Take home exam. 3 cases not to be more then 6 total pages Essay

Take home exam. 3 cases not to be more then 6 total pages - Essay Example 10 (par. 1)2, of the Constitution.3 The Court’s majority opinion (delivered by Chief Justice Taney) found for the defendants (Warren Bridge proprietors). After first citing the relevant language in Court’s prior holding in Satterlee v. Matthewson (27 U.S. 380, 1829)—â€Å"If the State law is said to be retrospective, be it so. But retrospective laws which do not impair the obligation of contracts or partake of the character of ex post facto laws are not condemned or forbidden by any part of the instrument [Constitution of the United States] (Id., at 413)†Ã¢â‚¬â€and admitting quite candidly that the free passage character of the Warren Bridge had rendered the Charles River Bridge franchise of no value, stated that nonetheless the complainants’ saw â€Å"None of the faculties or franchises granted to that corporation †¦ revoked by the Legislature, and its right to take tolls granted by the charter remains unaltered [36 U.S. 430, at 549].† Of greater import than the specifics of the case in question was the thinking of the Court on the implications of a decision in favor of the complainants. Chief Justice Taney addressed these in a series of rhetorical questions and answers. â€Å"And what would be the fruits of this doctrine of implied contracts on the part of the states and of property in a line of travel by a corporation if it were now sanctioned by the Court? To what results would it lead us to? If it is to be found in the charter to this bridge, the same process of reasoning must discover it in the various acts which have been passed within the last forty years for turnpike companies. And what is to be the extent of the privileges of exclusion on the different sides of the road†¦ The millions of property which have been invested in railroads and canals upon lines of travel will be put in jeopardy [Id., at 552].† Justice Story argued in dissent. While he detailed a number of points at

Aid in dying or physician assisted suicide Research Paper

Aid in dying or physician assisted suicide - Research Paper Example Those who have opted to take a neutral stand believe that while physician assisted suicide may be unethical in some cases; there are certain cases that may warrant the doctor to take the necessary action to end the life of his or her patient. This is especially in cases where the patient himself demands that a doctor ends his life because it has become unbearable because of the pain they are enduring in their terminal illness. The legal and moral debate is currently going on and it seems that the stands that have been taken on the opposite sides of the debate are going to be reconciled any time soon. A brief discussion of the issues involved in physician assisted suicide needs to be discussed in order to come up with a suitable stand concerning the matter. Background There have developed strong arguments concerning the loosening of the legal constraints that prevent doctors from administering physician-assisted suicide to their patients. Surveys that have been conducted recently have shown that many people of the United States are in favor of the legalization of this practice.1 Those opposed to it are the conservative elements of the society such as religious people as well as moral conservatives who tend to equate the practice to murder. It should however be realized that some form of legalization of the practice is eventually going to be made because many people will most likely leave behind instructions concerning their being assisted to die in case something serious happens to them. It will no longer matter what the government and conservatives elements in society will have to say because the wishes of individuals will most likely be put first. There has, recently been a high prevalence in the number of people who have made requests to their doctors to have assistance with suicide. The doctors have to consider this difficult request because of the legal and ethical repercussions of the practice.2 It can safely be said that there is a high likelihood that ma ny doctors accede to the demand of their patients, although secretly, and assist them in ending their lives. Despite it being illegal, especially in the United States, the possibilities of physician-assisted suicides taking place in the country are quite high. Such acts are most likely going to force the legalization of assisted suicides so that the government can have some measure of control over it. Analysis Among the arguments that have been made concerning the banning of physician, assisted suicide is that it is wrong in the eyes of God. The greatest opposition to the legalization of this practice has come from the religious establishment and religious texts and opinions have been used to justify its stand. It has been stated that only God has the ultimate power to take away life, and that doctors who assist their patients in dying are committing a sin.3 This argument has been strongly countered by advocates of physician-assisted suicide, who have stated that God is not so aloof that he allows people to suffer immense pain. Instead, they have argued that God has given human beings the knowledge and the ability to get rid of pain, and that among the means that God has provided is that of physicians assisting their patients to receive a

The Gift of Magi Essay Example for Free

The Gift of Magi Essay Characteristics of Jim and Della Dillingham Della Dillingham young beautiful poor courage’s loving Della is James Dillingham’s wife in story. She is a young beautiful woman with beautiful long knee length hairs. She loves her husband most and always try’s to keep him happy, whenever her husband ‘jim’ came home she hugs him gently. When the story opens Della is counting money that she has saved to buy her husband a Christmas present and she starts crying after realizing how little she has to buy a good Christmas present for her husband. They were poor, after saving for whole month she could only save $ 1.87. They only possess two worthy things one is Della’s hair and other is Jim’s watch which is given to him by his father. After thinking for a while Della makes decision to cut and sell her hairs for money to buy a good Christmas present for her husband. This shows the courage’s nature of Della. She cuts of her hair and get $20 for them. With the money from her hair she buys a beautiful platinum watch chain for her husband. Later when jim came back home and sees della in short hairs he got stunned by her appearance, della then reminds him that her hairs will grow quickly again and she wants him happy,for it is Christmas eve, and she cut and sold her hairs because she could not face Christmas without a gift for him.This incidence of story shows her unconditional and unselfish love for her husband. James Dillingham Young Hard working serious poor loving Della’s husband Jim is a thin, serious young man, 22 years old. The author of the story has described Jim to the readers by comparing him with the platinum watch chain : was like him â€Å"quietness and value – the description applies to both† Jim is a hard working man , he never returns home before 7 o’clock .and is reliable also â€Å"jim was never late†. Jim’s most prized possession is the gold watch that has been handed over to him by his father and to his father from his grandfather. But jim clearly values his wife more than his watch because he sells it in order to buy a set of beautiful combs for her beautiful long hairs as a present for Christmas. This shows how much he loves his wife.

