Promissory estoppel is a controversial exception Essay Example

Promissory estoppel is a dubious special case Essay Example Promissory estoppel is a dubious special case Essay Promissory estoppel is a dubious special case Essay Paper Topic: Dubious There are three prohibitions to the guideline inPinnel’s occurrence. They are composite comprehension, installment of obligation by outsider and promissory estoppel. The guideline inPinnel’s case ( 1602 ) 5 CoRep117ais that parcel installment of obligation is non acceptable thought to postpone the parity. Hence the loan boss may activity for the remaining obligation except if there is new thought. Promissory estoppel like exclusive estoppel is famous kinds of just estoppel. The significance of just estoppel was expressed inCrabb V. Arun DC ( 1976 ) 1 Ch 179that â€Å"equity comes in †¦Ã¢â‚¬ ¦.. to palliate the cogency of thorough statute †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ . it keeps a person from take a firm remaining on his thorough legitimate rights †¦ . at the point when it would be out of line for him to make so holding regards to the deals which has taken topographic point between the parties† . A representation of promissory estoppel is the place A guarantees B that he would non execute his legitimate rights and B acted and depended on it without giving any thought, value would non let A to renegue on his guarantee to B. The cutting edge build of promissory estoppel was created in the cases ofCardinal London Property trust Ltd V. High Tree House Ltd. ( 1974 ) 1 KB 130andEntire Metal Manufacturing Ltd V. Tungsten Electric Co Ltd. ( 1955 ) 1 WLR 761. Promissory estoppel contrasts from normal law estoppel since it has less thorough requests and it might begin from guarantee of future conduct or reason. Promissory estoppel is discernible toHughes V. Metropolitan Railway( 1877 ) 2 App Case 439. Here the proprietor gave his occupant a half year to repair the assets else peril relinquishment. Inside the a half year, exchange for the offer of the rental was opened among landowner and tenant. The exchange fizzled following a half year and the leaseholder neglected to patch. The landowner looked to execute relinquishment. It was held that the proprietor had driven the leaseholder by his conduct to accept that the landowner would non execute relinquishment. InHigh Tree House Ltd instance,the proprietor vowed to have from the occupant half of the land lease as a result of the difficulty of happening leaseholders during wartime period. After the war, the pads got involved and the proprietor sued for remarkable unfulfilled obligations during the wartime. The court sprouting the standard of promissory estoppel held that the proprietor was non qualified for the overdue debts lease of the wartime time frame. Promissory estoppel happens when there is a legally binding connection between parties. Like when there is a lawful connection between the promisee and the promiser. It stays agitated whether promissory estoppel may start in pre-authoritative connections. Be that as it may, Lord Denning inBrinkom Investments Ltd V. Carr ( 1979 ) Calciumwas of the position that promissory estoppel may begin from guarantee made by parties negociating contracts. Comparable positions was communicated in Durham Fancy Goods V. Michael Jackson ( 1969 ) 2 QB 839 where Donaldson J. held that authoritative relationship is unimportant given that there is â€Å"a previous lawful relationship which could, in specific fortunes, offer ascent to liabilities and penalties† . The main interest of promissory estoppel is that the promiser must give clear and unambiguous proclamation that he does non intend to actualize his legitimate rights. The guarantee might be express or inferred. The second interest is that promisee must hold followed up on that guarantee made by the promiser. Promissory estoppel much of the time begin where promisee in trust on that guarantee endured hurt as inAjayi V. Briscoe ( 1964 ) 1 WLR 1326; or where he adjusts his place as an outcome of trusting on that guarantee when however he endures no hurt. InAlan Co. Ltd V El Nasr A ; Import Co. ( 1972 ) 2QB 18, Lord Denningheld that hurt is non an essential segment of promissory estoppel. In this manner, for a petition of promissory estoppel to win, there must be a change in fortunes of the promisee. The third interest of promissory estoppel is that it would be out of line for the promiser to renegue on his guarantee and case his thorough lawful rights after the promisee had depended on it. The fourth interest of promissory estoppel is that it can non be authorize against the promissor. In this way it tends to be utilized only as a guard system and in this way can non be utilized as an edge. In Combe V. Combe ( 1951 ) CA, the council held that promissory estoppel does non make a reason for activity and as such the interest of thought in development of agreement is as yet important. Promissory estoppel is a guideline of grounds that forestalls the promissor from precluding reality from claiming explanation which the promisee had depended. In any case, this interest appeared to be changed in obvious radiation of the judgments inRe Wyven Developments ( 1974 ) 1 WLR 1097andEvenden V. Guildford City AFC ( 1975 )QB 917, here the courts held â€Å"that promissory estoppel can be a reason for