Reaction paper Assignment Example | Topics and Well Written Essays - 1000 words

Reaction paper - Assignment Example Social Media has relevance not only for regular internet users, but business as well (Riley, n. d). In the 21st century, social media has become a fast evolving tool of education, social connection, and job procurement. As such, the young and old alike must learn to use social media responsibly. This is ascribed to the fact that social media when used properly can ensure a better future for an individual; however, its misuse can spell academic, professional, and financial disaster. Therefore, this paper aims to present the arguments of academic experts on the significance of responsible use of social media accounts. Several academic experts assert that proper use of social media can help to strengthen the chances of a college student into getting into his preferred college. It will also help the student achieve a type of social life while in college that will help enhance their college learning and living experience. Social media has helped colleges and universities make the college experience more interesting and exciting for their potential and current students through the students responsible use of social media. According to researchers such as Mark Connolly of WCER, students have tightly packed academic schedules throughout the semester. However, that it not to say that the schools do not give the students some time off between classes by hosting social mixers and the like. Due to the sheer volume of students on campus, it is almost impossible to get the information out to all of them. This is where social media steps in as an excellent social connecting tool for students. He explains that social media helps to create enduring relationships between the students by facilitating the social connection of peers. He offers an example of this benefit as: Connecting fellow dorm students through Facebook can help a student overcome the kind of isolation that otherwise might lead

A Passage to India Essay Example for Free

A Passage to India Essay In E. M. Forsters A Passage to India, identities and the labels placed on identities create a vicious environment in which little can be achieved. The English colonists and their Indian subjects are on polar sides of the struggle. The Indians acknowledge that labels are subject to limitation and can blind one to critical differences. The English, however, insist on assigning a label to all components of their lives. A tiny and unidentifiable green bird symbolizes this struggle between these two groups, as they are embroiled in the muddle of India. The indeterminate green bird hints at the irreconcilability of the two cultures. Indias mystery, just as the birds, cannot be explained when approached from two wholly different methodologies. Miss Adela Quested and Ronny Heaslop argue over the green bird, and in doing so, illustrate how the English handle identity. Foremost, it is imperative to the two that they identify what kind of bird it is. Forster admits that although the bird was of no importance, (91) the two, and therefore the English whom they represent, feel a need to assign a name to the bird. His narration is certain that identifying the bird would somehow have solaced their hearts. (91) Critically, the two have just agreed to call off the wedding plans for which Adela had journeyed to India. The two ex-lovers are surprisingly mechanical when discussing this new course of action. The two agree that had they quarreled (90) about this change of plans, it would have been too absurd. (90) Emotions do not seem to hold an important part in English interpersonal relationships. Adela describes their apparent detachment as being awfully British. (90) In fact, although Ronny felt angry and bruised (90) by his dismissal, he refuses to show his pain because of pride, furthering the message of English emotional detachment. From a modern perspective, if Ronny loves Adela deeply, it would be unthinkable that he could let his pride keep him from pursuing her. Instead of addressing their emotional problems, the two pursue the green bird and try to force it to have some degree of English order. The small green bird symbolizes India; it defies English labeling, it is constantly changing and it is far more complex than a single name could communicate. Adela does her best to describe the bird by noting its physical characteristics and location. She hopes that Ronny can explain this bird to her once he knows that it is green and in the tree above them. Similarly, Adela hopes she will understand India once Aziz lists a few characteristics. Yet, she is unable to determine between fact and opinion as she accepted everything Aziz said as verbally true. (76) Just as Ronny is unable to name the bird, Aziz will be unable to explain India. Adela makes the mistake that a label will suffice to create understanding. However, nothing in India is identifiable (91) and by asking the very question Adela has already started a ripple that will cavitate through picture which she asks to see. For example, one cannot study water in any detail without placing oneself into the water. However, by entering the water, one will have created a ripple and the water has forever changed. It is an unreasonable hope to observe an experiene without concurrently changing or interacting with it. Studying birds is much the same; one cannot study the bird if it is unaccustomed to ones presence and while one appears foreign to the environment the bird will not act as it would naturally. Therefore, as long as the English neither assimilate into their environment nor attempt any reconciliation with it, they will be unable to appreciate it. Ronny Heaslop is unable to visualize the problem he faces; he does not begin to imagine that his presence in an environment changes it and therefore requires some adjustment on his own part. An example of this problem is when Ronny encroaches Fieldings luncheon and is rude to the Indian guests. While it is possible to imagine the guests might normally ignore such behavior and assume it was merely English, for the past few hours they have been attending an unconventional party (71) in which they were treated as equals and with respect by all parties. Yet Ronny brings the party back to the reality where [s]uch affabilitiy is seldom seen. (77) When Ronny deals with Indians as private individuals he [forgets] them. (81) As Fielding finally confronts Ronny with the results of his actions, Ronny responds, Well its nothing Ive said I never even spoke to [Aziz. ] (83) He is completely unaware that ignoring Aziz is exactly what has infuriated him. Ronny ignores Aziz because he has labeled him. In the standard English colonists mind there are three types of people in India. There are the British, the Indians in professional environments and the natives. To the colonists, only the first group requires any acknowledgement otherwise Ronny would obviously have greeted Aziz or Godbole. The last and overwhelmingly largest group includes everyone who does not come under the first two headings. The natives are unworthy of respect, should not be trusted and certainly are not gentlemen. As Aziz is therefore unworthy of respect, in Ronnys mind, Ronny simply could not be rude to him. It is physically impossible to offend a native. In Ronnys logic, if he were told he had been rude to one of the British he would be ashamed and apologetic; with regard to Indians, he simply does not see his transgressions. In the same capacity, because he is British he is unable to vary in his treatment of Indians; the man who doesnt tow the line is lost. (190) The English do not understand there is a problem with the way the two cultures interact. From the English perspective, the natives are brutish and almost worthless. From the Indian perspective, the English are rude and unaccommodating. It is unfortunate that the two groups cannot find a middle ground. Nevertheless, Forsters description of these troubled dealings is practically flawless. If the English and the Indians are able to find a common ground and communicate with each other, it is likely that the two cultures could co-exist in Forsters world. The green bird will remain indecipherable to the English and Indian to the Indians. India requires the acceptance and embracing of variation; when the English realize this, their interaction will improve, not before. Works Cited: Forster, E. M.. A Passage to India. New York: Harcourt Brace Company, 1989.

Computers and Communication :: Technology Essays Papers

Computers & Communication Today, more than ever people, are using technology in many different ways. Some people are using technology for leisure purposes while others are making technology work for them. Rapid advancements in technology are forever changing the way that we as people, react with the rest of the world and with each other. My parents, and the parents of many other college students, had little exposure to computers throughout their college education. It is up to the current generation of educators and students to harness the benefits of technology so they can be applied to many aspects of life, from work to communication, and from recreation to leisure. Within the context of this paper I will give some examples of technology (generally computer related) and how it has benefited the way we interact in society. Along with the benefits there are always some kinds of drawbacks, and I would like to touch on a few of those. In an attempt to make some chronological sense I will start off with some to the most basic technological advancements that are helping people like myself to conduct simple tasks such as word processing and so on. Computers, along with their input devices (such as keyboards) and their output devices (such as monitors and printers) allow us to do things in a more efficient manner than in times past (O’Leary 119). For instance, if I were to have typed this paper on a standard typewriter, and decided that I wanted paragraph number three to go where paragraph number four was at, I would have to retype the whole page, if not the entire paper again. Programs like word processors simulate a typewriter in a way that the data is editable for future corrections without ruining what is currently on the virtual page. Word processor programs have ingenious tools that come with them, such as spell checking. Spell checking can be a double-edged sword when it comes to the English language. It is all fine and dandy that your finished text can come out free of spelling errors, but I have noticed that spell checking can weaken ones ability to spell on their own terms using traditional paper and pencil. We must be able to use technology in a way that it does not hinder our skills as human beings. The advent of the word processor is eating away at the use of pen and paper during rough draft procedures, and it is common to see many students starting their rough drafts via computers.

