Sunday, December 29, 2019
The Gang That The Author, Sudhir Venkantesh - 1148 Words
I would describe the gang that the author, Sudhir Venkantesh, studies in this book as a deviant group because they are not following usual or accepted standards in social behavior. ââ¬Å"Deviance is a behavior, trait or belief that departs from a norm and generates a negative reaction in a particular groupâ⬠. (Real World, Kerry Ferris, Jill Stein, p 153) According to this definition we can definitely see gangs departing from a norm by committing many crimes and not obeying the laws. One example to deviant behavior from the book is when Sudhir Venkantesh for the first times sees J.T and his gang beating up a man for not doing what he has been told. Sudhir Venkantesh states that ââ¬Å"I had been hanging around J.T. for several months by now, and Iââ¬â¢dâ⬠¦show more contentâ⬠¦So it is acceptable behavior for the gang but not for the rest of the society. Philanthropist is a person who seeks to promote the welfare of others. If philanthropy means using charity to help others then J.T. the gang leader can think or sees himself a philanthropist as much as a gang leader. From the beginning of his existence in the book I was Hulya Eker Gang Leader for a Day and Sociological Concepts able to say that he had a different personality than a gang leader that anyone would think or define. J.T di not hurt Venkantesh nor let anyone else do anything bad to him in the first day they met and he also let him go. Later on when Venkantesh come again he just let him hang out with him to help with his research. J.T. knew what Venkantesh was doing and in spite of this J.T helped him with his research. That does not make him philanthropist truly but he always helped people around him. J.T. stated proudly of quitting his typical sales job in downtown Chicago to return to the projects and use his drug profits to help others. He helped in many different ways. One example form the book is that ââ¬Å"he gave money to some local youth centers for sports equipment and computersâ⬠.(Gang leader for a Day,2008) Venkantesh, He also willingly loaned out his gang members to Robert Taylor tenant leaders, who deployed them on such tasks as escorting the elderly on errands or beating up a domestic abuser. J.T. even found some positive side for selling drugs such as
Saturday, December 21, 2019
The Ethics Of The Medical Field - 927 Words
ââ¬Å"Declare the past, diagnose the present, predict the futureâ⬠ââ¬â Hippocrates Throughout the history of mankind, the world has witnessed miracles and most of them lie in the medical field. But I know about the persistent hard work and dedication that was spent in order to create that marvel. There is a sense of responsibility and morality endorsed in every medical profession, which is fulfilled with utmost integrity. It might seem very simple, to be a doctor; just go through some books or get into a top notch medical school. But the real fight is against you, to stay motivated at all times, to have the will to become a part of that miracle. People spend all their lives trying to figure out what to do with themselves. I never had doubts about where my life was leading me, since an early age, I had clutched on to the idea of becoming a doctor and working in the U.S.Although I was weak in my studies during high school, but my passion to join the medical profession never faltered. There may have been times that I was let down by others that I may not able to cope up with the aggressive nature of competition in medicine, but it rarely crossed my mind that I would not make it. I was confident and resolute in my decision; I could not shy away from the challenge of my life. I was building myself, my mindset in such a way that every obstacle seemed like a mere step in a staircase, in order to reach for my goals I had to climb one step at a time. I joined the Jinnah Sindh MedicalShow MoreRelatedThe Ethics Of The Medical Field947 Words à |à 4 Pagescomplete apathy and empathy towards patients. ââ¬Å"Nothing is more indispensable to ethics and, at the same time, more detrimental to the ethical quality of a decision than an emotion.â⬠[] What are the advantages and disadvantages of an emotional response? Should doctors use emotions? Emotions such as compassion, fear, and anger can be influential factors in making an ethical decision. Most doctors enter the medical field because they want to help their patients, relieve their pain, and support themRead MoreThe Ethics Of The Medical Field Essay2016 Words à |à 9 PagesIntro Regardless of your industry, itââ¬â¢s becoming harder and harder to stand out from the crowd. In the medical field, this is especially true. From big box hospitals to small practices, competition is fierce. So how does one stand out from the crowd and stay professional? Brand yourself, and do it well. In the following pages, I will walk you through a handful of killer techniques that are sure to set you apart from your competition by building your own personal brand. There are no shortcutsRead MoreThe Ethics Of Medical And Biological Fields3307 Words à |à 14 Pages In this current day and age, science and technology are moving forward at a rapid pace. This can lead to great strides and benefits in the medical and biological fields but also gives rise to ethical and moral questioning. Scientist worry that their research will be stifled by new laws and restrictions, while society fears that these researchers will take advantage of them if not regulated properly. This is clearly seen in the debate over stem cell research and synthetic biology, like geneticallyRead MoreMedical Ethics Of The Pharmaceutical Field1799 Words à |à 8 PagesIn the pharmaceutical field, there is a lot of controversy when it comes to doctors prescribing certain medications to patients; such as oxycodo ne. Some citizens hold the government accountable for addicting patients to oxycodone, but in reality the ones to blame are the doctors and pharmaceutical scientist. The government may have allowed doctors to prescribe these medications but there are also laws created to prevent doctors from abusing the right to prescribe oxycodone. The most common controlledRead MoreEthics And The Medical Field Using Tissue Ownership Essay1642 Words à |à 7 Pagesbecoming a large public topic that lead to the creation of ââ¬Å"do not resuscitateâ⬠orders and hospice care centers (Cassell 2000). This paper attempts to provide a better understanding of ethics and its relationship to the medical field using tissue ownership to demonstrate how bio-medical ethical debates arise. Ethics is a branch of philosophy that deals with values concerning human conduct. These values help cultures determine what actions are appropriate and inappropriate and which motives of suchRead MoreTransition Paper1210 Words à |à 5 Pagesï » ¿Transition Paper Assignment NR 101 Ethics in Nursing In the world of medical ethics no sector of healthcare has been under more scrutiny and has drawn more phisophical debates, been under review or been a more sensitive and critical part of the healthcare field than the world of ethics in the field of nursing. Nursing is one of the most pivotal aspects of every medical practice in the world. And today the importance of nursing ethics is ruling right up there with the importance of oxygen. Read MoreThe Unethical Approach to Immortality: the Immortal Life of Henrietta Lacks768 Words à |à 4 PagesUnethical Approach to Immortality Henrietta Lacks is, one of the greatest contributors medical science and research in the past century. Albeit, she never knew of her contribution. In fact, it took twenty years for her family to be informed about the extensive number of cells that had been produced, and that would continue to be produced, to further studies in the best medical interest of mankind. The ethics of this situation are hardly questionable and this is what ââ¬Å"The Immortal Life of HenriettaRead MoreAn Ideal Doctor809 Words à |à 3 PagesAn Ideal Doctor: Medical students basically attend medical schools for the precise purpose of being educated. As part of their duty, the medical faculty teaches medical students virtue and vice in all their respective duties. Consequently, there is an assumption or concept that a good physician demonstrates virtues that are required to practice virtuous medicine (Marcum, 2012, p. 229). Actually, attempts to prepare medical students to operate as total competent professionals trained to meet theRead MoreThe Future Of Dermatology Is On The World Of Aesthetics And Disease1477 Words à |à 6 Pagesdemand in the world of aesthetics and disease. Many medical residents are choosing the field of dermatology as it allows for flexibility and broad range of practice. Dermatologists manage multiple diseases and disorders associated with the integument system and some enter the field of cosmetic surgery. Although there are limited positions in dermatology residency programs compared to internal medicine and family medicine, this competitive field is drawing in the brightest and the best future physiciansRead MoreThe Ethics Of Ethics For Healthcare Quality Professionals1272 Words à |à 6 Pagespractices and values, continuing education on ethics for everyone involved, successful ethics substructure, and morally spirited and dauntless leaders (Winkler, 2005). These organizations have a vision and statements that directs behavior and decision making. The Code of Ethics furnishes a definitive model of conduct. The standard of conduct is entrenched in associations, affiliations, confidentiality, and commitment with health care professionals. The Code of Ethics for healthcare quality professionals
