Friday, November 29, 2019

On U.S. Health Care Barack Obama and Hillary Clinton an Example of the Topic Health Essays by

On U.S. Health Care: Barack Obama and Hillary Clinton As the race for the most powerful seat in the White House draws near, the nominations for the Presidential candidate of the U.S. Democratic Party have also gained momentum. With two of the Democrats strongest bets competing to ultimately become the flag bearer of the party, an initial wave of national campaign has already been witnessed by the Americans. Obama and Clinton have constantly wooed the American voting population while backing themselves with their platforms and plans for addressing the crucial issues faced by the country. One of the major national concerns highlighted in both candidates plans for action is the improvement of the U.S. health care system. Now, universal health care is being raised by both sides alongside with addressing the nations rising health care costs. Need essay sample on "On U.S. Health Care: Barack Obama and Hillary Clinton" topic? We will write a custom essay sample specifically for you Proceed College Students Often Tell Us: How much do I have to pay someone to make my assignment today? Essay writer professionals suggest: Calculate The Price Here Buy Essay Online Reviews Get Paid To Write Essays For Students Write My Paper For Me Cheap Best Essay Writing Service In 2006, the cost of U.S. health care has already increased by 6.7% with total expenses amounting to more than $2.1 trillion which is equivalent to $7,000 per person in the country (Kuttner, 2008). At present, the cost of health care is already worth 16% of the U.S. gross domestic product and is still bound to increase up to 20% until 2016. Such overwhelming increase in medical care costs is caused by several factors including the abundance of new medical technologies, commercialization within the health industry, poor health habits of the people, and the heavy burden of tax on acquiring health insurances. However, despite the devastatingly high medical costs, there is no guarantee that quality health care is being provided as it has been found that around one fifth and one third of such medical expenses do not actually deliver in making peoples health any better. Hence, the current health care system of the country which takes more from the peoples pockets while leaving out more suf fering in health problems without aid is aimed to be resolved by both Democrat presidential candidate-hopefuls Barack Obama and Hillary Clinton in case either of them wins the U.S. presidency. Both have laid out their proposals for improving the countrys health care condition, and the thrust of their health care solutions revolve around providing health insurance for the American population and strategic planning for reducing medical care expenditures. Illinois Senator Barack Obama intends to provide universal health insurance by making way for quality, affordable and portable coverage for all the Americans. Obamas national health plan is to ensure insurance eligibility for every applicant regardless of previous medical history. Such new health plan also include a wide range of benefits such as health packages like those received by federal employees; low cost premiums, co-pays and deductibles; and subsidies for unqualified Medicaid or State Childrens Health Insurance Program applicants in acquiring the new public plan or a private health care insurance. Along with these, the new health plan for the public shall be accessed and availed easily with portability, as changing jobs would no longer affect insurance coverage; and efficiency, as the companies providing insurances shall be evaluated based on health information technology and administration standards. Obama also aims to establish the National Health Insurance Exchange which shall be of assistance to those who plan to avail of private health insurance plans while ensuring the equality, affordability, and accessibility of the coverage of such health plans (Montgomery, 2008). Moreover, Obama plans to require employers, excluding small-time ones who fall under a range of a relatively low income bracket, to contribute a portion from their salary budgets to the funding of the national health plan. He will also execute a mandatory health care coverage for all the American children, expand qualifications for programs under Medicaid and SCHIP, and allow the flexibility of state health plans that are already being implemented in several states as long as they would coincide with the national health plans minimum standards. In addition to these, Obama also targets the lowering of medical costs by modernizing the current American health care system. This shall be done by reducing the costs of catastrophic illnesses for both employers and employees through reimbursements; assisting patients through support disease management programs, coordinated and integrated health care, and medical care and costs transparency; ensuring quality care delivered by health providers; and lowering medical costs by investing in electronic health information technology systems and increasing the competition in health insurance and drug markets. Thus, Obama claims that a typical consumer will have $2,500 worth of annual savings if his health care plan worth $50 billion to $65 billion per year will be actualized (www.cbsnews.com, 2007). Furthermore, Obama also plans to lobby for new health initiatives such as the advancement of the biomedical research field, fighting AIDS worldwide, supporting disabled Americans, improving ment al health care, protecting children from lead poisoning, reducing risks of mercury pollution, and supporting Americans with autism (www.barackobama.com/issues/healthcare, 2008). On the other hand, New York Senator Hillary Clintons primary program in her American Health Choices Plan is to provide mandatory health insurance for every American. Clinton plans to require everyone to have an individual health insurance, and to do so, she would provide for tax credits limited to a portion of household income for families to be able to pay for coverage. Although small businesses would not be covered under the health insurance mandate, Clinton will also support them with tax credit grants (www.cnn.com, 2007). Her health plan would also be offering new health insurance coverage choices, which include coverage similar to the members of Congress and public plan options, for both insured and uninsured Americans. Moreover, she also intends to distribute benefits for current health insured people by reducing costs through removing hidden taxes, strengthening insurance security, and eliminating unfair health insurance discrimination. Clintons implementation of universal hea lth insurance shall also promote shared responsibility from all who will benefit under the system, whereas insurance and drug companies shall be barred from exercising discrimination and unfair pricing tactics; individuals shall be required to avail and maintain an affordable and accessible insurance within the system; insurance providers shall cooperate with patients and businesses while rendering quality and inexpensive health care; employers shall be assisting in financing the system of national insurance coverage by apportioning for its funds while also ensuring that they provide coverage for their employees; and the government shall constantly monitor the status of national health insurance by implementing new policies or reforms for the further improvement of the nationwide insurance coverage if necessary (www.hillaryclinton.com, 2008). As part of Clintons goal to provide affordable and accessible health care in her American Health Choices Plan, she has revealed a seven-point plan which aims to resolve the health care cost inflation. Such medical care cost reduction plan includes focusing on prevention of illnesses and diseases, usage of more computer technology, coordination and streamlining of care for chronically-ill patients, offering individuals and small businesses market access to larger insurance pools, improving the quality of health care, controlling prescription drug costs, and reforming medical malpractices (Paddock, 2007). In terms of implementing such plans, her funding will be derived from the savings that will be realized from overhauling the current wasteful and expensive health care system. Moreover, Clinton is also geared towards further health actions in the future with her plans for fighting cancer, autism, HIV and AIDS, an agenda for reproductive health care and for supporting senior citizens, and an attempt to find a cure for breast cancer. Looking closely, there are several similarities in both Obamas and Clintons plans for national health care. Primarily, both focused on providing health care insurance coverage for the Americans and making way for a substantial decrease in current medical care costs. Obama particularly pushes for the availability of health insurance for all Americans while Clinton is determined to require every American to be health-insured. With regard to diminishing medical care costs, Obama and Clintons plans have concurred in terms of improving medical information technology and establishing a wider market for the health insurance and drug industry. Although their methods and strategies are different, they are both guided by the same objective of ensuring that American citizens enjoy proper health and wellness. In a country as progressive as the United States, it is a glaring irony that its overly expensive medical care cost of almost twenty cents per every dollar earning does not ensure effective health care at all. In response to this, both Obama and Clinton have drafted national health care plans offered to the Americans, either of which is upheld and implemented, will give a known possibility of developing the current health care system of the country. Within a few months, the final Democrat presidential nominee shall be made known and Republican candidate John McCain will finally meet his rival. Yet, in the event that either Obama or Clinton shall be excluded from the official presidential race, none of both should back away with spite and drop everything they have meticulously planned for the countrys progress, including their comprehensive national health care plans. Being in an elected position is not the only way to improve and serve America. As dominant figures who have already gained influence and power over the nation, even if they do not make into presidency, Obama and Clinton can still make a difference by pursuing their noble intentions and grand plans for the country. And as they hail from the same political party, Obama and Clinton should still support whichever of them reaches the farthest in the countrys race for political supremacy. And until a new president is in position, America will still await for its current h ealth care system to head towards a better direction. References Kuttner, Robert. Market-Based Failure A Second Opinion on U.S. Health Care Costs. The New England Journal of Medicine. 358:549-551(7 Feb. 2008). 1 May 2008. Montgomery, Kelly. Senator Barack Obamas Healthcare Reform Proposal. About-Health Insurance. 13 March 2008. Healths Disease and Condition. 1 May 2008. http://healthinsurance.about.com/od/healthinsurancebasics/a/obama.htm> Obama Unveils Universal Health Care Plan: Government, Businesses and Consumers Would Share the Programs Cost. CBS Broadcasting Inc. 29 May 2007. Politics. 1 May 2008 http://www.cbsnews.com/stories/2007/05/29/politics/main2863074.shtml> Providing Affordable and Accessible Health Care. Hillary for President. 2008. 1 May 2008. Clinton unveils mandatory health care insurance plan. Cable News Network. 2007. 1 May 2008. Paddock, Catharine. Hillary Clinton Unveils Plan For Reducing Health Care Costs. Medical News Today. 25 May 2007. Health News.

