Friday, December 27, 2019

Essay about Alzheimer’s Disease - 1159 Words

Alzheimer’s Association (2010) explains that Alzheimer’s disease is a brain’s disease which affects the way people think, remember and behave. Finally, people living with Alzheimer’s do not know themselves; do not able to perform everyday activities, which means that they always have to be under control. All of these are caused by improper function of the brain. This disease leads to the death. Nowadays, the 7th cause of death in United States of America is Alzheimer’s disease. There is no method of curing yet, but it was proved that life of people living with the disease and caregivers can become better if good care and aid are provided during the whole period of the illness (Alzheimer’s Association, 2010). It†¦show more content†¦For instance, if paid care is decreased it means that amount of unpaid care from caregiver will increase. Likewise, if a person living with Alzheimer’s disease is more provided with formal care it will reduce informal care of caregivers (Montgomery and Kosloski, 2009, 56). According to Alzheimer’s Association (2010) seventy percent of total number of people living with Alzheimer’s disease are not institutionalized which means that they are provided with care of caregivers. Montgomery and Kosloski (2009, 47-48) claimed that caregivers must be provided with aid in order not to stop looking after people living with Alzheimer’s disease. It is apparent that caring necessitate much time, which can have effect on a caregiver’s personal life (job, relationship with friends and etc.). Providing caregivers with help required much effort and it is not an easy task. Many interventions have not taken into account that every caregiver is unique. Different services such as ‘educational programs, counseling, support groups, and respite services’ have been used (ibid,47). However, many caregivers refuse the supports, but the amount which was achieved i n supporting services is considered to be useful for caregivers. Many support providers complain that caregivers do not use the services very much, because they think that they are not beneficial. This can applyShow MoreRelatedAlzheimers Disease945 Words   |  4 PagesAlzheimer’s Disease Alzheimer’s Disease is a progressive neurological disease; it often attacks the brain tissues causing memory loss of one’s identity and regular behaviors. Statistics indicates that the rate of predicted people to get Alzheimer’s will increase briskly as time goes on. There are currently no cures for such disastrous disease, but there are currently approved treatments available that can help people within the early stages of Alzheimer’s. Once the disease is too far alongRead MoreAlzheimers Disease3170 Words   |  13 PagesThe Role of Caregiving to Patients with Alzheimer’s Disease Megan Zann April 27, 2012 Health Psychology Dr. Ackerman Introduction It is normal to periodically forget your keys or a homework assignment, because you generally remember these things later. However, individuals who suffer from Alzheimer’s disease may forget things more often, but they do not remember them again. The incidence of Alzheimer’s disease has dramatically increased because people are living longer. This is a result ofRead MoreEssay on Alzheimers Disease1503 Words   |  7 Pagesâ€Å"Alzheimer’s disease is a form of dementia that gets worse over time. It leads to nerve cell death, and tissue loss throughout the brain. Over time, the brain shrinks dramatically, affecting nearly all its functions. It gradually destroys a persons memory and ability to learn and carry out daily activities such as talking, eating, and going to the bathroom† (What Is Alzheimer’s). Early symptoms include personality changes, memory impairment, problems with language, decision-making ability, judgmentRead MoreAlzheimers Dis ease Essay2414 Words   |  10 PagesAlzheimers Disease Alzheimer’s disease is the disease of the century. This disease is affecting many lives, families, and caregivers. This research presented is to help educate on the topic of Alzheimer’s disease, which many people aren’t aware enough about. Statistics are given to show how extreme this disease is, and how many people it’s affecting in society. Also statistics are presented that give the amount of money being spent relating to Alzheimer’s disease. This research explainsRead MoreAlzheimer’s Disease Essay2544 Words   |  11 PagesAlzheimer’s disease defined: Alzheimer’s disease (AD) is a progressive, terminal, degenerative brain disease. It is the fourth leading cause of death in adults and currently affects over four million people in the United States. This number is expected to increase over the next several years as the baby boomers age, until it reaches fourteen million by the year 2025. Alzheimer disease generally occurs in people over seventy five years of age; however it does strike people in their forties, fiftiesRead MoreEssay on Alzheimers Disease2405 Words   |  10 PagesAlzheimers Disease is a condition that affects 50% of the population over the age of eighty five, which equals four million Americans each year. It is becoming an important and high-profile issue in todays society for everyone. There are rapid advancements being made in the fight against this disease now more than ever, and the purpose of this essay is to educate the public on the background as well as the new discoveries. There are many new drugs that are being tested and studied every day whichRead MoreEssay on Alzheimers Disease813 Words   |  4 Pagesï » ¿Topic: Alzheimer’s Disease Specific Purpose: To help my audience understand what Alzheimer’s Disease is. Thesis Statement: The need to educate people on Alzheimer’s Disease for family members or friends in-case a loved one is diagnosed. Introduction: A. What would one do if their family member or friend knew of someone who was diagnosed with Alzheimer’s Disease? What would they do to help or take care of this family member? Well, I work in a nursing home with the elderly with this diseaseRead MoreAlzheimers Disease Essay2168 Words   |  9 PagesAlzheimer’s disease or AD is an incurable disorder of the brain that results in loss of normal brain structure and function. In an AD brain, normal brain tissue is slowly replaced by structures called plaques and neurofibrillary tangles. The plaques represent a naturally occurring sticky protein called beta amyloid and in an Alzheimer’s brain, sufferer’s tend to accumulate too much of this protein. Neurofibrillary tangles represent collapsed tau proteins which, in a normal brain along with microtubulesRead MoreEssay on Alzheimers Disease 512 Words   |  3 Pagesmajor medical advancements like the world has never seen before, some diseases still continue t o plague the human race and confuse even some of the brightest scientists today. Unfortunately, Alzheimer Disease (AD) is one of them and it affects between 2.4 and 4.5 million people in America. Alzheimer’s is usually diagnosed in people over the age of 65, but in rarer cases people as young as 16 have it. Since it is a degenerative disease, patients develop it with few symptoms at an earlier stage, but thenRead More Alzheimer’s Disease Essay1176 Words   |  5 PagesAlzheimer’s Disease Alzheimer’s Disease is a disease of the future. With the growing aged population, this disease, which affects primarily the elderly, will become of increasing relevance to the medical profession. Also, the high frequency of Alzheimer’s, and the high cost in labor, money, and material of caring for its victims shall put considerable burden on the society as a whole. Here, however, these issues are not going to be debated. Instead the pathology of Alzheimer’s will be reviewed

