Tuesday, November 26, 2019
Assessment Practice in Classroom Essay Example
Assessment Practice in Classroom Essay Example Assessment Practice in Classroom Essay Assessment Practice in Classroom Essay Assessment practice in classroom Students’ assessment is one of the essential principles of any pedagogical program; it plays a crucial part in the educational process. According to McMillan (2011), attaining a perfect classroom assessment requires meaningful learning goals and standards that should be set before commencing classroom assessment procedures. Monitoring students’ progress will help teachers to adjust their instructions effectively to take students to the next level of learning. Diagnostic assessment, formative assessment, and summative assessment are major types of classroom assessment, and together they form the assessment cycle. McMillan (2011) points out that teachers must use achievement information derived from summative assessment to provide instructions, to attain the purpose of the assessment, and to give performance feedback to students and parents. Pre assessment or diagnostic assessment is the first step in classroom assessment that teachers do before commencing a new learning activity, to provide them with information about students’ pre knowledge, tendencies, and motivations. It is a crucial procedure needed to proceed to the next step, which is formative assessment. This type of classroom assessment is given during a learning activity to detect the student’s progress and adjust teaching according to possible new requirements. After completing the learning activity, summative assessment takes part in the process. This assessment is intended to determine whether long-term learning goals have been met, in addition to providing feedback and measuring the level of success that has been obtained; students can use outcomes of a summative assessment formatively to guide their learning. In order to make this process effective, teachers should perform consistent assessments that provide reliable results because â€Å"unreliable assessments cannot be valid†(Eggen, 2009, p. 36). Unclear directions can give inconsistent information that lead to unintended negative consequences. Recurrent failure in students with learning disabilities can lead to a further failure; teachers can support those students by encouraging them, and trying to rebuild their self-confidence (Robinson, 2008). Those students need special materials and learning strategies to deal with their learning problems. Diagnosing the students first, can help teachers to make right decisions later, considering each student’s individuality. There are several methods to be used in the classroom to ensure success according to Robinson (2008). For instance, the language experience approach and reading â€Å"usually guarantees interest, as it is one in which the student has a personal involvement. It is implemented with them and for them, it belongs to them. It allows the pupil to become involved in the learning process. Confidence and success are usually guaranteed, as developing your own stories based on everyday activities is likely to make the task easier to learn. Reading ones own story, for example, should be easier as writers should remember what the story was about†(Robinson, 2008, p. 306). This method represents an example of formative assessment in a classroom. The final stage of assessment represents the process of summative assessment. Robinson (2008) suggests that reading the story onto a tape recorder could be beneficial for revision, by revising the students’ work, teachers will provide feedback to students, and may want to set forth new instructional plans to promote students’ learning. Classroom assessment is a teachers’ powerful educational tool, especially when they use it to diagnose students with learning difficulties, and make modifications to their learning materials and instructions. McMillan (2011) argues that in order to make the assessment procedure successful in case of teaching students with learning difficulties, teachers should observe students precisely to give accurate indications of their performance. Employing the assessment cycle in classroom reinforces learning and improves its quality. Making modifications that conform to learners’ capabilities can positively influence them educationally. (514) words References: McMillan, James H. (2010) Classroom Assessment: Principles and Practice for Effective Standards-Based Instruction, 5th Edition. Pearson/Australia, Dec-10 Eggen, P. (2009) Educational Psychology: windows on classrooms, 8th Edition. Pearson/Australia, Jan-09 Robinson, G. (2008b). Understanding literacy and numeracy. In P. Foreman (Ed. ), Inclusion in action (2nd ed. , pp. 303-307). South Melbourne, Victoria: Thompson.
Saturday, November 23, 2019
The United Monarchy of Israel and Judah
The United Monarchy of Israel and Judah After the Exodus and before the division of the Hebrew people into two kingdoms was a period known as the United Monarchy of Israel and Judah. After the Exodus, which is described in the Biblical book of the same name, the Hebrew people settled in Canaan. They were divided by tribe, with the bulk of the tribes residing in the northern regions. Since the Hebrew tribes were frequently at war with neighboring tribes, the tribes of Israel formed themselves into a loose confederation, which required a military commander to lead it. Judges, who partially served in this capacity (as well as serving in legislative and judicial capacities), accrued power and wealth over time. Eventually, for military and other reasons, the followers of Yahweh decided they needed more than a military commander a king. Samuel, a judge, was chosen to appoint a king for Israel. He resisted because a king would compete with the supremacy of Yahweh; however, Samuel did as bid [see: 1 Samuel 8:11-17], and anointed Saul*, from the tribe of Benjamin, as the first king (1025-1005). David (1005-965), from the tribe of Judah, followed Saul. Solomon (968-928), son of David and Bathsheba, followed David as king of the united monarchy. When Solomon died, the United Monarchy fell apart. Instead of one, there were two kingdoms: Israel, the much larger kingdom in the north, which split apart from the southern kingdom of Judah (Judaea). The United Monarchy period ran from c. 1025-928 B.C. This period is part of the archaeological period known as Iron Age IIA. Following the United Monarchy, the Divided Monarchy ran from about 928-722 B.C. *There is a problem with the dates of Saul since it is said that he ruled two years, yet must have ruled longer to encompass all the events of his reign.
Thursday, November 21, 2019
Youth Justice Essay Example | Topics and Well Written Essays - 1250 words
Youth Justice - Essay Example nstructive and more productive members of the society. However, it also must be noted that Youth justice is currently being viewed in different perspectives than it used to be. Many view the current reforms in youth justice due to modernization of the governments and political systems to accommodate the issues like young justice however there is also another dimension to it also as the emergence of private practice into the youth justice have significantly contributed to this issue also. However one also need to consider the fact that these youth justice practices lack the effective quality assurance systems and procedures in place which can ensure that the practice is being done on more professional as well as ethical footings. This essay will argue the role of quality assurance system to be designed to measure the effective practice in youth justice and will attempt to explore the issue from different perspectives so that a balanced view of the same can emerge.... ion must also have been given to this issue so that a positive critic of the same could have helped provide a better understanding of the problems so that quality assurance of the same could have been attained. Youth Justice has been under the complex influences of various forces working within the society which put extra pressures even on the proceedings of the cases against youth therefore the argument has also been put forward to bring in an approach which requires that those who bring children to the legal proceeding should give it a more holistic and comprehensive view so that children who somehow commit crimes are better represented into the legal system within which they are brought in. This therefore requires that those who conduct their practice into the youth justice must make efforts to bring in more quality in their work. (Geraghty). The historical roots of the practice in youth justice are basically founded on two critical principles of justice and welfare appraoch suggesting a approach which demands that a child must be treated differently than an adult criminal thus ensuring equality into the system based on the pecular nature of the status of children within the society. (Stephenson, Giller and Brown) Youth Justice Practice It is believed that the recent emergence of literature on youth based practice and policy has concentrated on the evidence based effective practice. This evidence based practice has now spread almost all the areas of the youth justice and has been considered as an effective and efficient means of dealing with the issue. However one also need to understand the fact that youth based justice practice and the system largely depend upon the society as it has been argued that the society gets the youth justice system which it deserves as
Tuesday, November 19, 2019
Film Critique on the movie Gladiator (Russell Crow) Essay
Film Critique on the movie Gladiator (Russell Crow) - Essay Example The film Gladiator was a hit at the box office fetching largely positive reviews. However, Elvis Mitchell from The New York Times did see the movie in a negative light and commented eloquently about the film as â€Å"grandiose and silly†(Mitchell, 2000). Nevertheless, the audiences and the fraternity completely disagreed with the cynical critic, and the picture won five Academy Awards at the 73rd Academy Awards including the Best Actor award for Russell Crowe in the leading role and Best Picture award, which was definitely a note of acceptance and accrediting for the entire crew and cast. Apart from captivating an adventurous life of a historical hero, for which the American audience have always shown a special fascination, the film had stolen the show for its â€Å"appealing plot, with distinctive characters, inspired acting, breathtaking cinematography, and a haunting musical score,†as Emily Albu very rightly commented in her epoch making essay â€Å"Gladiator at t he Millennium†(Albu, 2008, p. 185). ... The Final Critique: Gladiator Story Line Plot structure, narrative framework or the screenplay of a film, by whatever name it is called, mostly forms the basic ingredients enabling the success of a film. The narrative framework of a film therefore cannot be undermined at all. The film Gladiator is the brain child of David Franzoni, John Logan, and William Nicholson. The film Gladiator is conceived keeping in mind the 180 AD Rome; the film tries to admit historical personages. The presence of the historical figure such as Marcus Aurelius, who was an emperor-philosopher, and his son Commodus indicates much of the sources drawn from the history. However, it is evident that when the plot of the film Gladiator is judged on a comprehensive scale, it is inferred very easily that the film is a loose adaptation of the history and cannot be treated as a direct conversion of chronicle into drama. The plot of the film is tremendously fictional. Moreover, as the history of Rome or, on the contrar y, any ancient history bases upon the quest for power and throne, the elements of politics, romance, drama, emotion, and action become quite inherent in the stories developed keeping the ancient empires and their stories in the backdrop. The story of the Gladiator revolves around the protagonist of the story, Maximus Decimus Berilius, played by Russell Crowe. Maximus is one of the finest generals of the emperor and is the deserving candidate for the throne. Nevertheless, before the official succession, Commodus played by Joaquin Phoenix brutally murders his father and takes the position of his father and complete control over his throne ordering
Sunday, November 17, 2019
Drug Patent Statement Essay Example for Free
