Intellectual Property Essay Example for Free

Intellectual Property Essay Overview of Paper Whether we believe it is right or not, many of us have become accustomed to the fact that a large number people download copyrighted material regularly using Peer-to-Peer file-sharing software. As a result, the entertainment industry is losing billions of dollars in revenue, and is suffering from the infringements of many copyrights. Who should be held responsible for this? Is it the fault of the people who misuse the software or the fault of the software distributors for allowing this to occur? With the recent case of MGM Studios, Inc. v. Grokster, Ltd., these issues came to an even bigger showdown than the predecessor case of AM Records Inc. V. Napster in which the violations that its users were directly infringing the plaintiffs copyrights, that Napster was liable for contributory infringement of the plaintiffs copyrights and that Napster was liable for vicarious infringement of the plaintiffs copyrights, particularly after it was discovered that multi-platinum artists were finding their songs leaked to the internet long before an album had ever been released. (Vaver) Thusly, the basis of this paper will be to examine the relationship of Peer-to-Peer (P2P) file sharing services and how they violate copyrights, patents and generally, intellectual property. Further, I will discuss the impact on software developers, artists and the individual user who participates in utilizing P2P software on their individual and public access computer systems. The primary case that will be featured in this discussion is Metro Gold wyn Mayer (MGM) versus Grokster which took place in 2005. †¢History of participants (MGM) Theater magnate Marcus Lowe, who orchestrated the merger of Metro Pictures Corp., Goldwyn Pictures and Louis B. Mayer Productions, formed MGM in April 1924. With visionary Louis B. Mayer and Irving Thalberg at the helm, Metro-Goldwyn-Mayer was a powerhouse of prolific artistry and filmmaking expertise that the studio famously said attracted more stars than are in the heavens. During a golden three decades from 1924 to 1954, the Culver City-based studio dominated the movie business, creating a Best Picture nominee every year for two straight decades. One of the more memorable years at the Academy Awards ® was in 1939 when MGMs Gone With the Wind and MGMs The Wizard of Oz were both nominated for Best Picture. Gone With the Wind took home Best Picture that year, along with 8 other Oscars. The Wizard of Oz secured two Oscars. United Artists was established on July 15, 1919 by Charlie Chaplin, Mary Pickford, Douglas Fairbanks and D.W. Griffith and was best known as the company built by the stars. The budding company quickly left an indelible mark on Hollywood, revolutionizing the motion-picture business by promising creative freedom to actors and filmmakers, while offering the filmmakers a share of the films profits. UAs Midnight Cowboy, released in 1969 starring Dustin Hoffman and Jon Voight, was the first X-Rated film to be nominated and win an Academy Award ®. It won 3 Oscars ®, including Best Picture. It was changed to an R-rating in 1971. United Artists later joined the MGM family in 1981, and thrived as member of the lions pride.†¨Ã¢â‚¬ ¨MGM boasts a total of 205 Academy Awards ® in its vast library. Among those are 15 Best Pictures. These films include; Rebecca (1940), Best Years of Our Lives (1946), Hamlet (1948), Marty (1955), The Apartment (1960), West Side Story (1961), Tom Jones (1963), In the Heat of the Night (1967), Midnight Cowboy (1969), Rocky (1976), Annie Hall (1977), Platoon (1986), Rain Man (1988), Dances With Wolves (1990), The Silence of the Lambs (1991). Today MGM boasts an impressive library comprised of titles from the United Artists, Orion Pictures, and Goldwyn Entertainment and PolyGram Filmed Entertainment libraries. With approximately 4,100 films and over 10,400 hours of television programming, the library also includes the Rocky and Pink Panther franchises and the celebrated James Bond franchise, the longest running and most profitable series in film history. (MGM) MGM and other entertainment companies (24 in total): A collection of song-writers, music publishers and motion picture studios who â€Å"own or control the vast majority of copyrighted motion pictures and sound recordings in the United States.† Damages were sought as well as an injunction against Grokster for copyright infringement. MGM accused Grokster of distributing software which enabled users to breach copyright restrictions. They insisted that around 90% of data transferred using P2P software was copyrighted, costing them millions of dollars in lost revenues. They also argued that this type of copyright infringement would not occur if Grokster and similar software distributors did not make it possible. †¢History of participants (Grokster) Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster Peer-to-Peer file-sharing client in 2001. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Courts decision in MGM Studios, Inc. v. Grokster, Ltd. (Duke) Grokster became popular after the collapse of Napster due partly because of its decentralized architecture. Grokster’s client application licensed the FastTrack network technology. Grokster was in a new client software application that was used to connect to the FastTrack and Gnutella’s decentralized P2P networks to enable its users to share files. This network was quite different from Napster in two primary ways: 1) users could search for any file type (they were not restricted to MP3s like in Napster) 2) the network was decentralized. The decentralized architecture prevented any single broken link, such as Napster’s index servers, from bringing down the network. Grokster removed the need for centralized index servers through its use of super nodes. Whenever a powerful computer with a high-speed connection running Grokster connected to the FastTrack network, it automatically became a super node and acted as a temporary indexing server for other clients on the network. It was believed that the decentralized nature of the network would insulate it from legal threats, however, this can also intimate a certain level of culpability in the act of sharing the files. (Giblin) So what is Intellectual Property? According to WIPO (World Intellectual Property Organization), intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (or as we commonly know them: patents), trademarks, industrial designs, geographic indications of source (definition of geographic indications: a name or sign used on certain products which corresponds to a specific geographical location or origin {e.g. a town, region, or country}. The use of a geographic indication may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin†¦ example: Vidalia Onions or Florida Oranges†¦) and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works like drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The innovations and creative expressions of indigenous and local communities are also Intellectual property, but because they are â€Å"traditional† they may not be fully protected by existing Intellectual property systems. Thusly, when industrial works and/or literary and artistic works are shared without proper compensation, any business, contract holder, artist or individual related to the copyright or patent has the right to seek damages in what is owed to them in relationship to the work in question. MGM V. Grokster – Facts and Decision MGM and several music and motion picture studios brought this suit against Grokster alleging vicarious and contributory copyright infringement for distributing peer-to-peer file-sharing software. According to MGM, over 90% of the material exchanged using Grokster’s file-sharing software is copyrighted material and therefore, copyright infringement occurs every time users exchange the information. MGM contends that Grokster contributes to this infringement by making the file-sharing software available to the public. The district court disagreed with MGM, granting partial summary judgment in favor of Grokster as to the liability that occurred from its present distribution activities. MGM appealed the decision to the Ninth Circuit Court of Appeals. The Ninth Circuit held that Grokster was not liable for contributory infringement because it lacked sufficient knowledge of the infringement and it did not materially contribute to the copyright infringement. According to the court, th e peer-to-peer file-sharing software distributed by Grokster was capable of substantial non-infringing uses. Based on this finding, the court held that Grokster could not be found liable for mere constructive knowledge, but must have had reasonable knowledge of specific infringement at the time it contributed to the infringement. Such knowledge was impossible in this case due to the structure of the network created by the Grokster software. Unlike previous file-sharing networks, Grokster did not maintain a searchable index on a centralized server. Instead, indexes were maintained on the computers of individual users, which prevented Grokster from learning of any infringement until after it had occurred. The network design also prevented Grokster from materially contributing to any copyright infringement because Grokster did not provide the site or facilities for infringement. (Duke) The Ninth Circuit also held that Grokster was not liable for vicarious copyright infringement. According to the