Thursday, April 11, 2019
Microsoft Environment Analysis Essay Example for Free
Microsoft Environment Analysis stress1. The five vulnerabilities that exist for this LAN based workgroup are 2755801, 2501696, 2588513 2639658, 2659883. 2. Yes, the vulnerability that involves privilege elevation is 2639658 (Vulnerability in TrueType facial expression Parsing), but it is not a high priority. 3. 2719662Solution Workarounds refer to a setting or manikin change that does not correct the underlying issue but would help block cognize ack-ack vectors before a security update is available. Apply the Microsoft Fix it solution that blocks the attack vector for this vulnerability. incapacitate Sidebar in Group Policy. Disable the Sidebar in the system registry. 2737111Solution Workarounds refer to a setting or configuration change that does not correct the underlying issue but would help block known attack vectors before a security update is available. Disable WebReady document view for Exchange. 2755801Solution Workaround refers to a setting or configuration change that would help block known attack vectors before you declare the update. hold open Adobe Flash Player from running. bar Adobe Flash Player from running on Internet Explorer 10 through Group Policy on Windows 8 and Windows Server 2012. Prevent Adobe Flash Player from running in Office 2010 on Windows 8 and Windows Server 2012. Prevent progressiveX controls from running in Office 2007 and Office 2010. Set Internet and Local intranet security zone settings to high-pitched to block ActiveX Controls and Active Scripting in these zones. Configure Internet Explorer to prompt before running Active Scripting or to disable Active Scripting in the Internet and Local intranet security zone.
Wednesday, April 10, 2019
Ginsbergs friends Essay Example for Free
Ginsbergs friends EssayHowl is a dive into the other America, the urban center of night, the city of out manakins, beatniks and all those branded mad by regular society. The poem is for Carl Solomon, one of Ginsbergs friends, who was delegate to mental asylum Rockland where youre madder than I am, as Ginsberg states in the first line of the third stanza. exclusively all the substance through he is with him, declaring himself one with Solomon and as such with everyone who is considered an outcast, anyone who dares to go against the flow and herd-like card of his time. Howl is a comment on the stifling conformity of America of that time, being the Eisenhower era. The poem crosses numerous barriers. References to drugs abound, and Ginsberg himself has declared many times how he wrote the poem under the influence of peyote in an render to broaden the workings of the mind. The first stanza is a 78-line volcanic outburst of spontaneity in which Ginsberg presents through a stream of consciousness-technique image after image of the rejects of modern society, who ate fire in paint hotels or drank turpentine in Paradise Alley, death, or purgatoried their torsos night after night with dreams, with drugs, with waking nightmares, alcohol and puppet and endless balls (Howl, line 10, 11). Grammatical rules are challenged in Howl.The only way to present the truth is to throw overboard this long stream of thoughts to be poured out uninterrupted, spontaneous and dense, leaving the reader time to reflect upon what has been said, as the following(a) image is already being presented, and after that another one and so on. The words notice the pattern of natural breathing and after the necessary pause for air, a new image follows forrader the reader can reflect upon the next image.The poem has to be read from beginning to end, as it is an indiscrete unity. The city that had an overall positive portrayal in Leaves of Grass has become a bleak domain where artificial li ght and colors dominate the landscape. Whitmans seas of bright juice have been exchanged for neon lights. The tempestuousness for the dawn of the age of democracy has waned, as separately individual became a replica of another, mimicking the patterns and behavior of each other creating a monotonous existence with no room for all those who are different, who want to be different, and who aspire to do something different.In a world where being different is frowned upon, there is little expect for individuality and freedom, and Ginsberg created a world for all whose existence is being denied by society in his poetry. The way to achieve this is through an unrestricted outpouring of truth. To do this, the poet has to expand his boundaries, and Ginsberg did this literally. Ginsberg went on the road to further explore the world around him.Only then can he look for eternity who drove cross-country seventy-two hours to find out if I had a vision or you had a vision or he had a vision to find out Eternity (Howl, line 60). We find the same sideline for eternity in line 54, where it is linked to the wish to cross the boundaries of time who threw their watches off the roof to cast their ballot for Eternity outside of Time, alarm clocks fell on their heads every day for the next decade. In the second stanza, Ginsberg evokes the Moloch line after line, like a chant or hymn.The Moloch is clearly a reference to modern society. Once more we discover how the city, still full of hope in Whitmans world, has odd modern man destitute What sphinx of cement and aluminum bashed open their skulls and ate up their brains and imagination? (79). In the modern world, there is no place for outcasts, run as it is by money Moloch whose buildings are pattern Moloch whose blood is running money Whereas Whitman was positive about the city extending its boundaries upwards, in Ginsbergs world this has become a burden They broke their backs lifting Moloch to Heaven
Monday, April 8, 2019
George Orwell, 1984 Essay Example for Free
George Orwell, 1984 EssayThe last and arguably close to powerful book to be written by rengeted novelist George Orwell (pseudonym of Eric Arthur Blair), 1984 is the chronicle of mankinds gradual decay under aggressive dictatorship and screenland ideology. The influence of the novel is much(prenominal) that some footing such as great Brother, doublethink and newspeak nominate somehow found their way into the modern lexicon. Orwell visualized a beingness under constant war, with integral societies threatened by an omniscient judicature that wields control even over an individuals really thoughts. Half a century after the books publication, academics and casual readers a desire continue to interpret disturbing sameities between Orwells 1984 and todays increasingly intrusive institutions. With censoring, political rhetoric and propaganda congruous more and more like the slogans of Orwells dystopian society each day it is unsurprising that the novels last out quite a f avorite among academics and literary experts alike. Orwells startling depiction of a totalitarian extract peddling lies and deceit to its willing masses die hards relevant and to some extent frighteningly predictive of the ease up generation.Decades after it first saw print, 1984 still achieves momentous readership a literary warning that enemies of propaganda and censorship revisit time and again as a standard through which the growing excesses in government control and power could be measured. It is the worlds worst case scenario, and its enduring tender relevancy is a testament to some(prenominal) Orwells literary style and deep understanding of the human psyche.This constitution posits that George Orwells 1984 is a dystopian novel that deftly tackles the power of language and censorship in irresponsible both society and the individual hence its enduring relevance to academic studies on the political and social condition quo. This study shall begin with a brief summa ry of the novel in disposition to provide a narrative background. The following discussion involves three segments first, what is the style or mannikin of the novel, and how does it add to the novels evoke and narrative? Second, what are the main themes of the novel?Lastly, how do these themes combined with the novel remain relevant to the present times, hence its popularity with academics in the sociopolitical and literary fields? These are the questions that this study must answer in nine to prove its thesis. Summary 1984 is the story of Winston Smith, a member of the Outer society residing in what used to be London. Smith is a citizen of Oceania, unmatchable of the three superstates in the world of 1984. The protagonist lives a spright moving inss of controlled world he works in the Ministry of Truth, rewriting news stories and editing photographs in order to make report adhere to the callers new slogan.People who went against the Party disappeared and made unpersons there entire existence is erased by workers like Winston Smith. History, therefore, is constantly edited to fit whatever propaganda or slogan the Party is currently espousing. Though a member of the Party, Smith is far from a dedicated follower. He harbors a secret journal of outlawed thoughts about freedom and woodenly participates in the Two Minutes of Hate and other standard Party