Bollywood Research Paper Example | Topics and Well Written Essays - 2000 words

Bollywood - Research Paper Example The introduction of Bollywood or Indian movies began in the early 1800’s, during the British Colonial regimes. Perhaps one of the most dominant characteristics of Bollywood movies since their introduction is the essence of nationalism. That is, giving the movie certain aspects that associates it with Indians. One of these aspects that was used since their introduction is the use of Hindi language to dominate a large portion of the movie. It is important to note that Hindi is not the only language spoken in Indian, but forms part of the over one hundred languages spoken in this highly populated country.2 However, the reason why Hindi was chosen as the appropriate language of producing Bollywood movies was based on the fact that it was a popular language used for trading purposes. Many people could understand it owing to the fact that it had certain dialects associated with their native languages. These native languages include Assamese, Bengali, Marathi and Odia, which all adde d up to form Hindi. Years later, the language was made a national language; hence giving Bollywood movies the essence of nationality. Additionally, Bollywood movies have been characterized by a high sense of musical eclecticism since their introduction, up to the independence, a characteristic that is still evident up to date. During the initial stages of introducing Bollywood movies, the types of music that were used for its creation incorporated musical genres such as: Folk music, Carnatical classical music, religious music from Northern and other parts of India. Carnatical classical music is a musical system commonly linked with the southern part of the India that has an emphasis on vocals. This idea was strongly supported by the pioneer of Bollywood movies, Dadasahib, who believed that indigenous aspects of Indian film production would facilitate the acquisition of their future freedom. 3 Consequently,

Social Problems in the UK | Analysing the British Welfare State

Social Problems in the UK | Analysing the British Welfare State IS THE BRITISH WELFARE STATE RESPONSIBLE FOR MANY CONTEMPORARY SOCIAL PROBLEMS? Introduction The idea of a welfare state can be taken to have different meaning depending on the way it is applied. The welfare state in all countries is however supposed to meet some basic objectives or needs of a state and therefore takes care of the welfare of all the members. There are some basic ideas that pertains the formation of any welfare state. The welfare state is taken as the ideal model of provision of comprehensive and universal welfare for the citizens which means the state is responsible for the needs of its citizens. Another idea on a welfare state is the concept of the welfare that is provided by the state, for example, in the USA. Welfare state takes also an idea of the social protection that is delivered by the state. In this case protection is provided by a combination of independent and voluntary government services. This paper will look closely that the welfare state in British and look into how it has strived to address some of the contemporary issue that continue to be a burden to the society. (Deacon 2002, p. 71) British Welfare state British social welfare date back to many years ago when the Beveridge Report of 1942 proposed for the formation of a National Insurance that would help to address the needs of the oppressed and the most poor in the state. In particular it was to look at family allowance, National Health Service and full employment. This was followed by the enactment of 1946 National Insurance Act, National Health Service Act of 1946 and the 1948 National Assistance Act which abolished the Poor Law and made some provisions for welfare services. The welfare state after 1948 was aimed at addressing some issues like social security, health, housing, education, and welfare of children. British welfare state is based on three main principal elements. They include: A guarantee of minimum standard The welfare state ensures that there are minimum standards that the citizens can have or are guaranteed to have. This is in order to ensure that there is social equality among all the citizens of the state. These minimum standards include even minimum income for all people. This is in order to ensure that all the citizens are ensured of at least the lowest living standards that they can live under in the society. As a part of the society, this principle is meant to ensure that there are not individuals who are live a high standard of life while there are others in the same society who lives in deplorable state. Social protection This is an element which is aimed at giving sense of security to all the people in the society. This is meant to ensure that all individual living in the society have a sense of security as pertain to various issue in the society. It is also means to avoid the exploitation of individual in the society in the sense that the rich can exploit the poor. Therefore social protection in this context goes beyond providing security to all people but also protecting individual and especially the children. In this regard this element takes a more broad approach and considers everyone as their brothers keeper. (Kaplan 2007, p. 15) Providing services at the best level As welfare state, it has a responsibility of providing basic services to its citizens. This means that the state has the duty of seeing that all those living in the county have access to basic services that they need for their survival. This element states that the role of the state doesnt not end in provision of these services but it extend to provision of the services in a more equitable manner. The services have to be availed to all the citizens and provided in the best way possible. In other worlds, it means that the state has the duty of serving the citizens rather than the citizens serving the state. These are the three elements that characterize the British welfare state. These principles define the role of the state and the duty that the state has toward its citizens. The British Welfare state has been identified in its practice with the â€Å"institutional† model of welfare. The key elements in the social welfare of the state include social protection and the provision of welfare service to the citizens on the bases of ensuring that there is observance of individual rights. (Murray1996, p. 72) But unlike what has been highlight above, the social welfare in the UK is not implemented on the bases of the three principles. The coverage of the welfare is very extensive but on the other hand the benefits and the services are delivered at a low level. This means that it is not all those who are target who get the right services or who benefit from the coverage of the service. The social protection principle is very patchy and the services that are provided are very much rationed. As such the welfare state in Britain may have succeeded in coming up with a very comprehensive social welfare policy but it is one thing to come up with such a policy and another thing to make it work altogether. From the above analysis we have seen that though the coverage of the state is quite large, the deliver of service is not well covered and the benefits are not felt by many people. Then could it be the weakness in the delivery of the three principles could be attributed to many of the contemporary issues that the state is facing currently British Welfare state and contemporary issues Currently there are many issues that have been highlighted in the British welfare state which can be directly attributed to the failure of the state. This has been due to failure by the state to put in place policies that address the needs of the citizens appropriately. As a result, there has been changing perspectives of the role of the state on its citizens and the capitalist approach has encroached in the society. Slowly, the welfare state has been turning to a man eat man society though many of us are unwilling to accept this concept as we consider ourselves right as compared to others. But there is a general concession from all the citizens that there are contemporary issue that were not there before that have suddenly surged into our society. Though there are other issues that can be attributed to this, the overall cause of these has been the failure by the state to address the needs of its citizens well. The tide of globalization has come up with many changes in the society like the change in our culture and our traditions but the fact remains that these issues have come to and the state should not take it as wave that will eventually end. There should have been systematic efforts aimed at addressing some of these issues. For example, some of the issue like teenage pregnancy has been caused by the breakdown of our culture and the mix up with the outside culture. (Haralambos and Holborn 2004, p. 142) However, we cannot attribute this to the wave of globalization alone as there are other factors at the interplay. For example, if the state realizes the change in our culture, what has it done to prevent the occurrence of such issues? Are there strict laws that have been drafted that try to address the issue? And most of all can the state look at the patter of these occurrences and try to address the root cause? It has been shown that the rate of teenage pregnancy is quite high in low income areas than in high income areas. Has the state done anything to address such an inequality? These are some of the questions every time we point at a particular contemporary issue that the society is facing. There are so many questions that the state ought to have addressed but which it has not. The first important way to address this issue it to first find the root causes of the contemporary problems that we are facing. One of the root causes of the problems that we are facing is inequality in the society. This inequality is not vested only in the level of income of the citizens but also in the way the citizen access resource from the government. It all goes back to the issue of political representation in the country. Our political system has it that most of the regions which are not well represented political do not access resources the same way as other areas. Most of the areas which are inhabited by people not of original British results are usually not well represented in the political arena. Therefore those areas do not receive services the same way as other areas. (Lavalette and Pratt 2003, p. 9) One of the areas that have witnessed most inequalities is the health sector. There have been many studies which have shown inequalities in the way the British citizens have access to health services. The Black Report was especially crucial in highlighting how the state has failed to address the health needs of the citizens. This report and others gave an account of how those areas which are politically represented in the government have access to health services while those coming from areas which are not politically well represented have problems accessing health services. Therefore the evidenced difference in health care can be directly attributed to demographic inequality in the provision of health service. This is likely to have a lot of implications on the citizens since it will affect the heath status of the citizens. Therefore there are many other ways in which social welfare of the state has failed to address the needs of the citizens. This has led to a massive inequality in the way the public have access to services. Lack of these basic services can be attribu4ed to a number of issues that are facing the modern society. For example there is a close association between economic inequality and the rate of crime. In this regard there has been increased rates of crime in the low income regions that in the high income regions. It has become difficult for the welfare state to address the needs of those coming from low income areas and therefore they have resulted to criminal activities. Instead of the state moving to address the root cause of increased crimes in these areas, it concentrates more on putting in place measures that ensure that those who are convicted of crimes are held in jails. In case they were the bread winners of their families, the cycle continuous as their wives and their children are caught in the same trap of crime. (Wilson 1990, p. 62) Conclusion Therefore we can say that the failure by the British welfare society to address the needs of its citizens can be directly attributed to be the root cause of many social issues that the country is facing right now. One of the root causes of all the contemporary issue has been the failure by the state to address the high rates of inequalities in the society. This inequality has apparently been the cause of many other problems that the society is facing right now. Reference: Deacon, A. (2002). Perspectives on Welfare. Buckinghamshire, UP. Haralambos, M. Holborn, M. (2004). Sociology: Themes and Perspectives. London: Collins. Lavalette, M. Pratt, A. (2003). Social Policy: A Conceptual and Theoretical Introduction. London: Sage. Murray, C. (1996). Charles Murray and the Underclass, London: IEA Health and Welfare Unit Wilson, W. J. (1990). The Truly Disadvantaged: The Inner City, The Underclass and the Public Policy. Chicago: University of Chicago Press Kaplan, G. (2007). Health Inequalities and the Welfare state. University of Michigan

Computers :: science

Computers A common misconception about computers is that they are smarter than humans. Actually, the degree of a computer ¹s intelligence depends on the speed of its ignorance. Today ¹s complex computers are not really intelligent at all. The intelligence is in the people who design them. Therefore, in order to understand the intelligence of computers, one must first look at the history of computers, the way computers handle information, and, finally, the methods of programming the machines. The predecessor to today ¹s computers was nothing like the machines we use today. The first known computer was Charles Babbage ¹s Analytical Engine; designed in 1834. (Constable 9) It was a remarkable device for its time. In fact, the Analytical Engine required so much power and would have been so much more complex than the manufacturing methods of the time, it could never be built. No more than twenty years after Babbage ¹s death, Herman Hollerith designed an electromechanical machine that used punched cards to tabulate the 1890 U.S. Census. His tabulation machine was so successful, he formed IBM to supply them. (Constable 11) The computers of those times worked with gears and mechanical computation. Unlike today ¹s chip computers, the first computers were non-programmable, electromechnical machines. No one would ever confuse the limited power of those early machines with the wonder of the human brain. An example was the ENIAC, or Electronic Numerical Integrator and Computer. It was a huge, room-sized machine, designed to calculate artillery firing tables for the military. (Constable 9) ENIAC was built with more than 19,000 vacuum tubes, nine times the amount ever used prior to this. The internal memory of ENIAC was a paltry twenty decimal numbers of ten digits each. (Constable 12) (Today ¹s average home computer can hold roughly 20,480 times this amount.) Today, the chip-based computer easily packs the power of more than 10,000 ENIACs into a silicon chip the size of an infant ¹s fingertip. (Reid 64) The chip itself was invented by Jack Kilby and Robert Noyce in 1958, but their crude devices looked nothing like the sleek, paper-thin devices common now. (Reid 66) The first integrated circuit had but four transistors and was half an inch long and narrower than a toothpick. Chips found in today ¹s PCs, such as the Motorola 68040, cram more than 1.2 million transistors onto a chip half an inch square. (Poole 136) The ENIAC was an extremely expensive, huge and complex machine, while PCs now are shoebox-sized gadgets costing but a few thousand dollars. Computers :: science Computers A common misconception about computers is that they are smarter than humans. Actually, the degree of a computer ¹s intelligence depends on the speed of its ignorance. Today ¹s complex computers are not really intelligent at all. The intelligence is in the people who design them. Therefore, in order to understand the intelligence of computers, one must first look at the history of computers, the way computers handle information, and, finally, the methods of programming the machines. The predecessor to today ¹s computers was nothing like the machines we use today. The first known computer was Charles Babbage ¹s Analytical Engine; designed in 1834. (Constable 9) It was a remarkable device for its time. In fact, the Analytical Engine required so much power and would have been so much more complex than the manufacturing methods of the time, it could never be built. No more than twenty years after Babbage ¹s death, Herman Hollerith designed an electromechanical machine that used punched cards to tabulate the 1890 U.S. Census. His tabulation machine was so successful, he formed IBM to supply them. (Constable 11) The computers of those times worked with gears and mechanical computation. Unlike today ¹s chip computers, the first computers were non-programmable, electromechnical machines. No one would ever confuse the limited power of those early machines with the wonder of the human brain. An example was the ENIAC, or Electronic Numerical Integrator and Computer. It was a huge, room-sized machine, designed to calculate artillery firing tables for the military. (Constable 9) ENIAC was built with more than 19,000 vacuum tubes, nine times the amount ever used prior to this. The internal memory of ENIAC was a paltry twenty decimal numbers of ten digits each. (Constable 12) (Today ¹s average home computer can hold roughly 20,480 times this amount.) Today, the chip-based computer easily packs the power of more than 10,000 ENIACs into a silicon chip the size of an infant ¹s fingertip. (Reid 64) The chip itself was invented by Jack Kilby and Robert Noyce in 1958, but their crude devices looked nothing like the sleek, paper-thin devices common now. (Reid 66) The first integrated circuit had but four transistors and was half an inch long and narrower than a toothpick. Chips found in today ¹s PCs, such as the Motorola 68040, cram more than 1.2 million transistors onto a chip half an inch square. (Poole 136) The ENIAC was an extremely expensive, huge and complex machine, while PCs now are shoebox-sized gadgets costing but a few thousand dollars.

