Wednesday, December 25, 2019

The Process of Diagnoses and Care of Students with Down Syndrome - Free Essay Example

Sample details Pages: 6 Words: 1699 Downloads: 4 Date added: 2019/10/30 Category Medicine Essay Level High school Tags: Down Syndrome Essay Did you like this example? Just as for typical children, children diagnosed with Down Syndrome are shaped and influenced by the people around them who model compassion, patience, and care. One of the main impacts on any childs happiness is their experience with their peers and educators at school. When educators view students with special needs as worthy of the same considerations and modifications as typical students, those students will have an equitable chance to reach their learning goals and build skills that will support their lives after their educational journey. Don’t waste time! Our writers will create an original "The Process of Diagnoses and Care of Students with Down Syndrome" essay for you Create order My aim is to help fellow educators understand the complex life experiences of children with Down Syndrome from the day they are born and as they enter, progress through, and eventually leave the school system. I will begin this paper with an introduction to Down Syndrome diagnoses before providing a typical timeline for children with Down Syndrome before and after they enter the school system. I will also discuss some of the services and programs available to children with Down Syndrome and their families. By conveying the many facets of Down Syndrome, I hope that others will begin to see students with Down Syndrome as unique and varied as their diagnosis. Throughout this paper, I will use the name Student A to refer to a 5th grade student who has Down Syndrome. I have known Student A since they were in 1st grade and have observed them in many capacities including at school, participating in extracurricular activities, and at home with their family. Being a part of Student As life as they have developed through elementary school has given me the opportunity to empathize with the journey students and parents may experience in public school special education programs. In 1866, Dr. John Langdon Down described the key attributes of the duplication of chromosome 21 during cell development known at the time as Trisomy 21. Today, we describe this is process and the proceeding diagnoses as Down Syndrome (National Down Syndrome Society, 2018). The complex nature of Down Syndrome leaves many expecting parents anxious. Down Syndrome can be detected as early as an expecting mothers 12 week doctor visit. The markers that reflect a diagnoses are found in the hormone levels of the mother and the measurements of the fetus (Down syndrome, 2018). The mothers age may also play a role in the possibility of Down Syndrome diagnoses. Geriatric pregnancy, or pregnancy over the age of 35, run higher risks of Down Syndrome diagnoses. However, 80% of all people with Down Syndrome were born to parents under the age of 35 (Tullos Barta Salinas, 2010). These calculations are not a diagnosis; rather, they produce the odds in which a child could be born with Down Syndrome (Na tional Down Syndrome Society, 2018). In Student As case, their mother had odds of 1/50 based on her age, which was 37. After fetal measurements were taken, the odds went up to 1/17 (Anonymous, personal communication, December 2, 2018). Due to the demand of accurate screening, Down Syndrome research has been heavily funded in the last 25 years. One way a fetus can be diagnosed before birth is through a procedure called an Amniocentesis. Amniotic fluid is extracted through a needle that has been inserted into the mothers uterus. This sample is then used to analyze the chromosomes of the fetus. Doctors usually perform this test in the second trimester, after 15 weeks of pregnancy (Down syndrome, 2018). If a fetus odds are high, most medical professionals encourage parents to proceed with an Amniocentesis. Some expecting parents, like Student As, choose to opt out of screening (Anonymous, personal communication, December 2, 2018). Ultimately, the cause of Down Syndrome is unknown and the diagnosis is seen throughout diverse populations. Down Syndrome does not discriminate between gender, nationality, or socioeconomic status (Tullos Barta Salinas, 2010). Physically, people with Down Syndrome are smaller in stature as well as smaller facial features, almond shaped eyes some level learning disability, but not all features are the same. There is an endless variety of outcomes for a person with Down Syndrome. The medical description of Down Syndrome is bleek at best, stating that children with Down Syndrome can experience a vast array of complications including dementia, speech and hearing impairments, delayed motor functions and heart problems (Down syndrome, 2018). The degree to which each child experiences these symptoms varies. Just as Down Syndrome symptoms vary from person to person, the experiences of a student with Down Syndrome entering the public school system differ widely. While there is a typical timeline of evaluative procedures for children with Down Syndrome before and after they enter the school system, which I discuss below, each childs experience is highly varied and depends on the child as well as their family and school district support systems (Bird, Alton, Mackinnon, 2000) . Since children are diagnosed at birth, they will have consistently been assessed throughout their young lives by medical professionals. Entering school begins a process of developing skills based on the students abilities and getting them to a place where they will be successful in life after school. Individualized Education Plan (IEP) goals focus on developing real world skills, including communication development, social skills such as performing tasks independently, and cognitive skills such as knowledge recognition. The process of entering the public school system is very different for children who are born with a known disability verses students who educators come to find may have a learning disability once they enter school. Children who are born with a known disability like Down Syndrome generally receive state-funded services and support immediately at birth. During early intervention, which is considered birth to three years of age, teams of specialists do a full evaluation that observes the developmental milestones of the child. Milestone markers are then evaluated by a physical therapist, occupational therapist, and speech therapist. Student As mother remembers an occupational therapist coming to their home when Student A was three months old (Anonymous, personal communication, December 2, 2018). If a child is meeting their developmental milestones, and there is no other evidence of skill deficit, they would no longer qualify for state services (T, Wolf, personal communication, December 8 , 2018). When a child reaches school age, or three to five, they begin receiving services from their county educational service district. At the age of three, Student A began to attend pre-school at a local elementary school two days a week (Anonymous, personal communication, December 2, 2018). Also at this time, the county educational service district set up students and their families with an Individual Family Service Plan (IFSP), which is similar to an IEP, but are intended for the whole family (T, Wolf, personal communication, December 8, 2018). As a child with Down Syndrome enters kindergarten, they bring with them an IEP that was developed from their IFSP and pre-school experience. Once they enter elementary school, considerably less emphasis is placed on family support and the students support system shifts toward the school. The students IEP is then monitored consistently and adjusted yearly by school support teams, which can include the students general education teacher, special education teacher, speech pathologist, occupational therapist, and/or physical therapist. The eligibility for services is evaluated every three years by the school psychologist until the student completes their senior year of high school (T, Wolf, personal communication, December 8, 2018). For up to three years post high school, some adults may continue to qualify for services from the county educational service district for continued support in developing life skills (Anonymous, personal communication, December 2, 2018) . In addition to support from educational service districts, many families look outside of the school environment for community support. There are often organizations that provide opportunities for children with Down Syndrome, similar to those of typical students, such as summer camps and sports teams. In addition to providing these opportunities, support groups for parents can play a significant role in the development of the child by providing children and parents with access to knowledge and other resources. Student As mother, for example, contacted Down Syndrome Network Oregon and her experience with them has been extremely positive. She has been connected with recreational opportunities for Student A, and expanded her familys support system far beyond what she thought was imaginable through connecting with other families in the organization (Anonymous, personal communication, December 2, 2018). While this timeline and the organizations and support systems for children with Down Sy ndrome and their families are somewhat consistent, the experiences of students still varies widely based on their range of abilities, interactions with educators, and learning goals. When educators set educational goals for typical children they are taught to look at each child as a unique and independent person separate from their other students. Students with Down Syndrome are worthy of same considerations as their peer counterparts. These students educational journey may look different but the goal is the same, preparing them for successful life beyond school. References: Bird, G., Alton, S., Mackinnon, C. (2000). Accessing the curriculum: Strategies for differentiation for pupils with Down syndrome. Southsea: Down Syndrome Educational Trust. This book offered strategies for supporting students with Down Syndrome in the classroom. The book also gave insight on the process of creating a welcoming environment and inclusion processes. Family Journey in Education [Personal interview]. (2018, December 2). Interview with Student As mother who wishes to remain anonymous. She gave invaluable information about her and her childs experience living with Down Syndrome. Down syndrome. (2018, March 08). Retrieved from https://www.mayoclinic.org/diseases-conditions/down-syndrome/symptoms-causes/syc-20 355977 The Mayo Clinic offered much insight on the diagnosis of Down Syndrome.The webiste clarified the procedures available for expecting mothers to screen for Down Syndrome. Tullos Barta, L., Salinas, Y. (2010). Supporting the Student with Down Syndrome in Your Classroom[Pamphlet]. Down Syndrome Association of West Michigan. This pamphlet gave information about the process of children with Down Syndrome entering the public school system as well as facts and history. What is Down Syndrome? | National Down Syndrome Society. (n.d.). Retrieved from https://www.ndss.org/about-down-syndrome/down-syndrome/ This citation clarified the causes of Down Syndrome. It also addressed the history and clarified in detail the chromosomal process that occurs when a child has Down Syndrome. Wolf, T. (2018, December 8). Process of Developing an Individualized Education Plan [E-mail interview]. Tandy Wolfe has a Masters in Special Education and is the Learning Specialist at Cedaroak Park Primary School in West Linn, Oregon.

