Dissociative Identity Disorder ( Mpd ) - 1170 Words

Dissociative Identity Disorder, commonly referred to as Multiple Personality Disorder, has been one of the more controversial diagnoses in psychology and psychiatry. On one side of the debate, many psychologists and psychiatrists believe the disorder to be an actual phenomenon that occurs in individuals that have suffered through some traumatic experience. On the other side of the debate, however, are the many psychologists and psychiatrists that believe the disorder is simply the result of a therapist’s suggestion and guidance. The present paper, therefore, aims to look into this debate. In particular, the paper discusses the criteria in which one is diagnosed with Dissociative Identity Disorder, explores the history of the disorder, and presents both sides of the controversy of the disorder. Dissociative Identity Disorder (DID), or Multiple Personality Disorder (MPD), has a seemingly long history. Some psychologists and psychiatrist reason that cave painting from the Paleolithic era depicting shamans changing into animals and embodying spirits is evidence of multiple personalities (Cohen 88). Written evidence dates back to as far as the 18th century in which talks of a 20 year old German woman who exchanged personalities with, that is adopted the personality of, a French aristocrat but was unable to recall this personality when later questioned about it (Cohen 89). The 19th century saw the works of Jean Pierre and William James in the discovery of a system of ideas splitShow MoreRelatedDissociative Identity Disorder ( Mpd )921 Words   |  4 PagesWhen most people think of mental disorders, many tend to think of depression, bipolar disorder, or even Post Traumatic Stress Disorder (PTSD). The one thing these three disorders have in common is they all can be associated wi th a disorder called Multiple Personality Disorder (MPD). A person with MPD â€Å"behaves as if under the control of distinct and separate parts of the personality at different times† (Bull). As research has advanced on the studying of MPD, researchers have deemed the official diagnosticRead MoreDissociative Identity Disorder ( Mpd )1813 Words   |  8 PagesDissociate Identity Disorder Marjorie Morales Troy University Dissociative identity disorder (DID), also known as multiple personality disorder (MPD), is still known today as one of the most controversial psychiatric diagnoses (Priya Siva, 2013). It indicates the existence of two or more identities or different personalities that repeatedly assumes control over the behavior of the person affected. In the majority of cases, dissociative identity disorder appears along withRead MoreDissociative Identity Disorder ( Mpd )2805 Words   |  12 Pages Running Head: DISOCIATIVE IDENTITY DISORDER 1 Abstract â€Å"Dissociative identity disorder (DID), which was formerly known as multiple personality disorder (MPD), is a disorder in which an individual has the presence of two or more identities or personality states† (Pais 2009, pg.1). Throughout this paper the reader will be provided with information regarding Dissociative Identity Disorder; a disorder that is truly as unique, and complicatedRead MoreDissociative Identity Disorder ( Mpd ) Essay1570 Words   |  7 Pages Dissociative identity disorder (DID) or Multiple Personality Disorder (MPD) is a mental illness where an individual expresses multiple personalities that may or may not be aware of each other. In ancient times, near the middle ages, DID was thought to be due to possession due to the fact mental illnesses back then had a supernatural theory attached to them. However, the DSM-5 has cleared up that theory and describes the actual symptoms and theories that appear within an individualRead MoreDif ferent Perspectives On Dissociative Identity Disorder1710 Words   |  7 Pageson life, sometimes even leading to Dissociative Identity Disorder. Even though Dissociative Identity Disorder has a place in The Diagnostic and Statistical Manual of Mental Disorders, the legitimacy of the psychiatric disorder is still a very much a controversial issue. In these two articles, â€Å"Multiple Personality -- Is It Mental Disorder, Myth, or Metaphor?† published in the Huffington Post website by Frances(2014) and Dimensions of â€Å"Multiple Personality Disorder† by Murray(1994) published by theRead MoreMultiple Personalities Disorder Analysis1037 Words   |  5 PagesMultiple Personality Disorders (MPD), or what has been re-classified, Dissociative Idenitfy Disorder (DID), is a deliberating and frightening illness for the DID individual; as well as their friends and family. The meaning of DID (Dissoiative Idenity Disorder) usually means that a person has more than two self-st ates or identities, which often times appear like entirely different personalities. When one is under the control of one identity, the person usually is unable to remember some of the eventsRead MoreMultiple Personality Disorder Essay1635 Words   |  7 PagesMultiple Personality Disorder Multiple Personality Disorder (MPD) is a mental disease that exists in about one percent of the population. Much research supports the existence of this disease and its origins, causes and effects on the people in who suffer with it. This essay will clearly define Multiple Personality Disorder along with a detailed synopsis of the disease itself. The diagnosis, alter personalities, different treatments and views will indicate the disease is real. The AmericanRead More Multiple Personality Disorder (MPD) Essay1153 Words   |  5 PagesPersonality Disorder (MPD) Introduction: Multiple personalities is a dissociative condition in which an individual’s personality is apparently split into two or more distinct sub-personalities, each of which may become dominant at different times. People with multiple personality disorder suffer from internal chaos, roller-coaster emotions and terrible memories. They also present confusing confusing and contradictory images to their family and friends. But in spite of all this, MPD is a treatableRead MoreMultiple Personality Disorder1415 Words   |  6 Pageswith a dissociative identity disorder or the popular multiple personality disorder (MPD). This differ from mild dissociation that all of us commonly experience. People who have this live a fairly complicated life. Sadly, people who have this experience traumatic physical, sexual or emotional abuse during their childhood. MPD is a severed form of dissociation from reality in which it reflects a person’s extreme lack of connectivity to the world he is in today with regard to his identity, thoughtsRead MorePsychiatric And Psychological Records Of Dissociative Identity Disorder1530 Words   |  7 Pagesaltogether in psychiatric and psychological records of Dissociative Identity Disorder (DID); previously called Multiple Personality Disorder. Dissociative Identity Disorder exists as a peculiar mental disorder in which a person possesses two or more evident and distinctive personalities. Through accounts like the movie Sybil, this disorder received much attention worldwide completely altering our previous ideas about Multiple Identity Disorder. The movie Sybil is based on a true story of a shy, college