Drug Patent Statement Essay Patent Laws Patent laws are created to protect the intellectual property rights of scientists and to motivate investors to produce rare drugs. Under the intellectual property laws in drugs, investors and investors could market and profit from their products for 18 years without the fear of losing sales from the threat of generic drugs. Effects of Drug Patenting            Patenting drugs creates an opportunity for brands to monopolize the market, thus, gaining complete control over the pricing of their product. It allows maximum profits for brands within the specific period allowed by patent laws, in this case 18 years. During the specific period allowed by patent laws, it is illegal for generic brands to infringe the rights of the patented drugs by marketing their products. This reduces competitive marketing, making it more difficult for the generics to penetrate the market. Naturally because of this reduced competition, prices are raised and the availability of drugs is decreased. This created the motion that patent laws should be limited to allow generic brands to enter the market more freely. Loopholes in Patenting            After a patent expires, the generic brands can market their product without the restraint or fear from any legal implications that could be brought to them by the patented brand. The entrance of generic brands could reduce the sales of branded drugs by about 80 percent (Herper). To maximize profits and at the same time reduce the threat imposed by generic drugs on their sales as well as legally, the inevitable expiration of patent is maneuvered by branded companies within the bounds of laws. The branded drugs could enter into private financial deals, usually by bribing drug companies who want to enter the market with their generic versions. Another way of maneuvering the laws include â€Å"attaching riders on to some pieces of legislation in the congress†to extend the patent of the brand (Kugler). Some companies perform slight changes in the formulation of their drugs to make a â€Å"new and improved†version of their product. As a result, when the drug patent expires, the consumers would not want to choose the generic versions, believing it less potent. This had been the case of Eli Lilly and Co. as they fought their way to win the case against generics maker Zenith Pharmaceuticals. The last claimed that Lilly’s patent on Zyprexa is invalid because it was too similar to its earlier patent. They argued that Lilly misled the institutions on the significance of their tests. Lilly on the other hand argues that Zyprexa is a more superior drug compared to its former and is worthy of its patent. However, according to Lilly, they had no plans of bribing their generic rival out of the case. Another way of maneuvering is when drug companies continuously file patent upon patent to extend their monopoly over the drug and challenge the generics. This works to the great advantage of the brands and otherwise to the generics because when a branded product challenges a generic in court, The Food and Drug Administration delays the former’s approval for 2.5 years (Herper). That is, if the case is not settled before that. This gives more time for the brands to profit their product at their monopolistic price.            The result is the constant legal suits of generic companies to invalidate the brand name patents of manufacturers that keep their generic versions off the market (Herper). Weakening patents means weakening incentives            The Pharmaceutical Research and Manufacturers of America (PhRMA) had been strong in responding to the proposed legislation by Edwards and Kennedy. According to them, â€Å"By weakening patent protection, the Edwards/Kennedy legislation harms patents and weakens the incentive to develop new medicine. Weaken patent laws will reduce drug research for rare diseases (Kugler).†           The Edwards/Kennedy Legislation (Greater Access to Affordable Pharmaceutical Act of 2001) is proposed to speed up the process in which generic drugs are approved. This will reduce the monopoly of branded drugs and increase the competition among drug manufacturers by making generic brands more widely available and thus, cheaper (Kugler). The legislation also wants to hold manufacturers to the Hatch Waxman act to ensure that practices in drug manufacturing and marketing are fair, competitive. The Hatch Waxman Act is created to increase development of generic versions of drugs and at the same time protect the patent rights of branded products. This is done by giving time for patented drugs to market and sell their products with consideration of the amount of time wasted in waiting for the approval of the Food and Drug Administration. This legislation, as well as the Hatch Waxman Act has made a huge cut in the profits of branded manufacturers. This is despite the claim that the Hatch Waxman act is also created to protect the patent of branded products. The shares of Lilly’s Prozac, for example dropped by 30% in just one day in August of 2000 after the declaration of a new patent ruling (Herper). This shows that investors are very reactive to changes and challenges in drug patents. However frivolous the challenges are, and however promising the potential of the drug is, the patent challenges have a negative impact on drug development. Any challenge in drug patents is as powerful as to reduce the investments to a very significant level that could wipe off any motivation and incentive for manufacturers to develop and produce drugs.            This, in general is the argument of brand manufacturersthat a decrease in drug patent provisions will decrease profits for branded drug makers, which will simultaneously reduce the incentives that are the primary motivators of inventors and investors. There is no significant connection between patent protection and drug research            The National Organization for Rare Disorders (NORD) believes that â€Å"It is the Orphan Drug act and not patents that have paved the way for the development rare drug products (Kugler).† The Orphan Drug Act of 1983 encourages the development of drugs for rare diseases by giving the manufacturers 7 years of exclusive marketing rights. Included in the provision of the act are the tax credits that should compensate for the manufacturers’, laboratories’ and investors’ research expenses (Kugler).            NORD implied that PhRMA is overstating that there is a significant connection between patent protection and rare disease drug research. This, according to them is needlessly inducing alarm among the patients.            The main argument against drug patent is the â€Å"unfair marketing practices†imposed by the branded drug products as supported by the intellectual property laws. A balance should be set to meet both the need for more affordable drugs and the need for new drugs.            If this is the case, that is, if the main problem is the power of branded manufacturers to set prices, it is not by limiting the provisions of patents that could increase the distribution at more affordable prices of rare drugs. It is by setting a middle point that could balance both the need for drugs and the motivation of inventors and investors through incentives.            A lot has already been suggested regarding this. One includes â€Å"offering drug companies a period of exclusivity without fear of patent challenges after a drug is approved (Herper).† More specifically stated, the proposal is to give drug patents a shorter term of 15 years (instead of 18 years) (Herper). In addition to this shorter term, it is suggested that the 15 years should start only after the approval of the FDA (Herper). At present, patents protect drugs from generic versions for 18 years exclusive of the 8 years or more that are needed for the product to pass the FDA tests. Also, to minimize the probability of monopolies, the prices of the products should be regulated that it will not harm the producers as well as the consumers. The provisions of drug patents should not be limited.            Undeniably, for a drug innovation to proceed, financing is very crucial, making the interest of investors necessary for the development of drugs. As implied earlier, decreasing the power of patents creates fear among investors in drugs whether or not this fear is justifiable by actual probabilities. The interest of investors in drug manufacturing depends very much on the idea that they could profit from it through patent laws. Threatening to limit this power and exclusivity would affect their interest and thus their motivation. Drug companies would not be rewarded and there would be less incentive to develop new drugs. This rebuts the NORD statement that it is not the patent that motivates or creates drug innovation. Limiting patents would in the short run decrease the prices and increase the availability of drugs but it will not produce drugs that are needed in the future.            The economic law states that a higher price of products would decrease the demand. This means that branded drug manufacturers could only rise their prices up to a point that they would still gain profit from what they invested. Higher than this point, they could not raise their prices. This is the point where the manufacturers would feel rewarded based on their contributions. Limiting the power of patents would make the manufacturers feel unrewarded because prices of the products they developed using millions of dollars are being sold at a cheaper rate compared to what it really is supposed to sell at. Consumers pay for the innovation and development. Without these manufacturers and investors, there would be no drugs. References Bioshield Bill Would Provide Drug Patent Term Extension. Apr 2005. Patent Baristas. 26 Sep 2006. http://www.patentbaristas.com/archives/000161.php Drug Patent Deals Raise FTC Concerns. 2006. Patent Baristas. 26 Sep 2006 http://www.patentbaristas.com/archives/000319.php Farnsworth, S. n.d. The Drug Monopoly. Multinationalmonitor.org. 26 Sep 2006 http://multinationalmonitor.org/hyper/issues/1993/11/mm1193_09.htm.save. Fernandez D. and Huie J., n.d. Strategic Balancing of Patent and FDA Approval Processes to Maximize Market Exclusivity. Fernandez and Associates. Iploft,com. 26 Sep 2006 http://www.iploft.com/FDA%20Poster.pdf#search=hatch%20watchman%20act. Food and Drug Administration 1984. Drug Price Competition and Patent Term Restoration 26 Sep 2006. http://thomas.loc.gov/cgi-bin/bdquery/z?d098:SN01538:@@@Dsumm2=m|TOM:/bss/d098query.html|. Herper, M. 2002. Solving the Drug Problem. Forbes.com. 26 Sep 2006. http://www.forbes.com/2002/05/02/0502patents.html. Herper, M. 2005. Drug Patent Peril. Forbes.com. 26 Sep 2006 http://www.forbes.com/technology/2005/01/26/cx_mh_0126patents.html. Kugler M. 2002 July. NORD Rebuts PhRMA Drug Patent Statement. About.com. 26 Sep 2006. http://rarediseases.about.com/library/weekly/aa071402a.htm. Nair, MD. n.d. Harmonization of Patent Lawsâ€â€Still a Dream? Patentmatics.org. 26 Sep 2006. http://www.patentmatics.org/pub25.htm. Swiatek J. 2004. Lilly Battles Patent: Lilly Battling to Retain Patent on its Top Drug. Indystar.com. 26 Sep 2006. http://www.antidepressantsfacts.com
Thursday, November 14, 2019
The Early Nineteenth Century :: essays research papers
The Early Nineteenth Centory      The early nineteenth century was an era of tremendous growth and change for the new nation. This is a thesis statement that will be proven true in my essay. And why don't I begin with one of our greatest presidents, Thomas Jefferson.      On March fourth, 1801, Thomas Jefferson was elected President of the United States of America. Thomas Jefferson was a Republican. Republicans strongly supported farmers, and they wanted an agrarian nation. An agrarian nation means some changes had to be made in the country. The country needed strong trade with other countries, and they also needed more land to farm on. This led to the Louisiana Purchase.      The French owned a huge amount of land west of the United States. Inside all of this land was the mouth of the Mississippi River, New Orleans. Because the Republicans wanted a farming nation, America needed a port like New Orleans. Jefferson didn't think that Napoleon would sell all of this land, but he asked him anyway if he was willing to sell. To his surprise Napoleon did want to sell this land because he needed more money for his fight with Great Britain. So Jefferson bought the Louisiana Territory, and doubled the nation's size. This purchase was a mastermind move by Jefferson that let the farming nation trade using the whole Mississippi.      Another achievement of Thomas Jefferson was the exploration of the Louisiana Territory. He hired Lewis and Clark to explore the uncharted territory. He told them to search the land for a river passage to the Pacific Ocean. Jefferson also told them to keep diaries and make maps. This was Clark's task. In May, 1804, forty-four men set out on the expedition. The travelers tried to be friendly with the Indians on their way. When they reached North Dakota they hired the French trapper Toussaint Charbonneau, and his wife Sacajawea to be guides and interpreters. With them they traveled all the way to the Pacific Coast and back. Even though many people were disappointed upon their return that they had not found an all water route, Lewis and Clark were the first to map most of this land we call America. They also aroused an interest in the people to move westward in the growing nation.      Let's go back a little bit to when Napoleon sold the Louisiana Territory to the United States. He needed money to fight in the war he was having with Great Britain. Since the United States had a small military, it did not want to be involved in the French-British War. America tried to stay neutral while
Tuesday, November 12, 2019
Living longer now Essay
These days, people in all over the world have a higher level of standard in their lives. Food preparation has become easier and they do not consume just local food. Education gives people to learn more about their world and also themselves. Now they know what is better and how they can get it. A very important matter that has reached a better situation with respect to those days is health. This is obvious that people live longer than before because there are different statistics which show this fact. I think the development of science that results the technological progress and also the improvement of the health system in all societies are two important reasons for a longer life. Man has a lot of progress in scientific areas. He has discovered unknown rules, achieved new theories, and invented different tools and instruments. All of these give him the ability to increase his knowledge and consequently find more and more. Developing new instruments is medical science is one the most important things that helps people to have a better opportunity for a healthier life. For example, different diseases can be cured by new method operations that have not existed before and these operations would not be possible without hi-tech tools. Governments realized that a country with healthy people can be more successful and the only way they can achieve this aim is improving the public health system. Water should not be contaminated. There must be an inspection system that supervise food standards. Sufficient number of hospitals and doctors in different regions are curtail. People should be acknowledged to avoid what is not good for their health. For example, having a lot of fat in dairy diet will affect them by increasing blood cholesterol and other chemicals that may increase the death toll. As a result, I think in a world that has a fast pace and when every one must try hard to get a better life, health problems are the most important problems that education and health system in each society are two different factors that decrease the death rate and help people to have a longer living.
