter, Edition 09, Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition09/page18_en.htm Statute of the Court of Justice (November 2005), Retrieved of the 10th on January 2005, Available at:   http://curia.eu.int/en/instit/txtdocfr/txtsenvigueur/statut.pdf Þorvaldsson,   Bjà ¶rn (2002), Keck and Mithouard,   Master Thesis, Master of European Affairs Programe, Law, Retrieved of the 10th on January 2005, Available at: http://www.jur.lu.se/Internet/english/essay/Masterth.nsf/0/585A26471860B6F6C1256BCD00730AAF/$File/xsmall.pdf?OpenElement Mollers, Thomas M.J. (February 2005), EuGH, Rs. C-405/98 v. 8.3.2001 Gourmet International Products, Faculty of Law, Augsburg University, Retrieved of the 10th on January 2005, Available at: http://www.jura.uni-augsburg.de/prof/moellers/materialien/materialdateien/050_eugh_entscheidungen/eugh_1998_405_gourmet_international_products_en/ Competitive Federalism and Market Access in the EU, Jean Monet Center, NYU School of Law, Retrieved of the 10th on January 2005, Available at:   http://www.jeanmonnetprogram.org/papers/01/012701-04.html [1]   Treaty establishing the European Community, Art. 234 [2] idem, Art 230 [3] idem, Art. 13 [4] Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004) [5] Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work. [6] Treaty establishing the European Community, ex Article 177 [7]Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993) [8] in the consolidated Treaty the number of the article has become 28 and it will be referred to accordingly [9] Lolivier, Marc (January 1998), op. cit. [10] Stanbrook, Lionel (October 1997), op. cit. [11] idem

Friday, September 20, 2019

Law and Criminality Perspectives

Law and Criminality Perspectives Laws are rules of conduct to guide all people; they are rules that can be enforced by a legitimate authority. More laws are made and enforced as our world and society becomes increasingly complex. Laws are basically rules of basic behavior and order written down by man as an attempt to help us all live together more happily and safely. Whether they are written or not, they are the basis for all societies, because without some form of agreement and co-operation between people, society would not exist. Most laws are for our own benefits and protection; they preserve public order and policy. Without laws, a society will be an anarchy, dysfunctional, full of chaos, injustice and immorality. Without laws, we would all live like animals in nature, each person pursuing ones own desires with no regard for the effects of his or her behavior on others and this would lead to suffering. Laws, in general do not try to limit the freedoms that people consider necessary, but rather to secure these freedoms by prohibiting anyone else from violating or robbing them. Laws prevent people from harming others, and do whatever one feels like to anyone else by setting punishments for those harms if they are committed. Another purpose of laws is to resolve disputes, since laws are consistence rules made to be applied in almost every situation. Though many of us do not need laws to guide us in everything we do, some others need very clear rules and boundaries to live by. Not everyone will agree or like ev ery law given, but rational people understand the need and purpose of laws. A crime is an act against the law and punishable by the law. Certain laws that exist would be considered by most of us as silly or unnecessary. Some of those laws are still enforced and may be even more enforced than other laws, because the government, often times makes a lot of money off of certain laws. There are usually so many laws from a government that if we were to read the whole list, we will probably be surprised at the number of laws we break on a regular basis without even realizing it. Most common examples are speeding, texting or talking while driving, littering, downloading music illegally and others.  [i]  Ignorance is one of the causes for people to break laws; it is however not accepted as an excuse. Desperation is another cause, someone who does not have enough food maybe driven to steal food, so people living in poverty may commit crimes as a way to survive. Many break laws out of greed and selfishness, for example committing fraud, theft or murder to gain what belongs to someone else deceitfully and unfairly. Others break laws out of malice, anger, jealousy or just carelessness. In general, the government of nations create and decide which laws to pass, as making laws to keep order is a part of governing. In the United States, laws are written and made by the Senate and the House of Representatives which make up the Congress.  [ii]  In Australia, laws are made by its parliament even though the country is a constitutional monarchy and has a queen.  [iii]  In Saudi Arabia, as one of the few absolute monarchies that still exist today, the creation and decision about laws are up to the king and his chosen ministers.  [iv]  Aside from laws of independent nations, there is also international law, which are laws guiding individual nations conduct and their relationships with one another, the international organization, the United Nations is responsible for this. The International Bill of Human Rights, which was first drafted as a common standard of achievement for all peoples is widely accepted as the list of rights that should be kept and respected by all states. Almost all countries that exist are members of the United Nations, and are obligated to respect the basic international human rights laws.  [v]  vi The International Court of Justice (based in the Peace Palace, The Hague, Netherlands pictured above) is the principal judicial organ of the United Nations. The ICJ settles legal disputes between states, who must agree to abide by the Courts jurisdiction before their case will be heard.  [viii]   There are different legal systems that are in use throughout the countries in the world, with three main ones. The most common legal system is Civil Law, which is the legal system of France and many nations that were conquered by France, including many countries of Latin America. In the UK, and countries that were colonies of the UK, including India, USA, Australia and many others, have legal systems which are based on Common Law. Common law is determined by judges, it can be applied to many different situations and it is more flexible. The Civil Law system on the other hand, is a collection of laws, they are not decided by judges or open for interpretation. Both systems have advantages and disadvantages. The third most common law system is religious Islamic law, which are enforced in Muslim countries, the Sharia and the Fiqh. This law is believed by Muslims to be directly from God and so cannot be changed by even a government or King.  [ix]   x Problems arise with different law systems in different countries. Examples of this are the cases of two British couples who were arrested and served jail sentences for kissing, and showing intimacy in public in Dubai, United Arab Emirates.  [xi]  According to the legal system of the UAE, what they did was indecent and offending behavior.  [xii]  Disputes arise as these couples were foreign citizens, and in countries where Islamic law is not practiced, it would be considered extreme to arrest or imprison people for kissing or displaying affection in public. Some other controversial issues surrounding different legal systems are: the one-child policy in China  [xiii]  , having a national dress code like that in Saudi Arabia, the capital punishment, executions by beheading, amputation of hands for theft, and others.  [xiv]  Torture, or other cruel punishments like amputation are prohibited by international human rights standards, but the punishments and seriousness of cr imes differ in different legal systems. This makes it difficult to judge a law or case fairly and morally. Practices, laws or policies such as controlling what people wear too strictly, harsh punishments such as death or amputation for crimes like stealing, or limiting the number of children a person may have may be viewed in an international perspective as violating human rights. The line between just and unjust in the legal systems we have today is not clear so such disagreement problems will remain. Local/National Perspectives The National Assembly of Vietnam is responsible for making and passing laws. The legal system practiced in Vietnam is based on communist legal theory and the French civil law system. As a Socialist state, the countrys government has much control over the media and organizations within the country. The Vietnamese government was able to outlaw many religious organizations, touching on the freedom of belief and has been criticize. As the country increasingly involved and joins into many international organizations, it has been more sensitive to human rights abuses due to global criticism. Vietnam is relatively safe with average crime rates. A few of the major crimes include corruption, illegal drug use and digital piracy.  [xvi] Since economic liberalization, corruption has risen sharply in Vietnam. In the Transparency Internationals corruption perception index for 2008, Vietnams corruption rate ranked 121 out of 160. A cause for high corruption rate in Vietnam would be the very low salaries of public officials. In 2006, the minimum salary for state employees is still only 28 dollars per month after it has been raised by nearly 30 percent. It has gotten so bad that after a corruption scandal in 2008, Japan, Vietnams biggest donor in development assistance suspended its aid to Vietnam, saying that Vietnam must take stronger measures in dealing with corruption. Corruption is a threat to investment and aid and it is a big problem on Vietnams road of development. There have been attempts in reducing this problem; an example of this is Vietnam has signed the United Nations Convention Against Corruption, which would criminalize the acts of Vietnamese officials paying bribes abroad or accepting bribes from foreign companies.  [xxiii] According to Business Software Alliance, the largest, and one of the most important of IT groups in the software industry that exist, Vietnam had the worst rate of software piracy in the world. A very large number of all kinds of software, movies and music are pirated, meaning they are illegally duplicated or distributed. In 1998 the digital piracy rate of Vietnam ranked first at 98%, this means that for every 100 copies of software application, 98 are illegal. In 2004, this number was 95%, and it is estimated that for each legitimately bought package of software, 20 illegal copies are made on average. A cause for this is many countries seldom make, let alone enforce laws to protect intellectual property. It is understandable that piracy is thought of as a path to enter the information and technology world with less expense, it actually hurts the countrys own economy. As piracy spreads, software developers are deterred from entering the market. Piracy, and the lack of laws to prevent piracy will not give a decent opportunity for citizens of a country to establish a software industry, preventing the country to become high-tech. In 2010, software piracy rate of Vietnam is 85 per cent. As result of the big efforts of the government and business community to protect copyright, despite still having a very high rate, through the years the percentage has gotten lower and there is no doubt that there has been progress in reducing piracy.  [xxvi] xxx Drug trafficking is present among Vietnams major crimes. It is estimated 200,000 Vietnamese, as young as 15-16 years old use opiate drugs, with 50,000 people using heroin. About 75% of all identified drug users in Vietnam are under 23, according to UNs Drug Control Progamme. Most people with HIV, about two-thirds are drug users, and this virus is spread along with drugs. A cause for this is unemployment in the country; much money is gained just for transporting drugs from one city to another. The lack of money also keeps the government from being able to help drug addicts or do very much. To deal with this major crime, the Vietnamese laws against drug trafficking are some of the harshest and most severe in the world. In 2009 a number of crimes have been removed from the list of crimes punishable by death, including rape and bribery, but not drug trafficking. The possession or smuggling of a certain amount of drug in Vietnam could result in the death penalty.  [xxxi]   Family/Personal Perspectives Most of us would consider ourselves innocent law-abiding citizens, but this is of course ignoring the mostly small crimes we commit regularly if not daily. If even the smallest act of crime was not over-looked, every one of us would be classified as criminals, including my family, friends and myself. Common offenses include stealing office supplies for personal use, littering, talking while driving among many other things. We all at one point or another have excused ourselves by saying certain laws dont apply to us, or since everyone else is doing it, why must I not? This however, doesnt really change the fact that were all quite guilty as law breakers, whether we want to acknowledge it or not. Like with almost every other issue we created in the world, some of their causes are our pride and will to resist or not take seriously the authorities we have above us, whether the authority is good or bad and there is also peoples tendency to ignore, or twist the truth to ones own preference and advantage. In my local community there isnt a high crime rate, or at least it is not very obvious and I feel relatively safe. Like most large, densely populated cities across the world, petty crimes are a typical problem. Although violent or armed crimes occur, they are rare, while little crimes like pick-pocketing, traffic violation and speeding occur regularly. In Vietnamese cities, motorcycles are the most commonly seen type of vehicle, and bag, jewelry or other belongings of people being snatched by motorcyclists are quite common. These types of crimes can result in serious injuries as in the process of purses or bags being snatched, the straps across the victims bodies could drag the victim along the ground by the thiefs motorcycle. There have been incidents involving crime, like mirrors on my family and friends vehicles being stolen often, and risks of frauds but there has not been a case where we are seriously affected. To come up with solutions to criminality, we must look back to its causes. Many break laws out of desperation, greed or lack of knowledge. Law-breaking starts at a young age, and education is a fundamental cure. A person with a better education and qualifications has a more hopeful future, and will less likely be unemployed and driven to criminality to survive. An education with focus on ethics and values should be able to reduce crimes committed out of selfishness and greed. Thus, a key to the criminality problem is giving all people and criminals a fair opportunity to be trained in to responsible citizens.

