Wednesday, January 29, 2020

How to Teach Something Essay Example for Free

How to Teach Something Essay During the week I taught my father how to play rock band he learn how to play the drums on easy and medium level. It was fun teaching him he caught on easily and he got a really high scores and it was a great experience. I taught this skill to my dad because it’s something that my little sister and I like to do and it would be fun to do together. I also taught this skill because my dad and I don’t do a lot of things together and this would just be another great thing to do together! I chose my dad because he likes learning new things. He also likes have fun! So I thought this skill would make him really happy. He also wanted to learn how to play this game but we never had it and then I got it for Christmas. So I asked him if he still wanted to learn how to play it and he said yes. After I asked him he was so excited. It was really nice to see him happy. At the beginning of the lesson, things started off nice we both got a little frustrated at another but after the first game he started getting the hang of it and kind of started to get the concept. He really enjoyed the first game. And we had a lot of laughs. But then we got on the real levels and it started to confuse him a little. But after ten minutes I explained it a little more and he got it. In the middle of the lesson, my father was on a roll and I kept on switching the song because each song could be a little more difficult. And it was hard for at some points and then we took it a little slower and he started to get the hang of it more and more each time it! It was awesome to see how good he was getting. After the lesson was over, my dad learned how to play like an expert! On medium and easy level! I had such a great time teaching my dad and in the end it’s going towards great use because now I can do a lot more things with him at hope. In the end of everything seeing my dad really happy with his accomplishment and seeing that he wanted to learn to be with me more was the icing on the cake!

Tuesday, January 21, 2020

Project Mercury :: essays research papers

Project Mercury   Ã‚  Ã‚  Ã‚  Ã‚  Project Mercury, the first manned U.S. space project, became an official NASA program on October 7, 1958. The Mercury Program was given two main but broad objectives: 1. to investigate man’s ability to survive and perform in the space environment and 2. to develop basic space technology and hardware for manned space flight programs to come.   Ã‚  Ã‚  Ã‚  Ã‚  NASA also had to find astronauts to fly the spacecraft. In 1959 NASA asked the U.S. military for a list of their members who met certain qualifications. All applicants were required to have had extensive jet aircraft flight experience and engineering training. The applicants could be no more than five feet eleven inches tall, do to the limited amount of cabin space that the Mercury modules provided. All who met these requirements were also required to undergo numerous intense physical and psychological evaluations. Finally, out of a field of 500 people who met the experience, training, and height requirements, NASA selected seven to become U.S. astronauts. There names, Lieutenant M. Scott Carpenter; Air Force Captains L. Gordon Cooper, Jr., Virgil â€Å" Gus† Grissom, and Donald K. â€Å"Deke† Slayton; Marine Lieutenant Colonel John H. Glenn, Jr.; and Navy Lieutenant commanders Walter M. Schirra, Jr., and Alan B. Shepard, Jr. Of these, all flew in Project Mercury except Deke Slayton who was grounded for medical reasons. He later became an American crewmember of the Apollo-Soyuz Test Project.   Ã‚  Ã‚  Ã‚  Ã‚  The Mercury module was a bell shaped craft. Its base measured exactly 74.5 inches wide and it was nine feet tall. For its boosters NASA chose two U.S. military rockets: the Army’s Redstone, which provided 78,000 pounds of thrust, was used for suborbital flights, and the Air Force Atlas, providing 360,000 pounds of thrust, was used for orbital fights. The Mercury craft was fastened to the top of the booster for launch. Upon reaching the limits of Earth’s atmosphere the boosters were released from the module, and fell into uninhabited ocean.   Ã‚  Ã‚  Ã‚  Ã‚  The first Mercury launch was performed on May 5, 1961. The ship, Freedom 7, was the first U.S. craft used for manned space flight. Astronaut Alan Shepard, Jr. remained in suborbital flight for 15 minutes and 22 seconds, with an accumulated distance of 116 miles.   Ã‚  Ã‚  Ã‚  Ã‚  The second and final suborbital mission of the Mercury Project was launched on July 21, 1961. Gus Grissom navigated his ship, Liberty Bell 7, through flight for just 15 seconds longer than the previous mission.   Ã‚  Ã‚  Ã‚  Ã‚  The next Mercury flight was accomplished using an Atlas booster. On February 20,1962 it fired up and launched John Glenn, Jr., inside Friendship 7, into orbit. Glenn orbited Earth three times and when he returned the country

