Three Major Themes in Don Quixote

One of the most obvious themes in Don Quixote de la Mancha is that of nostalgia. However, in Don Quixote, what has traditionally been regarded as the central thrust of nostalgia: that it represents a longing for a time which can never again exist or be recaptured, is altered through the use of irony to represent a form of moral idealism. In other words, the particular â€Å"flavor† of nostalgia represented by Cervantes is that of a longing for a moral and ethical past which are considered (ironically) not as ideals of an unattainable past, but as a conception of pragmatic moral instruction.Of note is the personal intimacy with which Cervantes invests his character, Quixote's, conception of a moral idealism which appears readily available and complete in the annuls of antiquity: â€Å"he fell into one of the strangest conceits that ever entered the head of any madman [†¦ ] that he should commence knight-errant, and wander through the world, with his horse and arms† (Cervantes Saavedra 23). The summoning to moral action is based, in actuality, in a sense of personal pride and self-aggrandizement: â€Å"that by accomplishing such enterprises he might acquire eternal fame and renown† (Cervantes Saavedra 23).This latter admission forms the key to the ultimately ironic unfolding of Quixote's nostalgic sense of morality in that it reveals that he, Quixote, never grasped the essential nature of the chivalric morality he idealizes in that he sought fame and recognition rather than purely service to the chivalric code itself. In this way, Cervantes indicates that nostalgia does exert a prohibitive influence on pragmatic application and behavior, but this is only revealed through the irony of Quixote's attempts to literalize a moral code which is, in fact, lost in the mists of antiquity.Further irony emerges from the theme of classicism. This theme may be considered closely aligned with the theme of nostalgia because, given the predilection of Qu ixote for self-aggrandizement, it is only natural for the alert reader to assume that Quixote's â€Å"madness† is born out of an inferiority complex. This natural assumption will be grounded not only in the picaresque action of the plot, but in the portrayal of the internal moral â€Å"compass† of the characters in the story.A good example of how Quixote's â€Å"madness† functions as a portrayal of classicism is the passage where Quixote fantasizes that a brothel is actually a castle: â€Å"he fancied it to be a castle, with four turrets and battlements of refulgent silver, together with its drawbridge, deep moat, and all the appurtenances with which such castles are usually described† (Cervantes Saavedra 28). The madness of Quixote allows ironic inversion of the dominant social order.Thsi tendency (theme) is carried out throughout Don Quixote as a whole with peasants and working-poor taking on roles traditionally associated with the upper-classes. Closel y aligned to the theme of classicism is the the theme of chivalry itself. Given the foregoing descriptions of Cervantes's ironic use of nostalgia and the inversion of the social order, one would expect, and rightly so, that the most obvious theme of Don Quixote, the theme of chivalry, is also intended to be perceived as ironic.The full realization that even Quixote's â€Å"mad† idealization of the past refuses to admit legitimate moral perception through into the world, despite, that same vision exposing the hypocrisy and injustice of the â€Å"present day† world, is a realization which seems to undermine Quixote's stature as an ironic hero. However, when Quixote himself renounces chivalry, his heroic stature is fact, increased, and his character given a final seal of integrity. When he proclaims : â€Å"free from those dark clouds of ignorance with which my eager and continual reading of those detestable books of chivalry had obscured it.Now I perceive the absurdity and delusion of them,† (Cervantes Saavedra 939) Quixote is in fact vocalizing his inner-realization that nostalgia, and chivalry were themselves aspects of the very classicism which, in the beginning, ignited his inner feelings of inferiority. He realizes that chivalry is not a release from the injustices of the present, but merely the past's method of empowering the same social inequalities and injustices which flourished in chivalry's historical decline.

