Evidence Based Practice - 4004 Words

In this essay, I am going to consider how evidence-based practice can be used to support, justify, legitimate and/or improve clinical practice. I am also going to explore and discuss primary and secondary research evidences about how nursing interventions can potentially improve the quality of life of patients in the community suffering from heart failure. I will gather these evidences using a literature search which I will include an account of. Using a critiquing framework for support, I will appraise both primary and secondary evidences that I have chosen. I will also look at potential non-evidential factors that can influence evidence utilisation in practice. Finally, a conclusion will be drawn. Evidence-based Practice (EBP) is†¦show more content†¦I did not choose PsychInfo or Social Care Online and several specialist databases as I did not want to get any articles that focus on other perspective other than nursing. I asked the search engine to look for heart failure in the title section of articles and also lifestyle as secondary to it. I also used quotation marks to specifically search for heart failure rather than search each word individually. To further refine my search, I went onto the chronic heart failure filter. Using these search criteria, I was able to pick the primary evidence that fits best to my aims. I used the Cochraine Library to search for my secondary evidence as it is best to look for systematic reviews which is a form of secondary evidences. I used the advance search feature of the database. I performed the search using heart failure with quotation marks in the title section of articles. I also used quality of life and exercise in the abstract of possible articles as keywords. As well as this, I used the search engine’s function to only show results restricted to systematic reviews. Using these search criteria, I successfully chosen my secondary evidence. The primary evidence that I have chosen is a study conducted by Brodie et al (2008) about how a physical activity ‘lifestyle’ intervention based on motivational interviewing, compared to standard care, can improve quality of life for people with chronic heart failure. The authors of this article included an account of itsShow MoreRelatedEvidence Based Practice And Practice1007 Words   |  5 PagesItroduction: Evidence-based practice is an approach to medicine that uses scientific evidence to determine the best practice (Beyea Slattery, 2006). As nurses perform their daily tasks they must continually ask themselves, â€Å"What is the evidence for this intervention?†. Nurses are well positioned to question current nursing practices and use evidence to make care more effective. In order to improve patients’ outcomes it is the responsibility of the nurse to transition evidence-based practice into theRead MoreEvidence Based Practice For Nursing Practice2023 Words   |  9 PagesHeitkemper Bucher (2014), â€Å"Evidence-based practice is a problem-solving approach to clinical decision making. It involves the use of the best available evidence in combination with clinical expertise and patient preferences and values to achieve desired patient outcomes.† Using evidence based practice in nursing is extremely important, because evidence-based practice is the result of others trying a practice one way but needing to change some of the guidelines to make the practice safer and over all betterRead MoreEvidence Based Practice in Nursing1565 Words   |  7 PagesTitle: Evidence Based Practice in Nursing Name Course Tutor April 20th, 2013 Introduction The paper herein provides a critical discussion of evidence based practice (EBP) in nursing. It clearly elaborates on the meaning and definition of EBP as used by nurses as well as the importance of evidence based decision making as it relates to nursing care. It broadly examines the concept of EBP in nursing care and its relevance to nursing practice and to the delivery of quality patient careRead MoreThe Research Evidence Based Practice1174 Words   |  5 Pagesrole in research evidence based practice in nursing care. Transplant nurses should practice transplant nursing that is based on evidence. Institute of medicine reported that by 2020, 90% of clinical decisions should be based on evidence, but today 12% to 14% clinical decisions are only based on evidence. Pravikoff and colleagues surveyed 3000 nurses in United States with a 37% response rate .Fifty-eight percent of responding nurses had never used research to support their practice and 46% had neverRead MoreBarriers to Evide nce-Based Practices588 Words   |  2 PagesEvidence-based practice requires ready access to external evidence that can lead to up-to-date clinical decision making. Meanwhile, libraries have been under growing funding pressure when physiotherapists have been adapting evidence-based practice. Journal subscription prices have increased intensely past ten years in the field of medicine, the average price increase over this period was 304% (Albee Dingley 2000). A lot of library budgets are unable to afford such increases and libraries have hadRead MoreExploring Evidence Based Practice And Practice Essay1638 Words   |  7 PagesTitle Exploring Evidence to Enhance Learning and Practice Assignment details Drawing on a range of evidence discuss how different types of research can be used to support practice. 