The Nhs In England Health And Social Care Essay

The Nhs In England Health And Social Care Essay National Health Service had been created in 1948 and for the last decades it has been facing numerous reforms and structural changes in attempt to raise its effectiveness and competitiveness and to reduce costs. This report focuses on STEP analysis of major external factors and trends that might influence future activity of NHS and shape its structure. Findings of the report are: Social: Population of England has increased by 7% in last 4 decades and with average age of 38.8 years (from 34.1 years in 1971)  [1]  . Overweight/obesity, ethnic differences in health care approach and high treatment costs for immigrants present main social challenges for the NHS. Citizen participation, social inclusion and partnership programs are seen as possible answer to these challenges. Technological: Coalitional government ended National Programme for IT in England and is preparing new Information Revolution. Recent reforms that include abolition of primary-care trusts and establishment of GP commission require new IT solutions. Increasing community and home based health care are based on efficient telehealth and telecare services and require further development of IT technologies. Additional investment in research and development of IT technologies is necessary in order to cope with development of modern health care services. Economical: NHS will receive significantly lower annual budget increase, compared to previous years and it is expected to present  £20bn (GBP) in savings by 2013-14. With the abolition of PCT budget of roughly  £80bn (GBP) will be transferred to management by GP commission. Political: Coalitional government presented new reforms that focus on implementing administrative and structural changes in NHS. Emphasis of the reforms is on giving more power and choice to the consumers, decentralising management and significantly reducing administrative costs. Introduction This management report is a STEP analysis of the NHS in England. The report sets out the key issues within each STEP for the organisation and can be used as the basis for further analysis. A conclusion identifies the key issues arising from the STEP analysis for the NHS in England and also sets out the strengths and weaknesses of the STEP approach and the challenges encountered when undertaking the analysis. STEP 1: Social The majority of the population in England and Wales use the services of the NHS (about 8% of the population use private health care). The NHS needs to be aware of demographics changes as this will have a significant impact on demand for NHS services as a whole and on demand for particular products and services. The key social issues that the NHS in England needs to consider are: Population growth rate and age profile Health of the general population Issues related to ethnicity Issues related to immigration Governance patterns, social inclusion and partnerships building. Population growth rate and age profile The UK population reached 59.8 million in 2004; its highest ever level. It has increased in size by 7 per cent in the three decades since 1971, when the figure was 55.9 million. But this population growth has not occurred at all ages. In fact, some age groups have shrunk and so have become a smaller proportion of the whole population.   The ageing of the population will affect the types of services required and the way in which they are provided. Population health About 46% of men in England and 32% of women are overweight (a body mass index of 25-30 kg/m2), and an additional 17% of men and 21% of women are obese (a body mass index of more than 30 kg/m2 ). Overweight and obesity increase with age. About 28% of men and 27% of women aged 16-24 are overweight or obese but 76% of men and 68% of women aged 55-64 are overweight or obese. Overweight and obesity are increasing. The percentage of adults who are obese has roughly doubled since the mid-1980s. The effect of these trends is increasing requirements for different types of equipment (eg. stronger beds). Ethnicity Pakistani and Bangladeshi men and women in England and Wales reported the highest rates of not good health in 2001. Pakistanis had age-standardised rates of not good health of 13 per cent (men) and 17 per cent (women). The age-standardised rates for Bangladeshis were 14 per cent (men) and 15 per cent (women). These rates, which take account of the difference in age structures between the ethnic groups, were around twice that of their White British counterparts. Chinese men and women were the least likely to report their health as not good. Women were more likely than men to rate their health as not good across all groups, apart from the White Irish and those from Other ethnic groups. Reporting poor health has been shown to be strongly associated with use of health services and mortality. White Irish and Pakistani women in England had higher GP contact rates than women in the general population. Bangladeshi men were three times as likely to visit their GP than men in the general popul ation after standardising for age. Immigration Since 2004, a record 1.8 million foreign workers have come to Britain, including an estimated 700,000 from Eastern Europe. And yes there have been problems. Migrants have put pressure on the NHS by using casualty departments as GP surgeries. TB rates are also up and the cost of translators in hospitals to deal with foreign patients can be crippling for health authorities. Governance patterns, social inclusion and partnerships building Citizens participation becomes more and more important to fill the gaps of governments failure. Many initiatives related to public health issues, for example reducing the incidence of drug misuse, can never be achieved without involving citizens. The UK is a pioneer in deliberative democracy, which is an ideal vehicle for the promotion of health based voluntary / statutory sector partnerships. STEP 2: Technological The increasing efficiency and effectiveness of the NHS