Evaluation 4 Essay Example | Topics and Well Written Essays - 1000 words

Evaluation 4 - Essay Example ments projected against EBP and consequently suggesting possible reactions by practitioners, the study focused more on the critics from postmodernist movements. The sampling procedure adopted in the study is study is based on the level of fierceness of the critics who reason that EBP are actually detrimental to patient as they are flawed. The study is therefore purely set on available literature and therefore more of study on literature as against primary study. The study found that though the study of EBP faces critical limitation in evidence, critical thinking is inherent in supporting professionalism in nursing practice. Professional nursing manager are encouraged not to abandon EBP but involve critical thinking while embracing it. This study findings provide very strong support in the need to have critical thinking while adopting EBP in nursing. Evaluation on literature however would have presented a major challenge through biasness while it has the positive of being more comprehensive in information. Various factors were measured and the data collected and these were sources of nurse knowledge for their practice, barriers to achievement of evidence based practice as well as personal rating in capacity to deliver the evidence-based practices. These study findings provide very strong support in the need to adopt new approaches to nurses’ management roles especially with the junior nurses who feel inferior to the seniors. The main weakness in the study was the relatively low response rate of 42% and which would have meant increased risk of biasness. In studying the experience of nurses practicing in acute nursing care, qualitative descriptive design is adopted. Interview method was used in collecting the data from a sample of about 20 practicing nurses. The study involves four acute-care hospital within South East Florida with distinction on for profits and non-profit hospital. The criteria used for the choice of the hospital were the criteria of having

Elli Essay Example for Free

Elli Essay The book â€Å"Elli† is an account of the Jewish race being devastated in the death camps during the Second World War. They suffered inhuman brutality and starvation. It was Elli’s courage and determination which helped her to stay alive. The Jews suffered inhuman brutality. An example of this is Felicia’s story. Felicia is the Blockalteste at Plaszow. She told of how she had to either shoot her family quickly or the German guards would kill all her family very slowly. Her eighteen month old baby boy was ripped in two just as an example of what was going to happen to her family if she did not kill her husband, father and mother. Elli listens in stunned silence to the most horrific event never heard until now. The Jews survived starvation in World War two by consuming raw food from the ground. These delicacies such as potatoes were smuggled into a factory in Dreherei and washed in the toilet. These were only eaten at night when the German guards were not around. One night the Jews in the factory burned a candle for Hanukkah using thread from their blankets as wicks, oil and potato halves carve hollow. It was courage which helped her to stay alive. Elli attacked an SS supervisor which is the gravest form of sabotage but she is still alive. Her mothers arm and leg was paralysed due to a bunk bed collapsing on her. Elli was so happy for saving her mothers arm from being broken, but which it led to two days of separation from each other. The book â€Å"Elli† is an account of her life being devastated in the death camps during World War Two. Her determination to stay alive saved her during innocent slaughter in the day prior to liberation. Her impulses told her to put from around her waist her metal soup bowl on her head as her surroundings were hammered with machine gun fire. She shouted to her mother to put her metal soup bowl on her head because she was looking after her brother Bubi, who had been shot in the head.

The Feldip Hills :: essays research papers

The Feldip hills...a vast and unforgiving wilderness riddled with treacherous swamps, vicious wolves and the occasional brutish ogre. But the feldip hills are also home to more mundane creatures. Deep in a valley far south of the high walls of yanille and gu-tanoth there was a nomadic settlement. All tents made from ragged and stained fabrics. These tents were in a circle with a larger tent at the centre and the embers of a fire smoked in front of its doorway as a dim sun rose and an oily orange filled the valley, light filtered through thick black clouds. A great scream broke the silence in the camp from a tent close to the fire. A great and bloated ogre woman lay heaving on a bed of wolf skins a bearded man besides her trying to utter words of comfort and reassurance. The shrill cries woke the rest of the tribe and many people filled the musty tent. For hours and hours she lay in labor and the man beside he began to despair. Many more hours past and at midday began to cough blood onto the dusty floor beside her before finally letting go of life. The baby was born healthy and strong but motherless in a sad twist of fate. His father sat by the campfire one night cradling him in an oxen hide blanket beside the chief. "You see Yarnok; this is what happens when ogres and humans mix it only leads to sadness and lost lives." "Ogres and humans simply don't mix you must understand this." "Nay Giron she was not like the others she had compassion and honor." In the next valley a group of ogres were gathered around a crudely constructed camp fire, one addressed the others. "Im ungry Grot I wants some meats" "Shut up ur fat mouth you, we can all av umies wen we find wer dey av been iding." "Bu I is starvin an I cant wait tha lung, he grunted" "I sed one more peep outa u and its wulf fuud" The Ogres eyes darted and he took a swing at Grot with his oversized fist, knocking Grot down into the fire. The ca mp filled with the rank smell of burning ogre flesh and fat. They came in the night across the hill lead by Skrop. "U ther" he grunted U get the stabers and u get the suutas, we huntin humies tonight nut chompys.

Learning Disabilities: ADHD Essay -- Essays Papers

Learning Disabilities: ADHD Attention Deficit Hyperactive Disorder (ADHD) is a condition that can affect any person’s behavior and way of life. In their book, Special Education, J.Ysseldyke and B. Algozzine state that no area has experienced as much growth as learning disabilities. It is by far the largest of all special education categories. Enormous changes in the last century have changed the way society treats children with disabilities. Psychologist William Lee Heward affirms that in the 1800’s there were few public provisions dealing with adults or children with special needs. Psychologists researched in order to discover the characteristics of a person with ADHD and the effects it has on human behavior. Teachers, parents, and other people have an important role in dealing with a person who has the condition. Special education today is an area of growing interest and of continuing controversies. Full and fair access to educational opportunities was often denied to children who were different because of race, culture, language, gender, or exceptionality (Banks and Banks 293). Because local school officials did not have any legal obligation to grant students with disabilities the same educational access that other non disabled students enjoyed, many schools denied enrollment to children with learning disabilities. This exclusion had to be corrected making it necessary to make laws governing the education of exceptional children. As a consequence, in 1975 Law 94-142, Congress passed the Individuals with Disabilities Education Act (IDEA). This law has changed education throughout the country affecting and changing the roles of special educators, schools, administrators, parents and many other professionals involved in the... ...o Special Education. 6th ed. Ohio: Prentice may, 2000. Kirk, Gallagher & Anastasiow. Educating Exceptional Children. 8th ed. Boston: Houghton Mifflin Co., 1997. Parodi, Luis M. Educacià ³n Especial y sus Servicios. Puerto Rico: Publicaciones Puertorriqueà ±as, Inc., 2002. Rief, Sandra F. Cà ³mo Tratar y Enseà ±ar al Nià ±o con Problemas de Atencià ³n e Hiperactividad. Argentina: Editorial Piados, 2000. Schirduan, V. M. Elementary students with attention deficit hyperactivity disorder (ADHD) in schools using multiple disorders (ADHD) intelligences theory: Intelligences, schools using multiple intelligences theory: Intelligences, and achievement. Ed. D. diss., University of concept, and achievement. Ed. Diss., University of, 2000. Ysseldyke, J. and Algozzine, B. Special Education: A Practical Approach for Teachers. 3rd.ed. Boston: Houghton Mifflin Co., 1995.

