Tuesday, May 26, 2020

Justice Scali Hernandez V. Mesa - 1021 Words

Justice Scalia: Hernandez v. Mesa Antonin Scalia was born on March 11, 1936, in Trenton, New Jersey. He received his A.B. from Georgetown University and the University of Fribourg in Switzerland. Following his graduation, Scalia attended Harvard Law School and received his L.L.B. After law school, Scalia spent six years from 1961-1967 at a private firm in Cleveland, Ohio. In 1967, Scalia began serving as a Professor of Law at the University of Virginia, and taught there until 1971. Between 1971 and 1977, Scalia served the federal government in several capacities, such as: General Counsel of the Office of Telecommunications Policy, Chairman of the Administrative Conference of the United States, and Assistant Attorney General for the†¦show more content†¦Border Patrol Agent Jesus Mesa arrived on the scene and detained one of Hernandez’s friends at the U.S. border. Hernandez fled to the Mexican side of the river and hid behind a pillar of a nearby bride. Mesa, while standing on the U.S side of the borde r, shot and killed Sergio Hernandez. Six months after Hernandez’s death, Mesa was sued in Texas’ federal district court by Hernandez’s parents. The suit claimed Mesa violated the Fourth and Fifth amendments of the U.S. Constitution by using deadly force. Mesa’s defense moved to dismiss and argued that Hernandez lacked constitutional protection because he was an illegal alien, standing in Mexico when he was killed. The district court determined through a formalist test that the Constitution’s deadly-force protection does not stretch across the border for non-citizens. Upon this decision, the U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part and held that the Fifth Amendment protections against deadly force applied but not the Fourth Amendment protections. Furthermore, the court of appeals also held that Mesa was not eligible for qualified immunity. According to ScotusBlog, the Supreme Court Justices are inclined to look at three major questions when reviewing this case. (1) Whether a formalist or functionalist analysis governs the extraterritorial application of the Fourth Amendment’s prohibition on unjustified deadly

Friday, May 15, 2020

A Interview With A Nurse At 205 Wild Basin Rd Suite 2b Austin

On Wednesday October 14th at 2:00pm I interviewed Genevieve Schaefer, a Certified Professional Midwife (CPM) and licensed midwife, in her office at 205 Wild Basin Rd Suite 2B Austin TX 78746. Genevieve is the business owner of Sister’s Midwife, a homebirth midwifery practice in Central Texas. Sister’s Midwife is located in central Austin at 205 Wild Basin Rd Suite 2B Austin TX 78746 and far South Austin at BeneVida Health Wellness Center 4100 Everett, Suite 200 Kyle, TX 78640. To find a midwife, I simply typed â€Å"midwifes in Austin† on Google and found several midwife centers online and I decided to email five of them, hoping for at least one of them to contact me back. I asked individual midwifes if they were interested in doing an†¦show more content†¦Even though I am not yet sure which program suits me best, since I’m also interested in doing a certified nursing midwife program, the information she gave me about CPM is quite similar, with only a few differences. The Bureau of Labor Statistics does not keep track of the data for CPM’s but according to the Midwifery Education Accreditation Council (MEAC), most CPM’s have a private practice, so their income is mostly based on the number of births that they attend, where they can charge anywhere from $2000-$4000 per birth depending on the location. The MEAC also mentions that your salary can depend on your location, how well you know your community, and how well you advertise your company. According to salarygenius.com the average starting wage for a certified professional midwife (CPM) is about $64,000 annually. The wages after a few years are expected to increase after you gain some experience and you can earn up to about $78,200. Finally, the top wages after several years on the job is about $92,000. One of the reasons it may be hard to get exact wages by geographic location might be because currently, CPM’s are legalized to practice in 28 states. In which case I would c hoose to work in places where it was legal and luckily, Texas is one of them. If I were to stay in Austin, TX, according to salarygenius.com, I could earn an average of $105,045. My other option in Texas would be my hometown in El Paso where I could potentially earn an average of $50,058.

Wednesday, May 6, 2020

Ban Banning Tobacco Companies From Advertising Their...

