Johnson Beverage Inc Essay

As president and primary owner of Johnson Beverage, Inc. (JBI), Jack Johnson was beginning to realize that retaining long-term customers was becoming a challenge. During a delivery run yesterday, driver Joe Stevens had noticed a competitor’s sales manager talking with the general manager of Saver Superstore, one of JBI’s largest customers. Then, that morning, Johnson’s sales manager, Marsha Ketchum, had mentioned that, during her visit with the same general manager on Wednesday, he was starting to make some noises about wanting to negotiate a lower price. This could cause a dilemma because this customer had been one of the company’s largest and most loyal customers for years. Johnson leaned back in his chair. These things always seemed to come up on Friday— just in time to monopolize his thoughts over what otherwise would have been a restful weekend. Deciding to address the situation head on, he scheduled a meeting with Stevens, Ketchum, and several others for later that afternoon. Company Background JBI distributed beverages to retail customers. The company had been in business for two decades and had become a preferred distributor among several retail outlets in the local area. JBI primarily distributed bottled sports drinks made by small specialty beverage companies, and its business had grown steadily with the popularity of sports drinks over the past 10 to  20 years. Last year, JBI’s revenues totaled $12 million. The company serviced about 20 customers whose beverage purchases totaled anywhere from about $100,000 to over $1 million annually. The undiscounted list price on the sports drinks that JBI distributed was $15.20 per case of 24 bottles. The full cost (excluding customer service costs) of the bottled drinks was $13.10 per case. The company offered discounts to some of its customers, which varied by customer based on a number of factors, including the volume of drinks the customer purchased, the future potential of the customer, and the negotiating success of the company’s sales representative, among others. This case was prepared by Associate Professor Luann J. Lynch. It was written as a basis for class discussion rather than to illustrate effective or ineffective handling of an administrative situation. Copyright ïÆ' £ 2009 by the University of Virginia Darden School Foundation, Charlottesville, VA. All rights reserved. To order copies, send an e-mail to sales@dardenbusinesspublishing.com. No part of this publication may be reproduced, stored in a retrieval system, used in a spreadsheet, or transmitted in any form or by any means—electronic, mechanical, photocopying, recording, or otherwise—without the permission of the Darden School Foundation. Rev. 6/09. This document is authorized for use only by madelene manu at Douglas College. Please do not copy or redistribute. Contact permissions@dardenbusinesspublishing.com for questions or additional permissions. The Meeting Johnson opened the meeting by summarizing what he had heard from Stevens and Ketchum over the past couple of days. â€Å"It looks like we’ve got some competition for one of our best customers: Saver Superstore. I guess I’m not too surprised. They’re a big customer.† â€Å"This isn’t the first time this has happened,† added Ketchum. â€Å"You might remember that this same competitor has approached Saver Superstore before. But that time, we were able to keep the business by offering a bit more of a discount. I think we’ll have to do more of that this time, or I’m afraid we’ll lose the customer.† Johnson responded quickly. â€Å"We can’t get into a price war on this. I know this is a big customer, and a loyal one too, but it’s certainly not one of our most profitable. I had Jim pull some numbers together on several of our accounts. Saver Superstore is one of our lowest-margin customers. Take a look.† Jim Thomas in accounting, who was also in the meeting, had prepared a report (Exhibit 1), which Johnson laid on the table for the others to look at. Thomas explained how the accounting group compiled the numbers: For each customer, we just pull the revenues right out of the accounting system. We know what they ordered and what we shipped, and we know what price we charge each customer, so that part is pretty easy. And we know that the cost per case, excluding our customer service costs, is $13.10. So we can multiply $13.10 per case by the number of cases we shipped to get our cost of goods. Then, we subtract our cost of goods from revenues for each customer and get a gross margin. Now, you may remember that we’ve talked about how hard it is to trace our customer service costs to any particular customer. Our customer service costs run about $1.2 million a year, roughly 10% of revenues. To make things easy, we allocate those to each customer based on its share of the company’s total revenues. So if a customer accounts for 5% of our revenues, we allocate it 5% of our customer service costs. Then, we calculate a customer margin for each customer. Johnson looked at the numbers and said: I don’t think we can lower our price to Saver Superstore much more and make any money on this one. And just think, if we offer a larger discount to them, then we’ll have our other customers wanting the same thing—especially the other big ones. I can see it now: Marsha is going to walk in here next  month and tell us that Oscar’s OddLots has heard about the deal we struck with Saver Superstore, has been talking with that competitor, and they want the same thing. This document is authorized for use only by madelene manu at Douglas College. Please do not copy or redistribute. Contact permissions@dardenbusinesspublishing.com for questions or additional permissions. Oscar’s OddLots, a large local retailer on the edge of town, was another of JBI’s large customers. Jason Rodgers, the operations manager for JBI, was listening carefully. This was the first he had heard of the situation, but to a careful observer, his nod would have revealed what he was thinking. He said: You know, I’m not a bit surprised to hear all this. Saver Superstore is a great customer. They buy lots of beverages, and they’re easy to deal with. They place their orders on a regular basis and almost never ask for anything special. I don’t remember the last time we had to run around in the warehouse pulling together a rush order from them. Who wouldn’t want that business? Stevens agreed, â€Å"You’re right. I almost never have to change my delivery schedule because they’ve asked for quick delivery. And they’re right around the corner, so they’re easy for us to get to.† Rodgers continued: I think about some of our other customers. They seem to never be able to  anticipate that they’ll be out of stock. Then they call us and make it our problem to deal with. It seems like we have some customers that we work on all day every day. Why can’t that competitor go after those customers? It’s hard for me to believe that some of those customers are more profitable than Saver Superstore. Maybe we ought to add what we guys in the warehouse call a â€Å"pain factor† onto those other customers and then see who is most profitable for us. As Johnson listened, he realized Rodgers might be onto something. â€Å"Jim, what types of costs are included in those customer service costs?† Thomas replied, â€Å"Well, that number includes several things.† He continued: It includes anything related to handling the beverages, like picking the beverages from the warehouse shelves according to the order instructions, moving the beverages over to the dock, and loading them on the delivery truck. It includes any costs related to taking, coordinating, and administering the orders, like what we pay the people in the sales office who take phone orders from customers, the supervisory costs to administer the order, and similar things. It includes anything related to delivering the beverages to the customer’s location, like the cost of the delivery trucks, truck maintenance, and what we pay Joe and people like him to drive the trucks. It includes anything related to all those rush orders you’re talking about, like overtime, extra scheduling, and stuff like that. And it includes what we pay Marsha for what she does, like visiting the customers to check in on them. So there’s quite a bit of stuff in there. Johnson thought about this. â€Å"So you’re telling me that there are some customers that you are spending a lot more time on than others? And it’s not Saver Superstore?† This document is authorized for use only by madelene manu at Douglas College. Please do not copy or redistribute. Contact permissions@dardenbusinesspublishing.com for questions or additional permissions. â€Å"That’s right,† Rodgers replied. Johnson continued, â€Å"But since our accounting system is allocating these customer service costs based on revenues, and since Saver Superstore is one of our biggest customers, it’s allocating a large share of those costs to Saver Superstore.† â€Å"Exactly,† Thomas said. Let me do this: Let me spend a couple of days collecting some information. I’ll need some help from each of you because I want to try to find out how much of your time you are spending on each of our customers. Maybe it’s time to get more sophisticated about how we look at these customer service costs. It may be worth the effort. Stevens, Ketchum, and Rodgers all agreed to spend some time with Thomas so he could summarize the amount of activity they devoted to each customer. They would meet again the following Friday. Thomas promised to compile an analysis that might help them determine how profitable each of their customers really was. Activity Analysis Before he left for the weekend, Thomas decided to pull together some information about the customer service costs he had described in the meeting: handling the product, taking the orders, delivering the product, expediting rush orders, and visiting the customer. He searched through the accounting system and determined how much of the annual $1.2 million in customer service costs was associated with each of those categories (Table 1). Table 1. Customer service costs during the prior year by area of activity. Area of activity Total $ Product handling Taking orders from customers Delivering the product Expediting deliveries (other than automobile) Sales visits to customers Total $ 672,000 100,000 140,000 198,000 90,000 $ 1,200,000 This document is authorized for use only by madelene manu at Douglas College. Please do not copy or redistribute. Contact permissions@dardenbusinesspublishing.com for questions or additional permissions. Then, on Monday, Thomas met individually with Stevens, Ketchum, and Rodgers. With their help, he determined what he thought to be the primary driver of the costs in each of those customer service categories (Table 2). Table 2. Cost drivers by area of activity. Area of activity Cost driver Product handling Taking orders from customers Delivering the product Expediting deliveries (other than automobile) Sales visits to customers Number of cases sold Number of purchase orders Number of miles traveled Number of expedited deliveries Number of sales visits Thomas determined from the company’s accounting records that the company sold 800,000 cases of beverages and processed 500 purchase orders the previous year. Stevens checked the mileage records for the delivery vehicles and determined that the vehicles had traveled a total of 44,800 miles. Rodgers was able to determine that the company made 4,480 deliveries, 2,500 of which were expedited deliveries. And finally, Ketchum checked her daily travel log to determine she had made a total of 360 sales visits to the company’s customers. Thomas’s next step was to determine how much of these cost drivers were attributable to each customer. Again, he was able to obtain some of that information (e.g., number of cases) relatively easily from the company’s records. Then his colleagues helped him determine customer numbers for the rest of the activities. Exhibit 2 presents this data for the four customers included in Thomas’s first report (Exhibit 1). Exhibit 1 JOHNSON BEVERAGE, INC. Report of Customer Profitability during the Previous Year for Four Customers Prepared by Jim Thomas Net revenues Cost of goods Gross margin Customer service costs Customer profit Customer profit (% of net revenues) Saver Superstore $ 1,168,000 1,048,000 $ 120,000 116,800 $ 3,200 0.3% Oscar’s OddLots $ 1,192,000 1,048,000 $ 144,000 119,200 $ 24,800 2.1% Midwellen Supermarket $ 121,520 104,800 $ 16,720 12,152 $ 4,568 3.8% Downtown Retail $ 454,500 393,000 $ 61,500 45,450 $ 16,050 3.5% Total for JBI $12,000,000 10,480,000 $ 1,520,000 1,200,000 $ 320,000 2.7% Exhibit 2 JOHNSON BEVERAGE, INC. Additional Information from Prior Year for Four Customers Price per case Number of cases Number of orders Number of deliveries1 Miles traveled per delivery Number of expedited deliveries Number of sales visits 1 Saver Superstore $14.60 80,000 16 110 5 10 12 Includes both expedited and regular deliveries. Oscar’s OddLots $14.90 80,000 40 400 19 250 25 Midwellen Supermarket $15.19 8,000 20 200 11 130 18 Downtown Retail $15.15 30,000 30 230 4 90 9 Total for JBI $15.00 800,000 500 4,480 10 2,500 360

