Wednesday, May 6, 2020

Challenging the Modernity of American Culture The Howl by...

In the poem Howl, Allen Ginsberg challenges the modernity of American culture, which enforces the â€Å"best minds† (1) to give up their freedom to conform to the desired sense of normality. Ginsberg states â€Å"I saw the best minds of my generation destroyed by madness, starving hysterical naked/ dragging themselves through the negro streets at dawn looking for an angry fix† (9). His expression of Moloch The angry fix is what all of these â€Å"best minds† look for after being stripped of their freedom to conform to the new American culture after World War II. The form of Ginsberg’s poem challenges the American culture by resistance from â€Å"best minds†. Howl is separated to three sections that include long lines, which look like paragraphs. Resisting†¦show more content†¦Ginsberg reflects on the satire of people worshipping American culture when it is actually the cause of their trouble. Which glorifies a civilization restricting you to normality, and destroying the best minds. These parts take the reader behind Ginsberg’s belief of the â€Å"best minds† American culture changes across the fundamental desires to destroy them. â€Å"Moloch! Solitude! Filth! Ugliness! Ashcans and unobtainable dollars! Children screaming under the stairways! Boys sobbing in armies! Old men weeping in the parks! Moloch! Moloch! Nightmare of Moloch! Moloch the loveless! Mental Moloch! Moloch the heavy judger of men!† (21) Ginsberg expresses what Moloch means to him. The â€Å"best minds† are exposed to the unpleasant feeling of being remote from society if they did not follow their callings. Those callings create solitude of man from one another and the world as a whole. Members of the American society sacrifice their time and emotions for an unobtainable wealth they can never receive. Ginsberg reflects on poverty of the time the â€Å"best minds† were living in which left the children homeless and on the streets. Ginsberg expresses American society taking the young people and making them go mad by stating that boys were in armies and old men in parks. Moloch creates the filth and ugliness the â€Å"best minds† are forced to live in if they do not conform to the ideals of the modern society they

