Thursday, October 31, 2019

Case study-BP Deepwater Horizon platform disaster,LA May 2010 Research Paper

Case study-BP Deepwater Horizon platform disaster,LA May 2010 (Emergency and disaster management) - Research Paper Example One of these groups was stakeholders and authorities in the area of oil emergency and disaster management. The other group comprised of ordinary inhabitants who were in one way or the other victims of the BP Oil Spill Disaster. Through comprehensive analysis of data collected, it came to light that if there were strict standards in place, the BP Oil Spill disaster could have been avoided. Partly to be blamed for the disaster also was the absence of law enforcement as far as safety practices in the oil and gas industry are concerned. To this regard, recommendations on the enactment and enforcement of basic safety laws in the oil and gas industry were made. Indeed the implementation of these recommendations would be a gain step towards the dream of ensuring disaster free operation in the oil and gas industry. INTRODUCTION Background to the Study Oil is one of the major sources of revenue and income for government. Apart from this, the usefulness of oil and gas to the running of local a nd international industries as well as the use of oil as the major source of energy for the country are some other reasons why oil and gas exploration might not end any time soon in America. According to the API (2011), â€Å"oil and natural gas industry that supports 9.2 million U.S. jobs and 7.5% of our nation’s GDP.† Yet again, these are reasons why oil exploration continues to be paramount to the United States government. These benefits notwithstanding, there is the need to ensuring that oil and gas exploration becomes absolute blessing to the country rather than a curse. In most countries, oil curse has been a term that stands for tensions and disputes that arise out of the distribution of funds that are accrued from the mining of oil where some faction claim ownership of the oil and thus a greater share of the revenue. Clearly, the United States has developed beyond such uprisings. However, the issue of spillage of large and harmful quantities oil in the course o f oil and gas extraction is perhaps a curse that the country has not been exempted from yet. As technology and the invention of complex machinery and equipment abound, one would have expected that news of oil spillage would hardly be heard among oil companies in the United States but the April 2010 BP oil spillage incidence did not just come to be an ordinarily spillage but one that was serious enough to be classified as a disaster. It is not surprising therefore that Lintner (2010) posits that the BP Oil Spill is â€Å"the greatest environmental disaster in United States history.† Such as another oil spill disasters come with thorning effects on living species and the environment at large. Typically in the case of BP in April 2010, there was massive lost of living creatures in the ocean while waters in the ocean and the soil at the immediate shore had their own versions of destruction. Then of course there was lost of thousands of US dollars that could have been channeled in to national development. Due to the harsh consequences that come with such disasters as oil spill, the researcher is committed to using this research as a platform to delve into the causes, effects, management and prevention of oil spill disasters by using BP’s case as a case study. Research Aims and Objectives This is a case study that aims at revisiting

Tuesday, October 29, 2019

A Picture in the 1800s Essay Example | Topics and Well Written Essays - 500 words

A Picture in the 1800s - Essay Example The image of the photo is taken with the medium of daguerreotype, which presented photos that are clear in the eyes of the viewers. The factors of the use of daguerreotype medium of presentation of the photo made it to have well balanced lighting so that it is not exaggerated with a lot of silver halides as seen in the calotype photos. This has made the image to look very unique and admirable when a person views it. Due to the daguerreotype medium of presentation, the photographer has been able to balance the coloration so that he can imply the difference in color of the clothes of the man in the photo and represent the direction of the source of light. The photo represent the time in which it was created because of the fact that it has many characteristics of the pictures of the time. These characteristic are the color, the environment and its decoration as well as the shape of the photo which are unique for it. These aspects of the photo make it to identify with the kind of photos that were represented in the times of its making because it was a conforming to almost all of them.

