Monday, December 30, 2019

Explaining Supreme Court Decisions - Free Essay Example

Sample details Pages: 6 Words: 1854 Downloads: 1 Date added: 2019/08/19 Category Law Essay Level High school Tags: Supreme Court Essay Did you like this example? As the nations highest court, the Supreme Court makes decisions that affects the lives of everyday people and has major legal implications. The court addresses issues from abortion to free speech. It has the power to strike down laws passed by Congress or actions by the president it interprets to be unconstitutional. Don’t waste time! Our writers will create an original "Explaining Supreme Court Decisions" essay for you Create order In theory, the Supreme Court and its members are independent from the rest of the federal government and above politics since they are appointed to the court rather than elected. Several factors influence the decisions that members of the Supreme Court, these factors are precedent, public opinion, interest groups, and the Justices personal political ideologies. I believe that in terms of Madisonian democracy, the Supreme Court is an important and effective institution, despite the paradox it sometimes has in our democracy. When making decisions, the Supreme Court often takes the legal idea of stare decisis into consideration. Stare decisis refers to the Latin phrase let it stand. This refers to precedent. Precedent in a legal system is meant to help guide judges in future decisions they make should the issue or a case related to that issue come up before the court, or lower courts again. When a decision is handed down, Justices can refer to stare decisis as a reason for their decision. When Planned Parenthood v. Casey (1992) came before the Supreme Court, Sandra Day OConnor in her majority decision reaffirmed the constitutional right to an abortion set in Roe v. Wade (1973). Roe set the precedent that the right to an abortion was guaranteed by the Due Process Clause of the Fourteenth Amendment. Despite the Courts ruling reaffirming the right to an abortion, this precedent has been put aside before. The Supreme Court upheld the Partial-Birth Abortion Act of 2003 in the case of Gonzales v. Carhart (2007). In that case, then Justice Anthony Kennedy wrote in the majority opinion that that banning partial-birth abortion was not an undue burden on women who were seeking an abortion, and that Congress indeed had the power to ban partial-birth abortions. In her dissent, Justice Ruth Bader Ginsburg claimed that the Court was ignoring precedent by placing a restriction on abortion, and not allowing a woman to make a decision for herself. In other cases, precedent in the Supreme Court has been outright ignored. The Supreme Court overturned previously established precedent made in Plessy v. Ferguson (1896) in its decision of Brown v. Board of Education (1954), which regarded the idea of separate but equal expressed in Plessy as unconstitutional. Precedent was once again ignored in the case of Lawrence v. Texas (2003), which overturned the case of Bowers v. Hardwick (1986), which had upheld the constitutionality of anti-sodomy laws in the United States. The Supreme Court has taken the idea of precedent into its legal decisions, and at times, chosen to accept it or ignore it, as seen in these cases mentioned above. When the Supreme Court makes decisions, public opinion is taken into consideration. One may wonder why the Court would bother to do this, as the members of the Court are appointed for life, and the Justices do not have to answer to the American people why they rule in a particular way, unlike decisions made by Congress or the President of the United States. The Court takes public opinion into consideration because the decision would likely reflect the values of the American people. The Warren court is a prime example of this, as it made liberal decisions at a time when the American people were rather liberal in regards to matters such as race, as seen in Loving v. Virginia (1967), or free speech in Tinker v. Des Moines (1969). These examples require looking at the context of the time period these decisions were made in. Loving struck down bans on interracial marriage at a time when the Civil Rights movement was well underway by then. Tinker was handed down at a time when protesting t he Vietnam War was almost universal among the American people, who had grown frustrated with the deteriorating situation in Southeast Asia. Further examples could even include the infamous decision of Korematsu v. United States (1944), as a reflection of the mindset of the American public and anti-Japanese sentiment during World War II. Bringing us to the 21st century, the Supreme Court has made decisions that reflected public opinion, in overturning anti-sodomy laws in Lawrence v. Texas (2003), or striking down the Defense of Marriage Act of 1996 in United States v. Windsor (2013) and guaranteeing same sex couples the right to marry in Obergefell v. Hodges (2015), decisions that would have been seen as impossible to hand down in previous eras of American history and times when support for same sex marriage was not as high as they have been since the 2000s. These are examples of how public opinion can sway decisions made by the Supreme Court. Interest groups are known to try to persuade the Court in its decision-making. Whenever a case that concerns their particular interest comes before the Court, interest groups will already be there the moment the Court announces they will take up that case. One of the first steps interest groups take is filing an amicus curiae briefs, In District of Columbia v. Heller (2008), a case which considered whether or gun restrictions by the District of Columbia violate the Second Amendment, the National Rifle Association filed an amicus brief, as did the Brady Campaign to Prevent Gun Violence, interest groups with different priorities when it comes to guns. When a controversial issue such as abortion or voting rights come before the Court, interest groups like NARAL or National Right to Life, and the NAACP or ACLU all file amicus briefs. Apart from this, they attempt to mobilize their members in an effort to gather in demonstrations and put pressure on the court to rule in their favor. In recent years, interest groups have become more involved in the nomination process for federal judges. Interest groups have worked either to support or deny the confirmation of a judge nominated to the Supreme Court. This is seen in the case of the NAACP, ACLU both vigorously opposing the nomination of Robert Bork to the Supreme Court in 1987. In other cases, interest groups have played some sort of role in the selection of a particular judge. These interest groups want a judge whose ideology is closer to theirs. This is evident in the nominations of Neil Gorsuch and Brett Kavanaugh to the Supreme Court under the Trump administration. Gorsuch and Kavanaugh were pre selected from a list created by the Federalist Society, a Conservative legal group. This was the result of carefully collaborated attempts by the Republican party to pack the judicial system with Conservative leaning judges, an ongoing effort going back to the Nixon administration. All of this is how interest groups have tried to influence the decisions made by the Supreme Court. The final factor behind the decision making of the Supreme Court is none other than the Justices themselves. Their ideologies are one of the most common reasons behind the reasoning of a Justices decision in a case before the Court. Their ideology is one of the reasons why they are chosen when nominated to the Supreme Court by whoever the president is. For instance, Franklin Delano Roosevelt nominated liberals William O. Douglas and Hugo Black in order to support the New Deal, and Richard Nixon, Ronald Reagan, the late George H.W. Bush, and George W. Bush nominated conservatives such as the late William Rehnquist and Antonin Scalia, Clarence Thomas, and Samuel Alito, all of whom have been known for their judicial philosophy known as Originalism. Since Richard Nixon nominated Warren Burger to the position of Chief Justice in 1969, and up through the Rehnquist and Roberts courts, the Supreme Court has leaned strongly Conservative, this position considered to have been solidified with t he nomination and confirmation of Brett Kavanaugh in October of 2018. The Justices themselves are believed to try to stay on the Supreme Court as long as they can until a president of their particular political party can nominate a like minded successor. For instance, John Paul Stevens and Harry Blackmun, two of the most liberal justices to serve on the Court, chose to wait to retire under the Obama administration, despite already being 90 years old at the time. and Chief Justice Warren Burger retired in 1986 while President Reagan was in office and Republicans controlled the Senate, allowing a like minded successor to be confirmed on the Supreme Court. Thurgood Marshall, a liberal justice, was less than successful in securing a similar ideological successful as he had to retire due to poor health under the George H.W. Bush administration, being replaced by Clarence Thomas, known as one of the most conservative, and quiet justices on the Supreme Court. The Supreme Court plays a check and balance on both the executive and legislative branches, but is it democratic? The Supreme Court is considered to be the least democratic of the three branches. The fact that Justices are appointed, rather than elected is a clear factor that it can sound undemocratic, though this claim with refuted that the president who nominates this justice and the Senate which provides its advice and consent are both chosen by the American people. In our Madisonian democracy, much like the electoral college, the Supreme Court is meant to protect the minority from the tyranny of the majority. Even Justice John Marshall II advocated that the judiciary should not make policy from the bench, and leave that up to the President and Congress. The Supreme Court gave itself the power of judicial review in Marbury v. Madison (1803) in order to give itself independence from both the President and Congress, a move that would be considered undemocratic. An example of judicia l review was in the case of United States v. Nixon (1974), where the Supreme Court, including Justices who were nominated by President Nixon himself ruled against him in his claims that executive privilege allowed him to be above the law and turn over evidence in a criminal investigation. This landmark decision limited the Presidents powers, and the Court found that the Supreme Court had the final say in questions regarding to the Constitution, reaffirming its unique and important role in our democracy. The Founding Fathers themselves were clearly not worried about a powerful judiciary, noting that it can make decisions and strike down laws and acts by the president or Congress, but it cannot enforce those decisions, as seen with ending racial segregation in the South after Brown v. Board of Education (1954) was decided. An independent judiciary has been a hallmark of American democracy. The Court makes decisions that affects Americans of all walks of life. But in order for these decisions to happen, there are several ways which try to influence how these decisions are made. They are public opinion, interest groups, precedent, and the personal political ideologies of the Justices. Despite how undemocratic it might sound at times, the Court plays a crucial role in our Madisonian democracy, and must continue to do so in order to remain an effective body of the federal government.

