Thursday, October 31, 2019

The Rise of Al-Qaeda Research Paper Example | Topics and Well Written Essays - 2500 words

The Rise of Al-Qaeda - Research Paper Example Al-Qaeda provides no economic blueprint, no political horizon and no vision for future2. Whilst millions of the existing Arabs require indisputable elections and the disjointing of powers, al-Qaeda considers elections and democracy unorthodoxy and corresponding evil principle. Its leaders have eschewed political contribution and activism thus preaching and asserting that only aggression and intimidation will offer political change.Constitutinalism and the numerous Islamism has utter refusal of al-Qaeda’s ideology. The Arab revolutions are considered as the post-Islamist that is while religion based activists which encompass the Muslim Brotherhood coupled with independent Islamists designate significant section of the demonstrators that are dwarfed by the underlying centrist, autonomists, non-affliated activists order and liberals that are different from the al-Qaeda and thus ought to be become one amongst numerous competing forces3. Thus, the revolutions have reinforced what n umerous of the people have known that is the ala-Qaeda’s core ideology is incompatible with the universal aspirations of the Arabs. Arabs and Muslim admire America and the West democratic institutions, including free elections, peaceful transition of leadership and separation of powers. Johnsen, Gregory D. The Last Refuge: Yemen, Al-Qaeda, and the Battle for Arabia. London: ONEWORLD PUBLICATIONS, 2013. â€Å"P.206† The death of Rabi’i opened the way for Nasir al-Wihayshi to take over full control of rebuilding al-Qaeda. Throughout the winter, bin Laden’s former secretary put his individual stamp on the group, making it more methodical and patient, utilizing the blueprint they saw bin Laden as perfect in Afghanistan. Nasir al-Wihayshi knew what had taken place within Yemen the first duration and he had to seen the underlying within Iraq and Saudi Arabia4. Moving within the giant arc,Wihayshi operated his means east out of Sanaa towards the deserts of Marib and then north into the wastelands of al-Jawf prior turning back south for the mountains of Sabwa and Abyan where he had been born. He later recruited locally attracting men the similar mean he had within prison. Though he had been away from Yemen for nearly a decade, he later construed how the community functioned, and the significance of tribal and clan ties. Along with Qasim al-Raymi, Wihayshi laid the groundwork for a durable organization, appointing local amirs or commaders, who would direct al-Qaeda within their home districts. The two Aghan veterans prioritized main tribes and prominent families. Wihayshi wanted his prevailing men to be tied by blood and tribe to the power structure in their area. This was his insurance against the pressure that would inevitably come. Al-Qaeda is the biggest menace to the security of the United States of America. Al-Qaeda is an global terrorist network that was initially established by Osama Bin Laden within the 1980s. The network of al-Qaed a mainly strives to free Muslim states from the underlying nonreligious authority of the west and thus re-establish their prevailing administrations with fundamentalist Islamic system5.Al-Qaeda was responsible for terrorists attack on the renowned World Trade Center and the corresponding Pentagon. Subsequent to the attack United States led war

Tuesday, October 29, 2019

Pharmaceutical microbiology Essay Example | Topics and Well Written Essays - 1000 words

Pharmaceutical microbiology - Essay Example Development and maintenance of a sterile compounding are complete with sterilized equipment and supplies. Aseptic technique is a means of manipulating sterile products without contaminating them. Proper use of a LAH and strict aseptic technique are the most important factors in preventing the contamination of sterile products Contamination is a basic in introduction of antibiotic resulting into need for aseptic techniques .the techniques is designed to prevent access of the drug by the unnecessary substances and this is a risk associated with contamination which may include; The air, air that is not sterilize may contain bacteria e.g. micrococci, bacillus and clostridium. And these are pathogenic and may access the drug during production; the staff involved may also risk the drug by introducing bacteria especially which may eject droplets into the air compromising the properties of the drug. The skin may be contaminated especially most of the hand s by handling non sterilize product which are not sterilize and machines and these may then transfer the pathogen to the drug during preparation risking its purity. The clothing used during aseptic preparation should be sterilized less they risk the status of the products they produce, before starting the production, the laundry should be done to eliminate the dust that may be carried into the preparation room and the sleeve should be rolled above the elbow so that they do not pick any foreign bodies from surfaces which are not clean. Before taking any procedure in preparation in the production room through aseptic, the surfaces of the working benches should be sterilized using a bactericidal solution to minimize the risk that the drug may be exposed to. Sealing reduces the risk of the drug to contamination, used of fused ampules is much preferred which are the sterilized after sealing ,the product is then expected to remain