Thursday, December 19, 2019

Essay on Epitome of Enlightenment - 1232 Words

The Enlightenment, rooted in late 17th century European philosophy, was based on the concept of applying scientific principles of logic and reasoning to all endeavors of life. Having become established in America by the mid-18th century, Enlightenment principles were practiced by many of the most notable â€Å"fathers† of the American Revolution. The American Declaration of Independence, written in 1776 is one of the most significant examples of a document whose writing was motivated by enlightenment principles. (http://dogofletters.wordpress.com). It proposed some basic principles of how the authors believed humanity should be treated by a government and proscribed governmental actions they found reprehensible; therefore, it would not be wrong†¦show more content†¦This document played the role of political propaganda statement to help create support for American independence overseas in countries like France and Spain. It also, in detailing the abuses of the British and elaborating the Enlightenment ideals of life, liberty and pursuit of happiness for all citizens, was the fundamental document of the Revolution, and laid the groundwork for the development of the United States Constitution. (Batten, 2010, pp 388). The term epitome of enlightenment means the source of critical ideas or thoughts, such as the prevalence of democracy and freedom, and encompasses the primary values of a people or a society. Considering these factors, it would not be wrong to say that the Declaration of Independence serves as an epitome of enlightenment (http://dogofletters.wordpress.com). The American Declaration of Independence contains 30 grievances against the actions of George III, the British monarch then on the throne. Most of them were legitimate and traditional grievances under British constitutional law. The authors of the document strongly stated that the British monarch had established an absolute tyranny over the colonial states. The authors pointed out that the British were imposing their army on the American colonies and requiring Americans to pay taxes but not giving them representation in the parliament. It also includedShow MoreRelatedThe Enlightment Period in Japan through the Novel Snashiro Essay929 Words   |  4 Pages The Enlightenment Period was all about new ways of thinking about life during the 18th century in Europe. The age of Enlightenment was during a time when society came to a conclusion that life could be improved through modernization. Some philosophers like Rousseu and Wollstonecraft challenged society’s beliefs. Japan however embraced everything it could from Europe. The novel Sanshiro guides us to acknowledge how Japan adopted ideas from the European Enlightenment, modernization, philosophiesRead MoreAnalysis Of Voltaire s Candide 941 Words   |  4 Pagesportrayal of satire towards the Enlightenment. Voltaire uses his book to reflect his own critical view of the time period, mostly against those who were reluctant to change their methods of thinking. Much of this judgment is through the commentary of Pangloss, Candide’s tutor and the Baron’s philosopher, who seems to always have an optimistic view even in the worst situations possible and refuses to see it an y other way; this can be interpreted as a metaphor for the Enlightenment. According to PanglossRead MoreThe French Revolution And The Enlightenment1601 Words   |  7 PagesThe Enlightenment was an extensive intellectual, philosophical, and cultural movement that spread throughout Europe, predominantly England, France and Germany during the 18th century. The Scientific Revolution, which began in the 16th century, gave way to a new and revolutionary way of thinking. It encouraged independent thought, the capacity to ask questions, and a progressive attitude. Additionally, the enlightenment arose during a time when there was absolute monarchy and an extremely powerfulRead MoreTop Ten1569 Words   |  7 PagesTop Ten Assignment The Enlightenment and Romanic Ages produced numerous masterpieces in art, music, architecture, and literature which people still enjoy today. These opus magnums along with the philosophies during the two periods are reflections of the developments in world events and cultural patterns. This paper will present two pieces of art, music, architecture, literature, and philosophy from the Enlightenment and Romanic Ages that best represents the developments patterns from that time. Read MoreEssay on Use of Satire to Attack Optimism in Voltaires Candide1358 Words   |  6 PagesVoltaires Candide       In its time, satire was a powerful tool for political assault on Europes corrupt and deteriorating society. Voltaires Candide uses satire to vibrantly and sarcastically portray optimism, a philosophical view from the Enlightenment used to bury the horrors of 18th century life: superstition, sexually transmitted diseases, aristocracy, the church, tyrannical rulers, civil and religious wars, and the cruel punishment of the innocent. Through the steady adversity facedRead MoreThe Unprecedented Success Of Revolution1594 Words   |  7 Pagesdistribution of rights have often been the case in history when revolution is non-present. And only through revolutions such as the Enlightenment, Industrial, French, American, and Haitian Revolutions, has the world become as comfortable and fair as it is today. Though having its roots and stems in the Scientific Revolution and Italian Renaissance, the Enlightenment is undeniably an imperative revolution as it led the way for other major revolutions to take place through its sprawling intellectualRead MoreJohann Wolfgang von Goethe and Faust Essay1029 Words   |  5 Pagesthe Enlightenment Age; Goethe’s poetry debates on the far-reaching theory, that man is willing to go above and beyond to achieve his goals. According to Adina Bodrogean, â€Å"Enlightenment meant in the English literature a disruption from the previous trends in the literature and cultural philosophy, stand point and ideas. The new spirit of the age was the strong belief in light and culture as the only means of influencing the nature of man.†(Bodrogean). Faust himself represents the Enlightenment; inRead MoreSociology as a Science Essay1149 Words   |  5 Pagesintense cultural, social and economic changes. As people began to try to understand these changes, there came a period called the Enlightenment. This is also considered by Hamilton (1992) to be a â€Å"time characterised by the development of distinctively modern forms of thought about society and the realm of the social.† The Enlightenment encouraged a new way of thinking marked by application of reason, experience and experiment to the natural and social world. SociologistsRead MoreRousseau s Views On Inequality And Origin Of Languages1513 Words   |  7 Pagesis also clear and is under appreciated in Mary Shelley’s Frankenstein. In an article, The Monstrosity of Representation, author Christian Bok has seemed to share similar interests as mine. He has connected Frankenstein to the eighteenth century Enlightenment period by connecting both Locke and Rousseau to the creation of Victor Frankenstein’s creature. Bok stated that, â€Å"Mary Shelley, dramatizes a crisis not only of biological reproduction, but also of tropological reproduction, in that the text replicatesRead MoreEssay about Early Modern Jewish History1399 Words   |  6 Pageswhat it would become. An important part of the history were the ideologies and philosophies of Moses Mendelssohn. Considered the first modern Jewish philosopher and a shaper of Judaism, Mendelssohn was the start of what would become the Jewish Enlightenment. Being the first person to translate the Bible from Hebrew to German, he opened up the door for Jews to rediscover and enhance their knowledge. A writer and philosopher, several of Mendelssohns writings were highly successful and considered a

