An overview of the incidence of diabetes in the United States Term Paper

An overview of the incidence of diabetes in the United States - Term Paper Example Difference in susceptibility by gender is, however, small with adult males having a unit percent higher prevalence rate as compared to adult females (â€Å"Diabetes statistics†, 2011). Incidences of the disease also vary with race. ‘Non-Hispanic’ blacks are the most vulnerable at almost 13 percent prevalence rate while ‘non-Hispanic’ whites have a prevalence rate of seven percent. Despite control measures, diabetes remains a killer disease, both directly and indirectly (â€Å"National diabetes statistics†, 2011). The disease’s prevalence rate also bears relationships with other complications. Published data, for example, indicate an almost seventy percent prevalence rate of heart diseases among diabetic patients. A survey of data between the years 2005 and 2008 also reported a 67 percent rate of high blood pressure among diabetic patients. Significant relationships in prevalence rates have also been identified between diabetes and other diseases such as â€Å"blindness,† â€Å"kidney disease,† â€Å"nervous system disease† and â€Å"amputation† (â€Å"Diabetes statistics†, 2011, p.

AAFES 4 Essay Example | Topics and Well Written Essays - 750 words

AAFES 4 - Essay Example US Army and Air Force. Being a company with unique business model, AAFES conduct its advertising in unique way too. AAFES is not to active in using television and other media as active channels for advertising purposes however advertising is being done in direct way through the use of local means of advertising to the soldiers at the bases. Since AAFES is almost also a monopoly therefore advertising is not mostly done in its most conventional means. Sales promotion activities of the firm take place in store i.e. firm displays various sales promotional activities and items in house besides offering sales promotion on its website. The website of the firm provides different sales promotional activities for making a purchase on line. In store sales promotional activities involve displaying of different sales promotional material. Since AAFES is a sort of monopoly therefore it mostly utilizes direct marketing as one of the most important mean of promoting the firm’s products and services. However, this is not on the individual basis however it is done on the basis of the groups of customers i.e. army bases where soldiers are stationed. There is no personal selling done by the firm however it offers an opportunity for personal selling through its website where it offers different services and products customized to the individual needs and demands. Firm maintain good public relation activities which are also evident from the fact that recently it has recalled some of its products especially toys because of toxic issues in them. Public relations at the firm are also done through the issuance of a magazine The Exchange Post; through which firm tends to provide information about latest development at the firm. While analyzing the promotional mix of the firm, it is important to consider the unique business model and structure which it follow. It is a sort of monopoly which serves a very specialized and scattered target

Fibre Optics Essay Example for Free

Fibre Optics Essay Optical Fibre is used to transmit light between 2 ends of the fibre, a ‘waveguide’ or ‘light pipe’. It is very thin, around the thickness of a human hair, and made of transparent fibre made of glass or plastic. Optical fibre is sometimes known as Fibre Optics when used in science and engineering. Instead of using one metal wire the threads of fibre optics are but in bundles which transmit messages and images and other data. Fibre optic cables can carry more data than metal cables as well as being less susceptible to interferences, being lighter and thinner and faster. However they are very expensive and fragile. Nevertheless most telephone and internet companies are starting to use fibre optics instead of metal cables and soon most communications will be using fibre optics. It works by using total internal refraction, where the light reflects backwards and forwards internally along the whole length so the image can be communicated clearly from one end to another In 1854, John Tyndall showed that light signal could be bent by demonstrating that light could be conducted through a curved stream of water. Next, in 1880 Alexander Graham Bell invented his ‘Photophone’. This transmitted a voice signal through a beam of light which worked very similarly to how a phone now works with electric signals. In 1888 a medical team in Vienna used bent glass rods to look inside the body. In 1895 a French engineer designed something similar to television which used bent glass rods to guide light images. Over the years many people started to develop things increasingly similar to the fibre optics used today. In 1952, a physicist named Narinder Singh Kapany performed experiments that led to to the invention of optical fibre. A few years later the type of optical fibre we used today were invented where the fibre is coated with cladding that could make a better refractive index. After this, development focused on the bundles of fibre used for image transmission. In 1956, researchers in Michigan created the first semi-flexible gastroscope, used to look inside the body in operations. Jun-ichi Nishizawa, a Japanese society, started the idea of using optical fibres for communications on 1963. Uses of optical fibres and the impact upon society Communication: They are used in telephone cables and are faster and have a higher bandwidth than copper cables. As telecommunication demand increases we will be needing fibre optics more and more as it offers huge communication capacity. A much greater amount of information can carried through an optical fibre in comparison to a copper cable. They are also cheaper and thinner so therefore easier to install and maintain though the installation price is significantly higher than installing copper wires. Also, as signals go along a cable some energy is lost, however, with optical fibre the signal can be regenerated every 50 km instead of the 2 km of copper wires. On top of all this they do not cause electrical interference o or cause sparks that could cause explosions Medical uses: Optical fibres are used in laproscopic surgery or keyhole surgery where a bundle of optical fibres, or an endoscope, is put down the patient’s body so the doctor can see the area he is operating on. They also allow doctors to see inside the patient’s body without having to perform surgery as it can be inserted through the mouth. Also they are used as bright lights that can be used by doctors.

