In Vitro Fertilization Essays - Fertility Medicine, Fertility

In Vitro Fertilization "The unexamined life is not worth living." With these words, Socrates stated the creed of reflective men and women and set the task for ethics: to seek, with the help of reason, a consistent and defensible approach to life and its moral dilemmas (Walters 22). Ethical inquiry is important to us when we are unsure of the direction in which we are heading. "New philosophy calls all in doubt," wrote John Donne in the wake of the Copernican Revolution and of Charles I's violent death, suggesting that new thoughts had challenged old practices (Donne). Today, new practices in the biomedical sciences are challenging old thoughts: "New medicine calls all in doubt" (Walters 22). Few moral convictions are more deeply ingrained than that of the sanctity of life. If plausible once, however, the view that life is a "sacred process" (initiated, sustained, and finally halted by God) is now more difficult to maintain (Baier 1-4). Recent advances in the biomedical sciences allow us to intervene in, and sometimes take control of, the processes of life and death. Not only can death, quite often, be kept waiting by the bed or machine, doctors and scientists can now also intervene in, indeed, initiate the process of life: cloning and recombination of DNA are two examples; in vitro fertilization (IVF) is another (Walters 23). It is not surprising, then, that in the wake of these revolutionary developments, bioethics is flourishing. Despite the obvious enthusiasm of philosophers to take a stand on many complex moral issues in the biomedical sciences, however, a curious skepticism pervades the enterprise (Walters 23). Take the comments by a dean of an Australian Medical School on the teaching of medical ethics: Like any other lifelong clinical teacher I have firm views about such topics as euthanasia, continuing severe pain, acceptable and unacceptable risks of various treatments, the appropriate use of life support systems and numerous other matters of this sort which I discuss with my colleagues, assistants, and students but would not wish to teach dogmatically since much depends on the religious and ethical views which they may have and which also must command my respect ("Medical Ethics"). The paragraph suggests that although ethics is not a matter of dogmatism, it is a matter of personal preference or choice, something one cannot-or should not-argue about. Then there is another attitude, implied in a newspaper article by B.A. Santamaria, that ethical inquiry is useless unless those investigating bioethical issues have been "...endowed with authority by Almighty God [or] the Prime Minister..." (Santamaria). Since the study of ethics is all about what is right and what is wrong, it is not possible to come to a correct conclusion unless one is directly appointed by God to make this conclusion. God is the only One who can correctly decree what is ethical and unethical; we as imperfect humans should not even attempt to do this job. IVF raises many of these difficult moral issues. If the above conceptions about the nature of ethics were correct, however, discussion of these issues would either be futile (because morality is a matter of personal choice or opinion) or superfluous (because morality is what a divine or secular authority says it is) (Walters 23). In this paper, I want to suggest that it is not only possible, but also necessary to inquire into the ethics of such practices as IVF because the fact that we can do something does not mean that we ought to do it. To begin with, I will provide the basic medical facts involving IVF to give a solid understanding of what goes into the whole process and what facts involving this process cause the questioning of the ethical and moral issues. Infertility affects about 4.9 million couples in the United States, or one in every twelve. Approximately one-third of infertility cases can be traced to causes in the female (Encarta). However, a small proportion of infertile women can produce healthy eggs but, although they have a normal uterus, they have damaged or diseased fallopian tubes which prevent the egg from passing from the ovary to the uterus (Warnock 29). Aside from conventional methods of fertility treatment, there are also several newer techniques, collectively known as assisted reproductive