Wednesday, December 11, 2019

Business as a General Partnership Independent Market

Question: Discuss about a Report on Business as a general partnership or as a limited liability company and Differenciate between an employee and an independent contractor? Answer: Introduction (Aim Of The Report) Three friends want to start a new business. So, in this case, they required understanding the meaning of different kind of organisational setups. This paper finds the advantage as well as the disadvantage of different kind of corporations like the general partnership or a limited liability company. Both of these organisational setups look similar but different from each other in regards to the liability of members and structural framework. For a small business set up general partnership and limited liability Company both are helpful. To start a new small business, three friends need to understand the advantages and disadvantages of both this setup and then they can decide the about their future business plan. This paper defines the terms and major characteristics of the two form of incorporation. Analysis General partnership: The general partnership means an organisation that has no distinct legal personality other than its members. The members of a partnership firm are jointly liable for the action of each other within the ambit of the partnership agreement. General partnership initiated by a general agreement between the partners. The partnership agreement is important in al aspect. This is the main instrument that administers the factors in a partnership firm. If the agreement has not determined the rights and liability, the Partnership Act will take into consideration. In case of unincorporated partnership firm, no registration is required to start up any business. This is the simplest form of business to star up any new business. Consumer and legal aspect denote this setup as the basic formation of any business set up (Cahn and Donald, 2010). The general partnership has certain special features. It starts with a partnership agreement. There can be two or more partners in a partnership firm. All of these members are denoted as partners who are jointly liable for the act with the scope of the partnership. In this connection, we have to mention that partnership firm and its members are not distinct from each other. If any act done in the name of the partnership firm, all the partners are equally liable for that. On the other hand, if any partner commits any act, the other partners will also liable for that connection. But the partners or the firm will not be liable for the personal debts of the partners. The partners are the agent of the firm. The entire partner in common will be held legally responsible for any act or omission by the partnership firm. All partners enjoy the right according to their shares. The Limited Liability Partnerships Act 2000will apply in this situation and this Act identifies the concept distinct legal personality concept. But in general, unincorporated partnership, the separate legal entity concept is not available. At the time of debt related liability, the partners will be liable according to their shares. Limited Liability Company: The limited liability Company is a corporation set up like a private limited company. It is a legal form of company that provides limited legal liability to its owners. This is a compound version of a company, single proprietorships or partnership. The main features of this kind of business setup include the limited liability to its creators. The legal accountability is restricted because it has the separate legal entity. For small business setups and single owners, these kind of organisational setup is appropriate. This is flexible that a company (Mancuso, 1999). If we talk about the context of UK, it looks like a form of limited liability partnership. The limited liability is a body corporate that can sue or be sued in its corporate name. The members or owners are not personally liable for the act of the corporation because it enjoys the separate legal entity concept. But the main feature is that it needs to register in the appropriate manner as prescribed under the law. But the member can be sued or held liable if they act beyond their authority (Mancuso, 1998). The separate legal entity concept provides the limited liability protection to its proprietors. If the Company act anything within the ambit of companys limited arena, the members or owner will not liable personally for the act. For the debt or other financial issues also the members will not personally liable. The other members are also not liable for the act done by any other members. It has to be registered by its corporate name and uses the seal or all it activity. The LLC paid tax by it on the name and registered ID. The chief characteristic of a Limited Liability Company shared with commerce islimited responsibility, and the fundamental characteristic it shares with a corporation is the convenience ofcrossincome taxation. Advice Prior to set up a new business set the three friends need to understand the difference between these two above mentioned formations. A partnership includes two or more persons who share possession and legal responsibilities in a trade. A partnership firm does not contain a legal individuality detach from the proprietors of the industry. On the other hand, a limited liability company unites the outfitted flexibility of the partnership with the individual property fortification that comes with working business. An LLC has a lawful continuation distinct from its proprietor (Morera Balcells, 2015). Partnership firm structures mechanically at the time when two or more than two persons make a decision to go into trade jointly. General Partnerships are not obelised to file credentials with the state to begin the business. On the other hand, In case of LLC it required to fulfil all the relevant registration