Natural Law The Human Conception Of Justice Or Moral Right

Natural law can be defined broadly as a philosophical belief that the human conception of justice or moral right is common to all humans and derived from nature. However it’s definition has been highly debated across history and therefore different definitions must be used as to not misinterpret the ideas and principles of different strains of thought within natural law (Boucher, 2009, P.19). It is also very important to distinguish how rights are understood in natural law, which is another contested definition. Rights in terms of natural law are generally emphasise doing what is ‘right’ as prescribed by law. This focuses on duties and obligations to the common good, rather than individual universal rights garnered from nature. (MacKinnon in Boucher, 2009, P.11). Rights in natural law are formed on the basis of obligation to obey God’s law, as mere reason of itself cannot create obligation (Boucher, 2009, P.12). The differing perceptions of natural law expl ored here will focus on Sophocles, Aristotle, Stoics, Cicero, Augustine and Aquinas. There will also be brief reference to the overlaps between natural law and natural rights traditions, to show that obligations do not always take priority over rights. Primarily across the natural law tradition, obligations take priority over rights however this becomes less certain with the overlaps between natural law and natural rights, which need to be addressed. For example Mary Wollstonecraft who stressed the importance of virtue; aShow MoreRelatedLegal Positivism Over Natural Law Theory982 Words   |  4 Pagesdiscusses the conceptions of legal normativity, both moral and â€Å"strictly legal† conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the â€Å"strictly legal† concept of law. In Torben Spaak’s opinion, there is a rea son to desire legal positivism; he explains this through introducing the concept of jurisprudence. When discussing the nature of law, Spaak statesRead MoreThe Case Of The Speluncean Explorers1544 Words   |  7 PagesExplorers, written by Lon Luvious Fuller, comprises of a robust statutory interpretation discussion between natural law and legal positivism. In the context of natural law, naturalist follows that there is an obligatory connection between morality and the law. To put it simply, there is a moral obligation to ascertain the legal cogency of the law. In this case, Foster J follows a natural law approach as he believes that the conviction of each of the defendants should be set aside on the premise thatRead MoreNatural Law Enforces Human Rights907 Words   |  4 PagesNatural Law enforces human rights. When we look at abortions laws we see between a legal system based on the legal theory of natural law the law that comes from God s nature and inherent right and wrong as He defines it furthermore a legal system based on legal positivism (law is derived from whatever man says is law - no inherent right and wrong). Prior to the turn of the 20th century, legal philosophy from whence laws were derived in the Western world was based upon a natural law theory. ARead MoreUniversal Human Rights And The International Legal System1614 Words   |  7 Pagesclear from a prescriptive theorization of human rights and maintained a descriptive stance in which I have offered the naturalist description on the way in which we come to think of universal human rights and moreover, offered an explanation which confronts the problems of relativism that arises on the subject matter. Now I will attempt to give an account on how all things considered in the first two sections of my paper, we ought to think about universal rights relative to the international legal systemRead MoreThe Theory Of God s Eternal Law1382 Words   |  6 Pagessubsistent being. Since God is a subsistent being, all creatures, including humans, are â€Å"placed by him in existence† and they are therefore naturally oriented towards him. Because of this, â€Å"natural law is therefore defined as a participation in the eternal law,† and it is mediated by human reason and human inclinations—which participate in the divine intelligence. These inclinations enable people to participate in God’s eternal law because their nature has an internal movement towards self-fulfillmentRead MoreNeo Liberalism And Its Impact On Society1414 Words   |  6 Pagesadministrative reforms tending in the direction of freedo m or democracy. It also describes neo liberalism as, A modified and revived form of traditional liberalism one based on the belief in free market capitalism and the rights of the individuals. Liberalism Liberalism was an important concept but it also lost some of its importance in order to emerge as a new form. In the today’s world hardly any one speaks for the freedom and democracy which are primary values of liberalismRead MoreThe Distinction Between Natural Law And Legal Positivism Essay1747 Words   |  7 Pagesdeliberate, scrutinize and define the distinction between natural law and legal positivism. I will make distinctions regarding advantages and disadvantages of the definitions of the theories of natural law and legal positivism. By focussing on slavery as an example I will be looking at various theorists and their theories thereby attempting to make sense and find clarity in this regard. Furthermore to understand the aspects of natural law and legal positivism, one has to understand the theories ofRead MoreThe Need For More Justice By John Locke1608 Words   |  7 Pagesspecific conceptions of the human person. Annette Baier, a known â€Å"care ethics† poli tical philosopher, fundamentally aligns herself with notions of care ethics and consent in her piece â€Å"The Need for More Justice,† yet departs from Locke and critiques the social contract tradition when it comes to conceptions of the human person. Locke’s account of political power is dependent on consent.What distinguishes power for Locke is that political power, then, I take to be a right of making laws with penaltiesRead MoreThe Contributions Of John Rawls Essay5959 Words   |  24 Pagestroops visited the remains of Hiroshima, if profound effect on him. Later, he joined the Cornell University in Ithaca, New York, as assistant Professor of Philosophy. In 1962, he was given Professorship at Harvard where he published his ‘Theory of Justice’ in 1971 and was awarded the Phi Beta Kappa Ralph Waldo Emerson prize in 1972. He retired in 1991 but continued teaching political philosophy till 1995. In 1999, a National Humanitarian Medal was awarded to him by President Clinton and in the sameRead MorePolitical Theory: Comparing Locke, Rousseau and Plato Essay3770 Words   |  16 Pagessecure the advantages of civilized socity - men have the right to protect their freedom (killing if necessary) - bound by the laws of nature - contrast with hobbes: everyone has the right over everything, there exist no private property - Liberty to do as he will, but not harm others Purpose of government: - to secure the natural rights of property rights and liberty - we need law enforcers (soverign), we give power to one person and in doing

