High Crimes and Misdemeanors in Impeachment

High Crimes and Misdemeanors in Impeachment â€Å"High Crimes and Misdemeanors† is the rather ambiguous phrase most often cited as grounds for the impeachment of U.S. federal government officials, including the President of the United States. What are High Crimes and Misdemeanors? Background Article II, Section 4 of the U.S. Constitution provides that, â€Å"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.† The Constitution also provides the steps of the impeachment process leading to the possible removal from office of the president, vice president, federal judges, and other federal officials. Briefly, the impeachment process is initiated in the House of Representatives and follows these steps: The House Judiciary Committee considers evidence, holds hearings, and if necessary, prepares articles of impeachment – the actual charges against the official.If a majority of the Judiciary Committee votes to approve the articles of impeachment, the full House debates and votes on them.If a simple majority of the House votes to impeach the official on any or all of the articles of impeachment, then the official must then stand trial in the Senate.If a two-thirds supermajority of the Senate votes to convict the official, the official is immediately removed from office. In addition, the Senate may also vote to forbid the official from holding any federal office in the future. While Congress has no power to impose criminal penalties, such as prison or fines, impeached and convicted officials may subsequently be tried and punished in the courts if they have committed criminal acts. The specific grounds for impeachment set by the Constitution are, â€Å"treason, bribery, and other high crimes and misdemeanors.† In order to be impeached and removed from office, the House and Senate must find that the official had committed at least one of these acts. What are Treason and Bribery? The crime of treason is clearly defined by the Constitution in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.†The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. In these two paragraphs, the Constitution empowers the United States Congress to specifically create the crime of treason. As a result, treason is prohibited by legislation passed by Congress as codified in the United States Code at 18 U.S.C.  § 2381, which states: Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. The Constitution’s requirement that a conviction for treason requires the supporting testimony of two witnesses comes from the British Treason Act 1695. Bribery is not defined in the Constitution. However, bribery has long been recognized in English and American common law as an act in which a person gives any official of the government money, gifts, or services to influence that official’s behavior in office. To date, no federal official has faced impeachment based on grounds of treason. While one federal judge was impeached and removed from the bench for advocating  in favor of succession and serving as a judge for the Confederacy during the Civil War, the impeachment was based on charges of refusing to hold court as sworn, rather than treason. Only two officials- both federal judges- have faced impeachment based on charges that specifically involved bribery or accepting gifts from litigants and both were removed from office. All of the other impeachment proceedings held against all federal officials to date have been based on charges of â€Å"high crimes and misdemeanors.† What are High Crimes and Misdemeanors? The term â€Å"high crimes† is often assumed to mean â€Å"felonies.† However, felonies are major crimes, while misdemeanors are less serious crimes. So under this interpretation, â€Å"high crimes and misdemeanors† would refer to any crime, which is not the case. Where Did the Term Come From? At the Constitutional Convention in 1787, the framers of the Constitution viewed impeachment to be an essential part of the system of separation of powers providing each of the three branches of government ways to check the powers of the other branches. Impeachment, they reasoned, would give the legislative branch one means of checking the power of the executive branch. Many of the framers considered Congress’ power to impeach federal judges to be of great importance since they would be appointed for life. However, some of the framers opposed providing for the impeachment of executive branch officials, because the power of the president could be checked every four years by the American people through the electoral process. In the end, James Madison of Virginia convinced a majority of the delegates that being able to replace a president only once every four years did not adequately check the powers of a president who became physically unable to serve or abused the executive powers. As Madison argued, â€Å"loss of capacity, or corruption . . . might be fatal to the republic† if the president could be replaced only through an election. The delegates then considered the grounds for impeachment. A select committee of delegates recommended â€Å"treason or bribery† as the only grounds. However, George Mason of Virginia, feeling that bribery and treason were only two of the many ways a president could willfully harm the republic, proposed adding â€Å"maladministration† to the list of impeachable offenses. James Madison argued that â€Å"maladministration† was so vague that it might allow Congress to remove presidents based purely on a political or ideological bias. This, argued Madison, would violate the separation of powers by giving the legislative branch total power over the executive branch. George Mason agreed with Madison and proposed â€Å"high crimes and misdemeanors against the state.† In the end, the convention reached a compromise and adopted â€Å"treason, bribery, or other high crimes and misdemeanors† as it appears in the Constitution today. In the Federalist Papers, Alexander Hamilton explained the concept of impeachment to the people, defining impeachable offenses as â€Å"those offences which proceed from the misconduct of public men, or in other words from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.† According to the History, Arts, and Archives of the House of Representatives, impeachment proceedings against federal officials have been initiated more than 60 times since the Constitution was ratified in 1792. Of those, fewer than 20 have resulted in actual impeachment and only eight – all federal judges – have been convicted by the Senate and removed from office. The â€Å"high crimes and misdemeanors† alleged to have been  committed by the impeached judges have included using their position for financial gain, showing overt favoritism to litigants, income tax evasion, the disclosure of confidential information, unlawfully charging people with contempt of court, filing false expense reports, and habitual drunkenness. To date, only three cases of impeachment have involved presidents: Andrew  Johnson in 1868, Richard Nixon in 1974, and Bill Clinton in 1998. While none of them were convicted in the Senate and removed from office through impeachment, their cases help reveal Congress’ likely interpretation of â€Å"high crimes and misdemeanors.