Thursday, December 26, 2019

Controversies on Article - Free Essay Example

Sample details Pages: 7 Words: 2096 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Since the establishment of the European Union (hereinafter à ¢Ã¢â€š ¬Ã‹Å"EUà ¢Ã¢â€š ¬Ã¢â€ž ¢) with the Maastricht Treaty in 1993, the accession to it, had been perceived as the cornerstone for a state into a new national economic and political development. The crucial premise of the EU is the incorporation of the EU legal order in its entirety into the state national legal system over which the EU has precedence, in other words, limiting its sovereignty in favour of firming up the integration in the EU. Nonetheless this constitute a complicated issue, usually of a great importance, evolve at the accession of a state to the EU. Don’t waste time! Our writers will create an original "Controversies on Article" essay for you Create order This regards the relationship of a member state with third countries, in term of binding nature of existing agreements. Membership to the EU, does not in itself, an imposing stature, to force a recently joined member state to act, in breach of pre-accession international agreements, against a third countries, nor let the parties to the agreements to operate on the basis of this rule forever leading to a disparate interloping, endangering the basic essence of the EU, that is the Supremacy of EU Law. The following paragraph will investigate the role and effects of Article 351 of the Treaty on the Functioning of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"TFEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). This article has been purposely implemented with the aim to deal with these dichotomies, that is à ¢Ã¢â€š ¬Ã‹Å"to make it clear, in accordance with the principle of international law, that application of the EC treaty does not affect the duty of the Member State concerned to respect the rights of third countries und er a prior agreement and to perform its obligation thereunder.à ¢Ã¢â€š ¬Ã¢â€ž ¢[1] This paper will examine the controversies of the Article 351 TFEU, elaborating on the conclusion date of the international agreements, the effect of future amendments to international agreements, the potential collisions, and above all, the supremacy of EU law. The prohibition of international agreements established between Member States, situations whereby third countries are favoured in the interpretation of the provisions, competences of national courts and the Court of Justice of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢) in interpreting international agreements. As a final point, analysing paragraph 3 of Article 351 of the TFEU, concerning obligation to renegotiate or terminate international agreements. 2. Scrutinising of Article 351 TFEU Article 351 TFEU[2] : The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of the Treaties. To the extent that such agreements are not compatible with the Treaties, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude. In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under the Treaties by each Member State form an integral part of the establishment of the Union and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and th e granting of the same advantages by all the other Member States. The first part of the article allow Member States to respect their commitments under international agreements towards non-EU states, even if the later conflicts totally with EU principles. The second part enforce a duty on the acceding state, to deal with the dichotomies, and also actively impose on other Member State to support where necessary achieving the intended aim, that is the consistency in the EU. The last part prevents limits the possible benefits through bilateral treaties to EU non-member state. On a general basis, the criteria for an international agreement to fall within the concept of Article 351 TFEU seems clear. The treaty, implicating international rights and obligations, must have been concluded between a Member State and a third countries, before the Member State accession to the EU. In Kadi v Council and Commission[3], the Court has opted to narrow the interpretation, adding a forth cr iterion, prevailing the fundamental principle of EU Law. Under paragraph one of Article 351 TFEU, to simplify the ideology behind the mention date, that is 1 January 1958, is not as easy as it seems. The main ambiguous points is about the wording surrounding the date itself. We are here to deal with either we should take it literally or the intended principle behind. There is this approach that will consider concluding an agreement as the date of signature, while others will consider the act of ratification as the influencing point. Nonetheless, the Court has neither in Commission v Italy nor in Commission v Belgium, when they had the opportunity to clarify, took the opportunity to do it. In Commission v Italy, the court dealt with Italy signing the GATT agreement in 1956 and ratified it in 1958[4] and in Commission v Belgium, a treaty between Zaire and Belgium, applied de facto from its signature. Thus the question of ratification as a condition remains unanswered. Nonetheless, on a logical side, ratification of an international agreement is the clear break that demonstrate the participative factor of a state rather than just an intention by signing. Article 351 TFEU is to enable state to assent to the EU without to breach transnational duties. Thus it is rational that mutual revision to international agreements will enable to discontinue application of article 351 TFEU, so that the EU can enforce its total supreme right over Member State. According to the Court in Commission v Belgium, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Upon amendments made later, the Member states are prevented not only from contracting new international commitments but also from maintaining such commitments in force if they infringe community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[5] The CJEU also confirmed that it might be possible for agreement with subsequent amendments due to collapsing state like the Federal Republic of Yugoslavia, Czech Republic and others, to fall under the protection of Ar ticle 35 TFEU should the Court establish that the parties intended to follow the principle of the continuity of treaties.[6] After accession to the EU, according to the CJEU, Article 351 TFEU is not applicable to international agreement ratified, concluded by Member state even where EU had no competence in the field at the time, when the Member state ratified it. In clear, the agreement should be rendered compatible toward EU law or eliminated. Every Member state has a general duty of active loyalty towards the EU, to refrain from any activity that might endangered the uniformity goal of the EU, under Article 4 of the Treaty of European Union (Hereinafter, à ¢Ã¢â€š ¬Ã‹Å"TEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). There might be some opportunities whereby the EU has no actual competences in a required field, but can be such in future, so, in case a Member state ratified such agreement base on the absence of competence of EU at that particular moment, cannot in the future when the EU assent to suc h competence to try to be under the protection of Article 351 TFEU. Therefore the court can rightfully conclude that such agreement is in breach of the EU law, and enforce the Member state to take appropriate measures to eliminate incompatibilities, and on failing such, take appropriate EU law breach measures against the Member State. Article 351 TFEU, according to case law, though not very descriptive in the provision, is applicable to only between Member state and a third countries and not intra-EU countries. More often, some treaties contain such provisions that impose such measure to extend privileges offered to intra-EU relationship to third parties of a treaties. These are known as à ¢Ã¢â€š ¬Ã‹Å"most favoured nation clausesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Thus cause problems by extending EU privileges to Non-EU states. Thus the third paragraph of Article 351 TFEU is aimed at limiting the possibility of extending benefits of the EU to non-EU states through bilateral treaties of Membe r states. The Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Competence in dealing with Article 351 TFEU. Under Article 19 TEU, the CJEU do not have the specific competence to interpret national law or international law, however, he court has on several occasion try to interpret both, based on the duty arise under Article 4 TEU, that is the loyalty to the EU. Following the Von Colson principle, it is an obligation of the national court to interpret their national law à ¢Ã¢â€š ¬Ã‹Å"in the light of the wording and purpose of the EU law.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Thus this require the Member state to take all appropriate and reasonable measure to fulfil all obligations and rights arising from the EU treaties. However, such differs from international agreements, the court in BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar à ¢Ã¢â€š ¬Ã‹Å"It follows that the national court must ascertain whether a possible incompatibility between the Treaty and the bilateral convention can be avoided by interpreting that convention, to the extent possible and in compliance with international law, in such a way that it is consistent with Community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[7] Concluding on the competence of the national court, the later has a duty to seek out the direction of the EU law in its pronouncement on the significance and result of an international treaty is apparent. Interpretation of International treaties are codified in Article 31 of the Vienna Convention on the Law of Treaties, according to which à ¢Ã¢â€š ¬Ã‹Å"[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purposeà ¢Ã¢â€š ¬Ã¢â€ž ¢. During interpretation, Courts have a duty to interpret the agreements in reliance to fundamental rights being observed and respected. Measures that are incompatible with the convention of human fundamental rights are unacceptable to the community. INCOMPATIBILITIES. In case of incompatibilities between international agreements and EU law, Member state are obliged to take all reasonable steps to eliminate incompatibilities under Article 351 (2) TFEU, or the most extreme position to terminate an international agreement, in accordance to the Vienna Convention. Member States are under a legal duty to be at mutual assistance and common attitude towards each other to deal with such incompatibilities. The CJEU has indicated two clear structure to follow, as describe below. The first step is that the Member State can use the diplomatic scenario to renegotiate new agreements terms rendering the agreement compatible with EU law. Nonetheless, even if the parties has done reasonably enough in term of negotiation but due to other political scenario, has not been able to achieve the aim to erase incompatibilities, the CJEU has well been clear enough to accentuate that political situation of a Member State à ¢Ã¢â€š ¬Ã‹Å"cannot justify a continuing failure on the part of a Member State to fulfil its obligations under the Treatyà ¢Ã¢â€š ¬Ã¢â€ž ¢[8] The second scenario is that is although following several negotiation, no agreement had been reach, the whole agreement should be rejected. The purpose of such, is to avoid future breach of international law, and protecting both EU and third countries. One more major point to clarify that several state can claim that they have taken sufficient proportionate steps towards making their agreements compatible but nonetheless unfruitful. However, in Commission v Portugal, the CJEU established that even though the Member State has taken proportionate measures, they cannot justify their failure base on the concept of proportionality. However the balance of proportionality is well observe by the EU in preserving a stability between foreign-policy and union interests. Article 351 (1) TFEU safeguards the benefits of the Member States contrary to Article 351 (2) TFEU preserve that of the EU. The Article allow, at the Member State discretion to take the require measures base on their own capability, to condense unsafe agreements to compatible agreements with EU law. A Member state cannot speculate that his rights are not protected as the Union is offering sufficient steps to protect his first. Also, concerning the elimination of incompati bilities, if during the accession, the Union is informed of a conflicting obligation under an international agreement, the latter is introduced in the act of accession so as to compel the state to withdraw from such treaties or obligations, for example a pulling out an agreement concerning pollution, that the EU is already a signing party to. Also, state are advice to eliminate incompatibilities as earliest as possible before the accession or nearest post-accession date. Most certainly the said Member state will be granted a deadline to eliminate an inconsistent agreement by means of a Regulation. [1] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [2] Article 351 TFEU (ex Article 307 EC) [3] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [4] Case 10/61 Commission v Italy [1961] ECR [5] Case 471/98 Commission v Belgium [2002] ECR I-9681 [6] Case C-216/01 BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ Budvar [2003] ECR 2787. [7] Case C-216/01, BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar [2001] para. 169. [8] Case C-170/98, Commission v. Belgium [1998] paras 37, 42

