Wednesday, November 27, 2019

Levis Strauss Case Study Analysis The WritePass Journal

Levis Strauss Case Study Analysis Introduction Levis Strauss Case Study Analysis ). Two of the four strategic directions suggested by this model have already been adopted by Levi Company, that is, selling existing products to existing markets and extending existing products in new markets. It can however recommended that the company should adopt one of the two remaining factors of this model, which is the diversification through creation of more designs of products that suit a wider demographic scope of customers. This will lead to larger consumer base hence higher revenue. References Cunningham, J., Harney, B‎. (2012) Strategy and Strategists. Oxford: Oxford University Press. Grant, R. M. (2013) Contemporary Strategy Analysis. New Jersey: Wiley. Johnson, G., Whittington, R., Angwin, D., Regnr, P., Scholes, K. (2014). Exploring Strategy Text Only. UK: Pearson Education, Limited. Ommani, A. R. (2011) Strengths, weaknesses, opportunities and threats (SWOT) analysis for farming system businesses management: Case of wheat farmers of Shadervan District, Shoushtar Township, Iran. African Journal of Business Management. 5(22). p.9448-9454. Porter, M. (2008) Competitive Strategy: Techniques for Analysing Industries and Competitors. New York: Simon and Schuster. Tanwar, R. (2013) Porter’s Generic Competitive Strategies. Journal of Business and Management. 15(1). p.11-17. Taylor, E. C. (2012) Competitive Improvement Planning: Using Ansoff’s Matrix with Abell’s Model to Inform the Strategic Management Process. Academy of Strategic Management 10(1). p.21-25. Zott, C., Amit, R., Massa, L. (2011) The business model: recent developments and future research. Journal of management 37(4). p.1019-1042.

Saturday, November 23, 2019

Using MySQL Connection Code in Multiple PHP Files

Using MySQL Connection Code in Multiple PHP Files Many website owners use PHP to enhance the capabilities of their webpages. When they combine PHP with the open-source relational database MySQL, the list of capabilities grows immensely. They can establish login credentials, conduct user surveys, set and access cookies and sessions,  rotate banner ads on their site, host user forums, and open online stores, among many other features that are not possible without a database. MySQL and PHP are compatible products and are frequently  used together by website owners. The MySQL code can be included directly in the PHP script. Both are located on your web server, and most web servers support them. The server-side location provides reliable  security for the data your website uses. Connecting Multiple Webpages to One MySQL Database If you have a small website, you probably dont mind typing your MySQL database connection code into the PHP script for a few pages. However, if your website is large and many of the  pages require access to your MySQL database, you can save time with a shortcut. Put the MySQL connection code in a separate file and then call the saved file where you need it. For example, use the SQL code below in a PHP script to log in to your MySQL database. Save this code in a file called datalogin.php. ?php // Connects to my Database mysql_connect(your.hostaddress.com, username, password) or die(mysql_error()); mysql_select_db(Database_Name) or die(mysql_error()); ? Now, whenever you  need to connect one of your webpages to the database, you include this line in PHP in the file for that page: //MySQL Database Connect include datalogin.php; When your pages connect to the database, they can read from it or write information to it. Now that you can call MySQL, use it to set up an address book or a hit counter for your website.

Thursday, November 21, 2019

What good life is Essay Example | Topics and Well Written Essays - 1500 words

What good life is - Essay Example At some cases, the trip is such a rapid process one hardly realizes to have not gotten anywhere interesting in the end. Readers get a good time they hardly care. However, repeatedly, the poem ask s a lot from the reader and very few given for compensation. Subjects also limit pay-offs, inchoate and too minor, puzzles with gears can complicate churning and might finally reveal the clunk and clink of dullness of mind. The emotionally and spiritually flat dressed up information in technician is some type of poetry, but this is not to a large extent. Poetry with a few conviction and clear voice is more interesting, even when it is not formally accomplished. In the poem entitled â€Å"love† by Michael Dickman, he expresses how people fall in love. This is mostly in weddings and restaurants as they take wine. He analyses various environments where people often like making love and happiness as a sign of love. These occasions are naturally a symbol of good life. They make friendship with strangers as they watch movies. In this poem Dickman, explains how men fall in love with girls in restaurants. He brings out the issue of thighs, how it contributes to love. He uses an example of a boy who sold them popcorns meets a girl who was selling tickets. Dickman explains how love without care come. He compares it with how teeth are in the mouth. That he loved her the way his teeth loved the mouth. He compares his love to that of a boy he knew would attempt to have a purple dinosaur who loved him for real. He says that there is no one who can account for it. That in fact there are no people to do the accounting to balance the books love. He argues that there are even no one to measure the speed and distance between two loving hearts. As Dickman explains about happiness in love, he explains how S&M goddess love her husband. He puts clearly how the goddess brings him to a mall, leading him through the court of food by a leash. This is all because of strong feeling of love.

Wednesday, November 20, 2019

Pilando Golf Resort Essay Example | Topics and Well Written Essays - 500 words

Pilando Golf Resort - Essay Example There are usually some bookings during lunch hours especially on weekends and during dinner hours. The hotel serves a range of dishes due to the diverse nature of the clientele. Besides serving food to guests and other recreational facilities, the hotel offers golf tournaments to its clientele. My experience at the facility as a volunteer exposed me to the various operations of business and the relations with guests at the facility. The experience at the resort exposed to various processes that relate to businesses. An important aspect of the business involved the development of a range of strategies including communication skills. Good communication skills are important in handling of the customers. Customers are different are usually relate to workers in different ways. In the hospitality industry, it is necessary for waiters to develop good communication skills in order to attract and retain the clients. Pilando Golf Resort has a very strong work ethic. Workers are usually motivat ed to provide their best services in order to attract and retain the clientele. The management also helps the workers to develop key skills that are necessary for proper handling of the guests. Usually, the management handles most of the issues that concern the welfare of the guests. The organizational structure of the resort involves a team of managers at the top, followed by supervisors, and finally the workers. The top-level management usually handles decision-making at the resort. Various departments coordinate to ensure the smooth running of the facility. Some of the departments include customer care department, finance department, planning department, and many others. Each department operates according to the mission and vision of the business.