Friday, December 13, 2019
Differences Between at and Tce on Corporate Governance Free Essays
Explain the similarities and differences between AT and TCE on corporate governance and criticize AT using TCEââ¬â¢s perspective Both AT and TCE share considerably the same assumption, they believe that market mechanism will not work all the time because of bounded rationality, opportunism, and moral hazard. The two theories also believe that there is no perfect contract and both rely endogenously on the board of director as a control instrument. Even though AT and TCE both share these similarities, they analyze them from different perspectives. We will write a custom essay sample on Differences Between at and Tce on Corporate Governance or any similar topic only for you Order Now The unit of analysis in AT is individual level, while it is transaction in TCE. The focal cost of AT is the residual loss that causes from bounded rationality, opportunism, and moral hazard, while it is maladaptation of governance structure in TCE. Furthermore, the focal contractual concern of AT is ex ante, while it is ex post in TCE. AT focuses on relationship between principals (shareholders) and agents (CEO). Due to the fact that the principals want to maximize their return, while the agents want to maximize their wealth, power, and prestige, so the interests of the two parties are not aligned. The agents are able to fulfill their interests without necessary fulfilling the principalsââ¬â¢. To guard against such bounded rationality, opportunism, and moral hazard from the agent, board of director is appointed to link the imperfect relationship between principals and agents. The board of director has the right to monitor, ramify, and sanction the decision of the agent to fiduciary protect the principalsââ¬â¢ interest. Apart from appointing the board of director, nexus of contracts is utilized to provide ex ante incentive alignment and minimize inefficiencies in the contractual structure of the firm that arise form the unaligned interests. TCE focuses on the alignment of the governance structure in order to minimize the transaction cost as much as possible. Its focal contractual concern is ex post governance structure so they strive to reduce the transactions cost by integration rather than focusing on incentives. TCE also assume bounded rationality, opportunism, and moral hazard as AT, but TCE focuses on transaction level instead of individual level. Apart from the assumptions of bounded rationality, opportunism, and moral hazard, two variables must be concerned in order to decide the appropriate governance structure. These variables are namely uncertainty, and asset specificity. The level of uncertainty is dependant on the length of the transaction and often is a part of bounded rationality. Longer length of transaction often leads to higher uncertainty. Asset specificity, contrary to uncertainty, is better for longer length of transaction. This is due to the reason that, the transactions cost is lower in a higher specific asset. If the level of asset specificity and uncertainty are high in both parties, vertical integration is suitable in minimizing the transactions cost, but if the level of uncertainty is low while the asset specificity is high in both parties, long term contract is more suitable. Board of director also exists in TCE, but for different purpose than in AT. The role of the board of director in TCE is to safeguard the firm against financial lost from by financially look after the firm rather than monitoring the agentsââ¬â¢ behavior. How to cite Differences Between at and Tce on Corporate Governance, Papers
Thursday, December 5, 2019
Decision Making and Implications Human Resources Development
Question: Discuss about the Decision Making and Implications for Human Resources Development. Answer: Introduction: Making an accurate decision or judgement is not a very easy task. It involves lot of complexities such as gathering of information, processing the same and based on the result decision is taken. But the question that remains unanswered is whether the information gathered and processed are free from any biasness. Decisions and information collection all are dependent upon human minds. It is a minds game. We think and arrive at conclusions basis our own judgemental emotions, experience and prejudices. Thus there are various factors that distort an individual as well as an organizations ability to collect and refine the information and take decision which is accurate (Bauer Erdogan, 2001). First and foremost the most important factor is the failure of an individual as well as an organization as a whole to consider all the facts and figures available while making decisions. People and decisional groups become very selective with regards the data available. We have a single dimensional view while looking at things and this limits our perspective of looking at all the available evidences in detail. This factor can take any of the two forms. Either a person will consider only the positive aspects of information which will satisfy its requirements thus waving off the negative aspects in totality. And second is consideration of only negative aspects and discussing over them while ignoring the positivity of the evidence. Thus this distorts the ability to take a balanced and an unbiased decision (Korte, 2003). People many a times are seen to arrive at a conclusion based on a piece of evidence, thus ignoring the entire sample data. This leads to arriving at a general consensus which may not be accurate. The main reason for distortion in this scenario is inability to interpret samples by integrating them as a whole (Lovallo, Sibony, 2006). Another very important factor which cannot be dismissed is polarized thinking which leads to looking at only one side of the coin. Individuals and organizations fail to analyze both sides of the situation and conclude by looking at things in a linear manner as in they are either black or white, good or bad or all or nothing. Because of this misleading notion one ends up arriving at such rules and regulations which are irrational and disagreeable to the masses. This myth leads to missing out of opportunity to take sound decisions when it is possible to break down the complex elements of a data into simpler ones and take faster decisions during times of need. Every piece of bad news is not harmful should be inculcated into the minds of the individuals which would help them personally as well as professionally. This limitation which is set in the minds of humans also is a major limiting factor for taking sound decisions. (Workingresources.com. 2016) As is rightly said it is a minds game, thus mind reading is a very important factor which also contribute to such fallacies. We often conclude basis what is clearly visible from our naked eyes without even looking at other possible alternatives which may be visible if looked in depth. This is known as Fundamental Attribution Error where one interprets ones action wrongly. We often tend to neglect the information which is representative in nature. Focus is only on the evidences which lead to negative conclusions and thus positive views or extracts are ignored. This attribution effect limits the persons viewpoint to look at the cause of occurrence and just concentrate upon the effect of the action. Our judgement becomes so biased that we judge people sitting on the other side of the table basis their behavioural patterns and judge ourselves basis our purpose (Nead, 2015). Organizations decisions are often affected by the personal whims and fancies of the individuals. The ego enlarges to such an extent that one cannot look beyond himself or herself. They have a mindset of taking everything upon them and find everything else around to be opaque. This leads to forming rules which are only favouring them. They become self centred (Wilson, Brekke, 1994). Lack of confidence in some individuals leads to overestimation or underestimation of their own calibre. This leads to a loss of control. Often the people around tend to take advantage of this fallacy. Controlling of emotions such as anger is a must else it tends to hamper your judgemental thinking. Resentment is a negative attribute which should be overcome by making oneself informed and not acting basis incomplete communication of information. Thus lack of proper communication channels leads to development of such distortions (Gutnik et al. 2006). An individuals reasoning capacity is highly influenced by its emotional quotient. Thus any piece of information should be adequately analyzed before arriving at any decision. Adhoc decisions often is misleading and false. Stubborn nature influences an individuals behaviour as well as the behaviour of the organization as well. Believing on the fact that one