Tuesday, December 17, 2019

Code Of Conduct For Law Enforcement Essay - 1465 Words

Ethics in Criminal Justice Assignment 1 Sydney E Vaughn CRJU 1400 Ethics and Cultural Perspectives in Criminal Justice Professor Stephen N. Knights Jr October 22, 2016 Contents Introduction 2 Police Ethics 2 Corruption 3 Police Corruption 3 Police Discretion in Ethics 4 Code of Conduct for Law Enforcement 4 Types of Police Corruption 4 Ethics in the Courtroom 5 Prosecuting Attorneys 5 Defense Attorneys 5 Ethics in Police Training 6 Closing 6 Introduction Ethics by definition states that it’s the study of morality. Ethics are the basis of our criminal justice system. From the arresting officers who take an oath to serve and protect, to the attorneys and courts, we assume the behavior and rules are ethically and morally sound. We as the public should think we are in good hands when it comes to the Criminal Justice System. I think we should have people in the system with good morals and great values. We want to be assured that our laws and those enforcing them are supported. Police Ethics Police Ethics are always under constant scrutiny these days it seems. Police officers are held to a higher standard by the public and are expected to always act appropriately in the way they interact with the community or a suspect. Basically ethics is just doing the right thing. For example, a police officer is expected to stop and help a stranded person in a car, but sadly that sometimes doesn’t happen. Hopefully the police officer could not because they had a more serious callShow MoreRelatedPolice Codes Of Conduct And Police Code Of Ethics1560 Words   |  7 Pagescommon law of the land, there are additional rules and principles they must abide by. This is illustrated in the police officer s code of conduct and police code of ethics. Many police departments have their own code of conduct which are to be followed by the officers. Just like any other profession, there are no fool proof rules and standards. People will (for whatever reason ) try to beat the system or just plain fall short of whats required of them. That’s why ethics and codes of conduct areRead MoreEthics in Criminal Justice Administration Analysis Essay978 Words   |  4 Pagesand the law enforcement in regards to the balancing concern. The concerns are from prosecuting the guilty and respecting the right of the accused, protecting the victims, and creating a safe community. This paper will give analysis of the critical thinking concerning the relationship between ethics and professional behavior role of the law enforcement officers, and the five areas of ethical conduct that should be communicate in a seminar. Professional Code of Ethic for Law Enforcement Read MoreThe Ethical Dilemma of a Police Officer Essay1333 Words   |  6 PagesThe Ethical Dilemma of a Police Officer Professions are guided by codes of ethics to aid them in performance of their duties and to ensure maintenance of high standards of conduct. Police officers are faced with a maze of obligations in the performance of their official duties. The â€Å"Law Enforcement Code of Ethics† and â€Å"Canons of Police Ethics† were created to make explicit the conduct considered appropriate for police officers and to guide them in the performance of their duties. Although policeRead MoreCriminal Justice: Ethics and Integrity676 Words   |  3 Pagesmorality, and law are different, highlighting the primary focus of law enforcement officers The modern society demands a lot from a police chief or a county sheriff. Considering the bad reputation that most officers have displayed, the society is now highly critical on law enforcement with much power and responsibility being given to the police chief or a county sheriff. As such, the society expects these officers to express higher levels of morality, ethical standards and professional conduct. EthicsRead MoreThe Importance Of Integrity And Good Work Ethics885 Words   |  4 Pagesmeeting, it is important for a Parole Officer to resist any offer of taking the items for any personal gain. Good work ethics is also significant as a Parole Officer this means following the government law, how can a Parole Officer make sure an offender is following the law when they are not following the law? Court systems should be able to trust their employees. Secondly, treating everyone equally is good work ethics of a Parole Officer. Parole Officers should do their job, regardless of how t hey personallyRead MoreEssay on Ethics in Policing824 Words   |  4 Pagesoffer training in ethics during the time in which a cadet is in the police academy and after officers are put on the streets, which is called in-service training. It is the hope that while this training is available to officers, that they hold a basic code of ethics within themselves which would deter them from that which is considered â€Å"bad† in today’s society. In some instances, that is not the case. More often than not, police officers are ethical and are forthright in their jobs; however, thereRead MorePolicing1068 Words   |  5 PagesThis paper will analyze the relationship between ethics and professional behavior in the administration of criminal justice. It will also explain the role of critical as well as a seminar proposal on ethics that will include five areas of ethical conduct. The reader will be informed why these areas were chosen and what the benefits of this training wi ll do for the officers and the community. Ethics and Professional Behavior in the Administration of Criminal Justice â€Å"Ethics, also known as moralRead MoreThe Ethical Dilemma Of The Law Enforcement Code Of Ethics1309 Words   |  6 Pagessergeant have to order Tony not to get Johnny in trouble? Within this paper, I will discuss and examine the ethical dilemmas Johnny is confronted with and compare them to the Law Enforcement Code of Ethics. Keywords: corrupt morals, ethical dilemmas, repercussions, code of ethics Ethical Dilemma The practice of moral conduct challenges the generally accepted standards. An ethical dilemma is defined as a person has difficulty doing what is right, does not know the correct course of action, orRead MoreThe Ethics Of The Arizona Peace Officer Standards And Training Board941 Words   |  4 Pagesprinciples contained in a code of ethics for my discipline relate to the issue. Law enforcement has one key ethical issue: integrity. Dictionary.com defines integrity as â€Å"adherence to moral and ethical principles; soundness of moral character; honesty.† According to Cartwright, G. (2010) those who work in law enforcement â€Å"deal with temptation continually.† He continues by explaining that while most officers make the right decision, some do not. When the actions of law enforcement violate both ethicalRead MoreEthics in Criminal Justice Administration Essay1533 Words   |  7 PagesThis paper will analyze the relationship between ethics and professional behavior and the role critical thinking plays in the relationship of ethics and professional behavior. Because law enforcement plays a big role in ethics and professional behavior I will propose a training seminar for law enforcement. Not only are the consequences of unethical acts by criminal justice professionals quite serious, but there are also many possibilities for conflicts to arise in the area of criminal

