Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. Presentation 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Purposes behind the premise of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). Ward 1. Fundamental Issues Patel v Singh (No 2) (1987) KLR 585 2. Custom-based Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Association Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams and Glyn's v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defense of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton's Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab and Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Sea Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. An Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown and Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) 'Free' 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Capacity Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn and Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline and French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v L ee Kui Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline and Bloch (No. 2) (1984) 'Times' 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Legal Position Service out of the purview under Civil Procedure Rules just with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell's ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or legitimate gathering: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Administrations (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on legitimate law of agreement, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of domains, probate: (j)Enforcement of judgment and grants 4. Brussels Convention (a)Objectives; examination with precedent-based law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: expressions 2, 3) LTU v Eurocontrol (1976) ECR 1561; Bavaria and Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of use: common and business matters (craftsmanship. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Special cases: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see likewise The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): I) General principle: residence of litigant (craftsmanship 2); definition: (expressions 2-3 The Deichland (1989) 3 W. L. R. 478 I) Special (simultaneous) purview (Arts. 5-6) particularly 1. Agreement: spot of execution of commitment: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) 'Times' 24 October; M edway v Meurer (1990) 'Times' 7 May 2. Tort: where the unsafe occasion happened: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) 'Times' 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Clergyman Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, office and so forth: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert and Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) 'Times'12 January. 4. Protection (expressions. 7-12); Consumer Contracts (expressions. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive ward (craftsmanship 16) particularly: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) 'Times' 5 September. 2. Organizations or Legal Persons 3. Authorization of judgment iv) Submission v) Contractual understanding (craftsmanship 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other accommodation (craftsmanship. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Be

Discuss Factors That Facilitate Or Hinder Grief In Your Tribe - 1925 Words

Discuss Factors That Facilitate Or Hinder Grief In Your Tribe (Admission Essay Sample) Content: BCP/2014/59429 1 Discuss factors that facilitate or hinder grief in your tribe. (15 Mks)Grief is the internal response that comes about as a result of bereavement, the loss of a loved one by death. Although grief is a uniquely personal experience, there are many factors that can affect the nature and intensity of ones grief experience. The primary factor is the degree of attachment to or significance of the deceased. It is generally agreed that the more we are attached, the more likely we are to more deeply experience the loss of him or her.Whether the death is expected or unexpected: It may seem that any sudden, unexpected loss might lead to more difficultgrief. However, studies have found thatbereavedpeople with highself-esteemand/or a feeling that they have control over life are likely to have a normal grief reaction even after an unexpected loss. Bereaved people with low self-esteem and/or a sense that life cannot be controlled are more likely to have complicated grief after an unexpected loss. This includes moredepressionand physical problems.The personality of the bereaved: people with certain personality traits are more likely to have long-lasting depression after a loss. These include people who are very dependent on the loved one (such as a spouse), and people who deal withdistressby thinking about it all the time.The religious beliefs of the bereaved: religionhelps peoplecopebetter with grief. Religion seems to help people who go to church often. The positive effect on grief may be because church-goers have moresocial support.Whether the bereaved is male or female: In general, men have more problems than women do after a spouses death. Men tend to have worse depression and more health problems than women do after the loss. This may be because men have less social support after a loss.The age of the bereaved: In general, younger bereaved people have more problems after a loss than older bereaved people do. They have more severe health problems, griefsymptoms, and other mental and physical symptoms. Younger bereaved people, however, may recover more quickly than older bereaved people do, because they have more resources and social support.The amount of social support the bereaved has: Lack of social support increases the chance of having problems coping with a loss. Social support includes the person's family, friends, neighbors, and community members who can givepsychological, physical, and financial help. After the death of a close family member, many people have a number of related losses. The death of a spouse, for