Information Technology Governance in Colleges Research Paper

Information Technology Governance in Colleges - Research Paper Example This paper also aims at contemplating the major challenges and limitations faced by CIOs and senior management when trying to successfully implement IT governance in colleges. General consensus is that IT is now being tried to be made an essential part of almost everything performed within a college with growing awareness that it must be integrated into institutional planning to address the dynamic needs of high school environment. Future research directions and areas in which further development is required in context of IT governance are also included in the paper. There is a growing body of research related to the application of Information Technology (IT) governance in higher education which suggests that it is high time now for the educational institutions to acknowledge the critical importance of formalized IT governance systems (Lainhart, cited in Brobst and Council, 2005, p. 31). This is because without proper establishment of IT governance, low productivity results along with wastage of already limited financial and human resources. There is critical importance of establishing a framework of IT governance before a self-assessment program or information security plan is written (Custer, 2010, p. 41). Full-blown project planning is worth mentioning here as it is claimed that with this type of implementation, â€Å"there are fewer bumps in the road to completion and fewer surprises during implementation† (Armstrong, Simer, & Spaniol, 2011, p. 91). One of the important most goals for employing IT governance practices or framework is to reduce the number of security incidents which continue to rise among colleges and universities â€Å"resulting in significant cost† (Custer, 2010, p. 25). IT governance systems are important to implement in colleges because they effectively combat security breaches which increase security

Biological Control as a Pest Management Strategy

Biological Control as a Pest Management Strategy Several researches were carried out by different organisations in Mauritius to implement biological control in Mauritius as a component of our local Integrated Pest Management strategies. However, it can still be observed that most of the natural enemies which have been introduced over the past few years are unable to match up with their expected efficacy on the field. Only a portion of the introduced natural enemies are very efficient in pest control and maintaining their level of infestation below the economic threshold level, for example, natural enemies used in sugar cane field are very effective and necessitates no pesticide and herbicide use to control pests thus, reducing the cost of sugar cane production. However, those vegetables planters in Mauritius that are aware of the principles of biological control tend to misjudge the use of biological control as a method of pest management, they are both right and wrong in certain ways. Based on the data collected during this research, it can be clearly seen that the efficacy of natural enemies differ from region to region. Depending on the natural enemy species, some are more effective in certain regions compared to others. Some natural enemies have the potential of being a very good effective biological control, however, it is seen that their performance on field is not sufficiently satisfactory. Before implementing a new biological control programme, several procedures are followed so as to choose the best performing natural enemies. Threats to natural enemies’ efficacy are present in many forms. The biggest threat and most common one is the application and overuse of chemicals such as pesticides and insecticides. Based on the survey data obtained, it is seen that most farmers apply pesticide every week. The use of chemical pesticides has increased significantly during the past 10 years. The application and pesticide residuals are severe threats to natural enemies, most especially parasitic wasps, flies and predators. A good example would be planter N01 where a sample of Plutella xylostella (L) was collected to evaluate the parasitoid Cotesia plutellae. The farmer makes use of selective pesticides and applies a minimum amount on his infected plants and the rate of pesticide application is every 2 weeks. The efficacy of Cotesia plutellae in his field was seen to be as much as 50% that is, half of the larvae evaluated were parasitized by the wasp. On the other hand, another sample of Plutella xylostella (L) was collected on planter’s W02 field and the efficacy of Cotesia plutellae evaluated was found to be much lower than the N01 sample, 16% respectively. From the survey data, it was seen that planter W02 makes use or a larger selection of chemicals and applies them every week, the rate of pesticide application is twice as more for planter W02 than for N01.Another interesting observation made while carrying out the survey. It was the way some of the planters prepare their pesticide solution, some of them clearly use much more pesticide than the amount recommended. Some of them tend to mix several pesticides together and made a pesticide â€Å"cocktail† out of them, making the final solution have a broader spectrum. Though the prepared pesticide cocktail solution might be effective against the pest, but it also has a negative impact on natural enemies present on the field or the surrounding fields. Due to the â€Å"cocktail effect†, it is possible that chemicals in the mixture might interact to produce an increase in its toxicity. This might be a reason for the low efficacy of natural enemies. Farmer A may be taking good measures of IPM and using less chemicals, but the overuse and misuse of pesticides by the other nearby farmer(s) will sure affect biological control on farmer’s A field. Another case encountered with high natural enemy efficacy is with sample W01 which consisted of Aphis gossypi collected a Saint Martin, a village situated in the West of Mauritius. The efficacy of the parasitoid wasp Lysiphlebus testaceipes was of 48%. The sample was collected on a calabash plant. What was most interesting was that calabash was not the planter’s main crop, only a few trees were planted at the corner of the field and let to grow without taking care of and no pesticide and other chemical application. This might be why the efficacy of the parasitoid was relatively high. A very important cause of biological control failure is the planter’s attitude and knowledge about natural enemies and biological control. Most farmers surveyed had very good knowledge about the pest threat they usually face, they also can identify the damage causing pest and use appropriate measures. On the contrary, it was found that most of them (97%) do not have any knowledge on biologi cal control, they did not know the existence of beneficial organism controlling damage causing ones. For this reason, they cannot be expected to recognise and adopt conservative measures to preserve natural enemies, such as formerly mentioned, reduce pesticide use, habitat management and modify biological and ecological aspects to enhance natural enemies such as elimination of secondary enemies. It is believed that sensitisation by the responsible authorities is important to the planters so as to improve the overall IPM in Mauritius. On the other hand, even if proper sensitisation is made to all planters, it might still be quite challenging to increase the natural enemy efficacy. Most planters in Mauritius have a mindset that makes them disbelief in something they do not see with their own eyes. Also, farmers won’t be willing to abandon their traditions which were passed on to them by their parents and grandparents. The use of chemicals in Mauritian agriculture is far from being regulated. Farmers say that their budget are often limited and that they cannot take risks of trying something new due to the fear of it not being a success and of losing everything. This is due to the fact that biological control does not completely eliminate the pest population but in fact it only reduces the pest level to a minimum acceptable level. This is usually unacceptable to the farmer who wants to see his field entirely free of any pest. If no proper conservative measures and natural enemy monitoring are applied, another pest outbreak may occur inflicting losses to planters. These are reasons why planters in Mauritius prefer to use pesticides as a method of pest control. Also, though most planters are not willing to change their traditional way of pest control, some of them are sometimes willing to adopt new IPM strategies in order to control pests, such as the use of bait traps and sticky traps, but those traps also act against natural enemies, mostly tiny parasitic wasps. Some good agricultural practices also can contribute in biological control failure, for example, crop rotation is a good way of reducing pest population, but if the host plant essential for the pest survival is not available, neither will be the pest or their respective natural enemy. The use of pest resistant varieties is also a good way to avoid pest outbreaks but is the crop is too resistant to pests, biological control will be very hard to establish if no other sources of habitat and food are present. Another aspect having an effect on natural enemy efficacy evaluated during this research was the climatic factor in the different regions that is mainly the microclimate present in the different sites selected for sample collection. It was found that climate change has an impact on insect phenology and the distribution of phytophagus insects especially Lepidoptera. This explains the rapid development and vast distribution of the pest Plutella xylostella throughout Mauritius. In the chi square test done and presented in table 3.8 in the previous chapter, it was found that the p-value to be less than 0.05 for the natural enemy Cotesia plutella, meaning that the efficacy of the parasitoid is dependent to the climatic factor in different region. In fact, both the hymenoptera parasitoid evaluated was seen to be dependent on climatic factors compared to the other natural enemies evaluated in the chi square test (Refer to Appendix 1). This describes the difference in efficacy of the parasite around Mauritius. It was found by Nofemela, 2004 that the parasitoid Cotesia plutellae can develop on a wide range of temperatures (8.14oC – 33oC), thus, another deduction that can be made about the efficacy of Cotesia plutellae is that the parasitoid density present in the different regions is not the same. In all cases of planter interviewed, it is found that the planters noticed an increase in temperature and in change in rainfall pattern and intensity. The planters also mentioned that the warmer it is, the more the risk of a pest outbreak, for this reason, they usually apply more pesticides in summer. It is concluded a changing (warming) climate and use of chemicals in agriculture are directly and positively related. Despite the fact that some pests became resistant to pesticides and other chemicals, farmers still apply pesticides knowing that no results will be seen. To some extent, climate change will be responsib le for the increasing overuse of chemicals and agriculture which can in turn lead to a decrease in biological control efficacy. A change in insect phenology might also affect the host and natural enemy synchrony, a fail in synchronisation with the host life cycle might cause drastic decline in biological control for reproductive failure. Other factors which was seen to affect the efficacy of natural enemies was the coexistence of the pest with other organisms which provide protection to the pest against natural enemies. The two species of mealy bug studied, the Paracoccus marginatus and the Icerya seychellarum were seen to coexist with ants in all the pest samples collected. The ants harvest a substance called honeydew from them which is secreted by the mealy bugs, and in return they provide protection against natural enemies, mostly predators. The efficacy of the Paracoccus marginatus predator Exochomus laeviusculus might not be the same on the field than the one evaluated in the lab, on the field, especially on papaya trees where the Paracoccus marginatus samples were collected the mealy bugs were found to be compacted on the trees, stems and fruit, like a large white cottony lump. A waxy texture was present on all the mealy bug colonies, this may explain why the pest is being hard to control. The waxy substance pr events chemicals to penetrate into the colony layer and natural enemies can only feed on the lonely nymphs wondering around with no protection. Also several species of ladybugs and other predators like spiders and sparrows were seen on the same tree. Such cases might generate a competition among predators and the efficacy of a selected predator for example the coccinelid Exochomus laeviusculus may not be the same compared to a scenario where the coccinelid is the only predator preying on the pest. A very low parasitism rate was recorded for the parasitoid Cryptochetum monophlebi biological control of the pest Icerya seychellarum, this might be because of the presence of ants, chemicals present in that particular environment, but also, the Cryptochetum monophlebi being the order Diptera. It is known that Dipterans are the favourite food of lizards and some other insectivorous reptiles. Due to the presence of those reptiles on tree fruits, it can be a reason why the efficacy of the parasitoid is too low. The efficacy of the ladybug Nephaspis bicolor, predator of Aleurodicus dispersus was also evaluated in the lab and its efficacy, just like other natural enemies evaluated was seen to vary from region to region. However the efficacy was seen to be very low, although no ants were present where the Aleurodicus disperses sample were collected, the efficacy of the Nephaspis bicolor was as low as for the Exochomus laeviusculus. Coccinellid are more effective when several of them are present, for an efficient biological control using ladybugs, a high population must be available and maintained in the field throughout the crop cycle on which the pest is present. When no food is present, the ladybug beetle will tend to move away to another area where the pest is present or find another sources of food so as for them not starve to death. If only a few are present, they will only prey on a fewer amount of pests, making no differences to the pest population, also, they might get eaten up by bird s or lizards present on the field. However both the ladybugs evaluated are independent to the climatic factor present in the regions in which they were collected (P > 0.05). It means that the regions from which they were collected does not have an effect on their efficacy. Another aspect of IPM for sustainable pest control would be the use of biopesticides, such as microbial pesticides and botanical pesticides. Only 32% of all the planters interviewed know about the availability of this kind of pesticide. Most of them think they are expensive and ineffective. However, since biopesticides are not manufactured locally, the price of the biopesticides is almost the same as for chemical pesticides. This is a reason why planters prefer to buy chemical pesticide and don’t take the risk of purchasing something they are not sure about. Planters also think it is troublesome to prepare their own botanical pesticides using locally available plants such as neem and citronella and much more. Botanical pesticides do not harm the environment and the efficacy of natural enemies will be sure to be boosted if more planters adopt the use of biopesticides. Another interesting observation made while processing the results obtain. It was that the efficacy of natural enemies evaluated in the different agro ecological zones selected does not differ greatly. The efficacies are in the range of 15.8% to 20.2% respectively. It can be concluded that the natural enemies evaluated have a good adaptability to the local climate, which is a major characteristic for being a good natural enemy as failure to adapt to the climate and environmental factors is among the factors in biological control failure. Nevertheless, it is observed the average efficacy is lower in super humid regions compared to sub humid regions. As mentioned earlier, this might be due to the practices of the planters on their farm and also the difference in temperature, causing changes in both the natural enemy and the host pest’s phenology. In crops producing fields in Mauritius, it was deducted that the use of natural enemies is effective to certain extent, but not as effective to be able to control a pest by themselves. This was the case in every area investigated regardless of the land use diversities. The land use also can prove to be very determining in biological control. An example would be the pest Aleurodicus disperses, the sample (CO5) was collected in Vacoas where the citrus trees were in a field situated in a residential area. The trees were found on the road side and were heavily infected near the stem and underneath the leaves. The beetle Nephaspis bicolor was scarce and very difficult to count. On the other hand, sample CO8 of Aleurodicus disperses was collected at Ripailles, the trees were found in a field surrounded by other vegetable fields and sugarcane. The tree was rich in ladybug population, and the beetle Nephaspis bicolor could be easily collected. This proves that land use and vegetative cover h as an impact on the presence of natural enemies. For example, maize areas have a positive effect on ladybug density present and thus, this explains the low pesticide use in maize crops (Zhou, 2014). Vegetative covered areas provide food and shelter for natural enemies. A region of high vegetative cover will tend to have greater densities of natural enemies compared to a region of low vegetative cover or bare land with no vegetation at all. Other crops or trees have abilities to attract some natural enemies, so planting those trees on the field will tend to enhance biological control. Some farmers, especially large scale farmers often wipe out their field to remove everything left after harvesting, this also is a very bad approach if we want biological control to succeed. With no vegetation to provide shelter, the beneficial organisms will tend to move to another habitat or die out. A good monitoring schedule must be setup in order to ensure the status of natural enemies and their efficacy must be evaluated regularly. This is mainly to make sure that biological control is going on smoothly and whether human intervention is needed to provide a boost to the natural enemies in order to increase their performance. However, none of these seem to be present on the field where the evaluations were carried out. Although a very good method of foreign exploration and introduction of natural enemies were done by local organisations, no further monitoring programs are carried out. In some areas of the country, for example Saint Martin, Surinam and Belle Mare, in all which a pest sample was collected, several small planters are present ad a few large scale planters. Their field are close to each other and can be combined together to form a very large area for crop production. The efficacy of the respective natural enemies was very low compared to other areas. The reason might be because each and every farmer makes use of their own type of pesticides in their own personal ways. And pesticides being applied to such a large area will surely cause toxicity to the land and water resources found nearby. Such a large amount of pesticide application decreases the density of the available natural enemies. A lower natural enemy density and failure to reproduce will lead to a fewer amount of parasitized or preyed pest. Ladybug beetles tend to be very good pest destroyer as both the larvae and adults are voracious eater. However, a very interesting observation was made on a papaya tree infested with mealy bugs. Several species of ladybugs were present on the tree. Some unusual activities were observed. A ladybug larva was seen feeding on another ladybug larva which was of a different species. Cannibalism might also be a factor of low efficacy among coccinelid. This is an issue of host specificity and competition among pest predators. Concerning the parasitoids evaluated no cases of hyperparasitism, multiparasitism or superparasitism was detected.