court, Grokster lacked the right and ability to supervise the direct infringers. The peer-to-peer file-sharing software did not allow Grokster to block access to infringing users and did not provide Grokster with any opportunity to filter content. While MGM argued that Grokster could alter the file-sharing software to control user access, the court noted this was not a viable option because the software resided on the computers of the users and not on a centralized server. The court ruled against Groksters peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations. The product was too similar in look and feel to Kazaa, which is marketed by Sharman Networks and Morpheus, which was distributed by StreamCast. Grokster along with Morpheus and Kazaa are considered second-generation peer-to-peer file sharing programs because unlike their predecessor Napster these file sharing programs allowed users to trade files directly between one another without these transactions passing through a centralized server. Because Napster maintained this fraction of control over the transaction of files through its server it was ruled illegal because it should have exercised its power over the server to stop the sharing of copyright infringing files. Grokster and this second generation of peer-to-peer file sharing programs sought to avoid this legal obstacle. (Duke) Issues at Stake In a peer-to-peer network each computer is both a server and client. Members need to download only the relevant software file sharing software, free of charge, and they may participate in the network to exchange files, which are more often than not, copyrighted. The owners of copyrights, in this case MGM believed that the software distributors are liable for copyright infringement of the software users: By providing P2P file-sharing software, MGM believe Grokster should be liable for the actions of the individuals who misuse it. A major debate rages over the issue that copyrights, no matter how numerous, do not give the holders a veto over certain advancements in technology. The copyright owners (MGM) relied on the two recognized theories of secondary copyright liability: contributory copyright infringement and explicit copyright infringement. In order for Grokster to be held liable for contributory copyright infringement, it had to be proven that direct infringement of copyrights took place by a primary person, party or group and that Grokster had full knowledge of the infringements. It also had to be determined that they also provided a material contribution to this infringement. For Grokster to be held liable for explicit copyright infringement there had to have been direct copyright infringement by a primary party, a direct financial benefit to the Grokster and an ability on the part of Grokster to supervise those responsible for the infringements. Precedent: The Betamax Case (Universal City Studios, Inc. et al. v. Sony Corporation of America Inc. et al. 1979) In this case it was held that video-recorders should not be banned, even though there is a chance they might be misused by the owner. This technology has substantial non-infringing uses, and so an outright ban could not be justified. Betamax technology was developed with the aim of allowing users to record television that they would have otherwise missed: thus, it’s intended and advertised use was not as an infringer of copyrights. (Vaver) Billions of files are shared across P2P networks each month a large proportion of which are illegal. If Grokster was made responsible for their actions, the amount of files transferred would be expected to reduce significantly as tighter regulations are enforced. If MGM won their case in its entirety, the owners of file-sharing software would be held responsible for copyright infringements of the software users. Even though MGM was attacking a certain type of software, many other technologies could be affected if MGM had been successful. MP3 players, CD burners, external hard-disks, and so on would have been drastically changed to the leisure (and working) time of many individuals due to the basic operating software included with each of those devices and the nature of their portability from machine to machine and platform to platform. (Vaver) A precedent would be set against which similar cases in the future could be examined. This is not a new problem, it has been going on for years between the Entertainment Industry and technology, which allows copyrighted material to be duplicated. The ultimate and unresolvable issue here is a trade-off between intellectual property rights and technological innovations, which will become more and more cloudy as social media and technological innovations churn ever forward and change at such a consuming and rapid pace. Repercussions In the wake of the case filing, Grokster began warning many users on the main page of their website that their IP (internet protocol: A unique string of numbers separated by periods that identifies each computer attached to the Internet) addresses were being stored. Prosecution of the file-sharing individual relies upon what has commonly been referred to as a process of a doe subpoena. If a doe subpoena is utilized, prosecutors are required to gain a series of subpoenas in order to find out the identity of the user behind the IP address in question. Following the shut down of Grokster blogs became inundated with concerned users fearful of the warning however there were and are no reports of the use of doe subpoenas in this case. Research into the effects of warnings such as the one left on Grokster’s website has shown that while these warnings can result in a substantial reduction in online file sharing of individuals, the overall availability of downloadable content did not diminish. Furthermore, researchers cannot account for how much of this reduction in individual file sharing is simply shifted to other file sharing programs. In cases where the RIAA has issued threats the users who conduct the most file sharing usually reduced their daily transactions to levels below the level of prosecution. In effect these warnings have only caused only a brief reduction in overall online file sharing. (Duke) Future Fallout The fear raised by some is that the Grokster findings would impose far too heavy of a burden on technological development, or discourage the dispersment of community information. The Grokster Court attempted to remain mindful of the need to keep from trenching on regular commerce or discouraging the development of technology with lawful and unlawful potential. The Court did not focus on the legality of the P2P networks but rather on the intent and conduct of the defendants. Finding the defendants intent unmistakable, the Court reasoned that such wrongful intent combined with defendants unlawful conduct could make defend- ants liable. Thus, the Court appropriately placed the blame on the malicious con- duct of technology developers rather than on the technology itself. (Grigorian) Under Grokster, businesses [can] continue to develop new technologies provided they do not encourage their users to violate the copyright law. Therefore, it is reasonable to infer from Grokster that P2P file-sharing software and similar technologies remain perfectly legal. This is a legitimate finding because, as the Court pointed out, file-sharing technologies can and have been used for legitimate, non- infringing purposes. For example, universities, business, and government entities use P2P file-sharing software for added efficiency and a more stable platform on which information can be shared [without being susceptible] to the types of attacks that a centralized server faces. (PC Review) Since the Supreme Courts pronouncement of Grokster, many legal scholars are eager to know the role the decision will play in future indirect copyright infringement cases, especially those involving file-sharing technology. Given the questions that remain unresolved after the Grokster decision, like those regarding the proper interpretation and application of Sony, future plaintiffs are likely to first proceed under the active inducement theory and, alternatively, plead contributory copyright infringement. To establish liability under the active inducement theory, plaintiffs must prove that: 1. The defendant took active steps with intent to cause infringement 2. The users of defendants technology did in fact engage in infringing activity. In cases involving P2P technology, proving intent is the trickiest of the two elements. However, copyright holders with legitimate claims will most likely be able to meet this requirement by showing that the conduct and activities of the alleged infringers in developing and marketing their technology would rise to the level of actively promoting the illegal sharing of said works. Courts will then need to examine the alleged infringers business models, marketing and promotional strategy and capability of installing filtering and monitoring systems in order to determine whether sufficient evidence of intent exists. Although it’s unclear as to how many of these factors must be present for a court to find wrongful intent, it is reasonable to determine that the more closely a persons behavior resembles that of a Grokster type entity, the more likely a court is to find liability under the active inducement standard. (Grigorian) This does not indicate that Grokster prefers copyright holders or offers them an automatic win. Some would argue that Grokster makes it more laborious for copyright holders to obtain damages because it forces them to conduct more extensive discovery and incur greater legal expenses in order to successfully prove intent. So while Grokster may appear unreasonably burdensome at first, it actually benefits all parties involved. By setting the burden of proof higher and requiring copyright holders to prove intent, Grokster will likely deter wasteful claims. The newly adopted standard also favors copyright holders because it offers clearer guidelines for those with legitimate claims to seek a legal remedy when their rights are violated. Therefore, in contrast to what some scholars may argue, Grokster successfully maintains a delicate balance between innovation and copyright protection. Conclusion The District Court of California and the Ninth Circuit Court of Appeals ruled in favor of Grokster, much to MGM’s disappointment. It was held in both courts that Grokster escaped liability for a number of reasons: 1.Grokster did not have constructive, adequate knowledge of the infringements. 