I had heard that some countries were trying to make their people to smoke less every year, first started with the ban on tobacco, but this apparently didn’t work out, so , now they are trying to make face to this problem by increasing taxes. On Feb 6, 2001 Government of India (GOI) dropped a bombshell on the tobacco Industry when it announced that it would shortly table a bill banning Tobacco Companies from advertising their products and sponsoring sports and cultural events. The objective of such a ban was to discourage adolescents from consuming tobacco products and also arm the Government with powers to launch an anti-Tobacco Program. This decision seemed to have sparked an intense debate, not just over the ethical aspects of Government s moral policing but also over the achievability of the objective itself. Reacting strongly against the proposed ban, Suhel Seth, CEO, Equus Advertising said, The ban does not have teeth. It is a typical knee-jerk reaction by any Government to create some kind of popularity for itself. According to the World Health Organization (WHO), tobacco accounted for over 3 million deaths in 1990, the figure rising to 4.023 million deaths in 1998. It was estimated that tobacco related deaths would rise to 8.4 million in 2020 and to 10 million in about 2030. There was an increasing fear that tobacco companies were inducing children and young people to begin experimenting with tobacco products, and in this way initiate regular smoking, as thisShow MoreRelatedBAN ON TOBACCO ADVERTISEMENT IN INDIA800 Words   |  4 PagesBAN ON TOBACCO ADVERTISEMENT IN INDIA In 2004 the government of India banned tobacco companies from advertising their products and sponsoring sports and cultural events. The objective was to discourage adolescents from consuming tobacco products as well as empower the government with the power to launch an anti tobacco program. . This issue created a serious problem in that it was both ethical and commercial, the government on one hand, believe it was its responsibility to protect the welfare ofRead MoreThe Case Ban On Tobacco Ads And Talks About The Conflict Of Interests Between Tobacco Producers And The Government Essay901 Words   |  4 PagesThis essay is a case study analysis that uses the case Ban on Tobacco Ads and talks about the conflict of interests between tobacco producers and the Government of India. In Feb 2001 the Government of India published the news on tabling a bill that bans Tobacco companies on advertising cigarettes and sponsoring the sports and other cultural events. (1) There are several arguments that support the Government’s decision: 1. Protection of people’s health. As World Health Organization states thatRead MoreIndias Ban on Tobacco664 Words   |  3 Pagesaddiction of marijuana and cocaine, tobacco is becoming more dangerous and damaging drug in the world. Due to its increasing effect in deteriorating health and death tolls on humans, it has become the main concern for many governments and forced them to act and take measures to minimize the damage caused by tobacco products. One typical example of these authorities is the Indian government. For this session of written assignment, I will analyze a case study of ban on tobacco Ads by Indian government. ByRead MoreThe Ban On Tobacco Advertising987 Words   |  4 PagesOn Feb 6, 2001, Government of India announced a bill banning Tobacco Companies from advertising their products and sponsoring sports and cultural events. The objective was to discourage adolescents from consuming tobacco products and also arm the Government with powers to launch an anti-Tobacco Program. Summarize the arguments for the ban on tobacco advertising in India. Advocates of free choice opposed to these prohibitions, saying these amounted to unwarranted intrusion by the state into theRead MoreArgument On The Tobacco Advertising944 Words   |  4 Pages ARGUMENT ON THE TOBACCO ADVERTISING On Feb 6, 2001 Government of India (GOI) dropped a bombshell on the tobacco Industry when it announced that it would shortly table a bill banning Tobacco Companies from advertising their products and sponsoring sports and cultural events. The people that support the government plan on banning Tobacco Companies from advertising their product, believe state had the right to intervene in the overall interest of the citizens. They also cited the exampleRead MoreThe Government Of India ( Goi ) Proposed Ban On Tobacco Advertising946 Words   |  4 Pagesproposed ban on tobacco advertising was not unusual keeping in view the international precedents. Countries like France, Finland, and Norway had already imposed similar bans. An example is Belgium whose Supreme Court (of Appeal in 1981, gave its ruling that a ban on tobacco advertising was not unconstitutional. In a case which started in 1991 and ended in 1997, RJ Reynolds Tobacco Company, marketer of Camel cigarettes, was forced to withdraw its mascot, Joe Carmel, an animated camel, from all itsRead MoreBanning Tobacco Companies From Advertising Their Products And Sponsoring Sports And Cultural Events Essay958 Words   |  4 PagesGovernment of India released shock news on the tobacco Industry when it announced that it would soon table a bill banning Tobacco Companies from advertising their products and sponsoring sports and cultural events. The reason for doing this is to discourage the company’s adolescents from overwhelming tobacco products and also arm the Government with powers to launch an anti-Tobacco Program. According to Suhel Seth, CEO, Equus Advertising said, The ban does not have teeth. It is a typical knee-jerkRead MoreThe Government Of India ( Goi ) Proposed Ban On Tobacco Advertising947 Words   |  4 Pagesproposed ban on tobacco advertising was not unusual keeping in view the international precedents. Countries like France, Finland, and Norway had already imposed similar bans. An example is Belgium whose Supreme Court (of Appeal in 1981, gave its ruling that a ban on tobacco advertising was not unconstitutional. In a case which started in 1991 and ended in 1997, RJ Reynolds Tobacco Company, marketer of Camel cigarettes, was forced to withdraw its mascot, Joe Carmel, an animated camel, from all itsRead MoreEthics : Ethics And Ethics864 Words   |  4 Pagesdecision when they announced the sudden tabling of a bill to banning Tobacco Companies from advertising their products and sponsoring sports or cultural events. The decision caused a great uproar from the people. What had pro mpted such a move? Did the GOI consider the repercussions? What legislature was in place to reinforce the ban? ITC Ltd actually commented that the legislation had not been thought thorough. Suhel Seth, CEO, Equus advertising saw the move as a government strategy to gain publicityRead MoreThe Ban of Tobacco Advertising in India757 Words   |  3 PagesIndia (GOI) announces a bill about banning Tobacco companies from advertising their product and sponsoring sport and cultural events. The bill mission is to reduce consumption of tobacco products. This paper is based on information provided by the case study and is divided into four section. The first section summarizes arguments in favor of the ban on tobacco advertising in India. The second section summarizes arguments in opposition of the ban on tobacco advertising in Indian. The third sections discuss

