Reality-Based Education Assignment;Hilton hotel Houston
Order Instructions:
Reality-Based Education Assignment
Introduction
The purpose of the Reality-Based Education (RBE) assignment is to provide students with the opportunity to interview a working manager and learn about how course materials relate to everyday managerial work and the day to day operations of a company or organization.
The end result of this assignment is a paper that discusses and analyzes what you learned.
The RBE assignment involves either a telephone interview with or an in-person visit to an organization in the Houston area. It is recommended that you select an organization that you might be interested in working for someday.
Some suggested organizations are as follows:
Banks: J.P. Morgan Chase, Bank of America, Wells Fargo, Compass Bank
Hospitals: Methodist, St. Luke’s, Ben Taub, M.D. Anderson, Memorial Hermann
Energy: Conoco Phillips, Shell, Reliant Energy, Center Point Energy, Schlumberger, Halliburton
Hotels: Hilton, Hyatt, Marriott
Retail: Men’s Warehouse, Stage Stores, Macy’s, Gap, Dillard’s, J.C. Penny; Nordstrom, Wal-Mart. Walgreens, CVS, Kroger, Fiesta, HEB.
Technology: AT&T, Verizon, BMC Software, Apple, Dell, Hewlett-Packard.
Travel: United Airlines, Southwest Airlines, Delta
Non-Profits: Houston Food Bank, Boy Scouts of America, United Way, American Heart Association.
Government: City of Houston, Harris County, Various city, state, federal, and county agencies.
You will research your chosen organization, visit the organization and/or interview the manager by telephone. Suggested kinds of interview questions are below:
1. What is the identified purpose or mission of the organization?
2. What does it produce? Or what kinds of goods or services does it provide?
3. What are key organizational characteristics (e.g., number of employees, etc..)?
4. Who are the organization’s main competitors? How does it differentiate itself?
5. Upper management of the organization – background, criteria for selection or promotion to these positions
6. Selection criteria of other employees – hiring policies, diversity policies, etc.
7. How organizational politics or other related external factors affect daily operations.
8. Type of organizational culture that prevails.
9. What is the key management concept that you studied in this organization (be specific and use terminology from the textbook) and describe how this concept is implemented, applied, or organized in this organization?
10. Anything else you find interesting, relevant, or important
In addition to discussing and analyzing items one though nine above, your paper must include the name, title, and contact information of the manager you interviewed.
Key Dates & Deliverables
Due date for paper: Sunday, December 7, 2014, via Blackboard.
Formatting
Your paper must be at least five pages long, double-spaced, with a twelve-point font and one-inch margins on each side. Cite your sources using the style of your choice (e.g., APA or MLA), and be sure to include a works cited page.
SAMPLE ANSWER
Chosen organization
Hilton hotel Houston is a glamorous piece of art and a place where utmost hospitality is a priority. Standing on a 24-storey building, Hilton hotel has been termed as largest convention hotel and is a place where every visitor wants to land. The four-diamond hotel offers refreshing experiences and is an ideal choice for corporate events and meetings. Under the management of Joseph Palmieri, Hilton hotel- Houston offers impressive hospitality services and exceptional management strategies that have placed it amongst the best hotels in America (Hilton-America’s Houston website, 2014).
Objective
To understand key management concepts of Hilton hotel-Houston
Literature review
Hilton hotel –Houston is an affiliate hotel of many Hilton America hotels. The bustling downtown of Houston is home to one of those luxurious affiliate hotels. Since 2003, when the hotel was built, it has done nothing short of offering excellent services through its food and beverage outlets and numerous hotel amenities. Other services available at the exclusive hotel are 1200 guest rooms, a spectacular appointed lobby featuring individual or more registration desk sections, a café, java jive, the lobby bar and gift shop. Executive staffed lounges, floor level rooms and technologically advanced spaces at 92000sq ft function in three floors (Hilton-America’s Houston website, 2014). The largest convention center measuring one million sq and a sky-walk connection are other features of the hotel. Wifi is available throughout as well as audio/visual for in house services. The restaurants, three ballrooms, skyline spa, infinity edge pool, health club, valet and space worth 1600 car parking garage are other stunning services offered by the hotel.
Guests have expressed great experiences of feeling valued and respected every time they visit Hilton hotel. The hotel has created a culture of innovation, continuous improvement, and excellence to help team members become the best and develop their talents. Selecting and attracting the right talent at the right time is not a new phenomenon for Hilton hotel-Houston. The management of Hilton hotel strives to recruit people who share similar goals and passion for the organization as a hospitality institution. The hotel desires to further its staff careers while wile still being true to its vision and mission.
Research method
To learn more about Hilton hotel-Houston and the management of the organization the interview method was used.
Interview questions and responses
How can you describe Hilton hotel Houston?
Hilton hotel is a hotel where hospitality is an art that never disappoints and is home to exceptional guest experiences.
What is the mission and vision of this hotel?
Our hotel prides in the mission of being the preeminence of global hospitality while our vision is to give the world hospitality warmth.
What are the values of this hotel?
Hospitality, leadership, integrity, teamwork, urgency and ownership are core values of Hilton hotel-Houston.
Which organizational goals run the hotel?
To offer the best hospitality services through global talent management.
Which hotels are major competitors of Hilton?
Five star hotels, Hyatt and Marriott are examples of Hilton’s competitors. Each of these hotels uses a unique strategy to market their hospitality and as a result have remained competitors to Hilton hotel.
How does the upper management of the hotel function?
The upper management is divided into the general manager and a team of 15 hotel executives. The GM works with those executives as the head of the committee. He makes major decisions for the hotel. The directors are also supervise managers in other respective departments. For example, Janice O’Neill who was hired as the director of sales and marketing, supervises a sales team of another 12 managers (Hilton hotel website, 2014). The board and HRM take up the role of recruiting employees.
What are the selection criteria for employees in this hotel?
Recruitment of employees is a selection criterion that Hilton hotel uses to appoint qualified and talented employees. The global websites, talent acquisition centers and university partnerships are used to facilitate the selection criteria. Once selected interviews are conducted leading to hiring the best candidates.
Which type of culture prevails in this hotel?
The culture of hospitality and growth of talent prevails in Hilton hotel.
What key management concept does Hilton hotel offer to learners or aspiring managers?
Management concepts like global talent management, engagement, diversity, health and youth opportunity are key to this hotel.
How can those concepts be implemented, applied or organized?
Key management issues have been implemented through various ways in the hotel. According to Hilton worldwide (2014), global talent management, engagement and recognition, diversity and inclusion, health and well-being are some of the ways through which these concepts are applied.
Discussion and analysis
Global talent management is a concept that implies that the hotel only succeeds when its teams have resources needed to support their employees and help them serve their guests in the best way possible. Talent management is achieved through ongoing learning opportunities leading to professional and personal talent growth. To achieve this, Hilton encourages University study, cross-cultural training, use of another language and performance management.
Engagement and recognition is a concept that Hilton hotel uses to manage employees and make them feel valued. Team member engagement is crucial for feedback through a global annual survey, which leads to changes in the hotel’s policies. Through feedback, the management has been able to improve its performance assessment and make necessary adjustments. The recognition of team members happens through giving rewards and incentives to active team members who are a fundamental part of the hotel. The recognition of leaders, managers and team members is a great way of improving the hotel’s image. Hilton hotel-Houston is proud to be associated with a general manager who is recognized for his outstanding achievements globally. Hotelier Joe, who has not even completed a decade since being recruited to the hotel recently was awarded for his efforts. He received the first organization’s award as the general manager of the year for exceptional managerial skills.
Diversity and inclusion are other key concepts for Hilton hotel’s management. Having many branches across the globe has opened doors for Hilton hotel to meet people from different cultures and diverse populations. Hilton hotels embrace diversity and view it as a stronghold for their organization. It thus is no wonder that Hilton hotel has recruited employees from across the globe. It includes all people as long as they share in the vision and have the talent to deal with the hospitality business (Hilton worldwide, 2014).
Health and well-being are core elements for the hotel business. As a result, the management believes in promoting health and wellness for team members. It is crucial for performance and service delivery as ailing employees cannot be productive. To ensure that health and well-being prevails in the organization, certain strategies have been employed by the management. Health benefits packages and sick leaves are given to team members who feel unwell. Health and wellness activities are also in place with the fitness day as a major event for the hotel. The hotel collaborates with health care providers to promote health and wellness activities and themes. Flexible work arrangements have also been made as a way of showing support for work life and other activities balance. Apart from the team members, the family of employees and staff enjoy health and wellness programs from the hotel. Through family travel programs, families unite and get to spend time with their loved ones occasionally.
In conclusion, Hilton hotel-Houston has exceptional management skills and is an incredible example of what good management can do to a hotel. Apart from Joe, showing his managerial prowess in the hotel business, he has also promoted sustenance of the environment in and outside the hotel. The green seal achievement award did not come as a surprise to Hilton hotel though it was the first in the state. The management of the hotel has ensured that it is not only about luxury and refreshments but has also taken initiative to conserve the environment and encourage the guests to do the same.
Contact information of the manager
1600 Lamar, Houston, Texas, United States 77010
Tel: 1-713-739-8000 • Fax: 1-713-739-8007
Key dates and deliverables
This interview was conducted on 4.Dec.14
Its deliverables included gaining great knowledge on management of a hotel organization. The mission and vision of the hotel as well as its culture were found to be useful components in management of the organization. Besides that, key concepts of management that made the organization stand out from the rest were also very useful.
Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.
In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss.
Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors.
The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below:
• An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act.
• A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product’s use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act.
For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand.
1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
2. Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
• If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your Rationale.
• If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
3. Decide whether or not President Howard should refer this chosen matter to the company’s outside counsel. Provide a rationale for your decision.
4. Use at least three (3) high-quality academic references. As the cases discussed within the assignment are hypothetical, you will not find any solutions to them on the Internet.
Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academic resources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) to locate high-quality academic references.
Your assignment must follow these formatting requirements:
• Include a cover page containing the title of the assignment, your name, the professor’s name, the course title, and the date.
• Draft this in the form of a letter that is typed, double-spaced, and uses Times New Roman font (size 12) with one-inch margins on all sides.
• Include your citations in the body of your letter and include your list of references at the end. All citations must follow the APA.
• Be sure to follow all additional instructions provided by your professor.
The specific course learning outcomes associated with this assignment are:
• Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
• Use technology and information resources to research issues in business law.
• Write clearly and concisely about business law using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric. Points: 240 Assignment 2: Using Your Manager Skills
Criteria Unacceptable
Below 60% F Meets Minimum Expectations
60-69% D Fair
70-79% C Proficient
80-89% B Exemplary
90-100% A
1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).
Weight: 25% Did not submit or incompletely discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Insufficiently discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Partially discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Satisfactorily discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified. Thoroughly discussed the elements that must be present in order for one to prove a valid claim under the law(s) specified.
2. Determine whether or not the activity of Simply Green Products amounts to a violation Did not submit or incompletely determined whether or not Insufficiently determined whether or not the activity of Partially determined whether or not the activity of Satisfactorily determined whether or not the activity of Thoroughly determined whether or not the activity of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale.
Weight: 25% the activity of Simply Green Products amounts to a violation of the applicable law. Did not submit or incompletely determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both if you chose the environmental issue. Did not submit or incompletely explained your rationale. Did not submit or incompletely determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Did not submit or incompletely explained your rationale. Simply Green Products amounts to a violation of the applicable law. Insufficiently determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Insufficiently explained your rationale. Insufficiently determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Insufficiently explained your rationale. Simply Green Products amounts to a violation of the applicable law. Partially determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Partially explained your rationale. Partially determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Partially explained your rationale. Simply Green Products amounts to a violation of the applicable law. Satisfactorily determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Satisfactorily explained your rationale. Satisfactorily determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Satisfactorily explained your rationale. Simply Green Products amounts to a violation of the applicable law. Thoroughly determined whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the environmental issue. Thoroughly explained your rationale. Thoroughly determined whether or not continued use of the SafePack name by your company would violate the Lanham Act, if you chose the intellectual property matter. Thoroughly explained your rationale.
