Compare and Contrast Essay of Rikki Tikki Tavi - 711 Words

Many people assume that the book and movie of the same story are always very similar, but they are incorrect. In my comparison of the short story Rikki-tikki-tavi by Rudyard Kipling and the movie of Rikki-tikki-tavi, I found them to be rather different. There were many minor differences, but the three main topics in the short story that clearly differentiate it from the movie are the setting, the character traits, and the use of humor. The setting in the movie differs from the setting in the short story in a few ways. The setting in the movie dives into larger detail in many of the scenes such as in the beginning flood scene. The flood scene setting in the movie reveals an eerie, strong, storm with a flood that resembles a river and†¦show more content†¦From the very beginning, the character traits in the movie differ from those portrayed in the short story. The ways in which they differ include the various switched roles of characters and other aspects including age and clo thing. One of the switched roles is right in the beginning of the movie when the father lifts up Rikki from the sand, whereas in the short story the mother picks him up. Another switched role would be when Darzee’s wife explains what happened to their baby egg that was eaten by Nag, but in the short story Darzee does the explaining. One last switched role I came across was how Nag is the instigator who wanted to take over the garden, but in the story it is Nagaina. Some other differences include the age of Teddy and the clothing of the family. In the short story, Rudyard Kipling creates Teddy as a young toddler, using words such as â€Å"nursery† to describe the room where he sleeps, but in the movie Teddy appears to be almost ten years old with his fancy clothing and tall height. Surprisingly, the family in the movie wears very nice, neat clothing. This is surprising because of the way Rudyard Kipling describes the setting. With sand, dirt, and a garden, you would pre sume that it would be a humid climate, which would result in the wearing of sandals and shorts. However, in the movie

Private Enforcement of Competition - Free Essay Example

Sample details Pages: 12 Words: 3553 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Level High school Topics: Competition Essay Economy Essay Did you like this example? COMPARATIVE ANALYSIS OF PRIVATE ENFORCEMENT OF COMPETITION LAW INTRODUCTION One of the most important aspects of a robust competition regime is that the persons affected by violations of competition law are adequately and timely compensated.[1] Such actions not only deter anti-competitive behaviour, but also promote consumer welfare.[2] It is common knowledge that competition law directly affects public interest given its repercussions on the market and its participants.[3] However, generally speaking, competition laws do not focus on compensation mechanism for private parties, and focus is more on punishing the violators to curb future violations.[4] It is, therefore, important that adequate provisions are included in competition laws so as to safeguard the rights of private parties. This would help achieve healthy competition and deter unscrupulous business practices that are intended to cheat the consumers so as to control markets.[5] However, with th e rise in anti-competitive agreements and exclusive arrangements entered into between parties, the need to protect the rights of the affected persons assumes greater significance in the present times. This paper attempts to analyse the provisions pertaining to the right of private parties to seek compensation for losses suffered by them owing to anti-competitive behaviour. Don’t waste time! Our writers will create an original "Private Enforcement of Competition" essay for you Create order This paper has been divided into seven parts. Post this introduction, the paper analyses the private enforcement of competition law in the United States of America (US), the European Union (EU), Australia, Japan, China, and India. This is followed by conclusions. UNITED STATES OF AMERICA The US is the only major economy in the world where private enforcement of competition law (i.e., filing of direct claims against competition law violators by parties that have incurred losses due to such violations) is more rampant than public enforcement (i.e., penal action taken against competition law violators by the public regulatory authorities).[6] The role played by private enforcement is, therefore, one of the most important features of the US competition law enforcement.[7] Treble Damage Provision In a majority of countries, public enforcement is the preferred way to enforce competition laws. However, in the US, private parties as well as authorities acting on behalf of such pr ivate parties are entitled to claim damages from the violators.[8] In terms of the Clayton Antirust Act of 1914 (Clayton Act), recovery of damages by any person injured in his business or property by reason of anything forbidden in the antitrust laws  is permitted.[9] This establishes both a private right of action and an award of treble damages (i.e., three times the actual damages).