Research Paper 1 Essay Example | Topics and Well Written Essays - 3750 words

Research Paper 1 - Essay Example the client acted on advice of counsel". Some of its derivatives include, but are not limited to, advisory counsel, appellate counsel, assigned counsel, corporate counsel, general counsel and King's Counsel. Under the Old Testament the word "counsel" and its derivatives, (which include "counselor") appear 118 times along the span of a number of constituent books that, on the whole form the first part of the Bible. Some of these Books (along with a selection of the references) are listed herein below.2 Please note that the relevant words are italicized and that, more importantly, these are not an exhaustive list.3 "An adviser (Proverbs 11:14; 15:22), a king's state counsellor (2 Samuel 15:12). Used once of the Messiah (Isaiah 9:6). In Mark 15:43, Luke 23:50, the word probably means a member of the Jewish Sanhedrim." It is clear, whether used as a verb, or a noun, the term "counsel" remains remarkably similar in use and in definition, as exemplified in the references above, to the definition provided by Black's Law Dictionary. It is to this extent, that we may deduce the word to mean "advice" or "advice"/"advisor". Furthermore, please note the use of the term in the New Testament. As mentioned above, the references are only to provide a guideline of what is the prevalent position of the term and are not a conclusive list of its appearance in the New Testament.5 It is clear that the use of the term does not differ much from its use in the Old Testament. It is to this effect, that it can seen that the use of the word "counsel" to be synonymous with the word advice. On a clear and literal interpretation of the word, counsel and advice, or, in addition, counselor and advisor mean much the same thing. Healing through Jesus Christ has many biblical examples like the story of the healing at the pool of Bethesda in John 5:2-15. "In these lay a great multitude of sick people, blind, lame, paralyzed, waiting for the moving of the water," (John 5:3 ). The word wisdom is generally associated with its root word "wise", which is defined Showing good judgement or the benefit of experience." although this takes the form of the adjective; the noun is defined by Wiktionary6 as either the element of personal character that causes one to distinguish the wise from the unwise, a piece of wise advice, the discretionary use of knowledge for the greatest good.7Furthermore the Dictionary also describes it as the ability to apply relevant knowledge in an insightful way, especially to different situations from that in which the knowledge was gained. According the Oxford English Dictionary wisdom is the capacity to judge rightly in matters relating to life and conduct and allowing soundness of judgement in our daily decisions in a more practical way. Wisdom is defined by Easton's Bible Dictionary as: "A moral rather than an intellectual quality. To be "foolish" is to be godless (Psalm 14:1; Comp. Judges 19:23; 2 Samuel 13:13). True wisdom is a gift from God to those who ask it (Job 28:12-28; Proverbs 3:13-18; Romans 1:22; 16:27; 1 Corinthians 1:17-21; 2:6-8; James 1:5). "Wisdom" in Proverbs 1:20; 8:1; 9:1-5 may be regarded not as a mere personification of the attribute of wisdom, but as a divine

The Importance of Communication Essay Example for Free

The Importance of Communication Essay Foundations Workers at all levels of an organization, be they CEOs, middle managers, or entry-level staff, recognize that change is inevitable. However, the successful implementation of organizational change in response to changes in an organization’s external environment can be one of the greatest challenges top-level leaders face. Regardless of how far-seeing and meticulously planned organizational change may be, it will not be effectively implemented unless it is communicated to an organization’s staff in such a way that resistance is overcome, fears are assuaged, confusion is minimized, and buy-in by all affected individuals is secured. Kurt Lewin (as cited in Evans, Ward, Rugaas, 2000) was one of the first to develop a model of behavioral change in his 1951 book, Field Theory in Social Sciences. Lewin described three stages as being necessary in the implementation of a change in a person’s behavior. The first of these is unfreezing, the stage during which a person becomes ready to learn or acquire a new behavior, perhaps by recognizing the ineffectiveness of a current behavior or by learning about the benefits that would accrue if the new behavior were implemented. The second stage is the change itself, which will involve a trial period during which the person familiarizes him or herself with the new behavior. Finally, the refreezing stage occurs as the new behavior becomes habitual or ingrained with the individual. Thinkers in the management field have applied this model to the process of change within organizations. In order for change to be effectively and lastingly implemented, all staff affected by the change must go through this unfreezing-changing-refreezing process. Kotter (1995) lists eight steps that leaders of organizations should take in order to successfully implement change. One of the most crucial steps in the process, and the step during which many attempts at organizational  change fail, is communicating the vision of change to the staff via every possible means. He notes that a classic error made by leaders trying to implement change is under-communication of the change to the staff that will be implementing it. The most effective communicators discuss the