Obtaining Evidence Abroad in Criminal Cases

Question: Discuss the sources of English and European law, their espective features and how they operate. Explain the role of judges, and the courts and the legal profession. Describe the relationship between the evolution of law and societys morals, values and attitudes. Answer: The world experiences various criminal cases from day to day basis and the authorities have to deal with them. It is the duty of the police to arrest the convicted criminals or respond to any arising issues happening from time to time. The individuals after being arrested are arraigned in court so as to be prosecuted for their mistakes. However, there are criminal individuals who end up not getting caught and continue terrorizing the people from time to time. The police need to use all the resources they have to maintain law and order. The civilians need to be protected and they should also alert the authorities on any issues that are happening. The help of the people helps the police to curb criminal activities yet to happen or that are scheduled to happen at a particular place or time. In addition to that, the judges play a significant role in ensuring that justice is attained to the persons who are the victims of the criminal activities. They ensure that all the people are treated fairly by coming with a fair judgment. The magistrate court in the city was hearing the criminal cases and had to follow up the proceedings. There were a number of cases that had to be heard that day and they were about the criminal issues that had been reported. The location of the court was well built and various developments had been done in the city. The government had also scheduled funds to upgrade the court and also its facilities. The court had been structured and various innovations done to make it more modern. There will be a potential impact on the cases being heard and it includes the judgment that will be said by the judge. The ruling of the judge will be final unless on other issues that the persons need to appeal if they are not satisfied. There are individuals who are not contented and always need another final ruling by the judges. The presiding judge is a highly qualified individual and has experience on various criminal cases. He graduated from law school and has spent his entire time dealing with vario us cases that area arraigned in court (Herring, 2014). On the other hand, the jury was also present at the court and is responsible in giving a verdict depending on the evidence presented. Moreover, there were other visitors present to hear the proceedings and many of them were the relatives of the individuals sued at the court. The people need to hear the ruling of their friends and relatives so as to know what next for them. The cases had been well arranged and the individuals had to appear as their names were called out. The substantial evidence regarding the cases must be presented for the judge to make a clear final ruling. However, without the evidences there would be no case and the court requires it for the hearing to be fair. After all the people had settled the hearing of the cases had to begin. First of all, the first case regarding robbery was called out and the defendants were brought in to answer the case. The individual was accused of robbing a bank and had been captured on the camera. The criminal was in the company of other persons but were not clearly captured on the camera unlike him. He was accused of stealing money in the bank and also shooting the civilians who were present in the bank at that time. It was the sentencing of the case and the judge had to give the final rule. The witnesses had been presented and were ready to state what they had seen that day. The defendant denied the accusations presented before him at the court and the judge has to call the witnesses. They stated what happened that day and also presented the video clips that some people had captured with their smartphones. It was clearly seen that the individual was present at the bank and he carried out the attack and robbed money. The judge was satisfied with the evidence presented. He was char ged with murder of three civilians who two of them died on the spot after being shot while the other died while undergoing medication. Moreover, he was sentenced with 30 years imprisonment. The criminal had no any legal representation and there was no any success of being bailed out. He was also former ex-military personnel and had illegal possession of the fire arms. However, he failed to mention his other accompanying individuals who helped during the attack (Herring, 2014). Secondly, the second case was called out and it was concerning a rape case of a twenty year old girl who was on her way home in the evening after school. The defendant was immediately presented at the court and the plaintiff also appeared to give the occurrences of the