Monday, September 30, 2019

How Management has changed with respect to Globalization

Various things have and will persist to amend the practice of management. Advancing expertise, changing demographics, immense diversity in the workforce, and globalization are just some of the changes facing managers at present. These factors will persist to change the methods in which management runs. The globe now is not the world that subsisted years back. Globalization has fetched gigantic changes to the world of commerce and it has changed loads of sides of the management world (Palpacuer, 2006). Today’s globalization is disparate from what has gone earlier for two rationales. First is technological, the acceleration of interactions. Many communications expansions have been occurring more than the preceding half-century, but the current momentum of change, the magnification of capacity for information diffusion and the dissemination of communications media have not been experienced in the past. The other is a shift in the policy setting: liberalization uprising, an opening of markets and lessening in the part of government in terms of rights and command over manufacturing of goods and services (Feenstra, 1998). Corporations nowadays can arrive at customers in every country and can cut overheads via global production and allotment systems. Managements experience regular change, extreme competition, and amplified customer expectation, which formulates it progressively challenging for an organization to uphold its competitive border. These days, flourishing managements must appraise the competitive background and kit out their organizations with the tactics, configurations, and workers to compete in a frequently changing milieu (Swain, 1999). Globalization has changed new criteria, and every management must be ready to meet this transform by exploiting the aptitudes of leadership and communication, plus the capability to lead his or her industry through any sort of change. References Feenstra, R.C. (1998), Integration of Trade and Disintegration of Production in the Global Economy, Journal of Economic Perspectives, 12, pp.33-34. Palpacuer, F. (2006), Globalization and Corporate Governance: Issues for Management Researchers, Society and Business Review, Vol. 1 No. 1, p. 49. Swain, P. (1999), Organizational Learning: Developing Leaders to Deal With Continuous Change – A Strategic Human Resource Perspective, The Learning Organization, Vol. 6 No. 1, pp. 32-33.

Sunday, September 29, 2019

Bad Credit Can Hurt Your Job Seekers

Monica Cotallat, Hudson Community College Professor Sakina Laksimi-Morrow English 102 March 17, 2013 BAD CREDIT CAN HURT JOB SEEKERS I am a student majoring in Graphic/Web Design. This is my 4th semester at Hudson Community College. A large number of employers use credit checks to make employee selections. A study made by the Society for Human Resource Management (SHRM) in 2010 reported that 47 percent of respondents only use credit background checks for job applicants in certain types of positions, for example, positions with fiduciary and financial responsibilities (SHRM, 2010).Thirteen percent of those surveyed conducted credit checks on all candidates while 40 percent in the SHRM study reported that they did not utilize credit checks on any job candidates (SHRM, 2010). Almost half of employers are running credit checks. What are they looking for? Is it an invasion of privacy? Is it fair? What can be done about? Are people with a blemished financial past scarred for life? The purp ose of my paper is to understand why this is happening, examine its reasons and what one can do to help themselves in a competitive work force.There is an array of tools employers use to examine and decide on job applicants and employee job promotions. Typically they will contact references, verify educational and/or professional history, request a criminal history report and in certain situations obtain an individual’s credit history. For some this can create a barrier in the search for employment. A study made by the Society for Human Resource Management (SHRM) in 2010 reported that 47 percent of respondents only use credit background checks for job applicants in certain types of positions, for example, positions with fiduciary and financial responsibilities (SHRM, 2010).Thirteen percent of those surveyed conducted credit checks on all candidates while 40 percent in the SHRM study reported that they did not utilize credit checks on any job candidates (SHRM, 2010). This show ing almost half of employers are using credit checks on job applicants which economic downturn has made it harder for some people to get a job due to bad credit. It’s a catch 22. You need a job to pay your debit down but because of your bad credit you can’t land a job. There is also the question of invasion of privacy.Many job applicants have concerns with employers asking questions or requesting an explanation on why they are behind on their bills. Whether tarnished credit is due to medical bills or a messy divorce is it really necessary to explain personal matters to an employer? Is this a violation of rights? From my readings it appears NOT to being a violation. Under the Fair Credit Reporting Act (FCRA), employers are allowed to obtain and use employee’s credit report. However there are guidelines for requesting this information.An employer must inform the applicant about checking into their background and the applicant must sign giving permission to the emp loyer to access the credit/background check. One has the right to refuse such a background check but most likely a spot for candidacy will go out the window. Employers use it as a measure of character. Poor credit history may cause a potential boss to question your dependability, decision making skills, constancy and follow through abilities. Also presumably this helps employers prevent theft or embezzlement for fear of lawsuits.However, there is no concrete evidence connecting people’s credit histories to their on the job performance or productivity. In 2010, Eric Rosenberg, director of state government relations for Trans Union, one of the country’s largest reporting companies told Oregon legislators â€Å"At this point we don’t have any research to show any statistical correlation between what’s in somebody’s credit report and their job performance or their likelihood to commit fraud. † Oregon since then is one of 7 states who had passed a bill prohibiting/limiting the use of credit histories in job screening with certain exceptions.Other states who share this law are: Washington, Connecticut, Hawaii, Illinois, California and Maryland. But some of the laws still need reinforcement and exemptions slimmed. For example Illinois allows employers to continue to do credit checks on managers and minor retails workers. Sixteen other states are considering legislation to limit employer use of credit checks: Georgia, Indiana, Louisiana, Michigan, Missouri, Minnesota, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, Wisconsin and District of Columbia.While these states propose limiting the use of credit check none of the statutes imposes an out right ban. Besides the question of violation rights there is also the question of discrimination. The Equal Employment Opportunity Commission says, â€Å"Employer credit checks are legal, but can be discriminatory if they disproportionately exclude minorities, women or people older than 40 and are not essential to a hiring decision. A 2007 report conducted by the Federal Reserve Board found out that African-American and Hispanics had considerably lower credit scores than non-Hispanics whites. The last 10 years attractive lending schemes zeroed in on communities of color who lacked in wealth and assets. During the housing boom, minority borrowers were lured into subprime (high interest) loans when in reality they qualified for prime loans. In result after the crash, African Americans, Latinos and Asian-Americans lost half of their family wealth. Employment credit checks are hitting these families hard.This is why organizations like the Lawyers Committee for Civil Rights, National Council of La Raza and the National Association for the Advancement of Colored People (NAACP) have publicly opposed the use of employment credit checks. Another factor is age discrimination. Perhaps an elderly person carries poor credit due to medical bills. As I mentioned earlier, it can be an invasion of privacy by feeling obligated to explain reasons for unpaid bills but to explain bills due to health issues can make the job seeker uncomfortable discussing personal medical histories.This brings fear of losing a job opportunity to a younger, healthier credit worthy applicant. Contrary to Americas strong belief in a right to privacy of their medical histories and an amended act in 2003 to the Fair Credit Reporting Act that requires medical debt to be masked on credit reports and the Americans with Disability Act, which prohibits employers from inquiring about medical history prior to making a job offer. Courts have recognized the discriminatory impact of employment credit screening.The Department of Labor won a verdict against Bank of America stemming in part from the bank’s use of credit checks to hire entry-level employees, which had a discriminatory impact on African-Americans. The country’s challenges with con stant layoffs and mortgage foreclosures leave many Americans struggling with maintaining healthy credit. As of April 2010, one-quarter of U. S. consumers, nearly 43. 4 million people, had poor credit. These people should not be omitted from the chance of recovery. Laws need to be tightened and screening should only be applied depending on the nature of the job.Even if hired with a less than desirable or acceptable credit post-employment credit checks can be used to facilitate promotions and transfers. If one has signed the credit consent document when started employment, the employer does not need your signature again. As per the Federal Trade Commission (FTC), if an employer denies you employment or promotion due to credit they must give you a copy of the report used to determine your worthiness and a document called A Summary of Your Rights Under the Fair Credit Reporting Act before taking adverse action.Of course for companies to be forth coming is different story. They can easil y say they opted for a different more qualified candidate. Nevertheless, I have listed below steps and tips to help with the job application and interview process. Until those states without credit screening laws pass a bill to protect job seekers we must learn to deal with the issue and voice our rights. †¢ Request your report from the three reporting agencies: Experian, TransUnion and Equifax. You may request a free annual credit report by visiting www. nnualcreditreport. com or you may call 1-877-322-8228. Review your credit report to ensure its error free. Dispute any errors if found. It takes seven years to remove negative credit off your report but to improve a credit score the sooner you start improvement immediately shows. This is a good way to sell your self to employers as you can promote yourself as one who is aware of mistake and imperfection but you have taken steps to rectify and reestablish yourself. †¢ Do not be afraid to confess immediately.Not as quickly as stating it in your cover letter but when meeting face to face. This may eliminate you from consideration but in early process the company is still looking for reasons to eliminate candidates. Better to be forthcoming in the front to avoid 5 interviews down the road and having to hit that credit history bump. †¢ If you avoid mentioning early regarding your credit usually one knows the final stages of the interviewing process. At this point inform them about your credit. Most people do not like surprises especially companies ready to make an offer.This will add value and removes the surprise. †¢ Also how you address it influences how the information will be received. The bigger the deal you make of it, the more attention they’ll give it. Share the information with a smile and positive outlook off-handedly. You are communicating that it’s no big deal. May use this approach for example â€Å"I wanted to let you know that during my time unemployed I was juggli ng my bills and ruined my credit. Since you will be running a credit check I wanted to alert you. Will my temporary bad credit be an issue? In short words you have given them the â€Å"why† which would have put them on edge and eased them with the problem being â€Å"temporary†. In my opinion if credit screenings for employment is a must then only allow looking partial history. Perhaps just for the last 12 months. Companies should only be allowed to view history once at the hiring point and not during the life of the employed at the company. If a position is rejected to a candidate for credit reasons the company must be required to confess this to the unemployed.This gives the job seeker awareness to the issue. Fraud happens often in many institutions. Just because one hold bad credit does not make them a poor employee. In turn they maybe a superior employee as they need and value their job which helps pay their debit. Chris Ball, operations manager for the Jackson, Mi ss. , branch of Express Employment Professionals said â€Å"he understands that hiring managers who use credit scores are trying to protect their companies from people who might be desperate and turn to embezzlement or theft to cover their bills. But he also says he’s not sure that using credit reports is all that useful: â€Å"In this day and age, it’s hard to find anyone with perfect credit† I completely agree with the above statement. We have done just fine with regular criminal background checks. I do not find the need to also use credit screening with the exception of finical institutions. I ask the question â€Å"Did Bernie Madoff have bad credit? Surely not but was he not responsible for the largest financial fraud in U. S. history? Did someone run a credit background check on him? † I am sure NASDAQ did but did this prevent embezzlement?