action† . The courts utilize an equitable preliminary to discover whether it was reasonable to trust on a guarantee. Consequently certain guarantees like threats would non sum to promissory estoppel where court concludes that trust on it was inconsistent. Moreover, if the promisee did non trust on the guarantee, there would be legitimate explanation that it was non low for the promiser to go back on his guarantee. Promissory estoppel may for good snuff out the privileges of the promissor to guarantee ball sum after part-installment. InD A ; C Builders v Rees ( 1965 ) 2QB 617,Lord Denningexpressed that the â€Å"promissor would non be permitted to come back to his thorough legitimate rights and that the promissory estoppel will be finishing up if promisee comprehended the guarantee to plan closing elimination of promissors’ rights thorough lawful rights† . Nonetheless, for occasional installment promissory estoppel basically suspends the privilege of the promissor to the obligation until such clasp when it turns out to be simply to guarantee the parity. Accordingly, in occasional installments, promissory estoppel may snuff out the privilege of the promissor to guarantee installment for the suspended period yet can do guarantee for ensuing periods in the wake of giving reasonable notification or when the fortunes that offered ascend to the fortunes modifications. InEntire Metal occurrence, the court held that â€Å"on giving reasonable notification to the next gathering, return to their legitimate qualification to have the pay payments†

The Advantages And Disadvantages Of Using Esearch English Language Essay

The Advantages And Disadvantages Of Using Esearch English Language Essay Conceptual The motivation behind this exploration will assess the upsides of utilizing eSearch exceed the hindrances for NTIC understudies. The examination depends on arrangements of writing survey that allude to the scholarly web crawler or web based learning assets procuring. The essential research directs by a survey. The example for the most part originates from understudies who learn at Nottingham Trent International College and attempt to discover a sensible outcome. The example size is twenty-eight understudy of NTIC. The discoveries reveal that the upsides of utilizing eSearch motor exceed the detriments for the NTIC understudies. There were absolute 96% respondents have thought eSearch style is significant for scholastic data gaining. There were twenty-six respondents think the upsides of utilizing eSearch motor exceed the disservices. This finding may help understudies who learn at NTIC to know and utilize the eSearch on the NTU site. Presentation This is an examination venture report. It endeavors to discover some criticalness about utilizing scholastic web index such eSearch on the NTU site. Likely, some NTIC understudies don't have a clue what precisely capacity and activity does eSearch has. Ideally, the forthcoming finding might be a valuable and accommodating direction for NTIC understudies. Foundation The advancement of data and correspondence innovation began from 1970s. In the previous two decades, the applications dependent on data and correspondence innovation has gained extraordinary ground in real applications. These days, data and correspondence innovation is growing quickly. There are assortments of electronic applications dependent on the Internet and PC. For instance, the internet searcher, for example, Google, that assumes a fundamental job in present work, study, beguilement and wherever throughout everyday life. Be that as it may, for some scholarly research zone, general web crawler isn't excellent for scholastic reason (Golian, 2000). As needs be, a scholarly internet searcher, for example, eSearch utilization of Nottingham Trent University (NTU) site come out. Understudies can get plenteous scholastic assets and do the exploration by this sort of online programming. Such scholastic web crawlers have turned out to be increasingly more famous among various learning establishments. Theory and Research Problem As far as understudies of Nottingham Trent International College (NTIC), searching for a substantial and dependable scholarly data asset is a significant thing for the individuals who is doing an examination venture or only for a paper reason. My speculation is that to utilize eSearch most likely is a superior route for understudies who might want to acquire scholastic data assets. In this manner, my examination question is that whether the upsides of utilizing eSearch exceed the impediments for NTIC understudies or not. Point and Objectives This examination will lead by a survey. The general point of this examination is proposed to assess the benefits of utilizing eSearch exceed the impediments for NTIC understudies. The result of this examination will be a guide of utilizing the eSearch, particularly for the individuals who despite everything don't have the foggiest idea what the eSearch application is. With respect to unequivocal targets of this work, it will concentrate on: To discover what advantages of utilization of eSearch has of an incentive to NTIC understudies. To research why NTIC understudies use eSearch motor on NTU site. To demonstrate to what expand the upsides of utilizing eSearch exceed the inconveniences for NTIC understudies. Writing Review In