propaganda activities. Smith meets and falls in love with Julia there liaison, however, is both illicit and illegal.It is punishable by law, so Wilson and Julia find a sanctuary in a room above an old junk crop for their trysts. They are betrayed, however, and soon find themselves in the Ministry of Love where they are tortured and reeducated. In the end, fazed by the horrors of Room 101, Wilson and Julia succumb and betray each other. They are then released to await their execution on a later date. At the end of the novel, Wilson Smith accepts the power of Big Brother and willingly accepts his fate .Style and causeGeorge Orwells 1984, along with Ray Bradburys controversial Fahrenheit 451 and Aldous Huxleys Brave New World, is one of the worlds best-known dystopian novels. It presents a world only when gloomy and pessimistic the opposite of a utopia wherein everything is perfect and in its proper place. As Brunsdale (2000) points out, a dystopia is ultimately a hopelessly wrong society (p. 146). It is a world that has turned solely upside down, with nearly everything tout ensemble unlike what man would envision as paradise. It is an imagined world perverted entirely a subversion of all that society must aspire for.For George Orwell, this world is a warning, a marvellous vision that could puzzle a reality if totalitarianism and government intrusion continues unchecked. The use of a dystopian form is particularly useful in delivering Orwells message. A staunch critic of imperialism and other authoritarian forms such as communism and fascism, Orwells novel is a chilling po rtrait of what could happen should totalitarian governing remain unabated. His disgust with British Socialism, for example, made its way into the novels newspeak as Ingsoc (English Socialism).By presenting the novel in a dystopian form rather than a different kind of exposition, Orwell successfully parlays his sociopolitical ideas easily through an interesting world rather than a non-fiction tome of tedious words that whitethorn find comfort in cobwebs. A form other than dystopia would not have been able to deliver the message as effectively as 1984 has done. substitution Themes But what exactly is it that 1984 wishes to convey? At first glance, it seems as if 1984 is doomed to be a go out indictment of the faults of the British Empire in 1948 when Orwell completed the novel.In truth, however, the novel is more than the indictment of one government. It is not a scathing criticism on Stalinism, or the British Empire, or Hitlers destroyed trinity Reich alone. It is an attack agai nst Totalitarianism in whatever form or country, as it takes root and slowly sucks the life and freedom out of the individual and society as a whole. The novel is a critique a warning against what could happen following the unchecked growth of totalitarian governments. It is not the alliance or the nationality, therefore, that matters, save the attainable aim of totalitarian rule.One crucial theme in the novel that supports its criticism of totalitarianism is the power of language. Orwell emphasized the power of language in controlling the individuals mental freedom, particularly in terms of how much and how broad he is allowed to conceptualize. With words and language designed to limit the mind of the person, it is quite possible to exert control and slowly manipulate his or her inner thoughts. Such is the power of newspeak and doublethink both significant concepts from the novel that gradually crossed over to the mainstream jargon.These concepts are reliant on both language an d the institution of thought as the primary tools through which the Party and Big Brother carry out their artful plans. An example of Newspeak is the naming convention that led to the ironic names of the ministries in Orwells dystopian society. The Ministries are named in a weird manner quite opposite to what they truly stand for. For example, the Ministry of Love is one of the most fearsome ministries in Oceania, as this is where prisoners are brought for torture, reeducation and execution.The Ministry of Truth where Smith works is quite a paradox, as it concerns itself not with the propagation of truthful information, but with the erasure of people and events no longer in line with the present party rhetoric. The Ministry of Plenty and Ministry of Peace are similarly ironically named. Wemyss (1987) calls this use of newspeak as the strive to narrow the range of human consciousness by limiting the range of words available and by eliminating their polysemic quality (p. 45). When some terms and concepts lead unavailable for use or without a lingual equivalent, they become obsolete and forgotten by the mind.With the government controlling just which words to use and which ones to eliminate, the possibility of controlling the individuals and society becomes much larger. Here lies the power of language, which effectively affects how the brain processes and understands the world around him. Moreover, the concepts in Big Brothers society are defined in a manner describable as inverted. A particularly significant example is the slogan war is peace, freedom is slavery, ignorance is strength everything in Wilsons world is entirely upside down.It is, in essence, an example of doublethink, wherein one is forced to contain two opposing thoughts at the very(prenominal) time and believe them both. It is an ability forced on the people of Oceania the citizens think of war and peace as one rather than opposing sides of the coin. Even when the citizens clearly know that Oceania switches allies from Eurasia to Eastasia constantly, they are capable of manipulating their own minds into thinking that what the Party calls its history has always been true and in place. Another significant theme in the novel is censorship.Radio, television and print censorship is, of course, the norm in Big Brothers world. More than the controls on media, however, the Party is also highly concerned with purity and the errors of sexual dalliances. Pornography or any form of crud publications are also banned in Oceania, and sexual thoughts are viewed as impurities even when conducted within the boundaries of marriage. This mirrors the discernment of totalitarian governments to extend their powers over decency and issues of morality. Whether or not the reason behind this is truly about make clean up society remains a mystery.Reviews on the Novel The significance of the novel 1984 can be seen in how todays academics remain enamored and continuously attempt to correlate th e classic story of political and social manipulation to Orwells final masterpiece. Agathocleous (2000) took note of the relevance of the novel primarily through the proliferation of terms used in the novel in the modern jargon. The world presented by Orwell remains resonant in todays world, wherein his ideas have become common knowledge (p. 101). Orwells 1984 is no longer just a novel it is now a part of popular culture.This popularity, Agathocleous (2000) attributes to the the relevance of the issues discussed by Orwell even in todays society. It is popular because it remains true and undated, thereby comme il faut a classic in its own right (p. 101). For Wanner (1997), on the other hand, notes that Orwells dystopian world is completely different from other portrayals of such negative societies. Unlike other dystopian nations, Orwells Oceania has resigned itself to imperfection and unhappiness without in reality admitting it.Though the government may still tout this perfect world as their own, Orwell shows the characters to be nutrition in a difficult world, one wherein pretenses are kept up in order to detain the constant watch of Big Brother. This world is take ind as hopeless, and it is accurate. Rather than follow other similar styles, Orwell opts to present a realistic view of his world and the negativity that sucks everything within its path (p. 77). Wanner (1997) also notes that Orwell is not entirely separate from socialism.Though the author does indict British socialism and other similar forms of totalitarianism, the presence of Goldstein, according to Wanner, shows that Orwell is still ambivalent regarding the best way to run a society. Even Goldstein, the supposed attracter of the opposition, is not a figure against socialism. Wanner thus views this as a softening on Orwells part, noting that his message may not entirely be the indictment of all socialism (p. 77). Lastly, the concept of Orwellian language and politics have slowly caught up wit h the United States, thanks in no small part to the current administration.In his journal article, Kellner (2007) argues that Orwells world has remained enduring over the years because of its relevance. As such, Kellner easily correlates the War on Terror and the rhetoric that appears in Oceania as the modern equivalent of Orwells world (p. 622). These are some of the reviews that describe the relevance and endurance of the novel, 1984. It utilizes the dystopian model, with sensational usage of the power of language and new terms, in order to correlate Orwells fictional world with the present situation.