Sunday, October 27, 2019

The House of Lords decision in Bolitho (Bolitho

The House of Lords decision in Bolitho (Bolitho The House of Lords decision in Bolitho (Bolitho v City and Hackney HA [1998] AC 232) is a belated and welcome departure from judicial deference to medical opinion but there is still too much deference and more has to be done. Critically comment on the above statement. In any negligence claim, in order to succeed the claimant must show that he was owed a duty of care by the defendant, that the duty of care was breached, and that the breach of duty caused the damage complained of.[1] Kennedy and Grubb comment that the duty of care arises ‘from a request for medical services by an individual and a consequent undertaking by a doctor [or other health care professional] to provide these services.[2] Margaret Brazier has observed: ‘[a] patient claiming against his doctor †¦ usually has little difficulty in establishing that the defendant owes him a duty of care’.[3] The second stage of a clinical negligence action is to show that the doctor has breached his standard of care. In any negligence claim, the standard of care is set by law and is an objective standard.[4] Words such as reasonable or responsible are normally attributed to such a standard. Such adjectives are not normally equated with a practice that is ‘common’ or ‘accepted’. With respect to medical negligence claims however, the law has not taken such a view. The case of Bolam v Friern Hospital Management Committee[5] has established that ‘a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art’. The Bolam case was a decision at first instance, but was later approved by the House of Lords in Whitehouse v Jordan.[6] The courts have continuously taken a protectionist view of the medical profession in clinical negligence claims. Jackson acknowledges that this could be due to the complexity of medical evidence, but it could also be explained by a sense of professional solidarity.[7] The medical profession has been highly regarded in society, and the courts have also expressed their respect. In Wilsher v Essex AHA,[8] Mustill LJ comments: â€Å"For all we know, [The doctors in this case] far surpassed on numerous occasions the standard of reasonable care. Yet it is said that for one lapse they (and not just their employers) are to be held liable in damages. Nobody could criticise the mother for doing her best to secure her son’s financial future. But has not the law taken a wrong turning if an action of this kind is to succeed?† It is interesting to note the difference in policy in cases involving medical professionals. In other negligence cases, the courts have commented that the function of the law of negligence (and the law of torts in general), is to compensate injured parties for loss. The judiciary have had no moral objections to awarding damages in cases where they can apply the ‘deepest pocket’ principle. Thus, in Nettleship v Weston,[9] Lord Denning had no problems in asserting that a learner driver would be held to the same standard of a competent driver (competent would be ascertained on an objective basis by the court), as the driver would be insured and thus, the law will award damages from the deepest pocket. Yet, there has been considerable hesitation in holding doctors negligent for public policy reasons, despite the fact that doctors will be also be insured. Furthermore, doctors working in the NHS will generally not be personally held accountable for the negligence – the action is brought against the Trust vicariously and NHS Trusts in England and Wales are part of an ‘insurance like’ scheme, the Clinical Negligence Scheme for Trusts (CNST) administered by the NHS Litigation Authority. The Bolam principle may be formulated as a rule that a doctor is not negligent if he acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion even though other doctors may adopt a different practice. ‘In short, the law imposes the duty of care; but the standard of care is a matter of medical judgment.’[10] In Maynard v West Midlands RHA,[11] Lord Scarman seemed to favour an approach that a doctor will not be negligent if there are other reasonably held approaches that are the same as the defendant doctor’s approach: â€Å"I have to say that a judge’s ‘preference’ for one body of distinguished professional opinion to another also professionally distinguished is not sufficient to establish negligence in a practitioner whose actions have received the seal of approval of those whose opinions, truthfully expressed, honestly held, were not preferred †¦ For in the realm of diagnosis and treatment negligence is not established by preferring one respectable body of professional opinion to another.† The pure Bolam approach is the subject of scathing academic criticism. Kennedy and Grubb comment: â€Å"It may seem curious that the law would defer to the medical profession in setting the content of the duty in negligence.†[12] Despite the deference to the medical profession in the courts, there have been some exceptions and one example is the case of Hucks v Cole.[13] The case involved a pregnant woman with a septic finger whose doctor failed to prescribe her penicillin. The patient suffered puerperal fever as a result and a number of witnesses gave evidence stating that they would not have prescribed penicillin in the same situation. However, the Court of Appeal held that even if there are relatively small risks involved, the fact that it would have been easy to avoid such risks so easily and inexpensively, is clearly not reasonable. Sachs LJ comments: â€Å"On such occasions the fact that other practitioners would have done the same thing as the defendant practitioner is a very weighty matter to be put on the scales on his behalf; but it is not †¦ conclusive. †¦ Despite the fact that the risk could have been avoided by adopting a course that was easy, efficient and inexpensive, and which would have entailed only minimal chances of disadvantages to the patient, the evidence of the four defence experts to the effect that they and other responsible members of the medical profession would have taken the same risk in the same circumstances has naturally caused me to hesitate †¦ The reasons given by the four experts do not to my mind stand up to analysis †¦Ã¢â‚¬  The approach taken in Hucks v Cole was also adopted by the House of Lords in Bolitho v City and Hackney HA,[14] in which the traditional Bolam approach was departed from. Lord Browne-Wilkinson comments: â€Å"In the vast majority of cases the fact that distinguished experts in the field are of a particular opinion will demonstrate the reasonableness of that opinion. In particular, where there are questions of assessment of the relative risks and benefits of adopting a particular medical practice, a reasonable view necessarily presupposes that the relative risks and benefits have been weighed by the experts in forming their opinions. But if, in a rare case, it can be demonstrated that the professional opinion is not capable of withstanding logical analysis, the judge is entitled to hold that the body of opinion is not reasonable or responsible.† The relevance of the Bolitho decision was initially regarded as a major shift from the pure Bolam approach. Following the decision, Kennedy and Grubb comment that ‘the law has been put back on its proper course’.[15] Lord Browne-Wilkinson was suggesting that medical approach must be defensible and capable of withstanding logical analysis. However, he qualified this by stating that this would only occur in ‘rare’ cases. Hucks v Cole was certainly one of those rare cases, but it is arguable whether there has been a significant shift in approach by the courts. In Wisniewski v Central Manchester Health Authority,[16] the defendant did not follow a procedure that would have detected that a baby’s umbilical cord was wrapped around his neck during birth and the medical opinion differed over the reasonableness of such. Brooke LJ comments that: â€Å"Hucks v Cole itself was unquestionably one of the rare cases which Lord Browne-Wilkinson had in mind †¦ In my judgment the present case falls unquestionably on the other side of the line, and it is quite impossible for a court to hold that the views sincerely held by [the experts supporting the actions of the defendant] cannot logically be supported at all †¦ the views expressed by [those experts] were views which could be logically supported and held by responsible doctors.