purpose of reality, the eSearch is an electronic and scholarly web index. The principle motivation behind this writing audit will give a review that investigates some proof of essential research or book into the utilization of scholarly web crawlers, which will identify with the eSearch and chose explore question region. The writing audit is going to partition into two areas. At the primary area, it will see what points of interest and inconveniences of utilization of scholastic web search tool have been alluded to and what is still not referenced. At the subsequent area, it will take a gander at some real utilize and relative explanation that understudies utilize scholarly web crawler. The focal points and hindrances of the eSearch The eSearch application can be utilized in the field of data assembling and subject research. There are many research finding demonstrated that the utilization of scholarly internet searcher has favorable circumstances and inconveniences. Kruse (2004) contends that eSearch gives a quick and helpful way that students get valuable data assets. Mama (2006) concurs with him and he additionally shows that the learning by eSearch can be lifetime learning with the ease. Truth be told, the embodiment of eSearch has a place with the extent of e-learning framework. Holmes and Gardner (2006) contend that e-learning style dependent on web or other data and correspondence innovation, the students can realize what they need to realize by web. In the mean time, some finding additionally indicated the impediments of utilization of scholarly web index. Kruse (2004) thinks about that occasionally there are some specialized issues that the chance of acquiring incorrectly data when utilizing eSearch application access to the assets, which will sit around idly. In addition, Allen (2003) makes reference to that the e-learning framework is defectiveness, which absence of powerful and collective learning thus much research examine by e-realizing way that outcomes a pool execution. Regardless of these writing referenced are the two favorable circumstances and inconveniences of utilizing eSearch style, all finding are surface and general, which appears to be just about the way that gets data by online application like eSearch is positive or negative. The extent of information assortment is extremely wide. They didn't concentrate on an uncommon gathering and notice any focal points or detriments of utilizing eSearch application that identify with understudies who need to get scholastic data assets, particularly for the individuals who need to realize whether focal points of utilizing eSearch to do an exploration venture exceed disservices among the NTIC. This appears as though that more work need to do in this particular zone. The useful utilization of eSearch At present, the scholastic internet searcher as a typical practice is likely assuming fundamental job in a lion's share of learning foundations. From one perspective, Allen (2003) focuses that numerous understudies acquire data by utilizing eSearch style since it is increasingly adaptable and intriguing for their learning. Then again, Allen additionally specifies that a few understudies imagine that eSearch applicatons are exhausting, pointless, a frail looking through capacity that can't get to helpful assets after they attempted eSearch applications. Disregarding that, the eSearch application is as yet assume a functioning job on learning of research. In handy case, inspirational perspectives are more than negative mentalities (Burgess, 2007). It appears as though that the improvement of data and correspondence innovation lead to an unavoidable result. Nonetheless, their finding didn't make reference to that how significant or valuable when utilizing an eSearch application to do a scholastic research. Moreover, due to eSearch style can get scholarly data assets legitimately and dependably, numerous libraries of learning foundations create electronic library as a scholastic data explore device. Gibbons (2007) contends that the scholarly library depends on Web 2.0 with plenteous scholastic data assets, which can basically look through a book or other scholastic data. In the mean time, Gibbons features that eSearch style gives magnificent opportunity to understudies who live in the web age. By the by, every single past outcome simply show acquiring scholastic data assets by eSearch style is suggested, however for NTIC understudies, there is no examination finding to show that the upsides of utilizing eSearch on NTU site exceed detriments. Likely, this hole will be filled by this exploration. Strategy This segment is going to state what examine technique was decide for the information assortment of this exploration and how to oversee it. Research procedure isn't just about what strategies the investigation use, the rationale behind the strategy is very significant too and it additionally need to clarify why the specific technique was chosen and for what reason didn't pick others (Kumar, 2008). Strategy for Data Collecting A survey that dependent on picked theme zone has been utilized for information assortment. This is principle and extraordinary technique for information assortment this exploration utilized. Others like meeting or perception have been thought of, in any case, because of absence of times, those are