Tag: Interference

  • Network Interference: A Legal Guide

    Social media is a revolution in the way in which corporations communicate with consumers. This White Paper will help you to maximize the huge potential benefits of this revolution and protect against the inherent legal risks surrounding this phenomenon. In this document, you will find practical, action-oriented guidelines as to the state of law in the following areas: Advertising & Marketing; Commercial Litigation; Data Privacy & Security; Employment Practices; Government Contracts & Investigations;
    Insurance Recovery; Litigation, Evidence & Privilege; Product Liability; Securities; and Trademarks.

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    http://www.associationofmarketing.org/whitepapers/view.php?whitepaper_id=78

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  • Glossary of Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

    Glossary of Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

    GLOSSARY

    AGAMIC. Unmarried; unmarriageable, sometimes non-sexed.

    AGENIC. Lacking in reproductive power; sterile.

    AMPHIMIXIS. That form of reproduction which involves the mingling of substance from two individuals so as to effect a mixture of hereditary characteristics. It includes the phenomena of conjugation and fertilization among both unicellular and multicellular organisms.

    ANABOLISM. See METABOLISM.

    ANAMNESIC. Pertaining to or aiding recollection.

    ANEMIC. Deficient in blood; bloodless.

    ANTHROPOMORPHISM. The attributing of human characteristics to natural, supernatural, or divine beings.

    ANTHROPOMETRY. Science of measurement of the human body.

    ARTIFACT. Any artificial product.

    APHASIA. Impairment or lose of the ability to understand or use speech.

    ASSOCIATIONISM. The psychological theory which regards the laws of association as the fundamental laws of mental action and development.

    ATAVISTIC. Pertaining to reversion through the influence of heredity to remote ancestral characteristics.

    ATAXIC. Pertaining to inability to coördinate voluntary movements; irregular.

    CALAMO-PAPYRUS. Reed papyrus or pen-paper.

    CATABOLISM. See METABOLISM.

    CATHARSIS. Purgation or cleansing. Aristotle’s esthetic theory that little renders immune for much.

    CEREBRATION. Brain action, conscious or unconscious.

    CHOREA. St. Vitus’s dance; a nervous disease marked by irregular and involuntary movements of the limbs and face.

    CHRESTOMATHY. A collection of extracts and choice pieces.

    CHRISTENTHUM. The Christian belief; the spirit of Christianity.

    COMMANDO EXERCISES. Gymnastic exercises whose order is dependent upon the spoken command of the director.

    CORTEX. The gray matter of the brain, mostly on its surface.

    CORTICAL. Pertaining to the cortex.

    CRANIOMETRY. The measurement of skulls.

    CRYPTOGAMOUS. Having an obscure mode of fertilization; or, of plants that do not blossom.

    CULTUS. A system of religious belief and worship.

    DEUTSCHENTHUM. The spirit of the German people.

    DIATHESIS. A constitutional predisposition.

    EPHEBIC. Pertaining to the Greek system of instruction given to young men to fit them for citizenship; adolescent.

    EPIGONI. Successors; followers who only follow.

    EPISTEMOLOGY. The theory of knowledge; that branch of logic which undertakes to explain how knowledge is possible and to define its limitations, meaning, and worth.

    EUPEPTIC. Having good digestion.

    EUPHORIA. The sense of well-being; of fullness of life.

    EVIRATION. Emasculation; loss of manly characteristics.

    FERAL. Wild by nature; untamed; undomesticated.

    FORMICARY. An artificial ants’ nest.

    GEMÜTH. Disposition; the entire affective soul and its habitual state.

    HEBETUDE. Dullness; stupidity.

    HEDONISTIC. Relating to hedonism, that form of Greek philosophy which taught that pleasure is the chief end of existence.

    HETAERA. A Greek courtesan. This class was often highly trained in music and social art, and represented the highest grade of culture among Greek women.

    HETEROGENY. (1) The spontaneous generation of animals and vegetables, low in the scale of organization, from inorganic elements. (2) That kind of generation in which the parent, whether plant or animal, produces offspring differing in structure or habit from itself, but in which after one or more generations the original form reappears.

    HETERONOMOUS. Having a different name.

    HOROLOGY. The science of measuring time and of constructing instruments for that purpose.

    HYGEIA. The Greek goddess of health; health.

    HYPERMETHODIC. Methodic to excess; overmethodic.

    HYPERTROPHY. Excessive growth.

    INDISCERPTIBLE. Incapable of being destroyed by separation of parts.

    INHIBITION. Interference with the normal result of a nervous excitement by an opposing force.

    IRRADIATION. The diffusion of nervous stimuli out of the path of normal discharge which, as a result of the excitation of a peripheral end organ may excite other central organs than those directly connected with it.

    KINESOLOGICAL. Pertaining to the science of tests and measurements of bodily strength.

    KINESOMETER. An instrument for measuring muscular strength.

    MEDULLATION. The investment of nerve fibers with a protective covering or medullary sheath, consisting of white, fat-like matter.

    MERISTIC. Pertaining to the levels or spinal and cerebral segments of the body.

    METABOLISM. The act or process by which, on the one hand, dead food is built up into living matter—anabolism, and by which, on the other, the living matter is broken down into simpler products within a cell or organism—catabolism.

    METAMORPHOSIS. Change of form or structure; transformation.

    METEMPSYCHOSIS. The doctrine of the transmigration of the soul from one body to another.

    MONOPHRASTIC. Pertaining to or consisting of a single phrase.

    MONOTECHNIC. Pertaining to a single art or craft.

    MORPHOLOGY. The science of form and structure of plants and animals without regard to function.

    MYOLOGY. The scientific knowledge of the muscular system.

    MYTHOPOEIC. Producing or having a tendency to produce myths.

    NOETIC. Of, pertaining to, or conceived by, mind.

    NUANCE. Slight shade; difference; distinction; degree.

    ORTHOGENIC. Pertaining to right beginning and development.

    ORTHOPEDIC. Relating to the art of curing deformities.

