Friday, December 27, 2019

What Is Judicial Activism Definition and Examples

Judicial activism  describes how a judge approaches or is perceived to approach, judicial review. The term refers to scenarios in which  a judge issues a ruling that overlooks legal precedents or past constitutional interpretations in favor of supporting a particular political view. Key Takeaways: Judicial Activism The term judicial activism was coined by Arthur Schlesinger, Jr. in 1947.Judicial activism is  a ruling issued by a judge that overlooks legal precedents or past constitutional interpretations to support a political view.The term may be used to describe a judges actual  or  perceived approach to judicial review. Coined by Arthur Schlesinger, Jr. in 1947, the term judicial activism carries multiple definitions.  Some argue that a judge is a judicial activist simply by overturning a prior decision. Others counter that  the primary function of the court is to re-interpret elements of the Constitution and  assess the constitutionality of laws, and therefore such actions could not be called judicial activism at all. As a result, the term â€Å"judicial activism† relies heavily on how someone interprets the Constitution, as well as someone’s opinion on the role of the Supreme Court in the separation of powers. Origins of the Term In a 1947 Fortune magazine article, Schlesinger organized the sitting Supreme Court justices into two categories: proponents of judicial activism and proponents of judicial restraint. The â€Å"judicial activists† on the bench believed that politics play a role in every legal decision.  In the voice of a judicial activist, Schlesinger wrote: A wise judge knows that political choice is inevitable; he makes no false pretense of objectivity and consciously exercises the judicial power with an eye to social results. According to Schlesinger, a judicial activist views the law as malleable and believes that law is meant to do the greatest possible social good. Schlesinger famously did not take an opinion on whether judicial activism is positive or negative. In the years following Schlesinger’s article, judicial activist was often used as a negative term. Both sides of the political aisle used it to express outrage at rulings that did not find in favor of their political aspirations. Judges could be accused of â€Å"judicial activism† for even slight deviations from the accepted legal norm. Forms of Judicial Activism Keenan D. Kmiec chronicled the evolution of the term in a 2004 issue of the California Law Review. According to Kmiec, charges of â€Å"judicial activism† can be levied against a judge for a variety of reasons. A judge might have ignored precedent, struck down a law introduced by Congress, departed from the model another judge used for a finding in a similar case, or written a judgment with ulterior motives to achieve a certain social goal. The fact that judicial activism does not have a single definition makes it difficult to point to certain cases that demonstrate a judge ruling as a judicial activist. The amount of cases displaying acts of judicial re-interpretation broadens and narrows depending on how â€Å"re-interpretation† is defined. However, there are a few cases, and a few benches, that are generally agreed upon as examples of judicial activism. The Warren Court was the first Supreme Court bench to be called a â€Å"judicial activist† for its decisions. While Chief Justice Earl Warren presided over the court between 1953 and 1969, the court handed down some of the most famous legal decisions in U.S. history, including  Brown v. Board of Education, Gideon v. Wainwright, Engel v. Vitale, and Miranda v. Arizona. The Warren Court penned decisions that championed liberal policies that had a large impact on the country in the 1950s and 1960s. Examples of Judicial Activism Brown v. Board of Education (1954) is one of the most popular examples of judicial activism to come out of the Warren Court. Justice Warren delivered the majority opinion, which found that segregated schools violated the Equal Protection Clause of the Fourteenth Amendment. The ruling effectively struck down segregation, finding that separating students by race created inherently unequal learning environments. This is an example of judicial activism because the ruling overturned Plessy v. Ferguson in which the Court had reasoned that facilities could be segregated as long as they were equal. A court does not have to overturn a case for it to be labeled activist. When a court strikes down a law, exercising the powers given to the court system through the separation of powers, the decision may be viewed as activist. In Lochner v. New York (1905), Joseph Lochner, the owner of a bakeshop, sued the state of New York for finding him in violation of the Bakeshop Act, a state law. The Act limited bakers to working less than 60 hours per week and the state fined Lochner twice for allowing one of his workers to spend over 60 hours in the shop. The Supreme Court ruled that the Bakeshop Act violated the Due Process Clause of the Fourteenth Amendment because it infringed on an individuals freedom of contract. By invalidating a New York law and interfering with the legislature, the Court favored an activist approach.   