Rebuttal to Killing Them Softly Essay -- Jacob Sullum Tobacco Essays

Rebuttal to â€Å"Killing Them Softly† â€Å"Killing Them Softly,† an essay by Jacob Sullum, addresses the issue of Senator Judd Gregg’s bill to give the Food and Drug Administration control over tobacco products. This bill would allow the FDA to make such decisions as halting tobacco companies’ marketing of safer tobacco products and reducing the nicotine content in cigarettes. Sullum argues that by giving the FDA the power to make such decisions, individual consumers would be disadvantaged and lives could possibly be lost instead of saved. If given control of such decisions, the FDA would not allow the introduction of safer tobacco products as they feel this will increase the number of smokers. They feel more people will begin using these products that are advertised as less harmful substances, whereas Sullum feels it would be better for people to change their habits to these â€Å"safer alternatives.† Sullum fails to consider benefits of relinquishing control to the FDA, however. By c onsidering some of the positive results, Sullum might develop a different opinion and support the bill as he should. One major point that Sullum tries to emphasize is how people’s health will be disadvantaged once the FDA is given control. When making the decision about marketing safer tobacco products, the FDA is concerned about how the introduction of smokeless tobacco will be interpreted by the â€Å"population as a whole.† Sullum, on the other hand, believes the concern should be with individual consumers. He believes smokers could be doing something healthier for themselves if the FDA promoted smokeless tobacco. However, the FDA believes advertising smokeless tobacco as a less harmful substitute for cigarette smoking misleads people and encourage... ...rth thinking about, it is in the best interest of the â€Å"population as a whole† that the Food and Drug Administration be given the rights to control the image that tobacco receives and exploit its negative aspects. Works Cited 1Up Health. Tobacco Use - Smoking and Smokeless Tobacco. 2003. 9 Oct. 2003. . Just Eliminate Lies. A Division of Tobacco Use Prevention and Control. 9 Dec. 2003. . Kick Butts Day. Campaign For Tobacco-Free Kids. 9 Dec. 2003. . Sullum, Jacob. â€Å"Killing Them Softly.† Reason Online. 19 Sept. 2003. 2 Oct. 2003. . Teens Against Tobacco Use. American Lung Association. 9 Dec. 2003. .

Smart Devices and System in Our Homes

The problems that we can discus in this part is about the introduction of smart devices and system in our homes, the risk and threats linked to them, and respectively to the smart home inhabitants will grow. So, the digital world as we know it now has gradually developed standards, protocols, interface, operating systems, programming models and architectures during the last 50 decades, making both computing and networking a type of plug-and- play environment. Nowadays the smart homes and its services, from a highly heterogeneous environment, which presents a significant challenge for future users and manufacturers. So, healthcare services contain unknown so far danger for human's life. The scenario of a villain causing a heart attack by remote intervention in a pacemaker or shutting down an insulin pump on a diabetic is not in the realm of movies but occur due to real sensitive that exist in connected medical devices. Furthermore, these are rather worrying facts, bearing in mind that between 1993 and 2009, 2.9 million patients received permanent pacemakers in the united states with this this number constantly increasing. The cyber threats are any identified effort directed toward access to, exfiltration of, manipulation of, or impairment to the integrity, confidentiality, security, or availability of data, an application, or a federal system, without lawful authority.In our everyday life, a threat to our home can be an open window or unlocked door, an iron or cooker that are not turned off or water running from an open tap. In future smart homes, in addition to the threats related to the household appliance, there can emerge dangers directed to the health or life of the inhabitants. The consequences of cyber-attacks can lead to serious problems like access sensitives information, espionage, data theft, financial losses. The nature, complexity, and severity of the cyber threats are increasing in time, which makes it difficult to build a good classification framework.Potential consequences of cyber-attacks can be:Rejection of service DOS targeting the sensors, video surveillance or communication system.Data integrity violation or data modification in communication media.System breaking with unauthorized access to network resources or system integration resources.The good transact with the attack, it is:To have an operating intrusion detection system.To have an attack prevention system.To maintain reliable identification, authentication and access control.To support leakage monitoring information.To employ reliable and effective communication protocol.To operate secure integrating system and external communication system.