Sunday, November 17, 2019

Terminating the Patient-Provider Relationship Essay Example for Free

Terminating the Patient-Provider Relationship Essay Introduction Problem Overview With the advent of 21st century medical technology, health care procedures, ethical and legal considerations and scopes of practice among health care providers have become greatly complex. According to Servellen (1997), one of the most confronting issues of the modern provider-patient relationship is the often misunderstanding of accountability, responsibility and liability of care measures towards the patient (p.334). Legal considerations of providing care and duty of obligation of the provider towards the patients start when the health care professional enters into a relationship with a patient. However, the agreement of care relationship does not only require role of the provider. According to Scott, Ed and Scott (2005), compliance of the patient throughout the care procedures rendered by the provider is another significant component of caring process (p.162). In fact, providers include initial assessments on patient’s level of compliance prior to the start of care process, and more importantly, health professionals inform the patient about the written policy imposing the responsibility of the patient to comply with the process of health care interventions. As considered by American Academy of Nurses, if the patient becomes noncompliant or initiates actions violating professional rights of provider or the patient’s rights, the provider possesses the benefit of terminating the working relationships as considered by the appropriate grounds (Scott, Ed and Scott, 2005 p.162). On the other hand, if the provider terminates the relationship, such professional decision now confronts the issue on breaching the pledged role of devoted care and legal duty of service. Termination of patient-provider relationships is confronted by question whether or not conflicts between the professional role of the provider and the legal duty to provide care (Servellen, 1997 p.334). The current implementations of patient care disengagement largely depend on the institutional policy. According to Scott, Ed and Scott (2005), â€Å"termination of the provider-patient relationship is justified when the patient makes a knowing, voluntary election to end the relationship, either unilaterally or jointly with the provider† (p.162). Upon signing the consent of care, both participants of the care process obtain their own roles in the entire procedure of care. Mason (2004) emphasizes that the professional relationship with the patient can just be terminated due to personal or other inappropriate grounds (p.307). Termination of care is only considered ethical and appropriate when (1) the patient has already reached the maximum benefit of the procedure as supported by clinician’s judgment, or (2) when the patient has already achieved cure from the procedure. However, termination of patient-care relationship on the ground of patient non-compliance imposes a conflict issue between duty of care and patient’s participatory role in the process of care delivery. As supported by Servellen (1997), the provider’s duties to the patient, involving a breach of duty, relates to the standards of practice for all health care professionals (p.334). According to Mason (2004), termination of patient care may result to a legal accusation of abandonment, which â€Å"is the discontinuation of an established patient-provider relationship† (p.307). According to AMA, a non-compliant patient is considered as a â€Å"difficult patient† and candidate for the reconsideration of patient-provider termination of care. However, termination of care must follow appropriate procedures without interfering the continuity of patient care. Terminating the patient care somehow conflicts with the element of maintaining the continuity of care. As explained by Carter, Levetown and Foley 2004), noncompliant patients under reconsideration of patient-care termination still possess the rights of continuous care until another health care reliever has been reassigned (p.120). Moscow (2004) points out that terminating patient care without proper reliever of care is automatically considered a liability against the established patient-provider relationship contract (p.120). According to Servellen (1997), despite the protective and patient-focused approaches of the provider, inevitable times wherein a provider is confronted with situations (e.g. DNR requests can sometimes impede to patient’s right of autonomy, etc.) that can possibly or actually impinge patient’s rights can still occur (p.335). According to American Hospital Association (AHA), the four basic consumer rights state that the (1) patient has the right to safety, (2) right to be informed, (3) right to choose, and (4) right to be heard (Servellen, 1997 p.335). Considering these components as part of the reconsiderations in the ethical discussion of patient-provider care termination, it is indeed inappropriate to terminate the relationship set prior to the start of the process. As mentioned by AMA, provision of care towards non-compliant patients is still under the governance of the elements of (1) health care provider’s duty to provide continuous care, (2) fulfilling the expectations of care for the patient, and (3) carrying out the obligations of care (Mason, 2004 p.307). Terminating the care relationship set during the formal contract establishment between the provider and patient is automatically considered a breach in the legal nature of such relationship. Such action is a considerable ground for the legal liability of abandonment. Despite the issue on termination of care, there are still possible grounds wherein a health care’s refusal to care can be considered appropriate. According to Servellen (1997), provider’s may terminate or refuse care process when (1) the procedure caries physical risks to either the provider or the patient, (2) rendered care violates patient’s rights to autonomy and self-determinations, and (3) religious or moral issues followed by either of the two parties (p.335).   According to Carter, Levetown and Foley (2004), the actual patient-provider relationship is founded on trust and relationship, and not merely on legal holds or set contracts (p.120). Considering this as a form of assertion to the later supporting principles of patient-provider relationship termination, the issue on role fidelity arises as another essential consideration aside from autonomy and the contractual-based patient-provider relationship. Carter, Levetown and Foley (2004) emphasize the value of adhering to the moral and professional role of the nurse, and not solely limiting the care provision on to the patient’s level of compliance (p.120). Guided by the principle of â€Å"patient’s best interest† and fidelity, Mezey and Berkman (2000) support the idea pointing out on the idealistic elements of nursing practice wherein professionals should consider their importance in administering care under holistic and universal perspective regardless of potentially solvable conflicts (p.502). Despite of the relationship established after the setting of contact, the provider needs to consider the nature of non-equalitarian partnership and not the coequal partnership; rather, leading, establishment of rapport and serving the best interests to as the patient as the care provider must all be considered.   As supported by Shamus and Stern (2003), patient-provider relationship imposes a duty of unauthorized disclosure of contract care process without appropriate grounds (p.74). The 1996 Health Insurance Portability and Accountability Act (HIPAA) indeed protect the patients from such decisions brought by health care providers. However, compliance and sets of patient’s participatory obligations throughout the procedure count significantly on the entire health care delivery process (Shamus and Stern, 2003 p.74). Insurance of care does not only direct the obligations and tasks towards the provider but also from the patient. According to Earp, French and Gilkey (2007), patient-provider relationship is expected to work as an enhancing strategy for patient’s trust towards their health care provider. Furthermore, such relationship supports a therapeutic alliance and patient care processes involving high levels of trusts, rapport and patient satisfaction (p.195). By this principle, patients are indeed subjected to participate and cooperate in the process of health care delivery. However, in case the patient declines to participate, health care providers must not immediately terminate the procedure since they are no coequals of the patients and resistance towards care measures are sometimes inevitable. According to Rothestein, Brody and McCullough et al. (2001), health care providers must continuously administer care and interventions necessary for the well-being of the patient despite of the non-compliant behavior (p.620). In case the patient becomes notoriously incompliant to either selective or general procedures scheduled for administration, AMA suggests a series of assessment for the noncompliant behavior without involving one’s professional role outside the scope of care provision (Mason, 2004 p.307). Furthermore, the patient’s decision to not comply entirely depends on himself or herself; although, it is an important protocol consideration to check institutional policy for the proper consent documentation of such patient’s behavior. Most public institutions implement waiver signing when the patient refuses to take medications for example. According to Earp, French and Gilkey (2007), this is done for the purpose of formality and protection from possible accusations of abandonment or care quality infringements (p.195). On the other hand, when provider-patient relationship is not anymore pursuing its beneficial state or health care alliance status, AMA suggests the termination of health care management. As supported by Rubenfield and Scheffer (2006), the duty of the provider in relation to the physician-patient relationship includes (1) fulfilling the patient’s expected care, (2) carrying out the health care roles of the provider towards the patient, and (3) delivering care guided by the principles of fidelity and nonmalificence (p.96). If the provider has been determined to satisfy all these criteria, the duty to treat or provide care to the patient is indeed not violated. However, if the patient pursues his or her state of noncompliance despite of the standards of care being administered and the potential of further causing harm to one’s self, terminating the set provider-patient relationship is indeed justified. Nonetheless, as supported by the AMA Code of Ethics in 1998 Doc #1, p.5, â€Å"physicians cannot withdraw from a case without giving notice to the patient, the relatives, or responsible friends sufficiently long in advance of withdrawal to permit another medical attendant to be secured† (cited at Rothestein, Brody and McCullough et al., 2001 p.621). The health care provider is still tasked to service the patient until the reliever of care becomes available. Meanwhile, despite the legal recognitions in terminating the provider-patient relationship, the question still lies if whether or not the provider breaches his or her professional role as the higher component of the alliance considering the noncompliant state of the patient. Statement of the Problem The participation of both parties in the patient-provider relationship is an important consideration to the entire success of the health care delivery process. Once the provider accepts the task pf providing care to the patient, it is lawfully and professionally understood that the provider agrees to setup a transactional bond with the patient. According to AMA code of ethics, the setting of contract between the provider and the patient includes participatory roles from the two parties, and compliance to the higher participant of the alliance, the health care provider, must take the lead of health care management (Rothestein, Brody and McCullough et al., 2001 p.621). Added by Earp, French and Gilkey (2007), â€Å"patient-provider relationship is even ideally characterized by high levels of provider informativeness, interpersonal sensitivity and partnership building† (p.189). However, in some instances, patient may pose as the incompliant participant of the body system, which can greatly compromise the delivery of care as well as the role function of the provider. As emphasized by Servellen (1997), if the patient manifests a noncompliant behavior towards the care being provided by the assigned health care professional, the code of ethics should rather consider the termination of the bonded agreement than forcing the two participants to maintain their relationship since this can actually be detrimental to both patient’s health and provider’s role (p.336). Hence, termination of patient-provider relationship in relation to patient’s incompliant behavior can be possibly done via appropriate process of separation mandated by the institutional policies. It is important however to consider the validation of the provider’s claims followed by the written acknowledgement signed by the patient. After establishing an agreement of termination, the provider is expected to maintain the level of care being provided to the patient until the endorsement of the patient’s care to the assigned reliever. AMA has imposed significant abandonment liabilities once the provider terminates the established relationship without properly engaging to the set institutional policies. According to Rothestein, Brody and McCullough et al. (2001), terminating the established relationship between the provider and the patient without properly notifying, validating and documenting the said action will immediately resort to legal liabilities (p.621). Termination of patient-provider relationship must be laid down to the patient for recognition and prevention of legal accusation of abandonment. Despite the valid points and supporting rationales in terminating the patient-provider relationship, the issue still lies questioning the appropriateness of termination in relation to the ideal practice of role fidelity and duty of care. Due to this very reason, we have proposed a descriptive and non-experimental study analyzing the legal, ethical and moral nature of terminating the set patient-provider relationship. The objectives of the study proposed are as follows: To determine the ethical stand point of terminating patient-provider relationship in relation to the