Activist and liberal are not synonymous. In the 2000 presidential election, Democratic candidate Al Gore contested the results of more than 9,000 ballots in Florida that did not mark either Gore or Republican candidate George W. Bush. Floridas Supreme Court issued a recount, but Dick Cheney, Bushs running mate, called for the Supreme Court to review the recount. In Bush v. Gore, the Supreme Court ruled that Floridas recount was unconstitutional under the Equal Protection Clause of the 14th Amendment because the state failed to institute a uniform procedure for the recount and handled each ballot differently.  The Court also ruled that under Article III of the Constitution, Florida did not have time to develop a procedure for a separate, proper recount. The Court intervened in a state decision that affected the nation, taking an activist approach, even though it meant a conservative candidate won the 2000 presidential election. Judicial Activism vs. Judicial Restraint Judicial restraint is considered the antonym of judicial activism. Judges who practice judicial restraint hand down rulings that strictly adhere to the â€Å"original intent† of the Constitution. Their decisions also draw from stare decisis, which means they rule based on precedents set by previous courts. When a judge favoring judicial restraint approaches the question of whether a law is constitutional, they tend to side with the government unless the unconstitutionality of the law is extremely clear. Examples of cases where the Supreme Court favored judicial restraint include Plessy v. Ferguson and Korematsu v.  United  States. In Korematsu, the court upheld race-based discrimination, refusing to interfere with legislative decisions unless they explicitly violated the Constitution. Procedurally, judges practice the principle of restraint by choosing not to take on cases that require constitutional review unless absolutely necessary. Judicial restraint urges judges to consider only cases where parties can prove that a legal judgment is the only means of solving a dispute. Restraint is not exclusive to politically conservative judges. Restraint was favored by the liberals during the New Deal era because they didn’t want their progressive legislation overturned. Procedural Activism Related to judicial activism, procedural activism refers to a scenario in which a judges ruling  addresses a legal question beyond the scope of the legal matters at hand. One of the most famous examples of procedural activism is Scott v. Sandford. The plaintiff, Dred Scott, was a slave in Missouri who sued his master for freedom. Scott based his claim to freedom on the fact that he had spent 10 years in a non-slave state, Illinois. Justice Roger Taney delivered the opinion on behalf of the court. Taney wrote that the court did not have jurisdiction over Scott’s case under Article III of the U.S. Constitution. Scott’s status as a slave meant that he was not formally a citizen of the United States and could not sue in federal court. Despite ruling that the court did not have jurisdiction, Taney continued to rule on other matters within the Dred  Scott case. The majority opinion found the Missouri Compromise itself to be unconstitutional and ruled that Congress could not free slaves in the Northern states. Dred Scott stands as a prominent example of procedural activism because Taney answered the principal question and then ruled on separate, tangential matters to further his own agenda of keeping slavery as an institution in the United States. Sources Bush v. Gore, 531 U.S. 98 (2000).Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).Introduction to Judicial Activism: Opposing Viewpoints.  Judicial Activism, edited by Noah Berlatsky, Greenhaven Press, 2012. Opposing Viewpoints.  Opposing Viewpoints in Context.Judicial Activism.  Opposing Viewpoints Online Collection, Gale, 2015.  Opposing Viewpoints in Context.Kmiec, Keenan D. â€Å"The Origin and Current Meanings of Judicial Activism.†Ã‚  California Law Review, vol. 92, no. 5, 2004, pp. 1441–1478., doi:10.2307/3481421.Lochner v. New York, 198 U.S. 45 (1905).Roosevelt, Kermit. â€Å"Judicial Activism.†Ã‚  Encyclopà ¦dia Britannica, Encyclopà ¦dia Britannica, Inc., 1 Oct. 2013.Roosevelt, Kermit. â€Å"Judicial Restraint.†Ã‚  Encyclopà ¦dia Britannica, Encyclopà ¦dia Britannica, Inc., 30 Apr. 2010.Scott v. Sandford, 60 U.S. 393 (1856).Roosevelt, Kermit.  The Myth of Judicial Activism: Making Sense of Supreme Court Decisions. Yale Uni versity Press, 2008.

