Critically evaluate, in relation to the common law duty of care, the Essay - 3

Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered b - Essay Example In other four similar cases in 2002, the Court of Appeal stated that for employees to gain compensation from their employers, they must inform the latter of their stressful working conditions and give them a chance to remedy the situation. Damages for psychiatric injury caused by stressful working conditions can only be recovered where the employee exhibited clear signs of the injury suffered. This must have been reasonably foreseeable by the employer. Liability for psychiatric damage can be claimed where the employer breached a duty of care by not acting in response to the reasonably foreseeable signs of damage (Munkman, 1990). Courts developed volenti non fit injuria, where the employee (defendant) had to prove the employer’s liability beyond a reasonable doubt in the 19th Century. This law excluded claims by employees against their employers. This law commonly affected the manufacturing industry. Imposing such vast liability would be too costly and would impede the growth o f the industry (Butler, 2002b). An employee who suffered from psychiatric illness due to stress at work is not enough to claim reparation of damages from the employer. In the Rorris on case, Lord Reed ruled that there must be a recognised psychiatric illness and not mere depression or anxiety. The defendant could recover damages only if she sustained a psychiatric illness commonly recognised as psychiatric disorders by a recognised a psychiatrist. She also had to have never been diagnosed with psychiatric disorder before. An action based on mere negligence only is not sufficient for a claim (Butler, 2002a). An employee who successfully proves the case can claim primary liability or vicarious liability. To claim primary liability, the employee must prove: Existence of a Duty of Care The employer’s duty is to offer reasonable care and to avoid exposing a member of staff to preventable risk of injury. This is depicted in the Walker vs. Northumberland County Council (1995) case. Similarly, in Cross Lord MacFadyen said that an employer’s common law duty is to provide conclusive care for his worker’s wellbeing and health. This should extend to include a reasonable duty of care, which does not expose the worker to working circumstances that have the potential of bringing him or her mental damage or disease (Selwyn, 1990). Foreseeability If a prediction cannot be made, then duty of care will not arise. A worker would have to prove that, on his part, the risk of getting psychiatric injury was predictable. Anguish, anger, sorrow and anxiety cannot attract reimbursement because they are ordinary feelings experienced by all human beings (Giliker, 2010). People can claim rewards only in situations where psychiatric illness is reasonably foreseeable. This was the case as indicated by Lord Bridge of Harwich. Breach of Duty If the injury is foreseeable, then follows the inquiry of whether or not there is breach of duty of care. To determine this, complain ts made by the worker should have been clearly recorded. The history must sufficiently prove that the employer was aware that a psychiatric illness was likely to occur due to the employee working under stressful conditions. Then it should be determined whether the employer acted promptly by initiating a probe into the issue. If so, it is hard to say

Operation management Essay Example | Topics and Well Written Essays - 500 words - 1

Operation management - Essay Example A comparison of Toyota and IKEA has highlighted that different companies have different styles of working and operating the end results of these can have a different affects on the business. It is clear that although the companies have different styles of working and different approaches to almost every decision making in the company, the success levels of the two companies has been recognized and known world – wide. In terms of the strategy the two companies have been recognized to be very different as Toyota has relatively much lower options of products but IKEA on the other hand has many products hence the costs of the company is also relatively quite high. Considering the innovativeness of the companies, the two companies need to have equally high levels of innovativeness. The two companies have also concentrated on the quality levels which in turn leaves the two companies highly successful. The redesigned process flow chart helps ensure that the customers are satisfied and there is a complete level of an effective and efficient process rather than having a process which seems very confused. In conclusion it is safe to say that the continuous improvements like that suggested by all authors, the companies will be able to have much better, effective and efficient quality management programs in the workplaces. Quality is one of the most essential aspects of every business and the success of a b usiness is directly impacted by the quality of the processes, products and services. Hence it is essential for businesses to recognise and choose the right theory to be applied for the business or the right combination of the various theories that will benefit the