Is Hunting Ethical

The difference between hunting and killing â€Å"It is 4:00 in the morning as a father and son prepare for a day of elk hunting, Whenever October comes around this father and son know that it is an important month because it is hunting season and they have a chance to provide meat for their family. The day brings success to the hunters as they harvest a male elk and take it back home to share not only the meat but also the memories that were provided by the hunt. Many people in this world have opinions about hunting saying it is â€Å"unethical† or that it is a cruel form of killing for fun. Hunting is portrayed as an activity that allows humans the right to go out into the wild and harvest an animal or animals just as our ancestors did many years ago, that is a good picture of it but there are many reasons why people hunt other than to get meat shoot a gun or hang out with friends in the outdoors Benefits of hunting Hunting isn’t what most people think, it doesnâ€⠄¢t just help the hunters who are getting meat but it helps the population of animals as well.In Colorado alone there are an estimated two thousand elk and 1500 deer taken a year, this seems cruel but hear me out. If a herd of elk gets to big then there will be scarce amounts of food because there many mouths to feed but only so many acres of edible grass and plants to feed them. This problem causes fights and the weaker elk get run out of the herd because of over population, these elk that are disowned by the herd usually die off from starvation or predators. Matt Forsyth a local area hunter says â€Å"my family and I can live for a year on one animal harvested from our hunting trips†.That means that one animal out of the thousands in Colorado can support a family and save an estimated 400 dollars that is usually spent on beef pork and chicken bought from the store. My family relies on meat from my father and I every year, if we are not successful it is a devastating blow on our bank accounts. STATISTICS ABOUT HUNTING 12. 5 million people 16 years old and older enjoyed hunting a variety of animals within the United States. They hunted 220 million days and took 185 million trips. Hunting expenditures totaled $22. 9 billion. An estimated 10. million hunters pursued big game, such as deer and elk, on 164 million days. There were 4. 8 million hunters of small game including squirrels and rabbits. They hunted small game on 52 million days and spent $2. 4 billion on small game hunting trips and equipment. 2. 3 million hunted migratory birds such as doves or waterfowl 1. 1 million hunted other animals such as woodchucks and raccoons. As the above figures state hunting is a very much enjoyed sport that Colorado residents take a very great passion in and I believe it always will be. DISADVANTAGES ABOUT HUNTINGMany animals die yearly from accidental death from hunters, accidental death occurs when a hunter mistakes and shoots an animal or the target species he w as pursuing. I have seen many accidental deaths as a hunter and it is very sad because I hate to take a life from an animal that did not deserve it, I am not saying all animals deserve to die but if I cannot benefit from the death of an animal then why does it deserve to die? Poaching is also a huge problem in America. I do not like this one part of hunting and I wish it could be eliminated, poaching is when a human illegally harvests an animal without a license.Over 1500 animals are poached each year and many of those animals had their lives taken only for their horns or ivory teeth and tusks. Many people will say that hunting is not right because the animals are helpless and innocent, I say otherwise. At the beginning of time hunting was a major part of life and was a necessity, being the only means of survival. It was a source of food, clothing, and sometimes tools. Hunted animals were know as game animals. The earliest tools used to hunt were bow and arrow and spears, where now in the present we hunt with more powerful weapons like the compound bow and rifle.Having these newer and updated tools man can now hunt with out having to work as hard at killing their prey. Just because it is easier to hunt with the new and improved rifles and bows does not mean that it is easy. I give a lot of credit to the Native Americans because they had it worse than us, they had to run and chase their animals till it was down where as now days you can use an all terrain vehicle or a truck to get deep in the forest. I feel like people do not look past the blood of hunting because it is such a gory part of the process and they feel justified to say that hunters are messed up in the ead because would we want to be shot and bleed to death, I wouldn’t but still hunting has evolved from the early ages so humans were just taught that hunting was a way of living. I have been hunting since I was nine and I will admit that there were some parts of the sport that I wish I didnâ⠂¬â„¢t see. I hate to see an animal suffer and I have seen my fair share of that, but my plan was not to kill for the thrill or pride of taking down an animal. I did it because it was the meat that my family ate for a whole year and without it we would pay more than five hundred dollars for meat in 6 months because of my large family size.There is always a downside to everything and as much as I love hunting I have to say that there is parts that I do not like. â€Å"What we see is the aftermath of people going out and killing trophy animals and removing those trophy parts, which would be the antlers or the horns and leaving the carcasses to rot,† â€Å"It is so disrespectful to the wildlife and gives hunting a bad name. † (Sarason) Antlers are valuable. They can earn poachers hundreds to tens of thousands of dollars per mount. (Forsyth) â€Å"Some people do it purely as a business. They've detached from their activity.It's just pure dollars and cents. They don't see wildlife as anything other than something you can buy and make a buck,† (Sarason) â€Å"it is 4:00 in the morning as a man and his hunting guide sit in a cozy cabin drinking coffee and going over the game plan for the day, this man has paid his guide an estimated 3,000 dollars for this hunt. The day starts off in the truck as they drive to a hillside to see if spotting a herd will bring them luck, sure enough out of the tree’s comes a beautiful male elk with an astoundingly big set of antlers.This is where the 3,000 dollars comes in because this man is on a guided elk hunt that has been set up on a high fenced ranch (the animals have no way to escape or be free), the elk are given special grass and food to grow big antlers. The man shoots the elk takes pictures and leaves the meat with the guides who will charge him an additional 500 bucks to get it cut and delivered to his house† People from around the world come to have supposedly the hunt of a lifetime and par take in an event that our ancestors have done but it is far from what actually happens.Many guided hunts are just slaughter of animals because they have no place to be free and live a life, they shoot the animals and the guide hauls it cuts it and prepares it and all you have to do is pay 3,500 dollars for it which is a deal right? Real hunting is when you pay 300 dollars a year to chase fair game through beautiful mountains and enjoy cutting the meat hauling it and doing all of the stuff that makes hunting what it truly is today.HOW ARE ORGANIZATIONS GETTING INVOLVED Many people have a jaded opinion about hunting because they see tv shows about it and the people always shoot the big animals and it all looks so easy but in reality it is not all that easy, real hunting requires patience love and respect for not only the pastime of it but the animals as well. No person will ever be right about wether it is ethical or if it isn’t but everybody can have a say in what they think i s right or what they believe in. unting is such a controversial subject to many people because just like anything, if you don’t know anything about it you are either really interested or very skeptical and I have found that many people are skeptical. Because of all the modern PETA campaigns many people are upset about hunters going out and harvesting an animal because it is an â€Å"innocent† animal that has been killed for pleasure or thrill. But hunting is an art form and a blessed opportunity for humans to provide their family with meat as well as learn more about the outdoors and life.Many campaigns have been run to stop hunting in many states. These campaigns are put together by PETA a non-profit organization that try’s to outlaw the abuse and neglect of animals, also called animal cruelty. Organizations like PETA are against hunting because they are under the impression that hunting is a cruel form of killing helpless innocent animals which is true somewha t. What they do not understand is that while many animals die every year but true hunters will never kill for the fun of shooting a gun or killing.With a lot of the gun laws that the president is trying to pass maybe all of these animal cruelty organizations wont have to keep fighting hunters because if such laws pass then many Americans will not be able to hunt anymore. Rumor has it that PETA is trying to get all gun laws passed just because of the way that it could help save many animals every year. Hunting is a very controversial subject because it is so important to some people and many families rely on an animal to be harvested every year. Good hunting ethics are not usually covered by written laws. Ethics are a personal code which dictates how we act.It is conduct that is morally right, safe, proper and fair. According to Aldo Leopold, regarded as the â€Å"father† of wildlife management, â€Å"ethical behavior is doing the right thing when no one else is watching- eve n when doing the wrong thing is legal. † T. D. Carroll, the Father of Texas Hunter Education, once said: â€Å"There are written and unwritten laws. The written laws tell us what we can and cannot do while the unwritten laws tell us what we should and should not do. † HOW WOULD ANIMALS BE AFFECTED IF WE DID NOT HUNT If we didn't hunt animals they would die of starvation and disease.That is why we have regulations on hunting. And that is why bag limits and seasons change yearly. Take for instance the Snow Goose, It is so overpopulated right now that it takes food from animals and fish that are low in population thus the overpopulation of this bird could cause other animals to go extinct. It would not be the hunters causing the extinction. This year there was a conservation order in effect issued by the Colorado Fish and Wildlife Department to hunt as many as you can-no bag limit which seems like a killing frenzy for all of the geese but given the options it really helps all animals.Another instance is with exotic species (species that don't naturally occur in a particular area). For instance here in Colorado, the Mountain Lion does not belong here but It flourishes and if it keeps its pace then it could totally wipe out the population of native species of animals. Thus, the state says you can hunt and kill the Mountain Lion whenever you want and as many as you want, you just have to tell the state where you shot it. Look at the wild pig. Not natural to the United States and now we have a major problem on our hands. They destroy crops and take the food of our natural species.If deer hunting became illegal we would have so many deer in this country no one would be able to drive down the highway without fear of hitting one at 70mph possibly killing the passengers of the vehicle. Or there would be so many deer the food would eventually run out for them causing them to starve to death. Many in Colorado are interested in living a healthy lifestyle, which often includes consuming organically-grown food. â€Å"Locally grown† is becoming an increasingly popular way to enjoy fresh fruit and vegetables and backyard gardens are seeing a resurgence.One of the driving forces for the â€Å"going organic† movement is related to concerns about chemicals and pesticides associated with mass production of our food. Meat from hunting does not go through the chemical-related processes of grocery-store domestic meats. Hunting and eating wild game provides a lean, â€Å"free-range† protein product similar to that of organic food stores. Moreover, for those who hunt, fresh meat procured through hunting offers a â€Å"do-it-yourself† pride and satisfaction similar to that of growing your own garden. Hunting provides healthier food for the hunter and his/her family.I have nothing against farmers, I support them 100%, but there's more protein in the meat of a wild animal than there is a cow, pig, etc. So, more protein means a healthier cut of meat. It only takes one male to reproduce so anybody that says population control isn't a â€Å"valid† reason to hunt isn’t well equipped with the facts of hunting. Since it only takes one male animal, then there's no reason to have older animals that are not healthy reproduce because that would be passing along weaker genes, and that will make that generation of animals weaker.A lot of people say that hunters only shoot the males animals but that shows just how un-educated they are on this subject. I know many people who will kill a female over a male any day. There's no benefit to just harvesting males and not the females. Each sex needs a specific number harvested to keep the population healthy. Back to the example I used about an older male animal breeding. Same thing goes with female animals. The older they get, the weaker their offspring will be. The less milk they'll produce. The older the animal (males and females), the weaker the state of the ir body/health.Inbreeding DOES happen where animal populations have exploded. You need a good mix of male and females of different ‘lines' so that you will get healthy offspring. Not only for that aspect of population control- if there are too many animals in a given area no matter if they are mostly males or mostly females, the animals will deplete the area of resources- food, water, cover. So, not only will the animals be at a higher risk for diseases/illnesses like rabies or CWD in deer, the land will be greatly affected by it too.The difference between hunting and killing â€Å"It is 4:00 in the morning as a father and son prepare for a day of elk hunting, Whenever October comes around this father and son know that it is an important month because it is hunting season and they have a chance to provide meat for their family. The day brings success to the hunters as they harvest a male elk and take it back home to share not only the meat but also the memories that were prov ided by the hunt. Many people in this world have opinions about hunting saying it is â€Å"unethical† or that it is a cruel form of killing for fun. Hunting is portrayed as an activity that allows humans the right to go out into the wild and harvest an animal or animals just as our ancestors did many years ago, that is a good picture of it but there are many reasons why people hunt other than to get meat shoot a gun or hang out with friends in the outdoors Benefits of hunting Hunting isn’t what most people think, it doesn’t just help the hunters who are getting meat but it helps the population of animals as well.In Colorado alone there are an estimated two thousand elk and 1500 deer taken a year, this seems cruel but hear me out. If a herd of elk gets to big then there will be scarce amounts of food because there many mouths to feed but only so many acres of edible grass and plants to feed them. This problem causes fights and the weaker elk get run out of the he rd because of over population, these elk that are disowned by the herd usually die off from starvation or predators. Matt Forsyth a local area hunter says â€Å"my family and I can live for a year on one animal harvested from our hunting trips†.That means that one animal out of the thousands in Colorado can support a family and save an estimated 400 dollars that is usually spent on beef pork and chicken bought from the store. My family relies on meat from my father and I every year, if we are not successful it is a devastating blow on our bank accounts. STATISTICS ABOUT HUNTING 12. 