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Sunday, August 25, 2013

Essay on Careers in Public Health




Essay on Careers in Public Health

Public Health is the most thriving and developing field all over the world. As a discipline, it deals with the academic research, teaching and  professional practice  of preventing disease and promoting general public health. It focused on the organized efforts of the society for the betterment of the health conditions of people. These efforts include organizations, communities and networks of individuals working together to assure a good public health system. These groups of people which often includes the medical care institution, the private industry, the community based non-profit organization and the academy works together and takes the responsibility of assuring the health of the public and the functioning of the whole public health system. Any society, community or country would acknowledge the public health as a top priority. As a top priority, public health system needs different careers to address the different health issues and aspects. It is a very expansive and varied field that requires many different occupations working together to achieve its goals.

Two of the careers in Public Health that I find very interesting is that of the State Epidemiologist and the health educator. State Epidemiologist sounds very appealing to me because I am very interested in science, microbiology and human health. Being a state epidemiologist can allow me to deal with all these fields that I am interested in. I guess I would really find it very the investigative work of tracking diseases in human population very interesting. Being a state epidemiologist can also allow me to interact with a lot of people in various public health professions. On the other hand, being a Health Educator interests me because designing, facilitating and implementing educational programs is somehow an appealing job for me. Aside from my interest in natural sciences, I am equally interested with social sciences. The social science made me understand enabled me to understand the ethnic and cultural issues of different communities. Possessing this kind of understanding can help me a lot in being an effective health educator. 

There are different routes in being in the career of epidemiology. The quickest way in having a career as an epidemiologist is to take an undergraduate degree in order to get a master’s degree in public health with a concentration epidemiology. Physicians, nurses and others already in the medical profession can be an epidemiologist if they would earn their masters in public health before or after their graduation. Another way into entering epidemiology is to go through the Centers for Disease Control and Prevention (CDC) an be in the program called the Epidemic Intelligence Service (EIS). This 2-year program teach physicians and other health professionals the important epidemiological skills needed for the prevention of diseases and outbreaks. State epidemiologist basically investigates, track and report the information regarding the outbreaks or diseases in a population that is why they are also called disease detectives. They investigate the disease clusters or the investigates the incidence of a disease in a community. They can also examine and cure problems and diseases related to the general physical environment. State epidemiologist usually on the surveillance, investigation, data analysis and evaluation of pandemic diseases and outbreaks. Because of this investigative nature of their job, they are also usually interacting with program managers, medical providers, statisticians and public health policy makers. 

On the other hand, being a health educator would require a bachelor degree in health education, health management, sociology, education, community development or other related degrees.  After earning these one of these degrees, aspiring health educator can opt to take the  (Certified Health Education Specialist)  offered by the National Commission of Health Education Credentialing Inc. The main responsibility of a public health educator is to change policies and environments as well as the behaviors and attitudes that affect health. They design workshop and forums, plan and direct programs and work with the community groups to address the wider public health agenda. They also conduct studies related in public health education , evaluate the methods of the program, determine the effectiveness of the program and improve the general health of the communities. They can improve general health by addressing issues such as drug-abuse, pollution, stress management and safety. 

If I could talk to any epidemiologist and health educator, I would like to ask them about what make them inspired in their respective careers? Why have they chosen careers in public health and what would it takes to be a great epidemiologist or health educator. 


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Case Summary of Lochner v. New York ( 198 U.S. 45)



Case Summary of Lochner v. New York (198 U.S. 45)

A law was passed in the State of New York called the Bakeshop Act of 1895 which is under Section 110 of the labor law of the State of New York seeking to limit the working hours of bakers to ten a day and 60 a week.  Joseph Lochner who owned a small bakery in Utica was fined $50 for permitting an employee to work more than 60 hours in a week.  Lochner was convicted in the trial court. On appeal, he challenged the constitutionality of the Bakeshop Act arguing that the law caused interference in his right to pursue a lawful trade.  On the other hand, the state argued that the law was a valid exercise of police power as it sought to protect the health and safety of employees working in bakeries.

The issue in this case is whether the Supreme Court can invalidate a state law restricting the hours employees could work in the baking industry as a violation of the freedom of contract guaranteed by the Due Process Clause of the Fourth Amendment. Another issue is whether the law is a valid exercise of the police power of the state.