cannot be wrong is egoistic nature which may lead to disasters specially if such a thinking is imbibed into the minds of the ultimate decision makers of any organization (Dietrich, 2010). Lastly the concept of let bygones be bygones should be followed in tact. Organizations often consider sunk costs as costs which cannot be recovered while making any economic and business decisions. Considering sunk costs while taking any decision leads to distortion. The decision will not accurate and instead of viewing the future one is seen stuck with the past. Unfortunately human beings have this habit of considering their past investments without considering the future of the investment. It is known that sunk costs are irrecoverable in nature yet the myth exists and people continue to try to recover what they have lost. Thus these factors are very influential in enabling a person to take informed decisions. They often lead to distortion and thus biased and imprudent decisions. However it is to be understood that one can easily try to overcome these fallacies if adequate efforts are put in by the individuals as well as the organizations. Let us take a small example of a politicians speech during a rally. Do we actually agree to whatever he says or promises in its face value? The answer is no. Some judgement is exercised before arriving at a conclusion. Thus one should think critically before arriving at any solution trying to keep the biasness away from the loop. This helps to resolve problems why discussing situations from all angles and not from only one side which is favourable for the decision maker. Critical thinking helps to think about the management, the organization and the society as a whole rather than just thinking about satisfaction of self. It is impossible to eradicate the emotional quotient fully however the critical thinking factors in the element of biasness. It simply prefers one to keep the biasness in mind but at the same time slants th e preference towards honesty. It is more inclined towards resolution of problem rather than just giving importance to emotions. Critical thinking is one of the most preferable way of resolving this problem of lack of accuracy in judgements due to biasness. It even helps a person or an organizational groups emotional quotient to control and behave in a rational manner which would benefit the society as well. Critical thinking cannot become a part of an individual automatically. The same has to be nurtured by self as well as the organization. They should keep training programs on a continuous basis for the same, conduct assembly sessions within the small teams that are there in an organization and explore the abilities of the employees towards critical thinking which will benefit the employees in their professional as well as personal lives (Wolf, 2012). Further the individuals and the organizations as a whole can put in efforts to overcome the Fundamental Attribution Errors as well. They need to learn and develop the attitude of empathizing with the people around and their situations rather than sympathizing with them. By doing so the decisions taken become less prejudiced and one thinks keeping oneself in the shoes of the other person (DeSteno et.al. 2004). Further to this understanding the cultural diversity is another important method to waive the distortions that occur while arriving at decisions. People from varying cultures are a part of any organization, between that it is very important to keep in mind the same before arriving at any conclusion .Also working with a team which is diverse in nature enables one to think in a more rational manner (Richeson, Nussbaum, 2004). In view of the above it is very evident that the vulnerabilities in making decisions lies in the very ability to take decisions by human beings. It is their behavioural patterns which proves whether justice is done while arriving at a particular consensus. Its impact can be minimized even by other ways and means also such as by seeking opinion from external resources so as to be over sure about ones own decision. External agencies are generally unbiased as they have no direct interest in the organization or the individual. Another very important way is to appreciate the efforts of the employees which would encourage them to take more sound decisions for the organizations welfare. Also people who make mistakes should be enlightened about the same rather than penalizing them. Sessions should be held and discussions and re-discussions should be done for resolving graver issues so that bouncing back of problems will help to bring out newer sides of the problem which may be positive as we ll as negative (Mindtools.com, 2016). It is very crucial for companies to understand that it is the organizational behaviour that puts any organization at risk rather than occurrence of any contingent event. Eminent scholars have also proposed that amongst others, awareness is one such way to ensure that biasness is eliminated while arriving at a decision, however it is not applicable at the top and middle level management of any organization which has a more complex structure. The same is helpful at the lower levels where the decisions are minor and there biasness is very ineffective for the organizations goals and aims (McGinnis, 2007). Individuals who are a part of organizations are held to be mature enough. Thus they should also take steps on their own to minimize biasness in their work by working upon ones capability to judge without prejudice. They should make a deliberate attempt to look at situations from a neutral view point. This is although a sort of self awareness but the same is also to be supported by the organizations itself. The companys protocols should ensure visiting of various decisions of all levels. Individuals and organizations should make an effort together to find out the reasons for bias decisions and take steps for its removal from the scenario so that accuracy can be maintained. For this timely reviews should be conducted which would also inculcate a discipline amongst the employees that anything which is not exemplary or in line with the organizations requirement can cost them. Although self check is the best check but there are times when the same is not possible. It is then when feedback from others should be welcomed in a healthy manner and the organization should also contribute in it by ensuring that it does not give rise to any negative or false environment (Rudman et al. 2001). Thus from the above context it is very clear that judgements are coupled with biasness which effects its accuracy and acceptability. Individuals belonging to any cadre of an organization should ensure that personal fractions should not dominate ones decisions. Further decisions should not be taken in haste. Proper investigation and interrogation is required and team should comprise of all the members and not restricted to only a few powerful of them. All the voices raised should be heard and decisions which are best in the interest of the organization should only be taken. Thus biasness is although present and data even though collected is accurate the same can be addressed only with a joint effort on the part of the individuals as well the organization itself. References: Bauer, T., Erdogan, B., (2001), Organizational Behaviour, Available at : https://catalog.flatworldknowledge.com/bookhub/3?e=bauer-ch11_s01 [Accessed 16th August 2016] DeSteno, D., Dasgupta, N., Bartlett, M., Cajdric, A. (2004). Prejudice from thin air: The effect of emotion on automatic intergroup attitudes. Psychological Science, vol. 15, pp. 319-324. Dietrich, C., (2010), Decision Making : Factors that Influence Decision Making , Heuristics Used and Decision Outcomes, Inquiries Journal , vol. 2 no.2. Gutnik, L.A., Hakimzada, A.F., Yoshkowitz, N.A., Patel, V.L. (2006), The role of emotions in decision making : A cognitive neuroeconomic approach towards understanding sexual risk behaviour, Journal of Biomedical Informatics, Vol. 39, no. 6, pp. 720-736 Korte, R.E., (2003), Biases in Decision Making and Implications for Human Resources Development , Advances in Developing Human Resources, vol. 5, no. 4, pp. 440-457 Lovallo, D.P., Sibony, O. (2006), Distortions and deceptions in strategic decisions, Available at : https://www.mckinsey.com/business-functions/strategy-and-corporate-finance/our-insights/distortions-and-deceptions-in-strategic-decisions [Accessed 16th August 2016] McGinnis, S.K., (2007), Organizational Behaviour and Management Thinking, Jones and Barlett Publishers Mindtools.com, (2016), Avoiding Psychological Bias in Decision Making, Available At : https://www.mindtools.com/pages/article/avoiding-psychological-bias.htm [Accessed 16th August 2016] Nead, N., (2015), Overcoming Organizational and Individual Biases, Available at : https://investmentbank.com/overcoming-organizational-and-individual-biases/ [Accessed 16th August 2016] Richeson, J., Nussbaum, R. (2004). The impact of multiculturalism versus color-blindness on racial bias. Journal of Experimental Social Psychology, vol. 40,pp. 417-423. Rudman, L., Ashmore, R., Gary, M. (2001). Unlearning automatic biases: The malleability of implicit prejudice and stereotypes. Journal of Personality and Social Psychology, vol. 81, pp. 856-868. Wilson, T. D., Brekke, N. (1994). Mental contamination and mental correction: Unwanted influences on judgments and evaluations. Psychological Bulletin, vol. 116, pp. 117-142. Workingresources.com. (2016), The 8 Traps of Decision Making , Available at : https://www.workingresources.com/professionaleffectivenessarticles/the-8-traps-of-decision-making.html [Accessed 16th August 2016] Wolf, R.F., (2012), How to Minimize Your Biases When Making Decisions, Available at : https://hbr.org/2012/09/how-to-minimize-your-biases-when [Accessed 17th August 2016]