Monday, November 25, 2019

IT Project Management Midterm Answers Essays - Project Management

IT Project Management Midterm Answers Essays - Project Management IT Project Management Midterm Answers (b) The Matrix Organization. (b) Scope Management Plan. ( a ) Collect Requirements (b) Use Case Diagram (d) Milestone (d) A business case provides a project budget. (a) Slack (e) Critical Path Analysis (a ) Finish-to-Start (FS) (c) Sunk Costs (d) The value the completed project will provide to an organization. (b) Using technology to meet the needs of the business. (b) Is identifying the project phases and activities and estimating, sequencing , and assigning resources. (a) Signal the beginning of the project or phase. True Brief Answers: Scope, schedule, and budget must remain in a sort of equilibrium to support a part icular project goal. This rela tionship, sometimes referred to as the Triple Constraint. Project portfolio is a term that refers to an organization's group of projects and the process in which they are selected and managed. The project portfolio is strategically selected to advance the corporation's organizational goals. The Project life cycle(PLC) is a collection of logical stages or phases that maps the life of a project from its beginning to end. Each phase should provide one or more deliverables. During the first of these phases, the Initiation Phase , the project objective or need is identified; this can be a business problem or opportunity. An appropriate response to the need is documented in a business case with recommended solution options. A feasibility study is conducted to investigate whether each option addresses the project objective and a final recommended solution is determined. Issues of feasibility ("can we do the project?") and justification ("should we do the project?") are addressed. Yes, it can be considered successful if and only the customer is satisfied with the product . Selective outsourcing provides greater flexibility to choose which project or organizationalproducts and services should be outsourced and which should be kept internal. To avoid scope, creep, leap and grope. Failure to define and agree upon the MOV could result in scope changes later in the project, which can lead to added work impacting the project's schedule and budget. The procedures for defining and managing the scope of a project must be communicated and understood by all of the project's stakeholders to minimize the likelihood of misunderstanding. Moreover, the project's scope must align and support the project's MOV. Why spent time and resources to perform work that will not add any value to the organization of help the project achieve its MOV? Again, work that does not add value consumes valuable time and resources needlessly. Progressive elaboration allows a project management team to manage the project to a greater level of detail as it evolves. It involves continuously improving and detailing a plan as more detailed and specific information and more accurate estimates become available. It helps in achieving more accurate and complete plans that result from successive iterations of the planning process. When the first activity is still running and second activity starts, this is called Lead . For example, you're constructing a two-floor building, and now you have two activities in sequence; i.e. electrical work and painting. However, as you complete the electrical work of ground floor, you start painting it, and electrical work for first floor continues. When first activity completes, if there is then a delay or wait period before the second activity starts, this is called L ag . For Example, suppose you have to paint a newly constructed room. So, the first activity would be applying the primer coating and then you will go for the final painting. However, after applying the primer coating, you must give it some time to dry properly. Once the primer coating dries, you can start final painting. The time given for coating to dry itself is called the lag time.

Friday, November 22, 2019

Case Study Essay Example | Topics and Well Written Essays - 500 words - 46

Case Study - Essay Example The academic advisors also aim to ensure that all the students get an advising experience that is well rounded to navigate challenges and opportunities to fulfill career related and educational goals. They also work with students to transform their unique skills and, thus, create transformational change for their families and themselves (Kelly, 2003). Finally, the goals set by the academic advisers are to help their students to successfully navigate college, whatever their background, and to provide them with the tools they need to thrive in the university. However, there are several obstacles in attempting to improve leadership. One has to do with giving motivation to those one is leading, especially because the students will not go far if they do not feel motivated to achieve the set goals (Gilbert, 2012). Those who lack focus or interest in their goals will undermine the leader’s authority and efforts, although this could be fixed by clearly communicating the mission. Leaders also, sometimes, find it difficult to cultivate an experience of leadership. In order to be effective, a leader must ensure that he/she is capable of effective leadership. Skills that are required to execute particular goals cannot be learned in a classroom setting and, as such, they require some experience so as to execute them. For this reason, lack of experience is an obstacle to improvement of leadership capabilities. Lack of open communication is also an obstacle to improvement of leadership. This could involve finding a way for them to be approacha ble sans losing their authority. For a leader to improve he/she has to depend on open communication and this proves to be an obstacle sometimes. Finally, it is difficult to encourage those that one is leading to be proactive and to take risks with innovations (Gilbert, 2012). According to Matthew L.

Wednesday, November 20, 2019

Paying for Hospital Services Assignment Example | Topics and Well Written Essays - 750 words

Paying for Hospital Services - Assignment Example Here, patients are advantaged in a way that they enjoy the freedom to choose directly on the physician they want and generally benefit from a sufficient access to health care services. In addition, these patients can see their physicians even out of state and they do not have to wait for long to consult a specialist. The disadvantage of FFS is that, they are not quite affordable when compared to other mechanisms. Since it gives providers a strong incentive to offer more and rewarding items, FFS can be a disadvantageous tool for containing costs. Lastly, it is anticipated that the fee application plans must comprise lots of administration costs to view resources required for monitoring, adjustments, and monitoring of schedules (Medicare Payment Advisory Commission, 2010). Per Diem simply involves daily payment of services given by physicians or the hospital. It is beneficial because it encourages physicians to deliver better services. In some cases, the average per diem rate is forthright to implement and calculate since it can be founded on the total historical expenses divided by the entire number of bed-ways for a given group of services, such as maternity care. The average rate in this method can also be adjusted to mirror case-mix and patient characteristics, which may be a significant transition method, since per diem are manageably simple to implement and can be a good starting point when collecting data essential in case-based systems (Office for Oregon Health Policy and Research, 2008). According to the Centers for Medicare and Medicaid (2009), the Diagnosis-Related Groups system classifies patients into groups basing on their economic and medical records, similar hospital resource costs and use. Here, providers are paid at a fixed rate for every discharge depending on the diagnosis, type of discharge, and treatment. For this reason, DRGs possess a

