Saturday, December 28, 2019

Serving Mentally Ill Prison Populations Essay - 1030 Words

Serving Mentally Ill Prison Populations Kylee L. Radcliffe Argosy University Abstract [The abstract should be one paragraph of between 150 and 250 words. It is not indented. Section titles, such as the word Abstract above, are not considered headings so they don’t use bold heading format. Instead, use the Section Title style. This style automatically starts your section on a new page, so you don’t have to add page breaks. To apply any text style in this document with just a tap, on the Home tab of the ribbon, check out Styles.] Serving Mentally Ill Prison Populations The United States has the highest rate of adult incarceration among the developed countries, with 2.2 million currently in jails. In the last three decades those with mental disorders have been increasing more rapidly than the courts would like, which could be the result of the deinstitutionalization of the state mental health system. What Are the Services Provided by Mental Health Courts? The mental health system focuses primarily on the treatment of illnesses, public health, and harm reduction. The courts attempt to purview each system so that they can fulfill its duty and produce the best outcomes for people that have a mental illness and for their community. The mental health court system likes to motivate individuals to connect to community-based treatment services while the court monitors their progress and ensures public safety. According to Almquist L. and Dodd E., the definition to MentalShow MoreRelatedThe United Of Prison System874 Words   |  4 Pagesthough it makes up for 5% of the world’s population, it also makes up for 25% of all of the world’s prisoners, according to the International Centre for Prison Studies. The US has been ranked number one in a ranking of 221 countries who incarcerate the most out of every 100,000 of the national population. Out of every 100,000 Americans, 707 are incarcerated. That’s 10 times as many peopl e as Norway, 15 times as Iceland, and 14 times as Japan. The United Sates prison system focuses on punishment ratherRead MoreThe Death Of Christopher Lopez918 Words   |  4 PagesA lawsuit has been filed over the death of Christopher Lopez who was a diagnosed mentally ill inmate. On March 17, 2013 Lopez died while incarcerated in the San Carlos Correctional Facility. Lopez died on a concrete floor struggling to breathe while guards watched through the food slot to his cell. The reality of it which is why this is beyond frustrating and unacceptable in America is because Lopez s was a schizophrenic. Lopez was given a psychotropic drug to deal with his schizophrenia. LopezRead MorePrejudice Against The Mentally Ill1157 Words   |  5 PagesPrejudice against the mentally ill is a prominent in Canadian society. Prejudice can be seen in Canada. There are government issued initiatives to help people with mental illness. The effects of prejudice can be felt by an individual, all of Cana da, and the global world. Some of the organizations have succeed in their fight. Mental healthRead MoreThe Implications Of The Criminal Justice System Essay1683 Words   |  7 Pages Prison is a place that houses vile and deplorable individuals that have disturbed the public’s peace, a place where justice is served†¦ Or at least that is how it is portrayed. It is easy to forget that these individuals are also human, just like everyone else that might have made a mistake that led them to be in a particular situation. Some may be in this predicament due to their background, others may be due to some kind of illness. The criminal justice system is in no way perfect, which is whyRead MoreThe Criminal Justice System Lacks The Necessary Fiscal986 Words   |  4 Pagessystem lacks the necessary fiscal resources to manage the needs of mentally ill offenders. Mentally ill offenders have limited access to mental health professionals, medical staff, and criminal justice professionals who can accurately assess, evaluate, diagnose and treat their mental health issues. â€Å"Prisons and jails have a legal obligation to provide health and mental health care for inmates† (Ford et al. (2007), yet mentally ill offenders are not receiving services they need or are entitled toRead MoreThe New Asylum Essay1188 Words   |  5 Pagesinto the crisis mentally ill inmates face in the psychiatric ward in Ohio state prisons. The episode shows us the conditions and every day lives of mentally ill patients in Ohio state prisons, and explains how these inmates got to this point. It appeared that most of these prisoners should have been patients in an institute of some sort, out in society, but unfortunately due to whatever circumstances they ended up in prison. According to the episode, most of the inmates end up in prison due to them notRead MoreAdministrative Segregation And Its Effect On The Workplace1297 Words   |  6 Pagesinmates reside 23 hours a day and are allowed out for one hour to exercise in a 6X10 cage. Administrative Segregation s trips inmates from the little privileges they do have while locked behind bars. Many consider Administrative Segregation as a prison within a prison for inmates who act out of order. The time table for inmates who serve time under solitary confinement is based upon the severity of the violation, sentences can range from a few days, to a few months and in some cases time over a year. OneRead MoreThe Issues Of The Criminal Justice System Essay1647 Words   |  7 Pagestreatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to careRead MoreThe Effects O f Crime And Mental Illness1245 Words   |  5 Pagespieces of research show that the US has the largest number of its citizens in prison with severe mental illness. This essay will analyze how crime and mental illness is a crisis in America that has fundamentally been avoided over the years that have seen the decline in institutions that were previously designed to help this population. According to studies, the United States has more than 2.2 million people in prisons and jails, and many of them have mild to severe mental conditions. According toRead MorePrison Reform During The United States1456 Words   |  6 PagesAshlyn Frazier Taylor English IV October 20, 2015 Prison Reform in America For many years now, the criminal justice system has become stricter, causing more and more people to be arrested and sentenced to prison. As prisons become more occupied, the living conditions, health, and treatment of prisoners starts to deteriorate, which has become a trend over the last few decades. However, President Obama has noticed this prison environment and has taken a stand in saying that something needs to be done

Thursday, December 19, 2019

The Great Depression Of The 1920s - 1346 Words

The 1920s was an economic growth period for American companies and businesses. One of the key ways of making money during this period was to buy stocks and shares. As with consumer goods such as washing machines and kitchenware’s, there was the option of buying stocks and shares on credit, which meant that purchasing shares on the stock market was available to almost everyone. Thousands of Americans rushed in to gain benefit from the share market with many using their life savings or borrowed money to take advantage of this boom. These dramatic increases in the sales of shares and stock led to over production; which in the long run, simply could not be sustained. The Wall Street stock market crashed in October 1929 and this triggered the†¦show more content†¦Although the Wall Street Crash signalled the beginning of the Great Depression across the globe, there were other significant underlying factors that contributed to the devastating impact it had on Australia. The Government had been borrowing money from the United States in the form of loans or buying things on credit. The Wall Street Crash led the American Government to begin to recall all borrowed offshore money in order to get their economy back up and running, this was a problem for many nations who were in debt to the U.S. There was also a decrease in the amount of exports shipped from Au stralia and in turn, their price was then lowered which resulted in a fall in off shore spending and lead to a reduction in Government capital spending (Cooksey, 1970) The Great Depression hit the shores of Australia during the 1930’s when international commodities dropped and the nation was left in debt. This initiated a period of high unemployment, poverty and extreme hardship for the people of Australia. The Depression not only affected the nations economy but it also had a huge social impact on Australia’s population as many families and individuals were forced out of their homes and jobs, and were made to live in poverty. (Cooksey, 1970) Due to the decrease in factory productions there was a cut in wages, as well a cull of