    OSSUARY. A depository of dry bones.

    PALEOPSYCHIC. Pertaining to the antiquity of the soul.

    PANTHEISTIC. Relating to that doctrine which holds that the entire phenomenal universe, including man and nature, is the ever-changing manifestation of God, who rises to self-consciousness and personality only in man.

    PATRISTICS. That department of study occupied with the doctrines and writings of the fathers of the Christian Church.

    PHOBIA. Excessive or morbid fear of anything.

    PHYLETICALLY. In accordance with the phylum or race; racially.

    PHYLETIC. Pertaining to a race or clan.

    PHYLOGENY. The history of the evolution of a species or group; tribal history; ancestral development as opposed to ontogeny or the development of the individual.

    PHYLUM. A term introduced by Haeckel to designate the great branches of the animal and vegetable kingdoms. Each phylum may include several classes.

    PICKELHAUBE. The spiked helmet of the German army.

    PLANKTON. Sea animals and plants collectively; distinguished from coast or bottom forms and floating in a great mass.

    POLYGAMIC (LOVE). Pertaining to the habit of having more than one mate of the opposite sex.

    POLYPHRASTIC. Having many phrases; pertaining to rambling, incoherent speech.

    POST-SIMIAN. Pertaining to an age later than that in which simian or monkey-like forms prevailed.

    PRENUBILE. Pertaining to the age before sexual maturity or marriageability is reached.

    PRIE DIEU. A praying desk.

    PROPEDEUTIC. Preliminary; introductory.

    PROPHYLACTIC. Any medicine or measure efficacious in preventing disease.

    PSEUDOPHOBIAC. Pertaining to a morbid condition in which the subject is continually in fear of having said something not strictly true.

    PSYCHOGENESIS. The origin and development of soul.

    PSYCHONOMIC. Pertaining to the laws of mind.

    PSYCHOSIS. Mental constitution or condition; any change in consciousness, especially if abnormal.

    PUBERTY. The age of sexual maturity.

    PUBESCENT. Relating to the dawning of puberty.

    PYGMOID. Of pygmy size and form.

    RABULIST. A chronic wrangler; one who argues about everything.

    SCHEMA. A synopsis; a summary. In the Kantian sense, a general type.

    SCHEMATISM. An outline of any systematic arrangement; an outline.

    SUPERFOETATION. A second conception some time after a prior one, by which two foetuses of different age exist together in the same female. Often used figuratively.

    TEMIBILITY. (From Italian temibile, to be feared.) The principle of adjustment of penalty to crime in just that degree necessary to prevent a repetition of the criminal act.

    TIC. A nervous affection of the muscles; a twitching.

    TRANSCENDENTAL. In the Kantian system having an a priori character, transcending experience, presupposed in and necessary to experience.

    TRAUMATA. Wounds.

    TRAUMATISM. A wound; any morbid condition produced by wounds or other external violence.

    VERBIGERATION. The continual utterance of certain words or phrases at short intervals, without reference to their meaning, as seen in insane Gedankenflucht or rapid flight of thought.

    Extract from Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

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  • Women in the New Age

    Women in the New Age

    42. The Transvaluation of Values

    The gradual emancipation of ladies that has been happening for the final century has nonetheless a protracted technique to proceed earlier than they’re wholly delivered from their conventional burdens and so stand away from the oppressions of males. But already, it should be plain, they’ve made monumental progress—maybe greater than they made within the ten thousand years previous. The rise of the commercial system, which has borne so harshly upon the race normally, has introduced them sure unmistakable advantages. Their financial dependence, although nonetheless adequate to make marriage extremely enticing to them, is nonetheless thus far damaged down that giant lessons of ladies are actually virtually free brokers, and fairly impartial of the favour of males. Most of those girls, responding to concepts which can be nonetheless highly effective, are but intrigued, after all, by marriage, and like it to the autonomy that’s coming in, however the truth stays that they now have a free alternative within the matter, and that dire necessity now not controls them. After all, they needn’t marry if they do not need to; it’s doable to get their bread by their very own labour within the workshops of the world. Their grandmothers had been in a much more troublesome place. Failing marriage, they not solely suffered a merciless ignominy, however in lots of instances confronted the menace of precise hunger. There was merely no respectable place within the economic system of these occasions for the free girl. She both needed to enter a nunnery or settle for a disdainful patronage that was as galling as charity.

    Nothing might be plainer than the impact that the rising financial safety of ladies is having upon their entire behavior of life and thoughts. The diminishing marriage fee and the much more quickly diminishing delivery charges present which manner the wind is blowing. It is frequent for male statisticians, with attribute imbecility, to ascribe the autumn within the marriage fee to a rising disinclination on the male aspect. This rising disinclination is definitely on the feminine aspect. Even although no appreciable physique of ladies has but reached the particular doctrine that marriage is much less fascinating than freedom, it should be plain that giant numbers of them now method the enterprise with far better fastidiousness than their grandmothers and even their moms exhibited. They are tougher to please, and therefore happy much less usually. The girl of a century in the past may think about nothing extra beneficial to her than marriage; even marriage with a fifth fee man was higher than no marriage in any respect. This notion is progressively feeling the opposition of a opposite notion. Women normally should desire marriage to work, however there may be an rising minority which begins to understand that work could supply the better contentment, notably if it’s mellowed by a certain quantity of philandering.

    There already seems on the planet, certainly, a category of ladies, who, whereas nonetheless not genuinely averse to marriage, are but free from any idea that it’s needed, and even invariably fascinating. Among these girls are an excellent many considerably vociferous propagandists, virtually male of their violent earnestness; they vary from the man-eating suffragettes to such preachers of free motherhood as Ellen Key and such skilled shockers of the bourgeoisie because the American prophetess of birth-control, Margaret Sanger. But amongst them are many extra who wake the world with no such noisy eloquence, however content material themselves with finishing up their concepts in a quiet and respectable method. The variety of such girls is way bigger than is usually imagined, and that quantity tends to extend steadily. They are girls who, with their financial independence assured, both by inheritance or by their very own efforts, mainly within the arts and professions, do precisely as they please, and make no pother about it. Naturally sufficient, their superiority to conference and the frequent frenzy makes them extraordinarily enticing to the higher form of males, and so it isn’t unusual for certainly one of them to seek out herself voluntarily sought in marriage, with none preliminary scheming by herself—certainly an expertise that only a few odd girls ever get pleasure from, save maybe in desires or delirium.