Tuesday, December 17, 2019

American History 1992 - 2000 - 715 Words

Florentina Moreno HIST101-1402A-11: Modern American History: 1950 to the 21st Century Phase 4 IP American History 1992-2000 Professor Justine James 21 April 2014 The period from 1992 to 2000 is one of the most interesting in American History. Select two of the events listed and discuss the impact that these events had on America. Be sure to include information and descriptions of the principle individuals involved. Compare and contrast their impact on America, be specific and detailed. Use APA style requirements. * NAFTA * H. Ross Perot * Rodney King * Immigration * Clinton’s Scandals * Wal-Mart * â€Å"Contract With America† * The technological divide * Disputed Election of 2000 The Clinton†¦show more content†¦(Watergate Scandal, n.d.) All the while the President denied any knowledge or White House involvement in the break-ins. However, it was found that secret tapings of conversations were recorded in the President’s office. At first, the President refused to provide the tapes and then when they were finally released it was found that â€Å"some were missing or possibly destroyed.† (Wiegand, S., n.d.) The missing conversations also included â€Å"18-1/2 minutes of silence† on one taping which occurred the morning of the arrests of the five men who were caught and indicted. During this taping session, the President and his Chief of Staff Bob Haldeman, had a conversation about Watergate, but a gap of 18-1/2 minutes of the conversation was completely erased. Despite attempts to recover the missing portion, it was gone. The President’s secretary did admit to erasing a small portion of infamous tape, about five to six m inutes but insisted no more. (Mellinger, P. T., 2011, February 17). During the time of the landslide victory, reporters for the Washington Post, Bob Woodward and Carl Bernstein were conducting their own investigation into the burglaries at the DNC. Woodward came into contact with an informant he nicknamed â€Å"Deep Throat.† Woodward met with â€Å"Deep Throat† secretly and was told to â€Å"follow the money trail.† Bernstein uncovered how over â€Å"$25,000 wasShow MoreRelatedHow did the perception of women change in WW2 Essay1670 Words   |  7 Pagesmany factors that took place during the course of the war although, the most significant changes were due to the introduction of women to the predominantly male orientated workforce, fashion change and restrictions and the ‘friendly invasion’ of the American troops. Through identifying these changes it is clear to see how the role and perception of Australian women was completely changed. Women in the workforce are commonly seen however before the Second World War it was not this way. Before theRead MoreThe State Of Native Americ Genocide, Colonization And Resistance By M. 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Monday, December 9, 2019

