The play Essay Example for Free

The play Essay The play is set in the Dublin slums or tenements in the years of the Iris Civil War 1922 and 1923. The whole play centers on the Boyle family. Juno Boyle is married to Boyle who calls himself Captain Boyle. Boyle is a useless and irresponsible drunkard who shuns the reality of work at every stage in the play, and spends his time in the pub drinking with his friend Joxer Daly. The Boyles have two children Johnny and Mary. Johnny is a sickly individual who has been involved in the Republican movement but he ended up betraying a comrade by the name of Tancred. Johnny spends his days locked up in the house fearful of his life. His mother Juno is a selfless character who is concerned all the time about other people. Juno’s daughter Mary is deeply concerned about appearances. She is a shallow character who seems to judge people and things from the outside. When we meet her at the beginning of the play, we learn she is on strike because of the dismissal of a young girl called Jenny Claffey. Yet we are told from Juno how Mary never had a good word to say about Jenny Claffey in her whole life. The family are told that they will inherit money from a distant relative who has died. Bentham is the solicitor who informs them of this fact. He begins to have a relationship with Mary and she becomes pregnant. Bentham shortly after this abandons her. The Boyles begin to borrow money and accumulate a great deal of debts. The legacy never materializes, and the Boyles are forced to return the borrowed goods. Johnny is dragged off to be shot for the betrayal of Tancred. Juno finally realizes that Boyle will never take on his responsibilities as father and breadwinner and so she leaves him and sets up home with Mary. Themes/Issues Poverty This theme dominates the play at every level. The whole play highlights the cruel irony that while many people were fighting for ideals and principles there were others who were suffering from the debilitating effects of the poverty. Because of the negative effects generated by poverty escapism assumes a major and dramatic element in the lives of characters. Mary’s tragic situation occurs because of poverty. When it becomes clear that the Boyles will not inherit any legacy, Bentham disappears forever abandoning Mary alone to have her baby. Jerry Devine standards of what are essential features in a husband are set out in terms of money. At one stage he tells Mary how the job is worth 3 50 Juno who is the only character rooted in the harsh practical everyday world of necessity realizes that money, hard work, and responsible social commitment are stronger and more realistic values in this world than principles and ideals. Her pragmatic stance on how principles won’t pay butchers is in striking contrast to the incessant evasion from reality inherent in all of the other characters. Religion The theme of Religion is also a dominant feature in the play. The play is set against a strong Catholic background. O Casey makes frequent use of images of Our Lady and the votive light to project an air of realism and authenticity in the play. There are also a variety of different religions, and attitudes expressed throughout the play. One of O Casey’s chief mottos in the play seems to show the co- existence of strong religious convictions, together with a sincere and humane commitment to one’s fellowman. Juno’s faith is sincere, authentic, and traditional. She believes on Johnny’s death that God can do nothing against the stupidity of men, that her husband should be praying novenas for a job, and that what Ireland needs is more piety. On the other hand, Bentham espouses a religion by the name of Theosophy. This is projected as vague and abstract and certainly seems to be compatible with his own shallow commitment to people. Reality and Fantasy The play dramatizes the conflict between the dream world and the world of reality and shows what happens when a character is stripped of his illusions and forced to face reality. Boyle the ‘poseur’ or Paycock struts throughout the world of the play on a false and imaginary sense of his own self- importance. His whole life and career consist in fabricating dreams of his gallant years as a captain fighting heroic feats and sailing the oceans of the world. The news of the legacy provides another outlet to Boyle’s habitual evasion of reality, he sees himself as a potential investor on the Stock Exchange. His whole life is a lie. His pains, which are invented for the sake of shirking and avoiding work, become real to him. His refuses to face up to the truth and reality about Bentham and the deception surrounding the news of the will. When reality invades at the conclusion of the play in the form of Mary’s pregnancy and the actual removal of his material possessions, Boyle is unable to cope. His final entrance dramatized in a drunken fragmentary soliloquy is tragic. His habitual escape into fantasy is pathetically expressed through his drunken pose – ‘ Commandant Kelly died†¦.in them arms†¦..Tell me Volunteer Bullies says he that I died for Ireland’. Mary who represents the younger generation also falls victim to illusion. On her first appearance in the play, she is shown to be on strike for a principle. The oppressive and stifling atmosphere generated by the tenement life forces her to seek escape through Bentham. For her he represents another way of life and values outside the restricting and debilitating atmosphere within the two- roomed tenement. She falls victim to the subtle deception of Bentham’ middle-class gentility. She is blinded by external appearances and ends up a tragic victim of Bentham’s hypocrisy and selfishness At the conclusion of the play, she is forced to return to the reality of the slum life with Juno in spite of all her attempts to escape through learning and books. Answer Juno and the Paycock is a play that was written by Sean OCasey. It is one of the most often performed and highly regarded plays in Ireland. Juno and the Paycock was first staged at the Abbey Theatre, Dublin in 1924. Juno and the Paycock: Tragoi-comedy Tragi-comedy is a kind of writing in which comedy is hovering on the brinks of tragedy. OCasey’s â€Å"Juno and the Paycock† is a tragi-comedy although, on the whole, it is a serious and somber play having much destruction and violence. But there are a number of comic elements in the play which would not fit into the pattern of a tragedy. On the other hand, as the comic elements do not outweigh the tragic ones, it would be inappropriate to label the play as a comedy. It means there is a co-existence in the play of tragic and comic elements and so, the best course is to treat it as a tragi-comedy.