Sunday, November 10, 2019
Exploring the Relationship Between Mother and Baby Essay
Exploring the relationship between mother and baby in the NICU in relation to nursing support. Abstract Aim -To explore the effect of interaction related to care-giving and information exchange between nurses and mothers in relation to maternal stress and maternal-infant relationship in the newborn intensive care unit (NICU) throughout the hospital stay. Background – Mothers in the NICU experience depression, anxiety, stress, and loss of control, and they fluctuate between feelings of inclusion and exclusion related to the provision of health care to their neonate. This literature review helps to identify nursing interventions that promote positive outcomes between mother and baby by reducing maternal feelings of stress and anxiety. Search Method – A literature search covering the period 2008-2012 was conducted. Five articles reporting both quantitative and qualitative studies relative to the subject were retrieved. Findings – Findings reveal that positive and trustful relationships between nurses and mothers develop when nurses communicate and interact with mothers. This alleviated mother’s anxiety and enhanced their confidence when interacting with their baby. Discussion – Critical analysis as well as strengths and weaknesses of the relative journals reviewed is given together with useful recommendations that emerge from the evidence. Conclusion – The literature reviewed shows that nurse-mother interaction improves mother-infant relationship. In turn, this will eventually assist in decreasing maternal stress and improve the maternal well-being. INTRODUCTION Mothers develop attachment to their baby during pregnancy, which continues and develops more fully after the child is born (Cleveland 2009). However, the pathway to becoming a mother is threatened with the admission of the baby to the NICU. This occurs due to the unfamiliar and intimidating environment of the NICU (Obeidat et al 2009). During the initial admission parents can believe that the healthcare team is more able to care for their baby and this can instill feelings of inadequacy (Cockfort 2011). As a result, maternal attachment may be delayed by the lack of socialisation between mother and baby as most of the care is done by nurses (Cleveland 2009). DeRouck and Leys (2009), found that the parents of an infant admitted to the NICU face challenges including access to information, disclosure about the diagnosis, treatment and prognosis of their newborn, as well as a lack of control over the care of their newborn. Adding to this distress is the uncertainty of survival or the eventual impact of the infant’s condition on later health and well-being. In addition, feeling guilty to mother an unhealthy infant creates fear of social prejudice. Further, the structure of the NICU places significant barriers on mothers’ abilities to enact the parental role since decision-making and the daily care of the infant is taken over by medical and nursing staff restricting interactions with the babies stripping off their maternal authority (Cleveland 2009). In fact, when babies are in the NICU, traditional conceptualizations of the parental role are altered. The situation demands heightened parental participation while simultaneously placing severe restrictions on parental involvement. In response, parents need to negotiate this tension and traditional definitions of the parental role, which must be continually redefined throughout their experience What emerges is that the predominant source of distress is inability of the mother to protect the infant from pain and provide appropriate pain management. (Fenwick et al 2008). A lot of procedures cause pain in the neonate creating concerns for the mother, starting from peripheral cannulas, indwelling catheters and intubation to mention a few. In intubated babies, even though morphine infusions are administered, the baby still shows signs of distress during nursing times. In this case, we administer a small bolus of pain relief prior to nursing so that the baby would be more comfortable. Conversely, Fenwick et al (2008) describes factors that contribute to parents’ satisfaction in the NICU. These include; assurance and psychological support, the provision of consistent information, education, environmental follow-up care, appropriate pain management, and parental participation and proximity, as well as physical and spiritual support. Therefore, it is imperative that nurses should do their best to improve the mothers’ sense of confidence, competence and connection with her infant through guided participation (Domanico et al 2011). Johnson (2008) notes that skin-to-skin holding or kangaroo care promotes maternal-infant feelings of closeness, builds maternal confidence, and may be a stress-reducing experience for both the mother and infant. Hence the importance of providing the opportunity for kangaroo care to occur. Hunt (2008), notes that KMC is also crucial to stabilize parameters, such as cardio-respiratory parameters whilst being beneficial for maintaining body temperature. They add that even the incidence of nosocomial sepsis and the duration of hospital stay decreased with practicing KMC. In addition, Ali et al., (2009), found that Kangaroo mother care also showed positive outcomes towards practicing exclusive breastfeeding. Cockfort (2011) notes that, continuity of care needs to be ensured hence the importance of documentation. Therefore, it is suggested that handover should not be rushed, whilst a more comprehensive handover can ensure the smooth transition of care for staff and the family. When parents ask questions relating to their baby they feel assured in the competency of staff when information has been passed on correctly. When information is not shared effectively parents can lose trust and the partnership breaks down. In Malta, even though handover of 2 consecutive days is given, conflicting advice is still given at times due to the nurses’ different view-points. Consequently, this requires ward meetings in order to clarify important issues so that advice given and practice is consistent. In Malta, about 373 babies are admitted yearly (Grech et al 2012). In view of the benefits discussed, nurses should do their utmost to improve the overall experience of the mothers of such babies. Search Method A review of published research consisted of the following steps; broad reading to determine areas of focus, identification of inclusion and exclusion criteria, literature search (appendix 1) and retrieval, critical appraisal and analysis of the research evidence and synthesis of evidence. Evidence was reviewed with the aims of identifying barriers that affect the motherinfant interaction within the neonatal intensive care unit and how nurses can actively support attachment. Articles were included if the setting was primarily in a neonatal intensive care unit (neonatal unit or neonatal intensive care unit) and the participants were mothers of infants admitted to neonatal intensive care units or nurses working within that setting. In addition, All articles were critically analyzed with two primary questions in mind: (a) What are the needs of parents in the NICU? (b) What nursing behaviors support parents in meeting these needs? Articles were also included if they were primary research studies published between 2008 and 2012 and written in the English language. Primary and secondary literature searches were conducted through the EBSCO, ERIC, Sciencedirect and Medline databases. The primary search terms included â€Å"NICU,†â€Å"Neonatal Intensive Care Unit,†â€Å"family support,†â€Å"communication,†â€Å"nurse†and â€Å"early intervention.†The secondary literature search terms included â€Å"nursing support,†â€Å"efficacy,†â€Å"family,†â€Å"communication,†â€Å"support†, â€Å"neonatal†and â€Å"Kangaroo Mother Care†. These terms were used and utilised in all possible combinations to perform an extensive literature search of the above mentioned electronic databases. Thirdly, a review of references was conducted of the identified articles for any further studies. Eighteen articles were found through the search. Six studies met the inclusion criteria of which, 3 were qualitative and 3 quantitative (appendix 2). The subject was limited to the last 5 years. This time frame helps in the getting the most recent experiences since NICU is a changing environment especially as regards to technology which effects the mothers as well as the nurses. Both quantitative and qualitative studies were found. Both qualitative and quantitative research was conducted to identify what is known about the needs of NICU parents and what behaviours support these parents. Both methods of research were included because of the potential for each to contribute to a more complete understanding of this topic. In selecting a research design, researchers should be guided by one overarching consideration: whether the design does the best possible job of providing trustworthy answers to the research questions. One needs to note that both studies have limitations (Cottrell & McKenzie, 2011). In quantitative research, the researcher’s aim is to determine the relationship between one variable (an independent variable) and another (a dependent or outcome variable) in a population (Morrow 2009). In contrast to quantitative designs, qualitative designs do not result in numerical data for statistical analysis (Schira, 2009). In qualitative methods, researchers are interested in interpreting social phenomena and exploring the meanings that people attach to their experiences (Polit and Beck 2010). Moreover, views, attitudes and behaviours may be explored (Wood & Kerr, 2011), through grounded theory as it develops theories that are â€Å"grounded†in the group’s observable experiences, but researchers add their own insight into why those experiences exist. Findings Table 1 includes information about the 5 studies that met the inclusion criteria . Once an infant is admitted into an NICU, many factors account for parental stress. Admission of the infant to the NICU places mothers in a stressful situation where they must cope with the NICU environment and its associated demands. In the study conducted by Parker (2011), a grounded theory approach was used to understand feeling and stressors of 11 mothers whose new-borns were in the NICU. It was found that the early days shock and numbness accompanied feelings of none or little control over their lives. Moreover, all mothers described feeling unprepared for the premature delivery and the sight of their baby in the NICU. Comparative results were found by Lee et al (2009), with regards to the shock experienced with the initial sight of the baby. Everyday unpredictable changes occur leaving no time for adjustment or preparation. Constant fears about the life and death of the baby do not subside and several mothers spoke about their experience of always anticipating the death of the baby. These findings are also reflected in my clinical setting when mothers would be recounting their experience once the baby’s condition improves. This is in line with the findings of Fenwick et al (2009) and Lee et al (2009). In addition, the findings imply that the positive reassurance of the effects of a positive and caring environment and support network between parents and nurses in the NICU is not always evident among every unit. Nicholas-Sargent (2009) found that assurance is the most important aspect to be fulfilled. Her quantitative study of 46 mothers found that the