A Bergerian Reading and Chris “Ludacris” Bridges

The whole of our existence is shaped by our experiences – the various situations that we find ourselves in. Parts of our experiences are influenced by what we see, and what we see takes us to new levels of experiences that allow us to situate ourselves in thoughts or visions represented by what we virtually perceive.Interpretations of visual texts, such as works of art, therefore are based on our perceptions and points of view, consequently leading to subjectivity despite the conventional meanings embedded within these works of art by the artist.Under these pretexts, various works of art, borne out of the social events, situations, or landscapes in the past, become subjects of mystification. Such are the views or perspectives of John Berger on art, particularly on Franz Hals’ portraits, the â€Å"Regents of the Old Men’s Alms House† and the â€Å"Regentesses of the Old Men’s House† (1580-1666) – that the social construct from which the se works were created are mystified because of its incongruity to modern times.Berger, a seasoned art critique, presented a complex yet analytical perspective on the works of Hals, focusing on their being representative of history and how they are inevitably mystified not only by our perspectives as inhabitants of the modern day world but also Hals’, in his own words, oversimplification of what the portraits truly imply.Moreover, because of Berger’s analysis and personal critiques on the work of Hals, we as viewers of the visual text, begin to understand that the portraits are not merely images that represent superficial artistic and social elements such as unity and harmony, the ideas formed from observing facial expressions, gestures, and such.Furthermore, Hals’ works of art are snapshots of the social and economic situations that the artist, the regents and the regentesses found themselves in.The portraits seem to capture the kind of relationship that exists between the artist and the subjects of art, expressing something more – a drama that represents a historical landscape that is shared by Hals and his subjects within a social environment that was illuminated and solidified by large gaps among social groups or classes – brought to life by Hals’ artistry and ingà ©nue in translating emotions and perspectives to visual arts.The analytical perspectives of Berger as explored in his interpretations of Hals’ portraits shall be utilized to describe the messages or arguments evident in a portrait taken of the actor/rapper Chris â€Å"Ludacris† Bridges. In order to do so, it is highly significant to go over Berger’s perceptions or points of view on viewing art, particularly of Hals’ portraits, by creating a framework from which the visual analysis of the Ludacris’ portrait shall be based on.According to Berger, the act of viewing pieces of art may be done in various ways depending on: a ) one’s perspective, b) the artists’ perspective, c) other people’s perspectives, d) the social, economic, or political situations within which the piece of art was conceptualized, and e) the present social, economic, or political situations completing a shared link between the past and the present.Moreover, Berger stressed that it is equally important that in order to understand the genuine sense or value of pieces of art, that viewers look or interpret them beyond their personal perspectives and the pictorial nature of the portrait.Viewing art should not adhere to convention of perspectives that was existent during the Renaissance because it limits the span of pieces of art to convey deeper and comprehensive meanings. The convention of perspectives isolates what the viewer might all-inclusively learn cognitively, emotionally or psychologically, socially, spiritually and such.Therefore, reading or interpreting visual texts should be a combination of one’ s perspectives as they relate to the artists’ and other people’s perspectives, and the connections between the social, economic, and political situations from past to present. Human beings should also be aware that they are represented by and connected to art, as art is also able to view the viewer because of shared visual perspectives.The key to analyzing Ludacris’ portrait is to view it radically, if we are to align ourselves with Berger’s ideologies and perspectives. Ludacris’ portrait, being an image intended to represent remarkable style to signify celebrity-like success, borders on deception and absurdity.The explicit message that the artist photographer Robert Maxwell intended to express was associated with the vision of Moà «t & Chandon; and that is, how adapting elegant, stylish, and distinctive fashion may be translated to remarkableness and success in the limelight that are consequently significant causes for celebration This argument i s solidified by the nature of the camera – a narrow and limited perspective of things and situations – utilized by Maxwell in order to represent a specific idea or though restricted by the visualizations or representations of Moà «t & Chandon, an well-known international producer of champagne that embodies conceptions of â€Å"splendour, pleasure, and prestige.† (Moà «t & Chandon)

