The Federalist Papers, James Madison Essay Example for Free

The Federalist Papers, James Madison Essay In the Federalist Papers, James Madison and others layout their rationale both for and against approval of the Constitution.â One of the biggest pieces of these contentions was the conversation of detachment of forces and functions.â James Madison laid out one issue characteristic in having a multi-fanned governmentâ€namely the possibility of infringement. He saw this as an issue with a few sources and proposed a few solutions.â The Constitution reviews the issue of infringement in a few ways.â He additionally feels that in the perspectives on today, we should assess if Madison was right in seeing infringement as an issue.  We should likewise assess if Madison’s source was correct.â Madison additionally felt that the new Constitution didn't disregard a fundamental political proverb of having the political divisions discrete and particular. Above all else, we should characterize what Madison implies by â€Å"encroachment.†Ã¢ In Federalist 47, Madison utilizes the British government’s constitution as a reason for his definition.â At its center, infringement is the place each part of government infringes upon the forces and obligations of different parts of government. Under the British framework, he says, â€Å"the official officer shapes a basic piece of the authoritative authority.â only he has the perogative of making settlements with outside sovereigns, which, when made, have, under specific constraints, the power of administrative acts (Madison, 1788).†Ã¢ Additionally, â€Å"all the individuals from the legal executive division are designated by him, can be expelled by him on the location of the two Houses of Parliament, and structure, when he satisfies to counsel them, one of his established boards (Madison, 1788).† Likewise in Federalist 47, Madison distinguishes the wellsprings of encroachment.â To whit, the wellsprings of infringement are the very states themselves.â He gives a few models, yet calls attention to that for each situation, there is a â€Å"eye to the threat of inappropriately mixing the various divisions (Madison, 1788).†Ã¢    Complete qualification of the different branches, while a perfect objective to desire, was about difficult to pick up basically on the grounds that the idea of administration made each branch subordinate upon one another. Madison saw this as an issue since he felt that â€Å"the nature of a free government will concede; or as is reliable with that chain of association that ties the entire texture of the constitution in one solvent obligation of solidarity and harmony (Madison, 1788).†Ã¢ at the end of the day, laws are made and executed by a similar body, oppression will in all likelihood result.â Additionally, he felt that the overseeing bodies would misconstrue that pre-set up limits and would not work inside them, along these lines extending their forces when settling on choices and purposefully or not infringing upon the various parts of government. Madison proposed a few things that would help control encroachment.â One of the proposition was embraced at the Constitutional Convention.â That is, to have an absence of an inherited monarch.â This would help usurp oppression in light of the fact that putting constraints on the length and degree of the executive’s force and residency would likewise control infringement. Of the considerable number of divisions, Madison was generally dreadful of the legislative.â Its sweeping forces would lead most unquestionably to encroachment.â Additionally, he said that the gathering would look to â€Å"indulge all their desire and fumes every one of their insurances (Madison 1788).†Ã¢ at the end of the day, the get together would be increasingly inclined to infringement since it had control over who might fill the situations in other departmentsâ€from bureau positions to judgeships, the lawmaking body infringes on almost every part of each office. The following arrangement Madison proposed was the speaking to the individuals through a convention.â This idea was delivered in Federalist 49.â His thought was to call a show at whatever point two of the three branches â€Å"shall agree in sentiment, each by the voices of 66% of their entire number (Madison, 1788).† This show would be a â€Å"convention †¦ important for modifying the Constitution or rectifying penetrates of it (Madison, 1788).†  Madison thought this was a definitive arrangement in remedying infringements into each of the distinctive departments.â He states strongly in Federalist 50 that PERIODICAL interests are the best possible and satisfactory methods for PREVENTING AND CORRECTING INFRACTIONS OF THE CONSTITUTION (Madison, 1788).† At long last, Madison proposed giving every office a sacred way to oppose encroachment.â This would end the infringement issue through Madison's eyes, in light of the fact that every division would be outfitted to manage any encroachments.â He saw the biggest possibility of infringement to originate from the authoritative branch and to shield it from getting excessively amazing, he proposed partitioning the governing body into branches with an alternate political decision plan and various capacities, and subsequently they are as meager associated as could be expected under the circumstances (Madison, 1788). The Constitution reviews the possibility of infringement very easily.â It basically isolates the three parts of government and doles out specific forces to each.â For instance, the administrative branch does precisely that, enacts, yet so as to totally carry out its responsibility, it requires the official branch to sign the bills into laws and give a budget.â The other keep an eye on authoritative force is the legal branch.â The legal branch ensures that the authoritative branch doesn't exceed its power by passing laws hindering to the American individuals. We should assess in our twenty first century vision if Madison did surely get this issue right.â Is infringement as large an issue as Madison suspected, or is it basically an important evil?â Is infringement as it exists, and its sources as Madison saw them, correct?â Do his answers work in a twenty first century setting or do they just stonewall an effectively moderate and challenging process?â These are the issues that we have to reply so as to apply Madison’s thoughts to our cutting edge administration. Infringement as Madison saw it is an issue, however an important evil.â Because of our sensitive majority rule government, we should have some degree of infringement among the departments.â The entire idea of balanced governance spins around the possibility that every division should fundamentally infringe upon the intensity of another to shield it from moving outside its established powers.â The sources as Madison saw them were to be sure correct.â The customs made by the essayists of the state constitutions made the issue of encroachment.â Since the issue was so settled in, separating from infringement in the states from infringement in the central government is about incomprehensible. Custom is a hard thing to dispose of, and Madison was on the whole correct to see it, yet wrong to attempt to kill it from the government mã ©lange.â Madison’s arrangements are to some degree helpful, as some are as of now set up, however others would be too hard to even consider implementing and would stonewall an effectively moderate and exhausting process.â The confinement of the degree and span shields the official from turning out to be too powerful.â The council as of now constrains infringement because of its far reaching lawmaking capacities and obligations. How did Madison not feel the new Constitution not damage that political proverb of not mixing the three parts of government?â The appropriate response is that they didn't blend.â Each office is independent and particular, with its own arrangement of obligations and duties, yet each is subject to the others so each doesn't pick up a lot of intensity. Madison likewise feels that there are â€Å"means and individual thought processes (1788)† that will help keep up the division of forces as characterized in the Constitution.â By this, Madison implies that the individuals that run the office ought to have sacred methods available to them so as to have the option to oppose the infringements of the other branches.â He feels that human instinct is with the end goal that individuals would make a get for power, and such methods ought to be set up â€Å"to control the maltreatment of government (Madison, 1788).†Ã¢ Constitutional limitations would shield such snatches from occurring, and control the ruses of individuals plan on oppression. The Jeffersonian exacting division of forces would not work in an adaptable and dynamic government.â It would be a formula for tyranny.â By having severe partition of forces, there would be no keeps an eye on the forces of each branch, and each branch would be permitted to turn out to be nearly as amazing as it needed. The administrative branch could push through enactment based on its personal preference without any respects for the intensity of the administration and the judicial.â The legal could murder any enactment it didn't care for and pass law from the seat, and the administration could overwhelm the other two branches.â This would set up a circumstance of oppression that could always be unable to be rectified.â However, Madison (1788) discloses to us that â€Å"in republican government, the authoritative authority fundamentally predominates.†Ã¢ His answer was to isolate the lawmaking body into parts, along these lines weakening it to shield it from invading the other two branches. Madison got the possibility of infringement right.â From his point of view, infringement was an issue with simple solutions.â Even however it was dug in our general public from frontier days, the foundation of the three parts of government alongside relegated powers guaranteed that there would be no infringement of one branch onto another.â Some of his answers were simple, while others were more difficult.â Madison would be glad for what has been practiced and would be an invited guest in our time.â He would be a savvy counsel an