† There have been a small number of ‘rare’ cases where the courts have gone as far as questioning the logic and defensibility of medical authority. The case of Reynolds v North Tyneside Health Authority,[17] is one such example. Thus, Gross J comments that it is one of those ‘rare cases where the Court could and should conclude that such body of opinion was unreasonable, irresponsible, illogical and indefensible.’ Similarly, in Marriott v West Midlands RHA,[18] the Court of Appeal stated that the expert evidence given by the witnesses defending the doctor’s conduct could not be logically supported. The Court of Appeal also affirmed that the trial judge was entitled to question whether an opinion was reasonably held and Mason and Laurie comment that ‘[o]n the face of things, then, Marriott moves the Bolitho test from one of logic to one of reasonableness, which is much more akin to the reasoning applied in other, non-medical standard of care decisi ons.’[19] The approach taken by the courts post Bolitho seems to suggest that the courts are only prepared to examine the credibility of witnesses and not the content of their evidence. So long as the evidence given is ‘truthfully held’ and ‘honestly expressed’ then the court is reluctant to question the evidence.[20] Furthermore, there have been a number of post-Bolitho decisions and it seems as though there is still a constant reluctance to question medical experts, and if there has been any departure from the traditional Bolam approach, this certainly seems to have been on the basis of the credibility of expert witnesses, and not on the reasonableness of their opinion. Thus, the subsequent case law suggests a somewhat restrictive approach on the modification of the Bolam principle in its new Bolitho interpretation.[21] Writing extra judicially, Lord Woolf comments that there have been a number of reasons for a shift away from the traditional approach in Bolam.[22] The courts apparently now have a less deferential approach to those in authority.[23] The courts have also apparently recognised the difficulties that genuine claimants have in successfully bringing a clinical negligence claim. At the same time, there has been a raise in the number of clinical negligence claims in England and Wales over the last number of years.[24] Furthermore, with an increasing awareness of patient rights, an increasing loss of faith in the public health service following various health ‘scandals’ such as Bristol and Alder Hey, a judicial deference to the medical profession certainly has its days numbered. Also, as Woolf acknowledges, ‘our courts were aware that courts at the highest level of other Commonwealth jurisdictions, particularly Canada and Australia, were rejecting the approach of the Engli sh Courts. They were subjecting the actions of the medical profession to a closer scrutiny that the English Courts †¦Ã¢â‚¬â„¢[25] Other commentators have also noted the way in which lawyers approach the issue of using expert witnesses. Teff comments: â€Å"Reassertion at the highest level of the court’s role in scrutinizing professional practice is welcome, not least because of current concerns about the dynamics of providing expert evidence for the purposes of adversarial litigation. Some law firms’ choice of experts is apt to depend too much on perceived presentational skills and acuity in advancing the client’s case, and too little on detached expertise†¦ †¦ One prominent medicolegal authority has bluntly declared that ‘Bolam will only work fairly if the use of hired hands as defence medical experts is eliminated. It would then be possible to talk of a responsible body of medical opinion’.†[26] Teff has thus outlined some of the practices that demonstrate how the Bolam principle is deferential in practice. Lawyers tend to look for an expert who will make their case stronger, and a survey of 500 expert witnesses revealed that about a quarter noted comments that in some instances, witnesses were requested to change comments that were alteration of their opinions.[27] The problems associated with the Bolam test have not only presented themselves in clinical negligence cases. The traditional Bolam approach was also questioned under the scope of ‘informed consent’ cases, which involve a claim of negligence for failing to warn of risks inherent in treatment. The leading case on the issue of disclosure of risks in treatment is Sidaway v Board of Governors of the Bethlem Royal Hospital.[28] Discussion of the Bolam test was present in practically all of the judgments delivered. Lord Bridge asserted that the law should reject the ‘reasonable patient’ test and follow a modified version of the Bolam test. Accordingly, disclosure of information is ‘primarily a matter of clinical judgment’, but this does not mean that the profession is entitled to set its own standard in such cases. Thus, a judge would be entitled to hold that a clinician should have disclosed a risk where there was a procedure that involved a ‘substantial risk of grave adverse consequences’, giving the example of a 10 per cent risk of stroke as substantial, but a 1 or 2 per cent risk of spinal cord damage was not substantial. Similarly, Lord Templeman also suggested that a modified Bolam approach should be taken. Subsequent interpretation of the Sidaway case has not been straightforward. The reasoning of the judges in the case is far from consistent, and furthermore, according to Lord Browne-Wilkinson, the modified test put forward to Bolitho did not apply to such cases. The Court of Appeal in Gold v Haringey HA,[29] merely referred to the judgment of Lord Diplock and therefore applying the Bolam principle in its purest form, an approach not generally followed by the House of Lords in Sidaway. The Australian High Court on the other hand decided the issue differently in the case of Rogers v Whitaker.[30] In that case, the shortcomings of the Bolam test were identified by the High Court: â€Å"One consequence of the application of the Bolam principle to cases involving the provision of advice or information is that, even if a patient asks a direct question about the possible risks or complications, the making of that inquiry would logically be of little or no significance; medical opinion determines whether the risk should or should not be disclosed and the express desire of a particular patient for information or advice does not alter that opinion or the legal significance of that opinion. The fact that the various majority opinions in Sidaway †¦ for example, suggest that, over and above the opinion of a respectable body of medical practitioners, the questions of a patient should truthfully be answered (subject to the therapeutic privilege) indicates a shortcoming in the Bolam approach.† The Australian High Court specifically chose not to follow the Bolam test in information disclosure cases, commenting: â€Å"In Australia, it has been accepted that the standard of care to be observed by a person with some special skill or competence is that of the ordinary skilled person exercising and professing to have that special skill †¦ But, that standard is not determined solely or even primarily by reference to the practice followed or supported by a responsible body of opinion in the relevant profession or trade †¦ Even in the sphere of diagnosis and treatment, the heartland of the skilled medical practitioner, the Bolam principle has not always been applied †¦ Further, and more importantly, particularly in the field of non-disclosure of risk and the provision of advice and information, the Bolam principle has been discarded and, instead, the courts have adopted the principle that, while evidence of acceptable medical practice is a useful guide for the courts, it is for the courts to adjudicate on what is the appropriate standard of care after giving weight to the paramount consideration that a person is entitled to make his own decisions about his life.