Monday, January 13, 2020

William Stokoe Timeline

1919- William C. Stokoe Jr. was born on July 21 in New Hampshire. 2 1937- He attended Wells College with the in the intention to study physical chemistry, but he decided that it consumed too much time and money and decided to study English instead. 1946- William Stokoe receives his Ph. D. in English and teaches at Wells College for seven years. 2 1955- William Stokoe is hired as the head of the Department of English at Gallaudet College. It was a year later he was first exposed to deaf people signing.Stokoe decides to research signing because, unlike the opinions of many of his colleagues, he viewed signing as its own distinctive language. 2 1957- Stokoe receives a research grant from the American Council of Learned Societies to begin analyzing ASL as a language. Two years later, The National Science Foundation continued the funding for his study. 1-2 1960- Stokoe publishes his first book on the research he conducted on signing, titled Sign Language Structure: An Outline of the Visua l Communication Systems of the American Deaf. -2 1965- Stokoe, along with Carl Croneberge and Dorothy Casterline, published his second book A Dictionary of American Sign Language on Linguistic Principles. This book includes Stokoe’s development of a written notation for ASL. This book also helped Stokoe’s ideas gain wide acceptance and prove the legitimacy of sign language as an independent, fully developed language. 1-2 1971- Gallaudet University established a Linguistic Research Lab with Stokoe as the director until 1984.In the same year, he starts the publication of the newsletter, â€Å"Signs of Our Times†. 1-2 – The first presentation of information about ASL takes place at the conference held by James Woodward, at the Linguistics Society of America. Two years later, the Linguistic Society of America creates a section for sign languages to be included in their conference. 1 1975- The Communicative Skills program of NAD (National Association of the De af) established for the sign language teachers, called Sign Instructors Guidance Network (SIGN). Read also  Summary : Love Is Never SilentA year later, SIGN begins to certify sign language teachers at the NAD convention. 1 1979- Gallaudet’s faculty recognizes ASL as a means of communication to be used in classes. Gallaudet offers its faculty and staff the first course on the Structure of ASL. 1 1980- Stokoe is finally honored for his research 20 years after the publishing of his first book. 1 1984- Stokoe retires from Gallaudet University. Four years later, he receives an onorary doctorate from Gallaudet. 2 2000- William Stokoe dies of Myeloma on April 4 in Chevy Chase, Maryland. 2 References: 1. ASL Timeline. (2006, May 15). Linguistics and Dialects of American Sign Language. Retrieved September 29, 2012, from http://buaslbutterfly. tripod. com/id7. html 2. William C. Stokoe Jr. (n. d. ). Angelfire: Welcome to Angelfire. Retrieved September 29, 2012, from http://www. angelfire. come/ut/stelok/Stokoe. html

