Evidence

Criminal or civil litigation is the last resort for seeking justice from the system. Given the large number of litigation suits filed in democratic countries as the United States, there is a need to seek recompense in justice outside the legal system or before parties concerned agree to bring the issue to a court of law. These measures however need to be institutionalized so that both parties are satisfied with the processes and are encouraged to resolve the matter outside the court of law.

The mechanism of discovery rules is one such instrument which has provided for pre-trial phase in a law suit. The discovery procedure allows the parties in a law suit to request for evidence including documents from the other parties. The law provides for making such requests which could be for production as well as depositions. If required sub poenas can be issued for production of evidence. The discovery rules if used purposefully can lead to minimizing litigations as well as provide justice to litigants.

The aim of the prosecution is to collect sufficient evidence to establish veracity of the case and to ensure justice. However frequently the prosecution acts as an instrument to prove guilt of the accused. This mistaken notion results in subverting the very process that is required to be undertaken under the discovery rules. To avoid this anomaly it is essential that the prosecution discloses all evidence to the accused in a criminal case prior to the trial.

Having so displayed information in all respects, be it exculpatory or inculpatory by the prosecution, the defendant will be able to establish culpability of the offence and in turn decide either to challenge the case or to disclose as much evidence as possible for the prosecution to assess if the case is to be pursued or will achieve the ends of justice. The defendant is granted very justifiably protection under the Fifth Amendment, a privilege of attorney-client relationship as well as against self recrimination because of which he should not be required to disclose evidence to the prosecution.

This ensures that practical problems of implementing discovery rules are overcome. Prosecution can misuse discovery rules to extract maximum evidence regarding the case to strengthen arguments rather than seeking ends of justice. As Stracher (1998) has indicated the best legal minds are involved in manipulation of evidence rather than seeking ends of justice. Thus it would be appropriate for the defendant is able to exercise privileges granted in the present socio-legal environment.

This paper will explore four key pieces of evidence with regards to experiences of people with intellectual disabilities through appreciating evidence for practice. The research cuts across social exclusion in people with intellectual disabilities, substance misuse, personal independence and family involvement. It also looks at the definition for evidence based practice in nursing, evaluating qualitative and quantitative evidence as well as service audit and evaluation in support to Gary Mitchell’s case study.

Evidence Based Practice Evidence based practice is an avenue that ensures best care is given to patients and service users, ensuring that the care that suits their needs is administered based on positive result and practice with regards to feedback from patients/ service users that would reflect in an effective nursing practice (Barker, 2013; Pape, 2003). This definition drives across three components which are research evidence, Clinical expertise as well as “patient involvement”.

Barker, 2013 indicated that nurses should base their practice on evidence in order to improve patient’s safety and the quality of care and be able to make clear and reasonable link between theory and practice. Jolley (2009) article shows that evidence may be limited and may contradict each other and as a result, informed decision and judgment must be made. Quantitative research evidence is a method of inquiry that makes use of post positive claims towards acquiring knowledge for practice (Creswell, 2003).

It is said to be objective as it is used to gain understanding into underlying thoughts, it is also used to quantify evidential problems by way of numerically generating data or data types that are transformed into useable statistics (Bruce, Pope and Stanistreet, 2008) Qualitative research evidence is said to be focused on the thoughts of people, thereby making it to be subjective (Seidman, 2006). It provides insights into the problem as they focus more on the problem.

They often take the form of “what is what has” (Ploeg, 1999). The data collection methods varies as it makes use of unstructured or semi structural methods for data collection. 2. 1 Importance of Evidence Based Practice Evidence based practice in nursing has helped to minimise risk, it has also ensures that patient receive care based on adequate research, eradicating doubts and worries as the evidence would have been tested prior to its publication (Sackett, 2002).

Due to the fact that new evidences and technologies keep emerging, there is need to collate old and current evidence together for effective clinical decision making (Gabby & le May, 2004). Department of Health (2004) indicated that evidence based practice in now part of job description and a gateway to advancement. 2. 2 Locating Evidences While locating materials and evidences for this paper, several methods and approaches were applied.

Such approach was including wildcard characters (*) which were either placed before or after a catch word, like * intellectual disabilities *, *substance misuse *, family involvement and intellectual disabilities*, *social exclusion in people with intellectual disabilities *, *substance misuse & intellectual disabilities, * patient involvement & intellectual disabilities*. An online database such as CINAHL, British Nursing journal was used as it will help to gain access to more resent materials and a bench mark was set with the date so as to get access to most resent materials (Courtney and McCutcheon, 2009) except in cases where there

are no recent materials. Although in some aspect of the search, only limited materials were found that involved intellectual disabilities but disabilities in general. 3 Social Exclusion and People with Intellectual Disabilities (ID) A quantitative systematic report by L. Nicholson & S. A. Cooper, 2013 focused on social exclusion and people with intellectual disabilities, which was a rural – urban comparison.

They carried out their research using a quantitative methodology with their study aimed at comparing indicators of social exclusion of adults with ID living in rural areas compared with urban areas to test if there is a double disadvantage. Their research cut across several journals, research materials and books to support their work. Their participants were recruited from a range of settings, both in the urban and rural with people with ID, not considering a particular age, gender or level of disabilities and their consent was obtained, which is in line with NMC regulation (NMC, 2012).

Both results were statically analysed using statistical package for the social sciences and outliners removed to ascertain their result. It was concluded that social exclusion was more in the urban area than the rural area. The research by L. Nicholson & S. A. Cooper is quite a resent evidence and it can be used to represent to settings, which are urban and rural settings and people with Intellectual disabilities do reside in both type of settings and reaction for different settings on people does differ from one another.

Kenyon et al, 2002 saw social exclusion as ‘The unique interplay of a number of factors, whose consequence is the denial of access, to an individual or group, to the opportunity to participate in the social and political life of the community, resulting not only in diminished material and non-material quality of life, but also in tempered life chances, choices and reduced citizenship’ (Kenyon et al, 2002). World Health Organisation defined intellectual disabilities as ‘a significantly reduced ability to understand new or complex information and to learn and apply new skills (impaired intelligence).

