Tuesday, June 30, 2020

Human Cloning Role Of Health Care Professional In Abortion - 1375 Words

Human Cloning: Role Of Health Care Professional In Abortion (Essay Sample) Content: Your NameInstructor NameCourse NumberDateAbortionAbortion is not a new term, it has been existing for a very long and is carried out all over the world. Abortion refers to the termination of pregnancy in the early or late stages by eliminating the embryo and denying it a chance of survival outside the uterus. Abortion may occur spontaneously such as the cases miscarriage, or it may be induced purposely by the affected parties. Abortion is termed as an illegal act in most of the nations, and as a result, the use of traditional and herbal methods have been used to carry out abortion practices. The use of traditional abortion methods which involves the use of sharp objects and herbs have led to massive loss of lives. When abortion is allowed by law, it tends to be the safest procedures in medicine since it involves the use of latest medication and surgical methods.The concept of abortion is no doubt one of the trickiest topics debated over frequently. Truth be told, rega rdless of the numerous religious and legal views about abortion, abortion practices are still carried out all over the world. Over 56 million abortions are conducted from all over the world with most of the abortions performed illegally.Role of Health Care Professional in AbortionUnsafe abortions are extremely dangerous and place public health and the human right issue in a dilemma. It is a typical case that women in third world countries especially the low-income countries have limited access to health care professionals. Health care professionals play a significant role in the provision of essential abortion services. The medical professional is in a position to cancel and talk to the abortion patients and justify the reason for carrying out the abortion. The health care professional can educate the general public about safe abortions, its implications, and consequences.The Ethics of AbortionIt has been uncertain for a long time about whether abortion is ethical or unethical, but to looking at abortion in the moral point of view expounding on the good and bad related to abortion, we might be able to find common ground on abortion. Killing is unethical, punishable and prohibited by law. Since abortion involves the killing of the fetus, the principle considers the harm that the embryo poses to the mother. According to ethics, abortion is justified if it puts the life of the mother at risk. In cases where the pregnancy places the mothers life at stake, abortion is allowed to save the mothers life putting in mind that if the mother dies in the early stages of pregnancy, the embryo will also die. It is, therefore, important to save the mothers life as soon as possible to avoid the death of the mother and the fetus. There are cases where the child is unwanted by the parent; it is a common belief that an unwanted child will end up suffering. Such cases include the cases of rape, forcing the bearer of the pregnancy to keep the pregnancy endangers the life of the chi ld. It is for that reason for abortion to be conducted in the early stages to avoid drama in the future (Hurlbut Benjamin 263).Impact of New Legislation on AbortionThe current legislation which prohibits abortion and has cut off funding to an organization that offers abortion services have impacted on abortion in some ways. The new law's restriction has resulted in a significant drop in abortion rate and ratio. Besides the decline in the abortion rate, the abortion restrictions have led to increased number of traditional abortions which have resulted in massive loss of lives.In my view, abortion is illegal, sinful and devilish and should not be allowed not unless it puts the fetus or the mother at risk. In scenarios where the pregnancy places the life of the mother at an unacceptablerisk, abortion is considered more of life-saving than life taking. Besides, it saves the fetus from suffering if the mother dies.Human CloningHuman cloning refers to the development of an individual who is genetically similar to another. Human cloning involves the transfer of a persons DNA and genes. Human Cloning is done all over the world, and scientists have renewed their interest towards human cloning. Regardless of the recent attention on human cloning, the interest of human cloning has not increased since the process includes a lot of experiments which involves the donation of eggs and the probability of success are minimal. Besides, the process of collecting eggs is tiresome, time-consuming and puts the health of the egg donors at a tremendous risk.Science is charged with the ethical obligation to conduct thorough research on human cloning and present to the public the facts related to human cloning. It is widely known that as much as human cloning bears a lot of benefits to the society, it also endangers the community by putting the lives of the egg donors at risk. Human reproductive cloning could be so beneficial to the community in that those who are not in a position to conceive could still bear genetically related children. In such scenarios, the DNA of the parents are put into the donated eggs. Besides science should inform the public about the shortcomings involved with cloning. It is true that cloning human cloning is still imperfect and still involves a lot of tri...

Thursday, May 21, 2020

Womens Rights Of Women - 1434 Words

Makenzie Holman Research Brief In the early 1900s, it was very uncommon for women to have access to contraceptives or health education. Then one day, a doctor and a nurse tended to a women at home who was suffering from having an abortion. Just like many women in the U.S. at this time, she was wanting to learn how to prevent pregnancies so she did not have to have any more abortions. As the doctor and nurse left this woman s house, the women begged the doctor to teach her how she could prevent her own pregnancies. To the nurses disbelief the doctor would not give the woman one once of information. This is the moment where health education would change forever. This moment released the beginning of the fight to make contraceptives†¦show more content†¦Since violating the law was a crime that would lead to jail, Sanger fled to Europe to learn how other countries dealt with pregnancy and contraceptives. Sanger noticed that it was unfair to lower-income families that they were uneducated about health educ ation and always had to have abortions, where a lot of the time women would die, compared to higher-income families that had more access to this education and they could prevent pregnancies. After many attempts of providing information to the public and getting in trouble with the law, Sanger decided to have a new conservative approach to the public. She was getting aggravated that laws were not being passed, so she created the National Committee on Federal Legislation for Birth Control (NCFL). Birth control could be prescribed by doctors at this time, but because of the Comstock laws many doctors did not like sharing this information. This is why Sanger created the NCFL, so she could get more attention to legislators that would then create an amendment that would allow doctors to share this crucial health information with the public. After years and years of birth control propaganda and social reform, Sanger finally saw the day where the Comstock law was dropped in the 1965 Supreme Court Case in Griswold v. Connecticut. The court finally ruled that it was a constitutional right have a private use of contraceptives. Sanger also provided the start of researching the

Tuesday, May 19, 2020

How Christianity Changed Between The First Century And Its...