1500 words  ± 10% Word count 1647 Contents Introduction 2 Quantitative Data 3 Qualitative Data 4 Systematic Reviews 5 Conclusion 7 References 8 Introduction This piece of work will be exploring the different forms of research and their significance in the evidence-based practice. What is researchRead MoreThe Application Of Evidence Based Practice1388 Words   |  6 Pages The application of Evidence Based Practice (EBP) requires doctors, nurses and other healthcare staff to be proficient in conducting quality research of peer reviewed academic literature (Introduction to Evidence-Based Practice, 2016). This process enables them to obtain appropriate and relevant evidence to support medical decisions. For example, to support the medical management of preterm births within the Aboriginal and Torres Strait Islander community (â€Å"Health of Australia s Aboriginal Peoples†Read MoreEvidence Based Practice For Nursing Practice2100 Words   |  9 PagesEvidence-Base practice (EBP) is defined as: â€Å"based on problem identified from the practitioner’s area of practice; a combining of best evidence and professional expertise and an integration of this into current practice; about ensuring patients receive quality care, being part of quality improvement processes; about collaboration and requiring a team approach† (French, 1999). Scott and Mcsherry (2008) supported the French’s assertion, proposing the key elements of EBP are that it is a theory-drivenRead MoreApplication Of Evidence Based Practice1689 Words   |  7 PagesIntroduction Evidence Based Practice (EBP) is the process nurses use to conduct research and find recent and credible evidence to support best practice (McCutcheon, 2009). The process of EBP will be applied to the case study about a nurse who did not use EBP in her nursing process. This is important because providing EBP is a core philosophy in the ANMC competency standards for the registered nurse (The Nursing and Midwifery Board of Australia, 2016). The report will on build assignment one whereRead MoreEvidence Based Practice Essay4468 Words   |  18 PagesThe author’s intention is to identify an aspect of clinical practice which lends itself to change at a micro level. The definition of a micro-change is an intervention of change aimed at the individual or the way small teams work. The micro-level change is not to be confused with a service change (Walsh, 2009). When considering a change in practice we need to firstly understand why we need to make a change? Secondly when making a change, we need to justify a decision. This can be achieved by

The Pursuit Of Happiness Is The Universal Search For A Life

The pursuit of happiness is the universal search for a life an individual can feel content and satisfied with. However, as stated in class, happiness is a fleeting emotion rather than a prolonged state. Once an individual achieves a sense of happiness it is only a matter of time before they return to the starting point of their quest. Therefore, happiness alone is not enough to elicit a good life. On a similar note, in 2004, Professor Martin Seligman gave a TED talk that addressed the current direction of psychology. He believed the extent of psychology had become the ability to â€Å"make miserable people feel less miserable† rather than â€Å"[making] relatively untroubled people happier.† As a result, he and his colleagues developed positive psychology, a branch of psychology that promotes the components of happiness, well-being, and fulfillment to achieve a satisfactory life. The purpose of this project is to learn about your well-being and discover ways to increas e the quality of your life through positive psychology. For the first section of this project, I performed a self-assessment of my well-being using Seligman’s five pillars of positive psychology: Positive emotion, engagement, meaning, relationships, and accomplishment (Grison, Heatherton, Gazzaniga, 2015). I identified the characteristics of each pillar and compared them to similar criteria in my life. This process provided me with an in-depth understanding of my life in relation to the model. Following theShow MoreRelatedHumanities Through the Arts: Artistic Criticism Essay examples1063 Words   |  5 Pagespeople and America’s society focused on self-indulgence and happiness like never before. The Great Gatsby, written by F. Scott Fitzgerald, is the ideal portrayal of this time era. In a time shortly after war, this novel captures the audience, forcing them to participate in the setting and with the characters. Jay Gatsby, the focal point of this novel, is used as a representation of this era in American history and a s an example of the pursuit of the American Dream. Fitzgerald uses vivid diction thatRead MoreDemocracy : A Democratic Society Essay1601 Words   |  7 Pagesparticipate in religious observance, practice, and teaching without fear of persecution. Another right for citizens in a democratic society is the freedom of opinion and expression which gives everyone the right to their own opinion and the right to search for, gather, and convey information and ideas through the media. Freedom of association gives individuals the right to associate with other people without from government interference or intimidation and freedom of movement allows citizens to travelRead MoreAristotle s Contributions Of Western Philosophy1124 Words   |  5 Pageshaving a scale of being. This scale is regarded as a scale of values. Naturally what is placed higher on the scale possesses more value than what lies beneath. The higher an item was on the scale reflected the stage of its development. The presence of life is a determining factor in the placement of items on this scale. The human soul was viewed as nothing but an organization of the human body. Aristotle defined soul as being the perfect expression of the natural body. He saw that there was a close connectionRead MoreOf Mice and Men, American Beauty Essay examples1159 Words   |  5 Pagesduring the Great Depression when people were desperately in search of jobs, food and accommodation. Government propaganda at the time persuaded people that their effort would be rewarded. This became the driving force behind most workers who struggled to put food on the table, believing their hard work would pay off. However, as a survivor of the Great Depression, Steinbeck realised the weaknesses behind the propaganda; that not everything in life goes according to plan and he explores this weakness inRead MoreEssay on Hmos: Making A Killing1045 Words   |  5 Pageshistory of the earth has provided universal health care coverage for all its citizens under a private health care insurance system. The facts stated above are not only embarrassing and frightening; they are simply unacceptable. How our country, which takes great pleasure in