Prevention and Mitigation analysis Essay

Early Sunday morning, precisely January 18,year 2004, two inmates namely Ricky K wassenaar; who was serving a prison sentence of 26years and his co-inmate Steven j. coy on a long time imprisonment of life sentence both decided to escape the territory of morey unit of the prison structure, a complex situated near Arizona at an estimated distance of 50miles( approximately 80,467metres) south west of phoenix . This morey is designed for an estimated capacity of 800 inmates as against the 840 inmates it housed. At morey, the number of inmate serving life sentence and protective segregation population is the largest in the correction history of Arizona. Probably, owing to the number of inmates housed in the morey’s territory (840 inmates) which was exceeding its design capacity and ultimately because of the limited number of correctional officers placed in security of the unit, these two inmates, Ricky K. Wassenaar and Steven J . Coy, came down heavily on the correctional officers, impounded the units tower and at long last conquered the officers . This historic incident represents the longest hostage incidence in the history of the nation. As early as 2. 30am in the cool of the day, the inmates who reportedly were numbered around 19 ,working in the kitchen were released from their place of abode such that each of them could report and perform his/her functions at the money kitchen. A short while later , an approximated time of 3. 15am, correctional officers Kenneth martin and the other female civilian kitchen employee came around into the kitchen such that they could oversee and ensure that each inmate does his/her duty as expected. At this instant in time, inmate Ricky k. wassenaar and Steven J. Coy have already drawn out plans to escape the prison territory and were just about to perfect the plans . Ricky k. Wassenaar entered the office of the kitchen through an open door, he was immediately followed by his co-inmate Steven J. Coy who stood by the kitchen doorway thereby preventing entrance and exit through the only opening. Both inmates had in their possession sophisticated weapons like â€Å"shank† which serve as a major recourse for attack when the need arose. With the weapon being powerfully handled by both inmate, inmate Ricky K. assenaar attacked one of the correctional officers, martins, he was frightened to put off his uniform, an official dress to which was attached his identification card which served as an insignia of martin’s membership of correctional department of the morey’s unit . Wassenaar further ordered martins to undress his boot, an instruction which martins quickly responded to. In the same vein, the other inmate Coy also in possession of shank, the knife like weapon, became confident and consequent upon which he dragged the female correctional officer down to the room where the tools were situated . This bloody inmate having frightened the female officer with his weapon ordered her to lie down with her stomach touching the floor. He then tied her hands together with her feet using electrical cables. Having impounded martin and the female kitchen worker, both inmates made a stroll for a short period. On their arrival at the morey unit, inmate Ricky K. Wassenaar seized martins uniform and thereafter wore it on himself and in reinforcement of his escape strategies,he also shaved off his beards. He did all these so that he could disguise through every check point as a correctional officer. With wassenaar now overwhelmed with full confidence of his perfected strategies, he buzzed at martins, inquiring for the kitchen telephone number and this ill-treated correctional officer martin complied with an unusual alacrity. At exactly 4:20am of that same Sunday morning, inmate Wassenaar desperately drew close an area where red yard gate was situated, an enclosure that surrounded a foot tower of an estimated height of approximately 20 feet. At the top of this tower were two correctional officers who by name were Jason N.  Auch and Jane Auch who having looked through the screen in confirmation of the person approaching were deceived by the disguising uniform wore by inmate Ricky K. wassenaar, and consequent upon the aforementioned, they buzzed the door open. Wassenaar came as one would have expected, struck down the two correctional officers and start communicating with coy, his accomplice. The rattling of keys alerted from the kitchen alerted Kelly and Debaughed. Coy was later incapacitated by one of the officers but wassenaar later came to rescue him and led him to the tower where Coy sexually assaulted an officer by . Wassenaar started shooting sporadically at the gate to scare away other correctional officers. 4 people namely Jones debauch,sergent Andrew and Kelly Went to the outer door to lock it and ran to the dining facility while the other officers withdrew to the administration building The head count of the inmates inside the dry area was also done The tactical supporting unit then came to rescue by removing all the inmates an well as the officers from the dining facility. They later found out that 2 officers were missing. one dabbled to the deputy warden conference room to take note of the staff on ground. Later at around 7:45 am ,the likes of DPS SWAT team,TSU snipers, as well as the DPS hostage negotiators surrounded the building The support for the incidence came from no less than 16 law enforcement agents with DPS giving up to 230 officers. A total of about 75 detective agents as well as experts in the areas of surveillance were on ground The FBI sent almost 100 personnel,100 field personnel was also provided by the Maricopa county sheriff’s division The FBI officers were instructed to adopt the force oriented policies. One of the reasons that could have led the incident of the Arizona prison break was the fact that Doc officers were not well remunerated when compared to others in the same compartment This has led to economic hardship with subsequent reduction in the quality of life of the workers as well as their family Some of the sergeants openly confess their inability to afford the basic daily needs because of the meager salary saying also that most officers were less paid even than the officers that guard and supervise. It is therefore recommended that there must be a review of the salary scale and a balance should be achieved in the payment scale of the municipal, federal and county correctional officers and that of the surrounding Arizona states. Another problem that could have led to the incidence is the fact that the lowering of the Qualification standards to fill the available vacancies at the Arizona. It is therefore recommended that nothing but excellence should henceforth be promoted and upward review of the worker’s salary should be undertaken and sustained. It should also be noted that as at the time of the incidence that morey unit suffered from negligence and lack of appropriate expectation of elements of professionalism there were so many administrative blunders in the preceding years of the incidence among the staff even though the action of some of the staff members in rising to the incidence is highly commendable. The panel seeing to the events that led to the incidence noted that a lot of administrative negligence and improper supervision and action led to the incidence. It is therefore recommended that the DOC administrative director should determine if changing or substituting some staff assignments or disciplining some of the erring staff would be contributory. The pervasive nature of the incidence should be ascertained and subsequently to isolate and carry out procedures that could remedy the problem to avert future reoccurrence. It was also noticed that DOC has stopped conducting operational account audit of the facilities of the prison since 2000 and it is recommended that such practice should be revisited to ensure that proper and effective administration and management of prison facilities. There is also need for effective communication skills among the staff in order to foster prison security and operational success. Policies that favor indirect and not direct observation of the inmate and those that promote bad and ineffective communication between offenders and prison officers should be jettisoned The building and operational modus operandi should be that which support security and effective management sytem. The hostage taking event that occurred at the Morey unit of the was regrettable in history and it was catastrophic with attendant injury and irreparable loss to correctional officers and facility employees It is an eye-opener to the various challenges and jeopardy that corrections experts are battling with everyday. It is therefore important to properly and adequately fund and pay attention to the corrections operations. Good organizational quality cannot also be overemphasized encouragement and optimum investment in people involved in manning this highly sensitive sector of national security is therefore of utmost importance. Such set of individuals who have one way or the other dedicated themselves to this course should be well remunerated and properly trained and educated with nothing but very high intelligence quotient. They should be regarded as special people and treated as such. They must be compensated. I believe with these steps, future reoccurrences could be adequately averted.