2.The software distributed by Grokster was capable of substantial non-infringing uses. 3.There was no central server, thus Grokster could only obtain information of the infringement after it had already happened (i.e. they could not block or prevent copyright infringement because they were not able to directly supervise file transfers). 4.Grokster could not be found responsible for materially contributing to any copyright infringement. 5.Grokster did not directly earn money from this software, as it is free for people to download. Instead, they earned money through advertisements on their website. 6.Grokster was unable to change the software to control user access due to the fact that the software resided on the users’ computers and not on a centralized server. In the United States Supreme Court, the ruling of the appeal favored MGM. The unanimous ruling was that â€Å"one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.† Under these conditions, P2P file-sharing companies could now be sued for copyright infringements. Many as the most important intellectual property case have dubbed this case in decades (PC Review) Due to the extent of disagreement, which arose as to whether Grokster is protected under the Sony Betamax case, a new test has been developed to determine whether the ruling in the Betamax case protects the software in question. The test assesses whether or not the distributors of the software have promoted it as a means of copyright infringement. If such intentions were found, then the ruling of the Betamax case could not be used as precedent. As long as new innovations do not affect existing copyrights, then this ruling should not affect them. It is seen by the Supreme Court as a fair balance between the benefits gained by allowing and promoting technological innovation and the need to respect the intellectual property rights of artists. However, critics do not quite view it in the same light: they are skeptical that the test will work in their favor due to its inherent ambiguity. (PC Review) There are major concerns, however, that despite the good intentions of the court to strike a fair balance between innovation and copyrights, many investors may be put off. If there is a slight chance that a potential project is at risk from this ruling, then ideas are likely to go no further than the drawing board. This could have huge significance, especially regarding the creation of new digital technologies: Any threat of liability, and the idea dies Many argue that file sharing is not the problem, which needs to be addressed here; it is the issue of the individuals that abuse it. On the other hand, trying to hold millions of downloaders responsible for their (numerous) actions would be logistically impossible, and so a more preventative approach has instead been used. (PC Review) Therefore, Groksters message could not be any louder or clearer: innovators should continue to develop new technologies but they must do so with a lawful intent. In devising a new standard for liability, the Court in Grokster provided an alternative mechanism under which copyright holders could seek redress against technology developers and distributors that infringed on their intellectual property rights by proving un-lawful intent. The new standard appropriately focuses on the infringers conduct and intent rather than the technology itself. Works Cited 1. Giblin, Rebecca. Code wars†¯: 10 years of P2P software litigation. Cheltenham, UK; Northampton, MA: Edward Elgar Publishing, 2011. Print. 2. Duke University School of Law, â€Å"MGM V. Grokster.† Web. 2004 2005. http://publiclaw.law.duke.edu/publiclaw/supremecourtonline/certgrants/2004/mgmvgro.html 3. â€Å"The Legality of File Sharing MGM Vs Grokster.† Web. 14 July 2012. http://www.pcreview.co.uk/articles/Consumer-Advice/The_Legality_of_File_Sharing_-_MGM_vs_Grokster/ 4. â€Å"The Official Website for Metro-Goldwyn-Mayer (MGM) Studios: Learn More About the History of MGM.† Web. 14 July 2012. http://www.mgm.com/corporate/index.html 5. Vaver, David. Intellectual property rights†¯: critical concepts in law. London: Routledge, 2006. Print. 6. â€Å"WIPO World Intellectual Property Organization.† Web. 14 July 2012. http://www.wipo.int/portal/index.html.en 7. Grigorian, Kristine. MGM vs Grokster: Adopting Patent Law’s Active Inducement Do ctrine and shifting focus to actual infringers. Maryland, Northampton, Journal of Business and Technology, Maryland School of Law, 2005. Print.

Patriarchy And Violence Against Women Essay Example for Free

Patriarchy And Violence Against Women Essay Author Charlotte Perkins Gilman in her The Man-made World or Our Androcentric Culture (1911) presents the most comprehensive statement of her overall theory. In it she argues that we live in a patriarchy or what she calls an androcentric, male-centered society and that our culture in all its aspects reflects this androcentric bias. Gilman sees this bias as destructive because the male sensitivity is destructive. A woman-centered, or better a mother-centered, world would be very different, because it would express the positive, benign character pf women’s sensitivities. In this work, and in His Religion and Hers, Gilman presents her most extreme statement of the radical differences between men and women. These differences she attributes to prehistoric roles assigned the two sexes. The male naturally fights, and naturally crows, triumphs over his rival and takes the prize—therefore, he was made male. Maleness means â€Å"war† (92) while the basic feminine impulse is to gather, to put together, to construct; the basic masculine impulse to scatter, to disseminate, to destroy† (114). A male-centered culture reflects these negative masculine concerns in nearly every area of expression. Some of Gilman’s most original contributions to feminist theory are contained in her discussion of the ideological warp impressed upon language, art, literature, sports, education, government and religion by the androcentric perspective. While public society is organized as a democracy, the man-made home remainsâ€Å"despotism. † â€Å"The male is esteemed the ‘head of the family’; it belongs to him; he maintains it; and the rest of the world is a wide hunting ground and battlefield wherein he competes with other males as of old† (41). In the â€Å"proprietary family† of the patriarchate, women remain men’s property in the household; they are little more than objects whose purpose is â€Å"first and foremost†¦ a means of pleasure to him† (32). Every law and custom† of the â€Å"family relation† is arranged from the masculine viewpoint (35). â€Å"From this same viewpoint†¦ comes the requirement that the woman shall serve the man. † (35). A greater challenge occurs when campaigns to improve gender equality by promoting the well-being of the marginalized are conducted in sync with trade and development policies that favor the economically strong multinationals and compromise the welfare of the lowly locals, particularly the helpless women and children. We ought to remember that sexism and patriarchy are all manifestations of a power struggle between the strong and the weak, the same kind of struggle linked to globalization and trade liberalization today. Patriarchy involves an imbalance of power between man and woman leading to unequal roles and benefits, a situation that can be seen in a larger context between the developing and the industrialized economies, as the latter’s efforts to spread globalization and to weaken the former’s trade laws also leads to unequal gains. Globalization’s capitalistic intent, although beneficial in several ways since it brings development to poorer states, may be cultural imperialism dressed in new clothes when the more powerful party uses its stronger bargaining authority to manipulate or exploit. (Gilman) â€Å"In no developing region do women experience equality with men. † This clear-cut statement from the World Bank, the reputed international monetary institution, relays one of the most apparent yet often overlooked realities of our time—gender inequality. Gender inequality is a significant social concern that deserves to be analyzed with the utmost diligence using both empirical and scholastic evidences. This inequality is deeply entangled in the fabric of the everyday lives of many men and women, and it has been in existence since time immemorial. Gender inequality, from its very name, implies an uneven treatment based on one’s