Sunday, December 22, 2019

Application Of A Module Declaration - 2283 Words

// ECE2072 Assignment 2014. // Written by Lindsay Kleeman, Monash University. // Complete the sections marked /***STUDENT TO COMPLETE***/ // Naming convention used: // Module names begin with capital and each word begins with capital. // Ports of a module declaration begin with i for input and o for output followed by Capital. // number bits labelled at end by xbit // standard port names are all CAPITALISED // Internal signals start with lowercase and base of name first followed by // D1 for delayed by one clock period (ie previous version), // _new for next and // number bits at end if not 1. Use _ as separator within name. module assign2014(CLOCK_50, KEY, SW, HEX0, HEX1, HEX2, HEX3, HEX4, HEX5, HEX6, HEX7,†¦show more content†¦// A time delay called the release time elapses before the start light is turned on again // and the whole process repeats. The release time is optionally displayed on oHEX7 to oHEX4 if iDisplayReleaseTime=1 // The release time is either random when iSelID=0 or based on the student ID sequence when iSelID=1. // The normal ID sequence skips a digit when iSkip=1. //********************************************************************************************************** module ReactionTimer(iClk, iAsyncReset, iAsychStop, iDisplayReleaseTime, iSkip, iSelID, oHEX0, oHEX1, oHEX2, oHEX3, oHEX4, oHEX5, oHEX6, oHEX7, oLED_GO); input iClk, iAsyncReset, iAsychStop, iDisplayReleaseTime, iSkip, iSelID; output [6:0] oHEX0, oHEX1, oHEX2, oHEX3, oHEX4, oHEX5, oHEX6, oHEX7; output [7:0] oLED_GO; //*********** Internal signals ..... defined and implemented below ... wire reset; // synchronised version of reset input from KEY[0] wire stop; // synchronised version of stop input from KEY[3] wire stopD1; //1 clock period delayed stop wire start; //goes high when start light turns on and defined below. wire CEmsec; //Clock Enable that is 1 for a single clock cycle every millisecond // driven by ReactionTimerDisplay instance wire [13:0] release_time_new14bit; //time in msec to count down to next start wire [13:0] release_time_random14bit; //next random release timeShow MoreRelatedPython Case Study732 Words   |  3 Pagesor a specialized GUI application, or a simple game. If you’re a professional software developer, you may have to work with several C/C++/Java libraries but find the usual write/compile/test/re-compile cycle is too slow. Perhaps you’re writing a test suite for such a library and find writing the testing code a tedious task. Or maybe you’ve written a program that could use an extension language, and you don’t want to design and implement a whole new language for your application. Python is just theRead MoreQuestions On The Code And Core Module1255 Words   |  6 Pages#include ns3/point-to-point-module.h #include ns3/applications-module.h #include ns3/mpls-module.h #include ns3/ipv4-global-routing-helper.h The code starts with various include statements for easy implementation of the code. We include many predefined modules in the program so that all the functionalities of the classes that are specified in the module are loaded and are available while the code executes. 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Visual Basic was derived from BASIC  and enables the  rapid application development (RAD)  of  graphical user interface (GUI)  applications, access to  databases  using  Data Access Objects,  Remote Data Objects, or  ActiveX Data Objects, and creation of ActiveX  controls and objects.  Scripting languages  such as  VBA  and  VBScript  are syntactically similar to Visual Basic, but perform differently. A programmer can put together an application using the  components  provided with Visual Basic itself. ProgramsRead MoreApplication Of A Project Report Essay1509 Words   |  7 PagesOF ENGINEERING AND TECHNOLOGY OPP. BHAGWAT VIDYAPITH, NEAR GOTA CROSS ROAD, AHMEDABAD-382481. Candidate’s Declaration We hereby declare that project report titled â€Å"Gamecave† submitted towards the completion of project in 7th semester of bachelor of Information Technology in Silver Oak College Of Engineering Technology, Ahmedabad is an authenticate record ofRead MoreAn Online Course Of Action Is Pretty Profitable As The Game Plan Essay1743 Words   |  7 Pagesis inherentlydistributive.this distributive typical for the online game plan helps in getting the unmistakable police home office to grant information and get in contact to each other NUMBER OF MODULES The system after careful analysis has been identified to be presented with the following modules Modules: 1. User 2. Administrator 3. department HARDWARE SPESIFICATIONS HARDWARE REQUIREMENTS: PIV 2.8 GHz Processor and Above RAM 512MB and Above HDD 20 GB Hard Disk Space and Above 6. 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Shrivastav in his entitled paper â€Å"GSM Modem Based MovingRead MoreSchool Of Computing Engineering Mathematics2551 Words   |  11 Pagestime: --- Lecturer/Tutor: Dr. Bahman Javadi Title of Assignment: Individual Essay: Software Testing Methods Length: (Optional) 1800 words Date due: 22nd June 2015 Date submitted: 22nd June 2015 Student Declaration (must be signed) Declaration: †¢ I hold a copy of this assignment if the original is lost or damaged. †¢ I hereby certify that no part of this assignment or product has been copied from any other student’s work or from any other source except where due acknowledgementRead MoreA Brief Note On Collaboration : Strategic Alliance979 Words   |  4 Pagesmanifestation of joint effort that both the organizations concurred on, despite the fact that advertised by both organizations as a Strategic Partnership relationship, has really been a Strategic Alliance relationship by the definition adjusted in this module (Financial Times, 2015). This implies that both Microsoft and Nokia would cooperate on basic objectives and advantages that would fit the vital bearings of both the organizations. All through the coordinated effort, both organizations would stay free

