Strategic Planning and Performance Measurement for Wounded Warrior Project

Historical background

Wounded Warrior Project (WWP) was started in 2002 by John Melia who had been wounded in Somalia in 1992. Melia’s initiative was supported by the members of his family and other veterans Al Giordano and Steven Nardizzi. Until 2005, WWP operated as a division of another non-profit organization the United Spinal Association of New York.

In 2005, the WWP separated from the associated organization and moved its headquarters to Jacksonville, Florida. Thus, by 2010, the non-profit organization started by several activists has rapidly grown into an influential project employing 118 workers and raising millions of dollars to support veterans.

Mission

The mission adopted by WWP is to provide support to the veterans of the US military forces by honoring and empowering them. The phrase concerning the greatest casualty that is being forgotten used as an epigraph on the website of this non-profit organization implies the inability of the society to provide the necessary and deserved social and financial support to the veterans.

The vision of the organization is formulated as an ambition to foster the generation of wounded veterans which would be best adjusted to the realities of modern society and the most successful one in the history of the nation.

The purposes of this non-profit organization include the improvement of the social awareness on the special needs of the injured service members and motivate the community to provide the necessary aid to the wounded warriors.

Additionally, WWP is aimed at providing the injured veterans with opportunities to assist each other. These goals are achieved through the implementation of the unique programs complying with the needs of injured warriors.

Core values

The research and analysis of major non-profit organizations in the United States show that WWP is the best non-profit organization to work for in 2011. According to the 2010 report, this organization employs 118 people and had 85 percent of retention rate for its fulltime workers (Clolery, 2011, p. 19).

Steven Nardizzi as the president and CEO of WWP proclaims care about the staff as one of the core values of the organization because people who need to care about the injured veterans should know that they are cared about as well. The core values of WWP are defined as FILIS:

  • Fun.
  • Integrity.
  • Loyalty.
  • Innovation.
  • Service.

The core values formulated in the form of FILIS are coupled with the culture of team work in WWP that is beneficial for enhancing the performance of the staff and even motivating each of the employees to give extra effort to make their organization succeed (Wounded Warrior Project, n.d.).

Programmatic activities

The programs of WWP are structured in a unique way to nurture the mind and body of the wounded veterans and foster their economic empowerment and social engagement. Thus, all the programs activities are divided into four main subgroups, including mind, body, economic empowerment and social engagement. The participation in all of these programs is free.

However, the verification of military service experience and service-connected wounds, injuries or illnesses is obligatory for participating in these programs (Wounded Warrior Project). For example, the wounded warriors eligible for the participation in WWP projects can be enrolled into Combat Stress Recovery Program, Transition Training Academy, Physical Health and Wellness, Soldier Ride and other programs.

The reported outcomes of the programmatic activities of WWP are striking. Thus, 325 families took advantages of Physical Wealth and Wellness Program, 945 warriors enrolled into Warriors to Work Program and were assisted in finding a job. Furthermore, 5929 phone and email cases were resolved through the support center.

Departments

The executive staff of WWP includes 14 members. The organizational structure of WWP consists of 9 main departments, including the development, financial, special projects, direct response, mental health and warrior engagement, physical health and wellness, communications, government affairs, and economic empowerment departments.

Strategic planning and performance measurement

As it can be seen from the recent reports, WWP is successful in achieving its goals and is recognized as one of the best employers in its domain. However, the effective use of strategic planning and performance measurements can be beneficial for improving the organization’s outcomes and adding public value to it.

The first step towards successful strategic planning is the analysis of the performance data in the course of time and among different subunits. By comparing different performance indicators, non-profit organization can identify its main strengths and weaknesses which can be further translated into the strategic planning and implementation (Poister, 2003, p. 117).

Taking into account the reported success of WWP, it can be stated that retention of important features of the current strategies can be the best suitable choice for this non-profit organization (Bryson, 2004, p. 450).

Therefore, by selecting the most appropriate instruments for measuring its performance and translating the achieved results into effective strategies would be helpful for WWP in achieving its goals of fostering the generation of well-adjusted wounded warriors.

Reference List

Bryson, J. (2004). Strategic planning for public and nonprofit organizations: A Guide to strengthening and sustaining organizational achievement (3rd ed.). San Francisco: Jossey-Bass.

Clolery, P. (2011). 50 best nonprofits to work for in 2011. The NonProfit Times, 17 – 23. Web.

Wounded Warrior Project (n.d.). . Web.

Poister, T. (2003). Measuring performance in public and nonprofit organizations. San Francisco: Jossey-Bass.

Seychelles People Defense Force’s Performance Management

Introduction

Performance is objectively one of the most important indicators of various organizations’ activities, regardless of the forms of their work, property, and other criteria. This type of management is based on the principles and approaches to regulating the results and labor inputs. It also includes processes and methods for detecting and eliminating factors hindering the achievement of required performance. To analyze the application of this indicator, the Seychelles people defense force (SPDF) will be considered as a structural unit where the quality of performed work largely depends on the effectiveness of control and the involvement of each participant in the activities of the organization.

The Importance of Performance Management and Its Benefit

Labor performance is an indicator that makes it possible to evaluate the effectiveness of personnel’s work. The advantages of controlling the productivity of employees are obvious. Compared with the indicators for a set period of time, it is possible to trace the dynamics of improvement or deterioration in the quality of work and to identify possible performance problems in individual sectors. Also, it is possible to assess the potential burden on the employees and the ability of the team to perform tasks during a particular period (Church et al. 460). What is equally important, this approach establishes a system of personnel incentives by improving the work of all employees. These advantages explain the relevance of performance management.

General Advantages of Performance Management

Performance management includes the solution of not only personnel but also a whole series of other tasks – organizational, technical, financial, and others. All these questions, as a rule, are complexly solved. According to Van Dooren et al., the more successfully the system of evaluation and control over the activities of subordinates is established, the greater is the chance that a particular structure will be able to timely resolve any problems (33). It is essential to note the impact of performance management on employee productivity. Having sufficient motivation, the staff, as a rule, successfully copes with set tasks (Cardy and Leonard 139). Therefore, such an approach is effective and necessary.

Performance Management at the Employee Level and Its Benefit

When evaluating performance management at the employee level, it is possible to claim that this approach to organizing the workflow helps to increase staff motivation. According to Mone and London, the involvement of workers takes place not through coercion but the proper planning of all tasks and allocating rewards to particularly successful employees (91). These measures give an opportunity to abandon traditional methods of control through punishments and fines. Moreover, the staff sees the leadership’s interest, which also plays a significant role in the process of their work. Therefore, at the employee level, the approach to assessing and monitoring the productivity of personnel is an indispensable component of competent management.

Job Descriptions from a Performance Management Perspective

In order to assess the effectiveness and benefits of the considered approach to leadership in a particular organization, the Seychelles people defense force (SPDF) will be taken as a basis. This unit belongs to the power structures, and the control over the quality of work and productivity here is extremely important. As an objective assessment, two posts will be considered – the chief of the defensive force and a technical advisor. From the point of view of performance management, the first post provides for the development and monitoring of relevant provisions, and the second one implies the strict implementation of orders and submission to senior management. The description of work tasks will be based on assessing compliance with the terms of the performance management policy as one of the primary criteria defining labor quality.

The Chief’s Job Description

The position of the chief of the SPDF provides for constant control over the performance of important duties since the tasks of this department include ensuring the safety of residents and visitors of the region. Strategic management should be based not only on monitoring performance and following labor instructions but also assisting colleagues and subordinates in the organization of the work process. For these purposes, appropriate methods of organizing activities should be applied so that all SPDF’s activities could be covered without exception.

The distribution of bonus payments is one of the tasks that is envisaged for the position of the chief. According to Katzenbach and Smith, a material motivation of employees can have an essential role in the organization of work, but it is significant to ensure that this measure is not a key one (171). If subordinates realize that money is the main incentive for their work, the results of labor can worsen. It is particularly true for law enforcement agencies where security depends on the performance of people. The SPDF activity aimed at providing comprehensive security of the population implies the protection of law and order, control of the border area, and other important tasks. One of the conditions for the work of the chief, in this case, is to achieve the full-fledged performance of subordinates’ duties in accordance with the statute of service. Planning practice can be useful since the preliminary assessment of possible errors, and a competent distribution of tasks are successful components of effective management (Shields et al. 79). Moreover, the higher the interest of the manager is, the more chances are that employees will have a corresponding interest in achieving their goals. Therefore, one of the primary conditions is a positive personal example.

A Technical Advisor’s Job Description

From the perspective of a technical advisor, a number of duties prescribed by the leadership are also implemented through performance management provisions. As Jagannathan claims, the involvement of any employee in the work process should be accompanied by a competent statement of tasks; otherwise, the absence of clear goals may lead to their incorrect implementation (308). A technical advisor of the SPDF receives orders from the senior management and executes them according to some duties. Certainly, a personal initiative is important for the self-development of an employee as a specialist. Nevertheless, if the leadership does not take into account possible options for performing particular tasks, there is a risk of arbitrariness, which is absolutely unacceptable in the law enforcement agency. Therefore, a qualified consultant should be aware of the need to follow the prescribed instructions without violating them so that the management could have an idea of ​​the scope of the subordinate’s activities and could plan all steps in advance.

In the process of activity, the employee should skillfully use the available resources and distribute tasks in accordance with their relevance. As O’Toole and Meier note, the intention to do as much as possible can lead to undesirable consequences, and planning is an integral component of work (249). The process of organizing the entire activity of subordinates is engaged in the leadership. However, employees should be interested in the nature of their activities and not disregard their job descriptions. Moreover, according to Spearin, the tasks of representatives of law enforcement agencies are complicated by the need for increased vigilance and responsibility (133). Therefore, a technical advisor should be well-oriented in his or her duties and competently perform the tasks assigned by the management.