Wednesday, December 11, 2019

Implementation of Field Sales Wireless Data Entry Devices

Question: Discuss about the Implementation of Field Sales Wireless Data Entry Devices. Answer: Introduction: The process of introducing a new computerized system requires an in-depth knowledge of our strengths, weaknesses, opportunities and threats to our business. The analytical framework of S.W.O.T in regard to Grand Wines Ltd will help the company keep and expand the current market as well as conquer the current challenges it faces. S.W.O.T analyzes and enables companies to capitalize on strengths and opportunities to eliminate threats and weaknesses towards the business. Strength of Grand Wines Ltd is currently based on the fact that the clientele base is strong and growing.The quality of our products is another factor that has kept our customers loyal to us even with the current dissatisfaction being experienced. With on ground twenty experienced and Knowledgeable sales representatives in the company is among top capabilities that the company can bank on This small team can adapt quickly and be trained at a lower cost to achieve new data entry skills in addition to their sales abilities. It is to the sales team that the company can gather data in regard to our products as well as other competing companies products. Grand Wines Ltd current centralization of operations in Sydney is a plus as it cuts operation cost. Centralization also helps in easier coordination for the company as well as having clear communication channels. Crystal clear organization structure and control being centralized is another addition as decision-making is quickly achieved. The decentralization of the sales function department with an on the ground sales team is another major strength factor (Balachandra, R., Raelin, 1984). Weakness is another of the forces that influence strategic initiatives and actions. Knowing the negative is as important as knowing the positive element in order to cut and maintain a niche in the competitive market. The main weakness to Grand Wines Ltd lies in the area of sales efficiency. There is an obvious challenge in the processing of customers orders all the way to the delivery of the orders. A mix-up and delays in customers orders are both unacceptable and preventable if a system that is efficient enough is in place (Lee et al., 2000). The sales team lacks the knowledge of the inventory status and manual input of orders that are then faxed or mailed to Sydney for entry into the sales database is a key weakness. With other competitors in the wine business market who have implemented an improved ordering system as compared to Grand Wine Ltd. The company completive advantage has been diminished by a great margin. Opportunities. Should the company take the advantage of exploring the various opportunities in the wine market in Australia? With a domestic sales volume share indicators showing a vibrant and growing wine appetite based on sales report. The knowledge different companies having implemented better ordering systems that have shown better returns and improved customer satisfaction shows that if implemented in our own company the company shall not be outperformed in delivery, accuracy, among others and will play catch up on a more level ground with the competitors. The current situation of competing with other companies cannot yield any competitive result as a manual system cannot beat a computerized one that puts information at the fingertips of sales personnel and through the chain of all departments involved (Balachandra, R., Raelin, 1984). Threats to Grand Wine lies in the lack of a clear strategy. Lack of implementation of a more competitive plan and establishing control of supply as well as channels to distribute to all the 400 wine and liquor stores in NSW. This is a threat to the future of the existence of the company. Competitors are also a major threat to them being able to deliver faster and more accurately that Grand Wine Ltd. In relation to the established facts, competition and the need to remain relevant in the wine business. We have categorically come to a conclusion of equipping our sales team on the ground with wireless data entry devices that will enable a seamless execution of a client's orders in real time from the point of order entry from the field by the sales team that instantly gets reflected in the Sydney database. The lack of inventory knowledge capacity will be eliminated as the inventory shall be linked and integrated into the database and shall, therefore, enable sales teams to know what is a vailable and quantities available. The data processing team in Sydney shall be reassigned to other duties thus cutting operations cost. Delays in getting supplies to clients lost orders due to human error on manual data entry and lack of a competitive order system are among top reasons that there is a need to change the current status quo in modus operandi Goals Procurement of wireless data entry devices Purchase of a central remote server, application software and database security Training of personnel in the use of new technology and database. Implementation of real-time data transfer Roll out of the new system Expected end results Overall customer appreciation and satisfaction Enhancement of competitive edge of Grand Wines Limited Project wraps in under six months and is within AUD60000 Efficiency in sales orders and supply chain. Online data storage. Project limits The logistic cost of orders under the new efficient system shall not be covered in this scope. Reassignment of duties of personnel rendered redundant by the new system Shipment cost of wireless devices Warehousing of accumulated manual paperwork Strategy implementation criteria and top management support External environment factors Team members and project management factors Resources availability This includes any resource or documentation required for the project. They include but not limited to schedules, presentations, and work flow structure, contracts scope of work, proposals, development and implementation criteria and case studies. These documents should include delivery dates to the end users-project manager. Metric comparison factors Efficiency Progress Performance Productivity Availability of all resources Performance and skills of members Budget allocation limitation Period of charter Technical constraints Business-related constraints [Name], Project Client [Name], Project Sponsor [Name], Project Manager Communication Plan Template This is a guiding plan that helps in acknowledging information and messages as well as intended audience. It's policy driven and formally defines who gets what information. Mode of information delivery and channels to use. In the case of Grand Wines Limited The database access is based on the need to know and need to access. The sales representatives shall have access to the customer's database as well as inventory segment of the overall database. The implementationphase of the wireless devices, vertical communication between the projectmanager and support departments shall be encouraged during reporting of project status and achievements and shall be through email for the purposes of documentation. Diagonal communication happens at the level of different departments. Due to the sensitivity of various aspects of security of the database I.T department in regard to secure sign in into the system Shall the only privy to the department (Lee et al., 2000). The need for a weekly meeting t o brainstorm and update on the status of the project between different departments is paramount towards the success of the project and a bi-weekly meeting between directors and the project manager as well as a monthly meeting between the project manager and the CEO of the company. All the meetings with the exception of sales department shall be held at the headquarters in Sydney. Intercom conference meetings shall be held over the Internet by use of Skype as a channel. The project manager through email for the purpose of avoiding conflicting messages shall communicate all changes and new directions. Meeting agendas shall be based on the stage of the project. References Balachandra, R., Raelin, J. (1984). When to Kill That R and D Project. Res. Manage., 27(4), 30-33. Lee, A. S., Myers, M., Pare, G., Urquhart, C., Markus, M. L. (January 01, 2000). Three Perspectives: If Markus' 1983 Classic Study, "Power, Politics, and MIS Implementation," Were Being Reviewed Today. Proceedings of the International Conference on Information Systems, 724-726.