Universal declaration of human rights

Universal declaration of human rights INTRODUCTION Universal Declaration of Human Rights(UDHR) was adopted on 10th of December 1948 by General Assembly resolution 217(III).it includes civil and political rights, economic, social, Cultural and group rights. There are quests to transform the declaration to legally binding documents, United Nations eventually adopted the two covenants, that is International covenant on civil and political rights (ICCPR) and International covenant on economic, social and cultural rights (ICESCR) in two separate instruments. The reason for the separate covenants was clearer in different arguments by scholars. In the course of two streams of arguments on whether economic and social rights received United States and western allies support or not was highly polarised that US and Western allies advocated for two separate documents while the desire for single document for both economic and political rights were from USSR and developing counties and when there was need for agreement on both sides during the cold war, US therefore advocated for ‘signature of two separate covenants to allay many fear that division of the Covenant might prioritize civil and political rights over econ omic, social and cultural rights.It indicates that many countries were against proliferation of the covenants while US and allies supported the separation because a single document was then against its capitalist policy, federalism and US stakeholders support, the motion was moved by USA and its interest hold sway, the covenants were proliferated. As a result, human rights were classified into three sub division; the ‘first generation rights known as civil and political rights while the ‘second generation rights are economic, social and cultural rights and ‘group rights as ‘third generation rights.But USA till now has not incorporated the covenants in its national law. ICCPR and ICESCR will be adumbrated by juxtaposing them with other bill of rights. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) The preamble of the covenant which was adopted in 1966 but ratified and came into force in 1976 acknowledged that the state parties to the covenants consider principles in the charter of the UN and recognized the civil and political rights in Universal Declaration of Human Rights(UDHR) and duties of individual to other individuals and community.it can be said that this covenant has its foundation in Universal Declaration of Human Rights and UN charter .Currently, there are 165 state parties and 72 signatories to the ICCPR , 113   states are also parties to the First Optional Protocol to the ICCPR..The Second Optional Protocol on abolition of death penalty was adopted for ratification in 1989 and came into force in 1991 with 71 state parties. The Covenant can be divided into a preamble and six parts, Part I -III (Articles 1 to 28) constitutes civil and political rights comparable to European and American conventions on Human Rights and African Charter on Human and Peoples rights and majority of these are ‘negative rights and briefly they are, the right to self determination,the right to life ,freedom from torture ,degrading treatment freedom from slavery and slave trade ,right to liberty and security,the right of detained persons,freedom from imprisonment from debt, freedom of movement and choice of residence,freedom of aliens from arbitrary expulsion ,right to fair trial ,Prohibition against retroactivity of criminal law ,right to recognition everywhere as a person before the law ,right to privacy, right of freedom of thought, conscience and religion, right of opinion and expression ,prohibition of propaganda for war and of incitement to national, racial or religious hatred ,right to peaceful assembly, freedom of association ,right to marry and found a family,rights of the child, political rights,equality before the law,right of person belonging to the minorities.Part IV to VI(Articles 28 to 53) contains monitoring provisions, interpretation and final c lauses. The First optional protocol has 14 articles with nexus to procedures on individual complaints while second optional protocol basically amended the right to life in article 6 of ICCPR. A cursory look at the rights shows they were copied from UDHR in order to develop it from ‘soft law to ‘hard law even the ones without nexus to it could be traced to other regional human rights, for emphasis, civil and political rights are in UDHR articles 2 to 21 while Articles 22 to 27 contains economic, social and cultural rights .ICCPR unlike Article 17 UDHR and ECHR first protocol did not however cover ‘protection to the right to property, it also did not contain rights to nationality and asylum. UDHR is normative declaration and statement of guidance in observance of human rights universally while ICCPR and ICESCR are legally binding instrument on the basis of the principle of pacta ,sunt servanda .it confers obligation on the parties because it arises from treaty. The advantage of UDHR is that all human rights and covenants relied on it and copied copiously from it, for example civil and political rights copied from, articles 3,4,5,6,9,10 etc; economic and so cial rights also copied from articles 22,23,24,25,26,and 27,importantly, ICCPR is the most comprehensive and well established UN treaty on civil and political rights.ICCPR and UDHR both share similarity by setting universal standard with the use of word ‘everyone ‘no one ‘all people, ‘all human beings. ICCPR nature as a ‘general and universal human rights treaty, most of its rights apply to every human being. Article 2(1) of ICCPR disallow any discrimination in the application of the rights, however, some of the rights are applicable only to certain categories of people like Article 6(5) restriction on death penalty is applicable only to pregnant