change at every opportunity and incorporate the discussion into day-to-day activities such as performance reviews, employee training courses, and quarterly production meetings, thus making clear to employees not only the overarching vision of change for the organization, but also exactly where the employee fits into the process. Organizational leaders must also behave in ways that are consistent with the vision they are promoting: communication regarding the change should occur not only via words, but also via deeds (Kotter, 1995). Communication about change aids in the unfreezing of old behaviors, the transition during which new behaviors are adopted, and the refreezing of the new behavior into habit. In fact, Ford and Ford (1995) claim that change does not occur except in that it is mediated by communication; in other words, communication is the context within which change occurs. They describe four types of conversations that move the change process through its successive phases: initiative conversations, that begin the change process by focusing the participants’ attention on what needs to be done; conversations of understanding, during which the participants seek to make sense of the problem and start generating methods of addressing it; conversations of performance, which concentrate on producing the intended result; and conversations for closure, during which the change process is determined to be complete. This model of change as mediated by the conversations that instigate and guide it differs from previous thought in which communication about the change is presented as a single stage in the change process, although it expands upon Kotter’s (1995) call for communication regarding change to occur in as many contexts as possible within an organization. The model also helps to conceptualize the role of communication during the stages of unfre ezing (instigation), change (understanding and performance), and refreezing (closure). Current thinking in organizational change and communication The work by Lewin (Evans, Ward, Rugaas, 2000), Kotter (1995), Ford and Ford (1995), and other earlier researchers in the field lays an important  foundation for current work in the use of communication to effectively promote change within an organization. Deborah Barrett (2002) developed the Strategic Employee Communication model as a tool for organizations to use in assessing the effectiveness of their own communication channels when confronted with the necessity of organizational change. The model breaks down effective employee communication into four components which interact in well-functioning companies to reinforce strategic objectives. One important component is a top and middle level management that is committed to fostering communications â€Å"up, down, and across the organization† (Barrett, 2002). The second component is the communications themselves: messages that are both tailored to the audience they are intended for to maximize relevance, and that are consist ent with each other and with the overall strategic objectives of the organization. The third component is the mode of communication; it should rely on a variety of media but should take place primarily in person. The final component is a communications team or staff that is positioned in such a way as to be privy to the thinking behind the company’s strategic objectives so that the messages they produce reflect an understanding of the change. In companies that have effective communication networks, these four components are continually assessed against the background of progress towards the company’s strategic objectives. Barrett (2002) makes specific recommendations regarding how the effectiveness of employee communications during times of organizational change may be evaluated, giving an example of a survey instrument to assess perceptions of the current state of communication, suggestions for the development of ‘cascading workshops’ to spread the message of change throughout the organization, and methods of monitoring how well the mess age of change has spread and been internalized throughout the organization. The influence of Lewin’s (Evans, Ward, Rugaas, 2000) unfreezing – changing – refreezing model of change can be seen in Van der Waldt’s (2004) depiction of change communication as occurring in three phases. During the first phase of change, individuals within organizations face the loss of old ways of doing things, and should be supported in the initial phases of the change by communication that acknowledges this loss and that recognizes the difficulty that some individuals may have in letting go of the past. During the second phase of change, staff may face confusion and uncertainty as they  try to adopt the new way of doing things. Van der Waldt characterizes this as a ‘neutral zone’: a way-station between the old and the new, and notes that communication during this phase should recognize and attempt to assuage the isolation that may ensue from this confusion. The setting of short term, easily measurable and attainable goals will aid empl oyee morale during this time. The third phase of change occurs as staff begin to internalize the change and move forward, and communication at this time should be characterized by an acknowledgement of what individuals in the company have accomplished thus far and an understanding of the role the individual plays within the new system. A current topic in this area of research is the use of narrative techniques in communication about change. Organizational change is disruptive by nature, and involves the uprooting of old norms that have enabled