Gun Control Essay Example for Free

Weapon Control Essay Weapon Control is by all accounts a greater amount of an issue today than it has ever been throughout the entire existence of our reality. We’ve all heard grievous reports about weapon brutality; we’ve been catching wind of these accounts since we’ve been mature enough to recall. Weapon control has consistently been a disputable issue, however it might be the most dubious of all issues now. The ongoing shootings at Sandy Hook in Newport, Connecticut have put firearm control at the front of the line. Weapon control isn’t comparative with my field of study, however it is an issue that I feel uninformed about. I can comprehend the perspectives on the two sides of the discussion, yet I work with many firearm fans who are extremist towards this issue, and I need to stop this numbness; at my work environment, however anyplace that the issue is being talked about. This is an intense and touchy issue that will influence my children’s future, and I have to teach myself since I need to be included. Weapon savagery is wild and should be halted. Firearm control has been, and presumably consistently will be, an issue that will consistently have resistance; yet the issue should be tended to now like never before. It’s not an issue of firearm control as a rule; it’s an issue of weapon control today. Everybody needs to remark on the ineffectualness of weapon control laws before, for example, the attack rifle band; expressing that firearm viciousness never diminished from these laws

Le Baiser De La Mort Essays - Duchess, , Term Papers

Le Baiser De La Mort The Kiss of Death Short timed clopping resounded all through the forlorn partner ways that injury through the dull external restrictions of Bordeaux, France. A scary tranquility lingered palpably, and simultaneously, a disrupting expectation. The lean coachman lashed out at his group of ponies, who previously pushed on in an uncomfortable trot. Downpour sprinkled apathetically from a terrible sky; a grave complexity to the dreamlike fretfulness that expended the occupants of the city. Indications of the extraordinary dark plague had been located in a little town along the Garonne River. So near Bordeaux. Level block dividers and wet partner ways flashed by, whirling together into a virus dim nothingness, as saw from inside the twitching stagecoach. Pulling her silk wrap nearer about her shoulders, the Duchess of Bordeaux shuddered, attempting to free herself of the foreboding mindfulness that had settled thickly around her, as a thick haze that snares itself upon a boggy scene. The mentor went to a sudden stop, breaking the ominous mentality the duchess had slipped by into. The downpour had started to pound barbarously upon the marble asphalt that prompted a tremendous stronghold. In minutes, the downpour dense into little shinning globes, breaking like a thousand applauds of roar as each hit the stone pathway. The Duchess flinched as the hailstones lashed at her uncovered tissue, hurrying to secure her shroud upon her jawline. Her arm raised to shield her eyes from the misleading solidified downpour, she started the trek up the dreary marble step case to her fabulous ch?teau; as she climbed, the marble got encased in a thick layer of ice. Short of breath, and her cheeks shaded blood red as a blasting fire, the Duchess entered through the overwhelming oak entryways driving into the huge vestibule that filled in as a passageway room into the luxuriously outfitted royal residence of the French regal family. Tensely, she permitted the workers to expel her splashed pieces of clothing, and at speed pulled back to her private chamber. Burning through no time, the Duchess evacuated a durable bit of material from a bureau and got a plume and ink. Composing hotly, she drudged for an hour over the fundamental dispatch, and fixed it with the official illustrious seal when she had wrapped up. Gathering for a worker, she provided requests to him with the end goal that he was to convey this letter by method of a solitary messanger who might be holding up at the base of the château steps. He was to tell nobody and do this as fast as could be expected under the circumstances. She would anticipate his arrival and convey his installmen t when the undertaking was finished. Unobtrusively, the Duchess took into the west passage that drove into the Duke's room chamber, to recover his lord key. Beneath, her significant other was engaging the nobles by method of his typical unrestrained masquerades. Helping through the conduits in the high house of God roofs, the Duchess tuned in to the gay percussion as it pounded musically, joined by giggling as clear and joyful as sleigh chimes. Not out of the ordinary, the duke, vainglorious and confident would be roosted upon his ruby-loaded tossed; his sharp highlights and projecting chest helped her to remember the haughty peacock; constantly one to blowhard his brilliant quills. Her appearance obscured. She envisioned him enhanced in his luxurious ensemble, claiming to be liberal and sincere to his visitors. He would top off their cups with his generally strong and developed French wines until they were smashed consequently he could examine significant issues of business and cheat them out of enormous totals of gold . She wrung her hands apprehensively, trusting her significant other would consider her at the disguise long enough for her to get word about her letter, in spite of the fact that she was unable to avoid raising the Duke's own doubts. She came back to her own chambers to prepared herself for the ball. Over the span of the night, the Duchess' dispatcher jogged with scramble to the living arrangement of Matthieu Brousseau; a frank political man who was a mainstream contact of the Duke himself. Once past the entryways of the royal residence, the hireling rushed to recognize the heaved smells about. Wagons shrieked past the delegate with masses of spoiling substance tossed upon them. The

Preparation For 1-on-1 Online Tutoring Session

