Securities and Investments Commission v Citigroup Global Markets

Question: Discuss about the Securities and Investments Commission v Citigroup Global Markets. Answer: Introduction Citigroup Global Market is a financial services company operating in Australia and carries out its business in circa 100 countries. It is the defendant in the proceedings of Australian Securities and Investments Commission v Citigroup Global Markets Australia Pty Ltd (Citigroup). Citigroup Inc. participates on various businesses in Australia. For example, it participates in the Corporate and Investment Bank (CIB), which is a company known internally. In turn, CIB has many operating divisions such as the Investment Banking Division (IBD) and Equities, among many others. The IBD delivers advisory and investment banking services. Equities, on the other hand, engage in proprietary security trading (Liptak Goldstein, 2016). The issue in the ASIC v Citigroup, therefore, is how the association between a customer and the investment bank came under an equitable microscope. The bank was giving advisory services based on a planned purchasing bid to this client. However, the primary question in the case is if the letter of engagement for retaining a bank by a great public organization to talk about the takeover bid left out the presence of any fiduciary association between the bank and its customers (Black, Mills Cox, 2007). Following the issue in this proceeding, this paper begins with an overview of the ASIC v Citigroup case, outlines the breached duties, and goes on to look into some more details of the Court's decision and the reasons for it given the Corporation Act. Background of the Case On August 8, 2005, the Investment Banking Division got reserved by a subsidiary of an Australia firm known as Toll Holdings Limited (Toll) to be able to offer banking and commercial services. These services were to take place in connection with proposed takeover of another listed company known as Patrick Corporation Limited by Toll Holdings. Toll wanted to use Patrick as means through which it can use to access ports logistic market. It was a significant transaction that traded at AUD 4.5 billion. The parties that got involved were highly sophisticated. In response to these services, Toll selected two venture banks to provide it with advice in connection with the bid. One of the banks was Citigroup while the other one was the Carnegie Co Pty Limited. According to the terms of retainer execution done on 8th August, the charges for the fruitful completion of the purchase from the Citigroup IBD were likely to range between AUD 10 to 18 Million. On the other hand, Equities and IBD of the Citigroup divisions got detached by the precise data and other obstacles recognized in the commercial segment as the Chinese walls (Kennedy, 2009). Those staffs who got employed on the IBD side were working in the private department of the Chinese walls due to being routinely possessing a secret sensitive information concerning securities such as information about the intentions of Toll in connection to Patrick. Additionally, those employees who were operating in the public department of the wall were in the Equities division. The main reason for the Chinese wall was to prevent Citigroup from breaching the rules regarded as insider trading laws in Australia, by doing business with the Equities section of the Patrick shares through the IBD department. Such activity was considered as private information about Patrick. On Friday 19th August 2005, a trader in Citigroup's equities section obtained a huge part of Patrick's share. Nobody suggested that, when he purchased the shares, the buyer already had information about the proposed bid of Toll on behalf Patrick. Instead, the buyer appears to have been following how the price was moving in relation to Patricks price. The trader's response to the movements of the price reflected broad market assumption concerning the possibility of Patrick as the topic of a purchaser. When it reaches mid-day of the same day, the broker had already had a long, considerable share in Patrick. On the other hand, Patrick's value had reasonably appreciated. At 3.30pm, somebody who was guiding the broker called him aside and discussed with him shortly telling him to stop purchasing the shares of Patrick. After that discussion, the dealer went back in the dealing and put on sale some of his positions. As the events unfold, the bid that Toll had for Patrick got announced on subsequent following business day, in this case, on Monday 22 August 2005. Otherwise, under standard practice, Toll trading in Patrick shares bid got inspected by the investigation department of the Australian Security Exchange Limited, in which they witnessed the exchange on which the bid got listed (Standen Angus-Smith, 2009, p.607). The Australia Security Exchange checked whether there was a likelihood of any insider trading in Patrick by the Citigroup. After that, they forwarded the concern to ASIC for further investigation. ASIC started its investigations touching Citigroup towards the end of 2005 but completed early 2006. ASIC began the trials touching Citigroup in 2006. Duties and Responsibilities Breached Though the ASIC did not claim that Equities Trading was aware of the insider information as it was buying the shares, its stand was that; the Citigroup as Tolls advisor was in a fiduciary affiliation in one way or the other (Benard, 2007). ASIC alleged that it breached its fiduciary duty when it purchased shares in Patrick, thus contravened its responsibilities under 912A(1) provision of the Corporations Act. Moreover, Citigroup violated the rules of section 12DA of the ASIC Act together with Section 1043 of the Corporation Act. These sections prohibit false and deceiving behavior referred as Fiduciary Claim (Hanrahan, n.d.). The further allegation was that Citigroup contravened the insider trading laws that are in section 1043A of the Corporation Act. First, the Equities Trading had an assumption that alleged that Citigroup was representing Toll in the anticipated buyout of Patrick (Hastings Marjoribanks, 2012, p.544). This assumption came out due to what ET heard after Investment Bank realized the potential conflict (Citigroup Inc. 2008). On the other hand, ASIC suspected that this assumption composed of information in the definition of 'Division 3 financial products under section 1042A of the Corporative Act. It got argued that the sale of the 200,000 shares had constituted insider business by Citigroup, thus making it the first Insider Trading Claim (Hastings Marjoribanks, 2012, p.542). It was also because the ASIC realized the challenges in the second claim that Chinese Walls Citigroup had in place. ASIC allegation was that, because the senior IB staff had the knowledge about a substantial likelihood that Toll was going to launch its tender, that acquaintance was accredited to the entire Citigroup. Therefore, ASIC suspected Citigroup to have engaged in insider trading since its shares got purchased by the Citigroups Equities division, thus making the allegation to be additional Insider Trading Claim. Decision of the Court According to the Federal Court of Australia on Thursday 28 June 2007 about ASIC v. Citigroup case, was that Citigroup did not take part in insider trading and did not contravene the conflict of interest laws according to the Corporations Act (Jacobson, 2007; 'Australia Banking' 2015, p.104). It found that Citigroup did not contravene its responsibilities under s 1043A, s 1043H and s 912A(1)(aa) of the Corporations Act and s 12DA of the ASIC Act. Therefore, the Court dismisses the claims by ASIC about Citigroups breach of duties. The first Insider Trading Claim failed. This claim could only do well if the trading employee possessed the insider information and attributed his knowledge to the company. According to section 1042G(1)(a), the awareness of the staff got not associated to the enterprise unless the employee was an officer defined by section 9 of the law (Jacobson, 2007). Therefore, the Court did not come to an agreement with ASIC because the employee in question was not an officer of Citigroup (Seeto, 2008). According to the Act, an officer was a person with a senior role in management, unlike the employee in the ASIC v Citigroup case. Moreover, the Court found that the employee did not make the supposition of the takeover bid according to what ASIC claimed that Citigroup acted in place of Toll regarding Patrick's acquisition. The second Insider Trading Claim also did not succeed. According to the Courts findings, Citigroup adhered to section 1043F of the Act. It proved to the Court that it had put in place some compliance arrangements. It raised the Chinese Wall Defense in a satisfactory manner (Jacobson, 2007). It implies that the Company complied as it would be anticipated to make sure that the price sensitive data according to IB got not revealed to the Public Side employees or communicated with ET (Lumsden Bridgen, 2007, p.37). Besides, the choice to buy shares came from a person rather than the individuals who held the information and no communication of it concerning the purchase got given by IB (Seeto, 2008). The Fiduciary Claim also failed right at the beginning. This finding was so, because, the letter of engagement did not involve the existence of the fiduciary association. According to the Court, the Corporation Act did not hinder the bank from having a fiduciary duty when it started its connection with its clients (07-171 Decision, 2007; 'Australia Banking' 2015, p.62). In addition to these findings, there were also compliance implications regarding the Chinese walls, written policies and procedures for training, and the escalation procedures. In relation to the issue of the Chinese Walls, the verdict was that the arrangements to fulfill the law did not call for total perfection. Instead, it needed only the necessary steps. As a result, it came up with the following steps for an efficient Chinese wall: departments physical separation, educational programs, crossing the wall, observation from acquiescence officers, and finally the corrective sanctions. Besides, the Court found that Citigroup had its procedures in place (Citigroup Inc. 2007). For example, the company called for the IB not to spread the material information that is not meant for the public to the ET without having the right individuals to assess the informations materiality. In addition to that, Citigroup had a precise escalation policy to help IB advice the necessary people of the pot ential conflict. However, Jacobsons decision does not alter the people's recognition of the right stand of how banks that do investment provide advisory services to its customers. Nonetheless, the findings are meant to be of significance to everyone including the corporate advisers. For