In Favor of Emancipation for Children :: Argumentative Persuasive Essays

In Favor of Emancipation for Children Envision that you're a youthful young person living with you mother. She left your dad, an oppressive and brutal man, when you were 10. Your mom is slaughtered in an auto crash 5 years after the fact. Since your mom didn't set up a will, the state expects you to live with your dad. The main thing you could do to spare your own life is to end your dad's privileges by getting liberated. Numerous individuals have heard or found out about the circumstances of youngster superstars, for example, Jenna Malone, Drew Barrymore, Christina Ricci, Michelle Williams and Macauley Culkin or kid competitors like Dominique Moceanu, however few have known about an all the more convincing circumstance as that of Aaron Kipnis. This youngster was severely beaten by his stepfather at eleven years old. Rather than rebuffing his stepfather, the province of California made the multi year old a dependent of the government. Being a ward, in the states adolescent framework, was an awful encounter. For the following five years, Kipnis started a pattern of fleeing, getting captured, and living in impermanent lodging. It was not until he was sixteen that a probation officer suggested he seek after legitimate liberation. His opportunity was at last conceded at seventeen (Rupp 1). Liberation is a court procedure that gives a high schooler lawful freedom from their folks of watchmen and is conceded grown-up social equality with the exception of those recommended by the law (Emancipation). Liberated minors won't be naturally qualified for do certain things, for example, vote or legitimately drink mixed refreshment. Despite the fact that kid misuse is one of the principle reasons why kids need to be liberated, there are different explanations behind youngsters to need grown-up obligations. One of those reasons is kids on-screen characters are required to work incredibly extended periods of time. Chiefs and makers are constrained by kid work laws. The kids entertainers need to work their significant compensations employments. So as to proceed with their remaining task at hand and keep their high pay, it is to their advantage to get liberated. In different cases, there may not be misuse or high salary that is a worry, it just may be that the parent or gatekeeper and the kid can not deal with being around one another. So as opposed to proceeding with consistent fights, the kid and guardians concur that it would be the best for everybody to look for liberation. Generally the hardest necessity to meet is monetary autonomy.

Blog Archive Friday Factoid Investing at UCLA Anderson

Blog Archive Friday Factoid Investing at UCLA Anderson Many acknowledge UCLA Anderson’s unique connections to the media and entertainment industry. Far fewer MBA aspirants are aware of the tremendous opportunities Anderson provides to students interested in investment management. Established in 1987, the Anderson Student Investment Fund (SIF) offers a limited-enrollment course that provides students with a hands-on opportunity to apply what they have learned about investment theory. Students must apply for the opportunity to manage this portfolio, valued at more than $2M, as one of the 10â€"12 SIF Fellows by submitting an essay and participating in two rounds of panel interviews. Then, those selectednow in the role of SIF Fellowsengage in investment strategy, asset allocation and security analysis for more than 18 months and explore both value and growth approaches to equity investments, as well as fixed income investments. SIF Fellows get together weekly during the academic year, meet once a month with the Faculty Oversigh t Committee and visit more than 30 investment professionals throughout the course of their tenure to learn about different investment philosophies. Fellows also receive assistance in securing summer internships in the investment management industry. Those interested in a career in investment management should give Anderson a closer look. For more information on  UCLA-Anderson  or  13 other leading MBA programs, check out the mbaMission Insider’s Guides. Share ThisTweet Friday Factoids University of California Los Angeles (Anderson)

Rememebering the Art of Fatherhood - Free Essay Example

Sample details Pages: 6 Words: 1796 Downloads: 8 Date added: 2019/02/15 Category Society Essay Level High school Topics: Fatherhood Essay Did you like this example? Upon attending the forum called â€Å"The Forgotten Art of Fatherhood†, hosted by Dr. Karin Heller, Kim Heidinger, and Dr. Eric Strandness, I received a great many eye-opening accounts of the effects of fatherhood on the individual lives of the main speakers and also of some students in the audience who were courageous enough to share their stories. Don’t waste time! Our writers will create an original "Rememebering the Art of Fatherhood" essay for you Create order Never before now have I been so aware of the substantial role that a father plays in a child’s upbringing, nor the considerable effect this role can have on their psychological development. This paper will respond to that forum by delving deeper into the key topics of the role of a father, the influence that this role has on the identities of male offspring, and how this can be exemplified in a critical feminist reading of the Bible particularly in David and his sons. An ongoing problem in society that has been largely overlooked for a long time is best summed up by the title of the forum: â€Å"The Forgotten Art of Fatherhood†. So obsessed have we been with trying to support females in society that we have left males a bit in the lurch. I’m not saying I think that men have been oppressed, and I certainly don’t find that to be the case, but I do think that the role of men in society has become a bit of an enigma where it used to be a clear and straightforward position. As society has evolved, the old gender roles have become outdated and irrelevant, and the continuation of them served only as a means of oppressing women unnecessarily. As women united and rose up to reclaim a fair and equal place in society, they also denounced the patriarchal role of males as exploitative, domineering, and aggressive. While a tipping of the scales was necessary for a more progressive and just social system, the roles which had been in place fo r centuries have now been overturned and there has yet to be a system formed in its place. To add complications, although the meanings and roles of â€Å"man† have become ambiguous, there are still roles which exist for that gender; the key examples of this forum have been â€Å"father† and â€Å"husband†. Society is no longer sure what it means to be a man, but the man still has roles automatically assigned to him. These men get a job for which there is no longer a description, and then society says â€Å"Okay, here’s your job. It’s very important that you do your job right, because how you perform strongly affects other people’s lives. Oh, and we’re also not really sure what that job is, so†¦ Good luck! Don’t screw it up.† This is hardly a recipe for success. Sometimes it works out fine, the man figures it out or has help figuring it out, and there’s another well-adjusted kid sent out into the world. However, in many cases, it doesn’t work out in quite such an ideal way. There have been a plethora of cases of absentee fathers, abusive fathers, distant fathers, or other variations of negative paternal roles to support the fact that there is a knowledge gap as to how to be a positive masculine entity. This is a huge problem, because it’s becoming more and more clear how much of an effect a â€Å"bad dad† can have on someone’s individual development. There were many examples of this illustrated during the forum, such as Dr. Eric Strandness’s recollection of his slightly cold father, who didn’t like to display his affection in front of the children so that Strandness didn’t really see his father being romantic with his mother. He went on to say, â€Å"When I started dating girls, I really had trouble displaying affection with them.† With this shocking idea, he elaborated that he hadn’t had a role model showing him how to behave in a romantic relationship, so when the time came he wasn’t confi dent in how he ought to act. He concluded with his resolution â€Å"make sure to display affection in front of my kids, so they can know how.† This revelation really struck me, because I had been wondering previously how I ought to handle PDA in front of my own children one day. I had arrived at the conclusion that I would only show minimal affection to my significant other in their presence because I didn’t want them to be thinking about other people in a non-platonic way until they knew how to interact with others in completely platonic way. However it had not occurred to me, before Dr. Strandness brought it to my attention, that people also need a strong role model to show them the right way to behave when they are in a romantic relationship. Fatherhood means providing a strong male role model for one’s children, so that they learn how a man should behave and how one should be treated by men. Let’s look at an example of how the behavior of a father could have an effect on the future behavior of his son. In the Bible, David had a great many wives. He was never satisfied with what he had as soon as he saw a new pretty lady, he had to have her and waiting was not an option. He would stop at nothing to get what he wanted, which usually didn’t take much effort because of his kingly status, and he had little to no regard for anyone else’s feelings. When he wanted Bathsheba, he took her immediately (despite the fact that she was married). When he realized that people would find out, no problem! All he had to do was arrange the death of her husband. This type of behavior is predictably mirrored by David’s firstborn son, Amnon. Amnon desires to have his sister Tamar, and once he decides this, he allows nothing to stand in his way and schemes a way to get her alone so he can have sex with her her wishes are the least of his concern. He rapes her, and then abruptly casts her aside. Once he has shown his power over her and she is no longer something unattainable, she becomes despicable to him and he can’t bear to have her in his sight. He forces her to leave, once again having not a single care for her wishes. This is similar to the way that David abandons Michal without a thought after she helps him escape her father. He has plenty of opportunities to come see her, but he simply doesn’t care to. Like his son, he took her as a way of having power and not because he cared for her at all. He leaves her without a thought, but after Saul gives her to another man to marry, he demands her back. This once again proves that he is acting only to assert his male dominance.These are the values regularly expressed by David, and likely observed by his son who sees him as a mentor and role model. Amnon never sees his father behave out of consideration for others, only securing what he wants and making sure everyone sees how impressive and powerful he is. Thus, Amnon thinks that a man’s job is to be supremely dominant and have sex with whoever he wants. He does terrible things to his own sister, for which eventually his brother Absalom kills him as punishment. At first, the reader may ask, â€Å"If David is to blame for being a terrible father and role model to his son, then why is Absalom so noble to stand up for his sister and severely punish his brother for this heinous crime?† Well, one must first stop and read the text more closely. Amnon has committed a terrible deed to Absalom’s sister. Absalom likely thinks, â€Å"How dare he commit such a crime to my sister?† and also â€Å"How will this reflect on our family’s reputation?† and perhaps even â€Å"This man is a threat.† Reading the text this way, we see that rather than protecting Tamar for Tamar’s sake, Absalom is most likely acting on behalf of his manhood (to protect his women), his status (to protect his family’s name), and his power (to destroy all threats). And in fact, he responds the this necessity in the same way as David: kill the threat! Just as David has Joab put Uriah on the front line and ensure his death, Absalo m has his men kill Amnon in cold blood. Neither wants to do the dirty work, but each coldly decides that the rival must die. This strongly supports an assertion made by Kim Heidinger early on in the forum which I attended, that â€Å"fatherhood has an astounding impact on identity.† The reason why the behavior between David and his two sons is so shockingly similar is because, like Heidinger said, a father plays a profound role in the development of his children, lasting all the way up into adulthood. The forum â€Å"The Forgotten Art of Fatherhood† has given me a great deal to think about in terms of a man’s role in the family and in a relationship. I had been spending so much time thinking about my own potential role as a mother and how I might best fulfill it, that I never really stopped to think about the other half of the equation. The fact is, if I have children, I will likely have to share my jurisdiction with a male counterpart. Because of the clear and profound effect that my children’s father will have on the development of their identities, it is essential that I decide what that role is to entail and what criteria any potential mate will have to satisfy in order for me to accept him to fulfill it. Therefore, my final takeaway from this forum is that in a father for my children, it is critical that I look for a strong, wise, reliable, and loving role model; if he does not meet this criteria, I will decisively allow him to leave the picture rather th an force a bad parent to stay for the sake of avoiding the stigma of a â€Å"broken† family. If I have learned anything from this forum, from the main speakers and also from the eye-opening stories shared by students, it is that it would be better to have no father at all than to have one who might have a negative influence on the psychological development of the children. The best family is not a â€Å"whole† one, but one wherein every present member provides a loving, nurturing, supportive presence.