Thursday, November 28, 2019
Baseball Is Americas Past Time free essay sample
Baseball is Americas pastime Over the years baseball has been given the name Americas pastime, this statement is true it is deemed one of the best sports in the United States and it has never changed. During the baseball season, there is usually a game on during any day of the week from as early as noon to as late as 10:30. It has evolved so much over the years that it has been created; it has gone through triumphs and controversies. However, even as the darkest cloud rolls over, Major League Baseball continues to prosper. Baseball is one of the few sports that could be defined by eras, it has the best development league of any sport, and how this is the only sport that could give you a hometown feel. Ever since the first World Series baseball has gone through several eras, one of the earliest eras was known as the Debatable era, during the early 20th century. We will write a custom essay sample on Baseball Is Americas Past Time or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This started to form when the American League was created and several teams were not able to afford several baseballs for a game. Also, several different variations of pitches were created and this would destroy the baseball. This era would end around 1920 with the rise of Babe Ruth. The next era would be known as the Expansion era; this era would not start until the late asses and would last until the late asses. This era would result in the expansion of Major League Baseball sporting a team in every part of the country, including Canada. The next era is an era that is personally a favorite of mine but it has several controversies to it. The power era, which started in the late asses, was an era when some players were averaging forty to fifty numerous a year, however in the asses the discovery of P. E. D (Performance Enhancing Drugs) would make this great era a dark cloud on baseball. Even through all of this, fans continue to flock to the stadiums, which make this sport Americas pastime. Several sports leagues have developmental leagues, however none of these compare to the Mils development league. One of the great things about the system is that they have three forms of the league, AAA, AAA, A, leagues. What is so great about this system is that you could watch your hometown hero become a baseball tar right before your eyes. Another great thing is that if you live a few hours away from a Major League team, odds are you have a development team playing near you. Also, some people believe that watching these smaller teams gives them a more comfortable small town feeling compared to the big city teams. Baseball is one of the few sports that could give you a hometown feeling. From the singing of take me out to the ball game, to the seventh inning stretch. Baseball can make the usual 27,000 in the stands feel like they are at home. Everyone is usually talking to each other throughout the game, you can be talking to someone you do not know for the whole game. Baseball gives you that feeling that will either make you filled with excitement or filled with grief. Baseball also has a great development system, which leads to leads to more of this hometown feeling. Baseball has several great things to it, it has grown so much threw out its creation and it continues to have a bright future a head of it. I have a great passion for this port because each team NAS 27 outs in order to win the game. The one thing I would like to have in the sport though is a tighter salary cap; however, I love the story of the underdog so I believe that the system is Just right the way it is. This is a sport that no matter what day of the week you could always find a game to watch and enjoy it. This sport is the best sport that is currently being played in the world. From the cheers in the dog days of summer to the championship parades in October, baseball covers some of the best parts of the year.
Sunday, November 24, 2019
4 Ways to Balance Family and Online School
4 Ways to Balance Family and Online School Balancing school and family life can be a challenge, even for online learners. While many older adults choose to continue their education through the internet, they often find their study time interrupted by spouses and children who miss them and donââ¬â¢t understand the need for ââ¬Å"alone time.â⬠Here are a few suggestions for maintaining good relationships with those you love while studying online.à Set Some Ground Rules for All Parties Chances are youââ¬â¢ll need some peace and quiet to get your work done. Setting specific times and posting a schedule on your office door (or kitchen fridge) can be a great way to form a common understanding and keep resentments from forming. Let your family know when youââ¬â¢ll be available and when they shouldnââ¬â¢t disturb you. If youââ¬â¢re in an online chat meeting, for example, you may want to hang a ââ¬Å"do not disturbâ⬠sign on the door. Let children know what instances are appropriate for interruption (a stuffed bear causing the toilet to overflow) and which are inappropriate (they have a sudden urge for ice cream). This street goes both ways, however, and youââ¬â¢ll also need to set some ground rules for yourself. Be available to your family during your off-hours and give them the attention they need. Let them know that they can trust you to be available when you say you will, and theyââ¬â¢ll be more willing to wait. Dont Forget Play Time Online courses can get intense at times, particularly if youââ¬â¢re enrolled in more than one. But, donââ¬â¢t get so caught up that you forget to have fun. If need be, set aside a ââ¬Å"family nightâ⬠to play games or find entertainment with your children or a ââ¬Å"date nightâ⬠to spend a little quality time with your spouse. Youââ¬â¢ll get much-needed relaxation and theyââ¬â¢ll appreciate seeing you in a less stressful mood. Be An Example If you have school-aged children, use your own studies to set an example for how they can succeed in their own classes. Try setting aside a study time each afternoon when you study alongside your kids. Serve a nutritious snack (think smoothie and apples rather than green beans) and play relaxing music. Chances are theyââ¬â¢ll mimic the study skills you model and their grades will benefit. Meanwhile, youââ¬â¢ll get a chance to complete your own studies while spending some time with your kids. Itââ¬â¢s a win-win. Involve Your Family in Your Learning Donââ¬â¢t just slink away into the back room and come out, red-eyed and silent, after a few hours of intense studying. Let your family know youââ¬â¢re accomplishing something meaningful. If you discover something interesting, bring it up at the dinner table or discuss it while driving your kids to school. Let your spouse tag along on field trips to the art museum or city counsel. Chances are theyââ¬â¢ll enjoy being involved in this part of your life and youââ¬â¢ll appreciate the chance to share it.
Thursday, November 21, 2019
Wichita Confronts Contamination Essay Example | Topics and Well Written Essays - 250 words
Wichita Confronts Contamination - Essay Example This is most notably because of the misunderstandings that were experienced between all the parties. The political bargaining in Cherchers point of view gave everyone a piece of the bargaining objective. This made everyone at least pleased with the offer in place rather than pleasing some and displeasing the rest hence the term ââ¬Å"win-win situationâ⬠. The political bargaining played an important role in the outcome which was unifying the central government. This led to the application of a federalist system in Wichita that gave the local governments the power of solving their problems instead of taking them to the higher government levels. This saved the town from an unattractive scenario that involved economic meltdown. This saved many businesses from huge losses. Intergovernmental relations refer to how the different units of the government interact with each other as a whole. It is also how they work hand in hand to achieve their purposes and take responsibility of their different roles. It is how these entities also share the power. It is an assessment of how the branches of the government which primarily have different functions are united by the almost similar responsibilities to work as a whole. According to (Conlan), Cherchers had to align mutual inducements as a way of keeping all the government levels in check. This led to the creation of a win-win situation. If this was not applied there probably would be more conflicts between the intergovernmental institutions.