example, the decision allows likeness on the fiduciary obligations and how they are related to the other unbiased and entrepreneurial law requirements such as the requirement of good faith and confidence (Batten Pearson, 2013, p.520; Benard, 2007). If the Honours decision had been otherwise, the international investment banking communitys concerns that the Australian controller had distressed many entities by merging consulting businesses with those of equities trading could also get noticed ('Australia Banking' 2015, p.84). Rather, Jacobsons findings have proven that his act is not forbidden by equity, as long as the banks and the customers association with that of the company of the conglomerates business kowtows t o some particular convictions. Conclusion Therefore, the case ASIC v Citigroup is relevant to advisers and Australias commercial services regulation. When the case against Citigroup started, it appears as if ASIC did not care about protecting Toll's interests. If it wanted to protest about the copyrighted trading of Citigroup in the shares of Patrick, Toll would presumably do so on its own due to the sufficient resources. In fact, the Courts judgment shows that Toll did not have any complaint to present to Court. The CFO of Toll revealed that Toll comprehended that Citigroup would take part in copyrighted trading without opposition so long as the company did not employ Tolls private data wrongfully. Thus, it illustrates that according to the provisions of the insider trading; an adequate compliance system is relevant since it can help a company and its members from being held liable for a claim. Aside from that, the fact that Chinese Walls restrain the information from flowing between different divisions in a company, an org anization can avoid damaging its reputation and substantial fines if it complies with to the requirements of the Chinese wall. References 07-171 Decision in ASIC v Citigroup | ASIC - Australian Securities and Investments Commission. (2007). Asic.gov.au. Retrieved 6 January 2017, from https://asic.gov.au/about-asic/media-centre/find-a-media-release/2007-releases/07-171-decision-in-asic-v-citigroup/ 'AUSTRALIA BANKING' 2015, Acquisdata Industry Snapshots: Australia Banking, 3601, pp. 1-87. 'AUSTRALIA BANKING' 2016, Acquisdata Industry Snapshots: Australia Banking, 6604, pp. 1-108. Batten, R, Pearson, G 2013, 'Financial Advice In Australia: Principles To Proscription; Managing To Banning,' St. John's Law Review, 87, 2/3, pp. 511-559. Benard, M. (2007). McCabe, Bernard --- "ASIC v Citigroup and fiduciary obligations" [2007] BondCGeJl 5; (2007) Corporate Governance eJournal (Bond). [online] Austlii.edu.au. Available at: https://www.austlii.edu.au/au/journals/ElderLRev/2007/5.html [Accessed 14 Jan. 2017]. Black, A, Mills, K, Cox, B 2007, 'A big win for banks,' International Financial Law Review, 26, 9, p. 12. Citigroup Inc. (2007). Mergent's Dividend Achievers, 4(4), pp.60. Citigroup Inc. (2008). Mergent's Dividend Achievers, 5(2), pp.60. Hanrahan, P. (n.d.). ASIC v Citigroup: Investment banks, conflicts of interest, and Chinese walls. 1st ed. [ebook] unimelb.edu, pp.1 - 25. Available at: https://law.unimelb.edu.au/__data/assets/pdf_file/0008/1709837/67-Hanrahan_-_ASIC_v_Citigroup1.pdf [Accessed 14 Jan. 2017]. Hastings, L, Marjoribanks, G 2012, 'Tough on crime -- insider trading enforcement and its relevance to you,' Keeping Good Companies (14447614), 64, 9, pp. 542-544. Jacobson, J. (2007). Australian Securities and Investments Commission v Citigroup Global Markets. Australia Pty Limited (ACN 113 114 832) 2007 (pp. 1-130). Sydney. Retrieved from https://www.smh.com.au/pdf/ASICvCitigroup.pdf Kennedy, C 2009, 'ASIC holds Citigroup to account for credit products,' Money Management, 23, 46, p. 4. Liptak, A, Goldstein, M 2016, 'Supreme Court Sides With Prosecutors in an Insider Trading Case,' New York Times. Lumsden, A, Bridges, V 2007, 'Chinese Walls Lessons from the Citigroup case,' In finance, 121, 4, pp. 36-38. Seeto, G. (2008). ASIC v Citigroup - The compliance implications - Knowledge - Clayton Utz. Claytonutz.com. Retrieved 6 January 2017, from https://www.claytonutz.com/knowledge/2008/january/asic-v-citigroup-the-compliance-implications Standen, M, Angus-Smith, R 2009, 'ASX and ASIC -- the changing of the guard,' Keeping Good Companies (14447614), 61, 10, pp. 606-608.

Psyschology Study On Drinking Essays - Stress, Human Behavior

Psyschology Study on Drinking Abstract In response to the need for research that incorporates multiple aspects of theory into a testable framework, this study attempted to replicate and extend the results of Cooper, Russell, Skinner, Frone, and Mudar (1992). A modified stressor vulnerability model of stress-related drinking was tested in a homogeneous sample of 65 male and female undergraduate student drinkers. Total weekly consumption of alcohol was used as the criterion measure, whereas family history of alcoholism (Adapted SMAST: Sher & Descutner, 1986), alcohol outcome expectancies/valences (CEOA: Fromme, Stroot, & Kaplan, 1993), perceived stress (PSS: Cohen, Kamarck, & Mermelstein, 1983), and coping dispositions (COPE: Carver, Scheier, The proposed modified model postulates that expectancies play a proximal mediating role in stress-related drinking, whereas gender, family history of alcoholism, and coping all play a distal moderating role. Hierarchical multiple regression procedures were then