Immanuel Kant’s theories

Kant’s theories are in great contrast with other philosophers. He was a retributivist who believed that punishing wrongdoers though they are rational beings, is right, as long as the crime they did fits such penalty. Punishment without reasons or jailing someone for petty theft is unjust. He spoke about punishment on the critique of practical reasons which contrast with Jeremy Benthan a utilitarian theorist who considers punishment as evil and advocates for punishment to cause more positive impacts on the person punished. (Robert, 2000).As Betham supports rehabilitation efforts in prisons Kant found such efforts immoral as they acted against ones personal rational choices. Kant rejects manipulation of people even when the causes and reasons are just. People should be allowed to reason for themselves and their decisions should be respected. Kant criticized other theories on the grounds that they were only hypothetical and could not be applicable in the real world. Some theories argue that the greater good ought to be considered when acting but such would be irrelevant to someone whose interest is not on maintaining the common good.Hypothetical moral systems should not be used to determine the moral action as they are very subjective while in the real sense people’s interests vary. He rejected Hume’s theory on the ideal theory of the mind. To Kant analytical methods should not be used to explain what is physically evident. To him, synthetic reasoning involves relating concepts that are not directly related to the subject concept. A prior knowledge can be used in the metaphysics study. (Bayne, 2000) Kant criticizes the utilitarian view that happiness is the highest goal.He opposes this view as it created loopholes where people would be used simply as means to achieve or attain happiness. This would be disrespecting the fact that all human beings are rational and can choose or plan and anticipate their future. Kant portrays the categorical impe rative approach where he sees all human beings as occupants of a special place in creation. People have different needs which ought to be satisfied using certain means. He uses the term maxim to refer to intentions or principle of action. Human beings should not act in a way that portrays other people simply as means to an end but as an end to itself.In working to attain the maxim people should not use others simply as means to an end. People used should benefit from the arrangement and their consent should be sought. To him, duties should be beneficial to people used in the process of attaining the goals. I agree with Kant’s theory as all people should be treated with equality and with respect. There are two types of imperatives. The hypothetical imperative tells of what we ought to do to achieve a goal. The categorical imperative leads to absoluteness since human beings are rational and can govern their actions. People should only act on maxims that can become universal law .To Kant, there are universal moral laws that are logically necessary. People’s actions should therefore be performed according to the acceptable universal laws of morality. Individuals should act according to the same general, future and moral laws. (Robert, 2000). All people should be treated with moral respect. Deception should not be considered even when being applied for wrongdoers. To Kant, duties can be perfect or imperfect. Imperfect duties entail working to develop our talents since they are given to us for a purpose while perfect duties entail a duty to others.Kant rejected the ethical force brought about by tradition and coined the modern idea of autonomy. He brought about the idea of centrality of rational thought. Each person can make free and autonomous choices and they are compelled by rationality and the categorical imperative in their decisions. Adherence to categorical imperative provides for autonomous ethical choice since people make their decisions ration ally. In pursuit for various maxims all parties involved benefit from the arrangement. Autonomous means self legislating.Autonomy of the will is the ability of the will to be a will in itself while the will refers to the means by which a maxim can become a universal law. Heteronomy means the capacity to follow law other than itself to produce a universal law of morality. (Collins, 2000) To Kant, objects do not have value but man gives them value through their rational goals and desires. Human beings have an intrinsic worth or dignity. They should therefore act in good will out of a sense of duty and use the categorical imperative. What we give to society comes back to us and we ought not to harm others but work in ensuring that they benefit from out actions.