Preparation For 1-on-1 Online Tutoring Session Preparation For 1-on-1 Online Tutoring Session Preparation For 1-on-1 Online Tutoring Session An online tutoring session provides a great way for you to get the most bang for your buck. Its one of the various tutoring options out there which, given its inherent flexibility, is attractive to many. To best utilize this service you want to go into it having learned as much as you can on your own, and then ask the tutor questions to help fill in those gaps in your knowledge. Questions like these tend to be the deeper, more insightful kind. These are the type of questions that fresh learners typically have; which cut right to the heart of the problem, and assume nothing in terms of prior knowledge. As is often the case, answers to these questions are often not provided by textbook authors and instructors. The reason for this is because people who have known the subject matter for years have a tendency to forget what it is like to learn the material in the first place. They have lost touch with those first learning steps, and therefore teach the material without regard to some of those learning bridges, which connect not understanding something to understanding something. As someone who is learning the material the first time, you have access to those gaps in explanation, and you want to make a note of them and then ask for clarification by the right person, such as a tutor. Getting those issues resolved will go a long way towards helping you get proficiency in the subject matter. And if you do it during a tutoring session you will do so in an efficient manner. It might be that there is some key lack of understanding that, when clarified, will make the rest of the subject material a lot easier to understand. But it is important to flesh out the details of what it is you dont understand. And then once you do that, seek help, and the process will be more useful to you. At Homework Help Canada, we can help you get to the bottom of your academic difficulties. Come to us with your prepared questions and we can help you out. With our 1-on-1 Skype tutoring we can help you resolve your difficulties as a first-time learner of the subject matter youre having difficulty with. And even if youre not a novice, but still want to get a better handle on the material, were available for that too. References: Glines, A. (2015, August 24). WSU offers students various tutoring services. Retrieved August 24, 2015, from Preparation For 1-on-1 Online Tutoring Session Preparation For 1-on-1 Online Tutoring Session Preparation For 1-on-1 Online Tutoring Session An online tutoring session provides a great way for you to get the most bang for your buck. Its one of the various tutoring options out there which, given its inherent flexibility, is attractive to many. To best utilize this service you want to go into it having learned as much as you can on your own, and then ask the tutor questions to help fill in those gaps in your knowledge. Questions like these tend to be the deeper, more insightful kind. These are the type of questions that fresh learners typically have; which cut right to the heart of the problem, and assume nothing in terms of prior knowledge. As is often the case, answers to these questions are often not provided by textbook authors and instructors. The reason for this is because people who have known the subject matter for years have a tendency to forget what it is like to learn the material in the first place. They have lost touch with those first learning steps, and therefore teach the material without regard to some of those learning bridges, which connect not understanding something to understanding something. As someone who is learning the material the first time, you have access to those gaps in explanation, and you want to make a note of them and then ask for clarification by the right person, such as a tutor. Getting those issues resolved will go a long way towards helping you get proficiency in the subject matter. And if you do it during a tutoring session you will do so in an efficient manner. It might be that there is some key lack of understanding that, when clarified, will make the rest of the subject material a lot easier to understand. But it is important to flesh out the details of what it is you dont understand. And then once you do that, seek help, and the process will be more useful to you. At Homework Help USA, we can help you get to the bottom of your academic difficulties. Come to us with your prepared questions and we can help you out. With our 1-on-1 Skype tutoring we can help you resolve your difficulties as a first-time learner of the subject matter youre having difficulty with. And even if youre not a novice, but still want to get a better handle on the material, were available for that too. References: Glines, A. (2015, August 24). WSU offers students various tutoring services. Retrieved August 24, 2015, from

Hiv / Aids The Rapid Spread Of Infectious Disease Essay

An epidemic can be defined as â€Å"The rapid spread of infectious disease to a large number of people in a given population within a short period of time†. When the culmination of an epidemic spreads across countries (then being identified as a pandemic) the affliction of the disease affects people of all varieties, being excluded from no cultural or social background. From The Black Death of 1347 to the Spanish Flu during World War I, pandemics have deeply affected populations throughout the world, sparking extreme social, economic, and medical advancements that have helped to shape communities of all diversities. One particularly influential pandemic that spread through Californian communities was the HIV/AIDS outbreak, an extremely erratic and largely unknown disease even of it’s modern time. The large scale spread of HIV/AIDS in California beginning roughly between late 1970’s/early 1980’s caused panic among medical professionals and affected communit ies throughout the entire state as well as The United States as a whole, ultimately becoming recognized as one of the largest modern pandemics worldwide. HIV is an incurable disease that affects the immune system by attacking T cells (help to fight infections) which unlike normal cells throughout the body cannot be rejuvenated. HIV is contracted through exposure to blood or bodily fluids containing the virus, weakening the immune system to levels in which the body becomes prone to infection and illness. Due to lack ofShow MoreRelatedThe Epidemic Of Infectious Diseases Essay1549 Words   |  7 PagesFor thousands of years, infectious diseases have had a strong influence over human populations by challenging the immune