performed to evaluate the model. The results failed to support the hypothesized model. Specifically, expectancies emerged as a distal rather than proximal predictor of stress-related drinking, and family history of alcoholism did not moderate stress-related drinking. In contrast, gender and coping styles emerged as the most powerful predictors in the model. Despite the shortcomings of the proposed model, the present results offer an alternative interpretation as to what constitutes the stressor vulnerability model of stress-related drinking. Introduction Stress as a Causal Factor in Drinking One of the common stereotypes about the effects of alcohol involves the drug's capacity to act as a stress antagonist. Conger (1956) has proposed a theory, known as the tension reduction hypothesis (TRH) of drinking, to support this notion. Essentially the theory holds that alcohol's sedative action on the central nervous system serves to reduce tension, and because tension reduction is reinforcing, people drink to escape it (Marlatt Strong evidence to support the validity of the theory comes from epidemiological findings which indicate that the prevalence of anxiety disorders in alcoholics ranges from 16 to 37%, compared to a rate of only 4-5% in the general population (Welte, 1985). Notwithstanding, there seems to be a subset of people for whom the predictions of the TRH do not hold. For instance, in a study conducted by Conway, Vickers, Ward, and Rahe (1981) it was found that the consumption of alcohol among Navy officers during periods of high job demands was actually lower than the consumption during low-demand periods. In addition, other studies (i.e., Mayfield, 1968; Mendlson, Ladou, & Soloman, 1964) have shown that some drinkers actually consider alcohol as a tension generator rather than a tension reducer. Overall, when taking into account these conflicting findings, it seems prudent to find some middle ground. The solution to this problem than is a modified version of the TRH, specifying the conditions under which stress will lead to an increase in drinking. Moderating and Mediating Factors in Stress Induced Drinking In addition to stress, several other variables have been shown to be crucial in determining an individual's drinking behavior. These variables include gender of drinker (gender), coping behavior of drinker (coping), and alcohol outcome expectancies of drinker (expectancies). In the following discussion, the importance of each of these variables to drinking will be considered first, followed by an evaluation of these as potential moderators or mediators of stress in drinking. 1 Differential Gender Drinking Behavior It has been repeatedly demonstrated that significant differences exist between the drinking patterns of men and women (Hilton, 1988). In a comprehensive survey of US drinking habits conducted by the US National Center for Health Statistics in 1988, significant gender differences were found in three areas as pointed out by Dawson and Archer (1992). The first significant difference pertained to the number of male and female current drinkers. Roughly 64% of all men were current drinkers in comparison to 41% of all women. The second and third significant differences concerned the quantity of alcohol consumed. Men were more likely to (a) consume alcohol on a daily basis and (b) be classified as heavy drinkers. Men's daily average of ethanol intake (17.5 grams per day) was almost twice as high as women's (8.9 grams per day). Even when an adjustment for body weight was made

11 Geographic Facts About the Gulf of Mexico

11 Geographic Facts About the Gulf of Mexico The Gulf of Mexico is a large ocean basin near the Southeastern United States. It is a part of the Atlantic Ocean and is bounded by Mexico to the southwest, Cuba to the southeast, and the Gulf Coast of the United States on the north, which includes the states of Florida, Alabama, Mississippi, Louisiana, and Texas (map). The Gulf of Mexico is the ninth largest body of water in the world at a width of 810 nautical miles (1,500 km). The entire basin is about 600,000 square miles (1.5 million sq km). Most of the basin consists of shallow intertidal areas, but its deepest point is called Sigsbee Deep and has an estimated depth of about 14,383 feet (4,384 m).The Gulf of Mexico itself and the regions surrounding it are highly biodiverse and feature large fishing economies. The economics of the area as well as the environment thus are sensitive to pollution.   To learn more about the Gulf of Mexico, visit the  Gulf of Mexico Program  from the U.S. Environmental Protection Agency. Gulf of Mexico Geographic Facts Here are 11 facts about the geography of the region: 1) The Gulf of Mexico likely formed as a result of seafloor subsidence (or the gradual sinking of the seafloor) about 300 million years ago. 2) The first European exploration of the Gulf of Mexico occurred in 1497 when Amerigo Vespucci sailed along Central America and entered the Atlantic Ocean through the Gulf of Mexico and the Straits of Florida (the strip of water between present-day Florida and Cuba). 