Marquis de Lafayette Essay Example | Topics and Well Written Essays - 1250 words

Marquis de Lafayette - Essay Example It is unfortunate that Lafayette’s extraordinary accomplishments have faded from memory and that the thorniest issues he tackled such as racism, slavery, class difference, religious intolerance are still seen as major challenges in both America and France. On July 31, 1777, the Continental Congress introduced Lafayette, 19 to George Washington after Washington had taken command of the Colonial Army two years before and there were few foreigners interested in the American cause. Although the Congress told Washington that Lafayette’s commission was purely honorific, he was not informed about it and Washington complained about Lafayette’s expected command of a division. This made the success of American Revolution in doubt and for more than a year, there were only two critical victories in Trenton and Princeton and the army only succeeded at evasion and retreat. Washington was worried that perhaps Philadelphia could fall to the enemies and therefore the only thing h e had was the young French teenager, Lafayette (Gaines Web). Earl explains that Washington was later given a leeway on making decision regarding Lafayette’s role in the war and by September, he was riding with Washington into battle where he was wounded at Brandywine Creek (85-89). Washington’s personal physician then attended him and the history tells that Washington believed in Lafayette as a son and Lafayette treated him as a father. He treated Lafayette with fatherly tenderness however, the two men sometimes differed and could work against one another and their interaction symbolizes problematic relations between their two countries. Nevertheless, the friendship between the two continued for all the time Washington lived despite challenges and this friendship can be linked with the implausible French-American relationship. Lafayette always showed his sincere devotion and support of Washington, which made him seek for Washington’s approval before carrying out any military duty (â€Å"New-York Historical Society† Web). Volunteering to aid America in their quest to secure independence was a crucial role that Lafayette played in a foreign nation. Learning that the British troops had evacuated Philadelphia, on June 19, 1778, Washington commanded his men to pursue the British across New Jersey and Lafayette advised Washington to send more soldiers to attack the rear of the British. Lafayette, alongside other officers including Wayne and Green explained that the general attack should be initiated if the results were favourable and Washington agreed to the plan. Lafayette then asked Lee who had initially been offered the command but contemplated disaster to let him lead the command. With Washington approval, Lafayette took the command and advanced to meet the British troops but upon further consideration, lee felt that Lafayette’s success might tarnish his name against the congress (â€Å"New-York Historical Society† Web). Nevertheless, Lafayette refused to relinquish the command and he promised that he would only resign the command in favour of Lee if he does not find the enemy of which he did in the evening and lee assumed the charge of the division. Unfortunately, Washington and his men caught up with the British the following day thus prompting him to order lee to attack the enemy and that he would advance with other men to defeat the enemy. Surprisingly, upon

Compare and contrast keynesianism, monetarism, and neo-classicism how Research Paper

Compare and contrast keynesianism, monetarism, and neo-classicism how do new theories of economics develop overtime - Research Paper Example This paper is an attempt to compare and contrast some of the Macro-economic theories. Before John Maynard Keynes most of the economists of the world believed on the classical theory of macroeconomics. However, the great depression of 1930s turned the tables. The classical theory was appearing to be failing and inconsistent. That allowed a British economist; John Maynard Keynes (Coddington, pp. 23-25)to step up on the stage and present what he thought is the right way to get the economy out of the recession. This theory was the rejection of the classical theory. According to Keynes and his followers, the supply side economics of the classical theory is an obsolete concept (Coddington, pp. 23-25). If the output and employment need to be altered, only the Aggregate Demand had the capability to affect these factors. Therefore, the economy should be a demand side or aggregate demand centered economy. In addition, Keynes and his followers were of the opinion that the aggregate demand of an economy can be calculated by taking â€Å"the summation of government spending, consumption, investment, net exports and others† (Coddington, pp. 37-43). Therefore, by varying the consumption levels and spending by the government, the levels of employment and total output of the economy affects. Keynes also argued that the full employment level of output cannot be achieved and the assumption of classical economists of full employment level of output is not realistic (Coddington, pp. 37-43). Money demand and Money supply are important factors in dealing with the economy. Conversely, this brought up the idea of the LM and IS curve. Furthermore, the point were IS and LM are equal determines the level of output and interest rate. All these assumptions and arguments also indicated that according to Keynes, there is no â€Å"invisible hand† in economy and government intervention is nece ssary to achieve the desired results (Baumol, & Blinder, pp.