Analysis of Doctrine of Equity

Analysis of Doctrine of Equity The doctrine of equity was created to fill in the gaps of common law by providing more flexible remedies, unlike common law which only provide damages such as injunction, specific performance, equitable estoppel etc. Equity only governed by the maxims where it is based on the principles of fairness and conscience and are not as strict as common law. Hence, as the doctrine of equity developed and became more and more flexible in the past centuries, it has now been argued by many academics that equity is now too conceptually messy to be useful.ÂÂ   It has been argued that equity is a blend of strict rules and discretionary principles which attributes to English Law with its flexibility. He further explained that equity comprised of firm rules as well as discretionary principles which will be applicable in different circumstances.[1] In deciding this, the flexibility of equity would be discussed, especially in the areas of such as the three certainties, Quistclose trust and doctrine of fiduciaries. In the case of Knight v Knight[2], Lord Langdale MR had laid down the three certainties test to create a valid private express trust. Certainty is an important element in trust as without certainty, the intention, object and subject of the trust could not be determined by the courts which would then lead to an invalid trust. Under certainty of intention, the settlor must use very clear words and expression to impose a legal obligation for the trustee to hold the property on trust. Generally, imperative words are more encouraged to be used in a will as compared to precatory words. In the case of Re Adams[3], the phrase in full confidence was used in the clause and it was held that there was no trust created as there is no imperative words used in the will. However, in Comiskey v Bowring[4], even the same phrase was used as in Re Adams case, but it was held that the wording created a trust. It could be submitted that the courts now no longer only look at a single word to determine whether there is a trust but look at the whole of the will. In more complex situations where there are no documents available, the courts might infer intention from acts or the words of the parties. In Paul v Constance[5], it was held that the words the money is as much yours as it is mine is sufficient to make a valid trust as there was repeated conduct and has a clear intention. It was suggested that the courts are being too generous in the decisions. However, in Jones v Lock[6], it was held that it was insufficient to manifest a clear intention for the father to create a trust for the son. The problem is that both cases were lack of specific intention to create a trust, there were only general intention to benefit. However, both cases were held differently. It could be argued that the actions were louder than the words in Pauls case. Gardner suggested that the difference of both cases was merely the reflection of changing judicial attitudes.[7] Next, under the certainty of subject matter, the test used by the courts would be whether the property could be certainly identified. However, the courts have recently created an artificial distinction between tangible and intangible property. In Re London Wine Co[8], it was held that no two bottles of wine are alike and therefore it could be identified for their customers. However, in Re Goldcorp Exchange Ltd[9], it was held that the claimants whose gold bullion had been segregated were successful in the claim but not those whose bullion had not been segregated. The reasoning was that the stock of the gold has been constantly changing and it was hard to say which particular piece of gold belongs to any particular customer. It could be submitted that the courts were trying to uphold the principle of fairness by having a different decision from Re Londonscase as the tangible property items here could not be segregated properly. On the other hand, in Hunter v Moss[10] where the property is intangible, a different