Monday, November 18, 2019

Anti-globalization arguments Essay Example | Topics and Well Written Essays - 1500 words - 6

Anti-globalization arguments - Essay Example Also, how the proponents of globalization have responded to these criticisms has been discussed in the analysis. The report also includes a discussion of the ways in which the supporters of globalization have presented their views to negate the anti globalization arguments. The report is concluded by summarizing the findings and presenting a derived view of the topic. Globalization is a dynamic aspect which includes wide varieties of dimensions like economic dimensions, social dimensions, political dimensions, cultural dimensions, environmental and security dimensions and so on (Goldin and Reinert, 2006). The advent of the globalization era has changed the way corporations across the world function and has also had metamorphic effects on the way the global industries function. The access to international markets and global production capabilities offer the companies with extraordinary scopes of expanding their businesses and ensuring continued growth and profitability. Also, globaliz ation acts as a powerful catalyst in the stimulation of innovations and technological advancements in different sectors (Hoekman and Nicita, 2011). However, there is no doubt regarding the fact that that function on an international platform face complex and inherent challenges associated with the conducting of business in compliant and ethical ways that meet the distinct high standards as set by the constituencies. The access to international markets and global production capabilities offer the companies with extraordinary scopes of expanding their businesses and ensuring continued growth and profitability. Also, globalization acts as a powerful catalyst in the stimulation of innovations and technological advancements in different sectors (Hoekman and Nicita, 2011).  