Marbury vs. Madison

Marbury vs. Madison (5 U.S. 137, 1803) involved an application for a writ of mandamus against the then Secretary of State Madison, directing him to deliver to Marbury his commission as a Justice of the Peace for the District of Columbia.   In determining whether or not mandamus would lie, the Supreme Court made a four part inquiry involving the following questions, to wit: 1) whether or not the applicant Madison has a right to the commission he demands; 2) in the affirmative, whether or not the laws of the United States afford him a remedy for its violation; 3) in the affirmative, whether or not mandamus is the proper remedy. The case is considered a landmark case, because it was the first time that the US Supreme Court, through then Chief Justice Marshall, enunciated the doctrine of judicial review, i.e., that the Supreme Court has the power to review federal or state legislation, or acts of government officers and other individuals, to determine whether or not they are in consonance with the provisions of the Constitution, and to strike down such laws and acts if they are found to be unconstitutional.   Specifically, Chief Justice Marshall stated that: â€Å"†If an act of the legislature, repugnant to the constitution, is void, does it notwithstanding its invalidity, bind the courts, and oblige them to give it effect?†¦ It is emphatically the province and duty of the judicial department to say what the law is†¦If two laws conflict with each other, the courts must decide on the operation of each (5 U.S. 137, 178).   So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty† (5 U.S. 137, 179). Over the years, the doctrine of federal and state judicial review has been developed and enhanced, despite there being no express provision on its grant to the judicial branch of government under the constitution.   In interpreting the constitution, there are generally six forms of construction that are usually applied, i.e., historical, textual, structural, doctrinal, ethical, and prudential (Fallon, 1987). The historical construction centers on the original legislative intent behind the provision, while the textual interpretation involves the text itself, and the structural interpretation contrasts the text with the structure given in the constitution.   Ethical and prudential considerations generally involve a determination of whether or not it would be proper, ethical, or wise to make a ruling.   The doctrinal form of construction involves another doctrine, that of stare decisis. The complete Latin term is stare decisis et non quiete movere.   Literally translated, it means â€Å"stand by decisions and do not move that which is quiet.†Ã‚   The doctrine of stare decisis or of case precedents is one of the central tenets of a common law legal system.   Past precedent generally circumscribes the leeway by which a court can address a certain issue, because the rule is that once something has heretofore been judicially determined, then that is all there is to it.   â€Å"Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. . . . This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation.   But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions.   The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error so fruitful in the physical sciences, is appropriate also in the judicial function† (Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 1932). For some justices, the doctrine of stare decisis would be no doctrine at all, if overruling justices gave reasons that did not go beyond pointing out that the previous decision was wrong (Nelson, 2001).   This presents a huge burden on the exercise of judicial review, especially since cases hinging on the constitutionality of statutes are usually considered landmark cases and are the basis for applying the stare decisis doctrine. The main arguments against the doctrine of judicial review are against its validity, in that, as mentioned, it is not specifically vested as a power of the judiciary in the constitution, and that it goes against the doctrine of stare decisis.   The proponents of the validity of judicial review would rely on the broad definition of judicial power under the constitution, and the fact that it has been long recognized and accepted in other common law jurisdictions. If judicial review were considered an absolute power, it would definitely undermine the common law doctrine of stare decisis, because judges and justices would be given free reign to determine what the law is and apply their interpretations on a case to case basis whenever they saw fit.   However, to think that either judicial review or stare decisis are absolutes would be absurd, because no government power is absolute. Instead of focusing on an apparent conflict or adverse relationship between the two, it is submitted that despite the criticisms against judicial review, it is an inherent function of judicial power, and should be harmonized with the stare decisis doctrine.   One author proposes thus: â€Å"Even in cases of first impression, judges do not purport to have unconstrained discretion to enforce whatever rules they please.   Many of their arguments appeal instead to external sources of law, like statutes or established customs. These external sources of law will often be indeterminate and incomplete; they will leave considerable room for judicial discretion.   But unless they are wholly indeterminate, they will still tend to produce some degree of consistency in judicial decisions.   If †¦the primary purpose of stare decisis is to protect the rule of law by avoiding an endless series of changes in judicial decisions, we may be able to achieve this purpose without applying a general presumption against overruling past decisions. We may, in short, be able to refine the doctrine of stare decisis to take advantage of the consistency that would tend to exist even in its absence† (Nelson, 2001).   The doctrine of stare decisis is about stability, while judicial review is about fairness and justice.   Applying both and harmonizing their purposes would allow for flexibility and wisdom, especially in cases when past decisions are not on all fours with the facts of the case at hand. Reference List: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932) (dissenting opinion by Justice Brandeis). Fallon. (1987). A Constructivist Coherence Theory of Constitutional Interpretation. 100 Harv. L. Rev. 1189. Marbury vs. Madison, 5 U.S. 147 (1803). Nelson, C. (2001). Stare Decisis an Marbury vs. Madison Marbury vs. Madison (5 U.S. 137, 1803) involved an application for a writ of mandamus against the then Secretary of State Madison, directing him to deliver to Marbury his commission as a Justice of the Peace for the District of Columbia.   In determining whether or not mandamus would lie, the Supreme Court made a four part inquiry involving the following questions, to wit: 1) whether or not the applicant Madison has a right to the commission he demands; 2) in the affirmative, whether or not the laws of the United States afford him a remedy for its violation; 3) in the affirmative, whether or not mandamus is the proper remedy. The case is considered a landmark case, because it was the first time that the US Supreme Court, through then Chief Justice Marshall, enunciated the doctrine of judicial review, i.e., that the Supreme Court has the power to review federal or state legislation, or acts of government officers and other individuals, to determine whether or not they are in consonance with the provisions of the Constitution, and to strike down such laws and acts if they are found to be unconstitutional.   Specifically, Chief Justice Marshall stated that: â€Å"†If an act of the legislature, repugnant to the constitution, is void, does it notwithstanding its invalidity, bind the courts, and oblige them to give it effect?†¦ It is emphatically the province and duty of the judicial department to say what the law is†¦If two laws conflict with each other, the courts must decide on the operation of each (5 U.S. 137, 178).   So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty† (5 U.S. 137, 179). Over the years, the doctrine of federal and state judicial review has been developed and enhanced, despite there being no express provision on its grant to the judicial branch of government under the constitution.   In interpreting the constitution, there are generally six forms of construction that are usually applied, i.e., historical, textual, structural, doctrinal, ethical, and prudential (Fallon, 1987). The historical construction centers on the original legislative intent behind the provision, while the textual interpretation involves the text itself, and the structural interpretation contrasts the text with the structure given in the constitution.   Ethical and prudential considerations generally involve a determination of whether or not it would be proper, ethical, or wise to make a ruling.   The doctrinal form of construction involves another doctrine, that of stare decisis. The complete Latin term is stare decisis et non quiete movere.   Literally translated, it means â€Å"stand by decisions and do not move that which is quiet.†Ã‚   The doctrine of stare decisis or of case precedents is one of the central tenets of a common law legal system.   Past precedent generally circumscribes the leeway by which a court can address a certain issue, because the rule is that once something has heretofore been judicially determined, then that is all there is to it.   â€Å"Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. . . . This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation.   But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions.   The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error so fruitful in the physical sciences, is appropriate also in the judicial function† (Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 1932). For some justices, the doctrine of stare decisis would be no doctrine at all, if overruling justices gave reasons that did not go beyond pointing out that the previous decision was wrong (Nelson, 2001).   This presents a huge burden on the exercise of judicial review, especially since cases hinging on the constitutionality of statutes are usually considered landmark cases and are the basis for applying the stare decisis doctrine. The main arguments against the doctrine of judicial review are against its validity, in that, as mentioned, it is not specifically vested as a power of the judiciary in the constitution, and that it goes against the doctrine of stare decisis.   The proponents of the validity of judicial review would rely on the broad definition of judicial power under the constitution, and the fact that it has been long recognized and accepted in other common law jurisdictions. If judicial review were considered an absolute power, it would definitely undermine the common law doctrine of stare decisis, because judges and justices would be given free reign to determine what the law is and apply their interpretations on a case to case basis whenever they saw fit.   However, to think that either judicial review or stare decisis are absolutes would be absurd, because no government power is absolute. Instead of focusing on an apparent conflict or adverse relationship between the two, it is submitted that despite the criticisms against judicial review, it is an inherent function of judicial power, and should be harmonized with the stare decisis doctrine.   One author proposes thus: â€Å"Even in cases of first impression, judges do not purport to have unconstrained discretion to enforce whatever rules they please.   Many of their arguments appeal instead to external sources of law, like statutes or established customs. These external sources of law will often be indeterminate and incomplete; they will leave considerable room for judicial discretion.   But unless they are wholly indeterminate, they will still tend to produce some degree of consistency in judicial decisions.   If †¦the primary purpose of stare decisis is to protect the rule of law by avoiding an endless series of changes in judicial decisions, we may be able to achieve this purpose without applying a general presumption against overruling past decisions. We may, in short, be able to refine the doctrine of stare decisis to take advantage of the consistency that would tend to exist even in its absence† (Nelson, 2001).   The doctrine of stare decisis is about stability, while judicial review is about fairness and justice.   Applying both and harmonizing their purposes would allow for flexibility and wisdom, especially in cases when past decisions are not on all fours with the facts of the case at hand. Reference List: Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932) (dissenting opinion by Justice Brandeis). Fallon. (1987). A Constructivist Coherence Theory of Constitutional Interpretation. 100 Harv. L. Rev. 1189. Marbury vs. Madison, 5 U.S. 147 (1803). Nelson, C. (2001). Stare Decisis an

Free Essays on Mary Cassatt

An American painter born on May 22, 1844, in Allegheny City, Pennsylvania, Mary Stevenson Cassatt dedicated most of her social life to becoming one of America's most interesting artists. Growing up in Philadelphia, she was the fifth child of Katherine Kelso Johnston and Robert Simpson Cassatt, whom was a real estate and investment broker. Her upbringing was fairly distinctive for the era and her upbringing, at school, she prepared for life as a wife and mother, which included lessons in how to run a home as well as in being a genteel rebel of pastimes as embroidery, music, sketching, and painting. Mary Cassatt’s parents moved to Europe for several years during the 1850s. In 1860, Mary who was now sixteen, enrolled in the Pennsylvania Academy of the Fine Arts in Philadelphia. In spite of the fact that women, especially those of the upper class, were discouraged from pursuing careers, she wanted to be a professional artist. By 1862, however, she had grown frustrated with the program's slow pace and insufficient course offerings. She also resented the condescending attitude of the male teachers and most of her fellow students. She concluded that the best way for her to learn about art would be to go to Europe and study the works of the old masters on her own. Overcoming the strong objections of her family (her father once declared he would rather see his daughter dead than living abroad as a "bohemian". Mary Cassatt left for Paris in 1866 to take private art lessons and copy masterpieces in the Louvre. Over the next few years, she traveled throughout France and stayed briefly in Rome. Her first break came in 1868, when one of her portraits was accepted at the prestigious Paris Salon, which was an exhibition run by the French government's Academy of Fine Arts. She changed her name to ‘’Mary Stevenson’’, to protect her family from the embarrassment. Her debut effort was successfully received, as was another portrait she submitt... Free Essays on Mary Cassatt Free Essays on Mary Cassatt An American painter born on May 22, 1844, in Allegheny City, Pennsylvania, Mary Stevenson Cassatt dedicated most of her social life to becoming one of America's most interesting artists. Growing up in Philadelphia, she was the fifth child of Katherine Kelso Johnston and Robert Simpson Cassatt, whom was a real estate and investment broker. Her upbringing was fairly distinctive for the era and her upbringing, at school, she prepared for life as a wife and mother, which included lessons in how to run a home as well as in being a genteel rebel of pastimes as embroidery, music, sketching, and painting. Mary Cassatt’s parents moved to Europe for several years during the 1850s. In 1860, Mary who was now sixteen, enrolled in the Pennsylvania Academy of the Fine Arts in Philadelphia. In spite of the fact that women, especially those of the upper class, were discouraged from pursuing careers, she wanted to be a professional artist. By 1862, however, she had grown frustrated with the program's slow pace and insufficient course offerings. She also resented the condescending attitude of the male teachers and most of her fellow students. She concluded that the best way for her to learn about art would be to go to Europe and study the works of the old masters on her own. Overcoming the strong objections of her family (her father once declared he would rather see his daughter dead than living abroad as a "bohemian". Mary Cassatt left for Paris in 1866 to take private art lessons and copy masterpieces in the Louvre. Over the next few years, she traveled throughout France and stayed briefly in Rome. Her first break came in 1868, when one of her portraits was accepted at the prestigious Paris Salon, which was an exhibition run by the French government's Academy of Fine Arts. She changed her name to ‘’Mary Stevenson’’, to protect her family from the embarrassment. Her debut effort was successfully received, as was another portrait she submitt...