Civil Procedure Outline

Civil Procedure Outline I. Personal Jx- in what states can the ? sue the ?. a. In personam- pwr over the person. General jx- the ? can be sued in that state for a claim that arose anywhere in the world. Specific jx- the ? is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The ? is served with process in the forum- presence- general jx 2. Service on the ? agent in the forum 3. The ? is domiciled in the forum- general jx 4. The ? consents to jx 2. Hess v Pelosky- expanded the traditional basis for in personam jx 1.The ? wanted to sue the ? for causing an accident in the state, but under the traditional way couldn’t serve process bc the ? had left the state. That state court was able to uphold jx through the nonresident motorist statute- if you drive in our state; you are consenting to in personam jx and appointing a state official as your agent for service. Always specific jx. 3. International Shoe v. Washington 1. There is jx if the ? has such minimum contacts with the forum so that jx, does not offend traditional notions, fair play and social justice. i. You can serve process outside the forum by this time, as long as you meet the Shoe Test ii.There are 2 parts contact and fairness iii. Doesn’t overrule Pennoyer, test if ? is not present when served 4. McGee 1. The TX company solicited the business in CA 2. CA had an interest in providing justice for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum must result from the ? ’s purposeful availment. The ? must reach out to the forum. 2. No jx in FL over a DE bank, the bank only serviced a client in the forum, didn’t reach out. 6. World Wide Volkswagen- 1. NY family buys car in NY to move to AZ, in car accident in OK sue in OK for a car defect, sue 2 NY ? n OK, no jx 2. No purposeful availment by the ?. 3. It must be foreseeabl e that the ? could get sued in that state, not that your product could get to the state. 7. Burger King- MI residents owned a franchise in FL; got sued there and the ? argued that it was unfair to allow suit in FL 1. Court makes it clear that there are 2 parts under International Shoe: contact and fairness. 2. Contact is assessed first, it no relevant contact then it could be fair to sue there but still no jx. 3. The ? had reached into FL for a franchise so contact met, the ? said it was unfair and the Court said tough you can travel i.Court said that you have to show that you are at such a great disadvantage that it would be unfair to litigate there ii. Tough to prove bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO LAW 4-4 split – stream of commerce case. 1. Brennan theory -it is a contact if I put the product in the stream of commerce and I reasonably anticipate it could end up in states c, d, e 2. O’Connor theory- need the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- English company only reaches out to Ohio; the Ohio Company then sells everywhere.Individual hurt in Jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices adopt O’Conner theory- found no intent 2. Bryer and another –don’t take sides, agrees with both tests just doesn’t see enough facts 3. Ginsburg- dissent- would have found jx, she said if you target the US, then you can be sued in any state where your product does harm 10. Burnham- Jersey ? sued in CA, the ? is present in CA when served with process. Sued on general jx. The question raised is whether traditional service is good by itself or do you need to go through the International Shoe test as well.Split 4-4 1. Scalia theory- that presence when served is ok by itself. Traditional basis is an alternative to International Shoe test. 2. Brennan theory- always apply International Shoe test, it has replaced the traditional basis. 11. Goodyear- when is there general jx. 1. Prior to Goodyear, Court said that there was general jx provided that the ? had continuous and systematic contact with the forum. 2. Goodyear -not enough, now need this, and also the forum must be a place where the ? is essentially at home i. For ppl- domicile ii. For business- state of incorporation and principle place of business 3.This cannot be based simply on buying and selling in the state. ii. Steps for analysis 1. Constitutional Analysis- does a traditional basis apply- it may be enough, then mention the split that International Shoe always applies 2. The Shoe Analysis 1. Must be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. Foreseeable that you could get sued there, not that your product gets there. 2. Specific or General Jx -relatedness- does this claim arise from the ? contact with the forum. i. If yes, then you can sue for specifi c jx. ii. If no, then you can only sue for general jx. 3. fairness factors- it’s up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum state’s interest 3.? interest 4. interest in efficiency 5. shared substantive policy iii. Statutes- every state has statutes for residents for service and notice. 1. Every state has statutes for traditional service- domicile. 2. For non-residents 1. Nonresident Motorist Statute- specific jx- had to stem from a car accident 2. Long Arm Statute- go after nonresidents, specific jx, i. CA- we have jx to the fullest extent of Constitution. ii. Laundry List- transacting business, commits a tortuous act in the forum. I. e. : ? akes a widget in State A and sells widget to ? in State B and ? is injured, did tort occur in state b- courts are split. b. In Rem- pwr of the court over a ? property w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- court can attach propert y that ? owns or claims to own ii. Constitution- Shaffer v Heitner- held that seizing property at the outset of the suit is not enough. Additionally, the ? must meet the International Shoe standards. c. Quasi In Rem- pwr of the court over a ? w/in the jx-the suit at hand has nothing to do with property ownership. i. Pennoyer v.Neff- dealt with the underlying case btwn Mitchell and Neff- breach of contract. Court held that it is fine to use property but the property had to be attached at the time of filing the suit. ii. Attachment statutes and Constitutional Tests are the same for quasi in rem. II. Notice- has to be given to the ? and she has to have a chance to be heard a. Service of Process- FRCP Rule 4- process- consist of the summons and a copy of the complaint i. Summons content- Rule 4 a 1 ii. Service can be made by any non party who is at least age 18-Rule 4 c 2 iii. How to serve an individual- Rule 4 e 2- 3 ways 1. Personal service- can be done anywhere . Substituted service- must be done at ? dwelling or usual abode, and must serve someone of suitable and discretion WHO RESIDES THERE! 3. Serve the ? agent iv. Also look to Rule 4 e 1- allows methods of state law where either the federal court sits or the state laws in the state where process is served v. Serving a Business- Rule 4 h 1- you can serve an officer, or a managing or general agent. Rule 4 e 1 also applies vi. Waiver of Service- Rule 4 d- waiving process by mail. If form not mailed back, have to do it the normal way, but the ? will have to pay for the service of process b. Constitutional Element- if you become aware that the ? idn’t receive service, you might have to try another way. III. Subject Matter Jx a. Diversity of Citizenship i. 28 US  §1332 a 1- 2 Requirements for Diversity 1. Case is between citizens of different states 2. Amount in controversy exceeds $75,000 1. Citizens of different states i. Complete diversity rule- there is not diversity if any ? is a citizen of the same state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY HAVE ONE DOMICILE 1. Physical presence 2. Form the intent to make it your permanent home 3. Citizenship of a Corporation 28 US  §1332 i. State of incorporation AND i. Where the principle place of business 1. Hertz case- the principle place is where the managers direct, control, and coordinate the business activities- Nerve Center (usually headquarters) 4. Non incorporated business 1. Look at citizenship of all the partners/members ii. Amount in controversy 1. Must exceed $75,000 2. Aggregation- adding multiple claims to reach the required amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if there are multiple ? and multiple ?. 3. If there are joint claims, use the total amount of the claim. Here the number of parties is irrelevant. b. Federal Question i. 8 US  §1331- we need a question that arises under federal law ii. Well pleaded complaint rule 1. Look on ly that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal right, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottley’s weren’t enforcing a right under the federal law and not a federal question. c. Supplemental Jurisdiction i. 28 US  §1367- gets non-federal question, non-diversity claim into federal court ii. Mine Workers v Gibbs-labor disputes in mines- ? sued the ? on a federal claim and a state claim that arose from the same transaction or occurrence.Supplemental jx is ok if claim 1 and claim 2 shares a common nucleus of operative fact, then both claims can come in. Gibbs test- same overall dispute. Gibbs is always met if the 2 claims arise from the same transaction or occurrence 1. Does  §1367 a grant jx? Yes if it meets Gibbs 2. Does  §1367 b take jx away? ONLY APPLIES IN DIVERSITY CASES and only takes away jx over claims by the ? , not the ?. d. Removal - §1441,  §1446,  §1447 i. Allows a ? sued in state court to have a case removed from state court to federal court. If the case doesn’t belong there, then the federal court will remand it back to the state court. i. General rule it is removable if there is federal subject matter jx 1. EXCEPTION- you cannot remove a diversity case if any ? is a citizen of the forum, in state ? rule. Only applies in diversity, not federal question. 2. All ? must agree to the removal 3. You must remove w/in 30 days of service of the document that first makes the case removable. Usually, 30 days of service of process, from service, not from filing. 4. You can remove only to the federal district court that embraces that states courts (I. e. – if filed in St Louis, then you can only remove to Eastern Dist. of Missouri) IV. Venue .  §1391 a- diversity and b- federal question- same for both diversity and federal question i. Lay venue in any district where all ? reside. 1. If all ? reside in the same state but different distri cts, you can lay venue where any of them reside. 2. Reside- for ppl- domicile- same as citizenship. For businesses-  §1391 c (applies to all businesses)- business resides in all district where it is subject to personal jx when the case is filed. ii. Lay venue in any district where a substantial part of the claim arose b. Transfer of Venue- moving from one court to another in the same judicial system.The original federal court- transferor. The court to which we send it is the transferee.  § 1404 and  §1406- IN BOTH STATUTES THE TRANSFEREE MUST BE A PROPER VENUE AND HAVE PERSONAL JX OVER THE ? W/O WAIVER BY THE ?. i.  §1404- Convenience for parties and witnesses and in the interest of justice 1. Public and Private Factors- footnote 6 of Piper case ii.  §1406 a- The transferor is an improper venue- you can dismiss or transfer the case in the interest c. Forum non convenient- a court dismisses bc there is another court that makes more sense for the case to be tried. You dismis s bc transfer is impossible.The proper court is in a different judicial system. Usually applies in cases where the proper court would be a foreign court. i. Piper Case- case dismissed in the US fed court by of forum non convenient- should have been filed in Scotland 1. Reasons to dismiss- footnote 6 of Piper case. Common sense. V. Erie Doctrine a. In federal court in a diversity case- an issue is to be decided, the judge must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for substantive state law. Erie decides this- Rules of Decision Act  §1652 and the US Constitution- 10th Amendment. . Element of a claim is always substantive law ii. Hannah v. Plumer- shows that Erie Doctrine is 2 doctrines: 1. Is there a federal law on point that directly conflicts with state law, Ie: FRCP, statutes, Rules of Evidence. , If there is yes, we apply the federal law as long as it is valid (based upon the Supremacy Clause of the Constitution. ) 1. Te st validity under the Rules Enabling Act  §2072- Shady Grove-4 justices said that all you have to show that the rule is arguably procedural; Stevenson- said you have to look and see if the rule intrudes into state policy.A FRCP has ever been invalidated. 2. If there is no federal law, Erie Prong- Rules of Decision act and Constitution- if substance, must follow state law. iii. Three tests for is it substantive law 1. Outcome Determinative- Guarantee Trust v. York- under state statute of limitations case was filed too late, case filed in federal court, judge wanted to ignore state on statute of limitations, court held no bc it is outcome determinative. If you apply the state law, case dismissed. If you apply federal rules, the case goes forward. Bc there are different outcomes, it is substantive. 