calling itself â€Å"The World’s Only Superpower†, is unable to provide health care for all its citizens is unfathomable. The citizens of countries in Western Europe have benefited from universal health care polices for almost 40Read MoreEthics Vs. Kantian Ethics1249 Words   |  5 PagesThroughout history different philosophical ideas and concepts developed in search for answers to universal questions. Beyond answers, philosophers explored schools of thought that would best govern human decision making. Two prominent ethical theories that arose were utilitarianism and deontological ethics. Both ethical theories developed to establish and justify a set of different moral rules and principles. Utilitarianism, otherwise known as consequentialism, is an ethical theory that sees theRead MoreEat Pray Love1592 Words   |  7 Pageslo ve—let’s cross over and start a journey of self-inquiry, self-discovery and self-fulfillment Eat, Pray, Love By Elizabeth Gilbert Penguin Books 2006 334 pp What does it take for a downhearted woman to walk out of the haze and start a brand new life? Elizabeth Gilbert provides us with quite an enthralling solution—that is through the true pleasure of nourishment by eating, the power of prayers in ashrams, and the inner peace and balance from true love. Eat, pray, love is the interior record ofRead MoreIs Health Care a Right or a Privilege? Essay1075 Words   |  5 Pagesrights† is used, most people think of the right to life, liberty, and the pursuit of happiness. This doesn’t necessarily mean that people should be forced to sustain others’ lives, or that they have the responsibility to make others happy because they have a â€Å"right† to pursue happiness. You are born with these basics rights that no one can take away. On the other hand, healthcare is something that is given to you; it costs money and is a basic need of life. We have a right to pursue and acquire healthcareRead MoreF. Scott Fitzgerald s The Great Gatsby1963 Words   |  8 Pagesthe author was a part of, or an experience that he underwent this in turn allows the readers to embrace the author’s ideas with more understanding characters from the novel itself can be linked back to important people or influences in the writer’s life, for example in Fitzgerald’s case Daisy was influenced by his wife most likely can connect back to what the writer was thinking when writing the novel, by knowing that for example Fitzgerald left New York in disgust of society, much like the main characterRead MoreUtilitarian Perspective On Feminism1563 Words   |  7 Pagesbased solely in utilitarian thought. His work focuses on the Greatest Happiness Principle, one that describes happiness as search for â€Å"intended pleasure and the absence of pain† (Mill, 17). This principle explains human existence as the ongoing pursuit of happiness, finding it either in personal experience or in materialistic gratification. Any action itself can be considered right if they are made as a promotion of happiness or pleasure; reversibly they can be considered wrong if they promote unhappiness

Constitutional and Administrative Law

Question: Discuss about the Constitutional and Administrative Law. Answer: Introduction: Pablo owns a house in a suburb region called Pelican Point, which is located at the back of the Sydney Harbor. Pablos next-door neighbor owns a house right onto the cliff located at the back of the Sydney Harbor. The neighbor wanted to construct some stairs down the cliff facing the beach and built a small cottage on the waterfront to enjoy the beach in privacy. He submitted development consent for the same before the Pelican Point council. Pablo being the neighbor and the president of SLAPS an organization safeguarding the penguins, was strictly against the submission as the development shall block his view down to the water and it would affect the colony of little penguins residing in that area. He made a submission on his behalf and on behalf of SLAPS requesting the council to refuse to assent to the development proposal, as it would have an adverse impact upon the environment, species and him. However, the Pelican Council did not consider Pablos consideration by stating the reasons for the same. Judicial Review Judicial review plays a significant role in Australian Government system as it ensures accountability of the public officials and the legitimacy of their actions. Judicial review has been introduced by the Administrative Decisions (Judicial Review) Act, 1977 (ADJR Act) which provides the procedure to be followed in Judicial Review. A party having sufficient interest in the matter in dispute to which the judicial review relates may be involved in the judicial review process (Choper, 2013). Judicial review can seek on the grounds of irrational, illegal, improper procedure and violation of any procedural or substantive legal expectation ((Douglas Head, 2014). The parties involved in a judicial review process are entitled to one or more of the following reliefs or remedies (Cane, 2015). They are: A declaration An injunction Damages Mandatory order Prohibitory order Quashing order However, since judicial review is considered as the last resort, the claims for remedies are often becomes critical as during the judicial review proceedings, the court not only determines the legality of the claim but also determine whether such claim can be granted (Leyland Anthony, 2016). In the given scenario, Pablo and SLAPS can resort to judicial review in order to challenge the decision of the Pelican Point Council and to seek alternate remedy or remedies for the same. The judicial Review process usually includes four stages scope, standing, grounds of review and remedy. If Pablo and SLAPS seek judicial review of the decision held by the Pelican Point Council, he would seek a court order to set the decision aside or to hold back the action of the Pelican Point Council. However, a court usually does not direct any governmental department or agency regarding which course of action is to be followed by such department or agency (Pearce et al., 2015). While determining whether