The impact of VAC Therapy on management of sternal wound infections Literature review

The impact of VAC Therapy on management of sternal wound infections after cardiac surgery - Literature review Example The impact of VAC Therapy on management of sternal wound infections after cardiac surgery Sternal wound infection after cardiac surgery is a serious problem resulting in increased patient morbidity; mortality and duration of hospital stay (Luckraz et al 2003). The incidence of this infection has been variably reported as 0.5 to 5% and the resultant mortality as 10 to 25% (Sjogren et al 2006; Schimer et al 2008). Conventionally, many management techniques have been recommended to treat this complication like surgical debridement with open dressings, closed irrigation of the infected wound, or reconstruction with vascularised omental or pectoral muscle flaps (Domkowski et al 2003). Vacuum assisted closure (VAC) therapy is one of the newer modalities to treat this complication (Evans & Land 1997) which has been widely adopted. Application of negative pressure was successfully used for treating chronic wounds such as diabetic foot ulcers (Eneroth &Â  van Houtum 2008; Ubbink et al 2008). After it was found successful in achieving faster healing in these wounds, use of this therapy has been extended for the management of sternal wound infections as well (Luckraz et al 2003; Domkowski et al 2003; Hersh et al 2003; Sjogren et al 2006). However, i t hasn’t been proven yet with good evidence that its efficacy is more than the conventional treatment. Thus, the main objective of this review is to determine the effectiveness of vacuum assisted closure therapy in the management of wound infection after cardiac surgery. ... Also, it allows re-examination of the wound and bedside debridement, as and when required. To apply negative pressure, wound area is packed with special dressing (polyurethane sponge/foam or polyvinyl alcohol foam) and covered with a transparent tape which seals the wound. A drain tube passes through this tube which is connected to a vacuum tube which sucks out the fluid through this drain tube. Negative pressure applied is in the range of -75 to -125 mm Hg (MAS 2006). Conventionally, medical (antibiotics) and various surgical modalities have been used in the treatment of deep sternal wound infections (DSWI) (Singh, Anderson & Harper 2011). Surgical management options include closed suction antibiotic irrigation system, omental flap reconstruction, pectoralis major, latissimus dorsi or rectus abdominis muscle advancement or rotation flap, and microsurgical free flap. Early wound exploration is combined with any of these techniques. Regimen of sternal fixation with sternal plating sys tem is also getting popular (Singh, Anderson & Harper 2011). Traditional methods of wound care involve regular cleaning and dressing of the wound different kinds of dressing materials from simple gauzes to chemical impregnated gauzes as per the type of the wound. However, VAC therapy is being projected as one solution for multiple wound types. Search strategy A manual search was conducted for the journals, books and other data related to the subject. Internet was also accessed for searching for journal articles pertaining to the subject. CINAHL database via the EBSCO host platform was utilized to perform a literature search because it is the most wide-ranging nursing database and is easy to search. MEDLINE and COCHRANE database

Review Righteous Dopefiend by Philippe Bourgois and Jeff Schonberg Essay

Review Righteous Dopefiend by Philippe Bourgois and Jeff Schonberg - Essay Example homeless who are always hustling for the drugs over food and shelter and evaluate the way in which this segment of society functions to create their own culture and system, specifically with the desire to have more heroin available for their use. Throughout the book, the author’s relay different segments of the homeless population to show the different functions and roles that are a part of the community. Different stories are told about the heroin users and how they work to create an aspect of society that is based on using illegal drugs. This is followed by ethnographic figures that take place through a series of photographs to show the lifestyle and conditions of the individuals that are a part of the community. Through the documents that were taken, was the ability to capture a space in society that is often regarded as morally wrong and which doesn’t account for the social truth and realities that the righteous dopefiend’s carry in culture. The main argument that the author present is to represent the homeless and the righteous dopefiend’s in a different light. The authors’ state in the beginning that the observations taken from the homeless are not regarded as one that is morally objective. Instead, the photographs and stories are an anthropological representation of culture and society. It is the authors’ desire to create a different viewpoint of the homeless that are addicted to heroin, not from a righteous or morally fit viewpoint, such as society views. Instead, the book is based on observing how the culture and society of homeless addicts functions. The book remains neutral and is not objective in observations and instead shows how the individuals survive and what they regard as important in their lives. The author combines this with evaluations from the segments of society, such as the difference between the younger addicts and the older generations. The main thesis that the authors’ are able to provide through these

Bespoke Form of Contracts: A Scourge or Necessity?

Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

FROM A DIFFERENT PERSPECTIVE :: Essays Papers

FROM A DIFFERENT PERSPECTIVE In my 205 I was asked to consider how and why my writing changes from one community to another. This essay represents the results of that exploration. My writing style changes greatly between the communities of academia and newspaper journalism. In both academic and newspaper writing I am compelled to include as much information as possible, yet the two call for completely different styles. I think this difference exists because the two forms of writing have different objectives. The general objectives of a newspaper article are to examine a story or issue, to introduce the public to the issue, and to provide a forum for others' opinions. With a few exceptions, newspapers don't have the time or the space to delve into an issue; instead they introduce it and possibly follow it up later with another story. The general objective of most academic writings I have done is to comprehensively answer a question. This involves a far more exhaustive exploration of an issue. Often in academic writing, the question itself provides the objective and defines the content of the writing. The fundamental differences in purpose between newspaper and academic forms of writing manifest into more clearly defined differences. The most obvious difference between the two forms of writing is structure. By using the term "structure," I am referring to the length and context of the piece of writing. Structure is an important factor because it sets the ground work for my writing. In academic writing, I try to cite numerous examples or personal experiences to illustrate a point. Newspaper writing requires that I condense my points. The writing is supposed to be simple, yet informative, and is crammed into a few inches of type. Writing to fill six inches of type is quite different than filling six double-spaced pages. Structure also translates into differences in word usage. Because of space constrictions, every word counts when writing for a newspaper. The key is to say as much as possible in the fewest words possible. There is a specific "newspaper style" which calls for short paragraphs, constant attribution of information, active voice, and numerous other writing guidelines. According to newspaper style, paragraphs should be one or two sentences long, with each paragraph including a complete statement or thought. This allows the reader to move from point-to-point quickly, without becoming bored and losing interest in the story. Information in newspaper articles must always be attributed.