[10] In this regard, the following two key goals have been identified by the US Supreme Court with respect to awarding treble damages in a private action under the Clayton Act: (a) to punish past violations of the law; and (b) to deter future competition law violations.[11] The treble damages provision has become one of the most important tools in the enforcement of competition law in US, resulting in an important deterrent to potential violators.[12] Owing to the punitive nature of the treble damages provision, various US courts have held that this right cannot be waived off by the parties (whethe r contractually or otherwise).[13] Also, the trebling of damages awarded in a competition case takes place automatically, and the jury is not informed of such trebling upfront.[14] Joint and Several Liability Where more than one parties conspire to undertake anti-competitive practices, each one of them is liable for the damage resulting from its actions as well as the damage resulting from the actions of the other conspirators, thereby resulting in a joint and several liability.[15] This liability is akin to the liability of joint tortfeasors, and ensures that the affected party gets adequate compensation. Similar to the treble damage provision, joint and several liability of competition law violators is aimed at deterring anti-competitive behaviour.[16] Before-and-After and Yardstick Methods The objective of damages under US competition law is to ensure that parties affected by anti-competitive behaviour are put into the same position as they would have been had the ant i-competitive behaviour not taken place.[17] This would typically be measured based on the demonstration by the affected party as to how its profits declined in an environment marred by anti-competitive practices as compared to a free and competition friendly environment. Accordingly, the US courts have historically adopted the before-and-after method and the yardstick method for determining the extent of loss caused to the affected party as a result of anti-competitive practices.[18] Under the before-and-after method, the quantum of compensation is measured by analysing the performance of the affected party before and after the anti-competitive practice, and if possible, by analysing as to how the affected party would have performed had the anti-competitive practice not taken place.[19] The yardstick method, on the other hand, uses the performance of businesses that are significantly similar to that of the affected party as a yardstick to establish the extent to which the affected partys business would have performed had the anti-competitive practice not taken place.[20] EUROPEAN UNION Articles 101 and 102 of the Treaty on the Functioning of the European Union (Treaty) set out provisions prohibiting anti-competitive practices in the EU and also permit claims for damages arising out of such anti-competitive behaviour. This forms a key aspect of private enforcement of EU competition law. In terms of Articles 101 and 102 of the Treaty, persons affected by anti-competitive behaviour are entitled to claim damages for the loss incurred by them as a result of such anti-competitive practice. The damages can be sought for actual loss suffered (damnum emergens) as well as the gain which would have been made but for the anti-competitive practice (lucrum cessans) plus interest.[21] In terms of Regulation No 1/2003, the European Commission (EC) and the National Competition Authorities (NCA) are empowered to enforce Articles 101 and 102 of the Treaty.[22] Furth er, the European Commission is empowered to impose fines on undertakings that have infringed these provisions.[23] The enforcement by the EC and NCAs constitutes the public enforcement of the EU competition law. Additionally, rights under Articles 101 and 102 of the Treaty can also be enforced by the courts of the member states. Such enforcement constitutes private enforcement of the EU competition law. The EC and the NCAs are not empowered to award damages to persons affected by anti-competitive behaviour, and the same falls within the powers of national courts set up under applicable domestic laws. Accordingly, whilst the EC and the NCAs ensure public enforcement of the EU competition law, the private enforcement is administered by national courts.[24] Because of the division of powers between the EC and the NCAs on the one hand and the national courts on the other, private enforcement of competition law in the EU has not been as robust as in the US. Also, it has been emphasise d by the European Parliament over and again that public enforcement of competition law is paramount, and the EC must ensure that private enforcement of the EU competition law does not adversely impact the leniency programmes or settlement procedures.[25] Further, the Directive on Antitrust Damages Actions[26] adopted by the EC in 2014 (Directive) sets out provisions aimed at harmonising national rules within the EU so as to ease recovery of damages by persons affected by anti-competitive behaviour. The implementation of the Directive is expected to give a boost to private enforcement of competition law, as well as recovery of compensation. AUSTRALIA Until the enactment of the Trade Practices Act of 1974 (Trade Practices Act), there was no statutory recognition in Australia of private rights for breach of anti-competitive practices. However, under Part IV of the Trade Practices Act, private parties are allowed to initiate claims pertaining to anti-competitive practices befor e the Federal Court.