example, may cause a loss of income and changes in lifestyle and day-to-day living. These are all related to social support.There are a number of factors that affect the grief experience: 1 The nature of the relationship with the deceased * The strength and security level of the attachment * The type of relationship: * mother/father, child, sibling, grandparent/grandchild, friend, etc., * or a socia lly un-acknowledged or disenfranchised relationship, i.e. ex-spouse, extra-marital lover, homosexual relationship, pet, etc. * Any ambivalence or conflicts in the relationship * Dependencies emotional, financial, etc. 2 The type of death circumstances surrounding the death (death surround) * Natural, accidental, suicidal, or homicidal * Suddenness or expectedness of the death * Violent or traumatic death * Multiple simultaneous deaths (or within a short time period) * Was the death preventable, or believed to be so? * Ambiguous death not sure if s/he is dead or alive, i.e. MIA, kidnapped, etc. * Stigmatized death, i.e. AIDS, suicide (accidental or intentional), etc. 3 Personality variables of the bereaved * Age and gender * Uniqueness of temperament and coping style * Life experience, birth order, only child, etc. * Ego strength: self-esteem level, general mental health * Physical health * Assumptive world view beliefs and values cultural, religious, spiritual the ability to m ake meaning from a tragedy Past grief experiences 4 Social variables Support network availability family, friends, church, community, etc. Cultural or ethnic influences and expectations Disenfranchised grief caused by a socially stigmatized relationship or death surround 5 Other stressors on the bereaved Multiple losses over a lifetime and/or relatively short time period Secondary losses job, home, health, etc.2) Discuss how you can use Kubler Ross Model of grief to help a client who has been diagnosed with a terminal illness. (15 Mks)The diagnoses of a terminal disease is rarely met immediately with a sense of peace and acceptance, most often the individual in question will travel though five separate stages of grief. These stages, in order, are: Denial and isolation, anger, bargaining, depression, and finally acceptance. Recognizing the stage of grief the individual is currently experiencing will help you to tailor your counseling approach.During the denial and isolation stage, for example, repeatedly confronting the individual with the reality of their condition is likely to do no more than anger them and create a wall of resentment. Denial and isolation stage is a good time to help educate the individual on the specifics of their condition and on the various treatments that may be available. There is a certain optimism that comes with denial, one should take advantage of the energy that comes with that optimism.First of all, a good rule of thumb is to listen three times more than you speak. When you do speak try to say things like: * "It's normal for you to feel that way." * "I'm listening." * "I'm here for you." * "I understand what you're trying to say."At the same time, help them to combat the desire to isolate themselves from friends and family. Often as the individual's condition progresses they will be increasingly tired and often either sedated or in pain, at that point they may regret isolating themselves from those they love during a time of re latively good health and that regret can hamper their ability to achieve acceptance. There is no reason for the individual to spend every waking moment with their loved ones and they should be allowed quiet times to themselves, but involving family and friends in everyday tasks, as well as enjoyable outings will create comfortable memories for everyone involved.Avoid saying things like: * "I know how you feel." * "Everyone goes through this eventually." * "There is no need to feel that way." * "Don't say things like that." * "Don't be pessimistic."Anger stage is the most difficult to deal with. The individual has come to grips with the inevitability of their condition and suddenly feels frightened, cheated, defiant and even unloved. The natural reaction for both loved ones and counselors alike is to distance themselves from the individual, but this reaction should be avoided as much as possible. For the loved ones, a time of detachment can create stronger feelings of guilt once the individual has passed on. For the counselor a time of detachment can harm the individuals trust and make them feel as though they cannot depend on you fully, or that they must guard what they say and how they act with you. This can be very harmful to the counselor relationship. In my opinion, the best way to deal with this stage is to simply let the individual know that youre there should they need you, let them know its okay to be angry, and be honest. Very few individuals enjoy being handled with kid gloves, and an individual with a terminal illness might feel as though theyre being ignored or babied if those around them simply take their abuse without comment.The bargaining stage usually presents itself in one of two ways - both typified by "if / then" thinking. Sometimes the individual will bargain with their past - "If only I had taken better care of myself, then I wouldn't be sick now." Depending on the situation this type of guilt might be relieved with knowledge. An individu al dying of lupus, for example, is unlikely to have had any way to prevent the disease. An individual dying of lung cancer after a lifetime of smoking, however, is unlikely to be comforted by the knowledge that he / she is in fact partially responsible for their illness. In such a case I would recommend looking for ways in which the individual can forgive themselves, and seek the forgiveness of their families, for their condition and eventual death. I will go through a couple of ways this forgiveness can be sought later on in the article.Other individuals will bargain with their future, though it has been my experience that future bargaining is mostly done by theists - "If only you heal me, I'll spend every day spreading the gospel". I suppose there are ways for an agnost...