Sunday, January 5, 2020

The Odyssey And Its Themes Essay - 709 Words

The Odyssey and Its Themes Homers great literary classic, The Odyssey, represents and illustrates many emotional and mental values. All of these values can be classified under three different main themes that are constant throughout the epic tale. These themes are: A boys struggle to be a man, a kings struggle to reclaim his kingdom, and a mans struggle to return home. As one reads this book it will become more and more evident to them that a mans struggle to get home is the most important theme throughout Homers adventure. In The Odyssey, Odysseuss longing for his home and family is what drives the story. That is his one goal in the entire book, and that really states something about his character. In Book 5 we are first†¦show more content†¦Some of the obstacles included the Lotus-Eaters, Cyclops, Sirens, Scylla, and Charybdis. In many ways these creatures and temptations represent all obstacles that get in the way of goals. They are the classic feat that the protagonist, Odysseus, must overcome to get to his goal, home. One of the most fearsome, brutish obstacles was Polyphemus, the Cyclops. Polyphemus ends up destroying a large portion of Odysseuss crew as described in lines 746-752. Neither reply nor pity came from him, but in one stride he clutched at my companions and caught two in his hands like squirming puppies to beat their brains out, spattering the floor. Then he dismembered them and made his mealamp;#8230;; This descriptive brutality shows you just how much a gigantic, intimidatin g obstacle Polyphemus was. Another one of these obstacles was Scylla. Scyllas attack was described in lines 1338-1343. Then Scylla made her strike, whisking six of my best men from the ship. I happened to glance aft at ship and oarsmen and caught sight of their arms and legs dangling high overhead.; This is yet another grim reminder of just how determined Odysseus is to get to his home and family. Throughout The Odyssey, Odysseus is warned many times of the perils and difficulty of his journey. All through these times it seems that Odysseus will never get home, but he never loses hope. In Book 11, Odysseus ventures into hell to meet with the great prophet, Teiresias. Teiresias prophesizes, But anguish liesShow MoreRelatedThe Odyssey and Its Themes771 Words   |  4 PagesThe Odyssey and Its Themes Homer#8217;s great literary classic, The Odyssey, represents and illustrates many emotional and mental values. All of these values can be classified under three different main themes that are constant throughout the epic tale. These themes are: A boy#8217;s struggle to be a man, a king#8217;s struggle to reclaim his kingdom, and a man#8217;s struggle to return home. As one reads this book it will become more and more evident to them that a man#8217;s struggleRead MoreTheme Of Similes In The Odyssey767 Words   |  4 PagesThe Odyssey of Homer presents a large variety of themes, and also reinforces them through several different techniques. One of the primary ways Homer strengthens the themes outlined in The Odyssey is through the use of literary devices, specifically similes. One of the central themes in The Odyssey which is strengthened through the use of simile is Odysseus’ ability to use deception rather than sheer strength to escape perilous situations. Another centra l theme emphasized by similes is the longingRead MoreTheme Of Violence In The Odyssey1025 Words   |  5 Pages The Odyssey by Homer is a literary classic that presents many themes about the natures of both man and god. Although the characters of the book display characteristics relatable to those of the people today, one of the most prevalent differences between the two eras and their people is the intense violence that takes place throughout the entirety of the epic. This violence serves several functions in the work as a whole. The violence that is enacted upon the characters of The Odyssey serve as aRead MoreTheme Of Loyalty In The Odyssey973 Words   |  4 PagesThe major themes of The Odyssey are loyalty, hospitality, revenge and Disguise. Penelope stays loyal to Odysseus for 20 years, waiting for him to return home and Eurycleia is loyal to Odysseus and tells him who had been disloyal to him while he was away. When Homer recorded The Odyssey, members of the household and staff were loyal to the paterfamilias. Loyalty was expected in ancient Greek times out of respect. Women and servants were submissive to the paterfamilias and their loyalty demonstratedRead MoreTheme Of Faithfulness In The Odyssey958 Words   |  4 PagesThemes are a very important concept of any story. Themes show what a story is all about. In the story, The Odyssey, there are quite a few important themes. Each one has a different meaning. The theme of faithfulness stands out the most in The Odyssey. Faithfulness is shown many different times in this story. Faithfulness is shown through Odysseus with his crew and family, Athena, and Penelope himself. All of these characters show faithfulness in different ways. Faithfulness is definitely a key traitR ead MoreThe Odyssey : Themes Of Loyalty, Justice, And Hospitality1017 Words   |  5 Pagesand works of literature. When teachers teach about analyzation within works of literature, most attempt to have a student find a theme, or what the author is trying to teach the reader. While some books only have one themes, others have a multiple. In one of Homer s most famous pieces of literature, various themes can be found. Throughout The Odyssey, three major themes of loyalty, justice, and hospitality are present. Loyalty is a basic human virtue that is glaringly visible in this book.Read MoreWhy Is Xenia Such an Important Theme in the Odyssey?1211 Words   |  5 PagesWhy is Xenia such an important theme in the Odyssey? Explain your views and support them with details from the poem. (45 marks) The concept of guest hospitality was extremely important in ancient Greece. Evidence that Xenia was integral to Greek society can be found in the fact that Zeus, the king of the Gods, was also portrayed as the God of Xenia. Xenia created an obligation for the host to be hospitable to their guests, and conversely, the guests had their own responsibilities too. If eitherRead MoreWhat Is The Theme Of Pathos And Logos In The Odyssey929 Words   |  4 Pageshardships. This theme is demonstrated through pathos and logos in both â€Å"The Odyssey† by Homer and â€Å"Back from War but Not Really Home† by Caroline Alexander. These texts use these rhetorical devices to prove that a soldier’s struggle does not stop when he leaves the battlefield. By doing so, they open the eyes of the reader to the injustice they face. In both articles, pathos, or emotional appeal, is used to show the awkwardness between survivors and civilians. We can see this in the Odyssey when the textRead MoreTheme of Revenge in Homers Odyssey Essay878 Words   |  4 PagesHomer’s The Odyssey is not just a tale of a man’s struggle on his journey home from the Trojan War, but of his struggle from the consequences of revenge. The Odyssey weaves in different characters’ tales of revenge from the gods and what impact revenge actually had on those characters. Revenge is an important underlying theme in The Odyssey because, in essence, it explains why Odysseus’ journey was so prolonged and treacherous. A few examples of revenge in the poem include Orestes’ revenge onRead MoreHuman Themes Of Homer s The Odyssey1261 Words   |  6 PagesHuman themes that dominate Homer’s The Odyssey is hubris. During his adventure with the Cyclops, Odysseus cleverly blinded the beast with a stake in his eye. He even went as far as saying that his name was Nobody so when the Cyclops would scream in pain and try to get help, nobody would help him for he would say â€Å"Nobody is hurting me†. However, Odysseus went to far when he escaped by not only yelling out his actual name but saying exactly who he is and where he can be located. I find this quite funny