Thursday, September 19, 2019

The Eccentric Work of Djuna Barnes :: Biography Arts

The Eccentric Work of Djuna Barnes It is precisely Barnes's relation to literary tradition that so troubles assessments of her work: readers do not know where to "place" her. . . . Although well respected by her contemporaries, Barnes's work has fallen prey to the same set of received notions that until very recently informed studies of Gertrude Stein: both women have been chastised for being significantly different from their Paris colleagues and for failing to master the Modernist enterprise. (Benstock 242-3) It only seems appropriate that I begin with this quotation from Shari Benstock's Women of the Left Bank because it immediately situates the critical problem that my own project hopes to illuminate: how to begin to approach Barnes's eccentric work within a historical context and how to make sense of the implications of such eccentricities given that context. Her work, even within the diverse body of eccentric modernist texts, stands apart in its uniqueness. Like many modernist texts (i.e. Toomer's Cane, Joyce's Finnegan's Wake, and much of Stein's work), Barnes's work is difficult to categorize. Unlike other modernist texts, however, Barnes's work challenges genre through its mixing of both linguistic and visual representation. For example, in texts such as Ladies Almanack and The Book of Repulsive Women, Barnes uses both text and drawings to depict female sexuality. It is this shifting between modes of representation that will be the emphasis of my project. Through an examination of both her textual and visual art forms, I will argue that Barnes was experimenting in different ways than her contemporaries, ways that radically challenged understandings of gender, identity, and sexuality by suggesting that these categories are unstable, ever-shifting entities. One of the most important elements in this experimentation was her performance: through her shifts between forms and genres, Barnes mimics and performs the very instabilities that she represents in those art forms. Much like the fin-de-sià ¨cle Decadents with whom she is often linked, Barnes makes central the trope of transition in her shifts between genres. Indeed, Djuna Barnes's work is grounded in decadence, and a brief examination of this tradition will help situate her work. French and English fin-de-sià ¨cle writers and artists such as Arthur Rimbaud, Paul Verlaine, Oscar Wilde, Arthur Symons, Max Beerbohm, and Aubrey Beardsley all used a decadent style in their works. Though many critics point to the difficulty in defining decadence, they do agree that the style has distinguishing characteristics:

Wednesday, September 18, 2019

The Regrets of a Time Gone By :: essays research papers fc

The Regrets of a Time Gone By Poetry is a language of understanding. The reader must be able to comprehend the various known connotations for words as well as be able to pick up on the uncommon and unknown meanings of words. Poets are masters of language. They constantly manipulate words to make a specific connotation fit the ideas and scenarios that they choose to describe. Therefore, poetry is a language that requires a reader to closely read and pay attention to certain aspects in order for he or she to understand the poet’s message. The poet, Robert Frost, takes the idea of a harvest and uses it as a metaphor to expound upon different aspects of life. In the poem, â€Å"After Apple-Picking,† Frost uses imagery, figurative language, and a reminiscent tone to demonstrate to the reader the various emotions and complications of life. What at first glance from the title seems to be a poem about picking apples is really a metaphor about retirement. The first idea the poem illustrates is that the speaker has no true desire to depart from his work. His â€Å"long two-pointed† ladder that still rest upon the same tree â€Å"toward heaven still† is a metaphor symbolizing his reluctance to leave and accept that the day is coming to an end (line 1)(line 2). He becomes unable to fulfill his last day’s work as though the completion of the task would make the finalization too real. He mentions the â€Å"barrel the [he] didn’t fill† and refers to â€Å"some apples that [he] didn’t pick† that still hang from â€Å"some bough† as though he is leaving something behind that he truly cares about or some matter of unfinished business (line 5). The speaker struggles between feelings of regret and feelings of satisfaction as he ponders his accomplishments and the opportunities that he let pass him by in life. His emotions run the gamut from lament to fulfillment as he slightly regrets the fact that he is â€Å"done with apple-picking now (line 6).† He mentions an â€Å"essence of winter sleep† present in the air which is easily interpreted as a sense of hibernation or a long restful and peaceful slumber that is sure to come very soon (line 7). Grounding this poem in reality reassures the fact that it is after a long day, or era, and the speaker is reflecting on all that has passed him by in that time.