† The comments made by Lord Woolf[31] in his paper are clearly justified when examining the decision in Rogers v Whittaker. Commonwealth decisions have been far more willing to examine and scrutinize medical evidence and it may not always be a question of what is more preferential for the judge to follow, but it is instead what the judge feels is reasonable. This does not involve the judge merely accepting that two courses of treatment may have both been reasonable in the circumstances in the opinion of medical experts. The judge’s actual role is to establish the reasonableness of each on the basis of the evidence presented to him and that does not necessarily mean that both have to be right. Mason and Laurie comment: â€Å"[W]hile the courts are increasingly determined to see that the Bolam principle is not extended [into areas such as judging ‘best interests’], they still have an innate reluctance to abandon it in respect of medical opinion; there is a sense that Bolitho, although welcome, is being used mainly in a ‘back-up’ position. What is certain is that Bolam can no longer be regarded as impregnable.† Thus, on the basis of the above comment, the post-Bolitho meaning of Bolam is that it is merely a back up for when the case faced by the court suits a change in approach. Furthermore, while the courts have been apparently reluctant to extending the Bolam principle into the best interests test,[32] the principle has already been incorporated into the concept of best interests. Airedale NHS Trust v Bland[33] required an analysis of what was in the best interests of a patient in a persistent vegetative state, who was being kept alive by artificial nutrition and hydration. In an analysis of whether such nutrition and hydration should be withdrawn (resulting in the death of the patient), the Law Lords turned to analyse the patient’s best interests. The treatment was apparently not in the patient’s best interests. This was because it was regarded as futile. In Lord Goff’s words[34], ‘the patient is unconscious and there is no prospect of any improvement in his condition’. In deciding whether the treatment was futile, the doctor had to act in accordance with a responsible body of medical opinion. More precisely the doctor had to satisfy the Bolam test. It is difficult to comprehend how it is relevant in deciding what is in the best interests of a patient –conflicting views of doctors will always be Bolam reasonable as long as one other doctor supports that view. In conclusion, the courts have established a completely different system of establishing the standard of care for medical professionals to that of other professionals. The Bolam approach has traditionally been interpreted as a principle that a doctor will not be negligent if other professional opinion holds his actions as reasonable, even if that opinion is a minority. The courts have been deferential to the profession, and the apparent move away from such approach in Bolitho is a disappointment of this deference. Lord Browne-Wilkinson’s words were read quite literally, the emphasis being placed upon the words, ‘but if in a rare case’ – the courts have only questioned ‘reasonable and responsible’ medical opinion in a very small amount of cases and it seems as though the Bolitho approach is, as Mason and Laurie commented, a mere ‘back up’ if the judge wishes to find for the claimant. Whilst the courts have slowly begun to depart fro m the traditional approach, more needs to be done before there is any comparison with the approach of other Commonwealth jurisdictions, such as Australia. Furthermore, the courts should be more clear in their reasoning, as it is also important to be able to ascertain objectively how cases should be decided on grounds of precedent. The majority of clinical negligence claims that are commenced, are settled by the NHS Litigation Authority before they even reach court and would it not be more economic for the NHS to be able to ascertain with greater certainty when a doctor has been negligent? Finally, the decision in Bolitho is far from a departure of judicial deference to the medical profession, it is a mere spin on the language originally used in Bolam. The courts now have ground to make in establishing a more fair, predictable and objective approach in line with other negligence actions. Bibliography Brazier, M. ‘Medicine, Patients and the Law’ (2003, 3rd edn) Penguin Books, London Davies, M. ‘Textbook on Medical Law’ (2001, 2nd edn) Blackstone Press, London Jaskson, E., ‘Medical Law – Text, Cases and Materials’ (2006) Oxford University Press, Oxford Kennedy, I. Grubb, A. ‘Medical Law’ (2000, 3rd edn) Butterworths, London Mason, JK et al, ‘Law and Medical Ethics’ (2002, 6th edn) Butterworths, London Montgomery, J. ‘Health Care Law’ (2003, 2nd edn) Oxford University Press, Oxford National Audit Office, Handling Clinical Negligence Claims in England, 2001 Singer, P., ‘Rethinking Life and Death: The Collapse of our Traditional Ethics’ (OUP Oxford 1994) Journal Articles Brazier, M., Miola, J., ‘Bye-Bye Bolam: A Medical Litigation Revolution?’ (2000) 8 Med L Rev 85 Keown, J., ‘Reining In the Bolam Test’ (1998) 57 CLJ 248 Teff, H., ‘The Standard of Care in Medical Negligence – Moving on from Bolam?’ (1998) 19 Oxford Journal of Legal Studies 473-84 Woolf, Lord., ‘Are the Courts Excessively Deferential to the Medical Profession?’ (2001) 9 Medical Law Review 1-16. 1 Footnotes [1] The establishment of negligence is a common law creation – see Donoghue v Stevenson [1932] All ER Rep 1 [2] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 278 [3] Medicine, Patients and the Law, (3rd Edn, 2003) at pp 141 [4] See for example, Nettleship v. Weston [1971] 2 QB 691 [5][1957] 2 All ER 118 [6] (1981) unreported, and Maynard v. West Midlands Regional Health Authority [1985] 1 All ER 635 [7] Jackson, E., ‘Medical Law – Text, Cases and Materials’, (2006, OUP), Oxford at page 123 [8] [1987] 1 QB 730 [9] above, n 4. [10] Lord Scarman in Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] 1 All ER 643 [11] [1985] 1 All ER 635 [12] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 418 [13] [1993] 4 Med LR 393. Despite the fact that the case was reported in 1994, the decision was actually made in 1960 [14] [1997] 4 All ER 771 [15] Kennedy and Grubb, ‘Medical Law’ (3rd edn, 2000) at pp 445 [16] [1998] Lloyd’s Rep Med 223 CA [17] Unreported, 30 May 2002 [18] [1999] Lloyds Rep Med 23 [19] Mason, J.K., Laurie, G.T., ‘Mason McCall Smith’s Law and Medical Ethics’, (2006, 7th Edn) Oxford University Press, Oxford. [20] See for example, De Freitas v O’Brien [1995] 6 Med LR 108 [21] see for example, Briody v St Helen’s Knowsley AHA [1999] Lloyd’s Rep. Med. 185, Hallatt v NW Anglia HA [1998] Lloyd’s Rep. Med. 197, and Rhodes v W Surrey NE Hampshire HA [1998] Lloyd’s Rep. Med.. 256 [22] ‘Are the Courts Excessively Deferential to the Medical Profession?’ (2001) 9 Medical Law Review 1-16. [23] Ibid [24] Ibid. Also see, National Audit Office, Handling Clinical Negligence Claims in England, 2001 [25] Lord Woolf, above n 22 [26] ‘The Standard of Care in Medical Negligence – Moving on from Bolam?’ (1998) 19 Oxford Journal of Legal Studies 473-84 [27] Ibid [28] [1985] 1 All ER 643 [29] [1988] QB 481 [30] (1992) 67 ALJR 47 [31] above, n 22 [32] See for example Re S (adult patient: sterilisation) [2001] Fam 15, [2000] 3 WLR 1288. [33] [1993] 1 All ER 821 [34] [1993] AC 789 at 869