approach was taken by the courts. In the case, it was held in favour of the claimant and stated that the segregation as in tangible property is not necessary where a trust is made over an intangible property. The reasoning for this is that since the shares is indistinguishable from one another, they will be treated as equal. Based on all three cases above, it could be seen that this area is messy as this certainty has not been applied consistently and the judges have too much discretion changing the judicial attitudes. Lastly, the certainty of object matter required that there must be ascertainable beneficiaries in a trust. Re Baden (No.2)[11] had shown that there are different approaches to deal with when there is a class of objects in a discretionary trust. The test used in the case was originated from McPhail v Doulton[12] where the application of a complete list test was impossible and borrowed the is or is not test from Re Gulbenkians Settlements[13] to determine the beneficiaries. However, there are 3 interpretations on the applicability of the test. Firstly, Sachs LJ upheld the literal application of the original test, but reversed the burden of proof on the claimant to proof that he falls within the class of beneficiaries. Sachs LJ further noted that this does not apply to all discretionary trust situations as a lot of trust with uncertainty would be validated. Secondly, Megaw LJ suggested the approach used in Re Allen[14]which was overruled by Re Gulbenkians case where it held that a trust should be valid if a substantial number of people can show that they are in the class. Finally, Stamp LJ suggested a strict approach where he stated that it is necessary for both conceptual and evidential certainty to exist without any unknown of the certainties. Any unknown of the certainties would lead to an invalid trust. It could be submitted that this area would be too messy for the future cases to refer as there are too many different views. The flexibility of equity could also be found in Quistclose trust which created by Lord Wilberforce in Barclays Bank Ltd v Quistclose Investments Ltd[15]. The Quistclose trust arises when a company borrows money with a particular purpose in mind for that money. Lord Wilberforce suggested there are primary trust to pay dividend and secondary trust arose in favour of the lender if primary trust failed. However, this was heavily criticised as it failed to meet the three certainties to be a valid trust. Later, Lord Millet in Twinsectra v Yardley suggested that there is only one resulting trust instead of two trusts while majority of the court held that it was an express trust. In Re EVTR[16], Dillon LJ suggested that it was a constructive trust for the purpose of the loan.Moreover, academics like Alastair Hudson had suggested that the better analysis for this should be an express trust.[17] Furthermore, in Re Farepak Food[18], Mann J held that there was no trust and described this is as a contractual relationship as opposed to trustee-beneficiary.[19] Furthermore, equity also shown its flexibility in fiduciary area. A fiduciary is a person who holds a position of trust and confidence. Fiduciary has the duty to act in the best interest of the principal in a fiduciary relationship. A fiduciary is bound by the no conflict rule where he must make sure that his duties to the principal do not conflict with his own interest and not allowed to make a profit. The leading case would be Boardman v Phibbs[20] which involves trust where it applied the strict rule which originally from cases such as Keech v Sandford[21] and Bray v Ford[22].The decision was a made in majority of the judges while the other two judges gave dissenting judgments. Lord Upjohn in dissenting suggested that the case should be approached in a more equitable angle and should be decided on its own individual facts instead of laying down a strict rule to be followed like the common law courts. However, in Murad v Al-Saraj[23], the majority of courts again decided by following the rules. Arden