a company to succeed (or at least survive) thus far, and the adoption of as-yet-untried practices (Denning, 2005). In order for the change to succeed, management and staff must voluntarily and enthusiastically severely disrupt their own established work habits and consent to move into the unknown. Stephen Denning, one of the champions of the use of narrative in change communication, argues that in these situations, the organization’s leaders must employ extraordinary communication techniques to achieve the level of buy-in necessary to make change work. The use of storytelling to bring reality and substance to a leader’s vision is one way in which change can be made real to management and staff. Denning (2006) describes eight different narrative techniques that can be employed in different stages of organizational change. An example of one of these techniques is the u se of ‘springboard stories’, which may be used to spark action and help muster enthusiasm for the change. Stories used in these situations should be simple and straightforward in content, the goal being to spark the listeners’ imaginations and to get them imagining stories of their own in reference to the change being introduced. Stories may also be used as devices to deflect or defuse rumors, and as preparation for the future after the change is implemented. The overall purpose of the narratives is to change the listener’s behavior in such a way that it is aligned with the leader’s objectives. Denning (2006) warns of the danger of becoming so involved with the crafting and telling of stories that the goal of the narrative is lost. Storytelling can also be a way to  get employees talking and thinking about what organizational change means to them and how change can be enacted. A small regional hospital in New Mexico employed an interactive narrative technique in which employees were presented with a role-playing scenario that likened the transformation of the hospital’s mission to an Indiana Jones-style journey that was titled ‘Raiders of the Lost Art’ (Adamson, Pine, Van Steenhoven, Kroupa, 2006). Within the structure of the game’s narrative, staff were presented with data regarding themselves, the community within which they worked, and their patients, and in this context were given scenarios about which they were encouraged to present ideas and feedback. By using this approach, hospital administrators were able to solicit employee feedback, involve staff in the development of strategic goals and objectives in support of the new mission, and gain buy-in by making employees a part of the change process. Change, communication, and information organizations Libraries and other information organizations are faced every day with the challenges that come from adapting to a rapidly changing external environment. Information organizations that are able to proactively incorporate change into their strategic planning will be in a better position to keep pace with the evolving demands of customers than organizations that merely struggle to catch up as change overwhelms them. Farley, Broady-Preston, Hayward (1998) identify four primary areas of change that affect academic libraries in particular: economics, technology, higher education, and organization. The rising costs of materials, combined with widespread reductions in funding, compounded by the additional financial burden imposed by the need to introduce new technologies, create an environment in which libraries must change in order to survive. The increasing sophistication of technological tools used by librarians has, in some larger institutions especially, created a need for staff reorganization to incorporate greater collaboration with technical support staff (Farley, et al., 1998). Given this environment, effective communication with staff regarding change is essential to the success of libraries and other information organizations. Horenstein found that communication with library staff about the implementation of change is also important in fostering high levels of job satisfaction amongst library staff (as cited in Farley, et  al., 1998). Yet, although there is a substantial body of literature dealing with change management in information organizations (Farley et al.), little has been written about the specific application of communication research to the needs of information organizations facing change. For instance, a literature review conducted in conjunction with a study described below (Chalmers, Liedtka, Bednar, 2006) uncovered no literature published specifically on library communications assessment since the 1980s. In a review for librarians of change management literature from the business world, Smith (2006) addresses communicating in times of change by developing a series of rules of effective communication drawn from the literature. One of these rules states that managers should recognize that not all organizations, and not all individuals within organizations, will react to change the same way, and that communications should be geared accordingly, echoing the above-described communication model that incorporates targeted messages (Barrett, 2002). Another of Smith’s rules emphasizes the importance of making communication about change a two-way process incorporating a variety of communication methods including written, verbal, large and small group meetings and one-on-one encounters, and formal and informal venues, applying Kotter’s (1995) message about incorporating change communication whenever there is opportunity to do so. Though Smith’s article is directed towards library professionals and, since it is published