Importance of fault-based liability in English law Essay

Fault is regarded as blame, or responsibility for doing something wrong. The concept of fault is integral to the English legal system when it comes to deciding guilt of liability. In fact, in many areas of law if fault could not be assigned, the system would fall apart as liability can only be found if fault is established first. Fault is particularly important in cases which require mens rea. In these cases it will have to be proven that a certain state of mind was present in the defendant. In criminal law the requirement that mens rea or a guilty mind be established amounts to saying that criminal liability is imposed on blameworthy activity. This close connection between fault and mens rea results in punishment being based on the degree of moral blameworthiness that the defendant is believed to have possessed. The fact that this degree of blameworthiness not only determines whether the defendant will simply be found guilty or not guilty, but is concerned with the punishment, deterrence and rehabilitation of individuals whose conduct is considered by the law to be not only wrongs against other individuals, but also against society as a whole, suggests fault is clearly an essential element. To determine fault the person in question must understand the nature of their actions, be able to exercise control over their actions and must have genuinely chosen to act as they did. These three requirements mean a person’s degree of fault can be reduced if it can be said they are insane, in doli capax (incapable of a crime i.e. a child under the age of ten), or have acted under duress. The recognition of being insane or in doli capax clearly means that they were not able to fully understand the nature of their actions, whilst acting under duress results in them not being able to choose to act as they did. It is also possible that they may not have the capacity to make a genuine choice. In these circumstances it can still be said that the defendant is at fault, but only partially. When dealing with criminal law fault is central to crime in the form of mens rea. Without this element being satisfied the defendant cannot be found to be criminally liable, with the exception of crimes of strict liability. There are three distinct degrees of fault in criminal law, namely, intention, recklessness and negligence. The more at fault a defendant is, the highest degree being intention, then the more they will be held responsible for their crimes. There is also evidence to support this when looking at the two broad categories of crimes; Specific intent crimes and basic intent crimes. Crimes of specific intent consist of those where the mens rea must be intention. Since these crimes hinge upon the highest degree of moral blameworthiness, the greatest degree of fault, they apply to the most serious crimes, such as murder, section 18 GBH and wounding offences, robbery and burglary for example. Subsequently, these crimes also carry the most severe sanctions. Basic intent crimes however require only recklessness to prove criminal liability. It can be considered then that a defendant in a reckless state of mind is less at fault than one possessing the necessary intention, so these crimes tend to carry less maximum prison sentences for example. Involuntary manslaughter, section20 GBH and wounding offence, assault and ABH are all included in the definition of basic intent crimes. The reasoning behind these categories can be understood using Oatley. The defendant here was suffering from severe postnatal depression when she killed her 11-day-old baby by swinging her head against the stairs. Although she was of sound mind this act would have been given a very severe punishment, probably a lengthy prison sentence, she was given a two year probation order and medical treatment. Clearly the defendant was at fault, but only partially due to the postnatal depression. The degree of fault that she possessed at the time of the actus reus was impaired and therefore the degree of punishment should reflect this. Civil law also incorporates the idea of fault into its system. Liability for negligence only arises when the defendant has breached his duty of care to his neighbour and harm occurs as a result of this. In these circumstances fault is defined as falling below a standard of conduct expected of the reasonable person in those circumstances. Although there is evidence to suggest that fault is in fact an essential element in liability, there is some evidence to weaken this theory. Firstly, it is possible that in practice, liability can hinge on chance as well as fault. This can be illustrated using a number of cases, including R v White. In this case the defendant tried to poison his mother but she ended up dying of natural causes before the poison could take effect. Because of this he was not able to be convicted of attempted murder. The defendant clearly had the necessary mens rea, he intended to kill his mother, but chance meant his mother died of natural causes, just a few moments later and maybe the poison could have had an input. However, the poison did not cause the prohibited result so he was not criminally liable. Also, in R v Mitchell, the defendant pushed a man in a queue, who in turn fell against another, who in turn fell against an elderly lady who had to have an operation from which she died. The Court of Appeal ruled that transferred malice applied to unlawful act manslaughter. Chance played in a part in this case too, as it just so happened that the elderly lady was in that queue, that the person he did push fell, not only falling onto someone else, but then that person falling onto the old lady. It was chance therefore in this case that enabled the defendant to be liable for the death of the lady, instead of maybe just for the battery of the first man in the queue. Both these cases illustrate that fault alone is not just what determines someone’s liability; chance can often play an essential part too. Indeed, sometimes fault may be left out altogether from the equation, in crimes of strict liability. Fault can be further understood when looking at negligence. Negligence is carelessness, the defendant wasn’t thinking like the ordinary reasonable person would have done, it’s a lack of thought as oppose to actual thought, not taking enough care that the ordinary reasonable person would have done. In the case of Gibbons and Proctor, Proctor actually wanted the girl dead and so she was convicted of murder as she intended to kill, however Gibbons was merely negligent he wasn’t taking enough care of the child thus he wasn’t convicted of murder he was only convicted of GNM. It must be questioned as to the importance of fault here, negligence is a very low level of fault, it’s not thinking of something you should have thought yet it can lead to a conviction of manslaughter, a homicide conviction. It would seem therefore that fault doesn’t seem to be that important here because you can still convict someone of manslaughter however if you are convicted of manslaughter the judge in that case has complete discretion over sentencing. However still should fault not be more important in this instance, should there not be a higher level of fault than mere negligence. The judge can give an absolute discharge if they chose to do so, if we take in to account proportionality, this is still recognised in the sentence however the defendant would still be labelled as a murderer. In cases involving negligence, the neighbour principal, established in Donoghue v Stevenson is used to determine whether or not the defendant was at fault. This involves looking at whether there a duty of care that was breached, causing the damage to occur, as it was deemed unfair to expect the individual to be liable for people to whom a duty of care cannot be found. The defendant will not be found to be at fault if they have taken reasonable steps to avoid damage occurring, which meet the standards of care that an ordinary and reasonable person would take. The concept of fault is also central to criminal law, for example at trial the prosecution will try to show that the defendant was at fault, whilst the defence aim to show that they were not at fault, and during sentencing the amount of fault which the defendant is considered to have will affect the severity of their sentence. The highest level of fault comes in crimes which were committed intentionally, with the defendant setting out to commit the crime, perhaps having planned it first. The next type of fault is recklessness, which following G v R will always be subjective, which is less serious as there was no intention to commit the crime. However this is still a serious form of fault as the defendant has foreseen a risk. The use of fault in strict liability crimes has been quite controversial as in these crimes the courts are able to assign fault without the presence of a mens rea, so long as the actus reus has been committed. For example, in The Pharmaceutical Society of Great Britain v Storkwain, a pharmacist was found guilty of supplying a drug to an addict on a forged prescription despite there being no fault on his part, which many would view as being overly harsh given that by the ordinary person’s standards he would not be considered to have been at fault. Strict liability offences are those where a conviction results from proof of mens rea alone. There is no actus reus requirement, and therefore no need for the defendant’s degree of fault to be established. For example, in the case of Callow v Tillstone, a butcher was convicted of selling meat unfit for human consumption even though it had been inspected and approved by a qualified vet before hand. Similarly, in Smedley v Breed, the defendant was found guilty of selling unfit food even though only four tins out of three million tested were found to contain caterpillars. One case that illustrates absolute liability is R v Larsonneur. The accused was an alien the subject of an exclusion order under which it would be an offence for her to enter the United Kingdom. She was brought to the United Kingdom handcuffed to the police and very much against her will and yet she was still convicted for violating the exclusion order. It is clear that in these examples from the criminal law there is some liability being imposed in the absence of fault. These exceptions can also be found in civil law, although limited. Perhaps the major instance of liability being imposed without fault in tort can be found in the area of vicarious liability. This is when one person is held liable for the tort of another person. This was a practical mechanism established to find someone who was able to pay for damages to the claimant, primarily in respect of the employer for the torts of the employee. Obviously it would be in the claimant’s best interest if they could obtain damages from a large employer for the actions of an individual employee. The justification for this is that the employer should be able to exercise control over their employees and so they can be held liable for the torts of their employees providing that the employee is not on a ‘frolic of his own’. This can be seen in Rose v Plenty where the employers were liable when an employee gave a lift to a person, who subsequently assisted with the deliveries that were the job of the employee and died. In some circumstance liability is still imposed even when the employer gave express and implicit instructions to the employee not to do the very thing that he then did so incurring vicarious liability on the employer. Therefore, whilst this handful of examples of some of the exceptions, both in criminal and civil law, to the general case, they are sufficient to show that the statement that there can be no liability without fault is too general to be true, thus weakening the argument that fault is an essential element in determining liability. Similarly controversial is the use of fault in State of Affairs crimes, where the defendant may have involuntarily committed an offence, yet are still guilty. One such example is Winzar v Chief Constable of Kent in which a drunken man was taken from a hospital onto a road outside by the police, and then arrested for being drunk on the highway, even though he would never have made it onto the highway without the â€Å"help† of the police. As with Strict Liability crimes, the ordinary person would not see the defendant as being at fault here, and may view the use of fault in this area of the law as being unfair. The issue of fault is even present in defences, in that aggravating and mitigating factors can be used to lessen the amount of fault which the defendant is thought of having. For example someone on bail who plans an attack on an old lady will be seen as being more at fault than someone committing their first offence and entering an early plea of guilty. The concept of fault therefore is present in many areas of law, both civil and criminal. In many cases, without the need to prove fault, system would not work as it is necessary for one party to be blamed for the criminal offence in order to settle it.

The Psychology of Serial Killers

The Psychology of Serial Killers I didn`t want to hurt them, I only wanted to kill them. This is a quote from David Berkowitz, A.K.A., the Son of Sam. David Berkowitz and all of the other serial killers tend to think in unique ways. This paper will talk to you about characteristics, motives, different phases, and the correlation between behavior and aggression. Serial killers like everyone else have certain characteristics that set them apart. To be considered a bonafied serial killer you must murder at least three to four people with a cooling off period between each murder. These killings are usually one on one and are repetitive, occurring with greater or lesser frequency over time (Characteristics of Serial Murder). Serial killers usually don`t have a connection with the victim and they very rarely if ever have a rational motive. The serial killer likes to murder people in the same pattern, usually with a high degree of overkill.English: Photo of Enriqueta Marti (Sant Feliu de L...This degree of overkill sets th em a part from different serial killers.Serial murderers also have different motives for their murders. One of the most obvious is that they turn to murdering for a sense of power (Forwood). For this sense of power they usually attack societies weakest members and those weaker than themselves (Forwood). This includes the homeless, impaired, and usually the young of both sexes. When they kill the homeless and impaired they are usually acting on the Missionary Motive. This is when they feel that it is their responsibility to rid society of its unwanted inhabitants. There are also Visionary killers which are usually instructed to kill by the voices that are in their head (schizophrenia). The last type of these motives is the Hedonist. They kill because it brings them the pleasure to do so. This group is separated into three...

The eNotes Blog Libraries and Kids The Only TrueMagic

Libraries and Kids The Only TrueMagic True Story:   I remember getting my library card more vividly than I recall getting my drivers license.   My best memories of childhood were going to the library with my mom and checking out armfuls of books, which she would read to me for hours on end.   At two, I am told, I would stand on tiptoe at the librarians desk and request   favorites or authors (I didnt know why the lady laughed at me.   I guess most toddlers werent as particular.) I would rather go to the library than the movies, or the park, or anywhere else.   Still true. The libraries I recall were nothing fancy.   Maybe some bulletin boards heralding an upcoming holiday or new books perched half-open, standing on top of shelves. Of course in 197(cough, cough), there were not nearly as many ways for a child to be entertained.   The television had four channels (as God intended):   ABC, CBS, NBC, and PBS.   Cartoons were from 7am to 10am, period. No LOL cats, no Youtube. I like to scare my son with th ese tidbits. Today, libraries are competing to keep your child reading and finding some interesting ways to do so, by engaging the imagination.   Here are a few of my favorite new spaces, and some words from others who continue to love libraries: Spain’s Playoffice, a child-centric design firm, created the â€Å"reading net in an attempt to making reading more fun for kids. The reading net stretches across the length of a library room, and kids can play on it in between chapters. As a child, I felt that books were holy objects, to be caressed, rapturously sniffed, and devotedly provided for. I gave my life to them. I still do. I continue to do what I did as a child; dream of books, make books and collect books. Maurice Sendak Washington libraries are taking a new approach to teaching reading by having children read books aloud but instead of reading to other children they are reading to dogs. The theory is that children who are too scared or insecure to read out loud in front of their classmates dont experience those same issues when the children reading aloud have a canine audience â€Å"When I was young, we couldnt afford much. But, my library card was my key to the world.†Ã‚  Ã‚   John Goodman, Actor Mobile libraries are not a new concept but this converted shipping container that can transform to double its size certainly is. Conceived to help support local Dutch schools that lack the funds or space for a library, the BiebBus can pull in, pop up, and let kids participate in a parable or two. The design is also a lot of fun with a transparent floor, cool lights, and huge portals for kids to see out, the BiebBus makes kids excited to grab a book, kick back, and explore the written word. The fun design uses a transparent floor to help light the lower section of the library and let adults keep an eye on the youngsters above. â€Å"As a child, I loved to read books. The library was a window to the world, a pathway to worlds and people far from my neighborhood in Philadelphia.† Ed Bradley, Journalist 60 Minutes Swiss Cottage Childrens Library A library card is the start of a lifelong adventure.†Ã‚   Lilian Jackson Braun Benjamin L. Hooks Central Library in Memphis, TN (Photo by Urbanart73) Every child needs a safe place to fall a place where he or she can explore things without worrying about failure and judgment. A library is one of those places. In a library you can learn by following your own nose, which is very different from someone telling you what you should learn. Once a kid learns a library is hers, to use as she wants, the world opens up., Ive seen it happen. It happened to me.   Bill Harley, Grammy-winning singer/songwriter Camarillo Public Library in Camarillo, CA (Photo by Gbucknor) At the moment that we persuade a child, any child, to cross that threshold, that magic threshold into a library, we change their lives forever, for the better. Its an enormous force for good. President Barack Obama Central Library in Kansas City, MO (Photo by Kansas City Public Library) I have always imagined that paradise will be a kind of library.   Jorge Luis Borges The Portage Public Library, Michigan Books may well be the only true magic.   Alice Hoffman