Monday, December 9, 2019

Corruption and Crime and Misconduct Commission - Free Samples

Question: Discuss about the Corruption and Crime and Misconduct Commission. Answer: Introduction Australian employment relation is a tricky sector that requires proper regulation that ensures workplace laws are maintained and are adhered to. Fair Work Ombudsman is a critical organization within the Australia workplace since the organization assist in monitoring and enforcing workplace laws. Fair Work Ombudsman ensures and regulates the implementation of best workplace practices that include fair treatment of employee by employers. In event of conflict between employee and employer the Fair Work Ombudsman launch investigation and arbitrate to find a lasting solution to the conflict. In addition, the organization help in negotiating trade deals between employees and various key stakeholders within the Australian workplace so as to enforce the workplace laws. Complainants are also investigated by the organization through carrying out workplace audit on the company or industry where there is complains. Upon finding the problem or source of conflict, the organization through its trib unal enforces the penalty on the party found breaching the laws and awards the victim. The following paper, therefore, explores the role of Fair Work Ombudsman and its effectiveness in Australian system of employment relations. Fair Work Ombudsman is a body that ensures workplace compliance and advisory functions set out in the FW Act. Fair Work Ombudsman is a task of the act to investigate and workplace complains and enforces workplace laws. Fair Work Ombudsman is litigating to enforce workplace laws and workplace best practices. Fair Work Ombudsman works together with Fair Work Commission to foster good working environment within Australian workplace through arbitration and workplace laws monitoring. Roles of Fair Work Ombudsman Fair Work Ombudsman plays an important role in Australian employment and workplace. The role of Fair Work Ombudsman needs thorough consideration of the central position held within the Australian workplace. Firstly, Fair Work Ombudsman help employers, constructors and companies comply and understand Australia's workplace laws. It is the role of the organization to regulate the compliance with workplace laws. Within this role, the organization ensures that any complains especially about the compliance to workplace laws are dealt with according to the laws. The Fair Work Ombudsman tribunal offers the necessary advice to various employers within the Australian workplace. Fair Work Ombudsman monitor compliance through conducting a self-audit based on the employers checklist self-audit developed according to national workplace rules. The organization ensures national workplace rules are adhered to and workplace guidelines are fully implemented within the employment organization (NSW Ombudsman, 2004). Secondly, Fair Work Ombudsman provides information and advice to employers on matters with the workplace. FWO normally provides the workplace advice on employment laws and employment relations that may affect the terms of employment and remuneration of employees. In the provision of advice to employers, the FWO offer a single point of contact for employee and advice on labor relations in Australia. In addition, Fair Work Ombudsman help small and medium businesses implements workplace initiatives accepted practices without the bridge of workplace laws. This implies Fair Work Ombudsman ensures employees and employers have a good working relationship in a happy and productive environment (Wolgemuth, 2010). Thirdly, Fair Work Ombudsman investigates workplace complaints in the bead to help settle a dispute between employees and employers. In the event of workplace complains especially about the bridge of workplace laws, the organization investigate complains that are lodged. The organization also investigates awards and possible agreement between parties within the Australia workplace. Fair Work Ombudsman tribunal is a task to investigate and settle a dispute between parties within the workplace. The Fair Work Ombudsman tribunal provides various guidelines that assist employers and employees deal with complaints while the Fair Work Ombudsman itself acts as arbitrator. Fair Work Commission work in hand with Fair Work Ombudsman to ensure that complains are herd and settle fairly. Moreover, Fair Work Ombudsman enforces the penalty on offenders and awards those that breach workplace laws (Lam Lau, 2012). Fourthly, Fair Work Ombudsman enforces Commonwealth workplace laws through the organizations tribunal. The organization monitors the adherence to rule of laws especially those workplace laws according to Commonwealth laws. The organization also educates employers and employees on the Commonwealth laws and their importance at workplace. To do this effectively, Fair Work Ombudsman has online platform that provides guidelines and procedures for public use. Finally, the Fair Work Ombudsman promotes harmonious, productive and cooperative workplaces. The organization litigates on various laws that aims to promote the harmonious working environment. To fully carry out this role, the organization seeks to prevent people from committing workplace wrongs and litigates any workplace wrongs. Moreover, the Fair Work Ombudsman promotes productive workplace environment based on workplace laws. It also the role of Fair Work Ombudsman to create a cooperative workplace that is within the confines of workplace laws. Furthermore, Fair Work Ombudsman ensures there is a good working relationship between companies, unions and other stakeholders within the Australian workplace (Sias et al., 2011). The effectiveness of Fair Work Ombudsman There are various criteria that are used to assess the effectiveness Fair Work Ombudsman within the Australian workplace. The effectiveness of Fair Work Ombudsman is based on laws used to settle disputes, implements guidelines and policies, achievement of the organization and various activities that facilitate fair working environment. The effectiveness of Fair Work Ombudsman is based on the organizations ability to resolve disputes. As the role of Fair Work Ombudsman, the organization litigates various disputes between employers and employee. This dispute resolution determines the effectiveness Fair Work Ombudsman since its ability to resolve these conflicts based on Australian workplace laws. The organization negotiates the outcome of every conflict and assists parties to settle disputes between themselves. In addition, as an arbitrator, the Fair Work Ombudsman is effective in ensuring policies used in settling disputes and follows guidelines in settling disputes. One way the organization has been effective in carrying out formal workplace audit and investigation to reach conflict resolution. Fair Work Ombudsman offers conflict resolution based its area of jurisdiction and formulates steps used in the resolution of conflict (Administrative Review Council, 2008). Another way of assessing the effectiveness of Fair Work Ombudsman is based on the ability of the Fair Work Ombudsman to implements guidelines and policies in the workplace. The organization has various guidelines that assist the organization to work effectively. The organization has disputes resolution policies and guidelines. Fair Work Ombudsman has various policies that have been on the forefront in dispute resolution. According to Howe and Tess (2012), the organization has been effective in the utilization of police frameworks during settle of disputes between various individuals in the Australian workplace. In addition, the organization has been effective in litigation of various disputes within the workplace. The Fair Work Ombudsman has been effective in implementing guidelines and procedures in the workplace (Lee, 2005). The effectiveness of Fair Work Ombudsman is also assessed based on achievement of the organization in the Australian workplace. Firstly, the Fair Work Ombudsman has been effective in settling of disputes between employers and employees. The organization has been effective in negotiations between dispute parties within the workplace. Secondly, the organization also has been effective in monitoring the relationship between unions and various stakeholders within the Australian workplace. Moreover, Fair Work Ombudsman connects various stakeholders and Fair Work Commission in order to bring harmony in the workplace. The organization has been effective in connecting all these key players in the workplace based on workplace laws and procedures (Fair Work Ombudsman, 2018). The effectiveness of Fair Work Ombudsman is also connected to various activities that facilitate fair working environment. The organization has been on the forefront conducting campaigns activities that inform employers and stakeholders on the importance of complying with workplace laws and commonwealth laws. Campaign activities normally run nationally, regionally or state-based and the scope of the activity is based on the specific target group. In addition, the organization relies on workplace audit to conduct campaigns with major focus employers. The Fair Work Ombudsman also use company records to support its activities in the workplace and this help in organizations campaigns. Moreover, the organization effectiveness is also witnessed through campaigns conducted on media to facilitate the awareness of workplace laws and policies (Fair Work Ombudsman, 2014). Despite the effectiveness of Fair Work Ombudsman in conflict resolution and other activities, the organization also has weaknesses. Fair Work Ombudsman is sometimes facing conflict due to conflict between the organization and Fair Work Ombudsman or lack of jurisdiction for particular conflicts. For instance, conflict between Fair Work Ombudsman and Fair Work Commission that result in area of jurisdiction. This weakens the ability of the organization to arbitrate on conflict between Fair Work Ombudsman and other stakeholder within Australia workplace. Conclusion In conclusion, Fair Work Ombudsman plays an important role within the Australian workplace. Fair Work Ombudsman acts as an arbitrator that solves conflict arising at workplace between two or more parties. Some of the roles that Fair Work Ombudsman play include solving the conflict, enforcing workplace laws, advising employers and linking Fair Work Commission and various stakeholders such as unions and employees within Australia. The effectiveness of Fair Work Ombudsman is assessed based on the organization's ability to solve the conflict, implement guideline and workplace best practices, and various campaign activities aiming to create awareness on workplace laws. Reference Administrative Review Council, (May 2008). The Coercive Information-Gathering Powers of Government Agencies, Report no. 48. Commonwealth Ombudsman, Fair Work Ombudsman: Exercise of Coercive Information-Gathering Powers, Report no. 09-2010, June 2010. Fair Work Ombudsman, (2018). Effective dispute resolution: Page reference No: 2386, available at https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-guides/effective-dispute-resolution Fair Work Ombudsman, (2014). Audits and campaigns, archived from the original, available at https://web.archive.org/web/20140222103532/https://www.fairwork.gov.au/about-us/audits-and-campaigns/pages/default.aspx [Retrieved on 22 February 2014] Howe, J. Tess, H. (2012). The Use of Enforceable Undertakings as a Strategic Labour Law Compliance Strategy, Centre for Employment and Labour Relations Law, University of Melbourne (draft unpublished 2012), page 1. Lam, L.W. Lau, D.C. (2012). Feeling lonely at work: investigating the consequences of unsatisfactory workplace relationships. The International Journal of Human Resource Management, 23 (20): 42654282. Lee, H.E. (2005). Exploration of the Relationship Between Friendship at Work and Job Satisfaction: An Application of Balance Theory. Michigan: Michigan State University Department of Communication. pp.144. NSW Ombudsman, (2004). Investigating Complaints: A manual for investigators, June 2004, page 74. Sias, P.M. et al., (2011). Maintaining Workplace Friendships. Communication Research, 39 (2): 239268. Wolgemuth, L. (2010). Be Wary About Chancing a Workplace Romance. U.S. News World Report, 147 (11): 56. Victorian Ombudsman, (2007). Conflict of Interest Victorian Ombudsmans Concerns, October 2007. Independent Commission Against Corruption and Crime and Misconduct Commission, Managing Conflicts of Interest in the Public Sector: Guidelines (2004).

Monday, December 2, 2019

Mythology And Religion Essays - Anthropology Of Religion

Mythology And Religion MYTHOLOGY AND RELIGION Throughout history people have been fascinated with the subject of religion and mythology. In this paper I will define both religion and mythology, and show how mythology can be seen as a religion. First you must have some understanding and definition of religion before you can see how it relates to mythology. Webster's New Riverside Dictionary defines religion as, a. Belief in and reference for a supernatural power accepted as the creator and governor of the universe. My definition of religion would be a belief in a god as a higher or Supreme Being, and with a system of beliefs and practices. I perceive religion as a way to explain the unexplainable. Secondly you must determine what myths are and how they are created. The word myth comes from the Greek word mythos, which in turn means story, tale or fiction. Webster's New Riverside Dictionary defines a myth as, A traditional story originating in a preliterate society, dealing with supernatural beings, ancestors, or heroes that serve as primordial types in a primitive view of the world. Myths like any religion try to provide an explanation for unanswerable questions. Greek mythology should not be mistaken for fact since there is no scientific evidence of these events but should be taken as advice. This is not saying that all mythology is untrue or fictional. Like in any religion, faith is the domineering factor; for without faith religion would cease to exist. Joseph Campbell states that, The material of myth is the material of our life, the material of our body, and the material of our environment, and a living, vital mythology deals with these in terms that are appropriate to the nature of knowledge of the time (Campbell 01). Greek mythology is similar to modern religion in many ways. Like Christianity, Mythology gave meaning to everyday situations. It also formed religious bases and a social structure for which it laid the common law for people. In today's religious setting most would see the common law to live by illustrated in the Bible. Like the Greeks we build altars, temples and churches to give praise to our God. In every religion we as a society have created a hero or savior that will save the believer from great despair and tragedy. Prometheus and his battle for mankind is seen as one of the greatest Greek heroes. Though heroes do not have to be strong and mighty, they must be able to turn chaos into order. Campbell speaks of the metaphysical hero Buddha, who conquers chaos within himself to find nirvana. Buddha believed that if you could conquer the chaos inside of yourself you would find internal peace and happiness. For the Christian believer Jesus can be seen as a hero for he to conquers everyday chaos. Though twenty-four hundred years have elapsed we really have not evolved that much from the Greek era. Our world still searches for the truth and tries to discover the unknown and conquer the unimaginable. It is important to remember that without myths there would be an unexplainable void in history. Mythology is not only an explanation for the unknown but a tool that helps us better understand one another. Religion Essays