Outline Of The Road Of Revolution - 842 Words

Michael Molzon 9/20/14 American Pageant – Outline Chapter 7 Dr. Urban Chapter 7 – The Road to Revolution I. The Deep Roots of Revolution A. It can be said that the road to American revolution began at the first European footsteps B. Sense of Independence had already arisen dues to the distance between England and America C. Two ideas: i. Republicanism – â€Å"a just society in which all citizens willingly subordinated their private, selfish interests to the common good† ii. Radical Whigs – â€Å"made attacks on the use of patronage and bribes by the king s ministers. They warned citizens to be on guard for possible corruption.† II. Mercantilism and Colonial Grievances A. Mercantilism i. Colonies a. Exist to benefit the â€Å"Mother Country† b. Provide raw materials, supplies, goods, etc. c. Ships, trade d. Made tobacco and sugar for England for very cheap ii. Laws such as the Navigation Laws iii. Colonists were restricted to manufacture only specific goods iv. No established currency v. England could overturn any established colonial laws III. The Merits and Menace of Mercantilism A. Salutary neglect, navigation laws not enforced as long as England was turning a profit B. Colonists took benefits from the mercantile system, large sums for ship builders, colonial protection by British army C. Colonists felt used by Britain D. Revolution was an effect of British failing to let American become a nation IV. The Stamp Tax Uproar A. French andShow MoreRelatedBook Review of Edmund S. Morgans The Birth of the Republic, 1763-89.581 Words   |  3 PagesMorgans studies focused on American colonial history and English history. He wrote many books examining the colonial period and the period of Revolution, an example of which is The Birth of the Republic. 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Human Evolution Is The Process Of Change By Which People...

Hominid Skull Evolution Sharmili Lakshmanan Bio 1107 Introduction: Human evolution is the process of change by which people originate from apelike ancestor. Behavior traits and scientific evidence show that people are originate from apelike ancestor. Humans first evolved in Africa, and much of human evolution occurred on that continent. The process of evolution involves a series of natural changes that cause species to arise, adapt to the environment, and become extinct. All African early hominids—small australopithecines as well as the very tall Homo erectus have absolute body breadths within the modern human tropical-subtropical range; variations in relative body linearity is due almost entirely to variations in stature (Ruff, 1991).All species have originated through the process of biological evolution. Scientists classify each species with a scientific name. For modern humans, they are classified as Homo sapiens. Physical and genetic similarities show that the modern human species, Homo sapiens, has a very close relationship with the apes. The one early hominid to show a significant departure from this adaptive pattern toward later hominids—cranially, dentally, and postcranially—is H. habilis from East Africa ( Pilbeam et gould , 1974). The early hominids heads were significantly different from modern human. Modern human has larger brain size than the early hominids. Early hominids had

The Fishermen Paintings Essay Example For Students

The Fishermen Paintings Essay Zhanshou Archipelago is located in Zhejiang province, which is in the southeastern coast of China. Due to the great geographical advantage of the Yangtze estuary and the Hangzhou bay on the outer rim of the East Sea, Zhoushan becomes the world famous fishing grounds (Gernet, 2002). Unique marine culture gives Zhoushan a large amount of special island custom, such as Zhoushan shell carvings, the memorial ceremony for sea and Zhoushan drums. The most impressive one for tourists and natives is the fishermen paintings. Plain fishermen painters combine the sea, unlimited imagination, the good wishes and sincere emotion together to conceive different kinds of gorgeous fishermen paintings. Zhanshan is my hometown where I have lived there for more than twenty years. When I was young, I always puzzled over how vast the sea is. I was so amazed when my father told me that the earth is mostly covered by sea. From that time, I am proud of that I am the daughter of the sea because I live near the sea. The other reason why I am so interested in the sea is the stories that were told by grandfather, which attracted me very much. He was a fisherman when he was young and he had lots of wonderful experience while he was going shipping far away from the land. Although it is regretful that I cannot gain the opportunity to go through it by myself, I often imagine how wonderful it is in my own mind. The first time when I saw the real paintings in the Zhoushan Art Museum, I was deeply moved and impressed. The stories that my grandfather told me had become the vivid sight that appeared in front of me. I could feel the power that painters tried to convey to audiences, and the paintings gave me more understanding of the marine culture of my hometown. There are two pieces of masterpieces that give me a very deep impression. One of them is named The Song of Heart. This is a painting that regards ships moored in the harbor as the creation of materials. Thousands of fishing boats are waiting in line and slowly towards the sea, and the some boats are just parked there. The painter of this work is Baicun Luo who uses bright color to depict it, such as using pure colors to paint boats. The composition of it is compact and dazzled, and gives audiences enough visual impact and spiritual shock. The other one is called Fishermen and Sea that depicts how fishermen live and eat by sea, which expresses the hope, happiness and power. The sea is so magnificent and has countless treasures to explore. Fishermen paintings represent mostly the sea and the sea-related things, even if the myths and legends also are related to sea tightly. Fishermen come and go into violent storm and roaring waves, or even experience the life and death struggle. The incredible adventures offer works fantastic, mystical, abstract and grotesque style, and give them a strong flavor of modern regional characteristics and national