Project Management Written Assignment 1 Free Essays

2012-02-MAN-435-OL009: Project Management Written Assignment 1 1. Discuss the principal reasons why project management has become such a popular business tool in recent years. Business has changed in the past 20 or so years. We will write a custom essay sample on Project Management Written Assignment 1 or any similar topic only for you Order Now Products are being produced more rapidly and with the introduction of globalization competition has become more abundant. There is a need to become more customer focused but at the same time quicker to market while still reducing cost. Doing business the old way is just not cutting it anymore. Project management gives companies the ability to focus on many things at once without losing focus on their core business model. Processes become projects that have a start and finish and can be tracked and quantified from beginning to end. Projects also give the company the ability to become more innovative by bringing people from different departments together. This promotes fresh thinking and upsets the status quo which is a good thing. 2. Suppose that you are in charge of a production line. What is expected of you as a process manager? Now suppose that you are assigned the task of making a radical change to the production process. What then would be expected of you as a project manager? As a process manager you are in charge of making sure the day to day operation is running smoothly and that you meet your immediate quotas. You are also in charge of managing people. Managing people includes disciplining workers when need and conflict resolution. A process manager, especially on the production line level is not involved in big picture thinking and only needs to be concerned with what is happening in their department. If I were tasked with revamping the production line my day-to-day would change drastically. My main focus would less about the process and more about the project. Instead of managing people directly it would be more about managing the project and the conflict resolution would be more focused on how to make the team members work together for the common goal. The project would probably be more big picture oriented instead of focused on just the task at hand. More would be expected of me than just meeting quota. 3. Describe the basic elements of the project life cycle. Why is an understanding of the project life cycle relevant for understanding project management? The project life cycle consists of the conceptualization phase, the planning phase, the execution phase, and the termination phase. Understanding the project lifecycle is important because it is the base of all project management. You take one phase out and the project will fail. You cannot start a project without a good scope, or blueprint. The project lifecycle is set up so that you cannot move on to the next stage in the cycle without going through the previous stage. I also want to mention the termination phase. This is where you terminate the project and put together a document that explains the delays and fixes that helped the project come to fruition. 4. Compare and contrast the three organizational structures discussed in the text: functional, project, and matrix. Provide examples that show the difference between the three, including some of the advantages and disadvantages of each. There are three main organizational structure types used in business today. They are functional, project and matrix. They each have their strong points and weaknesses. I will list the strengths and weaknesses of each while comparing them to each other. The functional structure is based around having similar activities grouped into departments. An example of this would be an accounting department. The strength of the functional structure is that you have a group of experts located in one department which makes choosing someone with a certain expertise more efficient. The weakness to this structure comes when you try to allocate people to projects. Their loyalty will always be to their function which usually puts the project on the back burner. The project structure takes some of the stress of the project managers by making it so they don’t have to be second to a functional manager. They get full access to their own people and the loyalty is always on the project. The downfall to this structure is that they may have a lack of expertise. Especially since project structures usually go to external sources when needing a specific type of expertise. Therefore they lose that expertise when the project is completed. The matrix structure is good in that it combines strengths from both the functional structure and the project structure by placing the functional and project managers on the same level. The downfall comes when there is disagreement on where the resources should be best allocated. This structure involves more negotiating and politics than the other structures and takes a special skill set to be an effective project manager. How to cite Project Management Written Assignment 1, Papers

Nuclear Power Essays (1220 words) - Nuclear Technology,