Tuesday, November 26, 2019

Z for Zachariah Essays

Z for Zachariah Essays Z for Zachariah Paper Z for Zachariah Paper The book I have been reading was called Z for Zachariah by Robert C. OBrien. The two elements that contributed to my understanding and pleasure in this novel were the structure of the novel and the power struggle the main characters had to survive. The novel was about a sixteen year old girl called Ann who kept a diary after a nuclear attack devastated the country in which she lived. In the diary Ann spoke about being the only person to survivor. This soon changed though as a man with a safe suit called Mr Loomis arrived in her valley, who was privileged enough to posses a safe suit. Ann had always hoped that someone else had survived, to help to repopulate the world but her initial joy was then replaced with the fear that he could be a murderer or he could take full control of the valley and her life. He soon fell ill, and Ann nursed him to health. However their relationship started to deteriorate and by the end Ann managed to escape from him. She had the safe suit in her possession, and was heading off to face an uncertain future. One interesting feature of the novel was that it concentrated on a tense power struggle between Ann and Loomis, and I felt great sympathy for Ann. One reason for feeling sympathy for Ann was due to the fact that the novel was written in the style of a diary. A diary is very personal and I felt that I understood Anns point of view. She wrote it in the first person I am afraid I think someone is coming. The whole novel seemed to be long extracts from her diary over around two and a half months. This period of time meant that I knew her very well and I supported her in her actions. Power struggles soon began Ann and Mr Loomis. The fights were over several things including their equipment and food, but especially about their own personal power struggles. The valley where Ann had spent all of her life became crucial in this novel. The valley was a power symbol used by both Ann and Loomis. Without the valley Ann would be dead and Mr Loomis would still be searching for safe land. As most of the valley was safe from radiation, except for a small section of the river. Crops could be grown and it was also the place where the abandoned shop and the house were located. Anns knowledge of the area was vital. This knowledge would also let her know where the best places to grow the crops were, but Ann feared losing them along with the valley, home, dog, shop and the potential mate in Loomis. She gained the chance to leave the valley with the safe suit and the chance of finding other survivors. After Loomis had lost the company of Ann and the precious suit. Mr Loomis had gained a home, his equipment and food from the shop that would last in the short term. But as he had lost Anns knowledge, he would face a lonely and difficult future. Other symbols of power that were used in the novel to great effect were the dog, the suit and the valley. Eventually the dog was used as a tool by Loomis to track down Ann. The dog thought it was a game and he was always eager to find Ann. He was following my trail again, but this time leading Mr Loomis behind him. Mr Loomis held onto this symbol of power as he kept the dog tied up beside him all of the time, which worried her and made her think Loomis was trying to trap her. The suit was the only way out of the valley and it was the only safe way to find out if there was life beyond. The suit was the only thing that could keep out radiation and it was the only one in existence. Mr Loomis also had the worlds only radiation-proof suit. Mr Loomis and Ann got on well until Ann heard him talking in his dreams about a man trying to take the safe suit from him. The suit, he said, his voice hardly above a whisper. Hell steal the suit. Ann became anxious and felt that maybe he could become a danger to her. If Edward was inside the suit when they were fired then he had certainly been killed. If he had killed someone before, he could quite easily kill again. Ann became particularly afraid one night when Mr Loomis got very aggressive and tried to force himself on her against her will. Ann had to flee back to the cave where she stayed until she was forced to leave the valley. Ultimately Ann had to give up the security of her home and the valley that had belonged to her family because she could not live with Mr Loomis. They were possibly the only two people alive and it was sad that they couldnt live together. This could have been the last chance that mankind had to repopulate the world. The novel was very enjoyable mainly due to the fact it was written in diary form and the tension that was created by the power struggle.

Saturday, November 23, 2019

Boiling Point Elevation Example Problem

Boiling Point Elevation Example Problem This example problem demonstrates how to calculate boiling point elevation caused by adding salt to water. When salt is added to water, the sodium chloride separates into sodium ions and chloride ions. The premise of boiling point elevation is that the added particles raise the temperature needed to bring water to its boiling point. The extra particles interfere with the interactions between solvent molecules (water, in this case). Boiling Point Elevation Problem 31.65 g of sodium chloride is added to 220.0 mL of water at 34  °C. How will this affect the boiling point of the water?Assume the sodium chloride completely dissociates in the water.Given: density of water at 35  °C 0.994 g/mLKb water 0.51  °C kg/molSolution:To find the temperature change elevation of a solvent by a solute, use the equation:ΔT iKbmwhereΔT Change in temperature in  °Ci van t Hoff factorKb molal boiling point elevation constant in  °C kg/molm molality of the solute in mol solute/kg solvent.Step 1 Calculate the molality of the NaClmolality (m) of NaCl moles of NaCl/kg waterFrom the periodic tableatomic mass Na 22.99atomic mass Cl 35.45moles of NaCl 31.65 g x 1 mol/(22.99 35.45)moles of NaCl 31.65 g x 1 mol/58.44 gmoles of NaCl 0.542 molkg water density x volumekg water 0.994 g/mL x 220 mL x 1 kg/1000 gkg water 0.219 kgmNaCl moles of NaCl/kg watermNaCl 0.542 mol/0.219 kgmNaCl 2.477 mol/kgStep 2 Determine the van t Hoff factorThe van t Hoff factor, i, is a constant associated with the amount of dissociation of the solute in the solvent. For substances which do not dissociate in water, such as sugar, i 1. For solutes that completely dissociate into two ions, i 2. For this example NaCl completely dissociates into the two ions, Na and Cl-. Therefore, i 2 for this example.Step 3 Find ΔTΔT iKbmΔT 2 x 0.51  °C kg/mol x 2.477 mol/kgΔT 2.53  °CAnswer:Adding 31.65 g of NaCl to 220.0 mL of water will raise the boiling point 2.53  °C. Boiling point elevation is a colligative property of matter. That is, it depends on the number of particles in a solution and not their chemical identity. Another important colligative property is freezing point depression.

Thursday, November 21, 2019

Maternal problem in Australia Essay Example | Topics and Well Written Essays - 1250 words

Maternal problem in Australia - Essay Example Only Sweden (4.6) and Italy (3.9) are ahead of Australia in maternal care (Rogers, 2010). At the same time, the Department of health Australia (2015) says that smoking, alcoholism and drug use during pregnancy is common in Australia. It should be noted that smoking, alcoholism and drug use during pregnancy would cause immense harm to the physical and mental health of the mother and the child before and after its birth even though these habits may cause fewer threats to the life of the mother. In short, even though the death rates among the pregnant mothers due to maternal problems in Australia is less, crazy behaviors during pregnancy are causing problems to the newly born children in Australia As per the views of the Australian government: Department of Foreign Affairs and Trade (2013), Australia helps and advices developing and underdeveloped countries such as Asian and African countries in saving the lives of children, mother and pregnant women. In other words, Australia is currently giving tips to save the life of mothers and infants in the developing world. In fact they have the rights to do so since maternal problems in Australia is comparatively less and Australia has developed several innovative mechanisms to counter the problems during maternal life. At the same time, Perlen et al. (2013) conducted a study in Australia and concluded that many of the pregnant women in Australia are facing physical as well as mental problems. Perlen et al found that nine per cent of pregnant women (131/1500) had clinical depression in early pregnancy. As per their findings, the most commonly occurring problems during pregnancy are: exhaustion (86.9%) followed by morning sickness (64 .3%), back pain (45.6%), constipation (43.5%) and severe headaches or migraines (29.5%) The above findings are not much surprising considering the fact that a lot of pregnant women in Australia are smokers, alcohol users and drugs users.

Tuesday, November 19, 2019

Bacterial transformation and gene expression Lab Report

Bacterial transformation and gene expression - Lab Report Example This study looks into DNA as the blueprint of our life. Life without these molecules is not possible. DNA are transcribed into RNA and translated into proteins. These proteins are important for the biochemical functions of the cell. In bacteria, apart from DNA, there is extrachromosomal DNA called as plasmids. They are double stranded DNA which forms circles with size ranging from 1 kb to 200kb (kilobase). Plasmids are very advantageous for the genetic engineering. Plasmids code for many antibiotic regions and they have the ability to accept the gene of interest. The transformation of our gene of interest into the plasmid is called recombination and the bacteria are called recombinant bacteria. Thus plasmids can be used as cloning vehicles or vectors. These plasmids are not essential for the survival of bacteria, but in some instances, for survival in the different environments, they can provide some extra advantage. The best example is the survival of the bacterial cell in the prese nce of an antibiotic drug. Antibiotic resistant bacteria like Escherichia coli are used for the transformation of the gene of interest into the host cell. Transformation and cloning are the two important genetic engineering tools used for the expression of the foreign gene of interest in the given bacterial cell. Three conditions required for the transformation are: 1) the host into which the foreign DNA is inserted, 2) a method for the insertion of the DNA into the host cell, and 3) methods to identify the transformed cells and select them.