    The previous order changeth and giveth place to the brand new. Among the ladies’s golf equipment and within the girls’s faculties, I’ve little doubt, there may be nonetheless a lot debate of the previous and foolish query: Are platonic relations doable between the sexes? In different phrases, is friendship doable with out intercourse? Many a girl of the brand new order dismisses the issue with one other query: Why with out intercourse? With the decay of the traditional idea of ladies as property there should come inevitably a reconsideration of the entire intercourse query, and out of that reconsideration there should come a revision of the mediaeval penalties which now punish the slightest frivolity within the feminine. The notion that honour in girls is completely a bodily matter, {that a} single aberrance could convert a girl of the best deserves into a girl of none in any respect, that the only real invaluable factor a girl can convey to marriage is virginity—this notion is so preposterous that no clever particular person, male or feminine, truly cherishes it. It survives as one of many hole conventions of Christianity; nay, of the levantine barbarism that preceded Christianity. As girls throw off the opposite conventions which now bind them they are going to throw off this one, too, and so their advantage, grounded upon fastidiousness and self-respect as an alternative of upon mere concern and conformity, will grow to be afar extra laudable factor than it ever may be below the current system. And for its absence, in the event that they see match to get rid of it, they are going to no extra apologize than a person apologizes immediately.

    43. The Lady of Joy

    Even prostitution, in the long term, could grow to be a roughly respectable occupation, because it was within the nice days of the Greeks. That high quality will certainly connect to it if ever it grows fairly pointless; no matter is pointless is at all times respectable, for instance, faith, modern clothes, and a information of Latin grammar. The prostitute is disesteemed immediately, not as a result of her commerce entails something intrinsically degrading and even unpleasant, however as a result of she is presently assumed to have been pushed into it by dire necessity, towards her dignity and inclination. That this assumption is normally unsound is not any objection to it; practically all of the pondering of the world, notably within the area of morals, is predicated upon unsound assumption, e.g., that God observes the autumn of a sparrow and is shocked by the autumn of a Sunday-school superintendent. The fact is that prostitution is without doubt one of the most tasty of the occupations virtually open to the form of girls who have interaction in it, and that the prostitute generally likes her work, and wouldn’t trade locations with a shop-girl or a waitress for something on the planet. The notion on the contrary is propagated by unsuccessful prostitutes who fall into the fingers {of professional} reformers, and who assent to the imbecile theories of the latter as a way to domesticate their good will, simply as convicts in jail, questioned by tee-totalers, at all times ascribe their rascality to alcohol. No prostitute of something resembling regular intelligence is below the slightest duress; she is completely free to desert her commerce and go into a store or manufacturing facility or into home service each time the impulse strikes her; all of the prevailing gabble about white slave jails and kidnappers comes from pious rogues who make a dwelling by feeding such nonsense to the credulous. So lengthy as the common prostitute is ready to make an excellent dwelling, she is sort of content material together with her lot, and disposed to distinction it egotistically with the slavery of her virtuous sisters. If she complains of it, then you might ensure that her success is under her expectations. A ravenous lawyer at all times sees injustice, within the courts. A nasty doctor is a bitter critic of Ehrlich and Pasteur. And when a suburban clergyman is pressured out of his treatment by a vestry-room revolution he virtually invariably concludes that the sinfulness of man is incurable, and typically he even begins to doubt among the typographical errors in Holy Writ.

    The excessive worth set upon virginity by males, whose esteem of it’s primarily based upon a mix of vainness and voluptuousness, causes many ladies to protect it in their very own individuals with a jealousy far past their non-public inclinations and pursuits. It is their idea that the lack of it could materially impair their probabilities of marriage. This idea isn’t supported by the information. The fact is that the girl who sacrifices her chastity, all the pieces else being equal, stands a significantly better probability of creating a creditable marriage than the girl who stays chaste. This is very true of ladies of the decrease financial lessons. At as soon as they arrive into contact, hitherto socially troublesome and typically virtually unimaginable, with males of upper lessons, and start to tackle, with the curious facility of their intercourse, the refinements and tastes and factors of view of these lessons. The mistress thus gathers allure, and what has begun as a sordid sale of amiability not uncommonly ends with formal marriage. The variety of such marriages is enormously better than seems superficially, for each events clearly make each effort to hide the information. Within the circle of my essentially restricted private acquaintance I do know of scores of males, a few of them of wealth and place, who’ve made such marriages, and who don’t appear to remorse it. It is an previous commentary, certainly, {that a} girl who has beforehand disposed of her advantage makes an excellent spouse. The frequent idea is that it’s because she is grateful to her husband for rescuing her from social outlawry; the reality is that she makes an excellent spouse as a result of she is a shrewd girl, and has specialised professionally in masculine weak spot, and is thus extra-competent on the conventional enterprise of her intercourse. Such a girl usually reveals a really magnificent sagacity. It could be very troublesome to deceive her logically, and it’s unimaginable to disarm her emotionally. Her revolt towards the pruderies and sentimentalities of the world was proof, to start with, of her mental enterprise and braveness, and her success as a insurgent is proof of her extraordinary pertinacity, resourcefulness and acumen.