LJ from the majority suggested that the court should revisit the inflexibility of rule of equity in harsh circumstances. Furthermore, Jonathan Parker LJ from majority also suggested that it is the time for the court to relax the severity of the rule. In minority, Clarke LJ suggested that the fiduciary could argue for a share in profits even though they breached their duty by reasoning with Warman International v Dwyer[24]. In Foster Bryant Surveying v Bryant[25], it was held that the defendant was not required to account his subsequent profit as the facts were different from the traditional cases. It was suggested that this case law would only be followed when there are same facts in the future. Based on the above, equity has been flexible to evolve to suit the needs of the society. Hence, it is tremendously complex as it was built centuries of laws, but the courts are free to generate new principles and to adapt or apply the old ones depending on the situation. As suggested by Alastair Hudson, equity forces us to consider the plight of the individual in this complex world and to save that individual from being caught up in the legal machine or exposed to irremediable suffering.[26] In conclusion, it could be submitted that equity is still useful even though it might be conceptually messy as shown above. However, this would be inevitable as equity has to be flexible but it would be also required to maintain some consistencies across the cases to prevent the law from being vague. (1650 words) Bibliography Books Gardner S, An introduction to the Law of Trusts (3rd edn OUP 2011) Hudson A, Equity and Trust, (8th edn, Routledge, Oxon, 2015) Hudson A, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) Electronic Sources Alastair Hudson, The Fundamentals of Quistclose Trusts, http://www.alastairhudson.com/trustslaw/Quistclose.pdf accessed on 13rd February 2017 Table of Cases Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Boardman v Phibbs [1967] 2 AC 46 Bray v Ford [1896] A.C. 44 Comiskey v Bowring-Hanbury [1905] A.C. 84 Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 Hunter v Moss [1993] 1 WLR 934 Jones v Lock [1865] 1 Ch App 25 Keech v Sandford [1726] Sel. Cas.Ch.61 Knight v Knight [1840] 3 Beav 148 McPhail v Doulton [1971] AC 424 Murad v Al-Saraj [2005] EWCA Civ 959 Paul v Constance [1977] 1 All ER 195 Re Adams Kensington Vestry [1884] LR 27 ChD 394 Re Allen [1953] 1 All ER 308 Re Badens Trusts (No.2) [1973] Ch 9 Re EVTR [1987] BCLC 646 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 Re Gulbenkians Settlements Trusts [1968] UKHL 5 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Warman International v Dwyer [1994-5] 182 CLR 544 [1] Alastair Hudson, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) [2] Knight v Knight [1840] 3 Beav 148 [3] Re Adams Kensington Vestry [1884] LR 27 ChD 394 [4] Comiskey v Bowring-Hanbury [1905] A.C. 84 [5] Paul v Constance [1977] 1 All ER 195 [6] Jones v Lock [1865] 1 Ch App 25 [7] Simon Gardner, An introduction to the Law of Trusts (3rd edn OUP 2011) 52-3 [8] Re London Wine Co (Shippers) Ltd [1986] PCC 121 [9] Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 [10] Hunter v Moss [1993] 1 WLR 934 [11] Re Badens Trusts (No.2) [1973] Ch 9 [12] McPhail v Doulton [1971] AC 424 [13] Re Gulbenkians Settlements Trusts [1968] UKHL 5 [14] Re Allen [1953] 1 All ER 308 [15] Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 [16] Re EVTR [1987] BCLC 646 [17] http://www.alastairhudson.com/trustslaw/Quistclose.pdf, The Fundamentals of Quistclose Trusts, accessed on 13rd February 2017 [18] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 [19] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 [20] Boardman v Phibbs [1967] 2 AC 46 [21] Keech v Sandford [1726] Sel. Cas.Ch.61 [22] Bray v Ford [1896] A.C. 44 [23] Murad v Al-Saraj [2005] EWCA Civ 959 [24] Warman International v Dwyer [1994-5] 182 CLR 544 [25] Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 [26] Alastair Hudson, Equity and Trust, (8th edn, Routledge, Oxon, 2015)