Modern Society Essay Example for Free

Modern Society Essay Modern society which is very complex and often contradictory has its origin in the ancient times as far back as 4000 years ago. Deeply rooted in spirituality, yet having equal attraction towards materialism, sometimes leading to unethical behaviour, inclination and commitment towards science, logic and reason, yet superstitious practices are rampant. Untouchability has been constitutionally abolished and caste and community based discrimination banned, its practice is common and it is a major tool of vote-bank politics in India. Thus, Indian society presents a contradictory picture and can be seen in the perspective of a society in the process of continued change or flux. Social change is a broader term which implies change in infrastructure, facilities and their distribution, change in thought, attitude and behaviour of the people, change in faith, culture, tradition and living styles, etc. Change is a natural inevitable process which continues in every age and will continue to happen even in future. Social infrastructure, cultural, attitudinal and behavioural changes do not remain static. They continuously change with the passage of time. It is the result of this natural process of change that life underwent sea change from the Stone Age to the Computer Age. Social change basically constitutes a transformation at all level of thought, behaviour and action that does not presuppose either a strict positive or negative impact. In fact, the impact cannot be confined to one direction only. Indeed the change has both positive and negative impact which may lead the society towards progress or regression. Social change is not a sudden process. It is a gradual process which takes lots of time to happen. Neither is it the result of any single factor. It is the result of so many factors which include demographic, technological, political, economic, cultural and legal. Generally, social conflict, growth and expansion and knowledge and scientific and technological advancement lead to social change. Indeed, the research and advancement in the field of science and technology bring about a change in the outlook of society. Besides, the demographic factors also contribute to social change. Rising population, rampant illiteracy, housing and health problems, large-scale migration, etc. all have a bearing on social climate. Rapid industrialisation resulting in economic development and urbanisation has brought about the growth of slums in urban areas as well as a great disparity in the standard of living. After independence, the country with the help of fundamental rights tried to bridge the social gap by providing right to equality to all its citizens and abolished untouchability. No doubt, it has a positive effect on society. It has brought about a decline in social discrimination and reduced the exploitation of the poor. Cultural factors like Sanskritisation, i. e. the process explaining the upward mobility of a sub-caste group in a caste hierarchy, traditional attitudes and customs of the people. Law is also an important tool to bring about social change. In the post-independence era, the Indian Government has taken numerous measures that concern society. The Constitution refuses to recognise the distinctions of religion, sect, caste, sex, etc. in the matter of the opportunities of civil life. It has largely mitigated a number of social evils resulting from the pluralisitc nature of Indian society with regard to religion and caste. Freedom of belief as a Fundamental Right has made religion a personal choice rather than its earlier compulsive and all- pervasive nature for a family or a group. Endogamous nature of casteism is now on the wane as intermarriage, and even inter- religious ones have been legalised. Reservations in jobs and freedom in the choice of vocations have encouraged vertical mobility of many families, irrespective of their caste and class affiliations. In short, laws play prominent role in social changes. Family, which has been almost universally considered the ideal and perfect living arrangement, and the backbone of social structure has undergone a transformation under the impact of industrialisation, urbanisation, spread of education, large-scale migration and other changes taking place in different spheres of life. Nuclear families have taken the place of joint family system. Common residence and property are being substituted by functional joint families, who fulfil their social obligations towards each other and come to help each other in their hours of need. Now old age is perceived with fear. This is rather recent phenomena. The old are now taken as a liability. Old age is viewed as an unavoidable, undesirable and problem-ridden phase of life. This is one of the gifts of modern life. In recent times, economic development and technological advancements have been rapid. They have an inevitable impact on social attitudes and values. This progress has led to the loss of cherished values. With enhanced earning, power and growing consumerism, the parents and children have altered their response to family life. The nature of parenting nd role of spouses have undergone sea change. Family bonds are eroding fast in society, it is particularly frequent in urban society where youngsters, in large numbers, migrate for studies or jobs, their parents, left alone, are faced with the problem of emotional loss and a fear of future. Economic independence has brought in its wake, individualism. In an economically independent society everybody wants to asse rt himself. A man wants his prominence in various spheres of life. He no longer likes to be ignored or undervalued. It has tremendously affected the woman. Now she wants her role in family and society as well. This is, in fact, a challenge to the traditional view of society that women as a class are inferior to men. However, her role in decision-making is assuming significance. Modern women are quite aware of their rights and privileges. At the same time social attitude towards women is also changing, though the process is slow. Today’s society is one of freedom and inquiry. In this age of individualism, authority is no longer unquestionably accepted by children. In this age of Information Technology, children are often more informal and aware than their parents. They no longer stand in awe of parents or any elderly persons. Human values and ethics have taken a backseat. Relations today are increasingly based on mercenary considerations. As a consequence, warmth and obligations have been lost in society. This, in a way, leads to conflict and confusion, adversely affecting family bonds or ties. Age old values of tolerance, hospitality, warmth of attachments, politeness and patience are fast fading out. However, some changes in society are pleasant and encouraging. Technological innovations have changed even the common people’s way of life. This change can be felt even at the village levels. The prevalence of superstitions and evil practices are no longer as frequent and common in society as they were during the pre-independence era. The accessibility of mass media has changed the village life also. The thinking behaviour and lifestyle of the villagers have tremendously changed. This exposure, though not always beneficial, has served to open Indian minds to receive new ideas and views. As a whole, the change on the mental level, has been slow, however, it is encouraging. Thus, at every level and in every sphere, Indian society is experiencing changes. The changes are more pronounced and noticeable in terms of dress, behaviour and egalitarianism while traditional beliefs, even if they are outdated and redundant, are practised and refuse to give up their hold on Indian society. Thus, the contradictory situations create confusion and sometimes lead to conflict. The prevailing anger and frustration arising out of inequality in development, loss of values accompanied by a greedy, grasping mercenary attitude, growing corruption on the part of authorities and the ‘elite’ find expression in the form of violent responses from the oppressed and the downtrodden. Several secessionist movements in different parts of the country are attributed to this retrogressive changes taking place in society. The change is inevitable in a dynamic society but it must be guided by some principles so as to ensure a better future and a progressive society in which everybody can enjoy his share in peace and prosperity. Besides people must be educated and enlightened enough to take its positive impact while ignoring the negatives for the betterment of individual as well as society.

