America’s Post-Civil War Growing Pains Essay Example

America’s Post America’s Post-Civil War Growing Pains Essay America’s Post-Civil War Growing Pains Essay America’s Post-Civil War Growing Pains Name: Course: Date: America’s Post-Civil War Growing Pains The American Civil War or the War between the States was fought from 1860 to 1866 between the Northern group of U.S. and numerous slave states in the Southern region that demanded secession from the greater North America with the intent of forming the Confederacy or the Confederate States of America. The original cause of the civil war included the controversial issue of slavery. After four years of deadly battles, the Southerners were overpowered, slavery was done away with and the cumbersome processes of Reconstruction, reinstating unity and certifying the rights to slaves began. Impact of the two major historical turning points on America’s current standing The period between 1865 to1900 that was also known as the Reconstruction era, various economic and social events took place that greatly shaped North America. The American Farm Unrest is one such event that was highly supported by disgruntled farmers who were displeased with the worsening political and economic conditions. To counter these effects, farmers grouped themselves into political parties, interest groups and cooperatives to increase their influence. Examples of these groups include the Patrons of Husbandry that tackled transport and business issues and The Farmers’ Alliance that stressed on marketing and state intervention. The industrial change commonly known as ‘The Incorporation of America’ was another major occurrence that was featured during this period. These changes included building of steel factories, railroad expansion and other related developments such as large-scale corporations. Impact of turning points in America The changes in the industrial sector that were boosted mainly by the surplus capital, numerous resources and infrastructure had various effects on the socio-political environment. The expansion of the railroad system resulted in increased consumption of steel and coal within the areas where the system was being expanded. The railroad contributed towards the inception of the modern stockholder corporations. The Reconstruction also triggered increased focus by entrepreneurs such as Cornelius Vanderbilt into commercial activities and created the phenomenon of ‘robber batons’ that were essentially wealthy individuals engaging in ship and rail transport. The Reconstruction period ushered in an era of increased participation in politics especially among the black Americans residing in the South. President Lincoln and the Reconstruction period Abraham Lincoln was regarded by many as America’s best president. However, during the Reconstruction period, a large section of the population in the South viewed him as their ultimate adversary and tyrant. The main source of this hatred was the idea that President Lincoln was more focused on rebuilding the Union rather than reconstructing the South. Most of his proposals and policies were geared toward coercing the South into treaties with the Union for instance the 1863 Proclamation of Amnesty and Reconstruction for states provided they swore allegiance to the Union and the stand against slavery (Feldman, 2004). If President Lincoln had not been assassinated, the Reconstruction process would have been more wholesome and faster. His generous and fair approach toward the South meant that the President was prepared to work with all the citizens of the United States of America to ensure they maximized their Reconstruction efforts. Effect of industrialization and urbanization during the Reconstruction period The Reconstruction period was characterized by accumulation of personal wealth, poverty and development. The United States of America became progressively urban, and cities sprung up with higher population and size. Skyscrapers and expansive transportation systems became the hallmark of every city. There was an increased volume of immigration with people from various countries moving into the ‘Golden Land of America’ from as far as Mexico, China, Middle East and Russia. On the political scene, focus shifted away from the mafia bosses such as George Cox and William Marcy Tweed and more toward institutionalized welfare system that improved the level of education, security and housing. Urbanization provided a ready market and an opportunity for research and development for technological products. Innovators such as Samuel Morse and Thomas Edison found a chance to develop products that improved communication in the world. People living in urban areas also developed a cultur e of increased consuming that saw the rise of supermarkets, convenience and department stores such as Macys, Woolworths and Sears Roebuck (Kaplan Valls, 2007). Discriminatory laws against non-white citizens and immigrants The various policy amendments during the Reconstruction period were known as Jim Crow laws. The laws were discriminatory against the black population within America. They prohibited black Americans from certain schools, public transportation, restaurants and public spaces. This discrimination was openly expressed by White Democrats who misappropriated their influence to isolate public spaces and amenities through the law and reinstate social control over African-Americans in the South (White, 2012). The Jim Crow laws succeeded in imposing a strict racial segregation, relegating black people to substandard schools and other public amenities, forcing taxes and literacy tests with the intention of eliminating black people from either vying or voting, and achieving judicial support for discrimination. The Black Codes were another set of laws that also limited the civil rights and liberties of African-Americans. In areas such as Texas, these laws were embraced strictly and resulted in bl ack people being reinstated the ‘slave’ label. The judicial system therefore played a major role in consenting to the amendment of most laws to include discriminatory articles that subjected the black community to economic and social hardships. References Feldman G. (2004). The Disfranchisement Myth: Poor Whites and Suffrage Restriction in Alabama, Athens: University of Georgia Press Kaplan J. Valls A. (2007). Housing Discrimination as a Basis for Black Reparations. Public Affairs Quarterly. Retrieved from http://people.oregonstate.edu/~kaplanj/Reparations.pdf White R. (2012). The Rise of Industrial America, 1877-1900. The Gilder Lehrman Institute of American History. Retrieved from gilderlehrman.org/history-by-era/essays/rise-industrial-america-1877-1900