Changing Families Essay

Changing Families in Society James S. Hunter III OMM 612 Dr. David Jung April 21, 2013 By watching television one would think that the family is made up of one man, one woman, children and possibly pets. The family has changed over the years from before today we have a much more unique family life than twenty five or fifty years ago. Society has become more acceptable to change and have accepted the not so normal or traditional family way. As many things with time comes change. The family has evolved and is comprised of many mechanisms that are different from the past. There are new roles such as multiple incomes from the man and woman, families with partners that are the same gender, couples that are not married but living together, blended families and divorced parents. These are just a few of the many changes the family has gone through in the last two or five decades. Many years ago, woman would have not been the main source of income or even working. Cohabitation of couples that are not married living together and especially same sex partners raising kids. Whatever the argument may be even if there is one? Our society has embraced the new family that has been made over and changed. The definition of a family being a woman, man, children and pet have somewhat been redefined by so many alternatives to raising children. Although only a woman can conceive a child if no medical issues are a factor. They have adoption, surrogacy and other means of receiving children and raising them in our society with other means and make-ups of the family. Social change refers to the alteration in nature such as social behavior or institutions. The social change of families in America and even the world has been altered in many ways from years ago. When my parents and grandparents were coming up it was the time when the men worked and the women stayed home to take of the kids and the house. During that time divorce was frowned upon or just unthinkable. Those times have changed significantly. Many women today are thrilled to have a career and continue to do the same duties as expected of a mother and wife. The husband has evolved over time to assist with chores around the house. In some instances the women are the sole bread earners for the family and the husband is home with the kids. This could be seen as role reversal. Many women today regardless of career intensions or simply not having a choice but to work, either way women are more prominent in the workforce and this have changed the family in a huge way. Family success is better defined as the husband and wife working. â€Å"In 1950 about one in three women participated in the workforce. † Today the workforce comprise of forty eight percent women and fifty two percent men† (S. M. Heathfield, about. com, 2013). Even though, there are changes in society with the family and women working and making up almost half of the workforce. There are ongoing issues that employers and lawmakers need to address because this change of women obtaining careers is on the rise. One issue is the equality in pay between genders. Today most men in the same field are paid higher than women. In our society a high number of women find it more appealing to have a career, be a wife and mother. A significant change that accompanies women that have a career is less time with the family and a lot of times families don’t even eat together due to busy schedules. However, with time and change for some this is acceptable. Divorce is another change in society in which many years ago divorce was never an option. The family has had several makeovers and divorce is rapid and changing our society in a majority negative way. When divorce is the final verdict the children are the focus if they are involved and this makes life more complicated than normal. A comparison was done with children from divorced and non-divorced families and these are some of the findings. â€Å"The Draw-A-Family Test was administered to 108 Swedish children. Fifty four children were from divorce families (27 girls, 27 boys) and 54 (27 girls, 27 boys) from intact families. The age of the subjects was ranging between 10 and 12 years. Focus was placed on which family members were included in the drawings, the prevailing mood of the figures, and on the tendencies to make profile drawings and to omit hands and feet. The results showed that divorce boys omitted their siblings more often than did girls or non-divorce boys, suggesting more intensive sibling rivalry. However, both divorce and non-divorce children usually included the father and depicted him as being as large as or larger than the mother. It appears that in this way children express the important role that their fathers continue to play in their lives. The findings reflected a larger degree of family relationship problems in the divorce group. These problems were expressed by the omission of family members and also by the separation of one or more figures from the rest, by hidden or omitted hands and feet, and by figures drawn in profile (Spigelman, G. , Spegelman, A. , & Englesson, I. L. (1992). Here in this study we are finding that with divorce comes risk when children are involved. The study shows that divorced families have more issues than families that are together. Although, the children subjects accepted the dad’s when divorced there is always the problem of having the courts favor the mom in which most cases they do and I have personal experience with that. There is also the case of alienating the kids from the father or mother. In either case the divorced families are prone to more issues which are a problem to society. However, other studies have shown that there is not a significant difference in the outcome of children with a broken home or not. This is saying to me that if both parents were friends and were involved in a child’s life the child could still am successful with divorce. Next we have the case of same gender marriage or cohabitation raising children or not. Either way this is a different look for family and society. Today, it is being accepted more and the same gender couples are taken their cases to the Supreme Court to be heard so they can be accepted and viewed as a family just like the traditional marriage of a man and women. This is truly a case of religion belief or non-belief. I can truly state that with my strong religious views and belief in God and the study and acceptance of the â€Å"word† which is found in the bible. I truly believe in marriage to be traditional of a man and a woman. Marriage was created by â€Å"GOD† and who we are as men to change what the most high has done! If one is serious about his belief in God and understands and accepts his word this would not be a discussion. However, for the nonbelievers and just straight disobedient followers this can be agreed upon. I cannot find it in myself to condone what â€Å"GOD† has condemned. This will be a fight for some time. I can say that if the same gender couples want to be together in which they are anyway. They should call their union something other than marriage. Nevertheless many have argues over the fact that kids are going to have psychological problems and even mimic there same gender parents by learning to be gay. All don’t agree. I can speak from experience and say that kids are exposed to parents and they learn what they see and what we teach them. In my experience I have nieces who have children from men and have had bad relationship experiences and somehow manage to be gay or lesbian and the children are experiencing that same fate because it is what they have seen or have been taught. This is not healthy for our kids and is a problem but in our society this new social behavior is accepted. However, I believe this is an extra psychological phenomenon for our children that add unnecessary stress. Children in same sex couples households have expressed â€Å"they are afraid of their friends finding out that the parent’s â€Å"are gay† or â€Å"if they are† can be terrifying. Nevertheless, the same gender families are here in our society and it is accepted and somewhat the norm these days. The next step is to push to the Supreme Court and fight for the same rights as marriage between a man and woman. Another unique aspect of the family is single working women who do not have a boyfriend or husband. Today many women are growing tired of waiting on Mr. Right so they are taking matters on their own and adopting children. Let’s look at the story of Lindsay Gambini 39, manager of a Manhattan performing-arts center, adopted two children, but not without a struggle. First an adoption in the Philippines fell through. She turned to the New York City foster-care system but was turned down because she planned to hire a baby-sitter during working hours. She was offered older children, but thanks to a shortage of foster homes for infants and her own persistence, she prevailed and got two baby boys, now ages 28 months and 15 months (The, A. P. , 1989, May 14). There are more single ladies and men adopting children today due to the significant social changes we have gone through. This practice is global and more acceptable than before. Many adoption agencies frown on single parents due to many studies that reflect negative impact on children in single households. This is why rigorous procedures are in place to place a child in a more favorable and suitable home that will ensure the physical and psychological safety of the child that is being placed with a foster parent. This method has been revamped as more studies have concluded single parents with a lot of family and friend support while the single mother or father is at work will do just as well in society as those with both parents at home. Many couples are deciding to cohabitate than before. Like many of the traditional family norms our society has evolved to the new times where men and women are making decisions to live together and not marry. However, in many cases they decide to have children. This has become a social norm and is on the rise and accepted. Studies have shown that many people that cohabitate have expectations for marriage and are afraid that they can’t meet the expectations of marriage. Although, not married couples that cohabitate share the same values and duties as married couples. They must support each other and the kids and in most cases they live together. Maybe it’s just a psychological mindset that registers as being okay. This type of relationship is nothing less of marriage. Couples that cohabitate is on the rise and the number of married couples are declining. This is another example of how society and the family are changing. Many people who refuse to cohabitate have strong religious ties. In a Christian and many other religions the belief of a man and woman to live together without being married is unfavorable in the eyes of â€Å"God† therefore being a sin. There are also other stigmas to cohabitating couples. One would be a couple who has a child or children living with them and the male is not the legal or birth father. This is said to have complications that are negative on children in the end. Multiple issues face cohabitating couples that are similar to divorced couples. The comparison is almost equal when children are in the equation. This reflects any negative presents in a home with children are unfavorable under all circumstances in families in society. Families today more than ever also encompass new measures of support. The family has changed in society today from many years ago. Families have learned to deal with adversities such as low income and long distance support from one parent. Low income families are almost most of the time to proud to ask for government subsidies that will in some form give them better living conditions for a certain amount of time until the benefits are depleted or until no longer required. When a family does not use the assistance that may be available this will indeed hurt the family in many ways. The children will be affected in several ways such as education and any developmental stage due to worrying about the present living condition such as lack of food or shelter. Other distractions such as a parent being absent due to a distant career. These are all contributing factors that weigh heavily on children that are our future in our society. Unlike before there are many programs put in place to educate on the living through the absence of a parent or a family in crisis to ensure the children is focused and able to learn in school and advance in all areas of development. Recognizing the need for assistance during these challenging times for children are essential and important. Many programs are in place to ensure that all children have a chance at a happy home to promote positive education while attending school. Speaking from experience in the military my co-workers and I have experienced the unhappy home for our children due to us being absent. Many kids act out due to them not being happy because of the absence of a parent. This behavior results in negative behavior and education achievement. Over the years the military has become a lot smarter and with the help of non-profit organizations provide the support to military families in assisting with helping our kids cope with us being absent so that they can be successful in their educational development. In closing the family has changed with society in many ways. The family has been altered from its original intent or original meaning. The family as we use to know it consisted of a man, and woman or husband, wife children and pet. Today our family has been redefined in our society. We have same gender families, cohabitating families, blended families, single home families and more. Fifty years ago women were not working as much or considered in the equation for a successful family. Today that has changed; women and men both are working to make a better life for the family. The woman has increased responsibility although she works her duties as a wife and mother are not different. The husbands are contributing more with chores but nevertheless women are still required to maintain certain standards at home with family. Some women are the sole provider for their families. The new role swapping is very popular these days. It’s not because men choose to not work several reasons such as not being able to find employment, furthering education and health reasons to name a few. This new area in society has been accepted by some and not at all by others. The secular society and the religious institutions are at odds with what the family is and should be. The conflict is simply the believers and nonbelievers. It is a constant battle and struggle. Although most studies are inconclusive or not published at all in regards to the welfare of children and the family. All families seem to struggle today when it comes to raising our children who are the foundation of our families. It depends on whose report you read or who publishes first and receives the most notoriety that gives a strong belief or assessment in how our children should be raised or if they will be a psychological mess due to the environment they share with parents at home. With experience and insight on the situation of the new families in our society is the only true measurement of our children and their development and contributions to society. The families struggle with our new times of the changing family. It is rare that a family sits and eats together due to a conflict in schedules. The time you sit and spend with your family is essential, that is the time the family actually get to speak to one another. Other issues such as poverty and long distance relationships are problematic with families. Especially military, when we are away the family mainly the kids suffer due to the absence of a parent causing significant problems for the family. With the new and improved resources that embrace technology the distant parent can have a real time conversation with families and also upon return education workshops on how to reaclamate to your environment is available. In covering many phases of the family from traditional to nontraditional studies have shown children have been successful either way. As we accept the new variety of families other than non-traditional as we invest in our children it is vital that we remember to make our home a happy one for our kids. In all aspects of the family the values of the family in society has not changed significantly from years ago. Either way it is viewed or made up the end result will be the outcome of our kids in society. References Harper, C. L. & Leicht, K. L. (2011). Exploring social change: America and the world (6th ed. ). Upper Saddle River, NJ: Pearson Prentice Hall. ISBN:   9780205748082 Susan M. Heathfield, (2013). Women and work: Then, now and predicting the future for women in the workplace, about. comguide. Spigelman, G. , Spegelman, A. , & Englesson, I. L. (1992). Analysis of family drawings: A comparison between children from divorce and non-divorce families. Journal of Divorce & Remarriage, 18(1), 31-31. Retrieved from http://search. proquest. com/docview/200720010? accountid=3252 Jacobs, S. (2004,Mar 07). Children of same-sex couples tell their stories. Boston Globe, retrieved from http://search. proquest. com/docview/40406592? accountid=32521 The, A. P. (1989, May 14). More single people adopting children. Orange County Register. Retrieved from http://search. proquest. com/docview/272371838? accountid=32521

The Development Of Children's Thinking Related To Mathematics Research Paper

The Development Of Children's Thinking Related To Mathematics - Research Paper Example Specifically addressing the cultural disparities, rather than focusing on elements of irrelevant ethnicity or dismissing merely because of socio-economic issues will help to find solutions for the problem as it is restructured for the reasons that these disparities occur, rather than unrelated assumptions (Bodovski & Farkas, 2007). When specifically researched, the disparities due to ethnic diversities, especially between Caucasians and African Americans, the differences can be measured because of the experiences that African American students have in classrooms where they are treated as if they will not learn the information, leaving them in a position where they are not encouraged, are not given adequate attention, nor expected to achieve. The disparities that are observed among children when demographic information is used in regard to ethnicity shows a wide achievement gap between Caucasians and Asians when compared to children who are African American and Latino. Culture, on the other hand, is far more influential than any other aspect of a child's life on how they will approach their education. Research, it appears, has been focused on the wrong criteria for interpreting the data. New information that has been observed for the reasons why children of different ethnicities have different levels of achievement relies on the experiences that children have within their own cultures in regard to learning in combination with the experiences that they have with learning opportunities within the school systems.

Implications and advancements of dna (as a medical milestone) in the Essay

Implications and advancements of dna (as a medical milestone) in the future - Essay Example Some of the disorders include hemophilia, and sickle cell anemia among others. The detection enables the parents and medical staff to prepare for the upcoming treatments. Genetic counsellors also use the knowledge of DNA to advise couples on their risks of having disabled children (â€Å"nih.gov†). Medical experts are also developing new technologies that can rapidly sequence large quantities of DNA. The initial sequencing method was called Sanger, but has now undergone automation for it to work faster than before. Other DNA technologies such as STR and RFLP have erupted and will continue to erupt as long studies in DNA do not stop. The next generation sequencing technologies can sequence human DNA in a short time and at low costs (â€Å"nih.gov†). Over the last few years, the world has witnessed rapid progress in biotechnology and, in particular, the human genome project. The advancement has seen the emergence of complex datasets such as Single Nucleotide Polymorphisms, microarray expression of cells, and genome sequencing of various species. All this has given rise to bioinformatics, a field with vast applications in the medical field (â€Å"nih.gov†). What the future holds on DNA remains a mystery, and it is only time and science that can

The Marshal Hypothesis Essay Example | Topics and Well Written Essays - 750 words