Sunday, April 7, 2019
History of Pinkerton Detectives Essay Example for Free
History of Pinkerton Detectives EssayAllan Pinkerton was born(p) in Glasgow, Scotland, on August 25, 1819. He was born into p overty to a law of nature man who could no longer piss due to injuries he had sustained from the job. To support his family Allan worked as a cooper or barrel maker in his native land. Allan ran afoul(postnominal) of local authorities over the membership in a chartist g whollyery. This was a political movement that was dedicated to universal suffrage and better working conditions for the poor. A price was laid on his query and Allan and his young bride Joan f guide for their lives. This landed them in the United States and settled near Chicago in 1842. He was a very hard working man who had realized working for himself would be the best thing for him and his family. aft(prenominal) some succession he move to Dundee a town he realized it was in motif of cooper. There he quickly gained control of the market due to his bang-up quality of barrels and imprint prices. The desire he had to expand his dividing line is what led him to the path of being a police investigator. Allan Pinkerton realized that good quality raw materials for his barrel were easily obtained on Small Island close to town.Through a duty mind he decided instead of paying differents to provide him with the materials he should instead travel to the discover to get the materials. Pinkerton was an abolitionist and soon his shop acted as a station for escaping slaves to freedom to the north through and through the Underground Railroad (John, 2005). When Pinkerton got to the island, there were signs of habitation. Having in mind that there were some counterfeiters in the area, he reason that could be their hiding place. He teamed up with the local sheriff to venture out the camp and this led to the maintain of the band.His superiority began in detective and the local townspeople turned to him to help them in arresting the ringleader of the band. The graphic abilities in Allan Pinkerton eventually allowed him to track and bring down the counterfeiters to justice. One day while Pinkerton was gathering woodwind instrument he discovered a gang that was making coins in the area. Allan assisted in arresting these men. This find and arrest of the counterfeiters led to his appointment as a country sheriff in 1846. In 1850 Allan was appointed as the first city detective in Chicago police force and in the same course of study he established a private detective mental representation.In 1850 by Pinkerton Allan along with Chicago lawyer general Edward Rucker founded the north western police agency. In 1843, Allans brother Robert had formed his own affair called Pinkerton caller-up which was originally established as railroad contractors, unless along the line he began to work as a railroad detective. This business was growing very rapidly that he engage some(prenominal) men as detectives and guards. When Allan and Ruckers business dissol ved a family after its formation Allan coupled his brother in the already established company and the name changed to Pinkerton National Detective sureness (John, 2005).The Pinkerton detective agency It is believed to be founded by Allan Pinkerton in the 1850s. He selected a logo of an open eye with the tagline we neer sleep. This is what led the Pinkerton men and later to private eyes. Pinkerton provided a wide range of private detective services and specialized in the capture of train robbers and counterfeiters. Their clients included banks, railroads, and government and they provided stable business for the impregnable. They were hired by railroad companies to investigate crimes against them and the activities of labor movements. Pinkerton was a solution to the growing labor unrest.Many businesses valued muscular enforcers available at the factories and mines to watch their employees closely (Geringer, 2008). In 1861, when he was investigating a railway case he discovered a n assassination plot against Abraham Lincoln. The conspirators were intended to kill Lincoln during a damp at Baltimore on the way to his inauguration. Pinkerton warned Lincoln of the threat and he passed through that city at nighttime secretly. Lincoln soon hired Pinkerton to organize a secret service to gather military entropy during the civil war in the southern states. During this time he hired escaped slaves as spies to the confederates.During the time of the civil war Pinkerton headed a group that was aiding the government with information about their rivals. He also at times acted as Lincolns body guard. During the years between 1867 and 1875 he was the head of American secret service during the civil war and he led to the pursuit for frank and Jessie James American outlaws in the state of Missouri (John, 2005). After the civil war Pinkerton went back to the management of his detective agency. When Robert Pinkerton died in 1868 Allan Pinkerton took over the whole managemen t of the detective agency.However a year later he suffered a paralyzing stroke which nearly killed him. He recovered later and went on with the management of the Pinkerton detective agency. Between the year 1873 and 1876, one of his agents managed to obtain the secured evidences that had led to the breaking up of the coal miners organization in Pennsylvania who were public opinion to engage in terrorism. This led to the execution of twenty people members by the court. In 1877 they went on strikes that led to much criticism of the Pinkerton detective agency harsh policies towards the labor meats.The criticism was done in circles though Pinkerton was assertive that he was helping workers by opposing the labor unions. Allan Pinkerton died in 1884, and the agency was taken over by his sons William and Robert who proceed the agencys movement from detective work to security and protection. Improved police departments and other private agencies at this time had begun to impinge on Pinke rtons business. Allans sons continued with the companys expansion, investigations of mafia activities, unions, robberies and insurance claims. They also provided protection to various public events.During the labor unrests he hired guards to keep strikers and their unionists away from the factories. Most noted was the 1892 homestead strike where the Pinkerton agents ended up killing some(prenominal) people. The Pinkerton Detective agency often supplied men to break strikes. During this year 1892, the amalgamated iron and steel workers union invited its members at a homestead plant owned by Andrew and Henry. The strikers were waiting for them and they had a battle all the day long which resulted to the death of seven Pinkertons agents and nine workers. This gave the agency a bad packaging (Gale, 2000).Allan Pinkerton II gained control of the company in 1923. He continued with the expansion of the business due to change magnitude bank robberies which was facilitated by automobile. In 1930 he also died and Robert Pinkerton II took control of the agency. In 1937 when the Wagner Act by the congress was passed it made the investigation of the labor activities illegal. To make up for this loss of the business the Pinkerton Agency rivet more on investigation of gambling, especially the horse racing circuit. The 1940s through to 1960s was a time for change for the Pinkerton National detective agency.Their primary service changed to guarding of property. This can be linked part to the services they offered during the World War II guarding the war supply plants. In 1965 it was renamed Pinkertons incorporated to radiate this shift away from investigation services. In 1967 Edward J. Bednarz became the first non- family member to be a president of the agency. In 1983 Americans Brands purchased the Pinkerton for $162 million. The chairman who took over Robert McGuire had the objective to improve the agency service and increases revenue. His efforts resulted to $11 mill ion loss in sales by 1987.This loss could be partly blamed on the competition by other over 1000 security agencies that had sprung up over the years (Gale, 2000). Thomas Wathen purchased the company from the American Brands in 1988 for $95 million. His goal was to revitalize this firm having revitalized the California Plant Protection to gain its source position of a multi purpose investigation firm. He actively sought the companys