Analysis of Prest v Petrodel Resources Ltd

Analysis of Prest v Petrodel Resources Ltd The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners. It was of key interest as it was a legal cross over between family law and company law. The legal team representing Prest stated that the decision is of major importance not only for family law and divorcing couples, but also for company law, and it is the most important reviews since Victorian times on the law regarding piercing the corporate veil.[2] The principles of lifting the corporate veil for the past eight decades seemed to have never been wholly established as judges always contradicted each other and never reached a unanimous decision. There has been extensive discussion as to whether a court can ignore the principle of separate legal personality and treat a companys property, rights and obligations as belonging to a person who owns and controls the company.[3] The critical points which would be analyse d in this essay would be whether Prest has brought us closer to what the principle of lifting the corporate veil can be defined as, what it entails or whether the whole doctrine should be set aside. It will be argued that the law should not be given its quietus as it seems that judges are somewhat getting closer to an answer. Prest narrowed the circumstances in which the doctrine may apply thus, this could show that decision makers are near the end of a long marathon. On the contrary, it seems that even if the doctrine is set aside, the principles would still be applied unknowingly by judges, it would perhaps not be defined as piercing the veil doctrine. It would possibly be applied in conjunction with other laws which would have the same effect and outcome as piercing the corporate veil. Lifting the corporate veil has been viewed narrowly to be the process used by the courts to either determine what exactly is going on behind the shell of incorporation. The whole concept of lifting the veil was derived from Salomon v Salomon[4] where corporate veil was established. It was held that a limited company was viewed like any other independent person with its right and liabilities appropriate to itself[5] The Salomon principle has been the foundation on which company law and business corporations have thrived on for years.[6] When taking into consideration how the law has developed in this area, Cheung describes that it is evident the House of Lords decision in Woolfson [7] came to be source for guidance in subsequent cases. More importantly, the HL emphasised that it is only appropriate to pierce the corporate veil where the circumstances indicate that the company is merely a faà §ade concealing true facts. However, despite this important distinction, the courts have alwa ys been wary that there must be some limit to the protection afforded by limited liability to ensure that business dealings remain honest. As Lazarus[8] explained no court will allow a person to keep an advantage which had been obtained by fraud[9] This principle underpinned all of the early attempts to pierce the veil meaning that the court will not allow a corporate personality to be used to protect individuals from wrongdoing. Similarly, Lord Sumption explains piercing the corporate veil means disregarding the separate personality of the company[10] Moreover, as per Lord Keith in Woolfson,[11] he states it is appropriate to pierce the corporate veil only where special circumstances exist[12] Consequently, right from the onset, there were conflicting views. The reception which the doctrine received forty years ago is still echoed to this day in Prest. The court reaffirmed in Prest the well-established judicial conservatism approach that the corporate veil could only be pierced in very rare cases[13] Therefore, despite the doctrine not being clear, it is well established that the doctrine is not be considered in all corporate cases but, ought to be considered only rare ones. On the other hand,it can be argued, that the strictness of the approach led to the doctrine existing more as a matter of legal theory than as a feature of legal practice. Prior to Prest, in Lipman,[14]the only way to lift the veil was if the company was regarded as a sham or mere faà §ade. In Smallbone,[15]Sir Morritt brought forward the argument that it is uncertain as to which circumstances a company can be considered as a sham or whether the company need to do something illegal for immorality to suffice.[16] Hence, this suggests that there is no clear structure to be followed. This could create further confusion as to what the doctrine of piercing the corporate veil originally intended to do. Could this perhaps suggest that it is better to abandon the doctrine as a whole rather than to try and figure out what the principle actually proposes to do. This could perhaps create more clarity in the sense that decision makers would know what is not meant to be included in the doctrine. Furthermore, this can be mirrored in Prest where Lady Hale and Lord Wilson doubted whether it is possible to classify all cases neatly into cases of either concealment or evasion[17] Therefore, even to this day there are a lot of question marks as to when and how the doctrine is applied; there are still a lot of unanswered questions which have not been dealt with. It seems that the judges only deal with these when and how it comes. It can be contended that the doctrine is there but, no one has yet connected the dots to see the full picture of what it entails. The fact that none of these questions seem to provide a clear picture further creates problems today as for a doctrine to develop or adapt to the new changes, the reasonings behind the past decision needs to be understood thus, if one cannot do that then how can the doctrine be established. Notwithstanding, since Prest, it is no longer sufficient for a company to show that it is a mere faà §ade or a sham;[18] one must show that control of the company by the wrongdoer was used as a device to conceal the wrongdoing.