Sunday, May 17, 2020

Essay on Account For the Success of the Bolsheviks in...

Account For the Success of the Bolsheviks in October 1917 At the beginning of 1917 most of the Bolsheviks were in exile but by the end of 1917 the Bolshevik party had not only consolidated control of Moscow and Petrograd, but they were also advancing on the rest of the country. This success was due to several linked factors; the Bolshevik policy of non-cooperation, weakness of the Provisional Government, division of alternative opposition, Lenins leadership skills, the power of the Petrograd Soviet and Trotsky as its leader, failure on deliver of land reform and the oppressed, armed workers in Petrograd. Bolshevik success is dictated by whether they met their aims; these included the†¦show more content†¦Although, we must remember, that Lenin had incorrectly pushed for an unsuccessful revolution in July. Lenin is famed to have said, History will not forgive us if we do not assume power, Lenin chose, successfully, when to seize power. The Weaknesses of the Provisional Government were as much, if not more to blame than the successes of the Bolsheviks for the Socialist Revolution. The Provisional Government was delicate by its very nature, it was not democratically elected, it was illegitimate, and had no mandate to rule. Why should opposition groups recognise such a government? The Bolsheviks were careful not to affiliate itself with the Provisional Government because it wanted to disassociate itself from governments many failed policies and it also wanted to remain a small, hardcore, tightly knit net of ardent Marxists, without any Bourgeois influences. The Provisional Governments failed policies stemmed from its weak, fragmented coalition. The Octoberists were on the centre right as they agreed with the Tsars October Manifesto, which had ended the 1905 Revolution. The Cadets (Constitutional Democrats) were the moderate, liberals of the centre of the political spectrum. On theShow MoreRelatedThe Bolshevik Revol ution of October 1917-Essay Review1428 Words   |  6 PagesIn 1917, in the midst of the Great War, Russia faced one of the biggest political shifts that the Tsarist-ruled country had ever known-the Bolshevik Revolution. There are two significant time frames associated with the Bolshevik Revolution. In the February revolution Tsar Nicholas II abdicated his throne and a Provisional Government took control. In the October revolution the Bolsheviks took power by overthrowing the Provisional Government. How did the October revolution become a reality? WhatRead MoreThe Success of the Bolshevik Revolution in Russia in October 19171822 Words   |  8 PagesThe Success of the Bolshevik Revolution in Russia in October 1917 The Bolshevik seizure of power or coup de’tat of October 25th, 1917 was a culmination of both internal and external failure to satisfy the needs of an oppressed Russian society. In contrast to the spontaneous revolts earlier in 1917, the Bolshevik revolution was ‘a carefully planned plot carried out by ‘professional’ revolutionaries.’[1] The victory of the Marxist Lenin’s Bolsheviks was due to the failureRead MoreHow successful was Lenin in solving the Problems he faced? Essay1404 Words   |  6 Pagesï » ¿Jin-Ho Lee IB History – Mr. Wade 28/01/14 How successful was Lenin (1917-1924) in solving the problems he faced? With the October revolution in 1917, Lenin managed to execute a successful coup d’à ©tat against the provisional government of Russia and with the death of the constituent assembly early 1918; Lenin and his Bolsheviks had finally control over Russia. However this was just the beginning of various problems he would be facing. This raised the debate on whether Lenin could dealRead MoreWorld War Is Responsibility for the Collapse of the Provisional Government in 19171897 Words   |  8 PagesWorld War Is Responsibility for the Collapse of the Provisional Government in 1917 The Provisional Government assumed control of Russia following the abdication of the Tsar Nicholas II. It only had a brief period in power lasting about seven months. Historians have disputed the main cause for its failure, Marxist historians, such as John Reed, have rewarded it to the Bolsheviks effective propaganda machine, whilst more revisionist historians, such as Christopher ReadRead MoreAnimal Farm By George Orwell Essay1430 Words   |  6 Pagesthe novel represent â€Å"the Bolsheviks, who lead the overthrow of the capitalist Russian government only to become new masters in return† (Kollontai 45). So the novel has a deeper meaning and can be considered an allegory for the Bolshevik Revolution of 1917. The Soviet revolution marked the genesis of Bolshevism. The ideology of Bolshevism is represented in the adoption of Animalism in the novel. Orwell uses characters, symbols, events and concepts that refer to the Bolshevik revolution and its aftermathRead MoreStalin vs. Trotsky Essay3293 Words   |  14 Pagescommitted to the unity of theory and practice and bent upon spreading Communism throughout the whole world. While Lenin was alive (at any rate until 1922) both men had a secure place in his favor and therefore in the party as a whole. Since 1917, at least, Trotsky had supported Lenin on the main issues and seemed to have more of his candor and flexibility than Stalin. However, as Lenin sickened and died, the mutual antagonism between Trotsky and Stalin, who had never been compatibleRead MoreLenin13422 Words   |  54 PagesPosition created | Succeeded by | Alexei Rykov | Chairman of the Council of People s Commissars of the Russian SFSR | In office 8 November 1917  Ã¢â‚¬â€œ 21 January 1924 | Preceded by | Position created | Succeeded by | Alexei Rykov | Member of the Politburo | In office 25 March 1919  Ã¢â‚¬â€œ 21 January 1924 | In office 23 October 1917  Ã¢â‚¬â€œ 7 November 1917 | Personal details | Born | Vladimir Ilyich Ulyanov (Ð’Ð »Ã °Ã ´Ã ¸Ã ¼Ã ¸Ã'€ ИÐ »Ã'Å'Ð ¸Ã'‡ Ð £Ã »Ã'Å'Ã' Ã ½Ã ¾Ã ²) (1870-04-22)22 April 1870 Simbirsk, Russian Empire | Died |Read MoreEssay about The Evolution of Democracy in Georgia5043 Words   |  21 PagesThe Georgian people made its choice on 26 May 1918, when it voted for democracy and pluralism in the conditions of a free Georgia. 26 May was destroyed by Bolshevik bayonets, but the idea of freedom and democracy remain undefeated in the Georgian - Statement of the National Democratic Party, 1988.1 In the late 1980s and early 1990s, the Caucasian country of Georgia (map below) was among the vanguard of forces seeking the dissolution of the Soviet Union. It was the only republic to join the BalticRead MoreHistory HL Paper 3 Europe6131 Words   |  25 Pagesunification, †¢ Cavour advocated foreign help, Garibaldi opposed it. The above points should be known. Accept and reward other relevant details. [0 to 7 marks] for general comments or if only one person is addressed. [8 to 10 marks] for sequential narrative accounts of both with limited linkage. [11 to 13 marks] for an attempted comparative structure or excellent linkage. [14 to 16 marks] for accurate knowledge in a comparative framework. [17+ marks] for a perceptive, analytical and balanced comparison. –8–Read MoreWithin the period 1894-2005, Lenin has been the most significant leader of Russia and the USSR. How valid is this statement?3048 Words   |  13 Pageshis revolutionary ideas, such as the implementation of socialist reforms, his New Economic Policy in 1921 and the transformation of the Bolshevik faction to the Communist Part of the Soviet Union leading to a huge Marxist-Leninist movement in the USSR. However, when assessing the ‘significance’ of a leader, it’s crucial that four main themes are taken into account, these being – economics, foreign policy, social change and leadership ability. It can be argued that other leaders of Russia and the USSR

