Separation of Powers in U.S. Government Essay Example

Separation of Powers in U.S. Government Essay The Founding Fathers of the early American Constitution examined various political and modern theories as their guide in establishing a government that truly supports their aims and aspirations as a people who wish to be rid of the destructive clutches of the British Empire, one of which is the principle of separation of powers advanced by Baron de Montesquieu.This paper will examine the concept of separation of power and its evolution since the start of the Philadelphia Convention in 1787 up to the present.Separation of PowersThe concept of separation of power as theorized by Baron de Montesquieu states that the â€Å"legislative, executive, and judicial power function of the government—the power to make laws, the power to carry out laws, and the power to uphold the laws—should rest with the different branches of government† thus, reducing the possibility of tyranny. (Johnson, Aldrich, Miller et al, 1990, 45). In the adoption of a Federal government in 1787†™s American Constitution, de Montesquieu’s theory of separation of power was approved, thus, drawing line separating the powers held by each of the branches of government.The three branches of government were allocated with its own powers some of which are shared among them. The system was designed to reduce the risk of abusing its power by a single branch acting independently from the other branches. According to Johnson et al (1990, 51) no branch can carry out its powers without some degree of cooperation from the other branches.In a dissenting opinion of Justice Louis Brandeis in Myers v. United States,272 U.S. 52, 293 (1926) opined that the â€Å"separation of powers was adopted by the Convention of 1787, not to promote efficiency, but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of governmental powers among three departments, to save the people from autocracy. †It is this concept that minimizes the risk of one branch to completely take over the government or stray too far politically from the other branches making this design as a   key factor in the Constitutions’ survival, assuring evolution in government rather than revolution.Though this was the case, due to Constitutional provisions couched in general terms, tensions and conflicts regarding individual interpretation by the branches arise.The Constitutional ProvisionsThe American Bar Association painstakingly listed the power of each branch and its relation to the other branches.There are various provisions in the Federal Constitution that outlines the blending power of the check and balance or the separation of powers.The first three Articles found in the Constitution define the powers of each branch. Article 1 defines Congress’ powers; Article II defines the Executive branch’s power; and the Judicial Power is defined in Article III.Federal JudiciaryAlexa nder Hamilton’s The Federalist Paper revealed that among the three branches it is the judiciary that is the least powerful branch. A lifetime tenure and good behavior as well as a guaranteed salary is the Constitution’s protection for the judiciary to maintain its independence. The judiciary possess the power of judicial review of all actions taken by executive or Congress. It was in a landmark case of Marbury v. Madison (1803) that the judicial review, as a power of the Courts, was first exercised and it was also in this case that Supreme Court first coined the word and established its presence as a formidable branch in the Federal System.   The judicial power is a passive power for it needs cases and controversies brought before the court for it to exercises such power (Separation of Power, n.d.).The judicial power of individual judges is limited to the following: â€Å"[j]udges must explain their decisions in written opinions; [j]udges most follow the precedents established by the decisions of higher courts; and [j]udges decisions are subject to review by courts of appeals† (Separation of Power, n.d.).The executive and legislative branches possessed the following powers to check or balance the power of the judiciary. The following: [t]he federal courts are staffed by judges nominated by the President; [t]he courts rely upon the executive branch for enforcement of their decisions; [c]ongress has control over the judiciarys budget (although it cannot reduce a judges salary); [c]ongress has the power to impeach federal judges who misbehave in office; and [c]ongress may begin the process of amending the Constitution if it disagrees with the judiciarys interpretation of the Constitution† (Separation of Power, n.d.).CongressIn Congress, the Constitution provides numerous powers, to wit: budgetary power, â€Å"including the authority to raise taxes, borrow money, and spend money; [p]ower to declare war and to raise and support militar y forces; [p]ower to regulate immigration, the mail, patents and copyrights, and commerce between the states and with foreign countries; and [p]ower to establish federal courts below the United States Supreme Court.† Also, the â€Å"Constitution provides that Congress has the power to pass any law necessary and proper to give effect to its named powers (Separation of Power, n.d.).Congress’ power could be checked through the Presidential veto on any proposed legislation; and the Supreme Court’s power to review the constitutionality of a law if it is challenged in a case brought before the Court.The ExecutiveAside from the oversight power to federal agencies that implement the passed law of Congress, the Executive through the President possessed the following powers: â€Å"[p]ower as Commander in Chief of the armed forces; [p]ower to make treaties, nominate judges to the federal judiciary, and appoint officers of the government, subject to the advice and consent of the Senate; and [p]ower to pardon individuals convicted of federal crimes.†The Congress and the Court could check the Executive through the following modes: â€Å"[t]he Senates power to ratify treaties the President has signed and to consent to the Presidents nominees for federal judgeships and other government positions; â€Å"[t]he power of Congress to impeach and convict the President for ‘treason, bribery, or other high crimes and misdemeanors;’ [t]he federal judiciarys power to declare executive actions unconstitutional if they are challenged in court† (Separation of Power, n.d.).The Conflict Surrounding the Separation of PowersJames Madison’s Federalist Paper No. 51 stated that [a]mbition must be made to counteract ambition.  Thus, the concept of separation of powers is not designed to maximize efficiency but rather to maximize freedom.Through the years various conflicts were witnessed by the American People on the issue of separation of powers which stem from the various interpretations of the branches concerned on a given Constitutional provision, couched in general terms, prone to abuse.Executive EncroachmentTwo views on the â€Å"executive powers have been articulated by past presidents.   One view, the strong president view, favored by presidents such as Theodore Roosevelt essentially held that presidents may do anything not specifically prohibited by the Constitution.   The other, weak president view, favored by presidents such as Howard Taft, held that presidents may only exercise powers specifically granted by the Constitution or delegated to the president by Congress under one of its enumerated powers† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).In the case of â€Å"Youngstown Sheet ; Tube Co. v Sawyer (1952) arose when President Harry Truman, responding to labor unrest at the nations steel mills during the Korean War, seized control of the mills.†   In a close de cision, the Supreme Court held that the President’s power is not limited to those powers expressly granted in Article II.  In the case of Dames and More v Regan (1981) â€Å"considered the constitutionality of executive orders issued by President Jimmy Carter directing claims by Americans against Iran to a specially-created tribunal. The Court, using a pragmatic rather than literalist approach, found the executive orders to be a constitutional exercise of the Presidents Article II powers† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Congressional EncroachmentsIn INS v Chadha (1983), the Court declared the resolution passed by Congress to nullify by resolution a disapproved action by an agency of the executive branch for its failure to comply with the requirements for legislation spelled out in Article I, Section 7 of the Constitution.  In Bowsher v Synar (1986), the Court invalidated a provision of the Balanced Budget Act that authorized the U.S. Comptroller General to impound funds appropriated for domestic or military use after the determination of a deficit by the federal budget   . The Court reasoned that by allowing the US Comptroller General is in [the] essence [of] a legislative veto.   Morrison v Olson the Court considered the constitutionality of the Independent Counsel (or special prosecutor) provisions in the Ethics in Government Act as not â€Å"an attempt by any branch to increase its own powers at the expense of another branch, and that the executive branch maintained meaningful controls over the counsels exercise of his or her authority† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Executive Privilege and ImmunitiesExecutive privilege, the right of the President to withhold certain information sought by another branch of government, was first claimed by President Jefferson in response to a subpoena from John Marshall in the famous treason trial of Aaron Burr.   The Supr eme Courts first major pronouncement on the issue, however, did not come until 1974 in United States v Richard Nixon, which involved the Watergate Scandal. The Court held that   the Constitution does indeed contain an executive privilege which was presumptive and not absolute.   Balancing the interests in the Nixon case, the Court opined that the privilege do not   extend to the requested Watergate tapes   Finally, in Clinton v Jones (1997), the Court rejected President Clintons argument that the Constitution immunizes   him from suits for money damages for acts committed before assuming the presidency.   The case arose when Paula Jones filed a suit alleging sexual harassment by Clinton in an Arkansas hotel room in 1991 while Clinton served as Governor of Arkansas† (Exploring Constitutional Conflicts: The Separation of Powers. n.d).Congressional Immunity under the Speech and Debate ClauseThe Federal Constitutional Framers â€Å"sought in various ways to guarantee the independence of each of the three branches.   The President was protected against criminal prosecutions while in office, answerable only in an impeachment trial with a super-majority required for a conviction.   Members of the federal judiciary were given lifetime tenure, with a guarantee that their compensation would be maintained.   To ensure free discussion of controversial issues in Congress, the framers immunized members of Congress from liability for statements made during a House debate:   for their ‘speech or debate’ they shall not be questioned in any other place. In 1979, in Hutchinson v Proxmire, the Court considered whether the immunity for Senate and House debate extended beyond the floor to cover press releases and statements released to the media.   The Court concluded that the Speech and Debate Clause protected only official congressional business, not statements for public consumption† (Exploring Constitutional Conflicts: The Separat ion of Powers. n.d).Congressional Encroachment on  Judicial Powersâ€Å"In Ex Parte McCardle (1868) the Court decided it lacked jurisdiction to consider the habeas corpus petition of William McCardle, a Vicksburg, Mississippi newspaper editor arrested by military official for writing incendiary editorials about the federal officers then in control of Mississippi during Reconstruction.   Although McCardle made his petition under the 1867 Habeas Corpus Act, Congress repealed the provision authorizing McCardles petition AFTER the Court had heard arguments in his appeal.   Although it was obvious that Congress repealed the provision in an attempt to specifically deprive McCarldle of the opportunity to gain release from military custody, the Court nonetheless upheld the validity of the Act and found itself without jurisdiction â€Å"(Exploring Constitutional Conflicts: The Separation of Powers. n.d).ConclusionThe concept of the Separation of Power has created a dynamic, vibrant a nd dynamic democracy such as that of the United States. It provides powers for each of the branches and these powers were to be used not in isolation but in collaboration with other branches.This concept maintained our individual freedoms from the tyranny or abuses that could be wrecked by any of the three branches in our government.Indeed, James Madison’s Federalist Paper No. 51 is enlightening when he stated that [a]mbition must be made to counteract ambition.  Thus, the concept of separation of powers is not designed to maximize efficiency; but designed to maximize freedom.