The Marshal Hypothesis - Essay Example He was of the opinion that if the electorate was fully informed, they would reject the death penalty. I believe that this hypothesis is true, as many people who are in support of the death penalty are unaware of the facts behind it. One of the major reasons against the death penalty that would make the public reconsider their support for it is the discriminatory way in which it is applied. There has been evidence to show that the death penalty is more likely to be imposed on ‘poor, powerless African Americans.’ The fact that the juries were given the discretion to impose the death sentence means that there is a high likelihood of discrimination. Most people are unaware of the discriminatory nature of the application of the death penalty. If people were aware of this fact, fewer would support the harsh sentence (Walker 348). In most cases, it has been found that a majority of people change their opinions about the death penalty upon finding out the discriminatory way in w hich it is applied. The decisions of juries in capital cases can also be seen as evidence to support the Marshal hypothesis. The inconsistency with which the juries apply the death penalty can be interpreted to mean that the social values fundamentally reject the death penalty. ... The sentiment against the death penalty should therefore be considered in rendering the punishment invalid (Furman v. Georgia, 1972, p. 332). Various studies have also been conducted to test the Marshal Hypothesis. Most of the studies come up with the same results; that people with an informed opinion do not support capital punishment, and exposure to information on capital punishment reduces its support in those who were previously in its support. For most people, the most important goal of punishment is retribution, or ensuring that people are made to pay for their crimes. This is why in cases of crimes such as murder; some people will support the death penalty as they believe that is the only way that murderers can pay for their crimes. The support of the death penalty has been seen to be based on myths that surround the debate. One such myth is that the death penalty is more effective than a life imprisonment sentence. Another myth is that it leads to the lowering of the murder r ate if the death penalty is publicized. The facts about the death penalty are however that poor people who commit murder have a higher chance of being sentenced to death than rich people who commit the same crime. Black people are also more likely to receive the death penalty than the white offenders who have committed the same crime. If a white victim is murdered, the offender is more likely to receive a death penalty than would be the case if a black victim was murdered. This information has an impact on the people’s perception and acceptance of the death penalty (Walker 356). People who believe the myths about the death penalty change their opinion about it upon exposure to the truths about it. The Marshal Hypothesis says that people

Questionare Essay Example | Topics and Well Written Essays - 1000 words

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Modernism and Conceptual Art Thesis Example | Topics and Well Written Essays - 6500 words

Modernism and Conceptual Art - Thesis Example The essay "Modernism and Conceptual Art" discusses relationships between modernism and conceptual art. Conceptual art is widely regarded to have begun in the ‘dada’ movement that occurred in Switzerland, Germany, France, America, and other countries during the early 20th Century. Dada artists like Marcel Duchamp enshrined urinals on pedestals, signing them with an alias in parody of the authoritative time stamp and signature which was already equated with monetary value in the fame or status driven art, gallery, and collectibles trade at the time. Similarly, Rene Magritte famously inscribed â€Å"Ceci n'est pas une pipe† across a painting of a pipe, to inspire many who studied art to question the nature of artistic representation in an era where formal abstract painting was being developed as a valid method of self-expression. In the modern perception of the artist, his or her personal views, theories, conflicts, psychology, and philosophy of life are all assumed to be summarized and expressed through the process of art, completely or in fragments, creating objects of appreciation with symbolic social messages and embodying a personal commitment to an aesthetic, beauty or truth. Yet, the viewer or audience may ultimately interpret a work outside of its original intended context, just as art history elevates some artists and themes to make them canonical, collectible, valuable, and teachable on a social level of shared subjectivities. Conceptual Art is inherently critical.

ETHICS Research Paper Example | Topics and Well Written Essays - 2250 words

ETHICS - Research Paper Example The code of ethics, however, is nothing if it is not applied to the activities of a business. One of the ways in which the activities of a business are framed for ethical conduct is through the application of law on how business is conducted. In this way, a sense of universality, at least within the context of a state, is managed in regard to ethical conduct. Laws are put into place to force corporations to behave in certain ways within the nation in order to conduct business in an ethically considered manner. The following essay will first discuss the various theories on ethics that provide a framework for the discussion of ethics. A discussion of law and ethics will allow for examples to be supplied of ways in which ethics and law work in concert to create a more morally responsible collaboration between business and society. A brief discussion about shareholder models of corporate governance in comparison to stakeholder models of corporate governance will provide a context for the concept of ethics as they are applied to business. The nature of business is not always in line with universally held views of ethics, however, in order to conduct business in a manner that is conducive to all parties impacted, ethics must be created to preserve social, cultural, and national states of morality. Business Ethics: Theories Ethical Fundamentalism Ethical fundamentalism is a theory in which the search for an ethical foundation is made through an outside source. According to Nagata â€Å"Fundamentalism is fast becoming the metaphor of choice in a quest to assign meaning to an ever widening range of ideas and behaviors, and it has recently migrated from its original narrow religious reference band to other domains† (481). In order to understand the parallel to religious considerations, one must assert the idea that in looking at a source or religious inspiration, one is looking to an outside source for how to frame behaviors or ideologies. In the search for founda tions of how to frame a business ethic, one might use a figure who represents a certain framework or an ideology that provides context to how an set of ethics is determined. Organizations that can be considered for its fundamentalist approach and through the strength of its work culture can be Wal-Mart and McDonalds. Both organizations have a foundation of ethics that are centered on the philosophies of their founders. Utilitarianism Utilitarianism is based upon the concept of behavioral consequences. Bentham begins his discourse on utilitarianism by suggesting that there are two domains under which motivation is created: that of pleasure and pain. He calls these tow domains â€Å"sovereign masters†, having such power over actions that they are the contrasts that rule most all actions. He states â€Å"The principle of utility recognizes this subjugation, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of re ason and of law† (Bentham 5). Bentham states that â€Å"By the principle of utility is meant that principle that approves or disapproves of every action whatsoever, according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question† (6). This can mean individual or community, or any

Marketing Research Essay Example | Topics and Well Written Essays - 2000 words - 3

Marketing Research - Essay Example The data gathered and interpreted during marketing research significantly supports the organizations draw out future plans according to the changing trends and scenario of the market. It is considerably helpful in enhancing the organizations’ volume of production and sales. â€Å"Marketing research† Zaidi & Javed opine, â€Å"concentrates on data collection related to market product while interacting with the consumers, gathering information from them and interpreting results about various aspects of a market product.† (Zaidi and Javed, 2002:7). A marketing research is usually conducted either to prove the validity of the previous study, already conducted either by some other researcher or the same researcher in some other area or time period, or to gather latest information related to discover the various aspects of a market commodity. â€Å"All employees must practice the marketing concept in their everyday corporate behavior for a firm to be able to say that it is applying the marketing concept for consumer orientation, goal orientation, systems orientation and market exchange process.† (Dr. Langford, B. E.). The rapid transformations in business environment have made significant impacts on marketing research. Business environment is defined as the cultural and structural characteristics of an organization, an industry, a company or a market. In other words, the term refers to the managerial activities, departmental interactions, individual and group tasks, strategy formulation, implementation and analysis, and interaction between different branches and sections etc. The upper management and board of executives determine, review and regulate the cultural and strategic environment of an organization. The business culture is based on the management techniques devised for this purpose. â€Å"The business environment of an organization includes rituals and routines, control systems, organizational structure, power