Law and Morality Essay

There has been an ongoing debate about the relationship between law and morality. Numerous writers and philosophers have proffered arguments on how law is affected by morality. The question it is believed is no longer if morality affects law, it is to what extent is law affected by morality? And should there be any limitations on the relationship between law and morality? The law and morality conflict has been persisting for many years. Both the natural law theorists and the positive law theorists would agree that there is a relationship between law and morality. The argument has now moved to what degree morality should play in law? The obvious indication that this has been laid to rest is HLA Hart’s concession made at the onset of his book, Law, Liberty and Morality. He said that there is a definitive answer of yes, that historically and casually law has been influenced by morality. In his book Hart focused on the legal enforcement of morality and likewise this essay is concerned with that question. It is believed this is the only debatable divide between law and morality. The debate became a hot topic in the 1950’s after the creation of a commission to investigate and report back on sexual moralities. The commission led to the publication of the Wolfenden Report in 1957. The report at it outset defined the purpose of criminal law as: .. to preserve the public order and decency, to protect the citizen from what is offensive and injurious and to provide sufficient safeguards against exploitation and corruption of others especially the vulnerable, that is the young, weak in body or mind, inexperienced or those in a state of physical, official or economic dependence. The Law should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary to carry out the above purpose. Before embarking on the discussion proper, a definition is required for morality and for what law is. Morality according to the Merriam-Webster online dictionary is (a) a doctrine or system of moral conduct; (b) particular moral principles or rules of conduct; or (c) conformity to ideals of right human conduct. Law on the other hand is defined as â€Å"a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority. † That is morality is not enforceable by its definition while law is. Moralities are normative rules applied to a society or a sub-group of society that does not bind them in a court of law. The only enforceability of morality by its definition is from the group applying peer pressure. There are two main schools of thought in this divide between law and morality, the natural law theorists and the positive law theorists. The natural law school bases much of their ideas of law in their religious beliefs or other transcendental force such as nature. While positivists argue that law has no necessary basis in morality and that it is simply impossible to assess law in terms of morality. Opposition Supporters of the legal positivist school, such as Hart and Mills, purports that law should be in a different sphere from morality. Utilitarianism, a subgroup of the positivism, believes that laws should only serve for the maximization of utility or happiness for the majority. John Stuart Mills said that instead of society imposing morality on members of a society, the individuals should be free to choose their own conduct. Utilitarian’s are not concerned with the morality of law. They believe that law should only play a minimal role in an individual’s life. Persons should be free to do whatever they want as long as it does not harm another. This is referred to as the ‘harm principle’. Mills said â€Å"the only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to others†. Mills went on and said that not even for the individual’s own good should such power be exerted. This argument is rebuttable in that not because there was no immediate physical harm to another, there was no harm. It could be argued that someone taking drugs or proliferating pornography causes ripple effects that may result in harm to others. Pornography promotes women as sexual objects and thereby promotes sexual violence against women. Drug users, by their combined effect, have led to the growth of large underworlds that not only supply drugs but commits direct victim crimes such as murder. If Mills theory is to be adhered to, this would mean that even in a situation of explicit sadomasochist sexual practices that could result in the injury to participants, the law should not get involved to prevent harm. This is because the individuals consented to such acts and no one will be harmed except the willing participants. In this light R v Brown would have been decided incorrectly. Hart said that the judges in Shaw v DPP, where the defendant was convicted for conspiracy to corrupt public morals after publishing a booklet containing details of prostitutes and their sexual practices, â€Å" seemed willing to pay a high price in terms of the sacrifice of other values for the establishment or re-establishment-of the court as custos morum. † The value Hart was referring to is the legality principle of Lon Fuller. He was suggesting the ruling made the law imprecise and thereby itself immoral. Fuller suggests that for law to be moral there must be eight elements referred to as the ‘inner morality of law’ or ‘principles of legality’ or ‘procedural natural law’. The eight elements are generality, promulgation, non-retroactivity, clarity, non-contradiction, capability of compliance, constancy and congruence. These elements Fuller suggests are what a good legal system should aspire for but no one system has or is expected to perfect all elements. However, significant lack of these elements may mean that a system is an immoral legal system and could support tyranny. Fuller said that tyranny is a result of the break down of the internal morality of law and was the case in Nazi Germany. Hart made that very connection between the principles of legality and tyranny when he suggested that there was no adherence to the principles of legality in Shaw v DPP and by extent was in itself immoral law. The central problem with morality is whose morality is the right morality to enforce. Nazi Germany is the best example of law enforcing morality. This is why caution must be used with the continued growth of the court making moral judgements and pronouncing itself as the custos morum. Hart said that there are several flaws with the use of law to enforce morality and if no such enforcement exists it would not necessarily lead to the disintegration of society. He said that society can support several different and sphere of morality. What is considered moral in one country is not necessarily the same in another. On a smaller scale, what is considered moral in one religion within a country may not hold true for another, yet they can exist in relative harmony through mutual respect. He also said that by using law to enforce morality will result in the stagnating of morals in time. It is evident that morality changes with time and what was immoral years ago would not be immoral today. Sometimes the existing laws do not match changes in societal. In the case R v R, where a husband was charged with attempted rape of his wife, the existing law at the time was outdated in respect of the current moral standards of society. If