2.Balance the interest- Byrd v Blueridge- state law said a specific issue is decided by a judge, not jury. Filed in federal court, judge wanted to let it go to the jury. Not clearly outcom e determinative, but court said if something is not clearly substantive, follow state law, unless the federal court has an interest in doing it differently. Weigh the interests of the 2 systems. In this case there was no reason for this rule, so the federal interest outweighed the state interest in this case. 3. Twin aims of Erie- comes from Hanna 1. Avoid forum shopping 2. Avoid inequitable administration of law. i.To apply this, ask at the beginning of the case, if the federal judge ignores this state law, will it cause parties to flock to federal court. We don’t want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- pleading filed by ?. Rule 8 a i. Statement of subject matter jx ii. Short and plain statement of the claim iii. Demand for relief 1. Historically- notice pleading. Put enough in there to put the others side on notice. 1. Twombly and Iqbal- interpretation of Rule 8 a 2 i. The court will ignore conclusions of law ii. The ? must plea d facts supporting a plausible claim iii.Court will use its own experience and common sense to decide what is plausible- Subjective 2. You must give more facts/plead detail for fraud, special damages b. The ? response- Rule 12 i. The ? must respond w/in 21 days ii.? can respond by answer or motion 1. Rule 12 e- motion for a more definite statement 2. Rule 12 f- motion to strike from a pleading iii. Rule 12 b Defenses- 7 defenses- motions to dismiss, can be made by motion or by answer 1. Subject matter jx 2. Personal jx 3. Improper venue 4. Insufficient process- document px 5. Improper service of process- px with service 6. Failure to state a claim . Failure to join a party under Rule 19 (indispensable party) iv. Rule 12 g and h- strict things about waiver 1. Defenses Rule 12 b 2-5 must be put in the first Rule 12 response (motion or answer- which ever you do first) if you don’t put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time th rough trial (not on appeal) 3. Rule 12 b 1 can be raised at any time (any time even on appeal) v. Answer must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to deny- is an admission, exception for damages 2. Must raise affirmative defenses Rule 8 c . Raises a new fact, and if ? is right they win 2. Must plead them or risk waiver of them VII. Joinder a. Determined the scope of the litigation. First find the Joinder rule then look for subject matter jx i. Claims of joinder Rule 18 a- you can put in any claims you want b. Claim Joinder by the ? i. Counterclaim- Rule 13 a and b- claim against an opposing party (against someone who sued you. 1. Rule 13 a- compulsory counterclaim- one that arises from the same transaction or occurrence. Must be claimed now or waived. Cannot be brought separately. Only compulsory counterclaim.Always meets  §1367 a and doesn’t get knocked about by  §1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 1 3 b-Permissive counterclaim- doesn’t arise from the same transaction or occurrence, can be brought now but doesn’t have to be. ii. Crossclaim- Rule 13 g- against a co-party 1. Always must arise from the same transaction or occurrence. Not compulsory, can be filed not or later. c. Proper Parties i. Rule 20 a- tool available to the ?. 1. Rule 20 a 1- can join together if claims arise from the same transaction or occurrence and raise at least one common question 2.Rule 20 a 2- which ? can the ? join. Same as above d. Necessary and indispensable parties i. Absentee party is necessary (party A) ii. Rule 19. Is A necessary? Rule 19 a 1- A is necessary if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court cannot accord complete relief. 2. 19 a 1 B i- if A interest may be harmed if they are harmed. 3. 19 a 1 B ii- if A interest may subject ? to multiple or inconsistent obligations. Joint tortfeasers are not necessary to bring into a suit. iii. Is it feasible t o bring in party A 1. Will bringing in party A mess up diversity 2.Is there no personal jx over party A iv. If they are necessary and the party cannot be joined 1. Proceed w/o party A- run risk of harms 2. Dismiss the entire case- not fair to the ? 1. 19 b tells you what to consider- 4- we don’t dismiss unless the ? has another forum to receive relief in (i. e. maybe a court that has jx over all parties where the case could be refiled. ) i. Keep in mind, when the court decides to dismiss, then we label the absent party as indispensable and Rule 12 b 7 kicks in. e. Impleader- Rule 14- joining someone new- third party practice. The third party ? may be liable to the ? or the ? ’s claim i. e. -indemnity or contribution i. Can only be brought by the ?. This new party is third party ?. Rule 14 a 1 ii. Once the third party ? is brought in, the ? can assert a claim against the third party ? as long as the claim arises from the same transaction or occurrence. Rule 14 a 3 iii. The third party ? can assert a claim against the ? as long as it arises from the same transaction or occurrence. Rule 14 a 2 f. Intervention- Rule 24 the absentee party brings themselves into the case i. Must do so timely ii. Must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right Rule 24 a 2- you have a right to intervene if your interests may be harmed if you are not joined. 2. Permissive Intervention Rule 24 b 1- you can join at the court’s discretion if your claim has a common question with the underlying claim. g. Class Action- always brought by the representative- they sue on behalf of the ? class i. Meet the requirements of Rule 23 a 1. Numerocity- joinder of all parties would be impractical 2. There has to be a question in common with all claims 3. Representative parties claims are typical of the class 4. Representative parties will adequately protect the interest of the class ii.Types of Class Action 1. Rule 23 b 3- have to show common que stions predominate over individual questions. 2. The class action is the best way to settle the suit. iii. Motion to certify 1. Not a class action until the court certifies. If it does certify then it must define the class and appoint class council Rule 23 c iv. Notice of Pendency 1. IN THE RULE 23 b 3 CLASS THE COURT GIVES NOTICE TO ALL PPL IN THE CLASS. You have the right to opt out of the class or risk being bound by the result. This notice is paid for by the representative. 2. All parties of the class are bound unless they opted out of the class.You can only opt out of a B 3 class, not a B 1 or 2 v. Settlement of a certified class action 1. Must be approved by the court- they get feedback from members of the class action vi. Subject Matter Jx 1. Citizenship of the class action is determined by the representative party 2. Amount of controversy is the representative’s claim amount VIII. Discovery a. Required Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has disco verable information that could be used on the merits during trial ii. Must identify documents, electronic info, or things that may be used iii. Rule 26 a 3- Pretrial disclosures . Discovery Tools i. Deposition Rule 30-oral deposition and 31- written deposition 1. You can depose a party or non party. To deposition a nonparty, you need to serve with subpoena bc they don’t have to show up. ii. Interrogatories Rule 33 1. Written answers under oath must respond to them in 30 days 2. Only go to parties iii. Request to produce Rule 34- asking to see stuff 1. Can be sent to parties and non parties. To get the nonparty you need a subpoena iv. Medical examination 1. Need a court order 1. Need to show that the condition is in controversy 2. Must show cause 2.Can only get a medical exam from a party or someone w/in that party’s control. (IE parent-child, but not employer-employee) v. Request for admission Rule 36 1. THESE CAN ONLY BE SENT TO PARTIES 2. Force you to admit or deny a ny discoverable matter (if you don’t deny- you admit) c. Scope of discovery i. You can discover anything that is relevant to a claim or a defense. You can discover anything that could reasonably lead admissible evidence ii. Privileged matter is not discoverable. Confidential communication in certain relationships iii. Work product- Rule 26 b 3- trial prep materials Hickman v Taylor 1.Material prepared in anticipation of litigation. Not discoverable. 2. Work product protection can be overcome if you can show: 1. Substantial need 2. Not otherwise available 3. Mental impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER!!! Can be generated by a party themselves or a representative. IX. Pre Trial Adjudication a. Rule 12 b 6- Motion to dismiss for failure to state a claim i. Only looks at the complaint- determine if everything the ? said is true, would she win? If not, then no need to continue the matter for tria l. ii.Looks at complaint- complaint must show enough facts to support the claim. (IE all elements necessary for a tort, if one left out, grounds for 12 b 6). Courts usually allow pleadings to be amended b. Summary Judgment Rule 56 a- judge looks at facts/evidence i. Moving party must show 1. There is no genuine dispute on a material fact 2. She is entitled to judgment as a matter of law ii. This evidence is provided by parties to the judge. The information is written and given under oath. iii. The court takes the evidence and decides if there is a genuine dispute of material fact- if there is then there must be a trial to settle the dispute.X. Trial a. Right to Jury Trial- 7th amendment-Civil Cases i. Preserves the right to a jury in actions at law, not equity. ii. Depends on whether we would have had the right to a jury in England in 1791 1. Is this claim analogous to an action that was available in England in 1791 2. We focus on the remedy the ? is seeking 1. Remedy at law- damage s to compensate you for the harm suffered. Jury 2. Equity courts- No Jury i. Injunction ii. Specific performance iii. Rescission iv. Reformation 3. Historically, it was all or nothing for a jury, change in 1950. Now, we do it issue by issue.Every factual issue for legal relief- you get a jury, if the claim has both, you get a jury. Usually the jury issues are heard first. b. Motions- you don’t get to a jury until you present enough info to get to the jury i. Motion of Judgment as a matter of law- Directed verdict- Rule 50 a- if it is granted the case is taken from the jury and the judge decided 1. Rule 50 a 1- reasonable ppl could not disagree on the results, therefore the judge is going to rule. Must be done by motion. 2. Rule 50 a 2- cannot move for this until the other side has been heard at trial. ii.Renew motion for Judgment as a matter of law- Judgment notwithstanding the verdict- Rule 50 b- comes up after trial, after a return of the verdict by the jury. 1. If granted, the court is saying that the jury reached a conclusion that reasonable ppl could not have reached. 1. Must be moved for w/in 28 days after the judgment. 2. To make this motion, you have moved for this at the appropriate time at trial. If you didn’t, you waived the right to do this after trial. iii. Motion for New Trial 1. Timing the same as judgment notwithstanding the verdict, 28 days after entering the judgment. 2.Something went wrong in the first trial that affected the outcome and a redo is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The final judgment rule i. In federal court you cannot appeal until the trial court enters a final judgment on the merits of the entire case. 1. To determine if it is a final judgment- after making this order, does the trial court judge have anything left to do on the merits? 1. Interlocutory appeal- an appeal taken before final judgment is entered. b. Interlocutory Review i. Statutory 1.  §12 92 a- orders about injunctions 2. 1292 b-trial court and appellate court agree to review ii. FRCP 1. Rule 23 f- allows you to ask for an appeal following the certification of a class action class. 2. Rule 54 b- cases with multiple claims or parties, court may allow appeal iii. Collateral Order Rule- common law 1. Issue separate from the merits of the case. 2. Comes up in cases when the ? claims immunity from suit XII. Preclusion – always involves two cases a. Claim Preclusion/Res Judicata- you get one suit to vindicate a claim; you can only sue on a claim once. i. 3 elements for claim preclusion 1. Must show that both cases were brought by the same ? against the same ?. . Case one ended in a valid final judgment on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was based on jx, venue, joinder of parties. 3. Both cases are based on the same claim 1. Claim is the same transaction or occurrence- Majority View 2. Primary rights- you get a different claim for each right invaded- Minority View b. Issue Preclusion/ Collateral Estoppel – you only have to litigate issues in the 2nd trial that weren’t litigated in the first trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. Have to show that same issue was litigated and decided in the first trial 3.Have to show that that issue was essential to the judgment in the first case. 4. Against whom is issue preclusion used. You can only you it against someone who was a party to the first trial. 5. By who is issue preclusion being used- Mutuality- issue preclusion can only be used if you were a party to the first trial. Most states have gone to allowing non-mutual issue preclusion- means it is being used by someone who is not a party to the first trial as long as there was the opportunity to fully litigate in the first trial. 1. Non-mutual defensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? sing issue pr eclusion. 2. Non-mutual offensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? using issue preclusion. Most courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane Hosiery i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. Foreseeable litigation iii. You could not have easily joined in the first trial. iv. No inconsistent judgments v. No new procedural options.