Saturday, September 28, 2019

Bottlenecks in a Process Essay Example | Topics and Well Written Essays - 500 words - 2

Bottlenecks in a Process - Essay Example The main bottleneck in the case of operation of the vehicle speed sensor is the limitations which crop up due to a shift in the methods of manufacturing from service oriented manufacturing to luxury and leisure manufacturing. Vehicles built on different technological designs with very complicated parts are difficult to operate. The problem cannot be easily solved automatically and a lot of time is required to manually understand the actual problems and solve them appropriately. Another bottleneck is failure of a vehicle to restart for extreme cases. The technique would not appropriate due to lack of low or high levels of fuel to the engine. The theory of constraints can be applies to overcome these bottlenecks. Goldratt’s theory of constraints is a significant instrument for improving process flows. The consequences of this theory are extensive in terms of comprehending bottlenecks to a process and efficiently taking care of these bottlenecks to develop a competent process flow. The theory of constraints in a critical technique that operations managers employ to deal with bottlenecks and make process flows more efficient. The theory states that, â€Å"the throughput of a system depends on one constrain (bottleneck).† (Heizer & Render ,2001) Therefore to increase the throughput, the bottleneck or constraint must be identified and improved. This theory comprises five steps. The initial step is the identification of the constraint to be improved. Applying Goldratt’s theory to the vehicle speed sensor flow chart, one major constraint is the shifting trend in the methods of manufacturing vehicles and failure of a vehicle to ignite. The constraint has been identified therefo re we need to make an improvement. The subsequent step is to align every part of the system to support the constraint regardless of whether it lowers the efficiency of the other free resources or not. This is done by ensuring vehicle

Friday, September 27, 2019

COM 8 Anti Drinking Campaign Essay Example | Topics and Well Written Essays - 1000 words

COM 8 Anti Drinking Campaign - Essay Example .... 5 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...... 7 1 Com 8 Anti-Drinking Campaign Executive Summary Underage drinking is one of the major problems of our youth today. This paper aims to enlighten the readers on the increasing incidence of underage drinking among the young students. It will discuss the adverse consequences that underage drinking has on the youth. Furthermore, it will suggest ways on how schools can help in preventing underage drinking. The warning signs to look for in students who engage in underage drinking will be pinpointed to assist educators in identifying. 2 Facts and Statistics on Underage Drinking â€Å"Underage drinking is the use of alcohol by a person under the age of 21, the minimum legal age† (U.S. Department of Health & Human Services (USDHHS, 2007). Underage drinking has now become a major health problem in the US and the statistics are quite alarming. According to the report of the Surgeon General, nearly 10.8 million youth, ages 12 to 20, are underage drinkers (U.S. Department of Health & Human Services, 2007). ... The graph below illustrates this survey. 3 Consequences of Underage Drinking The consequences of underage drinking are very serious. In a study by the John Hopkins School of Public Health, it was approximated that about 5,000 people under age 21 die from alcohol-related injuries (The Center on Alcohol Marketing and Youth (CAMY), 2010). Specifically, 1,900 or 38 percent of the 5,000 deaths are due to motor vehicle crashes; 1,600 or 32 percent result from homicides; and 300 or six percent result from suicides (CAMY, 2010). Aside from these disturbing figures, there are other serious consequences of underage drinking. Based on the data presented by the CDCP, underage drinking results in â€Å"1) school problems, such as higher absence and poor or failing grades; 2) social problems, such as fighting and lack of participation in youth activities; 3) legal problems, such as arrest for driving or physically hurting someone while drunk; 4) physical problems, such as hangovers or illnesses; 5) unwanted, unplanned, and unprotected sexual activity; 6) disruption of normal growth and sexual development; 7) physical and sexual assault; 8) higher risk for suicide and homicide; 9) alcohol-related car crashes and other unintentional injuries, such as burns, falls, and drowning; 10) memory problems; 11) abuse of other drugs; 12) changes in brain development that may have life-long effects; and 13) death from alcohol poisoning (2010). Looking through these consequences makes one quiver over the scenarios that one can expect from an adolescent who experience underage drinking. What is even more frightening is that these dangers are far greater for those who indulge in binge drinking (CDCP, 2010). Steps to Combat Underage Drinking The school can adapt several strategies to

Thursday, September 26, 2019

Moderating and Minimizing Conflict Essay Example | Topics and Well Written Essays - 750 words

Moderating and Minimizing Conflict - Essay Example Conflict can be interpreted in two dimensions: the theorist’s perspective of the conflict and the environment where the conflict takes place (Strasser & Randolph, 2004, p.4). The environment may include conflict between individuals or families or nations. The conflict can also be inter-psychic in which the conscious mind and the unconscious mind conflict with each other. How the mediators interpret conflict and its resolution paves the way to their selection of an appropriate approach towards reconciliation. Mediator’s perspectives and how they look at the situation shapes the mediation approach and the resolution process. My conflict style is collaborative. I believe that communication is the best way to resolve a conflict (Cupach et al., 2010) at all levels: personal, cultural, political, organizational or international. I do not like asserting my viewpoints and perspectives on others; instead, I like to listen to other people’s beliefs and disbeliefs. This way , I give the other persosn the opportunity to make their points clear. I invite them to share their views with me. I do not want them to feel ignored or un-listened. This empowers them and at the end, this makes them respect the solution I come up with because they know that I have listened to them and have made them participate in the decision-making process. I will quote two examples from my personal life here. Once, my younger brother, Joe, started to hang out with his friends late night. He had made up a routine of coming home late night and this would upset my parents and I because we did not want him to do stuff none of his elders ever did. My parents are both authoritarians in their parenting style and they do not want to argue with kids. This even awoke more aggression in Joe because he knew that Mom and Dad were not going to understand him. One day, I called him and sat down with him. I started to communicate with him- something Mom and Dad had never did. I asked him what m ade him come home late and why he wanted to disobey and upset his parents. After listening to him, I told him the bad consequences that might happen if he constantly stayed absent from home till late night. And I got my results. He understood me. We figured a middle way out in which I gave him enough space about hanging out but made sure that he returns before 9 pm. At another day, I came across two of friends, Mike and Bob, fighting and yelling at each other. Mike said that Bob had stolen his notebook that he had prepared after one year’s efforts; while Bob said that he knew nothing about the notebook. The argument went so serious that both of them were ready to punch each other at faces. After much struggle, I cooled them down and made them sit at the desk and talk about the issue. First, I made Mike present his perspective and then I told Bob to clarify himself. I made them ‘talk’ to each other and listen to each other’s views. After about half an hour of real sound arguments, both of them resolved the issue. Mike was remembering that he had handed the notebook over to the professor one day and he had not returned that yet. Thus, the conclusion was that communication made him remember things that he was forgetting. On concluding note, I am very much pleased with my conflict style. I love collaborating and communicating

Analysis of Business Excellence criteria Essay Example | Topics and Well Written Essays - 4000 words

Analysis of Business Excellence criteria - Essay Example This formula for such unflinching success has come through none of what management books could preach. The story behind the rise of Emirates Group lies in being an opportunist and seeking the opportunity at the right time and solving all their problems as and when they came through. This can be highlighted as one of company’s key strengths. Emirates has been working in a multicultural environment where the company seeks to address whatever shall keep the company motivated and ensure team functions to perform well. The key business practice is to keep things running as they are if they appear good, defying the conventional wisdom of not having any functional fit in the organization. Emirates group is run like a family rather than a management driven organization. It is a fully owned government organization based in Dubai. As a part of business strategy, the company has a policy of not entertaining any alliance and believes in making strategic partnerships with its competitors t o move forward on the path of success. Its range of services includes commercial airlines offering all of passenger, postal and cargo services. It also sells consumer goods in airlines as both wholesale and retail. It also operates in hotels and resorts and engineering products is leisure and destination management (The Emirates group, 2013C). As a part of company strategy, Emirates group does not believe in a fixed organizational structure and has built its company structure based on people strengths. Also, the company does not have a board of directors that comprises of executive and non-executive directors. They have a group of 30 people who discuss an agenda openly. The senior management and HH Sheikh Ahmed bin Saeed Al Maktoum act as the sole decision making body. This senior management believes in focussing on details, rather than the bigger picture. Emirates also follow a strategy of hiring people from all across the world. Staff salaries are pegged to their home country base s but recruitment from across the globe has its own economic advantages. Employees get attracted to the company despite its comparatively lower salary because of lack of tax implications in Dubai. This allows the company to have a competitive advantage over its staff costs. The paper is a survey that is based on the EFQM model. It analyses the Emirates Group on nine parameters of the model through survey results. The results are analysed and helps in determining key strengths and weaknesses of the company. Based on the analysis, the paper concludes with recommendations of suggested practices. Methodology In this section, the research methodology has been discussed. It is to be noted that the research was carried out by means of a questionnaire based on the EFQM excellence model. The questionnaire was answered based on the secondary data obtained from various print and online sources. Based on self assessment study, the answers to the questions were formulated, wherein each answer is based on information obtained through secondary source of data. No outside person, group of persons or body corporate was approached for seeking answers to the questionnaire. The question response format was based on a Likert scale of 1 to 6. However, each one of these numbers was defined in terms of attributes as Zero Base, Very Weak, Weak, Acceptable, Strong and Extremely Strong. The scores were assigned as 1