Famous Events, Birthdays, and Inventions in July

Famous Events, Birthdays, and Inventions in July With both the first-ever U.S. patent and the first numbered patent issued in the month of July, the seventh month of the Gregorian calendar is full of historically significant inventions, patents, trademarks, and copyrights as well as a handful of famous birthdays and events. From the trademark registration of Silly Putty to Model T inventor Henry Fords birthday, find out what historical events took place on this day in the month of July. July Inventions, Trademarks, and Patents More than seven million patents have been registered out of the United States Patent and Trademark Office (USPTO) since the Patent Act of 1836 was passed on July 20 of that year (Patent X1). However, there were a great many that were registered even before that, starting with the patent issued to Samuel Hopkins on July 31, 1790, for a method of producing pot and pearl ash. July 1 1952 - The trademark for  Silly Putty was officially registered, though originally filed on March 31, 1950. A trademark protects words, names, symbols, sounds, or colors that distinguish goods and services. The roar of the MGM lion and the shape of a Coca-Cola bottle are also trademarked. July 2 1907 - Emil Haefely obtained a patent for a machine that wraps electrical conductors in insulating tubes. This method is still used for a large number of electronic devices today. July 3 1979 - The phrase Radio City Music Hall was trademark registered. July 4 1933 -  William Coolidge obtained a patent for the X-ray tube, popularly called the Coolidge tube. July 5 1988 - The Bugs Bunny phrase Whats Up, Doc? was trademark registered. July 6 1904 - Patent #764,166 was granted to Albert Gonzales for a railway switch thats still used today on railroads across America. July 7 1989 - Warner Brothers copyright registered Batman, a movie based on a popular cartoon character. July 8 1873 - Anna Nichols became the first female patent examiner. July 9 1968 - US patent #3,392,261 for the Portable Beam Generator, also known as a hand-held laser ray gun, was granted to inventor  Frederick R. Schellhammer. July 10 1847 - The rotary printing press was patented by Richard Hoe. July 11 1893 - Hoods  Sarsaparilla CIH CO Compound Extract was trademark registered, which was used as a medicine to purify the blood and treat heart disease, rheumatism, scrofula, and dropsy.1990 - Bill Atkinson, the inventor of HyperCard software, left Apple Computers along with Andy Hertzfeld, co-inventor of the Apple Macintosh, and started a new company called General Magic. July 12 1927 - Green Giant Great Big Tender Peas were trademark registered. July 13 1836 - Patents were first numbered, changing the way the system of patents and trademarks was organized. July 14 1885 -  Sarah Goode became the first black woman to receive a U.S. patent for her invention of a folding cabinet bed. July 15 1975 - The Detroit Tigers name was trademark registered.1985 - Aldus PageMaker, the first desktop publishing program, was first shipped for sale to consumers, invented by Paul Brainard. July 16 1878 - Thaddeus Hyatt was granted a patent for reinforced concrete. July 17 1888 -  Granville Woods received a patent for the tunnel construction for electric railways. July 18 1950 - The patent for producing terramycin, an  antibiotic, was issued to its inventors Sobin, Finlay, and Kane. July 19 1921 - The name Breyers Ice Cream was trademark registered. July 20 1865 - The Patent Act of 1865 directed the Commissioner of Patents to turn over patent fees to the Treasury and meet expenses through congressional appropriations, restructuring the department again. July 21 1875 - Mark Twains novel The Adventure of Tom Sawyer was copyright registered.1984 - The first robot-related fatality in the United States occurred when a factory robot in Jackson, Michigan, crushed a 34-year-old worker against a safety bar. July 22 1873 - Louis Pasteur received a patent for the manufacture of beer and treatment of yeast, which would later influence his discovery of the process known as pasteurization. July 23 1906 - The song America the Beautiful was copyright registered by Katharine Lee Bates.1872 - Jonathan Hoyt patented an improved lamp. July 24 1956 - A patent for an oral form of the antibiotic Penicillin was granted to Ernst Brandl and Hans Margreiter. July 25 1876 - Emily Tassey was granted a patent for an apparatus for raising sunken vessels. July 26 1994 -  Design patent #349,137 for a toy teddy bear was granted to Josef Gottstein. July 27 1960 - The first episode of The Andy Griffith Show was copyright registered.1921 - Canadian scientists Frederick Banting and Charles Best first isolated insulin, and within a year, the first human sufferers of diabetes were receiving insulin treatments. July 28 1885 - The ready light or taper was patented by John Mitchell. July 29 1997 - Design patent #381,781 for a swimming pool leaf and debris removal net was granted to Ross Clay. July 30 1933 - The Monopoly board game was copyright registered, and Carles Darrow, the inventor, became the first millionaire game designer after he sold his patent to Parker Brothers. July 31 1790 - Samuel Hopkins was issued the first U.S. patent for manufacturing potash. July Birthdays From the birthday of Georg Christoph Lichtenberg, the German physicist who discovered branching electric discharges inside electricity insulating materials, to the birthday of John Ericsson, who invented the screw propeller for ships, a number of great inventors and idea-makers were born in the month of July. Find out who shares your July birthday below: July 1 1742 - German  physicist  and  educator Georg Christoph Lichtenberg was known for discovering treelike patterns called Lichtenberg figures. He was known for what he called waste books, which were the detailed  notebooks  that he kept full of quotes, sketches,  and  stories.1818 -  Ignaz Semmelweis, a Hungarian  physician, was made famous for realizing that many diseases were contagious and could be drastically reduced by enforcing appropriate hand-washing behavior by medical  caregivers.1872 - Louis Bleriot was  a French aviator, inventor, and engineer; the first man to fly  an airplane  across the English  Channel, and the first to invent a working monoplane.1904 - Mary Calderone was a physician and the founder of Planned Parenthood.1908 - Estee Lauder is famous for founding Estee Lauder cosmetics, one of the most popular brands of makeup in the world. July 2 1847 - Marcel Bertrand was a French mine engineer who founded tectonic geology and formulated the orogenic wave theory of mountain-building.1888 -  Selman Waksman  was an American biochemist and microbiologist who researched organic substances and their decomposition that led to his discovery of Streptomycin and other antibiotics, for which he received the Nobel Prize in 1951.1905 - Jean Rene Lacoste was a French  designer who used  a crocodile  logo on his Lacoste shirts when he introduced them in 1929. Also a tennis player, Jean Rene Lacoste won the U.S. Open in 1926.1906 -  Hans Bethe  was a physicist  who contributed to quantum electrodynamics, nuclear physics, solid-state physics, and particle astrophysics. He was the director of the theoretical division at the Los Alamos laboratory and helped invent the first  atomic bombs, receiving  a Nobel Prize in 1967.1932 - Dave Thomas was the founder of Wendys  Restaurants chain of fast-food restaurants. July 3 1883 - Alfred Korzybski was a Polish  scientist who formulated the theory of semantics. July 4 1753 - Jean Pierre Francois Blanchard was a French balloonist who made the first aerial crossing of the English Channel and made the first balloon flight in North America1776 - The birth of the United States. The Declaration of Independence was signed, officially separating the United States from the United Kingdom.1847 - James Anthony Bailey was a circus promoter who co-started the  Barnum and Bailey Circus.1883 -  Rube Goldberg  was an American inventor, engineer, and a Pulitzer  Prize-winning  political cartoonist famous for the Rube Goldberg machine, which uses a series of moving parts to perform simple tasks.1885 - Louis B. Mayer was a motion-picture executive who founded the Hollywood film studio  Metro-Goldwyn-Mayer (MGM) and invented the star system of actors. July 5 1794 -  Sylvester Graham  invented the graham cracker.1810 - Phineas Taylor Barnum was a circus promoter who co-started the  Barnum Bailey