woman and under 18 years of age. Article 27 is applicable only to ethnic, religious and linguistic minorities. Article 12 on freedom of movement is applicable to lawful residents and not illegal immigrant. Article 25 on political rights is exclusive to citizens; Article 13 on lawful redress against expression is for alien. Article 24 is for children. Political rights in article 25 ar e not for alien but for citizens. The benefit of Article 14(2) and (3) is for those charged with criminal offences. A keen observation shows that some rights are more detailed in the covenant while some are in general terms, for example Article 6,9,10, and 14(restriction) are detailed while   others are generally mentioned. Other treaties however provided detailed provisions of the generally termed rights in ICCPR, for example, UN Conventions on Discrimination against Women, the Convention on the Right of the Child, Convention against Genocide, Torture, Racial Discrimination and Declaration on Elimination of Belief or Religious Intolerance. Convention on the Rights of Person with Disabilities, International Convention for the Protection of all Persons from Enforced Disappearance.All these have generated civil and political rights into details. Most importantly however, Section 40(4) enables Human Rights Committees to comment while transmitting its report and by this explain the meaning of the rights under the covenant. Importantly, Article 2(1) talked about ‘positive character of civil and political rights ‘it means, as in the case of economic, social and cultural rights, that states parties must take positive steps to give effect to the covenant rights and to enable individuals to enjoy their rights.Some covenants on human rights are not without enforcement mechanism which is common in report system; whereby state parties submit report on the implementation of the rights in the covenant.Human Right Committee (HRC) has the monitoring task ascribed to it by article 28 of ICCPR to ensure compliance of state parties to their obligations and examine state reports in accordance to Article 40.It has inter-state and individual complaints procedure and this the committee has developed ‘far beyond the narrow limit of their legal framework due to its independent membership. The committee however lack power of forceful enforcement but only has persuasive enforcement power in term of submission of reports per time by state parties since they have obligation under Art icle 2(1) to respect and observe the covenanted rights. ICCPR substantive rights can be analysed further and in relation to incorporation of same in states national laws, many state parties had incorporated ICCPR in their national law and allow its invocation in national courts save countries like Australia, Canada, UK , USA and few othershowever, that does not mean ICCPR is not binding on these countries. Right to life in Article 6 is about ‘arbitrary deprivation of life and not about ‘absolute prohibition of taking life.In Guerreno V Columbia, where national law authorized killing by police on national interest. HRC found that national legislation could not justify Columbian police action of taking life ‘arbitrarily. In regards to the Socio Economic aspects of Article 6, right to life must not be seen in narrow perspective, right to life can also be deprived by hunger, diseases, malnutrition and epidemics .HRC confirmed that article 6 has an aspects of socio economic rights and many people died of these than being kill ed, it is submitted that death can be a result of absence of implementation of social and economic interest in ICESR. It is encouraging that HRC has addressed ‘socio-economic aspects of Article 6 which optional protocol lack ‘mechanism for its redress. HRC cited war, armed conflict and abortion of foetus as threat to life. Article 7 disallows torture, inhuman and degrading treatment ,and complemented by Article 10 which disallow a lesser treatment than that disallowed in Article 7.The article was expanded in scope by UN Convention Against Torture(CAT)1984.The act must be ‘malevolent and required   public official as perpetrator of it by consent as CAT committee agreed with the author in Dzemajl et al V Yugoslavia as well as HRC in Francis V Jamaica.It is submitted that torture can be a result of social and economic deprivation like lack of   housing facilities and gainful employment can cause people to sleep on the floor under the bridge which constitute tortur e. Also, solitary imprisonments without medical attention constitute torture. Few of the  Ã‚   rights discussed though constitute civil and political rights, nevertheless has economic and social interest and this is applicable to almost all civil and political rights, therefore, concern must also be given to economic   and social rights as well. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS The covenant was adopted alongside ICCPR to develop UDHR rights, it contains ‘second generation rights. it was opened for signature in 1966.it came into force in 1976 with 155 States as parties as at January 2007.During the cold war, western countries showed preference for political and civil rights while socialist states became sponsors of economic, Social and cultural rights.ICESR covenant with new optional protocol has preamble that is similar to ICCPR that is, ‘founded on the inherent dignity of the human person. it also has five parts, Part I of the covenant is solely on Article 1,which on right of all people to self determination with free right to pursue economic, social and cultural development and right to deal freely with their natural resources and wealth. Part II of the covenant in Article 2 to 5 states obligations and clauses that are applicable to Part III generally. Part III constitutes substantive provisions, what Cravens called ‘the heart of the covenant includes, the