Law Essay

Administrative Action Are grounds of judicial review so poorly defined that they enable the courts to pick and choose the cases in which they will grant judicial review? Should that be the case? Introduction Substantive Grounds of Review: Unreasonableness Unreasonableness as a ground of review is difficult to define with any clarity or certainty and as a direst result has often been branded as a problem ridden aspect of administrative law.The concept of Wednesday unreasonableness, formulated in the case of Associated Provincial Picture Houses v. Wednesbury Corporation [1948] and further developed in Council of Civil Service Unions v. Minister for the Civil Service [1985] per Lord Diplock was that courts would intervene to correct an administrative action based on the ground of reasonableness only if it was â€Å"so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. I ndeterminacy as to the definition of Unreasonableness: Poorly defined grounds of review? The concept of unreasonableness as propagated by Lord Greene and adopted by Australian courts is inherently indeterminate. Whether a particular decision is reasonable or not is often nothing more than a question of degree and opinion by the courts. This creates an overt sense of arbitrariness which then calls into question the consistency and subsequently effectiveness of such a ground of review as illustrated by case law.The effectiveness of unreasonableness as a ground of review was blatantly called into question in the case of Chan v Minister for Immigration and Ethnic Affairs where the High Court and the Federal Court differed in opinion as to what constituted unreasonableness which was manifestly unfair. This apparent inability of the courts to reach a consensus on what precisely constitutes the required degree of unreasonableness in order to allow a reversal of the disputed administrative decision calls into question the consistency with which it can be applied by courts.Although subsequent cases (Prasad v Minister for Immigration and Ethnic Affairs/ Luu v Renevier/ Minister for Aboriginal Affairs v Peko-Wallsend) seemed to prefer an expansive interpretation of unreasonableness, in neither of these cases can it be said that the delegate’s decision represented something that was manifestly unfair or overwhelming as required by Lord Greene’s original version. Conversely, it can be argued that the Federal Court simply reviewed the merits of the case and substituted its decision for that of the original one.In these cases although it was difficult to reach the conclusion that the decision was so unreasonable that no reasonable person would have come to them, that is exactly what the courts did. This further prompts arguments that the ground of unreasonableness is so poorly defined that courts can pick and choose the cases in which they grant judicial review . The wider the interpretation of unreasonableness greater the risk that courts are in essence given greater opportunity to conduct a merits based review with the effect being that judicial review becomes less effective as it loses the element of consistency.In light of this realization, this ground has recently come under close scrutiny by both the judiciary and the legislature. Where unreasonableness does exist as a ground of review, both the High Court and the Federal Court have held unequivocally that it must be strictly construed and that the courts must abstain from using unreasonableness as a guise to hear an appeal and so engage in merits review of a case.In the cases of Minister of immigration and Ethnic Affairs v Eshetu and Minister for Immigration and Multicultural Affairs v Betkhoshabeh, the Court established strict constraints for unreasonableness, insisting that it is only to be used in the most extreme of cases and that the review should only extend to the legality of the decision. These cases clearly mark a turnaround from the earlier approach in Prasad. In essence his ground of review has been narrowed so that it is to be used only where there is unreasonableness in the very strict sense of the word such that courts can only intervene where only one possible conclusion could have been reached by the decision maker but was not so reached. Therefore precisely defining this ground of review is impossible due to conflicting needs to reign in unreasonableness as a ground of review as opposed to limiting its scope excessively.Proponents of the restrictive approach advocated in Eshetu would argue that a wider interpretation and application of unreasonableness may eventuate in judicial review extending to the merits of a case and possibly usurping the administrative process. However to restrict unreasonableness as a ground of review to that extent runs the risk of marginalizing this ground to the effect of making it redundant. This then gives birth to the possibility that occasions where judicial review was warranted due to the oppressive nature of administrative decisions would go unchecked.There must be a ground of review that can capture decisions such as that in Chan that would otherwise escape scrutiny. Moreover the arguments for and against a restrictive approach to interpreting unreasonableness do not of themselves remove other elements of unreasonableness as a ground of review that are poorly defined. The requirements for something overwhelming or for the evidence to support only one possible conclusion are no more determinate than those of the concept of reasonableness itself.There still exists the need for courts to engage in an evaluative, value laden inquiry as to the reasonableness (or the extent thereof) of a decision and this necessarily involves delving into the merits of a decision rather than its legality. The test of whether a decision is reasonable then hinges upon whether the evidence has been considered wit h propriety and reasonably and it is precisely this which makes the test one of poor definition.In determining whether the available evidence was reasonably interpreted, even considering the more recent restrictive approach propagated by courts, the courts are essentially disagreeing with the decision under review on an indeterminate ground. The danger of illegitimate judicial incursion into the merits of the decision remains present despite its strict construction. Violating the Distinction between merits and judicial review: Poorly defined grounds of review?Although courts can justify judicial review on the basis of Wednesbury unreasonableness, this justification is limited in that the courts cannot intervene simply because they do not agree with the administrative decision or view the facts differently. The distinction between judicial and merits review requires that courts only concern themselves with the question of whether the decision maker had acted within the confines of hi s power subject to the issues of relevancy, proprietary of purpose and unreasonableness.In no way must they concern themselves with the appropriateness of nor the policy considerations behind the decision in a bid to influence or criticize the policy. To do so would amount to a merits review and this would be contrary to the rule that the final authority on the merits of a decision should be the body vested with the discretionary power to do so by Parliament.The theory behind this is that although Courts have the constitutional authority to review decisions of the other arms of government, there is an ever present danger that they might extrapolate this duty excessively and effectively exercise the power vested by Parliament in the primary decision maker, hence substituting their decision for that of the intended decision maker. This would amount to a radical breach of the doctrine of Separation of Powers due to the courts’ exercise of a â€Å"surrogate political processâ₠¬  in direct and conflictual contravention of the notion of Parliamentary sovereignty.The aggregate effect would be a decay of our established system of parliamentary democracy as the courts are neither democratically elected nor politically accountable. The credibility and legitimacy of both the judiciary (and judicial review) and the Constitutional guarantee against excesses by any arm of the Government would be impaired should such a development occur. However the problems surface when there is attempt to apply the theory to practice. Judicial review, despite the grounds on which it is justified, ecessarily involves a process that is evaluative, with emphasis on examining the merits of a decision. When this is compounded by the fact that a conferral of discretionary powers are done so in language that often lacks clarity and is open-ended, it is not too remote to state that courts, in their attempt to evaluate the reasonableness of a decision, will have to embark upon the path o f a value-laden judgment about whether there was a breach of the confines of the discretionary power.This inherent problem within grounds of review is particularly exacerbated in the case of Wednesbury unreasonableness because, although the enacting statue would include the requirement of reasonableness, it will inconveniently leave out the definition of reasonableness, hence creating more room for an evaluative process by the courts. This then amounts to a process of pitting a contested decision against an ideal standard of reasonableness, a standard which has to be construed by the courts.It is then no surprise that the result is often an opaque and loose standard which tends to veer towards the substantive elements of a decision rather than the procedural elements. The fundamental problem of Wednesbury unreasonableness as a ground of judicial review is that the trigger for raising this ground is the disputed quality of the administrative decision. Hence what this amounts to is an intervention by the courts in lieu of the merits of the decision, hence blurring the distinction between legality and merit.When courts attempt to evaluate the legality of administrative action on the murky grounds of unreasonableness, they risk justifying a merits review as judicial review and hence risk an intervention based on their construction of unreasonableness and not based on the legality of the decision in question. Procedural Grounds of review: Bias Bias is a failure to have an open mind on the issues. Actual bias, a closed mind, may lead to other reviewable errors but exists as a separate ground of review.Bias as a ground of review also looks at the perceptions and a decision may be set aside for a perception of bias, whether there was any or not. The test is whether a fair minded lay observer would perceive a possibility of bias. This portion of the essay deals with judges continuing to act in a decision making process when they have an interest in the outcome of the c ase. A judge with a financial interest in a decision is not automatically barred from hearing the case and is only barred if the interest was such as to create a perception of bias [Ebner v Official Trustee in Bankruptcy (2000)]The distinction between actual bias and an apprehension of bias is that for the latter there needs to be no issue of whether the judicial officer might or did in fact bring an impartial mind to the resolution of that case. All that is required is that he might or might have brought an impartial mind to the resolution of the case. The High re-defined the apprehension of bias principle in Ebner v Official Trustee in Bankruptcy (2000) such that the governing principle now is that a judge is disqualified if a fair minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to resolving the case at hand.The principle may also need to be modified in the case of some administrative decision makers, to recognize and accommodate the different legal framework within which administrative decisions are made. Indeed, in Minister for Immigration and Multicultural Affairs v Jia, the High Court made it clear that the application of the Ebner principles will depend on the circumstances of the case at hand. Judicial officers, by virtue of their public duty do not lose their rights as citizens to engage in a private life and participate in all that a private life necessarily entails.Therefore to assert that there will be conflicts of interest between the public duty and private life of judicial officers seems to be an otiose argument. Any argument that this conflict of interest could result in bias, hence forming a ground for review must then be contemplated with skepticism. Interest The prominence of financial diversity, prevalent interest in shareholding, necessity of investing in superannuation and its related equity funds all result in a significant number of judicial officers, like their counterparts in other profe ssions to have an interest in publicly listed companies.These publicly listed companies are not only the dominant incumbents of their industries but also, as a result of their expansive service production, likely to be involved in litigation periodically. Therefore there is potential scope for litigants to argue that there should be judicial review of a decision made on the basis of an apprehension of bias because of the pecuniary interest of the judge in the case. However, the resolution of most cases involving large companies is unlikely to be significant in affecting the value of a shareholding.Hence shareholdings in large companies will not be disqualifying factors in most proceedings. The proportion of the shares held to the value of the company as an aggregate is likely to be insignificant such as to warrant an intervention on this account. Association There is no clear touchstone that can provide an easy method of identifying what might be a disqualifying association and this could provoke arguments that this ground of review is poorly defined and arbitrary. Obviously a judicial officer cannot preside in a case in which he or she is a party; or in which a close relative is party.On the other hand, the judicial and planning appeal systems would be unworkable if a member was disqualified simply because they knew a party, let alone a representative of a party. The High Court has stated that a reasonable apprehension of bias may exist where the presiding judge has a substantial personal relationship with a party to, or a person involved in, proceedings or a substantial personal relationship with a member of the family of that party or person. However what constitutes a substantial personal relationship may, in practice, be elusive.Much depends on the nature, duration and closeness of the relationship. The High Court decision in Bienstein v Bienstein, which established the general principle that a judge is not disqualified from hearing a matter simply becaus e, when a barrister, he or she has appeared for a party in the past. The recent decision of the House of Lords in Gillies v Secretary of State for Work and Pensions is illustrative that, in the case of an expert tribunal or court, a relationship with the agency whose decision was under review might not be a disqualifying factor.The House of Lords considered that a fair minded observer, who had considered the facts properly, would appreciate that professional detachment and the ability to exercise an independent judgment lay at the heart of such decisions. No-one is immune from a complaint of apprehended bias. Judges cannot be expected to be value-free. Conduct Sometimes the conduct of a judicial officer may be such that a reasonable person may apprehend that the matter might not be decided impartially.But this does not mean that a judicial officer cannot have an opinion about the general reliability of a witness who regularly appears before a court or tribunal; provided that the off icer is open to persuasion and does not make comment indicating prejudgment. It must be stressed that the expression of tentative views, designed to elicit relevant submissions, does not constitute bias nor create a reasonable apprehension of bias. Indeed, this practice actually enhances procedural fairness by alerting the parties to the thoughts of the tribunal and providing them with an opportunity to persuade the tribunal to adopt a different course.Demands to disclose interests or associations When should a judicial officer respond to questions about their interests or associations? There are different schools of thought as to the appropriate practice to adopt when a judicial officer is asked about his or her interests or associations. My view is that, within reason, it is better to answer specific questions in relation to factual matters in order to put minds at rest; or, if minds are not put to rest, to require the parties to confront the potentially disqualifying interest or association and identify the logical connection this may have with a partial adjudication.However a judicial officer should not feel compelled to identify and disclose all possible interests and associations, direct and indirect, whether or not relevant to the case at hand. And there is certainly no obligation to answer questions about opinions, values or attitudes. Effect of non-disclosure of non-disqualifying interest What happens if a judicial officer does not disclose an interest or association which might have been disclosed as a matter of prudence (on the asis that it was potentially disqualifying), but, when revealed, was not ultimately found to be a disqualifying interest or association? In Ebner, the majority of the High Court thought it necessary to distinguish between considerations of prudence and requirements of law. The court considered that, as a matter of prudence and professional practice, judicial officers should disclose interests and associations if there is a se rious possibility that they are potentially disqualifying.But it thought it was neither useful nor necessary to describe this practice in terms of rights or duties. Thus if a judicial officer does not disclose a non-disqualifying interest or association, his or her silence cannot reasonably support an inference of want of impartiality. Conclusion The High Court has emphasized that judicial officers should not be too ready to disqualify themselves when confronted with an insubstantial objection, lest that this will lead to forum shopping.But the same does not go to disclosure of potentially disqualifying interests or associations. Quite apart from any moral responsibility, recent decisions have shown the practical virtues of disclosure in circumstances of any doubt. But in determining any objection a court or tribunal should apply a method that requires there to be some logical connection between the alleged disqualifying matter and an inability to impartially determine the proceedin g.