Tuesday, May 5, 2020

System Analysis Sustainable Innovation

Question: Discuss about the System Analysis for Sustainable Innovation. Answer: Introduction: Stakeholder refers to an individual who has something to lose or gain in regards to the outcomes of the planning process of a project. Therefore, stakeholders engagement can be perceived as the effectively eliciting of stakeholders views in relation to the organization program or project. Hence, this means stakeholder mapping analysis could be perceived as a systematic process of gathering and analysis of the qualitative information which determines the interest that should be taken into account when trying to and implementing a certain program (Cho, 2007). Therefore, stakeholders characteristics include knowledge of policy, interest that could be related to policy, positioning against potential alliances, policy with stakeholders and the ability to affect the process of policy. Considering our scenario, we have to consider certain steps in mapping the stakeholders they are; planning process, selection and definition of policy, identification of primary stakeholders, collection and recording of information, analyzing the stakeholders table and using the information available. Therefore, the achievement as a result of stakeholders analysis develops useful and accurate data in regards to our healthcare reform aim. The information available could be used to provide input in other analyses such as the developmental action plans to increase support of the guide or reform policy participation (Singh et al, 2013). Therefore, in defining the purpose according to our case scenario first we need to understand the problem. In regards to our scenario the actual issue being perceived is that patients are complaining that they require testing instruments which could enhance their self health assessment. Hence, the actual issue here is that users perceive that remote monitoring tends to of significance because the vital signs tend to be transferred daily to the monitoring services, and in case a problem arises the service provider is notified (In Talen In Valeras, 2013). But, the main issue here is that the users are in need of better feedback in regards to their health conditions, and reduce their reliance on medical staff intervening, as well as attaining confidence in regards to understanding their situation and management of care. Therefore, to effectively implement or solve this situation the stakeholders mapping will be used in our scenario. In identification of stakeholders, there are different ways to identify stakeholders each having its risks and advantage. Hence, the analysis process should be able to realize the risks of the missing keys of stakeholders and the works that avoid these risks (Martin et al, 2010). Perhaps, we could first outline our stakeholders map in 4 quadrants with stakeholders such as internal operation, internal executives, external operations and external executives. As for the internal operators their main role is consider the internal variables that could be assessed in regards to operations being done by the firm. For the external operators they consider the external variables that could be assessed in regards to operation being done by the firm. Thirdly, the internal executives work on identifying the key variables that affect the capability of executives in the internal environment from performing or enhancement of the proposed program. On the other hand, external executives deal with variables that affect the capability in the external environment from or hinder the accomplishment of the set program. Therefore, we could term all these stakeholders to be responsible in the management and implementation of the set out strategy of providing independence to patient self healthcare assessment. The set of questions that are designed to reveal the stakes as well as assist in identification of the right people to involve in our situation will be: Who do you perceive will be affected either positively or negatively in regards to what you are proposing to do? Who tends to hold the relevant official position in regards to your participation of the proposal? Who runs the proposed program with relevant interest? Have you ever proposed or thought of a similar situation in the past? Whose name in regards to stakeholders pops up in your mind when you are discussing this subject of the laid out proposal? Below will be a list of the internal and external stakeholders in regards to the health department in our scenario: Internal stakeholders External stakeholders Trustees Research scientist Procurement Director of nursing Director of the public health Head of the health intelligence Communication Board committee members Public health managers Director of programs and services Providers Acute trust Service users Patients Funders Link group Health visitors/ nurses in school Media Special interest groups If one works in a commission rather than an organization that offers services, organizations such as in our scenario need to understand that the group of stakeholders (patients and service users) are important, because competitors will be less significant that the provider organizations. On the other hand, assessing the nature of each stakeholder influence tend to have a significance. Since, groups behave differently under certain circumstances it tends to be ital to understand them (Hare, 2008). For instance, if we understand the character of