Race Relations and the Olympic Games

Race Relations and the Olympic Games Given that competitors from across the globe compete in the Olympic Games, it’s no surprise that racial tensions will flare on occasion. Athletes in the 2012 Olympic Games in London sparked controversy by making racial jabs about people of color online. Fans set off scandals as well by taking to Twitter to lob xenophobic insults at players from rival countries. And the International Olympic Committee itself was accused of anti-Semitism for not honoring the Israeli athletes killed by terrorists at the 1972 Olympic Games with a moment of silence during opening ceremonies 40 years later. This roundup of racial controversies linked to the 2012 Olympics reveals the state of global race relations and how much progress the world needs to make in order for all people- athletes and otherwise- to be considered equals. No Moment of Silence for Victims of Munich Massacre During the 1972 Olympic Games in Munich, a Palestinian terrorist group called Black September killed 11 Israeli competitors after taking them hostage. The survivors of those killed asked the International Olympic Committee to have a moment of silence for the slain athletes during the opening ceremonies of the 2012 Olympic Games to commemorate the 40th anniversary of the Munich Massacre. The IOC refused, leading the family members of the victims to accuse Olympic officials of anti-Semitism. Ankie Spitzer, the wife of the late fencing coach Andre Spitzer, remarked, â€Å"Shame on the IOC because you have forsaken the 11 members of your Olympic family. You are discriminating against them because they are Israelis and Jews,† she said. Ilana Romano, widow of weightlifter Yossef Romano, agreed. She said that IOC president Jacques Rogge told her during a meeting that it was difficult to answer whether or not the IOC would have approved a moment of silence for the murdered athletes had they not been Israelis. â€Å"One could feel the discrimination in the air,† she said. European Athletes Make Racist Remarks on Twitter Before Greek triple jump athlete Paraskevi â€Å"Voula† Papahristou even had a chance to compete in the Olympics, she was kicked off her country’s team. Why? Papahristou sent out a tweet disparaging Africans in Greece. On July 22, she wrote in Greek, â€Å"With so many Africans in Greece, at least the mosquitoes of West Nile will eat homemade food.† Her message was re-tweeted more than 100 times and the 23-year-old quickly faced an angry backlash. After the scandal she apologized, â€Å"I would like to express my heartfelt apologies for the unfortunate and tasteless joke I published on my personal Twitter account,† she said. â€Å"I am very sorry and ashamed for the negative responses I triggered, since I never wanted to offend anyone, or to encroach human rights.† Papahristou wasn’t the only Olympic athlete penalized for being racially insensitive on Twitter. Soccer player Michel Morganella was booted off the Swiss team after he referred to South Koreans as a â€Å"bunch of Mongoloids† on the social networking site. He made the race-based jab after South Korea beat the Swiss team in soccer on July 29. Gian Gilli, head of the Swiss Olympic delegation, explained in a statement that Morganella was removed from the team for having â€Å"said something insulting and discriminatory† about his South Korean rivals. â€Å"We condemn these remarks,† Gilli stated. Was Monkey Gymnast Commercial a Swipe at Gabby Douglas? After 16-year-old Gabby Douglas became the first black gymnast to win the gold medal for the women’s all-around in the sport, NBC sportscaster Bob Costas remarked, â€Å"There are some African-American girls out there who tonight are saying to themselves: ‘Hey, I’d like to try that too.’† Shortly after Douglas’ image appeared during Costas’ commentary on NBC, the network that broadcast the Olympics in the U.S., a commercial for new sitcom â€Å"Animal Practice† featuring a monkey gymnast aired. Many viewers felt that the monkey gymnast was somehow a racial jab at Douglas, since she’s black and racists historically likened African Americans to monkeys and apes. The network apologized in light of a torrent of negative feedback from viewers. It said the commercial was simply a case of bad timing and that the â€Å"Animal Practice† advertisement didn’t aim to offend anyone. For the fourth time in a row, the U.S. women’s soccer team took home the gold medal. They surged to the top during the London Olympics by defeating the Japanese women’s soccer team. After their 2-1 victory, fans took to Twitter not simply to rejoice but also to make racially tinged remarks about the Japanese. â€Å"This ones for Pearl Harbor you Japs,† wrote one tweeter. Many others tweeted similar comments. Discussing the controversy, Brian Floyd of the website SB Nation begged such tweeters to stop posting racially insensitive comments. â€Å"That wasn’t for Pearl Harbor,† he wrote. â€Å"It was a†¦soccer game. Please, for the love of everything, stop doing this, guys. It doesn’t reflect well on any of us. Stop being awful.† â€Å"Exotic Beauty† Lolo Jones Dominates Track and Field Media Coverage Sprinter Lolo Jones wasn’t the top track and field star to represent the United States during the Olympic Games, prompting fellow American runners as well as New York Times writer Jere Longman to point out that Jones garnered a disproportionate amount of media coverage. Why was Jones reported on more than American runners such as Dawn Harper and Kellie Wells? Those women came in at second and third place, respectively, in the women’s 100 meter hurdle, while Jones came in fourth. Longman of the Times says that the biracial Jones has capitalized on her â€Å"exotic beauty† to compensate for her shortcomings as an athlete. Danielle Belton of Clutch magazine said that members of the mostly white and male news media gravitate toward Jones because, â€Å"What is of interest [to] them is a pretty girl, preferably white or as close as you can get to it, who can also do ‘sports.’† Colorism, Belton said, is why the media largely overlooked darker-skinne d runners Harper and Wells to cover Jones.