Thursday, December 19, 2019

Comparing Conrads Heart of Darkness and Coppolas...

Similarities in Conrads Heart of Darkness and Coppolas Apocalypse Now Sometimes, a work is so great that artists from other forms of expression are compelled to interpret that work in their own medium. Francis Ford Coppola took James Conrad’s classic novel Heart of Darkness and updated it to the time of the Vietnam War. James Conrad’s classic novella Heart of Darkness is a tale about a seaman who makes his way up the Congo river in search of a man and his ivory. In 1979, Francis Ford Coppola released Apocalypse Now, centered around an Army officer that has been ordered to assassinate an insane American officer. He, too, must travel upriver, but this time it is on the Mekong River in Vietnam. However different, both of these stories†¦show more content†¦He found out why later. Marlow asked a young man why he didn’t go out there in the jungle. The young man replied, I am not such a fool as I look (Conrad 15). The jungle abides by the rule of chaos – it is certainly no place for man. Marlow was cautioned to be very car eful in the jungle on his journey. During a physical exam, the Doctor advised Marlow to avoid irritation more than exposure to the sun because in the tropics one must keep everything calm (Conrad 15). On their way up the river, it had been decided it would be better to wait the night. The anchor had been dropped on the boat, and as the sun rose there was a white fog, very warm and clammy, and more blinding than the night (Conrad 41). From somewhere in the jungle, Marlow is described as saying: †¦ a very loud cry of infinite desolation soared slowly in the opaque air. It ceased. A complaining clamour, modulated in savage discords, filled our ears. The sheer unexpectedness of it made my hair stir under my cap (41). He continues, I don’t know how it struck the others, to me it seemed as though the mist had screamed, so suddenly and apparently from all sides at once did this tumultuous and mournful uproar arise (Conrad 41). Marlow’s crew panicked, and one man wondere d if they would be attacked. Another murmured, We will all be butchered in this fog (Conrad 41). Very much out of place in a strange foreign environment, Marlow and the rest of hisShow MoreRelated Comparing Joseph Conrads Heart of Darkness and Francis Ford Coppolas Apocalypse Now2104 Words   |  9 PagesBetween Conrads Heart of Darkness and Coppolas Apocalypse Now      Ã‚   Apocalypse Now is a very vivid and sometimes disturbing film centered on the Vietnam War. Because it was based on Joseph Conrads novella Heart of Darkness, it is possible to draw some parallels between the two. Both can be interpreted as metaphors for a journey through the inner self, and each has its own singular message to convey. Apocalypse Now very perspicuously depicts the fact that men have hearts of darkness, andRead MoreComparing Joseph Conrad’s novel â€Å"Heart of Darkness† and Francis Ford Coppola’s film â€Å"Apocalypse Now†1235 Words   |  5 PagesThe focus of this Comparative Essay is to evaluate the similarities between Joseph Conrad’s novel â€Å"Heart of Darkness† and Francis Ford Coppola’s film â€Å"Apocalypse Now.† Resemblances in both stories are prominent when reading the novel or watching the film. The resemblance which will be used in this essay will be the similarities between the prota gonists in both stories, Charlie Marlow and Captain Benjamin L. Willard. 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These differences and similarities can be seen in themes, characters, events and other small snippets of information including anything from quoted lines to strange actions of the main characters. Both pieces follow the same story line but they are presented in differentRead MoreEssay on heart of darkness1844 Words   |  8 Pages Various parallels can be drawn when comparing and contrasting Joseph Conr ads Heart of Darkness and Frank Coppolas quot;Apocalypse Nowquot;, while taking into consideration Heart of Darkness is a novella and quot;Apocalypse Nowquot; is a film. These differences and similarities can be seen in themes, characters, events and other small snippets of information including anything from quoted lines to strange actions of the main characters. Both pieces follow the same story line but they are presentedRead MoreComparing Apocalypse Now and Saving Private Ryan1515 Words   |  7 PagesComparing Apocalypse Now and Saving Private Ryan Desai Abdul-Razzaaq HIST 1302 – American History II Mr. Daniel Bush Central Texas College January 4, 2010 The films Saving Private Ryan and Apocalypse Now were both critically acclaimed films depicting the dramas of war. They both had very realistic qualities and great cinematic values. The films had two great Hollywood directors in, Steven Spielberg

