Wednesday, May 6, 2020
Music Publishing Need in National Copyright Laws
Question: Write an essay on music publishing? Answer: Introduction: Music publishing is termed as a contractual relationship between the music publisher and the songwriter, under such contract music composer assigns all copyrights of the music to the publisher for commercial exploitation of the music (Kidson, 1907). Randal Wixen described Music Publishing is the owing and exploiting of songs in the form of musical copyrights. Development, valuation and protection of the music are the things which are concerned in the business of music publishing. As per contract publisher ensures that with the exploitation of the songs, composer receives the credit and the royals. In other words, songwriter gives the copywrith of the song to the publisher to exploit the song and thus, income generated to be shared by both the parties (Asscher, 1992). In olden times when musical recordings were not introduced, publishers and songwriter generated the income through sale of sheet music. Nowdays songs can be exploited via media which includes recordings, television, film, radio and video. Its the US copyright law which governs music publishing but due to some private contractual agreements some of the music publishing laws is negotiated (Fletcher and Lobato, 2013). The music publishers act as strong intermediaters between the music composers and the record companies. Half of the royalties along with the copyright of the song is enjoyed by the publisher from the music composer (Frith, 1988). A large cash advance by the publisher is made to the promising writer but sometimes this advance can also be minimal and records the songwriter composition with the performance. Its also the duty of publisher to collect royalities and to give songwriter share. Its the publisher who arrange for songs to be placed in television shows, advertisement and films and also assist the writer in obtaining recording contract if the songwriter is also a performer (Garofalo, 1999). The other thing which publisher is to do is collecting royalities and giving the share to songwriter. There are many sources from where the income of publishing comes, but the income generated from retail sale of the recordings is different (Hauser, 1958). The royalities are furthure differentiated into different tpes: Mechanical Royalities are obtained from the sale of recorded music with the right to record, copy and distribute copies of composition and these mechanical royalities are paid separately to the publishers by the recording companies. Each pubisher is required to grant a compulsory license to any one who wish to record a composition that has been in he past released commercially or has already been recorded and in return to this a minimum price is paud to the publisher which is at most of the time judged by the CONGRESS in the US. Normally a private license is taken to record a label on a negociated amount rahtr that to go through the rules and regulations which are basically very rigid and tough under a compulsory license act. In other words every tme your song is manufactured to be sold in the market in the form of a cassette or a cd etc, downloaded on a computer from a site, or on a digital music retail site, or aired through AIR or any other services like spotify , you owe a mechan ical royality.Thus huge /vast money can be collected and earned by way of the mechanical royalties (Popular Music: Education Issue, 1995). If someone buys one of your song and makes 1000 cd of it, you shall definitely be getting royality and that too handsome one, no matter those cds are further ever purchased by any of the buyesr or not.and in similar way if MP3s are made same way you shall be getting your share of job done, rest it may or may not get sold in the market. Performance Royalties: Apart from this tere are some performance royalties, to explain it, these are paid if in case a song is played on AIR (Radio), TV, or is used as back ground music, or in bars, clubs, dance parties etc. These performance royalties are so effective that through this sometimes the money earned may go in millions and trillions of dollars collections, But this is tough for the publisher to sign a performance licenses with all the above described parties, thus to curb up this problem PRO (Performing rights organisations) comes into existence which collects fees on behalf of these publishers or song writers, Some examples or such PRO which exists in the USA are the society of European state authors and composers (SESAC), Broad cast music inc. (BMI), The American society of society and composers, Authors and Publishers (ASCAP). A single publisher/Songwriter has got restricted to get himself registered under a single PRO only as if this is not done and a publisher/Songw riter is registered under several number of PRO there shall be a huge confusion as to which PRO is responsible to collect royalty on his behalf(Eagle, 2004). Recording artists who feels like being cheated by the publishers on account of their royality can very easily drag such publishers into the court, in future as well so many high profile artists has sued publishers on the above cheating basis, the best example has been the case of all time Dance super star Michael Jacksonwho had launched a suit under law against the Universal Music Group in the year 1980sclaiming for the unpaid royality that the company in concern has not paid to him, Sometimes even musicians also sue each other for infringement of copy rights (Eagle, 2004). There has been some important and famous cases in this regard ie Three boys music corporation Vs Bolton ,212 F .3d 477 (9th Cir. 2000). In starting years of 2000, The invention of music sharing through Internet has completed changed the face of recording industry ithrough out the world.With this any person can not download any song and save them at their desktops, things has become so easy now, thus this also gave birth to series of lawsuits in the music industry as well. Music piracy became a very important issue to deal with although prompt care was taken by the creators of file sharing software. In a noted case of the recording industry association of American (RIAA) some 261 cases were registered and filed against individuals who have downloaded these songs from the internet (SCHNOEBELEN, 1997). The situation had now become very awkward and disturbing, and the new technology has made the situation very alarming and significant that the matter now has to be tackled very carefully and continuously (Lazlo, 1979). Its publishing the primary source of income where the singers writing their own composition makes a lot of money but the funds gets transferred to the person who possesses the copyrights. We should now know this thing that it is not always that the person who sings a song is the owner of it, it my be prepared by one and then later sold in liew of funds to another person, and the buying person gets it registered and make its copyrights on his name and thue becomes the real owner of the same, now the real story of earning money starts as no one other than the copyrights holder of the song has got the permission to run that song until or unless it is permitted by the copyrights holder to do so, The money that you earn by that song is publishing, now the more famous your song will be the more money you shall earn from it, as ther shall be more and more people who wish to sing it or see its video (Sigman, 1988). Basically there ar many types of areas with which you earn money ie performan ce, Mechanical, print of that song and its synchronization. Performance and mechanical ways are the ways that earn you better/more money as compared to rest of the ways. Printing mode is the mode that allows an owner to earn money each and every time his concerned song has been printed or its lyrics are published, though it is not a manner to earn high money, but still even lesser money comes in, but money is money (Spencer, 1992). Synchronization license are a different type of as it is concerned with visual effects. Commercial, videos and sound tracks are some of the most important and bset examples of this concerned. Normally the money that come in by this way is huge and it can un doubtly be called as the best source of money generation licenses. The length of the commercial shall definitely change the money generation from it, also the popularity of that particular commercial, song or video shall effect the money incoming prospect, definitely there is no limit to the figures th at can be definitely earned from this. Most of the publishing companies all over the world likes that you carry forward all the problems that you face upon that concerned company and pay them half of the earings that you shall receive each and every time that concerned commercial, song etc is played, as an artist you may try to refrain from this but in case you do not apply for their assistance you may fall into serious complications as now you may have to track the running of that song in your country or probably through out the world, which in itself is a very hard task to follow up with (COOPER, 1938). Thus it is always recommended that we should always sign with a company which has got very huge relationships and branch image in the market. There may also be a possibility that the company may be very big brand holder but it must also be very just, as they may through their influence ever steel that thing from you, and you being a mere thing in front of them losses you actual hard work and creation, thus the publishing company should always be of clear character and sound background. Now some times you still feel the danger of getting exploited, then the only learned step to take at this time is to go for creation /start of a new company of your own. It is always good to hire a company who is trustworthy and who handles your songs with full faith and commitment, so that you do not end up in a mess (Stroh and Verhaalen, 1970). There are so many publishing contract which are associated with the music publishing agreement and this i of prompt importance that one should have through knowledge of these as well, Some of these are as follow ----- 1 ) Single Song Agreement. As the name suggest this deal is an agreement between the writer of the song and its publisher in which the former person gransts rights to the latter one to set for publication of 1 or at the most 2 songs and in such type of agreement the a one time recoupable payment is made. 2) Exclusive Song Writer Contract Such agreement in which the entire songs written and published with in a stipulated period of ime come into existence, thus any type of composition which is made by a writer in an affixed tenure of time belongs directly to the music publisher. 