Saturday, December 28, 2019

Court considerations of tortious distributive justice - Free Essay Example

Sample details Pages: 10 Words: 2901 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Justice Essay Tort Essay Did you like this example? à ¢Ã¢â€š ¬Ã‹Å"It is inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort such factors are ones for the legislature alone.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Critically evaluate this statement. In order to evaluate whether or not it is appropriate for the courts to take account of considerations of distributive justice in tort, the meaning of distributive justice in this context must be considered. According to Aristotleà ¢Ã¢â€š ¬Ã¢â€ž ¢s classic definition, distributive justice is a mechanism by which benefits and burdens among the members of a relevant group in proportion to some criterion are distributed.[1] By way of example, a criterion for distribution which is commonly considered is equality; which involves an attempt to decrease the gaps between the à ¢Ã¢â€š ¬Ã‹Å"havesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the disadvantaged. Often when the term distributive justice is brought up, issues concerning tort lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s impact on the distribution of resources across the wider population spring to mind. Don’t waste time! Our writers will create an original "Court considerations of tortious distributive justice" essay for you Create order This reflects the distributive justice theory propounded by Perry[2] in which he states the point of distributive justice is understood to be the just distribution of material resources throughout society as a whole. Perryà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of distributive justice consists of a pattern of entitlements to material resources existing independently of tort law, and of tort law as a set of obligations not to disturb that pattern. Cane[3] draws an important distinction between distributive justice all things considered, otherwise known as global distributive justice, and the distributive justice that is confined to tort law. Because of its corrective-justice structure, tort law may be considered distributively unfair in the global sense even if the way it distributes rights and obligations is considered fair as between doers and sufferers of harm. As a matter of fact, one of the most common criticisms of tort law is precisely that it distributes justice unfairly because it oper ates pair-wise or under a à ¢Ã¢â€š ¬Ã‹Å"correlativity,à ¢Ã¢â€š ¬Ã¢â€ž ¢ it often doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t take into account wider distributive context of society. [4] Under Caneà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach, tort law itself consists of rules and principles of personal responsibility for harm that establish a pattern of distribution of risks of harm and obligations of repair within society. The subject matter of the relevant principles of distribution under the approach are risks of harm and obligations of reparation and correlative entitlements, not à ¢Ã¢â€š ¬Ã‹Å"material resourcesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[5] It is widely held that any sound explanation of tort law must, whatever other considerations it may invoke, invoke considerations of corrective justice.[6] Corrective justice is the idea that liability rectifies the injustice inflicted by one person on another. It focuses on a quantity that represents what rightfully belongs to one party but is now wrongly possessed by anothe r party and therefore must be returned to its rightful owner. In distributive justice, by contrast, the parties interact not directly but through the medium of a distributive scheme. Instead of linking solely the specific tortfeasor to the victim, distributive justice links all possible tortfeasors or victims in the same group to the benefit or the burden that they jointly share.[7] By way of example, the legal regime of personal injuries can be organized either correctively or distributively. Correctively a tort is committed by one party against another and the subsequent payment of damages from the first party to the second will restore the equality disturbed by the initial wrong. Distributively, the same incident activates a compensation scheme that shifts resources among members of a pool of contributors and recipients in accordance with a distributive criterion. The difference between corrective and distributive justice lies not in the different subject matters to which they apply, but in the way that they each operate differently on a subject matter to both. One argument against courts taking into consideration distributive justice in their decisions is the view that distributive and corrective justice considerations are incompatible and that when a corrective justification is mixed with a distributive one, each unavoidably undermines the justificatory force of the other. This is a view advocated by Weinrib[8] who argues that corrective and distributive justice are categorically different. He argues that if the law is to be coherent, any given relationship cannot rest on a combination of both corrective and distributive justifications. He claims that corrective justice is the backbone of the private law relationship and there can be no combining of distributive and corrective considerations. He rejects distributive considerations as being à ¢Ã¢â€š ¬Ã‹Å"alienà ¢Ã¢â€š ¬Ã¢â€ž ¢ to tort law interpreted as a coherent normative practice.[9] Many sch olars however dispute Weinribà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim that distributive and corrective justice considerations are categorically different. Gardner[10] for example contends the opposed view that certain questions of distributive justice are central to the law of torts and must be faced by those who administer and develop it, namely the judiciary, precisely because the law of torts is a site of corrective justice. His view is that corrective justice specifies the structure of tort law as a system of correlative rights and obligations of recompensation between doers and sufferers of harm and that principles of distributive justice operate within this structure by specifying what these rights and obligations are. This theory results in a sense in which distributive justice is parasitic on corrective justice. A thesis which is supported by Cane[11], who states that corrective justice provides the structure of tort law within which distributive justice operates. The fact