gender. Essentially, gender inequality is the prejudice that one gender, usually the female, is secondary and subordinate to the more capable and hence superior male gender. Many societies practice gender inequality, with the men reinforcing it and the women passively receiving it, because it is considered part of an enduring patriarchal culture. Deviating from this norm means that one runs the risk of being branded a weak husband or a bad, undeserving wife. Both cases are an embarrassment to the individual and the family. The causes and effects of gender inequality are part of a larger network of social problems that compound the difficulties people face everyday. It is deeply related to other social problems, such as poverty, economic growth and development, and globalization. The World Bank (2001) underscored the notion that gender issues are now more prominent in debates related to development, though the relevance of a gendered perspective in policy-making is yet to be widely understood. Thus, based from its report, gender inequality ought to be considered when drafting developmental policies for poor and developing states because failing to take into account gender roles and relations as well as disparities lead to policies that â€Å"have limited effectiveness† (p. 5). Although gender disparity is characteristic of developing and poor states, it is not restricted to them. This phenomenon is also observed in wealthier and developed regions where both men and women are relatively affluent and do not experience scarcity of resources. In these rich societies, minor but noticeable gender-based discrimination remains. â€Å"Gender discrimination crosses races, classes and ethnicity†¦Ã¢â‚¬  remarks Lucy Bednarek (1998, p. 60) in her article, â€Å"Searching for Equality in a Global Economy. Compared to the gender gap in these wealthier states, gender inequality in poor states poses graver consequences to its citizens. The devalued women and their children feel the pangs of poverty and bear the heavier brunt of economic unproductivity with greater intensity, compared with the men who possess greater freedom, privilege, and economic and political control. As stated by the UN (2004) in Trade and Gender, â€Å"A gendered perspective of development is seen as a difficult enough task,† so that extending the gendered approach to the â€Å"realm of trade† is considered to be an even bigger challenge (55). Yet the organization believes that international trade must assume a gendered approach wherein accelerated economic growth and sustainable development will take place without endangering the well-being of the women and children in the community. The issue of trade has become so important in the consideration of gender equality because the current multilateral trade negotiation and regional trade agreements (RTAs) have pervaded state development policies. Because of these ubiquitous bi- and multilateral negotiations and agreements, governments do not just make decisions solely for the state but also according to the dictates of the global and regional environment or the overall plan of their affiliated economic groups. This environment therefore affects policies on gender; for the UN (2004, 56), â€Å"Every major move in the trading system can have direct or indirect implications for a country’s gender welfare, equity and development goals. † The crime of rape and other forms of violence against women have come into increasing focus in recent years, due in part to the rising prominence of the feminist movement. Rape has come to be widely perceived not only as a means of obtaining sexual gratification but rather as an extreme manner of expressing hostility to women. This broader definition of the term is related to the heightened awareness that far more often than not sexual aggression occurs within the context of courtship or friendship relationships (called â€Å"acquaintance rape† or â€Å"date rape†) or even that of marriage. The recognition that the forms of coercion used by men over women can go beyond direct and overt use of force brings legal theory closer to reality. However, some scholars fear that expanding conceptualization of rape and the imprecise definition of sexual harassment serve to blur the distinction between the sexes, especially between the expanded conceptualization of rape and male initiated seduction. These problems in defining behavior can exacerbate the difficulty in obtaining rape convictions from male jurors who may perceive an uncomfortable similarity between some of their own past actions and those of a defendant in such cases. Clearly, there is heightened sensitivity to the problems of rape and sexual harassment that will lead to accelerated efforts in legal and legislative policy formation. Reflecting this heightened sensitivity is the $1. 6 billion in the 1994 Crime Bill to fund Violence against Women Act. The challenge is to fight rape and harassment in all their forms while protecting the rights of women.

Defamation And Free Speech In England And Russia Law Essay

Defamation And Free Speech In England And Russia Law Essay The basis of modern society is formed by the fundamental human right of freedom of speech. The importance of having this fundamental right is immense. In order for this world to continue modernizing, it is very important to let every individual voice his/her opinion. However, in certain situations what one person says (intentionally or unintentionally) might harm the reputation of another person. I believe that defamation law and freedom of speech are two different sides of the same coin. They always go together, yet talk about two contradicting concepts. If freedom of speech gives everyone the right to express themselves, then defamation limits this right, in order to protect the reputation of individuals from being harmed. Every country has its own coin which is unique in its own way. This means that every legal system has its own way of evaluating freedom of speech and defamation law. Therefore, I think, it will be interesting to make compare the defamation law in the Russian lega l system and the defamation law in the English legal system, as they are both part of completely different legal traditions. By examining these two different jurisdictions, I will try to evaluate whether defamation law infringes the fundamental human right of speech. Defamation law in England: General overview (Defamation and Free Speech): Defamation is quite different from the other torts because, unlike the others it protects something that is indistinct; it protects the claimants reputation (not personal safety or personal integrity, unlike the other torts). Since it protects something so abstract, it can be difficult to actually reach a fair conclusion. Thus, the question here arises that what is defamatory and did it really harm the reputation of the claimant. It should be clarified as to what is actually meant by harm the reputation of the claimant. This phrase means that certain comments/statements have caused the claimant to be avoided and shunned by the right-thinking members of the society. Defamation can be made in two forms, either libel (i.e. permanent/written form) or slander (i.e. auditory form). In order to give rise to liability in defamation the claimant has to mainly prove three things. Firstly, the statement has to be defamatory (i.e. should harm the reputation of the claimant). Secondly, the claimant also has to prove that the statement was in fact referring to the claimant and not someone else. Thirdly, the defamatory statement was demonstrated to a third party (by third party, it is meant at least one other person). Moreover, in cases of slander the claimant also has to prove that the statement caused actual damage (i.e. financial loss). Once the claimant proves these things, the burden of proof falls on the defendant, because the statement(s) is/are presumed to be false.  [1]   When it comes to human rights, especially free speech, many critics believe that the English legal system does a poor job of protecting it. The main reason is believed to be the fact the Great Britain does not have a written constitution. Therefore, the interpretation of human rights lies in the hands of the judges (who can be very subjective). However, things have changed slightly since the introduction of European Human Rights Convention and 1998 Human Rights Act, both of which have helped the English law to develop and also clarify certain points. Nevertheless in certain situations it can be seen that the English law still struggles to provide justice to these acts  [2]  . This was the case in R v Shayler, where Mr. Shayler, a former member of the Security Service, disclosed that MI5 kept files on future labour ministers, alleged incompetence relating to the IRA bombing of Bishopsgate in the City of London in 1993, and the bombing of the Israeli embassy in London a year later, and that MI6 was involved in a plot to assassinate the Libyan leader, Muammar Gadafy, in 1995. The defence of Mr. Shayler was based on the freedom of expression and public interest. He was charged under the Official Secrets Act 1989 which prohibited any member of the security and intelligence services, from disclosing any information about his/her work. However, according to Mr. Shayler this act was incompatible with article 10 of the Convention and it violated his right of free speech. Nonetheless, the House of Lords decided unanimously to dismiss his appeal  [3]  . Consequently, I personally