right to work,the right of fair condition of employment, the right to join and form trade unions, the right to social securities, the right to protection of family right to adequate standard of living, the right to health, right to education, and the right to culture and enjoyment of scientific progress .Part IV is about system of supervision by submission of periodic report to UN ,the reports which will be scrutinized by economic and social council of the UN (ECOSOC).The   part also contain ‘saving clause with intention of ensuring   developed states did not interfere excessively by means of the supervisory system in the utilization of natural resources within developing countries.Part V is on ratification ,process of amendment ,its application to federal ,states ‘without   any limitations or exceptionsand its entry into forceSome of the article of the covenant are recognised in other international convention like Convention on the Rights of Child(1989),Convention on the Elimination of all Forms of Racial Discrimination(1965) e.t.c. The supervision of the covenant by virtues of Articles 16 and 17 is by Economic and Social Council (ECOSOC), one of the UN organs, states send their report to the Secretary General of UN, who will in turn transmit the report to ECOSOC for consideration. ECOSOC in 1985 created a new body to assist in report consideration, the body is the Committee on Economic, Social and Cultural Rights, now the main supervisory body. ICCPR, ICESCR AND PROTECTION Preamble of both covenants indicates they are both Civil and Political rights as well as economic, social and cultural rights. The two covenants are like a coin with two sides. The 1993 Vienna declaration of programme of action recognised the ‘interdependence and interrelationship of both covenants. Both covenants contribute to the erga omnes principle and care must be taken trying to classify rights into ‘superior or ‘inferior, in hierarchical terms so as not to affect the credibility of human rights.Both covenant codified in treaty form the rights in UDHR. Parties can not terminates both covenants once ratified, it is an obligation that can not be denounced because they have no temporary nature.Both covenants believe in ‘collective right to self determination, the right allows ‘all people to freely determine their political status and freely pursue their economic, social and cultural developmentand both instruments are legally binding and they are treaties that must be respected. Both instruments copied copiously from UDHR and both rights are product of cold war era between USSR and its allies and USA and its allies. Universa l language and terms are in the two covenants, UDHR shows the interdependency of the covenants before they were separated and made binding treaties. The compactness and interdependency still reflects in their articles, for example, rights to form Trade Union in ICESCR is recognised as freedom of association by ICCPR, Article 13 of ICESCR deal with education and liberty of parents to choose school for their children can be seen in Article 18 of ICCPR right of parents to choose religion and moral education of their child; Article 2 and 26 deal with prohibition of same discriminations and both recognise family They are interrelated to the extent that one will be miserable without the other covenant. The difference between the two covenants can first be seen in both covenants Artcle2 (1) of ICCPR is assertive while Article 2(1)   of ICESCR is passive .ICESCR is subject to the ‘maximum of its available resources and ‘with a view to achieving progressively while ICCPR put it that state parties ‘undertakes to respect and ensure compliance. The language in ICESR has been criticised ‘for devoid of meaningful content and only impose ‘programmatic obligations upon government. ‘The tenor of the economic covenant is promotional rather than mandatory, the covenant is designed to promote economic and social welfare, not to hinder it by placing states under obligations, that prevent widespread economic and social reformThe   enforcement machinery of ICESC is not as strong as that of ICCPR, State party under ICESC is to submit report every five years to the committee on economic, social and cultural rights(CESCR)with the aim of achieving same purpose as human right committee of ICCPR but of which the outcome of CESCR has been more ‘political than ‘legal exercisesUnlike ICCPR,ICESCR has no right of individual petition because the intention of ICESCR is not to interfere with ‘State Control over citizen and non citizen at the same pedigree as ICCPR.HRC according to article 40 of ICCPR, is the only mandatory monitoring procedure that the covenant established, it received report at the first year of its entry into force and subsequently in accordance to committee requests. Their report is publicly examined, the inter state procedure is not better than mediation and conciliation procedure and committee can only express its view on this basis which may not be accepted by state party, and Parties to First Optional Protocol had submitted themselves to the jurisdiction of Human Rights Committee, in ‘practice, a total of 844 individual communication relating to 59 states have so far been dealt with by the committee of which 248 were declared inadmissible and 308 were decided on their merits by so called final views under Article 5(4)of the optional protocol. ‘Decisions are neither legally binding nor politically enforceable and by implication, compliance are left at the mercy of relevant state organs for adoption of the committees recommendations which based its decisions on written submission of parties before it. SHOULD HUMAN RIGHTS BE PRIMARILY CIVIL AND POLITICAL ALONE? The two rights are sacrosanct to balanced protection of human rights since the two Covenants are interrelated; therefore one must not be neglected at the expense of the other. The juxtaposition of both covenants above shows that they are interwoven and interdependent, though this has been criticised as a compromise after the failure to equate ICESR with ICCPR which is not true. it is submitted that the foundation of both covenants made them equal but the cold war separated them and classified them into ‘generations of rights if ICESR had been considered with ICCPR as a single document, it would have been ‘ first generation rights as well, after all UDHR never desire the instrumental divorce. It has been argued at one extreme that economic and social rights are superior to civil and political in hierarchical standard of value, the argument well founded, for example, what essence is the political rights to an illiterate who doesnt know his right?   