Constitutional checks and balances

Constitutional checks and balances The government system comprises of the Judiciary, the Legislature, and the Executive. These are referred to as the arms/branches of the government. The constitution gives powers to these government arms in a complementary way. The government arms are supposed to support each other and check on each other’s excesses. The Legislature is composed of an elected Congress that is given the responsibility of passing laws.Advertising We will write a custom essay sample on Constitutional checks and balances specifically for you for only $16.05 $11/page Learn More The Executive enforces these laws and jails convicted people. The Judiciary tries people. The grand jury listens to the facts of every case and issues an indictment, while the trial jury convicts people accused of offenses. Therefore, there are limits to the actions of each government branch. Checks and balances ensure that no government branch misuses its power. This paper is an analysis of the check s and balances set up by the Constitution to protect the citizenry from excesses by the arms of government. As mentioned above, the Legislature plays the role of making laws in the government. It has also been given certain powers by the constitution in order to check the excesses of the Executive. Such powers include the ability to override vetoes by the President if two-thirds of its members accept the override. The Legislature can also influence the amount of funds given to the Executive for delivering services to the citizenry. It can also impeach the President. The Senate checks Executive powers by approving treaties and appointments by the President. Legislature can also impeach judges, create low categories of courts, and approve judicial appointments. The Executives’ checks over Legislature include its power to recommend legislation, the President’s veto power, power to ask for special Congressional sessions, and power to seek people’s opinions on certai n legislations. It also has checks over the Judiciary. This is because the President, who also appoints federal judges, is responsible for appointing the Supreme Court. The Judiciary checks the excesses of the Executive because of its independence from the Executive. Courts can declare the unconstitutionality of Executive actions. The Judiciary also checks Legislative excesses by declaring the acts of the Legislature as unconstitutional. The government can properly address the current issue of lack of proper regulation in the banking industry if it implements proper checks and balances. The Executive can propose legislation for regulation. If this legislation contains excesses by the Executive that are unlikely to solve the problem, the Legislature (Congress) can reject it. Otherwise, if the bill originates from Congress, the President can use his veto power to reject the bill if it is passed by the Legislature with some shortcomings. If the President misuses his veto power, Congres s can override the power by a two-thirds vote. If a defective bill becomes law having been passed by the Legislature without checks by the Executive, regardless of the origin of the bill, the Judiciary can declare the bill as unconstitutional during judicial review. This process is meant to ensure that those with power effectively solve problems without misusing such power.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Checks and balances play an invaluable role in governance. They are necessitated by the likelihood of misuse of power vested upon individuals and institutions. If all the governance power and legislative power was bestowed upon a single entity, the citizenry will lose faith in the individuals and institutions. Actually, division of power and establishment of checks and balances was the reason behind having a government made up of several branches/arms.

Anthropomorphism and Animal Rights

Anthropomorphism and Animal Rights So you’ve just arrived home to find your couch shredded, the cupboard ransacked and your cat’s dinner dish lying empty in your bedroom. Your dog, you note with certainty, has a â€Å"guilty look on his face because he knows hes done something wrong. This is a perfect example of anthropomorphism. Dictionary.Com defines anthropomorphism as â€Å"ascribing human form or attributes to a being †¦.not human.† Most people who live with dogs know their dogs so well that any nuance of a change in the dogs facade is quickly recognized and labeled. But really, if we dont use the word guilty, how else would we describe that look? Some dog trainers dismiss these claims of guilty looks on a dog as nothing more than conditioned behavior.The dog only looks that way because he remembers the way you reacted the last time you came home to a similar scene. Hes not looking guilty, but rather he knows you  will react badly and its this expectation of punishment that causes the look on his face. Animal rights activists are dismissed as being anthropomorphic when we claim that animals feel emotions much like humans do. It’s an easy way for people who want to profit off the suffering of animals to dismiss their own evil behavior. It’s OK to say an animal is breathing, no one will charge us with anthropomorphism because no one doubts that animals breathe. But if we say the animal is happy, sad, depressed, grieving, in mourning or afraid, we’re dismissed as being anthropomorphic. In dismissing claims that animals emote, those who want to exploit them rationalize their actions. Anthropomorphism v. Personification Personification is the giving of human-like qualities to an inanimate object, while anthropomorphism usually applies to animals and deities. More importantly, personification is considered a  valuable literary device, with positive connotations. Anthropomorphism has negative connotations and is usually used to describe an inaccurate view of the world, prompting PsychCentral.com to ask, Why Do We Anthropomorphize? In other words, its OK for Sylvia Plath to give voice to a mirror and a lake, giving inanimate objects human-like qualities in order to entertain and move her audience, but its not OK for animal rights activists to say that a dog in a laboratory is suffering for the purpose of changing the way the dog is treated. Do Animal Rights Activists Anthropomorphize? When an animal rights activist says that an elephant suffers and feels pain when hit with a bullhook; or a mouse suffers from being blinded with hairspray, and chickens feel  pain when their feet develop sores from standing on the wire floor of a battery cage; that is not anthropomorphism. Since these animals have a central nervous system much like ours, it’s not much of a leap to deduce that their pain receptors work much like ours. Non-human animals may not have the exact same experience as humans, but identical thoughts or feelings are not required for moral consideration. Furthermore, not all humans have emotions in the same way - some are sensitive, insensitive, or overly sensitive - yet all are entitled to the same basic human rights. Accusations of Anthropomorphism Animal rights  activists are accused of anthropomorphism when we talk about animals suffering or having emotions, even though, through studies and observation, biologists agree that animals can feel emotions. In July, 2016, National Geographic published an article entitled â€Å"Look Into This Dolphin’s Eyes and Tell Me That’s Not Grief! by Maddalena Bearzi for the Ocean Conservation Society’s â€Å"Ocean News.† Bearzi writes of her experience on June 9, 2016 while she was working on a research boat with a team of Marine Biology students from Texas AM University. Leading the team was Dr. Bernd Wursig, a well-respected cetologist and head of the Texas AM Marine Biology Group. The team came upon a dolphin who was keeping vigil with a dead dolphin, presumably a pod-mate. The dolphin was circling the corpse, moving it up and down and from side to side,  clearly grieving. Dr. Wursig noted â€Å"For a pelagic creature like this is so highly unusual (to be alone with a dead one, and away from its group)†¦because they are scared to be alone†¦ they are just not lone creatures and the animal was obviously suffering.† The team described the scene with much sadness as it was obvious the dolphin knew his friend was dead but refused to accept that fact. Dr. Wursig cannot be easily dismissed as a sentimental animal rights activist  who anthropomorphizes animals carelessly. His report clearly described the dolphin as being in mourning†¦..a very human condition. Though this particular dolphin was holding vigil over a dead animal, many non-human animals have been observed helping  others of their species in need, a behavior scientists call epimeletic. If they cant care, why do they do it? Animal activists are calling people out who hurt animals, and their use of anthropomorphism is justified when  seeking justice and social change. Change can be scary and difficult, so people consciously or subconsciously seek ways to resist change. Rejecting the fact that animals suffer and have emotions can make it easier for people to continue exploiting animals without worrying about the ethical implications. One way of rejecting that fact is to call it anthropomorphism even though it is the result of direct scientific evidence. There may be some who truly do not believe that animals are capable of suffering or emotions, as French philosopher/mathematician  Rene Descartes  claimed he did, but Descartes  was himself a vivisector  and had reason to deny the obvious. Current scientific information contradicts Descartes 17th century view. Biology and research into the sentience of non-human animals has come a long way since Descartes time, and will continue to evolve as we learn more about the non-human animals with whom we share this planet.   Edited by  Michelle A. Rivera.