to allow judicial review for the matter, the court shall examine the procedure followed by the pelican point council while making the decisions (Groves, 2014). Firstly, the court shall determine whether the methods adopted by the Pelican council is in consistence with procedural fairness and is based on the principles of natural justice. Secondly, the factors taken into consideration by the Pelican point council while making such decision were in accordance with the relevant statute. Lastly, the while making the decisions, the decision makers were acting within the powers conferred upon them by the legislation (Auburn, Moffett Sharland, 2013). The role of the courts in the judicial review process is to decide whether the decision made by the government agency or department was rightly made (Pritchard, 2015). It does not review or re-make the original decisions on its merits. However, after the judicial review it is possible that the Pelican Council can give the decision but the subsequent decision shall be in strict adherence to the legislation, which is the Environmental Planning Act 2015 (NSW) in the given scenario. The court does not permit any random person to initiate a judicial review of any decision made by the Government relating to any specified administrative decision or action (Barnett, 2014). The person bringing the case before the court for to seek judicial review must have a sufficient or relevant interest in the case (Stewart, 2014). In the given scenario, Pablo and Slaps both have sufficient and relevant interest in the decision taken by the Pelican Point Council regarding the development consent for constructing a cottage near the beach. Pablo, as the neighbor of the applicant has sufficient interest in the case, as the cottage shall block his view of the Sydney Harbor. SLAPS or the Sydneysiders Love Adorable Penguins Society Incorporated was created to prevent any form of developments on the Sydney Harbor, thus protecting the little Penguins colony in that area. Pablo being the president of the SLAPS has a relevant interest in the case as the council has not considered the fact that the development of the cottage in the area shall affect the environment and the penguins as well. Pablo and SLAPS may seek judicial review because the decision made by the Pelican point council is: Irrational- the decision made by the pelican point council is irrational. The purpose of the Environmental Planning Act 2015 (NSW) laid down under section 5 of the Act stipulates that the Act shall encourage proper management and conserve artificial and natural resources including natural areas, forests, water, cities, agricultural land in order to promote economic and social welfare of the society and to maintain a better environment. Whereas, the Pelican Point Council has disregarded the fact that the development of cottage would affect the little Penguins who, if are not allowed to gather on the beach would have to travel further or swim to another place. This may be dangerous as either they may be eaten by in the water or would be tired of they have to travel far. Further, SLAPS claims that if the cottage is built, it might encourage other people to build and the items washed out of the cottage would end up as trash, which would be detrimental for the marine life including the li ttle penguins. Therefore, the decision made by the Council is so unreasonable that no relevant authority would make such decision. Improper Procedure- the decision made by the council was not made in compliance with the Environmental Planning Act 2015 (NSW) and neither the decision is based on the principle of natural justice. The Pelican Point Council has infringed the statutory provisions stipulated under section 5 and 79 C of the Act. The principle of natural justice refers to fair hearing which states that every person has a right to a fair hearing, that is, before deciding a case the decision maker must hear the contentions made by the other side (audi alteram partem) and no one can judge in his own case ( nemo judex in causa sua) (Marume et al., 2016). In the given scenario, SLAPS requests that Pablo must be given an opportunity to show the penguin colony to the Pelican Point Council and to understand the plight of the penguins and inspect their habitat in person. However, the Pelican Point Council did not consider looking or hearing what Pablo had to say regarding the plight of the penguins and their habi tat. They decided to the matter based on the written submissions and rejected SLAPS contention to hear Pablo, thus, infringing the principle of natural justice. Breach of substantive and Procedural legislation- However, Environmental Planning Act 2015 (NSW) itself contains a provision under Section 94 which stipulates that if the consent authority is of the opinion that the development would enhance the demand for public services or facilities within the specified area, the consent authority may allow such development consent submission. Such submission is accepted subject to a condition that the person making such submission makes a monetary contribution. If the procedural legislation itself includes unfair provisions, it cannot be expected from the public authority to exercise fairly (McDonald, 2015). The statute contradicts with its own provisions. On one hand, it stipulates that the objective of the Act is to safeguard the natural resources, animals and the environment under section 5 of the Act. On the other hand, it states under section 94 of the Act that if any development proposal increases the demand for public services or facilitie s, such development proposal shall be granted. Moreover, the Council is also of the opinion that their policy does not consider protection of penguin and a development application cannot be refused merely on that ground. In addition, the council is competent to charge Pablos neighbor development contribution under section 94 of the Act to keep boats from getting close to the cottage. If Pablo and SLAPS claims remedies against the decision made by the Pelican Point Council, the court shall determine