Wednesday, November 20, 2019
US Supreme Court Decision AT&T. versus Hulteen Research Paper
US Supreme Court Decision AT&T. versus Hulteen - Research Paper Example Hulteen 1). The matter in controversy is clear, if the employer does not give an employee full pension benefit by excluding the time of pregnancy leave on the ground that when the employee took pregnancy leave, the PDA Act was not operative, Can the employee file a suit for discrimination? Can the employee enforce credited leave time for such absence? Can the employee get relief under U.S. law and enforce greater pension benefit? What is the present law with regard to this matter? To find answers to the above questions, a research and in depth analysis of the case in hand would surely prove to be of great help, as discussed in the latter context of the paper. 2. The Dispute Before proceeding further into the case, knowledge of the facts of the case is essential. The petitioner of this case was the American Telegraph & Telephone Company, whereas the respondents consisted of individual respondents in the form of Noreen Hulteen, Eleanora Collet, Elizabeth Snyder, Linda Porter, and the c ollective-bargaining representative of the employees, the CWA or the Communications Workers of America (AT & T Corp v. Hulteen 3). AT & T provided pensions and other benefits to its employees on the basis of seniority system, relying upon the term of employment, which was equivalent to service at the company minus uncredited leave time. For a period extending from 1960 to mid-1970s the employees on disability leave got full service leave but those who took personal leave, which also included leaves for pregnancy, received a maximum service credit of 30 days. The respondents of this case received less service credit for pregnancy leave than they should have received, if they had taken a leave for disability. Respondent Noreen Hulteen received seven months less credit, Eleanora Collet received six months less credit, while Elizabeth Snyder and Linda Porter received two months less payment. If the total term of employment was not so decreased, they would receive greater pension benefit (AT & T Corp v. Hulteen 2-3). The individual respondents of this case and the CWA filed charges of discrimination against AT & T with the Equal Employment Opportunity Commission (EEOC). After receipt of complaint EEOC issued a Letter of determination finding that AT & T had discriminated against Hulteen and similar class. The EEOC issued a notice of right to sue to the respondent and the CWA, after which Hulteen filed a suit in the United States District Court for the Northern District of California. Certiorari was granted by the Supreme Court on this issue to resolve a split between the decision of the Ninth Circuit on the one hand and on the other hand the Sixth and Seventh Circuits on the same issue (AT & T Corp v. Hulteen 3-4). Hulteen had to take the issue to the Court without negotiating a settlement due to the fact that she had to satisfy herself with considerably low pension than she would have received, if she would not have taken the pregnancy leave. The policy of AT & T Corp. will never have allowed her to enjoy the full pension benefits and she had to file a suit. The EEOC had to resort to a case, as it had to keep in mind the interest of the other workers. Finally, AT & T had to move to the Supreme Court, as it was not satisfied with the decision of the Ninth circuit. 3. The Procedure The suit never reached the District Court at the first instance. The individual respondents of this case and the CWA filed charges of discrimination with the EEOC, stating that discrimination has taken place on the basis of sex and pregnancy in violation of Title VII. The suit
Monday, November 18, 2019
2_Economics for Sustainability Essay Example | Topics and Well Written Essays - 3250 words
2_Economics for Sustainability - Essay Example Hundreds of millions of individuals might suffer water shortages, hunger and coastal flooding as a result of global warming. Scientists warn that if the world does not aggressively control climate change, the consequences will be disastrous. Carbon dioxide and other greenhouse gases are collecting in the atmosphere resembling a thickening blanket. The blanket traps the heat from the sun, thereby causing the earth to warm up (Houghton 2004, p. 30). Although temperatures vary naturally, over the past five decades, the average worldwide temperature has augmented at the fastest rate witnessed in history. Greenhouse gases emissions to the atmosphere emanates from the human activities. It is approximated that ninety percent of greenhouse gases emissions are human produced. Greenhouse gases such as methane, nitrous oxide, and carbon dioxide have caused much of the observed increase in worldââ¬â¢s temperatures. Failure to lower level of greenhouse gases emissions, especially carbon dioxide, will destroy the global economy (Maslin 2007, p. 15). As Weart (2008, p. 37) notes, life on Earth relies on energy emanating from the sun. Approximately half the light getting into the globeââ¬â¢s atmosphere passes via the clouds and air to the surface. The light is absorbed and subsequently radiated upward in the form of infrared heat. Approximately ninety percent of this heat is subsequently absorbed by the conservatory gases and emitted back towards the earthââ¬â¢s surface, which is warmed to a life supporting average of fifteen degrees Celsius. A layer of greenhouse gases principally water vapour and smaller amounts of methane, carbon dioxide and nitrous oxide act as a thermal blanket for the planet. The thermal blanket absorbs heat and warms the Earth surface. Scientists have come to an agreement that the primary cause of the recent trends in global warming entails expansion of the greenhouse effect by
Saturday, November 16, 2019
A Review On The Tragic Case Of Baby P