The South Korean Plastic Surgery Craze

The South Korean Plastic Surgery Craze Plastic surgery has become a craze among South Koreans since the beginning of the twenty first century. South Korea has the highest rate of plastic surgery than any other country in the world, with 74 procedures per 10,000 people (Winchester, 2013). Majority of people in Korea believe that facial appearance is an important factor in measuring one’s success in life. This paper argues that plastic surgery in South Korea needs a limitation and the plastic surgery craze in Korea has to be stopped. Three reasons why plastic surgery has to be reduced are because of plastic surgery addiction, standardization in physical appearance and side effects of cosmetic operations. Plastic surgery was introduced in Korea by Dr. Ralph Millard, an American plastic surgeon, who arrived in Korea in 1954 and performed double eyelid surgeries for Korean patients (Stone, 2013). Millard’s role was to help treat accident and burnt victims but he decided to help in a different way. Millard thought that a more western appearance would help Koreans assimilate better in the emerging international economy. (Millard. R, n.d.). The surgery quickly caught on and the first aesthetic surgery clinic opened in Korea in 1961. From then, numbers of women undergoing plastic surgeries increased from year to year. Currently double eyelids and nose jobs are so common that they are not named surgery but called as â€Å"procedure†. It is true to say that once Koreans desired to look more western, but nowadays cosmetic operations are not to look more western but to look more stunning as what Koreans think. According to Dr. Hyunenong Park (as cited in Stone, 2013), a plastic su rgeon in Korea, said â€Å"Even though many Caucasians have small and slim faces, it doesnt mean Asians want to be like Caucasians. If you inspect some Caucasian celebrities, you find countless examples of prominent jaws and high cheekbones. Nonetheless, if you inspect Asian celebrities, they all have small jaws and cheekbones. That’s because small and slim face is ideal to most Koreans†. This shows that Koreans undergoing plastic surgeries still look for distinctively Korean feature, rather than looks similar to Caucasian. Some people argue that plastic surgery boosts self-confidence and decreases the rate of depression in patients. Patients suffering from a health issue related to physical appearances had a great change in how they feel about themselves after procedure. For instance, a study found that patients who surgically altered their physical appearance, claimed to achieve their goal, felt healthier, less anxious and developed more self-esteem compared to those who chose not to have plastic surgery (Royal University of Bhutan, 2013). Moreover, researchers found out that plastic surgery plays a major role in decreasing depression in patients with appearance issues. Research carried out by the American Society of Plastic Surgeons (2006), demonstrated a high correlation between plastic surgery procedures and mitigating depression in patients. The research showed 31 percent of the patients electing for the procedure who was currently on anti-depressants, had stopped taking anti-depressant medication for six months, after the surgery (American Society of Plastic Surgeons, 2006). This shows that plastic surgery does play an important role in enhancing ones self-esteem and decreasing the level of depression but overdone plastic surgeries are causing major problems in our society. Peoples obsession with plastic surgery, is one of the reasons why plastic surgery needs to be reduced. Most of the people have something they don’t like about their appearance, but if it is not serious and does not affect our daily live, it is not necessary to undergo surgeries. Whereas in Korea, people have become more open about ‘reconstructing’ their face and procedures like eye-and-nose jobs have become what they call â€Å"basics† Furthermore, people’s obsession with plastic surgery is moving on from the ‘basics’ to radical surgical operations that require long painful recovery period which is potentially dangerous surgery (Standen, 2013). These people who are not satisfied with their current appearance and go through numerous procedures are suffering from Body Dysmorphic Disorder (BDD). BDD refers to people who continually find flaws in areas where there are no flaws and need to proceed several times of surgeries (ADAA, n.d.). They perceive themselves as being ugly while others could see him or her as physically attractive and are hardly satisfied with their