Consumer behaviour and marketing Essay Example | Topics and Well Written Essays - 2500 words

Consumer behaviour and marketing - Essay Example Generally, marketing to such a consumer base has to be made depending upon certain strategies. However, in an era of globalisation, serving consumers worldwide is what most marketers and producers have to do. Global consumer culture hence implies, the expansion of businesses and organisations all over the world in order to serve people belonging to different cultural backgrounds (Arnould, 2009, p. 3). Such a strategy involves a huge research to study the innate characteristics of consumers and this is where the importance of the present research lies. Outline In this era of globalisation, the concept ‘Global Consumer Culture’ has its own significance. It would not be wrong to say that the multinational organisations have to invest money as well as time to frame up strategies for each of their destination countries. Global consumer culture is a relief for them to let them think the world as a global village and a single market. However, evidences show there are a number o f obstacles resisting the spread of this concept. The segment ‘Global Consumer Culture: The Limitations of the Concept’ has discussed these points taking reference from books and journals. At the end, a conclusion has been inferred from the discussion and analysis, carried in the earlier segments. The analysis and evaluation section is primarily associated with the different kinds of consumers that the marketers have to deal with and the strategies that they adopt to handle each according to their cultural backgrounds. Global Consumer Culture: The Limitations of the Concept â€Å"Consumer culture can be defined as a social arrangement in which the relations between the [lived cultural experience of everyday life] and social resources, between meaningful [valued] ways of life and the symbolic and material resources on which they depend, is mediated through markets† (University of Wyoming, n.d., p.1). Consumer culture is a system, in which the behaviours found in t he consumption process and in all times and places it is dominated by the consumption of commercial products. This also enables the transmission of existing cultural values, norms and habitual ways of doing things from generation to generation. The consumer behaviour is largely influenced by the free personal choice in the private arena of daily lives. In this modern era, the consumer culture is no longer governed by tradition rather it is more influenced by instability in the economy. Globalisation culture positioning is a strategy, used to cover various consumer segments emerging with the global consumer culture (Warren, 2009). As the globalisation has spread its wings; companies do not bother to cross the boundaries of the countries. In such a case, global consumer culture is driven by the expansion of the organisations and its marketing principles across the globe. In theoretical terms, global culture can be described as the process wherein the global consumers would be united i n way to make this world as a single market place. As per Belk, introduction of global culture would lead to homogenisation of global consumption. Global consumer culture facilitates the same consumption behaviour of the consumers, which means that consumers in every corner would have the opportunity to eat the same food items, wear the same fashionable clothes, drive the same types of cars, watch the same television programs, stay

Nature and Technology of War Research Paper Example | Topics and Well Written Essays - 750 words