Carbon Dioxide Reduction Essay Example | Topics and Well Written Essays - 1250 words

Carbon Dioxide Reduction - Essay Example The Government's trend of putting embargo on building industry for less carbon emission is certainly a threat for it and for the people of the country as there will be created serious problems in the housing industry of the country. Britain is now a more diverse society - ethnically and culturally - than ever before. Over the centuries, and more particularly over recent decades, the contributions of those who have come to live here have enriched our country (Community, opportunity, prosperity Annual Report 2007). Now Britain has been planning to promote social justice among people living in it of whichever minority group or faith they belong to. A statistic of 2001 suggests that around one in twelve people were from minority ethnic communities and more than three million people were from minority faith groups. This diversity of multicultural environment has facilitated in bringing real economic and social benefits in Britain. Immigration and continued open relationships with countries around the world have resulted in economic dynamism with more jobs and access to crucial skills, and new ideas, better public services and a richer cultural life. Within this context of increasing diversity, Communities and Local Government is committed to forging cohesive, self-confident and prosperous communities that are at ease with themselves (Community, opportunity, prosperity Annual Report 2007 ). Doubtlessly, this has been possible due to the immense contribution of ethnic people living in Britain and contributing in community development. The country has also achieved a landmark success in effectively challenging social exclusion with homelessness acceptances which has been reduced at the lowest level since 1980s. Most importantly, the achievement of promotion of social justice through coordinated cross government action with less crime and better employment opportunities and educational outcomes is most aspiring, indeed. CO2 Emission and the Prospect of Building Project management The issue of climate change and its potential implications are areas of great concern to the public, industry and policy makers alike. As a result some leading industrialized nations have signed up to the Kyoto Protocol and made a commitment to reduce greenhouse gas emissions(Climate & carbon dioxide reduction). Due to the immense necessity of the people and of the society the scale of house building increases. In pursuance of this UK has passed a climate change bill in 26 November, 2008 to reduce carbon emissions. To meet the criteria of a sound and healthy environment the decision of the government has made the future of building industry a nightmare. Project management is a carefully planned and organized effort to accomplish a specific (and usually) one-time objective, for example, construct a building or implement a major new computer system(Project Management 2009). Project management includes a series of efforts to accomplish like developing a project plan for giving the ideas and confirming the project goals and objectives, identifying tasks and how goals will be achieved, quantifying the resources needed, and determining budgets and timelines for completion. In fact, it is a temporary

Information pertaining to the imperativeness of mergers that are Research Paper

Information pertaining to the imperativeness of mergers that are gaining prominence in the current business world - Research Paper Example The two institutions are chosen due to their complimentary support capacity that they hold that would see them receive immense benefits from any strategic alliance or agreement. The institutions provide health care services and were founded with a core mission to offer quality, affordable and timely Medicare to patients. They focus on community outreach programs, research on various medications, provision of cancer services, coronary care, digestive and nutritional support. The paper also analyses their financial status based on the strength of their financial performance. It also evaluates the key ratios and the need for ensuring effective setting of debt collection period. Introduction Business merger is a performance strategy whose practice in gaining momentum in most settings due to its relevance in the current competitive society. The strategy provides viable incentives and synergies that enable organizations to improve on their standards of performance. Indeed, institutions wit h strong aspirations to recording vibrant performance levels should adopt the strategy. This is vital since it gives credible systems of engagement and operations that facilitate exemplary performance. It is imperative to note that mergers are strategic agreements between institutions that are set with an aim of enhancing service delivery and productivity. The agreements are driven under quality ideals and mutual understanding to ensure that the ultimate objectives are achieved. In most jurisdictions, for example, in US, mergers and strategic alliances remains innovative system of acquiring competitiveness and improvement on service delivery. The idea is under exploitation and is executed innovatively by various institutions. It has seen key institutions or organizations in diverse field of operations including health sector develop into vibrant corporations through consolidation of their potentials and synergies. The institutions have increased their performance capacity and servic e delivery systems to match the need of the consumers. In particular, the two health institutions that would materially benefit from this initiative are Georgia Baptist health care and Grant health organization. The two organizations would benefit from the initiative since they are set with pertinent mission and they hold complimentary capacities. That is Georgia heath care operate strong cancer clinics, coronary care centers and cancer treatment facility with limitation of financial or asset capacity for expansion that Grant health center has. This explains why the merger between the two institutions would yield quality results that would revolutionize service delivery in the health sector. The Companies, Justification and Imperativeness of the Merger As noted, the two companies selected for this study (Georgia health center and Grant medical center) are bound to receive substantial benefits from the merger initiative. This is evident since the institutions have strong complimentar y synergies that would steer development of health services. They would pull up and share resources to ensure that quality services  (Smith 1997) are delivered to in US citizens (Harris2006). The corporations are founded under strong mission to provide quality healthcare through adoption of conventional health care systems and resources. They seek to expand research on health issues to facilitate

Low carbohydrates diets lead to weight loss transformation, but leave Essay

Low carbohydrates diets lead to weight loss transformation, but leave lasting harms of mental illness and depression - Essay Example The most prominent and important consequence of a low carbohydrate diet are psychological problems such as depression. â€Å"Consumption of diets low in carbohydrate tends to precipitate depression, since the production of brain chemicals serotonin and tryptophan that promote the feeling of well being, is triggered by carbohydrate rich foods† (Sathyanarayana et al, 2008) Previously, most people in order to shed the extra pounds engaged in low fat diets where intake of fatty, oily and fattening food products were not consumes however low fat diet programs have been today replaced by the low carbohydrate diet program. This happened primarily because low fat diet program approaches that â€Å"decrease fat mass also result in undesirable loss of lean body mass† (Volek et al, 2010) since after the depletion of fats in the body the stored muscle proteins are targeted for energy extraction. Thus a diet program where the carbohydrate is restricted means that the lean body mass of a person would be preserved since right after energy extraction from stored carbohydrates the body targets the stored fats and not muscle proteins. In order to lose weight fast low carbohydrate diets are very much in vogue since they yield the results much faster and much more efficiently than other diet plans that are designed and followed. Today low carbohydrate diet is al so done as a treatment for several problems such as obesity, CVD etc. In an average person’s life the highest intake through food is mostly that of carbohydrates. An average person consumes carbohydrate in form of staple foods such as bread, rice, pasta etc. However when a person undergoes a low carbohydrate diet he/she is prohibited from consuming such easy digestible carbohydrate food products and is given a much more protein enriched and fat enriched diet such as meat, cheese, poultry etc. Improvement of body

Management and Organisational Behaviour Essay Example | Topics and Well Written Essays - 2000 words

Management and Organisational Behaviour - Essay Example Again, the relationship between a company’s business structure and cultural parameters throw light on the performance potential of the company. The structural pattern of small business units is generally flat owing to the reduced hierarchy levels between the employees and owner of the company. However in case of big concerns the structural system attains a much complex pattern with the creation of several functional departments. It signifies a specialized performance pattern of the business unit. The difference in the organizational structures is also closely associated to the degree of control exercised over the people or employees in achievement of organizational objectives. The different organizational structures underline the nature and extent of responsibilities entrusted on the employees which also calls for rendering of rewards and punishment. Similarly the employees working together in groups design the organizational culture and cite the norms and ethics of the compan y. The cultural system of a company is flexible and is decided between the mutual understanding of the upper and lower management levels depending on circumstances and situations. Both the structural and cultural parameters work together in designing the norms of business leadership for efficient performance of the organization (Rollinson, 2008, pp.4-5). ... The set of organizational values also indicate the behavioral and communicating patterns of the employees with external interested parties like the customers, government and similar other interest groups. Further the existence of organizational culture helps in encouraging the people to work in a group network in order to achieve organizational objectives. The behavior and attitudes of the group of people working closely with each other are governed by the cultural parameters set by the company which in turn helps in the fulfillment of business objectives. On the other hand the group dynamics of the different individuals are also governed by the system of organizational structure. The system of organizational structure governs the level of interaction between the people at different organizational levels in order to achieve business objectives. The structural parameters of an organization help the employees to coordinate with each other and also to communicate in an effective manner with other hierarchies. This renders a sense of support to them to work more effectively in fulfilling business goals (Jennifer, 2009.p.6; Mullins, 2008, pp. 66-70). Organizational Culture and Leadership Organizational leadership centers on the maintenance of the core values and business philosophy of the concern as distinct from other companies performing in the external environment. These core values and visions upon which a business functions are formulated through the development of organizational cultures. Development of organizational cultures also enhances the ethical and loyal parameters in the behavioral patterns of the employees within an organization. These organizational

Lighting for households Essay Example | Topics and Well Written Essays - 500 words

Lighting for households - Essay Example Some like the roof windows act as a means of ventilation, these are relatively cheap to buy and easy to install. Electrical fittings can also be used to provide additional light at night. Instead of using bulbs with a high watt, more bulbs should be used to give an even spread of light. It would be better if the bulbs were changed from a single pendant to fitting one with multiple arms. Table and wall lights should also be installed to provide light and illuminate dark areas. Table, wall and floor should also be installed to improve the quality of light at night. The houses should have white ceilings and light or white walls as this will make the room appear brighter due to reflection of light around the room (Trade Lighting Company, 2014). Illuminating the ceiling and the top half of the room will make the room appear brighter. The fireplace can be used at night to provide additional light as well as heat. Quality of light that gets into households can be improved by doing the simplest and most inexpensive of things, therefore, it is recommended that; curtains should be secured and tied back from the windows to prevent obstruction of the sunlight (Almeida, Bertoldi, and Ricci, 87). Secondly, curtains that blocks light should be avoided since that translates to less light in the room and thus poor lighting. Net curtains should also be avoided since they block the light instead, shades should be fitted The shades and fittings used on the windows greatly influence the amount of light that goes into the house, therefore, they ought to use shades and fitting that will allow and direct light into the house. Ultimate concern should be considered to ensure that the shades do not shield light, but they prevent glare (Almeida, Bertoldi, and Ricci, 90). In addition to this, the windowsills should be white rather than using dark colors since white reflects the light unlike other darker

