Institutional Functions and Disparate Connotations - Free Essay Example

Sample details Pages: 6 Words: 1856 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Political Essay Did you like this example? In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s familiar and residing in common law jurisdiction understand civil law to be a private area of law which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion as to why the term creates an area of misconception. Common law emanated from legal developments in early Middle Ages in medieval England, influenced by Anglo-Saxon law which was applied in British colonies. The fundamental reasoning for the system is the doctrine of precedent. In common law jurisdictions such as England and Wales, courts lower in the judicial hierarchy are strictly bound by decisions of senior appell ate courts. This process, termed stare decisis is the crux of system, on the basis that it is unfair to judge similar situations differently. Such decisions are contained within yearbooks/reports termed case law. Civil law within this nature relates to a private category of law which is non-criminal; it is the legal mechanism whereby litigants can have their rights enforced (Slapper Kelly, 2013). Torts, quasi-contract, property are all examples of civil law. Unlike criminal law, the purpose of civil law is not punishment per se, it is, however, concerned with remedying litigants who have been wronged by anotherà ¢Ã¢â€š ¬Ã¢â€ž ¢s act/omissions. Comparing both criminal law and civil law we notice another difference. Unlike criminal law, which evidential standard is based beyond reasonable doubt, the standard of proof in civil litigation is on the balance of probabilities; that is, more probable than not. In this sense, it is generally the claimant whom carries the burden of proof . Nonetheless, there are situations where this may reverse. For example, in a prima facie case, i.e. defamation case, the burden of proof will reverse onto the defendant to refute the claims therein. Civil cases are generally disputes between two parties or an organisation, a party whom commences a case is called the claimant, and the party that the action is being taken against is termed the defendant. If the claimant can prove on the balance of probabilities that the claimant wronged him/her, the defendant will then be liable for a form of compensation which is typically a sum of money. However, where the standard of proof is not met, one will be found not liable. Common law, as opposed to civil law, operates as an adversarial system; a challenge between two opposing adversaries before a judge, who acts as a moderator. In England and Wales, either-way or indictable offences are often adjudicated by a jury of ordinary people who will decide on the facts of the case. The judge then decides the appropriate sentence bases upon the juryà ¢Ã¢â€š ¬Ã¢â€ž ¢s outcome. Another noticeable difference between civil law and criminal law is the parties involved; unlike criminal law, cases are referred to by the parties of the litigation, for example, Smith v Jones. By contrast, criminal law styles cases as R v Jones, à ¢Ã¢â€š ¬Ã…“Rà ¢Ã¢â€š ¬Ã‚  in this sense relating to à ¢Ã¢â€š ¬Ã…“Reginaà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã¢â‚¬Å" Latin for queen. Whilst the United Kingdom (UK) is a signatory to the European Union (formerly European Community), the jurisprudence emanating from the convention generally takes precedence over domestic law where there is a conflict. In addition, the Court of Justice of the European Union is, in theory, formed upon civil law principles, therefore, providing requirement to follow the principle of stare decisis (Slapper Kelly, 2013). Moreover, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s palpable that the deep grammar of the civil law paradigmatic bring s with it perplexing connotations. In a common law jurisdiction, to the reasonably prudent layperson, the term civil law system would confuse. An unindustrialized, and more nuanced view, is that the term does not proficiently distinguish itself, consequently creating a simultaneous area of misperception. Noticeably, there needs to be a more context-specific approach to the terminology that surrounds us. While the area of substantive law implicitly relies on a conception of civil law, its namesake entails a series of complexions particularly to those whom reside in common law jurisdiction. By contrast, the term civil law further relates to jurisdictions who do not apply a common law approach, instead applying comprehensive coding and scholarly texts to proceedings allowing courts to adjudicate more liberally. Nevertheless, consistency and certainty of the law must be fortified. Civil law is developed from Roman law, built by the Emperor Justinian in the sixth century, CE (Bamford , Tayleur and Verlander, 2013). Whilst common law relies on judicial precedent, the legal traditions in Europe, non-common law jurisdictions or non-Islamic countries give less weight to precedent, applying scholarly literature, legislative enactments and comprehensive coding to evaluate jurisprudential conditions. Such codes differentiate between categories of law: substantive law evaluates which acts are subject to criminal prosecution, procedural law establishes the technical aspects and prescribes which actions are to be construed as a criminal act, and penal law establishes the appropriate punishment. A well-worn example of the paradigm is the inquisitorial nature of a civil law system. Analogously, it is evident that the initiation of litigation segregates between the two jurisdictions. Whereas in common law jurisdiction it is the prerogative of a prosecuting authority (or sometimes individual), in civil law jurisdiction it is generally the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s role t o initiate proceedings, provide formal charges and investigate the matters therein. Nonetheless, s/he is bound to conform to a framework of established and systematic set of codified laws. For example, in France, the Napoleonic code forbade judges from pronouncing general principles of law. Moreover, in analogy to common law, continental systems do not use jury trial, nevertheless, appoint judges who are appointed due to their area of expertise, not impartiality. There are, however, jurisdictions which rely on a pluralistic system; that is, they are mixed. For example, Malta is a country of mixed jurisdiction, compromising of a civil and common law one. Whilst the code was highly predisposed from the Code de Napoleon and Italian Civil law, British influence, including all colonies were influenced by English common law, particularly in Public law. Similarly, Quebecà ¢Ã¢â€š ¬Ã¢â€ž ¢s juridical nature relies on a mixture of common law and civil law where appropriate. The system, ho wever, emanated following the 1763 Treaty of Paris which bestowed French Canada to Great Britain. However, the Quebec Act 1774 was implemented to ensure the system was pluralistic in nature, relying on English Common law, and civil law based on the Coutume de Paris. In conclusion, it seems fair to say that the term civil law carries perplexing connotations. Within its peculiarly jurisprudential origins, civil law encompasses adjudication by means of comprehensive legal codes. However, the term civil law in common law jurisdiction pronounces a mechanism whereby one can have their rights enforced in a court of law should they be wronged by another. Perhaps the most concise, intricate conclusion is that both legal systems provide great disparity within their approaches, and a more context-specific approach should be adopted to dispel any complexities within their ornate origins. Question 2 Driving without insurance Driving without insurance is a strict liability offence, me aning intention is not required in order to be convicted. Driving without insurance is a criminal offence pursuant to the Road Traffic Act 1987 s.143 (1) (a); the law requires a driver to have at least third party insurance in place before driving or parking a vehicle on a public highway. The penalties for driving without insurance are between 6 and 8 penalty points and a means-tested fine of up to  £5000. However, the police do, in limited circumstances, have the authority to issue a  £200 fixed penalty notice and six penalty points. That said, by not having insurance, Rex has exposed himself to civil liability under the tort of negligence. A pedestrian can claim compensation under the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s agreement with the Motor Insurersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Bureau (MIB) where the opponent is uninsured. It should be advised that although Rex does not carry insurance, that does not preclude action. The MIB will evaluate the claim, and look for recompense, th erefore if Rex holds particular assets, a judgment can be enforced to levy said assets. Although the police may agree, the standard of proof is on a balance of probabilities which means the claimant will carry the burden of proving liability. Tablet Computer With reference to the tablet computer, whilst warranty may provide protections, as a matter of law the Sales of Goods Act will provide protection. Under the Sale of Goods Act 1979 (as amended), goods must be (1) as described; (2) of satisfactory quality;and (3) fit for purpose. Within the first six months, the burden lies with the retailer to provide the problem is not caused by a manufacturing default. Thereafter, the burden reverses on the customer. In addition, EU directive 1999/44/EC gives consumers a two-year warranty on new goods brought from retailers. When returning goods, the directive does not require the buyer to show the fault is inherent in the product and not down to their actions. Loud music Loud music w ithin a home can be classed as a statutory nuisance. Naturally, one has the right to enjoy the luxury of their possessions; however, the balance shifts between this, and the neighbours right to enjoyment. By virtue of theEnvironmental Protection Act 1990, local authorities are obliged to take action to investigate complaints of nuisance noise made by residents. Where one is found to be causing statutory noise nuisance, they will issue a noise abatement order. Furthermore, in England, the common law tort of private nuisance may apply. That is, the unreasonable interference with the use and enjoyment of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. Such litigation looks at the realms of the standards of the average person. Nuisance claims are of strict liability; that is, it negates the requirement for negligence or tortious intent. The cases of Jones v Powell and Rylands v Fletcher set forth the requirements for such a claim for a potential claim, on the basis that said neighbourà ¢Ã¢â€š ¬Ã¢â€ž ¢s enjoyment of property was interfered with. Contract Claim By virtue of English contract law, there has to be an offer, acceptance and consideration with an intention to create legal relations. In order to have a legally binding contract, there has to be a meeting of the minds and an intention to create legal relations. From the narrative, it would appear that the requisite intentions of contract formation have not been met, therefore Rex would have no claim in contract. Bibliography Bamford, K., Tayleur, T. and Verlander, S. (2013). 17th ed. Oxford: Oxford University Press, p.56. Slapper, G. and Kelly, D. (2011). English legal system, 2011-2012. London: Routledge. Cases Rylands v Fletcher [1868] UKHL 1 Legislation Road Traffic Act, c.52. Available at: https://www.legislation.gov.uk/ukpga/1988/52/contents (Accessed: 24 October 2014) Sales of Goods Act 2979, c.54. Available at: https://www.legislation.gov.uk/ukpga/1979/54/contents (Accessed: 25 October 201 4) EU Legislation Directive 1999/44/ec of the European parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantee: Available at:https://eurex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:31999L0044from=EN (Accessed 24 October 2014) Don’t waste time! Our writers will create an original "Institutional Functions and Disparate Connotations" essay for you Create order