Public health population process Case Study Example | Topics and Well Written Essays - 250 words

Public health population process - Case Study Example F. In relation to spread and survivability the graph is showing that the incidence or the new cases have fallen since 1991. There was a minor increase in 1997 but the incidence has remained constant since then. It shows that the spread of AIDS is less than it was in the early years between 1980 and 1990. It also indicates that the survival rates have improved significantly since with more persons with HIV/AIDS living longer. Most of the persons who caught the disease between 1980 and 1990 did not survive and so the rate of growth did not have any substantial increase during that period up to 1996. Centers for Disease Control and Prevention (2011). HIV surveillance report: Diagnoses of HIV infection and AIDS in the United States and Dependent Areas, 2009 Volume 21. Retrieved from http://www.avert.org/usa-states-cities.htm US Census Bureau. (n.d.). 2005-2005 American Community Survey. Retrieved from:

Hobbies Article Example | Topics and Well Written Essays - 250 words

Hobbies - Article Example I love McDonalds, and Starbucks is my home away from home. Some people like to collect to stamps, some like to paint'..I like to eat. Simple! I have yet another hobby that most people aren't aware off. I'm a serial killer!! Yes I'm the same person who some people and even animals are afraid off. Yes...and that's because I kill mosquitoes. I have a record hunting spree of killing 103 mosquitoes in a single hour. I kill by the dozen and that too with my bare hands. And I enjoy it. Weird right' Well that's me! Oh I left the favorite hobby of mine for the last. This is the most normal hobby that I have and it's a kind of hobby that most people have. Yes I'm talking about reading books. Bookworm sounds too nerdy, yet if it had been something cool, I would be a a proud bookworm. But obviously I read E-books. Harry Potters, Lord of the Rings, Stephan Kings, Dan Browns'.you name it and I most probably would have read it. I suppose you weren't expecting such a normal hobby from me, right' Wel l, I have to say it again'that's me '

W4-Policy, Team, and Information Technology Differences Essay

W4-Policy, Team, and Information Technology Differences - Essay Example As the paper stresses information systems are used as a means to automate much of an organization’s information needs and provide a means to automate most of the repetitive tasks that are required to be performed by the organization. Consider a modern organization such as an airline company, whose entire operations are managed through information systems and is used by every individual department and employee for performing their respective tasks. The sales department ensures that individual and corporate customers can check the various flight offers provided by the company and be able to book their flights in the easiest manner, which is often done online. According to the research findings the ground staff is aware of the baggage needs depending on the information stored in the system. also, the finance department analyzes the performance of the company by using the same information, albeit with a few modifications and analyses as required. The IT department of the company further ensures the smooth operation of the data needs of the various departments of the airline company and manages all requests from them for enhancements and issues. in this era of airline alliances and code sharing, companies have extended their information systems to communicate with one another so as to allow the customer to travel in a hassle free manner. The smooth performance of such complex systems that transcend across several departmental and organizational boundaries is an extremely complex scenario that requires a structured approach at all levels of operation within companies.

