Wednesday, October 30, 2019
The impact of spray location on coated granule quality Essay
The impact of spray location on coated granule quality - Essay Example It is used for several purposes including granulation, coating, drying, and pelletization.(Teunou and Poncelet; Yang et al.; Olsen "Batch Fluid-Bed Processing Equipment - a Design Overview: Part I,") In the food industry, fluidization is used in freezing and cooling, freeze drying, puffing, classification, blanching, and cooking.(Dewettinck and Huyghebaert) Essentially, fluidized bed coating entails the introduction of granules into a coating cell and fluidization by air flow. The coating substance is sprayed through a nozzle with the aim of achieving a homogenous layering of the coating material on the granule. The process may be done as a batch or continuous one. Current industry trends favor the use of the continuous process over the batch process, in order to optimize efficiency of operation, and consistency of product quality.(Teunou and Poncelet) In the food industry, granule coating can be used to prepare encapsulated powders which separate reactive components in a mixture, mask unpleasant taste or flavor, protect unstable ingredients from degradation by environmental factors, reduce hygroscopicity, or provide controlled release.(Teunou and Poncelet) It also produces modified flow, compression, dust reduction and density properties in the coated products.(Teunou and Poncelet) The method has been used to encapsulate enzymes, labile proteins, yeast and aromas in polysaccharide matrices and for film coating of extruded products by lipids, resins, or proteins.(Teunou and Poncelet) Maa et al. reported the coating of lactose granules with recombinant human deoxyribonuclease using spray coating technologies.(Maa, Nguyen and Hsu) In food processing, The applications of fluidized bed coating in the food industry have been reviewed by a number of authors.(Dziezak; Arshady; Duxbury and Swientek) A recent review by Werner et al. looked at the current state of the art with respect to air-suspension particle coating in the food industry.(Werner et al.) In the pharmaceutical industry, fluidized bed coating is utilized in the facilitation of delayed, sustained or controlled release; selective enteric release, masking of taste, stability to degradation, and pharmaceutical elegance.(Dewettinck and Huyghebaert) Explanation of different spray location technologies There are three classic geometries for spray coating location: the top spray, bottom spray (or "wurster" spray), and tangential (or side) spray with rotating disk(Olsen "Batch Fluid-Bed Processing Equipment - a Design Overview Part 2"; Yang et al.). Top-spray Method The oldest spray location technology is the top spray method, in which the spray nozzle is located atop the fluid bed chamber, and the sprayed droplets move countercurrently to the air flow.(Yang et al.) It was developed from the older fluidized bed dryers.(Dewettinck and Huyghebaert) It involves the acceleration of granules from a container past a nozzle which sprays the coating countercurrently on the fluidized particles.(Dewettinck
Sunday, October 27, 2019
National Situation on OSH in Liberia
National Situation on OSH in Liberia Name of participant: Habib K.N Sheriff Proposals for the improvement the national situation on OSH in Liberia Introduction To protect workers health and safety, a system has to be in place to ensure that the health and safety of the employees are consistently protected void of type and class of work. This system must enforce workers protection independent of the employers will, i.e. the system must ensure that the employers doesnt act at his/her will and pleasure even if it endangers the health and safety of the employees. Currently, there exist no recognized structure/policy in Liberia; however, there are specialist organizations and government bodies with direct functions in specific OSH disciplines. Unfortunately, even these bodies are dormant. As the government is meant to protect its citizenry, they must take the lead in the protection of employees. As a significant responsibility, government is to ensure decent work for all workers which include safe work. This is not unique to Liberia; it is included in the ILO Convention on Occupational Health Services No. 161 describes the occupational health service as an integrated, comprehensive, multidisciplinary team entrusted with essentially preventive functions and responsible for advising employers, workers and their representatives in undertakings on improving health at work, improving the working environment, promoting workers health, adapting work to the physical and mental capabilities of workers, and the overall development of the structural and managerial aspects of the workplace needed for health and safety (Introduction to the National OSH System, 2015). The government of Liberia being a signatory to the Convention 155 and Recommendation 164 of Occupational Safety and Health, 1981 of the ILO must therefore develop a policy consistent with best practice and strongly supported by law and used it to enforce OSH best practice in the country. This policy must have the support most preferably of all branches of the government: an act endorse by parliament and signed into law, explained by the judiciary and enforced by the executive. In such way, the highest office i.e. the office of the President supports the document thereby giving it the much needed enforcement. Strength and weaknesses of current OSH structure of Liberia: Strength Currently, there are a number of government ministries responsible to execute various OSH duties in the Liberia. These ministries are supported by law to organized specialist teams that will assist the improvement of specific sector through engagement and enforcement. They are empower to varying extend depending on the body and task they have to perform. Some even have powers of arrest- Ministry of Gender and development has the power to arrest individuals involved in child labor practices and turn the culprit over to the Ministry of Justice for prosecution, while others have powers to issue stop order like those issued by the Ministry of Health and Social Welfare, and the Ministry of Labor. Weakness Unfortunately, there is little that is been done by each of these organization. They are either dormant or lacks the manpower and technical knowhow to execute their responsibilities. Also, the support from government is lacking in some area. A major challenge in the current structure is the definition of scope and responsibilities. Several ministries tend to repeat similar roles. This is worsened by very poor communication between line ministries on cross-functional subjects. This result to unnecessary repetition like during inspections, and multiple instructions to businesses in the implementation of OSH. Proposed structure: Foundation Policy is commonly defined as a specific, deliberate course of action adopted by a government or public body to help fulfil its mandate. Any policy must be anchored in, and derive its authority from, formal legal powers and obligations and is thus an important instrument for decision-making processes. (National OSH Governance, 2015 edition), considering this definition, OSH must be enacted as the genesis for the formation of the system all that follows. This act will be aimed at strengthening its derivatives- the resulting policies and procedure. This act will be implemented through the established structure within the national framework. There must be agencies with responsibilities to perform different roles and develop regulations and Code of practices. With the support of the act, agencies can be held liable for not implementing these regulations or failure to meet best practice as prescribe in the Code of practice. Overtime, there will be collective barging which will further aid the full implementation of the policy and where necessary, technical standards to will be given by the responsible agency/authority to ensure bottle-necks are remove. Stakeholders structure Liberia has numerous ministries with OSH responsibilities, these ministries must be properly coordinated through a Competent Authority (CA) this CA must be legislated and made semi-autonomous to ensure that it acts with neither fear nor favor. The body should be so constituted and empower to countercheck the activities of line ministries responsible for the enforcement of OSH related issues in the country. For instance, in as much as health related subject falls within the ambit of the Ministry of Health and Social Welfare (MOHSW), the CA should have the overall responsibility to check the ministry and ensure that agencies are complying with regulations. Same must apply to the ministry of Labor which oversees labor related issues. The CA will oversee a tripartite council constituted by line ministries with OSH duties, private companies and workers council; also either as a part of the workers council or subsidiary bodies are the insurance and Traditional representation. This body- tripartite council will meet at regular intervals to discuss national OSH issues, whenever such meetings are held, the CA will chair and ensure proper documentation are stored with the authority. Other major bodies: Insurance bodies Although not directed regarded when naming the tripartite council, insurance plays a cardinal role in the overall establishment and maintenance of the OSH system in a country. Naturally, proper OSH management tends to greatly benefit insurance agencies by reducing compensation they pay out and increase their income. Therefore, when insurance agencies pay special attention to OSH by supporting proactive projects- prevention projects/campaigns, there will be marked improvement in the overall OSH system of the country. Traditional bodies To achieve realistic compliance to OSH policies, it is only wise to involve stakeholders having direct impacts on both the formal and informal occupational sector. In Liberia, farming is done basically through traditional methods and involves illiterate farmers using local methods. The importance of having this group represented cannot be overemphasized. Any council without a full representation of this group is incomplete because it excludes a significant number of workers hence it is not a proper representation of the overall workforce. Moreover, formulation of effective guidelines can only be done if the nature of the problem is fully understood. To understand the problem, there must be consultation which cannot be actualized without the involvement of local farmers; therefore, it is best to have the fullest representation of those carrying on the task when reviewing issues and making decisions. Rules and directives must be applicable to the people in the region for which they are design. If the tools use by a particular group of people is not known, how does a person risk assessing the task know the hazards inherent in such task? Benefits of the competent authority: Ambiguity The CA will remove ambiguity among ministries by deciding their scope and limitations in OSH. Quite frequently, line ministries do no fully know the limitations of their OSH duties as other ministries have similar functions. For instance, the Ministry of Labor (MOL) is responsible to ensure that working conditions are decent for all workers, this also is the responsible of the MOHSW who is responsible to ensure health care is optimum the workplace and that the working conditions doesnt hamper the health of the workers. Coordination A CA will ensure better coordination through joint projects and optimizing specialist skills when and where necessary. For instance, although decent work involves both MOHSW and MOL, where health is a key indicator of decent work, better coordination between these two line ministries will assist in deciding that MOHSW takes the lead due to their specialist skills in health. Unnecessary repetition and inspection CA will define the roles and limitations of each ministry. Since ministries have repeated or closely similar roles, some inspections are carried out more than once, this result to apprehension amongst businesses and industries at which these inspections are carried out, hence much lack of cooperation. Define reporting structure As a basic responsibility of the CA, it will collect reports on a timely basis and follow-up on gaps in various agencies. This define structure will regulate line ministries and agencies in complying with established guidelines. Also, reporting will aid during auditors to cross checked what is reported against what exist in the workplace. By this means, greater focus will be placed on the needed areas and removed the need for unnecessary attention. Technical services This body must be so constituted to have the necessary technical experience to facilitate training and provide assistance to various entities on OSH related subjects. Trainings should not be limited to technical services (working at height, use of PPE, lifting rigging and slinging, manual handling etc.); it should also include administration and structure in OSH. As the OSH program is relatively new in Liberia, this body must have the needed funding from government to provide 75-90% of the training free. This will encourage greater participation of organizations especially profit making ones who view OSH as additional expenditure. Conclusion: In Liberia to achieve and maintain an OSH system, a policy must be formed and controlled by a CA. This can be achieved by forming a tripartite council which meets regularly to establish and review national OSH framework and develop a plan of action. This council headed by the CA will also be supplemented by other bodies which will have full rights- these bodies must include Insurance and Traditional bodies. Said council must be supported by an act of legislation, fully constituted by all the relevant stakeholders and have the needed technical experience to properly guide the implementation of established guidelines and code of practices. This will create a fertile environment for a fast growing OSH culture where there will be more voluntary compliance. Although voluntary compliance is sought, the overall priority is to protect workers from harm physically or mentally, therefore, the CA should be given enforcement powers to act without warning when necessary. All should be cone with a basic rule Decent/safe work for all employees. Bibliography: Occupational safety and health module 6.1 -2015 edition Occupational safety and health module 6.2 -2015 edition
Friday, October 25, 2019
Business Proposal for a Retail Shop Selling Sports Clothing and Equipme
Business Proposal for a Retail Shop Selling Sports Clothing and Equipment - Introduction - In this coursework I have chosen to plan a proposal for a new business. The type of business I have chosen is a retail shop selling sports clothing and equipment. The shop will be called "Sporting Glory" and will be situated in the High Street of Sutton in Surrey. The aim of the business is to provide quality sports clothing and equipment to it's customers at affordable prices. Through this coursework I will decide how the business will be set up, what stock the business will have to sell (i.e. How much and over what range), how the business will advertise itself, how the business will overcome it's competition (if possible at all) and how the business' cash will be managed (who invests into the business, how much staff get paid etc.). The location of the business will also be decided as Sutton High Street has the capacity of many shops and a shopping mall/centre therefore it has to be decided exactly where the business will ...