Civil Procedure Outline

Civil Procedure Outline I. Personal Jx- in what states can the ? sue the ?. a. In personam- pwr over the person. General jx- the ? can be sued in that state for a claim that arose anywhere in the world. Specific jx- the ? is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The ? is served with process in the forum- presence- general jx 2. Service on the ? agent in the forum 3. The ? is domiciled in the forum- general jx 4. The ? consents to jx 2. Hess v Pelosky- expanded the traditional basis for in personam jx 1.The ? wanted to sue the ? for causing an accident in the state, but under the traditional way couldn’t serve process bc the ? had left the state. That state court was able to uphold jx through the nonresident motorist statute- if you drive in our state; you are consenting to in personam jx and appointing a state official as your agent for service. Always specific jx. 3. International Shoe v. Washington 1. There is jx if the ? has such minimum contacts with the forum so that jx, does not offend traditional notions, fair play and social justice. i. You can serve process outside the forum by this time, as long as you meet the Shoe Test ii.There are 2 parts contact and fairness iii. Doesn’t overrule Pennoyer, test if ? is not present when served 4. McGee 1. The TX company solicited the business in CA 2. CA had an interest in providing justice for its residents. 5. Hansen 1. Under Internaitonl shoe the contact btwn the ? and the forum must result from the ? ’s purposeful availment. The ? must reach out to the forum. 2. No jx in FL over a DE bank, the bank only serviced a client in the forum, didn’t reach out. 6. World Wide Volkswagen- 1. NY family buys car in NY to move to AZ, in car accident in OK sue in OK for a car defect, sue 2 NY ? n OK, no jx 2. No purposeful availment by the ?. 3. It must be foreseeabl e that the ? could get sued in that state, not that your product could get to the state. 7. Burger King- MI residents owned a franchise in FL; got sued there and the ? argued that it was unfair to allow suit in FL 1. Court makes it clear that there are 2 parts under International Shoe: contact and fairness. 2. Contact is assessed first, it no relevant contact then it could be fair to sue there but still no jx. 3. The ? had reached into FL for a franchise so contact met, the ? said it was unfair and the Court said tough you can travel i.Court said that you have to show that you are at such a great disadvantage that it would be unfair to litigate there ii. Tough to prove bc wealth of the parties is irrelevant. 8. Asahi Metal v. Superior Court NO LAW 4-4 split – stream of commerce case. 1. Brennan theory -it is a contact if I put the product in the stream of commerce and I reasonably anticipate it could end up in states c, d, e 2. O’Connor theory- need the Brennan theory plus an intent to serve states c, d, e 9. McIntyre- stream of commerce NO LAW- split 3 ways- English company only reaches out to Ohio; the Ohio Company then sells everywhere.Individual hurt in Jersey and sues the English company there, Supreme Court no jx, Majority agreed on no jx 1. 4 justices adopt O’Conner theory- found no intent 2. Bryer and another –don’t take sides, agrees with both tests just doesn’t see enough facts 3. Ginsburg- dissent- would have found jx, she said if you target the US, then you can be sued in any state where your product does harm 10. Burnham- Jersey ? sued in CA, the ? is present in CA when served with process. Sued on general jx. The question raised is whether traditional service is good by itself or do you need to go through the International Shoe test as well.Split 4-4 1. Scalia theory- that presence when served is ok by itself. Traditional basis is an alternative to International Shoe test. 2. Brennan theory- always apply International Shoe test, it has replaced the traditional basis. 11. Goodyear- when is there general jx. 1. Prior to Goodyear, Court said that there was general jx provided that the ? had continuous and systematic contact with the forum. 2. Goodyear -not enough, now need this, and also the forum must be a place where the ? is essentially at home i. For ppl- domicile ii. For business- state of incorporation and principle place of business 3.This cannot be based simply on buying and selling in the state. ii. Steps for analysis 1. Constitutional Analysis- does a traditional basis apply- it may be enough, then mention the split that International Shoe always applies 2. The Shoe Analysis 1. Must be relevant contact with the forum i. Purposeful availment on the part of the ?. ii. Foreseeable that you could get sued there, not that your product gets there. 2. Specific or General Jx -relatedness- does this claim arise from the ? contact with the forum. i. If yes, then you can sue for specifi c jx. ii. If no, then you can only sue for general jx. 3. fairness factors- it’s up to the ? to show that it is a burden 1. inconvenience for the ? 2. forum state’s interest 3.? interest 4. interest in efficiency 5. shared substantive policy iii. Statutes- every state has statutes for residents for service and notice. 1. Every state has statutes for traditional service- domicile. 2. For non-residents 1. Nonresident Motorist Statute- specific jx- had to stem from a car accident 2. Long Arm Statute- go after nonresidents, specific jx, i. CA- we have jx to the fullest extent of Constitution. ii. Laundry List- transacting business, commits a tortuous act in the forum. I. e. : ? akes a widget in State A and sells widget to ? in State B and ? is injured, did tort occur in state b- courts are split. b. In Rem- pwr of the court over a ? property w/in jx- the fight btwn ? and ? is about the property, the fight is whose land is it i. Attachment statutes- court can attach propert y that ? owns or claims to own ii. Constitution- Shaffer v Heitner- held that seizing property at the outset of the suit is not enough. Additionally, the ? must meet the International Shoe standards. c. Quasi In Rem- pwr of the court over a ? w/in the jx-the suit at hand has nothing to do with property ownership. i. Pennoyer v.Neff- dealt with the underlying case btwn Mitchell and Neff- breach of contract. Court held that it is fine to use property but the property had to be attached at the time of filing the suit. ii. Attachment statutes and Constitutional Tests are the same for quasi in rem. II. Notice- has to be given to the ? and she has to have a chance to be heard a. Service of Process- FRCP Rule 4- process- consist of the summons and a copy of the complaint i. Summons content- Rule 4 a 1 ii. Service can be made by any non party who is at least age 18-Rule 4 c 2 iii. How to serve an individual- Rule 4 e 2- 3 ways 1. Personal service- can be done anywhere . Substituted service- must be done at ? dwelling or usual abode, and must serve someone of suitable and discretion WHO RESIDES THERE! 3. Serve the ? agent iv. Also look to Rule 4 e 1- allows methods of state law where either the federal court sits or the state laws in the state where process is served v. Serving a Business- Rule 4 h 1- you can serve an officer, or a managing or general agent. Rule 4 e 1 also applies vi. Waiver of Service- Rule 4 d- waiving process by mail. If form not mailed back, have to do it the normal way, but the ? will have to pay for the service of process b. Constitutional Element- if you become aware that the ? idn’t receive service, you might have to try another way. III. Subject Matter Jx a. Diversity of Citizenship i. 28 US  §1332 a 1- 2 Requirements for Diversity 1. Case is between citizens of different states 2. Amount in controversy exceeds $75,000 1. Citizens of different states i. Complete diversity rule- there is not diversity if any ? is a citizen of the same state as any ?. ii. A US citizen is a citizen of the US state in which you are domiciled. YOU ONLY HAVE ONE DOMICILE 1. Physical presence 2. Form the intent to make it your permanent home 3. Citizenship of a Corporation 28 US  §1332 i. State of incorporation AND i. Where the principle place of business 1. Hertz case- the principle place is where the managers direct, control, and coordinate the business activities- Nerve Center (usually headquarters) 4. Non incorporated business 1. Look at citizenship of all the partners/members ii. Amount in controversy 1. Must exceed $75,000 2. Aggregation- adding multiple claims to reach the required amount. We aggregate claims if there is one ? and one ?. Cannot aggregate if there are multiple ? and multiple ?. 3. If there are joint claims, use the total amount of the claim. Here the number of parties is irrelevant. b. Federal Question i. 8 US  §1331- we need a question that arises under federal law ii. Well pleaded complaint rule 1. Look on ly that the compliant. 2. Focus on the claim itself 3. Is the ? enforcing a federal right, is so meets the well pleaded complaint rule. 4. RR v Mottley- Court held that the Mottley’s weren’t enforcing a right under the federal law and not a federal question. c. Supplemental Jurisdiction i. 28 US  §1367- gets non-federal question, non-diversity claim into federal court ii. Mine Workers v Gibbs-labor disputes in mines- ? sued the ? on a federal claim and a state claim that arose from the same transaction or occurrence.Supplemental jx is ok if claim 1 and claim 2 shares a common nucleus of operative fact, then both claims can come in. Gibbs test- same overall dispute. Gibbs is always met if the 2 claims arise from the same transaction or occurrence 1. Does  §1367 a grant jx? Yes if it meets Gibbs 2. Does  §1367 b take jx away? ONLY APPLIES IN DIVERSITY CASES and only takes away jx over claims by the ? , not the ?. d. Removal - §1441,  §1446,  §1447 i. Allows a ? sued in state court to have a case removed from state court to federal court. If the case doesn’t belong there, then the federal court will remand it back to the state court. i. General rule it is removable if there is federal subject matter jx 1. EXCEPTION- you cannot remove a diversity case if any ? is a citizen of the forum, in state ? rule. Only applies in diversity, not federal question. 2. All ? must agree to the removal 3. You must remove w/in 30 days of service of the document that first makes the case removable. Usually, 30 days of service of process, from service, not from filing. 4. You can remove only to the federal district court that embraces that states courts (I. e. – if filed in St Louis, then you can only remove to Eastern Dist. of Missouri) IV. Venue .  §1391 a- diversity and b- federal question- same for both diversity and federal question i. Lay venue in any district where all ? reside. 1. If all ? reside in the same state but different distri cts, you can lay venue where any of them reside. 2. Reside- for ppl- domicile- same as citizenship. For businesses-  §1391 c (applies to all businesses)- business resides in all district where it is subject to personal jx when the case is filed. ii. Lay venue in any district where a substantial part of the claim arose b. Transfer of Venue- moving from one court to another in the same judicial system.The original federal court- transferor. The court to which we send it is the transferee.  § 1404 and  §1406- IN BOTH STATUTES THE TRANSFEREE MUST BE A PROPER VENUE AND HAVE PERSONAL JX OVER THE ? W/O WAIVER BY THE ?. i.  §1404- Convenience for parties and witnesses and in the interest of justice 1. Public and Private Factors- footnote 6 of Piper case ii.  §1406 a- The transferor is an improper venue- you can dismiss or transfer the case in the interest c. Forum non convenient- a court dismisses bc there is another court that makes more sense for the case to be tried. You dismis s bc transfer is impossible.The proper court is in a different judicial system. Usually applies in cases where the proper court would be a foreign court. i. Piper Case- case dismissed in the US fed court by of forum non convenient- should have been filed in Scotland 1. Reasons to dismiss- footnote 6 of Piper case. Common sense. V. Erie Doctrine a. In federal court in a diversity case- an issue is to be decided, the judge must decide if she must apply state law. i. Erie- In a diversity case, the judge must apply state law for substantive state law. Erie decides this- Rules of Decision Act  §1652 and the US Constitution- 10th Amendment. . Element of a claim is always substantive law ii. Hannah v. Plumer- shows that Erie Doctrine is 2 doctrines: 1. Is there a federal law on point that directly conflicts with state law, Ie: FRCP, statutes, Rules of Evidence. , If there is yes, we apply the federal law as long as it is valid (based upon the Supremacy Clause of the Constitution. ) 1. Te st validity under the Rules Enabling Act  §2072- Shady Grove-4 justices said that all you have to show that the rule is arguably procedural; Stevenson- said you have to look and see if the rule intrudes into state policy.A FRCP has ever been invalidated. 2. If there is no federal law, Erie Prong- Rules of Decision act and Constitution- if substance, must follow state law. iii. Three tests for is it substantive law 1. Outcome Determinative- Guarantee Trust v. York- under state statute of limitations case was filed too late, case filed in federal court, judge wanted to ignore state on statute of limitations, court held no bc it is outcome determinative. If you apply the state law, case dismissed. If you apply federal rules, the case goes forward. Bc there are different outcomes, it is substantive. 