3. Decide whether or not President Howard should refer this chosen matter to the company’s outside counsel. Provide a rationale for your decision.
Weight: 25% Did not submit or incompletely decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Did not submit or incompletely provided a rationale for your rationale. Insufficiently decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Insufficiently provided a rationale for your rationale. Partially decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Partially provided a rationale for your rationale. Satisfactorily decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Satisfactorily provided a rationale for your rationale. Thoroughly decided whether or not President Howard should refer this chosen matter to the company’s outside counsel. Thoroughly provided a rationale for your rationale.
4. 3 references
Weight: 10%
No references provided Does not meet the required number of required Exceeds number of number of references; all references poor quality choices.
number of references; some references poor quality choices. references; all references high quality choices. required references; all references high quality choices.
5. Clarity, writing mechanics, and formatting requirements
Weight: 15% More than 8 errors present 7-8 errors present 5-6 errors present 3-4 errors present 0-2 errors present
SAMPLE ANSWER
To:
From:
Date:
Re: Trademarks Infringement and the Lanham Act
You asked me to look into the possibility of liability resulting from the claims of trademark infringement. The genesis of your inquiry was the cease and desist letter sent by Safe Choices to Simply Green Products to halt the use of the trademark SafePack. This action can be interpreted as intent by the company to pursue legal redress in claiming ownership to the trademark. While the company has a case since it has owned the trademark since 2002, the determination of infringement is not made simply on registration but by a combination of many other factors. The important thing to note is that Safe Choices has the burden of proving trademark infringement beyond doubt for damages to be awarded. Issues of trademark are governed under the Lanham Act.
The Lanham Act deals with trademarks in the US and prevents a number of malpractices including false advertising, trademark infringement and trademark dilution. The act prohibits goods which have infringed trademarks from being imported. The civil enforcement of the act awards damages and applies injunctions in order to restrict dilution of trademarks and use of false descriptions. The act gives the courts the mandate to determine whether there is a likelihood of confusion for use of a trademark or trade dress to constitute infringement.
The act specifically states that any term, word, name, device or symbol or combination of these or a false or misleading description of fact, designation of origin or representation of fact that is likely to lead to a mistake, cause confusion or to deceive connection, affiliation or association with another person, regarding the origin, approval, or sponsorship of goods, services or other commercial activities by another person is in contravention to it (Phelps, 1949). It extends to commercial advertising or promotion that is misrepresentation of qualities, characteristics, nature and geographic origin of the goods, services, or commercial activities.
The law states that people in contravention of the above specifics are liable for civil action. Safe Choices must however prove that the actions of Simply Green hurt its business or its customers and that the misleading or false statement was strictly in commerce and likely to cause harm.
The Lanham Act has had extraterritorial impact, a fact that has changed in recent times with circuit courts being given leeway to offer interpretations that may extend its scope (Robins, & Donahue, 2013). There are three parts of the original ruling by the Supreme Court of the US that are still basic to the law today. For infringement to be imputed, at least two of these factors must be met (Lemley, 1999). The first is our conduct as Simply Green, which must have a substantial effect in relation to commerce in the US. The second is that Safe Choices must be registered in the US and the third is that there must be an absence of conflict with foreign law in the dispute.
Simply Green Products has been using the name SafePack since 2008 without checking for its availability with the state or federal trademark protection. On one hand, the activities of our company have been limited to packaging of orchards in the Shenadoah valley and on the other our products are heavily advertised in trade journals. These two components on the case will likely break or make it. Given these facts, the discussion below will be centred on the facts of the case that can be argued and that will give credence to Simply Green’s defence.
The company can argue that the products it markets are completely different from those of Safe Choices Inc. This is because the markets that the two products target are entirely different. For Simply Green, the SafePack trademark designates products that are targeted at orchards that use them to transport apples, peaches and pears. The second tenet of the SafePack product from Simply Green is that it is basically packaging that is biodegradable. While it can be argued that both companies market packaging, the types and target markets of these packaging are entirely different. Safe Choices uses the name SafePack for its emergency weather kits in form of backpacks. These products are primarily for use by individuals in camps or other activities which is different from the biodegradable packaging that is not targeted at individuals but rather at orchards that are primarily companies.
Simply Green’s advertising and promotion avenues are trade journals. While such journals are of wide constitution, it can be argued that it targets those that major in agricultural activities. The Safepack trademark is thus associated with materials that are eco-friendly and breakdown organically and thus cause no pollution. On the other hand, the SafePack trademark from Safe Choices is primarily marketed online at safepack.com and in sporting goods stores in the country.
The Lanham act specifically states that the senior user, Safe Choices, which was the first business to adopt the use of the trademark, must prove the likelihood of confusion. There are three ways in which issues of likelihood of confusion arise. The first is through registration, the second through inter parties’ proceedings and the third through infringement litigation. The only way at the moment that infringement by Simply Green can be proven is through registration where the trademark belongs to Safe Choices. However, this does not constitute grounds for indictment as Safe Choices must prove that there was confusion for its customers. Simply applying the trademark is not grounds enough for infringement litigation.
The most common standard for proving infringement is through the similarity of goods provided under the trademarks. This is determined through gauging whether an ordinary prudent purchaser would likely to purchase one item while believing that he was purchasing the other. The use of the same trademark has been permitted in numerous cases before where the products are completely different. In this case, the determination of infringement will be pegged on whether a common consumer would confuse emergency kits for biodegradable packs.
The degree of care that the consumer exercises is also important in determining infringement. This is usually through the costs of goods being purchased. It is expected that the buyers who make expensive purchases are likely to be more discriminatory and thus less confused by similar trademarks. This is because these expensive items are bought less frequently meaning that the consumer exercises a lot of care to ensure that he/she gets exactly what is required. In essence therefore, the determination of whether there is a trademark infringement must be considered depending on where the goods are available. The SafePack from Safe Choices is available online as well as in sporting goods stores. SafePack from Simply Green is not likely to be found in the same locations as the company sells its products directly to its customers at the point of use. It is likely that the latter SafePack is sold in bulk while the former is sold in single units.
The matter of determining whether Simply Green has infringed on the trademark SafePack is a delicate one. However, the simple fact is that the Lanham Act explicitly indicates that the plaintiff has the burden of proof which is indicated by whether he/she has suffered economic or reputational injury stemming from a deception by the defendant in the course of advertising or other activities of commerce that causes him to lose trade from customers (Rothman, 2005). In this case, there is no proof whatsoever that SafePack from Safe Choices has suffered any injury as a result of the use of the trademark by Simply Green. The other facts are that the companies deal in dissimilar goods, target different customer segments and use different promotional avenues. These facts make the case for Simply Green.
This therefore does not necessitate the involvement of outside counsel as the matter can be amicably settled by the in-house counsel as it is not a complicated case of law with many facets but rather a straightforward claim. On the face of it, the only claim that Safe Choices has is that the trademark infringement is as a result of false designation of origin. While this is a valid claim for the infringement case, it is just a single facet that must be considered in light of all the other facts espoused in this memorandum.
Regards,
Cc:
Bcc:
References
Lemley, M.A. (1999). The Modern Lanham Act and the Death of Common Sense. Yale Law Journal, 108 (7), 1687–1715.
Phelps, D.M. (1949). Certification Marks under the Lanham Act. Journal of Marketing, 13 (4), 498–505.
Robins, L.R., & Donahue, K. (2013). Extraterritorial reach of the Lanham Act: a viable option. World Trademark Review, pp. 106–107.
The stands of the local business owners on Graffiti debate
The stands of the local business owners on Graffiti debate
Order Instructions:
I have attached a copy of the assignment sheet. I also attached the Power point presentation i delivered with my partner on this subject. please make sure you go through both materials properly. Both materials will give you references for sitting. Try as much as possible to relate some opposing stands of some other institutions on this matter. BUT MAKE SURE YOU PLEASE UNDERSTAND THAT YOU ARE CLEARLY ON THE SIDE OF THE LOCAL BUSINESS OWNERS ASSOCIATION AGAINST GRAFFITI.
SAMPLE ANSWER
The stands of the local business owners on Graffiti debate
Different people view graffiti in different perspectives. Some people in society view graffiti as a pollution, criminal and an eyesore. The way people perceive this defers and it is not a crime for them to have these opinions and views. The magnitude of this has been witnessed in the setting up of laws and legislations concerning graffiti. For instance, some of the cities such as King City are debating new anti-graffiti by laws something that is geared to elicit mixed reaction. This discussion develops its argument on graffiti from the perspective of the Local Business Owners Association. The paper deliberates on the arguments for and against this issue.
Graffiti are graphical sketches usually on vantage locations in urban centers. The proponents of these graffiti argue, it is their way of expressing their minds on various aspects that concern the society (Ken, 2006). They use this platform to send a message to the authorities on specific aspects in the society that they found not appropriate. However, opponents have claimed that individuals that have criminal records and not concerned about the welfare of the people do these.
The local Business Owners are important segment in the society that has their voice on the graffiti. This business owners association always advocates for the welfare of their businesses in various location. The fact that graffiti is associated with vandalisms and criminal is an issue of concern to this business owners association. Security is a key concern for many businesses in the urban centers and therefore, most of them are adamant about these graffiti (Arifa & Paul, 2008). Graffiti are associated with hooliganism and destruction. This is an act that is done mostly by youths and is carried out at night. This therefore, provides an opportunity for these youths to engage in criminal activities in the urban centers. Even if those that draw this graffiti do not commit crime, they necessitate criminal as criminal groups get an opportunity to engage in their criminal activities
Graffiti are as well methods that people my trigger an appraisal against the government or certain category of people. Many states face different problems such as youth unemployment, corruption, crime, drug abuse, poor leadership and such. This therefore, provides an opportunity for the youths to use them to trigger a call to an action. Government may face challenges in governance if these graffiti’s are used to trigger an appraisal against it. Graffiti are therefore a means of communicating certain ideas and thoughts (Banksy, 2005). People in a country will use this to begin an appraisal that may lead to disruption of the businesses. Political instability is a threat to businesses. During such moments, business loses lots of revenue through vandalism and hooliganism. Lots of property is destroyed and many of the shops are attacked. Doing business during such moments becomes a nightmare therefore; most of the local business owners association may not support these graffiti on grounds that they trigger violence among the citizens. They pose a threat to their business something that is not supported by many businesses.
Many business owners association would prefer other means of communicating rather than graffiti. The youths can voice their concerns to the authorities through formal means such as through discussions and meetings (Ganz, 2004). Using graffiti arouses emotions in the members of the public. When this emotion goes beyond their control, it results to destruction. The reason why most states are formulating anti-graffiti laws is to help address such concerns that lead to huge consequences on the economy of the country as a whole.
In some society, graffiti is accepted as part of the people culture. They are used as a source of expression or a source of culture and therefore, people views them positively (Alice, (2008). Such graffiti therefore are not emotive but depict the rich culture and the way people lead their lives. Such graffiti are not harmful to the business owners and therefore are embraced because of the facts that they showcase the culture of the people. Some still think are that graffiti are one of the ways of artistic expression and part of the urban culture (Koon-Hwee, 2001). Such arguments therefore, have made graffiti to be viewed positively. Still some of the states responsible for managing cities view graffiti as unlawful act. It makes the city look untidy and therefore oppose this form of art.
What makes graffiti art is the message they convey to the members of the public. When they convey positive messages that exemplifies on the values and cultures of the people, they promote unity and culture of the people. This is therefore viewed as an art. However, when they convey a negative message, or influence youths and citizens to up rise against the government to cause war and fighting then it makes it vandalism (Tierney, 2005). Messages that inform the public on important aspects such as good governance and corruption in society are important as they help to transform the society. However, if they are used to propagate crimes and vandalism, then it becomes apparent that they are perpetrating crimes and vandalisms. Therefore, this contributes to the considerations of whether the graffiti are appropriate “in place” or inappropriate “out of place” (Ella, 2007).