How Christianity changed between the first century and its legalization in the fourth century Christianity had to evolve and adapt over the centuries in order to survive. Christianity had to merge with the cultures and traditions of other religions. It took four centuries for Christianity to become legal. In the year 30, Christianity mainly consisted of Jews who accepted Jesus as the Messiah. The belief that Jesus was a savoir was the break from Judaism. Jesus was appealing to people because he was real; lived on Earth. His teachings were appealing to people and the main ideas was that Christ was a savior. Jesus taught using parables, he talked to people who had been shunned, and welcomed the poor into society. The four Apostles are the telling of Jesus with different emphasis. They traveled spreading the teachings of Christ throughout the Roman Empire and beyond. John started to preach good news and John the Baptist told the people that the kingdom of god was near. The teachings included that sins could be forgiven through Gods orders. God was a loving and forgiving father, and believed in life after death. Jesus could perform miracles, raise the dead, and cure blindness. Christianity was seen at first as a part of Judaism, and the early believers were comprised of an apoca lyptic Jewish sect. It was thought that the Lord may return at any time and the end must be close. The persecutions of the Christian’s by the Romans began when the Christian’s became tooShow MoreRelatedThe Ethical Dilemmas Of Euthanasia Essay1638 Words   |  7 PagesThe Ethical Dilemmas of Euthanasia in Canada with the Legalization of Physician-Assisted Suicide This systematic analysis of the professional literature will explore the ethical dilemmas that Canadian medical professionals face while considering euthanasia or physician-assisted suicide, the latter of which was made legal in Canada on June 17, 2016 (Chochinov and Frazee, 2016). This paper will discusses the conflicts that healthcare professionals are faced with when looking at the quality of lifeRead MoreGay Marriage Should Be Legal2286 Words   |  10 Pagesdifferently by every individual, so when a controversial subject such as gay marriage is brought to court, is the only thing that matters the justices own opinion? Gay marriage has been up for debate for centuries and gay couples are still working their way to equality. The monumental case which changed history is United States v Windsor and later in 2013, Hollingsworth v Perry. Why were the Supreme Court’s decisions on United States v Windsor so monumental? Did Proposition 8 violate the ConstitutionRead MoreSame Se x Marriage Should Be Legal in All States1390 Words   |  5 PagesSame Sex Marriage Should Be Legal in All States When you see the word marriage, what do you see or think of? Majorities of Americans will see a man and a woman together. That’s because it is a tradition that marriage is between a man and a woman. Wouldn’t it be nice if everyone could marry the love of their life? Unfortunately, same sex marriage is banned in thirty-two states and only legalized in eighteen states. So why can’t gay and lesbian couples marry each other? Same sex marriage is protectedRead MoreLegalizing Same-Sex Marriage Essay1238 Words   |  5 Pageswere children, but what about those who what to get married to the same sex. How is that possible? As you know, everything changes at some point or another, this includes marriage. That is why same-sex marriage should be legalized. It has come to a point where the idea or a â€Å"normal† marriage has to change in order to fit in with a constantly changing society. Throughout history we always hear that marriage has been between one man and one woman, whether it be from the Roman Empire, Muslims, and mostRead MoreThe Death Of Terminally Ill Patients1823 Words   |  8 Pagesway, or to prolong your life for an unknown amount of time but endure a painful and slow death. For terminally ill patients, this unfortunately is not a hypothetical situation, but a reality of their life, except the majority of them are denied the first option. Some terminal diseases, such as Amyotrophic Lateral Sclerosis (ASL, or more popularly known as Lou Gehrig’s Disease), brain cancers, or other neural or muscular degenerative diseases often lead their victims down a unimaginable, unrelentingRead MoreGay Marriage Should Be Legal2373 Words   |  10 Pagesa lot of problems, such as criminalization and legal sanction, including the death penalty, and killings. Rejection of same-sex relationships began with Christianity practices in Rome. During the fourth centu ry the first Christian emperor completely got rid of pagan beliefs and traditions and brought them their Christian practices. Christianity became more popular and eventually it influenced roman laws. The laws were put in place and it changing Rome into a new found christian society opposed toRead MoreGay Marriage Should Be Banned2461 Words   |  10 Pagesof opposite sexes for nearly 5000 years and now has come into such scrutiny that it has taken on the attention of the Supreme Court. On April 28th, 2015, the Supreme Court began the case of Obergefell v. Hodge, the dispute which would settle the legalization of gay marriage in the entire US. From such a case, the question arises: â€Å"Should gay marriage be legalized in the United States?† After analyzing the points on both sides of the feud, I came to the clear conclusion that the answer was no, gay marriageRead MoreThe Decision Of Roe V. Wade2379 Words   |  10 Pagesabortion bans. However, by the 1960’s, politi cal factions and campaigns were rising up and stirring the waters of reproductive rights. Abortion had changed during the courses of the Nineteenth and Twentieth Centuries, morphing from a private practice of the people into a great political divide. Abortion was actually easily accessible during the Nineteenth Century, but the rise of religious fundamentalism compelled citizens to become involved in either the protection of the fetus or the defense of reproductiveRead MoreProcreation2665 Words   |  11 PagesI chose procreation as a topic for this paper for a few reasons. First, because of complicity of the issue. Scope of this problem almost unlimited and correlates not only with modern legal and ethical general acceptable principals, but also with core issues of human existence. Second, I do believe, that understanding of origin of procreation and ability to build personal approach in this issue plays significant role for every professional in the Health Care System. Even if in real life situationRead MoreThe Effect of Crisis on Religion in Europe: Black Death vs. Wwii4285 Words   |  18 PagesThe Effect of Crisis on Religion in Europe: How did Black Death and World War II affect religious beliefs in Europe, with a focus on the effects it had on both the Roman Catholic Church and Jews? Candidate Name: Katie Miller Candidate Number:____________ May 2013 History Extended Essay Supervisor: Mr. Derek Parsons Word Count: 3,133 Abstract This essay is a comparative analysis of the effect that two major crises in Europe had