Sunday, November 17, 2019

The Story as Told in The Adventures Of Huckleberry Finn Essay Example for Free

The Story as Told in The Adventures Of Huckleberry Finn Essay Mark Twains Legendary story of Huckleberry Finn is the tale of a young little-minded orphan boy named Huck, who is the narrator, and tells his story in which he is accompanied by a runaway slave named Jim who both embark on various mischievous adventures down the Mississippi River, Jim who is owned by Hucks care takers Ms. Watson and Widow Douglass is faced with the most challenges in the novel. Throughout the novel Huck Jim are faced with many obstacles on there adventures up and down the Mississippi River seeking the free state of Illinois, where Jims Plan is to gain his freedom and live his dream of reuniting with his wife and children whom were also sold into slavery. Eventhough the novel is touching and compelling in many ways over the last 120 years Twains novel has been attacked by various groups for being a racist novel, while others strongly believe that his novel is the greatest statement in American culture against racism. Twain began writing The Adventures of Huckleberry Finn currently after his first novel The Adventures of Tom Sawyer (1876) which wasnt as much of a controversial novel compared to his best seller. Twain later re-wrote and re-wrote Huck Finn multiple times later finishing it in December 1883. During his writings Twain had a hard time within himself towards his novel due to his character Huck helping Jim runaway to a free state and there strong bond they both shared, which Twain knew wasnt a right thing to do during his time for the fact in the eyes of the average slave owners or racist go-getters. As years passed and many different versions of Twains writings evolved from language to language but still with-held the same context as his original writings. After Twains passing, and Huckleberry Finn having a slight shed under the limelight for some of its vulgar language, and more than many racial slurs toward Jim other characters portrayed as slaves in his novel, real criticism began. Many different types of various groups regardless whether they have there share of pros and cons, on the novel shared there own opinions regarding the use of the N word being used in the novel to be dignified as if it was Jims name. Those who do not approve of Twains writings are those who see the book as a racist novel, which when reading the novel you can see many different clusters of its racism. As you continue to read the Adventures of Huckleberry Finn you tend to notice that Huck is faced with many challenges dealing with the fact Jim is a runaway slave,and Huck is giving his share as being a accomplice in his crime, and that is where many people who see the negative side of the novel try to look passed the helpings of Huck and Jims freedom and just focus on that bubble of racial slurs and the hardships for African Americans of that time who were mistreated and who died trying to live a positive life style passed the mistreatment. Thats in all of the history itself Twain lived in the era where slaves were a household appliance or necessity and in todays days its unethical to own a slave, which many Americans today will all agree on. Many issues the groups who withheld opposition of Twains writings in our decade are trying to shed light on the fact that this novel is being taught in schools all across America, and the use of the racial slurs once again should be censored throughout the novel. Yet once you re-arrange a book to have the slightest bit of change, you create a gap or some type of a road block where you miss the true meanings Twain is trying to approach to his audience, to feel the feelings Jim and Huck felt on there voyage across the Mississippi, and thats when other groups who approve of the message Twain is trying to achieve in his purpose feel as if this is one of the novels in American History that cultivates one of the greatest statements of the true meaning on unity, faith, and the growth of a boy becoming a man all within a time where racism was a huge whirlwind of negativity. Choosing a side to say weather Twains novel is a racist book, or one of the greatest statements in American culture against racism. I would have to choose that, Twain was always giving a positive outlook when writing this story,due to many helpings between the friendship of Huck Jim. Regardless if it was Jim helping Huck or Huck Helping Jim it was an integrated friendship that would of not have been accepted in the society of the late 1800s when racism wasnt at its peak as it would be 50-80 years later in the time of the Civil Rights Movement. Some can and will always argue with the vulgarity scripted page by page in the story but that is what makes it such an interesting story, Twain wanted his reader to experience the feelings he captivated within each character and how hard it really was in his decade for two unlike pairs to help eachother gain more than moral values in life and to take chances in doing whats right than whats expected. Seeing passed the racism issues various groups attack Twains writings on, he tries to give a self point-of-view on what unity should really be like, such as Huck helping Jim be free than later throughout chapters recover Jim from a slave auction where he was forced to stay when the King and the Duke turned him in for ransom. Regardless of his skin color and the crime he committed Huck knew what was right from wrong and did the unexpected and helped out a colored man , at the time where it was not excepted to do so in that specific time frame in American History. You can say the novel shares its negatives and its positives on the opinions of racism, yet many can share there own opinions within eachother when reading the book. Mark Twain had every bit of intention to make his book have many controversies in his present and our future. People need to see the true meanings of Twains work past all of the negativity and a real autobiographical look at his point of view on racism itself, he had every reason for Huck and Jim to be best buddies in his novel because at that time he knew what was right from wrong. So people can his story is wrapped around tightly with words or racism some can say its simply work of great meanings but as I would say its a story of unity of two unlike pairs to be united as one into helping eachother find themselves and the true meaning of life, and becoming there own men, In Conclusion Mark Twains Legendary story of Huckleberry Finn the tale of the young little-minded orphan boy Huck, and a runaway slave Jim who both embarked on a mischievous adventure down the Mississippi River, and faced with many challenges seeking the free state of Illinois. Was really a tale of two unlike cultures coming together and helping one another no matter what color you are friendship is stronger than a racial barrier, eventhough the last 120 years the book has been attacked by various groups for being a racist novel, while others strongly believe that it is the greatest statement in American culture against racism. I strongly believe it is definitely the greatest statement in American culture against racism. Word Count:1266

Thursday, November 14, 2019

Media’s Role In Body Images Essay -- Media Advertisements Advertising

Media’s Role In Body Images Authors can effectively get their point across by using different rhetorical techniques. In the two articles that I will examine, the authors mainly used a pathos appeal. Authors use pathos to get a social and emotional application across to the reader. Another rhetorical technique that is used by many authors is ethos. Ethos is a technique that can be used by an author saying that since they are perhaps a doctor or may have belonged to a certain organization for a long time, then they know more about a topic than somebody who may not have had the same moral values or interests. Logos, or the logic that the reader may conclude from the author, is an additional rhetorical technique that is commonly used by authors. These three appeals are the best way for an author to get his point of view across to the reader. Authors that are writing about the same topic might not use the same appeals, nor may they use identical appeals in the same way. Consequently, Colleen Thompso n author of Society and Eating Disorders and David Butler author of Slim Pickings are both getting the idea that society and the media play a role in the behavior of how people feel about their bodies, but they use different appeals to get their points across. The two articles, written by Thompson and Butler, deal with the issue of how people, especially females, deal with the media’s role concerning weight issues. As the year 2000 rolled in, actresses’ and models’ body weight decreased, and their waiflike bodies became more noticeable in the public’s eyes. Many little girls grow up idealizing the people in the public eye, giving them the idea that they must look a certain way, which is not a healthy way.... ...ns where you can find out about weight loss & fitness. Thompson has links that can help out people. She has a bunch of icons to click on; for example, if you want to know signs of problems you can click on signs, or if you want to get help you can click on either getting help or therapists. Even though Thompson’s article is less appealing to the eye, she has more icons that can help someone better understand problems that are associated with media and weight loss. Butler and Thompson’s article’s are very informative, and help people to better understand the problem’s people are faced with today. Even though both authors use different techniques to get the reader to better understand how they feel about their topic, the reader can learn from both papers. I feel that these two authors used very good techniques, and they are both respectable papers.

Tuesday, November 12, 2019

Brief Analysis Report of Rio Tinto

Brief analysis report of Rio Tinto Rio Tinto is a British multinational metals and mining corporation with headquarters in London and a management office in Melbourne, Australia. The corporation was founded in 1873 and it ranked at the number 263 in Global 500 of largest worldwide companies in 2008. (Wikipedia, 2012) Rio Tinto’s net earning has decreased in the year 2011 mainly because of the financial crisis and global economic uncertainty (Annual report of Rio Tinto, 2011). Meanwhile, the leadership claimed that they believe the long-term outlook is strong. Figure 1: Key Financial Data of Rio Tinto (from 2010 and 2011) YearItem | 2010 / US$ million| 2011 / US$ million| Net profit before tax| 20,491| 13,214| Net profit after tax| 15,098| 6,765| Total comprehensive income| 16,492| 4,365| Sales| 55,171| 60,537| Total assets| 112,773| 119,545| Current assets| 21,459| 21,898| Current liabilities| 12,876| 14,966| Cash flow from operating activities| 23,530| 27,388| (Annual report of Rio Tinto, 2011) According to figure 1 the net profit margin of Rio Tinto in the year 2010 fell from27. 4% to 11. 2% in the year 2011. (net profit margin is equal to net profit after tax divided by sales revenue) The profit rate to net worth of this company in the year is 5. %. (profit rate to net worth is net profit after tax divided by average total assets) The investors should use comprehensive income figure rather than net profit because comprehensive income includes all changes in equity during a period. (comprehensive income is equal to net profit plus other comprehensive income) The operating cash flow increased by $US3,858 million from $US23,530 million in the year 2010 to $US27,388 million in the year 2011 meanwhile, the sales raised by $US5,366 million from $US55,171 millionin the year 2010 to 60,537 million US$ in the year 2011.This matter of fact indicates Rio Tinto expended $US1,580 million on operating the company. The current assets increased smoothly from $US21,45 9 million in the year 2010 to $US21,898 million in the year 2011. At the same period the current liabilities raised up dramatically from $US12,876 million in the year 2010 to $US14,966 million in the year 2011. This data shows the company did not work well in this period. (Figure 1) Rio Tinto will cutting office jobs in Melbourne and Sydney in Australia and the board of the company will cut support and service costs by 10 per cent around the world (Greg, 2012).Because they said they need to build resilience and controlling costs during a difficult time, which includes product price decreases and Europe’s debt crisis (Greg, 2012). Greg’s report (2012) also showed that the Rio Tinto’s first half net profit dropped dramatically to $US4. 9 billion ($A4. 69 billion) from $US7. 78 billion ($A7. 44 billion) last year. Not only Rio Tinto’s earnings has dropped but BHP Billiton’s earnings are forecast to drop at the same time the world’s biggest iron ore miner Vale also posted lower than expected second quarter earnings at two year lows(Greg,2012).In the group statement of financial position the goodwill of Rio Tinto has dropped almost half of that in the year 2010 which is from $US15,316 million to $US8,187 million(Annual report of Rio Tinto, 2011). This matter of fact indicates that the company Rio Tinto appears to be done not well. The inventories of this company increase by $US551 million from $US4,756 million in the year 2010 to $US5,307 million in the year 2011(Annual report of Rio Tinto, 2011). The inventories rise up means the product of Rio Tinto cannot be sold mainly because the economy is uncertain and the demand of the ore is weak.The current and non-current liabilities all raise heavily and the net assets decreases from $US64,512 million in the year 2010 to $US59,208 million in the year 2011(Annual report of Rio Tinto, 2011). The liabilities rise up means the Rio Tinto tried to borrow money to pass the difficult ti me which lasting time is still uncertain. The net profit of Rio Tinto and other mining company decrease mainly because the commodity prices drop seriously. Commodity prices are formed by the interaction of global economic growth and costs of expanding supply of ommodities (Garnaut,n. d). According to Gurnaut’s article ‘the contemporary China resources boom’ China have been the main reason of high energy and metals prices since the year 2003. The article also claimed that Chinese growth has been the consequence of high investment rates and rapid increases in fringe population and the export share of production. The author believed that developing countries like China and India will still keep the commodity prices of ore in high level.In brief, although the financial and operating situation of the Rio Tinto is not well, the future of Rio Tinto will still be great because the demand of developing will be strong. Hence, it will be a good choice to invest Rio Tinto. R eference list Garnaut, R 2012, ‘The contemporary China resources boom’, The Australian Journal of Agricultural and Resource Economics, vol. 56, no. 2, pp. 222–243 Rio Tinto Ltd, 2011, Annual Report viewed 5 August 2012 http://www. riotinto. com/annualreport2011/pdf/rio_tinto_2011_annual_report. pdf Wikipedia2012, Rio Tinto Group, viewed 26 October 2012, < http://de. wikipedia. org/wiki/Rio_Tinto_Group>