Free Essays on Looking At Women

â€Å"Looking at Women† was written by an American author and teacher. Scott Russell Sanders this essay to show how generally men how men look at women and Sanders does not agree with how men perceive women as objects. He targets men specifically as his audience; however, women are also his audience. Sanders believes men decide how women are seen today in society. He uses many different modes and perspectives to emphasize his point. He uses classification, definition, and cause and effect appeals to show that men are the guiding factor of how women are seen. Classification is one of the most powerful modes he uses. This mode is very powerful because he does not only use his feeling and ideas as support, but he also uses other perspectives to enforce his thesis. He classifies different types of men. Each type plays a roll in how they contribute to the ways women are seen. Each class has different backgrounds and different outlooks on women. The four different classes he uses is construction men, adolescence, and writers and artist. Sanders speaks about construction men who spend most of their time outside in the sun working heir big heavy tools and having manly conversations. When a women walks by she walks by the atmosphere changes and the focus of the men are now directed to her. They are no longer interested in their present duties. Their focus is directed to the women. Instead showing respect and confront the women like a gentlemen, they chose to belittle her by whistling at her and yelling obscene clichà ©s to expose her body parts to other men in the construction yard. This characteristic causes the men to see women as objects. In addition to men adolescence are also known to perceive women as objects. Sanders speaks of his adolescent years of college. His roommate was an subscriber to PLAYBOY magazine. With each magazine his roommate would pin up the playmate of the month. Sanders ponders the fact that he would stare at the women... Free Essays on Looking At Women Free Essays on Looking At Women â€Å"Looking at Women† was written by an American author and teacher. Scott Russell Sanders this essay to show how generally men how men look at women and Sanders does not agree with how men perceive women as objects. He targets men specifically as his audience; however, women are also his audience. Sanders believes men decide how women are seen today in society. He uses many different modes and perspectives to emphasize his point. He uses classification, definition, and cause and effect appeals to show that men are the guiding factor of how women are seen. Classification is one of the most powerful modes he uses. This mode is very powerful because he does not only use his feeling and ideas as support, but he also uses other perspectives to enforce his thesis. He classifies different types of men. Each type plays a roll in how they contribute to the ways women are seen. Each class has different backgrounds and different outlooks on women. The four different classes he uses is construction men, adolescence, and writers and artist. Sanders speaks about construction men who spend most of their time outside in the sun working heir big heavy tools and having manly conversations. When a women walks by she walks by the atmosphere changes and the focus of the men are now directed to her. They are no longer interested in their present duties. Their focus is directed to the women. Instead showing respect and confront the women like a gentlemen, they chose to belittle her by whistling at her and yelling obscene clichà ©s to expose her body parts to other men in the construction yard. This characteristic causes the men to see women as objects. In addition to men adolescence are also known to perceive women as objects. Sanders speaks of his adolescent years of college. His roommate was an subscriber to PLAYBOY magazine. With each magazine his roommate would pin up the playmate of the month. Sanders ponders the fact that he would stare at the women... Free Essays on Looking At Women The Difference I can still remember those excruciatingly hot summer days when not being sixteen years old was just horrible, since my friends and I did not have the privilege of being that wonderful age in owning a car. To get to our desired destination, we would have to walk quite a lot, sometimes for hours. I recollect being so tired and hot from the summer sun that my friends and I would stagger into a place when we would finally get there. During those years we prayed every day for that wonderful age to arrive. I enjoyed those experiences with my friends. But there was one aspect I did not enjoy, (my friends would disagree with me) the constant honks, hollers, and inappropriate comments men of all ages made. My friends loved them and even sometimes kept count of how many we received. I found them disgusting and degrading to women. I did not understand how my friends could find it to be a compliment, when I found myself to be disgusted. Why do men react to women in such a way? Why are women pe rceived as objects? Will the boundary line ever disappear? Can men and women ever come to understand each other with respect? In the article â€Å"Looking at Women,† Sanders spends half his lifetime searching for an answer to his question: â€Å"How should men look at women?† (255). To answer his question he begins by going back in time to the age of eleven. He remembers staring at a girl who was dressed in a pair of pink shorts, wondering how she caused that weird feeling in his stomach. He saw her as someone who was trying to draw attention to herself. He then jumps to the time when he was attending college, staring at the nude pictures of women on his roommate’s wall. He remembers other guys gathering at that wall to discuss women as though they were parts of the â€Å"meat market† (Sanders 256). During his years in college Sanders remembers seeing girls dressed in revealing clothes and having their faces covered with makeup. He saw thei...

Toyota Australia to UAE Essay Example | Topics and Well Written Essays - 1500 words

Toyota Australia to UAE - Essay Example The popularity of the Toyota and its reputation has been considered in dealing with the analysis. Selection of areas were highlighted which could provide added benefit to the export of the business. The underlying risk associated with the entry of foreign markets was also studied in detail. The market of UAE have been found to be promising for the Australian export market and owing to the benefits the market provides Toyota should not resist its temptation to test its fortune in the market. An added advantage which the market of UAE provides is in the low price of diesels, which generally increases the sale of cars. Other than the general market analysis a study of the associated service has been done to find out whether any obstacles lie in the smooth running of the business. 7. Macro-environmental analysis of UAE 7.1 Political and Legal Environment of UAE: The government of UAE is the combination of seven emirates which is ruled by the president. The government of UAE is flexible r elating to the investment from the foreign countries. It promotes and encourages foreign countries to enter their region and carry out business. Despite the nation being the combination of seven different emirates but there exist federalism in the UAE companies law and is applicable throughout. The UAE free zone offers 100%foreign ownership and tax exemptions to companies operating over a period of 15-50 years (United Arab Emirates UAE tax rates, n.d). So it is quite encouraging for the companies to invest in UAE. Owing to such favorable factors the foreign investment in UAE accounted to108billion dollar in 2011. (FDI in UAE, 2008,) 7.2 Economic Environment of UAE: The economic condition in UAE is always on a high and in recent times it is expected to grow at a rate of 3-3.5% in 2011. UAE’s rising economy can be contributed to the export of oil, which over the years have gained considerable amount of revenue for the country. It significantly rose to 30% and caused earnings of 74 billion dollars (UAE oil income up 30% in 2010, 2011). It happens to rise at a considerable rate every year. The employment rate in UAE is considerably high as the foreign companies are obliged to recruit local people. Out of approximately 2 million populations in the emirate a staggering 86.6% of them are economically active. (Holdsworth, 2010) Dubai sees 19% decrease in unemployment rate 7.3 Socio-cultural Environment of UAE: The standards of living of the inhabitants are pretty high owing to the good financial position of most number of people. UAE has a diverse culture of people as many foreign bodies have established their base in the country. 7.4 Competitive Environment in UAE: The demand for luxury cars in UAE is always on a high and the automobile industry faces sufficient growth over the years in UAE. There is a strong presence of local car manufactures as well as the presence of international brands like Hyundai. The sales figure of Arabian automobiles recorded an 18% growth and the increase in sales of the Japanese firm was accounted due to introduction of new brands of car. The overall market grew by 19.7% in the year of 2010. The rise in sales of cars have added considerable amount of competition among the big players in the market. (UAE automotive industry record high growth in sales, 2011) 8. SWOT analysis STRENGTH 1. The company ,Toyota had

Discussion Movie Review Example | Topics and Well Written Essays - 500 words - 2

Discussion - Movie Review Example He resorts to painting one of the most sarcastic pieces of work he ever did, presenting himself in the painting as the villain of peace thereby suggesting a guilty plea. His youthful life existed during the time of religious dilemma in Italy attributed to artistic symbols used by the Catholic Faithfuls in Italy (Schama 1). The fact that Catholic Faithfuls successfully shot back idolatry accusations leveled against them by the Protestants from Northern Europe offered even better environment for Caravaggio to thrive in his yet to be painting career. Caravaggio’s artistic work majorly revolved around slavish copying of surrounding phenomenon while presenting them in exactly opposite and unexpected form. For instance, he painted himself as Bacchus, the god of wine who was also a symbol of beauty and youthfulness in an opposite but similar way. His nature-twist form of art did catch attentions. He got a special invitation from Maria Del Monte, a Cardinal in Rome to move into the palazzo. However, despite the struggles, recognition and fame, Caravaggio’s life remained more or less the same. He committed murder, ended up in the wrong side of the law. Born in Spain in 1599, Velazquez grew up a talented man in painting. Humbled, relatively peaceful, and benign paintings dominated his artistic choice throughout his pieces of work. His painting reflected the ancient ways of livelihood in Southern Europe. He painted taverns cum pubs, kitchens, and contrasting family pictures showing innocent faces of both old and young alike. The paintings appeared distinct than painting could be, presenting the household picture the way it ought to appear explicit (ZCZFilms 1). Velazquez’s appreciation for the role of the family and religion in social livelihood became a major theme dominant in his paintings. The theme ranged from painting of a pub, kitchen, humbled family members, and a portrait similar to that of Virgin Mary. He valued his wife so much

The World trade organisation Essay Example | Topics and Well Written Essays - 500 words

The World trade organisation - Essay Example Their mission is to help firms and producers of goods and services, importers and exporters improve their profit.† Advantages WTO has a number of benefits. Firstly, WTO’s trading system encourages peace between nations. In particular, when nations carry out trading with each other without any conflict, they subsequently resolve a number of trading issues and build long-term relationships. This leads to the creation of peace between them. In addition, the trading system also forces enhancement of confidence and teamwork between nations. For example, earlier, people who sell products and services used to hesitate due to trade disputes with their international customers. However, after WTO, the trading has now become a smooth process, and both the seller and the buyer are satisfied with the exchange, leading to a good relationship. In other words, political arguments now occur on a lesser level. An easygoing trade helps nations all around the globe to feel safe. People who are satisfied and successful with international trade are less likely to have fights and disagree with one and another, In other words, wars are less likely to happen between countries. Secondly, the trade system enables effective management and resolution of conflicts and disagreements on international level.