Cases Study free essay sample

Article 6(3) of the Constitution of the State of Sarawak gives power to the Governor to appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri; while Article 7(1) provides that if the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then unless at his request the Governor dissolves the Council Negri the Chief Minister shall tender the resignation of the members of the Supreme Council. On the 16th June 1966, the Governor of Sarawak (the first defendant) received a letter signed by 21 members of the Council Negri to the effect that the writers had no longer any confidence in the plaintiff, their Chief Minister. The Governor thereupon wrote and informed the plaintiff on the 16th June that from representations he had received he was satisfied that the plaintiff had ceased to command the confidence of the Council Negri and invited the plaintiff to resign. The plaintiff in his reply of the 17th June informed the Governor that the Governors views as to the loss of confidence of the members of the Council Negri in the plaintiff was not supported by the meeting of the Council Negri held on the 14th June and the plaintiff in the same letter requested that he be supplied with the names of the persons who had signed the representations. In reply to this letter the Governor in his letter of the 1966 2 MLJ 187 at 188 ame date informed the plaintiff that as the plaintiff had refused to tender the resignation of members of the Supreme Council in accordance with Article 7(1) of the Constitution of the State of Sarawak (although the plaintiff had ceased to have the confidence of a majority of the members of the Council Negri) he declared that the plaintiff and other members of the Supreme Council had ceased to hold office and appointed the second defendant as Chief Minister forthwith. The Governor also forwarded a list of the names of persons who had signed the representations as requested by the plaintiff. The plaintiff thereupon commenced proceedings against the Governor and the second defendant claiming the following reliefs: (a) a declaration that the Governor acted unconstitutionally when he declared on the 17th June that the plaintiff had ceased to hold the office of Chief Minister; (b) a declaration that the Governor should not have relieved the plaintiff from the office of Chief Minister on the ground of alleged loss of confidence in the plaintiff as Chief Minister: (c) a declaration that the purported dismissal of the plaintiff by the Governor was ultra vires, null and void; (d) a declaration that the plaintiff is and has been at all material times the Chief Minister of Sarawak and (e) an injunction restraining the second defendant from acting as Chief Minister. Held: (1) the Governor of Sarawak was limited by Article 6(3) of the Constitution of Sarawak to appointing as Chief Minister a member of the Council Negri who in his judgment was likely to command the confidence (and ap proval) of the Council Negri and therefore it followed by section 21 of the Interpretation Ordinance that only when the Council Negri had shown lack of confidence (and lack of approval) could the Governors power to dismiss, if it exists, be exercised. Under the provisions of the Sarawak Constitution ack of confidence may be demonstrated only by a vote in the Council Negri; (2) if the Constitution of Sarawak could be construed as giving to the Governor a power to dismiss the Chief Minister when he had refused to resign and failed to advise a dissolution then in this case the plaintiff was never given a reasonable opportunity to tender his resignation or to request a dissolution; (3) the purported dismissal of the plaintiff by the Governor was ultra vires null and void and judgment should be entered as prayed. Cases referred to Curtis Stovin (1889), 22 QBD 513 at page 517 Adegbenro Akintola [1963] 3 WLR 63 distinguished CIVIL SUIT distinguished TO Kellock, QC (TO Thomas with him) for the plaintiff. JG Le Quesne, QC (SE Teh and George Seah with him) for the defendants. HARLEY AGCJ (BORNEO) The plaintiff was appointed Chief Minister of Sarawak on 22nd July, 1963. On 14th June, 1966, there was a meeting of Council Negri at which, apart from the Speaker, plaintiff and twenty other members were present. Five members of the Sarawak United Peoples Party and one Machinda member, who normally behave as an opposition, were present among the total of 21 members. Of the 21 members, three were ex officio. Bills were passed without opposition on that day. One of the members present, Abang Haji Abdulrahim bin Abang Haji Moasili, who gave evidence in this case, was a supporter of the plaintiff on 14th June and indeed up to 16th June. He says that as from the evening of 16th June he would not have supported the plaintiff. The fact remains that there has never been a motion of no confidence put in Council Negri, nor has there been any defeat of a Government bill. On 14th June a letter was addressed from Kuala Lumpur to the Governor. It is accepted that this leter was signed by 21 persons who are members of Council Negri. (There are 42 members in all of Council Negri plus the Speaker. ) The author of the letter was Tan Sri Temenggong Jugah, Federal Minister for Sarawak Affairs (not a member of Council Negri). The letter reads as follows: Letter No. 1 TOP SECRET |c/o Y. B. Enche Thomas Kana,| |Dewan Raayat,| |Kuala Lumpur. | |14hb. Jun, 1966. | His Excellency, The Governor of Sarawak, The Astana, KUCHING. Your Excellency. We, the undersigned members of Council Negri Sarawak, beg to inform your Excellency that we no longer have any confidence in the Hon. Dato Stephen Kalong Ningkan to be our leader in the Council Negri and to continue as Chief Minister. 2. Since the Hon. Dato Ningkan has ceased to command the confidence of the majority of the members of the Council Negri, he is bound by article 7(1) of the Constitution of the State of Sarawak to tender the resignation of the members of Supreme Council. 3. We respectfully request your Excellency to take appropriate action under that article and to appoint a new Chief Minister pursuant to article 6(3) of the Constitution. |Yours faithfully,| |(Signed) T. JUGAH. | (A list of names was attached. ) In the list attached to this letter, 25 names are set out. Against 21 of these names are signatures (in one case the signature is a chop). This letter was never shown to the plaintiff until after court proceedings started. It was handed to the Governor (defendant 1) in Kuching on 16th June. The next letter from the Governors private secretary to the plaintiff reads as follows: Letter No. 2 ASTANA, KUCHING, SARAWAK. Ref: GOV/SEC/144 16th June 1966. To The Honourable Dato Stephen Kalong Ningkan, P. N. B. S. P. D. K. Chief Minister, Sarawak. Dato, I am directed by his Excellency to inform you that his Excellency has received representations from members 1966 2 MLJ 187 at 189 f Council Negri constituting the majority of the council, informing his Excellency, and his Excellency is satisfied, that you have ceased to command their confidence. 2. In order that the provisions under articles 7(1) and 6(3) of the Constitution of the State of Sarawak be complied with, his Excellency requires you r presence forthwith at the Istana upon receipt of this letter to tender your resignation. |I have the honour to be,| |Sir,| |Your obedient servant,| |(Signed) ABDUL KARIM BIN ABOL,| |Ag. Private Secretary to| |H. E. the Governor. | In answer to the above the plaintiff replied: Letter No. 3 |Chief Minister,| |Kuching,| |Sarawak. | |Malaysia. | |17th June, 1966. | Ref: CM 1/66 Ag. Private Secretary to His Excellency the Governor, The Astana, Kuching. Sir, GOV/SEC/144 dated 16. 6. 1966 I have the honour to refer to your above letter received by me late last evening and regret that I am temporarily indisposed and unable to present myself at the Astana last night. With deepest respect, the proceedings of the meeting of the Council Negri held on 14th June. 1966, do not appear to support his Excellencys view that I have lost the confidence of the majority of its members. In these circumstances, I shall be grateful if I may be supplied with the names of those council members who support the representations referred to in your letter. I shall be grateful if you will convey to his Excellency that, in my view, the proper course to resolve any doubts regarding my ability to command the confidence of the majority of Council Negri members is to arrange for the council to be convened in order that the matter can be put to the constitutional test. In addition to believing that this represents both the democratic course and the best one for Sarawak and Malaysia, it is one which I believe would receive the support of the majority of the people of this State and one whose out-come I would be prepared to abide by. |I am,| |Sir,| |Your obedient servant,| |(Signed) S. K. NINGKAN. | |Dato Stephen Kalong Ningkan,| |Chief Minister of Sarawak. | The vital letter comes next: Letter No. 4 ASTANA, KUCHING, SARAWAK. GOV/SEC/144 17th June, 1966. To The Honble Dato Stephen Kalong Ningkan, P. N. B. S. , P. D. K. Kuching Sarawak. Dear Dato, I have received your letter, Ref. CM. 1/66 dated 17th June 1966 in reply to my private secretarys letter sent to you yesterday. It is clear from the contents of your letter that you have refused to tender the resignation of the members of the Supreme Council in accordance with art. 7(1) of the Constitution of the State of Sarawak, although you have ceased to have the confidence of a majority of the members of the Council Negri. I, therefore, declare that you and other members of the Supreme Council have ceased to hold office with effect forthwith. 2. I am now appointing the Honble Penghulu Tawi Sli, A. B. S. Chief Minister of Sarawak with effect forthwith. 3. As requested, I forward herewith a list of the names of members of the Council Negri who have made representations to me in person that they have ceased to have confidence in you. |Yours sincerely,| Enc:|(Signed) TUN ABANG HAJI OPENG| |Governor. | The Governor is the first defendant in the present suit and the Honourable Penghulu Tawi Sli is the second defendant. Mr. Kellock has made the point that it was only in this letter and after the dismissal that the names were provided and the names that were provided are a list of 21 names and are the same names that appear on the letter of 14th June. Again on 17th June the plaintiff wrote: Letter No. 5 |Pangau Libau| |Kuching. | |17th June, 1966. | His Excellency the Governor, Tun Abang Haji Openg, S. M. N. P. N. B. S. , O. S. E. , Astana, Kuching. Your Excellency, I have received, with surprise, your letter (Ref: GOV/SEC/144) of todays date. It is not true that I have refused to tender my resignation the question of tendering my resignation did not arise until after I received a reply to my letter requesting for the names of the members of the Council Negri. It is clear from the list of the names forwarded to me that the majority of the Council Negri members are not against me, as 21 cannot be the majority of 42. With the utmost respect I have to inform your Excellency that if you appoint the Honble Penghulu Tawi Sli as Chief Minister you would be acting unlawfully and I will have no option but to question my removal in the court. |I am, Sir,| |Your obedient servant,| |(Signed) S. K. NINGKAN. | |(Dato Stephen Kalong Ningkan). | On 17th June the Sarawak Government Gazette Extraordinary announced: Document No. 6 No. 1117 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that, with effect from the 17th day of June, 1966, the Honourable Dato Stephen Kalong Ningkan, P. N. S. S. , P. D. K. has ceased to be the Chief Minister of Sarawak 1966 2 MLJ 187 at 190 nd the following have ceased to be members of the Supreme Council:- The Honourable Date James Wong Kim Ming, P. N. B. S. The Honourable Dato Abang Othman bin Abang Haji Moasili P. N. B. S. The Honourable Dato Dunstan Endawi anak Enchana, P. N. B. S. The Honourable Dato Teo Kui Seng, P. N. B. S. No. 1118 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that the Governor has, in exercise of the powers conferred upon him by article 6(8) of the Constitution of the State of Sarawak, appointed by Instrument under the Public Seal dated the 17th day of June. 1966 the Honourable Penghulu Tawi Sli, A. B. S. , to be the Chief Minister of Sarawak. The plaintiff claims: 1. A declaration of court that the first defendant as Governor of Sarawak acted unconstitutionally by not complying with the provisions of the Constitution of the State of Sarawak when he declared on the 17th day of June, 1966, that the plaintiff has ceased to hold the office of Chief Minister of Sarawak. 2. A declaration of court that the first defendant should not have relieved the plaintiff from the office of Chief Minister of Sarawak on the ground of representations made to him on the 16th day of June, 1966, by members of the Council Negri who preferred to boycott the session of the Council Negri on the 14th day of June, 1966, on the ground of alleged loss of confidence in the Chief Minister. 3. A declaration that his purported dismissal by the first defendant was ultra vires, null and void. 4. A declaration that the plaintiff is and has been at all material times Chief Minister of the State of Sarawak. 5. An injunction restraining the second defendant from acting as the Chief Minister of the State of Sarawak. Respecting this claim, the following articles of the Constitution are relevant: article 1, (1) and (2); article 5; article 6(1), (2) and (3); article 7(1), (2) and (3); article 10(1) and (2); article 11; article 13; article 14(1)(a) to (d) and (2); article 21(1) and (2); article 24(3); article 41(1) and (2); article 44(5). I need not set out all these articles, but would draw particular attention to the following: Governor of the State. 