the fact whether such claim is justifiable and whether the claim for remedies can be granted. However, if the court is of the opinion that remedies may be granted in the case, then Pablo and SLAPS shall be entitled to one or more of the following reliefs: Quashing order the court may pass a quashing order to nullify the original decision passed by the Pelican point council. Mandatory order- the court may also pass a mandatory order directing the council under review to carry out its legal duties effectively. Injunction- the court may also pass an injunction order to restrain the council and the applicant from developing cottage in the beach area. Reference list Auburn, J., Moffett, J., Sharland, A. (2013).Judicial Review: Principles and Procedure. OUP Oxford. Barnett, H. (2014).Constitutional administrative law. Routledge. Cane, P. (2015). Records, Reasons and Rationality in Judicial Control of Administrative Power: England, the US and Australia.Israel Law Review,48(03), 309-328. Choper, J. H. (2013).Judicial review and the national political process: A functional reconsideration of the role of the Supreme Court. Quid Pro Books. Douglas, R., Head, M. (2014).Douglas and Jones's administrative law. Groves, M. (Ed.). (2014).Modern Administrative Law in Australia: Concepts and Context. Cambridge University Press. Leyland, P., Anthony, G. (2016).Textbook on administrative law. Oxford University Press. Marume, S. B. M., Jubenkanda, R. R., Namusi, C. W., Madziyire, N. C. (2016). The Principles of natural justice in public administration and administrative law. McDonald, L. (2015). Reason, Reasonableness and Intelligible Justification in Judicial Review.Sydney L. Rev.,37, 467. Pearce, D. C., Paterson, M., Zifcak, S. P., Telford, P. (Eds.). (2015).Australian Administrative Law. Pritchard, J. (2015, January). The rise and rise of merits review: Implications for judicial review and for administrative law. InAIAL Forum(No. 79, p. 14). Australian Institute of Administrative Law. Stewart, D. (2014). Statutory authority to contract and the role of judicial review.U. Queensland LJ,33, 43.

Scotch Thistle Essays - Invasive Plant Species, Agricultural Pests

Forage Production Scotch thistle (Onopordum acanthium) also known as cotton thistle or woolly thistle is native of Europe and eastern Asia and is probably an escaped ornamental plant. Scotch thistle stands are dense and practically impenetrable due to the weed's spiny nature and large size. It spreads by seed and generally inhabits moist sites or drainages in dry locations. It was introduced in the 1800s to the United States and it crowds out native species and crops. Scotch thistle is a branched, robust biennial (or sometimes annual) although it can behave as a winter or summer annual or a short-lived perennial under certain situations. Often grows 8 feet or more in height and 6 feet in width. Main stems may be up to 4 inches wide at the base. Stems have vertical rows of prominent, spiny, ribbon-like leaf material or "wings" that extend to the base of the flower heads. Leaves, which are armed with sharp, yellow spines, are up to 2 feet long and 1 foot wide. Upper and lower leaf surfaces are covered with a thick mat of cotton-like or woolly hairs, which give the foliage a gray-green appearance. Plants flower in mid-summer from July to September. The globe-shaped flower heads are borne in groups of 2 or 3 on branch tips. Flower heads are up to 2 inches in diameter, with long, stiff, needle-like bracts at the base. Flowers range in color from dark pink to lavender. Seeds are smooth, slender, and plumed. As a biennial, Scotch thistle typically lives for two growing seasons. Seeds usually germinate in the late fall, but germination can occur at other times, as well. Seedlings that appear in late autumn behave as true biennials, but seedlings produced during late summer or early autumn behave as annuals. During its first year, Scotch thistle produces a rosette with a taproot that may extend down 1 foot or more. Early in the second year, the plant bolts. Plants produce 8,400 to 40,000 seeds. Reports on seed longevity in the soil vary from unknown to up to 20+ years. Seeds are dispersed locally by wind; humans, water, livestock, and wildlife are involved in longer-distance dispersal. Seeds are sensitive to light. While some seeds will germinate in the dark, studies indicate that most germination occurs with alternating light/dark cycles, with 8 hours being the optimal day length Scotch thistle is a wasteland weed that generally inhabits moist sites or drainages in dry locations. If not controlled, it presses into farmland or forms dense canopies in any area overgrazed or not under intense cultivation. It is a major agricultural weed in the western United States. If the soil is moist enough, it has the ability to re-sprout when its roots are cut up during cultivation. In the western U.S., Scotch thistle infests wet meadows and pastures, as well as more arid big sagebrush sites. Scotch thistle is often associated with waste places, as well as rivers, streams, canals, or other waterways. It can also be abundant in dry pastures, fields, and rangeland. In particular, the plant thrives in light, well-drained, and sandy or stony soils. Temperature and moisture, rather than soil nutrient concentrations determine the ecological performance of Onopordum species. It is a major issue in rangeland management in northeastern Oregon, Idaho, and Utah. Scotch thistle can sp read rapidly. For example, it was first found in Utah in 1963. By 1981, it covered approximately 6070 hectares in 17 counties. Eight years later, it had spread to cover more than 22,540 hectares in 22 counties. Small areas can be eradicated by digging. Plants must be cut off below the soil, leaving no leaves attached. Mowing has limited effectiveness for controlling Scotch thistle. It usually only prevents seed production if done either immediately prior to flowering or when plants are just starting to flower. When mowing is conducted too early, it may only delay flowering. However, when plants are cut too late in the flowering process, viable seed may still develop in the capitula following cutting. Because there can be a wide variety in the maturity of plants, a single mowing is unlikely to provide satisfactory control. Establishing and maintaining dense, vigorous, competitive pasture can effectively prevent Scotch thistle establishment. Healthy pasture is