consciousness. Likewise, these subjective feelings and intense flavors of life are expressed through exaggerated, casual images and gorgeous, strong colors. Even the people who live far away from the sea and never have a look at the sea, they also can feel the power that the sea brings to them and look forward to seeing it by their own eyes. Fishermen painters love their island, their work and their lives. They regard the sea as the inspiration, create the paintings in accordance with their imagination of environment and life, and express their thoughts and feelings with the image of simple thinking emotions. Also, the paintings are based on the actual image of the objective reality. Painters start to carry out bold ideas, exaggerated conception and imaginative through brushes that reveal their true feelings about life and affection for the sea. .uf707a59dc2bb791d557870292dfe506d , .uf707a59dc2bb791d557870292dfe506d .postImageUrl , .uf707a59dc2bb791d557870292dfe506d .centered-text-area { min-height: 80px; position: relative; } .uf707a59dc2bb791d557870292dfe506d , .uf707a59dc2bb791d557870292dfe506d:hover , .uf707a59dc2bb791d557870292dfe506d:visited , .uf707a59dc2bb791d557870292dfe506d:active { border:0!important; } .uf707a59dc2bb791d557870292dfe506d .clearfix:after { content: ""; display: table; clear: both; } .uf707a59dc2bb791d557870292dfe506d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uf707a59dc2bb791d557870292dfe506d:active , .uf707a59dc2bb791d557870292dfe506d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uf707a59dc2bb791d557870292dfe506d .centered-text-area { width: 100%; position: relative ; } .uf707a59dc2bb791d557870292dfe506d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uf707a59dc2bb791d557870292dfe506d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uf707a59dc2bb791d557870292dfe506d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uf707a59dc2bb791d557870292dfe506d:hover .ctaButton { background-color: #34495E!important; } .uf707a59dc2bb791d557870292dfe506d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uf707a59dc2bb791d557870292dfe506d .uf707a59dc2bb791d557870292dfe506d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uf707a59dc2bb791d557870292dfe506d:after { content: ""; display: block; clear: both; } READ: Renaissance paintings reviews EssayTherefore, every work exudes rich â€Å"Smell of the Sea. These works of art filled with sea flavor, and have a distinct regional characteristics and flavor of life. For example, they draw a lot of fishing nets, gulls and sea animals on the fish’s body, which is a clever combination of these things that is woven into a distinctive style and a brand new form. As for the different kinds of tools that fishermen and crabbers use, when painters try to perform them, they can put different time and space, different viewpoints and characteristics of various objects together intricately. It means that everyone can put his own interested things in a screen, so that the painting is unique and has a great life capacity. What is more, fishermen paintings are full of imagination, deformation and exaggeration, and there are no restrictions in shape. Painters often use their feelings as the center, according to the needed sights that appear in the same screen where you look up, look down, flat-looking, side-looking or others, which constitute the special shape mode of Fishermen Paintings. All the inspirations of Fishermen Paintings come from the painters’ real lives. The work is a kind of specific language for fishermen, and it is a kind of beauty’s expression of their personal experience and perception in labor productivity, island customs, rituals and the fishing festival. Also, it is a life’s interpretation of living beside the sea, watching moody and violent tsunami waves, and listening to the howling winds. Romain Rolland once said: â€Å"The great significance of the arts, basically because it shows the true feelings of the inner mysteries of life and passion of the world† (1888). I clearly remember the first time I saw the fishing boats. The fishing boats maybe not so big but have their distinctive features. These fishermen are well trained and they put all efforts into fishing in order to support their family. I once learned how to paint and I know it is not a simple thing to express your feeling in a simple work. It is a really hard thing to show the sprit of the work unless you love and understand it more than anyone else. Nature endows everything for human beings, and also motivates the creation of human’s inspirations and passions. We cannot talk about art without art works, and art creation is inseparable from real life works and artists. Arts come from real life, but more than life†(Cotter). The beauty of real life can be divided into many forms including social beauty and natural beauty. Natural beauty is the beauty of the natural world itself, while society beauty lies on the beauty of the thing itself, and people’s beauty depends on the persons own appearance and virtue. Fishermen paintings rely on their every day’s real life, simple but full of surprise. They draw what they see, what they do and what they feel, and add many creative imagination to the works. In an earlier time, I thought the more realistic the image of artwork is, the painting is more beautiful, so I was accustomed to using the â€Å"realistic† standard to measure whether a piece of artwork is good and bad. It now appears that these works would be too tacky, not engaging, and have no depth. Like fishermen paintings, they are exaggerate and colorful, which beyond the reality and give people more space to imagine. It is said that Zhoushan fishermen paintings use unrealistic way to represent the real life scenes, which is a kind of fantastic virtual cultures in our life. Bibliography: Cotter, Holland. â€Å"The Art Is in the Detail.† New York Times. 2007. Web. 21 Nov.2008. Clunas, Craig.  Art in China. Oxford University Press, 1997. 150-250. Print. Gernet, Jacques.  A History of Chinese Civilization. translated by J.R. Foster and Charles Hartmann (2nd edition ed.). New York: Cambridge University Press, 2002. Print. Rawson, Jessica.  The British Museum Book of Chinese Art (2nd ed), British Museum Press, 2007. Print. Rolland, Romain. Beethoven. New York: BiblioBazaar, 2009. Print.