5 million people 16 years old and older enjoyed hunting a variety of animals within the United States. They hunted 220 million days and took 185 million trips. Hunting expenditures totaled $22. 9 billion.An estimated 10. 7 million hunters pursued big game, such as deer and elk, on 164 million days. There were 4. 8 million hunters of small game including squirrels and rabbits. They hunted small game on 52 million days and spent $2. 4 billion on small game hunting trips and equipment. 2. 3 million hunted migratory birds such as doves or waterfowl 1. 1 million hunted other animals such as woodchucks and raccoons. As the above figures state hunting is a very much enjoyed sport that Colorado residents take a very great passion in and I believe it always will be.DISADVANTAGES ABOUT HUNTING Many animals die yearly from accidental death from hunters, accidental death occurs when a hunter mistakes and shoots an animal or the target species he was pursuing. I have seen many accidental deaths as a hunter and it is very sad because I hate to take a life from an animal that did not deserve it, I am not saying all animals deserve to die but if I cannot benefit from the death of an animal then why does it deserve to die? Poaching is also a huge problem in America.I do not like this one part of hunting and I wish it could be eliminated, poaching is when a human illegally harvests an animal w ithout a license. Over 1500 animals are poached each year and many of those animals had their lives taken only for their horns or ivory teeth and tusks. Many people will say that hunting is not right because the animals are helpless and innocent, I say otherwise. At the beginning of time hunting was a major part of life and was a necessity, being the only means of survival. It was a source of food, clothing, and sometimes tools. Hunted animals were know as game animals.The earliest tools used to hunt were bow and arrow and spears, where now in the present we hunt with more powerful weapons like the compound bow and rifle. Having these newer and updated tools man can now hunt with out having to work as hard at killing their prey. Just because it is easier to hunt with the new and improved rifles and bows does not mean that it is easy. I give a lot of credit to the Native Americans because they had it worse than us, they had to run and chase their animals till it was down where as now days you can use an all terrain vehicle or a truck to get deep in the forest.I feel like people do not look past the blood of hunting because it is such a gory part of the process and they feel justified to say that hunters are messed up in the head because would we want to be shot and bleed to death, I wouldn’t but still hunting has evolved from the early ages so humans were just taught that hunting was a way of living. I have been hunting since I was nine and I will admit that there were some parts of the sport that I wish I didn’t see. I hate to see an animal suffer and I have seen my fair share of that, but my plan was not to kill for the thrill or pride of taking down an animal.I did it because it was the meat that my family ate for a whole year and without it we would pay more than five hundred dollars for meat in 6 months because of my large family size. There is always a downside to everything and as much as I love hunting I have to say that there is parts tha t I do not like. â€Å"What we see is the aftermath of people going out and killing trophy animals and removing those trophy parts, which would be the antlers or the horns and leaving the carcasses to rot,† â€Å"It is so disrespectful to the wildlife and gives hunting a bad name. (Sarason) Antlers are valuable. They can earn poachers hundreds to tens of thousands of dollars per mount. (Forsyth) â€Å"Some people do it purely as a business. They've detached from their activity. It's just pure dollars and cents. They don't see wildlife as anything other than something you can buy and make a buck,† (Sarason) â€Å"it is 4:00 in the morning as a man and his hunting guide sit in a cozy cabin drinking coffee and going over the game plan for the day, this man has paid his guide an estimated 3,000 dollars for this hunt.The day starts off in the truck as they drive to a hillside to see if spotting a herd will bring them luck, sure enough out of the tree’s comes a beau tiful male elk with an astoundingly big set of antlers. This is where the 3,000 dollars comes in because this man is on a guided elk hunt that has been set up on a high fenced ranch (the animals have no way to escape or be free), the elk are given special grass and food to grow big antlers.The man shoots the elk takes pictures and leaves the meat with the guides who will charge him an additional 500 bucks to get it cut and delivered to his house† People from around the world come to have supposedly the hunt of a lifetime and partake in an event that our ancestors have done but it is far from what actually happens. Many guided hunts are just slaughter of animals because they have no place to be free and live a life, they shoot the animals and the guide hauls it cuts it and prepares it and all you have to do is pay 3,500 dollars for it which is a deal right?Real hunting is when you pay 300 dollars a year to chase fair game through beautiful mountains and enjoy cutting the meat h auling it and doing all of the stuff that makes hunting what it truly is today. HOW ARE ORGANIZATIONS GETTING INVOLVED Many people have a jaded opinion about hunting because they see tv shows about it and the people always shoot the big animals and it all looks so easy but in reality it is not all that easy, real hunting requires patience love and respect for not only the pastime of it but the animals as well.No person will ever be right about wether it is ethical or if it isn’t but everybody can have a say in what they think is right or what they believe in. hunting is such a controversial subject to many people because just like anything, if you don’t know anything about it you are either really interested or very skeptical and I have found that many people are skeptical. Because of all the modern PETA campaigns many people are upset about hunters going out and harvesting an animal because it is an â€Å"innocent† animal that has been killed for pleasure or th rill.But hunting is an art form and a blessed opportunity for humans to provide their family with meat as well as learn more about the outdoors and life. Many campaigns have been run to stop hunting in many states. These campaigns are put together by PETA a non-profit organization that try’s to outlaw the abuse and neglect of animals, also called animal cruelty. Organizations like PETA are against hunting because they are under the impression that hunting is a cruel form of killing helpless innocent animals which is true somewhat.What they do not understand is that while many animals die every year but true hunters will never kill for the fun of shooting a gun or killing. With a lot of the gun laws that the president is trying to pass maybe all of these animal cruelty organizations wont have to keep fighting hunters because if such laws pass then many Americans will not be able to hunt anymore. Rumor has it that PETA is trying to get all gun laws passed just because of the wa y that it could help save many animals every year.Hunting is a very controversial subject because it is so important to some people and many families rely on an animal to be harvested every year. Good hunting ethics are not usually covered by written laws. Ethics are a personal code which dictates how we act. It is conduct that is morally right, safe, proper and fair. According to Aldo Leopold, regarded as the â€Å"father† of wildlife management, â€Å"ethical behavior is doing the right thing when no one else is watching- even when doing the wrong thing is legal. † T. D. Carroll, the Father of Texas Hunter Education, once said: â€Å"There are written and unwritten laws.The written laws tell us what we can and cannot do while the unwritten laws tell us what we should and should not do. † HOW WOULD ANIMALS BE AFFECTED IF WE DID NOT HUNT If we didn't hunt animals they would die of starvation and disease. That is why we have regulations on hunting. And that is wh y bag limits and seasons change yearly. Take for instance the Snow Goose, It is so overpopulated right now that it takes food from animals and fish that are low in population thus the overpopulation of this bird could cause other animals to go extinct.It would not be the hunters causing the extinction. This year there was a conservation order in effect issued by the Colorado Fish and Wildlife Department to hunt as many as you can-no bag limit which seems like a killing frenzy for all of the geese but given the options it really helps all animals. Another instance is with exotic species (species that don't naturally occur in a particular area). For instance here in Colorado, the Mountain Lion does not belong here but It flourishes and if it keeps its pace then it could totally wipe out the population of native species of animals.Thus, the state says you can hunt and kill the Mountain Lion whenever you want and as many as you want, you just have to tell the state where you shot it. Lo ok at the wild pig. Not natural to the United States and now we have a major problem on our hands. They destroy crops and take the food of our natural species. If deer hunting became illegal we would have so many deer in this country no one would be able to drive down the highway without fear of hitting one at 70mph possibly killing the passengers of the vehicle.Or there would be so many deer the food would eventually run out for them causing them to starve to death. Many in Colorado are interested in living a healthy lifestyle, which often includes consuming organically-grown food. â€Å"Locally grown† is becoming an increasingly popular way to enjoy fresh fruit and vegetables and backyard gardens are seeing a resurgence. One of the driving forces for the â€Å"going organic† movement is related to concerns about chemicals and pesticides associated with mass production of our food.Meat from hunting does not go through the chemical-related processes of grocery-store do mestic meats. Hunting and eating wild game provides a lean, â€Å"free-range† protein product similar to that of organic food stores. Moreover, for those who hunt, fresh meat procured through hunting offers a â€Å"do-it-yourself† pride and satisfaction similar to that of growing your own garden. Hunting provides healthier food for the hunter and his/her family. I have nothing against farmers, I support them 100%, but there's more protein in the meat of a wild animal than there is a cow, pig, etc.So, more protein means a healthier cut of meat. It only takes one male to reproduce so anybody that says population control isn't a â€Å"valid† reason to hunt isn’t well equipped with the facts of hunting. Since it only takes one male animal, then there's no reason to have older animals that are not healthy reproduce because that would be passing along weaker genes, and that will make that generation of animals weaker. A lot of people say that hunters only shoot the males animals but that shows just how un-educated they are on this subject.I know many people who will kill a female over a male any day. There's no benefit to just harvesting males and not the females. Each sex needs a specific number harvested to keep the population healthy. Back to the example I used about an older male animal breeding. Same thing goes with female animals. The older they get, the weaker their offspring will be. The less milk they'll produce. The older the animal (males and females), the weaker the state of their body/health.Inbreeding DOES happen where animal populations have exploded. You need a good mix of male and females of different ‘lines' so that you will get healthy offspring. Not only for that aspect of population control- if there are too many animals in a given area no matter if they are mostly males or mostly females, the animals will deplete the area of resources- food, water, cover. So, not only will the animals be at a higher risk for di seases/illnesses like rabies or CWD in deer, the land will be greatly affected by it too.