The Importance of Performance in the SPDF

Performance management in the Seychelles in the SPDF team is an important condition for ensuring the safety of both citizens and the security officials themselves. As Malcolm and Murday note, “for island states, the importance of the maritime domain is unquestionable with many having responsibility for, and access to, vast areas of ocean” (234). Accordingly, increased control over the performance of all activities is a significant aspect of the leadership’s work. It is required to not only plan the workload of subordinates but also to take into account the specifics of work in a particular region in order to effectively implement set goals set. Therefore, the introduction of performance management conditions should necessarily take place in the SPDF units.

Conclusion

The implementation of performance management in the SPDF units is essential since the quality of work primarily depends on the effectiveness of control and the involvement of each employee in organizational activities. Job descriptions of managers and subordinates are different, but both should comply with certain work rules that are relevant to the military service of a particular region. Planning and continuous monitoring are integral components of successful work aimed at ensuring public safety.

Works Cited

Cardy, Robert, and Brian Leonard. Performance Management: Concepts, Skills and Exercises. 2nd ed., Routledge, 2014.

Church, Allan H., et al. “Does Purpose Matter? The Stability of Personality Assessments in Organization Development and Talent Management Applications over Time.” The Journal of Applied Behavioral Science, vol. 52, no. 4, 2016, pp. 450-481.

Jagannathan, Anitha. “Determinants of Employee Engagement and Their Impact on Employee Performance.” International Journal of Productivity and Performance Management, vol. 63, no. 3, 2014, pp. 308-323.

Katzenbach, Jon R., and Douglas K. Smith. The Wisdom of Teams: Creating the High-Performance Organization. Harvard Business Review Press, 2015.

Malcolm, James A., and Linganaden Murday. “Small Islands’ Understanding of Maritime Security: The Cases of Mauritius and Seychelles.” Journal of the Indian Ocean Region, vol. 13, no. 2, 2017, pp. 234-256.

Mone, Edward M., and Manuel London. Employee Engagement Through Effective Performance Management: A Practical Guide for Managers. 2nd ed., Routledge, 2017.

O’Toole, Laurence J., and Kenneth J. Meier. “Public Management, Context, and Performance: In Quest of a More General Theory.” Journal of Public Administration Research and Theory, vol. 25, no. 1, 2014, pp. 237-256.

Shields, John, et al. Managing Employee Performance & Reward: Concepts, Practices, Strategies. 2nd ed., Cambridge University Press, 2015.

Spearin, Christopher. Private Military and Security Companies and States: Force Divided. Springer, 2017.

Van Dooren, Wouter, et al. Performance Management in the Public Sector. 2nd ed., Routledge, 2015.

Atlanta Government’s Structure and Performance

The purpose of this report is to examine the government structure of Atlanta, Georgia city council. The paper identifies the structure of the government and its departments. Also, it distinguishes the head of the council and other members and how officials obtain their positions. Then, the current number of councilors is identified. Finally, the issues that are connected to political problems with which the government is concerned and the challenges of the twenty-first century are recognized.

The report discusses the local government of Atlanta, Georgia based on the Annual performance report (Atlanta City Council, 2018). All in all, the structure of the institution is clear and easy to understand. The council has a total of sixteen members that work in it. All the positions are elected through citywide or district-wide elections. “The council’s mission is to ensure that Atlanta is led by a ground-breaking, strong, and capable” individuals, and to guarantee that the institution functions for the benefit of the citizens (Atlanta City Council, 2018). For a governmental institution to work correctly, it has to have a cohesive structure and respond to the challenges brought by the twenty-first century and political issues.

Atlanta, Georgia is among the most populous cities in the US. The Atlanta City Council is responsible for policy-making decisions that affect the city. Also, leadership importance is acknowledged as a factor that contributes to maintaining a thriving institution that benefits Atlanta. According to the statement of the Council, the main objective for their work is to “develop policies that serve as operational standards and establish the parameters for the administration of city government” (“How your council works,” n.d., para. 1). The structure of the government is easy to comprehend. The council consists of the president and twelve councilors, plus three at-large members. The first is elected by the “city-at-large” system; the latter are elected from individual districts (twelve are chosen by single areas). Three positions are elected citywide and are part of the City Council (Post 1 – 4 At Large). Also, there are standing committees that are concerned with reviewing legislation and providing recommendations regarding laws.

The type of government structure in Atlanta resembles the federal model. There are executive, legislative, and juridical branches (Georgia government, n.d.). Within the CityCouncil, there are several departments or committees responsible for different aspects of the policymaking process. Those are utilities, zoning, community development or human services, public safety and legal administration, finance, the committee on the council, and transportation committees (Atlanta City Council, 2018). On the political side, the head of the council is called the President. Currently, Ceasar C. Mitchell occupies the position (Atlanta City Council, 2018). The organizational structure is displayed in Chart 1.

Chart 1. The Organizational Structure of the Atlanta City Council (Atlanta City Council, 2018).

The current political issue on the agenda is the election year and its implications. As Kauffman and Yu state (2018), the State is about to select the 58 representatives that the Senate will be composed of. The event is significant, therefore it will affect every governmental institution in the city. Also, the governor and the lieutenant governor will not run for their positions, making those vacant for other prospective candidates. The primary stakeholders are the politicians that decide to participate in the elections, which can bring along a lot of debates. However, current officials in the Atlanta City Council need to perform their duties well, regardless of whether they will be participating in the election or not as well as to respond to challenges adequately.

The twenty-first-century factors that influence the leaders in the local government structure are varied. As Wadell (2016) states, those are budget issues, limited resources, communication, and culture, among several others. The budget issue is clear since any local government possesses a certain amount of finances it can utilize. Also, in the twenty-first century, the world has been through a severe economic crisis, meaning that these governments have to be careful with how they manage their resources. The communication issue arises with the extensive use of social media. The decisions that the officials make are discussed on various platforms, and the councilors have to manage their online presence. While social media allows accessing public opinion more efficiently, it can also be filled with misleading information. Culture as a challenge is presented in the diverse organizational structure that is common for establishments. Managing such varied communities can be difficult because of the different backgrounds that people have. The presented challenges are what the City Council of Atlanta have to deal with to ensure the efficiency of the institution’s work.

Overall, the issues that the government of Atlanta’s faces is both political and connected to the twenty-first-century developments. Firstly, the Senate elections are disrupting the political environment of the city. Enabling stability is the critical responsibility of the council at this stage. Additionally, some challenges are brought by the twenty-first century such as limited budget and resources, online communication, and cultural differences. The report identifies these issues and stakeholders as well as outlines viable solutions. The information can be used to improve the efficiency of the City Council.

References

Atlanta City Council. (2018). Web.

Georgia government (n.d.) Web.

How your council works. (n.d.) Web.

Kauffman, J., & Yu, E. (2018). Issues to watch in Georgia’s 2018 legislative session. Wabe. Web.

Wedell, A. (2016). NRC. Web.

Performance Measurement System in Government Organizations

Theoretical Framework

Assessment of performance measurement system in the government organization is crucial as it defines the effectiveness of the work of the agency. It has acquired significant attention from researchers, and there is a vast amount of literature on the matter. For instance, Choong (2013) implements a thorough review of articles on the performance measurement system. The researcher examined 479 articles and revealed three major features of the materials on the matter: identification of gaps, suggestions of solutions, recommendations on future research.

It is noteworthy that researchers provide particular models as well as strategies to test their efficiency. For instance, Giblin and Burruss (2009) provide a well-developed model that includes the following concepts: mimesis, publications, and professionalization. The researchers employ two-order measurement models based on institutional pressures which are manifested through mimetic processes publications and professionalization. Suppa and Zardini (2012) evaluate the effectiveness of a performance measurement system in the Italian army and use similar concepts during the assessment. Notably, researchers tend to utilize a process-based approach and report about its effectiveness.

Therefore, to develop a sophisticated system to measure performance management, it is essential to apply a process-based approach. Neely et al. (2000) provide a detailed description of the development of a performance measurement system for organizations (both in the private and public sector). This framework can be used to come up with an effective system for such a government organization as police. Neely et al. (2000) outlined 12 phases of the process of development of a performance measurement system. This twelve-phase model can be applicable but somewhat adjusted to better fit the organization in question. It is necessary to note that the model can be enhanced with the help of the testing approach used by Broeckling (2010). The researcher exploited a survey to evaluate the effectiveness of certain measurement processes. Likewise, this can be integrated into the new model.

Hypothesis

The hypothesis can be formulated as follows: To evaluate the effectiveness of the work of police departments, it is possible to employ a 7-phase model enhanced by attention to employees’ evaluation of their performance held through implementation of the survey.

Relevant Model

As has been mentioned above, a modified 12-phase model suggested by Neely et al. (2000) can be employed. It is necessary to add that the organization in question is quite specific, and the approach used has to take into account its peculiarities. The new model will include 7 phases. These phases are as follows:

  1. Identification of major areas for performance measurement.
  2. Cost-benefit and purpose analysis.
  3. Comprehensiveness analysis.
  4. Detailed design, including environmental considerations.
  5. Testing
  6. Institutionalization.
  7. Maintenance.

Before going into detail describing each phase, it is necessary to note that almost every stage will involve completion of a survey by employees. Thus, identification of major areas for performance measurement will start with the survey completion. In this survey, employees will try to identify and measure areas of major interest.

Each employee should try to identify qualities he/she has to have and tasks he/she has to implement to be an effective member of the team. These data will provide insight on the way police officers see their work and tasks. Clearly, a variety of normative acts has to be considered to identify major standards which has to be met. Finally, successfully completed tasks have to be analyzed and discussed in certain groups to develop certain standards of effectiveness.