Circus.1867 - Andrew Ellicott Douglass invented the  dendrochronology method thats used for tree-ring dating.1891 - John Northrop was an American biochemist who crystallized several enzymes and won the Nobel Prize in 1946.1904 - Ernst Mayr was a German  biologist who formulated the biological species concept. July 6 1884 - Harold Vanderbilt was known for inventing the game of contract bridge. July 7 1752 - Joseph Marie Jacquard invented the  Jacquard loom  that weaved complex designs.1922 - Pierre Cardin was a French fashion designer who invented the unisex look. July 8 1838  -  Ferdinand von Zeppelin  invented the  rigid airship.1893 - Fritz Perls invented Gestalt therapy. July 9 1802 -  Thomas Davenport  invented the first completely electric motor.1819 -  Elias Howe  invented the first American-patented sewing machine.1856 -  Nikola Tesla  was a  Croatian electrical engineer who invented the radio, X-rays, vacuum tube amplifier, alternating current,  Tesla Coil, and more, completely reshaping the world of electrical engineering, even to this day.1911 - John Archibald Wheeler was born in Florida, a theoretical physicist who coined the terms black hole and wormhole. July 10 1879 -  Harry Nicholls Holmes  was  a chemist  who crystallized vitamin A.1902 - Kurt Alder was a German chemist who formulated the Diels-Alder reaction and won a Nobel Prize in 1950.1917 - Don Herbert was an American television personality who was Mr. Wizard on a science show called Mr. Wizards World (1983–1990).1920 - Owen Chamberlain was an American physicist who discovered antiprotons and a subatomic antiparticle, and won the Nobel Prize in 1959. July 11 1838  -  John Wanamaker  invented one of the first (if not the first) true department store, the first White Sale, the first modern price tags, and the first in-store restaurant. He also pioneered the use of money-back guarantees and newspaper ads to advertise his retail goods. July 12 1730 - Josiah Wedgwood, an England pottery designer, and manufacturer, invented the technique for making Wedgwood china and industrialized the manufacturing of pottery.1849 - William Osler was a Canada physician who is considered a father of modern medicine and wrote about the circulatory system.1854 -  George Eastman  was an American inventor who invented the Kodak camera and rolled photographic film.1895 -  Buckminster Fuller  was an American  architect who invented the geodesic dome.1913 - Willis Lamb was an American physicist who discovered how electrons behave in the hydrogen atom and who won the Nobel Prize in 1955. July 13 1826 - Stanislao Cannizzaro was an Italian  chemist who formulated the reaction of Cannizzaro.1944 -  Erno Rubik  was a Hungarian inventor who invented the Rubiks cube. July 14 1857 -  Frederick Maytag  invented the Maytag washing machine.1874 - Andre Debierne was a French chemist who discovered the element actinium.1918  -  Jay Forrester  was a digital  computer pioneer who invented core memory.1921 - Geoffrey Wilkinson was an English chemist who pioneered inorganic chemistry, invented Wilkinsons catalyst, discovered the structure of ferrocene, and won a Nobel Prize in 1973.1924 - James Whyte Black was a Scottish doctor and pharmacologist who invented propranolol, synthesized cimetidine, and won a Nobel Prize in 1988. July 15 1817 - John Fowler was an English engineer who built the London Metropolitan Railway. July 16 1704 -  John Kay  was an English machinist who invented the flying shuttle that improved looms.1801 -  Julius Plucker  was a German mathematician and physicist who formulated Plucker formulas and was the first person to identify Cathode rays.1888  -  Frits Zernike  invented the phase-contrast microscope that allowed for the study of colorless and transparent biological materials; he won the Nobel Prize in 1953.1907 - Orville Redenbacher invented and sold Orville Redenbachers Gourmet Popcorn.   July 17 1920 -  Gordon Gould  was an American physicist made famous for inventing the laser. July 18 1635 -  Robert Hooke  was an English physicist and the first person to see micrographia by using a microscope.1853 - Hendrik Lorentz was a Dutch physicist who discovered and explained the Zeeman effect and derived the transformation equations used by  Albert Einstein  to describe space and time. Lorentz won the Nobel Prize in 1902. July 19 1814 -  Samuel Colt  was an American gunmaker who invented the Colt revolver.1865 - Charles Horace Mayo was an American  surgeon who started the Mayo  Clinic. July 20 1897 -  Tadeusz Reichstein  won the Nobel Prize in 1950 and was a Swiss  chemist who invented a method to artificially synthesize vitamin C.1947  -  Gerd Binnig  was a 1986 Nobel Prize winner and German physicist who invented the scanning tunneling microscope that could view individual atoms. July 21 1620 - Jean Picard was a French astronomer who first accurately measured the length of a degree of a meridian (longitude line) and from that computed the size of the Earth.1810 - Henri Victor Regnault was a French physicist and chemist  known  for his research on the thermal properties of gasses as well as a photographer who invented the use of pyrogallic acid as a developing agent.1923 - Rudolph Marcus was a Canadian chemist who formulated the Marcus theory of electron-transfer reactions in chemical systems and who won a Nobel Prize in 1992. July 22 1822 - Gregor Mendel was the geneticist  who discovered the laws of heredity through experimentation in his garden.1844 - William Archibald Spooner invented spoonerisms, a play on words wherein the first letters of two words are  switched, often to humorous effect.1887 - Gustav Hertz was a German quantum physicist who experimented with inelastic electron collisions in gasses known as the Franck–Hertz experiments and who won a Nobel Prize in 1925.1908 - Amy Vanderbilt might be the inventor of etiquette and wrote the Complete Book of Etiquette. July 23 1827 - Pieter Caland was a Dutch hydraulic engineer who built the New Waterway of Rotterdam.1828 - Jonathan Hutchinson was an English surgeon who was the first to describe the medical signs  of  congenital syphilis. July 24 1898  -  Amelia Earhart  was an American aviator who was the first woman to pilot across the Atlantic; she disappeared during one of her trans-Atlantic flights. July 25 1795 - James Barry was a female disguised as a man who became the surgeon general of the British army.1866 - Frederick Frost Blackman was an English plant physiologist who wrote the 1905 paper Optima and Limiting Factors, in which he demonstrated that where a process depends on a number of independent factors, the rate at which it can take place is limited by the rate of the slowest factor. July 26 1799 - Isaac Babbitt invented babbitts metal used in engine bearings.1860 - Philippe Jean Bunau-Varilla was a French  engineer who helped build the Panama Canal.1875 - Carl Jung was a Swiss  psychologist who invented analytical psychology, known as Jungian psychology, who greatly influenced later works of many psychologists around the world.1894 - Aldous Huxley was the English science fiction author who wrote Brave New World.1919 - James Ephraim Lovelock was an English scientist and futurist known for proposing the Gaia hypothesis, in which he postulates that the Earth functions as a kind of superorganism. July 27 1848 - Roland Baron von Eà ¶tvà ¶s  was a Hungarian  physicist who formulated the concept of molecular surface tension and the Eà ¶tvà ¶s torsion balance.1938 - Gary Gygax was an American game designer who co-invented the Dungeons Dragons role-playing game. July 28 1907 - Earl Silas Tupper invented Tupperware. July 29 1891 - Bernhard Zondek was a German  gynecologist who invented the first reliable pregnancy test in 1928. July 30 1863 -  Henry Ford  was an American automaker who invented the Model T Ford.1887 - Felix Andries Vening Meinesz was a Dutch geophysicist who invented a precise method for measuring gravity called the gravimeter. The gravimeter allowed for a precise  measure  of gravity at sea, which led Meinesz to discover gravity anomalies above the ocean floor due to continental drift.1889 -  Vladimir Zworykin  was a Russian electronics engineer who invented an electronic television system. July 31 1803  -  John Ericsson  was an American inventor of the screw propeller for ships.1918 - Paul D. Boyer was an American biochemist and Nobel Prize winner in 1997.1919 - Primo Levi was an Italian chemist turned writer best known for his autobiography, Survival in Auschwitz.