Nuclear Power Nuclear Power Alexandra Fynke ISP 207 Entering the twenty-first century, six billion people inhabit the earth. A number that is expected to double in a hundred and twenty years, yet only 4% of that world population lives in the Untied States. Even though the Untied States is only 4% of the population of the world, it still uses 25% of the world's resources. This statistic is most important with the argument of food consumption, with so many countries starving, but it also means that the United States uses 25% of the world's energy resources. Coal and oil are a major energy provider around the world, particularly in the US. (See figure 1) Many countries without these abundances have turned to nuclear energy, due to its supreme effectiveness. Nuclear energy produces more energy per unit weight than coal and oil, releases no pollutants into the atmosphere and is less cancer causing than the burning of coal and oil. Yet nuclear power has been attacked in the US since the day that it was instituted as being a non-safe and env ironmentally non-friendly form of energy. Right now the United States does not have to worry about running out of fossil fuels for a long time, even though they generate 51.7% of the US's power, and power almost all forms of modern transportation. But what happens down the road, when all of the natural resources are gone? In many countries, such as France, nuclear power is accepted and welcome. Why is this not the same way in the US? The media and all forms of entertainment have misconstrued the facts of nuclear energy. Most people are sacred of nuclear power, the word unsafe is synonymous with nuclear power in this country, but time has shown that there is so reason for this feeling. Americans do not hold the facts on this issue. They have the unwarranted fears of a mass and free speaking culture. Nuclear energy is safe, clean, and effective. The voice that is heard among the people is that nuclear energy is unsafe to the environment. There should be no debate about the environmental concerns of nuclear power. If there is a nything that makes nuclear power unpractical it is government spending. Never the less nuclear power is the cleanest form of power for a rapidly increasing world population. Nuclear reactors produce electricity by the fission of uranium, not the burning of fossil fuels, not emitting sulfur dioxide, nitrogen oxides, particulate soot, or greenhouse gases. In countries around the world nuclear energy is the largest source of emission-free electrical generation. Making one million kilowatt-hours of electricity in a natural gas power plant produces 550 tons of carbon dioxide. Producing the same amount in an oil-fired plant makes 850 tons of carbon dioxide and 1,110 in a coal plant. But making one million kilowatt hours of electricity in a nuclear plant creates no carbon dioxide. Not only does nuclear energy not emit any pollutants, it is causing the average of pollutants that are let into air to decline. Since 1973, the generation of electricity by US power plants has resulted in two billion fewer tons of carbon emissions into the atmosphere. (See figure 2) Nuclear energy has accounted for 90% of all carbon emission reductions achieved by the electric utility industry. And the fact still remains that I gram plutonium has the same energy potential as 1 ton of oil. Another major concern for the environment is what to do with the waste of a nuclear plant. It is in this area that causes people feel that nuclear power is unsafe for the environment. The fact is that the waste is radioactive for thousands of years, and if not disposed of properly could destroy the environment. In some countries, such as France, the waste from the nuclear plants is recycled making a lower amount of unusable waste. This is not done in the US, but should always be an option. The waste is stored in huge drums impermeable to any type of disaster. As a result, the nuclear energy industry is the only industry established since the industrial revolution that has managed and accounted for all of its waste, preventing adverse impacts on the environment. Yet what

Administrative Law Coursework The WritePass Journal

Administrative Law Coursework Introduction-Source of Power Administrative Law Coursework Introduction-Source of Power[Question 1:]ConclusionOther Possible Claim[Question 2:]Conclusion Second ClaimConclusion Third ClaimAvailable Remedy [Question 3:]Claim OneClaim Two[Question 4:]BibliographyRelated Introduction-Source of Power In order to seek for the legality of an action taken by a public body, first, we may need to identify the source of its power. The source of the power provides the standard for the reviewing exercise. Generally the source of the delegated discretion for Public Law will be an enable Act, yet there are cases where it may be an Order in Council issued under the Prerogative. The fact sheet shows that the (fictitious) Traffic Control Act 2010 was imposed by the Councils, thus we may conclude that the source of the power in this case is by Public Law. [Question 1:] Amelia, who has been ‘prosecuted for breach of a 15 mph speed limit’, is likely to seek for judicial review on the ground that the decision taken by the Council is unreasonable. She may argue that she was driving through the ‘thinly populated docks area’ where the 2010 Act need not to be imposed. Hence she may also try to seek for quashing order against the prosecution during the application of judicial review. It has been some time that the basic test for reasonableness in English Administrative Law was driven from the Court of Appeal’s decision in Associated Provincial Picture House Ltd v Wednesbury Corporation (the Wednesbury case). Lord Green MR stated the authority’s decision might be open to attack because the imposed principle in the case was: â€Å"Not directing itself properly in law; not taking into account relevant considerations, or conversely taking into account irrelevant considerations; acting unreasonably; acting in bad faith; or acting in disregard of public policy†. Nonetheless his Lordship went on saying that it was important to bear in mind that Parliament had entrusted the local authority with the discretion to impose the law because of the belief of the area’s needs.Thus his Lordship suggested that the courts should not rashly intervened and quashed a condition imposed by such a body, unless such condition really did involve the element of unreasonableness. However, compelling evidence will be required to prove a case in such matter. Beside the Wednesbury Test, terms such as ‘Illegality’, ‘Irrationality’ and ‘Procedural Impropriety’ are identified by Lord Diplock from Council of Civil Service Unions v Minister for the Civil Service(the GCHQ case). As mentioned above, proving unreasonableness or irrationality will require heavy evidence provided by the applicant for juridical review. It should be that unless the unreasonableness in the case is so manifested which leave the court no choice but to step in without hesitation. Additionally the courts will consider not only the merits of the decision but also the ‘necessity and appropriateness’ of their judicial intervention. As Woolf LJ had explained: it was not for the courts to trespass the function of the local authorities simply because they disagreed with the decision. It is important for the courts to consider about the purpose behind the relevant legislation. Hence, the Seachester Council may defense itself on the ground that although