Eminent Domain History, Elements, Usage

Eminent domain is the power of a government to seize private property for public purposes in exchange for payment at fair prices. A variety of property rights such as land and water rights is subject to eminent domain. Eminent domain is an area that seriously challenges the court. This is because many private owners of property  complain  terribly much about this government right. They also  begin  initiating actions against the government.Advertising We will write a custom essay sample on Eminent Domain: History, Elements, Usage specifically for you for only $16.05 $11/page Learn More History of eminent domain This  idea  of eminent domain did not start now. It still existed since biblical times. For example, when King Ahab offered Naboth compensation for his vineyard. In 1789, France was able to recognise private property owner’s compensation for taken property. Acknowledging eminent domain in the Fifth Amendment into the constitutio n occurs after this amendment. Just compensation is a requirement so as to ease financial burdens incurred by the property owners and for the benefit of the public (Bradley 96). Elements of eminent domain For a government to exercise this  power  of eminent domain, it must prove that the four elements  set  in the Fifth Amendment are  present. They include: private property, must be taken, for public use and with just compensation. Private property This element requires the property taken to be private. Private  property  includes land, option, stock, and other items. Taking It refers to taking  physical  property  as well as taking  property  through reducing its  value. The cause for the reduction of the value of property is due to problems like noise, accessibility, and other agents. Some property rights  get  protection  from the constitution. For example, water rights: changing of land from the waterfront to inland property through constructing h ighways, and roads leads to the owner receiving compensation for the loss of waterfront. Reasonable, and  ordinarily  use of space above private land is another  property  that receives constitutional protection. For example, aircraft flights above a privately owned land, that seriously interfere with the property that the owner use results to taking. Compensation only happens if the flights are too  low  and  extremely  frequent  that they directly interfere with the owner’s property and  enjoyment. Publication of plans and laying out  public  improvements like streets and highways are actions by the government that the court do not  consider  taking. Regulation of  property  has not been traditionally recognised by the court as taking. Regulating property leads to restricting its  usage  by the owner and may  violate  him or her rights. The  state  uses police  power  to control use of the private property in order to  imple ment  regulation  of property.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Public use This is the third element. It requires that the property taken to be beneficial to the public rather than individuals. Therefore, the court determines if the property taken was to be used to  benefit  the general public. To determine whether property taken is for  public  use, the court determines whether the largest portion of the property is in use by the public.  Public use, therefore, is an  element  that is up to seeing the  aim  of taking private property; if the property serves the public or specific individuals. Just compensation This element states that the amount of compensation given to  property  damaged should be  acceptable  to both the private owner and to the public. The court emphasises on the right to the  private  owner eminent domain proceedings. In this case, the owner does not  initiate  the action; it brought to her or him since the public is the one that requires  land  for use (Epstein 267). The proceedings become a burden to the owner. Fair market value is the  measure  of  damage  of the property taken for public use. Assessing of the value of real property is according to how  significant  it will  be  to the public. Elements to consider are history of an area, adaptability of the land for future constructions, and the intended use of the property or land. Measuring the amount of compensation should be  corresponding  to the owner’s  loss  rather than the condemner’s  gain. Also, the owner’s compensation should be equal to his/her financial  status  before the taking of  property  took place. Condemnation proceedings The government or the state initiates them to  commit  private property to public. The procedure of  condemnation  has two stages: the one relating to the acquisition of property, and relating to fixation of compensation for the property owner. The state requires special procedures for some cases like when constructing a highway, property taken for a street, a canal, or a waterway. The aim of condemnation proceedings is to protect the rights of landowners. It ensures that compensation occurs adequately. Once  proceedings  start, it is the  duty  of the landowner to prove that he had a right to compensation. People  believe  condemnation proceedings as an adversary although the court gives a  view  that they are not. It states that it is just a mere act of filling the  action  to confer possession by the state.  Further condemnation proceedings  are considered  administrative  when the  executive  body conducts it. Works Cited Bradley, Amanda A.  Eminent domain. Eau Claire, WI: Lorman Education Services, 2007. Print. Epstein, Richard Allen.  Takings: private property and the powe r of eminent domain. Cambridge, Mass: Harvard University Press, 1985. PrintAdvertising We will write a custom essay sample on Eminent Domain: History, Elements, Usage specifically for you for only $16.05 $11/page Learn More This essay on Eminent Domain: History, Elements, Usage was written and submitted by user Hobgoblin to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