appearance. Many people in Korea are currently experiencing this disorder but they are not conscious about it and this can lead to severe side effect. For example, a former Korean model Hang Mioku, addicted to plastic surgery, injected cooking oil into her face because plastic surgeons refused to perform any more plastic surgeries on her (Nair, 2013). Her face is badly disfigured but she is still desperate for softer, smoother skin. This Korean model is actually suffering from BDD but she is not conscious of the fact that she has a mental disorder. Another reason why there needs to be a limitation to plastic surgery is because careless operations cause serious side effects. According to the Korean Consumer Agency (as cited by Lim, 2014), rate of medical dispute on cosmetic surgery was the highest of all medical disputes in the year 2013 and it increased 28.5 percent more in the year 2014. Due to the enormous expansion of aesthetic surgery industry, plastic surgeons are not enough to cover all the patients and as a result, many unqualified plastic surgeons or doctors from other medical fields known as the ‘shadow doctors’ are doing procedures for. Shadow doctors, substitute plastic surgeons, are reported to be the main cause of the huge increase in medical incidents that were reported in recent years (Yoo, 2015). 70 percent of plastic surgery malpractice suits that were reported are from asymmetric problems followed by prosthesis failure, inflammation and post-scars (Lee, 2015). These side effects lead to health and mental diseases or even death. For instance, Kim Bok Soon, a patient who wanted to have her nose done to gain more self- confidence, was convinced by an unqualified doctor to have fifteen operations done to look like a celebrity but the result came out as a disaster. After the procedure, she cannot close her eyes or stop her nose from running and is currently suffering from chronic depression (Carney, 2014). Not only this, but a Chinese woman was found brain dead while undergoing combined eye and nose procedure in a clinic located in southern Seoul (Choi, Park, 2014). She suddenly stopped breathing and lost consciousness while surgery and was sent to a nearby hospital but was diagnosed with brain death and currently remaining comatose. Lastly, standardization in appearance is also a reason why the aesthetic operation has to be reduced. A series of photos of 2013 Miss Korea preliminary contestants revealed by an anonymous blogger shocked not only Koreans but the whole world and news organizations worldwide. International news presses all at once, criticized on how plastic surgery has turned the 2013 preliminary pageant contestants into almost identical looking people (Lewis, 2013; Odell, 2013; Zimmerman, 2013). Not only contestants but similarly looking women can be easily seen in many places in Korea but especially in Gangnam a district popular for plastic surgery. Christina Lim, who is trying to emulate doll-like features of the K-pop celebrities, said â€Å"Plastic surgery is a normal thing. My friends, they would actually just go on vacation and then they would come back with a new face. In Korea, you go down the street, you see this girl and you walk down the street, you see that girl again. The two girls are actually different person† (Chang Thompson, 2014). As Lim stated, many Korean women desire to undergo operations to achieve big eyes, round forehead, tall nose and v-line shaped jaw lines which is the latest beauty standard in Korea. The problem occurs from people who do not fit the beauty standard. People who are considered as not pretty because they do not fit into the beauty standard have a hard time with getting along with others and fit in to the society. In conclusion, the paper argued about limitation of plastic surgery in Korea. We have looked at how cosmetic operations enhance self-esteem and decrease depression but on the other hand, cause serious problems like aesthetic surgery addiction, standardization in appearance and severe side effects that may lead to death and serious social problems. Cosmetic surgery was a surgery to remove the physical appearances that cause other health disease or mental disease but because it is carelessly done and overly used in Korea, it is causing more problems than benefit to the society. To prevent this, cosmetic operations have to be limited to patients who really need the procedure and not to unnecessary people. Doctors performing procedures should also be carefully examined before they can do any cosmetic operations to patients to avoid any malpractice caused by unqualified doctors. 1