Ethics - Morality Essay Example for Free

Ethics Morality Essay 1. Definition of Ethics It studies how man ought to behave. Ethics is a thoughtful review of how to act in the best interest of patients and their family. It is also about making good choices based on beliefs and values regarding life, health, suffering and death. Relationship of Ethics in other branches of science: * Ethics and Logic- Studies the correct and organized thinking of a man. Focused foremost on demands of materials, nonhuman world, or world of â€Å"things† in one’s environment it is people-oriented * Ethics and Psychology- Both deals with the study of man and his behavior. Studies how man ought to behave. Concerned with man’s moral obligation or the result of his behavior. It studies the human behavior from the perspective of morality. * Ethics and Sociology- Sociology deals with the study of social order and human relations in a society. Sociology is related to Ethics because Ethics deals with the study of moral orders in a society. Importance of Ethics: Ethics form the base ground of values, which differ from one culture to another. Ethics was applied in health care system, since ancient Egyptian times. A physician has moral obligations towards his patient based on physician patients relationship. The ethical principle of confidentiality confirms that patient can trust his health care provider not to disclose any information that the patient may have given in order to get cured. A current ethical issue in research involving human participants informed consent has prime importance. The subject and his guardian must have the capacity to understand the issue in question and the possible risks of treatment in the trial study. We need to do more to ensure that medical research practices are sound and ethical, and the goals of research should be secondary to the well being of the participants. The study of ethics and the study and practice of healthcare have not merged much in the past, but nevertheless ethical standards are essential to the practice of the health professions. Each professional discipline has its own code of conduct, guidelines for practice and philosophy of care to direct practice within its professional remit. There have been several international declarations of human rights within healthcare to protect patients from unethical practices that might nevertheless be portrayed to them as necessary evils in the course of scientific research and utilitarian principles – that is, the greater good. Despite the relative lack of moral philosophy and healthcare ethics in the curricula of healthcare professionals, it does not take long for anyone in clinical practice to face their first ethical dilemma about which they are called upon to make a judgment or have a view. In any healthcare system, whether organized and managed by the state or government or by the independent sector (private or non-governmental/voluntary) – or any mixture of these – moral issues will frequently be raised and should challenge the practitioner, teacher, manager or researcher. Establishing moral codes of practice between the various organizations mentioned above is important at the outset of any professional relationship or client encounter. For the practitioner the appropriate use of professional power, compared with the relative vulnerability of the lay client/patient during the first meeting, establishes the relationship for all future transactions between the two parties. In the context of progressive illness there are many occasions that will challenge this relationship as the illness trajectory takes its course. 2. Basic concepts in Ethics. Definition of Human Acts Human Acts (Actus Humani) refer to â€Å"actions that proceed from insight into the nature and purpose of one’s doing and from consent of free will†. Specifically, human acts are those actions done by a person in certain situations, which are essentially the result of his conscious knowledge, freedom and voluntariness, or consent. Hence, man performs these actions knowingly, freely, and voluntarily. Aspects of Human Acts * The Act Itself or the Object Of The Act. The act itself refers to the action that is done or performed by an agent, or simply, what the person does. This is the â€Å"substance of a moral act†, and here regarded as the basic factor of morality. More concretely, the object of the act is â€Å"that act effect which an action primarily and directly causes (finis operis). It is always necessary that the result of the act, independent of any circumstances or of the intention of the agent. † * The Motive or the Intention. The motive is the purpose that for the sake of which something is done. It is the reason behind our acting. It answers the question â€Å"why the person does what he does? †. Man normally performs an act as a means to achieve an end or goal, different from an act itself. And since the motive or intention is practically present in all human acts, it then becomes an important and integral part of morality. * The Circumstances. It refers to the various conditions outside of the act. They are not part and parcel of the act itself. Circumstances are conditions that influence, to a lesser or greater degree, the moral quality of the human act. The moral goodness or badness of an act is determined not only by the object or act itself, plus the motive or intention of the moral agent, but also on the circumstances or situation surrounding the performance of the action. Classification of Human Acts * Elicited Acts. These are actions performed by the will. (Wish, Intention, Consent, Election, Use) * Commanded acts. These are those acts done by man’s mental or bodily powers under the command of the will. (External and Internal Actions) Constituents of Human Acts * Knowledge. A human act as a deliberate act is a KNOWING ACT. No human act is possible without knowledge. * Freedom. The CAPACITY or POWER to choose between two or more courses of actions WITHOUT being forced to take one or the other by anything except our own will. * Voluntariness. A human act is a WILL- ACT. A voluntary act is different from what is merely WILLED and cannot be controlled by the will, as good or bad. Modifiers of Human Acts * Ignorance. It is the absence of necessary knowledge, which a person in a given situation, who is performing a certain act, ought to have. Ignorance therefore is a negation of knowledge. It can be classified as Vincible or Invincible Ignorance. * Passion or Concupiscence. It is here understood as a strong or powerful feeling or emotion. It refers more specifically to those bodily appetites or tendencies as experienced and expressed in such feelings as fear, love, hatred, despair, horror, sadness, anger, grief and the like. Passions are either classified as Antecedent or Consequent. * Fear. It is defined as the disturbance of the mind of a person who is confronted by an impending danger or harm to himself or loved ones. Fear may be considered a passion, which arises as an impulsive movement of avoidance of a threatening evil, ordinarily accompanied by bodily services. * Violence. It is generally referred to any physical force exerted on a person by another free agent for the purpose of compelling the said person to act against his will. * Habit. It is a constant and easy way of doing things acquired by the repetition of the same act. Habit is a lasting readiness and facility, born of frequently repeated acts, for acting in certain manner. Definition of Morality Ethics and morality are two words, which are oftentimes used interchangeably, not just in ordinary discourse and in popular media but also in academic discussions. Etymologically, the word â€Å"ethics† is derived from the Greek word â€Å"ethos†, which can be roughly translated in English as custom or a particular way and manner of acting and behaving. The Latin equivalent for custom is â€Å"mos† or â€Å"mores†. It is from this root word that the term â€Å"moral† or â€Å"morality† is derived. The two terms, ethics and morality, in this sense, therefore, have literally the same meaning. That is why ethics is usually taken synonymous with morality. Also because of this, ethics is also called morality, or more precisely, the other name of ethics is morality. Norms of Morality The general way in which a given society or group operates is largely determined by societal norms of morality. These norms are composed of the rules by which people are supposed to operate within that society, and these rules can be explicit or implicit. According to the definition of societal norms of morality, they are subject to change from society to society and age to age. If a particular social norm becomes unpopular, it ceases to be a social norm. There are, of course, some societal norms that are viewed with differing perspectives even within a society. Because of this, any given society can be broken down into further subgroups that share a more common set of societal norms. This process can, in theory, continue all the way to the individual level, at which point it ceases due to the obvious need for more than one person to constitute a group. Understanding and adhering to social norms begins at birth, and most of these social norms are so ingrained within an individual that it is difficult to see that they exist. Formal social norms are quite easy to spot, of course, because they are recorded in some way and require a specific punishment if they are not followed. Informal social norms make up the vast majority of social norms, however, and are much easier to miss. They take the form of folkways, which are rather informal norms that are ordinarily followed, but do not carry great consequences when broken, and mores, which are also informal, but carry great consequences when broken. The development of social norms is inevitable, and the pressure to conform to them is great. There are occasions upon which the larger group conforms to the norms of the individual or a small group, but it is far more likely that the individual or small group will conform to the norms of those in the majority. It is important to be aware of social norms so that the actions an individual can determine which social norms are worthy of challenging and which serve a useful purpose. Many of these social norms will not ever be noticed because they are a core part of each person, but it is still useful to reflect upon those which can be noticed. Determinants of Morality The factors in human conduct that determine whether it is good or bad. There are three such determinants of morality, namely the object, the end, and the circumstances. By object is meant what the free will chooses to doin thought, word, or deed-or chooses not to do. Be end is meant the purpose for which the act is willed, which may be the act itself (as one of loving God) or some other purpose for which a person acts (as reading to learn). In either case, the end is the motive or the reason why an action is performed. By circumstances are meant all the elements that surround a human action and affect its morality without belonging to its essence. A convenient listing of these circumstances is to ask: who? Where? How? How much? By what means? How often? Some circumstances so affect the morality of an action as to change its species, as stealing a consecrated object becomes sacrilege and lying under oath is perjury. Other circumstances change the degree of goodness or badness of an act. In bad acts they are called aggravating circumstances, as the amount of money a person steals. To be morally good, a human act must agree with the norm of morality on all three counts: in its nature, its motive, and its circumstances. Departure from any of these makes the action morally wrong. Definition of Rights. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture and the history of social conflicts can be found in the history of each right and its development. According to the Stanford Encyclopedia of Philosophy, rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived. The connection between rights and struggle cannot be overstated — rights are not as much granted or endowed as they are fought for and claimed, and the essence of struggles past and ancient are encoded in the spirit of current concepts of rights and their modern formulations. Definition of Duties. A duty to use care toward others that would be exercised by an ordinarily reasonable and prudent person in order to protect them from unnecessary risk of harm in a typical medical malpractice lawsuit, the plaintiff has the burden of proof to show that the physician had a legal duty of care to the patient, that the physician breached that duty, and that the breach caused injury to the plaintiff. Divisions of Duties An appropriate division of duties is the first basic principle of internal control. Remember, the basic point is that no single person should handle a transaction from beginning to end. The primary reason is to prevent an individual from having enough control over a transaction to where errors and/or irregularities can occur and go undetected for extended periods of time. An appropriate division of duties should also produce warning signals when errors and /or irregularities do occur. It is important to keep in mind that a good division of duties does not guarantee that things will operate, as they should. This is because two or more people can be involved in wrongdoing (i. e. collusion). Unannounced rotation of job duties and surprise audits can help reduce the chances of collusion. 3. Disablement Terminologies Disability * Inability to function normally, physically or mentally; incapacity. * Inability to pursue an occupation because of physical or mental impairment * The term disability summarizes a great number of different functional limitations occurring in any population in any country, of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature. Functional Limitation * Any health problem that prevents a person from completing a range of tasks, whether simple or complex. Handicap * A disadvantage for the given individual resulting from impairment or a disability that limits or prevents the fulfillment of a task that is normal in that individual. * A disadvantage that makes achievement unusually difficult. * The term handicap means the loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment. The purpose of this term is to emphasize the focus on the shortcomings in the environment and in many organized activities in society, for example, information, communication and education, which prevent persons with disabilities from participating on equal terms. Impairment (Indirect and Composite) * To cause to diminish, as in strength, value, or quality: an injury that impaired my hearing a severe storm impairing communications. * Any abnormality of, partial or complete loss of, or loss of the function of, a body part, organ, or system. * An injury, illness, or congenital condition that causes or is likely to cause a loss or difference of physiological or psychological function.