Friday, October 25, 2019

Death Be Not Proud Essay -- essays research papers

	How would you cope if you were going to die? In the memoir Death Be Not Proud by John Gunther, his son Named Johnny is faced with this situation. At an early age, Johnny was found with a brain tumor, and struggles to survive. Johnny later died from the brain tumor. Johnny was loved by many people; much of whom tried his/her best to help Johnny through this ordeal. Although Johnny was faced with death, Johnny faced death with courage throughout the book. Even though Johnny was faced with death, he faced death with courage. Johnny showed that, by keeping a positive attitude through this whole ordeal. Johnny’s hope, positive attitude, and courage kept his death at bay, even in the face of terrible pain and incurable illness. " But later that day he developed an excruciating headache, the only fierce and intense pain he suffered during the whole course of his illness-a small mercy, perhaps, but one to be devoutly grateful for"(p24) Johnny was faced with unimaginable pain throughout his illness; yet he maintained a level of hope and determination to live. At the young age that Johnny was at, and to face death, it must have took a lot of courage to stay positive. Johnny kept fighting, determined to recuperate, even if he had to do things himself. "I watched him give himself a hypodermic injection of liver extract on the side above the hip, an awkward place to reach. I could not possibly have done on anybody, let alon e myself." (p77) Johnny, had to ta...