The Supreme Court ruled that Section 110 of the labor law of the State of New York which provides that no employees shall be required or permitted to work in bakeries for more than sixty hours in a week or ten hours a day is not a legitimate exercise of the police power of the state but an unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract in relation to labor. The court said that “There is no reasonable ground for interfering with the liberty of person or the right of free contract by determining the hours of labor in the occupation of a baker.”

Individuals have a right to enter into contracts in relation to their business.  This is a right protected under the Fourteenth Amendment of the Federal Constitution.  The said provision provides that no state can deprive a person of life, liberty and property without due process of law. The right to purchase or sell labor is a liberty protected under the Fourth Amendment. 

In previous cases, the court has validly restricted or limited life, liberty and property under the exercise of police powers.  For instance, the courts have ruled that limiting the number of working hours in mines have been ruled to be a valid exercise of police power. 

However, the law which is the subject of controversy should have a direct connection to a danger that would compromise the public health or the health of employees before it may restrict the hours of labor in any trade or profession.  In the case of workers in mines restricting the hours worked has a direct relation to public health. However, for the bakers working in bakeries, the connection to the public health or welfare was considered to be too remote.

The impact of this decision is that it virtually declared that in a capitalistic economy minimum government interference in businesses should be the policy and that business should be allowed to enter into various contracts. 

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Case Summary of Chaplinsky v. New Hampshire (315 U.S. 568)



Case Summary of Chaplinsky v. New Hampshire (315 U.S. 568)

I.                    Facts:
 The appellant, Chaplisnky, was convicted of a public penal law in New Hampshire which forbids under penalty that any person shall address "any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place," or "call him by any offensive or derisive name,".  The incident occured in front of the City Hall wherein the appellant willfully and deliberately called Bowinger, the complainant a “damned Fascist" and a "damned racketeer”. The complainant filed a complaint in court wherein he stated that he was just trying to stop the upcoming riot when the defendant shouted and cursed him on the public street. The defendant, however reiterated that he was provoked to curse in public street because it was the complainant who shouted first. The lower court ruled in favor of the complainant citing the public law passed in New Hampshire. The defendant appealled the decision of the circuit court stating that the said public law is a violation of the fourteenth amendment of the constitution providing for the freedom of speech and religion. By providing limitations on the words spoken by individuals, the public law is unconstitutional as it abridges freedom of speech in particular.

II.                Legal Issue:
The issue in this case is whether or not the public law implemented in New Hampshire which is "No person shall address any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place, nor call him by any offensive or derisive name, nor make any noise or exclamation in his presence and hearing with intent to deride, offend or annoy him, or to prevent him from pursuing his lawful business or occupation”, is a violation of the  14th amendment of the constitution.

III.             Court Decision
The court ruled that the public law is not violative of the 14th amendment because the purpose of the law is for a better good in the society. The court further stated that the use of words is a breach of peace which is punishable as a criminal act under the law. The freedom of speech given by the constitution cannot use as a cloak to let others demean other people in public places. This is a means of breaching the public peace which is punishable under the law.

IV.             Rationale
The court ruled in favor of the complainant because it stated that the public law implemented by New Hampshire is not violative of the constitution and as such, it protects the rights of persons against abuses verbally. The court further states that the said law is a step towards assuring that peace will not be breached and as such, stating words uttered by the defendant which are "damned racketeer" and "damned Fascist" can likely provoke the average person to retaliation, and thereby cause a breach of the peace. The law is not unconstitutional as it actually protects the rights of the people within a peaceful society as a whole.

V.                Personal Opinion
I dissent to the ruling of the Supreme Court regarding their idea that there is no violation of rights in this case because once a law is focused on the actions of the people, then it can result to the abridging of the constitutional rights. Freedom of speech is a right given to the people and the government cannot make laws against rights which are mandated by the constitution.