Wednesday, December 4, 2019

Isaac Asimov Essays - Futurians, Isaac Asimov,

Isaac Asimov Isaac Asimov was born on January 2, 1920 in Petrouchi, Russia. His parents were Judah and Anna Asimov. Isaac also has a sister Veronica and a brother Stanley. In 1923 his family immigrated to the United States. He and his family grew up in Brooklyn, New York. In Brooklyn his family ran a small candy and magazine store. This is one of the places where Asimov began to learn about printing. Also it was here that Asimov learned good business and self-discipline skills (Bloom, 251). Asimov attended school and was a very bright student. He went to college at Columbia University. He graduated from there with his master's degree in Chemistry in 1941. His career was cut short though because in 1942 he moved to Philadelphia Naval Yard to work for the war. In 1945 he entered the army. In July of 1946 he was discharged from the army and he moved around for a few years till settling in West Newton, Massachusetts with Gertrude. It is there that he raised his family (Seiler,8). Asimov married Gertrude Blugerman on July 26th, 1942. They met on a blind date on Valentine's Day. In 1955 their first son was born they named him David. Four years later their daughter Robyn Joan was born. Asimov met another woman Janet Jepson at a mystery writers banquet. The two of them were immediately attracted to one another. In 1970 when Gertrude and Asimov separated he moved in with Janet. His divorce to Gertrude was officialized on November 16th, 1973. On November 30th, 1973 an official of the Ethical Culture Society married Asimov and Janet in her home. They did not have any children (7). Asimov worked for many years of his life before become just a writer. His first job was in 1929. When Asimov's mother became ill and could no longer work at the family business. This is where Asimov first learned his skills he would carry for the rest of his life. He was a hardworking diligent man. After the war and everything Asimov became an instructor at the Boston University of medicine. He was promoted to assistant professor in December of 1951. On July 1st, 1958 he gave up his teaching job and became a writer. Finally in 1979 he was promoted to professor (9). Being a very diligent writer Asimov wrote more than eight hours a day, seven days a week. Although he was also preoccupied with writing he made time to get out and do things. In 1971 he joined the Dutch Treat Club. They were a group who met every Tuesday at a hotel for lunch. Another group, which Asimov was a part of, was the Baker Street Irregulars. This was a group of Sherlock Holmes fans. And although Asimov admitted to not liking Holmes that much he did love to make toasts and speeches at banquets. One of his favorite things to do was sing and he belonged to 2 other groups the Gilbert and Sullivan Society. There were two additional societies, which Asimov belonged to that influenced some of his stories (10). At the young age of eleven years old Asimov began writing. With his first attempt at writing he began The Greenville Chums at College. This was a story based on the lives of 3 young boys living in a small town. At first Asimov gave up writing, for he did not think he knew what he was doing. However, his whole attitude changed when at school one day he told the story he had written. His friend was impressed with it and wanted to borrow the book when Asimov finished it. This gave Asimov the confidence he needed to begin a writing career that would last a lifetime. Asimov's first published writing was in his high school's newspaper column. He wrote a humorous story called ?Little Brothers.?(12) Asimov's first published story was in 1939 it was entitled ?Marooned Off Vesta?. This story was featured in the magazine Astounding Science Fiction. The astounding publisher of this magazine was John W. Campbell Jr. He and Asimov had a close relationship and it was this that gave Asimov his beginning of a prosperous career. Asimov wrote mainly science fiction stories about robots. His Isaac Asimov Essays - Futurians, Isaac Asimov, Isaac Asimov Isaac Asimov was born on January 2, 1920 in Petrouchi, Russia. His parents were Judah and Anna Asimov. Isaac also has a sister Veronica and a brother Stanley. In 1923 his family immigrated to the United States. He and his family grew up in Brooklyn, New York. In Brooklyn his family ran a small candy and magazine store. This is one of the places where Asimov began to learn about printing. Also it was here that Asimov learned good business and self-discipline skills (Bloom, 251). Asimov attended school and was a very bright student. He went to college at Columbia University. He graduated from there with his master's degree in Chemistry in 1941. His career was cut short though because in 1942 he moved to Philadelphia Naval Yard to work for the war. In 1945 he entered the army. In July of 1946 he was discharged from the army and he moved around for a few years till settling in West Newton, Massachusetts with Gertrude. It is there that he raised his family (Seiler,8). Asimov married Gertrude Blugerman on July 26th, 1942. They met on a blind date on Valentine's Day. In 1955 their first son was born they named him David. Four years later their daughter Robyn Joan was born. Asimov met another woman Janet Jepson at a mystery writers banquet. The two of them were immediately attracted to one another. In 1970 when Gertrude and Asimov separated he moved in with Janet. His divorce to Gertrude was officialized on November 16th, 1973. On November 30th, 1973 an official of the Ethical Culture Society married Asimov and Janet in her home. They did not have any children (7). Asimov worked for many years of his life before become just a writer. His first job was in 1929. When Asimov's mother became ill and could no longer work at the family business. This is where Asimov first learned his skills he would carry for the rest of his life. He was a hardworking diligent man. After the war and everything Asimov became an instructor at the Boston University of medicine. He was promoted to assistant professor in December of 1951. On July 1st, 1958 he gave up his teaching job and became a writer. Finally in 1979 he was promoted to professor (9). Being a very diligent writer Asimov wrote more than eight hours a day, seven days a week. Although he was also preoccupied with writing he made time to get out and do things. In 1971 he joined the Dutch Treat Club. They were a group who met every Tuesday at a hotel for lunch. Another group, which Asimov was a part of, was the Baker Street Irregulars. This was a group of Sherlock Holmes fans. And although Asimov admitted to not liking Holmes that much he did love to make toasts and speeches at banquets. One of his favorite things to do was sing and he belonged to 2 other groups the Gilbert and Sullivan Society. There were two additional societies, which Asimov belonged to that influenced some of his stories (10). At the young age of eleven years old Asimov began writing. With his first attempt at writing he began The Greenville Chums at College. This was a story based on the lives of 3 young boys living in a small town. At first Asimov gave up writing, for he did not think he knew what he was doing. However, his whole attitude changed when at school one day he told the story he had written. His friend was impressed with it and wanted to borrow the book when Asimov finished it. This gave Asimov the confidence he needed to begin a writing career that would last a lifetime. Asimov's first published writing was in his high school's newspaper column. He wrote a humorous story called ?Little Brothers.?(12) Asimov's first published story was in 1939 it was entitled ?Marooned Off Vesta?. This story was featured in the magazine Astounding Science Fiction. The astounding publisher of this magazine was John W. Campbell Jr. He and Asimov had a close relationship and it was this that gave Asimov his beginning of a prosperous career. Asimov wrote mainly science fiction stories about robots. His Isaac Asimov Essays - Futurians, Isaac Asimov, Isaac Asimov Isaac Asimov was born on January 2, 1920 in Petrouchi, Russia. His parents were Judah and Anna Asimov. Isaac also has a sister Veronica and a brother Stanley. In 1923 his family immigrated to the United States. He and his family grew up in Brooklyn, New York. In Brooklyn his family ran a small candy and magazine store. This is one of the places where Asimov began to learn about printing. Also it was here that Asimov learned good business and self-discipline skills (Bloom, 251). Asimov attended school and was a very bright student. He went to college at Columbia University. He graduated from there with his master's degree in Chemistry in 1941. His career was cut short though because in 1942 he moved to Philadelphia Naval Yard to work for the war. In 1945 he entered the army. In July of 1946 he was discharged from the army and he moved around for a few years till settling in West Newton, Massachusetts with Gertrude. It is there that he raised his family (Seiler,8). Asimov married Gertrude Blugerman on July 26th, 1942. They met on a blind date on Valentine's Day. In 1955 their first son was born they named him David. Four years later their daughter Robyn Joan was born. Asimov met another woman Janet Jepson at a mystery writers banquet. The two of them were immediately attracted to one another. In 1970 when Gertrude and Asimov separated he moved in with Janet. His divorce to Gertrude was officialized on November 16th, 1973. On November 30th, 1973 an official of the Ethical Culture Society married Asimov and Janet in her home. They did not have any children (7). Asimov worked for many years of his life before become just a writer. His first job was in 1929. When Asimov's mother became ill and could no longer work at the family business. This is where Asimov first learned his skills he would carry for the rest of his life. He was a hardworking diligent man. After the war and everything Asimov became an instructor at the Boston University of medicine. He was promoted to assistant professor in December of 1951. On July 1st, 1958 he gave up his teaching job and became a writer. Finally in 1979 he was promoted to professor (9). Being a very diligent writer Asimov wrote more than eight hours a day, seven days a week. Although he was also preoccupied with writing he made time to get out and do things. In 1971 he joined the Dutch Treat Club. They were a group who met every Tuesday at a hotel for lunch. Another group, which Asimov was a part of, was the Baker Street Irregulars. This was a group of Sherlock Holmes fans. And although Asimov admitted to not liking Holmes that much he did love to make toasts and speeches at banquets. One of his favorite things to do was sing and he belonged to 2 other groups the Gilbert and Sullivan Society. There were two additional societies, which Asimov belonged to that influenced some of his stories (10). At the young age of eleven years old Asimov began writing. With his first attempt at writing he began The Greenville Chums at College. This was a story based on the lives of 3 young boys living in a small town. At first Asimov gave up writing, for he did not think he knew what he was doing. However, his whole attitude changed when at school one day he told the story he had written. His friend was impressed with it and wanted to borrow the book when Asimov finished it. This gave Asimov the confidence he needed to begin a writing career that would last a lifetime. Asimov's first published writing was in his high school's newspaper column. He wrote a humorous story called ?Little Brothers.?(12) Asimov's first published story was in 1939 it was entitled ?Marooned Off Vesta?. This story was featured in the magazine Astounding Science Fiction. The astounding publisher of this magazine was John W. Campbell Jr. He and Asimov had a close relationship and it was this that gave Asimov his beginning of a prosperous career. Asimov wrote mainly science fiction stories about robots. His