A Review On The Tragic Case Of Baby P In this assignment, I will talk about the baby P case. A distressing case of a 17 month old baby that was viciously beaten on many occasions as social workers, doctors and the police stepped back and watched as the young baby who was supposedly a child in protection died in a blood-spattered cot in 2007 spending most of his life being used as a punching bag. (Mail Online: 2008) I will also discuss what went wrong the failures that let this case down and some recommendations for what have been changed since to prevent this situation from happening again. Peter Connolly was born on the 1st of March 2006; he was a happy healthy baby boy. He attended regular check -ups in the hospital, showing no signs of major concerns. It was only 6 months after, on the 19th of September issues arose on baby Ps health when his mother brought the child to see the GP confirming that the child bruised easily and she was worried that claims would be made accusing her. The child was later brought back to hospital for check-ups presenting more and more bruising as the visits went on. In December 2006, doctors described these injuries as non accidental and grew increasing alarmed of the welfare of the child. (Baby P and the Care Quality Commission Report: 2009) At this point baby Ps mother was arrested on suspicion of assault and baby P was handed over to social services in care of Haringeys child protection register. (Mail Online: 2008) It was reported that baby Ps mother took part in a parenting centre. (Baby P and the Care Quality Commission Report: 2009) 26th January 2007: the child was handed back to his mother, after the case proved inconclusive in court, against police advice. (Mail Online: 2008) During a visit in March, Maria Ward, Case worker, became aware of a mark on Baby Ps face claiming that he bruised easily from a fall. The doctors verified this claim, ruling out the theory, unfortunately, this information was accessed by police and social workers after the childs death. 9th April 2007: Baby P was admitted to AE with injuries sustained to the head. He was later emitted from hospital without any discharge meeting and hands back to his mother without any worries by case workers. (Baby P and the Care Quality Commission Report: 2009) After missing appointments with health visitor, Paulette Thomas, Baby Ps mother was sent an appointment by child protection for a check up. During this check-up bruises were found on the child and his mother was arrested for the second time on suspicion of assault. Baby Ps mother was later released from Primary Mental Health Service and again was handed her baby boy. Cross agency meeting were called but the Haringeys lawyers insisted there was a lack of information for care proceedings to take place. (Mail Online: 2008) It was heard in court that on his final days, Baby P was smeared in chocolate and nappy cream to hide bruises or injuries from Maria Ward on her visit later on that day. It also heard that before baby Ps death he was scheduled to be assessed by Sabah-Al-Zayyat, a paediatrician. (Mail Online: 2008) Despite Baby Ps repeated cries of pain, the consultant missed both his broken back and ribs (Times online: 2008) She claimed she was unable to assess the child because he was miserable and cranky. (A short life of misery and pain: 2008) The trail heard that Baby P spent his last weekend with his natural father, where he noticed that the childs head had been shaved and that he was missing a finger nail. They also heard that on his final night Baby P received a harmful whack, knocking out a tooth, which was later found in his stomach. After all his suffering, He was found dead in his blood-spattered cot the next morning and police summoned to the Middlesex Hospital were struck by his mothers lack of emotion Even after her childs death she was more worried about finding her cigarettes before she left the house. She and her lover (who claimed to be toughing up the child for when he was older) were arrested without any delay. (Mail Online: 2008) What went wrong? Throughout this case there are many key aspects missing. A big aspect of the failure in this case was the lack of communication and of the team work and collaboration. A team of individuals, with vary backgrounds, perspectives, skills and training, who work together towards the common goal of delivering a health or social care service. (Dalikeni C: 2010) There was very little team work and sharing information between the services in this case. Services included in this case were the police, social workers, case workers and doctors. Information collected throughout this case by the individual services was kept to themselves and advice given by the various services was ignored. E.g. 19th September when Baby P first starting showing signs of bruising and his mother claimed that the child bruised easily, no further investigation into the concerns of the child were taken. This shows a lack of interest on behalf of the doctors involved in this case. Again in December when doctors proved that the childs bruising was non accidental and his mother was arrested, he was later handed back to her by social services in Haringeys child protection against the advice of the police. This was another failure through lack of communication between police and social services. No further check-ups or visits took place. (Baby P and the Care Quality Commissi on Report: 2009) In March, when Miss Ward became aware of marks during her visit she dismissed them as a fall, this information was ruled out and the report reached the police and social services after his death, this was 5 months after the claim had been reported. This proved that Miss Ward under analysed this case. This again was another communication failure between the services, this was through there inappropriate systems for communication or where staff did not adhere to processes for their particular organisations (Baby P and the Care Quality Commission Report: 2009) It was reported that when Baby P had been admitted to AE he was handed back to his mother without any discharge meeting taken place. This shows again the lack of awareness shown by professionals and also the lack of communication between the professionals themselves in the same services. In this case guidance was ignored when it was clear that the child had been sent to hospital by child protection due to concerns of the childs welfare, no meeting or discussion was taken place prior the childs discharge. In these cases a formal strategy should have taken place in the interest of the child. (Baby P and the Care Quality Commission Report: 2009) Team work is set in place for many different reasons e.g. joint responsibility, constant interaction with peers, support, different roles and relationships with service users and because most of the work in the fields of the health department, social work, police etc is more appropriate done as part of a team. This can only ever be effective if there is open communication, clarity in task, interagency collaboration etc, yet through this case many of these key points are missing. (C. Dalikeni: 2010) After the tragic death of Victoria Climbe in 2000, Haringey social services were critized over their failures to save her from child abuse, 7 years later they yet again were in the spot light for failing another child. (A short life of pain and misery: 2008) Although he was put in child protection Baby P died 8 months after. Even after his mother was arrested twice the social services still handed him back to his mother without any worries of his welfare or any acknowledgement of advice suggested by police.