Saturday, November 16, 2019

Strain Theory by Robert Merton | An Analysis

Strain Theory by Robert Merton | An Analysis In criminology, the strain theory describes social structures inside society that may support people to carry out crime. Following the work of Emile Durkheim, Strain Theories have been supported by Robert King Merton, Albert K. Cohen, Richard Cloward and Lloyd Ohlin, Robert Agnew, and Steven Messner and Richard Rosenfeld. Strain may be either: Structural: this applies to the procedures at the community level which break down and impact how one judges their requirements, i.e. if specific social controls are insufficient or there is little regulation, this may alter the individuals outlook as to methods and prospects; or Individual: This term represents the hostility and barriers faced by persons as they look for ways to fulfill their needs or desires, i.e. if the norms of a society become important to a person, in fact accomplishing them may become more significant than the methods. The History of Strain Theory Strain theory was created from the work of Durkheim and Merton and derived from the theory of anomie. Durkheim concentrated on the reduction of societal control and the strain that was caused at the individual level, and Merton analyzed the cultural connection that is present between the individual and the standards of society. Anomie can be split into two separate levels. The first of these levels is the macro side of anomie, which is apparent in the capacity of society to establish restrictions on societal norms and goals, and ultimately control an individuals conduct. The micro side of anomie, also called as strain theory, is focused on the motives underlying the bigger probability of deviance that accumulates from the breakdown of society. In accordance with this micro side of anomie, the reduction in societal controls generates more desire to perform deviant actions (Agnew Passas, 1997:2-3). Agnew and Passas (1997) dealt with the similarities between the macro level of anomie and control theory; however, they claimed that the micro level theory of strain should be judged in a distinct way different from the control theory. Agnew (1992:48) also contrasted and compared strain theory to control theory and social learning theory. The theories vary in the kind of social relationships that they emphasize and the motivations on which they are established. The control theory hinges on the notion that the breakdown of society frees the individual to carry out crime; strain theory is motivated on the strain that is put on the person to carry out crime (Agnew, 1992). Social learning theory is founded on the fundamentals from a group that bring about a constructive or positive view of crime (Agnew, 1992). In accordance with strain theory, individual deviance is created due to negative treatment from others, and this causes anger and disappointment (Agnew, 1997a). Control theory, tho ugh, is founded on the lack of significant relationships with non-deviant others, i.e. family, church, and social learning theory is based on positive interactions with other that are considered deviant. (Agnew, 1992). The attractiveness of strain/anomie theory began in the late 1960s owing to the need of data presented by analysts and the political and social environment of the decade (Agnew Passas, 1997). The lack of supporting evidence can be due to many deficiencies in the original methods used by the analysts (Agnew Passas, 1997). Generalization of the theory and an ignorance of the earlier revisions caused a body of work that distorted the original definition of anomie/strain theory (Agnew Passas, 1997). Together with these deficiencies, modern theorists have claimed that empirical evidence in fact supports the theory (Agnew, Cullen, Burton, Evans, Gregory 1996). Mertons Strain Theory: Economic Goals, Educational Means Delinquency In the history of modern criminology, few theories have realized the impact of Mertons (1983) theory of strain and deviance. It has withstood a half-century despite a sizeable amount of literature opposed to its theoretical basis. Disillusionment with its empirical verification, on the other hand, has caused many to discard it as a possible explanation for delinquency (Hirschi, 1969; Johnson, 1979; Kornhauser, 1978). In view of the fact that the strain theory incorporates both mental and structural account for crime, its dismissal would be a critical loss to criminology. Together with reservations about the significance of social class in the birth of crime, the denial of Mertons theory of structurally induced strain could create a typical shift toward theories of individual behavior lacking structural context. The historical significance and unique contribution of strain theory deserves a re-examination before its final rejection. Mertons original explanation of strain was criticized for its theoretical uncertainty (Cohen, 1955; Lindesmith Gagnon, 1964). For instance, Merton gave examples of deviance perhaps linked with different methods of adjustment although he did not offer any statements regarding the methods by which each adaptive method might impact various crime results (Clinard, 1964a). The consequences of this type of vagueness are apparent in trials for the research of strain impacts on juvenile delinquency. The theory appears to mean that innovation causes utilitarian kinds of delinquency although does not state whether strain clarifies common kinds of juvenile crime for example sabotage or personal crimes of a non-utilitarian character (Gibbons Jones, 1975; Thio, 1975). The theory is implied as to whether strain should foresee crime prevalence or frequency or both, or critical against non-critical types. Akers operationalization of Agnews theory: Sources of strain Akers (2000) has operationalized Agnews version of the Strain Theory, as follows: Failure to achieve positively valued goals: the gap between expectations and actual achievements will derive from short- and long-term personal goals, and some of those goals will never be realized because of unavoidable circumstances including both inherent weaknesses and opportunities