Media Reaction Paper – West Side Story

Media Reaction Paper: West Side Story West Side Story was one of the first musicals this writer saw on Broadway. It was such a mesmerizing experience to live the culmination of the hard work performed by a group of very talented individuals that stemmed from a single idea. It was not until research was done for this paper that this student realized what a great cultural impact West Side Story was when it was first introduced to audiences. The book for West Side Story was written by Arthur Laurents in 1949. An interesting fact about this legendary story is that it was not always named West Side Story. The original name given this tale, based on Romeo and Juliet, was â€Å"East Side Story. † It was written as a rivalry tale between a gang of Roman Catholic teenagers named The Jets, and a gang of Jewish teenagers named The Emeralds. Because this topic of rivalry between the Jewish and Roman Catholic communities was redundant in the industry at the time, the creative team composed of Arthur Laurents, Jerome Robbins and Leonard Bernstein, decided to put the project on hold. Thus, they ceased work on the idea for a period of almost five years (Miller, 2006). After five years the creative team reunited to work on other projects and decided to revisit East Side Story and give it a completely new twist and decided to set it in Harlem, New York City (Miller, 2006). West Side Story depicts the love between a Caucasian teenage boy from the West Side of New York City and a young Puerto Rican girl from the same neighborhood. The characters were all from a poor neighborhood and hung out on the streets together. There were two gangs that were in constant conflict with each other: The Jets and The Sharks. Tony, the main character, is a member of the Jets, a gang composed of Caucasian teenage boys. He is however, different from the rest of the members and wants to work and someday go on his own way. Maria is the sister of the leader of the Sharks, a gang composed of teenage Puerto Rican boys. Maria and Tony meet and instantly fall in love and have to deal with the turmoil of being from different cultural backgrounds and the difficulty of having their love accepted by each of their groups. The relationship causes conflict in the neighborhood that results in violence and ultimately Tony’s death. West Side Story was considered a breakthrough for the Puerto Rican community. Very little exposure about the Puerto Rican culture and their presence in New York City had been portrayed in any type of media up to the time the play’s debut on Broadway. Although Puerto Rican’s were depicted with stereotypes that were not necessarily true about their culture, the story delivers a message of change. It describes racism as dangerous and as an obstacle to love. To have developed such a controversial story during times when segregation still existed in the United States was very brave. What softened the diversified and strong topic was the fact that it was a musical with very vivid choreography and colors andan upbeat script full of humor. This factor made the story more acceptable to the American people. The media has its ways to persuade the masses. Within the past century, the media has played an important part in the cultural changes in America. Television, radio, theater and written works have broken through the racism barriers to expose the many faces of the American population. Everyone is different and their cultural background makes a special contribution to the community of the world. West Side Story is a good example of a media piece that addressed America’s cultural diversity in a time when most people had no idea how multicultural our country really was. References Miller, G. (Wintr-Summer 2003). Arthur Laurents chronology. American Drama, p. 1(9). Retrieved November 10, 2009, from General OneFile via Gale: http://find. galegroup. com. ezproxy. apollolibrary. com/ips/start. do? prodId=IPS