in the journal Library Management, is a useful vehicle for introducing concepts change communication research that librarians may not otherwise be exposed to, Smith does little more than review current literature and does not attempt to draw lessons from the literature to apply specifically to information organizations. On the other hand, Chalmers, et al. (2006) apply lessons from the literature of business communications to develop a survey that identifies the primary communication channels within the staff of a large academic library and assesses staff satisfaction with communication processes. They then provide recommendations based upon their experiences regarding how such an audit may be conducted in other similar organizations. The communications audit was conducted at California State University, Fullerton’s Pollak Library, in response to a perception of diminished morale and increased staff isolation in response to rapid changes in management  philosophy, staffing, and the introduction of new technologies. Library staff reported a relatively high rate (76%) of satisfaction with their level of informedness about changes within their own department, but indicated that they were less satisfied (46% satisfaction rate) with the degree to which they received information about the long range planning and goals of the library as a whole. Staff received their information both through formal library communications (newsletters, website, etc.; 80-98%) and informal channels (91%). Chalmers et al. describe how the survey instrument developed could be used to establish baseline data about intra-organization communication channels and identify areas of staff dissatisfaction with communication within the library . Future directions Although there is a significant body of work in the business management field that deals with effective intra-organizational communication in times of change, little of this work has been applied in a way that is specific to the needs of information organizations. Given that information organizations have been and are facing a period of rapid and intensive change, work that applies the change management lessons learned in the business world to the needs of libraries would be especially timely. In particular, case studies of information organizations that have implemented communication strategies and are monitoring the effectiveness of these strategies in facilitating change would be useful starting points for other information organizations facing change. In addition, the adaptation of existing theoretical models of intra-organizational communication to information organizations may provide a useful starting point for the development of communication strategies, goals, and objectives . In the greater body of business management literature regarding change communication, the primary focus of most research has been on top-down communication: methods by which leaders may effectively promote their vision amongst employees (Jones, Watson, Gardner, Gallois, 2004). Although several workers (Adamson, 2006; Chalmers et al. 2006; LeTourneau, 2004; Smith, 2006) emphasize the importance of feedback from employees to management, and communication between employees, there is little material that deals with methods to assess the importance of or to actively cultivate  these types of communications within an organization (Jones, et al., 2004). Additionally, communication and coordination between departments may become increasingly important during times of change; for instance, in libraries the introduction of new technology may necessitate greater collaboration between IT departments and reference, circulation, or other services. Further investigation into means of facilitating collaboration between formerly non-interacting departments during times of change would be a helpful addition to the current literature on this topic. References Adamson, G., Pine, J., Van Steenhoven, T., Kroupa, J. (2006). How storytelling can drive strategic change. Strategy and Leadership, 34(1), 36-41. Barrett, D. J. (2002). Change communication: Using strategic employee communication to facilitate major change. Corporate Communication: An International Journal, 7(4), 219-231. Chalmers, M., Liedtka, T., Bednar, C. (2006). A library communication audit for the twenty-first century. Portal: Libraries and the Academy, 6(2), 185-195. Denning, S. (2005). Transformational innovation: A journey by narrative. Strategy and Leadership, 33(3), 11-16. Denning, S. (2006). Effective storytelling: Strategic business narrative techniques. Strategy and Leadership, 34(1), 42-48. Evans, G. E., Ward, P. L., Rugaas, B. (2000). Management basics for information professionals. New York: Neal-Schuman Publishers, Inc. Farley, T., Broady-Preston, J., Hayward, T. (1998). Academic libraries, people, and change. Library Management, 19(4), 238-251. Ford, J., Ford , L. (1995). The role of conversations in producing intentional change in organizations. Academy of Management Review, 20(3), 541-570. Jones, E., Watson, B., Gardner, J., Gallois, C. (2004). Organization communication: Challenges for the new century. Journal of Communication, 54(4), 722-750. Kotter, J. P. (1995). Leading change: Why transformation efforts fail. Harvard Business Review, 73(2), 59 – 67. LeTourneau, B. (2004). Communicate for change. Journal of Healthcare Management, 49(6), 354-357. Smith, I. (2006). Communicating in times of change. Library Management, 27(1/2), 108-112. Van der Waldt, D. (2004). Towards corporate communication excellence in a changing environment. Problems and Perspectives in Management, 3, 134-143.