Pit Bulls Man’s Best Friend Professor Ramos Blog

Pit Bulls Man’s Best Friend Did you know that chihuahua’s are considered the most aggressive dog breeds in the world? I know what you’re thinking; â€Å"yeah right pit bulls are the most aggressive†. This is a common misconception and there has been plenty of studies to prove otherwise. The most recognized of these studies is conducted by the American Temperament Test Society (ATTS). They have tested countless dogs chihuahua’s are always the most aggressive, even with proper training. I know there is a very large group of people in this world that think pit bulls are dangerous and aggressive and I am here to change their minds and come up with a solution to prevent this unfair and negative stigma. Here is my solution; We can change the stigma behind pit bulls by teaching people that dogs are not born evil. It is all about how we raise our dogs. If we can teach people how to properly raise and socialize a pit bull (or any dog), we can stop the stigma. I am going to tell you a true sto ry and follow it with a statement from the ASCPA before I move into details pertaining to my solution. The story and statement will show pit bulls are not aggressive dogs. Nana Chai was getting ready to go to sleep, she just put her 7-month-old to sleep in her crib in the other room. As Nana was about to get in bed, she heard her dog, a Pitbull named Sasha scratching the back door. Nana was worried because Sasha didn’t usually scratch at the door, so she let her in. Sasha started barking wildly at Nana and alerted her that there was a fire. Nana started rushing to the baby’s room, but Sasha was already there. â€Å"Nana found Sasha trying to get the baby to safety, she was pulling her by her diaper to try and save her from the fire.† (Caitlin Nolan) Nana and her baby Masailah both lived and did not sustain any injuries. The reason that they were okay was because of their pit bull Sasha, the dog gave Nana enough time to be alert and ready for the fire. If Nana had believed the stigma concerning pit bulls, she may not have owned Sasha, in which case she may not have escaped the fire. This example shows that pit bulls can be caring an d protective dogs. Now, let’s review the statement by the American Society for the Prevention of Cruelty to Animals (ASPCA). In summary, the statement defines what a â€Å"pit bull is†, it explains that they are â€Å"descendant of the original English bull-baiting-dog.† (ASPCA) When animal baiting was outlawed people started fighting their English bull-baiting-dogs. Eventually people started to breed them with smaller breeds such as terriers in order to make them more agile and capable of fighting. It is important to note that, the dogs people bred were meant for fighting other dogs. If the dog showed hostilities towards a human, they were generally put down and no longer breed as it could have caused future lines to be aggressive towards humans. According to the statement made by the ASPCA â€Å"the reality is that dogs of many breeds can be selectively bred or trained to develop aggressive traits†. This shows us that specific dog breeds are not just born aggressive, they need to be bred or trained or even beaten into being aggressive. Dogs are similar to humans; they each have their own personalities. They learn from their experiences and they grow and change depending on them.   Unfortunately, since pit bulls are seen as mean dogs, people often raise them to be aggressive dogs and when these poorly raised dogs attack, it fuels the stigma. Let’s move into how to properly raise and socialize a dog and the outcome of doing so. It is important to know that socialization and proper training is effective for any dog and not just pit bulls. If any breed of dog is improperly raised it has the same risk to turn aggressive or to â€Å"act out† at times. Socialization means to socialize (interact) the dog with other dogs and people. According to a recent study (2015) on socialization practices on adult behavior â€Å"Dogs that are appropriately socialized as puppies are less likely to exhibit behavioral problems as adults, including aggression and fearfulness† (Howell et al.). This shows the importance of starting proper socialization at a young age. It is much harder to take an adult dog and socialize and train him, especially if they are already aggressive. I know your probably wondering, well how do we â€Å"properly socialize† a dog. There is a plethora of ways to do this, but here is some of the most effective. First you want to expose the dog to people and other animals from an early age . The more they get to be around and play with people and animals the more they get used it. It is imperative to allow your dog to touch you and other animals. This will help them see that they do not need to fear or fight people and animals. Second, you just need to be nice to the dog. Don’t beat the dog for every mistake it makes and be sure to reward the dog when they do good. If they go poddy inside, scold them and put them outside. If they listen to a command you give, reward them. As the dog grows older and is no longer a puppy you still need to continue with proper socialization and training. You won’t need to do it as frequently, but you can’t just abandon it when they are no longer a puppy. A study conducted by Dept. of Veterinary Medicine, Cambridge England at the Pfizer breeding colony in the United Kingdom tested socialization and training techniques and outcomes in â€Å"teenage dogs† (1-3 Years). The study was conducted for one year and they had separate control groups which consisted of, properly raised and improperly raised dogs. It was found that â€Å"dogs given increased human socialization were more approachable then dogs from the other groups† (Hubrecht). After one year of study the dogs from both groups has improvement from where they started. The dogs that were in the group that had already been trained did have much better results. As I have said, all dog breeds are equal when it comes to aggression risks and personalities. The last research study that I will bring up was conducted by the School of Veterinary Science, University of Bristol, United Kingdom. This study tested multiple breeds including pit bulls and it concluded   â€Å"it would be inappropriate to make assumptions about an individual’s animal’s risk of aggression based on characteristics such as breed† (Casey). I have showed you how properly raising a dog has a huge outcome on a dog and that no matter the breed. They all need to be raised the same to be none aggressive dogs. If more people were to realize that a dog’s attitude is depending on how the owner raised the dog, we can stop the stigma of pit bulls are aggressive dogs. I previously said that pit bulls are raised to be aggressive, because people think they naturally are. If we can spread this knowledge and information, as well as teach people how to raise a d og, we can defeat the stigma that pit bulls are naturally aggressive. ATTS Breed Statistics† American Temperament Test Society, 31 Dec. 2017, https://atts.org/breed-statistics/. Accessed 12 April 2019. I choose the ATTS as a source, because they do test on hundreds of dogs a year of all different breeds. I feel that it is a reliable source that is based off of studies and not someone’s personal thoughts. Casey, Rachel et al. â€Å"Human directed aggression in domestic dogs: Occurrence in different contexts and risk factors† School of Veterinary Science, University of Bristol, Bristol, England. https://www.sciencedirect.com/science/article/abs/pii/S016815911300292X   https://doi.org/10.1016/j.applanim.2013.12.003 Accessed 18 April 2019. This was a great resource that shows that no matter what breed a dog is it can have any kind of personality. There are no pre-determined personality traits when it comes to dogs. This study shows that it is largely dependent on how the dog is raised by the owner. Howell, Tiffani J et al. â€Å"Puppy parties and beyond: the role of early age socialization practices on adult dog behavior.† Veterinary medicine (Auckland, N.Z.) vol. 6 143-153. 29 Apr. 2015, doi:10.2147/VMRR.S62081 I picked this source because it helped to show what effects socialization has on a dog of any breed. It also discusses that if any dog of any breed is not properly trained or socialized it can potentially have issues with aggression when they are older. Hubrecht, Robert, â€Å"Enrichment in puppyhood and its effects on later behavior of dogs† Companion Animal Research Group, Department of Veterinary Medicine, Cambridge, England. https://www.ncbi.nlm.nih.gov/pubmed/7752619   Accessed 18 April 2019. The study conducted by the Animal Research Group in Cambridge gives us very important information about dog socialization. It shows us that we need to continue proper training and socialization habits into adult hood. Nolan, Caitlin â€Å"Hero Pit Bull Saves Baby and Her Mom From California House Fire.† InsideEdition, 14 June 2018, https://www.insideedition.com/hero-pit-bull-saves-baby-and-her-mom-california-house-fire-shes-family-44162. Accessed 10 April 2019. I decided to present this story to you so that you can see pit bulls can be loving and caring animals when properly raised. As you seen by reading this true story their pit bull potentially saved their lives. â€Å"Position Statement on Pit Bulls†, ASPCA, https://www.aspca.org/about-us/aspca-policy-and-position-statements/position-statement-pit-bulls. Accessed 10 April 2019. I wanted to include this statement by the ASPCA because it is a widely known organization that does a ton of research on dogs. They provided us with a good history of where pit bulls came from and showed us why most people assume they are aggressive.

Draft of the Baltic Sea in Germany Essay Example | Topics and Well Written Essays - 250 words

Draft of the Baltic Sea in Germany - Essay Example First of all, the mines were constructed on fragile ecosystems and hence endangering the survival of wolverines, ptarmigan and also fishmillion (Boutilier & Black 2013). Secondly, the cultural and social lives of the areas like Ekati have been disrupted. Lastly due to inadequate regulatory frameworks in Canada there is no provision that the long term and environmental effects will be handled but the companies in the long term. Just to take an example of Victor mines, the environmental pollutions include the fact that 100,000 m3of salty water is pumped into river Attawapiskatmillion (Boutilier & Black 2013). Consequently, this leads to endangered aquatic lives. Another risk is that 1.2 million cubic meter of muskeg will be cleared. In addition to that, the Methyl mercury released by dewatering muskeg is potentially risky to the environment. In a different aspect, an estimate of 2.5 million rocks from the mines are dumped anywhere in the environment each yearmillion (Boutilier & Black 2013). Some of the rocks are environmental hazards since some contain dangerous chemicals which are swept into the water reservoirs. Last but not least, the area surrounding the mine is the home of woodland caribou and endangered species. This means that the lives of these animals will be further endanger. In conclusion, it is important for each country to make sure that before activities such as mining are approved, both short and long-term effects should be considered. The exploration in Canada should be an example to other countries in the mining industry. Legitimizing industry and multi-sectorial regulation of cumulative impacts: A comparison of mining and energy development in Athabasca, Canada and the Hunter Valley, Australia. Resources Policy, 38(4),

