Infection control enabling and assessing teaching Essay

Infection control enabling and assessing teaching - Essay Example Therefore, educational knowledge or nursing knowledge is integrated practical knowledge (Stake, R., 1977, p. 121-124). Life-long Learning: Life-long education is not a new concept, but the rapidly changing social conditions of the contemporary society has provided a wider impetus for a wider acceptance of this idea, and the adult educators have been a major force in drawing attention to the practice of life-long learning. To assess learning, the educator utilizes a wide range of methods for evaluating pupil performance and attainment. These include formal testing and examinations, practical and oral assessments, and classroom based assessment. Theoretically, there are three types of assessments. Formative assessment takes place during the course of the teaching and is used essentially to feed back into the teaching or learning process. Summative assessment takes place at the end of the term or a course and is used to provide information about how much the students have learned and how well as course has worked. Ipsative assessment is the third and the most important category in which the pupil evalu ates his/her performance against his/her previous performance (Wilkinson, W. J. and George, N. J., 1982, p. 222-235). This indicates that the process of assessment is undergoing a shift in the paradigm from psychometrics to a broader model of educational assessment and from the culture of testing and examination to the culture of assessment. There is a wider range of assessments that are in use now. These include teacher assessment, standard tasks, coursework, records of achievement, practical and oral assessments mentioned earlier, written examinations, and standardized tests. There are criterion-referenced, formative, and performance-based assessments as well as norm-referenced testing. The consequent high-profile status of assessment is mainly due to the fact that assessment is required to achieve a wide range of purposes (Carr, W., and Kemmis, S., 1986, p. 86-94). The assessment process is mainly designed to support teaching and learning; it would provide information about pupil s, teachers, and schools. In this way, assessment would drive curriculum and teaching and act as a selection and certification device and as an accountability procedure (Briton, D., 1996, p 101-102). Adult learning theory has been strongly influenced by humanistic psychology, although there is no single theory that represents the humanistic approach. All such theories share a common view that this approach involves the study of a man as a human being, with his thoughts, feelings, and experiences (Brookfield, S., 1985, p. 23-28). This is in direct contrast to the stimulus-response theories, which study man from the point of view of overt behaviour, disregarding his inner feelings and experiences. Humanistic theories differ from cognitive theory in that the latter is concerned with the thinking aspects of a man's behaviour with little emphasis on the affective components. Humanistic theory is closely related to the philosophical approach called phenomenology, which asserts that reality lies in a person's perception of an event and not in the event itself. This also underpins three other concepts,

Tort Law Coursework Example | Topics and Well Written Essays - 1500 words

Tort Law - Coursework Example According to Winfield & Jolowicz (Tort, 17th ed. ; WVH Rogers ed), in order to hold the defendant liable for defamation, the claimant has to prove the following elements: 1. The statement must be defamatory; 2. The statement must refer to the claimant; 3. It must be published i.e. communicated to atleast one person other than the claimant. The aforementioned principles as applies to the present context in the following manner: 1. The statement must be defamatory: The statements made by Alex were to the effect of degrading public image of the players and team manager. Besides causing harm to their reputation in public, the statement also tends to raise ethical questions on the players and the team manager and hence lowers them in the public eye. Vide Lord Atkin’s judgement in Sim v. Strech [(1936) 52 TLR 669], it is now the settled position of law that any statement that tends to lower the claimant in the estimation of right thinking members of the society can be defamatory. Th is position has been reemphasised in several of the recent judgements as well. Therefore, it cannot be said that the statement is not defamatory and accordingly, any defence on those lines will be valid, if at all, subject to unique situation of the present case and other factual considerations. 2. The statement must refer to the claimant: In the present context, it is undisputed and clear beyond doubt that the statement made is very specific to few players and the team manager. Hence, provided that a claim is brought by the named few, this element will apply and hold good. 3. The statement must be published: In order to ascertain whether this element can be satisfied in the present context, it is necessary to analyse how ‘publication’ is interpreted at common law over a period of time. The statement vis-vis Alex, is made only to one person other than the claimant. The question therefore is – whether such an act of sharing one’s belief with another person without knowledge of the fact that such beliefs/statements would be published, amounts to ‘publication’. At common law, the element of publication is satisfied even if the defamatory statement is made to one person other than the claimant. In Crossland v. Wilkinson Hardware Stores Ltd. [(2005) EWHC 481 (QB)], it was held that slander, which is defamatory statement made orally, made to one person can have a damaging effect. Having said that, another element that needs consideration is – the potential cause of action. It is a settled principle at common law that chain of causation breaks when a statement made is published as it amounts to repetition [Ward v. Weeks (1830) 7 Bing. N.C. 211 followed in Weld Blundell v. Stephens [(1920) A.C. 945]. Thus, in the present case, there would be two causes of action available to the claimants. The first being statement made by Alex to Barbera; the second being the article published in The Daily Truth. The implications differ depending upon the claimant’s choice of action. The defendant in such cases is not liable for the published article where she did not intend such publication/repetition [Cutler v. McPhail (1962) 2 Q.B. 292]. Thus, if the claimants’ cause of action the newspaper article only, then Alex cannot be held liable as she did not intend repetition or publication of the statements made. II TORTIOUS LIABILITY OF BARBERA A. Factual matrix material to the potential lis 1. Barbera has obtained