† Andrew Johnson As the lone U.S. Senator from a Southern state to remain loyal to the Union during the Civil War, Andrew Johnson was chosen by President Abraham Lincoln to be his vice-presidential running mate in the 1864 election. Lincoln had believed Johnson, as vice president, would help in negotiating with the South. However, shortly after taking over the presidency due to  Lincoln’s assassination in 1865, Johnson, a Democrat, ran into trouble with the Republican-dominated Congress over the Reconstruction of the South. As fast as Congress passed Reconstruction legislation, Johnson would veto it. Just as quickly, Congress would override his veto. The growing political friction came to a head when Congress, over Johnson’s veto, passed the long ago repealed Tenure of Office Act, which required the president to get the approval  of Congress to fire any executive branch appointee that had been confirmed by Congress. Never one to back down to Congress, Johnson immediately fried Republican secretary of war, Edwin Stanton. Though Stanton’s firing clearly violated the Tenure of Office Act, Johnson simply stated that the considered the act to be unconstitutional. In response, the House passed 11 articles of impeachment against Johnson as follows: Eight for violations of the Tenure of Office Act;One for using improper channels to send orders to executive branch officers;One for conspiring against Congress by publicly stating that Congress did not truly represent the Southern states; andOne for failure to enforce various provisions of the Reconstruction Acts. The Senate, however, voted on only three of the charges, finding Johnson not guilty by a single vote in each case. While the charges against Johnson are considered to have been politically motivated and not worthy of impeachment today, they serve as an example of actions that have been interpreted as â€Å"high crimes and misdemeanors.† Richard Nixon Shortly after Republican President Richard Nixon had easily won re-election to a second term in 1972, it was revealed that during the election, persons with ties to the Nixon campaign had broken into the Democratic Party national headquarters at the Watergate Hotel in Washington, D.C. While it was never proven that Nixon had known about or ordered the Watergate burglary, the famed Watergate tapes – voice recordings of Oval Office conversations – would confirm that Nixon had personally attempted to obstruct the Justice Department’s Watergate investigation. On the tapes, Nixon is heard suggesting paying the burglars â€Å"hush money† and ordering the FBI and CIA to influence the investigation in his favor. On July 27, 1974, the House Judiciary Committee passed three articles of impeachment charging Nixon with obstruction of justice, abuse of power, and contempt of Congress by his refusal to honor the committee’s requests to produce related documents. While never admitting having a role in either the burglary or the cover-up, Nixon resigned on August 8, 1974, before the full House voted on the articles of impeachment against him. â€Å"By taking this action,† he said in a televised address from the Oval Office, â€Å"I hope that I will have hastened the start of the process of healing which is so desperately needed in America.† Nixon’s vice president and successor, President Gerald Ford eventually pardoned Nixon for any crimes he may have committed while in office. Interestingly, the Judiciary Committee had refused to vote on a proposed article of impeachment charging Nixon with tax evasion because the members did not consider it to be an impeachable offense. The committee based its opinion of a special House staff report titled, Constitutional Grounds for Presidential Impeachment, which concluded, â€Å"Not all presidential misconduct is sufficient to constitute grounds for impeachment. . . . Because impeachment of a President is a grave step for the nation, it is predicated only upon conduct seriously incompatible with either the constitutional form and principles of our government or the proper performance of constitutional duties of the presidential office.† Bill Clinton First elected in 1992, President Bill Clinton was reelected in 1996. Scandal in Clinton’s administration began during his first term when the Justice Department appointed an independent counsel to investigate the president’s involvement in â€Å"Whitewater,† a failed land development investment deal that had taken place in Arkansas some 20 years earlier.   The Whitewater investigation blossomed to include scandals including Clinton’s questionable firing of members of the White House travel office, referred to as â€Å"Travelgate,† the misuse of confidential FBI records, and of course, Clinton’s infamous illicit affair with White House intern Monica Lewinsky. In 1998, a report to the House Judiciary Committee from Independent Counsel Kenneth Starr listed 11  potentially impeachable offenses, all related only to the Lewinsky scandal. The Judiciary Committee passed four articles of impeachment accusing Clinton of: Perjury in his testimony before a grand jury assembled by Starr;Providing â€Å"perjurious, false and misleading testimony† in a separate lawsuit related to the Lewinsky affair;Obstruction of justice in an attempt to â€Å"delay, impede, cover up and conceal the existence† of evidence; andAbuse and misuse of presidential powers by lying to the public, misinforming his cabinet and White House staff to gain their public support, wrongly claiming executive privilege, and refusing to respond to the committee’s questions. Legal and constitutional experts who testified at the Judiciary Committee hearing gave differing opinions of what â€Å"high crimes and misdemeanors† might be. Experts called by congressional Democrats testified that none of Clinton’s alleged acts amounted to â€Å"high crimes and misdemeanors† as envisioned by the framers of the Constitution. These experts cited Yale Law School professor Charles L. Black’s 1974 book, Impeachment: A Handbook, in which he argued that impeaching a president effectively overturns an election and thus the will of the people. As a result, Black reasoned, presidents should be impeached and removed from office only if proven guilty of â€Å"serious assaults on the integrity of the processes of government,† or for â€Å"such crimes as would so stain a president as to make his continuance in office dangerous to public order.† Black’s book cites two examples of acts that, while federal crimes, would not warrant the impeachment of a president: transporting a minor across state lines for â€Å"immoral purposes† and obstructing justice by helping a White House staff member conceal marijuana. On the other hand, experts called by congressional Republicans argued that in his acts related to the Lewinsky affair, President Clinton had violated his oath to uphold the laws and failed to faithfully carry out his duties as the government’s chief law enforcement officer. In the Senate trial, where 67 votes are required to remove an impeached official from office, only 50 Senators voted to remove Clinton on charges of obstruction of justice and only 45 Senators voted to remove him on the charge of perjury. Like Andrew Johnson a century before him, Clinton was acquitted by the Senate. Last Thoughts on ‘High Crimes and Misdemeanors’ In 1970, then-Representative Gerald Ford, who would become president after the resignation of Richard Nixon in 1974, made a notable statement about the charges of â€Å"high crimes and misdemeanors† in impeachment. After several failed attempts to convince the House to impeach a liberal Supreme Court justice, Ford stated that â€Å"an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.† Ford reasoned that â€Å"there are few fixed principles among the handful of precedents.† According to constitutional lawyers, Ford was both right and wrong. He was right in the sense that the Constitution does give the House the exclusive power to initiate impeachment. The vote of the House to issue articles of impeachment cannot be challenged in the courts. However, the Constitution does not give Congress the power to remove officials from office due to political or ideological disagreements. In order to ensure the integrity of the separation of powers, the framers of the Constitution intended that Congress should use its impeachment powers only when executive officials had committed â€Å"treason, bribery, or other high crimes and misdemeanors† which substantially damaged the integrity and effectiveness of government.