Thursday, October 24, 2019
Critical Thinking Scenario: Blood Money Essay
The purpose of this essay is to provide an explanation for the relationship between critical thinking and ethics based on an ethical scenario called, Blood Money as analyzed from a critical thinking perspective. First, the moral responsibility of the participants in the scenario and the stakeholdersââ¬â¢ moral failings will be defined. Next, the conflict of obligations or ideals will be analyzed while the best possible outcomes for the given consequences will be provided. Last, a brief analysis will be presented which describes the relationship between ethics and critical thinking. Critical thinking is a form of deliberate decision making based on reflective judgement. It is used for problem solving that involves evaluating and weighing two or more pieces of incoming information. Australian Moral Philosopher, Peter Singer, defined ethics this way: ââ¬Å"Ethics is a major branch of philosophy, encompassing right conduct and good life. It is significantly broader than the common conception of analysing right and wrong. A central aspect of ethics is ââ¬Ëthe good lifeââ¬â¢, the life worth living or life that is simply satisfying, which is held by many philosophers to be more important than moral conductâ⬠, (Singer, P. 2011). Simply, ethics refers to a set of theoretical morals that involves right conduct meant for the greater good. Critical analysis The scene begins with a group of under cover reporters who discover a Chinese business of the purchase and sale of human organs from the bodies of Chinese prisoners who are ordered to be executed in China. The Chinese and United States governments both denied that such a business exists. The under cover reporters who worked for Primetime Live managed to tape the transactions during their investigation which began is New York Cityââ¬â¢s Central Park and continued all the way to a military based hospital located in Hong Kong,à China. The reporters discovered that the Chinese military was one of the primary players in this get-rich scheme which generated revenue in the hundred millions. Apparently, $30,000 can buy one kidney and pay for the transplantation. In fact, a down payment of $5,000 is all that is required to get placed on the reservation list. This black market of organs sales by the Chinese military was common knowledge which involved numerous doctors in this barbaric business. Before the prisoners were even executed, they were forced to accept anticoagulants prior to their execution in order to prevent their blood from clotting. Such acts alone are a violation of the prisonersââ¬â¢ human rights. Shockingly, an American company was discovered having an active involvement is this black market. It was confirmed that W.R. Grace Corporation played a crucial role in the success of the black market business by providing the Chinese Army with a fully equipped dialysis centre. Moral responsibilities There are three active participants and two passive participants in this scenario. The three active participants are the doctors, the Chinese military, and W.R. Grace who made the business possible. The two passive participants are the Chinese government and the United States government. The Chinese military was morally responsible for making sure that the prisonersââ¬â¢ consent was obtained for taking organs from their bodies after their execution. The doctors were morally responsible for protecting the prisonersââ¬â¢ organs and for exercising honourable conduct that falls in line with their Hippocratic Oath of ethics. W. R. Grace Corporation was morally responsible for ensuring that the hospital did not engage in unethical practices and more importantly, the company had a moral responsibility not to assist the hospital in doing so. The Chinese and Unites States governments shared the responsibility of protecting the prisonerââ¬â¢s rights which included the implementation o f such rights while preventing unethical practices. Stakeholdersââ¬â¢ moral failings The moral failings of the stakeholders are different as the Chinese military failed in getting away from an unethical trade, the doctors failed morally in performing their moral duties and the American company failed in its moral duty by supporting and equipping a hospital involved in unethicalà practices. The governments of China and the United States failed morally in ensuring implementation of human rights and ethical practices. Ideals or obligations in the conflict The ideal or obligations in the conflict include using the organs of the prisoners with their consent, instead of selling the organs it could be used for the needy, for example, poor Chinese population, and lastly educating people about the actions of the Chinese military and its objectives and benefits. Best outcome of the given consequences The best outcome of the given consequences is that the organs of people can be used for medical purposes provided they give their consent for it. Conclusion Ethics are a set of standards which people use for living a good life while critical thinking makes the ethics or causes to be fluid. Critical thinking is the concept emerged by applying cognition while ethics refers to the perception of right or wrong in a given situation. Ethical principles have global or universal overlaps, but the ethical problems and solutions are hardly universal. Here is when there is a need to draw the connection between ethics and critical thinking. Applying critical thinking in a defined situation enables people for making the right decisions about choosing right ethical principles for applying to a particular situation. References Foundation for Critical Thinking. (2013). Critical Thinking in Everyday Life: 9 Strategies. Retrieved from http://www.criticalthinking.org/pages/critical-thinking-in-everyday-life-9-strategies/512 Manias, N., Monroe, D., & Till, J. E. (2013). Ethics Applied (7th ed.). Boston, MA: Pearson Education, Inc. Paul, R. & Elder, L. (2001). Modified from the book by Paul, R. & Elder, L. (2001). Critical Thinking: Tools for Taking Charge of Your Learning and Your Life. Singer, P. (2011). Why Act Morally?. Cambridge Books Online, 3rd(30), 276-296.
Wednesday, October 23, 2019
Persuasive- Pro Gay Marriage Essay
The legalization of same-sex marriage benefits both LGBT people and America as a nation. As states progressively begin to legalize same-sex marriage, itââ¬â¢s a convenient time to refocus attention on the many advantages associated with the pursuit and achievement of marriage equality. If same-sex marriages are legalized in Texas, not only will it benefit the state but also it will promote equality and non-discrimination in society, provide economic and business opportunities, and strengthen Americaââ¬â¢s national identity and international reputation. Millions of LGBT people contribute daily to American life in a multitude of ways culturally, socially, financially, politically, vocationally, and spiritually. They are vital to this nationââ¬â¢s continued growth and evolution and the U.S.A. would suffer greatly from the extraction of their many contributions. The legalization of same-sex marriage encourages the human right that everyone deserves. This promotion of equality and non-discrimination is extremely important in reducing homophobia and encouraging a minority group in society that has suffered colossal amounts of disgust that nobody deserves. ââ¬Å"More than 1 in 5 LGBTQ students are physically harassed or assaulted because of their sexual orientation.â⬠Children and young adults are being bullied because of whom they like; many of them cannot deal with this harassment and end up committing suicide. A large part of this nationââ¬â¢s future will be dead if this nonsense doesnââ¬â¢t quit. What more of a reason d o people need to know to see that homophobia is wicked and same-sex marriage should be permitted? It has been proven that same-sex marriage has provided a major economical boost to those states and countries that have embraced marriage equality. The marriage and wedding industry is a significant one. ââ¬Å"Nearly $260 million was injected into the New York City economy in the year following the legalization of same-sex marriage.â⬠Itââ¬â¢s obvious that money-obsessed geezers that are always looking for a way to get more money out of citizens run the government. Theyââ¬â¢d be absolutely blind and useless not to acknowledge that authorizing same-sex marriages could be a win-win for both them and gay couples. America has historically presented itself as a global leader in matters of freedom and democracy. Itââ¬â¢s unfortunate and ironic, however, thatà back on home soil one particular group of people is consistently denied full access to the ââ¬Å"American dream.â⬠The fact that the federal government doesnââ¬â¢t recognize same-sex marriage in a majority of the states has damaged Americaââ¬â¢s international reputation in relation to LGBT rights. If people would stop discriminating and start embracing this way of life it would play a key role in enhancing Americaââ¬â¢s international reputation in matters of social justice and in restoring this nationââ¬â¢s integrity as a global leader in the competence of civil and human rights. Also, ââ¬Å"Liberty and justice for allâ⬠would finally be believable when same-sex couples are granted equal access to laws across the country. Itââ¬â¢s time for things to change and begin to celebrate diversity and difference in our society, rather than continuing to fear or attack it.