Thursday, October 24, 2019

International Journal of Retail & Distribution Management Essay

Introduction Sales promotion is the offer of an incentive to induce a desired sales result (Gilbert, 1999). For our purposes promotional techniques, within UK supermarkets, have been taken to be â€Å"value increasing† promotions (i. e. coupons and price deals) and â€Å"value adding† (i. e. premiums, prizes/contests/sweepstakes, samples, point of purchase display, demonstration and loyalty cards). Sales promotion consists of a wide variety of short-term tactical promotional tools aimed at generating a desired response from customers. Although there is a shift in marketing communications, away from advertising towards sales promotions, there is no consensus among researchers that sales promotions lead to repeat purchase. It is agreed, however, that price promotions can result in a short-term increase in sales (Smith and Sinha, 2000; Banks and Moorthy, 1999; Kopalle and Mela, 1999; Diamond, 1992; Gupta and Cooper, 1992; Bawa and Shoemaker, 1987). It is also important to note that studies of price promotions also show that customers who take advantage of a price promotion often return to their favourite brands (Ehrenberg et al. 1994; Brandweek, 1994). There is a large body of literature, which has examined consumer response to sales promotions, especially coupons (Krishna and Zhang, 1999; Huff and Alden, 1998; Leone and Srinivasan, 1996; Bawa and Shoemaker, 1987, 1989; Gupta, 1988, 1993; Blattberg and Neslin, 1990). Coupons and discounts are the most widely used promotional tools. However, relatively little research has focussed on value adding promotions. In coupon promotions retailers maintain the original price of the product and it is only coupon holders who are entitled to a discount. As buyers are not subject to a reduction in sales price there is no need for them to adjust their internal reference prices downwards, as is the case with discount promotions. Therefore, coupon promotions should be more attractive than discount promotions in improving the transaction value of the product. However, consumers must keep track of the coupons and produce them at the place of purchase. If consumers are used to utilising coupons then they are likely to have a more positive attitude towards them (Huff and Alden, 1998). Also, if a The authors D. C. Gilbert is Professor of Marketing and N. Jackaria is a Researcher, both at Surrey European Management School, University of Surrey, Guildford, UK. Keywords Sales promotion, Retail trade, Food industry, Marketing Abstract UK supermarkets need to be able to assess the current efficacy of the budget they allocate to promotional activities aimed at boosting sales. Therefore, the main objective of this article is to investigate consumer response to the four different promotional deals most commonly used in UK supermarkets: coupons, price discounts, samples and â€Å"buy-one-get-one-free†. Multi discriminant analysis was used on a study of 160 respondents to analyse whether there was an association between the four consumer promotional approaches and respondents’ reported buying behaviour. The findings indicate that only price discount promotions proved to be statistically significant on consumer’s reported buying behaviour. Purchase acceleration and product trial are found to be the two most influential variables related to a discount. For â€Å"buy-one-get-one-free†, while the result is not significant, the two variables, brand switching and purchase acceleration are statistically significant.