believe that it can be seen from the type of information Mr. Shayler disclosed, that he acted in public interest. Defences: Defences are given more importance in defamation than in other aspects of tort. The defences are given such immense importance, in order to avoid violating the constitutional right of free speech. Moreover, it is not very difficult for the claimant to establish the elements of defamation. Once the claimant established the elements, it is up to the defendant to prove his/her innocence. Therefore, defences are of enormous importance. There are certain defences which help the defendant to do so, for example, Justification (truth), privilege, fair comment and defence of innocent publication under s. 1 Defamation Act 1996. Other than these defences, there are some others, which help the defendant to remove the liability, for example, offer of amends under s.2 Defamation Act 1996 and expiry of limitation period  [4]  . Since the statement made by the claimant is assumed to be false, the defence of justification tells that whatever the defendant published was true and thus the claimant has no right to complain about true statements which lower his/her reputation. Moreover, if the defendant has made a number of distinct charges against the claimant, then it will be sufficient that the defendant proves the truth of most of the charges such that the other statements do not injure the claimants reputation materially. Defamatory statements made on a privileged occasion are not actionable. Privileged occasions are those, where public interest in freedom of speech is such that it overrules any concerns as to the effect of this freedom on the claimants reputation.  [5]  There are two types of privileges, absolute and qualified. Absolute privilege applies to statements made in Parliament, court hearings, any document ordered to be published by House of Parliament and communications between certain officers of state. Qualified privilege applies to an occasion where the person who makes a communication has an interest or a duty (legal, social, or moral) to make it to the person to whom it is so made has a corresponding interest or duty to receive it.  [6]  The rationale for this is said to be the common convenience and welfare of society. Unlike absolute privilege, the defence of qualified privilege will be defeated if malice is proved. Fair comment protects the defendants right to criticize the claimant, which is why the defendant does not have to show that his/her words are true. However, this right to criticize is kept within strict boundaries. In order to qualify for this defence the defendant must prove that he/she was acting in public interest. Moreover the defendant should also show that the statement was based upon a set of facts and that the defendant honestly held that opinion. If a person was involuntarily or unknowingly involved in the process of publication of the defamatory material, then the defence of innocent publication (under s.1 of DA 1996) will apply to him/her. The defendant should prove that he/she took reasonable care in relation to the statements publication. Moreover, he/she should also prove that he/she had no reason whatsoever to believe that his/her actions caused or contributed to the publication of a defamatory statement. This defence cannot be applied to the author, editor or publisher. If the defendant has unintentionally defamed the claimant, then he/she can make an offer of amends (i.e. publish an apology). If the claimant accepts this offer then the proceedings would end, however, if the claimant refuses to accept it, then this would become a defence for the defendant. The expiry of the limitation period cannot be really regarded as a defence; it is more of an assertion that the claimant has run out of time to bring his/her claims for defamation. It is obvious from the defences mentioned above, that English law tries to take reasonable care to protect free speech from being violated. However, the question which arises here is whether these defences are enough. I personally think that it is not enough, because despite the strong defences there are still some major glitches in the system. The main example would be the unnecessarily high costs of bringing up a defamation lawsuit. Since legal aid is not available, the cost of hiring a lawyer is relatively high. This leads us to think that defamation law is only for the rich and the poor cannot seek justice from it. Defamation in Russian Law General Overview (defamation and free speech): In the Russian legal system, up until the last decade of 20th century, defamation was a part of the criminal law. The Russian Criminal Code contains five articles which deal with defamation. In order to sue for criminal defamation the claimant must prove that the statement was made with malicious intent to harm the claimants reputation. Furthermore, the claimant must also prove that the defendant knew that the statement was false. In the past two decades, due to the collapse of the Soviet Union, the Russian law underwent some major reforms, such as the introduction of defamation in civil law. Civil defamation is covered by various articles of the Russian Civil Code. According to article 152 of the Civil Code, the elements required in order to establish civil defamation are: dissemination of information, information must be defamatory; the information must be false, the information should be of factual nature, and the information should be referring to the claimant. The claimant only needs to prove that the statement was published, other than this the burden of proof falls on the defendant. Defences  [7]  : Russian civil defamation law mainly focuses on how to deal with the defendant who is found guilty. This can be seen in the emphasis placed by these requirements on the grounds for bringing a defamation lawsuit, how the defamatory statement will be refuted and how the compensation should be awarded. The main problem with these rules is that they contain very little information on how the defendant may defend him/herself. The defences are provided under international law. First, a defendant should be given a fair opportunity to prove that the statement made by him/her is true. If the defendant succeeds in doing so, it removes liability from the defendant. Second, if the statement was made in public interest and it was reasonable in all circumstances for the defendant to publish the information in the form he/she did, then the defendant can benefit from the defence of reasonable publication. Finally, the defendant cannot be liable if the statement actually expresses his/her opinion. An opinion is defined as a statement which does not include any factual expression or cannot reasonably be interpreted as a fact, because of the language or context. Evaluation: Defamation law and free speech are both equally important concepts in our society. One persons right of free speech should be balanced against another persons right to being protected against being defamed by lies. Therefore it is crucial to exercise freedom of speech and defamation law helps to do so. I personally believe, that defamation law is one of the most important part of tort law, since it protects people against those false statements which might harm their reputation. Moreover, defamation law tries its level best not to infringe free speech. The defences used in defamation law try to create a balance between freedom of speech and defamation. However, in certain cases freedom of speech ends up getting violated. In England free speech is fundamental human right which is granted by the common law and protected by the statute law. Provisions are taken by the judiciary in order to avoid violating the constitutional right of freedom of speech. This can be seen in English defamation law, which has a lot of defences which help the defendant to protect his/her interests (i.e. free speech). However, compared to other common law countries, for example USA, the English defamation law has some glitches. The main example would be placing the burden of proof on the defendant or assuming that the statement made by the defendant is false. I think that this places the defendant in an unfair position. In Russian law, the defences are very limited and the punishment is greater because defamation in Russian law is regarded as a criminal offence in certain cases. I think that defamation should not be regarded as a criminal offence under any circumstances because it creates an impermissible chilling effect stemming the flow of protected speech.  [8]  Moreover, the burden of proof shifts improperly, thus, requiring the defendant to prove his/her innocence. I believe that Russian defamation law needs to cut out defamation from criminal law completely. It can be seen that compared to English defamation law; Russian defamation law limits free speech to a greater extent. The main reasons are limited number of defences and defamation being a part of the criminal law. However, the Russian law has tried to improve the situation by implementing defamation in their Civil Code. The result of my research says, that despite the fact that the defences help to minimize the negative effect of defamation law on free speech it can be said that almost every legal system infringes free speech to some extent. The main reason for this is limited number of defences (in the case of Russian law) and in some cases the judges tend to favour the protection of reputation more than free speech.