Physiology Of Human Bones And Joints Biology Essay

Physiology Of Human Bones And Joints Biology Essay This includes all the physical and chemical processes that go on inside living things and that are necessary for proper functioning of the body. Physiology is closely related to anatomy, the study of different organs in a body and their relative positioning. This is because an understanding of functions of body parts requires a prior understanding of how the body is built. Human physiology is the specific study of the workings of the human body. The organ system approach is usually employed to study human physiology, including that of the bones and joints. Organ systems are a group of cells, tissues, and organs with a particular function. Organ Systems The human body consists of the following organ systems:  [2]   Musculoskeletal System This system consists of bones of the skeleton, joints, muscles, connective tissue, ligaments, tendon, and cartilage. The musculoskeletal system provides a framework for the body, protects many critical organs, and facilitates movements of movable body parts. Nervous System This system is there for transmission of signals between different parts of the body for coordination of body movement. The nervous system comprises the brain, spinal cord, sensory cells called neurons or nerve cells, and nerves that connect these sensory cells. Cardiovascular System This system includes heart, blood, and blood vessels. It supplies nutrients to all parts of the body through blood. The system works in close conjunction with the respiratory system. Respiratory System This system consists of the lungs, air passages, and respiratory muscles. It arranges for oxygenation of blood and release of carbon dioxide from blood. Endocrine System This system is made up of numerous glands, each secreting some hormone. These hormones are released directly into the bloodstream for regulation of the bodys metabolism. This organ system includes glands such as the pituitary gland, adrenal gland, thyroid gland, pineal gland, pancreas, and thymus. The pancreas is also a part of the digestive system and functions as an endocrine as well as exocrine gland. Digestive System This system absorbs nutrients from consumed food and disposes waste. It consists of the mouth, esophagus, stomach, small intestine, large intestine, rectum, and anus. The liver and pancreas, which secrete digestive juices, are also part of this system. This system works in active collaboration with the nervous system and the cardiovascular system. Urinary System This system produces, stores, and disposes urine. It is made up of two kidneys, two ureters, one bladder, and a urethra. Reproductive System The reproductive system is involved with the production of reproductive cells. It also provides a mechanism through which these cells are combined. This system consists of external genitalia as well as organs that produce the reproductive cells. Immune System The immune system protects the body against disease. It includes bone marrow, white blood cells, lymph system, antibodies, spleen, and thymus. Integumentary System This system safeguards the body from damage and comprises of the skin and appendages of the skin such as nails and hair. The study of human physiology includes an exhaustive focus on all these systems. This study has to be combined with a fundamental understanding of the molecular, cellular, and tissue level principles that form the basis of the functions of these systems. Proper functioning of the human body requires all these systems to work smoothly. The overall health of the human body is determined by the efficiency of the collective or integrated working of all these systems. An important concept in physiology is homeostasis. This refers to the maintenance of certain physiological parameters within a narrow range despite frequent changes in the external environment. Such a control is essential for proper functioning of all the organ systems. The physiological parameters that need to be kept within limits include body temperature and concentration of electrolytes and glucose in the cells. Physiology Explained Origins of the Term Physio The term physio is derived from the Greek word phusis, meaning nature, and was used by people of ancient Greece around 1000 B.C. The word phusis is also said to refer to the Greek goddesses of nature who maintained the balance of nature. The term also implied normality as opposed to something that is monstrous or perverse.  [3]   Differences Considerable physiological differences exist between humans, other animals, and microorganisms. These differences can usually be ascribed to the process of evolution. Darwins theory of evolution proposes that all life on earth started from a single-celled organism that slowly diversified into numerous species. In order to adapt to the surroundings, the physiology of organisms changed slowly. Different climatic conditions triggered different type of changes and, over the centuries, led to the development of varied life forms. Humans have an average brain-to-body mass ratio of 1:40 that is exceeded only by small birds (1:12). This highly developed brain is said to be the reason why humans are more intelligent than other animals. Such a brain is also the reason why humans have a longer memory than most other animals. Usually, animals beyond the human species live in the moment and are, therefore, free from emotions such as spite, guilt, and self-consciousness. Fingers and Legs The thumb is most developed in people. During evolution, Man felt greater need for the thumb and hence it developed better than in other species. The thumb adds a whole new dimension to the activities that humans can perform. People could make and use tools and advance scientifically because of the thumb. While a superbly developed brain provides the arthritis patient with ideas, the thumb helps in the conversion of some of these ideas into practice. Humans walk on two hind legs while most other animals walk on all four legs.  [4]  Certain types of monkeys do walk on two legs, but that is not their normal mode of mobility. This feature provides the arthritis victim with an erect posture and frees their hands for other, more important activities. This is also the reason why humans have a running speed lower than most other animals of a comparable size. Cardiovascular, Communication, and Sensual Differences The number of chambers in the heart vary among animals. Humans have four chambers, reptiles usually three (except crocodiles that have four chambers), fishes have two, and so on. Moreover, communication skills are very highly developed in humans as compared to other animals. Man is the only animal capable of articulate and coherent speech as opposed to certain sounds and gestures made by animals that can convey their emotions only in a broad sense. As compared to many other animals, humans have an inferior sense of smell, eyesight, and hearing. During the course of evolution, humans made steady progress and started to tailor their environment to their needs. In a partly customized environment, the necessity of these senses declined as compared to when humans lived in open and, often, unprotected environments. Microbiological Differences Humans and animals have numerous organs that are a collection of many cells and tissues. Each organ has some function(s). This specialization is either absent or limited in microorganisms as the number of cells is limited. Organ systems such as musculoskeletal system, nervous system, and cardiovascular system are usually absent in the bodies of microorganisms. Many microorganisms are capable of rapid reproduction when the temperatures are moderately high. This rate is very high as compared to humans and most other animals, and the reproduction activity slows down in cold environments. Microbes such as bacteria can freely exchange genes with other similar species leading to quick mutation and evolution. This process of horizontal gene transfer poses great challenges for medical science as the variant species can resist even targeted medication. Reproduction in microbes can be asexual, sexual or both.  [5]  Fungi reproduce asexually while bacteria can re produce in both ways. Barring a few exceptions, most animals reproduce sexually. It is the sexual reproduction in bacteria that can lead to mutation and associated problems for medical science. This process is called conjugation and involves transfer of DNA from one bacterium to another via a thread type structure known as pilus. Such a transfer enables the bacteria to pass characteristics and leads to the formation of a varied species capable of survival in newer, more hostile environments. Normal Functions of Bones and Joints Purpose of Bones All the bones and joints in the body form the skeletal system that is inherently linked with muscles to form the musculoskeletal organ system. The skeletal system serves three fundamental functions.  [6]  As noted from chapter three, the skeletal system supports all the other organ systems of the body by providing a framework of bones and joints on and inside which other organ systems are rested. This structure also provides shape to the body. Bones provide protection from internal organs such as brain, lungs, uterus and others. This is a notable function and, therefore, merits a somewhat detailed treatment: The skull encases the brain and protects the eyes and the middle and inner ears. The sternum, rib cage, and spine shield the heart, lungs, and prominent blood vessels. The vertebral column forms a covering around the spinal cord. The spine and ilium safeguards the hip and the digestive and urogenital systems. Movement Movement is provided by bones in combination with attached muscles. Skeletal muscles operate in pairs and when one relaxes, the other simply contracts. An example is the bicep-triceps combination. When the arm is stretched, the bicep relaxes with contraction of the triceps and vice versa. Many times, bones provide leverage by amplifying the magnitude and changing the direction of force generated by the muscles. Impaired Bone Health Overview of Consequences Unhealthy bones are unable to perform all or any of their functions of support, movement, protection, production of blood cells, and acting as a reservoir and dumping locations respectively for useful and toxic minerals. Bone disease is a generic term for disorders related to bones that make bones weak and brittle and, therefore, more likely to break. Sources for bone disorders include heredity, nutritional deficiencies, injuries, and infections. The general effects are a pronounced decrease in the quality of life due to the inability to move efficiently and due to frequent bone injuries and possibly fractures. Premature death can result in extreme cases. Infectious Arthritis This can result in people with weak joints. The source is a fungal, viral, or bacterial infection in such joints and the symptoms include swelling and redness around the joint, joint pain, and fever. The infection is transferred through blood or can be a result of injury, surgery, or injection. Infectious arthritis is discussed further in chapter 19. Rickets This is found in children and is due to vitamin D deficiency. It makes the bones weak and soft. The effects include restricted movements with bone and muscle pain. Low bone density is due to insufficient development of bone mass during childhood. This can aggravate into osteoporosis later on in life.  [7]   Bone Cancer This affects the normal functioning of bone cells and tissues. Usually, cancer in the bone is a result of spread of cancerous cells to bones from another part of the body. Very rarely does bone cancer originate in bone cells. There are different types of bone cancers that affect bone cells, cartilage cells, and the bone marrow. Symptoms include swelling, pain, and weak bones; fatigue, unexplained weight loss, night sweats, and chills. This disorder can assume serious proportions if it affects a load-bearing bone such as the femur, forcing the patient to use a wheelchair for considerable duration of the treatment. Pagets Disease This bone disease interrupts the cycle of continuous breakdown and rebuilding of bones. Severe pain and swelling in joints are the symptoms of this disorder that can enlarge and weaken the bones. This can intensify into other disorders such as deafness and arthritis. Osteogenesis Imperfecta (OI) This is a genetic disease that causes bones to break easily and other conditions such as curved spine, weak muscles, brittle teeth, and hearing loss. The disease causing gene is inherited and affects the development of collagen a protein that in turn affects bone development. Fibrous Dysplasia This results in replacement of bones with fibrous tissue, thereby causing excessive growth and swelling of bones. Weak bones affect the ability to walk and the disorder can also cause endocrine problems. The reason this disorder inspires a certain degree of awe is because the cause is unknown, it cannot be prevented, and cure only aims to mitigate the adverse effects. Osgood-Schlatter Disease This malady affects the area where the knee cap and tibia (shinbone) are connected. The disease is more likely to affect adolescents and causes swelling, tenderness, and pain in the affected area. The pain can range from mild to severe and from occasional to constant. Physiology of Joints Purpose of Joints Joints are those locations where two or more bones are attached. Joints provide connectivity between different bones of the body. The fact that almost all bones are connected to form the skeletal system and that the muscles are connected to the skeleton ensures coordination of movement between different parts of the body. This connectivity integrates all the body parts into one whole entity. Joints facilitate movement through contraction and relaxation of muscles. Purposeful movement is fundamental to animal behavior and enables them to execute all activities necessary for survival, leisure, and reproduction. A certain amount of flexibility is lent to the skeletal structure by joints, which also serve as shock absorbers. Evolution has lent different structure to different types of joints in different animals. However, their essential functions remain unchanged. An example is the joints in the hind legs of land based carnivores that are designed for pouncing on prey. This is why they can jump high by using their hind legs. At the other end of the spectrum are the herbivores with bones and joints of hind legs designed for high speed. The joints of monkeys are designed for quick climbing and rapid movement among trees. Reptile joints enable them to crawl and pounce at high speeds. All members of the cat family except the cheetah have retractable claws. The claws are made so as they are joined to the last phalange that can move forward or backward along a curvilinear path. This mechanism prevents unnecessary wearing of claws. The claws are voluntarily unsheathed only during hunting and serious fighting. The cheetah is designed for high speed and requires the claws to be continuously unsheathed in order to gain and maintain traction while sprinting. Even among carnivores, joints serve slightly different functions. Members of the dog family have joints compatible for a prolonged chase. Their hunting strategy involves wearing down the prey. Cats are ambush hunters. Their joints are stronger and capable of sudden acceleration for bringing down the prey suddenly. This would also mean greater shock absorbing capacity of their joints, although they are not suited for endurance. In humans, all joints can provide movement except the bones of the cranium. These cover the brain and are not capable of movement for obvious reasons. The human palm has a peculiar structure where the thumb provides exceptional gripping ability. Such a structure is absent in all the other animals and bestows humans with the capacity to execute a whole range of specialized activities. Joints in the human body can be classified on the basis of type of movement that they provide physiologically: Hinge joints facilitate movement similar to that of a hinged door along one axis only. They allow up-or-down movement but not from side to side. Examples of such joints are the elbow, knee, and the upper and lower jaw. Ball and socket joints allow movement in all directions upwards, downwards, and sideways. The shoulder is an example of such a joint. Another example is the acetabulam or the hip joint where the thigh bone is connected to the pelvis. Pivot joints permit pivotal movement of one part about the other. An example of this type of joint is the movement of the skull about the backbone where the skull can rotate about the topmost bone of the backbone. Gliding Joint is characterized by gliding movement of one bone / part over the other. The wrist joint is an example of such a joint. Joints can also be classified according to the mechanism that holds the bones together at the joint. Application of this criterion renders the following types of joints.  [8]   Fibrous or immovable joints are held together by ligaments only. Examples of such joints are the radioulnar and tibiofibular joints, the joints of bones inside the forearm and shin, respectively. Cartilaginous joints are where the connection between bones is provided by cartilage. An example is the joints between the vertebrae. Synovial joints are held together by a synovial capsule that is made from the protein collagen. The inner layer of this capsule is known as the synovial membrane and it secretes a lubricant called synovial fluid. Furthermore, there is a hyaline cartilage that pads the ends of the bones in these joints. Synovial joints can be hinge joints, ball and socket joints, pivot joints, or gliding joints. They can also be saddle type or condyloid type. Different finger bones of the same finger are joined by a saddle joint while condyloid joints join the metacarpal bones to the first phalanges. Developmental Aspects of Male and Female Bones Overall Bone Similarities When it comes to bones and joints, considerable similarities exist between the framework of males and females. As a matter of fact, the skeletons of all primates exhibit certain generic features such as a large brain, highly developed fingers and thumb, generalized pattern of teeth, forward facing eyes, and bony eye sockets. The following points of resemblance are observed between the human male and human female skeleton. Both have exactly the same number of bones: 206. Same number of bones also means the same number of joints, although the precise number of joints in the human body is a matter of debate in view of differences in opinion on what constitutes a joint. An inclusive estimate indicates to the presence of about 250 to 350 joints in the human body. The shape of most bones in the male and female skeleton is similar, although some bones are differently shaped in view of the different roles of males and females. The femur or the thigh bone is the longest and strongest bone in both human males and human females. Stirrup or stapes is the smallest bone in the human skeleton irrespective of gender. This bone is located in the middle ear and its average size ranges between 0.25 cm to 0.33 cm. The average human bone density is around 1500 kg/m3 for a normal, healthy adult, although males have slightly higher bone density than women. Here again, different researchers have obtained varying results rang ing between 1000 kg/m3 to 1900 kg/m3. With this, the human skeleton comprises a significant percent of the total body weight. Exceptions Certain peculiarities or exceptions are common to the male and female skeletons. The presence of fused bones in the cranium and pelvis serves as an example here. These bones are not connected through joints but fit into each other the way pieces of a jigsaw puzzle do. The three bones in the middle ear, collectively referred to as ossicles, connect only with each other. The hyoid bone located in the neck serves as a connection point for the tongue. It is not connected to any bone in the skeleton. It is held in position only by muscles and ligaments. Overall Bone Differences Different hormones affect the development of bones in males and females and this is the primary reason for bone differences. Testosterone is the main hormone that affects bone development in males while estrogen does the same for females.  [9]  The differences between male and female skeletons can be better understood when seen in the context of differences in race, lifestyle, and physical activity. When comparisons are made between males and females of the same race and with comparable lifestyles, the following points of differences can be observed. In Relation to Childbirth There are two differences in relation to the process of childbirth covered in the precedingchapter. Females have a more movable coccyx or tailbone and a wider and flatter sacrum connected to the pelvis. The coccyx is the last bone of the backbone and sacrum is similarly located near the end of the spinal column. Such a structure allows the head and shoulders of the fetus to pass through the cavity during childbirth. Bones that make up the arms and legs are thicker, longer and, therefore, stronger in case of males. Bones in the arm include the humerus that supports the bicep, radius, and the ulna that support the forearm. Males possess relatively larger phalanges or finger bones. Size Male skeletons are usually larger and heavier than female skeletons. Traditionally, men have assumed the responsibility of hunting, gathering, and working outdoors while women have been assigned to domestic responsibilities and childbearing. Men, therefore, have traditionally needed more strength and this explains the strength-related differences in the male and female skeletons. Face The facial bone structure in males and females is different on account of difference in the structure of the skull. Men have more developed bulge at the back of the head and more noticeable brow ridges. The chin area of men is more angular and square as compared to female chins that are pointed and more rounded. Spine Length and Others The length of spine in women is shorter as compared to men. The shorter spine creates an illusion of female legs being longer than that of males. Other differences include a narrower rib cage, more rounded shoulder blades, and smaller teeth in the female skeleton. Developmental Aspects of Male and Female Joints Overall Similarities Human male and female joints have certain common features. The first similarity is the number of joints. Since the number of bones in the bodies of males and females is same, the number of joints is also same. The number of joints is between 250 to 350.  [10]  There is no exact number due to lack of unanimity on what precisely constitutes a joint. Another prominent similarity is the types of joints. Both males and females have the same types of joints according to the mechanism for holding joints together. The functions of most of the joints in males and females are similar. This point of similarity is a natural corollary to there being equal number and same type of joints. Differences Men have broader shoulders and smaller waists while women have wider hips and narrower shoulders. This makes the angles of muscle alignment and tendon attachment different in the joints of males and females.  [11]  Female joints are, on an average, more flexible and have a greater range of movement than male joints.  [12]  This is due to women having a lower center of gravity due to wider hips and greater distribution of weight around the hips and thighs. On account of this significant point, the following dissimilarities are observed: 1) It is easier for women to perform mobility exercises and exhibit actions such as hurdling and the fosbury flop during high jump, while; 2) men are better at events such as long jump, shot put, and hammer throw; 3) the said feature also makes women less susceptible to injuries during the execution of jumps over hurdles, but on the downside, this feature lowers the efficiency of the muscle pull and makes women more prone to muscle injuries and 4) elbows and ankles in the male skeleton are smaller and have a smaller carrying angle as compared to female skeletons. This makes male elbows and ankles stronger. Analysis Physiology is the study of functions of different organs and organ systems in the human body, which body consists of ten organ systems. The bodys overall health is determined by how well these systems function collectively. People are the apex creatures on this planet on account of their highly developed brain, thumb, and communication. The skeletal system consisting of bones and joints is the physical foundation on which other organ systems of the body are rested. It also protects different organs in the body and with the attached muscle system forms the musculoskeletal system that facilitates movement of movable body parts. Due to differences in their biological roles, bones and joints of men and women are slightly different. Men have broader shoulders while women have wider hips. This provides a lower center of gravity for women with greater joint flexibility and better coordination of movement. The same feature, however, makes women more prone to muscle injuries.