psychology: male eating disorders :: essays research papers

Eating Disorders are psychological disorders that result from a drive to be thin. They are broken down into three categories, anorexia nervosa, bulimia nervosa, and binge-eating disorder. Anorexia nervosa is diagnosed according to the DSM-III-R in individuals with body weight that is significantly lower than the norm, extremely concerned with weight and shape, distorted self-image, and an absence of three consecutive menstrual periods, in women. Bulimia Nervosa is diagnosed according to the DSM-III-R in individuals who have recurrent binge eating episodes, have weight and shape concerns, have a lack of control over such behavior, and have compensatory behaviors (e.g., vomiting, fasting, misuse of laxatives, or excessive exercise). Binge eating disorder has much of the same criteria as Bulimia Nervosa with the exception of the compensatory behaviors. This study has several goals. First, the authors compare men with eating disorders to women with eating disorders, specifically to find clinical similarities. Because eating disorders are considered rare in men, the authors set out to investigate the differences between the two sexes. Second, the authors wanted to find differences in men with eating disorders and normal men. The authors also set out to find a representative sample that would provide the greatest validity. Concentrating on men with eating disorders, the authors also were looking for a correlation between eating disorders and other psychological disorders, such as affective disorder, anti-social personality disorder, and substance abuse. On the subject of sexual orientation, the authors explain, "...although an obvious area of investigation, (sexual orientation) was deemed too sensitive a topic for a government-sponsored survey and unfortunately was not assessed". METHOD Subjects Sixty-two men meeting the DSM-III-R criteria of an eating disorder, 212 women with equivalent eating disorders, and a control group of 3,769 men who had no presence of an eating disorder. Measures Community survey. Random houses were selected in Ontario. From each household an individual aged fifteen years and older was chosen at random and then administered the Mental Health Supplement to the Ontario Health Survey. The individual was then asked to submit written informed consent prior to the interview. A sample size of 9, 953 individuals was obtained by these means. Subject reduction. Using the University of Michigan's version of the World Health Organization Composite International Diagnostic Interview, the subjects were narrowed down. During this process, individuals were interviewed for one to two hours by trained interviewers. The subjects were assessed for anxiety disorders, substance use and or abuse, affective disorders, anti-social personality disorder, and of course eating disorders.

Xacc 280 Final

Financial Analysis Coca-Cola and PepsiCo XACC/280 Financial Analysis An official financial analysis for a specific company needs two years of financial data from the company and from a competitor in the same industry. This financial analysis is between PepsiCo, Inc. and Coca-Cola. Pepsi and Coca-Cola dominate the beverage market worldwide. In addition to sodas, they also distribute a variety of water and energy drinks. Based on the analysis, the investor will be able to make a better investment choice. Liquidity, solvency, and profitability are the three characteristics that will be used to see a company’s success.A simple financial statement will not demonstrate the company’s power because it is a general idea of the company’s position and does not display business developments. The company’s business developments are vital for potential investors because they determine vertical and horizontal analysis. These characteristics are also used to define the ra tio analysis. Ratio analysis is dividing two numbers to get a number of percentages that can be used to compare companies in the same industry. Examining the entire company’s financial trends for a set period of time, an investor will see a factual description of the company’s financial condition.This is the financial analysis an investor desires to review prior to spending money. Liquidity measures a company’s ability to pay their debts when they are due. It is identified as a ratio or percentage of the current liabilities and calculated by dividing the current cash by the current liabilities. It is a fast way to understand if the company’s future is appealing to the investor. If the company is not turning a profit quick enough, it may be a sign of liquidity problems. This is the primary reason why an investor should compare two competitors while looking at the liquidity ratio.To define the current liquidity we use the formula: current ratio = current as sets divided by current liabilities. The most vital measure of this situation is that the right information is used from the balance sheet. PepsiCo, Inc. ’s Liquidity Ratio: 2005 Current Ration = $10,454 (current assets) divided by $9. 406 (liabilities)=1. 11% 2004 Current Ration = $8,639 (current assets) divided by $6,752 (liabilities) =1. 28% Coca-Cola Liquidity Ratio: 2005 Current Ratio= $10,250 (Current Assets) divided by $9,836(Current Liabilities) = 1. 4 % 2004 Current Ratio= $12,281 (Current Assets) divided by $11,133(Current Liabilities) = 1. 10% The evaluation of current assets compared to the current liabilities is solvency. Divide the current assets by current liabilities to determine the solvency. It will show the company’s long-term responsibilities. When the ratio is higher the company is more likely to meet their obligations and have growth in their industry by expenditures. The lower the ratio the company is less likely to meet their obligations. The st andard ratio for solvency is about 20% dependent upon the industry.The measure a company’s ability to generate assets versus expenses in an allotted period of time is profitability. If the ratio is higher or equal to their competitors’ preceding time period the company is in good standing. Periods of time are used to determine profitability and it is common to see the profitability increase and decrease all through the year. This is reason profitability is examined on a full fiscal year. The examination of the trends is horizontal analysis. An income statement, retained earnings statement and balance sheet are ways to implement the horizontal analysis.It will show the company’s financial data for a set period of time and a great instrument to know if the company is worth investing in. PepsiCo, Inc. ’s Horizontal Analysis: 2005 total current assets $10,454 divided by $8,639 total current assets 2005 = 21% 2004 total current liabilities $9,404 divided by $6 ,752 total current liabilities 2004 = 39%. PepsiCo, Inc. had an increase in total assets by making loans. Pepsi increased their debt over the previous years and this shows an unstable business. Coca-Colas Horizontal Analysis: 005 total current assets $10,250 / $12,281 = 83. 