Managerial Economics Chapter 5 and 6 Homework Essay

Part A: A firm maximizes profit when it equates MRPL = (MR) *(MPL) = MCL MPL= dQ/dL =1 – L/400 Therefore (40)*(1-L/400) = 20. The solution is L = 200. In turn, Q = 200 – (2002/800). The solution is Q = 150. The firms profit is= PQ – (MC)L= ($40) (150) – ($20) (200) = $2,000 Part B Price increase to $50: Q = Dresses per week L= Number of labor hours per week Q = L –L2/800 MCL=$20 P= $50 A firm maximizes profit when it equates MRPL = (MR) *(MPL) = MCL MPL= dQ/dL =1 – L/400 Therefore (50)*(1-L/400) = 20. The solution is L = 240. In turn, Q = 240 – (2402/800). The solution is Q = 168. The firms profit is ($40) (168) – ($20) (240) = $1,920 Optimal output of the firm would increase from 150 to 168, and labor would increase from 200 to 240, resulting in a decrease in profit to $1,920. Part B inflation in labor and output price: Assuming a 10% increase IN LABOR COST AND OUTPUT PRICE†¦ Q = Dresses per week L= Number of labor hours per week Q = L –L2/800 MCL=$20.20 (20*.10) P= $40.40 ($40*.10) A firm maximizes profit when it equates MRPL = (MR) *(MPL) = MCL MPL= dQ/dL =1 – L/400 Therefore (40.40)*(1-L/400) = 20.20. The solution is L = 200. In turn, Q = 200 – (2002/800). The solution is Q = 150. The firms profit is ($40.40) (150) – ($20.20) (200) = $2,020 Optimal output of the firm would remain the same at 150, and labor would remain the same at 200, however, there would be an increase in profit to $2,020 to correspond to the percentage increase in output price and labor cost (in this example 10%). Part C 25% increase in MPL: The marginal cost of labor would increase by the same percentage amount as price (25%), therefore the Marginal Cost of labor would increase from 20 to 25. Therefore 50 – L/8 =25 and L=200 Output and hours of labor remain unchanged due to the fact that price and cost of labor increase by same percentage amounts ALSO SEE PART B ABOVE INFLATION EXAMPLE I MADE DENOTING 10 PERCENT INCREASE IN LABOR AND OUTPUT. Chapter 5 Question 12 Page 220 Part A: Q = 100(1.01).5(1).4 = 100.50. Compare this to the original of Q=100 and we can determine that Output increases by .5%. The power coefficient measures the elasticity of the output with respect to the input. A 1% increase in labor produces a (.5)(1) = .5% increase in output. Part B: Dr. Ghosh- per my e-mail I was a bit confused with this question based on your lecture notes (as your notes state that BOTH inputs must change for a returns to scale to be determined) , so I have two different opinions. Opinion 1- The nature of returns to scale in production depends on the sum of the exponents, ÃŽ ±+ÃŽ ². Decreasing returns exist if ÃŽ ±+ÃŽ ²Ã‹â€š 1. The sum of the power coefficients is .5 + .4 < 1, the production function exhibits decreasing returns to scale where output increases in a smaller proportion than input. This is reflected in Part A of this problem where a 1% increase in labor (input) results in a .5% increase in output. Opinion 2- BOTH inputs must be changed in the same proportion (according to your lecture notes). Therefore, in this question I am confused. Only one of the inputs are being changed. Does this concept not apply, and is my original answer incorrect? I don’t see any scale where only one of the inputs are changed†¦As such, if both inputs MUST be changed then returns to scale can not be determined for this question as only L was originally changed. Chapter 6 Question 6 Part B Page 265 (part A not required) Demand is P = 48 – Q/200 Costs are C = 60,000 + .0025Q2. Therefore the TR= 48Q-Q2/200, and the derivative MR function would be MR = 48 – Q/100. The firm maximizes profit by setting MR = MC. Therefore, MR = 48 – Q/100 and MC = .005Q. Setting MR = MC (48 – Q/100) = .005Q results in: Q* = 3,200. In turn, P* = $32 (where 48-3200/200). Chapter 6 Question 8 Page 265 CE= 250,000 +1,000Q + 5Q2 $2,000= Cost of Frames and assembly P= 10,000-30Q Part A: Marginal Cost of producing an additional engine†¦ CE = 250,000 +1,000Q +5Q2 MCE = d/dQ (250,000 +1,000Q + 5Q2) =10Q + 1,000 MCCycle=MCEngine +MCframes and assembly; therefore MCCylce = 1,000+ 2,000 +10Q The inverse demand function provided in the text was P= 10,000-30Q TR = (P)*(Q) = (10,000-30Q)*Q =10,000Q – 30Q2 Obtain the derivative of this function to find MR: MR=d/dQ =(10,000Q – 30Q2) MR=10,000 – 60Q MR = MC 10,000 – 60Q = 1,000 + 2,000 +10Q 7,000 = 70Q Q=100 (profit maximizing output) P= 10,000 – 30Q =10,000 -30(100) Profit Maximizing Price=7,000 Therefore the Marginal Cost of producing an engine =1,000 + 10Q (q=100 from solving above) =2,000 MCEngine Marginal Cost of Producing a Cycle From equation developed above†¦ MCCycle = 1,000 +2,000 +10Q =1,000 +2,000 + 10(100) =$4,000 MCCycle Part B: Since the firm can produce engines at a Marginal Cost of $2,000, the opportunity to buy from another firm at a greatly reduced Marginal Cost of $1,400 would be sensible. MCEngine=$1,400 MR = MC 10,000 – 60Q = 2,000 +1,400 10,000- 60Q = 3400 Q=110 (profit maximizing output) P = 10,000 – 30(110) =6,700 profit maximizing price Therefore the firm should buy the engine since the engine produced by the firm is more than the engine provided by the other firm. Chapter 6 Question 10 Page 266 Part A: Revenue is P*Q. Obtain Marginal Cost function through 160 + 16Q + 0.1Q2 FOC (derivative of above equation) 16 + 0.2Q= MC From the P= 96 – .4Q we can determine that total revenue = 96Q – .4Q2 and the derivative or FOC is thus 96 – .8Q= MR Set MC = MR 16 + 0.2Q = 96 – 0.8Q Q=80 We solve for P by plugging this into our original equation P= 96-.4(80) P=64 Profit = 5,120 (80*64) – 2,080 (160 + 16*80 + .1(80)2) = $3,040 Part B: C =160 + 16Q + .1Q2 AC= (160+16Q+.1Q^2)/Q MC=d/dQ(160 + 16Q + .1Q2) MC=16 + .2Q AC=MC 160/Q + 16 + .1Q = 16 + .2Q 160/Q = .1Q .1Q2 =160 Q= 40 Average cost of production is minimized at 40 units, she is correct as AC = MC (see below). AC = 960/40 =24 MC = 16 + (.2) ($40) = $24 However, optimal output is Q=80 where MR = MC, therefore her second claim of 40 units as the firm’s profit maximizing level of output is incorrect. P = 96 – .4 (40) P=$80 TR = 80*40 =3,200 C = 160 + 16Q + .1Q2 =960 Profit = Revenue – Cost = 3,200 – 960 = 2,240 therefore output at 80 is greater than the profit at 40. Part C: We learned from part a the single plant cost is $2,080 or (160 + 16*80 + .1(80)2). If two plants were open each producing the minimum level of output detailed in part B (Q=40) then total cost would be (Q)*(AC) = 24*80 = $1,920. You can compare this to the cost in part A of $2,080 and determine it is cheaper to produce using the two plants.

Mental disorder councelor (Treanment for mental disorder (PTSD) Assignment

Mental disorder councelor (Treanment for mental disorder (PTSD) - Assignment Example He avoids traveling and meeting outsiders. His sleep patterns have become irregular and James is often was found sleeping during day-time. Sometimes he cries for no reason and appears emotionally disturbed. The concerned family members have brought him to the psychiatrist for evaluation and management. The problem James is suffering from is post traumatic stress disorder or PTSD. PTSD is defined as "a pathological anxiety that usually occurs after an individual experiences or witnesses severe trauma that constitutes a threat to the physical integrity or life of the individual or of another person" (Gore and Lucas, 2008). PTSD is the abnormal end result of a powerful and overwhelming stressful incident. It is a serious condition that can lead to personality changes, illness, and if it is ignored, may end with the person’s suicide. It occurs when people cannot work through their normal reactions and recover from the terrible experience. They get â€Å"stuck† and life for them is changed forever. There is high prevalence of PTSD and other psychiatric impairments in many emergency personnel. This is because of failure to cope with primary and particularly secondary stress in their daily work. This problem, together with the individual psychological consequences and expen ses related to work absenteeism and early retirement, seems to be very specific for these professions (Wagner, 1998). Symptoms of PTSD most often begin within three months of the event and last up to 6 months. Some may suffer even longer. The severity and duration of the illness varies from person to person. Symptoms of PTSD can be grouped into three main categories: Re-living, Avoiding and Increased arousal. Re-living: Personnel with PTSD repeatedly re-live the ordeal through thoughts and memories of the trauma through flashbacks, hallucinations and nightmares. They also may feel great distress when certain things remind them of the trauma. Avoiding: The personnel may