the courts had followed the law as was, they would directly contradict the will of society and the husband would not have done anything illegal. In that case the court made a value judgement, one based in morality to adapt to the change in the morality of society and found that a husband could in fact rape his wife. This case demonstrates the role morality plays in law. If courts did not have any moral basis, then this may lead to disconnect between the law and society. In R v R the courts had a choice either observe an immoral precedent or to adapt itself to the changing morality of the society. Although the judges may try to propound that they only declared what the law was, this judgement is one on moral basis. Should the judges have followed the law at the time that a man cannot rape his wife? Wouldn’t that have led to an infringement on the woman’s individual right? Are judges the right people to expound morality? Supporters The idea that morality has no place in law has been refuted by many theorists such as Hyman Gross and Lord Devlin. Gross contended that Law and morality are one and the same. Laws are inherently moral and that is why acts like murder, rape and theft have been made illegal. Law and morality cannot be separated as the society creates law based on the foundation that the behaviour being address has to be immoral or undesirable by the reasonable man. The problem with this view is that this cannot explain acts that are prohibited by law but not immoral or the reverse. Sex outside of marriage brings a very strong social scourge but no one believes that adultery rise to the level for legal reprimand. Devlin argued that there is an underlying moral web that keeps society together and it should be protected by law. His approach has some aspect of social contract theory, which suggests that everyone in society is there by agreement. He said that to exist in a society there must be some general principles that members have a consensus on. It could be said to be analogous to a family. In a family there may be several different personalities, but what keep them functioning like a unit is that there are underlying similar values that act as a cohesive bond between members. Devlin said in â€Å"The Enforcement of Morals† (1959) that: â€Å"Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its government†¦ the suppression of vice is as much the law’s business as the suppression of subversive activities. â€Å" Former Minister of Justice of Jamaica, Senator Harding, in his speech at the inaugural lecture at the Institute of Law and Economics said it would have been helpful if Lord Devlin had provided examples of some modern societies which have disintegrated because of the loosening of moral bonds. And it might be a better thing for some societies to disintegrate by loosening its moral bonds. Nazi Germany comes to mind; those societies disintegrate from within more frequently than there are broken up by external pressures†¦ Devlin said that it is morals that hold society together and should therefore influence the development of law. He goes further and said that even if private acts are considered to create sufficient public disgust, that is if the ‘reasonable’ man finds this act so unacceptable then it threatens the moral fabric of society and should be subject to criminal punishment. He describes a limit of tolerance as to how much of an immoral act society or the reasonable man can tolerate. Once society passes this limit then something must be done to intervene. Lord Devlin did not suggest that it is all immorality that should be sanctioned. He suggested that the ones that bring ‘right-minded man’ to disgust should be. It is not believed that Devlin was out of touch with the state of developing individual liberty. It is how far those individual liberties will be allowed to infringe on the general public morality and liberty? There needs to be a balance between the individual’s right and the general public’s. Lord Devlin asked if society has the right to make judgment on individual morality. He answered yes, and this seems to be the accepted approach in R v Brown and Shaw v DPP. There is no where in the past were law has developed in an abstract. Law has developed along with the social changes as R v R Devlin also proposed a guideline for the implementation of statutes. He supported individualism and suggested that persons should have the maximum amount of freedom to do as they wish, except when it conflicts with the society’s integrity. He also said that law should only be created to sanction behaviours that are gross, not just merely immoral. And finally, the law should only set the minimum basic standards expected of individuals. Conclusion Morality is important to the integration of society and if the mythical social contract theory has any weight it is in fact as Devlin suggest the web that holds it together. However, it can also be dangerous and may also be the underlying reason for actual disintegration of society as in Nazi Germany. There is no correct answer or side. The answer rest in the balance: the balance between the individual right and that of society, the balance between the positivist and the naturalist, the balance between the heterosexual and the homosexual. The individual should have the right to do as he feels but there has to be limitations. The extremes of either side of the debate are the danger zones but the answer lies in the indefinable, undiscoverable shadows of the gray that rest between the divide. Bibliography 1. MDA Freeman, Introduction to Jurisprudence 8th Edition (Sweet & Maxwell) 2. Http:sixthformlaw. info/01_modules/other_materials/law_and_morality_/08_hart_devlin. htm 3. HLA Harts, Law, Liberty and Morality (University of Stanford Press) 4. Dwight Bellanfante, â€Å"Keep the law out of Gays Bedroom† (The Jamaica Observer October 31, 2004). 5. Elliott & Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), 6. ‘Criminal Law’, Clarkson and Keating, (Sweet & Maxwell), 2007 7. Gary Slapper And David Kelly, The English Legal System 11th Edition (Routledge, UK) Page ——————————————– [ 1 ]. Law, Liberty and Morality, H. L. A Hart, Stanford University Press, 1963. Page 1 [ 2 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 657 [ 3 ]. http://www. merriam-webster. com/dictionary/morality, accessed 20th October 2010. [ 4 ]. http://www. merriam-webster. com/dictionary/law, accessed 20th October 2010. [ 5 ]. Gary Slapper And David Kelly, The English Legal System 11th Ed (Routledge, UK) Page [ 6 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 655-656 [ 7 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 3 [ 8 ]. Ibid [ 9 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 656 [ 10 ]. [1993] 2 All ER 75 [ 11 ]. [1961] 2 W. L. R 897 [ 12 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 7 [ 13 ]. [1961] 2 W. L. R 897 [ 14 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 658 [ 15 ]. Ibid [ 16 ]. [1992] 1 A. C. 599 [ 17 ]. [1994] 1A. C. 212 [ 18 ]. ‘Criminal Law’, Clarkson and Keating, sweet & Maxwell, 2007 [ 19 ]. ‘Keep law out of gays’ bedrooms’ says Harding, Dwight Bellanfante, Observer staff reporter Sunday, October 31, 2004 [ 20 ]. [1994] 1A. C. 212 [ 21 ]. [1961] 2 W. L. R. 897 [ 22 ]. [1992] 1 A. C. 599 [ 23 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), Page 658.