Case Study-Eating Disorder

Sarah is a sixteen year old girl. She is in the tenth grade and until recently was an optimistic and energetic young girl. Sarah’s mother has began to worry about her lately. Her mother recently found a bottle of diet pills hidden in her room. She has also noticed that Sarah’s behavior has been changing in the past few months. Sarah’s mother is unaware that Sarah’s boyfriend has been reducing her to tears lately by commenting that she has been gaining weight. Her mother has also found her looking in the mirror a lot more than usual. When she looks in the mirror she often sucks in her stomach and is complaining that she is not beautiful. As a result, Sarah has been going off food for days to the point of starvation. Then after days without food she breaks down and eats nearly everything that she can find in her refrigerator. Sarah’s weight has significantly dropped in the past few weeks. It is important to intervene immediately in Sarah’s life and get her help. When individuals with eating disorders get help early on during the disorder there is a high success rate of long-term recovery. Sarah is part of one the highest rated risk groups for eating disorders. People between the ages of ten to twenty-five are at the most risk for developing an eating disorder. Sarah is entering her teenage years and is encountering a lot of changes with her boy and her emotions. Eating disorders are also usually referred to as female diseases. Eating disorders are not limited to females. Sarah is a young women that is starting to feel pressure from her boyfriend to lose weight. Sarah is just beginning to have issue with her weight and food. Individuals with eating disorders often do not recognize that they have a problem or will not admit that they have a problem. The two most common forms of eating disorders are anorexia nervosa and bulimia. They are similar to each other and are both very harmful to an individual. Anorexia is characterized by an obsession with weight gain and self-distorted body image. Individuals with anorexia have a body weight that is 85 percent below their normal weight for their height and age. They maintain a low body weight by starving themselves, over-exercising, using diet pills, or vomiting. The effects of this eating disorder are emotional, physical, social, and psychological. It is a very serious disorder. There are two types of anorexia. The restricting type and the bingeing and purging type. When people think of anorexia they most commonly think of the restricting type which is characterized by individuals not participating in any bingeing or purging behaviors. The binging and purging type of anorexia is when the individual does participate in bingeing and purging behaviors by using laxatives, self-inducing vomiting, or over-exercising(DSM-IV-TR; American Psychiatric Association, 2000). Bulimia, like anorexia, is characterized by one’s obsession with weight. This type of eating disorder involves an individual having recurrent binge eating followed by purging behaviors. The use of laxatives, diuretics, and other medications help the individual with the purging. Over-exercising and a self-distorted body-image are a large part of bulimia. Persons with bulimia feel they have no self-control over their binges and purges. Their binging and purging behaviors happen often and occur at least once a week for three months (DSM-IV-TR; American Psychiatric Association, 2000). Eating disorders are very serious and will not typically get better without treatment. It is often difficult to get people with eating disorders to get help, because they don’t think that they have a problem or they are scared of gaining weight. One of the most important aspects of treating anorexia nervosa is to have the patients gain weight and restore nutrition. In some cases their weight can be so low that hospitalization is necessary. In Sarah’s case, and most other cases, she can be treated as an outpatient with therapy. For long-term recovery it is critical to get the person who has an eating disorder help as soon as the problem is obvious. The longer the person with an eating disorder waits to get help the longer it will take to recover and the risk of relapse increases. Anorexia and bulimia can also so a lot of damage to a person’s body physically if it left untreated. This will only make individuals feel worse in the long run because they leave he/she looking and feeling terrible (Holtkamp, Hebebrand, & Herpertz-Dahlmann, 2004). In severe cases of anorexia and bulimia inpatient care is needed. Inpatient care has access to 24-hour a day clinical care and is a very structured environment. This may be just what the patient needs because many times the lives of patients with eating disorders are not very organized. There are ifferent levels of care in the hospital that gives the patients the option to â€Å"step-up† or â€Å"step-down† to. One reason that patients with eating disorders are placed in inpatient care in a hospital is when they also have a psychiatric disorder. Their psychiatric disorder may also require some special care that interferes with an eating disorder. Sarah is not at the point of needing inpatient care. In p atient care is usually only implemented in severe cases of anorexia or bulimia. Cognitive-behavioral therapy is one of the most effective types of therapy for bulimia. This type of therapy is highly structured and involves active participation of the patient. This type of therapy focuses on the thoughts and feelings that the patients have about eating and food. One of the main goals is establish a positive relationship with food. Along with establishing a positive relationship with food, cognitive-behavioral therapy focuses on creating a positive self-image and increasing self-esteem. Creating a positive self-image is a vital component in recovery. Cognitive-behavioral therapy emphasizes the importance of consuming regular meals (Mitchell, & Peterson, 1999). In order to determine if the patient is consuming regular meals and snacks he/she keeps detailed journals of what he/she eats and writes self-evaluations. During cognitive-behavioral therapy there are a few other aspects that have been helpful when to use for patients with bulimia. Identifying cues for when the bingeing or purging behaviors are going to occur helps the patient reduce his/her behavior by recognizing the cue and stopping themselves before they binge or purge. Patients with eating disorders do not have a healthy or regular meal schedule. Establishing a normal meal schedule and even a meal plan for what they are going to eat at each meal will help enforce regularity into the patients’ life. Research findings show that cognitive-behavioral therapy is successful in reducing bingeing and purging behaviors in individuals with bulimia nervosa. Reduction rates range from 40 percent to 97 percent (Mitchell, & Peterson,1999). For anorexia nervosa, cognitive-behavioral therapy has been found to be effective when used as individual therapy and group therapy combined. Using group therapy and individual therapy has resulted in a reduction in relapse and symptoms returning. Although it can be used for anorexia nervosa it is not the most effective treatment option for anorexia nervosa, but it is one of the most effective or bulimia. One problem with cognitive-behavioral therapy is that at the end of this therapy many patients still have some symptoms; that increases the risk for a relapse in the future. Nutritional counseling is an essential part of treatment for eating disorders. It can be done with the counselor that they are seeing for their cognitive-behavioral therapy or it can be a completely different counselor that is specialized in dietary nutrition. During nutritional therapy the patient learns about the importance of healthy eating. The patient is also taught about the effects on his/her mental and physical health when they deprive their body of the basic nutritional needs. Teaching patients’ to have a positive relationship with food is one of the most important aspects of treatment for individuals with eating disorders, because if he/she keeps a negative view of food then they will not be able to gain weight. Nutritional counseling sets up a new diet that includes the patient keeping a daily journal of what they eat. During nutritional counseling the patients’ learn that they need to eat food to be able to live and that they can eat food without feeling bad about themselves. Group therapy provides a supportive network of individuals who have the same eating disorder to share time and experiences with one another. During group therapy individuals can discuss their goals for the future, ways to change his/her behaviors, and alternate coping strategies. Group therapy for individuals with anorexia and bulimia is not always the most effective form of treatment. There are several advantages and disadvantages in group therapy. Group therapy allows individuals to share and teach about their own experiences with their eating disorder. Group therapy many not be appropriate for all individuals, but for those whom it is, they seem to benefit greatly. Patients with eating disorders often feel rejected by their families and friends, and when they are with other patients who are suffering from eating disorders then they will gain acceptance and feel cared about. Forming friendships with other patients in the group can help prevent a binge or take someone out of a depressed mood by a making a simple phone call. However, individuals with eating disorders also suffer from anxiety and are closed off to others, so putting them in a group therapy may not be that effective (Holtkamp, Hebebrand, & Herpertz-Dahlmann, 2004). They will not be willing to cooperate and share with others. Also, one cannot force individuals to be part of a group therapy and many people will not volunteer to be part of a group. One concern that therapists have with group therapy is that patients can get negative ideas from each other. For example