Importance of Human Skin Pigmentations Essay Example | Topics and Well Written Essays - 500 words

Importance of Human Skin Pigmentations - Essay Example UVB is the short wave ultraviolet rays from the sun that are less dangerous than the short wavelength Ultraviolet rays known as the UVA. A UVB ray is absorbed at the surface of the skin and their intensity depends on the geographical area, time, and season. Vitamin D is responsible for absorption of calcium in our bodies for strong bones and teeth. Insufficient vitamin D causes brittle bones and rickets and people who have less exposure to the UVB rays from the sun must take vitamin D supplement. The skin is the largest organ and very important for the survival of human beings. Its protective nature to the other body organs and its pigmentation matters a lot in our health. Melanin is therefore very crucial for healthy individuals and where it lacks such as the people with albinism, medical attention is mandatory to prevent skin disorders and cancers. Skin pigmentation is very important in human bodies especially those living in hot regions such as the African continent. The main functions of melanin are the absorption of the ultraviolet rays from the sun that has a damaging effect by causing diseases such as the skin cancer. Light-skinned people have a problem in coping with the intense radiations from the sun as it causes a lot of damage to their skins. Inadequate melanin cannot absorb all the UVR rays from the sun especially when it is very hot leading to adverse effects such as premature aging, cancers, and vitamin D deficiency.

Money & Banking Assignment Example | Topics and Well Written Essays - 750 words

Money & Banking - Assignment Example It has been stated that the measurement problems occur especially during the business cycle contraction where the values are understated. Unemployment rate is understated due to a number of reasons. First off, underemployment is not regarded as unemployment, but is instead viewed as being employed. In tough economic times, job cuts are common in many organizations. Many people subsequently seek out jobs that do not utilize their full skill and knowledge potential (Horvitz 33). Though these jobs are temporary income earners to cater for the person’s daily need, the Bureau of Labor Statistics view these people as fully employed and does not count then against the national rate, leading to massive understatement. If a person who used to take home $140,000 each year has to take a job that offers $22,000, it is unfair to consider this person as employed (Horvitz 47). New entrants into the labor force are not considered unemployed. If for instance, a stay at home mum seeks out employment due to harsh economic times and fails to get employed, she will not get counted as unemployed by the authorities. There exist people under the age of sixteen who have taken up jobs to assist their families. Since they are below the age of 16, they are not counted as employed and if they fail to find work, they do not count as unemployed either. This adds up to massive understatement of the unemployment rate. The Bureau of Labor Statistics only considers one unemployed if you are actively involved in job hunting. Individuals who are jobless and are no longer searching for work are not counted as unemployed. They are therefore not included in the unemployment values rolled out every month, a phenomenon that without a doubt leads to understatement by massive margins (Horvitz 77). Some workers have had to involuntarily take up job sharing, working less hour shifts

Nutrition in Our Schools Research Proposal Example | Topics and Well Written Essays - 1250 words - 1

Nutrition in Our Schools - Research Proposal Example It is imperative that this problem is dealt with and addressed with the urgency it deserves. We should, therefore, emphasize educating our youth especially teenagers and use them as missionaries to educate the entire community across Florida. This will extend to the rest of America and the world as a whole about the alarming effects of this problem. Due to the lapse of nutritional sense in America, I have taken it as my agenda to the champion teaching of nutrition classes among teens in Florida. This is so that we can have a breeding ground where we can get personnel who can tackle this problem in the near future in Florida and across the globe. This will in a great way help get rid our region certain self-inflicting diseases and turn better the health of our future. With this, many people taking poor diets, one has to really ask: who is actually paying attention to what is going on persons taking poor nutritional diets?  Currently, the negative impacts on health have been predominantly caused by poor nutrition. As a result, the latest statistics are above board and stress further the need for the urgent remedy through teen education. For instance, it has been noted that 11% of high school students suffer from nutritional disorders, and 30% is the percentage of persons who die because of disabilities. It has also been noted t hat 33% of persons losing their lives due to cancer all trace their way back to poor nutrition. The teenagers that we endeavor to empower have also been revealed by statistics to have very serious problems. This is especially young women whereby 90% of those who suffer from nutritional disorders who are within the range of 12-25 years are actually women. The numbers of child deaths, which are cancer-related are about 50% (Caroldo 58).