Watson and Cricks 1952 paper in Nature Essay Example | Topics and Well Written Essays - 250 words

Watson and Cricks 1952 paper in Nature - Essay Example The copying mechanism is significant in forming many copies of DNA that contain the hereditary material. Essentially, the replication of the genetic material is important in the reproduction of the cells through meiosis and mitosis. The replication ensures that there is extra DNA for the multiplying cells to facilitate the daughter cells to reproduce (2011). Thus, the copying mechanism implies that the cells can make an exact replica of genetic material, and pass it to the other generations. The copying mechanism introduced the element of complementarity that is important in the replication of the DNA and subsequent transfer of genetic information from one generation to another. Fundamentally, reproduction of the cells depends on the ability of organisms to produce the exact replica of the genetic materials (2011). It is noteworthy that the replication of the two daughter molecules can sometimes have errors. Hence, the scientists should utilize the model of base pairing to examine the partial alteration of the

Readings for Reading Response Essay Example | Topics and Well Written Essays - 250 words

Readings for Reading Response - Essay Example at for propaganda to be popular, its intellectual level must be reduced to the point where lowest intelligence members of the society can easily understand its message. He added that the propaganda on war aims at influencing the largest number of people within the society to support the war. The fact, therefore, requires that the propaganda should be of low intellectual level. The best propaganda deeply arouses the emotions and the mental reaction of the masses towards or against some target group or factor. The propaganda, according to Hitler, aims does not satisfy or make much of the sense to the highly intelligent members of the society (Hitler, 1943). According to Hitler, the art of propaganda aims at understanding the emotional ideas of the masses and finding the best ways of capturing the masses attention. He says that most intelligent people find it hard to get the main idea in the propaganda. The rule result of propaganda is that it is to be aimed at a particular group. Its intentions should be to arouse the masses’ attention towards a specific detail and not just a general idea. Propaganda should, therefore, be simple to understand yet strong enough to arouse the emotions of a large number of people within the society. Propaganda is a tactic Hitler used to recruit more soldiers during the First World War and to depict their opponent and enemy as being evil. That is the sole purpose of propaganda (Hitler,

Technology in the Criminal Justice System Essay Example for Free

Technology in the Criminal Justice System Essay Technological advances hold great potential to remediate some of the current weaknesses in the criminal justice system, particularly in the realm of criminal identification, which stands to increase its empirical consistency. This is not to suggest that technology makes criminalization infallible – all tools require that they be applied with a judicious understanding of their strengths and limitations – but rather curtail some of the shortcomings from what is ultimately a field whose foundation rests upon soft science. As The Innocence Project, a national litigation and policy organization devoted to the improvement of the American criminal justice system, notes, wrongful convictions often result from a misunderstanding of the limitations of science. As Alex Steffen (2004) notes, police methodology is fraught with judgment and subjectivity; these two attributes do not necessarily invalidate the entire protocol, but they are frequently left unchecked by careful scrutiny. For example, without proper video or audio documentation of interrogation procedures, it is impossible to review, identify and flag confessions whose results are invalidly obtained through baiting promises, coercive pressure and leading questions. Furthermore, police informants are not measured according to their reputation for providing useful or accurate information. In effect, there is a complete lack of ‘soft science’ consistency in the investigative process. One of the technologies currently under scrutiny is DNA profiling and analysis. Like biometric analysis and surveillance technology, DNA profiling and analysis holds great value in the identification of criminals. It is currently used within the context of law enforcement in order to identify the individual from which genetic material found on a crime scene originates. The results are used to determine, based on the qualities of the genetic matter obtained, whether individuals may be considered suspect. Although DNA sequences among individuals are highly matching, the process of DNA profiling relies on variances which occur on the level of their alleles (National Institute of Justice, 2009). But despite this level of precision, some wrongful convictions occur in spite of DNA profiling and analysis, due mostly in part to a number of confounding variables. Intra-agency databases are crucial to the efficacy of DNA profiling and analysis. In the United States, the COmbined DNA Index System or CODIS, with 5 million records as of 2007, fulfills this role. The CODIS is an electronic database of DNA profiles, quite similar to that of the AFIS or Automated Fingerprint Identification System. It holds the aggregated data of DNA profiles obtained by individual states from those convicted. (FBI, 2009) In effect, it gives law enforcement officers quick access to a nation-wide sample of DNA profiles and assists in identifying possible suspects. However, reliance upon the CODIS and other such DNA databases can be problematic because of their dependence on past convictions. Furthermore, an imperfect application of DNA testing can have disastrous results. In the case of Herman Atkins, who was convicted of robbery, oral and genital rape, was linked to the crime on the basis of the fact that he fit the same genetic demographic of the perpetrator. Even though it could not be proven that Atkins was inarguably the rapist, he was convicted. The prosecution admitted this as much by noting that the evidence â€Å"excludes a large percentage of the people, and does not exclude him, and thats corroboration. While hair samples and semen stains are valuable evidence, it is not without thorough and comprehensive testing that they can be held as inarguable evidence of guilt, as the innocent may sometimes overlap with the perpetrator in these factors. It must be clear that concern should not center solely on wrongful convictions but the shortcomings of techniques. While one should not blithely subscribe to an uncritical confidence in the justice system, it is also not productive to rail against injustices post hoc. Instead, what is needed is broader public education of what DNA profiling and analysis tells us. However, at the very least, DNA profiling and analysis is a step in the right direction in advancing the reliability and validity of criminology: It is most certainly not an infallible solution to the fuzzy qualities which dominate it, but it gives a human face to the statistical probability of error that has always existed within it. REFERENCES Innocence Project: http://www. innocenceproject. org/index. php. Accessed March 5, 2009. Steffen, A. (2004, May 15). â€Å"The Innocence Project. † Worldchanging. Retrieved March 4, 2009 from: http://www. worldchanging. com/archives//000715. html National Institute of Justice. â€Å"What Every Law Enforcement Officer Should Know About DNA Evidence. † Retrieved March 6, 2009 from: http://www. ncjrs. gov/pdffiles1/nij/bc000614. pdf Federal Bureau of Investigation. â€Å"CODIS – National DNA Index System. † Retrieved March 4, 2009 from: http://www. fbi. gov/hq/lab/codis/national. htm

Essay --

Handling Difficult Conversations Olatunji Sowunmi Walden University January 19th, 2014 Introduction Every now and then, we often find ourselves in different situations where we have to engage in a difficult face-to- face conversation. Most times it involves our loved ones, colleagues or managers. These conversations often revolve around relationships, money, job performances, and various expectations. There are moments as well when we have to engage in such conversations but for one reason or the other we choose not to do so. Perhaps, because we’ve had different experiences of a face to face conversation that didn’t go we way we planned, or maybe because we fear that such conversation would worsen the situation or fear of hurting someone’s feeling. But still, the urge of setting yourself free from that stuck sensation in your chest calls for more reasons to have a one on one talk. This paper will discuss few circumstances I had of a difficult face-to-face conversation, describing specific actions I took to resolve the situation and evaluates whether or not those actions were effective. I will also mention strategies that will help improve my communication skills which will help me in the further to prepare for similar situations. As an Associate Director of Quality Management in a Level 1 Trauma Center and a Teaching Hospital in Queens, NY, I have been working in this field for the past six years and I have had several employees that I’ve supervised and worked with over years. But one of my colleagues Mrs. D an older lady with over twenty years of experience has been a torn in the way I’d like to manage my team. Our responsibilities involve updating the hospital policies and guide... ...m solving, selfish, curious, or angry. Channeling our emotional energy into something meaningful is important to be aware off. Being able to know and understand the purpose of a difficult conversation and putting ourselves in their shoes will help us see things from their point of view. Three techniques that have been identified for handling stressful conversation are clarity, neutrality and temperance, and they are building blocks of all good communication, Weeks, H., (2001). References †¢ Yates, K., & Beech, R. (2006). Six crucial steps to effective global communication. Strategic Communication Management, 10(5), 26-29. †¢ Engels, J., (July, 2007). Delivering Difficult Messages. Tool to tackle dreaded conversations. P50-52. †¢ Weeks, H., (2001). Taking the Stress Out Of Stressful Conversations. Harvard Business Review. P114-119.