Report on health and safety differences between carribean and uk Essay

Report on health and safety differences between carribean and uk - Essay Example The way in which they do this varies, however, from one country to the next. While the Caribbean islands handle this administration through a prescriptive approach, the UK uses something called goal-setting strategies to ensure basic human health and safety standards are met. This particular method of enforcing compliance is quite different from prescriptive strategies in many ways, which will be enumerated through various examples throughout this document. Companies that operate in more than one country may find it beneficial to meet the most restrictive of the requirements set forth by both countries, but can only do so once those requirements are delineated and compared. By understanding the current conditions and prescriptive strategies used in the Caribbean as well as the conditions and strategies used in the UK, one can compare the similarities and differences between the two systems and adjust each for maximum goal-setting strategy development prior to company relocation. In discussing prescriptive strategies versus goal-setting strategies, it is important to understand the difference between the two. Although legislation can be created in any country that governs the use of goal-setting strategies as well, the use of the term prescriptive strategies as it is used in this document will refer to all health and safety management strategies that are specifically outlined in legislative form. In other words, these strategies are required by mandate as a means of meeting basic minimum compliance levels, and tend to spell out the exact requirements, methods, practices and means of reporting or record keeping in the areas of health and safety management for employees and companies operating within a specific governmental sphere. These minimum requirements can be applied to any kind of health or safety issue including environmental concerns at large, employee health plans or allowable workforce

Drug Abuse Essay Example | Topics and Well Written Essays - 1500 words

Drug Abuse - Essay Example As the research stresses the problem affects the victim in numerous ways because they are not good for the body, that is, they are harmful to the body. Drug abuse can harm the body system of an individual in numerous ways, such as the heart, liver, lungs, kidneys and also the brain. These organs can be heavily damaged by the introduction of the harmful drugs into the body system. From the report it is clear men, women and teenagers within the United States are widely experiencing the effects of drug abuse and have become addicted victims. Drugs such as Alcohol, cocaine, heroin and meth. Marijuana is among the drugs that are often abused, although, it is not technically addictive. All these drugs fall under the prohibited drugs in the American Law. However, Marijuana has been legalized in other places. Some other states are still in a discussion regarding the legalization of marijuana. These drugs are by all mean destructive as they lead to loss of job, families as well as homes. Drug abuse is a problem that has been relevant in the public domain for several decades. Some drugs such as cocaine, are rather expensive and used by individuals from wealthier families. The drug has physical and psychological effects on the victim. Methamphetamine is another seriously effective drugs and among the fastest growing in the United States. The effects are relatively harsh to the user and can be awfully concerning. Addicts experience a decline in appetite, high blood pressure, high body temperature, and violent behavior.

Report on health and safety differences between carribean and uk Essay

Report on health and safety differences between carribean and uk - Essay Example The way in which they do this varies, however, from one country to the next. While the Caribbean islands handle this administration through a prescriptive approach, the UK uses something called goal-setting strategies to ensure basic human health and safety standards are met. This particular method of enforcing compliance is quite different from prescriptive strategies in many ways, which will be enumerated through various examples throughout this document. Companies that operate in more than one country may find it beneficial to meet the most restrictive of the requirements set forth by both countries, but can only do so once those requirements are delineated and compared. By understanding the current conditions and prescriptive strategies used in the Caribbean as well as the conditions and strategies used in the UK, one can compare the similarities and differences between the two systems and adjust each for maximum goal-setting strategy development prior to company relocation. In discussing prescriptive strategies versus goal-setting strategies, it is important to understand the difference between the two. Although legislation can be created in any country that governs the use of goal-setting strategies as well, the use of the term prescriptive strategies as it is used in this document will refer to all health and safety management strategies that are specifically outlined in legislative form. In other words, these strategies are required by mandate as a means of meeting basic minimum compliance levels, and tend to spell out the exact requirements, methods, practices and means of reporting or record keeping in the areas of health and safety management for employees and companies operating within a specific governmental sphere. These minimum requirements can be applied to any kind of health or safety issue including environmental concerns at large, employee health plans or allowable workforce

Anna in the Tropics Essay Example | Topics and Well Written Essays - 1000 words

Anna in the Tropics - Essay Example However, tragedy occurs when Juan, a lector, gets romantically involved with one of the wives of the factory men. This causes resentment and hatred towards the lectors. To add salt to an injury, Cheche’s wife leaves him for one of the lectors (Cruz, 57). It is psychological war. The hero suffers because they have good looks and are more enlightened. â€Å"Our culture [civilization] demands other sacrifices besides that of sexual gratification† (Hegel qtd in Aiello slide 29).     Ã‚   According to Hegel, tragedy occurs when there is a collision between â€Å"two goods†. Both heroes, the â€Å"two goods† end up in tragedy. From the play, the opposing goods can be loosely interpreted as follows: The lectors are supposed to teach the workers to be literate, so that they can start working with the machines in the farms. As a result of love and the tragedies they created, the workers hate them. This means that relationship within them will be sore. The adoption of machines as suggested by Cheche is not a welcome move to the workers who feel that they will lose their jobs. Conchita’s beauty causes tragedy (Cruz, 36). She leaves her husband and sleeps with Marela’s husband. In revenge, Marela sleeps with Juan. Lovers are doomed, and this affects work at the factory.   The collision between â€Å"goods†-what was originally perceived to be good-and the real turn of events, causes the misfortune at the end of the play.

Ethical Dilema Essay Example for Free

Ethical Dilema Essay In this paper, I will discuss the ethical dilemma faced by a nurse who is caring for an eight month old patient, who reports with his mother to the emergency room with a suspicious fracture. The mother provides a plausible story, and the physician knows the family and does not suspect abuse. I will discuss the action I would take in order to provide the appropriate care for this patient. As a registered professional nurse, I feel the only approach to the case is to report the injury to Department of Family and Child’s Services (DFACS) for their investigation. When a report is made, DFACS will complete an investigation and make the ultimate decision if abuse or neglect was the cause of the injury. Each nurse has a duty to report all suspicious injuries to DFACS, regardless of her feelings on abuse or neglect. This is true even when the physician knows the family or does not suspect abuse. The nurse is responsible for her own actions. In order to provide the best quality of care for this patient, I would take the statement from the parent about how the patient was injured, and then talk to the physician to gather the physical finding, which may include x-ray reports after this information is gathered, I would report the case to the local DFACS. Anytime there is a suspicious injury regardless of the plausibility of the story, or if the physician knows the patient and does not suspect the parent, the DFACS case must be reported. The nurse in this situation has a duty to report this injury and let child services decide if the patient is in danger. I would perform a complete examination of the patient and communicate with the physician, in addition to noting any other signs of abuse, along with paying close attention for indicators of abuse. Indicators of abuse can warn healthcare providers to pay closer attention to situations that may indicate abuse or neglect and someti mes there are not indicators even though the child may be abused (Henderson, 2013). Three indicators of abuse or maltreatment include physical, child behavioral and parent behavioral indicators (Henderson, 2013). These indicators should not be considered in isolation but should be considered along with the child’s condition in the context with overall physical appearance and behavior; however, it is conceivable that a single indicator may be consistent with abuse or neglect (Henderson, 2013). Considerations of abuse are raised by injuries to both sides of the body and/or to soft tissues, injuries with a specific pattern or injuries that do not fit the explanation, delays in  presentation for care, and/or untreated injuries in multiple stages of healing (Henderson, 2013). It would be helpful to check the patient’s record for previous unexplained injuries or history of frequent visits to the emergency room or physician’s office. Any burns or patterns of bruising during the examination would warrant further investigation. Other signs of physical abuse I would monitor for include signs of pain where there is not visible injury and lack of reaction to pain. I would also note any emotional signs of physical abuse, which include passive, withdrawn or emotionless behavior, and fear when seeing parents. Any symptoms noted on exam should include this in the report to DFACS. Since the physical signs of abuse are often visible, most cases of abuse are recognized by a healthcare provider (Padera, 2009). These signs may be noted at routine appointments or while providing acute care. The ethical principle of non-maleficence and beneficence are addressed with this case. The ethical principle of non-maleficence helps to ensure that healthcare providers do not harm to their patients. If I did not report this case to DFACS for investigation and the abuse continued causing any harm to the patient, this would be an ethical violation of non-maleficence on the part of the nurse. The ethical principle of beneficence ensures that health care provider’s actions benefit the patient. By choosing to report this case to DFACS, my actions would benefit the patient and help ensure that the patient was no longer being abused. As a nurse, if I did not report this to DFACS for investigation, I would be in violation of the nurse practice act, and I could be held liable if the patient suffer more injuries or death at the hand of an abuser. My report of child abuse or neglect is confidential and immune from civil or criminal liability as long as the report is made in good faith and without malice (https://www.oag.state.tx.us/victims/childabuse.shtml). Provided these two conditions are met, as a nurse, I am immune from liability if they are asked to participate in any judicial proceedings resulting from the report (https://www.oag.state.tx.us/victims/childabuse.shtml). In conclusion, mandatory reporting can produce unanticipated and unwanted consequences (Buppert Klein, 2008). Nurses may be concerned about reporting suspected abuse especially, when the investigation is completed, no abuse or risk to the patient is found (Buppert Klein, 2008). Boards of Nursing rarely  discipline nurses for failure to report and nurses are covered with their nurse practice act when they make reports in â€Å"good† faith (Buppert Klein, 2008). Given this information there is no reason not to report this mother to DFACS for investigation. References: Buppert, C. Klein, T. (2008). Dilemmas in Mandatory Reporting for Nurses. Medscape. P. 4- 16. Henderson, K. L. (2013). Mandated reporting of child abuse: Considerations and guidelines for mental health counselors. Journal of Mental Health Counseling, 35(4), 296-309. Padera, Connie. (2009). Nursing, Child Abuse, and the Law. 7(37). P. 122-126. When you suspect child abuse or neglect: A general guide. Retrieved from https://www.oag. state.tx.us/victims/childabuse.shtml