that many schola rs believe that corrective and distributive justice can work together coherently, disproves the argument put forth by Weinrib that distributive justice should not be considered in the courts, as it undermines essential corrective justice considerations. Moreover, it has been shown that distributive justice can be used as a constraint on corrective justice. In White[12], Lord Hoffman said that it would offend the ordinary persons notion of distributive justice if police officers who suffered psychiatric harm as a result of witnessing the events at the stadium were allowed to recover when many relatives had been sent away empty-handed. He contrasted the perspective of distributive justice with that of principle. From the perspective of principle (or corrective justice), the question of whether the officers should recover would have been answered by considering solely the relationship between them and the defendants, ignoring their position in relation to other groups of victims. In Lord Hoffmans view, if the court was to take into account only corrective justice considerations the result would have been that the officers would be allowed to recover. The reason he rejected this result was that the relatives had not been allowed to recover in Alcock[13]. To allow the police officers to recover when the relatives had been sent away empty-handed would have generated an unacceptable distribution of the risks and costs of negligence as between different classes of victims and injurers. So he used distributive justice consideration as a constraint on corrective justice to prevent this unfavourable outcome. The introduction of loss-spreading into tort law also demonstrates a blurring of the lines between corrective and distributive justice. The principle that accident losses should be distributed so as to minimize their felt impact has the proportional structure of distributive justice as it mandates the sharing of burdens in accordance with a criterion. Although it can and is argued by Weinrib that its use in tort law, fails to achieve distributive justice, because continuing the proportion by applying the principle to everyone within its reach is inconsistent with its being channelled through the doer and sufferer of a single harm. Conversely, since the issue of how the loss is ultimately spread is not relevant to the relationship of doing and suffering as such, in fact the best medium for loss-spreading might be some third party, the orienting of tort law toward loss-spreading cannot be portrayed as purely corrective justice consideration either. The combination of elements from both forms of justice ensures that neither form is achieved. Another somewhat more substantial argument against courts seeking to take account of considerations of distributive justice in tort, is that distributive decisions are often considered political by nature and therefore as a matter of course should not be undertaken by the judiciary. Weinrib argues that favouring a certain distributive consideration amongst several alternatives, requires the consideration of a collective goal which is external to the structure of corrective justice, and as such is political and thus falls outside the judicial scope.[14] Thus making distributive issues à ¢Ã¢â€š ¬Ã‹Å"illegitimateà ¢Ã¢â€š ¬Ã¢â€ž ¢ for consideration by the judiciary under the law of torts. A view which is supported by Schwartz. [15] The illegitimacy charge is based on an assumption that from a procedural justice perspective the idea that judges determining issues of resource distribution is problematic, since judges are not elected and their decisions do not necessarily reflect the preference of the voting public. He points to two features of the judicial process that make it unsuitable for resolving political issues of distribution. First, courts do not have the capacity to consider the full range of possible distributions, partly because their consideration of distributi ve issues is inevitably related to the resolution of disputes between two parties; judges therefore cannot make distributive decisions which affect whole categories of potential doers and suffers of harm. He argues that because the rules and principles of tort law organise the world in terms of bilateral relationships between pairs of tortfeasors and victims, it is implausible to explain it as a distributive mechanism. It might be thought from this, that distributive queries can only properly be considered by legislators and not judges and that judges in tort cases should only do justice between the parties. But where the rule of law prevails, doing justice between the parties must necessitate consideration of whether the plaintiff belongs to a class of people who should enjoy a right to proceed in tort against the defendant. Under the rule of law judges must not separate the rule from the ruling, either by declaring what the rule is or will henceforth be while declining to apply it to the case in hand, or by denying that there is a rule. Therefore it follows that no judge may rule in favour of any plaintiff except by placing the plaintiff within a class of imaginable plaintiffs who would, according to the judge, be entitled to the same ruling. So when courts recognize new causes of action in tort, or extend existing causes of action, they are distributing legal rights and duties to new classes of potential plaintiffs and potential defendants whether intentionally or not. Secondly, he submits that because distributive justice decisions can have far reaching implications affecting the interest of all members of the community, these sort of decisions should be made by the legislature who, unlike judges, are accountable to the community.[16] In other words, any specific distributive decisions should be made solely by elected institutions since it affects the interests of many individuals. It is his view that judges, who are not elected and who are instituti onally constrained by the limitations of the judicial process, do not have the authority to select a certain distribution among possible distributions. These arguments are not without merit. Courts themselves recognise their limitations in considering issues of social policy, and sometimes use this as a justification for refusing to make a particular distributive choice in a particular way.