Wednesday, May 6, 2020

Evidence Based Practice Of Health And Implements High...

Evidence-based practice benefits all participants of health and implements high quality care. Patients should find comfort in knowing the care they are receiving is the best available. Health facilities provide cost-appropriate care, using resources for effective interventions. Nurses implement practices in-line with the best evidence available. This quality of care involves critically evaluating whether practices are appropriate and applicable to care, and consistently seeking to improve and build upon care methods. Research plays a crucial role in implementing evidence-based practice. Nurses are responsible for knowing how to access research, judge its validity, incorporate it into clinical decision-making, and refine their own practice methods. This paper further explains how nurses utilize evidence-based practice to improve stroke care. With continuous research, evidence-based practice will evolve quality health care around the world. Keywords: evidence-based practice, nursing, research, stroke, Australia Research, Evidence-Based Practice, and Global Health Nursing Evidence-based practice (EBP) is the essence of quality health care in an ever-changing reality. It embodies clinical experiences, the patient, and supported research, to establish the most effective patient care (Brown, 2014). The best possible patient outcomes stem from staying current with changes in practice, and EBP communicates those changes through evidenced research. According to the InstituteShow MoreRelatedUse Of Competency Of A Nurse1348 Words   |  6 Pagesspark that can promote critical thinking, aim for competence, affect the whole system, and can bring quality in care delivery. Quality improvement processes help to identify issues and barriers in care, design safety techniques to prevent errors in the future, and provide patient-centered care in terms of individual needs, differences, preferences, education, and coordinate care depending on the health needs of that individual (IOM, 2010). Nurses make up the largest workforce in the healthcare systemRead MoreEvide nce Based Practice Nursing For A Med Surge / Orthopedic Unit Of An Acute Health Care Setting824 Words   |  4 Pages Introduction According to Houser (2012), evidence Based Practice Nursing is the application of evidence based findings by nurses to steer the nurse toward integration of clinical expert opinion and experience with an unbiased comprehensive analysis of the best scientific evidence professional nursing care literature can provide while integrating patient principles and preferences. When planning for sustaining evidenced based practice, it is vital to adopt a methodical critical thinking decisionRead MoreIntegration of Evidenced Based Practice in Professional Nursing1250 Words   |  5 PagesIntegration of Evidence-Based Practice into Professional Nursing Practice Sandra Sparks Chamberlain College of Nursing NR 351: Transitions to Professional Nursing Fall 2010 Introduction During the 1980’s, the term â€Å"evidence-based† medicine surfaced to describe the approach that used scientific evidence to determine the best practice. Evidence-based practice is a process that entails reviewing and instilling the most reliableRead MoreMedicine and Health Care Essay1114 Words   |  5 Pages Systems theory can be seen as a model for improving quality in the United States (US) healthcare system. Systems theory is based upon systems thinking that relies on the whole system and relationships rather than isolated parts. If the US healthcare system were to adopt a systems theory this could improve healthcare quality and reduce errors. Despite focus on increasing patient safety in hospitals, medical errors continue to remain high (Petula 2005, p. 6). By adopting the concept of systemsRead MoreVision for the Future of Nursing1181 Words   |  5 PagesVision for the future of nursing Currently, health care in the US has been made accessible and affordable to everyone, as evidenced by the increase in the number of patients in the health care system. The nursing profession is already facing numerous challenges to deliver good quality and safe patient care. Therefore, there is a need for growth in remodeling the nursing profession to meet the high demand of an aging population with more complex needs. The nurses have to quickly adapt to a newRead MoreThe Clinical Problem Presented Was An Increase In Surgical1602 Words   |  7 Pagesleading to patient harm after corrective surgery. Surgical site infections are avoidable and expensive for the health care facility. The issue of surgical site infections is nationwide and has resulted in law suits against health care facilities. Mortality, extended hospital care, and morbidity, associated with surgical site infections, has led to increased health care costs. In â€Å"A Colorectal ‘Care Bundle’ to Reduce S urgical Site Infections in Colorectal Surgeries: A Single-Center Experience† interventionsRead MoreNursing Management1133 Words   |  4 PagesEvidence-Based Practice Model in Nursing Management Evidence-Based Practice Model in Nursing Management Introduction Leadership and management play a major role in the provision of good services in health care organizations. Good models are required in the health organizations to help in transfer of information effectively to improve communication. Provision of good and high quality assured healthcare is one of the most important goals of the health care systems. Several models have been introducedRead MoreBest Practice Guidelines. Best Practice Guidelines (Bpg)1442 Words   |  6 PagesBest Practice Guidelines Best Practice Guidelines (BPG) have become a global movement in nursing. Healthcare organizations, practitioners, and nursing associations have an opportunity to provide quality and accountability to patients at the time of care. (RNAO, 2012) The Registered Nurses Association of Ontario (RNAO) (n.d., p.2) said that â€Å"since 1925, RNAO has advocated for healthy public policy, promoted excellence in nursing practice, increased nursing contributions to shaping the health-care, andRead MoreDcp Research Paper882 Words   |  4 PagesOnline BSN to DNP Programs: A Solution for the High-Level Talent Shortage In the United States, more than 58 million citizens live in areas that are classified as primary care shortage areas. These regions, official labeled Health Professional Shortage Areas (HPSAs), fail to maintain a sufficient talent pool of primary care providers as outlined by federal guidelines. According to a report issued by the Kaiser Foundation, Advanced Practice Nurses (APNs) have the potential to fill this void. As ofRead MoreOutline Of The Healthcare Reform1434 Words   |  6 Pageslegislation were enacted, the Patient Protection and Affordable Care Act (ACA) and the Health Care and Education Reconciliation Act (HCERA). The ACA’s intent is to expand Medicaid coverage to millions of low-income Americans previously uninsured or underinsured. HCERA was passed after the ACA as a way to make provisions for penalties and payment programs to physicians to name a few. Some of the provisions outlined in the ACA on Affordable Care Act | include: †¢ Insurance coverage gaps †¢ Initial