coming of age in samoa Essay -- essays research papers

Coming of Age in Somoa Margaret Mead’s â€Å"Coming of Age in Samoa†, which was actually her doctoral dissertation, was compiled in a period of six months starting in 1925. Through it, people were given a look at a society not affected by the problems of 20th century industrial America. She illustrated a picture of a society where love was available for the asking and crime was dealt with by exchanging a few mats. This book helps one to realize the large role played by social environment. One of Mead’s biggest challenges was probably the fact that her fieldwork was done entirely in the Samoan language. In Samoa, few, if any natives spoke English. To get information, Mead spent her time talking to approximately 25 Samoan women. However, she spent much of her focus on two young Samoan women, Fa’apua’a Fa’amu and Fofoa. It is said that one Samoan woman’s life is very much like the next. At the time of her visit to Samoa, Mead, a graduate student was only 23 years old. She was barely older than the girls she interviewed and lovingly called her â€Å"merry companions†. The vision recieved while reading â€Å"Coming of Age in Samoa† is that it is a place of nearly stress free living. The children pass through adolescence without the many pressures put upon teenagers in an industrial America: ...adolescence represented no period of crisis or stress,but was instead an orderly developing of a set of slowly maturing interests and activities (95). According to Mead, families are large, taboos and restrictions are few, and disagreements are settled by the giving of mats. The stresses encountered by American teenagers are unknown to their Samoan counterparts. Mead refers to premarital sex as the â€Å"pastime par excellence† for Samoan youth. She writes that Samoa is a virtual paradise of free love, as the young people from 14 years of age until they are married have nothing on their minds except sex. Of Samoan girls Mead says: She thrusts virtuosity away from her as she thrusts away from her every other sort of responsibility with the invariable comment, â€Å"Laitit a’u† (â€Å"I am but young†). All of her interest is expanded on clandestine sex adventures (33). She explains that growing up can be free, easy and uncomplicated. Romantic love in Samoa is not bound with ideas of monogamy, exclusiveness, jealousy and fidelity as it is in America. Evidently, due to the lack of priva... ...ons. After a girl is eight or nine years old she has learned not to approach a group of older boys. However, when it comes to younger boys, they are taught to antagonize them. The boys are considered â€Å"older† after they have been circumcised. When a girl is looking for her first lover, she looks to an older man, most often a widower or a divorcee. There are two types of sexual relations other than marriage that are recognized by Samoans. These include love affairs between unmarried young people, and also adultery. Although virginity is not expected in girls, Mead claims that it defiantly adds to their attractiveness. Essentially, having sex with a virgin is much more of a feat for a man than sex with a girl who is not. Marriage in Samoa is regarded as a social and economic arrangement in which relative wealth, rank and the skill of both husband and wife must be considered. In conclusion, Margaret Mead’s dissertation on Samoa is still interesting after 75 years. The customs of Samoans, especially those regarding sex are very interesting to people of other cultures. This society rests most of their regard on love and happiness and seem to have been successful in achieving that

Resurrection in A Tale of Two Cities :: Tale Two Cities Essays

Resurrection in A Tale of Two Cities During a time of lost hope, death and war, the `golden thread', Lucie Manette plays the roll of a heroine doing everything she can to make sure the important people in her life are loved. Lucie provides not only warmth toward her father, Dr. Manette, but also towards the man that yearns for Lucie's love; Sydney Carton. Despite all the negativity that surrounds Lucie and her loved ones, she doesn't fail to lead her father and Carton to rebirth. Unlike the process of actual birth, rebirth is associated with rejuvenation. Rebirth is a second or new birth and in the case of A Tale of Two Cities it is deserved. Rebirth is portrayed as nothing close to the literal meaning of birth at all. Charles Dickens makes it obvious that Dr. Manette and Carton both deserve a second chance by showing that they both really are good people. In chapter 19, Dr. Manette earns rebirth by gaining the strength to mentally and literally walk away from the negative attitude that is associated with his shoemaking bench and his past times. Carton shows that he deserves rebirth in chapter 13 by proving that he is a good and caring person when he tells Lucie that even though he craves her love, all he wants is for her to be happy. After Dr. Manette's imprisonment in the Bastille for 18 years, the only thing he willingly says is `105 north tower` and is seemingly hypnotized by his shoemaking bench. This is where Dickens lets the reader know that Dr. Manette's imprisonment drives him insane. When Dr. Manette is rescued by Defarge and brought to his `long lost' daughter, rebirth does not take place immediately, as the doctor continues to repeat things to himself. In chapter 5, Lucie is portrayed as a caring character simply by the description given of her, as well as others reactions to her. "...His eyes rested on a short, slight, pretty figure, a quantity of golden hair [and] a pair of blue eyes that met his own." From simply the description given of Lucie, she can be recognized as a caring person. Lorry's reaction to Lucie also strengthens Lucie's caring glow.