3 ) Co Publishing Agreement. The most common publishing agreement is the Co publishing agreement , which is also called as Co-Pub, under this both the writer and the publisher are the co owners of the song or each song thus made. This is made upon a pre decided share of the royality which is the outcome from that song, or commercial or video (Kidson, 1907). The share usually in this aspect is 50:50, but this may vary depending upon the experience or market value of any one of the parties, suppose if in case the writr is a new one and on the other habnd if the publisher is of quite renowned personality, the share may even go to 25:75 or vice versa, or it may even come down to 15:85 as well (Underwood, 1996). 4) Administration Agreement This type of agreement takes place between a writer/publisher and other music publisher, in this type of contract the writer himself publishes the concerned song and merely licenses the song to the music publisher for a certain tenure/term (Hoffman, 1948). Although this should always be kept in mind that the ownership of the cyrights are not transferable to the admistrator, but the publisher gets around 10-20% of the income generated from this (Royality). 5 ) Collection Agreement. This type of agreement is almost similar to that of the Admin deal whre the copyrights are retained by the writer except this that the exploitation functions such as business manager or accountant are not performed by the publisher. 6) Sub Publishing Agreement. Basically the deals which are done in Forgein countries or at forgein territories where there is no transfer of copyrights ownership is performed to the sub publisher, but this is also limited to 1 or more that 1 countries which falls under forgein origin.ofter this kind of agreement is mostly restricted to the Australia, European, Switzerland or Latin American countries. 7 ) Purchase Agreement. Under this type of agreement a music publisher acquires some rights or evn whole rights of another music publisher, which may also be considered as some what like merger of companies.Concept of Due diligence is run in this type of cases so that no disputes may arise in future (Author agreement and copyright, 2003). Collection societies are organisations handling the function of right management, these rights owners perfoms the following duties All non exclusive licenses are sold by them. Royalties are collected by them. All the royalties thus collected are distributed as agreed at the beginnening by them. They also ger indulged into entering into contracts with other collecting societies. Look that their rights and enforced. Conclusion Now as we have gone through all the concepts pros and cons and royality distribution, and there after the impact of introduction of internet and changes that came as dramatic by nature and disputes which arose at that times, and other all concepts which concerns this music publishing concept, we conclude that this concept is very vast and fast grown, this involves so many complications and arrangements to tackle these complications, and its future hazards. The information which has been discussed above have provided us with the clear picture that how this music industry is atructured and what all changes has come during this journey since its inception. The above has streamlined both ways of the argument. The concept of music piracy has been come in existence much due to this music industry; it has also given brth to downloading of any of the music or commercial and is particularly called as peer to peer networks. Thus this is completed true if we say that the money which a writer ea rn on behalf of his song being published or bought into live performances are such huge and unexpected that this may surprise even almost all the human generation (Jackson and Sant, 1985). The best part is to make a company of your own so as to safe guard the risk which may emerge on account of getting trapped into the hands of some bigger and popular music publishing companies (Kidson, 1907) References Asscher, M. (1992). What publishers need in national copyright laws.Publishing Research Quarterly, 8(2), pp.21-26. Author agreement and copyright. (2003).Journal of Midwifery Women's Health, 48(4), pp.A23-A23. COOPER, M. (1938). LISZT AS A SONG WRITER.Music and Letters, XIX(2), pp.171-181. Eagle, B. (2004). Predicting Black Musical Innovation and Integration: The 1850 Mance Index for Appalachia.Black Music Research Journal, 24(1), p.73. Fletcher, L. and Lobato, R. (2013). Living and Labouring as a Music Writer.CSR, 19(1), p.155. Frith, S. (1988). Copyright and the music business.Popular Music, 7(01), p.57. Garofalo, R. (1999). From Music Publishing to MP3: Music and Industry in the Twentieth Century.American Music, 17(3), p.318. Hauser, A. (1958). American Music Publishing in 1958.Notes, 15(3), p.377. Hoffman, M. (1948). Go Ahead and Sign That Contract!.Music Educators Journal, 34(6), p.9. Jackson, R. and Sanjek, R. (1985). From Print to Plastic: Publishing and Promoting America's Popular Music (1900-1980).American Music, 3(4), p.494. Kidson, F. (1907). Old-Time Music Publishing.The Musical Times, 48(771), p.303. Lazlo, D. (1979). New Music Distribution Service.Computer Music Journal, 3(2), p.5. Lund, J. (n.d.). Fixing Music Copyright.SSRN Journal. Music. (1981).Early Music, 9(2), pp.267-267. Popular Music: Education Issue. (1995).Popular Music, 14(01), p.127. SCHNOEBELEN, A. (1997). The Relities of the music publishing word.Early Music, XXV(2), pp.349-349. Sigman, M. (1988). A Serious Look at Serious Music Publishing.Music Educators Journal, 74(7), p.38. Spencer, G. (1992). Music Publishing and Music Representation in the Technological Age: A Symposium.Computer Music Journal, 16(3), p.96. Stroh, D. and Verhaalen, S. (1970). Publishing: Who Gains?.Music Educators Journal, 56(8), p.18. Underwood, K. (1996). Archival Guidelines for the Music Publishing Industry.Notes, 52(4), p.1112.
Sunday, May 3, 2020
Ovarian Cancer Essay Summary Example For Students
Ovarian Cancer Essay Summary Of all gynecologic malignancies, ovarian cancer continues to have thehighest mortality and is the most difficult to diagnose. In the United Statesfemale population, ovarian cancer ranks fifth in absolute mortality among cancer related deaths (13,000/yr). In most reported cases, ovarian cancer, when first diagnosed is in stages III or IV in about 60 to 70% of patients which further complicates treatment of the disease (Barber, 3).Early detection in ovarian cancer is hampered by the lack of appropriate tumor markers and clinically, most patients fail to develop significantsymptoms until they reach advanced stage disease. The characteristics of ovarian cancer have been studied in primary tumors and in established ovarian tumor cell lines which provide a reproducible source of tumor material. Among the major clinical problems of ovarian cancer, malignant progression,rapid emergence of drug resistance, and associated cross-resistance remain unresolved. Ovarian cancer has a high frequency of metastasis yet generally remains localized within the peritoneal cavity. Tumor development has beenassociated with aberrant, dysfunctional expression and/or mutation ofvarious genes. This can include oncogene overexpression, amplification or mutation, aberrant tumor suppressor expression or mutation. Also, subversion of host antitumor immune responses may play a role in the pathogenesis of cancer (Sharp, 77). Ovarian clear cell adenocarcinoma was first described by Peham in 1899 ashypernephroma of the ovary because of its resemblance to renal cell carcinoma. By 1939, Schiller noted a histologic similarity to mesonephric tubules andclassified these tumors as mesonephromas.In 1944, Saphir and Lackner described two cases of hypernephroid carcinoma of the ovary and proposed clear celladenocarcinoma as an alternative term. Clear cell tumors of the ovary are now generally considered to be of mullerian and in the genital tract of mullerian origin. A number of examples of clear cell aden ocarcinoma have been reported to arise from the epithelium of an endometriotic cyst (Yoonessi, 289). Occasionally, a renal cell carcinoma metastasizes to the ovary and may be confused with a primary clear cell adenocarcinoma.Ovarian clear cell adenocarcinoma (OCCA) has