Wednesday, October 30, 2019
Air Travelers Profiling Essay Example | Topics and Well Written Essays - 750 words
Air Travelers Profiling - Essay Example Profiling systems are a part of the legal structure for security which has become an established part of what airport security and counter terrorism today has created for us. The Patriot Act and the Real ID act are just two examples of how civil liberties have become less important than the idea of securing a nation from its own citizens. Another negative aspect of the law is the ability of law enforcers to detain individuals without presenting them arrest warrants or allowing them to seek legal advice without granting them security clearance. Halperin (2003) reports exactly such an incident when he was held at gunpoint in a restaurant while federal officers checked for his legal status in the United States (even though he was an American citizen) and quizzed him about his out of state driving license.The law appears to have served its purpose in reducing attacks on American soil and American citizens. If simple safety is a measure of how successful the laws have been then there can be little argument that the laws have been largely successful in keeping us safe even though from the articles described by Hudson, it does not appear that Americans feel any safer. It must be remembered that the American governmental and administrative system is founded on the basis of checks and balances which control how much power the government can actually have.If the profiling rules are seen by enough people as being too harsh, or they are seen as being against the Constitution itself, I believe that we can trust the judicial system.
Monday, October 28, 2019
Communist Insurgency In The Philippines History Essay
Communist Insurgency In The Philippines History Essay The idea of Communism has come a long way, since its early Marxist conception. In its very sense, Communism is concerned with the abolishment of the ruling class and the right to private property. Basically, it connotes social justice to everyone residing in a given territory. Social justice in this sense would mean that every constituent, regardless of the social strata to which they belong, would be treated with equal importance in terms of human rights and property and be given access to the resources that the state should provide to its people. Communism in the Philippines is basically synonymous to the ideals and principles that classic Marxists uphold. The inequality between the ruling and working class paved the way for communism in the country to develop. Throughout the previous decades, advocators of the ideology (particularly the CPP-NPA-NDF) proliferated all over the island and have continued to uphold the belief that everyone inhabiting this country should be given equal opportunity to access resources that the country owns. They have continued their struggle of fighting the bureaucrat-capitalism, feudalism, imperialism, corruption, and other forms of social injustice that continue to haunt the country from the Pre-World War II era until the present time. The Communist Party of the Philippines (CPP) indeed, made significant impacts in Philippine society. Although declared illegal by the government, the forces of the CPP nevertheless manifested itself in various parts of the archipelago. They have managed to resist the military forces which constantly work for their downfall over the years. Why is this so? Why, in spite of the downfall of Soviet Union, communism in China, and many other socialist countries, the CPP managed to endure as a political organization? To answer these questions, this paper intends to enumerate the several factors that contributed to the emergence and persistence of communist insurgency in the country. From the original communist party, which is the PKP, this paper will discuss how it was re-established along with the internal and external crises that contributed to the present state of the movement. Furthermore, a brief discussion of the partys strategy of a protracted peoples war, as well as the different counter-insurgency programs implemented by the government to combat the rebels will be presented. A thorough report of the facts behind the pervasive endurance of the Communist insurgents here in the Philippines will be explicated. Hence, this paper is timely as it could contribute to the shaping of public awareness and opinion regarding on a very substantial issue in the country. The long-time struggle of the working class to achieve a society that will cater equality and justice among people who belong to various socio-economic strata has resulted to the formation of revolutionary movements (Dela Cruz, 2006). Even before the Philippines managed to achieve its independence from foreign colonizers, communist insurgency has started. According to Cusi (1996), the Communist insurgency in the Philippines had its early beginnings when a number of supporters of Tan Malaca, an Indonesian Communist leader, started to recruit and organize members during the early 20s. The recruited members, most of them labourers, were then formally set up on August 26, 1930 as the Partido Komunista ng Pilipinas (PKP, Philippine Communist Party) at the Templo del Trabajo which was then the most important place of gathering for the labor elements of the city during the early 30s. With its original 60 members, it was then officially proclaimed as the Communist Party of the Philippines (C PP) by Crisanto Evangelista on November 7, 1930 at the Plaza Moriones, Tondo which is known to be the center of the working-class district of Manila (Saulo, 1990). The establishment of the PKP as a genuine party of the working-class has aimed to uphold the unfinished revolution of Andres Bonifacio, the Great Plebeian. Though Bonifacios struggle is more of the anti-colonial type of revolution, his example was seen by the PKP as the Proletarian hero for them to advocate their struggle of class equality through armed revolution. According to Jose Lava, former general secretary of the party, the PKP will serve as the workers instrument of upholding their rights against the exploitative tendencies of the bourgeoisie. Through the movement, it will be easier for the working class to make their sentiments known aside from the fact that they comprise the class with the highest percentage in the society. It is but proper to create a group that will promote the welfare of the class that sustains the other members of the society (Saulo, 1990). During the 26th day of December 1968 however, a group of disgruntled young members of the PKP led by Jose Maria Sison re-established a Marxism-Leninism-Maoist leaning CPP in a small barrio somewhere in Pangasinan. Sison, who was then a student of the University of the Philippines, criticized the leadership of the Lava brothers whom he blamed when the Huks were defeated during the 1950s. He was expelled from the PKP then took the leadership of re-establishing the Communist Party of the Philippines together with 90 other cadres (Gutierrez, 2001). On the other hand, some Red fighters and Commanders of the dwindling peoples liberation army along the countryside of Central Luzon also loss confidence with the way their leaders are acting. Due to greediness and corruption, the army became inhumane and anti-people. Bernabe Bucayno (Commander Dante), together with his group of peasant guerrillas, then decided to go to Manila to seek for the group of Sison who was then beginning to strengthen the re-established CPP. Together with this group of young students and professionals, Commander Dante founded and became the Commander-in-chief of the New Peoples Army (NPA) which became the armed wing of the Communist Party. The decision of coming up with a new military group transpired from the need of an armed force that will pursue the proletariat war in the Philippines (Cusi, 1996). On April 24, 1973, the CPP-NPA established its legal front the National Democratic Front (NDF). NDF is an alliance of 15 underground democratic mass organizations led by the CPP that aims to wage a national democratic revolution that will uphold the goal of achieving a socialist state. The establishment of the NDF, along with its 10 point program, is a manifestation of the CPPs formal declaration of war against the Philippine government. Its connections with the different sectors of society including the religious, teachers (ACT), farmers (KMP), students (LFS), and the labor sector (KMU) helped the CPP a lot on its goal of expanding its influence and power primarily through winning the hearts and minds of the masses (Ferrer Raquiza, 1993; Cusi, 1996). Meanwhile, Sison was capture by the military in 1977 a year after Commander Dante was captured in 1976. However, the capture of the two leaders did not encumber the continuous growth of the CPP-NPA. Its strength grew exponentially throughout the years and reached its peak in 1987 with 25, 200 members and 15, 500 firearms (Adriatico, 2000). Up until the present time, the party continues