Obesity The Country Of Fast Foods - 1788 Words

According to Food Research and Action Center obesity has increased more than doubled in children and adults since the 1970s (National Center for Health Statistics, 2009). Yet, people don’t want to admit that this is a serious issue in our society. When we think about obesity the first country that comes to everyone’s mind is of course United States, the native country of fast foods. Although United States is one of the most progressive countries in the entire world, yet it has the biggest rate in obesity in young people as well as in adults. So it is not a secret that American community is known and considered the most unhealthiest people in the planet. Just think about, fast food chains are always in every single corner wherever you go and water has been replaced by soda. This country lives on the life â€Å"to go† which means always in a hurry and not having time to make their own food at home. Microwavable lunch are the easier way during a busy day for most people and in the end of the day eating fast food all day is more affordable. However, if people will be motivated by different types of commercials on the radio or television, people will learn how to eat right and find a better way to protect their own health. Burger King, Wendy’s, Popeyes, Mcdonald’s, Arby s these and many more corporations like these ones have become household names in our world. Each and every of these companies operates an unique mission which is served a filling meal for a very low cost and ofShow MoreRelatedThe Obesity Epidemic in America Essays1082 Words   |  5 Pages Obesity among Americans has been a growing issue in the United States predominantly over the past decade. Many may argue American’s are obese because of poor food choices, over-eating, genetic disposition, lack of exercise, or the environment which one lives, while others blame it all on fast-food chains and restaurants. Throughout my research I have come to find a lot of facts and statistics about fast food consumption causing obesity. Statistics show that without a doubt the United States isRead MoreRelation Between Fast Food Restaurants and Obesity1195 Words   |  5 Pagesï » ¿Fast Food Restaurants and Obesity Introduction The combination of increasingly sedentary lifestyles, two-income families with children, busy single professionals and the proliferation of fast food restaurants in recent years has created a perfect storm of obesity in the United States as well as a number of other countries. Further exacerbating the problem is the lack of nutrition and high levels of fat content in many fast food restaurant products, making their consumption a high-risk activityRead MoreWho Can We Blame?1392 Words   |  6 Pagesbeen a victim of the so called â€Å" fast food obesity outbreak†? You re not the only one. 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Research Project Assignment free essay sample

Interview team members to clarify and provide insight into conversations. I will attempt to conduct these interviews shortly after conversations of interest. While the interviews will not be formal or structured, the kinds of questions I will ask include the following. The general strategy for the interviews is to start off with broad questions and follow up on the interviewee’s responses, to capture her or his meanings and to avoid imposing my meanings on the interviewee. 4. Undertake a situational analysis of the field notes and interview notes 5. Write a research report P3 Time line for the research: Prepare proposal by 1 April Complete literature review by 15 April Complete fieldwork by22 May Complete analysis by 29 May Give presentation on 3 June Complete final report by 16 June P4 Ethical Guidelines: Ethical guidelines were followed to ensure the confidentiality of the participants. The names of the businesses remained confidential and were not recorded with the responses. The research did not present any harm or risk to the participants, and each participant was informed of the goals and procedures of research through the distributed cover letter. The reporting method was explained on the last page of the questionnaire. The participants were given a telephone number to call if they had any additional questions about the project. P5 Primary and secondary research relating to the proposal: In my research work I will not use any secondary data or information and instead where I will use my findings out of my primary research. The purpose of this survey is to establish a better understanding of the local business opinions of the Community Events War Chest and to discover the degree of support or of opposition to this account. The Community Events War Chest account was first examined through board meetings, where members and representatives met to discuss the status of the account. They found that quantity and quality of information needed to correctly estimate local business interest in the Community Events War Chest could not be obtained through committee or member meetings. The purpose of this survey is to find the needed information to assess whether or not the account should be maintained. P6 Describe and justify the chosen methodology: The questionnaire used in this survey contains three interrelated sections. The first section is designed to identify the type of business and to gauge its involvement in Missoula community events. The second section focuses on the participant’s perception and knowledge of the Community Events War Chest. The third section assesses the willingness to donate to the Community Events War Chest. Open-ended questions are also posed to give the participants a chance to write down their own thoughts and suggestions for the types of events the businesses would like to see come to Missoula and the overall opinion of the Community Events War Chest. P7 Prepare for the research project process and action plan with supervisor: The businesses that responded to the survey consisted of 42. 9% restaurant, 35. 7% sporting goods/retail/grocery, 7. 1% hotel/motel, and 7. 1% other businesses. The participants were asked to rate their involvement in the community on a scale of one to four. Fourteen point three percent of the respondents claimed that they never attended events, and another 14. 3% said that they rarely attended events. There were, however, 50% of the respondents that indicated they occasionally attend events, and 21. % that say they attend events frequently. Participation in community events was also examined. We found that 21. 4% of the respondents never participated in community events, while 42. 9% of the population rarely participated in events. It was interesting to find that only 14. 3% of respondents occasionally participate in community events, and only 21. 4% claim that they frequently participate in community event s. The survey also indicated that respondent activity as volunteers for community events was comparable to the other sources of involvement. The category of volunteering includes things such as working at events, or planning events. Thirty-five point seven of the participants say they never volunteer, and 35. 7% say they rarely volunteer during events. The percent of respondents who occasionally volunteer is 28. 6% and no one responded that they frequently volunteer for community events. When asked how often they sponsored events, respondents indicated that 57. 1% frequently helped sponsor events. This sponsorship includes things such as finances and supplies donated to the event. This contrasts with the lack of involvement respondents indicated in the previous questions. Fourteen point three percent reported they did not ever sponsor events, 7. 1% rarely sponsored events, and 21. 4% occasionally sponsored events. The following table shows respondents’ answers to each of the four questions about community involvement. Never RarelyOccasionallyFrequently Attends Community Events14. 3%14. 3%50%21. 4% Participates in Sporting Events21. 4% 42. 9%14. 3%21. 4% Volunteers at Community Events35. 7% 35. 7%28. 6%0% Sponsors Community Events14. % 7. 1%21. 4%57. 1% P8 Monitor and revise schedule: This report includes four sections describing the process, findings, interpretation of results, and an appendix. The first section of this report focuses on the methods used in the survey. It includes the questionnaire design, methods, and ethical guidelines. The second section is devoted to the results and findings. This section provides a descriptive summary of the inform ation gathered from the surveys and the interpretations of the results according to the information provided by the local businesses. The third section discusses, explains, compares and interprets important results. This gives the Missoula Area Chamber of Commerce the needed information to better serve the needs of Missoula. The final section of the report is an appendix, where the reader is provided with verbatim copies of our cover letter, survey questionnaire, and other materials. P9 Collect and review data using appropriate methods: To obtain the data, a survey was mailed to a sample of ninety-six local businesses in and around the Missoula area. The participants were first mailed a cover letter and questionnaire. The cover letter explained the purpose of the survey and importance of prompt return. The cover letter also provided an explanation of procedures used to guarantee confidentiality and stated that the survey would only be used to assess the opinions of the participants and not to solicit funds. Instructions indicated that the survey could be faxed or mailed back to the Missoula Area Chamber of Commerce by the participants. A follow-up notice was sent in the form of a postcard one week after the initial mailing, reminding the participants of the importance of their involvement in the survey. P10 Analyze and interpret qualitative and quantitative data: The results also indicate that 35. 8% of the sample was familiar with the Community Events War Chest, and 57. 1% was not familiar. The remaining 7. 1% indicated that they were unsure about their familiarity. Twenty one point four percent of the sample reported that they would be willing to donated funding to the Community Events War Chest in the future, 35. 7% said that they were not interested in contributing to the fund, and 35. 7% said they might consider donating to the account if they had more information. The survey also asked the participants which donation method is preferred. From this section of questions, 41. 7% of respondents indicated that they were not considering donating to the Community Events War Chest, 25% of respondents said they were willing to donate after the effects of the events had been assessed by their business. The other categories of donation methods each had a 16. 7% response. P11 Record findings in an accepted format: CountPercent of Respondents Businesses Not Considering Donations541. 7 Preference of Donating a Percentage216. Preference of Donating a Lump Sum216. 7 Preference of Donating a Lump Sum216. 7 Preference of Donating after Effect325. 00 From the above table section of questions, 41. 7% of respondents indicated that they were not considering donating to the Community Events War Chest, 25% of respondents said they were willing to donate after the effects of the events had been assessed by their business. The other categories of donation methods each had a 16. 7% response. P12 Present and summaries the findings use suitable methods: The above pie chart shows percentage of the suggested event categories out of the participant, where I found 31% of the participant suggested only sports and Sports Arts, only Arts 15%, other 8% and not interested is 15%. P13Evaluate the methodology used and critically analyzes the findings: The open-ended questions gave the respondents a chance to respond to the questionnaire in their own words. The questions asked what sort of events the respondents would like to see brought to Missoula. Twenty eight point ix percent responded that they would like to see more sporting events and 14. 3% suggested art events, such as concerts and art shows, and 28. 6% indicated that they would like to see a combination of sporting events and art events. The remaining 7. 1% indicated other events, and 14. 3% said they were not interested in seeing events brought to the Missoula area. Overall, 50% of the respondents indicated a positive opinion of the Community Events War Chest. Twenty eight point six percent of the participants held a neutral opinion, and 14. % expressed a negative opinion about the Community Events War Chest. P14 Proposed recommendation based on findings: In order to achieve an accurate sample for the survey, the systematic sampling method was utilized. The sampling frame was chosen by determining which businesses were potentially affected by the Community Events War Chest. The following chart illustrates the number of respondents for each business category. This included the categories of restaurants, hotels, sporting goods, retail stores, bars, and taverns. From a sampling frame of 478 businesses, 96 were randomly chosen for our sample by taking every fifth business from my sampling frame. Conclusion: The results indicate that the local businesses generally support the Community Events War Chest. However, the response rate to the survey was low. After sending out 96 surveys to Missoula businesses and only receiving 14 in return, we could only conclude that either business was uninterested or that they were unaware of the implications of the Community Events War Chest. Other factors, such as the lack of a self addressed stamped envelope, or a lack of general information regarding the Community Events War Chest, may have also been responsible. Due to the low response rate, there can be no strong conclusion drawn from the results of the survey. However, these surveys may have increased the awareness of this fund in the local business community. Bibliography: †¢nces. ed. gov †¢Lecture notes †¢jnto. org