The Senior Citizen Nursing Home - 1493 Words

The Senior Citizen Nursing Home that I view is called â€Å"Liberty House Nursing Home.† The Nursing Home is located 620 Montgomery St, Jersey City. The Home have 5 floors, 180 beds and they have a median size area on each floor for the people that live there can hang out to watch TV and talk to each and play little games. They also have a roof display where the people can go to but they can only go there with their visitors or guest and only for a few hours. The home had a parking lot but it was only for employs and visitor had to park in the street. In front of the home there are pay mentor so visitor had to pay for two hour and then leave so they would not get a ticket on their car. After asking the one of the family member of one people†¦show more content†¦Figueroa children and her grandchildren and great grandchildren come to see her at least five time a week. She when started to live there she was lonely and felt weak at first because before the stroke she wa s independent and she always around her family. However, after being put into the home she felt lonely because her family was not with her and she felt weak because her need people to help. The staff there help her get up every day and they also help feed her when it is needed. In the home, she may feel lonely but she does have a boyfriend in the home. After hearing this I was so surprise because she is in the home for rehabilitation not for love. However, this tell me that anything can happen in a nursing home. Her boyfriend keep her company and so do her doll Louis. She named her doll after her son Louis who is also in another nursing home. Louis was in a nursing because he has HIV and need 24/4-hour care just like his mother. She wanted to stay close with her son who she could not see so she created a doll that look like him and she never separate from him. When the dolls go missing she starts screaming and crying for her doll and the nurse must look everywhere for the doll are she will not calm down. She had found a love connecting with a man in the nursing but connecting is much stronger when she thinks about the son that she isShow MoreRelatedNursing Homes And The Extended Health Care For Senior Citizens1783 Words   |  8 Pages America’s nursing homes and the extended health care for senior citizens is a multi-billion dollar a year industry. Nursing homes offer a variety of services and different needs living arrangements. Arrangements from assisted living to a full needs, skilled nursing person for 24 hour a day care. The need for more facilities has grown and the more alluring the industry becomes business enterprises have eagerly engaged to make a profit. 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1984 Doublethink Analysis - 1497 Words

1984 Connection: In 1984, George Orwell illustrates a dystopian society in which he emphasizes the influential contribution of language to the psychological manipulation the Party imposes. Specifically, through the concept of Doublethink, Orwell highlights the ironic names of the Partys ministries as means to euphemize what they actually are. From the very beginning of the novel, it is revealed how the Party characterizes the faà §ade that The Ministry of Truth, which concerned itself with news, entertainment, education, and the fine arts. The Ministry of Peace, which concerned itself with war. The Ministry of Love, which maintained law and order. And the Ministry of Plenty, which was responsible for economic affairs (Orwell 4). However,†¦show more content†¦Similar to doublethink, the YOUnited States founders established this system in order to strip away the freedom of the citizens to feel that they belong. Ultimately, despite the slogan of the YOUnited States to help its citizens discove r their true identity, the land displacement and labels evoke the sense of disorientation and indifference to an individuals character identity. How to Read Literature Like a Professor Connection: Chapter 19: Geography Matters... In his book, Foster is persistent in emphasizing that it is a readers task to always acknowledge the geographical setting as a significant feature in literary analysis. Keeping in mind that writers make a conscious decision to select a particular place or context, it is important for the reader to consider the implications made. Furthermore, Foster stresses that in literature, geography possesses the power to create particular environments that shape character and influence the plotline. Consequently, in the dystopian society YOUnited States, the geographical features and positioning play an influential role with the governments control for power. 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The government of Oceania, also called the Party, uses psychological operant conditioning to brainwash their citizens to keep control over them. The truth can only be proven by consensus of majority meaning if millions believe it , they too should believe it. The act of thinking freely is consideredRead MoreCensorship, By George Orwell881 Words   |  4 Pages Censorship In George Orwell’s novel, 1984, the theme, censorship, greatly influences the storyline. Within the society, Oceania, the government censors everything from the newspapers to an individual s thoughts. Although, Oceania does not have any specific laws the citizens know that challenging the party, even with facial expressions, could result in punishment or possibly death. The prime reasoning behind censorship is control. In order to gain the ultimate control the Inner Party utilizesRead More1984 Discussion1069 Words   |  5 Pages1984 Discussion Questions 1. The world within which Winston lives is replete with contradictions. For example a, major tenet of the Partys philosophy is that War is Peace. Similarly, the Ministry of Love serves as, what we would consider, a department of war. What role do these contradictions serve on a grand scale? Discuss other contradictions inherent in the Partys philosophy. What role does contradiction serve within the framework of Doublethink? How does Doublethink satisfy the needs of TheRead MoreCritics of Novel 1984 by George Orwell14914 Words   |  60 Pages1984 In George Orwells 1984, Winston Smith wrestles with oppression in Oceania, a place where the Party scrutinizes human actions with ever-watchful Big Brother. Defying a ban on individuality, Winston dares to express his thoughts in a diary and pursues a relationship with Julia. These criminal deeds bring Winston into the eye of the opposition, who then must reform the nonconformist. George Orwells 1984 introduced the watchwords for life without freedom: BIG BROTHER IS WATCHING YOU. WrittenRead More1984 Propaganda1571 Words   |  7 Pages1984: Propaganda and Persuasion A) The 5 examples of different techniques of propaganda and persuasion from 1984 are: * Glittering Generality- emotionally appealing words that are applied to a product or idea, but present no concrete argument or analysis. * Ad Hominem- Attacking ones opponent, as opposed to attacking their arguments * Milieu Control- An attempt to control the social environment and ideas through the use of social pressure. * Bandwagon- Appeals attempt to persuadeRead MoreWar Is Peace And The Purpose Of The Ministry Of Love Essay2619 Words   |  11 PagesIn 1984, the world in which Winston lives is filled with contradictions, due to the party’s embrace of the doublethink philosophy, thus the contradictions in Oceania are omnipresent like the party is. Some examples of these contradictions take the form of the slogan that War is Peace and the purpose of the Ministry of Love. Doublethink is essentially â€Å"an unending series of victories over your own memory,† a form of â€Å"‘reality control’† that allows the party to manipulate the outer party members. TheRead MoreThe Dystopia By George Orwell2154 Words   |  9 PagesThe dystopia depicted in 1984 is a direct result of author George Orwell’s exposure to the oppressive regimes of his day. At the time of Orwell’s composition of the novel, authoritarian governments of the 1940s posed a real and danger ous threat to the free citizens of Europe. Much of what he saw in the Nazi and communist regimes inspired the Party, the government of Oceania, in his text 1984. The text argues that the effectiveness of an authoritarian regime depends on its ability to dehumanize itsRead MoreNineteen Eighty Four By George Orwell Essay1601 Words   |  7 Pageshad been aware of Winston s crimes all along; in fact, O Brien was assigned to watch Winston for the past seven years. O Brien spends the next few months torturing Winston in order to change his way of thinking - to employ the concept of doublethink, the ability to simultaneously hold two opposing ideas in one s mind and believe in both: the concept is critical to life in Oceanic society. Winston believes that the human mind must be free, and to remain free, it must be allowed to hold objective