Economic and social right can correct this. Again, what essence is freedom of speech and expression to an hungry man? Economic and Social rights like right to work and right to food or standard of living can solve this. Displaced and homeless will only understand freedom of association as avenue for crime. it is therefore submitted that   total deficiency of social and economic interest will lead to counter productivity of civil and political freedom. if Social and economic   interest are deficient in mass and free civil or political will society, it will eventually hamper the latter. Hunger, Homelessness, economic frustration can cause violence and breach of civil and political rights, the civil and political problems in Rwanda, Somalia and Niger Delta in Nigeria were due to social and economic imbalance that ICESR can address for peace to reign. Economic and Social interest are instrumental to societal peace. Should human rights therefore be concerned primarily with protection of civil and political rights? The analysis above answers the question, the two covenants are contiguously related and where they are not, they complement each other. The argument of critics against economic and social interest can be summarised and dismissed as follow. That civil and political right has binding obligation language whereas economic and social right has passive and ‘progressive achievement.One may partially agree with this but law is not static, it has progressive formation of a binding nature, it only allow state party to have assessment of resources   for steady implementation. Another criticism is that to observe civil and political rights, state party has to abstain from doing act against the right s and these are ‘negative rights whereas state party has to intervene to observe economic and social rights and this makes it ‘positive rights. One may rightly say here that some civil and political rights required prompt intervention too like economic and social right. It has been argued that civil and political right are easier to implement because of little resources required while economic and social right required substantial resources for implementation. it is submitted that resources wasted in political right alone is enough to take care of economic and social interest, especially in developing countries, resources wasted on rigged election, bribery and corruption on political reasons and payment of political office holders is enough to fix economic and social interests. it is submitted that political rights in expression through democracy, is the most expensive rights in the world. ICESCR was criticised further that it lacked enforcement mechanism and that the co ntent of the right is not as authoritative as ICCPR. Argument premised on ICCPR Inter state and individual procedures of complaints while that of ICESCR is weak. This problem has received the attention of UN General Assembly when on 18 June 2008, HRC adopted Optional Protocol on Economic, Social and Cultural Rights and   10 December 2008,UN adopted it, the optional protocol in its Article 2 provides for Inter State and Individual Complaint Procedure like ICCPR in economic, and social rights Complaints, Article 1 states that CESR can receive communication on breach of economic, social and cultural rights. The protocol was opened for signature in September 2009; this is a primary focus on economic and social interests. State membership and cooperation with International Organisations are making them to protect and promote indirectly and directly Economic, Social and Cultural rights, organisations   like UNDP, UNICEF and specialised agencies like IMF .ILO,UNESCO and few NGO in coop eration with chapter IX of UN charter. CONCLUSION The school of thought that believes that the two covenants are interrelated and interconnected is the best. Most Articles in ICCPR has economic and or social interest, Primary concern for civil and political rights only will collapse the rights itself. ICESCR is no longer weak in its enforcement with September 2009 open signature of its Optional Protocol. Giving primary attention to civil and political rights as opposed to economic interest is no longer in compliance with new World economic order, if States can fund political rights via democracy, they must be able to fund economic and social interest, many government of State parties that neglects economic and social interest do fail woefully in civil and political mandates, why? Because economic and political interest falls within primary values encompassing children and family interest and unit of family makes a state .it is high time States began to honour the covenant they entered into 33 years ago   (1976) with intention to b e bound   on pacta sunt servanda principle. The era of its gradual development is gone with 2009.Absence of war or conflict is not an assurance of peace and security but sincere determination in solving economic and social obstacles. Political and civil rights will only exist at the assurance of economic and social interest.