intricate technique for this examination. To utilize those way, which are more earnestly to oversee and most likely will cost additional time. In this way, so as to gather reasonable data promptly and productively. The survey was picked. To perceive how great the survey done, which is a generally fitting route for the reason that gathering valuable data among understudies who learn at NTIC. Survey Administering The survey of this exploration was managed by means of both email and vis-à-vis way. These two different ways are both function admirably. To convey polls by means of up close and personal way, it appears as though an ideal way to deal with recover the data of the examination. Actually, here and there to pose inquiries and find solutions from others particularly the individuals who are more bizarre and don't have a clue where do their answers going. They not just stress over the security of some protection yet in addition thoughtful when face to an outsider. Because there is somewhat troublesome by means of up close and personal way, so as to flexibly an inadequacy, a few surveys sent through email. The respondents arbitrarily originated from the email rundown of NTIC understudies. Portrayal of Questionnaire There are thirteen inquiries in the survey (index 1) and incorporate two inquiry types. The vast majority of inquiries are list question. There were nine inquiries are list, which gave a few or more decisions for respondents. Other four inquiries are scale question, which give various phases of scaling to re

How to Study History Terms for a Test

The most effective method to Study History Terms for a Test At the point when you study terms and definitions for a history test, the most ideal approach to make the data stick is to comprehend your terms in setting or see how each new jargon word identifies with other new words and realities. In secondary school, your instructors will cover what occurred ever. As you proceed onward to school history courses, you will be relied upon to know why an occasion occurred and the reasons every occasion is significant. This is the reason history tests contain such a large number of articles or long-answer questions. You have a great deal of disclosing to do! Accumulate History Terms Some of the time an instructor will give understudies an examination manage that contains a rundown of potential terms for the test. As a rule, the rundown will be long and scaring. A portion of the words may appear fresh out of the box new to you! On the off chance that the educator doesnt give a rundown, you should think of one yourself. Experience your notes and the parts to concoct an extensive rundown. Dont be overpowered by a not insignificant rundown of terms. Youll see that they immediately become recognizable once you begin to survey your notes. The rundown will appear to be shorter and shorter as you study. To begin with, youll need to find the terms in your group notes. Underline them or circle them, however dont utilize a shaded highlighter at this time. Survey your notes and see which terms showed up around the same time or talk. Build up connections between the terms. How are they connected?Pretend that you are composing a news report on the occasion or topicâ and compose a section that contains three or four of those terms. Your section ought to contain a date and the names of any notable individual who may be identified with the hugeness of the occasions or terms (like a president).Keep composing passages until you go through your terms. You can re-utilize a term in the event that one term fits well with at least two bunches. This is something to be thankful for! The more you rehash a term, the more youll comprehend its hugeness. When you have completed the process of making and perusing your passages, figure out how to use your best learning style. Study Tips Visual: Go back to your notes and utilize a highlighter to interface your terms. For instance, feature each term in one section green, feature terms from another passage yellow, and so on. Make a rundown of huge individuals and spots for every occasion arranged on the course of events. Thenâ draw a clear course of events and fill in the subtleties without taking a gander at your unique. Perceive how much material you held. Likewise, tryâ putting the course of events on post-it notes and glue them around your room. Stroll around and effectively note every occasion. Remember that its not helpful to retain an enormous list of notes on a subject. Or maybe, its increasingly successful toâ establish aâ connection between the facts. Think about occasions in aâ logical request to assist you with getting them, and think about the utilization of brain maps, a various leveled chart used to outwardly sort out data. Sound-related: Find a chronicle gadget to record yourself as you read over each section gradually. Tune in to your chronicle a few times. Material: Make cheat sheets by putting all the terms on one side of a card and the whole passage on the other side. Orâ put an inquiry on one side (eg, What year did the Civil War happen?) and afterward the appropriate response on the opposite side to test yourself. Rehash your procedure until each term appears to be totally natural to you. Youll be prepared to answer singular definitions, long and short answer questions, and article questions!