2.Balance the interest- Byrd v Blueridge- state law said a specific issue is decided by a judge, not jury. Filed in federal court, judge wanted to let it go to the jury. Not clearly outcom e determinative, but court said if something is not clearly substantive, follow state law, unless the federal court has an interest in doing it differently. Weigh the interests of the 2 systems. In this case there was no reason for this rule, so the federal interest outweighed the state interest in this case. 3. Twin aims of Erie- comes from Hanna 1. Avoid forum shopping 2. Avoid inequitable administration of law. i.To apply this, ask at the beginning of the case, if the federal judge ignores this state law, will it cause parties to flock to federal court. We don’t want this bc it provides an advantage to diversity cases. VI. Pleadings a. Complaint- pleading filed by ?. Rule 8 a i. Statement of subject matter jx ii. Short and plain statement of the claim iii. Demand for relief 1. Historically- notice pleading. Put enough in there to put the others side on notice. 1. Twombly and Iqbal- interpretation of Rule 8 a 2 i. The court will ignore conclusions of law ii. The ? must plea d facts supporting a plausible claim iii.Court will use its own experience and common sense to decide what is plausible- Subjective 2. You must give more facts/plead detail for fraud, special damages b. The ? response- Rule 12 i. The ? must respond w/in 21 days ii.? can respond by answer or motion 1. Rule 12 e- motion for a more definite statement 2. Rule 12 f- motion to strike from a pleading iii. Rule 12 b Defenses- 7 defenses- motions to dismiss, can be made by motion or by answer 1. Subject matter jx 2. Personal jx 3. Improper venue 4. Insufficient process- document px 5. Improper service of process- px with service 6. Failure to state a claim . Failure to join a party under Rule 19 (indispensable party) iv. Rule 12 g and h- strict things about waiver 1. Defenses Rule 12 b 2-5 must be put in the first Rule 12 response (motion or answer- which ever you do first) if you don’t put them in, then they are waived 2. Rule 12 b 6 and 7 can be raised for the first time any time th rough trial (not on appeal) 3. Rule 12 b 1 can be raised at any time (any time even on appeal) v. Answer must include 1. Must respond to the complaint 1. Rule 8 b 2. Failure to deny- is an admission, exception for damages 2. Must raise affirmative defenses Rule 8 c . Raises a new fact, and if ? is right they win 2. Must plead them or risk waiver of them VII. Joinder a. Determined the scope of the litigation. First find the Joinder rule then look for subject matter jx i. Claims of joinder Rule 18 a- you can put in any claims you want b. Claim Joinder by the ? i. Counterclaim- Rule 13 a and b- claim against an opposing party (against someone who sued you. 1. Rule 13 a- compulsory counterclaim- one that arises from the same transaction or occurrence. Must be claimed now or waived. Cannot be brought separately. Only compulsory counterclaim.Always meets  §1367 a and doesn’t get knocked about by  §1367 b bc b only applied to claims by ?. This is a counterclaim by a ?. 2. Rule 1 3 b-Permissive counterclaim- doesn’t arise from the same transaction or occurrence, can be brought now but doesn’t have to be. ii. Crossclaim- Rule 13 g- against a co-party 1. Always must arise from the same transaction or occurrence. Not compulsory, can be filed not or later. c. Proper Parties i. Rule 20 a- tool available to the ?. 1. Rule 20 a 1- can join together if claims arise from the same transaction or occurrence and raise at least one common question 2.Rule 20 a 2- which ? can the ? join. Same as above d. Necessary and indispensable parties i. Absentee party is necessary (party A) ii. Rule 19. Is A necessary? Rule 19 a 1- A is necessary if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court cannot accord complete relief. 2. 19 a 1 B i- if A interest may be harmed if they are harmed. 3. 19 a 1 B ii- if A interest may subject ? to multiple or inconsistent obligations. Joint tortfeasers are not necessary to bring into a suit. iii. Is it feasible t o bring in party A 1. Will bringing in party A mess up diversity 2.Is there no personal jx over party A iv. If they are necessary and the party cannot be joined 1. Proceed w/o party A- run risk of harms 2. Dismiss the entire case- not fair to the ? 1. 19 b tells you what to consider- 4- we don’t dismiss unless the ? has another forum to receive relief in (i. e. maybe a court that has jx over all parties where the case could be refiled. ) i. Keep in mind, when the court decides to dismiss, then we label the absent party as indispensable and Rule 12 b 7 kicks in. e. Impleader- Rule 14- joining someone new- third party practice. The third party ? may be liable to the ? or the ? ’s claim i. e. -indemnity or contribution i. Can only be brought by the ?. This new party is third party ?. Rule 14 a 1 ii. Once the third party ? is brought in, the ? can assert a claim against the third party ? as long as the claim arises from the same transaction or occurrence. Rule 14 a 3 iii. The third party ? can assert a claim against the ? as long as it arises from the same transaction or occurrence. Rule 14 a 2 f. Intervention- Rule 24 the absentee party brings themselves into the case i. Must do so timely ii. Must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right Rule 24 a 2- you have a right to intervene if your interests may be harmed if you are not joined. 2. Permissive Intervention Rule 24 b 1- you can join at the court’s discretion if your claim has a common question with the underlying claim. g. Class Action- always brought by the representative- they sue on behalf of the ? class i. Meet the requirements of Rule 23 a 1. Numerocity- joinder of all parties would be impractical 2. There has to be a question in common with all claims 3. Representative parties claims are typical of the class 4. Representative parties will adequately protect the interest of the class ii.Types of Class Action 1. Rule 23 b 3- have to show common que stions predominate over individual questions. 2. The class action is the best way to settle the suit. iii. Motion to certify 1. Not a class action until the court certifies. If it does certify then it must define the class and appoint class council Rule 23 c iv. Notice of Pendency 1. IN THE RULE 23 b 3 CLASS THE COURT GIVES NOTICE TO ALL PPL IN THE CLASS. You have the right to opt out of the class or risk being bound by the result. This notice is paid for by the representative. 2. All parties of the class are bound unless they opted out of the class.You can only opt out of a B 3 class, not a B 1 or 2 v. Settlement of a certified class action 1. Must be approved by the court- they get feedback from members of the class action vi. Subject Matter Jx 1. Citizenship of the class action is determined by the representative party 2. Amount of controversy is the representative’s claim amount VIII. Discovery a. Required Disclosures- Rule 26 a 1 i. Must identify ppl anyone who has disco verable information that could be used on the merits during trial ii. Must identify documents, electronic info, or things that may be used iii. Rule 26 a 3- Pretrial disclosures . Discovery Tools i. Deposition Rule 30-oral deposition and 31- written deposition 1. You can depose a party or non party. To deposition a nonparty, you need to serve with subpoena bc they don’t have to show up. ii. Interrogatories Rule 33 1. Written answers under oath must respond to them in 30 days 2. Only go to parties iii. Request to produce Rule 34- asking to see stuff 1. Can be sent to parties and non parties. To get the nonparty you need a subpoena iv. Medical examination 1. Need a court order 1. Need to show that the condition is in controversy 2. Must show cause 2.Can only get a medical exam from a party or someone w/in that party’s control. (IE parent-child, but not employer-employee) v. Request for admission Rule 36 1. THESE CAN ONLY BE SENT TO PARTIES 2. Force you to admit or deny a ny discoverable matter (if you don’t deny- you admit) c. Scope of discovery i. You can discover anything that is relevant to a claim or a defense. You can discover anything that could reasonably lead admissible evidence ii. Privileged matter is not discoverable. Confidential communication in certain relationships iii. Work product- Rule 26 b 3- trial prep materials Hickman v Taylor 1.Material prepared in anticipation of litigation. Not discoverable. 2. Work product protection can be overcome if you can show: 1. Substantial need 2. Not otherwise available 3. Mental impressions, conclusions, opinions, and legal theories are never discoverable 4. DOES NOT HAVE TO BE GENERATED BY A LAWYER!!! Can be generated by a party themselves or a representative. IX. Pre Trial Adjudication a. Rule 12 b 6- Motion to dismiss for failure to state a claim i. Only looks at the complaint- determine if everything the ? said is true, would she win? If not, then no need to continue the matter for tria l. ii.Looks at complaint- complaint must show enough facts to support the claim. (IE all elements necessary for a tort, if one left out, grounds for 12 b 6). Courts usually allow pleadings to be amended b. Summary Judgment Rule 56 a- judge looks at facts/evidence i. Moving party must show 1. There is no genuine dispute on a material fact 2. She is entitled to judgment as a matter of law ii. This evidence is provided by parties to the judge. The information is written and given under oath. iii. The court takes the evidence and decides if there is a genuine dispute of material fact- if there is then there must be a trial to settle the dispute.X. Trial a. Right to Jury Trial- 7th amendment-Civil Cases i. Preserves the right to a jury in actions at law, not equity. ii. Depends on whether we would have had the right to a jury in England in 1791 1. Is this claim analogous to an action that was available in England in 1791 2. We focus on the remedy the ? is seeking 1. Remedy at law- damage s to compensate you for the harm suffered. Jury 2. Equity courts- No Jury i. Injunction ii. Specific performance iii. Rescission iv. Reformation 3. Historically, it was all or nothing for a jury, change in 1950. Now, we do it issue by issue.Every factual issue for legal relief- you get a jury, if the claim has both, you get a jury. Usually the jury issues are heard first. b. Motions- you don’t get to a jury until you present enough info to get to the jury i. Motion of Judgment as a matter of law- Directed verdict- Rule 50 a- if it is granted the case is taken from the jury and the judge decided 1. Rule 50 a 1- reasonable ppl could not disagree on the results, therefore the judge is going to rule. Must be done by motion. 2. Rule 50 a 2- cannot move for this until the other side has been heard at trial. ii.Renew motion for Judgment as a matter of law- Judgment notwithstanding the verdict- Rule 50 b- comes up after trial, after a return of the verdict by the jury. 1. If granted, the court is saying that the jury reached a conclusion that reasonable ppl could not have reached. 1. Must be moved for w/in 28 days after the judgment. 2. To make this motion, you have moved for this at the appropriate time at trial. If you didn’t, you waived the right to do this after trial. iii. Motion for New Trial 1. Timing the same as judgment notwithstanding the verdict, 28 days after entering the judgment. 2.Something went wrong in the first trial that affected the outcome and a redo is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The final judgment rule i. In federal court you cannot appeal until the trial court enters a final judgment on the merits of the entire case. 1. To determine if it is a final judgment- after making this order, does the trial court judge have anything left to do on the merits? 1. Interlocutory appeal- an appeal taken before final judgment is entered. b. Interlocutory Review i. Statutory 1.  §12 92 a- orders about injunctions 2. 1292 b-trial court and appellate court agree to review ii. FRCP 1. Rule 23 f- allows you to ask for an appeal following the certification of a class action class. 2. Rule 54 b- cases with multiple claims or parties, court may allow appeal iii. Collateral Order Rule- common law 1. Issue separate from the merits of the case. 2. Comes up in cases when the ? claims immunity from suit XII. Preclusion – always involves two cases a. Claim Preclusion/Res Judicata- you get one suit to vindicate a claim; you can only sue on a claim once. i. 3 elements for claim preclusion 1. Must show that both cases were brought by the same ? against the same ?. . Case one ended in a valid final judgment on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was based on jx, venue, joinder of parties. 3. Both cases are based on the same claim 1. Claim is the same transaction or occurrence- Majority View 2. Primary rights- you get a different claim for each right invaded- Minority View b. Issue Preclusion/ Collateral Estoppel – you only have to litigate issues in the 2nd trial that weren’t litigated in the first trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. Have to show that same issue was litigated and decided in the first trial 3.Have to show that that issue was essential to the judgment in the first case. 4. Against whom is issue preclusion used. You can only you it against someone who was a party to the first trial. 5. By who is issue preclusion being used- Mutuality- issue preclusion can only be used if you were a party to the first trial. Most states have gone to allowing non-mutual issue preclusion- means it is being used by someone who is not a party to the first trial as long as there was the opportunity to fully litigate in the first trial. 1. Non-mutual defensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? sing issue pr eclusion. 2. Non-mutual offensive issue preclusion- being used by someone who was not a party to the first trial and she is the ? using issue preclusion. Most courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane Hosiery i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. Foreseeable litigation iii. You could not have easily joined in the first trial. iv. No inconsistent judgments v. No new procedural options.