If these graffiti are out of place, various parties such as the leadership, business associations and other stakeholders will raise the red flag and require that immediate action is taken to avoid them.
Even though, these graffiti are perceived differently among the members of the society, it is important that an amicable solution is reached to ensure that these graffiti are not used to trigger conflict and crime but to promote values and cultures of the people. Those opposed and those supporting them need to come together and deliberate on the purpose of using graffiti. This will also help to alleviate misunderstanding between the members of the community. I do support the opposing stands of the local business owners about these graffiti’s especially if they are likely to promote violence and vandalism. Business owners have a reason to be worried about the safety of their business if these graffiti perpetrated crime and hooliganism.
References
Alice, F. (2008). How the Tate got streetwise, The Observer, Sunday 11 May 2008
Arifa, A., & Paul, V. (2008). “Graffiti: Street art – or crime?” The Independent, Wednesday, 16 July 2008.
Banksy, K. (2005). Wall and Piece. New York: Random House UK.
Ella, C. (2007). Framing [Con]text: Graffiti and Place” Space and Culture, 10:145-169.
Ganz, N. (2004). Graffiti World. New York. Abrams.
Ken, J. (2006). “When Aerosol Outlaws Became Insiders: Graffiti Art at the Brooklyn Museum,” NY Times June 30, 2006.
How to become a successful online master’s student
How to become a successful online master’s student
Order Instructions:
Dear Admin,
I need an essay in the following subject:
How to become a successful online master’s student? And discussing how you can work together to overcome obstacles? Sharing your thoughts about the value of participating in a global, online learning community and how you might go about this?
SAMPLE ANSWER
Becoming a successful online master’s student in this digital era is quite easy. The thought of enrolling for online studies is no longer challenging as numerous schools have come up to offer exceptional and world class education for online master’s students. Like other graduate students, it is assumed that the only way to acquire professional education and establish learning relationships is through the traditional class setup. While this assumption is not wrong,
it appears that the number of universities who are willing to provide professional graduate education that suites graduate learner’s needs and time schedule are very few. As a result, many graduate students are opting for online studies to develop competent professional skills. The advantages of online studies are numerous including flexible study hours, communication, faster learning and multitasking study with other activities.
For online master’s students to become successful, it is imperative to identify a suitable course and legitimate college or university that offers the courses they want to pursue. Protocols like fee payment and handing over certificates are required to ascertain student qualifications. It is part of online orientation before getting socialized to the online school. Once those procedures are done, your social presence can be felt in the online university. The social presence of the faculty and students is very crucial for effective online learning to take place asserts (Maddix 2013: 139).
To succeed, online students have to overcome many obstacles. To start with, they should set aside a quiet room, get connected with a desktop or laptop with electricity, in preparation for online studies. Selecting the suitable hours is another challenge that students have to overcome. Minimal interference and high concentration are required for successful online learning to take place. Computer knowledge is necessary, since online students will be expected to log in and out often. Virtues that will promote successful online matures students include self-discipline, persistence, flexibility, optimism, motivation and strong work ethics will greatly contribute to succeeding as an online master’s student. For online master’s students to succeed, they need to possess a high level of personal discipline. Unlike other graduate students, online students have to train themselves to attend lectures on time as lecturers are not anywhere in sight. Discipline is the organization, keeping time, completing assignments and forwarding them on time. Persistence is the ability to start and complete the online program without calling off classes at times. It involves following up sessions where students complete their thesis on time and assignments. Flexible online students can succeed as they work with their lecturer to come up with an agreement that suits both schedules. With flexibility, master’s students can study and still do other duties. Optimistic students have high expectations and this is part of online student’s expectations. With motivation, online students can study alone and still pass exams. Strong work ethics facilitates success in many ways. It is seen through hard work despite the long consuming hours of online study and through commitment to finish all assignments and attend lecture sessions without fail.
Online students overcome many obstacles through working together as a global online community. Global online communities are a part of the changing landscape of education. They come at a time when higher education is open to development of community learning as an effective and convenient way of accessing knowledge. Global online communities have many benefits for online students and lecturers. According to Shea and Pickett (2006: 155), they create a sense of purpose through fostering elements that help students achieve what is not achievable when on their own. Global online communities create social networking and opportunities for engagement and dialogue. While many traditional classes are expected to observe silence and only ask questions when necessary, online learners are free to interact and communicate with each other. In fact, lack of physical presence increases the need for communication thus establishing stronger relationships amongst different learners from all over the globe.
According to Maddix (2013:140) the effectiveness of online learning benefits students greatly as through such interactions students, develop significant relationships with the university, students, and peers. With the main aim of online courses being creation of communities that are learned, online education offers the globe an opportunity to create leaders and professionals in a fast and less timely manner. While many students in normal classrooms sit in rows or at the back listening to lectures, global online communities receive the first active online interaction and dialogue with their lecturers. This experience creates lifetime moments and sharing. With this experience, online learners are directed to achieve communal goals and collaboration.
Global online learning opens room for culture exchange and interaction across borders. Since global online learning is accessible for all students, it does not limit learners from any culture. Equal learning opportunities are given to all learners while exchange of cultures prevails. Global online communities created do not deal with issues of discrimination or prejudice but rather work to achieve similar goals through learning
References
Maddix, MA 2013, DEVELOPING ONLINE LEARNING COMMUNITIES,’ Christian education journal, 101, pp.139-148.Education research complete, EBSCOHOST, viewed 4 Dec 2014
Identify 3 of the major discrimination laws. How are these laws intended to protect employees? Are these laws necessary and effective, or instead do they restrict the manager’s ability to properly manage?
The following conditions must meet in the essay:
1) I want a typical and a quality answer which should have about 1100 words.
2) The answer must raise appropriate critical questions.
3) The answer must include examples from experience or the web with references from relevant examples from real companies.
4) Do include all your references, as per the Harvard Referencing System,
5) Please don’t use Wikipedia web site.
6) I need examples from peer reviewed articles or research.
Appreciate each single moment you spend in writing my paper
Best regards
SAMPLE ANSWER
Introduction
Various discrimination laws have been enacted to protect employees at workplace regardless of their terms or duration of their engagement. Both the employer and employee should be aware of these laws that regulate acts of discrimination at workplace.
Pregnancy Discrimination
This is one of the major discrimination witnessed at work. It involves treating a woman either an employee or applicant unfavorably due to pregnancy, childbirth, or medical conditions related to pregnancy. The Pregnancy Discrimination Act prohibits discrimination in any facet of employment; hiring, firing, pay, job assignment, promotions, layoff, training, benefits or redundancy (EEOC 2014).
This law states that a female employee who is temporarily unable to execute her duties due to conditions under this act, should be treated the same way as would any other temporarily disabled employee. It forbids harassment of a woman due to pregnancy, childbirth, or medical conditions associated to pregnancy. The act allows a pregnant woman to take a maternity leave (EEOC 2014).
Disability Discrimination
Disability discrimination is the treatment of a qualified disabled employee or applicant unfavourable because of their status. Disability is the physical or mental impairment of an individual. Disability can be due to a chronic condition that one may be suffering from, for instance cancer that is in remission. It is unlawful to mistreat an employee who is disabled or has a relationship with a disabled person, for instance spouse (Blanpain, Walgrave & Jacqmain 2014).
This law requires an employer to provide reasonable accommodation to employee or applicant with a disability, unless if the accommodation will cause undue hardship. A reasonable accommodation may mean any change that the organisation can make to favour a disabled employee (Ford 2014).
The act protects those related to employees with disability. It forbids discrimination when it comes to hiring, firing, pay, job assignments, promotions, layoff, training and any term or condition of employment (EEOC 2014).
Harassment of disabled employees is illegal in this act and any action that perceived to be offensive to such an employee. Disabled employees should be helped whenever necessary during their engagement (EEOC 2014). It is the employers’ responsibility to have in place measures which help in reporting and dealing with disability mistreatment situations (Ford 2014).
Equal Pay and Compensation
The act states that men and women who do equal work and work in the same workplace should be given equal pay. Work should be substantially equal even if not identical. This law requires that all compensations and benefits be equal regardless of race, sex or disability in same workplace and equal qualification (EEOC 2014).
Paying one gender more than the other is a big violation under this act. The employers are required to reward their employees equally in regard to the duties they have delivered to the company and not as per their physical, sexual or age differences (Mallory, Hasenbush & Davis 2014).
How are these Discrimination Laws Effective?
These laws are very effective to an organisation. The effectiveness of the laws largely depends on the management in the organisation. An organisation should put in measures to enable the laws to work. This responsibility rests squarely on the leadership and management of the organisation. Managers are the first in line when it comes to the implementation of these laws (Selmi 2014).
Some acts may not be seen as discriminatory by a majority of employees or applicants. Take for instance, a woman who cannot secure a job in a construction industry due to a perception that it is a male dominated field. Consider a scenario where a young lady is fired by her boss because the boss feels that she is ugly as a secretary. The manager hires another female secretary. Such acts constitute discrimination as the intentions and their outcomes can only depend on the employer decisions (Pattson, Sanders & Ross 2014).
Looking at the two scenarios, one concludes that in the first one the employer’s decision seemed overall though its result disadvantages women. In case two, the employer’s motive is unacceptable but not discriminatory to women as the vacancy was filled by the same gender (Pattison, Sanders & Ross 2014)
Impact of the Laws to managers.
The understanding of these laws by the managers in any company can greatly help them run companies with ease. When discriminatory acts exist in an organisation, managers get hard time to run the firms. Organisation’s management can be difficult if the discrimination laws are misunderstood. The aggrieved can file civil suits in law court negatively affect a firm’s reputation. It implies that the laws should protect those who are members of such organisations (Ford 2014).
An organisation consists of individuals with different strengths, abilities and capabilities. Managers may be viewed as discriminative when they assign some duties to employees they feel can deliver them well because of abilities and talents. Managers may fear reactions from the company about doing right things that may appear as discriminatory.
A look at Stemcor Company, London
Stemcor is one of the companies that has benefited by enforcing the discrimination laws among its employees. The company is one of the leading steel firms in the world. It has a bullying and harassment policy on employees’ portal. The policy states that the company shall not entertain any form of bullying or harassment. Equal opportunity policy of the company states that the firm is a discrimination free zone and the employer is an equal opportunity provider to all employees (SGEP 2012). This means that discrimination laws have had a positive role in the firm’s success story.
Conclusion
Discrimination laws are an essential tool in any organisation that visions success. Since their enactment, the laws have been introduced to a majority of business entities though their impact depends on the leadership and management of a specific company. It is the responsibility of those in managerial positions to ensure and ascertain that every employee understands and respects the laid provisions of discrimination acts.
Bibliography
Blanpain, R, Walgrave, J & Jacqmain, J 2014, Unlawful Employment Discrimination: A Discussion of Belgian Law and Related Issues. Georgia Journal of International & Comparative Law, vol.20 no.1, p.123.
Ford, RT 2014, Bias in the Air: Rethinking Employment Discrimination Law. Stanford Law Review, vol. 66 no.1381
Mallory, C, Hasenbush, A & Davis, GK 2014, Employment discrimination based on sexual orientation and gender identity in South Carolina.
Pattison, P, Sanders, DE & Ross, J 2014, The Squiggly Line: When Should Individual Choices Be Protected from Employment Discrimination? Southern Law Journal, vol.24 no.1, p.29.
Selmi, M 2014, The Evolution of Employment Discrimination Law: Changed Doctrine for Changed Social Conditions. GWU Law School Public Law Research Paper,
Stemcor Group Ethics Policy, 2012, Group Ethics Policy: Relationship with Employees
Using the attached information, you will prepare a Case Brief on a recent United States Supreme Court decision regarding the attached case. You must include the following sections: caption, facts, procedural history, issue, rule of law, holding, and rationale. The Case Brief must be 1–2 pages.