crop through acquisitions. After duration of two years, Pinkertons inc. had combined revenue of $605 million. Wathen also expanded the agency reach to other countries including Mexico, Canada and Portugal.In 1991, Pinkerton acquired Business Risk International, a respected investigation, a respected investigation, consulting and business agency. This move brought Pinkerton back into business as a full service security provider. The firm continued to expand throughout the late 1990s, and solidified its position as the worlds biggest security solutions fi rm (Gale, 2000). In conclusion the Pinkerton detective agency may not have been founded to run this far but the ambitions of the people who ran the company contributed to this sustainability of the company.The good work offered by the company was also needed by some(prenominal) and the target groups who received the services were also well chosen. The natural abilities of Pinkerton were also a great and grave aspect of his mission. The choosy way of recruiting the agents contributed a great deal to the success of the company. All these reasons combined with the brilliant services they offered made them more successful. Pinkerton was a great man in searching for up feeler opportunity which helped him in expanding his businesses and also gain superiority.References Gale Group, (2000) Pinkerton National Detective Agency. Retrieved on 16th Jan, 2009 from http//www. accessmylibrary. com/coms2/summary_0193-13350_ITM Geringer J. , (2008) Allan Pinkerton and His Detective Agency We Neve r Sleep. Retrieved on 16th Jan, 2009 from http//www. trutv. com/library/crime/gangsters_outlaws/cops_others/pinkerton/1. html John L. Hoh, Jr. (2005) Allan Pinkerton and his Secret map in the Underground Railroad. Retrieved on 16th Jan, 2009 from http//www. suite101. com/article. cfm/the_underground_railroad/114256
Saturday, April 6, 2019
Nevada Policy Scenarios Essay Example for Free
Nevada Policy Scenarios Essay1. Western Water PolicyIn light of population growth, Nevada must continue to seek new resources for water consumption. Options include working with farmers and states such as California, Arizona, Idaho, and even the area of Mexico. There are also various Lake Mead projects that could supply the needed water, as well as saving projects within the state of Nevada. economise a 350- to 400-word response answering the following questionsa. Can you project the potence enjoyment the state government will need to fulfill in this scenario? b. Can you project the role the federal official government might need to fulfill in this scenario? c. How much of a role should the federal government play in western water policy? justify your answers.2. Exploitation of Nevada ResourcesA radioactive blow out disposal company has recently settled a contract agreeing to dispose of radioactive waste for various thermonuclear power plants located across the United St ates. Company executives, following several meetings, assume decided to pursue waste disposal at Yucca Mountain, a short distance from Las Vegas. Using Ch. 11 of The Sagebrush State as a guide, write a 350- to 400-word response answering the following questionsa. In light of court decisions in the 1990s regarding control of federal lands in Nevada, why would eastern politicians and nuclear power plant owners show little regard for Nevadans who oppose storage of nuclear waste in Nevada?b. Is there any aspect of the Nevada Constitution that would influence land-use policies such as the one in this scenario? Explain your answer.c. In what ways can the Nevada state government play a role in essential land-use decisions similar to this?3. Past and Present GamingSuppose you had the opportunity to develop a new casino in Nevada. Write a 350- to 400-word response answering the following questionsa. What historic political, social, and economic trends could you reference to back the posit ive opportunity and benefits of building a casino? What current political, social, and economic issues might deter you from embarking on such a project? b. Consider land-ownership issues.4. Alternative Sources of Energy in NevadaThe availability of land, sunlight, and other inhering resources make Nevada an ideal location for alternative energy sources. Speculate on how Nevada could capture these resources to create a competitive advantage in their area. In what ways would this advantage be affected by political, social, and land-ownership issues? Write a 350- to 400-word response that considers political, social, and land-ownership issues relative to each of the following alternative energy sourcesa. Solarb. Geothermalc. sneakd. Hydroelectric
Food Hygiene & Sanitation Essay Example for Free
regimen Hygiene Sanitation Essay barely without oxygen at an ideal temperature 43? C c. Only with oxygen at an ideal temperature of 43? C d. Only without oxygen at an ideal temperature of 39? C 7. Which of the following multitudes of hazards are most likely to cause a solid nutritionborne disease outbreak? a. bacteria and viruses b. Parasites and molds c. Vibrio spp. and Shigella spp. d. Chemical and physical hazards 8. bacterium grow best within a narrow temperature hunt down called the temperature danger zone. The temperature danger zone is between a. -18? C and 104? C b. -8? C and 65? C c. 5? C and 60? C d. 5? C and 100? C . Bacteria that cause foodborne unsoundness will only grow on foods that have pH at _____ or above and a water activity (AW) above____. a. 3. 2 0. 85 b. 4. 6 0. 85 c. 6. 5 0. 80 d. 8. 0 0. 75 10. Which of the following bacteria produce a toxin that is more likely to cause death if consumed? a. Campylobacter jejuni b. clostridia botulinus c. Shiga-tox in producing Escheria coli d. Listeria monocytogenes 11. Some bacteria form spores to help them a. Reproduce b. Move easily from one location to other c. Survive adverse environmental conditions d. Grow in high acidic foods 12.Which of the following is a histamine poisoning? a. Ciguatoxin b. Scombrotoxin c. Mycotoxin d. Paralytic Shellfish Poisoning (PSP) 13. Which of the following is not considered a potentially hazardous food group? a. Red meats b. Fish and shellfish c. Poultry and eggs d. Dried grains and spices 14. The most effective way to reserve the growth of bacteria in a food establishment is by controlling a. Time and temperature b. pH and oxygen conditions c. Temperature and water activity d. Time and food availability 15. Food borne illness can caused by a. Poor personal hygiene b.Cross pollution c. Temperature abuse d. All the above 16. Regarding food thermometers, which bid is false? a. Be calibrated b. measure out temperatures between 5? C and 57? C c. Measure temperatures between -18? C and 104? C d. Be approved for use in foods 17. Good personal hygiene includes a. Using hand sanitizers instead of washing hand b. Keeping hands and clothes clean and salutary c. Wearing attractive uniforms d. Cleaning and sanitizing food-contact surfaces 18. Cross contamination is a term used to describe the fare of a foodborne hazard from 1 food to another a.By a food workers hand b. From a cutting board c. From a knife blade d. All of the above 19. aft(prenominal) proper cooking, all foods that are to be held hot must be held at a. 74? C or above b. 57? C or above c. Room temperature until served d. 49? C or above 20. Food workers should wash their hands after which of the following? a. Taking out the trash b. signature their faces c. Handling raw food d. All of the above Section B (10 marks) Answer either align/ False. 1. The Hazard Analysis Critical Control Point System is only used to monitor food processing in manufacturing plants. () 2.Certifi cation of food protection managers and workers refers to screening done for health problems. () 3. The term food establishment includes any site where food is processed, prepared, sold or served. () 4. Bacteria and viruses cause most foodborne illness. () 5. peerless of the potentially hazardous food is cut melons. () 6. There are two types of bacteria that are spore forming and non-spore forming. () 7. Clostridium botulinum cannot cause death. () 8. E. Coli can be found in the intestines of warm-blooded animals. () 9. Prevention of cross contamination can be done by keeping raw food and ready-to-eat food together during storage. ) 10. Bacteria take 25 minutes to multiply. () Section C (20 marks) Briefly explain on each answer. 1.