in England is dependent upon the appropriate use of technology, and affects both the acute and primary care sectors. The key technological issues currently facing the NHS in England are: The IT impact of the abolition of Primary Care Trusts (PCTs) and the move to GP Commissioning How to address the results of the UK Governments changing national health IT policy Continuing the development of teleheath and telecare to shift the balance of care from the acute to the community sector In general, continuing to fund and integrate technological developments in service provision that offer improvements in economy, effectiveness and efficiency. The abolition of Primary Care Trusts The abolition of PCTs and the move to GP Commissioning means there is a need to ensure effective IT structures are in place to support the move. PCTs will need support to ensure the data they hold is dealt with appropriately be it destruction or move to other organisations. There may be a need to consider national guidance. GPs and service providers will also need support to ensure their IT systems are able to communicate with each other effectively and have the capacity to deal with increased records. There may be a need to consider national guidance. National health IT policy The new coalition government ended the National Programme for IT in England and has just finished consultation on its new Information Revolution.  [2]  3The previous programme aimed at providing a number of national IT services, such as Choose and Book (the national electronic referral system); PACS (central picture archiving service for eg x-rays); and the national electronic subscriptions service. Some of these programmes were completed under the previous government, however, many are still in development. The coalition government has expressed their desire for local IT solutions, however, many of the programmes are tied to national contracts with the private sector. The NHS in England needs to examine the cost of termination (and the costs of providing alternative local solutions) vs continuing with the existing contracts, contrary to government policy. There is a need for further clarification from the government and continued engagements from the NHS with the coalition. The development of telehealth and telecare Moving care into the community and supporting people to live in their own homes for longer requires increasing use of telehealth and telecare technology. There are numerous benefits for the NHS in England and its users, for example those in rural communities able to access consultant appointments via computer rather than travelling large distances, and more people living longer in their own homes. These developments need continuing support from the centre if health bodies are to continue to develop these. Central funding may also be required to continue research into this area and technological development. Continuing technological developments The NHS in England needs to continue promoting the benefits of new technologies to health bodies and providing support (small scale funding, guidance) to help trusts implement these. The 2009 NHS IMT Investment Survey indicated that capital investment at local level has remained static over the past 5 years, it is only the injection of central funding that has led to increases in this area. Emphasis needs placed on health trusts to continue to fund developments.  [4]   STEP 3: Economic The key economic issues facing the NHS are: The outlook for public sector finances The effect of GP commissioning The impact of staff pay and conditions (cost of labour) The cost of capital/diminishing capital resource and investment Public sector finances As a result of the coalition governments desire to address the effects of the global economic crisis and its attempt to quickly reduce the budget deficit, resources available from central government are projected to increase less quickly than in recent years. The rise for 2011 of just 0.1% represents a significant decrease in funding compared to increases in recent years. This is further compounded by cuts in the levels of cash received by hospitals for treating patients. Commentators suggest that the effect of the cuts will require the identification of  £20bn (GBP) in savings by 2013-14. The NHS in England needs to quickly identify how it will continue to provide care with reduced levels of funding. This may include actions such as reducing staffing levels and increasing out-sourcing of services. Effect of GP Commissioning The abolition of Primary Care Trusts and the move to GP commissioning brings both opportunities and risks associated with the handover of almost  £80bn (GBP) from central to local control. While previous experience would suggest that GP commissioning improves efficient use of resources (efficiency fell by 1.6% after the abolition of internal markets in 1997) (see reference 1) it is possible that individual hospitals, patients and the GPs themselves may lose out. GPs may spend more time involved in administrative tasks and less time with patients; patients may be affected by the level of engagement with commissioning on the part of their GP and some hospitals will fare better than others under the revised arrangements. Retaining control of NHS spending is a significant challenge when accountability for the use of public funds essentially lies in the hands of private contractors. Effective financial controls will be necessary to ensure demand management is not simply left on the shel f and that resources are used both effectively and efficiently. Pay and conditions Staff costs as a proportion of total costs are high within the NHS. The effects of minimum wage and, more recently, the implementation of the European Working Time Directive continue to drive costs up, even as staffing levels remain static or fall. Efforts to ensure trusts comply with the Working Time Directive have backfired by ensuring staff record hours worked more accurately leading to increased overtime payments and identification of additional need. In