internal operator in our case it means that we can perceive whether they easily understand policy, strategy and project in dependent terms of the organization. Therefore, stakeholders are believed to set policies, project and strategies in regards to the organization (Max, 2012). Hence, this means that listing possible stakeholders such as in our case tends to create the required estimates which are influential and important. Thirdly, carrying out an investigation on stakeholder will help to determine their characteristics, interests, and situations in a better way. It is important that the stakeholders convey their own concern. Therefore, useful methodologies analysis should include: Brainstorming will help to generate ideas and identify issues within the stakeholder groups. The session form will help to record points that can be prioritized and sorted. The formation of focus group will help to discuss on the topic with the stakeholders. An informal checklist of issues in semi-structured interviews is commonly used to guide the interview with the stakeholder group. The following approach is useful to cross-check; identify common ground, determination of the decision-making frameworks, and identification of the tradeoffs of stakeholders. Time lines can be constructed with the stakeholders of history links and the impacts of institutions, processes, and policies with the discussion of effect and cause of different changes. Diagrams help to get an idea of what would be the overall plan. Therefore, they help to motivate discussions by both literate and non-literate people. However, in general visualizations and diagrams work as because they gives focus on discussing issues, stimulate ideas, representing complex issues and therefore help in decision-making (In Abdibi, 2015). Some stakeholder influences and interests are therefore much more apparent than others. It is significant to remember that interests are difficult to describe - they may be multiple, hidden, or in contradiction with the objectives or aims of the organizations to which the stakeholders belong (Jeffries Battin, 2012). Some of these influences and interests are likely to disclose themselves slowly only, for reasons of personal or political expediency, whilst others, may have to be left well alone. Fourth, in regards to patterns and contexts of interaction between stakeholders, the four Rs tend to be the tool used in assessing our stakeholders responsibilities, rights, rewards and relationship with other groups. Lastly, assessing the results in regards to our stakeholder we could perceive that their recommendations are that the attainance of independence by patient in regards to monitoring their health tends to be an effective strategy of treating patients. But, some tend to believe that the implementation of such a program could yield negative results in terms of patient care. This is because medical specialists are professions and have adequate knowledge in terms of healthcare delivery. Therefore, having user monitor their own care could lead to negative response in terms of healthcare delivery. Thus, in regards to the results of our stakeholders analysis we could agree that the proposal should not be implemented as it may affect the quality of healthcare. Case Diagram Actor Actor represents the role of the user of the IT system. It is significant in the IT system to determine and evaluate the role of the users. In many IT system, the role describes the users should log in into the systems. Use case Use case describes interactions and communications that take place between IT systems and actors while the execution of the processes. It represents the functionally of IT system and also enables the users to access the functionally. Association Association is the relationship between the actor or check in employee and the use case. Therefore, it shows that the actor execute and accomplish the use case. Include Relationships Include relationship describe the relationships between the use cases. Therefore, it shows arrow points describing the use case within the diagram. The figure shows a model of the relationship. The use case shows express check point in the diagram at which case is producing boarding pass. It shows that the whole process of generating boarding pass that is carried out. References In Adibi, S. (2015).Mobile health: A technology road map Jeffries, P. R.,Battin, J. (2012).Developing successful health care education simulation centers: The consortium model. New York: Springer Pub. Co. Jorna, R. J. (2006).Sustainable innovation: The organisational, human and knowledge dimension. Sheffield: Greenleaf. Hare, K. (2008).Perception Gaps and the Adoption of Information Technology in theClinical Healthcare Environment. Martin, L. T., Fremont, A. M., Felton, A., Ruder, T., Bird, C. E., Miyashiro, L., Hanson, M., ... Missouri Foundation for Health. (2010).A prototype interactive mapping tool to target low health literacy in Missouri. Santa Monica, CA: RAND. In Talen, M. R., In Valeras, A. B. (2013).Integrated behavioral health in primary care: Evaluating the evidence, identifying the essentials. New York, NY: Springer. Singh, A., Gonzalez, E. T., Thomson, S. B. (2013).Millennium development goals and community initiatives in the Asia Pacific. New Delhi: Springer India. Ma, X. (2012).Rfid-based business process and workflow management in healthcare: Design and implementation. Cho, S. (2007).A contextualist approach to telehealth innovations.