Contract laws in employment: A case study

195446 Title: Employment Law George worked at rug universe as an helper director. He had been at that place for four old ages and had ever hoped to startup his ain rug concern if the chance arose. His subdivision one statement stated his hours as 40 hours per hebdomad, with two or three yearss off per hebdomad, capable to the operational demands of the employer. his missive of assignment stated, â€Å" you will be expected to work a sensible sum of weekends but this should non usually exceed two weekends in four and a upper limit of four weekend yearss per month. for the last six months, George has worked on mean three weekends in every four, and some weekends he has had to work both Saturday and Sunday. he wants to kick about this, but is diffident how to. Last hebdomad George was told that there was an probe into stock loses, and that he was being suspended. He was told to go to a meeting the following twenty-four hours. The meeting lasted about 3 proceedingss, and he was told that the g rounds was pointed to him, but was non given any inside informations of it. He believes he is being used as a whipping boy, because he has non taken any stock. He admitted to you that he had taken information from the selling files and transferred it onto phonograph record, with a position to puting up his ain concern. He has besides approached his co-workers Jack and Andy who work as rug fitters. they have agreed that they will fall in him when the concern is set up. George intends to put up a rug cleansing concern utilizing the client base of rug universe. His contract contains the undermentioned clauses. ( I ) The employee may non beg fellow employees for a period of six months following expiration of his contract. ( two ) The employee may non utilize information belonging to the concern for any intent other than to carry through his responsibilities under the contract. All information belonging to the concern is regarded as so extremely confidential that it amounts to a trade se cret. ( three ) The employee may non work in a viing concern for one twelvemonth within a radius of 70 stat mis following expiration of his contract. 1. Explain what George should hold done if he was unhappy with the weekend working? 2. Could the company rely on the fact that for over 6 months he has worked extra weekends, and argue that the contract was varied with his understanding as a consequence? 3. Can George claim unjust dismissal? 4. What may go on if they find out about his programs to put up his ain concern? 5. Will the restraint clauses be enforceable here? Get downing with the issue environing the demand to work on weekends an analysis of George’s contract provinces that he is required to work a sensible sum of weekends which will usually non transcend 2 weekends in every 4 hebdomads and will be a upper limit of 4 weekend yearss per month. It has been stated in this scenario that George has in fact been working three weekends in every four for the last 6 months and has besides worked both Saturdays and Sundays on some of those weekends. To be able to rede George as to how he should cover with this affair it is necessary to look at the relevant statute law in this country and besides statute law in regard of employment contracts. There besides needs to be an scrutiny of the jurisprudence sing Sunday work. In general footings if the employment contract states that weekend work is a necessary necessity of the function so the employee will be made to work at weekends. If the contract does non specifically province that the employee will be required to work on a weekend so if the employee garbages and is dismissed for declining the employee would be able to claim unjust dismissal [ 1 ] . Particular regulations can use for certain workers in regard of the enforceability of doing them work on a Sunday. Employees who are shop workers or work in the betting industry can hold particular protection from being force to work on a Sunday [ 2 ] . This ability to decline to work on a Sunday for those mentioned above applies even if the employment contract specifically states that the employee will be required to work on a Sunday [ 3 ] . When engaging an employee who can be exempt from Sunday work the employer is under a responsibility to state the employee about the right to decline to work on a Sun day within two months of the beginning of the employment. To choose out of working on a Sunday the employee must give the employer three months notice of their purpose to halt working on Sundays. This must be done in composing [ 4 ] . An employer is under no duty to offer the employee alternate hours of work in topographic point of the Sunday responsibilities [ 5 ] and employees declining to work on Lord's daies are likely to happen themselves losing the rewards they would hold received had he worked [ 6 ] . Employers are non allowed to handle employees unfavorably because they have opted out of working on a Sunday. If an employee is dismissed for declining to work on a Sunday he will be entitled to claim unjust dismissal [ 7 ] . In order for the employer to alter the on the job hours of the employee and new contract would hold to be issued, which would so necessitate