Wednesday, May 6, 2020

A Summary On The Boris - 1894 Words

Boris winced as he took a sip of the limboo tea. Much too sweet. He drank however, it would be rude to refuse and he had favors to ask. Across him sat the commander of the Turkish Peshmerga Aras, whose face looked like tanned leather that had been left too long in the sun the other face was much more pleasing on the eyes, it was also one of the most recognizable faces of the Kurdish resistance against the Islamic State, it belonged to Dila, a young in her early twenties with raven curly locks that refused to be straightened no matter how many times she tried to flatten them. Her plush pink lips were arranged in a perpetual smirk as her eyes danced flirtatiously whenever they caught his. She d captured the imagination of people and particularly women the world over when she d put down her law books and picked up SVD sniper rifle and picked of scores of Islamic militants from the rooftops of Suluk. A determined but ultimately futile resistance, but a reported from the Oracle had stayed to cover the horror unleashed by the Islamic State and done a feature on her. The rest of the media had picked up on the story and turned her into one of the posterchild for the rebels fighting the Islamic State. She was certainly more than capable, Aras had told him her name meant heart which seemed fitting since she d shot over thirty militants in the heart. Boris had seen her hit a bottle from some seven hundred meters. She was more than a poster girl though, she led a brigade of theShow MoreRelatedI Am Living At The Villa Borghese1389 Words   |  6 Pagesnot a crumb of dirt anywhere, nor a chair misplaced. We are all alone here and we are dead. Last night Boris discovered that he was lousy. I had to shave his armpits and even then the itching did not stop. How can one get lousy in a beautiful place like this? But no matter. We might never have known each other so intimately, Boris and I, had it not been for the lice. Boris has just given me a summary of his views. He is a weather prophet. The weather will continue bad, he says. 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Boris Groysberg is a Professor of Business Administration in the Organizational Behavior unit at the Harvard Business School. He currently teaches Managing Human Capital course in the second year elective courseRead MorePolitical Parties In Russia852 Words   |  4 Pagesparties may be closely examined in order to more fully understand the inner workings of the country (Agency, 2017). Between 1995 and 2015, 72 political parties were registered within Russia; a list of each and their ideologies would be arduous, but a summary of the dominant six is viable. These parties, along with their heads are: A Just Russia, Sergey Mironov; Civic Platform or CP, Rifat Shaykhutdinov; Communist Party of the Russian Federation or CPRF, Gennadiy Zyuganov; Liberal Democratic Party of RussiaRead MoreGlobal Warming Is False1059 Words   |  5 Pagesreleased a movie called ‘The Inconvenient truth, a movie that showed Al Gore giving a speech about the ‘facts on global warming and its ‘irrefutable repercussion. Just this past February, the Intergovernmental Panel on Climate Change released a summary that blamed global warming on CO2 released into the atmosphere by humans. With scientist backing claims that CO2 is causing global warming, the majority of Americans have made the decision that global warming is in fact true. But what Americans areRead MoreBenefits Of A Domes tic Animal1051 Words   |  5 Pagesonly beneficial for companionship, but also known to help owners in many unique ways too. Studies from as early as the 18th century, William Tuke, have found that animal owners are more emotionally stable. Shown from a study taken in the 1960s, Boris Levinson noted that different mental illness patients gain good results and tend to open up more when they were surrounded by animals (Levinson, 1962, 1969, 1972 ) and in the later years Salmon (1982), found patients in nursing homes were more â€Å"responsive†Read MoreIvan the Terrible Essay956 Words   |  4 PagesGestapo during Hitler, the Oprichniki. The Oprichniki and Ivan acted in cruelty that had absolutely no bounds. The horror of his reign was not matched until the crimes of Stalin, Hitler, or the prison camps of WWII. Jerome Horsey wrote how Prince Boris Telupa was drawn upon a long sharp-made stake, which entered the lower part of his body and came out of his neck; upon which he languished a horrible pain for 15 hours alive, and spoke to his mother, brought to behold that woeful sight. And she wasRead M oreThe European Union And Its Impending Decline1291 Words   |  6 PagesSummary: The European Union is faced with its impending decline, which has accelerated in recent weeks with anxieties regarding the British referendum, which is becoming a primary concern on the continent. A possible â€Å"Brexit† could possibly lead to the fifth largest economy in the world and the second largest economy in the Eurozone from leaving the European Union (E.U). The â€Å"Brexit† is the most contested issue both within the United Kingdom (U.K) and the European continent. In the wake of a rampantRead MoreEssay on Personality1466 Words   |  6 Pagesearly theories and many contemporary popular views are more evaluative than analytic. The French social psychologist Gustave Le Bon identified the crowd and revolutionary movements with the excesses of the French Revolution; the U.S. psychologist Boris Sidis was impressed with the resemblance of crowd behavior to mental disorder. 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Service Quality Of English Islamic Banks - 827 Words

Abdullrahim (2010) in her dissertation titled â€Å"Service Quality of English Islamic Banks† used a qualitative focus groups research methodology as a primary data collection, which is closely related to the methodology I will propose to use in my study. Abdullrahim (2010) used a mixed methodology of qualitative (focus group) and quantitative (questionnaire) to conduct the study. A modified service quality model (SERVQUAL) was used to measure the quality of service in Islamic banks in the United Kingdom (UK). The quality service model can be described as a degree and direction of the difference between customer perception and customer expectation. The researcher stated that Islamic banking in the UK, â€Å"Britain has the most active and developed Islamic banking sector in the European Union and is leading the way for Islamic banking in the west† (Abdullrahim, 2010, p. 1). The researcher focused on Muslims in the UK and what are their perceptions and evaluation of serv ice of the quality of Islamic banks in the UK. The researcher studied Islamic banks in England because there are millions of Muslims who lived in the UK and banks started to offer Sharia products (Abdullrahim, 2010; Hanlon, 2004). Abdullrahim conducted the focus group in two stages. First, â€Å"Eight focus group discussions were conducted with 36 Muslims† (Abdullrahim, 2010, p. 11). Second, â€Å"a pilot study, questionnaires were distributed by hand to Muslims in 10 cities† (Abdullrahim, 2010, p. 11). Abdullrahim asked openShow MoreRelatedThe Population Of Egypts Capital1289 Words   |  6 PagesEGYPT Demographics The population of Egypt’s capital, Cairo, consists of an estimated 86,730,000 citizens. Arabic is the official language of this Islamic religion region. 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Arbitration Free Essays