Adverse Possession Problem Question

Adverse Possession Problem Question Land Law (Adverse Possession) Problem Question (3000 words) In this scenario, Molly is concerned to establish the status of the plot of land that lies beyond the garden of the house that she has inherited from her cousin, Ms Twigg. The plot is adjacent to the garden of the property, and is a natural extension of the garden’s length. Ms Twigg, and subsequently Molly, have taken measures to demarcate the plot of land, clear it, and assert a measure of control over it. Molly is not keen to establish title over the land, in order to prevent the local council from proceeding with their plan to convert it into a highway lay-by. It is possible, as will be seen, that the doctrine of adverse possession operates in this situation so that by virtue of the fact that Ms Twigg and Molly have asserted some control over the plot, and there has not, until 1997, been any expression by the local council of its control over the plot, Molly can rightly claim ownership of the plot. Section 15 of the Limitation Act 1980 is entitled ‘Time limit for actions to recover land’. The section is concerned with the time limits after which a legal owner of a piece of land cannot bring an action to recover the land in question where third party rights have been accrued. It states ‘No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person’ (section 15(1)). There are, of course, certain provisos in the latter part of the section, the relevant ones of which will be discussed, but if the section does indeed apply, it would mean that after the period of 12 years from the date Ms Twigg obtained a right in the land, the local authority would lose their title to it. This is provided for by section 17 of the Act. This, then, is one of the statutory bases for the doctrine of adverse possession. What are the elements of this doctrine? It is clearly a manifestation of the concept of relativity of title that is so central to English land law; that is that all title to land is only relative to other claims on that land, and never absolute in the true sense. It is a means of granting ownership to persons who do not have legal title to the land in question, as is the case here. Indeed, it is usually very clear in cases of adverse possession that not only does the claimant not have title, but an identified other party does have legal title. This is why the doctrine is so controversial; it deprives one party of a legal right in favour of a second party with no legal title. Adverse possession operates where, within the period of time mentioned above in the Limitation Act 1980, the legal owner (in this case the local council) fails to take action to evict a so-called ‘squatter’ (in this cas e Ms Twigg and subsequently Molly) from the land in question. In the case of Newington v Windeyer (1985), the doctrine was applied in practical terms. It was stated that possession gives title that is ‘good against everyone except a person who has better, because older, title.’ This means that even a wrongful intruder can acquire title in another’s land. The doctrine of adverse possession was most recently considered in the seminal case of JA Pye (Oxford) Ltd v Graham (2003), in which the importance of possessory control was highlighted. There are, however, two elements to this concept. The first is factual possession (or factum possessionis in the parlance of the judgments). Secondly, and equally importantly, there is a mental component, characterised by an intention to possess on the part of the squatter (animus possidendi). Although considered in the case of Pye, the duality of the possession factor was mentioned by Gibson LJ in Prudential Assurance Co Ltd v Waterloo Real Estate Inc (1999). The squatter must have ‘subjective intention to possess the land but he must also show by his outward conduct that that was his intention.’ This idea was confirmed in Pye by Lord Hope, who acknowledges that such an intention was usually evidenced by ‘acts which have taken place.’ How, then, does this apply to the prese nt scenario? The first element, factual possession, can be seen to be met by the fact that the boundary fence has been knocked down by Ms Twigg, thereby removing a barrier to the plot in question, and by her removal of the debris in the new area. In Powell v MacFarlane (1977), it was held that possession throughout the period of alleges adverse possession must be exclusive to the claimant, although a single possession by or on behalf of several persons jointly is adequate. This, then, applies to Ms Twigg’s situation, and her subsequent conveyance of the property to Molly. Furthermore, that possession must, in the words of Lord Templeman in Browne v Perry (1991), be ‘peaceable and open’. This requirement has also been met by Ms Twigg and Molly, as a physical inspection of the plot by the local authority would reveal that the occupant of the house was now in factual possession of the plot of land. It is also important to note that if there was any element of permission from the local authority for Ms Twigg to use the land, this would negate any claim of adverse possession, as the whole essence of the doctrine is that the possession must be adverse to the paper owner. Even some implied licence would defeat the claim of possession. In the present case, however, it seems unlikely that such a licence exists. The amount or ‘factum’ of physical possession required to meet the requirement of adverse possession was considered in Buckinghamshire CC v Moran (1990), in which Slade LJ said that ultimately, it depended on the claimant asserting ‘complete and exclusive physical control’ over the land in question. He had deliberated on this point in the earlier case of Powell v MacFarlane (1997) when he stated that it must be shown that ‘the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.’ Will Ms Twigg’s and Molly’s actions be sufficient to establish this necessary level of factual possession? As we know, the plot is bounded on three sides by hedges and trees, and the fence boundary shared with the house has been knocked down. In Seddon v Smith (1877), it was held that enclosure is the ‘strongest possible evidence of adverse posses sion.’ While Ms Twigg did not actually construct an enclosure, she did remove an artificial boundary so that the garden and the plot are now bounded in their entirety. This will probably be a sufficient degree of factual possession. The sufficiency of the possessory control depends on the context, and here, it seems likely the clearance will be sufficient. In Hounslow London Borough Council v Minchinton (1997), an unsubstantial use of the land in question was considered sufficient because it was the only sensible use of the land. A similar situation applies here. The second element of possessory control, then, is the requisite intention to possess. Ms Twigg and Molly must have shown a continuing intention to possess throughout the period of adverse possession, following Railtrack plc v Hutchinson (1998). In Powell v MacFarlane (1977), this was held to mean ‘the intention, in one’s own name and on one’s own behalf, to exclude the world at large, including the owner with the paper title †¦ so far as is reasonably practical and so far as the processes of the law will allow.’ This intention must be both genuine, and also must be made clear to the world. This includes the paper owner (that is, the local authority as the legal title holder) if that owner was present on the land in question. Again, as was mentioned above, it seems likely that this requisite intention will be satisfied by the removal of the boundary fence, and the clearance of the debris on the plot by Ms Twigg and subsequently by Molly. The relevant i ntention can, and usually will, be inferred from conduct, so to some extent it can be met by the same measures as demonstrating factual possession. It seems, then, that between them, Ms Twigg and Molly have met all of the pre-requisites of making a successful claim of adverse possession of the plot of land. The potential for controversy caused by this doctrine was illustrated in the case of Ellis v Lambeth London Borough Council (2000), in which a squatter successfully claimed a council house worth  £200,000. Indeed, in Buckinghamshire CC v Moran (1990), Nourse LJ described adverse possession as unashamedly ‘possession as of wrong’. How can this doctrine be squared with the increasing awareness of and focus on human rights, and particularly on those enshrined in the European Convention on Human Rights, which was incorporated into English law by the Human Rights Act 1998? This issue was considered in the case of JA Pye (Oxford) Ltd v Graham (2001). It was noted that the doctrine often results in the deprivation of possessions, and hence might be thought to be in breach of human rights contained in the Convention. It was considered, however, that the rule operates, ultimately, in the public interest, and is therefore justified under the Convention. How, then, does the doctrine apply in the present circumstances? In the first scenario, the dates are significant because they pre-date