Definitions of Giftedness and Talent Essay Example | Topics and Well Written Essays - 500 words

Definitions of Giftedness and Talent - Essay Example The three traits are: above-average ability, creativity and task commitment. Renzulli (2011) suggests that special programs tend to favor children with above average ability and ignore those who may perform poorly academically but demonstrate a high level of task commitment. Renzulli (2011) sums everything in his own definition which suggests that giftedness can be defined as a sum of three basic clusters of human traits – above average general abilities, high level of task commitment, and high level of creativity. Gifted children are those capable of developing and applying these traits to valuable areas of human performance. For children to attain an effective interaction of these trait clusters, they should be provided with unique programs and services that are not available to ordinary instructional systems. This can be related to the definition of Gagne (2003) who suggests that giftedness is the possession and use of superior natural abilities to at least one area of ability, to a level where an individual appears among top 10% of his peers. These natural abilities are used to develop talents through a developmental process that uses environmental and interpersonal catalysts. Talents are defined as systematically developed skills, and include arts, social affection, business, academics, leisure and sports (Gagnà ©, 1999). Natural abilities are genetically determined and include: intellectual abilities, creative abilities, sensory abilities, and socio-affective abilities. Some of the interpersonal catalysts that can be used in the development process of giftedness include physical abilities e.g. health, motivation, self-management and personality. Environmental catalysts include: other people, culture and family, programs and events. From this definition by Gagne, it is clear that the concept of natural abilities brings the whole difference between Renzulli’s and Gagne’s definition. Although both

REFLECTION Research Paper Example | Topics and Well Written Essays - 750 words

REFLECTION - Research Paper Example I felt very relieved after the first meeting because my English is week. I did not have the confidence to communicate things the way he did. So I was happy when he offered to do the compilation himself. The second meeting also took place through a conference call. We all met and made our questions for the teams. Making the questions was not as easy as it seemed. I knew that whatever question I would come up with would reflect how deeply I understand things. The questions had to be sensible in order to project good image of the person asking them. So I conducted a thorough research and review of literature to acquaint the required concepts before deciding which questions I would propose. The third, fourth and fifth meetings were about organizing of the paper as well as the presentation. I am good at organizing things and did my part of the job always in time. I am also very good at making presentations because I know how to adjust the colors of the text with the colors of the backgrou nd so that the colors do not merge with the background and so that the text is clearly readable. I am also quite skilled in the use of powerpoint, so I included some very good effects that all group members were very happy to see. The virtual meetings were more challenging for all of us generally and for me in particular because my English is not very good. It takes me some time to organize my thoughts and opinions in the form of questions or suggestions and put them in front of others in English whereas my other group members were very fluent in English and so easily conveyed whatever they had in their mind. Since the meetings were virtual, I was even more worried because when you are talking and everybody is listening to you in a conference call, and you take time to convey your point, it fills nervousness in you. May be if the meetings were table conferences, I would not be that much worried because in table conferences, the others are looking more of you than

Social Class And A Persons Life Chances

Social Class And A Persons Life Chances Before the start of industrial capitalism, in a pre-industrial societies work is referred to as a general way activities directed at satisfying the human need for survival. Which were all non-industrial, work such as hunting, gathering or farming. Starting in the 18th century and continuing into the 19th century work has become regular paid employment. The simple rural lives were exchanged by mass production of goods. Industrialisation led to urbanisation, it changed the medieval customs, beliefs and ideals. The term industrial revolution is used to describe this transformation. Industrial Productive activity involved Factory systems and mechanisation powered by energy sources that is undertaken outside the home in a building or factory, Where workers has to work as industrial labourers under hazardous conditions. Karl Marx argued the capitalist who are the owners of the means of production, must essentially exploit the workers for maintaining the existence of the structure and organ isation. The capitalism is a system based on profit, within the capitalism the workers are given a paid wage enabling them to survive. It is necessary that capitalism continue to grow, to give the mass population the surplus wealth. It depends on continual growth and, therefore, it makes sense to give the mass of the population surplus wealth for enable them to buy goods; the more goods they buy, the more the system can produce. Marx was one the first social theorist to examine in to the conditions of work in factories that were emerging during the industrial revolution, looking at how the transition from self-working craftwork to working for a boss in a factory resulted in alienation and deskilling. For Marx capitalism created the world of work then turned it against the workers, not only workers were prevented from realising themselves but they developed a system where work became the cause of alienation and exploitation. Max used the term alienation to describe what it were like to be wage workers under industrial capitalism. He used four type of alienation in factory workers: first alienated from the  objects of their work as job becomes repetitive and automatic. Second workers are alienated from  the activity of working; they are forced to work for them. Third Workers are alienated from the  chance to determine what it is to be human and finally Alienation from other workers, not having to spend t ime with people you enjoy and are forced to work with people even if you like them or not. Braverman similarly mirrored most of Karl Marxs writing and applied it to work in the twentieth century. Braverman claimed that many jobs in the capitalist economy were subjected to a process of deskilling; this is where professional knowledge becomes replaced by machines and automation and tendency toward specialisation of task. He describes this as the period of monopoly capitalism. Taylorism exemplified this managerial strategy. At the beginning of the twentieth century Henry Ford combines the organisational innovation of taylorism, which introduced special machine tools that standardised production in a continuous flow in the form of assembly line. It was used on a large scale and using semi-skilled workers. Workers had one task each that they had to repeatedly do which is why they did not need to be particularly trained. However, he has been criticized for his idea; Fords mass-production system. The regulation theory explained that as a capitalist production system, Fordism is alienating and involved deskilling; therefore, Fordism is unable to overcome workers dissatisfaction. Another argument is that it is unable to overcome consumer dissatisfaction. Both arguments concludes that during 1970s Fordism was in crisis. Many solutions were adopted to solve the crisis of Fordism with a development of wide range of better quality products with neo-Fordism, McDonaldism, and post-Fordism. Also the process of de-industrialisation began around 1970s with a decline in employment among the manufacturing and industrial jobs and an increase in employment in service sector jobs. However, de-industrialisation was not just about the end of particular jobs but the dismantling of social and cultural relations in some societies. For example, manufacturing employments were sites of masculine occupational cultures and part of working class male identity. De-industrialisation was evident to large number of unemployment in industrial areas in the UK which led to a crisis of masculinity for working class men. On the other hand theorist such as Bell (1973) saw this as a positive way in The coming of Post-industrial society. He argued that it will be less alienating than in industrial societies. Class may also lose its power as knowledge and professional will have power rather than the anachronistic industrial ruling class. When people are unemployed, they get involved in the labour market. Labour markets  works through the interaction between workers and employers. They try to understand employers demand and workers supplies by looking at pattern of employment, income, wages or often pattern of racism and sexism that are existing in society. These patterns of discrimination have led to what is called dual or segmented labour markets. Trade unions are part of fight against such processes in our society. They provide an important function for millions of workers. They protect workers from being exploited and making sure they have fair wages and working conditions. While work occupies a main role in our lives, its social significance extends beyond our personal identities and daily activities. It is closely involved with other social institutions, social structures, and social processes, especially social inequality.