ideal principles of (a) duty of care and (b) role fidelity To determine the perceptions of the patients on the potential effects of terminating patient-provider relationship towards the level of trust and health care satisfaction Scopes and Limitations Due to the continuously evolving policies of health care system, changes in the patient-provider relationship have also evolved progressively. Despite the idealistic principles of fidelity and duty of care, health care providers still encounter inevitable instances wherein the client becomes non-compliant towards selective or general interventions implemented as part of the care process. According to Servellen (1997), instead compromising the care delivered to these patients, code of ethics have now reconsidered the procedure-based termination of patient-provider relationship to prevent the delivery of reluctant or incompetent care management due to patient’s incompliance (p.327). However, Carter, Levetown and Foley (2004) and Mezey and Berkman (2000) assert that terminating patient-provider relationship violate the principles of duty of care and role fidelity since it is always the task of the provider to carry-out the needs of the patient as guided by the principle of â€Å"patient’s best-interests† regardless of the patient’s response to health care. In this proposed study, the primary goal is to determine whether or not the ideal principles of health care (role fidelity and duty of care) are breached once the provider terminates the established relationship with the patient. At the end of the study, the following questions must be answered: What are the supported grounds for terminating patient-provider relations approved by AMA and AAN? Cite the legal, ethical and moral comparisons between the two policies. Does the health care provider breach the established relationship once he/she requested for termination due to incompliant behavior? Significance of the Study Despite the defined institutional policies supporting the process of termination, the issue on breached principles of health care still remains questionable. Federal health care organizations, such as AMA and AAN, have clarified the issue and process involving the termination of patient-provider relationship on the grounds of non-compliance and failure to adhere to the provider’s instructions. According to Servellen (1997), during the times of the HIV epidemic, termination of care is considered professionally inappropriate; hence, care provided towards these HIV patients became detrimental to the patient’s health due to the reluctance and exaggerated care measures implemented by these providers (p.327). The issue involving the termination of such established relationship covers both ethical and legal principles (e.g. role fidelity, duty of care, etc.) governing the pledged role of the provider and the assigned participatory role (e.g. patient’s rights, patient’s task of compliance, etc.) of the patient. Clarifying the care issues on the termination of patient-provider relationship is significant due to the following reasons: By understanding the limitations and defined grounds of terminating the patient-provider relationships, the study can aid in identifying the relationships of ethical principles that shall answer the confronting issue of patient-provider relationship By understanding the legal and ethical considerations on patient-provider relationship termination, the study can help in defining policy proposals on the proper procedures for implementing the termination of patient-provider relationship   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The conceptual framework of the study illustrates the proposed program of implementation addressing the issue on termination of patient-provider relationship. The conceptual framework is based from the primary goal of the study – to determine the standpoint of the termination of patient-provider relationship. By determining the subjective responses from two types of samples, patients and nurses (selected â€Å"provider† population), the procedure should be able to reveal the ethical justifications and oppositions on the subject of terminating patient-provider relationship due to noncompliance. After determining the collation of responses, the procedure analyzes the data in order to obtain significant relationships pertaining to the issue on breaching the principles of role fidelity and duty of care upon termination of such care contracts. Program Proposal f.1. Research Design   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study proposes a non-experimental and descriptively designed survey methodology as the program for analyzing the issue on termination of patient-provider relationship. Using the perception-based methodology, the study explores the different insights of the two parties involved – patients and nurses/ providers – in the issue targeted by the study. The proposed program utilizes open-ended questions depicting the different possible perspectives of the samples – approval, opposition, suggestive– towards the issue imposed. The design of the study relates to the patterns illustrated on the conceptual framework. The emphasis of the survey questions is derived from the primary goal of the study – to determine if whether or not the termination of patient-provider breaches the concept of role fidelity and duty of care.   The collated responses obtained from the survey are compared to the ethics analysis condu cted in the literary reviews. f.2. Samples and Sampling Technique Used   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study aims to achieve the total target population of 100 patients and 100 nurses proportionately divided into two different sample hospital locales. Using a simple random sampling method, selection of patient respondents is guided by the following criteria: (1) 18 and above, (2) patients must be admitted within the hospital premises for at least two days, and (3) must be conscious and coherent. On the other hand, sampling criteria among nurses are as follows: (1) must be licensed professional, (2) must be employed and working within the hospital premises, (3) must have at least 2 years of nursing experience from the surveyed hospital locale or other institution. f.2. Data Gathering Procedure   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Data gathering procedures shall be composed of two different methodologies: (a) ethics analysis conducted in the literary reviews and (2) survey methodology implemented on two groups of samples. Ethics analysis from the literature reviews comprise of the different ideas answering the ethical disputes on termination of patient-provider relationship. In the process of ethics analysis, the principles of role fidelity and duty of care involved in the issue are the emphasis of the analysis. The main objective of this procedure is to answer the ethical standpoints of the issue based on whether the termination violates the principles of role fidelity and duty of care. On the other hand, the second methodology deals with the perceptions answering the issue on breached principles of role fidelity and duty of care through the termination of patient-provider relationship. After gathering the results of the two data sources, the integration of data is conducted aiming to answer the primary goal of then proposed study. f.3. Instrumentation   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Survey questionnaires are the primary instrument used for the gathering of data and responses from the qualified samples. The questions used have been derived from three categories inclined to the different possible responses of the respondents. Categories used include (1) approval, (2) opposition, and (3) suggestive. Using open ended-questions according to the four categories, the respondent must select their preferred side among the four categories. Approval selection depicts their positive response over the termination of patient-provider relationship, opposition is the reverse,   and suggestive implicates the possible changes they want. The results of the survey are collated for the purpose of analysis and implications of data. f.4. Program Implementations   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the process of implementing the proposed program for evaluation and assessment of the issue, methodologies shall comprise (a) ethics analysis via records review and (b) the qualitatively designed survey of the chosen sample population. Implementation process shall begin with the gathering of records and reviews on issues and bioethical discussions on termination of patient-provider relationship. In the process of analyzing the obtained data, the study shall document (a) the ethical principles associated to the termination issue, (b) the conflicting ethical principles, and (c) the violated ethical principles upon implementation of the issue. After gathering these three components, the data shall be analyzed drawing appropriate implications from the documentation acquired. With the acquired results from ethics analysis, we shall now relate these to the two principles – role fidelity and duty of care that are hypothetically breache d upon terminating patient-provider relationship.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After the application of the second procedure, the survey methodology shall now begin its pilot study with a smaller sample population of at least 10 qualified respondents from the chosen research locales. During the process of pilot testing, the research processes involving the survey questions, respondent interaction, collation of data, analysis and interpretation of data shall be tested for validation and revision in case necessary. After the pilot study, the actual survey procedure shall commence targeting a population of 100 qualified respondents from each of the two hospitals chosen. Furthermore, 100 target samples from each institution shall be divided into two comprising of 50 qualified nurses and another 50 qualified patient respondents. The total sample population shall therefore be 200 qualified respondents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After gathering the survey results using open-ended questions and simple random sampling technique, the results shall be collated according to the three categories of the questions used -(1) approval, (2) opposition, and (3) suggestive. The results shall be analyzed according to the data obtained from the records review. Implications associated to the ethical issue proposed (termination of patient-provider relationship) shall be drawn from the results of the interview. With the implications and analysis of the survey results, the next procedure integrates the study results from the records review and survey results to draw the general relationship between the perceptive study and theoretical ethical discussion on the issue proposed. Finally, the results drawn from the integration should answer the primary goal of the study.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1.5. PICO Analysis Table 1: P.I.C.O Analysis Population The main subjects concerning the research topic are the patients and associated providers, such as nurses and physicians. Program implementations involve similar sample groups as well (patients and nurses). Intervention Ethics analysis on patient-provider relationship utilizes the general overview of nursing and clinical care procedures (e.g. medication administration, wound care, etc.). On the other hand, the program implementation utilizes two interventions, specifically (a) Survey with corresponding questionnaires and (b) records analysis. Comparison Variable comparisons involve (a) patient perception versus (b) nurses perception on whether or not termination of patient-provider relationship violates the principles of duty to care and role fidelity. Outcomes Expected results of the study differentiate among the two parties involved. Nurses perceive the termination an ethical consideration under the basis of noncompliance and breach in the contract of relationship set prior to care delivery. Meanwhile, patients perceive the termination as an ethical breach since the tasks of the nurses must always comply with the duty to care and role fidelity. Conclusion In summary of this research proposal, we aim to determine the ethical standpoint of terminating patient-provider relationship on the grounds of patient incompliance despite the set agreement and principles governing the role of the health care provider. Since termination of patient-provider relationship has already been acknowledged by federal organizations (e.g. AMA, AAN, etc.), we determine if such termination of accounts on the basis of patient’s incompliance breaches the ethical principles of role fidelity and duty of care. In order to strengthen the ethics analysis of the issue, we have incorporated a descriptively designed survey method to obtain the perceptive response of both patients and nurses towards the imposed issue. After collating the results of the survey, the next step is to integrate the results obtained from the records review and from the survey conducted. References Carter, B. S., Levetown, M., Foley, K. M. (2004). Palliative Care for Infants, Children, and Adolescents: A Practical Handbook. London, New York: JHU Press. Earp, J., French, E. A., Gilkey, M. B. (2007). Patient Advocacy for Health Care Quality: Strategies for Achieving Patient-centered Care. New York, U.S.A: Jones Bartlett Publishers. Mason, J. (2004). Concepts in Dental Public Health. New York, U.S.A: Lippincott Williams Wilkin. Mezey, M., Berkman, B. J. (2000). The Encyclopedia of Elder Care: The Comprehensive Resource on Geriatric and Social Care. London, New York: Springer Publishing Company. Rothstein, M. A., Brody, B. A., McCullough et al., L. B. (2001). Medical Ethics: Analysis of the Issues Raised by the Codes, Opinions, and Statements. London, New York: BNA Books. Rubenfield, M., Scheffer, B. K. (2006). Critical Thinking Tactics for Nurses: Tracking, Assessing, and Cultivating Thinking to Improve Competency-based Strategies. New York, U.S.A: Jones Bartlett Publishers. Scott, R. W., Ed, N., Scott, W. (2005). Legal Aspects of Documenting Patient Care for Rehabilitation Professionals. New York, U.S.A: Jones Bartlett Publishers. Servellen, G. (1997). Communication Skills for the Health Care Professional: Concepts and Techniques. New York, U.S.A: Jones Bartlett Publishers. Shamus, E., Stern, D. (2003). Effective Documentation for Physical Therapy Professionals. New York, U.S.A: McGraw-Hill Professional.