Sunday, October 27, 2019

Separation Between Church And State

Separation Between Church And State The concept of separation between the church and state refers to the strained relationship distance between organized religion and the nation state. The relationship between the Church and feudal state in the medieval era went through a series of developments, round about the end of Roman Empire down to the birth of Reformation. The Western world is shaped due to the struggle for power between the kings and Popes. With the idea of divine right monarchs ruled for centuries. Monarch began to use this to support the notion that king to rule not only his kingdom but also the churches within the kingdoms boundaries such notion can be known as caesaropapism. On the other hand, the catholic doctrine stating the Pope being the Vicar of Christ in earth is to have absolute power over the Church and also secondary over the state. Furthermore, the relationship between Church and State can be related as the institutional form of the relation between religion and politics(Answers). Due to this com plication, Church and State has been a remarkable concern of the Western and Christian. This is not only because Western secularization has desired a limit of powers that is to belong to the religious authorities, though its origins sprung form an earlier period, during the advancement of separate Church and State institutions in Christendom which were natural rivals to a level which was incomprehensible in the sphere of other well-known religions. Thus the conflict between Emperor and Pope was an important feature to Europe in the middle Ages of politics also during the twelfth, thirteenth, and fourteenth century the rivalry between the Guelphs and the Ghibellines was one of the greatest contest in Italian politics. Western society therefore has a great past of conflict between Church and State, which has helped advance the movement in anticlerical and secular spheres. Countless modern states and parties embrace the separation of Church and State, but a suspicion has often been att ached to predominantly Protestant countries Catholic politicians, such as John F. Kennedy, that they are, whatever they may say, religiously committed to extending the influence of their Church over the State.(Cambridge University) In ancient civilizations the segregation of political and religious orders was not given meaning. With the occurrence of Christianity, the concept of two separate orders emerged, on the bases of Jesuss command to Render unto Caesar what belongs to Caesars, and to God what belongs to God (Mark 12:17). The intense union of religion and politics, nevertheless, proceeded even after the victory of Christianity as emperors such as Constantine who exercised authority amongst both church and state. During the premature Middle Ages secular rulers claimed to rule by Gods grace, and later in the Middle Ages popes and emperors fought for global supremacy. During the Investiture Controversy the church clearly established distinct and separate secular and religious orders, which lead to the so-called papal monarchy foundation. The Reformation greatly weakened papal authority, and the pendulum swung toward the state, in addition many monarchs demanding to rule both the church and state by divine ri ght. Enlightenment thinkers, as evinced in the U.S and post-revolutionary France, influenced the concept of secular government. In Western Europe today all states protect and maintain freedom of worship along with the distinction between religious and civil authorities. However, during the Middle ages the Pope claimed the right to overthrow the Catholic Kings of Western Europe and often exercise these rights, because the kings where taking control over the churches in their border which turned out successfully sometimes and sometimes not, such cases were with Henry VIII of England and Henry III of Navarre. In the West, the matter of separation of church and state during the medieval period focused on monarchs who ruled in the secular sphere but violated the churchs rule of the spiritual sphere. For example, in 1530s Henry VIII, angered by the Catholic Churchs refusal to annual his marriage with his wife Catherine of Aragon, resolved to break with the Church thereby setting himself as the ruler of the new church of England; the Anglican Church, thereby ending the separation that had existed between Church and State in England. Of the many remarkable structural and ideological changes that have taken place in the European history, the French revolution renders an essential social shift in the relations between the people and the church as prosperous partner with the state. By discussing how the French Revolution produced a dramatic and structural restrain in the relation of the Church to the state, I do not intend to propose that the revolution ended in a complete separation of the church and state. It does, nevertheless, the contribution to the diminishing role of the Church in state and in public affairs are indicated by important factors such as the role of the nation-state has diminished. In early modern Europe, the churchs power over people was reduced by the birth of the sovereign state. In the role of religion in regards to a state, theres no doubt