Friday, April 5, 2019
Comparing US and Indias Abortion Laws
Comparing US and Indias Abortion LawsA REFLECTION OF AMERICAN JURISPRUDENCE ON THE INDIAN MILIEU OF LIBERALISED ABORTION POLICIESAbortion laws originated in the United Kingdom as early on as 1803, exactly the credit of revolutionizing stillbirth laws and recognizing the inhithernt, possibly inextricable right and liberty of women over their bodies sewer l mavin(prenominal) be given to the United invokesmore special everyy to the American Judiciary. From as early as hard roe v. Wade, the American Judiciary has been reiterating womens rights as radical persons to full terminate her pregnancy in the earlier stages and thither afterwardwardsward the give tongue to being given a role to play hence making miscarriage legal for the obtainment ceremony time in the Unites estates in 1973. Even though senators and some otherwise policy-makers in several, if not all(prenominal), conjures of the United States get hold of tried to whittle down the primary premise of roe v. Wade, it had been emphatically upheld in subsequent aspects. later more than thirty years of taking firm root of the pro-abortion movement in the West, anti-abortion groups know again taken a radical stand by trying to control abortions through the introduction of the unhatched Child Pain cognisance visiting card of 2005(comm unaccompanied known as Fetal Pain Legislation) and as m all a(prenominal) as 20- triple states in the USA fetch passed it to be an Act, which would require that abortionists disclose to women the reality that cleansing an unborn baby by abortion stupefys incommode to the child. It would also require that women who were gravid for more than twenty weeks would be given the choice of adopting anesthesia for their foetuses. Interestingly this move by the legislatures was said to consider its primer coat on the judgments in Gonzales v. Carhart whereby the peremptory accost had held that the federal regulation banning failial-birth abortion was c onstitutional on its face. The issue of fetal agony arose amidst the partial-birth abortion contest. Supporters of the federal command argued that partial-birth abortion was excruciatingly painful for the foetus and that banning this abortion procedure would further the States legitimate recreate in protecting the unborn child. Opp unmatchablents of the federal ban argued that there was no conclusive scientific evidence to support the hypothesis that a fetus is even capable of lifeing pain. As a result of this partial-birth abortion controversy, legislations aimed at acknowledging and assuaging fetal pain during abortion came into being. In India, the debate on abortion laws as embodied in the Medical finis of Pregnancy Act, 1971 has been swirling since the Bombay High court of laws decision in Dr. Nikhil Dattar Ors. v. Union of India, whereby the Court going by a morose interpretation of the provisions in the Statute, refused to give a lady pregnant with a malformed fetu s to abort since she was already in her twenty-fourth week of pregnancy as mandated by the Statute. Since accordingly there occupy been urgent calls to amend the Statute as long-standing critiques of the policy were brought to the fore-front again. It has become critical at this occasion to expression at the development of abortion law and policies in the West, particularly in the United States, to dullard where India stands at this moment and whether, if at all, India should be inspired from the western counterpoint or take direction from the developments therein to better further its own stakes in striking the perfect balance between liberty, familiarity and freedom of the individual versus the States right to interfere.I. INTRODUCTIONThe issue of abortion presents itself to the modern sensibility and understanding as a perplexing cocktail of moral, spiritual and legal perplexitys. Indeed, the problem of regulating abortion is inherently an exercise in seeking out the equ ilibrium between an ever-increasing degree of medical examination empiricism that time and technology continually bring into the fluid domains of moral, religious and legal normativeness. Some of the several facets of the question, by their precise nature, would fail to one shot up with any one answer under the scrutiny of any courtnormative questions of when tone truly begins, whose life is more valuable and the relative sanctity of human life, potential and existing, are, as the courts themselves see recognized 1complex considerations of such a personal nature that courts had better leave them off their consideration list and if absolutely requisite to deal with such questions, then exercise the highest possible degree of predisposition in dealing with them. The lotion of lenses as varied as the feminist, the medical, the bioethical and moral, the religious2 and the legal (and more special(prenominal)ally constitutional) bow many resultant views to the issue. Any lastin g resolution, legal or otherwise, then must(prenominal) come from a nuanced, holistic view of the multiple facets of the problem. Indeed, the representing notions of the larger abortion debate, personhood, bodily integrity and autonomy, and the relative importation of rights (individual, fetal and of the putative father) and their holders, are issues of interdisciplinary concern.On the central issue of personhood, for instance, which has found resonance in the Courts specifically in context of the fetal status, it has been re markinged that the law and indeed society ignores the personhood of the adult female3, who in that regard at least should return been granted integral and unquestioned constitutional standing at par with other women and men. Conversely, when the question of fetal personhood is detached from a moral or spiritual context and is viewed under the medical and bioethical lens in measurable and empirical terms, it is defeated.4 While the debate rages on with pas sionate voices and legitimate concerns on either side of the divide, and the groundswell of reason and rhetoric shows no sign of ebbing, it has been recognized that the entire compass of the debate boils down to only the slighter of two difficult tragedies5. In this article we shall seek to address the grand analysis and documentation of the evolution of the abortion jurisprudence as has evolved in the United States of America and then compare as to where India with its fledgling abortion laws stands in perspective. Above all, however, even as we take indorser through the rhetoric as it deepens into more and more specific concerns, such as those dealt with in the latter(prenominal)(prenominal) part of this article, the exercise brings home the sobering realization that the law, as a tool, can take us only so far in settling the of imports of and the issues surrounding the abortion debate6.II. ABORTION THE by AND THE PRESENTA. THE PRE-ROE LANDSCAPEAttitudes towards abortion in t he ancient world were, in the whole, accepting of abortion, with few qualms rough its practice. Ancient religion placed no bar on abortion and fetal rights were largely unrecognized.7 Interestingly, however, one of the basic requirements of the Hippocratic Oaths is a categorical one to refrain from the practice of abortion in any form.8 Early common law, influenced as it was by the philosophic and theological debates of its own of when the fetus was to be considered quick, recognized abortion as a crime only after quickening, that is the point in time at which the fetus becomes capable of discernable and independent movement in utero.9 This was usually considered to kick the bucket between the time frame of 16 and 18 weeks into pregnancy, although no entirely empirical root word for this was offered. When England choose its first legislation in 1803Lord Ellenboroughs Act10as it was known, it retained the notion of quickening using it to mark the distinction between a simple fel ony, in the beginning the incidence of quickening and a capital law-breaking once the fetus is quick.Compare this with the scenario eighteen years after the passage of Ellenboroughs Act. Across the Atlantic in 1821, the US