Relevance of Lead Apron in Medical Imaging Profession

Relevance of Lead Apron in Medical Imaging Profession Introduction Lead aprons are available in the healthcare facilities to provide protection from unnecessary exposure of X-radiation to the patients and workers during radiology procedures usually done for diagnostic purposes. Body is shielded by the protective garment called lead apron from the harmful radiation during the medical imaging. Lead apron is found to be effective in protecting from radiation exposure only when it is worn properly. It is used in a safe and properly inspected environment (Lead Apron Policy, 2012). Protective aprons of 0.25mm lead are worn, while performing fluoroscopy whose body is exposed to 5mR/hr or more. Individuals expected to wear lead aprons or similar radiation protection instruments must inspect these instruments visually for any signs of damage before using them (Lead Apron Policy; California code of regulations, 2012). Principles of Lead Apron Advantages of lead apron It is observed to be effective and appropriate in protecting 95 percent of 80 kVp X-rays. As lead apron causes pain and stress to the back muscles back strain is avoided by wearing a skirt apron around the abdomen. In performing fluoroscopic procedures, wearing lead apron of lead equivalence 0.25mm to 0.5mm is found to decrease scattered X-rays by 95 percent. A thyroid collar is used along with lead apron and it is not required in the case of imaging patients. Every occupation worker exposed to fluoroscopic units higher than 5mrem/hr should wear lead apron. The dose rates that are higher than 5mrem/hr are measured within six feet of the table and it includes the place occupied by fluoroscopist (Lead Apron Policy, 2012). Disadvantages of lead apron Lead apron is not sufficient for protecting 111In or 131I. No shielding is provided for the patients by the lead apron for 137Cs or 131I therapy. In these patients, heavy portable shields are available. Shields are provided for brachytherapy patients in the radiation oncology department. Shields for radioactive iodine therapy patients are provided by health physics department (Lead Apron Policy, 2012). Inventory policy and lead apron inspection According to the joint commission standards, annual inspections have to be performed on the medical equipment by the healthcare organizations. Lead apron inspection and inventory are performed by Stanford hospital Clinics, Lucile Packard Children’s hospital and VA Palo Alto Healthcare system. Some of the recommendations in the apron inspection policy are looking for sagging and deformities or any visible damage, performing annual tactile and visual inspection and holes and cracks are identified by radiography and fluoroscopy. It is important to use manual settings and low technique factors during fluoroscopic examination. It is not recommended to use automatic brightness control as it will drive up the high voltage and tube current, which might result in exposure of unnecessary radiation to the operator and the wear (Lead Apron Policy, 2012). Lead apron is discarded, if the inspection reveals that there is a defect larger than 15 sq. mm on the apron parts shielding an organ or if there is any defect larger than 670 sq. mm along the seam or in the back of the apron and in thyroid shields with defects larger than 11 sq. mm (Lead Apron Policy, 2012). How can the affected technical personnel be protected from the radiation? It is not necessary for the technical personnel to stay closer to the patient in the case of radiography, general computerized tomography and mammography. Staying distant from the patient will prevent the personnel to receive the scattered X-rays from the patient. Structural shielding can also be placed in between the patient and the personnel to avoid the X-rays reaching the personnel. When the personnel are closer to the patient in fluoroscopic examinations as well as in image guided interventions, distance and structural shield will not be able to stop the scattering of the X-rays. In such cases, protective clothing like aprons, spectacles, table- mounted protective curtains, ceiling suspended protective screens and thyroid shields have to be used by the personnel (JL Heron et al., 2010). Based on the lead equivalence and X-ray energy, an apron will terminate 90 percent or more of the incident scattered radiation. The protective aprons are available in various thicknesses and shapes starting from front-only apron to a full coat. The front-only apron will be effective, if the person wearing it is facing the source of the scattered radiation (JL Heron et al., 2010). Radiological workloads differ for various specialities. The concerned protective tools required by a particular department are specified by a radiation protection expert or a medical physicist. The person with high workload in the cardiac laboratory must utilize all the protective tools, while a person in the orthopedic suite might require a front-only apron. If the person is working closer to the patient during imaging and wears an apron, a dosimeter that is fixed under the apron will estimate exposure of rays to the shielded portion and will not properly estimate the exposure of organs and tissues present outside the apron. Two dosimeters fixed inside and outside of the apron will give a good estimate of the effective dose to be used (JL Heron et al., 2010). How far are the lead aprons protective against ionizing radiation? Research studies were done to analyze the qualitative and quantitative aspects of lead aprons with the help of various methods. Eighty five lead aprons were collected from various departments in the hospital and from the district polyclinics where radiation exposure was present. They were collected and brought to the radiology clinic of the hospital to assess their protective nature. Aprons were identified based on the number of years they were used by the personnel, the units from where they have been obtained, number of personnel by whom they were worn, the model, the material by which they are made of and the thickness of lead in the apron (O Oyar and A Kislalioglu, 2012). X-rays were delivered such that 35X35 cm wide area of the lead apron is exposed to the radiation. There was 110cm distance between tube focus and lead apron. The images on the plates exposed on the back of the apron are transferred to films and these films are later evaluated with the help of scratches, cracks, rips and defects that might be present on the lead aprons (O Oyar and A Kislalioglu, 2012). As per the standard method, holes greater than 2mm diameter and cracks longer than 4mm were considered as destruction criteria. The aprons exposed with the same criteria were allotted for dosimeter testing by the ratio of ray absorption. The absorption features were assessed using two tests such as scattering X-rays on the apron directly and indirectly. In both direct and indirect methods, same parameters were used for estimating the