blocked by others; and the difference between the view of what a person believes the outcome should be and what actually results increases personal disappointment. Frustration is not necessarily due to any outside interference with valued goals, but a direct effect on anger, and has indirect effects on serious crime and aggression. Agnew and White (1992) have produced empirical evidence suggesting that general strain theory was positively able to relate delinquents and drug users, and that the strongest effect on the delinquents studied was the delinquency of their peers. They were interested in drug use because it did not appear to represent an attempt to direct anger or escape pain, but is used prim arily to manage the negative affect caused by strain. Up to this stage, strain theory had been related with types of strain as opposed to sources of strain while the stress of ones surroundings can be shown to involve with the expectations of just and fair results. These may be major events or minor hassles that build up and discourage over time. Frustration causes disappointment, bitterness, and anger all the emotions normally linked with strain in criminology. It is normal for persons to feel pain when they are refused fair compensations for their efforts, especially when measured against the endeavors and compensations given to others for similar results. Agnew (1992) deals with anger as the most decisive emotion as it is almost always aimed outwards and is generally linked to breakdowns in relationships. Study shows that the stress/crime relationship seems to hold regardless of guilt emotions, age, and capacity to deal with when events take place simultaneously or in close sequence. Robert Agnew In 1992, Agnew maintained that strain theory could be fundamental in describing crime and deviance, however that it required review so that it was not attached to social class or cultural standards; however, re-focused on self standards. He mapped out a general strain theory that is neither structural nor interpersonal; however, emotional and motivated on an individuals direct social status. He claimed that an individuals concrete or anticipated failure to realize positively valued objectives, actual or expected removal of positive values, and actual or anticipated presentation of negative motivation all results in strain. Strain appears from negative relationships with others. If persons are not dealt in the way that they anticipate or want to be dealt, they will lose their trust in the role others play for achieving goals. Anger and disappointment support unconstructive relationships. This will generally involve more one-sided action since there will be an innate wish to avoid unwanted rejections, supporting more general isolation. If specific rejections are general feelings that the situation is unjust or unfair, stronger and more negative feelings may inspire the person to engage in crime. This is especially true for younger people, and Agnew proposed that study concentrate on the overall , currency, duration, and grouping of such stressful events to find out whether a person deal with strain in a criminal or compliant way. He especially found temperament, intelligence, factors interpersonal skills, relationship with criminal peers and conservative social support important factors of self-efficacy. Robert Dubin Dubin (1959) judged deviance as a task of society, disputing the hypothesis that the deviant action resulting from circumstances of anomie is essentially damaging to society. For instance, a person in the ritualistic environment is still playing by the regulations and contributing to society. The only deviance lies in discarding one or more of its prescribed objectives. Dubin maintained that Mertons concentration on the interactions between societys stressed objectives, and institutionalized agreed methods was insufficient. Dubin thought an added difference should be made between cultural objectives, organizational methods and organizational standards since individuals identify standards individually, explaining them and operating them in a different way. The individual educational skills, principles, and behaviors may influence a person to internalize a norm one way. Another individual with different experiences may justifiably internalize in a different way. Both may be doing realistically in their own terms; however, the behavior is different. Dubin also expanded Mertons classification to fourteen, with particular focus in Innovation and Ritualism. Merton put forward that the new response to strain was linking the objective, although discarding the organizing agreed methods of realizing the objective. The connotation appeared to be that not only did the person discard the methods, he must vigorously innovate unlawful methods as a replacement which would not always be correct. Dubin also believed that a difference should be made between the real behavior of the individual and the principles that pushed the behavior. Rather than Innovation, Dubin put forward Behavioral Innovation and Value Innovation. Likewise, in Ritualism, he put forward Behavioral Ritualism and Value Ritualism (Dubin, 1959). Merton (1959) remarked on Dubins changes, claiming that although Dubin did make suitable contributions, they took the motivations off of deviancy. Operationalizing Strain for Juveniles Merton termed strain as an individuals response to a dysfunction between objectives and accessibility to the socially accepted methods for their achievement. Mertons original writings (1938; 1957) appear to spell out clearly that economic wealth is a principal goal in the meritocratic society and that education is the conservative ways for realizing wealth. At present, for instance, a college degree is usually considered as a minimum requirement for entry to a good job or professional job. Strain would be possible when a person is firmly dedicated to making much wealth nevertheless considers college as outside attainment. It is thought that structurally induced strain amongst juveniles would be considered correctly as the dysfunction between economic objectives and hopes for finishing college. On