Tuesday, October 22, 2019
The History of Juneteenth Celebrations
The History of Juneteenth Celebrations Abolitionists such as Frederick Douglass and Sojourner Truth worked tirelessly to free blacks from bondage in the United States. And when President Abraham Lincoln signed the Emancipation Proclamation on Jan. 1, 1863, it appeared that the peculiar institution known as slavery had met its end. For many African Americans, life remained the same, however. Thatââ¬â¢s because fierce racial discrimination prevented them from living autonomous lives. More shockingly, some enslaved African Americans had no idea that President Lincoln had signed the Emancipation Proclamation, which mandated that they be set free. In Texas, more than two-and-a-half years passed before slaves received their freedom. The holiday known as Juneteenth Independence Day honors these slaves as well as African-American heritage and the contributions blacks have made to the United States. History of Juneteenth Juneteenth marks the date of June 19, 1865, when Gen. Gordon Granger of the Union Army arrived in Galveston, Texas, to demand that the slaves there be set free. Texas was one of the last states where slavery endured. Although President Lincoln signed the Emancipation Proclamation in 1863, African Americans remained in bondage in the Lone Star State. When Gen. Granger arrived in Texas, he read General Order No. 3 to Galveston residents: ââ¬Å"The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages.â⬠Following Grangerââ¬â¢s announcement, the formerly enslaved African Americans broke into celebration. Today that celebration, said to be the oldest black American holiday, is known as Juneteenth. African Americans not only celebrated their freedom, they exercised their new rights by buying land across Texas, namely Emancipation Park in Houston, Booker T. Washington Park in Mexia and Emancipation Park in Austin. Past and Present Juneteenth Celebrations The first massive Juneteenth celebrations kicked off the year after Gen. Granger appeared in Galveston. Historic Juneteenth celebrations included religious services, readings of the Emancipation Proclamation, inspirational speakers, stories from former slaves and games and contests, including rodeo events. Many African Americans celebrated Juneteenth in the same way that Americans generally celebrate the Fourth of July. Today, Juneteenth celebrations feature similar activities. As of 2012, 40 states and the District of Columbia recognize the Juneteenth holiday. Since 1980, the state of Texas has observed Juneteenth as an official holiday known as Emancipation Day. Contemporary celebrations of Juneteenth in Texas and elsewhere include parades and street fairs, dancing, picnics and cookouts, family reunions and historical reenactments. Moreover, President Barack Obama pointed out in his 2009 proclamation of the holiday that Juneteenth ââ¬Å"also serves as a time for reflection and appreciation, and an opportunity for many people to trace their familyââ¬â¢s lineage.â⬠While African Americans widely celebrate Juneteenth today, the popularity of the holiday has waned during certain periods, such as World War II. Holiday celebrations of Juneteenth resurrected in 1950, but by the last years of that decade and in the 1960s, Juneteenth celebrations declined once more. Juneteenth became a popular holiday again in a variety of regions during the 1970s. In the early 21st century, Juneteenth is not only a well celebrated holiday, thereââ¬â¢s a push to have the 19th of June become a National Day of Recognition for slavery. Call for National Day of Recognition The Rev. Ronald V. Myers Sr., founder and chairman of the National Juneteenth Holiday Campaign and the National Juneteenth Observance Foundation, has asked President Barack Obama to ââ¬Å"issue a presidential proclamation to establish Juneteenth Independence Day as a National Day of Observance in America, similar to Flag Day or Patriot Day.â⬠As an elected official in Illinois, Barack Obama supported legislation for his state to recognize Juneteenth, but the president has yet to make a move that would make Juneteenth a National Day of Recognition. Only time will tell if Juneteenth and the slavery of African Americans is ever acknowledged by the federal government in such an official capacity.
Monday, October 21, 2019
Analysing Ecological And The Psychodynamic Theories To Explain Social Behaviour Social Work Essay Essays
Analysing Ecological And The Psychodynamic Theories To Explain Social Behaviour Social Work Essay Essays Analysing Ecological And The Psychodynamic Theories To Explain Social Behaviour Social Work Essay Paper Analysing Ecological And The Psychodynamic Theories To Explain Social Behaviour Social Work Essay Paper This essay uses the ecological and the psychodynamic theories to explicate societal behavior, predict the results and explicate the hypothesis therefore doing an initial appraisal on the Banks household. The essay will discourse the advantages and disadvantages of each of the theories, the similarities and the differences between both of them and it will reason that human life and behavior is such a strong illustration that a individual theory can non satisfactorily history for all events across the life span. However, it will asseverate that in respect to the Banks household, the ecological theoretical account has an advantage over the psychodynamic theory because it holistically encompasses figure of issues such as fiscal security, stuff benefits, lodging, and parents history among others which do have effects on the hazard of kid maltreatment. The issues identified in the Banks household include ; Mark s intimidation, individuality issues, and Ken s negative early life minutess and his relationship with Mark. To turn to these issues, the societal work will utilize the ecological theory. The ground for taking the ecological theory is because it is compatible with the appraisal model ( 2000 ) ( DOH 2000a ) as it links household history, cistrons, parents and their off springs relationship, economic factors, parental relationship experiences, persons ability to get by or pull off the emphasis and the synergistic consequence of hazards ( Ciccheti and Valentino: 2006 ) . Therefore, establishing on the ecological position, the societal work will hold to work within Mark s ecology ( Bilson A ; Ross: 1999 p.70-71 ) to happen out the troubles that the household might be confronting and to besides happen possible solution ( Ward: 1995 ) . The societal worker will research the three ecological dimensions which are ; Mark s developmental demands, Mel and Ken s parenting capacity and household environmental factors ( D.O.H 2000a ) . The societal workers will originate an honest and unfastened partnership with the household with an purpose of safeguarding and advancing the public assistance of Mark and his siblings. This will be for the parents to experience confident therefore prosecuting in the appraisal by supplying relevant information about Mark, Mel and John, themselves. He should besides endeavor to happen out about Mark s paternity and any familial heritage or disposition issues that might be between Mark and his biological male parent ( Aldgate and Bradley 1999 ) . The societal work will research the parents history by bespeaking them to depict who they are and the tendency of their relationship with Mark. This model will assist the societal worker to mix the historical and current information about the household, its operation, jobs and relationships ( Reder and Duncan: 1999 p.98-101 ) with the position of happening out what is go oning to Mark in the context of the full Banks household and the environmental factors and how they affect the household relationships. Other issues that will hold to be looked into are ; the household income, vicinity and Mark s friendly relationships with his equals. This is because there is a nexus between the household s economic disadvantage and the opportunities that kids in the household will non thrive ( Utting:1995, Jack: 1997 ) It is besides noteworthy that Ken is firmly attached to his biological kids ( Mel and John ) and non to Mark who is his step-child. That should trip the societal worker s wonder thence researching both the parents emotional handiness, reactivity, and their attributions to Mark and compare it with the manner they interact with Mel and John. This can be done through direct observation, oppugning and garnering testimonies from other important people including professionals such as the general practician and the instructors ( Department of Health 2000a ) . The societal cubic decimeter worker will besides research Ken s childhood experiences because they might be act uponing or doing consequence to his relationship with Mark ( Sroufe et al 2005: p.10 ) . This implies that the quality of attention that Ken is supplying Mark might in itself be a merchandise of his ain developmental history which is characterised by holding been in attention during childhood, holding no male parent figure, therefore his labored relationship with his female parent ( Cicchetti and Valentino: 2006 p.148 ) . It is besides noteworthy that all Mark s attempts to cognize his biological male parent proved to be ineffectual. And because of this, Mark might be sing identity issues such as low self- regard, hapless self-image and a hapless sense of belonging and credence by the household hence his negative behavior ( Draper A ; Draper: 1982, p.26 ) . For this ground, the societal worker should guarantee that he gathers every bit much information about Mark s biological male parent as possible merely in instance Mark expresses wants to see or to cognize about him. In respect to Mark s intimidation job, the societal worker would transport out direct work with him. In order to understate the anti discriminatory and anti subjugation pattern, the societal worker will hold to see his age, gender and civilization, faith and any disablement or developmental issues. He will hold to admit and esteem Mark s wants, feelings and his apprehension of the deductions of the state of affairs in which he finds himself therefore doing the appraisal kid centred ( DOH 2000a ) . The societal worker would besides research Mark s friendly relationships and how the interaction therein influences his negative behavior ( Rutter et al, 1998 ) . At the terminal of the session, depending on what the societal worker makes out of Mark s behavior and his social-emotional status he may mention Mark for psychological appraisal to farther set up his emotional well-being. The result of the psychological appraisal will so be used during the nucleus appraisal to inform the appropriate program of intercession to guarantee Mark development, safety and well-being ( Department of Health 2000a ) Advantages of the ecological theory. The advantage of utilizing ecological attack is that it focuses on the relationships in minutess between the systems in the ecology therefore understating the sensitivity of the professionals to believe entirely in additive footings therefore accommodating a broad scope of intercession hence researching issues such as societal support, societal capital and socio-economic troubles that people experience ( Garbarino 1990 ) . The ecological position is an incorporate theoretical account which acknowledges the effects of the biological, psychological societal and economic factors that affect the wellbeing of persons ( Payne, 1994 ) . Disadvantages of utilizing the ecological theory? Despite all the advantages of the ecological attack, it is a long procedure for households or persons who need speedy solutions for their jobs ( Payne 1997 ) . The psychodynamic attack Another theory that can be used to construe the Banks household s phenomena, predict the results and explicate the hypothesis is the psychodynamic theory. The ground for taking the psychodymic theory is that it emphasises back uping the self-importance