if one patient is unaware of a type of medication that is used to induce vomiting he/she may try this as a new method. Patients may, also feel too much pressure from the other individuals in the group and withdraw themselves from the rest of the group and lie about their progress. Patients with anorexia and bulimia often show a low level in serotonin (Ferguson, La Via, & Crossan, 1999). Low levels of serotonin are often associated with depressive disorders and anxiety disorders. Many individuals who are suffering from an eating disorder such as anorexia or bulimia are also diagnosed with an anxiety or depressive disorder. Some of these disorders include social phobia, obsessive compulsive disorder, major depressive disorder, dysthmic disorder, and substance abuse. Medication is often used in treating anorexia and bulimia, because of the cormobidity with other mental disorders. The main purposes of using medication are to treat other psychiatric conditions, reduce sensitivity to stress, reduce anxiety and weight restoration. Medications have shown to be effective in these areas. Medication should not be the only type of treatment for an individual with an eating disorder. When using medication with another type of therapy, such a cognitive-behavioral or family therapy, should be implemented. The use of medication in the treatment for anorexia has not shown significant effects(Ferguson, La Via, & Crossan, 1999). When the use of fluoxetine, an antidepressant, was combined with nutritional and behavioral treatment, it has shown some effects in preventing relapse. It did not improve the mood or stimulate appetite in individuals. It has been shown to be most effect in the treatment of anorexia once there has been some weight gain and improvement in self-esteem. The use of pharmacology is much more promising for patients with bulimia. It doesn’t work for everyone with bulimia, but the use of antidepressants has resulted in significant reduction in bingeing and purging behaviors. The most popular form of antidepressants used are SSRI’s and Prozac has shown the best results for reducing behaviors associated with bulimia. When using medication for the treatment of anorexia and bulimia is important to follow several guidelines to protect the patients’ health. Doing a medical background check of the patient and his/her family health is important before beginning the patient in any type of medication. The use of medication should not take place until after nutritional rehabilitation has begun and the patient has already chosen another form of therapy to participate in while he/she is taking medication. A treatment method that is often overlooked is self-help. It is often overlooked because it very few medical professionals are involved in this type of treatment. This method involves the patient with an eating disorder becoming part of a group that is composed of people who have eating disorders or joining a community group that will have a high level of support. Support is one of the most important aspects that a person with an eating disorder needs in his/her life in order to have long-term success and a low relapse rate. There are many self-help groups for patients with eating disorders all over the world that are committed to helping individuals recover from an eating disorder. Self-groups may not be for everyone. It is important for individuals with an eating disorder to also have support from the people that are important in his/her life. Family and friends are the people that they interact with everyday and it is essential for the patient to have support from people that they are in contact with on a daily basis. Having support from family members is very helpful in treatment. Since family members are the people that the patient is most likely around the most it is important for them to understand the therapy process and be there for their family member when he/she needs them. In many cases, the family members and the way that a family functions can be part of the reason that the patient has developed an eating disorder. Most cases of eating disorders do not have direct causes because of the patients’ issues with food and weight. Problems within the family is one of the top causes for eating disorders. Family therapy is a popular option for patients with eating disorders the main goal of family therapy is to reduce family dysfunction and reorganize the family to help with the reduction of dysfunction. Family therapy involves the participation of the entire immediate family. During family therapy the role of the therapist is to provide the family with communication skills, conflict resolution skills, and support skills. Teaching family members how to have realistic expectations for one another and to develop strong and united relationships is another important aspect of the family. Family therapy is especially important to use with children and adolescents.

American study final paper Assignment Example | Topics and Well Written Essays - 1500 words

American study final paper - Assignment Example His essay is a detailed analysis of the many examples of advertisements to support this claim. In this essay, the main aim is to show how these different facets of the American culture influence the nature of advertisements. America is considered the most egalitarian society of past and present age. In fact, it is the world’s largest democracy and, therefore, advocates for social equality of its citizens, a populist view. This is one of the two faces of the American dream, the other being an elitist view. This view of the American dream is widely exploited by manufacturers as a way of manipulating consumers to buy their products (Solomon, 543). The status of Americans’ fears, hopes, beliefs, and even desires provide a necessary opportunity for advertisers to make their advertisements appealing to the American people. The desire of the people to feel accepted in society is particularly exploited in such a way that consumers will want to identify with the product to ‘qualify’ as due citizens of the country. These advertisements are specially designed to create a symbolic association between the product and what the target consumers most covet. Manufacturers are, therefore, quick to point out that their products are made, or designed on American soil. One aspect of the American dream is that it encourages the desire to belong and feel part of the country’s culture. This aspect has been the subject of many advertisements that transform economic products into signs of belonging. The incorporation of such common icons of American culture as country music, farmyards and family picnics in an advert makes it more appealing to a broader audience. For instance, a Jack Daniel’s advertisement emphasizes the egalitarian and down-home nature of its product. The feeling of belonging to that culture can influence a buyer

Why did Scott J suggest that search orders had a draconian and Essay

Why did Scott J suggest that search orders had a draconian and essentially unfair nature Columbia Picture Industries Inc - Essay Example The order was executed at the same time with the police search warrant. The court rules unanimously that the action was not a to contravention human rights laws. However, Scott argues that search orders represent a â€Å"draconian and essentially unfair nature†. The doctrine of Anton Piller is one of the most controversial of laws regarding underlying search and entry. Of particular interests is to understand the premises that inform Scott’s stand. Unraveling the â€Å"draconian and essentially unfair nature† of the Search order In labeling the search order as â€Å"draconian and essentially unfair nature†, one would not miss the point in inferring that Scott felt the orders were far from being justified. Thus, in seeking the premise in which Scott’s stand rests, the question of how unjustified the order was is imperative. Indeed, such a question leads to various sound arguments against the search orders. In particular, it can be inferred that searc h orders, in all their forms, are generally draconian owing to their nature of lacking adherence to the laws and statutes that protect human rights. Additionally, the Piller principle and other associated principles, such as ex parte, also go against the laws of equitable remedies.... As such, the court may make utilize injunctions, which creates that allowance for inspection of property and conducting searches. Another term is interim injunction. An interim injunction is an order from the court prohibiting a person in a civil suit from doing or compelling to do something and this is in order to maintain the status quo. Indeed, the premises for the ruling may be considered as those consistent with those in the Anton Piller KG v. Manufacturing Processes Ltd3, wherein it was upheld that the court has the powers to injunct a person from meddling with what is deemed evidence in order to maintain the status quo prior to the issue going to trial. It cannot be disputed that the goals of the provisions are well set. However, they can barely dispel one crucial question ­ --- what is then the place of fundamental human rights? Whereas it could be inferred that the court decision was began as a noble means of ensuring justice through interim injunctions, it mutated to beco me a tool for the abuse of human rights due to most of the order being issued ex parte4. An order issued ex parte is a breach to the stipulations that underlie the bill of rights. Here, Anton Piller law is deemed to be one of the most Draconian of laws since it creates the allowance to acknowledge that the right to privacy, one of the fundamental rights, was breached. The debate on the human rights aspect of the law is however two fold since its contravention of one seems to promote the observance of the other. Article eight of the human rights convention asserts that everyone has the right to respect to his private and family life5. As clearly set in Chapter 8 of the convention, every person is entitled to