    Even probably the most lowly prostitute is healthier off, in all worldly methods, than the virtuous girl of her personal station in life. She has much less work to do, it’s much less monotonous and dispiriting, she meets a far better number of males, and they’re of lessons distinctly past her personal. Nor is her occupation hazardous and her final destiny tragic. A dozen or extra years in the past I noticed a considerably amusing proof of this final. At that point sure sentimental busybodies of the American metropolis during which I lived undertook an elaborate inquiry into prostitution therein, and a few of them got here to me prematurely, as a sensible journalist, for recommendation as to the way to proceed. I discovered that each one of them shared the frequent superstition that the skilled lifetime of the common prostitute is simply 5 years lengthy, and that she invariably ends within the gutter. They had been enormously amazed after they unearthed the reality. This fact was to the impact that the common prostitute of that city ended her profession, not within the morgue however on the altar of God, and that those that remained single usually continued in follow for ten, fifteen and even twenty years, after which retired on competences. It was established, certainly, that absolutely eighty per cent married, and that they virtually at all times obtained husbands who would have been far past their attain had they remained virtuous. For one who married a cabman or petty pugilist there have been a dozen who married respectable mechanics, policemen, small shopkeepers and minor officers, and a minimum of two or three who married well-to-do tradesmen {and professional} males. Among the 1000’s whose careers had been studied there was truly one who ended because the spouse of the city’s richest banker—that’s, one who bagged the perfect catch in the entire group. This girl had begun as a home servant, and deserted that harsh and dreary life to enter a brothel. Her experiences there polished and civilized her, and in her previous age she was a grande dame of nice dignity. Much of the sympathy wasted upon girls of the traditional occupation is grounded upon an error as to their very own angle towards it. An educated girl, listening to {that a} frail sister in a public stew is anticipated to be amiable to all kinds of bounders, thinks of how she would shrink from such contacts, and so concludes that the precise prostitute suffers acutely. What she overlooks is that these males, nonetheless gross and repulsive they could seem to her, are measurably superior to males of the prostitute’s personal class—say her father and brothers—and that communion with them, removed from being disgusting, is usually relatively romantic. I effectively keep in mind observing, throughout my collaboration with the vice-crusaders aforesaid, the delight of a girl of pleasure who had attracted the discover of a police lieutenant; she was intensely happy by the concept of getting a consumer of such haughty manners, such sensible costume, and what appeared to her to be so dignified a occupation. It is at all times forgotten that this weak spot isn’t confined to prostitutes, however run by the entire feminine intercourse. The girl who couldn’t think about a bootleg affair with a rich cleaning soap producer and even with a lawyer finds it fairly simple to think about herself succumbing to an envoy or a duke. There are only a few exceptions to this rule. In probably the most reserved of recent societies the ladies who characterize their highest flower are notoriously complaisant to royalty. And royal girls, to finish the circuit, not sometimes yield to actors and musicians, i.e., to males radiating a glamour not encountered even in princes.

    44. The Future of Marriage

    The transvaluation of values that’s now in progress will go on slowly and for a really lengthy whereas. That it’s going to ever be fairly full is, after all, unimaginable. There are inherent variations will proceed to point out themselves till the top of time. As girl progressively turns into satisfied, not solely of the potential for financial independence, but in addition of its worth, she’s going to in all probability lose her current overmastering need for marriage, and tackle herself to assembly males in free financial competitors. That is to say, she’s going to tackle herself to buying that sensible competence, that prime expertise for puerile and mainly mechanical expertness, which now units man forward of her within the labour market of the world. To do that she must sacrifice a few of her current intelligence; it’s unimaginable to think about a genuinely clever human being turning into a reliable trial lawyer, or buttonhole employee, or newspaper sub-editor, or piano tuner, or home painter. Women, to get upon all fours with males in such silly occupations, must commit non secular suicide, which might be a lot additional than they are going to ever truly go. Thus a shade of their current superiority to males will at all times stay, and with it a shade of their relative inefficiency, and so marriage will stay enticing to them, or in any respect occasions to most of them, and its overthrow might be prevented. To abolish it completely, as sure fevered reformers suggest, can be as troublesome as to abolish the precession of the equinoxes.

    At the current time girls vacillate considerably absurdly between two schemes of life, the previous and the brand new. On the one hand, their financial independence continues to be stuffed with circumstances, and however they’re in revolt towards the immemorial conventions. The result’s a normal unrest, with many signs of extravagant and unintelligent revolt. One of these signs is the looks of mental striving in girls—not a striving, alas, towards the real pearls and rubies of the thoughts, however one merely towards the acquirement of the rubber stamps that males make use of of their so-called pondering. Thus we’ve girls who launch themselves into get together politics, and fill their heads with an enormous mass of ineffective information about political methods, customs, theories and personalities. Thus, too, we’ve the girl social reformer, trailing alongside ridiculously behind a tatterdemalion posse of male utopians, every with one thing to promote. And thus we’ve the girl who goes in for superior knowledge of the kind on draught in girls’s golf equipment—in short, the form of knowledge which consists completely of a physique of beliefs and propositions which can be ignorant, unimportant and unfaithful. Such banal striving is most prodigally on show within the United States, the place superficiality quantities to a nationwide illness. Its reputation is because of the comparatively better leisure of the American individuals, who work lower than another individuals on the planet, and, above all, to the comparatively better leisure of American girls. Thousands of them have been emancipated from any compulsion to productive labour with out having acquired any compensatory mental or creative curiosity or social obligation. The result’s that they swarm within the girls’s golf equipment, and waste their time, listening to dangerous poetry, worse music, and nonetheless worse lectures on Maeterlinck, Balkan politics and the unconscious. It is amongst such girls that one observes the periodic rages for Bergsonism, the Montessori methodology, the twilight sleep and different such follies, so pathetically attribute of American tradition.

    One of the evil results of this tendency I’ve hitherto descanted upon, to wit, the rising disposition of American girls to treat all routine labour, notably within the residence, as infra dignitatem and therefore insupportable. Out of that notion come up many lamentable phenomena. On the one hand, we’ve the spectacle of a large number of wholesome and well-fed girls engaged in public actions that, 9 occasions out of ten, are meaningless, mischievous and a nuisance, and however we behold such a decay within the home arts that, on the first onslaught of the late conflict, the nationwide authorities needed to import a overseas professional to show the housewives of the nation the veriest components of thrift. No such instruction was wanted by the housewives of the Continent. They had been merely informed how a lot meals they may have, and their pure competence did the remainder. There is rarely any avoidable waste there, both in peace or in conflict. A French housewife has little use for a rubbish can, save as a depository for uplifting literature. She does her finest with the means at her disposal, not solely in conflict time however always.