The Principle Agent Problem Between Shareholders And Managers Accounting Essay

Economic theory speculates that a house ‘s end is to capitalise on stockholders wealth ; accomplishable with entrepreneurial house since proprietors are directors. However, ownership presents is significantly diluted, with companies owned by big stockholder groups. This causes the separation of ownership and direction which hinders the relationship between stockholders and directors ; where directors replace stockholders involvement with their ain. This may be due to information dissymmetry[ 1 ]where directors have the power to move in conformity to stockholder demands. This is known as the â€Å" bureau job † and is common in modern corporate. Under this theory the relationship is formed through a binding contract whereby principal ‘s ( stockholders ) appoint the agents ( directors ) to put to death services with authorization to do determinations. However such â€Å" contracts † are imperfect as the impracticality to include every action of the agent whose determinations has an impact on their and the principal ‘s benefits. Therefore, self interested behavior arises in administrations as the involvement of both parties diverges, i.e. principal ‘s involvement respects maximization of stockholders wealth ( net income maximization ) whereas agent ‘s involvement lies in ain public-service corporation maximization ( bonuses/promotion ) . Stockholders permit directors to run the house ‘s assets ; ensuing in a struggle of involvement. The cardinal job therefore is to aline the involvements of both parties. Furthermore, principals expect board of managers to establish their determinations on maximizing equity value. However the board of managers expect directors to follow schemes that support their ends. This state of affairs illustrates that stockholders have no direct input into the operation and hence have no power to state directors what to make. This issue arises because of the separation of ownership and control and therefore directors are able to prosecute ends good to them and unfavorable to stockholders. Overall, withdrawal between the two parties increases deficiency of end congruity. The inquiry arises as to why stockholders do non supervise direction? There are three grounds why taking control causes troubles. ( 1 ) Expensive to supervise managerial activities as obtaining information is hard ( 2 ) disgruntled stockholders are unable to present menaces in order to cut down unwanted managerial behavior i.e. engaging an outside member and ( 3 ) dispersed stockholders have an inducement to â€Å" free drive † . Keasy et al 1997 regards the above as economic costs to monitoring. These restrictions pose jobs for stockholder wealth since unwanted managerial actions takes topographic point in the absence of control. Stockholders may present inducement bundles which include net income related fillips, public presentation, publicity inducements and promote employees to purchase portions which increase their rewards, to promote agents to do â€Å" optimum attempt † . Due to the above jobs, states have developed systems which carry out independent monitoring and control of the house in order to aline the overall end. OECD 1999 stated that â€Å" corporate administration construction specifies the distribution of rights and duties among different participants in the corporation, and spells out the regulations and processs for doing determinations on corporate personal businesss. By making this, it besides provides the construction through which the company aims are set, and the agencies of achieving those aims and supervising public presentation. † In UK capital markets play a critical function where portion monetary values advocates public presentation degrees. Management ‘s focal point is to maximise stockholders wealth through the usage of independent board of managers. The fright of coup d'etat commands forces direction to undergo effectual actions. Approximately 50 % of portions are held by institutional investors bespeaking dominant ownership. Cadbury Report 1992 provinces big proportion of stockholder ownership influence company ‘s actions. In 2008 the Financial Reporting council developed the ‘Combined Code ‘ i.e. assorted reports/codes refering ‘good ‘ corporate administration. The most influential is Cadbury Report 1992[ 2 ], was produced as the deficiency of supervising direction activities caused several dirts whereby executives acted in their involvement. Initially, Polly Peck[ 3 ]went into settlement after old ages of false accounting taking to size uping of the fiscal facets and answerability. However after the cozenage of BCCI and Robert Maxwell, they revised the relationship between boards, hearers and stockholders. The concluding study states CEO ‘s and Chairman ‘s of companies should be separated. Jenson 1993[ 4 ]provinces that if functions were common, struggle of involvement would originate. Furthermore, 3 non-executive managers, two of whom should be independent[ 5 ]and an audit commission affecting non-executives should be included. Companies were encouraged to follow these practises alongside â€Å" the codification of best practise † which outlines other countries of concern. However the â€Å" one size fits all † job was recognised by Cadbury doing all companies registered in UK to follow the â€Å" comply or explicate † system. Companies should follow with corporate best practise or have legitimate grounds for non-compliance. Furthermore, the board must offer a full account to stockholders and explain how their practises are consistent with stockholders. It ‘s acceptable merely when stockholders believe good administration has been achieved. Greenbury commission, formed to measure manager ‘s wage bundles and the deficiency of revelation of payments in the one-year studies, commenced over populace ‘s choler sing additions in executive wage. The study added to the Cadbury Code and advised ( 1 ) each board include a wage commission affecting independent non-executives briefing stockholders yearly and ( 2 ) managers should hold LT[ 6 ]public presentation related wage, all disclosed in the one-year histories. Furthermore, advancement should be reviewed every 3 old ages to guarantee companies are runing efficaciously. The Hampel commission[ 7 ]formed in 1998 suggested all old rules should be collaborated into a â€Å" Combined Code † . Furthermore, the president of the boards should move as the ‘leader ‘ , investors should see voting the portion and all wages information including pensions should be disclosed. The Turnbull Committee, created the following twelvemonth, advised that managers should be held accountable for internal fiscal and scrutinizing controls. Several studies have contributed to the Combined Code viz. the Higgs reappraisal sketching the actions of non-executives. More late, after the prostration of Northern Rock and the fiscal crisis that followed, the Walker Review formed a study refering banking sectors. The Financial Reporting Council produced a new Stewardship Code in 2010. Germany ‘s corporate system is chiefly stakeholder oriented and diffuses off from stockholders involvements. The aim is maximizing stakeholder value thereby uncovering several typical differences. First, the banking sector is a major stakeholder. Charkham ( 1994 ) stated that Bankss hold a dominate place in funding and oversing companies for legion grounds. ( 1 ) During 1870 companies were to a great extent reliant on recognition. Banks began offering LT loans to LT clients who tied the companies, obtaining ownership and moving as ‘shareholders ‘ within industrial houses. ( 2 ) Banks hold 25 % of voting capital in big corporations and 28 % of seats on the supervisory boards. ( 3 ) Banks are stockholder representatives, authorised to vote for their portions plus proxy portions[ 8 ], giving farther control. Consequently companies are improbable to face coup d'etats, since Bankss will back up them through fiscal adversities unlike in the UK. Second, â€Å" co-operative † civilization is articulated under the Co-determination Act 1976 whereby workers obtain important functions in the direction procedure ; known as work councils. Work council staff influence concern actions and partake in determination devising procedures. Employees ( elected by work councils ) sit on the supervisory board when a house has more than 2000 employees aboard stockholder representatives. This system reduces work force struggles by bettering communicating channels, addition dickering power of workers through statute laws and eventually right market failures. Overall productiveness degrees addition, with low degrees of work stoppages as better wage and conditions implying â€Å" good industrial dealingss † . Finally, Germany involves a two – tier board compared to UK ‘s one – tier board. It includes a direction board ( Vorstand ) where directors monitor day-to-day operation and behavior of the house. Plus a supervisory board ( Aufsichtsrat ) affecting merely non-executives[ 9 ]who monitor the direction board duties and O.K.ing determinations. Separation of the two increases the consciousness of single duties and helps forestall direction maltreatment. The ruin is holding worker representatives on the supervisory board as they will choose for determinations good for employees instead than company. For illustration shuting down a mill may hold good for the company nevertheless debatable for excess employees, doing it is hard to work in the best involvement of the company. Germany ‘s corporate system lies to a great extent on good industrial dealingss which considers it ‘s company, employees and public. It shows corporations are a societal establishment instead than an economic 1 as it â€Å" does non set fiscal value for stockholders at the top of the list of policy aims †[ 10 ]. Stockholders are seen as one of many stakeholders and non merely a privileged constituency. The Nipponese corporate administration revolves around banking dealingss like Germany along with life clip employment. There are outstanding characteristics including the intercession of authorities and close confederations between authorities and companies. Business and industrial activities are monitored by the Nipponese Ministry of Finance, affecting them in the direction and determination procedure. Nipponese corporate rely on chief Bankss[ 11 ]which are all interlinked with houses, organizing a concentrated ownership ( stockholders ) . Prowse 1992 provinces that persons hold 26.7 % of a house ‘s equity while corporations hold 67.3 % . Unlike western states, Nipponese Bankss can keep equities up to 5 % . The statement is by moving as loaners and stockholders, struggle of involvements of debt suppliers and equity will be eradicated. Furthermore Bankss hold these equities for long periods, constructing a LT â€Å" banking relationship † unlike UK ‘s â€Å" transactional banking † . Furthermore, they are involved with the internal direction by obtaining seats on the board of managers. They actively contribute in the determination procedure and act as insurance companies for companies come ining fiscal troubles i.e. bankruptcy or coup d'etats. Like Germany, Bankss form LT contracts with companies based on fiscal services and supervising and act as represent atives for other stockholders through proxy ballots. One major differentiation in Japan is the Keiretsu system. Companies form close confederations chiefly between Bankss, concerns and the authorities, by working towards each other success. The function of the authorities became of import when they intervened in 1990s as Japan suffered a recession. The authorities wanted to reconstruct the economic system through its policies and ordinances by bettering the corporate administration to excite growing and investing. Germany and Japan both work toward the involvement of the company and workers as a collective. However Japan ‘s board construction is different as all members consist of former employees excepting â€Å" outside † managers apart from bank functionaries. The boards have more members than UK and Germany as some companies have over 60 managers. This proves really effectual as no domination of managers occur. Harmonizing to Allen and Gale ( 2000 ) , concentrating on stakeholders instead than entirely on stockholders, societies resources are being used expeditiously as employees, providers and clients are taken into history. This enhances productiveness, therefore bring forthing higher net incomes, profiting the house and stockholders. Since 1990 the UK have implemented many policies reforming the direction and administration of companies. These scope from codifications, studies, ordinance and statute laws ; but how effectual are they? To guarantee company involvements are aligned with stockholders, UK has imposed assorted commissions to supervise the effectivity. For illustration, audit commissions review audits yearly and overlook fiscal relationships between companies and hearers. Nomination commissions administer human resources and programs future managers. Compensation commissions examine direction actions and day-to-day operations. Furthermore the being of institutional investors has its advantages as puting in houses they have incentive and motive to supervise them. This leads to high public presentation degrees which reduces bureau costs. However, companies practise ST[ 12 ]net income maximization without LT be aftering doing companies underperform, therefore investors sell their portions and â€Å" issue † instead than â€Å" voice † their discontent ( occurs chiefly in Germany ) . Overall UK ‘s attack in supervising company involvement is effectual as companies have bulk of bing stock holders through the demand of commissions. The ‘Code of best pattern ‘ gives stockholders assurance that companies are runing with high degrees of transparence during determination devising procedures. From this, the â€Å" comply or explicate † system was created, whereby some freedom is left for companies to do effectual determinations. The additions from this is that ( 1 ) directors and stockholders follow the LT involvement of both the company and proprietors ( 2 ) distinguishes the civilization barrier single houses face since there are different degrees, size and ownership of companies, whereas codification of best pattern instils â€Å" one size fits all † regulation. Furthermore, codifications are more effectual than ordinances as companies can turn whereas implementing rigorous internal controls companies are limited to processs. Furthermore, codifications tackle more ‘softer ‘ jobs associating to best practise compared to ordinances i.e. preparation and back uping managers in th eir function. The Cadbury Report reflects the above whereby â€Å" The effectivity with which boards discharge their duties determines Britain ‘s competitiveness place. They must be free to drive their companies frontward, but exercising that freedom within a model of effectual answerability. This is the kernel of any system of good corporate administration. † For this system to work efficaciously stockholders require full revelation to ease them in their determinations and holding rights when dissatisfied. Consequently companies must unwrap information in their one-year studies saying how they have applied the combined codification and giving stockholders voting rights to dispatch managers. All these demands are set out under the company jurisprudence doing the system successful since it was adopted in EC[ 13 ]and included in the EUD[ 14 ]in 2006 ; sketching same rules. Empirical grounds show that UK has drawn near to the construct of ‘good ‘ corporate administration. Harmonizing to the FTSE ISS Corporate Governance Index and Governance Metrics International Reports, the UK has the highest mean administration score out of all the states. Furthermore 94 %[ 15 ]of UK pension Fundss considered corporate criterions in the UK has developed exceptionally. The undermentioned reforms revolve about two primary issues ( 1 ) deficiency of separation of direction and control and ( 2 ) quandary faced by non-executive managers in footings of monitoring. Accordingly UK ‘s current reforms indicated the demand for independent non-executive managers to understate struggles otherwise present. However, the disadvantage sing this independency is, there is less incentive to pass a sufficient sum of clip commanding company issues because they have no direct relationship with the company. In add-on, uncertainties on how much cognition they get besides poses a job. One possible polar solution that could be incorporated into UK administration is increasing the frequence and continuance of board meetings. Company information is really wide and complex particularly associating to LT fiscal public presentations, competitory place and organizational construction. Therefore it is critical that managers assign more clip to measure the information and deem upon past determinations and events. It is recommended that managers meet on a monthly footing for continual supervising and let managers to turn to all countries and inquire specific inquiries that affect the hereafter of the company. There are issues environing this proposal for illustration, readying, nevertheless the more frequent the meetings the less clip needed to fix as oppose to the clip needed for meetings held every one-fourth. Furthermore, meetings should non be limited to a clip agenda but instead should last until all facets are covered. This method is really flexible for illustration m eetings could last more than one twenty-four hours when a company is in a hard state of affairs. The advantage is that sentiments will be shared more openly and allows non-executive managers to be more involved ; this should be carried when discoursing the long term corporate scheme. Another solution is changing the composing of the board. In the ‘Combined Code ‘ subdivision A.3.2 it pronounces that â€Å" at least half the board, excepting the Chairman, should consist non-executive managers determined by the board to be independent † . This does non stipulate the maximal figure of seats in entire. Therefore it is advisable that the fewer managers, the more likely that each manager can play a dynamic and imperative function. The recommended figure should dwell of eight to ten managers in entire. This is so that there is adequate assortment and sufficient array of point of views. When there are more than ten or twelve members on the board, there will be a â€Å" free rider † job where some manager ‘s will halt preparing for meetings and rely on the work of others ensuing in subjects non being discussed in deepness. Finally UK should see adding a supervisory board like Germany and Japan as this will let wider diverseness among the determination devising procedures. Furthermore it will cut down maltreatments from dominate managers since there is changeless alteration of direction public presentation. Overall UK should discontinue to better bing constabularies and the challenge lies in maintaining UK ‘s corporate administration an plus instead than a liability for companies.

Should Homosexuals Be Allowed to Marry?