[19] A new provision on how the doctrine should be established was brought in Prest. Over the past eighty years, there has been many interpretations. Most recently, analysed by Lord Sumption where he identified the concealment and evasion principle. In Prest, Lord Sumption argued for a narrower and clearer approach by restricting the circumstances in which the veil may be pierced. This was because references to a faà §ade or sham beg too many questions to provide a satisfactory answer[20] He attempted to give an explanation; He stated that the veil would be restricted to two principles: the concealment principle and the evasion principle.[21] The concealment principles is the interposition of a company or perhaps several companies so as to conceal the real ac tors[22] But, he noted that this does not actually involve piercing the veil; the court is simply looking behind the faà §ade to discover the true facts.[23] Contrarily, the evasion principle applies where a person is under an existing legal obligation which he deliberately evades by interposing a company under his control.[24] However, despite the two approaches being somewhat clear; Lord Alcock observes that care must be taken because none of the other six justices of the Supreme Court agreed with Lord Sumption without some qualifications[25] He also points out that there is substantial uncertainty surrounding the operation of the evasion principle.[26] Most significantly, Neuberger also found that in cases where piercing the veil was considered, it either did not apply in the facts, or it was applied on the facts but the results could have been arrived at on some other legal basis.[27] On these grounds, this could show that the doctrine does not necessarily need to exist as the same outcome can be arrived on some other legal basis. It can be indicated that the doctrine could perhaps only exist to give reassurance to corporate businesses in order to ensure them that they have a sense of security in case something goes wrong, but in reality, it does not exist and is rarely applied. Undoubtedly, Lord Neuberger drew different conclusions regarding the application of the principle. He argued that there is not much support for the doctrine.[28] He observed that there is no English case which unequivocally underpinned a power to lift the veil[29]; however, recognition is given to a limited power as a valuable judicial tool to undo wrongdoing in cases where no other solution exist[30] It gives the impression that every judge will come up with a new principle every now and again which would be relied upon but then a couple of years after, a new judge will find criticism in the doctrine. It seems that it is going around in a vicious circle without reaching an end-po int. Additionally, Lord Sumptions principle brought further opposition. Lord Mance argued that It is dangerous to seek to foreclose all possible future situations which may arise and I would not wish to do so[31] Furthermore, it should be considered that Prest only dealt with one specific class of asset which were held by those of corporate entities. The decision shows that an application of company law principles is required when determining the ownership of those assets.[32] Henceforth, this shows that Prest only narrowed only one specific factor in piercing the corporate veil, a factor which cannot be used in all cases. This further shows that we are no closer to an answer of lifting the corporate veil. Contrarily to the above, despite there not being a set doctrine, it seems that the Lordships all agree on one aspect. In Prest, they all accepted the existence of a general common law veil piercing as being limited to rare and exceptional circumstances.[33] Lord Clarke argued that Sumptions distinction the circumstances in which the doctrine apply are rare[34] This similar reaction has been echoed in the past. It can be thus shown, that not much has changed and the decision makers are still unsure as to when the doctrine can be applied. In 2017, it is very difficult to predict what the future path for the doctrine will take as there are many conflicts on this topic even from the Supreme Court judges. As stated above, Lord Neuberger, Lord Clarke and Lady Hale were not entirely convinced on the validity of the doctrine and seeing it as merely a metaphor which was unclear and inchoherent. This was contrasted with Lord Mance and Lord Walker who are very much in favour of keeping the doct rine. On the other hand, Lord Neuberger who had initially been in favour of giving the doctrine its quietus because it had been misapplied in the eighty years indicates that the obiter by Lord Sumption is very influential and could prove to be important in future cases. Hence, this further indicates that there are still many uncertainties within the doctrine itself. It can be indicated that if Prest was successful in providing a set answer as to what piercing the corporate veil entails then there would have been many cases which would have pierced the veil post Prest. For some the most helpful case is the decision in Pennyfeathers limited v Pennyfeathers property company limited.