Wednesday, September 25, 2019

Theories of Democracy Essay Example | Topics and Well Written Essays - 250 words - 1

Theories of Democracy - Essay Example These conservative Islamic movements run in the name of Jihad. Neither Jihad nor McWorld can be considered democratic. According to Barber, governments supportive of fundamentalist Islam are less likely to be supportive of the US interests, while Mitchell suggests in his article that such governments are more likely to be aligned with the US interests. This idea, the coalition of Jihad and McWorld, is missing from Barber’s analysis because it is claimed by Mitchell that the US government is quite familiar with working with Muslim emirs â€Å"whose power depended upon strict interpretations of Islamic law† (Mitchell 1). Barber puts forward this idea that McWorld and Jihad are indifferent to each other (Barber). In contrast, it is implied by Mitchell that we do not live in an age of Jihad vs. McWorld as suggested by Barber, but we actually live in the age of McJihad. This concept is missing from Barber’s

Monday, September 23, 2019

China's pollution Research Paper Example | Topics and Well Written Essays - 1250 words

China's pollution - Research Paper Example This essay will focus and discuss the environmental challenges in China, the causes and how environmental pollution affects the people1. In my research, the weather has appeared to be the main cause of flooding in China. People in China happen to prefer flooding areas without considering the negative effects that floods have in their lives. Hence, it happens that the areas that experience floods are the most populated areas in the country. The high populations in such areas increase the ability of the areas to be struck by floods. Crowded areas have increased surface run-off that flows into the rivers causing the breaking of their banks, hence flooding. Places with high populations need to be watched carefully to ensure that help always give whenever it is needed.2 Floods have a lot of negative effects on the lives of the people. According to research, the air pollution in China has been considered to be one of the worst. The increased air pollution in China has caused the big population of China several respiratory diseases. Women suffer the biggest effects of the pollution having biggest numbers of lung cancer.3In most cases, it happens to women who live near industrialized areas. The increased air pollution in China is caused by mostly its increased production activities of their industries. During the production, the industries emit smoke that has sulfur dioxide in the air which is harmful to the human body when inhaled. China also relies heavily on coal for their energy production. This also has played a big part in the polluting of air in China. The combustion of coal sends some unwanted gasses and smoke into the air and smoke that may lead to the greenhouse effect apart from air pollution3.Manufacturing industries and cars also play a major role in the pollution of air in China. Most experts have blam ed the coal-burning that produces their energy and highly support their economic growth4.The emission of sulfur

Sunday, September 22, 2019

The process of gathering forensic evidence Essay

The process of gathering forensic evidence - Essay Example Electronic data is also fragile like any other type of data so any data that is to be preserved has to undergo a given protocol to make it safe. The expert should ensure that the data is not damaged and that computer virus does not affect the data. This can be done by storing data in a computer that is well protected from any virus and at the same time has a secure system that gives access to only stakeholders who can come up with the password. Once its location has been known the data has to be collected by the experts. They have to go to the virtually stored data get it and record it in the prepared storage device that had been preserved for its storage and that has minimum potential of destroying the data. When collecting the data various data collection tools are required to enable the process. This is the part where the experts sit down and examine the data that had been collected. This is the stage where they are able to know if the data has been tampered with after they have done all this then they have to give the go ahead for the writing of the report. This is a computer hardware toolkit that is used in the performance of very detailed digital examination of forensic evidence. It is built using ubuntu software and is able to combine witness experience to come up with a witness format that is used in hand with advanced forensic format. The software’s that are used to make the device is sleuth kit which is a kit used to make file systems for analysis. The device has the capability of taking fingerprints through a touch screen and storing it in the computer memory. This tool helps forensic experts to secure and examine raw data disks. It also has the capability of handling multiple file systems as well as come up with the format for the evidence that has been made. The tool also has the capability of placing strict deadlines to the data and how to work on it. In order to see all visible traffics, the tool is able to

Saturday, September 21, 2019

Future of Nursing Essay Example for Free

Future of Nursing Essay The career of nursing (Registered Nurse, Licensed Vocational Nurse, and advanced practice nurse) has more than three million working affiliates. Nurses are the predominant portion of the healthcare personnel. There are multiple barriers that stand in the way of nurses’ being able to react quickly to the ever-evolving health care field and changing health care organizations. In 2008, The Robert Wood Johnson Foundation (RWJF) and the IOM (Institute of Medicine) started a group process that took two years to look at these needs, looking to evaluate and modify the nursing occupation. The findings show that 1 ) nurses- need to perform to the all-inclusive expanse of their schooling and achievements. 2) nurses- need to commit to reach the most prestigious levels of education and training through a refined educational network that advocates consistent advancement through academia. 3 ) nurses- need to endeavor to be fully engaged with physicians and other health care experts, in modernizing/rejuvenating the health care organization in the United States. 4) Efficient labor pool planning and strategy making needs better collection of data and framework of information. Nursing students should have on their school curriculum that teaches them the capabilities that are compulsory for uninterrupted furtherance of the characteristics and safety of the systems that make up a health care organization, patient-oriented care, partnership and coordination with other agencies (Berwick, Cronenwett, Tanner 2011). The student nurses’ need expert skill to grasp and knowledge and understanding of human anatomy and physiology, psychology, and a working comprehension in clinical, social, and behavioral sciences (Berwick 2011). They need working  skills and methods in order to be competent in leadership and management roles. (Berwick 2011). Student nurses will need capabilities in the new patient care conveyance framework that is on the horizon. Need a working knowledge in community health/illness and community based patient care. (Tanner 2011). They will need to know how to distribute patient care with other patient care modalities for appropriate patient care (Tilden 2011). The future nurse will need to have skills based on unchanging science prerequisite courses (Dracup, Tanner 2011). Health care policy knowledge, skills, and beliefs will need to be taught (Tilden 2011). Abilities related to unfolding health care needs will need to be fostered. For example: the elderly population (Tanne r 2011). They will need to accept technology-immersed education, multifaceted approach to patient care. Universities and colleges will need to come up with a plan that will make sure that the number and the equal allocation of new Registered Nurses who have graduated from their institutions with a baccalaureate degree or higher in nursing should be greatly increased (Aiken, Cronenwett 2011). Society should embrace community colleges/ universities that have affiliations, they may increase AND graduates that would complete a BSN degree if given encouragement, and could get it completed within a certain timeframe. (Dracup, Tanner 2011). The post-graduate residency programs will need to develop and test clinical education models that would include post-graduate intern and residency programs in appropriate facilities. (Tanner 2011). What the faculty members of the future need to be on the look-out 1) look for a person that has the bedrock for a nomination and appointment to faculty and promotion, including recognition of practice-based accomplishments, including working toward bettering healthcare (Berwick, Dracup, Cronenwett 2011). This person, who can, during their working life, move easily between practice (patient care), and academia (Gilliss 2011). The person, who within a short time span, has obtained a BSN, then a Doctoral degree (Aiken, Dracup 2011). The person must maintain professional certification and/or clinical proficiency (Gilliss 2011). This person builds working relationships with teachers and staff in other occupations. (medicine, engineering, business, public health, and  law). (Gilliss 2011). The person must take time to advance his/her education using two or more professions and foster cooperative practice furnishing patient-centered care (Dracup, Tilden 2011). Society needs to make sure that the universities produce a commensurate number of nurse practitioners (NP’s) for primary care roles at a time when access to health care will most likely increase the general public’s need for primary care providers (Cronenwett, Gilliss 2011). Universities will need to change their course of study in nursing education that has come about secondary to the advances made in nursing science and practice. These changes are guided by breakthroughs made in science (Tanner 2011). Universities will need to continue to state specialist preparation is needed for Master’s program level, and advance Post-Masters DNP education. At this time, requirements for Nurse Scientists interested in translational research needs to be clarified- will a DNP and a PhD both be needed in order to be able to follow through and become a researcher? The older population age averages, those who have chronic illnesses, added to the fast-moving science and technology fields, plus the blurred lines between medicine and nursing, creates a level of unpredictability to the health care scene. It is reasonable to expect a more educated health care team to care for these patients. Research has shown that hospitals that have a larger proportion of BSN bedside nurses, have a lower patient mortality/death (JAMA 1999). There is some research evidence that has shown BSN nurses are more cost-effective. Evidence is encour aging in showing that a more highly balanced BSN labor pool might allow for a smaller staff without negatively affecting patient end results. In the ambulatory out-patient care clinic setting, there is strong research-based evidence that shows that nurses with advanced degrees, usually a masters, can provide patient care with patient conclusions that are comparable to that of a Medical Doctors in some areas, like that of pain control and patient satisfaction. The cost for care is lower, also. Griffiths 2010)(Horrocks 2002). The evidence shows that the increased number of advanced degree  nurses practicing has improved admittance to general patient care. (Aiken 2009). Advanced nurses staff ambulatory care clinics and see approximately three million patients a year. Nurse Practitioners also staff Community Health Centers. The Role of Nursing Organizations to Nurse Leaders: The American Organization of Nurse Executives (AONE), states that the BSN is the minimal degree for nurses in leadership roles. Nurse leaders in a supervisory leadership role should seek education at a doctoral level. The IOM recommends lifelong learning for nurses. Nurse leaders need to help and assist as needed bed-side, clinic, and home-health care nurses in exploring and promoting new, more unprecedented, patient and family-centered care models. Nurses at all levels of the health care continuum, should be planning for leadership roles. The more experienced nurses must mentor the nurse with less proficiency, show them the way. Nurse leaders should also sit on boards of health care organizations and sit on policy-making committees. As for me, I am not sure what the future holds for me. I think maybe I would stay a bedside nurse in an acute care hospital. That is what I have done for over twenty years and that is what I love doing. I see nursing becoming more involved in the evidence-based prevention policies. Finding new ways to assist patients in reducing disease and/or promoting health, once they go home. The bedside nurse would do more of the inter-agency care coordination, for example discharge planning. Nurses must be able to function and collaborate with multiple agencies in order to get the supplies and care a patient might need once they go home. References AmericaInstitute of Medicine. (2011). The future of nursing: Leading change, advancing health. Washington, DC: Cronenwett, Linda R. (09/01/2012). Molding the future of advanced practice nursing 1.. Nursing outlook (0029-6554), 60 (_5), 241. WNA working to advance the recommendations in the RWJF/IOM report: the future of nursing: leading change, advancing health?. Stat: Bulletin Of The Wisconsin Nurses Association [serial online]. June 2011;80(6)Available from: CINAHL Complete, Ipswich, MA. Accessed October 11, 2014. Retrieved from ISNA Bulletin Aug/Sep/Oct 2011 pg10 Independent Study Visioning the Future of Nursing: Analysis of the IOM/RWJ Foundation Report Nurse Leader Vol9 Issue6 Dec2011 pg30-32