R&B essays

R&B essays Have you ever turned on the radio and thought to yourself where did this all start? In fact the root of Rs. Over the decades, thanks to different artists and their styles, R Despite all of the publications on Rthe land where the blues were born. (Allmusic.com). In the 1940s blues became very popular in Chicago. People at that time wanted to hear faster and louder music. Audience enjoyed dancing to this kind of music. In the 1950s people wanted a different change in the music. Elvis Presley and Chuck Berry made a really big change. Elvis Presley and Chuck Berry invented what we call today Rock and Roll. In the 1960s blue became known as the soul music. Soul music inspired other styles of music like Pop and Funk music. Pop music in fact is still going on today. ...

Ivy League MOOCs - Free Online Classes from the Ivies

Ivy League MOOCs - Free Online Classes from the Ivies Most of the eight ivy league universities are now offering some form of publicly available free online classes. MOOCs (massively open online classes) offer learners everywhere the opportunity to learn from ivy league instructors and interact with other students while completing their coursework. Some MOOCs even provide students the opportunity to earn a certificate that can be listed on a resume or used to demonstrate ongoing learning. See how you can take advantage of no-cost, instructor-led courses from Brown, Columbia, Cornell, Dartmouth, Harvard, Princeton, UPenn, or Yale. Keep in mind that free MOOCs are different from registering as a student at a university. If you would prefer to earn an official degree or graduate certificate from an ivy league online, check out the article on How to Earn an Online Degree from an Ivy League University. Brown Brown offers several no-cost MOOCs to the public through Coursera. Options include courses like â€Å"Coding the Matrix: Linear Algebra Through Computer Science Applications,† â€Å"Archeology’s Dirty Secrets† and â€Å"The Fiction of Relationship.† Columbia Also through Coursea, Columbia offers a number of instructor-led MOOCs. These online courses include â€Å"Economics of Money and Banking,† â€Å"How Viruses Cause Disease,† â€Å"Big Data in Education,† â€Å"Introduction to Sustainable Development,† and more. Cornell Cornell instructors offer MOOCs on a wide variety of subjects through CornellX - a part of edX. Courses include topics such as â€Å"The Ethics of Eating,† â€Å"Civic Ecology: Reclaiming Broken Places,† â€Å"American Capitalism: A History,† and â€Å"Relativity and Astrophysics.† Students can audit the courses for free or earn a verified certificate by paying a small fee. Dartmouth Dartmouth is still working on building its presence on edX. It currently offers a single course: â€Å"Introduction to Environmental Science.† The school also offers the Trustees of Dartmouth College seminar series, featuring livestream seminars for health care professionals every other Wednesday. Past seminars have included: â€Å"Behavioral Economics and Health,† â€Å"Letting Patients Help Heal Health Care: Extents and Limits of Patient Contributions,† and â€Å"Characteristics and Consequences of Hospital Closures.† Harvard Amongst the ivies, Harvard has led the way toward greater open learning. HarvardX, a part of edX, offers over fifty instructor-led MOOCs on a wide variety of subjects. Notable courses include: â€Å"Saving Schools: History, Politics, and Policy in U.S. Education,† â€Å"Poetry in America: Whitman,† â€Å"Copyright,† â€Å"The Einstein Revolution,† and â€Å"Introduction to Bioconductor.† Students may choose to audit courses or complete all coursework for a verified edX certificate. Harvard also provides a searchable database of their online courses, both current and archived. Finally, through their Open Learning Initiative, Harvard offers dozens of video lectures in Quicktime, Flash, and mp3 formats. These recorded lectures were created from actual Harvard courses. Although the recordings are not complete courses with assignments, many lecture series provide a semester’s worth of instruction. Video series include â€Å"Intensive Introduction to Computer Science,† â€Å"Abstract Algebra,† â€Å"Shakespeare After All: The Later Plays,† and more. Students can view or listen to the courses through the Open Learning Initiative site or subscribe through iTunes. Princeton Princeton provides a number of MOOCs through the Coursera platform. Options include â€Å"Analysis of Algorithms,† â€Å"Fog Networks and the Internet of Things,† â€Å"Imagining Other Earths,† and â€Å"Introduction to Sociology.† UPenn The University of Pennsylvania offers a few MOOCs via Coursera. Notable options include: â€Å"Design: Creation of Artifacts in Society,† â€Å"Principles of Microeconomics,† â€Å"Designing Cities,† and â€Å"Gamification.† UPenn also offers their own database of current and upcoming online courses, searchable by date. Yale Open Yale offers learners the opportunity to review video / audio lectures and assignments from previous Yale courses. As courses are not led by an instructor, students may access the material at any time. Currently available courses include subjects such as â€Å"Foundations of a Modern Social Theory,† â€Å"Roman Architecture,† â€Å"Hemingway, Fitzgerald, Faulkner,† and â€Å"Frontiers and Controversies in Astrophysics.† No discussion boards or opportunities for student interaction are provided. Jamie Littlefield is a writer and instructional designer. She can be reached on Twitter or through her educational coaching website: jamielittlefield.com.

The Managed Service Business Essay Example | Topics and Well Written Essays - 500 words

The Managed Service Business - Essay Example On the other hand, it would be very cost effective, efficient and convenient if food services will be outsourced because all it takes is doing business with a catering company where the business requirements for food services are specified for the catering/outsourced company to provide. All they have to do is pay the outsource company and they will be freed from the inconvenience and complexity of sourcing raw materials, cooking them, presenting them, maintaining personnel and equipment among others. Basically, outsourcing the food service to a third party will allow the business to focus its energy, resources and expertise on its core business for it to become more competitive in the business it is engaged in. The most obvious advantage of outsourcing food services to a management contractor is convenience and cost efficiency. The function of a management contractor is already very demanding which takes a lot of time, energy and resources and the company would be better off if they will focus on their core business. If they will add the food service to their function, this will take away time, energy and resources from them which could have been used in other things such as focusing on their business. In addition, it would be more efficient if a caterer or a business company would handle the food service since this is their core business and therefore has the competency to do it better. A food caterer will require less time, effort and resources to provide the food service than if the management contractor will do it themselves. Food service operations are laborious, time bound and risky. It is another business competency that is better left to be done by another business that has the expertise to do it. It involves acquisition of raw materials, preparation to serving the foods to maintenance of equipment to managing people. It is aggravated by the fact that foods cannot last long in inventory and therefore,

Impact of Obesity on Students Grades Research Paper

Impact of Obesity on Students Grades - Research Paper Example The large potential of obesity is upsetting. The parents and teachers both must observe obese and overweight students closely. The regular method of avoiding obesity, for instance, promoting healthy food and physical activities must be continued. Extra body mass creates one of the most grave public fitness challenges of this century around the globe. At the present time obesity is not just a crisis of developed nations, but as well of developing nations. Verification is currently rising to propose that the occurrence of overweight and obesity is growing internationally on an alarming rate. Both developed as well as developing nations are affected. In addition, as the crisis seems to be growing quickly in kids and in adults, the accurate fitness results may just turn out to be completely evident in the upcoming times. Obesity has reached contagion percentages internationally and is a key contributor in the international trouble of persistent illness as well as disability. Frequently contemporaneous with developing nations with under nourishment, obesity is a difficult situation, with grave public as well as psychosomatic aspects, having an effect on almost all ages and socioeconomic factions. Increased utilization of additionally energy dense, nutrient poor foodstuffs with high amounts of sugar as well as saturated fats, together with lessened physical movement, have caused fatness rates that have increased three-fold or additional from 1990 in a number of regions of China, North America, Pacific Islands, Eastern Europe, Middle East, Australia and Asia. The obesity outbreak is not limited to developed societies; this raise is generally quicker within developing nations in comparison with the industrial world. ... e increased three-fold or additional from 1990 in a number of regions of China, North America, Pacific Islands, Eastern Europe, Middle East, Australia and Asia. The obesity outbreak is not limited to developed societies; this raise is generally quicker within developing nations in comparison with the industrial world. Obesity as well as overweight causes a main threat for severe diet connected persistent ailments, together with â€Å"type 2 diabetes, cardiovascular disease, hypertension and stroke, and certain forms of cancer† (American Alliance for Health, Physical Education, Recreation and Dance, 2005). The health outcomes range from bigger threat of early demise, to severe chronic situations that lessen the general quality of living. Of special worry is the rising occurrence of young person obesity. Previously taken as a crisis merely within high earning nations, overweight along with obesity are nowadays radically increasing within low- as well as middle income nations, ma inly within urban backgrounds. Despite the fact that the physical condition and health of every age group is significant, the developmental nature of teenage years causes particular contemplations and requirements for this group of people. Quick development and progress during teenage years creates fresh wants, for instance those linked with alterations within â€Å"body proportions, size, weight and image; emotional changes; new sleep patterns and needs; and social / peer pressures† (Wright et al, 2004). ‘Teenage years’ is a phase during which a lot of permanent patterns of conduct are made, together with physical condition help / ailment prevention behaviours as well as care seeking attitudes. The level, to which physical conditions as well as other services are obtainable, reachable and

Essentials of Organisational Behavior Essay Example | Topics and Well Written Essays - 1250 words

Essentials of Organisational Behavior - Essay Example For a company to survive in the current economic climate it is therefore imperative that it creates good organizational behavior policies that will enable it to increase employee productivity, company survival and increase profitability. The two principal outcomes of organizational behavior are job performance and employee organizational commitment. Since most employees want to perform their jobs well and remain in the organizational for a long time; improving their working conditions and creating a feeling of commitment to the company can greatly improve business performance (Nair, 2010). Aspects of organisational mechanisms including organisational culture and structure, group mechanisms constituting teams and leaders interact with individual characteristics such as personality and ability together with individual mechanisms such as job satisfaction ,motivation ,learning and decision making and also stress at workplace to influence an employee’s job performance and organisational commitment (Mullins, 2006). One way of improving business performance is by hiring creative talented and outgoing individuals. This can only be achieved through an intensive interviewing and screening process that allows the management to assess the personality traits and cultural aspects of the potential employees that are values that might affect the way they will act once hired, the type of tasks they will be interested in and how they will potentially react to events that happen at the place of work (Glynn, 1995). This intensive screening and interviewing process is also very important in assessing the cognitive abilities of the potential employees. This includes both verbal and qualitative abilities. Emotional skills including emotional regulation and awareness of others are also assessed. There is also need to assess the physical abilities such as strength and endurance. This way the management ensures they hire the best possible employees and this greatly improves business performance (Schermerhorn, 1996).

Motivation at Workplace Assignment Example | Topics and Well Written Essays - 1500 words

Motivation at Workplace - Assignment Example This paper illustrates that motivational scholars consider that for every last thing we do (actions and behavior) there is an essential cause or reason; as such it impacts our conduct', our decision of conduct and its perpetual quality, and the measure of exertion put into it. They additionally accept that energy about the reasons will empower forecast and hence take into account impact on those practices or activity. Contemporary exploration and hypotheses have developed and progressed subsequent to those of Skinner who considered execution taking into account inspirations from a behavioral perspective, while Maslow extended his needs pecking order to oblige inspiration regarding individuals trying to fulfill needs inside an orderly request that advances from physiological needs, to security, to social, to regard lastly acknowledgment toward oneself. His needs order represented the essentialness of fulfilling the needs of representatives if inspiration somehow happened to be affecte d and cultivated. Motivational research at the moment concentrates essentially on the determination of what great inspiration- what boost is obliged to expand inspiration - and takes both natural and outward inspiration into thought.