    As I’ve stated over and over on this inquiry, a girl’s disinclination to accumulate the intricate expertness that lies on the backside of fine housekeeping is due primarily to her lively intelligence; it’s troublesome for her to pay attention her thoughts upon such silly and meticulous enterprises. But whether or not troublesome or simple, it’s clearly vital for the common girl to make some effort in that course, for if she fails to take action there may be chaos. That chaos is duly seen within the United States. Here girls reveal certainly one of their subterranean qualities: their deficiency in conscientiousness. They are fairly with out that dog-like constancy to obligation which is without doubt one of the shining marks of males. They by no means summon up a excessive pleasure in doing what’s inherently unpleasant; they at all times go to the galleys below protest, and with vows of sabotage; their basic philosophy is nearly that of the syndicalists. The sentimentality of males connives at this, and is thus largely accountable for it. Before the common puella, apprenticed within the kitchen, can choose up a fourth of the culinary subtleties which can be commonplace even to the cooks on eating vehicles, she has caught a person and want concern herself about them no extra, for he has to eat, within the final evaluation, no matter she units earlier than him, and his lack of intelligence makes it simple for her to close off his tutorial criticisms by bald appeals to his feelings. By a straightforward course of he lastly attaches a optimistic worth to her indolence. It is a proof, he concludes, of her fineness of soul. In the presence of her lofty incompetence he’s abashed.

    But as girls, gaining financial autonomy, meet males in progressively bitterer competitors, the rising masculine mistrust and concern of them might be mirrored even within the enchanted area of marriage, and the husband, having yielded up most of his previous rights, will start to disclose a brand new jealousy of those who stay, and notably of the fitting to a good quid professional quo for his personal docile trade. In transient, as girls shake off their historic disabilities they will even shake off a few of their historic immunities, and their doings will come to be regarded with a soberer and extra exigent scrutiny than now prevails. The extension of the suffrage, I consider, will encourage this awakening; in wresting it from the reluctant male the ladies of the western world have planted dragons’ tooth, the which can presently leap up and gnaw them. Now that girls have the political energy to acquire their simply rights, they are going to start to lose their previous energy to acquire particular privileges by sentimental appeals. Men, going through them squarely, will think about them anew, not as romantic political and social invalids, to be coddled and caressed, however as free opponents in a harsh world. When that reconsideration will get below manner there might be a normal overhauling of the relations between the sexes, and among the truthful ones, I believe, will start to marvel why they did not let effectively sufficient alone.

    45. Effects of the War

    The current sequence of wars, it appears seemingly, will proceed for twenty or thirty years, and maybe longer. That the primary conflict was inconclusive was proven brilliantly by the preposterous nature of the peace lastly reached—a peace so synthetic and dishonest that the signing of it was virtually equal to a brand new declaration of conflict. At least three new contests within the grand method are plainly perception—one between Germany and France to rectify the unnatural tyranny of a weak and incompetent nation over a powerful and enterprising nation, one between Japan and the United States for the mastery of the Pacific, and one between England and the United States for the management of the ocean. To these should be added numerous minor struggles, and maybe one or two of just about main character: the trouble of Russia to regain her previous unity and energy, the trouble of the Turks to place down the slave rise up (of Greeks, Armenians, Arabs, and so on.)which now menaces them, the trouble of the Latin-Americans to throw off the galling Yankee yoke, and the joint effort of Russia and Germany (maybe with England and Italy aiding) to do away with such worldwide nuisances because the insane Polish republic, the petty states of the Baltic, and maybe additionally many of the Balkan states. I cross over the chance of a brand new mutiny in India, of the rising of China towards the Japanese, and of a normal battle for a brand new alignment of boundaries in South America. All of those wars, nice and small, are possible; most of them are humanly sure. They might be fought ferociously, and with assistance from harmful engines of the utmost effectivity. They will result in an unparalleled butchery of males, and a big proportion of those males might be below forty years of age.

    As a consequence there might be a scarcity of husbands in Christendom, and as a second consequence the survivors might be appreciably tougher to snare than the lads of immediately. Every man of agreeable exterior and straightforward means might be pursued, not merely by just a few dozen or rating of ladies, as now, however by entire battalions and brigades of them, and he might be pushed in sheer self-defence into very sharp bargaining. Perhaps in the long run the state must intervene within the enterprise, to forestall the potential husband going to waste within the turmoil of alternative.

    Just what kind this interference is prone to take has not but appeared clearly. In France there may be already a wholesale legitimization of kids born out of wedlock and in Eastern Europe there was a clamour for the legalization of polygamy, however these gadgets don’t meet the principle downside, which is the encouragement of monogamy to the utmost. A plan that means itself is the amelioration of the place of the monogamous husband, now rendered more and more uncomfortable by the legal guidelines of most Christian states. I don’t assume that the extra clever form of girls, confronted by a deadly scarcity of males, would object severely to that amelioration. They should see plainly that the current system, whether it is carried a lot additional, will start to work powerfully towards their finest pursuits, if solely by significantly reinforcing the disinclination to marriage that already exists among the many higher form of males. The girl of true discretion, I’m satisfied, would a lot relatively marry a superior man, even on unfavourable phrases, than make John Smith her husband, serf and prisoner at one stroke.