Romanticism and Realism in War Stories :: Romantic Period Essays

Romanticism and Realism in War Stories Tom Brokaw called the people who lived through World War II (WWII) â€Å"The Greatest Generation†, where he shares many heroic war stories in The Greatest Generation. The classic character displayed in the book was a decorated war veteran who returned to the United States (US) and developed a prosperous lifestyle. The WWII veterans came to symbolize strength, honor, unity, justice, success, and noble sacrifice. This image was portrayed through literature and film. Books and movies created an image of the WWII veterans which the US would idolize. Popular culture gave the war a romantic appeal. People fell in love with the idea that the US was liberating Europe from the Nazi Hun and the evil Japanese Empire. After the war, men came back to marry their sweethearts and had several children who were called the Baby Boomers. This romanticism continued through television shows like Leave it to Beaver and literary titles similar to Dick and Jane, which dominated popular culture . Though popular culture defined the perfect life, the lifestyle was not typical for the average American. The Baby Boomers were called into the Vietnam War and expected to follow in their father’s heroic footsteps; but unlike their father’s generation they failed to live up to the expectations. The Baby Boomers rebelled against the state and popular culture, developing flower power, free love, and equality. The Vietnam War conflicted with many of the generation’s values, resulting in internal conflict with many of the nation’s youth. Some men joined the military to fight, while other dodged the draft, creating conflict within a generation. Overall, the Baby Boomer generation symbolized individuality, dishonor, injustice, failure, and wasteful sacrifice. Unlike the WWII era, the Vietnam War brought realism into literature and film. There were no heroic movies of men fighting in Vietnam. Men could no longer shoot fifty enemy combatants on top of a tank without being hurt. Instead, popular culture brought a realistic view of war, death, pain, and destruction. Author Tim O’Brien, like many war veterans, struggled with his Vietnam experience and expressed them through writing. Tim O’Brien exposed the truth behind war stories because he shows the difference between WWII romanticism and Vietnam realism. The difference between romanticism and realism can be seen through two variations of the same war story.