addition, the effect of cuts in staffing both through voluntary and compulsory redundancies will place additional (albeit relatively short-term) pressure on finances in the form of pay-offs and pensions. Capital assets and investments Many PCTs acknowledge that the current period imposes reductions in capital investment. Short term savings accrued by delaying investment may lead to increased costs in the future. In addition, numerous trusts have sold off capital assets to remain competitive in recent years, thereby reducing asset value now and for the future. The use of PFI/PPP/DBO may offer short-term benefits (by reducing direct capital expenditure) but risks remain with regard to the long-term commitment and associated cost of such contracts. STEP 4: Political The change in government from Labour to Conservative/Liberal Democrat in 2010 resulted in a significant shift in political attitudes towards the NHS in England. The drive to reduce centralised control and increase local responsibility has resulted in a number of key policy initiatives. Coalition programme The coalition programme for healthcare included the following subjects:  [5]   Greater financial autonomy for local bodies Involvement of GPs in tackling health care problems Improved access to preventive healthcare for disadvantaged areas Reduction of long-term costs. The specific programme for the NHS included the following:  [6]   Real term budget increase for next 5 years. Reduction of quasi-non-government-organizations (quangos). Cut administrative costs by 30% and use these resources to support doctors and nurses. Discontinue closure of AE units and of maternity wards. Restructure health system giving more power and freedom of choice to patients and transferring commissioning powers from PCTs to GPs. Development of monitoring system to oversee aspects of access, competition and price-setting in NHS. Establishment external and independent board to allocate resources and provide commissioning guidelines. Introduction of rating system for health care providers that will allow patients contributions and will be accessible online. Reform NICE into value-based pricing, to allow broader access to drugs and treatments for those who need them. Introduction of per-patient funding for hospices and providers of palliative care, and allocation of additional 10 million pounds a year from the budget to support these childrens hospices. Improvement of service quality through involvement of independent and voluntary providers and through giving patients ability to choose provider that suits them most. Reforms Andrew Lansley, the health secretary, introduced plans for NHS reform in August 2010 (White Paper of announced reforms is available here). The main topics were:  [7]  8 Delivering commissioning power to purchase health care for the patients to GPs who are to join consortia by 2013. Abolishment of 10 strategic health authorities and of approximately 150 primary-care trusts and transfer some of their services to external non-for-profit outfits. NHS hospitals are to become foundation trusts and to enjoy greater autonomy in revenues and funding. Patients will be available to choose GPs regardless to their geographical areas, to make shared decisions on their health treatments and to enjoy published data on hospitals and doctors (results, waiting times, rates, etc.). NHS funding will increase in real terms for the following 5 years but it will have to do more for its money: reduction of managerial costs by 45%; efficiency savings of 20 billion pounds, which are to be reinvested to support quality and outcomes. Establishment of an independent NHS Commissioning Board, which will allocate and account for NHS resources and will audit on implementation of quality improvement and patient involvement and choice. Conclusion The NHS in England is currently facing a period of change that will affect all aspects of its operation. Delivering the required political reforms within the constraints of the current financial climate will be challenging. Coupling this with increasing demand for services caused by an ageing population and the associated technological developments that need to be put in place for this to be managed means the NHS in England must be clear on its purpose, its direction and its strategy for achieving these. Recommendations Re-examine the purpose, direction and over-arching strategy of the NHS in England to ensure they remain fit-for-purpose Develop appropriate national strategies for each element of the organisation (eg IMT) to ensure there is clarity about what is required of trusts. Emphasise citizen involvement and partnership programs. Develop appropriate IT and technological infrastructures to support new reforms. Strengths and weaknesses of the STEP approach STEP analysis has strengths and weaknesses. The key issues identified by the group are: Strengths The analysis can help focus an organisation on the key factors in each environment ensuring they think about each step. It is quite a simple process that allows consideration of many variables. It enables the organisation/unit to look outwith their immediate environment to consider important external factors The approach can be linked with other models (typically SWOT) to increase its usefulness It encourages strategic thinking and planning and allows the organisation to anticipate future issues. Weaknesses Assessing the importance of issues can be challenging if appropriate and robust data is not available. Accessing useful data can be time consuming and therefore has a cost attached. The use of the four steps can mean a pigeon-holing of some issues that span across other themes (such as the impact of government policy) It is a task perhaps best done with a group in person rather than in isolation so that ideas can immediately be discussed/challenged and priorities for the issues included are agreed by consensus Considering the factors in isolation makes it difficult to identify linkages between the various elements It may be useful to keep the focus