Computer Matching Versus Privacy :: Private Personal Information Essays

Computer Matching Versus Privacy Introduction With the advent of new computer technologies, the ease with which new information can be discovered from aggregating data sources is astounding. This technique is called computer matching. When it comes to doing research this can be an incredible source of new ideas and correlations between sets of data. However, this same technique can be applied to information about individual people. Suddenly, by pulling together disparate sources of data, private information can be learned about an individual without their knowledge or consent. If the organization that is capable of computer matching is a government, it places a lot of information in the hands of a powerful entity. A question of whether the government should have this new information is a significant one. What if the government were not allowed to ask you for information that is discoverable through computer matching? Should the government be allowed to use this technique to yield the same information? This ethical dilemma is covered in this paper. Relevant information will be used from the laws in the United States and the European Union to illustrate the different perspectives on the privacy of citizens and the approaches each government takes to it. Letter of the Law or Spirit? Many countries around the world have laws on what information a government can ask from its citizens. These laws typically focus on protecting the privacy of individual citizens and preventing discrimination based upon the collected information. Computer matching could place this same information in the hands of the government. In the United States, US law prohibits the direct collection of certain information. This includes, but not limited to information about ethnicity, sexual orientation, etc1. The European Union (EU) has set guidelines for members of the union. These guidelines set strict rules for the â€Å"processing† of personal information. The EU defines processing as collection, use, storage, retrieval, transmission, destruction, and other actions2. The rules also provide provisions requiring the consent of the individual person before this â€Å"processing† can occur. It is apparent that the intentions of the laws for the United States and the EU are to protect the privacy of their citizens. However, loopholes exist in these laws that allow the governments to bend these laws. In the United States, the law prevents the government from asking for certain information, but it does not prevent it from purchasing this information or using matching techniques to discover it.

AC Bridge Circuits :: Papers

AC Bridge Circuits As we saw with DC measurement circuits, the circuit configuration known as a bridge can be a very useful way to measure unknown values of resistance. This is true with AC as well, and we can apply the very same principle to the accurate measurement of unknown impedances. To review, the bridge circuit works as a pair of two-component voltage dividers connected across the same source voltage, with a null-detector meter movement connected between them to indicate a condition of "balance" at zero volts: [IMAGE] Any one of the four resistors in the above bridge can be the resistor of unknown value, and its value can be determined by a ratio of the other three, which are "calibrated," or whose resistances are known to a precise degree. When the bridge is in a balanced condition (zero voltage as indicated by the null detector), the ratio works out to be this: [IMAGE] One of the advantages of using a bridge circuit to measure resistance is that the voltage of the power source is irrelevant. Practically speaking, the higher the supply voltage, the easier it is to detect a condition of imbalance between the four resistors with the null detector, and thus the more sensitive it will be. A greater supply voltage leads to the possibility of increased measurement precision. However, there will be no fundamental error introduced as a result of a lesser or greater power supply voltage unlike other types of resistance measurement schemes. Impedance bridges work the same, only the balance equation is with complex quantities, as both magnitude and phase across the components of the two dividers must be equal in order for the null detector to indicate "zero." The null detector, of course, must be a device capable of detecting very small AC voltages. An oscilloscope is often used for this, although very sensitive electromechanical meter movements and even headphones (small speakers) may be used if the source frequency is within audio range. One way to maximize the effectiveness of audio headphones as a null

The Descent of Dick Diver in Fitzgeralds Tender is the Night Essays

The Descent of Dick Diver in Tender is the Night    Tender is the Night by F. Scott Fitzgerald chronicles Dick Diver's long descent (or "dying fall," [Letters 310]) to ruin at the hands of women. Diver, the novel's protagonist and antagonist, seeks to overthrow feminine power. Dick needs to control the women in his life. To him, women want to be dependent; they are weak, lost souls who need the guidance only a man can give. In turn, women are parasites who feed on him and ultimately destroy his genius.      Ã‚  Ã‚  Ã‚  Ã‚   Before Diver becomes involved with woman, he is a Rhodes Scholar and a promising young Psychiatrist. By the end of the novel he is a middle-aged drunk chasing young women. Dick Diver, flaw credible, possesses an excess of charm, which leaves him vulnerable to women who lead him to moral and emotional bankruptcy. Diver meets Nicole Warren, the rich heiress. Their relationship is almost incestuous. The unsteady daughter figure/wife/patient seeks approval from her father figure/husband/doctor. The relationship is clearly based on the control Dick Diver has over Nicole. Nicole was already a mess from the sexual abuse she encountered from her father. She was looking for a father figure, someone to take care of her. Her choice of mate was the likely one: her doctor. While Diver does seem to love his patient, he nonetheless "handles" her, always treating her like a patient over whom he has power. During their courtship, the letters he sends her mostly tell h er to "be a good girl and mind the doctors." (130) He is a doctor who has control over his patient while corresponding with her; he knows she will follow his directions and obey his commands. After he weds her, he becomes increasingly torn betw... ...e only two people in the world I care about." (218-219). Later, Cullis tells Diver of the incident involving Rosemary and Bill Hillis on a train. This "image of a third person ... entering into his relation with Rosemary was needed to throw him off his balance" (88). Now Diver has really lost control of things with Rosemary. He is obsessed with her, as evident in his repeating his imagined flashback to the scene; "Do you mind if I pull down the curtain?" (90). The Diver that needs to control, is now controlled by the image of Rosemary with another man; his need to control people has been suffocated as Rosemary rules his emotions since Nicole no longer needs him.    Works Cited: Fitzgerald, F. Scott. Tender Is the Night. New York: Simon & Schuster Inc., 1995. The Letters of F. Scott Fitzgerald. Ed. Andrew Turnbull. New York: Scribners, 1963.