1. (1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister. (2) The Governor shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Council Negri supported by the votes of not less than two-thirds of the total number of the members thereof. Executive authority. 5. The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons. The Supreme Council. 6. 1) There shall be a Supreme Council to advise the Governor in the exercise of his functions. (2) The Supreme Council shall consist of a Chief Minister and not more than eight nor less than four other members appointed in accordance with clause (3). (3) The Governor shall appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri. (6) The Supreme Council shall be collectively responsible to the Council Negri. Tenure of office of members of Supreme Council. 7. 1) If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at hie request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto is revoked by the Governor acting in accordance with the advice of the Chief Minister. (3) Subject to clauses (1) and (2), a member of th e Supreme Council other than the Chief Minister shall hold office at the Governors pleasure. Governor to act on advice. 10. 1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the council, except as otherwise provided by the Federal Constitution or this Constitution; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Supreme Council. (2) The Governor may act in his discretion in the performance of the following functions- (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. Procedure of Council Negri. 24. (1) (2) 3) Subject to clauses (5) and (6) and to clause (2) of article 41, the Council Negri shall, if not unanimous, take its de cision by a simple majority of members voting; and the Speaker or member presiding shall 1966 2 MLJ 187 at 191 cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. Interpretation. 44. (1) (2) (3) (4) (5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance. Section 21 of the Interpretation Ordinance (Cap. 1) reads as follows:- Power to appoint includes power to dismiss. 21. Whenever any written law confers upon any person or authority a power to make appointments to any office or place, the power shall be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended, or in place of any sick or absent holder of such office or place: Provided that, where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. Section 2 (1) of the same Ordinance reads:- Application. 2. 1) Save where the contrary intention appears the provisions of this Ordinance shall apply to this Ordinance and to any written law now or hereafter in force made by competent authority in Sarawak and to any instrument made or issued thereunder. The following definition from the Interpretation Ordinance was not cited by counsel on either side: Governor in his discretion and Governor acting in his discretion mean that, in respect of the power concerned, the Governor shall not be obliged to consult with the Supreme Council in the exercise thereof. The main arguments for the plaintiff are that (a) the Governor has no power of dismissal, and (b) if he has a power or a discretion it must not be exercised arbitrarily or capriciously. The defence contends that there is no question of the Governors power being merely discretionary; in certain circumstances particularly where there are infractions of the Constitution for which no sanction or remedy is provided the Governor has not only a power but a duty to act. The defence further contends that lack of confidence describes a state of mind. (Article 7(1)). Whether a Chief Minister has or has not ceased to command the confidence of a majority is a matter for the Governors personal assessment. Moreover, the rules for the construction of statutes are very like those which apply to the construction of other documents, especially as regards one crucial rule, viz. that, if it is possible, the words of a statute must be construed so as to give a sensible meaning to them. The words ought to be construed ut res magis valeat quam pereat. (Curtis Stovin (1889), 22 QBD 513 at page 517). If the Chief Minister ceases to command the confidence of a majority of the members of th e Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (Article 7(1)). The first question which arises is how the lack of confidence is to be expressed: can such lack of confidence be assessed only by a vote on the floor of the House (if I may use this word in its general application)? The Federal Supreme Court of Nigeria was of opinion that the constitutional method (in Nigeria) of measuring lack of confidence required a decision or resolution on the floor of the House. (Adegbenro Akintola [1963] 3 WLR 63 distinguished). The Privy Council took an opposite view and held that there was no limitation as to the material by which lack of confidence should be assessed. Does the same rule of construction apply in Sarawak as in Nigeria? I will not apologise for quoting at length from the case of Adegbenro v. Akintola, and I would draw attention at the start to the following passage (at page 72): there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House . If one starts, as I think one should start, with the rule that a vote on the floor of the House is the normal test of lack of confidence, then one is in a better position to consider the exceptions to the rule. Now I cite from Adegbenro v. Akintola: By section 33 of the Constitution of Western Nigeria: (10) he Ministers of the Government of the Region shall hold office during the Governors pleasure: Provided that (a) the Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly; Th e Governor of the Western Region of Nigeria, following upon the receipt of a letter signed by 66 members of the House of Assembly which was composed of 124 members stating that they no longer supported the Premier, the present respondent, removed him from office and appointed the appellant in his place. There had been no vote adverse to the respondent in the House prior to his removal. Thereafter, in proceedings instituted by the respondent challenging the Governors right to remove him, the following issues were referred by the High Court of the Western Region to the Federal Supreme Court of Nigeria pursuant to section 108 of the Constitution of the Federation: (1) Can the Governor validly exercise power to remove the Premier from office under section 33, subsection (10), of the Constitution of Western Nigeria without prior decision or resolution on the floor of the House of Assembly showing that the Premier no longer commands the support of a majority of the House? (2) Can the Governor validly exercise power to remove the Premier from office under section 83(10) on the basis of any 1966 2 MLJ 187 at 192 materials or information extraneous to the proceedings of the House of Assembly? The Federal Supreme Court answered the first question in the negative, thus holding that the respondent had not been validly removed from office, and found it unnecessary to answer t he second question. On appeal by the appellant Held (1) 2) There was nothing either in the scheme or provisions of the Constitution of Western Nigeria which legally precluded the Governor from forming his opinion on the basis of anything but votes formally given on the floor of the House. By the use of the words it appears to him in section 33(10) the judgment as to the support enjoyed by a Premier was left to the Governors own assessment and there was no limitation as to the material on which he might resort for the purpose. Accordingly, both the questions referred to the Federal Supreme Court should be answered in the affirmative. Decision of the Federal Supreme Court of Nigeria reversed. The judgment of their Lordships was delivered by Viscount Radcliffe: The question to which an answer has to be found is of obvious importance, but it lies, nevertheless, within a very small compass. Its decision turns upon the meaning to be attached to the wording of section 33(10) of the Constitution of Western Nigeria, read, as it should be, in the context of any other provisions of the Constitution that may legitimately influence its meaning. It is clear, to begin with, that the Governor is invested with some power to dismiss the Premier. Logically, that power is a consequence of the enactment that Ministers shall hold office during the Governors pleasure, for, subject to the saving conditions of provisos (a) and (b) that follow, the Governor has only to withdraw his pleasure for a Ministers tenure of office to be brought to an end. Where the Premiers office is concerned it is proviso (a) that limits the Governors power to withdraw his pleasure constitutionally, for by that proviso he is precluded from removing the Premier from office unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly. By these words therefore, the power of removal is at once recognised and conditioned: and, since the condition of constitutional action has been reduced to the formula of these words for the purpose of the written Constitution, it is their construction and nothing else that must determine the issue. What, then, is the meaning of the words the Premier no longer commands the support of a majority of the members? It has been said, and said truly, that the phrase is derived from the constitutional understandings that support the unwritten, or rather partly unwritten, Constitution of the United Kingdom. It recognises the basic assumption of that Constitution, as it has been developed, that, so long as the elected House of Representetives is in being, a majority of its members who are prepared to act together with some cohesion is entitled to determine the effective leadership of the Government of the day. It recognises also one other principle that has come to be accepted in the United Kingdom: that, subject to questions as to the right of dissolution and appeal to the electorate, a Prime Minister ought not to remain in office as such once it as been established that he has ceased to command the support of a majority of the House. But, when that is said, the practical application of these principles to a given situation if it arose in the United Kingdom, would depend less upon any simple statem ent of principle than upon the actual facts of that situation and the good sense and political sensitivity of the main actors called upon to take part. It is said, too, that the support that is to be considered is nothing else than support in the proceedings of the House itself, and with this proposition also their Lordships are in agreement. They do not think, however, that it is in itself a very pregnant observation. No doubt, everything comes back in the end to the question what action the members of a party or a group or a combination are resolved to take in proceedings on the floor of the House; but in democratic politics speeches or writings outside the House, party meetings, speeches or activities inside the House short of actual voting are all capable of contributing evidence to indicate what action this or that member has decided to take when and if he is called upon to vote in the House, and it appears to their Lordships somewhat unreal to try to draw a firm dividing line between votes and other demonstrations where the issue of support is concerned. This, indeed, is the crux of the question that has now been raised. The respondent maintains, and it is implied in the decision that he has obtained from the Federal Supreme Court, that the Governor cannot constitutionally take account of anything in the matter of support except the record of votes actually given on the floor of the House. Consequently, it is said, his action in removing the first respondent from the Premiership on the strength, it appears, of the letter addressed to him by the 66 members of the House referred to and without waiting until there had been an adverse vote in the House itself was not within the powers conferred upon him by the Constitution. The difficulty of limiting the statutory power of the Governor in this way is that the limitation is not to be found in the words in which the makers of the Constitution have decided to record their description of his powers. By the words they have employed in their formula, it appears to him, the judgment as to the support enjoyed by a Premier is left to the Governors own assessment and there is no limitation as to the material on which he is to base his judgment or the contacts to which he may resort for the purpose. There would have been no difficulty at all in so limiting him if it had been intended to do so. For instance, he might have been given power to act only after the passing of a resolution of the House that it has no confidence in the Government of the Region, the very phrase employed in an adjoining section of the Constitution (see section 31(4), proviso (b)) to delimit the Governors power of dissolving the House even without the Premiers advice. According to any ordinary rule of construction weight must be given to the fact that the Governors power of removal is not limited in such precise terms as would confine his judgment to the actual proceedings of the House, unless there are compulsive reasons, to be found in the context of the Constitution or to be deduced from obvious general principles, that would impose the more limited meaning for which the respondent contends. Their Lordships have not discovered any such reasons. It is one thing to point out the dangers of a Governor arriving at any conclusion as to his Premiers support in the House except upon the incontrovertible evidence of votes recorded there on some crucial issue. There are indeed such dangers. Expressions of opinion, attitude or intention upon such a delicate matter may well prove to be delusive. He may judge the situation wrongly and so find himself to have taken a critical step in a direction which is proved to be contrary