Public Company Accounting Reform and Investor Protection Act Essay

Public Company Accounting Reform and Investor Protection Act - Essay Example This state of affairs triggered a requirement for a regulation that could establish legal requirements for companies to ensure that their systems are controlled and the information they publish conform to the actual status, and is not altered, modified or changed with an intention to deceive anyone. The Sarbanes Oxley Act (also known as known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX or Sarbox (Wikipedia.org, 2007), was implemented in 2002 to regain public's trust in the accounting and reporting practices of companies in US, to reinforce investment confidence and protect investors by improving the accuracy and reliability of corporate information with regard to finance, operations and information systems. A brief description of key provision of SOX is provided below: A Public Company Accounting Oversight Board (PCAOB) was established as a result of the passage of the act, to ensure that interests of the investors in public companies are secured, and the audit reports are developed and represent true and fair opinion on the affairs of the company (FindLaw.com 2002). The key functions and duties of PCAOB as documented in the law are as follow: The 'independence' of the auditor is critical for performing any audit related activity for any client. ISACA (Information Systems Audit and Controls Association) (2006) requires auditors to be independent of auditee in both attitude and appearance (professional independence) and the entire audit function to be independent of the area or activity being reviewed to permit objective completion of the audit assignment. The SOX act requires the auditors to be independent. The law states that auditors should not have any operational and/or decision making role for the activity which they are auditing. Corporate Responsibility The act requires public companies to certify in their financial reports that a senior manager has reviewed the report and that the report does not have material misstatements. As per section 302 of the act, the senior management is responsible to develop and implement system of internal controls, and compliance systems. The act requires that the corporate financial statements should have following certifications: The signing officers have reviewed the report The report does not contain material misstatement or material omission or is misleading The financial statements and information fairly represent the factual position and health of the company The signing officers are responsible for internal controls and have reviewed internal controls in previous 90 days Significant changes to internal control environment The report should have a list of all deficiencies in the internal controls and information on any fraud involving employees Enhanced Financial

Analysis on the medieval play Noah's Flood Research Paper

Analysis on the medieval play Noah's Flood - Research Paper Example Her character is belittled in the play as a woman who lacks wisdom, foresight and who is not submissive to her husband. Her reaction suggests that she likes gossiping with her friends and actually seems to prefer to stay on with them as opposed to going into the ark with Noah. According to her, her friends are the people who truly love her and care for her and she believes she is the only one that can ensure those friends are saved (Page 314: 200-8). In the case of Noah’s wife, the hierarchical trends in society are bucked to the extent that Noah appears to be a henpecked man who submits to the will of his wife; hence it is his wife who appears to have authority in their household. For example, despite her resistance to going into the ark, Noah is concerned about her and asks his sons to bring her on (www.lib.rochester.edu). He says: â€Å"Welcome wife, into the boat† (Page 315:245) but Noah’s wife’s reaction is to give him a sharp slap, with the response, â€Å"Have thou that for thy note!† (Page 315:246). Noah does not retaliate as another man would have done, to put his wife in her place with sharp, belittling words or physical violence. He winces at the slap he receives and says, â€Å"Aha Mary, this is hot!† (Page 315:247), but merely continues â€Å"It is good to be still.† (Page 315:248). The play about Noah’s Flood is very important in the religious context, because it sets out various themes that are later also replicated in the Bible. The inclusion and depiction of the character of Noah’s wife is significant, especially when compared to Adam and Eve. Noah appears to be like Adam – a godly man with a rebellious wife. Noah’s wife’s resistance to going into the ark appears to symbolize the sin of mankind (www.geocities.com). In a similar manner to Noah’s wife refusing to go into the ark, man also refuses to turn