SAMPLE ANSWER
Salinas v. Texas
Caption: 133 S. Ct. 2174 (2013)
Facts: Police found two brothers shot and killed in their home. Upon investigation, the police found Salinas who accepted to be taken to the police station where he was question for approximately one hour. Both the police and Salinas had agreed that the interview would be noncustodial and the Miranda rights were not given. Salinas answered most of the questions but he kept silent when asked whether the shotgun would match the shells recovered at the scene of crime. However, Salinas continued to answer other questions asked. At his trial, Salinas refused to testify, over which the prosecution used his silence in response to the question asked by the police officer as evidence of his guilt.
Procedural history: Salinas received a conviction for murder by the trial court. The Texas State Court of Appeals and the Court of Criminal Appeals affirmed Salina’s conviction, rejecting Salinas’ argument that the use of his silence by the prosecution as evidence of his guilt was a violation of the Fifth Amendment.
Issue: Were the prosecutors in violation of Salinas’ Fifth Amendment rights against forced self-incrimination when they used his silence in response to police question as evidence of his criminality, even when Salinas had not invoked his privilege against self-incrimination, was not put in custody, and was not given Miranda warnings?
Rule of law: The Fifth Amendment to the United States Constitution provides that a suspect of crime has a right not to be forced by police officers and any other government officials into giving up evidence that has the ability of acting as evidence of his guilt. Following this prohibition against self-incrimination and prevention of coerced testimony by police officers and other officers of the government, the Supreme Court in Miranda v Arizona ruled that a person who was held by the police and whose freedom to leave was curtailed had to be informed of the right to remain silent.
Holding: The plurality decision was that the accused’s rights were not violated by the prosecution because he did not invoke the Fifth Amendment against self-incrimination in order to benefit from it.
Rationale: The two recognized exceptions to the invocation of the Fifth Amendment privilege did not apply in this case. The first exception is that a defendant does not need to take a position and assert the privilege against self-incrimination during his own trial. The other exception is that the failure of a witness to invoke the privilege can be excused if the coercion by the police or government officials made his forfeiture of the privilege involuntary. It is not disputable that the interview of Salinas by the police was voluntary. He admitted that he had a choice to leave the police station at any time and that nothing prevented him from stating that he was not going to answer the police officer’s question on Fifth Amendment grounds.
The Court did not adopt the third exception in which a witness remains silent and thus refuses to answer a question which police officers suspect would be incriminating. The Fifth Amendment only protects the right to remain silent if the silence is for purposes of avoiding self-incrimination. The reason of a witness’ silence is vague where there is no express invocation.
In concurrence, Thomas (joined by Scalia) argued that the calm by the defendant should fail even where he invokes the privilege due to the fact that the comments of the prosecutor on his pre-custodial silence were not compulsive to the defendant to give self-incriminating information.
Dissenting, Breyer (joined by Kagan, Sotomayor, and Ginsburg) stated that ‘no ritualistic formula is necessary to invoke the privilege’ and that it is important to consider the circumstances of the case. Accordingly, it was not necessary for the defendant to expressly invoke the privilege because the questioning was in the perspective of a criminal investigation and the police made it known to the defendant, who was not represented by a counsel, that he was a suspect.
The National Academy Of Sciences, National Academy Of Engineering, and Institute Of Medicine Of The National Academies have a more detailed and comprehensive set of ethical guidelines for scientific research:
Committee on Science, Engineering, and Public Policy (U.S.), National Academy of Sciences (U.S.), National Academy of Engineering., & Institute of Medicine (U.S.). (2009) On being a scientist: A guide to responsible conduct in research, (3rd ed.). Washington, D.C: National Academies Press. http://www.nap.edu/catalog.php?record_id=12192
Write a paper in which you discuss how you will ensure that all aspects of your doctoral research, from literature review to conducting research, to writing the dissertation manuscript will be done with care and integrity and will meet the ethical standards of scientific research. Reference the two publications above and at least five additional peer-reviewed articles.
You must justify all the steps you will take to ensure the ethical integrity of your dissertation project and not simply describe standard practice. You must show that you have your own clear set of ethical principles and that you know how to apply them to your work. You must do more than just paraphrase ethical guidelines. You must explain specifically how you will apply published ethical guidelines and concepts to what you will do in your research (as you envision it at this point).
Be sure to address the following:
• Plagiarism
• Risk assessment
• Informed consent
• Privacy and confidentiality
• Data handling and reporting
• Mistakes and negligence
• Working with a Mentor
• North central University requirements for IRB approval
Conclude your paper with your thoughts on the following statement:
Ethical scientific researchers have a commitment to all who are touched by their research—participants who share their lives and time, mentors and advisors, reviewers, future readers, and supporters and cheerleaders on the journey—to take care and do their work well.
The structure of your paper should be as follows:
Title page
Body (10-15 pages, no more or less; APA Style; use appropriate headings for organization of the paper)
References (APA Style)
Learning Outcomes:
4. Integrate knowledge of ethical practices with principles of professional practice as it applies to specific scenarios within the student’s academic discipline and specialization.
SAMPLE ANSWER
Research Ethics
Introduction
Research is an explorative activity that is undertaken for a range of reasons, though they all stem from a need to collect evidence that either supports or rejects a supposition. For students, research acts as an opportunity to accomplish their academic requirements, especially with regards to the application of their theory in practice. In this respect, the decision to complete an academic research is one that could have grave implications for a student. The research process is cumbersome, often very expensive and time consuming (Israel & Hay, 2006. For instance, the students would need to conduct extensive literature reviews, spend considerable sums in collecting and analyzing primary data, and spend considerable time in presenting the final report. Thus, if a student undertakes a mediocre research that is ultimately rejected, then they would have wasted more than just their time and money. Besides, the student must understand that the research process would require them to be very disciplined and patient. The research process – beginning with developing a research question, developing an appropriate methodology, conducting an extensive literature review, preparing a proposal, and so on – is daunting, requiring that the student be disciplined, have integrity and care for the research (Oliver, 2014). Therefore, researchers must ensure that they observe some ethical standards even as they maintain the integrity and higher levels of ethics in the research process by exploring the research core values in the real world setting.
As earlier mentioned, the research process is a formidable undertaking. Adding to its daunting nature is the need for researchers to observe research ethics in the whole process. Granting that the trustworthiness of a research report has usually been a subject of debate, its value can never be overestimated (American Psychological Association, 2014). Literature on the topic of research ethics shows that it is a normative matter whose observation is left to the studies in the form of ethical values. Ultimately, the study is expected to respect others, be trustworthy, open, objective, fair and honest in the course of conducting their research. It implies that if a researcher violates any of the values then their research would be considered unethical (Committee on Science, Engineering and Public Policy, National Academy of Sciences, National Academy of Engineering, & Institute of Medicine, 2009). For instance, if the research applies questionable research practices such as falsifying and fabricating data without informing the audience then it can be construed as having used unethical practices. A researcher intent on carrying out ethical research faces four key challenges. Firstly, how they would manage the information and data collected in the study. Secondly, how the government legislation affects their research approach. Thirdly, how the community views their research. Finally, how the participants and subjects see the study. In the long run, participation is moderated by the anticipated research benefits (Sales & Folkman, 2000). In this respect, research activities are governed by a set of ethical codes that may be intangible, but are still clear in their implications.
Extensive investigation has been conducted on the subject of research ethics. Most of the research has been with regards to ensuring that the participants’ identity is protected by a confidentiality agreement, anonymity is maintained, privacy is observed, dignity is maintained, the process is conducted with honesty, harm is prevented, and justice is done. Even though there is ample literature on the subject of research ethics, particularly academic integrity with regards to researches conducted by students, a more comprehensive, nuanced and holistic approach remains unexplored. Thus, there is very little acquiescence by students as there are minimal enforceable ethical standards associated with academic research (Mertens & Ginsberg, 2009).
Stark (2012) pointed out that research risked losing its value if ethical principles were not observed, acting irresponsibly and being disrespectful. Research ethics is a multidimensional subject that touches on dishonesty and unethical research practices. Although institutional review boards (IRB) have become an integral part of any research, there are researchers who argue that the boards are little more than figureheads since research ethics is a complex subject. The boards cannot guarantee that the research has been conducted ethically, even though they try to weed out unethical practices. In essence, the absence of a universally accepted and articulated set of ethical principles exacerbates the problem of applying ethical standards to research activities. Consequently, given the close association between all the research participants – such as the researchers, participants and community – there is a need to clarify research ethics, and ensure that researchers do not get an ambiguous understanding of the subject. According to Emanuel (2008), the process of obtaining approval from the IRB is a frustrating exercise. It is because knowledge of the subject and needs to be varied considerably. Regardless, ethical principles boil down to three primary aspects. Firstly, avoiding all harm against the community. Secondly, being open but keeping any identifying information private. Finally, ensuring that the trust level of the community is maintained (Emanuel, 2008).
Undertaking a postgraduate degree in any subject requires some level of determination and a will to succeed. As part of a degree, students will be needed to conduct a project that includes primary research where they collect both primary and secondary data and subject the data to analysis that points out data trends. It implies that the student must have the innate strengthen and determination to pursue their degree. The students are expected to conduct extensive data collection, analysis, and presentation. It is often a demanding task requiring observation of stringent directions and formats that are not guaranteed to produce the desired results. Most disturbing is the fact that some students are folding to the academic pressure and opting to apply unethical practices in their educational activities. In fact, some of them conduct shoddy research, citing resource and time constraints as the reason for that. Still, students must understand that the major purpose of research is to influence policy by providing evidence to support or discount a particular decision.
Discussion
Plagiarism
Research transgressions have the latent adversely to affect the integrity of the research activity (Loue, 2000). The threat of plagiarism is real, and many research communities have dedicated considerable resources to ensuring that it is not practiced. A majority of them infer plagiarism to mean unoriginal work whose source has not been well acknowledged. Many assumptions are ascribed to their term, thereby making it difficult for researchers to assign a precise meaning to the term (Stewart, 2011). Using an internet search engine – such as Google, Bing and Yahoo, and so on – reveals that plagiarism has a lot of meanings to different, though the core of all the definitions points to the use of secondary information without appropriately acknowledging the source of the information. All researchers – including students – are expected to understand the meaning of plagiarism, as a research term, and ensure that they prevent it in their research activities. Eventually, we realize that plagiarism is possibly the biggest source of concern for research activities. It is because different meanings are attached to the term yet any evidence of violations attracts substantial penalties that could include failing the course. Most students who plagiarize in their reports often argue that they were either under considerable stress or not careful enough thus ended up being careless when preparing the report. Even with the measures in place to counter plagiarism, the problem persists and is anticipated to remain for the foreseeable future (Loue, 2000).
The problem of plagiarism among research is a persistent problem with students often being the main culprits, although the repercussions have often being a successful deterrent against repeat offenses (Boomgaarden, Louhiala & Wiesing, 2003). The improvements in communication and information technologies have exacerbated by proving new and innovative ways for research to plagiarize without being caught or punished. The increase in publications and materials that researchers can access have complicated the problem. Plagiarism is a solvable academic problem; only requiring that the researchers properly format their publications and appropriately cite the source of information. Most students attract plagiarism penalties only because they failed to organize their compositions, mismanaged their time and did not proofread their work, thereby resulting in them ignoring some of the most fundamental citation mistakes. Still, there are researchers who intentionally plagiarize as a shortcut to completing their research (Piccolo & Thomas, 2012).
Solving the plagiarism problem among researchers requires concerted input from all the stakeholders, such as publishers, students, scholars, teachers, and schools. They must work together to ensure that all publications are professionally conducted and presented. Learning institutions play a role in the prevention of plagiarism by demanding that their students observe stringent ethical research codes and that detail what plagiarism denotes and the penalties for any violations. In addition, they would train students in the connotation of plagiarism and how it can be avoided, including testing for their understanding of plagiarism (Remenyi, Swan & van den Assem, 2011). Therefore, the academic community, particularly learning institutions, have the duty of making sure that all students are aware of the nature of plagiarism and how to avoid it, including punishment in the case of apparent violations.
If students are in doubt about the source of an idea or thought when they are conducting their research, then it is incumbent upon them to conduct additional research and ascertain the origin of the idea. It ensures that they avoid unintentional plagiarism. Ultimately, the choice to avoid plagiarism is left to the researcher. Still, any student intent on conducting research should keep abreast with any research approaches changes and ensure that they apply the latest policies in their research activities. All publishers must also be held accountable for any of the materials they publish and ensure that the material is not in violations of plagiarism principles (Comstock, 2013).