Movers and Shakers in Education Essay

Trailblazers in American Education There have been several individuals throughout America’s history who have helped develop, shape, advance, balance, and reform education to what it is today. America’s educational system has a rich background from its roots of one room school houses to our current system of education which offers an array of opportunities for students to obtain a public education. John Dewey John Dewey was an American philosopher, psychologist and educational reformer whose ideas have been influential in education and social reform. Dewey is known as the founder of the progressive education movement. He argued that it was the job of education to encourage individuals to develop their full potential as human beings. Dewey’s educational theories were presented in a variety of books he authored. Several continuous themes ring true in most of Dewey’s books. They include his frequent argument that education and learning are social and interactive processes, thus school should be considered a social institution where social reform can and ought to take place. In addition, he believed that students thrive in an environment where they are allowed to experience and interact with the curriculum so all students should have the opportunity to take part in their own learning. He was especially critical of forms of memorization learning where repetition of facts and information was exercised. He argued that children should learn by experience. Rather than just gaining knowledge, Dewey believed that students should develop skills, habits and attitudes necessary for them to solve a wide variety of problems. Dewey’s legacy of the importance of experiential learning remains to this day. There are a number of schools across the United States that follow his theories and methods of teaching. [pic] Alvarez vs. The Board of Trustees of the Lemon Grove School District. The history of school desegregation legislation in the United States did not begin with the 1954 Supreme Court’s decision in the case of Brown vs. he Topeka school board, but rather in a rural community called Lemon Grove located in Southern California. It has recently been discovered that the earliest court cases concerning school desegregation occurred in the American Southwest in the 1930s. In these cases, Mexican immigrants and their communities were the targeted groups of segregation by school officials. A significant case during this era was the 1930 decision in Roberto Alvarez vs. the Board of Trustees of the Lemon Grove School District. This was the first successful school desegregation court decision in the history of the United States. It represents an instance when community members took court action and won their case, despite negative sentiment towards them, to ensure the rights of their children to receive an equal education, making it an important event in both San Diego and U. S. history. The case stands as a credit to the activism of San Diego’s Mexican community who used the public system of justice to ensure that not only Mexican-American children in California, but the rest of the United States had access to a quality education (Alvarez, Jr. , 1984). [pic] Science and Math Education Movement With the launching of Sputnik in October 1957, Americans became extremely fearful that the United States was falling behind in the areas of technology, science, and mathematics. Citizens of the United States feared that their country could see a shortage of trained teachers, engineers, and highly educated students in the near future if something was not done. In response to public pressure, the federal government passed the National Defense Education Act (NDEA) in 1958. The act supported efforts of academic specialists to revise curriculum according to the latest theories and methods. Improvements were made in all subject areas and institutes were held to train teachers in the use of new materials and methods (Webb, Metha, ; Jordan, 2010). In addition to enhancing the curriculum, the NDEA also funded programs that provided guidance, counseling, and testing programs for students. According to authors Webb, Metha, ; Jordan, the NDEA set the stage for the federal government’s increased involvement in education (2010). [pic] Out of the Education for All Handicapped Children Act (EHA) of 1975 came the Individuals with Disabilities Education Act (IDEA) in 1990. These pieces of legislation were a result of the earlier Civil Rights Movement in Education during the 1960s where marginalized groups were fighting for justice and equality within the education system. The federal law, IDEA, was established in 1990. It applies to all children with disabilities from birth to age twenty-one. The statue defines â€Å"disabled children† as those with mental retardation, hearing impairments, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, multiple disabilities, or specific learning disabilities. To receive services under the IDEA, a student must not only have a disability, but the condition also must affect the student’s education. The major principles included in the IDEA are: the right to a free and appropriate education, identification and nondiscriminatory evaluation, an individualized education program (IEP), least restrictive environment, and procedural due process (Webb, et al. , 2010). While the law has transformed and grown over the years, it remains evident in the classroom to this day. It has promoted research and technology development, details on transition programs for post high school students, and programs that educate children in their neighborhood schools instead of separate schools.