Tuesday, May 5, 2020

Frank OHaras Method free essay sample

Does the postmodern poem care about the past? More importantly, was Frank O’Hara, as a torchbearer of the postmodern poetic, a loyal student of the past? Or was he a reckless practitioner of the ‘â€Å"I do this, I do that† aesthetic’[2]? This essay posits that O’Hara did not reject traditional measure, for ‘what differentiates the poet from other writers is the focus on mode’[3] and O’Hara was no exception in that he did not transcend traditional form. True, O’Hara argued that ‘you just go on your nerve’, however, as W. S. Merwin points out, O’Hara’s point of difference as a poet meant ‘ you don’t just go on that [nerve]. There had to be the talent. And it had to be his [O’Hara’s] own’[4]. Accordingly, O’Hara felt compelled to acquiesce; ‘measure and other technical apparatus, thats just common sense’[5]. Thus, the appearance of rhythm, isochrony, assonance, alliteration and the cacophonous echo of O’Hara’s poetic influences should come as no surprise. And through Charles Olson’s assertion that ‘form is never more than an extension of content’[6], I argue that the ‘nerve’ which was O’Hara’s fire – his very being – necessarily generated a poetic measure that accommodated a masterful fusion of both traditional and postmodern traits. Rhythm At first, O’Hara’s Personal Poem from his collection Lunch Poems seems to be a piece that ostensibly rebels against its ‘own rules’. In briefly analysing part of it, we might assess how seriously to take O’Hara’s purported poetic nonchalance, its ‘recreation of everyday experience a source of annoyance for partisans of every stripe’[7]. We might then strike at the heart of O’Hara’s confession: ‘I don’t think my experiences are clarified or made beautiful for myself or anyone else, they are just there in whatever form I can find them. ’[8] Personal Poem begins: Now when I walk around at lunchtime I have only two charms in my pocket an old Roman coin Mike Kanemitsu gave me and a bolt-head that broke off a packing case when I was in Madrid the others never brought me too much luck though they did help keep me in New York against coercion but now Im happy for a time and interested [9] (1953) Let us examine rhythm. Rhythm is, above all, the ‘patterning of energy, of tensions and release, movement and countermovement that we both perceive and produce in our own brains and muscles’[10]. In poetry, it is a semantic and aesthetic catalyst for a bio-chemical oscillation of the mind. Proponents of isochronism, the ‘rhythmic organisation of speech into equal intervals’[11], likely identifies a characteristic of O’Hara’s postmodern measure as being closely related to the rhythm of speech. The tone groups (i. e. the words comprising a single breath or utterance), seem to deliberately or inadvertently create a spoken rhythm: Now when I walk around at lunchtime (breath) I have only two charms in my pocket (breath) an old Roman coin Mike Kanemitsu gave me (breath) nd a bolt-head that broke off a packing case The apparent isochrony evokes a sense of being spoken to by O’Hara, seemingly ‘address[ing] itself to one person’[12]. Its natural spoken rhythm is established with each line- break, thus becoming and ‘important element of the reader’s experience’[13]. Whilst the syllable count of each line is not consiste nt, nor a rhythm regular enough to generate meter, there is an undeniable rhythm formed in the measure of this stanza; the inevitable breath-phrasing of a ‘practitioner of the impulsive’[14]. From Rhythm to Simultaneity Further, it is O’Hara’s ‘nerve’ which we find splayed out in terms described by Charles Olson’s ‘open’ field of poetry. With the rhythmic momentum of the second stanza, the pace kept moving by regular use of ‘and’, we can almost hear Olson barking down O’Hara’s neck as he writes: ‘keep it moving as fast as you can, citizen always one perception must must must (sic) MOVE, INSTANTER, ON ANOTHER! †[15] Thus the second stanza: I walk through the luminous humidity passing the House of Seagram with its wet and its loungers and the construction to the left that closed the sidewalk if I ever get to be a construction worker Id like to have a silver hat please and get The absence of punctuation and seemingly endless enjambment shows a commitment to the Surrealist tradition which Sellin calls ‘the cubist-surrealist esthetic [of] simultaneity’[16]. O’Hara’s spasmodic ‘nerve’ is palpably influenced by surrealist masters as Breton, Reverdy et al[17]. This is a prosody that openly embraces ‘syntactic ambiguity’[18] creating poetry of ‘great speed, openness, flexibility, and defiance of expectation’[19]. And albeit achieved not through a ‘traditional measure’ it is nevertheless drawn from tradition. More than that, Personal Poem, as with any other first-person poems of O’Hara, undoubtedly follows the thematic and stylistic lead of a modernist predecessor; ‘the first writer that chose to speak personally Vladimir Mayakovsky’[20]. In Lunch Poems we find the ‘rhetoric of pretending to have no rhetoric’[ 21] and can with confidence argue that O’Hara knows his tradition. Strange Semantic: Elegy of Alliteration A glance at a fragment of O’Hara’s Second Avenue poem, a ‘postmodern elegy’[22] as David Dick puts it, will further clarify the degree to which we should temper O’Hara’s supposed war on the ‘propagandists for technique’[23]. This ‘high energy-construct energy discharge’[24] surely displays what Charles Olson meant when he said: ‘form is never more than an extension of content. ’[25] What spanking opossums of sneaks are caressing the routes! and of the pulse-racked tremors attached to my viciousness I can only enumerate the somber instances of wetness. (â€Å"SA† 54-56) Despite possessing a severe poverty of semantic sense or fixed connotation, O’Hara’s use of traditional alliteration and assonance work tirelessly to convey meaning: panking opossums of sneaks are caressing the routes †¦ somber instances of wetness They encourage through persistent and unrelenting hissing almost jittering a feeling of utter despair. And the jarring syllable stresses of pulse-racked tremors is a powerful modal tool for conveying the urge of pulsation and tremor. These traditional prosodic devices are re-framed by O’Hara to champion the postmodern