The House of Lords decision in Bolitho (Bolitho

The House of Lords decision in Bolitho (Bolitho The House of Lords decision in Bolitho (Bolitho v City and Hackney HA [1998] AC 232) is a belated and welcome departure from judicial deference to medical opinion but there is still too much deference and more has to be done. Critically comment on the above statement. In any negligence claim, in order to succeed the claimant must show that he was owed a duty of care by the defendant, that the duty of care was breached, and that the breach of duty caused the damage complained of.[1] Kennedy and Grubb comment that the duty of care arises ‘from a request for medical services by an individual and a consequent undertaking by a doctor [or other health care professional] to provide these services.[2] Margaret Brazier has observed: ‘[a] patient claiming against his doctor †¦ usually has little difficulty in establishing that the defendant owes him a duty of care’.[3] The second stage of a clinical negligence action is to show that the doctor has breached his standard of care. In any negligence claim, the standard of care is set by law and is an objective standard.[4] Words such as reasonable or responsible are normally attributed to such a standard. Such adjectives are not normally equated with a practice that is ‘common’ or ‘accepted’. With respect to medical negligence claims however, the law has not taken such a view. The case of Bolam v Friern Hospital Management Committee[5] has established that ‘a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art’. The Bolam case was a decision at first instance, but was later approved by the House of Lords in Whitehouse v Jordan.[6] The courts have continuously taken a protectionist view of the medical profession in clinical negligence claims. Jackson acknowledges that this could be due to the complexity of medical evidence, but it could also be explained by a sense of professional solidarity.[7] The medical profession has been highly regarded in society, and the courts have also expressed their respect. In Wilsher v Essex AHA,[8] Mustill LJ comments: â€Å"For all we know, [The doctors in this case] far surpassed on numerous occasions the standard of reasonable care. Yet it is said that for one lapse they (and not just their employers) are to be held liable in damages. Nobody could criticise the mother for doing her best to secure her son’s financial future. But has not the law taken a wrong turning if an action of this kind is to succeed?† It is interesting to note the difference in policy in cases involving medical professionals. In other negligence cases, the courts have commented that the function of the law of negligence (and the law of torts in general), is to compensate injured parties for loss. The judiciary have had no moral objections to awarding damages in cases where they can apply the ‘deepest pocket’ principle. Thus, in Nettleship v Weston,[9] Lord Denning had no problems in asserting that a learner driver would be held to the same standard of a competent driver (competent would be ascertained on an objective basis by the court), as the driver would be insured and thus, the law will award damages from the deepest pocket. Yet, there has been considerable hesitation in holding doctors negligent for public policy reasons, despite the fact that doctors will be also be insured. Furthermore, doctors working in the NHS will generally not be personally held accountable for the negligence – the action is brought against the Trust vicariously and NHS Trusts in England and Wales are part of an ‘insurance like’ scheme, the Clinical Negligence Scheme for Trusts (CNST) administered by the NHS Litigation Authority. The Bolam principle may be formulated as a rule that a doctor is not negligent if he acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion even though other doctors may adopt a different practice. ‘In short, the law imposes the duty of care; but the standard of care is a matter of medical judgment.’[10] In Maynard v West Midlands RHA,[11] Lord Scarman seemed to favour an approach that a doctor will not be negligent if there are other reasonably held approaches that are the same as the defendant doctor’s approach: â€Å"I have to say that a judge’s ‘preference’ for one body of distinguished professional opinion to another also professionally distinguished is not sufficient to establish negligence in a practitioner whose actions have received the seal of approval of those whose opinions, truthfully expressed, honestly held, were not preferred †¦ For in the realm of diagnosis and treatment negligence is not established by preferring one respectable body of professional opinion to another.† The pure Bolam approach is the subject of scathing academic criticism. Kennedy and Grubb comment: â€Å"It may seem curious that the law would defer to the medical profession in setting the content of the duty in negligence.†[12] Despite the deference to the medical profession in the courts, there have been some exceptions and one example is the case of Hucks v Cole.[13] The case involved a pregnant woman with a septic finger whose doctor failed to prescribe her penicillin. The patient suffered puerperal fever as a result and a number of witnesses gave evidence stating that they would not have prescribed penicillin in the same situation. However, the Court of Appeal held that even if there are relatively small risks involved, the fact that it would have been easy to avoid such risks so easily and inexpensively, is clearly not reasonable. Sachs LJ comments: â€Å"On such occasions the fact that other practitioners would have done the same thing as the defendant practitioner is a very weighty matter to be put on the scales on his behalf; but it is not †¦ conclusive. †¦ Despite the fact that the risk could have been avoided by adopting a course that was easy, efficient and inexpensive, and which would have entailed only minimal chances of disadvantages to the patient, the evidence of the four defence experts to the effect that they and other responsible members of the medical profession would have taken the same risk in the same circumstances has naturally caused me to hesitate †¦ The reasons given by the four experts do not to my mind stand up to analysis †¦Ã¢â‚¬  The approach taken in Hucks v Cole was also adopted by the House of Lords in Bolitho v City and Hackney HA,[14] in which the traditional Bolam approach was departed from. Lord Browne-Wilkinson comments: â€Å"In the vast majority of cases the fact that distinguished experts in the field are of a particular opinion will demonstrate the reasonableness of that opinion. In particular, where there are questions of assessment of the relative risks and benefits of adopting a particular medical practice, a reasonable view necessarily presupposes that the relative risks and benefits have been weighed by the experts in forming their opinions. But if, in a rare case, it can be demonstrated that the professional opinion is not capable of withstanding logical analysis, the judge is entitled to hold that the body of opinion is not reasonable or responsible.† The relevance of the Bolitho decision was initially regarded as a major shift from the pure Bolam approach. Following the decision, Kennedy and Grubb comment that ‘the law has been put back on its proper course’.[15] Lord Browne-Wilkinson was suggesting that medical approach must be defensible and capable of withstanding logical analysis. However, he qualified this by stating that this would only occur in ‘rare’ cases. Hucks v Cole was certainly one of those rare cases, but it is arguable whether there has been a significant shift in approach by the courts. In Wisniewski v Central Manchester Health Authority,[16] the defendant did not follow a procedure that would have detected that a baby’s umbilical cord was wrapped around his neck during birth and the medical opinion differed over the reasonableness of such. Brooke LJ comments that: â€Å"Hucks v Cole itself was unquestionably one of the rare cases which Lord Browne-Wilkinson had in mind †¦ In my judgment the present case falls unquestionably on the other side of the line, and it is quite impossible for a court to hold that the views sincerely held by [the experts supporting the actions of the defendant] cannot logically be supported at all †¦ the views expressed by [those experts] were views which could be logically supported and held by responsible doctors.† There have been a small number of ‘rare’ cases where the courts have gone as far as questioning the logic and defensibility of medical authority. The case of Reynolds v North Tyneside Health Authority,[17] is one such example. Thus, Gross J comments that it is one of those ‘rare cases where the Court could and should conclude that such body of opinion was unreasonable, irresponsible, illogical and indefensible.’ Similarly, in Marriott v West Midlands RHA,[18] the Court of Appeal stated that the expert evidence given by the witnesses defending the doctor’s conduct could not be logically supported. The Court of Appeal also affirmed that the trial judge was entitled to question whether an opinion was reasonably held and Mason and Laurie comment that ‘[o]n the face of things, then, Marriott moves the Bolitho test from one of logic to one of reasonableness, which is much more akin to the reasoning applied in other, non-medical standard of care decisi ons.’[19] The approach taken by the courts post Bolitho seems to suggest that the courts are only prepared to examine the credibility of witnesses and not the content of their evidence. So long as the evidence given is ‘truthfully held’ and ‘honestly expressed’ then the court is reluctant to question the evidence.[20] Furthermore, there have been a number of post-Bolitho decisions and it seems as though there is still a constant reluctance to question medical experts, and if there has been any departure from the traditional Bolam approach, this certainly seems to have been on the basis of the credibility of expert witnesses, and not on the reasonableness of their opinion. Thus, the subsequent case law suggests a somewhat restrictive approach on the modification of the Bolam principle in its new Bolitho interpretation.[21] Writing extra judicially, Lord Woolf comments that there have been a number of reasons for a shift away from the traditional approach in Bolam.[22] The courts apparently now have a less deferential approach to those in authority.[23] The courts have also apparently recognised the difficulties that genuine claimants have in successfully bringing a clinical negligence claim. At the same time, there has been a raise in the number of clinical negligence claims in England and Wales over the last number of years.[24] Furthermore, with an increasing awareness of patient rights, an increasing loss of faith in the public health service following various health ‘scandals’ such as Bristol and Alder Hey, a judicial deference to the medical profession certainly has its days numbered. Also, as Woolf acknowledges, ‘our courts were aware that courts at the highest level of other Commonwealth jurisdictions, particularly Canada and Australia, were rejecting the approach of the Engli sh Courts. They were subjecting the actions of the medical profession to a closer scrutiny that the English Courts †¦Ã¢â‚¬â„¢[25] Other commentators have also noted the way in which lawyers approach the issue of using expert witnesses. Teff comments: â€Å"Reassertion at the highest level of the court’s role in scrutinizing professional practice is welcome, not least because of current concerns about the dynamics of providing expert evidence for the purposes of adversarial litigation. Some law firms’ choice of experts is apt to depend too much on perceived presentational skills and acuity in advancing the client’s case, and too little on detached expertise†¦ †¦ One prominent medicolegal authority has bluntly declared that ‘Bolam will only work fairly if the use of hired hands as defence medical experts is eliminated. It would then be possible to talk of a responsible body of medical opinion’.†[26] Teff has thus outlined some of the practices that demonstrate how the Bolam principle is deferential in practice. Lawyers tend to look for an expert who will make their case stronger, and a survey of 500 expert witnesses revealed that about a quarter noted comments that in some instances, witnesses were requested to change comments that were alteration of their opinions.[27] The problems associated with the Bolam test have not only presented themselves in clinical negligence cases. The traditional Bolam approach was also questioned under the scope of ‘informed consent’ cases, which involve a claim of negligence for failing to warn of risks inherent in treatment. The leading case on the issue of disclosure of risks in treatment is Sidaway v Board of Governors of the Bethlem Royal Hospital.[28] Discussion of the Bolam test was present in practically all of the judgments delivered. Lord Bridge asserted that the law should reject the ‘reasonable patient’ test and follow a modified version of the Bolam test. Accordingly, disclosure of information is ‘primarily a matter of clinical judgment’, but this does not mean that the profession is entitled to set its own standard in such cases. Thus, a judge would be entitled to hold that a clinician should have disclosed a risk where there was a procedure that involved a ‘substantial risk of grave adverse consequences’, giving the example of a 10 per cent risk of stroke as substantial, but a 1 or 2 per cent risk of spinal cord damage was not substantial. Similarly, Lord Templeman also suggested that a modified Bolam approach should be taken. Subsequent interpretation of the Sidaway case has not been straightforward. The reasoning of the judges in the case is far from consistent, and furthermore, according to Lord Browne-Wilkinson, the modified test put forward to Bolitho did not apply to such cases. The Court of Appeal in Gold v Haringey HA,[29] merely referred to the judgment of Lord Diplock and therefore applying the Bolam principle in its purest form, an approach not generally followed by the House of Lords in Sidaway. The Australian High Court on the other hand decided the issue differently in the case of Rogers v Whitaker.[30] In that case, the shortcomings of the Bolam test were identified by the High Court: â€Å"One consequence of the application of the Bolam principle to cases involving the provision of advice or information is that, even if a patient asks a direct question about the possible risks or complications, the making of that inquiry would logically be of little or no significance; medical opinion determines whether the risk should or should not be disclosed and the express desire of a particular patient for information or advice does not alter that opinion or the legal significance of that opinion. The fact that the various majority opinions in Sidaway †¦ for example, suggest that, over and above the opinion of a respectable body of medical practitioners, the questions of a patient should truthfully be answered (subject to the therapeutic privilege) indicates a shortcoming in the Bolam approach.† The Australian High Court specifically chose not to follow the Bolam test in information disclosure cases, commenting: â€Å"In Australia, it has been accepted that the standard of care to be observed by a person with some special skill or competence is that of the ordinary skilled person exercising and professing to have that special skill †¦ But, that standard is not determined solely or even primarily by reference to the practice followed or supported by a responsible body of opinion in the relevant profession or trade †¦ Even in the sphere of diagnosis and treatment, the heartland of the skilled medical practitioner, the Bolam principle has not always been applied †¦ Further, and more importantly, particularly in the field of non-disclosure of risk and the provision of advice and information, the Bolam principle has been discarded and, instead, the courts have adopted the principle that, while evidence of acceptable medical practice is a useful guide for the courts, it is for the courts to adjudicate on what is the appropriate standard of care after giving weight to the paramount consideration that a person is entitled to make his own decisions about his life.† The comments made by Lord Woolf[31] in his paper are clearly justified when examining the decision in Rogers v Whittaker. Commonwealth decisions have been far more willing to examine and scrutinize medical evidence and it may not always be a question of what is more preferential for the judge to follow, but it is instead what the judge feels is reasonable. This does not involve the judge merely accepting that two courses of treatment may have both been reasonable in the circumstances in the opinion of medical experts. The judge’s actual role is to establish the reasonableness of each on the basis of the evidence presented to him and that does not necessarily mean that both have to be right. Mason and Laurie comment: â€Å"[W]hile the courts are increasingly determined to see that the Bolam principle is not extended [into areas such as judging ‘best interests’], they still have an innate reluctance to abandon it in respect of medical opinion; there is a sense that Bolitho, although welcome, is being used mainly in a ‘back-up’ position. What is certain is that Bolam can no longer be regarded as impregnable.† Thus, on the basis of the above comment, the post-Bolitho meaning of Bolam is that it is merely a back up for when the case faced by the court suits a change in approach. Furthermore, while the courts have been apparently reluctant to extending the Bolam principle into the best interests test,[32] the principle has already been incorporated into the concept of best interests. Airedale NHS Trust v Bland[33] required an analysis of what was in the best interests of a patient in a persistent vegetative state, who was being kept alive by artificial nutrition and hydration. In an analysis of whether such nutrition and hydration should be withdrawn (resulting in the death of the patient), the Law Lords turned to analyse the patient’s best interests. The treatment was apparently not in the patient’s best interests. This was because it was regarded as futile. In Lord Goff’s words[34], ‘the patient is unconscious and there is no prospect of any improvement in his condition’. In deciding whether the treatment was futile, the doctor had to act in accordance with a responsible body of medical opinion. More precisely the doctor had to satisfy the Bolam test. It is difficult to comprehend how it is relevant in deciding what is in the best interests of a patient –conflicting views of doctors will always be Bolam reasonable as long as one other doctor supports that view. In conclusion, the courts have established a completely different system of establishing the standard of care for medical professionals to that of other professionals. The Bolam approach has traditionally been interpreted as a principle that a doctor will not be negligent if other professional opinion holds his actions as reasonable, even if that opinion is a minority. The courts have been deferential to the profession, and the apparent move away from such approach in Bolitho is a disappointment of this deference. Lord Browne-Wilkinson’s words were read quite literally, the emphasis being placed upon the words, ‘but if in a rare case’ – the courts have only questioned ‘reasonable and responsible’ medical opinion in a very small amount of cases and it seems as though the Bolitho approach is, as Mason and Laurie commented, a mere ‘back up’ if the judge wishes to find for the claimant. Whilst the courts have slowly begun to depart fro m the traditional approach, more needs to be done before there is any comparison with the approach of other Commonwealth jurisdictions, such as Australia. Furthermore, the courts should be more clear in their reasoning, as it is also important to be able to ascertain objectively how cases should be decided on grounds of precedent. The majority of clinical negligence claims that are commenced, are settled by the NHS Litigation Authority before they even reach court and would it not be more economic for the NHS to be able to ascertain with greater certainty when a doctor has been negligent? Finally, the decision in Bolitho is far from a departure of judicial deference to the medical profession, it is a mere spin on the language originally used in Bolam. The courts now have ground to make in establishing a more fair, predictable and objective approach in line with other negligence actions. Bibliography Brazier, M. ‘Medicine, Patients and the Law’ (2003, 3rd edn) Penguin Books, London Davies, M. ‘Textbook on Medical Law’ (2001, 2nd edn) Blackstone Press, London Jaskson, E., ‘Medical Law – Text, Cases and Materials’ (2006) Oxford University Press, Oxford Kennedy, I. Grubb, A. ‘Medical Law’ (2000, 3rd edn) Butterworths, London Mason, JK et al, ‘Law and Medical Ethics’ (2002, 6th edn) Butterworths, London Montgomery, J. ‘Health Care Law’ (2003, 2nd edn) Oxford University Press, Oxford National Audit Office, Handling Clinical Negligence Claims in England, 2001 Singer, P., ‘Rethinking Life and Death: The Collapse of our Traditional Ethics’ (OUP Oxford 1994) Journal Articles Brazier, M., Miola, J., ‘Bye-Bye Bolam: A Medical Litigation Revolution?’ (2000) 8 Med L Rev 85 Keown, J., ‘Reining In the Bolam Test’ (1998) 57 CLJ 248 Teff, H., ‘The Standard of Care in Medical Negligence – Moving on from Bolam?’ (1998) 19 Oxford Journal of Legal Studies 473-84 Woolf, Lord., ‘Are the Courts Excessively Deferential to the Medical Profession?’ (2001) 9 Medical Law Review 1-16. 1 Footnotes [1] The establishment of negligence is a common law creation – see Donoghue v Stevenson [1932] All ER Rep 1 [2] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 278 [3] Medicine, Patients and the Law, (3rd Edn, 2003) at pp 141 [4] See for example, Nettleship v. Weston [1971] 2 QB 691 [5][1957] 2 All ER 118 [6] (1981) unreported, and Maynard v. West Midlands Regional Health Authority [1985] 1 All ER 635 [7] Jackson, E., ‘Medical Law – Text, Cases and Materials’, (2006, OUP), Oxford at page 123 [8] [1987] 1 QB 730 [9] above, n 4. [10] Lord Scarman in Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] 1 All ER 643 [11] [1985] 1 All ER 635 [12] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 418 [13] [1993] 4 Med LR 393. Despite the fact that the case was reported in 1994, the decision was actually made in 1960 [14] [1997] 4 All ER 771 [15] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 445 [16] [1998] Lloyd’s Rep Med 223 CA [17] Unreported, 30 May 2002 [18] [1999] Lloyds Rep Med 23 [19] Mason, J.K., Laurie, G.T., ‘Mason McCall Smith’s Law and Medical Ethics’, (2006, 7th Edn) Oxford University Press, Oxford. [20] See for example, De Freitas v O’Brien [1995] 6 Med LR 108 [21] see for example, Briody v St Helen’s Knowsley AHA [1999] Lloyd’s Rep. Med. 185, Hallatt v NW Anglia HA [1998] Lloyd’s Rep. Med. 197, and Rhodes v W Surrey NE Hampshire HA [1998] Lloyd’s Rep. Med.. 256 [22] ‘Are the Courts Excessively Deferential to the Medical Profession?’ (2001) 9 Medical Law Review 1-16. [23] Ibid [24] Ibid. Also see, National Audit Office, Handling Clinical Negligence Claims in England, 2001 [25] Lord Woolf, above n 22 [26] ‘The Standard of Care in Medical Negligence – Moving on from Bolam?’ (1998) 19 Oxford Journal of Legal Studies 473-84 [27] Ibid [28] [1985] 1 All ER 643 [29] [1988] QB 481 [30] (1992) 67 ALJR 47 [31] above, n 22 [32] See for example Re S (adult patient: sterilisation) [2001] Fam 15, [2000] 3 WLR 1288. [33] [1993] 1 All ER 821 [34] [1993] AC 789 at 869