which is a world component of the head hence supplying stableness and equilibrium to the service user. Through utilizing this attack, the societal worker will be able to back up Ken and Mark to develop equal self-importance strength which will enable so to pull off their emotional struggles and the snags that they may come across in the life span ( Goldstein: 1984 ) . It is noteworthy that both Mark and Ken do hold unresolved issues or struggles which do have roots from their single childhoods. For that ground, the societal worker will research Ken and Mark s witting and unconscious parts of the heads at that place by doing any reserved painful stuffs therein witting hence gaining their impact on their surface behavior ( Bee and Boyd, 2006 ) . By concentrating on Mark and Ken s yesteryear and present unconscious and witting feelings, the societal worker may to be able to foretell and explicate how Mark and Ken may act during certain state of affairss or conditions. This is underpinned by the psychodynamic rule that all behavior is motivated ( Bee and Boyd, 2006 ) . Due to the emotional issues already identified, the societal worker may research the how both Mark and Ken s egos map and their defense mechanism mechanisms. Through respecting and working with their defense mechanisms, the societal worker is ought to recognize the menaces that both Mark and Ken face in life and he will discourse the effects and confusion of their feelings. The societal worker would besides happen out how both Mark and Ken have already tried to decide the struggles before make up ones minding either to look for other possible ways of covering with it for illustration utilizing sublimation or to modify the ways that they have already tried to utilize ( Hollis, 1972 ) . In respect to anti-discriminatory and anti-oppressive pattern, it is helpful to give the appraisal within the model or position of recognizing the deduction of structural and persons oppressive pattern which leads professionals into an autocratic and stiffly prejudiced pattern ( Davis, ed. , 2000:12,14 cited in Becket A ; Maynard: 2005 p.158 ) . This implies that during appraisal, professionals are ought to listen and besides regard and take into consideration the service user s and carer s positions, picks, age, civilization, faith and needs as this makes them experience valued and respected ( Brandon, 1990: p.59 cited in Becket A ; Maynard, 2005: p.158 ) . Additionally, Payne ( 1997: p.89 ) advises that in professional relationship, societal work values involve being tolerant to service users behavior, advancing healthy client-social worker relationship, instead than personal emotional responses to serve user s demands. This may intend that professionals are ought to make professional alternatively of personal relationships with the service users which might negatively impact their independency and nonpartisanship. Advantages of the psychodynamic theory The advantage of the psychodynamic theory in societal work is that it recognises the impact of past painful life transactional procedures and helps to make good intuitions about them in relation to the current discernible behavior ( Milner A ; OByrne 2009 ) . The psychodynamic theory besides lays accent on modifying the self-importance through originating good client-social worker relationship ( Goldstein: 1984 ) , therefore bettering people s relationships within their environment ( Payne 1997:80 ) . The disadvantages of the psychodynamic theory. However, critics of the psychodynamic theory such as Dorfman ( 1998: P.70 ) contend that it is an andocentric theory. This implies that the psychodynamic theory is based on research that was done entirely on males and so taken to intend all human behavior which itself is a prejudice in favor of males and therefore partial. Similarity and differences btn the psycho and eco theory. One of the similarities between the psychodynamic and the ecological theory is that both of them consider age and phase rightness of behavior. While the psychodynamic theory takes into history the anal, unwritten and phallic phases of development, the ecological- transactional position positions child development as a progressive sequence of age and phase -appropriate undertakings in which success at each developmental degree must organize and incorporate with the environment and other issues such as emotion ordinance, and formation of attachment relationships among others that emerge across the lifetime ( Cicchetti and Valentiono 2006 p.143 ) . Although these two theories do hold the above similarity, they besides have differences. For illustration, while the psychodynamic theory upholds the construct of the being of the unconscious head or consciousness ( Payne 1997 ) , the ecological position focal points on the rule of interaction among the persons and it besides depicts persons as bing in relation to others in the ecology ( Reder and Duncan 1999 p.98-101 ) . In relation to child maltreatment, Sidebotham et Al ( 2002 ) argue that the psychodynamic theoretical accounts are lacking to give account in this respect and he calls for the usage of the ecological theoretical accounts because they include a figure of issues such as fiscal security, stuff benefits, lodging, and parents history among others which do have effects on the hazard of kid maltreatment. Decision Given the complexness of the Banks household phenomena, the quest to explicate the behavior, predict the results and explicate the hypothesis requires one to utilize theories otherwise ; the appraisal would be adrift and woolly. Therefore, this essay has used the psychodynamic and the ecological theory to discourse how an appraisal would be done to back up the Banks household. It has explored the ethical rule of anti-discriminatory and oppressive pattern. It has besides discussed the advantages and disadvantages of each of them before placing the similarity and the difference between them and it has given the complicity of human life, all theories work in a complimentary manner to give societal workers an eclectic apprehension of issues in the phenomena with one theory assisting to explicate certain issues more clearly than the other. And in instance of kid ill-treatment, the ecological theoretical accounts has been has had an advantage over the psychodynamic theory because it has ho listically encompassed figure of issues such as fiscal security, stuff benefits, lodging, parents history among others which do have effects on the hazard of kid maltreatment.
Sunday, October 20, 2019
Obvious Marketing Moves I was Totally Missing on LinkedIn and Mobile!
Obvious Marketing Moves I was Totally Missing on LinkedIn and Mobile! Squeeze Pack Solutions While eating out of a nut butter squeeze pack a few weeks ago, I reached the point where I could not squeeze out any more- but I knew there was still plenty of almond butter stuck to the inside walls of the package. It didnââ¬â¢t take me long to figure out that I could cut the package open to extract the remaining goo. It was messy, but it worked. Shortly thereafter, I reached the end of a toothpaste tube and thought, ââ¬Å"I wonder if thereââ¬â¢s toothpaste stuck to the insides of this packaging too?â⬠I cut open the tube and retrieved three brushings worth of paste. It took me whatâ⬠¦ 40 years? to even notice this problem. The solution was easy. Blinding Flashes of the Obvious We all have moments where something happens, or someone makes a suggestion to us, and a light bulb goes off. Wow! That makes total sense! How did I not think of that? It was right in front of my face. How have I not done that already? My ActionCOACH coaches call these sudden revelations ââ¬Å"Blinding Flashes of the Obvious.â⬠When one of these ideas arises, I am surprised by it because I probably knew somewhere deep inside that I needed to do this thing, but it hadnââ¬â¢t risen to the surface as a priority. After an initial, ââ¬Å"What have I been thinking?!â⬠I get into action. This past week, I attended The National Resume Writersââ¬â¢ Association annual conference, where I garnered several ââ¬Å"blinding flashes of the obviousâ⬠from conversations I had with my colleagues. Here are my top two: 1. Create more than one LinkedIn profile Experience entry for my ââ¬Å"jobâ⬠at The Essay Expert. Youââ¬â¢d think that as a LinkedIn expert I would have maximized my LinkedIn SEO already. I tell other people all the time that if they held more than one position at a company, they should create more than one entry in order to include more keywords. But was I following this advice myself? Nope. I was like the proverbial overweight, cigarette-smoking doctor. Yikes. At The NRWA conference, a fellow resume writer showed me her LinkedIn profile to ask my opinion. She had eight (eight!!) entries for her current business, and she had stuffed keywords into every one. While I did not recommend that she use this tactic, and while I believe that ââ¬Å"keyword stuffingâ⬠can backfire, I realized that with only one entry for my role in my business, I was missing out on a big opportunity to put more keywords into my own LinkedIn profile. As of Sunday night, I have created separate sections in my profile for my position as an Executive Resume Writer, Executive LinkedIn Profile Writer, and College Admissions Essay Consultant. I am in disbelief that for the past eight years, I had been cramming all these roles into one LinkedIn Experience entry. I am curious to see what happens with my profile views and inquiries for business now that I have followed my own advice! 2. Get texting capabilities to and from my business phone line. For at least two years, texting has been the most popular form of communication used in this country. It would seem obvious that people would want to send texts to my business number. In fact, Iââ¬â¢m sure many people have sent texts to my business number, thinking they were reaching me. Until yesterday, those texts were going directly to nowhere. Not only that, but when I wanted to send a text to a client, I had to do it through my personal cell phone. I did not like texting clients because then they would call me on my personal cell phone number, and I much prefer to keep that number, well, personal. I was avoiding texting because of this issue, despite the fact that my clients probably would have loved to text me. Was I thinking of the most obvious solution to this problem? No. I was not prioritizing the issue, despite the fact that 95% of texts are read within 3 minutes, while only 12% of emails are opened. Enabling text was a no-brainer, and I apparently had no brain. It took me until last weekââ¬â¢s conference, at the suggestion of my brilliant colleague Robin Schlinger, to bite the bullet and enable texting capabilities on my business line. She mentioned that several executive clients had texted her with inquiries for her services, and that was enough to convince me to get on the texting bandwagon! Now clients will be able to reach out to me via their preferred mode of communication, whether that is phone, email, or â⬠¦ text!! And I can easily send texts without revealing my personal number. On a related note, I needed a better way to make calls from my cell phone that appeared to be coming from my business number. Purchasing texting capabilities led me to download the eVoice app, which solved that problem too. I had been wanting that kind of solution for years- getting the app was another blinding flash of the obvious! In order to have the types of revelations Iââ¬â¢ve been describing, we have to be paying attention, listening for good ideas (they could appear at any moment), and willing to take new action. Are you ready? Are there nagging problems in your life that you have been ignoring, not even giving them the time of day? Maybe they are more important than you think, and easier to fix than you think. I challenge you to have a ââ¬Å"blinding flash of the obviousâ⬠this week, and share below what it is!