Colombia Essay Essay

Colombia is a country in South America in the northwestern part of the continent. Colombia has a lot of natural resources, including beautiful beaches, dramatic mountains, and lush rain forests, but it is known for its political unrest and the violent influence of powerful drug cartels. Despite a long history of democratic government, Colombia has one of the most rigidly stratified class systems in Latin America. Colombia is the only country in South America with coasts on both the Caribbean Sea and the Pacific Ocean. Its neighbors on the east are Venezuela and Brazil; on the south, Ecuador and Peru; and to the northwest, Panama. The capital and largest city is Bogota. Colombian society is divided between the upper and lower classes, with a large and growing gap between them. A substantial middle class developed during the 20th century, a product in part of fairly widespread land ownership associated with the country’s coffee economy. Many of the attitudes that led to Colombia’s sharp class divisions originated in 16th-century Spain and became ingrained in Colombian society during the colonial period. Family lineage, inherited wealth, and racial background continue to be powerful determinants of status. Economic progress during the last 100 years has been substantial, but political, social, and economic power continues to be concentrated in the hands of the small upper class. Since the mid-20th century, Colombia has been torn by violence. Struggles between left-wing guerrillas, right-wing paramilitary groups, and the Colombian armed forces have convulsed much of the countryside. Colombia has also been plagued by an illegal drug trade that flourished in the country as a consequence of the growing demand for narcotics, particularly cocaine, in the United States and other rich, industrialized countries. The Colombian government has attempted to limit drug production and negotiate a peaceful settlement with the rebel forces. At the beginning of the 21st century, however, Colombia still experienced upheaval, and violence had become a daily experience for many Colombians. The total land area of Colombia is 440,831 sq mi. Colombia lies almost entirely in what is known as the Torrid Zone, the area of the earth’s surface between the Tropic of Cancer and the Tropic of Capricorn. The climate, however, varies with elevation. The low regions along the coast and the deep Pata and Magdalena river valleys are extremely hot, with average annual temperatures of 24 deg; to 27 deg C (75 deg; to 81 deg F). From about 500 to 2,300 m (about 1,500 to 7,500 ft) the  climate is subtropical, and from about 2,300 to 3,000 m (about 7,500 to 10,000 ft) it is temperate. Above about 3,000 m (about 10,000 ft) is the cold-climate zone, where temperatures range from -18 deg to 13 deg C (0 deg to 55 deg F). About half of Colombia’s land is forested. To the north and west of the Andes, tropical forests line the major riv ers and fringe the coastal areas. East of the Andes, the forests become denser as they approach the Orinoco and Amazon rivers. Pastureland occupies about 40 percent of the country and is mostly located in the basins between the Andean highlands. Cropland accounts for a mere 4.1 percent of the land, with no more than 1.7 percent supporting permanent crops. Most of the arable land is found in patches on the Andean mountainsides. The mineral resources of the country are varied and extensive. Colombia ranks as the world’s major source of emeralds, most of which are mined in the western department of Boyac. Other significant reserves include petroleum and natural gas, located mostly in the northeast. Most coal deposits are located on the Guajira peninsula on the country’s northeast coast. Gold and silver are found dispersed in veins throughout the central highlands. Iron ore, salt, platinum, and uranium are other important natural resources of Colombia. Colombia contains several fertile low-lying valleys, but only 4.1 percent of the country’s land area, chiefly at higher elevations, is cultivated. The country’s agricultural regions suffer from soil exhaustion and erosion. These problems stem largely from slash-and-burn farming methods, in which forestland is cleared by cutting down and burning the existing plants. Colombia is divided into 32 departments and one capital district. Colombia’s capital and largest city is Bogota, an industrial center with a population (2000 estimate) of 6,422,198. Located on a mountain plateau in the Cordillera Oriental, it is the heart of cultural and political life in Colombia. Cali (2,128,920) lies in the Cauca Valley. The city began as a center for coffee production, but it later developed as the commercial heart of the entire southern region. Medellà ­n (1,885,001), situated in a highland valley of the Cordillera Central, ranks as the most important economic area. Originally settled by migrants from Cartagena, Medellà ­n grew into a gold-mining town, a general commercial settlement, and finally an important manufacturing center. Other important commercial cities include Barranquilla  (1,549,197), which boasts a seaport and a major international airport, and Cartagena (829,476), a seaport and oil pipeline terminal. The Colombian population has a dive rse racial makeup. About 58 percent of the people are mestizo (of mixed European and Native American ancestry), about 20 percent are of unmixed European ancestry, and about 14 percent are mulatto (of mixed black and European ancestry). Blacks account for 4 percent of the population, mixed black and Native Americans for 3 percent, and unmixed Native Americans for 1 percent. The main religion in Colombia is Roman Catholicism; about 96 percent of the people are Roman Catholics. Although it is not the official state religion, Roman Catholicism is taught in all public schools. Small Protestant and Jewish minorities exist. Coffee is still Colombia’s principal crop, although Colombia was recently surpassed by Vietnam as the second largest coffee producer in the world after Brazil. Colombia remains the world’s leading producer of mild coffee, but in the mid-1990s petroleum became the country’s largest source of foreign income. In the mid-1970s coffee accounted for 80 percent of Colombia’s export earnings; by the early 2000s coffee brought in less than 10 percent of export earnings. High production costs and low international prices combined to reduce the earnings of Colombian coffee growers. Coffee is cultivated chiefly on mountain slopes from about 900 to 1,800 m (about 3,000 to 6,000 ft) above sea level, principally in the departments of Caldas, Antioquia, Cundinamarca, Norte de Santander, Tolima, and Santander. More than 150,000 mainly small coffee plantations extend over approximately 1 million hectares (approximately 2.5 million acres). Coffee output totaled 702,000 metric tons in 2003, with most of the exported coffee going to the United States. While coffee is Colombia’s leading agricultural product, the country’s diverse climate and topography permit cultivation of a wide variety of other crops. Annual production of principal cash crops in addition to coffee includes cacao bean s (47,000 metric tons), sugarcane (36.6 million), tobacco (29,000), cotton (100,000), bananas, and cut flowers. Chief food crops are rice (2.5 million), cassava (1.8 million), potatoes (2.9 million), and plantains. Plants producing pita, sisal, and hemp fibers, used in the manufacture of cordage and coarse sacking material, are also cultivated. The livestock included cattle, hogs, sheep, and horses. The production of drug-related crops took on significant proportions starting in the 1970s  with the cultivation of marijuana. Although Colombia has become notorious for its cocaine supply, the processing of coca leaves was more significant than actual coca plant cultivation in the country until the mid-1990s. As the supply of coca, primarily from Peru and Bolivia, was disrupted, coca growing in Colombia increased significantly. Opium poppies, used to make heroin, also became a significant source of revenue despite government efforts to stop their cultivation. It was estimated that from 1980 to 1995 the value of illegal drug exports amounted to almost half the value of Colombia’s legal exp orts. Colombia’s government has undergone several changes since the mid-20th century. One of the most significant was the adoption of a new constitution in 1991. The new constitution replaced the 1886 constitution and provided for a more decentralized, pluralistic, and democratic government. Colombian governments also had to contend with major changes in the national economy. After 1980 Colombia began exporting large amounts of illegal drugs, primarily cocaine. The estimated value of illegal drug exports amounted to almost half the value of Colombia’s legal exports from 1980 to 1995. Earnings from the drug trade helped Colombia avoid the debt crisis that afflicted much of Latin America during the 1980s. But by cheapening the dollar and thereby overvaluing the Colombian peso, the drug trade also undermined the competitiveness of Colombia’s legal exports by making them more expensive than similar exports from other countries.

To what extent did organised c essays

To what extent did organised c essays To what extent did organised crime and The Mafia cause Prohibition in the USA, 1919 to 1933, to fail? When answering this question, it is important to define the terms within it, specifically The Mafia. American history is inseparable with the role of the gangster and the mafia and its notoriety grew immensely during the time period. It was largely due to the Prohibition Laws that enabled them to get such a strong grip on society. Even after the amendment was repealed, they had established themselves within American life and culture and simply moved on into gambling, prostitution and security, all aspects that we associate the mafia with today. During the First World War, the government had placed a temporary ban on alcohol. It was seen as though alcohol, which was largely brewed by German companies, was inappropriate and led to social problems. It was also seen as using up vital crops that could help the war effort and many business leaders, John D. Rockefeller in particular, believed that workers would be more industrious if alcohol was removed from society. And so, in 1919, through the 18th Amendment to the Constitution, ...the manufacture, sale, or transportation of intoxicating liquors...is hereby prohibited.1 The Volstead Act, which was passed by Congress in 1919, gave the amendment a law and so could be enforced judicially. It copied the amendment, prohibiting the manufacture, transportation and sale of beverages containing more than 0.5 per cent alcohol. However, by 1933, prohibition had been repealed by the passing of the 21st amendment to the constitution. The period that saw this huge political and social change within society, the 1920s, was a difficult period for the USA and also the World. Many place the Great depression, caused by the Wall Street Crash in 1929 as a contributing factor to the repeal of prohibition. Many suggested that if...