When areas are developed, it is essential to analyze cost-effectiveness and particular purpose of each of them. This is an important stage as it will be the basis of the measurement system. It is also rather complicated to implement. Abundance of areas which may appear during discussion and analysis of surveys and literature has to be properly analyzed. It is important to make sure that only cost-effective areas will be included in the performance measurement system. The system should involve only major areas which are crucial for effective functioning of the organization.

The chosen areas will be considered with the use of a comprehensive approach. It is crucial to make sure that the areas are comprehensive, in other words, they cover major aspects of tasks completed. This analysis can also be held with the help of surveys completed by employees. They can evaluate effectiveness of each other (or themselves) using areas outlined. At that, employees should be able to add some comments to the survey’s questions. This will enable the developers to see whether all aspects have been covered.

The next stage is development of a detailed design of the system. Notably, it is essential to take into account environmental considerations. When developing the model, it is important to take into account current environment to create an effective measurement system which can be used.

Testing is another important stage which will help developers to reveal flaws in the system. Testing should be comprehensive and cover vast areas. To make sure that the system is viable, developers have to test it within quite extended period of time. Analysis of flaws of the system will enable developers to remove them and improve the model.

When the stage of testing is completed, it is necessary to start the process of institutionalization. The developers will have to introduce the system and start training personnel. It is also important to establish regular audits which will identify whether there is “an informal and conflicting performance measurement system in operation” (Neely et al., 2000, p. 1134). AT this stage, it is possible to generalize some areas and provide certain recommendations on the way to adjust the system to different environments.

Finally, it is also important to ensure maintenance of the system developed. This stage will involve audit as well as analysis of particular measures and their effectiveness. It is important to make sure that the system is evolving alongside with the changing environment and redundant practices are eliminated while new ones are introduced.

Dependent & Independent Variable

To implement the research necessary for development of the effective performance measurement system, it is necessary to outline applicable dependent and independent variables. Independent variables in the present research may be age, years of work in police, number of successfully completed tasks, salaries. These variables can help identify effectiveness of the employee and rewarding system exiting in the facility.

As far as dependent variables are concerned, these can be awards provided, training options, and collaboration within departments. These variables will help to identify effectiveness of departments and facilities as well as training programs used. It is necessary to note that these variables will be used during the stages from one to five. These are important categories to consider when designing an effective model to measure performance of police facilities.

Reference List

Broeckling, J. (2010). Performance measurement: Theory and practice (A professional project, Marquette University, Milwaukee, Wisconsin). Web.

Choong, K.K. (2013). Understanding the features of performance measurement system: A literature review. Measuring Business Excellence, 17(4), 102-121.

Giblin, M.J., & Burruss, G.W. (2009). Developing a measurement model of institutional processes in policing. Policing: An International Journal of Police Strategies & Management, 32(2), 351-376.

Neely, A., Mills, J., Platts, K., Richards, H., Gregory, M., Bourne, M., Kennerley, M. (2000). Performance measurement system design: Developing and testing a process-based approach. International Journal of Operations & Production Management, 20(10), 1119-1145.

Suppa, A., & Zardini, A. (2012). The implementation of a performance management system in the Italian army. International Journal of Operational Management, Marketing and Services, 2(1), 9-15.

Sun Tzu’s Social Entrepreneurship and Organizational Performance

Distinctive competence is one of the key drivers of powerful business decisions that could contribute to the development of a well-defined strategy and in-depth market research. Hence, it can be safe to say that competitors play an important role in the development of any organization because they provide the much-needed balance and mediate offers made by the management (Palacios-Marqués et al., 2019). If one chooses to ignore the competition while trying to develop a distinctive competence, they are going to fail time after time due to not recognizing their own inherent strengths and weaknesses. Sun Tzu’s quote represents an almost textbook reflection of the problem of outrunning the competition by learning from it and applying that experience to real-life scenarios. Accordingly, an organization that studies the competition and knows its ways of managing rivalry might become an exceptional leader in the industry owing to its ability to take inspiration from solid competitors instead of replicating every idea.

Thus, one of the primary reasons to study competition in an attempt to gain a distinctive competence is to log all the successes and failures of the closest rivals. When there is an organization that offers immaculate customer service, it will make sense for the team to excel without copying the competition. Business leaders should recognize the implications of not being able to escape similarities while trying to improve the state of affairs by replicating others (Fernandez et al., 2018). This is also a hint at the fact that the organization could become more successful if the administration chose to follow the latest industry trends. Any of the previous failures experienced by the competition should be reviewed rigorously in order to help the organization avoid crucial mistakes (Ahmad & Ramadan, 2018). Sun Tzu’s quote also hints at how one should learn about their own flaws in order to capitalize on them instead of ignoring the inevitable.

Speaking of organizational defects, the discussion could be extended even further, proving that distinctive competences cannot be achieved without strong competitor research. The greatest advantage one may have is to be able to recognize how their flaws could affect the outcomes of competing against stronger, innovation-driven rivals (Ocasio & Joseph, 2018). Sun Tzu’s quote provides the necessary insight into this issue by showing that no steps forward can be made if one does not recognize their strong and weak suits. From manufacturing to consumer relationships, everything should be nearly perfect in order for the organization to benefit from the competition and create a thorough image. Consistent with Palacios-Marqués et al. (2019), distinctive competences could be harder to acquire with an organization where loopholes are ignored for the sake of maximized profit. This is why many brands fail to keep up when merely focusing on their own product mix and marketing strategy.

Eventually, it should be concluded that Sun Tzu’s quote is closely linked to the issue of developing a distinctive competence due to the growing pressure generated by the competition in the market. Without knowing the rivals and their approaches, the organization could experience issues connected to the lack of room for improvement. At the same time, the organization that does not perform internal research cannot be considered consistent and worth attaining a distinctive competence either. No unique selling points are going to appear unless the management takes the time to study the competition while paying attention to the organization’s very own flaws and past experiences.

References

Ahmad, S. B., & Ramadan, H. I. (2018). Journal for Global Business Advancement, 11(5), 610-629. Web.

Fernandez, A. I., Lara, P. R., Ugalde, M. C., & Sisodia, G. S. (2018). Distinctive competencies and competency-based management in regulated sectors: A methodological proposal applied to the pharmaceutical retail sector in Spain. Journal of Retailing and Consumer Services, 42, 29-36. Web.

Ocasio, W., & Joseph, J. (2018). The attention-based view of great strategies. Strategy Science, 3(1), 289-294. Web.

Palacios-Marqués, D., García, M. G., Sánchez, M. M., & Mari, M. P. A. (2019). Journal of Business Research, 101, 426-432. Web.

Early Chinese Music, Ritual, and Performance Review

Introduction

China is unique among the great cultures of the world in the degree to which its civilization was identified with its craft products. For the ancient Romans, China was Seres, “the land of silk.” In early modern Europe, “China” was as likely to refer to Chinaware porcelains as to their country of origin. There is good reason for this, because Chinese productivity and technical excellence in many crafts were unrivaled for centuries or even millennia. Ceramic production and the carving of the hardstones known collectively as jade are part of the earliest horizons of Chinese cultures in the Neolithic period, and the products of these activities have been made continuously in large numbers, sometimes approaching an industrial scale, down to the present. Chinese silks were prized luxury items for both domestic and international consumption for nearly two millennia. Chinese lacquerware factories employed an early version of mass production more than two thousand years ago (Hawkes, Ch’u Tz’u, 1985, p. 21).

Like Chinese silks, Chinese poetry and painting were also were very important for ancient Chinese. One of the most straightforward ways of integrating poetry and painting was the illustration of poetic texts. An important example is the handscroll illustration of the scholar-official Su Shi Second Prose-Poem on the Red Cliff. It was painted in the early twelfth century by one Qiao Zhongchang, a follower of the major literati painter Li Gonglin, who was in turn an associate of Su Shi, and it thus embodies the taste of that group of literary men. The painting is explicitly literary, with passages of Su Shi’s text inscribed at irregular intervals amid the illustrative scenes. The ink monochrome painting on paper uses old fashioned devices such as hieratically scaled figures, maplike architectural compounds, and geometrically stylized cliffs to distinguish itself from more technically sophisticated court styles. The emphasis on rhythmic brushwork, rather than on effects of representational illusionism, is another feature which foreshadows later literati painting. Modifications of scale and the idiosyncratic shaping of tree and cliff forms are aimed at conveying the emotional tone of the poem (Hawkes, Ch’u Tz’u, 1985, p. 47).

Chinese Rituals

First of all it would be necessary emphasize, that the rituals of early China are sometimes described in its poetry, and verses and rhymes are an integral part of almost any ritual. That is why, in order to understand poetry more clearly, it is necessary to regard some spiritual rituals (Lothar von Falkenhausen, 1988, p. 93).

Certain critics consider the “Nine Songs” the oldest texts in the anthology, and the standard story about them is that they are literati reworkings of verses from shamanic rituals. There is as yet no firm basis for either of these claims. The poems do center largely on union, ritualized or not, with a set of deities, and touch on themes of the evanescence of time, the difficulty of being together, and the sadness of separation. Unlike “Encountering Sorrow” and related poems, the “Nine Songs” are not unified by a single poetic voice. Shifts in viewpoint are frequent—from participant to observer, from suitor to the one sought after. Unions pass in a flash or are veiled in such mystery that it is not clear that they have occurred at all. The “Nine Songs” share with “Encountering Sorrow” a rich and exotic botanical image bank. Although most of the poems in the anthology use this imagery in the manner of “Encountering Sorrow,” where flowers and gems stand for the outer adornment of an inner cultivation, the rich accretion of botanical excess also works to create a specific imagistic quality. “Shan kuei” (Mountain Goddess), for example, is full of dark, shade-dwelling medicinal plants. The image systems, shamanic references, shift of voice, and manipulation of time give the “Nine Songs” considerable power, and readers can return to them again and again for a brush with the otherworldly (Lothar von Falkenhausen, 1988, p. 115).