Based on clinical practice scenario (wound care), discuss the extent Literature review

Based on clinical practice scenario (wound care), discuss the extent to which evidence based practice was utilised, including re - Literature review Example These processes encompass the concept of wound care. Wound care is a crucial part of the medical practice. It prevents infection and blood loss, as well as further complications for the patient. There are various techniques which health professionals can apply in order to manage wounds. Such management strategies are supported by various studies and evidence in actual practice. This study shall consider literature and supporting researches in wound care, with particular attention given to patient preference and evidence-based practice. With the variety of applications which can be used for skin care, there is a need to consider the best type of care according to patient response and outcomes. Wound care All injuries trigger a series of events which are involved in healing, characterized by the arrival of platelets and inflammatory cells at the site of injury (Diegelmann and Evans, 2004). These cells also give off signals on the influx of connective tissue cells and on the increase of new blood. Chemical signals for these are the cytokines or growth factors. The fibroblasts are the connective tissues which mark collagen deposition essential for tissue injury (Diegelmann and Evans, 2004). In response to injury, platelets come into contact with exposed collagen. With platelet aggregation, clotting elements are released causing the formation of a fibrin clot at the injured area. The fibrin clot is considered the provisional matrix upon which healing is built on. Platelets facilitate clotting which helps control bleeding and loss of fluids and electrolytes. As well as releasing the cytokines, which initiate healing, these platelets also release the platelet-derived growth factor (PDGF) and transform growth factor-beta (TGF-B). Through the PDGF, chemotaxis of neutrophils, macrophages, smooth muscle cells, and fibroblasts is initiated (Diegelmann and Evans, 2004). These platelets also trigger the mitogenesis of the fibroblasts and smooth muscle cells. The TGF-B also t riggers the healing cascade by drawing in the macrophages and prompting them to release more cytokines (including the fibroblast growth factor-FGF, PDGF, TNFa and the IL-1) (Diegelmann and Evans, 2004). The TGF-B supports the chemotaxis of the fibroblast and the smooth muscle cells; it also regulates collagen and collagenase expression (Diegelmann and Evans, 2004). The overall result of these signals is a strong response of the matrix which then supports the release of cells which help ensure rapid formation of new connective tissue at the injured area during the proliferative stage of healing which follows the inflammatory phase (Diegelmann and Evans, 2004). Within 24 hours of the injury neutrophils are the common markers in the injury site. This neutrophil removes foreign material and bacteria in the wound site. Bacteria send of chemical signals which attract neutrophils, ingesting these through phagocytosis. These neutrophils will fill themselves with bacteria and make up the lau dable pus in the injury site (Diegelmann and Evans, 2004). The mast cell is a market cell crucial to wound healing. These cells give off granules made up of enzymes, histamine, and numerous other active amines; they are also responsible for the signs of inflammation seen around the wound. The active amines in the mast cells trigger nearby vessels to become leaky; this causes the easy passage of mononuclear cells in the injured area (Diegelmann and Evans, 2004). Fluids also gather at the wound site and with this, signs of

Political, Social and Economic Reasons for the Decline of the Western Essay

Political, Social and Economic Reasons for the Decline of the Western Roman Empire - Essay Example This essay presents a thorough analysis of possible political, social and economic factors, that could be considered as reasons to the decline of Western Roman Empire to different extent The political reasons surround the Barbarians, wars with Germanic tribes, growing power of Attila the Hun and the Hunnic Empire, and eventually the fall of the Western Roman Empire. In 15 AD the army of Garmanicus Caesar marched to Teutobergensis Saltus, The massacre had been performed by the joint coalition of German warriors. The Germanic groups spread all the way from Rhine in the west to River Vistula in the east and from Danube in the north to the Baltic seas in the south In AD 450, Attila threatened the empire and started preparing for an attack on Gaul and later invaded it. An alliance was made between the Romans and the Goths and in the Battle of Chalons, Attila is forced to retreat. In AD 452 Attila finally invaded Italy, where he laid the foundations of the republic of Venice. With the victory of Attila in Italy, the power of the Western Roman Empire weakened. The long tension over the Rhine-Danube frontier contributed a significant amount to its failure. The social reasons for the decline of the Western Roman Empire are often given as declining population, diseases, succession of emperors. Diseases had been a major problem for all empires and the Roman Empire surely suffered as diseases and plagues started spreading . Another reason is that of the people in empire being poisoned by the water that was carried through lead pipes. The succession of emperors has indeed played the most important part in the decline. The first Roman emperor had established that the emperor will designate the next emperor and based on approval by the senate, the emperor will take the thrown. This rule was followed for only the first few emperors and

An Action Plan for Cushy Armchairs Essay Example | Topics and Well Written Essays - 1000 words - 5

An Action Plan for Cushy Armchairs - Essay Example Even though Sampson had new ideas and plans to change the operations in the company, it was soon found out that her directives were not being met by the company units across the world. A message that she sent to all managers in her company draws zero response and proves that she is not at the helm of affairs of the company. Â  There could be many reasons as to why Sampson had to face issues as Cushy Armchairs. The foremost issue of importance is that Sampson is trying her hand at change and that all employees, irrespective of their status and positions, will have a tendency to resist change. It is also important to note that she has taken charge in an Asian country where gender-specific issues are important when taking orders. Hence she should not expect that her orders will be easily accepted as in her country in Asian regions. Sampson was also seen as making an effort to centralize operations of a company whose operations were already decentralized. The stress of centralizing operations and the importance given to a central administration in her email would have turned opinion against her. Finally, email is not considered as an official form of communication in most part of the world, and hence her email could either have been discarded as a piece of informal communication or there is even the chanc e that the communication never got across to the right people because of lack of knowledge in operating computers or because of a lack of IT infrastructure. Her communication also lacked credibility and accountability since she did not ask for acknowledgment of her communication. Â  It may be argued that resistance to change could be the major issue that would have prompted managers in the company to resist the orders listed out by Sampson. The fact that the founder of the company was being replaced is itself a recipe for discontent within the company.

Comparison and contrast on two horror movies Essay

Comparison and contrast on two horror movies - Essay Example This year their innocent and unsuspecting town is attacked by a group of vampires who are bent on destroying all of them without leaving any trace when the sun does finally rise. â€Å"The Descent† shows a group of friends and experienced cave divers, exploring a new cave system and being attacked by a strangely evolved breed of creatures. Both movies show similarities and differences with respect to the horror genre through the portrayal of the surroundings, the creatures, and the behavior of the survivors. â€Å"30 Days of Night† begins with a stranger trudging through the wide expanse of gloomy, outstretched snow with Burrows in the distance. The opening shot highlights the remoteness of the town setting the mood and pace of the movie. The howling winds and the blowing snow throughout, emphasize the isolation and overall doomed atmosphere. The looming threat of the vampires is definitely something to be feared, but the loneliness of the town and their lack of contact with the outside world, strongly instills feelings of cold dread, anxiety, and isolation. The few characters in the story, with the husband and wife (both town sheriffs) Eben and Stella, as the main protagonists, are the only inhabitants of the town through the long dark month as the rest of the people have left for southern areas to avoid the winter. Through the repeated imagery of darkness and circling snow along with the screeches of the vampires in the background, the horrific atmosphere is set for a thrilling and terrifying experience. â€Å"The Descent† starts off with a group of girl friends wild water rafting, with the main cast being Sarah and Juno. It is hinted that Juno, the adventurous of them all and seemingly the leader of the group, might be having an affair with Sarah’s husband. A few minutes into the movie, while Sarah with her husband and daughter are driving back home, they get into a severe car accident, killing the husband and daughter upon impact . This way, tragedy marks the beginning of the story, setting the backdrop of built up tension, sorrow and regret. The surroundings are the beautiful Appalachian Mountains, looming large and breathtaking for both the characters and the audience. Yet they also display an ominous and foreboding mood. For example, as the group meets a year later to go cave exploring, upon arriving at the mouth of the cave system they see a dead body of a bull elk, bloodied and half rotting, foreshadowing the more hideous events about to take place. This disgusts and unnerves the women and even though they have done this many times before, something seems a bit odd and different this time. Also, they have to rappel down into the cave, plunging themselves deep underground. This darkness and feeling of confinement is aptly used to heighten the dread and tension. For example, through out the entire movie, the only sources of light are their torches, flares, and glow sticks. Both movies display similarities through the use of surroundings and the horrifying creatures to attract the audience and propel the plot forward. For example, in â€Å"30 Days of Night†, their usual and peaceful town of Burrows has now put them into a dire situation. Though, the onset of nights lasting a month occurs every year and is something they have adapted to, this year it ends up being the perfect hunting ground for the group of vampires. The frequent, long and seemingly harmless winter nights have now turned against them,

Trait of Effective Communication Essay Example | Topics and Well Written Essays - 500 words

Trait of Effective Communication - Essay Example Not to forget though, that effective communication may also be defined as the way a person uses his body language in order to convey his message. This can be done through the nod of the head, raising of the eyebrow, hunching of the shoulders... Any of these aforementioned method of communication can be taken to define what effective communication is all about. 2. There are two traits that are necessary in effective communication. The first trait is speaking clearly. By speaking clearly and properly explaining what it is that you wish to have another person understand, he will be able to get a clear grasp of what it is that you are trying to say. Being sure to use words that you are sure the person one is speaking to can understand, one can be sure that his message will definitely be received and understood. The second important trait of effective communication has everything to do with the ability of a person to listen attentively and actively. By listening attentively, one is able t o concentrate on the message being delivered by the person speaking. It will also allow for a better analysis of the discussion and active participation as one will be able to properly pose clarification questions whenever the need arises. 3. An example of a communication break that can occur which can result in the distorting of a message often occurs with the written word. This is because the written word can change its meaning depending upon the punctuation used or the mistaken context of a message. Something as simple as â€Å"Dont rush me! Im leaving now!† in a text message can either be taken as an angry message by the receiver or as a message of excitement. All depending upon the way that the message was perceived by the other side. On the other hand, a message such as â€Å"Dont bother. I can do it.† when spoken can be taken as either exasperated, angry, or simply a statement by the person hearing it. All depending upon the vocal intonation of the speaker.