marketing mix of amazon Essays

marketing mix of amazon Essays marketing mix of amazon Paper marketing mix of amazon Paper marketing mix of amazon BY JCEEI The marketing mix is the combination of marketing activities that an organisation engages in so as to best meet the needs of its targeted market. Traditionally the marketing mix consisted of Just 4 Ps with 3 extras; an example of marketing mix is Amazon. The most difficult task for any organization is creating an all-around environment which allows a group of customers to feel comfortable purchasing their products or services. The strategy requires the organization to determine the ideal products or services at the right price, getting sold in the correct location, to the right ustomers, the type of incentives offered, payment and delivery of product, the edge of their product and within the proper time frame. My paper intends to describe how Amazon. com uses the marketing mix to ensure an ideal environment for consumers, and displays how the 7ps are implemented. Amazon was founded in 1994 and is considered the largest e-commerce retailer in America. In 20 years this organization has become a fortune with 500 companies that have dominated the e-commerce market which has displayed unique growth and understanding of their market and their client needs. Amazon is a very successful organization, they have experience many threats from other competitors, market fluctuations, and basic uncertainties within the market. However, the firm intends to handle these issues by looking toward their future and addressing the initiatives and long-term goals of the organization. nd Just do it caJsahJ s] uhdh ba The marketing mix is the combination of marketing activities that an organisation engages in so as to best meet the needs of its targeted market. Traditionally the marketing mix consisted of Just 4 Ps with 3 extras; an example of marketing mix is Amazon. The most difficult task for any organization is creating an all-around environment which allows a group of customers to feel comfortable purchasing their products or services. The strategy requires the organization to determine the ideal products or services at the right price, getting sold in the correct location, to the right customers, the type of incentives offered, payment and delivery of product, the edge of their product and within the proper time frame. My paper intends to describe how Amazon. com uses the marketing mix to ensure an ideal environment for consumers, and displays how he 7ps are implemented. Amazon was founded in 1994 and is considered the largest e-commerce retailer in America. In 20 years this organization has become a fortune with 500 companies that have dominated the e-commerce market which has displayed unique growth and understanding of their market and their client needs. Amazon is a very successful organization, they have experience many threats from other competitors, market fluctuations, and basic uncertainties within the market. However, the firm intends to handle these issues by looking toward their future and ddressing the initiatives and long-term goals of the organization. The marketing mix is the combination of marketing activities that an organisation engages in so as to best meet the needs of its targeted market. Traditionally the marketing mix consisted of Just 4 Ps with 3 extras; an example of marketing mix is Amazon. The most difficult task for any organization is creating an all-around environment which allows a group of customers to feel comfortable purchasing their products or services. The strategy addressing the initiatives and long-term goals of the organization.

Miller Surname Meaning and Origin

Miller Surname Meaning and Origin The common Miller surname is usually occupational, but there are also other possibilities. Miller is usually an occupational surname referring to a person who owned or worked in a grain mill.The Miller surname also possibly be derived in some instances from the Gaelic words meillear, meaning having large lips; malair, or merchant; or maillor, a man wearing armor or a soldier.In ancient times the Miller surname originated from the Molindinar (mo-lynn-dine-are), a Scottish burn (rivulet) that still flows under the streets of modern Glasgow. Surname Origin:  English, Scottish, German, French, Italian Alternate Surname Spellings:  MILLAR, MILLS, MULLAR, MAHLER, MUELLER, MOELLER Fun Facts About the Miller Surname: The popular Miller surname has absorbed many cognate surnames from other European languages, for example, the German Mueller; the French Meunier, Dumoulin, Demoulins, and Moulin; the Dutch Molenaar; the Italian Molinaro; the Spanish Molinero, etc. This means that the surname alone doesnt really tell you anything about your distant family origins. Famous People with the Surname MILLER: Arthur Miller (1915-2005) - American playwright best-known for his Pulitzer Prize-winning play Death of a Salesman.Shannon Miller - American gymnast and Olympic gold medalistAlice Duer Miller - American womans suffrage activist, journalist, and writerWilliam Miller - author of Wee Willy Winkie and other nursery rhymes (1810-1872)Reggie Miller  - American basketball player Genealogy Resources for the Surname MILLER: 100 Most Common U.S. Surnames Their Meanings: Smith, Johnson, Williams, Jones, Brown... Are you one of the millions of Americans sporting one of these top 100 common last names from the 2000 census?Miller Family History: Gary Miller offers information on his Miller families of Chester and Columbia counties in Pennsylvania, along with some transcribed Miller records from Ohio, Pennsylvania, and New York.Miller Genealogy of Western North Carolina: Marty Grant has provided a huge amount of information on his three Miller lines in Western North Carolina, along with links and information on other Miller families around the world.Miller DNA Study: This large DNA surname study includes over 300 tested members of the Miller family with the goal of untangling 5,000 distinct Miller lines in the world today.Miller Family Genealogy Forum: Search this popular genealogy forum for the Miller surname to find others who might be researching your ancestors, or post your own Miller query.FamilySearch - MILLER Genealogy: Explore over 22 million historical  records, digital images and lineage-linked family trees posted for the Miller surname and its variations on this free website of the Church of Jesus Christ of Latter-day Saints. MILLER Surname Family Mailing Lists: RootsWeb hosts several free mailing lists for researchers of the Miller surname.DistantCousin.com - MILLER Genealogy Family History: Free databases and genealogy links for the last name Miller.- References: Surname Meanings Origins Cottle, Basil. Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967. Menk, Lars. A Dictionary of German Jewish Surnames. Avotaynu, 2005. Beider, Alexander. A Dictionary of Jewish Surnames from Galicia. Avotaynu, 2004. Hanks, Patrick and Flavia Hodges. A Dictionary of Surnames. Oxford University Press, 1989. Hanks, Patrick. Dictionary of American Family Names. Oxford University Press, 2003. Smith, Elsdon C. American Surnames. Genealogical Publishing Company, 1997.

Military Industrial Complex Essay Example | Topics and Well Written Essays - 1500 words - 2

Military Industrial Complex - Essay Example vast proportions†¦ The total influence – economic, political, even spiritual – is felt in every city, every statehouse, every office of the federal government†¦ In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. (Eisenhower, 1961) What this Eisenhower speech underscored was that the link between economics and war is a real one especially that the connection operates in contemporary capitalist society through money- making and globalization. Hence, its influence crept up to the highest echelon of the government influencing policy-making to the extent of war-mongering in order to profit. Unfortunately, Eisenhower’s warning is starting to be lost amid the rapid and numerous economic and political developments not just in America but in the global stage. This is not surprising at all. The highly capitalist society of the US and its dominance in the world stage tempered this issue that today, only the left-wing critics tend to advance the cause against the military industrial complex. Indeed, according to the imminent economist, Joseph Schumpeter (1991), the orientation toward war is mainly fostered by the domestic interests of ruling classes and the influence of those who stand to gain individually from a war policy. (p. 188) After the Second World War, the US was the unrivaled power throughout the capitalist world. In addition, the US provided a military security for the West with the existence of a credible threat embodied by the USSR. However, in the 1970s the Soviet Union collapsed and the US security umbrella was no longer needed. The US power began a long decline as the economies in Europe and Japan recovered. This was alarming since according to Richard Appelbaum and William Robinson (2005), the MIC is the structural heart of the US superpower status. (p. 141)