Saturday, October 19, 2019
Arts Criticism and Cultural & Historical Perspectives on-line Assignment
Arts Criticism and Cultural & Historical Perspectives on-line explorations - Assignment Example Time remains valuable to the human race, and when it passes when one has not accomplished set goals it causes regret or sadness (Heilbrunn Timeline of Art History). Fireflies Over the Uji River by Moonlight is an 18th century painting by Suzuki Shonen based on Japanese culture. The painting signifies a secluded place or a dark neighbourhood that appears threatening for a passer-by. In essence, this Japanese painting basis its theme on the life of a Buddhist who lives in an isolated location such that a passer-by cannot hear music coming from area because of the night rain (Heilbrunn Timeline of Art History). The big idea from the painting invokes a murky situation that leads to feelings of somberness. The heavy rain and mist shows an environment of darkness and dullness (Heilbrunn Timeline of Art History). The General View of the Burial Chamber of Neferkhewet before the Commencement of Clearing represents the 20th century painting of Harry Burton. This Egyptian work shows the tomb of Neferkhewet and family that was found in 1935. The tomb appeared tattered, crumbled and collapsed in many areas leaving it exposed (Heilbrunn Timeline of Art History). The big idea from the painting reflects dumbness and somberness in how the tomb appears ruined. The image shows that the dampness led to the breakdown of most of the organic matter in the tomb. In this way, it leaves a feeling of dullness and grimness for the destruction of human remains that should be protected (Heilbrunn Timeline of Art History). This visual arts website provides information on the history of transportation from ancient to modern day machines. The site offers important timeline information from 3500 BC wheels on carts were the main source of transport and later years of horses, wheelbarrows and hot air balloons. The 18th century saw the first road vehicle, 19th century cable car, and 20th century airplanes as well as
Friday, October 18, 2019
Fair trade provides no significant benefits. To what extent do you Essay - 1
Fair trade provides no significant benefits. To what extent do you agree - Essay Example Fair trade is a social movement that aims at helping developing countries to achieve better conditions when trading with others, as well as achieve those goals that promote sustainability within their borders. In this movement, the main aim is to create an advocacy movement that seeks to impose higher prices amongst exporters, as well as ensure that the social and environmental standards are satisfied (Kadey 2005: 1). Dragusanu, Giovannucci and Nunn (2014a: 6-7) note that the settings of the fair trade commissions in the past aimed at dealing with five main attributes that would promote fair trade. The first one is pricing which aim at guarantee a minimum price for all goods in addition to a fair trade premium on all products sold. The prices and the premiums will be set separately, but with the producer in mind. The second is the aspect of the workers who must be free to associate with others, have safe working conditions, and wages that befit their legal minimum stated in the policies present. Regional balances will be drawn to ensure uniformity across a particular region. The third is the institutional structure where farmers need to create cooperatives that will make decisions democratically and transparently to effectively export products and administer premium aid. The premiums paid to the cooperatives will be accounted for by the administrators. The fourth attribute deals with the environm ent where harmful chemicals to the environment will be prohibited. This is to safeguard the environment and ensure good environmental practices remain etched into the farming management practices always. The last attribute deals with stability and access to credit where buyers may agree on long-term contracts and provide financial aid to promote producers when requested. In most cases, the people are aware of the impact that better trading options have on
Human resources - Feedback Research Paper Example | Topics and Well Written Essays - 1000 words
Human resources - Feedback - Research Paper Example However, the team members may not all be saints, but it is noteworthy that every team member feels respected in order to establish a conducive work environment for all (Deforest, Largent, & Steinberg, 2005). In this regard, the objective of this report will be to facilitate positive feedback from Drew without creating any negative feelings and ensuring that he sees the effects of his behavior to the other team members. This will be through investigation in to the matter as a payroll manager without victimizing any employee before arriving at any concrete decision. Further, the report will provide a basis for creating articulated feedback in which communication of the managerial expectations shall be appropriate. The information gathering process Ideally, obtaining of feedback is a delicate process in which oneââ¬â¢s intentions may become ill intentioned to those who may not understand the purpose. In this regard, the information gathering becomes the tricky aspect in the complete feedback process. Essentially, it will be appropriate to start with the employees before engaging Drew in the process. For instance, calling the team members during separate times of the working day will be effective in acquiring the information required. This should be in utter discretion and information by the team members within the department should be discrete in order to avoid victimization and animosity. In essence, Drew might develop a disliking attitude if they become aware that a certain employee portrayed him in poor taste. According to Deforest, Largent and Steinberg (2005), communicating with Drew will be the last step in the process in that consideration, assertiveness, and behavior control are some of the traits that need to emerge during the communication process with Drew. As a build up, clarity in the purpose of the meeting is a key aspect in which Drew needs to be well aware of in that he should understand that the meeting is not an attack on him. The purpose of t he meeting becomes to try changing his behavior to create a friendly work environment. Applying the feedback principles and the legal implications involved An appropriate venue where the conversation will take place is also a factor that needs considering. For instance, the meeting should be within the confines of the company in order to portray the problem as a serious work related issue. The information gathering starts immediately after complain arrives to the attention of the manager. The conversation should ensure that it maintains eye contact with a firm tonal voice (Deforest, Largent, & Steinberg, 2005). Empathy or sympathy should not reflect at any time, as this will be a sign that the issue is not as heavy as it should be. In addition, the posture during the communication should be upright to ensure that Drew does not look aware because of drifting from the conversation. The shoulder level should be of the same level to influence concentration and immediate response. During the meeting, active listening and not being judgmental when it is Drewââ¬â¢s turn to speak will be essential in the facilitation of an appropriate response to the changing of the behavior. Absence of attention during the conversation will prevent Drew from sharing the reasons why he behaves that way; hence, it will be impossible to help him change his behavior. In addition, avoiding of assumption of intent during the feedback process is vital, and facts should
Discussion Questions Coursework Example | Topics and Well Written Essays - 500 words - 9
Discussion Questions - Coursework Example In practice, this could be used by introducing barriers, gates and out of bounds limitations so as to control traffic. Such move and an organisation would prevent the criminals who may have a getaway vehicle from being concealed within the premises of the building. In the same breadth and line of thought, the clearly defined exits seal all the prospective loopholes where the criminals may slip and run away from the buildings and places of target. In rhetoric sense and aspect, one ought to ask the questions: is it possible for a person to enter or leave the place without being accounted for or being noticed? Are there other entry/exit places such as rooftops? It is my reasoned view and humble submission that I would educate other people by putting signs and posts in big connotations on the benefits of security in the place. For instance, help them develop behavioral patterns such that if they see a stranger they ought to report them to the security office. In the concept and aspect of natural surveillance, criminals tend to operate in an environment where they are less visible and anonymous. Thus, surveillance refers to the aspect and instance where the place or location is visible and closely monitored by designate officials at all times. In the conventional and common wisdom, there are two approaches and perspectives to accomplish these. To begin with, there is the aspect of having well defined sight lines which are manned and controlled by video and CCTV cameras. Secondly, there is the notion of articulating social interactions and cohesion where each person assumes the role and duty of surveying and maintaining security. This is critical so as to ensure that all people or all the activities that would be happening at the place would be accounted for and be seen by all the others without hustles. The social interactions on their part ensures that there are security
Thursday, October 17, 2019
Select 3 artworks designed by 3 graphic artists of your choice Essay
Select 3 artworks designed by 3 graphic artists of your choice. Following an extensive research on the elements and principles - Essay Example The message in it is feeling good. Although there is a sense of humor in the design of this work, this has not overridden the sense of seriousness in it because his sincere thoughtfulness and intimate approach elevate his design. Evidently, the graphic designer has managed to achieve a commendable presentation of the elements and principles of art in this piece of work. The color selection and distribution has been wisely done and this has created a good tonal contrast, enhanced harmony in the artwork and helped to mark out the shapes of the various components of the artwork more clearly. There is a good contrast between the various components of the art like the acacia trees, the shrubs, the Good design and the sky. Texture and shape are well brought out in the artwork using shapes, color and lines. A single look at artwork is enough to reveal that the acacia leaves are smooth but they have sharp thorns and the branches of the shrubs are sharp and prickly. The artist has managed to stimulate the ââ¬Ëfeel good moodââ¬â¢ through a strategic positioning of the Good design, using color contrast and shape to emphasize on it and the use of the bright color tones around it. The tactful tilting of G and d is powerful enough to provoke limitless feeling of happiness in the viewers of the artwork. There is a good use of space and representation of distance through a careful selection of color shades, use of light and size of objects. For example, bigger and light objects represent the nearest distance while the furthest part of the sky is represented by the dark blue color. Generally, the artwork is of a good scale, it is well balanced and all the components are proportional. No component is too big or small for its location and neither is one-half of the artwork more overloaded than the other one. This work is both directional and emphatic. wiu.edu (1) defines direction as the visual path the viewerââ¬â¢s eye will follow. Direction has been created using color and observers can easily assume their standing point behind the dark leaves and focus towards the artworkââ¬â¢s focal point, the Good design. By paying attention to the smaller details of this work, Sagmeister managed to come up with a piece of graphic art that offers something new every time one looks at it. Bobby Logic Bobby Logic is one graphic artist who strongly believes that artwork is a mood shifter and awakens the inner soul of man. This is clearly evidenced by the artistââ¬â¢s pieces of work including the Sancta Margot, a piecework he produced in 2011. Seemingly, the intention of this art is to enlighten the hearts and minds of those who see it by generating a dramatic mood. The artist has achieved this very well. The selection of bright colors, especially for the Sancta Margot and the bubbles is powerful enough to electrify the mind of the viewers and bring radiant beauty, making life colorful and vibrant. The artist also deserves credit for his careful use of line to enhance the mood of the artwork. The soft sensitive lines of the face and arms were effective in creating a graceful image, which is powerful enough to generate emotional attachment unlike when he could have used a heavy gesture line or mechanical lines. The representation of the bubbles as round, bright and smooth is helpful in drawing the viewers of this artwork into a solemn moment of reflecting on the good and pleasurable side of life. The careful use of lines and color has also helped to enhance shape, tonal
Uk Company Law Directors Duties Essay Example | Topics and Well Written Essays - 2500 words