the consent of the employee before it could be enforced. In Robinson v Swallowfield Consumer Products [ 8 ] the tribunal allowed the entreaty where two of the employees refused to subscribe the new contract issued by the employer designed to change their working hours. The tribunal stated that there should be a grade of flexibleness in the displacements offered and that disregarding the complainants for declining to subscribe the new understanding could amount to unjust dismissal. Similarly in Headley V Copygraphic Ltd [ 9 ] the tribunal found that the complainants had been wrongly dismissed for declining to alter their working hours. In Gillanders v Riding Hall Carpets [ 10 ] the complainant won a claim for unjust dismissal when his employer introduced a new Rota system which required the complainant to work at weekends. The tribunal held that the complainant was entitled to decline the fluctuation in hours. A farther point raised by the inquiry is in relation to the figure of hours that George is working per hebdomad. In his contract his declared hours are 40 hours per hebdomad. It would look from the above that George has been working in surplus of this figure of hours for the last six months. Carpet universe could be in breach of the Working Time Regulations 1998 Reg 4 [ 11 ] and the Working Time Directive 93/104 Art 6 ( 2 ) if he has been working more than 48 hours per hebdomad [ 12 ] . In this peculiar state of affairs if George should hold spoken to his employer and pointed out that under his employment contract he was merely expected to work 2 weekends in every four and that the maximal figure of weekend yearss he would be required to work was four a month. He could reason that necessitating him to work more than the in agreement sum was a breach of the employment contract and he could decline to make the excess hours. If the employer dismissed him for declining so George would be entitled to claim unjust dismissal as mentioned in the instances supra. As besides discussed above as George is a store worker he could choose out of Sunday work if he so wished. To make this he would hold to subject notice to his employer in authorship of his purpose to choose out. The employer could non so implement the weekend working regulation in regard of Sunday work against George. George could take a firm stand on working no more than the in agreement 40 hours a hebdomad unless he has signed an understanding under the Working Time Directive 93/104 to work a upper limit of 48 hours. If the employment contract states that the on the job hours can be variable the employer would non necessitate the understanding of the employee before changing the hours. If the hours are fixed hours and the employer wishes to alter these there must be an understanding between the employer and the employee. Such alterations should so be incorporated into a new contract of employment. An employer can avoid a claim for breach of contract if he can non make an understanding with the employee with respect to altering the on the job hours. He can accomplish this by ending the original contract of employment and offering the employee a new contract on the new footings. The expiration of the contract will be regarded as a dismissal which would let an employee who objected to the alteration in the working hours to prosecute a claim for unjust dismissal or constructive dismissal if appropriate. If any employee does non object to a alteration in the working hours and continues to work the new displacements they have been given an illation will be drawn by the tribunals that the employee has acceded to the alteration in the working hours. Where the employee works the new hours but under protest so the employee will still be entitled to claim for breach of contract at a ulterior phase as they have non accepted the fluctuation in their hours even though they have continued to transporting on working those hours. In this peculiar instance the tribunals may good make up one's mind that every bit George has non objected to the alteration of hours and has worked the new hours for a period of six months that he has accepted the new hours. If he can abduce grounds to demo he has objected to the new hours but still worked them so he would be entitled to purse an action for breach of contract. When looking at whether George can claim for unjust dismissal it is necessary to analyze the allegations being made by the company and whether they adhered to the right process for disciplinary proceedings. Under the Employment Act 2002 ( Dispute Resolutions ) Regulations 2004 [ 13 ] amendments were added to the Employment Act 2002 doing it a direct demand that employers must hold a disciplinary process in topographic point that meets the demands laid down by the Regulations [ 14 ] . Under these ordinances an employer must supply in composing the alleged behavior or fortunes complained of that has led to the employer taking such action [ 15 ] . A transcript of the statement should be given to the employee and he should be invited to a meeting to discourse the affair [ 16 ] . The employee has to be given a sensible chance to see his response to the information given [ 17 ] . It would look from the information above that the