Compare and Contrast Popular Culture LIterature Term Paper

Compare and Contrast Popular Culture LIterature - Term Paper Example Does one transcend the mind in that fraction of a second when the decision is made? Perhaps yes! In that eventuality, the decision is bound to be faultless. The source of that decision is made in the brilliant flash of inner light. Gladwell writes, â€Å"The first task of Blink is to convince you of a simple fact: decisions made very quickly can be every bit as good as decisions made cautiously and deliberately† (p.14). The word ‘very quickly’ has the element of divine aura about it, and does not contain the element of haste. The level of spiritual progression of those who are brilliant decision makers is far more than those who are consistently inept. The process of the best decisions is to be experienced by the decision maker and it cannot be explained in words. As with his writing technique, Gladwell supports his each contention with allegories and real-life case studies. He gives the example of a psychologist, a tennis coach and the art wizards who recognize t he fake at a glance. He also admits about the failures of â€Å"blink†. Like an ardent supporter of Popular Culture the author argues â€Å"We live in a world that assumes that the quality of a decision is directly related to the time and effort that went into making it† (p.13). ... 2. Outliers: The Story of Success Though the ardent worshippers of Popular Culture are aware of the importance of chance and circumstances in the life of an individual, they finally vote for an individual who succeeds in life in terms of monetary accomplishments. The society salutes the achiever. Big ideas are hidden in the ordinary life of an individual and what is required is to locate and present them before the public well in time. An individual has to notice the talent within him first, before it is being noticed by others. With the spread of Popular Culture, the importance of behavioral science has increased and Malcolm Gladwell is on the right spot to cash this opportunity. 1990s has been the ideal period for experimentation with his new style in literature. About the book â€Å"Outliers: The Story of Success† Malcolm Gladwell (2011) writes â€Å"This is a book about outliers, about men and women who do things that are out of the ordinary. Over the course of the chapte rs ahead, I’m going to introduce to you to one kind of outlier after another: to geniuses, business tycoons, rock stars, and software programmers† (p.17). He sums up his argument thus: â€Å"Nor is success simply the sum of the decisions and efforts we make on our own behalf. It is, rather, a gift. Outliers are those who have been given opportunities-- and who have had the strength and presence of mind to seize them† (p.267). If one understands this principle in its correct spirit, many of the problems in life will be no more problems, they will be the milestones in the path of success. Success stories are like the champagne to the combustible younger generation who are the admirers of the Popular Culture. Gladwell provides a new perspective about the

Certified fitness trainer (Question5) Essay Example | Topics and Well Written Essays - 250 words

Certified fitness trainer (Question5) - Essay Example Secondly, you must also work out the core and abdominal muscles to strengthen them up. The media and magazines are pushing these myths because over a period of time people have become accustomed to taking it for absolute truth. They continue exercising in the same way and get the same result. Also so that people don’t fall prey to these myths and their efforts are not wasted or worse still detrimental to their health. Let us analyze the first fallacy - a result is no guarantee that it is beneficial to a person in the long run. For instance, if we perform countless sit-ups every day we will see a difference at the end of the period. So we assume that the exercise works since we can see a result, but do we really benefit from having stronger, tightened abdominal muscles? Or have we just got tightened muscles that will put Das 2 undue stress on our frame? Will it make any difference to our performance? Are we feeling stronger or are we just feeling tightness in an over-active mus cle? This is the second fallacy. Therefore, articles and advertisements on the internet and in magazines should depict different health and exercise myths and provide factually accurate fitness and health advice based on scientific reasoning to spread the awareness and to enhance performance. It should tell us the right way of exercising and its effect. Das 3 Works Cited Busy Woman’s Guide To Health & Fitness.

Aggressive Unilateralism Essay Example | Topics and Well Written Essays - 3250 words

Aggressive Unilateralism - Essay Example This essay stresses that the insistence of the US to open markets in the name of â€Å"fair trade† poses dangers to the world trading system, â€Å"for if everything becomes a question of fair trade, the only outcome will be to remove, altogether, the possibility of ever agreeing to a rule-oriented trading system†. The danger starts itself from imposing conditions of what constitutes free trade and yet, not giving other countries the right to define what fair trade is. â€Å"Fairness† is a value-laden concept and more qualitative, rather than say, the concept of efficiency, which is easier to define and can be easily quantified. Moreover, even the American pride in its market openness that it places before the world for emulation by other countries – cannot be absolutely used as standard, as every country is unique in its structural make-up that has bearing on its economy and trade practices. This report makes a conclusion that the international trading system not only operates under free-market assumptions but more importantly, its very purpose through inception of the WTO is to erect legally binding trade agreements that would apply to every member state. The policy of aggressive unilateralism as practiced by the United States makes use of brute political power that circumvents the legality of the global trading system. In slamming this policy as GATT/WTO-illegal, Bhagwati writes, â€Å"honoring a treaty commitment is to reaffirm one’s respects for orderly procedures and the rule of law in dealing with nation states†.

Environmental Science in DomesHc Dwellings Report Coursework

Environmental Science in DomesHc Dwellings Report - Coursework Example The information includes the possible options of accessing the house from various directions and the options of transport. The space in the house and the number of rooms will be a critical factor in determining the occupancy of the house in terms of the number of occupants. This is essential because in addition to the wall dimensions of the walls and the space in the house provides direct how the occupants will use every space as well as their reactions to the issues arising in the usage of the space. Apart from the basic information about the house, it will be necessary to examine the suitability of the wall, the floor and the roof structures. From these we obtain the u-value of the house and the suitability of the construction materials used for the house. In the same part 1, there will be an analysis involving the calculation of the upper limit and the lower limit from which it will be possible to do calculations of the coefficient of heat loss. From the wall construction and open air ventilation, the project will calculate the heat loss through ventilation. 2. House Description The project involves Linley and Simpson house located along the 12 Station Road in Horsforth in West Yorkshire, UK. Aerial View from Google map Latitude: 52.70 Longitude: 1.217 Wind angle to facade (Summer Season): 100 Wind angle to facade (Winter Season): 150 Front View Back View 3. Required Adjustment The second step of this project involves the study of the meteorological data in relation to the house structure in order to make adjustments out of the reaction of the occupants. The adjustment will depend on the necessary resistance required for the management of wind velocity. Adjustment in this case includes the wall dimensions, space between walls and the orientation of the house in relation to the direction of wind. From the adjustments and the calculation of heat loss coefficient for the house ventilation, the project will require maintaining proper quality of air good air qual ity by making changes. Other than energy losses, we will look at the sources of heat gain. Externally solar gain and internally from the daily electrics and metabolic we usually use. As we group out the values from heat loss and gain, we can estimate the extra energy needed to heat the house to the optimum internal temperature. Furthermore, to calculate energy use we need to identify our balance point- the external temperature above which a building needs no further heating to achieve a constant internal comfort temperature. By then we can calculate degree-days and hence estimate the amount of time needed to heat our houses over a period of time. After that, we calculate the carbon emissions of the building and move on to the part 2 of our project. In part 2, I will work out two methods to improve the energy loss and gain from the building. By using different material in order to reduce carbon emission and increase energy gain and maintain a good living standard for occupants 4. Ana lysis of the House Structure Linley and Simpson House is a simple brick house with between 25% - 30% glazing. Due to its location, it receives sufficient sunlight from 9 am in the morning to 4pm in the evening. Both the front view of the building and the back has an opening. The privacy of the building is ensured using curtains, and this is a limiting factor to the exposure of the house interior to