the contrary, the preferential operationalization of strain in delinquency researches has been the difference between educational aims and hopes. The argument for using this evaluation is that job expectations are less helpful as objectives for juveniles since these expectations are too far removed from their conscious concerns (Agnew, 1986, 1984; Elliott, Huizinga, Ageton, 1985). This normally used measure deviates considerably from Mertons theory. If strain is redefined completely in the field of education, the educational methods in Mertons original theory become both objectives and methods, and the central theoretical significance of economic objectives is lost. The basis for this version of strain for juveniles is challenging. Although juveniles may have trouble in thinking about future jobs, their financial aspirations may be strong and clear. For both hypothetical and rational motives, as a result, juvenile strain is a product of the dysfunction between economic objectives and educational prospects rather than as a dysfunction between educational aims and prospects. Conclusion In 1969, Hirschi proposed within a control outlook that high expectations to customary objectives performed as limitations on delinquency (1969) and that the calculation of a measure of strain would not enhance the descriptive competence of dedication alone. As against the strain position that high expectations in the presence of low expectations raise the chances of delinquency, Hirschi (1969) presumed that the (negative) relation between aspirations and delinquency (supportive of control theory) does not reverse when expectations are held constant. His assessment using educational expectations showed that while higher goals reduced the chance of delinquency in his sample, differences in educational expectations are not significant in the causation of delinquency for two reasons: few boys in the sample have expectations considerably beyond their expectations; and those boys whose expectations far exceed their expectations are at no greater risk to be delinquent than those boys whose expectations are the same (1969). More researches by Liska (1971) with several data sets strengthened Hirschis result. Similar to Hirschi, Liska computed juvenile strain as the dysfunction between educational expectations and reported results showing that Mertons stress proposition might be interpreted more simply by dedication or control theory. Therefore the most overwhelming criticism of strain theory relates to its noticeable failure in empirical research, mainly its failure in relation to control theory (Johnson, 1979; Kornhauser, 1978). In contrast, the majority of the studies supporting such results ignored the importance of economic success objectives in creating strain (Bernard, 1984). Hirschi recognized the possible value of income expectations in testing control and strain proposals (1969). His and Liskas denial of strain theory, though, depended on the assessment of objectives and methods as educational expectations Is EC Law Compatible with Parliamentary Sovereignty? Is EC Law Compatible with Parliamentary Sovereignty? Is the primacy of EC law over inconsistent UK statutes compatible with the doctrine of Parliamentary Sovereignty? The notion of Parliament as the supreme law-making body in the UK is a long-standing shibboleth of the British constitution[1]. Acts of Parliament have traditionally been deemed to be the highest form of law in the UK, and the courts were denied the authority to challenge them[2]. In 1972, however, the signing of the Treaty of Rome brought the UK within the scope of EC law[3]. The European Court of Justice has emphasised the primacy of EC law over the national law of its member states[4] and national courts are expected to recognise this. The British courts’ apparent capitulation[5] might suggest that Parliamentary sovereignty has now been usurped by the primacy of EC law. If true, this would be a major upheaval in our constitutional framework. However, on a closer analysis it seems that accession to the EC has had a less revolutionary effect on the British constitution than was initially feared. This paper will consider the relationship between these two seemingly irreconcilable doctrines and examine the question of whether they are capable of co-existence. Parliamentary Sovereignty Parliamentary sovereignty has a lengthy history in British constitutional law[6]. The definitive analysis was provided by Albert Dicey in the late 19th Century in his text Introduction to the Study of the Law of the Constitution[7]. Essentially, the principle provides that Parliament is the highest law-making authority in the UK. It â€Å"has the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.†[8] Dicey expands on this assertion to emphasise that Parliament was competent to pass laws on any subject[9]. The only thing that it could not do is bind its successors[10]. Furthermore, the courts lack the authority to challenge any statute that has been enacted using the correct procedure[11]. Primacy of EC Law Britain acceded to the European Communities in 1973, with the signing of the Treaty of Rome. EC law was given effect in Britain through the enactment of the European Communities Act 1972, which gave direct effect and application to EC law[12]. Article 10 of the Treaty of Rome, as amended, states that there is a duty on all member states to comply with Community law and not to impede its application and the European Court of Justice has vociferously emphasised its expectation that EC law will prevail where it conflicts with the domestic law of member states[13]. In Costa, for example, the ECJ states that â€Å"the precedence of Community law is confirmed by Art 189 (now 249) EC, whereby a regulation â€Å"shall be binding† and directly applicable in all Member States†[14]. In other words, EC law takes primacy over domestic law. The British courts have since demonstrated their willingness to comply with this instruction[15]. In Factortame No. 2[16], for example, Lord Bridge stated that â€Å"under the 1972 Act, it has always been clear that it was the duty of a UK court when delivering final judgment to override any rule of national law found to be in conflict with any directly enforceable Community law.