Ski Resorts Management Essay Example Essay Example

Ski Resorts Management Essay Example Paper Ski Resorts Management Essay Introduction This is achieved through answering several important questions. First of all, the environment surrounding ski resorts is examined and how they have been affected by changes that have occurred since 1970’s. Next, the business reactions of ski resorts in order to adapt to these changes are discussed, as well as the greater importance of management comparing to past years. The third part discusses different competition that resorts on the west and east coasts of the USA are facing. Moreover, the impact of European competition to east coast resorts is examined, as well. In the end, different forecasts for further changes in ski resorts business environment are provided, as well as several suggestions for actions that can be taken in the near future. Question 1: What are the most important changes in the environment that have contributed to the drop in revenues? In 1970’s, ski industry in the United States experienced great market expansion. However, the preceding years brou ght numerous problems and significant decrease in profits as the business environment of the ski resorts was changing. In order to better understand this issue, several factors need to be considered. To begin with, one of the main changes that contributed to profit decrease of ski resorts is certainly the one of customer age. Results of research showed that the average age of customers has risen. (Anon, 2007) This was mainly due to ageing of people who were born in period from 1946 to 1964, or so called ‘Baby Boomers’. These people came to an age when they had more responsibilities, work and family obligations being some of them. Ski Resorts Management Essay Body Paragraphs For this reason, they had less time and money which could be spent on holidays. This has lead to a great decrease in the number of customers and ski resorts had problems reacting to this occurrence. (Anon, 1997) Problems began to increase as numerous resorts had more facilities than needed and low level of management lead to disaster of many resorts. According to research, the number of ski resorts is decreasing which leads to increased competition and cost of doing business. (Randall, 1996) To continue, the climate change is another major factor affecting the business of ski resorts. The increased emission of Greenhouse gasses causes global warming which is a great threat to extremely weather-dependant ski industry. Winters are becoming more and more warmer, which affects skiing seasons which are shorter with interruptions and less snow. Finally, trends are constantly changing and this also affected the business of ski resorts. For instance younger generations prefer playing compute r games and surfing on the internet to skiing or doing any sport. Furthermore, the popularity of skiing dramatically decreased within young generations as nowboarding emerged and took most of their attention. (Palmeri, 2005) All this lead to a state that most of skiers were of older age, and as mentioned above, these people didn’t have as much time for skiing holidays as when they were young. Question 2: Why is management a more important success factor for ski resorts now, compared to 20-30 years ago? As Ski resorts in the USA started to experience great losses in 1980’s due to changes in the environment, they had to adapt to these changes in order to survive and remain competitive in the industry. For this reason, management began to play a very important role in the business of ski resorts which started to get more involved in its main activities which are planning, leading organizing and controlling. To begin with, the first major issue that had to be considered wa s the ageing of customers. As average customer age significantly increased, the managers of resorts had to find a way to attract these customers. First of all, since the new average customer base consisted mostly of people who are married with children, ski resorts had to adapt their facilities and offers to needs of such customers. For this reason, various family discounts and family packages started to be offered in tourist agencies. Moreover, resorts started offering ski schools for children and families as well as many other activities that can keep children occupied while their parents are skiing. (Folmer, 2005) Furthermore, the needs of customers have significantly changed not only in relation to customer age. In contrast to 1970’s and 80’s when skiing was the only reason for customers to visit resorts, today various interesting non-skiing activities need to be offered in order to attract them. This is why facilities like adventure parks, cinemas, theatres, shopp ing centers and other can be found as part of tourist offer of ski resorts. Further on, resorts needed to adapt to growing popularity of snowboarding. For this reason, many resorts invested in building snowboard tracks and special stunt areas in order to attract younger customers who are very fond of this extreme sport. (Palmeri, 2005) Next, another trend could be observed that people belonging to Baby Boom Generation started increasingly buying properties on mountains for their holidays. For this reason, resorts started to get involved in the real-estate business by building such properties like condos hotels etc and offering them to the market. (McGinn, 2005) To continue, advancement of technology and evolvement of internet are other factors that affected business of ski resorts. Today, large investments are being made by ski resorts for modernizing facilities, building newer and faster ski lifts etc. Furthermore, internet advertising is becoming increasingly used by resorts. Cust omers are offered today to make online reservations, inform about weather conditions and forecasts and receive e-mails about new special offers and discounts from ski resorts as part of their customer service. (Bryson, 2002) Finally, managers of ski resorts are perhaps experiencing greatest problems with an issue of climate change and global warming. Numerous resorts in USA have adopted the ‘Sustainable Slopes’ Charter and many of them are involved in the ‘Keep Winter Cool’ campaign. Anon, 2007) This shows that resorts are trying to battle global warming by decreasing their emission of Greenhouse gasses and improve their image as good corporate citizens since many environmental organizations have been accusing them for polluting the environment. Question 3: How is competitive environment of the resorts on the east coast different from that in Colorado? What should the east coast resorts pay particular attention to? The next issue to be discussed is the diff erence between competitive environments of Colorado and the east coasts ski resorts. First of all, Colorado has a reputation of one the most attractive skiing locations in the world. With 26 top-class resorts, 6 of them being in the top 10 in the USA, Colorado attracts each winter large number of customers from all over the world. Among many advantages of Colorado are its long winter seasons and great range of vacation opportunities for customers in relation to their skiing skills, income or family status. Nevertheless, Colorado is mostly known for top class resorts offering great service and many different non-skiing activities which round an unforgettable experience for each customer. Weiss, 2002) Perhaps the most known resort in Colorado is Vail which belongs to Vail Resorts Corporation. (McGinn, 2005) There are several corporations owning a number of resorts and there is a great competition between them as they are under pressure to introduce new innovative activities and offers each year in order to attract more customers. While Colorado has an image of high-class skiing destination, resorts on the east coast of USA are experiencing many difficulties when trying to attract customers. First of all, these resorts are of much smaller size than those in Colorado and they have shorter seasons with less snow. Anon, 2007) However, they known for beautiful natural sights and this is why they are mostly offering family experience at low price. Furthermore, east coast resorts are experiencing strong competition not only from Colorado, but also from resorts in Europe which are improving their offers each season. Resorts in France, Austria or Switzerland are offering great experience at accessible prices and, therefore, many people from USA are deciding to try European tracks. For this reason, east coast resorts are losing customers, even though they are offering lower prices than Colorado resorts. They will need to come up with new ideas in order to retain their cus tomers and attract new ones. Question 4: What possible changes in the environment do you believe will take place in the next few years? Taking into consideration all the above discussed issues, certain assumptions about the future of ski industry can be made, as well as suggestions for future management actions to be taken. To begin with, as competition is getting stronger and many smaller resorts fail, it can be expected that the number of ski resorts will continue to decrease making battle for survival take greater measures. Various innovations and interesting new offers can be expected, as managers of resorts try to find new customers and keep competitive position in the industry. It can certainly be anticipated that resorts will try to reduce their dependence on skiing by developing and offering a variety of non skiing activities, as it is planned in Vail Resorts, for example. (Folmer, 2005) Furthermore, greater focus on younger generations can be expected, as managers try to ga in more customers belonging to this market segment. This can be done through greater involvement in extreme sports, organizing competitions and building more terrain and tracks for snowboarding and similar sports. Finally, the greatest focus can b expected on fight against global warming. Many resorts are already investing in artificial snow making technology as seasons are getting shorter. Furthermore, resorts will put greater effort in order to reduce emissions of Greenhouse gasses, and greater involvement and support for organizations that are fighting global warming. In the end summer offers can be expected as an alternative for shorter winter seasons and a way for covering losses endured due to this problem. Conclusion To sum up all the above mentioned, the environment of ski resorts in the USA has changed significantly since 1970 and it brought numerous problems to resorts resulting in decreased profits and failure of great number of them. Managers of resorts had to come up wi th ideas how to adapt to these changes in order to survive and remain competitive in the industry. For this reason management took over a highly important role in business of ski resorts, and its improvement was necessary. Further on, competition is very strong among resorts in the USA. However, unlike Colorado which has a world class image, resorts on the east coast are experiencing increased competition from European resorts, and they will have great difficulties in finding ways to keep their customers. Finally, the issue of global warming is forcing ski resorts to find way to keep snow on their tracks or to find alternatives to short winter seasons. All in all, management can be expected to become of greater importance as the number of ski resorts keeps decreasing and competition among the remaining ones becomes We will write a custom essay sample on Ski Resorts Management Essay Example specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Ski Resorts Management Essay Example specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Ski Resorts Management Essay Example specifically for you FOR ONLY $16.38 $13.9/page Hire Writer