Community Needs Assessment for the Population of Little Havana Essay

Community Needs Assessment for the Population of Little Havana - Essay Example Little Havana is an urban area in the Miami city setting as characterized by a robust street life, good restaurants, several enterprises, parks, banks and a few cigar factories. The housing structures are mainly apartments although there are other housing structures. Physical Environmental Considerations General Identifying Data Little Havana is a neighborhood in west of downtown Miami in Florida, in the Miami-Dade County. Like the rest of Miami, Little Havana is an area in a larger plain topographically, with the Miami River forming its boundary to the North (Miami.gov.com, 2010). The climate of the larger area, city of Miami, is described as semi-tropical although there are a few extreme weather conditions due to hurricanes. The annual average rainfall is usually about 60 inches, with the months of July and August being both the hottest and the wettest. Most of the days are sunny but neither humid nor hot, and nights are characterized by cool temperatures. Boundaries and Area Little Havana’s boundaries are the Miami River in the north, SW 16th Street in the south, the SR 9/West 27th Avenue westwards and I-95 in the east. It has also been said to extend as far west as LeJeune Road/West 42 Avenue when taking considerations of the demographics that describe the area. The area occupied by Little Havana is officially cited as 4.208 square miles although the area is said to extend for example westwards (Miami.gov.com, 2010). Environment In terms of sanitation, Little Havana is served by the Miami-Dade County Water and Sewer Department. Since the major form of housing is composed of apartments, Little Havana’s water, sewer services, garbage considerations follows these lines. In this regard, it is observed that most of the apartment owners pay for water supply, sewer and trash removal. The Little Havana community is thus not in hazard from lack of water supply, sewer and garbage collection. The other consideration is pollution which has to take in to account the not only the larger Miami city area but also the state of Florida. First, Miami-Dade County ranks in the upper percentile in terms of water and air toxicant releases. Florida is also home to 7 of seven air polluters under watch from the federal EPA. Although, most of the figures are still below the harmful levels, the state and thus the residents in Little Havana are exposed to averagely higher levels of releases than the national averages. The pollution index for the Little Havana neighborhood is 43,296,200, whereas for the state of Florida the figure is 16,442,453 and the national average is a significantly lower 6,623,939. This means that the Little Havana community is at greater risk than the rest of the USA from chemical releases that include ozone depleting substances like 1,1-dichloro-1-fluoroethane and cancer risk substances such as chromium (Scorecard, 2011). A consideration closely related to overall pollution is the air quality. As discussed earlier, Florid a has 7 factories under the watch-list of federal EPA, and although the air is clear and odorless, particulate releases are present including ash and carbon. The Air Quality Score for Little Havana (also for Miami and the rest of Florida) is 33, while the national average is 37. Due to this, the residents of Little Havana are subjected to averagely higher risks of carcinogenic, developmental, immunotoxicant and skin toxicants than the rest of the USA (Scorecard, 2011). Little Havana and the wider state of Florida has stable food supply from the sea, farms and processed sources. Little

Long-term financing of companies Essay Example | Topics and Well Written Essays - 1500 words

Long-term financing of companies - Essay Example If a company that has already undergone an IPO needs to raise substantial capital again and it chooses to issue new equity in order to finance it, this is called seasoned equity offering (Butler, Grullon & Wetson 2005). Seasoned equity offerings come in different variations as regards the terms of the offer such as offering the stocks at investors-at-large or through a rights offerings. Under the rights offering, the company can issue rights to the purchasing the new shares to recipient investors on a proportionate basis (Weller 1962). These rights can either be sold or utilised depending on the recipient investors (Weller 1962). In 2008, Tesco Plc has seasoned equity offering that amounted to 130 million pounds; this is consist of 3 million pounds in issue capital, and 127 million pounds in share premium (Tesco Plc 2009). According to Tesco Plc, part of this seasoned equity offering is to issue shares as stock options are exercised. The rest of it is used for additional financing to the company. On the other hand, Marks & Spencer has issued 0.5 million pounds in equity (Marks & Spencer 2009). In contrast to Tesco Plc, this issue of shares by Marks & Spencer is due to exercise of options. However, seasoned equity offerings are used by the two companies in raising funds to finance their operations. One major advantage of this source of long-term funding is the huge amount of capital that large companies such as Tesco and Marks & Spencer have access in the form of the stock market. As regards the size of the capital raised, seasoned offerings in the stock market really provide huge advantages to these companie s. Seasoned equity offerings also have some shortcomings. For one, after an SEO, it is very usual that the stock price of the company gets lower because of the increase in price. There is a period of time before the price of the stocks will incorporate the information about the company, and this

Questions and Answers Essay Example | Topics and Well Written Essays - 500 words - 3

Questions and Answers - Essay Example The advent of lift-the-flap books has created a new generation of stories told in a format that integrates the awe inspired by imagination that can only be best achieved through ingenious writing and the visual stimulation that is brought by tangible images before a child’s very eyes. This type of children’s books more than qualifies as a run-of-the-mill bedtime story. It is meant to capture the attention of the reader through active role play. Smith provides for a great analogy that she has associated with lift-the-flap books as inspired by Jane Austen. The feeling of the reader that she attributed to the scene with Catherine instigates awkwardness that is simultaneous with a deep sense of desire to peek through (2001, p.225). Children are necessarily curious beings who have the propensity to want to know what’s next or who is it or what is that. It is by nature that anyone during their childhood had the desire to satisfy their curiosity in almost all circumstances. Lift-the-flap books have capitalized on this fundamental aspect that characterizes their core readers. Instead of the mere act of reading words juxtaposed with pictures, flap books build up on the notion of the unknown and the idea of something foreign albeit exciting inside that rouses the senses. This is arguably the same feeling that any child, or adult for that matter, would have over a present during Christmas day. There is an interactive sense of involvement between the book and the reader where, being more than a passive part of the activity, one gets to decide when and how he will enjoy himself in the process. There is an invitation that motivates the inquisitive mind of the young reader to explore and determine on his own terms. This reminds of the famous psychological marshmallow experiment where children would be promised to be given a reward if they will not eat the marshmallow for a

Racing Essay Example | Topics and Well Written Essays - 250 words

Racing - Essay Example Hence, only those with an unyielding attitude are found willing to accept struggles and unceasingly proceed with the race. Though it typically pertains to a sport in which racers compete for speed and strategizing at the maximum speed to emerge as the first on the finish line, people in general form varying connotations about ‘racing’. Often times, racing is valued for the idea that life is only lived once so one should seize every opportunity that comes his way. It becomes worthwhile as well to consider that racing may represent people who are optimistic enough to not lose heart with their depressed conditions and keep the race with life instead, positively hoping for recovery no matter what it takes. To others, racing is a means to demonstrate potentials of being tough amidst crises or in contending against an opponent who wishes to maintain a tight competition, hence, only those with an unyielding attitude are found willing to accept struggles and unceasingly proceed with the race.Perhaps it is through the ambiguity of the term ‘racing’ that the world has been led to further inclination and fondness of a racing sport in view of its associated principles which are applicable to a person’s life. As it turns out, the fascination to reach a goal or beat the rest who go after the same goal creates the basic idea about racing which eventually serves as a guide for a racer to live a life of purpose regardless of the type of field or endeavor chosen.

Discussion Questions Essay Example | Topics and Well Written Essays - 500 words - 1

Discussion Questions - Essay Example The ethical issues arising from downsizing are evaluated in terms of utilitarian ethical concepts that indicate the downsizing decision or action is morally or ethical valid if it results in the greatest good for the greatest number of people. Another ethical issue of downsizing examines the concept of rights and duties made famous by Immanuel Kant. According to Gilbert (2000), â€Å"the basic position here is that individuals have rights, either as humans, as citizens of a given country or state, or as occupants of a particular position. These right rights confer duties on others, and the morality of a given decision or act can be determined by an analysis of these rights and duties.† The ethical issue in this case arises when employees stress that they have rights to their jobs and therefore managers have a duty not to lay them off. Finally, the ethics of justice and fairness are evaluated in situations where it does not seem fair for one employee to be selected to be termin ated despite performing well.

Internet and Social Networking Privacy Essay Example | Topics and Well Written Essays - 1000 words - 1

Internet and Social Networking Privacy - Essay Example I have identified three major trends in approaching this question among the authors of articles and books on Internet privacy. The first one is the view that the Internet privacy does not exist at all. Secondly, some authors acknowledge that privacy on the Internet may be reached through certain measures and that privacy exists/may exist but always to certain extent. Thirdly, there are authors who claim that privacy on the Internet is not something to worry about, since it is normal that it may be violated for the sake of the third party’s interests. More than a hundred years ago privacy was defined as the â€Å"right to be let alone† (Warren & Brandeis 193) While users generally agree that privacy is basically about human dignity as well as protection of private property, in the virtual world, this notion is narrowed. Specifically, information privacy is thought to exist if one is able to control the usage, circulation, as well as release of personal information (Culna n 341). With the rapid growth of the web space and progress of technology, concerns of users’ regarding personal privacy threats are growing, too. While many people sincerely believe that maintaining privacy while on the Internet and especially while visiting social networking sites is their basic right and the basic thing you need to do to protect your privacy is to merely adjust the privacy settings, Steven Rambam and other authors believe that privacy does not exist on the Internet. A private investigator and head of Pallorium Investigative Agency, Rambam gave a few talks at American conferences whose basic idea was â€Å"Privacy is Dead – Get Over It†. In particular, in his talk on privacy death at the 8th www.Toor.Con.org Information Security Conference in San Diego back in 2006, Rambam provided an overview of online databases and resources that could effectively be used with investigative purposes. â€Å"Digital footprints† left practically by every body today help Rambam retrieve as many as up to 500 pages of personal information in just a few hours about a person he is not familiar with at all (Rambam, â€Å"Privacy is Dead – Get Over It†) At the Last HOPE Conference, Rambam described the process of finding necessary information on the Internet through intrusion into privacy, which as the speaker remarkably noted â€Å"is out of the bottle† (Mills, â€Å"The Internet – a Private Eye’s Best Friend†). Specifically, every search through Google, each blog post, and each photo posted online mean further losing the fight over privacy protection for users. This is because â€Å"anything you put on the Internet will be grabbed, indexed, cataloged, and out of your control before you know it† (Mills, â€Å"The Internet – a Private Eye’s Best Friend†). According to Rambam, every kind of information online is digitized, with older information scanned and placed online, after which this mixture gets aggregated into special databases sold to government agencies, marketers, and virtually anyone able to pay for it. Twitter, cell phones, taking photos by iPods, etc are all tools to identify a person’s location; buying preferences and alike information is gathered by marketing databases that are bought by the government. Thanks to using the information provided by

Creativity, innovation Essay Example | Topics and Well Written Essays - 1000 words

Creativity, innovation - Essay Example It can also include the effect on the local community who might have to live in the shadow of their premises, and how they engage with the community, their customers and workforce. Social Accounting helps organizations to investigate its performances in relation to social, environmental and economic objectives ensuring that organizations core objectives are met in doing so. Focusing on the automobile Industry, almost all the large brands ensure that the keep CSR at par which includes Sustainability Reporting along with the Financial Statements. Most companies in the sector have CSR policies implemented throughout their operations including proper management system for the same. Following is the comparison of two of the industries’ brands; namely Toyota and Honda. Toyota has implemented a CSR policy throughout its operations that is based on the company’s Guiding Values. Furthermore, the company has also implemented a separate policy on Biodiversity, as well as a Code of Conduct, a Global Vision for 2020, and the Toyota Way 2001, which outlines the expectations of how employees should behave. It also has an environmental plan of action that includes design production and recycling. Toyota has a separate CSR department, as well as a CSR committee that includes members of the executive board. The company is a member of the World Business Council for Sustainable Development (WBCSD), but does not mention any of the relevant international standards in its international CSR report or CSR policy. Several regional divisions also publish their own annual CSR reports in accordance with GRI standards. Toyota annually produces its sustainability report including environmental aspects, social aspects, and economic aspect. â€Å"Its environmental aspect addresses Energy/ Global Warming, Recycling of resources, Substance of concern, Atmospheric Quality, Environmental