to grow and manages to endure the numerous counterinsurgency programs implemented by the different administrations from Marcos until Arroyo. In further analyzing the persistence of the CPP-NPA and the implications that it may bring to the Philippine society, it is necessary to outline the different crises that lead to the restructuring of the original communist party as well as the effects of the faction groups that occurred within the party. These factors being mentioned are vital in this study for they have contributed to the overall objectives and present structure of the movement as well. The internal crises are indeed significant to the continued existence of the insurgents for it helped the members of the movement learn from previous mistakes as well as in determining their goal of accomplishing a protracted peoples war. The main problems that occurred and that caused great division among the members of the party might be traced back to its founding roots. In 1968, a document was published by the Congress of Re-establishment of the Communist Party of the Philippines wherein the main errors and weaknesses of the Party were enumerated. In this document entitled Rectify Errors and Rebuild the Party, the four drawbacks of the Party, namely: 1) ideological weaknesses; 2) political errors; 3) military errors; and 4) organizational errors, were enumerated and discussed thoroughly how it affected the insurgents struggle. Subjectivism on the previous leaders ideologies has caused a great trouble on the original communist partys goals and objectives. Because most of the leaders and members came from affluent clans, they carried with them their primary bourgeois ideas. The partys leaders relied on the subjectivist and opportunist idea of competing or cooperating with the bourgeois parties and groups in the city as a means of achieving socialism. The party became incorrectly city-based and city-oriented that they have neglected the revolutionary initiative and force of the peasants located along the countryside. Furthermore Sison, as cited by Dela Cruz, said that the failure of the original party to come up with a definite strategy that will serve a revolutionary and thoroughgoing proletarian world outlook has lead to the partys paralyzation once the US Imperialists and running dogs came into the Philippine picture (Dela Cruz, 2006 ; CPP 1968). Aside from subjectivism in ideology, political errors that have been committed also affected the insurgents progression. Political errors, in this sense, refer to the right opportunism and left opportunism that the party leaders have committed. Instead of pursuing their aspiration to abolish differences in social strata, the party leaders became opportunistic in the sense that they pushed for subordination of the working-class movement to their enemies by surrendering to them totally through peaceful agreements and compromise. Moreover, rejecting the idea of a socialist revolution and bringing up the concept of class cooperation was advocated by the leaders. This lead to further discrepancies on what does the communist party really advocate. The Party suffered from political disasters because it maintained its urban, parliamentary, and open character and failed to arouse and mobilize the peasants in the rural areas to coordinate with them as a main force for the revolution. Emanating from the subjectivist world outlook, the leaders of the party became consumed with the idea of being regarded as Left opportunists by the bourgeoisie and failed to enact their illegal activities simultaneously with the legal ones. Furthermore, the party leaders became corrupt and greedy resulting to the loss of confidence of other members and also the masses as well (Weekley, 2001). Another flaw that caused the downfall of the first communist party is military error. The party leaders failed to assimilate an armed struggle, agrarian revolution, and rural base-building in the countryside, of which according to Maoist thought are the three crucial and indispensable components in waging a peoples war (Mercado, 1989; CPP, 1968). According to Adriatico (2000), the absence of an armed struggle alone has a big impact on their failure because arms, supposedly, will serve as their main weapon towards a democratic revolution. Their failure to established one crippled the movement when US Imperialists and Japanese troops colonized the land. One more lapse that the party has suffered is the weakness of its organization. According to Sison, the main [organizational] disability of the Communist Party of the Philippines has been its failure to build up an organization that has a broad mass character and that is national in scale. This means that the party was not able to expand thoroughly in number. They were not able to recruit members all over the archipelago that could have helped them in the planned revolutionary war. The party did not able to mobilize other groups belonging to the working class which could have added a significant number to their force (CPP, 1968). The four main errors and weaknesses that led to the re-establishment of the first communist party in the Philippines have been briefly discussed above. These drawbacks have served as lessons to the members of the reformed communist party the CPP-NPA. However, the CPP-NPA is still facing a lot of crises within the boundaries of its sphere. Throughout the years of their existence, there still exist a number of difficulties that challenged their persistence as a party that will uphold the welfare of the working-class and peasants. In an interview with Professor Benjamin Mangubat, a History professor of the University of the Philippines Manila, he said that the CPP-NPA-NDF insurgents have experienced factions within the movement some time during 1990s. The two main groups include the Re-affirmists and the Rejectionists. The Reaffirmists, from the term itself, affirm the basic principles of Maoism-Leninism-Marxism thought of an armed struggle in order to achieve the main goal of a classless the society. The group asserts the need of coercive power towards the strategy of a protracted peoples war.. On the other hand, the Rejectionists are the ones who abandon the need for an armed struggle. They also reject Sisons view of the Philippine society as a semi-feudal and semi-colonial country. Furthermore, they have also retracted Maos thesis of anti-revisionism as well as the idea of a peoples democratic leadership. For this group, achieving a socialist-communism like that in the Soviet Union is not possible. They have given up on the idea of democratic revolution but instead focused themselves in improving the elite democracy that the Philippine society has been experiencing for the past and present regimes. Elite democracy, like that in the Philippines is not a true democracy. It is a democracy in the most superficial level because it is the rule of very few powerful and affluent political clans, more like aristocracy as such. Essentially, the Rejectionists goal is to change the power relations prevailing in the society through counter-hegemony by the means of ideological state ap paratuses. These include educational discussions, basic mass integrations and organic intellectuals who stay in rural areas to teach the masses regarding the current situation of Philippine society. Like the Reaffirmists, the Rejectionists also want change in the Philippine society. But as to what that change is, and how it would be attained, there remains not only the question, but a divide. The number of internal crises that transpired within the old and new communist party has been concisely discussed above. These problems have indeed affected the insurgents organization as well as their dynamism as a group. The fragmentation of the movement into two factions with contrasting beliefs has brought out the ideological discrepancies and weaknesses among the members which in turn crippled the overall undertakings of the party as well as the weakening of their political hold in the Philippines. However, some notable positive consequences arouse from the split. Dr. Nathan Gilbert Quimpo, former head of NDF and a Rejectionist himself, enumerated several benefits of this split. In an interview conducted by Emere Distor of the online publication Kasama, Quimpo said that the most positive consequence has been the emergence of a more pluralist Left and thereà ´s no more hegemony on the part of the Communist Party of the Philippines-National Democratic Front-New Peopleà ´s Army (CPP-NDF-NPA). We have a Left which is now more plural. This pluralism had produced many other small groups that are relatively stronger and influential in certain sectors compared to the monopolized Left by the CPP before. The groups Bukluran ng Manggagawang Pilipino (BMP) and the Alliance of Progressive Labor (APL) of the labour sector for example, has contested the Kilusang Mayo Uno (KMU). Moreover, the Kilusang Magbubukid ng Pilipinas (KMP), a peasant group aligned with the CPP, is also challenged by