Bram Stoker Essay

Within â€Å"Dracula†, Stoker clearly presents the male characters in the book as heroes, without over emphasising this by giving them extraordinarily strong powers. They are portrayed as normal human beings with faults and weaknesses. This can be seen when Van Helsing suffers from hysteria, but despite this still plays an important role in the chase for Dracula, and brings confidence to their quest at desperate times. He describes the â€Å"Band of Brother’s† as those â€Å", who are willing to peril even our own souls for the safety of one we love-for the good of mankind, and for the honour and glory of God†. A similar comparison could be made to fictional characters/super heroes in comics such as Superman. They save the weak and bring down the villain while also leading normal lives. But despite doing this, these super heroes still posses certain vulnerabilities, in the instance of superman, he possesses a weakness to kryptonite. In the same sense, members of the brotherhood have their own weaknesses. Therefore, it is fair to say that there is some presence of a comic book nature in Stokers writings, and the characters in the book represent this. Stoker does well not to make the characteristics of his male heroes all man and butch, like our version of the male hero today. I believe Stoker’s view of the perfect hero, is one that is physically strong but in touch with his feminine side. I believe such a character to be Van Helsing. At the opening of Jonathan Harker’s journal it says, â€Å"God preserve my sanity†, and later Dr. Seward says, â€Å"What does this all mean? I am beginning to wonder if my long habit of life amongst the insane is beginning to tell upon my own brain†. Clearly within the novel, the male characters show signs of tenderness and sensitivity, which would be an imperative trait for a women of the time. Despite this, within the â€Å"Band of Brothers† each individual member have their own personal weakness, and this again parallels to that of a super hero in a comic book, (an ideal present day hero), how everyone has their own weaknesses, and often all have a universal weakness, eg. Breathing, in a comic world. In this case, the universal weakness of the â€Å"Band of the Brothers† is the shared love and protective nature over their women/partners. I believe that the men in the novel feel threatened by Dracula, who is a perfectly attractive, who is physically powerful, and more importantly targeting their women. The men may have felt that this new species may lure their women away from them, since it can be seen that his prey needs some sort of willingness or co-operation for him to act. It is not clear in the novel if Jonathan and Mina have consummated their marriage, since Jonathan was in such a bad state at the time of the wedding, yet later in the play he again shows inadequacies in the bedroom department, and can only watch Mina sucking at the chest of Dracula having been paralysed by the more dominant figure, Dracula. In the novel, personal and universal strengths and weaknesses are present in the â€Å"Band of Brothers†. Since all the characters concerned are human, there is no distinct line between the two, perhaps rather they represent individuality of characters. Due to the group’s enthusiasm, and their keenness to save their beloved from Dracula, they play directly into the hands of Dracula, and this can be seen in London. This shows that the eager and hunger of the man exploits their weakness of not thinking correctly, rushing into things and a little gullibility. Mina is left alone at the house a sitting duck for Dracula to attack, a thoughtless action showing human weakness. However the group show great dedication and understanding to the task in hand as Van Helsing says, â€Å"Our toil must be in silence, and our efforts in secret; for in this enlightened age†¦

Although the foetus has no right to life, its interests are adequately protected by English law.

There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004). Although the foetus has no right to life, its interests are adequately protected by English law. There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004).