Free Essays on France

France Introduction France, which is the largest nation in Western Europe, is a presidential republic. France is a very important nation in Europe and it continues to be involved in contemporary policy issues. Helping the world as one of the great trading nations, France is a very important trading partner with the United States. Not only is France important to the United States, they are also important to countries all over the world. Their abundance of both mineral and agricultural resources make them a very important supplier of products all over the world. I chose to report on France because it is an interesting county and I wanted to learn more about it. Geography France is located in Western Europe and has an area of approximately 211,000 square miles. Along with being the capital, Paris is also the largest city in France. Spain borders France in the south, Italy and Switzerland in the east, and Germany, Luxembourg, and Belgium in the northeast. The French Alps are located in the east where snow capped peaks, such as Mont. Blanc reach heights of 15,781 feet. About one-half of France’s total border is formed by coastline, with the Mediterranean Sea on the Southeast and the Atlantic and the English Channel on the west and northwest. Many rivers and canals run through France forming a vast network, tying different regions and cities together. The Seine is the country’s largest navigable river. It flows northwest from eastern France through the city of Paris, and empties into the channel at Le Harre. The Rhone River is the largest in the country in terms of volume of discharge. Along with its tributaries, it drains the Fre nch Alpine region. Although France has many rivers, it only has a few lakes. One of the lakes in France is Lake Geneva (also known as Lake Leman), but in lies mainly in Switzerland. France is richly endowed with an excellent balance of both mineral and agricultural resources. Th... Free Essays on France Free Essays on France France Introduction France, which is the largest nation in Western Europe, is a presidential republic. France is a very important nation in Europe and it continues to be involved in contemporary policy issues. Helping the world as one of the great trading nations, France is a very important trading partner with the United States. Not only is France important to the United States, they are also important to countries all over the world. Their abundance of both mineral and agricultural resources make them a very important supplier of products all over the world. I chose to report on France because it is an interesting county and I wanted to learn more about it. Geography France is located in Western Europe and has an area of approximately 211,000 square miles. Along with being the capital, Paris is also the largest city in France. Spain borders France in the south, Italy and Switzerland in the east, and Germany, Luxembourg, and Belgium in the northeast. The French Alps are located in the east where snow capped peaks, such as Mont. Blanc reach heights of 15,781 feet. About one-half of France’s total border is formed by coastline, with the Mediterranean Sea on the Southeast and the Atlantic and the English Channel on the west and northwest. Many rivers and canals run through France forming a vast network, tying different regions and cities together. The Seine is the country’s largest navigable river. It flows northwest from eastern France through the city of Paris, and empties into the channel at Le Harre. The Rhone River is the largest in the country in terms of volume of discharge. Along with its tributaries, it drains the Fre nch Alpine region. Although France has many rivers, it only has a few lakes. One of the lakes in France is Lake Geneva (also known as Lake Leman), but in lies mainly in Switzerland. France is richly endowed with an excellent balance of both mineral and agricultural resources. Th...

Should Capital Punishment be Aboloshed essays

Should Capital Punishment be Aboloshed essays With the passage of time there has been softening of Penal Cod. Not long ago death penalty was inflicted fron numerous offences. In England death by hanging was a legal punishment for no less than two hundred offences, even for such minor offences as stealing a sheep, poaching or pick-pocketing. With the dawn of modern civilization a realization has dawned upon the people that severity of punishment is a relic of barbarism. It was Sir Robert Peele, the British Home Secretary, who revised the Penal Code in 1923 and slashed the number of capital offences to only two: murder and treason. In countries like Holland and Italy capital punishment has been abolished altogether. In France and Belgium it ha not been enforced over the last so many years. The main argument of those countries which have abolished it or ontend to do so, is that it is irrevocable.No judge, howsoever honest or conscientious he may be, can claim to be infallible. Terrible blunders are likely to be committed by even the most seasoned judges in sensitive cases like murder or treason. The alleged culprits have been condemned to death and executed, whi afterwards, but too late, proved to be innocent. If life-imprisonment had been awarded for murder, the victims of these miscarriages of justice, could, at any rate, have been released and compensated for wrongful conviction. But nothing can be done when the convicted person has been hanged. There are some people who hold that the abolition of capital punishment would encourage the criminals to commit murders with impunity. The softening of the penal code would lead to an increase in the incidence of crime. But the crime situation in Italy and Belgium where death penalty has been done away with is rather on the decline. Indeed over-severity has often increased crime by marking criminals desperate. Those who are in favour of retaining capital punishment say that the death penalty is logical outcome of a henious crime li ...

Cardiorespiratory endurance training program Essay

Cardiorespiratory endurance training program - Essay Example It is done to improve the body’s capability to transport oxygen and nutrients to different tissues in the body. It is also done to improve the removal of wastes from the body. The body will be able to do this over sustained periods of time. Because of this, a cardiorespiratory endurance training program can help reduce the risk of diseases like heart attack, atherosclerosis, hypertension, and stroke. The cardiorespiratory endurance training program can be done three to five times a week. It should be done at a slow and steady pace in an intensity that will drop heart rate to 60 to 75% of the maximum. As with any training program, it is important to be checked by a doctor to know if you are fit to use the cardiorespiratory endurance training program. This program usually mixes a number of workouts to maximize the body’s endurance and overall fitness level. For my personal training program, I have considered a four-day per week training program that will improve my physical fitness. On the first day of training, it will target the upper body. It will include Incline Dumbbell Press, Push Up, Seated Shoulder Press, Tricep Pulldowns, Incline Dumbbell Curls, and Lateral Pulldowns. These exercises will be composed of three sets with twelve repetitions per set. The second day of training will be devoted to a cardiovascular activity. I can choose from a 20 minute run or a 30 minute swim or 30 minute cycling, depending on which activity is more appropriate for that day in terms of equipment availability and weather conditions. The third day of my training will concentrate on my lower body by doing Squats, Standing Calf Raises, Leg Extension, Seated Calf Raises, Walking Lunges, and Two Foot Long Jump. This will be done again in three sets with twelve repetitions per set. The fourth day of training will be a cardiovascular activity again, choosi ng between a 20 minute run or a 30 minute swim or

Writing inventory (Areas of strength and weakness) Essay

Writing inventory (Areas of strength and weakness) - Essay Example Broad content seems to be relatively self-explanatory as it looks at how well the finished document accomplishes its intent. Organization and presentation seems also self-explanatory as it refers to the way in which the information is presented. Surface areas refers to the basic elements of writing such as grammar, spelling and punctuation. To make this clearer, I will analyze a piece of my own writing regarding broad content, organization and presentation and surface areas to discover those areas in which I am strong and where I can improve. In terms of broad content, I feel my paper on Anne Hutchinson is very strong. It never truly states its purpose, but the introduction makes it clear that the paper is about to present evidence as to why Anne Hutchinson was a woman ahead of her time as the title claims. The paper gives a brief biography of the woman and points out those areas in which she behaved differently from the way women of her time were expected to behave. The paper is clearly addressed to students of history and, as such, offers important information about what was expected of women in this time that a student of the modern age wouldn’t necessarily know. Numerous credible sources are used to illustrate what life was like for women in the Puritan colonies as well as to support the various ways in which Hutchinson struggled against these constraints. Overall, the paper seems very strong in its broad content. In terms of organization and presentation, I have to again say that I feel the paper is very strong. It starts with an introduction that could perhaps be better organized or more focused, but then goes into strong organization and presentation. Each segment is clearly labeled with a sub-heading and the essay follows a roughly chronological structure. From introducing the brief overview of Anne Hutchinson’s life until she moved to America, the essay examines her