state of Connecticut became the first to adopt an abortion legislation which read much worry Ellenboroughs Act. Mean objet dart, the state of New York in 1828 passed laws recognizing abortion as an offence (which were to become the prototypical model for early legislation across the United States), albeit of different degrees, both before and after quickening. Further, it recognized and included sanative abortion as valid and excusable, thereby guaranteeing several(prenominal) safety measures to heavy(p) bugger offs in slip-ups where their physicians had reason to think the mothers own life was at risk.11 Within the span of a hundred years, however, by the middle of the twentieth century, the volume of US States had enacted a complete ban on abortion, sav e for cheeks in which the mothers life was at risk. The notion of quickening, a pervasive concept forming the natural basis for abortion laws in the not precise distant past, came to vanish entirely from the rulebook.In the 1960s and 70s, many US States were beginning to adopt some version or variation of the American Law Institutes Model Penal Code12, (hereinafter referred to the A.L.I. Model) in which the abortion laws were decisively less stringent than before. In a very encompassing sense and in only very small measure, womens right to abortion began to reclaim some of its early efficacy. The laws, however, despite their new form, allowed far less opportunity to procure a medical termination of pregnancy than in the past. It was only in 1967 that cobalt became the first state to legalize abortion. 13 This movement towards the A.L.I. Model and more liberalized laws in general was, it must be noted, however, a gro backstage but not universal trend of the time. The State of Te xas, which enacted its first abortion legislation in 184014, was among the majority which make no movement toward liberalizing their abortion laws. Laws banning abortion, except in the case of tangible risks to the mother, abideed in place in the majority of US States. Thus before even the leap out of an opportunity for a stand-off between the legislature and the judiciary as we shall see in the forthcoming part, there were slow and decisive vacillations in abortion laws which sometimes favored the pro-choice and sometimes favored the pro-life with varying degrees over time.B. ROE v. WADE THE CONTEXT, CRITICISMS, CONCLUSIONS AND CONSEQUENT DECISIONSAgainst the backcloth elucidated above, it might be pertinent to look into the landmark judgment and decision of hard roe v. Wade.15(Hereinafter referred to as Roe) Herein an unmarried, pregnant cleaning lady, under the pseudonym of Jane Roe, instituted a federal action on behalf of herself and all other women in the March of the year 1 970 against the District lawyer of Dallas County, Texas, where she resided, challenging the very constitutionality of the Texas Criminal Abortion Laws. She stated her intent to procure a legal abortion performed by a competent, licensed physician, under safe, clinical conditions16 and that she would not be able to travel to a jurisdiction which would allow her to obtain an abortion of the aforementioned nature. The case came in federal appeal to the Supreme Court of the United States in December 1971, and on the 22nd of January 1973, the Courts historic seven-two judgement was enunciated by judge Blackmun. This decision has since then taken the shape of a veritable cornerstone in any rendering of the protracted history of abortion debates in the United States.Justice Blackmun gave on behalf of the majority the Courts opinion.17 The Court recognized, side declination the decision in Griswold v. Connecticut18, that a general right to privacy exists, although nowhere explicitly stat ed, in the US Constitution, and that it is protected by the ordinal Amendments Due Process Clause. It read the said right as a fundamental one, being broad enough to cover a muliebritys right to choose whether or not to abort, and only subject to government regulation in the face of some compelling interest of the state ( both the life of the mother and the potential life of the fetus were recognized as legitimate interests). The Court held that State interference in pregnancy is justifiable in the second trimester only to protect motherlike wellness, since at this point the risks of abortion are greater than those associated with childbirth itself. However, it is only once fetal viability is reached that the State is granted a compelling interest. At this stage, the complete prohibition of abortion, other than in cases of risk to the expectant mothers health or life, is permissible. The dissenting opinion, given by Justice Rehnquist, however lays down certain criticisms of the j udgement. Firstly, that the Court went too far in formulating and applying constitutional rules in terms which were significantly broader than the precise facts of the case warranted. Secondly, the application of the right to privacy in this case was seen as difficult to justify and thirdly, he conceded the applicability of the Fourteenth Amendments Due Process clause to legislations such as the one at hand but goes on to find troubling the Courts sweeping invalidation of restrictions in the first trimester. Further, he stated that the Court had by chance taken its task too far, leaving the boundaries of judicial judgement and entering onto legislative turf.The resolution of this and other cases by no means signalled the end of the pro-choice journey. As recognized by the courts, safe abortions remain a function of such considerations as race and income. The United States has seen violent attacks against abortion clinics and stigma mud a very real challenge. In spite of it being touted as a landmark judgement, Roe continues to attract criticism from all quarters. Drawing their main premises from the Rehnquist dissent, many, be it proponents or opponents of abortion alike, have questioned the sound basis of the judgement and the consequences of its overly broad and vague contentions19. The construction of the doctor-patient relationship and the rights and roles of the two parties (the woman seeking abortion and the medical practitioner) as depicted by the Court was also criticized. There have also been several attempts to overturn the Roe decision. In fact in about a decade leading up to 1992, the United States approached the Court as amicus curiae in five separate cases, to overrule Roe, but the judgment was resoundingly upheld in what would be touted as another(prenominal) landmark the Planned Parenthood of southeasterly Pennsylvania v. Casey.20(hereinafter referred to as Casey) The courts decision was given, in this case, by a triad of judges. This case is one among a very small group to hold that distinction. Justices OConnor, Kennedy and Souter, in their joint opinion, had the following to say After considering the fundamental constitutional questions resolved by Roe, principles of institutional integrity, and the rule of stare decisis, we are led to conclude this the essential holding of Roe v. Wade should be retained and once again reaffirmed.21 Casey, as is evident from the above, upheld the fundamental grounds of the majority decision in Roe. It has even been said that the (joint) opinion has definitively and decidedly put all doubts about the basic constitutional question of abortion.22After Casey, the constitutional basis of the womans (qualified) right to abort was no longer negotiable, and no likelihood remained of the Court reconsidering or overturning Roe while, for example, in another, earlier case, the consideration of Roes constitutional merits were only left off for another day23.It must be noted, however, that the judges in Casey made go along that they were by no means offering an unqualified affirmation of Roe. The Court denounced the prescriptive medical trimester organization laid down in Roe and, in its place, enunciated the test of indefensible shoot. Under this test, the State may justifiably place regulations on the procurement of abortion pre-viability as well, in furtherance of its interest in the life (or potential life) of the foetus, deliverd