Nature and Technology of War - Research Paper Example There was frequent raiding of neighbors and confiscation of territories, goods and women from other groups by fighting. War during these times was highly ritualized and was based on a number of taboos and practices which limited the number of casualties as well as length of conflict. A condition referred to as endemic warfare. During the earliest times of Homo erectus society (hunter-gathers) the population was scarce and low to avoid war. However, with the invention and development of throwing spear and hunting techniques, probable violence between groups was made costly, ordering conflict prevention and groups moving apart and far to lessen competition for resources which could cause war. This describes the era of Paleolithic â€Å"warlessness† which took place until the emergence of the Homo sapiens. Starting around 12, 000 CE, war was transformed by the discovery of bows, slings and maces, according to Duiker and Spielvogel (2010). The bow appeared to be the most vital wea pon in the development of prehistoric war as exposed the attacker to less risk. The Neolithic period which is associated with the emergence of farming has been evidently associated with war, for instance, the massacre of a rival tribe. In this era before blockade weapons were developed to a high level of complex technology, fortification appeared to have been a successful method of protecting the community against invaders. Fortifications indicate that there was significant social organization in the societies of prehistoric people. Warfare at this period was also said to be more organized. The Nature and technology evolvement of war is more pronounced in the analysis of military historians. In the prehistoric era, there were a lot of conquest and movements with various technological innovations. The kingdoms and empires were the central units controlling war and were only maintained via military forces. War was common during this period due to lack of enough agricultural ability. W eapons and armor were largely produced as they were known to last longer than artifacts. Use of weapons was seen as an indication of prosperity or virtue and thus weapons were mostly placed on monuments and tombs of great warriors. With the invasion of writing it was used to record events such as major battles and conquest. Writing was also used for kings to boast of military conquest or victories through records. With the growth of the nation states, empires grew hence the increased demand for order and efficiency as well as increased recording. Some of the notable militaries in pre history include Babylonians, Egyptians, Greeks, Indians, early imperial Chinese ancient Romans, Carthagians and Persians among others, as stated by Hamblin (2006). The fertile crescent of Mesopotamia was the heart of many prehistoric conquests. The philosophers of the Warning States era in china, Mozi and his followers invented diverse blockade weapons and blockade crafts. These were used to level forti fied walls during a blockade of an opponent city. In most cases, the nature of war involved a kingdom fighting with another in order to overtake their land. As a result there were a lot of invasions. It also involved civil wars due to the increased power struggles within the empires generals. During the Dark Ages, when stirrups came into existence, war had forever changed. Invasions were combined with technological, social and cultural