ob Characteristic Model and Internal Motivation

ob Characteristic Model and Internal Motivation The Job Characteristics Model (JCM) is an approach to job redesign that seeks to formulate jobs in ways that motivate workers and lead to positive work outcome (Williams McWilliams, 2010). Job characteristics model helps the employee on enriched their jobs by using the five core job characteristics that include skill variety, task identity, task significance, autonomy, and feedback, followed by three critical psychological states, which are meaningful work, responsibility work, and knowledge about the performance. These five core job characteristics and three critical psychological states will lead to create jobs that result in effective work and positive personal outcomes. The purpose of the essay is to explain the main concern of job characteristics model and to identify the five core jobs characteristics in Sunway College lecturers work practices. DISCUSSION The main concern of the JCM is internal motivation. Internal motivation is motivation that comes from itself rather than from outside rewards (Williams McWilliams, 2010). The more effort given by the employee, the more motivated they will be. The JCM give the relationship between three classes of variables: critical psychological states (CPSs), core job dimensions (CJDs), and affective outcomes (AOs). Working with internal motivation occurs when the employee realized that there was a relationship between three critical psychological states and core job dimensions. First, they experience meaningful work because they believe their works are important and worthwhile, by enhanced skill variety, task identity, and task significance. Second, they experience personally responsible for the outcomes of the work, by presence the job autonomy. Third, they learn to know how well they performed their jobs by job feedback. If these critical psychological states are fulfilled with well core job dimensions, the employee will experience well work outcomes with high internal work motivation, high satisfaction, high-quality performance, productivity improvement, effective work, and reduced percentage of employee absence and turnover. Managers can use JCM to motivate the employee, but, how about lecturers? Lecturers work closely related with students. Same as JCM in managers work, lecturers work practice is to motivate students to positive learning outcomes. Both lecturer and students are in a rule using five core job characteristics, which are skill variety, task identity, task significance, autonomy, and feedback. The lecturers are in managerial roles providing tasks, structuring the task, training a group of student, giving evaluate of students performance, and giving reward. The students are in an employee rule learning what lecturers want from the task, taking training, learning lecturers skills, finishing task, receiving reward. Application of job characteristics model to lecturers work practice is attained by increasing five core job characteristics in their course. The first component of core job characteristics is skill variety. Skill variety in lecturers work practice means a various complex skills of lecturers required to complete the course. Lecturers in Sunway College increasing skill variety by giving assignment, so student can increase their skill variety through written assignment referring to internet or book resources, library research, analysing and developing a case or oral presentation of material. Lecturers also asking students to discuss in a group, so that students can discuss in a group with each group member who have different knowledge, abilities, skills, and experiences. With this diversity, a group work can solve problem much better than individual work and can also increase skill variety of each group member. The second component is task identity. Task identity in lecturers work practise means lecturers are responsible to complete their course from beginning to the end. Every lecturer in Sunway College is responsible to manage their time to deliver lesson in a given time. Lecturer learn to separate each chapter of subject in to two or three times of lecture, and giving workshop to provide briefing about assignment, practical for doing assignment using computer, and tutorial class to explain about each chapter of course in more details. For students, this task identity is allowing student to learn and do assignment from beginning to the end. The students do this in various ways, such as answering questions before the tutorial classes, working on both individual and group tasks to share and develop idea, submit assignment on time, make presentations, and may conduct a study research. The third component is task significance. Task significance in lecturers work practice means lecturers give an understanding to students that the knowledge or skill they have learned not only for courses grades but also for their future job. Lecturers in Sunway College give an understanding by using examples, if necessary from his or her life experiences that the subjects are given can be applied in a family environment, social environment or working environment. Lecturer also gives students a case about nowadays family, organisation, or social problem, and asks students to apply the material that given to solve that problem. So, students realize that the material can help them not only in class, but also outside the class. The fourth component is autonomy. Autonomy in lecturers work practice means lecturers have an opportunity to do their work with their own initiative and make their own decision in carrying out the course. For example, lecture in Sunway College has initiative to enhance students autonomy, so he or she makes a decision in giving assignment by asking students to conduct any research they wanted as long as it was still related to the topic that he or she has told. In this situation, the students do the research without any guidelines. They select what researches they want as long as it remains relate to the topic; do research with observation, interview, or distributed questionnaire, and at the end students must submit assignment on time. The last component is feedback. Feedback in lecturers work practice means how well the lecturers doing their course. Lecturer in Sunway College get feedback from students, they try to understand how students responses about his or her performance. They can also seek information from their head of faculty about all phases of their course, is there any protest from students about his or her teaching method. The students can also get feedback, not only get feedback from lecturer but also get directly feedback. For example, in practical courses, when the program successfully runs, it means students performed well, so get good feedback. CONCLUSION JCM can be used to motivate all employees in all industries, provided that the managers know how to properly apply the five core job characteristics on their employees. Not only managers and the employees but also lecturers and student must realize that they all have a responsible to give the best performance by giving the best in skill variety, task identity, task significance, autonomy, and feedback. Lecturers take managerial role for motivating students to positive learning outcomes, and students take employee role for doing the best to reach positive learning outcomes.

Leadership Essay -- Leader essays research papers

Everyone has probably played the game â€Å"Follow the Leader† back in elementary school. It is a game where the leader stands in front of the line. He or she can say or do anything, and her followers (standing in a straight line behind her) must repeat exactly the same thing he or she does or says. Whoever was picked to be the leader must have loved the experience because one had the freedom to do whatever they please, while others followed miserably or happily depending on what the leader is saying or doing. However, if one was the follower, one would wait anxiously to be the next chosen leader. At the same time, one must somehow express his or her self in a fashion that will make them stand out from the rest of the students. Whether he or she is perfectly imitating the leader or behaving really respectfully of others. Nonetheless, who determines who should be the leader? What kind of characteristics must a leader possessed? What makes a great leader (Robbins, 2005)? Is the re only one kind leadership? These questions will be answered as you continue to read on. In addition, you will come across case studies, real life experiences, and my own observation on how leaders in my work setting exhibit leadership behavior and how followers respond to it.   Ã‚  Ã‚  Ã‚  Ã‚  Leadership is the capability to influence a person or a group to achieve many goals (Robbins, 2005). To elaborate, leadership is a complex process by which a person influences others to accomplish a mission, task, or objectives and directs the organization in a way that makes it more cohesive and coherent by applying their leadership attributes such as values, ethics, knowledge, skills, and belief (Clark, 2000). Most importantly, not all leaders happen to be managers, and not all managers are leaders (Robbins, 2005). Even though one is positioned as a manager or a supervisor (he has the power to accomplish certain tasks within the organization) it does not necessarily mean he is a leader unless he makes people want to achieve high goals and objectives. He has the authority to tell his subordinates to do the task and they will do it just to complete it but is not interested in achieving higher goals. However, â€Å"leaders can emerge from within a group as well as being formally appointed [manager]† (Robbins, 2005).   Ã‚  Ã‚  Ã‚  Ã‚  What is great leadership? According to the trait theories, some personality traits may lead pe... ... be technically proficient; one must know his job and the duties of his employees. A leader should always look for new ways to guild your organization to new heights. And if it does not work, re-evaluate, take corrective action and move on to the next challenge. However, do not look for someone to blame. A good leader is not an authoritarian leader. A good leader sets good examples (employees should also see and hear what they are expected to do) and work as a team. A good leader always look out for the well being of their people and always keep them informed. (Clark, 1999). Leadership is like an ART! REFERENCE Ballentine, k., George, A., and Hamburg, D. (1999). Preventing deadly conflict: the critical role of leadership. Archieves of General Psychiatry; 56, 971-976. Clark, D. (2000). Big dog’s leadership page-concept of leadership. Retrieved on December 02, 2004 from http://www.nwlink.com/~donclark/leader/leadcon.html. In Brief; do women make better leaders? (2004). Harvard Mental Health Letter, pNA. Pree, M.D (1992). Leadership jazz. New York: A Dell Trade Paperback. Robbins, S. (2005). Essentials of organizational behavior. New Jersey: Pearson Prentice Hall.