Persuade your employer that you deserve a raise OR Persuade a family Essay

Persuade your employer that you deserve a raise OR Persuade a family member that the world today is a better than it was 50 years ago - Essay Example Not all people considered going to school a basic life requirement. Only a few people who were enlightened went to schools to gain knowledge. Let us look at our grand parents and some uncles and aunts for example. There is none we can talk of as an educated person, those who afforded to go to school got minor education and surrendered in the long run. The schools were also not developed such that they only had limited resources therefore offered little knowledge. People relied on the indigenous knowledge which though was effective to some extend, could not be applied to solving all of the issues the society faced. The society was so backward such that new advancements tools were only owned by the educated in the society, simply because they were the only ones who could operate them. Poverty for example, which is highly associated with lack of education, was part of the society whereby, to most people poverty was a norm. People only relied on the products of nature. Compare this scenario to the contemporary society where going to school is like a norm. Every individual in the present society is expected to have basic education. Some countries have even gone to the extent of providing free basic education to ensure every individual gets a chance of going to school. Laws have also been formulated to ensure people get educated. The modern schools also have resources that ensure students get quality education. Look at the current advancements whereby each day comes with its own technological advancement. Today things that were rare such as media tools are a thing of the past. You only choose to be poor since I believe every individual has his own ability to make money. For instance, according to the World Development report, knowledge is intangible, light and weightless. With this knowledge still, some people still living in poverty. This therefore means that knowledge is able to counter poverty,

Environmental Science in DomesHc Dwellings Report Coursework

Environmental Science in DomesHc Dwellings Report - Coursework Example The information includes the possible options of accessing the house from various directions and the options of transport. The space in the house and the number of rooms will be a critical factor in determining the occupancy of the house in terms of the number of occupants. This is essential because in addition to the wall dimensions of the walls and the space in the house provides direct how the occupants will use every space as well as their reactions to the issues arising in the usage of the space. Apart from the basic information about the house, it will be necessary to examine the suitability of the wall, the floor and the roof structures. From these we obtain the u-value of the house and the suitability of the construction materials used for the house. In the same part 1, there will be an analysis involving the calculation of the upper limit and the lower limit from which it will be possible to do calculations of the coefficient of heat loss. From the wall construction and open air ventilation, the project will calculate the heat loss through ventilation. 2. House Description The project involves Linley and Simpson house located along the 12 Station Road in Horsforth in West Yorkshire, UK. Aerial View from Google map Latitude: 52.70 Longitude: 1.217 Wind angle to facade (Summer Season): 100 Wind angle to facade (Winter Season): 150 Front View Back View 3. Required Adjustment The second step of this project involves the study of the meteorological data in relation to the house structure in order to make adjustments out of the reaction of the occupants. The adjustment will depend on the necessary resistance required for the management of wind velocity. Adjustment in this case includes the wall dimensions, space between walls and the orientation of the house in relation to the direction of wind. From the adjustments and the calculation of heat loss coefficient for the house ventilation, the project will require maintaining proper quality of air good air qual ity by making changes. Other than energy losses, we will look at the sources of heat gain. Externally solar gain and internally from the daily electrics and metabolic we usually use. As we group out the values from heat loss and gain, we can estimate the extra energy needed to heat the house to the optimum internal temperature. Furthermore, to calculate energy use we need to identify our balance point- the external temperature above which a building needs no further heating to achieve a constant internal comfort temperature. By then we can calculate degree-days and hence estimate the amount of time needed to heat our houses over a period of time. After that, we calculate the carbon emissions of the building and move on to the part 2 of our project. In part 2, I will work out two methods to improve the energy loss and gain from the building. By using different material in order to reduce carbon emission and increase energy gain and maintain a good living standard for occupants 4. Ana lysis of the House Structure Linley and Simpson House is a simple brick house with between 25% - 30% glazing. Due to its location, it receives sufficient sunlight from 9 am in the morning to 4pm in the evening. Both the front view of the building and the back has an opening. The privacy of the building is ensured using curtains, and this is a limiting factor to the exposure of the house interior to

Meaning of life essay Essay Example for Free

Meaning of life essay Essay ?â€Å"You will never be happy if you continue to search for what happiness consists of. You will never live if you are looking for the meaning of life† (Camus). If you spend your whole life searching for one thing you will waste your life and it will only take a few moments for time to pass you by. The meaning of life is nonexistent and imponderable. ?â€Å"The meaning of life is contained in every single expression of life. It is present in the infinity of forms and phenomena that exist in all of creation† (Jackson). The meaning of life is simply the way you view it. Like religion everyone has different philosophies and opinions and only those who give life a meaning have the true understanding of the meaning of life. My Opinion on the Meaning of Life I believe the meaning of life is to give life a meaning, because there truly is no meaning otherwise. I believe everyone adds their own meaning to life. The meaning of life is never universal, never complex. I believe the meaning of life should be simple and potentially whatever we want it to be. I do what I do because I want to. It’s that simple for me; I do it because it means something to me. â€Å"Life is a great big canvas, and you should throw all the paint on it you can† (Kaye). I believe this quote is saying that you should give life your all and do whatever it takes to make your life the way you want it. This is saying someone should do what you believe the philosophy of your life is. Many people go about their lives searching for the meaning of life and how it applies to them but in reality they will waste their lives away looking for something that does not exist. â€Å"There is not one big cosmic meaning for all; there is only the meaning we each give to our life, an individual meaning, an individual plot, like an individual novel, a book for each person† (Nin). â€Å"Life has no meaning. Each of us has meaning and we bring it to life. It is a waste to be asking the question when you are the answer† (Campbell). This is saying how we bring the meaning to life and our thoughts and ideas on what we believe life is and should be. I do not believe in the idea of there being one specific meaning but millions for each and every soul around the earth. Various populations will all agree to disagree about their views but in retrospect you realize that everyone is right. Everyone gives their own meaning to the idea. Purposes and meanings will change, but the overall meaning to life, that there is no true meaning, will always stay the same. I believe the meaning of life is to give life a meaning. Works Cited ?Albert Camus Quote. BrainyQuote. Xplore. Web. 23 Mar. 2015. http://www. brainyquote. com/quotes/quotes/a/albertcamu105605. html? src=t_meaning_of_life. ?Anais Nin Quote. BrainyQuote. Xplore. Web. 23 Mar. 2015. http://www. brainyquote. com/quotes/quotes/a/anaisnin133215. html ?Danny Kaye Quote. BrainyQuote. Xplore. Web. 23 Mar. 2015. http://www. brainyquote. com/quotes/quotes/d/dannykaye125475. html. ?Michael Jackson Quote. BrainyQuote. Xplore. Web. 23 Mar. 2015. http://www. brainyquote. com/quotes/quotes/m/michaeljac399788. html? src=t_meaning_of_life.