Nursing Final

Its a beta blocker. – Chapter 18- Peripheral Vascular Disorders -Hypertension- BP 140/90. -Hypertensive Crisis- 180/120 -DASH diet- 2,000 calories. 7-8 grains, fewer than 2 servings of protein Review pages 430- 438 Chapter 29- Urinary System – Urinary Tract Infection- #1 Nonsocial infection Most common location is the bladder (cystitis) Most common upper OUT is kidney and renal pelvis (polytheists) Most common bacteria to cause OUT is e-coli Difference between Cystitis and PolytheistsCystitis- Disarray, urgency, nocturne, Papyri, Hematite Polytheists- Same as above plus flank pain, N-V-D, fever, malaise- Urinary Calculi. Stones made from Ca. Dull, aching to severe flank pain. Nausea, vomiting. Gross hematite. – Lithography- crushing stones through sound waves – Acute Renal Failure. -Rapid onset. Reversible.Most common cause is sashimi (poor perfusion to the kidney) Most common symptom is Algeria (urine output less than 400 muddy) High BUN and creating leve ls Page 2 Occurs in 3 stages: initiation (up to days), maintenance phase (up to 2 weeks) and this is here all the problems occur, and the recovery phase (up to 1 – Globetrotting's Leading cause of kidney disease and failure Caused by strep (a beta-hemolytic strep) Surrounded by bowman's capsule Sex: hematite, proteins, hypoglycemia, azotes (increase Nitrogen) Lasts 10-14 days Nephritis- nephritis is any degenerative disease of the renal tubules.Nephritis can be caused by kidney disease, or it may be secondary to another disorder. It should not be confused with nephritis, where inflammation is implied. – Nephritic Syndrome Same as above but there is a significant loss of protein lost in urine Found in lupus ND those with kidney disorders Sex: proteins, low albumin, high lipids, and severe edema in face and periodontal area. Blood clots are common. – Urine Dipstick PH 6-6. 5 specific gravity 1. 010-1. 025 Everything else is negative in a healthy patient Potassium Normal 3. -5. 2 – Sodium Normal 135-145 Drugs that lower sodium levels are diuretics, (pep-/ Noreen), decongestants and antithetic medications IV solutions that increase sodium are Nasal Chapter 31- Male Reproductive – Tetrahedral resection of the prostate (TURN) – is a surgical procedure that removes portions of the prostate gland through the TURN requires no external incision. Pen's. A Inserted through the penis and the wire loop is guided by the surgeon so it can remove carried by fluid the obstructing tissue one piece at a time.The pieces of tissue are into the bladder and flushed out at the end of the procedure. TURN is generally done to relieve symptoms due to prostate enlargement, often due to quite enlarged Problems with dribbling. BP. BP is a condition in which the prostate gland may become and cause problems with urination. Symptoms may include getting a urine stream started . Nocturne, urgency, Monitor tort hemorrhage tort the TLS 2 Chapter 32- Female Reproductive Meteorological Bleeding between periods Sign of cervical or uterine cancer Dilation and Curettage (D ;C) Page 3 – Cervical canal is scraped 48 hours.Monitor for circulation. Avoid pillow under legs. Avoid tampons for 2 weeks. – Vaginas Fungal (candidates) Protozoan (trice. ) bacteria (grandparent) Chapter 34/35- Endocrine System Biofeedback Mechanisms (3 below) 1) glucose maintenance- interplay between insulin and clangor, pancreatic hormones that release glucose and store glucose, respectively 2) body temperature maintenance -hypothalamus, nerves, skin, sweat glands, earth(beats faster if warm), kidneys -if your temp. Increases due to exercise/warm weather/illness: sweating occurs to produce evaporation which leads to cooling -if your temp. Decreases due to cold weather/being scared/illness: â€Å"goose bumps† (obliteration) occurs, which are thought to be derived from a response that enable the hair to stand on end causing more insulation and hea t 3) fluid maintenance- -kidneys regulate how much fluid is excreted. If you are dehydrated they will produce less urine. If you drink a lot of fluid quickly, then more urine will be excreted – Thyroid sits on either side of tracheaIsthmus connects two lobes Needs iodine to secrete to (thyroxin) and to (trinitrotoluene) that increases metabolism Also secretes calculation that decreases excess calcium levels in the blood – Hyperthyroidism Too much thyroid hormone AS: Increased appetite, yet loses weight. If left untreated, will cause cardiac dysphasia and heart failure Develops into 2 disorders: Graves disease and thyroid crisis Graves disease (goiters ; expostulates- protruding eyes) Expostulates- protruding eyes Thyroid storm- High fever (;102), tachycardia, hypertension, restlessness, seizures, delirium- Tracheotomy-Will be on lifelong replacement hormones Thyroid state (balanced hormonal state before surgery) Nursing precautions: hemorrhage, respiratory distress, la ryngeal nerve damage, tenant, thyroid storm Maxed- form of hypothyroidism Brought on by exposure to cold, infix, temp, trauma, narcotics ; tranquilizer More frequent in women AS: seizures, lethargy to coma, hypothermia. Respiratory and cardiovascular systems shut down. TX: airway, Cardiac function, increasing Temperature and HTH levels by getting labyrinthine by IV. Page 4 – Cushing Syndrome Adrenal cortex produces too much cortical (hormone) or ACTAAS: fat deposits in abdomen, clavicle, buffalo hump, round moon face, hirsute (excessive facial hair) DXL: Increase cortical level and elevate 24 hour urine test with 17- sisterhoods and 17- horticulturalists. Low potassium, Sodium and glucose levels are also higher. Meds: lessoned and acetated are commonly used. Addison Disease Adrenal insufficiency AS: decrease glorifications, mineralogist's, and androgen's TX: IV fluids, glucose, An, sociolinguistics, warm and quiet environment DXL: Decreased levels of cortical, decreased 24 ho ur urine test with 17- sisterhoods, Potassium is increased, glucose and sodium are decreased.Phosphorescently benign tumor of adrenal medulla Produces excessive amounts of epinephrine and morphogenesis Stimulates the sympathetic nervous system AS: BP 200-300/150 +, pounding HA, profuse sweating, tachycardia, flushing, DXL: increased catecholamine levels in the blood or urine, CT scan. Tracheotomy Nursing care: stabilize BP – Tracheotomy Removal of adrenal gland High risk of Addison crisis or adrenal crisis. – Addison Crisis hypertension, rapid weak pulse, extreme weakness, confusion, circulating collapse and shock.Dangerously low K+ levels. – Diabetes Insipid Results from lack of DAD hormone Two types: energetic (damage to pituitary) and nephritic (Kidneys) Risk for hyperthermia Sex: Polynesia, popularly (5-15 ml. ‘day) urine specific gravity of less than 1. 