in mind that civil liberties for all citizens and the full protection of human rights can be endangered by religion. For instance, the rights of non-believers and supporters of other religions the right of homosexuals along with the rights of women, at the most basic level, this is mostly an issue of tolerance, we should not impose their moral values, beliefs, and practices on others if such people dont inflict harm, even if we think people act immorally from their religious point of view and neither should we draw a distinction among people when they think speak or act in ways that are conflicting with our own beliefs. But the problem goes beyond the level of relations between citizens. The question about the proper role and place of religion in a state isnt restricted to the dilemma of how we act toward each other in our daily lives. In a democratic state, the people interpret their beliefs in government policy and legi slation. Hence, I wonder to what extend people can use their religious beliefs as basis or reason for legislation. Religion appears in liberal theory first and foremost as an occasion for neutrality and tolerance. The initiation is supplemented by both the categorization of religion as essentially as a private issue and the belief that religion is in some sense survival from an earlier era not a field of vital growth within modernity. We should see religious internationalism both under the problematic structure of colonial and postcolonial missionary work and in the engagements shaped by Vatican II, peace movement and liberation theology.(Burleigh) To summarize all, the proper role of religion in a state is based on individuals and their distinctive religious beliefs and faith. It has become a stock phrase that the spread of modernity throughout the industrial west and much of the world beyond has developed a system of secular nation-states that actively promote science but refrain the advancement of religion. This idea is much in line with contemporary controversy over globalization, postmodernism, human rights and church-state relations. Yet the growing recognition that science is a cultural and social product would seem to weaken the asymmetry between religion and science upon which this modern notion of the state rests . Observers of politics in the early modern era took it for granted that a state conscious of its own interest would or at least out to guide the religious behavior of its subject. Until recently, similar hypothesis about the importance of state policy in religious activities have informed historical writing about Europes protestant and catholic reformation. But scholars of the last four decades or so has made it vivid that one cannot ima gine the religious life of the people as simply decided for by their rulers. The modern state advanced toward a concept of secularism, whereby a state or country purports to be officially neutral in matter of religion, supporting neither religion nor irreligion. Most modern states claim to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen from a particular religion or non-religion over other religions or non-religion. Secular states become secular either upon establishment of the state or upon secularization of state, for example Frances religious monopoly was politically challenged by secular institutions, which lead to the comprehensive victory of secularism. Historically, the process of secularizing a state typically involves granting religious freedom, disestablishing state religions, stopping pubic funds to be used for religion, freeing the legal system from religious control, freeing up the education system, tolerat ing citizens who change religion or abstain form religion, and allowing political leadership to come to power regardless of religious beliefs. Many states of nowadays are secular in practice may have legal mark of an earlier established religion. Secularism also has various forms that may coincide with some magnitude of official religiosity. Thus, in the Commonwealth Realms, the head of state is required to take a Coronation Oath swearing to sustain the Protestant faith. The United Kingdom also retains positions in its upper house for 26 senior clergymen of the prominent Church of England known as the Lords Spiritual. While Scotland is part of the United Kingdom the Scottish Parliament proclaimed Scotland a secular state but conserves the religious monarch. The reverse sequence can also occurs, a state can go from being secular to a religious state as in the case of Iran where the secularized state of the Pahlavi dynasts was replaced by the Islamic Republic. Over the last few decade s, there has been a trend towards secularism. In the modern period, the separation of the church and state and the exercise of secularization have brought about a movement away form folk pattern of ordered religion. Migration of ethnic groups as an end result of colonial expansion, the rise of modern capitalism and individualism have also brought about a much greater recognition of the multi-cultural nature of society and a significance upon personal choice with respect to the issue of religious affiliation. One consequence of thee western world has been the tendency to convince religion as importantly a private rather than a pubic matter.