†[17] Conflict between the doctrines The potential for conflict here is self-evident. The courts cannot serve two masters but, as long as these two competing doctrines co-exist, this effectively appears to be what they are being asked to do. On the one hand, Parliamentary sovereignty dictates that the courts have no right to question an Act of Parliament. On the other, EC law, which declares itself to be supreme, expects national courts to declare Acts of Parliament invalid to the extent that they are inconsistent with EC Law. On a practical level, it appears that the primacy of EC law has overwhelmed Parliamentary Sovereignty. The UK courts have grown more comfortable with applying EC law where it conflicts with UK statutes and EC law has become an accepted part of the British legal system. As Munro points out, however, it is important to remember that Parliamentary sovereignty is a legal doctrine[18]. It is not concerned with the political or practical effects of accession upon the authority of Parliament, but with whether, legally speaking, parliamentary sovereignty is preserved[19]. This is an important consideration. In cases that followed the enactment of the 1972 Act, Lord Denning attempted to reconcile the apparently conflicting norms[20]. He argued that, although EC law was treated by the courts as prevailing over conflicting domestic law, EC law was only offered this status on the basis of an Act of Parliament, the 1972 Act. As the 1972 Act has no greater status than any other parliamentary statute, it could be repealed by an express provision in a subsequent Act of Parliament. The legal concept of Parliamentary sovereignty is therefore preserved.[21] The 1972 is not presented as being in any way superior to a normal Act of Parliament[22]. Indeed, during the ministerial discussions that preceded the passing of the Act it was acknowledged that any attempt to do so could readily be overturned by a subsequent Parliament[23]. Of course, the doctrine of implied repeal cannot operate in respect of the 1972 Act since it is not considered to be overridden by subsequent contradictory enactments. As Munro points out, however, this is a characteristic shared by other legislation and does not necessarily threaten the sovereignty of Parliament[24]. Ward believes that parliamentary sovereignty is an archaic legal fiction that ignores political realities and serves no purpose in a modern setting shaped by the twin influences of globalisation and decentralisation of power[25]. He considers that we would be best served by abandoning the idea of Parliamentary sovereignty in favour of a â€Å"new constitutional order†[26]. However, even he acknowledges that, on the legal plane at least, the concept of Parliamentary sovereignty undoubtedly continues to exist alongside EC law[27]. Conclusion As Munro has argued, is important to distinguish the legal concept of Parliamentary sovereignty from a political or pragmatic interpretation of the term. While it may be that repeal of the 1972 Act and withdrawal from the EC would be impossible in real terms, Parliament retains the legal option to do this. Therefore, it is theoretically possible to reconcile the apparently conflicting doctrines within our constitutional framework. BIBLIOGRAPHY Barnett, H.A. Constitutional and Administrative Law (Cavendish: London) 2004 Bradley, A. â€Å"The Sovereignty of Parliament – Form or Substance?† in Jowell, J. and Oliver, D. The Changing Constitution (Oxford University Press: Oxford) 2004 Dicey, A.V. Introduction to the Study of the Law of the Constitution (Macmillan Education: Basingstoke) 1959 Goldsworthy, J.D. The Sovereignty of Parliament: History and Philosophy (Oxford University Press: Oxford) 1999 Munro, C. Studies in Constitutional Law (Butterworths: London) 1999 Ward, I. A Critical Introduction to European Law (Butterworths: London) 1996 Ward, I. The Margins of European Law (Macmillan Education: Basingstoke) 1996 Algemene Transport en Expeditie Onderneming Van Gend en Loos v Netherlands Inland Revenue Administration [1963] C.M.L.R. 105 Costa v. Ente Nazionale per lEnergia Elettrica (ENEL) [1968] C.M.L.R. 267 McCarthys Ltd v Smith (1979) 3 All ER 325 R v Secretary of State for Transport ex p. Factortame Ltd (No. 2) [1991] 1 A.C. 603 (HL) 1 Footnotes [1] See generally Goldsworthy, J.D. The Sovereignty of Parliament: History and Philosophy (Oxford University Press: Oxford) 1999 [2] Bradley, A. â€Å"The Sovereignty of Parliament – Form or Substance?† in Jowell, J. and Oliver, D. The Changing Constitution (Oxford University Press: Oxford) 2004 (hereinafter â€Å"Bradley†) at 28 [3] Barnett, H.A. Constitutional and Administrative Law (Cavendish: London) 2004 (hereinafter â€Å"Barnett†) at 192 [4]Ibid [5] Bradley supra note 2 at 46 [6] See e.g. Munro, C. Studies in Constitutional Law (Butterworths: London) 1999 (hereinafter â€Å"Munro†) at 127 [7] Dicey, A.V. Introduction to the Study of the Law of the Constitution (Macmillan Education: Basingstoke) 1959 (hereinafter â€Å"Dicey†) [8] Dicey supra note 7 at 39 [9] Ibid [10] Dicey supra note 7 at 44 [11] Dicey supra note 7 at 45 [12] Munro supra note 6 at 201 [13] See e.g. Algemene Transport en Expeditie Onderneming Van Gend en Loos v Netherlands Inland Revenue Administration [1963] C.M.L.R. 105 (hereinafter â€Å"Van Gend en Loos†) and Costa v. Ente Nazionale per lEnergia Elettrica (ENEL) [1968] C.M.L.R. 267 (hereinafter â€Å"Costa†) [14] Costa supra note 13 at 271 [15] Bradley supra note 2 at 46 [16] R v Secretary of State for Transport ex p. Factortame Ltd (No. 2) [1991] 1 A.C. 603 (HL) (hereinafter â€Å"Factortame†) [17] Factortame supra note 16 at 659 [18] Munro supra note 6 at 206 [19] Ibid [20] Ward, I. The Margins of European Law (Macmillan Education: Basingstoke) 1996 (hereinafter â€Å"Margins†) at 76 [21] See e.g. McCarthys Ltd v Smith (1979) 3 All ER 325 [22] Munro supra note 6 at 204 [23] Bradley supra note 2 at 47 [24] Munro supra note 6 at 207 [25] Margins supra note 7 at Chapter 4 [26] Margins supra note 7 at 82 [27] Margins supra note 7 at 85