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Biography Of Benjamin Franklin - Essay Example Despite his achievements at school, he was removed from school at the age of 10 to work at candle making with his Dad. At the age of 12, Benjamin was apprenticed to his brother James at his printing shop by his father. Benjamin took on the fake name Mrs. Silence when James refused to publish any of his writings. With this, his imaginative and amusing letters were in print in his brother’s news paper. When the letters were discovered to be Benjamin’s, James was very angry. After that, Benjamin escaped to New York, although he settled in Philadelphia, this is the place he settled for the rest of his life (Sherrow 7). During the 1730s, Franklin’s prominence and success grew very much at the end of the 1732 with the publication of Poor Richard’s Almanack. He established a lending library for people to share his zeal for reading, and he chosen the Grand Master of Pennsylvania Mason, postmaster of Philadelphia and clerk of the state assembly. In the 1740s, Franklin went up into entrepreneurship with his invention of the Franklin stove; he also rose into scientific pursuit. In 1750, he conducted the kite-and-key experiment and some of his electricity theories were published in England the preceding year. He was tapped as an ambassador to represent the Pennsylvania Assembly, Georgia, Massachusetts and New Jersey, in England. He went on working towards colonial union and in 1766 he hold up the repeal of the Stamp Act (Dubourcq 10). Having mapped the postal routes in 1762, Franklin was designated the second Continental Congress and as a postmaster general in 1775. Moreover, in 1776, he was among the five men who drafted the Declaration of Independence. Also he was one of the men who planned the Article of Confederation. In 1785, Franklin returned to America from France. He was chosen to stand for Pennsylvania at the constitutional convention that planned and ratified the new U.S constitution. He took part in electing

Business Planning Assignment Example | Topics and Well Written Essays - 4000 words

Business Planning - Assignment Example Business Plan is consist of three portion planning. They are marketing plan, Operation plan, and financial plan. Considering the mentioned areas planning has developed the Business Plan for Charm Company. The hard and soft system factors need to be addressed by the manager carefully to make a successful business plan. Carefully evaluation is very important companies. Fully costed business plans are prepared and defended in some specific ways. "Best practice" is sometimes controversial. So company authority needs to carefully think and take best practice. And it is needed to implement precisely. A business plan is a formal arrangement of a set of business goals, the causes why they are believed attainable, and the plan for achieving the desired goals. A business plan also contains background information of the organisation or team who are attempting to reach those goals. Profit-oriented Business Plans usually focus on financial goals whereas non-profit and government agency Business Plans tend to focus on service goals. A business plan that has changes in view and branding as its primary goals is known as a marketing plan. Business plans may have focus on both internally or externally. Externally focused plans are important for external and financial stakeholders, sometimes investors, customers, and donors. Internally focused Business Plans consider intermediate goals needed to reach the external one. Internally focused plans include the development of a new product, a new service, a new IT system, a redistribution of finance, the refurbishing of a factory or a redesigning of the organisation. Here we will see how a business plan not only considering either internal or external, but focusing the both have been developed. And for this, we have chosen Italian Charm Company. Overview of Italian Charm Company: Charm Company is an Italian Company, which is located in Branson, Missouri at "The Marketplace" Shopping Centre. Their normal business hours are Monday to Saturday 10am - 6pm. They emphasize on the importance of customer service. Their knowledgeable staff members are not only friendly, but also charm enthusiasts tic. If the customers feel a charm is lacking in quality or design, Charm Company doesn't sell that showing respect to the customers. Their only goal is to bring their consumers with the finest quality charms, beads, and watches at reasonable prices. They accept VISA, MasterCard, and money order etc. All of their charms, watches and beads are handcrafted (fully made by hand, not by machine) in Italy from materials including 18-karat gold, real silver, cubic zircons, semi-precious stones, premium enamel, and stainless steel. Role,

ANSWER POST Essay Example | Topics and Well Written Essays - 250 words

ANSWER POST - Essay Example In this regard, I think this is a good way of thinking, but based on the fact that the Indian tribes had their tribal courts, I believe that Native Americans should also have their own courts although they may be in conflict with the traditional American system. The author of this post suggests that because the American Criminal Justice system is applied widely across the country, it becomes a touchy issue to establish Native American court. However, the author believes that it is the right of Native Americans to have their own tribal court system, although it may make it more difficult for the American justice system. The author also backs his claim by using a quote from NADCP that there are conflicting values in America which we should all be aware of. I agree with the author that the differences between different communities indicate some level of maturity. In this regard, operating tribal court systems alongside the American justice system despite their conflicts shows some maturity in terms of appreciating American diversities (Nielsen & Silverman, 2009). This post makes me to understand that we all have our rights to uphold our traditions, and tribal courts are the best courts to uphold such

“Things Fall Apart” as well as West Africa and Sundiata (Sunjata) Essay Example for Free