Uk Company Law Directors Duties - Essay Example Directors should primarily implement their duties in an ethical manner towards profit maximization, balanced against the requirement for corporate survival and to have consideration for the broader stakeholders of the company. In Re D Jan of London Ltd , it was observed that the duty of care which is to be demonstrated by a director of a company under common law is now enshrined in s.214 (4) of the Insolvency Act 2006. Under s.212 of the Insolvency Act 1986, the liquidator sued the erstwhile director Dââ¬â¢ Jan for breach and negligence of duty. In this case , the director Dââ¬â¢ Jan signed an insurance policy as the task of filling up and checking up the application had been entrusted with an insurance broker. The fact that Dââ¬â¢ Jan had been a director in a company which went to liquidation earlier had not been disclosed in the application and due to which , the fire claim made by the company was rejected by the insurance company. In this case , Hoffmann L J found Dââ¬â¢ Jan in breach of his duty of care as he failed to go through the filled-in form and hence , he acted negligently . In Bairstow v Queens Moat House Plc , Nelson J found the four erstwhile directors of the defendant company liable for over à £26 million as regards to earlier dividends authorised by them. Nelson J observed the following in this case; A director who had given his permission for the defrayment of illegal dividend in violation of his duty and as a quasi trustee , he would be accountable to return such unlawful dividends paid back to the company as he knew that the dividends so paid were not legally authorised whether or not that authentic knowledge tantamount to fraud; If he is already aware of the information about the improperness of such dividend payments despite the fact that he was not aware that such improperness made the payment illegal. If he ought to have taken in all the background to have familiarity to the whole of the background which made the payments not legal; If he ought to have been well-known, as diligent and logically capable director that dividend payments were not legal6. In Overend and Gurney Co v Gibb and Gibb7, in exercise of the power authorised under the companyââ¬â¢s Memorandum and Articles of Association of the company, the directors decided to purchase a money dealing and bill broki ng business. Later, this investment was found to be disastrous for the company. House of Lords were of the opinion though the directors
Wednesday, October 16, 2019
Select 3 artworks designed by 3 graphic artists of your choice Essay
Select 3 artworks designed by 3 graphic artists of your choice. Following an extensive research on the elements and principles - Essay Example The message in it is feeling good. Although there is a sense of humor in the design of this work, this has not overridden the sense of seriousness in it because his sincere thoughtfulness and intimate approach elevate his design. Evidently, the graphic designer has managed to achieve a commendable presentation of the elements and principles of art in this piece of work. The color selection and distribution has been wisely done and this has created a good tonal contrast, enhanced harmony in the artwork and helped to mark out the shapes of the various components of the artwork more clearly. There is a good contrast between the various components of the art like the acacia trees, the shrubs, the Good design and the sky. Texture and shape are well brought out in the artwork using shapes, color and lines. A single look at artwork is enough to reveal that the acacia leaves are smooth but they have sharp thorns and the branches of the shrubs are sharp and prickly. The artist has managed to stimulate the ââ¬Ëfeel good moodââ¬â¢ through a strategic positioning of the Good design, using color contrast and shape to emphasize on it and the use of the bright color tones around it. The tactful tilting of G and d is powerful enough to provoke limitless feeling of happiness in the viewers of the artwork. There is a good use of space and representation of distance through a careful selection of color shades, use of light and size of objects. For example, bigger and light objects represent the nearest distance while the furthest part of the sky is represented by the dark blue color. Generally, the artwork is of a good scale, it is well balanced and all the components are proportional. No component is too big or small for its location and neither is one-half of the artwork more overloaded than the other one. This work is both directional and emphatic. wiu.edu (1) defines direction as the visual path the viewerââ¬â¢s eye will follow. Direction has been created using color and observers can easily assume their standing point behind the dark leaves and focus towards the artworkââ¬â¢s focal point, the Good design. By paying attention to the smaller details of this work, Sagmeister managed to come up with a piece of graphic art that offers something new every time one looks at it. Bobby Logic Bobby Logic is one graphic artist who strongly believes that artwork is a mood shifter and awakens the inner soul of man. This is clearly evidenced by the artistââ¬â¢s pieces of work including the Sancta Margot, a piecework he produced in 2011. Seemingly, the intention of this art is to enlighten the hearts and minds of those who see it by generating a dramatic mood. The artist has achieved this very well. The selection of bright colors, especially for the Sancta Margot and the bubbles is powerful enough to electrify the mind of the viewers and bring radiant beauty, making life colorful and vibrant. The artist also deserves credit for his careful use of line to enhance the mood of the artwork. The soft sensitive lines of the face and arms were effective in creating a graceful image, which is powerful enough to generate emotional attachment unlike when he could have used a heavy gesture line or mechanical lines. The representation of the bubbles as round, bright and smooth is helpful in drawing the viewers of this artwork into a solemn moment of reflecting on the good and pleasurable side of life. The careful use of lines and color has also helped to enhance shape, tonal
Tuesday, October 15, 2019
Intro to Decision Making Essay Example | Topics and Well Written Essays - 750 words
Intro to Decision Making - Essay Example The methods that the Society employs are expansive. ââ¬Å"Such methods include models for decision-making under conditions of uncertainty or multiple objectives; techniques of risk analysis and risk assessment; experimental and descriptive studies of decision-making behavior.â⬠They also include, ââ¬Å"economic analysis of competitive and strategic decisions; techniques for facilitating decision-making by groups; and computer modeling software and expert systems for decision support (Decision Analysis Society, 2009, pg. 1). These products and services will help other decision makers impact how decisions are framed. This is evident in the type of consumers who use their products. They include ââ¬Å"practitioners, educators, and researchers with backgrounds in engineering, business, economics, statistics, psychology, and other social and applied sciencesâ⬠(Decision Analysis Society, 2009, pg. 1). In his decision frame, he mainly considered the costs, benefits, and risks in the rational category and the rank, power status; individual/team self-interest; internal competition, turf wars; incentives, rewards, and sanctions in the politics column (Strategic Business Partners, 2009). The factors that Ron did not considerââ¬âat least no to the degree that he considered the other factors were instinct and tuition, emotion, symbols, metaphor, and creativity from the non-rational column and values and beliefs, ideology and ethics, organization identity, and culture/shared myths from the culture category. Any of these factors could have caused Ron to come to a different decision. It appears, at an overall glance, that his main motivation was money: How much is this going to cost me and what monetary gains will I get out of it in return? ââ¬Å"Decision framing is based chiefly on subjective expert judgment. Experts provide their own beliefs in the form of their answers, which can be biased. There are many forms of biases: cultural, organizational, motivational, cognitive,
Monday, October 14, 2019
Comparing US and Indias Abortion Laws
Comparing US and Indias Abortion Laws A REFLECTION OF AMERICAN JURISPRUDENCE ON THE INDIAN MILIEU OF LIBERALISED ABORTION POLICIES Abortion laws originated in the United Kingdom as early as 1803, but the credit of revolutionizing abortion laws and recognizing the inherent, perhaps inextricable right and liberty of women over their bodies can only be given to the United Statesââ¬âmore specifically to the American Judiciary. From as early as Roe v. Wade, the American Judiciary has been reiterating womens rights as constitutional persons to terminate her pregnancy in the earlier stages and thereafter the State being given a role to play; hence making abortion legal for the first time in the Unites States in 1973. Even though senators and other policy-makers in several, if not all, states of the United States have tried to whittle down the basic premise of Roe v. Wade, it had been emphatically upheld in subsequent cases. After more than thirty years of taking firm root of the pro-abortion movement in the West, anti-abortion groups have again taken a radical stand by trying to control abortions through the introd uction of the Unborn Child Pain Awareness Bill of 2005(commonly known as Fetal Pain Legislation) and as many as twenty-three states in the USA have passed it to be an Act, which would require that abortionists disclose to women the reality that killing an unborn baby by abortion causes pain to the child. It would also require that women who were pregnant for more than twenty weeks would be given the choice of adopting anesthesia for their fetuses. Interestingly this move by the legislatures was said to find its basis on the judgments in Gonzales v. Carhart whereby the Supreme Court had held that the federal legislation banning partial-birth abortion was constitutional on its face. The issue of fetal pain arose amidst the partial-birth abortion debate. Supporters of the federal legislation argued that partial-birth abortion was excruciatingly painful for the fetus and that banning this abortion procedure would further the States legitimate interest in protecting the unborn child. Opp onents of the federal ban argued that there was no conclusive scientific evidence to support the hypothesis that a fetus is even capable of feeling pain. As a result of this partial-birth abortion controversy, legislations aimed at acknowledging and assuaging fetal pain during abortion came into being. In India, the debate on abortion laws as embodied in the Medical Termination of Pregnancy Act, 1971 has been swirling since the Bombay High Courts decision in Dr. Nikhil Dattar Ors. v. Union of India, whereby the Court going by a strict interpretation of the provisions in the Statute, refused to give a lady pregnant with a malformed fetus to abort since she was already in her twenty-fourth week of pregnancy as mandated by the Statute. Since then there have been urgent calls to amend the Statute as long-standing critiques of the policy were brought to the fore-front again. It has become critical at this juncture to look at the development of abortion law and policies in the West, part icularly in the United States, to gauge where India stands at this moment and whether, if at all, India should be inspired from the western counterpoint or take caution from the developments therein to better further its own interests in striking the perfect balance between liberty, autonomy and freedom of the individual versus the States right to interfere. I. INTRODUCTION The issue of abortion presents itself to the modern sensibility and understanding as a perplexing cocktail of moral, spiritual and legal questions. Indeed, the problem of regulating abortion is inherently an exercise in seeking out the equilibrium between an ever-increasing degree of medical empiricism that time and technology continually bring into the fluid domains of moral, religious and legal normativeness. Some of the several facets of the question, by their very nature, would fail to turn up with any one answer under the scrutiny of any courtââ¬ânormative questions of when life truly begins, whose life is more valuable and the relative ââ¬Å"sanctityâ⬠of human life, potential and existing, are, as the courts themselves have recognized [1]ââ¬âcomplex considerations of such a personal nature that courts had better leave them off their consideration list and if absolutely required to deal with such questions, then exercise the highest possible degree of sensitivity in dealing with them. The application of lenses as varied as the feminist, the medical, the bioethical and moral, the religious[2] and the legal (and more specifically constitutional) yield many resultant views to the issue. Any lasting resolution, legal or otherwise, then must come from a nuanced, holistic view of the multiple facets of the problem. Indeed, the founding notions of the larger abortion debate, personhood, bodily integrity and autonomy, and the relative significance of rights (individual, fetal and of the putative father) and their holders, are issues of interdisciplinary concern. On the central issue of personhood, for instance, which has found resonance in the Courts specifically in context of the fetal status, it has been remarked that the law and indeed society ignores the personhood of the woman[3], who in that regard at least should have been granted full and unquestioned constitutional standing at par with other women and men. Conversely, when the question of fetal personhood is detached from a moral or spiritual context and is viewed under the medical and bioethical lens in measurable and empirical terms, it is defeated.