of the analysis specific as then the outputs may be more useful rather than general statements Forecasting leads to multiple possible futures; there is a danger of assuming hypotheses are truth The exercise needs to be repeated to remain useful to account for pace of change/changing realities. Challenges encountered by the group in conducting the analysis The group encountered the following challenges: considering the factors in isolation made it difficult to identify linkages between the various elements. It may have been useful to circulate our lists in advance to encourage cross-fertilisation and consistency across the 4 factors (Delphi approach) undertaking an analysis of an institution with which some members of the group had little familiarity led to increasing reliance on assumptions we ended up with quite a broad target topic, if we had narrowed our focus the results may have been more useful accessing relevant data was difficult in some areas and hence time-consuming. References for STEP: http://rapidbi.com/management/created/the-PESTLE-analysis-tool/ http://www.healthknowledge.org.uk/public-health-textbook/organisation-management/5b-understanding-ofs/assessing-impact-external-influences http://www.nhsemployers.org/EmploymentPolicyAndPractice/EqualityAndDiversity/e-d-in-practice/get-to/IdentifyingTheObjectivesAndOutcomes/Pages/PEST_Analysis.aspx http://www.herefordhospital.nhs.uk/Portals/0/MembersArea/IBP/Appendix%20X%20-%20PEST%20and%20SWOT.pdf http://newsfan.typepad.co.uk/pestle/2009/03/pestle-summary-united-kingdom.html http://www.coursework4you.co.uk/essays-and-dissertations/pest-analysis.php http://www.statistics.gov.uk/downloads/theme_compendia/fom2005/04_FOPM_AgeStructure.pdf http://www.annecollins.com/obesity/uk-obesity-statistics.htm http://www.medwaypct.nhs.uk/explore-nhs-medway/news/media-releases/proposed-changes-to-workforce-and-education-in-the-nhs-making-our-views-count/ Does the British media hate the NHS? http://www.guardian.co.uk/society/2001/jun/14/NHS.conferences http://www.mirror.co.uk/news/top-stories/2007/10/18/immigration-the-true-cost-to-britain-115875-19969602/

Analysis of “The piano” by D.H. Lawrence Essay

The speaker in â€Å"Piano† by D. H. Lawrence is proud to be a full grown man, yet he loves remembering his happy childhood; his nostalgic attitude causes him to feel guilty as if he had betrayed his present state of being. Through effective imagery, Lawrence is able (to describe an image) to help the reader understand the speaker’s nostalgic attitude. The diction and tone used in this poem reveal the speaker’s struggle as his feelings mix between his desire to be a man and his desire to return to his childhood. The syntax and structure of the poem keep the reader in tune with the flow of the poem. In this poem a man struggles to remain a man while fighting off his memories of the past, which he feels would be uncharacteristic of his present maturity. The imagery in this poem helps to describe a picture in the reader’s mind so that the reader can sympathize with the speaker during his journeys into the past. In the first stanza, in the first line, the first image is of a woman. In the fourth line the reader learns that this woman is the speaker’s mother. The third line shows an image of a â€Å"child sitting under the piano . . . pressing the small, poised feet of a mother who smiles.† This image gives the reader an image, perhaps of a parlor room, of a child about three or four years of age enjoying the music produced by his mother. The love of the mother shines through her smile as she reciprocates to the child’s gentle touch. Later, in the second stanza, the contrasting image of a cold, snowy night in the winter and the cozy parlor causes the â€Å"hymns† to seem doubly warm. This represents the traditional image of a grand family sitting around a warm, crackling fire; they sing carols together and just enjoy each other’s company. The piano in the first and second stanza is described as â€Å"tingling strings† and â€Å"tinkling piano† respectively. These light sounds help support the warm cheery atmosphere during that time. These memories are what cause the grown man to be nostalgic for his past. The diction and tone of the poem also show the author’s mixed feelings in the poem. The poem begins with the line, â€Å"softly in the dusk† to open the poem with a light, airy image. â€Å"Vista of years,† are words used to show his  nostalgia as he walks down memory lane. He remembers the â€Å"boom† of the piano, which would seem loud to a child who is four-years-old. In the second stanza, he is a little more negative about his memories. The song he is listening to â€Å"betrays me back.† He feels that these memories should not be felt with such emotion because they cause him to â€Å"weep† as he reluctantly returns to his past. The last line of the poem is also negative as the speaker breaks down and goes â€Å"down the flood of remembrance.† He again flows down the flood reluctantly into the past. The tone is quite the same, supporting the diction that the author remembers a happy past, but is reluctant in continuing to do so. H e is happy to remember his past, but he feels his â€Å"manhood is cast down.† This poem’s structure and rhyme help bring an organization to the way the speaker shares his mixed feelings. The lines are coupled so that every two lines rhyme. The poem is structured so that in each of the three stanza the author describes an image of the present in the first two lines, and then the last two lines are spent describing his comfortable past. The second line of each stanza speaks of the vehicle that sends him back to the past while the third line of each stanza shows his increasing distress. In the first stanza it’s the singing woman that takes him â€Å"down the vista of years.† Next, the song takes him to â€Å"the old Sunday evenings at home.† Finally, the â€Å"great black piano† reminds him of the past. The continuing conflict of the speaker’s emotions is described as he enjoys his memories, yet he despises his continuing nostalgia.