Jouney to the Award Research Paper - 8250 Words

Jouney to the Award (Research Paper Sample) Content: Lockheed Martin Missiles and Fire controlStudentà ¢Ã¢â€š ¬s Name:Instructorà ¢Ã¢â€š ¬s Name:Course and section number:ABSTRACTQuality is the conformance a set of predetermined standards. Contrary to popular opinion Americans have not always appreciated the value of quality. Back in the early years of the cold war, quality was a statistical quantity. When the Japanese challenged the might of American business on the basis of quality most businesses were reluctant to embrace the concept. The government had to devise a policy to encourage organizations to provide quality products and services within the US. This resulted in the introducing the baldrige quality award.Lockheed martin missilesà ¢Ã¢â€š ¬ and fire control is an American company that engages in production of arms mainly for military organizations. They have perfected the art of delivering quality over the years. In this paper we explore the journey of the company as provided by information disclosed to Nati onal Institute of Standards and technology.Keywords: Baldrige Quality Award, performance, 5.4 sigma, product development, customerImportant Acronyms: Lockheed Martin missiles and fire control(MFC), Enterprise Excellence System (EES), Senior Leadership Team (SLT), Enterprise Leadership Council (ELC), vision, mission, and values (VMV), Business Conduct Guidelines (BCG), Performance Excellence Plans (PEP), Integrated Talent Management Process (ITMP) Defense Contract Management Agency (DCMA), Human capital framework(HCF), information systems and global solutions (ISGS), Strategic Planning and Execution System (SPES), Customer Performance Assessment Report (CPAR) National Institute of Standards and Technology (NIST)..: INTRODUCTION TO BALDRIGE AWARDThe Malcolm Baldrige award was established to provide a platform for American companies to compete on a quality basis. In the early seventies Japanese companies, riding on the ignorance of American companies towards quality, perfected art of d elivering quality. As a consequence American companies lost business as the market shift to Japanese products. The quality award recognizes sustained quality excellence in providence of products in the United States.The award was established in 1987 by the U.S. Congress to raise awareness of quality management. It achieves this by acknowledging U.S. companies which have successfully implemented quality management systems. The Award focuses on six categories of production and service delivery i.e. service, manufacturing, education, small business, healthcare and nonprofit organizations. The award is named after the late Secretary of Commerce at the time of its establishment Mr. Malcolm Baldrige. He was a stout crusader for quality management and actively participated in lobbying the government to adopt a policy for encouraging provision of quality by companies in the country.The award is administered annually by the U.S. Department of commerce National Institute of Standards and Tech nology (NIST). Initially the award targeted manufacturers, small and service businesses. Later in 1999 education and healthcare categories were added to eligible categories and in 2007 government and nonprofit categories were added into the fringe.Organizations that make a claim for the Baldrige Award are evaluated by board of independent assessors. Recipients are chosen based on achievement and improvement in seven areas which are known as the Baldrige Criteria for Performance Excellence. The winners have to demonstrate commitment to delivering quality in each of the seven areas. Below is a brief of each of the criteria: 1 Leadership: examines the management strategies employed by the upper, management of the company. It also scrutinizes how the company leads within its local community. 2 Strategic planning: looks at how the company creates plans to execute its strategic decision. 3 Customer and market focus: How the organization builds and maintains strong, lasting relationships with customers. 4 Measurement, analysis, and knowledge management: focuses on How the company collects and uses data to sustain its key processes as well as managing itsà ¢Ã¢â€š ¬ performance. 5 Human resource focus: focuses on the empowerment and involvement of the companyà ¢Ã¢â€š ¬s workforce. 6 Process management: focuses on how the process of designing, management of the process to improve its key processes. 