Friday, November 15, 2019

Analysis of Home Burial by Robert Frost Essay -- Robert Frost Home Bur

Analysis of Home Burial by Robert Frost Robert Frost wrote the poem Home Burial after he and his wife suffered the tragic loss of their 4-year-old son. Home Burial shows the emotions people feel after such a loss, and how they face those emotions. Through Frost's experience he shows that men and women grieve in different ways. In Home Burial Frost demonstrates, through the husband, that in the grieving process men tend to show strength. Throughout the poem you see the husband proceed to do his everyday tasks. The husband states, 'Three foggy mornings and one rainy day are enough to rot the best birch fence a man could build.'(Robert Frost). Here is just one example of how the husband is trying to move forward through work. Another example of how the husband tries to continue with life is seen in this statement he makes, 'Can't a man speak of his own child he's lost?'(Frost). In addition to work, the husband tries to get past their loss by speaking of his child. He does not want to forget about his child. Through the use of words, the husband can keep the memory of that child alive; while at the same time get adjusted to the fact that his child is dead. We see through the eyes of Frost, that as the strength and breadwinner of the family, the husband tries to heal his wife Amy?s grief, fix her. Speaking to Amy he says, ?There you have said it all and you feel better.?(Frost). Robert Gale, a critic of the poem says, ?He puts too much faith in words.?(Robert Gale). The husband, in trying to fix Amy?s grief, wants her to believe that since she has verbally stated how she feels, she can now move on. He fails to realize that the pain Amy feels runs deeper than just words, or doesn?t want to believe that his pain o... ...e associated this with the rotting corpse of their child. She sees her husband as unfeeling and unemotional about their child. Since she will not communicate with him, she cannot understand how he could just bury their child and not give it a second thought. Home Burial opens the eyes of the reader. It allows one to see the different ways people grieve. It shows that there is no right or wrong way to grieve, and that just because two people don?t show their grief in the same manner it does not mean that one person is in more pain than the other. This poem shows the importance of communication between a husband and wife, and that the best way to get past the pain of losing a loved one just may be to lean on others, who like you, were also left behind Bibliography: 1) Frost, Robert. 'Home Burial.' 2) Gale, Robert L. 'Home Burial.' MagilOnLine.

Tuesday, November 12, 2019

Teen Dating Violence

Teen dating violence Teen dating violence is becoming a huge issue among schools across the nation. In fact most teens don’t even think their relationships are abusive or they know but they are too scared to do anything about it. Teen dating violence is on the rise. This violence spans across all socioeconomic levels and knows no race. Even famous people can be victims of dating violence. Dating violence is a real issue and needs to be addressed in all schools and workplaces across the nation. Teen dating violence is on the rise and is ultimately one of the biggest issues among teens and adolescents today.Teen dating violence can be defined in many ways it can be anything from a pinch to telling your girlfriend/boyfriend they’re worthless. There are many types of teen dating violence here are 4 †¢Physical- is when the partner is being pinched, hit, shoved, tripped etc. †¢Emotional-this means threatening a partner or harming his or her sense of self worth †¢Sexual- this is forcing a partner to engage in a sex act when she or he does not or cannot consent. †¢Stalking- this referrers to a pattern of harassing or threating tactics used by a perpetrator that is both unwanted and causes fear in the victim. 0% of teens have reported being physically hurt by a boyfriend or girlfriend in the past 12 months. Nearly one-half of adult sex offenders report committing their first sexual offences prior to the age of 18. Between 1993 and 1999, 22% of all homicides against females ages 16-19 were committed by an intimate partner these are real numbers and facts the violence hides from no one. Teen dating violence is a public health issue. A lot of teens who experience dating violence often stop making school their number one priority and grades start to slip as they get depressed.They also might experience high anxiety levels because of what there abuser might say to them or do to them. Many teens do not feel as if they can tell someone about w hat is going on because they are afraid of the outcome if their abuser finds out. No teen is insusceptible to teen dating violence, but the ones that run more of a risk are teens who have †¢Trauma symptoms †¢Alcohol use †¢Having a friend involved in teen dating violence †¢Having problem behaviors in other areas †¢Belief that dating violence is acceptable †¢Exposure to harsh parenting †¢Exposure to inconsistent discipline Lack of parental supervision, monitoring, and warmth So if you have been exposed to something above statically you have more of a chance harming your partner. A lot of teens think that it will never happen to them even though 40% of teenage girls (14 to 17) know someone their age that has suffered from dating violence. And 80% of all girls who have been physically abused in their relationship continue to date their partner. There are a few different reasons for this one is there abuser won’t let them leave the relationship a nd mentally destroys the victims mind and makes them think that they cannot do any better.Also some victims are deeply in love with their partner and have high hopes on the situation getting better which usually progressively gets worse. The media plays huge roles in the ongoing issue magazines newspapers television all make teen dating violence and dating violence seem justifiable when its not. All the time you will see or hear about some famous star that was a victim of dating violence like Chris brown when he allegedly beat up Rihanna, or when Charlie sheen beat and abused his wife he was all over the news for weeks and still is today.What the media need to do is try to get a message out to the youth that teen violence is not a joke and it is not something to be taken lightly. One of my friends was a victim of teen dating violence, he was driving in his car and he had said something that made his girlfriend mad and she started punching him in the face repeatedly and did not stop until his face was beat red and bleeding he had black and blue marks all over his face. Its really sad to hear story’s of some teen that don’t care what happens my friend was driving on a highway je could have turned the wheel and both of them could have died.That’s why teens need to learn that its not healthy and some need to get help. I know another friend that almost got arrested and went to jail because his ex-girlfriend put a TRO (temporary restraining order) and the accusations that were made in the TRO were that he stalked her hit her mentally abused her and raped her all of the allegations she had made were false. Its sad that teens are more and more like adults and have to deal with stuff like this now.Teens should be worrying about their studies and other teenage things not if their boyfriend is going to hurt them or girlfriend is going to get jealous if they’re talking to another girl. Teen violence is one of the biggest issues among teens and it is most defiantly getting worse, young teens are scared to talk to adults so if you see any signs of a distressed teen ask them and maybe make a bonded friendship with them because you could save that child’s life by getting them away from a potentially dangerous situation. This is something that parents need to be educated on as well because they should have the ability to see them first.