5% or a decrease from 2004 to 2005 2004 total current assets $9,836 / $11,133 = 88. 4% of an 11. 6% decrease. Coca-Cola had a decrease in their debt. This indicates that Coca-Cola has a more solid business plan during this time period. Coca-Cola is also in a better monetarily stable place to pay back their debt. Vertical Analysis or the common size analysis is calculated by dividing the Balance Sheet items by the company’s total assets. This number is then turned into a percentage for easier comparison.This percentage represents the growth within the company. Positive retained earnings and debt retention are shown through positive and negative percentages. PepsiCo, Inc. ’s Vertical Analysis: 2005 â €“ $1,716 (cash and cash equivalent) divided by $31,727 (total assets) =5. 4% 2004 – $1,280 (Cash and cash equivalent) divided by $27,987 (total assets) = 4. 6% The proper way to do vertical analysis for the PepsiCo. Inc. is to use the different line items from the balance sheet and divide each one by the company’s total assets. Both of these items are taken from the balance sheet.The total cash percentage and the cash equivalent percentages are related to the total assets. Coca-Cola Vertical Analysis: 2005 – $4,701(Cash, and Cash Equivalent) divided by $29,427(Total Assets) = 1. 6 % 2004 – 6,707(Cash and Cash Equivalent) divided by $31,441(Total Assets) = 2. 1 % Observing all the facts, it is clear to see that Coca-Cola has lower assets. Lowering their assets means that Coca-Cola used their assets to pay down or payoff their debt. This is a fact that most investors would strongly look at while determining where to invest.At this point Coca-Cola is ab le to spend more that will allow Coca-Cola to grow financially. After all of the factual numbers are observed, it is the time to decide which company is better to invest in. The only other elements that require examination is the personal choice and media influence. To look at which company has better advertising or taste is not the best way to decide but is a factor that is shared among un-educated investors. A financial investor would not encourage the investor to invest from his or her gut feelings.They would try to persuade the investor to use facts and figures as well as the reputation of the company. Although Coca-Cola posted stronger numbers in the Vertical Analysis, PepsiCo, Inc. posted stronger numbers in the Liquidity category. The Horizontal Analysis was also not the strongest showing for the PepsiCo, Inc. were lower even though they weren’t decreasing at the rate of Coca-Cola. This is harder to pick a better investment. Although Coca-Cola is decreasing their perce ntage of liabilities their total percentage of liabilities was higher.These facts and figures determine that Coca-Cola and PepsiCo. Inc, are both strong companies. They are also strong competitors. However, Coca-Cola seems to be handling their monies and financial investments in a more effective way. It seems that Coca-Cola is a stouter and more sensible investment. References: Principal of Financial Accounting 6th Edition. Weygandt,Kiesco, Kimmel www. pepsico. com/index. html#/flash/pepsico_slide. swf PepsiCo. com The Coca Cola Company. www. thecoca-colacompany. com/

Baltimore City Department of Social Services v Bouknight and Tarasoff v. Regents of University of California

The fields of social sciences and the legal system have become inextricably linked in response to the development of system processes to aid in problem solving. Each of the fields informs the other, utilizing their respective extensive expertise and knowledge-based literature to address the prevailing challenges in the society. In the desire to address the complex criminality and societal problems that beset the nation, the legal system and the practitioners of social sciences are inevitably linked so that the knowledge base and expertise of one can collaborate with the other and vice versa.The development of therapeutic jurisprudence became an imperative, each field having an impact on the other towards the creation of systemic processes to solve society’s problems. The civil liberties accorded under the Bill of Rights are safeguards against the vast powers of government. Their existence and observance ensure individuals from the undue governmental interference and interventi on. One of these privileges is the right against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † However, in the case of Baltimore City Department of Social Services v Bouknight, the defendant was ordered incarcerated for refusing to disclose the whereabouts of her child who was believed to be abused. The Court ruled that the privilege is inapplicable considering that what was demanded of Bouknight was not testimonial in character.Moreover, assuming that it was, the Court ruled that as between the individual right and public interest; the latter should prevail. The safety and well being of a child is a matter of public interest and therefore Bouknight can be compelled to disclose the necessary information. In the case of Ta rasoff v. Regents of University of California, the Court ruled that a therapist/physician can breach his duty of confidentiality with respect to matters disclosed by his patient in the course of treatment by warning the readily identifiable person of the peril or harm to his life.This duty to warn is countenanced by law or by the code of ethics of physicians. This ruling also serves as an exception to American negligence cases where special relationship of parties must be held to exist. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988) A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant.Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a â€Å"child in need of assistance† and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A. 2d 1135]. On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination.According to the Court, the p roduction of the son is testimonial in nature because by doing so, it only proves Bouknight’s â€Å"continuing control† over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U. S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The U. S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari.The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-a-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child tak es precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Fifth Amendment: Right against Self-Incrimination The Fifth Amendment originated from England and derived from the Latin maxim â€Å"nemo tenetur seipsum accusare† meaning â€Å"no man is bound to accuse himself† (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968). In the U.S. , after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include â€Å"in any criminal case† (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, â€Å". . . nor shall be c ompelled in any criminal case to be a witness against himself . . . † (U. S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is â€Å"to protect the innocent and to further the search for truth† [Ullmann v.United States, 350 U. S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for