Medicine Men of Oglala Sioux Indians of Nebraska Essay Example for Free

Medicine Men of Oglala Sioux Indians of Nebraska Essay The  Oglala medicine men belong to the Sioux Indian Community in Manderson, Potato Creek, Kyle, Oglala, No. 4, Red Shirt Table, Wanblee. This Indian Tribe in Nebraska is watched over by a branch of the Office of Indian Affairs located within its territory. Civilizations have used different ways of curing their sick. The bible states that Jesus cured the sick by using miracles. The Chinese cure their sick using reflexology, acupuncture as well as the taking of the root of the plant ginseng. The American doctors use manufactured drugs like Tylenol or Aspirins to cure the pains of their patients. Admittedly, the different ways of curing the sick has been handed down from generation to generation. In fact, in some countries, the faith healers believe that they have the inner power to heal the sick if their patients will have faith in the doctors. Currently, many born again fellowships are centered on a pastor who cures the cancers (Aldredge-Clanton 11), diabetes, high blood and lets the invalid throw away his crutches because he can now walk. This type of healing is called miracle healing where the pastor impresses on the minds of their church members that Jesus and around and will remove their affliction. The following paragraphs explains the uniqueness of the Oglala Sioux Indians of Nebraska as they go about their daily festive activity of maintaining the community’s health by curing the ailments and the sufferings of their Indian neighbors. BODY His role in the community The role of the medical doctors or so called healers is to cure the sick and alleviate the pain of the dying Indian person. The healer brings hope the suffering and pain of their Indian neighbors. And the healers include in their medical armory the Sun Dance. The Sun Dance is the ritual part of the Indian doctors’ healing procedure. This dance is performed during the midsummer and indeed that most intricately complex part of the Indian healers curative process. Thus, their role in the community is to heal the patients using many processes. One such process is the ritual method. For, ritual and reciprocal communication between the patient and the medicine men and women is designed to start a biological and social rhythm motion through by influencing the neurophysiologial structures of the patients’ ailed body parts. Likewise, the Indian medicine man’s way of curing their patient is blanketed with myth which includes the use of the environment in the healing process (Lewis 169). To reiterate, the medicine men’s role is to keep as many of their Indian neighbors as healthy as possible. Evidently, a healthy people would spur the community’s economy to a more frantic pace. However, a population with many sick neighbors would eat away the community’s money because the government has lesser people to spice up the community’s economy. The medicine men and women here also help the community by influencing the policy makers in their community to craft laws, ordinances and statutes that focus on maintaining the health of the Oglala Indian community of Nebraska, USA (Lewis, 41). Thus, the role that these Oglala Indian medicine men play is very important. His status The status of the Oglala American Indian of Nebraska, USA’s medicine men and women here is such that they are being trusted and asked for advices in terms of health. In fact, many politicians in their community approve of the teachings and activities of the medicine. This is their way of enticing the medicine men and women to recommend to their patients, friends and every day contacts to vote for the politician and to support him or her plans and programs for the Oglala Indian community. Unquestionably, their major role is to keep the people healthy. (Lewis 71). For, these medicine men of Oglala, Nebraska exude an air of authority for what they tell their patients to do will often be done in most cases because the patients want to live longer. His knowledge The Oglala medicine men and medicine women are mostly comprised of senior citizens who started their medicine practice late or after the prime of their life. For, they had to gather enough experiences in life as well as theoretical knowledge that will give them necessary medical knowledge as they take up administrative positions in their Indian tribe. Many of the older women and men of the Oglala Sioux Indian settlement absorbed all they could to gain expertise in the field of medical practice that included the use of herbs as medicines. Specifically, many of the medical practitioners of this small United States tribe specialized in the study of the symptoms, causes and the herbal cures for various diseases. Also, some of the medicine men and women generally studied how to cure the physical and mind -related sickness (Lewis, 10). The Oglala medicine men are generally well versed in terms of which herbal plants will be very effective in alleviating many of the health risks of their constituents. Beliefs, and similar type of information that relates to the Medicine men. The people of the Oglala Indian settlement believe that some ritual songs can hasten the healing process. One such popular song is the Oglala’s Indian song. This magical song is believed to sprinkle the patients with the powder of cure. The Indian medicine men believe that this song is embodied with syncretistic and revivalist. For, this song brings out the embodiment of syncreustic and revivalistic elements of the Sioux faith and Pan –Indian movements. The Indian medicine men and women believe that the current ailments afflicting their constituents were caused by their intermingling with the White Americans. For, they believed that the normal Indian was healthy before these whites visited them and imprisoned them in Indian settlements. Thus, the present Indian sickness have been brought about by their change in lifestyles. For, The Indians freely roamed the prairie and other lands as they followed where the roaming animals would go during the pre –white days. This lifestyle had been cut because the whites placed them inside their Indian settlements for fear they Indians would endanger the lives of the Whites. The Indian healers believed that the Whites had forced them to live in log cabins. This is what caused their health to deteriorate to the level of the white’s health conditions. Also, the Indian lifestyles of free roaming of the desserts to search for their main dish of buffalo meat to their new log cabins resulted to a crowded home and school (Carter 103). Thus, their physical power to repel viruses and bacteria that is the root cause of many of the unhealthiness continues to this day. For, the Indians believed that living in their teepees ( Indian tent houses) brought them good health (Fletcher 81). Reference ceremonies or events the medicine men conducts or participates in. The medicine men and the medicine women of the Oglala Sioux Indian settlement studied how some of the herbs cropping up around their community could alleviate or even eradicate some or all their community members’ ailments. This also includes other mundane treatments of many of the diseases plaguing the Indian Territory. Also, the Oglala medicine men conducted their normal Sun Dance in their community to usher in health into their community. In addition, the medicine men and women of the Oglala United States Indian reservation included in some of their jobs to cure their fellow Indian tribesmen and tribeswomen several repertoire of what they identified as Sacred Indian songs. In fact, some of the tribe men and tribe women native doctors use a unique Indian method described as calling the healing process to start immediately. Normally, the healing process is a two way succeed. Meaning, the tribesmen and tribeswomen and their Indian patients must literally put their trust and fate in the medicine men and women to pluck them out of their pain or injustice. This trust is influenced by the strength and intensity of the medicine men, medicine women and their patients to have an unwavering conviction that their local community doctors here would cure them of their pain and suffering. Further, this only shows that the entire healing process of their local healers falls beyond man’s control and ambition. In short, the Indian healing process is classified by something clearly outside the normal realm of human control and ambitiousness. The medical training here is uniquely their own. Meaning, their medical procedures clearly run one hundred eighty degrees around the normal medical procedures that non –Indian medical practitioners use to cure or just alleviate their sick patients. Thus the long and energy sapping training that the Indians studying medicine in their local community willingly undergo in order to reach the prestigious status in their locality as a medicine man. In fact, only a few of the fresh graduates of formal schools are willing to continue their education in the new field of local Indian medicine. In contrast, many of the people studying medicine in this local United States Indian tribe in Lakotas (Faller 64) have also been introduced of the United States’ white men’s medical school among the Navajo Indians. However, this Navajo idea is not part of the wishes of the Oglala Indians because they do not aim to set up their own medicine schools. Here, the local Indians can sell their medical materials like the medicinal herbs as well as the ceremony programs. Usually, these Indian health programs allow the selling or giving of medicine materials and ceremonial disease -curing processes to be sold or given to another person needing them. The medical training of Indians aspiring to be medical practitioners includes starting out as assistant singer or drummer in a real live medical hearing process for several years. The Indian medical student must blend into the environment with their participation of much needed Sun Dance and other medicine rights so that the medicine trainees so they could increase their powers as well as reputation with their patients handled. For, the medicine men and women believe that they have reached that pinnacle in life where they could qualify as a representative of the spirit world. For the medicine men and women in this tribe normally also use the power of conjuring spirits to help them in their day to day medical practices (Lewis 39). A healing process includes consulting the parents and relatives of the sick patient in order to get a historical background the patient from the patients’ health issues as well as the sickness that the patients parents, grandparents and the like normally have. Also, the medicine men and women ask additional information from their patients’ advisers as well as intermediaries. Also, the Indian healers show the same techniques and processes as they go about curing sick patients with the same illnesses. A formal healing session always starts with the patient visiting the Indian healer several times in a casual way in order to entice the Indian healers to accept this person as a new patient. Accepting this patient is a new contract. The medicine men and women normally command the patients to first fast, to seek visions, to abstain on some things, to pray for divine healing from God, and to prepare food for inns. Accepting the new patient is then followed by the Indian healers’ full concentration of healing powers and time to a full implementation of the proper medical healing procedures to be imposed. In turn, the patient can now sit back, relax and wait for their medicine man or medicine woman to help him or her cure his or her medical condition. The medicine men and women recognize some of the medical practices of white doctors. One such belief shared by both types of doctors is that time is an ally in many medical cases. For, these Indian healers believe that time helps in their patients’ recovery process. Also, time heals some fears or phobias like what the white psychologists and psychiatrists adhere to. Naturally, the arrival of the medicine man or woman ushers in the patient a sign of relief because finally something and something will step into the painful world to extricate them from their miseries (Lewis 40). Normally, the Indian medicine man or woman’s healing repertoire includes a drama –like presentation. Meaning, the curing process includes a stage, actors as well as music. For, the patient is now transported into a world where the patient is not placed in darkness, immobility and a world of healing songs which sometimes includes dances. Consequently, the patient is healed because of the trance they enter into where the medical songs bring healing into their afflicted body part or parts (Lewis 42). This picturesque orchestra –like description of the medicine man’s or medicine woman’s work shows that he or she plays a pivotal part in the Oglala Nebraska, USA Indian community. On the other side of the United States, the Navajo Indians also use their kind of traditional healing. The medicine men here use the medical technique of gazing. The medicine men just gazes in their patients to feel the aura of the patient. For, the Navajo Indian medicine men will feel the vibrations that tell him what caused the patient to fall victim to a virus, bacteria, to succumb to high blood, diabetes, cancer, epilepsy and the like. The Navajo Indian doctor then moves some of the patients’ parts like the hands and feet to confirm his first impression of what the patients’ ailment is (Davies 83). The medicine doctors of Oglala Sioux Indians of Nebraska, USA’s main role is to maintain the health of their small Indian community. The medicine men use primitive ways of curing the sick. One such way is to use the Sun Dance. The Sun dance brings health to the community because this festive dance is believed to absorb the vital elements of the environment and funnel it to the people in the community. Also, the medicine man uses the communication process as part of his healing procedures. Here, he gathers much needed information from the patient, his family and his relatives in order to come up with the cause or causes of his unhealthiness.