Caffeine Research Paper Example | Topics and Well Written Essays - 250 words

Caffeine - Research Paper Example It is a drug of dependence. â€Å"Caffeine is a drug that maintains an enigmatic existence somewhere in the middle of lower end of continuum of dependence—producing drugs. It is not readily categorized with known drugs of dependence, such as cocaine, nicotine, heroin and ethanol. On the other hand, caffeine does elicit some effects typical of dependence-producing drugs.†(Gupta, p.143)Does caffeine secure respectability in the culinary culture and acceptance as harmless for human consumption? The answer is in the negative viewed from any angle. Let’s agree that Caffeine is the world’s most popular drug. Though this is mostly related to coffee, it is also found in tea. Tea leaves contain about 3.5% caffeine. Caffeine containing soft drinks are very popular. â€Å"Caffeine taken in beverage form begins to reach all tissues of the body within five minutes. Peak blood levels are reached in about 30 minutes. Half of a given dose of caffeine is metabolized in about four hours more rapidly in smokers and less rapidly in newborn infants, in women in late pregnancy, and in sufferers from liver disease. (Caffeine†¦.) Caffeine increases blood pressure and stimulates the brain and behavior. There are many therapeutic use of caffeine, but controversies are associated with their application. Medical opinion is not unanimous about its authentic utility. As soon as it enters the body, its effect is immediate and electric! â€Å"Blood pressure, pulse rate, and stomac h acid production are increased, fat stores are broken down, and fatty acids are released into the blood stream.†(Caffeine and †¦.)Many other complications follow like, lack of energy, fatigue, and improper sleep. With alcohol consumption, it leads to deterioration of one’ health! With enough evidence against it, caffeine will always be viewed with suspicion. â€Å"Overall, the leading research projects based on objective criteria demonstrate that caffeine intake near bedtime†¦Ã¢â‚¬ ¦.decreases total

Declining Lease Lengths in Commercial Properties Literature review

Declining Lease Lengths in Commercial Properties - Literature review Example Researchers have not dwelt on the length of the lease except the reducing average lease lengths in the UK. A term structure of rental rates has been responsible for various lengths of the leases but it has been lacking in market reviews. A market review provides valuable knowledge into the relationship between rent and lease length, creating a balanced rent, depending on rent projections (Rowland, 2002). A lease length may depend on specific landlord needs such as redevelopment in the near future or for creating more space for another business tenant. Normally, landlords’ interests are served through long leases while tenants desire short leases with alternatives of renewal (Rowland, 2000). The possibility of such factors as cost of shifting and the cost of reletting could be crucial in deciding rents and lease lengths. Reletting costs may be borne by either the landlord, if the short lease expires or the tenant shifting premises before the expiry of the lease. These costs may not be transferable but can be reduced with mutual consent between the landlord and the tenant (Rowland, 2000). In a term lease there is no boost to reduce depreciation of the property, thus not securing the salvage value of the property (Miller and Upton 1976, p.766; and Flath 1980, p.253)). Smith and Wakeman (1985, p.903)) discuss how lease provisions may change the incentives for both parties, quoting the use of service leases (in which the lesser provides the maintenance) as a solution of avoiding the lessee’s inclination to ignore the property (Rowland, 2002). The deficiency of interest among tenants to take care of the property has been used randomly in the housing economics literature to state tenure choice (Henderson and Ioannides 1983, p.98)) and the observed reduced rents on lease renewal than new lettings (Hubert 1995, p.631)). Kanemoto (1990, p.7)) thinks that the problem comes in substantiating to a third party (typically a court) that the tenant has misused the property. Various types of contracts for maintenance of property change the possibility of not-suitable standards of maintenance (Rowland, 2002). Benjamin, de la Torre, and Musumeci (1995, p.179)) present a model of under-maintenance by tenants, which compares the current values of owning and leasing property. The difference between the maintenance of property by owner-occupiers and by tenants shows the overexploitation by tenants during the lease, with bad outcomes for the residual value. The authors state different methods to improve upon the leases to reduce or eradicate the effects of the tenant’s provocation to misuse the property, like entering into contracts for maintenance by the owner, providing the tenant an alternative to purchase, deposit security or adjusting the rent as per usage needs (Benjamin, de la Torre and Musumeci 1995, p.184)) (Rowland, 2002). Interestingly, in Northern Ireland, the private investors prefer long lease terms on properties situated in pop ulous locations and depending on the area let properties on strong terms in the agreement (Crosby et al., 2002)). The property market was on the boom during 2002 in Northern Ireland, resulting in easy finance due to reduced interest rates realizing greater syndicate transactions related to the property. These inward investment initiatives like call centers for leading companies, including Halifax, Abbey National and Prudential and software development companies like Northbrook Technology and Fujitsu (Hamilton et al., 2005).

Perception and Treatment of LGBT Essay Example for Free

Perception and Treatment of LGBT Essay This aggression can be sexual in nature or the effects can closely resemble those of sexual harassment and then can constitute sexual harassment. Middle and high school students are dealing with verbal and physical bullying in school to where these students are either dropping out or transferring schools or even becoming a home schooled student so that they can avoid being harassed about their sexual orientation. Bullying is an aggressive behavior that is intentional and it involves the imbalance of a persons power or strength Lesbian, gay, bisexual and transgender LGBT) youth, or those individuals that is perceived to be LGBT may be teased and bullied by their peers in schools as well out in public. Our educators, health professionals, parents, and any other concerned adult can make a difference in the lives of our LGBT youth. Often, bullying towards LGBT youth targets their non- conformity to gender norms. This type of bullying can be considered to be a form of sexual harassment and this harassment is covered under Title IX of the Education Amendments ot 1972. Research nas shown that our bullied L T youth are more likely to skip school, smoke cigarettes, use alcohol and drugs, or even engage in other risky behaviors (Ponton, 2001) The lesbian, gay or bisexual youth are more than twice as likely as other youths and children to be depressed and think about or will attempt suicide (Ponton, 2001). These risks are the same whether our youth are LGBT, are heterosexual but are wrongly perceived to be LGBT, or they will even choose to hide their sexual orientations. Our schools need to develop a clear policy on bullying of any form that can be onsidered by adding sexual orientation and gender identity to their bullying policies (Office of Civil Rights, OCR, 2010). By applying these policies, it tells all students to treat everyone equally, regardless of their sexual orientation (Get Busy, Get Equal, 2006). Schools that already have an anti-bullying policy can consider to make it clear that bullying based on sexual orientation is against school policy (Get Busy, Get Equal. 2006). Like every human being, those individuals that are LGBT, they have parents and family that love them for who they are or what their sexual orientation ay be. When a person is rejected because of his or her own sexual orientation, everyone in the family can suffer the effects unnecessarily Just like those or are LGBT. For those individuals that are rejected, the consequences are often and can be very tragic. Regardless of their sexual preference, these individuals still need their families unconditional love and acceptance, and those who receive it have a greater chance of living a happy, healthy and fulfilling life. In fact, sexual orientation of all kinds, including heterosexuality, is an innate trait, not a lifestyle choice. But if you are straight, the question is, when did you decide to be attracted to the opposite sex? To be LGBT in orientation is a normal and natural human characteristic, and it is Just one of the many ways that people are different. Both the American Psychiatric Association and the American Psychological Association have recognized that homosexuality is not a mental disease or an emotional disorder. Therefore, there is no cure for a persons sexual orientation. Most of the emotional disturbances that have been experienced by gay men and lesbians all around the world with their exual identity is not based on physiological causes but rather is due more to a sense of alienation and to the unacceptance in todays environment.

Atonement as a Liberation for African American Christians

Atonement as a Liberation for African American Christians Shirley Mitchell Can the gospel message of the Atonement have a liberating message for all African-American Christians? Is there really power in the blood? JoAnne Marie Terrell in her exposition explored the meaning of the cross, sources of suffering and sacrifice from the beginning of Christianity through modern times and it is written by an African-American feminist who has suffered both abuse and oppression as a black woman.[1] (J. M. Terrell 1998). JoAnne Marie Terrell, Power in the Blood examines in her exposition the historical exploration of the meaning of the Cross and the impact it has towards the identity and history of African-Americans. From her introduction, she interprets the evil and suffering in which black theology approached the issue of the atonement and the cross. She identifies the various devices such as Negro spirituals, those oppressed in slavery, biblical texts, and other writings which conveyed both positive and negative experiences of African-Americans. She crafted her own observations by beginning with her own remembrance of the cross from slave narratives and other sources bringing them together while linking them with that of the character of Celie in the Color Purple, with the description of God echoing her own: He big and old and gray-bearded and white. He wears white robes and goes barefooted.[2] (Terrell n.d.). The Christians have always placed the great emphasis of Jesus death on the cross, though theologians often are at odds on how to interpret The Crucifixion. Many grapple with the images of torture and abuse, the suffering, and abandonment that Jesus endured while on the cross. Those of us as theologians and who study Christianity often attempt to define Gods nature by explaining Jesus final line, my God, my God, why have you forsaken me, (Matt 27:46, Mk 15:34). One may question, Did God actually forsake Jesus? The divine and human nature of Jesus were never separated. Yet, it is clear, that His fellowship with the Father was temporarily broken as He took the sins of the world upon Himself. Jesus used the words of Psalm 22, which begins with David affirming his conviction that God was in control. With the sins of the world upon him, Jesus felt the agony of separation from his Father. At times, we may feel alone, abandoned or rejected but we should remember Gods promise: Never will I le ave you; never will I forsake you (Heb 13:5). Today our social conditions continue to compel women to accept surrogacy roles. Both African-Americans and other ethnic races continue to labor as domestic workers and are often subjected to modern-day indentured servitude by our white employers. While our black men are being incarcerated at a rate 9.6 times that of white men, leaving the women to take on the role of both mothers and fathers to their children. Convinced by our churches teaching that suffering is a virtue, African-American women remain trapped in sexually, mentally, and physically abusive relationships. They are told in some of our churches to pray for them and faithfully bear their crosses. They identified with Jesus, writes Jacquelyn Grant of black women in slavery, because they believed that Jesus identified with them. As Jesus was persecuted and made to suffer undeservedly, so were they. His suffering culminated in the Crucifixion. But Jesus suffering was not the suffering of a mere human, for Jesus was understood to be God incarnate.[3] (Grant 1993, 281). Since crucifixion was a curse from God (Deut 21:22-23), the act was particularly heinous to Jewish people and what has become so despicable among us has become the instrument of our salvation. Jesus previously instructed his disciples to take up their crosses and follow him (Matt 16:24). Demetrius K. Williams finds redemptive meaning in Jesus crucifixion and how the cross sparked the formation of our religious community with an allegiance to Christ. This fellowship breaks down race, gender, and class distinctions that separate people in the larger society, and it unifies all who proclaim Christ crucified.[4] (Williams 1993). Jesus crucifixion affirmed their faith in their understanding of the saving work of Christ. It depicts all that Jesus endured overcoming evil and set believers free. For Christians, it demonstrates Gods love towards the world and our instructions that we must love God, our neighbors, and our enemies, as well as, the punishment we deserve as sinners which Jesus suffered in our place. Jesus was wounded for our transgressions, crushed for our iniquities; by His wounds, we are healed. (Isaiah 53). From the similarity during slavery, lynched bodies and Jesus body on the cross, to crosses being burned on peoples lawns, the cross has always been a source of tension in black history. Nevertheless, the cross offers our communities faith, hope, and surviving power. By appropriating Jesus Crucifixion with African-American histories in mind and the deep faith in Jesus and the biblical witness in their hearts, black theologians and feminists free the cross for redemption. It symbolizes the suffering a person may have to endure who chooses to place Christ and his kingdom first in their lives and in doing so, they renew its liberating power for other suffering and abused persons living as the least of these in society today. The Crucifixion of Jesus proclaims that love is more powerful than hate and Jesus invites us to put our trust in Him, even in the face of evil, suffering, and oppression. Therein lies the power of Jesus Cross saving power. [1]Terrell, JoAnne Marie. Power in the Blood? The Cross in the African American Experience. Eugene: Wipf and Stock Publishers, 1998. [2]Terrell, Joanne Marie. Strange Fruit: JoAnne Marie Terrells Power in the Blood. http://frjody.com/writings/seminary/strange-fruit-joanne-mari. [3] Grant, Jacquelyn. Womanist Theology: Black Womans Experience as a Source for Doing Theology, with Special Reference to Christology, in Black Theology: A Documentary History, ed. Maryknoll: Orbis Books, 1993. [4] Williams, Demetrius K. Identifying with the Cross of Christ, in the Passion of the Lord, ed. Maryknoll: Orbis Books, 1993.