Wednesday, December 11, 2019

Maslow and Motivation Hierarchy System

Question: Discuss about the Maslow and Motivation Hierarchy System. Answer: Introduction: I believe that Coveys seven habits prove to be effective tools warranted for living an ethically appropriate business, social and personal life (McGuinness McElroy, 2010). Indeed, proactive attitude in my opinion is the best method of overcoming an occupational health hazard or an unprecedented environmental tragedy (Al-Shidhani, 2011). I understand that application of proactive strategies warrants the self-assessment of ones weaknesses, strengths, capacities, motivations as well as blind spots. The proactive ideology in my opinion advocates the analysis of the outcomes of any situation, for taking remedial measures prior to the occurence of adversities in real time scenario. I was deployed as a security officer in a rehabilitation centre, where the electricity powerhouse suddenly caught fire. I assisted the fire extinguisher team for mitigating the intensity of fire while evaluating the criticality of the situation. It took more than 5 hours for acquiring complete control on the fi re. However, by that time, much of the damage to the structure of the firehouse had happened and some of the workers deployed in the workstation suffered from minor injuries. I personally feel that the execution of mitigating steps during the onset of fire becomes critical in the absence of any proactive measure and thats what happened in the rehabilitation centre, thereby leading to the occurrence of traumatic episodes with the staff members and considerable damage to the rehabilitation infrastructure. I felt traumatized during the event and could not prioritize the immediate steps requiring execution for taking control on the expanding fire. I am sure that the lack of proactive measures was primarily responsible for the extended time that was consumed in controlling the fire. The fire workers had no clue of the systematic steps that they had to undertake for overcoming the state of emergency. The non-systematic and non-proactive approaches were deployed for controlling the fire in the rehabilitation centre. Furthermore, absence of adequate safety precautions and mock drills was primarily responsible for the considerable delay that eventually resulted in the state of panic following the onset of fire. I think that I could have evaluated all safety measures in a proactive manner and participated in various fire drills in the context of gaining expertise and confidence in handling the occupational unprecedented emergency. The action plan attributes to the deployment of proactive strategies while evaluating all safety parameters for the effective implementation of mitigation strategies warranted for overcoming the state of panic and trauma experienced by healthcare workers as well as other staff members deployed at the rehabilitation center. IOSHs Code of Conduct The code of conduct prescribed by IOSH advocates the requirement of active rehabilitation of people at their work place (IOSH, 2017). I understand that rehabilitation conventions outlined by IOSH assist the employees to continue their execution at workplace despite experiencing chronic disease conditions. I can recall an event at my workplace where a diabetic employee experienced an acute hypoglycaemia episode during the working hours. Adverse symptoms resulted in heavy sweating and dizziness due to which he fainted at his work station. The occupational physician was immediately called by the management and the employee was rushed to the emergency room for instant evaluation. The employee seemed dehydrated and therefore the vitals were recorded and after analysis of his blood glucose level (through a reagent strip). Intravenous hydration intervention was then performed and oral glucose was administered for stabilizing the blood glucose level of the patient. I believe that the IOSH co de of conduct was stringently followed in this event and the occupational practitioner did his level best in providing immediate remedial intervention for effectively improving the adverse manifestations experienced by the patient. I believe that the adverse event occurred because of absence of periodic monitoring of the patient by the healthcare teams in the occupational setting. The IOSH code of conduct advocates the requirement of consistent evaluation of chronically ill employees with the objective of reducing their predisposition towards acquiring adverse disease manifestations. While being an occupational health officer, I could have assisted the healthcare team in performing regular surveillance of the employees with the objective of reducing their scope of experiencing health adversities during the working hours. I could have followed the conventions advocated by the good clinical practice and conducted education sessions for the employees with the objective of enhancing the ir knowledge regarding medical emergencies and associated remedial steps warranted for avoiding the occurrence of life threatening conditions at the workplace. The action plan attributes to the dissemination of self-care knowledge among all employees and educating them regarding the utilization of first aid interventions warranted during medical emergencies. I would advise the chronically ill patients to work from home as per their convenience and instruct them to undergo periodic health check-ups with the objective of effectively monitoring their health conditions at regular intervals of time. Gibbs (1988) Reflective Cycle Gibbs reflective cycle is a theoretical convention deployed by the healthcare students in the context of undertaking the process of reflective writing (Burzotta Noble, 2011). This reflective model requires the description of a (healthcare related) event in six segregated steps and assists the student in describing the action plan for prospective remediation. I believe that Gibbs model helps the student in exploring innovative ideas regarding an event for self-improvement as well as systematic elevation in thinking skills. Gibbs model instructs the student for providing thorough detail of any event and advocates the description of individual feelings regarding the event in a reflective manner. I understand that the evaluation of an event requires the thorough description of the event in terms of its context and outcomes. The type of experience gained during the event and the associated positive or negatives results also require systematic description by the student while utilizing re flexive approaches. I believe that analysis of the event should be done in a manner to emphasize the causative factors associated with the event as well as the consequences of intervention. I think that the conclusion section of the Gibbs model asks the student to explore his/her individual capacity of modifying the outcomes of the event under similar circumstances. The student also receives an opportunity of effectively relating his/her learning goals and competency level with the positive and negative aspects of the event and its associated consequences. The action plan includes the remedial steps performed with the objective of mitigating the complex outcomes of the event. The leadership management styles are divided into post-hoc management, micro-management, seagull management and various other types. An ideal leadership management follows the democratic style where managers involve the entire team while resolving a potential conflict (Al-Sawai, 2013). The democratic leadership style follows proactive approaches and attempt to avoid the frequent occurrence of conflicts between the employees in a real-time environment (Vesterinen, et al., 2013). I think that the preliminary objective of involving all team members in