The eNotes Blog To Teach a Mockingbird LetsDiscuss

To Teach a Mockingbird LetsDiscuss A school district in Biloxi, Mississippi, recently made waves when it decided to pull Harper Lee’s To Kill a Mockingbird from required reading in its school. The reason? The language made students â€Å"uncomfortable.† Banning books has long been a problem in the United States  and one that (justifiably) infuriates the general public. If we are a country founded on freedom and, therefore, free speech, censoring books in the public school system is one of the most defiant actions against the Bill of Rights. Yes, books may contain ideas or introduce lifestyles that make us uncomfortable, but it is the right and even the responsibility of each student to make their own assumptions and opinions. By banning books, we are simply taking away knowledge that enhances and expands student perspectives- the exact opposite of what education should be. Teachers also play a large role when teaching To Kill a Mockingbird and discussing powerful topics. Controversial books generally deal with thematic content that can be difficult to teach appropriately. To Kill a Mockingbird has, for years, been a springboard for discussion on racism, a topic that can be difficult to bring up in classrooms. Unfortunately, there may be detrimental effects when a teacher overlooks certain aspects of the novel. For example, what are the full implications of Lee’s artistic choices when developing her characters of color? Take Calpurnia: when students view her through Scout’s eyes, what potential lessons could students internalize about the role of black women? Banning books is not the answer, but perhaps the school district in Biloxi was onto something, just not for the right reasons- districts can select only a few number of works they choose to teach a year, and  To Kill a Mockingbird has traditionally been on the syllabus for decades. Perhaps there should be room for more recent works that touch on the same topics in a different approach. Conversely, it has remained on the syllabus for extremely valid reasons, as it pushes students to expand their perspectives. All of this leads to a pivotal question: should we continue to teach To Kill a Mockingbird in high schools? Let’s explore both sides. No, We Should Not Teach To Kill a Mockingbird: I first read To Kill a Mockingbird in eighth grade, and it’s a novel I still hold dear to my heart because of the classroom discussions that left a lasting impact on me. I remember learning about lynchings and about the United States’s ugly past; I became more aware of the world I lived in and how the US treats black people and how history influences where we are today. These are huge, important lessons that I believe need to be taught in school. To Kill a Mockingbird was an effective way to do that. However, I recently realized who this book is intended for: white people. My school was primarily white and in my English class, specifically, we had no black students. I didn’t even think about the implications of what being a black student and learning about race from a very white perspective would be like. As author Alice Randall  points out, â€Å"the black child who has been verbally abused by being called a ‘nigger’ in the schoolyard could be more hurt hearing that word taught in the classroom† To Kill a Mockingbird is regularly taught to readers at a young-ish age. While eighth graders and high schoolers are typically able to possess the reading comprehension to understand it, they may not be in the position to fully understand it. It may be more appropriate for adults, with its thematic content and nuanced subject matter, but six-year-old Scout’s point of view misleads many to believe that it is targeted at a younger audience. To Kill a Mockingbird can be taught to be more than just teaching empathy or understanding that the â€Å"n-word is bad.† To Kill a Mockingbird can be used as a perfect example of what white saviorism is, of understanding that Atticus is just as flawed as the rest of us, and that there is so much more to racism than just individuals who hold racist beliefs- it’s an entire system. The issue here is that it’s not always taught through this lens. Atticus Finch is often thought of as a beacon of morality, and his teachings on empathy have been used by children and parents alike. However, his character is more complicated than this. Written from Scout’s young perspective, it’s easy to see Atticus through her eyes, as a hero. If we look at him from a more critical lens, Atticus emerges as a white savior. In media, white saviorism is when the story focuses on a white character who acts to help a non-white character. Unfortunately, the non-white character is reduced to a prop while the white character is glorified. One could argue that Atticus shouldn’t be taught as a civil rights hero (as he so often is) since he only worked with the system, not against it. Malcolm Gladwell, in his article for The New Yorker, writes that â€Å"Finch will stand up to racists. He’ll use his moral authority to shame them into silenceWhat he will not do is look at the problem of racism outside the immediate context of Mr. Cunningham, Mr. Levy, and the island community of Maycomb, Alabama.