aesthetics of tra nsience, uncertainty, spontaneity and simultaneity; the use of tradition to break free from itself. And as Dick rightly points out, Second Avenue ‘articulates a distaste, and sense of undesirable duty, toward the tradition of â€Å"legendary elegies†[emphasis own]’[26]. In the vein of Rilke’s Duino Elegies, it cannot but bow to the poetic diction that characterized his modernist forbearer: And must I express the science of legendary elegies consummate on the Clarissas of puma and gnu and wildebeest? † (â€Å"SA† 73-74) Obliging to tradition, O’Hara’s dons his ‘tight pants’[27] and crafts in these two lines an exceptionally poised diction. As Dick describes it: Second Avenue† is a poem that is best read in terms of the European modernist tradition Though it may not have a distinct narrative structure, the insistent presence of its influences and voices provide it with a unifying theme: the simultaneous celebration and parody of major poems written by the European modernists†. Couple Second Poem with a surprising line from Music. It leaps from the page then recedes like a playful child playing ‘tag’, almost jolting us like a ghost which we believe a mere dream. Then we begin to understand how ‘seriously’ to take O’Hara’s retort from the Personism Manifesto: nd gusts of water spray over the basins of leave like the hammers of a glass pianoforte. If I seem to you to have lavender lips under the leaves of the world, I must tighten my belt. [28] (1953) Whilst O’Hara’s idiosyncratic quirkiness, playfulness, ephemeral imagery and juxtaposition is ubiquitous, a simultaneous traditional diction of alliteration and assonance is worked masterfully like interlocking waves from the past. Oscillation: Past and Present Finally, it would be irresponsible to ignore one particular poem, unbridled and catapulting towards a combination of traditional and loose forms. In Memory of My Feelings (written in 1956) is, as Marjorie Perloff suggests, an ‘extremely â€Å"open† lyric sequence that nevertheless never gives way to formlessness, never â€Å"panics†Ã¢â‚¬â„¢[29]. It opens with even line lengths, a lyrical quality and a still, mirage-like balance that cannot resist a ‘familiar romantic topos’[30] of past poetic eras: My quietness has a man in it, he is transparent and he carries me quietly, like a gondola, through the streets. He has several likenesses, like stars and years, like numerals. My quietness has a number of naked selves, o many pistols I have borrowed to protect myselves   from creatures who too readily recognize my weapons   and have murder in their heart! †¦ As in interesting juxtaposition exercise, one might say that these verses are unrecognizable beside the ‘†¦immediacy, excitement, and sense of presence’[31] of this stanza from Five Poems (1960): an invitation to lunch HOW DO YOU LIKE THAT? when I only have 16 cents and 2 packages of yoghurt there’s a lesson in that, isn’t there like in Chinese Poetry when a leaf falls? [32] And then in returning to In Memory, we likewise identify a hodge-podge of versified language; almost a scribbled thought lacking any deliberate measure. And yet, Perloff comes vociferously to O’Hara’s defence in asserting that ‘O’Hara’s reputation as a causal improvisator, unschooled doodler, could hardly miss the mark more completely’[33]. O’Hara quite deliberately hoped to employ ‘a kind of automatic writing to match the epic scale and grandeur built up by accident and subconscious connections in abstract expressionist painting, aleatory music, and French surrealist cata-logue poems’[34]. Observe the contrast. At first, we need go no further than the musicality of In Memory to ascertain O’Hara’s influence from, and challenge to, traditional measure. The contrasting metaphors of like a gondola, †¦ like stars and years, like numerals. †¦ are neatly layered beside one another evoking Symbolist tones and forms of mysticism and otherworldliness. Then the poem oscillates, between a traditional poetic awareness and the following free-verse, possessed by uncertain lineation, surprise and single-word lines: I am underneath its leaves as the hunter crackles and pants   and bursts, as the barrage balloon drifts behind a cloud   and animal death whips out its flashlight, whistling and slipping the glove off the trigger hand. The serpents eyes   redden at sight of those thorny fingernails, he is so smooth! And yet still, O’Hara once wrote to Bill Berkson that ‘there is as much freedom in the composition of music as there is in a prison recreation yard’[35] which Perloff suggests O’Hara must have felt to some degree regarding poetry too. Do we therefore fail to find a consistent approach from O’Hara towards traditional prosody? Ultimately, O’Hara’s Personism Manifesto that publicized O’Hara’s guiding ‘nerve’, was a satirical take on the poetic manifestos that seemed a rite of passage for every poetic movement that preceded his own. The brazen nonchalance we therefore find in this essay title may have swept up some unintended (and misguided) conclusions among critics that O’Hara had rejected traditional prosody. As we can see from a brief examination above, that couldn’t be farther from the truth. O’Hara’s Prosody: A Human Measure Despite my assertions that O’Hara was highly attuned to poetic tradition, in an important way we should nevertheless take heed to O’Hara’s words in rejecting certain confines of the past. As David Herd aptly puts it: He (O’Hara) is composing as he steps; the step†¦is the measure of his composition. And†¦as he steps he becomes acquainted with the environment that form(s) the fabric of his poem What O’Hara establishes is a human measure, a prosody of cognition which finds its metric in (his own) human form. [36] Ultimately, O’Hara’s poetic form straddles the line between traditional aesthetics and the movement of the day – his day. Elain Equie describes it by saying that ‘art is not so easily democratized But if there is a way to be both an aesthete and a populist, Frank O’Hara found it’[37]. O’Hara was a unique poetic composer who, whilst acutely aware of the historical foundations upon which he stood, was still able to write about a ‘liver sausage sandwich’[38] and mean nothing more than that. Bibliography A Tribute to Frank O’Hara, published in Crossroads, Spring 2000