Over the past few weeks the legal advisory/employee team has been acting as an advisor to the Minnesota Department of Baby Boomer Retention, also referred to as the Department, carefully outlining advisory reports to management against their case against Mr.. Chuckles. We will write a custom essay sample on Arbitration or any similar topic only for you Order Now The advisory report offered the necessary Information and terminology for the entire arbitration process. Specifically the final binding, due process, just cause, swearing in of witnesses, presidential impact subpoenas. As the weeks progressed management has conducted their opening statement, offered their witness list, witness statements, various exhibits/documents that support their stance on the Issue, and lastly the closing statement. After careful review of the arbitration process from management’s perspective the legal advisory/employee team will offer a review listing the exemplary actions taken, and concerning actions throughout the process. Exemplary Actions and Concerning Actions opening statement: Making a clear and concise opening statement for the Arbitrator will put your case in the best light. Your opening statement should resent your case in the most advantageous manner for your client, so as to initially Incline the arbitrator to your view. It should also Include a definition of the parameters of your position and what your position is not† (American Bar, n. D. , Para. Opening Statement). Management offered a very strong opening statement which followed the guidance as presented by the team. At the start of the hearing, management introduced themselves and clearly presented the issue. As per the guidance the arbitrator Is bound to render a decision based only on the Issue presented. Management wrote a clear and concise statement of the issue, the warranted termination of Mr.. Chuckles for violation of company policy, misuse of company email, and blatant violation of the firm’s sexual harassment policy. Specifically outlining that non-verbal sexual harassment Includes but Is not Limited to the distribution, display, or discussion of any written or graphic material via email, photos, text messages, internet posting, or any other form of communication that is sexual in nature and offense will not be tolerated. Management also clearly showed how the sexual harassment policy was signed by Mr.. Chuckles 26 March 2013, In which he acknowledged that he understood the policy to include the repercussions for a breach of the policy which included termination. The Department will not tolerate harassment of any kind to our employees and maintains a zero tolerance policy for employees who engage In harassment behavior. The policy states, â€Å"non-verbal harassment Includes distribution, display or discussion or any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward and individual or group†¦ Stile work environment harassment consists of verbiage of sexual nature, unwelcome sexual materials†¦ That include texts, e-mails, cartoons or posters of a sexual nature†¦ † Management conducted a thorough investigation regarding the allegations against Mr.. Chuckles, and gathered all the necessary documentation as shown in the exhibits sexual nature to numerous employees within the past year, in whi ch Mr.. Chuckles acknowledged. Management once again identified its zero tolerance sexual harassment policy in any form, and has reserved the right to escalate this corrective action and terminate employment of Mr.. Chuckles. During the hearing the witnesses’ swore in to affirm they will respond truthfully to questions asked while they are under oath. The witnesses’ were deemed credible and had neither motive for an incorrect version (e. G. , personal bias against the grieving) or physical infirmity (e. G. , poor hearing (Holly, Jennings Welters, 2012, p. 540). All witnesses presented had relevant information that attributed to management decision to terminate Mr.. Chuckles, including physical evidence, testimony, IT information, records, polices, documentation, and witness statements. In management’s closing statement they highlight additional comments to highlight the facts regarding the termination of Mr.. Chuckles to include supervisor documentation, the impact of the victim, and union relations in which the bargaining agreement is very specific about a zero tolerance policy on harassment to include an immediate termination clause. Management was also very conscientious about notifying the union of the breach in work rules in the union bargaining agreement. The union steward was immediately notified of the termination. How to cite Arbitration, Papers Arbitration Free Essays Arbitration is the process of resolving an argument outside the formal court system.   An arbitrator listens to both parties and determines an agreement that is fairest to both parties.   As a part of the hiring process, many employers are mandating voluntary arbitration agreements between the employee and the company as part of the application process for hiring. We will write a custom essay sample on Arbitration or any similar topic only for you Order Now These types of arbitration agreements have caused concern from the Equal Employment Opportunity Commission for employee protection.   One famous case arose between the Equal Employment Opportunity Commission and Waffle House.   The rulings from the case by both the Circuit Courts and the Supreme Courts have changed the structure and proceedings for the mandatory arbitration agreements between employees and employers. When an employee of Waffle House was fired after having a seizure during work hours, the Equal Employment Opportunity Commission filed legal action against Waffle House. Because the Equal Employment Opportunity Commission was not part of the mandatory arbitration agreement between Waffle House and the employee the case was taken to the courts â€Å"In EEOC v. Waffle House, Inc., the Supreme Court held that an agreement between an employer and an employee to arbitrate employment disputes does not bar the EEOC from pursuing an independent lawsuit on the employee’s behalf and seeking employee—specific judicial relief.† (Labor and Employee Relations, 2002)   The Equal Employment Opportunity Commission filed a complaint that Waffle House was in violation of the Americans with Disabilities Act and sought punitive damages and back pay for the employee. At first glance, one might come to the conclusion that the Equal Employment Opportunity Commission has essentially replaced the arbitration process between employers and employees.   If the Equal Employment Opportunity Commission can file complaints because a representative of the commission had not signed an agreement with the company, it is natural to assume that companies would find such agreements to be futile and worthless.   Now employees can file an arbitration claim and an Equal Employment Opportunity Commission claim against employers. The main purpose of the mandatory arbitration agreements was to keep employee suits out of the court system to save both the employee and the company legal fees.   Under the Supreme Court rulings it would appear that employers are no longer protected and the use of arbitration agreements with employees would potentially increase the possibility of having a suit filed against the company. However, employers know that the number of cases that the Equal Employment Opportunity Commission actually takes to the courts is extremely low in comparison to the number of cases the commission receives annually.   