Sunday, November 10, 2019

Confessions of an Application Reader Essay

A HIGHLY qualified student, with a 3. 95 unweighted grade point average and 2300 on the SAT, was not among the top-ranked engineering applicants to the University of California, Berkeley. He had perfect 800s on his subject tests in math and chemistry, a score of 5 on five Advanced Placement exams, musical talent and, in one of two personal statements, had written a loving tribute to his parents, who had emigrated from India. Enlarge This Image Brian Cronin for The New York Times Related Go to Education Life  » Enlarge This Image Peg Skorpinski Sather Gate, a literal and symbolic portal on Berkeley’s campus. Readers’ Comments Readers shared their thoughts on this article. Read All Comments (250)  » Why was he not top-ranked by the â€Å"world’s premier public university,† as Berkeley calls itself? Perhaps others had perfect grades and scores? They did indeed. Were they ranked higher? Not necessarily. What kind of student was ranked higher? Every case is different. The reason our budding engineer was a 2 on a 1-to-5 scale (1 being highest) has to do with Berkeley’s holistic, or comprehensive, review, an admissions policy adopted by most selective colleges and universities. In holistic review, institutions look beyond grades and scores to determine academic potential, drive and leadership abilities. Apparently, our Indian-American student needed more extracurricular activities and engineering awards to be ranked a 1. Now consider a second engineering applicant, a Mexican-American student with a moving, well-written essay but a 3. 4 G. P. A. and SATs below 1800. His school offered no A. P. He competed in track when not at his after-school job, working the fields with his parents. His score? 2. 5. Both students were among â€Å"typical† applicants used as norms to train application readers like myself. And their different credentials yet remarkably close rankings illustrate the challenges, the ambiguities and the agenda of admissions at a major public research university in a post-affirmative-action world. WHILE teaching ethics at the University of San Francisco, I signed on as an â€Å"external reader† at Berkeley for the fall 2011 admissions cycle. I was one of about 70 outside readers — some high school counselors, some private admissions consultants — who helped rank the nearly 53,000 applications that year, giving each about eight minutes of attention. An applicant scoring a 4 or 5 was probably going to be disappointed; a 3 might be deferred to a January entry; students with a 1, 2 or 2. 5 went to the top of the pile, but that didn’t mean they were in. Berkeley might accept 21 percent of freshman applicants over all but only 12 percent in engineering. My job was to help sort the pool. We were to assess each piece of information — grades, courses, standardized test scores, activities, leadership potential and character — in an additive fashion, looking for ways to advance the student to the next level, as opposed to counting any factor as a negative. External readers are only the first read. Every one of our applications was scored by an experienced lead reader before being passed on to an inner committee of admissions officers for the selection phase. My new position required two days of intensive training at the Berkeley Alumni House as well as eight three-hour norming sessions. There, we practiced ranking under the supervision of lead readers and admissions officers to ensure our decisions conformed to the criteria outlined by the admissions office, with the intent of giving applicants as close to equal treatment as possible. The process, however, turned out very differently. In principle, a broader examination of candidates is a great idea; some might say it is an ethical imperative to look at the â€Å"bigger picture† of an applicant’s life, as our mission was described. Considering the bigger picture has aided Berkeley’s pursuit of diversity after Proposition 209, which in 1996 amended California’s constitution to prohibit consideration of race, ethnicity or gender in admissions to public institutions. In Fisher v.  the University of Texas, the Supreme Court, too, endorsed race-neutral processes aimed at promoting educational diversity and, on throwing the case back to lower courts, challenged public institutions to justify race as a factor in the holistic process. In practice, holistic admissions raises many questions about who gets selected, how and why. I could see the fundamental unevenness in this process both in the norming Webinars and when alone in a dark room at home with my Berkeley-issued netbook, reading assigned applications away from enormously curious family members. First and foremost, the process is confusingly subjective, despite all the objective criteria I was trained to examine. In norming sessions, I remember how lead readers would raise a candidate’s ranking because he or she â€Å"helped build the class. † I never quite grasped how to build a class of freshmen from California — the priority, it was explained in the first day’s pep talk — while seeming to prize the high-paying out-of-state students who are so attractive during times of a growing budget gap. (A special team handled international applications. ) In one norming session, puzzled readers questioned why a student who resembled a throng of applicants and had only a 3. 5 G. P. A. should rank so highly. Could it be because he was a nonresident and had wealthy parents? (He had taken one of the expensive volunteer trips to Africa that we were told should not impress us. ) Income, an optional item on the application, would appear on the very first screen we saw, along with applicant name, address and family information. We also saw the high school’s state performance ranking. All this can be revealing. Admissions officials were careful not to mention gender, ethnicity and race during our training sessions. Norming examples were our guide. Privately, I asked an officer point-blank: â€Å"What are we doing about race? † She nodded sympathetically at my confusion but warned that it would be illegal to consider: we’re looking at — again, that phrase — the â€Å"bigger picture† of the applicant’s life. After the next training session, when I asked about an Asian student who I thought was a 2 but had only received a 3, the officer noted: â€Å"Oh, you’ll get a lot of them. † She said the same when I asked why a low-income student with top grades and scores, and who had served in the Israeli army, was a 3. Which them? I had wondered. Did she mean I’d see a lot of 4. 0 G. P. A. ’s, or a lot of applicants whose bigger picture would fail to advance them, or a lot of Jewish and Asian applicants (Berkeley is 43 percent Asian, 11 percent Latino and 3 percent black)? The idea behind multiple readers is to prevent any single reader from making an outlier decision. And some of the rankings I gave actual applicants were overturned up the reading hierarchy. I received an e-mail from the assistant director suggesting I was not with the program: â€Å"You’ve got 15 outlier, which is quite a lot. Mainly you gave 4’s and the final scores were 2’s and 2. 5’s. † As I continued reading, I should keep an eye on the â€Å"percentile report on the e-viewer† and adjust my rankings accordingly. In a second e-mail, I was told I needed more 1’s and referrals. A referral is a flag that a student’s grades and scores do not make the cut but the application merits a special read because of â€Å"stressors† — socioeconomic disadvantages that admissions offices can use to increase diversity. Officially, like all readers, I was to exclude minority background from my consideration. I was simply to notice whether the student came from a non-English-speaking household. I was not told what to do with this information — except that it may be a stressor if the personal statement revealed the student was having trouble adjusting to coursework in English. In such a case, I could refer the applicant for a special read. Why did I hear so many times from the assistant director? I think I got lost in the unspoken directives. Some things can’t be spelled out, but they have to be known. Application readers must simply pick it up by osmosis, so that the process of detecting objective factors of disadvantage becomes tricky. It’s an extreme version of the American non-conversation about race. I scoured applications for stressors. To better understand stressors, I was trained to look for the â€Å"helpful† personal statement that elevates a candidate. Here I encountered through-the-looking-glass moments: an inspiring account of achievements may be less â€Å"helpful† than a report of the hardships that prevented the student from achieving better grades, test scores and honors. Should I value consistent excellence or better results at the end of a personal struggle? I applied both, depending on race. An underrepresented minority could be the phoenix, I decided. We were not to hold a lack of Advanced Placement courses against applicants. Highest attention was to be paid to the unweighted G. P. A. , as schools in low-income neighborhoods may not offer A. P. courses, which are given more weight in G. P. A. calculation. Yet readers also want to know if a student has taken challenging courses, and will consider A. P. ’s along with key college-prep subjects, known as a-g courses, required by the U. C. system. Even such objective information was open to interpretation. During training Webinars, we argued over transcripts. I scribbled this exchange in my notes: A reader ranks an applicant low because she sees an â€Å"overcount† in the student’s a-g courses. She thinks the courses were miscounted or perhaps counted higher than they should have been. Another reader sees an undercount and charges the first reader with â€Å"trying to cut this girl down. † The lead reader corrects: â€Å"We’re not here to cut down a student. † We’re here to find factors that advance the student to a higher ranking. Another reader thinks the student is â€Å"good† but we have so many of â€Å"these kids. † She doesn’t see any leadership beyond the student’s own projects. Listening to these conversations, I had to wonder exactly how elite institutions define leadership. I was supposed to find this major criterion holistically in the application. Some students took leadership courses. Most often, it was demonstrated in extracurricular activities.