3) Further exploration of the Gulf of Mexico continued throughout the 1500s, and after numerous shipwrecks in the region, settlers and explorers decided to establish a settlement along the northern Gulf Coast. They said this would protect shipping, and in the event of an emergency, rescue would be nearby. Thus, in 1559, Tristn de Luna y Arellano landed at Pensacola Bay and established a settlement.4) The Gulf of Mexico today is bordered by 1,680 miles (2,700 km) of U.S. coastline and is fed with water from 33 major rivers that flow out of the United States. The largest of these rivers is the Mississippi River. Along the south and southwest, the Gulf of Mexico is bordered by the Mexican states of Tamaulipas, Veracruz, Tabasco, Campeche,  and Yucatn. This region consists of about 1,394 miles (2,243 km) of coastline. The southeast is bordered by the northwest portion of Cuba, which includes the capital, Havana.5) An important feature of the Gulf of Mexico is the Gulf Stream, which is a warm Atlantic current that begins in the region and flows north into the Atlantic Ocean. Because it is a warm current, sea surface temperatures in the Gulf of Mexico are normally also warm, which feeds Atlantic hurricanes and helps in giving them strength. Climate change thats warming waters further is also making them larger, as in increased intensity and amount of water. Hurricanes are common along the Gulf Coast, such as Katrina in 2005, Ike in 2008, Harvey in 2016, and Michael in 2018.  6) The Gulf of Mexico features a wide continental shelf, specifically around Florida and the Yucatn Peninsula. Because this continental shelf is easily accessible, the Gulf of Mexico is exploited for oil with offshore oil drilling rigs centered in the Bay of Campeche and the western Gulf region. Eighteen percent of the countrys oil comes from offshore wells in the Gulf. There are 4,000 drilling platforms there.  Natural gas is also extracted.7) Fisheries are also extremely productive in the Gulf of Mexico, and many Gulf Coast states have economies centered on fishing in the area. In the United States, the Gulf of Mexico has four of the countrys largest fishing ports, while in Mexico the region has eight of the top 20 largest. Shrimp and oysters are among the largest fish products that come from the Gulf.8) Recreation and tourism are also a significant part of the economy of the lands surrounding the Gulf of Mexico. Recreational fishing is popular, as are water sports and tourism along the coastal regions.9) The Gulf of Mexico is a highly biodiverse area and features many coastal wetlands and mangrove forests. The wetlands along the Gulf of Mexico cover around 5 million acres (2.02 million hectares). Seabirds, fish, and reptiles are abundant, as well as bottlenose dolphins, a large population of sperm whales, and sea turtles.10) In the United States the population of the coastal regions surrounding the Gulf of Mexico is estimated to number more than 60 million people by 2025, as states such as Texas (the second most populous state) and Florida (the third most populous state) are growing quickly. 11)  The Gulf of Mexico was the site of a large  oil spill  that occurred on April 22, 2010, when an oil drilling platform, the Deepwater Horizon, suffered an explosion and sank into the Gulf about 50 miles (80 km) from Louisiana. Eleven people died in the explosion and an estimated 5,000 barrels of oil per day leaked into the Gulf of Mexico from the 18,000-foot (5,486 m) well on the platform. Cleanup crews attempted to burn the oil off of the water, gather the oil and move it, and block it from hitting the coast. Cleanup  and fines cost BP $65 billion. SourcesFausset, Richard. (April 23, 2010). Flaming Oil Rig Sinks in Gulf of Mexico. Los Angeles Times. Retrieved from: http://articles.latimes.com/2010/apr/23/nation/la-na-oil-rig-20100423Robertson, Campbell and Leslie Kaufman. (April 28, 2010). Size of Spill in Gulf of Mexico is Larger than Thought. New York Times. Retrieved from: nytimes.com/2010/04/29/us/29spill.htmlU.S. Environmental Protection Agency. (February 26, 2010). General Facts about the Gulf of Mexico: GMPO: US EPA. Retrieved from: epa.gov/gmpo/about/facts.html#resources.

Definitions and Examples of Filler Words

Definitions and Examples of Filler Words A filler word is an apparently meaningless word, phrase, or sound that marks a pause or hesitation in speech. Also known as a pause filler or hesitation form. Some of the common filler words in English are um, uh, er, ah, like, okay, right, and you know. Although filler words may have fairly minimal lexical content, notes linguist Barbara A. Fox, they can play a strategic syntactic role in an unfolding utterance (in Fillers, Pauses and Placeholders, 2010). Examples and Observations Hey, hey, shh, shh, shh. Come on. Be sensitive to the fact that other people are not comfortable talking about emotional disturbances. Um, you know, I am, Im fine with that, but . . . other people. (Owen Wilson as Dignan in Bottle Rocket, 1996) Shirleys Use of Filler Words in Community Pierce: About those filler words of yours. I mean, nobody wants to buy brownies from somebody who says um and like. I have a method for fixing that. Start from the top.Shirley: Okay. These brownies are, uh- Pierce: Uh!Shirley: They, um- Pierce: Um!Shirley: These brownies are delicious. They taste like- Pierce: Like!Shirley: Thats not a filler word.Pierce: Whatever, valley girl.