the Land Registration Act 2002, which had a significant impact on the area of adverse possession (which will be considered under the second scenario). The significant dates here, then, are 1980, when Ms Twigg moved into the property, and at which time there was no question of the local authority holding the title to the plot of land at the bottom of Ms Twigg’s garden; and 1984, when Ms Twigg removed the broken down fence, and commenced clearing the ground of the bracken and rubbish that had built up there. In the strict operation of the Limitation Act 1980, then, under section 15(1), this is the date on which the right to the land accrued to her. That is to say, the clock started running at this time. Also under section 15(1) of the Act, the successor in title to Ms Twigg – that is, Molly – will also be able to claim the title. A significant factor is whether the property was registered by Ms Twigg when she purchased it. Since there was no compulsory registration in 1980, it will be assumed that the property was not registered. As was mentioned above, under section 15(1) of the Limitation Act 1980, the legal owner of the plot of land (the local council) has a period of twelve years from the date on which Ms Twigg accrued a right to the property, even as a squatter. The date in question, then, is 1984, when Ms Twigg asserted control over the land by removing the broken down fence, and clearing the area. Furthermore, the local authority did not take any action even insofar as repairing the boundary fence in order to evict Ms Twigg. Again, the fact that the property passes from Ms Twigg to Molly in 1985 does not affect the claim of adverse possession. This is because under the Act, immediately consecutive periods of adverse possession (as Ms Twigg’s and Molly’s were) can be aggregated to contribute to the twelve year time limit. This was applied in Mount Carmel Investments Ltd v Thurlow Ltd (1988). After this period of 12 years, then, the local authority’s title will be ‘extinguished ’ in favour of Molly. Molly, therefore, emerges as the legal title holder. This, then, is the situation in the first scenario, where the dates in question pre-exist the Land Registration Act 2002. In the second scenario, however, the outcome may be different as the dates have been moved forward. The two factors that are likely to affect the claim of adverse possession in this second scenario are, firstly, that Ms Twigg did not taken action to exert her control over the land in question until 2000; and secondly, that the LRA 2002 will apply in the present circumstances. To reiterate, the significance of Ms Twigg taking down the broken fence completely and commencing to clear the plot of land is that it is at this point that she becomes a ‘squatter’, with some measure of possession of the plot of land. Again, it is from this point in time that the clock starts to run in respect of adverse possession. As several commentators have noted, it is perhaps strange that even after the passage of the LRA 2002, adverse possession should continue to play a significant role, given that the registration of title is supposed to be definitive in assessing ownership. This was also noted by Lord Bingham in the seminal case of JA Pye (Oxford) v Graham (2003). This case involved the acquisition of 25 hectares of development land, reportedly worth over  £10 million, which prompted the Guardian to report on ‘Britain’s biggest ever land grab’ (9 July 2002). The effect of the LRA 2002 can be seen as a response to the criticisms that have increasingly been targeted at adverse possession, particularly in the case of squatters claiming rights in the land of registered proprietors. Smith describes the impact of the LRA 2002 as ‘undoubtedly one of the most fundamental changes to property law in the pat century’ (Smith, R. (2002) ‘The Role of Registration in Modern Land Law’, in Tee, L. (Ed) Land Law: Issues, Debates, Policy (London: Willan), p55). One of the key provisions of the Act, then, is that unlike under the pre-2002 doctrine, mere passage of time does not bar a registered title holder from regaining possession. This means that time is no longer in Ms Twigg’s and Molly’s favour under the LRA 2002, section 96. Furthermore, the onus is now very much on the squatter rather than the legal title holder to assert their control over the property in question. For the first time, under the LRA 2002, a pos itive application is required by either Ms Twigg or Molly. This application must be made to HM Land Registry to be registered as the proprietor of the plot of land in question. Under section 97 of the Act, this application can only be made in the event that the ‘squatter’ has been in adverse possession of the property for a period of ten years immediately preceding the date of the application. In this instance, then, that time frame has not been reached. Even if Molly had been able to make an application to HM Land Registry to be registered as the proprietor of the plot, the local authority would have been able to defeat this application simply by registering objection to it. Again, this shows the change in focus ushered in by the LRA 2002 in favour of the legal owner at the expense of the squatter, who was in a better position with regard to the land on which they were squatting prior to 2002. Not only can the local authority object to the application for registration from Molly, however; so too can any legal charge holder or, if it were relevant, the proprietor of a superior leasehold estate. Under Schedule 6 of the Act, any objection by any of these parties within a period of 65 business days of the application being made will defeat the application. It should be noted that had Ms Twigg’s and Molly’s time ran successfully prior to the date at which the local authority wished to proceed with its lay-by plan in 2003, M olly would retain some protection for her rights over the land under the LRA 2002. BIBLIOGRAPHY Statutes Human Rights Act 1998 Land Registration Act 2002 Law of Property Act 1925 Limitation Act 1980 Cases Browne v Perry [1991] 1 WLR 1297 Buckinghamshire CC v Moran [1990] Ch 623 Ellis v Lambeth London Borough Council (1999) 32 HLR 596 Hounslow London Borough Council v Minchinton (1997) 74 P CR 221 JA Pye (Oxford) Ltd v Graham [2000] Ch 676 Mount Carmel Investments Ltd v Thurlow Ltd [1988] 1 WLR 1078 Newington v Windeyer (1985) 3 NSWLR 555 Powell v MacFarlane (1977) 38 P CR 452 Prudential Assurance Co Ltd v Waterloo Real Estate Inc [1999] 2 EGLR 85 Railtrack plc v Hutchinson (1998) (unreported) Seddon v Smith (1877) 36 LT 168 Secondary sources Davies, C.J. (2000) ‘Informal Acquisition and Loss of Rights in Land: What Justifies the Doctrines?’, 20 Legal Studies 198 Gray, K. and Gray, S.F. (2003) Land Law, 3rd Edition (London: LexisNexis) Gray, K. and Gray, S.F. (2005) Elements of Land Law, 4th Edition (Oxford: OUP) Rhys, O. (2002) ‘Adverse Possession, Human Rights and Judicial Heresy’, Conv 470 Smith, R. (2002) ‘The Role of Registration in Modern Land Law’, in Tee, L. (Ed) Land Law: Issues, Debates, Policy (London: Willan) Thompson, M.P. (2002) ‘Adverse Possession: The Abolition of Heresies’, Conv 480

Food Safety Modernization Act and Puerto Rico

Food Safety Modernization Act and Puerto Rico Research Paper Food Safety Modernization Act (FSMA): An Assessment of Puerto Ricos Food Industry Readiness and Preparedness Abstract Preliminary Idea The successful development and implementation of compliance policies and activities in the food industry could be directly associated with the access to information and understanding of the law. Discussions and information found in the literature about the impact of the Food Safety Modernization Act (FSMA) implementation has been mainly conducted within the United States. However, limited information is available about the impact of this new law in one of the U.S. territories, the Commonwealth of Puerto Rico. On this research study FDA Official Inspected Establishments in Puerto Rico were questioned about their readiness and preparedness for FSMA using an on-line survey tool. The purpose of this research is to obtain information that can allow to evaluated if the lack of access to FSMA information and language barriers have a direct effect that limits the readiness and preparedness of the FSMA implementation in Puerto Rico. In progress: include results and conclusion headings/sections Chapter I: Introduction Introduction FSMA implementation represents a big challenge that urges food manufacturers to revise their food safety systems and make decisions about resource allocation to reduce food safety risks in their operations. This new law had been building with several years of high-profile food recalls, foodborne illness outbreak, and consumers advisories (3). Discussions and information found in the literature about the impact of the implementation of FSMA has been mainly conducted within the United States. However, limited information is available about the impact of this new law on the food industry in other U.S. territories. On this research study the information collected allow to examine the readiness and