Yüeh-fu (ballad) verse is formally a kind of ku-t’i poetry but is usually treated separately. The most familiar sort adopts titles and affiliated themes from earlier yüeh-fu, producing (in the best case) individual variations or (in less satisfying cases) literary exercises on traditional topics. Most yüeh-fu are written in standard pentasyllabic or heptasyllabic lines, but some poets most notably Li Po also make use of mixed line lengths, ranging from trisyllabic to enneasyllabic and even decasyllabic, in a single poem. The so-called new (hsin) yüeh-fu created by Po Chü-yi and others in the early ninth century was an attempt to reinvigorate the tradition by introducing into it topics of contemporary social and political concern. Another type of yüeh-fu is that commissioned for performance at designated official and court rituals. These poems were typically accompanied by music (now lost), thus continuing in the tradition of the original yüeh-fu of Han times. The most often employed meter in such ceremonial lyrics is tetrasyllabic, presumably because of the archaic and classical associations of the four-beat line. Performative yüeh-fu verse from the T’ang has been largely ignored by scholars, but it offers insights into the more formal productions of court poets as well as into the workings of court ritual itself (Creel, Herrlee Glessner, 1937, p. 52).

Zhao hun (Summoning the soul)

Zhao hun which presumably derives from a rite for the dead, a reference to the ten suns of the Mulberry Tree tradition is used to signify a region beyond that where men – or even the souls of the dead – may dwell. Similarly, the Tian wen or ‘Heavenly questions’ asks several questions which refer to the Fu Sang myth in an enigmatic form. One refers to the suns travelling from the Tang Valley to Meng Si the ‘Stream of Darkness’ (also mentioned in the Huainanzi as the resting place of the setting sun) and asks, “from brightness until darkness, how many miles is (the sun’s) journey?” 63 Another, “When Xihe has not yet risen, how do the Ruo Flowers glow?” And also, in reference to the myth of Archer Yi shooting the suns, “Why did Yi shoot the suns? Why did the ravens shed their feathers?” (Creel, Herrlee Glessner, 1937, p. 236).

The different in usage between tu and fang suggests that whereas tu were real lands to the north, south, east and west of the Shang from whom they received harvest grain, the fang were primarily important as spiritual entities. The fang or quadrates may have overlapped with real lands, but the term referred primarily to spirit lands, the homes of the winds with power over rain and harvest (Creel, Herrlee Glessner, 1937, p. 96).

This impression that the four quadrates were spirit lands is confirmed by later textual tradition. In the Chuci Zhao hun. , the ‘Summons of the Soul’ the dead or dying man is called back from each of the four quadrates by Wu Yang, the ‘ sorcerer’ Yang:

Oh soul, come back! Why leave your old home and go to the four quadrates (si fang )? Leaving your happy abode, you shall meet with misfortune.
Oh soul, come back! You cannot lodge in the Eastern quadrate. There are giants there, tall as a thousand men, who seek souls. The ten suns rise from there one by one; they melt metal and liquify stone. There, everyone is accustomed to it, but you, soul, would surely dissipate. Come back! You cannot dwell there!
Oh soul, come back! In the Southern quadrate you cannot bide. They tattoo their foreheads and blacken their teeth. They use human meat for sacrifice and make a broth of the bones. There are masses of vipers and a great fox who can leap a thousand miles. And an enormous python with nine heads who darts back and
forth, swallowing men to satisfy his appetite. Come back! You cannot wander long there.
Oh soul, come back! The horror of the Western quadrate is drifting sands for a thousand miles. They swirl around and enter the Thunder Abyss; they grind everything down and cannot be stopped. And if, by chance, you should escape, a world of desolation is beyond. The red ants are like elephants and the dark wasps like jugs.(Chuci Tongshi, 1975. p.113).
Having called the soul back from the four quadrates, Wu Yang then turns to the land above, Heaven, and to the underworld, here called You Du , the ‘Dark City’.
Oh soul, come back! Do not climb up to the sky. There are tigers and leopards at the nine gates which snap at men from the world below and cause them harm. There is a man with nine heads who can pluck up nine thousand trees. He looks about like a ravenous wolf, pacing to and fro. He hangs men for amusement and tosses them into the deep abyss.
Oh soul, come back! Do not descend into the Dark City. The body of the Lord of the earth is twisted nine times and his horns are very sharp… He has three eyes, a tiger head and the body of an ox.
The other ‘summons’ poem in the Chuci, the Da zhao, ‘Great Summons’ is very similar to the Zhao hun, but it only includes the four quadrates.

In the ‘Summons of the Soul’ the four quadrates partake of the characteristics of the directions in which they lie–the north is cold, the south is hot and has tattooed men,… – but they are clearly lands in which human beings cannot survive, inhuman and full of monsters. Like the sky above and the underworld below with which they are combined in this text, they are lands of the imagination (Lai, 1971, p. 63).

Conclusion

The Chinese rendered ghanta as da lingduo “large bells.” The late Neolithic ling was a small bell with an internal clapper, intended for suspension by means of the loop in its crown. It would be attached, for instance, to a shaman’s belt, and later to horse-and-chariot gear and to canopy curtains. Subsequent types of ling, however, appear to have been handheld. The duo, dating possibly from the Shang dynasty (ca. 1700-1040 B.C.E.), was a hand-held clapper-bell with a cylindrical shank. Lothar von Falkenhausen, Suspended Music Chime-Bells in the Culture of Bronze Age China depicts pairs of small, hand-held bells attached with a cord running through the loop in their crown and struck together are described in Tang-period literature, where they are called pengling, shuanling, etc (Keung, Wai, 2004, p. 306)

Works Cited

Hawkes David, Ch’u Tz’u: Songs of the South (New York: Penguin Books, 1985).

Lothar von Falkenhausen, “Niuzhong Chime-bells of Eastern Zhou China,” Arts Asiatiques 44 (1989): 69.

Lothar von Falkenhausen, “Ritual Music in Bronze Age China: An Archaeological Perspective” (Ph.D. diss., Harvard Univ., 1988), 316-20, 471-72.

Chaves, Jonathan. “Wu Li (1632-1718) and the First Chinese Christian Poetry.” The Journal of the American Oriental Society 122.3 (2002): 506

Creel, Herrlee Glessner. Studies in Early Chinese Culture. Baltimore, MD: Waverly Press, 1937.

Keung, Timothy Wai. “Restoration of a Poetry Anthology by Wang Bo.” The Journal of the American Oriental Society 124.3 (2004): 493

Lai, C.M. “The Art of Lamentation in the Works of Pan Yue: “Mourning the Eternally Departed.”.” The Journal of the American Oriental Society 114.3 (1994): 409

Rexroth, Kenneth. One Hundred Poems from the Chinese. New York: New Directions, 1971

Chuci Tongshi. Ancient Chinese poems. Renmin chubanshe 1975

Ritual Performance and Cosmology in the Rig Veda

The Rig Veda is the holy book of Indian Aryans, which was written during the conquest of India. It was a time of the emergence of “forest universities,” in which the beginnings of Indian spirituality and mysticism developed (Smith, 2019). By the time Buddhism arose, all Vedic literature, including Brahmins and Upanishads, already existed. According to the theory of Brahmanism, Vedas are still considered the most important scriptures in India. Thus, this paper discusses the interaction of human and the environment in a broad sense of the word: biological, geographical, and social.

Despite differences in the interpretation of features text as a whole, the data remained of the most ancient Indian religious texts allows restoring some elements of mythology and cosmology of the Vedic Indians. Initially, there was “Something One” (tad-ekam), which has a single attribute – integrity, indivisibility (Smith, 2019). The basis of being implies something impersonal, in which there is no division into existing and non-existing. Orientalist Giuseppe Tucci described it in its full vitality the complex dual nature of disintegration and reintegration: “It is, above all, a map of the cosmos. It is the whole universe in its essential plan, in its process of emanation and of re-absorption” (Singh, 2017 p.10). Hence, Rig Veda introduced the first idea of these cosmic connections, concerning the tertiary segregation of the world into “earth, atmosphere and heaven, created by three appropriate words, the sounds produced by Vac, the sacred word – “bhu, bhuvah, svah” (Tucci 1968: 116). The earthly world was also seen as a kingdom of differences arising from the division of an original whole into two parts; the existing-non-existing, death-immortality, day – night.

Then an idea is formed of a particular “abstract deity” who creates all that exists; he is called differently (Visvakarman, Prajapati) (Smith, 2019). It is devoid of any attributes or anthropomorphic features and is formless, not having a visible appearance, foundation that underlies all things (Halbfass, 2017). Deities create elements and ideas combining male and female principles from which the world is born. At the same time, the mystery of an appearing world remains unsolved. In one of the hymns to convey a sense of uncertainty and doubt, the image of a particular universal “overseer” (Adhyaksha, demiurge) is drawn (Rig Veda 10:129). Endowed with a higher vision, examining cosmic panorama, the Adhyaksha could answer all questions posed in the hymns. This god represents the initial source of creation of the world and he knows how everything began. However, there is a mystery behind this creation of the world since Adhyaksha is the one who can know but also might not know.

There is a common belief of Hindus about the sacred tree called Ashvatha in Vedic literature, the pipal. It serves as the combination of three conditions of universe in the image of the flower, where roots represent the creation, main stamen represents existence, and the tips represent involution (Singh 2017). Altogether, it is the embodiment of the cosmos in the ancient texts that praises the “tree of life”. The “world tree” was a symbol of everything that exists. Many cosmogonic representations in Samhita are associated with the concept of the “first germ” (sansk pratham garbha) – the golden egg (brahmanda) (Smith, 2019). That brahmanda occurs in the pristine ocean and in which the gods and prototypes of all creatures are enclosed. The image of the “primordial” egg in the waters is found in the cosmogonic myths of various nations. In Vedic India, however, the image of the cosmic egg (golden embryo) has a unique interpretation in terms of the Indian cultural traditions (Samitharathana, 2019). Of all the cosmogonic ideas of the Rig Veda, this probably had the most significant influence on the further development of Vedic thought.