Language and Communication Development Essay Example for Free

Language and Communication Development Essay When working in a school, especially pre-school or primary school, it is important for us to identify and provide effective support and extend the speech, language and communication development for children during the early years (Burnham and Baker, 2011). This is so that they get the best chance to develop these skills and avoid struggle later in life. There are a number of ways in which adults can effectively support and extend speech, language and communication development in children during early years. Firstly, it is important for us to adapt our language according to the child’s age, needs and abilities. Some children who have English as a second language may require us to point to objects (www.earlylearningconsultancy.co.uk). For example, when we are speaking to babies or toddlers, we would simplify the sentences for them to understand, whereas the older the children we can begin to use harder sentences. For example, when handing out cookies, to a child who is 1 or 2 years of age we may hold out a cookie and say the word, whereas to an older children we would say â€Å"Would you like a cookie?†. Secondly; we must give children the time and opportunity to communicate. It is important to give children time to think about what has been said to them and if they don’t answer straight away we must be patient and not answer for them (www.earlylearningconsultancy.co.uk). Some children may require us to sounds them out but then we must get them to copy and blend the sounds together whilst giving them time to process what we are telling them. As mentioned in (www.foundationyears.org.uk), other ways we can effectively support children and extend their speech, language and communicate may include: using simple repetitive language for familiar activities, comment on what children are doing in their play session, and we must try to expand what they say by adding a few words ourselves. For example a child might shout â€Å"Bus!† we should reply â€Å"That’s right, it’s a big, red bus.† Some children may find using visual clues and reminders very useful in helping them follow routine and learn new work and concepts (www.foundationyears.org.uk). We can use pictures of the children themselves  doing the activities, to represent different activities in the say as a visual timetable. These pictures can also be used to help children to choose activities. As mentioned in (www.earlylearningconsultancy.co.uk), we can also use modelling language which helps support children when words don’t sound clear. This includes giving them praise for trying them sating the word back to them, so if a child says ‘tar’ we can smile and say ‘yes, car, clever boy’. Interacting can also be playing games, reading and singing songs. Getting children engaged in books from an early age can help with their reading and writing skills and can extend their language skills and vocabulary (www.earlylearningconsultancy.co.uk). Singing simple songs and nursery rhymes develop children’s attention and listening skills and their awareness of rhymes and the word patterns. As mentioned in (www.earlylearningconsultancy.co.uk), play and activity encourage children to communicate and practise their communication skills as they will need to communicate with their playmates and others so it creates a situation where they can practice and develop their speech, language and communication skills.

Fly Away Peter Analysis

Fly Away Peter Analysis In Fly Away Peter, David Malouf carefully and subtley indicates humans ability to transcend the immediate and create an alternate perception of their own life. Malouf does an exceedingly good job at expressing his opinion on the importance of the continuity of life, and the human mind set against the meaning of life. The three main characters, Jim Saddler, Imogen Harcourt, and Ashley Crowther are all employed in different contrasting ways to add meaning to the main concepts in the book. Malouf implies throughout the book that fate is beyond the control of any individual person, and that the only way to counter this is through the imagination of man. Its the human mind, the imagination that makes us special is a prime example of Maloufs intention. This is just one example of how David Maloufs intention was to express the idea of fate in the book. Malouf also intends to imply that individual life is extremely important, using symbolism to represent lifes perpetual continuity. An outstanding example of this is his detailed descriptions of migrational patterns of birds in the novel. As birds have no concept of time, the book quotes The time span for them was more or less infinite. Maloufs use of Jim and the sandpiper was very well done, as when Jim is amazed at how the sandpiper can find its way across the world and abck, it becomes apparent that the many references to bird migration are intentionally there to symbolize the continuity of life Yet another example of Maloufs intention to imply that time is ceaseless, therefore meaning that life can have little meaning is when they discover the mammoth fossil in France. Malouf writes looking at them made time seem meaningless. This line also gives substance to the argument that Malouf is trying to say that as time is never ending, life is insignificant and that it is the ability to create your own world which gives life meaning. Maloufs final message towards continuity of life and time comes to a climax with the death of Jim. With Jims death, his mind is transported to a forest where he and his lost friend Clancy Parkett dig earth together, along with many others. Clancy then brings up another message of time, saying Theres all the time in the world mate. No trouble about time. The three main characters all provide excellent examples of individual life, in contrast to the significance of masses of life lost in the war. Jim Saddlers offers insight to this, posting himself a question What does it mean the likes of us? This question, although essentially unanswered goes to suggest that life may not have meaning as a whole, but the significance lies within the individual. Jim realises this towards the end of the book, stating that Nothing counted. For Jims life he had been intent on naming things, this compulsion of recording birds shows Jims human nature for something to be permanent. Imogen Harcourt in some ways brings permanency to things; however Imogen did this through means of photography. Imogens personality, photography, views, and attitudes all reinforce the notion that life is brief and needs to be savored. Her love for photography indicates that her love of life is expressed through the permanency of photography, as that moment is captured forever. This provides a nice contrast to Maloufs intention to portray the insignificance of life, and how people find their own ways to find permanency and enjoyment in their lives. During the final chapter of the book, Imogens grief that is expressed towards the loss of Jims life brings things into perspective. That is what life meant, a unique presenceà ¢Ã¢â€š ¬Ã‚ ¦. A life wasnt for anything. It simply was. David Malouf intended to cement this idea of life being brief compared the endless nature of time with the symbolism of waves crashing against the beach in the final chapter of the book. The waves, metaphor is quoted as they rose, gathered themselves, stood poised a moment holding the sun at their crests, then toppled. There was a rhythm to it . The notion that this brief moment should be savored, rather than a bleak outlook on the big picture. Having momentary beauty and significance is an important contrast that David Malouf intends to weave throughout the book. David Malouf presents important life messages in a unique and uninteresting way. Significance of individuality, mans ability to transcend the immediate, and the meaning of life are all touched upon in a symbolic matter. Malouf has carefully constructed his three main characters to portray a contrast in individuality and to emphasise his main themes. A prime example of this is summarized David Maloufs intention to touch upon a wide range of themes has worked well in Fly Away Peter, themes such as the significance of the individual as opposed to the meaning of life, mans ability to transcend the immediate, and the continuity of life. Malouf crafts his three main characters to portray and develop the essence of his main themes. David Maloufs intention to express these themes in a subtle and interesting manner was well designed and worked effectively throughout the book.

Abortion And Murder :: essays research papers fc

Abortion And Murder On January 22, 1973, the U.S. Supreme Court, in two separate decisions, Roe v. Wade and Doe v. Bolton, declared that Congress and the states had to adopt a policy on abortion. Since then, abortion has been one of the most controversial issues in our country today. Every time the subject of abortion is raised, the same question always comes up: should people have the right to terminate an unborn child? The answer is no. No person should have the right to terminate an unborn child which has not yet had the chance to live, no matter what the reason is. Abortion is the termination of an alive, unborn child, which can experience pain through the process of an abortion. There is no need to have an abortion when these children could be put up for adoption instead of being Æ’Â ±aborted.Æ’Â ° Abortion is the termination of alive, unborn children. How can a person decide just when an unborn fetus becomes a person with constitutional rights. Many people disagree when a fetus becomes an actual person, but the truth is that a fetus becomes a person at the time of conception. An article entitled Æ’Â ±Pro-lofe and pro-choice? YesÆ’Â ° says that, Æ’Â ±From the moment of conception, the fetus is endowed with all the genetic information that will enable its development into a full human personÆ’Â ° (Church 108). Technology has advanced very much in the past twenty years and now with the aid of medical technology and the science of fetology, doctors can prove that a fetus is an actual person as early as thirteen weeks of growth (Meyer 62-64). These facts only help to prove that a fetus is an actual person, who deserves the chance to be born. Contrary to belief, a fetus can actually feel pain. The observation of abortions on ultrasound have been very disturbing. So disturbing, that many abortion doctors who have seen the procedure, refuse to participate in abortions again (Meyer 62-64). An article entitled Æ’Â ±Fetal positions: Making Abortion rareÆ’ Â ° reports that, Æ’Â ±Bernard Nathanson, a former director of the National Abortion Rights Action League, who performed thousands of abortions, repudiated the practice in the early 1980's after observing the apparent agony of a fetus subjected to a suction-tip abortionÆ’Â ° (Meyer 62-64). Modern neurology supports the claim that the fetus can experience pain, not just reflex. Reflexive reactions stimulate only the spinal column, but the more complex reactions that stimulate pain occur in the tiny portion of the brain called the thalamus. Abortion And Murder :: essays research papers fc Abortion And Murder On January 22, 1973, the U.S. Supreme Court, in two separate decisions, Roe v. Wade and Doe v. Bolton, declared that Congress and the states had to adopt a policy on abortion. Since then, abortion has been one of the most controversial issues in our country today. Every time the subject of abortion is raised, the same question always comes up: should people have the right to terminate an unborn child? The answer is no. No person should have the right to terminate an unborn child which has not yet had the chance to live, no matter what the reason is. Abortion is the termination of an alive, unborn child, which can experience pain through the process of an abortion. There is no need to have an abortion when these children could be put up for adoption instead of being Æ’Â ±aborted.Æ’Â ° Abortion is the termination of alive, unborn children. How can a person decide just when an unborn fetus becomes a person with constitutional rights. Many people disagree when a fetus becomes an actual person, but the truth is that a fetus becomes a person at the time of conception. An article entitled Æ’Â ±Pro-lofe and pro-choice? YesÆ’Â ° says that, Æ’Â ±From the moment of conception, the fetus is endowed with all the genetic information that will enable its development into a full human personÆ’Â ° (Church 108). Technology has advanced very much in the past twenty years and now with the aid of medical technology and the science of fetology, doctors can prove that a fetus is an actual person as early as thirteen weeks of growth (Meyer 62-64). These facts only help to prove that a fetus is an actual person, who deserves the chance to be born. Contrary to belief, a fetus can actually feel pain. The observation of abortions on ultrasound have been very disturbing. So disturbing, that many abortion doctors who have seen the procedure, refuse to participate in abortions again (Meyer 62-64). An article entitled Æ’Â ±Fetal positions: Making Abortion rareÆ’ Â ° reports that, Æ’Â ±Bernard Nathanson, a former director of the National Abortion Rights Action League, who performed thousands of abortions, repudiated the practice in the early 1980's after observing the apparent agony of a fetus subjected to a suction-tip abortionÆ’Â ° (Meyer 62-64). Modern neurology supports the claim that the fetus can experience pain, not just reflex. Reflexive reactions stimulate only the spinal column, but the more complex reactions that stimulate pain occur in the tiny portion of the brain called the thalamus.