This results in a reduced ability to cope independently (impaired social functioning), and begins before adulthood, with a lasting effect on development’ (WHO, 2012). Social exclusion was also noted in the aspect were employers attitude may also affect the likelihood of a person with intellectual disability to obtain and retain employment, it was also noted that people with disabilities are more likely to have restricted social networks, looser ties with their local community, experience bulling and being victim of crime (NCB, 2007, ILCDP, 2004).

These definitions does emphasise on most major aspect of social exclusion on Intellectual disabilities as they have been excluded from some aspect of activities because people thought that they lack the ability to make informed decision. 3. 1 Substance Use and Misuse Research has shown that most people with Intellectual disabilities or disabilities, sometime result to substance use / misuse in the community by trying to engage in similar life style with other non-disable persons and that substances could also be used as a coping mechanism from stress encountered during their day to day living in the community (Sturmey et al.

, 2003, Stavrakaki, 2002). They could also use substances as a means to fit into the community, whereby socialising and making new friends in the community (Degenhardt, 2000). Research has shown that substance use does not equate to misuse but in some cases, it has lead to abuse / misuse of substances. Slayter (2010), quantitative review of Medicaid healthcare billing claims, it was concluded that 2. 6% of all people with ID had a diagnosable substance abuse disorder. Sturmey et al.

, (2003) also indicated that the use of illicit substances in people with ID can be associated to their local community, its availability and the individual themselves. 3. 2 Independence / Choice Most people with Intellectual disabilities complain of not being given the choice in decision making over some certain issues. In a research carried out on choices by Growing older with an intellectual disability in Ireland, (2011), it was indicated that three quarters 75. 4% reported having no choice in relation to where they lived and 85.

5% regarding where they lived and whom they lived with. Just as the position of Gary Mitchell in his case study where he indicated that he would have loved to live close to his sister if given the choice. The research by IDS-TILDA, 2011, only based their research on 240 participants. It did not base its research on gender which made it acceptable for generality of people with Intellectual disabilities. McClimens & Hyde, (2012), in the issue of choice noted that if choice does not give optimal result for non-intellectual disable people then

its sufficiency as a vehicle for optimising the rights of people with ID is highly questionable. In another development, it was noted that some people with Intellectual disabilities can not tae or make informed decision in the area of choice that would improve their quality of life (Schelly, 2008). 4 Family Involvement in Care Most people with ID find family support in their care very handy, in a research by IDS-TILDA (2011), it was noted that people with ID living with family indicated that that they had fewer difficulties as family members helped to manage some area of their life that they had difficulty.

Families also play fundamental roles in development and inclusion in the society (Council of Europe 2006). Another research indicated that all disable children should live with their own family, which is seen as the natural development for growth and wellbeing of a child (people with disability), unless there are circumstances that prevent it (Council of Europe 2006). Most people with ID would have loved to be quite close to or live with a family member that they felt happy together so as to get some support and assistance from them to make their life happy as was discussed in a case study by Gary Mitchell.

AHRQ (2012) quantitative research indicated that family involvement and participation in patients care could lead to better patient experiences and outcomes as the best and appropriate care with improved safety and support would be given to the patient. The research also noted that family involvement in patient’s care can improve communication and help to facilitate a better understanding between the patient and its care. 5 Conclusion It is obvious that without evidence based practice in nursing, quality care would not be provided to service users because of the lack of qualitative and quantitative research to make reference to.

Several researches show that people with intellectual disabilities have been socially excluded in the community in one way or the other by people with no disabilities, community and government in some cases. According to Sturmey et al (2003) and Stavrakaki (2002), victims of ID tend to get involved in substance use / misuse due to their experiences and pressure from the community which eventually lead to substance addiction and or abuse in some cases. However, there is positive impact on ID victims when they interact with people with no disabilities as they cope easier and manage stress more effectively (Hartman, 2004).

The research in this article has shown that everyone would like to have some choice and control over their lives and activities as it does help to add some quality over daily living. However, would everyone with ID be able to make informed decision for their day to day living? That is a question that should be addressed for autonomous power of choice to be handed out. The impact of family members is of great importance in the rehabilitation of ID victims and helps in reducing the risk of substance use / misuse (AHRQ, 2012) thereby creating room for quick recovery.

It can be recommended to base our care on the most recent, up to date evidence based practice with the evaluation of evidences for its weaknesses and strengths. Research has also found that there could be some setback to evidence based practice due to a lack of understanding of the material, lack of adequate time to spend reviewing the materials and unable to effect a change and peoples attitude towards accepting a change or skills (Glazious and Haynes, 2005).

Giulia seems to be excited about the opportunity to own her own business doing something that she loves. There is a high level of uncertainty here in whether or not Giulia would make a profitable business. It seems that there is room for improvement in the current operations since all 6 workers were cross trained and they were currently only busy for about one weeks worth of labor time per month. Giulia does have an MBA and may be able to recognize ways to use the resources more efficiently and keep production costs down.

Giulia will need to practice her strategic thinking to determine how to balance the resources on hand to make this situation work. If she can offer the units for $11.70 or higher, she may be able to maintain the business but she will need to drive down the production costs to sustain profits. If any equipment needs repairs or the building needs renovations, those costs are not going to be covered under her current pricing plan. Also, if production increases, variable costs may also increase so it will be important for Giulia to pay close attention to this.

After reading the case we identified the following risks;

1) Graduate School/ MBA: The case takes place as Giulia is returning from summer break after her first year. Given the intense work load of an MBA program and the workload requirements of a startup/expansion, we have to question if she can do both effectively. Quantitative Analysis: LOW…. This is more of a time and lifestyle concern.

2) Loss of the single customer contract: Anytime a business is relying on a single customer it’s a risk. Giulia is using the cash flow from this customer to support the new venture. There is not a strong history here for her to count on and lack of data increases risk. In addition she also is highly at risk should her customer go out of business or find another supplier; she would be hard pressed to meet her monthly burn rate.

In fact there is no evidence in the case that her business could survive without that contract. Quantitative Analysis: HIGH….. The key issue here is that the business is running on very thin margins and the cash flow from this customer is critical for Giulia to cover her fixed and variable costs. There is no evidence that she has cash reserves or any access to investors.