Friday, September 20, 2019

Role of the Jury in the English Legal System

Role of the Jury in the English Legal System The jury trial is considered to be one of the most controversial elements of the justice system in the UK. The practice of trial by jury has shown over the years to have many disadvantages that which causes concern to society and must be reconsidered by Parliament. The key issues that have arisen of the years relating to the use of juries are a) the experience and intellect of the jurors making judgements in complex cases; b) the expensiveness and longevity of jury trials; and C) the fairness of jury selection. This essay shall try to critically analyse the role of the jury within the English legal system and explain why the jury trial should no longer play a part in the criminal and civil justice systems of the United Kingdom. Trial by jury was first introduced into the justice system in the twelfth century, however it was not a guarantee until many years later, when a clause within the Magna Carta stated that no free man shall be taken or imprisonedà ¢Ã¢â€š ¬Ã‚ ¦except by the lawful judgement of his peers or by the law of the land[1]. The role of the jury has since evolved from the medieval times and was completely formed in the 18th century into what it is today[2], with modern juries playing a vital role in assessing the facts of the case and, in the case of a criminal trial, determining whether the defendant is guilty beyond reasonable doubt, or in the case of a civil trial, deciding whether the claimant has the right to damages on the balance of probabilities. Towards the end of the 1900s, public attention started to be drawn towards problems arising with jury reliability, selection, experience, and bias. The Criminal Courts Review by Lord Justice Auld in 2001 was a crucial argument in the discussions concerning jury trials. Auld goes on to say that support for the jury system is not universal, especially among those who have been jurors.[3] This suggests that there is a considerable amount of negative opinion among former juror members about the jury system. The main drawbacks presented within this report were a) lack of experienced jurors who represent different social layers, b) poor ethnic minority representation, and c) the game character of the trial process, where the truth is not as important as victory.[4] The Criminal Justice Act 2003 did however alter the jury system and selection process by stating that a) if the judge ruling the case is satisfied, certain fraud cases and cases where a danger of jury tampering existed are not t o be tried by a jury; and b) the jury selection system had to be improved in order to provide more experienced and unbiased people representing different social groups and ethnic minorities.[5] Statistics have shown that jury trials are actually very rare. Only one in every hundred criminal trials are actually tried by jurors due to restrictions on the use of jury trials.[6] But it is not only the restrictions imposed that make access to jury trial very complicated. What also makes it complicated is the extortionate amount of money and long periods of time that must be put into each case, which puts jury trials at a disadvantage. These problems can make it extremely inconvenient and draining for both the defendant and, in particular, the members of the jury as they will have to spend a lot of their time getting through the necessary procedures and partaking in the actual trial. Jury trials can last from a couple days to many weeks, even months. During that period, members can be on a jury for more than one trial during their service.[7] In one instance, a juror failed to turn up for a trial as she found it really boring, resulting in the trial being suspended before continu ing with 11 jurors.[8] This suggests that sitting on a jury is not what is hyped up to be, and that the negatives vastly outweigh the positives of sitting on a jury. The qualification rules for jury selection has also been often criticised. According to the Juries Act 1974[9], the criteria to serving on a jury are: 1) the person should be registered as a parliamentary or local elector; 2) the person should not be less than 18 and no more than 65 years old; 3) the jury should have been ordinarily resident in the UK for a period of at least five years since his or her 13th birthday. The criterion set out in the Act is quite narrow and should be broadened in order to ensure better quality of juries. Ineligible persons include past and present members of the judiciary, other people who have been concerned with the administration of justice, the clergy and mentally ill people. The Criminal Justice Act 2003 also disqualifies individuals who have served a custodial sentence within the past ten years, received a lifetime custodial sentence, or are released on bail and awaiting trial at the time the jury is summoned.[10] However the issue is not in relati on to the qualification of jurors, but the mere fact that jurors are subject to human error. As the selection criteria is very narrow, there will be individuals who are well educated as well as not; some who are very responsible and some who are not; and individuals who are wanting get gain a better understanding of the case while others just wanting to get home as soon as possible. In the case of R v Litchfield,[11]it was up to the jury to decide whether or not negligence was gross negligence. As a result, the jurys verdict was confused and instructions from the judge had to be restated. It is clear to say that members of the jury in this case were either not educated well enough or had no experience at all in dealing a complex judgement, which is presumably the case with all jurors.[12] Many jurors do encounter problems that are far beyond their training and experience, as the lack of legal knowledge allows prosecutors to easily sway jurors to believe their assertions. But not only are jurors unskilled and inexperienced, they often disregard logic presented by the lawyers because of their prejudices, past experience, or moral sentiment. Some jurors may even follow the majority and make the same verdict as the stronger personalities. But the main problem is that, as jurors do not usually know the law and legal procedures, they are often unable to understand complex evidence or to assess the reliability of a witness or evidence. A research study by Matthews, Hancock and Briggs[13] shows that jurors fees very enthusiastic about their role in the trial process, however one third of jurors feel that it is inconvenient. The report also shows that well-educated skilled people and professionals are under-represented as only skilled manual workers and unskilled workers have enough time to be part of longer trials. From this, it is clearly obvious that the education level of many jurors is comparatively low. Approximately 60% of the respondents were confused and had difficulties while listening to evidence and following instructions. Furthermore, about 30% of jurors face a language barrier and would need a translator. Having a translator would make the evidence unclear as translations are not always presented in the right way. The study also shows that a third of jurors are uncomfortable being in a courtroom, but also 90% of jurors are satisfied with being a member of the jury and realise he meaning and importance of the role. Additionally, 30% of jurors are not well educated (do not have a degree) and 40% of people have no knowledge of the court process. These statistics are an indication that jury selection must vastly improve. All these issues can be ratified by giving jurors more detailed instructions before trial starts and balancing the number of people with different education levels. Cheryl Thomas states in her research that there are serious race disproportions in the jury structure and ethnic minorities are truly under-represented.[14] Thomas also agrees that instruction need to be more clear, simpler and broad as many jurors claim they have faced difficulties when studying such instructions. However, she also goes on to report that some of the problems concerning race stereotypes within the jury system are highly exaggerated, and have found no proof that white jurors are likely to be biased and make unfair verdicts. With that in mind, remedies must be made to ensure that it is a fair selection and that individuals from all backgrounds are represented in a jury trials. In 2007, the Ministry of Justice published the findings of the Jury Diversity Project[15] which revealed that most defendants in Crown Courts outside of London will be tried by an all-white jury. The role of the jury in the English legal system remains a controversial part of the judicial system. Complications have arisen by issues of jury selection; costs and longevity of each trials; and the experience and intellect of jury members summoned to partake as a jury member. With many sources proving that a) jurors lack the required intellect and experience to handle complex trials and make fair judgements; b) individuals from all backgrounds, especially ethnic minorities, are under-represented; and c) the length of time for jury selection and trial being too long for an individual to handle suggests that the whole process of jury trials need to be reconsidered. A number of former jurors tend to have more of a negative opinion on the use of juries due to the fact that they did not know much about the law, instructions were not given clearly, they could not tell whether to disregard a piece of evidence or not, along with many other issues. However while juries have been an integra l part of the judicial system and being assessed by ones peers and not by the judiciary seems fair, non-jury trials have had the least amount of criticism. It is clear to see that jury trials should no longer be a part of the legal system of England and Wales and that all aspects of a trial including analysing the facts of the case as well as the application of the law should only be the responsibility of the judiciary. Bibliography Cases R v Litchfield [2008] AC 507 (HL)] Legislations Criminal Justice Act 2003 Juries Act 1974 Books Cairns J and McLeod G, The Dearest Birthright of the People of England: The Jury in the History of the Common Law (1st edn, Hart publishing, 2002) Davies M, Croall H and Tyrer J, Criminal Justice: An Introduction to the Criminal Justice System in England and Wales (3rd edn, Pearson-Longman 2010) Gibson B, Criminal Justice Act: The Statute (1st edn, Waterside Press 2005) Gary Slapper and Kelly David, The English Legal System (8th edn, Routledge-Cavendish 2006) Articles JER Stephens, The Growth of Trial by Jury in England (1896) 10 HLR 150, 155 Michael Zander QC, Lord Justice Aulds Review of the Criminal Courts: A Response (2001)   UK Government Jury Service accessed 30 December 2016 Huddersfield Examiner Juror in Leeds court because she found trial boring Huddersfield Daily Examiner (Huddersfield, 21 February 2012) Linda Woolhether The Disadvantages of the Jury System accessed 2nd January 2017 Roger Matthews, Lynn Hancock and Daniel Briggs, Jurors perceptions, understanding, confidence and satisfaction in the jury system: a study in six courts (Home Office, May 2004) accessed 3 January 2017 Cheryl Thomas Are juries fair? (Ministry of Justice, February 2010) accessed 3 January 2017 Cheryl Thomas Diversity and Fairness in the Jury System (Ministry of Justice, June 2007) accessed 4 January 2017 [1] JER Stephens, The Growth of Trial by Jury in England (1896) 10 HLR 150, 155 [2] John Cairns and Grant McLeod, The Dearest Birthright of the People of England: The Jury in the History of the Common Law (1st edn, Hart publishing, 2002) [3] Michael Zander QC, Lord Justice Aulds Review of the Criminal Courts: A Response (2001)   [4] Malcom Davies, Hazel Croall and Jane Tyrer, Criminal Justice: An Introduction to the Criminal Justice System in England and Wales (3rd edn, Pearson-Longman 2010) [5] Bryan Gibson, Criminal Justice Act: The Statute (1st edn, Waterside Press 2005) [6] Gary Slapper and Kelly David, The English Legal System (8th edn, Routledge-Cavendish 2006) [7] UK Government Jury Service accessed 30 December 2016 [8] Huddersfield Examiner Juror in Leeds court because she found trial boring Huddersfield Daily Examiner (Huddersfield, 21 February 2012) [9] Juries Act 1974 [10] Criminal Justice Act 2003 [11] [2008] AC 507 (HL) [12] Linda Woolhether The Disadvantages of the Jury System accessed 2nd January 2017 [13] Roger Matthews, Lynn Hancock and Daniel Briggs, Jurors perceptions, understanding, confidence and satisfaction in the jury system: a study in six courts (Home Office, May 2004) accessed 3 January 2017 [14] Cheryl Thomas Are juries fair? (Ministry of Justice, February 2010) accessed 3 January 2017 [15] Cheryl Thomas Diversity and Fairness in the Jury System (Ministry of Justice, June 2007) accessed 4 January 2017