Tuesday, September 17, 2019

Nestle International Business Strategy Essay

Company Introduction: Nestle is one of the world’s largest and most known companies. It is a Swiss company with its headquarters located in Vevey, Switzerland. The company was inaugurated in 1866 (Nestle 2012) and since its inception has grown through leaps and bounds to become the world’s largest food and nutrition company (Cnn money 2011). The company is also a major stakeholder in the cosmetic company, L’Oreal. For a company to start from a small domestic town and then expand internationally, the strategic vision of the company plays a central and key role. The subsequent chapters shall discuss the company’s internal goals and strategy and how that strategy paves way for Nestle to build its competitive advantage in all the markets it operates in. Vision and Values: The vision of Nestle reflects ideas of fairness, honesty and long-term thinking. These ideas are reflected in the company’s corporate business principles that have shaped the company culture and strategy for the past nearly 140 years. The core values that the company has are its people, the quality of its people and brand, the company’s brand portfolio, their consumers, their customers and the company’s sustainable performance.  (Nestle, 2012) Company Objectives: The main objective of Nestle can be appropriately summed up by the phrase ‘Creating Shared Value’ (Nestle, 2012) This principle at Nestle can be described as having a conviction to build long term and beneficial relationships with their stakeholders, comply with all legal requirements and ensure all activities that the business undertakes are sustainable and result in value creation for both the company and the society at large. A strategy that the company has developed to mark their achievements is that they would like to become the benchmark of (Nestle, 2012) 1. Nutrition, Health and Wellness 2. Sustainable Financial Performance 3. Trust by all stakeholders. In order to achieve these benchmarks Nestle underwent heavy expenditure in Research and Development and relies greatly on new research and innovation, both in terms of food production and processes.Strategic Analysis: The Pestel analysis is a tool made for analyzing the Political scenario, the Environmental scenario, Socio political scenario, technological scenario and legal scenario of a the macro environment of a business. This is a management method that examines the effect that events or influences from outside may have on the performance of a company or organization (CambridgeDictionary 2012). Pestel analysis is usually conducted keeping in mind the situation of a particular region. For the sake of this marketing plan, the pestel analysis of Nestle will be conducted keeping in mind the market of Great Britain. PESTEL Analysis Political: England is a member of the European Union as well as being a senior member of the United Nations. Because the country is part of two big political blocks, it allows it the freedom to trade efficiently both domestically and internationally. Despite having both a monarchy and a parliamentary form of government, the governmental system is well balanced and the common law is practiced. Nestle being a Swedish country; also  belonging to the European Union has a great relationship with the government of Great Britain (EuropeanUnion 2012). Economic: UK is the third largest economy in Europe after Germany and France however Economists within the UK market predict a mild slip back into recession for the country in the year 2012 (bbc.co.uk 2012). Due to the economy presently being in a low growth stage it is very essential for Nestle to understand the market and come up with products and processes where it could continue to offer the same high standard of products that it offers a nd yet try and minimalise costs. United Kingdom was also hit by the recession of the year 2007 and there was a fair amount of job loss. Keeping this in mind If Nestle were to set up more production plans and hired local population, it would contribute to value creation. Social: Around 66.2% of the Population of UK lies between the age brackets of 15-64 years. This means that there is a large labor force available however a majority of population is also aging. For Nestle this could be an opportunity if it decides to introduce a line of products that are compatible with its competitor’s products such as high fiber cereal offered by Kellogg’s or protein bars. With a large young population, nestle can introduce new flavors of its chocolate line with added health benefits as well (Hill, T. & R. Westbrook, 1997). Technological: The UK is a technologically advanced country with heavy focus on research and development and computed aided simulations and designs This is a positive point for Nestle as Research a nd Development is a key competitive advantage for the company. Without heavy expense incurred in this department, the company would not have been able to reach the global number one position that it has acquired today. With a technologically friendly environment in UK, Nestle has the options of introducing new technology and conducting better research without the fear or incurring too high costs or the consumers finding it difficult to adapt (bbc.co.uk 2012). Environmental: The government of the United Kingdom pays stress on companies doing their operations on environmental friendly principles. Because Nestle is a company that is within the food and nutrition industry therefore the environmental compliance is extremely essential for it to cater to. These include the correct and green processes through which the company manufactures (Environment protection act, 1990), as well as ensuring that all the edible products meet the health standards as set by the government of the United  Kingdom. Legal: With regards to the legal situation of United Kingdom the company needs to pay attention to various kinds of laws that are prevalent. These include health and safety laws, consumer laws, and employee laws as well discrimination laws. For operations within the united Kingdom it is essential for companies to not only align their processes with the legal standing of the government but also their management style and organizational culture to ensure that all employees are treated equally and fairly, there are no reported cases of harassment of any kind and that the products have a health and safety assurance otherwise the company is liable to be sued. SWOT Analysis: The swot Analysis is part of a strategic planning process for small and medium sized organizations mostly (Houben, 1999). The analysis measures the company on two fronts; internal and external. In the internal area the strengths of the business and the weaknesses it posses in its own operations are analyzed while in the external analysis, the opportunities and threats faced by the business in its macro environment are analyzed. Strengths: One of the biggest strengths of Nestle is the brand image that it has. Its brands such as Kitkat, Nescafe, Nesquick are almost synonymous with the brand name. The company also has the heavy financial muscle to invest in its research and development which can further enhance its product line as well as invest in marketing. It also has a very strong global presence both in terms of production capacities as well as market share. Weaknesses: One weakness of the company is that it has had to recall many of its products due to bad quality and that has greatly hampered its brand image. For a company as big as Nestle the customers do not expect such a dangerous mistake to be made especially since it operates in the food industry. The company also is the target of being boycotted because of media pressures and environmentalists for engaging in non-green practices and usage of child labor (ILRF, 2005). Opportunities: The fact that Nestle has gone from being merely a food brand to being nutrition and well being brand is a good opportunity for the company as it opens many new areas for product line extension. Entering into emerging markets and establishing manufacturing plants also helps the company in reducing its costs. Threats: The food  industry is probably one of the most saturated industries in the world. Keeping this in mind Nestle faces the very strong threat of competition. This competition can emerge both from international brands as well as local brands of the market in which Nestle enters and tries to operate. The rising prices of raw materials, fuel as well as the political instability in many third world countries where nestle has set up their production plants also threatens to cause unreliability in the supply line (Lin, 2007). Porters 5 forces: Michael Porter (1979) gave a framework by virtue of which the competitive advantage of companies can be assessed in the market in which they operate in. The framework includes an analysis of five concurrent forces that affect a business’ ability to compete (Michael Porter 1979). Keeping in mind the global market in which Nestle operates in, the Porters five forces analysis will be carried out keeping a general view of the entire world as the potential market for Nestle. Threat of New Entrants: Nestle despite being in a food and nutrition industry faces the serious threat of new entrants in the market. Weather this threat is domestic or from international firms, it exists because it is an industry where the barriers to entry are very low. If we discuss Nestle in India for example there are low barriers to entry and many small domestic players can enter the market and challenge the market of nestle through their pricing or product offering which is tailored to the local culture and tastes. Bargaining Power of Suppliers: The bargaining power of suppliers of Nestle is very low especially in regions where the countries are economically backwards such as Pakistan or Bangladesh. That is because Nestle being such a giant in the market has the ability to bring lots of new business to the suppliers and therefore the suppliers have to produce the raw materials according to the outlines set by the company or they can be replaced. Bargaining Power of consumers: The bargaining power of the customers of Nestle is high. That is because it is a brand which greatly relies on consumer appreciation for the product. If a product is launched in any part of the world where the consumers do not like the taste, they will refuse to buy it. Similarly in third world countries the consumer base is very price sensitive. This raises their bargaining power if Nestle wants to penetrate, then it will have to reduce its prices  to their affordability level. Threat of Substitutes: Threat of substitutes for Nestle is also very high. In all areas of its operations there are multiple other firms that are offering either similar products or substitute products. For this purpose Nestle has to ensure that it offers a product experience that cannot be imitated and is demanded by its consumers. Industry Rivalry: Industry rivalry for Nestle is very high in no matter what part of the world it operates in. In United Kingdom it faces threat of competition from brands like Kellogs, in India it faces competition from local brands and brands such as Knorr which are starting to venture into the food industry. Porter’s diamond and competitive advantage: Michael Porter presented his theory about the competitive advantage of Nations through the use of this self designed diamond model. According to his theory, nations can create a sustainable competitive advantage for themselves if they use the following four factors efficiently. It is called a diamond model because the effect of one variable causes a change in the other variable. According to Porter, a country can create