Sunday, November 10, 2019

Road to Civil War

Road to the Civil War Joshua Douglas Axia College University of Phoenix It seems the United States is always at war. Our founding fathers fought the British for freedom and the Indians for land. Colonist fought each other for rights to land to grow their crops. Slaves fought for freedom and independence in this new country they were forced to live in. Slave owners fought for the right to keep their slaves so they could profit from their work. Women fought for their rights to be equal, to work outside the home and to vote.The North and the South fought each other in a Civil War for their rights to own slaves and to outlaw slaves. Why are wars important? The impact of war may seem negative at time. The loss of life and resources is tragic but many times the outcome of the war moved the United States forward shaping her into the country she is today. Tobacco was the crop to grow. It grew successfully and was in demand. In 1620, the demand for tobacco reached an all time high and the pri ces of products in Europe rose. Many people from Europe were out of jobs and unable to afford the things they needed to survive and take care of their families.Many left Europe and traveled across the continent to the United States where they thought they would be able to survive. Many of the immigrants arrived in Chesapeake looking for work. They were called indentured slaves and were required to work a certain number of years. Most indentured slaves did not live their entire term due to hunger, disease and the general conditions and abuse they were put under. This was the starting point of slavery. The boom in tobacco was sure to end at some point. During these times, the economy rose and fell on a whim.Indeed, in the1630’s and 1640’s the tobacco boom settled down. Virginia became a more social and political state. Wealthy settlers rose to political offices. They formed militias and defenses to govern their parishes. Since tobacco had become less profitable, the slav es were not worked as hard. This allowed many slaves to survive long enough to finish their indentures. Once they had done this, many slaves started working as hired hands on the plantations. Many saved their money and eventually they were able to buy their own land and become independent planters making their own profits.The economy swung back up in the years following the War of 1812. A domestic market emerged cutting off complete dependence on world trade. Many inventors also emerged with products that would make Americans more efficient and would help produce more products. Eli Whitney was one such inventor. He invented the cotton gin which removed sticky seeds from the lint. This was a huge success. Slaves were now able to clean more cotton per day which caused the cotton production to grow in the lower south. By 1840 the South produced a large portion of the world’s cotton supply.The rise in industries also helped the transportation circuit to grow by creating railroads to transport goods quickly. The economy was great but there were still issues regarding slavery and human rights. Women started speaking out about their rights such as working outside the home. Abolitionist emerged and started also speaking out about slavery. Many Southern colonists like their slaves. They were able to produce large quantities of crops quicker because they had so many people working the fields. They profited and were wealthy. Slaves allowed them to live the lifestyle of the wealthy.Many Northern colonists did not agree with slavery. Slavery was wrong and went against the very grain of what this country was founded on. The country was clearly starting to divide over these issues. The Dred Scott decision in 1857 was a major turning point on the road to the Civil War. Dred Scott was a slave that lived in Missouri. His master had taken him to live in Illinois which was a free state. Eventually the owner returned to Missouri which was not a free state. Dred Scott sued f or his freedom stating he went to live in a free state thus making him free and he should remain free.The case went to the Supreme Court. The court was made up of two northern judges and five southern judges. In the end, the ruling was 7 to 2 that Scott should remain a slave. Roger Taney of Maryland was a member of the Supreme Court. He was one of the judges that voted in favor of Dred Scott remaining a slave. He felt that African Americans were not and would never be a citizen of the United States and he made his opinion known. Around the country, the reaction to the decision varied. Many Southern colonists were happy with the decision.They wanted to keep their slaves and continue to profit off them and live the life of a wealthy man. While many Northern colonist felt this was unconstitutional. The Constitution of the United States was founded on the idea of freedom for all, not just a selected few. The result of this decision had a huge impact on the South. The decision spurred th em to action. In 1861, South Carolina seceded from the Union and the rest of the South followed splitting the North from the South. The Civil War now loomed on the horizon. The Civil War was a significant part of the United States history.Our founding fathers traveled across the continent from Europe to the Americas. They were looking for a new life, freedom from an opposing ruler and oppression from the social classes. Many early colonists had died in this pursuit of freedom. The survivors kept soldiering on, continuing to explore this new land and bargain with the Indians and other countries that had laid siege to different territories. Many wars were fought in this pursuit of freedom. These events, however unfortunate they might be, started shaping our country into what it is today.Had the men and the women in this country just set back and did nothing, where would we be today? What would this country be like? The Civil War and the result of the outcome of the Civil War turned ou t to be one of the most instrumental parts of our history. Many men and women died in the pursuit of freedom and equality that allows us to enjoy the freedoms and rights we have today. References: Davidson, J. , Gienapp, W. , Heyrman, C. , Lytle, M. , & Stoff, M. (2006). Nation of nations: A concise narrative of the American Republic (4th ed. ). Boston: McGraw Hill.