length of stay in the NICU and mothers’ information needs were found to be significantly inversely correlated. Therefore, this suggests that the longer an infant remains hospitalized in the NICU, the less emphasis the mother places on receiving information about the infant’s condition. This shows that the needs of the mothers in the NICU can change over time. My observations match these findings since mothers familiarise themselves and adapt to the situation. Moreover, they would eventually want to be successful with the care of the baby. This is reflected in the grounded theory analysis conducted by Fenwick et al (2008), using semi-structured interviews. They found that the nurse-mother relationship had the potential to significantly affect how women perceived their connection to the infant and their confidence in caring for their infant which occurred through a three way interaction. Being successful in their desire to care for the baby, engendered feelings associated with being a ‘‘real’’ mother. However, not all women in this study were able to successfully employ these strategies. In the situation where the mother perceived herself as ‘‘quiet and unassertive’’, and in a position without any power, it was very difficult to gain the confidence needed in order to be able to openly question, negotiate and direct the care of her infant. Therefore, it is very important to identify these mothers in order to help them by giving them continuous reassurance. This would particularly be required when the situation changes from support needing to encouragement in participation. Lee et al (2009) found that mothers received support from the healthcare professionals and the social networks that mothers made. These helped to create the connections that developed between the mothers and infants making their journey towards parenthood possible. They discovered that challenges are further compounded in Taiwan, where women are traditionally required to practice the cultural ritual which includes confinement to the house with a special balanced diet for the first month postnatal. Lee et al (2009) used the grounded theory approach with in-depth interviews and constant comparison. All interviews were audio-taped and notes were made during and immediately after the interview concerning actions and body language of the mother during the interview. The finding of this study further indicated that the initial sight of the life-support equipment was shocking. The technological environment created a fearful atmosphere, and the medical equipment attached to their infants caused the mothers further physical separation. The mothers indicated that they were so afraid of the equipment that it took them a long time to be able to participate in their infants’ care. In turn, this hampered them from establishing positive mother–infant interactions. Chiu and Anderson (2008), found that preterm births often negatively influence mother–infant interaction due to lack of physical contact. In addition, they found that skin-to skin contact post-birth has positive effects on infant development. These researchers conducted a randomized controlled trial (RCT) using questionnaires for data collection. In addition, mothers were further video-taped during a feeding session. Ali et al., (2009),highlight the importance of kangaroo care in their RCT where the researchers conducted their study with one hundred and fourteen infants. This study showed that the infants exposed to kangaroo mother care had an increase in rectal temperature compared to conventional care, therefore having a decreased risk of hypothermia. The mean temperature during kangaroo mother care was of 37 degrees Celsius while the mean temperature during conventional care was of 36.7 degrees Celsius. The data collected was through posted questionnaires. Discussion In the 3 qualitative studies found, the data was collected through interviews of which 2 were semi-structured while 1 was unstructured. Parker (2011), Fenwick et al (2008) and Lee et al (2008), used the Grounded theory approach. However, while Parker and Fenwick use semi-structured interviews, Lee uses unstructured interviews. In semi-structured interviews there is a topic guide with list of areas or questions to be covered with each respondent. This technique ensures that researchers will obtain all the information required, and gives respondents the freedom to respond in their own words, provide as much detail as they wish, and offer illustrations and explanations. Lee et al (2009) uses ground theory approach but incorporated with unstructured interviews. Unstructured interviews also known as are flexible but are more time-consuming than semi-structured since the interviewer listens and does not take the lead. The interviewer listens to what the interviewee has to say. The interviewee leads the conversation (Wood & Ross-Kerr, 2011). However, anonymity for confidentiality which is of utmost importance is not possible. When using unstructured interviews, the researchers have to be able to establish rapport with the participant. The reason is that the interviewers have to be trusted if someone is to reveal intimate life information. This may lead to interviewee bias. Also, it is important to realise that unstructured interviewing can produce a great deal of data which can be difficult to analyse. Lee et al (2008) and Fenwick et al (2008) conducted the interviews themselves while Parker (2011) did not, thus reducing the bias. However, interviewer bias occurs even if someone else is conducting the interview. The number of mothers in the study of Lee et al (2008) was adequate since with in-depth interviews 20 participants are enough. However, to account for the small sample, more interviews and observations were done with the same participants in order to reach theoretical saturation. Usually informants are selected for in-depth interviews in a purposive manner questioning the generalizability of the results (Wood & Kerr, 2011). A major controversy among grounded theory researchers relates to whether to follow the original Glaser and Strauss procedures or to use the adapted procedures of Strauss and Corbin (Polit & Beck 2010). Grounded theory method according to Glaser emphasizes induction or emergence, and the individual researcher’s creativity within a clear frame of stages, while Strauss is more interested in validation criteria and a systematic approach. Parker (2011) uses the original Glaser and Strauss (1967) paradigm while Lee et al (2008) and Fenwick et al (2008) use Strauss and Corbin (1998) procedures. One of the fundamental features of the grounded theory approach is that data collection, data analysis, and sampling of study participants occur simultaneously. A procedure referred to as constant comparison is used to develop and refine theoretically relevant categories. Categories elicited from the data are constantly compared with data obtained earlier in the data collection process so that commonalities and variations can be determined. As data collection proceeds, the inquiry becomes increasingly focused on emerging theoretical concerns. All 3 studies use constant comparison. All the above 3 studies use audio-taping for data collection except for Fenwick et al (2008) who used field note documentation as well. Audio-taping enables eye contact to be maintained and to have a complete record for analyses, however, some interviewees may be nervous of tape-recorders. On the contrary, in note taking on the other hand, a lot of eye contact is lost unless a type of short-hand is learnt. However, the interviewer will have plenty of useful quotations for report when transcribing the interview. Randomized controlled trials consist of a complete experimental test of a new intervention, involving the random assignment of a large and varied sample to different groups (Polit & Beck, 2010). The intention of an RCT is to arrive to a judgment as to whether the novelty of an intervention is more effective than the traditional intervention (Polit & Beck, 2010). This intention was well noticed throughout the RCTs chosen by Ali etal., (2009). Wood & Kerr, (2011) sustain that RCTs are the most rigorous method to determine a cause-effect relationship between the treatment and the outcome. Furthermore, RCTs were also described as the gold standard trial for evaluating the effectiveness of a clinical intervention ((Muijs 2010). One of the primary aims of RCTs is to prevent selection bias by distributing the patient, randomly between the two groups, so that the difference in the outcome and results can be justified and attributed only to the intervention under study. Thus, through random selection there is a better balancing of any confounding factors, therefore creating similarity between the groups (Cottrell & McKenzie, 2010). In effect in this literature review, RCTs were found to be useful and beneficial to compare the effect of KMC and conventional care on the physiological aspects of the infant. Ali et al., (2009) chose to add blocking to randomisation so as to ensure a better balance in the number of infants allocated in the groups. These groups were randomized through simple randomization and the disruption of groups was achieved by delivering a concealed envelope technique. Through random sampling, Polit & Beck (2010) explain that each element in the population has an equivalent, autonomous chance of being chosen. However, this design is not used frequently as it is lengthy and may be expensive (Wood & Kerr, 2011). Chiu and Anderson (2008), use mixed methods of data collection by using both questionnaires and video-taped interviews. The use of multiple sources or referents to draw conclusions about what constitutes the truth is called triangulation. This is one approach in establishing credibility as it enables the researcher to counteract the weaknesses in both designs. The use of video-taping provides the most comprehensive recording of an interview since it captures body language, facial expressions and interaction (Gerrish and Lacey 2010). However the interviewee may become uncomfortable and act differently than in normal circumstances questioning the reliability of the data collected. In addition, questionnaires are the main research tools used in quantitative research. They are very advantageous as they can be constructed in such a way as to meet the objectives of almost any research project. In the Family Needs Inventory used by Nicholas-Sargent (2009), the ‘not applicable’ part was removed from the Likert scale in order to report definite opinions. Questionnaires can measure the participants’ factual knowledge about a certain subject or an idea or else they can be used to explore opinions, attitudes or behaviours (McNabb, 2008). Moreover, questionnaires are also less expensive than most other research instruments and are also less time-consuming . Self-administered questionnaires provide the participants with anonymity, and responses are not affected by the interviewer’s mood or presence (Wood & Ross-Kerr, 2011). On the other hand, the main disadvantage of questionnaires is that there is a high possibility of a poor response rate since some questions are ignored, misinterpreted, incorrectly completed or inadequately detailed (Polit and Beck 2010). The RCT of Chiu and Anderson (2009) and Ali etal. (2009),, is one of the most powerful tools of research where people are allocated at random to receive one of several clinical interventions. However RCT’s are vulnerable to multiple types of bias at all stages of their workspan (Geretsegger et al 2012). Hence the need to establish validity and reliability. In the study done by both Ali etal.,(2009) and Chiu and Anderson (2009),the researchers increase the rigor on the study by using a large number of participants. In addition, Chiu and Anderson (2009) use the Nursing Child Assessment Satellite Training Program (NCAST) Feeding and Teaching scales. Nicholas-Sargent (2009), improved the rigour by using the Critical Care Family Needs Inventory (CCFNI), as a framework for the FNI. CCFNI has been thoroughly reported with results indicating internal consistency and construct validity (Gerrish and Lacey 2010). Despite this, Nicholas-Sargent (2009), use a small scale study and therefor e the results cannot be generalized. Limitations In the study done by Lee et al (2008), the data were only collected from one hospital in this present study causing generalisability of the results to be low. Moreover, the sample was restricted to those who did not have additional social, cultural or medical circumstances to consider. Moreover, coding was done by researcher itself and this might have caused some bias. Both Nicholas-Sargent (2009) and Parker (2011) use small scale studies but these were qualitative studies. Therefore, to a certain extent the findings cannot be generalized across the population of families involved with the NICU. In addition, Parker (2011) uses a retrospective study, which might have been subject to bias in recalling information. There was absence of pilot study in both Nicholas-Sargent (2009) and Chiu and Anderson (2009). The use of pilot studies helps to assess the design, methodology and feasibility of the tool and typically includes participants who are similar to those who will be used in the larger research study ( Wood & Kerr 2011). Hence, their importance. Also, the instruments chosen by Chiu and Anderson (2009), being the (NCAST and the feeding and teaching scales) for this study might not be sensitive enough to capture any between-group difference in changes resulting from the intervention. Finally, Ali et al., (2009) fail to mention intention to treat analysis where researchers can introduce reality into research by outlining that not all randomised participants will continue throughout the study. Therefore, this might be a potential weakness in this study. It was also noted the there was no detailed report about the time intervals between the two different groups. Hence, this may also have introduced performance bias. In the grounded theory approach taken by Fenwich et al (2008), limitations lie in the method of data collection itself through semi-structured interviews that were tape-recorded and field note documentation done. The authors did not acknowledge limitations in the study. Recommendations Maternal contact Fenwich et al (2008) suggests prioritising maternal-infant closeness when underpinning policies and protocols and suggests the unrestricted access to their child. Lee et al (2008) found that in Taiwan mothers are allowed to visit for 30 minutes twice a day. In Malta, mothers are allowed to stay with the child 24 hours a day. In addition, skin-to-skin contact is recommended by both Lee et al (2008) and Chiu and Anderson (2009). The latter suggests that all mothers, if they are able and whether or not they ask for it, skin-to-skin contact should be encouraged. My suggestions on interventions for critically ill infants include encouraging the parents’ presence at the bedside, assisting the parents in personalizing the bedside, and teaching the parents to gently touch their infant. Another approach is to hang a simple picture board with the first names of nurses and practitioners near the entrance to the unit. This picture board helps anxious families feel welcomed in this healing environment. In our unit, those babies who have central lines such as umbilical arterial catheters (UAC), the mothers are not allowed to hold the baby for fear of bleeding if the UAC gets dislodged. However, if the mother shows signs of needing contact with the baby, we allow her to hold the baby with constant supervision. In the case of babies that are ventilated mothers are only allowed to hold their baby if the prognosis is very poor. Therefore, this shows that, if the baby is on long term ventilation, skin-to-skin is hindered from being introduced. Fenwich et al (2008), recommend the development of tools that can better evaluate the satisfaction of the mother. Hence, the need for longitudinal qualitative research. In my opinion this would yield good results when past experiences would show which improvements were helpful and which were not. NICE standards (2010), specify the use of surveys. We can incorporate these surveys after consideration with the midwifery officer. Mother-nurse-infant interaction Because of the complexity of illness, parents of critically ill infants are anxious and fear the worst with every visit to the NICU. Strategies need to be adapted to decrease maternal anxiety while supporting the needs of these infants. (Nicholas-Sargent 2009). Nurses play a vital role in helping parents throughout the stressful and challenging experience of the NICU by developing therapeutic relationships and providing emotional support. These approaches enable parents to feel more supported, more involved, confident, and more effective as parents of their vulnerable newborn. The experience of parents in the NICU occurs during an emotionally intense period fraught with anxiety, stress, depression, and feelings of hopelessness. Therefore, Nicholas-Sargent (2009) suggests that, it would be vital to do an NICU orientation for expectant parents with a high risk of giving birth to a premature infant or a compromised newborn. Supporting and facilitating their parenting role will help decrease their stress, strain, anxiety, and depression. Lee et al (2008), nurses need to respect the cultural preferences of mothers as this would promote desired health outcomes. This would aid in meaningful, holistic and individualized care. According to Nicholas-Sargent (2009), personalized one-to-one as opposed as opposed to group support would be helpful. In addition Nicholas-Sargent (2009), suggests that nurse education is needed to improve the awareness of the impact of the counselling service. However, the service needs to be more flexible due to fluctuations in the health condition of the baby. In fact, what we notice is that mothers would require counselling at different stages of the hospitalization. Therefore, if the service was refused once, it may still mean that mothers would need it at some other point in time. Nicholas-Sargent (2009), further suggests that the counselling service would be extended to the whole family from the hospital as well as in the community., Both the DH (2009), and NICE (2010) highlight the importance of Family-Centered Care (FCC) views the family as the ‘child’s primary source of strength and support’ and allows for collaboration, respect, and support with the parents and family during all levels of the service delivery. To foster participation in care for the infant, unrestricted visiting hours should be encouraged for the nuclear family of the neonate. In Malta, visiting hours are restricted to parents only due to increase in cross infection when family members were allowed to visit for 1 hour everyday during the day. However, timing of care may still be arranged to facilitate parents’ participation. In addition, special moments such as baby’s first time off CPAP (continuous positive airway pressure) needs to take place during parents’ presence. Cockfort (2011), highlights that missed opportunities to involve parents in care, heighten anxiety and can create a sense of sadness and loneliness . Information for mothers Mothers vary in the amount of information they can assimilate under stress. Therefore identifying parents’ feelings through active listening and observing will help us to pick up on parents cues and respond appropriately in order to provide parents with accurate and clear information (Fenwick et al 2008). Nicholas-Sargent (2009), adds that, information regarding the health status of the baby needs to be give in a timely provision. Parker (2011), recommends the access to certified interpreters for non-English speaking parents to enable them to ask questions and get the information they need as well as information regarding the counselling services. Likewise, an updated information board at the infant’s bedside helps mothers retain information while feeling welcome at the bedside. In my opinion, these interventions create an environment that facilitates maternal- infant attachment by promoting maternal competence with meaningful positive parenting skills and fostering partnership in care.. Conclusion In summary, the findings showed that parents of infants admitted to the NICU experience stress, depression, anxiety, and feelings of powerlessness, hopelessness, and alienation within the environment of the NICU. These situations are often overwhelming and catastrophic for the mothers keeping in mind that the process of motherhood is a protecting and loving phenomenon. Therefore mothers should participate in the care of their sick, fragile infant in the NICU through mother-infant interaction. Nurses need to be supportive and informative in dealing with parents in the NICU. Therefore, the need for parents to be given the access of interpretation by certified interpreters in order to overcome language barriers has been identified. Further, information and emotional support is required throughout the stay in the NICU, However, it was further found that information in preparation for discharge planning is vital. This enhances parental knowledge and decreases stress, which promotes more effective parenting. Further, as understanding of the parents’ experience of having an infant admitted to the NICU increases, nurses will be better prepared to meet parental needs and alleviate parental suffering. Providing holistic, developmentally supportive care and open communication with parents in this stressful experience is essential. Moreover, the need for family-centered care has been identified. REFERENCE LIST Ali, M.S., Sharma. J., Sharma. R., & Alam. S. (2009). Kangaroo mother care as compare to conventional care for low birth weight babies. Dicle Tip Dergisi. 