Introduction Of The Care Quality Commission Social Work Essay Example

Introduction Of The Care Quality Commission Social Work Essay The debut of the Care Quality Commission arguably fixesA that which was non broken.A Editorial The Trials of Marriage, The Guardian, Wednesday 1st AprilA 2009.A The CQC came into being on 1st April 2009. See the intendedA function of the CQC and measure this statement in visible radiation of the experiencesA of the first full twelvemonth of the CQC s being. We need to see tougher action by the committee on hapless suppliers. The committee can enforce or vary conditions where older people may be at hazard. It can call off the enrollment if that is the lone manner to guarantee safety. Areas highlighted as needing pressing attending include record-keeping, medicine, attention programs and staff supervising. Operating as from April 1st 2009 the Care Quality Commission ( CQC ) takes over from the function of the former Commission for Social Care Inspection ( CSCI ) as the enrollment and ordinance organic structure for societal attention in England, every bit good as executing the maps of the former Healthcare Commission and the Mental Health Act Commission. The CQC requires all wellness and grownup societal attention suppliers to register their regulated activities. Regulated activities that require enrollment are declared in the Health and Social Care Act 2008 ( Regulated Activities ) Regulations 2009, Pt II, s 3 ( 1 ) . The intended function of the CQC is to do the general criterion of attention better, nevertheless concerns have been raised about the hapless quality of wellness attention for the aged as about one one-fourth of places for older people provide unequal attention. The CQC has done a batch of beguiling in its first twelvemonth of being which confirms the statement that it arguably holes that which was non broken . First, its staff have had to make an administration from the amalgamation of the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission. In add-on, it has had to go on its predecessors maps in measuring grownup societal attention proviso, measuring wellness services and supervising the intervention of detained mental wellness patients. We will write a custom essay sample on Introduction Of The Care Quality Commission Social Work specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Introduction Of The Care Quality Commission Social Work specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Introduction Of The Care Quality Commission Social Work specifically for you FOR ONLY $16.38 $13.9/page Hire Writer There are several wellness attention regulators viz. the Care Quality Commission ( CQG ) , the Health Protection Agency ( HPA ) , the Human Tissue Authority ( HTA ) , the Medicines and Healthcare merchandises Regulatory Agency ( MHRA ) , the Medical Research Council ( MRC ) , the National Institute for Health and Clinical Excellence ( NICE ) and the National Patient Safety Agency ( NPSA ) . The CQG regulates all the wellness and grownup societal attention in England and besides protects the involvements of those detained under the Mental Health Act. The most late devised wellness attention regulator is the CQC which seems to be an effort at embracing the function and maps of the other organic structures. The CQC has made proposals for its attack to the appraisals of quality in 2010/2011 for all establishments in England that provide health care and grownup societal attention services, and for the National Health Service ( normally referred to as the NHS ) and local authorization administrations that committee those services. The proposals were set up in conformity with the Heath and Social Care Act 2008. From April 1st 2009 all administrations that are suppliers of health care and grownup societal attention services in England will be required to be registered by October 1st 2010 with the CQC as stated by the Heath and Social Care Act 2008. Registration is non merely about the initial enrollment. but includes initial enrollment, monitoring and appraisal of ongoing conformity, review and execution. The CQC has to set about enrollment activities every bit good as to execute periodic reappraisals, and particular reappraisals and surveies and to print information on its findings. A new legal model has been created to ease the new ordinance system that is the Health and Social Care Act 2008 ( Registration Requirement Regulations 2009 ) . The Health and Social Care Act 2008 gives the CQC extended powers. It can publish enforcement notices, withdraw supplier organic structures rights to supply services wholly or can publish certain conditions of service/registration if it decides it is necessary to make so. Its enforcement options range from minor to really serious countenances depending on the service affected grade of hazard or service break. However the CQC stresses it wants the regulative system to drive and back up the health care and grownup societal services administrations to better and raise criterions and to be based on equity and transparence. On its official website the NHS describes the intended function of the CQC a regulator which makes certain that the voices of people who use wellness and grownup societal attention services are heard by inquiring people to portion their experiences of attention services. It makes certain that users positions are at the bosom of its studies and reappraisals. In some instances patients and their carersA work aboard inspectors to supply a user s position of services. The world and whether the CQC has successfully achieved the ends the NHS mentioned is arguable. The CQC is responsible to do certain that indispensable common criterions of quality are met everyplace wellness attention is provided, from infirmaries to private attention places and work towards bettering wellness attention services. The Commission promotes the rights and involvements of people who use services and have a broad scope of