Essay --

The Juvenile Justices System: How Does It Really Work For Our Girls? Girls become delinquent for many different reasons then boys based on biological, social and cultural differences in each gender. From hormones and brain development, to the child’s upbringing by families, to the way girls are expected to act in public compared to boys; a different set of circumstances exists for the reasons why girls become delinquent compared to boys. Siegel, (2007, p.174) explains this by stating. â€Å"There are indications that gender differences in socialization and development do exist and that they may have an effect on juvenile offending patterns.† Girls react differently to most situations, so it’s important to take gender into consideration when evaluating a youth’s past. For example, peer and romantic relationships often have opposite effects on young girls and boys. While boys are less likely to be involved in criminal activity when in a romantic relationship, girls tend to commit more offenses. Girls are also more likely to be afflicted with mental health disorders than boys, because of the numerous differences between male and female juvenile offenders, the ways that they need to be treated should be different as well. According to a study done by the Girls Justice Initiative, 89% of the 118 attorneys and 61% of the 97 judges interviewed across the county agree that girls in the juvenile justice system do not receive adequate services. This report offers best practices starting from how to communicate with girls when first enter to the juvenile justice system to how to best serve them after they leave in ord er to reduce recidivism rates and address the circumstances that led to their incarceration. (Bolton, 2012) Boys an... ... family time, have an open and honest communication line and never be afraid or embarrassed to seek out aid from professionals in your school, community and neighborhood. By doing some of these little things, you prevent the negative socialization that can lead to deviant behavior, at the same time you will model good behavior and keep those biological and psychological factors at bay so that you have time to deal with issues before they become real problems. As the current information exists, both boys and girls are racing towards delinquency faster and faster and though it may be a tie between the genders, the girls may be pulling in front of the boys. In any event, there are way too many participants in the race and we as parents and members of society need to help in reducing the number of racers in the sprint towards juvenile hall and ultimately adult prison. Essay -- The Juvenile Justices System: How Does It Really Work For Our Girls? Girls become delinquent for many different reasons then boys based on biological, social and cultural differences in each gender. From hormones and brain development, to the child’s upbringing by families, to the way girls are expected to act in public compared to boys; a different set of circumstances exists for the reasons why girls become delinquent compared to boys. Siegel, (2007, p.174) explains this by stating. â€Å"There are indications that gender differences in socialization and development do exist and that they may have an effect on juvenile offending patterns.† Girls react differently to most situations, so it’s important to take gender into consideration when evaluating a youth’s past. For example, peer and romantic relationships often have opposite effects on young girls and boys. While boys are less likely to be involved in criminal activity when in a romantic relationship, girls tend to commit more offenses. Girls are also more likely to be afflicted with mental health disorders than boys, because of the numerous differences between male and female juvenile offenders, the ways that they need to be treated should be different as well. According to a study done by the Girls Justice Initiative, 89% of the 118 attorneys and 61% of the 97 judges interviewed across the county agree that girls in the juvenile justice system do not receive adequate services. This report offers best practices starting from how to communicate with girls when first enter to the juvenile justice system to how to best serve them after they leave in ord er to reduce recidivism rates and address the circumstances that led to their incarceration. (Bolton, 2012) Boys an... ... family time, have an open and honest communication line and never be afraid or embarrassed to seek out aid from professionals in your school, community and neighborhood. By doing some of these little things, you prevent the negative socialization that can lead to deviant behavior, at the same time you will model good behavior and keep those biological and psychological factors at bay so that you have time to deal with issues before they become real problems. As the current information exists, both boys and girls are racing towards delinquency faster and faster and though it may be a tie between the genders, the girls may be pulling in front of the boys. In any event, there are way too many participants in the race and we as parents and members of society need to help in reducing the number of racers in the sprint towards juvenile hall and ultimately adult prison.

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Organizational Behavior Organizational behavior is the study and application of knowledge about how people, individuals, and groups act in organizations (Robbins, p.9). Organizational behavior helps build better relationships by achieving human objectives, organizational objective and social objective. Robbins, S. P. (2000). Organizational Behavior. Ninth Edition. Organizational Culture Organizational culture is something intangible, but can influences our work environments. In the workplace we can refer organizational culture as combination of its policies, beliefs, activities, and rituals. An organizational culture can support or hinder individual learning, encourage or discourage creativity, etc. Diversity   Ã‚  Ã‚  Ã‚  Ã‚  Diversity is everywhere in the United States. Individuals need to understand the dimensions of culture to be effective in the multicultural environments. To achieve business excellence, corporate decisions must be based on a wide range of contributions from people with diversity in idea, backgrounds and perspectives. The various cultures in the workplace today bring richness to the environment, as the exposure to various cultures and even beyond racial and ethical differences allow people to view ideas from various perspectives to grow as a people and a corporation. Communication Communication is defined as the process by which information is exchanged between individuals through a common system of symbols, signs, or behavior. Communication is also a technique for expressing idea effectively. A well-established communication can strengthen a group’s collective intelligence, as well as finding insights in which people often miss through traditional forms of conversation. Organizational Effectiveness and Efficiency Organizational effectiveness and efficiency http://www.politicalreviewnet.com/polrev/reviews/PUAR/R_0033_3352_001_20620.asp Organizational Learning The field of organizational learning explores ways to make organizations function more effectively by encourages employees to teach their full potential.

Georges Braque Essay -- essays research papers

Georges Braque was a French painter born on May 13, 1882, in Argenteuil-sur-Seine, near Paris. He grew up there and in the city of Le Havre where he studied at the Ecole des Beaux-Arts. He began developing his painting skills while working for his father as a house decorator. By 1900 he moved to Paris to purse the study of painting as fine art. In his early works Braques’ style was early impressionism. It wasn’t until a few years later when he was influenced in the works of well known artists such as Matisse, Derain, Cezanne, and exspecially Picasso. Braque meeting Picasso was only the beginning of a huge turning point in his artistic development. Both Picasso and Braque began to work closely together. The two of them began to develop a similar approach in painting and invented analytic cubism. Cubism is a style known for geometric shapes that are seen thorough multiple viewpoints. Both artists produced paintings of neutralized colors and complex patterns. They worked so closely together that many pieces of their work look almost identical. In many instances only experts can distinguish Braque’s paintings from Picasso’s. Later, they both began to experiment with collage. Collage is a technique of constructing images from everyday life materials such as newspapers, labels, and pieces of fabric. In 1914, Braque enlisted in the French army. During World War I he had gotten severely wounded in the head and was discharged from the army. He went back home to Paris to resume his a...