International advertising campaign Research Paper - 1

International advertising campaign - Research Paper Example the company has created in the minds of its target clients the idea that the Cisco-offered internet utilities and services are capable of transforming the way individuals work, learn, play and live, and the Cisco Networking Academy (CNA) Program is spearheading this great transforming. Since 1984 when it was founded, the company has overwhelmingly dominated the network equipment world making a number of network administrators to attest to the idea that they never see any burden channeling intensive funds to acquire Cisco products and services. Indeed, the overall cost of Cisco-produced routers and switches surpasses the prices issued by a number of the competitor firms, but this has steel left businesses perceive the Cisco tools as the way to go for safe and efficient network practices. The company has also been credited for producing reliable products that target a wider range of global customers (Wylie 33). As a way to evade the high rates associated with Cisco networking products, some consumers have often tried exploring products from competitor firms, but they have always ended up settling for Cisco tools. The organization also employs a strategic approach to marketing adventures as a way to increase revenue. This has been realized through an active research unit that pursues custom research on the prevailing market trends then uses the findings to advise the company on best approaches to design adverts. Some areas of focus during research adventures include brand positioning, buying behaviors, price elasticity and advertising among others. The organization also uses business intelligence tools like database analysis and reporting tools. These tools provide benefits like offering insights plus directions ahead of market planning and execution and delivering incremental values obtained from data-generated models that are applied to different marketing programs. The company advertises its products through Cisco mConcierge program. At the most basic level, the

Photo51 Essay Example | Topics and Well Written Essays - 250 words

Photo51 - Essay Example The Watson and Click models showed the backbone of a molecule to be located at the center and the bases diffusing outward. Watson and Crick recognized that if the bases were organized to point inward, then the DNA width can move toward 2.0-nm like illustrated in Photo51 (Fitzgerald-Hayes & Reichsman 22). Rosalind Franklin discovered a specific well-determined X-ray diffraction pattern of a DNA fiber in Photo51. The DNA fiber was utilized to explain the 3.4á ¾ ¹ distance between the 34á ¾ ¹ periodicity of the helix and base pairs. In addition, the photo51 revealed the actual dimensions of DNA diameter and molecule (Anholt & Mackay 51). The photograph assisted Watson and Crick to conclude that the DNA molecules constitutes of two strands. The two strands are double helix that runs in opposite directions. The information was employed to construct a three-dimensional structure of DNA that demonstrated to be accurate (Anholt & Mackay 51). In conclusion, the Photo51 opened a new window in scientific history by discovering the formation of DNA. The dimensions revealed in the photograph assisted in the accurate development of a DNA structure. The information disclosed the composition of the genetic

International advertising campaign Research Paper - 1

International advertising campaign - Research Paper Example the company has created in the minds of its target clients the idea that the Cisco-offered internet utilities and services are capable of transforming the way individuals work, learn, play and live, and the Cisco Networking Academy (CNA) Program is spearheading this great transforming. Since 1984 when it was founded, the company has overwhelmingly dominated the network equipment world making a number of network administrators to attest to the idea that they never see any burden channeling intensive funds to acquire Cisco products and services. Indeed, the overall cost of Cisco-produced routers and switches surpasses the prices issued by a number of the competitor firms, but this has steel left businesses perceive the Cisco tools as the way to go for safe and efficient network practices. The company has also been credited for producing reliable products that target a wider range of global customers (Wylie 33). As a way to evade the high rates associated with Cisco networking products, some consumers have often tried exploring products from competitor firms, but they have always ended up settling for Cisco tools. The organization also employs a strategic approach to marketing adventures as a way to increase revenue. This has been realized through an active research unit that pursues custom research on the prevailing market trends then uses the findings to advise the company on best approaches to design adverts. Some areas of focus during research adventures include brand positioning, buying behaviors, price elasticity and advertising among others. The organization also uses business intelligence tools like database analysis and reporting tools. These tools provide benefits like offering insights plus directions ahead of market planning and execution and delivering incremental values obtained from data-generated models that are applied to different marketing programs. The company advertises its products through Cisco mConcierge program. At the most basic level, the

The Future is Personalized Medicine Essay Example | Topics and Well Written Essays - 1000 words - 1

The Future is Personalized Medicine - Essay Example Pharmacogenomics and pharmacogenetics, which are expected to be at the core of PM, combine to offer several advantages over conventional clinical methods. For example, while pharmacogenomics is limited to identifyng 'inheritable response' to medication across the whole genome, pharmacogenetics studies the effects of medication at the level of individual genes (the chart below outlines how it operates). The former also tries to reveal important links between genomic patterns and clinical responses. Such links are crucial sources of medical knowledge, as they empower clinicians to choose a particular treatment option based on individual patient condition as opposed to adopting a formulaic trial-and-error approach. (Hood, 2003, p.582) The Human Genome Project (HGP), initiated and supported by former American President Bill Clinton was pivotal to subsequent breakthroughs in Personalized Medicine. With the help of advanced computing power, already more than 3 billion base pairs of DNA hav e been successfully mapped. With the completion of the HGP in 2003, new possibilities for PM have been opened up. Working expeditiously to make Personalized Medicine a reality in the near future are such organizations as the International HapMap Project, the NIH Encyclopedia of DNA Elements (ENCODE), the Roadmap Epigenomics Program, etc. (Cox, et. al., 2007, p.112) In order to understand the scope and effectiveness of Personalized Medicine, let us take a hypothetical case. For instance, in the case of oncology treatment, where presently oral-intake medicines can cost hundreds (if not thousands) of dollars per year for the afflicted patient, understanding the intricate 'genetic pathways' (which is unique to each individual) is important in order to determine the probable efficacy of a particular therapy course. It is a sign of progress that in the United States today â€Å"there are 6 drugs for which FDA requires diagnostic genetic testing before prescription, about 30 for which a d iagnostic test is recommended, and another 200 with pharmacogenomic information on the labels.† (Hesselgrave, 2010, p.16) Moreover, traditional healthcare provision adopts an one-size-fits-all approach. Whereas, under Personalized Medicine, this practice will be dismantled and unique prognostic courses would be designed based on the patient's genetic make up. Powerful technologies that try to understand the working of the human body down to the cellular level will be part of future PM treatments. These technologies include genomics, proteomics (the study of proteins), and metabolomics (the study of metabolites) amongst others. Metabolomics is of special interest to physicians as it has the potential to provide key information about individual patients. While the purpose of proteomics research is to identify abnormal protein patterns in patients, the purpose of metabolomic research is to identify abnormal metabolite patterns. Scientists are of the view that human bodies contain more than 3,000 metabolites that play a crucial role in proper growth and development of various organs. Apart from these primary metabolites there are secondary metabolites which strenghthen the immune system and helps reduce mental and physical stress. Of particular interest to the medical community are low-molecular-weight metabolites