Carter Unsuccessful Re-Election 1980s Essay Example for Free

Carter Unsuccessful Re-Election 1980s Essay Why was Carter unsuccessful in his attempt to secure re-election in 1980? Jimmy Carter was the first elected President in half a century who failed to win a second term. His election in 1976 was set during the period of time when people had lost their faith in the presidency. After Nixon’s humiliation considering Watergate scandal and Ford’s simplistic and unenthusiastic govern, people were looking for someone outside Washington’s corruption. Carter seemed a perfect decision , governor of a small state, he appealed to people as the best solution. Nevertheless, as they got what they wanted it turned out to be wrong. They got a person from the outside that had no idea how Washington worked. People believed he was error prone and inexperienced. Carter soon became a joke and was criticized by the society that was not willing to give their votes for his re-election. Carter made several crucial mistakes during his power. From the beginning of his presidency he was accused of micro-management. This was one of his strategic errors, he tried to do too much too quickly and paid attention to small details forgetting the big picture and failing to grasp the complexity of the plans that he proposed. It is said that he managed the rota for the White House personally. An NSC member said: â€Å"If Carter saw a problem he wanted to solve it, and there was all there was to it – no prioritizations†. His short sight pushed the voters away. People were not eager to vote for someone who would get absorbed in small things, rather than looking at serious problems like inflation, which Carter had inherited. His other mistake was rejecting all the help, including Congress’s. Carter had originally run on an anti- Washington platform, of course that was the reason he got elected; nevertheless it is hard to run a country when you have tension between the President and Congress. Therefore Carter never developed a solid base of supporters on Capitol Hill. Speaker Tip O’Neil was willing to help, however Carter who said that he had been a governor and knew how to deal with legislation rejected his proposal. Carter’s poor communication with Congress got him nowhere. Carter failed to get cooperation from Congress to pass certain legislations, such as his energy program. Americans understood that a stubborn President wouldn’t bring any good to the country; Carter’s personal loyalties made voters doubt his wisdom and retrieve their votes for someone better. His other failure overshadowed everything that he has done as a president. The â€Å"Billygate† scandal had harmed Carters reputation and even lowered his chances of being re-elected. He won his first election in 1976 because people thought he was unaffected by Washington’s corruption, however this scandal highlighted Carters use of presidential power in his own benefit. Carter’s older brother Billy was a redneck; who, in July 1980, registered as a foreign agent and received a $220,000 loan from the Libyan government. It raised a political storm and later on through the investigation it was revealed that Carter used Billy’s Libyan contacts to free the Iranian hostages. President Carter was accused of nepotism however public decided that he was incompetent rather than corrupt but this scandal cost Carter his popularity rating and votes. Nonetheless, some of the negative events that occurred during Carters presidency were not his fault yet he got the blame. A first example would be the energy crises, which was beyond Carters control. Increase of car use, one harsh winter and poor relationship with Middle East were the reason for it, but still Carter was accused. Carter attempted to propose energy legislation, however Congress changed it beyond recognition. The only conclusion was to raise the price for the fuel but people were unwilling to go that far. Voters were unimpressed by the President’s handling of this situation, which soon got even worse and caused even more dissatisfaction from people. The second example is the economy, which was the problem throughout Carter’s presidency yet was a mere question of luck. He inherited inflation, unemployment and rising aging population. 63 per cent of the Americans believed that inflation was their greatest concern yet Carter was not managing it; only 32 per cent approved of his actions. The unemployment was rising to 8.2 million and businesses feared that Carter’s energy proposal would damage the industry. Carter did not know how to handle these types of situation; being all his life a governor of small Georgia he now faced a major crisis. Carter was at the top and therefore blamed, he was simply unlucky. Yet this blame and dissatisfaction cost him votes. Carter also displeased the voters with the way he handled foreign policy. As a President, Carter decided that it was morally right to give Panama Canal over to Panama. He did it with little resistance, which displeased voters and Congress. His other mistake was accepting 125,000 Cuban refugees who were dissatisfied with Communist regime, although March 1980 Refugee Act said that no more than 19,000 were allowed to enter. It was morally right to let the people in and perhaps he would have been accused if he closed the doors for them, yet politics sometimes tend to forget about moral rules in times of crisis. With inflation and unemployment, new citizens were only burdens and caused further disagreement with Carter’s way of running the country. His final concern that had taken all Carter’s attention until his last day as a President was the 60 American hostages in Iran. Many Americans felt powerless and 50 per cent of them thought Carter was too soft with Iran. Carter had a choice; either to take hostages back with violence or with negotiation. He chose a more diplomatic way not wanting to risk lives, however back than people disapproved of this act. When finally Carter agreed on the rescue mission, helicopters that were sent into Iran failed. Eight Americans died, one helicopter was lost in sand storm another failed and set the others on fire. Technical and weather problems were not Carter’s fault yet his failed rescue mission caused Carter’s defeat and helped Republican to use the hostage crisis for votes. The final reason for Carters defeat was his opposition. Ronald Reagan was underestimated by Carter, yet adored by the people. The way he presented himself was the way a true President had to be. His lighthearted jokes and charisma made him come across warmer to voters than Carter. Reagan’s rhetorical question â€Å"is America better off than it was four years ago?† was highly effective and the polls showed that he won the debate. Back in 1980, people believed that Carter was one of the worst presidents they had, yet as the years past people began to justify his acts. He was not great but he did what he could, he was just unlucky. His failures were because Washington was unknown to him and he did things how he usually used to do the back in his state. His big mistake was â€Å"Billygate† and economical crisis, which was not under his control. Reagan compared to Carter presented a true picture of successful presidency. Unfortunately Carter was not what people wanted and some of his failed actions cost him his re-election.

Essay --

There is a higher incidence of hypertensive disorder of pregnancy in Black women than in White women. This is possibly related to lower socioeconomic status, their lifestyle and prior undiagnosed preexisting hypertension. Black women have greater risk of hypertensive disorder of pregnancy and preeclampsia than nulliparous White women. Irwin D et al. researched the relationship between race and risk of hypertension disorder of pregnancy in a cohort of active duty military women. Researchers assessed the sociodemographic and reproductive characteristics of Black and White women. It is explained from the results that White women are more likely to be married (75% vs 56%), over the age of 35 (3.4% vs 1.6%), were higher ranked officers (9% vs. 2%) and had education post high school (21% vs 17%). Moreover, it was also suggested that nulliparous have higher risk of hypertensive disorder of pregnancy (Relative risk (RR)= 2.2, 95% Confidence Interval (CI)=1.8 ,2.7), Transient gestational hype rtension (RR= 2.0, 95% CI= 1.5, 2.7) and preeclampsia (RR=2.8, 95% CI=2.0,3.9). Among parous women thi...

Growing up in different times: Heaney and Wordsworth

William Wordsworth grew up in the Lake District in Cumbria, England during the very end of the eighteenth century and early nineteenth century. Here he lived with his aunt and sister. Being surrounded by nature was a huge impact on Wordsworth's life. Nature was everything from his teacher to almost his lover. He gradually grew to believe that nature was God. This idea that was everything for him is demonstrated very well in his poetry. Seamus Heaney was born in Northern Ireland in Derry. He was born before the height of the troubles but did live through a hard life living on a farm in rural Ireland. Living on the farm helped him to grow up and realise what real life was like. He learned things like dealing with death. There are similarities in both poets' writing. For example both people grew up with nature and it was nature that taught them what real life was truly like. There are also differences for Heaney nature was only like a teacher while for Wordsworth nature was even things like his conscience. Heaney grew from fear to confidence. Wordsworth's writing was very philosophical and always contained a much deeper meaning than Heaney's writing did. This is just a few poems from Heaney's anthology Death of a Naturalist. In the poem â€Å"Death of a Naturalist† the change Seamus experiences is one which we all experience yet at the time do not know that it has taken place and probably for some years will not know. The poem begins with a light description of the childhood ritual, collecting frogspawn. Every year he collects â€Å"jampotfuls† to put on shelves both at home and school. Now as Heaney is quite young he would not be aware of how the frogspawn got there. And no one is prepared to truthfully tell him. But his class teacher describes how â€Å"The daddy frog called a bullfrog, And how he croaked, and how the mammy frog Laid hundreds of little eggs.† But of course this is not how it happened and of course eventually one day we all find out about sexuality. Heaney's day came when one year while collecting the frogspawn â€Å"the angry frogs Invaded the flax-dam,† he heard a â€Å"coarse croaking that I had not heard before.† He believes the frogs are beginning to gang up on him to take revenge for all the eggs he has taken but of course nothing of the sort is happening, it is just that all the frogs are having sex. â€Å"On sods; their loose necks pulsed liked sails. Some hopped: The slap and plop were obscene threats†¦. †¦their blunt heads farting. I sickened, turned and ran.† This image is a grotesque image in which subconsciously young Seamus discovers his sexuality. For a minute he is aware but afraid to admit it to himself in case he may lose that childhood innocence so he turns away sickened, longing for the moment that he was unaware of this disgusting act. â€Å"Dawn Shoot† is again a different type of poem. In this poem Seamus has no fear to conquer and no bridge to cross whether real or imaginary. This poem is really about how far he has come. Rather than cry over the death of animals in â€Å"Early Purges†, he is enjoying the killing of animals. He is totally carefree and not worried about shooting an animal or how badly wounded it should become or even if it dies. He is even stealthy so not to scare the animals to ensure he gets a kill. â€Å"Rubber-booted, belted, tense as two parachutists, We climbed the iron gate.† When an animal is finally killed they don't even care to retrieve it as â€Å"the prices were too small.† I have chosen two extracts from Wordsworth poem â€Å"The Prelude.† In the poem â€Å"The Prelude (I)† Wordsworth follows a similar theme of growing up. In this poem young Wordsworth takes a boat which is not his and he is feeling very adventurous. â€Å"It was an act of stealth And troubled pleasure.† He felt very good when he took the boat and was having a very good time, until Wordsworth realises what he has done wrong but this is not realised until he reaches his destination in the lake. â€Å"The horizon's bound, a huge peak, black and huge, As if with voluntary power instinct Upreared its head.† This is the climax of the poem and helps show the sudden change in mood. Wordsworth is happily rowing the boat when suddenly this huge big thing shows itself. To Wordsworth this is some sort of hideous creature. But in fact as you go through the poem you learn that this is the first few signs of his developing conscience. â€Å"For many days my brain Worked with a dim and undetermined sense Of unknown modes of being; o'er my thoughts There hung a huge darkness†¦. †¦moved slowly through the mind By day, and were a trouble to my brain.† These show the signs of a guilty conscience, guilty from knowing he took the boat: a moral Wordsworth is being taught about from nature and it again points to his emerging belief of Pantheism, that nature is God. The main focus in this poem â€Å"The Prelude (II)† is that of moving on. The poem has a picturesque setting of the â€Å"twilight gloom† This type of light however would tell Wordsworth to go inside, as if nature was telling him as a parent calls their children. But â€Å"I heeded not their summons.† So he carried on â€Å"All shod with steel, We hissed along on the polished ice in games:† a nice use of alliteration to convey the movement of ice skating. But Wordsworth being a Pantheist he cannot stay so he wonders off; â€Å"not seldom from the uproar I retired.† Wordsworth here shows his poetic ability and understanding of nature because he realises that the hills are â€Å"melancholic.† His subconscious understanding of nature forces him to go off and explore. What he realises is that everything around him is moving. â€Å"With visible motion her diurnal round! Behind me did they stretch in solemn train, Feebler and feebler, and I stood and watched Till all was tranquil as dreamless sleep.† The movement of the earth that he experiences here shows him that he is part of a moving, living universe. It is as if he has travelled with the spirit in God of nature. I think everyone could relate to Wordsworth's and Heaney's poems in someway: I know that I can relate to his feeling of a spirit in the woods. When I was lost I in the woods I felt as if someone was there showing where to go. The one thing we must all realise is that, we will all grow up: it is unstoppable and inevitable. I savour the thought.