    The legislation should finally acknowledge this truth and make provision for it. The common husband, maybe, deserves little succour. The girl who pursues and marries him, although she could also be moved by egocentric goals, needs to be correctly rewarded by the state for her service to it—a service certainly to not be flippantly estimated in a navy age. And that reward could conveniently take the shape, as within the United States, of statutes giving her title to a big share of his actual property and requiring him to give up most of his revenue to her, and releasing her from all obedience to him and from all obligation to maintain his home so as. But the girl who aspires to increased sport needs to be fairly prepared, it appears to me, to resign a few of these benefits in compensation for the better honour and satisfaction of being spouse to a person of benefit, and mom to his kids. All that’s wanted is legal guidelines permitting her, if she’s going to, to resign her proper of dower, her proper to upkeep and her immunity from self-discipline, and to make another phrases that she could also be led to treat as equitable. At current girls are unable to make most of those concessions even when they might: the legal guidelines of nearly all of western nations are rigid. If, for instance, an Englishwoman ought to agree, by an ante-nuptial contract, to submit herself to the self-discipline, not of the present statutes, however of the elder frequent legislation, which allowed a husband to right his spouse corporally with a stick no thicker than his thumb, it could be competent for any sentimental neighbour to set the settlement at naught by haling her husband earlier than a Justice of the Peace for carrying it out, and it’s a secure wager that the Justice of the Peace would jail him.

    This plan, nonetheless novel it might appear, is definitely already in operation. Many a married girl, as a way to maintain her husband from revolt, makes roughly disguised surrenders of sure of the rights and immunities that she has below current legal guidelines. There are, for instance, even in America, girls who practise the home arts with competence and diligence, regardless of the plain indisputable fact that no authorized penalty can be visited upon them in the event that they failed to take action. There are girls who comply with exterior trades and professions, contributing a share to the household exchequer. There are girls who obey their husbands, even towards their finest judgments. There are, most quite a few of all, girls who wink discreetly at husbandly departures, overt or in mere intent, from the oath of chemical purity taken on the altar. It is a commonplace, certainly, that many completely happy marriages admit a celebration of the third half. There can be extra of them if there have been extra girls with sufficient serenity of thoughts to see the sensible benefit of the association. The hassle with such triangulations isn’t primarily that they contain perjury or that they provide any basic offence to the spouse; if she avoids banal theatricals, in truth, they generally have the impact of augmenting the husband’s devotion to her and respect for her, if solely because the fruit of comparability. The hassle with them is that only a few males amongst us have sense sufficient to handle them intelligently. The masculine thoughts is instantly taken in by specious values; the common married man of Protestant Christendom, if he succumbs in any respect, succumbs to some meretricious and flamboyant creature, bent solely upon fleecing him. Here is the place the cruel realism of the Frenchman reveals its superiority to the sentimentality of the lads of the Teutonic races. A Frenchman would no extra consider taking a mistress with out consulting his spouse than he would consider standing for workplace with out consulting his spouse. The result’s that he’s seldom victimized. For one Frenchman ruined by girls there are a minimum of 100 Englishmen and Americans, even supposing 100 occasions as many Frenchmen have interaction in that form of recreation. The case of Zola is typical. As is well-known, his amours had been rigorously supervised by Mme. Zola from the primary days of their marriage, and in consequence his life was wholly free from scandals and his thoughts was by no means distracted from his work.

    46. The Eternal Romance

    But no matter the way forward for monogamous marriage, there’ll by no means be any decay of that agreeable adventurousness which now lies on the backside of all transactions between the sexes. Women could emancipate themselves, they could borrow the entire bag of masculine methods, they usually could treatment themselves of their current need for the vegetable safety of marriage, however they are going to by no means stop to be girls, and as long as they’re girls they are going to stay provocative to males. Their chief allure immediately lies exactly in the truth that they’re harmful, that they threaten masculine liberty and autonomy, that their sharp minds current a menace vastly better than that of acts of God and the general public enemy—and they are going to be harmful for ever. Men concern them, and are fascinated by them. They know the way to present their tooth charmingly; the extra enlightened of them have perfected an outstanding strategy of fascination. It was Nietzsche who known as them the recreation of the warrior—not of the poltroon, keep in mind, however of the warrior. A profound saying. They have an infinite capability for rewarding masculine trade and enterprise with small and irresistible flatteries; their acute understanding combines with their capability for evoking concepts of magnificence to make them incomparable companions when the intense enterprise of the day is finished, and the time has come to increase comfortably within the interstellar ether.

    Every man, I daresay, has his personal notion of what constitutes good peace and contentment, however all of these notions, regardless of the elemental battle of the sexes, revolve round girls. As for me—and I hope I could also be pardoned, at this late stage in my inquiry, for intruding my very own persona—I reject the 2 commonest of them: ardour, a minimum of in its extra adventurous and melodramatic features, is just too thrilling and alarming for therefore indolent a person, and I’m too egoistic to have a lot need to be mothered. What, then, stays for me? Let me attempt to describe it to you.

    It is the shut of a busy and vexatious day—say half previous 5 – 6 o’clock of a winter afternoon. I’ve had a cocktail or two, and am stretched out on a divan in entrance of a fireplace, smoking. At the sting of the divan, shut sufficient for me to succeed in her with my hand, sits a girl not too younger, however nonetheless handsome and well-dressed—above all, a girl with a delicate, low-pitched, agreeable voice. As I snooze she talks—of something, all the pieces, all of the issues that girls speak of: books, music, the play, males, different girls. No politics. No enterprise. No faith. No metaphysics. Nothing difficult and vexatious—however keep in mind, she is clever; what she says is clearly expressed, and sometimes picturesquely. I observe the positive sheen of her hair, the gorgeous lower of her frock, the glint of her white tooth, the arch of her eye-brow, the sleek curve of her arm. I take heed to the beautiful murmur of her voice. Gradually I go to sleep—however just for an immediate. At as soon as, observing it, she raises her voice ever so little, and I’m awake. Then to sleep once more—slowly and charmingly down that slippery hill of desires. And then awake once more, after which asleep once more, and so forth.

