Recent orders
Dissenting Opinion
Dissenting Opinion
Name:
Institution:
Date:
Dissenting Opinion
The independence of the court and judges guarantees the stability and effectiveness of judicial power on legal matters. The terms dissent and dissenting opinion are interchangeably used since they often accompany each other. Dissents are a simple declaration of the difference of opinion with the majority. Dissents also instruct, prod, scold or instead urge the consideration of dissenter’s point of view by the majority (Epstein, Landes, & Posner, 2011). They do not carry any precedential weight, whatsoever not considered as an authority in subsequent cases. Usually, when the appeal of the legal decision is filed to a high court, a panel of judges hears and presides over the case. The judges give their verdict based on the facts presented and subsequently vote on the outcome. The majority carries the day, and one of the members writes a formal opinion that declares the ruling of the court and the explanation behind reaching of decision. The minority may also draft their views regarding the case, more importantly, why they think the decision/ruling was not fair. It is known as a dissenting opinion. On instances where two or more judges disagree with the majority ruling, they may write one dissenting opinion or more depending on the number.
In a civil lawsuit involving Howard and his former employer, the court ruled against Howard. Howard was not satisfied by the court’s ruling, and so he decided to appeal. He held that the court unfairly treated him by disregarding vital information presented as supporting facts of his case. The state’s appellate court used a panel of three judges to review all the relevant court documents from Howard’s case. Also, the judges were to review both the appeal document and the employer’s response to the appeal.
Two judges, Monihan and Scott, admitted that the court made a mistake not allowing the presentation of Howard’s vital evidence into the trial. However, judge Bowlan disregarded the claims stating that the evidence sources could be regarded as invalid. Since the two judges, Monihan and Scott, were in favor of overturning the court’s ruling, and the issue will be up for a new trial. The majority opinion is written by judge Monihan explaining the appellate court’s decision and directs the trial court. In this case, the dissenting opinion may come from Judge Bowlan, who can provide a formal explanation as to why he disagrees with the majority opinion on the appeal.
The majority opinion may not be right always irrespective of the ruling being reached for the same reasons. In other words, it is the controlling opinion and only implies that it is the one that will be binding. In reality, not in all cases, the majority opinion will always count in supreme cases, meaning, for some reason, the decision may not be agreed upon to the court’s ruling for the same reasons. The concurring opinion helps to affirm the majority decision based on the rationale for the verdict. In summary, the dissenting opinion is essential as it serves to make sure that people and organizations receive fair treatment from the courts based on the evidence presented. Through the appeal, individuals are given a chance to obtain justice about their case rulings, which at some point they may have felt the decision was biased.
References
Epstein, L., Landes, W. M., & Posner, R. A. (2011). Why (and when) judges dissent: A theoretical and empirical analysis. Journal of Legal Analysis, 3(1), 101-137.
Dissemination of Evidence
Dissemination of Evidence
Name of Student
Institution
Dissemination of Evidence
As a visiting nurse in a Home Health Agency, I would use poster-presentation as a means of dissemination evidence-based practice to the stakeholders. According to Forsyth et al. (2010), posters have been found to be a very effective method of disseminating evidence-based research findings to a variety of people. In the Home Health Agency, I will be targeting the nursing personnel, the other members of the healthcare team, the clients and relatives, as well as, the entire internal and external environment of the hospital. The poster is thus feasible since it is used to relay up-to-the-minute findings, as well as, for informing nurses and other stakeholders on the outcomes, practice changes of new policies adopted, as a result, of evidence-based practice. It is, in addition, feasible for informing the members of the public about the products of evidence based practice (Forsyth et al., 2010). It is thus very applicable in a Home Care Agency. In order to evaluate my poster, I would use the Poster Evaluation Rubric for Evidence Based Practice (PER-EBP) (Forsyth et al., 2010). The PER-EBP is a tool that allows a poster evaluation, either by oneself, or others. The tool is suitable for evaluation since it provides a criterion for the poster’s overall appearance, the essentials, professionalism and the content. In order to ensure that the majority get the information, I would make the posters, in a way, that they match the audience they are targeting. Such measures would include using basic language for those not very conversant with medical jargon.
In regard to Leeman and Sandelowski (2012) framework for qualitative inquiry, I have chosen a question under the category of causal mechanisms. The question is: Does the lack of training on EBP dissemination for healthcare providers a barrier to the implementation of EBP? The reason for choosing qualitative inquiry over quantitative inquiry is the fact that correlation differs from causation. A study of mechanisms would be better with qualitative than quantitative inquiry because mechanisms are more related to causal inference and empirical research. Qualitative inquiry is essential in supporting the experiential and personal knowledge necessary for practice (Broeder & Donze, 2010).
References
Broeder, JL., & Donze, A. (2010). The role of qualitative research in evidence-based practice. The Journal of Neonatal Nursing, 29(3), 197-202.
Forsyth, M. D., Wright, L. T., Scherb, A. C., & Gasper, M. P. (2010). Disseminating evidence-based practice projects. Clinical Scholars Review, 3(1), 14-21.
Leeman, J., & Sandelowski, M. (2012). Practice-based evidence and qualitative inquiry. Journal of Nursing Scholarship, 44(2), 171-179.
Expansion and technological development within the United States
Expansion and technological development within the United States
The nineteenth and the early onset of the twentieth century marked the revolution and the dominance of the transformation of the U.S economy where the region experienced an influx in its economic paradigm from a rural nation to one characterized by urbanization and industrialization. Pre-Civil years occurring around the years 1820 and 18860 marked among the most significant period of the US history considering the period was a period marked by significant change as the nation came to age. The period was marked with major trends essentially, as industrialized north and agricultural south continued to separate saw tremendous change in the nation politics and economy (Barden& Maria 23).
Americans were of the belief that it was their divine responsibility bestowed to them by God to civilize people of America, which was arguably the main reason for the War of 1812 and characterized the westward expansion core objective to acquire destiny. The westward expansion was the main reason for the introduction of new technologies. New technologies introduced during the period included the Cotton Gin of Eli Whitney increasing its production and the introduction of steamboats and locomotives. The most significant aspect of the westward expansion was the Indians removal through initiatives of the then president Andrew Jackson. Americans in the 19th century with their priorities set on acquiring land invaded the south and made their way into the regions now known as Alabama and Mississippi. With the lands already occupied by the Indians and since they acted as a major impasse to westward expansion coming to fruition, white settlers advocated for the federal government to displace them (Boles & John n.p). Presidents before Andrew were such as Thomas Jefferson and James Monroe were of the opinion that Indian tribes settled in the south should receive compensation for their lands with other lands west of the Mississippi river. However, they never enforced this steps and only after the war led by Andrew Jackson where the Indians forced into assenting to giving away 20 million acres of their land (Adams 88).
Work Cited
Boles, John B. A Companion to the American South. Malden, Mass.: Blackwell Pub, 2007. Internet resource.
Barden, Cindy, and Maria Backus.Westward Expansion and Migration. Quincy, Ill.: Mark Twain Media, 2011. Print.
Adams, Sean P. A Companion to the Era of Andrew Jackson. New York: Blackwell Pub, 2013. Internet resource.
The American Promise 5th Ed + Reading the American PastVol 1 + Vol 2. Bedford/st Martins, 2012. Print.
Work cited