Problem in Consumer Contract Law

Question: Discuss about the Problem in Consumer Contract Law. Answer: Introduction: A contract is an agreement enforceable at law. A contract must include the following elements: offer, consideration, certainty, consideration, intention and capacity. The terms of a contract determine the rights and responsibilities of the contractual parties. These terms may be express terms or implied terms. An express contract refers to the terms that are articulated either in writing or verbally[1]. An implied contract is a contractual term that is not stated in writing. The contracting parties usually discuss express terms before concluding their contract. Express terms are simple when they are in writing[2]. The terms are less clear when they are expressed in the form of pre-contractual statement as it becomes very difficult to classify statements that are made before entering into a contract. The Australian courts while interpreting the express terns of the contract shall construe the ordinary and plain meaning of the terms[3]. These terms are terms that are implied into a contract irrespective of the fact that the contracting parties have not articulated these terms before concluding the contract. The implied terms may be implied by statute or at Common law[4]. Terms may be implied into a contract based on terms implied by fact and terms implied by law. The conditions pertinent in order to imply a term into a contract has been set out in BP Refinery (WesternPort) Pty Ltd v Hastings Shire Council [1977]. the term must be obvious to the extent that it goes without saying; the term must be reasonable and just; it must not be in contrary to any express term of the contract; it is capable of being clearly expressed; At common law, the terms are considered implied based on the actual intent of the parties, as such terms may be indispensable to make the contract effective. A term would be implied by fact if in the absence of the term the contract would be ineffective. In Shirlaw v Southern Foundaries [1926] ltd [1939] it was held that a term may be implied if it is so obvious that it goes without saying, then such term is not required to be expressly mentioned. Further, the term must be expressed clearly and there must be a reasonable certainty in its operation. Furthermore, the term must not be in contrary to the express terms of the contract and must not include any matter that has been dealt with by the contract itself[5]. The terms of a contract may be further classified as a warranty or a condition. It is pertinent for the parties to the contract to recognize carefully the terms that are conditions and those that are the warranties. In the event of a breach of contract, it is imperative to identify which terms have been infringed in order to determine the remedy against the same. A condition is defined as a significant contractual term which is essential to the central purpose of the contract, the breach of which may entitles the aggrieved party the right to repudiate the contract and claim for damages as stated in Poussard v Spiers [1876]. Warranties are contractual terms, which are collateral to the main purpose of the contract, the breach of which may entitle the party to claim damages, but it does not entitle the aggrieved party to repudiate the contract as held in Bettini v Gye [1876]. A warranty is the assurance provided by one party to another regarding the quality of services and goods[6]. Mo reover, a condition is directly related to an essential part of a contract whereas a warranty is not directly related to the essential part of a contract. In the given scenario, Mikaela called Ricky of Tower flour and inquired whether gluten-free almond flour was available with them as most of the clients of her cake shop requests for gluten-free cakes. Rick affirms her that it is available in Tower flour. Mikaela often buys ingredients from Tower flour for her cake shop. Therefore, she ordered 40 kilograms of almond flour and after a short conversation; Ricky sent her an online order after mentioning the type and the amount of almond flour in the form. Mikaela filled out the rest of the form and submitted it. However, there was nothing mentioned about the gluten-free almond flour in the form. Here, Mikaela had mentioned Ricky that most of her clients are ordering for gluten-free cakes therefore, she inquired whether Ricky has gluten-free almond flour and Ricky confirmed of its availability. When Mikaela ordered 40 kilograms of almond flour, it was implied by fact that she ordered gluten-free almond flour. The conditions that make a term implied by contract are reasonability, obviousness and the terms must be clearly expressed and must not be contrary to the express terms of the contract. In the case, after having a conversation about the availability of gluten free almond flour, Mikaela ordered for the same which is so obvious that it goes without saying that she ordered for Gluten-free almond flour. It was reasonable and the term was capable of being clearly expressed. Further, Dan and Jacob ordered Mikaela to bake their wedding cake using the almond flour but they did not specify that they wanted a gluten-free almond flavored cake. Mikaela uses the almond flour purchased from Rick and Dan suffering from coelic disease had a severe reaction to the cake, as the almond flour was not gluten-free. However, Dan and Jacob did not specifically mention about gluten-free almond flour for the wedding cake. It does not amount to an implied term, as a term would be implied by fact if in the absence of the term the contract would be ineffective. As stated in Shirlaw v Southern Foundaries it was held that a term is an implied term if it is so obvious that it goes without saying, then such term is not required to be expressly mentioned neither it was reasonable nor the term was capable of being clearly expressed. In the subsequent scenario, Mikaela put up a sign, which says We accept no responsibility for breach of any warranty in her cake shop in a conspicuous place where customers are served. Kimoko ordered a cake, discussed all the details regarding size of the cake, and mentioned that the icing on the cake must be in blue and purple. At the time of delivery, she finds out that the cake has green and blue icing, thus making it inappropriate for the function for which it was ordered. Now, as mentioned earlier that the terms of a contract is further classified as conditions and warranties. Condition is considered as a significant term of the contract, which is essential to the main purpose of the contract whereas warranty is the assurance regarding the standard of the quality of the services or goods, and is less significant to the central purpose of the contract[8]. In this scenario, the cake was ordered for celebrating a particular sports team because of which Kimoko ordered Makaela to do the icing with blue and purple color. Therefore, the icing color shall be treated as condition as it forms an essential part of the contract. Mikaela is responsible for the breach of the condition despite the sign put up by her in cake shop as the sign states that the shop is not responsible for breach of warranties and not condition. The icing color being an essential part of the cake is a condition and therefore, Mikaela has committed an infringement of condition of the contr act. In case of a contravention of a condition, the aggrieved party to the contract shall have a right to rebut the contract and claim compensation for the damages sustained due to the breach of the condition as stated in Poussard v Spiers case. In this case, Makaela shall be held legally responsible for contravening the condition of a contract and Kimoko shall be entitled to repudiate the contract and claim compensation for any damage sustained by her for such infringement. Conclusion Therefore, the fact that almond flour should be gluten-free shall be treated as an implied term by fact in respect of the contract entered between Mikaela and Flour Tower. However, regarding the contract entered into by Dan and Jacob with Mikaela, the fact that their wedding cake must be gluten-free does not form an implied term. Similarly, in the subsequent scenario, the icing color of the cake was a condition of the contract and Mikaela shall still be responsible for icing the cake with wrong color. Reference list BP Refinery (WesternPort) Pty Ltd v Hastings Shire Council [1977] HCA 40. Shirlaw v Southern Foundaries [1926] ltd [1939] 2 KB 206 Poussard v Spiers [1876] 1 QBD 410 Bettini v Gye [1876] QBD 183. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Bishop, Jonathan. "My Click is My Bond: The Role of Contracts, Social Proof."Gamification for Human Factors Integration: Social, Education, and Psychological Issues: Social, Education, and Psychological Issues(2014): 1. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Ayres, Ian, and Alan Schwartz. "The no-reading problem in consumer contract law."Stan. L. Rev.66 (2014): 545. K?szegi, Botond. "Behavioral contract theory."Journal of Economic Literature52.4 (2014): 1075-1118. Bakos, Yannis, Florencia Marotta-Wurgler, and David R. Trossen. "Does anyone read the fine print? Consumer attention to standard-form contracts."The Journal of Legal Studies43.1 (2014): 1-35. Butler, Desmond, et al. "Contract Law Case Book." (2013). Swain, Warren. "Contract Codification in Australia: Is It Necessary, Desirable and Possible."Sydney L. Rev.36 (2014): 131.