Lockheed Martin Aeronautics †F-16 Modular Mission Computer Application Software

About the Company: Although they are a global security and information technology company, the majority of Lockheed Martin’s business comes from U. S Department of Defense and Federal Agencies. In fact, they are the largest provider of IT services, systems integration, and training to the U. S Government. The remaining portion of Lockheed Martin’s business is comprised of international government and some commercial sales of products, services and platforms. Lockheed Martin’s operating units are organized into broad business areas – Aeronautics: $11. billion in 2008 sales includes tactical aircraft, airlift, and aeronautical research and development lines of business. Electronic Systems: $11. 6 billion in 2008 sales includes missiles and fire control, naval systems, platform integration, simulation and training and energy programs lines of business. Information Systems & Global Services: $11. 6 billion in 2008 sales includes C4I (stands for â€Å"Command, Control, Communications, Computers, and Intelligence†), federal services, government and commercial IT solutions. Space Systems: $8 billion in 2008 sales includes space launch, commercial satellites, government satellites, and strategic missiles lines of business. Something about the F-16 – The Lockheed Martin F-16 Fighting Falcon is a multirole jet fighter aircraft originally developed by General Dynamics for the United States Air Force. Designed as a lightweight, daytime fighter, it evolved into a successful multirole aircraft. Over 4400 aircraft have been built since production was approved in 1976 and it currently serves in the air forces of 25 nations. About the Software: The Aeronautics division of LM’s, based in Fort Worth, Texas has used the OMG’s MDA to develop Application Software for the F-16 Modular Mission Computer. This software is cross-platform compatible and has highly increased productivity and quality. Just as the highly demanding environment of avionics software development and the MMC (Modular Mission Computer) itself. What is the MMC? The Modular Mission Computer is a cost-effective MLU (Mid – Life Update) for the F-16, which combines advanced computing capabilities for both weapons and avionics in a single high performance system. Developed by Raytheon (Lockheed Martin’s F-16 team), it replaces three computers with one superior system, reducing weight by 55%, volume by 42% and power by 32%. What is OMG’s MDA? OMG (Object Management Group) – since 1989 – is a non – profit computer industry consortium. Their board of directors represents most of the organizations that shape, enterprise and internet computing today. Their membership includes hundreds of organizations, most of them representing virtually every large organization in the computer industry and many smaller ones. MDA (Model Driven Architecture) is a modeling standard, which along with UML (Unified Modeling Language), enable powerful visual design, execution and maintenance of software and other processes, including IT Systems Modeling and Business Process Management. When and why was this software developed? The MMC upgrade was a part of the MLU process of the F-16. When plans of replacing the F-16 (in operation since 1979) with its successor in 1999 stalled, they decided to modernize the aircraft, which became the MLU (Mid –Life Update). Part of this modernization process was developing software with cross – platform compatibility. The goal should be to provide cross-platform compatibility of Application Software despite any Implementation, or platform specific, changes: that is, changes to the Hardware Platform, the Software Execution Platform, or the Application Software Interface {draw:frame} The development Process – The F-16 MMC team originally used traditional CASE tools with an OO modeling notation to specify the software before manually coding it in Ada (Language extended from Pascal). When they migrated their development to Kennedy Carter’s iUML tool, they gained the ability to use a UML action language which made their UML models executable. They could then test their UML models to verify their intended behavior before hand-coding the implementation. More recently they have used Kennedy Carter’s iCCG product to specify, in eXecutable UML, an Ada code generator which can automatically generate 100% of the Ada implementation. By this means they guarantee that their UML models are entirely platform independent and portable across any future platform. {draw:frame} eXecutable UML Modeling: Overview xUML models are a complete representation of the problem space (not a top-level or preliminary design) Modeling is performed using a Unified Modeling Language (UML) representation Modeling makes use of a precise Action Specification Language (ASL) and is therefore executable (providing early validation of the models) Each xUML model is a Platform Independent Model (PIM), that is, completely implementation-independent (i. e. independent of the hardware platform, the software execution platform, and the application software interface) _Design Tagging: _Overview Whereas xUML modeling is platform- independent, Design Tagging is platform-specific (i. e. pecific to a particular Application Software Interface) Platform-specific design decisions (only those needed to support code generation) are made during Design Tagging, and are represented with design tag values that are applied to the xUML models The most standard implementation is always assumed by the code generator, such that only exceptions must be tagged Design Tagging is overlaid on (not embedded in) the xUML models, such that it may be included or excluded Desi gn Tagging: Specifying the PIM to PSM Mapping {draw:frame} Automatic Code Generation: Overview Automatic code generation is simply an extension of the code generation technique used for simulation of the eXecutable UML models on the development platform, this extension being for the target (embedded) platform The code generator is developed within the same environment as the application software using the same eXecutable MDA strategy {text:list-item} Nearly all implementation-specific design tasks (all but the design decisions represented by design tag values) are performed by the code generator, not the software developers Advantages of the eXecutable MDA Approach Increased Quality The majority of software developers are isolated from implementation details, allowing them to focus on a thorough analysis of the application space Maintenance of the application source code is eliminated, while maintenance of the xUML models is ensured Defect injection (and the resulting rework) is reduced by automating the software phase in which most defects are injected {text:list-item} Increased Productivity Rework is reduced Early validation through simulation reduces rework {text:list-item} Higher quality implementation (due to automation) reduces rework Software development span time is reduced by automating the implementation phase Application Software development schedule is reduced by at least 20% The code generator, not each software developer, performs the majority of implementation-specific design tasks 40-60% of physical source code Cross-Platform Compatibility One Application Software xUML Model database may be reused (as is) on any platform for which a mapping is defined (i. e. a code generator is developed) xUML models are compatible with any hardware platform, any Software Execution Platform, and any Application Software Interface xUML models are compatible with any implementation language References: Dr P. J. Wright, Lockheed Martin Success Story: 2002, http://www. omg. org/mda Lauren E. Clark, Power point presentation, F-16 Modular Mission Computer Application Software: 2001, Lockheed Martin Corporation. Lisa Hsu, Paper – F-16 Modular Mission Comput er (MMC), 2006, Raytheon Company

African American History Essay

Introduction The America that was there after the conclusion of the civil war is nothing like the America we recognize presently. Significant events have occurred since 1865 that have shaped our understanding of what America is today. Major industrialization and urbanization, equal rights for all citizens and the two major world wars that have shaped our understanding of what America is today. While, there are numerous events that have shaped America, there are few events that have served as markers of change for the entire society, particularly for the African Americans. From 1619 to 1865, a significant number of African American immigrated to the United States as slaves. Ever since the arrival of the first African Americans in Point Comfort, currently known as Fort Monroe in Hampton, the African American community has made significant strides in the community. However, the major event that occasioned this strikes transpired in 1865: the abolishment of slavery. This marked as a single major event that catapulted the African American society to where it is today. This article will examine the history of African American from 1865 to today. In 1865, the civil war between the north and south, or civil war as it is known came to an end. This was a time of great upheaval in the American society. The entire American society was attempting to integrate, and become part of the union. The south had agreed to integrate and become part f the union (Feagin, 2014). The South had consented to join the union. In the same year, President Lincoln was assassinated. The conclusion of the Civil War occasioned the beginning of the period of reconstruction. This period was characterized by upheaval, and the AFRICAN AMERICAN HISTORY SINCE 1865 3 country attempted to reintegrate itself, and also integrate the southern. This was a period of new beginning for the entire nation (Gates, 2012). The Constitution 13th amendment was ratified, abolishing slavery in the United States of America. This phase is edged in history as one of the most imperative event in the African Americans history (Feagin, 2014). During the era of reconstruction, which lasted from 1865 to 1876, significant events occurred that shaped the lives of African Americans. The African Americans begun the process of reintegration, and they found themselves with a system that they were not used to. This period was not just a period of reintegration for the white people, but rather for the entire nation (Feagin, 2014). During this time, it was particularly challenging to the African Americans because they were attempting to integrate to a society that was heavily biased against them. During the reconstruction period, there was little political and social agreement, especially over the issues of who should be permitted to vote (Gates, 2012). There were disagreements as to whether confederates, ex-slaves or those slaves that fought during the war should be allowed to vote. The death of President Lincoln and the establishment of new administration under President Andrew Johnson made the process of reintegration more complex for African Americans (Feagin, 2014). In 1866, legislation known as the ‘Black Codes’ was overwhelmingly passed by every white legislator of the former confederate States. The black codes greatly hampered the ability of African Americans to be reintegrated into the society (Gates, 2012). During that same year, the Congress passed the Civil rights act, which conferred citizenship rights to all African Americans, and giving those equal rights and liberties as to those of the white-American people (Feagin, 2014). The 14th amendment was ratified, in 1868, which defined citizenship for the African Americans, and also which overturned the Dred Scot decision (Gates, 2012). The 14th amendment strengthened the civil and legal rights of the African Americans, elucidating among other things, AFRICAN AMERICAN HISTORY SINCE 1865 4 that no state in the union shall deprive any African Americans their due process in law and the equal protections provided in the law (Feagin, 2014). The 14th amendment ensured, to some extent that the African Americans civil rights were protected. The 14th Amendment reversed the United States Supreme Court ruling in Dred Scott v. Sanford, which ruled that African Americans were not truly United States citizens (Feagin, 2014). The 14th amendment had several profound impacts on the lives of African Americans. First off, the amendment integrated African Americans into the society, by overruling the previous ruling that African Americans were not truly American citizens (Gates, 2012). Secondly, the 14th amendment prohibited the national and state governments from depriving any person, including African Americans, liberty, life and property without due regard and process as established in law. By guarding the civil liberties and rights of African Americans, the law inflicted a penalty, which entailed the loss of electoral votes and the loss of congressional seats, on states that dispossessed African Americans of their voting rights. Thirdly, the 14th amendment guaranteed all Americans, regardless of their racial affiliations protection under the law (Feagin, 2014). This clause serves an essential foundation for the decision to repeal the ruling in Brown v. Board of Education that overturned segregation. The 15th amendment was ratified in 1870, which gave African Americans voting rights. As the third and final amendment to be ratified in the reconstruction period, the 15th amendment forbids the national and state governments from refusing a citizen the voting rights based on that citizen’s color, race or servitude (Feagin, 2014). The adoption of the 15th amendments was greeted with extensive celebrations in African American communities and other abolitionist societies. The sense among African Americans is that their rights had been offered protected and secured. The adoption of the 15th Amendment completed a series of civil change, and it was one of the most significant events African American historical events. The 15th amendment meant AFRICAN AMERICAN HISTORY SINCE 1865 5 that the African American communities did not require the protection they were being offered by the government (Feagin, 2014). Towards the end of the reconstruction era, the south recognized that it would no longer be conceivable to hold on the perspective of recreating itself out of the North. In spite of this, there was still lingering tensions between the North and South (Feagin, 2014). Although equal rights were granted to African Americans, they did not fully enjoy them. While African Americans enjoyed expanded freedoms, it would not be till nearly a hundred years later, during the Civil rights movement that the entire fruits of reconstruction would be seen. The period of reconstruction ended in 1877, during which, a deal was struck with Democratic leaders from the south, to make Rutherford B. Hayes the U. S president, in exchange for the withdrawal of federal troops from the south, and which stops the efforts to protect the Civil liberties of African Americans. In the period after the reconstruction era, rapid industrialization followed. During this period, African Americans on the south started escaping to the North to run away from oppression (Gates, 2012). In 1879, thousands of African Americans moved to the north. In the industrialization period, rapid industrialization and development ensued in big cities in the United States. Construction of railroads spread across the country. Railroads encouraged the growth and expansion of cities (Gates, 2012). Many Africa Americans migrated to the cities to work in the processing and production companies. In 1881, Tennessee ratified the first of the ‘Jim Crow’ segregation rules, which segregated stated railroads. Over the next 15 years, similar laws were passed throughout the southern States. The segregation laws caused African Americans to migrate to the northern States (Gates, 2012). The Jim Crow segregation laws conferred a separate but equal status to all African Americans. In practice, the separation led to circumstances for African Americans that were second-rate to those offered to white Americans. AFRICAN AMERICAN HISTORY SINCE 1865 6 systematizing several of economic, educational and socials disadvantages. The southern states had De jure while de facto applied in the northern states (Feagin, 2014). The Jim Crow segregation laws inflicted segregation in housing, which was imposed by covenants, job discrimination, and loan lending discrimination in banks, and also African Americans were also discriminated in labor unions (Gates, 2012). During the industrialization era, companies came up across various cities. African Americans were increasingly becoming urbanized, and left their farms and homesteads, and moved to big cities to get jobs. In 1887, the ‘standing Lincoln’ statue was unveiled at Augustus Saint gardens in Chicago (Feagin, 2014). The Plessey v. Ferguson case was a milestone ruling in the United States. The Supreme Court of the United States ruled that ‘Jim Crow’s separate but equal segregation policies to be legal, and begin being implemented. These laws barred African Americans from equal access in all public facilities. The 1900s marked the rise of civil rights movement across the United States. In 1954, the court in Brown v. Board of education case, ruled that segregation in education facilities to be unconstitutional and this measure strike down segregation in education facilities (Feagin, 2014). In 1955, Rosa Parks was arrested in Montgomery Alabama, for refusing to give up her seat to a white man. Her defiance offered the start of a momentum to the civil rights movement that spread across the United States. She was not the first black person to refuse to wake up for a white person, but by the time of her action, there was growing resentment and anger in the African American society for being treated as second-class citizens. Word went around about Montgomery mistreatment and arrest (Feagin, 2014). The Women’s Political Council resolved to protest Rosa Park’s ill-treatment by arranging a bus boycott to start on the day of Parks’ trial, December 5th. Martin Luther King Jr. and the African American community established an association, the MIA (Montgomery Improvement Association) to carry on boycotting until the AFRICAN AMERICAN HISTORY SINCE 1865 7 Jim Crow segregation laws were altered (Feagin, 2014). The key objective was to stop segregation in the public transport system and other sections of the society, and also to employ African-American drivers in Montgomery. The public unrest ensured for 382 days, costing the Montgomery bus company he sums of money, however the city declined to give in (Feagin, 2014). The Montgomery protest leaders filed a national lawsuit in opposition to the city’s segregation rules, claiming that Montgomery desecrated the 14th Amendment. In 1956, a national court stated that the Montgomery segregation rules were unlawful, but lawyers for Montgomery County appealed. On November 3rd, 1956 the Supreme Court ruled that the segregation laws in Montgomery were illegal. During the protest, the Montgomery authorities made many arrests (Feagin, 2014). At one time, the police detained a group of African Americans waiting for carpool pick-ups. A court jury acknowledged the boycott unlawful, and 115 protest leaders were detained. In 1957, Martin Luther King, Jr. established the Southern Christian Leadership conference, which served as the forefront engine of the civil rights movement. The conference served as the main council for organizing civil rights protests across United States. The civil right movements were against discrimination of any kind and the fair treatment of all people, regardless of their color across United States. The civil right movement characterized main campaigns and protests of civil resistance (Feagin, 2014). The civil rights movements lasted between 1955 and 1968. The civil rights movements were characterized by civil disobedience and non-violent protests. In 1964, the civil rights act was ratified, and it prohibited all acts of discrimination. In 1965, The Voting Rights Act was ratified, and it outlaws the carried out in the South to disenfranchise black voters. In 1967, the first African American senator, Edward W. Brooke, was elected, and he served for two terms (Feagin, 2014). Martin Luther King, Jr. was assassinated in Tennessee, which was one of the sad moments in African American AFRICAN AMERICAN HISTORY SINCE 1865 8 history. The election of Barack Obama served as a significant milestone for United States, particularly the African American community. President Barack Obama was elected the first African-American president, in 2008. President’s Barack Obama’s election served as one of the most significant milestone for the African Americans community (Feagin, 2014). A racial divide that was there between the African Americans and white Americans was erased, and it was erased for all eternity. President Barack Obama was elected for a second term in office, which signaled the apparent rise of the African American community to the top (Feagin, 2014). In his second term in office, President Barack Obama has shown that there are things that seem more possible for the African Americans, than they were in his first term. He has made African Americans realize that they can achieve anything if they want to, and made their expectations realistic. Conclusion From the shackles of slavery in the 1800s, the African American community has risen to take full advantage of their civil liberties and freedoms. For over 300 years, African Americans fought for their civil rights and freedom. The African Americans struggles have been a major issue in each juncture of United States history. In 1776, when slave-holders were revolting in opposition to the menace of British abolitionism, the African Americans formed part of the American Revolution. During the civil war, the African Americans were also part of the struggles. African Americans have endured as much as any other community and have fought for the rights and liberties of all people in the community. From the attainment of freedom, and the struggle to get equal rights and civil liberties, the election of Barack Obama as the first African- American President, the African American community can gladly say that the racial divide between the Blacks and white Americans has been completely erased. AFRICAN AMERICAN HISTORY SINCE 1865 9 References Feagin, J. R. (2014). Racist America: Roots, current realities, and future reparations. London: Routledge. Gates, H. L. (2012). The Oxford Handbook of African American Citizenship, 1865-present. London, UK: Oxford University Press.