China-ASEAN Relations Essay -- Foreign Policy

Despite its traditional mistrust of security regimes, China became one of the founding members of the ASEAN Regional Forum (ARF) in 1994 – the first region-wide multilateral discussion of peace and security issues in Asia-Pacific. Besides, Beijing established military links with Thailand, the Philippines, Indonesia, Singapore, Myanmar, Cambodia, and Malaysia. This extends not only to military aid and loans, bilateral talks on military issues, and signing of defense memoranda of understanding, but also includes joint production of military equipment and joint training exercises. During the 12th Foreign Ministers’ Meeting of the ARF in 2005, Chinese Ambassador Liu Yongxing stated that deepening mutual trust, respecting diversity, handling relations with other institutions properly, maintaining vitality of the Forum and achieving continuous development should be the main goals of ARF looking forward. In 2006, China also signed the Treaty of Amity and Cooperation (TAC), i n which China promised not to threaten the security of other signatory states (ASEAN), to express China’s intention of establishing a strategic partnership with ASEAN for peace and prosperity. China is also willing to support ASEAN’s declaration of Southeast Asia as a nuclear weapons-free zone. With continuing norm convergence and growing trust, ASEAN may be persuaded that the region’s strategic future could be codetermined with China. The China-ASEAN strategic relationship, however, is not always a bed of roses. There remain serious issues between China and Southeast Asia which affected their relationship in the 1990s and will continue to complicate their relationship. The most prominent of all is the South China Sea dispute. Beijing has maintained that it has f... ... Shishi chubanshe, 2003). â€Å"ASEAN-China Dialogue Relations†. David Arase, â€Å"Non-Traditional Security in China-ASEAN Cooperation: The Institutionalization of Regional Security Cooperation and the Evolution of East Asian Regionalism†, Asian Survey, Vol. 50, No. 4 (July/August 2010) (pp. 808-833), http://www.jstor.org/stable/10.1525/as.2010.50.4.808, accessed March 22nd, 2012. China’s Foreign Affairs 2006 published by the Department of Policy Planning, Ministry of Foreign Affairs, PRC (World Affairs Press, 2006), p.413-416. â€Å"Vietnam: Better Defense Cooperation to Help Build ASEAN Community,† Thai Press Reports, (April 30th 2010). â€Å"China’s National Defense in 2008†, Information Office of the State Council of the People's Republic of China, (Beijing, January 20th 2009) http://www.china.org.cn/government/whitepaper/node_7060059.htm, accessed March 22nd 2012.