procedure in this regard. In case of owners, LLC may have a single owner but in case of a partnership, it requires at least two members. In case of liability, this two organisational setups are very different from each other. The partnership firms have to separate identity. The members are liable for the act of partnership firms. On the other hand, LLC has the separate legal identity. So, the members are not liable personally for the debt and other circumstances in the company. The partners in a partnership firm administer the day to day affairs of the firm as prescribed in the partnership agreement (Morse, 2001). In case of LLC, the members may control or administer the matters or appoint people on their behalf to take the required action. A partnership Firm may be dissolved if partners make a decision to sell or dissolve their possession and interest in the firm. If a partner dies, then also it can come to an end. Alternatively, an LLC possibly will have a limitless life; if not a specific closure date is s cheduled in the article of the corporation. Characteristically, a buy-sell contract will permit an associate to buy out other associates portions that make a decision to sell out his portion of interest in the business (Shenkman, Weiner and Taback, 1996). Conclusion According to my opinion, three friends need to understand the basic characterises of the two formations. Both of this formation is appropriate for the small business enterprises. To start with a new corporation, the partnership is the very appropriate business it does not require any registration procedure. It can dissolves any time by the use of the partners. For small business enterprises, it is the basic criteria. But the partners are liable in every circumstance. On the other hand, if they form LLC it may require the registration procedures but provide the limited liability protection. The member may not be personally liable for the act of other members or the corporation as a whole. So in this regards both this form is appropriate, it need to introduce according to priority. Difference between an employee and an independent contractor: Introduction (Aim Of The Report) There are certain distinct differences between an independent contractor and an employee in any organization. Understanding the differences between an independent contractor and an employee is very important. This is important because both these forms of employment impose different kinds of liability on the employer. The responsibilities and forms of actions depend on the difference between the two contractual natures. Not only the liabilities, but also the privileges too differ with the difference in the two forms. Hence, it can be said that for every company it is very essential to understand the difference between the nature of an independent contractor and an employee so that the rights and liabilities in every matter can be kept compartmentalized into water shed partitions. Analysis, Main Body The express dissimilarities between an independent contractor and an employee is very essential to be understood not only to give a proper skeleton to the legal implications, but also to hold back income tax regulations, communal securities and the charges over Medicare facilities etc. Though there is no crisp definition of the expression independent contractor, yet it can be said that an independent contractor is one upon whom the manager exercises his control in such a way that the consequences of the service is managed by him but in no way does he exercise control over the technique of completing the service (Nannicini, 2006). As per the control test, a self governing contractor is one who carries on his own business. An independent contractor can be any person ranging from a sole proprietor or a person owning a business under limited liability, any other business house or any other corporation. An independent contractor is generally capable of making his own business earn profits by running his business under the governance of another person to whom he serves. It is also to be noted that an independent contractor is typically not supposed to earn any benefits under the employers insurance schemes or other benefits like maternity leaves. On the other hand, he is supposed to pay his own taxes from his profits earned (Tarantolo, 2006). This control test is the traditional test which is used to establish the nature of a relationship. The test had its origin in the concept of vicarious liability that arose in tort. The test mandates that in order to examine the relationship between an employer and his employee , the one that plays a crucial role to come to a conclusion is the fact that who exerts control over whom? If the employer exercises total control over all the affairs of the employee while he is under the scheme of employment, then undoubtedly, it can be said that the relationship is that of an employer and the employee and not that of an independent contractor. This test was successfully applied by the courts in the cases of Stevenson and Ors. v MacDonald (Stevenson and Ors. v MacDonald and Evans, [1952]) and Evans and Yewens v Noakes (Yewens v Noakes, [1881]). There are certain inadequacies of this test and in order to overcome those inadequacies, the organization test was established. The organization test will be looked at now. Usually, an employee is that individual who works for a company in its production process and earns remuneration for it. The employer exercises his control over the employee and also gives direction regarding the way in which the work is to be done. An employee is said to be that person who acts under the obligations that are imposed on him under the employment scheme of the company. The employee remains bound on the terms of the employment and effectively works for a single company at one point of time. It is also to be noted in the relationship between an employee and the