Risk assessment
Risk assessment denotes to the process of examining a situation and determining whether it presents a hazard to the researcher, participants and community. Risk assessment is a pre-requisite for any research activities that would entail evaluating happenings that are expected to affect the research participants, researcher, and community. Self-assessment is part of the risk assessment. It allows researchers to ascertain any hazards that are likely to impact their research and change the outcome. Within the research design phase, the researchers are expected to identify the risk and put measures to ensure that the risk is controlled or eliminated. In research risk assessment, the research can pinpoint common risks that can disturb the study. Some of the most common research risks include reputations of both the participants and researchers, legal obligations, and financial constraints and accountability (Stewart, 2011). Mertens and Ginsberg (2009) pointed out that results fabrication, information sources falsification, and plagiarism were the most common risks in students’ managed researches. These risks have serious implications if they occur, and students have tried to avoid them. The researcher must also be aware that research risks are dynamic, having the ability to change as the research progresses. As such, risks assessment must be conducted at regular intervals with a risk portfolio included in the research process. Comstock (2013) noted that the risk assessment dynamics and changes entailed regular information collection, evaluation and sharing with the research stakeholders who include researcher, participants, peers, and mentors.
Informed consent
Informed consent implies that a participant makes a decision to either join or desist from joining a research study based on whatever information has been availed of them. It is guided by the need to remain truthful during the course of the research and respecting all the stakeholders. If the research misinform the participants or omits some information, they whatever consent the participants may have provided would be deemed as non-consensual. Ethical research points out that a participant should only be recruited into the study after they have reviewed all the pertinent information and make their decision voluntarily. The individuals who agree to participate in the research must be protected from any apprehensions and retaliations. The same applies to persons who were approached by refused to take part in the research activity. The prospective participants must be made cognizant of the research details such as the risks and research process since they could be a part of the study. The participants will then opt to participate or not based on the information that they have been given. Meanwhile, the researcher must also attempt to shield all the participants from harm that could take the form of physical or psychological harm. In the case of minors or subjects who are legally dependent, consent for the research must be obtained from their legal guardian before they can be allowed to participate in the study. The informed consent should be well documented and stored in a secure location (Oliver, 2010; Sales & Folkman, 2000; Stewart, 2011).
Privacy and confidentiality
Privacy and confidentiality are often misconstrued as the same concept. Although, the two concepts work in concert, they are not the same. Privacy is the control over the circumstance, place and time that an individual shares the private aspects of their life with others. It suggests that a person has the right to without private information about their lives, only revealing what they consider acceptable and to a select group that they have identified (Oliver, 2010; Sales & Folkman, 2000). For instance, a research participants can choose to deny a researcher entry into their home if they feel that the information that will be collected in their home is likely to include information that they have no desire to reveal. If to take another example, a Christian could refuse to have their interview conducted on the premises of a Buddhist temple citing religious belief differences.
On the other hand, confidentiality encompasses protecting an individual’s privacy. In this case, the person who has been given the private information must observe privacy principles and only disclose the information after receiving express permission from the information source (Oliver, 2010; Sales & Folkman, 2000). For instance, a doctor should only disclose test results after they have received consent from the patient. It is expected that an individual will not disclose private information short of first getting the express permission to do so. An individual’s right to privacy is not negotiable. In fact, it is part of the bill of rights contained in the constitution. Information obtained from individuals must be kept confidential at all times, and only used for the original purpose for which the information was gathered (Stewart, 2011). For instance, if a researcher gathers information to determine how many individuals use a particular brand of soap, then they cannot use the same information to racially profile their participants unless they have received consent to do the same.
Within the academic community, confidentiality is applied as the participants’ reassurance that they are engaged in an ethical activity. Researchers usually avail a confidentiality agreement as part of the informed consent with the assurance that they will diligently observe the agreement. It helps in building a trust relationship with the participants (Stewart, 2011). There are no professional bodies to ensure that confidentiality agreements are observed and the participants’ privacy rights are respected, but the potential implications of trust being lost as a result of violating the confidentiality agreement ensures that researchers observe it. Failing to observe the confidentiality and privacy concepts have also caused researchers to face legal difficulties as participants sue them for the same. The violating researchers end up being financially liable, facing embarrassment, being physically and psychologically harmed, and even losing their jobs (Comstock, 2013). There are some statutory principles that protect participants’ confidentiality and privacy, such as Family Educational Rights and Privacy Act (FERPA). FERPA is a federal act that limits public access to the academic records of students that are held by education institutions. These records can only be accessed after receiving written permission from the students, their guardians or their legal representative (Howard, McLaughlin & Knight, 2012). Another statutory principle is the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is a federal act that protects patients’ information from unauthorized access, mentioning the instances when third parties can access the information (Howard, McLaughlin & Knight, 2012).
It is incumbent upon the researcher and convenient that they observe all privacy and confidentially agreements as stated in the informed consent form. Although errors and lack of judgments could be occasionally expected, the researcher must exert considerable effort to guarantee that all data is protected and applied as stated in the confidentiality agreement. They must observe all the established principles regarding research practices and activities. It will limit and prevent any accidental abuse of the participants’ confidentiality and privacy (Comstock, 2013).
Data handling and reporting
The research process entails collection, reporting and handling of data. If it is undertaken correctly, then the research process can be guaranteed to be legitimate. Research involving human participants (subjects) will require approval from the IRB before the research can proceed. Every institution that is engaged in conducting human study is necessary to have an IRB that is mandated by the federal government to guide the research process and ensure that no human violations occur. It also applies to research on human behavioral patterns. Researchers are expected to ensure that even as they carry out the research activities, they remain sensitive to the well-being of the human participants. Data handling must follow all the IRB stipulations since mishandling could have an adverse impact on the research outcome (Emanuel, 2008). Every education institutions have a set of principles that students must observe when handling research data. Data validity or invalidity is not only a reflection of the researcher’s inability to conduct the research, but also the institutions inability to track research they are supposed to be regulating (Stark, 2012).
Primary data collection can take either of four forms. Firstly, the data can be collected using structured questionnaires that ask questions with a list of optional answers included. Secondly, the research subjects can be observed in their natural setting and their behavior noted. Thirdly, the participants can be asked to take personal notes that are then evaluated to determine trends. Finally, the participants can be subjected to an interview that is then recorded using a tape recorder. The most significant feature of data collection is that the researcher must be consistent in their choice of methods. The same method must be used for all participants to ensure that the data is consistent and comparable. Ultimately, an independent individual should be able to replicate the same results (Emanuel, 2008; Stark, 2012).
Once collected, the data should be securely and responsibly stored, with unauthorized access prevented. It will allow for easy retrieval and referencing in the future. In addition, secure storage allows for pertinent and valid questions about the data to be asked in future research. Even as the data is stored securely, the researcher must have a contingency plans that allows them to recover the data in case of a loss in the primary data storage unit (Emanuel, 2008; Stark, 2012).
Mistakes and negligence
Research is not immune to mistakes and negligence. The whole process requires human input thereby introducing the possibility of errors being made. In fact, even the process of writing a research report challenges and creates some complexities for the researcher as some researchers have little to no experience with writing comprehensive research reports. Educational institutions have taken measures to reduce the errors by training students on how to conduct research and report their results (Stewart, 2011). Regardless, mistakes and negligence has not been entirely eliminated from the research process.
Research must eliminate errors from mistakes and negligence whether the research is conducted by a novice or an expert at research. Each researcher must ensure that their conduct is above reproach. Additionally, the panel that reviews the research process as it is carried and report before publication must ensure that the research meets the highest levels of standards and expectation. Even before publication, the report should be proofread and checked for common mistakes and negligence (Loue, 2000). Researchers who are found to have made mistakes and have been negligent should be punished for the same since it is incumbent upon them to ensure that the research has followed a rigorous process.
Working with a Mentor
Mentors are guides who review the research process and point out mistakes or make commendations. They facilitate the research process by ensuring that the research meets all the necessary requirements and guidelines (Comstock, 2013). Most educational institutions have a mentoring program that assigns prominent researchers to students who are carrying out the research. The mentor guides the student through the research, placing particular emphasis in ensuring that the research meets the institutional expectations.
There is no argument that a mentor is necessary for encouragement, expertise, and support. A student who has a diligent mentor should expect to complete successfully and defend their research before a panel of scholars. Additionally, it allows the student to gain the experience and knowledge that will permit them to be successful independent researchers. From as early as the research idea conceptualization to the final publication, a mentor guides the student at every step. Offering feedback and reprimands where necessary (Comstock, 2013).
Northcentral University requirements for IRB approval
The Northcentral University is an education institution. The federal government expects that an institution have an IRB since that is a federal requirement for any institutions that conducts research with human subjects. The institution has an IRB board that oversees all research activities in the institution by establishing research guidelines and ensuring that they are diligently observed. Essentially, the board conducts five primary activities. Firstly, it protects the privacy of the research subjects. Secondly, it guarantees the safety of the subjects and their data. Thirdly, it ensures that the subjects have signed an informed consent and were aware of what the research entails. Fourthly, it ensures that the subjects are selected randomly using a fair process. Finally, it provides that the subjects are not subjected to risks, with any risks minimized. In addition, the IRB ensures that the research is in compliance with all the relevant federal legislation concerning handling of human subjects and living matter. Before the research can be undertaken, the IRB must first approve the research proposal (Emanuel, 2008; Stark, 2012).
Conclusion
One must accept that research is a complex process, especially if it involves human subjects. If not diligently evaluated, the research can offer an opportunity for the students to be dishonest. The researcher must ensure that they diligently observe the ethical codes governing their research practice, including the principles set by their particular institution. Their failure to observe the ethical principles should attract stringent reprimands that deter such behavior in the future. Part of the principles should address plagiarism among researchers, assessment of the risks inherent in the research, informed consent, privacy and confidentiality, and data handling and reporting. Including a mentor in the research process will ensure that the researcher does not make any mistakes in the research process. The IRB provides additional reviews the context of ensuring that the research meets federal standards. Therefore, researchers must ensure that they observe some ethical standards even as they maintain the integrity and higher levels of ethics in the research process by exploring the research core values in the real world setting.
References
American Psychological Association (2014). Ethical Principles of Psychologists and Code of Conduct: Including 2010 Amendments. Retrieved from http://www.apa.org/ethics/code/index.aspx
Boomgaarden, J., Louhiala, P. & Wiesing, U. (2003). Issues in Medical Research Ethics. New York: Berghahn Books.
Committee on Science, Engineering and Public Policy, National Academy of Sciences, National Academy of Engineering, & Institute of Medicine (2009). On being a scientist: A guide to responsible conduct in research (3rd ed.). Washington, D.C: National Academies Press.
Comstock, G. (2013). Research Ethics: A Philosophical Guide to the Responsible Conduct of Research. Cambridge: Cambridge University Press.
Emanuel, E. (2008). The Oxford Textbook of Clinical Research Ethics. Oxford: Oxford University Press.
Howard, R., McLaughlin, G. & Knight, W. (2012). The Handbook of Institutional Research. Hoboken, New Jersey: John Wiley & Sons.
Israel, M. & Hay, I. (2006). Research Ethics for Social Scientists. Thousand Oaks, California: Pine Forge Press.
Loue, S. (2000). Textbook of Research Ethics: Theory and practice. Berlin, Heidelberg: Springer Science & Business Media.
Mertens, D. & Ginsberg, P. (2009). The Handbook of Social Research Ethics. Thousand Oaks, California: SAGE Publications.
Oliver, P. (2010). The Student’s Guide to Research Ethics. New York: McGraw-Hill International.
Piccolo, F. & Thomas, H. (2012). Research Ethics Consultation: A casebook. Farnham: Ashgate Publishing.
Remenyi, D., Swan, N. & van den Assem, B. (2011). Ethics Protocols and Research Ethics Committees. London: Academic Conferences Limited.