What is Giftedness? :: Biology Essays Research Papers

Maria, a friend of my mother's, once complained to our family about the public school system in Florida. She claimed Peter, her six-year-old child, is extremely intelligent and not only could he play the violin and chess, but he could also read upper-level books. Despite all this, he did not make it into the gifted program at school - a program that she believed he rightfully deserved to be a member of. Why was she so upset over the outcome, and what deciding factors do people consider that could lead to the child being selected against an accelerated program? In recent years there have been a strong resurgence in the study of giftedness in children- many people have attempted to explain the phenomena and why there are so few who are endowed with the asset. Research has promised new insights on the identification and subsequent proper handling for gifted individuals. What factors may influence innate talent in certain people - is it based on genetic, neurophysiological, or psychologi cal factors? In my last paper, I had discussed the various research projects that have attempted to link giftedness to the brain - with interesting results that are still yet to be firmly established. This paper will attempt to show how giftedness as a concept has been misrepresented in general, and how it presently cannot be used to directly identify individuals but can be used as an inference tool only. Nevertheless, finding a basis or correlates for the concept is something society finds important, because of the believed implications it will have for the gifted children in the future. The age-old issue of "what makes giftedness" has been debated in the academic world for many years. Before recent studies, it was widely believed that giftedness merely relates to the intellect only. Now many scientists believe that the term correlates not only to intelligence but also to creativity, memory, motivation, physical dexterity, and aesthetic sensitivity (1). It is without doubt that there is some basis to the fact that a few people learn faster than others, or have an accelerated sensitivity to art, music, or mathematics. But is this due to an innate ability of the particular person? Or are there several complex factors involved not involved with the individual's body? Is genius a unified brain phenomena, or is it a term used to describe different phenomena in different persons? Many believe that giftedness is due to some innate process independent, for example, from the environment the individual is raised in.

Child Psychology Educational Toys Essay

Hoping your child develops into a healthy and intelligent individual is the wish of most parents. Living in such a competitive society fuels the drive to take advantage of their early learning years. Firms have seen this as a large business opportunity and as a consequence, there are many products that ‘aim’ to help babies learn and develop cognitive skills. However, we have to be careful when making purchases, as some might bring harm rather than benefits. Some parents might decide to show their children ‘educational DVDs’- having their child sit quietly with little hassle whilst being able to learn at the same time seems like a fairly good deal. Take ‘Baby Einstein – First Words’ DVDs as an example. These programmes claim to boost toddler’s IQ before starting school. It may seem educational, but research has provided evidence that electronic and screen-based edutainment affects the brain negatively, as flashing lights and quick scene changes overstimulate the brain. Children who watch such DVDs miss out on playing with their parents, other children and toys. Your baby might watch, but there is no interaction which is vital in learning processes. Interaction also allows the child to develop a stronger attachment to the parent which has shown to be helpful for the child to learn in later years. Talking to them in infant-directed speech which most toddlers have shown preference to can also help grammar development. Moreover, newborns prefer their mother’s voice over others. There are many factors within the child that affect their learning, but the parents are the shapers of clay. The important thing is that a balance should be achieved between showing such stimulating programmes and interaction with the rest of the world.