system to continuously adapt to new virulent strains. With the advantage of reproducing more rapidly than the human immune response, microorganisms that cause even minor infections can prove to be fatal (Parham, 2015). Over time, outbreaks such as ‘The Great Plague’ have threatened to bring an end to society. Without the ability to contain these diseases geographically and provideRead MoreThe Public Health T riad Essay1017 Words   |  5 PagesThe role of public health in our society cannot be underestimated. The main goal of public health is to prevent and control diseases with the aim of promoting health. Humans contribute to this health promotion. However, human actions are also responsible to some detrimental health effects. Human behavior through habitat modification has led to the emergence of infectious diseases â€Å"Modification of natural habitats by humans is a leading cause of emerging zoonoses† (Battle, 2009, P 32). Humans contributeRead MoreThe Fight Against Non Communicable Diseases1221 Words   |  5 PagesIn today’s society diseases are the main generalization that causes death and to be spread from state to state. Transnational diseases are life threatening and can cause a person to become ill for a very long time. Although, there are several types of diseases that complex the world, none stick out more than HIV/AIDS, tuberculosis, Ebola, and animal dis eases. All of these take a major toll on the world with them passed from one person to another. With people visiting different countries day in andRead MoreHIV/AIDS in Botswana.1525 Words   |  7 Pageswith AIDS in 2003 (AIDS and HIV Statistics for Africa). In Botswana alone, the AIDS prevalence rate is an immense 36.5% (HIV and AIDS in Botswana). In Botswana, AIDS has been an ongoing epidemic since the first case reported in 1985 (HIV and AIDS in Botswana). AIDS is caused by the Human Immunodeficiency Virus (HIV), which weakens a person s immune system causing them to be more susceptible to infectious diseases such as meningitis, pneumonia, the flu, and many other diseases. Though AIDS does notRead MoreUnderstanding The Evolution, Life History, And Aids, Acquired Immunodeficiency Syndrome868 Words   |  4 PagesEbola and HIV Ebola, and AIDS, Acquired Immunodeficiency Syndrome, are both dangerous zoonotic diseases that originated in Sub-Saharan Africa. AIDS, the result of HIV, human immunodeficiency virus, has been an ongoing pandemic for decades. Meanwhile, the first Ebola case was recognized in the 1976 and has incurred severe sporadic outbreaks but has been controlled (Rajak, 2015). While both rapidly mutating RNA viruses, several key factors have allowed AIDS, to become a worldwide pandemic while EbolaRead MoreHuman Immunodeficiency Virus Type 21523 Words   |  7 PagesHuman Immunodeficiency Virus Type 2 HIV-II Discovered and Isolated In 1985, serological evidence was presented which suggested a virus closely related to simian T-lymphotropic virus type III (STLV-III) infected a man in Senegal West Africa (Barin, M’Boup, Denis 1985). At that time, Senegal, West Africa was a region where AIDS and AIDS-related diseases had been observed (Barin, M’Boup, Denis 1985). The results of the serological evidence suggested that certain healthy Senegalese people were exposedRead MoreHow Can We Protect Ourselves Against Infectious Disease?1404 Words   |  6 PagesHow Can We Protect Ourselves Against Infectious Disease? An infectious disease is caused by a pathogenic microorganism such as virus, bacteria, protists and fungi. It can spread directly or indirectly from human to human or from human to animal, which is called zoonotic. For infectious diseases such as AIDS or Hepatitis B, it is transmitted via breast-feeding, contaminated injections/transfusion and unprotected sex. Diseases like bird flu such as Influenza and SARS, they are transmitted via dropletsRead MoreThe HIV/AIDS Epidemic in China Essay807 Words   |  4 PagesChina is going through a period of rapid social transformation where these practices are becoming visible and being acknowledged by the Chinese. Recently, Chinese officials have recognized and admitted that the country is experiencing a widespread outbreak of HIV/AIDS. Previously, China adopted the position that there was little to no HIV/AIDS in the country, but now officials are admitting that they do in fact have a large population of citizens with HIV/AIDS. It is said to be the leading causeRead MoreTuberculosis And Its Effects On Society1704 Words   |  7 PagesThey called it consumption. It was an accurate name – it consumed you, and you coughed up pieces of yourself as the disease ravaged your body. More often than not, you died a painful, terrifying death, but not until after you showered your loved ones with the extremely contagious bacteria. Today we call it Tuberculosis, and, growing up as a child of the 80’s, my only exposure to TB was in the educational game, The Oregon Trail. Indeed, in the United States, TB is not something frequently seenRead MoreIsaiah Bouromphongsa . 2Nd Hour. Mrs. Klaren. 4/12/17.1013 Words   |  5 PagesIsaiah Bouromphongsa 2nd Hour Mrs. Klaren 4/12/17 HIV vs. Ebola HIV and Ebola are often compared to each other, but they are very different viruses. HIV also known as human immunodeficiency virus is one of two retroviruses that infect and destroy helper T cells of the immune system, causing a reduction of T cells. Ebola is an infectious and fatal disease that starts with fever and internal bleeding, spread through contact with infected bodily fluids by a filovirus. In The Hot Zone, Richard Preston

Personality Case Studies - 1618 Words