Friday, October 25, 2019

Desensitization therapy for allergy: theory and practice Essay

Allergies are one of the most common complaints for which patients seek medical attention. They disrupt patients’ lives and can even make others uncomfortable. While symptomatic relief can be obtained with antihistamines and similar medications, most patients would rather live completely symptom free and thus they turn to desensitization therapy. Here, I will explain the mechanism behind allergies and the different forms of desensitization therapies that are available today. An allergy is a hypersensitivity reaction by the immune system that occurs to certain antigens for which the body perceives as a threat and has an overreaction to. Patients generally experience inflammation of the airways, among other symptoms caused by the inappropriate release of histamine. The purpose of desensitization therapy in the allergic patient is to induce tolerance to the allergens that cause the patient to have symptoms.1 Several methods of desensitization therapy exist, the more prominent being subcutaneous injections and sublingual administration, and the less popular methods of intralymphatic and transcutaneous immunotherapy.2 Before desensitization can begin, however, it has to be determined what the patient is in fact allergic to. This is done by using purified antigen from the suspected allergen and doing either a skin test or a blood test. In the skin test, the suspected allergen is scratched into the skin and is positive when a wheal develops.3 In the blood test, the patient’s blood is mixed with the allergen in order to observe the presence of antibodies—specifically IgE. Therapy can only begin when the appropriate allergen is determined because the immunotherapy is allergen specific. Allergens work by inducing a Type 1 ... ...lege of Allergy, Asthma, & Immunology. Aug 2006;97(2):126-137; quiz 137-140, 202. 12. Ohashi Y, Nakai Y, Murata K. Effect of pretreatment with fexofenadine on the safety of immunotherapy in patients with allergic rhinitis. Annals of allergy, asthma & immunology : official publication of the American College of Allergy, Asthma, & Immunology. Apr 2006;96(4):600-605. 13. Larsen JN, Houghton CG, Vega ML, Lowenstein H. Manufacturing and standardizing allergen extracts in Europe. Clinical allergy and immunology. 2008;21:283-301. 14. Moingeon P, Mascarell L. Induction of tolerance via the sublingual route: mechanisms and applications. Clinical & developmental immunology. 2012;2012:623474. 15. Iglesias-Cadarso A, Hernandez-Weigand P. Risk factors for systemic reactions to allergen immunotherapy. Current opinion in allergy and clinical immunology. Dec 2011;11(6):579-585.

Thursday, October 24, 2019

Interpreting Laws and Court Decisions Essay

Interpreting Laws and Court Decisions Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations: â€Å"A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been c reated to deal with rights of employees and employers.† (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated employee, since the person in question is an illegal alien. Recent events in the United States Court of Appeals for the Second Circuit showed that my thoughts were way off base and wrong. The Second Circuit Court of Appeals decided on a case, Palma v NLRB, on July 10, 2013 that an employer could be required to reinstate illegal aliens previously terminated in violation of the NRLA; or National Labor Relations Act. (Palma v NRLB, 2013) This particular case was on appeal from a National Labor Relations Board (NLRB) decision that was Hoffman Plastics Compounds, Inc