Medical Coding Essay Example

Medical Coding Essay Example Medical Coding Paper Medical Coding Paper To come up with a reliable and proper health information system, we need to understand various sections of the information system that form its underlying pillars. These include: Database characteristics and structure A database is an organization of data in a logical form. â€Å"Data† is a body of fact or figures, which have been collected systematically for one or more specific purposes. It can exist in the forms of linguistic expressions (e. g. name, age, address, date, ownership), symbolic expressions (e. g. traffic signs), mathematical expressions (e.  g. E = mc2) among others. Data is stored in a â€Å"database† which is structured to store various types of information in its different forms (Blair, 1999). Therefore a database can be defined as an automated, formally defined and centrally controlled collection of persistent data used and shared by different users in an enterprise (Date, 1995 and Everest, 1986) Information â€Å"Information† is the data which have been processed into a meaningful form understandable by a recipient and is of perceived value in current or prospective decision making. Data is converted into information through processing like modeling, structuring, conversion and organization. The health facility information system is usually designed to process data by accepting input, processing it and releasing the output in form of information (Cimino, 2006). This information is organized in the information domain. The information system is therefore perceived as being made up of four components: data, technology, process (or application) and people. medical data and information records relevant to the project Some of the information that could be relevant to this project could be Patient name and contacts, medical prescriptions, medical conditions, the patients’ medical history, visiting dates, doctors’ contacts, relevant doctors to various illnesses, doctors’ appointments (Blair, 1999; Health Level Seven, 2008). The importance of uniform terminology, coding and standardization of the data The benefit of using uniform terminology, coding and standardization of the data is hinged in common understanding and interpretation. Uniform coding will ensure that drug administration and medical prescriptions do not conflict rather remain uniform throughout the healthcare facility (Blair, 1999). This therefore requires standardization to ensure that irrespective of the person’s understanding, common meaning is achieved in the health sector. Information standards and organizations that may be applicable, and possibly required To achieve this standardization within a health care facility, there are various information standards and organizations that may be necessary, applicable and possibly required in the project. Such programs include: 1. Unified Medical Language System (UMLS) Metathesaurus developed in 1986. UMLS is useful in developing and distributing multi-purpose electronic Knowledge Sources which is related with lexical programs. Therefore, UMLS use in the project shall enhance system applicability on patient data and decision support (Cimino, 2006). 2. HISB (Health Information Standards Board). HISB is a branch of American National Standards Institutes Healthcare Informatics (ANSI), which is a standards Board provides forum for the voluntary coordination of standards of healthcare informatics. 3. Institute of Electrical and Electronics Engineers, Inc (IEEE), which sets standards for computers. 4. The IOM Committee on Patient Safety Data Standards, a group within the Institute of Medicine that has the charge of producing a detailed plan to facilitate the development of data standards applicable to the collection, coding, and classification of patient safety information (Szolovits, 2003). 5. International Classification of Diseases (ICD-9CM) Clinical Modification, which provide a way to classify morbidity data for indexing of medical records, medical case reviews, and ambulatory and other medical care programs (Szolovits, 2003). 6. Digital Imaging and Communications in Medicine (DICOM), developed for the transmission of images used internationally for Picture Archiving (Szolovits, 2003). References Blair, J. S. (1999). An Overview of Healthcare Information Standards: IBM Healthcare Solutions. Retrieved July 23, 2008 from http://lists. essential. org/med-privacy/msg00186. html Cimino JJ. (2006), Twenty-First Century Desiderata for Controlled Medical Vocabularies: Methods of Information in Medicine 5, p. 218-231 Health Level Seven: Links to Standards Developers. Retrieved July 23, 2008 from hl7. org/standards/developer. htm Szolovits, P. (2003). Nature of Medical Data: MIT, Intro to Medical Informatics: Retrieved on July 23, 2008 from http://groups. csail. mit. edu/medg/courses/6872/2003/slides/lecture2-prin t. pdf

Free Essays on Free Speech and Internet

Internet: An Unrestricted Global Media Should it be illegal to publish literature with "indecent" content on the Internet but perfectly legal to publish that same work in print? This question has spawned the debate over Internet censorship, which is currently raging in the United States Congress as well as in other political forums around the world. The question as to whether the Internet should be censored will continue to be debated for many years to come. As with any political topic, the debate over Internet censorship has its extremes. Many proponents of Internet censorship want strict control over this new information medium. These proponents suggest creating laws for the Internet similar to those now in place for television and radio. Those strongly opposing Internet regulations, such as the Citizens Internet Empowerment Coalition (CIEC), assert that the Internet is not like a television and should not be regulated like one. Both sides base their respective arguments on how they view the new information mediu! m. Though the laws that Congress is proposing to regulate the Internet are well intentioned, I strongly believe that the Internet should not be censored. Any law encroaching on the people's right to free speech is an obvious breach of First Amendment rights and because laws limiting Internet speech are too broad and unenforceable on this global medium. Today's youth has the ability to look up a variety of materials on the Internet. One source of heated debate is the availability of bomb recipes on the Internet. Should people be allowed to publish these instructions on such a public forum, or should the government, instead, step in and regulate? Some argue that since the government already censors television and the print media, it should take steps to censor the Internet as well. Censorship is an extremely sensitive issue. It infringes upon the First Amendment rights of an individual. Some people, however, feel that th... Free Essays on Free Speech and Internet Free Essays on Free Speech and Internet Internet: An Unrestricted Global Media Should it be illegal to publish literature with "indecent" content on the Internet but perfectly legal to publish that same work in print? This question has spawned the debate over Internet censorship, which is currently raging in the United States Congress as well as in other political forums around the world. The question as to whether the Internet should be censored will continue to be debated for many years to come. As with any political topic, the debate over Internet censorship has its extremes. Many proponents of Internet censorship want strict control over this new information medium. These proponents suggest creating laws for the Internet similar to those now in place for television and radio. Those strongly opposing Internet regulations, such as the Citizens Internet Empowerment Coalition (CIEC), assert that the Internet is not like a television and should not be regulated like one. Both sides base their respective arguments on how they view the new information mediu! m. Though the laws that Congress is proposing to regulate the Internet are well intentioned, I strongly believe that the Internet should not be censored. Any law encroaching on the people's right to free speech is an obvious breach of First Amendment rights and because laws limiting Internet speech are too broad and unenforceable on this global medium. Today's youth has the ability to look up a variety of materials on the Internet. One source of heated debate is the availability of bomb recipes on the Internet. Should people be allowed to publish these instructions on such a public forum, or should the government, instead, step in and regulate? Some argue that since the government already censors television and the print media, it should take steps to censor the Internet as well. Censorship is an extremely sensitive issue. It infringes upon the First Amendment rights of an individual. Some people, however, feel that th...