to the wishes of the majority of the House or of the electorate. Again, if he is not to rely on his Premier for advice as to the balance of support in the House, he is likely to find that he is in effect consulting indirectly the views of opposition leaders who may turn out in the event to be no more than an opposition: or he will find himself backing the political judgments conveyed to him by his own private advisers against the political judgment of the Premier himself. All these are real dangers which any Governor proposing to act under his power of removal would need to 1966 2 MLJ 187 at 193 bear in mind, since, if he ignores them, he would run the risk of placing the constitutional sovereign power, whose representative he is, in conflict with the will of the elected House of Representatives whose majority is for the time being expressed in the person of the Premier. Anyone familiar with the constitutional history and development of the United Kingdom would naturally dwell upon these aspects of the Sovereigns positions if he was invited to advise a Governor as to the circumstances and occasions upon which he could wisely exercise his power of removal. But, while there may be formidable arguments in favour of the Governor confining his conclusion on such a point to the recorded voting in the House, if the impartiality of the constitutional sovereign is not to be in danger of compromise, the arguments are considerations of policy and propriety which it is for him to weigh on each particular occasion: they are not legal restrictions which a court of law, interpreting the relevant provisions of the Constitution, can import into the written document and make it his legal duty to observe. To sum up, there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House, but it is nonetheless impossible to say that situations cannot arise in which these arguments are outweighed by considerations which afford to the Governor the evidence he is to look for, even without the testimony of recorded votes. Another argument has been advanced to the effect that the Nigerian Constitutions are modelled on the current constitutional doctrines of the United Kingdom, and, since the British Sovereign would not be regarded as acting with constitutional propriety in dismissing a Prime Minister from office without the foundation of an adverse vote on a major issue in the House of Commons, so the Governor in Western Nigeria must similarly be treated as precluded from exercising his power of removal in the absence of a vote of the same kind. This approach to the matter appears to their Lordships to have had some influence upon the view taken by the majority of the Federal Supreme Court in this case, and, since it seems capable of conveying an implication that could be misleading in other situations apart from the present one, their Lordships wish to make two observations upon it. The first is that British constitutional history does not offer any but a general negative guide as to the circumstances in which a Sovereign can dismiss a Prime Minister. Since the principles which are accepted today began to take shape with the passing of the Reform Bill of 1832 no British Sovereign has in fact dismissed or removed a Prime Minister, even allowing for the ambiguous exchanges which took place between William IV and Lord Melbourne in 1834. Discussion of constitutional doctrine bearing upon a Prime Ministers loss of support in the House of Commons concentrates therefore upon a Prime Ministers duty to ask for liberty to resign or for a dissolution, rather than upon the Sovereigns right of removal, an exercise of which is not treated as being within the scope of practical politics. In this state of affairs it is vain to look to British precedent for guidance upon the circumstances in which or the evidential material upon which a Prime Minister can be dismissed, where dismissal is an actual possibility: and the right or removal which is explicitly recognised in the Nigerian Constitutions must be interpreted according to the wording of its own limitations and not to limitations which that wording does not import. it is in the end the wording of the Constitution itself that is to be interpreted and applied, and this wording can never be overridden by the extraneous principles of other Constitutions which are not explicitly incorporated in the formulae that have been chosen as the frame of this Constitution. In my view the Privy Councils judgment relating to the Constitution of Nigeria does not apply to the Constitution of Sarawak because of the following distinguishing features and circumstances: 1) In the Nigerian case it was mathematically beyond question that more than half the House no longer supported the Premier. (2) The measurement in Nigeria was a measurement of support, not of confidence. The Sarawak Constitution is dated subsequent to the decision of Adegbenro v. Akintola, and it does seem to me that the confidence of a majority of members, being a term of art, may imply reference to a vote such as a vote of confidence or a vote on a major issue. (3) In Nigeria it was not disputed that the Governor had express power to remove the Premier from office if he no longer commanded support. (4) In Nigeria the Governor had express power to assess the situation as it appeared to him. 5) In Nigeria all Ministers, including the Premier, held office during the Governors pleasure; although there was an important proviso to this. All the above five points were peculiar to Nigeria, and not one of them applies to Sarawak. These distinguishing features force me in the present case to a conclusion converse to the Privy Council decision. It seems t o me that by the provisions of the Sarawak Constitution, lack of confidence may be demonstrated only by a vote in Council Negri. Men who put their names to a Top Secret letter may well hesitate to vote publicly in support of their private views. The third of the five points listed above obviously requires further consideration. Has the Governor in Sarawak power at all to dismiss the Chief Minister? In considering this question, we may start with section 21 of the Interpretation Ordinance, the general effect of which is that where there is power to appoint (and it is not disputed that the Governor has power to appoint a Chief Minister) there is power to dismiss. However, where the appointment is subject to the approval of some other person the power of dismissal shall only be exercisable subject to the approval of such other person. If the appointment of a Chief Minister is subject to the approval of Council Negri, then by this section 21 dismissal also would be subject to its approval. Further, in principle, Council Negri should manage its own affairs. A Governor is limited by article 6(3) of the Constitution to appointing as Chief Minister a member of Council Negri who in his judgment 1966 2 MLJ 187 at 194 is likely to command its confidence (and approval): thereafter it follows, by section 21 of the Interpretation Ordinance, that only when Council Negri has shown lack of confidence (and lack of approval), can the Governors power to dismiss, if it exists, be exercised. Of course, if the Sarawak Constitution lays down that a Chief Minister may not be dismissed at all, then the defendants have no case and the Interpretation Ordinance cannot apply. The Sarawak Constitution does in fact direct in article 7(3) that all Ministers other than the Chief Minister hold office at the Governors pleasure. According to Mr. Le Quesne this means that Ministers other than the Chief Minister may be dismissed at the Governors pleasure, whereas the Chief Minister may only be dismissed for cause. If the cause for dismissal is limited to the case of an adverse vote, then this interpretation does not help defendants. In my view, however, the suggested interpretation is altogether false. Article 7(3) clearly means that the Governor may dismiss Ministers but may not dismiss the Chief Minister in any circumstances. A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council. (Article 10(1)). There are two ccasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council. Those occasions are in the performance of the following functions (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2)). As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governors refusal to dissolve might be conventionally unconstitutional, although not illegal. To revert to the comparison of the Constitutions of Sarawak and of Nigeria, these Constitutions are so different that a contrast in powers must be intended: in Sarawak the Chief Ministers dismissal is quite simply beyond the powers of the Governor. If the Constitution, however, should be construed as giving to the Governor a power to dismiss, that power can only be exercised and I think that this was conceded by Mr. Le Quesne when both a) the Chief Minister has lost the confidence of the House, and (b) the Chief Minister has refused to resign and failed to advise a dissolution. I have already dealt with (a); as regards (b), I do not think that the Chief Minister of Sarawak was ever given a reasonable opportunity to tender his resignation or to request a dissolution. He was never even shown the letter on which the dismissal was based until court proceedings started, although it is true that at the moment of dismissal a list of signatories was sent to him with the letter from the Governor dated 17th June that list and that letter were typed on the same date as the publication in the Gazette of the dismissal of the plaintiff, who was given no time at all to consider the weight or effect of the move against him. Plaintiff did not refuse to resign: he merely expressed doubts whether in fact he had ceased to command a majority and requested that the matter be put to the constitutional test. A word may be said on what is the position if a Chief Minister has in fact ceased to command the confidence of a majority, and yet refuses to resign. In this situation at least, Mr. Le Quesne claims that the Governor must have a right of dismissal; otherwise the Constitution would be unworkable. Mr. Le Quesnes argument in effect is: if there is a gap, it must be filled: if there is no express power to enforce the resignation of a Chief Minister, that power must by implication lie with the Governor. I do not agree that stop-gaps can be, as it were, improvised. In article 1 of the Constitution, a gap would appear to exist whenever the necessary address to remove the Governor is made to the Yang di-Pertuan Agong, and the latter refuses to dismiss him. Just because a Chief Minister or a Governor does not go when he ought to go is not sufficient reason for implying in the Constitution an enforcing power vested in some individual. It is, however, reasonable that in certain situations the courts could expound the Constitution by declaratory judgments. Articles or clauses to cover all situations need not be set out in a Constitution because the residue of discretionary power is left in the courts. Extraordinary situations do not often arise, and need not be met or considered until they do. Dicey has a whole chapter on The Sanction by which the Conventions of the Constitution are enforced. Chapter XV: the law of the Constitution: A. V. Dicey (10th edition) pp. 444 to 457. ) the nation expects that a Minister who cannot retain the confidence of th e House of Commons shall give 1966 2 MLJ 187 at 195 up his place, and no Premier even dreams of disappointing these expectations. (at p. 444) But the sanction which constrains the boldest political adventurer to obey the fundamental principles of the constitution and the conventions in which these principles are expressed, is the fact that the breach of these principles and of these conventions will almost immediately bring the offender into conflict with the courts and the law of the land. (at p. 445) the one essential principle of the constitution is obedience by all persons to the deliberately expressed will of the House of Commons in the first instance, and ultimately to the will of the nation as expressed through Parliament. (at p. 456) Of course, therefore, a Minister or a Ministry must resign if the House passes a vote of want of confidence. (at p. 457) Dicey is speaking of the British Constitution, but the same principles apply mutatis mutandis to the Constitution of Sa rawak. The constitutional way out both for a British Prime Minister and for a Sarawak Chief Minister is not by dismissal but by resignation. We need not speculate on what would happen if occasion arose for a resignation, and a Chief Minister refused to resign. In the instant case, the Chief Minister has not refused to resign, and there is no power to dismiss him. He has already indicated through his counsel that he was prepared to consider a dissolution and presently an election. That political solution may well be the only way to avoid a multiplicity of legal complications. Possibly all parties, and the people of this nation, in whom sovereignty is supposed to lie, will wish the same solution. In some political situations a judicial duty to rule upon the legal merits of the case may have to be accepted as an inescapable obligation. In an atmosphere highly charged with political tension the task of the judges may be acutely embarrassing, especially if they are called upon to decide between two claimants to legitimate political power, of whom one commands the effective means of imposing his will and the other is able to marshal equally or more persuasive legal arguments. (The New Commonwealth and its Constitutions: S. A. de Smith, p. 87) Embarrassing as it may be, my task is simply to interpret the written word of the Constitution. On such interpretation the case presented in the statement of claim is unchallengeable. There will be judgment for the plaintiff as prayed. Judgment for the plaintiff. law