( Mail Online: 2008) The ladder of collaboration was taken into consideration when it came to agencies in this case. Step 7: Different agencies are invited to each others meetings this would have helped all agencies stick together with the same information and no boundaries would be broken and everyone would be clear on their position and what they were assigned to do. (The Reality of Collaborative working: Pg 247) A lack of details on the background of the case was taken, this caused a set back on the information getting appropriately to the different agencies. Child protection conferences are an idol way of professionals in this case of getting and sharing useful information for what was in the best interest of the child. It was evident that this was not the case in this situation, this is all shown through the lack of information on the case and it is also apparent that these professionals often didnt even show up at these meetings.(Baby P and the Care Quality Commission Report: 2009) Another issue that caused failures in this case was that a full background history of the child was not in the hospital on any occasion he was taken into hospital for his check-ups. (Baby P and the Care Quality Commission Report: 2009) Stage 2: Ladder of collaboration would have been useful here , while the child was being checked, another doctor or member of the child protection services could have taken an account of the childs injuries or any concerns (The Reality of collaborative working: Pg 247) This would show an indication of interagency collaboration through the reduction of overlapping on information already taken, Providing a share in the responsibilities and reduction of stress of members of the individual agencies. (Macklin 1991, Harris et al 1995) Haringeys decision to return baby P to his mother effectively handed the child a death sentence according to Mor Dioum of the Victoria Climbe Foundation (Mail Online: 2008) Recommendations When Miss Ward was o her home visit and seen that Baby P was covered in chocolate and nappy cream, instead of dismissing this, she should have asked for the child to be cleaned up properly before checking him. This would have helped her notice any marks or injuries the child may have had and were being hidden from her from the abuser.(Baby P Better Protection for vulnerable children Practical Recommendations: 2008) A big part of the failures in this case was the handing back of Baby P to his mother against any advice from the police. Social workers should have taken into consideration the advice and should not have been over ruled. After signs of abuse the child should be taken from the family and put into care to avoid any other risks to his/her health and welfare.(Baby P Better Protection for Vulnerable children Practical Recommendations: 2008) Unannounced/Surprise visits should be put in place. These check-ups would be idol for abusers that try hiding any signs of danger or injury on a child. This gives the social worker a better idea of the background of what the child is really going through. This also stops any time for explanations/excuses that the abusers would have to make up to cover themselves for any injuries the child may have.(Baby P Better Protection for vulnerable children Practical Recommendations: 2008) In this case social workers were more worried about keeping this family together instead of the welfare of the child. This should not be first priority, in the interest of the child is taken into consideration the child should be removed from the family if any risks should become a concern. Removing the child from the family in any abuse case is an idol way for the child to be safe and avoid any other injuries or health problems for the child. (Baby P Better Protection for vulnerable children Practical Recommendations: 2008) These are only some of many recommendations that should be available to the social services, medical professionals and also the police. This would help insure that children all around the world are safe and free from child abuse. Conclusion On conclusion to my easy, we have seen many tragic occasions of child abuse and how without any proper care this child was taken from the world earlier than he should have been. Hopefully now the social services, police and doctors can introduce more strict regulations to prevent any more situations more/less horrific as this one.
Wednesday, November 13, 2019
The Great Depression Essay -- American History
The Great Depression was a period from October 29, 1929 to around 1940, close to when the U.S. entered World War II. This period was an economic depression that was started by the Stock Market crash. Such a catastrophic time span has many different causes that can all relate and combine. The Great Depression had many underlying causes that started originated after World War I. A series of events, including the economic boom of the 1920ââ¬â¢s were contributors to the Great Depression. World War I came to an end in November of 1918, when the Treaty of Versailles was signed. This treaty ended the fighting and of many other results, it put the blame on Germany for the war. This resulted in Germany having to pay major reparation feeââ¬â¢s and put Germany in a financial hole. The treaty took away parts of Germanyââ¬â¢s land and made it impossible for them to use their natural resources to profit from. The amount that Germany had to pay back was more then they could, and this started a chain reaction for the transfer of money. In 1924, The Dawes Plan was signed into action and the U.S. became a creditor nation. Germany owed around 32 billion in war reparations. They were unable to pay this, so the U.S. loaned Germany money, with that Germany paid European countries War Reparations, and with the reparation money they received, U.S exports were able to be bought. This benefited the U.S. because the loans would have to be paid back with interest, and it let the econ omy experience a boost because goods were able to be exported. The Dawes Plan boosted the American economy, while facilitating other European countriesââ¬â¢ attempts to reestablish a stable financial state after World War One. This time period in the 1920ââ¬â¢s is referred to as the ââ¬Ëroaring twen... ...ted to drop on the Stock Market. Investorsââ¬â¢ worries were little at the beginning, but as it continued to drop, many investors started selling their shares. Eventually on Tuesday, October 29, the stock market crashed, as no buyers could be found at any prices for shares. This marked the beginning of the Great Depression (Gusmorino). The Great Depression was marked by the Stock Market crash, but in reality, its origins were able to be traced back to World War One. Many actions by the U.S. government, done to boost the economy, worked temporarily and gave America a period of great economic success. During this time, many underlying problems were ignored, and actions done to protect the U.S. economy, eventually ruined it. The Great Depression was not something that could have started as a result of one action, but it was a result of more than a decades worth of actions.