[4] While the debate rages on with passionate voices and legitimate concerns on either side of the divide, and the groundswell of reason and rhetoric shows no sign of ebbing, it has been recognized that the entire compass of the debate boils down to only the lesser of two difficult tragedies[5]. In this article we shall seek to address the extensive analysis and documentation of the evolution of the abortion jurisprudence as has evolved in the United States of America and then compare as to where India with its fledgling abortion laws stands in perspective. Above all, however, even as we take reader through the rhetoric as it deepens into more and more specific concerns, such as those dealt with in the latter part of this article, the exercise brings home the sobering realization that the law, as a tool, can take us only so far in settling the fundamentals of and the issues surrounding the abortion debate[6]. II. ABORTION: THE PAST AND THE PRESENT A. THE PRE-ROE LANDSCAPE Attitudes towards abortion in the ancient world were, in the whole, accepting of abortion, with few qualms about its practice. Ancient religion placed no bar on abortion and fetal rights were largely unrecognized.[7] Interestingly, however, one of the basic requirements of the Hippocratic Oaths is a categorical one to refrain from the practice of abortion in any form.[8] Early common law, influenced as it was by the philosophic and theological debates of its own of when the fetus was to be considered ââ¬Å"aliveâ⬠, recognized abortion as a crime only after ââ¬Å"quickeningâ⬠, that is the point in time at which the fetus becomes capable of discernable and independent movement in utero.[9] This was usually considered to occur between the time frame of 16 and 18 weeks into pregnancy, although no entirely empirical basis for this was offered. When England adopted its first legislation in 1803ââ¬âLord Ellenboroughs Act[10]ââ¬âas it was known, it retained the notion of ââ¬Å"quickeningâ⬠; using it to mark the distinction between a simple felony, before the incidence of quickening and a capital offence once the fetus is quick. Compare this with the scenario eighteen years after the passage of Ellenboroughs Act. Across the Atlantic in 1821, the US state of Connecticut became the first to adopt an abortion legislation which read much like Ellenboroughs Act. Meanwhile, the state of New York in 1828 passed laws recognizing abortion as an offence (which were to become the prototypical model for early legislation across the United States), albeit of different degrees, both before and after quickening. Further, it recognized and included ââ¬Å"therapeutic abortionâ⬠as valid and excusable, thereby guaranteeing some safety measures to expectant mothers in cases where their physicians had reason to believe the mothers own life was at risk.[11] Within the span of a hundred years, however, by the middle of the 20th century, the majority of US States had enacted a complete ban on abortion, save for cases in which the mothers life was at risk. The notion of quickening, a pervasive concept forming the fundamental basis for abortion laws in the not very distant past, came to vanish entirely from the rulebook. In the 1960s and 70s, many US States were beginning to adopt some version or variation of the American Law Institutes Model Penal Code[12], (hereinafter referred to the A.L.I. Model) in which the abortion laws were decisively less stringent than before. In a very broad sense and in only very small measure, womens right to abortion began to reclaim some of its early efficacy. The laws, however, despite their new form, allowed far less opportunity to procure a medical termination of pregnancy than in the past. It was only in 1967 that Colorado became the first state to legalize abortion. [13] This movement towards the A.L.I. Model and more liberalized laws in general was, it must be noted, however, a growing but not universal trend of the time. The State of Texas, which enacted its first abortion legislation in 1840[14], was among the majority which made no movement toward liberalizing their abortion laws. Laws banning abortion, except in the case of tangible risks to the mother, remai ned in place in the majority of US States. Thus before even the rise of an opportunity for a stand-off between the legislature and the judiciary as we shall see in the forthcoming part, there were slow and decisive vacillations in abortion laws which sometimes favored the pro-choice and sometimes favored the pro-life with varying degrees over time. B. ROE v. WADE: THE CONTEXT, CRITICISMS, CONCLUSIONS AND CONSEQUENT DECISIONS Against the backcloth elucidated above, it might be pertinent to look into the landmark judgment and decision of Roe v. Wade.[15](Hereinafter referred to as Roe) Herein an unmarried, pregnant woman, under the pseudonym of Jane Roe, instituted a federal action ââ¬Å"on behalf of herself and all other womenâ⬠in the March of the year 1970 against the District Attorney of Dallas County, Texas, where she resided, challenging the very constitutionality of the Texas Criminal Abortion Laws. She stated her intent to procure a ââ¬Ëlegal abortion ââ¬Å"performed by a competent, licensed physician, under safe, clinical conditionsâ⬠[16] and that she would not be able to travel to a jurisdiction which would allow her to obtain an abortion of the aforementioned nature. The case came in federal appeal to the Supreme Court of the United States in December 1971, and on the 22nd of January 1973, the Courts historic seven-two judgement was enunciated by Justice Blackmun. This decision ha s since then taken the shape of a veritable cornerstone in any commentary of the protracted history of abortion debates in the United States. Justice Blackmun gave on behalf of the majority the Courts opinion.[17] The Court recognized, following the decision in Griswold v. Connecticut[18], that a general right to privacy exists, although nowhere explicitly stated, in the US Constitution, and that it is protected by the Fourteenth Amendments Due Process Clause. It read the said right as a ââ¬Å"fundamentalâ⬠one, being ââ¬Å"broad enoughâ⬠to cover a womans right to choose whether or not to abort, and only subject to government regulation in the face of some ââ¬Å"compellingâ⬠interest of the state ( both the life of the mother and the ââ¬Å"potential lifeâ⬠of the fetus were recognized as ââ¬Å"legitimateâ⬠interests). The Court held that State interference in pregnancy is justifiable in the second trimester only to protect maternal health, since at this point; the risks of abortion are greater than those associated with childbirth itself. However, it is only once fetal viability is reached th at the State is granted a ââ¬Å"compellingâ⬠interest. At this stage, the complete prohibition of abortion, other than in cases of risk to the expectant mothers health or life, is permissible. The dissenting opinion, given by Justice Rehnquist, however lays down certain criticisms of the judgement. Firstly, that the Court went too far in formulating and applying constitutional rules in terms which were significantly broader than the precise facts of the case warranted. Secondly, the application of the right to privacy in this case was seen as difficult to justify and thirdly, he conceded the applicability of the Fourteenth Amendments Due Process clause to legislations such as the one at hand but goes on to find troubling the Courts ââ¬Å"sweeping invalidationâ⬠of restrictions in the first trimester. Further, he stated that the Court had perhaps taken its task too far, leaving the boundaries of judicial judgement and entering onto legislative turf. The resolution of this and other cases by no means signalled the end of the pro-choice journey. As recognized by the courts, safe abortions remain a function of such considerations as race and income. The United States has seen violent attacks against abortion clinics and stigma remains a very real challenge. In spite of it being touted as a landmark judgement, Roe continues to attract criticism from all quarters. Drawing their main premises from the Rehnquist dissent, many, be it proponents or opponents of abortion alike, have questioned the sound basis of the judgement and the consequences of its overly broad and vague contentions[19]. The construction of the doctor-patient relationship and the rights and roles of the two parties (the woman seeking abortion and the medical practitioner) as depicted by the Court was also criticized. There have also been several attempts to overturn the Roe decision. In fact in about a decade leading up to 1992, the United States approached the Court as amicus curiae in five separate cases, to overrule Roe, but the judgment was resoundingly upheld in what would be touted as another landmark: the Planned Parenthood of Southeastern Pennsylvania v. Casey.[20](hereinafter referred to as Casey) The courts decision was given, in this case, by a triad of judges. This case is one among a very small group to hold that distinction. Justices OConnor, Kennedy and Souter, in their joint opinion, had the following to say: ââ¬Å"After considering the fundamental constitutional questions resolved by Roe, principles of institutional integrity, and the rule of stare decisis, we are led to conclude this: the essential holding of Roe v. Wade should be retained and once again reaffirmed.â⬠[21] Casey, as is evident from the above, upheld the fundamental grounds of the majority decision in Roe. It has even been said that the (joint) opinion has definitively and decidedly put all doubts about the ââ¬Å"basic constitutional question of abortionà ¢â¬ .[22]After Casey, the constitutional basis of the womans (qualified) right to abort was no longer negotiable, and no likelihood remained of the Court reconsidering or overturning Roe while, for example, in another, earlier case, the consideration of Roes constitutional merits were only left off for another day[23].It must be noted, however, that the judges in Casey made clear that they were by no means offering an unqualified affirmation of Roe. The Court denounced the prescriptive medical trimester system laid down in Roe and, in its place, enunciated the test of ââ¬Å"undue burdenâ⬠. Under this test, the State may justifiably place regulations on the procurement of abortion pre-viability as well, in furtherance of its interest in the life (or potential life) of the foetus, provided that the regulations imposed lay down no undue burden on the womans right to procure the abortion, if she so chooses. This right exists even in spite of the fact that the States interests we re deemed in Roe to become compelling only in the third, last trimester of pregnancy, when the court could prohibit abortion, other than when the womans life was in danger. The Courts holdings in Casey came in the context of Pennsylvanias state laws which required parental or spousal notification if a woman desired to procure an abortion. The provisions regarding the former were upheld on the grounds that that they did not impose an undue burden on the pregnant woman and her rights, while the latter was declared unconstitutional by the Court. The broad constitutional questions surrounding the abortion having been addressed in Roe and settled in Casey, more specific issues began to appear before the Courts. In Stenberg v. Carhart[24] (hereinafter referred to as Carhart I), at issue was a Nebraska state statute[25] criminalizing the performance of partial-birth abortions, a particular form of abortion in which the living fetus is delivered partially into the vagina, aborted and then delivery is completed. The statute afforded no exception for cases in which the womans life is at risk. Dr. Leroy Carhart, a medical doctor in the state of Nebraska who performed abortions, brought this suit contending that the provisions of the statute violate the US Federal Constitution. The case came in appeal before the Supreme Court. The Court, in its opinion delivered by Justice Breyer on the 28th of June, 2000, found that the statutes were unconstitutional firstly, because the requisite exception in respect of grave risks to maternal life was entirely absent and secondly, because, in its complete restriction of access to a particular method of abortion, the statute was seen to place an undue burden on the womans right to choose abortion itself. The breadth of the judgement spans a consideration of the various abortion methods available, partial birth abortion being only one among them, and the validity of the ban on partial birth abortion under the statute, referring, as the District Court before it had, to medical definition and policy of the American Medical Association. The judgement also contained a further restatement of the Courts as affirmation of the principles in Roe and Casey. The decision in Carhart I derives much of its value from the fact that the substance of the decision invalidated, for all intents and purposes, similar bans which were at the time in force in the majority of US States. But, subsequently, on the 5th of November, 2003 the United States Congress passed the Partial Birth Abortion Ban Act[26](hereinafter referred to as the Partial Birth Act) criminalizing the performance of partial birth abortions. In spite of the decision in Carhart I, this piece of legislation contained, as did the Nebraska statute which was the subject of the dispute, no exception for the health of the woman. It has also been noted that the language of the Partial Birth Act was very similar to the Nebraska statute[27]. The validity of the Partial Birth Act came up for question in yet another case brought to the courts by Dr. Carhart (and others) challenging its constitutional validity and seeking a permanent injunction against its enforcement, this decision we now call Carhart II[28]. In this instance, Carhart II on appeal from the Eighth Circuit Court and another case, also involving US Attorney General Gonzales and the question of the validity of the Partial Birth Act (such cases w ere referred to as ââ¬Å"facialâ⬠attacks or challenges to the statute)[29], with specific reference to the requirement of an exception for cases involving maternal health, Gonzales v. Planned Parenthood Federation Of America, Inc.