Wednesday, November 20, 2019
Lenin and Bolshevik Revolution Essay Example | Topics and Well Written Essays - 2500 words
Lenin and Bolshevik Revolution - Essay Example Throughout Russia had only one leader, Lenin, who planned, plotted, propagated and executed the task of bringing down the monarchy to replace it with the communist rule. Even after coming to power through a bloody path that eliminated ordinary people, the noble class including the royal family, most of which definitely must have happened under his direction, Lenin, unlike Stalin, tried hard to bring justice to the sufferers and wholeheartedly tried to make his dream a practical reality. There are no two opinions about his intentions or the way in which he conducted himself even after becoming the ruler. There were many leaders in Russia of the day; but they were followers of Lenin, and it was only Lenin who dreamt of the revolution, worked for it, planned every move, executed it flawlessly and created a communist society for the first time in the world. Lenin was very aware of the right timings for every action especially so, after the brief and un-prepared coup became unsuccessful. "The Bolsheviks became involved in an abortive coup in July, from which Lenin deduced the importance of the precise timing for any future attempt," says Stephen J. Lee1. After a very long and frustrating life of a fugitive, Lenin was very keen that all his carefully laid out plans should not lead to a disaster. When the first abortive coup happened, he became more careful about the timings and preparations. Even his enemies and critics are impressed by his hard work, planning capability, practicality and the capacity of taking all the circumstances into focus before making any decision. Very few of his decisions went wrong and whenever they did, he took great pains to either correct them or to terminate them. There were no doubt, many leaders and visionaries. But it was he, who guided every step of the revolution, though his successors ruined his achievements to a very large extent. "Lenin is the key to understanding the Russian Revolution. His dream was the creation of the world's first Socialist state. It was a short-lived dream that became a nightmare when Stalin rose to absolute power in 1929. Lenin was the avant-garde revolutionary who adapted Marxist theory to the practical realities of a vast, complex and backward Russia2". It is very difficult to find a historian who could undermine the role Lenin played in the revolution. People might agree or disagree with him; but they could never ignore him and all historians know that there could not have been a better leader under those circumstances, and anyone other than him, would have been a dismal failure, in throwing out a very powerful monarchy and uniting, modernising a country of the size of a continent. He, according to the requirement of the circumstances, could show the idealistic, modernistic, communist, educationist, heroic and totally committed facets of his personality as a leader thus to find support and sympathy from almost all the sections of Soviet Russia. What he achieved single-handedly would be very difficult to
Monday, November 18, 2019
Biomarkers Essay Example | Topics and Well Written Essays - 1000 words
Biomarkers - Essay Example In aquatic environment, biomarkers depend upon the physical environmental conditions such as temperature, pH or salinity, as well as toxic concentrations of chemical pollutants or any combination of these. Biomarkers can be categorized as non-specific and specific according to their responses to a particular element or a group of environmental factors (Mayer et al., 1992). non-specific biomarkers, for example ribonucleic acid/deoxyribonucleic acid, radiolabelled amino acid or nucleotide incorporation, and adenylate energy charge, give direct information on the growth rate or potential of an organism but they can not be used to determine the particular toxicant. Specific biomarkers can be again categorized n to two sub-categories, organ, and toxicant specific according to method of their recognition. Organ specific biomarkers are analyzed by examining changes in concentration specific enzymes in organisms whether as Toxicant-specific biomarkers are analyzed according to the exposure and effects on an organism due to a chemical or group of chemicals. Lactate dehydrogenase (LDH), transaminases, creatine phosphokina... criteria with which to assess results should be available Biomarkers can be categorized as non-specific and specific according to their responses to a particular element or a group of environmental factors (Mayer et al., 1992). non-specific biomarkers, for example ribonucleic acid/deoxyribonucleic acid, radiolabelled amino acid or nucleotide incorporation, and adenylate energy charge, give direct information on the growth rate or potential of an organism but they can not be used to determine the particular toxicant. Specific biomarkers can be again categorized n to two sub-categories, organ, and toxicant specific according to method of their recognition. Organ specific biomarkers are analyzed by examining changes in concentration specific enzymes in organisms whether as Toxicant-specific biomarkers are analyzed according to the exposure and effects on an organism due to a chemical or group of chemicals. Lactate dehydrogenase (LDH), transaminases, creatine phosphokinase, lysosomal enzymes, alkaline phosphatases and mixed function oxidase are the examples of organ specific biomarkers while as inhibition of acetylcholinesterase (AChE) by organophosphates and inhibition of cytochrome P monooxygenase, methallothionein and metal binding proteins by metals are some of the toxicant specific biomarkers (Mayer et al., 1992; Gagn and Blaise, 1993). There are basically two parameters for biomarker assessment: global reference values and comparative values. global reference values can be developed for DNA adducts, ALA-D, AChE, scope for growth, CEA, PAH-metabolites, GST, lysosomal stability, micronucleus formation, vitellogenin, MT biomarkers and comparative values can be used for ethoxyresoroufin-o-deethylase (EROD), antioxidant enzymes, peroxisomal
Friday, November 15, 2019
Effect of the 2012 Olympic Games on Disabled Transportation
Effect of the 2012 Olympic Games on Disabled Transportation The Olympic Games in 2012 can ââ¬Å"leave a legacy of accessible transport and facilities not just for disabled sportsmen and women, but for people with a disability in general.â⬠[1] Phil Lane, British Paralympic Association Chief Executive Table of contents (Jump to) 1. Introduction 2. Methodology 3. Evaluation 3.1. Legislation 3.1.1. DDA 1995 3.1.1.1. Meaning of Disability 3.1.1.2. Meaning of Discrimination 3.1.1.3. Positive Duty under the DDA 2005 3.1.1.4. Taxis and Private Hire Vehicles 3.1.1.5. Rail Vehicles 3.1.1.6. Public Transport Vehicles 3.1.1.7. Aircraft and Ships 3.1.1.8. DDA 1995: Comparison to other Anti-Discrimination Legislation 3.1.1.9. Criticisms 3.2. Case Law 3.3. Stakeholder Commentary 3.4. Survey Results 4. Recommendations 5. Conclusion 5. Appendix ââ¬Å"Aâ⬠6. BIBLIOGRAPHY 1.à Introduction The Labour government under Tony Blair has set out an ambitious agenda for tackling disability discrimination across society. Part of this agenda has involved amendments to the Disability Discrimination Act 1995 (DDA 1995)[2] in order to ensure that the lessons of the first ten years of the Act having been in force are taken into account. The DDA 1995 sets out, along with the regulations and orders made under the Act, the legislative framework the intention of which is to ensure that disabled people throughout the country have access to the same opportunities as the public at large. With London having been awarded the Olympic Games in 2012, the ability of this legislative framework to force through change, both on a functional level, and on a cultural one, will be put to the test. The purpose of this report is to examine and critically assess, within the context of transport in London and airline operators, whether or not this legislative framework is sufficient to meet the needs of disabled people coming up to the Olympic Games and beyond. 2.