been recognized as a distincthistologic entity in the World Health Organization (WHO) classification of ovariantumors since 1973 and is the most lethal ovarian neoplasm with an overall five yearsurvival of only 34% (Kennedy, 342). Clear cell adenocarcinoma, like most ovariancancers, originates from the ovarian epithelium which is a single layer of cells found onthe surface of the ovary.Patients with ovarian clear cell adenocarcinoma are typicallyabove the age of 30 with a median of 54 which is similar to that of ovarian epithelialcancer in general. OCCA represents approximately 6% of ovarian cancers and bilateralovarian involvement occurs in less that 50% of patients even in advanced cases. The association of OCCA and endometriosis is well documented (De La Cuesta,243). This was confirmed by Kennedy et al who encountered histologic or intraoperative evidence of endometriosis in 45% of their study patients. Transformationfrom endometriosis to clear cell adenocarcinoma has been previously demonstrated insporadic cases but was not observed by Kennedy et al. Hypercalcemia occurs in asignificant percentage of patients with OCCA. Patients with advanced disease are moretypically affected than patients with nonmetastatic disease. Patients with OCCA are alsomore likely to have Stage I disease than are patients with ovarian epithelial cancer ingeneral (Kennedy, 348). Histologic grade has been useful as an initial prognostic determinant in some studiesof epithelial cancers of the ovary. The grading of ovarian clear cell adenocarcinoma hasbeen problematic and is complicated by the multiplicity of histologic patterns found inthe same tumor. Similar problems have been found in attempted grading of clear celladenocarcinoma of the endometrium (Disaia, 176). Despite these problems, tumorgrading has been attempted but has failed to demonstrate prognostic significance. However, collected data suggest that low mitotic activity and a predominance of clearcells may be favorable histologic features (Piver, 136). Risk factors for OCCA and ovarian cancer in general are much less clear than forother genital tumors with general agreement on two risk factors: nulliparity and familyhistory. There is a higher frequency of carcinoma in unmarried women and in marriedwomen with low parity. Gonadal dysgenesis in children is associated with a higher riskof developing ovarian cancer while oral contraceptives are associated with a decreasedrisk. Genetic and candidate host genes may be altered in susceptible families. Amongthose currently under investigation is BRCA1 which has been associated with anincreased susceptibility to breast cancer. Approximately 30% of ovarian adenocarcinomas express high levels of HER-2/neu oncogene which correlates with a poor prognosis (Altcheck, 375-376). Mutations in host tumor suppresser gene p53 are found in 50% of ovarian carcinomas. There also appears to be a racial predilection, as the vast majority of cases are seen in Caucasians (Yoonessi, 295). Considerable variation exists in the gross appearance of ovarian clear celladenocarcinomas and they are generally indistinguishable from other epithelial ovariancarcinomas. They could be cystic, solid, soft, or rubbery, and may also containhemorrhagic and mucinous areas (ODonnell, 250). Microscopically, clear cellcarcinomas are characterized by the presence of variable proportions of clear and hobnailcells. The former contain abundant clear cytoplasm with often centrally located nuclei,while the latter show clear or pink cytoplasm and bizarre basal nuclei with atypicalcytoplasmic intraluminal projections. The cellular arrangement may be tubulo acinar,papillary, or solid, with the great majority displaying a mixture of these patterns. Thehobnail and clear cells predominate with tubular and solid forms, respectively (Barber,214). Clear cell adenocarcinoma tissue fixed with alcohol shows a high cytoplasmicglycogen content which can be shown by means of special staining techniques. Abundant extracellular and rare intracellular neutral mucin mixed with sulfate andcarboxyl group is usually present. The clear cells are recognized histochemically andultrastructurally (short and blunt microvilli, intercellular tight junctions and desmosomes,free ribosomes, and lamellar endoplasmic reticulum). The ultrastructure of hobnail andclear cells resemble those of the similar cells seen in clear cell carcinomas of theremainder of the female genital tract (OBrien, 254). A variation in patterns of histologyis seen among these tumors and frequently within the same one. Whether both tubular components with hobnail cells and the solid part with clear cellsare required to establish a diagnosis or the presence of just one of the patterns issufficient has not been clearly established. Fortunately, most tumors exhibit a mixture ofthese components. Benign and borderline counterparts of clear cell ovarianadenocarcinomas are theoretical possibilities. Yoonessi et al reported that nodalmetastases could be found even when the disease appears to be grossly limited to thepelvis (Yoonessi, 296). Examination of retroperitoneal nodes is essential to allow formore factual staging and carefully planned adjuvant therapy. Surgery remains the backbone of treatment and generally consists of removal of theuterus, tubes and ovaries, possible partial omentectomy, and nodal biopsies. Theeffectiveness and value of adjuvant radiotherapy and chemotherapy has not been clearlydemonstrated. Therefore, in patients with unilateral encapsulated lesions andhistologically proven uninvolvement of the contralateral ovary, omentum, and biopsiednodes, a case can be made for (a)no adjuvant therapy after complete surgical removaland (b) removal of only the diseased ovary in an occasional patient who may be youngand desirous of preserving her reproductive capacity (Altchek, 97). In the more adv-anced stages, removal of the uterus, ovaries, omentum, and as much tumor as possiblefollowed by pelvic radiotherapy (if residual disease is limited to the pelvis) orchemotherapy must be considered. The chemotherapeutic regimens generally involveadriamycin, alkylating agents, and cisPlatinum containing combinations (Barber, 442). OCCA is of epithelial origin and often contains mixtures of other epithelial tumorssuch as serous, mucinous, and endometrioid. Clear cell adenocarcinoma is characterizedby large epithelial cells with abundant cytoplasm. Because these tumors sometimesoccur in association with endometriosis or endometrioid carcinoma of the ovary andresemble clear cell carcinoma of the endometrium, they are now thought to be ofmullerian duct origin and variants of endometrioid adenocarcinoma. Clear cell tumors ofthe ovary can be predominantly solid or cystic. In the solid neoplasm, the clear cells arearranged in sheets or tubules. In the cystic form, the neoplastic cells line the spaces. Five-year survival is approximately 50% when these tumors are confined to the ovaries,but these tumors tend to be aggressive and spread beyond the ovary which tends to make5-year survival highly unlikely (Altchek, 416). Some debate continues as to whether clear cell or mesonephroid carcinoma is aseparate clinicopathological entity with its own distinctive biologic behavior and naturalhistory or a histologic variant of endometrioid carcinoma. In an effort to characterizeclear cell adenocarcinoma, Jenison et al compared these tumors to the most common ofthe epithelial malignancies, the serous adenocarcinoma (SA). Histologically determinedendometriosis was strikingly more common among patients with OCCA than with SA. Other observations by Jenison et al suggest that the biologic behavior of clear celladenocarcinoma differs from that of SA. They found Stage I tumors in 50% of theobserved patient population as well as a lower incidence of bilaterality in OCCA(Jenison, 67-69). Additionally, it appears that OCCA is characteristically larger thanSA, possibly explaining the greater frequency of symptoms and signs at presentation. Risk FactorsThere is controversy regarding talc use causing ovarian cancer. Unt il recently, mosttalc powders were contaminated with asbestos. Conceptually, talcum powder on theperineum could reach the ovaries by absorption through the cervix or vagina. Sincetalcum powders are no longer contaminated with asbestos, the risk is probably no longerimportant (Barber, 200). The high fat content of whole milk, butter, and meat productshas been implicated with an increased risk for ovarian cancer in general. The Centers for Disease Control compared 546 women with ovarian cancer to 4,228controls and reported that for women 20 to 54 years of age, the use of oralcontraceptives reduced the risk of ovarian cancer by 40% and the risk of ovarian cancerdecreased as the duration of oral contraceptive use increased. Even the use of oralcontraceptives for three months decreased the risk. The protective effect of oralcontraceptives is to reduce the relative risk to 0.6 or to decrease the incidence of diseaseby 40%. There is a decreased risk as high as 40% for women who have had fo ur ormore children as compared to nulliparous women. There is an increase in the incidenceof ovarian cancer among nulliparous women and a decrease with increasing parity. Theincessant ovulation theory proposes that continuous ovulation causes repeated traumato the ovary leading to the development of ovarian cancer. Incidentally, having two ormore abortions compared to never having had an abortion decreases ones risk ofdeveloping ovarian cancer by 30% (Coppleson, 25-28). Consequences