36(3), 155-160. Chiu S. & Anderson G.C., (2009). Effect of early skin-to-skin contact on mother–preterm infant interaction through 18 months: Randomized controlled trial. International Journal of Nursing Studies, Vol. 46, pp.1168–1180. Cleveland, L.M., 2008. Parenting in the neonatal intensive care unit. Journal of Obstetric, Gynecologic, and Neonatal Nursing, Vol. 37 (6), 666e691. Cockfort S., (2011). How can family centred care be improved to meet the needs of parents with a premature baby in neonatal intensive care? Journal of Neonatal Nursing, Vol.95(5), pp.365-368. Cottrell, R.R. & McKenzie, J. F. (2011). Health Promotion and Education Research Methods using the Five-Chapter Thesis/Dissertation Model (2nd ed.). Sudbury, Canada, United Kingdom: Jones and Bartlett Publishers. DeRouck, S. & Leys, M., (2009). Information needs of parents of children admitted to a neonatal intensive care unit. A review of the literature. Patient Education and Counselling, 76 (2), pp.159-173 DH: Department of Health, 2009. Toolkit for high-quality neonatal services. DH, London. Domanico R., Davis D.K., Coleman F. & Davis B.O. (2010). Documenting the NICU design dilemma: comparative patient progress in open-ward and single family room units. Journal of Perinatology, Vol.31, pp. 281–288 Fenwick J., Barclay L., & Schmied V.,(2008). Craving closeness: A grounded theory analysis of women’s experiences of mothering in the Special Care Nursery. Women and Birth, Vol. 21, pp.71â€â€85. Geretsegger M., Holck U. and Gold C., (2012). Randomised controlled trial of improvisational music therapy’s effectiveness for children with autism spectrum disorders (TIME-A): study protocol. BMC Pediatrics Vol.12(2), pp.1471-2431. Gerrish K. & Lacey A. (2010). The Research Process in Nursing. Blackwell Publishing Ltd. UK. 6th ed. Glaser, B.G., & Strauss, A., 1967. The Discovery of Grounded Theory: Strategies for Qualitative Research. Aldine, NewYork. Gray, D. E. (2009). Doing Research in the Real World (2nd ed.). London, California, New Delhi, Singapore: Sage Publications. Grech V., Cassar M. & Distefano S., (2012). Nurse staffing levels on a regional neonatal paediatric intensive care unit. Journal of Paediatric Intensive Care, Vol. 1(1), pp.25-29. Johnson, A.N., 2008. Promoting maternal confidence in the NICU. Journal of Paediatric Health Care, Vol. 22 (4), 254e257. Lee S., Long A. & Jennifer B. (2009). Taiwanese women’s experiences of becoming a mother to a very-low-birth-weight preterm infant: A grounded theory study. International Journal of Nursing Studies, Vol.46, pp. 326–336 McNabb, D. E. (2008). Research Methods in Public Administration and Non-Profit Management: Quantitative and Qualitative Approaches (2nd ed.). New York: M. E. Sharpe Incorporation. Morrow V., (2009) ‘The Ethics of Social Research with Children and Families in Young Lives: Practical Experiences’. Young Lives. Oxford: Department of International Development. Muijs D., (2010). Doing Quantitative Research in Education with SPSS. London: Sage Publications NICE: National Institute for Health and Clinical Excellence, (2010). Quality Standard for Specialist Neonatal Care http://www.nice.org.uk/media/17A/A8/ Obeidat H.M, Bond E.A. & Callister L.C., (2009). The Parental Experience of Having an Infant in the Newborn Intensive Care Unit. The Journal of Perinatal Education | Summer, Vol. 18(3), pp.23-29. Parker L., (2011). Mothers’ experience of receiving counselling/ psychotherapy on a neonatal intensive care unit (NICU). Journal of Neonatal Nursing, Vol.17, pp.182-189. Polit D.F. & Beck C.T. (2010) Essentials of Nursing Research: Appraising Evidence for Nursing Practice, 7th ed. Wolters Kluwer Health | Lippincott Williams & Wilkins, Philadelphia. Nicholas-Sargent A., (2009). Predictors of needs in mothers with infants in the neonatal intensive care unit. Journal of Reproductive and Infant Psychology, Vol. 27(2), pp.195–205. Schira, M. (2009). Appraising a single Research Article. In Mateo, M. A. & Kirchhoff, K. T. (Eds.), Research for advanced practice nurses: from evidence to practice (pp. 73-85). New York: Springer Publishing Company. Strauss A. & Corbin J.( 1998). Basics of qualitative research. 2nd ed. Newbury Park, CA: Sage Publishers;. Watson, H., Booth, J. & Whyte, R. (2010). Observation. In Gerrish, K. & Lacey, A. (Eds.), The Research Process in Nursing (6th ed.) United Kingdom: Blackwell Publishing Limited. (pp. 382-394). Wood, M. J. & Ross Kerr, J. C. (2011). Basic Steps in Planning Nursing Research: From Question to Proposal (7th ed.). Sudbury, Canada, United Kingdom: Jones and Bartlett Publishers.
Thursday, November 7, 2019
Critical Study of LLM information technology and telecommunications law The WritePass Journal
Critical Study of LLM information technology and telecommunications law 1.0 INTRODUCTION Critical Study of LLM information technology and telecommunications law 1.0 INTRODUCTION2.0 THE DISTANCE SELLING DIRECTIVE 97/7/EC4.0 CROSSING THE LINES: THE CHALLENGE OF CROSS BORDER E – COMMERCE IN THE EU5.0 ISSUES PROPOSED IN THE NEW CONSUMER PROTECTION DIRECTIVESCONCLUSIONBIBLIOGRAPHYDistance contracts http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32014_en.htm[1]Related 1.0 INTRODUCTION Recent advances in three areas - computer technology, telecommunications technology, and software and information technology - are changing lives in ways scarcely imagined less than two decades ago. These modern technologies are being combined, especially through the Internet, to link millions of people in every corner of the word, deals are struck, transactions completed, and decisions taken in a time-frame that would have seemed simply inconceivable a few years ago. Shopping has evolved with growth of technology which has made it possible for people to conclude on line rather in store and with this came the advent of electronic transactions (E-Contacts). Electronic commerce (EC or e-commerce) describes the process of buying, selling, transferring, or exchanging products, services, or information via computer networks, including the Internet and a legal frame work that would regulate the buying and selling of goods at a distance has been created. The aim of the European Union legislation in the field of distance selling is to put consumers who purchase goods or services through distance communication means in a similar position to consumers who buy goods or services in shops thereby creating confidence and certainty in distance contracts. The Directive 1997/7/EC (Distance Selling Directive) was put in place to address the growing trend and provides a number of fundamental legal rights for consumers in order to ensure a high level of consumer protection throughout the EU. The E-commerce Directive 2000/31/EC was also adopted to provide a legal framework for the provision of Information Society Services within the European Union. In the words of the European Consumer Affairs Commissioner Meglena Kuneva. Consumers and retailers are beginning to embrace e-commerce at national level but internal market barriers still persist online. The potential of the online internal market to deliver greater choice and lower price to consumers and new markets for retailers is considerable. We need to redouble our efforts to tackle the remaining borders. This essay is going to look at protection available to consumers under existing rules, particularly those concerning distance contracts and/or the provision of information society services, remedies available to John under the existing Legal framework, the challenges of cross border e – commerce in the EU and evaluate the proposals in the new framework. 2.0 THE DISTANCE SELLING DIRECTIVE 97/7/EC The Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). The directive ensuring the protection of consumers within the EU in respect of distance contractusing â€Å"means of distance communication†has provided certain rights and obligations between a supplier and consumer. Directive 97/7/EC applicable law consumer distance contracts within EU Member State as well as European Economic Area (EEA). The directive aims at ensuring a high level of protection for consumers within the EU by providing certain rights and obligations between a supplier and consumer when transacting at a distance using â€Å"means of distance communication.†It provides the following the rights: According to the Directive the following consumer rights among others need to be respected: Article 4 of the Directive provides the provision of comprehensive information by the supplier before the purchase. Article 5 provides that the confirmation of the information by the supplier in (Art 4) t0 be in a durable medium( such as written confirmation) The Consumers right to cancel the contract within a minimum of 7 working days without giving any reason and without penalty, except the cost of returning the goods (right of withdrawal) is provided for by Article 6. Article 6(2) provides the consumer’s right to a refund within 30 days of cancellation, in the event that where the consumer  cancels the contract. Article 7 provides that the delivery of the goods or performance of the service by the supplier shall be wi within 30 days of the day after the consumer placed his order or where the goods or service ordered is not available inform the consumer of any alternative at the same price or a refund as soon as possible or within 30 days. Article 8 Provides Protection from fraudulent use of payment cards by allowing a consumer to request cancellation of a payment where fraudulent use has been made of his payment card in connection with distance contracts covered by this Directive. Article 12 The strength of every distance contract rest upon the prior information requirement as provided by Article 4 and must be complied with. In accordance with the directive the following prior information shall be furnished by the supplier to the consumer in good time prior to the conclusion of any distance contractstating: â€Å"(a) the identity of the supplier and, in the case of contracts requiring payment in advance, his address; (b) the main characteristics of the goods or services; (c) the price of the goods or services including all taxes; (d) delivery costs, where appropriate; (e) the arrangements for payment, delivery or performance; (f) the existence of a right of withdrawal, except in the cases referred to in Article 6 (3); (g) the cost of using the means of distance communication, where it is calculated other than at the basic rate; (h) the period for which the offer or the price remains valid; (i) where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently.†As regards John case it can be said that requirement of Article 4( 1) (a) (e) and (f), as stated above and that of ‘address’ ‘performance ‘ and a ‘right of withdrawal’ was not complied with. And the provisions of Art 5(1) which provides that consumer must receive written confirmation or confirmation in another durable medium available and accessible to him of the information referred to in Article 4 (1) (a) to (f), in good time during the performance of the contract was not complied with. It can be categorically said that if the provisions of (Art 5(1)) was met as required John would not be having difficulty contacting the supplier seeking redress, because the ‘prior information’ in writing or a durable medium would have availed him of the ‘geographic address’ of the supplier , time for performance of the contract and his right of withdrawal. Also taking a look at Art 7( 1)(97/7/EC) which states that â€Å"unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier; and also Art 7(2)(97/7/EC) Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered are unavailable, the consumer must be informed of this situation and must be able to obtain a refund of any sums he has paid as soon as possible and in any case within 30 days; and lastly Art7(3)(97/7/EC)  which further states that hat the supplier may provide the consumer with goods or services of equivalent quality and price provided that this possibility was provided for prior to the conclusion of the contract or in the contract. With regards to the goods that were not delivered It can be said that John was not of the above information stated in Art 7(2) of the directive or even an equivalent as provided in 7 (3) In the event that the contract is part performed and the issues of non delivery of the some of the goods ordered arises, items that John purchased which falls under the directive would be required to be listed. Games Console A tricycle Music CD’s An iPod Box of Chocolates 3.0 THE  E– COMMERCE DIRECTIVE 2000/31/EC The E-Commerce Directive 2000/31/EC sets out principles and duties to reach a high standard of consumer protection.