Saturday, December 14, 2019

Skewed Unemployment Rate Free Essays

string(122) " many factors involved with work hours and other limiting issues covered within this article which supported my research\." Define the Problem: The real national unemployment rate is higher than the U. S. Department of Labor’s December figure shows. We will write a custom essay sample on Skewed Unemployment Rate or any similar topic only for you Order Now When the underemployed and discouraged are added to the unemployment numbers, the national unemployed rate rises to 16. 6%. This causes morale to be low and Americans seem to be giving up. Variables Identified by Order of Influence: 1. The government no longer counts people as unemployed when they stop looking for work. The unemployment numbers don’t account for part-time workers or people seeking advanced degrees to improve their chances of landing a higher paying job. 2. More jobs were reported created than were really actually reported. Problem Statement: Unemployment fell by almost half a percentage point in December, dropping the national unemployment rate to 9. 4%, according to figures released by the Bureau of Labor Statistics on Friday, January 7, 2011. Unemployment has been high but relatively stable throughout 2010, ranging from 9. 5 to 9. 9%. December’s figure of 9. 4% is the lowest unemployment rate for all of 2010. The official unemployment index, based on a monthly survey of sample households, counts only people who reported looking for work in the past four weeks. The national unemployment rate wrapped up 2010 by significantly dropping to 9. 4 percent in December, the lowest level in 19 months despite a constant 9 percent unemployment rate for 20 months in a row, a new post-World War II record. There are two main reasons for the skewed unemployment numbers. The first key reason for the drop was that the government no longer counts people as unemployed when they stop looking for work. It doesn’t account for part-time workers who want to work more hours but can’t, given the tight job market. And it doesn’t include those who have given up trying to find work. The second reason is that more jobs were reported that were grossed. Meaning jobs were posted but never existed and thus lowered the actual job openings lowering the unemployment rate. It’s bad enough that the nation’s jobless rate is 9. 4%. But the real national employment rate is even higher than the U. S. Department of Labor’s December figure shows. The truth is that even the broader measure of unemployment doesn’t fully capture how difficult the job market is for U. S. workers. It doesn’t include self-employed workers whose incomes have shriveled. It doesn’t look at former full-time employees who have accepted short-term contracts, without benefits, and at a fraction of their former salaries. And it doesn’t count the many would-be workers who are going back to school, taking on more debt, in hopes that advanced degrees will improve their chances of landing jobs. The purpose of this report is to discover and offer a solution; if for no other reason, to provide a better education on how the U. S. Department of Labor manipulates the actual employment rate. Definition of Terms BLS- Bureau of Labor Statistics Corporate Outsourcing- Creation of jobs overseas by American businesses. Literature Review Many researchers have studied statistics of unemployment, available jobs, and causes related to the influx of unemployment in recent years. The following resources were very interesting and useful for my research. (IStockAnaylais. com, New Haven Register) This source discusses the issues regarding job growth over the last 2 years. Wall Street views this report as that the job expectations fell short of everyone’s expectations and the unemployment rate was likely skewed by seasonal factors. Public jobs grew at a steady rate but the government slashed many jobs due to congressional mandates set at an earlier time period. Work hours were also mentioned throughout my research of this article. Shorter work weeks having many worthy job seekers and economists scared and with the decline work hours many are starting to stay in panic mode. This article touched many key points regarding the number unemployed as well as the averages associated with the overall hours worked in a normal work week. (Newsday. om) Provide me with handy research data. I found this article to be instrumental for my research. This article covered the overall drop in the unemployment rate and it’s significant in ones respect because a falling unemployment rate during the job market recovery has often just reflected a rise in the number of discouraged workers – those unemployed people who have given up looking for a job and thus aren’t included in the unemployment rate. Economist cauti oned not to expect too much too fast and to stay upbeat. The article also mentioned the difference between the recessions, stating this period was different because of the low amount of work hours involved. According to the article many Americans were involuntary forced to work part-time and counted as employed. Factor in these involuntarily underemployed workers plus the burgeoning number of discouraged job seekers, and California’s real unemployment rate is 20%. Many people have been unemployed for lengthy periods of time and have giving up all hope. These people were also not reported in the overall national unemployment rate. EmployeeIssues. com) reported the unemployment rate does not include workers who are involuntarily working only part time and with fewer benefits, if any, such as no health, disability or life insurance, because they can’t find full-time jobs or their work hours were cut. The article went into detail regarding how much the average part-times wages were and how people were unable to maintain adequate healthcare coverage for their immediate families. The article went on to say the unemployment rate also does not include â€Å"marginally-attached† unemployed workers. The BLS does not count them in the official rate because they stopped looking for work, for reasons such as school attendance, family matters or their collective perception that there simply are no jobs. With the average person collecting unemployment for 26 weeks the article countered that by giving numbers more in the 33 week range for collecting benefits. There were many factors involved with work hours and other limiting issues covered within this article which supported my research. You read "Skewed Unemployment Rate" in category "Papers" (Examineer. com) contained valuable information vital to my research. Some major issues were discussed within this article to include one final example of the disconnect between government reporting and the reality of the situation comes in the world of Unemployment Insurance. In many states across the union, unemployment benefits have been extended to unprecedented lengths. In Michigan, one could maintain their benefits for more than two years depending upon their circumstance. However, normal unemployment benefits are granted in intervals of 26 weeks for those who held the same position for one year. Here is the denominator to this equation. Anyone who has been collecting unemployment benefits for more than 26 weeks will not be counted among the unemployed. Thus, those who are still receiving state benefits in their 27th week are considered ‘out of the labor force’ or ’employed’. Summary The issue that comes to the forefront of the debate on the reality of unemployment in the United States is that of honesty in government disclosures, the ability to skew statistics to create false optimism among the populace and the overall contradiction of cumulative job losses against a declining rate of unemployment. To understand this fully, one must understand how the government classifies citizens in their surveying as well as the political implications associated with this monthly report. There are millions of people out there without jobs, who have exhausted their benefits, who are simply not being counted. The above resources will help me determine the actual cause and how it will impact the struggling economy’s advancement towards a manageable workforce and improved lifestyle. Report the Findings Many researchers have studied statistics of unemployment, available jobs, and causes related to the influx of unemployment in the recent years. The following resources were very interesting and useful for my research. The Labor Department’s statistics don’t include the underemployed and those who have stopped looking for work. This alternative measure creates a much higher number. The federal government uses metric analysis to determine unemployment numbers each month, and sometimes per week. However, those metrics are skewed by political anomalies put in to try to make the numbers fit the agenda. For example, the nefarious birth/death rate assumptions which have no true basis for statistics, but in reality keep the numbers low to form a more positive or less negative outlook on unemployment. According to (Newsday. com) the overall drop in the unemployment rate was significant in one respect because a falling unemployment rate during the job market recovery has often just reflected a rise in the number of discouraged workers – those unemployed people who have given up looking for a job and thus aren’t included in the unemployment rate. But this was not the case so much in December 2010. We’re on a growth path,† said Ken Goldstein, economist for The Conference Board, a Manhattan business research group. But he cautioned not to expect too much, too fast. â€Å"It has gone up a lot because a lot of people have been put on short hours,† said economist Gary Burtless, a senior fellow at the Brookings Institution, a nonprofit public policy organizati on. â€Å"And there are a lot of discouraged workers. † Shortened work hours are, in fact, one of the ways this recession is different from the ones in the early 1980s and early 1990s, Burtless said. Another difference is the huge number of people who have been permanently laid off. â€Å"Some people have lost their income altogether, and others have seen a drop in hours even if they remain employed,† Burtless said. â€Å"It was a double whammy for labor income. † The two trends are especially apparent in California, where the official unemployment rate is 12. 6%. Severe layoffs in early 2009 wiped out 100,000 jobs a month, according to Michael S. Bernick, a research fellow at the Milken Institute and a former head of California’s labor department. The number of people working less than 35 hours a week has exploded. The recession has left 1. 5 million Californians involuntarily working part time, though they are classified as employed. Factor in these involuntarily underemployed workers plus the burgeoning number of discouraged job seekers, and California’s real unemployment rate is 20%. Another difference in this recession — and a likely reason for the high number of discouraged job seekers — is the number of people who have been unemployed for more than 27 weeks. The Wall Street Journal) reports that 7 million Americans have been looking for work for 27 weeks or more, and the majority of them — 4. 7 million — have been out of work for a year or more. California, the number out of work more than 27 weeks is almost 900,000, more than the population of San Francisco. â€Å"That largely reflects how more severe this recession has been than of 1982 and of the 1990s,† said Bernick, who has worked in the job-training field since the late 1970s. Now, although severe layoffs are no longer occurring, hiring has not picked up significantly, the labor market is still very, very slow,† Bernick said. â€Å"Each job (opening) brings tens, usually hundreds, of applicants. † According to (EmployeeIssues. com) â€Å"The unemployment rate does not include workers who are involuntarily working only part time and with fewer benefits, if any, such as no health, disability or life insurance, because they can’t find full-time jobs or their work hours were cut. Counting part-timers and full-timers, the average workweek in December was unchanged from November at 4. 3 hours. Average hourly earnings increased by 3 cents to $22. 78. † The unemployment rate also does not include â€Å"marginally-attached† unemployed workers. The BLS does not count them in the official rate because they stopped looking for work, for reasons such as school attendance, family m atters or their collective perception that there simply are no jobs. The number of involuntarily part-timers was around 8. 9 million in December, down from about 9. 1 a year earlier. The number of marginally-attached unemployed workers was a little over 2. 6 million, up from about 2. million in December 2009. Among the marginally-attached, about 1. 3 million were so-called â€Å"discouraged workers† who gave up looking for work due to their shared perception that there are no jobs, about the same as in November but up by about 389,000 from a year ago. The BLS counted a total of about 14. 5 million workers as unemployed in December, down by 556,000 from November and thus, why the unemployment rate dropped from 9. 8 to 9. 4 percent. The average period of unemployment was 34. 2 weeks, up from 33. 9 in November and 29. 3 a year ago. The number of long-term unemployed workers, those who have been unemployed for 27 weeks or longer, increased from about 6. 3 to 6. 4 million in December, accounting for 44. 3 percent of the unemployed workers that the BLS counted as such. State unemployment benefits typically last only 26 weeks without state or federal extensions. The job growth, while encouraging, did not match economists’ expectation that the nation would have added 150,000 to 200,000 jobs last month. Hopes were high, especially after payroll and staffing firm ADP reported earlier this week the economy added 279,000 last month. We underperformed a bit on the job front,† Donald Klepper-Smith, chief economist at Data Core Partners in New Haven, said of the government report. Job figures and the unemployment rate come from surveys of businesses and households. â€Å"The numbers which carry more weight are the job numbers, by far,† Klepper-Smith said. â€Å"It’s all about jobs, jobs, jobs. à ¢â‚¬  The unemployment rate, meanwhile, likely was skewed by seasonal factors in December, he said, since â€Å"there is no good justification fundamentally for a four-tenths-of-a-point decline. According to the (Examiner. com) one final example of the disconnect between government reporting and the reality of the situation comes in the world of Unemployment Insurance. In many states across the union, unemployment benefits have been extended to unprecedented lengths. In Michigan, one could maintain their benefits for more than two years depending upon their circumstance. However, normal unemployment benefits are granted in intervals of 26 weeks for those who held the same position for one year. Here is the denominator to this equation. Anyone who has been collecting unemployment benefits for more than 26 weeks will not be counted among the unemployed. Thus, those who are still receiving state benefits in their 27th week are considered ‘out of the labor force’ or ’employed’. Explanation of Findings What these findings paint is an unrealistic picture, continuing claims and the jobless rate help provide a snapshot of the overall condition of employment. While the jobless rate can, over time, somewhat track the more prominent unemployment rate found in the monthly labor report produced by the BLS, it has its flaws. The Labor Department provides the following explanation: â€Å"Some people are still jobless when their benefits run out, and many more are not eligible at all or delay or never apply for benefits. So, quite clearly, UI information cannot be used as a source for complete information on the number of unemployed. † That is, they’re not counted as unemployed, but likely would be in the BLS report. Therefore, fluctuations in the jobless rate might not necessarily be reflective of what the trend in the unemployment rate will look like in the monthly labor report. Initial claims data are used to detect emerging employment trends. Outsized gains garner attention because they suggest looming employment weakness, which could spread to the rest of the economy. Outsized decreases imply impending employment strength. This data series is volatile. Extreme weather conditions create commensurate extremes in the data. This can happen for two reasons: either weather conditions prevented people from filing, or it temporarily or permanently put them out of work. Seasonal adjustments sometimes do an inadequate job of capturing seasonal changes. It can take several weeks for the data to be considered representative of what’s really going on in the economy. The unemployment rate is calculated as (# of unemployed people)/ (# of unemployed + # of employed people) as calculated by the surveys run by the Bureau of Labor Statistics (assuming you’re in the US, most developed countries have similar statistical bureaus that run similar surveys). I haven’t checked what the BLS definition is, but in Australia unemployed means that you were actively seeking work or were waiting to start work – the idea being that this excludes people who are unable to work, or retired, or otherwise wouldn’t get jobs even if there were jobs to get. In that sense, the unemployment rate has nothing to do with how many jobs there are out there to lose. However, the movement in the unemployment rate could certainly reduce not because the economy is improving but because it can’t get any worse. Also, there’s some argument over the definition of â€Å"employed†, since international convention allows for anyone who worked at least one hour to count as employed, meaning that people with part-time or casual jobs with very few hours would be able to work more hours if they were available may be â€Å"underemployed† (which is not measured in the unemployment rate). Recommendation for Change There are millions of people out there without jobs, who have exhausted their benefits, who are simply not being counted so the government can look like heroes. I suggest all people who have exhausted benefits write their congressman so they can be counted. If the people don’t speak up, then nothing will be done. Nothing is getting better. There are no jobs (unless you are in the health care field), and the economy still stinks. A simple solution would be for the state to continue having people who are unemployed to claim weeks online even after benefits are exhausted. This would require a simple upgrade to the state’s already-existing database, to include ineligible claimants as well. If all states did the same, a true jobless figure could be attained, and the seriousness of the problem would be brought to light. Corporate outsourcings of American jobs are what have hurt our country’s financial infrastructure, nothing else. If we don’t stop them now, it may not be our country anymore in the future. The people need to wake up and start writing. Don’t believe the drivel they feed us every day! How to cite Skewed Unemployment Rate, Papers