3) Employee/Operations issues: Giulia has no experience in this industry and we have no evidence that she has ever managed people or managed a manufacturing process. Due to her thin margins any interruption in production would be devastating. Quality is a huge concern here and although her team is “cross trained” on all the equipment it’s reasonable to assume that there will be employee turnover.

She will need to replace them and we don’t know what they training cycle is and how it will impact production and quality. Qualitative Analysis: HIGH…… Production ties directly to the ability to fulfill the contract. This contract is key to her cash flow and the margins are small. Giulia needs to determine the new employee training cycle and factor that into production and cash flow projections.

4) Increased Costs: If Giulia experiences an increase in production or fixed costs she is in a very risky situation. Her margins are thin and we have no evidence of cash reserves. Qualitative Analysis: HIGH….. Any increase to costs cuts into margins. Giulia is not in a position to handle such increases.

5) Re negotiation or delays on the single contract: The single customer could ask for a lower price point, lower volume or attempt to renegotiate payment terms. Qualitative Analysis: HIGH….. As we have seen a key concern in this case are the margins. Any decrease in price or payment schedule will have a direct impact on Giulias ability to cover her costs

Introduction

Email is a crucial means of communication in modern digital era. It is widely used to communicate personal, business and other sensitive information across the globe in a cost effective manner (Burns, 2006). Communication via email is vulnerable to various kinds of attacks, making it a likely target for those with criminal intent (Internet Crime Complaint Center [IC3], 2009). Private email communication between two or more known associates can be easily protected through security mechanisms such as tunneling and encryption. However, the majority of the e-mail communication over the Internet occurs between unknown people while public e-mail still faces various security threats.

E-mail, like any other communication activity over the Internet, can be traced back to its originator through various methods. This forms the basics of email forensics; enabling the collection of digital evidence against those who use e-mails to commit crimes. Digital evidence helps identify and trace back the originator of an e-mail attack. Due to the enormity of the Internet, the most important issue in determining the location of an e-mail attacker is to narrow down the search for the location of the attacker. This research proposes the implementation of ‘hop count distance’ method which would use the Time-to-Live (TTL) field in Internet Protocol packet to narrow down the location from where an attack is originated.

Project Background

Due to the widespread use of e-mail communication, individuals often have their own personal accounts along with those related to work. Workplace mailboxes and emails service providers store hundreds of thousands of emails. Hence most of the popular e-mail forensic applications such as encase, Nuix Forensics Desktop, x-ways forensics, Forensic Toolkit (FTK), Intella, etc., are aimed at searching millions of emails. These forensic application and others are also equipped with the capability of recovering deleted emails. These programs enable the collection of digital evidence through the recovery of email messages or email addresses related to any criminal activity. They do not trace back the email to its originator in terms of physical location of the attacker. Investigators rely on other email trace back applications to determine the location from where the email was sent. Most of the email trace back applications depend upon the Internet Protocol (IP) address of the source stored in the header of the email to determine the exact location of the originator. This technique works fine, however almost all malicious activity over the email is performed using spoofed IP address which negates the usability of tracing the source through IP address.

There are several IP trace back mechanisms that can find the source of the attack despite the IP address being spoofed in case of Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks (Karthik, Arunachalam, & Ravichandran, 2008). Although these mechanisms such as iTrace or PPM are highly efficient in determining the source of the attack, their complexity and high resource requirements for tracing the source renders them very improbable for being used as email forensic mechanisms. Thus there is a need to determine a resource efficient and simplistic solution for tracing the source of an email attack with a spoofed IP address.

Solution Outline

This study proposes a hop-count-based source-to-destination distance method for developing a simplistic and efficient trace back mechanism for tracing the source of an email attack with a spoofed source IP address. This mechanism is based on the hop count value (the intermediate devices between the source and the destination through which a set of data passes) stored inside the Time-to-Live (TTL) field in the IP packet to estimate the distance and subsequently the approximate location of the origin of the email (Wang et al., 2007). The hop-count-based source-to-destination distance can be worked out just within a minute after confining a single IP packet. The approximate location of the source of an email with a spoofed IP address can be located with a single day. The hop-count-based source-to-destination distance method cannot find the exact location of the source; however, it can prove to be an important tool in slimming down the scope of the search to aid further investigation and trace back process. Furthermore, the hop-count-based source-to-destination distance method can be applied in tracking various other attacks.

Project aims and Objectives

Currently, there are several IP trace back mechanisms that are designed to trace IP address in case of DoS or DDoS attacks over the Internet. These mechanisms require either a lot of resources or complicated network designs during trace back. The objective of this study is to propose a mechanism that fills the gap between resource-hungry and complicated trace back mechanisms.

Project Deliverables

This project will deliver a detailed report of the designed mechanism as part of the finding and analysis of a dissertation along with all its relevant components.

References

Burns, E. (2006). New online activities show greatest growth. Retrieved October 3, 2009 {online} http://www.clickz.com/3624155 (cited on 23rd Oct, 2012)

Internet Crime Complaint Center (IC3). (2009). IC3 2008 annual report on Internet crime released. Retrieved October 3, 2009 {online} http://www.ic3.gov/media/2009/090331.aspx (cited on 23rd Oct, 2012)

Karthik, S., & Arunachalam, V. P., & Ravichandran, T. (2008). A comparitive study of various IP traceback strategies and simulation of IP traceback. Asian Journal of Information Technology, 7(10), 454-458. Retrieved September 30, 2009 {online} http://docsdrive.com/pdfs/medwelljournals/ajit/2008/454-458.pdf (cited on 23rd Oct, 2012)

Wang, H., & Jin, C., & Shin, K. G. (2007). Defense against spoofed IP traffic using hop-count filtering. Retrieved October 1, 2009 {online} http://www.cs.wm.edu/~hnw/paper/hcf.pdf (cited on 23rd Oct, 2012)

Charles Bobb ALS 101 Professor Jeffrey Levine December 2, 2009 Talent Is Overrated What Really Separates World- Class Performers from Everyone Else By. Geoff Colvin Senior Editor at Large, FORTUNE Talent Is Overrated” by Geoff Colvin is a motivating book that puts outstanding performance into view. It presents a solid case that great performance does not come primarily from innate talent, or even hard work, as is supposed by most people.