Friday, November 8, 2019

The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. The WritePass Journal

The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. Introduction The HRA 1998 has had little impact upon protecting the basic liberties of british subjects and could be repealed without any consequence. Introduction‘Nonsense upon stilts’ – Bentham Human rights violation that went to the StrasbourgIncorporation of the HRACritic of the HRASolutions of HRAConclusionBibliographyRelated Introduction In this essay I have examined the overall impact of the introduction of the Human Rights Act 1998 (â€Å"HRA†), after its long campaign to infiltrate UK law. First this paper will begin by discussing the traditional British approach to protecting human rights before the HRA. Second this paper will examine the UK case law on human rights violation that went to the Strasbourg. Third this paper will examine what impact the HRA has had on human rights protection. Fourth this study will examine the problem with the current system of protection such as no horizontal protection between private persons and lack of entrenchment. Fourth this paper will advocate better protection can be achieved through a Bill of Rights. Lastly this paper will conclude its findings. ‘Nonsense upon stilts’ – Bentham Professor A V Dicey (1835-1922), a constitutional theorist argued that individual liberties were more effectively protected by parliamentary sovereignty, an unwritten constitution and common law, than by a continental system with their constitutional codes and catalogue of rights[1].   His argument was that because rights were not written down, but endorsed by judicial rulings, it would be more difficult for government to take away liberties of people.   On the contrary, many of the rights, which have been included in the written constitution of other countries, such as the USA, were rights, which, at common law, existed in the UK through the form of freedoms.   Jeremy Bentham referred to the ideology of human rights as being sheer nonsensical. With no law there are no rights, you are on your own. If we want to have rights we need to create them. Rights are created by law and are manmade and synthetic. Bentham stated: â€Å"Natural rights is simple nonsense: natural and impres criptible rights, rhetorical nonsense - nonsense upon stilts.† Human rights violation that went to the Strasbourg Several eminent peers, Lord Wade (in 1976), Lord Scarman, the former Law Lord (in 1988), and Lord Lester(in 1995) have attempted to introduce a Bill of Rights.   Each attempt was based on the European Convention on Human Rights and Fundamental Freedoms 1950 (â€Å"ECHR†), an international agreement to which the UK has been a signatory for over 60 years.   Many cases were brought against the United Kingdom for breach of its obligations in regards to the convention, resulting in UK law sometimes having to be changed by Parliament so as to comply with our human rights obligations, a case was brought by prisoners in 2005 who were denied the right to vote. Although it is acknowledged that a ‘margin of appreciation’ is allowed to individual member states when applying constitutional requirements, to keep within their individual traditions, on this occasion the margin was too wide and therefore ‘disproportionate’. This kind of de facto Bill of Rights offered through European courts has proved to be a lengthy, inaccessible, expensive and unreliable form of remedy. It was not good for the UK’s image abroad to be frequently found in error by a ‘foreign’ court, as it has been many times this is also supposed by Lord Irvin of Lairg The Lord Chancellor in a key role addresses to the conference on a bill of rights for the United Kingdom 4th July 1992. â€Å"This Government’s position is that we should be leading in the development of human rights in Europe, not grudgly driven to swallow the medicine prescribed for us by the court in Strasbourg, when we are found in breach of the convention†. An example of this is Malone v Metropolitan Police Commissioner.   Mr Malone’s telephone had been tapped, there was no law forbidding them to do so as English law gives no general right to privacy. Other cases that elaborate the point of mishandling of power by the state are in Abdulazizi v UK (1985).   The case alleged that British immigration rules discriminated against women, because men settled in the U.K were allowed to bring their wives and fiancà ©s to live with them here, but women in the same position could not bring their husbands and fiancà ©s into the country.   Instead of amending the mistake of allowing husbands to live in the U.K they restricted both men and women bringing partners from abroad, ending the sexual discrimination but breaching human rights. Moreover, in Jordon v UK it was found Article 2 ECHR (right to life) had been breached, the investigation was flawed in the circumstances surrounding the death of the claimant’s son who had been k illed by police. Such decisions have led to changes in UK law to prevent further infringement of Convention rights and amendments to legal procedures. For example the issuing of new prison rules in 1999, updating their management from the rules of 1964. Incorporation of the HRA The Human Rights Act 1998 received Royal Assent on 9 November 1998, and coming into force November 2000. This Act has incorporated the ECHR into UK law. The ECHR is based on the Universal Declaration of Human Rights, which was drafted after World War II, to prohibit further atrocities associated with war, and is a statement of values and standards of rights and responsibilities. The act only covers civil and political rights and freedoms such as the right to a fair trial (s6) and the right to respect for privacy and family life (s8). Arguably a Bill of Rights would be more comprehensive. It would in addition cover social and economic rights, things such as housing or employment. Despite this, the HRA is regarded by many as a good first step towards a Bill of Rights. The Human Rights Act 1998 has adopted this ‘affirmative resolution procedure’ Lord Irvine talks about and it is exercised when human rights are infringed by incomplete British legislation, or even the absence of legislation. These kinds of cases have been restricted to the higher courts. A citizen whom has had their Human Rights breached can now get redress from domestic courts; the aim of the HRA as quoted by Lord Irvine is to‘Bring the rights home’   avoiding the lengthy road to Strasbourg.   The incorporation of ECHR is to weave human rights into the existing fabric of legislative, executive and judicial responsibility. The establishment of a Human rights commission in October 2007 has helped to scrutinise legislation and bring individual test cases to court, they have produced papers and undertaken an educational role. Critic of the HRA Critic’s say the HRA has been exploited by lawyers promoting a ‘compensation culture’ with ‘no win, no fee’ promises. Citizens are more prepared to fight for their rights since the Access to Justice Act 1999 was introduced making it easier for them to take action to court. Jack Straw, the then Secretary of State for Justice Lord Chancellor, has called these lawyers ‘unscrupulous ambulance chasers’. Travellers and squatters use the HRA when faced with expulsion, you could say demanding privileged treatment at the expense of others. The same is the case when you look at criminals and prisoners demanding their rights ahead of the victims. Although the UK legislator has every right to amend the HRA it seems from this that it would most definitely cause much legal protests. This has now allowed the European Convention on Human Rights and fundamental Freedoms (â€Å"ECHR†) 1950 to be enforced in the UK. In particular I will discuss whether the HRA has had a satisfactory impact on protecting human rights and whether it is vulnerable to repeal. HRA and ECHR only deal with political and civil rights of a person or public body, such as freedom of expression, with no governmental expenditure unlike social/economical rights, which include welfare and social security and education at a cost to the state. Has the Human Rights Act bettered the condition of liberty in Britain? Before the Human Rights Act, liberty was described by Dworkin as â€Å"ill in Britain†. The GCHQ case is a good example of where the government wrongly infringed individual rights even though it believed that such an infringement would protect security of the nation. The Government had banned the civil servants from being members of trade unions. Following this decision senior judges supported the incorporation of the ECHR into UK law in the belief that minorities groups would gain protection from the â€Å"tyranny† of elected majorities by better protecting civil liberties. Although having the power of Judicial Review, courts largely looked the other way rather than trying to balance liberty against security. The paradox here is that while in theory the principle of the rule of law protects individual rights, in practice these rights are vulnerable to erosion by the judiciary, executive and legislature. ‘Liberty is ill in Britain’ YET this is the land of the free. Judges are being given more power YET they failed to use their existing powers to stop the decay of liberty. The HRA is said to be a weak sedative to a terminal condition. Although the act exists, the courts are limiting its application in a number of ways. Courts can interpret legislation with effect to the convention rights (s3) but they are using this interpretative obligation too narrowly. They have the power to make declarations of incompatibility (s4)but they are reluctant to use this power. Although these judicial failures are acknowledged, they are not addressed. Despite the incorporation of convention rights, the domestic courts continue to follow their previous approach in times of crisis. As a result Convention rights cannot stop the unstoppable state powers, including police stop and search warrants. In times of emergency the courts do not and will not protect the individual from the state. It will take more than the incorporation of convention rights to change the judicial role Solutions of HRA The HRA is a piece of legislation and not entrenched like the Bill of Rights (â€Å"BOR†) in USA therefore, as with any act of Parliament, could be repealed. Although in reality ramification could be an issue as rights under the signed Convention have now been greatly highlighted to citizens. After nearly two hundred years of debate over the UK having an ‘entrenched’ BOR the HRA was introduced, in lieu of Labour’s ‘second stage BOR commitment’ receding.   The then Home Secretary, Jack Straw, described it as â€Å"the first BOR this country has seen for three centuries†. The New York Times heralded the Act’s arrival with the headline â€Å"Britain Quietly Says it’s Time to Adopt a Bill of Rights† commenting that, finally, â€Å"ordinary Britons† will have a set of fundamental rights â€Å"similar to those guaranteed by the [US] Bill of Rights†. Conservative belief was that an entrenched BOR would be lethal for the doctrine of ‘parliamentary sovereignty’ as one Parliament will be able to bind its successor, traditionally not practiced. Contradictorily, the original English BOR of 1689 established the concept of parliamentary sovereignty by curbing the powers of the Crown. However, David Cameron, also conservative, has for many years been campaigning for the introduction of a British BOR. It had been brushed under the carpet for 18yrs until the Labour Party came into power. Labour were in favour of constitutional reform resulting in the Constitutional Reform Act 2005. The late Labour leader, John Smith, had committed his Party to support a British BOR in February 1993 as part of proposals to â€Å"restore democracy to our people – for what we have in this country at the moment is not real democracy; it is elective dictatorship†. Smith stated that â€Å"the quickest and simplest way† of introducing â€Å"a substantial package of human rights† would be to pass a Human Rights Act â€Å"incorporating into British law the European Convention on Human Rights,†. Our government, but not our courts, were bound by the ECHR since the post-war Atlee government ratified the ECHR in 1951. In 2008 Cameron spoke out saying that the HRA has become a ‘villains charter’ and should be scraped as criminals and terror suspects were using it as a shield, claiming   their rights were being violated whilst in custody. The Police also showed reluctance to publish pictures of wanted criminals for fear of breaching right of privacy. This notion was backed by the then Justice Secretary Jack Straw, a key architect in the creation of the HRA during the height of Labours Constitutional reform period. Both have criticised ‘nervous’ judges for failing to interpret the HRA adequately, for example not deporting terror suspects despite having the backing of ministers saying it was of national interest to do so. Home Secretary at the time Jacqui Smith also reinforced the notion that the HRA had made it difficult for their removal. Cameron’s call for a British BOR envisaged judges to ‘operate on principles of proportionality’.   