[27] Parties initiating such litigations may raise a variety of claims, including damages, injunctions, divestiture orders, etc. Further, initiation of a representative or class action suit is also permitted.[28] Private actions are also encouraged by the Trade Practices Commission (the authority vested with powers to monitor and enforce the Trade Practices Act). Abuse of dominant position, anti-competitive agreements, exclusionary provisions, and exclusive dealing are the most commonly faced issues for the enforcement activity. Mergers, on the other hand, are seldom challenged by private parties. It is widely accepted that private enforcement has played a very crucial role in the enforcement of competition law in Australia, including promoting the Trade Practices Act and bolstering the overall compliance of competition law.[29] JAPAN Japanese Antimonopoly Act of 1947 (JAA) regulates anti-competitive behaviour in Japan. In terms of Article 25 of the JAA, persons affected by anti-competitive behaviour are entitled to seek compensation from the violator.[30] In addition, persons affected by anti-competitive behaviour are also entitled to seek compensation from the violator under the general tort provision, i.e., Article 709 of the Japanese Civil Code of 1896 (JCC).[31] It is also noteworthy that a claim under Article 25 of the JAA can be brought only once the competition law regulator in Japan, i.e., the Japan Fair Trade Commission (JFTC), passes its final and binding decision in a competition law matter. Whilst the aforesaid provisions allow private enforcement of competition law in Japan, competition law enforcement in Japan has historically been the main or exclusive preserve of public agencies, not private plaintiffs, unlike the US practice, where private enforcement exceeds public enforcement.[32] Accordingly, for decades, the aforesaid provisions of the JAA and the JCC have remained virtually unused, and there has been almos t no private enforcement of competition law in Japan.[33] In recent years, however, private enforcement of competition law in Japan has evolved to a position where around a dozen new cases are seen per year.[34] Through such private enforcement, substantial amount of compensation has been recovered by persons affected by anti-competitive behaviour, which at times, has equalled the total amount of penalties imposed by the JFTC. Despite the aforesaid progress, it can be safely said that private enforcement of competition law in Japan is still of limited significance in posing deterrence to violators and ensuring payment of damages to persons affected by anti-competitive behaviour. CHINA The Anti-Monopoly Law of 2007 (AML), which was enacted in 2008, together with ancillary regulations framed around it, regulates anti-competitive practices in China. The AML was enacted after years of legislative and drafting effort.[35] Whilst government bodies such as the National Developm ent and Reform Commission monitored some aspect of competition prior to 2008, the competition law itself (i.e., the AML) is fairly nascent.[36] Accordingly, it remains to be seen as to how the AML, and the institutions built under it, deliver in terms of enforcement of competition law. With respect to private enforcement of competition law, Article 50 of the AML read as under: à ¢Ã¢â€š ¬Ã…“The business operators that implement the monopolistic conduct and cause damages to others shall bear the civil liability accordingly to law.à ¢Ã¢â€š ¬Ã‚ [37] Thus, the AML clearly recognises rights of persons affected by anti-competitive practices to seek damages from the violator. There have already been a few cases in China where companies have sued other companies for seeking damages arising out of anti-competitive practices.[38] Further, it a customary practice in China that the Supreme Court issues the relevant judicial explanation on the guidelines or implementation of spec ific laws. Accordingly, on 3 May 2012, Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Supreme Court issued the relevant rules with respect to private claims resulting from anti-competitive behaviour (Rules). The Rules have attempted to fill various gaps created by the AML in relation to private enforcement of competition law in China. For instance, the Rules attempt to clearly demarcate as to which party will discharge the burden of proof in certain specified situations, which was hitherto a big hindrance in private enforcement of competition law.