Organizational Development Essay

John F. Kennedy was quoted as saying â€Å"Change is the law of life, and those who look only to the past or present are certain to miss the future.† The world is in a constant state of motion. No one should expect things to always stay the same. Organizations require technologies and human resources in order to operate. A business needs to operate by learning from the past and planning for the future. Since, the economic collapse of 2008, the idea that any company is ‘too big to fail’ has been thrown out the proverbial ‘business window’. Business is now practiced in a global market and technologies have made the world a smaller place. â€Å"Managers and their organizations must anticipate the future and become proactive players.† (Brown, D.R., 2011, part 1.) Consider companies like Blockbuster Video. The demise of Blockbuster proves that leadership did not look to the future. This company considered itself to be the standard. Where is Blockbuster now? Instead of being an industry leader, it is trying to regain its footing in a marketplace it once dominated. Why? Blockbuster failed to take its competitors seriously. It did not consider technology surpassing the company’s own perception of practicing business. â€Å"In 2002 (Blockbuster) had 8,000 stores and a market value of $3 billion. Today, movie-by-mail Netflix is worth nearly three times that much. And Blockbuster is broke.† (Gandell, S., 2010, paragraph 19.) Successful companies are looking to the future as they learn from the past and present. Organizations that are successful will operate without ego, effectively communicate throughout the organization, and constantly reinvent themselves. Organizations need to be in constant development in order to move forward with any success. In this paper, I intend to define the importance of organizational development as it relates to my own company’s recent sale to a new group of owners. I intend to define organizational development as it relates to organizational trust, a strong practitioner-client relationship, the imperative nature of the diagnostic phase, effective communication between ownership and employees, and the importance of strategy as it relates to a successful transfer of ownership and culture to an organization. Organizations need to know when organizational development is necessary. I am a Managing Partner in the restaurant business. I currently have about 50 employees that I am responsible for. Recently, the restaurant I am running was sold to a South African group of owners. The owners actually bought two restaurants from the local restaurant group I was working for. After studying the Charlotte market and other markets throughout this great country of ours, the South African owners decided that Charlotte, NC would give them the best opportunity to grow a restaurant chain. The owners currently have over 150 restaurants in South Africa and this is their first venture into the United States. Once the sale became final, the owners began to evaluate all the current systems and business practices of the restaurants. The new owners began to re-develop the organization by defining its existing and future organizational identity. The owners sat down with staff and management to get an understanding of what the restaurants meant to each staff member. â€Å"The identity will provide an advantage if it is well aligned with the organizational strategy and well suited to the market niche, because identities tend to be socially complex and path dependent, and therefore difficult to imitate.† (Salgado, S.R., 2003, page 65.) The owners became the practitioners of change by purchasing the restaurants. After the sale became final, it was time to develop a sense of trust from the existing staff and management. One way of gaining that trust is to value the opinions of the current members of the organization. The new owners showed that they valued staff opinion of organizational identity. This process helped to develop the fundamental need to build a positive practitioner-client relationship. The new owners need an employee landscape that is friendly, not hostile. There is no way the new organization can move forward with a negative culture. Once trust was established, the new owners were able to begin to identify issues, problems, and opportunities each restaurant was having. The five fundamental stages of organizational development are: â€Å"anticipate the need for change, develop the practitioner-client relationship, the diagnostic phase, action plans, strategies, and techniques, and self-renewal, monitor, and stabilize.† (Brown, D.R., 2011, page 18). Ownership has followed the principles of organizational change and development in a very smart way. The new owners worked on building a strong practitioner-client relationship while gathering information about the businesses. They remained very approachable and worked hard to assist with the agreed upon change lists. Ownership made everyone feel as though they were not there to change what was not broken. Employees were made to feel proud about the restaurants they worked in. By developing such a good and trusting relationship, change has come easier. Once trust was established, new ownership quickly moved to the third fundamental of organizational development, the diagnostic phase. â€Å"Organizational diagnostic models and surveys have often been demonstrated by practitioners to be very effective in supporting organizational development   programs.† (Goldstein, L. and Burke, W. (1991), Vol. 19, page 5.) Diagnostic models are designed to help organizational development practitioners to â€Å"categorize data about the organization, enhance understanding about organizational problems, interpret data systematically, (and) provide appropriate change strategies.† (Lok, P., Crawford, J., 2000, page 108.) The practitioners have been reviewing every facet of the restaurant’s business practices. Ownership is constantly evaluating the effectiveness of each system. Technologies, equipment, and managerial functions are all reviewed and measured to the new standards and goals set forth by the owners. The ownership designed a â€Å"team approach to setting and reviewing targets, real participation by subordinates in setting goals, with an emphasis on mutually agreed upon goals, mutual trust between subordinate and manager, and a real concern for personal career goals as well as for organizational goals.† (Brown, D.R., 2011, page 327.) Ownership felt that the technologies were not tied in together very well. Ownership felt that the current gathering of data was cumbersome and inaccurate. The practitioners felt that the clients needed to stream-line the ways in which data was collected. By reviewing every program and system of accounting, the new owners were able to determine that updating would be necessary in order to move the two concepts forward. Looking to future growth was not going to happen for the organization until both concepts were able to produce accurate information about the actual business. Ownership also determined that it wanted its managers out in the restaurant more. There was simply too much to do in the office while running the restaurants. The practitioners asked current upper management to clearly define the responsibilities of each manager and chef position. At this point, the culture of the new organization had begun to take shape. Clearly defined roles and a change in managerial philosophies have started to grow. I have witnessed what I believe is a very successful transformation of culture. Responsibilities are clearly communicated. Accountability has improved. By creating clearly defined roles, the effectiveness of each manager is much easier to measure. At times, however, communication has been inconsistent. The massive restructuring of all current systems has taken a toll on some people in the organization. Missed deadlines and unforeseen problems have occurred. The way in which the new ownership has responded to the unforeseen issues has been impressive. I feel that new ownership has shown an unwavering amount of dedication to the new organizational vision it has set in place. Considering the amount of change, the owners have been very clear and approachable throughout the transformation. I respect and support their efforts in remaining approachable and supportive. They exude an understanding of what each existing member or employee is going through.   Ownership has been very aware of the ego state of the organization. â€Å"Every interaction between people involves a transaction between their ego states. When one person converses with a second person, the first person is in a distinct ego state and can direct the message to an y of the three ego states in the second individual.† (Brown, D.R., 2011, page 230.) Ownership has made every effort to have open and complementary transactions with groups and individuals throughout the organization. At the same time, they have also shown that the organization will move forward with or without its current members. Holding people accountable has been extremely important. â€Å"In today’s changing environment, organizations that encourage individual ability and hold employees accountable for achieving goals are more likely to succeed.† (Brown, D.R., 2011, page 381.) The practitioners have been able to accentuate individual strengths and weaknesses within its existing employee body. This approach has brought on a spirit of contribution to the cause of the new vision presented to the ‘old guards’ of the organization. This is a very clever approach to affecting change. Also, the new leaders of the organization have discovered some hidden talents within its current team-members. Finding an existing and in-place pool of needed skills has helped the new leaders keep an aggressive time-line for the development of change. New owners did not have to look completely outside the organization for skills that will enable change. Instead, new owners were able to motivate change by looking for solutions internally. Looking for hidden talents helped to reaffirm the positive culture of opportunity and renewed perceptions of the employee skillset. An internal approach to solving or rectifying identified issues has also kept the cost of change down. Existing members already have a sense of where the shared vision of the company is going. Existing staff has a greater stake in the organization’s success. Because of shareholder accountability, ownership is smart to look internally for as many talents as possible. Ownership believed by stream-lining technologies and accounting systems, it could improve the quality of the guest experience and profitability of its organization. Ownership started this process by surveying all existing management to try and determine what each manager actually knew about the existing programs and technologies. A methodical and measured approach to re-designing office systems will enable the organization to become more consistent in gathering data and measuring the performance of both restaurants. Their  vision of the future of the organization has been effectively shared with everyone involved . The deadlines for improvements have been followed-up effectively. A weekly meeting between ownership and upper management takes place. In these meetings, organizational effectiveness is measured by how well goals and objectives are accomplished. At first, goals were very broad and basic. Managers were asked to evaluate their knowledge of existing point of sale programs, invoicing programs, and budgetary knowledge. Once ownership felt it had acquired enough knowledge about existing systems, the project or ‘goal’ chart was updated and tasks became more narrow and specialized in focus. Managers were held accountable to their goals based on their strengths or expertise. For example, one manager is very adept with computers. This has become his area of focus for the remainder of the re-development of the organization. â€Å"The collection of data is an important activity providing the organization and the practitioner with a better understanding of client system problems: the diagnosis.† (Brown, D.R., 2011, page 19.) Ownership has been very diligent about data accuracy. Every number and system has been reviewed for accuracy and consistency. In order for the company to move forward, ownership has to determine what is and what is not vital to the new organizational vision. Ownership has already picked two new sites for additional restaurants. It is important that both restaurants operate in the same way as the business grows. This is why organizational effectiveness has to be optimized and not hap-hazard. â€Å"Organizational practitioners need to assess the influence of variables in diagnostic models on organizational outcomes, and effectiveness has often been used as the primary outcome measurement. (Handy, 1985, p. 85; Burke and Litwin, 1992). The new owners have done an excellent job moving the new organization through a surprising change of ownership. I have enjoyed watching how these new owners have handled the organizational development of the restaurant. Organizational change and development is certainly not easy. Leadership from the owners to the managers has to stay on course with the changes. Total commitment and a positive attitude are necessary. Negativity spreads like wildfire when redeveloping an organization. The owners have worked hard to cope and shape their environments, through the way they organize and operate their organization. The history of organizational development has to be an interesting one. As I watch these new owners re-tool both establishments, I wonder if they are taking the same course in organizational development that I am. The owners have to pass forward their beliefs or values as to what the restaurants should be. Things that worked before might be tossed. New things are   introduced. The style of service and the menu, the technology, are all things the owners have to push forward to current and new employees. All the while, business is ongoing. The doors are open. Customers are hearing of the sale and are passionate about the changes. Some changes are subtle. Some changes are extreme. How does the ownership remain familiar to what the concept once was? The entire process is exhausting. The public’s resistance to change is fierce at times. One very popular item on the menu was discontinued when the new menu was rolled out. Granted, the menu had not changed in four years. Servers and cooks were tired of doing the same thing every day. The item that was discontinued was actually a very bland and tasteless item. Servers and cooks hated selling it. There was excitement and concern when the new ownership wanted to get rid of it. We all knew we were in for it when the new menu came out. Sure enough, customers have missed not having this item on the menu. Customers have been very vocal about this one item. Ownership feels that quality ingredients, perfect preparation, and impeccable service will build sales. There is a determination that the new regime can move past this one dish and convince the fickle public that there are a lot of other good reasons to dine at our restaurants. We are doing more than trying to keep our existing clientele. We are building a new clientele. Whatever perceptions the public had of us before does not matter. It is interesting to hear the complaints about some of our changes. All the while, most of the same staff works at the restaurant. The only real changes the public see are dress codes and menu changes. Otherwise, most change is behind the scenes. Because of the intense scrutiny mistakes in service or execution of the shift has to be perfect. We cannot afford to be less than perfect right now. Complacency has no place in the restaurant business. To be successful, we should always be looking ahead and learning from our past mistakes. We should always challenge ourselves to be better than we were yesterday. We are always training and learning. Managers should be acting as coaches and mentors to the staff. Management at all levels should not only ‘talk the talk’, they should ‘walk the walk’. However, the complaints are not always fair. The new menu is terrific. Quality and service are actually better than ever. The new owners spent a lot of money to help update and fix equipment that was vital to running the restaurant. Ownership has brought in more management and has improved the morale of the restaurant, not to mention the quality of life for all salaried people like myself. There has been a certain camaraderie resulting from moving toward common goals with other people. There is now a belief that we are a better place today because of our efforts. The best interventions from a   values point of view are those that help clients prepare their place in the future, whether its creation or adaptation. I am sure as we move forward that we will come in to our own again. The once faithful group of regulars will either go their own way or forgive us. Organizational development is a change strategy. â€Å"OD principles and techniques are experiencing a renaissance, thanks to the growth of the field of change management.† (Worren, N.A.M., Ruddle, K., & Moore, K.,1999, paragraph 3.) Organizational development requires a change in behaviors. These behaviors, good or bad, become the organizational culture. The organizational beliefs and values start at the top of the food chain, the owners. What is important to the owner should be important to the worker in that organization. It is imperative that the owner or any organization find a way to keep his people motivated and passionate about his organization’s products. Therefore, the leadership of any organization has to ‘connect’ to develop change and organizational success. Leadership has to be viewed as the change master. An organization that wants to remain vital, must be able to deal with change. A restaurant is an excellent example of a business in a constant state of change. For some restaurants the menu can stay the same. Maybe that is what people like about the place. However, what goes on outside the restaurant can cause a need for change inside the restaurant. Roads are closed, the economy is shrinking, parking is now too difficult to bother, these are all worrisome real-life issues that any organization or restaurant might have to deal with. The restaurant cannot afford to maintain the status quo, change is simply that critical. Kurt Lewin developed the concept of force-field analysis. This philosophy is â€Å"deceptively simple and can be used to help plan and manage organizational change.† (Cumming, T.G., & Huse, E.R. 1989, page 3.) Lewin believed that an organizational behavior was affected by the balance of two opposing forces. When these opposing forces are at odds, change happens. According to Lewin, there are driving forces and restraining forces. Driving forces affect and assist in the desired change. Restraining forces do quite the opposite. Restraining forces represent obstacles to the change. â€Å"If the weights of the driving and restraining forces are relatively equal, then the organization will remain static.†(Cumming, T.G., & Huse, E.R. 1989, page 3.) Ownership has to remain aware of the balance of power these two forces represent for the organization. Change has to appear to always be for the good of the whole organization. People are wary of change and must be made to feel a part of its success in order to help embrace the new mindset. Lewin’s force-field analysis works as a method of environmental scanning and as a way for creating an empowering environment to the culture of the organization. The new owners have done an excellent job moving the organization forward. The efforts made to gather data and technical knowledge have been diligent. The new owners have moved forward by doing their homework. After reviewing all the necessary information, ownership has been able to assimilate all the necessary funds, materials, staff and time. As the organizational development process has moved forward, it has become obvious that the owners plan on giving their newly acquired business the tools it needs to accomplish the shared vision. This, of course, has led to the owners’ final phase of organizational development, the support of their people. At first, ownership had to tread lightly. In the beginning, it was as if the new owners wrapped their arms around us all and said â€Å"everything will be alright, just stick with us.† As the new team moved forward, some upper management was asked to leave. Time has been a good indicator of the ownerships’ dedication to the new vision and culture of the organization. Their efforts have been unwavering and very consistent. In this paper, I have detailed the importance of organizational development as it relates to my own company’s recent sale to a new group of owners. The process of organizational development has been fascinating to watch. Although the constant evaluation of all systems and actions throughout the organization has been exhausting, I believe ownership has succeeded in redeveloping a once tired and inefficient culture. Employees and managers have felt a greater sense of purpose towards the new organization. New ownership has successfully relayed a positive sense of urgency and purpose towards its existing staff and team members. The revamping of the organizational culture has brought forth a better quality employee and better quality experience for the organization’s customers. The organizational development techniques applied by the new ownership has helped to improve the profitability of both restaurants. New ownership had once touted that two additional restaurants would be opening within twelve months. Because of the success in developing organizational change, new ownership has now determined a new restaurant can be opened in only six months instead of twelve. This fast organizational growth is to be celebrated because it is a direct result of the diligent efforts of ownership and all staff involved after the transfer of ownership became official. Trust, a positive practitioner-client relationship, a successful diagnostic evaluation and change, effective communication between ownership and employees, and the importance of strategy has allowed this organization to become stronger and advance its number of concepts. In short, growth happens if organizational development is applied effectively. References: Brown, D.R., (2011). An Experiential Approach to Organizational Development (8th ed). Upper Saddle River Pearson Prentice Hall. Retrieved from: http://onlinevitalsource.com/#books/9780558857257/pages/31616081. Cumming, T.G., & Huse, E.F. (1989), Organizational Development and Change (4th ed.) St Paul, MN: West Publishing. Retrieved from: http://jeritt.msu.edu/documents/TallmanWithoutAttachment.pc. Gandell, S., 2010, How Blockbuster Failed at Failing, Time Magazine. Retrieved from: http://www.time.com/magazine/article/0,9171,2022624-2,00.html. Goldstein, L. and Burke, W. (1991), Creating successful organizational change, Organizational Dynamics, Vol. 19, page 5-17. Retrieved from: http://search.proquest.com/docview/215864273?accountid=32521 Handy, C. (1985), Understanding Organizations, Penguin, London. Retreived from: http://search.proquest.com/business/docview/215864273/13901F6FOC3249E4570/1?accountid=32521 Lok, P., & Crawford, J., (2000). The application of a diagnostic model and s urveys in organizational development. Journal of Managerial Psychology, 15(2), 108-124. Retrieved from http://search.proquest.com/docview/215864273?accountid=32521.) Salgado, S.R. (2003), Fine Restaurants: Creating inimitable advantages in a competitive industry. New York University, Graduate School of Business Administration). ProQuest Dissertations and Theses, 161 p. retrieved from: http://www.search.proquest.com/docview/305261479?accountid=32521305261479. Worren, N.A.M., Ruddle, K., & Moore, K. (1999.) From organizational development to change management: the emergence of a new profession. The Journal of Applied Behavioral Science, 35(3), 273-286. Retrieved from http://search.proquest.com/docview/236248857?accountid=32521.