the docks area may truly be ‘thinly populated’ but to certain extent, potential harms may still occur because of high speed driving. In other words, instead of considering only about the population, the main purpose of the 2010 Act is to have safety concern about the traffic issues in such area. On the other hand, the Council may have drawn a statistic map; and found the necessity to impose a traffic control measures in order to prevent further tragic or dangers. Under such accounts, it may be inappropriate to say that the Council has abused its delegated power and caused illegality. Conclusion With the Seachester Council defense, we may come to the conclusion that the court is unlikely to accept the applicant of judicial review made by Amelia. Other Possible Claim If Amelia’s claim involved issue such as the breach of her fundamental rights, there may be a possibility that other test beside the Wednesbury Test may be engaged. Nonetheless this is not the case here, thus there is no other alternative claim which Amelia can make. [Question 2:] Bertram may seek judicial review against Ruffborough Council’s decision for not imposing the traffic control measure on where he lives; an area which has ‘very high accident rate’ and required the Council to strictly imposed the law; otherwise irrationality/ unreasonableness will establish. As we had discussed above for the test of unreasonable/ irrationaland its principles, we had also come across the facts that the courts are reluctant to rely to interfere the decision made by the council. This is because otherwise they will substitute the function and power which the Parliament has entrusted to the public bodies. An example of this test can be seen in the case of Nottinghamshire CC v Sec of State for the Environment. Furthermore Bertram will also be asked to provide strong evidence to support his ground under the Wednesbury Test. In order to have a more effective claim, Bertram may try to have his argument based on the fact that his Article 8 of Human Rights Act (HRA) 1998 had been breached by the Council’s decision. Ever since the incorporation of the European Convention on Human Rights in the Human Rights Act 1998, the domestic courts began to have a strict application of the test of unreasonableness in cases which involved the issues of the citizen’s fundamental rights. In R v Secretary of State for the Home Department, ex parte Bugdaycay, Lord Bridge said: â€Å"†¦the court must†¦be entitled to subject an administrative decision to†¦more rigorous examination†¦according to the gravity of the issue which the decision determines. The most fundamental of all human rights is the individual’s right to life and when an administrative decision under challenge is said to be one which may put the applicant’s life at risk, the basis of the decision must surely call for anxious scrutiny.† Similar statement was expressed by Sir Thomas Bingham MR in R v Ministry of Defense, ex parte Smith. Bertram may now allege that without the appropriate traffic control, his family or just he will be under no protection against the high traffic accidents; the safety concern of where he lives is doubtful. By law, the public authority should exercise its rights to ensure that interests of ‘national security, public safety are well-maintained and made efficient prevention against crime, disorder for the protection of health, morals, or for the protection of the rights and freedoms of others’. Now, since Bertram has relied his case on the HRA1998, this means that the doctrine of proportionality will be considered by the domestic courts while determining his application of judicial review. The doctrine of proportionality stated that the action will be unlawful if it is inappropriate in its effect, or relative to what is required. R v Barnsley Metropolitan Borough Council, ex parte Hook suggested that English Law had recognized this doctrine for sometime as the offshoot of the unreasonableness test. Smith and Grady v United Kingdom and Lustig-Prean and Beckett v United Kingdom had became the basis for review when Convention rights were involved. The court found that prohibiting homosexuals to serve in the army forces had constituted a violation of HRA 1998 in the judicial review and had provided no effective domestic remedy in respect of the Convention rights. This was because the threshold set by the domestic courts for proof of irrationality was too high that it did not allow the applicants to gain their remedy. Furthermore Lord Bingham in A v Secretary of State for the Home Department 2004 said that under Proportionality Test, the courts should consider not just the behavior complained but also, they should also look for another way of proceeding which will not limit the Convention rights. If the answer is a ‘Yes’ then the behavior may not be proportionate. Nonetheless such wide assessment will involve judges to consider the merits and not just the process which may subsequently form more controversial issues. Until this stage, we may say that the proportionality doctrine has a lower threshold and it allow a court to balance conflict of interests. Thus if Ruffborough Council wishes to restrict Bertram’s human right then the restriction must be proportionate or no greater than it is necessary to be. However, House of Lords in R v Home Secretary, ex parte Brind refused to accept the proportionality doctrine as a separate and stand-alone head of judicial review. Lord Slynn in R (Alconbury Developments Ltd and Others) v Secretary of Stet for the Environmentt expressed his opinion: â€Å"Trying to keep the Wednesbury principle and proportionality in separate compartments seems to me to be unnecessary and confusing. In Alconbury case and R (Daly) v Secretary of State for the Home Department, it has indicated that the senior judges are like to simplify the law by using just the proportionality doctrine in all judicial review cases. Nonetheless for other cases in House of Lords, this approach is refused. The Court of Appeal in R (Association of British Civilian Internees Far Eastern Region) v The Secretary of State for Defense pointed out that proportionality is not yet ready to be adopted by the domestic law in cases which does not concern about European Union or the European Convention of Human Rights. Thus the traditional Wednesbury test remained as a correct test. Conclusion Despite the fact that the law is still developing and causing some controversies yet if we assume that the judge is willing to accept the proportionality doctrine in Bertram case, we may say that he has a chance of winning his case. This is because based on the arguments which he had mentioned and after considering the true nature or purpose of the 2010 Act, the decision