competitive advantage for itself rather than merely relying on natural endowments. Keeping Nestle in mind, Switzerland has created a global recognition for itself based on this huge multinational giant’s image (Economics-papers 2012). Factor conditions talk about the country creating its own factors of production. Japan for instance does not have any local metal or steel however it has become synonymous with the manufacturing of metal cars. Similarly, factor conditions include building up on a country’s skilled resources and putting them to best use such as Nestle has done by acquiring raw materials from other parts of the world and treating them through innovative processes to suit its own needs (Nestle, 2012). Demand conditions mean that when the demand of a certain product is high locally, the company can focus on it and build that as its competitive advantage. The demand for healthy food was very high In Switzerland and taking that demand Nestle build its company and has now succeeded in creating such a global  giant. Because Nestles related and supporting industries are also thriving and are competition with each other, this gives Nestle the opportunity to build on its cost advantage and focus on its innovation so that it can continue its differentiation strategy in the market. The local conditions affect the firm strategy and culture. Within Switzerland there was high focus on doing things after thorough research and therefore the same Ideas were inherent since the inception of Nestle. (NestleCompanyStrategy, 2012). Nestle operates in a multitude of different markets. Keeping each market in mind it develops different strategies. The Ansoff matrix shows four different kinds of strategies that companies can follow in order to achieve their goals. The first is the market penetration. In this strategy companies lower their prices so that they can enter into the market more quickly. In the case of Pakistan it was seen that when Nestle entered Pakistan, they introduced their existing product Milo at very affordable rates, even in smaller sub sizes so that the market can readily accept the product. In Market development strategy, the company takes an existing product into a  new market. This can be seen as when Nestle took Kitkat to foreign markets or when it launched Nescafe coffee in China. Product development is when a company remains in the same market it is presently operating but starts to expand its product line. Nestle was seen using product development when it remained in the European market but started venturing into health and nutritional products and expanding its product line. Nestle also has a diversified portfolio as it invested in the cosmetic company L’Oreal and is also the stakeholder in a number of pharmaceutical companies worldwide (Bonn, I. 2001). Boston Matrix: (Mayareynoldswriter 2008). Nestle is a house of brands. It consists of over a hundred different products and each product is at a different stage in the market depending upon the region in which it is being sold. Generally the product lines of nestle can be divided into big sub categories such as baby foods, which includes Cerelac and Nestum. Cereals and Bottled water, chocolate items, Dairy products, drinks, ice cream etc. Each product from each of these different categories is places on a different point in the BCG matrix. For the sake of simplicity of the project we will only discuss a few of the known and flagship products of Nestle (Boston Consulting Group, 2011). The cash cows of Nestle are very easily most of its chocolate brands and baby food items. Cerelac is a universal cash cow as well as Kit Kat that has a very strong brand presence worldwide (Reuters, 2012). Nido is fast growing nutritional milk that is gaining popularly in the Asian region and in the year 2010 (New York Times, 2012), a new Kit Ka t manufacturing plant was set up in United Kingdom that was to produce over 1 billion bars of the chocolate each year. The Stars are those products which have potential in the market and Nestlà ©Ã¢â‚¬â„¢s lines of frozen product are quick to capture a declining cooking market within the United States. Nestle with its brand Stouffer, is turning its attention to frozen pizza in an effort to capture more of the market share (Bryson, 2011). Dogs are those product lines which do not bring in too much of revenue and are difficult to turn around. These products are those that should be discarded or sold off so that they do not squeeze the company profits. For Nestle, many attribute its investments in the pharmaceutical  business to be a dog and that the company should pull out and focus more on its nutritional products. Question marks are those products whose future is somewhat uncertain. They can be turned out into positive cash cows or could reduce to the dog stature for the company. With regards to the Indian market, the breakfast cereals of nestle are question marks. Keeping in mind the culture of India, the breakfast is a wholesome meal and the culture of cereals is very low (New York Times, 2012). The particular products in the Indian markets are still struggling to figure out their future. Value Chain Analysis: A value chain analysis is a specific set of activities that are linked together and through their use the firm can produce a competitive advantage for itself. This value chain analysis was also developed by Michael Porter and can be summed up by the following representation (Porter, 1985): If we conduct the value chain analysis for Nestle we can see that it has a very good supply chain and integration of all operational business units otherwise it would be very difficult for the company to achieve global dominance. The inbound logistics include warehousing and inventory control. In Nestle it is a computerized and automated system of inventory control that is different for each country. This is why the supply of Nestle products is hardly ever scarce in the market. The operations of nestle are very successful as they transform a lot of raw material into very nutritional products and create value for their customers. Outbound logistics is the process by which finished goods are transferred to the sellers. For this purpose Nestle has started to set up distribution channels in each country where its production plant is set up so ensure timely delivery. Marketing and Sales of nestle help in creating the brand that Nestle has evolved into today. The service area is that which responds to concerns and after sale service and Nestle tries its best to provide good customer service to any customers that may be dissatisfied by the product (Bonn, I. 2001). Recommendation: Nestle has a very established setup of both its operations and marketing.  What the company should however invest in is building its public image as a corporately responsible company as well. As it has already been pointed out above Nestle is one of the world’s most boycotted companies because of a certain perception that it commits corporate crimes when coming to environmental practices. The company needs to make sure that that particular image is altered. Also, the products of Nestle which are not doing so well in certain markets should be pulled out rather than constantly spending more on them to turn their value around. Some products are difficult to sail because of the culture of the market that Nestle operates in and therefore should be avoided to ensure sunk costs do not occur. Evaluation & Conclusion: In conclusion it is safe to say that Nestle has a lot of positive attributes backing its larger than life product portfolio and therefore the company has managed to sustain its position in the list of the fortune five hundred companies. The company through the use of efficient management procedures, innovation, capital infusion and research and development continues to expand its portfolio and also serves as an example of not just a an exceptional food and nutrition providing company but also a real multinational corporation. There are many lawsuits against the company and it is also generally considered to be one of the world’s most boycotted companies and despite all off that the revenues of the company have hardly slumped since its inception. That is a testament to their value chain creation and streamlined processes that ensure that nestle becomes a part of the livelihood of the people of the 130 countries it serves. List of References: 1. bbc.co.uk (2012) the world of technology. [online] Available at: http://www.bbc.co.uk/news/technology/ [Accessed: 5th august 2012]. 2. Belch, G & Belch, M. 2003. Advertising and Promotion; an Integrated Marketing Perspective, 6th edition, Mc-H Companies. 3. Bonn, I. (2001), â€Å"Developing Strategic Thinking as a Core Competency†, Management Decision, 39(1), 63 – 76. 4. Boston Consulting Group. (2011), About BCG. [Online]. Available at < http://www.bcg.com/about_bcg/history/history_1968.aspx>. [Accessed 6th August, 2012]. 5. Bryson York. 2011. Nestle: Aisles to go with products. Available: http://articles.chicagotribune.com/2011-03-10/business/ct-biz-0311-frozen-food-sidebar-20110310_1_pizza-nestle-usa-chairman-cooking. [Accessed 6th Aug 2012]. 6. CnnMoney.2011. Global500. Available:http://money.cnn.com/magazines/fortune/global500/2011/snapshots/6126.html. [Accessed 6th August 2012]. 7. Dictionary.Cambridge (2012) PESTLE analysis. [online] Available at: http://dictionary.cambridge.org/dictionar0y/business-english/pestle-analysis?q=pestle+analysis [Accessed: 6th august 2012]. 8. Economics-papers (2012) The Study and Review on Michael Porter’s the Competitive Adv. [Online] Available at: http://www.economics-papers.com/the-study-and-review-on-michael-e-porters-the-competitive-advantage-of-nations.html [Accessed: 7th august 2012]. 9. Europa.eu (2012) Policies and activities of the European Union. [online] Available at: http://europa.eu/policies-activities/index_en.htm [Accessed: 6th august 2012]. 10. Hill, T. & R. Westbrook (1997). â€Å"SWOT Analysis: It’s Time for a Product Recall†. Long Range Planning 30 (1). 11. Houben, G, 1999. A knowledge-based SWOT-analysis system as an instrument for strategic planning in small and medium sized enterprises. Journal of Applied Economics, [Online]. 26, 125-135. Available at:http://www.cuaed.unam.mx/puel_cursos/cursos/d_gcfe_m_dos/modulo/modulo_2/m2-10.pdf [Accessed 04 August 2012]. 12. International Labor Rights Forum. 2005. The 14 Worst Corporate Evildoers. [ONLINE] Available at:http://www.laborrights.org/creating-a-sweatfree-world/ethical-consumerism/news/11434. [Accessed 04 August 12]. 13. John Katsaros & Peter Christy 2005. Getting It Right the First Time: How Innovative Companies Anticipate Demand. Westport, CT: Praeger 14. Legislation.gov.uk. 2011. Environmental Protection Act 1990. [ONLINE] Available at:< http://www.legislation.gov.uk/ukpga/1990/43/contents.> [Accessed 04 August 12]. 15. Lin, J.N, 2007. SUSTAINABLE SUPPLY CHAINS IN THE FOOD AND BEVERAGE INDUSTRY. Masters. Michigan: University of Michigan. 16. Mayareynoldswriter (2008) Applying the Boston Matrix to Publishing. [online] Available at: http://mayareynoldswriter.blogspot.co.uk/2008/12/applying-boston-matrix-to-publishing.html [Accessed: 6th august 2012]. 17. Michael, Kathleen, Goold, Sommers Luchs, 1996. Managing the Multibusiness Company: Strategic Issues for Diversified Group. 1st ed. London: Routledge. 18. Michael, Porter, 2008. The Five Competitive Forces That Shape Strategy. Harvard Business Review, 15 January 2011. 19. Nestle.com.2012. History. [ONLINE]Available at: http://www.nestle.com/AboutUs/History/Pages/History.aspx. [Accessed 03 August 12]. 20. Porter, M.E. 1985. Competitive Advantage, Free Press, New York, 1985. 21. Reuters. 2012. China’s moms key to Nestle baby milk deal. [ONLINE] Available