decision-making attributes to the configuration of a common consensus for avoiding any adverse manifestation or contradiction following the successful resolution of conflict. Decisions are usually taken in with the agreement of the staff members; however, multiple opinions create complications during the process of decision making. I can recall an event at my workplace when my manager faced a workplace conflict following a harsh argument b etween two team members in relation to work related discrepancy. The manager intervened and took the view-points of the entire team members regarding the controversy. The decision was acceptable to both parties and hence the matter was settled effectively within a few minutes. I feel that this democratic way of resolving workplace conflicts is the best method, since it helps in forming a group consensus and assists in satisfying people regarding the configured decision. The conflict at my workplace was handled well by the manager and was resolved without creating any major controversy between the teams. The team members did not give multiple opinions on the matter and hence the issue was resolved without any complication. In this situation, I could have evaluated individual opinions of people by performing sessions with them to make sure that my decision was not enforced on them in any manner without their actual consent. The action plan attributes to the administration of instructi ons to all team members in relation to reporting of operational complications directly to the manager under an unfavourable situation. Tackling Conflicts I recently experienced the state of conflict between two employees in my company when they started undertaking argument following a serious disagreement on a work-related matter. I seriously felt the non-accomplishment of the attributes including self-esteem and confidence (advocated by Maslows Hierarchy of Needs) between individuals (Taormina Gao, 2013). I believe that the conflict was the direct result of the state of dissatisfaction between the employees. This dissatisfaction could have emanated between interpersonal discrepancies or conflicts of interest at workplace. The event resulted in a stressful situation warranting intervention by their reporting manager. The manager intervened accordingly and attempted to resolve the matter amicably in an accommodating manner. The manager proved to be a friendly helper and eventually gained the trust of both employees leading to timely settlement. I personally feel that the earnest conflict handling intentions of the manager considerably assisted the resolution of the discrepancy that eventually settled down the stressful situation. I believe that the friendly behaviour of the manager helped both employees in reducing the intensity of their arguments. The manager did now allow domination of any single person and gave ample time to both parties for explaining their individual concerns. The manager refrained from native discussion and emphasized the positivity while effectively influencing the behaviours of both employees. I think that the deployment of effective communication skills during the state of the conflict could have resolved the same in the shortest possible time and in a collaborative manner. I believe that the utilization of negotiation and mediation strategies could have assisted both parties in resolving their conflicts without arbitration by a third party. I further feel that the configuration of a work culture that can serve best for the systematic accomplishment of employees expectations, is the onl y strategy requiring deployment for effectively preventing the state of conflict between the employees. I personally feel that changes in the workplace are highly warranted with the objective of elevating the workplace safety and associated outcomes (Mahan, et al., 2014). I remember an event at my workplace when there had been a major gas leakage in the office premises leading to the situation of panic among the staff members. The emergency bell rung and the safety management team rushed to the site of leakage for stopping the occurrence of a major disaster. However, the lack of availability of safety tools at workplace left many employees injured and the stampede resulting from the panic situation resulted in traumatic episodes and associated health adversities among the staff members. I personally feel that this event is a red signal for companies who do not take concrete measures for changing the workplace safety culture warranted for reducing the probability of occurrence of disastrous health outcomes following the adverse events. I think that this safety change is highly required for saving the precious lives of employees who invest their time and efforts for attaining professional development at their workplace. In the presented scenario, safety personnel presumably did not receive training sessions regarding work safety measures and no previous workplace analysis was performed for evaluating safety parameters implemented for saving the lives of associated employees. The lack of safety measures in the workplace resulted in the absence of change warranted for effectively safeguarding the office premises and workforce. The fatalities that resulted from the gas leakage and resultant stampede could have been avoided by establishing major changes in the safety parameters at workplace. Labour management training required administration by safety teams for handling the casualties resulting from an unprecedented adverse event. The biggest change warranted for safeguarding the lives of workforce attributes to the acquisition of knowledge regarding safety enhancement tools and techniques requiring deployment at workplace for handling the traumatic episodes. The action plan includes the requirement of performing regular mock drills with the objective of preparing the staff members for undertaking remedial measures following the onset of adverse events. Indeed, empowerment of the workforce through various customized training approaches required for brining major safety related changes in the workplace for systematically minimizing occupational hazards (Lippin, et al., 2000). Health and occupational budgeting is utilized as an essential tool that systematically takes the income as well as expenditure into consideration for an effective departmental management and associated occupational advantages (Walsh, 2016). It assists in the evaluation of business performance and minimizing the probability of financial losses. I remember the event of budget presentation in my office that was undertaken with the objective of developing a common consensus in relation to financial planning. The budget was prepared after undertaking a lot of research as well as consultation with the business associates. Business plan was presented for the establishment of financial goals of the company and systematic strategies were evaluated for the assessment of costs related to health and occupational safety. Indeed, due to some technical flaws in the calculation of anticipated expenditure, the budget plan was summarily rejected by the company management. I personally feel that the de velopment of a business plan requires considerable efforts by the financial experts and therefore its rejection at any point of time creates elevated level of disappointment among the business associates. I think that proactive strategies were missing in the presented business plan leading to its rejection by the concerned authorities. I think that the configured plan was not at all audited systematically by the business as well as financial experts and due to that it failed to meet the organizations objectives and goals. I could have consulted statisticians and financial experts prior to configuring the business plan