Sunday, April 19, 2020

Oral Arguments and Decision

Introduction Oral arguments and briefs have a great influence on jurists’ decisions in the courts. In his book, Oral Arguments and Decision Making on the United States Supreme Court, Timothy Johnson notes that judges consider a number of issues such as oral arguments, political considerations, and external factors, which are not part of the case records prior to making an ultimate decision in a particular case. Conventionally, jurists do not decide on how to decree on a particular case before listening to it.Advertising We will write a custom essay sample on Oral Arguments and Decision-making on the Supreme Court specifically for you for only $16.05 $11/page Learn More The intent of this paper is to affirm that oral arguments affect how judges make decisions in courts and in this particular instance, in the Supreme Court. The paper begins by a summary of a reading Timothy Johnson’s book, Oral Arguments and Decision Making on the United Stat es Supreme Court. Summary of the oral arguments and decision-making on the US Supreme Court Johnson argues that advocates should not use oral argument as a tool for influencing judges, but rather for accomplishing the goals that the judges have set. He further asserts that conscious of the existing external factors that might influence the process of decision-making and the need for creating strong internal coalitions, judges capitalize on the arguments to get facts, form legal, and procedure matters for conference deliberation, and finally use them to develop their written judgments (Johnson 28). Johnson presents a properly researched writing that helps students comprehend how strategic decision-making is achieved in the Supreme Court. Johnson notes that litigation involves the presentation of legal problems in two opposing sides with the exemption of the amicus briefs, with the two opposing sides presenting their arguments on biased grounds (26). Conscious of the bias-based argume nts, judges utilize oral argument as a tool for determining issues, which are of greatest importance irrespective of whether they were tabled by advocates. How oral arguments affect decision-making in the Supreme Court In his book, Johnson refers to a number of cases tackled in the 1970-80s and uses them to compare the briefs presented by the parties and the questions that developed during the oral argument session. The aim of the latter is to determine if the court simply requests the parties to explicate the issues that they wrote in their briefs or they go past the issues outlined in the briefs and seek clarification on new developments. According to Johnson, most issues raised by judges, close to 80%, are new concerns that were not tackled by the parties and amicus (98). Furthermore, in instances where the jurists raise issues in relation to the briefs, they mainly seek to understand how particular issues in the briefs affect public policy. In essence, judges are concerned with how the litigants’ briefs influence external factors, for instance as the Congress to help them determine policy options that should adopt in coming to a particular conclusion.Advertising Looking for essay on law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Indeed, oral argument plays a critical, but distinct role for advocates and judges. When an advocate presents his or her oral argument, he or she is able to clarify facts related to the cases that helps the judges when examining what the case actually entails (Johnson 47). By simply tabling the briefs, they are never assured if the court heard their plea, as they are not certain if the judges read the briefs. Even the responses from the judges do not erase the doubts as the judges’ legal clerks normally prepare the responses. Oral argument is an important communication aspect to the court as it assures the litigants that they have communicated and the genuine people have heard their cases. It affirms the significance of face-to-face communication. The nature of communication adopted by a lawyer during the oral submission is of great essence. Moreover, oral arguments help judges to get the main points because lawyers have to be precise. It compels advocates to concentrate on issues, which they consider as important. Since lawyers often have a fixed time, possibly one or two hours, to present their oral argument, the litigant is thus compelled to highlight the important issues. This use of language is absent in briefs where lawyers have the liberty to respond to the laws and facts that they find relevant for their case. Moreover, lawyers will be in search of fresh perspectives in relation to the case. As a result, jurists are able to seek clarification on some of the questions that emerged from the briefs. Unlike briefs, justices are in a position to know the highlights of the case as they can easily question the litigant to explain to the court what he or she considers as collateral issues, which should be put into consideration during their judgment. Subsequently, if an advocate fails to clarify some of the issues he or she raised in the brief, then he or she cannot blame the court if it makes a little drift from the issues when making its judgment. In essence, the oral argument has the power to shape the outcome the judges intend to make. The justices can use it to get backing for their verdicts and ultimate results. Johnson notes that most issues that justices raise during an oral argument presentation often appear in their written opinions (73). For instance, in the case of Roe v Wade, a question that emerged during the oral argument later developed to a Court’s theory (Johnson 75). In essence, oral arguments give judges an instrument for substantiating the reasons why they particular decisions. The communication amongst judges is also a vibrant occurrence during oral arguments. This aspect helps judges in raising ma tters that probably a litigant had shied from presenting. Furthermore, raising such questions helps judges to tackle some issues that would complicate the decision-making process if not handled early enough and in the open.Advertising We will write a custom essay sample on Oral Arguments and Decision-making on the Supreme Court specifically for you for only $16.05 $11/page Learn More Indeed, the time that justices get to have a collegial deliberation in the Supreme Court is normally inadequate, and thus they may utilize a portion of the oral argument session to consult each other on the possible outcome of a case (Johnson 94). Nonetheless, the major role of oral argument is to endow justices with adequate and pertinent information. Justices are coupled with reservations that can only be altered by relevant information and laws. From this approach, litigants present oral arguments to give justices information that can shape how they decide on their clien t’s case. In essence, the aim of advocates is to table issues and link them to the current law coupled with how they are going to affect the public policies. Judges rely on the oral submissions made by lawyers to assist them in advancing their goals. A skilled oral advocate can largely influence the outcome of a given case. For instance, in the case of Jensen v Quaring (1985), Justice Blackmun confessed that the oral arguments made by the respondents simplified his decision-making process. Considering the aforementioned issues, what type of information that justices seek after that eventually influences their position in a particular case? At times, justices simply need to have a clear-cut understanding of the issues presented by litigants. Jurists raise questions on certain issues not only to get facts, but also to determine the type of approach that they should adopt. Lawyers are thus compelled to think beyond the facts and law applicable in a certain case and they are advi sed to incorporate the social and political effects of the case in their arguments because judges will consider social and political impact of their ruling with respect to the case. Judges try to associate every point raised by advocates to other scenarios in a bid to construct the actual outcome of the arguments. Essentially, they want advocates to guide them towards a particular path. Nevertheless, judges do not communicate their strategies directly to litigants. One can tell approach adopted by the courts by examining the questions that justices raise during oral arguments. Recent studies indicate that one can simply predict the outcome of a case by tallying the amount of questions directed to a given party. Apparently, a lawyer that receives a certain question ends up losing his or her case (Johnson, 91). Moreover, the prevailing tone during the oral argument can affect the ultimate decision made by judges. The tone gives a glimpse of the speaker’s ambitions, intentions, and aspirations. Presumably, when judges adopt a harsh tone towards a given lawyer, then he or she is likely to lose the case Jonathan, (28).Advertising Looking for essay on law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Johnson comes up with a number of models that Supreme Court judges apply when making decisions with respect to oral arguments. Judges are affected by the quality of information presented by a litigant. In that, judges are likely to vote for the attorney who offers the best oral argument. In this regard, it can be noted that judges may be influenced by a lawyers experience and skills in oral arguments. For instance, judges are likely to be convinced by a Solicitor General that an advocate who has a one year in experience. Another argument is that policy preference plays a role in how judges make decisions after an oral argument. In that, judges are likely to support attorneys whose presentations are close to their policy preferences. Nonetheless, the law restricts how judges are influenced by their ideological beliefs. To explain the latter, Johnson (94) develops the conditional effect of oral advocacy theory where he argues that the proximity of the ideological position of judge in comparison to an attorney is likely to be influenced by the credibility of an attorney’s oral argument. Moreover, the oral argument plays a substantial role in complex cases. Using the conditional effect of information need theory, Johnson (102) asserts that the influence of oral arguments on judges in dependant on the complexity of a particular case. Conclusion The importance and impact of oral argument on the Supreme Court‘s decisions can never be ignored. Not every case is decided on oral arguments; however, when justices begin requesting advocates to expound certain issues during oral arguments, then its significance cannot be overlooked. Oral arguments influence all parties in the Supreme Court and the eventual decision made by judges. By focusing on the important issues, it aids judges in deciding on the strategy that they will adopt in their judgment. On the other hand, justices ask the lingering questions that might have developed from the briefs and get clarifi cation on the important issues of the case. Moreover, it gives judges an opportunity to have collegial consultations on issues that would have possibly made it difficult to determine a case. The impact of oral argument on the Supreme Court cases can thus never be underrated, as it influences the decisions made by judges despite the presence of briefs. Works Cited Johnson, Timothy. Oral arguments and decision-making on the United States  Supreme Court, New York: State University of New York Press, 2011. Print. This essay on Oral Arguments and Decision-making on the Supreme Court was written and submitted by user MotherAskani to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, March 15, 2020