Monday, November 11, 2019
If I Could Meet Any Historical Figure Essay
If I could meet any historical figure I would chose to meet Rosa Parks. She is anà unbelievable inspiration and a great role model. She is also a great example for everyone that no matter what race you are, you should stand up for what you believe in. Rosa Parks is not only one of the most important people in Black History; she is also a great role model for women everywhere. If I was ever blessed to sit down and meet with her; I would ask her how long it took her to get up enough courage to refuse to move. Iââ¬â¢ve often wondered if she planned that out or if she did it as an adrenaline rush, spur of the moment kind of thing. If she had planned it out, I would ask her if she tried to get people to do it with her or if she wanted to do it by herself. What made her finally want to stand up for herself and do it? Next I would want to know if she had any role models her self and what she valued most in life. These characteristics are extremely important to me and in my opinion they show stability and strong sense of character. Itââ¬â¢s interesting to think about if she valued the same type of things like me because she seems so much more courageous. Then would be a good time to inform her on how much of a role model she is and how much of an impact she made in the world today. On the topic of black people who made great impacts, she would probably wonder who else was big in black history. It would be my pleasure to tell her about many the great names in black history such as: Martin Luther King Jr., Harriet Tubman, Angela Davis, Wilma Rudolph, Sojourner Truth, Madam C.J. Walker and Malcolm X. Hopefully she would find this information interesting. I would have loved to have gotten the chance to meet her and discuss all my questions with her. Iââ¬â¢m proud of her and I hope she can still see today what an impact she has made in American Black History.
Saturday, November 9, 2019
Seguro médico de viaje internacional para EE.UU.
Seguro mà ©dico de viaje internacional para EE.UU. Los turistas extranjeros no estn obligados por ley a comprar seguro mà ©dico internacional para viajar a Estados Unidos. Sin embargo, carecer de cobertura mà ©dica en ese paà s puede causar consecuencias econà ³micas y migratorias muy graves. Puntos Clave: seguro mà ©dico de viaje para EE.UU. Costo medio visita a Emergencias: $2.168 dà ³lares americanosCosto seguro mà ©dico de viaje: a partir de $1.50Cà ³mo elegir el mejor seguro: Travel Insurance Center, SquaremouthProblemas migratorios: Cancelacià ³n de visa de turista o ESTA. Problema cada vez ms frecuente. Costo de gastos mà ©dicos en EE.UU. No cabe duda de que en Estados Unidos hay mà ©dicos y hospitales que son los mejores en su especialidad a nivel mundial como, por ejemplo, en el tratamiento de cncer. Pero tambià ©n es la sanidad ms cara del mundo. Segà ºn datos del National Institute for Health, el costo promedio de una factura por asistencia mà ©dica en Urgencias de un hospital (ER, por sus siglas en inglà ©s), es de $2.168. Adems, hay que tener en cuenta que el costo puede variar enormemente no sà ³lo segà ºn la naturaleza del problema de salud, sino que tambià ©n depende del tratamiento, de los anlisis practicados y del lugar en el que se reciben los cuidados mà ©dicos. Por ejemplo y segà ºn datos de International Insurance Travel Group, los gastos facturados pueden ser los siguientes: Dolor de cabeza: de $15 a $17.797Infeccià ³n de orina: de $50 a $73.002Piedra en rià ±Ã ³n: de $128 a $39.408Consulta mà ©dica tà pica: de $150 a $200Anlisis de sangre: pueden llegar a costar $1.200 Recientemente varios medios de comunicacià ³n se han hecho eco de dos casos en los que una mujer recibià ³ una factura de $2.229.11 por tres puntos de sutura y un hombre de ms de $3.500 por cinco puntos, a pesar de que el costo promedio est entre $150 y $350. En esas cifras queda claro que los costes son altà simos y que dependen en gran medida del lugar dà ³nde se recibe el cuidado mà ©dico. El problema es tan grande que, de hecho, los costos mà ©dicos son la principal causa de bancarrota familiar en el paà s ya que tan solo en 2016 se solicitaron 770.846 segà ºn el National Bankkrupcy Forum. Los turistas internacionales visitando los Estados Unidos deberà an comprar un seguro mà ©dico antes de salir de sus paà ses para evitar tener que pagar ese tipo de gastos mà ©dicos por problemas que puedan surgir durante la visita. à ¿Cul es el mejor seguro mà ©dico de viaje para EE.UU. y quà © est excluido? Un buen nà ºmero de aseguradoras que venden seguros de viaje internacionales excluyen a Estados Unidos de sus pà ³lizas por el alto costo de los servicios mà ©dicos en este paà s. Por ello es fundamental asegurarse de que el seguro que se quiere cubre Estados Unidos. Adems, es altamente recomendable preguntar cun grande es la red de mà ©dicos y hospitales en el paà s de la aseguradora, si est incluido un servicio de traduccià ³n si no se habla inglà ©s y tambià ©n de evacuacià ³n mà ©dica, ambulancia y repatriacià ³n. Una vez que esos puntos se han clarificado, lo que es el mejor seguro depende de las necesidades de la persona que lo contrata, de su salud e incluso de su edad. Tambià ©n de si prefiere pagar una cantidad alta y no hacer co-pagos o prefiere abonar una pequeà ±a y, si hay un accidente o enfermedad, realizar un pago junto con el seguro. Cabe destacar que en la mayorà a de los seguros para turistas que viajan a EE.UU. estn excluidos todas ls enfermedades y condiciones pre-existentes entre los que se encuentran la diabetes, el cncer, problemas de corazà ³n, etc. Adems, con carcter general no estn incluidos en estas pà ³lizas los gastos ocasionados por un embarazo, el parto, consultas genà ©ricas de cualquier clase, vacunas, exmenes oculares o dentales y procedimientos cosmà ©ticos. à ¿Cà ³mo comprar un seguro mà ©dico de viaje para EE.UU? Se puede comprar cualquier seguro mà ©dico internacional que expresamente incluya Estados Unidos. A la hora de comprar es recomendable consultar con precios y condiciones de varias aseguradoras. Adems, el seguro mà ©dico de viaje se puede comprar online en la pgina web de Travel Insurance