Thursday, September 19, 2019

Comparison (J. Swift & A. Pope) Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚   The attitudes portrayed in Alexander Pope’s An Essay on Man and Jonathan Swift’s â€Å"A Modest Proposal† towards mankind is strikingly similar. Both acknowledge the view that man has dominion over the earth, as created and instituted by God. However, the difference is seen in their approaches to this subject. Pope primarily focuses on man’s pride and place in society, whereas Swift discusses how man deals with certain situations reasonably or unreasonably. Pope and Swift present situations that man has to face in conjunction with illogical conclusions. Besides exhibiting illogical conclusions, they also show the selfish, prideful, rebellious, jealous, and the ungrateful characteristics of man.   Ã‚  Ã‚  Ã‚  Ã‚  The narrator in Swift’s, â€Å"A Modest Proposal† appears to be a logical, educated person who has been studying the subject of impoverished citizens, primarily women and children, for years. He does this by informing the reader of his working relationship with scholars, as well as thought out and gathered calculations, followed by examples of children having no hope for the future. He transitions into illustrating his proposal from giving his findings by stating, â€Å"I have too long digressed, and therefore shall I return to my subject† (Swift 457). The narrator indicates his proposal, which appears to be illogical to the reader. He does this so that the reader will not agree with the solution to overpopulation by eating babies, but fo...

Wednesday, September 18, 2019

Free Essay: Alienation and Isolation in William Faulkners A Rose for Emily :: A Rose for Emily, William Faulkner

Alienation and Isolation in A Rose for Emily  Ã‚        Ã‚   William Faulkner, one of the most famed writers of our times, explores in his writing the themes of alienation and isolation. He interweaves these themes with his female characters. In A Rose for Emily, Miss Emily Grierson is a woman who is alienated and lives in isolation from the people in her town. The theme of isolation is the focal point of the story, since it is what drove her to her madness.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Faulkner's theme of alienation comes up many times in his writing. In the book The Major Years, Melvin Backman states that Faulkner was reaching for a more decent life and more decent people in the midst of evil. He was reaching for love, innocence, simplicity, and strength, but he also knew that these things were being hidden by reality. "With Faulkner, as with all men, the personal condition underlay and shaped his view of the human condition" (Backman, p.183).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The critic goes on to note that men in Faulkner's works tend to undermine women and their roles in society. Women are oppressed and are usually controlled by men. The women try to fight the men in their society and are trying to find a way to escape from their grasps. They are hesitant to stand up to the men and instead they tend to hide away. Backman notes that, "The will to confront reality seems to be losing out to the need to escape"(p.184).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Miss Emily is a woman who had the whole town wondering what she was doing, but did not allow anyone the pleasure of finding out. Once the men that she cared about in life deserted her, either by death or by simply leaving her, she hid out and did not allow anyone to get close to her. Miss Emily was indeed afraid to confront the reality that Backman discusses. Since she did not want to accept the fact that the people she cared about were gone, she hid in her house and did not go out. She was the perfect example of a woman alienated by a society controlled by men who make trouble for her instead of helping her.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Minrose Gwin, author of The Feminine and Faulkner, states that several of Faulkner's female characters, including Emily Grierson, are "indeed active disruptive subjects in their narratives; theirs are voices which denounce and subvert male power"(Gwin, p.

Tuesday, September 17, 2019

Anne Frank :: World War II History

Anne Frank Anne Frank lived with her family in a pleasant house. For Anne and her sister, Margot, their early childhood was a sucure place inhabited by loving parents, relatives and nurses. However, the Nazis had gained power in some parts of Germany. The Nazis wanted all Jews to be killed. Otto Frank, Anne's father, did not hestitate to wait for the Nazis to come into full power. In 1933, the Franks left Frankfort. Mrs. Frank and the two girls joined her mother in Aachen, near the Belgian border. Otto Frank went to Holland and started a business in food products. In the spring of 1934, the Franks reunited and settled in Amsterdam. Anne Frank lived in Amsterdam happily, like she did in Frankfort. She attended Montessori School and had a host of friends. Her father, however, was still worried for in Germany the Nazis gained almost complete power. In 1940, the Germans envaded and conquered Holland. Anne's life had changed by the Germans taking control. She could not go to her school, and was to attend the Jewish Lyceum. No Jews were allowed out on the streets at night. In 1941, the Germans had their first round-up of Jews in Amsterdam. 5 months later, the Germans summonded 16-year-old Margot Frank to report for deportation. Otto Frank, however, had contact with Dutch friends, and were able to hide out in the attic of a house. The morning after Margot was summonded they left Amsterdam and went to the attic of the house called the Secret Annexe. In the Secret Annexe they were joined by the Van Daan family. There was Mr. and Mrs. Van Daan and their son Peter. Later, a eldery dentist, Alburt Dussel, was invited to share their refuge. The 8 Jews hid in the Secert Annexe for many years. Otto Frank's Dutch friends, brought them food and even gifts. The news in the fall of 1942 was terrifying for the Franks. The roundup of Jews from Holland was proceeding according to plan. While the Franks were in hiding, Germany was at the height of conquest. But of August 4, 1944, the Gestapo penetrated into the Frnak's hiding place. The 8 Jews, together were taken to Gestapo headquaters in Amsterdam. The Franks, Van Daans, and Mr. Dussel were sent to Westbork. Anne Frank, Diary of a Young Girl was actually the diary of Anne Frank. Anne Frank was a girl who lived with her family during the time of while the Nazis took power.

Education is Power

Education is the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually for mature life (dictionary. com). Power is the ability to do or act; capability of doing or accomplishing something (dictionary. com). In my own words education is knowledge that you will need in your future for a better life, and power is the influence you have over others, whether helping them to do good or bad.I believe that education is the key to power because without the knowledge needed to learn how to control the power that you have then how would you be able to influence people’s lives? Education for a person does not only benefit the person but also the people around them. Whether it be their parents, spouses, children, or siblings, I believe one person’s education can rub off on the people that they are around. The power that a person has to influence others is truly a great one, especially if that power is used for good, and those you usually have this power, most of the time, aren’t even aware that they possess it.Education is power because it gives people the ability to change their lives and the lives of others. Statistics show that around the world children who are born the educated mothers are less likely to be stinted or malnourished. Each additional year of maternal education also reduces the child mortality rate be two percent (dosomething. org). This goes back to the example of a parent’s education influencing a child’s life. In some countries around the world if a child’s mother is educated then that child has a better chance of survival at life.Another statistic suggests that literacy rates in South America and Europe are among the highest with 90- 100 percent literacy. The African continent however, has areas with less than 50 percent literacy among children under the age of 18. Oprah Winfrey once said â€Å"Edu cation is the key to unlocking the world, a passport to freedom. † I think Oprah is one of the top supporters for education especially the education of women. This shows through the creation of her school in Africa.Young women in Africa need educational opportunities to prolong their lives. The more education that they acquire, the farther they can get in their lives. I think Oprah would agree with the fact that education is power because of the opportunities that she has laid out to help young children get to the places they would like to be in their lives. In the end I believe that education is one of the most powerful instruments that any man or woman can have to help reduce inequality and start a process of economic growth for themselves and for their country.