Reproductive Strategies in Birds

Reproductive Strategies in Birds Catherine Carrick Introduction Birds, like any other organism, constantly struggle to find a balance between the benefits of reproduction and the costs of reproductive effort expressed as adult mortality (RICKLEFS, 1977). As well as behavioural differences among species such as brood size, protection of young or the effort required for foraging, environmental factors influence avian reproductive strategies. This includes bionomics, for example; how efficiently a bird procures and utilizes available resources, and how it protects its investment (offspring). During the last 50 years it has become the consensus that reproduction and mortality rate among birds are directly proportional, and that the age of sexual maturity increases with adult survival rate (RICKLEFS, 2000), where reproduction rate is determined by the length of the breeding season, the clutch size, and nesting success. The evolution of optimum clutch size was one of the first studies conducted by David Lack (1947) where food supply directly influenced fecundity. Later studies showed that in most cases, birds with a longer life span such as albatrosses had decreased clutch sizes, postponed sexual maturity and decreased reproductive success due to greater parental investment and thus a greater risk of parental death. Environments are often unpredictable and birds such as the black kite (Milvus migrans) produces more offspring early on it life (SERGIO, 2010). Competition, resources and hazards change in such a way and often so rapidly that the kites would die before being able to reproduce if sexual maturity occurred much later. Life Histories When understanding reproductive strategies, is it important to understand what is meant by life history. It is the history of adaptations and genetic modifications of a population in response to changes in the environment. It is not to be confused with a life table, which shows the interactions of adaptations and genetic modifications with the environment. Genetic variation gives rise to an evolutionary response in the gene pool to variation in the environment. Changes in the environment tend to change the density and age structure among a population making the population either crash, or revert back to a state of equilibrium. Sex Ratio Aspects of birds lives can vary up to 10-fold among species with opposite life histories (RICKLEFS, 2000) and the theme of this evolution include several components. The first is sex ratios. Fishers principle states that when male births are less common, those male offspring have better mating potential than the female offspring and so the males have more offspring. This then means the genes for male procuring tendencies spread, male births become more common and a 1:1 sex ratio is approached (the equilibrium). This reduces again as being born male becomes less advantageous (Hamilton, 1967). A study by Neville et al (2008) showed the sex ratio of 298 nestlings from 81 nests of golden-winged warblers Vermivora chrysoptera to be approximately 50:50 (1:1). However, Daan et al (1996) observed some raptor species producing excess daughters early in the breeding season and males later in the season, whilst other species showed the opposite. The deviation may be explained by specific enviro nmental conditions having different consequential outcomes for male and female offspring (DAAN et al, 1996). Sexual Selection Males and females differ through sexual dimorphism and secondary sexual characters such as elaborate tail feathers. If there is heritable variation in a trait that affects the ability to obtain mates, then variants conducive to success will become more common over time. Peahens select for male peacocks with the largest most elaborate tail feathers, and so this character is genetically passed on and becomes more common. Access to mates is a limiting factor for males and it was predicted that sexual selection will be a stronger force in the evolution of males than females (BATEMAN, 1948). This leads to stronger competition over mates in males and means that females should be choosy as they invest heavily in reproduction, yet another reason why males have large plumage to advertise to females. There are two theories as to why a female would choose a male with costly characters. Firstly is the sexy sons theory where cost arises as the end product of a runaway process. Secondly is the go od genes theory where females choose mates with good genes to maximise viability of there offspring (TRIVERS, 1972). For example, those peacocks with the brightest, largest and most elaborate plumage indicate to a female their probable resistance to parasites. Parental investment This can be described as any parental interactions with their offspring that increases the offspring survival rate, at the cost of the parents ability to invest in other offspring (TRIVERS 1972). Social monogamy with biparental care (BURELY, JOHNSON, 1992) is common among avian species. However, this has evolved from a very  different diapsid lineage in the fact that most extant and extinct diapsids show promiscuity and mainly lack parental care (with exceptions like crocodilians). Fig. 2 shows the stages of evolution from limited parental care in the basal archosaur leading to increased biparental care and ultimate monogamy among extant avian species. In contrast, social parasitism can avoid the risks of parental investment as seen in North American cuckoos (Coccyzus sp.) where the cuckoo lays its eggs in a hosts nest and the host incubates and raises the parasitic cuckoo chicks. Parent-offspring conflict The conflict is at its peak during the parental care period. It is loosely divided into intrabrood conflict where the offspring favour different division on parental investment that that preferred by the parent (KILNER, 2007) and interbrood conflict where the demands made by the offspring are too great that the parent withholds investment for future reproduction. An example is given in a study by Stamps et al (1985) on budgerigars (Melopsittacus undulates) where in female-fed families the parent controlled food allocation as they did not favour begging, whereas, in male-fed families the offspring had the greatest control, as the male parents were susceptible to allocating food to those who begged. Optimization in a Variable Environment D. Cohen (1966, 1968) reached the conclusion that fluctuating environments always favour greater reproduction, whereas constant environments select for small litters (SHAFFER, 1974). A case study by Jetz et al (2008) examined clutch size from 5290 avian species worldwide and correlated the environmental influences with the comparative approach (the relation of clutch size to other biological traits) in one analysis. It showed conclusive evidence that backed Cohens theory. For example, avian species in more stable seasonal environments had larger clutch sizes than those of tropical birds where the climate changes unpredictably and rapidly. Nest predation Prolonged incubation and nestling periods increase the probability that those nests will attract predators. The opposite can be said for minimal incubation and nestling periods. Therefore it can be assumed that those species with larger clutch sizes, prolonged incubation or nestling periods have adopted and evolved strategies to evade predation. For example, Killdeer (Charadrius vociferous) eggs and chicks are extremely well camouflaged (Fig. 3). Niko Tinbergen (1967) found that in the case of the black-headed gull (Larus ridibundus), the adult would remove the eggshell a short time after its chick had hatched, and place it away from the nest. This meant leaving the chick alone momentarily, but the advantage of removing the white, un-camoflaged egg shell outweighed the cost of cannibalism of the chick from neighbouring gulls. This behaviour is heritable among all black-headed gulls. Birds that evolve in areas with few or no predators should then exhibit larger clutch sizes, prolonged incubation and nestling periods. This is seen in island species that have had time to evolve in the absence of predators. However, a study preformed by Trevelyan and Read (1989) showed no significant differences in reproductive strategies between mainland Australia and New Zealand species. Trevelyan and Read interpreted these observations to be due to the arrival of humans, stimulating reproductive strategies similar to those on the main land. Conclusion Birds expend a great deal of energy providing parental care, breeding and courtship, whether or not the offspring are precocial (an advanced state if development) or altricial (completely dependant on the parent/s). It is clear that productivity of breeding is intrinsically linked to an avian life span and environmental factors which constantly encroach on avian fecundity and mortality. Of the 10,000 known extant avian species, each has developed a unique reproductive strategy, whether its be elaborate plumage to attract a mate as seen in tropical birds (genetic); removing egg shells to avoid cannibalism of offspring (behavioural); or laying a large clutch to ensure survival of the next generation in an erratically changing environment.