Of The Black Death EssayCurrently there are several serum markers that are available to help make a diagnosis. These include CA 125, CEA, DNB/70K, LASA-P, and serum inhibin. Recently theurinary gonadotropin peptide (UCP) and the collagen-stimulating factor have beenadded. Although the tumor markers have a low specificity and sensitivity, they are oftenused in screening for ovarian cancer. A new tumor marker CA125-2 has greaterspecificity than CA125. In general, tumor markers have a very limited role in screeningfor ovarian cancer. The common epithelial cancer of the ovary is unique in killing the patient while being,in the vast majority of the cases, enclosed in the anatomical area where it initiallydeveloped: the peritoneal cavity. Even with early localized cancer, lymph nodemetastases are not rare in the pelvic or aortic areas. In most of the cases, death is due tointraperitoneal proliferation, ascites, protein loss and cachexia. The concept ofdebulking or cytoreduct ive surgery is currently the dominant concept in treatment. The first goal in debulking surgery is inhibition of debulking surgery is inhibition ofthe vicious cycle of malnutrition, nausea, vomiting, and dyspepsia commonly found inpatients with mid to advanced stage disease. Cytoreductive surgery enhances theefficiency of chemotherapy as the survival curve of the patients whose largest residualmass size was, after surgery, below the 1.5 cm limit is the same as the curve of thepatients whose largest metastatic lesions were below the 1.5 cm limit at the outset(Altchek, 422-424). The aggressiveness of the debulking surgery is a key question surgeons must facewhen treating ovarian cancers. The debulking of very large metastatic masses makes nosense from the oncologic perspective. As for extrapelvic masses the debulking, even ifmore acceptable, remains full of danger and exposes the patient to a heavy handicap. For these reasons the extra-genital resections have to be limited to lymphadenectomy,omentectomy, pelvic abdominal peritoneal resections and rectosigmoid junctionresection. That means that stages IIB and IIC and stages IIIA and IIB are the only trueindications for extrapelvic cytoreductive surgery. Colectomy, ileectomy, splenectomy,segmental hepatectomy are only exceptionally indicated if they allow one to perform areal optimal resection. The standard cytoreductive surgery is the total hysterectomy withbilateral salpingoophorectomy. This surgery may be done with aortic and pelvic lymphnode sampling, omentectomy, and, if necessary, resection of the rectos igmoidal junction(Barber. 182-183). The concept of administering drugs directly into the peritoneal cavity as therapy ofovarian cancer was attempted more than three decades ago. However, it has only beenwithin the last ten years that a firm basis for this method of drug delivery has becomeestablished. The essential goal is to expose the tumor to higher concentrations of drugfor longer periods of time than is possible with systemic drug delivery. Several agentshave been examined for their efficacy, safety and pharmacokinetic advantage whenadministered via the peritoneal route. Cisplatin has undergone the most extensive evaluation for regional delivery. Cisplatinreaches the systemic compartment in significant concentrations when it is administeredintraperitoneally. The dose limiting toxicity of intraperitoneally administered cisplatin isnephrotoxicity, neurotoxicity and emesis. The depth of penetration of cisplatin into theperitoneal lining and tumor following regional delivery is only 1 to 2 mm from thesurface which lim its its efficacy. Thus, the only patients with ovarian cancer who wouldlikely benefit would be those with very small residual tumor volumes. Overall,approximately 30 to 40% of patients with small volume residual ovarian cancer havebeen shown to demonstrate an objective clinical response to cisplatin-based locallyadministered therapy with 20 to 30% of patients achieving a surgically documentedcomplete response. As a general rule, patients whose tumors have demonstrated aninherent resistance to cisplatin following systemic therapy are not considered fortreatment with platinum-based intraperitoneal therapy (Altchek, 444-446). In patients with small volume residual disease at the time of second look laparotomy,who have demonstrated inherent resistance to platinum-based regimens, alternativeintraperitoneal treatment programs can be considered. Other agents includemitoxantrone, and recombinant alpha-interpheron. Intraperitoneal mitoxanthone hasbeen shown to have definite activity in small volume residual platinum-refractory ovariancancer. Unfortunately, the dose limiting toxicity of the agent is abdominal pain andadhesion formation, possibly leading to bowel obstruction. Recent data suggests thelocal toxicity of mitoxanthone can be decreased considerably by delivering the agent inmicrodoses. Ovarian tumors may have either intrinsic or acquired drug resistance. Manymechanisms of drug resistance have been described. Expression of the MDR1 gene thatencodes the drug efflux protein known as p-glycoprotein, has been shown to confer thecharacteristic multi-drug resistance to clones of some cancers. The most widelyc onsidered definition of platinum response is response to first-line platinum treatmentand disease free interval. Primary platinum resistance may be defined as any progressionon treatment. Secondary platinum resistance is the absence of progression on primaryplatinum-based therapy but progression at the time of platinum retreatment for relapse(Sharp, 205-207). Second-line chemotherapy for recurrent ovarian cancer is dependent on preferences ofboth the patient and physician. Retreatment with platinum therapy appears to offersignificant opportunity for clinical response and palliation but relatively little hope forlong-term cure. Paclitaxel (trade name: Taxol), a prototype of the taxanes, is cytotoxicto ovarian cancer. Approximately 20% of platinum failures respond to standard doses ofpaclitaxel. Studies are in progress of dose intensification and intraperitonealadministration (Barber, 227-228). This class of drugs is now thought to represent anactive addition to the platinum analogs, either as primary therapy, in combination withplatinum, or as salvage therapy after failure of platinum. In advanced stages, there is suggestive evidence of partial responsiveness of OCCA toradiation as well as cchemotherapy, adriamycin, cytoxan, and cisPlatinum-containingcombinations (Yoonessi, 295). Radiation techniques include intraperitoneal radioactivegold or chromium phosphate and external beam therapy to the abdomen and pelvis. Therole of radiation therapy in treatment of ovarian canver has diminished in prominence asthe spread pattern of ovarian cancer and the normal tissue bed involved in the treatmentof this neoplasm make effective radiation therapy difficult. When the residual diseaseafter laparotomy is bulky, radiation therapy is particularly ineffective. If postoperativeradiation is prescribed for a patient, it is important that theentire abdomen and pelvis areoptimally treated to elicit a response from the tumor (Sharp, 278-280). In the last few decades, the aggressive attempt to optimize the treatment ofovarian clear cell adenocarcinoma and ovarian cancer in general has seen remarkableimprovements in the response rates of patients with advanced stage cancer withoutdramatically improving long-term survival. The promises of new drugs with activitywhen platinum agents fail is encouraging and fosters hope that, in the decades to come,the endeavors of surgical and pharmacoogical research will make ovarian cancer aneasily treatable disease. BibliographyAltchek, A., ; Deligdisch, L. (1996). Diagnosis and Management of Ovarian Disorders. New York: Igaku Shoin. Barber, H. (1993). Ovarian Carcinoma: Etiology, Diagnosis, and Treatment. New York: Springer Verlag. Coppleson, M. (Ed.). (1981). Gynecologic Oncology (vol. 2). New York: ChurchillLivingstone. Current Clinical Trials Oncology. (1996). Green Brook, NJ: Pyros Education. De La Cuesta, R., ; Eichorn, J. (1996). Histologic transformation of benignendometriosis to early epithelial ovarian cancer. Gynecologic Oncology, 60, 238-244. Disaia, P, ; Creasman, W. (1989). Clinical Gynecologic Oncology (3rd ed.). St. Louis:Mosby. Jenison, E., Montag, A., ; Griffiths, T. (1989). clear cell adenocarcinoma of the ovary: a clinical analysis and comparison with serous carcinoma. Gynecologic Oncology,32, 65-71. Kennedy, A., ; Biscotti, C. (1993). Histologic correlates of progression-free interval andsurvival in ovarian clear cell adenocarcinoma. Gynecologic Oncology, 50, 334-338. Kennedy, A., ; Biscotti, C. (1989). Ovarian clear cell adenocarcinoma. GynecologicOncology, 32, 342-349. OBrien, M., Schofield, J., Tan, S. (1993). Clear cell epithelial ovarian cancer: Badprognosis only in early stages. Gynecologic Oncology, 49, 250-254. ODonnell, M, ; Al-Nafussi, A. (1995). Intracytoplasmic lumina and mucinous inclusionsin ovarian carcinoma. Histopathology, 26, 181-184. Piver, S. (Ed.). (1987). Ovarian Malignancies. New York: Churchill Livingstone. Sharp, F., Mason, P., Blackett, T., ; Berek, J. (1995). Ovarian Cancer 3. New York: Chapman ; Hall Medical. Yamada, K., ; Kiyoshi, O. (1995). Monoclonal antibody, Mab 12C3, is a sensitiveimmunohistochemical marker of early malignant change in epithelial ovarian tumors. Anatomic Pathology, 103, 288-294. Yoonessi, M., Weldon, D., ; Sateesh, S. (1984). Clear cell ovarian carcinoma. Journalof Surgical Oncology, 27, 289-297.