[35] It is said to be a better example of facts for giving rise to the principle of piercing the veil. Provided that the principle was to be properly established then there is one thing that all decision makers would agree upon which would be that the company was used in an attempt to immunise himself from the liability of wrongdoing[36] This is consistent in DHN[37] just as much as it is in Gramsci.[38] It seems that in every case that involves piercing the veil, the defendants always argue that there is no such thing as piercing the corporate veil[39] thus, could it be that many wrongdoers have been able to escape liabilities simply because the doctrine was not well es tablished. The new approach found in VTB[40]and Prest significantly restrictive approach to piercing the corporate veil which in effect has relegated the doctrine to a principle of last resort.[41] Post Prest cases such as R v McDowell[42] and R v Singh[43] shows that the superior courts exercising restraint in disturbing the principle in Salomon.[44] It therefore appears that where litigants can show that the relevant tests are satisfied, the courts will allow them to obtain judgement against assets that were intentionally placed out of their reach. However, these cases are and will remain exceptional. More recently, in Akzo Nobel[45] in its arguments had suggested that the Competition Commission had tried to attribute the activities of the subsidiaries to Akzo Nobel which was in effect piercing the corporate veil.[46] It could be considered that an alternative approach would be to put the doctrine on a statutory basis so that the courts would have a guide to follow instead of consistently establishing conflicting views between themselves. However, this could prevent flexibility of the courts whilst it faces complex issues which cannot be foreseen by statute. On the other side of the coin, it would be less harmful than having ambiguous rules. Furthermore, there could be an extension which established distinct body rules for corporate groups such as in Germany. The interest of the whole group both financial and non- financial matters would be recognised. Moreover, another approach could be piercing the veil by removing limited liability towards involuntary creditors, notably tort victims. In Chandler v Cape,[47] it introduced some basis for this approach whilst imposing liability on a parent company by suggesting that the parent company has a duty to the employees of its subsidiary company. To conclude, it has been suggested by academic commentary that the decision reflects a progressive trend of restricting the doctrine.[48] However, it can be contemplated that slightly narrowing a doctrine which Supreme Court judges do not agree with does not mean that it is progressive.[49] If one keeps on rebutting every proposal that is brought forward then that is not progressive, it does not feel like any decision makers has tried to find a solution for this problem. It can be disputed that this is a never ending vicious circle.  It seems as if it is an entertaining ground for judges to see what new solution can be made this time around. Prest brings a new kind of uncertainty.[50] However, Prest does confirm that the veil would only be pierced in exceptional circumstances. There is one basis which all judges approve which is that the veil is only to be pierced in exceptional circumstances. This could perhaps be a starting point of a well-established doctrine. It can be contende d that, even if the doctrine is given is quietus, judges would still apply the principles of piercing the veil unknowingly. This decision can be derived from another legal basis but, it will have the same outcome. Thus, even if it is given its quietus, the doctrine would still be there transparently. It seems that we are at a halt with the long marathon until, a case can fully apply the two provisions in Prest. Bibliography Practitioners Textbooks Palmers Company Law Books A Digman A, John Lowry, Company Law (8th edn OUP Oxford) Birds J, Boyle Clark B et al, company Law (9th edn, Jordan Publishing) Dr Wilde C, Smith and Keenans Company Law ( 17th edn Pearson) Lowry J, and Arad Reisberg, Company Law Corporate Finance (4th Edn, Pearson Journals Akansha Dubey et al, Family Law (2014) 3(1) A Alcock piercing the veil- A dodo of a Doctrine (2013) 25 denning LJ 241,243 A Bowden Concealment, Evasion and Piercing the corporate veil: Prest v Peterodel Resources Ltd [2013], Greens Business law, April 2014 Bull S, piercing the corporate veil in England and Singapore [2014] Heinonline C Hare, Piercing the corporate veil in the supreme court (again)- The Cambridge Law Journal, 72 [2013] 511-515 Chrysthis N Papacleovoulou, lifting or piercing, the corporate veil in Cyprus: a doctrine under challenge- an analysis of English and Cyprus case Law analysis (2016) 27 (4) ICCLR D Lightman, Petrodel Resources Ltd v Prest: Where are we now? Trust Trustees (2013) 19 (9):877 J McDonagh, Piercing the corporate veil in the family division: Prest the latest from the court of appeal- Trust and Trustees (2013) 19 (2) 137 J Payne Lifting the corporate veil: A reassessment of the fraud exception Cambridge law Journal, 56 (2) July 1997 Mujih E, Piercing the corporate veil as a remedy after Prest V Petrodel resources Ltd: Inching towards Abolition [2016] Westlaw 17,17 Pey Woan Lee, The Enigma of Veil- Piercing (2015) 26 (1) ICCLR 28, 30 Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) Tan Cheng-Han, Veil piecing- a fresh start (2015) 1 JBL Online