Essay Sample on Reconstruction Policy and the South after the Civil War

Essay Sample on Reconstruction Policy and the South after the Civil War After the civil war, the fundamental task of the Central Government was to adopt a proper policy of reconstruction and re-union with a view to strengthening the American Federation. But due to various reasons, the task was a complex one. The sad assassination of President Lincoln made it amply clear that the fanatics were strongly opposed to a progressive policy. He, indeed, had hated slavery and desired its abolition. But he actually fought for Union and not for the emancipation of the slaves as such. His primary purpose was to protect and preserve the unity of the Federation by thwarting the disintegrating attitude of the South. So, after the end of the civil war, the Primary Task of the new President, Andrew Johnson, was to carry out a generous conciliation as advocated by his predecessor. But the victorious North, mindful of its own loss due to the war, was by no means conciliatory in its attitude towards the South. At least initially, the states of the North were in favor of adopting a policy of retaliation (L. Mukherjee). So, bitter quarrels broke out between the President and Congress which was dominated by the Republicans. As a matter of fact, the party-system of America was, during this time, almost localized and the Republican Party had no strong base in the south. This is also a reason for which it did not, initially, take much care for the interests of the South. The Reconstruction Act of 1867-68 provided that the Southern states should be treated as the conquered provinces to be administered by the military Governors and were to be readmitted to the Federation after they ratified the fourteenth amendment of the constitution. As some of the states withheld such ratification, the Congress proceeded to subject the South to Negro-rule under military protection. Naturally, the Negroes took the advantage of this provision and the reign of ‘Black Terror’ came into being. But gradually, a basic change ushered in primarily due to political and constitutional measures. Politically, the Southern states came to realize that the Federation was indestructible and any such attempt to break it would surely end in vain. The Federation was protected and it was taught to all that the units of and nobody, however mighty and powerful, had the right to break it up. The civil war also established the fact that the Center, though dominated by the Northern states, was, for ensuring Federal unity entitled to adopt strict military measures. Such realization slowly infused in the South the idea of national unity and solidarity. Similarly, the Northern states rectified their earlier stand and accepted the Southern states as the integral part of the Federation. In this way the South were brought back into the Union and the rebels were taught to be loyal citizens. Of course, the party-system also helped much in the growth of such unity. Gradually the Republican Party expanded its organizations in the South and the, eventually, it too acted as a unifying force. Constitutionally, too, the process was towards unification. As O.P Goyal observes, â€Å"The 13th (1865), 14th (1868) and 15th (1870) amendments grew out of the civil war† (Goyal). The 13th amendment abolished slavery which so long appeared as a bone of content between the South and the North. The 14th amendment defined citizenship and forbade states to deprive persons of life, liberty and property â€Å"without due process of law†. The abolishment of the institution of slavery has brought about the emancipation of billions of people who had so long forced to remain as the casualties of modern civilization. The Negroes, who had suffered much due to racial hatred, were now placed in power and position. In this way the people of the North and South were brought in a state of equality. The 15th amendment forbade the Governments, both central and provincial, from abridging the right to vote because of race, color, residence or other previous conditions of servitude. Thus th e concept of equality and liberty was upheld through the constitution and, naturally, the vast majority of the Southern people who so long nurtured a grudge against the center, became loyal and submissive. The republic was, however, strengthened by the civil war. America emerged out of it with a new spirit, hope and vigor. It now adopted a bold policy – France was forced to withdraw its army from Mexico and Britain was persuaded to compensate for the American loss in the Alabama issue. This political factor had its influence on the economic side too. The Center, still dominated by the North, showed a practical sense in this matter. The Government adopted a policy which encouraged rapid industrialization and this scheme largely helped the South to proceed towards prosperity. As stated earlier, the slave-dependent society of the South now became much more rational in their approach and concentrated on the system of rational industrialization. Due to the abolition of the slave-system, and the new spirit of industrialization, they broke up the big estates and invested in the industrialization process. Thus an economy of cotton-cultivation gave way to the industrial revolution. They now manufactured their own goods and the spread of railways expanded their markets and also united them with the North. In the place of localism, a new feeling of solidarity and community of interests grew up. In this way the North and the South united together and formed a strong Federation . Rapid industrialization not only improved the living standard of the South, but also ensured a regional balance in the economy. This is a sample History essay written from scratch by one of our academic writers. 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Which Font Should You Use on Your Resume

Which Font Should You Use on Your Resume Individuals who are writing their resumes are swamped with a variety of fonts to choose from, including italic fonts, fonts with fancy curlicues and plain block fonts. Added to that confusion, the font size has to be chosen and resume writers want to find that perfect font that will impress the recruiter but is easy to read. Since you expend enough effort writing your resume and searching job classifieds, you don’t need to stress over what font to use. By using the following tips for the worst and best fonts to use, you can find an appropriate font to use for your resume and spend more time concentrating on that perfect content. CalibriCalibri may be a good choice for a resume for several reasons. It isn’t as commonly used as Arial and using Calibri 12-point will give you an easily read resume that is nicely laid out. Since a good-looking resume is your aim, Calibri may be a good choice.RELATED:Â  Revamp Your Resume: How to Choose FontsHelveticaHelvetica is a Swiss fon t that is highly favored by typographers and designers. It’s clean lines and clarity can be found in a number of corporate logos, including Microsoft. While it comes with Mac, you will have to purchase it as an extra font to use with your Windows program.GeorgiaThis is a traditional looking font and a good change from Times New Roman, which has been overused. Georgia gets a high score for readability, and it was designed to be read on a computer screen and works with both Windows and Mac.GaramondAnother good alternative to Times New Roman, Garamond looks like a classic style with a modern edge to it. It also lets you fit more onto a page without looking like the text is forced into too small a space. Garamond is definitely a good choice for a resume.CambriaIf you have Word, you may have noticed that Cambria is one of the fonts included with the program. Cambria is another font that was designed to be easily read on a computer screen and because of the letter construction, it works well for both printed and online resumes.Gill SansThis English font has been around for many years but was rediscovered and became popular again around 2000. The classic yet modern styling looks good in a resume and is available for Mac OS X and offers several versions in Microsoft Word.Times New RomanThis font is commonly used, but there are reasons to steer clear from it on a resume. One reason is that so many other people use it. Because they do, it won’t stand out from the rest of the applications. That’s reason enough to not use it. In addition, it can be difficult to read when you use a smaller type size.CourierSince Courier was designed to look like you typed it, that is reason enough to stay away from it. In addition, because of its monospacing, it can look a little strange when reading it since all the letters are spaced equally.Comic SansUnless you are applying for a job with a comic book company, leave Comic Sans to use another time. Comic Sans falls i nto the flashy, over-the-top category you should stay away from.Brush ScriptScript is a no-no to start with, but Brush Script is the worst. This font, designed in 1942, is sadly out of date compared to many other fonts and may date you as well if you use it.Choosing the right font can be an important consideration when writing a resume since you want your resume to look neat and easily readable without being too flashy. Searching for a job itself also requires consideration and there are numerous ways to conduct a job search such as checking out daily job ads. TheJobNetwork does the work for you, freeing your time for other pursuits while you search. After you fill out a list of your job interests and qualifications, TheJobNetwork goes to work around the clock to find job listings that might interest you and sends them to you as email alerts. Sign up with TheJobNetwork to get started.