Wednesday, November 27, 2019

The concept of impossibility Essay Example

The concept of impossibility Essay Introduction This essay will dwell in an effort to analyze the philosophy of impossibleness and its operation in relation to contracts. It will look closely at both the construct of initial impossibleness originating from a common error on the portion of both parties as to the province of things before the contract was agreed and the construct of subsequent impossibleness and defeat. The latter trades with a state of affairs whether the parties enter into understanding on footings both express and implied and so a supervening event renders the public presentation of that understanding radically different from that which was envisaged by both parties at the beginning. These subjects will be discussed in greater item in the first subdivision and will run throughout the work. The essay will analyze the construct of nonsubjective and subjective impossibleness, and the regulations associating to dispatch of contractual duties and allotment of hazard. It will look at the state of affairs when either th e capable affair or a thing indispensable for public presentation is destroyed or unavailable, either partly or wholly. It will so look at how the decease or supervening incapacity of a party will impact a personal contract. Towards the latter portion of the essay, it will discourse the jobs that arise when a method of public presentation becomes impossible or a peculiar beginning becomes unavailable. It will reason by looking at the consequence of hold and impermanent impossibleness on a contract. We will write a custom essay sample on The concept of impossibility specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The construct of impossibleness The construct of impossibleness in contract jurisprudence can be split into two distinguishable classs. There are the instances where the parties neer really make a true understanding because they are mistaken as to some component of the contract before the contract is concluded and the instances where the contract becomes impossible to execute subsequent to the understanding holding been reached. By and large talking, in the first case, the contract is null Bachelor of Arts initio and in the 2nd, an otherwise valid contract is brought to an terminal from the point when the impossibleness arises. A basic illustration to exemplify the difference would be a contract for the sale of a auto. If unknown to the parties, the auto had blown up 5 proceedingss before the contract was signed the contract would be null Bachelor of Arts initio, whereas if the auto blew up 5 proceedingss after the contract was signed, the contract would be valid, but brought to an terminal by the fact that its cap able affair no longer existed. Basically the tribunals are connoting into the contract a status case in point that the capable affair exists and is capable of transportation. This construct of implied status case in point has been regarded with considerable agnosticism among observers in visible radiation of the traditional common jurisprudence position that the tribunals should neither do nor amend a deal. The chief job arises when covering with the first type of impossibleness. It is non ever wholly clear how the tribunals will explicate the implied status case in point. Smith and Thomas suggest three possibilities: A impliedly promised B that the thing existed. A impliedly promised B that he had taken sensible attention to determine that the thing existed. A and B proceeded on the common premise, for which neither was more responsible than the other, that the thing existed and its being was a status case in point of the contract.[ 1 ] Which of these options it will be, depends mostly on the comparative agencies of cognition of the parties and whether one is trusting on the other. This will be discussed at length through the class of the work. It besides may be that on proper building of the contract either, or both of the parties have made absolute promises. In that event, the tribunals will non pardon non-performance for either type of impossibleness. There are besides instances where the contract has non become wholly physically or lawfully impossible, but an event has occurred which strikes at the base of the contract so as to thwart its purpose. [ 2 ] This is normally referred to as defeat and it operates as a signifier of subsequent impossibleness. Objective and Subjective Impossibility The contract will hold to be objectively impossible to execute before it is held to be null. The instance of Thornborow v Whitacre( 1705 ) 2 Ld Raym 1164held that a party can non get away liability on the evidences of impossibleness strictly associating to his single ability or fortunes. Neither will he be discharged from his duties merely because he finds the contract peculiarly hard or burdensome to execute: It is non hardship or incommodiousness or stuff loss itself which calls the rule of defeat into play[ 3 ] Subsequent impossibleness will likewise non pardon the parties from public presentation if it was brought approximately by the behavior of one of the parties. The instance of Southern Foundries ( 1926 ) Ltd V Shirlaw [ 1940 ] AC 701 held at 717 per Lord Atkin: †¦conduct of either promiser or promisee which can be said to amount to himself of his ain gesture, conveying about the impossibleness of public presentation is in itself a breach. Clearly, any impossibleness that can be attributed to either party will be considered a breach of contract and the defaulting party will go apt in amendss in the usual manner. Where the impossibleness brought approximately by one of the parties existed at the clip of the contract he is likely to be held to hold warranted possible public presentation of the contract and held to be in breach of that guarantee. As discussed above it is sometimes possible for the tribunals to keep that a party made an absolute promise and hence accepted the hazard of the fact that the contract might be impossible to execute. Whether a contract is considered to be absolute will be a affair of nonsubjective building of the footings of the contract. If the contract is held to be absolute, the party will be held to his public presentation whether or non the impossibleness is his mistake or non. In the instance Paradine V Jane( 1647 ) Aleyn 26a leaseholder was held apt to pay lease even though he had been evicted from the belongings by armed forces during the civil war. A rental is a type of contract that is normally regarded as being objectively absolute without mention to the subjective purposes of the parties. Overall the contract must be objectively impossible to execute, the subjective positions of the parties as to their fortunes and their personal ability to execute the contract will non normally be taken into history. Similarly, if a party is active in conveying about the impossibleness the contract will non be seen as objectively impossible, but as holding been breached. Conversely, some contracts will be held to be objectively absolute and the subjective purposes of the parties in organizing the contract and their degree of mistake in conveying about the impossibleness of public presentation will non be relevant. Destruction of the Subject Matter In the instance ofTaylor V Caldwell( 1863 ) 3 B A ; S 826the claimants granted the suspects the usage of a music hall and gardens for a series of music concerts. After the contract had been concluded, but before the concerts had begun the music hall was destroyed by fire and the concerts could no longer be held at that place. The claimants argued that the suspects were in breach of the contract for neglecting to supply the music hall and sought to retrieve ?58, which they had spent on publicizing the concerts. The tribunals nevertheless held that the contract had become impossible to execute and was hence defeated. Both parties