Diet plays an important role in dental health

Tissues of the oral cavity which include the teeth as well as the soft tissue known as the gums or the gingival have nutritional requirements in much the same way as the rest of the body. We often neglect this aspect, and our ignorance of certain very basic issues, may lead onto severe oral problems such as caries (Kumar & Clarke, 2002), which is a very painful condition, which may eventually require tooth extraction. In addition, there may be other gingival problems which lead to halitosis, making the patient a social outcast, and bleeding, which can result in anemia.Teeth may be affected by nutritional deficiencies, nutritional excesses, and also the absence of oral hygiene following any eating process (Gussy, 2006) . Scurvy is an important example of the first condition, while in heavily industrialized states the dental region is badly affected by repeated high calorie food, which is injurious to teeth, as well as the ill effects of diabetes. The diet affects not only the developm ent of caries, but is a significant contributor to development of periodontal disease (gum disease). Undernutrition and Oral HealthThe lack of specific nutrients in the diet (vitamin C, niacin, etc. ) produces characteristic oral manifestations, which are often diagnostic signs for their deficiency. A typical example is the presence of glossitis in typical B-vitamin deficiency, ( tongue is red and swollen which â€Å"burns†), with other features in that the taste of food has changed, with development of ulcers at the lip commisures and labial margins (angular cheilosis) (Kumar and Clarke, 2002, Gussy, 2006). A second typical example is that of vitamin C deficiency.Here petechiae (small, hemorrhaging red spots) are seen in the oral cavity, apart from easy bruisability in other areas of the party due to poor collagen. In addition, the gums bleed upon brushing or by examination by dental instrument (Bruno, 2006). Nutritional deficiencies as a cause for dental problems is not the only problem, that affects teeth. Oral lesions are common in women and children with HIV/AIDS and may decrease the overall quality of life in these patients because of pain, dry mouth, and difficulty in eating.With advent of new diseases like HIV (Gennaro, 2008), but post cancer radiation affects dental hygiene adversely also, by reducing the saliva production which is a reason for caries also (Scrimger, 2006) Nutritional excesses Sugar-containing foods and beverages promote dental caries which is even worse when fluoride is provided in reduced quantity (like non usage of fluoridated toothpaste). On the other hand these foods also promotes dental erosion by not allowing restoration of dental ph.The reason for this problem can be clearly defined by understanding what a dental plaque is. This is a sticky substance containing bacteria, present on the surface of teeth. Its presence can be minimised by regular brushing with fluoride containing toothpaste Gussy, 2006) Plaque bacteria pro duce acids by fermentation of sugars ( from the diet which we have consumed, hence the role of excess sugars), decreasing the pH at the tooth surface. The production of these acids dissolve minerals in the enamel (calcium and phosphorus) by a process called demineralization (Gussy, 2006).But these acids produced by bacteria in the mouth nearly completely neutralised by saliva, which allows the ph in this region to become more than the critical pH. This increase in pH causes a return of the dissolved calcium and phosphate back to the tooth enamel (remineralisation). Therefore foods or drinks containing carbohydrate give hardly any time for the process of remineralisation to occur (Gussy, 2006). However, even if 2-3 hours of time is available between carbohydrate meals, the reparative capacity of the teeth allows self repair.Some foods protect against caries. Milk and dairy products, especially cheese raises the pH values in the mouth. They are both rich in calcium and phosphate and p romote remineralisation. They are also rich in protein which buffers the acid produced. Their consumption allows an increase saliva production which increases the pH level in the mouth, and encourages remineralisation (American Dental Association). Fibre rich foods also increase the flow of saliva as does sugar-free chewing gum, helping to clean the surface of the tooth (American Dental Association).Fluoride is a known protectant against tooth decay. Fluoride makes the enamel surface of the tooth more resistant to acid; it also allows a reduction in the production of acids by bacteria in the mouth, which thereby hastens the remineralisation process (Gussy, 2006, Boggess, 2008). In summary, dental hygiene is affected by both nutritional excess, nutritional deficiencies as well as general ignorance. Most of these problems are easily preventable by proper knowledge.