Cheorkee Indians :: essays research papers

MARSHALL, C. J. This bill is brought by the Cherokee nation, praying an injunction to restrain the state of Georgia from the execution of certain laws of that state, which, as is alleged, go directly to annihilate the Cherokee as a political society, and to seize for the use of Georgia, the lands of the nation which have been assured to them by the United States, in solemn treaties repeatedly made and still in force. If courts were permitted to indulge their sympathies, a case better calculated to excite them can scarcely be imagined. A people, once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior policy, our arts and our arms, have yielded their lands, by successive treaties, each of which contains a solemn guarantee of the residue, until they retain no more of their formerly extensive territory than is deemed necessary to their comfortable subsistence. To preserve this remnant, the present application is made. Before we can look into the merits of the case, a preliminary inquiry presents itself. Has this court jurisdiction of the cause? The third article of the constitution describes the extent of the judicial power. The second section closes an enumeration of the cases to which it is extended, with "controversies between a state or citizens thereof, and foreign states, citizens or subjects." A subsequent clause of the same section gives the supreme court original jurisdiction, in all cases in which a state shall be a party. The party defendant may then unquestionably be sued in this court. May the plaintiff sue in it? Is the Cherokee nation a foreign state, in the sense in which that term is used in the constitution? The counsel for the plaintiffs have maintained the affirmative of this proposition with great earnestness and ability. So much of the argument as was intended to prove the character of the Cherokees as a state, as a distinct political society, separated from others, capable of managing its own affairs and governing itself, has in the opinion of a majority of the judges, been completely successful. They have been uniformly treated as a state, from the settlement of our country. The numerous treaties made with them by the United States, recognise them as a people capable of maintaining the relations of peace and war, of being responsible in their political character for any violation of their engagements, or for any aggression committed on the citizens of the United States, by any individual of their community.

Brain Transplant: An End to Parkinsonism? :: Biology Essays Research Papers

The Modern Day Brain Transplant:An End to Parkinsonism or the Beginning of a Greater Debate? It sometimes begins with a feeling of lethargy, being "down in the dumps," or shakiness (1). Maybe it begins with a twitch of the pinky finger that was not there before. Speech becomes more difficult and softer to the level of a whisper; this is often accompanied by irritability. Movements become rigid, unsteady and slow (2). A tremor develops, with trembling of the hands, arms, legs, jaw, and face. Later, walking is often only accomplished through short and shuffling steps, intermixed with a loss of balance and instability (3). These symptoms usually progress until the person is incapacitated and unable to do simple tasks such as brushing their teeth, buttoning clothing, or turning newspaper pages (1). This is a description of a person living with Parkinson's disease. According to the Parkinson's Disease Foundation, there are one million people living with Parkinson's nationwide (1). Several public figures have also revealed their private struggles with Parkinson's including Michael J. Fox, Muhammad Ali, Janet Reno and Billy Graham (1). As evidenced by the names listed, Parkinson's strikes an array of people, it is generally a late onset disorder, however, in some cases, such as with Michael J. Fox, Parkinson's has a "young onset". Parkinson's disease is a disorder that results from the depletion of the neurotransmitter dopamine. The basal ganglia is the part of the brain responsible for movement. When 80% of the dopamine-secreting cells in a specific part of the basal ganglia, the substantia nigra, are lost Parkinson's symptoms develop (4). The cause for the neuropathology of Parkinson's is still unknown. Two possible causes of Parkinson's that have been researched include environmental factors such as toxins and defective genes (5). Treatments for the disease vary widely. The standard treatment is to prescribe levodopa (L-dopa) (4), the precursor of dopamine to patients. This is given because dopamine itself does not cross the blood-brain barrier. The levodopa is converted to dopamine inside the brain and is effective in improving the severity of symptoms dramatically. Unfortunately, long-term usage of levodopa causes a myriad of side effects, such as head bobbing, grimacing, abnormal movements of the trunk and limbs (2). With time, the side effects of levodopa become more dramatic than the original Parkinson's and the thus outweigh the benefits of giving the drug. Other treatments include a brain "pacemaker," deep brain stimulation with electrodes, and pallidotomy (destroying a portion of the globus pallidus in the brain).