were hence released from their duties under the contract. In coming to this decision Blackburn J referred to the pronouncement of Pothier [ 4 ] saying that: The debitor is freed from duty when the tinkle has perished, neither by his act nor his disregard and before he is in default, unless by some judicial admission he has taken on himself the hazard of the peculiar bad luck which has occurred. He recognises that the civil jurisprudence is non adhering on English Courts, but states that it is a utile index of the rules on which the jurisprudence is grounded. Blackburn J besides refers to a line of authorization affecting bailment. For illustration the instance ofWilliams V LloydW.Jones 179the claimant had delivered a Equus caballus to the suspect on the status that it be returned on petition. Without mistake on the portion of the suspect, the Equus caballus became ill and died and was hence non able to be returned on the petition of the claimant. It was held that bailee was discharged from his promise by the fact that the Equus caballus had died. Blackburn J stated that it was a settled rule of English jurisprudence that in contracts for loans of movables or bailments, if the promise of the bailee or borrower to return the goods becomes impossible because the goods have perished through no mistake of his ain, the bailee is excused from this promise. It is noted that in none of the instances associating to bailment was it expressly agreed that the devastation of the capable affair would let go of either party from their duty, the alibi is by jurisprudence implied [ 5 ] This rule established in Taylor and subsequent instances [ 6 ] is now contained in subdivision 7 of the Sale of Goods Act 1979 Where there is an understanding to sell specific goods and later the goods, without any mistake on the portion of the marketer or purchaser, perish before the hazard passes to the purchaser, the understanding is avoided. Partial Destruction of the Subject Matter It is interesting to observe that the contract in Taylor was for the usage of Surrey Music HallandGardens’ . It was hence lone portion of the capable affair that was destroyed by the fire ; the gardens were still in tact. However, it was held that the devastation of the music hall rendered public presentation of the contract impossible. This implies that when portion of the capable affair is destroyed the tribunals will look into the intent of the contract. If the portion that is destroyed renders that purpose impossible the contract will be held to hold been frustrated by its devastation. Discharge and Rules Governing Hazard As discussed above a contract, which is the topic of a error made by both parties prior to its formation that makes public presentation impossible, will be null ab initio. This is non the instance if the impossibleness arises after the formation of the contract, i.e. the contract is frustrated. In that event, the contract is said to be discharged from the clip when the frustrating event arose. The parties are discharged from any future public presentation without holding to elect that that will be the instance. [ 7 ] Where the nucleus of the contract is the occurrence of some future event and that event is cancelled the clip of defeat will be the clip when the cancellation is announced. In the instance ofKrell V Henry[ 1903 ] 2 KB 740the suspect hired a level on Pall Mall to watch the enthronement emanation of Edward VII, though this intent was non expressed in the contract. The emanation was cancelled before the formation of the contract, but the proclamation was non made until afte r the contract had been agreed. If the contract is dissociable, it may be that lone portion of the contract is frustrated and the other parts remain in force. It seems that even when an full contract of sale is held to be discharged because it has become impossible to present some of the goods, the purchaser can waive’ this and demand bringing of the remainder of the goods. This was the instance in HR A ; S Sainsbury Ltd v Street [ 1972 ] 3 All ER 1127. Supervening events may besides do the suspend the contract without really dispatching it. [ 8 ] Temporary impossibleness will be discussed in greater item in a ulterior subdivision. Furthermore, illegality may thwart a minor duty without dispatching the full contract. The deductions of things like this for a possible philosophy of partial defeat will besides be discussed subsequently. The essay will now travel on to look at who should bear the hazard and therefore the loss of a frustrating event. For a long clip it was thought that the losingss ensuing from the defeat of a contract should lie where they fell. This led to the decision that any money paid before the frustrating event occurred was unrecoverable and conversely any money already due under the contract for services provided was enforceable. In the instance of Chandler V Webster [ 1904 ] 1 KB 493, CA, a room was hired to see the enthronement emanation, the monetary value being collectible instantly. When the emanation was cancelled, ?100 had been paid on history. It was held that the contract was frustrated thereby let go ofing the parties from farther public presentation, but go forthing promises performable before the frustrating event still standing. On the other side a party who had merely partly performed the contract could non retrieve anything for his services even when he had conferred a benefit on the other side. [ 9 ] It is possible nevertheless that a party who, after a frustrating event, takes sensible stairss to protect the other party’s involvement will be entitled to retrieve wage for his outgo on a restitutionary quantum meruit footing. This was the instance in Societe Franco-Tunisienne dArmement V Sidermar SpA [ 1961 ] 2 QB 278 [ 10 ] . Until 1942 it was besides considered that there could be no recovery for entire failure of consideration. This was on the footing that up until the point of defeat the party who had paid any money had the benefit of a executory contractual promise and that was consideration adequate [ 11 ] . However, in the instance of Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd [ 1943 ] AC 32 the House of Lords held that a party could retrieve where there had been a entire failure of consideration. This was an betterment on the Chandler place discussed above, but two rule defects in the jurisprudence remained. The first was that the rule merely applied when there was a entire failure of consideration ; where there was a partial failure the claimant could non retrieve anything. [ 12 ] The 2nd defect was that the payee could non put off any outgo that he had incurred in the public presentation of his side of the contract. These defects were rectified by subdivision 1 ( 2 ) of the Law R eform ( Frustrated Contracts ) Act 1943. The subdivision provinces: All amounts paid or collectible to any party in pursuit of the contract before the clip when the parties were so dismissed ( in this Act referred to as the clip of discharge ) shall, in the instance of amounts so paid, be recoverable from him as money received by him for the usage of the party by whom the amounts were paid, and, in the instance of amounts so collectible, cease to be so collectible: Provided that, if the party to whom the amounts were so paid or collectible incurred disbursals before the clip of discharge in, or for the intent of, the public presentation of the contract, the tribunal may, if it considers it merely to make so holding respect to all the fortunes of the instance, let him to retain or, as the instance may be, retrieve the whole or any portion of the amounts so paid or collectible, non being an sum in surplus of the disbursals so incurred. This deals with the defects in the common jurisprudence by saying that monies paid before the frustrating event are recoverable, amounts collectible prior to the clip of discharge cease to be collectible and