radiation by fixing the dosimeters in the front as well as at the back of apron. The doses were evaluated and the absorptions were calculated. The base for apron measurements, ten protective aprons with radiation permeability and various lead thicknesses, Turkish standards institution documents approved quality and durability were chosen. Aprons that were not used before were used as controls. The analyzed aprons were measured individually and the results were noted down (O Oyar and A Kislalioglu, 2012). The results have shown that lead is the material used for radiation protection. Among double-sided lead aprons, skirt-vest lead aprons and frontal protection lead aprons, the frontal protection apron is mostly used. Evaluating the cleanliness of the aprons, 23 were clean and the remaining were either little or too dirty. No significant association was observed between the apron destruction criteria and apron cleaning methods. Evaluating the overall condition of the apron, 45 aprons were in good condition and the remaining was either slightly or extremely worn out (O Oyar and A Kislalioglu, 2012). Highest radiation permeability was observed in extremely worn out aprons and in aprons that were in decent condition. The apron that was worn out very little is least permeable compared to the extremely worn out and those in good condition. Among 58 aprons, 26 were destroyed due to cracks, 14 due to tears and holes, and 18 due to tears. In all these aprons, radiation permeability was more than normal. No significant relationship was observed between radiation permeability and internal structural features of protective lead aprons or total number of apron users. Destruction criteria were significantly associated with apron models. Frontal protection lead apron model was destroyed most often (O Oyar and A Kislalioglu, 2012). The exposure dose was analyzed as 996.1 micro grays on average. For 0.25mm lead aprons, the exposure dose was 51.59 micro grays on average. For 0.5mm lead aprons, exposure dose was 9.891 micrograys on average. Among the indirect measurements, scattered radiation value measured at the distance of 50cm was 2.1 R/h. The indirect radiation measured for 0.25mm lead equivalent apron was evaluated as 1.85 micro grays and that for 0.5mm lead apron was evaluated as 1 microgray (O Oyar and A Kislalioglu, 2012). Some folds and sags were observed on the protective layers of the aprons. Significant radiation permeability difference was not observed between folded aprons and non-folded aprons. The protected dose was measured as 60.20+/-22.96 micro grays for unfolded 0.5mm lead equivalent aprons. The protected dose was 50.36+/- 22.96 micro grays for folded 0.5mm aprons, 50.36+/- 22.96 micro grays for 0.25mm lead equivalent aprons. For folded 0.25mm aprons, the dose was evaluated as 46+/-19.05 micrograys (O Oyar and A Kislalioglu, 2012). Discussion The aprons that were used for protecting against scattered ionizing radiation are made using lead embedded in rubber fabric, which is the mixture of lead-rubber or lead-vinyl. These aprons possess the thickness of 0.25mm to 0.5mm. They are costly and are of great importance when used and stored properly. It is an expert view that these aprons are not often preserved and taken care of, and they are folded carelessly, which could be reasons for them to lose protective ability. The research study first done in Turkey by Oyar and Kislalioglu in a quality certified hospital with a control standard and the measurements were taken for quantitative and qualitative radiation exposure values from the protective lead aprons (O Oyar and A Kislalioglu, 2012). It is estimated that 0.5mm thick lead aprons will be able to absorb higher than 90 percent of irradiation at the dose of 150kVp. The similar apron must be able to absorb higher than 99 percent of the irradiation dose at 70kVp (Radiation issue notes, 2008). In some of the studies on absorption ratio of protective aprons, research has revealed that either indirect or direct X-ray absorption ratio of aprons must be measured separately (Christodoulou EG, 2003; Muir S, 2005). Though the actual purpose of lead apron is to protect against indirect X-radiation, in the study done by Oyar and Kislalioglu, the results from direct radiation exposure measurements might be more beneficial in the evaluations due to wider spectrum width. Direct measurements were accepted to provide better results from the evaluations of ray absorption by the lead aprons. If lead aprons are not stored properly, they will lose the protecting quality and radiation protection ability is reduced for that apron gradually. The storage racks for lead aprons are available in various styles and configurations to fulfill the necessities of the medical facility (Universal medical, 2014). Medical professionals interested to wear lead aprons or other radiation protection instruments must have their protective garments checked well for any damages like rips and tears, cracks in the lead lining and sagging lead before their use. Proper lead apron storage will extend the apron life by preventing the lead lining damage and the external fabric damage. Lead aprons have to be hung by the apron hangers instead of folding them. Damages can result even if the apron storage is incorrect. Organizing the aprons properly will make the tracking process and the State or Joint commission inspection easier. Inspection of aprons will improve their organization (Universal medical, 2014). Usually, it is a common practice to place half apron at the back of the patient during the erect chest radiograph to protect the patient from radiation dose from tube leakage and room scatter. Most of the back scatter from the patient is a part of the internal scatter that might affect gonads and other tissues. Half apron will have least effect from patient dose and they make the patients to realize that precautions taken will protect them from unnecessary exposure (Lead garments (Felmlee JP et al., 1991). Use of lead shield is made mandatory for gonadal protection in most of the X-ray departments. If the gonads are present nearer the primary X-ray beam, gonadal shielding is very much necessary. Even if the X-ray field is not near the gonads, gonadal shield is given as the deterrent for the pediatric patients. According to the national recommendations associated with shielding of patients from radiation exposure during imaging, lead aprons were not significantly reducing radiation dose. Dental radiation policies indicate that implementing all the routine precautions will not demand the use of lead aprons on the patient. Later, lead aprons were considered as reducing the radiation dose, from several diagnostic X-ray procedures, to the reproductive organs. Radiation can cause germ cell mutations which might be carried to the next generations. Lead aprons have a precautionary role in reducing the radiation dose (Felmlee JP et al., 1991). The protective clothing worn by the radiographers consists of