[17] However, as Keren-Paz[18] points out, a decision not to à ¢Ã¢â€š ¬Ã‹Å"interveneà ¢Ã¢â€š ¬Ã¢â€ž ¢ can have equally politically value-laden implications. Typically the refusal to make a distributive choice is in itself a distributive choice, which takes sides in the struggle between different groups in society and is heavily biased in favour of status quo and the à ¢Ã¢â€š ¬Ã‹Å"havesà ¢Ã¢â€š ¬Ã¢â€ž ¢ against the disadvantaged. He asserts that a decision to perpetuate the status quo is as political in nature as to a decision to deviate from it.[19] Keren-Paz submits that the only justif ication for judicial deference from distributive decisions is reliant upon the implausible conclusion that the status quo reflects a conscious, informed and legitimate decision by the legislature countering the decision that the court is asked to make, by a litigant striving to achieve social change.[20] This cannot be the case since, as a matter of constitutional law there is no legislation by omission. Also if it were the case then, given the inevitability of some form of distribution resulting from court-made rules, it might be taken that courts be prevented from developing new tort rules at all as there is an inevitability of some distributive results of tort law and that the political nature of judicial rule making is inevitable. An example of how in the process of attempting corrective justice between the parties in a tort case, judges may also be attempting distributive justice between classes of parties, is illustrated by the case of Donoghue and Stevenson[21]. The case w hereby the modern concept of negligence was created by setting out general principles whereby one person would owe a duty of care to another person. The decision in this case improved the position of a category of potential victims at the expense of a category of potential tortfeasors, thus clearly having distributive effect. This shows that whenever there is a question before the court of which acts ought to be classed as torts, judges cannot avoid attempting distributive justice. Every decision of the court has clear distributive repercussions yet no one seriously disputes the legitimacy of the courts in dealing with these issues. It is true that judges are not held accountable in the same way that politicians are, although it is not true that judges are unaccountable. For instance, the judicial obligation to give reasons for judgment that can withstand critical scrutiny is an important form of accountability. A clear of advantage of the courts taking into account consideration s of distributive justice whilst crafting tort rules is that it requires an open discussion by judges of the distributive effects of their decisions. Although it is suggested by Mandel[22] that courts are more likely to be conservative and that they tend to impede rather than further an egalitarian agenda, it is countered by Keren-Paz[23] that no matter what the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ real inclinations are, conservative or not, if the consideration of distributive goals is required then judges are more likely to produce progressive results than regressive ones given the costs of being seen to endorse explicit inegalitarian views. It is my opinion that, requiring judges to take account of distributive justice considerations would improve transparency, as judges would be required to reveal the values that lie behind their decisions and not hide behind the argument that such decisions are outside their purview. However troubling the lack of accountability of the courts may be, it can provide no support for an argument against involvement in redistribution, since preserving the status quo is as political as engaging in progressive redistribution. Although I firmly believe otherwise, even if it were true that the lack of accountability of the courts presents a real challenge to their legitimacy in pursing distributive goals, the ability of the legislature to react to courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ rulings by amending or complementing them should provide an adequate response to this concern. In conclusion I do not believe it inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort. I believe that taking into consideration the distributive justice effects of court rulings would in fact have positive effects as it would encourage judges to consider the distributive implications that will be inevitably caused by any formation of new tort rules. Also as demonstrated in White distributive justice consideratio ns can be used as checks on decisions that if considered under a purely corrective justice approach may have negative effects for substantive justice. Although the judiciary are not held to the same standards of accountability of the legislature, there are still sufficient restrictions in place to hold the judiciary accountable for decisions made with distributive considerations in mind with the security that the legislature can always overrule court rulings if deemed necessary. Bibliography A Schwartz (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 Aristotle, Nicomachean Ethics (2000) (Ethics) Donoghue v Stevenson [1932] AC 562 E Weinrib, The Idea of Private Law (2013) J Gardner, What is Tort Law for? Part 1: The Place of Corrective Justice (2010) J Gardner, What is Tort Law For? Part 2. The Place of Distributive Justice (2013) M Mandel (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) P Cane, Distributive Justice and Tort Law (2001) S Perry, Tort Law in Patterson (ed) A Companion to Philosophy of Law and Legal Theory (1996) T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 [1] Aristotle, Nicomachean Ethics (2000) (Ethics) 85. [2] S Perry, Tort Law in Patterson (ed) A Companion to Philosophy of Law and Legal Theory (1996) 333, 71-72. [3] P Cane, Distributive Justice and Tort Law, [4] J Gardner, What is Tort Law For? Part 2. The Place of Distributive Justice (2013) [5] P Cane supra note 3 [6] J Gardner, What is Tort Law for? Part 1: The Place of Corrective Justice (2010) [7] T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) [8] E Weinrib, The Idea of Private Law (2013) [9] ibid [10] J Gardner, supra note 4 [11] P Cane supra note 3 [12] White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 [13] Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 [14] E Weinrib, The Idea of Private Law (2013) [15] A Schwartz (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) [16] E Weinrib, The Idea of Private Law (2013) [17] T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007) [18] ibid [19] ibid [20] ibid [21] Donoghue v Stevenson [1932] AC 562 [22] M Mandel (cited T Keren-Paz, Torts, Egalitarianism and Distributive Justice (2007)) [23] T Keren-Paz, supra note 8