crazy dream :: essays research papers

My family and I planned to take a trip from our hometown, Alert Alabama to Chicago Illinois for the weekend. Our lives are very earth, very basic. There are four of us. Our name is the Tuckers and we live on a farm. Or I could say we rot on a farm. My name is Andy Joe Tucker and I am 18. Life is very boring there in Alabama, let me tell you, man. Our idea of fun is throwing knifes at pigs as they run around the pin in my back yard. We figured it is too hard to please ourselves all the time, so we planned on letting â€Å"run run run hustle bustle† atmosphere of Chicago please us for a weekend. We love Chicago and go there once a year. That Friday morning in July our airplane lifted from the ground. The flight began smooth and the plane was new. The air was fresh and the sun was bright, man. That all changed the moment the plane smashed and burned into the streets of the Chicago city. We were in the air and the sky was truly of heaven, bro. I felt as if I was with god gliding across the sky. The captain comes on the intercom and announces we are approaching Chicago but there seems to be a problem, man. He announces, â€Å"Ladies and gentlemen, we seem to be having difficulties contacting the Airport down below. Please stay calm while we await a signal that it is safe to land.† A thick and gruesome layer of muck and filth lay over the city. Looked like a damn pile of hay swirling around there yonder below. I cannot see the cotton picking ground for the life of me. The muck looks of something out of this world and all quite magical, man. The plane is circling the city with still no radio from the airport in return to our calls. Twenty minutes goes by. Suddenly, my chair becomes incredibly hot, so hot I start to scream. I look around and notice everyone in the cabin is having the same problem. I look down to unbuckle my seatbelt and get the hell of this seat when I realize the buckle is gone, MAN! Literally the buckle is no longer there, just the strap of the belt. I am trapped. In the middle of this excruciating dilemma of my seat and the cries of my fellow passengers, the planes nose goes vertical facing the sky, dude.

Highway Marking Paints Essay

This report has been created as per the details of the letter received on 18th March from Morris Hordern, Senior Engineer of the Highways Department, and contains the results of the tests conducted by Proactive Consultants Inc. on all the available new highway paints. On the basis of our tests and in our professional opinion, Centrex’s new paint TL is the best option for highway marker painting. Highway Marking Paints 2 This project was carried out in order to test the suitability of the newly available range of highway marking paints which claim to be of better quality in terms of visibility, spraying characteristics and speed of drying. The marker painting was conducted between 12 a.m and 6 a.m. The following table documents the consolidated results of our study. The paints are lined up in the table on the basis of suitability, the best one being the first in the table. Paints that did not meet the minimum standards (as specified by ASTM D-711) of twenty minutes drying time, good spraying characteristics(as prescribed by Paint Manufacturers Association’s specification PMA-02-28H) and visibility of 7 and 6 after three months and six months of traffic wear respectively have been eliminated. Codes assigned to the paints on 25th March, 2010 (the start date of the tests) have been used to eliminate any chance of bias or manipulation. The tests were conducted on two stretches of highway- Highway 17 (concrete surface), 1.5 miles north of the intersection with Highway 43. Highway 43 (asphalt surface) 1 mile west of the intersection with Highway 17. Visibility has been rated as per the judgment of myself and 4 other drivers associated with Proactive Consultants Inc. Day visibility is judged from a distance of 500 yards (500 being a perfect 10). The points drop by two for every 100 yards less of visibility. These tests were conducted on 25th June, 2010. Night visibility is judged using high beam from a distance of 200 yards (visibility from 200 yards being a perfect 10). The points drop by two for every 40 yards less of visibility. These tests were conducted on 25th September, 2010. Based on our tests, the two best paints for highway marking are WC (which is Hi-Linear Products white paint- HILITE) and YR (which is Centrex Inc.’s new TL yellow paint) The two paint are almost equal in terms of quality. Centrex’s TL yellow paint takes 3 minutes less to dry, has slightly better visibility on concrete, after both 3 months and 6 months. The HILITE paint takes 3 minutes more than Centrex’s paint to dry has slightly better visibility on asphalt after both 3 months and 6 months. In my professional opinion, Centrex’s new TL yellow paint is the most suitable on for highway marker painting for the following reasons: 1) It is the strongest paint overall, better suited for highway marker painting than any other white or yellow highway paint, 2) Centrex is a company with which the Highway Department has been working and is thus a trustworthy source.