[30], on appeal from the Ninth Circuit, were consolidated and heard by the Court. The case was closely fought, and the opinion deeply divided. With a majority of five as against four,[31] the judgement went in favour of Attorney General Gonzalesââ¬âthe Act was upheld. As in Carhart I, Justice Kennedy in his statement of the Courts opinion for the majority began with an exposition on the various methods of abortion. The plurality opinion in Casey in relation to State interest was resurrected, but Justice Kennedy made a clear distinction: the Act merely regulated one method of abortion. It placed restrictions on the procurement of abortion itself and, therefore: ââ¬Å"The law saves not a single fetus from destruction, for it targets only a method of performing abortion.â⬠[32]The specific statement of the validity of the Act was justified by Justice Kennedy. He held that the Act was ââ¬Å"not void for vagueness, does not impose an undue burden from any over breadth, and is not invalid on its face.â⬠[33] Justice Thomas and Justice Scalia concurred, and the former in his concurrence states, crucially, that: ââ¬Å"I write separately to reiterate my view that the Courts abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution.â⬠[34] Justice Ginsburg, with whom Justice Stevens, Justice Souter, and Justice Breyer joined, in an emphatic dissent was in her words ââ¬Å"alarmedâ⬠[35] by the Courts decision. She further recognised the weight of the precedent which, in upholding the Act, the Court was ignoring and could not find any fathomable justification for the same. Thirdly, she pointed out the Courts complete and unjustifiable terms, which showed no regard for or recognition ,express or implied, of the hitherto firmly entrenched notion of viability and the distinction and consequences of pre- and post-viability abortion decisions. Lastly, she expressed complete disagreement with what amounted to an absolute sanction of federal intervention and legislation contrary to a specialist bodys, the American College of Obstetricians and Gynaecologists (ACOG), professional view that such a procedure was in specific cases required and necessary. Notwithstanding Justice Ginsburgs specific premises of dissent, several others exist. One strong objection to Carhart II is this: Thirty four years after Justice Blackmuns decision in Roe, Justice Kennedys enunciation of the majority opinion in Carhart II marked a return of the Court to its initial stance on the relationship of the woman, vis-à -vis medical practitioners. The construction of the woman slid from casting her as the primary stakeholder and decision maker as regards termination of pregnancy, as explicitly established in Casey among several other decisions of the Court, to one in which the she acted as her doctor chose. It seems that Carhart II is, by its statements with respect to the womans status and their implications at least, a return to Myra Bradwell[36]-esque rhetoric and reasoning[37], where the womans status and function in society and societal interaction is reduced to a narrow definition, accounting for only her ability to procreate and her role in maternity and child rearing. Another (related) criticism also stems from Justice Kennedys statement as regards the consequences for the prospective mother upon the actual performance of a medical abortion: ââ¬Å"Severe depression and loss of esteem can follow.â⬠[38] No empirical foundation is offered for such an inference; indeed, doubts surrounding the very question of existence of a scientific basis are admitted: the absence of ââ¬Å"reliable data to measure the phenomenonâ⬠is explicitly conceded. Roe, since its passage three and a half decades ago, has been a touchstone in the evolution of the body of laws that governed medical termination of pregnancy. Its full scope was whittled down early in its existence, most visibly and explicitly in Casey. But, despite that, its basic premises, its spirit unambiguously prevailed in all of the US Supreme Courts deliberations and pronouncements on the subject. It is a foreseeable consequence, however, that, after Carhart II, movements, especially pro-life advocacy, and their founding impetus will grow in favor of overthrowing Roe or circumventing it, most likely through legislation, as is already beginning to emerge in several US states[39]. The question of whether the vast body of abortion jurisprudence in the United States Courts system will finally at all, let alone conclusively, amount to ââ¬Å"progressâ⬠in the field of gender rights and, more particularly, for the cause of female reproductive autonomy has, now, especially aft er Carhart II and Casey taken on a significantly diametric range of possible answers as compared to those that were presumed likely prior to the resolution of these cases. The precise answer is, at this juncture at least, only a product of time. II. FOETAL PAIN LEGISLATIONââ¬âCONTRACTION OF AUTONOMY FOR PREGNANT WOMEN ââ¬Å"The essence of civilization is this: The strong have a duty to protect the weak. We know that in a culture that does not protect the most dependent, the handicapped, the elderly, the unloved, or simply inconvenient become increasingly vulnerable.â⬠George W. Bush[40] A. A SHORT ANALYSIS OF THE PROVISIONS OF THE UNBORN CHILD PAIN AWARENESS ACT OF 2005 AND THE NEED FOR SUCH A LEGISLATION Though the then Governor Bush who would later become the President of the United States of America was not talking of abortion at all, he was perhaps echoing the sentiments of another President of a by-gone era: Ronald Reagan. The latter in an address had famously said that: ââ¬Å"Medical science doctors confirm that when the lives of the unborn are snuffed out, they often feel pain, pain that is long and agonizing.â⬠[41] With such lofty intentions in mind, to protect the vulnerable perhaps, the Fetal Pain Legislation was introduced in the Senate. The Unborn Child Pain Awareness Act of 2005(hereinafter referred to as the Act) was introduced by Senator Sam Brownback of Kansas in the US Senate on 24th January 2005; being Senate Bill no. 51.[42] This Act aims to punish physicians heavily should they fail to advise women of the potential for fetal pain after 20 weeks gestation.This is done by amending by adding a new chapter titled ââ¬Å"Title XXIXââ¬âUnborn Child Pain Awarenessâ⬠to the Public Health Service Act, first enacted in 1946. There has been a considerable furor over this particular provision in the Act as the medical fraternity is continuously making itself heard that at this stage of gestation, the fetus does not develop the necessary biological mechanism to feel pain as such. Case in point would be a wing of physicians, specialized in embryology and neuro-anatomy, who assert that pain fibers do not start penetrating the cortex before the fetus is 26 weeks old and the sensation of pain would not begin before the 29th week.[43] Nevertheless the Congress ignoring well proven ideas on the same issue, state in the Findings which are a part of the Act that at 20 weeks after fertilization, fetuses have the capability to feel pain and to make the ambit even widerââ¬âsince the concept of what the fetuses might be ââ¬Ëfeeling might not be ââ¬Ëpain at allââ¬âthe Congress in its Findings mentioned that such fetuses might show such stimuli as may be interpreted to show feelings of pain if observed in infants or adults.[44] The requirement of informed consent as laid down is Sec. 2902 of the Act provides for some very stringent and conformist ideas about intimating the pregnant woman regarding the consequences of her action. The provision states the abortion provider or an agent must provide to the pregnant lady with the information that after however many weeks her fetus is into gestation (provided it is more than 20 weeks), such fetus has the necessary physical structures present to feel pain and that such fetus shall feel pain irrespective of whether the pregnant lady has been given pain-averting drugs or general anesthesia. The pregnant lady is to be then given a brochure to be designed by the Department of Health and Human Services and also made to necessarily sign a decision form whereby her decision as to whether or not pain alleviating drugs shall be administered to the fetus directly are recorded for official purposes. This step-by-step method is not only to be compulsorily followed but the pro vision also mentions what the abortion provider or the agent must say in such situations in as many words.[45] The only exception provided to this is in case of Medical Emergencies and such situations which would fall under this exception have also been defined in the Act. As such Medical Emergencies are to mean such situations in the reasonable medical opinion of an abortion provider of imposing a ââ¬Å"serious risk of causing grave and irreversible physical health damage entailing substantial impairment of a major bodily functionâ⬠if abortion is delayed.[46] Penalties for not substantially following the mandates of these provisions have also been laid down in the Act itself and range from monetary fines to cancelling of licenses.[47] The Act also grants a private right of action to the woman on whom an abortion is performed in violation of the provisions of this Act or her legal guardians in case of an minor or unemancipated woman, to commence a civil action against such ab ortion provider who has acted recklessly or knowingly for actual and punitive damages.[48] If we were to adopt a simple assumption that given a choice between a procedure which would result in inflicting pain upon a fetus and another maybe more expensive procedure which might alleviate the pain a fetus may feel, most women would prefer the latter procedure. If that were to be true, then physicians would regularly administer pain relieving medicines to fetuses as a part of late term abortion procedures. However there is at present no such indication that it happens.[49] Doctors however have been found to routinely providing fetal pain relief drugs quite routinely while performing in-utero surgeries.[50]And here lies precisely the need for a fetal legislation. To explain more elaborately, we can pinpoint the reasons for physicians not administering fetal relief medicines due to broadly three reasons. The first and very pertinent reason would be that physicians do not look at fetuses as their patients and hence do not bother themselves with the problem of alleviating their pain. Secondly, physicians and patients would not be willing to venture into pain relieving methods which would involve higher costs as well as some health risks associated with longer periods of sedation.[51] Also because discussing fetal pain before an abortion might be uncomfortable, even for a physician accustomed to having conversations about sensitive matters with patients, as such abortion has as its purpose the destruction of the fetus, and physicians naturally prefer to discuss matters that patients find reassuring, the default arrangement seems to be that physicians provide no information on fetal pain or fetal pain relief. Thirdly and perhaps a disconnected reason from the other two at that, is the fact that most women did not have enough awareness to realize that there is a possibility, albeit a minor one, that the fetus she is aborting might feel pain during the procedure, much less asking for means to alleviate that pain. However if perhaps women could be provided with the required information that their fetuses may and in all probability do suffer fetal pain while undergoing abortion[52], then they would in most circumstances be persuaded to administer drugs to the fetus. This is assuming that such women would not be indifferent as to whether their fetuses feel pain or not. This would in fact be in line with the testimony of most women who opted for late-term abortions saying that they had to opt for a tragic end to much wanted pregnancies due to other considerations.[53] Even with such factors for women to want administration of pain relieving drugs to the fetus, it has been suggested that they mi ght not be in a position to actively seek out information about the issue of fetal pain, keeping in mind that they have innumerable such considerations clamoring for attention in their minds.[54] Thus legislation requiring the abortion providers to necessarily supply pregnant women of such information and seek their informed consent to administer pain alleviating drugs might right the current skew in the society. B. HOW THE LEGISLATION COULD PASS CONSTITUTIONAL
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