The Tragic and Shocking Assassination of JFK

The Tragic and Shocking Assassination of JFK On November 22, 1963, the youth and idealism of America in the 1960s faltered as its young President, John F. Kennedy, was assassinated by Lee Harvey Oswald while riding in a motorcade through Dealey Plaza in Dallas, Texas. Two days later, Oswald was shot and killed by Jack Ruby during a prisoner transfer. After researching all the available evidence about Kennedy’s assassination, the Warren Commission officially ruled in 1964 that Oswald acted alone; a point still greatly contested by conspiracy theorists worldwide. Plans for the Texas Tour John F. Kennedy was elected to the presidency in 1960. A member of an illustrious political family from Massachusetts, the World War II  naval veteran Kennedy and his young wife, Jacqueline (â€Å"Jackie†), charmed their way into the hearts of America. The couple and their beautiful young children, three-year-old Caroline and infant John Jr., quickly became favorites of every media outlet across the United States. Despite a somewhat turbulent three years in office, by 1963 Kennedy was still popular and thinking about running for a second term. Although he had not officially announced his decision to run again, Kennedy planned a tour that resembled the beginnings of another campaign. Since Kennedy and his advisers were aware that Texas was a state where a win would provide crucial electoral votes, plans were made for Kennedy and Jackie to visit the state that falls, with stops planned for San Antonio, Houston, Fort Worth, Dallas, and Austin. It would be Jackie’s first major foray back into public life after the loss of her infant son, Patrick, in August. Arrival in Texas The Kennedy’s left Washington, D.C. on November 21, 1963. Their first stop that day was in San Antonio, where they were met by a welcoming committee led by Vice President and Texan Lyndon B. Johnson. After attending the dedication of a new aerospace medical center at the Brooks Air Force Base, the President and his wife continued on to Houston where he delivered an address to a Latin American organization and attended a dinner for Congressman Albert Thomas. That night, they stayed in Fort Worth. The Fateful Day in Dallas Begins The following morning, after addressing the Fort Worth Chamber of Commerce, President Kennedy and First Lady Jackie Kennedy boarded a plane for a brief flight to Dallas. Their stay in Fort Worth was not without incident; several of Kennedys Secret Service entourage were spotted drinking in two establishments during his stay there. No immediate action was taken against the offenders but the issue would arise later in the Warren Commission investigation of Kennedy’s stay in Texas. The Kennedys arrived in Dallas just before noon on November 22 with approximately 30 members of the Secret Service accompanying them. The plane landed at Love Field, which would later serve as the site of Johnson’s swearing-in ceremony. They were met there by a convertible 1961 Lincoln Continental limousine that was to take them on a ten-mile parade route within the city of Dallas, ending at the Trade Mart, where Kennedy was scheduled to deliver a luncheon address. The car was driven by Secret Service agent William Greer. Texas Governor John Connally and his wife also accompanied the Kennedys in the vehicle. The Assassination Thousands of people lined the parade route hoping for a glance at President Kennedy and his beautiful wife. Just before 12:30 p.m., the presidential motorcade turned right from Main Street onto Houston Street and entered Dealey Plaza. The presidential limousine then turned left onto Elm Street. After passing the Texas School Book Depository, which was situated at the corner of Houston and Elm, shots suddenly rang out. One shot hit President Kennedy’s throat and he reached up with both hands toward the injury. Then another shot struck President Kennedy’s head, blowing off a part of his skull. Jackie Kennedy leapt from her seat and started scrambling for the back of the car. Governor Connally was also struck in the back and chest (he would survive his wounds). As the assassination scene was unfolding, Secret Service agent Clint Hill jumped from the car following the presidential limousine and ran up to the Kennedys’ car. He then jumped onto the back of the Lincoln Continental in an attempt to shield the Kennedys from the would-be assassin. He arrived too late. Hill, however, was able to help Jackie Kennedy. Hill pushed Jackie back into her seat and stayed with her the rest of the day. Jackie then cradled Kennedy’s head in her lap all the way to the hospital. The President Is Dead As the driver of the limousine realized what had occurred, he immediately left the parade route and sped toward Parkland Memorial Hospital. They arrived at the hospital within five minutes of the shooting. Kennedy was placed on a stretcher and wheeled into trauma room 1. It is believed that Kennedy was still alive when he arrived at the hospital, but barely. Connally was taken to trauma room 2. Doctors made every attempt to save Kennedy but it was quickly determined that his wounds were too severe. Catholic priest Father Oscar L. Huber administered last rites and then chief neurologist Dr. William Kemp Clark pronounced Kennedy dead at 1 p.m. An announcement was made at 1:30 p.m. that President Kennedy had died from his wounds. The entire nation came to a standstill. Parishioners flocked to churches where they prayed and school children were sent home to mourn with their families. Even 50 years later, nearly every American who was alive that day can remember where they were when they heard the announcement that Kennedy was dead. The President’s body was transported to Love Field via a 1964 Cadillac hearse supplied by Dallas’ O’Neill funeral home. The funeral home also supplied the casket that was used to transport Kennedy’s body. When the casket arrived at the airport, the President was loaded onto Air Force One for transport back to Washington, D.C. Johnson’s Swearing In At 2:30 p.m., just prior to Air Force One leaving for Washington, Vice President Lyndon B. Johnson took the oath of office in the conference room of the plane. Jackie Kennedy, still wearing her blood-splattered pink dress, stood at his side as U.S. District Court Judge Sarah Hughes administered the oath. During this ceremony, Johnson officially became the 36th President of the United States. This inauguration would be historical for many reasons, including the fact that it was the first time the oath of office was administered by a woman and the only time it occurred on an airplane. It was also notable for the fact that there was not a Bible readily available for Johnson to utilize during the swearing in, so instead a Roman Catholic missal was utilized. (Kennedy had kept the missal on Air Force One.) Lee Harvey Oswald Although the Dallas police closed down the Texas School Book Depository within minutes of the shooting, a suspect was not immediately located. Approximately 45 minutes later, at 1:15 p.m., a report was received that a Dallas patrolman, J.D. Tippit, had been shot. Police were suspicious that the shooter might be the same in both incidents and quickly closed in on the reported suspect who had taken refuge in the Texas Theater. At 1:50 p.m., police surrounded Lee Harvey Oswald; Oswald pulled a gun on them, but the police successfully arrested him. Oswald was a former Marine who was identified as having ties to both communist Russia and Cuba. At one point, Oswald traveled to Russia with hopes of establishing himself there; however, the Russian government believed him to be unstable and sent him back. Oswald had then attempted to go to Cuba but failed to get a visa through the Mexican government. In October 1963, he returned to Dallas and procured a job at the Texas School Book Depository through a friend of his wife, Marina. With his job at the book depository, Oswald had access to the eastern-most sixth floor window where he is believed to have created his sniper’s nest. After shooting Kennedy, he hid the Italian-made rifle that was identified as the murder weapon in a stack of boxes where it was later discovered by police. Oswald was then seen in the depository’s second-floor lunchroom approximately a minute and a half after the shooting. By the time police sealed off the building shortly after the assassination, Oswald had already exited the building. Oswald was captured in the theater, arrested, and charged with the murders of President John F. Kennedy and patrolman J.D. Tippit. Jack Ruby On Sunday morning, November 24, 1963 (just two days after JFK’s assassination), Oswald was in the process of being moved from the Dallas Police Headquarters to the county jail. At 11:21 a.m., as Oswald was being led through the basement of police headquarters for the transfer, Dallas nightclub owner Jack Ruby shot and killed Oswald in front of live television news cameras. Ruby’s initial reasons for shooting Oswald were because he was distraught over Kennedy’s death and he wanted to spare Jackie Kennedy the difficulty of enduring Oswald’s trial. Ruby was convicted of killing Oswald in March 1964 and given the death sentence; however, he died of lung cancer in 1967 before an upcoming re-trial could occur. Kennedy’s Arrival in Washington D.C. After Air Force One landed at Andrews Air Force Base just outside of Washington D.C. on the evening of November 22, 1963, Kennedy’s body was taken via automobile to the Bethesda Naval Hospital for an autopsy. The autopsy found two wounds to the head and one to the neck. In 1978, the published findings of the congressional House Select Committee on Assassinations revealed that JFK’s brain had gone missing at some point during the autopsy. After the autopsy was completed, Kennedy’s body, still at the Bethesda Hospital, was prepared for burial by a local funeral home, which also replaced the original casket that had been damaged during transfer. Kennedy’s body was then transported to the East Room of the White House, where it remained until the following day. At Jackie’s request, Kennedy’s body was accompanied by two Catholic priests during this time. An honor guard was also stationed with the late President. On Sunday afternoon, November 24, 1963, Kennedy’s flag-draped casket was loaded onto a caisson, or gun wagon, for transfer to the Capitol rotunda. The caisson was pulled by six grey horses and had previously been used to carry the body of President Franklin D. Roosevelt. It was followed by a riderless black horse with reversed boots placed into the stirrups to symbolize the fallen President. The Funeral The first Democrat to lie in state at the Capitol, Kennedy’s body remained there for 21 hours. Nearly 250,000 mourners came to pay their final respects; some waited up to ten hours in line to do so, despite the cold temperatures in Washington that November. The viewing was supposed to end at 9 p.m.; however, a decision was made to leave the Capitol open overnight to accommodate the throngs of people who arrived at the Capitol. On Monday, November 25, Kennedy’s coffin was taken from the Capitol to St. Matthew’s Cathedral, where dignitaries from over 100 countries attended Kennedy’s state funeral. Millions of Americans stopped their daily routines to watch the funeral on television. After the service concluded, the coffin began its final procession from the church to Arlington Cemetery. Black Jack, a riderless horse with polished boots turned backward in its stirrups, followed the caisson. The horse represented a warrior fallen in battle or a leader who would lead his people no longer. Jackie had her two little children with her and as they exited the church, three-year-old John Jr. stopped for a moment and raised his hand to his forehead in a childish salute. It was one of the most heart-wrenching images of the day. Kennedy’s remains were then buried at Arlington Cemetery, after which Jackie and the President’s brothers, Robert and Edward, lit an eternal flame. The Warren Commission With Lee Harvey Oswald dead, there remained many unanswered questions about the reasons for and the circumstances surrounding John F. Kennedy’s assassination. To answer these questions, President Lyndon Johnson issued Executive Order No. 11130, which established an investigatory commission that was officially called the â€Å"President’s Commission on the Assassination of President Kennedy.† The commission was led by the Chief Justice of the Supreme Court, Earl Warren; as a result, it is commonly referred to as the Warren Commission. For the remainder of 1963 and most of 1964, the Warren Commission intensively researched all that had been discovered about JFK’s assassination and Oswald’s assassination. They carefully examined every aspect of the case, visited Dallas to examine the scene, requested further investigations if facts seemed uncertain, and poured over the transcripts of literally thousands of interviews. Plus, the Commission conducted a series of hearings where they heard testimony themselves. After nearly a year of investigating, the Commission notified President Johnson of their findings on September 24, 1964. The Commission issued these findings in a report that ran 888 pages. The Warren Commission found: Lee Harvey Oswald was the lone assassin and conspirator in the death of President John F. Kennedy.A single bullet caused non-fatal wounds to both Kennedy and Connelly. A second bullet caused Kennedy’s fatal head wound.Jack Ruby acted alone in his assassination of Oswald and did not conspire with anyone to commit this act. The final report was highly controversial and has been questioned by conspiracy theorists through the years. It was briefly revisited by the House Select Committee on Assassinations in 1976, which ultimately upheld the major findings of the Warren Commission.