Turkle and Gopnik

Connecting points for Turkle and Gopnik â€Å"What changed? That James story helps supply the key. It was trains and telegrams. The railroad ended isolation, and packed the metropolis with people whose work was defined by a complicated network of social obligations. â€Å" (Gopnik 157). | â€Å"She confined that she would trade in her boyfriend ‘for a sophisticated Japanese robot’ if the robot would produce what she called â€Å"caring environment†Ã¢â‚¬ ¦ I would be happy to produce the illusion that there is somebody really with me†¦ A responsive robot even exhibited scripted behavior, seemed better to her than he demanding boyfriend† (Turkle 269). In both passages the authors discuss how technology can be very convenient for us. Gopnik discusses how trains and telegrams make it easier for people to get where they need to and communicate. However, trains brought over crowding to the cities and telegrams created a sense of separation because now peop le did not have to actually go and see each other. Turkle also talks about the convenience that comes with technology. When she was talking to a female that said that she would not mind a robot boyfriend because it would help her not to be lonely but unlike a real one it she would not have to tend to their demands. The real question, I saw was not â€Å"Why this friend? † but, â€Å"Why this fiction? † Why as Olivia had seen so clearly, are grownups in New York so busy, and so obsessed with the language of busyness that it dominants their conversation? †¦ grabbing lunch instead of sitting down and exchanging intimacies†( Gopnik 156). | â€Å"Do you care that the turtle is alive?†¦ A ten year old girl told me that she would prefer a robot turtle because aliveness comes with aesthetic inconvenience†¦ â€Å"For what the turtles do, you didn’t have to have live ones. †(Turkle 265-266) |Both authors have made assumptions for their essays based on youth’s point of view . Gopnik uses his daughter’s imaginary friend to show how things are in the busy life of a New York. Technology has made New Yorkers so busy that they rather â€Å"talk to the person later† instead of sitting down and having actual conversation. Turkle also uses children to explain her point. At the zoo with children she explains how they said that they rather see a mechanical turtle because actual interaction with a turtle is not needed if the fake one can do the same thing.Both of these are examples of how technology is now seen as equal to physical bonding. â€Å"Busyness is felt so intently here because we are both crowded and overloaded. We exit the apartment into a still dense nineteenth century grid of street corners and restaurants of people full of people, and come to a twentieth-century grid of faxes and emails and overwhelming incompleteness† (Gopnik 158) | â€Å"We build a following on Facebook or Myspace and wo nder to what degree our followers are friends†¦ But for most people it begins when one creates a profile on social- networking site or builds a persona or avatar for a game or virtual world. (Turkle 273). | Both authors in these quotes talk about how, how technology has begun today to follow you everywhere and becomes more important to you than anything else. And how we create online networks we become encompassed and like our emails they become our lives. We become overwhelmed because we feel like we must respond to them and we must check our twitter followers.