Conflict Resolution In Civil Engineering Construction Industry

Conflict Resolution In Civil Engineering Construction Industry Introduction Conflict exists in society generally, includes in family, work and so on. It is important and necessary to resolve all kinds of conflicts efficiently and successfully. Inevitably, conflict is also a reality in the civil engineering construction industry. It influences the operation of projects, increases the cost of projects, wastes various resources, delays the duration of engineering, decreases staff motivation. Conflict has become a serious problem in the civil engineering construction industry (Davies, 1998). Conflict resolution becomes more and more useful and crucial. There are four objectives in the report: define the concepts of conflict and construction industry, expound the significance of conflict resolution, investigate the reasons of causing conflicts and recommend some methods to resolve conflicts. Methodology In the report, there are four main objectives. There are three main steps to accomplish the objectives. The inductive approach is used in the report. Firstly, finding out the key words of the report topic, it is necessary to read some books, journals, periodicals and articles from library and websites. People could understand the concept of conflict, the significance of conflict resolution, reason of causing conflicts and how to resolve conflicts. Secondly, according to the knowledge, author could define concepts, understand different opinions from different writers and analyze the different opinions. Thirdly, after studying and pondering, author expounds her own ideas of the four objectives. Literature review The definition of conflict is that the process of cooperation is incompatible and unfavorable (Rahim, 1992). It is universal and exists with incompatible cooperation (Davies, 1998). Conflict exists in all more than one personal work environment. It is people used to considering their own interest rather than others (Humphrey, 2008). Hellard (1992) thought that conflict is not only caused by a train of events. Peoples emotions could involve in the events and influence the causing of conflicts inevitably. The civil engineering construction industry needs many professional people to involve in, such as Architects, Structure Designers, Constructors, Building and Quantity Surveyors and so on. There are some kinds of conflicts in building industry, Zikmann (1992, p55) said that these include â€Å"interest conflicts, structural conflicts, value conflicts, relationship conflicts and data conflicts†. Conflicts occur commonly between main contractors and the sub-contractors (Harding, 1991; as quoted in Langford, 1992). Not only have that, but conflict also occurred between contractors and clients, or contractors and clients architects. Some elements, such as project types and sizes, procurement systems and government policy, could influence the conflict aspects (Lavers, 1992). Effectively managed conflicts are necessary. It requires that the construction managers have enough abilities to resolve conflicts. The reason of causing conflicts is various. The majority of conflicts are developed because these are not responded correctly and timely. On the contrary, poor managed conflicts could deteriorate the issues (Zikmann, 1992). There are some reasons of causing conflicts in construction industry. Some are because the construction plan is not clear. It confuses both client and contractor. Some are because over-scope of task between contractor and his subcontractors. The contractor requires subcontractors to do extra work. Some are because time is not enough to complete the project. Others are because the client asks for extra work but refuse to pay more money and extend the time of completion (Klinger, 2009). Contingency is another reason of causing conflicts. In construction industry, the roles of every part could change. It means that in the new environment, there are some barriers to influence relationship balance (Langford, 1992). It is a key ability for managers to manage the complicated relationship networks of project which is limited time and budget (Zikmann, 1992). Dispute avoidance is useful in construction management. Conflicts are often caused by wrong consideration, inadequate preparatory and plan or poor project procedures and budget. The popular ways to avoid conflicts are early negotiation, risk audits and training (Brewer, 2007). The best way to resolve conflicts is prevention. It requires project managers to acquaint the objectives of client, make reasonable project plan and have the ability of prediction. People can pinpoint the reason of causing conflicts before happening, but it is difficult to predict when the conflict will occur. Therefore, the certainty of predicting conflicts at the beginning and end is less than in a construction project (Cree, 1992). Not only prediction, but also communication could help to resolve conflicts. Poor communication could cause misunderstanding (Mackie, 1992). Follett(1940, as quoted in Rahim, 1992) said that there are some mains to resolve conflicts, such as domination, compromise, consolidation, avoidance and suppression. Fenn (1992) said that the new method to resolve conflicts is alternatives of litigation and arbitration. KuTenk (2000) classified the strategy of conflict resolution into three parts, avoidance, diffusion and antagonism. It is the method to resolve general conflicts and problems. It lacks of pertinence for construction industry. For construction industry, managers need the ability to negotiate to resolve conflicts (Jambro and Siddiqi, 2008). Negotiation is the most common method to resolve conflicts. It is more flexible, economic and efficient than other methods (Dieterle and Ramirez, 2001). Mediation could assist negotiation. Parties select a mediator to help them resolve the conflicts. Mediators could assist all parties to resolve but they have no right to compel any party to agree (Goodman, 2006). Arbitration was the favored method to resolve conflicts in 1980s and 1990s. It is efficient and economical. Litigation is resolution of conflicts in the court. It is a long and expensive process (Klinger, 2009). Dispute review board (DRB) is build before starting of construction. Mostly, it is composed by three construction professionals who have abundant experience. It is highly effective and could reduce the cost of dispute resolution. Over 70% people thought DRB is better than arbitration about resolution result (Harmon, 2003-2004). The conflict resolution in England and Wales has some methods. It is divided into two parts: non-binding and binding. In non-binding, there are conciliation, executive tribunal and mediation. In binding, there are adjudication, arbitration, expert determination, litigation and so on (Davies, 1998). Discussion Conflict is a kind of phenomenon which exists in everywhere commonly in the society. Every person has their own ideas, standpoint and interest, it is impossible to unify all ideas of all people. Therefore, the existing of conflicts is automatic consequence. Especially in civil engineering construction industry, there are so many people, roles and tasks, complicated relationship and interested parties. The conflict usually occurs between client or designer and contractor, contractor and subcontractors, contractor and workers or worker and worker. Any relationship is very important and could become the key point to influence the whole project. Good conflict resolution could bring high efficiency and more profit. Bad conflict resolution hinders the smooth process of construction project. The reasons of causing conflict are very various and complicated. These could be summarized into four types: time, money, task allocation and contingency. Time means that the project could not be completed on time. In consequence of the changes of design, unreasonable plan in construction stage, works programme are delayed. The kind of conflict often occurs between client or designer and contactor. The conflict is caused by money includes contractor does not gain money from client, contractor refuses to pay wages to workers, poor financial budget, material price fluctuation. Task allocation reason means that the project plan is poor, the assignment allocation is ambiguous, task allocation is unfair, harsh work environment and so on. Contingency is an uncertain element but exists generally and inevitable. It could be occurred in every aspect. Contingency usually can not be dealt with in time because of indeterminacy. Conflict likes a barrier for construction industry. Conflict resolution becomes more and more important. Domination and suppression are unacceptable methods. These methods could cause more serious conflicts. Four steps method could be used to resolve problems about conflicts when people manage a construction project. First step is to prevent. Prevention could resolve conflict before occurring. Good conflict prevention needs excellent managers who have enough abilities to make project time and cost plan sensibly, manage all kinds of relationships well and arrange tasks reasonably. Everyone take his due responsibility and obligation. It is the best way of resolving conflict to minimize the probability of causing conflicts. Second step is to establish a group which includes some experts who have extensive experience. These experts could make use of their experience to resolve a lot of contingencies as soon as possible and avoid the conflicts are deteriorated by their experience. Not only that, they also can give some good advice to resolve conflicts in other steps. Third step is to negotiate. Negotiation is an effective and economical method to resolve conflict. Conflict is the problem of two or more parties rather than only one party. So it is important to have good communication and good relationship between every party. Negotiation is a good way to communicate with every party. People could get the main reason of causing conflict and discuss the best way which every party can accept to resolve conflicts. Conflict could be resolved as soon as possible and avoid be deteriorated. Mediation is another way to negotiate between parties. It needs a mediator who selected by every party to help them to resolve conflicts. Negotiation could resolve conflict without breaking relationships. It is a double win method to resolve conflict between parties. Fourth step is arbitration or litigation. These are the resolution process in court. The differences are litigation needs discovery or jury and allows appealing. The process of arbitration or litigation is very long and takes a lot of money. It means that people spend long time and increase the cost of project but conflict is not always be resolved well. Do not use the step if conflict could be resolve by the first three steps. Conclusion Conflict is occurred between different people or interest parties. In civil engineering construction industry, client, contractor, subcontractor and worker are four main component parts. Conflict likes a barrier to baffle the entire project. It is important to deal with and resolve conflict. There are four main reasons of causing conflict, time, money, task allocation and contingency. Good managers and reasonable approaches are necessary for conflict resolution. Prevention, expert group, negotiation and arbitration are four steps to resolve conflicts. These could assist to resolve conflict as soon as possible and minimize loss in civil engineering construction industry. Reference BREWER, G, 2007. Dispute avoidance. Contract Journal, 437(6611), 22. CREE, C A, 1992. Managing disputes. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 47-53. DAVIES, E et al (Eds), 1998. Dispute resolution and conflict management in construction. London: EFN SPON. DIETERLE, R A and RAMIREZ. A M, 2001. Using the project neutral process to resolve contentious disputes. AACE International Transactions, ABI/INFORM Global, CD51- CD56. FENN, P and GAMESON, R (Eds), 1992. Construction conflict management and resolution. London: EFN SPON. GOODMAN, A H, 2006. Resolving differences. Kitchen Bath Business, 53(7), 46-47. HARMON, K M J, 2003-2004. Construction conflicts and dispute review boards: Attitudes and opinions of construction industry members. Dispute Resolution Journal, 58(4), 66-75. HELLARD, R B, 1992. Construction conflict- management and resolution. In FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 35-46. HUMPHREY, B, 2008. 10 steps toward resolving conflict on the jobsite. Concrete Contractor, 8(5), 78-79. JAMBRO, J D and SIDDIQI, K M, 2008, Conflict resolution and negotiation skills in undergraduate construction management curriculum, online, retrieved 19 October 2009, from http://ascpro0.ascweb.org/archives/cd/2008/paper/CEUE210002008.pdf. KLINGER, M, 2009. Confronting construction conflicts. EC M, 108(3), 14. KUTENK, 2000, Conflict management and resolution- developing successful conflicts- resolution strategies at home or at work. Bussiness management resources, online, retrieved 19 October 2009, from http://kutenk2000.blogspot.com/2008/12/conflict- management-and-resolution.html. LANGFORD, D A. et al, 1992. Contingency management of conflict: analysis of contract interfaces. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 64-71. LAVERS, A, 1992. Construction conflict: management and resolution analysis and solutions. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 3-20. MACKIE, K J, 1992. Alternative dispute resolution and construction disputes. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 302-305. RAHIM, M A, 1992. Managing conflict in organizations. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 369-377. ZIKMANN, R V, 1992. Successful conflict management. In: FENN, P and GAMESON, R (Eds). Construction conflict management and resolution. London: EFN SPON, 54-58.

Drug Use in Sports Essay example -- Athelets Drug Use Sports

Drugs in sports can cost a player his or her scholarship(s) and more seriously, their lives. Everyday athletes that you may not think are doing anabolic steroids or the human growth hormone are the athletes who are the big users. 1. There are three major performance enhancing drugs that are used by the super star athletes: anabolic steroids, amphetamine, and the human growth hormone pills. 2. These performance enhancing are found in just about all fifty states and the problem is rapidly growing. 3. In almost every type of sport there is one form or another of performance enhancing drugs. Some of the most common sports you will find them in are the power/strength sports and the endurance sports. 4. Athletes may come up with the strangest ways of using the drugs that can sometimes be a major threat to their lives. 5. Drug testing is a way for the sports officials to weed out the users and severally punish them by throwing them off the team and sometimes expelling them from school. Perf ormance enhancing drugs have a major impact on sports and athletes. The sports of today are experiencing more problems with performance enhancing drugs mainly because of the popularity of the three most common drugs: anabolic steroids, amphetamine, and the human growth hormone. Many of the so called jocks that play the rough and tough sports like football are the ones who are using anabolic steroids. There are different effects for men and women but all of the problems are very serious. Males are subject to hair loss, acne and liver cancer which can be a life threatening disease. Females are exposed to growth of body and facial hair and they are also liable to contract deepening of the voice. Gaining that little bit of competitiveness can lead to greater increases in performance. Steroids increase muscle mass and strength which helps athletes recover quicker from injuries. The most common sports where you would find the anabolic steroids are in body building, football, track & field power events and weightlifting. Another (1) performance enhancing drug is amphetamine. Amphetamine also has very serious side effects in the male and female body. Both males and females can experience feelings of anxiety and restlessness along with a rapid heartbeat and heavy breathing. Amphetamines, as with any other performance drug, can become addictive. Athletes use the drug amphetamine to boo... ...g for steroids on a random basis. Any player testing positive on the first offense is faced with suspension for a year and on the second (6) offense the player is handed a lifetime suspension from NCAA competition. At one time Stanford University was able to compete in sports with disregard to collegiate rules about the mandatory drug testing. Conrad Rushing a California judge said, "drug testing is invasion of the athletes privacy" (Worsnop, 528). I think that statement is very wrong because drug testing should be a mandatory event in every college whether or not it is an invasion of their privacy. It is a policy and every school should abide by the rules no matter what. Drugs in schools ruins the reputation of the school and if it continues, schools will have less kids applying and they will have no other options but to get rid of the problems of drugs. Sooner or later the drug problem will just keep growing and growing and all sports are going to lose attention. Most important , sports are going to lose the support of their fans which effect the finances of the players and organizations. Without enough financial support sports cannot survive and sports would be ruined forever.