employer that the privilege to end the employment of the employee solely rests in the hands of the employer and all the requirements to carry on the employment effectively are managed by the employee himself. On the other hand, in the case of an independent contractor, there is no specific relationship between the employer and the employee and the contractual obligation can be carried on with them in any way allowed and accepted under the law. The contractual relation between the independent contractor and the employee is totally governed by the articles of association. Also, in employer-employee relationship, the working hours are specified and generally there is no scope of part-time working. On the other hand, an independent contractor can work in any way that he pleases. The only requirement is that the work must be finished off in time. Moreover, a manager or an employer remains legally bound for the acts done by the employee. On the other hand, no such liability for either negligence or wrongful conduct befalls an employer for the acts done by an independent contractor (Studer, 2005). This test was expressly used by the courts to come to a conclusion in the cases of Addison v London Philharmonic Orchestra (Addison v London Philharmonic Orchestra, [1981]) and Hillyer v Governors of St Bartholomews Hospital (Hillyer v Governors of St Bartholom ews Hospital, [1909]). There are also multiple tests that determine the differences between an independent contractor and an employee. This test was for the first time seen in the case of Ready Mixed Concrete (South East) Ltd v Minister for Pensions and National Insurance (Ready Mixed Concrete (South East) Ltd v Minister for Pensions and National Insurance, [1968]). It was decoded and provided in this case that the determining factors to differentiate an employment from an independent contractor are to understand whether the worker or the employee pays his own taxes and claims for the insurance contracts (Fishman, 1997). Moreover, if holiday pays are given, then, it shall be a employer employee relationship. There should be no bridging the gaps between the employer and the employee and there should be no concealing facts between them. This criterion is not there in case of a contractor (Fishman, 2008). This is because a contractor is supposed to deal with a specific project and once that project comes to a n end, there remains no contractual obligation. Hence, the determining factor in this case is that in en employment. The relationship is very clear like water while in independent contractor, there may be various concealments. Ackner LJ submitted that there is a list of exhaustive factors to be taken into account before determining the relationship between an employer with his employee and an employer with an independent contractor. These are whether remuneration was received by them in the course of employment or not. Also whether performance was done under the proper exercise of control y the company is yet another question to be taken into consideration. Whether clothing and equipment is provided by the company or not is yet another determining factor in case of the relationship. Conclusion In conclusion, we can say that an employee works for a single employer at a single time frame while an independent contractor works for several managers in different time periods. The working hours are specified in case of an employee while they are not so in case of independent contractors. An employee may be terminated from his work at the will of the employer by the employer but this cannot be done in case of an independent contractor. The employees are under the protection of the work place while the same protection is not given to the independent contractors. The labor safety laws work for the employees and not for the independent contractors. Though as per the nature of the work, both may look to be very similar, but there are distinct differences between the two and the same can be easily found out if looked into with greater detail. References Addison v London Philharmonic Orchestra[1981]ICR p.261. Banoff, B. (2014). Company Governance Under Florida's New Limited Liability Company Act.SSRN Electronic Journal. Bishop, C. (2014). Desiderata: The Single Member Limited Liability Company Olmstead Charging Order Statutory Lacuna.SSRN Electronic Journal. Blackett-Ord, M. (2011).Partnership law. Haywards Heath: Bloomsbury Professional. Cahn, A. and Donald, D. (2010).Comparative company law. Cambridge: Cambridge University Press. Fishman, S. (1997).Hiring independent contractors. Berkeley: Nolo Press. Fishman, S. (2008).Working with independent contractors. Berkeley, CA: Nolo. Hamilton Hart, J. (1906). A NEW LIMITED LIABILITY COMPANY AND A DISCLAIMER.The Lancet, 168(4346), p.1688. Hillyer v Governors of St Bartholomews Hospital[1909]KB 2, p.820. Mancuso, A. (1998).Form your own limited liability company. Berkeley: Nolo Press. Mancuso, A. (1999).Your limited liability company. Berkeley, CA: Nolo.com. Morera Balcells, X. (2015). Spain Steps Forward to Achieve UK Conditions Incorporating a Limited Liability Company.SSRN Electronic Journal. Morse, G. (2001).Partnership law. London: Blackstone. Nannicini, T. (2006). The Determinants of Contract Length in Temporary Help Employment.Labour, 20(3), pp.453-474. Ready Mixed Concrete (South East) Ltd v Minister for Pensions and National Insurance[1968]QB 2, p.497. Shenkman, M., Weiner, S. and Taback, I. (1996).Starting a limited liability company. New York: J. Wiley. Stevenson and Ors. v MacDonald and Evans[1952]TLR 1, p.1. Studer, Q. (2005). 15 tips on creating a standards-of-behavior contract to encourage employees' best behavior.Employ. Relat. Today, 32(1), pp.11-18. Tarantolo, D. (2006). From Employment to Contract: Section 1981 and Antidiscrimination Law for the Independent Contractor Workforce.The Yale Law Journal, 116(1), p.170. Yewens v Noakes[1881]QBD 6, p.530.