that the regulations imposed lay down no idle burden on the womans right to procure the abortion, if she so chooses. This right exists even in spite of the fact that the States interests were deemed in Roe to become compelling only in the third, last trimester of pregnancy, when the court could prohibit abortion, other than when the womans life was in danger. The Courts holdings in Casey came in the context of Pennsylvanias state laws which required parental or spousal notification if a woman desired to procure an abortion. The provisio ns regarding the former were upheld on the grounds that that they did not impose an un cod burden on the pregnant woman and her rights, while the latter was declared unconstitutional by the Court.The broad constitutional questions surrounding the abortion having been addressed in Roe and settled in Casey, more specific issues began to appear before the Courts. In Stenberg v. Carhart24 (hereinafter referred to as Carhart I), at issue was a northeast state statute25 criminalizing the instruction execution of partial-birth abortions, a particular form of abortion in which the living fetus is delivered partially into the vagina, aborted and then legal transfer is completed. The statute afforded no exception for cases in which the womans life is at risk. Dr. Leroy Carhart, a medical doctor in the state of Nebraska who performed abortions, brought this suit contending that the provisions of the statute violate the US Federal Constitution. The case came in appeal before the Supreme Cour t. The Court, in its opinion delivered by Justice Breyer on the 28th of June, 2000, found that the statutes were unconstitutional firstly, because the requisite exception in value of grave risks to maternal life was entirely absentminded and secondly, because, in its complete restriction of access to a particular method of abortion, the statute was seen to place an undue burden on the womans right to choose abortion itself. The breadth of the judgement spans a consideration of the different abortion methods available, partial birth abortion being only one among them, and the validity of the ban on partial birth abortion under the statute, referring, as the District Court before it had, to medical definition and policy of the American Medical Association. The judgement also contained a further restatement of the Courts as affirmation of the principles in Roe and Casey. The decision in Carhart I derives much of its value from the fact that the substance of the decision invalidated, for all intents and purposes, similar bans which were at the time in force in the majority of US States.But, subsequently, on the fifth of November, 2003 the United States Congress passed the partial(p) hand over Abortion Ban Act26(hereinafter referred to as the Partial Birth Act) criminalizing the consummation of partial birth abortions. In spite of the decision in Carhart I, this piece of legislation contained, as did the Nebraska statute which was the subject of the dispute, no exception for the health of the woman. It has also been noted that the language of the Partial Birth Act was very similar to the Nebraska statute27. The validity of the Partial Birth Act came up for question in yet another case brought to the courts by Dr. Carhart (and others) challenging its constitutional validity and seeking a permanent injunction against its enforcement, this decision we now call Carhart II28. In this instance, Carhart II on appeal from the ordinal Circuit Court and another case, also involving US Attorney General Gonzales and the question of the validity of the Partial Birth Act (such cases were referred to as facial attacks or challenges to the statute)29, with specific reference to the requirement of an exception for cases involving maternal health, Gonzales v. Planned Parenthood Federation Of America, Inc.30, on appeal from the Ninth Circuit, were consolidated and heard by the Court. The case was closely fought, and the opinion deeply divided. With a majority of five as against four,31 the judgement went in privilege of Attorney General Gonzalesthe Act was upheld.As in Carhart I, Justice Kennedy in his statement of the Courts opinion for the majority began with an exposition on the various methods of abortion. The plurality opinion in Casey in relation to State interest was resurrected, but Justice Kennedy made a clear distinction the Act merely regulated one method of abortion. It placed restrictions on the procurement of abortion itself and, therefore The law saves not a mavin fetus from destruction, for it targets only a method of performing abortion.32The specific statement of the validity of the Act was reassert by Justice Kennedy. He held that the Act was not void for vagueness, does not impose an undue burden from any over breadth, and is not invalid on its face.33 Justice Thomas and Justice Scalia concurred, and the former in his concurrence states, crucially, that I write separately to reiterate my view that the Courts abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution.34 Justice Ginsburg, with whom Justice Stevens, Justice Souter, and Justice Breyer joined, in an emphatic dissent was in her linguistic communication alarmed35 by the Courts decision. She further recognised the weight of the precedent which, in upholding the Act, the Court was ignoring and could not find any fathomable justification for the same. Thirdly, she pointed out the Courts complete and unjustifiable terms, which showed no regard for or quotation ,express or implied, of the hitherto firmly entrenched notion of viability and the distinction and consequences of pre- and post-viability abortion decisions. Lastly, she expressed complete disparity with what amounted to an absolute sanction of federal intervention and legislation contrary to a specialist bodys, the American College of Obstetricians and Gynaecologists (ACOG), professional person view that such a procedure was in specific cases required and necessary.Notwithstanding Justice Ginsburgs specific premises of dissent, several others exist. One strong objection to Carhart II is this Thirty four years after Justice Blackmuns decision in Roe, Justice Kennedys enunciation of the majority opinion in Carhart II pronounced a return of the Court to its initial stance on the relationship of the woman, vis--vis medical practitioners. The construction of the woman slid from casting her as the primary stakeholder and decision maker as regar ds termination of pregnancy, as explicitly ceremonious in Casey among several other decisions of the Court, to one in which the she acted as her doctor chose. It seems that Carhart II is, by its statements with respect to the womans status and their implications at least, a return to Myra Bradwell36-esque rhetoric and reasoning37, where the womans status and function in society and societal interaction is reduced to a narrow definition, accounting for only her ability to procreate and her role in maternity and child rearing. Another (related) criticism also stems from Justice Kennedys statement as regards the consequences for the prospective mother upon the unquestionable performance of a medical abortion Severe depression and loss of esteem can follow.38 No empirical foundation is offered for such an inference indeed, doubts surrounding the very question of existence of a scientific basis are admitted the absence of reliable data to measure the phenomenon is explicitly conceded.R oe, since its passage three and a half decades ago, has been a touchstone in the evolution of the body of laws that governed medical termination of pregnancy. Its full scope was whittled down early in its existence, most visibly and explicitly in Casey. But, despite that, its basic premises, its spirit unambiguously prevailed in all of the US Supreme Courts deliberations and pronouncements on the subject. It is a foreseeable consequence, however, that, after Carhart II, movements, especially pro-life advocacy, and their founding impetus will grow in favor of overthrowing Roe or circumventing it, most likely through legislation, as is already beginning to emerge in several US states39. The