Confucius Lives Next Door Essay - 1038 Words

Confucius Lives Next Door The term â€Å"Confucianism† is often regarded as a complex mechanism of social, political, moral as well as religious beliefs that have considerable influence especially upon the civilizations belonging to the East Asian countries such as China, Hong Kong, Taiwan, North Korea, South Korea along with Singapore and Vietnam. With reference to the observation made by Reid (1999), it can be viewed that a clear depiction about different principles and beliefs exists within the sphere of â€Å"Confucianism†. Therefore, the major purpose of this report is to briefly review of T. R. Reid’s book â€Å"Confucius Lives Next Door: What Leaving In The East Teaches Us About Living In the West† through concisely unfolding the experience of†¦show more content†¦According to Reid, a few of the major â€Å"Confucianism† ethos and practices involve ‘Ren’, ‘yi’ and ‘li’ which represents the conce pt of ‘altruism’ along with clear depiction of the humanness for other individuals (Reid 29-66). THE INFLUENCE OF CONFUCIANISM IN THE JAPANESE CULTURE In relation to the observation made by Reid, the concept of â€Å"Confucianism† is often observed as one of the major Chinese religions alongside Taoism as well as Buddhism. The religion has been emerged in the Japanese culture during the period of 285 AD. A few of the major principles of this religion such as humanity, morality, trustworthiness along with the consideration of developing an individual have been widely witnessed to provide significant influence within the Japanese culture (Reid 67-90). The principles and beliefs within the facet of â€Å"Confucianism† had played an imperative part particularly for Japan which eventually strengthened its political philosophies as well as ethical code of conducts by a considerable level. In relation to the political phenomenon, the notion of â€Å"Confucianism† had played an essential role for the Japanese culture in terms of developing morality along with increa sing individual potentials of achieving their desired goals and objectives. Moreover, the religion had also been widely observed to create significant loyalty among the Japanese communities through increasing the amount ofShow MoreRelatedThe Book Confucius Lives Next Door 853 Words   |  4 Pages The book â€Å"Confucius Lives Next Door† is a remarkable read for everyone but, in particular I felt it to be one for my generation I believe this book should speak to us on an academic and a moral level. 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Audie Murphy to Hell and Back Book Report Essay - 1591 Words

OC Person, Darius J. 3 June 2012 Audie Murphy: To Hell and Back Book Report Lt. Audie L. Murphy’s name stands as one of the most prominent in American military history. He was a figurehead of leadership and the epitome of the seven Army Values (Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage). He was a model for every soldier to follow, one that overcame every odd that was ever against him and rose to conquer every challenge. In his personal memoir â€Å"To Hell and Back†, he expressed a very personal view of what it takes to embody these characteristics which would eventually encourage anyone who reads it. In the next few paragraphs I will expound on his leadership and analyze what it really takes†¦show more content†¦Born Audie Leon Murphy to Emmet Berry Murphy and Josie Bell in the summer of June 20, 1924, Lt. Murphy was the sixth of twelve children and the oldest son. His father abandoned them in 1936, leaving Lt. Murphy the responsibility of dropping out of school in the 5th grade to provide for his family, doing odd jobs. From the days of his youth he was being molded into a leader, having to lead a family by providing food and income from this day on. Wanting to make a difference and provide for his family and being inspired by his veteran uncle he decided to enlist into the military. Of course he was met with opposition, being only 5’5† and 110 lbs with a â€Å"baby face† he had already been turned down by the Marines, the Navy and the Army Paratroopers. But this resilient, persistent young leader with a â€Å"never quit mentality† would not take no for an answer. In June of 1942 on his 17th birthday, he handed in a document signed by his older sister stating that he was old enough to enlist into the Army. In this back-story there is a foundation to leadership that I think most people would miss, he had a purpose. Throughout this book you can hear an endearing love for his mother, who died in 1941, which I believe would motivate him to fight day i n and day out. Several characters are introduced throughout this memoir, some were very close friends others he did not care too much for, but he fought for all of them the same; as soldiers. Having performed his duty inShow MoreRelatedSynthesis Essay : Air Force Senior Noncommissioned Officer Academy2020 Words   |  9 Pages Synthesis Essay – Audie L. Murphy MSgt John C. Latham Air Force Senior Noncommissioned Officer Academy September 9, 2015 Instructor: StFw Rainer Lichtsinn Audie Murphy â€Å"August, 1944. Beach landing south of France. Suddenly the day is ripped apart by the sound of machine gun fire; you and your men are pinned down with no help en route. As you rush forward, sliding in amongst your men, you see the fear in their eyes. If ever there was a now or never moment

Sexual Assault And Sexual Harassment - 1322 Words