Wednesday, December 4, 2019

Study On Children With Abdominal Pain And Its Rela Essay Example For Students

Study On Children With Abdominal Pain And Its Rela Essay tionship To Mental IllnessBibliography: Hotopf, Matthew, Why Do Children Have Chronic Abdominal Pain, and What Happens to Them When They Grow Up? British Medical Journal, April 1998Topic: Why Do Children Have Chronic Abdominal Pain, and What Happens to Them When They Grow Up?Purpose: The purpose of this study was to evaluate the hypothesis that children who have persistent abdominal pain come from families with high rates of psychiatric disorder, neuroticism and physical illness. The study also analyzed whether these children will suffer from the previously mentioned illnesses in adulthood. Subjects: The study the based on a sample stratified for social class of all singe legitimate births (3637) that occurred in England, Wales, and Scotland in one week of March in 1946. All children born to non-manual workers and agricultural workers were surveyed, while those born to other laborers were sampled in a ratio of 1:4. Controls were defined as survey members who participated in the same waves of data collection during early childhood, but whom either no abdominal pain was reported or it occurred only once or twice. We will write a custom essay on Study On Children With Abdominal Pain And Its Rela specifically for you for only $16.38 $13.9/page Order now Methods:Information was based on hospital admissions of children who suffered from abdominal pain. Persistent abdominal pain was described as abdominal pain that was reported suggesting that the pain was chronic. Hospital records for these children were carefully reviewed by a pediatrician, and those with a defined organic cause of pain that was judged to have been present throughout childhood were excluded from the sample. Parental illness was accessed when the survey members were aged 15. The mother was asked if she or her husband had suffered from illnesses such as asthma, cough, rheumatism in joints, anemia, heart trouble, kidney trouble, and other health complaints. School attendance records of the children were assessed twice during childhood. Teachers were asked to rate whether the childs attendance was below average, or above average. This was done when the child was 13 years of age and again at 15 years of age. The Printer personality inventory was used when the child was 13 years of age to determine the childs personality and behavior in terms of neuroticism and extroversion. Again, the childs teacher was asked to evaluate the child. This time the teacher rated the child in terms of: lying, disobedience, being a disciplinary problem, restlessness, quality of work, and energy level. The standards used to measure these behaviors were below average, average, or above average. Fathers, at 36 years of age, were measured according to their occupation, sex, and social class in 1961 in terms of psychiatric disorder and physical symptoms. A semi-structured psychiatric interview generating levels of severity of psychiatric disorder and self-reported physical symptoms were conducted. Subjects who suffered from inflammatory bowel disease during adulthood were identified. Death records were analyzed to determine if persistent abdominal pain in childhood was related to increased mortality. Results:There were three main findings of the study. Firstly, children whose parents suffered from ill health were more likely to suffer from persistent abdominal pain. Secondly, although persistent abdominal pain in childhood did no predict abdominal pain in adulthood, abdominal pain was modestly associated with other common physical symptoms in adulthood. The study also found persistent abdominal pain in childhood was in indicator of psychiatric disorders in adulthood. At age 7, a fifth of the subjects had suffered abdominal pain; at 11 years it was 19%, and at 15 years it was 17%. Seventy-six of the 3637 children studied had recurrent abdominal pain. Of these, three had pain caused by chronic disease and 73 had persistent pain of unexplained origin. As it relates to the sexes, the children who participated in the study did not exhibit any difference in persistent abdominal pain (odds ratio to girls 0.97; 95%, 0.56 to 1.68). Children whose fathers had manual occupations were more likely to suffer from pain (1.75; to 1.02 to 3.03). The study revealed a connection between pain and parental health complaints, parental ratings of health, maternal nerves, maternal neuroticism, and families who were prone to colds. .u020a45778b4be50f083eed3b6717fa77 , .u020a45778b4be50f083eed3b6717fa77 .postImageUrl , .u020a45778b4be50f083eed3b6717fa77 .centered-text-area { min-height: 80px; position: relative; } .u020a45778b4be50f083eed3b6717fa77 , .u020a45778b4be50f083eed3b6717fa77:hover , .u020a45778b4be50f083eed3b6717fa77:visited , .u020a45778b4be50f083eed3b6717fa77:active { border:0!important; } .u020a45778b4be50f083eed3b6717fa77 .clearfix:after { content: ""; display: table; clear: both; } .u020a45778b4be50f083eed3b6717fa77 { 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; } .u020a45778b4be50f083eed3b6717fa77:active , .u020a45778b4be50f083eed3b6717fa77:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u020a45778b4be50f083eed3b6717fa77 .centered-text-area { width: 100%; position: relative ; } .u020a45778b4be50f083eed3b6717fa77 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u020a45778b4be50f083eed3b6717fa77 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u020a45778b4be50f083eed3b6717fa77 .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; } .u020a45778b4be50f083eed3b6717fa77:hover .ctaButton { background-color: #34495E!important; } .u020a45778b4be50f083eed3b6717fa77 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u020a45778b4be50f083eed3b6717fa77 .u020a45778b4be50f083eed3b6717fa77-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u020a45778b4be50f083eed3b6717fa77:after { content: ""; display: block; clear: both; } READ: Jack London's To Build a Fire: Theme EssayThe survey conducted by teachers showed no relationship between persistent abdominal pain and children who were disobedient, liars, or those with disciplinary problems. Daydreaming in class and having low energy was found to be related to persistent abdominal pain, and children who were more frequently absent from school suffered from abdominal pain during their early years (6-10), but there was no significant increase of school absence when the child was 13 years of age. Psychology Essays