Being There by Jerzy Kosinski essays

Being There by Jerzy Kosinski essays In social encounters, people in general project a public or on-stage self, and we think of it as covering our authentic face- the face behind the social mask. People often act in the opposite way of what they are really thinking in order to impress others. However, Chance, in Jerzy Kosinskis Being There, couldnt think or act on his own. His behavior reflects what he has observed on television and in his garden. Chance presents himself to others in such an honest manner. What he shows the public is exactly who he is. He doesnt have a private or public self; he has only one face- the face of true human nature, which is the product of TV images and his garden. Television created Chance as did the garden. The garden seems to give him physical existence while the television gives him a mental existence. However, this mental existence is a false one. Contrary to his life in the garden, in the outside world Chance is a blank page, acceptable to all people because he is like all those characters on television. Because Chances behavior depends on what he has seen on television, he is uninformed and incompetent in many areas. Although this book is a bit far-fetched and ridiculous at times, Kosinski makes a very valid point. He seems to point out that in the culture we live in, superficial perception is everything while real thought is often neglected. The media plays a large part in shaping our notions of leadership. The media creates an image for Chance- they give him an occupation, a relationship of intimacy with the President, and status. They hype him up to make him seem newsworthy and interesting because they have to have people to write about. Even though Chance may not be the brightest person, people are drawn to his personality and his unintentional words of wisdom. People seem to trust him, instinctively. His meaningless utterance ...