    I ask you severely: may something be extra unutterably stunning? The sensation of falling asleep is to me probably the most beautiful on the planet. I enjoyment of it a lot that I even stay up for demise itself with a sneaking marvel and need. Well, right here is sleep poetized and made doubly candy. Here is sleep set to the best music on the planet. I match this example towards any that you just ran consider. It isn’t solely enchanting; additionally it is, in a really true sense, ennobling. In the top, when the woman grows prettily miffed and throws me out, I return to my sorrows one way or the other purged and glorified. I’m a greater man in my very own sight. I’ve grazed upon the fields of asphodel. I’ve been genuinely, utterly and unregrettably completely happy.

    47. Apologia in Conclusion

    At the top I crave the indulgence of the aesthetic reader for the imperfections essentially seen in all that I’ve right here set down—imperfections not solely resulting from incomplete data and fallible logic, but in addition, and maybe extra importantly, to sure basic weaknesses of the intercourse to which I’ve the honour to belong. A person is inseparable from his congenital vanities and stupidities, as a canine is inseparable from its fleas. They reveal themselves in all the pieces he says and does, however they reveal themselves most of all when he discusses the majestic thriller of girl. Just as he smirks and rolls his eyes in her precise presence, so he places on apathetic and unescapable clownishness when he essays to dissect her within the privateness of the laboratory. There is not any e book on girl by a person that’s not a stupendous compendium of posturings and imbecilities. There are however two books that present even a superficial need to be trustworthy—”The Unexpurgated Case Against Woman Suffrage,” by Sir Almroth Wright, and this one. Wright made a gallant try to inform the reality, however earlier than he obtained half manner by his job his ineradicable donkeyishness as a male overcame his scientific frenzy as a psychologist, and so he swiftly washed his fingers of the enterprise, and affronted the even handed with a half baked and preposterous e book. Perhaps I’ve failed too, and much more ingloriously. If so, I’m stuffed with honest and indescribable remorse.

    Extract from IN DEFENSE OF WOMEN by H. L. Mencken

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  • A Joint Statement on Tourism and COVID-19 – UNWTO and WHO Call for Responsibility and Coordination

    A Joint Statement on Tourism and COVID-19 – UNWTO and WHO Call for Responsibility and Coordination

    As the current outbreak of the Coronavirus Disease (COVID-19) continues to develop, the World Health Organization (WHO) and the World Tourism Organization (UNWTO) are committed to working together in guiding the travel and tourism sectors’ response to COVID-19.

    On 30 January 2020, the Director-General of the World Health Organization (WHO) declared the outbreak of COVID-19 to be a Public Health Emergency of International Concern and issued a set of Temporary Recommendations. WHO did not recommend any travel or trade restriction based on the current information available. WHO is working closely with global experts, governments and partners to rapidly expand scientific knowledge on this new virus, to track the spread and virulence of the virus, and to provide advice to countries and the global community on measures to protect health and prevent the spread of this outbreak.

    Cooperation is key

    The tourism sector is fully committed to putting people and their well-being first. International cooperation is vital for ensuring the sector can effectively contribute to the containment of COVID-19. UNWTO and WHO are working in close consultation and with other partners to assist States in ensuring that health measures be implemented in ways that minimize unnecessary interference with international traffic and trade.

    Tourism’s response needs to be measured and consistent, proportionate to the public health threat and based on local risk assessment, involving every part of the tourism value chain – public bodies, private companies and tourists, in line with WHO’s overall guidance and recommendations.

    UNWTO and WHO stand ready to work closely with all those communities and countries affected by the current health emergency, to build for a better and more resilient future. Travel restrictions going beyond these may cause unnecessary interference with international traffic, including negative repercussions on the tourism sector.

    At this challenging time, UNWTO and WHO join the international community in standing in solidarity with affected countries.

    A Joint Statement on Tourism and COVID-19 - UNWTO and WHO Call for Responsibility and Coordination
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    https://www.who.int/news-room/detail/27-02-2020-a-joint-statement-on-tourism-and-covid-19—unwto-and-who-call-for-responsibility-and-coordination

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  • Dousing the Flames of Marital Conflict

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    Conflicts in marriage are endemic. Because this is a union of two distinct individuals each with his or her own likes, dislikes, prejudices and pet peeves, conflicts are built into the marriage packet. As the famous evangelist Billy Graham once said, “For a married couple to expect perfection in each other is unrealistic. The unblemished ideal exists only in ‘happily-ever-after’ fairy tales. ‘Happily incompatible’ is a good adjustment.”

    No human relationship can exist in a permanent state of happiness, and conflicts need not be viewed as a sign of instability or impending rupture of marriage. Couples need to master the art of quarreling constructively and resolving all conflicts positively. A mature approach will increase understanding and trust, and strengthen their relationship. However this depends on their level of commitment to each other.

    Areas of conflict:

    o Finance: In this consumer-oriented society of today, money or the lack of it can lead to conflict. Spouses have different spending habits. Overspending or unnecessary spending by one partner can upset the family budget, leaving less money for essentials. Entertainment, alcohol, consumer goods can eat into one’s pocket. Similarly miserliness will also trigger conflict.

    o When the needs, wants and desires of one partner are not met, there is a tendency to be irritable or argumentative over trifles.

    o Domination: When one partner is excluded from the decisions that affect them both, friction is bound to arise. Similarly, procrastination by one partner on issues that need urgent decisions can be annoying.

    o In-laws: Too much interference or over dependence of in-laws can become a bone of contention. Unfair references and comparisons lead to quarrels.

    o Children: Different styles of parenting or lack of proper parenting skills can result in heated arguments.

    o Sex: Husbands and wives have exclusive conjugal rights over their partners. Depriving a spouse of normal sexual activity creates tension in the relationship.

    o Working wives: Some women with high tech jobs may not have quality time to spend with husband and children. Stress, fatigue or overwork can sap them of strength and put them in an irritable frame of mind.

    o Habits: Drinking, smoking, gambling or drug taking are frequent causes of conflict.

    o Social activities. Time consuming parties or games leave very little time to spend with each other.

    o Physical and emotional abuse.

    o Self-centeredness.

    o Secrecy: Keeping important secrets from each other is a breach of trust.

    o Infidelity.