7 Business performance results: the main idea here is to evaluate how the company performs in terms of customer satisfaction, human resources, finances, supplier partner performance, operations, governance social responsibility as well as how it compares to its competitors.In this project we will examine theMissiles and Fire Control Company (MFC) who won the award in 2012.: THE LOCKHEED MARTINMissiles and Fire Control COMPANYMFC is a subsidiary of a larger company, Lockheed martin, a global security and aerospace company which is headquartered in Bethesda. Primarily MFC is involved in research, design, development, manufacture of advanced technologies which they integrate into sustainably into their products and services. For Lockheed martin large numbers defines their operations and ambitions. In 2011 alone the company made net sales of $46.5 billion! Considering that this was achieved in the backdrop of managing a whooping 120000 people we can appreciate the amount of coordination involved in the whole process of production and provision of services.The MFC is headquartered in Dallas, Texas. They have a major facility in Orlando with additional smaller facilities located in nine U.S. states, the United Kingdom and Japan. MFC is involved in designing development and manufacture of advanced munitions, control systems and rocket propelled weaponry. This effectively means that its market comprises customers drawn mainly from the local and foreign military. With a workforce of nearly eleven thousand employees involved in production of over a hundred products, quality can be a difficult goal to achieve. The nature of their clientsà ¢Ã¢â€š ¬ operations provides very small margins for technical malfunctions necessitating that quality be observed to the highest degree possible. As a result MFC has had to develop a high standard of conformance and a custom of cultivating quality management in their employees.The successful implementations of these practices have seen clients benefit from a lower cost of quality as well as achieve optimal performance for the purchased product. This has seen the number of return customers improve by 32% between 2006 and 2011. As a manufacturer this is proof that their service provision is well above the market expectation. On a marketing platform the previous five years had reaped the benefit of network marketing among its customers. In that span foreign customers approaching the institution for business more than quadrupled. There is little else that emphasizes the level to which the MFC upholds it s quality standards.The general belief at MFC is to make performance the primary objective. This embodies scheduling different operations, optimizing costs and maximizing utilities. In a strategic positioning sense this was a stroke of genius that enabled the company to stabilize and maintain the lead position in a shrinking market in the 2006 to 2011. This is a major achievement for a company owing to its enormous size.Observing a strict code of conformance has also benefited the companyà ¢Ã¢â€š ¬s growth strategy. Lockheed Martin uses return on investment as strategic measure for growth in its daughter companies. According to information disclosed to NIST, MFC has grown at a 23% compound annual rate 10 points higher than the industry-best competitor. In 11 years preceding the award of the Baldrige award the company managed to sustain an annual growth rate of 6.2 percent in terms of its operating margin. This is a huge margin on their best placed competitor Standard Poorà ¢Ã¢â€ š ¬s (SP) 500, a Capital Goods Manufacturing company, with an index of 1.5%. Truly the award is a celebration of achievement of excellence.The level of achievement highlighted in these was made possible by the process efficiency. The results arose from efforts towards strategic planning. MFC employed a value stream mapping system to optimize the production process. The program (Strategic Planning and Execution System) employs a vigorous analysis methodology to develop strategic and tactical action plans. The plans are based on the customer, market needs and other environmental assessments. The process hence provides for performance optimization and agility while promoting long-term sustainability and accountability. It integrates metrics, work processes, and modeling and simulation to provide feedback for continuous learning. This has enabled the company to acquire crucial information about changes that can be expected. This leads to formulation of processes that address any changes in customer preferences ahead of time.Between 2002 and 2012 the company evaluated 8500 of its processes. The mapping optimized about 90% of the enterprises direct costs and 6 percent of indirect costs. Time reductions resulting from process and performance improvement in the lines of MFCà ¢Ã¢â€š ¬s businesses; have led to saving of about $225 million annually. Process optimization resulted in a 100% on time deliveries in 2006 with the efficiency ranging around the figure from the 2007 until 2011. The reduction in efficiency is negligible compared to the tremendous increase in number of active orders in the same period.Efficiency has not been limited to process. MFC has embraced a, "Procure to Pay" system that allows buyers across to make procurements while leveraging their purchasing power efficiently. MFC also has a, "make-or-buy" process to help them to decide w...