and requested them to audit the same for catching the technical inaccuracies before its presentation in front of management. The action plan attributes to the gathering of significant budgeting information, while evaluating its accuracy and authenticity in relation to the organizational goals and requirements. The effective management of expenses during budgeting is hi ghly required for presenting an authentic business plan (Osborne, 2013). Fair Employment Practices I understand that the objective of undertaking fair employment practices attributes to the non-discriminatory and fair selection of employees in accordance with the stipulated occupational parameters. I remember the selection procedure adopted in my company while selecting the health and occupational safety staff that made me understand the guiding principles involved in the deployment of fair employment practices in the professional setting. The selection procedure was improvised in a manner to select the candidates on the bases of their experience, merit, capabilities and knowledge related to the concerned job profile. The interviewees were treated with dignity and respect and no preference was given to any candidate with respect to his/her age, gender, religion and race (Bjelland, et al., 2010). Labour laws were practiced along with the Tripartite Guidelines for selecting the eligible candidates. I personally feel that the company employed a fair selection procedure while practici ng legal and ethical conventions warranted for selecting the potential candidates. I think that the selection of appropriate candidates resulted in the systematic enhancement of professional outcomes as well as companys profitability. This experience taught me the relevance of fair employment practices requiring implementation for selecting the most appropriate employees having potential of bringing the desirable occupational change under challenging circumstances. The action plan attributes to the facilitation of fair employment practices while referring the most eligible candidates for their systematic deployment in the occupational setting. I remembered an event when a labourer engaged in the construction work at our site was severely injured after experiencing a fall from the fourth floor of the under-construction building. The injury resulted in the occurrence of multiple fractures in the worker and eventually he experienced the pattern of permanent disability and associated manifestations. The worker was never interviewed by the company authorities and did not get adequate financial compensation since the root cause of the incident was not explored by the company as well as the legal agencies. I personally feel that adequate workplace accident investigation measures require deployment to evaluate the root cause of workplace accidents, with the preliminary objective of bringing justice to the workers affected with serious fatalities. The absence of root cause investigation resulted in the administration of inadequate treatment (due to financial constraints) that deteriorated the patients condition to the life-threaten ing level. I believe that the company policies had major flaws since they did not emphasize the requirement of root-cause analysis of the event. This major flaw could be utilized by the affected worker in filing litigation against the company in relation to the serious health loss suffered by him following the traumatic episode. This event became the source of my learning regarding workplace incident and I realised the requirement of performing root cause analysis of workplace incidents for surpassing the scope of litigation and providing justice to the affected workers (BATTAGLIA, et al., 2014). Workplace Incident Reporting I believe that workplace reporting is highly required by companies in the context of saving the lives of workers and for effectively surpassing complex litigation issues. I can recall an event in my company when a worker experienced severe head injuries after hitting his head from a road roller during his deployment in the workplace. The safety team immediately rushed at the event and provided first aid to the injured worker. The incident was instantly reported by fellow workers to the companys management as well as to a nearby local hospital. The worker was taken to the critical care unit in the hospital where he received medical interventions for treating his head trauma. The timely reporting of the event resulted in prompt action by the company management and the entire medical expense was accordingly taken care of by them in accordance with patients insurance coverage. I personally appreciate the action taken by fellow workers, safety team as well as company management in providi ng instant medical aid to the injured worker. This could not be possible without timely reporting of the event to companys management as well as hospital authorities. The worker received medical intervention in the shortest possible time; however, the severity of injuries challenged his prompt recovery in the hospital setting. This experience taught me the requirement of deploying a systematic workplace incident reporting system for providing prompt medical interventions to the patients affected with workplace injuries. Action plan attributes to the execution of periodic audits of the workplace incident reporting system and administration of mock drills for safeguarding the precious lives of the labourers at workplace. I believe that workplace reporting barriers need mitigation and the safety teams require enhancing their skills and knowledge warranted for systematically accomplishing the reporting requirements related to the workplace incident reporting system. References Al-Sawai, A., 2013. Leadership of Healthcare Professionals: Where Do We Stand?. Oman Medical Journal, 28(4), pp. 285-287. Al-Shidhani, T. A., 2011. The Seven Habits of Highly Effective People. Sultan Qaboos University Medical Journal, 11(3), pp. 426-427. BATTAGLIA, M., FREY, M. PASSETTI, E., 2014. Accidents at Work and Costs Analysis: A Field Study in a Large Italian Company. Industrial Health, 52(4), pp. 354-366. Bjelland, M. J. et al., 2010. Age and Disability Employment Discrimination: Occupational Rehabilitation Implications. Journal of Occupationakl Rehabilitation, 20(4), pp. 456-471. Burzotta , L. Noble , H., 2011. The dimensions of interprofessional practice. British Journal of Nursing, 20(5), pp. 310-315. IOSH, 2017. Rehabilitation. [Online] Available at: https://www.iosh.co.uk/Books-and-resources/Our-OH-toolkit/Stress/Rehabilitation.aspx [Accessed 23 04 2017]. Lippin, T. M., Eckman, A., Calkin, K. R. McQuiston , T. H., 2000. Empowerment-based health and safety training: evidence of workplace change from four industrial sectors. American Journal of Industrial Medicine, 38(6), pp. 697-706. Mahan, B., Morawetz, J., Ruttenberg, R. Workman, R., 2014. Workplace Safety and Health Improvements Through a Labor/Management Training and Collaboration. New Solutions, 23(4), pp. 561-576. McGuinness , T. M. McElroy , E., 2010. 7 habits of highly effective. Journal of Psychological Nursing and Mental Health Services, 48(1). Osborne, D., 2013. Managing expenses with budgeting. The Canadian Veterinary Journal La Revue Veterinaire Canadienne, 54(7), pp. 701-703. Taormina , R. J. Gao , J. H., 2013. Maslow and the motivation hierarchy: measuring satisfaction of the needs. The American Journal of Psychology, 126(2), pp. 155-177. Vesterinen, S. et al., 2013. Nurse Managers' Perceptions Related to Their Leadership Styles, Knowledge, and Skills in These AreasA Viewpoint: Case of Health Centre Wards in Finland. ISRN Nursing. Walsh, K., 2016. Managing a Budget in Healthcare Professional Education. Annals of Medical and Health Sciences Research, 6(2), pp. 71-73.