made by Ruffborough Council may be deemed to be unreasonable or disproportion. On the other hand, such decision does violate his Article 8 of HRA 1998. Second Claim The 2010 Act clearly stated that the traffic control measure should be imposed on high accidental area. Hence when the Council failed to exercise its power Bertram may argue that it has failed to comply with the express statutory requirements. By logic, if such failure happened, it should be that the Council’s decision will be deemed as ultra vires. For Bertram’s case, the court will first consider both the general principles of statutory interpretation and the intention of the Parliament in enacting such law. In short, any public authority which has its statutory power exercised in the way which formed contradiction with the Parliament’s intention is going to have its action considered to be ultra vires (R v Pierson). There is a reasonable and logical ground for Bertram or the court to believe that the nature and purpose for the Parliament to introduce the 2010 Act is to prevent further harm, tragic and increase of the accident rate in traffic. Therefore when the Council failed to comply with such expressed statute term, it is obvious that its act contained illegality. On the other hand, by taking the account of European Convention on Human Rights when exercising power or making discretion, the public authorities are required to consider about the demands of the Convention Rights. The decision made by the public authorities will not be unlawful only if they are not able to avoid the incompatibility of one or more provisions of primary legislation. Otherwise their actions or decisions would be illegal for not upholding the Convention Rights. Conclusion As we have mentioned above, Bertram may argue that the Council’s decision has infringed his Article 8 HRA 1998. Thus if the court find the Council has no compelling defense or its decision has formed contradiction with the Parliament intention, it likely that such decision will be deemed to be defective. Third Claim Bertram was expected to be consulted with the Council yet he was not. Again we may say that the Council has failed to comply with the express statutory procedural requirements. As stated above, such failure may constitute ultra vires. Nonetheless we may need to identify if such requirement is mandatory or directory. Based on the fact sheet, we may say that there is a statutory requirement that the Council should have consulted with Bertram before making its decision and such requirement is considered to be invariably mandatory by the courts (Agricultural, Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms Ltd). The court in the case held that the scheme was invalid, as against the mushroom growers since they were not consulted. However the court in the case did not invalidate the whole scheme. Thus, if we apply the test of the Agricultural, Horticultural and Forestry Industry Training Board case, we may say that Bertram has a chance in succeeding his claim. Nonetheless the Council may argue that there is no right to be heard since there will be no difference to the outcome.   Support of this augment can be found in Glynn v Keele University and Another. In the case, the court refused to invalidate disciplinary action taken in respect of the student concerned, despite the fact that he had been denied a hearing. The court made such decision on the ground that no matter what he would say would be able to change the outcome. Ruffborough Council may argue that:‘†¦such bodies as significantly represent local communities†¦Ã¢â‚¬â„¢, as the 2010 Act has stated may have referred to the communities which concern more about the local residents’ live- hood issues/living qualities. In other words, Bertram’s association will less likely to be considered as ‘significantly represent local communities†¦Ã¢â‚¬â„¢. Nevertheless Bertram may claim that there was legitimate expectation in him towards the Council based on the previous promise or course of dealing. Like the applicant in t he case of AG of Hong Kong v Ng Yuen Shiu[47], Bertram may argue that he had a legitimate or reasonable expectation to the consultation since the decision made by the Council will eventually affect his interest. On the other hand, similarly with the applicant in Council of Civil Service Unions v Minister for the Civil Service, if there had been regular practice of consultation between the Council and Bertram on matters relating to the impose of legislation in Ruffborough, Bertram will then have a legitimate expectation of being consulted. Hence, when the Council failed to consult with Bertram, we may say that there is a breach of natural justice/legitimate expectation. Such breach may lead to the consequence that the decision made by the Council will be void since it is based on ultra vires. However to determine if a decision is truly ‘void’, the decision will be left with the courts. Available Remedy For his overall claims, if Bertram’s application against the Council is judicially reviewable, he may seek for mandatory order as remedy. The court will order the Council to fulfill its duties since it addresses wrongful failure to act. In short, the Council will need to draw a designated control area at where Bertram live and where it is suppose to be at Ruffborough. Failure to comply with such order will form as contempt of court and it will be punishable.   However if the statutory duties are drafted in a wide and vague terms, the court will not grant the remedy unless the compliance with the order can be supervised. Or, the order will not be granted only if the Parliament has supplied a more suitable alternative remedy. [Question 3:] If Clark’s application of judicial review is determined under the traditional Wednesbury test as we had discussed earlier, it is likely that he will lose his case. On the other hand, even though Clark may claim that his Article 8 HRA 1998 has been violated and thus his case should be justified under the proportionality doctrine, yet the doctrine is still controversial and is unlikely to be certainly applied by the English courts. Thereby we will need to seek for an alternation in order to make his claim judicially reviewable. Claim One The enforcement of HRA 1998 has made it becomes unlawful for any public authority to act in anyway which is incompatible with the Convention Rights. Therefore as a public authority is exercising its discretion, it will need to determine if its discretion has form contradiction with the Convention Rights protected by the Act. Such impact incurred by the Convention rights on the public authorities and the scope of judicial review remains in question but we may still have our expectation based on R v Secretary of