The chances of a case going to litigation is significantly low as long as the employer has examined the wording of the mandatory arbitration agreements and has maintained safe and fair working practices. Even though the Supreme Court left open the statue of limitations on cases filed by the Equal Employment Opportunity Commission and the type of damages that could be sought, mandatory arbitration is still viewed as a cost effective method to settle employee disputes with companies.   â€Å"If the employee failed to mitigate his or her damages, any recovery by the EEOC would be limited accordingly.† (Labor and Employee Relations, 2002) Employers who practice sound business procedures are still protected by the mandatory arbitration agreements because an employee is limited on the types of compensation that can be claimed either by the employee or by the commission on the employee’s behalf.   In addition, many employees that sign the mandatory arbitration agreements are completely unaware of the existence of the Equal Employment Opportunity Commission or that they can file outside of the company’s chosen arbitrator for law suits against the company.   Even though technically employees have two methods to file against an employer, the reality is that most employees are ignorant of the resources at their disposal. The Supreme Court’s decision to allow the Equal Employment Opportunity Commission to represent employees outside of mandatory arbitration has not deterred companies from continuing the practice of these requiring these agreements.   Arbitration remains the most cost effective method to settle employee disputes by avoiding high legal fees for both the company and the employee.   The Supreme Court’s decision resulted in companies practicing more equitable work procedures. In addition, the decision forced companies to examine existing agreements and modify them to be more equitable to the employer.   With the changes in the arbitration agreements, the low percentage of cases taken to court by the Equal Employment Opportunity Commission and the lack of knowledge by employees of the commission’s existence the use of mandatory arbitration agreements to settle employee disputes is still cost effective and on the rise for companies. How to cite Arbitration, Essay examples Arbitration Free Essays string(98) " exercising a public function†; thus, an award made is correspondent to the judge’s decision\." Introduction The concept of party autonomy provides the fundamental basis for modern international commercial arbitration law. As a result, it is widely considered to be â€Å"the most important characteristic of legislation within the field of arbitration.†[1] Party autonomy enshrines â€Å"the fundamental freedom of parties† to determine the law which will guide arbitral proceedings they are to undergo. We will write a custom essay sample on Arbitration or any similar topic only for you Order Now [2] It has gained what Redfern Hunter identify as â€Å"extensive acceptance in national courts† worldwide[3]. This acceptance transcends the legal basis of national systems and has found expression in international conventions; for example, the Rome Convention which recognises the principle of party autonomy as a basic right of the parties[4]. Excessive judicial intervention is anathema to the autonomy of the parties and viewed by some commentators as being harmful to the arbitral process in undermining the principles so sacrosanct and unique to arbitration[5]. Alongside such intervention there are other limits to this freedom which the underlying theoretical framework influences to various degrees: â€Å"the choice of law must exist within the lex arbitri of the ‘seat’ of the tribunal and must not be contrary to public policy or natural justice considerations.†[6] This is because parties are unable to agree to a procedure â€Å"fundamentally offensive t o the notions of justice of the seat of the arbitration.†[7] This thereby makes the choice of the seat a very profound step in an arbitration process. This ‘seat’ theory is very well established within international commercial arbitration and provides an established legal framework which some advocates have argued puts the very existence of international arbitration in doubt[8]. Yet should arbitration be so â€Å"anchored†[9] within the national legal system where the award was madeIn direct contrast to the seat theory is the ‘delocalisation’ theory which provides that international commercial arbitration â€Å"should remain free from the constraints of national laws and therefore the lex arbitri†[10]. Jan Paulsson is perhaps the strongest advocate of the delocalisation theory and he argues that delocalisation has at its heart the principle of party autonomy free from the rigid constraints of the lex arbitri[11]. Both the â€Å"seatâ₠¬  and â€Å"delocalisation† theories have profound impacts upon the fundamental and enduring principle of party autonomy with the basic understanding being that while the seat theory constitutes a threat to the very essence of international commercial arbitration in facilitating excessive court intervention[12] the delocalisation theory conforms to and indeed strengthens the principle of party autonomy[13]. This essay will argue that both theories have, to a large extent, had a profound impact upon party autonomy in the manner referred to above. In part 1 the seat theory will be critically evaluated while in part 2 the delocalisation theory will be discussed before looking at both theories’ undoubted and growing impact upon party autonomy within international commercial arbitration. Part 1: The Seat Theory An arbitral process must have a ‘seat’ to which the arbitral process is ultimately tied and which therefore determines the procedural law of the arbitration: the juridicial seat[14]. This forms the basis for the Rome Convention on the Law Applicable to Contractual Obligations.[15] This is to avoid causing uncertainty which may arise from a situation where a choice has not been made. The term ‘seat’ is not synonymous with the term ‘choice of law’; rather the seat is only relevant as a determinant of the governing law of an arbitration process in place of an express mention of the choice of law governing an arbitration process[16]. The seat theory certainly represents the orthodoxy in International Commercial Arbitration[17] and the international community’s acceptance of it is unsurprising for Ahmed who observes that the theory, in essence, maintains state sovereignty[18]. It must be noted, however, that the law of the seat has varying le vels of involvement with arbitration within different jurisdictions and the quest for harmonisation of the lex arbitri is for Redfern and Hunter, as illusory as the search for â€Å"universal peace†[19]. In England, for example, the procedure to be adopted by the â€Å"arbitral tribunal is governed by the law of the country in which arbitration is seated†[20] thereby making the choice of country important as the law of the seat sometimes contains provisions which might have profound consequences for the proceedings. Apart from this, the choice of seat has great consequence in the context of the acknowledgement and re-enforcement of any award by virtue of the fact that the seat of arbitration constitutes a ground for the challenge of an award[21]. The example of France provides a strong contrast to the UK with our European cousins taking what has been described as a â€Å"more delocalised approach to international commercial arbitration†[22]. The theoretical foun dations clearly have a profound influence on the attitude of national courts to arbitration in interventionist terms. Hong-Lin-Yu states that[23], â€Å"the involvement of national courts in arbitration in the world over can be characterised as either intrusive or just supportive.