Accountancy Essay Example | Topics and Well Written Essays - 2500 words

Accountancy - Essay Example But as any student of business knows, evaluation of managerial efficiency or corporate health is not that straightforward an issue. There are two reasons for that. Firstly, all organisations are not established with the objective of earning profit, especially those that are owned and operated by the public sector. If you feel confused at this comment, just think about the London tube railway. Though nobody would be unhappy if it could earn what is commonly known as commercial profit, would any citizen ever quiz the service it provides and, would any government ever dare to even think of discontinuing the service as it is not a profit making venture? Obviously not, since it was conceived as public utility. The second reason why profit calculated by the mercantile method is not always a true indicator of the commercial success of business enterprise is the accrual concept and the conservative approach which lie at the heart of any set of accounts prepared anywhere in the world. By taking into account all possible or even vaguely plausible expenses and ignoring all incomes except those that are absolutely sure, the accountant in effect tries to take a hyper conservative approach and presents a situation which cannot be worse. It might suit those at the helm of affairs of business houses, but these two basic tenets of accountancy do indeed paint a picture which is bleaker than what the actual situation is. Thus many stalwarts of accounting profession strongly feel that a trend of profits, instead of profits earned in individual periods and considered in isolation, would be a better estimate to gauge the financial health of an enterprise. And there is, rather was, a lot of confusion regarding how far conservatism could be stretched while drawing up accounts for a financial year. Some opinion makers of this profession were passionate about the independence of accountants and argued in favour of the

Systems Programming Essay Example | Topics and Well Written Essays - 3000 words

Systems Programming - Essay Example One thing that a any user will notice immediately with Windows 8 is that the ‘boot up’ will be significantly faster - perhaps as much as one-third. This is because the Basic Input-Output System (BIOS) processor start-up code that has been used (in various forms) since the advent of usable IBM-architecture PCs, has been replaced by the Unified Extensible Firmware Interface (UEFI) executable, developed by Intel from 1998 onwards (and made open-source by Intel in 2005), when it became apparent that BIOS would no longer be up to the job. The underlying support for the execution of processes and threads is, according to O’Brien, [Engadget Online Magazine. Windows Phone 8 and Windows 8 share lots of code, NT kernel. Terrence OBrien. Jun 20th, 2012. (Accessed 17th March 2013) (Online). the same as with Windows NT, as this basic architecture has been retained with Windows 8, although it is inferred form a consensus of the available sources that the detailed ‘code’ that implements these functions has been radically changed - whether for the better will have to be seen as Windows 8 beds in. As well as the memory management functionality previously incorporated into previous versions of Windows, and retained in Windows 8, the following new memory management features have been incorporated, both to promote better memory management and to improve information security. The exception Handler has been removed. Apparently, a lot of malware and root kits were using the Exception Handler to get into Windows and damage applications and extract data. The implication is that Microsoft’s developers have introduced an operating system procedure that does the same job as an exception handler, but works on radically different principles. states in his online article that Microsoft has been very ‘cagey’ about the specific security features that have been built into the Windows 8 kernel - which is hardly

Unknown Essay Example | Topics and Well Written Essays - 750 words - 1

Unknown - Essay Example A villain is the epitome of insanity and cruelty. And there is none crueler or more insane, than the Joker. A villain who has truly made an impact, the Joker has caused a lot of damage in the most inventive ways possible in the movie, game and comic book series. He managed to kill Robin (Jason Todd), he was the one who paralyzed Barbara Gordon and in the animated series we saw how the Joker literally destroys Tim Drake (Levitikuz). In the movies, he is shown to be the one who killed Batman’s parents, he is the one who kills Talia in Arkham City and it is the Joker who turns Gotham’s most loved citizen, Harvey Dent, into the villain we know as Two Face. He has had a major impact in the Batman Universe, more so than any other villain. He is cruel in his ways and his relentless inflictions have caused a lot of damage (Levitikuz). Behind all other villains, lies the motive of power or world domination. So be it Lex Luthor or Thanos, their motivation is known. But when it comes to the Joker, his motivation and his plan of action is simply not known. He could conduct a twisted social experiment like that in the Dark Knight Movie involving bombs on two ships, to either send a message or just for the heck of it. This is truly dangerous because one cannot guess what it is that the Joker wanted to accomplish with his madness. His volatile nature is what makes him so dangerously villainous (Holder). The joker is everything insane, immoral and wrong. He plays dirty and he has no rules or laws. Other villains like Doom have self-imposed rules which they follow or have lines which even they won’t cross. But the Joker has no such limit. There is no rule he will not break, no line that he will not cross and no limit he will not go to. He fights till the very end and he fights with no holds barred. In the movie, we see him making a getaway in the school bus right when the school bells ring, he makes the victims look like a

Physician Assistant role in rural health care system Essay

Physician Assistant role in rural health care system - Essay Example The most recent data from the AAPA show that 22 percent of PAs identify themselves as practicing in rural communities. Real numbers of PAs in rural areas has steadily climbed — from 6,700 in 1996 to over 10,000 in 2002.2 A significant proportion of physician assistants provide health care to rural Americans. In addition to supporting the work of physicians who have chosen a rural practice, many PAs are the sole primary care providers in rural communities.   By increasing access to primary care and preventive services, PAs help reduce overall medical costs. It is in the best interest of rural managed care systems to provide cost-effective local health care services.   Sustaining the care provided to rural Americans by PAs not only increases access to primary care, it also promotes continuity of existing care.   When patients are satisfied with their current health care providers, they should be allowed, or even encouraged, to continue to utilize them in a managed care

Case study analysis - Report Essay Example | Topics and Well Written Essays - 1000 words

Case study analysis - Report - Essay Example Consequently, the Doctors focused on the reduction of costs and shortening of stays of various patients in the hospitals, after surgery operations as shown in exhibit 1 in the appendix. However, they faced problems with increased cost pressures throughout healthcare industry increasingly affecting prestigious and expensive academic hospitals such as MGH. Additionally, care path did not dictate the medical treatment of patients. Consistent treatment procedures embodied significant philosophical shifts of physicians generated in making independent medical decisions based on cases. Therefore, the implementation of CABG for surgeries by the doctors incorporated several problems that affected costs on medicines, medical treatment, philosophical shifts, and decision-making processes that delayed processes of operations for coronary artery bypass graft. Bohmer, as the care path facilitator, believed in the success of care path through the corporation and accepted assistance of hospital staff to enable the development of pathways since it hastens the ongoing reduction of hospital bed count. Moreover, it leads to loss of jobs because of more efficient practices (Wheelwright and Weber 2). Torchiana, the team leaders, instrument the creation of care path and continued implementation. Moreover, emphasis on the need for controlling costs and care path merits develops from ideas that Torchiana put across at MGH, despite the problems that they face. Moreover, total quality management (TQM) implementation becomes difficult since the cost of implementing and developing CABG becomes difficult to allow for surgery operations. TQM presents a management approach in an organization that focuses on quality and participation of all members of the organization (Chartered Quality Institute 1). The approach applies to the entire organization. The care path developed at MGH did not introduce new treatment technologies. It attempted to

INDUSTRY ANALYSIS PROJECTS Research Paper Example | Topics and Well Written Essays - 1000 words

INDUSTRY ANALYSIS PROJECTS - Research Paper Example The scopes, opportunities and contexts of the publishing industry including the Canadian publishing industry are governed by the NAICS codes. But the advent of the internet and the increasing access of the population to the World Wide Web have blurred the geographical boundaries affecting the publishing industry. The value chain of this industry has undergone major changes and has assumed a more complex structure with the changes in the reading preferences of people as well as the changes in the teaching styles in different countries. The distribution channels of the publishing houses have also evolved with the shifting contexts of the industry. The geographical constraints of the publishing industry have been abolished and the importance of quality of publishing has become more critical for companies to survive in this industry. The publishing industry is dependent on achieving economies of scale in their operations and is dominated by the concentrated level of competition. The indu stry is in the maturity phase which needs to revamp the processes in order to prevent the saturation of the industry and create sustainability and development for the publishing industry. Innovation and balance between print and online publishing are critical factors that decide the scope of the publishing industry. The Canadian publishing industry has been facing major challenges in the changing global scenario. The powerful publishing companies in this industry being more focused on profit reaping rather than following the industry standards and have created certain obstacles in this specific industry. The domestic publishing firms are losing their importance due to the entry and dominance of the foreign publishing houses operating in the Canadian publishing sector. Other issues and boundaries faced in this industry are the achievement of economies of scale and the quick response to the shifting preferences of the consumers of the industry. The balance of power in

Case study analysis - Report Essay Example | Topics and Well Written Essays - 1000 words

Case study analysis - Report - Essay Example Consequently, the Doctors focused on the reduction of costs and shortening of stays of various patients in the hospitals, after surgery operations as shown in exhibit 1 in the appendix. However, they faced problems with increased cost pressures throughout healthcare industry increasingly affecting prestigious and expensive academic hospitals such as MGH. Additionally, care path did not dictate the medical treatment of patients. Consistent treatment procedures embodied significant philosophical shifts of physicians generated in making independent medical decisions based on cases. Therefore, the implementation of CABG for surgeries by the doctors incorporated several problems that affected costs on medicines, medical treatment, philosophical shifts, and decision-making processes that delayed processes of operations for coronary artery bypass graft. Bohmer, as the care path facilitator, believed in the success of care path through the corporation and accepted assistance of hospital staff to enable the development of pathways since it hastens the ongoing reduction of hospital bed count. Moreover, it leads to loss of jobs because of more efficient practices (Wheelwright and Weber 2). Torchiana, the team leaders, instrument the creation of care path and continued implementation. Moreover, emphasis on the need for controlling costs and care path merits develops from ideas that Torchiana put across at MGH, despite the problems that they face. Moreover, total quality management (TQM) implementation becomes difficult since the cost of implementing and developing CABG becomes difficult to allow for surgery operations. TQM presents a management approach in an organization that focuses on quality and participation of all members of the organization (Chartered Quality Institute 1). The approach applies to the entire organization. The care path developed at MGH did not introduce new treatment technologies. It attempted to

In support of the legalization of marijuana for medical use Essay

In support of the legalization of marijuana for medical use - Essay Example Medically, the drug has been effectual in treating various diseases as discussed by Jocelyn Elders, the former U.S surgeon in her article, Myths about Medical Marijuana 2004. Still, this research is affirmed by Mathre (8) who in his article outline how the drug kindle appetite and lessen cachexia, alleviate vomiting and nausea linked with cancer chemotherapy, reduce intraocular pressure, and treat analgesia and neurological along with movement disorders. Unlike many drugs prescribed in the market, marijuana does not cause a terminal overdose. No one dies out of overdose due to its therapeutic applications such as decrease of spasms, muscles, chronic pain, and intraocular heaviness. Still, the CDC does not have a category of death by marijuana unlike other drugs approved by the FDA. Deaths have been noted as a result of legal drugs despite having the FDA approval. Although there are perilous effects of smoking marijuana, it has been approved medically to treat some ailments. This pape r seeks to discuss all these issues in detail in support of the legalization of marijuana for medical use. Joycelyn Elders (1) highlights the medical benefits of using marijuana. Her insights are awesome on how the drug relieves pains, reduces vomiting along with other symptoms of chronic diseases. Marijuana does this safely as it is less toxic than other drugs prescribed by physicians. Joycelyn focused her argument on the medical benefits of using the drug in which she believed that it improves the overall quality of patient’s life. From her argument, marijuana is best known to reduce neuropathic or chronic pain. The effect is important to HIV patients who often suffer from such pain and the drug becomes effective in pain reduction. Secondly, marijuana is beneficial in increasing appetite as it stimulates the body’s metabolism. The drug is effectual in reducing the symptoms of chronic diseases such as HIV and cancer as patients lack