enforcement powers to take action on their behalf if services are intolerably below criterions The CQC brought together ( for the first clip ) independent ordinance of wellness, mental wellness and grownup societal attention. Before April 1st 2009, these undertakings were carried out by the Healthcare Commission, the Mental Health Act Commission and the Commission for Social Care Inspection. The purpose of the CQC is to guarantee that better attention is provided for everyone wherever it is provided. The Commission has greater powers and duties to utilize and take history of people s positions and experiences of services, and this includes grounds from overview and examination commissions. In June 2009, a Statement of Involvement was published puting out the Commission s attack to affecting people in their mission.A Overview and scrutiny commissions working on wellness issues have been an of import beginning of grounds of people s positions and experiences of wellness services for the Healthcare Commission. The Commission wants to construct on this relationship and to promote commissions to develop an on-going duologue with them. Scrutiny commissions have a cardinal function in conveying together and jointing the positions of local people who use wellness and societal attention services in their country, and to look into whether their demands and concerns are being addressed by service commissioners and suppliers. In many ways, examination commissions operate like a local regulator, keeping services to account. During its first twelvemonth the CQC has faced many challenges which sheds a uncertainty of whether the Commission has truly fixed a prevalent issue or has fixed that which was non broken. The CQC has had to continue with the functions carried out by its predecessors as stated in the Health and Social Care Bill, Part II. The CQC has besides introduced a new enrollment system for wellness and societal attention suppliers in English which is the first clip the NHS has been regulated in that mode. The new nucleus criterions imposed by the CQC will replace the ordinances and comparative National Minimum Standards under the Care Standards Act 2000 which will be null as from September 30th 2010. The ordinances introduced by the CQC will use from October 1st 2010 ( the day of the month when the suppliers must be registered in the new system ) . Under the new system introduced by the CQC, alternatively of being separately registered for each service, suppliers will hold to register harmonizi ng to their several regulated activity. In September 2009, the CQC had to confront a serious allegation about pull stringsing study findings. The caput of the Development for Mental Health, Louis Appleby, accused the CQC of seeking to pull the media s attending by portraying a deformed flattering image of the Commission s work therefore sabotaging the intended function of the CQC which is to be factual and balanced and inform the populace and patients . Professor Appleby expressed his concerns about the hapless public presentation of the CQC which the Commission did non welcome. In December 2009, Colin Angel, the caput of policy and communicating United Kingdom Homecare Association and the Registered Nursing Home Association criticised the Commission s failure to pass on efficaciously over the system of enrollment: We are highly defeated about the handling of the enrollment procedure. We fear that CQC is nt adequately prepared for the tremendous communicating exercising confronting them. Colin Angel besides identified the fact that the CQC was losing the chance to utilize the extended proficient cognition available from suppliers representative organic structures which the Registered Nursing Home Association head executive Frank Ursell approved. Some service suppliers have expressed their concerns about the fact that the Commission might hold embarked on a mission which was excessively extended and disputing to them as stated by the joint chair of the Association of Directors of Adult Social Services criterions and resources web: It has been stretched at senior direction degree and we ve had rather short notice of a figure of enterprises. It s been a spot hand-to-mouth in footings of its ability to do determinations. She points to the fact that concluding counsel on how councils were to be assessed in 2009-10 was merely published three-fourthss of the manner through the twelvemonth. Colin Angel, caput of policy and communicating at the UKHCA, says: The CQC has lost valuable clip restructuring, go forthing deficient clip for over 24,000 societal attention suppliers to accommodate to new criterions before they are required to re-register. But Amanda Sherlock, caput of operations at the CQC, says it has been an outstanding accomplishment to draw together the three committees, deliver concern every bit usual every bit good as bring in a new regulative theoretical account , while constructing a new administration. She says that some things could hold gone better, stating that the CQC has worked on how it handles national proclamations, so councils and other organic structures face no surprises when these go on. Norman acknowledges the CQC has shown itself willing to listen and accepted the concerns that we ve had . On supplier enrollment, Sherlock says: We are acute to hear how we can make things better and how we can orient our attack and communicating. She says the CQC has an absolute focal point on doing certain suppliers are clear what is expected between April and October when they must register. National Care Forum executive manager Des Kelly says for its portion the supplier sector needs to work with the CQC to guarantee enrollment succeeds. Sherlock admits the CQC has set a batch of clip into organizational development but says this has paid off in set uping an administration that has an absolute committedness to driving up quality and safety across wellness and societal attention without specifying any sector