Concern in educational attainment between social groups

Nelson Mandela grew up in a state divided by apartheid. A black adult male in a state where a white minority ruled, he had a vision for South Africa ; to be one state regardless of race. In 1994 he became the first black president of South Africa – testament, so, that barriers, of any sort, should non be ground for or an apology for deficiency of attainment or accomplishment of any sort and, that barriers can be overcome. It is widely agreed that there are legion barriers to educational accomplishment and societal inclusion, among them Special Educational Needs ( SEN )[ 1 ]and disablement, Ethnicity and English as an Additional Language, and gender to call but a few. The purpose of this essay nevertheless, is to look at merely one of the barriers faced in this state, poorness, and to look at how students within this societal group are affected and how poverty affects their educational accomplishment, farther, the essay will look briefly at the development of inclusive instruction and what is presently being addressed by this and subsequent authoritiess in order that pupils, irrespective of circumstance can hold equality in instruction. In order to associate poorness with educational accomplishment and attainment spreads, a background to poorness and societal inclusion within instruction will be outlined followed by the first portion of the analysis which will look at the historical overview of inclusive instruction, current policy and counsel and its impact on minority groups ; the 2nd portion of the analysis will analyze the effects of poorness and how, in peculiar, students entitled to FSM ‘s[ 2 ]impact on the spread in educational attainment compared against kids non entitled to FSM ‘s. The concluding degree of the analysis will look at the importance of contracting the spread and the debut of the twenty-first Century School.What is poorness?At this point it is necessary to observe that, through research, it became evident that there is an ill-defined and infinite definition about what ‘poverty ‘ is and how it should be measured. However, most of the research leads to an understanding tha t poorness is to be related to in footings of ‘typical ‘ life criterions within the UK and the undermentioned definition is widely accepted: ‘Individuals, households and groups in the population can be said to be in poorness when they lack the resources to obtain the types of diet, take part in the activities, and have the life conditions and comfortss which are customary, or are at least widely encouraged and approved, in the societies in which they belong. ‘ P Townsend, Poverty in the United Kingdom: a study of family resources and criterions of life, Penguin, 1979, p31 The most important point made above and which is the chief cause of poorness is ‘resources ‘ ; to underscore more clearly, the chief cause of poorness is deficient income/unemployment which, for grownups with kids straight impacts on them and their well-being. Although the UK has a system of benefits which should protect households with kids from poorness, these excessively are deemed as excessively low. In relation to this, it accepted that whilst grownups do non take for themselves the route of poorness, for kids of parents populating in poorness there is no alternate and they are hence non merely kids but could be described as victims of circumstance. Poverty is non merely about traveling without it is about being deprived of equality in countries such as wellness, lodging and regard and, in the instance of kids, instruction. In concurrence with the definition ( above ) the DCSF ( 2009 ) goes on to depict child poorness entirely as ‘Child poorness agencies turning up in a family with low income. Research has shown that these kids will confront a greater hazard of holding hapless wellness, being exposed to offense and neglecting to make their full potency. It means they miss out on school trips, do non hold equal winter vesture and are n't able to bask leisure activities with their equals. As a consequence, their instruction suffers – doing it hard to acquire the makings they need to travel on to sustainable, well-paid occupations. This limits their possible to gain the money needed to back up their ain households in ulterior life, and so a rhythm of poorness is created. ‘ www.dcsf.gov.uk/everychildmatters/strategy/parents/childpoverty/childpoverty/What is Social inclusion?As with poorness, in order to associate societal inclusion with educational accomplishment and attainment spreads, a background and apprehension of the issues refering to societal inclusion demand to be outlined. The term ‘social exclusion ‘ is a term by and large used to depict what can go on to people who are capable to the most terrible jobs, and are hence no longer ‘socially included. ‘ As noted above, kids have no pick of background ; they are born into it and hence find themselves in poorness as a consequence of their birth circumstance. For a kid non to be socially included brings effects above and beyond economic poorness entirely. It is by and large considered that to be ‘socially excluded ‘ as a immature and waxy kid can hold far making effects damaging to both instruction and wellness hence, to surmise, to be socially excluded is to confront exclusion non merely economically but socially and academically excessively. hypertext transfer protocol: //www.cabinetoffice.gov.uk/social_exclusion_task_force/context.aspxHistorical development of inclusive policy & A ; counselBearing in head the old points, it is necessary now focus on how this and old authoritiess have attempted to get the better of some of these issues through inclusive instruction. It should besides be noted that whilst this essay is concentrating, in the chief, on the impact of poorness on educational accomplishment, the roots of inclusive instruction lay preponderantly with another minority group, kids with larning difficulties/special educational demands ( SEN ) . However, as acknowledged above ; through circumstance, students from households who are deemed as in poorness have now been identified as a group who are under accomplishing academically and, hence, as with students with SEN are a recognized minority group for which an inclusive instruction should profit. Inclusion is non a new thought and in fact has its roots at the bend of the last century where educationists, in peculiar kid public assistance innovator Elizabeth Burgwin, saw neither the purpose nor virtuousness in, what was so segregated instruction and that versions could be made to ordinary schools in order to educate all kids, whatever their ability or circumstance, together, nevertheless, there was another sentiment that kids could be ‘categorised ‘ harmonizing to their ability and taught in ‘special ‘ schools. These were kids who, in the words of the School Board for London ( 1904 ) were kids who could non be taught in ‘ordinary ‘ schools. ( Thomas, Walker and Webb, 1998 ) It became accepted that ‘segregated ‘ education/'special schools was the safe and reasonable manner frontward to run into the demands of kids with SEN ; farther, this format of schooling safeguarded the instruction of mainstream students in ‘ordinary ‘ schools, so the 1944 Education Act scripted an highly segregative station war instruction system. It was non until the mid-1960 ‘s when grounds showed deficiency of success in the system that opinions began to alter and instruction looked toward ‘integration ‘ and inclusion ( Thomas et al. , 1998 ) . Given so that the intent of inclusion within instruction is that students with SEN are integrated into mainstream instruction it is of import here to observe the difference between integrating and inclusion. The term ‘Integration ‘ was introduced in 1978 in the Warnock Report and referred to the thought of incorporating kids with SEN into a common educational model. The thought has since progressed to include all kids, non merely those with an identified SEN, but kids from all minority groups irrespective of gender, ethnicity or circumstance [ poorness ] so that a to the full inclusive instruction should be to the full inclusive of all kids and is seen to encompass diverseness. ( Warnock Report ‘special educational demands ‘ 1978 chapter 7 ) ( House of Commons: Select Committee on Education and Skills Third ReportA A 2006 ) Clarification of inclusion policy: Specifying inclusion p58 ) .Inclusive instruction‘Promoting excellence in instruction and underta king disadvantage demands we personalise learning and acquisition and back strong, advanced leading in schools ‘ Ed Balls, Secretary of State for Children, Schools and Families July 2007 – nowadays[ 3 ] ECM – Address to the National Children ‘s Bureau, 23rd July, 2007 The rule and patterns of inclusive instruction hence suggests that all students in a school, irrespective of their strengths or failings in any country, go portion of the school community ; that they are included in the feeling of belonging among other students, instructors, and back up staff farther, schools have a legal duty to educate all regardless of gender, ethnicity or circumstance in mainstream schools. Interrupting the nexus ( DSCF, 2009 ) identified that a FSM student is besides more likely to hold been identified with particular educational demands ( SEN ) and will be more likely to hold a CoP[ 4 ]statement or categorised as School Action or SA+ , it is possible that this group will besides be of a group of BEM or BESD[ 5 ]which have besides been identified as an under executing societal group. It is by and large considered that there is a relationship between these factors and intercessions such as individualized acquisition, as identified within the QCA model for inclusion, is critical to adhere to in order for advancement. For these identified groups, inclusion is non needfully merely understanding that every student will non be working on the same larning aims as every other student within that group but that the teaching method will be about recognizing where distinction would be appropriate in order to back up and suit the different acquisition demands and manners of the social/learning group and that a elaborate attack to supervising their betterment is in topographic point in order that marks may be stretched and met. Personalised acquisition ( distinction ) therefore, will be cardinal to raising accomplishment and therefore should be a cardinal constituent to contracting the spread and working towards a civilization where a kid ‘s opportunities of success are non limited by their socio-economic background, gender, ethnicity or any disablement or circumstance. Working within the inclusive model nevertheless should non be viewed as a barrier for either student or staff ; inclusion needs to be viewed as a go oning procedure of interrupting down barriers and contracting the spread to educational attainment for all kids and immature people. There are a figure of Torahs turn toing favoritism in instruction and therefore support inclusive instruction in the UK. Arguably, the most of import piece of statute law passed in recent old ages is the Every Child Matters ( ECM ) policy which, launched in 2003, was published alongside the formal response to the study into the decease of Victoria Climbie[ 6 ]and gave rise to the 2004 Children ‘s act. ECM covers kids and immature grownups up to the age of 19 ( or 24 for those with disablements ) and is the Government ‘s purpose is for every kid, whatever their background or circumstance, to hold the support needed to: Be healthy Stay safe Enjoy and accomplish Make a positive part Achieve economic wellbeing The ECM policy focussed on Inclusive Education & A ; Equality of Opportunity and placed high on the docket 3 chief countries: Human Rights – Childs have a right to larn and play together, they should non be discriminated against and inclusion is concerned with bettering schools for both students and staff likewise Equal Opportunities in Education – Children do better in inclusive scenes ( academically and socially ) , they should non necessitate to be separated in order to accomplish equal academic position and inclusive instruction is a more effectual usage of resources Social Opportunities – inclusive instruction is on portion of inclusion in society, kids need to be involved with all their equals. Assuming so that ECM and the 2004 Children ‘s act are back uping and approving inclusion, it is interesting to observe that there is grounds to propose, through the attainment spread, that societal minority groups, despite advancement and the inclusion and integrating advocated in the Warnock Report, are still under accomplishing and, that the construct of inclusive instruction is still discussed as though it applies merely to kids with an identified SEN and is non taking history of all societal minority groups, but as identified in the ‘Index for Inclusion ‘ below, it does, in fact, have a much wider range, inclusion in instruction involves: ( Booth and Ainscow 2000 ) Valuing all pupils and staff every bit. Increasing the engagement of pupils in, and cut downing their exclusion from, the civilizations, course of study and communities of local schools. Restructuring the civilizations, policies and patterns in schools so that they respond to the diverseness of pupils in the vicinity. Reducing barriers to larning and engagement for all pupils, non merely those with damages or those who are categorised as ‘having particular educational demands ‘ . Learning from efforts to get the better of barriers to the entree and engagement of peculiar pupils to do alterations for the benefit of pupils more widely. Sing the difference between pupils as resources to back up acquisition, instead than every bit jobs to be overcome. Admiting the right of pupils to an instruction in their vicinity. Bettering schools for staff every bit good as for pupils. Underscoring the function of schools in edifice community and developing values, every bit good as in increasing accomplishment. Fostering reciprocally prolonging relationships between schools and communities.Poverty and the effects on instructionIt is the purpose of this and subsequent authoritiess to raise accomplishment for all students and to interrupt the nexus between disadvantage [ poorness ] and low educational attainment. In 1999, the [ so ] authorities pledged to halve child poorness by 2010 and eliminate it by 2020, in response to this, in 2008 the authorities published a paper: Ending Child Poverty – Making it Happen 2008 underscoring their committedness to guarantee non merely that each consecutive coevals is able to derive better occupations, but that everyone has the opportunity to accomplish their possible, no affair what their background, farther the paper announced that a kid poorness Bill will be introduced in 2009. The Child Poverty Act 2010[ 7 ]ensures that sustained action must be taken to undertake child poorness by this, and hereafter, authoritiess, by devolved disposals, and