company have non followed the right process for disciplinary action which would intend that George would be entitled to claim for unjust dismissal [ 18 ] . The company could reason that the pickings of the information from the selling file and puting this onto a phonograph record is a direct breach of the employment contract. This would be peculiarly applicable if carpet universe discovered George’s programs to put up his ain concern. The clause of his contract states that he can non utilize the concern information for any other intent than to carry through his responsibilities under the contract. By George utilizing the information with a position to puting up his ain concern it could be viewed that he has stolen information which is extremely confidential from the concern and that such information would be classed as trade secrets [ 19 ] . If the company became cognizant of this they could prosecute an action against George for breach of contract [ 20 ] . They could utilize this breach to disregard George from their employment as he has accessed trade secrets for his ain personal usage. It is by and large accepted by the tribun als that restraint clauses sing the usage of confidential information are a necessary necessity in a concern and are hence adhering on an employee [ 21 ] . In regard of the restraint clauses at that place needs to be an scrutiny of the usage of such clauses to make up one's mind whether these can be enforceable against George. Restraint clauses are often incorporated into contracts of employment and as such are likely to be treated by the tribunals as adhering [ 22 ] . In the instance of Dawnay, Day & A ; Co Ltd & A ; another V D’Alphen & A ; Others [ 23 ] the tribunal reached the decision that the usage of restrictive compacts was lawful. The facts of this peculiar instance are really similar to the state of affairs of George in that the complainant had placed restrictive compacts into the contract of employment to the consequence that anyone go forthing the company could non fall in a similar company or put up their ain concern in a similar trade to that of the complainant. If these clauses had non been in the original contract of employment and had been incorporated into the footings of employment at a ulterior clip the compacts would merely be adhering if the employee signed the new understanding.In the instance of Willow Oak Developments Ltd ( t/a Windsor Recruitment ) V Silverwood & A ; Ors [ 24 ] it was held by the tribunal that the dismissal of employees for declining to subscribe the new contract incorporating the restrictive compacts was unjust. They held that the employees should be entitled to reinstatement or compensation. It would look from the above that rug universe would be able to prosecute an action for a breach of the compacts if he continued with his program to put up his ain concern after go forthing the company. George could merely avoid such action if he refrained from similar work for the following twelvemonth or if he set up a similar concern outside of the in agreement radius. If George did put up a new concern outside of the radius he would still be prevented from using any staff working for rug universe for the first 6 months of his new concern as the compact prevents him from beging fellow employees within that clip span. If George adhered to the contents of the restraint clauses he would be able to put up his ain concern without action being brought against him. Bibliography Berry, A,Covering with your Judgment of dismissal in One Week,2000, Hodder & A ; Stoughton Inns of Court Law School,Employment Law in Practice,7ThursdayEd, 2006, Oxford University Press Painter, R & A ; Holmes, A,Cases and Materials on Employment Law,2006, Oxford University Press Rich, M, Edwards, I, Mead, H,Mead’s Unfair Dismissal,1994, Sweet and Maxwell Employment Law Journal 2006, vol 73 ( Sep ) , 9-11 Table of Cases Brake Bros Ltd V Ungless [ 2004 ] EWHC 2799 Canadian Worldwide Express V Smith [ 2005 ] EWHC 671 Corporate Express Ltd v Day [ 2004 ] EWHC 2943 Dawnay, Day & A ; Co Ltd & A ; another V D’Alphen & A ; Others [ 1997 ] EWCA Civ1753 ( 22 Gillanders v Riding Hall Carpets [ 1974 ] I.R.L.R. 327 Headley V Copygraphic Ltd [ 1996 ] C.L.Y. 2627 Leeds Rugby Ltd v Harris [ 2005 ] EWHC 1591 London Borough of Lambeth & A ; Ors v Corlett [ 2006 ] UKEAT 0396 Lynch V Bromley Arts Council Employment Appeal Tribunal 13 February 2007 May 1997 ) McLean V Rainbow Homeloans Ltd [ 2007 ] I.R.L.R. 14 Odoemelam v Whittington Hospital NHS Trust Employment Appeal Tribunal 6 February 2007 Robinson v Swallowfield Consumer Products Employment Appeal Tribunal 29 March 2000 Sayers v Cambridgeshire CC [ 2006 ] EWHC 2029 [ 2007 ] I.R.L.R. 29 Spencer Jones V Timmens Freeman [ 1974 ] I.R.L.R. 325 UKEAT 0005 Thomas V Farr Plc [ 2007 ] EWCA Civ 118 Times, February 27, 2007 Weir & A ; Anor ( The Firm of Brae Cottage Residential Home ) v Stewart [ 2006 ] Willow Oak Developments Ltd ( t/a Windsor Recruitment ) V Silverwood & A ; Ors [ 2005 ] UKEAT ( 20 October 2005 ) Table of Legislative acts Employment Rights Act 1996 Employment Act 2002 Working Time Regulations 1998 Working Time Directive 93/104 Employment Act 2002 ( Dispute Resolutions ) Regulations 2004 1