Abraham Maslow Case Study 18 Maslov’s hierarchy of the five innate needs describe the factors that activate and direct human behavior. They are the physiological, safety, love and belongingness, esteem, and self-actualization needs. According to Maslov, these needs are instinctoid, or hereditary, but can be affected or overcome by learning, social expectations, and fear of disapproval. Therefore, these needs are subject to variation from one person to another (Schultz Schultz, 2012). 1) Before Frank was laid off, all five of Maslov’s needs were met. His physiological needs were satisfied because, although he disliked the third shift, Frank and his wife were able to afford a small house, put food on the table, and provide their children†¦show more content†¦As the self emerges, infants develop a need for positive regard, or the universal need for love, acceptance, and approval from others. Positive regard has a reciprocal nature in that when people perceive themselves to be satisfying someone else’s need for positive regard, they in turn experience satisfaction of that need themselves. By interpreting the feedback we receive from them (either approval or disapproval), we refine our self-concept (Schultz Schultz, 2012). 1) Before her experience with her support group, Katharine’s self-concept differed greatly from her ideal self. Katharine’s ideal self describes â€Å"one of those women who had it all: a career and family life† (p. 69, para. 3). She dreamed of being happily married with children and own her own business. However, Katharine â€Å"felt like such a failure† because she was divorced and working as a secretary for someone else’s business to support herself (p. 69, para. 1). Because Katharine had quickly married her â€Å"high school sweet heart† to satisfy her ideal self, her marriage enforced negative conditions of self worth on Katharine by her husband who â€Å"disapproved of her taking business courses† and â€Å"discouraged any attempts she made at earning money on her own† (p. 69, para. 2). In addition to the friction of theirShow MoreRelatedThe Personality Disorder Case Study891 Words   |  4 PagesPersonality Disorder Cas e Study Male client in his late forties for initial counseling session. He claims that he is only seeking counseling to appease his ageing mother (Laureate Education, 2012). He states his mother is 86 years old and is pushing him to find a girlfriend (Laureate Education, 2012). He states that he is not willing to change his ways to accommodate a relationship (Laureate Education, 2012). Client insists that he does not want a relationship, that he has never wanted one (LaureateRead MoreIntroductory Personality Psychology Case Study781 Words   |  4 Pagesintroductory personality psychology courses at The Pennsylvania State University from the Altoona and University Park campuses will be recruited for participation. All students enrolled in the courses will be required to complete the procedure for this study to earn a grade in the course, however, they will be required to give their consent to use their data in the present study in exchange for extra credit in the course. Those who do not consent to use their data will be omitted from the study and willRead MoreCase Study Intitled A Diamond Personality856 Words   |  4 PagesCase Study ï ¿ ½ PAGE * MERGEFORMAT ï ¿ ½1ï ¿ ½ A Diamond Personality Dale A. Miller CJA/473 September 4, 2010 Gary Vernon Introduction A case study is a form of qualitative explanatory research that is used to look at individuals, a small group of participants, or a group as a whole. Research on case studies allows people to understand complex issues that can extend experience and add strength to previous research. Case studies articulate detailed analysis of a minimal number of events and their affairsRead MoreBorderline Personality Case Study: Maria1402 Words   |  6 Pagesï » ¿Case study: Maria The patient Maria offers a case study in typical borderline personality symptoms. Maria has manifested a marked instability in the relationships in her personal life. Borderline patients often express over-idealization or demonization of the individuals in their lives. Their personalities are often histrionic, and they tend to see both people and events in black and white terms, either as bad or good. It is typical for a BPD (borderline personality disorder) patient to haveRead MoreCase Study: Schizotypal Personality Disorder852 Words   |  4 PagesCase Study #6 — Schizotypal Personality Disorder Background Information Tyler is a 15 year old male who is currently living at home with his mother and younger sister. His mother describes Tyler as â€Å"always being an odd child† who had significant difficulty relating to his peers. As a child he would spend a great deal of time alone involved in role playing. She said that social situations always provoke great anxiety in Tyler and he is extremely socially inept. Currently Tyler rarely socializes,Read MoreEssay on Foster Creek Post Office Case Study754 Words   |  4 PagesFoster Creek Post Office Case Study Background of Case This case is about an experienced city postal carrier who has recently filled a position at a small town post office and has difficulty adjusting to a different way of life. The central characters include: Larry (the postmaster of Foster Creek), Jim (a senior carrier) and George (a senior carrier). The Foster Creek Post Office exists in a small town and the typical way of life is carried through at the post office. Harry has arrived at FosterRead MoreAre there any advantages to thigpen and cleckley‚Äà ´s study over freuds is way of working with patients?1049 Words   |  5 PagesAre there any advantages to thigpen and cleckley’s study over freuds is way of working with patients? Freud’s study, Analysis of a phobia in a five-year old boy, is the account of the treatment of little Hans; a five year old boy who had been suffering form anxiety that led to a number of phobias. Freud uses this case study as strong support for his psychoanalytic ideas concerning; the unconscious determinism, psychosexual development, the Oedipus complex, the cause of phobias and psychoanalyticRead MoreDetermining The Data Collection Tools823 Words   |  4 Pagesbe used to collect the study data. The researcher examines the reason of the case study in depth using a selection of data gathering methods, to provide proof that leads to an understanding of the case, and answers the research questions. An important point of the case study method involves using multiple data collection; interviews, document reviews, collection of physical artifacts, and archival records. The data collection method the researcher will use in this study is document review. StepRead MoreMba 555 - Case Study Essay1716 Words   |  7 Pagesresolve conflict. Many of the topics covered in the chapter have a direct implication to the case study, Reputation in Jeopardy, and can be used to both analyze and provide insight into the possible future behavior of the characters in the study. The case can be broken down into three main questions: 1. What are the main conflicts between the characters? 2. How do the concepts of conflict relate to this case? 3. What course of action should the characters take to resolve their conflicts? The intentionRead MoreSports Leadership Of The 21st Century1105 Words   |  5 Pageslight to help young experts and sport administration understudies get to be pioneers in various regions of sports. Dockweiler, S. (2014, August 2). Https://www.themuse.com/advice/the-most-useful-personality- quiz-youll-take-this-week. Retrieved September 25, 2016, from http://time.com/3074037/personality-quiz/ This quiz by Dockweiler will not only help you to discover traits about yourself that you may have not noticed before, but its an actual eye opener and he has some great ideas that may be