Leadership And Corporate Social Responsibility The Indian Way

Leadership And Corporate Social Responsibility The Indian Way Abstract Indian society has come a long way. Ancient Culture of India is if full of spiritual and ethical values. In those times, Kings and rulers used to refer Upnishads and Vedas to take guidelines for ideal practices and decision making. Today such kingdoms have converted into business empires where business leaders make decisions that impact the business and the society as a whole. As Business organizations play a vital role in the management of demand and supply in the society at one side and provide employment opportunities on the other to allow the people to possess purchasing power, it is therefore, important for them to follow ethical codes and understand their true social responsibilities other than their financial obligations towards shareholders and financers. With this view, this paper explores the changing phases of leadership and social responsibility from kings to current Indian business leaders. May be, it not a fresh thought on this topic but the authors have tried to showcase the current practices followed by various companies to discharge their social responsibilities towards the society. Key Words: Spiritual Leadership; Corporate Social Responsibility; Indian Ethos, Values and Ethics; Leaders in world business are the first true planetary citizens. They have worldwide capability and responsibility; their domains transcend national boundaries. Their decisions affect not just economies, but societies; and not just direct concerns of business, but world problems of poverty, environment, and security. World business will be a key actor in the ultimate resolution of the macro-problem. It crosses national boundaries with much more ease than do political institutions and the business corporation is far more flexible and adaptive organization than the bureaucratic structures of government.  [1]   Willis Harman, author of Global Mind Change The Above statement reflects the growing importance and changing role of business leaders in the society. Business organizations are the essential components of the social system and therefore, with such an influential role there comes a sense of great responsibilities for these business leaders. In the ancient Indian culture, ethics and moral responsibilities defined by the Vedas and scriptures were the guidelines for behavior of leaders and kings who had to play such roles in the management of social and economic systems. Historical Background: From Raj Dharma to Corporate Social Responsibility The ancient Indian folklore and sacred Hindu texts have embodied rules and regulations pertinent to preservation of environment and ecology. They have repeatedly espoused the notion of Dharma (balancing act between own duties and others rights) and Satkarma (good deeds) through various scriptures and texts. Be socially conscientious, dont mischief the nature by your actions, attain the riches through fairer means and compassion for all creatures is the philosophy of the primordial books. Unlike the present day piecemeal and ad hoc approach towards the issue, ancient Indian environment consciousness was holistic in its approach and it sprang from the Upanishadic gospel Vasudhaiva kutumbakam (all the beings of the whole universe belong to the same family). This is echoed in several verses in the Vedas, especially in Upanishads. Some excerpts are- One shall follow the path of righteousness. (Dharmam kara Taittiriya Upanishad i-11) One shall not sin against his neighbor or a foreigner. (Rig Veda Samhita v-85-7) Wealth has to be won by deeds of glory. (Rig Veda Samhita vi-19-10) One shall be led by the fair path to riches. (Vajasaneya Samhita v-36) A man shall strive to win wealth by the righteous path. (Rig Veda Samhita x-31-2) Help others to win wealth. (Rig Veda Samhita iv-50-9) One shall not be selfish and consume all by itself. (Rig Veda Sam x-117-6) Wealth accumulated through 100 hands should be distributed to 1000 hands. (Atharva Veda Samhita iii-24-5) The leader is the distributor of wondrous wealth. (Vajasaneya Samhita xxx-4) Let the rich satisfy the poor with a broader vision. (Rig Veda Samhita x-117-5) One shall produce fair wealth for today and tomorrow. (Rig Veda Samhita vi-71-6) Earth, atmosphere, sky, sun, moon, stars, waters, plants, trees, moving creatures, swimming creatures, creeping creatures all are hailed and offered oblations. (Taittiriya Samhita i-8-13) One should protect the habitation. (Rig Veda Samhita vi-71-3) Air is God (vayu devta) and it shold be free from pollution. (Atharva Veda) Yajna should be performed by everyone to purify the air. (Atharva Veda) One should not destroy the trees. (Rig Veda Samhita vi-48-17) Plants are mothers and Goddesses. (Rig Veda Samhita x-97-4) Trees are homes and mansions. (Rig Veda Samhita x-97-5) Nature has to be protected from mans exploitation (Rig Veda Samhita vii-75-8) Plants and waters are treasures for generations. (Rig Veda Samhita vii-70-4) Waters bear off all defilements and cleanse people. (Vajasaneya Samhita iv-2) Whoever injures the forests and mountains is a robber who sinks both itself and its offspring into destruction. (Rig Veda Samhita vii-104-10) Offerings should be dedicated to waters of wells, pools, clefts, holes, lakes, morasses, ponds, tanks, marshes, rains, rime, streams, rivers and ocean. (Taittiriya Samhita vii-4-13) Waters and herbs should have no poison. (Rig Veda Samhita vi-39-5) Waters are to be freed from defilement. (Atharva Veda Samhita x-5-24) Besides Vedic Samhitas and Upanishadas; 18 Puranas, Shrimad Bhagwat Geeta, the Ramayana, the Mahabharata, Dharmasastras, Arthasastras etc. have also enchanted a lot not only about concern for environment but they have specifically emphasized on Raj Dharma (duties of a king) which pertains to modern days Corporate Social Responsibility. Corporate Social Responsibility is therefore defined as a concept whereby organizations consider the interests of society by taking responsibility for the impact of their activities on customers, employees, shareholders, communities and the environment in all aspects of their operations. The notion of corporate social responsibility was untainted in terms of philanthropy or charity up till the 1990s. Welfare programs or initiatives were introduced not as a duty or a responsibility but as a form of charity that was supposed to connote the virtues of the big organisations. However the post-liberalization phase has seen a primary shift from this patronage-based model of corporate social responsibility to a stakeholder-participation based model. In the stakeholder model the community in which the corporation is present is seen as a stakeholder in the company and therefore, the company has certain obligation and duties towards it like it has towards its other stakeholders (customers, employees, shareholders). It is a recognition of the fact that companies have to perform in non-financial arenas too, such as human rights, business ethics, environmental policies, corporate contributions, community development, corporate governance, and workplace issues and company should be held accountable for its triple bottom line that includes social and environmental facet and not just the financial performance. The question that arises at this juncture is what the reasons for the shift are in the basic paradigm of corporate social responsibility. Rationale for Corporate Social Responsibility Successful corporations need a healthy society. This is widely divergent from the perspective of corporate social responsibility in Western economies as well. Reflected in the observation by Arthur Page, vice president of public relations at ATT for around 20 years and former advisor to the US President:à ¢Ã¢â€š ¬Ã‚ ¦ all business in a democratic country begins with public permission and exists by public approval à ¢Ã¢â€š ¬Ã‚ ¦ Priority of business is getting widened from 4 P to 7 Ps by inclusion of People and Planet with Profit. Short-term, charity-based welfare interventions are being replaced by long-term, empowerment-based Corporate Social Responsibility (CSR). Based on the realization, Business cannot succeed in a society that fails, CSR is being considered as an imperative for carrying on business in the society rather than as a charity. Broadly speaking, advocates of CSR have used four arguments to make their case: moral obligation, sustainability, license to operate, and reputation. Business is the element of society, which is operating with the societal resources (land, labour, material) and is providing the output to the society. Therefore society is vital for survival of business enterprise. CSR is an essential starting point in understanding why a new approach is needed to integrating social considerations more effectively into core business operations and strategy. Recognition of the importance of reputation capital for capturing and sustaining markets. Therefore corporate social responsibility is basically a new business strategy to reduce investment risks and maximize profits by taking all the key stakeholders into confidence. The significance of eco-social stability i.e. social and environmental stability and sustainability is necessary for the survival of an enterprise in the long run. The importance being attached to accountability and transparency as the key aspects of corporate governance. Education, health care, and equal opportunity are vital to a prolific workforce which is the very foundation of business unit. Safe products and good working conditions lower the internal costs of accidents and increase the efficiency of employees. Efficient utilization of land, water, energy, and other natural resources makes business more productive. Good governance and property rights are indispensable for competence and innovation which is inevitable for extensive survival. Strong regulatory standards protect both consumers and competitive companies from exploitation. Healthy society creates expanding demand for business, as more human needs are met the aspirations grow. It is used as a tool in building blocks between communities and companies. Frugal financial management and good performance increases the shareholder value thereby increasing the dimensions for surplus funds. Concern for customers increases the market share of the company leading to economies of scale and greater profitability. CSR awards and positive CSR ratings amplify the popularity of company between media, public and state. The mutual reliance of corporations and society denotes that both business decisions and social policies must follow the theory of shared value. That is, choices must benefit both sides. If either a business or a society pursues policies that benefit its interests at the expense of the other, it will find itself on a dangerous path. A temporary gain to one will undermine the long-term prosperity of both. CSR interventions therefore- based on commitment, mobilization of employees-voluntarism, innovative approaches, appropriate technology and continuing partnership -can make lasting differences in the life of the disadvantaged. Further, synergy of corporate action with the government can make the CSR interventions more effective and facilitating the corporate carrying on business in the society. Key Areas of Corporate Social Responsibility From philanthropic concept, social welfare activities have taken the shape of a full-fledged discipline. Corporate governance has also become the part of corporate social responsibility in todays times. Government is giving various awards to the socially responsible companies. In recent years business organisations are proving themselves as good corporate citizens in the following areas: Shareholders and Government Customers and Marketplace Employees and Workplace Community and Health Environment and Ecology Growth and appreciation of capital Constant focus on innovation Nurturing and developing human capital Promoting local employment Ecological diversity Transparency in financial statements Reasonable and affordable prices Following labour laws Infrastructural support (roads, electricity, telecom, water supply) Biological habitat Strong future prospects After sales services Ensuring employee health and welfare Promoting education through schools, scholarships, sponsorship of education programmes Plantation of trees in the locality Consultancy to government in various policy matters and Use of lobbying Avoid misleading through wrong publicity and advertisements Consistency between work and remuneration Maintaining ecological balance of the local community Sustenance of natural resources Constant efforts for value maximisation Providing information with dangerous products Better career prospects Disease awareness programmes (AIDS, Hepatitis, Dengu, Cancer etc) and family planning Recycling of waste and obsolete material No such practices like insider trading Avoiding unfair trade practices like high sales commission and heavy discounts Job security, provident fund, group insurance, pension, retirement benefits etc. Protecting, supporting and respecting social values, local culture and human rights Greenhouse gas emissions Accountability towards all operations Quality consciousness Promoting conducive environment Ethical research practices (e.g., animal testing, Genetically Modified Organisms) Conservation of wildlife Compliance with laws, regulations and conventions Product and consumer safety Good working conditions Upliftment of weaker and backward sections of the community Non pollution of rivers and water bodies to save water life and poisoning of water Corporate governance Regular supply of goods Promoting safety from accidents Modernisation and development Packaging use and disposal Payment of taxes to government Under weighing and adulteration must be avoided Housing, eating joints and transportation facilities Rehabilitating the population displaced Transportation impacts (congestion, logging roads) Not to indulge in corruption Dealing with customer grievances Crà ¨che facility for women employees Relationships with universities Energy water usage Thus business has to execute number of social tasks, as it is a part of the society. It should be bothered of those who are instrumental in securing its subsistence and survival. However, while doing so two things need to be distinguished to view it as social responsibility of business. First, any such activity is not charity. It means that if any business bestows some amount of money to any hospital or temple or school and college etc., it is not to be considered as discharge of social responsibility. Secondly, any such activity should not be that it is noble for some sections and dire for others. Social responsibility implies that a corporation should not do anything detrimental to the society in course of its business activities. Therefore, the concept of corporate social responsibility dampens businessmen from adopting unfair means. Instead, it persuades them to make yield through judicious administration of the business, by providing healthier working and living conditions to its personnel, providing superior products, after sales-service, etc. to its customers and concurrently to control pollution and conserve natural resources. Corporate Social Responsibility Initiatives by Indian Companies Even much before the issue became a global concern, India was aware of corporate social responsibility, due to its deep religious roots and the efforts of organisations like the Tata and Birla Group. The corporations have moved away from the charity and are focussing on initiatives that are people-centric that would make a real difference in the target communities. Following are the niceties of CSR activities undertaken by topmost Indian companies. Corporate Social Responsibility programmes at the Tata group of companies extend across a wide spectrum including rural development, community development and social welfare, family initiatives, tribal development and water management. About 7000 villages around Jamshedpur and Orissa benefit from development programmes run by the Tata Steel Rural Development Society (TSRDS). Programmes of TSRDS cover issues like education, irrigation, afforestation, adult literacy, vocational training, handicrafts and rehabilitation of the handicapped persons. The Community Development and Social Welfare Department (CDSW) at Tata steel carries out medical and health programmes, blood donation drives, mass screening of Tuberculosis patients immunization camps and drug de-addiction. In 1999, Tata Steel embarked on an AIDS awareness programme, which has now become an integral part of all training programmes. Tata Steels Centre for Family Initiatives (CFI) was successful in influencing 59 per cent of Jam shedpurs eligible couples practicing family planning, compared to the national figure of 35 per cent. To build upon this heritage the Tata Council for Community Initiatives (TCCI) has created the Tata Guidelines on Community Development, an effort of over three years from the field evolved into a framework of best practices. Infosys is actively involved in various community development programs. Infosys promoted, in 1996, the Infosys Foundation as a not-for-profit trust to which it contributes up to 1%PAT every year. Additionally, the Education and Research Department (ER) at Infosys also works with employee volunteers on community development projects. They have taken initiatives to work in the areas of research and education, community service, rural reach programme, employment, welfare activities undertaken by the Infosys Foundation, healthcare for the poor, education and arts culture. Their CSR team has been distributing books and stationery to underprivileged children across Karnataka since 2001. Infosys also manages a dedicated intranet portal to help employees support education of the children of our housekeeping and security staff. In 2009, 1,500 members contributed approximately Rs. 14, 00,000 to support more than 370 students. Also meritorious students were awarded for their performance. The Birla group of companies is also among the pioneers in the field of corporate social responsibility in India. As part of the Aditya Vikram Birla Groups Social Reach, the Birla group runs as many as 15 hospitals in India; includes adult education and schools conducting as many as 78 schools all over India; rehabilitates handicapped persons having touched more than 5000 physically challenged individuals. More than 1,00,000 patients have been examined under the Groups medical programmes. Over 15,000 children along with 2000 pregnant women have been immunized, over 500 cataract patients operated, 2000 TB patients provided medical care, 100 leprosy-afflicted attended to, free of cost. It also provides Vocational Training, having provided training to over 3000 women and having distributed over 1400 tool kits in a variety of areas like electrical, auto repair, electronic equipment maintenance and repair and tailoring. It has adopted several villages under its Village Infrastructure Deve lopment programme and has provided extensive training to over 10,000 villagers in its Carpet Weaving Center. Lupin India Ltd, Indias third largest manufacturer of pharmaceuticals has started a project for providing sustainable development in 154 villages across Rajasthan. The scheme instead of providing for piece-meal assistance that does not lead to effective alleviation of poverty or adequate development is designed as a holistic action plan that includes an Agricultural Income Generation Scheme, land cultivation and fruit plantation programs, fodder preservation schemes, sericulture and water-recycling programs, establishment of medical and educational centres, adult literacy programs and credit schemes. ITCs initiatives are not only praiseworthy but innovative in this regard. ITC partnered the Indian farmers for close to a century. It is now engaged in elevating this partnership to a new paradigm by leveraging information technology through its trailblazing e-Choupal initiative. ITC is significantly widening its farmer partnerships to embrace a host of value-adding activities: creating livelihoods by helping poor tribals make their wastelands productive; investing in rainwater harvesting to bring much-needed irrigation to parched drylands; empowering rural women by helping them evolve into entrepreneurs; and providing infrastructural support to make schools exciting for village children. Through these rural partnerships, ITC touches the lives of nearly 3 million villagers across India. Cipla, another Indian pharma major has found a novel approach to fulfil its corporate social responsibility obligations by offering to sell a cocktail of three anti-HIV drugs, Stavudine, Lamivudine and Nevirapine, to the Nobel Prize-winning voluntary agency Medicine Sans Frontieres (MSF) at a rate of $350, and at $600 per patient per year to other NGOs over the world. This offer has to lead to an significant decrease in the prices of these drugs worldwide increasing the accessibility of these drugs especially in the developing countries. Cipla also donates several million rupees every year to the Cipla Cancer and AIDS Foundation for the cancer and AIDS patients. Mahindra and Mahindra dedicates 1% of its profit (after tax), on a continuous basis towards Corporate Social Responsibility. A unique kind of ESOPs Employee Social Options was launched to enable Mahindra employees to involve themselves in socially responsible activities of their choice. The Group also announced a special gift: to provide free cochlear (hearing loss solutions) implants to 60 profoundly hearing-impaired, under-privileged children. In addition to giving impetus to the Nanhi Kali project for the girl child and the Mahindra All India Talent Scholarship for the economically disadvantaged, the Mahindra Group has also set up Mahindra Pride Schools. These schools are offering a variety of courses, with an emphasis on employability, including training for information technology, retail, automotive engineering etc. They are supposed to provide new skills and capabilities to the weaker sections of society, particularly the scheduled castes and scheduled tribe youth. Similar commitment to CSR has been displayed by other corporates in India. The list, which at best can be far from complete, includes Arvind Mills, Escorts, Dabur, Bajaj, Godrej, Hero Honda, DCM Sriram, Ashok Leyland, Ballarpur Industries, Eicher, Kinetic Group, Kirloskar, Reliance, Ranbaxy, Wipro, each of these has been deeply committed to their communities engaging in programmes encompassing education, health, education, integrated rural development. Beyond the private sector, corporate players in Indias public sector too have been actively involved in corporate social responsibility initiatives. The Indian public sector has had a long tradition of corporate social responsibility and the initiatives of corporations like the Oil and Natural Gas Corporation (ONGC), Steel Authority of India Ltd. (SAIL) and Gas Authority of India Ltd. (GAIL) have been remarkable in the development of several backward regions of the country. Indian Airlines and Bharat Heavy Electronics Ltd. (BHEL) have been widely acclaimed for their disaster management efforts. Most public sector units in the heavy engineering industry have not only set up townships around the plant, but also established schools, hospitals and several other civic facilities for their employees and those that live in that area. Several organizations have introduced benchmarking exercises for their CSR activities and industry bodies like Confederation of Indian Industries (CII) and Fed eration of Indian Chambers of Commerce and Industry (FICCI) have introduced cross-sectoral programs in CSR related areas. Future Outlook: Strategic Corporate Social Responsibility The new economic era embarked the total renovation in CSR related practices in the country. The change was two fold: makeover of the conceptual understanding of corporate social responsibility and innovations at the implementation level. At the abstract level, there is a fundamental transformation from the charity-oriented approach to the stakeholder-oriented approach where stakeholders are seen as target group whose well-being is integral to the long term success of the corporation. The real revolution is experienced at the implementation stages where companies have started committing other resources in addition to financial ones so as to provide a host of services, programs and schemes catering to the needs of the intended community. The CSR initiatives have also seen greater participation and rigid accountability standards. The issue of norms for corporate social responsibility seems to have been adequately dealt with by industry practices like benchmarking, CSR ratings and certif ication by different agencies. While the performance of the honchos seems satisfactory, there is fierce debate on the social role of the MNCs and small companies. The social concern in these companies is too little and whatever miniscule they are performing it is only for fulfilling obligation and keeping records. MNCs are rather found to be engaged in unethical and unfair business practices as well. Corporations escape from CSR by counting on the hurdles like: Lack of interest of the local community in participating and contributing to CSR activities of companies. No awareness and confidence in the local communities about CSR initiatives. Dearth of trained and efficient organisations that can effectively contribute to the ongoing CSR activities initiated by companies. Lack of transparency on the part of the local implementing agencies. Non-availability of statutory CSR guidelines, the scale of CSR initiatives of companies should depend upon their business size and profile; bigger the company, larger its CSR programme. Narrow outlook towards the CSR initiatives. CSR initiatives are viewed as donor-driven than local in approach Strategic approach to Corporate Social Responsibility is the pathway to all these hurdles and lack of interest in CSR activities. Strategic CSR is all about integrating the societal issues into the core business strategies to gain competitive advantage. While practising Strategic CSR corporates have to identify the on-going social setbacks and have to invest in them so as to strengthen their competitiveness. The success of the company and the success of the community become mutually reinforcing therefore. Characteristically, the more closely tied a social issue is to the companys business, the greater is opportunity to utilise the firms resources and capabilities, and benefit society. For any company, strategy must go beyond best practices. It is about choosing a unique position-doing things differently from competitors in a way that lowers costs or better serves a particular set of customer needs. These principles apply to a companys relationship to society as readily as to its relationship to its customers and rivals. Strategic CSR moves beyond good corporate citizenship and mitigating harmful value chain impacts to mount a small number of initiatives whose social and business benefits are large and distinctive. Strategic CSR involves both inside-out and outside-in dimensions working in tandem. Many opportunities to pioneer innovations to benefit both society and a companys own competitiveness can arise in the product offering. Citing the examples from west. Toyotas early response to public concern about auto emissions gave rise to the offering Prius. Toyotas Prius, the hybrid electric/gasoline vehicle, is the first in a series of innovative car models that have produced competitive advantage and environmental benefits. Hybrid engines emit as little as 10% of the harmful pollutants as compared to conventional vehicles. The Prius has not only significantly reduced pollutants; it has given Toyota an enviable front over rivals in hybrid technology. Toyota has created a unique position with customers and is well on its way to establishing its technology as the world standard. Urbi, a Mexican construction company, has prospered by building housing for disadvantaged buyers using novel financing vehicles such as flexible mortgage payments made through payroll deductions. It engages in purchasing land, and designing, building, marketing, and selling housing developments for the low- and middle-income and residential markets in Mexico. Crà ©dit Agricole, Frances largest bank has differentiated itself by offering specialized financial products related to the environment, such as financing packages for energy-saving home improvements,  energy-saving loans, support to organic farming, financing for renewable energy etc. conducting audits to quantify their carbon emissions   and to certify farms as organic. They also sponsor projects to restore and conserve the treasures of Frances regions, projects to renovate historic sites, buildings and religious edifices in France. To penetrate Indian market, Nestle required establishing local supply of milk from a large, diversified base of small farmers. It obtained government permission to erect a dairy in Moga (Punjab). But there, farmers were impoverished, death rate in calves were high, and lack of refrigeration vetoed farmers from distributing milk and keeping it fresh. Nestle erected refrigerated dairies as milk assortment points and sent its trucks to the dairies to collect the milk. With the trucks went veterinarians, nutritionists, agronomists, and quality assurance experts. Farmers learned that milk quality centred on adequate feed crop irrigation. With financing and technical assistance from Nestle, farmers dug deep-bore wells. The ensuing improved irrigation reduced calves fatality rate 75%, amplified milk production 50-fold, and allowed Nestle to compensate higher prices to farmers than those set by the government. With steady revenues, farmers could now obtain credit. Mogas standard of living im proved with supply of electricity and telephones; primary, secondary, and high schools; and adequate medical facilities. Meanwhile, Nestle gained a stable supply of high quality commodities-without having to pay middlemen-and saw demand for its products increase in India. Above are few illustrations to reckon but their approach and practices are commendable and well known. Hence, by identifying crossroads between own company and society, selecting social problems to address and endowing small number of initiatives can generate large and distinctive benefits for society and business unit. If approached strategically, CSR can be much more than just a