â€Å"the preservation of the accusatorial system of criminal justice. † This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v.Arizona, 384 U. S. 436, 460 (1966); Schmerber v. California, 384 U. S. 757, 760–765 (1966); California v. Byers, 402 U. S. 424, 448–58 (1971)]. The privi lege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony. The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † According to the court, ‘testimonial’ refers to all communications whether express or implied which â€Å"relate to a factual assertion or disclose information† (Ashby, J. , 2006 citing Doe v. U. S. , 487 U. S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J. , 2006) and is not limited by the forum where it w as elicited, i. e.before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U. S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or â€Å"provides a link to the chain of evidence for prosecution under a criminal statute† [United States v. Hubbell, 530 U. S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to â€Å"circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer† (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U. S. 391(1976)]. Legal and Ethical Issues and their Impact on Social Work Practice The main legal issue in the case of Baltimo re is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992).In other words, the three requisites concurred, i. e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened. The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U. S.Supreme Court (California v. Riegler, 449 U. S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U. S. v. Doe, Fisher v. U. S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoe na have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’ but merely evidentiary United States v. Flanagan, 34 F. 3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-a-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v.Byers, 402 U. S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bo uknight, â€Å"the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting† (Alderman and Kennedy, 1992).In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse.Once it has been established that a child is abused, it becomes the duty of the State to take over and protect. The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in f oster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005).A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with â€Å"Ariel† who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel. Tarasoff v. Regents of University of California, 17 Cal. 3d 425 A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture.It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he so ught professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released.Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case. When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel for â€Å"failing to warn their daughter of an impending danger† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). At the lowe r court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party. The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed.However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). In fine, the complainants averred four (4) causes of action, namely: a) â€Å"Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement.As regards the third cause of action, the government immunity includes the â€Å"award of exemplary damages resulting from a wrongful death† and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life.Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Confidentiality The effective therapeutic relationship between physician/psychiatrist and patient rests largely on tru st that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril.In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). The parameters of confidentiality are defined by law and by the ethical code of co nduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. â€Å"if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community† (Tarasoff v. Regents of University of California, 17 Cal. 3d 425).It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practi tioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v.Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U. S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm.Subsequent rulings of the court clarified and defined what constituted ‘threat’ as â€Å"imminent threat of serious danger to a readily identifiable victim† and â€Å"specific† (Corbin, 200 7). When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the â€Å"mandated reporting guidelines† required by some states.Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable. Legal and Ethical Implications and their Impact on Social Work Practice The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties.In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2 001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999).This legal duty to warn applies when the threat is specific and imminent and where the victim is â€Å"readily identifiable† (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the â€Å"accepted professional standards† (Bickel, 2001).There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality.Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence f or therapists to accept â€Å"treatment potentially violent patients† (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted. The Tarasoff protective disclosure was even extended recently to include even â€Å"communications made from a patient’s family member† as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008).The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, â€Å"clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes† (Kachigian and Felth ous, 2004). References Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action.First Avon Books edition. Ashby, J. (February 2006). Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.California v. Byers, 402 U. S. 424, 448–58 (1971). Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4. Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: T he Free Press Doe v. U. S. , 487 U. S. 201, 209 (1988). Fisher v. United States, 425 U. S. 391 (1976). Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal of American Academy of Psychiatry and Law Online, Vol. 23:263-273.Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination. May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off. ’ ECounseling. American Association of Christian Counselors. Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265. New York v. Quarles, 476 U. S. 649 (1984). Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed. Saltzman, A. and Furman, D. (1999). Law in social wor k practice. Brooks Cole, 2nd edition. Schmerber v. California, 384 U. S. 757 (1966). Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education. Tarasoff v. Regents of University of California, 17 Cal. 3d 425. Ullmann v. United States, 350 U. S. 422 (1956). U. S. v. Doe, 465 U. S. 605. United States v. Hubbell, 530 U. S. 27 (2000).