other bigger peasant organizations. With these situations of the different sectors of the working-class, the pluralized Left could act in a strategically specific manner of upholding their privileges as marginalized sectors thereby creating greater possibilities of being heard by the government. Aside from the pluralism of the Left, the disintegration of the Communist Party became the key for them to rectify, look back and learn from their previous errors in order to build a stronger party that will cater to the goal of every member. At this point, the different events that happened within the internal affairs of the CPP-NPA have been discussed thoroughly by the researcher. The crises and struggles that contributed to the re-establishment of the communist party as well as the fragmentation and clash of ideologies along with its adverse and favourable consequences have been briefly explicated. Now, this paper will address the external factors that contributed to the persistence of the communist insurgents in the Philippines. According to Dela Cruz (2006), there are three main factors that contributed to the persistence of the communist insurgents in the country. These three include the political, economic and social factors directly or indirectly observed in the Philippine society. From the CPPs perspective, these three factors are seen as the root cause of the widespread exploitation of the working class. Jose Maria Sisons view of the Philippine society as semi-colonial and semi-feudal depicted his purpose of leading the working class towards a struggle that will benefit the majority of people being exploited by the upper-middle class. The political factors, basically, refer to the unequal distribution of power in the country. The existence of an abusive ruling class, who only comprise a very minimal percentage of the countrys population, has paved the way for severe oppression of the working class. These political factors composed of semi-colonialism, imperialism and bureaucrat capitalism. Semi-colonialism and imperialism refers to the indirect control of the United States to Philippine affairs. Though nominally declared as independent on the 4th of July 1946, the shadow of the US imperialists have still remained within the structures of the country haunting every powerless Filipino. Even if these foreign entities do not exist physically in the land, their power is implicitly felt by the workers and peasants through the traditional politicians, elites and the comprador big bourgeoisies (Rocamora, 1994). Bureaucrat capitalism on the other hand is the use of public office as an instrument of acquiring private assets and land. The concept mirrors those traditional politicians who make use of their position for business opportunities in order for them to increase personal profit and capital. Basically, it is a form of graft and corruption in the sense that these politicians use public funds, which is supposedly for public services, for their own self-interest setting aside the welfare of the poor people who are in need (Dela Cruz, 2006). Aside from the political factors mentioned above, another aspect that contributed to the continued persistence of the CPP-NPA are the economic factors which include semi-feudalism, sham land reforms, unemployment and foreign monopoly capitalism. The concept of semi-feudalism has been defined by Sison as an economic term that refers to an economy whose internal forces of production are mainly and essentially agrarian and pre-industrial, and whose relations of production are dominated by the combination of the comprador big bourgeoisie in the cities and the landlord class in the countryside (Dela Cruz, 2006). This condition of the Philippine society has made the life of the Filipino masses, particularly the peasant workers who till hectares of land in exchange of a very low wage, a miserable one. The landlords and business elites become richer while the peasant farmers stay poor without even experiencing a secured and stable life. In connection to this are sham land reforms which are p retentious modification of existing land laws. These land reforms are formulated to deceive the farmers but in reality, these will just give more benefit to the landed elites once implemented. Furthermore, the widespread unemployment and the inability of the government to provide basic social services are also some of the factors that provoked the persistence of the insurgents. In addition, foreign monopoly capitalism, which refers to the dominance of foreign monopolies in capitalist economies, made use of the Philippines as a source of cheap raw materials and as a free market where they can dump all surplus products at a very low price. Another factor that should be considered in answering the question why do the communist insurgents continue to persist is the social factors. In this aspect, the existence of social inequality, injustice, poverty and deprivation in the society are being regarded as a critical contributor to the existence of revolutionary movements. Social injustice and inequality refers to the unequal distribution of resources and services, to delayed administration of justice, and greed for power and wealth that lead to violation of human rights. Furthermore, it includes the inefficiency of the government bureaucracy to implement laws that will protect the environment and will cater to the needs of the marginalized and indigenous cultural communities. Moreover, the lack of respect and recognition to ancestral domains as well as to indigenous cultural and political systems are also included here (Cusi, 1996). In a society where tremendous changes and advancement of technology is highly observable and practiced, tremendous exploitation of indigenous beliefs and ethnic practices is highly probable to occur. Such as in the case of the Philippines, the long-time experience of foreign colonial rule has been a big influence to our adherence to a Westernized type of culture leading us in patterning our own system of rules and beliefs to theirs. This in turn has caused the downfall of our native practices and the exploitation of indigenous peoples rights by the elites who are Filipinos themselves. Many rural places have been neglected by the national and local governments. Many people suffer from deprivation of basic services such as education and health. With these reasons, many Filipinos living in the countryside cannot surface themselves from the deepening roots of poverty for they do not have any alternative and choice. With the number of factors being mentioned above, the emergence and continued existence of the CPP-NPA insurgents is likely to occur. What other means is possible in order for the working class to be heard by this unjust society? For the party, no other way is effective enough but to form a revolutionary movement. The dream of the insurgents to achieve a classless society where people are equal, where people are given respect and dignity, where there is no foreign intervention, where people are able to achieve their highest possible esteem as a human being, where people are treated with reverence and exploitation is definitely out of the picture has motivated them to continue the struggle that they have been fighting for the past decades. In spite of the numerous crises that the party has been through, they have managed to continue their fight for a democratic revolution. With this, it is but necessary to enumerate and explain the strategies that the CPP-NPA has done throughout the years of their fight for a protracted peoples war. The overall objective of the communist insurgency movement is to overthrow the semi-colonial and semi-feudal system prevailing in the country. Apparently, the primary means seen by the party towards achieving such goal is through a democratic revolution. Sison (1971), as cited by Saulo, followed Mao Tse Tungs idea that a democratic revolution will only be successful through the involvement of three primary organizations namely: 1. a party that will provide the brain and overall leadership (CPP); 2. an army that will serve as the military force during armed encounters (NPA); and 3. a united front that will extend political influence, support and that will mobilize the masses (NDF). Weekley (2001) mentioned the primary strategy of the CPP-NPA-NDF which is composed of two major categories: 1. general strategies pertaining to the protracted war as a whole, and 2. particular or tactical strategies pertaining to individual counter campaigns covering a specific base area. The protracted armed struggle is the primary means of the movement to offset the government force, particularly the military which have the advantage of monopoly over firearm resources. This is done through conducting limited armed conflicts with the government troops in different localities, mostly mountainous area chosen by the insurgents themselves to ensure victory (Cusi. 1996; Kintanar, 1999). According to Weekley (2001), the strategy of a protracted peoples war involves 3 