The realistic value of the book comes from the practical function of the thesis. In talking about world class figure skaters, he said that top skaters work on the jumps they are worst at, whereas average skaters work on those they are already good at. In his words, “Landing on your butt twenty thousand times is where great performance comes from. ” Each of those hard landings is able to teach a lesson. Those who learn the lesson can move on to the next hard lesson. Those who don’t pay the price and learn the lesson never progress beyond it.

In other words, hard work and dedication is necessary but not sufficient in itself for developing higher level performance at any endeavor. All great performers get that way by working long and hard, but hard work and long hours obviously don’t make people great. Many people work long and hard and stay mediocre. The meat of the book describes what the author calls deliberate practice, and presents supporting evidence in a convincing manner. It matters what kind of practice, not just how long and how much sweat is spilled.

Supportive on definition of innate talent Before considering evidence for and against the talent account, we should be as clear as possible about what is meant by “talent”. In everyday life people are rarely precise about what they mean by this term: users do not specify what form an innate talent takes or how it might exert its influence. Certain pitfalls have to be avoided in settling on a definition of talent. A very restrictive definition could make it impossible for any conceivable evidence to demonstrate talent.

For example, some people believe that talent is based on an inborn ability that makes it certain that its possessor will excel. This criterion is too strong. At the other extreme, it would be possible to make the definition of talent so vague that its existence is trivially ensured; talent might imply no more than that those who reach high levels of achievement differ biologically from others in some undefined way. Yet those who believe that innate talent exists also assume that early signs of it can be used to predict future success. 1) There are many reports of children acquiring impressive skills very early in life, in the apparent absence of opportunities for the kinds of learning experiences that would normally be considered necessary. (2) Certain relatively rare capacities which could have an innate basis (e. g. , “perfect” pitch perception) appear to emerge spontaneously in a few children and may increase the likelihood of their excelling in music. (3) Biological correlates of certain skills and abilities have been reported. 4) Some especially compelling data comes from the case histories of autistic, mentally handicapped people classified as “idiot’s savants. ” Practice makes perfect The best people in any field are those who devote the most hours to what the researchers call “deliberate practice. ” Its activity that’s explicitly intended to improve performance that reaches for objectives just beyond one’s level of competence provides feedback on results and involves high levels of repetition.

For example: Simply hitting a bucket of balls is not deliberate practice, which is why most golfers don’t get better. Hitting an eight-iron 300 times with a goal of leaving the ball within 20 feet of the pin 80 percent of the time, continually observing results and making appropriate adjustments, and doing that for hours every day – that’s deliberate practice. Consistency is crucial. As Ericsson notes, “Elite performers in many diverse domains have been found to practice, on the average, roughly the same amount every day, including weekends. Evidence crosses a remarkable range of fields. In a study of 20-year-old violinists by Ericsson and colleagues, the best group (judged by conservatory teachers) averaged10, 000 hours of deliberate practice over their lives; the next-best averaged 7,500 hours; and the next, 5,000. It’s the same story in surgery, insurance sales, and virtually every sport. More deliberate practice equals better performance. Tons of it equals great performance. Tiger Woods is a textbook example of what the research shows.

Because his father introduced him to golf at an extremely early age – 18 months – and encouraged him to practice intensively, Woods had racked up at least 15 years of practice by the time he became the youngest-ever winner of the U. S. Amateur Championship, at age 18. Also in line with the findings, he has never stopped trying to improve, devoting many hours a day to conditioning and practice, even remaking his swing twice because that’s what it took to get even better. The business side The evidence, scientific as well as anecdotal, seems overwhelmingly in favor of deliberate practice as the source of great performance.

Just one problem: How do you practice business? Many elements of business, in fact, are directly practicable. Presenting, negotiating, delivering evaluations, and deciphering financial statements – you can practice them all. , they aren’t the essence of great managerial performance. That requires making judgments and decisions with imperfect information in an uncertain environment, interacting with people, seeking information – can you practice those things too? The first is going at any task with a new goal: Instead of merely trying to get it done, you aim to get better at it.

Report writing involves finding information, analyzing it and presenting it – each an improbable skill. Chairing a board meeting requires understanding the company’s strategy in the deepest way, forming a coherent view of coming market changes and setting a tone for the discussion. Anything that anyone does at work, from the most basic task to the most exalted, is an improbable skill. Why? For most people, work is hard enough without pushing even harder. Those extra steps are so difficult and painful they almost never get done. That’s the way it must be. If great performance were easy, it wouldn’t be rare.

Which leads to possibly the deepest question about greatness? While experts understand an enormous amount about the behavior that produces great performance, they understand very little about where that behavior comes from. The authors of one study conclude, “We still do not know which factors encourage individuals to engage in deliberate practice. ” Or as University of Michigan business school professor Noel Tichy puts it after 30 years of working with managers, “Some people are much more motivated than others, and that’s the existential question I cannot answer – why. The critical reality is that we are not hostage to some naturally granted level of talent. We can make ourselves what we will. Strangely, that idea is not popular. People hate abandoning the notion that they would coast to fame and riches if they found their talent. But that view is tragically constraining, because when they hit life’s inevitable bumps in the road, they conclude that they just aren’t gifted and give up. Maybe we can’t expect most people to achieve greatness. It’s just too demanding. But the striking, liberating news is that greatness isn’t reserved for a preordained few.

It is available to you and to everyone. A Mnemonic System for Digit Span: One Year Later. (2002) | * Chase, William G. , * Ericsson, K. Anders| Abstract| With 18 months of practice on the digit-p task, a single subject has shown a steady improvement from 7 digits to 70 digits, and there is no evidence that performance will approach an asymptote. Continuous improvement in performance is accompanied by refinements in the subject’s mnemonic system and hierarchical organization of his retrieval system. (Author).