Diversification within American Organizations Essay -- essays research

Diversification within American Organizations The United States has the most diverse and multicultural population ever known to man. The symbolic metaphor â€Å"the melting pot,† strongly states that the major problem organizations face in American society is a diverse personnel with different economical status, beliefs, and cultural background; because of this, operating an organization in American society is a very complex task. For many years, researchers struggled with the concept of finding the perfect organizational structure to meet the need of the employee and the demands of society. However, research has consistently shown because of historical American idealism that individuals choose to interact more often with members of their own cultural groups or identity rather it’s gender, physical, race, or religious base. This type of interaction makes managing a diverse work force a major challenge for managers in the 21st century. This paper will examine diversification from four important issues facing today and future American corporations: Gender, Disability, Ethnicity, and Religion. The four issues are protected by Federal and State laws and enforce by Federal and State courts. Since Americans are comprised of individuals from various countries, and different ethnicities many organizations have begun to embrace diversification in the workplace. Diversification within American Organizations (GENDER) The study of organizations shows the significant differences and similarities of groups. American organizations have recognized that the composition a workforce or any organization, is beginning to reflect the composition of American society. Diversity of gender is one that is characterized by rolls of a person or persons. Research has shown that men and women are equal in terms of learning ability, memory, reasoning ability, creativity, and intelligence (Gibson, 96). Some people regard issues of treatment of various employee groups, such as those based on gender, race, and sexual orientation as primarily an issue of moral fairness. Women should be given the same career opportunities as men; homosexual couples should be given the same health insurance benefits as heterosexual couples. American society and culture has changed considerably on these issues over the last 150 years (when women were not allowed to vote and slavery was still practiced), and o... ...rganization. Diversity will challenge organizational leaders to make the necessary changes to develop a multicultural organization in today’s diverse society that fits society demands and the organizational needs. References Bolman, L.G., & Deal T.E. (1997). Reframing Organizations: Artistry, Choice and   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Leadership. Second Edition. San Francisco: Jossey-Bass Inc. Braun, Carol M. (1998). Inequality: Opposing Viewpoints in Social Problems. San Diego: Greenhaven Press. Capps, Walter. (1990). The new religious right: piety, patriotism, and politics. South Carolina: University of South Carolina Press, 119-120. Clutterbuck, David (1981). How to be a good corporate citizen: A manager’s guide to making social responsibility work & pay. McGraw Hill Company. Oxford Press, 26-86. Cox, T. (1991). The Multicultural Organization. Academy of Management Executive, 5,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  34-37. Gender in the Workplace. (n.d.) Retrieved June 3, 2002 from http://www.hum.ah.edu/gender/gender.html. Gibson, J.L.,Ivancevich, J.M., Donnelly, J.H. (2000) Organizaions: Behavior Structure

Job Analysis Essay

The reason for job analysis is to study and evaluate the things that a job is supposed to involve. This is describing exactly what skills are needed to perform the job, and what the exact qualifications are to fill the position. Job analysis is a method needed when the employee need to know the precise function. An example would be that an employee’s duties should be clearly stated. So, a jobs analyst is to observe the employee at his or her current duties. This is also helpful in deciding what the requirements are to perform this job more effectively. As well jobs continue to change so a job analyst n should watch for any changes so that things are kept put o date. The job analyst should therefore be familiar with the job a well as the position. â€Å"The job analysis will lead directly to development of numerous other significant workers (tools): job requirements, job assessment as well as job performance criteria† (Spector, 2008). Today families are shattered, language barriers are high, violence is a standard, and then education which does not get to high a priority. Counselors typically deal with these types of students that have tangible needs, emotional troubles, and behavioral issues. Counselors have an ear for listening; shoulders to cry on and a firm facilitator for regulations are what a school counselor should use. Before becoming a school counselor a person needs to become part of the educational system as a teacher. There are 10 principles that significant according to the Interstate New Teachers Assessment and Support Consortium when reviewing candidates for the position of school counselor. These principle consist of â€Å"learning styles and diversity, motivation and behavior, interpersonal relationships, communication and knowledge, instructional strategies and problem solving, planning for instruction, making content meaningful, assessment, child development and learning theory, and planning for instruction† INTASC, 2008). Many educators, mainly at an elementary age level, have a filled classroom with minimal resources in regards to discipline. It is important to keep a firm control of authority so as to support appropriate learning environment. Behavior is a test demonstrated by students to push more each day in bold new ways. Since these ideas have been said a prospective counselor in education needs to discern and recognize the benefits as well as the risks that are involved. The risks implicated the issues with reluctant and non participating family members with his or her child’s plan for behavioral concerns. The benefits are clear, when a school s filled with enjoyable, interactive programs t is pursued by a renewed sense of elation to from the students. Position Analysis Questionnaire Method The importance of job analysis in education is imperative. A systematic evaluation of a position for a school counselor aids in the supervised development of quality job performance. An Industrial and Organizational Psychologist employ wide range of techniques to perform accurate analysis on all jobs. An example would be functional job analysis, task inventories, job components inventory, and position analysis questionnaire. School counselors at the elementary level are most commonly given the positions analysis questionnaire. Job position for school counselors reflects services, codes, and programs this s found n Chapter 33 of the Texas Educational Code, Title 2 of the Texas Education Agency, or TEA. The basis of employment positions are required skills and the education a person needs to have to apply for a job. Counselors in Texas, has to have a degree n a Masters program with an credited University also have an official teaching certificate from Texas. In addition a people are required to teach a classroom setting for two years or more before an application for the counselor’s certification will be processed. A good score on certification examinations and a national finger print background check will then allow for the person to become an accredited applicant for school counselor (TEA, 2011). In 1996 across the state of Texas the Texas Evaluation Model for Professional School Counselors (TEMPSCO) was implemented. This serves as a form of regular analysis of an all school counselors. It is also pertinent for counselors teaching grades Pre-School -12th grades. It is documented on The School Guidance and Counseling Job Evaluation Form. Eight Domains of Job Performance There are a multitude of sub categories to the eight domains that are observed in the job analysis. This includes certain standards of personal behavior and job performance of the person in this position. All of the standards are provided by the Texas Education Code, Title 2, Public Education, Subtitle F. Curriculum, Programs, and Services: Service Programs nd Extracurricular Activities; Subchapter A; School Counselors and Counseling Programs (TEA, 2011). This requires practicing counselors to assess, arrange and administer developmental programs (including resources in a program and paraprofessionals) designed for other teachers, parents as well as students. Developmental programs need to concentrate on developing decision making, interpersonal effectiveness, self confidence, goal setting, cross cultural effectiveness, planning, communication, responsible behavior, and motivation to achieve (TEA, 2011). Also a school counselor is directed to oversee, review as well as plan guidance programs for students that have â€Å"developmental needs†. These needs are made up of physical disabilities, behavioral disorders, as well as learning disabilities. The addition of students who have disabilities is the essential goal for the TEA. Seen throughout the school district are the continued encouragement of other students and more importantly the parents of the child all through the domain of program management and guidance requirements. A school counselor is suppose to be able to openly counsel the students n a time of emergency, suffering, and other non specified issues. School counselors need to therefore consider many variables and use core concepts that are use n the field of Psychology. TEA advises the counselors to be current on theories and techniques that are believed to be satisfactory to achieve and establish individual, learning, community and occupational development for the students. There is a high standard for professionalism and compliance that counselors are held to. School counselors have to reflect proper moral, ethical, as well as lawful standards of behavior. Indecent use of communications or language and violation of school rules will not be allowed during any time for anyone that is n the educational system. This person is not only an advocate for the school, the students and parents, as well as the entire field of psychology. Reliability and Validity Reality and validity in regards to the job analysis of school counselor has significantly improving in comparison to earlier performed evaluations. The text materials and research carefully provides insight into each category and the requirement for each job position for further review and research. A list of certifications and prerequisite procedures are also listed. Evaluating eight levels of job requirements are: counseling, student assessment, professional standards, rogram management, coordination, guidance, and consulting (TEA, 2011). There are several columns or questions the evaluator has to answer. This is done with a score of 1-5 with each of the eight domain levels. The equivalent of the rating scale reflects the following: 1=unsatisfactory, 2=below, 3= meets the standards. 4=exceeds the standards, and 5= clearly outstanding. If the criteria or standard doesn’t pertain to the applicant during the evaluation NA will also apply. There is also a place on the evaluation to be left blank intentionally that will be used by the evaluator that includes his or her personal information, notes telling strengths additional comments that he or she has for the personnel, as well as areas that need to be worked on. Conclusion Depression, addictions, bipolar disorder, stress, divorce, anger, post traumatic stress disorder, autism, and attention deficit hyperactivity disorder are just a few of the many factors and disorders that a person would receive advice, therapy, and counseling. These disorders and factors affect numerous students and families alike. Therefore there is a need for ethical, compassionate, and competent school counselors are essential. There is also a dramatic difference in the salary based scale and the worth of a job position for school counselors and a professional licensed counselor n private practice. However, the wish to better children’s lives through forms of developmental programs, advocacy for success and psychotherapy, outweigh any financial gain.