situation. The judge told the girl to describe what happened that day and also the location of the incidence. The girl described all what happened and also recognized the individual who had done the beastly act. The criminal was given the chance to speak but denied all the accusations presented. The judge requested the witnesses to be brought and testify regarding the case. They gave out the descriptions of the individual and later on identified him. Moreover, they said he had escaped after the girl screamed out for help and they came to rescue. In addition to that, he was also of other cases and he had gone into exile after learning that the authorities were looking for him. The final witness had a video clip of the g uy being chased away by the persons who had come to rescue the girl. It was substantial evidence and the judge was contented with it and he had to give his final ruling. The criminal was found guilty and he was sentenced to ten years imprisonment and a heavy fine was implied on him. The individual was known to operate an unknown business in the area and the people always suspected him to be a gangster. There was no any legal representation of the defendant and he was all by himself (Buhk, 2011). Lastly, the final case was regarding the murder of a federal officer who was on duty during the day. The officer encountered robbers who were escaping after robbing a certain jewelry shop in the city. He tried to stop them and as they exchanged fire, he got shot and died on the spot. The action was captured on the street cameras and had to be presented at the court. There was legal representation and the lawyer of the officer was there to handle the case. On the other hand, the police department had done their investigations and had identified the individuals on the clip recorded. The persons had been located and arrested for their mistakes and had to face the court of law. They were brought in and the lawyer representing the deceased officer had to ask them questions. The individuals denied the accusations and the evidence against them had to be presented. The video clip was played and it was clearly seen that it was them robbing the bank and later shooting at the officer as they es caped. Moreover, the owner of the shop was also present at the court and identified the persons. They had not won the masks at the time and the camera had captured the entire scene. The judge was contented with the substantial evidence presented. The criminals were charged with murder and robbery with violence. They were sentenced to life imprisonment without any cash bail. The criminals were also former military individuals who had resigned without any reason and had a poor profile during their military operations (Kadish Kadish, 2012). In conclusion, the court environment was not harsh and was favorable for the case hearings. On the other hand, the witnesses were also courageous enough to give an outline of the occurrences that happened on particular case. They had to testify what they had seen and none of them had some exaggerations regarding the events. They were not against any side and their utmost goal for them was justice to prevail. In addition to that, the defendants seemed worried at the court as they knew they were guilty of the accusations brought against them. Most of them had previous convictions and escaped free without facing the full force of the law. The lack of the witnesses in the previous cases made them to be released freely. Lastly, the proceedings had been carried out in the right manner and justice had been served. The ruling of the judge made the plaintiffs feel relieved and also the values of the society were maintained. The criminals faced the law and were prosecuted accordingly and as pe r the laws governing the country. It was a good example to any other individual who had intentions to commit such crimes. It was clearly seen that the court plays a significant role in solving the cases and ensuring that justice is served. References Abbell, M., Abbell, M. (2010).Obtaining evidence abroad in criminal cases 2010. Leiden, Martinus Nijhoff Publishers. Allerton, P. N. (2008).Fines and restitutions in federal criminal cases. New York, Nova Science Publishers. American Bar Association. (2009).Model jury instructions in criminal antitrust cases. Chicago, Ill, Section of Antitrust Law, ABA. Buhk, T. T. (2011).True crime Michigan : the state's most notorious criminal cases. Mechanicsburg, PA, Stackpole Books Cassese, A. (2010).International criminal law: cases and commentary. Oxford, Oxford University Press. Emsley, J. (2008).Molecules of murder. Cambridge, Royal Society of Chemistry. Herring, J. (2014).Criminal law: text, cases, and materials. Oxford, United Kingdom : Oxford University Press Kadish, S. H., Kadish, S. H. (2012).Criminal law and its processes: cases and materials. New York, Wolters Kluwer Law and Business/Aspen Publishers.