Women in combat is a sensitive topic throughout the Armed Forces. Although in January 2013 the Military made the decision to end the ban on women in combat, many still oppose this decision. Many Combat jobs have very strict requirements, such as physical abilities. There are many concerns of women being able to fulfill these types of requirements. Another big concern is the risk of sexual assault and sexual harassment, many people feel that women in combat jobs are at a higher risk of being subjected to these types of things. The safety of our soldiers whether male or female is a big concern for everybody, no matter their position on this particular topic. Women are thought to be sensitive creatures, the worry of their sensitive nature in a combat zone might hinder the mission. Completing the mission is and will always be a major requirement. If a question of mental and physical ability can be proven to complete the job requirements, should this still be an issue? The possibiliti es of sexual harassment and assault are very serious. Unfortunately, this is an issue whether in the military or not. Sexual crimes happening in college are a serious issue, as a society we cannot tell women not to go to college because there is a greater possibility of being sexually assaulted or harassed. If a person has all credentials, and qualifications to perform a job, they should be allowed to regardless of gender, and safety concerns should enforce preventive measures so that allShow MoreRelatedSexual Assault And Sexual Harassment1251 Words   |  6 Pagesand left, trained to stay there regardless of what may happen. A special bond develops when leaders live their lives following the fundamentals of leadership.†-- SMA Glen E. Morrell Today, sexual assault and sexual harassment continues to occur throughout the Army. The effects of sexual assault and harassment can be psychological, emotional, and/or physical. 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Her passion and hard work in the Social Work field are an inspiration to me. Nichol knew that she wanted to be a Social Worker as a young child. While all of her friends had dreams to become teachers, doctors and celebrities Nichol alwaysRead MoreImpact of Gender on Reactions to Military Sexual Assault and Harassment700 Words   |  3 PagesMilitary Sexual Assault and Harassment Date of article: February 2014 Author(s): Margret E. Bell, Jessica A. Turchik, Julie A. Karpenko Source (Please attach copy of article): Bell, M., Turchik, J., Karpenko, J. (2014). Impact of Gender on Reactions to Military Sexual Assault and Harassment. Health Social Work, 39(1), 25-33. ARTICLE SUMMARY: Social Workers have a need to advance an understanding of working with veterans especially women affected by the concerns of sexual assault and harassment

Mcculloch V. Maryland Brief Free Essays

McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. We will write a custom essay sample on Mcculloch V. Maryland Brief or any similar topic only for you Order Now McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution. Facts. Congress chartered the Second Bank of the United States. Branches were established in many states, including one in Baltimore, Maryland. In response, the Maryland legislature adopted an Act imposing a tax on all banks in the state not chartered by the state legislature. James McCulloch, a cashier for the Baltimore branch of the United States Bank, was sued for violating this Act. McCulloch admitted he was not complying with the Maryland law. McCulloch lost in the Baltimore County Court and that court’s decision was affirmed by the Maryland Court of Appeals. The case was then taken by writ of error to the United States Supreme Court (Supreme Court). Issue. Does Congress have the authority to establish a Bank of the United States under the Constitution? Held. Yes. Judgment reversed. Counsel for the state of Maryland claimed that because the Constitution was enacted by the independent states, it should be exercised in subordination to the states. However, the states ratified the Constitution by a two-thirds vote of their citizens, not by a decision of the state legislature. Therefore, although limited in its powers, the Constitution is supreme over the laws of the states. There is no enumerated power within the Constitution allowing for the creation of a bank. But, Congress is granted the power of making â€Å"all laws which shall be necessary and proper for carrying into execution the foregoing powers. † The Supreme Court determines through Constitutional construction that â€Å"necessary† is not a limitation, but rather applies to any means with a legitimate end within the scope of the Constitution. Because the Constitution is supreme over state laws, the states cannot apply taxes, which would in effect destroy federal legislative law. Therefore, Maryland’s state tax on the United States Bank is unconstitutional. Discussion. This Supreme Court decision establishes the Constitution as the supreme law of the land, taking precedent over any state law incongruent with it. McCulloch v. Maryland Term: †¢1792-1850 o1819 Location: Maryland State House Facts of the Case In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion Decision: 7 votes for McCulloch, 0 vote(s) against Legal provision: US Const. Art 1, Section 8 Clauses 1 and 18 In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, â€Å"the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them. â€Å" How to cite Mcculloch V. Maryland Brief, Papers

Cloud Computing Future Generation Computer Systems

Question: Discuss about the Cloud Computing for Future Generation Computer Systems. Answer: Remote Administration Remote administration is defined as the process that is used to control a device from a remote place like from other room or even another part of the world (Dinh et al., 2013). The requirements of the remote administration are as follows: Network Security Network security must be enforced on the service used for remote administration. This is to ensure unauthorized activity or breach on the network (Erl, Puttini Mahmood, 2013). Remote administration networks are vulnerable to security breach attacks and hence proper protections should be used. Pass Code Encryption Pass codes used for accessing the remote administration network must be strongly encrypted in order to provide an extra layer of protection against unauthorized access (Beloglazov, Abawajy Buyya, 2012). Unauthorized access is a common problem that may be used by even the internal employees of the company. Hence, strong pass code encryption is necessary. Resource