The Brahmanas paint a complex picture of emergence and formation world as a result of the division of the “golden embryo” into two hemispheres, one of which became the sky and the other the Earth (Halbfass, 2017). This scheme, with well-known modifications, is later found in the most important Hindu texts, especially in the cosmogonic parts of the Puranas. One of the hymns of the Rig Veda – “Purushasukta,” gives another cosmogonic answer. It describes the cosmic giant Purusha, whom the priests sacrificed (Smith, 2019). Purusha Prajapati is the cosmogonic portrayal of the dissolution and restoration; he is the first human depicted through three vertical levels of Indian cosmos, namely earth, atmosphere and heaven (Shatpatha Brahmana 7.1.2.1 and 7.1.2.2-6). From the parts of his body, deities were born Earth and sky, sun and moon, plants, animals, people, ritual objects, and hymns themselves.

The theme of the creative world from the body of the primordial first man of Guyard is present in the mythology of many nations, particularly in the Persian Avesta (Samitharathana, 2019). There described, who is the embryo for the Earth, acting here as an egg of a Higher Being. However, the Rig Veda omits the meaning-forming details, in contrast to the Avesta. Overall, the Purusha, although it assumes an anthropomorphic image, appears more like an infinite source of creation than a deity (Singh, 2017). It represents the embodiment of the whole universe – elements and creatures.

The actions of people and gods are a manifestation of Purusha’s comprehensive activity. The image of Purusha firmly entered into the later religious and philosophical systems, but in them he completely lost any anthropomorphic features, turning into an abstract symbol of the original substance (Smith, 2019). The idea of ​​”cosmic sacrifice” also survived the Vedic time (Smith, 2019). Not only during the Upanishads but also in the Hindu era, sacrifice, in comparison with other sacred actions, has a special place, it is directly connected with the process of peacemaking. Upanishads say in bold terms: “Seek not to favor from any such divinity; reality is not the divinity which you are worshipping – nedam yad idam upasate; the guardian of order isn’t outside … (Samitharathana, 2019 p.10). The source of the first world was also considered to be “cosmic heat,” or tapas, which concerns the various phases of the sun’s heat (Chapter II.C-1, 2, 3, and 11 in RV). Besides, there is no distinction between the cosmic heat and earthly heat of the ritual (fire) and of the human body; the rituals are the linkage of the world and the human being.

The passage is significant for understanding later religious and philosophical views. Already in the Brahmans, tapas, identified with the tension will of an ascetic in yoga contemplation, are considered as the main active principles in the process of peacemaking. In the hymns of the Rig Veda, tapas are the embodiment of the original impersonal energy, which stimulates all life processes (Halbfass, 2017). Tapas designated heat created by ritual activity and by physical mortification of the body. From tapas, desire is born (sansk kama). The parallel can be traced with Buddhist interpretation of the role hope in the global cycle: ideas about things arise from desire as the initial impulse of being.

Vedic cosmology offers various answers to the crucial question of the origin of the world. Along with the abstract deity-personification of the creation process itself, this is the first germ (Sansk. Brahmanda, Hiranya Garbha), and the sacrificed primary being Purusha, as well as the “cosmic heat” (sansk tapas) (Samitharathana, 2019). The fact that many of the cosmogonic hymns are clothed in the form of questions goes far beyond than being a literary device. The authors admit them: there can be many answers; the truth is unknown even to the gods, the picture of the life of the universe is unclear and confusing to unravel (Smith, 2019). The cosmology of the Rig Veda era tried to single out the general principle the structure of the world, which would explain individual phenomena and their interconnections.

Moreover, it is essential to examine the meaning of the term “Rita”, as this concept, also used in Avesta, revealed Samhita as the fundamental basis of the world and the theoretical basis of operating laws. Rita speaks for the cosmic and physical order of the Universe. It was identified with Sathya (truth, truthfulness, honesty), which included the ethical standards of Vedic society: fidelity to duty, courage, and hard work. The moral aspect of Rita is expressed very clearly here; it is even stated that “thinking about Rita destroys sins” (Singh, 2017). Compliance with its “laws” is equivalent to doing good deeds, abstaining from lies, and hypocrisy. Thanks to Rita, the sun moves around the ecliptic, the seasons change, light scatters the darkness of the night. The most common definition for it is “The Way of the Sun” (Halbfass, 2017). Based on Vedic religion, it was necessary to properly perform the sacrifices to gods for its continuance. Once the established order is broken, it was considered a sin and required careful atonement.

Rita is the source of the triumph of righteous behavior, a symbol of universal orderliness and harmony. It embodies not only light but also the productive power of nature. The Vedic worldview was permeated with the idea of ​​an inextricable connection of processes in the environment with the cycle sacrificial actions. The power of Rita extends to the gods; the fulfillment of its norms is mandatory for them. Varuna and his constant companion Mithra protect all life with the help of Dharma, which is associated with Rita here (Smith, 2019). One of the book’s hymns says that another deity (Agni), as it were, becomes Varuna if it acts as its guardian. The same subordination of people and celestials to a single universal, impersonal force is the essential idea of ​​the Vedic worldview.

In conclusion, the central system of the Rig Veda is that method of views, which was called the mythopoetic model of the world. The nature in it is presented not as a result of processing the primary data by the sensory organs, but as a result of their secondary transcoding using sign systems. The primary way to interpret the world in this system is a myth. This thinking is based on cosmological schemes, which correlate with events and phenomena of the actual world, construed as a reproduction of a precedent. Thus, the myth is not only a message about the distant past that passes through generations: from ancestors to contemporaries of this era and from the future to their descendants. This sowing continuity concept is essential for the Vedic belief system.

References

Halbfass, W. (2017). The Idea of the Veda and the Identity of Hinduism. In defining hinduism. New York: NY, Routledge.

Samitharathana, W. (2019). A contrasted philosophical approach to Rig Veda & Upanishads in Indian thought. Journal of International Buddhist Studies College (JIBSC), 5(1), 1-15.

Singh, R. P. (2017). Appraising the Indian cultural landscape: Envisioning ecological cosmology in the 21st century. North Eastern Geographer, 3-30.

Smith, C. C. (2019). Adhiyajña: Towards a performance grammar of the vedas. Religions, 10(6), 2-20.

Reading Performance Gap Reduction Among English Language Learners

Introduction and Background

Reading comprehension is a significant skill that learners should acquire to achieve a high level of academic performance. However, some of the students may encounter challenges associated with this skill; the majority of individuals experiencing difficulties are English language learners (ELLs). The primary objective of this literature review is to analyze how improvement in students’ comprehension skills and academic vocabulary can lead to a decrease in the academic reading gap among ELLs. To achieve this goal, the analysis addresses several articles on the issue, discussing their main points and ideas.

The paper presents two research questions and the background information on the reading performance gap, along with the significance of the analysis. Then, it features scholarly articles and governmental reports on reading comprehension statistics and the effectiveness of the graphic organizer’s strategy and the vocabulary learning strategy, outlining their possible disadvantages as well. The literature review concludes by identifying the gaps in existing evidence and addressing the possible contributions of the report.

There is a significant need for the elimination of the reading performance gap among ELLs. Currently, there are almost 5 million ELLs studying in the USA, constituting more than 9.5% of all students in the country (National Center for Education Statistics, 2019). The number of ELLs has decreased significantly within the past decades, as in 2000, less than 4 million such students were registered. In addition, more than nine states report that the percentage of ELLs in public schools is 10% or higher (National Center for Education Statistics, 2019). It is possible to suggest that the number will continue to grow.

Despite many years of instructional and assessment-related changes to improve reading instructions in American public schools, many ELLs’ reading comprehension scores remain low (August, McCardle, & Shanahan, 2014). Many ELLs lack language skills that are essential for their academic future and can deprive them of an opportunity to continue quality education. Several factors and challenges may be associated with ELLs’ reading performance. For example, these students may have a decreased capacity to develop reading literacy and skills as compared to their peers, who have English as their first language.

To avoid the adverse outcomes of challenges ELLs encounter from the perspectives of reading, teachers can implement reading comprehension and vocabulary learning strategies. Consequently, the two major issues that this report addresses are the methods that can reduce the reading performance gap among students, including graphic organizers and vocabulary learning strategies.

Problem Statement

The problem of the study is that the reading performance gap is an acute issue today, as there is a significant difference in ELLs’ and non-ELLs’ achievements. At the same time, educators, working with ELLs, may lack the necessary proficiency and knowledge along with poor professional experiences, which may also result in the increased reading performance gap (Gan & Yang, 2018). Thus, it is crucial to outline the strategies that can mitigate this issue and reduce the performance gap among students.

Significance of the Study

Currently, the reading performance gap is a serious concern among ELLs as compared with non-ELL students. Quirk and Beem (2012) report that the statistical data showing a poor level of reading fluency and reading comprehension are significantly related to ELLs. In addition, students that are not fluent in English may be unaware of the decreased level of their proficiency. For instance, the study by Martinez and Murphy (2011) reveals that ELLs may overestimate their understanding of the texts written in the target language, especially if those contain multiword expressions, and show poor results at guessing the meaning of these expressions.

One part of this study will be designed research focused primarily on how to develop efficient reading comprehension through graphic organizers. The primary basis of the research is the assumption that the implementation of graphic organizers strategies can motivate sentence understanding, concept stimulation, and new material storage. The focus of another part of the study is vocabulary learning, the improvement of which has been an effective method for identifying potential complications of reading comprehension, particularly in ELL readers.