Wednesday, April 22, 2020

Contract law on either the promise principle or on the principle of economic efficiency Essay Example

Contract law on either the promise principle or on the principle of economic efficiency Paper In this essay, these two distinct theories will be examined respectively and illustration will be appearing in cases. Frieds explanation of contract law centers on the promise principle, which he sees as the moral basis of contract law. He suggests that all contracts are promises, which are morally enforceable according to the moral conception a promise must be kept. Therefore it is appropriate for the law to enforce them. Fried argues that by promising we transform a choice that was morally neutral into one that is morally compelled. 1 It is quite obvious that promises, from Frieds point of view, largely rest upon morality as its fundamental ground, which binds the promisor to his individual obligation of keeping his promise. This is a cultural based assumption that risks the danger of generalizing moralities. As the perception of standard of values varies through time beings and societies, it is almost impossible to generate an conception that will be well maintained and equally appreciated by all cultural and religions, especially those distinct from Western cultural basis. We will write a custom essay sample on Contract law on either the promise principle or on the principle of economic efficiency specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Contract law on either the promise principle or on the principle of economic efficiency specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Contract law on either the promise principle or on the principle of economic efficiency specifically for you FOR ONLY $16.38 $13.9/page Hire Writer After all, cultural is biased, and it should not be understood as a stable or steady ground to bring up enforceability on individuals as to fulfilling certain obligations. Frieds view also presupposes an intention to be bound on the part of the promisor, an individual is morally bound to keep his promises because he has intentionally invoked a convention whose function it is to give grounds-moral grounds-for another to expect the promised performance. He advocates the conception proposed by the will theory, which sees the contractual obligation as essentially self-imposed. It is suggested that this conception carry out an implication of liberal individualism, as individuals are at free choices when facing whether to bring up such obligation at the moment of promising. Notwithstanding the fact that promise principle was embraced as an expression of the principle of liberty,4 Frieds theory gives the implication that a moral obligation attaching to a promise becomes incurred rather than accepted by the promisor. 5 Hence the mere fact of giving a promise is to create a moral obligation to perform it, which is contradictory because now the individual liberty is somehow limited by choices. He also argues that a promise puts the moral charge on a potential act. A promise is a future action or performance invested in present tense. A promise binds into the future, well past the moment when the promise is made. 6 The moral obligation to keep the promise is a mean allowing persons to take responsibility for the good they choose, which demands high attention and respect. Furthermore, the freedom to bind oneself contractually to a future disposition is an important example of this freedom on disposition because in a promise one is taking responsibility not only for ones present self but for ones future self. Putting Frieds theory on testing. In Clifton v Palumbo 7, according to Frieds idea of contract, the court decision would have favored the defendant as the plaintiff had written in his very first note offering the defendant to sell his estate. His first note of writing promised the defendant this offer and so his promise should be kept, regardless of changing his mind later, as he may free to do so, but not free to break his promise8. Nevertheless, the court has hold for the plaintiff because his first note containing phrases and expressions of doubtful significance. Therefore, it did not constitute a contract in first place. In fact, the result of this case shows that Frieds definition is too wide since not all promises are contracts. 9 Frieds thesis is based on the value of individual liberty and responsibility. In contrast, Collins principle of economic efficiency puts emphasis on the balance between the respect for individual liberty and commmunitarian values on the law. Collins defines the purpose of the law of contract as chandelling and regulation of market transactions according to ideal of social justice. 0 He outlines the significant changes in modern law contract from the classical law of contract, which focuses on liberty, equality and reciprocity as ideals of the justice of exchange that make up the conception of the market order. Collins suggests these changes in modern law of contract concerns the legitimacy of the market order. Whereas the ideal of the justice of exchange perceived the virtue of the market order in its respect for the values of liberty, equality, and reciprocity. 11 Collins sees all exchange activities are market transactions, which may involve two or multiple parties. In order to assure that these transactions are operating under a fair sphere, market order should be carefully preserved so that individual liberty will not be interfered. Therefore, he points out the importance of communitarian values on the law. In his view, the states role is to maintain the prescription of fair market. 12 Two criticisms that are brought up to against the assumption of freedom of contract as suggested in classical contract law reinforce the impact of communitarian values on law. Firstly, the freedom of contract facilitates a subtle form of domination, no less effective for being the product of an agreement than if it were imposed directly by the state. 13 Large corporations are at advantage as they may routinely dominate their suppliers through contractual arrangement. Secondly, the fairness of distributive consequence in wealth is yet another result under the influences of freedom of contract because the state ignores the equivalence in value as to both parties. In order to serve in a place of a broad discretion to make enforceable contracts of ones choice, the modern law directly imposes patterns of responsibility and closely regulates the fairness of the distributive consequences of the operation of the market. 14 Collins concludes, modern law insists that the market order can be legitimate only when it achievers a proper balance between, on the one had, a respect for individual dignity and quality and, on the other, a fair distribution of wealth, the avoidance of unjustifiable domination, and a duty to respect the interests of others. 5 In addition, Collins agrees on that court often exercising a certain degree of discretion as case to case. Its the policy considerations that largely influence judges decisions, not the general rules. Furthermore, the policy factors that are taken into account in cases, often clearly signal the presence of the balancing process between respect for private autonomy and the communitarian value of concern for the interests of another runs through the modern law of contractual responsibility. In Holwell Securities Ltd v Hughes 16, the court favors Collins idea as they took relevant policy consideration into account. The plaintiff had posted a letter to excise his option to purchase. However the letter never reached the defendant, an acceptance was not communicated to the offeror. 17 In conclusion, both Fried and Collins theories have contributed greatly to the knowledge of contract law. The promise principle examines the contract through a moral perspective, whereas the principle of economic efficiency explains the law of contract in a social context.