The L-Tryptophan Recall Essay Example for Free

The L-Tryptophan Recall Essay What L-Tryptophan is? Amino acids are naturally occurring component of human body. They provide the monomer units from which large proteins are synthesized. Amino acids are described as the nitrogen-containing organic compounds forming the building blocks of proteins. â€Å"They are essential to human metabolism, and to making the human body function properly for good health†. (http://www.findarticles.com/p/articles/mi_g2603/is_0001/ai_2603000153)    Amino acids are classified as essential and non-essential amino acids. Essential amino acids are those which are required to be included in the diet as body is not capable of synthesizing it. â€Å"Of the 28 amino acids known to exist, eight of them are considered essential, defined as those that can be obtained only through food. These essential amino acids are tryptophan, lysine, methionine, phenylalaine, threonine, valine, leucine, and isoleucine. The non-essential amino acids include arginine, tyrosine, glycine, serine, glutmamic acid, aspartic acid, taurine, cycstine, histidine, proline, alanine, and creatine, which is a combination of arginine, glycine, and methionine.† (http://www.findarticles.com/p/search?qt=tryptophanqf=allqta=1tb=artx=0y=0) Tryptophan (L-Tryptophan) is one of the essential amino acid encoded by the genetic code as codon UG. Tryptophan is found in protein rich foods. Its sources includes â€Å"oats, bananas, dried dates, milk, yoghurt, cottage cheese, red meat, eggs, fish, poultry, sesame, chickpeas, sunflower seeds, pumpkin seeds, spirulina peanuts and turkey†. (http://en.wikipedia.org/wiki/Tryptophan) Tryptophan (L-Tryptophan) is used for treating Depression, Anxiety, Insomnia, Aggression, Pain and many other neurological disorders. It is helpful for neurological disorders because tryptophan is a precursor of serotonin. Serotonin is a neurotransmitters used at almost all nerve endings present in our body.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The metabolite of tryptophan, 5-HTP can be obtained in capsule or tablet form from any pharmacist without a prescription since it was included under the Dietary Supplement Act. What Products Contain It and What Their Uses Are? As already mentioned, L-Tryptophan is a precursor of serotonin. Serotonin works in the body as an anti-depressant, pain and anxiety suppressor, or a sleep inducer. Therefore,  Ã‚   L-Tryptophan is found in many anti-depressant drugs such as Paxil and Zolof and even Prozac and thus when taken, produces serotonin. Other pharmaceutical products containing L-Tryptophan includes names like Xanax, Valium, Halcion, Dalmane, Codeine, Anafranil. Xanax, or alprazolam, also belongs to the class of drugs benzodiazepines. Xanax is used to treat anxiety. It acts on the brain chemicals which causes anxiety.   It should not be taken by pregnant or lactating women without prescription due to its harmful effects. Xanax can cause serious birth defects.   Xanax overdose is fatal and should contact your doctor immediately. Halcion also belongs to the benzodiazepine class of drugs.   Triazolam, the generic name for Halcion, is used for treating short-term insomnia. Dalmane, generic name Flurazepam hydrochloride, is used for treating insomnia. Insomnia is defined as difficulty in falling asleep or waking up frequently at night. Dalmane is usually used by people who have frequent insomnia or who have poor sleeping habits. It belongs to a class of drugs known as benzodiazepines. It is a prescription drug and taken as prescribed by your doctor. Side effects include dizziness, drowsiness, falling, lack of muscular coordination, light-headedness, staggering. The side effects increases if it is combined with the following:- â€Å"Antidepressants such as Elavil and Tofranil Antihistamines such as Benadryl and Tavist Antipsychotic drugs such as Mellaril and chlorpromazine Barbiturates such as Seconal and phenobarbital Narcotic painkillers such as Demerol and Tylenol with Codeine Sedatives such as Xanax and Halcion Tranquilizers such as Librium and Valium† (http://www.pdrhealth.com/drug_info/rxdrugprofiles/drugs/dal1113.shtml) Clomipramine, (brand name: Anafranil), is an anti-depressant used in treatment of depression and obsessive-compulsive disorder (OCD).   It effects the serotonergic neuronal transmission by an unknown mechanism. Clomipramine should be avoided after myocardial infarction, liver damage, kidney damage, or glaucoma. The most noteworthy side effect of clomipramine known is seizures. Codeine is more commonly known as Empirin, Tylenol or Tylenol with Codeine Elixir. Codeine is an analgesic drug (narcotic pain reliever). It is used to treat all kinds of pain. â€Å"Codeine is frequently combined with Tylenol or aspirin for more effective pain relief.. EMPIRIN contains aspirin and is, therefore, not used in patients with a history of aspirin allergy†¦Ã¢â‚¬ ¦Tylenol with Codeine tablets contain a sulfite that can cause allergic asthma and even life-threatening anaphylaxis reactions in susceptible patients.†   http://www.medicinenet.com/codeine/article.htm Other side effects are usually subtle including abdominal pain, constipation nausea, vomiting and sedation. Tryptophan was banned in the United States due to the endemic outbreak Eosinophilia- Myalgia Syndrome (EMS). â€Å"The ban is maintained till now and its availability is limited to the prescription drug (Tryptan), infant formulas, and enteral feeding products. Since 1994 tryptophan is available and marketed as a dietary supplement in the United States, while imported product remains limited by special regulations†. http://findarticles.com/p/articles/mi_m0FDN/is_1_11/ai_n16126569 EMS (The Disease Caused By These Products) L-tryptophan is popular among health conscious individuals for treating pain disorders and insomnia. Contrary to its popularity, tryptophan metabolism includes a lot of disorders. Some of the diseases/complications involved in tryptophan metabolism include Eosinophilia- Myalgia Syndrome (EMS), Pellagra, and Hartnup Disease, eosinophilic fasciitis, bronchiolitis obliterans with organizing pneumonia (BOOP), acute eosinophilic pulmonary disease, and Hypercapnic respiratory. â€Å"The name pellagra comes from the Italian pelle, skin + agra, rough = rough skin, referring to the skin problems in pellagra†. http://www.medicinenet.com/script/main/art.asp?articlekey=10366page=7 Pellagra is defined by a deficiency of niacin (B complex vitamin) or tryptophan (an amino acid). It is characterized by the 4 D’s: diarrhea, dermatitis, dementia, and death, usually appearing in this order. Other features are ulcerations within the mouth (glossitis), nausea, vomiting, seizures and balance disorder (ataxia). Niacin can prevent pellagra (and can cure it). Niacin is abundant in red meat, fish, poultry, and green leafy vegetables. Hartnup disease occurs when the essential amino acids such as, tryptophan, alanine, asparagine, glutamine, histidine, isoleucine, leucine, phenylalanine, serine, threonine, tyrosine and valine, are lost in the urine. â€Å"The clinical features of Hartnup disease are virtually identical to those of pellagra,† except the dermal findings are absent neuropsychiatric disturbances are more pronounced. â€Å"Cerebellar ataxia, psychiatric disturbances, and diarrhea are common†. (http://www.medstudents.com.br/nefro/nefro3.htm) Eosinophilic fasciitis is a syndrome effecting fascia. Fascia is a muscle tissue present underneath the skin. Fascia is inflamed and thickens. Rapid swelling occurs in the hands, arms, legs, and feet. The cause of eosinophilic fasciitis,however, is unknown. Eosinophils, a type of white blood cell, increases in the affected fascia and muscles. Eosinophils are associated with allergic-type reactions. Symptoms include tenderness and swelling of the arms and legs, thickened skin, muscle weakness and bone pain or tenderness. It is usually treated wit corticosteroid medications, which provides relief of the symptoms. Non-steroids anti-inflammatory (NSAIDs) may also help. â€Å"Bronchiolitis obliterans with organizing pneumonia (BOOP) is an inflammation of the bronchioles and surrounding tissue in the lungs. BOOP may affect small areas of the lungs or the entire lung†. The pneumonia isnt infectious, but it is due to inflammation of the lung tissue around the inflamed bronchioles. The causes of BOOP are still unknown but it is predicted that is caused by certain medications, radiation therapy, organ and tissue transplantation or some connective tissue disorders, such as lupus. â€Å"Chest radiographic findings [are also] suggestive of L-tryptophan.†   Ã¢â‚¬Å"People with BOOP may or may not experience signs and symptoms. However, it can be detected on chest x-rays†. (http://lungdiseases.about.com/od/termsdefinitions/f/what_is_boop.htm) and (http://www.findarticles.com/p/articles/mi_m0984/is_n6_v104/ai_14707382) â€Å"A cluster of four patients has been identified with pulmonary infiltrates, pleural effusions, hypoxemia, peripheral eosinophilia, and histologic evidence of pneumonitis and pulmonary vasculitis. In addition, these patients report ingestion of L-tryptophan-containing products at a time when the public was made aware of an association between the ingestion of L-tryptophan-containing products and the development of an eosinophilia-myalgia syndrome.† (http://www.findarticles.com/p/articles/mi_m0984/is_n1_v99/ai_10489355) â€Å"Respiratory failure due to a disease of the muscles used for breathing (pump or ventilatory apparatus failure) is called hypercapnic respiratory failure. The lungs of these patients are normal. This type of respiratory failure occurs in patients with neuromuscular diseases such as myasthenia gravis, stroke, cerebral palsy, poliomyelitis, amyotrophic lateral sclerosis, muscular dystrophy, postoperative situations limiting ability to take deep breaths, and in depressant drug overdoses. Each of these disorders involves a loss or decrease in neuromuscular function, inefficient breathing and limitation to the flow of air into the lungs. Blood oxygen falls and the carbon dioxide increases because fresh air is not brought into the alveoli in needed amounts. In general, mechanical devices that help move the chest wall help these patients.† (http://www.healthnewsflash.com/conditions/respiratory_failure.php#6) â€Å"Pellagra is now rare in developed countries which enjoy balanced diets and fortified foods, but it was once a huge public health problem in the US. Three million Americans contracted pellagra and 100,000 died of it from 1906-40.† (http://www.medterms.com/script/main/art.asp?articlekey=4821) The most well-known disease of L-Tryptophan metabolism is of the Eosinophilia- Myalgia Syndrome (EMS). â€Å"Eosinophilia Myalgia Syndrome is an immune mediated disease that  appeared in the United States as an epidemic in 1989. EMS resulted from ingestion of large amount of an amino acid, L-Tryptophan. Eosinophilia is an elevated level of a type of white blood cell called an eosinophil. Myalgia refers to muscle pain. Many Americans ingested the supplement regularly or occasionally during the 1980s, often upon the advice of a physician, for medical problems including insomnia, chronic pain, and depression†. http://eosinophilia-myalgia.swiftsite.com/) The overwhelming majority of persons who got sick with EMS had ingested contaminated L-Tryptophan eventually traced to one large petrochemical company, Showa Denko K.K., of Japan. Bottle labeling did not indicate the raw product originated in Japan, and nobody in this country, it seems, was told that genetic engineering had been used to manufacture the L-Tryptophan. â€Å"Evidence also shows that overloads of tryptophan supplements inhibit histamine degradation by increased formation of formate and indolyl metabolites, several of which inhibit the degradation of histamine, thereby potentiating its effects. Excessive histamine activity is known to induce blood eosinophilia and myalgia. Furthermore, patients with hypothalamic-pituitary-adrenal axis dysregulation who do not have EMS also manifest greatly increased sensitivity to incurred tryptophan and histamine. Histamine disequilibrium appears to be a final common pathway for syndromes characterized by eosinophilia with myalgia.† (http://www.emedicine.com/med/topic693.htm) EMS is characterized by flu-like symptoms. â€Å"Intense muscle pain with spasms and contractures, burning rashes, breathing difficulties and elevated eosinophil (a type of white blood cell) count are also present†. http://www.iffgd.org/GIDisorders/Other.html â€Å"The skin and other organs get infiltrated by inflammatory cells, including eosinophils, and the connective tissue is often inflamed and fibrotic. Other chronic features include neuromuscular disease and cardiac disease†. http://www5.geometry.net/detail/health_conditions/eosinophilia_page_no_5.html It â€Å"causes permanent scarring and fibrosis to nerve and muscle tissues, continuing inflammation, and provokes a permanent change in the bodys immune system.† The body systems affected by EMS includes â€Å"neuromuscular, cardiopulmonary, gastrointestinal, dermatologic  and endocrine systems.† Over time, the cutaneous abnormalities tend to improve, but many EMS patients continue to experience muscle cramps, muscle pain, fatigue, and memory disturbances. There is, unfortunately, no cure for EMS. Research is being conducted to develop an animal model of EMS so that its pathophysiology can be studied and treatments can be developed. Actual Recall and What Happened When It Was Issued Eosinophilia Myalgia Syndrome appeared first in 1989 in Mexico. Three women were suffering from a mysterious, undiagnosable condition whose symptoms comprised of â€Å"muscle pain and a high Eosinophilia count (a type of white blood cell that is usually found when a toxin or parasitic infection is present). The one thing common among all of the women was L-tryptophan†. The product came from Showa Denko Inc, a Japanese company.   Showa Denko Inc was reducing their manufacturing cost compromising in its purification procedures and quickens the production process through genetically engineered bacteria. Consequently, contaminated batches of L-tryptophan were placed on the market. Within months, 37 people killed and over 1500 were permanently disabled when they used this product.   (http://www.nemsn.org/) â€Å"Food and Drug Administration (FDA), in 1990, banned the sale of all over the counter L-tryptophan dietary supplements as it was found to be the common link in the EMS cases. Research was conducted to discover the cause of this illness. An unidentified impurity, called peak X, was found. The products were traced back to one manufacturer, Showa Denko KK (SDKK), one of Japans largest petrochemical companies†. (http://www.nemsn.org/) Centers for Disease Control and Prevention (CDC) and the FDA agreed to that instituted a recall.   â€Å"The Food and Drug Administration today expanded its recall of L-tryptophan to include even small dosages of the manufactured dietary supplements†¦.The recall applies to all L-tryptophan products in tablet, capsule, caplet, powdered or liquid form, along with multi-ingredient, non-protein supplements that also contain L-tryptophan. (http://www.fda.gov/bbs/topics/NEWS/NEW00064.html) Recall The Food and Drug Administration (FDA) is responsible for guaranteeing the safety of the people of United States from the use of a variety of products, including drugs, medical devices and foods. â€Å"The FDA provides important and timely clinical information about safety issues involving medical products, including prescription and over-the-counter drugs, biologics, medical devices, and special nutritional products, including medical foods and dietary supplements. The FDA issues and/or announces product safety alerts, recalls, withdrawals, and important labeling changes that may affect the health of all Americans.† (http://www.drugrecalls.com/drug_recalls.html) A Recall is defined as an action taken by the FDA to remove a product from the market. However, under the Federal, Food, Drug, and Cosmetic Act, FDA can only request and not impose a firm to recall a product.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   FDA has no authority under the Federal Food, Drug, and Cosmetic Act to order a recall, although it can request a firm to Recall a product. Under FDA’s regulation, a firm usually proceeds with a recall of a product voluntarily. It is because if they don’t comply FDA can seek a court order under the Federal Government to confiscate the product.   Ã¢â‚¬Å"The recall of a defective or harmful drug or product is sometimes publicized in newspapers and in news broadcasts. The FDA publicizes a recall only when it believes the public needs to be alerted about a serious hazard. The FDA expects companies to take full responsibility for product recalls, including follow-up checks to assure that recalls are successful. After a recall is completed, the FDA makes sure that the product is destroyed or suitably reconditioned and investigates why the product was defective.