[39] INDIA In India, the Competition Act, 2002 (the Act) regulates competition matters, and the market regulator is the Competition Commission of India (CCI), a body constituted under the Act. The Act empowers the CCI to investigate and penalize anti-competitive agreements, abuses of dominant position and combinations which have an appreciable adverse effect on competition. Any affected party may approach the CCI with a complaint pursuant to which the C CI makes inquiries, investigates the alleged anti-competitive behaviour and issues an order. The orders of the CCI are appealable before the Competition Appellate Tribunal (COMPAT) established under the Act. The orders of the COMPAT can be appealed before the Supreme Court of India, whose decisions are final and binding. Whilst the above process outlines the public enforcement of competition law by the competition regulator in India, the Act does not provide for a parallel private enforcement of competition law. With respect to claiming compensation for anti-competitive behaviour, Section 53N(1) of the Act provides that any person may make an application to the COMPAT for award of compensation for any loss or damage shown to have been suffered and resulting from violation of the Act. However, such a claim for compensation must arise from: (a) any findings of the CCI or orders of the COMPAT; or (b) any contravention of the orders of the CCI or the COMPAT. Further, whilst it is not expressly stated in the Act, a constructive interpretation of Section 53N(1) would lead to the understanding that a claim can be made by the affected person only once the order of the CCI or the COMPAT, as the case may be, attains finality. In other words, if the order of the CCI or the COMPAT has been appealed against, a claim for compensation by the affected person based on such an order would not be tenable. Consequently, a person affected by anti-competitive behaviour would necessarily need to wait until the CCI, the COMPAT or the Supreme Court (hearing the appeal against the order of the COMPAT), as the case may be, passes a favourable order, and such order attains finality (whether by virtue of being a Supreme Court order, or due to expiry of the statutory limitation period for appeal). Only once such an order attains finality, can the affected party make a claim for compensation. This is similar to the Japanese approach as discussed above. Since the Act has been notifi ed fairly recently and the enforcement jurisprudence under the Act is still at a nascent stage, there have not been instances of affected parties claiming compensation for anti-competitive behaviour in terms of the limited framework available under the Act. However, the CCI has started penalizing large business entities for anti-competitive behaviour, and we may soon expect private parties to approach the COMPAT with claims for compensation. For example, the CCI had imposed a penalty of INR 6.3 billion on DLF Limited (one of the largest real estate companies in India) for abusing its dominant position in the market while providing services of developer/builder in high end residential projects in Gurgaon (which is part of the National Capital Region of India). Recently, the COMPAT upheld the CCIà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision against DLF Limited, and the matter is presently sub-judice before the Supreme Court of India. There have been media reports indicating that if the Supreme Cour t also upholds the CCIà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision, the allottees of the residential project plan to approach the COMPAT with compensation claims. Thus, this may well be the first case of private enforcement of competition law in India.[40] CONCLUSIONS There is little doubt that jurisprudence pertaining to private enforcement of competition law is insufficient in most jurisdictions. Public enforcement of competition law may not always be helpful, as it does not directly cater to the persons who are affected by anti-competitive practices. On the other hand, private enforcement in such scenarios provides direct and speedy compensation to the affected persons. Therefore, it is important for the regulators (across the world) to realise that absence of private enforcement (or a complicated private enforcement regime) would result in the affected persons being left either without a remedy or with inadequate compensation. This gains even more relevance when fines imposed by statut ory authorities are insufficient to cover the losses suffered by the affected parties. Accordingly, it is recommended that urgent and concrete steps be taken by the competition law regulators to ensure that an effective and efficient mechanism for private enforcement of competition law is implemented. 1 | 8 [1] AI Gavil, Federal Judicial Power and the Challenges of Multijurisdictional Direct and Indirect Purchaser Antitrust Litigation, (2000) 69 George Washington Law Review 860, cited in Firat Cengiz, Antitrust Damages Actions: Lessons From American Indirect Purchasersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Litigation, (2010) 59 ICLQ 39, available at: https://www.academia.edu/492202/ANTITRUST_DAMAGES_ACTIONS_LESSONS_FROM_AMERICAN_INDIRECT_PURCHASERSLITIGATION (last accessed on 31 March 2015). [2] Ibid. [3] Why competition matters, A Guide for Policy matters, Office of Fair Trading, available at: https://www.oft.gov.uk/shared_oft/business_leaflets/general/OFT1113.pdf (last accessed on 31 March 2015), cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'  -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Com petition Law Issues.pdf (last accessed on 31 March 2015). [4] Francesca Richmond and Sarah West, Arbitrating Competition Law Disputes: A matter of Policy, Baker Mckenzie, cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'  -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Competition Law Issues.pdf (last accessed on 31 March 2015). [5] Competition Law to relieve consumers of unhealthy business practice: Shafique, available at: https://www.thefinancialexpress-bd.com/more.php?news_id=135247date=2012-07-02 (last accessed on 31 March 2015). [6] Daniel A. Crane, Optimizing Private Antitrust Enforcement, (2010) University of Michigan Law School Scholarship Repository, available at: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1129context=articles (last accessed on 31 Marc h 2015). [7] Kenneth Ewing, Steptoe Johnson LLP, Private anti-trust remedies under US law, (2007) Competition 2006/07 Volume 1, available at: https://www.steptoe.com/assets/attachments/2804.pdf (last accessed on 1 April 2015). [8] Ibid. [9] Section 4, the Clayton Act. [10] Volvo Trucks N. Am., Inc. v. Reeder- Simco GMC, Inc., 546 U.S. 164, 176 (2006); Kristian v. Comcast Corp., 446 F.3d 25, 47 (1st Cir. 2006). [11] Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012), Edward Elgar Publishing Limited, UK; also see, Agency Holding Corp. v. Malley- Duff Assocs., Inc., 483 U.S. 143, 151 (1987); Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 635 (1985); Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984). [12] Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012) Edward Elgar Publishing Limited, UK. [13] Kristian v. Comcas t Corp., 466 F.3d 25, 47à ¢Ã¢â€š ¬Ã¢â‚¬Å"48 (1st Cir. 2006), Gaines v. Carrollton Tobacco Bd. of Trade, Inc., 386 F.2d 757, 759 (6th Cir. 1967). [14] Pollock Riley, Inc. v. Pearl Brewing Co., 498 F.2d 1240, 1242 (5th Cir. 1974). [15] Supra at 12. Also, In re Cotton Yarn Antitrust Litig., 505 F.3d 274, 284 (4th Cir. 2007); Abraham Constr. Corp. v. Tex. Indus., Inc., 604 F.2d 897, 904 n.15 (5th Cir. 1979)); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257 (7th Cir. 1980). [16] Supra at 12. [17] Claire M. Korenblit, Quantifying Antitrust Damagesà ¢Ã¢â€š ¬Ã¢â‚¬ Convergence of Methods Recognized by U.S. Courts and the European Commission, (March 2012) 1 CPI Antitrust Chronicle, Sidley Austin LLP, available at: https://www.sidley.com/~/media/Files/Publications/2012/03/Quantifying Antitrust DamagesConvergence of Meth__/Files/View Article/FileAttachment/KorenblitMAR12(1) (last accessed on 31 March 2015). [18] Supra at 12. [19] Kevin Scott Marshall, The Economics of Antitrust Injury and Firm-specific Damages, (2008) Lawyers Judges Publishing Company, Inc., USA. [20] Ibid. [21] Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52013PC0404 (last accessed on 31 March 2015). Case C-453/99, Courage and Crehan, [2001] ECR I-6297; Case C-360/09, Pfleiderer AG v Bundeskartellamt, [2011] ECR I-5161; and Case C-199/11 European Community v. Otis NV and others, [2012] ECR I-0000. [22] Articles 4 and 5 of Regulation No 1/2003, respectively. [23] Article 23 of Regulation No 1/2003. [24] Id at 21. [25] Ibid. [26] This is the directive issued by the European Parliament with respect to compensation claims in relation to anti-competitive behavior under national laws of the EU m ember states. [27] Kent Roach and Michael J. Trebilcock, Private Enforcement of Competition Laws, (Fall 1996) Osgoode Hall Law Journal, Volume 34, Number 3, Article 2, available at https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1622context=ohlj (last accessed on 31 March 2015). [28] Ibid. [29] Ibid. [30] Simon Vande Walle, Private Enforcement of Antitrust Law in Japan: An Empirical Analysis, The Competition Law Review, (December 2011) Volume 8 Issue 1, 7. [31] Ibid. [32] Simon Vande Walle, Deterrence of Antitrust Violations: Do Actions for Damages Matter in Japan?, available at: https://www.sef.hku.hk/aslea2011/private/paper/19.%20Simon%20Vande%20Walle%20final%20full%20paper.pdf (last accessed on 31 March 2015). [33] Id at 30. [34] Id at 30. [35] Lessons from Four Years of Antitrust Enforcement in China, (September 2012) Jones Day, available at: https://m.jonesday.com/lessons_from_four_years/ (last accessed on 1 April 201). [36] Competition Policy and Enforcement in China, (September 2014), The US China Business Council, available at: https://www.uschina.org/sites/default/files/AML%202014%20Report%20FINAL_0.pdf (last accessed on 1 April 2015). [37] Zhan Hao, Chinese Anti-monopoly Private Litigation, China Law and Practice, available at: https://www.chinalawandpractice.com/Article/2029237/Channel/16143/Chinese-Anti-monopoly-Private-Litigation.html (last accessed on 1 April 2015). [38] Id at 36. [39] Susan Ning,Liu Jia and Hazel Yin, Supreme Court of China Issues Judicial Interpretation Governing Private Antitrust Litigations, (6 June 2012), King Wood Mallesons, Antitrust Competition, available at: https://www.chinalawinsight.com/2012/06/articles/corporate/antitrust-competition/supreme-court-of-china-issues-judicial-interpretation-governing-private-antitrust-litigations/ (last accessed on 1 April 2015). [40] Ravi Teja Sharma, DLF customers in three Gurgaon projects to seek comp ensation, Economic Times (23 May 2014), available at: https://articles.economictimes.indiatimes.com/2014-05-23/news/50054941_1_competition-appellate-tribunal-belaire-owners-association-park-place-residents (last accessed on 1 April 2015).