Monday, September 16, 2019

History and Development of Equity Essay

It is important to appreciate, especially when reading older cases on the law oftrusts, that there were, until 1873 in England, two main separate courts – courts of lawand courts of equity. Trust law was a product of courts of equity. We will thus look at:(i)the meaning of â€Å"equity† that is associated with courts of equity;(ii)the origins of courts of equity; (iii) the development of the law of uses and trusts; (iv) the transfer of equity jurisdiction to Canada; (v) the current status of the fusion of law and equity. II. Objective: Be able to describe four different meanings that might be associated with â€Å"equity† andthe definition of â€Å"equity† that is important for our purposes. The word â€Å"equity† has several different meanings. Let’s examine some of thosemeanings and then focus on the meaning that is important to us in understanding the lawof trusts. A. Equity as â€Å"Fairness† One meaning of the word â€Å"equity† is â€Å"fairness† or â€Å"justice†. This is oftenreflected in expressions such as â€Å"employment equity†, â€Å"pay equity† or â€Å"distributionalequity†. People speak in terms of what is â€Å"fair† or â€Å"just† but there is often considerabledisagreement as to what is fair or just. This concept of â€Å"equity† is not the concept ofâ€Å"equity† that we mean when we speak of what courts of equity did. B. Equity as Net Worth The word â€Å"equity† is also used to mean net worth. That is, the amount one retainsafter creditors have been paid. For instance, shares in a corporation are often describedas â€Å"equity investments†. The shareholders are entitled to what is left over after thecreditors are paid off. Similarly, people speak of having â€Å"equity† in their house. Forexample, a person might buy a $400,000 house by making a $100,000 downpayment andborrowing the remaining $300,000 to pay the rest giving the lender a security interest (orcollateral) in the house by way of a mortgage. The $100,000 would be that person’sequity in the house. If the person were able to pay off $50,000 on the loan then theperson’s equity in the house would rise to $150,000 (i. e. the value the person would have 2 invested in the house net of paying the lender (or creditor)). The person’s equity in thehouse would, of course, vary with the market value of the house. This use of the word â€Å"equity† has its origins in a creation of courts of equity. Courts of equity developed the concept of the equity of redemption. To borrow money aborrower often had to provide some form of security interest (or collateral). A commonmethod of doing this was to convey the legal title to the lender until the debt was paid. The agreement under which the loan was made required the lender to reconvey theproperty to the borrower if the debt was paid by a specified date. If the borrower failed topay by that date the lender could keep the legal title to the property. Often lenders wouldretain the property even though the borrower was just a day late in paying. Courts ofequity addressed this by allowing the borrower to pay in a reasonable period of time,often allowing the borrower as much as several years to complete payment on the debt. This was known as the equity of redemption – the right of the borrower to pay off thedebt and get the property back (and thus the value of the borrower’s interest (or equity ofredemption) was the value of the property less the amount of the unpaid debt. While the equity of redemption was a product of the courts of equity it is still notthe concept, or definition, of equity that we are looking for. C. Equity as a Corrective to Law Legal rules can work injustices in situations that weren’t anticipated when the rulewas created. All legal systems need some mechanism to address this problem. In civillaw systems it is usually a combination of broadly drafted code provisions and liberalinterpretation together with a concept of non-binding precedent. In England courts ofequity arguably had their origins in the performance of this corrective to law function. But as courts of equity developed they developed their own rules that were often rigidlyinterpreted and thus arguably came to no longer perform this corrective function. D. Mere Equities There are also what are referred to as â€Å"mere equities†. These are defences to legalactions that were created by courts of equity. Consider, for instance, the defence of setoff in the context of an assignment. In the 17 th century courts of equity developed the concept of assignment. Suppose, for example, A owed B $10,000. B could assign to Cthat right to receive $10,000 from A. But suppose that B owed A $3,000 in a separatetransaction. If B had claimed the $10,000 from A, A could have set the right to receive$3,000 from off against B’s claim for $10,000 (i. e. allowing A to just pay $7,000). C wassaid to take â€Å"subject to the equities† when B assigned to C the right to receive $10,000from A. That allowed A to assert the right of set off against C thus allowing A to just payC $7,000. C would have to seek the other $3,000 from B. Other â€Å"mere equities† that Ctook subject to would include claims that A might have as defences to B’s claim. Forinstance, A might have claimed against B that the debt arose due to duress, mistake,misrepresentation or fraud. A could also assert these defences against C. In other words, 3 C took subject to the equities of the situation between A and B. These defences of Awere so-called â€Å"mere equities†. E. Maitland’s Definition of Equity The meaning of equity that is relevant for our purposes is the meaning thatMaitland gave: â€Å"Equity is now that body of rules administered by our †¦ courts of justice which,were it not for the operation of the Judicature Acts, would be administered onlyby those courts which would now be known as Courts of Equity. † Equity came to be a body of rules. Here is a simple story that perhaps roughlycaptures how this came about. Spouses A and B have two children, X and Y. Oneevening X goes to spouse A and asks to stay up beyond the specified bedtime of 8:00p. m. X argues that there are special circumstances that particular night in favour of beingable to stay up beyond the normal bedtime. A says no. The rule, according to A, is thatbedtime is 8:00 p. m. – no exceptions. X goes to spouse B, the established ultimateauthority in the house, and makes the argument in favour of extending bedtime to 8:30p. . on the particular evening. Spouse B thinks the arguments in favour of extending thebedtime are fair and allows X to stay up until 8:30 p. m. The next night child Y goes tospouse A to ask for an extension of bedtime beyond the normal bedtime of 8:00 p. m. Spouse A sticks to the rule of 8:00 p. m. so Y goes to spouse B. Y makes arguments infavour of extend bedtime on this particular night to 9:00 p. m. The perceptive spouse B(whose pe rception greatly shortens the story) sees the potential for things to unravelthrough a series of claims for exceptions. Spouse B realizes that some restrictions, orrules, will be needed on just when the decisions of spouse A will be interfered with. Spouse A in the story is, of course, intended to be somewhat analogous to a court of lawwhile spouse B represents a court of equity. While spouse B, or a court of equity, mightbegin with the simple notion of doing what is â€Å"fair,† or providing a â€Å"corrective† to thelaw, eventually some rules are created as to when a â€Å"corrective† order will be provided. TheChancellor would draft new writs for actions in the common law courts but by 1350 thecommon law courts had begun refusing new writs on the basis that they were not inconformity with the law. This led to more substantive bases for complaints wherelitigants felt they could not get justice in the common law courts. It was in the context ofthese complaints that the Chancellor began performing equity in the sense of a correctivejustice. For example, courts of law at the time took written documentation of a debt asirrefutable evidence that the debt was owed. Normally when the debt was paid thewritten document would be cancelled. Sometimes, however, the document was notcancelled and the lender would claim again on the debt. Because the written documentwas irrefutable evidence of the debt, the debtor could not prove by other means that thedebt had been paid. The debtor could then file a bill with the Chancellor and provideother evidence that the debt had been paid. The lender would then be called upon toanswer a series of questions posed by the Chancellor. If the defendant (the lender) couldnot provide satisfactory answers the Chancellor would make an order telling thedefendant not to enforce the judgment received from the common law court. This cameto be known as a â€Å"common injunction. † 5 3. Equity Follows the Law and Acts in Personam Here one can see a couple of important things about equity. First, equity followsthe law. The Chancellor did not say the common law rule that written evidence of thedebt was irrefutable. That rule remained. Thus equity took the common law as given andsimply acted in response to decisions of the common law courts. This is sometimesreferred to as the rule that equity follows the law. Second, equity acts in personam. Theorder of the Chancellor did not create a legal right or a property right. If the Chancellorfound in favour of the plaintiff the Chancellor would make an order against thedefendant. 4. From Ecclesiastic Chancellors to Non-ecclesiastic Chancellors Until the early 16 th century chancellors were bishops, archbishops or even cardinals. They were thus usually trained in Roman law and canon law (perhaps lendingsome weight to the notion that the law of trusts may have had its origins in Roman lawand canon law concepts). After the early 16 th century chancellors were seldom ecclesiastics. By the mid 15 th century (around 1430) a court of chancery was set up at Westminster. B. Development of the Law of Uses and Trusts Objectives: 1. Note the early form of the â€Å"use. † 2. Identify and explain three ways in which the â€Å"use† was employed in its earlydevelopment. 3. Note the non-recognition of the use and one of the benefits of its non-recognition. 4. Briefly discuss the recognition of the use. 5. Discuss the reasons for the Statute of Uses and its effect. 6. Note two word formulas that were used in an attempt to avoid the Statute of Uses andthe eventual recognition of these formulas. 7. Explain the reason for the enactment of the Statute of Wills. . â€Å"Uses† – Franciscan Friars, Crusades and the Form of the â€Å"Use† Uses and trusts was an area in which the Chancellor began developing a body ofsubstantive law. As noted earlier, early forms of trusts may have included the concept ofthe use employed by donors to Franciscan friars or by owners of estates leaving on thecrusades. These early forms of t rusts were expressed as conveyances to the use ofanother. In other words, X would convey property â€Å"to A to the use of B† (â€Å"use† derivingfrom the Latin term opus, ad opus meaning â€Å"on behalf of†). In addition to the possible 6 early employment of uses by Franciscan friars or in relation to the crusades, people cameto realize a number of other ways of employing â€Å"uses† to their advantage. 2. Other Ways in Which the Use was Employed a. To Avoid the Feudal Burdens of Wardship and Marriage For instance, the use could be employed to avoid the feudal burdens of wardshipand marriage. The male heir of a tenant under the age of 21 and the female heir of atenant under the age of 16 became the ward of the Lord if the tenant died. The Lord tookthe profits of the land until the child reached the age of 21 (or 16 in the case of a female)and had the right to determine the marriage of the child. This could be avoided byputting the land in the hands of one’s friends, say A, B and C, for one’s own use (i. e. Xconveys to A, B and C for the use of X). This way if X died the feudal burdens ofwardship and marriage did not apply to X’s children since X did not â€Å"own† the land (i. e. was not the legally recognized tenant). A, B and C were the legally recognized tenantsand it was they who owed the feudal burdens. If A died, however, A’s children did notbecome wards of the Lord because the rights in the land passed to B and C by right ofsurvivorship. b. To Avoid the Feudal Requirement of Forfeiture for Treason or Escheat for Felony Feudal land law required that the rights to land be forfeit for treason or wouldescheat to the Lord if the tenant commited a felony. This could be avoided by theemployment of the use since once X conveyed the property to others for the use of X, Xwould no longer be the legal owner (or tenant). Thus commition of treason or a felonycould not result in forfeiture or escheat since X had no property to forfeit. X, however, could still enjoy the profits or use of the land by virtue of the device of the use. c. To Avoid Creditors The use also allowed one to avoid creditors. X would convey to A, B and C to theuse of X. If creditors sought to claim the rights to the land as an asset of X, X’s simpleanswer was that the rights to the land did not belong to X. This was facilitated in theearly days not only by courts of aw not recognizing the use but by the fact thatChancellor also did not, in those early days, recognize the use. Thus X had no legal titlethat the creditors could seize and also had no equitable title that the creditors could claim. d. To Effect Testamentary Dispositions of Land Courts of law held early on that one could not, on one’s death, make a gift of landby testamentary disposition. This was avoided by conveying the property during one’slife to another for the use of oneself and then, on death, to the use of those to whom onewished to make a gift. In other words, X would convey the property to A for the use of Xduring X’s life and then to the use of Y. 7 3. Non-recognition in Courts of Law or byt the Chancellor The use was not recognized in courts of law. Initially it was also not recognizedby the Chancellor. Thus there was no legal mechanism for enforcing uses. It was largelya matter of honour and one had to rely on other mechanisms of enforcement rather thanan order for damages from a court of law. On the other hand, it was the non-recognitionof the use in courts of law that gave it some of its advantages. For instance, theavoidance of creditors or feudal burdens depended on the law not recognizing the cestuique use as having any right or title to property enforceable in a court of law (or even anequitable interest recognized in the Court of Equity). 4. Subsequent Recognition by Chancellor This reluctance of courts of law to enforce uses led to appeals to the King toenforce the use. Appeals to the King were made on the basis that the King was theresidual source of justice. The King could provide justice where the courts wereunwilling to (or unable to because the complaint did not fall within the recognized formsof action). Initially the Chancellor did not recognize the use but, with an increasingnumber of complaints against faithless trustees, the Chancellor began to recognize usesby about the beginning of the 15th century (in 1420). The Chancellor would make anorder against the feoffee to uses (trustee) to comply with the obligations they had agreedto in favour of the cestui que use (beneficiary). For example, if A conveyed land to B forthe use of C but B retained the profits of the land to himself C could complain to theChancellor. The Chancellor would call upon B to explain why he had kept the profitsand if he had no good explanation then he would be ordered to restore the profits to C(i. e. , what we would now call the remedy of â€Å"accounting†). The right of the cestui queuse was against the feoffee to uses and thus a personal (or in personam right) but later itwas held that these beneficial rights could be enforced against third parties other than abona fide purchaser without notice and thus the right of the beneficiary came to lookmore like a proprietary (or in rem) right. 5. Later Statute of Uses to Prevent â€Å"Uses† The recognition of the use by the Chancellor led to an increased employment ofthe use. The employment of the use to avoid feudal burdens led to a reduction in thefeudal rights to Lords, most notably to the ultimate Lord, the King. There was also theconcern that rights created through the use could be created without writtendocumentation (i. e. , orally or by an oral direction to the foeffee to uses). The King’sresponse was to urge Parliament to pass the Statute of Uses in 1535. This statuteprovided that the person in whose favour the use was made became the legal owner of therights to the land. In other words, prior to the Statute of Uses when X conveyed to A for the use ofB, A was the legal owner of the land but it was to be used for the benefit of B. After theStatute of Uses when X conveyed to A for the use of B the conveyance to A was ignored 8 and the whole expression was treated as a conveyance directly to B. Thus B became thelegal owner. So let’s go back to the employment of the use by X to avoid the feudal burdens ofwardship and marriage. X conveys to A, B and C for the use of X. This conveyance onlyoperated to convey property from X to himself and thus was no conveyance at all. Inother words, X could no longer avoid feudal burdens by the employment of the use. Xstill had the legal title to the land in spite of the purported conveyance. 