† (http://www.drugrecalls.com/drug_recalls.html)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 1989, an epidemic of a serious disorder called for eosinophilia-myalgia syndrome (EMS) spread in the United States. It was associated with ingestion of large amount of essential amino acid L-tryptophan. Over 1,500 EMS cases were reported which includes 38 deaths.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After this incident, FDA imposed a recall on â€Å"all marketed products to which manufacturers had added [been] L-tryptophan†. Some particular medical foods or infant product essential for nutrition is were left. FDA also put alerts on the import of raw material used in association of L-tryptophan. http://www.fda.gov/bbs/topics/CONSUMER/CON00259.html   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   EMS outbreak originated from a particular product coming from Japanese manufacturer. A lot of research has been done to know the exact cause of EMS; however, none of them has been successful. Yet, th e recall remains. Product Liability Laws Product liability comprises a number of laws and court rulings that apply to â€Å"manufacturers, wholesalers, distributors, suppliers, retailers [who] are held responsible for the injuries those products cause†. The phrase is used to describe situations in which a person or property is injured or damaged in some way due to a defective product or service. Negligence, Breach of warranty and strict tort liability are the claims associated with product liability laws. In the US, product liability laws are determined at the state level and they vary from state to state.    Different elements are needed to be proven for each type of claim. However, â€Å"in any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing†. Design defects are present before the product is being manufactured; manufacturing defects occur during the manufacturing process; and, defects in marketing occurs during the marketing process of the product where false information is given to the consumers.    (http://www.law.cornell.edu/wex/index.php/Products_liability#products_liability_law:_an_overview) Negligence Negligence is defined as when the product manufacturer is unable to provide the legal standards protecting individuals against his/her product. In order to win a lawsuit against another person or company for products liability action under the theory of negligence, â€Å"a plaintiff must demonstrate that the injuries complained of were caused by a defective product whose defect existed at the time of injury and at the time in which the product left a manufacturers control†. A plaintiff must show that the goods were unreasonably dangerous either for the use to which they would ordinarily be put or for some other reasonably foreseeable purpose, and that the unreasonably dangerous condition existed when the goods left the manufacturer. (http://www.legal-definitions.com/personal-injury-law/product-liability/strict-liability-and-negligence-theories.htm) Elements Of Negligence Involved †¢ Duty:- According to the tort law, a Duty of Care is a legal obligation imposed on an individual or manufacturer requiring them to exercise a reasonable standard of care while performing any acts that could harm others. Duty of care in law should be identified for an action in negligence. Breach: Once the duty of care has been established, the plaintiff must prove that defendant failed to perform the necessary action. There will be a breach of the duty of care if defendant failed to do so. †¢ Causation: According to negligence, causation in defined as a situation when it has been proved that defendant has caused some kind of harm to the plaintiff. †¢ Damages/Harm:- â€Å"Damages are compensatory in nature and not penalizing. This means the amount awarded should aim to compensate for the pain and suffering suffered by the Plaintiff.† (http://en.wikipedia.org/wiki/Negligence) †¢ Manufacturer liabilities:- As previously mentioned, manufacturer liabilities occur during the manufacturing process of the product. Subsequent liabilities of the distributors:- Distributors are held responsible if they provide false information, regarding the product, to the consumers. Breach of Warranty   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Breach of warranty is defined as the existence of defective goods at the time of sale. A warranty is violated and the seller may be held liable. Strict Tort Liability â€Å"Strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.† (http://en.wikipedia.org/wiki/Product_liability#Products_Liability_and_Strict_Liability) FDA regulations (briefly discuss FDA’s view)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On March 22, 1990, the FDA banned the public sale dietary of L-Tryptophan completely. This ban continues today. Even small dosage of manufactured dietary supplements and manufactured L-tryptophan products in tablet, capsule, caplet, powdered or liquid form, along with multi-ingredient, non-protein supplements that also contain L-tryptophan,† come under this recall. â€Å"HHS Secretary Louis W. Sullivan, M.D., said, We are confronted with a Major public health problem.   He warned, EMS can cripple.   It can cause great pain.   It can kill.   It has had long-term effects on some unfortunate individuals, and some patients are not responding to treatment.   I urge everyone to stop taking these supplements immediately. FDAs Nov. 17 recall was base on evidence from the U.S. Centers for Disease Control in Atlanta and state public health agencies that EMS victims had intakes of L-tryptophan that ranged from 150 to 17, 000 milligrams a day.†(http://www.fda.gov/bbs/topics/NEWS/NEW00064.html)   Class Action Suits Brought On By People Affected By L-Tryptophan Recall  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A tort is an unintentional violation of another persons rights, usually due to negligence. It is different than a crime, which generally is an intentional violation of anothers rights. A tort is subject to civil action and subsequent judgment for damages payable to the wronged party, whereas a crime is subject to criminal action and subsequent penalty. The Case: SHOWA DENKO K.K. v. PANGLE et al. (A91A1435)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚   (1991)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚   Product liability action. Catoosa Superior Court. Before Judge Tucker. Plaintiff: Juanita Louise Pangle Defendant: Showa Denko K.K. (Showa Denko), Natures Bounty, Inc., the Hudson Corporation, and Showa Denko America, Inc. (S.D.A.). In late 1989, the Plaintiff Juanita Louise Pangle, a resident of Georgia, suffered from eosinophilia myalgia syndrome. EMS resulted from ingesting a large dose of L-Tryptophan, an amino acid, in the over the counter food supplement. She and her husband filed a product liability case against: Nature’s Beauty, Inc., the pharmacy from where she purchased the food supplement; the Hudson Corporation, the manufacturers which produced and marketed the food supplement; â€Å"Showa Denko K.K. (Showa Denko), the Japanese company which allegedly produced the raw material used by the manufacturers of the tablets; and Showa Denko America, Inc. (S.D.A.), the New York subsidiary of Showa Denko which marketed and distributed the raw material to American pharmaceutical manufacturers. Showa Denko appeals the denial of its motion to dismiss on the ground that personal jurisdiction is lacking both under the Georgia Long-Arm Statute and pursuant to constitutional requirements of due process. The Georgia Long-Arm Statute requires that an out-of-state defendant must do certain acts within the State of Georgia before he can be subjected to personal jurisdiction.† (http://www.lawskills.com/case/ga/id/33636/) According to the evidence and investigations provided, S.D.A. distributes and markets L-Tryptophan and other products in the United States. S.D.A. works for Showa Denko.   Georgia Long-Arm Statute states that since S.D.A is subjected to jurisdiction because it performed an act for Showa Denko, Showa Denko will also be subjected to jurisdictions. (S.D.A. filed no motion to dismiss)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Showa Denko is a diverse manufacturer who manufactures and sells many different products throughout the United States. Records show visits of employees of Showa Denko to Georgia for trade shows or business purposes. Most of the business is related to the marketing of the product. This evidence was provided to prove that Showa Denko is subjected to a jurisdiction under the Long-Arm Statute.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Showa Denko,according to records, have contact with the University of Georgia. Jointly they were testing feed-grade L-Tryptophan on laying hens. Showa Denko objected to this allegation and pointed out that this issue has no link to the jurisdiction. However, there were do records present that contradicted this point. L_tryptophan used for marketing is similar to testing of feed-grade L-tryptophan for animals. This animal search was not enough to confer jurisdiction because plaintiffs’ injuries were not due to this act. â€Å"Several other jurisdictions in which Showa Denko has been named as a defendant in a case alleging injury after ingesting L-tryptophan have found Showa Denko to be subject to personal jurisdiction.† (http://www.lawskills.com/case/ga/id/33636/) Liability Joint Liability: In the case SHOWA DENKO K.K. v. PANGLE et al., Joint Liability has been put forward. Joint Liability is defined when more than one person is held responsible for the negligence act. In this case, it was not only Showa Denko that suffered the jurisdiction. Instead it liability was confirmed on all its, manufacturers and its suppliers. Vicarious liability: â€Å"Vicarious liability as also observed. It is defined as when a person is held responsible for the tort of another person, even though the person being held responsible may not have done anything wrong† http://www.duhaime.org/dictionary/dict-uz.aspx .    Damages According to the tort law, damages are compensated in the form of monetary to the plaintiff. â€Å"Damages, in a legal sense, are the sum of money the law imposes for a breach of some duty or violation of some right.† The types of damages: Actual or Compensatory Damage: these kinds of damages are compensated with the injured plaintiff. Consequential: Consequential damages apply to â€Å"damages claimed and/or awarded in a lawsuit which were caused as a direct foreseeable result of wrongdoing.† General: In General damages, â€Å"there is no evidence of a specific dollar figure.† Liquidated:- Liquidated damages are â€Å"contractually established damages† Nominal: â€Å"a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm.† Punitive: â€Å"Punitive damages are considered punishment and are awarded when the defendants behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim.† Special: â€Å"damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages and other damages which are not speculative or subjective.† Treble: Treble damage is when the â€Å"successful parties should receive some multiple of their actual damages.† (http://www.law.cornell.edu/wex/index.php/Damages#definition) and (http://dictionary.law.com/) Actual Damages That Were Rewarded Expectations Damages: Expectation damages are a form of damages occurring when the defendant party fails to fulfill the contract. Showa Denko failed to provide the required amount of L-tryptophan in his product. General Damages: In general damages losses are not quantified in monetary terms. For example; it consists of the actual pain and suffering caused by the negligent act. Also, it covers the future losses including the continuing pain and suffering. The plaintiff suffered from Eosinophilia- Myalgia Syndrome (EMS). A disease that altered their lifestyles. Hedonic Damages; Hedonic Damages refers to loss of enjoyment of life damages or damages distinct from the human capital value. Treble Damages:- â€Å"Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Show Denko had to may a large sum of money to the plaintiff to compensate for the damage. (http://en.wikipedia.org/wiki/Treble_damages) Causes of Action â€Å"The cause of action according to the law is the ground on which the plaintiff files a lawsuit against the defendant. A Cause of action encompasses both the legal theory of what legal wrong the plaintiff claims to have suffered, and the remedy, which is the relief a court is asked to grant which is in the form of an Order of the Court instructing the defendant to do or not do something for the benefit of the plaintiff or an instruction in some cases to the plaintiff to do or not do something for the benefit of the defendant.† http://en.wikipedia.org/wiki/Cause_of_action In this case, Fraud on the U.S. Food and Drug Administration can not be considered in this case. The reason being that, fraud is defined as the intentional deceit. In contrast it was proved to be negligence. Strict liability in tort is also in effect. Strict liability in tort refers to the damages caused to the consumer by the manufacture, distributor, and wholesaler of the product. Thus, in this case, the plaintiff filed a lawsuit giving negligence and strict liability a cause of action against the defendant. The plaintiff, in return of the losses, filed financial compensation. (http://www.law.cornell.edu/wex/index.php/Category:Overview)   Conclusion   Ã‚  Ã‚  Ã‚  Ã‚   The paper is concerned with an amino acid, L-Tryptophan, and its effects on general society. L-Tryptophan is required in the diet but it spread an epidemic in 1989. Eosinophilia- Myalgia Syndrome (EMS) was caused due to overdose of tryptophan in the dietary supplement.   The product came from Showa Denko Inc, a Japanese company.   Showa Denko Inc was reducing their manufacturing cost compromising in its purification procedures and quickens the production process through genetically engineered bacteria. Juanita Louise Pangle, a resident of Georgia, filed a case against Showa.  Ã‚   Due to the diverse and serious effects it produced, FDA banned tryptophan and placed a recall on all the products that contain it. All the over the counter food supplements had been removed. This recall is still in place, although, some changes has been made.    References John D Fernstrom (June 2000). Can nutrient supplements modify brain function?. American Journal of Clinical Nutrition.Vol. 71. No. 6. Richard Alexander. Contaminated L-Tryptophan and 5-Hydroxy-L-Tryptophan, Eosinophilia Myalgia Syndrome [EMS]: The 1989 Epidemic and the 1998 Warning. The Consumer Law Page U. S. Food and Drug Administration (February 2001). Information Paper on L-tryptophan and 5-hydroxy-L-tryptophan   Recall of L-Tryptophan http://www.fda.gov/bbs/topics/NEWS/NEW00064.html. Accessed Februaary 4,2007.    Tryptophan – Wikipedia,the free encyclopedia http://en.wikipedia.org/wiki/Tryptophan. Accessed February 4,2007 Sepp Hasslberger   (July 16 2004) Tryptophan, Niacin Protect Against Alzheimers http://www.newmediaexplorer.org/sepp/2004/07/16/tryptophan_niacin_protect_against_alzheimers.htm. Accessed on February 4,2007. Product Liability-Strict Liability -Negligence Liability http://www.legal-definitions.com/personal-injury-law/product-liability/strict-liability-and-negligence-theories.htm. Accessed February 4,2007. Law.com Law Dictionary http://dictionary.law.com/. Accessed on February 5, 2007. Category: Overview-Wex http://www.law.cornell.edu/wex/index.php/Category:Overview. Accessed February 5, 2007.    Vladimir Hegyi, MD, PhD, (December 4, 2006).Pellagra. http://www.emedicine.com/derm/topic621.htm. Accessed on February 3,2007. Sherif Nasef, MD, (November 7, 2006). Eosinophilic Fasciitis http://www.emedicine.com/med/topic686.htm. Accessed on February 3, 2007. Gary R. Epler, M.D. (January 22, 2001). Bronchiolitis Obliterans Organizing Pneumonia. Internal Medicine. Volume 161 (2). Pages 158-164. http://www.epler.com/boop1.html Ira Jeffry Strumpf,   Richard D. Drucker,   Karl H. Anders,   Sylvan Cohen,   Oluwole Fajolu. (January 1991).Acute eosinophilic pulmonary disease associated with the ingestion of L-tryptophan-containing products.CHEST. http://www.findarticles.com/p/articles/mi_m0984/is_n1_v99/ai_10489355. Accesses February 3. 2007. Robert K. Murray. Daryl K. Granner. Peter A. Mayes. Victor W. Rodwell.( 2003). HARPER’S ILLUSTRATED BIOCHEMISTRY. A Lange Medical Book. Anafranil, Clomipramine Pharmacology –Healthyplace.com http://www.healthyplace.com/medications/anafranil.asp#description. Accessed February 3, 2007. Codeine – Complete medical information regarding this narcotic pain reliever http://www.medicinenet.com/codeine/article.htm. Accessed February 3, 2007. Dalmane, Flurazepam hydrochloride, side effects, drug interactions, overdose, dosage http://www.pdrhealth.com/drug_info/rxdrugprofiles/drugs/dal1113.shtml. Accessed February 3, 2007. Xanax http://www.drugs.com/xanax.html. Accessed February 3, 2007. WHF Foods: Tryptophan http://www.whfoods.com/genpage.php?tname=nutrientdbid=103 Accessed on February 3rd, 2007 Dietary Supplements: Making Sure Hype Doesnt Overwhelm Science http://www.fda.gov/bbs/topics/CONSUMER/CON00259.html Accessed on February 3rd, 2007 FDA Recall Policies http://vm.cfsan.fda.gov/~lrd/recall2.txt Accessed on February 3rd, 2007 Drug Recalls – What is a Drug Recall? http://www.drugrecalls.com/drug_recalls.html Accessed on February 3rd, 2007