â€Å"Things Fall Apart† as well as West Africa and Sundiata (Sunjata) Essay In this essay I will be talking about the book â€Å"Things Fall Apart†, as well as West Africa and Sundiata (Sunjata).   I will look at the unique personal relationships among the people in West Africa, and how this affected the economy and trade, especially following the infiltration of the Europeans in 1450.   In analyzing the book â€Å"Things Fall Apart† I will further look at a fictional, but poignantly portrayed, story of life and death and drama in West Africa in the late nineteenth century.    I will discuss the role of women in the book, the role of religion, and the decision-making process. The book â€Å"Things Fall Apart† was published in 1958 and written by Chinua Achebe as a college work.   Mr. Achebe was actually born in, and grew up in, a village in Nigeria.   However, the book was set in the 1890s, so the story in the book was not written as any kind of a memory of Mr. Achebe.   The book is both entertaining and informative about tribal relations in West Africa. There is a unique relationship between the people of the tropical rainforest, the savannah (sudan), the Sahara Desert, and the Mediterranean coast of Africa in the period down to 1450 CE.   The savannah in West Africa is a climate and vegetation zone with grass and some trees.   In the savannah horses could survive.   This caused the people in the savannah to form empires. In the rain forests horses could not survive.   Across the Sahara Desert, trade was conducted by the use of caravans.   A caravan was a source of trade across the desert.   It took place mostly between Arabs and West Africans.   Caravans were initially comprised of donkeys, but later came to be made up of camels.   Finally, the people on the coast traded with the Europeans the things that were brought from the interior of Africa, as well as things found along the coast.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Certain patters of trade and cultural influence existed in these areas during this time period.   After 1450 when Europeans settled along the Western coast of Africa, more Africans moved to that area.   Slaves and gold were big moneymakers in the coastal villages.    The people in the book â€Å"Things Fall Apart† lived in the coastal rain forest.   Gold was mostly mined along the â€Å"Gold Coast†, and along the coast Africans would also help the European slave trade.   They would go into the interior of Africa and bring other Africans out to be sold into slavery.   Some coastal Africans were thus able to become rich from the pay they received from the Europeans.   Many Africans died in the process of being transported within Africa, and many also died during the boat transport after they left Africa. Although the role of women in â€Å"Things Fall Apart† is limited and mostly submissive, there is a certain power of women in the book.   When Chielo decreed the death of Ikemefuna she may have had a female motive for it.   Normally she is a widow and a very ordinary woman. However, as the Priestess and the oracle she can say what happens to other people and their lives.   By forcing the death of the boy, using claims that she had the gift of prophecy from the gods, she was able to gain control over the life of a child.   In her normal life as a woman she did not have this much control.   However, using her role as the oracle she was able to elevate her position in society above what her gender would normally allow her.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Additionally, women exerted certain limited police and judicial powers over the market place.   The incident of the escaped cow is a good example of this.   When the cow escaped in Chapter 12 the women preparing for the bridal feast quickly push the loose cow back home and away from the neighboring farmers crops (Achebe).   Their quick intervention, coupled with the cow’s owner immediately paying the find for the cow being in another farmer’s crops, led to a fast dissipation of any potential conflict entering the joyful feast.   The women were able to use their womanly ways to avert attention from the fact that the cow was eating another person’s crops, in order that the bridal feast could happily continue. Religion is very important in community decisions in Umuofia.   The gods in Umuofia made many decisions.   Actually, people dressed up as gods or speaking on behalf of the gods made the decisions.   A religion based on multiple gods, such as that in Umuofia, is called polytheism.   Animism is another religion common in Africa.   Animism is a religion whereby people worship and revere animals. In Umuofia there were also decisions made by people speaking simply as people.   An example of this is the assemblies of male warriors.   Various people speaking as people, in numerous capacities, have made decisions in West Africa, throughout history.   A chieftain in West Africa is .   A king in West Africa is important because the kings of Western Europe rules in Africa when they colonized West African nations and when West Africans were forced into slavery. Sometimes tribes also had kings.   An emperor in West Africa is another kind of ruler within the tribal culture.   The people of Igbo in â€Å"Things Fall Apart† did not have any Emperor or king, however.   They generally dispensed justice internally, with a system of democracy among the men in the tribe.   Additionally, the Igbo people had a high sense of social mobility and were not predestined into a certain class. (Classic Note On Things Fall Apart) There are reasons for the two types of decisions making processes.   When people are speaking as gods they are deferring to the decisions of the gods to actually make their own decisions.   For example, when the oracle makes decisions she is probably allowing her own bias to influence what she believes the gods are telling her.   When the British commissioner is speaking, he is speaking as a person for himself because he does not want to be seen as deferring judgment to anyone else.   He wants the credit for all of his judgments. In contrast, when people are speaking as people they take credit, as well as blame, for what it is that they are saying.   They do not try to shift their opinions onto anyone else.   Instead, they stand up and say what it is that they believe.   The new Christian converts and the missionaries in â€Å"Things Fall Apart† were speaking on behalf of themselves and their own beliefs when they spoke.   They did not claim to have the gift of prophesy and speak on behalf of gods.   Neither did the British commissioner when he dispensed justice; when the British commissioner dispensed justice he spoke as a person speaking as a person, not as a person speaking for a god. In conclusion, the tribal people in West Africa were vastly affected by the infiltration of Europeans beginning in 1450.   Trade had historically been done by caravan on donkeys between Arabs and West Africans, but caravans later changed to be comprised more of trade on horses.   After 1450 Europeans were also actively involved in trade in West Africa, mostly of Gold, along the Gold Coast, and of slaves.   The slave trade made many Africans rich, and many Africans initially brought other Africans out of the interior of Africa out to be sold into slavery. Religion was also affected by the colonization of West Africa by the Europeans; Europeans brought Christianity to West Africa in a way that it had not been brought before by just missionaries.   Additionally, justice changed dramatically when Europeans arrived.   Europeans brought their own justice and their own white men to administer it.   In general, â€Å"Things Fall Apart† showed all of these aspects of West African society in the later nineteenth century.   And, importantly, â€Å"Things Fall Apart† served to realistically remind readers that the people in West Africa were intelligent tribal people who were hurtfully affected by British rule. REFERENCES Classic Note On Things Fall Apart. GradeSaver. 28 May. 2005  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.gradesaver.com/ClassicNotes/Titles/things/about.html. Achebe, Chinua. Things Fall Apart. New York: DoubleDay Company, Incorporated,   1994.