Monday, March 16, 2020

Introduction to Managerial Accounting Essay Example

Introduction to Managerial Accounting Essay Example Introduction to Managerial Accounting Essay Introduction to Managerial Accounting Essay Introduction to Managerial Accounting For this case assignment I am to explain the responsibilities of the management accountant for security and financial integrity in an organization. I will also explain the relationship between management accountants and financial accounts and if I foresee an expanding role for management accounting in organizations. Management accountants work within a specific company. They perform many different tasks to ensure their company’s financial security by handling essentially all financial matters and therefore helping to drive the business’s overall management and strategy. A management accountant’s responsibilities can range widely. Level of experience, time of year, and type of industry, can find you doing anything from budgeting, handling taxes and managing assets to help determine compensation and benefits packages and aid in strategic planning. Management accountants, who are also called cost, managerial, industrial, corporate, or private accountants, record and analyze the financial information of the companies for which they work. Some of the management accountants’ responsibilities are budgeting, performance evaluation, cost management, and asset management. Management accountants can be a part of executive teams involved in strategic planning or the development of new products. Management accountants analyze and interpret the financial information that corporate executives need in order to make important business decisions. They also prepare financial reports for other groups, including stockholders, creditors, regulatory agencies, and tax authorities. Within accounting departments, management accountants can work in various areas, which can include financial analysis, planning and budgeting, and cost accounting. The relationship between management accountants and financial accountants is that their underlying objective is the same-to satisfy the information needs of the user, whether it’s for a specific company or for the public. It is very important to provide accurate financial information for the integrity of a company, no matter whom or which it is. Management accounting does rely on the information that is provided by financial accounting. Management accounting relies on information that is unbiased and that can be used as support material. Both fields require on accounting information that is not only accurate, but relevant and timely. Do I foresee an expanding role for management accounting in organizations? Definitely so! Management Accountants’ job responsibilities have very much changed over the past decade. Globalization, standardization, and more stringent financial reporting requirements has brought many challenges and changes to the way accounting has been done, regulations, and ethic. What was once known as financial record-keepers, management accountants today share the same responsibilities and skill sets with internal consultants and business analysts. Management accountants are less isolated, behaving more like financial managers by working on cross- functional teams and taking part in strategic decision. References bls. gov/oco/ocos001. htm, Office of Occupational Statistics and Employment Projection allbusinessschools. com/faqs/management-accounting. php, Â © 2002-2008 All Star Directories, Inc. All Rights Reserved.

Saturday, February 29, 2020

12 Summer Programs You Can Still Apply To

As second semester heats up, you’re probably focusing on studying for APs, prepping for standardized tests, and keeping up your grades. If there’s any time left over, you’re juggling extracurriculars and family commitments. It’s no wonder that you might have forgotten that summer is just around the corner. If you’re just realizing that it’s time to start thinking about summer programs and plans, you may be disappointed to realize that some deadlines have already come and gone. There’s no reason to despair, though. Plenty of high-quality, well-regarded summer programs are still accepting applications. Here, we’ll introduce 12 awesome summer opportunities with application deadlines in mid-February or later. Don’t miss the chance to polish your skills and experience all that these amazing summer programs have to offer. This summer program combines seminars and collaborative hands-on projects to develop the skills essential to pursuing majors in the STEM field. Students are selected based on their strong academic records, and students who are underrepresented minorities, from families of low socioeconomic status, potentially first in family to attend college, or enrolled at rural or inner-city schools with historically low rates of admittance to top-tier colleges are invited to apply. There is so charge for tuition, room, or board, but students are responsible for books, supplies, and transportation. Apply by March 1, 2018 to be considered. Hosted by Arizona State University in Phoenix, this program hosts student journalists from across the country for two weeks of reporting, social media, web production, shooting and editing video and photos, and producing and directing a student newscast. Many tuition, room, board, and material costs are covered by donors. Students are expected to provide their own transportation and the cost of incidentals. Applications are due by March 16, 2018. This selective summer program teaches future leaders how to integrate economics into decision-making in a hands-on, experiential environment. The goal of the program is to build effective leadership skills and the skills to employ economic analysis. Sophomores and juniors are invited to apply and applications are evaluated based on leadership potential, maturity, and the applicant’s visions for their future. College credit is available through a partnership with the University of Colorado. The program cost is $1700, though scholarships are available, and the standard application deadline is March 15, 2018. Â   These free, seven-week long computer science summer programs are hosted by top tech companies across the country, including Amazon and Twitter. The goal of the program is to teach coding to sophomore and junior high school girls while offering exposure to tech jobs across disciplines. Computer science projects may include art, storytelling, robotics, video games, websites, apps, and more. Applications are accepted through March 16, 2018. This six-week intensive college-level math experience is described as demanding and expanding. Participants spend most of each day exploring math in engaging and hands-on ways. Students spend their mornings and evenings in classes and and problem sessions, with afternoons free to rest, read, and explore. Program cost is around $5000, but financial aid is available and the program states that money issues will not prevent an accepted student from attending. Applications are rolling but students are encouraged to apply as early as possible. Our Early Advising Program helps students in 9th and 10th grade discover their passions and build strong academic and extracurricular profiles to succeed in high school. Hosted by the Kelley School of Business, this program is intended to introduce high school girls to the college experience and business career opportunities. Students in this program spend one week participating in workshops, interacting with business students and alums, preparing a real-world business case study, and networking with women in business. High school juniors with a GPA of at least 3.5 on a 4.0 scale are invited to apply. Program cost is free but participants must cover transportation and personal expenses.