Examining the Constitutionality of the Louisiana Purchase Essay

The acquisition of the Louisiana Purchase caused a political debate of the constitution in the early United States government. There was a difference of opinions between politicians including Thomas Jefferson and Thomas Paine. Many believed that the provisions outlined in the United States Constitution should be strictly followed, but others believe that the Constitution was open to interpretation. These differences of opinion over the interpretation came into play when Jefferson made the Louisiana Purchase with France. Jefferson was a staunch Federalist who believed in applying the words of the Constitution verbatim. However, Jefferson would later justify a broader interpretation of the Constitution based on the argument that the acquisition of the Louisiana Purchase would solidify the safety, security, and unity of the young United States. Spain had a contract with the young United States that they would share use of this major port for both imports and exports. Theriault states, à ¢â‚¬Å"Americans much preferred Louisiana in the weaker and more benign Spanish hands.† (Theriault 297). However, Spain sold this territory to France. As a result, the United States lost access to a major trade route and citizens lost their businesses and goods. Jefferson recognized that the port of New Orleans was vital for the United States’ economic success and power. France was going to use the land to form a sugar empire. Having access to the Mississippi River would give France an advantage over the United States and other countries. Harriss explains, â€Å"When Jefferson heard rumors of Napolà ©on’s secret deal, he immediately saw the threat to America’s Western settlements and its vital outlet to the Gulf of Mexico† (Harriss). The Louisiana territory would also provide France with a geographical advantage over the United States should any tensions occur in the future. Theriault states, â€Å"Federalists could explain their strident view in p rotecting the West as an outgrowth of their strong defense policies† (Theriault 304). Additionally, the Louisiana Purchase would also ease current tensions between France and the United States, preventing a possible  war. Jefferson also supported his decision in buying the Louisiana Purchase on the basis that it would provide additional land for the United States. This land could be used for western expansion as the population of the young country continued to increase. Thomas Paine was one of the main politicians who voiced concern over the religious differences between the populations of the current United States and those that would inhabit the new territory. It was a problem of national unity. He was concerned over how the United States would add those who already resided in the territory. These inhabitants had gone through a transfer of power and control from Spain, France, and now the United States. The religions worshiped by these inhabitants were based on the prior countries that held control. Paine was very concerned by this because the territory had a large population of Catholics, whereas the majority of the United States was Protestant. These inhabitants had also been in control based on rulers based on divine right. Paine was concerned with how the newest citizens of the United Stated would accept the Constitution, based on a separation between church and state. Despite these concerns, Paine did acknowledge that assimilation would be su ccessful, but it would take time. The Louisiana Purchase marked the beginning of a debate over interpretation of the Constitution that still goes on today. Jefferson himself argued that â€Å"a president could step outside the Constitution but only with the knowledge and consent of the people for whose benefit the Constitution was framed and adopted† (Bernstein). While not directly stated, Jefferson’s actions could be supported by a broad interpretation of the tenth amendment. The tenth amendment states, â€Å"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people† (National Archives). This amendment justifies the acceptance of Louisiana as a state within the United States. It also addresses the rights of the people residing within Louisiana as citizens. The tenth amendment provides a solution over the concerns of Thomas Paine. Jefferson’s actions prevented possible conflict between th e United States and France, using executive powers to ensure the safety, security, and unity of the United States. Works Cited Bernstein, R.B. â€Å"Thomas Jefferson and Executive Power.† Journal of the Early Republic, 30.1 (2010): 139-142. Web. 27 Jan. 2013. Harriss, Joseph. â€Å"Westward Ho!† Smithsonian 34.1 (2003): 100. MasterFILE Premier. Web. 27 Jan. 2013. National Archives. â€Å"Bill of Rights Transcript.† The U.S. National Archives and Records Administration. Web. 27 Jan 2013. Theriault, Sean M. â€Å"Party Politics During The Louisiana Purchase.† Social Science History 30.2 (2006): 293-324. Academic Search Complete. Web. 27 Jan. 2013.