British Telecom Essay -- GCSE Business Management Studies Essays

British Telecom My aim in this investigation is to discuss whether or not British Telecom has successfully grown and developed since its Privatisation to compete on a world scale. In addition to this has it any long-term strategies for future growth and development of products. According to the 1996 Budget Red Book, more than 50 major businesses have been privatised since 1979 and the state owned sector of industry has been reduced be two-thirds. British Telecom was privatised in 1984, with no major restructuring. This meant that a public monopoly was transferred directly into private hands, this natural monopoly benefited from having economies of scale. Of course this move had it's advantages but there were also disadvantages. These were mainly among the staff who now had much less of an 'easy time' in work. Not only this but as a result of privatisation the company obviously became cost effective and jobs were lost in order to reduce costs. 'Privatisation is seen as a way of reasserting consumer sovereignty, raising standards of provision, of increasing efficiency and of reducing costs.' There are many reasons to why the Government chose a course of denationalisation. State monopolies create inefficiency, are poor in innovation and restrict consumer choice; instead of the consumer being sovereign, power has been transferred to the state and its bureaucracies. Before privatisation all nationalised companies had to have their expenditure passed by the Treasury, because of this they found it difficult to raise money. During these years almost 250,000 people who wanted a new phone line couldn't get them and BT didn't know what to charge the people who did have them. Privatisation gave companies t... ...nge' from Mercury and have seen their share price rise from an initial 130p back in 1984 to an incredible 1351p now. BT, while being a natural monopoly in Britain realise that their position is being challenged. Although their share of the land-line market has still nearly been all encompassing they have seen that the market as a whole decrease as almost half of the UK population have gone out and bought mobile phones. In answer to this threat BT have taken up a strong position in the mobile phone market themselves, competing alongside the big guns such as Orange and Vodafone. Through several acquisitions they have established themselves as a leading company with 7 million UK customers and very sound plans for the future, which they see as being a unification of the latest mobile phone technology along with the immense power the Internet has to offer.