Presented at the Annual Meeting of the Psychonomic Society, (20th), Phoenix, AZ, 8-10 Nov 79. | Talent without deliberate practice is latent” and agrees with Darrell Royal that “potential” means “you ain’t done it yet. ” In other words, there would be no great performances in any field (e. g. business, theatre, dance, symphonic music, athletics, science, mathematics, entertainment, exploration) without those who have, through deliberate practice developed the requisite abilities Colvin duly acknowledges that deliberate practice “is a large concept, nd to say that it explains everything would be simplistic and reductive. ” Colvin goes on to say, “Critical questions immediately present themselves: What exactly needs to be practiced? Precisely how? Which specific skills or other assets must be acquired? The research has revealed answers that generalize quite well across a wide range of fields. Talent is overrated if it is perceived to be the most important factor. It isn’t. In fact, talent does not exist unless and until it is developed… nd the only way to develop it is (you guessed it) with deliberate practice. Colvin commits sufficient attention to identifying the core components of great performance but focuses most of his narrative to explaining how almost anyone can improve her or his own performance. He reveals himself to be both an empiricist as he shares what he has observed and experienced and a pragmatist who is curious to know what works, what doesn’t, and why. I also appreciate Colvin’s repudiation of the most common misconceptions about the various dimensions of talent.

For example, that “is innate; you’re born with it, and if you’re not born with it, you can’t acquire it. ” Many people still believe that Mozart was born with so much talent that he required very little (if any) development. In fact, according to Alex Ross, “Mozart became Mozart by working furiously hard” as did all others discussed, including Jack Welch, David Ogilvy, Warren Buffett, Robert Rubin, Jerry Rice, Chris Rock, and Benjamin Franklin. Some were prodigies but most were late-bloomers and each followed a significantly different process of development.

About all they shared in common is their commitment to continuous self-improvement through deliberate practice. Colvin provides a wealth of research-driven information that he has rigorously examined and he also draws upon his own extensive and direct experience with all manner of organizations and their C-level executives. Throughout his narrative, with great skill, he sustains a personal rapport with his reader. It is therefore appropriate that, in the final chapter, he invokes direct address and poses a series of questions. What would cause you to do the enormous work necessary to be a top-performing CEO, Wall Street trader, jazz, pianist, courtroom lawyer, or anything else? Would anything? The answer depends on your answers to two basic questions: What do you really want? And what do you really believe? What you want – really want – is fundamental because deliberate practice is a heavy investment. ” Corbin has provided all the evidence anyone needs to answer those two questions that, in fact, serve as a challenge.

It occurs to me that, however different they may be in almost all other respects, athletes such as Cynthia Cooper, Roger Federer, Michael Jordan, Jackie Joyner-Kersee, Lorena Ochoa, Candace Parker, Michael Phelps, Vijay Singh, and Tiger Woods “make it look so easy” in competition because their preparation is so focused, rigorous, and thorough. Obviously, they do not win every game, match, tournament, etc. Colvin’s point (and I agree) is that all great performers “make it look so easy” because of their commitment to deliberate practice, often for several years before their first victory.

In fact, Colvin cites a “ten-year rule” widely endorsed in chess circles (attributed to Herbert Simon and William Chase) that “no one seemed to reach the top ranks of chess players without a decade or so of intensive study, and some required much more time. ” The same could also be said of “overnight sensations” who struggled for years to prepare for their “big break” on Broadway or in Hollywood. | The book adds a few paragraphs or two to the Jack Welch entry in the annals of business history. Neutron Jack” kept people from getting too comfortable, once explaining that it wasn’t 100,000 General Electric (GE) employees he eliminated, it was 100,000 GE positions. His radioactive personality aside, Welch had remarkable success grooming top corporate leaders. The equity value of companies run by Welch’s proteges – including GE, 3M, Home Depot and Honeywell – may well exceed some national budgets, so it is interesting to learn what qualities Welch encouraged as a mentor.

Welch’s “4E’s” of leadership help explain how he generated so much value over the years for his grateful shareholders. Krames extracts leadership ideas from Welch’s track record and makes them quick and handy. Although the book is more useful than original, we find that the articulation of the 4E’s, and the profiles of Welch’s proteges make it a solid addition to any business library. Colvin leaves no doubt that by understanding how a few become great, anyone can become better… and that includes his reader.

This reader is now convinced that talent is a process that “grows,” not a pre-determined set of skills. Also, that deliberates practice “hurts but it works. ” Long ago, Henry Ford said, “Whether you think you can or think you can’t, you’re right. ” It would be “tragically constraining,” Colvin asserts, for anyone to lack sufficient self-confidence because “what the evidence shouts most loudly is striking, liberating news: That great performance is not reserved for a preordained few. It is available to you and to everyone. “

A Critically Reflective Approach To Evidence-Based Practice

A Sample of School Social Workers Michelle Bates Definitions of EBP

The first type of definition implies that practitioners are recipients of existing research knowledge. These definitions of evidence-based practice represent a deterministic, prescriptive approach to practice. According to these definitions, knowledge is created by researchers, and handed to practitioners to be applied in practice situations.

The second type of definition suggests that practitioners investigate practice problems, and assess research in accordance with their clinical judgment and then, thirdly, collaborate with their clients Some authors define evidence-based practice with a focus not on the research, but rather on the practitioner; on her or his professional judgment, skills, and knowledge acquisition processes.

These distinctions regarding the evidence and the role of the practitioner, are but one area of debate concerning evidence-based practice. vidence-based practice generally understood effort to direct practitioners to base their interventions upon formal research, promising benefits to both clients and practitioners.

Emergence of EBP in Social Work

During the empirical practice movement questions about the credibility, effectiveness, and efficacy of social work have been raised. EBP emphasizes science, and, by lessening reliance on professional judgment; offers a sense of certainty about social work interventions. Some authors suggest that evidence-based practice in particular is tied to neo-liberalism.

In this context, evidence-based practice ensures that social workers provide high-quality services effectively * The public’s reluctance to accept social work’s authority has forced social work, like many other professions, to adopt evidence-based practice as a new mechanism of trust Beginning in the 1990s, public cynicism concerning the welfare state and “expert systems” led many to doubt the validity of social work interventions

Government cutbacks and a demand from funding bodies for accountability and efficiency have also necessitated the adoption and implementation of evidence-based practice.