Tuesday, December 3, 2019

The History Of Pediatric Physical Therapy Example For Students

The History Of Pediatric Physical Therapy Pediatric physical therapists work to help disabled children and their families grow and become stronger every day. For about a century now, doctors have been making a valiant effort to improve the lives of children. Though it is not the most popular practice, pediatric physical therapy is certainly important to the lives of millions. Since the beginning of pediatrics, new discoveries are constantly being made. Pediatric physical therapy has been making ground breaking developments and progressions in all of its elements since it became popular in the 1920’s. â€Å"Ever since was born during the polio epidemic of the 1920s, these therapists have relied upon an impressive array of techniques† (Hackethal). A technique most commonly used is a treatment plan. The therapists first find the source of the patient’s physical difficulties, then they use a treatment plan accordingly. The main goal or objective of any doctor is to help their patients. In order to help pediatric patients, tolerance is essential. The doctors are there not only to help their patients grow stronger, but to also comfort them and their families. â€Å"Providing expert consultation to school and daycare is often the therapist s responsibility as well† (Hackethal). These doctors are constantly changing over time. Therapists must continue to modernize their practice and keep up to date in order to give the best care to their patients. We will write a custom essay on The History Of Pediatric Physical Therapy specifically for you for only $16.38 $13.9/page Order now Thanks to the advancement of this practice, the patients improve more rapidly than ever. During the beginning of pediatric physical therapy practice, especially during the polio epidemic, patients would suffer greatly. There was not much anybody could do for them except help numb the pain a little. Today, the benefits of pediatric physical therapy are limitless. â€Å"Children with cerebral palsy, spina bifida, developmental delays, and torticollis are among the people who can benefit from pediatric physical therapy† (Weiss). The children’s ages can range from infancy to adolescence. Younger children do not necessarily enjoy physical therapy; mostly because they do not understand what is going on or why they are attending physical therapy. The older children, however, do not seem to mind physical therapy near as much. No one loves it because it does hurt. There is a thin line between stretching the child’s limits far enough but not too far. Over time, the childre n have been stretching their limits further and further. There is not a sure reason of why this is, but there has been a large change in the children’s pain tolerance. Some suggest that because of new medicine and different technology being used by therapists, it results in more tolerable pain. The technology used in pediatric physical therapy has changed the most over the years. Today, the use for technology is unbelievable. Hospitals and practices are filled with cutting edge technology that assist the patients in their healing journey. There are some things that therapists cannot help the patients with as well as the technology. When pediatric physical therapy first became popular in the 1920’s, all the technology they had were small pools to help eliminate the pain the children were experiencing. Children with polio were almost always put in small pools. They would usually float around for a while and sometimes do exercises with their arms and legs to help build muscle. Even with the advanced technology used today, pools and Jacuzzis are still commonly used. Pool therapy is an amazing therapy that children generally enjoy. â€Å"The unique properties of the aquatic environment enhance interventions for patients/clients across the age span with musculoskeletal, n euromuscular, cardiovascular/pulmonary, and integumentary diseases, disorders, or conditions† (Aquatic Physical Therapy Section). Technology being used right now by pediatric physical therapists are continuing to change the lives of many and always will. .ud35a09cce628c625b8164b6f01fe7f78 , .ud35a09cce628c625b8164b6f01fe7f78 .postImageUrl , .ud35a09cce628c625b8164b6f01fe7f78 .centered-text-area { min-height: 80px; position: relative; } .ud35a09cce628c625b8164b6f01fe7f78 , .ud35a09cce628c625b8164b6f01fe7f78:hover , .ud35a09cce628c625b8164b6f01fe7f78:visited , .ud35a09cce628c625b8164b6f01fe7f78:active { border:0!important; } .ud35a09cce628c625b8164b6f01fe7f78 .clearfix:after { content: ""; display: table; clear: both; } .ud35a09cce628c625b8164b6f01fe7f78 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud35a09cce628c625b8164b6f01fe7f78:active , .ud35a09cce628c625b8164b6f01fe7f78:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud35a09cce628c625b8164b6f01fe7f78 .centered-text-area { width: 100%; position: relative ; } .ud35a09cce628c625b8164b6f01fe7f78 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud35a09cce628c625b8164b6f01fe7f78 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud35a09cce628c625b8164b6f01fe7f78 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud35a09cce628c625b8164b6f01fe7f78:hover .ctaButton { background-color: #34495E!important; } .ud35a09cce628c625b8164b6f01fe7f78 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud35a09cce628c625b8164b6f01fe7f78 .ud35a09cce628c625b8164b6f01fe7f78-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud35a09cce628c625b8164b6f01fe7f78:after { content: ""; display: block; clear: both; } READ: Arnold Mesches (203 words) EssayThe developments and progresses pediatric physical therapy has been making over the past decade have been astonishing. These developments are clearly seen throughout the doctors within their care for patients and change of techniques. Patients are also changing with time, as their pain tolerance is becoming higher, thanks to the new techniques and technology. Technology has been the biggest game changer in the past century. With the new advancements coming out every day, there is a higher success rate within the patient’s recovery process as well as impressive success within pediatric physical therapist’s careers. Pediatric phy sical therapy is continuing to change and always will. The past in this field of medicine has shown that the future will hold only great things.