Australian visions Essays

Australian visions Essays Australian visions Essay Australian visions Essay Different Australian visions are frequently portrayed in assorted texts and gesture images. Australian movie Strictly Ballroom 1992 is a great illustration as the manager uses really extraordinary and theatrical manner of filmmaking to show a humourous narrative that reflects assorted ideals in Australian society with filming and movie techniques. The film non merely showcases the character of the underdog particularly through the character of Fran. but besides illustrates the construct of multiculturalism and the thought of accomplishing dreams on the land of Australia. which are all constructs that relates to different facet of Australian visions. On the other manus the verse form My country’ written by Dorothea McKellar. expresses other ideals of Australia that are more straight related with the land. Through the usage of poetic techniques such as metaphor the poet was able to picture both the natural danger and beauty of the state that are besides valued as of import porti on of Australian visions. One of the chief focal points of the film Strictly Ballroom is the feature of the underdog. a term that is closely associated with Australian values. The belief of giving everyone a just spell is to the full expressed through the narrative discharge of Fran. whom like the ugly duckling was transformed into something beautiful by the terminal of the film. This construct is expressed through the Baz Luhrmann’s portray of this character. The apposition between her first visual aspect and her public presentation at the terminal to the full showcases Fran’s function as the underdog. This is reinforced with her ruddy frock and the lighting used during the stoping of the film. Differs to other contestants’ apparels that looked superficial and extraordinary. the reliable coloring material of ruddy used for Fran made her stood out as a glamourous. confident and beautiful adult female. which is wholly different to her apparently unattractive first visual aspect from the start of the movie. This is further on supported by the lighting of the film. which non merely focuses on her and Scott’s dance. but besides stresses the affect of the ruddy costume. doing the frock about a dramatic symbol of her successful transmutation and accomplishment within this movie. On the other manus. the impact of her visual aspect besides to the full represents Australian’s idealization of the underdog. Another subject of Strictly Ballroom is the thought of multiculturalism as this film depicts the transformed modern society that accepts and embraces cultural differences. This is expressed through the usage of music in the movie. For most portion of the film the music used is traditional dance hall tonss or Australian authoritative vocals such as time after time’ . which makes the simple instrumental Spanish music played in Fran’s house stood out. This non merely illustrates the differences between Fran and Scott’s background but besides puts the audience i nto the character’s places to see another type of dancing and civilization that exists on the land of Australia. This construct is once more strengthened at the last scene of the film when all the audiences joined with Scott’s parents and danced together. The long shooting that presents the incorporate crowd combines with mid shootings that focus on specific people like Fran’s male parent who has different background reinforce the positive intension of multiculturalism. This besides presents Strictly Ballroom as a film that mirrored the value of modern-day Australian society. which is all about credence and embracing. The pursue for dream is a construct that is extremely valued in Australia and the film Strictly Ballroom relate this thought with the impression of get the better ofing fright and the challenge of authorization. The focal point on lines such as A life lived in fright is a life half lived shows the importance of this in relation to the character’s will of accomplishing their ends. However their desire is frequently dishearten by the dancing federation. The uninterrupted usage of low angle shootings and the deficiency of music playing when characters such as Barry Fife talked set up their province of power. which the chief characters have to suppress. This besides made the scene from terminal of the film extremely symbolic. With the success of Scott and Fran’s public presentation. there was a high angle shooting picturing a falling Fife who tumbled with the trophies on the tabular array that contrasted with the old usage of low angel shootings. This scene non merely served as a amusing alleviation for its audience but besides represents the ruin of the authorization. emphasizing the significance of this confrontation in footings of the Scott and Fran’s accomplish of their dream. In context of this movie. these thoughts reflect the possibility of making one’s end in Australia. Just like the character of the underdog this besides relate to the stereotyped impression that this land epitomize a sense of hope and cha nce. My state written by Dorothea Mackellar is a verse form that illustrates both the natural beauty and danger of Australia. picturing really different visions of the same state in comparing to Strictly Ballroom. The poet’s repeated use of assorted rocks to depict the nature scenery of this state non merely stresses the genuineness of those characteristics. but besides made the rocks a metaphor for the land’s perfection. This is seen through lines such as An opal-hearted country’ and Sapphire-misted mountain’ . which continuously reinforce the echt impression of beauty in Australia. On the other manus Mackellar besides uses personification to depict the danger of this land. Lines such as Her beauty and her terror’ and her pitiless blue sky’ strengthen the image of the threating nature environment. giving the readers a existent sense of fright and worship for the poet’s state. Even though this text shared limited similarity with Baz Luhrman n’s Strictly Ballroom. it still manages to show visions and word pictures of Australia that is extremely valued in this state.

Essential Element Facts in Chemistry

Essential Element Facts in Chemistry What Is an Element? A chemical element is  the simplest form of matter that cannot be broken down using any chemical means. Any substance made up of one type of atom is an example of that element. All atoms of an element contain the same number of protons. For example, helium is an element all helium atoms have 2 protons. Other examples of elements include hydrogen, oxygen, iron, and uranium. Here are some essential facts to know about elements: Essential Element Facts While every atom of an element has the same number of protons, the number of electrons and neutrons can vary. Changing the number of electrons forms ions, while changing the number of neutrons forms isotopes of an element.The same elements occur everywhere in the universe. Matter on Mars or in the Andromeda Galaxy consists of the same elements found on Earth.The elements were formed by nuclear reactions inside stars. Initially, scientists thought only 92 elements occurred in nature, but now we know many of the shorts of allotropes of carbon include diamond, graphite, buckminsterfullerene, and amorphous carbon. Although they all consists of carbon atoms, these allotropes have different properties from each other.Elements are listed in order of increasing atomic number (number of protons) on the periodic table. The periodic table arranged elements according to periodic properties or recurring trends in the characteristics of the elements. The only two liquid elements at room temperature and pressure are mercury and bromine.The periodic table lists 118 elements, but when this article was written (August 2015), the existence of only 114 of these elements had been verified. There are new elements yet to be discovered.Many elements occur naturally, but some are man-made or synthetic. The first man-made element was technetium.Over three-quarters of the known elements are metals. There are also a small number of nonmetals and elements with properties in between those of metals and nonmetals, known as metalloids or semimetals.The most common element in the universe is hydrogen. The second most abundant element is helium. Although helium is found throughout the universe, it is very rare on Earth because it does not form chemical compounds and its atoms are light enough to escape Earths gravity and bleed out into space. Your body contains more hydrogen atoms than atoms of any other element, but the most common element, by mass , is oxygen. Ancient man was exposed to several pure elements that occur in nature, including carbon, gold, and copper, but people did not recognize these substances as elements. The earliest elements were considered to be earth, air, fire, and water substances we now know consist of multiple elements.While some elements exist in pure form, most bond together with other elements to form compounds. In a chemical bond, atoms of one element share electrons with atoms of another element. If its a relatively equal sharing, the atoms have a covalent bond. If one atom basically donates electrons to an atom of another element, the atoms have an ionic bond. Organization of Elements in the Periodic Table The modern periodic table is similar to the periodic table developed by Mendeleev, but his table ordered elements by increasing atomic weight. The modern table lists the elements in order by increasing atomic number (not Mendeleevs fault, since he did not know about protons back then). Like Mendeleevs table, the modern table groups elements according to common properties. Element groups are the columns in the periodic table. They include alkali metals, alkaline earths, transition metals, basic metals, metalloids, halogens, and noble gases. The two rows of elements located below the main body of the periodic table are a special group of transition metals called the rare earth elements. The lanthanides are the elements in the top row of the rare earths. The actinides are elements in the bottom row.