Analyzing The Moral Panic Of Media Media Essay

Analyzing The Moral Panic Of Media Media Essay Thompson(1998) describes 5 key elements in a moral panic. It is something or someone who is defined as a threat to values and interests; the threat is depicted in an easily recognisable form by the media, with use of aspects such as Exaggeration, distortion, prediction and symbolisation. This then causes a rapid build up of public concern. Newspaper coverage and news broadcasts are commonly known to exaggerate issues in society which then encourage the public to react timorous to the concerns. Lastly, moral panics are continuously used to result in; a response from the authorities or opinion-makers. Thus, this included changes made evident from law enforcement, the councils and general charity organisations. The final element is that panic recedes or results in social changes. There are many issues that are often subject to moral panics such as Youth Crime/Gun Crime, Binge Drinking, child abuse, sex and violent behaviour, drug abuse, paedophilia, the law and asylum seekers and immig ration policy. A moral panic can be defined in several ways, one definition is a kind of short-hand for public hysteria, by definition irrational, and is almost always held to be indicative of someone elses behaviour rather than our own (Critcher, 2003). The media directs its judgments and perspectives at members of society that are classed as unacceptable or deviant. In his book Moral Panics and the Media, Chas Critcher explains that Moral panics involve a  ¿Ã‚ ½heightened level of concern over the behaviour of a certain group or category and the consequences that the behaviour presumably cause for the rest of society(Critcher,2003,pg 23). A moral panic must be manifested in concrete ways in other words there must be a public commentary in the form of media; such as newspaper coverage and news broadcasts. In relation to Thompsons description the media then proposes legislation and social movement activity. The media is acting as a voice for the public; some may argue that it offe rs biased/distorted views of issues which therefore cause a moral panic. Conversely, it can also be argued that the media plays a crucial role in establishing a moral panic as a way of creating awareness to the public; thus without media involvement this is not possible. A key subject that is continuously making heavy appearances in tabloid newspapers and news broadcasts daily; is Gun/Knife crime which is commonly affiliated with youth culture/youth gangs. To understand how Thompsons, Critchers and other theorists concept of moral panic works, analysis of media coverage is critical. The media has developed and distorted representations of British youth for a long time, and certain coverage in British cinema, documentaries, press coverage and broadcasting have made it evident that the representation of  ¿Ã‚ ½youth ¿Ã‚ ½ is seen as a threat to many. However the coverage differentiates from different forms of media. The coverage of moral panics in broadcasting differs to press; tel evision news broadcasts, are described as unbiased and therefore have a minor affect on moral panics as the impact might have not been on such a large scale. However in major moral panics they tend to have the same large amount of coverage on daily.

Critically discuss the similarities and differences between the Great Essay

Critically discuss the similarities and differences between the Great Irish Famine and recent famines of Africa and Asia - Essay Example This definition focuses on the failure of that particular region to deal with the symptoms of famine. It also focuses on the role played by the market; accounting for changes in market demands which hence impacts what happens in the local markets. Many of these regions hit by famines are particularly sensitive to world prices, mostly because they themselves are very small and so cannot influence prices. What is lacking in this definition however is that it does not explain clearly that famine is the end product of a long process whereby people slowly lose access to food. Another aspect lacking in this definition is that it does not explain the breakdown of social support systems, where reciprocity and goodwill slowly start to disappear under the increasingly stressful system. While high death rates are what mark a famine, the increased disunity and societal collapse are inevitable end results of this phenomenon. Atkins (2009) discusses how difficult it is to define the term famine. I n order to measure this phenomenon, he argues that the intensity of it would be looked at. Devereux (1998) looks at two other perspectives on what famine is. One view sees famine as a natural disaster; the result is a lack of food and the cause is failed policy measures by the state or market interventions that were unable to achieve the purpose it had intended. The other definition does not include famine as a natural occurrence. Rather, it sees famine as resulting from successful policy measures by the state – it views the state as essentially repressive and as wanting to keep a tight control over its population. Also, this view on famine blames the international community as being opportunistic and apathetic, helping only when an internal benefit to itself is seen. The former definition is an outsider perspective, arguing that the cause of famine lies in the food distribution system and has nothing to do with repressive political regimes