Monday, September 16, 2019

The Factors that Contribute to Effective Use of iPads with PMLD Pupils

Introduction This chapter will discuss the background, the scope and the need for the present study highlighting the research questions raised that will the study will attempt to answer. The present study focuses on pupils with Profound and Multiple Learning Difficulties (PMLD) and how with the use of technology in the form of iPads these pupils can be effectively taught. In other words, what factors can contribute towards the effective use of iPads in Profound and Multiple Learning Difficulties (PMLD) pupils. Background The field of special education and learning has advanced tremendously through the past decades and sub-branches have developed wherein specialists have discovered and realised the various learning disabilities amongst children. Children with Profound and Multiple Learning Difficulties (PMLD) present ample challenges for teachers. Technology in this regard has several solutions to offer to aid in effective teaching and learning as a part of effective teaching aid, technology in the form of inventions such as iPads comes to rescue and enable more productive teaching and learning (Davis and Florian, 2004). Pupils need one-to-one help and iPads can allow pupils to refrain from being thrown down on or chewed down on the floor and enable them to stay on the table in the classroom. However, the effective use of iPads remains a question unanswered in the present research literature. Scope of the Study This section will discuss and explain the scope of the study entailing how the conclusions drawn from the findings and the answers of the research questions found will provide implications to improve the practical scenario for teachers dealing with pupils with Profound and Multiple Learning Difficulties (PMLD). The present study attempts the fill the gap in literature that exists with regard to the use of iPads in enabling more productive and effective teaching and learning amongst pupils with Profound and Multiple Learning Difficulties (PMLD). The implications of the study will allow teachers to practice more effective teaching strategies and improve learning and participation amongst pupils with Profound and Multiple Learning Difficulties (PMLD) using iPads. Research Question This section will briefly state the research question that the study will attempt to answer using primary and secondary research findings. The main research question raised in the study is: What are the factors that contribute to effective use of iPads with PMLD pupils? Limitations This section will discuss the limitations of the research in terms of the findings and the implications to be drawn from the research. Literature Review This section will investigate and critically discuss the theoretical underpinnings of the subject area to raise questions regarding the existing literature that are presently unanswered and provide a theoretical framework to allow for answering the research question raised. The literature review of the present study will revolve around the theoretical perspectives on teaching pupils with Profound and Multiple Learning Difficulties (PMLD), the teaching strategies adopted based on the existing research findings and developments and the recent technological developments and their involvement in the field of special education. The literature review will point towards the need to investigate the scope of and the use of iPads in special education of pupils with Profound and Multiple Learning Difficulties (PMLD) further backed with the theoretical framework supporting the teaching strategies to be embedded in the effective use of iPads in classrooms. The literature review will draw out the usefulness of iPads in the form of the applications that can be utilized in teaching and engaging PMLD pupils in classrooms and then testing this theoretical finding using primary data collection to draw conclusions and implications for teachers. Following this plan of action for the literature review, the chapter will be divided in the following sections: Theoretical Perspectives on PMLD Teaching and Learning In this section of the literature review, the theories related to PMLD teaching will be focused on to develop a background to the existing development in the field and shed light on the aspects that form the foundation of the present study and support the need for further exploration. Effective Teaching Strategies and Tools for PMLD Pupils In this section, the contemporary practice of teaching PMLD pupils will be investigated using secondary information obtained from books and research journals to capture strengths and weaknesses and identity a need for further investigation and development. Applications on iPads for Special Education of Pupils with Profound and Multiple Learning Difficulties (PMLD) In this section, the advancements in the technology and how they have come to aid in learning of PMLD pupils will be critically evaluated in this section focusing entirely on iPads. Methodology This chapter will discuss the methodology chosen for the present study and provide justifications for selecting it. Action research strategy is the prime research strategy to be used. Primary as well as secondary sources of data will be used to capture the information required to answer the research question raised. The chapter will discuss and explain what action research entails and provide brief explanations of the primary and secondary sources of information. The chapter will further discuss the sampling technique used and the sample size. Further, the research instrument to be used will also be discussed. Research Strategy The research strategy of action research will be discussed here. Action research involves a practical approach to research inquiry in a social institution (Waters-Adams, 2006). Survey on teachers of 10 special schools using questionnaire will be used to investigate and collect the data and develop engagement profiles with pupils using specific applications. Research Design Primary and secondary sources will be discussed here. Sample Size and Sampling Technique The sample size and sampling technique will be discussed here. Analysis and Discussion This chapter will present, analyse and discuss the findings of the study and draw answers for the research question. Conclusion This chapter will summarize the findings and draw out implications for the teachers to practice more effective teaching strategies and improve learning and participation amongst pupils with Profound and Multiple Learning Difficulties (PMLD) using iPads. References Davis, P. and Florian, L. (2004). ‘Teaching strategies and approaches for pupils with special educational needs: A scoping study’. Department for Education and Skills. Available at http://www.education.gov.uk/complexneeds/modules/Module-1.1-Understanding-the-child-development-and-difficulties/All/downloads/m01p010c/II.teaching_strategies%20including_aspects_of_II.pdf. Accessed 3 August 2012. Waters-Adams, S. (2006). Action Research in Education. Faculty of Education Plymouth. The Factors that Contribute to Effective Use of iPads with PMLD Pupils 1. Introduction This chapter will discuss the background, scope and need for the proposed study, highlighting the main questions that the research will address. The research aims to explore how technology can be optimally used to support pupils with Profound and Multiple Learning Difficulties (PMLD). Focusing on the Apple iPad, the study will explore how technology might be used to augment the effective teaching of pupils with PMLD by investigating the factors that may contribute towards efficient implementation of such technologies.1.1. BackgroundThe field of special education and learning has advanced tremendously through the decades, and has led to the development of sub-branches of research allowing specialists to discover and understand more about various learning disabilities amongst children. Currently, children with Profound and Multiple Learning Difficulties (PMLD) present an ample challenge to modern teaching methods and teachers alike. However, advances in technology have been able to off er several solutions to effective teaching and learning as a part of effective teaching aid. Such technology has included in the invention of tablet devices such as Apple iPads, which are thought to promote more productive teaching and learning (Davis and Florian, 2004). Such pupils require one-to-one help and although plausibly iPads may have a role to play in such support, the factors that contribute to the effective use of iPads remain under researched in the empirical literature.1.2. Scope of the StudyThis section explores the scope of the study, detailing how the conclusions drawn from the findings will have practical implications that may improve teaching practices for teachers dealing with pupils with PMLD. At present, there exists a gap in the emerging literature surrounding the use of technology with pupils with PMLD. Although case studies detailing the utility of iPads in enabling more productive and effective teaching and learning amongst pupils with Profound and Multiple Learning Difficulties (PMLD) are beginning to emerge, the area remains under-researched. Little is known about the specific factors that contribute to the effective use of iPads with PMLD pupils. The findings and associated implications of the proposed study will allow teachers to develop and practice the most effective teaching strategies to improve learning and participation amongst PMLD pupils using iPads.1.3. Research QuestionThe main research questions explored in the present study were: Does the use of iPads enhance learning with PMLD pupils? What are the factors that contribute to the effective use of iPads with PMLD pupils?1.4. Study LimitationsAt present the only predicted limitations will be concerned with the practicalities of conducting action research in tandem with normal teaching activities. In order to manage this effectively, a detailed timescale of this research has been formulated.2. Literature ReviewAccording to Boote and Beile (2005), the purpose of a literatur e review is to provide a theoretical underpinning to the area under discussion by critically examining the existing literature surrounding the topic under investigation. Following this rationale, the subsequent section will provide an evaluative report of the subject area, going beyond the descriptive to identify the questions that remain unanswered in the current literature, and provide a theoretical framework to approach the research question under study. The review will revolve around the theoretical perspectives regarding teaching pupils with Profound and Multiple Learning Difficulties (PMLD), the teaching strategies currently adopted based on existing research findings and developments and the recent technological developments and their relevance to the field of special education. The literature review will indicate the need to investigate the scope and use of iPads in special education of pupils with PMLD, backed with a theoretical framework supporting the teaching strategies to be embedded in the effective use of iPads in classrooms. Furthermore, it will identify the effectiveness of iPads in the form of the applications that can be utilised in teaching and engaging PMLD pupils in classrooms. Following this plan of action for the literature review, the chapter will be sub-divided in the following sections:To modify or extend this essay or to get pricing on a custom essay