Advice to Wolverton Boxing Club on the grounds Essay Example

Advice to Wolverton Boxing Club on the grounds Essay Example Advice to Wolverton Boxing Club on the grounds Essay Advice to Wolverton Boxing Club on the grounds Essay Advice to Wolverton Boxing Club on the evidences it might hold for disputing the lawfulness of the Healthy Lifestyle Sports Council’s determination and the likeliness of the success of any such challenge. Introduction The preliminary advice offered to the Club should get down with saying that the most suited signifier of challenge to the determination made by the Council would be Judicial Review. Judicial Review is the mechanism whereby the tribunals are able to size up the determination doing procedure of public governments and officials ( 1 ) The evidences available come under three separate headers and they are: illegality, unreason and procedural improperness. It is possible to obtain a Judicial Review redress using one or more of these evidences and how these peculiar evidences can outdo help the Club shall be explored in deepness below. Before it is possible to determine the likely success of such challenges, it is imperative to guarantee that the Club will be given leave to use for Judicial Review. Once this has been done, the success or otherwise of the challenge will rest on the mode by which the determination was reached, as: †¦Judicial Review is concerned with the legality of the d etermination made, non with the virtues of the peculiar decision ( 2 ) Evidences for challenge Illegality The most obvious case of illegality is where the determination shaper has made a determination he merely does non hold the power to make ( 3 ) , nevertheless, it is apparently non the instance in this state of affairs, as the determination appears within the range of the statute law. Another land of challenge is the no grounds for a fact. However, the Club would undoubtedly be unsuccessful with this as there is plentifulness of grounds that pugilism is a dangerous activity and this was one of the facts used by the Council to account for their determination. Maltreatment of discretion could be a utile land of challenge, as the Council is under a responsibility to use the powers given to it, for the intents as set out in the Act and non for any different more personal grounds. The success of this land of challenge can be seen in Padfield v Minister for Agriculture [ 1968 ] 1 All ER 694, where the curate in inquiry used his powers for his ain grounds, instead than for the intents for wh ich the powers were given to him. It is surely arguable in this instance that the Council, could be utilizing its powers, to foster the aims of its Chairperson, instead than for the echt publicity of: sports that contribute to good health’ as espoused in the Act itself. In the of import instance of R v Secretary of State for the Enviornment ex parte Brent LBC [ 1983 ] 3 All ER 321 the tribunal judgement stated that The Minister is entitled to hold in his head his policy. To this extent the mention to maintaining an unfastened head does non intend an empty head. His head must be kept ajar. Procedural Impropriety This is possibly the land of challenge, which is most likely to win on the facts of this instance. There are several strands to this challenge, one of which is the presence of procedural prejudice. It has been stated that: ordinary members of legislative bodies†¦ought non to demo personal prejudice, or take part in deliberations in regard of which they have a proprietary interest. ( 4 ) In this state of affairs there are evidences to say the determination shapers in inquiry are slightly biased against the thought of pugilism, as a donee of the Council’s financess. These evidences are foremost, the fact that the Chairperson of the Council is married to a individual closely involved with runing against packaging and most perceptibly the inflammatory linguistic communication used by the Council, in their refusal of the Club’s application, mentioning to packaging as immoral . Another land that could turn out successful, is reasoning that the Council fettered its discretion when it came to its determination. The seminal instance of R v Secretary of State for the Home Department ex parte Fire Brigades Union [ 1995 ] 1 AC 513 shows that: the tribunals will non let a determination shaper to bind’ or shackle its discretion by following a stiff or blazing policy, so that the result of a peculiar instance is decided in progress or without proper consideration ( 5 ) Irrationality This is the land of challenge that trades with stuff defects in the decision-making procedure itself and looks at the factors considered when the determination was being made. Lord Greene in Associated Provincial Picture Houses Ltd 5 Wednesbury Corporation [ 1948 ] described an illustration of a determination, which might fall into this land: a determination on a component affair that is so unreasonable that no sensible authorization could hold come to it One other possible land would be, if it could be proven that the Council acted randomly when coming to their determination. If this could be proved so this instance could follow in a similar mode to that of R v Secretary of State for the Home Department ex parte McCartney [ 1994 ] COD 528, when a determination by the Home Secretary was overturned, due to the fact that it was proven to be slightly irrational in substance and lacked the proper objectiveness required of people who hold public maps. A farther potentially successful chal lenge could be made, presuming it can be proved that the Club either did non burden the factors that resulted in the determination decently, or if the logical thinking in coming to the decision was flawed. The instance of R v Secretary of State for the Home Department ex parte Cox [ 1993 ] Admin LR17, demonstrates that the tribunals are prepared to repress determinations in state of affairss affecting suited weight non being given to of import and relevant standards. In the instance of the determination in manus, it would look that equal weight was non given to the legion wellness and fittingness benefits of packaging developing. Such benefits themselves, would be in line with the aim of subdivision 2 of the Act itself. Likelihood of success of challenge Before one can get down to measure the opportunities of the success of a Judicial Review of the determination of the Council, it is of import to guarantee that leave will be granted in the first topographic point for such a Review. There are certain standards that a claim needs to fulfill before the tribunals will get down a Reappraisal: Are at that place other redresss available? One really influential factor, which the tribunal will see when make up ones minding whether or non to allow go forth to use for Judicial Review, is the presence of alternate redresss via other agencies. In this instance nevertheless, the Act bars any entreaties against the determinations of the Council. Does the Club have Locus Standi? The SCA declares that: No application for Judicial Review shall be made unless the leave of the High Court has been obtained in conformity with the regulations of the tribunal ; and the tribunal shall non allow leave to do such an application unless it considers the applier has sufficient involvement in the matter ( 6 ) In this state of affairs, sing the Club’s direct engagement in the affair in inquiry, it is most likely that such a direct personal involvement will ever represent a sufficient interest. ( 7 )Is the application within the statutory clip bounds? The application for Review must be sought every bit rapidly as possible, as there is a opportunity that undue hold could be fatal to such an application. The SCA provinces: Where the High Court considers that there has been undue hold in doing an order for Judicial Review the Court may decline to allow – leave for doing the application ; or any alleviation sought in the application ( 8 ) An applier may lose his claim to alleviation because his ain behavior has been unmeritorious or unreasonable†¦An applier may hold raised his expostulation excessively late ( 9 ) Rule 54.5 ( 1 ) of the CPR sets the clip bound for applications for Judicial Review at three months, so if the clip bound has expired, the opportunities of successfully disputing the determination are much diminished and rest on the discretion of the tribunal ; normally merely applied in exceeding fortunes. It is even a possibility that an ouster clause’ may be present in the Act, and for this ground before elaborate advice can be given, the Act would necessitate to be studied in great item. Assuming the diction is sufficiently clear, Judicial Review can be excluded all together via a clause of this type. It is evidently really of import to detect the content of the Act, as it will to some extent determine whether a challenge is available in the first topographic point. Is the Council a populace organic structure? Judicial Review is merely available to prove the lawfulness of determinations made by public bodies ( 10 ) In the seminal instance of Datafin, Lord Justice Lloyd asserted For the most portion the beginning of power will be decisive ( 11 ) The Council was set up under an act of parliament, viz. the Sporting ( Healthy Exercise ) Act and if a organic structure is set up under statute†¦then the beginning of power brings the organic structure within the range of Judicial Review. ( 12 ) First, on the balance of chances, it is likely that the Club, depending upon length of clip since the determination was announced, and the contents of the Act itself, will be granted leave to obtain Judicial Review. The concluding behind this, is that the Council is a public organic structure and is hence capable to Judicial Review and the Club has the needed locus standi’ to prosecute the claim and eventually harmonizing to the Act, there is no other signifier of entreaty against the Council’s determination. Trying to turn out one of the evidences of challenge will turn out more hard nevertheless. The land that is likely to be easiest to turn out in tribunal is procedural improperness, as it can be demonstrated reasonably confidently that the Council exhibited marks of prejudice, when coming to the determination to decline the petition from the Club. It is of import to gain nevertheless that: the most active redresss of administrative law†¦are discretional and the tribunal may keep back them if it thinks fit. In other words, the tribunal may happen some act to be improper but nethertheless diminution to intervene ( 13 ) The tribunal may make up ones mind that while determination non to present the Club money under the fund was so faulty no existent unfairness was suffered by the Club during the process. There is ever a certain grade of uncertainness when covering with Judicial Review for this really ground and so the Club could neer be guaranteed to obtain the consequence they are looking for, viz. the reversal of the Council’s determination. Abbreviations Wolverton Boxing Club – The Club Healthy Lifestyle Sports Council – The Council The Civil Procedure Rules 1998 – The CPR The Supreme Court Act 1981 – The SCA R 5 City Panel on Takeovers and Mergers ex parte Datafin Ltd ( 1987 ) – Datafin The Sporting ( Healthy Exercise ) Act The Act Footnotes 1. Graduate Diploma in Law: Constitutional and Administrative Law 2007-8 – BPP Law Courses Ltd, 2007 p218 2. Constitutional and Administrative Law ( 5th edition ) – Hilaire Barnett ( Australia, 2004 ) p707 3. Commercial Judicial Review – Philip Engelman ( London, 2001 ) p28 4. De Smith’s Judicial Review ( 6ThursdayEdition ) – Harry Woolf, Jeffrey Jowell and Andrew Le Sueur ( London, 2007 ) p530 5. Graduate Diploma in Law: Constitutional and Administrative Law 2007-8 – BPP Law Courses Ltd, 2007 p248 6. SCA 1981 s31 ( 3 ) 7. Commercial Judicial Review – Philip Engelman ( London, 2001 ) p23 8. SCA 81 s31 ( 6 ) 9. Adminstrative Law ( Ninth edition ) – Sir William Wade ( Oxford University Press, 2004 ) p702 10. Constitutional and Administrative Law ( 5th edition ) – Hilaire Barnett ( Australia, 2004 ) p710 11. Constitutional and Administrative Law ( 5th edition ) – Hilaire Barnett ( Australia, 2004 ) p711 12. Constitutional and Administrative Law ( 5th edition ) – Hilaire Barnett ( Australia, 2004 ) p711 13. Adminstrative Law ( Ninth edition ) – Sir William Wade ( Oxford University Press, 2004 ) p700 Bibliography Legislation The CPR 1998 Books The Civil Court Practice 2006 ( Vol 1 ) – published by Reed Elsevier ( UK ) Ltd, 2006 Public Law ( 3rdEdition ) – John F. McEldowney ( London, 2002 ) De Smith’s Judicial Review ( 6ThursdayEdition ) – Harry Woolf, Jeffrey Jowell and Andrew Le Sueur ( London, 2007 ) Adminstrative Law ( Ninth edition ) – Sir William Wade ( Oxford University Press, 2004 ) Constitutional and Administrative Law ( 5th edition ) – Hilaire Barnett ( Australia, 2004 ) Commercial Judicial Review – Philip Engelman ( London, 2001 ) Graduate Diploma in Law: Constitutional and Administrative Law 2007-8 – BPP Law Courses Ltd, 2007 Web sites www.lexisnexis.co.uk www.lawtel.co.uk