6. Ways Around the Statute of Uses As suggested above, the use had a number of advantages. Not surprisinglyattempts were made to recapture its benefits despite the Statute of Uses. It was not longbefore creative ways were found to avoid the effect of the statute. Of the techniques ofavoiding the Statute of Uses perhaps the most important was the employment of a useupon a use. The use upon a use was effected by conveying â€Å"A to B for the use of C in trust forD† or â€Å"A unto and to the use of B in trust for C†. In the first wording the Statute of Usesoperated to make C the legal owner of the land. But C held the land in trust for D. Courts of law did not recognize the second use (or trust) since it was repugnant to the usegranted to C [Tyrrel’s case (1557), 73 E. R. 336]. Initially Courts of Chancery alsorefused to recognize the second use. Courts of Chancery, however,later came torecognize the second use [in Sambach v. Dalston (1634), 21 E. R. 164]. The effect of this was that the use was restored to its pre Statute of Uses statesimply by the addition of a few words in the form of conveyance. 7. The Statute of Wills One of the advantages of the use was to effect a testamentary disposition of rightsin land. With the enactment of the Statute of Uses, and before the recognition of the useupon a use, the use could no longer be employed to effect a testamentary disposition ofproperty. The apparent abolition of the testamentary employment of the use was not wellreceived. It led to a rebellion which resulted in the Statute of Wills in 1540 whichpermitted a person make a testamentary disposition of property. 9 C. Development of Equity and Trusts After 1550: From â€Å"Conscience† toâ€Å"Equity† Objective: Briefly describe the development of Equity and trusts from 1550 to 1700. 1. Growing Popularity of Courts of Equity and Conflict with Courts of Law The early simplicity of procedure in Chancery courts made them popular. Thenumber of matters brought before the court of chancery in the 16 th century grew significantly. This led to competition between Chancery and common law courts. Judges in common law courts did not like the common injunctions issued by Chancerycourts. In Finch v. Throgmorton in 1598 [3 Bulstr. 118] the validity of commoninjunctions was referred to all the judges of England and were pronounced by them to beinvalid. Lord Chancellor Ellesmere continued to issue common injunctions. Lord Coke,who became chief justice of the Court of King’s Bench in 1613, criticized commoninjunctions claiming that the tendency of courts of equity to re-examine common lawjudgments and to issue orders against the enforcement of common law judgments tendedto subvert the common law. In Heath v. Ridley in 1614 [2 Cro. 335] Lord Coke broughtthe issue to a head when he refused to accept a common injunction issued by LordEllesmere. The King ruled in favour of Lord Ellesmere and Lord Coke was laterdismissed from office. 2. Courts of Equity Survive the Civil War and Removal of the Monarchy After the English Civil War in the 1640s and 1650s Parliament voted in favour ofthe abolition of the court of chancery (in part because of its close association with themonarchy) but the House could not agree on legislation to transfer chancery jurisdictionto the common law courts. Thus the court of chancery survived through to the restorationof the monarchy. 3. Seventeenth Century Developments – Equity as a Body of Substantive Law By the late 17th century the role of Chancery was expanding with control overwardship and the development of fiduciary guardianship, the equity of redemption, andassignment of choses in action. In other words, the court of chancery was developing itsown substantive law. The court was applying â€Å"equity† as a body of substantive law ithad developed and was less the court of â€Å"conscience† it had been in the past. Many developments in equity came to be reflected in the â€Å"common law† itself oftenthrough legislation (e. g. Statute of Wills), but sometimes by common law courtsborrowing concepts from equity. The development of reporting of Chancery decisionsafter 1660 contributed to the development of a body of principles of equity. By the endof the 17th century the court of chancery had developed concepts such as the equity ofredemption and the assignment of choses in action. 10 The way the trust was being used was also changing. By the late 17th century thetrust was being used not just to hold property but to manage property by giving trusteeswide powers to manage the property, improve it, mortgage land, pay off debts, provideincome for widows and dependants, educate children, etc. D. Equity and Trusts, 1700-1900: Disaffection, Reform and FusionObjective: Briefly describe the development of Equity and trusts from 1700 to 1900. There were developments of equity in the 18th century. Equity was the mainsource of protection of copyrights and trademarks since these could be protected throughthe equitable remedy of injunction. Equity† was becoming more and more a body ofsubstantive law rather than just a collection of equitable maxims. The 18 th century also saw the development of of the business trust in part inresponse to the Bubble Act of 1720 that had prohibited an early precursor to thecorporation referred to as a joint stock company (which was really a large partnership). Trusts in the 18 th century in creasingly took the form of a fund of investments, such asstocks and bonds, that the trustee would administer for the benefit of others rather thanbeing used primarily for the holding of land. However, growing procedural complexity caused the court of chancery to becomeincreasingly slow and inefficient resulting in a reduction in cases. The Chancellor dealtwith all cases directly. Proceedings were done by way of written interrogatives followedby written depositions in response. Copies were made for all parties and werehandwritten by law writers. Fees were paid instead of salaries which gave personsinvolved an incentive to prolong proceedings. The slow process was remarked on by aToronto lawyer (Skivington Connor) in 1845 concerning the process of the court ofchancery in Ontario at the time, That’s the business I like, the pace slow and dignified, the pay handsome, and agentlemanly understanding among practitioners to make it handsomer. †There was some response to the slow pace of the court of chancery prior to the enactmentof the Judicature Act of 1873. In 1813 a vice-chancellor was appointed. A Court ofAppeal in Chancery was created in 1851 and the Court of C hancery was given powers touse juries to try facts. Similarly in the 19 th century common law courts were given powers to grant injunctions and admit equitable defences. Thus there was somemovement toward fusion of courts of law and courts of equity. Eventually the Court ofChancery was abolished in 1873 and the common law courts took over the administrationof both the common law and equity. 11 III. HISTORICAL DEVELOPMENT OF EQUITY IN CANADA Objectives: Be able to briefly trace the history of the exercise of equitable jurisdiction in the Atlanticprovinces, Ontario, Quebec, the West and the North. The reception of equity jurisdiction in Canada varied from province to province inthe eastern provinces. The timing of the settlement in and creation of most of the westernprovinces was in the latter part of the 19 th century when the merging of courts of law and courts of equity was already being considered in England. A. Atlantic Provinces In Nova Scotia the Governor, as Keeper of the Great Seal, exercised equityjurisdiction (as early as 1751 when the first bill in equity was filed). This approach wasextended to Prince Edward Island and New Brunswick when these colonies were created(in1769 and 1784 respectively). In Nova Scotia matters were decided on the advice of acouncil until 1764. In 1764 three â€Å"Masters in Chancery† were appointed to assist theGovernor. Initially these Masters in Chancery were not legally trained but by later in the19th century legally trained masters of the rolls were appointed in Nova Scotia, NewBrunswick and Prince Edward Island. The merging of law and equity jurisdiction occurred in New Brunswick and NovaScotia well before the enactment of the Judicature Act in England in 1873. In NewBrunswick in 1854 and in Nova Scotia in 1855 the position of master of the rolls wasabolished and equity jurisdiction was transferred to the Supreme Court. The merging ofcourts of law and courts of equity in Prince Edward Island did not occur until 1974. Newfoundland did not follow the model of the Governor exercising equityjurisdiction. Instead equity jurisdiction was exercised by the Supreme Court and thispractice was later codified in 1825 (almost 50 years before the merging of courts of lawand courts of equity in England). 12 B. Ontario and Quebec Quebec Equity jurisdiction lasted only briefly in Quebec. From the Royal Proclamationof 1763 the Governor of Quebec sat as Chancellor until Quebec Act of 1774 restored thecivil law system to Quebec. Ontario Governors in Ontario, curiously, refused to exercise equity jurisdiction. It hasbeen suggested that this may have been due to pressure from lenders since without theexercise of equity jurisdiction there would be no equity of redemption in favour ofdebtors. Eventually pressure from debtors mounted and a legislative form of equity ofredemption was adopted. The establishment of a Court of Chancery followed shortlyafterwards in 1837. This may have been in response to pressure from lenders again. Thelegislature having created a legislated equity of redemption for borrowers, the lendersmay have wanted to have the corresponding right of foreclosure which was also adevelopment of equity cutting off the right of redemption after a reasonable period oftime. The Ontario Court of Chancery was later absorbed into High Court of Ontario in1881. C. The West and North When courts were being established in the west and north the move towardsunifying courts of law and equity was well advanced. Thus when courts were establishedin these jurisdictions they were given jurisdiction over both law and equity. It was,however, the practice in Manitoba and British Columbia to have divisions of the courtwith a division administering law and another division administering equity with theusual restrictions on courts of law not being able to give equitable remedies. Later thesedivisions were abolished (e. g. , in Manitoba in 1895). 13 IV. FUSION Objectives: Be able to: (i)Distinguish between procedural and substantive concepts of fusion. (ii) Provide an example of the potential practical effect of the distinction. (iii) Briefly discuss the current status of the debate over the fusion of law and equity. A. Procedural vs. Substantive Fusion What did the Judicature Act in England in 1873 do? Did it merge the rulesapplied by courts of law and the rules applied by courts of equity into a single body oflaw? Or did it simply allow for court proceedings to be started in one court that hadjurisdiction to apply rules of law and rules of equity without any formal merging of thetwo bodies of rules? In other words, did it provide for substantive fusion or proceduralfusion? Substantive fusion means that the rules of law and equity are merged into a singlebody of rules. Procedural fusion means that one can apply to a single court following asingle court procedure and that court could administer both rules of law and rules ofequity and apply remedies of the sort that were formerly available in either a court of law(e. g. damages) or a court of equity (e. g. injunction, specific performance, accounting). The difference is often captured by the Ashburner’s [Principles of Equity (London: Butterworths, 1902)] so-called fluvial metaphor: â€Å"The two streams of jurisdiction, though they run in the same channel, run side byside and do not mingle their waters.In that metaphor law and equity are perceived as two separate streams (courts) that cometogether (in one court). Ashburner’s statement using the fluvial metaphor says that thefusion was procedural only. In other words, the two streams came together but the watersof the two streams (rules of law and rules of equity) did not intermingle but ran side byside in the same channel (i. e. could be applied by the same court). In the metaphorsubstantive fusion is perceived as an intermingling of the water from the two streams intoa single integrated stream. The Judicature Acts dealt with some areas of conflict and provided a general rulethat where rules of law conflicted with rules of equity the rules of equity were to prevail. Cases: [Walsh v. Lonsdale (1882)] [United Scientific Holdings v. Burnley Council, [1978] A. C. 904 (H. L. )] 14 [Fusion resulting in equity prevailing over common law or was it in fact common lawprevailing over equity] [LeMesurier v. Andrus (1986) Ont. C. A. ] B. An Example of the Practical Legal Effect Canson Enterprises Ltd. v. Boughton [1991] 3 S. C. R. 534 In Canson Enterprises Ltd. . Boughtonthe plaintiff had purchased land and thenbuilt a warehouse on the land. The warehouse was severely damaged when thesupporting piles began to sink. The plaintiff successfully sued the engineers but theyturned out to be judgment proof. The plaintiff then sued its solicitor who had made asecret profit from the purchase of the land. They claimed that as a solicitor the solicitorowed them a fiduciary duty not to make a secret profit from a transaction in which thesolicitor was acting on behalf of the plaintiff as purchaser. That claim was based onprinciples developed by courts of equity which had long held solicitor’s to owe fiduciaryduties to their clients and had drawn on the fiduciary duty principles they had developedin the context of trustees in setting out the scope of a solicitor’s fiduciary duties. The defendant solicitor claimed that while he would be required in equity toaccount for the profit he had made he would not be liable for the damages to thewarehouse (which were much greater than the secret profit) because his secret profit didnot ause the loss to the plaintiff from the damage to the warehouse. The plaintiff arguedthat since the claim for breach of fiduciary duty was a claim in equity principles such asremoteness, mitigation, and causation which were principles developed by courts of law,did not apply. In other words, the plaintiff was saying that there was procedural fusiononly. If a claim was based on principles that had been developed in courts of equity thenthe appli cable rules were only those drawn from developed by courts of equity not thosedeveloped by courts of law. C. The Current Status of the Fusion Debate A majority of the Supreme Court of Canada held that there was no real distinctionbetween damages in a common law claim and equitable compensation in a claim inequity and thus common law concepts of remoteness and causation could be used inassessing the remedy. In other words, they did not stick the solicitor with the fulldamages to the warehouse. Madam Justice McLachlin, as she was then, felt that theresult could be reached on equitable principles with respect to equitable compensation. Neither the majority judgment nor the judgment of Madam Justice McLachlin make itclear whether law and equity were substantive fused or merely procedurally fused. Theyboth seemed to feel that the application of common law principles and equitableprinciples in the particular case were consistent so their was no need to draw on commonlaw principles into an equitable claim. However, Madam Justice McLachlin did note thatâ€Å"we may take wisdom from where we find it, and accept such insights offered by the lawof tort, in particular deceit, as may prove useful. It thus appears that where there is aconflict one the court will resolve it with broader policy considerations. 15One should thus be alert to the potential differences between rules of law andequity and how they may impact the result but also be ready to argue for a particularresult from a policy perspective (much as the plaintiffs did in Canson by arguing that toensure that fiduciaries are held to high ethical standards they shou ld be strictly liable forall losses flowing from a breach of duty).