Contact Us Today1. Theoretical Perspectives on PMLD Teaching and LearningAccording to the Schools’ Census Data (2004), pupils with PMLD are defined as â€Å"†¦(having) complex learning needs. In addition to very severe learning difficulties, pupils have other significant difficulties, such as physical disabilities, sensory impairment or a severe medical condition†. This de finition highlights the complexity of PMLD; it is severe and multi-domain, characterised by the existence of two or more severe impairments that may be visual, physical or sensory, and include other complex medical needs (Healy & Noonan Walsh, 2007). In 2010, the Dfes identified a 29.7% increase in the prevalence of pupils with PMLD between 2002 and 2009, due in part to improved diagnosis and survival rates of pre-term infants with severe disabilities (Marlow, Wolke, Bracewell & Samara, 2005). Pupils with PMLD have greater difficulties in learning, and require a high degree of adult support to meet both their learning and physical needs (DfES, 2004). Practitioners and educators must be able to support such pupils to overcome these barriers to learning, by adapting the curriculum to meet their specific needs. According to the Qualifications and Curriculum Authority (2007), pupils with PMLD are likely to remain at an early stage of development, with attainment in the early P Scale bet ween P1 to P3, with a focus on developing basic skills throughout the curriculum and across all subjects. Flo Longhorn and Penny Lacey have been working with pupils with PMLD for over ten years, and both advocate a sensory approach to learning. Both authors emphasised the importance for children with PMLD to engage their senses from an early stage, and suggested that the role of practitioner is to stimulate; as effective learning can only take place when such sensory stimulation takes place: â€Å"Without the stimulation and awakening of the senses, it would be difficult for a very special child to begin to make sense of the outside world and begin to learn.† (Longhorn, 2004: p.6)To modify or extend this essay or to get pricing on a custom essay Contact Us TodaySimilarly, Lacey (2009; 2011) suggested that the PMLD learner requires opportunities to understand, discover and explore through sound, touch, smell, taste and vision. To better understand why learning for PMLD pupils should be sensory requires an exploration of the cognitive processes that are at play. If we consider the early stages of development in normal children, learning is primarily concerned with children forging a connection to the world around them; making sense of it via exploration and investigation using their senses (Longhorn, 2004). This resonates closely with Piaget’s sensorimotor stage, the first stage of cognitive development in his influential theory (Piaget, 1977) whereby infants from birth to two years construct an understanding of the world by coordinating their physical actions with outcomes such as seeing and hearing. Across the two years, a child is expected to progress from reflexive action at birth, to the emergence of symbolic thought toward the end of the stage. According to Cunnigham (2010), PMLD learners at the most severe end of the spectrum function cognitively at six to twelve months of age, therefore an appropriate approach for such learners is to focus methods of teaching at sensory levels.2. Effective Teaching Strategies and Tools for PMLD PupilsAll pupils learn best when they are fully engaged (Iovanne et al., 2003). According to Carpenter (2010), no meaningful learning or outcome will take place without pupil engagement; therefore it is vital that deep engagement from pupils is planned throughout the learning activity. In this sense student engagement can be conceptualised as a reciprocal process; a function of both the time and energy pu pils devote to educationally purposeful activities, and the efforts made by schools to implement effective educational practices (Kuh et al. 2008). Given that engagement is so vital to the success of mainstream educational activities, it stands to reason that such engagement is similarly vital to the success of educational activities with pupils with PMLD. Indeed, Iovannone et al., (2003) stated that degree of engagement was the most important predictor of educational success for pupils with PMLD. Following research conducted by the Specialist Schools and Academies Trust (SSATrust) into effective learning with children with complex learning difficulties, the Engagement Profile and Scale was developed. This is a classroom tool that allows teachers to focus on pupils’ engagement to learning to create personalised pathways of learning, and monitor the effectiveness of classroom interventions (SSATrust). The teacher is required to select an activity with which the pupil is usually highly engaged, and one to which the pupil demonstrates low engagement. During each task, the teacher records the extent to which the pupil demonstrates his or her engagement across a 5-point scale ranging from no engagement to fully sustained engagement across seven domains (awareness, curiosity, investigation, discovery, anticipation, initiation and persistence). Teachers are encouraged to look for small signs of early engagement such as changes in breathing, eye movement, facial expressions or movement. Although in its early stages of classroom intervention, forming part of ongoing research into best practice in classrooms with children with complex educational needs, early case study reports have indicated that the Educational Profile and Scale is an effective tool to devise strategic interventions to encourage re-engagement with learning (Carpenter, Egerton, Brookes & Durdle, 2011).To modify or extend this essay or to get pricing on a custom essay Contact Us Today2.3. The Specific Use of Technology to Support Learners with PMLDInformation communication technology (ICT) has become a valuable tool for teaching and learning in specialist schools (Davis & Florian, 2004). Condie, Munro, Seagraves and Kenesson (2007) concluded that a substantial body of literature supported the notion that ICT can be a powerful tool to support pupils with educational needs, both in mainstream and specialist environments. Although the studies have tended towards the small scale, findings have elicited common themes included increased communication, improved participation and self-esteem. Ofsted have reported on a number of ways ICT has supported the learning of pupils with additional educational needs, noting improvements to attention span, attitude and motivation, whilst overcoming some of the barriers to learning therefore also increasing attainment (Ofsted 2005; 2004a). The Communications Aid Project (CAP), which was funded from 2002 – 2006 supplied technological aids to pupils with severe communication problems to allow them to more readily access the school curriculum. An evaluation of the project (Wright et al., 2004) noted that the initiative had been well received by parents and pupils alike, with pupils reporting a significant increase in both their abilities and quality of life. The key advantage of ICT lies in its opportunity to provide a personalised learning environment, tailored individually to meet the specific needs of each pupil, but in order for this to be realised, there must be first be a comprehensive and accurate assessment of pupil needs, access and strengths (Handy, 2000). Practically speaking, although ICT can free pupils with limited motor skills or coordination from the problems of manipulating physical materials, physical access to the device itself must be simple to allow pupils to concentrate their efforts on the cognitive task being performed. (Williams, 2005; NOF training manual, 2004). Technology, however, is often introduced to pupils without a full understanding of the benefit it may offer. Florian and Hegarty (2004) suggest that unless teachers fully understand the potential benefits of ICT and the logic behind using such technology, purposeful learning and engagement is limited. The application of ICT, they argue, must begin with the teacher and an understanding of the type of learning they hope to achieve. Teachers must be trained and competent in the use of ICT themselves before they can successfully support its use in pupils with PMLD in overcoming barriers to learning. Furthermore, they must also fully understand the nature of the assessment they would need to conduct in order to fully utlilise the technology. In addition to an adequate assessment of needs and the appropriate use of devices, the third component of successful use of ICT involves the software employed. Sparrowhawk and Heald (2007) outlined criteria for software to ensure it can successfully overcome barriers to learning. They suggested that software should be stimulating and fun, colourful with clear, rich graphics, music and sound, offer immediate feedback with repetition and reward, be challenging and allow pupils to keep trying, but be structured in small steps. Supporting these criteria, Foyle (2012) recently published an article outlining the role of interactive technology in the SEN classroom, describing pupils as most engaged and motivated when applications were visual and contained sound, music and rewards.To modify or extend this essay or to get pricing on a custom essay Contact Us TodayAn important contributor to the field has been the tablet device, specifically the Apple iPad, a slim, lightweight and multi-touch device for downloading, accessing and interacting with a vast range of applications. To date, little empirical evidence of the effectiveness of the iPad in supporting learning in pupils with PMLD has been conducted and reported, although case studies published by schools that use iPads to support such learners are beginning to emerge. For example, the deputy head teacher at Topcliff School has reported that iPads have had a positive impact and response from their special needs pupils and teachers alike, as the iPad is easy to use, accessible and allows the user to access many well-designed applications, a sentiment shared by the head of music at Mary Elliot Special school, who described the technology as easy to use allowing teachers to feel confident in using ICT, with cheap yet engaging applications. In a blog written by ‘Jwinchester25’ (2012), a head of year in a generic special school for pupils with a range of special educational needs, the iPad is described as a d evice that enables and allows learning at any time, with a wealth of sensory applications that are ideal for learners working between p1 and p2, owing to the visual impact and instant feedback provided by its applications. Undoubtedly, the iPad has several factors that are advantageous in supporting the learning of PMLD pupils, including the range and value of its applications, its sleek and easy to use design, and use of touch technology, which can help overcome barriers for pupils facing issues using the traditional mouse and keyboard (Bean, 2012). However, such advantages come with important caveats; teachers must ensure that the device is both adequately positioned and mounted to optimise both vision and interaction (Watson Hyatt, 2010; Rahman, 2012).To modify or extend this essay or to get pricing on a custom essay Contact Us Today2.4. ConclusionPupils with PMLD have greater difficulties in learning and have additional impairments in functioning and needs that can create barrie rs to learning. Practitioners and teachers can support pupils to overcome such barriers by providing