Patients Rights Essay

The legal interests of persons who submit to medical treatment. For many years, common medical practice meant that physicians made decisions for their patients. This paternalistic view has gradually been supplanted by one promoting patient autonomy, whereby patients and doctors share the decision-making responsibility. Consequently doctor-patient relationships are very different now than they were just a few decades ago. However, conflicts still abound as the medical community and those it serves struggle to define their respective roles. Consent Consent, particularly informed consent, is the cornerstone of patients’ rights. Consent is based on the inviolability of one’s person. It means that doctors do not have the right to touch or treat a patient without that patient’s approval because the patient is the one who must live with the consequences and deal with any dis-comfort caused by treatment. A doctor can be held liable for committing a Battery if the doctor touches the patient without first obtaining the patient’s consent. The shift in doctor-patient relationships seems inevitable in hindsight. In one early consent case, a doctor told a woman he would only be repairing some cervical and rectal tears; instead he performed a hysterectomy. In another case, a patient permitted her doctors to examine her under anesthesia but insisted that they not operate; the doctors removed a fibroid tumor during the procedure. In yet another case, a doctor assured a man that a proposed operation was simple and essentially without risk; the patient’s left hand was paralyzed as a result of the surgery. Consent must be voluntary, competent, and informed. Voluntary means that, when the patient gives consent, he or she is free from extreme duress and is not intoxicated or under the influence of medication and that the doctor has not coerced the patient into giving consent. The law presumes that an adult is competent, but competency may be an issue in numerous instances. Competence is typically only challenged when a patient disagrees with a doctor’s recommended treatment or refuses treatment altogether. If an individual understands the information presented regarding treatment, she or he is competent to consent to or refuse treatment. Consent can be given verbally, in writing, or by one’s actions. For example, a person has consented to a vaccination if she stands in line with others who are receiving vaccinations, observes the procedure, and then presents her arm to a healthcare provider. Consent is inferred in cases of emergency or unanticipated circumstances. For example, if unforeseen serious or life-threatening circumstances develop during surgery for which consent has been given, consent is inferred to allow doctors to take immediate further action to prevent serious injury or death. Consent is also inferred when an adult or child is found unconscious, or when an emergency otherwise necessitates immediate treatment to prevent serious harm or death. Consent is not valid if the patient does not understand its meaning or if a patient has been misled. Children typically may not give consent; instead a parent or guardian must consent to medical treatment. Competency issues may arise with mentally ill individuals or those who have diminished mental capacity due to retardation or other problems. However, the fact that someone suffers from a mental illness or diminished mental capacity does not mean that the individual is incomp etent. Depending on the type and severity of the disability, the patient may still have the ability to understand a proposed course of treatment. For example, in recent years most jurisdictions have recognized the right of hospitalized mental patients to refuse medication under certain circumstances. Numerous courts have ruled that a mental patient may have the right to refuse antipsychotic drugs, which can produce disturbing side effects. If a patient is incompetent, technically only a legally appointed guardian can make treatment decisions. Commonly, however, physicians defer to family members on an informal basis, thereby avoiding a lengthy and expensive competency hearing. Consent by a family member demonstrates that the doctor consulted someone who knows the patient well and is likely to be concerned about the patient’s well-being. This will probably be sufficient to dissuade a patient from suing for failure to obtain consent should the patient recover. Legal, moral, and ethical questions arise in competency cases involving medical procedures not primarily for the patient’s benefit. These cases typically arise in the context of organ donation from one sibling to another. Many of these cases are approved in the lower courts; the decisions frequently turn on an e xamination of the relationship between the donor and recipient. If the donor and recipient have a relationship that the donor is aware of, actively participates in, and benefits from, courts generally conclude that the benefits of continuing the relationship outweigh the risks and discomforts  of the procedure. For example, one court granted permission for a kidney transplant from a developmentally disabled patient into his brother because the developmentally disabled boy was very dependent on the brother. In another case, a court approved a seven-year-old girl’s donation of a kidney to her identical twin sister after experts and family testified to the close bond between the two. Conversely, a mother successfully fought to prevent testing of her three-and-a-half-year-old twins for a possible bone marrow transplant for a half brother because the children had only met the boy twice and were unaware that he was their brother. Married or emancipated minors, including those in the Armed Services, are capable of giving their own consent. Emancipated means that the minor is self-supporting and lives independently of parents and parental control. In addition, under a theory known as the mature minor doctrine, certain minors may consent to treatment without first obtaining parental consent. If the minor is capable of understanding the nature, extent, and consequences of medical treatment, he or she may consent to medical care. Such situations typically involve older minors and treatments for the benefit of the minor (i.e., not organ transplant donors or blood donors) and usually involve relatively low-risk procedures. In recent years, however, some minors have sought the right to make life- or-death decisions. In 1989, a state court first recognized that a minor could make such a grave decision. A 17-year-old leukemia patient refused life-saving blood transfusions based on a deeply held, family-shared religious conviction. A psychologist testified that the girl had the maturity of a 22-year-old. Ironically, the young woman won her right to refuse treatment but was alive and healthy when the case was finally decided. She had been transfused before the slow judicial process needed to decide such a difficult question led to a ruling in her favor. Some state statutes specifically provide that minors may give consent in certain highly charged situations, such as cases of venereal disease, pregnancy, and drug or alcohol abuse. A minor may also overrule parental consent in certain situations. In one case, a mother gave consent for an Abortion for her 16-year-old unemancipated daughter, but the girl disagreed. A court upheld the daughter’s right to withhold consent. Courts often reach divergent outcomes when deciding whether to interfere with a parent’s refusal to consent to a non-life-threatening procedure. One court refused to override a  father’s denial of consent for surgery to repair his son’s harelip and cleft palate. But a different court permitted an operation on a boy suffering from a severe facial deformity even though his mother objected on religious grounds to the accompanying blood transfusion. In another case, a child was ordered to undergo medical treatments after the parents unsuccessfully treated the child’s severe burns with herbal remedies. Courts rarely hesitate to step in where a child’s life is in danger. To deny a child a beneficial, life-sustaining treatment constitutes child neglect, and states have a duty to protect children from neglect. One case involved a mother who testified that she did not believe that her child was HIV positive, despite medical evidence to the contrary. The co urt ordered treatment, including AZT, for the child. Many other cases involve parents who want to treat a serious illness with nontraditional methods or whose religious beliefs forbid blood transfusions. Cases involving religious beliefs raise difficult questions under the First Amendment’s Free Excise of Religion Clause, Common Law, statutory rights of a parent in raising a child, and the state’s traditional interest in protecting those unable to protect themselves. When a child’s life is in danger and parental consent is withheld, a hospital seeks a court-appointed guardian for the child. The guardian, often a hospital administrator, then consents to the treatment on behalf of the child. In an emergency case, a judge may make a decision over the telephone. In some cases, doctors may choose to act without judicial permission if time constraints do not allow enough time to reach a judge by telephone. In 1982, a six-day-old infant with Down’s syndrome died after a court approved a parental decision to withhold life-saving surgery. The child had a condition that made eating impossible. The baby was medicated but given no nourishment. The public furor over the Baby Doe case eventually helped spur the department of health and human services to create regulations delineating when treatment may be withheld from a disabled infant. Treatment may be withheld if an infant is chronically and irreversibly comatose, if such treatment would merel y prolong dying or would otherwise be futile in terms of survival of the infant, or if such treatment would be virtually futile in terms of survival and the treatment would be inhumane under these circumstances. Although courts overrule parental refusal to allow treatment in many instances, far less common are cases where a court overrides an otherwise competent adult’s denial of consent. The cases where courts have compelled treatment of an adult usually fall into two categories: when the patient was so physically weak that the court ruled that the patient could not reflect and make a choice to consent or refuse; or when the patient had minor children, even though the patient was fully competent to refuse consent. The possible civil or criminal liability of a hospital might also factor into a decision. A court typically will not order a terminally ill patient to undergo treatments to prolong life. Informed Consent Simply consenting to treatment is not enough. A patient must give informed consent. In essence, informed consent means that before a doctor can treat or touch a patient, the patient must be given some basic information about what the doctor proposes to do. Informed consent has been called the most important legal doctrine in patients’ rights. State laws and court decisions vary regarding informed consent, but the trend is clearly toward more disclosure rather than less. Informed consent is required not only in life-or-death situations but also in clinic and outpatient settings as well. A healthcare provider must first present information regarding risks, alternatives, and success rates. The information must be presented in language the patient can understand and typically should include the following: * A description of the recommended treatment or procedure; * A description of the risks and benefits—particularly exploring the risk of serious bodily disability or death; * A description of alternative