Thursday, March 26, 2020
Compare and Contrast Essay Feminist movement
Gender issues in terms of family care have experienced a severe transformation with the outbreak of the feminist movement in the middle of the past century. The modern movement introduced a change in peopleââ¬â¢s perceptions about family roles as well as self-perception.Advertising We will write a custom essay sample on Compare and Contrast Essay: Feminist movement specifically for you for only $16.05 $11/page Learn More Women started to recognize themselves as not only performing the service roles for children and husbands, but as independent breadwinners and professional works, and men have expanded their outreach beyond the measures of a professional career. As Athenstaedt, Heinzle, and Lerchbaumer (266) stated, gender-traits and self-categorization have become more mixed and blurred between genders. Clifton, Mcgrath, and Wick (135) supported this finding, stating that there are many more subcategories for the definition of womenââ¬â¢s nature ap pearing in response to their richer social roles and life. Thus, it is possible to suppose that the past century has served a breaking point in the reconceptualization of gender roles, with more freedom given to women, and more transcendence of home and family responsibilities between genders. There has been much effort dedicated to the struggle for the rights of women; they used to be very much stereotyped, and their social role was rarely seen beyond a house and a family. The essay of Judy Brady proves the point, showing the sarcasm and bitterness about the conventions women got used to and, which is even worse, in which men got used to seeing their women. There are much irony and repetition in Bradyââ¬â¢s essay ââ¬â the author tries to resemble the style of a small child speaking about his wife and a family to compare his cognition and considerations with the low level of a childââ¬â¢s development. The metaphor Bray may be trying to employ with the usage of this style i s to show how primitive and unreasonable the menââ¬â¢s assumptions about women are. To understand the point, one can consider a couple of citations from the essay. Justifying the point of giving a wife, Brady states that the ideal woman for her is ââ¬Å"a wife who will work and send me to schoolâ⬠(Brady 275), ââ¬Å"a wife who is a good nurturant attendant to the childrenâ⬠¦who arranges to be around when the children need special care, because, of course, I cannot miss classes at schoolâ⬠(Brady 276). The present fragments show how arrogant and selfish the imposed duties and characteristics of women look from a detached viewpoint. The author shows how hard it may be to be a woman, to cater for the needs of the whole family, to ignore oneââ¬â¢s own needs for the sake of others, and to sacrifice a job, free time, and self-realization for oneââ¬â¢s husband.Advertising Looking for essay on gender studies? Let's see if we can help you! Get your first paper w ith 15% OFF Learn More The essay of Judy Brady was published in the 1970s; Glenn Sacks is a writer who touched upon the same point in gender issues thirty years after the call for equality in home and family matters made by her. Glenn Sacks is a male writer, which distinguishes him from the majority of writers on gender issues ââ¬â there is rarely a man found who protects the standpoint of women and speaks sympathetically about the social change as it manifests itself for men. Sacks published an essay ââ¬Å"Stay-at-Home Dadsâ⬠in 2002, reflecting on the ability of a man to become a caregiver to children staying at home and letting his wife become the primary breadwinner. Sacks (277) noted in his essay that men commonly refuse from being primary caregivers and make women sacrifice their career in case the family couple decides to have a child. However, Sacks does not approve of this choice, since he is a living example of a father who decided to take the majority o f household and child-rearing responsibilities for the sake of his wifeââ¬â¢s professional development. His feedback about being a stay-at-home father is very positive, but Sacks still emphasizes a set of challenges that society imposes on such choices and stereotyping as well as disapproval that community members have towards stay-at-home fathers. The main idea of Sacksââ¬â¢ essay is to show that despite the fundamental transformations in the family roles, society is still living with old-fashioned beliefs and stereotypes. Despite the strength of the feminist movement and the granted equality for women, they are urged to refuse from their professional aspirations for the sake of their families, while men, even making the conscious choice for staying at home and taking care of the family issues, remain even more isolated than women since they have no mates in this ââ¬Ëprofessionââ¬â¢. Women are perceived as inferior to men at the workplace even in the third millennium, a nd the reason for this is not in the legislation, but in peopleââ¬â¢s heads ââ¬â even the writer confesses to thinking disapprovingly about a man who sits at home with children, even despite the fact that he performs similar functions at his home. The present two essays have some similarities since they both refer to the family roles as perceived within one family, and their social roles perceived at a broader scale. Both Brady and Sacks indicate that much inequality exists between men and women even despite the overall movement for equality, and stereotypes about women associated with housewives, and men as breadwinners, are still active in the modern society.Advertising We will write a custom essay sample on Compare and Contrast Essay: Feminist movement specifically for you for only $16.05 $11/page Learn More However, the essays have several distinctions; first of all, they are written by the representatives of opposite genders, and the time di fference between their publications is about 30 years. Brady focused more on the inner feelings of women being discriminated, and men manipulating and dominating women, using them, and distinguishing them in all aspects of family and social life. Sacks, in contrast, concentrated on the hard process of change and transformation of social roles, and the challenges that both men and women face on that way. Sacks indicated the tough position of men staying at home, which did not diminish the womenââ¬â¢s life complexities, and imposed even additional responsibilities on them as breadwinners not free and flexible in making career choices. Hence, the article of Sacks is more realistic in terms of adequate, objective assessment of both domains for both genders, and more informative in terms of potential obstacles both men and women face in the effort of change. The present paper shows that gender issues have become popular in the past century, but they are topical nowadays as well. Women suffer from inequality, and men taking female responsibilities are misunderstood. The progress in gender roles is evident, but still, there is a long way to cover to establish full-scale equality for genders. Works Cited Athenstaedt, Ursula, Heinzle, Cornelia, and Gudrun Lerchbaumer. ââ¬Å"Gender subgroup self-categorization and gender role self-concept.â⬠Sex Roles (2008) 58: 266-278. Brady, Judy. ââ¬Å"Why I want a wife.â⬠The Blair Reader: Exploring Issues and Ideas. Ed. Kirszner, G. Laurie, and Stephen R. Mandell. New York: Prentice Hall (Pearson), 2011. 275-277. Clifton, A. Kay, Mcgrath, Diane, and Bonnie Wick. ââ¬Å"Stereotypes of woman: A single category?â⬠Sex Roles (1976) 2.2: 135-148.Advertising Looking for essay on gender studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Sacks, Glenn. ââ¬Å"Stay-at-Home Dads.â⬠The Blair Reader: Exploring Issues and Ideas. Ed. Kirszner, G. Laurie, and Stephen R. Mandell. New York: Prentice Hall (Pearson), 2011. 277-280. This essay on Compare and Contrast Essay: Feminist movement was written and submitted by user Randy Singleton to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Friday, March 6, 2020
Do You Need a High School Diploma