The Relationships Between Quaker, The Company, And Semiotics :: essays research papers

The Relationships Between Quaker, The Company, and Semiotics For my presentation I have looked at one of Peterborough's oldest and biggest manufacturer, The Quaker company. More specifically the outside and inside of the building. As I was driving towards the building I thought, what was so significant about the Quaker building and how could a picture of a Quaker be so significant in today's culture. I also thought that this whole image of Quaker could not be that overwhelming, however, with great embarrassment I was completely mistaken. This one business and more specifically building has so many signified meanings and linguistic meanings that I did not no where to start from. When I stood at the foot of the hill of the Quaker building I was overwhelmed by the enormous size of it and how it sits on a hill overlooking the north end of downtown Peterborough. I started to think that this is the signifier, it's big and it's on a hill. Now if you think about this for a minute you begin to realize that simply the size and position of this building has many meanings, which are of course subconsciously. The Quaker building has many meanings and therefore the signified list is very long, but first we will look at the signifier. The sign is the word Quaker, plain and simple, and the signifier is Q-u-a-k-e-r. However the word Quaker is not just a word, it means many, many things, which is where the signified comes in. The actual building is huge, which gave me the feeling that they are a successful company and that their product must be all over the world. The building is also white brick. This, without even knowing it gives you a feeling of safety and purity(just as their products should be). Then there is the fact that it is situated on the top of a hill, when you put meaning to this, there is the feeling of greatness and domination. In my opinion these meanings or signified's work like a funnel, they all at first have nothing to do with each other, but when you put them together they all funnel into one thing, a marketing ploy to buy their product. My point is, that they new exactly where to place theirbuilding and what colour to paint it for the sole purpose of selling their products. They new what meanings people would pull from these signs and signifiers. When looking at the word Quaker you get a feeling of comfort. It gives an impression of going back to past times where morals and family values were at

The Progressive Period Essay -- American Government, Roosevelt, Politi

In 1901, America welcomed the youngest president to ever rule, President Theodore Roosevelt. At forty-two years old, the former New York governor dominated the news unlike any previous president had done. His many exploits, such as boxing and horseback riding, led the press to gain interest in him. Known for being very outgoing and likable, Roosevelt used his personality and popularity to advance in his programs. â€Å"His leadership and publicity campaigns helped create the modern presidency, making him a model by which all future presidents would be measured†(524). He felt that the government should take control when states show incompetence in dealing with problems. Roosevelt saw the presidency as a â€Å"bully pulpit.† He believed he could use the media to persuade the public, rather than going to congress. â€Å"By 1900, trusts-legal bodies created to hold stock in many companies-controlled about four-fifths of the industries in the United States†(525). Some trusts used unfair business practices. This gave trusts a bad reputation. There were many trusts that lowered their prices to drive competitors out of the market. These trusts then took advantage of the lack of competition and jacked prices up even higher. Even though Congress passed the Sherman Anti Trust Act in 1890, the act’s indistinct language made enforcement difficult. â€Å"President Roosevelt did not believe that all trusts were harmful, but he sought to curb the actions of those that hurt the public interest†(525). The president’s main focus was filing suits under the Sherman Antitrust Act. Roosevelt made newspaper headlines in 1902 when he ordered the Justice Department to sue the Northern Securities Company, which established a monopoly over northwestern railroads. The Suprem... ...air business practices. The FTC issued over 400 cease and desist orders. Under Taft’s administration, the LaFollette Seamen’s Act was passed in 1915. This law helped improve conditions for sailors in the merchant marine considerably. In 1916 goods manufactured by children were outlawed due to the Keating-Owen Child Labor Act. Child labor was declared unconstitutional in 1918, as was the Chile Labor Act of 1919. Interstate railroads were provided an 8-hour day by the Adamson Act of 1916. The Smith-Lever Act was passed in 1914 during Taft’s presidency. Under the supervision of the Department of Agriculture, this act granted Federal funds to states for farm extension work. Two years later, the Federal Farm Loan Act was passed in 1916, providing farmers with long-term credit facilities similar to those granted business and industry under the Federal Reserve Act.