Sunday, November 24, 2019

A Needle Exchange Controversy essays

A Needle Exchange Controversy essays Needle Exchange Programs: The Best Solution? The United States of America has been contending with adverse social and economic effects of the drug abuse, namely of heroin, since the foundation of this country. Our initial attempt to outlaw heroin with the Harrison Narcotic Act of 1914 resulted in the U.S. having the worst heroin problem in the world (Tooley 540). Although the legislative actions regarding heroin hitherto produced ominous results that rarely affected any individuals other than the addict and his or her family, the late twentieth century brings rise to the ever-infringing AIDS epidemic in conjunction with heroin abuse. The distribution of clean needles to intravenous (IV) drug users is being encouraged in an attempt to prevent the transmission of human immunodeficiency virus (HIV) from sharing "contaminated needles" (Glantz 1077). It is the contention of this paper to advocate the establishment and support of needle exchange programs for intravenous drug users because such programs reduce the spread of HIV and d o not cause an increase of drug use. This can be justified simply by examining the towering evidence that undoubtedly supports needle exchange programs and the effectiveness of their main objective to prevent the spread of the HIV. Countries around the world have come to realize that prohibiting the availability of clean needles will not prevent IV drug use; it will only prevent safe IV drug use (Glantz 1078). Understanding that IV drug use is an inescapable aspect of almost every modern society, Europeans have been taking advantage of needle exchange programs in Amsterdam since the early 1980's (Fuller 9). Established in 1988, Spain's first needle exchange program has since been joined by 59 additional programs to advocate the use of clean injection equipment (Menoyo 410) in an attempt to slow the spread of HIV. Several needle exchange programs sponsored by religious organizations in Australia have "reporte...

Thursday, November 21, 2019

Causes and Effects of Air Pollution Essay Example | Topics and Well Written Essays - 250 words

Causes and Effects of Air Pollution - Essay Example This paper illustrates that natural pollutants include volcanic eruptions, forest fires, wind erosion, natural radioactivity, and organic compounds evaporation, dispersal of pollen and wind erosion. Although these natural events have proved to cause a measure of air pollution, their frequency is very low. The main sources of air pollution are human activities. Industries are among the leading sources of air pollutants of numerous gases such as carbon monoxide, sulfur dioxide, and nitrogen dioxide. Other pollutants from industries are organic compounds, especially from petroleum refineries. The burning of fossil fuels in different locomotives is an additional cause of air pollutants with the increasing reliance on vehicles, trains, and motorcycles. These pollutants include gases such as carbon monoxide, nitrogen oxides, hydrocarbons, and particulates. Household and farming chemicals form the third source of air pollutants. These pollutants emanate from activities such as fumigating ho mes, dusting crops, and pesticide spraying. Air pollution has multiple detrimental effects on the environment and humans. Gases such as sulfur dioxide and oxides of nitrogen usually mix with rainwater forming the acid that destroys vegetation and pollutes water. Moreover, some pollutants find their way into the soil through rain and cause eutrophication. Other pollutants have led to the formation of ground-level ozone that has affected people’s health adversely. Air pollution also involves particulate matter such as lead and presents multiple effects. Such particulate matter may cause respiratory disorders and long-term effects such as cancer, heart disease, and kidney disorders.