Profane and anodyne language Essay Example | Topics and Well Written Essays - 1000 words

Profane and anodyne language - Essay Example In other words, even to swear a person has to follow at least some of the rules for example subject predicate agreement. While indeed, some forms of swearing allow a greater freedom on grammar such as rejection of changes that occur when a verb is used in third person singular, but it is obvious that a sentence that contains profanity must be grammatically correct. The next obvious similarity between profane and anodyne language focuses on the use of historical grammar. Thus, the rules which were invented at a certain time are applied to all areas of the language, regardless of whether it is commonly used one or not. In addition to that, as grammatical rules change they are simultaneously projected onto profanity as well. In other words, these two areas of language do not develop separately. Finally, just like many aspect of grammar of anodyne language is conditioned by traditions, for example the forms of politeness, certain elements of profane language are conditioned by traditions as well. In other words, a particular nation in the course of its development did not only pay attention to one area of the language, but also was developing, maybe even unconsciously, a different area of it which is not commonly acceptable. Therefore, the peculiarities of grammatical usage of profanity are influenced by the same external cultural forces that influenced anodyne language. However, it must be noted that there are significant differences that can be identified between the above mentioned areas of language.

The House of Tata Case Study Example | Topics and Well Written Essays - 1250 words

The House of Tata - Case Study Example The House of Tata, India’s oldest and largest group of companies, was also one of the country’s most respected business organizations. The Tata Group enterprises, worth a market value of Rs. 290 billion in FY96, included 84 separately traded companies spanning 25 sectors of the economy, with 270,000 employees and FY95 sales of Rs. 220 billion.2 Ratan Tata, chairman since 1991 of the group holding company. Jamsetji Tata planted the roots of the Tata Group by establishing a single textile mill in 1874. Throughout his expansive career, he never lost sight of his goal to encourage India’s industrial and intellectual development. The House of Tata built world-class capacity in steel and hydroelectric power, and developed modern manufacturing methods, technical education, and research capabilities. Jamsetji founded the J.N. Tata Endowment Trust in 1892 to provide loan scholarships for Indian nationals with outstanding academic records to pursue higher studies abroad. T he later Tatas lived up to their patriarch’s legacy, and by the mid 20th century, 85% of the Tata family’s original share in Tata Sons was transferred to two charitable trusts, the Sir Dorabji Tata Trust and the Sir Ratan Tata Trust.