Woodside Petroleum 2005 Company Analysis

Woodside Petroleum 2005 Company Analysis Free Online Research Papers Woodside reported a net profit after tax of $1,107.4 million for 2005 which is 3.4% lower than 2004 of $1,146 million. However, 2005’s underlying net profit after tax increased by 54.5%. This is because a significant item totalling $474.6 million reported in 2004 was from selling off the Enfield oil project (Phaceas 2006). Average oil price has increased 36.8% in 2005 compared with 2004 contributes a $552.6 million to revenue from sale of goods and higher sales volumes raised another A$98.4 million driven by strong Liquefied Natural Gas sales. This corresponds with Howarth (2006), â€Å"Woodside’s average crude oil price in 2005 was $72.88, up from $54.19 the year before†. However, these positive amounts are partially offset by the loss from appreciation of AUD against USD, increased cost of sales and total exploration and evaluation expense. As oil production costs increased from $4.27 a barrel to $6.78 a barrel (Howarth 2006). All these lead to decrease in ROE (net profit attributable to the members of Woodside Petroleum Ltd / Total Equity) from 41.4% in 2004 to 31.6% in 2005. If adjusting for significant items, it actually increases from 29.3% to 30.2%. Liquidity Current ration (Current Assets/Current Liabilities) has dropped dramatically during 2005 from 2.6 to 0.785. It is largely because of the cash outflow amounting to $564.2 million which was mainly for acquiring Houston-based Gryphon Exploration Company. According to Howarth, â€Å"Woodside plans to increase its exploration budget 40 per cent to $500 million in 2006 after spending $346.2 million in 2005 and just $239 million in 2004 (2006)†. Though notion of ‘ideal’ current ratio differs across industries, a higher ratio is normally preferred to a lower one as liquidity is of vital importance to the survival of a business (Atrill, 2000). Meanwhile, payable increased $289.4 million due to the purchase of long-lead items for the Group’s exploration and development activities and the acquisition of Gryphon payable. However, the truth behind the drop in liquidity is wealth creation for future growth. For example, the acquisition of Gryphon in September 2005 provided immediate production and access to a substantial portfolio of exploration leases and prospects in the Gulf of Mexico. Disruption to oil and gas operation caused by Hurricanes Katrina and Rita 2005 was covered up to 88% of pre-hurricane level by the Gryphon portfolio. The Kipper gas field in Bass Strait will cost $200 million which expected to yield $3 billion of gas and natural gas, with Woodside owned 21 per cent it. Gearing There was no new share issued during 2004 and 2005, and Woodside relied more on borrowing. Long term debts remain at the similarly level around 1000 million due to its industry characteristic. But the net gearing (Net Debt* / Equity) in 2005 has tripled in size compare with 2004 because Woodside has increased their borrowing to meet the cash need. The $729 million gained in equity contributed only a small portion to the gearing. Woodside plans to spend $10 billion in development of new projects over the next five years, and three major projects will start production this year (Howarth 2006). * Net debt=short term debt + long term debt cash Impact of International Financial Reporting Standards (IFRS) From 1 January 2005, financial statements prepared by Woodside are in accordance with Australian equivalents to International Financial Reporting Standards (AIFRS) instead of Australian Generally Accepted Accounting Principles (AGAAP). The adoption of AIFRS has impact the following areas: (a) Petroleum Resource Rent Tax (PRRT) Under AGAAP, PRRT was treated using accrual accounting basis. Under AIFRS, Australia Accounting Standards Board (AASB) 112 extends the tax-effect accounting to encompass all taxes on income. Taxable temporary differences arise because deferred PRRT liability or asset is recognised for the differences that have accumulated between PRRT tax base and the accounting base. (b) Employee Share Plan AASB 2 require treatment of employee share plan as share-based compensation, the principal amount of the interest-free, limited-recourse loans to acquire shares are reclassified from receivables to a separate class of shareholders’ equity. Dividend paid on shares issued are retained to repay the loans, are offset against that separate class of shareholders’ equity. (c) Leases Determine whether any service contracts contain leases. All leases should be accounted in accordance with AASB 117. Woodside has identified a finance lease which needs to be reported on the balance sheet, lead capitalisation of leased assets into oil and gas properties and the lease liability recorded as interest-bearing loans and borrowings. As a result, the retained earning will reflects the replacement of lease payments expense with interest and depreciation charges. (d) Functional and