Management Resource management of the company will depend on the cloud service chosen by the company i.e. IaaS, PaaS or SaaS. Management of cloud computing resources requires enforcement of some working policies (Zissis Lekkas, 2012). These policies should include specification of the necessary parameters like management of workloads in the cloud server, allocation of storage capacity to different documents, balancing of load and energy optimization. Another important requirement in the resource management process is the management of the computer systems, access networks as well as the cloud server according to necessary parameters (Fernando, Loke Rahayu, 2013). The parameters depend on the cloud vendor chosen and the requirements of the operations done in the organization. Management of these resources include optimization and configuration of the devices, balancing and securing the network and application of strong network security over the cloud server used by the organization (Li et al., 2013). SLA Management For the management of SLA (Service Level Agreement), several factors are to be considered. These factors are scope, quality and responsibilities (Xu, 2012). Scope includes the possible functions in which the cloud service from the provider or vendor can be applied. The service provider or cloud vendor provides a range of services. These services can be applied to different operations of the organization. For quality, the organization has to check the service provider by analyzing the requirements (Younis Kifayat, 2013). Different service providers provide a variety of services and qualities differ according to the prices or the size / credibility of the vendor. The quality of the services affects the operations of the company and hence management of qualities of the services is necessary. Responsibilities include fulfilling contracts, paying agreed amounts, providing the promised services and undertaking a proper business between the organization and the service provider (Garg, Vers teeg Buyya, 2013). The chosen vendor for the purpose of DSI is CloudCentral. For the vendor, different criteria are to be followed regarding the availability of application resilience, back up and disaster recovery. Application Resilience This is defined as the immunity power of a software or interface towards errors or disasters. In most of the softwares, some immunity factors are added as default so that in case of disasters or system failures, not all the data used in the software are lost altogether (Wang et al., 2012). In cloud computing service, application resilience is defined by the power of the virtual interface to prevent errors or disasters from damaging all the data stored in them. For the cloud vendor, the application resilience must be checked before implementing the services (Jadeja Modi, 2012). In an organization like DSI, there are a large number of systems connected to the same network and use the same cloud storage space. Some cases may arise when one system failure causes error in the cloud server or a sudden power cut during an operation causes complete shutdown of the system. Moreover, there may be security breach attacks that force errors in the systems (Kliazovich, Bou vry Khan, 2012). Hence, the service from the vendor must be checked to analyze whether the vendor provides in-built application resilience system. Back Up The service provider or cloud vendor must provide backup services in case some important data or documents are lost. There have been many cases when due to server or external errors, many critical documents, data and information have been lost. In order to save data from losing permanently, backup systems are needed (Chen Zhao, 2012). Previously, the physical storage devices were used in the organizations and the backup system were kept in the same drive as the original storage. Hence, the basic purpose of backup devices failed in case of complete system failure. In the modern cloud computing system, since virtual storage system is used, two separate areas are used. One area is for the main storage and the other for the backup storage. Once a day, the updated documents are copied and sent to the backup storage, which is then disconnected from the main system. This backup storage is kept in case the main system fails and the whole system is destroyed. Disaster Recovery This is defined as the ability of the system to retrieve the documents after they are lost or deleted accidentally. This is needed in the case when an employee deletes some critical data accidentally or some data is lost due to system errors (Sanaei et al., 2014). During these cases, retrieval of the data is necessary. Moreover, this is necessary in case the backup system also fails or data from the backup system also gets lost. Again, there have been cases like large scale disaster like mass cyber attack, large scale blackout or complete system failure in the whole organizations during the operational period (Rong, Nguyen Jaatun, 2013). In these cases, many data, operational values and other critical information get lost. The disaster recovery system is needed in order to recover the systems from the error and retrieve all the data. These are the factors that are necessary to be present in the cloud service and availability must be checked before signing in with the cloud vendor. The SLA guidelines are followed along with some cloud solution providers procedures (Erl, Puttini Mahmood, 2013). The procedures are included as following application of cloud consumers majority and resources responsibility. Business case mapping to SLA: The service supplier ensures fulfillment the customers network infrastructure demands even if they encounter severe difficulties and errors. With this infrastructure representation, companies can always be certain that they will be able to access any information technology asset whenever they need (Garg, Versteeg Buyya, 2013). IaaS suppliers are able to guarantee about more or less 99% availability with 100 percent