lead and other metals like tungsten, barium, tin and antimony. The clothing will help in shielding the personnel from radiation. The metals in the radiation protective clothing are equivalently mixed with polyvinyl chloride or synthetic rubber. Sheets of nylon fabric coated with urethane are placed against the side of lead impregnated rubber in between the two and five sheets of metal-impregnated rubber or PVC. These materials are cut as a pattern and sewn to create a protective garment. The manufacturers of these garments alter the sheet number, metal percentage, rubber or PVC grade and the metal mixture affecting the durability, weight, flexibility and radiation absorption efficiency (Felmlee JP et al., 1991). Normally, lead apron is not used for the patients undergoing medical procedures associated with radiation as the area of interest will not be protected. Lead aprons are mostly recommended for those who are exposed to the radiation by being in their occupation. If the apron is worn between the direct X-ray beam and the patient, then 90 percent of the rays are prevented from entering the patient’s body. Therefore, it is not practical for putting apron on the body part that is of interest to the physician (Felmlee JP et al., 1991). As per the standards put forward by the Joint Commission, healthcare organizations have to perform inspections on the medical instrumentation along with the lead aprons. Health department of State also should have a regulation for inspecting the lead aprons. Titanium is used as the shielding material in the titanium aprons. Other materials used in the aprons are barium and bismuth. The shielding properties of the material can be assessed by their mass coefficient and linear attenuation coefficient. Mass attenuation coefficient for the elements is found by physical reference data website of National institute of standards and technology (Felmlee JP et al., 1991). Conclusion As the X-ray imaging is being used continuously all through the world, this technology has created new challenges for occupational protection for the medical staff from radiation. In many of the X-ray procedures, it is necessary for the medical staff to stay closer to the patients, while performing the imaging. Therefore, there is potential for the staff to get exposed to the radiation and it has become extremely important for them to implement certain restrictions to prevent themselves from radiation exposure. Lead aprons decrease the radiation dose to the gonads from various diagnostic X-ray procedures. Radiation can cause mutations in the reproductive cells, which might be transferred to the future generations. Protective clothing worn by the radiographers consists of lead and other metals, like tungsten, barium, tin and antimony. These metals are mixed with polyvinylchloride to create a protective garment. The number of sheets, metal percentage, rubber grade and metal mixture in different ratios will show impact on the flexibility, durability, radiation absorption, weight and efficiency of the protection sheets. Lead aprons are highly effective in absorbing diagnostic X-rays to the body parts shielded by the apron. The effectiveness is energy dependent and averages to about 90 to 95 percent. Irrespective of whether the radiation personnel have worn the lead apron or not, the exposure allowed on the body is ruled by exposure limits. Apart from the lead aprons, mobile shielding is also helpful in protecting the body from radiation. References [1] Christodoulou EG, Goodsitt MM, Larson SC, Darner KL, Satti J, Chan HP. Evaluation of the  transmitted exposure through lead equiv aprons used in a radiology department, including the  contribution from backscatter. Med Phys 2003; 30:1033–1038. [2] Felmlee JP, McGough PF, Morin RL, Classic KL. Hand dose measurements in interventional  radiology. Health Phys 1991; 60(2):265-267. Retrieved from  http://hps.org/publicinformation/ate/faqs/leadgarmentsfaq.html# [3] John Le Heron, Renato Padovani, Ian Smith, Renate Czarwinski. Radiation Protection of  Medical Staff. European journal of Radiology. 2010; 76:20-23. [4] Kevin Jaquith. 5 reasons why you should use lead apron storage racks. Universal Medical.  2014. Retrieved from http://blog.universalmedicalinc.com/5-reasons-why-you-should-use- lead-apron-storage-racks/ [5] Lead Apron policy. Radiation protection guidance for hospital staff. Prepared for Stanford  hospital and Clinics, Lucile Packard children’s hospital and Veterans affairs Palo Alto Health  care system 2010. [6] Muir S, McLeod R, Dove R. Light-weight lead apronslight on weight, protection or  labelling accuracy? Australas Phys Eng Sci Med 2005; 28:128–130. [7] Orhan Oyar, Arzu Kislalioglu. How protective are the lead aprons we use against ionizing  radiation? Diagn Interv Radiol. 2012; 18:147-152. [8] Proper selection, care, quality control and disposal of lead aprons. Radiation issue notes  2008.

Custom Written Term Papers: The Role of Women in Othello

The Role of Women in Othello At the beginning of Othello two men stand and discuss the fate of a woman. One contested for her and lost and the other willingly admits to her beauty, charm and worth. Both men wish to bring down the man who has won her, Desdemona, and slander her name nonetheless. This man, their rival and superior is none other than Othello. Othello has managed to obtain something they could not; Desdemona. Throughout the play Desdemona is rarely viewed as a human being, she is merely a prize, and from the very beginning Desdemona is an object of lust. Emilia and Bianca are also mistreated in this way. The three women in the play; Desdemona, Emilia and Bianca contrast in class. Desdemona is born from a high-class Venetian family, Emilia is from a servant class and Bianca is a prostitute or "whore", a word that Desdemona refuses to use. Despite this they are all abused by men and are objects of men's sexuality, and they all suffer under the cruel hands of those whom they love. Each one is shown in relation to a particular man, (Othello, Iago and Cassio) and is contrasted with the other women, which reveal how the stereotypical version of womanhood impacts their lives, (in Desdemona and Emilia's case, their deaths). The three women's eventual destinies are interlinked with the plays central symbol: the handkerchief. Women are major characters in Shakespeare's plays.   In "Othello" women are ... ...e: Reflections Chiefly on the Tragedies. Lincoln, NB: University of Nebraska Press, 1993. Muir, Kenneth. Introduction. William Shakespeare: Othello. New York: Penguin Books, 1968. Neely, Carol. "Women and Men in Othello" Critical Essays on Shakespeare's Othello. Ed. Anthony G. Barthelemy Pub. Macmillan New York, NY 1994. (page 68-90) Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos. Wayne, Valerie. â€Å"Historical Differences: Misogyny and Othello.† The Matter of Difference: Materialist Feminist Criticism of Shakespeare. Ed Valerie Wayne. Ithaca, NY: Cornell University Press, 1991.