Gay marriage is a sensitive topic in America today, mainly because we Americans are split down the middle between supporting it and not supporting it. My main concern, and main reason for supporting gay marriage, has always been â€Å"who is it hurting? † The main reason I hear for not supporting them would be because they cannot reproduce. There are many reasons why gay marriage should or should not be legal and they are different in everyone’s eyes. I believe that gay marriage would follow a utilitarian principle and fall under relativism and even though they cannot have children, gay marriage should be legal because there would be higher adoption rates, it is a civil right, and they are human beings. First, Gay marriage should be legal because there would be higher adoption rates. Craig, Martinez, Kane, and Gainous (2005) quotes â€Å"Support for the civil rights and liberties of homosexuals has risen as well: Most Americans now believe that gays should be permitted to teach in colleges and universities, to serve in the military, and that there should be laws banning discrimination against gays in hiring and firing, while over 40 percent are willing to allow gay and lesbian couples to adopt children. † (p. 5). America is slowly becoming more acceptable of gay and lesbian rights as well as allowing them to adopt and marry in some states. This doesn’t mean that every state in the U. S. is allowing this, and the question is why? People are afraid of the downfall that may occur in our population rates if more gay and lesbian couples are allowed to marry. This though, is not the case. I believe that there would be a spike in adoption rates. If you take into account the fact that there are hundreds probably even thousands of kids out there without having a home, and knowing that heterosexuals couples are more likely to have their own kids instead of adopting, and you will not be okay with our gay and lesbian community to marry and adopt those kids in need, is beyond me. Brian, part of a Films Media Group, film (2005) talks about his two fathers, he says â€Å"Everything I hoped for came true when Murray and Peter became my parents. I love them, I loved them for making my lunches each day as I left for school, and I loved them for caring about my thoughts and ideas. I loved them for making me feel special. † (Marriage for Homosexual Parents). This is not the only person who would testify that their parents (whether gay or straight) are not only loving but supportive of everything they do. A parent is a parent, no matter if it is a man and woman, man and man, or woman and woman. They go through same things that everyone would go through. The terrible twos, the potty training, waking up at all hours of the night, this list could go on and on but, because homosexuals are with someone of the same sex, they are now unfit to be parents. How this makes anyone an unfit parent, is beyond me. Parenting is about loving and supporting your child, no matter what the situation is. Gay and Lesbian parents are also going to be more supportive if their child ends up being gay or lesbian whereas straight couples are more likely to be disappointed or upset with their children. Arguably, it is safe to say that the more accepting we, as Americans, become of our gay and lesbian couples, and their adopting children, the less homeless kids, and the happier people we will have! Additionally, it is their civil right. I do not see how it is right that heterosexual couples have every right that Americans should have whereas homosexual couples are limited on their civil rights, regardless that they are Americans, because they date someone of the same sex. How can we as people and the government as well, truly deny a United States citizen their civil rights, which they were born into? Honestly, that is an outrage, and I for one am not okay with the fact that we can simply deny someone rights. I am sure that any other United States citizen wouldn’t be okay with their rights being taken away from them, so what gives us the right to take them away from anybody else? Maybe we should take everyone else’s rights away to marry and see if they think that this is acceptable to do. Yes, marriage may be just a piece of paper, but we are truly denying someone that paper that would make them the happiest person alive? Ferguson (2007) quotes â€Å"So, one common argument for gay marriage is that government denial of the legal right to gay marriage deprives gays and lesbians of access to the social sanction and status that marriage confers, and hence to full adulthood, rights to familial or joint property and inheritance rights, and full citizenship† (p. 40). How is it right that they are denied the right to marry just because of who they chose to be with? One of my favorite sayings (I actually heard at a gay pride festival in Ohio) came from a couple, they said â€Å"Why do we not get the choice to marry? Shouldn’t everyone have a choice to be miserable for the rest of their lives with the one person who actually makes them a little bit happier? † Honestly, it is so true; there are gay and lesbian couples who have been together for 30+ years who do not get the option to get married to their lifetime partner, where straight couples get married for a couple of years just to divorce and re marry again. I am not saying that all United States citizens do this, but our divorce rates have spiked recently, meaning that more and more people are divorcing. I do believe if we allowed gay and lesbian couples the right to marry, the divorce rates would drop instead of increasing each year. Ferguson (2007) also quotes â€Å"Refusing the right to gay marriage because of the so-called sanctity of marriage, a religious concept, would seem to deprive the sexual minority of the freedom to be free to marry if they choose a lifestyle not sanctioned by many religious denominations, and hence imposes the religious view that marriage should be a heterosexual privilege. † (p. 40). People are also against same sex marriage due to their religious views. There are so many different religions in the United States, and many of those support their people in whatever choice they decide to make but because we are a predominately Christian country, we are forced to follow their rules. I do not see how someone’s religion can make a choice concerning someone else’s life and what they chose to do with it. These two quotes made by Ferguson explain perfectly why the government is denying same sex marriage; it is completely unconstitutional that they are denying gay and lesbian couples of their constitutional rights to marry. Another reason that gay marriage should be legal is that they are human beings. If I am thinking correctly, many people were born here in the United States, and would be considered Americans, but since they chose to like someone of the same sex then they are instantly treated like aliens. I, myself, am straight and therefore get treated like every other person would. I have many gay and lesbian friends, and when we are out in public, you can see the difference on how they get treated and looked at versus myself. It sickens me to think that people how there can be so rude and inconsiderate of another person. Kurdek (2004) quotes â€Å"As one indication of the importance of identifying oneself as part of a couple, some gay and lesbian citizens of the United States are currently arguing that they, just like heterosexual citizens, are entitled to the privileges associated with having their relationships, legalized as marriages. † (p. 880). Our gay and lesbian couples are considering themselves citizens, but without all the benefits that citizens receive. I don’t understand why we cannot treat them with the same respect that we treat anyone else. There is no need to punish them for who they are dating. It is a matter of privacy as well. We do not concern ourselves with who straight couples are dating/living with, why do we need to invade others privacy just because they are with someone of the same sex. Everyone has the right to be happy, to have a job, and to get married. Homosexual couples, who are legal citizens of the United States, are getting treated like they are aliens because of their sexual orientation. How is it that we can treat heterosexuals with the upmost respect that they deserve then turn right around and treat homosexuals like trash? I do not see how that is fair or correct at all and knowing that we as Americans do not have enough respect for other individuals. A few reasons that people do not support gay marriage would be that their religion is strongly against marriage of homosexuals or the fact that homosexuals cannot reproduce children of their own. Many people truly believe that because the bible says it is wrong to be with someone of the same sex, that our gay and lesbian couples are sinning. It is also true though that Jesus said he loves everyone, and will forgive every one of their sins. I personally do not believe that homosexuals are sinning because of who they date, but there are many people out there that do. We must remember that when Jesus was living things were a lot less complex than they are in today’s time. I believe if things had been what they are now, back then, that he would be accepting of any child, no matter what person they decide to be with. People are also against same sex marriage due to the fact that gay and lesbian couples cannot reproduce children of their own. They believe that since they are not able to reproduce any children of their own, that they would be an unfit couple, and we wouldn’t have as much youth to keep our country going. This to me is not true though. There are many people who are willing to surrogate, adopt, or even go to a sperm donor to reproduce children of their own. Just because the kids would not have a â€Å"father or mother† figure in their lives does not mean that they cannot reproduce. So many kids need adopted that you would think it would be a great idea to let our homosexual couples adopt them! But, these reasons alone are what turn so many people against gay marriage. People let their religion and their beliefs get in the way to see that it is about happiness and a lifetime commitment not about religion or kids. Utilitarian Principles basically means choices, which to me would fit perfectly with our gay and lesbian couples, in a way that they would benefit from it. Mosser (2010) defines utilitarianism as a â€Å"given set of choices, the act we should choose is that which produces the best results for the greatest number affected by that choice. † (p. 1. ). To me, a utilitarian believes that we should base our results on the greater good, and what would produce the greatest outcome and affect very few people by the outcome produced. I do not see how letting our gay and lesbian couples marry would truly affect anyone else. When a heterosexual couple gets married, that decision is theirs and theirs alone. No one is affected by this decision, minus the families of cour se, and no one seems to care that they are going to pursue a life of happiness together. How would this be any different from our homosexual couples? The only parties that would truly be affected by this decision would be the couple themselves, and their families and friends. It is truly no one else’s business on what they do and how they spend their lives, but somehow we have managed to make it our business. Americans have gotten so worked up over gay marriage, and for what, a piece of paper that says two people are committed to each other? I do not understand why we have the right to deny someone that. To me, utilitarianism would be the perfect resolution for our homosexual couples, and their right to marry whoever they please. Finally, I feel that relativism is a great way to explain the individuals in a gay or lesbian relationship. Mosser (2010) defines relativism as â€Å"the idea that one’s beliefs and values are understood in terms of one’s society, culture, or even one’s own individual values. † (p. 1. 8). What relativism means to me is that each individual’s beliefs and values are going to be honored. As you can see, our homosexual couples are getting their beliefs and values thrown to the curb and for what reason? I think that people are afraid of what could happen, which is why they are extremely against it, and why our gay and lesbian couples beliefs and values get thrown aside like they never existed. People believe that homosexual couples should not have the same rights as us and that they do not share our beliefs and values. To me, I believe that these people, who think that, are the ones that do not have the same beliefs and values. Everyone has the right to be happy, to have a job, and to get married. How is it that because you like someone of the same sex, that your values and beliefs automatically don’t matter? Relativism would play a perfect role in a gay and lesbian couple’s life, as if people followed the definition or relativism, then everyone would live a happy, peaceful life. All in all homosexual couples have been getting bullied since they first came out. You would think that people would finally start calming down and realizing that they are people who, just like me and you, fall in love with someone and want to spend the rest of their lives with them. It’s sad to know that if one of them gets sick or injured and is admitted to the hospital that their lifetime partner would not be allowed in the room because they are not related to them, even though they may have been together for years. They get no benefits that a regularly married couple would get and get looked down upon society, some even losing their jobs over it. We are treating human beings like animals because they fell in love with someone of the opposite sex. People always say that you cannot help who you fall in love with, but apparently they are only talking about heterosexual couples and believe that homosexuals have a choice and that they have made a wrong one. Friends and family of mine, who are gay, have had the roughest life with all the hatred that they have received. My best friend lost his job due to the fact that he came out as being gay. I do not understand how someone can get fired over their sexual orientation. He has received multiple messages online telling him how horrible he was and that Jesus hates him. There are people out there who actually do this, send hate mail to people over their sexual orientation. It is high time that people take a step back and realize that it is time to get over their hate and fear of our homosexual community and come together as one. If this happened, in my opinion, the world would become just a little bit better and maybe all of these hate crimes would stop and people would all get treated with the respect that they deserve to get. Until then I am going to continue standing my ground, in my supports of gay marriage and equality for all! In conclusion, even though gay and lesbian couples may not be able to have hildren of their own, marriage between the couples should be legalized because more children would be adopted, it is their constitutional right as a United States citizen, and they are human beings just like you and me. I also feel that this topic would fall under utilitarianism as well as relativism as these two topics would give our gay and lesbian couples the right to be happy and marry their loved one, just like we do now! Just imagine having a child of your own, and they ended up being gay or lesbian. They would go their whole lives with nothing but hatred from everyone, and is that really how you would want your child to live? References Craig, S., Martinez, M., Kane, J., Gainous, J. (2005). Core Values, Value Conflict, and Citizens’ Ambivalence about Gay Rights. Political Research Quarterly. 58(1), 5-17. Retrieved from http://www.jstor.org/stable/3595591/ Ferguson, A. (2007). Gay Marriage: An American and Feminist Dilemma. Hypatia. 22(1), 39-57. Retrieved from http://www.jstor.org/stable/4640043/ Films Media Group. (2005). Why thee wed? Gay perspectives on same-sex marriage [H.264]. Retrieved from http://digital.films.com/PortalPlaylists.aspx?aid=18596&xtid=35615. Kurdek, L. (2004). Are Gay and Lesbian Cohabiting Couples Really Different from Heterosexual Married Couples? Journal of Marriage and Family. 66(4), 880-900. Retrieved from http://www.jstor.org/stable/3600164 Mosser, K. (2010). Ethics & Social Responsibility. San Diego, CA: Bridgepoint Education