v. National Labor Relations Board, which found the employer unlawfully terminated the aliens for engaging n concerted protected activity under the NRLA, but the aliens were not entitled to an  award of back pay. (Hoffman Plastics v. NLRB, 2001) On appeal, the Second Circuit reaffirmed the Hoffman Plastics ruling prohibiting back pay to undocumented aliens, however the bare bones of the final ruling states than an employer that fires employees in violation of the NLRA essentially could be required to reinstate ex-employees it knows to be illegal aliens pending these workers can show proof of work authorization and present it to the employers (Palma v. NRLB, 2013). The next question for this particular case study is if it’s possible for the court to enforce the voluntary settlement agreement between the employer and NRLB without violating any immigration laws? I believe the answer is yes on account of the Palma ruling, as long as the â€Å"illegal aliens† can provide proof of work authorization, they’re sitting in the driver’s seat with minimal worries. Case Study 3-3 within our text book, titled â€Å"NLRB Jurisdiction over a Private Charter School†, we’re being asked if the Charter Schools Professional Management Inc (CSPMI) â€Å"meets the definition of an employer, as stated n Section 2 (2), LMRA and therefore, the board may assert jurisdiction and conduct a representation election?† (Holley, Jennings, Wolters, 2012). The case study tells us that: To be exempt from NLRB jurisdiction as a political subdivision of a state, the employer must either (1) be created directly by the state so as to constitute a department or administrative arm of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate (pgs. 114-115) CSPMI was not created by the state or any government entity, rather is a private, for-profit organization and the board is elected by the ownership of the corporation. This right here shows me that they are not exempt from NLRB jurisdiction. An interesting case, Chicago Mathematics & Science Academy Charter School, Inc., Employer and Chicago Alliance of Charter Teachers & Staff, F, AFT, AFL-CIO, Petitioner, was discussing the issue on whether a private, nonprofit corporation that established and operates a public charter school in Chicago, Illinois, is exempt from our jurisdiction because it’s a political subdivision of the State of Illinois within the meaning of section 2(2) of the NLRA (Chicago, 2012). The summary  of this particular case state: While CMSA is not a political subdivision of the State of Illinois or the City of Chicago, I would decline jurisdiction because it is so closely intertwined with and defined by those governmental entities in providing services of a peculiarly public and local nature. I am also noting that declining jurisdiction would not leave CMSA’s employees without the possibility of collective-bargaini ng representation. It would only subject them to the same labor relations laws as are applicable to others who, like them, are defined by statute as public employees in a public educational system. Accordingly, I would dismiss the petition. (Chicago, 2012) REFERENCES: Chicago Mathematics & Science Academy Charter School, Inc., Employer and Chicago Alliance of Charter Teachers & Staff, F, AFT, AFL-CIO, Petitioner. Case 13-RM-001768, 2012 Holley Jr, W., Jennings, K, & Wolters, R (2012) The Labor Relations Process 10th edition. South-Western CENAGE Learning; United States â€Å"Labor Law.† West’s Encyclopedia of American Law. 2005. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3437702567.HTML Palma v. NLRB, 12-1199 (2d Cir. 2013)