Center, que est afiliada con USA Tourist.com y ofrece una gran variedad de seguros. Tambià ©n es recomendable verificar con Squaremouth y comparar entre cientos de seguros para ver cul es el ms conveniente para cada caso. Tanto Travel Insurance Center como Squaremouth estn recomendadas por embajadas y consulados americanos. à ¿Cul es el costo de un seguro mà ©dico de viaje para EE.UU.? Hay una gran variedad de precios dependiendo de, entre otras cosas, quà © cantidad de cobertura mà ©dica se compra. Es prctica frecuente asegurar entre $50.000 y $100.000 para viajes inferiores a tres meses y de $100,000 a $500,000 para estancias previstas superiores a un trimestre. Obviamente, se puede asegurar ms cantidad o, incluso, sin tope mximo. Adems de la cantidad asegurada influye en el precio del seguro mà ©dico el tipo de beneficios que se incluye y quà © se excluye, si hay co-pago cada vez que se utiliza el seguro, si hay deducible y la cantidad de à ©ste. El deducible ââ¬âdeductible en inglà ©s ââ¬â es la cantidad de dinero que el asegurado debe pagar por un gasto mà ©dico cubierto por la pà ³liza antes de que empiece a pagar el seguro. Por ejemplo, si hay un deducible de $2.000 eso quiere decir que el asegurado debe gastar esa cantidad en recibir servicios y cuidados mà ©dicos antes de que el seguro comience a pagar. El deducible es diferente al costo del seguro, que se conoce en inglà ©s como premium, y debe pagarse en el momento en que se contrata el seguro. Teniendo en cuenta todo lo dicho en los prrafos anteriores, el seguro mà ©dico puede costar entre $1.50 por dà a a ms de $10 por dà a, dependiendo de lo que se asegure. Es muy recomendable guardar facturas siempre si se acude a un mà ©dico o a un hospital. Adems, en el caso de las medicinas la mayorà a de las aseguradoras siguen la polà tica de que el turista debe pagar por ellas y ms tarde le regresa el gasto, pero debe recibir factura que le debe enviar el asegurado. à ¿Dà ³nde recibir tratamiento mà ©dico barato en EE.UU.? Los tratamientos mà ©dicos en Estados Unidos pueden ser muy caros aà ºn estando asegurados porque, por lo general, la mayorà a de los asegurados deben pagar parte de la consulta o procedimiento. Por esta razà ³n es muy comà ºn que, salvo casos de emergencia, se acuda a centros econà ³micos y nunca a Salas de Emergencia de hospitales para asuntos como dolor de garganta, resfriados, infeccià ³n de orina, dolores de cabeza, etc. En Estados Unidos prestan estos servicios un abanico de centros, entre los que destacan las Clà nicas de Salud Comunitarias, las Clà nicas de Cuidado Urgente y las clà nicas Walk-in. Se puede consultar sus ubicaciones y cul es la ms cercana en la pgina de la Asociacià ³n Nacional de Clà nicas Gratuitas y Caritativas (National Association of Free and Charitable Clinics, en inglà ©s. Por à ºltimo, cabe destacar que en cadenas como CVS, Walgreens o Walmart es habitual que brinden un servicio para rutinas mà ©dicas a cargo de enfermeros y asistentes mà ©dicos. à ¿Por quà © cuando un turista no paga una factura mà ©dica puede tener consecuencias graves? Los turistas, tanto los que viajan con visa como los que pueden hacerlo con ESTA, pueden sufrir la revocacià ³n de esos documentos y la prohibicià ³n de ingresar a Estados Unidos por no pagar un gasto mà ©dico. La razà ³n est en la Ley de Tratamiento Mà ©dico de Emergencia (EMTALA, por sus siglas en inglà ©s) que dice que los hospitales y mà ©dicos tienen la obligacià ³n de atender las emergencias de todas las personas que lo necesiten. Emergencia en EE.UU. significa, entre otras cosas, que no se haya ingresado al paà s para recibir ese tipo de tratamiento y que de no recibir el cuidado mà ©dico urgente la persona enferma o accidentada puede morir o sufrir un fallo de un à ³rgano o parte de su cuerpo. Adems, para ser emergencia el problema debe haber surgido de repente, es decir, no puede ser el resultado de una condicià ³n previa debilitante. Como ejemplos de emergencias pueden citarse los partos, la amputacià ³n de una pierna o brazo, un ataque de apendicitis, etc. En estos casos de emergencia que el hospital debe atender si el enfermo o accidentado no paga o/y no tiene seguro mà ©dico el que acaba pagando es Medicaid, que est financiado con dinero de impuestos de los estadounidenses a travà ©s de aportaciones de los estados y de dinero del gobierno federal. Precisamente esto à ºltimo es lo que puede causar problemas migratorios de anulacià ³n de visa o ESTA y de no poder conseguir visas inmigrantes o no inmigrantes a partir de ese momento porque se puede considerar a la persona que no pagà ³ como una carga pà ºblica y, por lo tanto, inadmisible para ingresar a EE.UU. Puede tomar esa decisià ³n un agente consular o cualquier miembro de la CBP (Patrulla Pronteriza). Asà , puede darse casos como, por ejemplo, que una seà ±ora dà © a luz en EE.UU. como turista y a partir de ese dà a ingrese al paà s en varias ocasiones sin ningà ºn tipo de problema. Y de repente un dà a en el puesto de control migratorio se le niegue la entrada al paà s y se le revoque la visa o la ESTA por decisià ³n de la persona encargada en ese momento de checar los papeles. En la actualidad, à ©ste es un problema cada vez ms frecuente que afecta a unas personas pero no a todos, ya que depende de la decisià ³n personal de agente de la CBP o del consulado. En estos momentos no es posible saber con certeza ni quià ©n se va a quedar sin visa por esta causa ni cundo pero sà que es una situacià ³n cada vez ms comà ºn. La CBP no ha notificado pà ºblicamente cà ³mo se entera de que una persona no pagà ³ una emergencia mà ©dica pero en algà ºn momento durante la emergencia mà ©dica se obtiene el pasaporte del turista, se escanea y se envà a a las autoridades en todos los controles migratorios en las aduanas. Adems, en el caso de haber dado a luz a un nià ±o en EE.UU. los datos de ambos padres se obtienen fcilmente al solicitar el pasaporte estadounidense para el menor. Cada vez son ms frecuentes los casos en los que en ese momento se anula las visas de los dos progenitores. Adems, destacar que à ©stos no tienen derechos migratorios mientras el hijo es menor de 21 aà ±os. Por à ºltimo, cabe destacar que ningà ºn hospital o mà ©dico atiende a turistas sin seguro o sin pago previo exceptuando ese caso de emergencia explicado en los prrafos anteriores por lo que es altamente recomendable comprar un seguro mà ©dico de viaje antes de ingresar a EE.UU. Este es un artà culo informativo. No es consejo legal para ningà ºn caso en particular.