† Among the arguments justifying the basis for the level of involvement discussed by Hong-Lin-Yu and which is relevant to this coursework in explaining the fundamentals of the involvement of the law of the seat in arbitration is jurisdictional theory. The Influence of Jurisdictional Theory Ahmed observes that the seat theory â€Å"emanates from† the jurisdictional theory which â€Å"places importance upon the territory or state within which arbitration is to take place in regulating the arbitral process†[24]. The theory proposes that the arbitration process â€Å"should be regulated by the national laws of the seat, or lex arbitri, and that of the country where recognition and enforcement will be sought†[25]. Therefore, the entire procedure must be regulated via the law selected by the parties, as well as the law of the seat of the arbitration; this is because â€Å"the power possessed by the arbitrator is acquired via concession given by the state from its monopoly over the administration of justice within its jurisdiction.†[26] It is widely acknowledged that these awards possess the equal status as a national Court Judge’s judgement. According to Klein[27], â€Å"the state alone has the right to administer justice, so in giving as a concession to arbitration in the administration of justice it is exercising a public function†; thus, an award made is correspondent to the judge’s decision. You read "Arbitration" in category "Essay examples" As a result, arbitrators, such as national Judges, must apply the rules of law of a particular state in order to reconcile any disputes that have been submitted. Ahmed eloquently sums up the influence of jurisdictional theory upon seat theory by observing that those who support the theory believe that the national laws of a seat have both an â€Å"automatic and legitimate† right to supervise the arbitral proceedings, or in other words, he adds, â€Å"the lex arbitri will govern arbitral proceedings†[28] which are the foundations of seat theory. As noted above Mann is one of the strongest advocates of seat theory and he has argued that it is municipal laws which are the source of the parties’ rights[29]. As noted above Mann has also insisted that, in the legal sense at least, international commercial arbitration doesn’t even exist owing to the fact that each arbitral decision is anchored within the national laws of that country[30]. Part 2: The Delocalisation Theory The principle of delocalisation refers to the partial severance of international commercial arbitration from the national laws of the seat of the tribunal[31]. Logically this also means that the arbitration should remain largely free from the lex arbitri and is truly international in character. This theory has been expressed most forcefully by Jan Paulsson whose views were described as â€Å"dangerous heresy† by Professor Park back in 1983[32]. The author is at pains though to explain that his arguments do not necessarily mean that national laws will be disregarded: it is only in certain situations, he argues, that the award should be allowed to â€Å"float† or â€Å"drift† away from the previously accepted orthodoxy of the seat theory[33]. Proponents of delocalisation also argue â€Å"that instead of the dual system of control between the lex arbitri and then the courts at the place where the award was rendered, should be replaced by just one powerful controll ing element: the place of enforcement†[34]. As Redfern Hunter note this effectively opens up the entire world for international commercial arbitrations, rendering the process: â€Å"supra national†, â€Å"a-national†, â€Å"transnational†, â€Å"delocalised†, or even â€Å"expatriate†. More poetically, this kind of arbitration is considered a â€Å"floating arbitration†, producing a â€Å"floating award†[35]. A classic case study used by many proponents of the theory is the French system which nurtures the tie amongst arbitration and the law of the country of enforcement reaches the minimum throughout the exercising of the â€Å"international public policy† and terms as provided under the New York Convention of 1958.[36] This place arbitration as â€Å"subject to the laws of the seat not being contained in French law.†[37] Under the French system, issues of arbitrability are completely left to the tribunals[38] where issues of the conflict of laws arise for determination unlike in other countries where the court can ascertain any question of validity in which there are no explicit evidence to the contrary[39]. The French position is that of total autonomy as provided under art. 1496 of Code of Civil Procedure of 1981 which gives the arbitrator the freedom to apply the law he deems appropriate in the absence of any law chosen by the parties taking into account trade usage in the application. The psychology of this section is in line with the concept of delocalisation of arbitration which allows the arbitral tribunal to operate free from national laws and most especially the lex arbitri with the only restriction being international public policy. Under the French system, the international arbitration courts are provided with restricted power to intervene as per review unless â€Å"the arbitration has some connection with France†[40] and in issues involving the setting aside of awards there are very few grounds for the challenge of an arbitration award under the French Law and this trend of minimum interference is followed in the French’s limitation of the grounds â€Å"for refusing recognition or enforcement of arbitral awards†[41]. As given by the principle of delocalised arbitration, any enforcing body is able to chose to ignore the decision made by the Court of the seat because â€Å"international arbitration cannot be deemed a manifestation of the state;†[42] therefore, international arbitration is stateless and free from the lex arbitri and indeed â€Å"floating† as noted above.