Anne of Hanover, Princess of Orange

Anne of Hanover, Princess of Orange Known for:  Second to bear the British title Princess Royal Dates:  November 2, 1709 -  January 12, 1759Titles Include:  Princess Royal; Princess of Orange; Princess-Regent of FrieslandAlso known as:  Princess Anne of Hanover, Duchess of Brunswick and Là ¼neburg Background, Family: Father: George IIMother: Caroline of AnsbachSiblings: Frederick, Prince of Wales; Princess Amelia Sophia; Princess caroline Elizabeth; William of Cumberland; Mary of Hesse-Cassel; Louise, Queen of Denmark Marriage, Children: husband: William IV of Orange-Nassau (married March 25, 1734)childrenCarolina of Orange-Nassau (married Karl Christian of Nassau-Weilburg, 1760)Princess Anna of Orange-Nassau (died weeks after birth)William V, Prince of Orange (married Princess Wilhelmina of Prussia, 1767) Princess Royal Anne of Hanover became part of the British royal succession when her grandfather succeeded to the British throne as George I in 1714. When her father succeeded to the throne as George II in 1727, he gave the title Princess Royal to his daughter. Anne was heir apparent to her father from her birth until 1717, when her brother George was born, and then again from his death in 1718 until the birth of her brother William in 1721. The first woman to hold title of Princess Royal was Mary, eldest daughter of Charles I. The eldest daughter of George I, Queen Sophia Dorothea of Prussia, was eligible for the title but was not given it. Queen Sophia was still alive when the title was given to Anne of Hanover. About Anne of Hanover Anne was born in Hanover; her father was at the time electoral prince of Hanover.   He later became George II of Great Britain.   She was brought to England when she was four. She was educated to know English, German and French, to understand history and geography, and in more typical female subjects, such as dance.   Her grandfather supervised her education from 1717, and she added painting, Italian and Latin to her subjects. The composer Handel taught music to Anne. A Protestant successor to the royal family was considered essential, and with her eldest surviving brother being much younger, there was an urgency to find a husband for Anne.   Her cousin Frederick of Prussia (later Frederick the Great) was considered, but her younger sister Amelia married him. In 1734, Princess Anne married the Prince of Orange, William IV, and used the title Princess of Orange instead of Princess Royal.   The marriage won wide political acceptance in both great Britain and the Netherlands.   Anne apparently expected to remain in Britain, but after a month of marriage, William and Anne left for the Netherlands.   She was always treated with some suspicion by the Dutch citizenry. When Anne first became pregnant, she wanted to have the child in London, considering the possible position of the child in the royal succession.   But William and his advisors wanted the child born the Netherlands, and her parents supported his wishes.   The pregnancy turned out to be false.   She had two miscarriages and two stillbirths before she  was pregnant again with her daughter Carolina born in 1743, her brother had finally married and her mother had died, so there was little question but that the child would be born at The Hague. Another daughter, Anna, born in 1746, died a few weeks after birth.   Annes son William was born in 1748. When William died in 1751, Anne became regent for their son, William V, since both children were underage. The power of the ruler had declined under her husband and continued to decline under Annes regency. When a French invasion of Britain was expected, she stood for neutrality of the Dutch, which alienated her British support.   She continued as regent until her death in 1759 of dropsy.  Her mother-in-law became Princess Regent from 1759 until she died in 1765.   Annes daughter Carolina then became regent until 1766 when her brother turned 18. Annes daughter Carolina (1743 - 1787) married Karl Christian of Nassau-Weilberg.   They had fifteen children; eight died in childhood. Anne of Hanovers son William married Princess Wilhelmina of Prussia in 1767. They had five children, two of whom died in childhood. Bibliography: Veronica P.M. Baker-Smith  A Life of Anne of Hanover, Princess Royal. 1995. More womens history biographies, by name: More womens history biographies, by name:

Analyzing Risk Assignment Example | Topics and Well Written Essays - 1000 words

Analyzing Risk - Assignment Example Serious fluctuations in the exchange rates may raise expenses, diminish profit and hinder smooth financial planning (Holland, 2006). Brazil is one of the emerging markets thus making its currencies to be more sensitive to the market. Brazil has had an independent floating exchange rate hence making the country’s currency volatile. Inflation, liability component and credibility have been the major sources of exchange risk in Brazil thus making the exchange rate volatility higher in the country (Country Risk Analysis Brazil, 2014). Some other challenges that Brazil faces in with their foreign exchange risk are the fact that their import tends to grow faster than the export. This mostly originates from their large hydrocarbon import compared to their exports (Holland, 2006). However, exchange rate risk may not be a major threat in Brazil because of the recent positive developments. The good news is that Brazil’s economy has shown positive growth in the recent past. The Brazilian government has ensured that domestic inflation is decelerated and that interest rates are controlled (Country Risk Analysis Brazil, 2014). These measures have, to a certain extent, led to a stable currency. Foreign exchange risk may make running the new facility expensive hence hindering its success. Brazil is one of the greatest economies in the world. It is the 6th largest economy globally, with a growing active population and resistance to external shocks. However, the country faces many risks as a country including corruption, inefficient public expenditure, high cost of production and incomplete educational system. In 2014, economic growth was not at its best because of decline in household consumption and a high cost of production that affected industrial growth (Country Risk Analysis Brazil, 2014). There is insufficient rainfall experienced in Brazil that has also

Big Data Challenged and Opportunities Assignment

Big Data Challenged and Opportunities - Assignment Example It is evidently clear from the discussion that with big data, the problem of storage arises because of the fact that cloud storage has been seen vulnerable now to many security issues. With the data increasing day by day, it can be seen that people in the Information technology field are decreasing which causes an alarming situation to recruit talented people in the field. Information can be used for various positive purposes and scientific advancements can lead to the growth for a far better future. Where there are positive impacts and the world is moving towards a more digitalized form, there are drawbacks to the same thing which might lead to damage of both research and the society providing it falls into the wrong hands and is manipulated for the wrong purposes. The processing power and the storage capabilities of the technology for big data should be met with to improve understanding of nature. Big organizations have been using big data to gain advancements and lead the industry as compared to the other competitions in the industry. The aim to be the best at what they do, big data in industries is to be analyzed so that the big organizations can have an edge over all the other competitors in the same marketplace. Competition is what leads to growth and betterment. Striving for the best and maintaining the position is what keeps the companies moving forwards and progress in what they do. Analyzing big chunks of data not only gives out an upper hand as compared to the others but it also helps in making up strategies that are developed for the future working process and functioning of the organizational body. Having said that, the management system and lean management lead to the function of a more effective organizational body. It has become mandatory to develop future strategies on analytics and statistics of the company rather than by intuition.  

Specalist Radiographic Imaging Case Study Example | Topics and Well Written Essays - 1000 words

Specalist Radiographic Imaging - Case Study Example In this analysis, the case of a 68 years old male with jaundice and a history of pain in the upper right quadrant is under investigation. The patient also has a history of colonic cancer. The subsequent liver tests undertaken on the patient are deranged, thus unable to give a clear indication of the decease the patient is suffering from. Nonetheless, based on the initial symptoms as seen in the patient, the patient will be diagnosed with Cholelithiasis (Gallstones). Thus, the focus of this essay is to determine the most suitable imaging strategy applicable for diagnosing this patient, which will also entail the evaluation of the appropriate diagnosis procedure and the applicable disease management measures. The patient undergoing disease investigation and treatment, in this case, is a 68-year-old male. The symptoms that have been demonstrated by the patient are jaundice and pain in the upper quadrant of the right hand. Jaundice refers to a yellowish discoloration that is observable on the skin, the white of the eyes and on the mucous membranes (Goresky & Fisher, 1975). Jaundice is caused by an elevated level of bilirubin in the blood and is by itself not considered to be a disease per se. Thus, jaundice is a visible sign of another underlying disease process (Bateson, 1986). Most especially, jaundice is a disease that is associated with children and very rare with adults. Therefore, when jaundice appears in adults, it might indicate the presence of another threatening and potentially fatal health condition (Khan, Alcorn & Hanson, 2014). In adults, jaundice is caused by medical conditions that alter either the normal metabolism or the excretion of bilirubin, causing the dysfunction of th ese processes.

American Civil War High School Essay Example | Topics and Well Written Essays - 500 words

American Civil War High School - Essay Example Another reason why the south lost is that the troops faced major problems in battle. These problems were as a result of lack of a good communication channel, communication barriers led to a lack of information and in the case where a group attacked it were difficult to get help and enforcement from the other troops. The southern troops also lacked unity and many were not confident in winning the battle and this eventually gave the north an opportunity to win the battle. Therefore the south lost due to lack of unity, lack of communication channels, poor organization and lack of experience in battle. In my own view there is no way that the south would have won with all the disadvantages they had compared to the north, they took these opportunity and won the battle. The north won the battle due to the fact that they had more soldiers compared to the south, also the soldiers were experienced, well trained and well armed then the south, transport and communication networks were better than those of the south region and this made it easier for transportation of arms and reinforcing battle fronts.