Do You Need a High School Diploma SAT / ACT Prep Online Guides and Tips If you didn't graduate from high school, going back and finishing it so you can finally get your high school diploma is a practical step. But if youââ¬â¢re an adult well past your teenage years, the prospect of going back to high school can be pretty intimidating.Fortunately, there are alternative ways adults can earn a high school diploma. Read on to learn more about what the general steps are for getting a high school diploma, how important having the physical diploma is, whether you can attend college without a high school diploma, and what your options are for legitimate adult high school diploma programs. Do You Need to Graduate to Get a High School Diploma? In general, to earn a high school diploma in the US, you need to have completed 12th grade and graduated high school. More specifically, you need to have met all of your stateââ¬â¢s graduation requirements and taken all required courses. This is the most common path for getting a high school diploma. But what if you left high school before you had the chance to graduate? In this case, you can get a high school diploma by taking the classes you need to fulfill your stateââ¬â¢s high school graduation and credit requirements. For example, if you were one English course short of graduating, you could enroll in an adult high school diploma program, through which you'd take the English class you need to get the diploma. If you need a lot of credits to finish high school (for instance, maybe you missed a whole grade of high school), another option is to take a high school equivalency test, such as the GED, HiSET, or TASC tests. By passing one of these tests, youââ¬â¢ll receive a diploma or certificate that's similar to a high school diploma and indicates that youââ¬â¢ve achieved US high school educational standards. This is called a high school equivalency diploma. In most cases, a high school equivalency diploma is equivalent to a high school diploma; however, some universities and employers prefer a traditional high school diploma over one of these equivalents and, as a result, might look down on it. Ifyou're younger than your state's age for enrolling in high school, I strongly recommend going back to high school to earn your regular high school diploma instead of opting for one of these equivalents. This age limit varies by state but is usually around 21 years. Unfortunately, your elementary school diploma won't help you on the job hunt. How Important Is Having a Physical High School Diploma? Itââ¬â¢s critical tokeep your original high school diploma in a safe place.This is because potential employers and colleges might ask to see a copy of your diploma as proof that you completed high school and have the fundamental knowledge and skills needed for a particular job or educational program. Online schools are especially likely to request or require a copy of your high school diploma for enrollment purposes. Though itââ¬â¢s possible youââ¬â¢ll never have to show anyone your high school diploma (other than your proud parents), you should always have a copy of it on hand, just in case. If you lost your high school diploma or donââ¬â¢t remember getting a physical diploma, you can easily request a copy of yours by contacting your old high school(or, if your high school is no longer in operation, your former education department or school district). Refer toour step-by-step guide to learn more about securing a copy of your high school diploma. Can You Attend College Without a High School Diploma? The short answer is no, not usually. If you want to attend a four-year college or university with the goal of getting a bachelorââ¬â¢s degree, you will not be able to unless you have a high school diploma or high school equivalency diploma, such as the GED. (Note that not all colleges accept a GED in lieu of a traditional diploma.) That said, most community colleges allow students to enroll without a high school diploma. You usually just need to be at least 18 years old to enroll- thatââ¬â¢s it! If you think youââ¬â¢ll eventually want to transfer to a four-year college/university from a community college, know that youââ¬â¢ll likely need to take the GED or an equivalent test before you can do so. How to Get a High School Diploma as an Adult: 2 Methods If youââ¬â¢re older than your stateââ¬â¢s maximum age limit for enrolling in high school or would prefer an alternative way of earning a high school diploma, you have the option of doing an in-person adult high school diploma program orattendingan online high school. Method 1: In-Person Adult High School Diploma Program One way to get your high school diploma is to enroll in an adult high school diploma program. These in-person classes are specifically geared toward adults looking to return to high school and get their diplomas(instead of, say, a GED). With these programs, you'll take only the courses you need to graduate. For instance, if youââ¬â¢re short a math and an English class, youââ¬â¢d take these two classes in your adult high school diploma program, allowing you to fulfill your state's graduation requirements and thus earn a high school diploma. Most adult high school diploma programs are free or pretty cheap,and are offered on weekdays and weeknights. The best way to find a legitimate adult high school diploma program near you is to contact a public university or community college in your area. These institutions should be able to tell you whom to contact about adult education programs. You can also see what information your state's official website provides regarding adult education programs. Just search on Google for "[Your State] adult education site:.gov."For example, the Michigan state website offers a bunch of helpful information on free and low-cost adult education programs in counties all around Michigan. Always beware of online scams that claim to give out high school diplomas. These "diploma mills," as theyââ¬â¢re called, will often charge you a high fee to take unaccredited courses, earning you afake credential thatââ¬â¢s not recognized anywhere! If youââ¬â¢re not sure whether a program is legitimate, check with your state department of education. Method 2: Online High School The second way adults can earn a high school diploma is to enroll in an online high school. This option is considered more convenient than Method 1 asyou can attend class and study from the comfort of your own home, allowing you to get your high school diploma online. Many online private high schools require a fee to attend, which can be really high sometimes, especially if the program is offered through a prestigious college or university. In addition, some online high schools have an age limit, so check that youââ¬â¢re eligible to attend before you decide on a school. Make sure that the school youââ¬â¢re considering is legitimate. Many online high schools arenââ¬â¢t accredited (even if they claim to be) and canââ¬â¢t award you an authentic high school diploma. If youââ¬â¢re unsure whether an online high school is legitimate, contact your state's department of education. You can also get in touch with a local community college or public college/university, which will helpyou find online high schools thatare accredited and accept adult learners. Here are some well-known schools that allow you to get your high school diploma online: Stanford Online High School (no adult learners) BYU Independent Study High School(offers program for adult learners) UT Austin High School (no age restrictions) Texas Success Academy (offers program for adult learners) University of Nebraska High School (no age restrictions) Recap: Do You Need a High School Diploma? Most people earn their high school diplomas by completing 12th grade and meeting their state's high school graduation requirements. Even if you left school before you got a diploma, there are ways you can get one as an adult. Your two main options are to enroll in an in-person adult high school diploma program or attend an accredited online high school. Many prefer the latter because itââ¬â¢s more convenient and allows you to get your high school diploma online without having to go anywhere. As with anything you pay for, besure to vet any adult high school diploma programs (both in-person and online) you're considering attending. You donââ¬â¢t want to lose money to a scam that awards you with a fake credential! Reach out toyour stateââ¬â¢s department of education to get more information about legitimate (online) schools and programs for adult learners. If you'd rather notgo back and get your high school diploma, you can insteadtake a high school equivalency test, such as the GED. While you donââ¬â¢t need a high school diploma to apply for jobs or enroll at a community college, having one will allow you to go to a four-year college or university. A high school diploma also means youââ¬â¢ll be making more money on average than if you didnââ¬â¢t have one! Don't feel as though there are no options available to you- you'llnever be too old to go back and get that high school diploma! Whatââ¬â¢s Next? Considering attending an online high school? Learn about how to avoid unaccredited schools and how an online education differs from a traditional one. We also maintaina list of 100+ free online high schools! For a full review of a top-notch online high school, check out our in-depth guide to Stanford Online High School. Not interested in getting a traditional high school diploma? Then considergetting a high school equivalency diploma.Our guide goes over what this diploma is and how to get one.