Articles Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) http:///www.spearswms.com/expert-analysis-of-the-Prest-judgment/> accessed 8th March 2017 Simon Mcleod- The Corporate Veil And Its Piercing As Clear As? http://gdknowledge.co.uk/the-corporate-veil-and-its-piercing-as-clear-as/ >accessed 20th February 2017 Cases Akzo Nobel NV v Competition Commission [2013] CAT 13 Antonio Gramsci Shipping Corp ors v Aivars Lembergs [2013] EWCA Civ 730 DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Lazarus Estates Ltd v Beasley [1956] 1 QB 702 Prest v Petrodel Resources Ltd UKSC 34, [2013] R v McDowell [2015] EWCA Crim 173 R v Singh [2015] EWCA Crim 173 Salomon v Salomon [1896] UKHL 1 Trustor AB v Smallbone (No 2) [2001] EWHC 703 VTB Capital plc v Nutritek International Corp [2013] UKSC 5 Woolfson v Strathclyde Regional Council [1978] UKHL 5 [1] Prest v Petrodel Resources Ltd UKSC 34, [2013] [2] Spears, Expert analysis of the Prest Judgement (Spears ,11 June 2013) http:///www.spearswms.com/expert-analysis-of-the-Prest-judgment/> accessed 8th March 2017 [3] French D, Mayson S Ryan C, Company law (31st edn, OUP) 127 [4] Salomon v Salomon [1896] UKHL 1 [5] Lord Halsbury Salomon v Salomon [98] [6] Lowry J, and Arad Reisberg, Company Law Corporate Finance (4th Edn, Pearson) 35 [7] Woolfson v Strathclyde Regional Council [1978] UKHL 5 [8] Lazarus Estates Ltd v Beasley [1956] 1 QB 702 [9] Ibid [10] Prest Lord Sumption [16] [11] Woolfson v Strathclyde Regional Council [1978] UKHL 5 [12] Paragraph 90 lord Ketih [13] Prest [103] Lord Clarke [14] Jones v Lipman [15] Trustor AB v Smallbone (No 2) [2001] EWHC 703 [16] Ibid [17] Ibid [92] Lady Hale [18] Jones v Lipman [44] [19] Birds J, Boyle Clark B et al, company Law (9th edn, Jordan Publishing) 60 [20] Prest [28] (lord Sumption) [21] Pret [28] Lord Sumption [22] Ibid [23] Ibid [24] Ibid [35] [25] Alistair Alcock piercing the veil- A dodo of a Doctrine (2013) 25 denning LJ 241,243 [26] Pey Woan Lee, The Enigma of Veil- Piercing (2015) 26 (1) ICCLR 28, 30 [27] Prest [74] Lord Neuberger [28] Prest [69] (lord Neuberger) Alistar Alcock (n 18) 250 [29] Ibid [30] Ibid [31] Ibid [100] Lord Mance [32] Piercing the corporate veil in the family division: Prest the latest from the court of appeal- Trust and Trustees (2013) 19 (2) 137 [33] Piercing the corporate veil in the supreme court (again)- The Cambridge Law Journal, 72 [2013] 511-515 [34] Ibid [103] Lord Clarke [35] Pennyfeathers limited v Pennyfeathers property company limited [2013] EWHC 3530 (Ch) [36] Gramsci. Burton J [101] [37] DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 [38] Antonio Gramsci Shipping Corp ors v Aivars Lembergs [2013] EWCA Civ 730 [39] Ibid [40] VTB Capital plc v Nutritek International Corp [2013] UKSC 5 [41] Bull S, piercing the corporate veil in England and Singapore [2014] Heinonline 39,39 [42] R v Singh [2015] EWCA Crim 173 [43] R v McDowell [2015] EWCA Crim 173 [44] Mujih E, Piercing the corporate veil as a remedy after Prest V Petrodel resources Ltd: Inching towards Abolition [2016] Westlaw 17,17 [45] Akzo Nobel NV v Competition Commission [2013] CAT 13 [46] Simon McLeod- The Corporate Veil And Its Piercing As Clear As? http://gdknowledge.co.uk/the-corporate-veil-and-its-piercing-as-clear-as/ accessed 20th February 2017 [47] Chandler v Cape plc [2012] EWCA Civ 525 [48] Akansha Dubey et al, Family Law (2014) 3(1) 214,217 [49] Tan Cheng-Han, Veil piecing- a fresh start (2015) 1 JBL 20,21 [50] Chrysthis N Papacleovoulou, lifting or piercing, the corporate veil in Cyprus: a doctrine under challenge- an analysis of English and Cyprus case Law analysis (2016) 27 (4) ICCLR 129,130

Ultra Endurance Exercise vs. Endurance Exercise Essay -- Health

Since the dawn of humankind, exercise has been a part of our existence, either consciously or unconsciously. Primal beings would run, climb trees, and sling weapons in order to survive and provide food, clothing, and other lifeline necessities for themselves and their families. As they continue to hunt on a daily basis, they unconsciously would build and maintain their cardiovascular system as they travel further to survive. Approximately 400 BC, the Hippocrates mention about exercise in great detail. If we could give every individual the right amount of nourishment and exercise, not too little and not too much, we would have found the most effective way to sustain good health. Today, we are living in a time of great ideas and new thoughts as people seriously start to study the importance and relevance of physical exercise. Dr. Kenneth Cooper from the Cooper Wellness Institute coined the word â€Å"aerobic† which means living with air. Dr. Cooper added an â€Å"s† at th e end of verb, and a phenomenon has been born. There are 41 types of aerobic exercises as we know it today ranging from walking to stair climbing, swimming to cycling [1]. Society today continues to live longer. In 2009 the average human lifespan of both sexes from birth in the United States is 78.5 years, an increase from 78.1 years in 2008 [2]. This is due to society as a whole making better nutritional choices, cutting out the toxins introduced into their bodies, and establishing and maintaining an exercise program. In result, society today is living longer and healthier. The quote by Scintilla Fly saying, â€Å"more is better and too much is never enough† may work in terms of business and education, but how much is too much in regards from an endurance exercise discipline to u... .... Works Cited 1. Cooper Wellness Institute 2. US Surgeon General, Centers for Disease Control and Prevention. 