Summary of a Professional Ethics Article Essay Example | Topics and Well Written Essays - 1250 words - 1

Summary of a Professional Ethics Article - Essay Example This is quite synonymous to the fact that every citizen can avail medical facilities when they require it. In the United States, there are several active private organizations that are providing legal services to the general public on a very low price. Their charges are not dependent on the market price. Government is also taking an active part in providing legal facilities to the citizens where they cannot afford one. In order to determine who provisions these legal services, the author has taken a few assumptions. One such assumption involves that the community has accepted an adversary system. The adversarial system involves having advocates from both parties and then having a judge or a jury decides what is right (Corrin,  2004, p.  3). It is assumed that the citizens will have 4 basic rights: Every citizen is entitled to log a complaint to a judge or a tribunal, once a complaint is logged, the other party has to come in front of the court and explain their actions, they have a right to unanimously agree on the decision the judge has made and if the complaining party wishes, they can have the decision implemented. Since the judge is only involved for the decision making process, it is also assumed that the parties will gather their evidences (Richards & Rathbun,  1999, p.  6). It is also assumed that the judge has a responsibility to provide a healthy space for both parties to present their arguments, to give a fair decision, to make the rule applicable for all future similar cases and to explain their reasoning process to make it understandable to both parties involved why that specific decision was taken. This system relies on both parties to unanimously agree with the decision placed by the judge and the judge to be impartial (Glendon, Wright-Carozza, & Picker,  2008, p.  101). Once the judicial system is setup, it is important to understand the need for the community to be well aware of their rights to avoid injustice.

American Civil War High School Essay Example | Topics and Well Written Essays - 500 words

American Civil War High School - Essay Example Another reason why the south lost is that the troops faced major problems in battle. These problems were as a result of lack of a good communication channel, communication barriers led to a lack of information and in the case where a group attacked it were difficult to get help and enforcement from the other troops. The southern troops also lacked unity and many were not confident in winning the battle and this eventually gave the north an opportunity to win the battle. Therefore the south lost due to lack of unity, lack of communication channels, poor organization and lack of experience in battle. In my own view there is no way that the south would have won with all the disadvantages they had compared to the north, they took these opportunity and won the battle. The north won the battle due to the fact that they had more soldiers compared to the south, also the soldiers were experienced, well trained and well armed then the south, transport and communication networks were better than those of the south region and this made it easier for transportation of arms and reinforcing battle fronts.

A proposal for a Moroccan restaurant in Qatar Research Paper

A proposal for a Moroccan restaurant in Qatar - Research Paper Example In starting a Moroccan restaurant in Qatar, the investor will benefit from the close cultural ties between the two countries. Morocco and Qatar have close cultural ties where in both countries, the official language is Arabic and the majority of residents are Muslims (Cohen, 2000). The proposed location of the restaurant has been preferred given that it is an attraction site and therefore the restaurant will be able to reap from the high turnout in this area. Particularly, by starting a Moroccan restaurant at the heart of a cultural center will offer the Moroccan immigrants and customers from diverse cultures a taste of Moroccan delicacies. In addition to offering Moroccan foods, the restaurant will give its customers the Moroccan cultural experience. Decoration to be Used on the Restaurant To attract customers and distinguish the restaurant from other facilities in the area, decorations that will be used will be based on the Moroccan style. This will not only give the facility a uni que image but will also help bring the Moroccan architectural design into this cultural area thereby increasing its representation. The decoration will also make it a memorable destination in the minds of all visitors and therefore its marketing will be enhanced. The Moroccan decoration style will used both in the interior and exterior of the restaurant. Additionally, the furniture that will be used in the restaurant will also be based on the Moroccan design. Moroccan Interior Moroccan Furniture The colors used in Moroccan interior decoration are usually welcoming and warm giving the visitors a relaxing and welcoming feel. The furniture has distinctive look and are covered with animal skin such as goat, camel and cow hide (Williams, 2009). The restaurant will also incorporate some plants for its decoration. Some of the plants to be used include dwarf palms, thuja trees, rose bushes, mimosa and mango tree. To further give the restaurant a Moroccan touch, the accessories to be used in the hotel such pottery, tile and ceramics, candleholders, Arabian night lanterns will be based on the Moroccan style. Restaurant staff To serve its customers adequately, the restaurant will recruit forty employees who will work in different cadres. The staff to be recruited will be from Morocco as they will be able to prepare Moroccan meals. The staff will be headed by a hotel manager who should have experience in hotel management and a strong educational background on the same. The manager will oversee the overall management of the restaurant. The manager will be deputized by various assistant-managers who will be in-charge of different departments including food and beverages, accounts, supervision and human resource. The food and beverage department will deal with selection of meals and drinks to be stocked. The department will also be charged with catering services where staff in this section will be attending to visitors. Consequently, this department forms the bulk of organiz ation and a large chunk of staff will work in this section. The accounts section will deal with bookkeeping and management all the revenues of the restaurant. The other critical department within the restaurant will be the supervisions departments which will be charged will the general cleanliness of the place. The supervision department will be headed by a supervisor managing about five other staff. The proposed restaurant will a

The following information outlines Brilliant Decisions Associations tender Essay Example for Free