Thursday, November 7, 2019

Chinas Population Problem essays

China's Population Problem essays The Chinese government has taken the enforcement of family planning and birthrate laws to an extreme by violating the civil rights of its citizens, which has had bad effects on the morale of its people (Whyte 161). China's population has grown to such an enormous size that it has become a problem to both the people and government. China, the most populous country in the world, has an estimated population of about one thousand-one hundred-thirty three point six million (Hsu 1). Ninety-four percent of the population thrives in the eastern half of China, which composes about forty-three percent of China's total area (Hsu 1). The eastern half of China contains its most populous cities like Beijing, Shanghai, and Tianjin. However these cities have a low fertility rate due to recent bandwagons of birth control. The average density in the eastern half of China averages around two-hundred and thirty-six people per square kilometer, whereas the density in the west half averages around ten poi nt six people per square kilometer (Hsu 1). Current enforcement of Chinese laws prevents migration between provinces without proper authorization, as the citizens in the west half of China have a desire to live in a more urban life where jobs can be found easier, and the citizens in the more populous eastern half have a stronger desire to live in the more rural western China (Hsu 4). The Chinese have always had a large population (Hsu 1). Even in ancient times where the population would never fall below sixty million (Hsu 1). Later, in the eighteenth century the population rose exceedingly and China became the strongest and most economically wealthy (Hsu 1). By the time the Qing Dynasty ruled, the fertile people of China had reached a population of three-hundred million (Hsu 1). The birthrate in China did decline in the nineteen-fifties due to campaigning by the government on birth control (Hsu 1). However, after the population decreased the government t...

Tuesday, November 5, 2019

How to Prepare with GED Classes Online

How to Prepare with GED Classes Online Basics of Preparing with GED Classes Online: If you want to increase your eligibility for jobs and college entrance, consider preparing for the GED online. Many GED classes online offer exam guide books, practice tests, and other material to help students study for the GED. Can I Take the GED Online?: No. It is important to remember that the GED exam cannot be taken through the internet. Although you may prepare for the GED online, you will need to go to a physical testing center to take the actual exam and earn your certificate. Websites that tell you otherwise are scams. Preparing for the GED Online via the American Council on Education: The American Council on Education facilitates the GED exam. Check out their website for GED online study material including the official practice test and sample questions. The website also lists your local testing center. Preparing for the GED Online with Regional Resources: Many adult education resource centers offer students a way to study for the GED online. They may offer you access to virtual video instruction or help you prepare for the GED online with practice programs. Because these centers are designed to help local students, you’ll need to find one in your area. Preparing for the GED Online with Other Websites: When choosing material to help you study for the GED online, avoid websites that promise to send you a GED without the need for testing.Some reputable GED online practice sites include GEDforFree.com and GED Academy.

Sunday, November 3, 2019

Designing a balance scorecard for the american university in the Essay - 1

Designing a balance scorecard for the american university in the emirates - Essay Example An American University aims to open an affiliate in the United Arab Emirates. However, in order to ensure effective establishment and development of this University, the management needs to develop a comprehensive strategic framework such as Balanced Scorecard. However, there is limited knowledge and understanding of how to apply this framework to educational sector as Balanced scorecard model is mainly applied in commercial sector (Karathanos & Karathanos, 2005). The objective of this paper is to provide an overview of how the framework of a balanced scorecard can be applied to the education sector. Based on the research findings it will be possible to design a balanced scorecard for educational institutions at University level. Furthermore, this paper aims to develop some recommendations in relation to the American University in the United Arab Emirates. The Balanced Scorecard (BSC) is a framework used for tracking and measuring performance. Robert Kaplan and David Norton have introduced the BSC in the early 1990s as a new way for organisations to measure their performance in a comprehensive and integral way. Before, organisations relied only on financial indicators in order to monitor their achievements (Bakhtiari, et al. 2012). However, Kaplan and Norton have expanded this approach, offering a more balanced system. This system is comprised of four major perspectives: financial perspective, customer perspective, internal processes perspective, and learning and growth perspective (Bakhtiari, et al. 2014). All these perspectives have causal relationship among performance indicators and performance measures should be linked to the results (Sudirmann, 2012). The financial perspective is viewed to be the primary perspective of any commercial activity. The primary goal of any commercial activity is to generate revenue and create wealth for its shareholders. The companies set financial goals and develop strategies how to achieve

Friday, November 1, 2019

Topic Critique Essay Example | Topics and Well Written Essays - 500 words

Topic Critique - Essay Example t "to the extent that an individual can learn to perform some mental skills without conscious attention, the conscious part of the brain is freed to attend to other mental activities, thus enlarging its cognitive scope (Dickinson). For example, a person who is interested in music will learn the lyrics and tunes of a song easily without giving much conscious attention to learn it. On the other hand, same person may struggle to learn mathematics in the absence of interest, even if he performs some conscious efforts. From the above examples it is clear that certain brain activities are controlling the learning capabilities of a person unknowingly. Herman Epstein suggested that periods of rapid brain growth are the times for intellectually challenging curriculum, and that plateau periods, such as in adolescence, are the times for more concrete, experiential learning rather than pushing students too soon into abstract thinking (Dickinson) The analysing powers of a person varies differently during his life span. Alcohol or drug usages may not be considered as a sin by some youths. But the same youths may regret for their activities after ten or fifteen years. In other words, same thing may be perceived differently by the same person during different stages of his life because of differences in brain activities at different periods. Music is an entity which can control and comfort the brain activities. Even distressed persons will get a soothing effect when they hear music. A calm and peaceful mind is essential for proper learning. A learner’s mind will always be under tension because of some external parameters which may have nothing to do with learning. Music can eliminate all such negative parameters of learning and can keep the learner’s mind fully focussed on the learning activity alone. All the people hate noise, but most of them like music because of its smooth rhythm and feeling it create. â€Å"The intentional use of music in the classroom will set the scene

Tuesday, October 29, 2019

Legal Environment for Global Organizations Essay

Legal Environment for Global Organizations - Essay Example Global organizations like WTO, IMF, World Bank, UN, and WHO which must not be treated as 'insignificant actors' in the global arena due mainly to the functions they are embodied with. An understanding of the link between global organizations and global governance would push one to see this importance. As the world turns into a globalized competitive market in which nations interact according to the principles of economic liberalism, a requirement for more order is ensued. The importance of understanding the legal environment for global organizations is seen in their roles as instrument, arena, and actor in the global interaction (Archer, 2001). An example of this is the WTO, which was established by sovereign states whose power limits independent action by international organizations. Global organizations are actually used as instruments in order for states to use their ends, particularly on the areas of trade liberalism which profits first world states primarily. They serve as means for the policies of individual governments as well as instruments for diplomacy among states. The United Nations is seen to function as an instrument of US diplomacy which undertakes policies according in the global sphere. It is the rule of unanimity which is apparently carried out by global organizations, in which certain states are able to influence other states over certain decisions. As arenas within which actions take place, global organizations provide meeting places in which member states can discuss certain matters diplomatically. The term itself - arena - signifies neutrality even for nations in disagreement. Hence, international organizations serve not only as mere forums for these activities, but also as a diplomatic reinforcement for their policies (Hoffman, 1970 in Archer, 2001: 74). Even the third world states are given their own venues for discussing international economic events, through the UN Conference on Trade and Development (UNCTAD) as well as the Group of 77 (G77) participated in by states in Southern continents of non-aligned countries (Archer, 2001). Legal environment is a necessity for global organizations since it gives them the venue and the power to govern the world politically and economically, surged by the very nations that represent them. The World Bank for example, is represented by first world nations particularly by the United States, whose legal policies govern the financial activities of poorer nations that have incurred financial debts with them. DISCUSS other legal influences which can affect business in a specified country. CONSIDER other cultural, religious, and political influences - how might these influence the business environment Legal influences which can affect business in a specified country include the policies on trade liberalization and non-tariffication which can affect the level of balance of trade and the domestic sales of goods. With a liberal importation allowed by the policies of WTO, which almost defeat the level of exports in a certain country, a probability of trade deficit is imminently seen, which may cause fiscal crisis for that particular country (Pereira, et al., 1993: 6). Non-tariffication of goods for importation, which is also embodied in the WTO, causes bankruptcy of the sale of domestic products, which have higher prices than the imported ones. In countries in which colonial mentality