3. Heather Fink, Lisa A. Burgoon, Alan E. Mikesky , Practical Applications in Sports Nutrition, Ch 12 4. FIT & WELL 8TH Edition By: Thomas D. Fahey, Paul M. Insel, Walton T. Roth 5. Knez WL, Coombes JS, and Jenkins DG. Ultra-endurance exercise and oxidative damage: implications for cardiovascular health. Sports Med. 36:429-441, 2006 6. Gleeson M, Nieman DC, and Pedersen BK. Exercise, nutrition and immune function. J Sport Sci. 22:115-125, 2004 7. Symptomatic hyponatremia during prolonged exercise in heat. Armstrong LE. Curtis WC. Hubbard RW. Francesconi RP.Moore R. Askew EW.Source: Medicine & Science in Sports & Exercise. 25(5):543-9, 1993 May 8. Rehrer NJ. Fluid and electrolyte balance in ultra-endurance sport. Sports Med. 31:701-715, 2001 Ultra Endurance Exercise vs. Endurance Exercise Essay -- Health Since the dawn of humankind, exercise has been a part of our existence, either consciously or unconsciously. Primal beings would run, climb trees, and sling weapons in order to survive and provide food, clothing, and other lifeline necessities for themselves and their families. As they continue to hunt on a daily basis, they unconsciously would build and maintain their cardiovascular system as they travel further to survive. Approximately 400 BC, the Hippocrates mention about exercise in great detail. If we could give every individual the right amount of nourishment and exercise, not too little and not too much, we would have found the most effective way to sustain good health. Today, we are living in a time of great ideas and new thoughts as people seriously start to study the importance and relevance of physical exercise. Dr. Kenneth Cooper from the Cooper Wellness Institute coined the word â€Å"aerobic† which means living with air. Dr. Cooper added an â€Å"s† at th e end of verb, and a phenomenon has been born. There are 41 types of aerobic exercises as we know it today ranging from walking to stair climbing, swimming to cycling [1]. Society today continues to live longer. In 2009 the average human lifespan of both sexes from birth in the United States is 78.5 years, an increase from 78.1 years in 2008 [2]. This is due to society as a whole making better nutritional choices, cutting out the toxins introduced into their bodies, and establishing and maintaining an exercise program. In result, society today is living longer and healthier. The quote by Scintilla Fly saying, â€Å"more is better and too much is never enough† may work in terms of business and education, but how much is too much in regards from an endurance exercise discipline to u... .... Works Cited 1. Cooper Wellness Institute 2. US Surgeon General, Centers for Disease Control and Prevention. 3. Heather Fink, Lisa A. Burgoon, Alan E. Mikesky , Practical Applications in Sports Nutrition, Ch 12 4. FIT & WELL 8TH Edition By: Thomas D. Fahey, Paul M. Insel, Walton T. Roth 5. Knez WL, Coombes JS, and Jenkins DG. Ultra-endurance exercise and oxidative damage: implications for cardiovascular health. Sports Med. 36:429-441, 2006 6. Gleeson M, Nieman DC, and Pedersen BK. Exercise, nutrition and immune function. J Sport Sci. 22:115-125, 2004 7. Symptomatic hyponatremia during prolonged exercise in heat. Armstrong LE. Curtis WC. Hubbard RW. Francesconi RP.Moore R. Askew EW.Source: Medicine & Science in Sports & Exercise. 25(5):543-9, 1993 May 8. Rehrer NJ. Fluid and electrolyte balance in ultra-endurance sport. Sports Med. 31:701-715, 2001

Research Topic Essay

In selection of the research topic which is the first step of research project the researcher needs to be aware of what is going to be searched. Without being clear about research it is difficult to plan the process which needs long time and effort. a. Attributes of a good research topic Research topic can be selected according to the data collected or the data can be collected according to the topic selected based on the preferences of the researcher. Alternatively, some topics can be based on an organization-based piece of applied research, whilst some can be within the subject matter of a course or program. The researcher must be capable, eager and he must have the enough time and finance to do the research. The reality that most research projects are undertaken over at least a six-month period shows that deciding the topic needs careful evaluation. Capability also means researcher must be reasonably certain of gaining access to any data that might be needed to be collected. For m ost topics it is important that the issues within the research are capable of being linked to theory. Most project tutors will argue that one of the attributes of a good topic is clearly defined research questions and objectives. The process of formulating and clarifying your research topic is the most important part of your research topic. Attributes of a research topic do not vary a great deal between universities. The most important of these is that your research topic will meet the requirements of the examining body In selection of the research topic which is the first step of research project the researcher needs to be aware of what is going to be searched. Without being clear about research it is difficult to plan the process which needs long time and effort. a. Attributes of a good research topic Research topic can be selected according to the data collected or the data can be collected according to the topic selected based on the preferences of the researcher. Alternatively, some topics can be based on an organization-based piece of applied research, whilst some can be within the subject matter