treatments and the risks and benefits of alternatives; * The probable results if no treatment is undertaken; * The probability of success and a definition of what the doctor means by success; * Length and challenges of recuperation; and  * Any other information generally provided to patients in this situation by other qualified physicians. Only material risks must be disclosed. A material risk is one that might cause a reasonable patient to decide not to undergo a recommended treatment. The magnitude of the risk also factors into the definition of a material risk. For example, one would expect that a one in 10,000 risk of death would always be disclosed, but not a one in 10,000 risk of a two-hour headache. Plastic surgery and vasectomies illustrate two  areas where the probability of success and the meaning of success should be explicitly delineated. For example, a man successfully sued his doctor after the doctor assured him that a vasectomy would be 100 percent effective as Birth Control; the man’s wife later became pregnant. Because the only purpose for having the procedure wa s complete sterilization, a careful explanation of probability of success was essential. Occasionally, informed consent is not required. In an emergency situation where immediate treatment is needed to preserve a patient’s health or life, a physician may be justified in failing to provide full and complete information to a patient. Moreover, where the risks are minor and well known to the average person, such as in drawing blood, a physician may dispense with full disclosure. In addition, some patients explicitly ask not to be informed of specific risks. In this situation, a doctor must only ascertain that the patient understands that there are unspecified risks of death and serious bodily disabilities; the doctor might ask the patient to sign a waiver of informed consent. Finally, informed consent may be bypassed in rare cases in which a physician has objective evidence that informing a patient would render the patient unable to make a rational decision. Under these circumstances, a physician must disclose the information to another person designated by the patie nt. Informed consent is rarely legally required to be in writing, but this does provide evidence that consent was in fact obtained. The more specific the consent, the less likely it will be construed against a doctor or a hospital in court. Conversely, blanket consent forms cover almost everything a doctor or hospital might do to a patient without mentioning anything specific and are easily construed against a doctor or hospital. However, blanket forms are frequently used upon admission to a hospital to provide proof of consent to noninvasive routine hospital procedures such as taking blood pressure. A consent form may not contain a clause waiving a patient’s right to sue, unless state law provides for binding Arbitration upon mutual agreement. Moreover, consent can be predicated upon a certain surgeon doing a surgery. It can also be withdrawn at any time, subject to practical limitations. Right to Treatment In an emergency situation, a patient has a right to treatment, regardless of ability to pay. If a situation is likely to cause death, serious injury, or  disability if not attended to promptly, it is an emergency. Cardiac arrest, heavy bleeding, profound shock, severe head injuries, and acute psychotic states are some examples of emergencies. Less obvious situations can also be emergencies: broken bones, fever, and cuts requiring stitches may also require immediate treatment. Both public and private hospitals have a duty to administer medical care to a person experiencing an emergency. If a hospital has emergency facilities, it is legally required to provide appropriate treatment to a person experiencing an emergency. If the hospital is unable to provide emergency services, it must provide a referral for appropriate treatment. Hospitals cannot refuse to treat prospective patients on the basis of race, religion, or national origin, or refuse to treat someone with HIV or AIDS. In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA) (42 U.S.C.A.  § 1395dd), which established criteria for emergency services and criteria for safe transfer of patients between hospitals. This statute was designed to prevent â€Å"patient dumping,† that is, transferring undesirable patients to another facility. The law applies to all hospitals receiving federal funds, such as Medicare (almost all do). The law requires hospitals to provide a screening exam to determine if an emergency condition exists, provide stabilizing treatment to any emergency patient or to any woman in active labor before transfer, and continue treatment until a patient can be discharged or transferred without harm. It also delineates strict guidelines for the transfer of a patient who cannot be stabilized. A hospital that negligently or knowingly and willfully violates any of these provisions can be terminated or suspended from Medicare. The physician, the hospital, or both can also be penalized up to $50,000 for each knowing violation of the law. One of the first cases brought under EMTALA involved a doctor who transferred a woman in active labor to a hospital 170 miles away. The woman delivered a healthy baby during the trip, but the doctor was fined $20,000 for the improper transfer of the woman. In addition to federal laws such as EMTALA, states may also impose by regulation or statute a duty on hospitals to administer emergency care. There is no universal right to be admitted to a hospital in a nonemergency situation. In nonemergency cases, admission rights depend largely on the specific hospital, but basing admission on ability to pay is severely limited by statutes, regulations, and judi cial decisions. For  example, most hospitals obtained financial assistance from the federal government for construction; these hospitals are required to provide a reasonable volume of services to persons unable to pay. The amount of services to be provided is set by regulation, and the obligation continues for 20 years after construction is completed. Patients must be advised of the hospital’s obligation under the law, or the hospital may be foreclosed from suing to collect on the bill. In addition, many states prohibit hospitals from denying admission based solely on inability to pay; some courts have made similar rulings against public hospitals based on hospital charters and public policy reasons. Hospitals are also prohibited from requiring a deposit from a Medicare or Medicaid patient. Once a patient has been duly admitted to a hospital, she or he has a right to leave at any time, or the hospital could be liable for False Imprisonment. This is so even if the patient has not paid the bill or if the patient wants to leave against all medical advice. In rare cases, such as contagious disease cases, public health authorities may have state statutory or regulatory authority to quarantine a patient. In addition, state laws governing involuntary commitment of the mentally ill may be used to prevent a person of unsound mind from leaving the hospital if a qualified psychiatrist determines that the person is a danger to himself or herself or to the lives of others. A doc tor familiar with a patient’s condition determines when a patient is ready for discharge and signs a written order to that effect. If the patient disagrees with a decision to discharge, she or he has the right to demand a consultation with a different physician before the order is carried out. The decision to discharge must be based solely on the patient’s medical condition and not on nonpayment of medical bills. In the mid-1990s, concern over maternity patients being discharged just a few hours after giving birth prompted legislation at both the state and federal levels. In September 1996, President bill clinton signed a law ensuring a 48-hour hospital stay for a woman who gives birth vaginally and a 96-hour stay for a woman who has a caesarean section, unless the patient and the doctor agree to an earlier discharge. A number of state legislatures have passed similar laws as well. With the rise of Managed Care and Health Maintenance Organizations (HMOs), patients faced new issues involving the right to treatment. HMOs may deny authorization for expensive or experimental treatments, or for treatments  p rovided outside the network of approved physicians. HMOs contend that they must control costs and make decisions that benefit the largest number of members. In response, state legislatures have enacted HMO regulations that seek to give patients a process for appealing the denial of benefits. The HMOs have opposed these measures and have vigorously defended their denial of benefits in court. In Moran v. Rush Prudential HMO, Inc., 536 U.S. 355, 122 S.Ct. 2151, 153 L.Ed.2d 375 (2002), the Supreme Court in a 5–4 decision upheld an Illinois law that required HMOs to provide independent review of disputes between the primary care physician and the HMO. The law mandated that the HMO must pay for services deemed medically necessary by the independent reviewer. Most importantly, the court ruled that the federal Employee Retirement Income Security Act (ERISA) did not preempt the Illinois law. ERISA is an extremely complex and technical set of provisions that seek to protect employee benefit programs. The decision was significant because it empowered other states to enact similar laws that give patients more rights in obtaining treatment Med ical Experimentation Medical progress and medical experimentation have always gone hand in hand, but patients’ rights have sometimes been ignored in the process. Sometimes patients are completely unaware of the experimentation. Experimentation has also taken place in settings in which individuals may have extreme difficulty asserting their rights, such as in prisons, mental institutions, the military, and residences for the mentally disabled. Legitimate experimentation requires informed consent that may be withdrawn at any time. Some of the more notorious and shameful instances of human experimentation in the United States in the twentieth century include a 1963 study in which terminally ill hospital patients were injected with live cancer cells to test their immune response; the Tuskegee Syphilis Study, begun before World War II and continuing for 40 years, in which effective treatment was withheld from poor black males suffering from syphilis so that medical personnel could study the natural cou rse of the disease; and a study where developmentally disabled children were deliberately infected with hepatitis to test potential vaccines. Failure to obtain informed consent can arise even when consent has ostensibly been obtained. The California Supreme Court ruled in 1990 that a physician must disclose preexisting research and  potential economic interests that may affect the doctor’s medical judgment (Moore v. Regents of the University of California, 51 Cal. 3d 120, 793 P. 2d 479). The case involved excision of a patient’s cells pursuant to surgery and other procedures to which the patient had consented. The surgery itself was not experimental; the experimentation took place after the surgery and other procedures. The cells were used in medical research that proved lucrative to the doctor and medical center. Patients in teaching hospitals are frequently asked to participate in research. Participants do not surrender legal rights simply by agreeing to cooperate and validly obtained consent cannot protect a researcher from Negligence. In hospitals, human experimentation is typically monitored by an institutional review board (IRB). Federal regulation requires IRBs in all hospitals receiving fed eral funding. These boards review proposed research