The following information outlines Brilliant Decisions Associations tender Essay Introduction Within this tender for contract, Brilliant Decisions Association has outlined its aims, objectives, and aspirations for providing the City of Leeds with a modern, flexible, and state of the art health facility. The facility which our consortium will be replacing, Leeds General Infirmary, has suffered from under investment for many years. The resulting consequences have produced a health facility which fell short of the communities needs and expectations, and will continue to do so for many years unless investment is acquired. The following information outlines Brilliant Decisions Associations tender for contract for the development of a new health facility for the City of Leeds. Objectives Brilliant Decisions Association is a consortium of national and international businesses with a strategic interest in the strength and success of the Citys economy, financial sector and employment. Our consortium will provide a high quality, privately financed hospital to provide the community with a modern, flexible, state of the art hospital. We believe by providing a new health facility, the community will not only experience sufficiently increased level of care, but increased employment prospects, and improved services. These services, such as the improved transport links a new health facility will provide to the community, will provide increased access to the city and the local community, increase custom to retail outlets which will improve the strength of the communitys finances. Brilliant Decisions Association has many aspirations for the new health facility which it will deliver to the City of Leeds and the local community surrounding the hospital upon completion of the project. We believe the new health facility will be the most modern and state of the art in the country, providing flexible services to meet the needs and demands of the local community and providing the community with a wide range of employment opportunities in which they can progress through into management. We understand that no matter how efficient the new health facility is, we need the support of the local community for it to be a centre of excellence. Brilliant Decisions Association has very strong ethical views on the impact that a new health facility will have on the local community and because of this, we have a number of key areas which we will endeavour to meet with the development of the new hospital. The new health facility is going to be developed in a green field site located in the local community area. We recognise that building on this land will be difficult to accept for the local residents but we are going to develop the hospital to encompass many of the natural aspects of the green field site. We will have many open areas and gardens around the hospital for patient and visitors to walk around. We will develop any land which is not developed into the main infrastructure of the hospital by planting many trees, plants and shrubs to make the hospital less of an eyesore and to encourage the natural wild life to inhabit these areas. The new health facility will be of the highest standards in terms of quality of buildings and the internal infrastructure. The quality of buildings and dà ¯Ã‚ ¿Ã‚ ½cor which will be used will be professionally constructed so as to provide a safe environment for our staff, patients and visitors. A stringent fire safety procedure will be in place to protect the safety of our staff and patients. Our staff will be heavily trained with regular re-training exercises in the health and safety laws and regulations which govern the safety of the hospital, patients and themselves. There will be clearly visible fire and health and safety notices to inform staff and patients of emergency exits and their responsibilities. Brilliant Decision Association will endeavour to employ only quality trained staff to provide our patients with the highest quality of care available to enable the health facility to match our aims and aspirations. * To secure the most advantageous deal for ourselves, building a new hospital, we believe the cost of these advisors will be in the region of à ¯Ã‚ ¿Ã‚ ½14.000.000 on the à ¯Ã‚ ¿Ã‚ ½164.000.000 contract. The consultancy cost figures are in the higher percentage range, around 8-9% so that we do not go under budget for this expenditure. * Based on two future PFI scheme hospitals, they will have a throughput of patients per bed of 88 and 100 per year. We will aim to have a throughput of 90 in line with these future hospitals. * We feel that we can best achieve our objectives by offering a new hospital with buildings of high quality. With a new hospital there are a minimum of limitations as to what can be done, and this will hopefully appeal to the NHS trust. This is of course the option that would satisfy the shareholders in our member companies as well as it will increase their return. * Ancillary staff will be contracted to out to work with existing employees. Because we are pushing for a re-development, TUPE rules wont apply to current staff and all employees can be paid the same and the same conditions can apply to all staff. * We could introduce charges for parking; this could be an area which could provide our shareholders with a large increase in profits. Clamping could also be considered with the release fee waived if we believed it was under exceptional circumstances. Charging for televisions, radio usage and the use of bedside phones should be considered to further increase profits. Vending machines around the hospital could also be used for profit maximisation. We could aim to receive 50% return on the items purchased. * To change this public opinion/perception, we will implement an advertising campaign identifying the opportunities for the population and the district i.e. job creation and investment. We will also identify and reaffirm that it is the only and best option so that we can obtain public support for the hospital. Exhibition portfolio Issue no. 1 Use of consultants, lawyers and accountants We will utilise the expertise of the most qualified consultants, lawyers and accountants to secure the contract and provide us with the maximum profit. The cost of advisors in PFI schemes in the past has been between 2.8% and 8.7%. To secure the most advantageous deal for ourselves we estimate that the cost of these advisors will be in the region of à ¯Ã‚ ¿Ã‚ ½14.000.000 on the à ¯Ã‚ ¿Ã‚ ½164.000.000 contract. As a company we believe this expenditure is justified if we secure the contract. The consultancy cost figures are in the higher percentage range, around 8-9% so that we do not go under budget for this expenditure. As with previous PFI schemes there have been varying public opinions on the financing of their local hospitals under the PFI initiative. We could use these consultants to put to rest the public concerns. This will be discussed later in issue six. Pros and Cons for developing a new Hospital: Pros larger contract = more profits employ own staff (ancillary staff) = cheaper wages Cons Time needed to build and develop = long wait for return on investment Greenfield site No road or rail links = these would have to be constructed taking up valuable time Pros and Cons for the Refurbishment of a previous hospital: Pros Shorter development time Cons Less profit Limitations on employing own staff Poor transport links Poor emergency access as in built up area Issue no.2 Number and throughput of beds The population in the area is expected to significantly increase over the next 15 years. The area of growth that will be the largest will be that of the elderly population. If we were to aim to provide a bed for each elderly member of the public, our profit margins will decrease significantly to satisfy the increased demand. To accommodate for these future demands, we will aim to improve the throughput of beds as in other PFI financed hospitals, above the NHS average of 56-57 patients per year per bed. With these other PFI schemes, they have experienced a 20-40% bed loss when building a new hospital after the reconfiguration of services, an area in which we could investigate in order to save money and increase our profits. Based on two future PFI scheme hospitals, they will have a throughput of patients per bed of 88 and 100 per year. We will aim to have a throughput of 90 in line with these future hospitals. Pros and Cons for reducing the number of beds: PROs * Less cost * More profit CONs * Not able to cope with patients demand * Could affect success for the contract Issue no. 3 Quality of the buildings Alternatives to be considered When considering the quality of the buildings, there are several issues that need to be reviewed. First of all, we need to decide between (a) rebuilding and refurbishing the City General Infirmary (b) building a new hospital We also need to decide whether the hospital, existing or new, should be of (I) poor quality (II) average quality (III) high quality Evaluation of strengths and weaknesses Rebuilding and refurbishing the City General Infirmary: Strengths As the buildings already exist, the costs will be lower compared to building a new hospital. With less construction work needed, the chance of overdue work will be smaller resulting in less chance of being penalized. The lower costs of construction work means that the 20% profit expected by builders will be a lower amount. Weaknesses The existing buildings may cause limitations as to what can be done and likely problems with issues like size can be impossible to overcome. Building a new hospital: Strengths There are no limitations as to what can be done in terms of size, technology etc., enabling us to accommodate all the needs the NHS trust may have. Weaknesses A new hospital involves extensive construction work which will affect the cost. Because of the amount of work required, the risk of penalties due to overdue completion is high. Extensive construction work also means payment to builders will be a large figure. Poor Quality Strengths The costs will be low. Less work needs to be done. Less work means that there is a smaller chance of overdue construction work and penalties. As the cost for poor quality construction work will be low, so will the profits paid out to the builders. Weaknesses As lease agreements for PFI hospitals have a typical duration of 25 years, maintenance of the hospital will be the consortiums responsibility for a long period of time. Any savings we might make now for not investing in quality might become costly in future as shoddy construction work normally doesnt have high durability. Low quality buildings might put the health and safety of future employees, patients and visitors at risk. The chance of winning the contract may be smaller if we only offer a hospital of poor quality. Conclusion After evaluating the range of alternatives, we feel that we can best achieve our objectives by offering a new hospital with buildings of high quality. With a new hospital there are a minimum of limitations as to what can be done, and this will hopefully appeal to the NHS trust. This is of course the option that would satisfy the shareholders in our member companies as well as it will increase their return. Although going with a new hospital and the high quality option will be more costly then the other alternatives, we believe it will increase our chances of winning the contract, and future maintenance expenses will be kept to a minimum. Making a high quality hospital can also be good publicity for the consortium. Issue no. 4 Ancillary services The problem has been defined and recognised. This is concerned with the decision on whether to contract out ancillary services or to provide the service within the scheme. These are the two feasible alternatives. To complete the decision making process, the alternatives will be evaluated and the best alternative will be selected. The consortium has the opportunity to make a maximising choice. This is defined as the decision making the best choice of various alternatives. The decision making condition is that of Uncertainty. The decision maker is not able to predict the outcome of the decision, a range of possible outcomes may be identified and evaluated but there is in-sufficient information to derive outcome probabilities. The problem raises some financial issues. Contracting out the ancillary services is the most profitable course of action for the consortium. Using self-provided employees is less profitable because there pay and working conditions are protected by the TUPE (Transfer of Undertakings) rules. If external ancillary staff were employed, they wouldnt be protected by the TUPE so the consortium could cut costs by paying staff at a lower level. There is also the possibility of a hospital development rather than a refurbishment which would mean that TUPE would not apply to the staff. This would mean that the pay level could be reduced to cut costs and produce a larger level of annual profit. The financial decision raises some ethical issues also. Previous consortia have encountered problems when ancillary staff have been hired and are working with self-provided employees. The ancillary staff are paid at a lower rate then the self-provided staff because self-provided staff are protected by TUPE rules. There will be two sets of staff performing the same operations within the hospital but being paid at two different rates. This could lead to poor team-work between the two different sets of staff. This could lead to in-efficiency and poor performance of staff. Strikes could be encountered and this has been experienced by previous consortia. A strike could increase the workload of self-provided staff who may not be able to cope. The question has to be asked on whether it is ethically right and fair to set the level of pay to two different levels for the same job. The two main issues to contend with before a decision is made the financial and ethical factors. The advantages of hiring ancillary staff are that it is more profitable and are not protected by the TUPE rules so the conditions provided dont have to meet certain standards. However, the hiring of ancillary staff may disrupt the running of the hospital. Strikes could be encountered and the relationship between the ancillary staff and the self-provided staff would not be ideal leading to poor performance of staff. There is also the possibility of a development in contrast to a refurbishment which would mean that self-provided staff wouldnt be protected by TUPE rules. After evaluation of the possible alternatives, it has been decided that the best course of action is to provide staff ourselves. The hiring of ancillary staff would be too much of a disruption for the running of the hospital. With the possibility of a development, self-provided staff wouldnt be protected by TUPE rules. This would mean that self-provided staff would be just as profitable as hiring ancillary staff. Business Decision Analysis model: An analytical decision model can be used to help evaluate and interpret which decision will provide the best outcome. As decision makers, we are operating under the conditions of Uncertainty. The Stochastic model can be used because it incorporates the estimates of probability. A model can be created to help determine which decision will produce the best outcome. The problems encountered with a stochastic model are that it can be difficult to create estimates of the probabilities. The probabilities will be derived using the Subjective method. Under this method, the decision maker uses opinion, intuition, judgement and past experience. The probability tree below conveys the estimates associated with the alternatives concerned with the financial possibilities; ANCILLARY (1High profit) REFURBISHMENT CONSORTIUM SELF PROVIDED (2Lower profit) DEVELOPMENT ANCILLARY (3High profit) SELF PROVIDED (4High profit) Outcome number Probability 1 (0.6 x 0.5) = 30% 2 (0.6 x 0.5) = 30% 3 (0.4 x 0.5) = 20% 4 (0.4 x 0.5) = 20% The decision tree above shows four possible outcomes from the alternatives. The two types of outcome is high and low profit. There is a higher chance of refurbishment rather than development because that is the original proposition. But the development does have its advantages to the government so this should have a reasonable amount of probability associated with it. From these two original options, the consortium can contract out staff or self-provide staff. There is a 50% chance of the consortium choosing each option. These two options will produce a financial outcome. The table above shows these financial outcomes and the probability associated with them. The table shows that choosing ancillary services provides a 50% of profit. This is a 30% probability from the refurbishment and a 20% probability from the development. The development also provides an extra 20% probability of profit from the development because there is no TUPE protection for self-provided staff. This shows that there is a 70% chance of profit from the alternative of choosing ancillary staff, which is the reason why this alternative has been chosen. However, it has been taken into account that these probabilities are estimates and there is room for marginal error. Issue no. 5 Charges for parking and television There are a number of options that could be considered so as maximise shareholder profits, many already employed in other PFI hospitals. We could introduce charges for parking; this could be an area which could provide our shareholders with a large increase in profits. Clamping could also be considered with the release fee waived if we believed it was under exceptional circumstances. Charging for televisions, radio usage and the use of bedside phones should be considered to further increase profits. Vending machines around the hospital could also be used for profit maximisation. We could aim to receive 50% return on the items purchased. Issue no. 6 Opposition to PFI financed hospital Within the local population, there is an 81% objection rate to a PFI financed hospital. They will however accept this proposal when they realise it is the only real option for development of their health services. To change this public opinion/perception, we could implement an advertising campaign identifying the opportunities for the population and the district i.e. job creation and investment. We could also identify and reaffirm that it is the only and best option so that we can obtain public support for the hospital. We could use the services of the consultants/advisors to either carry out this advertising campaign or advise the company how we should do it and get another company in to do it. The second option would cost more money and would reduce our profits. Refinancing We intend to refinance the deal as soon as the risky phase of the construction is complete. We are doing so in order to increase the return on profits for our shareholders. Theoretical decisions During the decision making process we aimed to use the rational model of decision-making. This process had the potential to be successful because: * Goals were known the goal or aim is to win the contract to build and run a new hospital under the PFI Initiative * Information/resources were available through the Department of Health website and other available information it was possible to research previous PFI schemes and what they offer * Prediction is feasible the outcome of the decision will hopefully mean that we will win the contract and this is a feasible prediction as we have as much chance as any other group to win the contract The Rational Model: 1 Identify and design the problem 2 Gather and sort the information 3 Generate the broadest possible range of alternatives 4 Evaluate the strengths and weaknesses of alternatives 5 Select the optimal alternative 6 Implement and monitor the effectiveness The Rational Model applied to our decision-making: 1 Create and submit a promising tender for contract to build and run a Hospital under the PFI Scheme by exceeding present expectations of similar schemes in order to win the contract. 2 Researched previous PFI schemes in order to improve the performance and meet expectations 3 Choose whether the best option would be to build a new hospital or refurbish a previous hospital 4 Identify the six issues in terms of which decision to take pros and cons of each alternative 5 To build a new Hospital in order to increase the chances of providing a better service, whilst benefiting the community, the NHS and our needs, in order to win the contract 6 Submit the tender for contract and wait to see if the contract has been won by ourselves The constraints of the decision making process meant that as a group we may have satisficed rather than maximised due to constraints such as limited availability of resources and time limitations (deadline needing to be met). After attempting to take the Rational approach it can be seen that the decision making process ended up being Bounded Rational as we ended up satisficing the end result. Despite attempting to be rational during the decision making process the actual processes was much more chaotic and Cohen et als (1972) Garbage Can Model is more appropriate to the way in which our decisions were made. The Garbage Can Model: Cohen et al identify that there are 4 independent processes affecting decision-making. These four processes all coincide with each other randomly until the decision is made. Our decision-making was chaotic but eventually as the 4 processes merged the decision was made. * Problems create a proposal that appeals to the local community and the requirements of the NHS to win the contract. * Solutions win the contract * Participants we are a group of business men and women leading a consortium of companies * Choice Opportunities To build a new hospital or refurbish the existing hospital. Factors affecting the decision-making Process: Risk and Uncertainty * Risk the contract will be won by another group choices have to be made about the hospital i.e. new or refurbishment in order to attract the interest and win the contract. * Uncertainty the results of the decision are uncertain as we do not know what the competitors proposals contain. Ethics: When building something as important a hospital the needs of the patients are top priority and the requirements of the staff to provide a safe and workable environment. Societal ethics, professional ethics and individual ethics are important factors in the decision-making process. During the decision-making process the group was not affected by Groupthink or risky-shift. Bibliography Whittaker. L, BDA Lecture notes. www.dh.gov.uk