Although the public sector Free Essays

The ability of today’s health care system to provide high quality care to an aging society depends on the resources available to pay for these services. Although the public sector will bear much of the burden of health and long term care costs many of the required future resources will need to come from the elderly themselves, as is the case today. Unless public insurance systems become much more generous in coming years the elderly will bear the costs of many types of uncovered services. We will write a custom essay sample on Although the public sector or any similar topic only for you Order Now Drugs and long term costs will top the list of uncovered services. However, emerging elective procedures, perhaps in die area of gene therapy, and cutting edge diagnostic tools may not be uniformly covered by future insurance programs. Senator George Allen, R-Va. , introduced the Long-Term Care Act of 2005. The legislation, if passed, will make it possible for individuals to use money from their 401 (k) and 403 (b) plans to purchase long-term care in insurance with pretax dollars without penalty. The Long-Term Care Act is similar to companion legislation introduced in the House by Rep. Lee Terry, R-Neb. It would allow individuals to use their Individual Retirement account (IRA) pretax dollars without penalty in addition to using their 401 (k) and 403 (b) plans. Allen’s proposal, cosponsored by Sen. Mel Martinez, R-Fla. , was referred to the Senate Judiciary Committee. The House bill was sent to the House Sub-Committee on Health just this past March. By the year 2030, Medicaid’s nursing home expenditures are expected to reach $130 billion per year. Private long-term care insurance could reduce Medicaid’s future institutional care expenses by more than $40 billion each year, while giving those who are insured alternatives to nursing homes, such as home care, adult day care or foster care and assisted living. The costs of long-term care can be staggering and quickly exhaust even a modest estate. The magnitude of the cost for long-term care is potentially catastrophic to the average American with the median annual income of $52,000. According to a recent market survey, nursing home stays average two and one-half years with an average yearly cost of $55,000 per year or a total of approximately $138,000. It is easy to see how such care could quickly deplete the asset of a household. Four out of 10 people living to age 65 and older will use a nursing home for long-term care and 21% of those will stay for 5 years longer. Many others will use home health care. Depending on the required level of skill, home health care may equal the cost of nursing home care. The Congressional Budget Office has projected long-term care costs will double from 2000 to 2020. Further compounding the situation has been the diminished willingness of the federal and state governments to continue to absorb over fifty-seven percent of the long-term care costs through Medicare and Medicaid. Policy-makers have been seeking and choosing techniques that limit public responsibility and financial involvement in favor of transferring more and more costs back to the individual through the private system. A major policy goal is to change public opinion to view long-term care a particular risk and thus the responsibility of the individual rather than that of the government. With such a shift in thinking long-term care insurance would be a component of retirement planning with emphasis on a private-sector solution rather than a public one. Facing the reality of financing long-term care may require a national crisis in which care becomes unavailable or unaffordable. Under such circumstance, there might be a heightened awareness of the need for clear public policy. Policy-makers will have to face the only feasible alternatives to the existing system: full public financing of long-term care funded by tax dollars or greater incentives for private long-term insurance both through group and individual plans. These approaches are far from perfect by to leave the system as it is could mean long-term damage to the economy through the hugely inefficient diversion of money to pay for long term care that we see today. Reference: American Council of Life Insurance (1998). Who will pay for the Baby Boomers’ Long- Term Care Needs? Washington, D. C. : Cynthia E. Conrad Ann Costello Beam, B. and J. McFadden (1998). Employee Benefits. Detroit: Dearborn. Bell, A. (2001) . â€Å"Group LTC Plans Jump 121% Last Year†. National Underwriter. (http://www. nunnews. com/zrchives/th_archive/2000/-105-01/1200118grouplte. asp). How to cite Although the public sector, Papers

Reflective Writing for National Academy of Sciences -myassignmenthelp