stages namely strategic defensive, strategic stalemate and strategic offensive. The initial strategy in conducting the protracted war starts at the countryside wherein the NPA forces try to establish as many rural bases as possible. They try to encircle the rural areas, where bulk of the peasant farmers and workers reside, so that they would be able to recruit more members that will strengthen their force. This strategy stemmed from the idea that people in remote areas are more vulnerable to radical thoughts and revolutionary ideas since most people living in there are poor and exploited because they can hardly feel the presence of government programs (Hoeksema, 1990). The strategic defensive stage is the critical part of party building, army building, base building and united front organizing. In this stage, the NPA initiates offensive steps by provoking the military troops to an armed encounter for the purpose of accumulating firearms and also to show the population that they have the capability of engaging in a war, to boost self-confidence and build up support perhaps. Also included in this stage is the strategy of conducting militant mass actions in urban centers simultaneously with the initiation of larger scale tactical offensiveness launched in the countryside (Cusi, 1996; Weekley, 2001). The strategic defensive stage basically aims to destabilize the military forces so that the insurgents could easily penetrate and mobilize the masses. On the other hand, the strategic stalemate stage is reached when the NPA forces reach parity with that of the military group. The NPA launch offensive operations in the form of ambush, attacks on AFP installations or captures of town halls. At this point, the NPA aims to match the manpower of the AFP since their attention is subdivided into the different disorders occurring all over the country (Cusi, 1996; Saulo, 1990). Finally, in the strategic offensive stage, the NPA conduct simultaneous military offensive techniques accompanied by general strikes, massive demonstrations, and sabotage activities in major cities while the AFP is on the defensive side trying to protect the towns, cities and major military installations. Aside from the general strategy of conducting a protracted peoples war, another one include those particular or tactical strategies pertaining to individual counter campaigns covering a specific base area. The members that are assigned to different areas carry the responsibility of enticing the people to join the movement. In this technique, cadres (mostly college graduates) educate the people about the prevailing system as well as the social injustices and inequality that are occurring in the country (Cusi, 1996). At this point, the researcher has already presented the different strategies that the CPP-NPA has done to achieve their main objective of a socialist society. The CPP-NPAs side has been thoroughly discussed in the above sections. How they manage to persist and continue their struggle up until the present time has always depended on the type of society that the Philippines adapt. Looking at the other side, the government on the other hand did not remain as mere passive observers of the insurgents existence. Using the AFP as the primary machinery, the government has been trying its best to combat the party through the conduct of counter-insurgency (COIN) measures (Ferrer Raquiza, 1993). The dictatorial regime of Ferdinand Marcos is the first administration to initiate counter-insurgency programs through security and development. Security, in this sense, refers to the efforts of the military to destroy the insurgents through clearing, mopping-up, and ranger-type operations. Because Marcos considered the insurgents as a threat to his regime, he used the iron hand technique in destroying the insurgents spreading forces. Development, on the other hand, refers to the measures implemented by Marcos which primarily addressed the root causes of insurgency. He strengthened the economic and socio-political structure of the society through programs that catered to development. The Republic Act 1700 or commonly known as the Anti-Subversion Law was implemented. Through this law, all communists, even those who are just suspected by the military, were put into prison. The Oplan Katatagan was another program implemented by Marcos that addressed belligerency primarily through gainin g the support of the people against the insurgents. However, the program failed because of military abuses thus paving the way for insurgency to grow extensively (Rocamora, 1994). After the martial rule of Marcos, the new set of AFP under the Aquino administration assessed the previous regimes strategy of combating insurgency. Hence, the Oplan Mamamayan counter-insurgency program was carried out. Under the said program, civilian volunteer organizations, territorial forces consisting of the PNP and paramilitary forces, and the mobile forces of the AFP were combined to form the Three-Tiered Defense System against the CPP-NPA (Cusi, 1996). According to Adriatico (2000), the joined forces of the three would have been effective if not again for the abuses of the AFP. In addition to the Oplan Mamamayan, the National Ceasefire Committee (NCC) was established and several ceasefire agreements between the insurgents and government have been tried to enact but apparently failed due to the instability of the AFP during those times (Ferrer Raquiza, 1993). The Ramos administration went one step farther in achieving peace and stability in the countryside. He debunked Marcos Anti-Subversion Law and released amnesty proclamations to the alleged rebels imprisoned during Marcos regime. The National Unification Commission (NUC) was formed whose task is to investigate all concerned sectors and then recommend probable peace negotiations to the Office of the President (Ferrer Raquiza, 1993). However, Ramos was not able to destroy the forces of the CPP-NPA due to a variety of reasons. The failure of the different regimes to address the problems of insurgency has added to the strength of the CPP-NPA. The insurgency continued to prevail along the remote areas adding more desperation to the AFP. In this light, the AFP came to the point of spreading black propaganda techniques against the party. But still, the CPP-NPA was able to counter those techniques and is still managing to continue their struggle for a socialist society (Dela Cruz, 2006). More than just a threat to national security, the emergence and continued persistence of the said organization could lead to other problems that may be more difficult to address if the government will not initiate genuine reforms. The persistence of the CPP-NPA i
Friday, October 25, 2019
Lit. Analysis :: essays research papers
à à à à à Most people are kind to strangers. For example, they might be willing to return a purse, or perhaps take two lost people into their home. Or, in some cases, you would keep a secret or something about the othersââ¬â¢ lifestyle, to yourself. All this is seen in the short story ââ¬Å"Searching for Summerâ⬠by Joan Aiken. In this paper, I intend to prove to you that the above statements are true. à à à à à In the story ââ¬Å"Searching for Summerâ⬠, two young people, Tom and Lily, are married. At this time, the sun was hidden behind large clouds from, possibly , a nuclear blast. This is not made clear to the reader in the story. For their honeymoon, Tom and Lily went off in search of the sun. they motorbike that they were driving on broke down so they stopped in the town of Molesworth. They met an elderly lady and her blind son at a bus stop. When they realized that the lady had left her purse, they decided to return it to her at her home into the woods. When they arrived, they discovered that the sun always shone at William and his motherââ¬Ës cabin. When they returned to the town to retrieve the fixed motorbike, they kept the sun secret to themselves when asked about it by the nosy innkeeper and left. à à à à à Tom and Lily were kind to the elderly pair when they hardly knew them. They brought the old ladyââ¬â¢s purse to her. ââ¬Å"She walked so slowly.....I think we ought to take it to her, donââ¬â¢t you Tom?â⬠(676). To me this quote shows how Lily is willing to help a person she doesnââ¬â¢t even know. Another time that this trait is shown is when we find out that Lily is still wearing her wedding sandals on the walk to the old ladyââ¬â¢s home, even though it is painful. ââ¬Å"Lily was still wearing her wedding sandals......â⬠(676). Not very many people would be willing to go through pain and agony to return a purse. I know that I might consider waiting until I had more comfortable shoes. But this just goes to prove that some people are just kinder than others to strangers. But they arenââ¬â¢t the only ones in this story who are this way. à à à à à William and his mother show kindness to Tom and Lily in the story. When Tom and Lily arrive at their cabin, the old lady shows much gratitude and invites them in, even though she has just met them.