Mergers and Acquisitions | Literature Review

Mergers and Acquisitions | Literature Review Having read and analysed the various literature available on the topic of mergers and acquisitions it is clear there are many conclusions and views on the long term performance of both the target and acquirer post takeover. The first article I have analysed is Andrade, Mitchell and Staffords New evidence and perspectives on mergers which gives a general overview of mergers and how the pattern has changed over the years. The 1960s seen a large number of deals relative to the number of publicly available targets, therefore the proportion of deals to targets was large even if the actual number wasnt as big as in the succeeding years. The 1980s then led to more important levels of takeovers with multi-million pound deals taking place. Around this time almost half of all major US companies received a tender offer. Now at present day and from the 1990s we have seen a combination of the previous 30 years trends, with a large number of large value mergers taking place. [1] The next part of this journal then looks at the winners and losers in a merger deal both in the long and short term. In both cases the average abnormal stock market return is used to measure value creation or destruction. In the short term the stock prices quickly adjust following a merger announcement and the effect of the merger should be incorporated into the stock price by the time the merger is completed. The choice of event window then determines whether it is a short or long term study, with short term being the three days surrounding the merger ( i.e. one day either side and the day itself). A longer window would be several days before merger ending at the completion; the performance would then be looked at in the longer period after this window. The overall results from merger activity shows that target shareholders are clearly the winners in merger transactions, with research from this paper highlighting the 3-day abnormal return for targets to be 16% with this figure rising to 24% in longer windows. However the evidence for acquiring firms is not so easily analysed, with the average three day abnormal return being highlighted in the paper as being -0.7% and -3.8% over the longer window. However the difficulty comes when analysing these results as although the estimates are negative they are not reliably so as these figures will include the costs of making the bid and financing the takeover. Therefore it is unreliable to say that acquirers are losers in mergers, but it can be seen that they are not big winners in the same way as targets. [2] To summarise this it can be seen that mergers seem to be value creating for shareholders overall, but the target achieves all of the merger gains around the announcement. It has also been argued that acquiring firms in many instances have come close to matching these transactions in the opposite direction; however this is not always the case. The final section of Andrade, Mitchell and Staffords paper focuses on long term event studies and the long term abnormal returns which go with it. The paper mentions that some recent long term event studies measure the negative abnormal returns in the few years following a merger and find some interesting results. They state that some investors fail to properly notice the full effects of corporate announcements and as a result this casts doubt on our previous findings in relation to the announcement-period event window. This is therefore out of line with the Efficient Market Hypothesis where the market will respond quickly and efficiently to new information. Other literature mentions that there is the potential in the long term for both over and under reaction to information and this is something we will analyse in more depth later. Alan Gregorys 2005 journal entitled The Long Run Abnormal Performance of UK Acquirers and the Free Cash Flow Hypothesis mentions a potential drawback of long term event studies. He argues that if long term expected returns are only estimates of the true vale then as a result it follows that the long term abnormal returns will be incorrect. However this problem is seen to be less significant in short window event studies as the returns are seen to be accurate and therefore more reliable. The Andrade, Mitchell and Stafford journal gives a general overview of the topic of mergers, both in the past and present situation. Having established a general understanding I then looked at more precise literature which discusses certain aspects including the post merger performance of both acquiring and target firms. The conclusions gained will ultimately form the basis of my empirical investigation. The majority of texts I have researched base their results on the post takeover performance of the bidder, while some texts also look at the performance of the merged firm after the takeover. The most common conclusion from the various available texts on mergers is that in the short term target shareholders gain and bidders do not lose. However in the long term it is seen that many firms experience abnormal performance in the few years following a merger. One of the most commonly referred to journals based on this conclusion is by Jensen and Ruback and is called The Market for Corporate Control. It was one of the first pieces of literature to comment on the effects of corporate takeovers on shareholders and is therefore commonly used as a basis in later reviews as well as the Hubris Hypothesis which will be discussed later. The results from their analysis based on US companies are that mergers create positive gains, target shareholders benefit and the bidding firm shareholders do not lose. [3]However conclusions made later suggested there were still many controversial issues to be resolved regarding corporate control, for example all the findings in this research lead to positive results on shareholders however this may be as it is difficult to find actions made by managers which would actually harm shareholders. [4]The paper also comments that the long run post merger performance is a problem area as it yields results contrary to market efficiency, and in most texts this is described as a market anomaly. It is stated in the journal that negative abnormal returns suggest that deviations in the stock price are related to the overestimation of future gains from mergers. Although there has been a lot of research into the market for corporate control, there is still a lot more to be done in this area and Jensen and Rubackss forms the basis for future analysis. Firstly in Shareholder wealth effects of corporate takeovers by J.R Franks and R.S Harris they come to the same conclusion that targets benefit and bidders do not lose in relation to UK companies after basing their investigation on the results of Jensen and Ruback (1983) which came to this conclusions after using a data set of US companies. A small number of papers found differing results at this time, namely Firths articles in 1979 and 1980[5] which found that in the UK targets gain and bidders lose and in 1977 Franks, Broyles and Hecht[6] find that both parties gain. Franks and Harris found that a drawback of these results like many other studies was that either the sample size was too small or the sample was taken over too short a period. To combat this they made sure their sample was taken over a 30 year period from 1955-1985 and that it was a comprehensive study of a large number of companies involved in UK takeovers. The conclusion reached was that most mergers are value creati ng for shareholders, with the target achieving most of the gains and the bidder either breaks even or makes small gains. This was found by analysing the equity market price in the event window around the merger date. Franks and Harris however did find a potential problem relating to post merger performance as it is dependent on the benchmark returns against which bidders are evaluated; however this may lead to analysts finding false results depending on the timing of the merger. For example if a bidder times the merger event to coincide with a time were their own stock is doing well then it may produce false results as the good performance of this stock would cancel out and give an overall good performance no matter what.