Review Of Higher Learning - 966 Words

Higher learning is a movie about 1990’s incoming freshman class at Columbus University. The class is a diverse group of Caucasian, African American, Jewish, and Hispanic people who are all trying to discover what they want and where they fit in at a university that has already categorized them and placed them in boxes based on social background. They must endure in a society full of prejudice, racism, and appropriation of rape cultural while trying to find a sense of belonging. Most of the Caucasians are blinded by the reality of black people because of their Disney World, â€Å"we are all one†, lives. Other Caucasians see black people as threats and even band together to form a white supremacy group who target students who are not Caucasian. The African Americans have to deal with prejudice and racist authorities and students in a university and world that doesn’t care to protect them. The Jews and Hispanic face a lesser yet extremely similar reality. Malik William, who is played by Omar Epps is an African American male who started off nonbiased and began associating with people of all backgrounds until his altercation with Remy, played by Michael Rapaport. Remy called him out on what he thought to be reversed racism because of the Black Panther shirt Malik was wearing. Malik felt that the issue was much greater than what Remy was leading on and confronted him about it, which sent Remy into a rage. Remy took his anger out on his Jewish roommate, which cause Malik to intervene.Show MoreRelatedArticle Review : Toddlers Infer Higher Order Relational Principles On Causal Learning1808 Words   |  8 Pages Article Review: Toddlers Infer Higher-Order Relational Principles in Causal Learning Tracy Van Lone Central Washington Universityâ€Æ' Article Review: Toddlers Infer Higher-Order Relational Principles in Causal Learning There is speculation in the scientific community that human children are born with the adaptation to â€Å"think and act like scientists and philosophers† (Blaisdell, 2015). 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Oedipus Rex As Modern Tragedy Catharsis Or Cognitive...

Oedipus Rex as Modern Tragedy: Catharsis or Cognitive Emotion Oedipus Rex, an Athenian tragedy written by Sophocles, tells the tale of a noble king brought low by a serious of harrowing events set in motion by the Gods and unwittingly furthered by the actions of the king. Aristotle believed that Oedipus Rex was the prime example of the tragedy; however, modern readers might entertain that the play is unworthy of such praise. In this paper I will put forth the argument that Oedipus Rex, though heartfelt, no longer meets the requirements of tragedy as defined by Aristotle and that, rather than engendering catharsis, the work exemplifies a near-inevitable decline in the ability of media as a whole to evoke emotion from today s jaded society. Using information gathered from Aristotle s consideration of the ideal of tragedy and from a selection of psychological studies, I will examine the tragedy from the perspective of emotional empathy and use this framework to consider Rex s ability to transition from cognitive empathy to emotional empathy strong enough to result in catharsis. Throughout history, many have believed that man s ability to produce a poetic reflection of the world around him is what sets him apart from lesser lifeforms. Italian Jurist Giambattista Vico famously wrote in his book The New Science that, This poetic wisdom†¦., was unquestionably the first wisdom of the world..., (Vico). His belief was far from original —in fact, it has spurred countless

Civil Rights and Civil Liberties

Question-Select one case of Cases and Controversies: Civil Rights and Liberties in Context. After thoroughly exploring the case, use it as the basis for a 2-3 page examination of the impact of United States Supreme Court rulings on our daily lives,a summary of the appropriate facts of the case you selected, a discussion of what the Court was actually asked to decide the issue's, how the court ultimately decided this/these issues and an explanation of why the court decided the way that they did? Table of Contents Case: Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833) 3 Introduction Issue Facts of the case Arguments and Previous Decisions Judgment Conclusion References Case: Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833) Introduction The case of Barron vs. Baltimore (Barron v. Mayor and City Council of Baltimore, 1833) as a significant case where the decision of the Supreme Court with regard to the American Constitutions Bill of Rights is very crucial. The Supreme Court ruled that the Bill of Rights in the Constitution restricts only powers of the federal government and not the powers of the state government (Irons, 2005). Issue The issue in this particular case was that whether the Fifth