Friday, December 6, 2019

Cultivating Social Resources on Social Network †MyAssignmenthelp

Question: Discuss about the Cultivating Social Resources on Social Network. Answer: Introduction: The overall learning experience was excellent, and it has helped me to develop insight into the concept of social networking in businesses. In the modern era, the competition among businesses in almost every industry has become so intense that companies have started facing issues regarding attracting customers(Chu Du 2013). Furthermore, organizations are also facing challenges regarding attracting the desired volume of sales and profits(Tiago Verssimo 2014). However, it can be critically argued that the development of social networking sites have provided a potential platform to businesses for increasing their sales and profitability. I believe that the learning experience has helped me to understand the significance of social networking in todays competitive era. Furthermore, I have also acquired knowledge about the significant drawbacks associated with the use of social networking. The value of this experience is that it will help me in getting better professional growth opportunities in the future. The use social networking will also support me to generate referrals. It can be expressed that referrals generated through social networking are considered as of high quality and more potential. Explaining the usefulness of learning process The learning experience is useful regarding general life, future career, program, and course. For example, the learning experience has helped me in obtaining good grades in my course. In addition to this, the learning experience has also supported me to complete my entire study program in the best possible manner. The main benefit of this learning is that it has provided me both theoretical as well as practical knowledge about the overall concept of social networking. The learning experience is also useful regarding general life and future career. For example, I will be able to develop better and more productive contacts within the society with the help of this learning experience. Now I am aware of the things which need to be considered and strategies to be used while carrying out social networking. I will be able to gain a respectful place in the society as the practical application of this learning experience will encourage me to help and support others. Concerning future career, it can be expressed that the learning experience will not only provide me with better job opportunities, but it will also help me to get some business opportunities. The chance of getting business opportunities such as partnership, lead generation, joint ventures, increases with the use of social networking. I will be able to enhance the future opportunities of growth and development by using this learning experience in professional life. The main and most significant advantage of social networking is that it helps individuals to exchange new and fresh ideas. The learning experience will allow me to stay updated with regards to changes in my profession and society. The use of social networking will also support individuals to acquire a wealth of knowledge through communicating and interacting with industry experts and professionals(Hohenthal, Johanson Johanson 2014). I will transfer or apply my knowledge and insight in my professions, and I am looking forward to work in the field of marketing. All the learning and knowledge which I have gained through the course will be applied during my activities and operations. Furthermore, I will use of spare time on carrying out social networking. Describe objectively what happened in the learning process I have attended sessions and workshops to gain insight into the overall concept of social networking. I have also got the opportunity to remove my doubts and concern linked with topic during classroom sessions. Apart from this, I have also gained knowledge about social networking by reading newspapers and different industry. The reading habit has helped me learn some practical aspects of social networking. For example, I am now aware of the fact that for professions such as banking, operations, supply chain and marketing, social networking is essential. Furthermore, individuals in the mentioned above professions can face issues regarding getting better growth opportunities due to the negligence of social networking(Rennie Morrison 2013). I have also carried out closed observation of professional using the social networking and the benefits which they are getting from the same. The use of social networking helps in developing strong contacts in the marketplace and thus, assists in the carrying out the smooth flow of all operations and activities(Ellison, Gibbs Weber 2015). I have also watched the videos of industry experts, professionals and have listened to their views and opinions. The leaders and experts explained the disadvantages and advantages associated with the use of social networking in business. On the other side of this, the experts also presented their views regarding the importance of social networking in the modern era. All these things have helped me to develop insight into the concept and how to carry out the practical application of the same. Evaluate what you learn The business research has delivered me with a quality learning experience in both theoretical and practical aspects. The use of social networking channels provides individuals to carry out effective communication with all internal and external stakeholders. In addition to this, I have learned that nowadays the need and demand for social networking among industry professionals is growing at an excellent pace. The advantage of using social networking is that it allows businesses to get access to clients and customers which used to be unavailable or unaffordable at one time(Fox Moreland 2015). However, it can be critically argued that effective management of social networking tools is essential to achieve desired outcomes(Fulk Yuan 2013). The business research was useful in my learning experience as it has helped me to understand the fact that a person increases his/her visibility in the market by using social networking. Nowadays, many individuals and professionals neglect the significance of visibility and standing apart from the competition(Scott 2017). Such kind of negligence directly results in creating obstacles in long-term growth and sustainability of individuals(Leonardi, Huysman Steinfield 2013). I have learned that the use of social networking is essential as there are various benefits associated with the same. I can be evaluated that the learning which I have gained from business research is constructive and will contribute a lot to my professional growth and development in the future. Explain your learning process During the beginning of learning process, I was a bit nervous, and at the same time, I was excited. The reason behind my nervousness was that the topic was entirely new for me and I was not even of the basics. However, I was excited because I knew that I would be able to develop new contacts and knowledge which will help in my future development. The entire program has helped me to establish new connections with the industry experts and my colleagues. I have also acquired knowledge about the current trends in the society. The hypothesis of research was to understand the overall concept and applicability of social networking. Another hypothesis was to identify the advantages and disadvantages associated with the use of social networking. The reason behind doing assignment one and two were to examine and evaluate the overall knowledge which I have gained through the course and program. I have also developed insights about the overall concept of social networking in businesses. For example, the use of social networking can help in creating new doors for growth and opportunities. On the other side of this, it can be critically argued that the use of social networking results in decreasing the face to face communication skills of an individual. At the same time, the concept lacks emotional connect within individuals, and this is another drawback associated with the use of social networking in business. Explain Plan how this learning you will apply The research subject is relevant and very useful in todays competitive era as there are various benefits associated with the same. The concept of social networking is getting more and more important because it offers the opportunity to meet new people and develop better connections in society and industry(Ellison et al. 2014). The research subject is also useful because people are not required to acquire new skills to make use of social networking sites. These sites are user-friendly and thus, can help individuals to develop potential connections. On the other side of this, professional social networking supports businesses to enhance their online presence and visibility(Luo Zhong 2015). Nowadays, many big brands are using social networking sites to carry out recruitment of personnels for the vacant positions in the workplace. Thus, people can get better and potential access to the job market by making use of social networking(De-Marcos et al. 2014). The research subject was also relevant to my course, and it has allowed me to get better grades in my course program. The overall effectiveness and credibility of the course have enhanced because of this research subject. In future, I will be using the entire knowledge and learning in my profession. For example, I will make use of social networking sites to stay upgraded about the industry trends and develop new connections in the industry. I will be actively involved in those social networking sites to gain the best out of these sites. References Chu, SKW Du, HS 2013, 'Social networking tools for academic libraries ', Journal of librarianship and information science, vol 45, no. 1, pp. 64-75. De-Marcos, L, Domnguez, A, Saenz-de-Navarrete, J Pags, C 2014, 'An empirical study comparing gamification and social networking on e-learning.', Computers Education, vol 75, no. 3, pp. 82-91. Ellison, NB, Gibbs, JL Weber, MS 2015, 'The use of enterprise social network sites for knowledge sharing in distributed organizations: The role of organizational affordances. ', American Behavioral Scientist , vol 59, no. 1, pp. 103-123. Ellison, NB, Vitak, J, Gray, R Lampe, C 2014, 'Cultivating social resources on social network sites: Facebook relationship maintenance behaviors and their role in social capital processes', Journal of Computer?Mediated Communication , vol 19, no. 4, pp. 855-8. Fox, J Moreland, JJ 2015, 'The dark side of social networking sites: An exploration of the relational and psychological stressors associated with Facebook use and affordances. ', Computers in Human Behavior , vol 45, no. 1, pp. 168-176. Fulk, J Yuan, YC 2013, ' Location, motivation, and social capitalization via enterprise social networking', Journal of Computer?Mediated Communication , vol 19, no. 1, pp. 20-37. Hohenthal, J, Johanson, J Johanson, M 2014, 'Network knowledge and business-relationship value in the foreign market', International Business Review, vol 23, no. 1, pp. 4-19. Leonardi, PM, Huysman, M Steinfield, C 2013, 'Enterprise social media: Definition, history, and prospects for the study of social technologies in organizations.', Journal of Computer?Mediated Communication, vol 19, no. 1, pp. 1-19. Luo, Q Zhong, D 2015, ' Using social network analysis to explain communication characteristics of travel-related electronic word-of-mouth on social networking sites ', Tourism Management , vol 46, no. 3, pp. 274-282. Rennie, F Morrison, T 2013, E-learning and social networking handbook: Resources for higher education, Routledge, Abingdon-on-Thames. Scott, J 2017, Social network analysis. , Sage, California. Tiago, MTPMB Verssimo, JMC 2014, 'Digital marketing and social media: Why bother? ', Business Horizons , vol 57, no. 6, pp. 703-708.