Who should we hire Education vs. experience Research Paper

Who should we hire Education vs. experience - Research Paper Example Would an individual with extensive experience in a certain field have an advantage over another who has passed through the ranks of higher education with exemplary grades or vice versa? Careers are solely served by experience since people with experience will take off quickly on the job and become company asset from the very onset. Work experience is a priceless asset that demonstrates one’s enthusiasm, knowledge and skills for a particular job. It is thus clear that employers prefer experience to education in recruiting employees since the former take on-board experienced talent that contributes to productivity of organisations from the first day. Today’s job market features people who are either book-smart from academia or those who have real work experience. In rare cases one will find job seekers who are well rounded in both fields and hence when hiring, the employer has to narrow down on the best candidate to fit the job description. When an individual is well educ ated it means that he has succeeded in academia and his knowledge opens opportunities for him. A degree from a top institution opens doors simply through reputation and it signifies that the graduate studied under well-trained lecturers and immersed oneself in a particular discipline; obtaining a broad set of educational skills and expertise in that field. A higher degree is a show that a graduate possesses a particular set of skills that has the ability to be translated into work skills. Whilst, working experience is a proof to the employer that the potential employee has real-work skills and experience. A college degree is only helpful in understanding theories in the work place but practical realities of a certain job are only attained at work. â€Å"Higher Education only proves you can succeed in academia, not in a real-world job† (Mueller 1), and this indicates that experience is preferred to education in jobs market. In today’s competitive job market the employer s are lowering fresh hiring in favour of candidates who have work-experience, and often prefer â€Å"...to take on-board experienced talent who can contribute to their productivity from the first day† (Saha 1). This is influenced by several factors; working experience provides exposure that is much needed in the working environment. The working environment is characterised by multiple situations, circumstances, variables, problems and their suitable solutions and therefore an experienced hand has an advantage in dealing with the various work-related issues. Exposure gives the employee the ability to predict and foresee future variances and hence able to make adjustments to prevent adverse variances, therefore forming a great advantage. Furthermore, working experience provide one with a huge sense of interpersonal compatibility by building better interpersonal skills. This is built by having worked with different groups of people who emerge from varied backgrounds, abilities a nd experiences; at the same time ensuring working together to direct their efforts to get the work done successfully. Experienced talent is majorly accompanied with the knowledge of interacting with different profile of people both on a domestic and world level. Experience promotes one’s understanding of synergy in achieving a unified goal and teaches one that best results are hardly achieved in solitude; but in integration which pools different expertise to achieve best results at work (Saha). In addition, experienced talent has a multi-skill capability that adds value to an individual as he presents himself for a job opportunity. The multi-skill capability is gained over a long period of time as one is involved in doing different roles; adding an advantage as one applies for a job.

Network security Essay Example | Topics and Well Written Essays - 1250 words

Network security - Essay Example This firm is emerging as a huge business set-up with a head office located in New York. In the past few years, TAS has got massive popularity and now it has 10 stores in the area. The staff of TAS comprises more than 500 people. In order to connect its different stores the business has implemented a wide area network (WAN). However, the internal activities are performed by using local area network (LAN), which is established by using cables and other hardware devices. The implementation of this network has brought a number of advantages and improvements to business, however; in order to run its business operations effectively the firm has implemented an effective security mechanism. The firm has mixed a wide variety of security techniques to improve its network security. In this scenario, the business uses different security techniques to ensure the maximum security of its network. This paper discusses some of the important aspects associated with its network security. ... In addition, the absence of a network security can create many security challenges for a firm for instance a competitor or a hacker can gain access to private or vital information, which can destroy the entire business or personal information related to a specific system or data loss. In this scenario, an organization can implement effective network security when its employees and staff members have knowledge of network security. In simple words, in an attempt to ensure effective network security system users must follow organization’s security guidelines (Kaminsky, 2012; Ray, 2004; Laudon & Laudon, 1999). Athlete’s Shack (TAS) makes use of a wide variety of security techniques to ensure the security of its network and business data. Some of the important techniques are outlined below: Username and Password Based Access: Each employee is provided with a username and a password which they use in order to access and use the system. For this purpose, they have an IT Centre , which is responsible for determining the access type for the organization’s employees. Firewalls A firewall can be implemented in both hardware and software format as they are designed to stop illegal access to or from a private network. In addition, firewalls stop illegal Internet users from accessing private networks connected to the Internet, in particular intranets (Indiana University, 2012; Rouse, 2007). Since the different stores of the Athlete’s Shack (TAS) are connected using the Internet so they have implemented firewalls to secure their computers and network. Antivirus Software An anti-virus program stops viruses from entering into the computer network. In this scenario, TAS is using the latest version of Avira Antivirus1 that is very

You should Learn A foreign Language Essay Example | Topics and Well Written Essays - 500 words

You should Learn A foreign Language - Essay Example It is also important to have as authentic a conversation as possible in the foreign language. When you move to a different country or region, learning the local language will help you to communicate and integrate with the local community. If a person goes to another country speaking only their own language, they may be viewed as arrogant by the native inhabitants of that country. When one thinks about it, when one makes an effort to speak another language, it is sometimes mocked, and this can create fear. But it is important to at least try. One must not be afraid of being corrected, or asking questions. Each step in this process involves communicating and integrating with the local community. There are many reasons for learning a foreign language; some are more personal than others. If a person has a partner, a set of in-laws, or friends who speak a different language, learning that language will help you to communicate with them. This can relate to a more foundational and better relationship. Often, true communication can occur across various borders. This is true in terms of family, as well as in terms of native fluency. If your work involves regular contact with speakers of foreign languages, being able to talk to them in their own languages will help you communicate with them. Many of today’s professionals act in an increasingly global and networked environment. They need to speak many languages to communicate across national and cultural borders. This involves, at work, generally a more sophisticated level of communication, rather than a basic one. When traveling, a basic ability in a foreign language will help you to ‘get by;† i.e., to order food and drink, find your way around, buy tickets, etc. A basic ability in this sense can be gained through repeating basic phrases and concepts, memorizing phrase and verb forms of a language, and practicing dialogues. Often, dialogues can lead students to a better understanding

Fabrication in architectural design process Thesis Proposal

Fabrication in architectural design process - Thesis Proposal Example If a 3d printing or other fabrication method is employed, then there is the need to convert into a particular file for the sake of digital models. Digital fabrication tools are very essential in architecture because of attainable mitigation of the building costs. Free form shaped design in the design stage for countless unique components need some rationalization of the structural constituents so that they are materialized into buildings. In post-rationalization period, the structural system has been assigned to the already polished designs that at times need compromising final form of design (Laseau, P, 1980). The egg shaped form had to be reshaped with the use of Planar Quadrilateral Strips for it to meet the criteria for fabrication. While the relationship between design objects and the fabrication parameters has been explored previously, their independent was quite limited to integration of manufacturing constraints into developing a form, as it is the case of co-rationalized and pre-rationalization design approaches. In consideration of the application of a particular digital fabrication method, this paper proposes a research to be conducted to investigate the design-fabrication relation, approaching it from a different angle. This is in an attempt to respond to the question inquiring how the manufacturing parameters are integrated in the design process in facilitating the design-to-production communications. Design rationalization parameters, in this respect, are the driving force of any design in a generative procedure having imbedded fabrication. Digitally driven Architectures has significantly influenced the modernist architecture, as well as contemporary architecture (Malcolm, M, William, J, & Patrick, P, 1990). The influence of digital media, as well as Information Technology on the architectural education

Narrative and Numbers Essay Example | Topics and Well Written Essays - 4750 words