Quality and accountability have become the watchwords of health and mental health services” Governments and agencies embraced evidence-based practice as a method of ensuring quality services and demonstrating accountability in service delivery The Promises of EBP for Clients and Social Workers Promises made by proponents of evidence-based practice are numerous. Supporters of EBP claim that clients will receive better services, occupy a more egalitarian position, and are less likely to be harmed when practitioners use evidence-based practices.

For social workers themselves, protection from lawsuits, enhanced job security and service funding, increased professional confidence, and improved professional status and credibility are promises associated with evidence-based practices. Many authors argue that reliance on research evidence leads to better decision-making by social work practitioners and, results in, improved services. It is also claimed that clients, able themselves to access the ‘evidence’, will achieve greater equity with professionals. Numerous authors assert that EBP is the most ethical way to practice.

Gambrill (2003), in her support of EBP, suggests that social work practice that is not evidence-based may potentially be harmful to clients Barriers to Using Evidence For some other authors, despite an increasingly available literature concerning evidence-based practice, dissemination studies reveal that social work practitioners have been neither accessing nor implementing the available evidence, for some, EBP remains overwhelming, unclear, or irrelevant. Barriers to the implementation of evidence-based practice include social workers’ doubts about the applicability of research findings to practice settings questions about practitioners’ ability to read and interpret research findings

1. practitioners’ scepticism about research specifically
2. their reluctance to change generally, practitioners’ lack of time to review the literature
3. ideological debates about the nature of social work and its incompatibility with positivist research

Applicability of Research Findings to Practice Settings

There is a significant disconnect between treatments established in the laboratory and the everyday use of these treatments Practitioners, keenly aware of this discrepancy, have been suspicious of evidence-based practices The Research

In the absence of literature from practicing social work practitioners, this research sought to discover and understand their opinions and experiences with evidence-based practice. School social workers are an especially appropriate focus of attention because

1- They are practicing in environments that emphasize effective service delivery with improved service outcomes.

2- Additionally, EBP is endorsed as a practice framework by many Ontario School Boards and school social work practice associations Methods qualitative research project; semi-structured interview

Social workers were asked for their definition of evidence-based practice, what they either liked or disliked about EBP, what influenced them to either use or not use EBP, and what were the challenges, risks or gains in either using or not using EBP for themselves, their department or the profession.

All participants held MSW degrees and RSW designations.

Two of the social workers were employed by Catholic school boards and the other two by public school boards.

All of the participants worked within urban school settings in cities that ranged in size from 200,000 to 500,000 people

One social worker worked within a fairly affluent and culturally homogeneous community, and the remaining three in schools that represented economically and culturally diverse communities. One participant was a manager, and the remaining three participants were front-line practitioners.

Participants ranged in their years of experience as a school social worker from 2 years to 21 years.

Participants’ experiences with evidence-based practice varied. Two participants were extremely familiar with evidence-based practice, and the other two participants knew about it, and described themselves as having a beginning understanding of what it meant.

Their employers’ organizational embrace of evidence-based practice varied as well. One board was silent, two were in the early stages of investigating it and one Board has endorsed the use of evidence-based practices wholly.

Findings

A. Benefits of using evidence-based practice as prescribed: Several benefits emerged from the participants’ experiences of using evidence-based practice “as prescribed. “

1- Every participant identified how evidence-based practices usefully informed and guided their activities with individual clients. These activities included the issues or problems that social workers explored, the questions subsequently formulated and asked, and the interventions chosen.

2- Evidence-based practices were also used to guide the selection of group models and various protocols, as noted by two of the social workers.

3- All participants indicated that using evidence-based practices provided them with a sense of certainty about their own practice.

4- Three of the four participants specifically stated their desire to know that what they did made a difference to clients. Using evidence-based practice was perceived as a means of ensuring that the interventions they were providing were effective

5- All participants indicated that using evidence-based practice improved their professional credibility.

6- The other two social workers believed that using evidence-based practices would improve the profile of their department within the school board and would also create a higher profile and better public persona for all social workers.

B. Tensions arising from the use of evidence-based practices as prescribed:

Rigidity versus flexibility :

Ensuring that their interventions fit for clients was an overriding concern for all of the participants, and was expressed as a tension between implementing rigid evidence based practices versus the need to be flexible with clients based upon the uniqueness of each individual client and his or her situation. Three of the four participants were also cognizant of the fit, or lack of it, of evidence-based practices with their organizations or settings.

Formal knowledge versus practice knowledge :

All of the participants made a distinction between formal knowledge and their practice knowledge. Each one of them revealed a tension between these two kinds of knowledge and all of them talked about valuing their own practice knowledge. Despite the benefits they identified of using formal knowledge derived from evidence-based practice, these participants continued to believe in the value of their practice knowledge.

The tension between formal knowledge and practice knowledge is reflected in this social worker’s comment: “I would hate to become so single-minded that I’m sitting in a meeting saying, ‘well, based on the evidence that…. ‘ So I use both [practice and formal knowledge], and I’m not apologetic that I use both. ” Not only did all of the participants in this study use both kinds of knowledge; they resoundingly claimed the value of their practice knowledge.3. Results versus improvement and change :

All of the participants were keenly aware of their desire to know the results of their interventions with clients, and hinted at the pressures they felt to be producing changes for their clients. In other words how clients perceive their gains is more meaningful than what would be reflected according to a particular measure or assessment instrument. Three of the four participants were steadfast in their acceptance of their clients’ definitions of improvement and change, rather than relying on pre-determined outcomes.

Method/technique versus relationship :

Every participant noted that the relationship with the client was more important than the particular technique use.

Only in the context of a meaningful relationship with clients could evidence-based practices be shared and used meaningfully. In other words, the relationship provides the context in which evidence-based information can be shared and used meaningfully.

Adapting evidence and evidence-based practice :

participants revealed how they are using evidence and evidence-based practices in adaptive and creative ways.