State for the Home Department, ex parte Quaquah. Hence Clark may claim that his fundamental right has now been affected by the designated area created by the Council. Although it may be true that Clark’s interest has been affected by such legislation however if the court does not find the evidence provided by him has the sufficient ground which can compel with his argument, it is likely that Clarke will lose his case. The actions taken by the public authority can be declared as ultra vires when it has acted on the basis of irrelevant considerations In short, if the public authority has acted without necessary evidence to justify its decision or it is trying to achieve some hidden aim or goal by using a power not intended for the purpose, we may say that it has acted beyond relevant considerations. The basic theory regarded to this issue is laid down by Lord Esher MR in R v St Pancras Vestry. It is true that the public authorities will face difficult task of balancing one set of considerations against another and usually the courts are unlikely to substitute the public authorities’ view with its own opinion. To determine if the administrative action has been legally taken based on the statutory powers, the courts will first consider about the statutory interpretation and the intentions that the Parliament is trying to achieve when certain legislation is being carried out. Therefore if the statutory power has been carried out in the sense which has diverged with any general assumptions regarding to Parliament’s legislative intent, the action is likely to be deemed as ultra vires (R v Pierson). In Clark’s case, it is likely that the court will find the legislation imposed by the Council is to protect the public from as many traffic tragedies as possible. Between Individual’s self-interest and public policy, we may come to an assumption that the court is likely to guard the public policy rather than blindly favour the interest of an individual. Claim Two Clarke claims that the Council allowed the decisions to be taken by Antifume whom received commission to write a report. He may want to challenge the validity of that report. According to S 101 of the Local Government Act 1972, Parliament has stated that local authorities have very large scale of work ranges and duties. Therefore it is impossible for them not to continue their works with delegation of their functions to committees, officers or even other local authorities. However note that the final decision will still be made by the local authorities, and they reserved the rights to exercise their powers. Hence the courts may have an indulgent attitude to the delegation of functions by a local authority. In Provident Mutual Life Assurance Association v Derby City Council, the appellant challenged the validity of the notice issued by the respondent authority on the ground that the notice was made by the authority’s Assistant but not the Treasurer. The applicant’s argument was rejected. Therefore with the decision of Provident Mutual Life Assurance Association case as a guideline, we may come to the conclusion that Clark is likely to lose his claim here. Unless there is significant fault made in the procedural requirement as how it was indicated in R v St Edmundsbury Borough Council, ex parte Walton, otherwise the court will not find the Council’s delegation of power illegal. Conclusions Hence, with all the above arguments and discussions, it is unlikely that Clark will win his case. Therefore there will be no remedy available for him. [Question 4:] Dee may seek judicial review against the Council’s decision of to designate no ‘control areas’ just because the Council wants to save money and ‘as a matter of policy’. Nonetheless the Council may argue about its finance constraints. Generally, a public body must be acting in good faith and to exercise discretion properly. If these two conditions are satisfied, the courts will not intervene. Alternatively, the court will intervene only if the decision is illogical or suggest willful indifference (In R v North Derbyshire Health Authority, ex parte Fisher). However there are cases where statutory context should be concerned. When the statute is drawn in wider, more generalized, terms the court may be able to grant an authority some flexibility.As it was stated by Lord Woolf MR in ex parte Help the Aged cased that that once a need is mentioned, yet lack of resources cannot be relied upon as a reason for not providing the necessary accident. Nevertheless the House of Lords expressed that there were still other ways of providing a reasonable decision. However Lord Browne-Wilkinson said once the reasonableness became narrowed to how a local authority had decided to allocate scare financial resources; the local authority’s decision would be hard to review. â€Å"The court cannot second-guess the local authority in the way in which it spends its limited resources.† Hence, unless the 2010 Act does further stated that the law must be imposed regardless of the financial state of the local authorities, otherwise there is a possibility that the Council will have the flexibility not to impose the law. Or if the circumstances of the case are similar with R v Gloucestershire, the court will likely to alter the Council’s decision. If we presume that the court has decided to make an intervention, mandatory order may be granted as the remedy of Dee’s claim. On the other hand, when any controversial budget decision involves one’s fundamental human rights, the applicant could now claim that the decision is unlawful.   Hence Dee may claim that the decision will breach her Article 8 HRA 1998. With the similar theory stated in Question two, if the court found that the decision is inappropriate and does cause violation of Dee’s fundamental right, it is likely that her applicable will be judicially reviewable and mandatory order will be granted as the remedy. Bibliography [Textbooks] Michael T Molan. Administrative Law Third Edition. Old Bailey Press, 2005. A W Bradley., and K D Ewing. Constitutional and Administrative Law Fourteen Edition. Pearson Education Limited 2007. David Pollard., Neil Parpworth., and David Hughes. Constitutional and Administrative Law Text with Materials Fourth Edition. Oxford University Press 2007. Peter Leyland., and Gordon Anthony. Textbook on Administrative Law. Oxford University Press, 2005. William Wade., C.F. Forsyth. Administrative Law Tenth Edition. Oxford University Press, 2009. David Hoffman., and John Rowe Q.C. Human Rights Act in UK: An Introduction to the Human Rights Act 1998 Third Edition. Pearson Education Limited 2010. [Websites] Human Rights Act 1998: Table of Contents. legislation.gov.uk/ukpga/1998/42/contents Judicial Review of Administrative Decisions. http://administrativelaw.uslegal.com/judicial-review-of-administrative-decisions/ Wednesbury Principles of Reasonableness: The Law Revisited. http://legalperspectives.blogspot.com/2010/05/wednesburys-principles-of.html Logic Reasoning Though Law forceofdestiny.co.uk/Literature/Questor/Logic5.html Doctrine of Legitimate Legislation. shvoong.com/law-and-politics/1673788-doctrine-legitimate-expectation/ Fiona L, McKenzie, Barrister. Ground of Review. lawhandbook.org.au/handbook/ch21s02s06.php# What are Fundamental Rights? wisegeek.com/what-are-fundamental-rights.htm