Narrative and Numbers - Essay Example Gabriel (2000), however, aims to make a distinction between narratives and stories. He emphatically argues that "not all narratives are stories", further stressing that "factual or objective accounts of events that aspire at objectivity rather than emotional effect must not be treated as stories." (p. 5) In the context of organizational dynamics, Gabriel's definition of storytelling singles out "workplace folklores" that provide entertainment value, requiring interpretative plot and coherence. He alludes to these stories as metaphorical windows into an organization's character, culture, and politics. His framework focuses on narratives with a temporal (time) element, a spatial setting (place), a cast of characters, a plot involving conflict and resolution, and most importantly, a certain continuity. Gabriel sees organizational stories as those that use literary narrative devices and motors to move a story forward. By molding the shape of the story and developing its structure, these devices basically manipulate the response of the reader or audience to the story. Because Gabriel believes that stories should be concerned with evoking emotional response rather than meaning, he asserts that organizational stories also focus on using narrative devices to elicit a particular response. Some of the examples used in organizational stories are: twists where the plot takes an unexpected turn; dialogue for stronger characterization; suspense or building the story to a point where the succeeding events are unknown and anticipated; effective description of tension or an atmosphere where conflicting ideas are created; and withholding key information to maximize suspense and tension. Using the voice of a narrator - which ranges from first to third voice - is also an effective tool. Other narr ative motors and devices include: time transitions (such as flashbacks or foreshadowing); a diary or journal format; and even an epistolary format, or a story written in the form of a personal letter. Similarly, Gabriel believes that tropes also play an important role in dynamic organizational storytelling. A trope is a rhetorical figure of speech that consists of a play in words, expanding a conceptual framework through figurative language. The use of tropes (such as metaphor, metonymy, synecdoche, irony) in stories enables the storyteller to create impressions, organize experience, and create memories. Viewed in this perspective, Gabriel's definition of "stories" excludes opinions, proto-stories, and reports. Gabriel insists that these snippets of pseudo-stories are actually non-stories because of their fragmented natures2 - that is, they do not employ the elements and devices of "stories" and are not dynamic enough to elicit a response. In contrast, Boje (2001) believes that these fragments are essential as sense-making mechanisms within organizations. Therefore, organizational narratives are not "stories", but "antenarratives".(p. 1) Boje's etymology of "antenarrative" has a dichotomous implication. First, "ante" is a story before a narrative; i.e., a "pre-narrative". A narrative is something that adds coherence to the storyline; whereas an antenarrative is a story told before the narrative. "An antenarrative is

Management and the Cultural Industries Essay Example | Topics and Well Written Essays - 2750 words

Management and the Cultural Industries - Essay Example Most experts say that larger corporations have the resources to cater to a large target market; it is the smaller independent producers who are responsible for catering to all the individual needs of the community. To understand this concept we will first look at the importance of this sector in the US economy. The US economy has been chosen because it has an abundance of small individual producers as well as large organizations and both have a significant impact on the consumption patterns of the population. Small businesses are generally the driving force behind most local economies. They contribute to the society by selling their products to customers, products that people need. They also provide employment opportunities to people, which can become reasonable career paths and choices. "Small business drives the American economy," said Dr. Chad Moutray, Chief Economist for the Office of Advocacy in a press release. "Main Street provides the jobs and spurs our economic growth. Ameri can entrepreneurs are creative and productive, and these numbers prove it." The cultural workers and their understandings are also very quintessential within the relevant scheme of things because these bring about a vital change in the working dynamics of the business realms and discuss how success could be made a vital part of the organizational setups (Logue, 2001). The argument against this is that large businesses have the financial backing to keep the business profitable even in the face of intense competition. Larger companies are more prepared to take on risk and are prepared to fail. This tendency allows them to make bolder decisions and be more aggressive in tackling opportunities. Successful businesspeople invest in expert advice. As a result, they make better decisions and take the right actions, for what they need to achieve. This investment allows them to not only learn from their past mistakes but make the best possible decisions in the future. Whatever differentiates the large businesses from the small ones, the fact remains that the businesses need to be run in a manner that incites growth, development and productivity across the board. This shall bear a great amount of positive results at the end of the day. Small businesses often are underestimated for the revenue they generate, and therefore they are considered inferior to the large conglomerates. This is however still questionable and we can see how exactly small companies benefit from this increased competition. The small business realms are large ones if they are handled in a proper way. What this implies is the fact that whole-hearted and concerted efforts and endeavors will win the small businesses what they aspire the most, and how success will come about with the advent of change within the technological manifestations which are taking place on a constant basis. How Small Businesses can effectively compete with the Larger Corporations? As we have seen above, the small business sector is really competitive even in this global economy, however now we must identify how this is possible. One of the biggest resources that companies can use is information technology, where companies can seem more professional to their customers. Using proper information technology tools and resources even small business can expand their customer base and carry out business outside their own

Effective literacy instruction for english learners Essay

Effective literacy instruction for english learners - Essay Example Depending on the needs of the students, instructors can select which recommendation can be used in order to teach English in the most effective way possible. The increase of immigrants in the country also increased the number of students whose first language is not English. Thus is the increase in number of English language learners (ELL’s), or students that must also learn English, aside from learning the K-5 curricula. However, because English is the main language of instruction in schools, ELL’s lag behind in terms of their reading proficiency and in turn, their academics (US Department of Education, n.d.). This called for the Department of Education to create recommendations in order to effectively teach English to ELL’s in an effective way (Gersten, Baker, Shanahan, Linan-Thompson, Collins, & Scarcella, 2007). By the use of such recommendations it is expected that not only can ELL’s learn English properly, but also able to keep their learning pace at par to English speakers as well. Among the five recommendations listed in the guide, the most effective ways to teach English as a second language would be the combination of three: the screening for reading problems and monitoring progress; intensive small-group reading interventions; and regular peer-assisted learning opportunities. First, the importance of screening of problems at the beginning would help instructors focus on what the student needs to learn, since this would be the foundation for higher skills (US Department of Education, n.d.). Second, grouping students based on their or their language skill level would not only create a feeling of empathy for one another, but also they could learn from each other in the process. They can also build teamwork since they would be sharing tasks and working together in order to understand the language a lot better. Third, similar to the second one except grouping the students according to their ethnicity or based on similarities

A Data Warehouse Appliance Can Have a Huge Positive Impact on Businesses and Organizations Essay Example for Free