as particular . A twelvemonth ago, many in societal attention, including former CSCI chair Dame Denise Platt, feared the wellness service s high political and public profile would do it particular . And since Johnstone s going last fall, there has been no 1 with a societal attention background on CQC s executive squad below main executive Cynthia Bower, who left societal services in 1995. Sherlock insists such frights have proved baseless, but says the CQC has been helped by grownup attention s lifting profile. Sherlock, who worked for the CSCI and its predecessor, the National Care Standards Commission, points to her ain centrality to CQC s strategic way, despite non being on the executive squad. She besides reveals that the CQC will shortly name a national societal attention advisor, to supply external challenge and beef up links with the sector. Kelly says the issue of societal attention s precedence has gone better than I would hold predicted 12 months ago . Concerns have besides been raised that the CQC would non keep the CSCI s focal point on user engagement. Sue Bott, manager of the National Centre for Independent Living, which provides users to move as experts by experience on review squads, says engagement is nowhere near as prevalent as it was in the CSCI. The CQC produced a statement on user engagement last June, plighting to carry on studies and put up advisory panels. Sherlock agrees there is more to make but says the statement has been implemented and the CQC s user engagement squad, led by Frances Hasler, who performed the same function for the CSCI, actively challenges all parts of the administration . One of the cardinal aims of the CQC is to back up the integrating of wellness and societal attention. Kelly says he has non seen a great trade of grounds as yet of advancement on this forepart. But Sherlock points to the particular reappraisals that the CQC has been making on issues that cross the divide, including the quality of health care for attention place occupants, which she says will place good pattern and any spreads. These will describe in 2010-11, alongside the axial rotation out of enrollment for grownup attention suppliers and a Reformed public presentation appraisal for councils. It will be another busy twelvemonth. ONE Year OF THE CQC April 2009 The Care Quality Commission starts work. Surpassing Commission for Social Care Inspection chair Dame Denise Platt raises concerns over its possible to sufficiently prioritize societal attention and affect service users. May 2009 Former Association of Directors of Adults Social Services criterions lead David Johnstone appointed manager of operations at the CQC. He leaves the administration after merely a few months. June 2009 Statement on service user engagement published. The CQC announces series of particular reappraisals for 2009-10, including of health care demands of attention place occupants and impact of recession on services. July 2009 The CQC says NHS trusts are neglecting to follow with kid protection demands in countries such as staff preparation in study sparked by Baby Peter instance. September 2009 DH mental wellness manager Louis Appleby says the CQCHYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/09/29/112717/appleby-accuses-care-quality-commission-of-seeking-headlines.htm HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/09/29/112717/appleby-accuses-care-quality-commission-of-seeking-headlines.htm s portraiture of consequences of an in-patient study was HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/09/29/112717/appleby-accuses-care-quality-commission-of-seeking-headlines.htm HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/09/29/112717/appleby-accuses-care-quality-commission-of-seeking-headlines.htm intentionally distortingHYPERLINK http: //www.communitycare.co.uk/Articles/2009/09/29/112717/appleby-accuses-care-quality-commission-of-seeking-headlines.htm and merely highlighted negative findings. The CQC says many study consequences were haples s. October 2009 The CQC publishes bill of exchange criterions for wellness and societal attention suppliers, and holds run intoing with mental wellness leaders over its presentation of the consequences of its in-patient study. December 2009 Adass criticises the CQC for its intervention of eight councils labelled HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/12/04/113366/adasss-owen-attacks-cqc-over-treatment-of-eight-councils.htm HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/12/04/113366/adasss-owen-attacks-cqc-over-treatment-of-eight-councils.htm precedence for improvementHYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/12/04/113366/adasss-owen-attacks-cqc-over-treatment-of-eight-councils.htm HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2009/12/04/113366/adasss-owen-attacks-cqc-over-treatment-of-eight-councils.htm following one-year public presentation appraisal ( APA ) . Councils better for 7th twelvemonth running. February 2010 The CQC says ?2bn could be saved a twelvemonth from reduced infirmary admittances if joint working improves between wellness and societal attention in first HYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2010/02/10/113768/cqc-health-and-socal-care-integration-can-save-2bn-a-year.htm State of CareHYPERLINK hypertext transfer protocol: //www.communitycare.co.uk/Articles/2010/02/10/113768/cqc-health-and-socal-care-integration-can-save-2bn-a-year.htm study. It promises 2010-11 APA for councils will be tougher. March 2010 Care supplier organic structures slam the CQC for an alleged deficiency of communicating of the procedure for enrollment under its new system. The CQC claims it has engaged extensively. April 2010 The CQC is one twelvemonth old. It starts procedure of registering grownup attention suppliers under new system. National societal attention advisor appointed. This article is published in the 8 April 2010 edition of Community Care under the headline Many happy returns?