Friday, November 29, 2019

15 Tips for Getting Hired After the College Graduation

15 Tips for Getting Hired After the College Graduation You’re in a brave new world and searching to get a handle on getting hired after the college graduation. Let’s take a look at 15 tips you’ll be incredibly glad you came across. #1 Job Search Begins on Day 1 If you don’t have a job, then getting one is your job. What’s college for? Getting a job, which is reality means making money. The vast majority of college students are betting (with some serious leverage) on the idea that their education is going to equal a good job down the road. You should start looking for your ideal career on the first day of your freshmen year. Every move you make should be towards that goal. If you don’t know what the goal is, then you should put college off for a year and†¦get a job. Start looking right now. Heres the list of the best summer jobs which can be a good start if you need money right away. #2 Create on Online Presence If you do not have an online presence, even a free ultra-amateurish one, then get on it. No, you do not have to invest tons of time. Simply set up a free blog and a Facebook page. Start there. Online you’re connected to everyone and everything. At this point you need to have one, and being able to network online is a valuable asset. #3 Show Off Your Stuff Don’t be coy, but don’t be ridiculous either. There’s no time to waste. It’s like missing the opportunity to meet an amazing person because you were shy. Life’s too short. Make your move and let your skills sell themselves. #4 Pursue Internship with Clarity Internships are both incredibly worthwhile and hyper-competitive in most cases. Don’t wallow in misery for a year hoping for that ideal internship. Give it your best efforts, but know when to cash in your chips for more readily available career paths. #5 Apply Selectively Don’t shotgun your approach to job applications. Do your homework and only apply to those positions or companies who you can be of the best service to. #6 Hire a Freelancer to Create Your Resume Don’t even think about winging either your hard or soft copy resume. It’s almost an absolute waste of time and you’ll be burning bridges as you go. Instead, spend maybe $50-$100 to get help with your resume from a professional writer. Ideally, one who specializes in writing resumes for your specific career goals (nurses, lawyers, acupuncturists etc.). #7 You’re Always Networking 100% of the time, if you’re awake and breathing you’re networking. It’s a part of life. The difference is that once you’re aware of that, you can then better position yourself to benefit from it. #8 Fix Your Attitude First If you’re life’s not going so well and the job hunt is leaving you empty-handed, the first things you probably need to fix are your attitude and disposition. #9 Come Prepared Don’t show up unprepared if the destination could present potential networking opportunities. Furthermore, if you go to an interview, know everything there is to know so that you’re more likely to impress. #10 Develop a Personal Brand No matter who you are, or what you studied, there are probably lots of people with this knowledge. The ONLY thing that really sets you apart from other candidates is you. #11 Aim for Experience (Wisdom) If you’re alive and above water, then aim for the experience jobs or positions can give you. Not the pay. In today’s world results and experience are worth 100 x what a diploma or degree is worth on the open job market. #12 Sport an Entrepreneurial Mindset It’s an era of the entrepreneur. It really is! The #1 rule of the entrepreneurial mindset is that behind every problem or dilemma is an opportunity. The trick is being able to spot opportunity and needs, and then taking action. #13 Compile an Asset List Sit down and figure out everything you have to offer the world. Write it all down, each thing, no matter how simple. You’ll find that your education and the small amount of things you thought were your only assets, are only a small portion. #14 Optimize Your Efficiency Remember the 80/20 rule. 20% of what you do every day is responsible for 80% of the results you experience. Do you have free time? What else can you be doing? What can you do more of in less time? #15 Throw Conventional Approaches Out the Window Not altogether, just recognize that due to powerful technological and socioeconomic reasons, everything is changing. This includes not only how people look for work, but how they get hired. Use everything at your disposal because in the real world getting ahead is hard. So, how about it, would you alter this list or add to it in anyway? What other tips would you give to the grads that could really use a solid paycheck and a rewarding career?

Monday, November 25, 2019

AIDS, A Global Health Problem essay

buy custom HIV/AIDS, A Global Health Problem essay Description of Global Health Global Health refers to prevalent health problems that go beyond the national borders of any given country such as infectious diseases and some of the insect borne diseases that can easily spread from one country to another. Global Health includes other health problems that have major magnitudes so as to have a global political and economic impact. Description of Acquired immunodeficiency syndrome (AIDS) as a Global Health Problem. Acquired immunodeficiency syndrome (AIDS) is the most advanced stage characterized by occurrence of any of the opportunistic infections or related cancers that occurs when one is infected with Human Immunodeficiency Virus (HIV) that infects and destroys the bodys immune system. This virus attacks vital body immunity cells hence leading to decreased level of the immunity making it prone to other opportunistic infections. HIV is a retrovirus that infects and destroys cells and some of the body neurons hence depleting its immunity(Ltd, 2010). As earlier noted, AIDS is a result of HIV infection. This virus is usually transmitted via sexual intercourse (vaginal, oral or anal) with an infected person; sharing of contaminated needles, syringes, or other similar sharp instruments or transfusions of contaminated blood. It is also transmitted between during pregnancy between a mother and her baby, childbirth or even breastfeeding. But what are the contributing factors that lead to these infections(Ltd, 2010)? There are many social, biological and economic factors that arguably contribute to the infection and spread of AIDS. Amongst the factors that have continuously led to HIV Spread are Gender Orientation, Social Status, and Lack of Information amongst most population. The feeling of Invincibility, Infection with Sexually transmitted infections (STIs) and Alcohol and drug abuse are also some of the factors as articulatd by Patria Rojas et.al. (Patria Rojas, 2011) Justification From the above it is clear that HIV/AIDS is a crosscutting issue whose effects are entrenched to all people and both poor and the rich regardless of their gender. This syndrome therefore has a great impact on the global economic arena and political sphere. But how is HIV/AIDS related with Nursing? On the onset of other opportunistic infections such as TB amongst others, usually at the prevalent final stage, the patient requires a lot of attention and nursing so as to offer them physical, social and emotional attention. Similarly, Aids led to an increasing number of Orphans who after the death of their parents need to be loved and provided with a well balanced stake of life. In such instances, Nurses are very fundamental since they have the professional capacity to offer care to the orphans. Relatives and friends of the infected person are equally prone to emotional and social dysfunctions. Michelle Burden Leslie, Judith A. Stein, Mary Jane Rotheram. (2002), in their journal noted that medications meant to counter opportunistic infections can cause emotional reactions hence affecting the emotional and social development. This may affect the persons emotional life that further spreads to the workplace and other social places. Once diagnosed with the syndrome, initial feeling of shock and denial will most often turn to guilt, fear, sadness and sense of hopelessness. This may lead to withdrawal from the society hence shielding one off the social life. It is at these times that a person will need professional support as well as support from friends and family members. This forms a vicious cycle that touches on the individuals infected and those affected often with negative impacts. (Rotheram-Borus, February 2002).More so, Nursing school are taking the lead in HIV/AIDS researches thus any meaningful development and breakthrough in HIV/AIDS almoost goes hand in hand with the nursing and nurses. Contrast: How Aids is viewed America and in South Africa. HIV/AIDS in America is viewed as a gay and urban problem and disproportionately affects black Americans and Hispanic Americans who exist in both major metropolitan areas and rural areas. (AVERT, 2011)America has acknowledged HIV/AIDS as an endemic and in its fight back have established the National Hiv/Aids Strategy for the United States whose vision is: The United States will become a place where new HIV infections are rare and when they do occur, every person, regardless of age, gender, race/ethnicity, sexual orientation, gender identity or socio-economic circumstance, will have unfettered access to high quality, life-extending care, free from stigma and discrimination It is therefore evident from the above vision statement that the America not only views HIV as a national Health problem but has also put structures such as policies in place to mitigate this problem. In South Africa, a study carried out by Harvard indicated that there were poor policies to mitigate the effects of HIV/AIDS. It further notes that South African government would have prevented the premature deaths estimated at 365,000 people earlier this decade if it had provided antiretroviral drugs(Pride Chigwedere, 2008). Such poor policy managements therefore reflects how the South African Government viewed HIV/AIDS in light weight with one the top government officials, the health minister, Manto Tshabalala-Msimang ridiculing the remedy to HIV/AIDS by suggesting the use of lemon and garlic to cure it(DUGGER, CELIA W., 2008). It is to be noted that the number of people living with Aids was 5.6 Million this being the highest number anywhere else in the world thus South Africa had the Highest HIV/AIDS prevalence rate during this time(UNAIDS, 2010). Buy custom HIV/AIDS, A Global Health Problem essay

Thursday, November 21, 2019

The Apocalyptic Probability Containment Essay Example | Topics and Well Written Essays - 2000 words