Mitsubishi Corporation Analysis

Capital structure in Japan has been noted to be more highly leveraged than comparative North American firms which brings to mind the question: how is it that Japanese firms have been able to take on such high levels of debt? The answer lies in the environment that Japanese firms have been operating in. More specifically, the levels of debt are likely to have been induced by the lack of alternative sources of finance because of the effect of government regulations, and the different ownership structure in Japanese firms (with institutional lenders being major equity holders). So, the higher leverage has been a consequence of the conditions that Japanese business face-with a more pronounced effect (due to relationships) in companies which are in corporate groups known as keiretsu. These conditions were characteristic of the past. As the benefits of debt are well known in finance theory (tax shields, signaling etc.), the lack of independence and efficiency in decision making borne by Japanese managers seem to be the costs. The result for some firms has been a reduction in debt levels to those more resembling U.S. companies. The questions now have become: What is the optimal debt level for a Japanese firm? Should firms still be taking advantage of the benefits of their keiretsu relationship that have allowed them to take on such levels of debt? Our analysis focuses on Mitsubishi Corporation, a core conglomerate that is part of the larger Mitsubishi Group keiretsu having the capital structure characteristics mentioned above. The report will first explore the circumstances that may have induced Mitsubishi to its present capital structure, then look at more recent events and trends that may affect future financing decisions, and conclude with the Mitsubishi capital structure/optimum debt level analysis. Japanese corporations have outpaced rival firms in the US and Europe in terms of capital investment throughout the 1970†³s and into the 1980†³s. One of the main reasons behind the high level of investment is the better access to capital that Japanese firms have compared to their western counterparts-the result is that Japanese firms seem to have more debt than their U.S. counterparts. A common motive for taking on more debt is for the tax advantages, but there is little to suggest that there is much difference in the taxation systems between the two countries to support such a reason . The most likely factor for this trend in Japan has been the result of the close relationships that Japanese firms have with each other in a keiretsu. In Japan the majority of companies are formed into enterprise groups called keiretsu (which translates as â€Å"series† or â€Å"group†. The basic features of a keiretsu are as follows: cross-share holding agreements, interlocking directorates, intra-group financing, joint investing, and a consistent pattern of dealing among group members. The largest of the keiretsu are Mitsubishi, Mitsui, Sumitomo, Fuji, Daiichi Kangyo, and Sanwa (the latter three are centered around Japan†s largest commercial banks. Together, these six corporate groups account for a quarter of total Japanese business assets. Prior to the Second World War, several large monopolistic companies dominated Japanese industry. They were known as zaibatsu – the dominant four were Mitsubishi, Mitsui, Sumitomo and Yasuda. During the post-war Occupation the holding companies of the zaibatsu that controlled member firms were dissolved. Many firms subsequently regrouped to create the keiretsu we see today. Types of keiretsu: Vertical and Horizontal Vertical keiretsu are arranged hierarchically along production and distribution lines and organized under a principal manufacturer. The benefits of this network include increased efficiency and customer service, decreased distribution costs, simplified marketing channels, rationalized inventory controls and the facilitation of effective information sharing between members. Also, the principal manufacturers receive the benefit of being in a dominant position, which creates a high degree of bargaining power. Horizontal keiretsu are large groups of Japanese companies in a wide range of industries, organized around a commercial bank. Direct competition is avoided between member firms by only having one company in any line of business. The success of this type of keiretsu is attributed to their cross- shareholding and the availability of bank loans to their members. This is supplemented with personnel exchanges and consensus decision making between member firms. Being in a horizontal keiretsu also means that a stable core of long-term shareholders is in place for a company. For our purposes we will be focusing on the capital structure and other features of firms in a horizontal keiretsu. The economic environment that Japanese firms operated in favored highly leveraged capital structures. The following are some of the factors, besides belonging to a keiretsu, that have had an effect on a Japanese firm†s capital structure. The reluctance of Japanese managers to raise equity capital stems from the operations of the Japanese stock markets. Firstly, the Tokyo Stock Exchange is less stringent on disclosure requirements as compared to the NYSE, for example, which causes sharp asymmetric information differences between corporate insiders and the market. The result of this asymmetry is a severe underpricing of new share offerings and a reluctance to issue on management†s part. Firms, therefore, had a preference for bank debt which was less likely to suffer from such pricing effects. Secondly, equity has been an expensive form of finance in the past. The notion of issuing shares at market value is a recent phenomenon whereas traditionally firms issued equity at a historical par value of 50 yen with a fixed dividend. Investors typically demanded a 20 to 30 percent annual dividend on the par value (in essence the instrument was a preferred share), which were paid out of after-tax cash flows. Loans on the other hand were easily obtained through an affiliated bank at reasonable interest rates, and provided a tax shield through the deductible interest payments. Government Regulations and the Bond Market Table 1 shows how the domestic bond market in Japan began to open up during the 1980†³s. Until that time, strict bond issuing criteria that applied internationally kept most firms out of the domestic and foreign bond markets. Government regulations worked against issuing corporate bonds. The government saw corporate bonds as a competitive threat to the its own bonds since interest rates would have to be raised in order for the government†s bonds to compete with those of the top corporations. It wasn†t until 1985 that unsecured straight-debt corporate bonds were even issued. These conditions meant that firms had a reliance on their bank for debt financing; and as a result of their close relationships to banks, had a lower cost of capital and the ability to invest more than those who did not. Structure of Corporate Ownership in Japan The structure of corporate ownership in Japan is quite different compared to their counterparts in the West, with ownership being highly concentrated in Japan. Japanese laws allow institutional investors to exert more control over firms and their management inducing them to seek higher levels of share ownership. Indeed, there is a striking difference between Japanese and US corporate ownership. Ownership by financial institutions (particularly commercial banks) is far