the payee is entitled to put off disbursals moderately incurred in their public presentation of the contract. Goff and Jones note that whilst the Act does cover in lineation with the lacks of the common jurisprudence it does non wholly decide the issues. [ 13 ] For illustration, the Act does non state what principles the tribunal ought to use to make up ones mind how much the payee is entitled to put off. In the instanceGamerco SA v ICM/Fair Warning Agency Ltd[ 1995 ] 1 WLR 1226Garland J felt that the court’s undertaking was to: †¦do justness in a state of affairs which the parties had neither contemplated nor provided for, and to extenuate the possible abrasiveness of leting all loss to lie where it has fallen. Section 1 ( 2 ) does allow the payee to retrieve or retain more than he has been paid up to the tine of defeat. I.e. for disbursals incurred in outlook of future payment. They may be able to retrieve such outgo under subdivision 1 ( 3 ) , which takes consequence when 1 party has conferred a valuable benefit on the other party ( other than money ) before the clip of discharge. In that event, he will be able to retrieve a merely amount, which shall non transcend the value of the benefit conferred. Robert Goff J held in the instance ofBP V Hunt[ 1979 ] 1 WLR 783that there were two stairss to measuring a claim under subdivision 1 ( 3 ) , the first was placing and valuing the benefit conferred. Goff J held that normally the benefit would be the end merchandise of any services. In some contracts the services were the terminal merchandise themselves, for illustration, a contract for the transit of goods. He held that if the terminal merchandise is destroyed by the frustrating event so no benefit is conferred because the other party does non hold the merchandise either. This reading has been to a great extent criticised as neglecting to give consequence to the purpose of the Act. [ 14 ] This subdivision of the Act was intended to extenuate against the rough effects of the common jurisprudence regulation of entire obligations’ . In the instance ofAppleby and Myers( 1876 ) LR 2 CP 651the claimants contracted to do machinery in the suspects mill and to keep the machinery for two old ages. Payment was upon completion of the work. After portion of the machinery had been erected, a fire destroyed the whole mill and all the machinery. The claimants could non retrieve anything, as they had non completed the work. Goff J’s reading of subdivision 1 ( 3 ) would take to the same consequence. However, this reading has besides been adopted in the Commonwealth [ 15 ] . It does look to harmonize closely with the diction of subdivision 1 ( 3 ) , which draws a differentiation between the public presentation by on party and the benefit conferred on the other. This implies that the claimant must really hold received the benefit of any public presentation on the portion of the suspect before the suspect can retrieve or retain any money. The 2nd measure Goff J laid down was the measuring of a just sum’ . Contractual allotment of hazard will of class be a factor. Goff J thought that it ought to be every bit much as is necessary to forestall the unfair enrichment of the other party. This attack was rejected by the Court of Appeal in the same instance, who merely held that it was in the about unrestricted discretion of the test justice. In decision, the Act is unhappily lacking in its counsel as to the allotment of hazard and loss between the parties to a contract that has been discharged for defeat. It is possible for the parties to apportion the hazards contractually. This is one of the chief grounds that the tribunals have kept a tight reign on the philosophy of defeat. Parties are expected to be able to anticipate the possibility of dramatic monetary value additions and the eruption of labour differences etc. Contracts hence on a regular basis include clauses which allocate the hazard of such an unanticipated event happening. One common illustration is a force majeure clause’ . In the instance ofChannel Island Ferries Ltd V Sealink UK Ltd[ 1988 ] 1 Lloyd’s Rep 323the relevant clause stated: A party shall non be apt in the event of non-fulfilment of any duty originating under this contract by ground of Act of God, disease, work stoppages, Lock-Outs, fire and any accident or incident of any nature beyond the control of the relevant party. The advantages of such clauses are that they provide a grade of certainty and the parties can hold to a wider scope of fortunes than are presently available under the philosophy of defeat. For illustration, an unexpected addition in monetary values is non considered to be a frustrating event, [ 16 ] but it is common in a commercial contract to see a force majeur clause incorporating proviso for abnormal addition in monetary values and wages.’ It besides allows the parties to find their hereafter relationship. The defeat philosophy discharges the contract regardless of the wants of the parties, but they can supply for a continuing, adapted relationship if they so wish. Inaccessibility of the Subject Matter Where both parties are mistaken as to the handiness of the capable affair at the clip of the contract, this may be sufficiently cardinal to avoid the contract. The taking instance on this issue is that ofCourturier V Hastie( 1856 ) 5 HLC 637in which the parties entered into a contract for the sale of a lading of maize, which was believed to be in theodolite from Salonica to England. Unknown to both the parties, the corn’s quality had deteriorated to such an extent that the maestro had sold it. The House of Lords held that the affair turned on the building of the contract reasoning that: The contract obviously imports that there was something which was to be sold at the clip of the contract, and something to be purchased, no such thing bing, †¦ judgement should be given for the defendants.[ 17 ] The exact legal footing for importing this term has been the topic of some argument among observers and will be discussed briefly now. The draughtsmans of subdivision 6 of the Sale of Goods Act 1979 appear to hold interpreted the determination as saying that a error as to the being of the capable affair of the contract necessarily renders it void: 6 Goods which have perished Where there is a contract for the sale of specific goods, and the goods without the cognition of the marketer have perished at the clip when the contract is made, the contract is null. The tribunal in Couturier did non nevertheless advert the word error ; they based their logical thinking on the building of the contract and the fact that there was a entire failure of consideration on the portion of the Sellerss. Lord Denning applied a different reading in the instance ofSolle V Butcher[ 1950 ] 1 KB 671 at 691in which he held that there was an implied status case in point that the contract was capable of public presentation. He reasoned that in Couturier the parties had proceeded on the premise that the goods were capable of being sold, when in fact they were no longer available for sale. Lord Denning’s reading does look to give consequence to the most likely purpose of the parties. However, in the absence of a clear purpose to let go of each other from the understanding if the capable affair is non available, it is non clear when Lord Denning is proposing a term of this nature should be implied into the contract. The 3rd reading is that whether or non the contract will be null, depends on the its building. This was the reading put on Couturier by the High Court of Australia in the instance ofMcRae V Commonwealth Disposals Commission84 C.L.R. 377. The suspects invited stamps for the purchase of an oil oiler described as lying on the Jourmand Reef off Papua, together with its contents, which were stated to be oil. The Claimants won the stamp and spent a considerable sum of money modifying a vas for the salvage work. In a eccentric bend of events