Case brief 2 Research Proposal Example | Topics and Well Written Essays - 3000 words

Case brief 2 - Research Proposal Example Rogers, 131 S.Ct. 2507 Vote: 5-4 I. Facts of the Case A family court in South Carolina order that the appellant pay a weekly sum of $51-73 in child support. The appellant was held in contempt on five separate occasions. Upon release the family court submitted a show cause process since the appellant was in arrears. At the civil contempt hearing the appellant was not represented by legal counsel and was found to be in wilful contempt and received a 1 year custodial sentence although the court did not rule on the appellant’s means or capacity to make the child support payments. After completing the sentence the appellant filed a complaint which was rejected by South Carolina’s Supreme Court on the grounds that the matter was civil. II. The Law Article III of the US Constitution only permits the US Supreme Court to hear cases and controversies so that an issue deemed moot does not fall within the US Supreme Court’s Article III jurisdiction. The 14th Amendmentâ€℠¢s due process clause requires that no person shall be deprived of his or her liberty or property without due process. III. Legal Issues/Questions Is the appellant’s claim moot since he had already completed his sentence? Is the appellant entitled to legal counsel pursuant to the due process clause in a civil contempt hearing? IV. Holding/Decision and Action The decision of the lower court was reversed and remanded. V. Opinion The majority opinion was delivered by Breyer J. who ruled that the appellant’s claim was not moot since it could be repeated. Breyer J. also reasoned that the due process clause does not require the provision of legal counsel in civil contempt hearings for failure to pay child support if the state makes provisions for â€Å"alternative procedural safeguards. The safeguards would include notice that capacity to pay was a crucial issue; financial means and ability was elicited; the defendant has an opportunity to argue his financial means; and the court makes a ruling relative to the defendant’s ability to pay. Since the appellant was denied these alternative safeguards he was entitled to legal counsel pursuant to the due process clause. VI. Separate Opinion Justice Thomas filed a dissenting opinion in which he agreed with the lower court and found that the majority opinion was based on issues not raised by the appellant. VII. The Decision as Legal Precedent The decision is not a legal precedent it merely applied a ruling in a similar civil case to the facts of this case. VIII. Summary of Legal Principle A case is alive if it involves an issue that could be repeated for the claimant. Due process cannot be denied in a civil contempt hearing where the defendant faces incarceration. Failure to provide due process would impose upon the government a duty to provide legal counsel for the defendant. IX. Evaluation Due process inevitably means that a defendant in any proceedings, civil or criminal, confronting the deprivation of freedom or property is entitled to safeguards that protect his/her right to be heard and to defend a claim against him/her warranting such deprivation. X. Free Space Florence v. Board of Chosen Freeholders, 566 U.S. ___ (2012). Vote: 5-3 I. Facts of the Case The appellant was a passenger in a car driven by his wife who was pulled over for a traffic offence. A computer check erroneously revealed that the appellant had an outstanding warrant. The appellant was subsequently arrested, detained and strip searched, although he was subsequently released by the court. The appellant filed suit

Computer Information System Case Analysis Study

Computer Information System Analysis - Case Study Example Information systems can be implemented by an organizations technology team or the organization can decide to outsource these services from a software vendor entity which subsequently charges for licensed use of the software. The information systems are intended to improve on the internal processes of the system, regardless of who actually owns the system. For instance, a banks transaction processing system is expected to operate optimally and automatically at any given time to support the core operations of the banking system. The functional features of any transaction processing system ought to provide support the everyday needs of an organization in terms of manage and execution of transactions processed by both the working staff and clients. The organization first weighs the benefits and limitations of using an information system before installing one. In the case given of the USA Cycling Group, the management recognized the essential need for an inventory system to successfully manage its growing client base. It is important to note the problem faced by an organization that leads to the need to acquire the services of an information system to propel business operations. Initially the organization has to identify the vital components that make up the traditional system of operation then use a tech savvy group to map out the system layout of the proposed information system. Additionally, the management procedures are clearly set with the authorized hardware, software and networking channels that are to be later used in governing the individuals who use the system. Furthermore, the conduction of a systems requirements analysis is important to help the software vendors or project development team in identifying the end users expectation of the end product. The security of a system, especially a transaction processing system has to be top notch to prevent the authorized access to confidential information by

IPSec Tunnel and transport Modes Essay Example for Free

IPSec Tunnel and transport Modes Essay Computer networking security is one of the primary concerns of any network systems. In this case, protecting the data transferred between channels should be a primary concern for any entities that use networking. This article will discuss IPSec Tunnel and Transport Modes. IPsec is short for Internet Protocol Security. This is a special suite to secure the Internet protocol data transfers and communication by encrypting each packet of data stream. IPsec may also include protocols so that mutual authentication can be established between any agents during sessions of data transfers. One of the main reasons why IPsec is used is to protect the integrity of data that flows from one channel to another, say for example between a computer and a user or a computer to a server. What is IPSec transport mode? In this mode, only the payload or the data that the user transfers is encrypted for authentication (Technet Microsoft, 2005). The routing of data in this mode is intact so there is no modification possible. The transport schemes are always secured by a hash. Transport mode is commonly utilized for host-to-host transfers and communications. On the other hand, with the IPsec tunnel mode, the whole of the IP packet is encrypted and authenticated before communications happen (Technet Microsoft, 2005). It is encased into a newly generated IP packet with a new header. Usually, tunnel more is used to build a Virtual Private Network for such a network to network communications or host to network communications. The tunnel mode can be applied to any of the following: Windows Server 2003, Windows Server 2003 R2, Windows Server 2003 with SP1, Windows Server 2003 with SP2 (Technet Microsoft, 2005).