Lady Macbeth Seduces Macbeth In Many Ways Essay -- essays research pap

Lady Macbeth does everything in her power to seduce Macbeth. She comforts him and gives him strength after Duncans murder. She emasculates and belittles him to convince him to commit the murder. She covertly seduces Macbeth by her suicide. When Macbeth finds out about her death he loses all hope and gives up on life. After Macbeth's deed was done, he would of succumb to his guilt if it weren't for lady Macbeth. His paranoia started to get the best of him. Macbeth thinks that someone has heard him commit the crime, " I have done the deed, didst thou not hear a noise? " (Macbeth, II, II, 15) The good Lady tells Macbeth she heard nothing, she is comforting him by reassuring him that no one heard a thing, " I heard the owl scream and the crickets cry. Did not you speak? " (Macbeth, II, II, 16 - 17) Macbeth feels guilt and pity for what he has done to Duncan, he looks down on himself. [looking at his hands] " This is a sorry sight. " (Macbeth, II, II, 22). Lady Macbeth comes through and shows Macbeth comfort and strength before he loses it and does something irrational. When Macbeth returns to his chamber after killing Duncan and Lady Macbeth learns that he didn't carry out the end of the plan, the reader sees a moment of panic in Lady Macbeth. She quickly regains he r composure, though, and decides that she must complete the plan herself. She says to Macbeth, "Give me the daggers. The sleeping and the dead are but ...

Stricter DUI Penalties Needed! Essay -- drunk driving, argument, alcoh

Alcohol is the main beverage for parties and special occasions in the United States. Many people decide to drink alcohol because it helps them relax, ease tension and socializing. Even most non-drinkers are forced to drink alcohol because of peer pressure. Hebert Moskowitz, the president of the Southern California Research Institute in Los Angeles, concedes that â€Å"alcohol has been so popular these days; it seems as though alcohol is a requirement for parties† (Moskowitz, 13). Unfortunately, most UNM students do not know their limits for alcohol consumption. By the time a party is over, they fail to realize that they had one too many drinks and they decide to drink and drive. According to the National Highway Traffic Safety and Administration (NHTSA), in 2009 there were approximately 10,839 reported student drunk driving fatalities. Even though the number of alcohol-related crashes decreases every year, driving under the influence (DUI) of alcohol should not be underestimat ed. Approximately every twenty-two minutes, one in every fifty American drunk drivers crashes due to alcohol (NHTSA, 2009). Many UNM students under the influence of alcohol do not understand the consequences as they get into their car. It is our duty as students to take action against student drunk drivers, in order to make our campus and roads safer. The solution is simple. As students, we need to be re-educate UNM students about DUI and petition to ask the Government of New Mexico for harsher penalties against drunk drivers. There have been many awareness campaigns, such as the current, â€Å"You Drink, You Drive, You Lose Campaign.† Many campaigns have tried to let UNM students understand the dangers of drinking while driving. However, many students still conti... ...ws, Sports, Entertainment, Jobs, Classifieds And Advertising. 21 Feb. 2011. Web. 04 Apr. 2011. . Moskowitz, Hebert, and Marcelline Burns. "Effects of Alcohol on Driving Performance." Alcohol Health & Research World 17.4 (1993): 12-15. NHTSA. "Traffic Safety Facts 2009." National Center for Statistics and Analysis: 13-143. Web. 8 Apr. 2011. . Pacheco, Angela. "Transportation Safety Law Center." Transportation Safety Law Center Home Page. Web. 08 Apr. 2011. . Sen, Anindya. "WILL STRICTER PENALTIES DETER DRUNK DRIVING?" Policy Options (1999): 54-60. Print. Think Quest. "1.4 Underage Drinking - ThinkQuest." Oracle Think Quest Education Foundation. Web. 8 Apr. 2011.

How Is Discrimination Different from Prejudice and Stereotyping? Essay

Part I Define the following terms: |Term |Definition | |Discrimination |The denial of opportunities and equal rights to individuals and groups because of prejudice | | |or for other arbitrary reasons | |Institutional discrimination |A denial of opportunities and equal rights to individuals or groups, resulting from the | | |normal operations of a society | | | | |Political correctness |Language or behaviors that does not offend particular groups of people | Part II Write a 150- to 250-word response to each of the following questions: †¢ How is discrimination different from prejudice and stereotyping? Discrimination differs from prejudice and stereotyping in a way that discrimination isn’t just an negative attitude that rejects an entire group, as prejudice is defined. Discrimination is the denial of opportunities and equal rights to individuals and groups because of prejudice or other arbitrary reasons. Prejudice does not necessarily end with wealth. Discrimination also has cumulative effect so that people today are victims of past and current differential practices. As whereas stereotyping is unreliable generalizations about all members of a particular group without considering a individuals differences. I feel that discrimination has many forms aside from race, also age, sexual orientation or wealth. Discrimination can hinder a person from advancing in their life, which will affect their generations. I feel that a person can beat a stereotype, at times it may not be as severe, but when you deny someone or a group equal rights, it because a legal process. Stereotyping can be proved to be wrong, but with discrimination you can not prove it otherwise false, if your denied rights. †¢ What are the causes of discrimination? The causes of discrimination are having a certain preference for different groups of people. In example, preferring a man over a woman to be a president of a company, even though they are both qualified the same. Being misinformed also causes discrimination. Often, racism and prejudice cause discrimination. When an negative attitude is formed over a certain group of people, mainly the minority group. They face a social challenge, which leads to adding a denial of certain rights to a person. Although, discrimination is illegal, it happens often. Family type business, who can hire freely can cause a type of discrimination. They have the choice to hire family, verses someone who is an outsider. Often discrimination is from our ancestors. If they had a certain way of living, it is passed on through generation. Often, we feel like we are better than a certain group, or that a certain group may owe us something because of our ancestors. †¢ How is discrimination faced by one identity group (race, ethnicity, religious beliefs, gender, sexual orientation, age, or disability) the same as discrimination faced by another? How are they different? Discrimination towards a certain race, is the same as being discriminated by you gender. We cannot change the color of our skin, nor can we change our gender. Being discriminated by your race, and by religious beliefs can be different is many ways. If a person was applying for a job, and was denied the job because being discriminated by their race, or religious beliefs, a person’s skin color is obvious. But, a person could change their religious beliefs to bend for whatever position they are applying for. Discrimination can begin at birth. Identity groups can change, which changes the discrimination factors. You can change your hair color, or have a surgery to change your appearance to differ ante your age. Someone with a disability cannot just make a disability disappear. A certain sexual orientation can change around to date the opposite sex to be more socially accepted. I think it can differ greatly. Reference: Racial and Ethnic Groups, Thirteenth edition, by Richard T. Schaefer. Published by Merrill Prentice Hall. Copyright  © 2012 by Pearson Education, Inc.