it was subsequently discovered that no such oiler had of all time existed. The tribunal held that: The merely proper building of the contract is that it included a promise by the committee that there was a oiler in the place specified. On that building the Commission had assumed the hazard of the oiler non bing. They distinguished Couturier, keeping that this was non a instance in which both parties had entered the contract on a common premise. The Commission had assumed the being of the oiler, but the purchasers had merely relied on their averment. In policy footings there can be small uncertainty that the attack taken in McRae is a sound one and one which ought to be followed by the English tribunals, but its is slightly hard to accommodate with subdivision 6 of the Sale of Goods Act. There is the possible statement that McRae does non fall under subdivision 6 because the oiler had neer existed and hence could non hold perished’ . This differentiation does look slightly unreal and non within the purpose of the tribunal in McRae. If the capable affair becomes unavailable after the contract has been concluded this may besides render the contract frustrated for impossibleness. For illustration in the instance ofBank Line Ltd V Arthur Capel A ; Co[ 1919 ] AC 435a charterparty was held to be frustrated when the ship was requisitioned and so unavailable to the charterer. Impermanent inaccessibility may besides do, but this will be discussed subsequently. Destruction or Inaccessibility of a Thing Essential for Performance Lord Atkin in the instance ofBell v Lever Brothers Ltd[ [ 1932 ] A.C. 161, discussed the fortunes in which 1 might wish to connote a status into the contract. He states that a status derives its efficaciousness from the consent of the parties, express or implied. He supposes a possible term: Unless the facts are or are non of a peculiar nature, or unless an event has or has non happened, the contract is non to take effect. If there are express words in the contract such as a foundation necessity to the existence’ , there need non be any farther question, but when there are no such words the tribunal must look into the fortunes of the understanding to see whether any such status can be implied. Lord Atkin uses the illustration of the hire of a professional singer whose continued wellness would be indispensable to the public presentation of the contract. The instance ofKrell V Henry[ 1903 ] 2 KB 740has been discussed earlier. For present intents it can be described in the undermentioned footings: The contract was for the hire of a room on Pall Mall to watch the enthronement emanation of Edward VII. The capable affair of the contract was the room and that was still in tact. However, the intent of the contract was to watch the emanation and without the emanation the contract was non capable of full public presentation. Vaughn Williams LJ refers in his judgement to the instance ofNickoll v Ashton[ 1901 ] 2 K.B, which is authorization for the proposition: English Law applies the rule non merely to instances where public presentation of the contract becomes impossible by the surcease of being of the thing which is the capable affair of the contract, but besides to instances where the event which renders the contract incapable of public presentation is the surcease or non being of an express status the continued being of which is necessary for the fulfillment of the contract, and indispensable to its performance. This construct was extended in Krell to include a state of affairs in which that peculiar set of fortunes ( the screening of the enthronement ) was non expressly mentioned in the contract. The contract in Krell was, nevertheless a unusual one ; the room was merely hired out by the twenty-four hours, non the dark, and the intent for the contracton bothsides was the screening of the enthronement. It is clear that the peculiar set of fortunes must hold been in the contemplation of the parties and one that they both realised was necessary for the full public presentation of the contract. There is some difference environing the Krell instance. Cheshire and Fifoot point out that the cancellation was likely non in the contemplation of the parties, but with respect to the proposition that the purchaser should be discharged from his duty to pay on cancellation: It is incompatible with the character of a difficult trader to state that the proprietor of the room would hold agreed to this proposal if it had been put to him during negotiations.[ 18 ] It is more likely that the proprietor would hold told the boss that that was a hazard he would hold to take. It seems slightly unreasonable to import to the marketer a province of head which he may good non hold been in had he thought about it. McElroy and Williams, on the other manus say that the contract was impliedly for the hire of rooms to see the procession , the fact that there was no emanation hence amounted to a complete failure of consideration on the portion of the proprietor of the suites, dispatching the boss from his duty to pay. [ 19 ] The fortunes in which Krell will use are highly limited. The set of fortunes, which the parties assume to be go oning, must be the common foundation of the contract. In the instance ofHerne Bay Steamboat Co v Hutton[ 1903 ] 2 KB 683the claimant hired a ship from the suspect to watch the naval reappraisal and for a day’s sail around the fleet. After the contract, the naval reappraisal was cancelled owing to the same unwellness of Edward VII, but the contract was held non to hold been frustrated. This is thought to be because the boss could still see the fleet and the boat had non been hired out by the proprietor for the specific intent of seeing the Naval Review. This meant that seeing the Naval Review was non thecommonintent of the contract and its cancellation was non hence a frustrating event. Therefore interpreted, Krell can be seen as a really narrow determination and as so been distinguished in more recent instances. [ 20 ] The Death of a Person Essential to Performance In the instance ofGalloway v Galloway( 1914 ) 30 TLR 531the suspect thought that his first married woman had died and married the claimant. The suspect and claimant later separated and entered into a title of separation under which the suspect agreed to pay the claimant a hebdomadal amount in care. The suspect so discovered that his first married woman was really alive and stopped paying the care payments to his 2nd married woman. When she sued for recovery of the arrears, it was held that she could non make so as the colony understanding had been entered into under the common error that she had been married to the suspect, when in fact she could non hold lawfully been. Consequence of Death on a Personal Contract Under general contract jurisprudence, the decease of a party will hold no consequence whatsoever on the contract or any of the rights accrued under it. [ 21 ] The personal representatives of the asleep individual are bound to finish public presentation on his behalf, in so far as the estate allows [ 22 ] and they may action for the return side of the understanding. This is non the instance when personal dealingss are the foundation of the contract. In that event, the decease of one or other of the parties, the contract is leading facie discharged. Importantly, the Law Reform ( Frustrated Contracts ) Act 1943 will use in some state of affairss. Where portion of the contract can be severed and those parts of the contract had been performed before the contract was discharged due to the decease of the party, or they were discharged but for payment of an discoverable amount, the tribunals must handle that portion as a separate contract that had non been frustrated. This proviso keeps in tact dissociable duty already performed, but departs from the common jurisprudence refusal to let the recovery of money paid or benefits conferred. [ 23 ] Contrac