preparedness on FSMA in one of the U.S. territories, the Commonwealth of Puerto Rico. The island of Puerto Rico is part of the Greater Antilles and since 1898 has been part of the United States (1). This unique status requires that food manufacturers in Puerto Rico comply with all federal regulations that cover the food industry (2). It is important to understand that the challenges faced by food manufacturers in Puerto Rico are not different from their counterparts in the United States. FDA Commissioner Margaret A. Hamburg stated that FSMA calls for the strengthening of existing collaboration among all food safety agencies whether they are Federal, state, local, territorial, tribal, or foreign. Building and leveraging the capacity of these food safety partners is how we can have a well-integrated, national food safety system that is as effective and efficient as it can be (12) (13). In order to achieve these statements it is imperative to collect information, actually not available, about food manufactures readiness and preparedness in Puerto Rico for the implementation of the different requirements established on FSMA. This task represents a big challenge; specific topics about the requirements of the FSMA law are outside the scope of this research study. Taking this limitation in consideration, two research questions are intended to be covered by this study. Is the lack of access to FSMA information limiting readiness of food manufacturers in Puerto Rico? Is the lack of understanding due to language barriers among food manufacturers limiting FSMA preparedness? The participants were defined using the FDA Official Inventory Establishment (OIE) list of food manufacturers in Puerto Rico (Appendix 1). An online survey was used as the instrument to obtain information. The survey questionnaire was distributed among the participants by e-mail and descriptive statistics was used to summarize and analyze the data obtained from the survey. Findings, recommendations and future directions will be discussed to learn more about the food manufacturing industry in Puerto Rico. FSMA Rule Requirements The Food Safety Modernization Act (FSMA) is the most significant amendment of United States food law since passage of the 1938 Food, Drug, and Cosmetic Act (3). It will impact all domestic and imported food products that are not under the jurisdiction of the U.S. Department of Agriculture Food Safety and Inspection Service (USDA-FSIS). FSMA was signed into law on January 4, 2011 and since then food manufacturers have been called upon to start preparing their companies to be in compliance with the new law requirements. FDA identified five key elements where its authority was enhanced. The first element is focusing on preventing food borne illness by requiring mandatory preventive controls, Hazard Analysis Risk Preventive Controls (HARPC), for food facilities and mandatory produce safety standards, and also giving the authority to prevent intentional adulteration. The difference from the Hazard Analysis and Critical Control Points (HACCP) approach is that HARPC is slightly broader requiring identification and controls of hazards generally, not just critical control points (3). The second is by providing the ability to increase FDA inspection frequency based on risk; high-risk facilities will be identified. Third, ability to respond to problems when emerge including authority to conduct mandatory recall for all products, authority to detain products that are in violation, and by suspending facilitys registration. Before, FDA was required to have credible evidence or information than an article of foo d presents a threat of serious adverse health consequences or death to humans or animals with FSMA FDA have the authority to detain an article if the agency has reason to believe that the article of food is adulterated or misbranded (3). The fourth element identified is new requirements for imported products by requiring importers to verify their foreign suppliers have adequate preventive controls. The last element considered is the enhanced of partnerships between FDA by improving training of state, local, and tribal food safety officials (25). In addition, FDA will enhance the partnerships with other food agencies and private entities (24). The FDA is responsible for more than 50 regulations, guidelines, and studies under FSMA, this included seven foundational rules required to fully implement it (See table 1) (25). Among the 7 different rules included in FSMA the well-known part 110 that covers Current Good Manufacturing Practices was removed and replaced it. Now part 117 will covers Good Manufacturing Practice and Hazard Analysis and Risk Controls for Human food and for Growing, Harvesting, Packing and Holdings of Produce for Human Consumption. In addition, it is expected by law that all high-risk domestic firms after the law enactment be inspected in a period of five years and no less than every three years thereafter (3). The FSMA legislations purpose is to renovate the existing approach to food safety by enabling stakeholders to concentrate on preventive controls rather than simply reacting to food safety events (4). Legislative requirements of FSMA can be challenging, especially for small food facilities affected by the regulations immediately or in the near future (4). The new recordkeeping requirements will be science-based and based on the know safety risk of a particular food, including the history and severity of outbreak, and factors related with the likelihood on foodborne illnesses (3). Small and very small plants do not have robust programs in place when compared with larger plants. Historically, small businesses have not had extensive experience with prevalent food safety management systems and standards such as ISO 22000: 2005, SQF code (Safe Quality Food Institute), GFSI guidelines (Global Food Safety Initiative) or HACCP (4). Programs that in most cases larger plants are more familiariz ed (4). In addition, FDA has recognized that small food facilities will likely face financial concerns in the implementation of the preventive control requirements of FSMA because they lack experience with HACCP-based models (4). Nevertheless, the new food safety requirements are the same regardless of size, unless they are partially or fully exempted based on the operations conducted in the facility (5). Small plants and very small plants need to comply within a period of two to three years, respectively, after the publication of the final rule (see table 2) (5). Historical Background and Food Regulatory Structure in Puerto Rico The island of Puerto Rico is similar in size to Connecticut, encompassing 3,492 square miles. The population is about 3.4 million and the main language is Spanish. The island has 6 urban centers designated as Standard Metropolitan areas (SMAs) by the U.S. Census Bureau (6) (7). Puerto Rico and the US Virgin Islands are under the jurisdiction of the FDA San Juan District office located in the capital area of Puerto Rico. This office is the smallest of the FDAs 20 districts, was established back in 1911 and was officially named in 1971. This office reports to the Regional Field Office, Southeast Region in Atlanta, GA (19). In 2013, FDA reported that they regulated 1,500 facilities, approximately half of them from the food industry (8). FDA in San Juan works closely with the local Health Department Environmental Health Food Division, which is in charge of the inspection of food manufacturing facilities. As other states in the U.S. (20), this agency establishes specific regulatory requirements and issues the mandatory sanitary license that covers food operations in the island. In 2016, the Association of Food and Drug Officials (AFDO), under contract to the FDA, shared data on the progress of FDA Food Code adoptions by States, Territories, and Indian Health Se rvice. They reported that Puerto Rico adopted the Food Code version 2009 based in their population (21). Food Regulatory requirements in Puerto Rico are also promulgated by the Puerto Rico Health Department in Departamento de Salud de Puerto Rico Reglamento General de Salud Ambiental No. 6090 4 de febrero de 2000 (18). On this regulations, the CFR tittle 21 is mentioned as the primary reference for compliance. However, in addition of the regulation established in the CFR title 21 there is specific requirements established in Puerto Rico for food products label language, annual license certificationXXXXâ‚ ¬Ã‚ ¦ In addition, there are other agencies in the island that are or may be involve on food safety oversight. The State Department of Agriculture has regulations thru the program of Inspeccion de Mercado that covers produce, coffee and eggs (22). Also, the Departamento de Asuntos al Consumidor (DACO) protect consumers from being deceiving (23). They are involve on informing recalls of imported products marketed in the Island, inspect and removed expired products from shelves and have the authority to enforce civil penalties. Also, they are involving on the inspection of packaging of meat, fruits, vegetable and others food products by enforcing the Reglamento de