Impact of stakeholder management in the construction industry

Impact of stakeholder management in the construction industry INTRODUCTION This section of the report covers literature by several authors. A literature review: gives an overview of what has been said in the area of project stakeholders and project success , who the key writers are, what are the prevailing theories and hypotheses, what questions are being asked and what methods and methodologies are appropriate and useful (Emerald, 2010). This chapter seeks to investigate the impact of stakeholder management and its contributions to project success in the construction industry. Using the literature review mind map in Figure 2 below, this report will explore principles and concepts on the subject matter to satisfy its main objectives. Figure 1- Literature review mind map (Author) This literature review will satisfy the following project objectives: To explore the principles of stakeholder management and project success. To assess the benefits and challenges of stakeholder management. To correlate a relationship between stakeholder management and project success. To propose a framework for measuring the impact of stakeholder management on project success thereby assessing its impact on project success. To make recommendations for improved stakeholder management practices. Overview of the UK Construction industry The construction industry in the past 30 years has continued to evolve and expand (PMI 2008) and although changes within the industry are relatively slow (Kagioglou et al 1998), one cannot overlook what the construction industry has contributed to the UK economy (Bennett 2003 p.7). The UK construction industry is the sixth largest industry in the UK in terms of turnover (Adamson and Pollington 2006) and it accounts for 10% of the UKs GDP and employs 1.5 million people (Corporate Watch 2002). Recent studies such as Walker (2007 p.101) has shown that the: Construction process also has a challenging and vital task in defining and implementing the stakeholders requirements. This study considered this to be paramount. This was further asserted by McElroy and Mills (2007 p.758) clearly explaining the importance of stakeholder management. This report would discuss stakeholder management in the next section. Overview of Project Stakeholder A review of various literature and study on project stakeholder begs an explanation as to the origin of the word stakeholder. The word stakeholder was first recorded in text in 1708 according to (Ramirez 1999) from the word stake. Although the definition of a project stakeholder may remain debatable (Walker 2007 p.100), There is no consensus as to a common and widely used definition (McElroy and Mills 2007 p.760). It may be suggested that each author defines stakeholder(s) to suit the aim of individual academic research at that particular time. Below are some definitions of a project stakeholder from various literatures. Vollans (2006 p.50-15) defines a project stakeholder as a: person or organisation with vested interest (positive or negative) in the ultimate outcome of the project. According to Olanda and Landin (2005 p.321) it is: a group of people who have vested interest in the success of a project and the environment within which the project operates. While project management for development organizations (PM4DV) (2009 p.71) suggested that stakeholders are: people who have an interest in the project, whose satisfaction is the most critical element to define the success of a project. Other definitions include the ApmBok (2006 p.159) which defines project stakeholders as: all those who have an interest or role in the project or are impacted by the project. For the purpose of this report an alternative definition would be suggested, this definition would incorporate various definitions as seen above. Project stakeholders are: Group(s) of people /Organisation who have an interest in and who can also impact a project positively or negatively within the project life cycle and whose satisfactions are the most critical element to define the success of a project. (Olanda and Landin 2005; project management for development organizations 2009; Apm Bok 2006; Vollans 2006) Projects are made of different stakeholders with different interest in the project. This study would look at the different types of stakeholder next. Types of stakeholders When considering stakeholders types, it could be suggested that person or organisation is not self sufficient hence the word Globalization came into being projects consist of various stakeholders. This can be seen in studies undertaken by Aaltonen and Sivonen (2009 p.132), where the author suggested that identifying the various stakeholders in a project involves taking into account their wants and requirement. Project stakeholders as identified by Kloppenborg (2009); Aaltonen and Sivonen (2009) are divided into internal and external stakeholders. This can further be subdivided into primary and secondary stakeholders. Identifying both the primary and secondary stakeholders will help the project manager establish the project requirements and expectations, where the expectation is critical to project success (Kloppenborg 2009 p.362). This expectation is divided into three aspects: relationship, communications and lessons learnt. Aaltonen and Sivonen (2009 p.132) defined internal stakeholders as: those who are actively involved in the project implementation and this category of stakeholders usually support the project. The author also inferred that internal stakeholders are also called primary Stakeholders. Examples of primary stakeholders are the project owner, project sponsor and project manager. It could therefore be assumed that Stakeholder Participation specifically by primary stakeholder will increase the chances of success (Unruh 2005 p.413). While the external stakeholders are; members of the project that may affect or be affected by the project Aaltonen and Sivonen (2009 p.132). These are often called secondary stakeholders. Examples of secondary stakeholders are government agencies, suppliers and special interest groups. These classifications will be illustrated in a Figure 3 which shows the level of importance given to primary stakeholders below: Figure 2-Primary and secondary stakeholders (Author) Notwithstanding, neither primary nor secondary stakeholders can stand on its own given todays project environment. A typical example of a primary stakeholder is the project manager who would not be able to proceed if the legislative requirements are not met, this could be in form of risk management system put in place on the construction site. These requirements are set by the government bodies in charge of monitoring and control, they are also known as the secondary stakeholders. Principles of stakeholder management During its years of development, stakeholder management has documented more success than failures in the area of project management (Aaltonen and Sivonen 2009). Due to the diverse nature of this subject matter, stakeholder principle and theories have been sought in national and international policies (Reed 2008). Examples of such success can be seen in research done by Narayan (2007) on Fiji Sugar Corporation; because sugar is the major source of income of Fiji, the presence of many stakeholders in the cooperation is evident but it can also be argued that the effectiveness of the management of all stakeholders present in the cooperation was key to the organisations success. Atkin and Skitmore (2008 p.549) have suggested that project management in the constructions industry has a complex collection of activities required to deliver a construction project. It is therefore conclusive that stakeholder management within the project lifecycle is critical for the success of any construction project. Thus failure of a project manager to manage the concerns of a construction project stakeholder over the years has resulted in a countless number of construction project failures (Atkin and Skitmore 2008; Bourne and Walker, 2005). It must also be noted that stakeholder in the construction industry have the capability to terminate a construction project (Atkin and Skitmore 2008; Lim et al. 2005). A report to the House of Commons by the Committee of Public Accounts (2004) on the issues of Wembley stadium has shown that inadequate planning in the initiation phase of the project lifecycle has lead to stakeholder conflict. Managing stakeholders from the initiation phase of a construction project or any project is essential. Where there is effective stakeholder management, benefits are realised at the end of the project on time, within budget and quality. Due to suggestions made in the previous section by Walker (2007) and McElroy and Mills (2007) that the term stakeholder is difficult to identify, defining stakeholder management will still pose the same difficulty identified by the above authors. Stakeholder Management can be defined as: à ¢Ã¢â€š ¬Ã‚ ¦as the continuing development of relationships with stakeholders for the purpose of achieving a successful project outcome (McElroy and Mills 2007 p.760) It could be suggested that for stakeholder management to be successful, it must be strategic; various literatures have suggested a process called the Stakeholder management process; this approach is applicable to both internal and external stakeholder (OGC 2010),the stakeholder process(McElroy and Mills 2007 p.772) are listed below and represented in the figure below: Identification of project success criteria. Identification of Resources Requirement. Identify Stakeholders and level of interest Conduct stakeholder Analysis Develop Strategy for Each Stakeholder identified. Table! : Stakeholder Process Explanation Identification of project success criteria McElroy and Mills (2007) suggested that sponsors success criteria should be in terms of time, cost and performance. Identify Resource Requirement Resource requirement maybe classified as tangible item which could include materials and finance (Burke 2007) and intangible resource such as support and emotions (McElroy and Mills 2007). For a project to be successful it could be suggested that a project manager need access to all this resources both tangible and intangible. Identify Stakeholders and interest Levels To identify project stakeholders McElroy and Mills (2007) have suggested that brainstorming key stakeholders and recording all stakeholders and there level of interest into a stakeholder register. To Conduct Stakeholder Analysis Stakeholder Attitude varies from one person to another. Some maybe in support and some in opposition of the project . Using a stakeholder commitment map the project team will be able perform a more effective assessment of current attitude of each stakeholder during the lifecycle phases. McElroy and Mills (2007) Develop Strategy for each Stakeholder After a stakeholder analysis has been carried out, the project team can build its strategies from the analysis. Such strategies can be the communication plan; this would include all the methods of communication to be used and frequency of the communication between the project team and project stakeholders. Stakeholder Management and Project Lifecycle The body of knowledge in project management (PMBOK) have suggested that: Because projects are unique and involve a certain degree of risk, companies such as the construction industry will generally subdivide their projects into several project phases to provide better management control Stakeholder management could be linked to project lifecycle, according to McManus (2004). Jawahar and Mclaughlin (2004) suggested that à ¢Ã¢â€š ¬Ã‚ ¦at any given stage in the project lifecycle certain stakeholders will be more important than other Turner (2007) suggested the following phases; the definition phase where the initial objectives are defined by various stakeholder; the design phase according to Turner (2007) would be the matching the objectives with resources; the execution phase, would involve implementation of the actual work and monitoring and controlling of the project by key stakeholders which also include the project manager and finally the closeout phase involves the commissioning and hand over to key stakeholder. Belout and Gauvreau (2003) suggested that à ¢Ã¢â€š ¬Ã‚ ¦the effect of the critical factors on success varies as the project cycle stages change This can be seen in Figure used to link criterias for success and lifecycle by Belout and Gauvreau (2003) this is illustrated in the Figure below and can be linked to project success as seen below: Figure! : A Link Between Criterias for Success and Lifecycle PROJECT SUCCESS The word project success is an indefinite word to say the least; this has lead to a set of definitions and perspectives by different professionals and academic in the field of project management. According to McManus (2004), à ¢Ã¢â€š ¬Ã‚ ¦The most successful projects always involve both direct and indirect stakeholders While Yu et al. (2005) suggests that a Project  is a success if its created product adds value to the client, considering the cost to the client at the point of acceptance Ika (2009 p.6) suggested that project success be defined in terms of concepts such as efficiency and effectiveness, Lock (2007 p.5) argues that project success should be defined using the three objectives listed below: Project Completion within the Budget. The project delivered or handed over to customer on time. Good performance, requiring all components of the project to meet the sponsors requirements. Source: Lock (2007, p.5) The author is invariably suggesting that we use the project management triangle seen below in Figure 4 to determine if a project is successful. Figure 3- Success triangle by Lock 2007 (Author) While Lock (2007) and Ika (2009) have presented various ways in which project stakeholders should be defined in the context of project management, Assudani and Kloppenborg (2010) have preferred to summarise their definition of project success in terms project stakeholders. It was suggested that for a project to be successful, it must meet the customers requirements and manage their relationships though effective communication. Accordingly Pinto (2004) went from the Iron triangle suggested by Lock (2007) in Figure 4 and linked it to the benefits gained by the organisation and the project stakeholder(s) at the completion of the project. In a study carried out by Sofia (2003) titled project success in relation with organizational roles and project managers skills and capabilities, the author identified the following in Table 3: Table 1- Project success definition, Source : Sofia (2003) Definition Of Project Success Percentage It meets the target cost, schedule, quality and functionality 88.5% It meet the customers satisfaction 85.9% It creates organisational improvement with the learning from failures and successes (lessons learned) 44.9% It was performed efficiently and effectively 43.6% It succeeds in executing the desired changes because one cannot expect every project to proceed exactly as planned 37.2 Others 7.7% The above table has indicated that studies carried out by Sofia (2003) are in accordance with Lock (2007) and Ika (2009) definitions. This report would define project success as: The satisfaction of stakeholders needs in teams of time, cost, and quality/performance (Lock 2007; Sofia (2003); Ika 2009; Assudani and Kloppenborg 2010; ApmBok 2009). The satisfaction mentioned in the above definition could be suggested to mean the benefit realised at the handover phase of the project. Since projects are unique endeavours (ApmBok 2009), it is right to suggest that satisfying stakeholders requirements using the criterias set aside by the stakeholder should be what success should be measured against. Critical Success factor (CSFs) for construction projects Achieving success is the goal of any project; the construction industry is not different from other industries in achieving success (Yu et al.200). The Apm Bok (2009, p.2) suggested that to satisfy stakeholders, one must have measurable criteria (OGC 2010) to measure success. Since Construction projects have been identified as having issues such as lack of trust, lack of cooperation and ineffective communication which have lead to adversarial relationship among all project stakeholders (Chan et al.2004), partnering with various stakeholders and identifying their view on CSFs using questionnaires (Jing et al. 2010) is important because it gives the project manager a clear view of each stakeholder expectations. Milosevic and Patanakul (2005) suggested that Critical success factors are correlated to a construct of an aggregate measure of  project success According (PMI 2008; Wang and Huang 2009); à ¢Ã¢â€š ¬Ã‚ ¦Project success  criteria shall include the golden triangle and key  project stakeholders satisfaction of the  project The following CSFs have been identified from literature and can be employed in the construction industry (Yu et al. 2004; Lock 2007; Hill et al., 2008), these CSFs are listed below: Clear and agreed upon objective. Project requirement must be carefully thought out. Trusting relationship between all members of the project Support from top management Availability of sufficient funds and other resource Technical competence with the project team. Good communication Benefits and Challenges of Stakeholder Management Stakeholder management has both benefits and challenges to construction organisations which are determined by the role played by each stakeholder organisation during the execution of project (Zutshi and Sohal 2002, p.371). The benefits of effective stakeholder management can be linked to an organisation or a countrys financial success (Zutshi and Sohal 2002; Reed et al 2009). Since the construction industry is copious with a sizeable number of stakeholders across the political, social, cultural and economic sector (Moodley et al.2008), identifying those benefits and challenges faced by the construction industry will be a priority for any project manager. Benefits The benefits of stakeholders in the construction industry are explored below thus: Stakeholder Analysis Vollans (2002 p.50-15) suggested that a key benefit of stakeholder management is the principle of analysing stakeholder which simply put is: a technique used to identify and assess the importance of stakeholders Guarded with knowledge gained from analysing various project stakeholders, it could be inferred that the knowledge will be used to make judgement regarding how each stakeholder could help or hinder the project (McElroy and Mills 2007). This early assessment of stakeholders at the planning stage of the project life cycle would identify and improve quality (Vollans 2002) by increasing the level of support from stakeholders and reducing opposition (ApmBok 2009). By identifying each stakeholder and analysing their various interests it could be suggested that this would reduce conflict by resolving issues at an early stage of the project. This analysis must be reviewed throughout the project life cycle phase (ApmBok 2009). Monitoring and Control McElroy and Mills (2007) identified better monitoring and control as a benefit of effective stakeholder management. It is suggested that management of stakeholders with regards to their ever changing interest using project management tools such as change control process and configuration management in conjunction with stakeholder management theories, should enable the project manager manage changes (Zutshi 2004). In the area of cost management, stakeholder management has been able to reduce ambiguity, duplication and waste of resources as a result of conflicts and legal issues (Zutshi 2004; Atkinson 1999) Project Governance Turner (2007) have suggested that Project are governed on behalf of stakeholders which includes owners and contractors The above author also suggested two paradigms of project governance as it relates to organisations. This paradigm suggests that projects are governed on behalf of all stakeholders, which will include both primary and secondary stakeholders. The author suggested that the responsibility of managing this relationship is that of the project manager and project team. This relationship will be managed using the principles of stakeholder management. Challenges In discussing challenges facing stakeholder management in the construction industry the following were identified: Globalization Carson (2002) defined globalisation as: a multidimensional process whereby national resources become more and more internationally mobile while national economies become increasingly interdependent Moodley et al. (2004) in recent studies identified globalisation as a challenge faced by the construction industry and argues that with the ever changing construction industry, recent issues that exists in stakeholder management such as (Communication and Scope Management ) falls within a global context. Since major construction companies in the world including UK construction companies undertake projects in various parts of the world (Steger 2003) and source for materials globally (Moodley et al. 2004), adopting stakeholder management principles and strategies from one region into a new region or culture may lead to failure due to gaps in culture and communication (Tone et al. 2009 p.27). An example of this can be seen in stakeholder management practices adopted during the construction of the Burj Al Arab in Dubai (reference). Effective Knowledge Transfer Some professionals in project management discipline may refer to this as Lessons Leaned. The Ontario health care information (reference) described knowledge transfer as: à ¢Ã¢â€š ¬Ã‚ ¦a process of developing, identifying, and disseminating best practices, and planning, producing, disseminating, and applying existing or new research in stakeholder managementà ¢Ã¢â€š ¬Ã‚ ¦ Senaratne and Sexton (2008) stressed the importance of sharing knowledge within the area of stakeholder management and also noted the role of knowledge in managing change in the construction industry. Egbu (2003) also went further to identify change as the key cause of knowledge production in construction projects. It could be suggested that though knowledge is been transferred in projects through journals in project management and the construction journals, key issues concerning individual project and stakeholder management issues and how this issues are resolved are still kept as confidential documents within various organisations resulting in a gap in the management of stakeholders within the construction sector. Organisational Policy Kamann (2007) suggested that; Organizations usually adapt or adjust their objectives and strategy in order to minimize strategic drift These objective and strategy may impact the project adversely (Aaltonen 2010), the stakeholder defines the scope of the work (ApmBok 2009), if this scope is adjusted or strategy changed as suggested by Kamann (2007) on a regular basis, the ApmBok (2009) has suggested that it would lead to what is known as a Scope Creep. The construction industry is known to be complex and full of different stakeholder with different level of power, the policy of organisation can either help to manage stakeholders more effectively or it may result in difference of option and invariably conflict. 2.7 Relationship between Stakeholder Management and Project Success A survey involving 109 professionals on how best to define project success, shows that 88.5% of respondents agreed that project success should be judged on the basis of cost, schedule, quality, functionality (Sofia 2003), the link between stakeholder management process and success cannot be overemphasised (Bones 2007). McElroy and Mills (2007) illustrated the various stakeholder management processes to project success as seen in the figure!!! below : Project Stakeholder Success Criteria Resources Requirement Stakeholder Identification Stakeholder Analysis Stakeholder Strategy Project Success (Author) Figure!! : The Relationship between Stakeholder Management Project Success While (Wit 1988) suggested that: When measuring project success, one must consider the objectives of all stakeholders throughout the project life cycle and at all levels in the management hierarchy The above author also suggested that: à ¢Ã¢â€š ¬Ã‚ ¦it is unlikely that a project can be a complete success for all stakeholders during the entire life of the projectà ¢Ã¢â€š ¬Ã‚ ¦ The above statement is reinforced by Aaltonen et al. (2008) when the author proposed critical success factors for stakeholder management in the construction industry. Although the depth of literature linking stakeholder management to project success in the construction industry is minimal, but a general literature into the link between stakeholder management and project success (McElroy and Mills 2007), the (ApmBok 2009; OGC 2010) suggested that to satisfy stakeholders, one must have measurable criteria to measure success.