before patients are asked to participate and approve written consent forms. IRBs are meant to ensure that risks are minimized, the risks are reasonable in relation to anticipated benefits, the selection of subjects is equitable, and informed consent is obtained and properly documented. Federal regulations denominate specific items that must be covered when obtaining informed consent in experimental cases. IRB approval never obligates a patient to participate in research. Advance Medical Directives Every state has enacted advance medical directive legislation, but the laws vary widely. Advance medical directives are documents that are made at a time when a person has full decision-making capabilities and are used to direct medical care in the future when this capacity is lost. Many statutes are narrowly drawn and specify that they apply only to illnesses when death is imminent rather than illnesses requiring long-term life support, such as in end-stage lung, heart, or kidney failure; multiple sclerosis; paraplegia; and persistent vegetative state. Patients sometimes use living wills to direct future medical care. Most commonly, living wills specify steps a patient does not want taken in cases of life-threatening or debilitating illness, but they may also be used to specify that a patient wants aggressive resuscitation measures used. Studies have shown that living wills often are not honored, despite the fact that federal law requires all hospitals, nursing homes, and other Medi care and Medicaid providers to ask  patients on admission whether they have executed an advance directive. Some of the reasons living wills are not honored are medical personnel’s fear of liability, the patient’s failure to communicate his or her wishes, or misunderstanding or mismanagement by hospital personnel. Another way individuals attempt to direct medical care is through a durable Power of Attorney. A durable power of attorney, or proxy decision maker, is a written document wherein a person (the principal) designates another person to perform certain acts or make certain decisions on the principal’s behalf. It is called durable because the power continues to be effective even after the principal becomes incompetent or it may only take effect after the principal becomes incompetent. As with a Living Will, such a document has little power to compel a doctor to follow a patient’s desires, but in the very least it serves as valuable evidence of a person’s wishes if the matter is brought into court. A durable power of attorney may be used by itself or in conjunction with a living will. When advance medical directives function as intended and are honored by physicians, they free family members from making extremely difficult decisions. They may also protect physicians. Standard medical care typically requires that a doctor provide maximum care. In essence, a livin g will can change the standard of care upon which a physician will be judged and may protect a physician from legal or professional repercussions for withholding or withdrawing care. Right to Die A number of cases have addressed the right to refuse life-sustaining medical treatment. Broadly speaking, under certain circumstances a person may have a right to refuse life-sustaining medical treatment or to have life-sustaining treatment withdrawn. On the one side in these cases is the patient’s interest in autonomy, privacy, and bodily integrity. This side must be balanced against the state’s traditional interests in the preservation of life, prevention of suicide, protection of dependents, and the protection of the integrity of the medical profession. In in re quinlan, 355 A.2d 647 (1976), the New Jersey Supreme Court permitted withdrawal of life-support measures for a woman in a persistent vegetative state, although her condition was stable and her life expectancy stretched years into the future. Many of the emotional issues the country struggles with in the early 2000s were either a direct result of or were influenced by this case,  including living wills and o ther advance medical directives, the right to refuse unwanted treatment, and physician-assisted suicide. The first U.S. Supreme Court decision addressing the difficult question regarding the removal of life support was Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S. Ct. 2841, 111 L. Ed. 2d 224 (1990). Cruzan involved a young woman rendered permanently comatose after a car accident. Her parents petitioned to have her feeding tube removed. The Supreme Court ruled that the evidence needed to be clear and convincing that the young woman had explicitly authorized the termination of treatment prior to becoming incompetent. The Court ruled that the evidence had not been clear and convincing, but upon remand to the state court the family presented new testimony that was deemed clear and convincing. The young woman died 12 days after her feeding tube was removed. The Supreme Court decided two right-todie cases in 1997, Quill v. Vacco, 521 U.S. 793, 117 S.Ct. 2293, 138 L.Ed.2d 834 (1997), and Washington v. Glucksberg, 521 U.S. 702, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997). I n Glucksberg, the appellate courts in New York and Washington had struck down laws banning physician-assisted suicide as violations of Equal Protection and due process, respectively. The Supreme Court reversed both decisions, finding no constitutional right to assisted suicide, thus upholding states’ power to ban the practice. Though both cases were considered together, Glucksberg was the key right-to-die decision. Dr. Harold Glucksberg and three other physicians sought a Declaratory Judgment that the state of Washington’s law prohibiting assisted suicide was unconstitutional as applied to terminally ill, mentally competent adults. The Supreme Court voted unanimously to sustain the Washington law, though five of the nine justices filed concurring opinions in Quill and Glucksberg. Chief Justice william rehnquist, writing for the Court, based much of his analysis on historical and legal traditions. The fact that most western democracies make it a crime to assist a suicide was backed up by over 700 years of Anglo-American common-law tradition that has punished or disapproved of suicide or assisting suicide. This â€Å"deeply rooted†opposition to assisted suicides had been reaffirmed by the Washington legislature in 1975 when the current prohibition had been enacted and again in 1979 when it pass ed a Natural Death Act. This law declared that the refusal or withdrawal of treatment did not constitute suicide, but it explicitly stated that the act did not authorize Euthanasia. The doctors had argued that the law violated the Substantive Due Process component of the Fourteenth Amendment. Unlike procedural due process which focuses on whether the right steps have been taken in a legal matter, substantive due process looks to fundamental rights that are implicit in the amendment. For the Court to recognize a fundamental liberty, the liberty must be deeply rooted in U.S. history and it must be carefully described. The Court rejected this argument because U.S. history has not recognized a â€Å"right to die† and therefore it is not a fundamental right. Employing the Rational Basis Test of constitutional review, the Court concluded that the law was â€Å"rationally related to legitimate government interests† and thus passed constitutional muster. Privacy and Confidentiality Confidentiality between a doctor and patient means that a doctor has the express or implied duty not to disclose information received from the patient to anyone not directly involved with the patient’s care. Confidentiality is important so that healthcare providers have knowledge of all facts, regardless of how personal or embarrassing, that might have a bearing on a patient’s health. Patients must feel that it is safe to communicate such information freely. Although this theory drives doctor-patient confidentiality, the reality is that many people have routine and legitimate access to a patient’s records. A hospital patient might have several doctors, nurses, and support personnel on every shift, and a patient might also see a therapist, nutritionist, or pharmacologist, to name a few. The law requires some confidential information to be reported to authorities. For example, birth and death certificates must be filed; Child Abuse cases must be reported; and infectious, contagious, or communicable diseases must be reported. In addition, confidential information may also be disclosed pursuant to a judicial proceeding or to notify a person to whom a patient may pose a danger. In spite of the numerous exceptions to the contrary, patients legitimately demand and expect confidentiality in many areas of their treatment. Generally speaking, patients must be asked to consent before being photographed or having others unrelated to the case (including medical students) observe a medical procedure; they have the right to refuse to see anyone not connected to a hospital; they have the  right to have a person of the patient’s own sex present during a physical examination conducted by a member of the opposite sex; they have the right to refuse to see persons connected with the hospital who are not directly involved in the patient’s care and treatment (including social workers and chaplains); and they have the right to be protected from having details of their condition made public. A patient owns the information contained in medical records, but the owner of the paper on which they are written is usually considered the actual owner of the records. The patient’s legal interest in the records generally means that the patient has a right to see the records and is entitled to a complete copy of them. The patient’s rights are subject to reasonable limitations such as requiring inspection and copying to be done on the doctor’s premises during working hours. Federal Patients’ Bill of Rights Dissatisfaction with an expanding corporate healthcare industry dominated by profit margins has spawned numerous reform ideas. One idea that has gained a foothold is a patients’ federal Bill of Rights. In 1997, President Bill Clinton appointed an Advisory Commission on Consumer Protection and Quality in the Health Care Industry. The commission was directed to propose a â€Å"consumer bill of rights.† The 34-member commission developed a bill of rights that identified eight key areas: information disclosure, choice of providers and plans, access to emergency service, participation in treatment decisions, respect and nondiscrimination, confidentiality of health information, complaints and appeals, and consumer responsibilities. The proposed rights include: the right to receive accurate, easily understood information in order to make informed health care decisions; the right to a choice of healthcare providers that is sufficient to ensure access to appropriate high-quality health care; the right to access emergency healthcare services; the right and responsibility to fully participate in all decisions related to their health care; the right to considerate, respectful care from all members of the healthcare system at all times and under all circumstances; the right to communicate with healthcare providers in confidence and to have the confidentiality of their individually identifiable healthcare information protected; the right to a fair and efficient process for resolving differences with their health plans,  healthcare providers, and the institutions that serve them; and the responsibility of consumers to do their part in protecting their health. This bill of rights has been debated in Congress and there are bipartisan areas of agreement, but, as of 2003, no final action has taken on enacting a set of rights into federal law.