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Case Summary of Schenck v. United States (249 U.S. 47)



Case Summary of Schenck v. United States (249 U.S. 47)
Facts:
The plaintiff was charged of conspiracy to violate the Espionage Act of 1917 wherein he cause or cause to attempt insubordination and obstruct the recruiting and enlisting in the United States military service. The defendant were said to printed and gave men who were called upon to enlist for military a document that persuaded the said men for insubordination. The said defendants were found guilty. They content however that the court violated their right of freedom of speech. They set up the First Amendment to the which forbids the Congress to make any law abridging the freedom of speech, or of the press. They further argued that the evidence which was presented cannot be admissible and cannot point out to the guilt of the defendant that he indeed was liable for the crime indicted to him. Relating one’s opinion is a feature of a democratic society. This shows how strong the principle of democracy in a country especially when there are evident activities such as voting, press freedom and freedom of expression. The democratic government is a more acceptable approach as it ensures that every state will be given a chance to fairly compete with other countries that may determine who will develop or not.

Legal Issue:
The issue in this case is whether the court erred in ruling that the defendant was guilty of insubordination and whether the decision is violative of the freedom of speech.

Ruling of the Court:
The court ruled that the defendant is guilty of the crime. It also stated that the said decision is not violative of the right to freedom of expression as what is being at stake is the interest of the country because of military service.

Rationale:
To determine the different rights of the people the government usually use the media. As an effective medium, television, newspaper, radio and the internet are the popular ways to express public opinion. It is use to educate as it gives information to the people. It gives the people a sense of political involvement and socialization which is good because it shows that the people participate in political issues.  It serves as the watchdog on government activities ensuring that the rights are observed. However, as the basic principle on freedom of expression is applied, certain laws are imposed to observe responsible use of media. It is also important that human rights violations are being watched so that proper authorities will know it. However, the court reiterated that freedom of speech is not absolute and has its limitations. Thus, giving out documents that go against military service is a real indicia of insubordination which is punishable by the law.

Personal Opinion:
I believe that the concept of democracy is to bring out the best in ourselves and for our nation. Upon observing the world order and how people are becoming inclined towards their own individual needs, democracy is a tool towards assuring that the needs of the people are obtained. What is a better concept that may be applicable for the development and growth of our society? Each of us is a part of a whole and our actions and the consequences of such must be our burden rather than be a liability of others. This is the idea that democracy intends to provide. That we are a free individual and whatever we will do and decide upon will be our own fate and our mistakes.

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Case Analysis Essay on Fletcher v. Peck (10 U.S. 87)





In 1795, the legislature of Georgia granted 35 million acres of state land in what is now Alabama and Mississippi to private speculators for the price of 1.5 cents per share.  It was later known that almost all except one of the legislators were bribed to get their approval.   The following year, a new state legislature passed a second act which repealed the fraudulent grant.  Specifically, the second act declared the January 7, 1795 act null and void including all grant or grants of rights, and claims.

Meanwhile in 1800 John Peck purchased some land that was part of the 1795 grant.  In 1803, he sold the 13,000 acres of land to Robert Fletcher for $3,000.  Upon discovering that the state had declared the sale of the land void, he brought suit against Peck for damages arguing that Peck lied to him in promising that he had a good title to the land. 

The federal circuit court ruled in favor of Peck.  Hence, Fletcher appealed to the US Supreme Court.

The issue in this case is whether the 1796 act which repealed the act of 1795 was a violation of the   Art 1, Section 10 of the Constitution or whether the state of Georgia can still repeal the sale even if it had finalized the original sale of the land. Another issue in this case is whether the United States Supreme Court can invalidate an act of the legislature on the ground of violation of the constitution. 

 The United States Supreme Court commented on the corruption within the state legislature. However, they argued that contracts cannot be invalidated simply because the state legislatures which entered into such contracts were corrupt. It said that “A party to a contract cannot pronounce its own deed invalid, although that party be a sovereign State. A grant is a contract executed.”

The Supreme Court ruled that the State of Georgia had violated the Contract Clause of the Constitution when it repealed the grant.   In rejecting the argument that Georgia had the “sovereign power” as agent of the people to repeal it earlier act argued that Peck was an innocent third party who bought the properties on the basis of the state’s first act.  He also sold the land based on the earlier act.  He paid for the land from the original grantee and sold the land to another innocent purchases. The court said that if the law is in the nature of a contract the repeal of the law cannot divest rights that have vested under the contract.  According to Marshall, “when a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights.”

One of the significance of the case of Fletcher v. Peck (10 U.S. 87) is that it declared that the Supreme Court can strike down an act of legislature if it violates the constitution.  Moreover, it established the principle that when the state enters into a private contracts, it cannot strike down these contracts which marks the protection given by the courts to private businesses and commercial interests. 


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