Thursday, October 24, 2019
Lis Pendens Essay
CHAPTER 1 INTRODUCTION The doctrine of lis pendens1contained in Section 52 of the Transfer of Property Act, 1882 (hereinafter ââ¬Å"TPAâ⬠) and expressed by the maxim ut lite pendente nihil innoveturem bodies the principle of law that ââ¬Å"â⬠¦pending a litigation nothing new should be introduced, and provides that pendente lite2, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his opponent.â⬠3 The basis of this doctrine rests on the idea that ââ¬Å"â⬠¦the very purpose of seeking relief against any grievance [through a judicial proceeding] would be meaningless and ineffectiveâ⬠4 ââ¬Å"â⬠¦if alienations pendente lite were permitted to prevailâ⬠5 as despite having a decree of the Court in his favor, the plaintiff would have to commence proceedings de novo in order to reclaim his rights from the person to whom the property right was transferred by the defendant. The do ctrine can be said to be an aspect of the principle of res judicata6and has its basis in ââ¬Å"expediency and necessity of fine adjudicationâ⬠7 and the need of having ââ¬Å"finality in litigationâ⬠.8The doctrine is based on the notions of justice, equity and good conscience9 and has emerged out of public policy considerations.10 This paper deals with the doctrine of lis pendens as it is contained in the Transfer of Property Act 1882 and analyses the doctrine under the following heads: (A) Theoretical Basis (B) Essential Conditions and (C) Effect of a transfer pendente lite. STATEMENT OF PROBLEM Why this project? This is a project in the subject of Property Law for the completion of assessment and evaluation as it is part of the curriculum. The above project titled ââ¬ËDoctrine of Lis Pendens (Section 52): A Critical Analysisââ¬â¢ is part and parcel of course of Property Law subject in eighth semester. The project lies for the complete analysis of the theme through which we will be able to find out and highlight the basis and their relevance in the subject. SCOPE The project deals with some of the questions arising out of Section 52 of the Transfer of Property Act, 1882 which deals with the transfer of immovable property pendente lite. The research will be restricted to the given topic and secondary sources are used for the purpose of this research. OBJECTIVE The objective of the research is to study in depth Section 52 and critically analyze it referring to various books and Law Commission Report. Also, to find out the limitations and loopholes which are there in the Section in light of different case laws and judicial pronouncements. HYPOTHESIS Pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force RESEARCH METHODOLOGY Doctrinal Research This project is mainly the outcome of the library based research. The research is of the systematic exposition, analysis and critical evaluation of legal rules and their inter-relationships. Articles, books, case study and secondary data are referred for the literature review and reference and based on it analysis and conclusion are drawn. CHAPTER 2 THEORETICAL BASIS This part will enquire into the theoretical basis of the doctrine of lis pendens. The broader question that is sought to be answered here arises in a situation when a person unknowingly acquires title to a property which is involved in a civil dispute which is yet to be decided upon. In this situation, the question that is often raised is that on what basis the rights of the ignorant transferee can be subverted under the doctrine of lis pendens in order to recognize the rights of the victorious party in theà dispute over the disputed property. Two theories have been out forth in this regard. The first theory states that a pending suit is a constructive notice to the entire world and thus an ignorant transferee is consequently deemed in law to be aware of the disputed condition of the property and is barred from making the claim that s/he was a bonafide purchaser.11 However this theory is being increasingly displaced by another which relies on public policy considerations to justify the doctrine of lis pendens. Accordingly ââ¬Å"â⬠¦the doctrine is not founded on any theory of notice at all, but is based upon the necessityâ⬠¦ [for] preventing litigants from disposing of the property inâ⬠¦such manner as to interfere with execution of the courtââ¬â¢s decree. Without such a principleâ⬠¦ all suits for specific property might be rendered abortive by successive alienations of the property in suit, so that at the end of the suit another would have to be commenced, and after that, another, making it almost impracticable for a man ever to make his rights available by a resort to the courts of justice.â⬠12 This theory does away with need of inferring a constructive notice from fact of existence of the dispute. The transfereeââ¬â¢s rights are not affected because the suit amounts to a constructive notice but because ââ¬Å"â⬠¦law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.â⬠13 ââ¬Å"The intention of the doctrine is to invest the Court with complete control over alienations in the res which is pendente lite, and thus to render its judgment binding upon the alienees, as if they were parties, notwithstanding the hardship in individual cases.â⬠14 It has been argued that such a stringent version of this doctrine imposes an undue burden on innocent purchasers who buy disputed property. This is particularly so in cases where the lis is not duly registered under Section 18 of the Indian Registration Act, 1908. The states of Maharashtra and Gujarat have enacted state amendme nts which restrict the application of this doctrine to the cases where the parties to the dispute have registered the lis under the Indian Registrations Act 1908. This affords protection purchasers who may not have any means of determining the existence of a dispute in relation to the property they intend to deal with.15 CHAPTER 3 ESSENTIAL CONDITIONS The following conditions have to be satisfied for the application of Section 52 of TPA: (I) A suit or proceeding ââ¬Å"in which any right to immovable property is directly and specifically in questionâ⬠16 must be pending in an appropriate Court (II) The suit should not be a collusive one. In such a case, the property ââ¬Å"cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.