Sales, B. & Folkman, S. (2000). Ethics in Research with Human Participants – Volume 9. Washington, D. C.: American Psychological Association.
Stark, L. (2012). Behind Closed Doors: IRBs and the Making of Ethical Research. Chicago: University of Chicago Press.
Stewart, C. (2011). Research Ethics for Scientists: A companion for students. Hoboken, New Jersey: John Wiley & Sons.
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Defensive practice strategies the NP could employ to prevent a lawsuit
Defensive practice strategies the NP could employ to prevent a lawsuit
Order Instructions:
• Write a 5 page paper in which you present a case involving malpractice. This case may either be fictional or true. Identify defensive practice strategies the NP could employ to prevent a lawsuit relative to the case you present.
• Next, research malpractice insurance and clarify whether the NP would be covered and to what extent in the case you presented
Resources
Please review the following web resources:
Kleinpell, R. 2009. NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
The Agency for Healthcare Research and Quality (AHRQ) – Patient Safety Network
Quality and Safety Education for Nurses (QSEN)
The National Database of Nursing Quality Indicators (NDNQI)
Joint Commission – National Patient Safety Goals
SAMPLE ANSWER
There are many examples of medical negligence in Nursing Practice that is embodying the health departments a lot of money inform of malpractice claims. The malpractice in the medical arena is a crisis that is currently rapidly spreading across the Nursing Practice profession and bears a lot of relevance to the losses the Nursing Practice has incurred; as a result. One major aspect of the malpractice crisis is that explicitly includes the litigation against Nursing Practice centers as a target from the medical seekers (Graham et al. 2006). When a patient suffers damage harm in the care of medical professionals, either as a result of error, negligence, or a related malpractice, the hospital where that person received care may be held responsible for the losses that are suffered or pain that the patient endures in the medical practice center as a lawsuit for negligence. Hospitals are tasked with serving their patient needs and maintain their safety; but, sometimes, there is a compromise in patient safety due to the failure of the hospital to take the necessary processes in the prevention of negligence and medical error (Graham et al 2006). The instance in am considering in this paper is a nursing mistake as a result of negligence whereby the nurse fails to communicate the complaints, symptoms or concerns of the patient to the doctor or other professionals in the medical fraternity.
In the case scenario described above, it is a malpractice instance where the hospital negligence issue impacts both the nurse and the hospital, although mostly the nurse can be held liable. This is a scenario where the nurse was fully responsible to handle the situation since the nurse is the one who had the most frequent patient contact. The nurse was actually tasked to come in and conduct check-ins routinely, administer medications, feed the patient as well as administer small medications, or take some tasks like conducting x-rays, and much more services for the patients as required by the Nursing practice. In the case mentioned, the nurse failed to act in the way he was required and therefore he committed a medical error by failing to act in the manner that would have prevented harm to the patient, actually, in this scenario both him and the patient are liable and can face a law suit by the patient (Clark & Hankins 2013).
See, Nursing Practice physicians must comprehend and effectively communicate to their patients who are experiencing certain symptoms, conditions or have complaints to the doctor, since this is very crucial in managing their sickness since these nurses are usually involved in the first team that diagnoses the patients and then proceeds with the process of treatment, and are tasked with monitoring symptoms more especially. Therefore, having established that the actions of the nurse constituted medical malpractice associated with the Nursing Practice, it is crucial to identify the various defensive strategies the Nursing Practice could employ to prevent any possible lawsuit relative to the negligence case covered (Clark & Hankins 2013).
There are several instances when the Nursing Practitioners have been found guilty of nursing malpractice when such cases hit the courts and hence the hospital in this case scenario has to employ certain strategies that would avoid litigation as a result of unprofessional conduct of failing to communicate the symptoms, complaints and concerns of the patient the medical practitioner. After establishing that the nurse was in fact liable for the malpractice committed, the hospital can first avoid the costly and lengthy battles in court through settling the case because obviously the nurse, and the hospital, are clearly on the wrong here. Otherwise, the hospital or the nursing practitioner would have to consult their insurance company for malpractice to represent them in case the patient chooses to settle the case in court. All in all, the best approach that is suggested is to try as much as possible to settle the issue out of the court of law, and they should only be positive about the court route if they envision that they will have a substantial case before the court of law (Budetti 2005). If the client proceeds with the case, a presents it before the court of law it may impact the nursing practice in more than one fold. First, the reputation of the nursing practice will have been destroyed in the event the hospital losses, and actually by the look of the facts that are present, the hospital will most probably be on the losing end. The hospital might even suggest offering free medical treatment to the patient until the patient recovers fully from their condition, besides assigning a new nurse to handle the complaints, concerns, and symptoms to the doctor or healthcare professional (Budetti 2005).
The major function of the Nursing Practice Malpractice liability cover is to defend the nursing practitioner from being litigated as a result of legal lawsuits that come by as a result of acts of neglect, either perceived or real, in the roles they play as healthcare providers (Edmunds & Scudder 2009). Most of the Nurses and healthcare practitioners depend mainly on their employers, that are the hospitals, to cover them in times of legal trouble, and this often exposes them in ways in which the various personal malpractice policies would cover them. It is important that nursing practitioners only entrust their professional integrity to themselves, not to anyone else. Therefore all the cases that are liable for litigation are covered under the insurance liability of the Nursing Practice (Edmunds & Scudder 2009).
The case analyzed in the case scenario falls under the category of the cases that can be handled under the malpractice insurance that is defined under the Nursing Practice. This is because it satisfies the criteria of the issues of neglect that are outlined in the insurance act (Frazee & Grozel 2009). This is was a case of neglect whereby the nurse did not communicate the symptoms, complains and concerns to the doctor or a medical practitioner. It doesn’t matter whether the nursing practitioner did this intentionally, or they were implicated to have done it, what matters is that it was a case of neglect that was practiced by the nurse. The nurse and the hospital will, therefore, be covered in the insurance for malpractice in the Nursing Practice (Frazee & Grozel 2009).
It is clear that all the four elements that are mentioned to prove that the case qualifies to be classified as a case on nursing negligence. The first element is that the case must have involved the issuing the wrong type of dose or the wrong dose to the patient (Kleinpell, 2009). This element has to prove that the physician in the healthcare profession or providers had a duty to provide health care to a specified patient or patients. The second element that is clear from the case scenario is that the nurse or healthcare professional or the healthcare facilities failed to provide the standard of the designated medical care to the patient. The third element that is still applicable to this case to be successively classified as insurable under the insurance for malpractice in the Nursing Practice is that the failure of the nurse to communicate the complains, symptoms and concerns of the patient might have resulted to harm to the patient the nurse was attending to. The fourth and last element that the case described above satisfies so that it falls under the nursing practice insurance is that the patient can possible prove that there were damages which might have impacted his health negatively such as his ability to work, and implications on his finance. The case described above therefore is fully covered under the insurance for nursing malpractice insurance, and hence the appropriate insurance they are insured to shall guide them on how to proceed with the patient case in their hands (Kleinpell, 2009).
In conclusion, when a patient suffers damage harm in the care of medical professionals, either as a result of error, negligence, or a related malpractice, the hospital where that person received care may be held responsible for the losses that are suffered or pain that the patient endures in the medical practice center as a lawsuit for negligence. The case analyzed is a nursing mistake as a result of negligence whereby the nurse fails to communicate the complaints, symptoms or concerns of the patient to the doctor or other professionals in the medical fraternity. It can be avoided by settling it out of court, but, still it is covered under the insurance on nursing malpractice.
References
Budetti PP. (2005) Tort Reform and the Patient Safety Movement. JAMA.; Jun 1: 293(21):2660-2662
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Graham EM, Petersen SM, Christo DK, Fox HE (2006). Intrapartum electronic fetal heart rate monitoring and the prevention of perinatal brain injury. Obstet Gynecol. Sep; 108(3 Pt 1):656-66.
Kleinpell, R. (2009). NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
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This paper comes I two sections and each section must have a reference list at the end of that section, and in section B I will send the file to use to respond to the first question and for the second section, you will search online as mentioned by the prof to be able to complete that section. Please it is important to use proper APA and details are critical for this paper.
SECTION A (1.5 pages Minimum)
The Role of the NP in Improving Quality and Safety Conduct a literature search to locate at least one article that addresses the role of the nurse practitioner in improving patient safety and quality of care delivered. Once you have done this, prepare a posting in which you:
• Describe the role of the NP in promoting quality and safety in the U.S. health care system.
• Propose a minimum of three methods for the NP to ensure continuous improvement in the quality and safety of healthcare systems.
Include a reference list for this section right here before starting section B (4 references)
SECTION B (1.5 pages minimum)
National Patient Safety and the Role of the NP
After reviewing, please address the following in your discussion:
• Describe methods the NP will use to identify and prevent verbal, physical and psychological harm to patients and staff.
Next, search and review the AHRQ Patient Safety Network online
After reviewing, please address the following in this section:
• How can the methods you described above be integrated into the role of the NP? Propose new methods you feel can make an impact on national patient safety resources, initiatives and regulations. How can these add to the continuous improvement in the quality and safety of healthcare systems?
Include a reference list at the end of this section ( 4 references minimum)
Resources
Please review the following web resources:
Kleinpell, R. 2009. NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
The Agency for Healthcare Research and Quality (AHRQ) – Patient Safety Network
Quality and Safety Education for Nurses (QSEN)
The National Database of Nursing Quality Indicators (NDNQI)
Joint Commission – National Patient Safety Goals
SAMPLE ANSWER
Quality and Safety and the role of the NP
Section A
Nursing Practitioners are registered nurses whose contribution to healthcare facilities goes beyond the scope of a traditional nurse. This is because nurses have been known to act as subordinates to doctors when it comes to their positions in healthcare centers. This is made possible by the fact that their training and practical exposure is more advanced than that done by registered nurses. The position of Nursing Practitioner is necessary in the USA’s healthcare system because they play a major role in the promotion of quality and safety in the delivery of healthcare services. This is achieved through several roles that they carry out in their day to day operations (Haig et al, 2006).
Overseeing the management of chronic and acute illnesses through diagnosing, evaluating and managing their treatment. While general practitioners and registered nurses have the capacity to handle these ailments, it is important to note that the authority of registered nurses is limited while the skills of the general practitioner allow for superficial management. Nursing practitioners therefore bridge this gap (Montalvo, 2007).
Another role of nursing practitioners is the accessing and analysis of the historical records of patients as well as the conducting of physical examination to investigate the impact of acute ailments and the progress of their management (Cronenwett et al, 2007).
Nursing practitioners also order and perform diagnostic studies when these are needed. These diagnostics include MRI scans and X rays.
Nursing practitioners also take part in the prescription of medication for patients who have chronic or acute sicknesses. It is however important to note that there is a variance in the authority they have in doing this depending on the state they practice in (Hughes and Mitchell, 2007).
Nursing practitioners also provide healthcare advice to patients on how they can improve and maintain their health.
Methods Nursing Practitioners can implement to ensure continued improvement of healthcare
The first thing that nursing practitioners can do to improve the quality of healthcare is to document their work experiences so that others can learn from them.
Secondly, nursing practitioners can also formulate best practices which can be used in the management of chronic conditions so as to further alleviate the pain and suffering that these patients undergo.
The third thing that nursing practitioners can to in their effort to improve the quality of healthcare in the country is to lobby for legislative changes that will guarantee them more power to prescribe medication since they have the greatest deal of contact hours with these individuals.
References
Cronenwett, L., Sherwood, G., Barnsteiner, J., Disch, J., Johnson, J., Mitchell, P., … & Warren, J. (2007). Quality and safety education for nurses. Nursing outlook, 55(3), 122-131.
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse Practitioners
Haig, K. M., Sutton, S., & Whittington, J. (2006). SBAR: a shared mental model for improving communication between clinicians. Joint Commission Journal on Quality and Patient Safety, 32(3), 167-175.
Hughes, R. G., & Mitchell, P. H. (2008). Defining Patient Safety and Quality Care.