Amendment allows or denies the states and the federal government the right to take away the private properties of individuals for the public use without giving proper compensation to the owner of the property. Facts of the case In this case the person John Barron owned a lucrative wharf in the harbor of Baltimore. He had sued the Mayor of Baltimore for damages because when the city diverted the flow of stream when a street construction was carried out a lot of sand and earth was created near the wharf that made the water very shallow for most of the vessels that arrived at the harbor. When the case was in the trial court the court awarded $4,500 to Barron (Haeck Brems, n.d.). However, later the appellate court reversed the decision. Arguments and Previous Decisions During the trial of the case at the Baltimore county court, the plaintiff provided sufficient evidence to prove the original course of the streams and also the various other works of the corporation that in regular time periods turned the direction of the wharf and resulted in ruining the business of the plaintiff (Barker Barker, 1972). The defendants did not assert even once that they made any compensation for the injury and further they also justified that under the appropriate authority that they had deduced from the charter of the city that was granted by the Maryland Legislature and also under some other acts of the legislature that conferred powers to the corporation with respect to paving of streets, regulation of harbor and also the health of the city. The defendants further denied that the plaintiff had shown any cause of action and further asserted that the injury that has been complained by the plaintiff was an issue relating to public nuisance and it cannot be considered as any individual grievance under the law. The last ground was considered to be an exception and was considered as reason for motion in arrest. With regard to all the points the Baltimore county court went against the defendants and finally a verdict was given to give the plaintiff $4,500 (Hall, 1987). An appeal was made to the court of appeals that reversed the judgment of the Baltimore County Court and after the judgment of the court of appeals the defendants prosecuted a writ of errors. A number of points were put forward by the counsel of the plaintiffs. The legislative sanctions of Maryland, the corporation acts of Baltimore, the protection for interests in wharves constructions, the rights and profits of wharfage and the objects of navigation were a vested interest and incorporeal heriditatment. These interests are inviolable by the states except by giving just and proper compensation. Judgment The decision of the Supreme Court was that regarding the Bill of Rights particularly the gurantee under the Fifth Amendment that the governments cannot take private property for public use without paying just and proper compensation is restrictions that are applicable to the federal government only (Torr, 2003). In an unanimous decision the Court held that the first tem amendments do not contain any such indication that the restrictions apply to the state governments also. Conclusion The ruling in the case of Barron v. Baltimore was very simple that the Bill of Rights apply to the federal government only and not to the states. Chief Justice Marshall had also stated that this interpretation was made without any difficulty and it was evident from the structure and language of the Constitution (Cohen Wells, 2004). Nevertheless, despite the ruling of the Court the state governments interpret the Bill of Rights as applying to their government and further view them as reflection of the general laws Anglo- American culture. This ruling prevailed in the federal courts of the United States till the Fourteenth Amendment was passed after the civil war (Friedman, 2002). Slowly since then the Supreme Court interpreted the Fourteenth Amendment and it banned the state governments from taking away of the rights of life, liberty or property without the due process of law. Further a number of amendments in the Bill of Rights against the states were incorporated including the taki ngs clause in the Fifth Amendment. References Barker, L., Barker, T. (1972).Freedoms, courts, politics. Englewood Cliffs, N.J.: Prentice-Hall. Barron v. Mayor and City Council of Baltimore, 32 U.S. (7 Pet.) 243 (1833). Cohen, D., Wells, J. (2004).American national security and civil liberties in an era of terrorism. New York: Palgrave Macmillan. Friedman, L. (2002).American law in the 20th century. New Haven: Yale University Press. Haeck, Y., Brems, E.Human rights and civil liberties in the 21st Century. Hall, K. (1987).Civil liberties in American history. New York: Garland. Irons, P. (2005).Cases and controversies. Upper Saddle River, N.J.: Pearson/Prentice Hall. Torr, J. (2003).Civil liberties. San Diego, CA: Greenhaven Press.