Rousseau Amour Propre

Daniel Davis Philosophy D 12/01/11 What is amour-propre? What role does it play, according to Rousseau, in the Discourse on Inequality? Tutor: Robert Cowan In May 1755, Jean Jacques Rousseau’s Discourse on the Origin of Inequality was published. The Discourse challenged contemporary philosophers in regards to the nature of man, and the fundamental principles of inequality. He highlighted that the inequality in current society developed due to the increase amour-propre has had on individuals.Examining amour-propre shows that it is fundamentally much more complex than simply being misconstrued as vanity; it could be described as a range of things such as pride, aggrandizement and prestige within society. It has played a decisive role within the development of society and has been attributed to being the source of the existing inequality within modern society. Although amour-propre is described in the Second Discourse as largely negative, it is responsible for the development of socialization and the individual drive for recognition.Amour-propre is a reflective trait that is triggered when human beings started coming together, as it requires a human to be compared with another being. It is the need for self-love and the intrinsic need to feel a sense of importance within society. Rousseau suggests this trait is the fundamental drive in all human beings. It gives way for the need to be recognised as a rational human being.Amour-propre could also be described as the drive to find distinction within society; this could be manifested as the need to be championed as the best at something, having your views being considered as rational and valued, or establish superiority over one’s peers. The nature of amour-propre is interminable, and the more it is used the greater of an influence it becomes on a person’s character; the more someone is held in esteem, the more passionate they become in maintaining their status. As it becomes more powerful, it bec omes a source of athologies such as shame and vanity; it is described as the ‘’the source of personal corruption and suffering and social evil’’ (Dent, 1992, pg. 34) due to the overwhelming nature of it. Moreover, as people are influenced more by amour-propre, their drive for a fulfilled life relies solely on their status. As everyone has the same drive it creates ‘’a world in which the amour-propre of all but himself is ignored’’ (O’Hagan, 1999, pg. 173). Rousseau highlights amour-propre as being a reflective trait by examining the state of nature.As savage man is an unreflective and solitary being, the awareness of status would not yet be in his realms of understanding. Moreover, at this point, Rousseau highlights that they have no sense of morality, and only possess two main unreflective traits: amour de soi (self-preservation) and pitie (compassion). The former gives the savage man a drive for survival, addressing only the most basic needs e. g. food, water, sex. Rousseau highlights the primary distinctions of amour de soi and amour propre in the Second Part in the Discourse.He believes that amour-propre is a modification of our amour de soi. The two are very different by virtue of their nature; if amour de soi could be described as the wellbeing of self, amour-propre could be described as the wellbeing of social status. This wellbeing of self doesn’t impose on other savage humans for a number of reasons: being naturally solitary beings, having an abundance of supplies to adequately satisfy their basic needs, as well as not having the unreflective concept of what another savage human is. Although there is a basic natural inequality between savage humans (i. . strength, height) the absence of society as well as reasons that led to one imposing on another makes this somewhat inexistent, further highlighting in Rousseau’s argument that society and the existence of amour-propre leads to the essence of inequality and corruption. As amour-propre displaces amour de soi it leads to it ‘’substituting for the intact self-possessed good with which the latter is concerned the delusive good which consists in procuring invidious personal dominance over others’’ (Dent, 1992, pg. 34).As amour-propre is the main drive for distinction and self-importance, competition between humans becomes more violent and deceitful which creates a greater degree of inequality within society. Moreover, as the sentiment is an artificial and reflective trait, it could be described as morally unjustified. The artificial trait is highlighted by Rousseau when he writes ‘’amour-propre is a purely relative and factitious feeling which arises in the state of society’’ (Rousseau, f/n pg. 73); it is due to the need for comparison with other human beings that it arises only in society and the coming together of human beings.It is this correlation that the trait has with society that leads it to having a significant role within the development of society. The development of amour-propre has played a pivotal role within society: Rousseau believes it is solely responsible for the ills, and inspires all evil in modern society. Civil society was founded when ‘’the first man who, having enclosed a piece of ground, bethought himself of saying ‘This is mine’, and found people simple enough to believe him’’ (Rousseau pg. 84).The state of civil society could not have happened overnight, that leap would require great conceptual development in humans, but from the moment that men started staying in communities was the first real sign in the development of amour-propre; humans started comparing themselves with other beings and ‘’from these first distinctions arose on the one side vanity and contempt and on the other shame and envy’’ (Rousseau pg. 90). Although in early stages of society ‘’amour-propre is morally neutral’’ (O Hagan, 1999, pg. 162) Rousseau suggests that it is the true cause of society’s discontent.This is due to the pathologies that develop from the first distinctions of men. These first distinctions also gave way to the prestige of status; status is the main ambition behind the trait of amour-propre; the egocentric need to prove your importance and standing in society. From this point, amour-propre becomes more established within human behaviour and becomes a major influence on the development of society. The pathologies, such as vanity and pride, then have a chance to develop. The overpowering nature of these pathologies begins to overshadow the fundamental needs for survival.As the influence of these pathologies grows, human beings initial drive becomes overwhelmed by their reliance on artificial needs. Although the initial drive for status can create a healthy competition, this drive can quickly becom e vehement and deceitful as we start to expect it from others. Moreover, the progress of these pathologies shows how our nature changes due to increased influence from amour-propre. In modern society, the omnipresence of amour- propre has changed people from being championed for what they can to do to what they can appear to do.This increases the amount of influence deceit has on society as people can be held in greater esteem for having the quality of convincing their peers of their abilities rather than showing them in practice. Amour-propre can have more negative effect on society: as the growth inequality increases, this attribute becomes consuming as we become obsessed about our status, esteem and personal possessions. As more sentiment is bestowed on our artificial needs, such as personal possessions, the unreflective attributes of human beings are overshadowed.Moreover, the need for such possessions becomes more overwhelming, as it gives humans a greater thirst for more mater ialistic things; as we own more things, our amour-propre not only lets us believe that we rely on such possessions, but more are needed in order to sustain our prestige and esteem. Rousseau gives evidence that these possessions don’t give any substantial happiness to their beholder, however in the Second Discourse: ‘’men would be unhappy at the loss of them, though the possession did not make them happy’’ (Rousseau pg. 8). The envious side of amour-propre is also heightened as competition between peers starts a tit-for-tat relationship on who possesses most of these personal possessions. Furthermore, the role amour-propre plays in society creates social standing, and inequality, by comparing your possessions with others: if you have more possessions, you are held in higher esteem. The more people own, however, the more they tend to rely on such things to maintain their social standing and in a way become enslaved by their personal possessions.Rousse au highlights this in the Social Contract by claiming ‘’man is born free and everywhere he is in chains, one thinks himself the master of others, and still remains a greater slave than they’’ (Rousseau pg. 181): Rousseau believes human behaviour is consumed by amour-propre to the extent it enslaves an individual’s very nature. Rousseau also claims that amour-propre acts as a catalyst for the growth of inequality within society. We also become more enslaved to our status the higher we are held in esteem, desperate to maintain societies’ high opinion of ourselves.Politicians are a good example of this, as their behaviour is constantly scrutinized they are bounded by constantly playing the role that society expects (that of an upstanding and honest role model; their freedom to behave in any manner they want is extinguished by constantly trying to uphold their status. Although it is described as largely negative within the Second Discourse, it is essential for the foundations of society. If humans didn’t have the drive for competition and standing, the socialization between humans would not happen as we require interaction to hold comparison between ourselves and our peers.Within modern society, the innate drive to better one’s self could stem for the overwhelming nature of the trait. Without this drive, the determination within the human nature may only extend to necessities of survival and not the technological and scientific advances that society has discovered. Although Rousseau argues that many ills that exist in modern society are born through society itself, the advancements in dealing with such problems surely have been spurred on with the drive for recognition and status that is bestowed on people responsible for these advancements.Amour propre also develops the desire to be respected and acknowledged, and gives us the sense that we matter. As we start to expect eminence from other humans, our nature changes due to ‘’societies which amour-propre runs rampant, people are alienated from their authentic or natural selves’’ (Riley, 2001 pg. 117). Our nature is augmented so much so, we would become vexed if we are individually disregarded in society, as it vitiates our status as a rational human being.From this viewpoint, amour-propre could be regarded as a fitting trait to tackle the problem of inequality; examples of this in society could be the struggle for inequality in America during the 1960s when the black community fought to improve their status within society and decreased the level of inequality within the country. This concept is somewhat counter intuitive, however, as it suggests amour-propre spurs on inequality but also reduces it. Amour-propre is the intrinsic need for distinction within society.The egocentric trait is fundamental in the development of human beings as it gives us a drive not only for this distinction but also gives rise to ine quality due to its competitive nature. As each human being is only concerned with their own status, conflict and inequality are increased as people develop a competitive nature due to the need for prestige. This has led to amour-propre playing a pivotal role within society. Due to the overwhelming nature of the trait, social class and rank have developed which has led to an unequal society that is driven solely by the need to surpass ur peers. Moreover, the fundamental needs for survival are overshadowed by the reliance human beings have for artificial needs such as personal possessions. Bibliography The Social Contract and Discourses, Jean Jacques Rousseau, 1913, Everyman Publishing, Guernsey C. I The Blackwell Philosopher Dictionaries, A Rousseau Dictionary, NJH Dent 1992 Blackwell Publishing, Oxford The Cambridge Companion to Rousseau, Patrick Riley, 2001, Cambridge University Press, Cambridge Rousseau, Timothy O Hagan, 1999, Routledge Publishing London