Straw wants to keep the HRA but wants a rebalance of the rights set out, citizens to ‘obey law and be loyal to the country’. Cameron’s viewpoint was that an entrenched BOR, giving citizens broad outlines to entitlements and values, would insure that citizen’s rights would be guarded and not be subjected to repealed or changed with ease, as is the case with any act of Parliament. He believed it would also restore supremacy of Westminster over laws that seemed to have been imposed by Europe. Conclusion In reality Dicey’s view, which promotes the common laws central role in protecting ‘liberties’, and Parliament Acts both run parallel in the protection of human rights. In conclusion the Human Rights Act 1998 is a definite good first step towards a Bill of Rights, a possible second step in adopting a Bill of Rights would be to partly entrench ECHR so that it can be treated in the same way as EU law is today. Bibliography The Politics of the Common Law Perspectives, Rights, Processes, Institutions Adam Geary, Wayne Morrison and Robert Jago. Routledge-Cavendish ISBN 13: 978-0-415-48153-3 (pbk) Learning Legal Rules Sixth Edition James Holland and Julian Webb Oxford University Press ISBN 978-0-19-928250-0 Daily Mail 8 December 2008 Cameron will scrap Human Rights Act in campaign for UK Bill of Right dailymail.co.uk/news/article-1092716 Daily Mail 17 April 2011 Cameron was right: We need a Bill of Right By Geoffrey Robertson dailymail.co.uk/debate/article-1377729 Civil Liberties Law: The Human Rights Act Era. Noel Whitty, Therese Murphy and Stephen Livingstone. Butterworths ISBN 0-406-55511-7 INTRODUCTION TO THE STUDY OF THE †¨LAW OF THE CONSTITUTION Eight Edition A. V. Dicey Oxford, 1914 constitution.org/cmt/avd/law_con.htm Westlaw UK THE STUDY OF PARLIAMENT GROUP Paper No. 1 Alexander Horne Home Affairs Research Section, House of Commons The Changing Constitution: A Case for Judicial Confirmation Hearings? With a foreword by Sir Ross Cranston FBA spg.org.uk/spg-paper-1.pdf Lexis Library UK Research and Library Services Northern Ireland Assembly Research Paper 05/02 Revised February 2002 NORTHERN IRELAND BILL OF RIGHTS CONSULTATION: BACKGROUND AND COMPARATIVE INFORMATION niassembly.gov.uk/io/research/0502.pdf Civil Liberties and Human Rights Third Edition Helen Fenwick ISBN 1-85941-493-1 House of Lords House of Commons. Joint Committee on Human Rights. A Bill of Rights for the UK? Twenty–ninth Report of Session 2007–08 Published on 10 August 2008 by authority of the House of Commons London: The Stationery Office Limited publications.parliament.uk/pa/jt200708/jtselect/jtrights/165/165i.pdf Constitutional Administrative Law Seventh Edition Hilary Barnet Routledge-Cavendish ISBN10: 0-415-47312-8 (pbk) House of Commons Library. European Court of Human Rights rulings: are there options for governments? Standard Note: Last updated: Author: Section SN/IA/5941 18 April 2011 Vaughne Miller International Affairs and Defence Section parliament.uk/briefingpapers/commons/lib/research/briefings/snia-05941.pdf THE LAW COMMISSION (LAW COM No 323) ANNUAL REPORT 2009–10 The Forty-Fourth Annual Report of the Law Commission Laid before Parliament pursuant to section 3(3) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 29 June 2010 official-documents.gov.uk/document/hc1011/hc01/0127/0127.pdf Human Rights Act 1998 ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/humanrights?view=Binary United Nations website un.org/en/documents/udhr/index.shtml The Equality and Human Rights Commission 2009 ISBN 978-1-84206-223-4. A Bill of Rights: Do we need one or do we already have one? Professorial Research Fellow Francesca Klug 2 March 2007 Irvine Human Rights Lecture 2007, University of Durham, Human Rights Centre (To be published in Public Law, Winter 2007) www2.lse.ac.uk/humanRights/articlesAndTranscripts/Durham07_Klug.pdf ALBA SUMMER CONFERENCE 2010 THE HUMAN RIGHTS ACT: THE GOOD, THE BAD AND THE UGLY Richard Clayton QC adminlaw.org.uk/docs/SC%202010%20by%20Richard%20Clayton.pdf The Guardian Newspaper Liberty’s response to the Joint Committee on Human Rights: â€Å"A British Bill of Rights† August 2007 liberty-human-rights.org.uk/pdfs/policy07/response-to-jchr-re-british-bill-of-rights.pdf Telegraph, â€Å"David Cameron: Scrap the Human Rights Act†, 24th August 2007 Human Rights Bill [H.L.] HL Deb 25 January 1995 vol 560 cc1136-74 http://hansard.millbanksystems.com/lords/1995/jan/25/human-rights-bill-hl The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence. Introduction The HRA 1998 has had little impact upon protecting the basic liberties of British subjects and could be repealed without any consequence. IntroductionBibliography:Related Introduction The protection of rights and freedom of citizens and others within their jurisdiction is a basic duty of the state. In a majority of democratic states, fundamental rights are defined and protected through a written constitution. Under the United Kingdom’s, uncodified constitution, rights and freedoms have traditionally been protected either by Acts of Parliament often passed to meet particular needs or propagated by sudden needs of society or by the judges in developing the common law. One response to the ravages of the Second World War was the formation of the Council of Europe.Europe was one of the principal theatres of the Second World War, following which there was felt to be a great need for European political, social and economic unity. These objectives were perceived to be promoted, in part, by the adoption of a uniform convention designed to protect human rights and fundamental freedom. In 1949, the Council of Europe was established and the convention on human rights ratified by signatory states in 1951, coming in to force in 1953. Despite having been instrumental in the drafting of the text of the convention, the British government had strong reservation about the Convention and its impact on British constitutional law. As a result of this reservation, the British government remained reluctant, until 1997, to make the Convention rights directly enforceable before the domestic courts. Accordingly, until the Human Rights Act 1998, the Convention rights could only be enforced before the court of Human Rights in Strasbourg. It came into effect in England and Wales in 2000 but Convention rights were enforceable in Scotland from 1998 under the Scotland Act 1998 and in Northern Ireland under the Northern Ireland Act 1998 The incorporation of Convention rights into domestic law under the 1998 Act put an end, finally to the debate of transposition of these rights which had endured for decades. That long running debate focused on 3 principal concerns, namely the criticism that the convention is outdated and not tailored specifically to British conditions, that the Judiciary was ill equipped to assume the mantle of guardian of the Individual rights in the face of Executive power and the concept of Parliamentary Sovereignty and concerns over manner in which incorporation would effect the conventional balance of power between judges and Parliament. There was also the argument that the House of Commons, the democratically elected representative body of the people, was best equipped to respond to the better protection of rights. The effect of the Act is such that three avenues for challenging public bodies arise; first, a failure to comply with Convention rights now forms the basis for legal action. Secondly, a new ground for judicial review has been introduced namely the alleged breach of human rights. Third, convention rights may in some circumstances be used as a defence to actions brought by public bodies. The Act provides a charter of rights now enforceable before the domestic courts. theist effectiveness however rests on the course of action on which the judiciary embarks upon.   The judges have to have a willingness to defend Convention rights to protect individuals preventing the government’s encroachment to the greatest extent possible. Moreover the judges need to ensure compliance with declarations of compatibility with Convention rights   to ensure compliance with declarations of compatibility with Convention rights and the energy with which individual citizens are prepared to assert their rights in courts of Law. The Act, in the government’s view, was intended to provide a new basis for judicial interpretation of all legislation; not a basis for striking down any part of it. However, notwithstanding the careful drafting of the HRA in order to preserve sovereignty the judges appear to be developing the concept of the constitutional statute; one constitutional statute, one consequence of which is that the doctrine of implied repeal does not operate and only express intention to amend or repeal the Act will have effect. Section 2 of the HRA requires that the domestic courts to take into the account, interalia judgments of the court of Human Rights. This does not however mean that the courts are bound to follow slavishly such judgments. The issue was central to the case of Kay v Lambeth. The primary focus of the convention rights is on public authorities. HRA 1998, S.6 (1) states: â€Å"It is unlawful for a public authority to act in a way which is incompatible with a convention right.† S.6 (3) states: â€Å"Any person certain of whose functions are functions of a public nature.† The definition of the public body was considered by the Court of Appeal in R v Leonard   Cheshire Foundation (2002). Although some bodies are clearly public authorities such as government departments, local authorities, the police, the Inland Revenue and others who have no private function, the Act does not define ‘public authority’ The restrictive approach of the Courts, illustrated most starkly by the Leonard Cheshire case and the YL case has been subjected to strong criticism by the Joint Committee on HR in the meaning of Public Authority under the HRA. The Committee highlights the implications of the narrow interpretation of public bodies for a range of particularly vulnerable people in society. The Committee endorsed the view that the key test for whether a body exercised a public function should be whether the relevant function is one for which the government has assumed responsibility in the public interest. It should not depend on whether the body is acting under statutory authority or under contract. The Committee considered that the current position is unsatisfactory and unfair and continues to frustrate the intention of Parliament. S.3 HRA requires the courts to interpret primary and subordinate legislation in a way which is compatible with the Convention, so far as it is possible to do so. The House of Lords in R v A 2002 laid down the basis for the reinterpretation of a statutory provision to make it compatible with convention rights which was followed in Ghaidan v Godin Mendoza   2004. Declarations of incompatibility are regulated by s.4, which provides that if a court is satisfied that a provision of primary or subordinate legislation is incompatible with one or more convention rights, it may make a declaration of incompatibility and s.5 of HRA 1998 confers on a minister the right to be heard. The purpose of s.5(2) is to ensure that the appropriate minister has an opportunity to address the court on the objects and purposes of the legislature in question and any other matters which might be relevant. Article 13 of the Convention which provides that everyone shall have an effective remedy before a national authority has deliberately not been incorporated. Instead, s.8 provides that, where a court finds that a public authority has acted unlawfully, it may grant â€Å"such relief or remedy, or make such order within its jurisdiction as it considers just and appropriate. Accordingly, courts and tribunals may only award as remedy which is within their statutory powers. Damages may only be awarded by a court which has power to award damages or to order the payment of compensation in civil proceedings and no award of damages is to be made unless, taking in to account all the circumstances of the case and any other relief or remedy available, the court is satisfied that the award is necessary to afford just satisfaction to the complainant. The HRA introduced a disturbance or a perturbation in the judicial practice of precedent is testified by the case of R v Lambert and R v Kansal .   However this dilemma was put to rest in these cases when it was suggested that the interpretative powers given to the judiciary should not be exercised retrospectively. Lately an escalating debate has been witnessed against the HRA. These controversies provide an important backdrop to the legal developments in this field. The Prime Minister has frequently challenged the value of the European Court of Human Rights and the HRA criticizing the Act. Deportation of terrorists and the threat they pose to national security has been a prevalent practice which has been a flagrant breach of the rights granted under the Convention. The Conservative Party in the UK has even proposed to scrape off the Act and replace it with a complete UK Act which shall preserve public interest and national security policies more than any regional or international pacts. In July 2006 the Department of Constitutional Affairs (DCA) published its review of the Implementation of the HRA. It considered the development of substantive law and decided that HRA had no significant impact on criminal law and that the HRA’s impact on counter terrorism legislation arose from the decision of the ECtHR rather than the HRA itself. The review opined that in other areas the HRA had had a beneficial impact and had not significantly altered the conational balance between Parliament, the Executive and the Judiciary. The Review also concluded that the HRA had not affected the outcome of the cases largely as the Convention rights might not be directly related to the facts of the case or interference with the Convention rights might be justified or a similar right might already be recognized by common law. The Review canvassed various options for the future. The Government had ruled out with drawing from the European Convention on Human Rights or repealing the HRA. It would be possible, however, to amend the HRA using the margin of appreciation to require the courts to give particular respect to public safety in a similar way to ss.12 and 13 in relation to freedom of expression and freedom of thought. The Government also proposed to take a more proactive, strategic and coordinated approach to HRA litigation. By studying HRA, all law subjects are now open to a human rights analysis and the next few years will see the application of those principles tested to the fullest. Many cases to date have received widely spread publicity, not surprisingly given that many of the big human rights case raise issues that are politically or morally contentious and often emotionally charged: for example the Art 8 rights to privacy of Venables and Thompson, the convicted murders of toddler Jamie Bulger. The Art 5 rights of those alleged to be supporters of terrorism. A and others v Secretary of State for Home Department and the rights and wrongs of assisted suicide in cases of terminal illness or life threatening disability, R v DPP, exparte pretty 2001. the rages of cases is ever increasing as these new principles are tested. After the non binding Universal Declaration of the HRA, many global and regional human rights treaties have been concluded. Critics argue that these are unlikely to have made any actual difference in reality. Others contend that international regimes can improve respect for HR in state parties, particularly in more democratic countries or countries with a strong civil society devoted to Human Rights and with transnational links. The finding suggest that rarely does treaty ratification have unconditional efforts on HR. instead, improvement in human rights is typically more likely the more democratic the country or the more international nongovernmental organizations its citizens particular in. Conversely, in very autocratic regimes with weak civil society, ratification can be expected to have no effect and is sometimes even associated with more rights violation. Bibliography: A. Barnett, H., M. Diamantides, Public law (Guide), (London: University of London Press, 2007) A. Edward, Richard, Judicial Defence under the Human Rights Act, The Modern Law Review, Vol. 65. No. 6, (Blackwell Publishing, 2000). Barnett, Hilaire, Constitutional Administrative Law,(London: Routledge. Cavenish taylor Francis Group, 2009). Clayton, Richard, Eurpion Human Right Law Review (2007). De Beats, Antoon, The impact of the Universal Declaration of the Human Right on the study of History, History and theory, Vol. 48, No. 1 (Blackwell Publishing, 2009). Gearey, Adam, Wayne and Robert Jago, the Politics of the Common Law,(London:   Routledge. Cavenish Taylor Francis Group, 2009) Holland, James, Julian Webb,Learning Legal Rules, Sixth Edition, (London: Oxford University Press, 2006). Kavanagh, Aileen, The Role of Parliament Intention in Adjudication under the Human Right Act 1998, Oxford Journal of Legal Studies, Vol. 26, No. 1,(London: Oxford University Press, 2006).