[14] The directive ensures â€Å"the free movement of â€Å"information society services†across the European Community and to encourage greater use of e-commerce by breaking down barriers across Europe and boost consumer confidence and trust by clarifying the rights and obligations of businesses and consumers†[15] Remedies available to John under the provisions of this directive are going to be taken into considerations. Art 2(a) of the directive makes reference to the definition of information society services: within the meaning of Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC; which provides defines an ‘ISS’ as  ‘‘any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storageof data, and at the individual request of a recipient of a service;’’(Art. 1(2)98/48/EC) Considering the words ‘any service normally provided for remuneration, at a distance, by means of electronic equipment’ the e-book accurately falls under it as John’s computer being the ‘equipment’ that would receive the e – book and John been the recipient of the service. Art. 5 (1) of the E- Commerce directive provides general information requirements that an ISS provider must provide to recipients’ of the service easily, directly and permanently prior to the conclusion of the contract: An ISS â€Å"provider shall render easily, directly and permanently accessible to the recipients of the service and competent authorities, information: (a) the name of the service provider; (b) the geographic address at which the service provider is established; (c) the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner;†(Art. 5(1)(a – c )2000/31/EC) Taking a look at the provisions of Article 5(1) (a)-(c) the question now is if the online supplier meets the requirements for provision of an ISS. In John’s case a geographic address was not provided pursuant to Art. 5 (1) (b) an e – mail address was provided pursuant to Art. 5(1) (c) of the directive. But considering the position of the court in the German case of Bundesverband der Verbraucherzentralen und Verbraucherverbnde – Verbraucherzentrale Bundesverband eV  V. deutsche internet versicherung AG[18]  (‘’DIV Case’’) It was held by the courts that providing only an e – mail address as a sole means of contact does not comply with the provision of Art. 5(1) (c) of the directive stating categorically that â€Å"†¦Ã¢â‚¬ ¦.in addition to its e mail address other information which allows the service provider to be contacted rapidly†¦..†[19][Emphasis supplied] That is it would be fundamental for other means of contact to be provided by the supplier. With regards to the decision of the court in the above case and the provisions of Article 5 (1)(c) the e – mail address of the online supplier cannot be said to fully comply with the provisions of Art. 5 (1) (c), This is because in the words of paragraph 17 of the Judgement â€Å"Thus, it is clear from the wording of Article 5(1)(c), and in particular the word ‘including’, that the Community legislature intended to require the service provider to supply recipients of the service, in addition to its electronic mail address, with other information in order to achieve the result intended by that provision†That is the ISS provider is to provide details including its e – mail address to achieve the purpose of rapid communication in a direct and effective manner. Borrowing the decision in the above case,the provision of Art 5(1) (c) is not fully satisfied by the on line supplier as ‘details of the service provider ’ which allow him to be contacted rapidly and communicated with in a direct and effective manner†is not provided, as this is evident in the fact it is taking a few days to get a response to e-mails which John has sent demanding redress. The court in paragraph 20 of the Judgement further said that â€Å"Accordingly, the mention of the ‘electronic mail address’ in Article 5 (1)(c) of the Directive reflects the Community legislature’s wish to ensure that information giving access to an electronic communication is to be supplied by the service provider to the recipients of the service, but does not mean that it intended to dispense with other types of non-electronic communication which may be used in addition to it†Further information is also provided for by Article 10 of the directive that except where expressly agreed otherwise at least the following information is given by the service provider clearly, comprehensibly and unambiguously and prior to the order being placed by the recipient of the service: â€Å"(a) the different technical steps to follow to conclude the contract; (b) whether or not the concluded contract will be filed by the service provider and whether it will be accessible; (c) the technical means for identifying and correcting input errors prior to the placing of the order; (d) the languages offered for the conclusion of the contract.†Article 11 further provides that except when otherwise agreed by parties who are not consumers, that in cases where the recipient of the service places his order through technological means, the following principles apply:â€Å"the service provider has to acknowledge the receipt of the recipients order without undue delay and by electronic means; and the order and the acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them†In this circumstance there is no indication that any statement was in fact provided regarding the different technical steps John would take to conclude the contract or access the service requested , as John would be better informed. Information on how to identify and resolve input errors nor was language requirements also provided. The statutory duty required by the directive to provide the requisite information for the conclusion of contract has not been fully complied with by the on line supplier. And also the acknowledgement of receipt as provided for by Article 11 was not sent to John. The next question to ask is that are there any remedies available to John under the directives (97/7/ec 2000/31/ec). In accordance with the provisions of Article 6 under the distance selling directive the right of withdrawal can be exercised by John and where the right of withdrawal has been exercised the supplier shall be obliged to reimburse the sums paid by the consumer free of charge as soon as possible or within 30 days he shall only bear the cost of return of the goods. Following the provisions of Art 6 John can exercise his right of withdrawal for the games console and tricycle.   But by virtue of Art 6(3) which provides that â€Å"Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts:  for the provision of services if performance has begun, with the consumers agreement, before the end of the seven working day period referred to in paragraph 1,  for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier,  for the supply of goods made to the consumers specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly, for the supply of audio or video recordings or computer software which were unsealed by the consumer, for the supply of newspapers, periodicals and magazines,  for gaming and lottery services†John can only exercise his right of withdrawal for the music CD’s and games, if the goods have not been ‘unsealed.’ The iPod engraved with his childs name also falls under the Art 6(3) because it is made to John’s specifications and personalized with engraving of his son’s name. The box of chocolate cannot be returned as it is liable to deteriorate or expire rapidly. Pursuant to Art 7(1) of the directive â€Å"unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier†and since the goods have not been fully delivered and no refund of any sums he has paid as soon as possible and in any case within 30 days as stated in Art 7(2) and that the â€Å"supplier may provide the consumer with goods or services of equivalent quality and price provided that this possibility was provided for prior to the conclusion of the contract or in the contract the cost of returning the goods following exercise of the right of withdrawal (by John)shall, in this case, be borne by the supplier†Art7(3) By the provisions of Art 6(4) John can withdraw from the contract within a period of 3 months depending on the EU member state he is domiciled in and any credit agreement cancelled without penalty as there is no prior information providing for 7 days ‘cooling off period’ Art.11 provides ‘John’ with judicial or administrative redress thus he can approach the courts in his country’s court or an administrative body responsible for consumer protection, to ensure that the national provisions for the implementation of this Directive are applied. By the provisions of Art. 12 consumer may not waive the rights conferred on him by the transposition of this Directive. An effective means to deal with consumers complaints in respect of distance selling shall also be established as provided for by Art 17 In this regard the supplier has breached the provisions of Articles 4, 5, 6 11 of the directive. An action for a breach of duty under the E- Commerce directive (2000/31/EC) to provide information prior to contract can also be brought by the customer by the provisions of Art 5 as the supplier did not state the different technical means in concluding the contract or an acknowledgement of receipt of the information in when accessed or, hence the supplier is in breach of Art 11  As the required information were not provided by the ISS prior to the conclusion of the contract. The requirements are important as provided in Articles. 5,10 11 of the EC directive. On the issue of exercising the right of withdrawal we refer to Recital 11 of the directive which provides that the E – commerce directive is subject to the protection in 97/7/EC with regards right of withdrawal under Art 6 97/7EC. Also by Art 6(3) the e – book reader purchased by John, if he was able to access it, would be precluded by Art 6(3) because due to its nature it cannot be returned. Article 17 18 also provides for out of court settlement and court. Complaints can be lay by the consumer through a consumer advocacy bureau such as the European Consumer Centres Network (ECC-Net) The same protection is also provided for in Art. 12 (2) of the 97/7/EC which guarantee’ s the consumer in the Europe even when the country is a not member of the European Union but has a close connection with the territory of one or more EU member states. However, subject to Article 15(1) (c) of the Brussels I Regulation (44/2001) a consumer in Europe’s habitual domicile shall have Jurisdiction to entertain suit a filed against the trader who ‘directs his activities’ towards the consumers country or to several other countries including country and the contract falls within the scope of those activities, similarly the applicable law shall be that of the consumer’s habitual domicile if it can be found that the trader also ‘directs his activities’ towards that country or several other countries including that country as provided for in Art. 6 (1) (c) of the Rome I Regulation EC (593/2008). 4.0 CROSSING THE LINES: THE CHALLENGE OF CROSS BORDER E – COMMERCE IN THE EU A 2007 report by the Organization for Economic Co-operation and Development found consistent reasons â€Å"retailers don’t export everything from fear of fraud, concerns over logistics and payments, import laws and language barriers. Indeed, discussions about doing business globally and accepting international payments online sometimes conjure images of nightmarish complications - increased risk of fraudulent transactions, complex political or regulatory issues, and customs or taxation problems†The European Commission in March 2009 published a detailed report on cross-border e-commerce .The report revealed that the gap between domestic and cross-border e-commerce was widening. From 2006 to 2008, the share of EU consumers shopping online grew from 27% to 33% while cross border e-commerce remained more or less at the same level (6% to 7%). Potential for cross-border online trade is also failing to materialize . 