Robert W. Sweet Essay Example for Free

Robert W. Sweet Essay To ponder the legal and judicial problems that arise from the drug war we turned to Robert Sweet, a District Judge in New York City. He has served as an Assistant U. S. Attorney and as Deputy Mayor of New York City under John Lindsay. He is a graduate of Yale and of Yale Law School. WHY does a sitting judge, constitutionally charged with enforcing the laws of the United States, seek the abolition of the criminal penalties attached to drug use and distribution? The answer in my case stems from personal experience, leading to the conviction that our present policy debases the rule of law and that its fundamental premise is flawed. In college in the Forties, while experimenting with the drug of choice alcohol I cheerfully sang the lyrics of Cocaine Bill and Morphine Sue, without any understanding of the reality behind the words. As an Assistant United States Attorney in the Fifties, I accepted the enforcement of the drug laws without question. In the Sixties, as Deputy Mayor of the City of New York, I supported methadone and various modalities of treatment and rehabilitation. After becoming a federal trial judge in 1978, I presided over drug trials and sought to impose just sentences ranging from probation to twenty years. Then Congress enacted mandatory minimum sentences, and judicial discretion was radically restricted. The day in the fall of 1988 that I was mandated to sentence Luis Quinones, an 18-year-old with no prior record, to ten years of real time because he was a bouncer in an apartment where drugs were being sold, I faced our national drug policy and the need to re-examine it. Assisted by the writings of Professor Ethan Nadelmann I concluded that our present policy of criminal prohibition was a monumental error. A number of other judges have reached the same conclusion. Judge Weinstein has characterized our present policy as utter futility, and Judge Knapp has likened it to taking minnows out of the pond. As Chief McNamara writes, the realities of criminal prohibition are becoming recognized. The first and foremost effect is the creation of a pervasive and unbelievably powerful underground economy. The Economist estimates that the markup on cocaine and heroin is not 5,000 per cent, as Messrs. Buckley and Duke suggest, but 20,000 per cent. The drug market in the United States is estimated at $150 billion a year. At least one group of distributors in a case before me sold 37,500 kilos of cocaine a month for gross sales of almost $20 million a month, and this group was but one of a number operating here. While this economic engine drives forward, so have our efforts to punish those who operate it. Today we have the highest incarceration rate for any Western nation, almost 1 million [There are higher estimates. ED. ] In jails or prisons at a cost of $20 billion a year. Federal drug cases have trebled in ten years, up 25 per cent in 1993 alone, with marijuana cases up 17 per cent. The total federal expenditure on the drug war this year under the proposed budget will exceed $17 billion. Ten years ago the annual expenditure on the drug war was $5 billion for all governments, federal, state, and local. While our expenditures have increased tenfold, the number of Americans using drugs has remained relatively constant at 40 million. Steady users are estimated to be 6 million, with 1 to 2 million of those seriously disordered. Our present prohibition policy has failed, flatly and without serious question. Secondly, the rule of law has been debased by the use of criminal sanctions to alter personal conduct. Of course, the same effort was made in the Twenties and Thirties with respect to alcohol, with the same results. Al Capone and Nicky Barnes are interchangeable. Drive-by shootings, turf wars, mugging, and random violence are all the direct result of criminal prohibition. Courts are clogged with drug cases to such an extent that in some jurisdictions (the Eastern District of New York and the Southern District of Florida, for example) it is difficult to find the resources to try civil cases; yet, the street-corner availability of drugs is known to every citizen. The rights of the individual have been curtailed in the name of the War on Drugs. We have seen the elimination of an accuseds right to pretrial release for most charges under the drug laws; heightened restrictions on post-conviction bail; and invasions into the attorney client relationship through criminal forfeiture. The criteria for securing a search warrant have been relaxed. In drug cases, the Supreme Court has permitted the issuance of search warrants based on anonymous tips and tips from informants known to be corrupt and unreliable; permitted warrantless searches of fields, barns, and private property near a residence; and upheld evidence obtained under defective search warrants if the officers executing the warrant acted in good faith. Taken together, these holdings have been characterized as the drug exception to the Fourth Amendment. Police corruption and the unwholesome practice of using confidential informants (one of whom made over $100,000 in a case before me) have been noted by Chief McNamara. Finally, the fundamental flaw, which will ultimately destroy this prohibition as it did the last one, is that criminal sanctions cannot, and should not attempt to, prohibit personal conduct which does no harm to others. Personal liberty surely must extend to what, when, and how much a citizen can ingest. The Framers of our Constitution explicitly acknowledged that the individual possesses certain rights not enumerated in the text of the Constitution and not contingent upon the relationship between the individual and the Federal Government. When a right has been narrowly defined as, for example, the right to possess marijuana or cocaine, the courts have refused to recognize it as one that is fundamental in nature. However, when the right to ingest substances is considered in more general terms as the right to self-determination, that right has a constitutional foundation as yet undeclared. To overturn the present policy will not be easy, given the established bureaucracy, but President Kennedy at the Berlin Wall was correct: Change is the law of life. We must recognize that drug use is first and foremost a health problem, and that, as Professor Nadelmann has established, mind-altering substances are a part of modern life to be understood and their effects ameliorated, rather than grounds for prosecution. Alcohol and tobacco have a social cost when abused, and society has properly concluded that abuse of these drugs is a health problem, not a criminal issue. Indeed, our experience with the reduction of 50 per cent in the use of tobacco the most addicting of drugs, which results in 400,000 deaths a year confirms the wisdom of that policy. To distinguish between these substances and heroin or cocaine is mere tautology. While the medicalization of the issue is going forward, Congress should accept the recommendations of President Nixons commission on the drug laws and of the National Academy of Sciences in 1982 and end the criminalization of marijuana, which is now widely acknowledged to be without deleterious effect. That reform alone would take 450,000 arrests out of the system. The latest crime bill proposed a study of violence and crime encompassing drug policy but failed to fund it. The Surgeon General proposed such a study and got fired. Such a study, if fairly conducted, would compel the abolition of criminal prohibition of drugs by the Federal Government, permitting all drugs to be treated much the same as alcohol: restricted by the individual states as to time and place of sale, barred from minors, subject to truth in advertising, and made the source of tax revenue. As with alcohol, those who harm or pose a threat to others while under the influence of drugs would face criminal sanctions. The effect of the underworld drug economy, the debasement of the rule of law, and the undermining of fundamental fairness and individual rights under the war on drugs all combine to require that the criminal prohibition against drug use and distribution be ended.