4 Icebreaker Activities for Use Year Round

4 Icebreaker Activities for Use Year Round A positive school climate improves outcomes for students, especially those from lower socioeconomic backgrounds. A positive school climate also contributes to academic achievement. Creating a positive school climate that offers such benefits can start in the classroom, and one way to start is by using icebreakers. Although icebreakers do not outwardly appear academic, they are a first step to building a positive classroom climate. According to researchers  Sophie Maxwell et al. in their report The Impact of School Climate and School Identification on Academic Achievement in Frontier Psychology (12/2017), the more positively students perceived school climate, the better their achievement scores were in the numeracy and writing domains. Included in these perceptions were  connections to a class and  the strength of relationships with school staff.   Fostering feelings of trust and acceptance in relationships is difficult when students do not know how to talk to each other. Developing empathy and making connections come from interactions in an informal environment. An emotional connection to  a classroom or school will  improve a students motivation to attend. Teachers might use the following four activities at the beginning of school. They each can be adapted to refresh classroom collaboration and cooperation at various times of the year. Crossword Connection This activity includes visual symbols of connection and self-introductions. The teacher prints her name on the board, leaving some space between each letter. She then tells the class something about herself. Next, she picks a student to come to the board, tell something about themselves  and print their name crossing the teachers name as in a crossword puzzle. Students take turns by saying something about themselves and adding their names. Volunteers copy the completed puzzle as a poster.  The puzzle could be written on paper taped to the board and left up in the first-draft form to save time. This activity can be extended by asking each student to write their name and a statement about themselves on a sheet of paper. The teacher can then use the statements as clues for class names made with crossword puzzle software. TP Surprise Students will know you are full of fun with this one. The teacher welcomes students at the door at the start of class while holding a roll of toilet paper. He or she instructs students to take as many sheets as they need but refusing to explain the purpose. Once the class begins, the teacher asks students to write one interesting thing about themselves on each sheet. When students are finished, they can introduce themselves by reading each sheet of toilet paper. Variation: Students write one thing they hope or expect to learn in the course this year on each sheet. Take a Stand The purpose of this activity is for students to survey their peers positions quickly on various matters. This survey also combines physical movement with topics that range from the serious to the ridiculous. The teacher puts one long line of tape down the center of the room, pushing desks out of the way so that students can stand on either side of the tape. The teacher reads a  statement with either-or answers such as, I prefer night or day, Democrats or Republicans, lizards or snakes. The statements can range from silly trivia to serious content. After hearing each statement, students agreeing with the first response move to one side of the tape and those agreeing with the second, to the other side  of the tape. Undecided or middle-of-the-roaders are allowed to straddle the line of tape. Jigsaw Search Students especially enjoy the search aspect of this activity. The teacher prepares jigsaw puzzle shapes. The shape may be symbolic of a topic or in different colors. These are cut like a jigsaw puzzle with the number of pieces matching the desired group size from two to four. The teacher allows students to select one puzzle piece from a container as they walk into the room. At the designated time, students search the classroom for peers who have puzzle pieces that fit theirs and then team up with those students to perform a task. Some  tasks might be to introduce a partner, to make a poster defining a concept, or to decorate the puzzle pieces and make a mobile. The teacher may have students print their names on both sides of their puzzle piece in order to facilitate name learning during the search activity. The names could be erased or crossed out so the puzzle pieces can be reused. Later, the puzzle pieces can be used as a way to review subject content, for example, by joining an author and his novel, or an element and its properties. Note: If the number of puzzle pieces does not match the number of students in the room, some students will not have a complete group. Leftover puzzle pieces can be placed on a table for students to check to see if their group will be short members.