Wednesday, November 27, 2019

Are We Civilized Essays - Democracy, Elections, Cherokee Nation

Are we civilized? We are starting to witness the beginning of a new era. It is full of information and technology, and it will decide how the future is going to be. But despite all our new inventions and ideas that show us how we're better off than the generations before us, have we grown in any other ways? Does being civilized only mean to become more advanced technologically, or does it apply to our moral foundation? It is very obvious that society has developed a lot in learning and technology. Today, we have inventions such as the stealth fighter, the home computer and nuclear powered power plants and naval vessels. Things that were imagined many years back have now become today's reality. Single machines now hold the jobs that used to take hundreds of men to accomplish by hand, so in this sense, we have become more civilized. On the other hand, not all of the inventions that have been developed from the technology world are used to do good deeds. Our great society has allowed the production of many weapons whose sole intention is to create mass destruction and to kill large amounts of life. Many people now live in constant fear of the use of these weapons, while others sit back and enjoy them for protection. We still have as many wars as we did in the past, but now the new technology used in them helps bring about more human casualties. An example of this would be Operation Desert Storm. I was a 23-year-old man, sent off to fight for the liberation of Kuwait and to kick the crap out of a bully named Saddam Hussein. I was the crewchief on an UH-60 Blackhawk helicopter assigned to the 1st Cavalry Division from Ft. Hood, TX. From the time the air war started to the 100 hours of hell we threw at the Iraqi Army, it was never more evident the role that technology played in decimating an enemy and b! reaking his will to win and survive. The pictures that my young eyes saw will forever be burned into memory. Technology was a teacher of pain and suffering, but it was also a savior in helping bring home the lives of many young men who might of not come back in previous wars. Besides the wars, society really has yet to understand other people. Prejudice is alive and burning in the hearts of many throughout our society. Many hate groups are still around today, as they were hundreds of years ago, and many new groups are starting to form and become active. Oklahoma City felt the wrath of some very passionate people who were trying to avenge the loss of comrades to the Federal Government. Many innocent people were killed, and it all boils down to beliefs and ideas. Racism still has its hand around the throats of many in our society as well. It seems that some of the worst racists in our society are the ones who say they're not racist, but on the inside they really are. These are the people who say they're not racist, but they don't hire the East Indian employee who was the most qualified of the candidates. They coach the all white basketball team. They fight over the red and blue colors of bandannas worn around their heads. The worst part is, it d! oesn't even phase them when they are doing it. In the past when our country was just starting to be formed, there were many prejudices just because people were different. Now over a century later, people haven't changed much, which makes me wonder if we really have become civilized yet. Democracy is also something that has played a big part in our journey to become civilized. A democracy in my words is where the people who choose to live under it run the government. And to have a true democracy, everyone must vote! People vote to exercise their democratic rights. If only 70% vote, then 70% control 100% of the government. Voting without adequate understanding and choosing candidates for the wrong reasons are symptoms of voting for the sake of voting and not taking an active interest