Evolution of Banking Law Practice

Evolution of Banking Law Practice The society has a general understanding on what a bank is, it is a concept engrained in most peoples mind involving an institution and money. This generally accepted perception simplifies the identification of a bank in the general population. The law, in different jurisdictions around the world has however failed to make substantive definitions of a bank. The difficulty arises due to the difficulty in distinguishing banks from other institutions undertaking financial practices. This ambiguity and the resulting disparity has resulted in different legislations defining a bank in their own context and meaning, the definition of a bank varies subject to the objectives and variations in different financial practices across different Jurisdictions. [1] Halsburys Laws of England defines a banker as: [2]a person or company carrying on the business of receiving moneys, and collecting drafts, for customers subject to the obligation of honouring cheques drawn upon them from time to time by the customers to the extent of the amounts available on their current accounts. The Supreme Court of the United States in the Austen[3] case defined a bank as: A bank is an institution, usually incorporated with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to form a joint fund that shall be used by the institution, for its own benefit, for one or more of the purposes of making temporary loans and discounts; of dealing in notes, foreign and domestic bills of exchange, coin, bullion, credits, and the remission of money; or with both these powers, and with the privileges, in addition to these basic powers, of receiving special deposits and making collections for the holders of negotiable paper, if the institution sees fit to engage in such business. In the Uniform Commercial Code,[4]a bank is defined as a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The Banking Act of Kenya 1991[5] Defines a Bank as; a company which carries on, or proposes to carry on, banking business in Kenya but does not include the Central Bank of Kenya. The definition is interesting. By excluding the Central Bank of Kenya 1984[6], it has given the CBK autonomy to be governed by the Central Bank of Kenya Act, the exemption aims to ease the objectives of the bank as the central regulating body in the country It further defines banking business as; the accepting from members of the public of money on deposit repayable on demand or at the expiry of a fixed period or after notice; the accepting from members of the public of money on current account and payment on and acceptance of cheques; and the employing of money held on deposit or on current account, or any part of the money, by lending, investment or in any other manner for the account and at the risk of the person so employing the money. It is apparent that there are similarities in the definition of a Bank and in commonwealth countries and other jurisdictions. Accepting of deposits, holing current accounts and the use of the depositors money for investment give a general and basic understanding of what a bank is. Under common law the earliest attempt to define a bank was made in the landmark case of United Dominion Trust v Kirkwood[7]. The case involved the defendant who was the managing director of a company that financed the purchase of cars through loans from the plaintiff. The defendants argued that the plaintiff was not registered under the Money lenders Act 1900 and 1927, and so were not entitled to recover the money or enforce the security of the loans. The plaintiffs claimed that as bankers they were exempted from the provisions of the money lenders Acts.The Main issue for determination was the status of UDT. Mocatta J held: Words banking and banker may bear different shades of meaning at different periods of history and their meaning may not be uniform today, in countries of different habits and of different degrees of civilisation This holding emphasizes that the definition of a bank is a matter of context. On appeal, Lord Denning[8] held in favour of the plaintiffs. He described a bank as; An establishment for the custody of money received from, or on behalf of, its customers. Its essential duty is to pay their drafts on it: its profits arise from the use of money left unemployed by them. Lord Denning defined the characteristics of a bank in accordance with the banking practices: They accept money from, and collect cheques for, their customers and place them to their credit, they honour cheques or orders drawn on them by their customers when presented to payment and debit customers accordingly, they keep current accounts or something of that nature, in their books in which the credit and debits are entered. These guidelines set out by Lord Denning made a profound effect in the banking industry that eventually became accepted principles under common law. It is important to note that banking practices have changed as they are not rigid, and constantly evolve with time and circumstances. The principles laid down by Lord Denning set a foundation for subsequent principles and legislation to be built on. In District Savings Bank Ltd ex parte coe[9]Turner LJ held that a savings bank was not considered to be carrying on a banking business as it did not operate current accounts albeit it provided some banking services. And as such its business differed from ordinary banking practices. In the Re Shields Estate[10],the court emphasized on the use of deposits by customers with the aim of making profit. The essence of trade, or business is not in not essential to be found in the mode of in which it disposes of the money which is deposited with it but by the means in which money belonging to others is received.[11] In the case of Bank of Chettinad Ltd of Colombo v inland Revenue Commissioners of Colombo[12]the privy council said that the test for determining whether a branch of a non-resident bank could itself be described as a bank was whether it: Carried on as its principal business the accepting of deposits of money on current accounts or otherwise, subject to withdrawal by cheque, draft or order. Under UK law, the ability to operate current accounts is essential. It is the material evidence of the link between the bank and a customer. It also forms the foundation basis of the relationship and defines the terms of conduct and practice. Current accounts are also a useful tool for taxation and accountability as they give a detailed record of an individuals financial status and transaction. Contrast can be observed between the definition of a bank under Section 2 of the Banking Act 2009 and the UCC[13], the UCC defines a bank asa person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The former defines a Bank as an institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22). It however lists exception: (a) a building society (within the meaning of section 119 of the Building Societies Act 1986), (b) a credit union within the meaning of section 31 of the Credit Unions Act 1979, or (c) any other class of institution excluded by an order made by the Treasury. A Credit Union is a bank in the United States, unlike in the UK where the Act expressly exempts it. This shows the difficulty in coming up with a uniform definition due to a difference in jurisdiction, policies, laws and banking practices. The sovereignty of country allows it to regulate its borders at its discretion making a unified definition almost impossible. To fully understand the issue, it is prudent to look at the historical approach to banking. The Money Lenders Act 1900 and 1927 provided exemptions to persons who undertook banking business under the Money Lenders Act. It gave ambiguous description of a bank or banker to be any: any person bonafide carrying on the business of Banking.[14]Section 2 of The Bills of Exchange Act 1882 provides the term bank to include: any Body of persons, whether incorporated or not, who carry out the business of Banking Section 2 of the Banking Act 2009 emphasizes on regulation of banking activities relating to accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22. [15]The statutory definition differs from the common school of thought by putting emphasis on a licenced institution. This shows regulation is an integral part in all jurisdictions in todays banking system. A bank as an institution enjoys, a degree protection from the law, section 4 of the Cheques Act 1957 absolves bankers from liability from the true owner when they carry out transactions for a customer who has a defective title. Section 80 of the Bills of Exchange Act 1882 protects the Bank in the event a crossed cheque drawn in good faith and without negligence is paid to the payee. This limited liability facilitates transactions, if banks were held liable for every defective transaction carried out in good faith then the banking business would come to a halt. In summary, a bank can therefore be defined as an institution licensed to collect deposit and perform financial transactions, including honouring cheques, running current accounts, and using deposits to make profit. Banking business The history of Banking business in the UK can be traced back to the 17th Century where Goldsmith bankers who begun to develop basic principles of banks as deposit takers and money-lenders.[16] Banking business is the regulated activities carried out by an institution. These activities have to be regulated in order to protect customers and the financial market. Banking practices are not constant, their definitions differ with time. Competition from other financial institutions has led to the expansion of the scope of banking activities beyond the core objectives of the bank due to the entrance of financial institutions into the market that was originally the preserve of banks.[17] Under common Law definition the courts have established three cardinal principles relating to banking business. Banking business Changes with time, varies with respect to jurisdiction; and Is influenced by public opinion[18].Banking business and practices evolve with time, subject to change in order to meet market requirements and customer demands. Banks must adapt and widen their scope in order to be profitable and stay relevant. In Banbury v Bank of Montreal[19] Lord Parker Held that offering financial advice was not within the scope of the bank at the time, and establishing whether giving financial advice on investments was part of banking business. This was however overruled by Salmon J[20] when he stated: The nature of such a business must in each case been matter of fact, and accordingly, cannot be treated as if it were a matter of pure law. What may have been true of the Bank of Montreal in 1918 is not necessarily true of martins Bank in 1958. In the event of establishment of a banker-client relationship, a duty of care is owed and as such offering financial advice was within the scope of banking business. With time, it was accepted that offering financial advice constituted part of banking business due to the duty of care that arises from the banker-client relationship.[21] With respect to jurisdiction it was held that a financial institution that is regarded as engaging in banking business in one jurisdiction is not necessarily so considered elsewhere.[22] , a financial institution that was recognized in another country did not meet the English requirements for a bank as it did not also carry out the requisite activities within the United Kingdom. According to Irish[23] and Australian[24] authority, an institution that accepts money on deposits from the public for the purpose of relending it carries on banking business, In the absence of current accounts and the chequing system. In contrast, running current accounts is an essential feature of banking business in the United Kingdom and other common law jurisdictions[25]. Reputation also has influenced determining an institutions status as a bank, an institution that is generally known as a bank will carry the assumption that it is engaged in banking business. In the case of United Dominion Trust v Kirkwood[26] although the evidence shown did not prove that UDT was operations were in the current banking practices, Harman L.J in his dissenting judgement stated that the evidence of its reputation of carrying on the business of banking in London was not sufficient. Lord Diplock and Lord Denning took a different policy based approach they held that a reasonably minded commercial mans perception and acknowledgement of an institutions banking practice is acceptable. Furthermore, if a city perceived an institution as a bank, it enjoyed certain privileges that came with the title The regulation of banking business has been a widely-accepted principle in most Jurisdictions. Historically there was little Legislative control of the banking sector in the UK, the substantive piece of legislation in place at the time was section 4 of the Banking Act 1946: Which gave the Bank authority in the interest of the public to acquire information and make recommendations to bankers and with the authorisation of the treasury give directions to bankers. This however changed with the enactment of the Banking Act 1979 and 1987, the new laws introduced regulation of deposit-taking institutions that had to obtain Authorization to Operate. The permission to operate regulated activities under