Presentation Currency AASB 121 The Effects of Changes in Foreign Exchange Rates, the Group’s functional currency is Australian dollars and US dollars. Assets and liabilities of subsidiaries with a foreign currency are translated into Australian dollars at each period’s closing date and any exchange movements are recorded through a Foreign Currency Translation Reserve (FCTR). (e) Borrowing Costs Borrowing costs on qualifying assets are to be capitalise, this exclude those assets with a value of less than $50 million, all expenses relating to exploration and evaluation, and the foreign exchange differences. (f) Provision for Restoration Under AIFRS, the present value of restoration obligations to be recognised as a non-current liability and to capitalised future restoration costs. The capitalised cost is amortised over the life of the project and the provision is accreted periodically as the discounting of the liability unwinds. The unwinding of the discount is recorded as a finance cost, which leads to reduction in restoration provisions. (g) Investments Investments in equity securities were held at cost under AGAAP. AASB 139 classified investment in equity as either held for trading (unrealised gains or losses reported in the income statement) or available-for-sale (unrealised gains or losses reported in equity) and carried at fair value. The difference between the fair value of investments and historical cost leads to increase in other financial assets and retained earnings. (h) Income Tax Under AGAAP, income tax expense was calculated by reference to the accounting profit after allowing for permanent differences. Under AIFRS, temporary difference arises due to difference between the carrying value of an asset or liability and its tax base. (i) Defined Benefit Superannuation Fund Under AGAAP, cumulative actuarial gains and losses on the defined benefit section were not recognised on the balance sheet. Under AIFRS, provision for employee benefits is recognised as an asset and is measured as the difference between the present value of the employees’ accrued benefits and the net market value of the superannuation fund’s assets at that date. The impact would be increase in other assets for the surplus superannuation fund assets and to record the related gain in the income statement. (j) Embedded Derivatives AASB 139 requires the identification, recognition and measurement of derivatives embedded within contracts that a company may enter. (k) Financial Instruments AASB 132 and 139 require all financial instruments to be initially recognised at fair value. Subsequently, movements in financial instruments are recorded in the income statement. (l) Hedge of Net Investments Under AGAAP, US dollar borrowing were treated as a hedge of US dollar sales revenues. However, US dollar borrowing does not meet the hedge accounting requirements under AIFRS. (m) Sale of Assets Under AIFRS the net gain or loss on sale of each class of asset is classified as other income or other expenses in the income statement. Under previous AGAAP, proceeds on sale were classified as other income and the written down value of assets disposed were disclosed as other expenses. (Woodside Concise Annual Report 2005) Reference Woodside signs $2b LNG deal, The West Australian, 2 May 2006 Atrill, Peter 2000, Accounting: an introduction, Prentice Hall, NSW Ball, Y Risk-hungry Woodside looks offshore for growth, Australian Financial Review, 16 January 2006. Ball, Y Woodside slips as junta disputes production contract, Australian Financial Review, 4 February 2006. Bell, S Woodside Petroleum Heats Up Demand for Natural Gas Fuels Jump in Australian Firms Shares, The Wall Street Journal, 3 January 2006, Dow Jones Newswires. Energy, N. W Woodside in Kansai gas deal, The Australian, 23 March 2006. Findlay, T Resource stocks take a breather, Australian Financial Review, 6 January 2006. Fitgerald, B Woodside shoots to glory as it cashes in on oil boom, The Age, 12 April 2006. RESOURCES EDITOR Howarth, I Woodside to keep pumping out profits, Australian Financial Review, 16 February 2006., 5 May 2006., 5 May 2006. Keenan, R Japanese loyalty a big boost for Woodside, The Courier-Mail, 9 March 2006. Palepu, K.G., Healy, P.M and Bernard V.L. 2004, Business Analysis Valuation Using Financial Statements, 3rd edn, Thomson, Mason. Phaceas, J Woodside flags Sunrise start as profit tops $1 b, The West Australian, 16 February 2006 Sprague, J.A Investors cheer as share prices soar to record on back of gold, The West Australian, 10 January 2006. Research Papers on Woodside Petroleum 2005 Company AnalysisDefinition of Export QuotasThe Relationship Between Delinquency and Drug UseMarketing of Lifeboy Soap A Unilever ProductTwilight of the UAWInfluences of Socio-Economic Status of Married MalesThe Project Managment Office SystemIncorporating Risk and Uncertainty Factor in CapitalOpen Architechture a white paperStandardized TestingBionic Assembly System: A New Concept of Self