Montalvo, I. (2007). The National Database of Nursing Quality IndicatorsTM (NDNQI®). OJIN: The Online Journal of Issues in Nursing, 12(3).
Section B
There are three things that a Nursing Practitioner can do to ensure that the prevention and identification of psychological, verbal and physical harm to the patients and staff. The first of this is to work on the work environment. This environment needs to be defined through high levels of trust and respect. In such an environment an individual who has been harmed will confidently confide in someone on a position to help without any fear of his or her information being leaked. This trust can be achieved through teamwork training which will bolster trust not just for work but also for the social interactions between individual healthcare workers (Moote et al, 2011).
Secondly the Nursing Practitioner can achieve the prevention and identification of the different forms of harm through the development of a culture that does not foster or tolerate hostility in the work place. The main cause of hostility in the workplace is the aggressor feeling threatened unnecessarily. This tension can be reduced by making the working environment at the healthcare center relaxed with emphasis on the importance of bonding with one’s workmates. The ARHQ recommends the establishment of safety measures at different levels of the healthcare center’s management so as to create an organization-wide culture of commitment to safety (Nettina et al, 2013).
Last but not least, Nursing Practitioners can also employ the use of best practices such guidelines on how to avoid sexual harassment in the office. These best practices can be coupled with legal approaches which will help in ensuring that those who are found to have been harmful to others in the workplace face the law for their actions. It is important for the information about the different forms of harm to be placed in the contract document that employees sign as they start their employment. Their signing of these contracts binds them to the rules and regulations set by the employer or since it indicates their agreement to abide by the terms of employment. . According to the ARHQ, disruptiveness and unprofessionalism pose a grave danger to the patients. Physicians are therefore encouraged to behave in an ethical manner to ensure the safety of their patients (Frazee and Grozel, 2009; Haig et al, 2006).
Proposals
To improve safety and quality standards in healthcare, American nursing practitioners need to be going on ‘exchange programs’ to clinics and facilities in different jurisdictions and possibly other countries so as to expose them to different approaches to safety and quality.
Appraisals for nursing practitioners and other individuals working in healthcare also needs to be conducted on the basis of adherence to safety standards.
References
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
Moote, M., Krsek, C., Kleinpell, R., & Todd, B. (2011). Physician assistant and nurse practitioner utilization in academic medical centers. American Journal of Medical Quality, 26(6), 452-460.
Nettina, S. M., Msn, A. B., & Nettina, S. M. (2013). Lippincott manual of nursing practice. Lippincott Williams & Wilkins.
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The writer is required to use the same paper to add more information up to 8 pages.
for the first question I need to have two more pages of information with two more reference. For the second question I need five more pages and five more references.
SAMPLE ANSWER
Question 1
MEMORANDUM
TO: The Mayor
FROM: Planning Staff Member
DATE: November 25, 2014
RE: Possible Plans for a Publicly Funded Water Park
Given that the city is a tourist destination that draws thousands of summer and winter visitors to a variety of privately-owned amusement parks in the city’s immediate area, there is need to outline plans for a possible publicly funded water park in the city. A recommendation on whether the city should or should not move forward with the water park project will be based on merit (Philippe, 2009).
The arguments in favor of the publicly funded water park can be outlined as follows. Establishing a public funded water park will usurp corrupt and unfair city and government policies. This project will help to demonstrate that corruption can be managed through openness. Corruption has been a major menace to the economy as millions of money has got lost in the hands of few greedy individuals. Secondly, this is a step that will improve the access to the water park. Water is very important in the park and this project is an opportunity s as it will make it easier for the users of the park to access it. In addition, another positive outcome that will be a result of the publicly funded water park will result to improved efficiency and consequently water will be treated as an economic resource for the city as a result of the implementation (Philippe, 2009). This means that, part of the water will be sold to the people or visitors hence generating income that will be ploughed d in the other development area of the region. Establishing a public funded water park will be a solution to the deteriorating public water systems that are currently feeling the triple-pinch of the dwindled federal and local funds. Water is considered a human right and not a business enterprise and hence this project would be a response to the rising public concern regarding water service availability.
The arguments against also underline the fact that water must not only satisfy the use domestically but also serve agriculture and the industry. This argument arises from the aims of this project failing to consider the farmers that as well require this water for their farming. Farming is an important ventured that allows the people in the city to have food on their tables and therefore, it need not to be out of the equation. The points against are that water should be provided by the government since the appropriate incentives will encourage it to solve the looming crisis. The government has an obligation to ensure that it provides water and other essential needs to the people. Secondly, it is argued that water companies should pay accountability to their shareholders, and not conversely to the society and hence they will not seek to provide the water to all citizens (U.S. Geological Survey, 2005). Additionally, opponents of the possible plans to a publicly funded water park will argue that water privatization will impact the poor negatively, besides stating that since water is a universal human right, it can therefore not be privatized or sold to humans. People with low level of income are vulnerable if this water will be sold at a fee. They will not be able to benefit from the water projects and yet it is the obligation of the government to ensure that such individuals as well access to clean water. As the pressure to investment in sufficient water supply increases, this burden will fall on the public water utilities that service over 80per cent of the US population. The problem of these artificially low rate public water utilities will be witnessed in the city if the public water park plan goes through (U.S. Geological Survey, 2005).
There several groups in the city that are concerned with the concerns of water provisions will obviously take a side of the plan to a public funded water park; some of the groups will favor the plan while others will oppose this project (U.S. Geological Survey, 2005). It is expected that the opponents will demand that the idea to create public funded water will salvage the right to water for the city participants and hence the mayor should prevent any privatization forms of these essential resource. The group may also demand their participation in the project to allow them criticize on the areas that require more amendments. The groups that are expected to be opposed to the plan are numerous environment, community, labor and youth organizations, and will rally against this plan. There are groups that will be expected to be at the fore front of favoring the implantation off the plan for a public funded water park including NGOs, The World Bank, Private water companies and a large number of the public that are not aligned to opposition (U.S. Geological Survey, 2005). These categories of group that favor implementation of the plan will have their specific reasons. For instance, the World Bank would view this project as a solution to the water shortage in the region. It is an opportunity to uplift the living standards of the people in the region, as they will be assured of receiving water.
Techniques for measuring the revenue and costs of water will need to be implemented to ensure that the financial planning is done. The Non-revenue water (NRW) refers to water that is lost after production before the customer manages to use it. The NRW will be a typical measure of the ‘lost’ volume of water as net water produced share (Foshee, 2007). NRW has a variety of audits and components that will ensure that the costs and revenue of water are well documented for the public funded water park. The International Water Association (IWA) has come up with a comprehensive methodology for the assessment of the various NRW components, which are accordingly: authorized consumption that is unbilled; losses that are apparent as a result of metering inaccuracies and water theft; and the real losses accrued from the mains of transmission, facilities of storage, mains for distribution or service connections (Foshee, 2007).
A general cost-benefit analysis (CBA) of the plan for a public water park can be enumerated to find out the costs and benefits that are associated with putting in place a public fund water park. The benefits that are both direct and indirect will impact the consumers, the industry investors, the government and the environment (Foshee, 2007). The consumers will have a better access to water more reliably securely and recreationally; employment opportunities will be provided, and water for recreational use will be available then on. The investors in the plan will have revenue increases, reduced costs and will achieve improved margin of reserve. The city-level water markets will be integrated allowing sufficient scale in water provision. There will also be an indirect benefit for irrigation water for purposes of farming. Farmers will therefore receive water at a reduced cost helping them increase their farm productivity. The government and hence the city council will have reduced fiscal strain as a result of the reduction of water cost investments. Additionally there will be reduced environmental impact as deforestation will be dealt with through the growth of land cover has ultimately resulting to sustainable development due to the more efficient use of the water resource (Foshee, 2007). Government as well stands a chance to gain from the revenue to be gained as a result of income tax on the people that will gain employment to render various services relating to the water park (Laslo & Gurevich, 2014).
Notably, there will be cost to the plan to create a public funded water park. There will be displacement of people in large scale as the communities in the areas that will be used in the implementation of the plan will be forced to relocate (Deutsche Welle, 2011). There will be costs to the investment as a result of the high cost of the initial phase of the investment. The government and hence the city will incur high costs of setup associated with the installation of a new water park. They will have to cater for the costs of the human resources, raw material and the costs in refunding the persons to be relocated to pave way for the implementation of the project. Environmentally, the ecosystem will be disrupted, as the project will involve disturbance of vegetation and animal population; this is a danger to the destruction and possibly extinction of various plant and animal species (Deutsche Welle, 2011).
Industry reform will make it possible to use tools to identify the location and timeframe of the public fund water project. The tool that will be utilized is a project management approach that will apply a purpose-developed geographic information system in the streamlining of the installation of 50,000 meters in just 15 months – identification of properties, expenditure forecasting, installation scheduling, contractor workflow implementation, and obtaining the first meter readings (Deutsche Welle, 2011). This innovative IT project tool for management has been previously acclaimed with an award as a result of the installation of efficient water meters as well as the automation of thousands of transactions daily , reduced water waste and leakage, while reducing the cost of water metering by over 50 per cent. This tool is efficient and will ensure compliance in compact time frame through technology, leveraging the expert’s knowhow, meeting strict deadline, hence resulting to efficiencies (Deutsche Welle, 2011).
The groups that are anticipated to favor the projects are also expected to collaborate with the city on the project, and consequently those groups anticipated to oppose the project are expected to actively campaign against the project (World Bank, 2011). The groups that are expected to be opposed to the plan are numerous environment, community, labor and youth organizations, and will rally against this plan. They will especially use the costs identifies in the CBA as the frameworks for arguing against the projects. There are groups that will be expected to be at the fore front of favoring the implantation off the plan for a public funded water park including NGOs, The World Bank, Private water companies and a large number of the public that are not aligned to opposition. These groups will argue on the basis of the benefits of the project and will support the implementation to achieve the projections according to the innovative IT project tool for management (World Bank, 2011).
Since it is a public funded project there should be avenues for providing public input and dialog about the progress of the project. There are key consideration that should be put into place to ensure the involvement of the public, and consequently, the project management team should incorporate details on the involvement of stakeholders, identification and deliverance of message, developing a plan for public involvement, citing the requirements for the public involvement in the various capacities especially in compliance with the National Environmental Protection Act, as well as incorporating the techniques and tools for the success of the project (World Bank, 2011). The public input would be crucial in pushing the project on the required timeframes and satisfying the customer needs. A flexible approach should be implemented to involve the public in all the stages of the implementation through including them in the management teams. Inclusion of the members of the public in most of the stages of implementation of the project will help the project move on smoothly with less resistance. Members of the public will feel valued and appreciated if the project incorporates them in all processes of its implementation (Viesojo et al., 2013). The project will affect them and therefore it is critical that they are included in its implementation and management. The avenues that can be identified in this setting are all the employment opportunities from blue-collar jobs to documentation, to stratification to involvement in compliance teams and the project management team of course. This is a public project, and for every stage, there should be avenues for identification and involvement of public stakeholders (World Bank, 2011). Involving public stakeholders is a clear indication of openness and transparency and therefore cases of misappropriation of funds will not surface.
There are financial constraints and gains that would be effected by the water park. Much of the financial gains will be aligned in the elimination of water stress. As a result of the combination of problems, that include the growth of population, constrained supply of water and high poverty levels in the city, this project will assist the city from being hit hard by the water stress (Bosch et al, 2011). Resource-constrained and finance-constrained water stress which is part of many cities today will not be a trend that will affect the city. However, constraints will come in terms of the finances that will be channeled to the project leaving a vulnerability in the management of the health crisis of malaria, HIV/AIDS, TB, and now probably Ebola. These constraints may make the issue of the project lose its importance (Bosch et al., 2011). This is a heavy project that requires huge investments. For the project to conclude, it is expected to costs colossal amounts of money meaning that some sectors budgets will be reduced to allow for completion of this project. Lack of high professional staffs to implement the project may compromise of the project. The project may fail to meet the expectations leading to losses. Other constraints include, resources wastage due to inappropriate management practices.