005, mucous pale urine, weakens, dehydration, tachycardia, poor skin author, dry membranes Nursing Care: managing fluid and electrolytes, replacing DAD. Monitor daily weight. Meds: Visionaries (monitor for h/a and abdominal cramps).Ethicize diuretics sodium Chapter 36- Diabetes – Normal blood glucose is 70-100. Diagnosing Diabetes plasma glucose level (>200) oral glucose tolerance test (2 hour test, >200) sting blood glucose (8 hour test, > 126) Peripheral Vascular Disease Greater in Type 2 Atherosclerosis of lower legs Page 5 Leads to gangrene. (Most common cause of amputations) AS: hair loss, atrophic skin, cool feet, red- white legs, thick toenails, pain with walking a pulses. ND at rest (usually at night), diminished or absent peripheral – Type 1 Diabetes Destruction of beta cells leads to state of absolute insulin deficiency Usually occurs in childhood Prone to developing acidosis's Insulin dependent Sex: Popularly, Polynesia, polyphonic, weight loss, fatigue, malaise, blurred vision – Type 2 Diabetes Sufficient insulin to prevent acidosis's, but to lowe r blood glucose Usually occurs after 30 Most clients are obese Insulin requiring but not dependent Sex: Popularly, Polynesia, obesity, recurrent infix, fatigue, blurred vision, parenthesis (numbness and tingling around mouth and hands and feet. – DAD 1800 clone Diet Diabetic Acidosis Occurs in Type 1 diabetes Sex: hyperglycemia, dehydration, coma, BBS > 250, stentorian. Metabolic Acidosis's= fruity, alcohol breath Common in those who are undiagnosed. TX: fluids, insulin, correction of electrolytes. Unconsciousness patients need 0. 9% normal saline to replace sodium. Start with 0. 9, then 0. 45%. Dextrose is added to prevent hypoglycemia. Exercise Reduces blood glucose by increase glucose use by the muscles. Eat snack before exercising. Avoid exercising if fasting is ; 250. -Only regular insulin may be given b y the IV route.HAS (Hyperbolas Hyperglycemia State) Occurs in Type 2 Characterized by severely high glucose ( or ;), extreme dehydration, and alter LOC, grand mall seizu res. -Differences between DAKAR and HAS Type 1 Lethargy H HAS Type 2 Coma Samuels breaths Rapid, shallow breathing Glucose ;250 Glucose ; 600 *Samuels breathing – rapid, deep respiration to prevent decrease in PH. Smoggy Effect Morning rise in glucose after a nighttime hypoglycemia. Sex: tenors, night sweats, and restlessness. TX: Eat bedtime snack Dawn phenomenon Rise in glucose between 4 am and 8 am.TX: increase insulin dose or changing injection time from dinnertime to bedtime Page Hyperglycemia Sex: Increased thirst and frequency Diet: low carbohydrates and sugar, sufficient hydration, and frequent small meals. – Hypoglycemia Sex: carry an emergency snack high in carbohydrates to help raise low blood sugar. People who have experienced hypoglycemia in the past should eat meals at regular intervals, avoid excessive alcohol and never drink alcohol on an empty stomach. Chapter 37- Nervous system – Cardiovascular Accident- Brain attack or stroke Thrombosis C.V.- Caused by atherosclerosis of arteries.Happens during or after sleep. Embolism C.V.- caused by problems with the heart Hemorrhagic C.V.- caused by hypertension Right Side vs. Left side Effects left side Effects right side Visual Unaware Impulsive Heat stroke Speech (Left-Language) Away re Slow, cautious heat cramps, heat syncope (fainting), and heat exhaustion . Nausea, seizures, confusion, disorientation, and sometimes loss of consciousness. Remove any extra clothes. – Frost bite Don't put direct heat on it. Wrap in blankets or move to a warmer environment.Chapter 38- Interracial Disorders – Closed head injuries Coup-contractor- Jerking forward-jerking back – Concussion brain injury resulting trot violent snaking or impact – Contusion bleeding into soft tissue resulting from blunt force Epidural Hematite severe blow to brain causing arterial bleeding between skull and durra mater. – Suburbia Hematite injury between durra mater and subtractions laye r – Antibacterial Hematite Bleeding into brain caused by gunshot wound or depressed skull fracture- Simple arterial seizure- Jerking of finger, hand, foot, leg and face.Called Jackson March. – Sex: flashing lights, tingling sensations, or hallucinations. – Complex Partial Seizures Sex: lip smacking, aimless walking, picking up clothing – Absence seizures- In children. Blank stare. Lasts 5-10 seconds. May be unaware. – Tonic-clinic seizures- Adults and children. From trauma. Stages: aura, tonic phase, clinic phase, postnatal phase Up to 30 miss Page 7 Chapter 39- Neurological and Spinal Multiple Sclerosis degenerative disease that damages myelin sheath surrounding axons. Marked by periods of exacerbation and remissionEffects Women between 20-50 Myelin sheath is the white matter in the CONS Put is prone to IT'S, pressure ulcers, Joint conjunctures, pneumonia, depression DXL: SF (cerebration's fluid analysis). Look for Gig. , MR. and CT scan. – Parkinson Disease Results from a lack of dopamine 3 cardiac signs: tremor, rigidity, braininess. Pill-rolling. Leopard- Used to treat shaking, stiffness, and slow movement Interscholastic- Med for Parkinson Sex: dry mouth, orthodontic hypertension, constipation, urinary hesitation, pupil dilation, blurred vision, dry eyes, photosensitive, increased heart rate.Anesthesia Gravies Marked by periods of exacerbation and remission Sex: eyelid photos (drooping eye), diploma (double vision), slurred speech, nasal voice, difficulty chewing or swallowing Face appears to have a snarl or grimace Risk for aspiration and respiratory insufficiency – Choleric Crisis caused by taking meds too early. Sex: Severe muscle weakness, NV, increased salivation, sweating, brickyard. – Anesthetic crisis Caused by taking meds late Sex: muscle weakness, inability to speak/swallow, respiratory distress, anxiety – Terminal Neuralgia Causes pain along both sides of face.Sex: periodic, severe pain in cheeks, forehead, lips. Triggered by wind, chewing, shaving. Rhizome- surgical severing of a nerve root to control pain. – Autonomic Dyslexia Effects TO and above. Stimulated by full bladder or fecal impaction. TX: Elevate HOB 45 degrees. Check for kinks in catheter. – CLC-CA injury puts a person on a ventilator. MONOCOTYLEDON a protrusion of impinges and spinal cord through a defect in the spinal column Chapter 40- Eye Disorders – Cataracts Red-reflex (reddish-orange glow in pupil when light hits it) disappears. Intraocular lens is implanted to focus light and restore vision.Snell Chart Eye chart. Madrigals- med that causes dilation of pupil Page 8 Chapter 43- Musculoskeletal Trauma Mast Suit Used for carcinogenic & hypoglycemic shock in abdominal, pelvic and lower extremity Internal (Proportional) trauma – Know: Diabetes, insulin – peak time & preparing, when to administer, Insulin Comparison Chart: Insulin Type Onset Peaks at Ends Workin g in Low Occurs at Humanly- (Rapid) 15-20 miss 30-90 miss 3-4 hours 2-4 her Novel- (Rapid) 15-20 miss 40-50 miss 3-4 hours 2-4 her Regular (short)30-60 miss 80-120 miss 4-6 hours 3-7 her NAP (intermediate 2-4 hours 6-10 hours 14-16 hours 6-12 herLandaus (Long) 2-3 hours almost no peak 18-26 hours 4-24 her Oxalate: This medication is used to treat a high level of potassium in your blood. Too much potassium in your blood can sometimes cause heart rhythm problems. Sodium polystyrene sultanate works by helping your body get rid of extra potassium. Corticosteroids- from the adrenal cortex . Used to treat purists (itching) and psoriasis, bone cancer, chronic interpolator diseases such as Arthur s Sociolinguistics (creditors) raises blood glucose levels. Mineralogical (lodestone) maintains normal salt and water balance through kidneys.