Wednesday, October 23, 2019

Spectator Violence at Sporting Events

â€Å"These people want to hurt you. It†s frightening. You feel like you†re in a cage out there†. Reggie Smith, (Berger, 1990). Spectator violence at sporting events has been recorded throughout history. People who have power over the events, often team owners, indirectly influence the amount of spectator violence by encouraging the factors contributing to violence, in order to benefit themselves. Sale of alcohol, encouraging crowd intensity, creating rivalries, and targeting social groups, are factors affecting the degree of spectator violence and can be proven to be influenced by the owner†s actions. Therefore the blame for spectator violence can be attributed to whoever has power over the sport. Many historians suggest that an increase in spectator violence coincides with the commercialization of sports. Anthropologists agree that in societies where games were not for profit, they were enjoyed as celebrations of physical skill without competitiveness or violence between players or spectators (Berger, 1990). However, when people gained power or financially from the sporting events, spectator violence increased (Berger, 1990). Public spectacles and games were part of the Roman Empire. Each emperor had an amphitheater and the size of the crowd reflected the emperor†s wealth or power. The emperor through crowd excitement could influence spectator violence to such an extent that gladiators could be killed or freed depending on the crowd†s effect on the emperor (Robinson, 1998). The emperor encouraged the Roman working class, â€Å"to forget their own suffering, by seeing others suffer,† while the senators, and emperor would benefit financially from gambling profits (Robinson, 1998). With the commercialization of sports, owners† profits increased with alcohol sales. Beer drinking has been an integral part of sports since the late 1870†³s. Chris van der Alie noticed that his saloon did well when St. Louis Brown Stockings were in town. As a result, he decided to sell beer at the games. On February 12, 1880, Alie signed a contract with the Browns allowing him to sell alcohol on their property (Johnson, 1988). During a game on July 6, 1881, the first alcohol related brawl broke out in the crowd, injuring twenty spectators and killing two (Johnson, 1998). The signed contract with the Browns† was a financial bonus for the owner, however permitting alcohol to be sold, might have indirectly contributed to the injuries and deaths. Alcohol sales contribute financial support to teams. â€Å"Without beer companies as sponsors, the teams would have trouble making ends meet. † Bob Whitsitt, president of Seattle Supersonics, (Berger, 1990). The more alcohol consumed, the more revenue for the owners. During the 1987-1988 season the Cincinnati Reds sold 12,610 half-barrels and 35,365 cases of beer. The amount of beer consumed averages out to a pint for every man, woman, and child who attended the 81 games the team played at home (Johnson, 1988). The team†s owner benefited with a financial profit of over 1 million dollars. Sponsorship or ownership of teams by alcohol manufacturers, increases the alcohol sales. The first major partnership of beer and baseball dates from the 1953 purchase of the Cardinals by August A. Busch, Jr. , president of the Anheuser-Busch brewery (Johnson, 1988). In twenty-five years its† sales soared from fewer than 6 million barrels a year to more than 35 million (Johnson, 1988). In addition to direct profit, alcohol also indirectly increases profit through increased attendance. In 1974, when the Cleveland Indians† fan attendance was down, the owner implemented â€Å"Beer Night† where they sold beers for 10 cents at the first game of a three game series against the Texas Rangers (Berger, 1990). Attendance was up by 3500. The night turned out to be the first and last â€Å"Beer Night†. When a brawl occurred during the 5th inning, hundreds of Indian fans charged the field and beat up the Texas Ranger players. Seventy-six people were arrested. All were intoxicated (Berger, 1990). There†s no question that the beer played a great part in the affair† (GM Eddie Robinson). Eddie Robinson did not apologize for the incident, and it took Lee MacPhail, president of American League to intervene and ban the beer nights (Johnson, 1988). The rowdy behavior contributed by alcohol consumption often accompanies the throwing of beverage containers. Cups, bottles, and cans act as stimuli and provide a throwing opportunity. In 1988, Pete Rose of Cincinnati Reds was pelted with full cups of beer and whiskey bottles, when he stormed out of the dugout to dispute a call. It was insane, many of the fans were throwing unopened beer cans† Pete Rose, (Johnson, 1988). To restrain spectator violence, many agree with not selling alcohol at sporting events. â€Å"The selling of alcohol at sporting events should be banned† (Johnson, 1988). Other solutions have been implemented, such as limiting drinking to designated areas, selling low alcohol beer, and making it more difficult to buy. The solution of prohibiting alcohol at games was never implemented (Johnson, 1988) Alcohol sales increase revenue; profits keep the owners satisfied. The owners to increase entertainment and increase attendance often promote other stimulants such as music, hearing obscenities, and aggressive play in the event or in the stands. Since sports are a source of entertainment, loud music and aggressive play in the event pump up the crowds, increasing the fans† enthusiasm. Hearing obscenities can be contagious and escalate into more swearing, name calling and fighting. An obscene cheer starts with two fans, increases to eight and soon a whole section is vibrating to the pulse. If fans take exception to the obscenities individual fights break out building into group fights, as friends come to assist. Owners are often able to control the crowd†s involvement in the game with the type of music they play and how loud they control the volume (Robinson, 1998). An excited, participatory crowd heightens the atmosphere and increases future ticket sales, benefiting the owner. However, the same atmosphere can increase hostility leading to fan violence. Basketball games attract anywhere from twenty to thirty thousand fans, whereas a gymnastic competition may attract a few hundred (Robinson, 1998). This is party due to the loud, exciting atmosphere at a basketball game. Goldstein did a study comparing crowd hostility before and after a basketball game to before and after a gymnastic competition. He proved that the hostility increased considerably for the basketball fans, and also discovered that hostility occurred no matter if the fan was rooting for the winning or the losing team (Robinson, 1998). Large sport events like basketball often use music to increase the crowd†s hostility and competitive awareness of the game. Owners often don†t realize at what point hostility turns to fan violence. This may have been the situation for Dan Goodenow, organizer of the 1988 Martin Luther King Classic basketball tournament where 5 fans were arrested, a man's face slashed, and a police officer injured during a riot (Atyeo, 1979). Coaches and game officials blamed the rap group Public Enemy, who played before the game shouting obscenities, carrying plastic guns, and working up the crowd to an extent of raucous excitement (Chapman, 1988). Owners or school leaders help create team rivalry by encouraging fans, through