A Data Warehouse Appliance Can Have a Huge Positive Impact on Businesses and Organizations Essay Businesses and organizations of all sizes are becoming increasingly dependent on data analytics, and data warehouses or business analytic infrastructure has become a business critical application for many (if not most) companies. Indeed, these companies have always searched for better ways to understand their customers, and anticipate their needs. They have longed to improve the speed and accuracy of operational decision-making. Equally important as timeliness is the depth of the data analysis. Generally, the companies want to decipher all secrets hidden within the massive amounts of ever-increasing data. A data warehouse appliance, which is an integrated collection of hardware and software designed for a specific purpose typically involving the high throughput of data and analytic functions, can be used by organizations to optimize various areas of data processing. Its main intent is to supplant conventional business intelligence functions, such as warehousing, extract-transform-load (ETL), analysis and reporting. Due to its cost-effectiveness and efficiency, the data warehouse appliance has become an important segment of the data warehousing market. In this paper, I will examine the data warehouse appliances and describe its positive impact on business enterprises. Introduction Since introduced in the early 1990s, data warehouse (DW) has proven to be the key platform for strategic and tactical decision support systems in the competitive business environment today. See more: Analysis of Starbucks coffee company employees essay It has become a major technology for building data management infrastructure, and resulted in many benefits for various organizations, including providing â€Å"a single version of the truth, better data analysis and time savings for users, reductions in head count, facilitation of the development of new applications, better data, and support for customer-focused business strategies† (Rahman, 2007). The technology has become extremely important in an environment where increasing competition, unpredictable market fluctuations, and changing regulatory environments are putting pressure on business organizations. Data warehouses are also becoming the central repositories of organization/company information for data, which is obtained from a variety of operational data sources. Business applications will find data warehouses more beneficial and rely on them as the main source of information as they progress. These applications are able to perform all sorts of data analysis, with increasing customer demands for having the most up-to-date information available in data warehouses. Improving data freshness within short time frames is essential to meeting such demands. According to Hong et al, virtually all Fortune 1000 companies, today, have data warehouses, and many medium and small sized firms are developing them. The desire to improve decision-making and organizational performance is the fundamental business driver behind data warehouses. DW help managers easily discover problems and opportunities sooner, and widen the scope of their analysis. Hong also mentions that data warehouse is user-driven, meaning that users are allowed to be in control of the data and will have the responsibility of determining and finding the data they need. But however, the data warehouses have to be designed and evaluated from the user perspective in order to motivate users to be responsible for finding the data they need. Data warehouse is said to be â€Å"one of the most powerful decision-support tools to have emerged in the last decade† (Ramamurthy, 2008). They are developed by firms to help managers answer important business questions which require analytics including data slicing and dicing, pivoting, drill-downs, roll-ups and aggregations. And these analytics are best supported by online-analytical processing (OLAP) tools. A data warehouse appliance, which is the main topic of discussion in this research, is referred to as an integrated collection of hardware and software designed for specific purposes involving the high throughput of data and analytic functions. Data warehouse appliance has become an important segment of the data warehousing market, due to its cost-effectiveness and efficiency. A business or organization can use a data warehouse appliance to optimize various areas of data processing. In general, the main purpose of the DW appliance is to supplant conventional business intelligence (BI) functions including warehousing, extract, transform, load (ETL), analysis, and reporting. A data warehouse appliance can have a huge positive impact on a business enterprise. Large organizations are able to staff their data warehouse more efficiently, while assisting mid-level companies in solving business intelligence challenges. Data warehouse is fundamentally changing the way the businesses operate, as they are increasingly adopted across various companies. The purpose of this paper is to present the data warehouse appliances and how they impact businesses and organizations. In the next sections, I present a brief overview of data warehousing and the current state of BI, then I define and discuss DW appliances including its benefits, after which I describe the positive impact of DW appliances on businesses. Data Warehousing A data warehouse can basically be defined a subject-oriented, integrated, non-volatile, and time-variant collection of data in support of managements decisions. Unlike the on-line transaction processing (OLTP) database systems, data warehouses are organized around subjects storing historical/summarized data for business requirement purposes. According to O’Brien and Marakas, a data warehouse is a central source of data which have been cleaned, transformed and cataloged so they are usable by managers/business professionals for data mining, online analytical processing, market research, and decision support. These stored data are usually extracted from various operational, external, and other database management system of an organization. DW can be sub-divided into data marts, holding subsets of data from the warehouse that focus on specific aspects, such as department, of a company. In general all data warehouse systems comprises of the following layers; data source, data extraction, staging area, ETL, data storage, data logic, data presentation, metadata, and system operations layer. But the four major components include the multi-dimensional database, ETL, OLAP, and metadata. The dimensional database applies the concept of standard star-schema including dimension and fact tables, hierarchies for drill-down, role models, aggregates and snow flaking. It optimizes database design for better performance. The ETL process involves the extraction, transformation and loading of data with appropriate ETL tools. Data integration is one of the most important aspects of data warehouse, whereby data is extracted from multiple heterogeneous source systems and placed in a staging area where it is cleaned, transformed, pruned, reformatted, standardized, combined, and summarized before loading into the warehouse. OLAP (online analytical processing) tool provides the front-end analytical capabilities including slice and dice, drill up, drill down, drill across, pivoting, and trend analysis across time. And metadata stores information (or data) about the data in the warehouse system. The components of a complete data warehouse architectural system are illustrated in Figure 1 below. Figure 1 An important characteristic about the data in a data warehouse is that they are static, unlike a typical database with constant changes. Once the data are gathered up, formatted for storage, and stored in the data warehouse, they will never change. The restriction is such that complex patterns or historical trends can be searched for, and analyzed, by queries. Data warehouses are also non-volatile in the sense that end-users cannot update the data directly, thereby being able to maintain a history of the data. A major use of the data warehouse databases is data mining, in which the data are analyzed to reveal hidden patterns and trends in historical business activity. Such analysis could be used to help managers make decisions about strategic changes in business operations in order to gain competitive advantages in the marketplace. Data warehousing is a relatively new technology that â€Å"brings the vision of an entirely new (customer-centric) way of conducting business to reality†, and can provide â€Å"environments promising a revolution in organizational creativity and innovation† (Ramamurthy, 2008). Ramamurthy also mentioned that data warehouse generally serves as an IT infrastructure technology, focused on data architecture, as it provides a foundation for integrating a diverse set of internal and external data sources, enabling enterprise-wide data access and sharing, enforcing data quality standards, providing answers to business questions, and promoting strategic thinking through CRM, data mining, and other front-end BI applications. Users of the data warehouses are from virtually every business unit, amongst which information systems, marketing and sales, finance, production and operations, are the heaviest users. Current State of Business Intelligence Business Intelligence are computer based techniques used in identifying, extracting and analyzing business data. Sales revenue by products, department, time, region or income are such examples. The BI technologies provide historical, current and predictive views of business operations. Some common functions of BI technologies include reporting, online analytical processing, analytics, data mining, text-mining and predictive analytics. As BI aims to support better business decision-making, they can also be referred to as a decision support system. BI applications often use data gathered from data warehouses or data marts, however, not all BI applications require a data warehouse. With sources from Wikipedia, business intelligence can be applied to business purposes in order to drive business value. Amongst these business purposes include measurement, analytics, reporting, collaboration, and knowledge management. BI is widely used today, mainly to describe analytic applications. According to Watson, BI is currently the top-most priority of many chief information officers. In a survey of 1,400 CIOs, from Gartner Group, it was discovered that BI projects were the number one technology priority for 2007. Watson further informs that the BI is a process which basically consists of two primary activities; â€Å"getting data in and getting data out†. Getting data in, also referred to as data ware housing, delivers limited value to a business enterprise. Organizations realize the full value of data from data warehouses only when users and applications access the data and use it to make decisions. Getting data out receives the most attention, as it consists of business users/applications accessing data from DW to perform enterprise reporting, OLAP, querying and analytics. The business intelligence framework is depicted in figure 2. Current BI infrastructure is a patchwork of hardware, software and storage that is growing ever more complex. Figure 2 – BI framework BI is continuing to evolve, and several recent developments are generating widespread interest, including real-time BI, business performance management, and pervasive BI. Data Warehousing Appliance A data warehouse is developed to support a broad range of organizational tasks. It can be referred to as an organized collection of large amounts of structured data, designed and intended to support decision making in organizations. The import of information and knowledge from a data warehouse is a complex process that requires understanding of the logical schema structure and the underlying business environment. According to Hinshaw, a data warehouse appliance, applied to business intelligence, â€Å"is a machine capable of retrieving valuable decision-aiding intelligence from terabytes of data in seconds or minutes versus hours or days†. The appliances represent the difference between decision-making using either stale data or the freshest information possible. With sources from Wikipedia, a more standard definition of the data warehouse appliance is an integrated collection of hardware and software designed for a specific purpose that typically involves the high throughput of data and analytic functions. It typically consists of integrated set of servers, operating systems, data storage facilities, database management systems (DBMS), and software that is pre-installed and pre-optimized for data warehousing. DW appliances provide solutions for the mid-to-large volume data warehouse market, offering low-cost performance usually on data volumes within the terabyte range. Due to its cost-effectiveness and efficiency, the data warehouse appliance has become a critical segment of the data warehousing market. A business or an organization can use a data warehouse appliance to optimize various areas of data processing. The main purpose of a DW appliance, in general, is to supplant conventional business intelligence functions, such as warehousing, extract, transform, load (ETL), analysis, and reporting. A true DW appliance is defined as one that does not require fine-tuning, indexing, partitioning, or aggregating, whereas, some other DW appliances use languages such as SQL to facilitate interaction with the appliance at a database request level. With reference to Wikipedia, most data warehouse appliance vendors use massive parallel processing (MPP) architectures to provide high query performance and platform scalability. The MPP architectures consist of independent processors or servers executing in parallel, implementing a â€Å"shared nothing architecture† which provides an effective way to combine multiple nodes within a highly parallel environment. A DW appliance is capable of deploying up to thousands of query processing nodes in one ppliance package, compared to traditional solutions where the cost and complexity of each additional node prevents a high level of hardware parallelism. Leveraging fully integrated data warehouse architecture, a data warehouse appliance can deliver a significant performance advantage, performing up to 100 times faster than general-purpose data warehousing systems. Maturation With reference to Hinshaw, data warehouse appliance is specifically designed for the streaming workload of business intelligence and is built based on commodity components. It integrates hardware, DBMS and storage into one opaque device and combines the best elements of SMP and massively parallel processing (MPP) approaches into one that allows a query to be processed in the best possible optimized way. A data warehouse appliance is fully compatible with existing BI applications, tools and data, through standard interfaces. It is simple to use and has an extremely low cost of ownership. The development of standardized interfaces, protocols and functionality is one of the most important trends in BI. In comparison to about a decade ago, there are a wealth of tools and applications using these standardized interfaces including MicroStrategy, Business Objects, Cognos, SAS and SPSS. And these are coupled with ETL tools having standardized interfaces such as Ab Initio, Ascential and Informatica. The appliances work seamlessly with these tools and other in-house applications. A data warehouse appliance is truly scalable. The bottlenecks are the speeds of the internal buses, internal networks, and disk transfer in BI, whereas in transactional workloads, scalability is limited primarily by CPU. Reliability, which is provided by the homogenous nature of an appliance – all parts of the system coming from a vendor, is also critical. A data warehouse appliance also provides simplicity for the administrators, in that it allows administrators spend a more productive time in troubleshooting complex database systems. And DBAs can be deployed to assist end users doing real-time BI. A data warehouse appliance offers the lowest cost of ownership as it has one source and one vendor, thereby reducing costs associated with support. Businesses and organizations will run more efficiently with the simple, efficient solution provided by a data warehouse appliance. Benefits Data warehouse appliances provide freedom to the business user. With patch-work systems, users are limited in the queries they can run due to the time required to run them. And with the time required to run a complex query reduced to seconds, users can not only run their old analysis with more iterations, but have the time to devise and run entirely new sets of analysis on granular data. With sources from Wikipedia, some researched benefits of DW appliance are briefly discussed as follows; Reduction in costs – As a data warehouse grows, the total cost of ownership of the data warehouse consists of initial entry costs, maintenance costs, and the cost of changing capacity. DW appliances offer low entry and maintenance cost. Parallel performance – DW appliances provide a compelling price/performance ratio. The vendors use several distribution and partitioning methods to provide parallel performance. With high performance on highly granular data, DW appliances can address analytics that could previously not meet performance requirements. Reduced Administration – DW appliances can provide a single vendor solution, taking ownership for optimizing the parts and software within the appliance, thereby eliminating the customers costs for integration and regression testing of the DBMS, OS and storage on a terabyte scale. DW appliance reduces administration via automated space-allocation, reduced index-maintenance and reduced tuning and performance analysis. Scalability – DW appliances scale for both capacity and performance. In massive parallel processing architectures, adding servers increases performance as well as capacity. Built-in high availability – Massive parallel processing DW appliance vendors provide built-in high availability via redundancy on components within the appliance. Warm-standby servers, dual networks, dual power-supplies, disk mirroring with fail-over and solutions for server failure are offered by many. Increasingly, business analytics are expected to be used to improve the current cycle, and DW appliances provide quick implementations without the need for regression and integration testing. Also, DW appliances provide solutions for many analytic application uses. Some of these applications include; enterprise data warehousing, super-sized sandboxes isolating power users with resource intensive queries, pilot projects, off-loading projects from the enterprise data warehouse, applications with specific performance or loading requirements, data marts that have outgrown their present environment, turnkey data warehouses, solutions for applications with high data growth and high performance requirements, and applications needing data warehouse encryption. Impact of Data Warehouse Appliances on Businesses and Organization Demand for data warehouse appliances is increasing, and businesses taking advantage of the benefits of this hardware range from a world-wide large-scale business to the smallest individual business. Data virtualization could be a useful partner to appliances, providing a single view of information across multiple appliances. Data virtualization is also useful because it provides a stable reporting layer during normal migration exercises, such as the circumstances during addition of data warehouse appliances to the information infrastructure. As businesses today continue to process extremely large volumes of data, there is always the need to keep data warehousing costs under control while ensuring a superior BI and application performance. Scalability, flexibility, and affordability are essential requirements for designing an infrastructure capable of supporting next-generation BI performance. When asked why the demand for data warehouse appliance is increasing, during an interview, Robert Eve (executive vice president of marketing for Composite Software Inc. ) stated that it is the confluence of three primary drivers at the macro level. The first is â€Å"the well-reported information explosion, and the technical challenges involved in making this information accessible in forms that business decision-makers can easily use†. Secondly, data warehouse appliances are more affordable and appealing, as the costs per terabyte and for support are coming down. And finally, recent advancements in analytics technology, notably in predictive analytics, promise to concur with the massive data volumes. Data warehouse appliances offer numerous advantages some of which are similar to benefits. Amongst the advantages include; more reporting and analytical capabilities – data warehouse appliance are able to handle bigger and more complex query workload, if it executes queries, Cost reductions – data warehouse appliance requires a minimal amount of tuning and optimization of the database server and database design. It is also able to run most queries with a quick speed, Flexibility – it will be easier to implement new user requests if less tuning and optimization is needed. With other database servers, a new query might lead to quite a number of technical changes, such as creating and dropping indexes, repartitioning tables, etc. Sometimes, decision is made not to implement the new request at all, due to the overwhelming work. The need for these additional technical changes is less with a data warehouse appliance. Data warehouse appliances helps support impressive BI deployments. With reference to Hinshaw, real world application examples of the positive impact of DW appliance on businesses are discussed. The rapid growth of call detail records, in the telecommunications industry, creates an imposing amount of data, which makes it difficult for companies to quickly and efficiently analyze customer and call plan information. And traditional approaches have been inefficient in processing queries on even a months data, seriously hampering an organizations ability to perform trend analysis to reduce customer churn and generate timely reports. However, with a DW appliance, the telecom user can analyze customer activity down to the call detail record level over a full years worth of detailed data. Another industry where data warehouse appliances have begun to prove their worth, and are poised to play a bigger role in the future, is the retail. Hinshaw states that Brick-and-mortar and online retailers are capturing great amounts of customer transaction and supply chain information, creating a data explosion that threatens to overwhelm an average retail organization and its current IT infrastructure. But data warehouse appliances enable these retailers to manage and analyze the terabytes of information in near-real time. They are able to use the information to effectively forecast buying patterns, quickly generate targeted promotions and optimize their inventory and supply chain. Business intelligence remains the foundation for the success of decision making in any company. And BI, itself, relies on the underlying database architecture. Eve also presents other real world examples of positive business impact among a broad range of industries. A leading worldwide convenience foods business uses data warehouse appliances and analytic applications to acquire major business benefits in two specific areas. One of which the company optimizes its international network of delivery routes, making the system more efficient and ensuring timely delivery of its products. Secondly, it continuously refines its merchandizing mix daily, on a retail basis, in order to maximize sales and margins. Major League Baseball captures information about every pitch, at-bat, and fielding play within a data warehouse appliance, using this data to predict players’ future on-field performance. This can help teams to evaluate current and free-agent talent, refine coaching and development methods, and determine salaries, hence maximizing their wins. Also, a global freight, transportation, and logistics company uses data warehouse appliances to identify behavioral patterns that indicate potential dissatisfaction within its existing customer base. The customer care group then proactively takes steps to improve satisfaction before they lose their customers. Currently, smaller data warehouse appliance vendors seem to be focusing on adding functionality to their products in order to compete with the mega-vendors. However, it is anticipated that all appliance vendors will be impacted by the trend toward an inexpensive, high-performance, and scalable virtualized data warehouse implementations which use regular hardware and open source software. Conclusion In general, data warehouse appliance is a combination hardware and software product specifically designed for analytical processing. In a traditional data warehouse implementation, the database administrator can spend a significant amount of time tuning and putting structures around the data to get the database to perform well for large sets of users. But with a data warehouse appliance, it is the vendor who is responsible for simplifying the physical database design layer and making sure that the software is tuned for the hardware. In this research, a comprehensive examination/review of the data warehouse appliances, their benefits, and how they positively impact businesses and organizations, was presented. Based on this research, the negative impact of DW appliances on businesses are negligible compared to its positive impact. And there is an increasing demand for DW appliances. I believe that, in the near future, the DW appliances will become the sole platform for all business intelligence applications and requirements. I gained much knowledge and insights from researching this topic, and I intend to further my research on future impacts of DW appliance on businesses.