â⬠17 The following parts deal with each of these elements in detail. Pending Suit ââ¬Å"A suit is commenced by the filing of a plaint, and appeals and execution proceedings are a continuation of the suit.â⬠18 According to of Section 52 a transfer of property involved in a suit while the pendency of the suit is hit by the rule of lis pendens enshrined therein. For a suit to be pending the Court must have the necessary jurisdiction. In the absence of such jurisdiction, ââ¬Å"the decree pronounced by the Court will be a nullityâ⬠19 and hence would not attract the rule of lis pendens. An appeal or execution is included in the continuation of the suit and the bar of lis pendens extends over such proceedings. ââ¬Å"The explanation to the said section indicates that the pendency of a suit would encompass the stage after the final decree till complete satisfaction and discharge of such decree or order. It is, therefore, obvious that legislature â⬠¦ has thought it fit to extend the scope and ambit of the terminology ââ¬Å"suitâ⬠even for covering the execution proceedings in connection with decrees passed in such suitsâ⬠20 A transfer made before the pendency of the suit is not subjected to this rule.21 A suit filed in a foreign court cannot be a lis pendens under this rule.22The rule cannot apply to properties situated outside India.23 Furthermore the right to an immovable property24 must be directly and specifically be involved in the suit.25 Suit must not be collusive Section 52 of TPA becomes operative as soon as a bona-fide suit is instituted which is not in any way collusive.26 A collusive proceeding27 is different from a fraudulent proceeding. In a fraudulent proceeding, the claims made are false and are instituted to injure the plaintiff. Whereas in a collusiveà proceeding, there is a secret arrangement between the parties to the suit and the object of instituting such proceedings is to utilize the judicial forum to curtail the claims of bona-fide transferees over the disputed property.28 A collusive proceeding would bind the parties but not their transferees.29 CHAPTER 4 EFFECT OF TRANSFER PENDENTE LITE ââ¬Å"The transfer when it falls within the mischief of [Section 52 of TPA] will be deemed to be non est for the purpose of lis pendens.â⬠30 The right to the property will continue to vest in the transferor notwithstanding he transferred it. However, there is no indication in the section that the transfer is rendered void. Rather, the transfer has been held to be ââ¬Å"valid and operative as between the parties thereto.â⬠31 The doctrine of lis pendens merely subordinates the rights of the transferee to the rights determined by the Court upon the completion of the proceedings. If the rights do not conflict, then the transfer would act as a valid transfer. This is can be inferred from the words, ââ¬Å"so as to affect the rights of any other party thereto under any decree or order which may be made therein.â⬠32 CHAPTER 5 CONCLUSION This paper reviews the doctrine of lis pendens under Section 52 of TPA. It is evident from the analysis of the doctrine that the basis of the doctrine lies in public policy considerations and the expediency to ensure finality of litigation. While the doctrine does invalidate a transfer pendente lite it renders the rights of the transferor subservient to those determined by the Court in the ongoing proceedings. The doctrine demonstrates a classic case wherein individual rights of parties are rendered dormant to satisfy a public policy objective. The broad principle underlying Section 52 of the Transfer of Property Act, 1882 is to maintain the status quo unaffected by the act of any party to the litigation pending its determination. Even after the dismissal of a suit, a purchaser is subject to lis pendens, if an appeal is afterwards filed. If such a view is not taken, it would plainly be impossible that any action or suit could be brought to a successfulà termination if alienations p endente lite were permitted to prevail. The explanation to Section lays down that the pendency of a suit or a proceeding shall be deemed to continue until the suit or a proceeding is disposed of by final decree or order, and complete satisfaction or discharge of such decree or order has been obtained or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force. INDEX OF AUTHORITIES 1. Legislations: a. Transfer of Property Act 1882. 2. Cases Cited: a. Thakurai Bhup Narain Singh v. Nawab Singh And Ors. [1957] AIR Pat 759 (HC). b. Bellamy v. Sabine [1857] (1) De G & J 566. c. Digambararao v. Rangarao [1949] AIR Bom 367 (HC). d. Lov Raj Kumar v. Daya Shankar [1986] AIR Del 364 (HC). e. Chanda Sab v. Jamshed Khan [1993] AIR Kant 338 (HC). f. Minakshi Saini v. Gurucharan Singh Sharma (2002) 2 Punj LR 439, 441 (HC). g. Simla Banking Industrial Co. Ltd. v. Firm Luddar Mal [1959] AIR Pun 490 (HC). h. Ghantesher Ghosh v. Madan Mohan Ghosh and Ors.[1997] AIR 471 (SC) . i. Umesh Chunder v. Zaboor Fatima [1956] AIR 593 (SC). j. Palani Chetti v. Subramanyam Chetti (1896) ILR 19 Mad 257. k. Sivaramakrishna v. K. Mammu (1957) 1 Mad LJ 14 (HC). l. Hans Nath v. Ragho Prasad (1932) ILR 54 All 159 (HC). m. Md. Shafiqullah Khan v. Md. Samiullah Khan [1929] AIR All 943 (HC). n. Gouri Dutt v. Sheikh Sukur Md. [1948] AIR PC 147 (PC). o. Nuzbat-ud Daula v. Dilband Begam 21 IC 570. p. Nagubai Ammal v. B. Sharma Rao [1956] 1 SCR 451 (SC) 3. Books: a. Sorabjee S, Darashaw J.Vakilââ¬â¢s Commentaries on the Transfer of Property Act (2nd Edn., Wadhwa Nagpur 2004). b. Bharuka G, Mulla: The Transfer of Property Act 1882 (10th Edn., Lexis Nexis 2006). 4. Dictionaries: a. Black H.C., Blackââ¬â¢s Law Dictionary (4th Edn, West Publishing Company 1968). 5. Law Commission Reports: a. Law Commission of India, Section 52: The Transfer of Property Act 1882 and Itââ¬â¢s Amendment (Law Com No. 157, 1998).