This has led to a redefining of evidence and the uses of evidence-based practice for school social workers. 6- Adaptations to local context: Much often evidence-based practice literature sees it as problematic that front-line practitioners alter evidence-based practices when they implement them into practice settings. Contrary to the literature, every one of these practitioners saw adaptations to the local context as not only a necessity, but also an asset.

Redefining Evidence:

Information from these participants indicates that they have a broad definition of evidence-based practice that incorporates evidence from a wide variety of sources, including their practice experience. As noted in the literature review, there are numerous definitions of evidence-based practice that reflect either a dependency upon formal research, or suggest that evidence based practice is a process of knowledge acquisition.

These social workers conceptualize evidence in its broadest sense, and as a result, their definitions, and their practice based upon those definitions, represent a de-mystifying of evidence as it is constructed in the dominant discourse on evidence based practice.

Evidence and evidence-based practice as power :

The various social, economic and political contexts that have give rise to the emergence of evidence-based practices have created a powerful paradigm, a political economy of evidence-based practice.

Interestingly, all research participants talked about their different uses of evidence and evidence-based practice within different contexts. In this way, social workers are negotiating power through their definition of evidence, and their strategic use of both evidence-based practice and the language of EBP. One of participant’ definition of evidence holds different currency with different audiences.

Within organizational structures that are determining funding and service levels, formal knowledge is seen as more reliable and valid therefore, the language of evidence-based practice is used to provide proof or support of the request for continued or additional service. From the data, social workers have indicated that they use the language and power of evidence-based practice to meet a variety of needs. all participants noted how the language of evidence-based practice was used to provide proof of the value of social work services.

Because school social work is offered within a secondary setting, participants were acutely aware of the need to prove the value of their service and how it supports the goals of the school board to retain students in school and to improve their academic achievement.

Discussion and implications

1- Much of the mainstream EBP literature suggests that social workers have been ambivalent or reluctant to adopt evidence-based practices due to limitations of their skills, time and resources, or their beliefs and attitudes. This study, however, in keeping with important critiques of EBP, confirms that social workers identify important tensions between the dominant discourse of EBP and social work practice values.

2- A key tension for social workers centred on the value placed upon formal knowledge versus practice knowledge. This is reflected in the epistemological debate concerning the definition of evidence. The discourse on evidence-based practice is situated within a narrow, prescriptive, and scientifically defined construct about what constitutes evidence and how that evidence should be used. Evidence-based practice has been criticized for minimizing practitioner knowledge. As Holloway (2001) observed, evidence-based practice, “imposes a paradigm for what counts as legitimate evidence that is external to the practices and ways of knowing of the many professionals” Within the paradigm of evidence-based practice, the definition of evidence is crucial to understanding what kinds of knowledge are accepted and valued, and what kinds of knowledge are dismissed. The evidence-based paradigm further means that certain treatments are endorsed as evidence-based, and others are not. Social workers in this study believed in, relied upon, and valued their practice knowledge, when the literature was absent on the practice issue, when they were applyingthe evidence-based literature and when their knowledge was contrary to the literature.

3- Social workers in this study also described the tension they felt between rigid adherence to manualized protocols required of evidence-based practices and the need to be flexible in response to their individual clients’ needs. This tension is reflected in the critiques of the evidence-based practice research. Many authors have been critical of the artificial results created within highly controlled laboratory settings.

4- Evidence-based practice has also been criticized for ignoring and negating the nature of social work practice. Social workers interviewed in this study consistent with critiques of EBP, the problem with the current discourse of evidence-based practice is that it reduces understanding of the complexity of human experience in the real world, ignores the realities of practice settings, and negates the practice knowledge of social workers.

Social workers also revealed how they negotiate power through their definition of evidence, and their subsequent strategic and creative use of both evidence-based practice and the language of EBP. Social workers use the language and persuasive discourse of EBP with management and funding bodies to provide accountability for services provided, proof of the value of social work services, and rationales for continued or increased service levels. With colleagues, using the language of EBP provides the practitioner with the voice of authority.

The literature on evidence-based practice often advocates either for or against EBP. Interestingly, this research shows how social work practitioners can simultaneously appreciate and benefit from EBP while also questioning and adapting it.

School social workers from this study value both formal and informal knowledge, and creatively use their different kinds of knowledge in different contexts 8- Data from this research project identifies how social workers are cultural bridges between the research and practice worlds, two vastly different kinds of evidence, and two different uses of evidence-based practice.

The divide between researchers and practitioners has a long history in social work. And while there have been pleas to respect each other in order to effectively learn from each other researchers, especially within the evidence-based discourse have enjoyed a higher status than practitioners. What this research highlights is that practitioner knowledge is highly valuable knowledge, and should be regarded as such by researchers.

This research also implies that social work practitioners can make valuable contributions to research projects by ensuring that the research is relevant to clients and practitioners by focusing on client needs/experience and insisting that the research takes place in the real world under real life practice conditions.

Introduction to Business Law and Ethics Susana Silvestri Grand Canyon University BUS-340 October 17, 2010 Introduction to Business Law and Ethics Statutory interpretation was critical to the Supreme Court of Colorado’s resolution of a 2007 case, Pringle v. Valdez. Using an online source or sources, locate the Pringle decision. Then do the following: 1. Read Justice Bender’s majority opinion and prepare a case brief of the sort described in this chapter’s appendix on “Reading and Briefing Cases. 2. Read the dissenting opinion authored by Justice Coats. Then prepare a one-page essay that (a) summarizes the principal arguments made in the dissenting opinion; (b) sets forth your view on which analysis—the majority opinion’s or the dissenting opinion’s—is better; and (c) Provide the reasons for the view you have expressed in (b). 1. Case Briefing Pringle v. Valdez 06SC92 (2007) Court: Supreme Court Class: Civil Facts: Pringle lost control of the vehicle while taking Valdez home.