Virginia Woolf - Moving Beyond a Convoluted Memory of Her Parents Essay

Virginia Woolf - Moving Beyond a Convoluted Memory of Her Parents Why would I start with Julia Duckworth Stephen to get to Virginia Woolf? One answer is Virginia’s often quoted statement that "we think back through our mothers if we are women" (Woolf, A Room of One’s Own). Feminism is rooted not just in a response to patriarchy but also in the history of females and their treatment of each other. Part of feminism is a reevaluation of the value of motherhood. But what does Virginia’s mother have to do with Virginia’s writing? I chose to look at the problem of inheritance by starting with Julia’s first influences on Virginia, particularly her stories for children. I then move on to portraits of mothers in Virginia's novels. This essay is not only about Virginia’s task of overcoming "the Angel in the House" but moving past a confrontational and convoluted memory of a mother, into an orderly, whole picture of females working together. In talking about Virginia Woolf in the context of Julia Duckworth Stephen and feminism, I will start from the beginning of Virginia Stephen’s life. The idea of ‘Mother’ is a basic, recognizable concept in probably even the most primitive human cultures. Infants start separation of self and other with the body of Mother, since an infant gains a sense of ‘continuity of being’ from his or her mother’s attention. (Rosenman 12) From this definition of relationship-as-self, an infant finds her existence confirmed by feedback from her mother. In this manner, Julia is the first contact for Virginia with the rest of the world, and with all of womankind. Since Virginia will go on to have most of her important relationships with women, this is an important connection. What kind of connection was it? V... ...pie and Steele, ed. Julia Duckworth Stephen. Syracuse University Press. New York, 1987. Ingram, Heather, ed. Women’s Fiction Between the Wars. "Virginia Woolf: Retrieving the Mother." St. Martin's Press. New York, 1998. Johnsen, William. "Finding the Father:Virginia Woolf, Modernism, and Feminism." February 28, 2003. http://www.msu.edu/course/eng/492h/johnsen/CH6.htm April 16, 2003. Lee, Hermione. Virginia Woolf. Vintage Books. New York, 1996. Rosenmann, Ellen Bayuk. The Invisible Presence: Virginia Woolf and the Mother-Daughter Relationship. Louisiana State University Press. Baton Rouge, 1986. Woolf, Virginia. Jacob’s Room. Penguin. London, 1992. Mrs. Dalloway. Harcourt Brace. New York, 1981. To The Lighthouse. Harcourt Brace. New York, 1981. A Room of One’s Own. Harcourt Brace. New York, 1981. The Waves. Harcourt Brace. New York, 1981.