If liability for negligence exists, a thoughtless Essays

If liability for negligence exists, a thoughtless Essays If liability for negligence exists, a thoughtless Essay If liability for negligence exists, a thoughtless Essay â€Å" If liability for carelessness exists, a thoughtless faux pas or blooper may expose [ the suspect ] to a liability in an indeterminate sum for an undetermined clip to an undetermined category. The jeopardies of a concern conducted on these footings are so utmost as to conflagrate uncertainty as to whether a defect may non be in the deduction of a responsibility that exposes to these consequences.† [ Cardozo C.J. in Ultramares Corporation v. Touche ( 1931 ) ] . Does this development of English Law in relation to negligent misstatement and negligently inflicted economic loss suggest that such uncertainties are good, or ill, founded? Introduction â€Å" If liability for carelessness exists, a thoughtless faux pas or blooper may expose [ the suspect ] to a liability in an indeterminate sum for an undetermined clip to an undetermined category. The jeopardies of a concern conducted on these footings are so utmost as to conflagrate uncertainty as to whether a defect may non be in the deduction of a responsibility that exposes to these consequences.† This infusion came from Cardozo C.J’s determination in the instance ofUltramares Corporation V Touche[ 1 ] in the Court of Appeals of New York in 1931. Ultramares Corporation had originally sued George Touche ( an accounting house ) and others for amendss suffered through misstatements of the comptrollers. Their first cause of action was for negligent misstatements while the other was for deceitful misstatements. The justice expressed concern that infliction of liability for negligent misstatements would hold on concerns was so terrible as to do it necessary to see whether it would non be a error to enforce such liability. This concern has been echoed by British tribunals in several instances since so. It is my sentiment that the development of English jurisprudence in relation to negligent misstatement and negligently inflicted economic loss suggest the uncertainties he expressed are good founded. Main organic structure The action related to equilibrate sheets that had been prepared and certified by the comptrollers for one Fred Stern amp ; Co. Inc. Based on these balance sheets, Ultramares Corporation entered into some recognition minutess with Fred Stern amp ; Co. Inc. There was no uncertainty that the comptrollers had so been negligent in fixing the balance sheets. What the tribunal considered in the instance was whether or non the carelessness constituted an actionable incorrect to the palintiff. In the first case, the 2nd cause of action was dismissed but the tribunal found for the palintiffs on the first cause- that for carelessness. On entreaty, the appellant tribunal reversed the determination on carelessness cause of action. The enunciation cited above came from a cross entreaty instance brought by the plaintiff/ claimants. It had already been established inDonoghue V Stevenson[ 2 ] that liability could be established for negligent actions that cause others and since it was a first, the determination in the instance besides suggested that the classs of carelessness were non closed and that civil wrong was non limited to particular classs of responsibility of attention. [ 3 ] After this determination, it became inevitable that the kingdom of liability would widen finally beyond that for physical injury. It has and that is why in instances afterwards tribunals considered whether to widen the boundaries to include economic loss due to negligent statements as opposed to merely amendss for physical harm due to negligent Acts of the Apostless or skips. InHedley Byrne A ; Co. Ltd c Heller A ; Spouses, [ 4 ] which was decided in 1964, the tribunal decided that the suspects would hold been apt for negligent misstatements, had their contract with the claimants non included a disclaimer that their statements were made without duty. This determination suggested that in instances where there are no disclaimers in the contract, there would be liability and therefore amendss would be awarded. One would believe that with such a case in point, tribunals would present amendss more frequently for negligent misstatements. But tribunals have by and large been loath to delegate this liability in instances before them. One ground for this is the fright expressed by Cardozo CJ inUltramares Corporation V Touche.If granted, the liability could be illimitable both in footings of clip and sum of amendss and suers. Besides, as was noted by Lord Reid inHedley Byrne, whereas, with goods, it would be unusual for negligently made articles to be put in circulation, it was far more usual for someone’s words to be broadcast even to audiences he/she neer intended for it to be broadcast. It would so be unreasonable to keep such a individual apt when another oarty suffers amendss through trust on these statements. It has been suggested that trials be applied in order to find liability of the writer of the statement. One such trial is the presence of voluntary premise of duty. Using this trial to theUltramaresinstance would propose that the accountants’ certification could represent such voluntary premise. In using this trial nevertheless, a possible job would be determining which parties the voluntary premise was made to. A party could do a voluntary premise without cognizing what parties would move on the dorsum of their statement. The ‘limitlessness’ of the liability could therefore, still exist. InCaparo Industries v Dickman[ 5 ] , Lord Oliver noted that â€Å"the chances for the imposition of monetary loss from the imperfect public presentation of mundane undertakings upon the proper public presentation of which people rely for modulating their personal businesss are limitless and the effects are far-reaching† . Another trial that has been suggested is the trial of sensible trust of the claimant. This was supported by Lord Morris’ pronouncement inHedley Byrne. [ 6 ] Harmonizing to this trial, a responsibility of attention exists when a â€Å"person takes it upon himself to give information or advice to, or let his information or advice to be passed on to another individual who, as he knows or should cognize will put trust on it.† Whatever trials are applied, it seems necessary that the regulation in Hedley Byrne needs to be limited in some manner or the other. The premise of duty trial has been applied in many English instances. InWilliams v Natural Life Health Foods Ltd[ 7 ],Lord Steyn asserted that ‘there is no better rationalisation for the relevant caput of civil wrong liability than premise of responsibility’ . [ 8 ] In instances likeSmith V Bush[ 9 ] andSpring V Guardian Assurance[ 10 ] though, the trial was held non to use. In Smith, because there was held non to hold been a voluntary premise of liability because there was a disclaimer and in Spring because the advise was given to a 3rd party. However, in the two instances, there was held to hold been liability for carelessness. It has therefore been suggested that even when the regulation in Hedley Byrne does non use, the tribunals mat still travel in front to present amendss every bit long as economic injury is foreseeable. [ 11 ] Courts have besides stressed the importance of a particular relationship between the claimant and the suspect. [ 12 ] It besides seems that tribunals have besides been loath to present amendss for liability in instances of negligent misstatement because redress may be available from elsewhere. For case, particularly in two party instances, there may be a breach of contract and the complainant may be able to claim amendss. In some other instances, the complainant may be able to claim under the Misrepresentation Act 1967. I n some other instances, It may be possible to turn out deceitful misstatements. Second, an action in economic jog may non be necessary every bit long as action in carelessness exists. Once a tribunal finds that there has been negligence, it could travel in front and award general amendss for carelessness without holding to travel into economic civil wrongs and economic loss which would balloon the liability out of proportion. In instances where carelessness has resulted in amendss seeable amendss to concern, tribunals should take this into consideration in presenting amendss without needfully carving out a separate civil wrong over which there would be small or no control. Businesss would non be able to anticipate or forestall some of the amendss that may originate from statements that they have made negligently even if they have voluntarily assumed duty. Decision If a universal regulation where to be created, presenting amendss whenever person suffers on the dorsum of misstatements made by person else whether or non they bound by contract or an project, the liability would so be limitless and the range of application would non be governable and there would non be an terminal to judicial proceeding. English tribunals have hence expressed and exercised cautiousness in presenting amendss for fright that a cosmopolitan regulation may emerge which would take to untold adversity and hinder effectual behavior of concern. Doubt hence, does be, in my sentiment, that a defect may be in the deduction of a responsibility that exposes to guess to concern that may originate from the being of liability for carelessness. Bibliography Carty H. â€Å" An analysis of the Economic Torts† ( 2001 ) Oxford, Clarendon Press Deakin S. , Johnston A. And Markesinis B â€Å"Markesisnis and Deakin’s Tort Law† ( Fifth Edition ) [ 2003 ] Oxford, Clarendon Press Stapleton J. â€Å"Duty of Care and Economic Loss: a wider agenda† 107 LQR ( 1991 ) 249 Cases Caparo Industries v Dickman[ 1990 ] 2 AC 605 Donoghue V Stevenson[ 1932 ] AC 562, HL Hedley Byrne A ; Co. Ltd c Heller A ; Spouses[ 1964 ] AC 465 Ultramares Corporation V Touche255 N.Y. 170, 174 N.E. 441, 74 A.L.R. 1139 Williams v Natural Life Health Foods Ltd[ 1999 ] 1 WLR 831 Smith V Bush[ 1990 ] 1 AC 831 Spring V Guardian Assurance[ 1995 ] 2 AC 296 Peabody v Parkinson[ 1985 ] AC 210 1