Wednesday, November 6, 2019
Is Political Analysis a Scientific Enterprise Should It Be
Is Political Analysis a Scientific Enterprise Should It Be According to Fay (1996)1, the study of political science involves a close analysis of dates, governments and politics. This discipline concerns with the study of human behavior and all issues related to politics as observed in controlled environments. This means that it would be very difficult to reproduce results through experimental methods.Advertising We will write a custom essay sample on Is Political Analysis a Scientific Enterprise? Should It Be? specifically for you for only $16.05 $11/page Learn More Many scholars have argued that the study should be based on observations rather than experiments. Historically, most advances and conclusions in political science are derived from observations of the general trends of nationââ¬â¢s politics and government. The fact that the results from studying a variety of governments of a given number of nations limits the probability of obtaining reproducible results and thus limits the study of political science t o be classified as a scientific enterprise. Political analysts utilize a variety of means to obtain their research data. Most primary data is obtained through historic records and official documents. The secondary materials have been traditionally derived from results of surveys, case studies, statistical analyses and experimental models and research buildings. Political science builds its theories on critical observations of political elites, individuals and groups, as well as institutions. These patterns are drawn, generalized before the theories are being created. The correlation between the study of political science and science is a subject to debate due to some specifications that scientific studies and models stipulate as mandatory in all scientific models. This paper analyzes some of the scientific requirements in a scientific enterprise and then correlates them to the model and research methods used by political analysts to draw its conclusions Literature review The definit ion of political science has changed over the years since the 1950s. Initially, the discipline had been comprehensively descriptive in nature, but has since relied on statistical methods. Political analysts have over the years rejected political science as a science based on two approaches: practical and philosophical objections. In the first one believes that political behaviors are very complex and therefore mislead researchers having made the data collection quite hard. Philosophical objections, on the other hand, base their arguments on the fact that human reasoning cannot be objectively quantified. This leaves observations and perceptions by the researchers as the only alternative (Rosenberg, 2012)2.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Political analysis lacks a standard methodology for quantifying the validity of its measurements and therefore makes it hard for ob taining testable results. The complexity and uniqueness of the political analysis make the results of the study unreliable. According to Cherry (2010)3, reliability is a measure of consistency of a given measurement. For a test to be reliable, it must deliver similar results on a regular basis. The results are independent of the reason for administering the test, but should be approximately similar every time the test is done (Cherry, 2010)4. Unfortunately, mathematical quantification is not possible in political analysis when making approximations about the reliability of a given test. Two aspects are normally considered in science: inter-later and internal reliability. In order to assess the first one, a minimum two independent judges should score the test. The scores are then analyzed to establish the consistency of the raterââ¬â¢s approximations. The best way to test inter-rater reliability is to assign each rater to test a score (Silva, 2010)5. Then, the test administrator c omputes the correlation between two ratings to establish the degree of inter-rater reliability. On the other hand, internal reliability is a measure of consistency of test results conducted on the same test. The researches compare test variables, which measure the same construct to establish the tests internal consistency(Cherry, 2010)6. On many occasions, these tests involve very similar or repetitive questions that are utilized to assess the reliability. Since the questions are identical and are structured to answer the same phenomena, the researcher must provide answers to the question in a similar fashion meaning that the test has internal consistency (Cherry, 2010)7. Political analysis lacks a standard methodology for quantifying the validity of its measurements and therefore makes it hard to obtain testable results. Additionally, science capitalizes on knowledge to explain how phenomena is the way it is. As a result, theories and testable predictions based on empirical reliabi lity are created. The more similar observations are observed, the more the theory is deemed to be testable and therefore correct. Poor consistency of the human behavior thus reduces the rate of testability of the theories and consequently reduces the reliability of the results (Silva, 2010)8.Advertising We will write a custom essay sample on Is Political Analysis a Scientific Enterprise? Should It Be? specifically for you for only $16.05 $11/page Learn More Political analysis is a social study and involves numerous examples of complex human behaviors. Human beings are neither identical nor interchangeable. Their complex nature makes them lack a general conclusion based on the results of the methodology used. In science, generalization is a must concept and relies on the building relationships between two or more facts and utilizes empirical generalization