Wednesday, October 23, 2019
Healthcare Ecosystems
LTT1 ââ¬â Healthcare Ecosystems The profession of health informatics is a relatively new one, blending the use of technologies with collecting, organizing, storing, using, and evaluating health information. Technology can assist healthcare workers on every clinical and administrative level to use information more effectively in clinical decision-making for patients, and in implementing strategic goals within an organization. Check Your Understanding 2. 1 Instructions: On a separate piece of paper, write down the word or term that correctly completes each of the sentences. . The ancient ___ developed surgical procedures, documented clinical cases, and created medical books. a. Egyptians b. Greeks c. Phoenicians d. Chinese 2. The ___ was established in 1847 to represent the interests of physicians across the United States. a. b. c. d. American Association of Medical Colleges American College of Surgeons Committee on Medical Education American Medical Association 3. Today, medical s chool students must pass a test before they can obtain a ___ to practice medicine. a. degree b. residency c. specialty d. license 4.The first general training school for ___ was opened at the New England Hospital for Women and Children in 1872. a. nurses b. physician assistants c. surgical specialists d. surgeons 5. Modern ___ must have either a two-year associateââ¬â¢s degree or a four- year bachelorââ¬â¢s degree from a state-approved nursing school. a. nurse practitioners b. licensed vocational nurses c. registered nurses d. licensed practical nurses 6. In 1910, Dr. Franklin H. Martin suggested that the surgical area of medical practice needed to become more concerned with ___. a. b. c. d. atient care professional standards patient outcomes nonsurgical medical care 7. Adoption of the Minimum Standards marked the beginning of the modern ___ process for healthcare organizations. a. accreditation b. licensing c. reform d. educational 8. According to the AMAââ¬â¢s definition, ___ incorporates the healthcare- related professions that function to assist, facilitate, and complement the work of physicians and other clinical specialists. a. home health b. nursing care c. ambulatory care d. allied health Which ancient civilization developed surgical procedures, documented clinical cases, and created medical books?Greeks Correct! Which organization was established in the mid 1800s, to represent the interests of physicians in the United States? American Medical Association Correct! What organization is the largest standard setting body in the world? Joint Commission Correct! This legislation required hospitals to conduct continued-stay review for Medicare and Medicaid patients. Utilization Review ACt Correct! This type of hospital specializes in providing inpatient care to individuals with mental and developmental orders. Psychiatric Correct!For-profit hospitals use their excess funds to improve their services and fund community services. False Correct! At a ho spital or large healthcare facility, this group will select qualified administrators to manage the organization. Board of Directors Correct! Which one of the following is considered a part of administrative support services? Human Resources Correct! Low energy laser, electric stimulation, ultrasound, biofeedback and aquatics treatment are used by which of the following allied health professionals? Physical therapy Correct!In which decade was magnetic resonance imaging first introduced in healthcare? 1980's Correct! This type of statement from an organization expresses intentions, philosophy, and organizational self-image. Vision statement Correct! An empowered staff member has the ability to: Change the work environment when some part of it interferes with the organizational mission Correct! Leaderââ¬â¢s in todayââ¬â¢s healthcare organizations may reinforce organizational values by doing which one of the following: Listen to the staff Correct! What is a 360à ° review? A perfo rmance evaluation in which peers and colleagues participate Correct!Of these functions that sustain operational infrastructure, where would health informatics best fit? Knowledge Management Correct! In the healthcare organization, operating units are designed around patient-focused care for related disease groups and medical specialties. This is known as: Service Lines Correct! In 2008, the Centers for Medicare and Medicaid Services changed its payment regulations to eliminate payment for hospital-acquired complications. True Correct! The largest single group of healthcare organizations are: Acute Care Hospitals Correct!Which of the following is a system that deliberately monitors the long term relationship between stakeholders of a healthcare organization, and responds to changing needs? Strategic Correct! In what decade was the MRI first introduced? 1980's Correct! Which standard addresses disclosure of health information? Protecting Privacy of Health Information Correct! Which st andard addresses the intentional destruction of health information? Security and Integrity of Information Correct! Which standard addresses the monitoring of terminologies used in health information? Collection of health informationCorrect! Which standard addresses unplanned interruptions of electronic health record systems? Continuity of information Correct! Which standard asks for evidence that there are back up systems in the event of interruptions to electronic information processes? Continuity of information Correct! Which standard addresses flow of data and information within and out of the hospital? Information management planning Correct! Which standard requires evidence that health information is disseminated in a timely manner? Receival and transmission of health information Correct!Which standard addresses acronyms, synonyms, and abbreviations for medication dosage? Collection of health information Correct! Which standard requests evidence of policy implementation pertain ing to health information privacy? Protecting Privacy of Health Information Correct! Which standard requests evidence of policy implementation pertaining to unauthorized alteration of health information? Security and Integrity of Information Correct! This type of statement is sent to a patient: it shows how much the provider billed, the amount of the Medicare reimbursement to the provider, and what the patient must pay to the provider.Medicare summary notice Correct! All of these items are ââ¬Ëpackagedââ¬â¢ under the Medicare outpatient prospective payment system, with the exception of one. Medical visits Correct! Which one of these is not a government-sponsored healthcare program? Blue Cross/Blue Shield Correct! Which health insurance plan covers the survivors of military personnel who died in the line of duty? CHAMPVA Correct! This legislation established an employeeââ¬â¢s right to continue healthcare coverage beyond their scheduled termination date. COBRA Correct! What i s a MS-DRG grouper? A software program that assigns appropriate MS-DRGsCorrect! One of these items is not incorporated in the formula for determining fee schedule. Post medical school degrees held by provider Correct! Which uniform data set is used by skilled nursing facilities to gather standardized data? MDS Correct! Which one of the following is not used when calculating for patient severity level, for prospective reimbursement of home health services? Financial Correct! What form must be provided to a patient if there is a concern that Medicare will deny services because it feels the service may be medically unnecessary? ABN Healthcare Ecosystems LTT1 ââ¬â Healthcare Ecosystems The profession of health informatics is a relatively new one, blending the use of technologies with collecting, organizing, storing, using, and evaluating health information. Technology can assist healthcare workers on every clinical and administrative level to use information more effectively in clinical decision-making for patients, and in implementing strategic goals within an organization. Check Your Understanding 2. 1 Instructions: On a separate piece of paper, write down the word or term that correctly completes each of the sentences. . The ancient ___ developed surgical procedures, documented clinical cases, and created medical books. a. Egyptians b. Greeks c. Phoenicians d. Chinese 2. The ___ was established in 1847 to represent the interests of physicians across the United States. a. b. c. d. American Association of Medical Colleges American College of Surgeons Committee on Medical Education American Medical Association 3. Today, medical s chool students must pass a test before they can obtain a ___ to practice medicine. a. degree b. residency c. specialty d. license 4.The first general training school for ___ was opened at the New England Hospital for Women and Children in 1872. a. nurses b. physician assistants c. surgical specialists d. surgeons 5. Modern ___ must have either a two-year associateââ¬â¢s degree or a four- year bachelorââ¬â¢s degree from a state-approved nursing school. a. nurse practitioners b. licensed vocational nurses c. registered nurses d. licensed practical nurses 6. In 1910, Dr. Franklin H. Martin suggested that the surgical area of medical practice needed to become more concerned with ___. a. b. c. d. atient care professional standards patient outcomes nonsurgical medical care 7. Adoption of the Minimum Standards marked the beginning of the modern ___ process for healthcare organizations. a. accreditation b. licensing c. reform d. educational 8. According to the AMAââ¬â¢s definition, ___ incorporates the healthcare- related professions that function to assist, facilitate, and complement the work of physicians and other clinical specialists. a. home health b. nursing care c. ambulatory care d. allied health Which ancient civilization developed surgical procedures, documented clinical cases, and created medical books?Greeks Correct! Which organization was established in the mid 1800s, to represent the interests of physicians in the United States? American Medical Association Correct! What organization is the largest standard setting body in the world? Joint Commission Correct! This legislation required hospitals to conduct continued-stay review for Medicare and Medicaid patients. Utilization Review ACt Correct! This type of hospital specializes in providing inpatient care to individuals with mental and developmental orders. Psychiatric Correct!For-profit hospitals use their excess funds to improve their services and fund community services. False Correct! At a ho spital or large healthcare facility, this group will select qualified administrators to manage the organization. Board of Directors Correct! Which one of the following is considered a part of administrative support services? Human Resources Correct! Low energy laser, electric stimulation, ultrasound, biofeedback and aquatics treatment are used by which of the following allied health professionals? Physical therapy Correct!In which decade was magnetic resonance imaging first introduced in healthcare? 