Theory of Occupational Therapy

OT is the art (because it is very individualized) and science of enabling engagment in everyday living, through occupation; of enabling people to perform the occupations that foster healsth and well-being; and of enabling a just and inclusive society (things that are done to advocate on their behalf in world of education, funding etc. ) so that lal peopl emay participate to their potential in the dialy occupations of life.OT is the art (because it is very individualized) and science of enabling engagment in everyday living, through occupation; of enabling people to perform the occupations that foster healsth and well-being; and of enabling a just and inclusive society (things that are done to advocate on their behalf in world of education, funding etc. ) so that lal peopl emay participate to their potential in the dialy occupations of life.Theory of Ocupational Therapy OT is very client- centered: how the individual defines the activity is what is important Hisotry of OT Early 1900s: there was a shift toward understanding that it was important to be healthy and happy- started mostly in mental health (started in mental asylems with occupational aids) realized that when there were given jobs and were meaningfullly occupied they got better quickerDunton 1919: occupation is as necessary to life as food and drink; every human being should have both physical and mental occupations; all should have occupations which they engoy, or hobbies; sick minds, sick bodies and sick souls may be healthed thru occupation – thus ocupation was defined as both the domain of concern and the theapeutic medium of occupational therapyWWI: Diversional therapy: to divert attention away from injury and illness The war lsted much longer – so many more disbled than had anticipated, found that diverting attention away from their physial problems really helped them War-aids: the early Ots, helped adapt activities for soldiers to participate in society (worked mostly with individu als who had a loss of limb) 0s- 90s: Therapeutic shift : curative potential of actibities not occupation Enablement of meaningful occupation: focus on occupational roles in society First Canadian occupational therapy guidelines on client-centred practice did not refer to occupation – but rather to the â€Å"therapeutic use of activity’ Present: focusing on enablement of meaningful occupation: focus on occupational roles in society – not just about giving people something to doOccupation Groups of activities and tasks of everydy life, named, organized and given meaning by individuals and a culture, It iseverything people do to occupy themselves, including looking after themselves (self-care0, enjouing life (leisure), and contributing to the social and economic fabric of their communities (productivity) Shows that it is more than work – they are human activities or tasks organized to fulfil a particular function OccupationGroups of activities and tasks of everydy life, named, organized and given meaning by individuals and a culture, It iseverything people do to occupy themselves, including looking after themselves (self-care0, enjouing life (leisure), and contributing to the social and economic fabric of their communities (productivity) Shows that it is more than work – they are human activities or tasks organized to fulfil a particular function Definitions Enabling occupation:OT is necessary when solutions to engagement in the occupations of everyday living become a challenge, or are at risk of becoming a challenge; when solutions to performing or engaging in desired occupations become difficult Collaborating with people to choose, organize and perform occupations which people find useful or meaningful in a given environment Engage: doing or participating, draw into, involve others, involve oneself, becomes occupiedTask: set of purposeful activities in which a person engages i. e writing a report Activity: basic unit of a tas k, singular pursuit that contributes to the completion of a task Occupation is braoder than either of these as it encompasses more than one task, while tasks encompass more than one activity Key Features of Occupations: 1) Affects Health 2) organize time and brings structure to life 3) brings meaning to life ) are idiosyncratic – very individualized occupations can also be maladaptive- risky, unhealthy, illegal and illicit – eg. Smoking Basic Human Need Dundons credo about occupation demonstrates how occupation is a basic human need Occupations provide people with a flow experience: demands of an occuption are in harmony with the skills of the person and the environment in which the occupation is performed Determinants of HealthHealth is viewed as more than the absence of disease and is infuenced by what people do in everyday life In 20th century occupation was discovered to have a motivating effect on wonded soldiers coming home from war Alma Ata Declaration of Health for All by the Year 2000 made clear that health depends on people having meaninful occupations which provide them with housing, empoyment, community and enjoymentSource of meaning Psychological motivation and volition are dependent on people finding meaning in the occupations that comprise their everyday life The meaning of an occupation is individual and culturally determined Meaning differs from purpose in occupation – can be meaninful to person/ group without any identifiable purpose Source of PurposeThere is no universal classification of the purpose of occupation Canadian therapist defined 3 main purposes 1) self care, 2) productivity, and 3) leisure But it is relly determined by individual needs and desires within an environmental context Athough classification is arbitrary it offs a convenient and manageable way of explaing occupation to clients, professionals , also helps prompt Ots to think about the full range of occupations in a life Source of Choice and Control C ontrol is more than choice.People may make choices about their occupations but have little control to act on choices. There is an element of personal control when people show persistence or find creative ways of following up on their choices. Contol is dependent on opportunities provided by the environment Source of Balance and Satisfaction Balance refers to the pattern of occupation over days or years Personal views of balance are influenced by cultrual and other environmental expectations Descriptor Occupation can be used as a descriptor of hman behaviours to provide new perspectivesabout occupation Occupational: . Behaviour: aspect or class of human action that encompasses mental and physical doing 2. Competence: adequacy or sufficency in an occupational skill, meeting all requirements of an environment 3. Dvelopmetn: gradual change in occupational behaviour over time, resulting from the growth and maturation of the individual in interaction with the environment 4. Performance: t he actual execution or carrying out of an occupation 5. Function: usual or required occupations of an individual Person * Believe in worth of all persons – holistic view New Canadian Model of Occupational Performance presents the person as integrated whole who incorporatses spirituality, social and cultural experiences, and observable occupational performance Spirituality (uniquely and truly human) * Has always been important in canadian OT – early badge that Ots ware depicted inegration of mind, body and spirtit * Recognizes inrinsic value and respecting their beliefs, values and goals, regardless of ability, age or other characteristics – * Consideration of S is a way of developing a clear appreciation for the uniqueness of each person in the occupational therapist-person relationshipPerformance * OT has traditionally attended to the performacne components which contribute to successful engagement in occupation * 3 performance componants include: 1. affective: the domain that comprises