    The mark of a good marriage is not the absence of conflict, but how each partner deals with the problem. Conflict is like an ember with the potential to spark into a flame, and if not doused in time, can blaze into a conflagration. The foremost thing to remember is that it is not a battle between enemies. It is just a disagreement between spouses who have promised to love and cherish each other till the end of their lives.

    “Many marriages would be better if both husband and wife realize that they are on the same side,” says Zig Ziglar.

    The aim must be to diffuse the situation by proper resolution, so that it does not crop up again and again.

    There are two options available.

    1.The Negative Approach which will generate hostility.

    2.The Positive Approach which will make the bonds of marriage stronger.

    Negative Approach:

    – One partner personalizes the problem and treats it as an attack. Women are more prone to this approach. They withdraw into themselves and wallow in self pity. Withdrawal may be physical, sexual or emotional. Breach of communication follows. This is a dangerous trend. A trivial problem festers in the mind until it assumes gigantic proportions.

    – Angry reactions like yelling, crying, abuse, sarcasm, insults or even violence are disastrous. The idea obviously is to hurt the other person while defending one’s self in the blame game.

    As Broderick said, “Couples who vent their anger and do nothing to get at its cause and cure are committing marital suicide.”

    Positive Approach:

    1. Couples should never communicate when angry. They should first think things over calmly by themselves and then discuss the issue. Privacy is important. Discussions should not take place in the presence of their children or relatives, but in a quiet place where there will be no interruptions. They must bear in mind at all times that they are allies and not adversaries. There must be eye contact throughout the discussion. Respect for each other’s feelings is important. So the tone of voice and body language must be appropriate. Listening carefully to the other’s point of view is showing respect. Questions and clarifications are in order. It is also a time to share one’s genuine hurts and frustrations. Generalizations like ‘You always find fault’ or ‘You never listen’ are not helpful.

    2. The core issue must be tackled. It is important to define and discuss only the problem that started the conflict. Is the problem repetitive? Is there a recurring pattern? If so, why has the problem not been resolved before? There should be no deviation into unrelated issues. Old problems must not be dredged up and recycled to score a point.

    3. Finance can be a contentious subject. Bad financial habits must be mended. Budgeting one’s income is important. If expenses go beyond the budgeted amount, there should be a discussion on how best to make good the deficit. Honest conversations about purchases, savings and overspending will help. It might require lowering one’s standard of living or finding other ways of income generation.

    4. Sex is an important aspect of marriage. Withholding sex by one partner as a means of punishing the other, is hurtful. Sex enhances intimacy and reconciliation.

    5. Spouses must take responsibility for their contribution to the problem. They should be willing to change their behaviour if necessary. Owning up faults and admitting their weaknesses will diffuse tension. Sometimes it may even be necessary to give into the partner’s wishes, even though not fully agreeable. It is important to focus on what is right and not on who is right. Compromise is by no means weakness. It reflects strength and helps resolve the problem permanently.

    6. Forgiveness is the most important salve that will heal the hurt of conflict. Couples should be generous in forgiving each other’s faults. It may not be easy, but it is always better to get it over with and move on.

    Conflicts in marriage are inevitable. Fault finding and negativity can destroy and tear apart relationships. ‘Let not the sun go down upon your wrath,’ advises Scripture. With proper communication, tolerance and commitment, most conflicts can be resolved.

    As Alexander Perry said, “The ultimate test of a relationship is to disagree but to hold hands.”

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    Source by Eva Bell

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  • Department Administrator Interference in the Doctor-Patient Relationship

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    I contacted a resident doctor in Internal Medicine at a teaching hospital and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor’s office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.

    A department administrator then contacted me to say the resident doctors are not available every day of the week for clinic and are not even here when they do their ICU rotation. Also, the Internal Medicine department protocol would not allow the resident doctor to write me a drug prescription for off label use. Finally, she was concerned that in the past I have ordered and correctly interpreted my own blood tests. The administrator’s attitude reflects one of the chief complaints Americans have with the health care system: the system is coming at them and requiring them to get health services in some predefined structure to which the facility is accustomed but which eliminate any potential for individualized treatment according to individual patients’ needs.

    Apparently the administrator did not spend enough “careful consideration” to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the administrator based her decision on her own ignorance of the facts.

    She also misstated facts concerning off-label prescriptions for drugs by resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician at the teaching hospital advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the Dept. of Obstetrics and Gynecology (OB-GYN) advised me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but “protocol” prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

    Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The administrator could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director’s paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don’t need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

    Apparently, an overwhelming number of patients who visit this teaching hospital’s doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the administrator’s interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

    LEGAL ANALYSIS

    I. Formation of Doctor-Patient Relationship

    The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

    When a lawyer responds to a prospective client, “I agree to take your case,” or “I will be your lawyer,” or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client’s information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

    But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

    The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor’s clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

    If a lawsuit were filed for enforcement of this contract, I am confident that the plaintiff would overcome any attempt to dismiss the lawsuit by the teaching hospital’s attorneys based on the absence of a contract. Defendant might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website http://medical-dictionary.thefreedictionary.com/resident+physician, a “resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.” The resident’s licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents’ clinic.

    In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident’s services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor’s aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, the defendant’s argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted “it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.” Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

    Selection of a PCP and other medical decisions are “core” private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

    In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. “The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.” Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

    The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor’s selection of patients and the patient’s choice of a physician. “We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient’s choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

    Based on reading Baptist Health, I will now forward a copy of this article to the state Department of Health to determine whether the teaching hospital violated any of my state’s regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient’s right to select his own physician. If so, then the teaching hospital is violating those regulations.

    II. Tennessee’s Tortious Interference Statute

    Tenn. Code Ann. § 47-50-109 is captioned, “Procurement of breach of contracts unlawful – Damages.” The administrator tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The administrator will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

    Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, “The ethical objection has been that intervention by employer… makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer… rather than to the patient, he serves two masters with conflicting interests.” United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

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    Source by Michael Guth

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