 Organizational Teams Essay

Teams are an integral part of the success of organizations today. There are various types of teams found within today’s companies, and some teams perform at higher levels than others. The performance of a team can depend largely on its structure. To understand what makes a team operate be effective and productive requires looking at the various types of teams. Organizations typically developing the following types of teams: manager-led, self-managing, self-designing, and self-governing teams. Not all teams are equally effective for all organizations, and it is important to understand the distribution of authority within the teams. In the manger-led team, the manager acts as the team leader and is responsible for defining the goals, methods, and functioning of the work team (Thompson, 2011,p. 8). Self-managing teams are similar to manager led teams, but team has more flexibility and the manager acts more like guide. This style of team place more responsibility on the individual members to define how the goals and objectives will be met. Self-directing teams operate in the absence of a clearly defined leader and the members share responsibility to state objectives and methods to achieve them. The final type of team is a self-governing team. Self-governing teams and boards of directors are usually responsible for executing a task, managing th eir own performance processes, designing the group, and designing the organizational context (Thompson, 2011,p. 12). Of the various types of teams an organization can implement, manager led teams are often the most common type of team. This is not to say they are the most efficient or productive, but they offer control and are the cost effective. In a manager-led team the manager is responsible for the design of organizational context, team design, and monitoring and managing team performance. The team is responsible for the execution of the assigned task. The advantages of a manager-led include but are not limited to: control over the team, work being performed, efficient, and low cost. In providing one clear responsible party for the team decisions can be made more quickly and the team can quickly change its focus. Potential conflicts may also be resolved in a more efficient manner by having a single  responsible manager to handle situations as they arise. Everyone looks to the manager for instructions (Denning, 2009). Organizations implement this traditional type of team because it works and t o avoid the risk of negative impacts in changing to a new team style. Manager-led teams are not without their own disadvantages. These types of teams have less autonomy and individual freedoms. The ability of team members to trust that the manager can treat members fairly without showing favoritism can create tension. Manager-led teams are not best suited for detailed assignments and are appropriate for clearly defined tasks. Placing sole responsibility upon the manger can limit particular individual’s ability to grow and develop. Even though manager-led teams demonstrate several disadvantages they are still the most frequently style of team within organizations. It is difficult to understand why more organizations do not favor using other team types in place of manager-led teams. Research has indicated that manager-led teams are some of the least productive. The previous chart from The Denning (2009) website indicates that only one other team is performs at a lower rate than manager lead teams. Manager-led teams may have a highly qualified proven leader running the team and still are unable to provide improved results. Manager-led teams require the building of relationships and trust to be successful. Self-managing teams are fast becoming the management practice of choice for organizations that wish to become more flexible, push decision making to the front lines, and fully use employees’ intellectual and creative capacities (Wageman, 1997, p. 1). Business is a constantly changing environment and they must be prepared to adapt accordingly. Although manager-led teams will likely remain the most traditional team used in business because of their advantages, larger more competitive business see the benefits of slowly transitioning to self-managing teams. These teams are very similar in that both use a manager to lead the team, but more responsibility is given to individual team members. Self-managing teams have the ability to increase  productivity, quality, saving and employee morale (Thompson, 2011,p. 9). Employees and managers take more ownership in how the team will function and the methods and practiced used to reach the goals and objectives. Businesses may be reluctant to change the structure largely due to cost. The goal of any business is to make a profit and in an increasingly competitive global business environment there is a reduced appetite for change. Having said that those businesses willing to be more creative and implement self-managing teams could benefit as a result. The type of business, size of organization, structure, and willingness to take some risk are all factors in determining what type of teams will be best suited for their success. It is possible and often likely that business will implement more than one type of team depending on the area of business. Task oriented functions such as order entry, collections, and shipping are best suited for manager-led teams. Research, design, and marketing would appear to benefit from self-managing or self-directed teams. There is no one size fits all team structure and organizations must have knowledgeable understanding of their employees and customer base. References Thompson, L. L. (2011). Making The Team: A Guide for Managers (4th ed.). Upper Saddle River, NJ: Prentice Hall. Denning, S. (2009). SteveDenning.com. Retrieved from http://www.stevedenning.com/Radical- Management/most-high-performance-teams-are-self-organizing.aspx Wageman, R. (1997, Summer). Critical SuccessF actors for Creating Superb Self-ManaginTg eams. Corequniverse, (), 1-13.