(Chevy Chase and Yvette Nicole Brown in Environmental Science. Community, Nov. 19, 2009) Safire on Hesitation Forms Modern  linguists  led by Leonard Bloomfield in 1933 call these hesitation forms- the sounds of stammering (uh), stuttering (um, um), throat-clearing (ahem!), stalling (well, um, that is), interjected when the speaker is groping for words or at a loss for the next thought. You know that yknow is among the most common of these hesitation forms. Its meaning is not the imperious you understand or even the old interrogatory do you get it? It is given as, and taken to be, merely a filler phrase, intended to fill a beat in the flow of sound, not unlike like, in its new sense of, like, a filler word . . . [T]hese staples of modern filler communication- I mean, yknow, like- can also be used as tee-up words. In olden times, pointer phrases or tee-up words were get this, would you believe? and are you ready? The function of these rib-nudging phrases was- are you ready?- to make the point, to focus the listeners attention on what was to follow. . .   If the purpose is to tee up a point, we should accept yknow and its friends as a mildly annoying spoken punctuation, the articulated colon that signals focus on this. . . . If the purpose is to grab a moment to think, we should allow ourselves to wonder: Why are filler phrases needed at all? What motivates the speaker to fill the moment of silence with any sound at all? (William Safire, Watching My Language: Adventures in the Word Trade. Random House, 1997) Filler Words Across Disciplines Why do some people fill the air with non-words and sounds? For some, it is a sign of nervousness; they fear silence and experience speaker anxiety. Recent research at Columbia University suggests another reason. Columbia psychologists speculated that speakers fill pauses when searching for the next word. To investigate this idea, they counted the use of filler words used by lecturers in biology, chemistry, and mathematics, where the subject matter uses scientific definitions that limit the variety of word choices available to the speaker. They then compared the number of filler words used by teachers in English, art history, and philosophy, where the subject matter is less well-defined and more open to word choices. . .   Twenty science lecturers used an average of 1.39 uhs a minute, compared with 4.85 uhs a minute by 13 humanities teachers. Their conclusion: subject matter and breadth of vocabulary may determine the use of filler words more than habit or anxiety. . . . Whatever the reason, the cure for filler words is preparation. You reduce nervousness and pre-select the right ways to say ideas through preparation and practice. (Paul R. Timm and Sherron Bienvenu, Straight Talk: Oral Communication for Career Success. Routledge, 2011) Pausing Perhaps no profession has uttered more ums or uhs than the legal profession. Such words are a clear indication that the speakers style is halting and uncertain. Eliminate these filler words. The lack of ums and uhs alone can make you sound more confident. And its not hard to do. Just pause. Every time you feel that youre about to use a filler word, pause instead. (Joey Asher, Selling and Communication Skills for Lawyers. ALM Publishing, 2005) Syntax, Morphology, and Fillers Perhaps because English and other western European languages tend to use fillers lacking morphology and syntax (preferring instead pause vowels), linguists have tended to ignore the significance of these forms for syntax. However, . . . we can see that some fillers, especially those known as placeholders, may carry a range of morphological marking, including prototypical nominal marking (gender, case, number) and prototypical verbal marking (person, number, TAM [tense-aspect-mood]). They may also take the morphology appropriate for adjectives and adverbs. In addition, they may occupy precisely the syntactic slot normally occupied by a regular noun or verb . . .. (Barbara A. Fox, Introduction. Fillers, Pauses and Placeholders, ed. by Nino Amiridze, Boyd H. Davis, and Margaret Maclagan, John Benjamins, 2010

Humanities - Modernism in Art, Literature and Film Essay

Humanities - Modernism in Art, Literature and Film - Essay Example The essay "Humanities - Modernism in Art, Literature and Film" gives a detailed information about the art. literature and film of postmodernism era. The first half of the nineteenth century Europe witnessed a large number of wars and revolution that consequently lead to â€Å"turning away† form traditional form of aesthetics and evolved a new genre of art, culture and social activities. Modernism rejected the doctrine of the conviction in â€Å"Enlightenment Thinking† and negated the existence of an empathetic and omnipotent creator. But these essentially doesn’t mean that the movement of modernism negated the existence for all kinds of religion and existence of god, nor do they rejected every kind of â€Å"Enlightened Thought†, to be more precise rather, modernism was a movement that challenged and questioned the maxims of the previous age. Modernism, therefore, marks a very distinguishing difference with the Victorian bourgeois morality and a complete de viation from the nineteenth century optimism. It profoundly displayed pessimistic scenario of a culture in disorder. Modernism, as a movement and as an aesthetic form, is subjected to myriads of criticism. Charles Baudelaire is treated as one of the major poets of the modernist movement and a staunch follower and patron of modern art and literature. Baudelaire was the first author of the symbolist tradition. In his ‘To the Bourgeois and The Heroism of Modern Life, from Salons of 1845 and 1846’, Baudelaire wrote, â€Å"It is true that the great tradition has been lost..."