What Teachers Should Never Say or Do

What Teachers Should Never Say or Do Teachers are not perfect. We make mistakes and occasionally we exercise poor judgment.  In the end, we are human.  There are times that we are simply overwhelmed. There are times we lose focus. There are times we cannot remember why we choose to stay committed to this profession.  These things are human nature. We will err from time to time. We are not always at the top of our game. With that said, there are several things that teachers should never say or do.  These things are detrimental to our mission, they undermine our authority, and they create barriers that should not exist. As teachers, our words and our actions are powerful.  We have the power to transform, but we also have the power to tear apart.  Our words should always be chosen carefully. Our actions must be professional at all times. Teachers have an awesome responsibility that should never be taken lightly. Saying or doing these ten things will have a negative impact on your ability to teach. 5 Things Teachers Should Never Say â€Å"I don’t care if my students like me.† As a teacher, you had better care whether or not your students like you. Teaching is often more about relationships than it is about teaching itself. If your students do not like you or trust you, you will not be able to maximize the time you have with them.  Teaching is about giving and taking. Failing to understand will lead to failure as a teacher. When students genuinely like a teacher, the teachers job as a whole becomes much simpler, and they are able to accomplish more. Establishing a good rapport with your students ultimately leads to greater success. â€Å"You will never be able to do that.† Teachers should always encourage students, not discourage them. No teachers should crush any student’s dreams.  As educators, we should not be in the business of predicting futures, but of opening doors to the future.  When we tell our students they can’t do something, we place a limiting threshold on what they may try to become. Teachers are great influencers. We want to show students a pathway to achieving success, rather than telling them they will never get there, even when the odds are against them. â€Å"You are just lazy.† When students are repeatedly told that they are lazy, it becomes ingrained in them, and pretty soon it becomes a part of who they are. Many students get mislabeled as â€Å"lazy† when there is often a deeper underlying reason that they are not putting in much effort. Instead, teachers should get to know the student and determine the root cause of the issue. Once this is identified, teachers can help a student by providing them with the tools to overcome the issue. â€Å"That’s a stupid question!† Teachers should always be willing to answer a student’s questions about a lesson or content they are learning in class. Students must always feel comfortable and encouraged to ask questions. When a teacher refuses to answer a student’s question, they are discouraging the entire class to withhold questions. Questions are important because they can extend learning and provide teachers with direct feedback allowing them to assess whether or not students understand the material. â€Å"I’ve already gone over that. You should have been listening.† No two students are the same. They all process things differently.  Our job as teachers  is to make sure that every student understands the content. Some students may require more explanation or instruction than others.  New concepts can be especially difficult for students to grasp and may need to be retaught or revisited for several days.  There is a good chance that multiple students need further explanation even if only one is speaking up. 5 Things Teachers Should Never Do Teachers should never put themselves in a compromising situation with a student. It seems that we see more in the news about inappropriate teacher-student relationships than we do about all other news related to education.  It is frustrating, startling, and sad.  Most teachers never think this can happen to them, but opportunities present themselves more than most people think.  There is always a starting point that could have been stopped immediately or prevented completely. It often starts with an inappropriate comment or text message.  Teachers must proactively ensure that they never allow that starting point to occur because it is difficult to stop once a certain line is crossed. Teachers should never have a discussion about another teacher with a parent, student, or another teacher. We all run our classrooms differently than the other teachers in our building. Teaching differently does not necessarily translate to doing it better.  We are not always going to agree with the other teachers in our building, but we should always respect them. We should never discuss how they run their classroom with another parent or student. Instead, we should encourage them to approach that teacher or the building principal if they have any concerns.  Furthermore, we should never discuss other teachers with other faculty members. This will create division and discord and make it more difficult to work, teach, and learn.   Teachers should never put a student down, yell at them, or call them out in front of their peers. We expect our students to respect us, but respect is a two-way street.  As such, we must respect our students at all times.  Even when they are testing our patience, we should remain calm, cool, and collected.  When a teacher puts a student down, yells at them, or calls them out in front of their peers, they undermine their own authority with every other student in the class. These types of actions occur when a teacher loses control, and teachers must always maintain control of their classroom. Teachers should never ignore the opportunity to listen to parent concerns. Teachers should always welcome any parent who wants to have a conference with them so long as the parent is not irate.  Parents have a right to discuss concerns with their child’s teachers.  Some teachers misinterpret parent concerns as an all-out attack on themselves.  Truthfully, most parents are simply seeking information so that they can hear both sides of the story and rectify the situation.  Teachers would be best served to proactively reach out to parents as soon as a problem begins to develop. Teachers should never become complacent. Complacency will ruin a teacher’s career. We should always strive to improve and become better teachers. We should experiment with our teaching strategies and change them up a little every year. There are multiple factors that warrant some changes each year including new trends, personal growth, and the students themselves. Teachers must challenge themselves with ongoing research, professional development, and by having regular conversations with other educators.

Letter of recommendation Essay Example | Topics and Well Written Essays - 250 words - 2

Letter of recommendation - Essay Example She/he also had calm and organized approach to her/his daily duties and also took initiative in performing duties that were out of the ordinary. XYZ always displayed a talent for multitasking and always focused on details. XYZ’s pleasing personality makes him/her a wonderful colleague to work with and we find her/ his dedication to work both motivating and inspiring. She/he showed great composure during hectic work hours, and was flexible and willing to work for more hours to compensate her/ his peers who were on leave. She/he was an ideal people’s person. XYZ was a vital member of our team and I am sure the program would certainly help her/him nurture his/ her budding professional qualities. I would highly recommend her/ him as an ideal candidate for your program and hope that you would kindly consider the application. â€Å"Sample Recommendation Letters – Sample Letters of Recommendation.† About.com. 10 December 2011.