The Apocalyptic Probability Containment - Essay Example It also points out the possible remedies that can be implemented so that the depletion rate of the world can be reduced. The main issues that will be discussed in the paper include settlement, alternate means of public transport, provision of alternate energy sources, agriculture, and waste disposal. Introduction The world, as we know it today, is rapidly gaining on an apocalypse. The apocalypse has been depicted in films in a manner that worries us as the inhabitants of earth. Scholars researchers have also given a prediction of how the earth might look after the apocalypse. Wall-E’s film shows a world that reduces to a carcass of a planet after it has been deprived of all the oxygen that it was used to. As disturbing and farfetched as these predictions may be, there lies a sense of reality behind them all. The world today is hungry for resources and will go at any length to get a hold of such resources without having to care about the eventual impact of their actions on the planet. Since the industrial revolution in the 18th century from around 1750, the world has been on a downward spiral accelerating toward a dreaded apocalypse. The revolution cannot be downcast because it saw major changes inflicted in practically every industry. The main problem can be traced to the manner in which industrialization was conducted. No prior strategy was put in place to counter the peripherals of the revolution; the main agenda was to revolutionize the world.The revolution saw the development of urban centers, industries and factories. People were moving to the newly founded centers in such of jobs and wealth. This zeal to be a part of the revolution is what has caused problems that are slowly dragging the world and forming a post-apocalyptic trash site of our highly cherished planet.Because of the revolution, people needed to settle, energy needed to be supplied to the settlers and factories, transport needed to be availed for ferrying both goods and people, waste p roducts needed to be disposed and food supply needed to match the population’s demand. To avoid the seemingly inevitable end of this planet as a post-apocalyptic trash site, we must review, address and reconsider the issues of settlement, provision of alternative energy sources, alternate forms of public transport, agriculture and waste disposal in every corner of the world. How Settlement Can Be Reviewed To Help Contain The Apocalyptic Probability Settlement is the most central issue of all the problems. This is because all the other factors are directly linked to settlement. The people are the driving force of the world. Their innovations and inventions are what have brought change to the world as a whole. The main issue about settlement is the fact that population is concentrated in the urban areas with the suburbs being somewhat marginalized. The technology that is being used in all sorts of settlements seems to be getting out-dated and the impact to the environment are p roving to be detrimental. The best possible solution for settlement in avoiding the disastrous apocalyptic end is developing new cities. South Korea is currently building a self-sufficient city similar to Abu Dhabi’s Masdar city. The city is a high technology and one of its core functions will be learning. The city project has been dubbed the Multi-functional Administrative City-MAC (Dillow, 2010). The idea behind this innovation is to create sustainable cities through technology. This kind of a city will help curb the issue of settlement because it will help disperse or depopulate the densely populated areas. The issue with settlement today is the scarcity of resources and the arguably unmanageable waste disposal. In Portugal, a

Wednesday, November 20, 2019

Australian contract law problem question Case Study

Australian contract law problem question - Case Study Example The offer may be oral, written or implied from conduct. Offers are of two kinds: a specific offer is made to a specific offeree. No one else can accept it. 'If you propose to make a contract with A, then B cannot substitute himself for A without your consent and to your disadvantage, securing to himself all the benefit of the contract': see Pollock, CB, Boulton v Jones (1857)1. A general offer can be accepted by anyone, and usually without prior notification of acceptance: Carlill v Carbolic Smoke ball Co. (1893)2. It was found in Carlil that there was: 'an offer made to all the world'; 'to ripen into a contract with anybody who comes forward and performs the condition'; and that 'as notification of acceptance is required for the benefit of the person who makes the offer, the person who makes the offer may dispense with notice to himself if he thinks it desirable to do so.' In the given situation, Elaine's statement 'I will give that bike to anyone who can fix my neck', was clearly a general offer. However, neither it was shown that Kramer has validly communicated his acceptance to Elaine nor it was shown that the latter has dispensed with the notice of acceptance. Clearly, there was no valid and enforceable contract between Elaine and Kramer considering that there was no agreement between the parties. However, it can be argued that acceptance may be done by positive conduct of the offeree as long as the acceptance must be active and that there must be some positive act by the offeree: Felthouse v Bindley (1862)3. Hence, Kramer may argue that by massaging Elaine, he has communicated his acceptance by positive conduct to Elaine. Furthermore, a valid offer has certain characteristics: certainty (a promise to pay an extra 15 or 10 buy another horse if a horse 'proves lucky to me' is too vague to amount loan offer: Guthing v Lynn [1831])4 and communication (an offer must be communicated to the offeree before it can be accepted.) Thus, if a seaman helps to navigate a ship home without informing the owners in advance, he cannot insist on payment, since the owners have not had notice of his offer, and, therefore, no opportunity to accept or reject it: Taylor v Laird (1856)5. Thus, in the given situation, the promise 'I will give that bike to anyone who can fix my neck' lacks the requirement of certainty. Such promise is similarly too vague as the promise to pay an extra 15 or 10 buy another horse if a horse 'proves lucky to me' to amount to a loan offer: Guthing v Lynn [1831]) In several cases, it has been ruled that preliminary statement may not amount to an offer. An invitation to treat which is a statement that is intended to elicit an offer from someone else has been ruled to have no legal force as the offer it elicits can be accepted or not without obligation: Gibson v Manchester City Council (1979).6 Moreover, a statement of the price at which one is prepared to consider a selling a piece of land or any communication of information in the course of negotiations is a mere preliminary statement which were held not to be an offer. In the given situation, it can be argued that Elaine's statement was a mere preliminary statement which does not constitute a valid offer. Moreover, another requirement in the creation of a valid and enforceable contract is an intention to create legal relations. In an agreement between friends in a domestic arrangements, there is a presumption

Monday, November 18, 2019

Nursing Essay Example | Topics and Well Written Essays - 500 words - 2

Nursing - Essay Example In the process, the researcher will examine the impact of portfolio assessment as a strategy used in promoting the students’ learning. The selection and use of assessment tools can significantly affect the quality of students’ learning. (Biggs, 1999) In order to achieve the best learning evaluation results, teachers should use the selected assessment tools in measuring only the previous learned context. Several studies show that different approach to learning is achieved with the use of different assessment tools format. (Scouller, 1998; Tang, 1994) For this reason, the utlitization of assessment portfolios is considered as a very powerful learning tool considering the fact that it can be used in enabling as well as motivating the students to experience a deeper approach to learning. (Scouller, 1998: 136) constructivist theory of knowledge is defined as â€Å"the act of purposely collecting and selecting the students’ work as a strategic way of documenting the students’ learning process and achievements.† The essence behind the use of portfolio assessment is not achieved from a direct teacher-to-student teaching process but is created by the students themselves as they go through their own learning activities. (Biggs & Tang, 1998) Basically, there are three main processes when using the portfolio assessment technique: (1) there is a need to carefully choose the criteria to be used in assessing the learning of the students; (2) the selection of evidence that is relevant in judging the criteria; and (3) judgment used in determining the extent wherein the criteria is met. (Biggs, 1999: 157) Although teachers could set the assessment criteria such as the course objectives and other necessary guidelines, each student will have an idea with regards to the required evidence of learning that will be used in portfolio assessment. For instance, the topic for the day is about the management of chronic pain associated with cancer. Therefore, the