Literature Review

For many decades, the differences between ELLs’ and non-ELLs’ academic performance have been studied. The section presented above reveals that ELLs encounter challenges associated with reading. This literature review will answer the following questions: How can the use of the graphic organizer’s strategy decrease the academic reading gap among ELLs? How can the improvement of academic vocabulary learning decrease the academic reading gap among ELLs? These questions were selected because the findings of the literature review can outline the strategies educators can utilize to reduce the reading performance gap among ELLs. In addition, the expected result of the evaluation of the literature is the comparison of the effectiveness of graphic organizers and vocabulary learning strategies.

Reading Performance Gap

Reading is one of the most significant skills ELLs and non-ELLs may have, as it can be the driver of their academic success. Küçükoğlu (2013) defines it as the reader’s ability to understand words and decode text, as well as construct its meaning. Landi, Frost, Mencl, Sandak, and Pugh (2013) report that the primary goal of reading is the comprehension of the material, which allows for the successful processing of the information at all levels. Küçükoğlu (2013) adds that individuals should be able to visualize the information they are acquiring during the process of reading. The author adds that reading fluency, and vocabulary learning should be considered the key elements of reading instructions, which is a vital factor for reducing the existing reading performance gap.

The study by Landi et al. (2013) reveals that students can achieve successful reading comprehension on several levels. On the first one, individuals should show accurate word processing, including decoding of speech sounds, letters, and words. This level of reading comprehension implies that students are yet unable to comprise sentences effectively but can distinguish between words and letters without mistakes. On the next level, students should be able to form sentences and understand the syntax of the English language (Landi et al., 2013). To achieve this level of comprehension, learners should have a relatively good command of the language and understand how to express basic ideas without difficulties. Finally, on the highest level, learners should know how to connect sentences and paragraphs (Landi et al., 2013). It means that they should be able to retell stories and present well-connected arguments.

Evidently, ELLs encounter challenges associated with reading comprehension more often than their non-ELL peers; many current studies on the topic support this claim. For instance, Francis et al. (2019) show that more than 75% of ELLs studying in the US speak Spanish as their first language. Around 70% of Spanish-speaking fourth-grade learners show poor reading skills; their capacities are often below the basic level.

These findings reveal that non-ELL students do not encounter the same challenges associated with reading as their ELL peers because reading in a first language is significantly easier for individuals than utilizing the second language. The following fact supports this conclusion, as only less than 30% non-ELLs encounter challenges associated with reading comprehension in fourth grade (Francis et al., 2019). It means that ELLs encounter challenges associated with reading more than two times as often as non-ELLs. The study by Francis et al. (2019) also reveals that the reading performance gap may persist up until 12th grade.

The study by Olson, Matuchniak, Chung, Stumpf, and Farkas (2017) also addresses the academic performance gap between ELLs and non-ELLs. The authors report that a poor understanding of cognitive strategies is the primary reason students encounter challenges in reading. They note that effective reading comprehension implies the ability to summarize, analyze, predict, and question the given information, as well as generate, access, and use it (Olson et al., 2017). The authors add that educators should implement address the sociocognitive aspects of reading and the challenges associated with this skill to enhance individuals’ performance and reduce the existing gap between ELLs’ and non-ELLs’ skills.

Effectiveness of the Graphic Organizers Strategy

The graphic organizer strategy has been an effective cognitive strategy used to emphasize the key concept in a text. Graphic organizers can be present in the forms of diagrams, webbing, matrixes, flowcharts, and concept mapping (Vásquez & Coudin, 2018). The wide range of available options is beneficial for learners and educators because it is possible to try different approaches and experiments to improve students’ reading skills. Teachers can utilize graphic organizers to aid the selection of significant information and illustrate how data can be structured effectively (Roehling, Hebert, Nelson, and Bohaty, 2017). These tools are easy to use, and schoolers can utilize them without educators’ continuous assistance, which is also beneficial for their learning process.

One of the studies discussing the effectiveness of graphic organizers is the work by Vásquez and Coudin (2018). The authors report that instructors can use these tools to help learners to identify the links between ideas and concepts through a visual format. The primary cause of the effectiveness of graphic organizers is their relation to connectivism, the theory of cognitive processing. The core idea of connectivism is that students learn better when they have an opportunity to strengthen associations between stimuli and responses as opposed to learning from rules or restructuring (Vásquez & Coudin, 2018).

Graphic organizers can help learners to focus on important data and, consequently, improve their overall understanding of the full text. If instructors utilize such a strategy appropriately, students can learn to summarize and interpret pieces of literature correctly and identify relationships between different parts of information (Vásquez & Coudin, 2018). To increase the effectiveness of such a strategy, teachers should focus on verbalizing relationships between the concepts, connect new information to previous knowledge, and reinforce structural analysis and decoding in ELLs. Evidently, educators should pay attention to students’ progress and ensure that graphic organizers help them to understand the information better.

The study by Roman, Jones, Basaraba, and Hironaka (2016) also reveals the significance of the graphic organizer’s strategy in eliminating the academic reading gap among learners. The authors present the example of how teachers can utilize these tools to divide information into conceptually important segments and identify the explicit logical connectives. In addition, Roman et al. (2016) acknowledge the potential challenges associated with reading comprehension, including linguistic and conceptual ones, such as the preconceived notions learners may have. The authors do not report whether teachers can eliminate these challenges entirely at some point in the educational process.

Another study discussing the effectiveness of the implementation of the graphic organizer’s strategy is the work by Praveen and Rajan (2013). The authors note that these tools are the pictures or models that educators can utilize to help students process textual information. They add that graphic organizers have useful functions that may be particularly effective in reducing the reading performance gap between ELLs and non-ELLs (Praveen & Rajan, 2013). These features can assist learners in structuring the information to understand it better, putting it into categories, outlining the main idea and the supporting details of the texts, constructing the meaning of complex words, understanding the context, and identifying possible perceptual and conceptual errors.

The study by Praveen and Rajan (2013) provides several examples of graphic organizers based on their categories and possible application methods. It shows that graphic organizers have many forms; educators can select the most effective ones based on the types of activities in the classroom and the purposes of the lesson. The authors add that these tools can also be a part of instructional strategies that teachers can utilize to analyze students’ ongoing comprehension or perform as a summative activity (Praveen & Rajan, 2013).

The article concludes that graphic organizers can promote strategic reading competence, successful classification of the content, and the ability to distinguish between significant and insignificant information in students. Thus, the authors agree that graphic organizers can eliminate the reading performance gap among ELLs.

The study addresses a significant feature of graphic organizers that is not present in other works on the issue. Praveen and Rajan (2013) report that there are differences in the effectiveness of graphic organizers based on their types. Specifically, readymade graphic organizers may result in a lack of motivation among students. The possible reason for such an effect is that learners may view these tools as templates or handout materials that educators often use during the classes. In contrast, allowing students to create their own organizers can ensure the development of their thinking skills and enhance their motivation to learn (Praveen & Rajan, 2013). As a result, such an approach can improve individuals’ reading comprehension.

Effectiveness of the Vocabulary Learning Strategy

Vocabulary learning is a fundamental part of English language learning, especially among ELLs. The vocabulary learning methods teachers can utilize include Contextual Clues, Dictionary (English-English) Strategy, and Computer-Assisted Language Learning (CALL) (Ali, Mukundan, Baki, and Ayub, 2012). Several studies suggest the effectiveness of the vocabulary learning strategy. For instance, the research by August et al. (2014) shows that previewing key vocabulary through analyzing context-reach sentences and words’ definitions along with questioning learners throughout the reading can improve their understanding of the texts’ meaning.

The authors add that there are various possible approaches to the vocabulary learning strategy. For instance, instructors may help students to learn words through storybook reading, immersing learners in language-rich environments, and directly teaching individual words (August et al., 2014). In addition, educators can utilize students’ first language as a basis for English vocabulary development. It is vital to note that teachers implement some of the strategies August et al. (2014) discuss on a daily basis. For instance, students studying in the US already live in English language-rich environments, which means that they are more likely to acquire more strong language skills. However, it is evident that additional measures are crucial for ensuring that educators can decrease the reading performance gap.

Another study that addresses the possible benefits and disadvantages of vocabulary learning strategies is the work by Ali et al. (2012). The authors report that learning vocabulary through dictionaries, including bilingual ones, or the analysis of the context can improve students’ knowledge of different meanings of polysemic words, thus, decreasing the academic gap among ELLs. The utilization of the Contextual Clues technique also shows effectiveness in helping individuals to process sentences that they are reading.

Finally, Ali et al. (2012) report that teachers can use computers as supporting tools for vocabulary learning, as their implementation is associated with more positive learning attitudes compared to conventional methods. This study is the only one selected for the literature review that discusses the significance of the implementation of technology. In their work, the authors also suggest that educators should combine several vocabulary learning strategies to help students achieve better results (Ali et al., 2012).

Notably, the study shows that some of the most common approaches to vocabulary learning may be ineffective. For instance, the authors note that the use of the Contextual Clues tool may result in mistakes in students’ determination of clues (Ali et al., 2012). The possible reason for it is that students may lack the necessary language skills and knowledge about American culture to understand the clues correctly; moreover, some types of such tools may be designed not for ELLs specifically, which means that the results of their implementation are unpredictable. In addition, the utilization of dictionaries as methods of enhancing vocabulary in class may be challenging, too, as learners may refuse to carry them to schools because of their size (Ali et al., 2012).

Although educators can eliminate this problem by asking students to leave their dictionaries at school, it is crucial to ensure that the vocabulary learning method is not associated with additional difficulties for individuals.

The work by Zhang, Lin, Zhang, and Choi (2017) also addresses the effectiveness of the vocabulary learning strategy. The authors have conducted two surveys and analyzed ELLs’ motivation toward vocabulary learning along with their vocabulary learning strategy and language skills. The findings of the study are notable, as Zhang et al. (2017) conclude that vocabulary learning strategies play a mediating role in motivating ELLs to acquire language skills. The authors analyze the effects of intrinsic and extrinsic motivation on vocabulary knowledge and conclude that the former is highly significant for improving students’ reading performance.