Judicial review

We repeat these answers here as a convenience to you. IA Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determination is judicial review.The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Mammary . Madison. AAA Jurisdiction To hear a case, a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally, courts apply a â€Å"sliding-scale† standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. A Trial and appellate courts A trial court is a court in which a lawsuit begins, a trial takes place, and evidence is presented. An appellate court reviews the rulings of trial court, on appeal from a j udgment or order of the lower court. AAA Discovery Discovery is the process of obtaining information and evidence about a case from the other party or third parties. Discovery entails gaining access to witnesses, documents, records, and other types of evidence. Electronic discovery differs in its subject-?that is, e-media rather than traditional sources of information, such as paper documents. A Alternative dispute resolution The traditional method of resolving a legal dispute is through litigation. Alternative methods include negotiation, mediation, and arbitration. In negotiation, the parties attempt to settle their dispute informally without the involvement of a third party acting as mediator. In mediation, the parties attempt to come to an agreement with the assistance of a neutral third party, a mediator, who does not, however, make a decision in the dispute. In arbitration, a neutral third party or a panel of experts hears a dispute and renders a decision.Answers to Critical T hinking Questions in the Features Beyond Our Borders-?critical Thinking (Page 76) One of the arguments against allowing Shari courts in the United States is hat We would no longer have a common legal framework within our society. Do you agree or disagree? Why? Arguments in favor of allowing Shari courts-?or at least permitting the application of Shari principles in disputes in U. S. Courts or in alternative methods of dispute resolution-?include the legal and cultural principle of giving effect to agreements.If the parties to a dispute have agreed to a certain set of standards to govern their situation, those standards could be applied. This would not undercut our common legal framework, but reinforce it. Arguments against allowing Shari courts or reminisces in the United States would most likely center on the conflicts between Shari tribunals and standards and state or federal authority, governmental bodies, or law. Adapting the Law to the Online Environment-?critical Thinking (Pag e 83) How might a large company protect itself from allegations that it intentionally failed to preserve electronic data?A corporation might defend against charges of intentional destruction or loss of data by showing, for example, that the absence is due to the implementation of a policy to periodically purge electronic systems. Such charges might be avoided by not destroying he data but instead storing it. Questions in the Cases Case 3. 1 -?Critical Thinking (Page 69) Ethical Consideration Was it fair for the North Carolina courts to require a New Jersey company to litigate in North Carolina? Explain. Yes, it was fair to require Independence to litigate in North Carolina.The courts ruling did not offend â€Å"traditional notions of fair play and substantial justice† because Independence purposely availed itself of the privilege of doing business in North Carolina. Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling ore than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute. Case 3. 2-?What If the Facts Were Different? Page 73) Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private investigator). Would the court still have found that it had personal jurisdiction over Hugging? Why or why not? The single sale to a resident of the district, Gucci private investigator, helped the plaintiff establish that the defendant ‘s Web site was interactive and that the defendant used the Web tit to sell goods to residents in the court's district.It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum conta cts with the forum, such as by selling goods within the forum. Case 3. 3-?Critical Thinking (Page 90) gal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitration?If all states could pass statutes like the one in Texas, many parties would probably be less inclined to transact business. An arbitration provision allows a party to limit the burden and expense of settling any disputes. If another party could freely void such an agreement, there would be a greater risk of arbitration in an inconvenient forum, costly formal litigation, or both. That risk increases the perceived costs of doing business, making the business opportunity less attractive. Thus, many parties may decline to enter contracts without enforceable arbitration provisions.Answers to Questions in the Reviewing Feature t the End of the Chapter IA. Federal jurisdiction The federal district court can exercise jurisdiction in th is case because the case involves diversity of citizenship. Diversity jurisdiction requires that the plaintiff and defendant be from different states and that the dollar amount of the controversy exceed $75,000. Here, Garner resides in Illinois, and Foreman and his manager live in Texas. Because the dispute involved the promotion of a series of boxing matches with George Foreman, the amount in controversy likely exceeded the required threshold amount. A. Original or appellate jurisdiction Original jurisdiction, because the case was initiated in that court and that is where the trial will take place. Courts having original jurisdiction are courts of the first instance, or trial courts-?that is courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are the trial courts, so the federal district court has original jurisdiction. AAA. Jurisdiction in Illinois No, because the defendants lacked minimum contacts with the state of Illinois.Because the defendants were located out of the state, the court would eave to determine whether they had sufficient contacts with the State for the Illinois to exercise jurisdiction based on a long arm statute. Here, the defendants never came to Illinois, and the contract that they are alleged to have breached was not formed in Illinois. Thus, it is unlikely that an Illinois state court would find that sufficient minimum contacts existed to exercise AAA. Jurisdiction in Nevada Yes, because the defendants met with Garner and formed a contract in the state of Nevada.A state can exercise jurisdiction over out-of-state defendants under a long arm statute if the defendants had sufficient contacts with the State. Here, the parties met and negotiated their contract in Nevada, and a court would likely hold that these activities were sufficient to justify a Nevada courts exercising personal jurisdiction. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter In this age of the Internet, when people communicate via e-mail, tweets, Backbone, and Keep, is the concept of jurisdiction losing its meaning?Many believe that yes, the idea of determining jurisdiction based on individuals' and companies' physical locations no longer has much meaning. Increasingly, entrants are formed via online communications. Does it matter where one Of the parties has a physical presence? Does it matter where the e-mail server or Web page server is located? Probably not. In contrast, in one sense, jurisdiction still has to be decided when conflicts arise. Slowly, but ever so surely, courts are developing rules to determine where jurisdiction lies when one or both parties used online systems to sell or buy goods or services.In the final analysis, a specific court in a specific physical location has to try each case. Answers to Issue Spotters in the Example Feature at the End of the Chapter IA Sue contracts with Tom to deliver a quantity of computers to Cue's Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. Fifth dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case?Explain. Yes. Submission of the dispute to mediation or nonbinding arbitration is mandatory, but compliance with the decision Of the mediator or arbitrator is voluntary. A At the trial, after Sue calls her witnesses, offers her evidence, and otherwise presents her side of the case, Tom has at least two choices between courses of actions. Tom can call his first witness. What else might he do? Tom could file a motion for a directed verdict. This motion asks the judge to direct a verdict for Tom on the ground that Sue presented no evidence that would justify granting Jan relief.The judge grants the motion if there is insufficient evidence to raise an issue of fact. Answers to Questions and Case Problems Business Scenarios and Case Problems 3-1 A Standing to sue (BELT page 73) This problem concerns standing to sue. As you read in the chapter, to have standing to sue, a party must have a legally protected, tangible interest at stake. The party must show that he or she has been injured, or is likely to be injured, by the actions of the party that he or she seeks to sue. In this problem, the issue is whether the Turns had been injured, or were likely to be injured, by the county's landfill operations.Clearly, one could argue that the injuries that the Turns complained of directly resulted from the county's violations of environmental laws while operating the landfill. The Turns ivied directly across from the landfill, and they were experiencing the specific types of harms (fires, scavenger problems, groundwater contamination) that those laws were enacted to address. Thus, the Turns would have st anding to bring their suit. 3-?AAA Question with Sample Answer-?jurisdiction Marry can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there.Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marry could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship. 3-AAA Discovery (BITE pages 81-82) Under the work-product rule, attorneys are allowed to protect information that they have gathered as a result of their own skill and diligence.For example, an attorney for a party involved in an auto accident can go out to the scene of the accident and observe the fact that there is a stop sign missing without being under any obligation to divulge such information to his opponent in the lawsuit. Similarly, an attorney who discovers a recently ecocide case decision supporting his or her theory is under no obligation to share this discovery with the opposing attorney. If attorneys had to share everything, they would be less inclined to expend efforts on behalf of their clients because, in essence, they would be working for both sides at once. -?AAA Case Problem with Sample Answer-?Arbitration Based on a recent holding by the Washington state supreme court, the federal appeals court held that the arbitration provision was unconscionable (see page 296 in Chapter 1 1) and therefore invalid. Because it was invalid, the restriction on class-action suits was also invalid. The state court reasoned that by offering a contract that restricted class actions and required arbitration, the company had improperly stripped consumers of rights they would normally have to attack certain industry practices.Class-action suits are often brought in cases of deceptive or unfair industry practices when the lo sses suffered by an individual consumer are too small to warrant a consumer suing. In this case, the alleged added cell phone fees are so small that no one consumer would be likely to litigate or arbitrate the matter due to the expenses involved. Because the arbitration agreement eliminates the usability of class actions, it violates public policy and is void and unenforceable. 3-AAA Venue The purpose behind most venue statutes is to ensure that a defendant is not â€Å"hailed into a remote district, having no real relationship to the dispute. The events in dispute have no connection to Minnesota. The Court stated: â€Å"Looked at through the lens of practicality-?which is, after all, what [the venue statute] is all about-?Nestsg's motion can really be distilled to a simple question: does it make sense to compel litigation in Minnesota when this state bears no relationship to the parties or the underlying events? ‘ The court answered no to this simple question. The plaintiff resides in South Carolina, her daughters injuries occurred there, and all of her medical treatment was provided (and continues to be provided) in that state.South Carolina is the appropriate venue for this litigation against Nests to proceed. 3-AAA Arbitration (BELTS page 85) Arbitration can be compelled under a contracts arbitration clause as long as a dispute involves matters covered by the contract provision. In the set of facts in this problem, the terms of the parties' contract are central to the resolution of their dispute. Under the contract, all claims that PRM has against Premiering go to arbitration because the arbitration clause covers â€Å"all disputes. † That includes allegations of fraud and theft.Such matters can be resolved by arbitration. In the actual case on which this problem is based, the court ruled that PRM had to take all complaints about Premiering to arbitration. On appeal, the U. S. Court of Appeals for the Eighth Circuit affirmed this ruling. 3-A AA Spotlight on National Football-?Arbitration An arbitrator's award generally is the final word on the matter. A court's review of an arbitrator's decision is extremely limited in scope, unlike an appellate court's review oaf lower court's decision.A court will set aside an award only if the arbitrator's conduct or â€Å"bad faith† substantially prejudiced the rights of one of the parties, if the award violates an established public policy, or if the arbitrator exceeded her or his powers. In this problem, and in the actual case on which this problem is based, the NAP argued that the award was contrary to public policy because it required Matthews to forfeit the right to seek workers' compensation under California law. The court rejected this argument, because under the arbitrators award Matthews could still seek workers' compensation under Tennessee law.Thus, the arbitration award was not clearly contrary to public policy. 3-?AAA Minimum contacts (BITE pages 66-68) No. This statement alone was insufficient to establish that Illinois did not have jurisdiction over the defendant. The court ruled that Med-Express failed to introduce factual evidence proving that the Illinois trial court lacked personal jurisdiction over Med-Express. Med-Express had merely recited that it was a North Carolina corporation and did not have minimum contacts with Illinois. Med-Express sent a letter to this effect to the clerk of Cook County, Illinois, and to the trial court judge. But that was not enough.When a judgment of a court from another state is challenged on the grounds of personal jurisdiction, there is a presumption that the court issuing the judgment had jurisdiction until the contrary is shown. It was not. 3-?AAA A Question of Ethics-?Agreement to arbitrate 1. This is very common, as many hospitals and other health-care provides have arbitration agreements in their contracts for services. There was a valid contract here. It is presumed in valid contracts that arbit ration clauses will be upheld unless there is a violation of public policy. The provision of medical are is much like the provision of other services in this regard.There was not evidence of fraud or pressure in the inclusion of the arbitration agreement. Of course there is concern about mistreatment of patients, but there is no reason to believe that arbitration will not provide a professional review of the evidence of what transpired in this situation. Arbitration is a less of a lottery that litigation can be, as there are very few gigantic arbitration awards, but there is no evidence of systematic discrimination against plaintiffs in arbitration compared to litigation, so there may not be a major ethical issue. . McDaniel had the legal capacity to sign on behalf of her mother.Someone had to do that because she lacked mental capacity. So long as in such situations the contracts do not contain terms that place the patient at a greater disadvantage than would be the case if the pati ent had mental capacity, there is not particular reason to treat the matter any differently. Critical Thinking and Writing Assignments 3-AAA Business Law Critical Thinking Group Assignments 1. The statute violates litigants' rights of access to the courts and to a jury trial because the imposition of arbitration costs on those who improve their sections by less than 10 percent on an appeal is an unreasonable burden.And the statute forces parties to arbitrate before they litigate-?an added step in the process of dispute resolution. The limits on the rights of the parties to appeal the results Of their arbitration to a court further impede their rights Of access. The arbitration procedures mandated by the statute are not reasonably related to the legitimate governmental interest of attaining less costly resolutions of disputes. 2. The statute does not violate litigants' constitutional right of access to the courts because it provides the parties tit an opportunity for a court trial in the event either party is dissatisfied with an arbitrator's decision.The burdens on a person's access to the courts are reasonable. The state judicial system can avoid the expense of a trial in many cases. And parties who cannot improve their positions by more than 10 percent on appeal are arguably wasting everyone's time. The assessment of the costs of the arbitration on such parties may discourage appeals in some cases, which allows the courts to further avoid the expense of a trial. The arbitration procedures mandated by the statute are reasonably related to the estimate governmental interest of attaining speedier and less costly resolution of disputes. . The determination on rights of access could be different if the statute was part of a pilot program and affected only a few judicial districts in the state because only parties who fell under the jurisdiction of those districts would be subject to the limits. Opponents might argue that the program violates the due process of th e Fifth Amendment because it is not applied fairly throughout the State. Proponents might counter that parties who object to an arbitrator's decision have an opportunity to appeal it to a court.Opponents might argue that the program exceeds what the state legislature can impose because it does not reasonably relate to a legitimate governmental objective-?it arbitrarily requires only litigants who reside in a few jurisdictions to submit to arbitration. Proponents might counter that this is aimed at the reduction of court costs-?that the statute rationally relates to a legitimate governmental end. An equal protection challenge would most likely be subject to a similar rational basis test. Under these and other arguments, the reduction of court costs would be a difficult objective to successfully argue against.