Empaque (23). It is important to mention that the USDA-FSIS is responsible for ensuring that meat, poultry, and processed egg products produced in Puerto Rico are safe, wholesome, and accurately labeled. Puerto Rico establishments are under the jurisdiction of the FSISs Atlanta, Georgia District (14). Data obtained from the USDA-FSIS in Puerto Rico showed that eighty seven establishments are inspected by FSIS; thirty four of them under dual jurisdiction with FDA. This means that thirty nine percent of these establishments have to comply at some point based on their size with FSMA requirements (15) (appendix 2). Puerto Rico is highly dependent on importations ninety three percent of the food consumed in the island is imported. This is also extremely important to take in consideration since one of the part of FSMA cover importations and foreign supplier verification. Importers will need to institute risk-based foreign supplier verification programs to assure that imported foods are compliance with the new requirements of the law (3). Although much information can be found related to FSMA, information about the impact of this new law in Puerto Rico is limited. An in-depth literature review showed nothing specifically related to Puerto Rico. Recent U.S. Surveys Outcomes Several surveys in the U.S. have already been conducted, covering specific topics on FSMA readiness and preparedness. One of the recent surveys in 2016 was conducted by Sparta Systems Inc. They conduct an online survey about FSMA readiness and compliance strategy. About 153 food and beverage professionals in the U.S. participated in this survey. The results showed that 61% of the participants felt confident that their organizations are prepared for FSMA. Approximately 20% of the respondents from medium-sized companies disagreed that their organizations were ready for FSMA according to additional finding from the survey (9a) (9b). Safety Chain Software and The Acheson Group (TAG) also conducted a survey in 2016. They used an online survey that received more than 400 respondents, including food processors and manufacturers, produce growers/packagers/shippers, warehouse and distribution companies, animal food manufacturers, domestic suppliers, foodservice companies, retailers, import manufacturers, and import and domestic brokers (10b). More than two-thirds of respondents (68 percent) said they were somewhat ready for FSMA. Only 25 percent of respondents indicated they were ready for FSMA, while 6 percent said they werent ready at all. (10a)(10b). These findings indicate that education and preparation for FSMA remain a challenge for some food manufacturers in the U.S. particularly for medium, small and very small processors. Why its important There are many reasons of the importance of complying with the implementation of this new law. But for to make this task achievable it is important to make sure that the information is accessible and understandable by the regulated firms that fall under the law. The ultimately responsible following the different steps that compose this chain is the food manufacturer. The decisions made by them in order to be in compliance will be critical more than ever. Traditional inspecting styles will change becoming more inspection -oriented and enforcement-minded (). Practices that were usually acceptable it maybe not enough to comply with these new inspections styles (). Firms that receive a Warning Letter following an FDA inspections, will be charged for the follow-up inspection (). In addition, if the firm is enforced by an injunction it will be required to close until corrective actions are completed and re-inspected by FDA, at the firm expense. It is important to note that even after being permitted to reopen, the firm remains under court supervision for the foreseeable future (). Moreover, FDA are resurrecting enforcement actions like criminal liability under the Park doctrine. The application of the doctrine establishes that corporate officials can be held criminally liable for violations of the FDC Act in areas of the company under the officials control, even if the official did not intend for the violations to occur (). If information on FSMA is not readily accessible it can limiting readiness of food manufacturers in Puerto Rico that can severely delay their compliance. Also, language may be a barrier on food manufacturers that can limiting FSMA preparedness. Considering that English is part of the educational curriculum of schools in Puerto Rico, contradictorily in 2000 the US Census showed that 45.1 percent of the total of the population of 481,410 people do not speak English (26). This number could have been changed thru the years but Spanish stills is the main language used by the governmental offices in Puerto Rico and the population. Survey Instrument Description The survey instrument used was similar to the ones already used to obtain information from food manufacturers in the U.S. Taking into consideration that the main spoken language is Spanish, questions were provided in both, Spanish and English. The survey begins with a 5-minutes educational video from FDA about FSMA implementation to help participants be introduced into the topic. After completing the video, the participants will complete 16 questions in Likert and multiple selection formats. The questionnaire is divided into the following three parts: Company and Respondent Profile, FSMA and Resources Preferences. (Appendix 3) Sample Selection The initial target population based on the OEI list submitted by FDA includes 786 firms (Appendix 2). Nevertheless, this number drastically changes because data include establishments reporting a last inspection dated in 1970. Furthermore, several firms appear duplicated on the list with exactly the same address information. Water and Ice Plants were also excluded for the purpose of the study. A further research, conducted me to a list NAME in the FDA webpage that seems to be more updated. This list included firms that were inspected for the period of 2008 2016. At the end, the sample used were considering firms that have their last inspection date from 2008. The only contact information of the firm provided in the list was the address and phone number. Industry groups in Puerto Rico, MIDA and PRIDCO, and the Food Industry Forum (FIF) were contacted and provide me with additional information by sharing their members list that include the e-mails information. Also, information found on the webpages PR Supply Chain On-Line and Hecho en Puerto Rico where extremely helpful to retrieve and validate food manufacturers contact information (16)(17). However some firms have been found that closed business at some point during 2008 2016; which was the period selected. At the end, the final revised number that their contact information can be validated roughly finished in 179 inspected firms. Data Collection The survey was classified as exempt by the Institutional Review Board (IRB) (appendix 2). It was open from February 14 to March 20, 2017 (proposed closing date). A total of 179 FDA food inspected firms were invited via e-mail to participate in the survey. From the 179 firms invited 23 e-mails bounced out and 1 opted out. Only 3 firms responded during the period of February 14 to February 27. A second invitation was sent on March 3, something that may affect the participation on the first invitation is that subject line and message were sent in English taking this premise in consideration second invitation subject line and message were sent in Spanish (on progress). In addition, some firms were contacted by phone to encourage them to participate in the survey. Data Analysis The analytical procedure used to evaluate the data collected was descriptive statistical methods. (Waiting for data) By been FSMA compliant food firms should be able to be better prepared to respond to situations that emerge in the day to day. They should switch from reactive and corrective minded to preventive minded by creating strong food safety plans and HARCP programs. Future directions may include a second project that can be used as a follow-up in conjunction with regulatory agencies in Puerto Rico to evaluate and compare the progress of the FSMA implementation among Food Manufacturers. Classification of the industry will be important to organize strategies by focusing on high-risk operations and offer a better guidance to food manufactures. Development of educational strategies such as guidelines, videos, workshops, and educational campaigns may be developed. Better allocating local and federal economical resources food manufacturers with limited resources can be better assisted. Regulatory agencies in Puerto Rico can unify efforts toward food safety compliance to create a strategy. Puerto Rico can used models from other states in U.S. that compiled information of food agencies in their area in a webpage creating a roadmap for food firms making the information easily accessible to food firms. Food regulatory agencies must enforce their partnership between agencies, identify and share available resources between the agencies. Also, it is needed the