Free Essay - Roller Coaster of Emotions in Kate Chopins Story of an Hour :: Story Hour essays

A Roller Coaster of Emotions in A Story of An Hour      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the short story â€Å"A Story of An Hour† by Kate Chopin, the whole range of emotions are felt by the main charter Louise Mallard.   Upon learning of her husband's death she is immediately overcome by sadness.   However, once she is alone she allows herself to experience her feelings of joy at the prospect of being free from â€Å"repression."   She is no more able to staff off the feeling that was approaching her than trying to stop the waves from hitting the shore. Basically stated we are powerless over our feelings.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   First, one can state that no matter how hard we try we can not keep a feeling from coming over us.   Louises' feelings come from deep within her soul. Physical exhaustion followed her first storm of grief.   At first she did not know what was coming to her.   She could not even give it a name.   When she started to recognize it, she was trying to beat it back with sheer will power. Only to find that will power is no match for the total encompassing of feelings. Once she had abandoned herself the word â€Å"free† had escaped from her lips.   She did not deliberately want it but it had come anyway.   Unmistakably, a joy over took her.   Not that she would not be sad again, but for now she was like a bird let out of the cage.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mrs. Mallard was a good example of Shakespeare's line â€Å"To Thine own self be true."   She did not allow guilt to rear it's ugly head but instead just felt her feelings.   She allowed no one to witness her self assertion.   But, it was the strongest impulse of her being.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As she was projecting spring and summer days to come, a feeling that her life would be her own again gave her a contentment that she had not felt in a long time.   No one actually knew what Mrs. Mallard had experienced behind her closed door.   Although, the human heart was meant to deal with that much pain, joy and disappointment in one day never mind one hour.   To her sister (Josephine) it would appear that she died of joy when she saw her spouse was not dead.   The truth was buried with Louise.   Tragically, what seemed to be great

Case Study †Motivation Essay

Introduction In this brief introduction, advice for James on how to motivate his Year 5 teachers will be framed by explaining the nature of goal, the dimension of the goal and how it should be set. Secondly, suggestions of the selection of Year 5 teacher will be given. Furthermore, various ways of rewarding the goal achievement will be mentioned while evaluating the role of James during the academic year and the application of goal setting. In addition, unintended consequences of the goal setting methods will be discussed and follow by a conclusion. Nature of goal, Dimension of the goal and how it should be set Refers to Locke (1990 and 1996), goal is an object or aim for an action is the definition of goal and it is something consciously want. Goal can be explained by internal and external factors , goals are thoughts with desired end internally and object or conditions sought externally while a job to be completed is as known as task (Locke 1990 and 1996). In this case, the goal of James is to boost his school average result in NAPLAN test (i.e. the 5 reporting sector ) therefore it is above the national average while the task is to select an appropriate teacher that is able to improve the results of the 5 reporting factors. Dimension of goals can be divided content and intensity and they are not easily separated (Locke 1990). Goal content means the actual object sought and psychological goal that an individual have (Locke 1990 and 1996). Content differs in qualitatively and quantitatively and degree of specificity (Locke 1990). A positive relationship between goal difficulties and performance is founded, the harder the goal is, the better the achievement (Locke 1996). The second factor is intensity. Intensity refers to the depth of the goal, such as scope and integration of the goal setting process and the importance of the goal, etc (Locke1990). Goals can be set according to S.M.A.R.T. which means that goals must be specific, measurable, assignable, realistic and time-related (Rouillard 2003). A specific goal should be details enough to mention what is to be achieved and accomplished, too general statement is insufficient to motive workers (Rouillard 2003).A goal should be measurable which is quantifiable and provide a standard for comparison while indicate whether the goal is reached (Rouillard 2003). Thirdly, an attainable goal should be able to achievable while challenging, a goal with extreme low and  high expectation is insufficient to motivate (Rouillard 2003). Realistic goal means it is practical, possible and achievable (Rouillard 2003). Time-related means to frame the goal with a given period, an out-dated goal has no effect on motivat ion (Rouillard 2003). In this case, James can set a goal like ‘improve 75% of year 5 students results with a grade improvement in the factors of reading, writing, spelling, grammar and punctuation and numeracy within one semester (6 months)’. Access of candidates In this case, the aim is to improve the students’ results therefore teacher effectiveness is the main consideration. Teacher effectiveness is a measure of teacher’s ability to produce an academic growth in a given context and situation (Stronge and Hindman 2006 and Bailey 2006). Various sectors are needed for evaluation. (i) Knowledge/ Teaching certification Richard has the highest degree compare to others and Richard is passionate about upgrading himself to a higher level. Moreover, Richard is familiar with the updated education syllabus as he has completed his bachelor degree few years ago. No specific information about Janice’s educational background is mentioned; it is assumed she has the lowest degree among candidates. Although Janice had attended some teacher training, she is not familiar and active about the updated educational changes and practices which makes her less competitive. Ivar has deep knowledge about psychology and enjoy high degree of reputation and he is a high achieving student which shows Ivar has adequate intelligence level. Refers to Mandeville and Liu cited in Campbell et al (2012), students who are taught by higher levels of teacher certification have better thinking skills and performance than the lower level of knowledge. From the above evaluation, Richard and Ivar are more knowledgeable. (ii) Personal ity Richard is young, enthusiastic, active, ambitious and competitive; Janice is mature, sociable with good personal skills, passionate but less active than Richard and Ivar is logical and rational but not good at communication. Personality is not suggested as a standard for selection as there is no direct relationship between personality and achievement of pupils (Borich cited in Campbell et al 2012 ). More factors should be considered. (iii)  Experience Richard has few years of teaching year 2 and 3 but lack of experience on teaching year 5 and 6; Janice has the most experience among 3 of them and she has 5 years experience on Year 5. Comparing to others, Ivar has the least experience in teaching. Teaching experience is a valuable access however there is no direct relationship between experience and student achievement and teaching experience is only a predictor of student outcomes occasionally (Anderson and Doresett cited in Campbell et al 2012). More factors should be concern. (iv) Self –efficacy ‘A belief in one’s capabilities to organize and execute the course of action required to produce given attainment ‘is called self efficacy (Bandura cited in Campbell et al 2012). Richard and Ivar are very confident about teaching year 5 while Janice is less confident about her skills. It is suggested that students that taught by higher self –efficacy perform better on standardized test and teachers with low self-efficacy have lower expectation of students (Moore and Esselman cited in Campbell et al 2012) . To improve the grade of NAPLAN, advancement of languages and maths are necessary and a teacher with higher self-efficacy is critical as there is positive relationship between self efficacy and the performance of languages and maths of the students (Anderson et al cited in Campbell et al 2012). From the perspective of goal setting theory, an individual with high self efficacy is more willing to set and accept a harder goal while commit to the goals with eff ort (Locke 1996). Richard and Ivar are the better choice. After accessing the above criteria, Richard and Ivar are the better choice since both of them are highly educated and with high self efficacy but Richard is the best choice. Ivar is not specialist in education which shows concern of insufficient knowledge of educational practices while Richard has a better educational knowledge. Refers to Darling-Hammond cited in Campbell et al (2012) , the strongest forecaster of relative achievement compared to others is teacher’s certification therefore Richard will be a better choice based on the element of knowledge. Methods to reward goal achievement The goal cannot be reached by one party’s effort therefore Richard and students should be rewarded. Financial rewards and non-financial rewards are suggested and James should integrate them as a complete reward process in order to work more effectively (Armstrong and Murlis 2007). (i) Financial rewards Merit pay program can be used once Richard reaches the goal. Merit pay is a system that increases the base salary of the employee who achieves the objectives of the business (Snell and Bohlander 2012). James should raise Richard‘s salary with a range of 7 to 9% in order to be motivate (Snell and Bohlander 2012). Financial rewards have no significant in students’ achievement thus financial reward is more appropriate for teachers (Robin 2012). From individual aspect, the increased salary allows Richard to satisfy various needs, such as; help his school fee for his master degree. Richard is competitive, while the financial reward is a tangible form of achievement recognition that satisfies his needs of ego and self- actualization (Armstrong and Murlis 2007). For school, the financial rewards enhance motivation, Richard is more willing to stay in the school and this benefits the school from retaining talents to teach Year 5 students (Armstrong and Murlis 2007). (ii) Non fina ncial rewards Non financial rewards are more effective in motivating (Armstrong and Murlis 2007). James can reward Richard by providing recognition, such as verbally reward with positive feedback, promotion and training and development. James can reward the students by praising the classes and providing extra-circular activities for students to relax and learn. Richard has his own mind in career progression, rewards such as promotion, allows him to reach his individual goal (to have a better career).If Richard is rewarded with training, more knowledge will be received and allow him to have a well preparation for his master degree. Non financial rewards shows recognition which reinforce Richard’s self esteem and self actualization. For the school, non financial rewards bring lasting motivation which maintains Richard’s motivation to work in the school and dedicate more effort for his teaching of Year 5 students. (Armstrong and Murlis 2007) The rewards  motivate the Year 5 students t o study hard in order to get a better result in NAPLAN. James’s role According to managerial competency framework by Quinn, several roles from the framework are selected for James in the application of this case. James is a director, he has to develop a vision and set a clear goal and objectives for his teachers moreover he has to organize and design the whole plan to achieve the goal (Quinn et al 2003). Secondly, James is a mentor, he has to communicate effectively and share his knowledge of NAPLAN with Richard to develop his ability in teaching Year 5 students (Quinn et al 2003). James has to think creatively as he may have to draft new teaching strategies with Richard therefore he has to live and mange the change and his role in this process is innovator (Quinn et al 2003). James is also a co-coordinator, new ideas may suggested by Richard and James has to manage the projects and across the functions to ensure the Richard’s works can run smoothly (Quinn et al 2003).Finally, James is a monitor, performances of students should be reviewed regu larly to keep the process on track while teaching styles should be monitored, for example, James can be a guest teacher in Richard’s class to see how the class runs and provides feedback to Richard (Quinn et al 2003, Mitchell, Ortiz, and Mitchell 1987). Feedback drives performance and motivation therefore feedback should be given frequently, James is able to check the progress of the goal while Richard is able to improve his limitations or retain his advantages (Latham 2007). Unintended consequences  Harder goals drive performance therefore James may set a harder goal for Richard and his year 5 students to achieve (Latham 2007). A harder goal is associated higher risk which may lead to worse performance compare to lower goals, for instance, a harsher teaching style is adopted by Richard but students may face extra pressure and lost their motivation in learning (Latham 2007). Secondly, goal conflicts may happen, such as, the school’s goal is vary from Richard’s individual goal which reduce the motivation and worsen the performance (Latham 2007). In order to reach the goal, James has to co-ordinate with other teachers with the class arrangement, this may lead to disagreement about the decision and conflicts between colleagues may result. With the new class arrangement, other classes need to adopt a new  teacher or teaching style; it influences the academic results and motivation. Others teachers also need to cope with the new goal and assi st Richard and principal in some points yet they do not get any reward, it leads to the problem of unfairness and inequality. Conclusion To conclude, goal and task are strongly linked and dimension of goal is divided into content and intensity. A successful goal should be set according to S.M.A.R.T. After evaluation, Richard is chosen as the teacher. James could motive Richard and students by financial and non financial rewards. Within the process, James has multiple roles as mention before to ensure the goal is achieved. However, unexpected results may happen therefore James should consider more theories application solve the problem and achieve synergy. Reference list Armstrong, M. and Murlis, H. 2007, Reward Management: A Handbook of Remuneration Strategy and Practice, 5th ed., Kogan Page Publishers, U.K. Bailey, K. 2006, Language Teacher Supervision: A case Based Approach, Cambridge University Press, U.K. Campbell, J., Kyriakides, L., Nuijis, D. and Robinson, W. 2012, Assessing Teacher Effectiveness: Different Models, Routledge, Canada. Latham, G. 2007, Work Motivation. History.Theory.Research and Practice, Thousand Oaks, U.K. Locke, E. 1996, ‘Motivation through conscious goal setting’, Applied and Preventative Psychology, vol.5, pp. 117-124. Locke, E. and Latham, G. 1990, A theory of Goal setting and Task Performance, Prentice Hall, New Jersey. Mitchell, D., Ortiz, F. and Mitchell, T. 1987, Work Orientation and Job Performance: The Cultural Basis of Teaching Rewards and Incentives, Suny Press, U.S.A. Robin, G. 2012, Praise, Motivation, and the Child, Routledge, U.S.A. Rouillard,L. 2003, Goals and Goal Setting: Achieving Measured Ob jectives, 3rd ed., Cengage Learning, U.S.A. Snell, S. and Bohlander,G. 2012, Managing Human Resources, Cengage Learning, U.S.A. Stronge, J. and Hindman, J. 2006, The Teacher Quality Index: A Protocol for Teacher Selection, ASCD, U.S.A. Quinn, R.E., Faerman,S.R., Thompson,M.P. and McGrath,M. 2003, Becoming a master manager: A competency framework, 3rd ed., Wiley, New York.