Capital Punishment in the USA Essay Example | Topics and Well Written Essays - 1250 words

Capital Punishment in the USA - Essay Example The main argument against capital punishment states that capital punishment disregards the value of human life2. Human value is viewed as being highly valuable and should not be taken away under any circumstances, legal or otherwise. It is believed that not even the worst form of crime should deprive one his life. Those against capital punishment believe that the value of the criminal’s life should not be destroyed by their crime even if they killed someone. They argue that a substitute of this form of punishment can be through life imprisonment which gives the offender a chance to turn over a new leaf and lead a better life. In summary, human life is valuable and no authority should take it a away and no crime warrants for capital punishment. Capital punishment violates the due process of law in several ways. First, the imposition is arbitrary and irrevocable. This denies the offender the opportunity to benefit from reversal of a conviction or discovery of any new evidence wh ich might reverses the verdict. Additionally, the death penalty violates the Constitution's provision of equal protection of its citizens3. It was observed to be imposed randomly and with biases based on one’s skin color, social status and ethnicity. This shows that the death penalty does not conform to the due process of the law. The death penalty violatebiasesst important universal human right which is the right to live. This right should be respected at all times regardless of the form of crime that an individual has committed. This argument is similar to the one concerning the value of human life. This argument supports the point that a victim could kill their attacker in the process of a murderous attack. In such a case, the victim can be argued to have committed murder in self defense. In conclusion, killing does not correct the act committed by the offender, instead their natural worthiness is taken away. Moreover, it does not bring any form of retributive justice in s ociety. Capital punishment results to the wastage of limited resources that could have been directed to other meaningful activities in fighting crime3. In addition to, it is time consuming and wasted the energy of prosecutors, defense counsel, prosecuting attorneys and the legal enforcement personnel. It burdens the criminal justice system and has negative effects of societal values and morals. It goes ahead to prove that killing is right which is not true. There are higher chances of execution of the innocent as offenders may get killed due to the loopholes in the justice system. Jurors and prosecutors make mistakes and in the event an offender is innocent, they are killed for a crime that they did not commit which is highly regrettable. This together with the mistakes in the legal system can lead to death of innocent people where capital punishment is practicable3 . There is ample evidence for such situations leading to the conclusion that capital punishment should be abolished to avoid the loss of innocent lives.  

Role of the Nurse Leader in Evaluating Data Essay Example for Free

Role of the Nurse Leader in Evaluating Data Essay Role of the Nurse Leader in Evaluating Data to Improve Quality and Safety Recent nursing literature indicates it is critical that nurse leaders construct a culture of safety to develop and maintain a successful fall prevention program (Johnson et al., 2011). Data exists readily in healthcare systems that nursing leaders may use to understand nursing performance and improve patient outcomes (Diers, Hendrickson, Rimar, Donovan, 2013). The purpose of this paper is to discuss the importance of nursing leadership’s use of data to improve patient quality and safety. Data Overview Data provided in the NURS 4020 course [lecture notes] (â€Å"Evaluating Data†, n.d.) and the Patient Fall Data (Excel, n.d.) document indicate patient fall rates have increased over the last four months to an unacceptable level on a telemetry unit (Laureate Education, Inc., n.d.). Patient population data indicates the majority (68%) of patients is arewomen, all have a cardiac diagnosis, and the average age is 72.4 years. The majority of patients receive diuretic therapy (94%), and 12% have a secondary diagnosis of disorientation or confusion. Additionally, one full-time employee has been removed from the night shift (11p-7a) to the evening shift (3p-11p). â€Å"Data hold the key to risk reduction – to understanding not only what happened but why – and point the way toward solutions† (Siegal Ruoff, 2015, p. 25). Analyzing the data in the patient fall data set (Excel, n.d.) reveals that 59% of falls occur over a weekend, and 62% of falls occur between 3a-11 a. Staffing on weekends and especially between 3a-11a may not be appropriate to manage tasks and safeguard patients from falls. (Williams, Szekendi, Thomas, 2013). A high number of falls occur two hours after mealtime. Assessing patient needs every one or two hours has been reported helpful to prevent patient falls (Williams, Szekendi, Thomas, 2013). The average age of patients on the telemetry unit is 72.4 years of age (â€Å"Evaluating Data†, n.d.). Twelve percent of patients have secondary  diagnoses of confusion or disorientation. William et al., (2013) state patients exhibiting confusion and disorientation have an increased risk of falls. The National Guideline Clearinghouse (National Guideline Clearinghouse, Prevention of falls, 2012) recommends assessment of all adults over age 65 upon admission for dementia and delirium. Patients with delirium and dementia are at a much higher risk of falls. Why? How do the cardiac medications influence the fall rate? What about the l ayout of the unit? Quality Improvement Plan The DMAIC method of Six Sigma is a process improvement method whereby nurse leaders develop quantitative data to implement a quality management program. The first step in the DMAIC process is to identify what measure will indicate success (Sullivan, 2013). A baseline measurement must include what fall prevention strategies are in place presently. An assessment of staff knowledge of fall prevention strategies is necessary to determine deficits. In the example provided, 47 patient falls have occurred in 4 months. An appropriate goal is patient falls are reduced by 50% in the next quarter or four months. The second step in the DAMIC process is to provide a baseline of performance. The patient fall data set (Excel, n.d.), provides this baseline data. Accurate data must be utilized to create a successful quality improvement plan (Siegal