establishment of periodic revisions and analysis of recorded data to evaluate the progress of the firms. The use of new media tools such webpages and phone apps can expedite the delivering or retrieving of information from food manufacturers in the island. This will help to maintain open communication and keep information updated ensuring the availability of accurate data when it is needed. References (1) Ayala, C. J., Bernabe, R. (2007). Puerto Rico in the American century: A history since 1898. Chapel Hill: University of North Carolina Press. (2) Code of Federal Regulations, Title 21, Food and Drug: Pt 1403, App. A, page 282 Revised as of April 1, 2011 (3) Fortin, N. D. (2011). The United States FDA food safety modernization act: The key new requirements. European Food and Feed Law Review: EFFL, 6(5), 260-268. Retrieved from http://ezproxy.msu.edu.proxy1.cl.msu.edu/login?url=http://search.proquest.com.proxy1.cl.msu.edu/docview/903529133?accountid=12598 (4) Grover, A. K., Chopra, S., Mosher, G. A. (2016). Food safety modernization act: A quality management approach to identify and prioritize factors affecting adoption of preventive controls among small food facilities. Food Control, 66, 241-249. doi:10.1016/j.foodcont.2016.02.001 (5) Food and Drug Administration, 2015 Food and Drug Administration FSMA proposed rule for preventive controls for human food(2015, February 21) Retrieved from http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334115.htm (6) United States Council for Puerto Rico Statehood http://www.prstatehood.com/about-pr/index.asp (7) United States Census Bureau 2015 Puerto Rico Population Estimates http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk (8) FDA-Island Office Protects Consumers Near and Far http://www.fda.gov/forconsumers/consumerupdates/ucm370079.htm (9a) Sparta Systems Survey Finds Food Beverage Companies Confident in FDA Regulation Preparedness-May 5, 2016 http://www.spartasystems.com/about-us/press-releases/press-archive/press-releases-2016/sparta-systems%E2%80%99-survey-finds-food-beverage-compa (9b) Sparta Systems Food Quality and Safety Survey 2016 http://marketo.spartasystems.com/rs/084-QBA-512/images/Food_Survey_Results_Report_2016.pdf (10a) Food Engineering Are you ready for the FSMA final rules? April 25, 2016 http://www.foodengineeringmag.com/articles/95479-are-you-ready-for-the-fsma-final-rules (10b) 2016 FSMA Readiness Compliance Strategy http://marketing.safetychain.com/acton/attachment/2194/f-01d9/1/-/-/-/-/2016%20FSMA%20Readiness%20%26%20Compliance%20Strategy%20Survey%20Report%20Sponsored%20by%20SafetyChain%20and%20TAG.pdf?sid=TV2:K3Vrv8uFV (11) Kumar, R. (2014). Research methodology: A step-by-step guide for beginners (4th ed.). London: SAGE. Chapter 12 (12) Strauss, D. M. (2011). An analysis of the FDA food safety modernization act: Protection for consumers and boon for business. Food and Drug Law Journal, 66(3), 353 (13) Margaret A. Hamburg. Food Safety Modernization Act: Putting the Focus on Prevention, Jan. 3. 2011, https://obamawhitehouse.archives.gov/blog/2011/01/03/food-safety-modernization-act-putting-focus-prevention (14) The Food Safety and Inspection Service in Puerto Rico https://www.fsis.usda.gov/wps/wcm/connect/8d8574dc-4d0a-4b36-8667-039d8f5f6aac/PR.pdf?MOD=AJPERES (15) Data enviada por OEIO Sepulveda -Evans, J.R. and Lindsay, W.M. (2011),Managing for Quality and Performance Excellence, 8th ed., South-Western Cengage Learning, Mason, OH, pp. 554-555. -Cobb, C. (2000), Knowledge management and quality systems,The 54th Annual Quality Congress Proceedings, 2000, American Society for Quality, pp. 276-287. -Teskey, S., Nassar, M. and Buciarelli, R. (2010),Food Safety: Beyond the Standards How to Build a Culture of Food Safety to Protect Your Customers and Your Brand , Delloite and Touche LLP, available at: www.deloitte.com/assets/DcomCanada/Local%20Assets/Documents/Consulting/call%20for%20papers/ca_en_ers_FoodSafety_230910.pdf (accessed March 5,2012). (16) http://hechoenpr.com/directorio-de-servicios-y-productos/ (17) https://www.prsupplychainonline.com/PRSCO/search.jsf (18) http://cayey.upr.edu/wp-content/uploads/sites/10/2016/07/REGLAMENTO-GENERAL-SALUD-AMBIENTAL.pdf (19) ORA Regional Field Office, Southeast Region, Atlanta, GA Organizational Chart https://www.fda.gov/AboutFDA/CentersOffices/OrganizationCharts/ucm351289.htm (20) State Retail and Food Service Codes and Regulations by State https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm122814.htm (21) FDA- Real Progress in Food Code Adoption 02/22/2016 (last visited 02/26/2017) https://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM476819.pdf (22) Departamento de Agricultura de Puerto Rico Inspeccià ³n de Mercados http://www2.pr.gov/agencias/Agricultura/SAIA/InspeccionMercados/Pages/Leyes-y-Reglamentos.aspx (23) Departamento de Asuntos del Consumidor DACO http://daco.pr.gov/sobre-nosotros (24) Susan A. Schneider, Notes on Food Law: An Overview of the Food Safety Modernization Act, October 10, 2011  · 2011 Ark. L. Notes 650 (25) Renà ©e Johnson, Congressional Research Service, Implementation of the FDA Food Safety Modernization Act (FSMA, P.L. 111-353) December 2016 (26) Fishman, J. A., Garcia, O. (2011). Handbook of language ethnic identity. 2 : The success-failure continuum in language and ethnic identity efforts. Chapter 9 Learning English in Puerto Rico: An Approach-Avoidance Conflict? Oxford: Oxford University Press. Table 1 Seven Foundational Rules Required to Fully Implement FSMA Congressional Research Service Implementation, December 16, 2016 (1) Preventive Controls for Human Food: Requires that food facilities have safety plans that set forth how they will identify and minimize hazards (FSMA  §103). (2) Preventive Controls for Animal Food: Establishes Current Good Manufacturing Practices and preventive controls for food for animals (FSMA  §103). (3) Produce Safety: Establishes science-based standards for growing, harvesting, packing, and holding produce on domestic and foreign farms (FSMA  §105(a)). (4) Foreign Supplier Verification Program: Importers will be required to verify that food imported into the United States has been produced in a manner that provides the same level of public health protection as that required of U.S. food producers (FSMA  §301(a)). (5) Third Party Certification: Establishes a program for the accreditation of third-party auditors to conduct food safety audits and issue certifications of foreign facilities producing food for humans or animals (FSMA  §307). (6) Sanitary Transportation: Requires those who transport food to use sanitary practices to ensure the safety of food (FSMA  §111). (7) Intentional Adulteration: Requires domestic and foreign facilities to address vulnerable processes in their operations to prevent acts intended to cause large-scale public harm (FSMA  §106(b)) Table 2 Classification of food facilities as per the

foolear Essay on Shakespeares King Lear - The Fool In Us :: King Lear essays

King Lear: The Fool In Us      Ã‚  Ã‚   King Lear is without doubt Shakespeare's most nihilistic play.   It is a storm without clearing.   In this version of reality, faith is absurd.   The play is set in the pagan era, where King Lear loses all his faith in the gods.   However, we see the need for Christian revelation in the hopelessness of the play.   We also see in the character of the Fool a character who resembles the wisdom and words of the Apostle Paul "Let no man deceive himself.   If any man among you seemeth to be wise in this world, let him become a fool that he may be wise."1   These words are very similar to the function and meaning of the word fool in the play.   While fool in Shakespeare's plays can represent a "dupe", a "madman", a "beloved one", a "court jester", or a "victim", it means all of these in King Lear.   For the Fool is the court jester, Cordelia is Lear's beloved one, and Lear, himself, is at various times duped, a madman, and a victim.   Yet, when we look at th e words of Paul, we see the Fool tell Lear virtually the same thing in this play.   For Lear believes himself to be wise, when, in reality, he is a duped fool:    Fool.   If thou wert my Fool, Nuncle, I'd have thee beaten for being old before they time. Lear.   How's that? Fool.   Thou should'st not have been old till thou hadst been wise.2    The Fool loves Lear as much as anyone in the play, save for his youngest daughter Cordelia.   The Fool knows Lear's only mistake is not accepting Cordelia's expression of love.   Once he has divided his kingdom between Goneril and Regan it is too late for any advice to Lear to resolve the matter.   The Fool tries to get Lear to understand what a dupe and bungler he has been, but Lear cannot see himself as the portrait the Fool paints.   Lear needs nothing more than himself; he has everything in himself.   However, he goes from everything in himself to nothing because he has been unwise:    Lear.   Does any here know me?   This is not Lear: Does Lear walk thus?   Speak thus?   Where are his eyes? Either his notion weakens, his discernings Are lethargied-Ha! waking? 'tis not so. Who is it that can tell me who I am?