greater in Japan than in the US. Japanese commercial banks and insurance companies hold approximately two to three times the number of outstanding shares of public firms than their US counterparts do. On top of being a predominant shareholder, financial institutions play the simultaneous roles of also being the largest creditors of the firms as well being an important long-term commercial business partner. For example, it has been shown that out of 344 manufacturing corporations, financial institutions own 34.48% of the common equity and individuals own 29.53% . Therefore, many Japanese firms have access to more debt since financial institutions have highly concentrated ownership in firms. Ownership concentration does not differ significantly between keiretsu and independent Japanese firms . With high ownership concentration and cross-share holding by banks, suppliers and customers, keiretsu firms are better able to monitor decisions of firms within the group and direct management†s actions to benefit the whole and to act as a collective rather than just being contractual business partners. During the high growth era, the government of Japan†s Ministry of Finance directed investment to high growth industries. To ensure that investment capital was available to firms in these industries, implicit guarantees on the liabilities of financial and non-financial corporations were given to lenders. The provision of a safety net for the loans made the banks eager to lend money to finance rapid expansion in these industries, and the corporations willing to borrow it. Banks were also threatened by market bonds since they posed direct conflict to their business in two ways. First, there was a fear that interest rates on bank deposits would have to be raised from their artificially low rates to keep funds from migrating to other investment instruments. Second, banks did not want to lose their traditional customers for loans to the capital market. Because of their presence in the management and the board of directors in firms within the keiretsu structure, they were able to effectively keep these companies financing their operations with loans. This was relatively easy since most firms could not issue bonds anyhow until recently. The keiretsu system helped to reduce many of the direct and indirect costs faced by Western firms, which may have allowed firms to raise their debt levels. A major benefit arising from keiretsu affiliation is the reduction in costs of financial distress for member firms thus allowing them to take on a higher debt to equity ratio than otherwise possible. This is mainly attributed to keiretsu banking relationships and the consequent high levels of share ownership by financial institutions. Since a Japanese keiretsu is primarily financed by its main bank, to which a firm has close ties to, the extent of financial distress is greatly reduced. Hypothetically, when a firm within a keiretsu is entering financial distress, its main bank will coordinate rescue efforts by arranging loans from other banks as well as itself. In extreme cases, the bank will even find a company within the same keiretsu to merge with the distressed firm. In the event of a bankruptcy, the main bank will bail out the keiretsu firm by absorbing all losses by taking a subordinated position to other debt holders, eliminating the need for squabbling between the other claimants. The other features of the keiretsu, namely cross-ownership of shares and intra-group financing, also decrease the cost of financial distress. Since all firms within a keiretsu have some sort of stake in the distressed firm, it is in their best interest to try to keep that firm in operation . Aid from companies in the keiretsu can come in the form of stretched receivables, favorable transfer pricing and direct management incentives. To decrease the probability of bankruptcy and to increase the likelihood of recovery by a financially distressed firm, it would be ideal to expand, invest, and allow their organizations to grow. This is consistent among keiretsu firms since in times of financial distress, they tend to invest 46 percent more compared to non-keiretsu firms . Firms in financial distress generally have problems in raising capital, which may be in part due to a free rider problem. Firms with diffuse groups of creditors are faced with this problem because individual debt holders would not be willing to refinance the firm or renegotiate debt claims even though it would be in their collective best interests to do so. This problem is absent however, when a keiretsu firm is primarily financed with bank loans from a single creditor. Free rider problems are less severe or eliminated in keiretsu organizations. In addition, keiretsu firms tend to stay out of Japanese bankruptcy courts. Since financially distressed keiretsu firms are bailed out internally, the direct costs of bankruptcy such as legal and advisory fees, are vastly reduced. American firms on the other hand see the majority of disputes, arising from financial distress, ending up in bankruptcy courts. This problem in the US corporate system can be partially attributed to the wide use of bond financing. A multitude of bondholder claims are more difficult to restructure than a single bank loan and US bankruptcy legislation prevents companies from changing the principal, interest, and maturity without unanimous consent from bondholders. Therefore, keiretsu firms do not incur these large costs of financial distress, which can reach up to five percent of firm value, incurred by their US counterparts. In the end, the lower costs of financial distress is another reason why Japanese firms can take on more debt and thus lower their costs of capital even more with increased utilization of their tax shields. A financial keiretsu, through its network of corporate cross-shareholdings and strong relationship with a main bank, serves as an effective system for monitoring the actions of a member firm. Member firms are in unique positions to serve as mutual monitors because the success of a single firm is in the best interests of the entire keiretsu. As keiretsu firms typically have seats on other member firm†s board of directors, they can make sure that the actions of management are in accord with the interests of the entire group. The main bank acts as the primary lender and as a major shareholder, also tends to have its own executives sit on the board. This dual role ensures that the banks will be looking out for the interests of both bond and equity holders of the firm. The costs of monitoring are not as high as they are in the US system for any one party since the ownership is not as diluted. Hence, each member has a signficant interest in monitoring the firm†s activities and the free rider problem is alleviated. This system of corporate governance effectively makes sure that management pursues long run value creation. Agency costs are reduced in a keiretsu because of the unique relationships within the group. Shareholders cannot participate in moral hazard activities such as transferring risk to debt holders or transferring wealth from them by encouraging management to take on negative NPV projects. Both the higher level of debt and the structure of ownership, i.e. the bank being a creditor-owner and the high proportion of shares being cross-held within a keiretsu, serve the purpose of keeping managerial interests in accord with the group. The lower agency costs also results from the fact that most of the debt is short-term and secured.