The impact and clinical outcome of the preoperative screening Dissertation

The impact and clinical outcome of the preoperative screening investigations in individuals going in for elective surgeries - Dissertation Example This is because, surgery is always associated with some risk for the patient, both due to the procedure and due to the anesthesia administered for the procedure. Whatever be the level of risk, due to medico-legal implications, every anesthetist performs a detailed evaluation of the patient prior to shifting to operating room. Evaluation includes detailed history taking pertaining to the present disease, past diseases, medications that the patient is taking, known allergies to any drugs, family history of any significant health ailments and personal history like drugs, alcohol and smoking. Evaluation also includes review of previous investigations, detailed physical examination and laboratory testing. In many parts of the world there are protocols for routine laboratory testing like complete blood picture, serum electrolytes, BUN and creatinine, liver function tests, urine analysis, chest X-ray and electrocardiogram (Garcia et al, 2003). However, there are reports and more and more st udies are pointing to the fact that these routine investigations have no role in ascertaining fitness for surgery in otherwise healthy individuals posted for elective surgery. The experts are of the opinion that investigations must be considered only on individual basis because; the percentage of abnormal reports from the tests are minimal and even when abnormalities are detected is no change is done in the perioperative management of the surgical patient. Another important aspect of routine testing is that it does not stratify and predict perioperative complications (Narr et al, 1997), thus, defeating the very purpose of preoperative testing. They are also costly and add to health care (Narr et al, 1991). In this review, the impact and clinical outcomes of preoperative screening investigations in otherwise healthy individuals posted for elective surgery will be discussed through review and critical analysis of suitable literature. Aim The main aim of the study is to ascertain the o utcome of routine preoperative testing in otherwise healthy individuals for elective surgeries. Objectives The objectives are to study the impact and outcomes of routine preoperative testing in terms of change in case management based on abnormalities, percentage of abnormalities identified, cost to patient and health care system, iatrogenic injury and to understand guidelines for preoperative testing in healthy subjects. Materials and methods To find pertinent literature studies, the initial literature searches progress was conducted in the various databases, Blackwell-Synergy, CINAHL, CMJA, Cochrane, EMBASE, Health Reference Center Academic, Internures, MD Consult, Mosby’s Nursing Consult, Proquest5000 and ScienceDirect. It was found that numerous articles were available. In order to further analyse manageable number of the quality and acceptability of the research articles, inclusion criteria were conducted in the following search strategy. The applicable key terms were co mbined with using thesaurus, truncation, Boolean operators and other limit, such as a language, subject fields of journal and years of publication in the search strategy. For example, â€Å"preoperative†, â€Å"preop†, or â€Å"screening for surgery† combined with â€Å"investigations†, â€Å"laboratory tests†, â€Å"tests†, or â€Å"assessment† as title and text words were utilised in the search strategy. Also, it includes studies published from 1985 to 2011, health, medicine and nursing fields and English language articles. Thus, several relevant

Petit Verdot - Red Wine Grape Essay Example | Topics and Well Written Essays - 1250 words

Petit Verdot - Red Wine Grape - Essay Example The distinct nature of this wine is its inherently tart taste. This is of course the direct result of the high levels of tannin that are represented within the fruit itself. As a function of the fact that the wine is red, a large component of the color as well as the taste is concentric upon the level to which the grape skin itself is involved in the process of creating the juice which will in turn be fermented (Cejudo-Bastante et al 2011). Likewise, as tannin usually specifically resides within the skin of the grape, a process that is heavily intensive on using the skins to differentiate the wine will likely lead to a darker and more tart rendition of the wine as compared to a process that does not extensively uses these tannin-laden skins (Bird 2011). Although many authors belabor the point with regards to tannin, complaining that too much causes a bitter and or unpalatable wine, this is not the case with petit verdot, as experienced by this author. Although the bottle that was sam pled exhibited a distinctly bitter aftertaste; however, this was not so much the case that a meaty food paring such as veal or a type of gamey fowl could not easily compliment this (Herdenstam et al 2001). Critics have claimed that the wine exhibits elements of flavor similar to an aged leather, banana chips, and/or pencil shavings. The personal experience of this author noticed that of these three distinct tastes, that of pencil shavings mixed with a distinctly floral aftertaste was what most defined the wine when sampled by itself. Having done a fair amount of research into this specific wine prior to actually buying a bottle to sample, I had come to the realization that the best food combinations would be concentric around very earthy and hearty standard fare as a way to counteract the nature of this particular wine. It is necessary to note that although petit verdot is a particular type of grape, it is almost always used as a way to differentiate a certain way (Martinez-Gil et a l 2012). In other words, elements of petit verdot are often added to a given wine as a way to give a more full body and varied or nuanced taste. Alternatively, fire scorched and grilled foods also help to differentiate the taste of the food when paired with petit verdot. Due to the particular nature of the fruit itself, it is amenable to being used in this complimentary way due to the fact that by itself it would likely be considered to be too tart for normal consumption and individual food pairings. What is equally interesting about this particular wine is the fact that due to the fact that it is neither widely known nor popular, food parings is not an issue that has been fully developed as compared to other much more popular and well known varieties. It was precisely this approach that this author has chosen to take with respect to pairing the wine with the best available food. As a way to enhance the experience, this author set out to cook a meal that would help to bring out the well-balanced nature of the wine as opposed to many of the more harsh attributes that many wine critics seem so oddly fixated upon (MacNeil 2001). In this way, a meal was prepared that featured grilled duck filets along with a medley of seasoned vegetables with grilled corn prepared on the same grill as the