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Answer the question - Assignment Example Lastly, depending on the time of the day, those students who will get interviewed quite possibly will have no classes; hence have the free time to walk around. The result of this particular study may get generalized in some populations, the first one being those that exhibit high levels of the eternal validity of the study (Fraenkel &Wallen , 2009). Secondly, the population should produce a sample nature as well as the environmental conditions that prove for generalization to get made. The particular sample of study must also represent the population of interest, the sample has to be relatively large so that the usefulness of the findings become unlimited. If these particular two communities meet the conditions for generalization, then the researcher can conclude by saying that playing soft classical music increases the ability of scholars in understanding arithmetic studies. At times, a researcher may feel not interested to generalize the result of a study, and this mostly happens when the particular samples used fails to show the external validity of the study. It may also occur in those samples used shows high levels of relevancy about the characteristics of the population under study. In some cases, the samples may fail to demonstrate some of the essential part of the population under study as well as the representation of the relevant variables. Finally, when the sample size is reasonably small or narrowly defined, the generalization from this particular study becomes limited. It is true, to some extent, that the larger a sample, the more justified a researcher is generalizing from it to a population. This can only be more valid if the researcher takes into account the issue of timing and proximity, among other factors depending on the given case study (Fraenkel &Wallen , 2009). The larger sample always tends to take into consideration on most of the essential and other relevant characteristics of the entire population,