Saturday, November 16, 2019

Design Stage in Construction

Design Stage in Construction Here I will explain all the relevant stages and factors which need to be taken into account in the design stage of construction in relation to the RIBA (Royal Institute of British Architects) plan of work. RIBA Plan of Work A Inception Client establishes basic requirements, cost ranges, timetables, etc. He appoints architect and principle consultants. Basic project organization is established. Firstly the client will establish the basic requirements, cost ranges, timetables, etc and an architect will be appointed and they will be consulted for his help and professional opinion. The architect will be required to carry out the following jobs. 01 Obtain information about the site from the Client 02 Visit the site and carry out an initial appraisal 03 Assist the Client in preparation of Clients requirements 04 Advise the Client on methods of procuring construction 05 Advise on the need for specialist contractors, sub-contractors and suppliers to design and execute parts of the Works. 06 Prepare proposals and make application for outline planning approval. The architect will need at least one meeting client and will aim to establish the main parts and general outline of his requirements. It is important for the architect to plan his work so that it matches the fees he is receiving. These fees are charged at a percentage of the overall cost of the project depending on the job type. At this stage the main financial concern is limitations. This is where money must not be overspent and prices for materials must stay acceptable. It is important that acceptable methods of communication are discussed during the early stages of the job. B Feasibility The following processes will be carried out at this stage. 01 Carry out such studies as may be necessary to determine the feasibility of Clients requirements 02 Review the Clients alternative design and construction approaches and the cost implications 03 Advise on the need to obtain planning permission, approvals under Building Acts and or other regulations or other statutory requirements. 04 Develop the Clients requirements. 05 Advise on environmental impact and prepare a report In this stage the architect will work out whether it is technically possible to construct the motel on our given site. In order to do this the architect will have to obtain information on costs, detailed information on the site and information on the clients requirements provided at the inception stage. The local authority will be asked to supply us with there standard briefing checklist that will be used to record information. The highway authority will be consulted to carry out checks to determine that there are no problems with access relating to the site. These are all discussed in meetings. Drawings and models will be produced to help determine feasibility. These will be purely visual aids only and will not consist of construction information or details. After the results of the investigations are gathered, the architect will report to the client and say whether or not it is a feasible proposition to meet the client requirements. Brief The brief is the means of communicating the clients requirements to the professionals who will be responsible for implementing the Clients instructions. The instructions may be to a lawyer, an architect, an interior designer, etc. Although there are many forms of brief, the brief for a construction project will be dealt with, in particular, in these notes, but the process and approach is applicable to any brief. The brief should be based on a systematic appraisal of the Clients requirements. The brief should not be based on preconceived ideas or assumptions. The brief may be developed through discussion and negotiation, which are used to clarify and define the Clients needs. The brief will form the terms of reference for the work to be undertaken by the Professional. As a set of instructions, the clearer and the more detailed the information supplied, the greater the probability that the service being provided will fulfil the Clients requirements. Thus it is important that a brief gives very detailed information describing precisely the requirements of the Client. The brief, as well as communicating factual information, it should also define the constraints and criteria within which the professional must work. Such constraints and criteria may be the budget, the time scale, etc. C Outline Proposals The brief is further developed in line with the general approach to layout, design, construction and services. A cost plan is established. The client is asked for his authoritative approval on how to proceed. 0.1 Analyze the Clients requirements; prepare outline proposals. 0.2 Provide information to discuss proposals with and incorporate input of other consultants 0.3 Provide information to other consultants for the preparation of an approximation of construction costs 0.3 A Provide an approximation of construction costs 04 Submit outline proposals and approximation of construction cost for the Clients approval 05 Propose a procedure for cost planning and control 06 Provide information to others for cost planning and control throughout the project 06 A Operate the procedure for cost planning and control throughout the project 07 Prepare and keep updated a Clients running expenditure plan for the project 08 Carry out negotiations with tenants or others identified by the Client Here the architect will relate the clients requirements to the information given in stage B. expert advice from structural and building engineers will be sort. The relevant parties will then discuss the various different options given to us This will help us to determine what type of construction would be best for the site on plot j. now the outline scheme drawings can be prepared. Cost limits of the project will be taken into account by the quantity surveyor, where the architect will help him. Within the cost limits the quantity surveyor and architect will discuss the building standard, which can be provided with these limits. Indication as to when the building work will start on site and when it is to finish, an outline pre-contract programme will be prepared. D Scheme Design The brief is completed and architectural, engineering and services designs are integrated. The cost plan, overall programme and outline specification are developed and planning and other approvals applied for. A report is submitted to the client for his approval. 01 Develop scheme design from approved outline proposals 02 Provide the information to discuss proposals with and incorporate input of other consultant into scheme design 03 Provide information to other consultants for their preparation of cost estimate 03 A Prepare cost estimate 04 Prepare preliminary timetable for construction 05 Consult with planning authorities 06 Consult with Building Control Authorities 07 Consult with Fire Authorities 08 Consult with environmental authorities 09 Consult with licensing authorities 10 Consult with statutory undertakers 11 Prepare application for full planning approval 12 Submit scheme design showing spatial arrangements, materials and appearance together with cost estimate for the Clients approval 13 Consult with tenants and others identified 14 Conduct exceptional negotiations with planning authorities 15 Submit an application for full planning approval 16 Prepare multiple applications for full planning approval 17 Submit multiple planning applications 18 Make revisions to scheme design to deal with requirements of planning authorities 19 Revise planning application 20 Resubmit planning application 21 Carry out special construction research for the project including design of prototypes. Mock ups or models. 22 Monitor testing of prototypes, mock-ups or models. Now the Design Team will prepare a scheme to show parts of the building as to where they go and what they look like. It will also give a brief description of the materials being used. To do this the architect will have to complete his studies to get the ‘user requirements. Specialist firms and the design team will decide materials, finishes and services etc. We will now sort full planning permission and building regulations approval and all effected parties, which will be involved in the site such as highways and drainage, will be notified of our intentions by the local authority. The architect will now require a cost plan, this will be drafted up with the aid of the quantity surveyor. This will consist of an approximate cost of the project and a separate cost for building 3 and 4. this will then be submitted to the client for his approval. The client will be notified that the scheme cannot change once he has given his approval, and if he does so then this will result in the payment of additional fees. E Detailed Design The team designs, co-ordinates and specifies all parts and components, completes cost checks and obtains clients approval of significant details and costs. Specialist tenders may be sought. 01 Develop the detailed design from the approved scheme design 02 Provide information to discuss proposals with and incorporate input of other consultants into detailed design 03 Provide information to other consultants for their revision of cost estimate 03 A Revise cost estimate 04 Prepare Building Notice under building Act and/or Regulations 05 Agree form of building contract and explain the Clients obligations thereunder 06 Obtain Clients approval of the type of construction, quality of materials and standard of workmanship 07 Apply for approvals under Building Acts and /or Regulations and other statutory requirements 08 Negotiate if necessary over Building Acts and/or regulations and other statutory requirements 09 Conduct exceptional negotiations for approval by statutory authorities 10 Negotiate waivers or relaxations under Building Acts and/or regulations and other statutory requirements. In this stage of the process the final drawing will be completed and the specification of the building will be completed. The specification will be done by the architectural technologist. The plan of work will be put together. The bill of quantities will be put together by the quantity surveyor from the specification. Information will be provided for the revision of cost estimation also the authorities will be consulted on developed design proposals. The client will approve to the type of construction, the quality of the materials, the standard of workmanship and revised cost estimation. The client will be advised on the consequences of any subsequent changes on cost and programming. F Production Information The team prepares working drawings, schedules and specifications and agrees with the client how the work is to be carried out. Specialist tenders may be sought. 01 Prepare production drawings 02 Prepare specifications 03 Provide information to discuss proposals with and incorporate input of other consultants into production information 04 Co-ordinate production information 05 Prepare other production information 06 Submit plans for proposed building works for approval of landlords, funders, freeholders, tenants or others as requested by the Client. The Architectural Technologist will put together a specification so a tender document can be produced. The production information will be prepared for tender purposes; also schedules will be prepared for rates and quantities. The architectural technologist must prepare and submit under building acts and regulation for the statutory requirements. Building notice must be prepared and given however this is not so in Scotland. Roles of the Design Team (Task 1B) Everyone on the design team has specific roles that need to be carried out with care. If a role is not carried out to a specific degree of quality then the offender may be liable for any accidents or damages as this is classed as negligence. The client; These are the clients duties however the client may decide to appoint a clients agent. Then the clients agent would carry these tasks out however it is still the ‘client responsibility to appoint a ‘competent agent to do the job. †¢ Appoint a planning supervisor; †¢ Provide information on health and safety to the planning supervisor; †¢ Appoint a principal contractor; †¢ Ensure those you appoint are competent and adequately resourced to carry out their health and safety responsibilities; †¢ Ensure that a suitable health and safety plan has been prepared by the principal contractor before construction work starts; and †¢ Ensure the health and safety file given to you at the end of the project is kept available for use. If you arrange for someone to prepare a design or for a contractor to carry out construction work on the project, you also have duties to ensure they are competent and are adequately resourced to carry out their health and safety responsibilities. The Architect; The architect is responsible for defining and maintaining the structure of the solution, and ensuring that it will meet the requirements. An architect must also help the team to work together in an agile fashion, to jointly own the solution, and to interface well with other parts of the organization. There are five main parts to this: Understanding the requirements identifying the stakeholders, helping to analyze the requirements and extracting those of architectural significance Formulating the design creating a solution structure which will meet the various requirements, balancing the goals and constraints on the solution, Communicating the architecture making sure that everyone understands the architecture. Different people have different viewpoints, so the architect has to present various views of the system appropriate to different audiences, Supporting the developers making sure that the developers are able to realize the architecture, by a combination of mentoring and direct involvement, Verifying the implementation ensuring the delivered system is consistent with the agreed architecture, and will meet the requirements. The Architectural Technologist; Architectural technologists work in building design and construction management teams, working especially closely with architects. They form the link between the architects concept and the completed construction, bridging the gap between the idea of an attractive functional building and the reality of that building performing successfully. They ensure that the right materials are used and that the building meets building regulations and other legal requirements. They also monitor quality assurance, cost and the meeting of deadlines throughout the lifetime of a construction project. Fully qualified members of the Chartered Institute of Architectural Technologists (CIAT) can take total responsibility for the management of a project. The balance of different activities varies according to