How to Make a Marijuana Tincture

How to Make a Marijuana Tincture Making a marijuana tincture is an easy way to extract THC and cannabinoids from Cannabis. A tincture is an alcohol-based solution, used to extract organics from herbs and other plants. Tinctures are useful because they isolate certain compounds better than soaking or boiling herbs in water, the alcohol acts as a natural preservative, and medicinal tinctures often take effect more quickly than other administration routes, like eating, drinking, or smoking. Marijuana Tincture Materials A typical ratio of plant matter to alcohol would be 1 gram to 1 fluid ounce (35 ml) of alcohol. Up to 6 grams of Cannabis can be used, depending on your resources and how concentrated you want the end product to be. Do not use any other type of alcohol besides ethyl alcohol or ethanol (e.g., isopropyl alcohol or methyl alcohol), as these chemicals are toxic. Cannabis sativa bud, fresh or driedHigh-proof ethanolFlavoring (optional)Small glass jar with lidBrown or blue glass dropper bottle Everclear is a popular source of ethanol because it is so high in alcohol. 151 rum also works. Be sure to use food-quality ethanol, not denatured alcohol. Denatured alcohol contains contaminants that make it unsafe to drink. Lower concentrations of alcohol will not be as effective for the extraction or preservation. Basic Steps To Prepare a Cannabis Tincture Place the marijuana in the bottle.  Pour alcohol into the bottle, making certain to cover the plant matter.Seal the bottle. Place it in a warm location, out of direct sunlight.Give the alcohol mixture at least a day, but preferably longer than a week to soak. You can shake the bottle from time to time to ensure a good extraction of  the THC and other cannabinoids.Filter the liquid through a coffee filter to remove the solids and reserve the liquid in a dark-colored glass dropper bottle. Avoid using plastic, as the liquid may leach some undesirable compounds from the plastic into the tincture over time. Flavoring may be added to improve the taste of the tincture, if desired.A typical dose would be 3-5 drops, depending on how strong you made the tincture. Start with the minimum amount and see what works best for you. Fast Marijuana Tincture Recipe While the classic tincture instructions are fine, you can prepare a tincture much more quickly if youre willing to put in slightly more preparation time. Also, this method uses less source material (although the tincture is also less potent). This recipe produces an effective tincture in as little as an hour. The disadvantage of the method is that it uses heat, which can damage some of the many cannabinoids in Cannabis if you get carried away. Dont exceed the recommended temperature. Dry about 4-5 grams of a Cannabis sativa bud.Grind the material to increase surface area (speeds extraction).Bake the marijuana is a 240 F over (set for just under 250 F) for 30 minutes. This decarboxylates the matter, improving the extraction of desirable compounds while helping to eliminate unwanted chemicals. Both heat and alcohol can convert  the THCA molecules in the plant matter into active THC.Place the marijuana in 2 ounces of alcohol. Make sure it is covered and seal the container to prevent gas exchange with air.Place the container in a cool, dark location. The longer you allow for the alcohol to extract the cannabinoids, the more potent your tincture will be. You can watch the extraction progress as the color of the liquid changes from clear to green. Once the color is stable (up to 2 or 3 hours), filter the liquid using a coffee filter or cheesecloth. Of course, you can consider the tincture done sooner, but you may lose potency.Store the tincture in a dark glass droppe r bottle. While the alcohol preserves a tincture at room temperature, its fine to refrigerate it to further reduce the chance of mold or fungal growth. How to Use a Marijuana Tincture The ideal way to use this tincture is to apply drops sublingually (under your tongue). Use a few drops and then wait to determine the effect. Cannabinoids are quickly absorbed across the mucosa of the mouth into the bloodstream for distribution to the brain and other parts of the body. If the desired effect is not achieved after the initial dose, a few more drops may be applied.

Knowledge Management Plan for Dell Inc Case Study

Knowledge Management Plan for Dell Inc - Case Study Example Many businesses are rich in information or are able to create sufficient knowledge, but they fail to effectively share it with others or to utilize it for the overall benefits of the organization. Knowledge Management provides a management framework that helps create knowledge, share it with others and use it for the business to achieve its targeted goals (Christensen, 2003, p. 14). This paper is prepared as a report to be submitted to the CEO and management executives of Dell Inc outlining a Knowledge Management plan and useful KM strategies for the company to achieve greater competency in its business landscape. Dell Inc, a very successful fortune 500 company within few years, has recently implemented its ‘customization’ strategy for computer marketing with an objective of ‘collecting more accurate and reliable information from its customers’. This paper recommends a KM plan to Dell Inc to make use of information and knowledge that it gathers from customers to the overall benefits of the company. Knowledge is power. When it comes to a company, it is a powerful asset and critical factor to the business success. Many organizations have found effective knowledge management as an extremely useful management strategy that helps it adapt to the changes and modern requirements due to technological advances and helps gain competitive advantages. The KM is a recent development and new interdisciplinary approach to the Human Resource Management and it involves people, process and technology in an organization. This piece of research work presents a brief explanation of knowledge management and an overview of Dell Inc and it's business strategies to find an effective knowledge management plan for the company to help it gain better business outcomes.