[7] Franks and Harris measure abnormal returns using three varying methods for the 24 months following the unconditional date. These are namely using a market alpha and beta combination, using a market model and using the CAPM asset pricing model. This can clearly b e seen from table 10 (page 245) in the journal and this should be looked at as an area which may require further research. Finally comparisons between the UK examination by Franks and Harris and Jensen and Rubacks US equivalent come to two main conclusions. Firstly target wealth gains in both the UK and US have increased since 1968, as a result of bidder wealth effects and secondly after the form of the original offer is controlled, targets gains are similar for both the UK and US. This may suggest that the wealth effects of takeover are comparable in the two countries. [8] One of the most widely recognised pieces of writing relating to corporate takeovers is by Richard Roll in 1986 and is entitled The Hubris Hypothesis of Corporate Takeovers. This journal was written in order to gain a different view to previously written articles and ultimately to disprove Jensen and Rubacks summary in their 1983 investigation on the market for corporate control. In Jensen and Rubacks conclusion they stated that corporate takeovers generate positive gains, and that the target benefits and bidders do not lose.[9] This result fits in with most other research on corporate takeovers; however Roll manages to give a different side to the argument by firstly looking at takeovers in general. He states that there are no gains from takeovers, however some bidders believe there are and such bidders are said to be infected by Hubris. This ultimately led to managers making poor decisions. Going back to the actual bid itself, the first step of a takeover is for the bidding firm to identify a potential target and value that target. This value is then compared to the current market price and if the value is greater than the price the bid is made and becomes public, otherwise the bid is abandoned. Roll comes to the conclusion that Decision makers in acquiring firms pay too much for their targets on average. [10]The Hubris Hypothesis also predicts that around a takeover the combined value of the target and bidder firms should slightly fall, and individually the bidding firm value should decrease, whilst the target value should increase. It is also stated that the overall gain to mergers, excluding costs is zero. Something which makes little sense as it would obviously seem to discourage takeovers. It should also be noted that the Hubris Hypothesis is consistent with semi-strong market efficiency.[11]Many academics believe that the Hubris Hypothesis is one of the most important pieces of writing in relation to takeovers. They say that if there really are no gains from takeovers then the Hubris Hypothesis is important in order to explain why the managers would not abandon such bids. The hypothesis finds some problems when interpreting the bidding firms returns as a bid can obviously be anticipated and therefore at announcement the return value does not give an entirely true value as it is anticipated. There are also however a few arguments against the use of the Hubris Hypothesis and its results. Firstly it has been suggested that Rolls hypothesis implies that managers act against shareholders interests. This is suggested in several recent papers and the conclusion reached is that the evidence is consistent with conscious management actions against the best interests of shareholders[12]. However the Hubris hypothesis on the other hand doesnt rely on this result and states that it is sufficient evidence that managers act against shareholder interests when they issue bids based upon false valuations of the target firm. Another argument against Hubris is that it is said to imply inefficiency in the market for corporate control. However if all takeovers were to be prompted by Hubris as has been suggested then shareholders could stop the practice by stopping managers to make bids. Therefore since this is not the case then Hubris alone cannot explain the takeover phenomenon. Overall the re are many arguments both for and against Richard Rolls Hubris Hypothesis however most of the arguments against fail to be fully supported and as a result the Hubris Hypothesis remains as one of the most important pieces of literature on the subject of corporate takeovers. In 1974 a pioneering study taken by Gershon Mandelker in his journal entitled Risk and Return: The case of merging firms found that there were gains from takeovers and found results were consistent with two hypotheses. Namely, the perfectly competitive acquisitions market (PCAM) and the efficient capital market hypotheses[13]. His study examines the market for takeovers and analyses the impact that mergers have on the returns of the shareholders involved. Previous studies state that acquiring firm shareholders earn abnormal returns following a merger and some of which actually state that most mergers tend to be unsuccessful. This relates to a study by Hogarty[14] who stated that mergers actually have a negative effect on the merged firm value. However based on this assumption it would seem odd that firms would enter into mergers, though Hogarty states that this is because mergers suit risk taking managers and although the majority of these takeovers lead to losses for the acquiring f irm, a small portion lead to extraordinary profits which is why they are still so common. There are however certain problems which exist in these previously undertaken studies. The majority of which use small samples which can lead to biased or untrue results, and the second problem is that the studies tend to use primitive models which fail to take into consideration any risk or changes in risk. As a result this provided the motivation of Mandelkers study as he tried to include these factors and come to a new conclusion. The principle aim of Mandelkers study was therefore to investigate the acquisitions market using empirical methods to examine the returns of both the acquired and acquiring firm shareholders. In order to do this the author tested two main assumptions. Firstly he analysed the perfectly competitive acquisitions market hypothesis which based its testing on previous literature which stated that acquiring firm shareholders gain abnormal returns following a takeover. However the problem with this result was that it lacked significant empirical support, in fact in a majority of previous studies it was actually found that the acquiring shareholders experienced negative abnormal returns following a merger. These findings therefore fit in with the hypothesis that acquiring firms operate in a perfectly competitive market. Even though it is found that the acquirers experience negative abnormal returns following a merger there is no evidence that they overpay and therefore they do not lose from m ergers. In relation to the acquired firm shareholders it is found that they achieve most of the gains from takeovers and therefore in relation to the perfectly competitive acquisitions market Mandelker finds that there are zero gains achieved by the bidding firm shareholders and that the target firm shareholders obtain the gains from the takeover before the firm disappears. The second hypothesis tested was the Efficient Stock Market hypothesis. Mandelker investigates how the stock market reacts to the announcement of takeover information, with many previous hypotheses stating that the stock market fails to properly react to the announcement of merger information. However in his study Mandelker finds results which are consistent with the Efficient Market Hypotheses and therefore stock prices of the involved firm at the time of merger already reflect all available