Zhang et al. (2017) note that educators should consider vocabulary learning a proactive process that requires a student to be motivated to study new words and use cognitive and meta-cognitive learning strategies. They conclude that the effective transformation from learning objectives to improved reading performance is associated with individuals’ motivation.

Critique and Common Threads

The literature review reveals that the implementation and utilization of both the graphic organizer’s strategy and the vocabulary learning strategy can reduce the reading performance gap among ELLs and non-ELLs. The use of graphic organizers is effective because they can improve the process of cognition in students, helping them to strengthen the associations between the text and the images or concepts they may have in their minds (Kansızoğlu, 2017).

As a result, ELL students may manage some of the most significant challenges they encounter, which is the decoding and interpretation of the information from texts. All studies selected for this paper conclude that the segmentation of the learned data and its division is one of the most significant functions of graphic organizers, which can lead to positive results in students’ reading performance.

Another vital finding of the literature review from the perspective of graphic organizers strategy is that educators may try different types of these tools to analyze, which of them can have the most significant results and reduce the reading performance gap effectively. One of the possible conflicting results of the literature review is that the majority of studies claim graphic organizers to be effective, while the work by Praveen and Rajan (2013) shows that teachers should select these tools carefully and avoid providing readymade ones to ELL students.

The majority of findings of the literature review regarding vocabulary learning strategies also suggest that the utilization of such tools is effective in the reduction of the reading performance gap. The majority of studies on vocabulary learning strategies present quantitative research methods based on surveys, questionnaires, and reports of teachers and ELL students. Works selected for the review reveal that educators should choose vocabulary learning carefully, as not all of them may have a positive impact on students’ performance.

The authors of the studies agree that it is crucial for instructors to use different approaches and teach vocabulary through dictionaries, contextual clues, or vocabulary-rich environments while noting that some of these strategies may be ineffective if implemented inappropriately (Alghamdi and Al Ahmed, 2018). Notably, the research shows that vocabulary strategies are not the primary factors contributing to the elimination of the reading performance gap. Instead, students should have a high level of motivation to learn new words to succeed.

It is possible to conclude that all of the selected studies provide high-quality evidence on the topic. Overall, graphic organizers seem to be more effective in reducing the reading performance gap among ELLs compared to vocabulary learning approaches the reports to feature. The primary cause of it is that they are not related to students’ motivation and do not require learners to have a desire to acquire knowledge. Second, as mentioned above, there are many types of these tools educators may use, which means that if the implementation of one type of organizer does not show significant results, teachers can utilize another one to see if it is more effective for ELLs.

As for vocabulary learning strategies, their implementation may potentially be associated with challenges because they may require significant dedication from teachers because they may be more difficult to implement (Siddiqua, 2016). In addition, existing studies report a limited number of vocabulary learning strategies compared to graphic organizers ones. Thus, the latter show higher effectiveness in minimizing the reading performance gap among ELLs.

Gaps in the Literature

It is vital to discuss the gaps in the existing literature on reading performance and the challenges ELLs encounter regarding this issue. First, there is a lack of statistical data on differences in reading performance and the gap between the achievements of ELLs and non-ELLs. There is a limited number of peer-reviewed articles addressing the topic; government reports are the sources providing most of the information available on the current gap in reading performance. Second, the studies on the topic do not seem to address vocabulary learning strategies in detail. Most of the selected works discuss the same approaches to vocabulary acquirement, including the utilization of dictionaries, while noting that such strategies may be ineffective.

However, this problem may be associated with the fact that there are not many effective approaches to vocabulary enhancement available. Third, the authors addressing graphic organizers and vocabulary learning strategies, do not discuss their disadvantages in detail. They outline the significance of motivation but do not feature the information about the results of poor motivation in ELLs. Finally, another gap in the existing literature is the lack of recent studies on the topic. The majority of information on strategies is available from sources that are more than five years old, which means that currently, the issue is understudied. Notably, the research on the literature shows that there is sufficient data on other types of performance gaps among ELLs, which means that reading is an especially understudied skill.

Contribution of the Study

The study of the issue offers additional scholarship on the topic because it addresses the causes of challenges ELLs may encounter and discusses the possible approaches teachers may implement to eliminate them. This literature review assesses the possible contribution of reading comprehension and vocabulary learning strategies to improve ELL students’ reading achievement by analyzing existing evidence. At the same time, the present literature review can guide future studies as it outlines the gaps in the existing literature, showing that there is a lack of information on the differences between ELLs’ and Novell’s performance.

The report shows that possible modified curriculum and instruction changes are necessary for the elimination of ELLs’ reading performance gaps; the alterations must focus on the improvement of existing teaching approaches. Future research should deliver more potential strategies for how teachers can assess and improve the efficiency of the reading materials, as well as what graphic organizers and vocabulary learning strategies are the most effective ones from the perspectives of the reduction of the reading performance gap.

Instructors can use the findings of this literature review to evaluate the effectiveness of the strategies they implement in the classroom. For instance, they may shift their focus from vocabulary learning strategies to graphic organizers ones to minimize the reading performance gap among ELLs more rapidly. In addition, the literature review offers useful information on the particular types of these approaches that educators can utilize while outlining the outcomes of their inappropriate implementation. Thus, this report can contribute to the minimization of teaches’ errors regarding the use of graphic organizers and vocabulary learning strategies.

Conclusion

This literature review has addressed the challenges influencing students’ performance, including a decreased capacity to develop reading literacy skills among ELLs and the lack of knowledge their instructors may show. The report shows that the utilization of effective reading strategies, including graphic organizers and vocabulary learning ones, can potentially reduce the reading performance gap among these students.

The literature review answers the research questions and reveals that the utilization of the graphic organizer’s strategy can eliminate the reading performance gap because it can help students to decode and interpret the information, structure the texts effectively, and understand the texts better. In addition, such an approach can allow individuals to organize the data into categories and identify the meaning of complex words.

Moreover, the report shows that the vocabulary learning strategy is effective too because it can improve students’ of the texts through analyzing context-reach sentences and words’ definitions. Notably, the literature review shows that some of the most common approaches to improving ELLs’ reading skills, including the Contextual Clues, are ineffective. In addition, one of the possible disadvantages of vocabulary learning strategies is that it requires a high level of motivation among students; otherwise, its usefulness in the minimization of the reading performance gap may be decreased. In summary, educators can utilize both graphic organizers and vocabulary learning strategies, as these approaches show excellent results in improving learners’ reading performance.

References

Alghamdi, A. K., & Al Ahmed, S. (2018). Effective methods for teaching English vocabulary to Saudi female students. Journal of Education and Learning, 12(1), 118-125.

Ali, Z., Mukundan, J., Baki, R., & Ayub, A. F. M. (2012). Second language learners’ attitudes towards the methods of learning vocabulary. English Language Teaching, 5(4), 24-36.

August, D., McCardle, P., & Shanahan, T. (2014). Developing literacy in English language learners: Findings from a review of the experimental research. School Psychology Review, 43(4), 490-498.

Francis, D. J., Rojas, R., Gusewski, S., Santi, K. L., Khalaf, S., Hiebert, L., & Bunta, F. (2019). Speaking and reading in two languages: On the identification of reading and language disabilities in Spanish‐speaking English learners. New Directions for Child and Adolescent Development, 2019(166), 15-41.

Gan, Z., & Yang, C. C. R. (2018). How prepared are the preservice ESL teachers to teach: Insights from university supervisor feedback. Journal of Asia TEFL, 15(1), 99-117.

Kansızoğlu, H. B. (2017). The effect of graphic organizers on language teaching and learning areas: A meta-analysis study. Education & Science, 42(191), 139-164.

Küçükoğlu, H. (2013). Improving reading skills through effective reading strategies. Procedia-Social and Behavioral Sciences, 70, 709-714.

Landi, N., Frost, S. J., Mencl, W. E., Sandak, R., & Pugh, K. R. (2013). Neurobiological bases of reading comprehension: Insights from neuroimaging studies of word-level and text-level processing in skilled and impaired readers. Reading & Writing Quarterly, 29(2), 145-167.

Martinez, R., & Murphy, V. A. (2011). Effect of frequency and idiomaticity on second language reading comprehension. TESOL Quarterly, 45(2), 267-290.

National Center for Education Statistics. (2019). . Web.

Olson, C. B., Matuchniak, T., Chung, H. Q., Stumpf, R., & Farkas, G. (2017). Reducing achievement gaps in academic writing for Latinos and English learners in grades 7–12. Journal of Educational Psychology, 109(1), 1-21.

Praveen, S. D., & Rajan, P. (2013). Using graphic organizers to improve reading comprehension skills for the middle school ESL students. English Language Teaching, 6(2), 155-170.

Quirk, M., & Beem, S. (2012). Examining the relations between reading fluency and reading comprehension for English language learners. Psychology in the Schools, 49(6), 539-553.

Roehling, J. V., Hebert, M., Nelson, J. R., & Bohaty, J. J. (2017). Text structure strategies for improving expository reading comprehension. The Reading Teacher, 71(1), 71-82.

Roman, D., Jones, F., Basaraba, D., & Hironaka, S. (2016). Helping students bridge inferences in science texts using graphic organizers. Journal of Adolescent & Adult Literacy, 60(2), 121-130.

Siddiqua, A. (2016). . The Journal of EFL Education and Research, 1(1). Web.

Vásquez, J. M. V., & Coudin, R. Z. (2018). Graphic organizers as a teaching strategy for improved comprehension of argumentative texts in English. Actualidades Investigativas en Educación, 18(2), 32-54.