Thursday, February 13, 2020

You choose A topic Essay Example | Topics and Well Written Essays - 1250 words

You choose A topic - Essay Example Brave Orchid studied in a medical school, and had spent nights in a room haunted by ghosts. She encountered actual ghosts there, and made a successful exorcism. Brave Orchid lived in the caves which served as shelter to the Chinese people in Japanese air raids. She calls Moon Orchid in the fourth chapter, her younger sister, and continuously badgers her to defy her husband who has abandoned her and had gone to America to a second wife. The final chapter discusses how Chinese women are quiet as compared to the American women. The chapter brings up Kingston’s childhood memories of her school. One of the main themes that â€Å"The Woman Warrior† presents is femininity. Kingston dreaming of being a warrior named Fa Mu Lan, motherhood and bravery of Brave Orchid, the role of Moon Orchid as a wife and sister, and Tsai Yen whose Chinese songs the grandma loved, all are a depiction of the femininity the Chinese women are believed to have. Kingston states, â€Å""Im not a bad girl," I would scream. â€Å"I’m not a bad girl. Im not a bad girl." I might as well have said, "Im not a girl"† (2.152). This statement shows how Kingston feels that her femininity is a shame for her when she observed the world treating her differently. Another theme presented in the novel is identity. Kingston has given the name ‘memoir’ to the collection of her stories, which means that all the stories are her personal experiences. She identifies herself as a Chinese woman who cannot understand the double standards women are subjected to in the Chinese culture and the identity of women in the American culture. â€Å"Chinese-Americans, when you try to understand what things in you are Chinese, how do you separate what is peculiar to childhood, to poverty, insanities, one family, your mother who marked your growing with stories, from what is Chinese?† (Kingston 1.12) shows how Kingston explores Chinese identity in America. Third main theme is communication. Kingston has tried to

Saturday, February 1, 2020

Brighter Cleaning Essay Example | Topics and Well Written Essays - 1000 words

Brighter Cleaning - Essay Example y dynamic, comprising of factors that keep changing, for instance, customers’ tastes and preferences are never static, they keep changing in the face of technological advancements. In the same way, it is important that marketing strategies also keep changing in order to remain relevant and effective in the changing business environment. The name of my company is a Brighter Cleaning Company, which is located in Fort Wayne, Indiana. The company has 100 employees and over 10 years experience. The number of employees and experience puts the Brighter Cleaning Company in a position to handle any size of customers. Brighter Cleaning Company main focus is supplying cleaning products to the businesses around. The company offers products to some parts of Ohio: Defiance, Bryan, Plymouth, Peru, Lima, Napoleon, Celina and Coldwater. Other areas that the company’s products have gained popularity are: Auburn, Anderson, Angola Bluffton and Fort Wayne just to name a few. The Brighter Cleaning Company offers janitorial equipment and cleaning solutions products for furniture and floors. The cleaning products and janitorial equipment help in keeping the work places clean and free from germs. The products can be categorized into three major areas: equipment, paper products and cleaning chemicals. The specific products include brooms, brushes, dustpans, chemicals, dust mops, dusters and cleaning pads. Additional products are floor and furniture care, janitorial carts, paper products, rags and wipes. The Brighter Cleaning Company also offers receptacles, personal care, trash bags, liners, recycling equipments and replacement parts. The company’s mission statement is stated as; to become the leading provider of reliable and efficient cleaning services that leaves the workplace and other environment sparkling clean, free from germs and disease causing micro-organisms, as well as other health hazards. In achieving this mission, the company has so far identified janitorial