of a course or program. The researcher must be capable, eager and he must have the enough time and finance to do the research. The reality that most research projects are undertaken over at least a six-month period shows that deciding the topic needs careful evaluation. Capability also means researcher must be reasonably certain of gaining access to any data that  might be needed to be collected. Fo r most topics it is important that the issues within the research are capable of being linked to theory. Most project tutors will argue that one of the attributes of a good topic is clearly defined research questions and objectives. The process of formulating and clarifying your research topic is the most important part of your research topic. Attributes of a research topic do not vary a great deal between universities. The most important of these is that your research topic will meet the requirements of the examining body. In selection of the research topic which is the first step of research project the researcher needs to be aware of what is going to be searched. Without being clear about research it is difficult to plan the process which needs long time and effort. a. Attributes of a good research topic Research topic can be selected according to the data collected or the data can be collected according to the topic selected based on the preferences of the researcher. Alternatively, some topics can be based on an organization-based piece of applied research, whilst some can be within the subject matter of a course or program. The researcher must be capable, eager and he must have the enough time and finance to do the research. The reality that most research projects are undertaken over at least a six-month period shows that deciding the topic needs careful evaluation. Capability also means researcher must be reasonably certain of gaining access to any data that might be needed to be collected. For m ost topics it is important that the issues within the research are capable of being linked to theory. Most project tutors will argue that one of the attributes of a good topic is clearly defined research questions and objectives. The process of formulating and clarifying your research topic is the most important part of your research topic. Attributes of a research topic do not vary a great deal between universities. The most important of these is that your research topic will meet the requirements of the examining body

Bariatric Surgery Essay

Obesity affects more than one-third of U.S. adults (Centers for Disease Control and Prevention). Obesity is defined by World Health Organization as an individual that has a BMI greater than 30. Obesity alone can hinder a person’s daily living lifestyle. However along with obesity come several co-morbidities that can affect a person’s health and lifestyle in a negative way. Obesity related conditions include heart disease, stroke, type two diabetes, hypertension, sleep apnea, and asthma. One alternative solution for obese patients’ to improve their quality of life is bariatric surgery. Bariatric surgery is the only weight loss method proven to achieve lasting, long term results (Kaser & Kukla., 2009, p. 3). Bariatric surgery works on two principals: restriction and malabsorption (Kaser & Kukla. 2009 p. 3). Per Kaser & Kukla on page 3 of the Online Journal of Issues in Nursing there are 3 types of bariatric surgery available; One is the least invasive, uses an adjustable gastric band to adjust the size of the stomach and is reversible. The second one uses a sleeve that reduces the stomach and also eliminates some of the ghrelin hormone that is used to stimulate appetite. The last procedure divides the stomach to create 15-30 ml pouch and is connected directly to the small intestine. This procedure is the most common weight lost surgery performed in the US and makes up 80% of all bariatric procedures (Kaser & Kukla. 2009 p. 3). This paper will discuss the nurse’s role during the pre-op, intra-op, and post-op phases of bariatric surgery, including some of the complications that may arise, proper nursing interventions, and relevant nursing diagnoses with every phase of the patientâ⠂¬â„¢s procedure. Nurses play a large role in caring for patients who have bariatric surgery. The nurses’ role starts in the evaluation phase during office visits and all the way through to post-operative care  including follow up visits. During the preoperative phase the nurse works with the health care team of â€Å"†¦surgeons, dietitians, psychologist, bariatricians†¦during patient evaluation to help reinforce key points for successful surgical weight loss†¦Ã¢â‚¬  (Kaser & Kukla, 2009, p. 2) and provide on-going education regarding the patient’s current diet and future diet, activity, and the available surgical procedure options. The nurse ensures that the surgery is appropriate by ensuring the person has â€Å"†¦.a BMI >40 or BMI >35 along with comorbid conditions, such as cardiovascular disease, sleep apnea, uncontrolled type two diabetes, and/or physical problems interfering with performance of daily activities† (Kaser & Kukla, 2009, p.2). In the obese patient, â€Å"minimizing risk factors is directly connected with patients’ assessment in the preoperative period. Important physiopathologic changes occur in the cardiovascular, respiratory and gastrointestinal systems† (Tanaka, D., & Peniche, A. 2009 p.619). Nursing diagnoses that should be considered for preoperative bariatric surgery would be knowledge deficit, anxiety, nutritional imbalance (more than the body requirements), risk for impaired skin integrity, and ineffective breathing pattern related to morbid obesity and/or comorbidities (Drake, McAuliffe. 