à Methodology In order to assess the readiness of London to meet the needs of disabled travellers during the Olympic Games and beyond within the confines of a research paper it is necessary to clearly define the scope of the intended research. In this case, the scope of the investigation is limited to transport in London, which includes taxis, trains, public authority vehicles, buses, the underground, aircraft and, to a lesser degree, accessibility to the buildings from which those transport vehicles leave from and arrive to. In order for it to be concluded that London will be ready to meet the needs of disabled travellers by 2012, it will need to be shown, that the current legislative framework is sufficient; that where there are ambiguities within the legislation, the Courts have been willing to provide useful guidance to transport providers and disabled travellers generally; that the culture within the public transport industry has changed with managers and employees now aware of their obligations under the legislation; that there are adequate penalties in place to discourage those that fail to comply; and finally, that these previously mentioned factors will all work together to provide disabled travellers with a integrated means of getting around London by 2012. In order to investigate these matters, it was necessary to look in detail at the provisions of the Disability Discrimination Act 1995 (DDA 1995), how the Act has been amended over the past eleven years, and in particular by the Disability Discrimination Act 2005 (DDA 2005), the various regulations and orders made under the DDA 1995 pertaining to public transport, cases decided dealing with the DDA 1995 and various commentary available from both public transport service providers, disabled travellers and other stakeholders. A survey of both rail and airline employees was also undertaken in order to gauge the level of understanding of the provisions of what is a complicated and often misinterpreted piece of legislation. The results of that survey are set out in Appendix A and discussed within the body of this report. 3.à Evaluation 3.1à Legislation One of the main aims of this report is to establish whether or not the amendments made to the DDA 1995 by the DDA 2005 have assisted in making the DDA 1995 more accessible or whether it remains, as noted by Lord Justice Mummery, ââ¬Å"without doubt an unusually complex piece of legislation which poses novel questions of interpretation.â⬠[3] 3.1.1à DDA 1995 The primary piece of legislation dealing with discrimination against disabled people using public transport is the DDA 1995 which has been amended by the DDA 2005. The DDA 2005 received royal assent on the 7th April 2005. Its main purpose was to give effect to the submissions made by various groups relating to the operation of the DDA 1995 over the preceding ten years by providing for certain important amendments in relation to that legislation. The DDA 2005 makes several substantial amendments to the DDA 1995. Those that apply to public transport are set out in Sections 5 to 9. Section 5 inserts a new Section 21ZA into the DDA 1995 and replaces the existing exclusion of transport services from Sections 19 to 21 of the DDA 1995 with a more precise exclusion which relates to only those transport services which consist of vehicle provision and use. Section 21ZA(1)(b) excludes discrimination which relates to a service provided, or not provided, while a disabled person is travelling in a vehicle. Section 21ZA(2) excludes from the duty to provide adjustments, transport services involving providing or using a vehicle. Sections 21ZA(1) and (2) can be disapplied through regulations made by the Secretary of State under Section 21ZA(3).[4] Section 6 of the DDA 2005 clarifies the timeframe for the bringing into force regulations dealing with all rail vehicles and the duty requiring rail operators to have in place measures allowing for disabled people to get on and off regulated rail vehicles in safety and without unreasonable difficulty and to be carried in regulated rail vehicles in safety and reasonable comfort. The Secretary of State is now required, under the new Section 46(4A) to ensure that all rail vehicles are regulated under the rail vehicles accessibility regulations by 1st January 2020. Section 6 also removes from the definition of ââ¬Å"rail vehicleâ⬠the exemption relating to vehicles first brought into use after 31st December 1998. This means that there is now no start date and the Secretary of State is able to make regulations which apply to all rail vehicles and for instance, make regulations which apply to rail vehicles first brought into service before 1998 and which are for example refurbished. This closes a potential loop-hole in the legislation and allows the Secretary of State to meet the deadline imposed by 46(6A).[5] Section 6(3) clarifies the Secretary of Stateââ¬â¢s powers to make exemption orders relating to regulated rail vehicles by specifically allowing the making of exemption orders which relate to the operational as well as the construction elements of the rail vehicle accessibility regulations. Section 6(4) clarifies the procedure to be followed by the Secretary of State when exercising their discretion under Section 67(5A) of the DDA 1995. This procedure applies to the making of exemption orders and requires the Secretary of State to consult the Disabled Persons Transport Advisory Committee, and any other bodies that may be appropriate, and furthermore, for such regulations to be subject to the draft affirmative procedure which allows for greater parliamentary scrutiny. In the same vein of providing closer scrutiny over the making of exemption orders, Section 6(5) of the DDA 2005 inserts a new section (67B) which requires an annual report to be produced by the Secretary of State deta iling the exemption orders which have been made and containing details of the consultation process undertaken.[6] Section 7 of the DDA 2005 deals with the new concept of rail accessibility compliance certificates and allows for the Secretary of State to make regulations appointing independent assessors responsible for granting and enforcing the certificates, setting out the mechanisms for the charging of fees and dispute resolution. The intention of the certification scheme is to ultimately prohibit regulated rail vehicles operating without a valid compliance certificate. These certificates will also provide a degree of flexibility with Section 47A(4) allowing the certificates to be subject to conditions.[7] Section 8 of the DDA 2005 replaces the criminal sanctions set out in the DDA 1995 for a breach of the rail vehicle accessibility regulations with a civil regime allowing the levying of penalties should an improvement notice and final notice issued by the Secretary of State not be complied with. It also provides the Secretary of State with new powers of inspection in cases in which it is suspected that a regulated rail vehicle fails to conform to the provisions of the rail vehicle accessibility regulations (Sections 47E and 47F). New sections 47D to 47L deal with the imposition of penalties on train operators. Section 47D to 47H deal with the amount, due date and recovery of penalties imposed under the Act. Most importantly, any penalty imposed cannot exceed 10% of the operatorââ¬â¢s ââ¬Å"turnoverâ⬠. Section 47K sets out the procedure to be followed and the operatorââ¬â¢s right to object. If the operator is not satisfied with the penalty imposed by the Secretary of State, they have the right to appeal to a Court, whether or not they have lodged an appeal with the Secretary of State, but only on the grounds that either the penalty should not apply to them or that the level of the penalty is too high.[8] Section 9 allows for the recognition in England and Wales of disabled personsââ¬â¢ parking badges issued in foreign jurisdictions. This then allows for reciprocal recognition of UK badges in other EU countries.[9] 3.1.1.1à Meaning of Disability The DDA 1995 defines a ââ¬Å"disabled personâ⬠as someone who has a disability.[10] A person has a disability if they have, ââ¬Å"â⬠¦a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.â⬠[11] This is further clarified in Schedule 1 of the DDA 1995. A mental impairment is not exhaustively defined but it originally only included mental illnesses in cases in which that illness is clinically well-recognised.[12] This constraint has now been removed by Section 18(2) of the DDA 2005. In addition, the DDA 2005 by way of Section 18(3) deems those suffering from HIV, Cancer or MS to be disabled before the symptoms set out in Section 1, or paragraph 8 of Schedule 1, have been experienced by them.[13] An impairment is held to be long-term if a person has had it for at least twelve months, it is expected to last for at least twelve months or it is likely to affect the person for the rest of their life.[14] 3.1.1.2à Meaning of Discrimination Section 3A(1) of the DDA 1995 states that a disabled person is discriminated against if, for a reason relating to a disabled personââ¬â¢s disability, a person treats a disabled person less favourably than they would someone without a disability and the person alleged to be discriminating against the disabled person cannot show that it is justified to treat them in this way. In order for the treatment referred to above to be justified, it must be both substantial and material to the particular casesââ¬â¢ circumstances.[15] However, if the treatment amounts to direct discrimination, it cannot be justified.[16] Similarly, if the person was required to make reasonable adjustments to cater for disabled people and has not done so, they will not be able to rely on a defence of the treatment being justified unless even if he had complied with the duty it would have been justified.[17] More relevantly to the issue of public transport, a person is also held to have discriminated against a disabled person if when a duty to make reasonable adjustments in relation to disabled people is imposed on them, they fail to comply with that duty.