The Bill of Rights Research Paper Example | Topics and Well Written Essays - 500 words

The Bill of Rights - Research Paper Example Origins of Bill of Rights Delegates from thirteen new American states drafted the Constitution in 1787 (U.S. Department of State). It provided the â€Å"blueprint† on the structure and functions of the government, but lacked a specific outline of human rights (Department of State). Virginia delegate George Mason stressed in one of his writings: â€Å"The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree† (U.S. National Archives and Records Administration [NARA]). Mason wrote the Virginia Declaration of Rights that inspired Thomas Jefferson in preparing the Declaration of Independence. Mason left the convention very dissatisfied, because it lacked a declaration of rights (NARA). Soon, George Mason's opinions affected the assembly and a heated discussion on the Bill of Rights began. When James Madison first wrote the amendments to the Constitution, which constituted the Bill of Rights, he depended a great deal o n the Virginia Declaration of Rights. The Bill of Rights represents the authoritative statement of many American of values: â€Å"the idea that the individual is prior to and takes precedence over any government† (NARA; Zinn).

Becoming agile through mindfulness Dissertation

Becoming agile through mindfulness - Dissertation Example Organizations dealing with information systems development (ISD) have started shifting to agile methods. This has been necessitated by the fact that the previous traditional methodologies, such as waterfall methodology, have been restrictive in terms of processes and extensive planning (Lee & Xia, 2010). The agile manifesto has been derived from the following four main tenets; interactions and individuals over roles and processes, contract negotiation through customer collaboration, response to change over plan following and a working software rather than an exhaustive documentation. Through these four doctrines, the agile manifesto came up with 12 principles that have led to the creation of different other methodologies. Such methodologies as XP (eXtreme Programming), FDD (Feature Driven Development), DSDM (Dynamic System Development Method) and Scrum have had lots of support from leading industry practitioners. Agile practices can be fused with mindfulness to ensure effective deliv ery of software applications to customers. Mindfulness involves attention to changes and the surroundings during the software development process (Argote, 2006). Through mindfulness, it is possible to achieve a certain degree of flexibility that allows an organization to be strategically at an advantage compared to the others. Literature Review Agile Global Information Systems Development (GSD) Many Information Systems Development Companies are migrating to Agile methods as a way of coping with the increased demands placed on such organizations. Most of them have gone further ahead to introduce a substitute solution, Global Systems Development (GSD). This alternative has resulted in numerous benefits including an increased potential for innovations, reduced costs of software development, large pools of talent, reduced proximity to markets or clients, transfer of knowledge, division of work across sites and reduction in duration for developing the software especially due to the effec tiveness in time zones (Conchuir, Agerfalk, Olsson & Fitzgerald, 2009). According to Carmel and Agarwal (2001), firms and organizations should be well aware of challenges posed by the implementation of such methodologies. Just like Agile methodologies this area has not been well researched. The little research that exists on this area represents problem reports rather than extensive research that provide solutions in terms of significant techniques and practices (Smite, Wohlin, Gorschek & Feldt, 2010, p. 91). However, developing distributed or global software development through the use of Agile methods has been an area of great interest (Agerfalk, Fitzgerald & Slaughter, 2009). Such collaboration between distributed development and Agile methods has been conceptualized due to the capability that is produced when the two are fused together (Ramesh, Cao, Mohan & Xu, 2006). According to Turk, France and Rumpe (2002), such collaboration was regarded as highly unlikely. This was largely due to the fact that distributed development methods rely on formal methods while Agile methods are reliant on informal processes. Further research into this area has indicated that apart from the excellent blend that results from this collaboration, it is also possible to address issues of control and communication that arise during development of distributed systems (Ramesh, Cao, Mohan & Xu, 2006). This is an indication that Global Software Development is becoming much popular (Stotts, Nagappan, Baheti, Jen & A J, 2003). Such systems have