Monday, December 2, 2019

United States Tax System Essays - Taxation In Australia, Taxation

United States Tax System The United States tax system is in complete disarray. Republicans and Democrats agree that the current tax code is complex, unfair, and costly. The income tax system is so complex; the IRS publishes 480 tax forms and 280 forms to explain the 480 forms (Armey 1). The main reason the tax system is so complex is because of the special preferences such as deductions and tax credits. Complexity in the current tax system forces Americans to spend 5.4 billion hours complying with the tax code, which is more time than it takes to manufacture every car, truck and van produced in the United States (Armey 1). Time is not the only thing that is lost with the current tax system; Americans also lose great deal of money complying with the tax code. Resources that are currently wasted on record keeping, filing forms, learning the tax code, litigation, and tax avoidance. The cost of complying with the current tax code totals about $200 billion annually, or $700 for every man, woman, and child in Amer ica (Armey 1). The overwhelming consensus that the current tax system is inadequate has ignited the search for tax reform. There are numerous proposals for tax reform; one particular proposal brought forth by various conservatives is the idea of national flat rate income tax. The idea is to replace the current income tax with a single rate that everyone pays. This paper will take a close look at the concepts of the "flat tax," and look at the possible benefits and potential failings. Although there is a basic format to the flat tax, there are multiple flat tax proposals that have been offered by conservatives. Along with critiquing the basic format of the flat tax, this paper will compare and contrast the different flat tax proposals. There is no doubt among Americans and politicians that there is need for tax reform, the flat tax and one of its proposals could possibly be the answer to tax reform. The American people are in the presence of the highest tax burden in American history; taxes represent a larger share of the U.S. economy than ever before (Armey 2). After World War II, the average family sent only about three percent of its income to Washington. The same family today gives 24 percent of its income to the federal tax collector (Mitchell 1, 9). Once state and local taxes are added to the federal take, taxes make up the biggest slice of the average family's budget. As Daniel Mitchell of the Heritage Foundation shows in Figure 1, the typical American family now pays more of its budget in taxes than it spends on food, clothing, transportation and shelter combined (Mitchell 1, 10). Policy makers have introduced a solution to the staggering proportion of taxes that Americans spend. The flat tax, based on an idea developed by Professors Robert Hall and Alvin Rabushka of Stanford University to create a fair, simple, and pro-growth tax system (Mitchell 1, 11). There are four basic criteria that make up a flat tax. First is a single low rate on taxable income, the baseline for taxable income would be raised to a certain amount dictated by a personal exemption. Second is simplicity, all Americans would fill out the same postcard-sized form to pay their taxes. Third is the reduction or elimination of deductions, credits, and exemptions, depending on the different proposals. Last is the elimination of double taxation, the government will no longer be able to tax income saved or invested (Mitchell 1, 11). These four pillars of the flat tax make the proposed plan very appealing to many Americans, each proposal uses these pillars to try and create the most efficient flat tax. The Armey/Shelby flat tax, based on the Hall/Rabushka flat tax would replace the current personal and corporate income tax with a simple 17 percent tax on all income. With the exception of a generous family allowance ($33,300 for a family of four), all labor income is taxed at the individual level. Taxes on business income (such as interest, dividends, capital gains, and rent) are withheld and paid at the business level. Both businesses and individuals would fill out simple post card sized returns

Tuesday, November 26, 2019

Greek Theatre Structures essays

Greek Theatre Structures essays The theatre of the Greeks was built on the a hill which sloped so everyone could see in the back rows. Greek Theater consists of three different parts the Orchestra, the Scene, and the main theater called Koilon. The Orchestra was the circular area, placed in front of the stage. In the center of the Orchestra was situated the Thymeli, which in the early years was meant to be an alter and later on, a place were the leader of the chorus stood. The Orchestra was the acting place though acting moved to the scene from time to time acting was mainly done in the Orchestra. The scene was the stage facing the audience on which people preformed. The scene was used for background and was either decorated like a palace or a temple. The scene had one or three entrances for the actors. Later the Greeks began putting other scenes, such as, woods, army camps, and so on. Between the scene and the seats there were two entrances called the Parodoi. At the backs of the of the scene were two buildings with doors, were they can extend the scene or add another theme. Along the back wall of the scene was built a narrow but raised platform, the Logeion. It was designed for just actors, by which they were seperated from the Chorus. In classical theater there wasnt a Logeion. The flat roof was dedicated to the gods and it was called Theogion. The Koilon was the auditorium of the Greek theater. The Koilon was shaped lik a semi circle built around the Orchestra. It was divided in two Diazoma, the upper level and the lower level. The front seats were called Proedria and were reserved for the Officials and Priests. Indoor theaters were called Odeia. They were reserved for musical performances. ...

Saturday, November 23, 2019

ESL Lesson Plan for Paired Conjunctions

ESL Lesson Plan for Paired Conjunctions Paired conjunctions are often used in both spoken and written English to make a point, give an explanation, or discuss alternatives. Unfortunately, not only are they difficult to use, but their structure is also rather strict. For this reason, this lesson is a straight forward, ​teacher-centered, grammar lesson focusing on written and oral production of the target structure. Aim: Grammar focus on the use of paired conjunctionsActivity: Teacher introduction followed by sentence completion, construction and, finally, oral drill workLevel: Upper-intermediate Outline Introduce paired conjunctions by asking students to give reasons for some simple event. Take two of the suggestions and construct target structure sentences using paired conjunctions. For example: Either John has stayed at home or he has been held up in traffic.Explain the structure of the paired conjunctions: both...and; not only...but also; either...or; neither...norDistribute worksheets and ask students to match the sentence parts to match both columns to make complete sentences.Ask students to complete the second exercise by combining the ideas to make one complete sentence using one of the paired conjunctions.Focus on oral production skills by asking paired conjunction questions on the separate teacher sheet. Paired Conjunctions Match the sentence halves to make a complete sentence. Sentence Half A: Both PeterNot only do we want to goEither Jack will have to work more hoursThat story wasStudents who do well not only study hardIn the end, he had to chooseSometimes it isI would love to take Sentence Half B: but we have enough money.neither true nor realistic.not only wise to listen to your parents but also interesting.and I are coming next week.either his career or his hobby.both my laptop and my cell phone on holiday.but also use their instincts if they do not know the answer.or we will have to hire somebody new. Combine the following sentences into one sentence using paired conjunctions: both ... and; not only ... but also; either ... or; neither ... nor We could fly. We could go by train.She will have to study hard. She will have to concentrate to do well on the exam.Jack is not here. Tom is in another city.The speaker will not confirm the story. The speaker will not deny the story.Pneumonia is a dangerous disease. Small pox is a dangerous illness.Fred loves traveling. Jane wants to go around the world.It might rain tomorrow. It might snow tomorrow.Playing tennis is good for your heart. Jogging is good for your health. To the teacher: Read the following aloud and have students use paired conjunctions to respond. Example: You know Peter. Do you know Bill? Student: I know both Peter and Jack. You like tennis. Do you like golf?You dont know Jane. Do you know Jack?You are studying Math. Are you studying English?You need to work on the weekend. Do you need to work in the evening?You dont eat fish. Do you eat beef?I know your country has good universities. Does England have good universities?He collects money. Does he collect stamps?They havent visited Rome. Have they visited Paris? Follow up with a paired conjunction quiz.

Thursday, November 21, 2019

The impact of digital technologies on young children's learning in Research Proposal - 1

The impact of digital technologies on young children's learning in Saudi kindergartens - Research Proposal Example However, these INGOs have been reported to face ethical challenges when executing their operations in different countries due to various reasons. This paper explores one of the ethical dilemmas these INGOs encounter. To achieve this goal, the paper utilizes scholarly works on human rights and humanitarian INGOs that are currently available. Some of the ethical dilemmas encountered by the human rights and humanitarian rights INGOs include: the ethical limits of raising funds, decision to collaborate or not to collaborate with governments, the decision to expand or limit their mandate in different territories, and conflicts that arise between local cultural norms and human rights (Bell & Carens, 2004, p. 303, 309,320, 324). For the purpose of this paper, the conflict between human rights and cultural norms is discussed in detail. Bell and Carens (2004, p. 303) observed that the majority of the humanitarian and human rights INGOs have their central location in western nations. It is from these headquarters where they coordinate most of their operations across the globe. Due to the limited knowledge on the culture, economic standing and language these INGOs have on the people they are to serve in some of the distant countries, they are faced with difficulties on how to effectively structure their typical operations and organizational management to meet these people’s needs without creating a conflict of interests (Bell & Carens, 2004, p. 303-304). Tolerating clashing beliefs, challenging local cultural norms, and revisiting the basic roles and practices of the Human Rights INGOs are some of the mechanisms that Bell and Carens suggest to help resolve this dilemma. Tolerating Clashing Beliefs. Female Genital Mutilation (FGM), described by the World Health Organization (WHO) as the procedure that entails removal of part or whole female external genitalia or other injury to the female genital organs for