Tuesday, November 5, 2019

In Order To or So That in Spanish

In Order To or So That in Spanish Phrases such as in order to, so that, and with the aim of are known as subordinators of purpose - and there are several ways to get across those ideas in Spanish.   Using Para and Para Que for In Order To The most common Spanish subordinator of purpose is the conjunction para or the phrase para que, as in the following examples: Come para vivir, no vive para comer. (Eat in order to live, do not live in order to eat.)Para perder peso, tiene que reducir la cantidad de calorà ­as en su dieta. (In order to lose weight, you have to reduce the number of calories in your diet.)Haga click en la foto para conocer los à ºltimos trabajos de este artista. (Click on the picture in order to learn more about the final works of this artist.)Voy a hacer una lista para que no olvides mis cosas. (Im going to make a list so (or so that) you dont forget my things.)Para que comprenda lo que quiero decir, primero permà ­tame advertirle. (In order to understand what I want to say, first let me tell you.)Tambià ©n se le debe ofrecer agua para que beba. (You can also offer him water so (or so that) he can  to drink.)Hay muchos trucos para que cocinar sea ms fcil. (There are many tricks so that  cooking is easier.) Note that in most cases you the same Spanish translation works for either in order to or so (that). As in the above examples, para que is followed by a verb in the subjunctive mood, while para standing alone is followed by an infinitive. Also, you may notice that when the para infinitive construction is used, the person performing both actions is the same, while when para que subjunctive is used, the persons are different. See the difference in these simple examples: Trabajo para comer. (I work so that I eat.)Trabajo para que comas. (I work so that you eat.) This rule isnt always strictly followed. It is possible under some circumstances to use para by itself when there is a shift of doer, or (more often) to use para que when theres not. But the method given here is the most common and also the easiest for foreigners to use if they wish to keep from making grammatical blunders. Other Spanish Subordinators of Purpose Here are some examples of other Spanish subordinators of purpose (in boldface): Salieron a cazar por el dà ­a. (They left in order to hunt for the day.)Llegan a comer mariscos. (They came in order to eat seafood.)Llame al oficina a defin hablar confidencialmente con un asesor. (Call the office in order to speak confidentially with an advisor.)A fin de que su aplicacià ³n sea à ºtil, las correlaciones encontradas deben ser tan poco obvias que parezcan ilà ³gicas. (In order for your application to be useful, the correlations found ought to be so inobvious that they seem illogical.)Fueron a las ruinas con el fin de aprender ms. (They went to the ruins with the goal of  learning more.)Con el fin de que el turismo pueda ser una actividad sostenible, es fundamental que se adopten cà ³digos de conducta. (In order for tourism to be a sustainable activity, it is vital that codes of conduct be adopted.)Con objeto de controlar la produccià ³n agraria, se prevà ©n sistemas de cuotas. (In order to control farm production, quota systems are being planned.)Con objeto de que los grupos sean lo ms homogà ©neos posibles, rogamos que no participen los desempleados. (So that the groups are as homogenous as possible, we ask that unemployed persons not participate.) As you might have guessed, the differences between a fin de and a fin de que, and between con objeto de and con objeto de que, are similar to the differences between para and para que. Phrases such as con el fin de and con objeto de are more common in Spanish and less stuffy-sounding than English equivalents such as with the purpose of.

Sunday, November 3, 2019

Operational planning - arts and events management Assignment

Operational planning - arts and events management - Assignment Example This organisation is a non profit organisation governed by a board of directors who represent key stakeholders who provide a significant amount of funding such as; the local authority, the Arts council, EU Social Development Fund, two national banks, and two charitable trusts who are concerned with groups of people that are socially excluded. These four key points will be discussed through a number of imperative sources such as the most recent government census 2001 that can be found over the internet as well as websites such as, upmystreet.com and mintell.com. This will then help to compile a detailed plan of strategic objectives that will then be used by the 'Theatre Royal'. The various elements of operational planning have been discussed as part of the case study of Theatre Royal. It may be seen that the various aspects of operational planning have been tied together under the various headings as follows. Berkshire Sub-Region Context Map (refer to Appendix 1.0) shows Reading just to the west of the city of London. As you can see Reading is a prime location for any already existing or new organisations, as it has easy access to top motorways in the south west of England such as the M3 and M4 giving easy access to the M25. The location is also within 25 minutes drive from one of Europe's largest trading estates fuelling many new jobs in southern England in the town of Slough. Reading is a very multicultural town consisting mainly of Christians (62.63%) however there are many others from a number of religious backgrounds such as Muslims (4.0%), Hindu's(0.99%), and people who state themselves as having no religion (22.0%), (Refer to Appendix 1.1). The total population of Reading is 143,069 people and of these 129,900 people were born within Europe and 123,080 of these originated in the UK. The population sets in Reading consist of various ethnicities and age groups. Furthermore there are 6,196 people from Asia and 3,632 people from Africa. There are also small minority groups within the Reading area as only 5 people are from Western Europe (Luxembourg), 11 from Western Africa in Congo and 17 people from Oceania (for further statistics refer to Appendix 1.2). This

Friday, November 1, 2019

Case study Example | Topics and Well Written Essays - 250 words - 109

Case Study Example Ritz Cal-ton maintained its status in luxury services by introducing the loyalty program that induced customers. The redemption of point obtained from such program attracted more customers than available services and the experience. Ritz-Cal-ton further introduced the frequent guest stay program to stay ahead of competitors. This they did to satisfy the need of their customer and even attract more. The program also fitted the business and it could offer excellent programs through their branches in various continents. They went further by offering airline flights, and a broad selection of unique flight experiences. Competitors did not offer these services at that time that made Ritz Cal-ton to stay above them. In addition, the partnership of Ritz-Cal-ton reward program and Marriott’s reward points being accepted in Ritz-Cal-ton properties and equally accepted in Marriot hotels. Looking at the past and comparing to present, most of previous luxuries have become necessities in luxury brands. Luxury brands should find a way of providing their customers with what they consider as most unattainable now to stay above competitors. Luxury brands like Ritz-Carl-ton should work on improving experience of their customers every time (Jonas and Coste-Manière, 6). Coussement, Martha A., Tanyatanaboon, Maneenuch., Li, Zhouyang., Shportko, Anastasia, and Miao, Li "A Strategy of Duality: New choreography for the Marriott/Ritz-Carlton dance." Journal of Hospitality & Tourism Cases 3.2 (n.d.): Case study Example | Topics and Well Written Essays - 1750 words - 6 Case Study Example The other risk faced by contractors in the construction sector is the challenge of identified an efficient subcontractor to help in the completion of the project and who can deliver on time. Most construction projects have a time line and the services of subcontractors important in completing the project on time. However, poor planning can result in a delay to complete the project and this also result in additional costs for the contractor in case the contract signed a fixed price contract. In a fixed price contract, the risk remains with the contractor and as a result, the project manager and the team working in the construction project need to conduct an extensive risk assessment to ensure that risks during the progress of the project are minimal. This is because in such a contract, unforeseen risks related to a project often remain on the side of the contractor (Adams, 2008). This paper examines the failures in the construction of Wembley stadium and how and an effective risk mana gement process can be used to avoid such failures. Wembley stadium is in England and mostly used for football matches and was first constructed in 1923. However, as a result of its dilapidated nature, the government decided to rebuild the stadium to replace the original one. As a result of poor planning, the project took longer to complete than previously expected. In addition, the cost for completing the project also increased compared to the initial estimates. The design of the stadium proposed by the winning bidder involved using steel arch, which added an aesthetic value to the stadium in addition to being a load bearer. This means that the structure did not need many internal support considered to obstruct the stadium’s view. The arch was also believed to improve the seating quality within the stadium. However, this design had