Capital Punishment Essay -- Death Penalty

Capital Punishment is the legal infliction of the death penalty. In the United States capital punishment is legal in thirty-nine of the fifty states. Beginning in 1973, prison populations began an inevitable growth. There were 204,211 inmates in 1973, and by 1977 the number of prisoners had grown to 285,456, which later grew to 315,974 in 1980. By 1976, it was clear that the death penalty had to be reinstated. America’s experiment with capital punishment has resulted in a total of 944 executions, fifty-nine of which took place in 2003. Every year about 15,000 killers are charged and only about 300 wind up on death row. The death row population is constantly increasing. It is now more than 3,000. Because of constant appeals, it takes a person on death row typically between five to eight years to finally get executed. To kill all the prisoners on death row, it is estimated that it would take two executions a day for seven years. Crimes such as aiding in suicide, causing a boat collision resulting in death, forced marriage, procuring an abortion resulting in the death of the mother, espionage, castrating another, rape, homicide, child molesting resulting in death and conspiracy to kidnap for ransom among many others are, in some states, crimes that are punishable by death. What the law permits, however, is not always used by the courts or the executive authorities. Most executions are a result of a murder or rape, and a small number for robbery, kidnapping, burglary, aggravated assault and espionage. In the US, the death penalty is currently authorized in one of five ways: hanging, which has been the traditional method of execution throughout the English-speaking world; electrocution, which was introduced by New York S... ...ting crimes. A sweeping sixty percent don’t think that vengeance is a legitimate reason for killing a murderer. Many court decisions of the 1980s and early 1990s have lowered bars to executions. In 1986 the Court ruled that opponents of executions may be barred from juries in murder cases. The following year the Court ruled that the law may be applied to accomplices in crimes that led to murder, then rejected a challenge to capital punishment based on statistics that indicated racial bias in sentencing. In separate decisions in 1989 the Court decided that the death penalty could be applied to those who were mentally retarded or who were underage, but at least 16, at the time of the murder. In the early 1990s the trend of Supreme Court rulings was to cut back on the appeals that Death Row inmates could make to the federal courts. Capital Punishment Essay -- Death Penalty Capital Punishment is the legal infliction of the death penalty. In the United States capital punishment is legal in thirty-nine of the fifty states. Beginning in 1973, prison populations began an inevitable growth. There were 204,211 inmates in 1973, and by 1977 the number of prisoners had grown to 285,456, which later grew to 315,974 in 1980. By 1976, it was clear that the death penalty had to be reinstated. America’s experiment with capital punishment has resulted in a total of 944 executions, fifty-nine of which took place in 2003. Every year about 15,000 killers are charged and only about 300 wind up on death row. The death row population is constantly increasing. It is now more than 3,000. Because of constant appeals, it takes a person on death row typically between five to eight years to finally get executed. To kill all the prisoners on death row, it is estimated that it would take two executions a day for seven years. Crimes such as aiding in suicide, causing a boat collision resulting in death, forced marriage, procuring an abortion resulting in the death of the mother, espionage, castrating another, rape, homicide, child molesting resulting in death and conspiracy to kidnap for ransom among many others are, in some states, crimes that are punishable by death. What the law permits, however, is not always used by the courts or the executive authorities. Most executions are a result of a murder or rape, and a small number for robbery, kidnapping, burglary, aggravated assault and espionage. In the US, the death penalty is currently authorized in one of five ways: hanging, which has been the traditional method of execution throughout the English-speaking world; electrocution, which was introduced by New York S... ...ting crimes. A sweeping sixty percent don’t think that vengeance is a legitimate reason for killing a murderer. Many court decisions of the 1980s and early 1990s have lowered bars to executions. In 1986 the Court ruled that opponents of executions may be barred from juries in murder cases. The following year the Court ruled that the law may be applied to accomplices in crimes that led to murder, then rejected a challenge to capital punishment based on statistics that indicated racial bias in sentencing. In separate decisions in 1989 the Court decided that the death penalty could be applied to those who were mentally retarded or who were underage, but at least 16, at the time of the murder. In the early 1990s the trend of Supreme Court rulings was to cut back on the appeals that Death Row inmates could make to the federal courts.

Marajuana: Effects And After Affects Essay -- essays research papers

One of the most common illegal drug in the United States is marijuana. There are mixed views about this drug, some people want it legalized, other people don't. In this essay, I hope to display the facts about this illegal narcotic, and explain many vie Marijuana has many different names such as "kif" in Morocco, "doggo" in South Africa and "gangi" in India. There are many slang terms for this type of drug such as "grass," "pot," "weed," "reefer," "mj," "boo," "broccoli," "ace'', "joint," "Colombian" Tetrahydrocnnabinal(THC) was not found until the mid 1960's. Marijuana can be used medically or for an intoxicant. Doctors prescribe it to relieve pain for people in chemotherapy, or with other diseases. During the 1960's and 1970's mainly teenagers used marijuana. In the 1970's 11% said they used it daily, but recently, only about 5% use it daily. In 1975, 27% of people said they used it that previous month, and in 1978, that figure grew to 39%, but dr Rapid, loud talking and bursts of laughter are in the early stages of intoxication and sleepy or stuporous is in the later stages. Forgetfulness in conversation, inflammation in the whites of the eyes and the pupils unlikely to be dilated are in the la &nb...