Sunday, November 24, 2019

101 Report Peer Review and Academic Writing Professor Ramos Blog

101 Report Peer Review and Academic Writing Free Write Quick Write Who are the people that care about your topic? Who is affected by it? Who would benefit from reading it? Who has a stake in the matter? Brainstorm for three minutes all the groups who have a stake in the argument. Free Write Free write for five minutes on why these groups care or why the topic matters. Template To Use: I’m _______________, and this matters to me because_________________ . . . Quick  Write Draft a paragraph, introduction or conclusion, incorporating the so what? and who cares? factors. This is important because ___________ . . . This essay will benefit _______________, because _____________________. . . MLA Sample page Dean, Cornelia. â€Å"Executive on a Mission: Saving the Planet.†Ã‚  The New York Times, 22 May 2007,  nytimes.com/2007/05/22/science/earth/22ander.html?_r=0. Accessed 12 May 2016. Ebert, Roger. Review of  An Inconvenient Truth, directed by Davis Guggenheim.  rogerebert.com, 1 June 2006,  rogerebert.com/reviews/an-inconvenient-truth-2006. Accessed 15 June 2016. Gowdy, John. â€Å"Avoiding Self-organized Extinction: Toward a Co-evolutionary Economics of Sustainability.†Ã‚  International Journal of Sustainable Development and World Ecology,  vol. 14, no. 1, 2007, pp. 27-36. ETC. Peer Workshop How would you like someone to work with you on your paper? Peer edit the same way you revise your own work.  Work on the global, higher order concerns, first. Be specific in identifying problems or opportunities.  Point to places in the text where you notice something. Don’t say organization is confusing, show them where it is confusing. Use clear sentences and thoughts when commenting. Don’t just say awkward, explain what it is you find awkward. Offer suggestions for improvement.  Don’t just criticize, offer suggestions for revision. Praise what is good in the paper.  What is working well? What did you like? Keep comments tactful.  Treat another’s work the way you would like yours to be treated. Questions to Answer Does the report come across as biased? If so, where? Does it sound like research or opinion? Is it well organized? What could be better? Effective Images The Beauty and The Gill Man Mass Incarceration in the USA Report Title For the last assignment we were creative with our titles. A report title needs to be more specific. Marathons for Women  by Susan Wilcox From Scroll to Screen  by Lev Grossman Wind Technologies Market Report 2012  by U.S. Department of Energy 21st Century Causes of Deforestation Find more examples. Come up with your own. Grading Criteria Report Use of Sources and Research Organization and structure Diversity topic and depth Clearly defined and explored topic MLA and Sources Title and Images Word Count, Word Choice, Grammar101 Report Peer Review and Academic Writing MLA MLA Sample page Dean, Cornelia. â€Å"Executive on a Mission: Saving the Planet.†Ã‚  The New York Times, 22 May 2007,  nytimes.com/2007/05/22/science/earth/22ander.html?_r=0. Accessed 12 May 2016. Ebert, Roger. Review of  An Inconvenient Truth, directed by Davis Guggenheim.  rogerebert.com, 1 June 2006,  rogerebert.com/reviews/an-inconvenient-truth-2006. Accessed 15 June 2016. Gowdy, John. â€Å"Avoiding Self-organized Extinction: Toward a Co-evolutionary Economics of Sustainability.†Ã‚  International Journal of Sustainable Development and World Ecology,  vol. 14, no. 1, 2007, pp. 27-36. ETC. Paraphrase v Summary v Quoting Students are normally accused of plagiarism when the are trying to paraphrase. It is usually by mistake. In order to avoid plagiarism, here are some tips: Take notes Annotate Sources Make sure you cite Save multiple drafts Peer Workshop How would you like someone to work with you on your paper? Peer edit the same way you revise your own work.  Work on the global, higher order concerns, first. Be specific in identifying problems or opportunities.  Point to places in the text where you notice something. Don’t say organization is confusing, show them where it is confusing. Use clear sentences and thoughts when commenting. Don’t just say awkward, explain what it is you find awkward. Offer suggestions for improvement.  Don’t just criticize, offer suggestions for revision. Praise what is good in the paper.  What is working well? What did you like? Keep comments tactful.  Treat another’s work the way you would like yours to be treated. Effective Images Mass Incarceration in the USA Report Title For the last assignment we were creative with our titles. A report title needs to be more specific. Look up some examples and see if you notice any patterns. Marathons for Women  by Susan Wilcox From Scroll to Screen  by Lev Grossman Wind Technologies Market Report 2012  by U.S. Department of Energy Here is an example from our class: 21st Century Causes of Deforestation Find more examples. Come up with your own. Grading Criteria Report Use of Sources and Research Organization and structure Diversity topic and depth Clearly defined and explored topic MLA and Sources Title and Images Word Count, Word Choice, Grammar What is Academic Writing? The article â€Å"What is Academic Writing?† is a brief introduction to the writing you will be expected to do in college. The article begins by addressing common myths about what academic writing is.  Which ones have you heard before?  Think of one or two more myths, or ideas of writing, that you have heard before. Myth #1: The â€Å"Paint by Numbers† myth Myth #2: Writers only start writing when they have everything figured out Myth #3: Perfect first drafts Myth #4: Some got it; I don’t- the genius fallacy Myth #5: Good grammar is good writing Myth #6: The Five Paragraph Essay Myth #7: Never use â€Å"I† Irvin quotes a study by Lee Ann Carroll about the writing students do in college: What are usually called ‘writing assignments’ in college might more accurately be called ‘literacy tasks’ (7). What do you think she means here? In a short paragraph, write what you think the author is saying.

Thursday, November 21, 2019

Outline Reid v. Covert Case Study Example | Topics and Well Written Essays - 1000 words

Outline Reid v. Covert - Case Study Example Most importantly, this case pits the Constitution of the Unites States against international treaties. In this case, Mrs. Clarice Covert killed her husband, a sergeant in the United States Air Force, at an airbase in England. At that time, she was living with her husband on the base. Despite her being a civilian, she was tried by a court-martial for murder under Article 118 of the Uniform Code of Military Justice (UCMJ). Mrs. Covert’s counsel attempted to plead temporary insanity on her behalf but she was sentenced to life imprisonment. The Air Force Board of Review, 16 CMR 465, affirmed the judgment but it was reversed by the Court of Military Appeals, 6 U.S.C.M.A 48, as it had suspected some prejudicial errors concerning the defense of insanity. Mrs. Covert was being held in England as she awaited her retrial by court-martial in the District of Columbia. After a writ of habeas corpus was petitioned by her counsel, the District court held that Mrs. Covert could not be tried b y court-martial and ordered to release her from custody. The case was then argued at last term and it was held that Mrs. Covert’s court-martial was constitutional. ... They discarded the fact that the Congress had actually never provided for such trials in the Constitution. If it is not in the Constitution, it is not a rule or law. The Articles III,  § 2 and the Fifth and Sixth Amendment are directly applicable to this case. Article III,  § 2 lay the rule that, â€Å"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury, and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.† This means that the trial, for a crime that is committed abroad (not within any State), must be held in such place where the Congress has directed. Since the inception of this section in the Constitution, it has always meant to be followed without any exception. The Fifth Amendment provides that, â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; . . .† The words â€Å"No person† are very important since they obliterate any exception for civilians. Although it is very clear that it excludes the soldiers and officers of the Armed forces, there is no inclusion of their dependents either. Their dependents are civilians and when the Fifth Amendments says â€Å"No Person† shall be deprived of the right to be tried in the civil court, it includes them. The Sixth Amendment declares that, â€Å"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and