Barilla Spa Case Study Essay

1. Diagnose the underlying causes of the difficulties that the JITD program was created to solve. What are the benefits and drawbacks of this program? One of the underlying causes of the difficulties that the JITD program was created to solve was the effects of inconsistent demand that came from Barilla’s distributors. The extreme demand variation strained Barillas manufacturing and logistics, and made very hard for Barilla to meet that demand. For example, as noted on the case â€Å"the specific sequence of pasta production necessitated by the tight heat and humidity specifications in the tunnel kiln made it difficult to quickly produce a particular pasta that had been sold out due to unexpectedly high demand† (Barilla SpA). One of the benefits of implementing the JITD is to reduce the manufacturing cost. As Brando Vitali then Barilla’s director of logistics explained â€Å"we could try to reduce our own distribution costs, inventory levels, and ultimately our manufacturing costs if we didn’t have to respond to the volatile demand patterns of the distributors† this meant JITD will help reduce the costs associated with distribution channels, likewise distributors would not need to stock inventory that exceeds their real demand, and intern help them reduce their cost. Another benefit is that JITD will help improve Barilla’s visibility with trade and make the distributors more dependent on Barillas. As Vitali said â€Å"I think JITD should be considered a selling tool, rather than a threat to sales. We’re offering the customer additional service at no extra cost. In addition, the program will improve Barilla’s visibility with the trade and make distributors more dependent on us-it should improve the relationships between Barilla and the distributors rather than harm them.† Though this would require daily sales data input from distributers on products they shipped out from their warehouse to retailers during previous day and their current stock level, this would help barillas own forecast and would be just one step behind the retailers sell-through information. JITD might also help the relationship between Barilla and its distributors, since Barilla won’t need to use pressure on distributors to hold more finished products than necessary. While the JITD program has many beneficial it also has its drawbacks. One of them is the perception that the power will be transferred to Barilla, as one of the distributors was quoted â€Å"we would be giving Barilla the power to push product into our warehouses just so Barilla can reduce its costs.† Another drawback is that some of the distributors are not comfortable or willing to share their warehouse data, which is a vital piece in order for JITD program to work.   Furthermore, it might be hard for some retailers to report daily sales simply because they might not have the point-of-sale technology at their stores. 2. What conflicts or internal barriers to Barilla has JITD created? What causes these conflicts? How would you deal with them? JITD created lot of internal barriers to Barilla; while some of the concerns are easy to overcome others would need more convincing. For example, the sales department, sales representatives receive more on their compensation through commission from their sales. JITD would cut or reduce to zero most of sales people responsibilities, which in turn will squeeze their commission, as one sale man said â€Å"Our sales levels would flatten if we put this program in place†. As noted in the case most of the sales come from the promotions or incentives that marketing department advertises or promotes, JITD program would heavily affect the marketing department, and would make their job almost an obsolete. As one marketing representative quoted â€Å"we wouldn’t be able to run trade promotions with JITD, how can we get the trade to push Barilla product to retailers if we don’t offer some sort of incentive?† These conflicts are mostly caused by fear of losing jobs. Since these are legitimate concerns and a very possible outcome if JITD is implemented, from my opinion there are only two options either retrain all the employees that would be affected in a different positions or get rid of the JITD program all together and if it was up to me I would scrub the whole program all together. 3. As one of Barilla’s customers, what would your response to JIDT be? This would depend on whether I am a big retail store or a distributer. As a Barilla’s Distributor, my response to JIDT would be, why would I share my sales data to a supplier who also supplies the same products to my competitors? In addition, what makes Barilla’s management think that they can do superior job by making a better demand forecast then I do. I would think that Barillas is only looking after their interest by trying to reduce their inventory cost and as result dumping their product on me. On the other hand if am a big retailer the JITD program would help me reduce my overhead that comes from keeping a weeks of supply from Barilla in my store, and if there are any time gaps between when product is out and when new comes in I can use the shelf to move other quick turnaround products. 4. How would you proceed?  I would cancel the whole JITD program all together. Although the program has some benefits, its draw back and difficulties to implement out weight more than the benefits. The main problem that Barilla has is there average lead time which is 10 days and their distributors would prefer three days lead time; this was caused mainly by Barilla’s production line and machines as noted previously in the case, the specifications of each pasta and the time it takes in the tunnel kiln made it hard for Barilla to quickly produce and keep up with the demand. Barilla should look ways to improve the production line, whether by adding more lines to the production or building a smaller factories allocated strategically in the country, since, most of the Barilla’s products is consumed with in Italy, and depending on the region north or south, each consumes more type of Barilla product than the other.

The consequence when there is a direct clash between EU law and National legislation. The WritePass Journal