51% of EU27 retailers sell via the internet, but only 21% are currently conducting cross-border transactions, down from 29% in 2006 (in the EU25). The same proportion (21%) advertises cross-border. And retailers who do trade cross-border usually only sell to very few Member States: only 4% of those retailers trade with 10 or more Member States, most trade with one or two other Member States. The issue of redress is the major constraint of cross border e – Commerce in the EU because in most cases goods requested are not delivered by the e – merchants. According to the ECC Net ‘73 % of the complaints that was received in 2008 was for non delivery’ of the goods or services ordered, while 15 % of the complaints was for delayed delivery and 7% was for partial delivery which is similar to the case of ‘John’ and e- toys4U.hk. This is due largely divergent consumer protection regimes in different Member states and non compliance of e – merchants with the directives. For retailers in Europe, the fragmentation of consumer protection rules and other rules on VAT, recycling fees and levies are the main regulatory barriers to cross-border e-commerce. The national implementation of these rules differs markedly from one Member State to another, giving rise to a business environment that is complex, costly and unpredictable. The adoption of proposals to tackle these obstacles is therefore central to changing the behaviour of retailers and, as a result, the opportunities for consumers. When trying to shop online consumers are faced with a number of problems in another country. Foreign online traders have severally refused to accept orders from consumers living in another country. As uncertainty about what to do or who to turn to should they experience a problem are experienced by consumers, especially if it comes to resolving a complaint with a foreign trader. The fragmentation in the existing legislative framework is believed by the European commission not adequately protect consumers and creates internal market problems: â€Å"The European Commission have cited the legal fragmentation of business-toconsumer rules as a barrier to the Internal Market and consumer confidence in crossborder shopping. Member States have different rules on distance and off-premises selling and these variations create unnecessary costs and disincentives for business when trading cross-border. In order to achieve a single set of European contract rules on consumer remedies, EU action is necessary to harmonise the legislative and regulatory framework across the 27 Member State†To build consumer confidence and to promote cross-border consumer purchases within the EU, a new consumer rights directive has recently been proposed by the European Commission. If implemented, the Directive will replace four existing consumer directives, namely the Doorstep Selling Directive (85/577/EEC), the Unfair Terms in Consumer Contracts Directive (93/13/EEC), the Distance Selling Directive (97/7/EC) and the Consumer Sales and Guarantees Directive (1999/44/EC). The effect would be one of full harmonisation across each of the 27 member states. 5.0 ISSUES PROPOSED IN THE NEW CONSUMER PROTECTION DIRECTIVES A higher level of consumer protection is ensured, establishing a real retail internal market, making it easier and less costly for traders to sell cross border and providing consumers with a larger choice and competitive prices. The proposed Directive, specifically Articles 4 and 5, would establish minimum requirements for consumer protection.It would put in place EU wide rules covering: PRE-CONTRACTUAL INFORMATION : A contract prior to conclusion , the Directive would require before concluding a contract the Directive would require key information such as, the main characteristics of the product, geographical address and identity of the trader, the price inclusive of taxes, all additional freight, delivery or postal charges etc to be provided by the trader to the consumer. As this would enable the consumer to make an informed choice. RULES ON DELIVERY AND PASSING ON RISK TO THE CONSUMER (CURRENTLY NOT REGULATED AT EU LEVEL): the consumer would be protected against the risk of loss or damage to transported goods, the consumer would be protected, until he actually receives them. A maximum of 30 calendar days is allowed for the trader to deliver the goods to the consumer from signing the contract. In the event of late or non delivery of a good, a right to a refund as soon as possible and no later than 7 days from the date of delivery can be exercised by the consumer. COOLING OFF PERIODS (DISTANCE AND PRESSURE SALES): An EU wide cooling off period of 14 calendar days is introduced by the proposed directive, for items bought on line or during a visit from a trader to the consumer’s home, allowing time for the consumer to be able to change their mind, cancel the order, return the goods and get their money back. REPAIRS, REPLACEMENT, AND GUARANTEES: A particular standard set of remedies would be made available to consumers by the proposed directive in respect of a faulty product (i.e. repair or replacement in the first place, followed by the reduction of the price or the reimbursement of money). In the event that a good is defective, the consumer would have the right to have it replaced or repaired within two years from the purchase or their money back. UNFAIR CONTRACT TERMS: The proposed Directive would introduce a new list of unfair contract terms called the black list to be prohibited across the EU. The proposed Directive would also strengthen consumer protection in other areas, including: Online auctions – Auctions (including e-auctions) would be required by the directive to meet standard information obligations(new) – price, geographical address of trader, delivery costs etc but exempting auctions from the right of withdrawal, due to the nature of the auction bidding process. Pressure Selling – A broader new definition of direct selling contracts and other steps to close loopholes would be imposed by the proposed Directive. Due to the high number a high number of consumer complaints, the protection against pressure selling will be tightened up on several fronts. First, the definition of what is covered by consumer protection rules is made much wider. The definition of off-premises contract is broadened to avoid, as is the case at present, a large number of off- premises contracts falling outside the scope of the Doorstep Selling Directive. Pressure selling in the street, or at home parties, will now be covered. Most importantly, there would be an extension of consumer protection to cover solicited visits which consumers will benefit from, which had been causing a high number of complaints. Facilitation of online supermarket sales with home delivery, and solicited craftsmen services, by clearly exempting them from the right of withdrawal. Is intended by the new rules CONCLUSION Consumer protection directives, definition of terms, legal regimes, differ in each countries, so does the protections vary.  Big business responded by setting up shop in other member states while small and medium businesses remained within their National boundaries because of the high cost of complying with different national laws. With full harmonization in place, there is certainty for a consumer is in the UK that his rights are the same if he buys a product on – line at a distance from Germany or another member state. There is also greater certainty for the consumer and the trader across border. There would be  a reduction in compliance cost as regards businesses they will now be able to trade across the 27 EU member states using the same terms and conditions. Internal market will be able to gain the necessary impetus to actually be the single market envisaged by the Union as the gap between cross border transactions will be closed. Uniformity, Predictability and Certainty towards the Single Market can be said of full harmonization. BIBLIOGRAPHY ELECTRONIC COMMERCE AND THE ROLE OF THE WTO wto.org/english/tratop_e/ecom_e/special_study_e.pdf E-Business and E-Commerce http://pdfcast.org/pdf/e-business-and-e-commerce Gap between domestic and cross-border e-commerce grows wider, says EU report http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/980 Europa-Consumer Affairs-Distance selling http://ec.europa.eu/consumers/cons_int/safe_shop/dist_sell/index_en.htm Distance contracts http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32014_en.htm[1] Article 2 (4) (97/7/EC) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:NOT Art 4 (1) (a – h ) (97/7/EC) http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31997L0007:EN:NOT Does harmonisation go far enough? The E-Commerce Directive 2000/31/EC: implementation and sanctions http://inderscience.metapress.com/app/home/contribution.asp?referrer=parentbackto=issue,10,17;journal,10,10;linkingpublicationresults,1:120796,1 The Electronic Commerce Directive (00/31/ec) The electronic Commerce (ECDIRECTIVE)Regulations 2002 (si 2002 No. 2013) http://webarchive.nationalarchives.gov.uk/+/dti.gov.uk/industries/ecommunications/electronic_commerce_directive_0031ec.html Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) Official Journal L 178 , 17/07/2000 P. 0001 – 0016 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:HTML ECJ C – 298/07 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0298:EN:NOT Pia Messner v. Firma Stefan Krà ¼ger, C‑489/07: the trader requested or a compensation for the use of the goods German consumer protection Law , the court held that such a compensation will amount to a charge which is not the intention of the Directive. http://ec.europa.eu/dgs/legal_service/arrets/07c489_en.pdf The ECC – Net is a consumer complaints and advocacy body responsible for ensuring consumer protection in the EU http://ec.europa.eu/consumers/redress_cons/ Business without borders: A look at the New, Flat, cross-border payment opportunities tsys.com/thoughtLeadership/ngenuityInAction/current_issue/Spring09BusinessWithOutBordersPayPal.cfm Consumers: online shopping increasingly popular in the EU, but development held back by barriers to cross border trade http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/354format=HTMLaged=0language=EN ECC – Net’s 2008 Annual Report http://ec.europa.eu/consumers/redress_cons/docs/ecc_annual_report_2008_en.pdf Proposed Consumer Rights Directive parliament.uk/briefingpapers/commons/lib/research/briefings/snha-05097.pdf Commission of the European Communities, Green Paper on The Review of the Consumer Acquis, 08.02.2007, COM (2006) 744 final, http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposal for a Directive on Consumer Rights http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposal for a Directive on Consumer Rights http://ec.europa.eu/consumers/rights/cons_acquis_en.htm Proposed Consumer Rights Directive parliament.uk/briefingpapers/commons/lib/research/briefings/snha-05097.pdf Dismantling barriers to cross-border online shopping. Frequently Asked Questions http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/475format=HTMLaged=0language=EN
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