social and emotional functions and includes both interpersonal and intrapersonal factors 2. cognitive (thinking): the domain that comprises all mental functions both cognitive and intellectual, and includes, among other things, perception, concentration memory etc 3. physical (doing: the domain that comprises all seonsory, motor and sensorimotor functions occupational performance the result of a dynamic relationship between eprsons, environment and occupation * refers to the ability to choose and satisfactorily perform meaninful occupations that are cultrually defined, and appropriate for looking after one’s self, enjoying life, and contributing to the social ad economic fabric in a community * represents the actual execution or carrying out of occupation and is the experience of a person engaged in ocupation within an environment * person-environment congruence suggests the interdependence f humans and environment – this helps ensure optimal occupational performanceOccupational Life Course: A developmental Perspective * An enlarging spiral diagram shows ones cumulative experience in occupational performance grows over time, even if the number and diversity of occupations diminishes because of aging, disability, enviro, etc. * Occupational development may result in increasing complexity in some occupations but not thers; development of self-care occupations may advance more quickly than development in productivity occupations; or leisure may be omitted when self care and productivity are overwhelming Client Centred Practice: Theme of being client centred in OT emerged in the early 1980s * CC practice refers to collaborative appraochs aimed t enabling occupation with clients who may be individuals, gorups, agencies, governments, corporations or others. Ots demonstrate respect for clients, involve clients indecision making, adocate with and for clients in meeting clients’ needs, and otherwise recognize clients†™ experience and knowledge CC practice refers to collaborative appraochs aimed t enabling occupation with clients who may be individuals, gorups, agencies, governments, corporations or others.Ots demonstrate respect for clients, involve clients indecision making, adocate with and for clients in meeting clients’ needs, and otherwise recognize clients’ experience and knowledge Started to emerge in the 1940s-mid 1960s – started in social work * Underlying theme is recognition of the autonomy of the indiviudal person even though persons are understood to be interdependent in their environment * It represents an ethical stance by occupational therapists based on democratic ideas of empowerment and justiceClient: individuals who may have occupational problems arising from medical conditions, transitional difficulties, or environmental barriesr, or clients may be organizations hat influence the occupational performance of particular groups or populations Translated i nto practice through proccess of enablement: clients are participents in occupational therapy Recognizes that people are active participants in occupational performance, whereas teatment and caregiving forms of helping are applied to people who are dependent on their helperEnabling: refers to processes of facilitating, guiding, coaching, educating, prompting, listening, reflecting, encouraging, or otherwise collaborating with people so that individuals, groups and agencies or organizations have the means and opportnity to participate in shaing their own lives. Guiding Principles for Enabling Occupation in Client-centred Practice * Base practive on client values, meaning and choice as much as possible * Listen to clients visions * Facilitaite processes for clients envisioning what might be possible * Support clients to examine risks/ consequences Support them to succeed, but also to risk and fail * Respect their own syles of coping or bringing about change * Guide clients to identify needs from their own perspective * Facilitiate clients to choose outcomes that they define as meaninful even if OT doesnt agree * Encourage and actively facilitate clients to participate in decision-making partnership in tharpy, programme planning, and policy formation * Provide info that will answer clients questions in making choices * Offer services that do not overwhelm clients with beuraucracy * Foster open, clear communication Invite them to use their strengths and natural cummunity supports CMOP-E Canadian Model of Ocupational Performance and Engagemet Occupational performance is the relationship between persons, enviro and ocuupation over persons lifespan It refers to the ability to choose, organize, and satisfacotily perform meaningful occupations that are culturally defined and age appropriate for looking after ones’s self, enjoying life, and contribuint to the social and economic fabric of a community The CMOP graphically illustrates an occupational thereapy persp ective on the dynamic relationship between persons, environment and occupation of all ersons Occupation occurs between person and environment Everytime you see a new client you need to think about all the different parts of the * Person – (inner circle) The person in the middle converys Ots cient-cenred perspective, attends to the individuals occupational needs in his/her specific environment * spirituality (drive- essence) , * physical (strength, ROM, paralysis) * cognitive * affective (mood, mental health side) * Occupation (middle circle) * Selfcare * Productivity * Leisure * Environment (idea that occupation occurs in an environment) (outer circle) * Social Cultural (stigma based on religious view etc. – culture of university/ family) * Institutional (policies, guidelines and practices about what can/can’t do) * Physical (accessibility) Back to first example: Competence- actual or potential ability to engage in occupation * Ex. If you arent a good cook you t end to do other things (frozen/ other person cooks) tend to not continue to do things that you arent good at Deprivation: prevented from taking part in occupation * Very important Development: gradual change in occupational behaviour How do people shape and evolve into the occupational couse of their lives Identity: how you see yourself related to occupational roles * Big part of how we see ourselves Pattern: predictable way of doing occupation PRACTICE Client vs. patient * Individuals are routinely called patients because they need to be taken care of (mainly in acute care) not a lot of choice in decision making Client-centred Practice In OT because you take into consideration what is important to YOU * Collaborative relationship with clients * Clients as active participants in therapy * Client is at the centre of practice Respect for client wishes, goals, and differences Occupational Issues: Clearly distinct from symptoms – not depression, cognition etc Occupational issues BECAUSE of the health issue ‘challenges to occupational engagment†¦ ex/ if you have left sided weakness an occupational issue may be writing, dressing Occupational Performance Issue: Someone with a head injury where there is no physical change – but could be difference in organization Prioritizing OPIs If someone has a head injury and you make a list of all the things you are wondering about – and they confirm that they are effecting them – then you have to prioritize How do you prioritize Find out what is really important to the client * What is safe * Limitations †¢ 35 female Karen married with 2 kids aged 6 and 3 teaches JK, has SCI, uses manual wheelchair ? 10 Possible OPIs? †¢ Child Care ? †¢ Cooking? †¢ Active playing with Kids? †¢ Driving to work? †¢ Changing baby diapers? †¢ Intimacy with Spouse ? †¢ Cleaning ? †¢ Transfers? †¢ Hygiene ? †¢ Social Activities Limited ? o 2 Priority OPIs? â € ¢ Child Care? †¢ Hygiene ? o Treatment for OPIs Using Occupation/Activity ? †¢ Child Care ? Policy change to increase social support? †¢ Hygiene? Shower Seat