Sunday, September 15, 2019

Compare and Contrast to “Desiree’s Baby” by Kate Chopin and “Hills Like White Elephants” by Earnest Hemingway Essay

To some people a baby can be the best thing that ever happened to them, but then there are others who have decisions to make. They will go through an important stage in any relationship, the make it or break it stage. The two stories that I will be analyzing will be â€Å"Desiree’s Baby† by Kate Chopin and â€Å"Hills like White Elephants† by Earnest Hemingway. In both stories the characters found out how babies can be a deciding factor in a relationship, and that’s what I will be focusing on. In â€Å"Desiree’s Baby† the morale of the story is â€Å"we often get into trouble when we assume† (Mayer, Gary H.). The husband even though he claimed to have loved his wife rejected her in a time of need, the result of it he ends up losing his wife and son. When the husband found out that everything he knew about his wife was a lie, he forgot about everything he said and just abandoned his family, in the text it said, â€Å"He could give her one of the oldest and proudest names in Louisiana† (Paragraph 4, line 4). Read Also:  Compare and Contrast Essay Topics for Middle School Armand let judgment deter him from what’s really important which is even if he and Desiree did not last he should still be there for his child. Even though â€Å"Desiree’s Baby† dealt with race I look at it as a deciding moment in a relationship, especially if the couple is married to know that you are going to stay together. The baby wasn’t the reason why the couple didn’t make it but the baby was the start of why they didn’t work. In â€Å"Hills like White Elephants† it shows the struggle one couple faced with deciding whether or not they wanted to tackle parenthood. The couple, â€Å"the American† and â€Å"the girl† both are unsure of their fate. The American just wants to walk away and the girl just wants to make him happy, â€Å"American male protagonist dominates the meeker, weaker-sexed jig of her femaleness† (Busch, Frederick; 234). There are lots of people that the man still has the bigger role in the rel ationship, but in those relationships comes a lot of animosity to the companion later. In one part of the story the couple were going back and forth about whether or not they should go through with it and to end it off Jig decides that she will, â€Å"just do it†[ because she doesn’t care about herself]. Never in anybody’s time should you ever put someone else first before over yourself. Doing that just leads down a road of destruction, and then the fact that this whole conversation is about abortion they probably should just get rid of it because she could just end up alone. Jig sounds as if she has no will or fight in her so she probably shouldn’t take care of a child. The baby in this story played a  huge role for its future possible parents. The couple had to make a decision that if it were the wrong one could have broken them up, or made their relationship a happy one. Both â€Å"Desiree’s Baby† and â€Å"Hills like White Elephant† realized their mistakes and tried and wished they could have corrected them. Babies shouldn’t be left the burden on people lives but that’s where they are placed at times. But it just makes you think to times where it wasn’t a good time to have kids or the situations that these people were placed in that made their children a downfall and a burden instead of a gift or a miracle. Bibliography Busch, Frederick. â€Å"On Hills Like White Elephants.† Norton Anthology of Short Fiction. Ed. R. V. Cassill et al. 6th ed. New York: Norton, 2000. 761–62.  Mayer, Gary H. â€Å"A Matter of Behavior a Semantic Analysis of Five Kate Chopin Stories.† January 2010. 94-100 Rankin, Paul. â€Å"Hemingway’s Hills like White Elephants.† Hinds Community College. Heldref Publication