Medicine Free Essays

Medicine is an important part of our lives, a fact true for those who experience serious health problems and those with relatively healthy backgrounds. In modern society, it accompanies us from the cradle to the grave, with all kinds of analyses, tests, vaccinations, preventive measures, and the like. The functioning of this huge and enormously complex and costly apparatus often makes individuals think that they are being handled by a well-oiled machine relying on rigorous scientific procedures. We will write a custom essay sample on Medicine or any similar topic only for you Order Now Yet the medical testing and evaluation procedures at this point still lack rigor, and patients are often trapped into wrong treatment by a doctor’s bad judgement. In general, there is less effectiveness and more mistakes in modern health care than one would expect, at least in developed nations with their high cost of services and health care often turned into a national priority. On my part, I first got a glimpse into the ineffectiveness and obscurity of modern medicine when my grandmother got cancer. It was not diagnosed till it was in the final stage, primarily because my Grandma was not the one to often see a doctor. However, when it became clear that she had it, and most physicians arrived at this conclusion based on how she felt, the greatest challenge proved to be the real diagnosis. Our problem was that nobody knew what type of cancer she had – obviously something in the stomach, but what exactly boggled the doctors. As a result, the 82-year-old woman with cancer in the final stage was forced to go from one medical examination to another, in a long string of visits to the hospital that consumed her last strength. The first tentative guess was that it was related to gynaecology, but the physician who tested her for this type of cancer found no pathology. As it turned out later, he made a gross mistake; however, it had not been discovered until she completed the full round of investigations that could find different varieties of cancer, and another gynaecologist assigned to see her immediately diagnosed her with ovary cancer. In this case, the fuzziness of procedures or blatant incompetence of a single doctor (we never found out what was the real cause) cost the old woman at least two weeks of continuous visits, instead of staying at home with her relatives to share with them the last moments of her long and fruitful life. When she got ill, my aunt and cousin moved to stay with us. Both being doctors, they often discussed their hypotheses about my grandmother’s illness, with their discussions impressing me with the vagueness and tentative approach to issues like the diagnosis. The whole process that had appeared to me as a coherent, authoritative investigation of the patient’s condition now looked as a haphazard analysis of disparate facts, driven more by intuition than by sound informed judgement. My reaction could have been aggravated by the fact that it was my relative who was being examined and I took a strong interest in her destiny, but in any case I began to take medical advice and evaluation with a grain of salt after that. While this story certainly presents the viewpoint of a layperson, tainted by emotional attitude, the same situation arouses concern of many qualified professionals. Dr. George D. Lundberg, the author of Severed Trust: Why American Medicine Hasn’t Been Fixed, also calls for toughening of medical standards in order to improve health care.   Lundberg calls for â€Å"national standards based on scientific knowledge and expertise† (McDonough, 2001). The establishment of such standards would permit improvements in the regulation of the sphere so vital for the well-being of doctors and patients. While Americans pay so much for medical care to the point where many poorer citizens cannot afford it, they do not always get the treatment they need and deserve. Dissatisfaction with the level of care provided is shared by many professionals who have seen flagrant cases of ignorance and sloppiness. Too often patients have to rely on judgements made on the basis of inadequate research and lack of information about the subject. Scheibner (2001) gives an example of the above describing how the exact causes of the Shaken Baby Syndrome appear doubtful; yet â€Å"a great number of parents and other carers are being accused of shaking their small babies and causing grievous bodily harm and death†. It is really frightful to think that people can be accused of causing harm to their children, a stigma that will stick to them for a lifetime while in reality they may be totally innocent. Dysfunctions that happen in children’s bodies are often an enigma to physicians who do not hesitate to put the blame on mothers and fathers, disregarding carers’ pleas that they have nothing to do with what happens to their children. Scheibner (2001) suggests that in fact such harm can be caused by â€Å"those who inject babies with great numbers of vaccines within short periods of time in the first months of life, often ignoring the observed serious reactions to the previous lots of vaccines†. Whatever is the case, it is clear that the causes of human illness for a great part remain obscure, and we are forced into guessing and never knowing what went wrong in this or that particular case. The worst part of this situation is that medical judgements can impact human lives, accusing carers of irresponsible behavior. The only hope is skilful physicians that are plenty around and the progress of science that will make the human body and internal processes less of a mystery. This paper does not attempt to vindicate professionals who selflessly devote their lives to caring for people in need and improving public health. Its only purpose is to attract attention to the still unsatisfactory state of affairs in medicine. Too often patients rely on the gut feeling of the doctor that can lead him or her to be blatantly wrong. In many cases, the process can be improved through thorough research and application of sound medical principles. Toughening medical standards can also be of help. With the general progress of science, it is to be hoped that medical care can also progress, allowing patients to receive more grounded diagnoses and prescriptions and minimising the risk of errors. Works Cited Hirsch, Joy. â€Å"Raising Consciousness.