Essay on Morality

Essay on Morality Essay on Morality Essay on MoralityHow do you make moral decisions? What resources inform you, personal, professional, etc.?Moral decision is a rational procedure of moral consciousness that makes the choice of action giving preferences to certain moral values. Main steps in making moral decisions are analysis of moral situation, definition of the problem, comparison of options, assessment of consequences, and making the decision.Correctness of the decision depends on the individual’s knowledge of the issue, which, in turn, relies on personal moral experience and moral culture. Moral decision-making involves such mechanisms of ethical consciousness as sense, reason, and intuition. While sense successfully functions in solving relatively simple moral problems (with common, patterned acts), it gives way to reason that makes creative moral decisions. Thus, moral experience guides a person in situations where circumstances are beyond the stereotypical thinking. In a situation that does not provide sufficient information for decision-making and at the same time requires a quick choice of an option, moral intuition comes into action. Accumulating moral experience of a person, intuition in a way replaces the missing opportunity to assess all the pros and cons for each of the options for action (Holmes, 2007). All three mechanisms complement each other, and only the adequacy of one of them to a specific situation allows making a moral decision.Dynamic pace of modern life along with scientific and technological revolution and its affect on society increase the individual’s responsibility for moral decisions. Therefore, there is a strong need to create a harmonic moral world of an individual, whose rational decisions should be done not at the expense of one’s emotional richness, and achieved in unity with the development of the culture of the feelings.Discuss the moral dilemma from the short film on food (Food, Inc). What solutions would you recommend?The film in ques tion is an unflattering overlook of the US food industry and corporations that control it. The author investigates the industrial production of meat, grains and vegetables, showing viewers how inhumane and environmentally unfriendly this process is now. The law allows corporations to deliver to consumer’s table cheap but dangerous food.Any corporation, if it was a real person, would be unsociable, intractable, authoritarian, and not prone to long-term relationships. The courts and the government consider a corporation as a community of shareholders, as a business owner, but the corporation itself has no moral barriers and liabilities (Weber, 2009).On the one hand, the demonstrated technology would be useful in the case of a cataclysm, when humanity would not be able to grow food in a natural way. But currently it is not the case and there is no justified need for such food! On the other hand, when corporations, whose aim is cheap production and maximal profits, take over the production of food, that is when these technologies come at hand. In the second half of the twentieth century, we discovered an amazing opportunity to produce cheap chemicals: fertilizers, chlorine, and pesticides to kill insects. It seemed that all of this would improve our lives. But what we see now? Cancer epidemic which we cannot stop (Weber, 2009).The film presents a standard and one of the most important moral dilemmas of modern society the choice between public good and private gain. Of course, one could say that there is an easy way out to follow one’s moral principles and collectively decide to refuse from substance and technology dangerous for the environment and human. However, in such dense networks that depend on the decisions of many people, relying on the moral qualities of each of them is a utopia. Yet, one of the possible effective solutions could be tougher legislation in this area, and reduction of the influence of corporations on government.