1980's Correct! This type of statement from an organization expresses intentions, philosophy, and organizational self-image. Vision statement Correct! An empowered staff member has the ability to: Change the work environment when some part of it interferes with the organizational mission Correct! Leaderââ¬â¢s in todayââ¬â¢s healthcare organizations may reinforce organizational values by doing which one of the following: Listen to the staff Correct! What is a 360à ° review? A perfo rmance evaluation in which peers and colleagues participate Correct!Of these functions that sustain operational infrastructure, where would health informatics best fit? Knowledge Management Correct! In the healthcare organization, operating units are designed around patient-focused care for related disease groups and medical specialties. This is known as: Service Lines Correct! In 2008, the Centers for Medicare and Medicaid Services changed its payment regulations to eliminate payment for hospital-acquired complications. True Correct! The largest single group of healthcare organizations are: Acute Care Hospitals Correct!Which of the following is a system that deliberately monitors the long term relationship between stakeholders of a healthcare organization, and responds to changing needs? Strategic Correct! In what decade was the MRI first introduced? 1980's Correct! Which standard addresses disclosure of health information? Protecting Privacy of Health Information Correct! Which st andard addresses the intentional destruction of health information? Security and Integrity of Information Correct! Which standard addresses the monitoring of terminologies used in health information? Collection of health informationCorrect! Which standard addresses unplanned interruptions of electronic health record systems? Continuity of information Correct! Which standard asks for evidence that there are back up systems in the event of interruptions to electronic information processes? Continuity of information Correct! Which standard addresses flow of data and information within and out of the hospital? Information management planning Correct! Which standard requires evidence that health information is disseminated in a timely manner? Receival and transmission of health information Correct!Which standard addresses acronyms, synonyms, and abbreviations for medication dosage? Collection of health information Correct! Which standard requests evidence of policy implementation pertain ing to health information privacy? Protecting Privacy of Health Information Correct! Which standard requests evidence of policy implementation pertaining to unauthorized alteration of health information? Security and Integrity of Information Correct! This type of statement is sent to a patient: it shows how much the provider billed, the amount of the Medicare reimbursement to the provider, and what the patient must pay to the provider.Medicare summary notice Correct! All of these items are ââ¬Ëpackagedââ¬â¢ under the Medicare outpatient prospective payment system, with the exception of one. Medical visits Correct! Which one of these is not a government-sponsored healthcare program? Blue Cross/Blue Shield Correct! Which health insurance plan covers the survivors of military personnel who died in the line of duty? CHAMPVA Correct! This legislation established an employeeââ¬â¢s right to continue healthcare coverage beyond their scheduled termination date. COBRA Correct! What i s a MS-DRG grouper? A software program that assigns appropriate MS-DRGsCorrect! One of these items is not incorporated in the formula for determining fee schedule. Post medical school degrees held by provider Correct! Which uniform data set is used by skilled nursing facilities to gather standardized data? MDS Correct! Which one of the following is not used when calculating for patient severity level, for prospective reimbursement of home health services? Financial Correct! What form must be provided to a patient if there is a concern that Medicare will deny services because it feels the service may be medically unnecessary? ABN
Tuesday, October 22, 2019
Analysis of What a Girl Wants essays
Analysis of What a Girl Wants essays The movie What A Girl Wants could be said to be a modern take on Pygmalion. It focuses mainly on the relationship of Daphne Reynolds and her parents. Because Daphnes dad was not in their lives, Daphne and her mothers relationship is very close. Although they are a single- parent family they could be classified as a traditional single- parent family, where once the male is gone that role is delegated to the mother. In some occasions the roles reverse and the child becomes the parent and the parent the child. The family in What a Girl Wants start out as a non- traditional, single- parent family and they end up as a typical nuclear family. The movie is mainly regarding Daphnes search for her dad and viewers get to see their relationship blossom. What A Girl Wants concentrates on the effect of society on individuals and situations. Daphne gets into many mishaps in England when she tries to fit in with what society expects of a person of her status. Peoples views affect families whether in reality or on screen. Daphne is expected to conform to what society decrees is proper behaviour; this has a negative impact on her relationship with her father who is a very important politician in the middle of elections. Daphnes mum and dad were also affected by societys views. When Daphnes dad- Henry who could be classified as upper- class and Daphnes mum- Libby who is classified as lower middle- class got married everyone (family members etc.) found their marriage to be unacceptable because of the difference in status. They felt that Henry had married below him and eventually their relationship ended because of that. In What a Girl Wants it is society that prevented relationships from happening. In Looking For Alibrandi it is the Itali an beliefs, customs and practices. But in both texts, the same results were achieved- separation. What A Girl Wants causes you to wonder whether your status, wealth ...
Monday, October 21, 2019
Free Essays on Advertising Ethics
ââ¬Å"Prozac can helpâ⬠.(Vol.344) Prozac may be good for some people but for others it may not be the drug they need, and because of ads like that they feel the need to pressure their physician for a prescription for it. Can it really help put sunny days back into a miserable life? America has allowed direct to consumer advertising for over a decade now but to date there have been no claims that anyone has been hurt by it. In television ads the companies are prepared to pay the cost that it takes to tel... Free Essays on Advertising Ethics Free Essays on Advertising Ethics The age of advertising today is not what it used to be years ago. Pharmaceutical companies are spending on average billions of dollars to market their drugs directly to the consumers. With this comes a potential harm to some consumers due to the fact that they feel like they are free to ask for anything that may stop the symptoms they have. Should the FDA take a stand in putting a stop to how certain drugs are marketed, or just continue to let it get out of control? Who should be able to control the prescriptions: the patient or the doctor? Take the drug Prozac for our first example: itââ¬â¢s in rock lyrics, magazines, books and billboards. I donââ¬â¢t think there are too many people who have not heard of it or that in some point of their lives were not on it. Many parents are turning to their childrenââ¬â¢s doctor to put them on it because of problems they may be having at home. In an article from The Economist I found that it is illegal in Europe to advertise prescription drugs. They are allowed to market theyââ¬â¢re over the counter drugs but an advertisement for a prescription drug can only be found in medical journals. It was felt that advertising prescriptions filled the heads of consumers and it could undermine the doctorââ¬â¢s authority. Lilly Pharmaceutical company did a two page spread on Prozac that had one page with a dark rainy sky with the words ââ¬Å"Depression Hurtsâ⬠and on the other side was a bright sunny sky with the words ââ¬Å"Prozac can helpâ⬠.(Vol.344) Prozac may be good for some people but for others it may not be the drug they need, and because of ads like that they feel the need to pressure their physician for a prescription for it. Can it really help put sunny days back into a miserable life? America has allowed direct to consumer advertising for over a decade now but to date there have been no claims that anyone has been hurt by it. In television ads the companies are prepared to pay the cost that it takes to tel...
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