There are various instances of research, evidence, figures and comparisons that will need to be considered for the project on the city’s behalf. The city will really need a water park due to the decreased reliance and safety of water;
This a project that will improve on the number of people that are accessing improved drinking water, especially compared with urban growth;
Fig: Urban population gaining access to improved drinking-water compared to urban population growth 1990-2008 (Economist, 2003)
Consider the case of water pricing for a majority of Southern Tasmania urban areas was based on land value. There was a Regulator requirement for two part pricing (service fee and volumetric consumption fee) by 1 July 2012. Therefore, 52,000 meters water meters needed to be installed. Project Management applying a purpose-developed Geographic Information System streamlined the installation of 52,000 meters in just 12 months (Economist, 2003).
I do believe that the information provided is sufficient in enhancing understanding of the pros and cons of the project. Information provided is credible and substantiated with evidenced based research. It is therefore, up to you to deliberate on this information and evaluate whether indeed the project is worthwhile or not. I therefore hope this comparison will provide a merit on the best move regarding the project.
Planning Staff Member,
Best,
References
Bosch, Christophe, Hommann, Kirsten, Rubio, Gloria M., Sadoff, Claudia and Travers, Lee (2011), “Water, Sanitation and Poverty”, Intussen,[Accessed November 25, 2014]
Deutsche Welle (2011), “Water is a Human Right, UN Says”, Deutsche Welle,[Accessed July 11, 2011]
Economist (2003), “Private Passions”, Economist Magazine, [accessed November 25, 2014]
Foshee, Jack, et al. (2007), “Thirsty for Change: Concidering Water Privatization in Developing Nations”, Columbia University, [Accessed November 25, 2014]
World Bank (2011), “Paraguay – Community Based Rural Water Systems and the Development of Village Committees”, World Bank, [Accessed November 25, 2014].
Question
Introduction
Recycling electronic wastes is one way of protecting environmental degradation. This practice goes on in many states in the world as it contributes to resource utility. Conserving environment has become essential across the world to remedy environment and to ensure that the future generations enjoy their lives on this planet. This discussion deliberates on various aspects including social, political, and ethical implications in this case study
Background on case study
In the case study, the leader has signed the law I authored on protecting the environment. However, the law has seen transportation of electronic waste to third world countries. These wastes are melted down in the countries exposing children and workers that melt them to hazardous chemicals. Some of the workers have died due to this exposure to chemical compounds. Land, water, and food supply have been contaminated exposing people lives at risk
Political implication
Political systems in a country are fundamental in shaping the laws and the way processes run. The government has the duty to ensure that it protects the people it serves by ensuring that they pass laws that are just and fair. Even though this bill was signed into law, it is apparent that it had some flaws that could be sealed. It is a law that supports environmental conservation but on the other hand, it fails to provide tangible information that will ensure that people does not misuse its loopholes (Fahlquist, 2009).
The law has various loopholes that contribute to these implications experienced. One of the loopholes is that it fails to state clearly the procedures that should be taken to recycle the products once they are taken out of the industry (Kidwell, Farmer & Hardesty, 2013). These procedures should state clearly the location the recycling should take place and the processes or procedures to be used. The law also failed to highlight the chemical inherent in the products and their impacts to the people that participate in their recycling (Fahlquist, 2009). This would therefore informed the decision of their recycling as people would not be allowed to take part in this processes. Further, it is apparent that the region the law was signed into law was initially unaware that their recycling will ultimately have a child-labor component in the third world. It is clear that the region does not have much authority to control what happens in the third world region since it is governed by a different legislation (Duke, 2010.). The political economy of a place plays a major role as per capita income in the determination of the child labor level in the region. Therefore, political implications of this is that the bill signed into law should be amended to specify the procedures and the processes to help avoid subjection of children and experiencing of these deaths in the third world countries.
The political implications are that the third world regions practicing child labor should be coerced to increase their prosperity levels because this will reduce the incidence of child labor the total workforce proportion. Child labor cannot be eliminated with just one political legislation that bans the exercise, it is argued the elimination of child labor may leave then at a worse of a position than they were. It is also clear that the political system in these regions is defective. We cannot therefore blame the legislation entirely because it is the responsibility of the leaders to ensure that procedures are followed during this recycling. The fact that law exists does not mean that it is effective until it is implemented in the practical terms. Furthermore, ultimately wealth cannot explain or determine the child labor incidence and proportion of children in the workforce and the hazardous exposure. It is actually a structural reflection of the local economy and although most of the time it is correlated with poverty, most of the time it is determined by economical local structures, production and finance, as well as cultural practices and norms (Duke, 2010).
The regions will need to involve their political tenets to stimulate economic growth to increase demand for adult, skilled labor and increased educational returns, besides incorporating measures to curb hazardous waste impact on the locals. It is all about government policy in these regions, exclusion of children from the formal sector setting does not imply they are precluded from working, nor does excluding industrial recycling from these regions increase the safety levels; it’s all about poor environmental and labor policing in these countries. This logic is hard to sink, and this may result to the third world region blaming it on the region that signed the legislation into law (Duke, 2010). The third world countries experiencing this problem have the obligation to as well come up with their laws pertaining tor environmental conservation when it comes to recycling used products. The law should address the loopholes in the laws of the country where these products come from. The law should indicate clearly the processes and procedures that require adherence, the age of persons expected to work in the recycling company among many other things. This will help to reduce the level of child abuses and deaths experienced in this country. By doing so, the political system should as well expected to incur some economic losses. The country even though has many children in these industries, it will loss revenue the children generate and therefore, it will face financial challenges that will require it to look for alternative sources.
Social implications
The practices experienced in this third world country as well have social implications. Actions of the company affected society on different levels and magnitude. It is unfortunate incidence that require urgent measures to ensure that the lives of many chidden and workers and members of the community is not put at risk. Society is for many years believed to be the center of the nation. Putting at risk the lives of the people is like killing the society. The fact that the company is helping in conservation initiatives through recycling, these practices have very severe consequences/implications (Mangla, Madaan & Chan, 2013).
The first implication is exposing the lives of people at risk. Children and workers that work in this industry are exposed to hazardous chemicals that affect their health and even cause death. The chemical compounds may cause some deformities or disabilities to these children and workers making them encounter complications in future (Mangla, Madaan & Chan, 2013). These complications will then require the family members and the government to spend colossal sums of money in treating them the implication here is increased future costs of seeking health care. The taxpayers who are the members of the society will be expected to pay more to allow provision of healthcare. The member of deaths is also likely to increase (Mangla, Madaan & Chan, 2013). This is a liability to the society; as such individuals would have helped to develop the economy.
The toxics that flow into waters bodies such as rivers and those left on land will have negative impacts on the productivity. They will also affect other users of this water in areas the rivers flows (Hird, 2013). The community members will therefore have to suffer as they may develop various kinds of diseases that would deter them from attending to their everyday activities. They will not be able to provide for their family and this is likely to lead to family wrangles and conflicts leading to separations or persistent conflicts that will make it hard to provide good care to the children.
Children working in these industries are not attending to school and this is a great implication on the education sectors, the society will have people with little or no education. This is a serious path this will have negative consequences in the future of the children and schools. A society without people that are educated has no focus and is preparing for hard times in future. The only solution is to allow these children to attend to school to gain skills and knowledge that will help them to lead a better life in their future. Furthermore, the child labor practices and instances of negatively impacting hazardous waste will change the lives of the third world locals by a very big proportion. These practices will result to significant financial losses as a result of health complications caused by the industrial activities. This will be a significant blow to this local economy (Lee, 2013). Surprisingly, workers will still work no matter the condition of the work environments and the impact they have on them, even for the child laborers. A National Hazardous Waste management Pan should be provided to these regions as a suggestion to improve the management of hazardous waste, while borrowing from the progress that has already been achieved by the local policy as well as the legislative changes that have been incorporated before this recycling efforts were introduced. These efforts will be targeted in enabling prevention collection, regulation, self-sufficiency, and legacy issues in terms of child labor, guidance and awareness, implementation of the suggested plan, and public consultation and involvement in any policies that will impact their lives by this magnitude in the future (Lee, 2013). This is a firm that generates negative externalities and that will need to consider its effects of its location on the surrounding population and social environment since their respective neighbors have a right to demand for compensation from the impacts of the hazardous waste as well as increase the transaction costs of location.
It is clear that the region that signed this legislation into law varies both in value individuals place on the environment and in the residents ability to organize socially. Firms like this one that process hazardous waste, when making a decision on where to expand capacity, should put into account the variations in the potential for the collective action against the negative impacts of the waste and the child labor instances (Lee, 2013).
Ethical implications
Practices and behaviors of individuals and entities are expected to uphold to ethical standards every time. Human beings are different animals from other animals and they must exercise their moral obligation well when making decisions pertaining to various aspects in their lives (Etzioni, 1991). Being in a position to differentiate between right and wrong is part of ethics.
In this case, scenario, it is evident that there are breach of ethics and this has a number of implications to various parties including the government, political systems, individual and the community members among many others. Allowing children to work in the factories is unethical. Children are protected by the law and do not require subjection to industrial or commercial practices (Guiltinan, 2009). This behavior needs discouragement. This violates the rights of the children, exposing children to such environment affects their psychological/mental abilities that is likely to impact on their development and perception about life.
Allowing workers to get exposed to these materials requiring recycling is also unethical. Such workers require appropriate protective gears to protect and prevent them from working in the factories without such gears. The implication of denying employees protective clothes increase rates of diseases, hospitalization and increased hospital costs. The affluent left to seep into water bodies as well as on land causes risk to the users of this water. This could be avoided because the act that harms others.
Furthermore, it can as well be argued that the issue discussed in the scenario involves three principles directly related to ethical issues regarding child labor and inappropriate waste management: protection beyond national borders; protection of future generations; and the burdens of future generations. Radioactive waste should be managed in such a way that it should make sure that possible effects of the radioactive waste on the human health and the environment beyond national borders is taken into account; part that the signed legislation failed to consider (Bogard, 2009). In regard to protection of future generations, hazardous waste should be managed in these third world countries in such a way that the predicted environmental, health and beyond impacts will not exceed the relevant impact levels that are acceptable in the third world region. This legislation signed into law, and unfortunately, it will result into a burden for future generations if not checked. It is a provision for the region that signed the legislation into law to assist the third world regions impacted by hazardous waste and child labor to manage the waste firm such that it will not impose burdens on their generations in future; at least they owe them that for a faulty legislation (Bogard, 2009).
The legislation therefore, has not considered the future of the people in the country and the future generations. The law seven though aimed at ensuring environmental conservation, it however seems tor makes the situation worse. These children and workers face risks of succumbing to death or failing sick because of the chemicals (Guiltinan, 2009). This are things that can be avoided and ensure that the workers work in a conducive environment. There is no effort by the government institutions to help the workers with protective gears even as they provide their services in these companies.
Conclusion
In conclusion, this case has provided an insight on how legislations that pertains to environmental conservation can be tricky and complex. Such legislations before becoming law it is important that they are scrutinized to determine their impacts on political, social and ethics. Political systems in place should scrutinize the bill and as well evaluate the impacts of the bill on these systems. Society is important unity and it must be factored when making such decisions similarly to ethical consideration. In this study, the political, social and ethical implications of the child labor practices and the negative impacts of hazardous waste exposure are manifold. The legislation needed to have put into considerations these loopholes before signing it into law. A collective effort from these regions to the third world countries where the impact is felt will ensure successful mitigation of these negative implications, fast forward even, the law might be pulled down if these trends cannot be contained (Bogard, 2009). Children face many challenges and risks just because of breaches and loopholes in the law that is supported to protect them. Environmental issue on initiatives needs to focus on the future generation. Parties should therefore play their roles with diligent and commitment.
References
Bogard, W.C (2009). Bringing theory to hazards research: conditions and consequences of the mitigation of environmental hazards. Sociological perspectives. 31, 147-68.
Duke, L. (2010.). Pollution Prevention and Hazardous Waste Management in Two Industrial Metal Finishing Facilities. Hazardous Waste and Hazardous Materials, 435-457.