Landscape Ecology and Geographic Analysis Program - Free Essay Example

Sample details Pages: 3 Words: 767 Downloads: 2 Date added: 2019/03/14 Category Ecology Essay Level High school Tags: Global Warming Essay Did you like this example? The last several decades humans have spent on Earth will leave a mark beyond artifacts and history. We will leave a measurable footprint that tells a story of not only the conditions we lived in, but also the carelessness of our actions. Eric Sanderson, an associate director in the Landscape Ecology and Geographic Analysis Program at the Wildlife Conservation Society Institute, defines the human footprint as a quantitative measure of humanity’s impact on earth (892). Don’t waste time! Our writers will create an original "Landscape Ecology and Geographic Analysis Program" essay for you Create order Our footprint will be one of trash, pollution, and spilled fossil fuels. Recently, this footprint has been increasing faster than we are able to reverse its effects. Toxins, gas emissions, and harmful wastes have been on the rise since the mid-1800s due to industrialization of countries and the ability to mass produce. Although the footprint is clearly more visible in larger developed areas such as China, America, and Europe, the effects are global. Sanderson and his team map this footprint by using, â€Å"four types of data as proxies for human influence: population density, land transformation, accessibility, and electrical power infrastructure† (892). Population density, in this case, is a measure of the human population per unit area. Areas with a high population density will typically contain more man-made structures, while areas with a low population density will have more open land with grazing animals. Land transformations, â€Å"the single greatest threat to biological diversity,† takes in to account the different land uses and the extent to which they modify ecosystem processes (Sanderson 893). Accessibility includes roads, major rivers, and coastlines which â€Å"provide humans opportunities for hunting, extraction of resources, waste disposal and pollution† (894). E ssentially, the more access humans have to an area, the more likely they are to transform it. Power infrastructure is the amount of fossil fuels needed to power everything (894). As each of these factors increase, there is an equal decrease in the amount of natural land left on Earth. This causes a disproportion in the amount of resources we have and the amount of resources we need. This disruption of equilibrium means millions of people will not have access to the basic necessities such as clean water and air. Currently, our biggest concern is the amount of gasses produced in the atmosphere by humans. They significantly warm up the planet. This is known as the greenhouse gas effect. The greenhouse gas effect is the exchange of incoming and outgoing radiation that warms the earth. Greenhouse gases include water vapor, carbon dioxide, nitrous oxide, and methane. Human activities warm the earth faster than the gas is able to leave which leads to an increase in temperature. According to Mikael Hook, a 2 ° C increase in temperature can be life threatening for species living in artic environments. This increase can not only cause ice caps to melt but also cause severe droughts in already dry regions. It’s predicted to cause water scarcity amount 1.8 billion more people by just 2025 alone (Hook 807). The effects of excess greenhouse gases in the environment are drastic. Conclusion Similarly, Mariarosaria Lombardi, a professor in the Department of Economics at the University of Foggia, blames large industrialized cities as the main reason for climate changes. Her research shows that large cities produce 80% of all gases on Earth, including those that are known to contribute to the greenhouse gas effect, such as carbon dioxide and methane gas (43). She claims that although urban areas only cover about 2% of the earth, over 50% percent of the world’s population lives in these areas and therefore have a higher level in the consumption of natural resources (45). The depletion of natural resources by large cities are causing a significant environmental impact. Lombardi argues that the over use of fossil fuels in these cities is the sole cause of global warming (85). She pushes for the monitoring of urban greenhouse gas emission trends for planning adaption strategies, in addition, to conducting studies focused on midsized cities that have the potential to bec ome urban cities (50). Earths 4.5 billion-year-old form has helped sustain life for around 14 million species through the course of its time. How much longer it’ll last is unknown to us, but it is a responsibility of ours to make sure it’s in good condition for the next wave of species. As residents of this planet we have an obligation to keep it safe, clean and healthy for as long as possible. The only footprint mankind should behind is one that consists of history, artifacts, and culture, not gas emissions and plastic bottles. Waste and pollution have slowly crept up on civilization and found a place to reside without humans even realizing the drastic effects it could have.