a learning environment that is stimulating to the senses, and promotes motivation and engagement. The world of technology can augment such learning by enabling pupils with PMLD to communicate and engage with the world around them. However, in order to maximally support such learners, technology must be tailored to the specific and individual needs of each pupil, requiring a thorough and accurate assessment of each pupil’s needs. It would appear that the Apple iPad has great potential to act as a tool for learning for pupils with PMLD, however there remains a gap in the empirical literature regarding the factors that might influence successful use of the iPad in such a teaching environment.1. MethodologyThe following chapter discusses the research methodology chosen for the present study and provides the rationale underpinning its selection. As action research was selected as t he prime research strategy, this chapter will discuss and explain what action research entails and also provide a brief explanation of the data collection methods that will be employed. Furthermore, the chapter will discuss the technique of sample selection and sample size proposed. The chapter will conclude with a discussion of the research instruments that will be utilised to gather the primary data.2. Research StrategyAccording to Lewin (1946), action research is â€Å"a comparative research on the conditions and effects of various forms of social action and research leading to social action (using) a spiral of steps, each of which is composed of a circle of planning, action and fact-finding about the result of the action†. It involves a practical approach to research inquiry in a social institution (Waters-Adams, 2006), and is perhaps more interactive than other research methodologies, as it balances data collection and analysis with problem solving action in the field. T his is advantageous as it allows the researcher to derive predictions regarding change within the research site (Reason & Bradbury, 2002). It is conceptualised as a collaborative process between the researcher and the research site and population, so it allows not only for observation and reflection, but also action and improvement of practice (Mills, 2006). Action research was particularly appropriate in this context. The author of the present study is an ICT coordinator, and was keen to discover how new technology purchased by the author’s school could be most effectively used with PMLD learners. Action research is often used when a new initiative is about to be implemented, in the absence of knowledge regarding the best method to do so. It allows for the discovery of practical solutions that are directly derived from the specific circumstances of the research site. However, as action research does not involve the objective measurement of phenomena, it can suffer from researcher bias (Mills, 2006). However, all researchers bring a degree of subjectivity shaped by individual experience, and it is the action researcher’s challenge to recognise such bias and build a critical reflexivity into the research process accordingly (Herr & Anderson, 2005). Action research can be time consuming, and difficult to conduct in tandem with normal classroom activities. For this reason, Mills (2006) a dvocates developing a timeline of enquiry.To modify or extend this essay or to get pricing on a custom essay Contact Us TodayThe timetable for the current study is as follows: Phase 1 (July 2012): Develop research questions. Phase 2 (August 2012): Conducted critical review of relevant literature. Phase 3 (September 2012): Conduct classroom observation. Disseminate questionnaire to second school. Phase 4 (October 2012): Conducted semi-structured interviews with teachers. Phase 5 (November – December 2012): Data collation and analysis Phase 6 (Early 2013): Review, question and action. Disseminate research findings to interested parties.3. Data CollectionAccording to Mills, â€Å"the importance of data collection is to challenge yourself to explore every possible angle to try to find patterns and seek out new understanding among the data† (2006: 122). The selection of data collection methods forms a fundamental step in the research process and should be underpinned by the concepts of reliability and validity. Reliability relates to the accuracy of the data and urges the researcher to consider whether the data they have collected presents an accu rate representation of the reality under study. Validity refers to the essential truthfulness of the data; an assertion that the data collected actually measures the reality under study. Producing high quality research is of particular concern to the action researcher in schools, as the teacher researcher has an additional obligation to their students, and to add to the professional knowledge base (Sagor, 2000). One method of enhancing the quality of research is to triangulate data collection; to use more than one source of data during more than one point in time. The present study included questionnaires, observation and semi-structured interviews. The approach therefore was mainly qualitative, although the inclusion of some closed-ended questions in the questionnaire allowed for some limited quantitative enquiry.4. QuestionnairesThe questionnaire was designed and will be disseminated via Survey Monkey, an online research resource which allows users to design surveys and collect an d analyse data easily. The questionnaire contained both open-ended and closed-ended questions to enable respondents to both answer the specific research questions, and also provide their own responses to add richness to the data. Invitations to participate in this part of the research will be made to members of staff from a different school to the research site, and respondents will be invited to complete the questionnaire via an online link. The questionnaire has been designed specifically to investigate how other schools are integrating iPads into their work with PMLD learners. The main advantage of the questionnaire method is that it potentially allows the researcher to collect a large amount of information in a relatively short amount of time (Mills, 2006). However, the method is notorious for returning lower response rates. Generally speaking, postal survey methods have an average response rate of below 10%, whilst typical response rates for online surveys are a little higher, at 20 – 30% (SurveyMonkey, 2012).5. ObservationThe observations will be conducted only at the primary research site, and will be participatory in nature, as this allows for more focused naturalistic observation (Bell, 2005). In the present study, observation will take place with four pupils with PMLD as they use iPads as part of normal teaching and learning activities. The observations will be guided by the use of the Engagement Profile (SSATrust, 2010) which will enable the researcher to observe exactly which factors involved in the use of iPads engage pupils. For an example of the Engagement Profile observation sheet refer to Appendix A.6. InterviewThe aim of the interview is to elicit information about participant’s attitudes, opinions and perspectives in order to form a meaningful understanding of the phenomena under study (Hannan, 2007). Specifically, this research will include the use of semi-structured interviews, which allow researchers to have a set of specifi c questions to discuss, but allows for some flexibility on the respondents’ behalf. One interview will be conducted with the class teacher, and will address the ways in which iPads are incorporated into teaching activities with PMLD learners.To modify or extend this essay or to get pricing on a custom essay Contact Us Today1. Sample Size and Sampling Techniques For questionnaire completion, sampling will follow the snowballing technique, a non-probability sampling technique whereby participants in turn recruit future participants from among their acquaintances. In this instance, the link to the online survey will be sent to the target population, with a request that it is passed on to other interested parties. As the likely response rate is as yet unknown, the link will be sent to all possible study participants. The return rate will determine whether any quantitative data analysis will be conducted on the closed-ended survey items. The observations will be limited to four pu pils, who will be identified as appropriate for participation via the researcher’s own knowledge of the pupils within the research site, and via discussions with classroom teachers. Only one interview will be conducted with the classroom teacher. Methods were selected that drew upon small samples to provide an in-depth exploration of the area under study, the number of observations and interviews was restricted to maximise the effectiveness of such in-depth exploration (see Kruger & Casey, 2009 for a discussion regarding sample size when using qualitative methods.7. Ethical ConsiderationsOf prime concern to any researcher, are the ethical considerations and implications of their work. A full understanding of research ethics, and adherence and accountability to an ethical framework can provide a solid base for the research work in order to achieve completion of said research successfully (Willis, Inman and Valenti, 2010). Adherence to ethical considerations in research promote s the aims of research; prohibiting the falsification of results avoids error. Ethical norms ensure that the researcher remains accountable to the public and can prevent harm; therefore prior to the commencement of any piece of research, it is essential to consider all the ethical implications that may present themselves throughout all stages of the study. Central to research ethics is the issue of consent. The proposed study will provide interview participants with a Participant Information Form (PIF) detailing exactly the aims and processes of the research, and the contact details of the researcher. A consent form will be given with the PIF for both the participant and researcher to sign. The form will detail the participants’ right to refuse to participate, and right to withdraw consent at any point during the research, without penalty. As the pupil observations will be conducted as part of normal teaching and learning activities, it is not necessary to seek permission fro m parents.To modify or extend this essay or to get pricing on a custom essay Contact Us TodayIn a dissertation work, keeping the personal details of the respondents secured is a prime ethical requirement, therefore, another major ethical consideration of the proposed study relates to anonymity and confidentiality. Conducting any research within the workplace could raise concerns among participants; therefore the interviews and Engagement Profiles will be anonymised and assigned codes rather than names. Surveys will be conducted anonymously via SurveyMonkey, access to data will be strictly limited to the researcher, and all participants will have the right to access their own information.ReferencesBean, I. (2012) A helping hand. SEN Magazine, February 2012. Available at: https://www.senmagazine.co.uk/articles/856-how-can-we-make-computers-more-accessible-to-all.html (accessed 13.08.2012). Boote, D.N. & Beile, P. (2005). Scholars before researchers: On the centrality of the dissertation literature review in research preparation. Educational Research 34 (6): 3 – 15. Carpenter, B., Egerton, J., Brooks, T.& Durdle , R. (2011). Engagement in Learning. 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