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

Report - Essay Example All these were visiting artist from Kenya and most off the audience were Africans who had come to enjoy their music. The song that was played is known as Ogallo Nyakalaga. This is from the composition of Suzzana Owiyo who was also the main artist performing the song. It was the first time that the song was being performed and so many people who anxious to know how it would come out since she had talked a lot about it. This was an Afro-fusion song that combined the native Luo songs and instruments and tried to modernize it. Most of the attendees were also from the Luo tribe. The song was written in Native language and so it was hard for me to understand what she was saying but I could tell from the crowd what was going on. The song was also accompanied by the local afro-fusion dance which is a soft simple dance which involves the ladies dancing with the men but no contact is allowed. Afro-fusion music fuses traditional African music with modern music. It tries to make the African musi c modern through the use of modern instruments that were not used before and also through the use of modern dance and words. However most of the other styles of the song remain traditional with differences only coming at some points of the play. Another song that was played is known as Ndoa. The song was from Anayo a local Kenyan musician. The song was a mixed gospel with the lingala genre of music. The composition was from Anayo and the song involves vigorous dances with the dancers jumping up and down sweating. It has a song that was supposed to make the crowd in the party mood and make them feel that they were partying. One characteristic feature of this song is that it is fast and the beats are heard more than the words which were in Swahili. The other song that was played is known as Kisumu City. This song was played to praise the city of Kisumu. The song also had fast beats which were accompanied with the beats from the drum which was supposed to make the audience dance to the m. The dancing was also kind of rough with some men going to the extent of lifting up the ladies up. The guitar was used as an accompaniment in the concert. The guitarist used the technique of going high when the beats were low and sometimes going so low when the beats were high. This created a presence of the guitar in the crowd and made someone notice its presence. The guitar was also used to start the song and every song began with the guitar being played for almost 5 minutes before the other beats were introduced. The high point from my opinion in the performance was when the drums were used to add to the beats of the keyboard. This is when the beats were so high and the crowd also showed by the way that they danced. This was accompanied by low guitar plays and high verbal plays. The performance was good with the mixing of all necessary elements of music that made the night enjoyable. Most of the people who attended the concert looked certified and only few people left the place before the end of the time showing that they liked the performance. The audience also had lots of reaction to the performance by shouting whenever a performance was at its peak and also dancing to the beats of the song with the other dancers and performance. The audience sometimes sang the songs to go with how the performers were singing so that it looked like they already knew the songs. The order of the song was well planned. It started with slow smooth songs with very soft dances but as time went on, the pace of the beats

Is the Kyoto Treaty a Success in Addressing the Rise in Greenhouse Gas Research Paper

Is the Kyoto Treaty a Success in Addressing the Rise in Greenhouse Gas Emissions - Research Paper Example Initially adopted in Kyoto, Japan in 1997, this treaty, however, has not yet been ratified by major countries and some other industrial countries like Canada have even withdrawn from the treaty. (The Guardian,). The lack of proper ratification and adoption of the treaty by major industrial nations have put serious doubts over the ability of the treaty to actually enforce protocols required to reduce the overall greenhouse gas emissions by countries which are responsible for most of the world’s greenhouse gas emissions. (Ross,95) Over a period of time, despite the fact that countries have been able to cut greenhouse emissions, the over general emission levels have increased. These trends have put serious questions over the ability of treaty to successfully control the greenhouse emissions from the major industrialized nations of the world. This paper will argue whether the Kyoto protocol was successful in controlling greenhouse emissions or not. Climate Change & Greenhouse Emis sions Over the period of time, scientific evidence emerged which suggested a climate change being caused by the way humans actually interact with their environment. The rapid industrialization witnessed by major developed countries during the 20th century is considered as one of the key reasons behind this climate change. With over 100 years of greenhouse emission, the overall ecosystem of the earth is believed to be out of balance and a clear need for reducing the emission was recognized in order to stabilize the earth’s environment. (Henson,15) During the 1990s, environmental issues became a strategic concern and for the first time, it was recognized that there is a clear need for putting into practice certain standards and efforts which can obligate industrial nations to actually reduce their greenhouse gas emissions. The 1990s saw great diplomatic efforts to actually develop a comprehensive framework for industrialized nations to actually agree upon certain standards to r educe greenhouse emissions. These diplomatic efforts finally resulted in the development and introduction of what is now called the Kyoto protocol or the Kyoto treaty. (Grubb, Vrolijk, Brack, & Energy and Environmental Programme,54)