Mary Tudor I essays

Mary Tudor I essays Mary I was born in 1516 into the Tudor dynasty of England. She was the daughter of King Henry VIII and Catherine of Aragon. She was the only surviving child from her parents marriage. Her early life consisted of neglect, intolerance, and bad health. She was a staunch catholic from birth, and was constantly pressured by others to renew her faith. She married Philip II of Spain in 1555, and after her marriage a gradual dislike for her husband became present. The events in England at the time involving the Protestant church brought England many problems when Mary I came to the throne. Mary Tudor did not like the idea of Protestant church service in England. She was steadfast in her beliefs as a Catholic and wanted to restore England to the Roman Catholic faith. Her chaotic reign began at the 37 and would last five more years. (1553-1558) Her major goal as Queen was the re-establishment of Catholicism in England, a goal in which she was totally devoted to. She began her reign by sweeping away the religious improvements of her father. Mass was restored without opposition and the authority of the pope reestablished, but Parliament refused to restore the church lands seized under Henry VIII. Other acts against the church eventually led to a complete failure in restoring Catholicism to England. It was apparent that England was more Protestant by the end of her reign that it had been at the beginning. Additional struggles outnumbered than accomplishments during her reign. The economic situation was in ruin, and religious dissent reached a peak. Even more disastrous was her marriage with Philip II of Spain. Her marriage was designed to enforce Roman Catholicism on the subjects of the kingdom. English people however, hated foreigners especially the Spanish. Twenty years of Protestantism had soured the English on practices with the Roman Catholic Church. Her anger towards Protestants in England brought her to carry out re ...

Soda essays

Soda essays Soda, pop, seltzer, tonic, sparkling water - these are all names for carbonated drink, more commonly known as soft drink. It is the latest trend in beverages today. Almost every individual consumes this type of drink thinking that it quenches their thirst because of its unique taste. But little do they know that this beverage subtly destroys them. The production and consumption of carbonated drinks should be minimized because it can lead to health problems or in worst case, death. Soft drinks are extremely acidic which may lead to certain health disorders. These sodas contain phosphoric and carbonic acids, two substances that can corrode almost anything when ingested in pure amounts. Phosphoric acid is diluted to become nontoxic and is usually mixed with carbonated drinks to give its characteristic sour taste. Scientific studies reveal that elevated levels of phosphates eliminate essential vitamins and minerals from the body, leading to an abnormality when life processes (digestion, respiration, etc) are carried out. Also, a severe lack of minerals can lead to heart disease (lack of magnesium), osteoporosis (lack of calcium), and many other diseases. Moreover, these drinks can wear away the enamel of the teeth which may cause tooth decay and may result to further dental problems. Imagine the digestive tract as a rusty car bumper. When sodas are poured in the bumper, the rust is immediately removed. This is what these drinks really do to our body. Carbonated drinks are mainly composed of distilled water, some additives, and a large amount of refined sugar. This means that these beverages just add calories and thus makes one gain weight. But is shifting to diet soft drinks the solution? Probably not. The fact is that diet carbonated drinks contain aspartame, an artificial low-calorie sweetener. Although aspartame does not add up the calories, it makes one feel hungrier and crave for more food. In add ...