[18] 3.1.1.3à Positive Duty under the DDA 2005 The DDA 2005 introduced the concept of a ââ¬Å"positive dutyâ⬠for public authorities which makes it unlawful for them to, in the course of carrying out its functions, to discriminate against disabled people.[19] A similar ââ¬Å"positive dutyâ⬠has not been included with respect to private companies and employers. 3.1.1.4à Taxis and Private Hire Vehicles The DDA 1995 allows the Secretary of State to make regulations to ensure that it is possible for disabled persons; ââ¬Å"to get into and out of taxis in safety,â⬠and ââ¬Å"to be carried in taxis in safety and in reasonable comfort;â⬠and for disabled persons in wheelchairs; ââ¬Å"to be conveyed in safety into and out of taxis while remaining in their wheelchairs,â⬠and ââ¬Å"to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.â⬠It is proposed that regulations are introduced in respect of all new Taxis by 2010 and all Taxis by 2020.[20] One notable exception is that private hire vehicles are not provided for under the DDA 1995 however, this is not an exception that is likely to remain for long with both the Disabled Persons Transport Advisory Group and the Disability Rights Commission looking into the matter.[21] 3.1.1.5à Rail Vehicles A ââ¬Å"rail vehicleâ⬠as amended by the DDA 2005 is a vehicle, ââ¬Å"constructed or adapted to carry passengers on any railway, tramway or prescribed system.â⬠[22] The DDA 1995 provides the Secretary of State with the power to make ââ¬Å"rail vehicle accessibility regulations.â⬠[23] These regulations, made in 1998 and amended in 2000, cover several important areas. They allow the Secretary of State to require, by way of these regulations, transport operators to provide means for disabled persons to be able to get on and off regulated rail vehicles in safety and without difficulty and to be able to travel in those vehicles in safety and comfort. They also cover such matters as, ââ¬Å"wheelchair accessibility, the design of on-board accessible toilets, the size and location of handrails, handholds and control devices as well as the provision of audible warnings and other equipment.â⬠[24] The DDA 1995 also allows the Secretary of State to make an exception in relation to a case in which a rail vehicle operator is unable to meet the requirements and makes an application for exemption. An example of such an exemption relating to London is the one granted to Gatwick Express (The Rail Vehicle Accessibility (Gatwick Express Class 458) Exemption Order 2006). This Order exempts Gatwick Express from some of the requirements of the regulations until April 2011.[25] However, without doubt, the main hurdle that the government needs to overcome to ensure that the Olympic Games in 2012 are an inclusive event is the issue of accessibility to the London Underground. Transport for London currently lists as accessible by means other than stairs or escalators, only 40 of its 275 underground stations.[26] The pace of improvements taking place also fails to fill one with confidence. Over the next five years there will be an additional 27 step-free stations. The intention is then for 25% to be step-free by 2010 and 50% by 2015.[27] As the Disabled Persons Transport Advisory Committee (DPTAC) correctly point out, if these figures are to be accepted, less than half of Londonââ¬â¢s Underground stations will be accessible by way of stair-free means by the time of the Olympics in 2012 and this is a situation that they find unacceptable.[28] While being the main means of transport for many spectators who will arrive in London at the time of the Olympic Games, the Tube is also perhaps the most culturally significant icon that London possesses and it will reflect poorly on the country as a whole if accessibility to London Underground stations has not been addressed in a productive manner before 2012. 3.1.1.6à Public Transport Vehicles The regulations applying to public transport vehicles are set out in the Public Service Vehicles Accessibility Regulations 2000. These regulations provide standards which are to be met and apply to ââ¬Å"all new public service vehicles (buses or coaches) introduced since 31st December 2000 with a capacity exceeding 22 passengers used to provide a local of scheduled service.â⬠[29] They also set out deadlines for the meeting of the standards. For instance, wheel chair users must be able to access all small buses by the 1st January 2015, large single deck buses by the 1st January 2016 and double deck buses by the 1st January 2017.[30] At present the accessibility by wheelchair users of buses nationwide stands at approximately 30%.[31] However, the DPTAC note that with respect to Londonââ¬â¢s buses, accessibility for wheelchair users is close to 100%.[32] The main concern with respect to buses in the capital is not in relation to compliance with the required modifications, but rather with the failure of some drivers to use the modifications available to assist their disabled passengers.[33] It should be noted that the Public Service Vehicles Accessibility Regulations 2000 do provide for a driver refusing to assist a disabled person in cases in which doing so would ââ¬Å"adversely affect his health or safety, your safety or that of other passengers or the safety of the vehicle.â⬠[34] However, it should be stressed to all drivers that this exemption should only be relied upon in specific circumstances with clear examples being provided. Finally, the DPTAC also suggest the greater availability of audible and visual information systems and this is an area that Transport for London is considering as an improvement for all their customers, not only those that are disabled.[35] 3.1.1.7à Aircraft and Ships One of the main criticisms of the DDA 1995 is that it fails to specifically address the duties of ship and airline operators. While ports and airports will still need to comply with the requirements of the legislation, the DDA 1995 fails to provide in respect of ships and aircraft the same regulatory making powers that it provides with respect to taxis, rail and public transport vehicles. Ships and aircraft come under European laws dealing with anti-discrimination legislation, however it is still argued that for disability discrimination legislation to be effective, it must apply to all public transport vehicles that operate within the UK. This gap in the legislation is seem as a major hurdle to ensuring that there is consistency across all types of public transport coming up to the Olympic Games and beyond. The DPTAC endorses this view and notes that ââ¬Å"aircraft and ships will be the first and last Olympic travel experience that most overseas participants and audiences will experience, and we believe that the Government should do all it can to ensure that that experience is a positive one.â⬠[36] They also emphasise that aviation and shipping are currently covered by voluntary codes but that the government has made it clear that should these codes fail, they would be prepared to remove the exemption from Part 3 of the DDA 1995 that currently applies to them.[37] As Karen Buck, Parliamentary Under Secretary of State for Transport sets out in her response to Tony Manwaring, CEO of Scope, the government is carrying out benchmarking tests in association with DPTAC the results of which were hoped to be available in early 2006. These exercises would then help determine whether or not it was necessary to lift the DDA 1995 Part 3 exemption currently granted to airline and shipping trans port providers.[38] 3.1.1.9à DDA 1995: Comparison to other Anti-Discrimination Legislation One of the most important differences between the DDA and other anti-discrimination legislation is that the DDA only applies to people who meet the criteria set out for being disabled. The Disability Rights Commission estimates that approximately ten million people have rights under the DDA 1995.[39] In contrast, other anti-discrimination legislation is much more pervasive in its application and applies to all members of society as long as they can show that the type of discrimination they are alleged to have suffered occurred. Another important difference is that the DDA takes into account the fact that the aim of assisting people with a disability is not to ensure that they receive equal treatment but rather, treatment which is appropriate to their circumstances. As such, the DDA does not aim to restrict the ability of those dealing with disabled people to positively discriminate in their favour, rather accepting that where appropriate, disabled people need to be treated differently.[40] Under other anti-discrimination legislation, discrimination can never be justified. 3.1.1.9à Criticisms Jan Nesbitt, chair of the Disability Law Service, notes that, ââ¬Å"one of the weaknesses of the DDA has been that the service provision elements have been brought in over a lengthy period of time and some disabled people have had to wait for their needs to be met. There are some areas that are unsatisfactory, transport is still not covered, except for design featuresâ⬠¦Ã¢â¬ [41] The focus of the DDA 1995 is to put the duty to change on the public transport operators. This focus is sometimes referred to as being ââ¬Å"solution-orientedâ⬠.