the kind of projects and the size of the organisation. However, typical work activities usually include: †¢ Meeting with clients and other involved professionals at an early stage to agree the project brief; †¢ Understanding how the design aspects of a construction project influence and relate to performance and functional issues, so that practical questions can be addressed at an early stage; †¢ Evaluating environmental, legal and regulatory issues and advising on these; †¢ Contributing to planning applications and other regulatory application procedures; †¢ Assessing what surveys (e.g. land surveys) are required before work can commence and ensuring such surveys is undertaken and their results fed into the project; †¢ Developing project briefs and working on these as the project progresses; †¢ Preparing and presenting design proposals using computer-aided design (CAD) and traditional drawing methods; †¢ Leading the detailed design process and co-ordinating design information; †¢ Advising clients on procuring the best and most appropriate contracts for the work they are undertaking; †¢ Liaising with appropriate authorities (e.g. planning enquiries and building inspectors) when producing documentation for statutory approval; †¢ Producing, analysing and advising on detailed specifications for suitable materials or processes to be used in construction; †¢ Carrying out design-stage risk assessments; †¢ Administering contracts and project certifications; †¢ Obtaining feedback on work in progress and finished results from clients; †¢ Appraising the performance of buildings which are in use and producing maintenance management information; †¢ Evaluating and advising on refurbishment, re-use, recycling and deconstruction; †¢ Managing the work of trainee technologists; †¢ Contributing to the overall running of business. Landscape Architect; Landscape architects/designers are essentially designers of outdoor spaces, of any land open to the sky, including land lying around and between buildings. They work to ensure that any changes made to the natural environment are appropriate and sensitive, as well as innovative and aesthetically pleasing. Projects can be both urban and rural and range from designing the layout of parks, gardens and housing estates to improving land affected by mineral extraction or motorway construction. The work involves collaborating closely with landscape contractors, as well as other professionals, especially architects, and those working in surveying and engineering functions. Structural Engineer; A structural engineer designs structures that will withstand the pressures they have to endure. These may be buildings, aerials, bridges, oil rigs, aircraft; anything from a playground climbing frames to the tallest building. They develop initial designs, using mathematics to calculate the stress that could arise at each point in the structure, and simulate and model possible situations, such as high winds and earth movements. When construction has commenced, they are often involved in inspecting the work and advising contractors. These engineers often work in partnership with architects. They also examine buildings, bridges and other structures to discover whether or not they are structurally sound. Services Engineer; A building services engineer is responsible for ensuring the cost-effective and environmentally sound design and maintenance of energy-using elements in buildings. They have an important role in developing and maintaining buildings, and their components, to make the most effective use of natural resources and protect public safety. This includes all equipment and materials involved with heating, lighting, ventilation, air-conditioning, electrical distribution, water supply, fire protection, safety systems, lifts and escalators, and even acoustics. Whilst the role increasingly demands a multidisciplinary approach, building services engineers tend to specialise in one of the following areas: Electrical engineering; Mechanical engineering; Public health. Stages of Project Planning Process (Task 1C) Planning Team The project team can be very important and it is essential to show that the team have the relevant experience, skills or training. It is often necessary to employ people who have been associated with similar projects previously. The experts may be expensive or may have limited availability, in which case the expert can be appointed as an advisor and may not have a great input. It is important not to mislead the Client by indicating a greater input than there will be in reality. G Tender Documentation This is the first part of the planning stage. Here, the contract documents have been signed and any matters that have not been signed will be discussed between the architect, the client and the contractor. Both the client and the architect have rights and responsibilities where they must understand their own roles in the project. The client will be the employer and the architect will be the employers agent. Really this meeting will sort out the roles and responsibilities of everyone and a checklist may be used so that nothing is forgotten. H Tender Action Main contract tenders are obtained by negotiation or competitive tendering procedures. The client is asked to agree that suitable tenders are accepted. 01 Advise on and obtain the Clients approval to list of tenderers for the building contract 02 Invite tenders 03 Appraise and report on tenders with other consultants 03 A Appraise and report on tenders 04 Assist other consultants in negotiating with tenderer 04 A Negotiate with a tenderer 05 Assist other consultants in negotiating a price with a contractor 05 A Negotiate a price with a contractor 06 Select a contractor by other means 07 Revise production information to adjust tender sum 08 Arrange for other contracts to be let prior to the main building contract The contractor will be given a list of firms that the architect is considering using including the ones named at the tender stage. The architect must ensure that the contractor has no objections with any of the firms involved. The subcontractors and suppliers will receive letters telling them that they have been successful or unsuccessful. The contractor will then be informed to accept the sub-contractors quotation. When the architect has the meeting with the contractor he must make sure the agreement has been completed the clauses have been deleted from the conditions as appropriate. The signing of the contract includes many operations such as checking the contractors insurance and sending the contractor a copy of the contract. J Project Planning Contract documents are processed. The contractor receives information needed to plan the work. The site inspector is briefed and all roles are defined. The site is made available for work to start. 01 Advise Client on the appointment of the contractor and on the responsibilities of the parties and the Architect under the Building Contract 02 Prepare the building contract and arrange for it to be signed 03 Provide production information as required by the building contract 04 Provide services in connection with demolition 05 Arrange for other contractors to be let subsequent to the commencement of the building contract Production information must be ready for the project meeting. This is the meeting that takes place before any work starts on site. The project information will be made up of two copies of the drawings, schedules and specifications. Copies of statutory approvals and the architect and contractor programme will be needed. K Operations on Site Contract is administered and contractual obligations fulfilled with progress and quality control monitored. Financial control, with regular reports to the client, is maintained. 01 Administer the terms of the building contract 02 Conduct meetings with the contractor to review progress 03 Provide information to other consultants for the preparation of financial reports of the Client 03 A Prepare financial reports for the Client 04 Generally inspect materials delivered to site 05 As appropriate instruct the taking of samples, carrying out of tests of materials, components, techniques and workmanship and examine the conduct and results of such tests whether on or off site 06 As appropriate instruct the opening up of completed works to determine that it is generally in accordance with the Contract Documents 07 As appropriate visit the sites of the extraction and fabrication and assembly of materials and components to inspect such materials and workmanship before delivery to site. 08 At intervals appropriate to the stage of construction visit the Works to inspect the progress and quality of the Works and to determine that they are being executed generally in accordance with the Contract Documents 09 Direct and control the activities of site staff 10 Administer the terms of other contracts 11 Monitor the progress of the Works against the contractors programme and report to the Client 12 Prepare valuations of the work carried out and completed During the early stages of project planning, it is important to identify the resources and schedule for development of the Maintenance Operations Plan. The roles and responsibilities of the various resources must be determined and an overall approach developed. Most project processes will have maintenance and operations equivalents, including change management, governance processes, testing and communications. Employers need to review Project planning elements to determine those needed on an ongoing basis and include them in the Maintenance Operations Plan. A risk assessment will have to be carried out for each operation that will occur on site. This determines what PPE the person will have to wear and how big the risk is of carrying out this operation. A check list will have to be made so that all equipment can be checked over once and a while. For example, the oil level in generators must be checked weekly so that they are able to run smoothly on site. A checklist can be ticked off once the generator has been checked and is in good working order. L Completion Project is handed over for occupation. Defects are corrected, claims are resolved and final account is agreed. Final Certificate is issued. 01 Provide drawings showing the building and main lines of drainage 02 Arrange the drawings of building services installations to be provided 03 Generally give advice on maintenance 04 Prepare drawings for convincing purposes 05 Compile maintenance and operational manuals 06 Incorporate information prepared by others in the maintenance manuals 07 Arrange maintenance contracts This is the stage where the building is handed over to the client so that it can be occupied, rented etc. All remediation is done to any thing thats is wrong within the project. The final account should be signed by the client to say that he is happy and that there is nothing else to be done. The architect also needs to sign it. It also means that everything has been done according to the contract. M Feedback The performance of the building and the design and construction teams are analysed and recorded for future reference. This stage also mentions that after the building has been finished, the architect and the contractor are responsible for any failures that may occur to the building in the near future. However, it is obvious that if the failure occurs in the far future then this not their responsibility. At the end of this stage there are many questions asked. These include things such as, Did the contractor work well? Does the building function properly? Did the design process work smoothly? What does the client think of the building? Factors that effect planning decisions (Task 1C) There are many things that need to be taken into consideration when making planning decisions, all projects produce different factors to be considered such as the following; Budget Availability of materials Availability of workers (Hiring sub contactors) Weather The Planning (conservation areas listed building areas) act 1990 The Town and Country Planning Act 1990 Restrictions on the land/local area Usage of development Surrounding infrastructure Existing Access Who will be using the facility e.g. old people or disabled Demands of the client Building regulations How to overcome these factors 1) Analysis of the Problem Breakdown the problem into simple components which may be easily managed. Create a flowchart in the form of a decision tree. Each stage of a project and all possible options are shown so as to produce a series of outcomes. 2) Assessment of Outcomes. This is based on utility (the relative desirability) which is assessed for each possible outcome. The criteria are listed and their relative importance is evaluated. Each outcome is assessed against each criteria and then is evaluated by summing its utility score against each criteria weighted by the relative importance of each criteria. 3) Assessment of Probabilities. The alternative outcomes of each decision stage are allocated probability of the likelihood of their occurrence. These are subjective assessments, but experience is used to lend some objectivity. 4) Determining Optimum Path The optimum path through the decision tree is determined by working backwards from the final outcome and calculating the expected (weighted average) utility of each event node. Where several activities enter an activity event node, the path with the highest utility is elected and the others are eliminated. The best path through the decision tree is found. 5) Sensitivity Analysis Important elements of the decision tree should be assessed by applying a range of values to determine the effect. Decisions to be made for this project (Plot J) Budget The budget for the project and the program for implementation will be very difficult to ascertain at this early stage, but if some indication can be given and an approximate cash flow, it could be very useful to the Client and would indicate our understanding of the project. In order to ensure my project comes in on budget I will be employing a skilled and experienced quantity surveyor. This is because there is a big difference between estimated costs and true costs, which would be calculated to a degree of accuracy by the quantity surveyor. Budgets for the professional fees and programs for the professional services would also be useful. Green Field site As our site is situated on a â€Å"green field site† then there will be certain implications which may hamper the development. Once land has been converted to development, it is unlikely to ever be converted back to Greenfield use Destruction of the natural habitat of some animal and plant species Loss of agricultural land results in loss of production and loss of employment Reduction of or complete loss of amenity or recreation value Negative effect upon transport and energy use Loss of the gr