Tuesday, November 19, 2019

Southwest Airlines Fuel Hedge Program. Why Southwest Hedged Fuel Research Paper

Southwest Airlines Fuel Hedge Program. Why Southwest Hedged Fuel - Research Paper Example US Airline Industry Background An overview of the US airline sector reveals an industry setting with numerous considerations where heightened competition and fuel costs are key determinants of performance. Global fuel prices are highly volatile, a trend which has been observed over the last two decades (Carter, Rogers and Simskin 1). Fuel costs greatly impact an airline’s operations since they constitute about 17% of total costs, second to labor costs only. Moreover, ticket prices usually reflect fuel prices, hence, determining profit margins, financial outlooks and forecasts. The competitiveness in the US airline industry translates into a situation where the rising fuel costs cannot be passed to the service consumer. Southwest Airlines, as a major player in the US industry, among other things, specializing in short-haul, provides high-frequency and low fare point-to-point services which in the long run can be largely impacted by such volatilities in the fuel prices (Morrell and Swan 713-714). The inability to pass on fuel costs to consumers forces airlines to consider other strategies for surviving fuel prices fluctuation. Hedging is one of such strategies considered by airlines, such as Southwest, as a solution to the fuel price volatility problem. Hedging: Fuel Price Risk Management: Drastic changes in fuel prices are some of the major risks that may cripple airlines. For instance, political volatility in the Middle East- a major source of crude oil- disrupts global oil prices in two ways. First, war increases the local demand for fuel, hence, lesser exports. Secondly, normal extraction of oil may be disrupted during military operations. Carter et al. (4-5) provide an example of such a situation using the Gulf War, where the average spread rose by 8.1 times, from 3.5 cents to 28.5 cents per gallon. Trempski (1) offers another point of view concerning the jet fuel price volatility stating that a barrel of crude oil price rise from $10.82 in 1996 to $6 9.91 in 2005, had a negative impact on the heavily oil-dependent industry. Control of global fuel prices is not within the power of airlines such as Southwest; hence, there is a need for alternative strategies. Airlines use several instruments to hedge their fuel including over-the-counter (OTC) swaps, future contracts that are exchange traded, exchange traded or OTC call options and OTC or exchange traded collars (Carter et al. 4). Hedging in the airline industry, however, follows a unique format, where risk management is done on fuels other than jet fuels. The first reason for this is based on the refining process; products from the same distillation step share similar characteristics and highly correlated prices and future commercial outlooks. Hence, heating oil can be used to hedge jet fuel prices owing to the fact that their price changes and future contract price changes are highly correlated. Jet fuel is refined from crude oil, thus, crude oil is also heavily applied in hedgi ng jet fuel. The second reason is based on the nature of the jet fuel market which is not sufficiently liquid to warrant future contracts. Derivative contracts on jet fuel have to be based on OTC trading. On the other hand, exchange traded contracts for crude oil and heating oil are active and liquid enough, accompanied by low credit risks. Therefore, airlines interested in hedging traditionally use crude oil or heating oil

Thursday, November 14, 2019

How does the writer create tension and suspense in The Red Room? :: Free Essay Writer

How does the writer create tension and suspense in The Red Room? The writer is able to create tension and suspense through various ways in the short story ‘The Red Room’. The opening sentence in the story immediately mentions the supernatural, which immediately tells us that this is a gothic story. The first sentence is dialogue, but we do not know who is speaking. This creates tension as it is withholding information. This is the main technique used to create both tension and suspense through out this story. Throughout the whole story we are not given any names of the character, but are distinguished by a certain phrase ‘the man with a withered arm’ shows us that each of the characters mentioned in this story has a negative description. The negative description and the withholding information build up tension as we want to know more about these characters and who they are. Using negative words make out that the characters are evil or decrepit. The words used to describe these characters are withered, old decayed and pale. We are also not given a name of the narrator or what business he has at the castle. All we know is that he is sceptical about the ghosts that these people are telling him about. ‘That it will take a very tangible ghost to frighten me’, shows a conflict between the superstitious and the sceptical. This builds up tension as we know that in most gothic stories, the sceptical are usually the ones to get punished. The narrator is mocking these other characters, which builds suspense as we know that in the end it will be he that will be hurt. Another way in which the writer builds up tension and suspense is by writing the story in first person. This makes us feel emotionally drawn to the character. We feel what the narrator feels, and we only know what the narrator knows. Using first person also allows us to trust the narrator or to empathise with the character. The use of imagery or personification increases the suspense in the story, ‘Shadows cower’ is a very descriptive way of showing how frightening the mansion is. It sounds as if the shadows which are linked to darkness themselves are afraid of a greater evil. We wonder what this great evil could be that makes evil itself tremble. Another personification used is ‘candles writhing’. Candles are usually associated to gothic stories, as it is only small source of light within a vast darkness of the room. These personifications and imagery brings the house to life as it makes you feel and see things much

Tuesday, November 12, 2019

Evaluating Research Process Essay

Select one of the articles collected in the Week One Annotated Bibliography assignment. Write a 1,400- to -1,750-word paper that evaluates the research process within your chosen article. Explain the research process and what you can assume from the study from the following perspectives: How is the literature review used in this research? What are ethical considerations for data collection? What is the data telling us in terms of statistical analysis? Are the findings statistically significant? Do the conclusions match the results of the study? Do the conclusions answer the research questions in the definition of the problem? Are the conclusions appropriate? Do you have enough information to make a decision on the effectiveness of the study? If so, is it effective? Format your paper consistent with APA guidelines. Starting college can be like entering an entirely new world. You have more  freedom than you’ve ever had before and you are in total control over your own life. This increased responsibility however can make you susceptible to some serous pitfalls. Read the following article to learn what habits to avoid in order to have a successful college career. This archive file includes HCS 465 Week 4 Evaluating Research Process Health Care – General Health Care Resource: Evaluating the Research Process Grading Criteria. Select one of the articles collected in the Week One Annotated Bibliography assignment. Write a 1,400- to -1,750-word paper that evaluates the research process within your chosen article. Explain the research process and what you can assume from the study from the following perspective†¦ A+ tutorial you will find here – https://bitly.com/12BuNZy Starting college can be like entering an entirely new world. You have more freedom than you’ve ever had before and you are in total control over your own life. This increased responsibility however can make you susceptible to some serous pitfalls. Read the following article to learn what habits to avoid in order to have a successful college career. Health Care – General Health Care Resource: Evaluating the Research Process Grading Criteria. Select one of the articles collected in the Week One Annotated Bibliography assignment. Write a 1,400- to -1,750-word paper that evaluates the research process within your chosen article. Explain the research process and what you can assume from the study from the following perspectives: How is the literature review used in this research? What are ethical considerations for data collection? What is the data telling us in terms of statistical analysis? Are the findings statistically significant? Do the conclusions match the results of the study? Do the conclusions answer the research questions in the definition of the problem? Are the conclusions appropriate? Do you have enough information to make a decision on the effectiveness of the study? If so, is it effective? Format your paper consistent with APA guidelines.

Sunday, November 10, 2019

Communicating in Forums – Anthony’s Dilemma

Communicating In Forums – Anthony's Dilemma Carla Landes Gen/105 September 25, 2011 Arianne P. Bellizaire Communicating In Forums – Anthony's Dilemma To me, it is very important when speaking in class forums that I choose my inclusive phrasing well. One should never make assumptions when communicating in forums and phrase comments as if in a â€Å"professional† setting. When posting most of my responses to discussion questions, I try to address a specific person and usually not the entire class and base my response accordingly.The first error that I feel Anthony made in his response to the class was â€Å"Hi guys. † It appears in the phrasing of his greeting that Anthony assumed the class was all male. Although, this does appear somewhat sexist, I however would not take offense to this type of greeting per say as it is typically a gender-friendly greeting. I do feel that the rest of Anthony's response regarding his experience at the company conference was quite sexist, namely, how Anthony was surprised that the female or â€Å"lady† as he called her had â€Å"many good things† to say.I personally would not have mentioned the gender of the speaker, but just referred to the â€Å"speaker† at the conference. Most of Anthony's discussion response focuses more in context with males attending this conference just by using some of his descriptive phrases such as â€Å"the good ole boys† and only mentioned the male managers, which would lead one to assume there were no female managers present. Anthony should have used language such as â€Å"Hi Class† or Hi All. † Also, Anthony could have been more inclusive with his descriptions of the managers, such as, â€Å"The managers and their families.I would think that Anthony's concern over not offending anyone to me shows that had he had a face-to-face conversation in the same language, the response may not have been interpreted as sexist. Anthony could hav e clarified himself differently in his response. In conclusion, Anthony's response was non-inclusive language and phrasing. His first mistake and my instruction to Anthony would be never rush when communicating in a group forum. Instead of rushing through the assignment, Anthony should have waited to post his response. Choose phrasing very carefully and leave opinions and emotions out of the post.