† Furthermore, To Kill a Mockingbird focuses on Atticus and his attempt to â€Å"save† Tom Robinson but provides no insight into Tom Robinson’s perspective. In fact, To Kill a Mockingbird completely ignores the perspectives and viewpoints of any black characters. When Robinson is lynched, we do not have to deal with the devastating effects of the lynching (what happens to his family, etc.); instead, we get to safely lie in bed with Scout and have Atticus read to us as we happily end the novel. If we want to use literature to begin the discussion on racism in the US, perhaps we should turn towards works written by people of color, for people of color, about people of color. To Kill a Mockingbird does the opposite, focusing on Atticus and his relationship to Tom Robinson and his attempts to â€Å"save† him in an unjust society. I could go on about how Atticus compares himself to a Klan member, how he does little to confront the overt racists in Maycomb, and how he fails to practice empathy himself. He’s a complex character who possesses numerous nuances that are often overlooked when teaching the novel. His faults can lead to important discourse- discourse that we need in our society right now because so many of us fall into the trap of the â€Å"accommodation† mindset rather than â€Å"reformation† one to the systemic injustices in our society. This requires highly qualified teachers and ones who understand the complexities of the novel and how to teach it appropriately, a tall order for all schools in the nation that end up teaching To Kill a Mockingbird. To Kill a Mockingbird is a work of literary genius- do not get me wrong. But, what makes it such an everlasting piece of work are its often overlooked complexities when teaching it to our students. This can be harmful and especially problematic because there is so much more to the book than just a feel-good, coming-of-age novel. When it becomes misconstrued as just that, we lose sight of the more important ideas of the novel: race in the US- the very thing we use to defend To Kill a Mockingbird in the first place. Yes, We Should Teach To Kill a Mockingbird: We should teach To Kill a Mockingbird because students are neither too inexperienced nor too young to learn and understand deeper issues. It may require more effort to effectively teach this novel, but it undoubtedly pays off. Education is about pushing limits, making things uncomfortable, and forcing us to face the reality we live in. What good does it do to shield students away from things that could potentially make them uncomfortable? To Kill a Mockingbird forces us to confront things we may not necessarily want to confront. Racism, whether subtle or overt, still exists and by banning it, or not teaching it, only causes a disservice to students. This book is unparalleled in its emotional effects; it’s often the first novel  that students are introduced to them that really makes them feel, both enlightened but also inspired. Shouldn’t that count for something? And, sometimes those feelings also include discomfort which should not be a reason to toss it, but instead a reason to teach it. Leonard Pitts Jr., columnist, stated  that â€Å"some of those discomfited by Lees book are African American. It makes no difference. In literature, as in protest, the audiences discomfort is often a sign the message is being received. It can offer an invaluable opportunity to consider, reconsider, debate, teach, learn, reflect, and grow.† Lee’s timeless classic can be read at varying points in our lives, and while it may not be geared towards children, it should be introduced in schools at some point. That first introduction can be the beginning of larger discourse and hopefully an extended journey with understanding the book and all of its complexities. If perhaps the first time we read it and the concept of white saviorism or Atticus’s failure to practice empathy usually goes over our heads, we are still left with other important elements of the novel. As with many literary classics, we gain more from reading them after we’ve gained more life experience. It would be impossible to expect a teacher to cover every single lesson a book can provide. That’s why we have literature classes and why we teach books written hundreds of years ago- there’s always more to learn from a book and that should not be a reason to rule it out in the classroom. Furthermore, To Kill a Mockingbird is thought-provoking and stimulating to many students- qualities that can get students excited to actually read it. We are immediately pulled in by Scout’s voice and the riveting plot of Tom Robinson’s trial. It explores issues of morality, identity, and growing up, which are themes all children face today. And, yes, it explores racism, which is certainly something children need to begin to understand and discuss. To Kill a Mockingbird may have the potential to be problematic under certain circumstances, but ultimately it is a coming-of-age book that enlarges students’ perspectives while also providing hope, which is much needed in our society today. What do you think? Should we continue to teach To Kill a Mockingbird in high schools? Why or why not? Let us know in the comments! Featured image via hollywoodreporter.com.

Condition of women in the period between the American Revolution and Essay

Condition of women in the period between the American Revolution and the Civil War - Essay Example The first quote I chose is one that was given to Lucy by her soon to be husband, Henry Blackwell. She had voiced concerns over the marriage to which he responded, "I wish, as a husband, to renounce all the privileges which the law confers upon me, which are not strictly mutual. Surely such a marriage will not degrade you, dearest" (Lewis, 1999). This quote deals with the marriage laws that were in place during the mid 1800's when Lucy and Henry were married. The laws took all the rights, property and identity away from the woman and gave them to the man. They released a statement mutually protesting the laws that essentially robbed woman of their selfhood by stating, "The legal existence of the wife is suspended during marriage" (Lewis, 1999). They would not agree to any law that did not afford mutual benefits and power. Looking at the marriage laws of their time it is easy to see how things have changed. In virtually every civil and religious marriage ceremony performed today, unless the couple have written their own vows, the vows exchanged are identical. That was not the case at the time that Lucy Stone was married. Had she agreed to said laws, she would have lost any rights she had as an individual, and would essentially be the property of her husband.