Movie “One Flew Over the Cuckoo’s Nest” Essay

Nurse Ratched: That’s okay, Nurse Pilbo. If Mr. McMurphy does not want to take his medicine, we will just have to arrange for him to have it some other way, although I don’t think he’d like it very much. In the movie, although most of the patients are not â€Å"chronics† (committed forcibly), nobody ever leaves to establish their autonomy. Nurse Ratched, under the guise of a counselor interested in helping them to overcome their problems and establish independence, actually uses implicit and explicit measures to oppress them and keep them captive in a de facto dictatorship. One of the ways to keep the patients docile and puerile is exemplified in the foregoing dialogue. The ingestion of pills indicates an oral fixation and an inability to progress to the proper phallic stage. Even if the pills are not the catalyst of the arrested development, and their neuroses are the result of arrested development that preceded their admission to the hospital, the pills preclude any possibility of ameliorating their problems. McMurphy, who is the quintessential representation of democracy and rugged individualism, has no such problems. However, in an attempt to control him, Ratched threatens to forcibly insert the pill into his body rectally. Such an action, if completed, would symbolize a regress to the anal stage,  successfully removing him from the world writ large and the Law of the Father. Luckily, McMurphy feigns swallowing the pill to appease her, and then spits in out. Two incidents that support psychoanalytic reading Billy Bibbitt is a stuttering, virginal, thirty-year old boy child. His inability to establish solidarity with anyone, especially of the opposite sex, and his profound difficulty articulating himself, show an inability to successfully enter the Symbolic realm and establish a name for himself. He is strikingly similar, in many ways, to the monster in Frankenstein. However, towards the end of the movie, he is wheeled in a wheelchair into an isolated room, where he has sex with a strumpet. As he sits in the wheelchair, he is ill, malignant to society, a cancer who has been successfully removed.However, after coitus, he becomes confident, holding his head high, laughing, and most importantly, he does not stutter. Nurse Ratched asks him if he is ashamed of what he did. He says, â€Å"No, I’m not† as articulately as an ambassador. Unfortunately, Ratched threatens to tell his mother, which once again removes him from the Symbolic realm, forcing him to stutter again, losing the linguistic facility he required. It is too much for him to bear. He kills himself. Charlie Cheswick, an insecure neurotic, becomes enraged, overtly challenging Nurse Ratched when she hides his cigarettes. Inspired by McMurphy and his democratic, paternalistic ideals, he begins to see the cigarettes as a phallic symbol, his absent father, desperately attempting to return to the imaginary stage so that he can accept his father’s dominance, disabuse himself of an overwhelming need for his mother, and enter the Symbolic realm, thereby gaining his autonomy. Unfortunately, Ratched and the sadistic orderlies put an end to his fustian ranting, and he is led away, crying, to receive electro-shock therapy. L Interpretation of one character using psychoanalysis Martini, played by Danny Devito, not only has a childlike physicality, but  has a puerile affect as well. He does not speak throughout the entire film, except for non-sequiturs and sibilant and monosyllabic utterances in response to McMurphy’s remarks and always has an innocent smile on his face, oblivious to the meaning of language (he cannot understand McMurphy’s explanations of how to play cards). This shows an inability to escape the imaginary realm, as he is not able to successfully construct meaning with others. However, towards the end of the movie, after all of the patients reveled in bacchanalian bliss, Nurse Ratched asks him to pick up her soiled cap, which lay on the floor. He understands her and, smiling, carries out her order. He may not be able to understand the Law of the Father, but he can understand Ratched’s language (the signifier) and the thing that it signifies (oppression that relegates him to eternal childhood). Themes and Issues ** McMurphy (Law of the Father) versus Ratched (the maternal thing and object a which the patients are seeking, but can never recover. However, the faà §ade of possibly grasping it – Ratched strings them along- keeps them hostage). ** Taciturnity versus fluency Symbols ** Cigarettes are symbolic of the phallus ** Pornographic playing cards, which can possibly be symbolic of a mother figure, are here used (I believe) to stimulate sexual desire in an attempt to draw the patients towards the Symbolic realm). ** Pills are symbolic of an oral fixation. ** Wheelchair is symbolic of paralysis (stifled by Ratched’s dictates), but when Billy Bibbitt falls out of the wheelchair, into the arms of a woman, Ratched’s control is vitiated. Why I believe in this reading Because mental illness, or the perception of mental illness, is the focus of the movie, psychoanalytic criticism is perhaps the best critical theory to analyze the themes and characters. The aberrant behavior manifested by the patients can easily be explained using the imaginary and symbolic realms, and metaphoric connections can be drawn, as the heading â€Å"symbols† shows. This is not only an easy and productive theory to use for this movie, but one which yields (I believe) truthful explanations. Reader Response Textual Passage â€Å"But Doc, she was fifteen years old, going on thirty-five, Doc, and, uh, she told me she was eighteen and she was, uh, very willing, you know what I mean†¦I practically had to take to sewin’ my pants shut. But, uh between you and me, uh, she might have been fifteen, but when you get that little red beaver right up there in front of ya, I don’t think it’s crazy at all now and I don’t think you do either†¦No man alive could resist that, and that’s why I got into jail to begin with. And now they’re telling me I’m crazy over here because I don’t sit there like a goddamn vegetable. Don’t make a bit of sense to me. If that’s what’s bein’ crazy is, then I’m senseless, out of it, gone-down-the-road, wacko. But no more, no less, that’s it.† In the foregoing passage, McMurphy defends his sanity with an apology that would be difficult for anyone in society to disagree with. He portrays the female as the lascivious one, so interested in satisfying her sexual desires that she prevaricates about her age to copulate with the â€Å"unsuspecting† McMurphy. He portrays himself as the all-American male, respectful of women, yet having a strong libido, ready, willing, and able to cleave the beaver at a moment’s notice. J He becomes the victim when he ascertains her true age, and derides the system for questioning his mental health for acting as any other man would in his situation. He concludes his defense with verbal  irony, acerbically vociferating that if such behavior is abnormal, then he is indeed the king of craziness. Two incidents that support reader-response McMurphy knows that the others are not crazy, and although he may not be able to articulate it, knows that they are all being governed by an autocrat with no interest but self-interest. In an effort to overcome the totalitarian regime, he knows he must win the other patients over to his side. To become victorious over Nurse Ratched, he feigns watching the World Series, creating his own game, a game which is a foundation of democratic ideals, as American as apple-pie. Nurse Ratched looks on in disbelief and rage as the patients, usually reticent and phlegmatic, become excited and happy, buying into McMurphy’s ideals. She immediately importunes them to stop, but as the scene ends, they continue their revelry. It appears that McMurphy has the upper- hand. The movie takes place in the 1960’s, when racism was still prevalent. It is important to note that all of the patients are white, yet powerless, and all of the orderlies, a menial job, are black, yet dominate the patients throughout the movie. Not only do they physically control the patients, but also are mentally and emotionally healthier, and they have more freedom (they listen to the World Series, while the patients cannot). Perhaps even implicitly, the director is advocating equal rights for African Americans, or perhaps even insinuating that blacks are superior to whites. However, since they must answer to those in charge (who are also white) the latter theory does not seem plausible. The director most likely wants to show how powerless the mentally ill truly are, to be controlled by people who were subjugated and kept in bondage for hundreds of years. They are truly the dregs of society. Interpretation of one character using reader-response Although Chief Bromden seems to be more powerless than McMurphy throughout most of the film, it is he who survives and escapes into the world writ  large at the movie’s end. Bromden has intrinsic strength, but is unable to find it throughout most of the movie because it is concealed by a hatred for the world (fostered by his father’s alcoholism). However, he buys into McMurphy’s democratic ideals, his vision of freedom, and desires to break free from the bondage and begin a life full of promise. Unfortunately, he is forced to do it alone because McMurphy, who appears to be so powerful throughout the entire film, is only affecting interest in freedom. He knows that he is a pariah, and desires to be incarcerated to escape the pain of the world. He lies to himself and to others when he spreads his vision of autonomy. He has several chances to escape to freedom during the movie, but forsakes them in favor of wild antics. However, intractability and totalitarianism do not mix. His obstreperous antics and unwillingness to escape from his subjugation cause his demise. After he is lobotomized, and Bromden understands McMurphy will never be free, he knows that he can never be free unless he escapes from the institution. Hanging on to the ideals of democracy, which he now firmly believes in, he knows he must be strong enough to accomplish the dream that McMurphy could not fulfill. He suffocates McMurphy so that he can enjoy freedom after all, and then uses brute strength to experience a freedom of his own as he throws the fountain, which McMurphy could not lift, through the window). It appears that Bromden is the stronger of the two after all, and McMurphy’s strength was always artificial. He was not able to change any of the other patients with his worldview, but it appears verisimilitude can ha ve positive effects after all. Where is Chief Bromden now, I wonder? Themes/Issues ** Democracy versus totalitarianism **Perception versus reality ** Black versus white ** Femininity versus masculinity **Criminality versus insanity ** Nature versus nurture ** Social constructs and identity formation Symbols ** Music symbolizes regimentation and control ** Sex symbolizes freedom ** Race, affect, cognitive development, gender, and mental stability symbolize stratification. ** Mental facility symbolizes a microcosm with the macrocosm, which is directly antithetical to the ideals the macrocosm embraces – rationing of personal effects, bedtimes, facilitated and monitored conversations, etc. ** Choice symbolizes the taboo. Why I believe in this reading Without reader response, subjectivity cannot exist. When myriad ways of looking at the world do not exist, provincialism ensues, and eventually a maniac like Nurse Ratched may govern us all. J To preclude myopia and societal malignancies (racism, classism, chauvinism, and other biases), it is necessary to view texts, and by texts I mean everything society that can be analyzed, as objectively as possibly, analyzing them from many perspectives. I am grateful to have the ability to use my mind to attempt to develop solutions to the ills of the world, because some people live in worlds that preclude them from using their minds to seek justice for themselves and others. Nurse Ratched’s must be thwarted before they establish power! Feminist Approach Textual Passage Nurse Ratched: Why did you ask that girl to marry you Billy? Billy: I, I, I, loved her Nurse Ratched. Nurse Ratched: Why didn’t you tell your mother about it? Your mother told me you didn’t tell her. Billy Bibbitt: ( He is silent and hangs his head in shame). Charlie Cheswick: (Fearfully and hesitantly) Nurse Ratched, let me ask you a question. Nurse Ratched: (Angered, with fire in her eyes, affecting concern) Go ahead, Mr. Cheswick. Charlie Cheswick: Nurse Ratched, can’t you see he’s uncomfortable. I mean, if he doesn’t want to talk, can’t we just go on to some new business. Nurse Ratched: ( Impatiently and caustically, verging on a diatribe) The business of this meeting, Mr. Cheswick, is therapy! While it might appear that Nurse Ratched is genuinely concerned about Billy at first glance, after further examination it is apparent, from this discourse and other interlocution throughout the movie, that she has deep seated sexual problems and loathes men, hatred that may be the product of inequalities or abuse that she has experienced at the hands of men. While adult men should not have to apprise their parents of relationships with the opposite sex, Nurse Ratched thinks it is imperative. She is remembering promises of fidelity from sweet-talking Lothario’s, men who proposed marriage, but did so clandestinely, all in an effort to use her for sexual pleasure! She loves Billy’s inability to articulate himself, because he  cannot flatter women with lies, and break their hearts, as men broke hers. She values men who are close to their mothers because such relationships are built on trust and innocence. Those who keep secrets can conspire to hurt others for their own selfish gain. Mothers hate that! When she attempts to counsel Billy, she does so from a personal bias, even if she does not see it. In an effort to assuage her own pain, and the oppression of all women in society, she destroys Billy’s self-image, emasculating him, making him as powerless as she is. Interpretation of Mildred Ratched using feminist criticism Mildred Ratched shows a desire, a compulsion really, to completely control every man on the ward throughout the entire movie. She knows she cannot establish such power with completely healthy men, so she cherishes her time at the ward (if one is on the qui vive during the movie, it is apparent that she comes when the sun just rises and leaves when it is dark – she’s a fanatic!). She is attempting to create her own world, one where she is completely in charge, and the oppressive ideologies of a patriarchal society become a de facto fiction. Almost all of the men are taciturn, or when they do speak, the language is fragmented and uncertain. Her language is omnipresent and omnipotent, superseding and threatening to completely obliterate the language of the outside world. When McMurphy, an intractable democratic ideologue with glib on his tongue and subversion on his mind comes to the facility, her own suppression becomes a reality once again, and she knows she must fight u ntil she tames this wild beast. Although McMurphy proves to be a formidable foe, she defeats him in the end, proving that a woman’s language can defeat the oppressive language of men when the two collide, and that others will still accept it after the battle is over. It is interesting that a male, Chief Bromden, who is thoroughly emasculated throughout the entire movie, has to generate the strength to escape from â€Å"feminine language† to enter the masculine language of the world writ large. It is NO LONGER the world writ large. Nurse Ratched’s world has turned into the macrocosm, and everywhere else is just a microcosm, only tangentially connected to reality proper, a reality that the virtuous Nurse Ratched creates. Two incidents that support this kind of reading I have already covered a lot, so I will give two brief examples. Randall McMurphy says: â€Å"They’ve been giving me ten-thousand volts a day and I’/ hot to trot. The next woman to take me on’s gonna light up like a pinball machine and pay off in silver dollars.† Nurse Ratched shows anger at first, and then affects amusement before changing the subject. She in sickened by his objectification of women, but then understands that she has him under her control. He won’t be gettin’ any nookie if she can help it! J Earlier in the film, she hides the patients’ cigarettes as punishment for gambling. The cigarettes represent phalluses, which she has complete control of. She emasculates them, and will only give their members back if they are good boys and follow her rules.