by local authorities and their spouses. The act sets marks associating to the obliteration of kid poorness, and to do other proviso about child poorness. The Bill provides a statutory footing to the committedness made in 1999 and to make a model in which to supervise advancement at a national and local degree. Relevant to poorness and instruction nevertheless, is section 26 of the act which makes an amendment to the of the Education Act 1996 and gives the Secretary of State an order-making power to widen eligibility for free school repasts ( FSM ‘s ) if the kid meets prescribed conditions and the kid ‘s parent is in reception of a prescribed benefit or allowance. ( Child Poverty Act, 2010 ) Research carried out by the Joseph Rowntree Foundation in 2007 reinforced that the links between poorness and instruction were clear but complicated and that to interrupt the established relationship between poorness and hapless educational results required a alteration to the implicit in constructions ( Raffo, Dyson, Gunter, Hall, Jones, Kalambouka JRF A Review of research on the links between instruction and Poverty, September 2007 ) . Since so and with the coming of the Child Poverty Act and the End Child Poverty Campaign, inroads have been made and some 500,000 kids have been lifted out of poorness[ 8 ]nevertheless, there are still presently 4 million kids in the UK life in poorness, as defined above, which equates to an overpowering 30 % of kids all within the UK, farther, the UK has one of the worst rates of child poorness in the industrialized universe. It could be argued therefore that poorness has the ability to befog the possible and chance of a kid and hence limit the life opportunities of the kid. Evidence suggests that poorness has the capableness of determining a kid ‘s development ; before making the age of 2 ; a kid from a poorer household is more likely to be demoing lower degrees of attainment than that of a kid from a better off household and that kids turning up in poorness are more likely to go forth school at 16 with fewer makings ( End Child Poverty ; 2010 ) . In the preface to Removing Barriers to Achievement ( DfES, 2004 ) a set of specific educational ends were expressed. Chiefly, instruction is targeted as a agency to incorporate persons into society and to learn them the accomplishments necessary to take part contribute and achieve their possible. Therefore it can be assumed that the impression of inclusive instruction is a basic human right of every kid regardless of circumstance. Given so that the chance for full clip instruction is available for all and, that under international human rights jurisprudence ( and, in peculiar, Articles 28 and 29 of the UN Convention on the Rights of the Child ( 1989 ) which cover the right to instruction ) , the UK has an duty to supply [ inclusive ] instruction for all kids. ( UN Convention on the Rights of the Child: 1989 ) If it is the instance so, that ‘the right of the kid to instruction, and with a position to accomplishing this right increasingly on the footing of equal chance ‘ ( Article 28 ) , it is interesting to observe that on mean hapless kids score less good on a scope of educational steps such as reading trials in early old ages and GCSE consequences in secondary instruction, foregrounding the predicament of poorness in instruction. With the statement made in the: Ending Child Poverty papers [ to guarantee non merely that each consecutive coevals is able to derive better occupations, but that everyone has the opportunity to accomplish their possible, no affair what their background ] it must follow, hence, that portion of the reply lies in instruction as the way to a better occupation lies with makings. During the last 10 old ages schools, nationally, have benefited from authorities investing and statistics show that the attainment spread is shuting nevertheless, grounds shows that there is still a nexus between household income and accomplishment. Approximately 15 % of all students are entitled to FSM ‘s but as demonstrated [ below ] , these students are less likely to acquire 5 good ACEM[ 9 ]compared to those students non in reception of FSM. For that ground, poorness and want remain an on-going country of concern. ( DCSF: Interrupting the Link, 2009 ) The importance so of FSM ‘s for eligible students should non be under estimated as a agency to shuting the spread in educational attainment as, to mention back to the UN Convention on the Rights of the Child ( 1989 ) , article 27 provinces that no kid in the UK should travel hungry. Abraham Maslow is known for set uping the theory of a hierarchy of demands, which places, in a pyramid, the order basic demands need for motive. At the underside, are the physical demands which, although basic, we will non work comfortably without. The basic human demand is for nutrient, H2O and slumber. The center of the pyramid trades with the emotion and at the really top is self fulfillment. Using this theory illustrates and reinforces the importance of FSM ‘s for students eligible as without their basic demand met students will non work to the best of their ability as demonstrated below. Assuming so that, a kid is fed, research has shown that there is a important and immediate consequence of diet on behavior, concentration and cognitive ability. Areas straight associating to educational attainment affected by nutrition have been identified as: Developmental upsets e.g. dyslexia and dyspraxia, Memory Concentration Intelligence Attention span Attention-Deficit-Hyperactivity Disorder Aggression Accomplishment ( Sorhaindo, A. & A ; Feinstein, L. 2006 ‘What is the relationship between kid nutrition and school outcomes? ‘ Wider Benefits of Learning Research Report No 18. Centre for Research of Wider Benefits of Learning ) p 7, 11. If it is the instance so that nutrition has a clear impact on the public presentation of a student, it must hence be of premier importance to guarantee that all students entitled to FSM are in reception of them. In add-on to the above, nutrition is besides believed to impact upon behavior, which has the potency besides to impact school public presentation and interaction with equals, and compromise self-pride ( Sorhaindo et.al. , 2006 ) However, research carried out for the DCSF by the Key Stage 2 & A ; 4: National Indicator Set has shown that where students are in reception of FSM academic attainment is lower at every key phase ( as the focal point group identified is secondary students, relevant statistics merely are identified ) . By the sheer fact that a student is entitled to FSM indicates that they are from a household whose parents or carers are in reception of benefit and are hence are on low income and are entitled to use to their local authorization to claim FSM ‘s. The usage of the Income Deprivation Affecting Children Index ( IDACI ) is used in order to find FSM eligibility. This nevertheless, this is by no means a perfect system, as it misses out kids from households who do non use for all the benefit to which they are entitled ; in so making pushes the household farther into economic pandemonium as tiffins that need non needfully be paid for now become, unnecessarily, portion of the household budget. ( DCSF: Want and Education 2009 ) An attainment spread ( measured by students entitled to FSM ) is measured at each cardinal phase ; it begins at cardinal phase 1 and additions at each key phase through instruction. By the terminal of cardinal phase 4, research has shown that there was a 29 per centum point spread between FSM and non FSM students in English and a 28 per centum point spread in maths. This equates to a non FSM student holding over three times the odds of accomplishing an A*-C class in these topics compared to an FSM student. In 2007 Merely 21 % of FSM students achieved 5 ACEM[ 10 ], compared to 49 % of non FSM students. This figure had narrowed somewhat from the statistics available for 2003, whereby a non FSM student had 3.8 times the odds of accomplishing 5+ACEM, but this ratio has fallen over clip to merely 3.1 in 2007. ( DCSF: Want and Education 2009 ) . With a nexus in educational attainment holding been identified and linked to amongst others, poorness and FSM ‘s it is necessary to look at how this spread can be narrowed ; for every bit long as poorness exists in childhood there will be an addition in the hazard of grownup poorness. Intergenerational rhythms of poorness are non unbreakable or inevitable, but alterations need to be implemented or there will be a hazard that, in future old ages, the spread in attainment will impact on society, as there will be kids go forthing instruction with fewer accomplishments required by employers when come ining into the work force, which will finally impede economic growing. There is grounds to propose that poorness need non be the cause to achievement or attainment. Research carried out by Jason Strelitz, policy adviser on UK kid poorness for Save the Children, showed that with successful fiscal and policy intercession by national authorities ‘poverty ‘ as a cardinal barrier to educational attainment can be eliminated ( Jason Strelitz, The Guardian Newspaper, Thursday 21 August 2008 ) . It has been shown and is acknowledged that FSM ‘s are a clear indexs of public presentation nevertheless, in London in 2007, the mean attainment spread of kids on FSM and non FSM ‘s was 27 per centum points, the spread in public presentation between kids on FSM in the best authorization and the worst was wider still ; 37 per centum points proposing that it is non FSM in isolation entirely that is seen as a barrier but geographics and ZIP code. To exemplify ; two contrasting London boroughs: Kensington and Chelsea, with few kids on FSM, besides Tower Hamlets, who had the highest proportion of kids on FSM anyplace in the state. In 1998 Tower Hamlets ranked as one of lowest-performing governments in the state for educational attainment ; 10 old ages subsequently their consequences were above norm across the board and, for the poorest kids among the really best. It appeared the reply for Tower Hamlets was investing. During the 10 twelvemonth period identified, investing and e ducational enterprises were focused on deprived countries and the consequences were outstanding. With the exclusion of one, all of the 30 local governments that were identified saw betterment in their GCSE attainment since 1998. All, saloon one, had above mean per-pupil support. ( Strelitz, 2008 ) . This clearly demonstrates how investing in instruction can work to contract the spread in attainment and that poorness, is non needfully a barrier to instruction. However, it should be remembered that the investing has been made in the educational system/framework non the person and that the kids themselves, due to household circumstance, are still really in poorness although the chance of a good/better instruction has been afforded them and which will be the key to their hereafter and the chance for them to travel on into higher instruction or employment giving them the chance of interrupting intergenerational rhythms of poorness. It is clear so from the above that jobs within the instruction system have been identified and are being addressed, through statute law thrust and frontward thought as fiscal investing entirely will non work out the job, nevertheless, it does bespeak that the job can be solved. Working on the guidelines for alteration recommended in ECM the authorities has produced a series of documents aimed at sketching the manner frontward to contract the spread for specific groups. June 2009 saw the publication of the current authoritiess ‘ white paper: Building a twenty-first Century School System along with Interrupting the Link. Constructing a twenty-first Century School System proposes the manner forward for instruction. It paperss how this and future authoritiess will construct on the bing school system to make a new system that will supply an instruction that is able to move in response to the challenges of society. Further it looks at and endorses a wholly inclusive educational system taking to interrupt the nexus between want, disadvantage, disablement and low educational attainment and so impacts upon intergenerational poorness as discussed above and where every kid, irrespective of gender, ethnicity or circumstance [ poorness ] will hold the chance to develop and derive the accomplishments necessary to win in the of all time altering planetary clime. ( DCSF: twenty-first Century School System ) One component of the twenty-first Century School is ‘Extended ‘ services within schools. This has now been implemented in 72 % of schools countrywide and it is intended that by the terminal of 2010 all schools will offer ‘extended ‘ school services. The purpose being, to hold integrated wellness and societal attention on site every bit good as kid attention and after school installations ; thereby guaranting that jobs which may potentially stand in the manner of students larning are more easy and readily cover with. However, informations to day of the month shows that whilst consciousness of and satisfaction with services among parents is comparatively high, there remains a engagement spread between FSM eligible students and those non eligible, with non FSM demoing typically a 10 % higher engagement rate. The issue hence is to farther promote the deprived groups and, in peculiar those eligible for FSM, to take part and do usage of the offer. The engagement spr ead indicates that kids from poorer backgrounds are less likely than their equals to hold used to such installations and are hence less likely to province that the service meets their demands on the other manus the information shows clearly that advancement is being been made in enabling deprived kids to take part in quality after school activities, but that more demands to be done to maximize the benefits of these activities to convey this groups battle with acquisition. ( DSCF: Interrupting the Link, 2009 )DecisionIt is non poverty entirely that is the barrier to educational accomplishment. Poverty is circumstance. This and subsequent authoritiess can, and should put in instruction in order to give our kids the chance they need to interrupt away from intergenerational poorness and to shut the spread in educational accomplishment and societal inclusion. While kids are denied their basic human right of an instruction – equal for all, no affair their current circumstance, they will stay in poorness. Bettering life opportunities through instruction, for all, is non an unrealistic aspiration but does demand the committedness of policymakers, both national and local, schools, spouse bureaus and parents to work together, to be focused on presenting alteration for all. As Nelson Mandela broke through his barrier and proved that race need non keep back accomplishment, this state excessively can interrupt down barriers ; kids from all backgrounds can accomplish – poorness does non and should non be a barrier to attainment.