Friday, December 20, 2019

The Incarceration Of The United States Of America

Preamble: Whereas at this time, many of the incarcerated men, women, and children of our great nation are not sufficiently educated to be employed by the various corporations in the United States of America. To further develop the potential workforce of America, these incarcerated peoples should become proficient in the reading and writing of the English language. This in turn will help reduce the tax rates of the Federal Bureau of Prisons by lessening the amount of people imprisoned. According to the article Educated Prisoners are Less Likely to Return to Prison found in the Journal of Correctional Education, the prisoners who undergo an educational program during their incarceration are far less likely to return than prisoners who did not received any education during their confinement. In the state of Ohio, the total rate of recidivism (an inmate s relapse back into criminal behavior after they received sanctions or underwent an intervention for a previous crime) was 40 percent wh ile the prisoners who had completed an academic program during imprisonment had an overall rate of 18 percent. When the recidivism rate is lowered, these aforementioned correctional education programs produce hundreds of millions of dollars worth of savings annually for the country. Additionally, the education of the incarcerated peoples of America will increase the national literacy rate and promote the general welfare of the country. Section 1: In order to determine the skill level of theShow MoreRelatedThe Effects Of Incarceration On The United States Of America978 Words   |  4 Pagesprison population of the United States of America can be attributed to changes in sentencing and policies that created stricter laws and harsher punishments for offenders. For the last half-century, America’s attempts to get tough on crime and wage a war on drugs have landed the U.S. the highest spot on the worldwide charts in regards to prison population; only in recent years has the rate of incarceration changed course, tracking a slow, steady downward trail. Incarceration is supposed to be punishmentRead MoreAmeric Land Of The Incarcerated1296 Words   |  6 Pages America: Land of the Incarcerated Connor Murphy Mesa Community College â€Æ' In 1814, Francis Scott Key wrote the poem The Star Spangled Banner after witnessing the attack on Fort McHenry by the British Royal Navy in the War of 1812. The poem was sang to the tune of a well-known British song and eventually, Key’s once amateur patriotic poem became the United States national anthem in which the lyrics strongly symbolize our country’s perseverance and freedom. The Star Spangled BannerRead MoreThe New Jim Crow : Mass Incarceration1199 Words   |  5 Pagesdid read her book The New Jim Crow: Mass Incarceration In The Age of Colorblindness. Michelle Alexander stated that The most despised in America is not gays, transgenders, nor even illegal immigrants - it is criminals. That was an important quote since the stereotypical criminal in our racially divided America in most cases are those of color also known as blacks. This is why the criminal justice system in the United States promotes the mass incarceration of blacks that can be seen through highR ead MoreMass Incarceration Essay1278 Words   |  6 Pages MASS INCARCERATION The prison population in the United states has increased 500% in thirty years. Since the 1970s social inequality has impacted the American prison system. 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The U.S.’s path to our over population has been decades in the making. â€Å"The United States makes up about 4 percent of the world’s population, and it accounts for 22 percent of the world’s prison population.† (Lopez). Prison over population is a growing concern within our society creating and contributing factors include longer sentences, rising costs, prison gangs, rapes, racism and mental health issues.Read MorePunitive Model Of Incarceration During The United States1321 Words   |  6 Pages Examining the Punitive Model of Incarceration in the United States and the Changes that Brought It About Collin S. Lahr Ball State University Abstract This paper explores several different sources that cover some aspect of how the United States Penal System went from the Rehabilitative Model to a punitive system. Bryan Stevenson and Betsy Matthews have written about how drug enforcement and the â€Å"War on Drugs† are responsible. Yeoman Lowbrow’s analysis of the crime rate and statistics willRead MoreThe Video Of Last Week Tonight By John Oliver884 Words   |  4 PagesReaction Assignment In the video of Last Week Tonight with John Oliver, John Oliver discusses the problem of mass incarceration in the United States. He starts by talking about the extremely large prison population in America. According to Oliver America has a larger prison population than China despite having a much smaller overall population. In fact America has the largest prison population in the entire world. He then discusses how the prison population is mostly populated with minorities andRead MoreThe American Justice System Is Corrupt1536 Words   |  7 PagesDo you believe that everyone should be free? Well the thing is that America is really taking that away from people who have done something wrong even when it s for petty stuff like writing a bad check. Some stuff is understandable like murder or other stuff, but some is outrageous. The American prison population has been absolutely ridiculous; it s crazy for the U.S. To have such high prison rates. The more you know about it the more frus trating it gets, and if you ask almost anyone you would think