information. Therefore as a result it is impossible to earn abnormal returns once a takeover becomes public as the stock price will have reacted immediately. Overall Mandelker finds that the acquiring firm shareholders earn normal returns following a merger and that any gains from mergers are entirely of the acquired firm shareholders. Another key piece of literature I have summarised is Dodd and Rubacks Tender offers and shareholder returns. This journal looks at the stock market reaction to both successful and unsuccessful tender offers. The findings show that bidding shareholders earn significant positive abnormal returns in the twelve months prior to takeover, whereas only successful bidders earn significant positive abnormal returns in the month of the offer. The main section of the paper is based on these results and the paper investigates two alternative hypotheses, namely the positive and zero impact hypotheses. Firstly we look at the positive impact hypothesis, where it is stated that the announcement of a merger will lead to positive information about the two involved firms and as a result will cause the stock prices of these firms to rise. There are many reasons for a positive impact and the main reasons are firstly increased market power. Empirically Dodd and Ruback find that for successful bids the tar get and/or the bidder benefit from the takeover, however with regards to unsuccessful bids neither the bidder nor target will gain from the process. A problem with unsuccessful bids is that they cost both the bidder and target during the process of the bid and this is why they can experience negative abnormal returns. An alternative hypothesis is that the gains arising from takeovers can be attributed to the increased product efficiency which is namely synergy. Therefore the synergy hypothesis states that the combined value of the merged firm will increase as a result of the merger. This will therefore again yield positive abnormal returns for a successful takeover and either zero or negative abnormal returns for an unsuccessful takeover. As a result of this it can be seen that the monopolistic market power and synergy hypothesis are very similar and carry similar results. Finally the third hypothesis is the internal efficiency hypothesis. It states that the target was underperformi ng as a result of poor management of assets and also states that this is something the bidder feels can be rectified. Therefore it is believed that a takeover can be used to discipline inept management. As a result an announcement would be seen as positive news by target as it is stated that shareholder wealth will increase with removal of inefficiencies. However the impact on the bidding firm depends on whether the bid is successful or not. Successful bidders will experience positive abnormal returns following the takeover; however unsuccessful bidders will experience zero abnormal returns following the bid. Secondly, we analyse the zero impact hypothesis which states that corporate takeovers have no impact on the value of firms involved. This therefore implies that there are no net gains as a result of merging with another firm. The empirical implications of this are that in successful tender offers the shareholders of both the bidder and target earn normal returns. However Mandelker, as we have just mentioned, disagrees with this statement and states that acquired firms are seen to have positive returns for the twelve months before and 85% of gains occur in the five months post merger. Earlier studies report that stockholders involved in completed mergers earn abnormal returns before the date of merger. However these studies dont look at the first public announcement of the acquisition therefore we cant determine whether gains observed before the acquisition date reflect the market reaction to announcement of acquisition or to prior good performance unrelated to the merger. Therefore D odd and Ruback isolate the market reaction to the announcement of the takeover in order to gain a true conclusion of shareholder performance. It is seen from calculations in the journal that in the month of announcement target shareholders earn large and significant returns of 20.58% for successful offers and 18.96% for unsuccessful offers. Whereas successful bidding shareholders also earn positive abnormal returns however these are a lot smaller (2.83%), and unsuccessful bidders earn normal returns. It should be noted that Dodd and Ruback find that if a firm experiences abnormal returns in the month of the announcement that both the positive and zero impact hypotheses can be rejected. Therefore in conclusion to the above Dodd and Rubacks paper had a big impact on the information available on mergers as they were one of the first academics to assess the market reaction to unsuccessful takeover attempts. Finding that stockholders of unsuccessful bidding firms earn normal returns following the bid and that unsuccessful targets earn significant abnormal returns in the month following the bid. From all the analysis it can be found that the primary motive for takeovers is the removal of inefficiencies, with the target seen to become more efficient as a result of both a successful and unsuccessful bids. These results are actually similar to those experienced by Mandelker as most of the takeover gains accrue to the target shareholders. The journal I have looked at next is Healy and Palepus, Does corporate performance improve after mergers? and analyses the corporate performance of the merged firm post takeover. This article looks at the post merger performance for the fifty largest US mergers between 1979 and 1984. The academics motivation in producing the journal as they have was the inability of previous stock price performance studies to determine exactly whether takeovers create economic gains and if they do what is the cause of such gains. The findings show that merged firms show improved cash flow returns post merger and they are seen to be generated by an increase in asset productivity in their relative industries as a result of the combined firms size. It should also be noted that the improvements in cash flow immediately following the merger are not at the expense of long term performance, as the firms will maintain both capital expenditure and RD rates relative to their industries post merger. The final c onclusion that Healy and Palepu draw is that there is evidence of a strong positive relationship between the post merger increase in cash flows and the abnormal returns at the merger announcement. Overall then Healy, Palepu and Ruback find in their investigation that merged firms overall have shown significant improvements in cash flow returns following merger. It should also be noted that improved performance is strong for firms in highly overlapping business. Some pieces of literature analyse the long term performances of both the acquiring and bidding shareholders in the years following the merger. One such example is Agrawal, Jaffe and Mandelkers 1992 article entitled The Post Merger performance of acquiring firms: A Re-examination of an Anomaly. They comment that existing articles on the post-merger performance of acquiring firms give conflicting opinions and therefore their motivation is to come to a definitive conclusion on what actually happens. They state that although not all previous literature has resulted in post-merger underperformance this could be attributed to biased results through firms not properly adjusting for size or shifts in beta. There are many implications in relation to consistent post-merger underperformance with the main implications being the following; firstly poor performance following a merger is not consistent with the Efficient Market Hypothesis and would suggest that the market is failing to fully react to the merger announcement. This then leads to a problem regarding the second implication which finds that in majority or literature regarding post-merger performance finds that performance is based on the key assumption of an efficient market, which as