[42] A solution-oriented approach to disability discrimination is a positive and extremely powerful tool in combating discrimination. However, this approach can only genuinely apply to those with physical disabilities and this has lead some commentators to suggest that the DDA 1995 is in fact discriminatory in itself as it places much more emphasis on those with physical disabilities as opposed to those suffering from mental disabilities. This however could be said to simply reflect the relative ease of making adjustments for those with physical disabilities, compared to making adjustments for those suffering from mental illnesses. People suffering from mental illnesses create a much more difficult problem for public transport providers to solve. There are no simple physical modifications that can be made to cater for people suffering from mental illnesses. This is further exacerbated by fact that it is often clear when someone is suffering from a physical impairment and staff can be trained to respond to their needs quickly and effectively. It is a lot more difficult to gauge whether or not someone is suffering from a mental illness, how best to assist them and whether or not they may pose a danger to staff and/or other members of the public. A frightening prospect is that the legislation as it currently stands could allow public transport companies to segregate those with disabilities from the rest of the travelling public. While this is already done to some extent, eg spaces for people needing wheelchair access; it is only a short distance from an ID card which lists a personââ¬â¢s disability, to a separate carriage for those with disabilities. The unfortunate aspect of this is that it would no doubt be argued that this solution provides the best means of catering for the individual needs of disabled people. 3.2à Case Law One of the leading cases decided under the DDA 1995 was Clark v TDG Ltd (t/a Novacold).[43] This was an appeal from the Employment Appeal Tribunal and was the first appeal decided by the Court of Appeal (Civil Division) under the DDA 1995. While that case dealt with employment law, Lord Justice Mummeryââ¬â¢s comments about the DDA 1995 and its relationship to other anti-discrimination legislation is still of importance to the area of public transport. Lord Justice Mummery stated, ââ¬Å"Contrary to what might be reasonably assumed, the exercise of interpretation is not facilitated by familiarity with the pre-existing legislation prohibiting discrimination in the field of employment (and elsewhere) on the grounds of sex (Sex Discrimination Act 1975) and race (Race Discrimination Act 1976). Indeed, it may be positively misleading to approach the 1995 Act with assumptions and concepts familiar from experience of the workings of the 1975 Act and the 1976 Act. Unlike the earlier discrimination Acts the 1995 Act does not draw the crucial distinction between direct and indirect discrimination on specified grounds; it provides a defence of justification to less favourable treatment which would constitute direct discrimination and be without such a defence under the earlier Acts; and it does not replicate the express requirement of the 1975 Act (section 5(3)) and the 1976 Act (section 3(4)) that, when a comparison of the cases of persons of different sex or persons of different racial groups falls to be made, the comparison must be such that the relevant circumstances in the one case are the same, or not materially different, in the other. One consequence of these differences is that the terms discriminate and discrimination are not used in Part II of the 1995 Act in the same sense as in the earlier Acts. Failure to discern and observe this difference in meaning in decision making (and in commentaries on both the 1995 Act and on decisions under it) can lead to serious conceptual confusion.â⬠The key question that Lord Justice Mummery concluded as being fundamental to whether or not a disabled person had been discriminated against was, ââ¬Å"is the treatment related to a complainantââ¬â¢s disability?â⬠[44] Andy Rickell, director of the British Council of Disable People has stated, in respect of the case law arising from the DDA 1995, ââ¬Å"Barristers are, and have been, running a coach and horses through disabled peopleââ¬â¢s rights.â⬠[45] Jan Nesbitt, chair of the Disability Law Service, concurred with Rickellââ¬â¢s sentiments but added; ââ¬Å"Itââ¬â¢s like any new piece of legislation, barristers will find loopholes because thereââ¬â¢s no case law so thereââ¬â¢s nothing to test against. I think what happened in the beginning was that a lot of disabled people, in employment tribunals particularily, conducted their own case, and fell at the first hurdle which was proving that they were a disabled person. Any good barrister will make their case. The definition of ââ¬Å"disabilityâ⬠is one of the things thatââ¬â¢s currently being reviewed so that tribunals and courts have a better understanding of it. In any case, it is important for disabled people to get access to legal representation when taking a case.â⬠[46] A case more relevant to transport was Roads v Central Trains.[47] This case involved a disabled resident of Norwich who relied on her electric wheelchair for mobility who brought a claim against Central Trains. The facts of the case revolved around the claimant not being able to access platform 1 at the station. The only means of accessing the platform from the side he was on was to either cross the footbridge or travel half a mile down the road where he could pass under the track and return on the other side. As both of these alternatives were not reasonable, the train company suggested the claimant, at no extra cost, take the train to a further station which was equipped with disabled access facilities, adding approximately one hour to the journey time. The claimant suggested that this was not reasonable and that the defendant company should have paid for a specially adapted taxi to drive him around to the other side. In the first instance, the Judge held that as the nearest specia lly adapted taxi was based in Norwich which was some way from Thetford where the station was located, it was unreas
Wednesday, November 13, 2019
Religion vs. Rights: Which One Belongs In Schools? :: essays research papers
Religion vs. Rights: Which One Belongs In Schools? Before the government provided formal schools and programs of education, religion had been a major part of every person's education. As public schools started, this teaching of faiths continued with the practice of prayer before class and bible reading sessions (Burstein, 26). Were those actions taken in these classes constitutional, or did the practicing of religious activities deny people the freedom of religion guaranteed in the constitution? Many of those who find prayer and religion in school offensive say that it is a violation of their rights. Mr. Justice Black of the United States Supreme Court, once said, "The First Amendment has erected a wall between the Church and State which must be keep high and impregnable" (Bosmajian, 7). Those in support of religious teachings in public schools see participation in theological activities as a chance to teach morals, community ethics, and peace over violence. Nevertheless, the achievement of those goals through the deni al of basic rights is wrong. Today's society is, fast paced, competitive, and based totally on equality. Consequently, religion, whether it be denominational or not, has no place in the classrooms of today's public schools. The reasons for this position are the establishment clause, the rulings of the Supreme Court, and the role that a school has in a community. What is stopping this process of allowing prayer and schools to combine? The establishment clause is the main cause of this roadblock. The American public seems to think that the establishment clause, or religious freedom, means that personal beliefs can be instituted any place at any time. They feel that the courts interpretation of the clause not only takes God out of the lives of the students, but that the removal of religion also removes basic ethics and the teaching of morals (Gay, 65). This removal of ethics seems to have possibly caused the lack of respect for teachers and education as a whole. The courts say that this right's purpose is to create a wall that will separate the church from the state and that it will not and can not fall. This clause is the rock, on which they base all their decisions on, where they turn to figure out whether a violation of rights had occurred. To put this idea into more simple terms, the purpose of the anti-prayer position is that the gove rnment does not want to specifically support, show preference of, or exclude and particular religion or denominational sect (Burstein, 28).
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