† Journal of Clinical Investigation 115 (2005):1102. McDonough, John E. â€Å"An Editor’s Diagnosis.† The American Prospect 12.7 (2001, April 23). Quality Interagency Coordination (QuIC) Task Force. Peer Review Protections. 7 July 2006 ;http://www.quic.gov/report/mederr6.htm;. Scheibner, Viera. â€Å"Shaken Baby Syndrome Diagnosis On Shaky Ground.† Journal of Australasian College of Nutritional ; Environmental Medicine 20.2 (August 2001): 5-8. Simon, Robert I. â€Å"Commentary: Medical Errors, Sentinel Events, and Malpractice.† Journal of the American Academy of Psychiatry and the Law 34.1(2006): 99-100. ; How to cite Medicine, Essay examples

Pension Fund Fiduciary Duty and Non-Financial Considerations Essay Example

Pension Fund Fiduciary Duty and Non-Financial Considerations Paper The fiduciary duties of loyalty and prudence have often been seen as presenting an impediment to the consideration of so-called non-financial factors, in particular ethical, environmental, social and governance (ESG) factors in investment strategy. In reality, it would be more appropriate to think of these ‘non-financial factors’ as not-yet-financial factors, thus acknowledging that currently non-financial factors may become financial as relevant legislation is introduced and public perception develops. This subsection discusses why so-called non-financial factors have been seen as offlimits for pension fund fiduciaries: briefly, the duty of loyalty has on occasion been interpreted as requiring fiduciaries to focus solely on immediate financial returns from investments; courts have at times interpreted the duty of prudence in such a way as to encourage fiduciaries to adhere to the status quo, discouraging innovation in investment (including looking to factors other than traditional financial considerations). Critics oppose the consideration of non-financial issues on the basis that such consideration may indulge the political motives of trustees at the expense of financial earnings for beneficiaries. Public pension funds, in particular, may be vulnerable to ill-judged, politically motivated investment decisions. This reasoning, if applied to climate change, paints pension funds’ consideration of the risks and opportunities associated with climate change in investment strategy as contrary to fiduciary duty, at least in so far as their inclusion is unconventional compared with industry peers. Part of the reason for the perpetuation of the perception that fiduciaries should not have regard to non-financial factors in their investment approach is the lack of recent case law directly on point. The main cases in both the US and the UK were decided in the 1980s, and in both places, the questions usually had to do with ethical and political questions regarding investment in then-apartheid South Africa. No case has tested the issue of whether specifically environmental factors may be taken into account in pension fund investment decisions. Certainly, no case has yet dealt with the question of whether pension fund investment strategy may have explicit regard to the risks and opportunities assoc iated with climate change. We will write a custom essay sample on Pension Fund Fiduciary Duty and Non-Financial Considerations specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pension Fund Fiduciary Duty and Non-Financial Considerations specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pension Fund Fiduciary Duty and Non-Financial Considerations specifically for you FOR ONLY $16.38 $13.9/page Hire Writer There have been recent attempts to clarify the status of non-financial considerations in pension fund investment strategy on both sides of the Atlantic. Unfortunately, neither country has succeeded. In the US, recent Department of Labor Bulletins intended to clarify the Department’s position have in fact confused the issue further. Some commentators from within the institutional investment industry have interpreted the bulletins as requiring strict avoidance of non-financial consideration in investment decision-making; many regard them simply as confused, confusing and contradictory. In the UK, comments from parliamentary debate in 2008 indicated some support for the view that ESG factors may legally be integrated into pension funds’ investment strategies. However, no legislative change was made, and as a result the comments are in no way binding. For these reasons, the uncertainty surrounding the requirements of fiduciary duty with respect to non-financial considerations remains, and creates a perception amongst trustees that it is safest not to test these waters. Without legislative clarification, it is likely that many pension funds will avoid the issue altogether by ignoring the question of climate change. US Case Law and Recent Commentary US cases considering trustees’ regard to non-financial factors in investment decisionmaking have produced mixed outcomes. In Board of Trustees of Employee Retirement System of the City of Baltimore v City of Baltimore, the City of Baltimore had passed ordinances requiring the city’s public pension funds to divest from companies that had business dealings in South Africa. The trustees of the funds sued the City, arguing that the ordinance restricted their ability to properly diversify by reducing their investment universe. This, they argued, unlawfully affected their duty of prudence. The trustees also argued that the ordinances unlawfully affected the common law duty of loyalty by diluting the trustees’ focus on the exclusive benefit of beneficiaries through the inclusion of social considerations. The Court of Appeal found that although the ordinances did reduce somewhat the universe of potential investments for trustees, ‘a diversified, [South Africa Free] portfolio can be managed consistently with the duty of prudence’. Furthermore, the court did ‘not believe that a trustee necessarily violates the duty of loyalty by considering the social consequences of investment decisions.’ Instead, the court stated that ‘a trustee’s duty is not necessarily to maximize the return on investments but rather to secure a â€Å"just† or â€Å"reasonable† return while avoiding undue risk.’ By contrast, in University of Oregon v Oregon Investment Council, the Court of Appeal of Oregon refused standing to the University of Oregon students associations who sought a declaration that the state could not invest endowment funds in companies operating in Namibia, South Africa and Zimbabwe. The students had challenged the Oregon Attorney-General’s view that such divestment amounted to a probable violation of fiduciary duty. The court stated that the students ‘do not allege any legally recognized injury, and neither agreement with plaintiffs’ opposition to apartheid nor the desirability of encouraging students to become concerned with social and moral wrongs and to seek to right them can turn the alleged â€Å"injuries† into legally recognized ones.’ The findings in these two cases (as well as other contemporaneous cases) suggest that whether or not non-financial considerations are permissible depends on the specific facts at hand. Surprisingly, there have been no significant recent US legal decisions to shed further light on these questions. Contradictory views about the status of non-financial considerations also appear in US commentary surrounding the issue of non-financial considerations in pension fund investment. The comments to se ction 5 of UPIA, which applies to public pension funds in almost all states, say that no form of so-called ‘social investing’ is consistent with the duty of loyalty if the investment activity entails sacrificing the interests of trust beneficiaries – for example, by accepting below-market returns – in favour of the interests of the persons supposedly benefited by pursuing the particular social cause. The UPIA comment suggests that there can be no trade-off between financial and non-financial gains in pension fund investment strategies. By contrast, the US Department of Labour’s position vis-à  -vis non-financial considerations by private pension funds is less clear. In 1998, the Department stated that fiduciary duties under ERISA do not preclude consideration of collateral benefits, such as those offered by a ‘socially-responsible’ fund, in a fiduciary’s evaluation of a particular investment opportunity. However, the existence of such collateral benefits may be decisive only if the fiduciary determines that the investment offering the collateral benefits is expected to provide an investment return commensurate to alternative investments having similar risks. Then, on 17 October 2008, the Department released two interpretive bulletins that further muddied its stance on non-financial considerations in institutional investment. The first bulletin provides ‘supplemental guidance relating to fiduciary responsibility in considering economically targeted investments’ (‘the ETI bulletin’). The second bulletin provides clarification on ‘the exercise of shareholder rights and written statements of investment policy, including proxy voting policies or guidelines’ (‘the shareholder rights bulletin’). The bulletins are intended to reiterate and clarify the Department of Labor’s ‘longstanding view that workers’ money must be invested and used solely to provide for retirements and not for political, corporate or other purposes’. The ETI bulletin states that ERISA establishes a clear rule that in the course of discharging their duties, fiduciaries may never subordinate the economic interests of the plan to unrelated objectives, and may not select investment on the basis of any factor outside the economic interest of the plan. However, where t wo or more alternative investments ‘are of equal economic value’, fiduciaries are permitted to ‘choose between the investment alternatives on the basis of a factor other than the economic interest of the plan’. The bulletin highlights the Department of Labor’s belief that fiduciaries who rely on non-economic factors to make investment decisions will find it difficult to prove compliance with ERISA ‘absent a written record demonstrating that a contemporaneous economic analysis showed the investment alternatives were of equal value’. The shareholder rights bulletin states that the fiduciary duties described in ERISA require that in voting proxies, regardless of whether the vote is made pursuant to a statement of investment policy, the responsible fiduciary shall consider only those factors that relate to the economic value of the plan’s investment and shall not subordinate the interests of the participants and beneficiaries in their retirement income to unrelated objectives. The shareholder rights bulletin also reinforces that all proxy voting guidelines in statements of investment policy must comply with fiduciary duty. As such, these ‘may not subordinate the economic interests of the plan participants to unrelated objectives.’ While Department of Labour bulletins are only binding upon pension funds that are governed by ERISA and do not affect general trust law, they are nonetheless likely to influence judicial interpretation. Shortly after the publication of the bulletins, the Social Investment Forum, (‘SIF’), wrote an open letter to the Department criticizing inconsistencies and ambiguities in the bulletins’ language. The bulletins appear to have confused, rather than clarified, the US Department of Labor’s views with respect to the inclusion of non-financial factors in decisionmaking. In short, US legal cases, legislation and Department of Labor commentary present pension funds with unclear guidance about their obligations with respect to the consideration of non-financial issues in investment strategy. UK Case Law and Recent Commentary The case that has had the greatest influence, somewhat undeservedly, on the issue of non-financial considerations in pension fund investment decisions in the UK is Cowan v Scargill. In that case, the five Board-appointed