Wednesday, February 19, 2020
Modern Design Assignment Example | Topics and Well Written Essays - 1250 words
Modern Design - Assignment Example The proclamation also described the utopian craft guild that combined architecture, painting and sculpture into a single but creative expression. The craft-based curriculum used at the Bauhaus was designed to turn out designers and artisans into beautiful and useful objects that are appropriate for the new system of living. The Bauhaus was designed to combine the elements of design and fine arts education. The curriculum started with a preliminary course that provided a brief background to the students who were admitted from a wide range of social and educational framework. The preliminary course was taught by veteran visual artists such as Vasily Kandinsky, Paul Klee, and Josef Albers among others. The immersion of the students in the Bauhaus educational framework allowed them to participate in specialized workshops. The workshops often included cabinetmaking, metalworking, pottery, weaving, wall painting and typography (Raizman 188). Even though the initial aim of the Bauhaus was to unify the arts through craft, the aspects of the approach proved financially impractical. Gropius found it important to maintain the aim of the Bauhaus and decided to reposition its goals in 1923. He stressed on the benefits of designing for mass production and encouraged the school to adopt the ââ¬Å"Art into Industryâ⬠slogan. The Bauhaus later moved from Weimar to Dessau in 1925, where Gropius set up a new building to accommodate the school. The building contained several features that later formed the hallmarks of modern architecture. The modern architecture included a glass curtain wall, steel-frame construction, and pinwheel plans among others. Today, the Bauhaus is still an experiment al design and research and teaching which are dedicated to the development and communication of the Bauhaus legacy. It also seeks to work on contemporary issues affecting the urban sector. The Russian constructivism was the last but most
Tuesday, February 4, 2020
Dorothy Parker and an Analysis of Her Short Stories Research Paper
Dorothy Parker and an Analysis of Her Short Stories - Research Paper Example She went through three marriages, including two with the same man. Most people say that her sharp wit was also a result of these marriages and suicidal attempts, which indulged her to take on alcohol as a soothing device. Nonetheless, this paper helps to provide an insight into three of her short stories, while comprehending how Parker has made use of wit and humour from her life, into those stories, in order to tell the world about the miseries of her marriages. She was also one of the founders of the Algonquin Round Table and wrote for Vanity Fair however, her wit proved to be too sarcastic for some of the producers. Initially however, her wit as a critic was extremely popular among the people because she told the truth in its rawest form making a number of producers and directors feel extremely uncomfortable for their less than average results in the box office. No wonder Parker was able to laugh at herself quite well too. Her stories are permanent proof of how she was witty about everything including her own personal life. For example, she had extreme ambivalent feelings about her Jewish background and she joked that in order to escape her name, she got married to a Wall Street stock broker by the name of Edwin Pond Parker II because of the anti-Semitic feelings that were prevalent in America, as well as around the world, at the time. All her stories have some or the other snippet taken from her life and this paper presents her married life in comic through her writing. (Meade, Marion) Through her worst years, Dorothy Parker always tried to maintain a very tough exterior for the world to see. This was probably because of a few reasons ranging from the already doomed image of women in the much talked about patriarchal society at the time, as well as maintaining her position as someone who had the best wit in the country at the time. She drank publicly in order to portray a sense of masculinity and to show that women could be tough as well. Parker often said, ââ¬Å"Wit has truth in it; wisecracking is simply calisthenics with words.â⬠(Parker, Dorothy) Despite her failed marriages, she scoffed at her own misery in public in order to show people that there were worse problems in life. ââ¬Å"In subsequent successful volumes of poetryââ¬âSunset Gunà (1928), Death and Taxes (1931), andà Not So Deep as a Wellà (1936)ââ¬âParker poked fun at her own heartbreak, masochism, and hopefulness. Her most effective verse captures the breadth of her dreams and disappointments with bitter irony and perfect turns of phrase, but only hints at their depths.â⬠(Itzkovitz, Daniel) One of Parkerââ¬â¢s very famous short poems is about how she was reckless enough to drink and be with any man that she wanted to. For example, ââ¬Å"I like to have a martini, Two at the very most. After three Iââ¬â¢m under the table, after four Iââ¬â¢m under my host.â⬠However, her stories still portray women in a much closed form where they are not able to speak up other than to their own thoughts. In all her stories discussed within this paper, Parkerââ¬â¢s characters are only able to speak to the voices in their heads. (Walker, Nancy) ââ¬ËThe Waltzââ¬â¢ written by Parker is one of her all time best satirical pieces in which a young womanââ¬â¢s thoughts get meddled up as she says yes to waltzing with a man. Her cynical side gets the best of her positivism and she grimly acknowledges both the voices in her head.
Monday, January 27, 2020
What is penal welfarism? Garlands theory.
What is penal welfarism? Garlands theory. What is penal welfarism? Evaluate the impact it has had on juvenile justice reform in the UK from the beginning of the twentieth century to the present. In order to evaluate the impact of penal welfarism upon juvenile justice reform, the concept will be defined with reference to Garland (2001). The contributing societal factors to the emergence of penal welfarism in juvenile justice reform will then be assessed. The practical and legal achievements of penal welfarism in the juvenile justice system will be identified. Challenges to penal welfarism will be outlined, with particular reference to alternate conceptions of youth justice and criminality. The demise of the penal welfarism approach will be assessed, with specific reference to the motivating societal factors and comparison between the Welsh, English and Scottish juvenile justice systems. Penal welfarism as defined by Garland (2001) as a structural response to crime that is composed of two ideological standpoints. Due process and proportionate punishment, with their inherent liberal ideologies, ensure that all the rights of the juvenile offender are respected. The punishment is fitting to the crime and the circumstances of the juvenile offender. Rehabilitation and offender welfare are approached from a correctionalist viewpoint. This entails that the punishment served by the offender maintains a focus upon the rehabilitation of the offender, as does the approach of professionals who work with the offender during the punishment period. In short, penal welfarism suggests that rehabilitation will be most effective if the offender is provided with positive motivation while in the care of the penal reform system. The logic behind the practice is that if the offender is provided with the opportunity to progress in the penal institution, they will wish to continue to do so w hen released back into society. The notion of penal welfarism is derived from applying the practicalities of the welfarism ideology to the penal system. The welfarism concept asserts that policy requires evaluation in terms of its consequences (Kaplow Shavell, 2002). This assessment is most frequently made using a utilitarian approach, i.e. the usefulness of the approach in question. The logical application of this concept to the penal system dictates that policy regarding offender treatment should be assessed in terms of offender rehabilitation, i.e. the offender will not repeatedly offend upon release and as a result society will be safer. The focus is upon the usefulness of the punishment, i.e. its resulting benefit to society and improvement of personal conditions. Therefore penal welfarism maintains a focus on respecting the rights of the individual and maintaining a rehabilitative approach as this is deemed to be the most beneficial approach for both the offender and for society. The formation and application of penal welfarism to juvenile justice reform is interrelated with the emergence of a welfare state at the turn of the 20th century (Garland, 2002). The welfare state was implemented by the Liberal government in order to meet demands to negate social insecurity while protecting free trade and a capitalist economy (Daunton, 2007). The