The consequence when there is a direct clash between EU law and National legislation. Introduction The consequence when there is a direct clash between EU law and National legislation. IntroductionFreedom to Provide ServicesReferencesRelated Introduction The legal effects and scope of the EU has been properly illustrated in the scenario presented. One of such is the consequence when there is a direct clash between EU law and National legislation. This can be illustrated as follows. Botan Burgers, which is the Polish company with Poland being part of the European Union wanting to setup business in the Olympic Park are on correct legal grounds as the provisions in the European Community Law clearly allows freedom of establishment for firms and individuals of other member states in regions of other member states. Even if it is argued that the Olympic Games are for a short period and temporary in nature, the ‘Freedom to Provide Services’ (Article 56 TFEU) would apply and enable it to carry on business. â€Å"The provision of services applies in the case of a temporary pursue of the activity. The temporary nature of the provision of services does, however, not exclude the service provider to equip himself with some form of infrastructure in the host Member State (including an office, chambers or consulting rooms) in so far as such infrastructure is necessary for the purposes of performing the services in question.. It is as per the basic principle of freedom of establishment and the same also has a basis in Articles 49-55 of the TFEU. For a clearer understanding of the concepts of freedom of establishment for nationals of particular state trying to setup up business in another member’s state, relevant facts of Article 49 and Article 54 should be looked at. To better understand the freedom of establishment, Article 49 and Article 54 tend to be read together. As per Article 49 restricting the freedom of establishment to nationals of a Member State in the region of another Member State is prohibited. Freedom of establishment includes the right to pursue and take up activities on a self employed basis and also to manage and create undertakings, especially firms or companies within the meaning of the second paragraph of Article 54. The second paragraph defines firms or companies as ‘firms or companies constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making.’ The right of establishment, therefore, is granted both to natural and legal persons; this is clearly illustrated in Sodemare v Regione Lombardia. Sodemare was a company based in Luxembourg and it mainly provided sheltered accommodation for elderly residents. This company was refused approval to enter into contracts with public authorities in the place called Lombardy in Italy; the contracts would have enabled Sodemare to carry on its business and get paid or reimbursed for some of the health care services it provided. The reason for refusal was that as per Lombard law such contracts could only be entered and were available to non profit making bodies. This was challenged by Sodemare who claimed that it violated Article 49 because it affected its ability to run business in Italy. The ruling was in favour of Sodemare and this judgement   was very important from the point of view of freedom of establishment. As regards to Article 52 of the Treaty, which is to be referred together with Article 58 thereof, it must be noted that the right of establishment with which these provisions are concerned is granted both to natural persons who are nationals of a Member State of the Community and to legal persons within the meaning of Article 58. Subject to the exceptions and conditions laid down, it allows all types of self-employed activity to be taken up and pursued on the territory of any other Member State, undertakings to be formed and operated and agencies, branches or subsidiaries to be set up. The teeth of this principle is that natural persons, who are nationals of a Member State, and Community companies may take up economic activity in any Member State in a stable and continuous way and cannot be discriminated against based on nationality (Article 49 TFEU) or the mode of incorporation (Article 49 and Article 54 TFEU). Freedom to Provide Services The ECJ noted in that respect that the it is therefore not necessary to consider whether the foundation acts as a service provider. Despite the supplementing character, the freedom to provide services is required as another distinct freedom because the cross border provision of services may be effected without any actual goods being physically moved, without (secondary) establishment and without relocation of any capital across the border.   Although Article 50(1) EC defines services as services not being governed by the provisions relating to freedom of movement of capital, goods and persons, it does not establish any particular order of priority between the freedom to provide services and the other fundamental freedoms. The provision of services applies in the case of a temporary pursue of the activity. The temporary nature of the provision of services does, however, not exclude the service provider to equip himself with some form of infrastructure in the host Member State (inclu ding an office, chambers or consulting rooms) in so far as such infrastructure is necessary for the purposes of performing the services in question. Furthermore, the mere fact of having some kind of infrastructure in the Host State does not per se preclude the application of the freedom to provide services. The freedom to provide services is distinguished from the free movement of goods by the fact that services are intangible. The provision of services can however require importing respective auxiliary materials. The above right of freedom to provide services could be clearly illustrated using the Reinhard Gebhard v. Consiglio dell’Ordine degli Avvocati e Procuratori di Milano[5]case. Reinhard Gebhard, a German national, obtained a law degree at the University of Tiibingen in Germany. He is authorized to practice as a Rechtsanwalt in Germany and was admitted to the Stuttgart Bar in 1977. Although he does not have chambers of his own in Germany, he works as an â€Å"independent collaborator† in a set of chambers there. Article 2 of Law No. 31/82 provides that nationals of Member States authorized to practice as lawyers in the Member State from which they com shall be permitted to pursue lawyers’ professional activities on a temporary basis in contentious and non-contentious matters in accordance with the detailed rules laid down in this title. For the purpose of the pursuit of the professional activities referred to in the preceding paragraph, the establishment on the territory of the Republic either of chambers or branch office is not permitted. On October 14, 1991, Gebhard applied to the Milan Bar Council to be entered on the roll of members of the Bar. His application was based on Council Directive 89/48/EEC of December 21, 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration’ and of his having completed a ten- year training period in Italy. On December 30, 1992, the Milan Bar Council took a decision, by which they imposed on Gebhard the sanction of suspension from pursuing his professional activity for six months. The Milan Bar Council did not take a formal decision on Gebhard’s application to be entered on the roll of the Milan Bar. Gebhard appealed this decision to the Consiglio Nazionale Forense (National Bar Council). His appeal was directed not only against the sanction that was imposed on him but also against the implied rejection of the Milan Bar Council to be entered on the roll. Before the National Bar Council, Gebhard argued that he was entitled to pursue his professional activity from his own chambers in Milan, referring to Council Directive 77/249/EEC of March 22, 1977 to facilitate the effective exercise by lawyers of freedom to provide services, implemented in Italy by Law No. 31/82, the same law as Gebhard was alleged to have infringed. Directive 77/249/EEC draws a distinction between (a) activities relating to the representation of a client in legal proceedings or before public authorities and (b) all other activities. Article 4(1) of the Directive provides that â€Å"activities relating to the representation of a client in legal proceedings or before public authorities shall be pursued in each host Member State under the conditions laid down for lawyers established in that State with the exception of any conditions requiring residence, or registration with a professional organization, in that State.† The National Bar Council stayed the discipl inary proceedings and referred to the Court two questions on the interpretation of Directive 77/249/ EEC, namely whether the Italian law which prohibits lawyers established in another Member State who provide services in the territory of the Italian Republic from opening chambers or a principal or branch office in Italy is compatible with the Directive, and as to what criteria have to be applied in assessing whether activities are of a temporary nature. The UK high court will have to set aside the bye law which was created by the Olympic Games Regulations 2011, under Section 7 of the regulations which allows only UK citizens to own or operate businesses at the Olympic Games venues. This bye law is contrary to the many provisions and articles in the European Community Act which have been discussed above especially ones which allow members in other national state to setup establishment in UK and to provide services. The UK high court is unlikely to seek an Article 267 reference for this case and is very likely to rule in favour of Botan Burgers. However, in case an article 267 reference is sought whereby the UK high court puts a question to the Court of Justice of the European Union (ECJ) either on the interpretation of relevant parts of the TFEU or relevant secondary legislation or on the constitutionality of relevant secondary legislation, then the ECJ based on the relevant provisions is likely to rule in favour of Botan Burgers and advise the UK high court to proceed accordingly. It should be noted here that the purpose of ECJ here is to try to ensure a uniform application of EU law throughout the European Union. In conclusion, OMT giving advice to the it should be noted that the ECJ would set aside this legislation to allow EU law prevail. Therefore, s.7 of the Olympic Games Regulation should be adjusted to conform to EU law in other to ensure uniformity in the application of EU law. References Chalmers, Damian; Davies, Gareth Monti, Giorgio (2010); â€Å"European Union Law: Cases and Materials†, Cambridge University Press, 2nd edition, ISBN 0521121515, 9780521121514, page 858 Chalmers, Damian; Davies, Gareth Monti, Giorgio (2010); â€Å"European Union Law: Cases and Materials†, Cambridge University Press, 2nd edition, ISBN 0521121515, 9780521121514, page 235 Joan, Paul Kapteyn, George (2008); The law of the European Union and the European Communities: with reference to changes to be made by the Lisbon Treaty; 4th Edition, Kluwer Law International, ISBN 9041128166, 9789041128164 page 191 Joan, Paul Kapteyn, George (2008); The law of the European Union and the European Communities: with reference to changes to be made by the Lisbon Treaty; 4th Edition, Kluwer Law International, ISBN 9041128166, 9789041128164 page 264 Weatherill, S (2010); Cases and materials on EU Law; Oxford University Press, 9th edition, ISBN 0199562253, 9780199214013