[43] Hilmarton Ltd. V. Omnium de Traitement et de Valorisation (1999) 14 Mealey’s International Arbitration Report (No. 6) A-1-A-5 (High Court of England and Wales) put this position into action where the French Cour de Cassation held â€Å"that the award rendered in Switzerland is an international award which is not integrated in the legal system of that state, so that it remains in existence even if set aside and its recognition in France is not contrary to international public policy†[44]. Part 3: The Impact of seat and delocalisation theories From the above analysis of the seat and delocalisation theories, there is a clear and profound clash with the principle of party autonomy and the influence of the seat in arbitral proceedings. The basic position is that the seat theory is an obstacle to the principle of party autonomy in international commercial arbitration[45]. This is one of the chief criticisms of the orthodox seat theory and, as Ahmed rightly warns, the principle of party autonomy is in danger of becoming an anachronism if judicial intervention in international commercial arbitration goes past mere support[46]. On the other hand the delocalisation theory is perceived to have party autonomy at its heart as it arguably empowers true freedom of the parties to resolve disputes without any interference from national courts[47]. Others would go further with Pierre Lalive arguing powerfully that the parties’ private dispute should in no way be resolved with reference to national laws. As noted above the seat theo ry still has many powerful supporters and it is undoubtedly the favoured approach of many countries as it is in essence a protection of state sovereignty and allows countries to retain a degree of control of such processes[48]. Clearly the aim of the business communities’ desire in arbitration is to provide a malleable and informal process of settling disputes using the courts that tends to present the contractual outlook using their interpretation of the relationship between the parties as a contract[49]. However there is the existence of a situation where it has been claimed that arbitration concerns the differences amongst parties and existing contracts between them and the arbitrators is unsustainable. This is as a result of all of the problems surrounding the validity of the arbitral agreement and arbitrability that are chosen via the lex fori[50]. A state alone possesses the influence to pass decisions on arbitrability and that does not favour public interest or depends on every state’s economic and social policies[51]. However, while it should be conceded that that view for reducing the influence of the national law and the strength of contracts is a commendable one, this approach is not practical. The reasons for this are, firstly, as a result of the condition of the judicial review in which the court of the place of arbitration and the place of enforcement may act out supervisory powers in order to ascertain how valid the arbitrary awards. The national courts exercise this jurisdiction[52]. Secondly it is also important to note that the situation in reality, as Redfern Hunter have noted, is that despite the fact the delocalisation theory has powerful allies, â€Å"the reality is that the delocalisation of arbitrations†¦is only possible if the local law (lex arbitri) permits it†[53]. The distinguished authors cite the example of Belgium which tried to opt for delocalisation but has since changed its law owing to the simple fact that Belgium immediately became an unattractive place to settle arbitral disputes[54]. Conclusion In conclusion both the seat and delocalisation theories have exercised a strong influence over the principle of party autonomy but to different degrees. The seat theory, which undoubtedly represents the orthodox position and the preferred mode for countries seeking to preserve their sovereignty, presents a strong challenge to the principle of party autonomy. Given the prevalence of seat theory in the world this attack must be taken seriously and Ahmed is correct when he warns that the principle is in danger of becoming a â€Å"myth† should such judicial interference go beyond support to interference[55]. The example of the English courts is enough to demonstrate the dangers of excessive interference which goes beyond the â€Å"safety net† it is intended to be. On the other hand the delocalisation theory has, in the submission of this essay, had a lesser although not negligible effect upon the principle of party autonomy. Despite its noted advocates, such as Jan Paulsson , it is still very much an evolving theory[56]. Further, as Redfern Hunter have noted accurately, it is only when the lex arbitri allows it that delocalised arbitration can occur and the example of Belgium is indeed a warning that any states which embrace it do so at their own peril of parties seeking to enforce their disputes elsewhere. Of course the French courts have taken the delocalised approach to be their own while recent English decisions travel in the opposite direction[57]. The seat theory remains the orthodoxy and for now the process of harmonisation of international commercial arbitration has ground to a halt. Bibliography 1.0 Books Goode, Roy (2010) Goode on Commercial Law (4th ed) Penguin Books: London at p.1308 Andrew Tweedale and Keren Tweedale (2010): â€Å"Arbitration of Commercial Disputes: International and English Law and Practice† (Oxford University Press) Compagnie d’Armement Maritime. David St. John Sutton, John Kendall, Judith Grill(1997): Russell on Arbitration (London Sweet and Maxwell) Adam Samuel(1989): â€Å"Jurisdictional Problems in International Commercial Arbitration: A Study of Belgian, Dutch, English, Swedish, Swiss, U.S., and West German Law†. Published by Schulthess Polygraphisch verlag Redfern and Hunter(1991): â€Å"International Commercial Arbitration† .(Sweet and Maxwell) 2nd Statutes Rome Convention on the Law Applicable to Contractual Obligations [1980] Official Journal of the European Union, No L266/1 Arbitration Act 1996 French Code of Civil Procedure 1981, Book IV 4 Arbitration[1] 1958 – Convention on the Recognition and Enforcement of Foreign Arbitral Awards Journals Ahmed, Masood (2011) ‘The Influence of the Delocalisation and Seat Theories Upon Judicial Attitudes Towards International Commercial Arbitration’ Arbitration Volume 77 Issue 4 pp406-422 at p.406 Lalive, â€Å"Les regles de conflit de lois appliquees au fond du litige par l’arbitre international siegeant en Suisse† (1976) 145 Recueil Des Cours 2. Lie, Ji (2011) ‘The Application of the Delocalisation Theory In Current International Commercial Arbitration’ I.C.C.L.R Volume 22 Issue 12 pp383-391 at p.384 Mann, â€Å"Lex arbitri and locus arbitri† (1988) 104 L.Q.R. 348. Paulsson, â€Å"Arbitration Unbound: Award Detached From the Law of Its Country of Origin† (1981) 30 I.C.L.Q. 358. Paulsson, Jan (1983) ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’ I.C.L.Q vol.32 pp53-61 Hong-Lin-Yu (2004): â€Å"Explore the Void-An Evaluation of Arbitration Theories†: Part 1. Int. A.L.R. 2004, 7(6), 180-190 Julian Lew(1978): Applicable Law Mann (1983): â€Å"Lex Facit Arbitrum†. Arbitration International 245, 2(3) â€Å"Trends in the Field of International Arbitration†(1975)II Recueil Des Cours 233-234 Lord Mustill(1989): Arbitration: â€Å"History and Background†. 6 Journal of Int. Arb. [email protected] Kerr (1985): â€Å"Arbitration and the Courts: The UNCITRAL Model Law†, 84 ICLQ 1, 15 Lando(1985): â€Å"The Lex Mercatoria in International Commercial Arbitration†. 34 ICLQ 747 Cases Bay Hotel Resort Ltd. V. Cavalier Construction Ltd. [2001] UKPC 34, PC (TCI) Jakob Boss Sohne KG V. Federal Republic of Germany Application No. 18479/91†¦2.05, 8.11 Hebei Import Export Corp. V Polytek Engineering Company Ltd.(1999) 14 Mealey’s International Arbitration Report (No. 2) G-1-G-15; XXIVa YBK Comm Arbn 657-77 Mitsubishi Motors Corporation V. Soler Chrysler Plymouth Inc. 473 US 614, 105 S.Ct. ABS American Bureau of Shipping V. Shipping Co-Ownership Jules Verne(2003) Rev Arb Somm Juris 234 Green Tree Financial Corp. V. Lynn Bazzle (2000) 531 US 79, 90, 121 S Ct 513, 522 Chromalloy Aerosemica V. Arab Republic of Egypt(1993)xxii ybk Comm Arb 691 Cereals SA V. Tradex Export SA[1986]2 Lloyds Rep 301; K/S Norjal A/S V. Hyundai Heary Industries Co. Ltd [1991] 1 Lloyds Rep. 524 (CA) How to cite Arbitration, Essay examples