Learning Communities Essay

Concorde Career Institute Orlando has been an educational institution for over 25 years. This organization provides fast-track, health-related programs in various fields. As with any educational institution, proprietary or not, there are many employees-all part of many different departments. Concorde Orlando has developed of a learning community to some extent, but the findings presented in Assignment Two support a need for further development in many areas. Concorde has committed itself to providing online and in-person training in order to continue to connect members of its current learning community. This training usually covers a variety of different objectives and the training is usually provided by outside companies. By utilizing outside agencies to provide training materials, the needs of the organization and its employees are not being evaluated nor met. A more personalized training, tailored to specific and immediate needs is a must. Stronger leadership and a more cohesive working milieu are also imperative. Concorde’s major concerns should be focused upon its communication and teamwork approach but, there are many more areas of that require attention. A cohesive, functional learning environment takes dedication and time. Once those areas are better executed, it can begin to build upon the foundation it has begun to lay. Concorde Career Institution, as a corporation, makes statements that it supports a mature learning environment. The mission statement seems to promote an idealistic working atmosphere that fosters independent thinking, creativity, and a teamwork approach to education. Reality has proven to be different. A motivated and strong team leader should be put into place-one that can appreciate the benefits of a well-built and maturely developed learning community. Concorde Orlando provides a yearly employee evaluation. This valuation is meant to appraise employee performance, acknowledge strengths and identify weaknesses. The employee evaluates himself, and then subsequently, so does his/her immediate supervisor. Depending on the evaluation’s results, it may produce an action plan. This action plan recognizes areas that need to be improved on, provides a strategy by which to improve them and a date in which a reevaluation should take place. Concorde does not necessarily discuss findings in employee performance evaluations with the employees; therefore organizational expectations are not known. This causes confusion and ambiguity. Many organizations have begun to favor consultants when evaluating employee performance. This can assure independent and neutral employee performance feedback. There is research that supports consulting as a strategy for improving teachers’ implementation of classroom interventions. † Results have supported that internal consultants are able to assess and briefly increase teachers’ treatment integrity with performance feedback† (Sanetti, et. al, 2013). There is a call, however, for organizations to realize that being proactive instead of reactive is a more logical approach when it comes to employee performance. According to a 2012 Global Workforce Study,† a survey of 32,000 employees across 30 countries, calls for employers to focus on engagement. The report defines such engagement as the intensity of employees’ connection to their organization based on three factors: the extent of their discretionary effort committed to achieving work goals, an environment that supports productivity in multiple ways, and a work experience that promotes well-being† (T&D, 2013). This of course will improve overall employee performance and benefits the organization as a whole. The â€Å"group think† theory suggests that people from similar areas of work and backgrounds have ideas that are familiar are accepted without examination, while those that are unfamiliar are rejected without open consideration (Martin, 2006). Groups affected by group think do not tolerate opinions that do not coincide with their own. A learning community can be especially susceptible to group think when its community members are similar in background, shielded from outside opinions, and when there are no clear rules for decision making. At Concorde, group thinking does not habitually exist. Concorde does consider the input of the community, holding biannual meetings in which area affiliates give their input on school progress, its students and offers suggestions for change. This organization seems to value the input and opinions of others. Community members can feel included when they participate in creating the future direction of their learning community. They will make better decisions when they respect social, environmental and economic needs. When a shared vision is used to devise goals that guide local leadership, the community is well on its way to creating a better, sustainable place for the community (Grunkemeyer and Moss, 2010). Shared visions are an important characteristic of any successful learning community. Concorde Orlando is no exception to this fact. This organization has a clear set of goals to accomplish, and department leaders do communicate these company visions with employees. There does not seem to be a comprehensible plan in place, however, as to how to achieve them. Often times, multiple meetings are held in order to impart the company vision community members. Because we live in a world that is constantly changing and moving, organizations are challenged with conditions that seem to change at the speed of light. Often times, initiatives are poorly planned and executed. These errors can cause crippling effects within an organization. More and more, organizations have come to depend on teamwork. According to Ofoegbu, O. , et. l (2012) â€Å"Teamwork may be an appropriate managerial approach to reducing politics by increasing employees’ understanding and control, particularly in organizations whose strategic objectives call for employees to work in teams. † Most modern organizations have realized the value and benefits of teamwork and Concorde Orlando is no exception. Most projects are completed by teams. Most issues are resolved through the input of various community members. Many community outreach activities are also organized and carried out by teams. With enrollments being the number one company goal, Concorde Orlando heavily relies on teamwork in order to achieve this. Unfortunately, inappropriate team leaders are often chosen, resulting in poorly executed plans. This can cause major project delays and â€Å"do-over’s†. Dennis J. Elrod (2012), states that â€Å"Great leaders are always learning, whether it’s from those above them in the hierarchy, their peers, or those they lead. They also don’t let opportunities to improve pass them by, so it pays to always be on the lookout for things that may improve your leadership style. There are many different types of leaders and many different types of leadership styles. Leaders not only concern themselves with the organizational goals, but also about the people who are involved in the process. Autocratic and hierarchical models of leadership dominated many businesses and organizations for years. The workplace environment changes from generation to generation. Today, community members are no longer content to go to work in complete obscurity. Employees want to feel significant, stimulated and challenged. Being an effective leader builds a sense of belonging within its learning community. Effective leaders not only increase employee retention, but also improve employee efficiency. Employees are more willing to follow efficient leaders than non-effective individuals. Choosing the right leader is the difference between success and failure. A great team leader needs to understand the organization’s goals and be able to understand what drivers are needed in order to motivate the team members. It is the leader’s job to ensure that great ideas are smartly implemented. The team leader must be able to sell his vision, the organization’s goals and the rewards reaped from the fruits of their labor. He must be able determine which team member could execute what parts of the project, resolve conflicts, and encourage each team member’s creativity and input. Concorde Orlando has a long standing history of ineffective leadership and a very high turn-over rate. During the last year, there have been several personnel changes in the Campus President, Academic Dean and program director positions. This instability and low employee retention ratio in its leadership roles have compromised Concorde Orlando’s credibility with the student body, its employees and the community. Concorde Career Institute has not been a pioneer in the field of communication. Issues are slow to be resolved, meetings are full of redundant material and there is a general fear of communicating with administrators for fear of retaliation. Great communication starts with listening and observing, and this organization has not trained its leaders to do that. Training is requisite in order to learn how to effectively communicate with others in a work environment. Currently, there is no communication training available at Concorde. The same communication methods that have been in place for years are still practiced today. Reevaluation of these methods is needed in order to have more successful communication within its learning community. Internet access provides opportunities for classrooms throughout the world to communicate and collaborate in real time. In the same way, members of the learning community can experience these open new ways of thinking. â€Å"A compendium of organizations and businesses is dedicated to encouraging an emphasis on skills such as critical thinking, problem solving, computer and technology skills, communication, and self-direction skills in US schools and schools worldwide. The educational challenges of the 21st century open up possibilities that, until now, have been beyond imagination† (Roth, 2010). Concorde does utilize different methods of training its employees in order to maximize learning potential. What seems to have been most successful within this learning community is peer leadership. â€Å"Peer leadership contributes to the success of collaborative group learning† (Popejoy and Asala, 2013). Group learning allows all members to be actively involved. When community members are involved in learning processes with their peers, they are more likely to feel comfortable. Concorde Orlando supports and encourages all types of learning models, therefore increases the chance of successful outcomes. Concorde Career Institute-Orlando could be classified as being well on its way to developing a mature learning community. Though this learning community is fraught with quite a few weaknesses, it also has an impressive set of strengths. As long as someone has the initiative and fortitude to move this community forward, Concorde Orlando can prove to be a great success.