2012 p.6). â€Å"The key to an effective and safe bariatric patient handling program is to be prepared prior to the admission† (Muir & Archer-Heese, 2009, pg.2). â€Å"Studies have demonstrated that over 50% of bariatric-surgery patients have a concurrent diagnosis of anxiety, depression, or a psychological disorder† (Kaser & Kukla, 2009, p.6). â€Å"Ensure the patient understands the lifestyle changes that are required for a safe, successful, postoperative course including a lifelong commitment to revised eating patterns, vitamin supplementation, and regular monitoring by their healthcare provider† (Kaser & Kukla, 2009, p. 2). The nurse can provide care during the intraoperative phase by making sure the operating room is sufficient in size, the equipment can accommodate obese patient size by having stretchers with a 1,000 pound capacity and extra width, bariatric bed with expandable deck with power assisted for moving, and a built-in scale (Muir & Kukla 2009 p. 4). Some of the most frequently practiced nursing diagnoses for the patient during bariatric surgery would be risk for ineffective airway, and risk for hypothermia. Bariatric surgery patients are especially susceptible to an ineffective airway during surgery because  these patients â€Å"†¦tend to have decreased lung expansion due to an elevated diaph ragm as well as less compliant lungs and chest walls†¦layers of fat on the chest wall and abdomen along with an elevated diaphragm increase the work of breathing† (Drake, D. J., & Lopez, C. C., 2005, p.5). It is the nurse’s job to closely monitor the patient’s work of breathing during surgery to ensure no complications arise. Along with the post-op phase of bariatric surgery come an array of nursing interventions and much needed education for the patient. While the patient is fully aware of the lifestyle changes they must make before surgery is even performed, it now comes to a point where they must act on those changes with full confidence and tenacity if the procedure is to be a life-long success. Some common nursing diagnoses for post-op bariatric surgery include risk for nutritional imbalance (less than body requirements), risk for infection, risk for unstable blood glucose level, risk for impaired tissue integrity, mainly the tissue lining the stomach, and readiness for enhanced self-health management. Diet must be completely altered following surgery. Bariatric surgery patients are given a â€Å"strict diet post-operatively that regulates the consistency, volume, nutritional and chemical makeup of foods†¦nurses must understand diet recommendations for the immediate postoperative period and ass ist the patient in understanding the importance of adherence† (Drake, D. J., & Lopez, C. C., 2005, p.6). Diet compliance is of great importance, but there are other very important interventions to take into account after bariatric surgery. Three important aspects of nursing care include pain management, wound and skin care, and venous thromboembolism prophylaxis. â€Å"Pulmonary embolism is the second most common cause of mortality in bariatric-surgery patients† (Kaser & Kukla, 2009, p.4). DVT’s and VTE’s can be easily avoided when the proper nursing interventions are practiced. â€Å"†¦turning, coughing, and deep breathing (incentive spirometry) are the tried and true nursing interventions for pulmonary care in the postoperative surgical patient† (Kaser & Kukla, 2009, p.5). As with wound care, patients should be careful with coughing or possible nausea leading to vomiting due to chances of dehiscence of the surgical incision sites. Proper nursing care for wounds should be practiced, including â€Å"observing for signs of infection, and keeping the dressings clean and dry†¦treatment of nausea and prevention of vomiting are important during the postoperative phase† (Kaser  & Kukla, 2009, p.4). In conclusion the nurses’ role goes beyond providing direct nursing care in the preoperative, intraoperative, and postoperative phases. For nurses’ to be successful in caring for bariatric patients they need to look at their own personal attitudes and biases. Make sure they are treating the individual, not making assumption on the person’s character, intelligence, or health status based off their weight, be respectful and do not blame. Nurses need to treat the psychosocial aspect of the specific needs of the bariatric patient by giving them appropriate feedback and encourage healthful behaviors. All of these will make for a successful outcome for the patient. Bariatric surgery is a health promoting and life-sustaining intervention (Drake, D. J., & Lopez, C. C., 2005, p.7). REFERENCES Centers for Disease Control and Prevention. Overweight and Obesity; Retrieved from: http://www.cdc.gov/obesity/data/adult.html Drake, D. J., & Lopez, C. C. (2005). Postoperative nursing care of patients after bariatric surgery. Perspectives, 6, 1-5. Grindel, M., & Grindel, C. (2006). Nursing care of the person having bariatric surgery. MEDSURG Nursing, 15(3), 129-146. Kaser, N., Kukla, A., (January 31, 2009). â€Å"Weight-Loss Surgery†. OJIN: The Online Journal of Issues in Nursing Vol. 14, No. 1, Manuscript 4. Retrieved from: http://nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Vol142009/No1Jan09/Weight-Loss-Surgery.html Tanaka, D., & Peniche, A. (2009). Perioperative care for morbid obese patient undergoing bariatric surgery: challenges for nurses [Portuguese]. Acta Paulista De Enfermagem, 22(5), 618-623.