we have just found is not entirely true. The implication is more in line and suggests that poor post-merger performance fits in with other information which suggests poor economic performance following a merger, with Caves et al being cited as a key writer on this subject. This therefore provides the motivation for Agrawal, Jaffe and Mandelker to undertake a thorough analysis of the post-merger performance of acquiring firms using a near exhaustive sample of mergers between targets in the period of 1955 to 1987. The results of this indicate that acquiring stockholders experience a loss of around 10% over the five years following the merger, and this leads Agrawal, Jaffe and Mandelker to analyse the reasons for this. One possible explanation may be that the market is slow to react to the merger and therefore takes a longer time for the impact of the merger to set in, i.e. the loss in shareholder value. This therefore provides the question as to whether this result is time specific and in order to evaluate this Agrawal, Jaffe and Mandelker analyse the post-merger performance of acquiring firms over the last 3 decades. The results of table 2 in the journal show that the anomaly does not change over time and as a result does not appear to be time specific. Therefore this does not support the view that negative abnormal performance is a result of market inefficiency. In order to try to explain the post-merger performance the academics drew up two hypotheses to obtain a conclusion. Firstly, the market adjusts fully to the announcement of a takeover and any underperformance is due to other factors. And secondly, the market may be slow to react to any takeover information and therefore any post-takeover underperformance is reflected in the negative NPV, therefore market inefficiency is present. The alternative hypotheses are then tested by regressions of the post-merger abnormal returns and the announcement period abnormal returns. From this it is seen that there is a significant negative relationship over the full sample and as a result it can be seen that the post-merger returns and announcement period returns are both related. Therefore in conclusion to all of this analysis Agrawal et al find that acquiring shareholders experience negative abnormal returns in the 5 years following a merger. It is also clearly seen that the market has failed to become more efficient over time as the anomaly holds for all of the previous 3 decades apart from the 1970s. Overall it is found that the results are not consistent with the hypothesis that suggests the poor performance is attributed to slow reaction to information. To conclude Agrawal, Jaffe and Mandelker find that the efficient market anomaly of negative post-merger performance is not resolved. Eugene Fama made key arguments when he introduced the Bad Model Problem in his 1998 journal Market Efficiency, long-term returns, and behavioural finance. In this journal Fama states that we should not abandon market efficiency as he argues that long term return anomalies are basically only chance results, with overreaction of stock prices just as common as under reaction. In the article he states, Most important, the long-term return anomalies are fragile. They tend to disappear with reasonable changes in the way they are measured. Basically Fama says that the anomalies are either chance results or results of a bad model. However following this argument it is difficult to decide how to interpret post-takeover performance. This is a confusing area and one which yields differing results. Many of the previous long term event studies seem to suggest market efficiency, especially under and overreaction to information. This therefore poses the question as to whether market efficiency shou ld be discarded, with Famas response being a definitive no. The reasoning behind this is that an efficient market generates events which seem to suggest an over-reaction in prices following an announcement. However, in an efficient market over and under-reaction are both equally likely. Therefore if the aforementioned anomalies are shared randomly amongst the two then it is consistent with market efficiency. Analysis of previous studies suggests this to be the case. It has also been suggested that these anomalies are sensitive to the methodology selected and can vary or even disappear when a different model of expected returns is employed. Overall, with regards over and under-reaction, long-term return literature does not highlight one or the other to be more dominant. Thus a random split is always likely and as such market efficiency is maintained. With regards the methodology employed, Fama argues against the use of the buy and hold abnormal return (BHAR) as the systematic errors that arise with imperfect expected return proxies (the bad model problem) are compounded with long horizon returns. He also states that the use of methodology that ignores cross sectional dependence of event firm abnormal returns that are overlapping in calendar time is likely to produce overstated test-statistics. Fama then goes on to support the use of a monthly calendar time approach to measure abnormal returns in the long term. The reasoning given is that the use of monthly returns makes the study less affected by the bad model problem. Also, forming calendar time portfolios ensures that the cross correlation of event firm abnormal returns are taken as part of the portfolio variance. Despite Famas preference of the calendar time approach, Lyon, Barber and Tsai (1999) and Loughran and Ritter (1999) prefer the BHAR approach as it accurately represen ts investor experience. Another study which analyses both the bidders and acquirers post takeover performance is Glamour, value and post-acquisition performance of acquiring firms by Rau and Vermaelen, which uses a long horizon event study to analyse the shareholder performance in the three years following a merger. They find that bidders in mergers underperform, while bidders in tender offers over perform post merger. The main motivation in undertaking this study is to try gain a definite conclusion on the long run performance of bidders in both mergers and tender offers. This is done by looking mainly at bidders underperformance in the long run following a merger, and also what causes underperformance, if any. The paper compares results from the study by Jensen and Ruback (1983) which analyses six studies examining bidders returns in the year following a takeover. This study finds that following a tender offer bidders earn positive abnormal returns, whereas bidders underperform post merger. From the acqui rers point of view Rau and Vermaelen find that acquirers in tender offers earn small but statistically significant positive abnormal returns, however the long term underperformance of acquiring firms in mergers is not uniform across all firms. These findings go on to help support the hypothesis that the market overexpolates the past performance of the bidder and therefore as a result the market, management and shareholders overestimate a glamour bidders (bidder with good past performance) ability to do such a good job in managing similar companies. In a similar way the market seems to be pessimistic regarding a value bidders potential to manage other companies. (where a value firm is a firm with poor past performance). However value firms bidders are not affected by hubris in the same way as glamour firms, and therefore as a result are likely to be thoroughly scrutinised by directors and majority shareholders before a transaction is initiated. The biggest problem is that is appears the market fails to realise that past performance is not a good indicator of future performance. To conclude this paper helps to add to a large sample of evidence suggesting that short term event studies fail to fully capture the market reaction to an event. Therefore it is suggested that future studies must try to explain why markets tend to react sluggishly to corporate finance and strategic decisions. Analysis of post takeover performance has be