trustees of the Mineworkers’ Pension Scheme sued the other five (union-appointed) trustees over their refusal to agree to an investment plan unless it was amended ‘so as to prohibit any increase in overseas investment, to provide for the withdrawal of existing overseas investments at the most opportune time, and to prohibit inv estment in energies which are in direct competition with coal’. The Court found that the union trustees were in breach of their fiduciary duty in refusing to accept the diversified investment plan. Megarry VC held that: When the purpose of the trust is to provide financial benefits for the beneficiaries, as is usually the case, the best interests of the beneficiaries are normally their best financial interests. He went on to explain that trustees must put aside their social, political and moral views when making investment decisions on behalf of the trustees: In considering what investments to make trustees must put on one side their own personal interests and views. Trustees may have strongly held social or political views. They may be firmly opposed to any investment in South Africa or other countries, or they may object to any form of investment in companies concerned with alcohol, tobacco, armaments or many other things. In the conduct of their own affairs, of course, they are free to abstain from making any such investments. Yet under a trust, if investments of this type would be more beneficial to the beneficiaries than other investments, the trustees must not refrain from making the investments by reason of the views that they hold. Pension funds have often cited this case demonstrating that the ‘best interests’ of beneficiaries coincide with their financial interests and that non-financial considerations are likely to breach fiduciary duty. Therefore, the belief that trustees must seek to maximise profit at the expense of all other considerations has held currency with many institutional investors. However, this interpretation has been challenged. A number of commentators, including Megarry VC himself, have argued that the Cowan v Scargill decision has been overly influential and has been interpreted too widely. Writing in an academic paper in 1989, Megarry expressed surprise at amount of attention his decision had received (that was twenty-two years ago, and the decision is still the primary case on the matter). This view was reinforced in Martin v City of Edinburgh District Council, in which Lord Murray said ‘I cannot conceive that trustees have an unqualified duty †¦ simply to invest trust funds in the most profitable investment available.’ Under the Occupational Pension Schemes (Investment) Regulations (2005), a pension fund’s statement of investment principles must detail ‘the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments’. On 7 October 2008, the UK legislature debated whether legislation should go further and establish a general rule that certain non-financial issues could inform pension fund investment decisionmaking. In speaking about a proposed amendment to the Pension Bill, Lord McKenzie stated that ‘there is no reason in law why trustees cannot consider social and moral criteria in addition to their usual criteria of financial returns, security and diversification’. Lord McKenzie went on to say that: It follows from this that it may be appropriate for trustees to engage in these considerations with companies in which they invest. This may include disinvesting from such companies if, acting in accordance with their fiduciary duties and the objects of their trust, they consider that this is right and in the best interests of their members. These comments were not, however, followed by any legislative clarification of the issue in the UK. Indeed, they were intended to demonstrate that no legislative sanctioning of socially driven investing was necessary, with Lord McKenzie going on to say: It would not be appropriate for the Government or Parliament to impose any guidelines that might restrict the trustee’s independence in carrying out its overriding duty to members, although governments have a role in engendering a climate which fosters ethical investment and in ensuring that legislation does not act as a barrier to those who are committed to this. In 2005, the United National Environment Program Finance Initiative (UNEP FI) released a report that examined the issue of institutional investors’ tre atment of ESG factors in investment decision-making. The report surveyed the legal landscape in both common law and civil law jurisdictions and came to the conclusion that: It is not a breach of fiduciary duties per se to have regard to ESG considerations while pursuing the purposes of the trust. Rather, in our opinion, it may be a breach of fiduciary duties to fail to take account of ESG considerations that are relevant and to give them appropriate weight, bearing in mind that some important economic analysts and leading financial institutions are satisfied that a strong link between good ESG performance and good financial performance exists. Despite the sanguine views of UNEP FI, neither recent case law nor legislation has appeared to confirm or deny either their assertions or those of Lord McKenzie. Nor has the US Department of Labor’s recent commentary been tested. With the recent entrance of the Obama administration, it is possible that the commentary will undergo further change before there is an opportunity for it to be tested. Therefore, the legal position with respect to pension funds’ consideration of non-financial factors in investment strategy remains unclear in both the US and the UK. As the law currently stands, the inclusion of the risks and opportunities associated with climate change as a factor in investment decision-making may be perfectly acceptable. On the other hand, it may put pension funds at risk of violating their fiduciary obligations: until legislation or case law clarifies the point, funds will not know. And, until the advent of such a case or of relevant legislation, pension funds will be wary of amending their investment strategies. It is this uncertainty, rather than fiduciary duty itself, that acts as an impediment to the consideration of non-financial factors at present. Next Page – Fiduciary Duty’s Paradox: Incrementally Flexible Previous Page – Fiduciary Duty as a Perceived Barrier to Change