Modelling a Frame Subjected to Multiple Loading Conditions free essay sample

In this experiment the main aim was to modelling a frame subjected to multiple loading conditions and record how the force and strain vary to different loads. The frame represented a simple roof trusses and the loading conditions are similar to what a typical roof would undergo. In this experiment a universal fame was used with load cells to provide the load and digital force and strain instruments to record the data. As the load was increased the strain went up linear showing a linear relationship between loading and strain. After analysing results it was found that the results for experimental forces compared to theoretical forces were very close showing that this experiment was very accurate, with very small uncertainty, the reason for this is due to very sensitive equipment as a change of 1 µ? is equivalent to change of 6 N (using young’s modulus) and other factors described in detail in the report. We will write a custom essay sample on Modelling a Frame Subjected to Multiple Loading Conditions or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Table of Contents Summary 1 Introduction Pg 4 2 Theory Pg. 4 3. 1 Apparatus Pg 6 3. 2 Experimental procedures Pg 8 4 Observation and results Pg 8 4. 1 Results Pg8 4. 2 Observations Pg11 4. 3 Discussion Pg11 4. 4 Sources of error Pg11 5 Conclusions Pg12 References Pg13 Appendices Pg13 Introduction The aim of this laboratory was to carry out an experiment to measure the strain in members of a frame, where load was being applied in different loading conditions. This experiment was carried out to put to use the theory learnt in lectures and see how they actually perform in a real life model. By doing this it is possible to appreciate the limit of theoretical approach to these loading conditions and compare the errors. The model used in the experiment was that of an idealised roof truss, a roof must withstand a lot of force over a long time during its lifetime. Three 3 different loading scenarios will be modelled and the strain forces are expected to be within the range of the calculated theoretical forces. Main aims were: 1. Measure the strain in each member and record results 2. Calculate theoretical values for the experiment 3. Compare theoretical values with experimental results and calculate percentage error Theory In a frame model where there is a load being applied members of the frame will feel a compressive or tensional force. The value of the force can be worked out by resolving the forces in horizontal and vertical directions and taking moments. This is done by analysing each of the joints of Fig 1 separately. In a rigid static frame the sum of the vector forces add up to zero Fig 1 model of experiment The first loading model has is simulated with a load of 500N. First work out the value for the reaction force at the supports. Then use these values to calculate the tension in each member of the truss. Hand written theory in appendix (1) Apparatus The apparatus used in this experiment are by Tecquipment STR8 Pin-jointed Frameworks Digital force display -500N to 500 N Digital strain display- 110-9 ? Load cell 0-500N range Screwdriver Experimental procedures Test 1 1. Calibrate the load reading instruments to measure zero on channel 1 on the digital load display, if the display shows load being applied then adjust the appropriate load cell W1 by rotating the appropriate knob. Test 2 1. Carefully remove the pin that is holding load W1 and reinstate load W2 2. When no load is being applied to the members check the digital strain display, there are 13 channels one for each gauge. Each gauge must be reading zero if not use adjust the reading to read zero as close by using a small screw driver. 3. Make sure the load cell W2 does not interfere with the frame. 4. In table 1 record the strain values of each member from the digital strain display. 5. Next apply a load of 100N to the load cell W1 by turning the handle anti clockwise then read the digital strain display for channels 1 to13 and record in the table. 6. Repeat steps 5 for loads 200N, 300N, 400N and 500N 7. After recording all values reduce the load to zero by rotating clockwise. 8. Using the values of strain for 500N load calculate their equivalent member forces and record them in table 3 using the following equations : Test 3 1. For this model both load cells must be loaded on to the frame 2. In table record the strain values of each member from the digital strain display when no load is being applied 3. Next apply a load of 500N to the load cell W1 by turning the handle anti clockwise then read the digital strain display for channels 1 to13 and record in the table. 4. Switching to channel 2 on the digital force display apply a load of 100N then read the digital strain display for channels 1 to13 and record in the table 5. Repeat steps 4 for loads 200N, 300N, 400N and 500N on load cell W2 6. After recording all values reduce the load to zero by rotating clockwise. 7. Using the values of strain for 500N load calculate their equivalent member forces How to use the strain to convert into force is described in the appendix (2) 4. Results and observations 4. 1 Results CENTRAL LOADING Angled loading Multiple loading The sum of experimental forces for loading of 500 N in loading 1 and 2 4. 2 Observation Allow the equipment to stabilise by waiting 5 minutes in order to eliminate and uncertainty due to heat affecting resistance values. There are no significant health and safety risks in this experiment. 4. 3Discussion A way in which to improve the results of the experiment would be to take repeat readings of the strain for each gauge at least three times in order to eliminate any anomalous results. Another addition would be having different loading conditions on the frame and see how they affect the two gauges EF and IJ as they experience any strain which could lead to the question are these members required and do they make any difference. In loading condition 3 by having 2 load cells you create a model where there are members which are superimposed. When analysing table 8 and looking at the sum of the experimental values are larger than the theoretical value, when looking at member AH the values are notably are different when superimposed. 4. 4 sources of error The main sources of uncertainty will come from the calibration of the device as the digital strain reading instrument has an accuracy of  ± 0. 510-10 ? and the digital force display has an accuracy of 0. 5 N. These are very small values; it is difficult to zero the strain display which lead to a poor accuracy. The strain values is calculated by the change in resistance of the wire when it is under tension or compression, however change in temperature would affect the length of the wire therefore giving a different value of resistance leading to inaccurate strain reading. 5. Conclusion After analysing the results in detail it is shown that the difference in theoretical and experimental results is not significantly different and therefore using the theory of resolving forces it is possible to gain an accurate value of true member forces and equally important to simulate and model the situation in real life scenario to gain a true understanding of what is going on. Also analysing table 3 shows that is also possible to calculate the force on a complex load by adding the forces individually. References Mechanics structures and thermo dynamics –university of Warwick Mechanics lectures by Dr. T. Karavasilis http://www. tecquipment. com/Datasheets/STR8_0213. pdf 29/12/2013 Appendices Pin jointed lab briefing sheets Theory (1. ) (2). Stress strain thoery