Wednesday, October 23, 2019

Legal, social, and economics of Business Essay

The scenario in question gives us the portfolio of a person that likes to do things around the home and has come up with an idea that might benefit his/her home and perhaps other homes globally. Another version of this idea already exists on the market but the person believes his invention might further simplify and make the â€Å"appliance† more user friendly and safer. This person does not have available funds for the project and would therefore have to look to an outsider to complete the task at hand. The inventor has researched the market of the other â€Å"appliance† and found that it has an annual growth of 2%. He believes this invention could increase that growth because he thinks this invention might be used in many other â€Å"appliances† making the product quite versatile and therefore appealing to a wide range of markets. For the person to be able to make a wise decision about how to make his project a reality we look at three types of business, the sole proprietorship, general partnership and corporation, while considering the advantages and disadvantages. After looking thoroughly at these types of businesses, we try to make an informed decision in which type to recommend for the project, keeping in mind all the aspects of the persons â€Å"limitations†. These three types of businesses all have their advantages and disadvantages and based on those we determine that general partnership would be the smartest way to proceed, as the persons â€Å"limitations† minimize the chances of the two other options succeeding. Let us start by looking at closely at the three business types in question regarding the scenario. Sole proprietorship, a business owned and operated by one person. Advantages: He would be in full control, and accountable to no one but himself. In the case listed this could be good because he could manage his time between his business and the home equally, on the other hand it might also bring difficulties both to the home and business as one might suffer from the other. Managing a business by oneself must be a difficult task. It is easily achievable. The startup of a sole proprietorship would be easy, but does success come from ease? There must be some risks and difficulties involved. Less money to be raised for starting up the business. As written in the scenario, the subject does not have access to large funds, therefore this could be a less financially upsetting way to start. Disadvantages: He would be liable for all the debts of the business personally, there is no limit to his liability. Putting his family’s financial security at risk might not seem a good idea and hardly appealing to his spouse, but taking a considerable amount of risk would be necessary. He might find it difficult to attain funding. Being an individual with low â€Å"net worth† banks and other loan facilities might not want to take the chance of lending the money for the project. General partnership, two or more persons whom share monetary responsibilities. Advantages: Growth possibilities. As described in the scenario the idea could be usable with several â€Å"appliances† making the project likely to have considerable growth potential in time. Easier to attain funding. If two or more individuals take up partnership it is more likely to be appealing to monetary facilities to fund the project because two individuals are worth more than just one. Both partners are taxed as individuals. Only one level of taxation. Partners are taxed according to their partnership agreement and have full control over how their income is allocated in accordance to their interests as long as there is economic reason. Disadvantages: One person may be liable for all debts. If for example a person would only be letting someone use their name in the partnership agreement, that same person, even if he or she could prove never to have had anything to do with the business itself, could be liable. It is therefore extremely important to have a good, detailed partnership agreement that covers all aspects of the partnership. Conveyance of ownership can be arduous. If for example one of the partners died, the partnership would go to his next of kin or whomever is his or her heir. This could be a problem if that person is not interested in the partnership or for any other reason is unable to uphold the partnership agreement. Corporation, a business where owners have separate status from the business itself and are only financially liable at part. Advantages: The owners are only liable for the funds they bring into the business. There is an exception from this rule, if the incorporation of the company was not â€Å"up to par†, an owner can be held liable. The business is not reliant on the owners to continue. The board members can easily agree on â€Å"pushing† an owner out of the corporation, which can be become a reality in this particular scenario if the inventor or initial owner of the corporation does not have a â€Å"bulletproof† agreement and/or patent of the product of the corporation. If an owner dies or by any other means cannot uphold his status in the corporation it does not affect the corporation itself. Disadvantages: Costly startup. As written before, the subject is not a person of great means. Starting a corporation could be extremely difficult for this person. Rules and regulations. There are different rules and regulations in accordance with where the corporation is incorporated, for the subject it might be a wise decision to incorporate in another state than where he lives, which in turn could make the spouse unhappy for it would obviously make the home life difficult and/or resolve in them having to move the whole family to a new place. The owner as well as the business are taxed separately, making the income double taxed. â€Å"First, a corporation pays income taxes on company profits. Then stockholders pay taxes on their income (in form of dividends) returned by their investments.†( Ebert, R. J., & Griffin,R. W. (2011), page 48) To make an informed decision regarding the type of business that best fits the person’s interests, abilities and the product, the first step for the person could be to have the idea assessed. There are several businesses that offer that kind of services and for this particular scenario it might be the best thing to do. From reading the scenario it is apparent that the persons spouse is insecure about the whole affair and by having the idea or invention assessed the inventor could get an experienced professional in this field to assess the product regarding manufacturing possibilities, consumer needs, legal aspects and distribution, before he jumps in â€Å"at the deep end† and puts his family’s financial security at risk. Having done that, based on the assessment, he could make an informed decision regarding the business type best suitable. After reading the scenario and studying the business types it would be likely that the best type in this case would be General partnership. That recommendation is based on the fact that the person is low on funding options and taking in consideration the families security, sole proprietorship seems too risky because the person would have to create large debts in the beginning to just produce the product, that is, if any type of monetary company would want to risk lending to the person in the first place. Also by opting for sole proprietorship, all obligations of the business would fall on the person, making the venture potentially minimize family time. Even though sole proprietorship could result in great personal success and money if all went as planned, the initial risk would be too great, especially when taken into consideration the fact that the person has little or no managerial skills. By choosing general partnership, the person could, after having the invention assessed, and perhaps patented the â€Å"appliance†, make detailed business plan that could be presented to one or more potential business partners with access to large funds and /or good credit, being careful in choosing someone who can bring to the table something that compensates his shortcomings, like his lack of managerial skills. General partnership also divides the risk, making the project more appealing to the persons spouse. By creating a â€Å"bulletproof† detailed partnership agreement it minimizes the risk of all factors of the disadvantages in general partnership. Choosing the corporation type at this time would not be wise because it requires large funds and could prove too large an undertaking for the person at this point. That however does not mean things cannot change in time.