Zhang, Y., Lin, C. H., Zhang, D., & Choi, Y. (2017). Motivation, strategy, and English as a foreign language vocabulary learning: A structural equation modelling study. British Journal of Educational Psychology, 87(1), 57-74.

Specific Performance: Right to Specific Performance

Introduction

Contract laws form the major part of business laws in the UK. There are certain major constituents governing contract laws, in terms of a valid offer by one party, and its acceptance by the other, legality of object of contract, consideration, capacity of the parties to enter into contracts (not being minors, mentally retarded, or in any other way incapable of understanding and entering into contracts), legality of the objective of contract and the bona fide intentions of parties to enter into contractual obligations to one another. However, contracts may be void, ab initio, whether with or without the knowledge of parties, be a subject of supervening impossibility or may be rendered void or voidable, at the option of either parties.

It is now proposed to consider all the three variants of the present case study in order to form a cogent and succinct legal opinion of what transpired in the contractual obligations between the parties and what remedies could be sought.

Scenario 1

In this case, the contract formally induced between X and Y stands valid. The contract was formalized on January 1, 2000 and needed to be completed by July 31, 2000. The fact that the contractor X had not taken into account the cost of materials and labour while presenting the estimates is not a valid defence for rescinding the contract. Y can demand specific performance by due date. “Specific performance is ordered only on equitable grounds in view of all the conditions surrounding the particular case. The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss.” (Specific Performance, Right to Specific Performance, para.1).

Alternatively, he may rescind the contract in the event of X’s non –performance and demand damages. X’s transaction with Z has no bearing whatsoever on this case, except that Y may prevent Z’s contract until his contract is completed.

Scenario 2

This contract has been vitiated by supervening impossibility, due to the takeover of the land on a date prior to the signing of the contract, i.e. 21st December 1999. “If, after a contract is formed, circumstances arise which make a party’s performance impossible or impracticable, his duty to render that performance is discharged.” (Impracticability and Frustration of Purpose, Supervening Impossibility and Impracticability of Performance, para.1). The contract is voidable at the option of the parties, or they could get a stay order disallowing the road construction and X, on his part could go ahead with his part of the contractual obligation. It is a matter of courts to decide whether the work need to continue or could be abandoned at the volition of the parties.

Scenario 3

Mr. X claims that lack of equipment could be the reason for his inability to perform his part of the contract, i.e. extending the house of Y. While it prima facie appears in violation of his contractual agreement with Y, it is for the respective parties to reach an amicable settlement on this issue. On his part, Y could either rescind the contract or claim damages, or he could give more time to X to complete his contractual obligation, with or without a reduction in the final settlement price contracted with X.

Conclusion

It is evidenced that the law of contract depends heavily upon the terms of the contractual obligation between parties and their implications. While the aspects of utmost good faith and commitment to contractual obligations are important considerations, it also needs to be seen that each party to the contract is in a position, as far as possible, to take cognizance of facts before entering into contracts with third parties.

Works Cited

Impracticability and Frustration of Purpose: Supervening Impossibility and Impracticability of Performance. 2009. Web.

: Right to Specific Performance. The Free Dictionary. 2009. Web.

Contract Performance and Patent Practices

Introduction

The major criterion that is used in evaluating performance contracts is the assessment of the core roles of the contractor. This is because the ultimate goal of a performance contract is improving the quality of results posted by contractors. This will ultimately improve the efficiency of the contractor with regard to the use of resources. Various governments around the world have resorted to the use of performance contracting for this reason.

In this essay, the author is going to look at various criteria of evaluating a performance contract. A discussion of at least one aspect of contract performance that has the potential to bring about difficulties in the author’s current and future positions will be provided. The author will also look at the strategies that can be used to overcome difficulties brought about by performance evaluation. At least two ‘best practices’ that can be used to deal with data, patents, and copyrights will also be analyzed. This is in addition to an explanation of how best to apply these practices in the author’s current and future positions.

Elements of a Performance Contract

It is noted that a performance contract between an employee and an organization should have clearly defined performance elements. This is especially so given that a performance contract is one of the most important documents used to gauge the efficiency (or lack of it thereof) of the employee. The elements that should be clearly defined and illustrated include the desired or expected results, guidelines to be followed, resources at the disposal of the employee, accountability and consequences of the employee’s actions among others (Flyvbjerg & Cowi, 2004). It is important to note that desired results should stipulate both strategic and operational duties that the employee is expected to perform within a stipulated period of time. This means that the objectives of the contract should be streamlined and aligned with the day to day activities of the employee (Hongxia, 2011).

Secondly, the roles of the employee in the organization should be highlighted so as to enhance governance (Hongxia, 2011). There are parameters that outline the quality of results to be posted within a specified period of time, as well as the principles and policies that will govern the execution of the contract.

The contract should also specify the resources that the employee will have access to within and without the organization. This includes human, technical, financial, and organizational support that will help the employee in accomplishing their tasks. It is also important to clarify the level of accountability expected on the part of the employee as per the specifications of the contract. The rewards and incentives to be given out when the employee achieves the set targets- for example promotion, increase in payment and such others- should also be made clear. Finally, the consequences of failure to achieve the targets within the stipulated period, taking into consideration exogenous factors, should be made clear to the employee. These are consequences that may include cancellation of the contract.

Performance Evaluation Methodology

The evaluation methodology takes into consideration the interests of the employees and those of the employer. In this case, the government is the employer while public servants are the employees. In terms of results, the output of the various departments within a given period of time (usually within one financial year) is assessed (Jensen & Murphy, 2011). In addition to this, the achievement of the strategic plan formulated by the government and the department are assessed. In terms of behavior, the relationship among the employees and between the employees and the management, professionalism of this relationship, demonstration of effective leadership skills and promotion of the collective interest of the government are also assessed for each and every department (Flyvbjerg & Cowi, 2004).

After the assessment is carried out, the information obtained is rated using five basic clusters. These are ‘exceptional’, ‘very good’, ‘satisfactory’, ‘marginal’, and ‘unsatisfactory’. When the rating is unsatisfactory, the employees are warned and advised to improve their future performance. If this trend persists, it may lead to cancellation of the contract binding the employee and the employer. When the ratings fall under the first category, the employees are awarded or given an incentive such as a bonus, a raise in salary and such others.

Difficulties in Performance Contracting

The areas discussed above are likely to conflict with the performance of the public servant. This is, for example, conflict of interests. Personal interests may precede the interests of the employer in the workplace, which will result in failure to achieve the set targets within the specified time period. Another difficulty associated with performance contracting is poor leadership. According to the American Bar (2012), poor leadership might hamper effective communication among employees and between employees and the management. This may lead to wastage of resources in efforts to make up for the inadequacies. It can also lead to souring of the relationship between the civil servants and the members of the public who may feel that their resources are wasted on an incompetent workforce.

Strategies to Overcome Such Difficulties in Performance Contracting

According to Jensen & Murphy (2011), strategies should be devised to address the difficulties identified above. Failure to do this will lead to poor performance on the part of the employee, which in turn will lead to conflicts and misunderstandings between the employee and the employer. The strategy that is commonly used to address difficulties in evaluating employees’ performance is the application of an employment contract. Most employment contracts last for about five years, after which they may be renewed. This gives the government the opportunity to assess the performance of the employee (American Bar, 2012). If the performance is satisfactory, the contract can then be renewed. However, if performance is poor, the government has the right to reject and nullify the contract.

Another strategy commonly used is the signing of performance agreements, where the employees are required to complete an annual performance agreement with their respective supervisors. The purpose of such an agreement is to help the employees identify and define the objectives of their activities and what is expected of them. This agreement forms the basis of appraisal or demotion.

Other strategies that can be used to overcome these challenges include the adoption of control measures to ensure that resources are used as planned. This is for example through the use of a purchase agreement. Another strategy is the drafting of a suitable time schedule that is flexible enough to accommodate the various environmental factors that are likely to affect performance. This will make it easy for employees to adequately plan their activities in accordance with the schedule.

Best Practices for Patents’ Rights

In order to come up with a ‘non-obvious’ and effective claim over a piece of art or invention, there is need to conduct a thorough research on the subject of interest (American Bar, 2012). This can be achieved by coming up with a list of patents that have already been issued and those applications that are being processed. This research should help the individual avoid reinventing or infringing on patents that have already been secured by other people. This will effectively avert law suits that would have wasted the resources of the organization.

Another ‘best practice’ with regards to patents is coming up with an effective management team, especially if the area of interest requires high level of technical skills (American Bar, 2012). This will come in handy because the technical team can help in prioritizing the various areas of operation. The team will also ensure that the patent obtained is synchronized with the business objectives, strategies, and goals. The team will also ensure that these rights are not infringed on by others.

Another ‘best practice’ when one wants to secure a patent is to seek advice from a patents’ counsel. The main area of interest can be the infringement of patents held by other people. This is the best option as it will protect the company from law suits filed on the basis of willful infringement.

Conclusion: Applying such Practices

One way of applying such ‘best practices’ is conducting thorough research using information from the websites of patent rights’ issuers (American Bar, 2012). This will help in identifying patents that have already been issued and those that have been applied for. Another ‘best practice’ is to carry out a periodic portfolio review. The portfolio review will help in establishing the present and future values of a patent right and the right time to abandon it. This process is important as it helps the company to eliminate unnecessary patent fees and associated expenses.

References

American Bar. (2012). The intellectual property audit. Web.

Flyvbjerg, B., & Cowi, M. (2004). Procedures for dealing with optimums bias and misinterpretation in planning: Reference class forecasting in practice. European Planning Studies, 16(1), 3-21.

Hongxia, L. (2011). Capital structure on agency costs in Chinese listed firms. International Journal of Governance, 1(2), 26-39.

Jensen, M., & Murphy, K. (2011). Performance pay and top-management incentives. Sydney, Australia: Robert Publishers.