Thursday, November 7, 2019

Free Essays on Environment Response

All around America, there are many examples of Federalism involving environmental protection and preservation. Often, states will take care of small situations or those that are situated in their state only. However sometimes, issues get too big or too important to be resolved by the state governments alone, so the federal government involves themselves. Because of our current political system, the federal government is dominant over the state’s rule. Things like Everglades’s revitalization, Chesapeake Bay cleanup/ protection, and toxic waste storage in the Yucca Mountains can be handled by the states since the territories are in the states themselves. Be that as it may, the territories are also located in America which is governed by the federal government. Thus, if the federal government intervenes, then the influence of the state will be constrained. This is the definition of federalism. Both federal and state governments are concerned about the preservation of the Everglades. In fact, there has been a proposal passed to help keep the Everglades clean. â€Å"The Everglades Protection Area shall be defined as set forth in s. 373.4592, F.S. The phosphorus criterion for the Everglades Protection Area shall be 10 parts per billion (ppb) and shall apply to all predominantly freshwater portions of the Everglades Protection Area. Compliance with the phosphorus criterion shall be based upon a long-term geometric mean of concentration levels to be measured at sampling stations recognized from the research to be reasonably representative of receiving waters in the Everglades Protection Area, and so located so as to assure that the Everglades Protection Area is not altered so as to cause an imbalance in natural populations of aquatic flora and fauna and to assure a net improvement in the areas already impacted.† This proposes that the levels of phosphorus and pollution should be measured tho... Free Essays on Environment Response Free Essays on Environment Response All around America, there are many examples of Federalism involving environmental protection and preservation. Often, states will take care of small situations or those that are situated in their state only. However sometimes, issues get too big or too important to be resolved by the state governments alone, so the federal government involves themselves. Because of our current political system, the federal government is dominant over the state’s rule. Things like Everglades’s revitalization, Chesapeake Bay cleanup/ protection, and toxic waste storage in the Yucca Mountains can be handled by the states since the territories are in the states themselves. Be that as it may, the territories are also located in America which is governed by the federal government. Thus, if the federal government intervenes, then the influence of the state will be constrained. This is the definition of federalism. Both federal and state governments are concerned about the preservation of the Everglades. In fact, there has been a proposal passed to help keep the Everglades clean. â€Å"The Everglades Protection Area shall be defined as set forth in s. 373.4592, F.S. The phosphorus criterion for the Everglades Protection Area shall be 10 parts per billion (ppb) and shall apply to all predominantly freshwater portions of the Everglades Protection Area. Compliance with the phosphorus criterion shall be based upon a long-term geometric mean of concentration levels to be measured at sampling stations recognized from the research to be reasonably representative of receiving waters in the Everglades Protection Area, and so located so as to assure that the Everglades Protection Area is not altered so as to cause an imbalance in natural populations of aquatic flora and fauna and to assure a net improvement in the areas already impacted.† This proposes that the levels of phosphorus and pollution should be measured tho...

Tuesday, November 5, 2019

The History of Apple Computers

The History of Apple Computers Before it became one of the wealthiest companies in the world, Apple Inc. was a tiny start-up in Los Altos, California. Co-founders Steve Jobs and Steve Wozniak, both college dropouts, wanted to develop the worlds first user-friendly personal computer. Their work ended up revolutionizing the computer industry and changing the face of consumer technology. Along with tech giants like Microsoft and IBM, Apple helped make computers part of everyday life, ushering in the Digital Revolution and the Information Age. The Early Years Apple Inc.- originally known as Apple Computers- began in 1976. Founders Steve Jobs and Steve Wozniak worked out of Jobs garage at his home in Los Altos, California. On April 1, 1976, they debuted the Apple 1, a desktop computer that came as a single motherboard, pre-assembled, unlike other personal computers of that era. The Apple II was introduced about a year later. The upgraded machine included an integrated keyboard and case, along with expansion slots for attaching floppy disk drives and other components. The Apple III was released in 1980, one year before IBM released the IBM Personal Computer. Technical failures and other problems with the machine resulted in recalls and damage to Apples reputation. The first home computer with a GUI, or graphical user interface- an interface that allows users to interact with visual icons- was the Apple Lisa. The very first graphical interface was developed by the Xerox Corporation at its Palo Alto Research Center (PARC) in the 1970s. Steve Jobs visited PARC in 1979 (after buying Xerox stock) and was impressed and highly influenced by the Xerox Alto, the first computer to feature a GUI. This machine, though, was quite large. Jobs adapted the technology for the Apple Lisa, a computer small enough to fit on a desktop. Spiderstock / Getty Images The Macintosh Computer In 1984, Apple introduced its most successful product yet- the Macintosh, a personal computer that came with a built-in screen and mouse. The machine featured a GUI, an operating system known as System 1 (the earliest version of Mac OS), and a number of software programs, including the word processor MacWrite and the graphics editor MacPaint. The New York Times said that the Macintosh was the beginning of a revolution in personal computing. In 1985, Jobs was forced out of the company over disagreements with Apples CEO, John Scully. He went on to found NeXT Inc., a computer and software company that was later purchased by Apple in 1997. Over the course of the 1980s, the Macintosh underwent many changes. In 1990, the company introduced three new models- the  Macintosh Classic,  Macintosh LC, and  Macintosh IIsi- all of which were smaller and cheaper than the original computer. A year later Apple released the PowerBook, the earliest version of the companys laptop computer. Getty Images / Getty Images The iMac and the iPod In 1997, Jobs returned to Apple as the interim CEO, and a year later the company introduced a new personal computer, the iMac. The machine became iconic for its semi-transparent plastic case, which was eventually produced in a variety of colors. The iMac was a strong seller, and Apple quickly went to work developing a suite of digital tools for its users, including the music player iTunes, the video editor iMovie, and the photo editor iPhoto. These were made available as a software bundle known as iLife. In 2001, Apple released its first version of the iPod, a portable music player that allowed users to store 1000 songs in your pocket. Later versions included models such as the iPod Shuffle, iPod Nano, and iPod Touch. By 2015, Apple had sold 390 million units. serts / Getty Images The iPhone In 2007, Apple extended its reach into the consumer electronics market with the release of the iPhone, a smartphone that sold over 6 million units. Later models of the iPhone have added a multitude of features, including GPS navigation, Touch ID, and facial recognition, along with the ability to shoot photos and video. In 2017, Apple sold 223 million iPhones, making the device the top-selling tech product of the year. Under CEO Tim Cook, who took over Apple after Jobs death in 2011, the company has expanded, releasing a new generation of iPhones, iPads, iMacs, and MacBooks, along with new products such as the Apple Watch and the HomePod. In 2018, the tech giant became the first U.S. company to be worth $1 trillion.

Sunday, November 3, 2019

Discuss causes of the Protestant Reformation.How the did these causes Essay

Discuss causes of the Protestant Reformation.How the did these causes shape the basic ideas of Lutheranism and make it different from Catholicism Explain how C - Essay Example It was because of the institution of these Protestant Churches that the Catholic Church began assessing the unfolding of events affecting the Catholic faith. The Catholic Church began to distinguish the imperfections and weakness of its traditions and practices and began to modify and search for solutions to the developing conflicts and dilemmas within and outside their Church and their followers (Rops 1961). In order to understand the origins of Protestant Church and the Reformation, it is essential to initially recognize that one of the arguments that the Roman Catholic Church defends is that of Apostolic succession. This implies that they claim a superior position over all other churches for the reason that they can trace the succession of Roman Catholic Popes from Apostle Peter. In their belief this provides the Roman Catholic Church a distinctive authority that prevails over other churches. This Apostolic succession can only be located in the Catholic Church and no other unrelated churches to it have any legitimate claim to it. It is due to this apostolic succession that the Catholic Church claims a privileged command to interpret the Scriptures and to ascertain the doctrine, in addition to the claim of possessing a supreme religious head in the figure of the Pope who is seen as a perfect human being. Hence, according to the perspective of the Roman Catholic, the preaching or practices of the Catholic Church as they originate from the Pope are mutually as perfect and powerful as the Scripture they interpret (Rops 1961). This is one of the primary dissimilarities between Catholics and Protestants and also one of the initial causes of the Protestant Reformation. The Protestant Reformation was an impressive movement of emancipation from religious oppression, and a justification of the sacred privileges of conscience in issues of religious conviction; Luther’s daring act at the Diet of Worms, in front of the two most powerful figures in the world, the