Eating Disorders and Image Essay -- Anorexia Bulimia Health Weight Los

Eating Disorders and Image As humans on this planet we often think about what others think about our appearance. We often, in this society, look at a person through their characteristics such as: looks, height, clarity of skin, and by how fat or thin one appears to be. In the article, The Diet Zone: A Dangerous Place, by Natascha Pocek, she states the fact that, in this society, we put a lot of emphasis on diets and appearing thin. From when we are children we tend to change our views according to the ways of man, and find ways to stay fit or to lose weight. With this constant loss of weight we tend to get into a hole of wanting to be thinner, and in my opinion that want leads to the attempts of so many girls developing some sort of eating disorder. That fact has struck America hard, and Americans try harder to be what the image of the world is telling them to be. This image is to be thinner and prettier than you could possibly imagine. Dieting is a good thing to a point, but when one crosses the line of going to eating disorders, then dieting is not just a way to lose a few pounds. This way of dieting is a death trap. In Pocek’s discussion, she describes her story about the fad diets that she has tried and how they ended up not working for her. Pocek went through period where she would try a diet and either would not be able to follow through with it or the diet would not work for her. When her diets did not work out she would get really upset and try another diet. This method of dieting is common among most Americans today because commercialization is telling people that they will never be good enough unless they are slim. This is seen through the television and many ads that are placed in magazines. Sinc... ...as you keep it under control, dieting is not a bad thing. Pocek says in paragraph 7 of her essay that â€Å"losing weight lies in the power of our minds, not in the power of chemicals† (Pocek 167). Therefore, we have the power to keep our dieting under control. I am for dieting but when it comes to eating more when it says diet, or eating less to lose those numbers on that scale than the line of dieting has been crossed. Sometimes we are blind to seeing that line though, and cross over it daily because of the way America views people as always needing to be thinner. That image is causing thousands of people to feel they will never be good enough. Work Cited Pocek, Natascha. â€Å"The Diet Zone: A Dangerous Place.† Good Reasons with Contemporary Arguments. Ed. Lester Faigley and Jack Selzer. Needham Heights, Massachusetts: Allyn & Bacon, 2001. 164-167. Eating Disorders and Image Essay -- Anorexia Bulimia Health Weight Los Eating Disorders and Image As humans on this planet we often think about what others think about our appearance. We often, in this society, look at a person through their characteristics such as: looks, height, clarity of skin, and by how fat or thin one appears to be. In the article, The Diet Zone: A Dangerous Place, by Natascha Pocek, she states the fact that, in this society, we put a lot of emphasis on diets and appearing thin. From when we are children we tend to change our views according to the ways of man, and find ways to stay fit or to lose weight. With this constant loss of weight we tend to get into a hole of wanting to be thinner, and in my opinion that want leads to the attempts of so many girls developing some sort of eating disorder. That fact has struck America hard, and Americans try harder to be what the image of the world is telling them to be. This image is to be thinner and prettier than you could possibly imagine. Dieting is a good thing to a point, but when one crosses the line of going to eating disorders, then dieting is not just a way to lose a few pounds. This way of dieting is a death trap. In Pocek’s discussion, she describes her story about the fad diets that she has tried and how they ended up not working for her. Pocek went through period where she would try a diet and either would not be able to follow through with it or the diet would not work for her. When her diets did not work out she would get really upset and try another diet. This method of dieting is common among most Americans today because commercialization is telling people that they will never be good enough unless they are slim. This is seen through the television and many ads that are placed in magazines. Sinc... ...as you keep it under control, dieting is not a bad thing. Pocek says in paragraph 7 of her essay that â€Å"losing weight lies in the power of our minds, not in the power of chemicals† (Pocek 167). Therefore, we have the power to keep our dieting under control. I am for dieting but when it comes to eating more when it says diet, or eating less to lose those numbers on that scale than the line of dieting has been crossed. Sometimes we are blind to seeing that line though, and cross over it daily because of the way America views people as always needing to be thinner. That image is causing thousands of people to feel they will never be good enough. Work Cited Pocek, Natascha. â€Å"The Diet Zone: A Dangerous Place.† Good Reasons with Contemporary Arguments. Ed. Lester Faigley and Jack Selzer. Needham Heights, Massachusetts: Allyn & Bacon, 2001. 164-167.

Data Collection Plan Essay

Abstract Postoperative Pulmonary complications (PPC) such as atelectasis, impaired gas exchange, pneumonia and acute respiratory failure (ARF) are not uncommon in patients undergoing major surgery and are a leading cause of increased patient morbidity, mortality and increased length of hospital stay (Yoder, Sharma, Hollingsworth, Talavera, & Rice, 2013). Healthcare professionals are now expected to give patients verifiably effective treatments by implementing current evidence based practice (EBP). In order to do so, interventions to prevent PPCs must be investigated. The aim of this study was to evaluate the effectiveness of adding incentive spirometry (IS) to traditional postoperative chest physiotherapy (CPT) and respiratory care. Eighty patients between 30 and 50 year old who had undergone surgery participated in the study. Patients were divided into two groups: the intervention group where IS was used in addition to the traditional CPT, and the control group which included only traditiona l CPT. The results obtained in the investigation indicated that there were significant differences between both groups at the end of the study in terms of PPCs and hospital length of stay (LOS). Conclusion: Addition