to reach a credible conclusion (Buttolph Reynolds, 2012)9. Since humans cannot be put in a Petri dish in an effort to control their behaviors to study certain variables, the validity of the results obtained is thus questionable. It would be important to look at the definition of variability as an important factor in quantifying scientific studies (Silva, 2010)10. Validity is defined as the ability of an instrument to achieve its goals. Tests should be valid in order to ease interpretation, and provide accurate application of the results. Validity is a measure that uses research methods that can demonstrate the existence of a predefined relationship between the test and the behavior it is supposed to measure. There are two types of validity measures: content and face validity. In case the elements of the test represent the whole range of possible results the test should cover, then the test have content validity (Silva, 2010)11. Content validity draws the test questions from a wide pool of items covering a wide range of topics. Face validity, on the other hand, is a component of cont ent validity that is determined when the person assessing the instrument makes a conclusion that measures the desired element or trait in the test (Cherry, 2010). Quantification While scientists insist on quantifiable tests, Political analysis, being a social science, relies on behaviors, values, beliefs and so on to make conclusions. This implies that their results cannot be measured accurately. Measurement is a fundamental element of science and although generalizations and assumptions are common, the quantification process must be illustrated clearly.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Some political scientists vehemently criticize this approach by citing the scientific methodologies that have been employed historically in science. Galileo, for instance, used a crude telescope to view the moon and other planets. Scientific developments in astronomy were developed from the foundations he discovered through more and more precise observation instruments. Another fundamental element of science is the ability to offer transmissible knowledge. Scientists insist that scientific knowledge must be transmissible or, in other words, they must be explicit enough to allow other scholars to analyze them and replicate their results. Unfortunately, the methodologies used in social sciences are basically based on objective and systematic observations. This means that a fundamental goal of science is left out since the results obtained cannot be verified. The theories constructed from these verifications of public inspection and results are not in a credible position to explain why phenomena behave the way it does (Fay, 1996). In the scientific world, the knowledge is used to describe things and facts, for example, how things are created and why they are what they are. On the other hand, political analysis depends on causal relationships which derive their results from correlations in order to establish useful and important information. These however fail to explain issues related to why and how (Fay, 1996)12. Falsifiability During the development of theories, it must be quite clear whether the theory is falsifiable or not. Science insists that an empirical theory fails to satisfy the fundamental of science if it cannot be proved to be either right or wrong through various tests. When a theory is found to be wrong, it gives the researchers the motivation to look for alternative theories through elimination of the previous theory. The truth is that no political setting is interchangeable. If we argue from this point, it means therefore that the results we will obtain from analysis of a political setting will be subjected to alterations once an identical study is carried out. This would consequently lead to situation where theories will be formulated today and dismissed the following day. Political analysts use case studies to come up with comprehensive theories but fail to generalize them being afraid of criticism from independent similar theories. The Organization of the American Political Science Association (2006)13 reported new developments in the scientification of political analysis. In the early 1960s, most political analysts used scientific means to build on the behaviorism during the early foundations of political science as a discipline. However, over the years, these theories have been challenged by different authors owing to their nature of lack of reliability and generalization. The line between facts and values has been a nightmare to most political scientists and other social scientists for a long time. Some held on the ar gument that values are facts, but in the real scientific world, a clear distinction between the two must be established. Epistemology As one of the key pillars of philosophy, epistemology concentrates on propositional knowledge. The political analysts utilize this approach by classifying certain elements of beliefs and values to be true or false. The results produce normative knowledge which deals with the evaluation and recommendation of what should be rather than what it is, or how it came to be. On the other hand, real science aims at creating a non-normative kind of knowledge which is based on facts or, in other words, the objective determination of what things are. While the real scientific world insists on knowledge being cumulative, the research methods used by previous experiments and results should be used as foundations of new work. Political analysts deal with variation in the settings of political arenas, governments and institutions in such a way that the conclusions fr om different studies yield different results. In their words, the repeatability, reliability and validity of the data obtained cannot be used to make a general observation. By presenting a systematic a systematic and well reasoned anticipation, science is able to make accurate predictions for future occurrence of events. Thus, science is in a position to generate predictions for the future. Social analysis fails in generalization of its theories and therefore most of its conclusions cannot be used to