Valdez was not wearing his seatbelt causing a series of injuries when ejected of the vehicle. Valdez requested compensation for impairment and disfigurement, and noneconomic losses. The argument lays on the “Noneconomic losses” which might fall under the “pain and suffering” under the seatbelt defense. Issue: The wording used involving “pain and suffering” and “noneconomic damages” referred to in the Seatbelt defense provision Holding: Awarding of $400,000 for physical disfigurement and impairment. Rule:

The wording in dispute “pain and suffering” and “noneconomic damages” will be further evaluated. Analysis: “Pain and Suffering” and “noneconomic damages” are many times considered to be similar and by studying the demand of the case it can be ruled as been the same but using a different name. Conclusion: Non-award of $100,000 for noneconomic damages. Award of $400,00 for physical impairment and disfigurement. Pringle v. Valdez is obviously at first a case of Majority Opinion which in an appeal court was turned into a dissenting opinion.

Part of the case held while the other was discussed, studied and adjust for an accurate ruling, in order to explain and grant a decision by the jurors and the judge according with the Statutory Interpretation of the case. Mallor, J. P. , Barnes, A. J. , Bowers, T. & Langvardt, A. W. , 2010, p. 24 http://www. courts. state. co. us/Courts/Supreme_Court/opinions/2006/06SC92. pdf Jerrie Gray worked at a Tyson Foods plant where she was exposed to comments, gestures, and physical contact that, she alleged, constituted sexual harassment.

Tyson disputed the allegation, arguing that the behavior was not unwelcome, that the complained about conduct was not based on sex, that the conduct did not affect a term, condition, or privilege of employment, and that proper remedial action was taken in response to any complaint by Gray of sexual harassment. During the trial in federal court, a witness for Gray repeatedly volunteered inadmissible testimony that the judge had to tell the jury to disregard. At one point, upon an objection from the defendant’s counsel, the witness asked, “May I say something here? The judge told her she could not. Finally, after the jury left the courtroom, the witness had an angry outburst that continued into the hallway, in view of some of the jurors. The jury awarded Gray $185,000 in compensatory and $800,000 in punitive damages. Tyson believed that it should not have been liable, that the awards of damages were excessive and unsupported by evidence, and that the inadmissible evidence and improper conduct had tainted the proceedings. What courses of action may Tyson pursue? Tyson Foods entered a trial in a Federal Court after a sexual harassment case was filed.

Tyson Foods follow protocol and tried to solve the issue ahead of time. During trial the witness continued to make comments that were dismissed which were then awarded based on comments made after the hearing was completed and the company was liable to pay almost $1,000,000. 00. Based on Tyson Foods believes they should appeal the Federal Court decision due to the fact that the claims were unsupported by evidence. Also they should add the fact that the inadmissible evidence and improper conduct of the witness had tainted the proceedings issuing an unfair ruling.

You own a consulting firm with 32 employees and annual billings of $29,000,000. One of your clients, whom you bill an average of $1,200,000 annually, has asked you to hire her grandson. You know that the grandson has been recently graduated from a top-20 business school. He is 31 years old, has a solid academic record, and possesses the personal and professional skills to be successful as a consultant. You also know, however, that he is a recovering cocaine addict, having struggled with the addiction for five years prior to his attending business school.

Your firm has a strict no-drugs policy, which you usually interpret to exclude those who previously abused drugs. Using justice theory, justify a decision to exempt the grandson from your firm’s no-drugs policy. Could you make the same decision as a profit maximizer? This decision can doors to law suits for discrimination to previous applicants which applications had been denied. On the other hand, the company has the risk to loose a good client. As owner, I will first make sure to read, examine and adjust any clause related to hiring and the no-drugs policy. The words “recovering” and “recovered” are different.

Hiring someone in the recovering stage, the company is breaking the no-drugs policy. If adjustments are made to the policy to accommodate applicants from this point on that are “recovering” or “recovered” drug addicts, it will be to implementing random drug tests weekly. This will be costly to the firm but will guarantee the no-drug policy to remain unbroken; the potential new employee must agree to this practice and the consequences based on the results. Justice Theory is based on “the protection of those who are least advantaged in society” (Mallor, J. P. , Barnes, A. J. , Bowers, T. & Langvardt, A. W. , 2010, p. 5), making changes and adjusting the policy will fall under this category. Giving a second chance to those in disadvantage in society. Maximizer “requires a decision maker to maximize a business’s long-run profits within the limits of the law”(Mallor, J. P. , Barnes, A. J. , Bowers, T. & Langvardt, A. W. , 2010, p. 95) if this potential employee is capable to obey the policy and continue a successful recovery it could mean a win-win situation. You are assigned by your employer, Jay-Mart Corporation, an international discount retailer, to supervise the construction of ten new retail superstores in Shanghai, China.

All construction is being done by a Chinese-owned contractor in compliance with Ja to those iny-Mart’s construction standards. After an earthquake in China kills over 70,000 people, China’s legislature passes a statute requiring new buildings to have a greater ability to withstand a large earthquake. The Chinese contractor has approached you and suggested that the new Chinese construction standards are unnecessarily high, that Jay-Mart’s construction standards are sufficient to protect against any earthquake likely to occur, and that the cost of complying with the new Chinese construction standards will increase construction costs 20 percent.

What do you do if you believe that ethical behavior requires you to maximize Jay-Mart’s profits? A “profit maximization results in ethical conduct because it requires society’s members to act within the constraints of the law. A profit maximizer, therefore, acts ethically by complying with society’s mores as expressed in its laws. ” (2) (Mallor, J. P. , Barnes, A. J. , Bowers, T. & Langvardt, A. W. , 2010, p. 7) With this in mind the supervisor of the construction site, the decision has to be made were the company’s profit could be reduced to 20% due to the increase of the construction. This change should be shown to the company’s finance department. The profits at short term could be affected by going with the construction based on the laws standards. By actually continue with the original plan the company could be liable to law suits if another natural disaster occur and the construction standards were not followed, this could affect the long run profits of the company.

There are many ways to cut expenses; one that could be proposed can be to build 8 stores instead of the 10 originally proposed, this will absorbed the 20% increase to maintain the project under the stipulated budget without affecting the short term profit.

References Mallor, J. P. , Barnes, A. J. , Bowers, T. & Langvardt, A. W. (2010). Business Law (14th ed. ). Boston, MA: McGraw-Hill Irwin http://www. courts. state. co. us/Courts/Supreme_Court/opinions/2006/06SC92. pdf (Retrieved October 12, 2010)