Section 22 of the Financial Services and Markets Act 2000 is obtained through part IV of the Act. Section 3 of the Banking Act 1987 prohibited deposit taking by a business without express authorization from the Bank of England. This section is integral in the UK banking as it introduced an authoritative supervisory role over banks carrying out activities within the meaning of banking business. There was little[27] supervisory powers conferred on the Bank of England during this time and the bank justified the success of the London Banking business as a financial hub due to the freedom and flexibility provided in the UK banking sector[28] The Banking Act of 1987 was eventually repealed and the Financial Services and Markets Act 2000 through section 22 and Schedule two required institutions undertaking banking business, including deposit taking to obtain authorization beforehand. The First Banking directive by the EU under Article 3 provided that[29]:Member States shall require credit institutions subject to this Directive to obtain authorization before commencing their activities. This Directive influenced the enactment of the Banking Act 1979 and adoption of some of the restrictive measures under section 3 of the Act, these included the need for authorisation before accepting deposits from clients. The same applies in civil Jurisdictions, in Switzerland, Article 3 (1) of the Federal Act on Banks 1934 and Savings Banks of Switzerland states; Banks are required to obtain a licence from the Banking Commission prior to engaging in business operations; they may not register with the Register of Commerce before such licence has been granted. However, per Elinger,[30] entities in the United Kingdom do not require a license to engage in banking business. I disagree with this view as the Financial Services and Markets Act 2000 Lists regulated activities which constitute banking business in todays time. Entities that intend to carry out these activities must obtain permission beforehand. Permission is a license or liberty to do something synonymous to authorization[31]. It is an accepted practice in civil and common law jurisdictions for entities engaging in banking activities to obtain a licence from the relevant authority. The license is essential as it ensure banks operate in acceptable standards. Regulation protects both banker and customer interests. The protection gives depositors confidence to deposit their money for safe keeping and investments among other financial services. Regulation of banks in the UK has a come a long way and in the wake of the global financial crisis of 2007-2008.The Prudential Regulation Authority was established as part of the Bank of England through the Financial Services Act 2012 whose primary objective is promote the safety and soundness of the firms it protects.[32] The supervisory role has become a popular feature in most countries after the global financial crisis. Other countries such as the United States that are plagued with financial crisis adopted an independent supervisory approach to monitor its financial institutions. The Sarbanes-Oaxley Act 2002 was introduced in the wake of the Enron scandal. The Act introduced mandatory supervision by independent external auditors. Some scholars have argued that independent supervision is better as political factors and lobbyist cannot influence it. Others claim that the method is expensive and ineffective in third world countries.[33] Regulation and supervision is important as it creates a sense of stability and protects the banks and the depositors. The Global financial crisis of 2008 is a testament of what happens when banks overreach. Banker-Client Relationship The contractual relationship between bankers and customers is a complex one founded originally upon the customs and usages of bankers. The courts acknowledge these norms and as such they are recognized as implied conditions[34]. The relationship can arise out of implied or express conditions. Implied conditions are established through statutory and judicial instruments. Express conditions arise out of the law of contracts. As with Bank and Banking Business there is no definitive definition of the term customer. The Financial Services and Markets Act 2000[35] defines a customer in relation to an authorized person, means a person who is using, or who is or may be contemplating using, any of the services provided by the authorized person which is a bank within the meaning of the Act. The definition refers to a relationship arising out of services provided by a bank to its customer. This is a key component to its definition as it was described in the case of Commissioner of Taxation v. English, Scottish and Australian Bank Ltd.[36]A case involving the theft of a cheque payable to the Commissioner of Taxes, paid into an account with the defendants bank. Lord Dunedin[37] stated that the word customer signifies a relationship in which duration is not of the essence. A person whose money has been accepted by a bank on the footing that they undertake to honor cheques up to the amount standing is a customer of the bank irrespective of whether his connection is of short or long standing. The contract is not between a habituà © and a new comer, but between a person whom the bank performs a casual service, such as for instance, cashing a cheque for a person introduced by one of their customers, and a person who has an account of his own at the bank. The opening of an account expressly establishes a banker customer relationship. The transaction involves contractual obligations and as such governed by contract law. Like any other contract, specific conditions must be met for a contract to be valid, one of them being the willingness to enter a legally binding agreement. The question that rises is whether a banker customer relationship can be established through fraudulent means.   In the case of Marfani Co. Ltd v Midland Bank Ltd[38] the court of Appeal held that a relationship cannot arise if the account was opened by a fraudster who had no intention of getting into Banker-Customer relationship. In Stoney Stanton supplies (Coventry) Ltd v Midland Bank Ltd[39] In which a A forged the signature of B Ltds directors in order to open an account in the companys name, it was held that no banker customer-relationship existed between B Ltd and the bank[40]. Analysis of these findings from a contractual point of view shows that a relationship did not exist from the beginning, a contract is voidable if one of the parties does not intend to enter the agreement, or if it a misrepresentation occurred. In summation, the same principles that govern the validity of a contract apply to the establishment of a banker customer relationship through opening of an account. The landmark case that set the precedence in the nature of a banker customer relationship is Folley v Hill Others[41]. Where a customer opened an account, and deposited 6,117 pounds with an agreement that it would attract an annual interest. After 3 years, no interest was credited and the customer brought an action against the bank to recover all sums owed to him on the grounds that he was either a beneficiary of a trust or the banks principal. The house of Lords refuted this claim and stated that the relationship that arises out of this transaction, is one of a debtor-creditor relationship with an added obligation to repay the money upon demand, and the best course of action would be to instate debt recovery proceedings under common law. Lord Cottenham said;[42] The money paid into the bankers, is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the bankers money; he is known to deal with it as his own; he makes what profit he can, which profit he retains to himself. He went on to say that the bank had to repay to the principal, when demanded, a sum equivalent to that paid into his hands. Several important factors can be discerned from this judgement. Firstly, there is a shift of possession when money is deposited to the banker in a current account. The customer lends a certain amount of funds to the banker, that is to be refunded upon demand. The banker can then use the money in whatever means and has no obligation to account for his transactions. Secondly the nature of the relationship differs with different circumstances As Lord Brougham took this into account and stated:[43] It is a totally different thing if we are to take into consideration certain acts that are often performed by a banker, and which put him in a totally different capacity, for he may, in addition to his position of banker, make himself an agent or a trustee towards a cestui que trust. In todays banking practices the scope of the banking business has widened with time. Customers deposit valuable items for safe keeping with banks, a bailment relationship arises where the bank is a bailer and the customer is a bailee, in this situation, a banker has no authority to use the items kept in his care for his own use. This situation can be contrasted with the debtor-creditor relationship discussed above, there is fundamental difference in circumstances. Another example is with standing orders, when a customer instructs his bank to make payments to a third party, an agency relationship arises with the client as the principal and the banker as the agent. The Banker Customer relationship gives rise to fiduciary duties. Fiduciary relationships arise when a party places trust in and relies on the other because he or she is reasonably entitled to do so in the circumstances, or because the reliant party is in a position of vulnerability, subordination or information inequality.[44] This vulnerability Gives rise to the duty of Loyalty. A customer expects a bank to prioritize their interests and avoid situations that invite a conflict of interest. As the saying goes, a customer always comes first. This happened in Woods v Martins Bank Limited[45] where the bank advised one of its clients to invest in one of the banks customers facing financial difficulties. The bank may have unconscionably shifted a bad risk from itself to the customer who provided the security or guarantee[46] In Bristol v West Building Society v Mothew[47] a case that involved a solicitor who represented the building society and the borrower and failed to inform the building society that the borrower had secured a second mortgage on the property. Millet LJ defined the nature and role of a fiduciary by stating[48] A fiduciary is someone who has undertaken to act on or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. .A fiduciary must act in good faith; he must not make profit out of his trust; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This definition is concise and touches on the defining characteristics of a fiduciary relationship. A bank must exercise his activities on behalf of the customer in good faith with the clients best interest. This obligation under common law is intended to protect customers who are not cognisant with banking transactions and investments. In the absence of it, customers would be prone to manipulation. In the event of a breach of a fiduciary duty, a customer may claim a breach of duty of care. Such an implication can arise either at common law or by virtue section 13 of the Supply of Goods and services Act 1982 which states that within the ordinary course of business the supplier will carry out the service with reasonable care and skill.[49] The confidential nature of a Banker-Client relationship is a traditionally known concept. The same is seen today in caveats in correspondence between Banks and Clients. In Tournier v.National Provincial and Union Bank of England,[50]a bank manager disclosed the gambling habits of one of its clients to his employers that eventually led to the termination of his employment. The Plaintiff brought an action for breach of the duty confidentiality. The court held that the bank owes a duty of secrecy to the customer. Atkin LJ particularly said the duty of secrecy must extend to at least to all the transactions that go through the account and that duty extended beyond the period when an account was closed or ceases to be an active account. This duty however comes into conflict with the duty to disclose to the public. The banks have a duty to disclose information on accounts that are involved in illegal transactions and against public interest and peace. The three panel Judge was unanimous in this conclusion. Bankes LJ[51] said that danger to the state or duty to the public may supersede the duty of the Agent to his principal. Scrutton LJ[52] added on this by saying a bank may disclose the customers account and affairs to prevent frauds and crimes and finally Atkin LJ[53] summed it up by stating that the right to disclose exists to the extent to which it is reasonably necessary for protecting the Bank, or persons interested, or the public, against fraud of crime. Conclusion The definition of Banks and Banking practices has proved to be elusive for some time. Similarities can be made with the law with the acceptance that banking practices are as Dynamic as the laws that govern them. A definitive approach is not necessary. Bankers and legislators should refine and improve on practices in a progressive manner. Strict compliance to regulation is essential to maintain a healthy financial market and avoid scandals arising from banking malpractice. Table of Statu