VEGA Surname Origin and Last Name Meaning

VEGA Surname Origin and Last Name Meaning The Spanish surname Vega is a topographical name that means dweller in the meadow or one who lives on a plain, from the Spanish word  vega, used to refer to a meadow, valley or fertile plain. It could also be a habitational name for someone from one of any of the many places in the world named Vega or La Vega. Vega is the 49th most common Spanish surname. Alternate Surname Spellings: VEGAS, VEGAZ, DE LA VEGA,   Surname Origin: Spanish Where Do People With the VEGA Surname Live? The surname distribution map at Forebears, which includes data from 227 countries, pinpoints Vega as the 519th most common surname in the world. It identifies Vega as most common in Panama where it ranks 25th in the nation, followed by Puerto Rico (27th), Costa Rica (32nd), Peru (47th), Chile (47th), Argentina (50th), Mexico (55th), Spain (62nd), Cuba (74th), Equador (81st), Colombia (87th), Paraguay (96th) and Nicaragua (99th). WorldNames PublicProfiler identifies the Vega name in Spain as most frequently found in the northern regions of Asturias, Castille Y Leon, and Cantabria, as well as the southern regions of Andalucia and the Canary Islands. Within the United States, the Vega name is most common in the southwest, in the states bordering Mexico, along with Nevada, Idaho, and Florida, plus Illinois, New York, New Jersey, and Connecticut. Famous People with the VEGA Surname Paz Vega - Spanish actressAmelia Vega - 2003 Miss UniverseJurij Vega - Slovene mathematician and physicist- Spanish playwrightGarcilaso de la Vega - Spanish poet Genealogy Resources for the Surname VEGA 50 Most Common Spanish SurnamesHave you ever wondered about your Spanish last name and how it came to be? This article describes common Spanish naming patterns and explores the meaning and origins of 50 common Spanish surnames. Vega Family Crest - Its Not What You ThinkContrary to what you may hear, there is no such thing as a Vega family crest or coat of arms for the Vega surname.  Coats of arms are granted to individuals, not families, and may rightfully be used only by the uninterrupted male-line descendants of the person to whom the coat of arms was originally granted.   The Vega DNA Surname ProjectThis Y-DNA surname project is open to all  families with this surname, of all spelling variations, and from all locations, with the goal of using DNA matches to  help find the paper trail that leads further back up the Vega family tree. VEGA Family Genealogy ForumThis free message board is focused on descendants of Vega ancestors around the world. Search past queries, or post a question of your own. FamilySearch - VEGA GenealogyAccess over 1.7 million free historical records and lineage-linked family trees posted for the Vega surname and its variations on this free genealogy website hosted by the Church of Jesus Christ of Latter-day Saints. VEGA Surname Mailing ListThis free mailing list for researchers of the Vega surname and its variations includes subscription details and searchable archives of past messages. Hosted by RootsWeb. DistantCousin.com - VEGA Genealogy Family HistoryExplore free databases and genealogy links for the last name Vega. The Vega Genealogy and Family Tree PageBrowse family trees and links to genealogical and historical records for individuals with the last name Vega from the website of Genealogy Today. - References: Surname Meanings Origins Cottle, Basil. Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967. Dorward, David. Scottish Surnames. Collins Celtic (Pocket edition), 1998. Fucilla, Joseph. Our Italian Surnames. Genealogical Publishing Company, 2003. Hanks, Patrick, and Flavia Hodges. A Dictionary of Surnames. Oxford University Press, 1989. Hanks, Patrick. Dictionary of American Family Names. Oxford University Press, 2003. Reaney, P.H. A Dictionary of English Surnames. Oxford University Press, 1997. Smith, Elsdon C. American Surnames. Genealogical Publishing Company, 1997. Back to Glossary of Surname Meanings Origins

International law of contracts Article Example | Topics and Well Written Essays - 1500 words

International law of contracts - Article Example The bill of lading stipulated that the goods were "received in apparent good order and condition" and compliant with the commercial invoice. The condition of the goods was further confirmed by the certificate of inspection issued on loading. Private international law often varies according to the type of parties involved in the contractual arrangement. Most times, consumers are protected by rules that aim to make sure that the law is applied as far as reasonably possible for the consumer. The location of the parties in the contract is also an element that is often used by international laws. These laws refer to places like the domicile or habitual residence of natural persons, or the principal address or place of business of a given company. A news report in the financial section of the Broadcasting Finance Corporation (BFC) by Chief Economist Roberto Preztono has sparked a rumour that a well established bank in the UK is experiencing severe cash flow problems, and the informed opinion in the finance sector seem to suggest that the bank in question might be Leman Sisters. The Samba Carnival arrived in Southampton at the end of October and on inspection there appeared to be some concerns about the condition of the consignment of steel rods. A significant portion of the consignment was discovered to be rusty and there was some doubt as to whether the goods would match the specifications required under the agreement. Although the ship's manifesto records that the ship encountered a heavy storm during the voyage and water entered into the hold, it is hard to determine the real cause of the damage. A consignment of timber stowed above the steel, was reported as being water logged. It was also reported that there had been a s ignificant breakdown in the communication and management of the ship during the course of the voyage. Apparently 8 of the 16 crew members (including the new trainee cook) were suffering from food poisoning. Of the remaining 8 crew members who did not sample the cook's culinary debut was the First Lieutenant who categorically refused to leave his cabin. It has since transpired that the First Lieutenant was in fact an undercover investigative journalist trying to expose harsh working conditions on merchant ships. It appears that his CV and references were not checked by Amazona Ltd before confirmation of employment. In this instance, a party can be excused from liability to a claim of damages when there is a failure to perform, that can be attributed to an impediment that is beyond the control of the party's, or a third party sub-contractor Such an extraneous event might elsewhere be referred to as force majeure, and frustration of the contract. The place of performance of a contract also plays an important role in some private international law rules. When the performance of the transaction involves some physical contact with a given jurisdiction, e.g. delivery of the goods ordered, the fact that the contract was concluded on line does not as such raise any problems. The problems arise when the contract is not only concluded but

The effects of managed care on health care in the U.S Essay

The effects of managed care on health care in the U.S - Essay Example The sector has been witnessing a new dimension in recent years, because it’s in no small measure assisted to halt the increase as regarding the costs of health care in the country, given a wider room for the less privileged to enjoy the program, which has been hitherto on the rapid increase beyond their capacities. Meanwhile, our focus should now assess the whole issue, dated back to early 90s when the Managed-Care system began to have it solid root. The United States Congress has brought a turning point toward enhancing the health care system within U S. â€Å"The nation’s health care system stem was under microscope, undergoing a level of scrutiny not seen since the early 1990s, when congress scrapped the Clinton administration’s complex plan to overhaul health care. Since then, employers have acted on their own to control health costs, largely by requiring employees to join managed-care programs, such as health maintenance organizations (HMOs). More than 100 millions Americans are now covered by Managed-Care†. (Public Agenda). The HMOs is one of the key pillars of which the Managed-Care program stands on, while observers concluded that it is almost the best among other related pillars. Another branch of Managed-Care that also need brief explanation is â€Å"Capitation†, a system that involves a sort of payment method. This involves paying physicians a specific amount for treatment of patients, not considering how much will be the subsequent cost to be incur. â€Å"Some â€Å"Managed Care† practices seek to impact the quality care of, for instance, clinical guidelines that aim to alter the clinical management of specific health concerns (e.g., treatment of hypertension) are also common managed-care practice†. (Ethics in Medicine). One of the important effects that we ought to bring into consideration while discussing on the Managed-Care on health care in the United States is that most of the citizens were in the view that