uptime. This was observed and reported by the Service Level Agreement (SLA). In the IaaS cloud computing infrastructure, numerous servers can operate at once. The use of the virtualization for providing only the assets that a specific client needs ultimately provides a great scalability to most of the commercial requirements (Kliazovich, Bouvry Khan, 2012). In such cases, the cloud service provider has the skill for sizing the assets without the errors and the user requires paying only what they use. On the other hand, traditional networking needs payment for everything, starting from hardware to its installation and maintenance (Li et al., 2013). The company should take these factors in consideration. Working with cloud and SLA on-premises: These tasks include installation and management of virtual computer devices and servers for guest clients as well as employees, managing fundamental server bands, and examining continuing event like utilization of storage discs, network operations, active events, and authorized or unauthorized activities (Rong, Nguyen Jaatun, 2013). This characteristic inflicts strict policies defined by the parent enterprise on the basic infrastructure areas that only a specific user or a group of users can access. Based on these strategies, conditioning and deleting of resources can turn into computerized processes (Sanaei et al., 2014). Moreover, the main distinction between customary and IaaS cloud computing is the virtualization that permits for scalability by providing nearly infinite resources to the customers. In the local hosting of computing infrastructure, the hardware server is permanent and more resources are required for its upgrade. Determining the SLA scope: A combined event manager hub must be built in the data centre of the cloud computing operation system. This hub is needed to assemble errors and event collection of all the connected systems and then counter the errors (Wang et al., 2012). The errors are generally filtered, forwarded and processed by automatic response and alarm system. The event management hub is used to connect system errors and activities, finish the event level incorporation, and complete the implementation of application operation observation level. During this time, the observation of the operation status of the network and Information Technology (IT) infrastructure is necessary for achieving concurrent discovery and alerts of the errors (Xiao, Song Chen, 2013). Compilation and sorting of observed data can act as a basis for the analysis of capacity management, event management, error management and agreement management. It is also needed to achieve the ultimate goals of the data cen tre. Understanding the SLA monitoring: Information Technology Infrastructure Library (ITIL) is a set of guidelines developed in the late 20th century by CCTA. These guidelines offer several objectives, precise and quantitative norms and standards for the information technology, which the company must follow before implementing cloud computing (Xu, 2012). ITIL is structured to guide companies to use modern technologies professionally so that they can use existing resources more effectively. Incorporating non-measurable requirements: Furthermore, ITIL V3 provides activity guidelines for serving life span management. Via the wide-ranging combined design of workflow management system, several objectives can be achieved. These are: natural incorporation of employees, technology and events for achieving method computerization (Younis Kifayat, 2013). This can be attained by auto preparation of workflow engine for mechanization of the process. It is very suitable for the operator to complete daily procedures with the help of relevant management process for improving the quality of information technology services and productivity of IT sectors. Archiving SLA data: On the other hand, by implementing service management tools for information technology, repeated services can be improved (Zissis Lekkas, 2012). Abiding by the international standards of the service management of information technology, ITIL defines the reasonable relations between all the processes. 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A framework for ranking of cloud computing services.Future Generation Computer Systems,29(4), 1012-1023. Jadeja, Y., Modi, K. (2012, March). Cloud computing-concepts, architecture and challenges. InComputing, Electronics and Electrical Technologies (ICCEET), 2012 International Conference on(pp. 877-880). IEEE. Kliazovich, D., Bouvry, P., Khan, S. U. (2012). GreenCloud: a packet-level simulator of energy-aware cloud computing data centers.The Journal of Supercomputing,62(3), 1263-1283. Li, M., Yu, S., Zheng, Y., Ren, K., Lou, W. (2013). Scalable and secure sharing of personal health records in cloud computing using attribute-based encryption.Parallel and Distributed Systems, IEEE Transactions on,24(1), 131-143. Rong, C., Nguyen, S. T., Jaatun, M. G. (2013). Beyond lightning: A survey on security challenges in cloud computing.Computers Electrical Engineering,39(1), 47-54. Sanaei, Z., Abolfazli, S., Gani, A., Buyya, R. (2014). Heterogeneity in mobile cloud computing: taxonomy and open challenges.Communications Surveys Tutorials, IEEE,16(1), 369-392. Wang, C., Wang, Q., Ren, K., Cao, N., Lou, W. (2012). Toward secure and dependable storage services in cloud computing.Services Computing, IEEE Transactions on,5(2), 220-232. Xiao, Z., Song, W., Chen, Q. (2013). Dynamic resource allocation using virtual machines for cloud computing environment.Parallel and Distributed Systems, IEEE Transactions on,24(6), 1107-1117. Xu, X. (2012). From cloud computing to cloud manufacturing.Robotics and computer-integrated manufacturing,28(1), 75-86. Younis, M. Y. A., Kifayat, K. (2013). Secure cloud computing for critical infrastructure: A survey.Liverpool John Moores University, United Kingdom, Tech. Rep. Zissis, D., Lekkas, D. (2012). Addressing cloud computing security issues.Future Generation computer systems,28(3), 583-592.