Simple to carry around Essay Example for Free

Simple to carry around Essay Super computers are the fastest computers and the most expensive computer in the world; these are at least 100 millions pounds. They are mainly used for superior scientific investigations, weather forecasting or advanced engineering applications Mainframe computers can contain massive amounts of data and are capable of processing them. Large utility companies such as gas suppliers and banks etc would these computers to save masses of data in it. Minicomputers are used by smaller businesses to handle their data processing or to run something similar to a city traffic control system. Desktop computers would naturally be supplied with the computer itself (complete with hard disk drive and floppy disk drive) and peripherals such as a screen, a mouse, a keyboard and a CD or DVD drive. These are comparatively cheap and easy to add development cards to. The only disadvantage is that it takes up lots of space and is not easily moved. Notebooks (Laptops) These are little, light and simple to carry around. You open it by his hinges and has a screen on its inside, keyboard and mouse controls. These are really expensive because of their processing power and you cannot use standard expansion cards. Keyboards and screens not as good for extended usage. They are designed to run on rechargeable batteries or the mains and can contain many of the description available on a desktop computer. Touch pads or a button are usually used to control the screen pointer. These are also portable due to their size and ability to run on batteries Palm-tops PDAs (personal digital assistants) These are very portable, small hand-held computers. They are usually supplied with software such as a diary, a contacts database, and some form of word processor. Many now have email facilities and even spreadsheets and databases. They either use a little keyboard or a touch-sensitive screen and writing recognition software. They can be linked to larger computers straight by cable or through a docking station or using an infrared link. These are relatively expensive, limited expansion; non-keyboard versions can be slow to input data. Embedded computers have a vast number of modern devices contain some figure of built-in computer. Examples include: washing machines; camera, hi-fi systems; telephones; microwave ovens; missiles. The inputs are usually sensors so a keyboard may not be needed. The outputs are usually simple displays or motors and relays to control something.