Holland Theory and Application Essay

John Holland made his mark from 1953-1556 while working at Vocational Counseling Service in Perry Point Veterans Hospital followed by his work as the Director of Research for the National Merit Scholarship Corporation. His work at these two organizations leads to the first edition of Vocational Preference Inventory. In 1959, John Holland was published in the Journal of Counseling Psychology for his vocational theory (Gottfredson & Johnstun, 2009). He established his theory of matching people to vocations in the world of work. Although the trait and factor approach was established in 1909, John Holland took it a step further using the Army as his model (Bolles & Figler, 1999). John Holland was quoted, â€Å"I am a psychologist who pays attention to the obvious† (Bolles & Figler, 1999, p. 63). This was the theme of his theory. Holland theory is about the fit of the individual to the work environment. Some clients will be better suited for certain working environments and poorly matched to others (Anderson & Vandehey, 2012). The Holland theory is based on identification of people environment, skills, and values leading into six occupational categories known as ‘RIASEC’ (realistic, investigative, artistic, social, enterprising, and conventional) (Bolles & Figler, 1999). Although each category is consider a unaltered type of personality most clients will not fit into just one type. Holland’s theory assigns them a set of two or three of the types (Anderson & Vandehey, 2012). The first of Holland’s types, realistic, are clients who have athletic or mechanical ability, work with objects, machines, tools, plants, animals and the outdoors. Realistic client will be competent in reading blue prints, repair of furniture, making mechanical types of drawings, using special instruments such as a voltmeter, and will also have good math and mechanical backgrounds. They will also have interests in woodwork, metal work, and easily work with tools. Some realistic occupations would include radio operator, civil engineer, machinist, or piano tuner (Bolles & Figler, 1999). The next type, investigative, will be clients who like to observe, learn, analyze, investigative, solve problems or evaluate in general. Their proficiencies include scientific and technical training using a slide rule or microscope, using a logarithmic table, describes white blood cells by their uses, interpret chemical formulas, and understand the workings of a vacuum tube. These clients readily enjoy scientific books, lab work, chemistry, math puzzles, and normally take several classes in physics, math, and biology. Investigative job opportunities could be physician, math teacher, lab technician, or oceanographer (Bolles & Figler, 1999). The artistic clients, Holland’s third type, are innovating or intuitive thinkers, like to work in unrestrictive environments, and tend to be extremely creative or imaginative. Skills for creative people would contain playing a musical instrument, choir, designing, creating photography or art, or read/write poetry. Artistic types, according to Holland, would enjoy sketching, attending plays, taking an art class, or reading popular fiction. Occupations for these clients can be drama coach, advertising executive, photographer, or foreign language interpreter (Bolles & Figler, 1999). Holland’s fourth types of clients, social, like to work with people by informing, helping, training, or are skilled with words. These clients will feel competent with peers older than them, easily plan a school or church function, and are good judge of others personalities. They will belong to clubs, write letters, attend sports events, go to parties, help others with personal problems, and like to meet new people. Director of social services, employment representative, counselor, recreation administrator, and Foreign Service officer are a few of the occupations well suited for a social Holland code (Bolles & Figler, 1999). Enterprising, Holland’s fifth code, are comprised of clients that a people-influencing, leaders, persuaders, or economic goal friendly. They easily sell, influence others, give pep talks, meet important people, and discuss politics. In college or high school these clients were elected to office, organized clubs, debated, supervised the work of others, or acted as a spokesperson for a cause. They become bankers, personnel recruiters, labor arbitrators, insurance managers, and small business owners (Bolles & Figler, 1999). The conventional is the last of Holland’s types. Conventional types like to work with data and carrying out in detailed instructions. They have the ability to file correspondence, work in office setting, type 40 words per minute, use shorthand, post credits and debits, and keep accurate records. They may have done bookkeeping, operated business machines, written business letters, or maintain neat records and files. Conventational types are often employed as accountants, credit managers, payroll clerks, bookkeepers, library assistants or personnel secretary (Bolles & Figler, 1999). Holland realized that not every client would fit into a type nice and neatly hence the Holland two or three codes are established in order to have a person in a job that would give work satisfaction. They are several resources available to clients and counselors to aid in discovering a client’s RIASEC code. The Self-Directed Search (SDS) was first published in 1970 and was development by John Holland. The advantage of this assessment is that it is intended for the college or adult setting. The written version not only includes the assessment but also Holland’s Occupation Finder (OF) booklet for a counselor to use with their clients. Holland also created a seven page booklet, You and Your Career, that can be used to enhance the SDS and OF with suggestions for effective career planning (Reardon & Lumsden, 2002). Later, Holland, with Amy Powell, created SDS Career Explorer designed for middle school students along with his booklet Exploring Your Future with the SDS. Along with the assessment are several tools for educators and students alike. Holland, along with several other colleagues, has expanded the abilities of instruments to include measures for stability, environment, and additional resource to ensure understanding of the instruments and proper use and application (Reardon & Lumsden, 2002). In my world of career counseling, I apply Holland’s theory of putting the right client into the best fit for client. I agree with his theory that if a client is not using the skills or interests that they enjoy that will have poor performance. This ultimately in my opinion leads to job hopping, lack of self-efficacy, and depression. I have the advantage of money on my side and we use the program Discover for most assessments. However, I do not always jump to test. By having knowledge of Holland theory and his types and code match through counselor I am able to get a client to find their career goals on their own without test. With my â€Å"type† of client they do not want to sit through testing no matter how short it is, they already have to study for their current jobs, college classes, and advancement exams. I try to incorporate Holland’s theory daily which can have its drawbacks. They occupation that my client would be good at may not have openings or worse the Navy does not have it, so I try help them compromise with community service or college course that would satisfy their needs. Over the last ten years, I have learned that I am not the answer person more like their vessel to maintenance phase of their transition cycles (Anderson & Vandehey, 2002). I could not trade in the feeling of when I see them finally figure out what they want to do when the grow up.

Contribution of Engineers in Society

Question 5: In this technological age, the power of the engineers in shaping the society and environment in all pervading and can profoundly affect the lives of many members of the society. Enumerate, from your personal experience, how largely positive impacts have accrued from the contributions of engineers. Answer: Introduction In the eyes of public, an engineer is a professional man who is of sufficient training, expertise, and integrity as to be able to act with independence and impartiality in his professional judgments to ensure trust and confidence of public.Since ancient era to recent technological age, participation and contribution of engineers have been seen in all ways of life. Involvement and contributions of engineers are tremendous and playing important roles in almost all aspects of human being life. Let us discuss from the following few angles: – 1)HSE Engineers in their profession, shall identify the safety and health risks in their works, assess them and tak e steps to minimize and control these risks in the work place and public arena. Engineers are involved in the search for safer work places and products.These search for improved safety benefited in reducing accidents and harm to the public. Engineers are keenly aware that their work and recommendations can have a very major impact on the environment that we live in. The very car that we drive emits carbon dioxide that is causing warming of the atmosphere that eventual could lead to massive environmental disasters later. Engineers are at the very core of the research and development into ways and means to reduce emissions by example of hybrid cars, cars running on hydrogen or biofuel alternative.Engineer has reduced greatly the negative impact from the sewerage generated by the increasing population. The sewerage produced by human being if not treated properly, will cause disastrous to the environment. Imagine what is going to happen if the underground water and rivers are contaminat ed by the sewerage. Therefore the engineer’s effort in construction of the sewerage treatment plant has greatly impact in preservation of environment. 2)DevelopmentEngineers contributed very significantly to a country’s development from an agricultural economy to one that includes manufacturing, communication services and exploitation of the country’s natural resources like tin, hydropower, oil and gas. They built the infrastructure and the tools necessary for progress. Without road, highways, bridges, clean water supply, electrical power supply, telephone and cell phone communication, we would be living lives in jungle, where it will be dark at night and water is from well. Engineers build new townships and residential areas which create more jobs opportunity to the adjacent areas.In the city, engineers build high rise building which maximize land usages, provide a better and comfortable working environment to increase quality & productivity of work. Engineers also forecast & plan for future water demands & make proposals to solve current water supply problems. Example: Proposal of building new water treatment plants & reservoirs, or replacement of old pipelines to reduce loses due to leakages and so on, all these were developed and built with the input from engineers. One of the engineer’s contributions that have major impact of the lives of many members of society is in the Transportation sector.Better transportation network such as PLUS, KESAS, ELITE, will boost many new residential area & township development of suburban area. Upgrading of road network and transportation system improve production and economy; improve unity of nation and communication between state. People find easier and more convenient in moving around from one place to anther place. It only takes about 4 hours to travel from Penang to KL with North South Highway. Rest & Recreation Area provide a place for road users to rest and a new optional place for food, recreation and public services.Engineers also help in providing good public transportation network which enhance country image. Moving around in big city in Klang Valley using Light Rail Transit and Monorail System can avoid the congestion of traffic, overcome the problem of scarcity of car parks and shorten the period of time to reach the destination. Engineers provide solution for limited space in a city by efficiency of interchange, solve foundation and stability problem, carry out value engineering for optimization of cost which make more development for limited capital a nation has.Beside this, the improvement in the telecommunication contributed by the engineers in the field of electrical, electronic and computer engineering have resulted to a better quality of lives. Satellite TV and cell phones together with computer and internet have enabled us to communicate instantly and anywhere on earth, so that we are now more informed than ever with the information that can be searche d for and accessed more readily. One can communicate with their friends, family members, business partners or clients at any place, and anytime.The advancement in communication coupled with the better physical communication such as transportation network have bring not just better quality of life, but also have increased business activities, more decision can be made daily, more people can be involved in business activities, more income generated for company and individual, and the taxes collected by the government as well. 3)Innovation on equipment and machine The life expectancy of the population at large is getting longer and part of the reason is the health service providers like hospital being equipped with better tools and machines e. g. -rays and scanners developed and built by engineers. Medicine has been made more cheaply and widely available by new techniques. Engineering practices and knowledge that have been put in the design, application and production of hearing aids a nd other equipment such as lasers for optometric correction is a significant contribution to the better welfare of human being. The home is typically equipped with airconditioning and washing machine that engineers contributed in the development and manufacturing so that we can live a more comfortable life with more time for more productive and creative activities.Conclusion Engineer’s professional behavior require that they act faithfully to their employer or clients, be competent in their field of work, gain required technical know how and work experience, put the safety of the public in profound regards, protect the environment, contribute to sustainable development, make objective and truthful report to the public if needed, avoid conflict of interest in the job and to act honorably and respectfully in their professional conduct.The most important aspect is that any advice given has to be fair, objective, impartial, and has to be in the best interest of the public in gene ral and client in particular, in order to instill public confidence and trust. Engineers must be seen as a person with total integrity in his work and no compromise to his professional judgment.These behaviors generally spill over to the professional’s conduct in public and thereby contributing to a better work place and to the society from the services and products they have generated. All of these have resulted a quantum leap in human civilization and all these cannot be happened without engineers.