Wednesday, December 11, 2019

Tijuana Bronze Machining Teaching Commentary Essay Example For Students

Tijuana Bronze Machining: Teaching Commentary Essay The selling price for flow controllers increased more than 12% this past month while the selling price for pumps decreased more than 16%. The BBC analysis indicates that pumps still have the highest gross margin (40%) at the actual selling price. The gross margin would be 35% at a price of $75. 06, which would allow still further price cuts of $6. 20 per unit. Given the commodity pricing pressure on pumps, and if 35% is really Tabs necessary gross margin before SAG expenses to earn an adequate rate of return, hen a further 5% decrease to approximately $75 can be made without harming the target gross margin. This assumes the BBC costs per unit do not change. Cost Reduction (Re-engineering) for Pumps? There is a lot of buyer power in this market, so TAB must undertake cost reduction and re-engineering programs to be the low cost producer. The case says pumps require less precision manufacturing than valves. Pumps involve only one more component than valves. There are approximately 58 workers on board and average wage (plus benefits) is $16 per hour. At 25% benefits, an approximate wage rate is $13 per hour, which is on the sigh side for industrial manufacturing Jobs along the Mexican border at the time of the case. Perhaps less skilled machinists could be used on the pumps (and flow controllers)? Although automation is touted by management, direct labor represents 12% of the total manufacturing costs. Again, some cost savings may be possible. Also, eight hours for a set-up?! How Are Valves Doing? Apparently, the one valve customer is pleased with our quality and competitive price. Competitors are not attempting price cuts. The case implies that automation and efficient production processes are helping control costs and efficiency. But is it good strategy for TAB to be dependent on a single customer for valves? The BBC gross margin is 35% for valves so no action seems necessary to raise or lower prices. Company makes pumps and flow controllers to fill out the production capacity. Can we really continue long-run with 24% of sales in a no-growth market with a single customer? Teaching Strategy In class, I go through the questions in order, trying to save at least 20 minutes (in a 90-minute class) for question 8. Usually, questions 1 through 6 are pretty straightforward for students who are willing to spend about 3 hours in preparation or class. The trick in class is Just to keep the discussion moving along. Question 7 is very difficult for students. Often, I have to take over the discussion and show students the analysis reproduced above. The question is a good antidote to the idea that KIT is always goodnot when receiving and handling costs are as high as in this case. I believe it is important to spend at least 10 to 15 minutes or so on this question to reinforce the concept that BAM is a dynamic concept, based on cost management, whereas BBC is a static concept, based on cost measurement.