Question: Write about theReflective Writing for National Academy of Sciences. Answer: It has been a week since I enrolled at the University of Sydney for an undergraduate course as a bachelor of science (health). Being an American, I was hesitant of moving to a new place, far away from home, in order to pursue my studies. A week has already passed now since I joined up and I believe I am growing familiar with the place and the people. With more passing time, I believe I would be more comfortable in settling down and attending the classes here. Since the time I have arrived, I have made acquaintances with two of my hostel roommates. They have been helpful enough in providing an essential tour of the university campus and pointing out the hangout spots in the city. I have already attended three lecture sessions and the standard of education looks promising. The University of Sydney is one of the most oldest and reputed Universities in the world. The rules present here are strict and violating them may result in suspension or expulsion. The faculty is qualified and capable. Unlike American Universities, Australian Universities do not have fraternities or sorority, which is upsetting. However, the overall atmosphere here seems to be satisfying and wholesome. As more days pass by, I hope to make new friends with the other students in my batch as well as the University. The University has an ambitious and talented football team that I wish to join up. Apart from studies, I feel having fun and maintaining a social life is important as well, mostly since it would make me feel less homesick. This is my first experience of staying abroad and studying abroad and I wish to make many new experiences during my course of stay here. Week 3: As I started to spend more time attending the lecture sessions and classes at the University, I realized it was important to keep a note of the discussions and presentations taking place in the lecture sessions. Most of the professors did not provide handouts of their lecture sessions and therefore the best solution was to manually write down and maintain a copy of important notes. The process of note taking soon became quite troubling for me. It was hard to keep up with what the professor was saying and most of the time I could not keep up. I possess a short attention span and most of the time I found myself losing focus, which contributed more to the problem. The constant difficulties I kept facing in writing and maintaining notes made me realize the reasons due to which this was occurring. The lack of focus and inability to keep up with the pace of the lecturer were the primary causes. The other reasons being my problems in understanding the technical terms used by the lecturer, inability to prioritize what to note down and the lack of handouts. In case of any problem, the solution is never too far away. I too similarly discovered ways by which I could solve my problems in note taking. I observed that sitting in the front seats would help increase my attention and I would be more focused in class. Reading the chapter ahead of the next days class helped me in understanding which of the points were important and need to be note down. Using short forms or abbreviations was helpful in maintaining the speed while writing. Lastly, comparing the notes with other students allowed me to fill in the incomplete parts or areas I missed out while writing. Week 4: Learning is considered as one of the most primary and important functions of the brain. The term learning has numerous definitions. I feel that the term learning simply means to gain information, knowledge or training that was previously unknown. There are two types of learners- active and passive learners. The course of study I am currently pursuing requires me to be an active learner in order to stay updated on the topics and it would be helpful in understanding the subject clearly. In the active learning process, I need to constantly be engaged with the content that I am learning. Passive learning on the other hand, means listening to a piece of information but doing nothing about it. It is true that it would not be possible for me to be an active learner on almost all of the topics that I am learning. Being a passive learner is applicable for these cases. However, I feel active learning has its own benefits which outweigh that of passive learning. Active learning has helped increase my motivation in the subject I am currently studying and has made me aware of the effectiveness of working in a group. Active learning can be implemented via a number of ways. I however, feel that researching and gathering information from other sources like articles, books, research papers and so on, is a simple yet effective method of active learning. Discussing various topics with friends, family or like-minded people helps you gain some valuable insights you previously had no idea about. Following up on the subject after the end of a class, homework and participating in debates are some of the steps I wish to implement in future to increase my level of active learning process. I feel that if there were more discussion sessions in class and educative game sessions, it would be an extremely helpful way of active learning, for not only me, but also the entire class as a whole. Bibliography Baepler, P., Walker, J. D., Driessen, M. (2014). It's not about seat time: Blending, flipping, and efficiency in active learning classrooms.Computers Education,78, 227-236. Boctor, L. (2013). 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