LIMS (Laboratory Information Management System) Essay

The LIMS system allows laboratories and other industries, to insert information in the electronic format that is required in order for it to function for it to function and generate the working system. This allows other users and participants to insert relevant data in mandatory fields, this could be things such as name, date of birth, ethnicity, medical history etc. this is placed in the system for organisation. LIMS is also known to be an electronic filing cabinet, data input done according to the given organisation. It can also store graphical data such as photos, CT scans of patients in their medical history; also text an example of this is hospital patients, regarding their identity photo and medical history. This image shows an example of patients DNA testing samples, this can be used in hospitals for patients. Another example is that samples from patients can be taken, a pathology form is raised by the clinician under the patient records. These are then barcoded to keep each and every ones records individual. The LIMS system can use data to produce relevant information such as investigation results. This can vary from different organisation. â€Å"DNA analysis is one of the main tools used in forensic science to identify individuals. Crime laboratories undertaking DNA typing are typically concerned with comparing DNA evidence with known standards. The evidence is DNA samples collected from a crime scene and these are cross-matched against DNA swabs taken from anyone connected to that scene, be that victims, defendants or elimination ‘knowns’. The elimination known can come from the victims’ relatives, for example, or, if it’s a shared house, from tenants. The comparisons are made, not only to generate and compile evidence against suspects, but also to exclude people from the investigation.† It is also used to monitor good laboratory practice by monitoring sample collection of tests, testing, and quality assurance. ‘Good laboratory practice or GLP specifically refers to a quality system of management controls for research laboratories and organizations to try to ensure the uniformity, consistency, reliability, reproducibility, quality, and  integrity of chemical (including pharmaceuticals) non-clinical safety tests; from physio-chemical properties through acute to chronic toxicity tests.’ The LIMS system is easy and time efficient because it can automatically alert the system this can be for anything such as the next dentist appointment that is due for a patient or oncoming samples, this is a great advantage because they then can be bar coded. This allows systems and procedures to run through much quicker without a ny errors occurring. LIMS can also be used to monitor stock levels Reference & Bibliography http://www.scientific-computing.com/features/feature.php?feature_id=225 http://en.wikipedia.org/wiki/Good_laboratory_practice

Economics from a Historical Perspective Essay Example | Topics and Well Written Essays - 7000 words

Economics from a Historical Perspective - Essay Example The powerful class of people acquired the ownership of some people from the lower sections of the society, who would perform duties as directed by their masters. These people were called slaves. However, medieval Europe developed a somewhat similar culture of interdependency between two classes of people which was known as â€Å"serfdom†. The medieval serfs were actually the dependant peasants. Serfdom first developed in France, where slavery had not been practices significantly. The European countryside during the Middle Ages were the seat of large houses called â€Å"manors† which were different from the Roman â€Å"villas† of the earlier times. These manors were built according to a typical design and were usually accompanied by large expanses of land meant for farming activities. The manors were the home of the medieval lords, who possessed considerable power and authority and were next to only the king in terms of their position. These lords used to engage p easants to carry out farming in the manor lands belonging to the lords themselves. These poor peasants usually had no land of their own and earned their living by working on the lands of their masters. In return for their services, they were allowed to live in the outhouses of the manors. They were also provided adequate protection by the lords and their armies in case of an unforeseen attack by the barbaric tribes which was common during the medieval times. However, serfdom was quite different from slavery. Here, the lords and serfs were bounded by an informal contract outlining their mutual authorities, obligations and financial relation (Phillips, 57). This marked an improvement in the conditions of the working class where they had been completely subservient to their masters during the prevalence of slavery. The population of Europe (including modern Russia) was estimated to be around 42 million in 1000 grew to about 73 million by 1300, which is recorded as the highest populatio n during the medieval times. During these three centuries, the number of European people increased by 31 million compared to an increase of only 15 million recorded during the three centuries prior to 1000. There were several reasons for this significant growth in population. During the period 1000-1300, medieval Europe was characterized by the cultivation of new lands which increased the overall food supply. The agricultural sector flourished and buoyed by the positivity in the economy, the population started increasing. The human settlement began to expand to new territories, especially to the fertile valleys of the rivers Elba and Oder. The European people moved eastwards to acquire new lands and build their livelihoods over there. They build up their new settlements in mainly three directions: to the south towards the Hungarian plain following the natural course of river Danube, to the central lowlands of â€Å"Thuringia, Saxony and Silesia† and towards the north borderin g the coast of the Baltic sea which finally led to the formation of new cities such as Rostock and Konigsberg. The boundaries of the major existing cities were expanded to include more people within the cities while in the countryside, new castles were constructed and new villages were formed by the increasing population. In addition to this, there was lesser migration of the European people to other countries like Scandinavia in the north, Russia to the east etc. All these factors explained the significant increase

Zoot Suit Riots Essay Example | Topics and Well Written Essays - 1000 words

Zoot Suit Riots - Essay Example Delving into its origins, the cause of these riots can partly be attributed to an incident known as the Sleepy Lagoon Murder. In August of 1942, a man of Mexican origin was found unconsciousnear Los Angeles at a place which later came to be referred to as ‘Sleepy Lagoon’. The authorities labeled his death a murder committed by the local gangs of Mexican youth, particularly the ‘38th street gang’, the reason being the frequent violence that allegedly ensued between them. Several members of the aforementioned gang were arrested and charged with murder and were then put in jail. Although the convictions were later overturned and the members which were arrested were let go, this murder case brought an anti-Mexican tendency throughout the media in California and Mexicans were thought of as being violent and troublemakers. Tensions grew between the Mexican-Americans and the people of local origin, especially the white Americans, as a result. The riots however did not start without further incidents directly or indirectly causing even more tension. Before we get to when the actual riots took place, we must understand that there was an ever-growing amount of discrimination against the Mexican-Americans or Latino-Americans in the area. ... r Production Board imposed restrictions on various things in order to utilize the resources in a better way; one of the goods on which the production restrictions were imposed were suits, and clothing which contained wool. These restrictions had the effect of practically forbidding the manufacture of Zoot suits as they used a lot of cloth and were considered extra flamboyant and unnecessary. However, certain tailors did not stop the manufacture of Zoot suits and thus, shortly afterwards, wearing a Zoot suit in war-time became a symbol of disregard to the regulations of the War Production Board and therefore, a disregard to the fact that the country is at war and care must be taken in utilizing of the recourses. Wearing of these suits was hence a symbol of going directly against patriotism and in the view of the authorities, the media and especially the men of the US navy stationed in the city, it was reason for even more hatred towards the Mexican-Americans or â€Å"Pachucos†. The causes of the riots can be further elaborated by highlighting two incidents that took place a few days before, and on the night before the riots, respectively. The first incident involved a group of Mexican-Americans in Zoot suits attacking the soldiers and sailors based on allegations of harassment of Mexican women in the area. The second incident took place the night before the start of riots, as a bunch of Sailors of the U.S. Navy got into an argument and got attacked by young Mexicans who were wearing Zoot suits. The actual riots started the next day. On 4th of June 1943, about 200 members of the U.S. Navy, as a group, went through the city towards the east side of the city, and started a fight when they first saw their targets: Mexican-Americans in Zoot suits. Most of the victims in this

Terrorism on the Internet Essay Example | Topics and Well Written Essays - 3000 words

Terrorism on the Internet - Essay Example The attack on the World Trade Center was one where terrorists wreaked an unprecedented level of destruction and the attention of the world was drawn sharply to the dangers posed by the terrorist threat. Sterne (2003) defines terrorism as â€Å"as an act or threat of violence against noncombatants with the objective of exacting revenge, intimidating, or otherwise influencing an audience.† Over the years, the face of terrorism has changed – it is no longer restricted to state sponsored terrorism, but has evolved into specialized local cells, with individual terrorist elements spreading threat in order to achieve their own selfish political or other ends. Sterne clarifies that in this context, terrorism is not the kind of enemy that can be combated on an all out open combat basis. She defines terrorism as â€Å"a kind of virus, which spreads as a result of risk factors at various levels: global, interstate, national and personal."[www.buzzflash.com]. With increasing globalization, the use of the Internet has widened to encompass a new sphere of activities that are facilitated through the electronic medium{Kusher 1998). It is now possible to achieve on an individual basis, a scope of activity that would have previously necessitated the availability of a vast amount of resources and several people. But through the cheap electronic medium, it has become possible for computer savvy individuals to engage in several criminal and terrorist activities that are characterized by the compromising of sensitive information and by large scale destruction. Since most commercial and Government activity has now become e-based, terrorists can cause a great deal of damage by hacking into the databases of Government organizations.