Ruoff, 2015). The next three steps consist of analyzing the data set to determine appropriate interventions, improving performance through interventions, and last control and sustain improvements (Sullivan, 2013). Implementation of an evidence-based plan to improve patient falls include asking the right questions, acquiring and appraising evidence, and applying evidence to practice. Refinement of a quality improvement plan includes adjusting processes as needed (Seidel Newhouse, 2012). Rogers change model is appropriate for implementing change in a fall prevention program. Sullivan (2013) states the first step is assessing knowledge related to fall risk and prevention. Secondly, persuasion is utilized to convince staff of a need for fall prevention focus and prevention program. Senior leadership must support the fall prevention initiative for success and sustainability of quality improvement projects (Sullivan, 2013). The third step in Roger’s change model is decision-making. Decisions must be made regarding how implementation will  occur. Implementation and confirmation follow. National Guideline Clearinghouse (2012) suggests successful fall prevention programs are supported by organizational leadership and include interdisciplinary team members to oversee the program. Reliable risk assessments, as well as communication of the assessment and plan, are imperative to the success of a fall prevention program. Clinical staff and interdisciplinary team members must receive fall prevention education. Patients, family members, and non-clinical staff must also receive fall prevention education. Organizational leadership must foster a culture of safety that includes on-going analysis of fall rates and injuries sustained, as well as effectiveness of fall prevention measures (National Guideline Clearinghouse, Prevention of falls, 2012). Leadership Characteristics Shared leadership is a leadership style that incorporates principles of participative and transformational leadership to empower staff to make changes in health care (Sullivan, 2013). Complex problem resolution require solutions that more than one individual may be capable of providing. Including a panel of experts or a team approach to problem resolution may be most beneficial in implementing a fall prevention program. Nurse Managers must encourage and create a culture of safety and quality. Providing open discussion and brainstorming sessions to uncover how, when and why patient falls occur will assist in formulating a fall prevention plan.Very good plan This type of open communication also encourages a â€Å"just culture.† Sullivan (2013) explains a â€Å"just cultures† allow reporting of errors in an environment where staff does not fear retribution for reporting errors or near misses (Sullivan, 2013). Summary Nurses have an ethical responsibility to protect patients from harm (Fowler, 2008). Patient falls remain one of the most frequently occurring safety incidents in hospitals (Johnson et al., 2011). Nurse leaders must identify problems in safety and quality through data collection, communication with staff and multidisciplinary departments. Numerous evidence-based strategies are available to improve nursing practice and patient safety. Creating a culture of safety culture is accomplished through shared leadership. Utilizing quality improvement processes and change management strategies  discussed in this paper will provide greatest success and sustainability of change necessary to protect patients from harm. References Diers, D., Hendrickson, K., Rimar, J., Donovan, D. (2013). Understanding nursing units with data and theory. Nursing Economics, 31(3), 110-117. Fowler, M. D., American Nurses Association. (2008). Guide to the code of ethics for nurses: Interpretation and application. Silver Spring, MD: American Nurses Association. Johnson, J. E., Veneziano, T., Green, J., Howarth, E., Malast, T., Mastro, K., Smith, A. (2011, December). Breaking the fall. The Journal of Nursing Administration, 41, 538-545. Laureate Education, Inc. Patient Falls Data (Excel). (n.d.) Retrieved from https://class.waldenu.edu National Guideline Clearinghouse, Prevention of falls (acute care). (2012). http://www.guideline.gov Seidel, K. L., Newhouse, R. P. (2012, June). The intersection of evidence-based practice with 5 quality improvement methodologies. Journal of Nursing Administration, 42(6), 299-304. Siegal, B., Ruoff, G. (2015). Data as a catalyst for change: Stories from the frontlines. JOURNAL OF HEALTHCARE RIS K MANAGEMENT, VOLUME 34(3), 18-25. Sullivan, E. J. (2013). Effective leadership and management in nursing (8th ed. ed.). Upper Saddle River: Pearson Prentice Hall. Williams, T., Szekendi, M., Thomas, S. (2013). An analysis of patient falls and fall prevention programs across academic medical centers. Journal of Nursing Care Quality, 29(1), 19-29. Grading Rubric NURS 4020 Week 5 Application Criteria/Points Comments/Points Earned Introduction to overview of paper. The last sentence in this paragraph is a sentence that begins The purpose of this paper is to . . .† 20 points Well-written, the reader knows what to expect 20 Data over view describe some possible interpretations of the data related to the patient fall rate on the telemetry unit. Summarize the statistics and demographics of your patients. 20 points The data analysis and  interpretation is accurate. The importance of the medication and the environment needed to be included in the analysis – 19 points Quality improvement plan discuss the quality management process you would follow to improve patient fall rates on the unit. Also, discuss the change management strategies you would incorporate in your quality improvement plan. 20 points DMAIC and Rogers change theory were accurately explained and applied to the scenario. Including the national clinical practice guideline recommendations was very effective in supporting the analysis. 20 Leadership characteristics explain the leadership characteristics needed to assist in improving the patient fall rates. 20 points These are explained very well 20 points Summary end the paper with a 1-paragraph summary of the importance of a solution to the identified practice-based problem that is based on evidence and a 1-paragraph summary of the main points of the paper. 20 points The key points discussed in the paper are included in the summary 20 points Grammar and format (indicate if any points are taken off for these errors. Up to 40 points may be deducted if needed). A minimum of three references are required. No issues – the paper is well-written and the required areas are included. Please see my comments. Total points possible – 100