Act of God and Vis Major

Act of God and Vis Major Act of God and Vis Major Act of God and Vis Major By Maeve Maddox In March of 1997, 16 tornados tore through Arkansas, killing 26 people and destroying homes and businesses. At the time I was living in Hot Springs, cowering in the closet. The twister missed us, but thirty miles away, the college town of Arkadelphia was nearly wiped off the map. That March the state legislature quickly drafted a bill intended to protect tornado victims from the possibility that insurance companies might deny their claims. It contained the following language: No insurance policy or contract covering damages to property shall be canceled nor the renewal thereof denied solely as a result of claims arising from acts of God.† Then governor Mike Huckabee refused to sign the bill because he objected to the phrase â€Å"act of God† to describe â€Å"a destructive and deadly force.† He preferred â€Å"natural disaster.† After about three weeks, the term â€Å"natural causes† was agreed upon and the governor signed the bill. The term â€Å"act of God† to describe an event beyond human control has long been used by insurance underwriters. Here are some definitions listed at the Business Dictionary: act of God: violent and catastrophic event caused by forces of nature, which could not have been prevented or avoided by foresight or prudence. An act of God that makes performance of a contractual duty impossible may excuse performance of that duty. Dictionary of Business Terms act of God: natural occurrence beyond human control or influence. Such acts of nature include hurricanes, earthquakes, and floods. Dictionary of Insurance Terms act of God: an unpreventable destructive occurrence of the natural world. Example: A contract has a provision that allows the buyer to default if the property is damaged by an act of God. Examples of an act of God are: earthquake, flood, hurricane, lightning, tornado. Dictionary of Real Estate Terms An alternate term for â€Å"act of God† is the Latin term vis major, â€Å"an overpowering force†: vis major [vÄ ­s mÄ jÉ™r]: such a degree of superior force that no effective resistance can be made to it. OED Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:When to Use â€Å"That,† â€Å"Which,† and â€Å"Who†Homogeneous vs. HeterogeneousJanuary 1 Doesn't Need an "st"

UK Law Degree legal Systems Essay Example | Topics and Well Written Essays - 1000 words

UK Law Degree legal Systems - Essay Example He wants to address civil litigation problems by recommending that parties should enjoy equal financial footing; emphasis on separation of judicial and administrative responsibilities; that the courts and judges are more litigant-oriented; more efficient use of judges; and the civil justice system should swiftly address litigants' needs. The implementation of the first part of the civil justice reforms forwarded by Lord Woolf, began on 26 th April 1999 which included the new Civil Procedure Rules, signed by the Lord Chancellor on 10 th December 1998. In this historic day we see the implementation of the most basic reforms to the English civil justice system for centuries, as proposed by Lord Woolf. To remedy the situation, he suggested reforms to the civil justice built around three important concepts designed to address the problems: speed, economy and proportionality. His reforms aim to 1) lessen considerably the advantage of those with money or "deep pocket;" 2) lay the blame on judges thru the "active case-management;" and 3) demand that litigants help the court attain the "Over-Riding Objective" of handling cases fairly. The court should apply the rules to serve the overriding objective end. To attain fair haTo attain fair handling of a case requires includes making sure, as much as possible, that the parties must have equal footing; reducing expenses; handling the case "proportionately;" making sure that it is dealt with speedily; and giving it due attention at the court by allotting appropriate court resources at the same time taking care of other cases well. The reforms are intended to prevent unnecessary litigation which is exemplified by the "sue now, decide on your case later" view. To do this, more work is demanded right at the very start. Claims are also outline in greater detail at the start. Litigants are required to sign "statements of truth" confirming the facts contained in the claim or defense document. Criminal penalties are imposed on statements which are found to be false. Aspects of the Woolf Reforms The Issue of Costs and Proportionality. One of the most important aspects introduced in the Woolf reforms is the steps taken to be sure that the cost of litigation is decreased. The idea of "proportionality" is vital to the Woolf Reforms: the fees payable by the parties in any legal action must be proportional to the issues in dispute and the amount that the claim is worth. As a result, courts are required to handle each case, if possible, in ways which are proportionate with regards to the following criteria: the amount of money involved; the importance of the case; the complexity of the issues; and the financial capabilities of each party. Two bases are used to recover costs: the "standard basis" and the "indemnity basis." If the amount of costs is assessed using the standard basis, the court will: (1) only permit costs which are proportionate to the case; and (2) determine whether costs are reasonable and proportionate. Conditional Fee

Family Support Article Example | Topics and Well Written Essays - 750 words

Family Support - Article Example Family support is a philosophy that promotes the growth and development of families. It aims to enhance the strengths innate in families as well as strengthening identified weaknesses in order for the members to achieve optimal well-being and personal success. Various family support programs have been developed and offered in communities, however, Malcolmson (2002) believes that family support should have a strong commitment to relationship-building based on trust, respect and sharing of power. Dunst (1995) offers the following characteristics of family support programs: Enhancing a Sense of Community: the coming together of people with similar needs and values. Mobilizing Resources and Supports: sourcing and establishing the necessary services in supporting the family’s needs. Shared Responsibility and Collaboration: sharing of skills and ideas in taking care of the family’s needs Protecting Family Integrity: keeping the values and cultural perspective of the family st rong Strengthening Family Functioning: helping family members to strengthen their capabilities to be able support each member to function at his/her best. Adopting Proactive Program Practices: availing of family support services that support and strengthen the family. How does the theoretical framework of family support e.g: premises/paradigms and guiding principles culminate in a promotion model of service delivery to families as described on the reading. The theoretical framework of family support gives the prevailing idea that support services are more preventive than promotional. Initially, being preventive is viewed as a good thing. The cliche â€Å"An ounce of prevention is worth a pound of cure† hails prevention as the ultimate paradigm to keep families safe, healthy and far from the risks of deterioration. However, Dunst, Trivette and Thompson (1990, as cited in Dunst, 1995) and Cowen (1994, as cited in Dunst, 1995) contend that the use of prevention models goes again st the principles of family support. They argue that the prevention of problems does not guarantee that families will effectively function and their competence will be optimized, as opposed to situations when they are given opportunities that support and strengthen families from the onset. Family support is characterized with a proactive paradigm that focuses on further enhancing families’ strength with promotion-oriented practices. Such practices have a mastery and optimization orientation, and the development, enhancement and elaboration of an individual’s skills and strengths are emphasized, most especially the competencies that increase his control over the important aspects of his life (Dunst, 1995). Hence, a promotion model of family support builds strengths instead of rectifying deficits. This way, the individuals benefitting from the promotional family support finds it easier to deal with life’s challenges and difficulties while they set growth-oriented goals and the achievement of personal aspirations. What do you see as the role of the practitioner in this model of service to families? Consistent with Dunst’s (1995) characteristics of family support services, the practitioner has multiple roles in the delivery of such service. Being alert to the needs and strengths of the families in the community, he has a broad picture of the resources and supports available. He is able to match service providers with service consumers and he bridges a sense of responsibility and collaboration between