question of whether the vast body of abortion jurisprudence in the United States Courts system will lastly at all, let alone conclusively, amount to progress in the field of gender rights and, more particularly, for the cause of female reproductive autonomy has, now, especially after Carhart II and Casey taken on a significantly diametric range of possible answers as compared to those that were presumed likely prior to the resolution of these cases. The precise answer is, at this juncture at least, only a product of time.II. FOETAL PAIN LEGISLATIONCONTRACTION OF liberty FOR PREGNANT WOMENThe essence of civilization is this The strong have a duty to protect the weak. We know that in a culture that does not protect the most dependent, the handicapped, the elderly, the unloved, or simply inconvenient become increasingly vulnerable. George W. Bush40A. A SHORT ANALYSIS OF THE PROVISIONS OF THE UNBORN CHILD PAIN AWARENESS ACT OF 2005 AND THE collect FOR SUCH A LEGISLATIONThough the then Governor Bush who would later become the hot seat of the United States of America was not talking of abortion at all, he was perhaps echoing the sentiments of another President of a by-gone era Ronald Reagan. The latter in an address had famously said that Medical skill doctors confirm that when the lives of the unborn are snuffed out, they often feel pain, pain that is long and agonizing.41 With such lofty intentions in mind, to protect the vulnerable perhaps, the Fetal Pain Legislation was introduced in the Senate.The unborn Child Pain Awareness Act of 2005(hereinafter referred to as the Act) was introduced by Senator Sam Brownback of Kansas in the US Senate on 24th January 2005 being Senate Bill no. 51.42 This Act aims to punish physicians heavily should they fail to advise women of the potential for fetal pain after 20 weeks gestation.This is done by amending by adding a new chapter titled Title XXIXUnborn Child Pain Awareness to the Public Health Service Act, first enacted in 1946. There has been a considerable furor over this particular provision in the Act as the medical labor union is continuously making itself heard that at this stage of gestation, the fetus does not develop the necessary biological mechanism to feel pain as such. Case in point would be a wing of physicians, specialized in embryology and neuro-anatomy, who assert that pain fibers do not start penetrating the cortex before the fetus is 26 weeks old and the sensation of pain would not begin before the 29th week.43 still the Congress ignoring well proven ideas on the same issue, state in the Findings which are a part of the Act that at 20 weeks after fertilization, fetuses have the capability to feel pain and to make the stretch even widersince the concept of what the fetuses might be feeling might not be pain at allthe Congress in its Findings mentioned that such fetuses might show such stimuli as may be interpreted to show feelings of pain if observed in infants or adults.44The requirement of informed consent as laid down is Sec. 2902 of the Act provides for some very stringent and conformist ideas about intimating the pregnant woman regarding the consequences of her action. The provision states the abortion provider or an agent must provide to the pregnant lady with the education that after however many weeks her fetus is into gestation (provided it is more than 20 weeks), such fetus has the necessary physical structures present to feel pain and that such fetus shall feel pain irrespective of whether the pregnant lady has been given pain-averting drugs or general anesthesia. The pregnant lady is to be then given a brochure to be designed by the Department of Health and Human Services and also made to necessarily sign a decision form whereby her decision as to whether or not pain alleviating drugs shall be copeed to the fetus directly are recorded for official purposes. This step-by-step method is not only to be compulsorily followed but the provision also mentions what the abortion provider or the agent must say in such situations in as many words.45 The only exception provided to this is in case of Medical Emergencies and such situations which would fall under this exception have also been defined in the Act. As such Medical Emergencies are to me an such situations in the reasonable medical opinion of an abortion provider of imposing a serious risk of causing grave and irreversible physical health damage entailing substantial impairment of a major bodily function if abortion is delayed.46 Penalties for not advantageously following the mandates of these provisions have also been laid down in the Act itself and range from pecuniary fines to cancelling of licenses.47 The Act also grants a private right of action to the woman on whom an abortion is performed in violation of the provisions of this Act or her legal guardians in case of an minor or unemancipated woman, to commence a civil action against such abortion provider who has acted recklessly or knowingly for actual and punitive damages.48If we were to adopt a simple assumption that given a choice between a procedure which would result in inflicting pain upon a fetus and another maybe more pricey procedure which might alleviate the pain a fetus may feel, most women would prefer the latter procedure. If that were to be true, then physicians would regularly administer pain relieving medicines to fetuses as a part of late term abortion procedures. However there is at present no such indication that it happens.49 Doctors however have been found to routinely providing fetal pain relief drugs quite routinely while performing in-utero surgeries.50And here lies precisely the need for a fetal legislation.To explain more elaborately, we can pinpoint the reasons for physicians not administering fetal relief medicines due to broadly three reasons. The first and very pertinent reason would be that physicians do not look at fetuses as their patients and hence do not bother themselves with the problem of alleviating their pain. Secondly, physicians and patients would not be willing to venture into pain relieving methods which would involve higher costs as well as some health risks associated with longer periods of sedation.51 Also because discussing fetal pain bef ore an abortion might be uncomfortable, even for a physician accustomed to having conversations about sensitive matters with patients, as such abortion has as its purpose the destruction of the fetus, and physicians naturally prefer to discuss matters that patients find reassuring, the default arrangement seems to be that physicians provide no information on fetal pain or fetal pain relief.Thirdly and perhaps a disconnected reason from the other two at that, is the fact that most women did not have enough awareness to realize that there is a possibility, albeit a minor one, that the fetus she is aborting might feel pain during the procedure, much less asking for means to alleviate that pain. However if perhaps women could be provided with the required information that their fetuses may and in all probability do suffer fetal pain while undergoing abortion52, then they would in most circumstances be persuaded to administer drugs to the fetus. This is assuming that such women would not be indifferent as to whether their fetuses feel pain or not. This would in fact be in line with the testimony of most women who opted for late-term abortions saying that they had to opt for a tragic end to much wanted pregnancies due to other considerations.53 Even with such factors for women to want administration of pain relieving drugs to the fetus, it has been suggested that they might not be in a position to actively seek out information about the issue of fetal pain, care in mind that they have innumerable such considerations clamoring for attention in their minds.54 Thus legislation requiring the abortion providers to necessarily supply pregnant women of such information and seek their informed consent to administer pain alleviating drugs might right the current skew in the society.B. HOW THE LEGISLATION COULD PASS CONSTITUTIONAL
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