of IS to postoperative care helped in controlling PPCs. Keywords: postoperative pulmonary complication, incentive spirometer, chest physiotherapy, length of Stay Research Question In postsurgical patients, how does using incentive spirometer, compared to not using incentive spirometer, affect incidence of PPCs and hospital LOS? Hypothesis Because the risk for developing PPCs is not well studied specific numbers of occurrences are difficult to predict. However, it was hypothesized that patients who incorporated IS as part of their postoperative care would have a clinically significant decrease in the occurrence of PPCs and hospital LOS compared to those who did not incorporate IS into their postoperative care. Data Collection A quasi-experimental control trial was conducted from February 1, 2014 to May 31, 2014. The lead researcher, Adrienne Hinson, collected the data personally. During the four month study, eighty patients ranging in age from 30 to 50 years old who were undergoing surgery where the abdomen or chest was opened were selected randomly from the General Surgery Department at McLeod Regional Medical Center in Florence, SC. On sampling days, patients meeting the criteria were numbered chronologically based on their surgery time. For eighty consecutive business days, one of the patients was chosen randomly using a random numbers table created on Microsoft Excel. Patients who had recently been diagnosed with or treated for acute pulmonary complications, those who could not be instructed or supervised to assure appropriate use of the IS, and patients whose cooperation or comprehension was lacking were excluded from the study. All appropriate procedures were used to safeguard the rights of study participants. The study was externally reviewed by the hospital’s institutional review board before data collection began. Patients received verbal and written explanations of the study purpose and data collection procedures and after indicating willingness to participate in the study, voluntary informed consent was obtained (See Appendix A). Information included within the informed consent included participant status; participants were told which postoperative activities were routine, and which activities were being evaluated. Participants were informed that the data collected about them would be used for research purposes. The overall goals of the research, to evaluate to addition of IS to postoperative care, was described to patients. Participants were informed about which types of data would be collected, what procedures they would undergo, and how they were selected. The time frame of the commitment was defined as beginning on post-op day one and lasting until their follow up  visit after discharge. Information regarding funding was available to participants. All participants were educated on potential risks and benefits of participation. Finally, patients were assured that their privacy would be protected at all times and that they would be allowed to withdraw from the study at any point during their hospital stay (Polit & Beck, 2012). The patients were deliberately placed into one of two experimental groups. Deliberate placement reduces confounding by ensuring the two groups were comparable when age, sex, smoking history, type of surgery and post-operative analgesia were compared. The control group consisted of 40 patients who underwent routine chest physiotherapy (CPT) postoperatively, as recommended by the Clinical Practice Guidelines set forth by The Agency for Healthcare Research Quality (2011). A physiotherapist supervised and assisted the treatment twice a day in the first two postoperative days and once a day from the third to the tenth days. During any session, the patients performed three to five deep breaths interspersed with periods of quiet breathing followed by two or three coughs or huffs with support from a pillow at least 10 times over a 15 minutes period. Additional techniques such as positioning and chest wall percussion were applied if breathing and coughing exercises alone were not effective in clearing excessive or retained pulmonary secretions. Patients were instructed to perform coughing and deep breathing exercises independently every hour while awake. The treatment group consisted of the remaining 40 patients who also followed the same Clinical Practice Guidelines but also received breathing exercise training with IS (Voldyne Volumetric manufactured by Sherwood Medical Company U.S.A.) In addition to the routine chest physiotherapy up to the tenth postoperative day. Application of breathing training with incentive spirometry was applied for five minutes, five times a day (El-Marakby et al., 2013). Monitoring began immediately postoperatively and continued until discharge. Hospital LOS was documented for each patient, along with whether or not the patient developed a PPC within 10 days of surgery. The researcher rounded on each hospitalized patient daily to ensure compliance and to update discharges and PPC diagnoses. In order to determine LOS, participant observation was used as a tool to collect data. LOS was calculated by subtracting day of admission from day of discharge. Date of admission was the date of surgery for all participants. Date of discharge was determined  by the surgical teams, who were blinded to the study and therefore measures are not likely to be influenced by reactivity (Polit & Beck, 2012). PPCs were defined as any pulmonary abnormality that produced identifiable disease or dysfunction, was clinically significant, and adversely affected the postoperative clinical course (Hayden, Mayer, & Stoller, 1995). Patients were monitored daily for 10 days for the diagnosis of a PPC. Given this definition, PPCs documented included atelectasis, pneumonia, acute respiratory failure, and exacerbation of COPD. Along with physical assessment and past history, biophysiological measures were used as data collection tools to aid in the diagnosis of PPCs (See Appendix C). Equipment and lab analysis were readily available and tests for biophysiological measures were completed by the appropriate staff at McLeod Regional Medical Center. Ordering tests and the interpretation of results was fulfilled solely by the healthcare providers as deemed necessary. The researchers were not responsible for diagnosing PPCs, but rather the observation and recording of data. Biophysiological measures for diagnosing acute respiratory failure include a low level of oxygen; a pulse oximetry falling below 80% saturation on room air or when arterial blood gas shows PaO2.