predict the occurrence of future events (Fay, 1996)14. Science relies on parsimony in an effort to give other researchers a chance to choose between alternatives. Scientists therefore prefer methodologies that give a vivid explanation of phenomena while maintaining few parameters. In real scientific research, deductive arguments must not necessarily be reached. These relate to arguments that are proved to be true through the use of a series of logical statements to derive a conclusion b ased on true premises (Buttolph Reynolds, 2012)15. Although deductive reasoning is used in political analysis, inductive reasoning prevails in most research work making inferences though observations and propositions (Buttolph Reynolds, 2012)16. This brings the issue of probabilistic explanation. In science, it is required that 100% accuracy be met prior to making any predictions. The use of inductive reasoning therefore forbids this practice of making prediction based on previous findings. In other words, every situation in political analysis requires an independent research and conclusion. For example, if a researcher was to research about the political situation in a country, say Britain, it would be wrong to make inferences about the United States using the results of the study. On the other hand, a scientific experiment could be reproduced to another similar case. For example, the behavior of bacteria inside a Petri dish could be used to make general conclusions about the beh avior of all similar bacteria. From the given example, several observations can be made. The situation of political institutions in Britain and America are likely to change with time. By the time the study was taken, several parameters such as the nature of economy and the general perceptions of the respondents will have changed. The scientific study of bacteria in the same environment and conditions will yield similar results day-in-day-out. We therefore concluded that the Petri dish experimental results are reproducible, valid and reliable. Reliability is important in this case in order to assess the practicability and efficiency of the materials used to gather the data (Martin, 1994)17. Conclusion The paper analyzed the scientific approach of research and made equal comparison to the study of political science. The scientific approach look more tangible and reflective results compared to the social science approach. The paper concluded that political analysis therefore cannot be classified as a scientific enterprise. For a long time, the study has based its reflections on descriptions obtained through observations. The fact that these systems are undergoing transformations to include statistical inferences suggests the birth of a new approach to the subject. At the moment, the scientific requirements for a theory to satisfy the discussed expectations of a scientific study do not allow the prevalent method in political analysis to be described as a scientific approach. Deductive reasoning may not be practical in political analysis since every time the research is carried out, the probability of obtaining different data is high. Bibliography Buttolph, J Reynolds, T H, 2012, Political Science Research Methods, 7th edn., sage Publications, http://college.cqpress.com/sites/psrm/Home/chapter2.aspx Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm Fay, B, 1996, Contemporary philosophy of social sci ence: a multicultural approach. Blackwell, Oxford. Martin, M, 1994, Readings in the philosophy of social science, MIT Press, Cambridge. Rosenberg, A, 2012, Philosophy of social science, Westview Press, Boulder, CO. Silva, E, 2010, Racism without racists: color-blind racism and the persistence of racial inequality in the United States, Rowman Littlefield Publishers, Lanham. The Organization of the American Political Science Association, 2006, Proceedings of the American Political Science Association, Vol. 1, pp. 5-15, First Annual Meeting, 1904. Footnotes 1 Fay, B, 1996, Contemporary philosophy of social science: a multicultural approach. Blackwell, Oxford. 2 Rosenberg, A, 2012, Philosophy of social science, Westview Press, Boulder, CO. 3 Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 4 Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 5 Silva, E, 201 0, Racism without racists: color-blind racism and the persistence of racial inequality in the United States, Rowman Littlefield Publishers, Lanham. 66 Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 7 Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 8 Silva, E, 2010, Racism without racists: color-blind racism and the persistence of racial inequality in the United States, Rowman Littlefield Publishers, Lanham. 9 Buttolph, J Reynolds, T H, 2012, Political Science Research Methods, 7th edn., sage Publications, http://college.cqpress.com/sites/psrm/Home/chapter2.aspx Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 10 Silva, E, 2010, Racism without racists: color-blind racism and the persistence of racial inequality in the United States, Rowman Littlefield Publishers, Lanham. 11 Silva, E , 2010, Racism without racists: color-blind racism and the persistence of racial inequality in the United States, Rowman Littlefield Publishers, Lanham. 12 Fay, B, 1996, Contemporary philosophy of social science: a multicultural approach. Blackwell, Oxford. 13 The Organization of the American Political Science Association, 2006, Proceedings of the American Political Science Association, Vol. 1, pp. 5-15, First Annual Meeting, 1904. 14 Fay, B, 1996, Contemporary philosophy of social science: a multicultural approach. Blackwell, Oxford. 15 Buttolph, J Reynolds, T H, 2012, Political Science Research Methods, 7th edn., sage Publications, http://college.cqpress.com/sites/psrm/Home/chapter2.aspx Cherry, K, 2010, Reliability and Validity, viewed on http://psychology.about.com/od/researchmethods/f/validity.htm 16 Buttolph, J Reynolds, T H, 2012, Political Science Research Methods, 7th edn., Sage Publications, http://college.cqpress.com/sites/psrm/Home/chapter2.aspx 17 Martin, M, 1994, Re adings in the philosophy of social science, MIT Press, Cambridge.
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