emergence of free trade had resulted in increased unemployment and harsher social conditions for those at the lower end of the pay spectrum. However, free trade and capitalism were deemed as models that required protection. Therefore pensions, health services and other such welfare services were centralized and nationalized to ensure that these individuals would be protected in the capitalist state. Garland (2002) identifies these welfare systems as being rooted in ideologies of protection and integration, so that even the most disadvantaged members of society are protected by the welfare state. Out of this ideology was born penal welfarism for juvenile justice. As these social and economical reforms based taxation upon the basis of the individual workers rather than according to the class system (Leonard, 2003), each member of society was treated upon the basis of individual circumstance, in theory dispelling the class system. Therefore, within the penal system for juvenile justice, individualism arose where the rights and rehabilitation of each offender was considered. The main legal and practical development in respect to penal welfarism was the separation of individuals under the age of 21 from adults in the justice system. In light of the requirement to individualize and respect the rights of each juvenile offender, juvenile courts were officially established by the Children Act 1908 (Goldson Muncie, 2008). In addition to this, corrective Borstals were created for juveniles under the age of 21. Individuals could be sentenced to a period in such an institution for between one and three years. It was considered that these institutions were to focus on rehabilitation of the juvenile, and the training of the juvenile to be re-integrated with society upon their release (Muncie, 2006). The role of the juvenile justice system was further defined by the Children and Young Persons Act 1933 (Ikin, 1933). This Act entailed the reorganization of reform schools so that they provided education to offenders; and training so that they may find employment upon completion of their sentence. Furthermore capital punishment for any offender below the age of 18 was abolished by the Act. Issues of anonymity were also covered (Ikin, 1933). The media were and are able to report the name of an adult offender if it was deemed to serve public interests. However, the identity of juvenile offenders was protected by the law. The penal welfarism approach to juvenile justice was criticized on both economical and ideological grounds. Economically, this system, and the welfare system in general, was criticized as being born out of fear of free trade and the emergence of corporations as the dominant financial players in society (Platt, 2002). Increased spending on the welfare system and individualist taxation were contributing factors to this. Ideologically, the concept has been challenged with reference to the societal conception of crime reformation and with reference to the individual in the system. In terms of the latter, it is the goal of reformation that is problematic. For example, Hudson (2002) outlines institutional sexism that was apparent in the penal welfarism definitions of rehabilitation. Discrepancies in the social moral code that must be adhered to by males and females highlighted unfairness in the treatment of females in this system. While rehabilitation of the male juvenile offender focused on the criminal act, female rehabilitation focused much more strongly on personal and sexual behaviour within society. In terms of societal conceptions of crime, it has been argued that viewing the juvenile as on a linear path through deviance (diversion) may be more effective in terms of negating re-offending (Austin Krisberg, 2002). Furthermore, re-defining what is considered a criminal act, for example, the redefinition of drug use as a social as opposed to a criminal problem; may result in a more effective approach to the problem in comparison to penal welfarism (Austin Krisberg, 2002). After a period of a Labour government working to enhance the ideology of care for the juvenile offender in the 1960s; the penal welfarism approach began to decline when the Conservatives came to power in the 1970 General Election (Smith, 2007). It was considered that the judicial and welfare aspects had become disjointed, and the focus began to grow upon the judicial proceedings of the system. This is evident by the significant increase in the number of juveniles receiving custodial sentences in the 1970s (Rutter Giller, 1983). The ideology increasingly narrowed onto punishment and control (Geisthorpe Morris, 2002) throughout the 1980s, especially in England and Wales. The issue of juvenile crime was focused onto the victims, with the criminals perpetrated as depraved (Jones, 1994). Echoes of this can be seen in present day society where hooded teenagers are feared by adult society (for an example of this see MacLean, 2008). Importantly, the Criminal Justice Act 1991 brought in a s eparation of systems, one to deal with juveniles requiring judicial attention, and one for those in need of welfare provision (Geisthorpe Morris, 2002). While England and Wales fully segregated these two systems, Scottish practices of juvenile justice policies maintained a higher level of communication between the two approaches. However, societal moral panics regarding serious youth crime and repeat offending has created a concern that juvenile offenders are not aware of the impact of their actions (Jones, 1994). This could possibly be related to the breakdown of community. These concerns have paved the way for a juvenile justice ideology that is based upon restorative justice as set out by the Youth Justice and Criminal Evidence Act 1999 (Geisthorpe Morris, 2002). Penal welfarism refers to a system that presents positive motivations for juvenile offenders to develop while in the penal system. The concept arose with the birth of the welfare state. Penal welfarism resulted in the segregation of juveniles from adults in the judicial process, the eradication of capital punishment for juveniles and anonymity of juvenile offenders from the media. As a concept, it was challenged for the welfare stateââ¬â¢s impact upon free trade. It was also challenged by its characterisation of the juvenile offender; diversion and decriminalisation were offered as alternate ideologies. The concept demised with the segregation of welfare and judicial proceedings for adolescents. Societal factors for this include a fear of the juvenile offender. This has led to a focus on restorative justice which is implemented in juvenile reform today. References Austin, J., Krisberg, B. (2002). Wider, stronger and different nets: the dialects of criminal justice reform. In J. Muncie, G., Hughes E. McLaughlin (Eds.), Youth Justice: Critical Readings, London: Sage Publications Ltd. Daunton, M. (2007). Wealth and Welfare: An Economic and Social History of Britain 1851-1951). Oxford: Oxford University Press. Garland, D. (2001). The Culture of Control: Crime and Social Order in Contemporary Society. Chicago: University of Chicago Press. Garland, D. (2002). Penal strategies in a welfare state. In J. Muncie, G., Hughes E. McLaughlin (Eds.), Youth Justice: Critical Readings, London: Sage Publications Ltd. Geisthorpe, L., Morris, A. (2002). Restorative Youth Justice: the last vestiges of welfare? In J. Muncie, G., Hughes E. McLaughlin (Eds.), Youth Justice: Critical Readings, London: Sage Publications Ltd. Goldson, B., Muncie, J. (2008). Youth Crime and Juvenile Justice. London: Sage Publications Ltd. Hudson, A. (2002). ââ¬ËTroublesome girlsââ¬â¢: Towards alternative definitions and policies. In J. Muncie, G., Hughes E. McLaughlin (Eds.), Youth Justice: Critical Readings, London: Sage Publications Ltd. Ikin, A.E. (1933). Children and Young Persons Act, 1933: Being the Text of the Statute together with Explanatory Notes. London: Sir I. Pitman and Sons. Jones, M. (1994). Images and reality: Juvenile crime, youth violence and public policy. London: National Council on Crime and Delinquency. Kaplow, L., Shavell, S. (2002). Fairness versus Welfare.Cambridge, MA: Harvard University Press. Leonard, M. (2003). Promoting Welfare? Government Information Policy and Social Citizenship. Bristol: Policy Press. MacLean, D. (2008). New hoodies are a yobââ¬â¢s dream. The Shields Gazette, 9th August. Muncie, J. (2006). From Borstal to YOI. In Y. Jewkes H. Johnston (Eds.) Prison Readings. Devon: Willan Publishing. Platt, A. (2002). The triumph of benevolence: the origins of the juvenile system in the United States. In J. Muncie, G., Hughes E. McLaughlin (Eds.), Youth Justice: Critical Readings, London: Sage Publications Ltd. Rutter, M., Giller, H. (1983). Juvenile Delinquency: Trends and Perspectives. New York: Guilford Publications. Smith, R. (2007). Youth Justice: Ideas, Policy, Practice. Devon: Willan Publishing.
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