Case Study Claim For Damages In Negligence Scenario Law Essay

Case Study Claim For Damages In Negligence Scenario Law Essay In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina would be required to present (including any particular witness evidence) related to the need for there to be a recognised duty of care that was breached that was proximate leading to a recognised harm in fact so as to then be able to serve to substantiate each of their claims as they arise. Moreover, there is also a need to look to comment on as to how successful Steve and Tinas claims would be in looking to take account of the evidence that is available along with any defences that may possibly be levied on the facts. With this in mind, this means that it is necessary in advising Steve and Tina to look to analyse the facts as they are presented and give reasons for the view that is given whilst also referring to any relevant case law and/or legislative provisions as and when and where they are considered to be applicable in relation to each of the points made individually and collectively. Finally, this essay will look to conclude with a summary of the key points that have been derived from this discussion with a view to then advising Steve and Tina with regard to as to whether they have a claim/claims for damages arising out of this scenario as it is presented on the facts. First, with a view to effectively advising Steve and Tina, there is a need to show an understanding of the fact that, whilst the burden of proof in a given case is dependent upon the circumstances that lead to the particular claims arising on the facts. However, in the case of civil actions for damages, such as those arising on the facts of this scenario that Steve and Tina are now looking to claim for, the burden of proof normally falls upon the party that is affirming something to be the case (i.e. Steve and Tina) and not upon the party that is looking to make a denial (i.e. the other parties that are involved on the facts).  [1]   Nevertheless, it is also to be appreciated that, by majority, the House of Lords recognised in the case of Re H Others  [2]  that, the more serious an allegation was that was made on the facts, the less likely it was going to prove to be true so there was a need for stronger and more weightier evidence to be provided to prove it in the circumstances. On this basis, the legal burden falls upon Steve and Tina for establishing the essential elements of their respective claims for damages for negligence on the basis of the facts of this scenario and advise Steve and Tina accordingly. Therefore, Tina and her husband Steve (who was driving) were going along a lane in the country one summers evening at 8.00pm beside North Berwick to their favourite restaurant The Crusty Crab for a meal whose entrance is also an exit and consists of a very sharp blind bend that is used by both goods and customer vehicles. The problem is that as Steve approached the entrance to the restaurant car park at The Crusty Crab, he slowed down, but confidently took the bend worried that they would be late for their table booking since they were concerned that it might be given away but, as he entered the restaurant grounds, he collided with a large Heavy Goods Vehicle (HGV) that was reversing out onto the lane. Therefore, in advising Steve and Tina regarding their claims for negligence against the other parties involved on the facts and the evidence as it stands, it is to be appreciated that the recognition of a duty of care is ostensibly a legal obligation that is usually placed on an individual like Steve (who was driving), the HGV driver, the owners of The Crusty Crab, and Dr Bill so they must adhere to a reasonable standard of care to avoid foreseeable harm to others. This effectively means it is for the plaintiffs (i.e. Steve and Tina) to articulate a duty of care which one or more of the defendants has breached to proceed with a negligence claim because breaching a duty of care may subject them to liability.  [3]   In addition, there is also a need to articulate what is understood in relation to evidence of the duty of care in the claims brought against the defendant in any given case who is found to be in breach of such a duty of care in the event their conduct has fallen short of the standard they were expected to meet respectively in the circumstances. Generally, any defendant like Steve, the HGV driver, the owners of The Crusty Crab needs to provide evidence with a view to then meeting the standard of what is considered aspirational for a reasonable man  [4]  fundamentally revolved around the idea the standard of objectivity expected is based on what could be expected of a reasonable person because perfection cannot be expected.  [5]   On this basis, it is necessary to advise Steve and Tina that there will be a need to consider whether Steve and the HGV drivers actions are in keeping with the actions of reasonable people on the facts and also as to whether the owners of The Crusty Crab were reasonable in having a blind entrance and exit used by both customer and goods vehicles. Ostensibly, Steve and Tina will be advised that the court must first consider what the defendants knew so that the witness statements of the parties will become of great significance because, to illustrate the point, it was found in the case of Roe v. Minister of Health  [6]  that a defendant will only be liable if a reasonable person would have also foreseen the loss or damage in the circumstance. However, it is also to be appreciated that the eggshell skull rule recognises a victim of harm should be taken as they are found so if they have a particular unknown defect that makes them more susceptible to injury than the person inflicting the injury can still be held liable.  [7]  In addition, it is also necessary to advise Steve and Tina in relation to the degree of risk because it has come to be understood that the greater the risk that is involved with a particular activity, the greater the precautions that were needed on the facts.  [8]   This effectively means that it will have been necessary to look to see whether the entrance and exit at The Crusty Crab was effectively delineated in view of the fact that it was a blind turn, as to whether the HGV driver had his warning lights on and reversing warning system enabled and was also driving slowly and with due care and attention. More importantly, however, there is a need to note that the driver of the HGV actually had what is considered to be adequate turning space on the evidence of the facts as they stand to turn the vehicle in the car park of the restaurant as opposed to reversing out so that he would have had more awareness of other road users in the way that most other people would have done when faced with the same situation. Similarly, Steve and Tina need to be advised that, when looking to enter the car park, it is open to question as to whether Steve was driving with due care and attention and was looking to enter the car park at The Crusty Crab on the basis of the facts as they stand here. It is then necessary for the court to look to consider how practical these precautions were in advising Steve and Tina since, for example, in the case of Wilson v. Governor of Sacred Heart Roman Catholic Primary School  [9]  a primary school was deemed not negligent for not employing someone to supervise the playground after the close of school hours so the test for how practical precautions are is about looking to strike a balance of reasonableness of precautions against foreseeable injury. Moreover, there is a need to evaluate the social importance of a defendants activity because in the event that a defendants actions are deemed socially useful they may then be considered justified for taking greater risks  [10]   although that is unlikely to be the case here. Finally, in effectively advising Steve and Tina there is a need to evaluate as whether there is any common practice in relation to the acts and omissions of each of the given defendants on the evidence. This is because it has been recognised that, in the event that a defendant in a given case is found to have complied with common practice in their activity, they will usually be considered to have met a reasonable standard, unless the court considers the practice negligent.  [11]   At the same time, however, in advising Steve and Tina with regard to the claims brought there is a need to consider the matters of proximity and remoteness in relation to whether there enough evidence to show the events transpired are considered sufficiently related to a legally recognisable injury to be its cause through the consideration of causation in terms of the but for test and proximate cause. The but for test is on the fact a defendant will only be liable where the claimants injuries would not have occurred but for their negligence i.e. the HGV driver, the owners of The Crusty Crab, and Stevel although the defendant will not be deemed liable if the damage would, or could, on the balance of probabilities have occurred anyway because the loss or injury sustained by Steve and Tina must not be too remote to ensure any liability is fairly placed on the right defendant.  [12]   Therefore, the issue of causation in relation to Steve and Tinas claim for damages for negligence primarily relates to the causal relationship between conduct and result to connect conduct, complete with actus reus, with the resulting harm  [13]  in a concerted effort to produce results that are generally considered to be both just and fair in their nature.  [14]   Steve and Tina also need to be advised with regard to as to whether Dr Bills activities as a third party in providing the couple with medical treatment at the hospital effectively serves to break the chain of causation regarding the acts of the other potential defendants. With a view to making a decision, this is largely dependent upon whether the intervention in question was foreseeable with the general rule being that the original defendant will be held responsible for harm caused by a third party so long as it was a highly likely occurrence.  [15]  In advising Steve and Tina in this regard there is a need to consider whether there is a Novus Actus Interveniens (i.e. a new act intervening) and is thus considered a general defence in the law of tort. This is because a third partys act (like that of Dr Bill) will serve to intervene between the original act or omission and the damage produced as a result, unless that original act or omission is still considered the main contributing factor to the damage because the act of the third party had no impact upon the events as they unfolded.  [16]   This is because this could amount to a third partys inadvertent contribution since, for example, in R v. Cheshire  [17]  the victim was shot and taken to hospital where he suffered pneumonia and other respiratory problems and was placed in intensive care where he was given a tracheotomy but still later died. The court found there was an element of medical negligence because the tracheotomy the patient had been given caused a thickening of the patients tissue leading to his suffocation. As a result, Lord Justice Beldam established the following test that recognised Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the accused unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant.  [18]   At the same time, however, in effectively advising Steve and Tina it is to be appreciated that, whilst there may have been an element of contributory negligence related to Steves injuries (in the accident he sustains whiplash injuries to his neck and bruising to his chest caused by the impact of his seatbelt) if the evidence shows that he was failing to fulfil his duty of care to drive with due care and attention in the interests of his passenger (i.e. Tina) and other road users (i.e. like the HGV driver), Tina may also have contributed to her own injuries. This is because of the fact that, seconds before the vehicles collided, Tina took off her seatbelt in anticipation of getting out of the car quickly to rush into the restaurant because of being late for their reservation so as to sustain similar, but more serious, whiplash injuries to Steve. As a result, as a victim, Tina effectively contributed to her own injuries illustrated by the decision in the case of R v. Dear.  [19]  In this case on the facts a man, believing the victim had sexually interfered with his daughter, attacked the victim with a knife. The defendant then argued the chain of causation had been broken because the victim later committed suicide so it became necessary to determine whether the injuries inflicted by the defendant were a significant cause of, or contribution to, the victims death. Nevertheless, as to whether the resumption or continuation of that bleeding was deliberately caused by the victim, the defendants conduct remained the most significant cause of death.  [20]  . As for the matter of Steve and Tina being taken to the local hospital, Steve and Tina also need to be advised in relation to their treatment by a junior doctor, Bill, (inexperience is no defence so a junior staff member should always seek help from a more experienced staff member  [21]  ) who has just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by the Chairman of the Acupuncture Society, Dr. D. Odgy. The Acupuncture Society involves a group of doctors who support the use of acupuncture as much as possible in the treatment of common road traffic injuries and so, on the basis of the aforementioned article, Bill treats both Steve and Tina with acupuncture. As a result of this treatment, their injuries become worse so that both Steve and Tina have to return to hospital 3 weeks later to be treated conventionally when they then feel much better and recover within days. Steve and Tina need to be advised that this is effectively an example of medical negligence perpetrated by Dr Bill. This is because, as professional people, medical personnel are held ready to give medical advice or treatment so someone like Bill also impliedly undertakes they are possessed of skill and knowledge for a purpose equivalent to any reasonable practitioner and cannot be held to the same standard as an ordinary person.  [22]  This effectively means that the standard of care becomes what can be expected of a similar reasonable professional doctor like Bill a special standard of care.  [23]   Therefore, as to whether or not someone like Bill is a registered medical practitioner,  [24]  it is also to be appreciated in advising Steve and Tina that someone like Bill who is consulted by a patient is commonly considered to owe them a duty of care on the basis of the recognition of the evidence on the facts since that is what they are trained to do in exercising reasonable care and skill in diagnosing, advising and treating them  [25]  and them alone.  [26]   As a result, Steve and Tina need to be advised that a breach of this duty of care on the part of Dr Bill to Steve and Tina causing an exasperation of their personal injury claims will serve to support a claim for negligence on the facts by the patient along with some compensation for any financial loss accrued on this basis.  [27]   In advising Steve and Tina, however, there is a need to recognise that an error of judgment will not necessarily amount to a claim for damages for an act of negligence on the part of Dr Bill unless it would not have been made by a reasonably competent practitioner acting in keeping with an ordinary duty of care that is judged against the current state of professional knowledge  [28]  or where there are differing and well-established professional schools of thought.  [29]   This is because, as has already been recognised, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries. However, on the basis of the available evidence, Steve and Tina need to be advised that the treatment that was administered to them by Dr Bill will be held to be negligent. Therefore, this would serve to make him and potentially the hospital also vicariously liable as Dr Bills employer if it cannot be shown to the courts satisfaction the opinion relied upon is reasonable or responsible  [30]  unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [31]   To conclude, having sought to advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario, it is to be appreciated that it has been necessary to look to consider what is ostensibly involved with a successful claim for damages for negligence against each of the defendants as they are identified on the facts. To this effect, as has already been recognised, there is a need for Steve and Tina to make successful claims for negligence on the basis of their being (i) a duty of care; (ii) with a breach of that duty; (iii) that was proximate and not too remote; (iv) leading to recognised harm in fact.  [32]   On this basis, it would seem arguable that it is possible for Steve and Tina to look to raise claims for damages for negligence against the HGV driver, the owners of The Crusty Crab restaurant and Dr Bill (along with a claim against Steve by Tina although this may be unlikely as it will most likely depend on the nature of their relationship and as to whether Tina blames him in anyway). But at the same time there is also a need to appreciate that, in advising Steve and Tina, both of them may have actually contributed to their own injuries in view of the fact that Steve may have breached his duty of care by driving without due care and attention and the fact that Tina released her own seatbelt before the car that Steve was driving in came to a halt. In addition, it is arguable that there was a novus actus interveniens in this case that only served to further exacerbate the injuries that both Steve and Tina sustained that may also serve to be a case of medical negligence. This is because, in looking to treat Steve and Tina at the hospital, Dr Bills treatment of them actually served to make their injuries somewhat worse and he would thus be considered negligent along with the hospital vicariously unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [33]   The reason for this is that, as has already been recognised in the advice provided to Steve and Tina, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries and based their treatment on this.