Thursday, February 27, 2020

Research proposal Dissertation Example | Topics and Well Written Essays - 1500 words

Research proposal - Dissertation Example In view of the same, the concept of total quality management is deemed of paramount importance to these outsourced companies. Hence, the main focus of this paper is to look into the manner by which total quality management principles are incorporated into the processes adopted by the outsourced industries. Total quality management is defined as that philosophy for management concerned with the continuous improvement of the quality of products and processes (Ahire 1997). This particular management concept is used all over the world. The functions related thereto are based on the fact that the quality of products and processes is the responsible of everyone who is engaged in the creation or consumption of the products or services that are offered by the organization. In this sense, Total quality management entails the involvement of the management, workforce, suppliers and even customers in order to ensure that the expectations of the customers are met (Ahire 1997). Hakes (1991) on the other hand, also mentioned that total quality management is essential to all successful organizations. ... Literature Review To provide a solid ground to this study, the researcher reviews extant literature with respect to outsourcing and total quality management. This literature review covers pertinent areas related to the same. To ensure an extensive discussion as regards the subject matter at hand, this section is divided into the following sub-sections: (1) Total Quality Management: An Overview and (2) The Outsourced Information Industry: The Need for Total Quality Management. Total Quality Management: An Overview. As earlier stated, the importance of total quality management as an essential part of the management philosophy is grounded on the fact that it ensures the performance of a certain firm in accordance with the expectations of the customers and at the same time, to enable it to cope with the ever changing global market places. Usually, total quality management results into two important consequences for the firms: first, increase in productivity; and second, customer satisfac tion. One of the main characteristics of Total Quality Management is related to the need to identify the root causes of quality problems and at the same time, correcting them from the source. This is basically in line with the efforts to incorporate quality in all aspects of the organizations. Thus, it usually involves all the people in the organizations such as the customers, the employees and the suppliers. According to the article entitled â€Å"Total Quality Management† (n.d.), total quality management often has the following aspects: (1) Customer Focus; (2) Continuous Improvement; (3) Employee Empowerment; (4) Use of Quality Tools; (5) Product Design; (6) Process Management; and lastly, (7) the Management of Supplier Quality. The focus of the

Tuesday, February 11, 2020

Emerging Economy is coined to defined developing countries that are Essay

Emerging Economy is coined to defined developing countries that are undergoing a growth through a reform or practices - Essay Example This increase in foreign investments allows room for development and economic growth within these countries. China and India are considered to the top emerging economies at present given their rate of development in the last decade. These countries have been able to develop their infrastructure to such an extent that international countries from all over the world have opened up operation in these two countries. For the purpose of this paper, an attempt would be made to develop an understanding of one of these countries, specifically India. India, though was primarily an agricultural country, has used globalization to develop its technological infrastructure which has been the main source of growth for the country in the last decade. The paper would work on the different factors, specifically economic, political and technological factors, which allow India to enjoy the position of an Emerging Economy. Based on this analysis, recommendations would be developed for India to improve upo n its economical position in the coming years. India India is one of the most populated countries of the world and specifically the world’s most populated democratic city. ... India, from then onwards operated as a democratic nation with a wide gap between its rich and poor. It was not till the economic reform of 1990 that India was able to enjoy a growth in its economy. Subsequent to the economic reforms, India enjoyed an economic growth that rose to 7 percent annually for three consecutive years, namely from 1994 to 1997. Even during the recent global financial crisis that hit the world in 2007, India was able to show a positive economic growth. It was able to not just avoid the recession but was also able to show a growth of 6.5 percent in 2010 (Lynch, 2010). At present, India occupies a prominent position in the world in terms of its economic position. India is considered to be among the top 15 countries as it is the fourth largest economy after US, China and Japan. India, with its huge labor pool, attracts extensive amount of foreign investment in the form of international companies wanting to open up operations in foreign countries. This being so, In dia is the second most preferred country, after China, as an investment destination. Critics, however, argue that India is a long way from being considered a developed country. Even though, India has been able to show a consistent economic growth, it may not be able to maintain this growth given its political conditions and infrastructure. They believe that India has not truly capitalized on its current position and thus has not taken to development at a rapid pace. For them, India has not been able to reap the potential that it has given its rich labor pool and technological advancement. In the following section, this paper would analyze the economic, political and technological factors that led to the consideration of India