Sunday, November 24, 2019

Essay on Human Rights Essays

Essay on Human Rights Essays Essay on Human Rights Essay Essay on Human Rights Essay India INDIAN CRIMINAL DEFENSE MANUAL The Role And Responsibility of a Legal Aid Lawyer Rights of the Accused and Exceptional Circumstances Client Interview Other Pretrial Matters Theory of the Case Various Defense Strategies Questioning the Witness Plea Bargaining/Guilty Plea Evidence Arguments CODES The Code of Criminal Procedure The Constitution of India The Indian Evidence Act, 1872 The Indian Penal Code, 1860 LEGAL RESOURCES Lawyer-Client Relationship India Country Summary Card Rights of the Accused Around the World Important Case Law regarding Defendants Rights in India LEGAL TRAINING RESOURCE CENTER eLearning Courses for Indian lawyers Background India has one of the worlds largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses. Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes. These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception. Recently, India has demonstrated an increased commitment to rule of law and citizens’ legal rights. Because of police abuses during interrogation, Article 22 of the Indian Constitution was added to prevent police from detaining citizens for longer than 24 hours without a special order from a magistrate. Though domestic law grants this fundamental legal right, there remains a tremendous gulf between the actual law and its implementation. Police officers regularly detain suspects for several days, post-dating arrest documents 24-hours before producing the defendant before the magistrate. Similarly, pretrial detainees are routinely denied due process rights taken for granted in the western world: notice of charges and an opportunity to contact family or lawyers. In many cases these prisoners – poor and marginally literate – are completely unaware they have any legal rights at all, further emboldening police officers. NGOs have been successful in lobbying Indian authorities to criminalize torture, organizing public awareness campaigns on the issue of torture and aiding the rehabilitation of torture victims. However, systematic police denial, obstruction, an absence of records and a lack of accountability continues to plague the system. Despite the fact that India has a limited legal aid system, the vast majority of pre-trial detainees never receive any legal representation, making this right illusory at best. Indias current legal aid system operates primarily in urban areas, and due to caste segregation many Indians do not receive access to legal aid at all. Each of Indias 28 states operates its own Legal Services Authority, resulting in an uncoordinated approach to Indias legal aid problems. Type of System A former British colony, India has a criminal justice system heavily influenced by the English common law system. There are, however, significant differences. For instance, India banned the use of jury trials in 1960. Sources of Defendants Rights Defendants rights are protected by the Constitution of India, the Criminal Procedure Code of 1973 and the Indian Evidence Act of 1872 which governs a suspects rights prior to trial. In addition, defendants rights are established by case law by regional and national courts. By law, Indian defendants retain a significant number of rights including the right to counsel[1], the right to silence [2], the right to a fair trial[3], the right to confront witnesses[4] and the right to a speedy trial[5] Defendants Rights Pre-Trial The arrest of a defendant must be made if a reasonable complaint has been made or credible information received or a reasonable suspicion exists that an individual committed a crime[6]. Police may conduct a search upon probable cause and the issuance of a search warrant. A defendant may be detained pending trial. For bailable offenses a Magistrate must notify the accused of his right to bail and prescribe the amount of bail. The defendant has the right to identify an individual to be informed of his or her arrest. [7]. An arrestee has the right to demand an Inspection Memo for documenting any injuries incurred during or after arrest and has the right to a medical examination every 48 hours. A defendant has the right to meet a lawyer during interrogation though not throughout the entire duration of the interrogation. Defendants in police custody must be produced before a Magistrate within 24 hours of arrest. [8] The right to counsel applies to all custodial interrogations as well as critical stages of the proceedings including post-indictment interrogations, arraignments, gulity pleas and trials. [9] Trial A defendant has the right to a fair trial in open court [10] as well as the right to confront witnesses [11]. Jury trials were abandoned in 1960 and all trials occur with the judge sitting as finder of both law and fact. Confessions to police are inadmissible as evidence. Confessions may be admissible if made to a Magistrate and only if the Magistrate examines the circumstances of the confession for possible police coercion or intimidation[12] Post-Conviction The Constitution of India prohibits an individual from being prosecuted and punished form the same offence more than once. [13] The Criminal Procedure Code states that every individual convicted in High Court may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or Additional Sessions Judge or a trial in any other court in which the sentence of imprisonment is more than seven years may appeal to the High Court. The defendant must show that a miscarriage of justice jeapardized the fundamental fairness of the trial in order to secure reversal. [14] The Indian Supreme Court may enforce Constitution rights by Habeas corpus, mandamus, prohibition, quo warranto and certiorari [15] See Criminal Justice Systems Around the World QUICK FACTS There are 26,752,193 pending cases in Indian courts. In some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. References ^ Constitution of India, Art. 22(1) ^ Constitution of India, Art. 20(3) Constitution of India, Art. 14 ^ India Evidence Act, Section 138 ^ Hussainara Khatoon Ors. V. Home Secretary, Bihar, Patna, (1980) I SCC 98 ^ Criminal Procedure Code, Sect. 41 ^ Criminal Procedure Code, Section 50A ^ Constitution of India, Article 22(2) ^ State of M. P. v. Shobharam, AIR 1966 SC 1910: (1966) Cri LJ 1521 ^ Criminal Procedure Code Sec. 327 ^ Indian Evidence Act Sec. 138 ^ Criminal Procedure Code, Sect. 164. ^ C onstitution of India, Art. 20(2). ^ For a full list of appealable issues see Criminal Procedure Code, 1973, Sections 460-466. ^ Constitution of India, Art. 32(2

Thursday, November 21, 2019

The decisions made by the Bush administration, for the first time in Essay

The decisions made by the Bush administration, for the first time in American history, approving extraordinary procedures of investigation, questioning, and punishment to use in the War on Terror - Essay Example A UN panel formed on November 2004, defined terrorism as any act aimed to cause bodily harm to civilians for compelling the government to do any act (Allen). Even though America declared war against terror after the September 11 attacks, it conducted anti terrorist operations since the early 1990’s. From this period the US Government was operating anti terror programmes. One such programme was forcible capturing or seizing suspected terrorists from foreign countries and transferring them to a 3rd country. This programme came to be known as Extraordinary rendition. It was expanded by the Bush administration after the 2001 attacks. Latest records reveal that up to 1245 flights have been operated for transporting terror suspects from undisclosed locations to detention centers operated by CIA also called as Black sites. This action by the US government has created tensions between its European allies, namely the Council of Europe, Congressional committees and Human rights organizations. They have questioned the legality of the programme even though forgetting the ill effects of terror attacks suffered by US and many other foreign countries. This programme of Extraordinary rendition was formed after the 1993 attacks on US. It was a way for the CIA for keeping the terror suspects out from the American court system because they feared that the intelligence system could be jeopardized. This programme got approval from the Presidential Decision Directive 39 issued by President Bill Clinton. This directive gave suggestions regarding procedures to be used for forcible abduction of terrorists without the permission of the host governments. Actually this act was a blatant encroachment against the sovereignty of other nations on the grounds of fight against terror. This programme was extensively used after the September 11 attacks by the US government. The programme of Extraordinary rendition was promoted first by Richard