Thursday, November 14, 2019

The United States’ Lack of Mental Health Care Essay -- United States, h

About 75-80 million people in the United States are mentally ill to some extent (For the Mentally Ill, Finding Treatment Grows Harder). Many people are unaware of the treatments for the mentally ill and how few resources are available. Yes, if society looks from where society has come with the development of treatments, it has come a long ways. There is still more knowledge to be uncovered to ensure the United States gives the mentally ill care equal to what the United States gives the physically ill. Even though research has advanced immensely in the understanding of sanity vs. insanity, the United States needs to do more for those who are mentally ill through diagnosis and aid. â€Å"Mental illness refers to a wide range of mental health conditions — disorders that affect your mood, thinking and behavior† (Mayo Clinic). Mental disorders can happen many times through one’s life, but mental illness is classified as an ongoing problem with the symptoms that can affect the ability to perform normal day to day tasks (Mayo Clinic). Many people look at those afflicted with mental disorders as being crazy or clinically insane, while the reality is a problem many people live with on a daily basis with help from medications, psychologist visits, family, friends, help groups, and many other support systems. The lack of support available to mentally ill patients, the more that will refuse treatment and refuse to find help for their disorders. Many people who were born with mental disorders grow up knowing they have a problem, but people who develop them later in age don’t understand how to cope with it. In prehistory, the idea of a mental illness was challenging to comprehend. The people of these ancient times thought it was magical spirits o... ..."10 Mind-Boggling Psychiatric Treatments." Mental Floss http://mentalfloss.com/article/31489/10-mind-boggling-psychiatric-treatments Fields, Gary. "For Mentally Ill, Finding Treatment Grows Harder." Wall Street Journal 16 January 2014. http://online.wsj.com/news/articles/SB10001424052702304281004579218204163263142 Mayo Clinic. 2014. 18 March 2014 http://www.mayoclinic.org/diseases-conditions/mental-illness/basics/definition/con- 20033813 Society, British Psychology. Recent Advances in Understanding Mental Illness and Psychology Experiences. Leicester, 2000. http://www.schizophrenia.com/research/Rep03.pdf Thompson, Marie L. Mental Illness. Westport: Greenwood Press, 2007. University, Harvard. "The Prevalence and Treatment of Mental Illness Today." November 2005. http://www.health.harvard.edu/newsweek/Prevalence-and-treatment-of-mental-illness- today.htm