Sunday, October 27, 2019

Garden Path Model And The Constraint Based Model

Garden Path Model And The Constraint Based Model Theories into sentence processing can be viewed from two main accounts; a modular account or an interactive account. Garden path model proposed by Fraizer and Rayner (1982) supports the modular account, arguing sentence processing involves the analysis of each individual unit or module of a sentence, with little or no feedback, thus inhibiting correction. Whereas an interactive account supported by the constraint based theory, (McDonald, 1994) argues sentence processing involves immediate incorporation of all available information in creation of the final output. This essay will explore principles of both Garden Path Model and Constraint Based Theory of sentence processing, highlighting their similarities and differences as well as major strengths and weaknesses associated with both models. This essay will continuously compare and contrast both models on issues such as; minimal attachment and late closure, reanalysis, sentence length, contextual properties, working memory capacities and evidence from event related potentials in an attempt to answer the question in focus. The Garden path model proposed by Frazier and Rayner (1982), argues readers only consider initially one syntactic structure for any given sentence and meaning is not involved in the selection of preliminary syntactical meaning. Thus, readers and listeners can be misled by ambiguous sentences (i.e. garden path sentences). Whereas Constraint based theory proposed by MacDonald (1994), argues all relevant information is available immediately to the parser during reading and listening. The incoming information is analysed and all possible constraints or outputs are activated and ranked according to the strength of the subsequent activation. The syntactic structure receiving the most support from the constraints will be highly activated and thus chosen. In essence, activated constraints are in competition with one another and when two constraints are equally activated ambiguity arise. These two theories propose conflicting, basic ideologies; Garden Path model argues only one syntactic stru cture is initially considered and meaning is not involved in selection of syntactic meaning, whereas, constraint based theory argues all relevant information is used and several syntactical meanings are initially considered before the most appropriate is selected. Frazier and Rayners Garden Path Model proposes that listeners and readers chose the simplest syntactical structure by implementing two general principles; minimal attachment and late closure. The principle of minimal attachment states the grammatical structure producing the fewest nodes is preferred. Rayner and Pollatsek (1989) provided partial experimental support for minimal attachment. They used the sentences; The girl knew the answer by heart and The girl knew the answer was wrong. Rayner and Pollatsek observed the principle of minimal attachment led to a grammatical structure in which the answer is regarded as the direct object of the verb knew, this is appropriate for the first sentence but leads to ambiguity in the second sentence. Therefore it can be argued the principle of minimal attachment may not work for all sentences, highlighting a weakness. Altmann et al (1998), argue all possible meanings of a sentence are considered during, and at the end of a sentence and principle s of minimal attachment are inadequate in sentence processing, thus supporting the constraint based theory. Frazier and Rayner (1982) argue minimal attachment and late closer attempt to reduce pressure on working memory during sentence processing, making it less economically taxing, a strength of this theory. They recorded participants eye movements whist they read sentences like; since Jay always jogs a mile seems like a short distance. If readers construct both or all possible syntactic structures, there should be additional processing time at the point of disambiguation. Eye movement data provided support for the predictions of the garden path model. These finding are in opposition with the Constraint based theory that argues several constraints are activated before the output is chosen, thus making this method of sentence processing more taxing than the Garden Path model in which no interpretation is considered until the end of sentences (Clifton, 1993). Fodor and Inoue (2000) a rgue the parser works on the method of minimal processing and will do the minimum amount of analysis possible, supporting the Garden Path Model. Minimal attachment is argued to be universal to all languages (Frazier and Rayner (1982). However several studies contradict this argument. Cueto and Mitchell (1988), Carreiras and Clifton (1993, 1999) and Traxler et al (1998) found a low attachment preference within the English language but found a high attachment preference within the Spanish language. Thus meaning minimal attachment would not be applicable in the Spanish language. Thus conflicting the assumptions of the Garden Path Model. Mitchell et al (1995) argued attachment preferences may be different between languages due to the fact that in some languages, high relative clause attachment is most frequent, whereas in other languages such as English, low clause attachment is most frequent. As a result of these findings, cross-linguistic differences in clause attachments present a pr oblem for the Garden Path Model as the principles of minimal attachment and late closure assume a universal preference for low attachment. Highlighting a weakness The principle of late closer proposes new words encountered in sentences are attached to the current phrase or clause if grammatically permissible. This principle conflicts assumptions of the constraint based theory as meaning is assigned as new words are attached rather than when all information is available. Alternatively supporting the Constraint based theory Carreiras and Clifton (1993) provided evidence that readers do not follow the principle of late closure. They presented participants with sentences such as The spy that shot the daughter of the colonel who was standing on the balcony. According to late closure, readers or listeners should perceive this sentence as meaning the colonel, rather than the daughter, was standing on the balcony, however this was not observed. Principles of minimal attachment and late closure within the garden path model determine peoples initial analysis of sentences, however if initial analysis is inconsistent due to ambiguous sentences, a process of reanalysis must occur (Frazier and Rayner 1982). Reanalysis occurs when initial analysis is inconsistent with later information encountered. According to VanGompel and Pickering (1999) within the constraint based theory all possible analyses are activated with most appropriate being selected, thus meaning reanalysis does not take place. According to MacDonalds (1994) constraint based theory, processing difficulty only arises when two or more constraints have approximately equal activation resulting in competition. Constraints at the beginning of the sentence strongly activate one analysis but, disambiguating information encountered later on activates an alternative analysis, both possible analyses having equal activation competition results. This disambiguating information i ncreases time taken for the incorrect analysis to be inhibited and results in processing difficulties, a weakness of this theory. Ferreira and Henderson (1991) argued the further the head noun is from the point of disambiguation, the stronger readers or listeners will commit to a thematic analysis, thus making reanalysis more difficult. Another conflicting argument to Frazier and Rayners reanalysis principle was put forward by Sturt et al (2002) who showed that during reanalysis, attachment to a recent phrase is preferred to attachment to a more distant phrase, arguing reanalysis and reattachment of more distant phrases are more costly. However reanalysis does not always occur when disambiguation is encountered, highlighting a weakness of this theory. Christianson et al (2001) argued people do not always successfully discard their initial analysis after syntactic disambiguation is experienced, which is in contrast to most models of reanalysis and the garden path model. Participants read the sentence; while Anna dressed the baby that was small and cute spit up on the bed. Participants correctly identified who spat up on the bed, suggesting they had correctly analysed the baby as the subject of spit up. When asked if Anna dressed the baby, most participants answered yes. This finding led Christianson et al to conclude that readers adopted the baby as the subject, whilst maintaining the incorrect analysis where the baby was the object of the preceding verb dressed. Findings from this study provide arguments in contray to principles of successful reanalysis. Sentence length can have an influence in the process of reanalysis, but it has also been argued that sentence length can have an effect on overall initial processing of sentences prior to any reanalysis. Ferreira, Christianson and Hollingworth (2001) argued longer phrases are harder to process and using minimal attachment more errors are likely to be made, showing a weakness of this theory. It has been found that disfluencies (including filled and silent pauses) lengthen sentences and make them harder to process. Bailey and Ferreira (2003) investigated the effects of sentence disfluencies, observing that disfluencies allowed parsers to linger on the initial parse and commit to an incorrect interpretation via minimal attachment and late closer, indicating a weakness of this theory. Christianson et al (2001) support this argument, concluding; the longer a parser lingers on an incorrect parse, the more likely they are to maintain an incorrect interpretation. Maxfield, Lyon and Silliman (2009) investigated the effects of disfluencies on garden path processing. They found disfluencies resulted in more incorrect interpretations, suggesting sentence processing is not an all or none process, therefore discrediting the constraint based theory. Effective contextual properties have been found to provide supportive evidence for the constraint based theory. Spivey et al (2002) looked at eye movements in response to auditory garden path sentences within the context of visual arrays. They asked participants to put the apple on the towel in the box. They recorded participants eye movements to assess how the sentence was interpreted. According to the garden path model on the towel should initially be understood as the place where the apple should be put because it is the simplest syntactical structure. In the absence of visual context this is what was found. When the visual context consisted of two apples, one on a towel and the other on a napkin, participants rapidly interpreted on the towel as a way of identifying which apple was to be moved. Results show that visual contexts reduce ambiguity and prevent garden path effects. Event related potentials (ERP) have provided influential evidence in sentence processing. ERPs measure brain responses as the direct result of thought or perception. Osterhout and Nicol (1999) established an ERP of N400 following perception of semantic anomalies. Osterhout and Nicol (1999) found a syntactic anomaly produced an ERP of P600, As syntactic analysis only is involved in the garden path model, observing an ERP of P600 would indicate this model of processing. Osterhout, Holcomb and Swinney (1994) suggested that P600 is the marker of a garden path effect. However Maxfield, Lyon and Silliman (2009) found that fluent garden path sentences resulted in P600 but garden path sentence containing a filled or silent pause activated an ERP of N400, this would suggest that these sentences are perceived as having a semantic anomaly which would discredit the garden path model of processing which claims semantic analysis is not involved in initial sentence analysis. P600 has been hypothesi sed to indicate memory updating and processes of reanalysis (Friederia 2001 and Frisch et al 2002), therefore being unique to the garden path model. Osterhout and Nicol (1999) have found a sentence containing both semantic and syntactic violations activate an ERP of both N400 and P600, suggesting semantic and syntactic processing work independently, supporting the garden path model rather than the constraint based theory. In conclusion the garden path model and the constraint based theory of sentence processing argue fairly conflicting ideologies, thus making these models very different. The garden path model argues the principles of minimal attachment and late closure, which is in contrast to the constraint based theory. The constraint based theory argues all possible interpretations of sentences are activated with the most appropriate being selected, arguing the absence of reanalysis; again this is in contrast to the garden path model. The garden path model only initially considers syntactical information whereas constraint based theory considers all available information but is very taxing on working memory. Both models have been shown to have many strengths and weaknesses. In relation to the title question it has been shown that both models offer reasonably contrasting arguments of sentence processing and no sole conclusive model of sentence processing has yet been established. 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VanGompel, R and Pickering, M. ( ) Syntactic Parsing. In Gaskell, G. The Oxford Handbook of Psycholinguistics. (pp 289-307). Oxford: University Press. VanGompel (2006) In Gaskell, G. The Oxford Handbook of Psycholinguistics. (pp 292). Oxford: University Press. Van Gompel, Sentenct Processing, in Brown et al (2006), Encyclopedia of Language and Linguistics. (second edition) Oxford: Elsevier.