city or school patriotism, to support their team. With media support, owners use historical team rivalry, competitive stories, propaganda and team loyalty to promote high-ticket sales and increase profits. Excessive promotion of rivalry changes crowd cheers to jeers that can lead to violence. The most common rivalries are school rivalries. Starting as far back as 1899 the students of Colorado School of Mines and those of Colorado College would celebrate victory by using dynamite to blow up the rival†s goal posts (Taylor, 1992). During one game the presidents of the universities promoted the final game, as â€Å"The top college in Colorado will win† (Taylor, 1992). By game time, most students from both schools were there to cheer their teams on. When Colorado College was down their fans, frustrated by the score and the name-calling, stormed the field at half time where a riot broke out. When rivalry was claimed to be a factor it was no longer promoted, and violence diminished (Taylor, 1992). A similar example of rivalry leading to hostility occurred in the 1999 Red Feather game Banting vs. Westminster. To encourage attendance and raise money for charities both schools had pep rallies to pump up the students by using music, videos and chants. During half time the two schools emerged towards the center of the field taunting each other. The organizers of the rallies intent on boosting ticket sales inadvertently encouraged spectator violence. There is an increase in violence following sporting events promoting rivalry as compared to regular promotion, as seen in professional boxing following a highly talked about match. The promoters in boxing do everything they can to make sure the matches turn out violent to satisfy the crowd. David C. Phillips a sociologist studied the rate of homicides following highly publicized heavyweight championship fights. The survey was done the 3 weeks following each of 18 highly publicized bouts from 1973-1978 compared to those bouts with normal publicity (Davidson, 1983). Phillips found that there were 193 more murders, in the surrounding areas, after the promoted fights as compared to the norms (Davidson, 1983). After the highly promoted Muhammad Ali vs. Joe Frazier fight on October 1, 1975, the murder rate shot up thirty-two percent (Davidson, 1983). Phillips theory is â€Å"people see how violence is prized in the boxing ring and come to believe that violence outside the ring will also be rewarded† (Davidson, 1983). The rewards however, are the financial rewards to the owners, through increased ticket sales and media advertising. Spectator violence may be parallel to violence in the society. For example in a violent society, play will be violent, whereas in a peaceful society play will be more peaceful. The make up of the social group contributes to the possibility of violence. Spectators can be divided into different social classes and the event advertised in areas where a particular social group is targeted for ticket sales. Often working class males are targeted, as their values and attitudes of aggressiveness, fearlessness and toughness are well suited to competitive sports (Bonney & Giulianotti, 1994). They are likely to be the fans that are betting on the game or are there for the thrills (Berger, 1990). These fans are more likely to attend contact sporting events such as rugby and to be violent, compared to the upper class fans who analyze the game are more likely to attend a cricket match. In the sport soccer, hooligans who dominate the crowds are mainly males who generally act in rough, noisy behavior (Taylor, 1992). They have lawless fun, fighting spectators, throwing objects and vandalizing property. Most hooligans are from the working class. They have low ambitions, violent behavior and high stress levels (Bonney & Giulianotti, 1994). They act out their frustrations, like the Roman working class, by attending sporting events where they loose their individualities. Fans in Glasgow, Scotland, trampled sixty-six persons to death when they tried to return to the stadium they had just left upon hearing that a last-minute goal had been scored. Berger, 1982). â€Å"Hooliganism gives the organization of a team motivation with their traditional cheers and it builds the atmosphere which builds a team† Lesie Davis, management of Peru†s soccer organization (Taylor, 1992). Major soccer teams target this low-income social class because it brings atmosphere to the game and alcohol sales and profits increase (Shumacher, 1975). In marketing ticket sales for most team sports, owners target males nineteen to forty-five. Sixty three percent of males and twenty percent of females in that age range are involved with sports whether they participate in them, or follow them (Oliver, 1971). Team owners often exclusively target males, resulting in an increase of ticket sales and merchandise. However, when males are bonded they often act violently emphasizing their masculinity, machismo, bravery and fighting skills (Tiger, 1970). Many teams in the American Baseball League in the 1970†³s were having problems concerning fan violence, and found the main instigators were males. They changed the games to Sunday, traditionally a family day and encouraged female fans by admitting them free. With women and family present the men were less likely to loose their individuality and act violently as a group. The results for the next 5 years were positive as fan violence decreased by 30 percent (Berger, 1990). By studying the occurrences, degrees, and causes of fan violence over history, owners are able to decrease the incidents of fan violence while maintaining profits and entertainment value of their organization. Slowly but effectively owners, teams, coaches and professional leagues are creating solutions to minimize fan violence. The American Baseball League, National Baseball League and the National Basketball Association participate in TEAM (Techniques for Effective Alcohol Management), which is a program for training everyone from vendors to ushers in handling people who have had too much to drink (Berger, 1982). Many of the NFL teams have moved their tailgate parties outside the stadium to eliminate the hostility caused by loud rock bands on the premises (Berger. 1990). Security cameras have been installed in many of the soccer stadiums and transportation centers to games, spotting the fans that cause the violence, and acting as deterrents for others. Controlled drinking areas, entrance controlled security checks, and increased visible security personnel are measures, which have helped to reduce fan violence in all sports. Most important, the owners need to be aware that some of their actions to benefit their organization have an indirect influence on the factors for fan violence. Sport is a basic feature of Australian culture. The achievements of Australian athletes have enhanced our image as a nation. Participation in sporting activities contributes to the health of millions of Australians; the teamwork and fair play which Australians learn on the playing field provide the basis for a good society. But Australian sport is not without shortcomings. Whilst sporting violence, on the part of both participants and spectators, is less frequent and less severe in Australia than in many overseas locations, it remains grounds for concern. Violence on the playing field sets a bad example for impressionable young Australians. Unruly crowd behaviour can spoil a pleasant family outing.