Wednesday, September 2, 2020

Pride and Prejudice Jane Austen

Free Reading A Guide to Pride and Prejudice Jane Austen â€Å"Follies and gibberish, impulses and irregularities do redirect me, I own, and I chuckle at them at whatever point I can. † Special Considerations Copyright Holt, Rinehart and Winston. All rights held. The Novel at a Glance Pride and Prejudice (1813) is a parody of habits that investigates how contemplations of cash, family foundation, and individual vanity can muddle the course of genuine affection. Setting: Mostly in provincial Hertfordshire in England in the late eighteenth century.Protagonist: Elizabeth Bennet, the most keen and complex girl in a group of five unmarried isters who have no possibility of acquiring riches. Structure: The epic is partitioned into three each partitioned into many short sections. The plot includes sets of darlings who appear to be predetermined never to get together as a result of the resistance of ground-breaking blocking fgures and powers. The couples, be that as it may, subsequent to uniting the whole network, are joyfully hitched at long last. Clashes: The plot is impelled by the need of the female characters to discover reasonable husbands.The fundamental clashes are the snags or hinders that impede accomplishing these relationships. The hindrances are both outside (the need of magnificence, cash, sense, r social associations) and interior (a powerlessness to perceive the genuine character or sentiments of another). Goals: By gaining from her experience and sincerely assessing herself, Elizabeth increases a spouse who isn't just rich however commendable. She conquers her preference against Fitzwilliam Darcy, which depended on his appearance of pride, and he beats his bias against her family, which depended on pride in his own social status and great manners.Themes: Knowledge comes through caretul thinking and thought about understanding, unclouded by pride or partiality dependent on rank or negligible appearances. Of Special Note: By methods for comic incon gruity and ironical misrepresentation, Austen uncovered the social and good imprudences of her general public. The jargon of Pride and Prejudice should represent no serious issues to upper-grade-level understudies perusing at grade level, however all understudies, particularly those perusing beneath grade level, ought to be set up to experience a general public whose social and financial conditions are especially unique in relation to those of today.They can get familiar with a lot about Austen's reality from the novel itself, yet some comprehension of the British arrangement of acquired riches and the situation of sign inside that framework during the mid nineteenth century will help arrange them. Foundation Entailed Property. In the conventional British class framework, riches was passed on by means of the legacy of family property, a yearly pay forever, or both. Acquired riches gave definitely more status than cash earned by work. Family homes were generally acquired by the most seasoned child; and different children, and once in a while little girls, were given littler incomes.An involve is a limitation on the legacy of family property, and on account of the Bennets, the involve specified that Longbourn, the family home, be given to a male cousin. The Eighteenth-century Gentlewoman. The Bennet sisters were considered refined women on the grounds that their dad had acquired some riches and hence didn't need to work to procure cash. In view of the involve, in any case, they would not acquire any abundance of their own, dissimilar to Georgiana Darcy and Caroline Bingley, whose fathers' domains were enormous to the point that all the kids were assigned to inherit.Since it was not decent or for the most part even practical for noble women to work, the Bennet sisters had no choice however to discover spouses who could bolster them and keep up their situation in the class to which they were conceived. On the off chance that they didn't wed, hello would need to re ly upon the liberality of male family members. Jane Austen's own circumstance was ordinary of the time: she stayed with her dad until he kicked the bucket and afterward moved to her sibling's home. What was not run of the mill was that she composed books and was paid for her work. Pride and Prejudice 1 Mrs.Bennet, a negligible lady, set on making worthwhile counterparts for her five little girls yet deficient with regards to the capacity to Judge the value of their forthcoming admirers. She offers senseless remarks, otten at unseemly occasions. Mr. Bennet, an astute however normally standoffish man who looks on his better half and the conjugal issues of his girls with disconnected entertainment. Eminent for clever remarks. Jane Bennet, the oldest little girl (in her mid twenties), extremely delightful and good natured, consistently prepared to appreciate others and humbly of herself†the companion and foil of her sister Elizabeth.Elizabeth Bennet, from the outset excessively fa st and certain about her Judgments, she refines her insight into herself and her capacity to assess others. More straightforward and obstinate than her sister Jane. Mary, Catherine (Kitty), and Lydia Bennet, the three more youthful sisters, level characters who change little because of experience. Mary is a know-it-all with no genuine information. Lydia's cheerful moods are excessive by acceptable ense. Charles Bingley, a gorgeous, well off, and pleasant youngster, who goes gaga for Jane yet whose romance of Jane isn't empowered by his companion Darcy or his trendy sister Caroline, who wishes to wed Darcy.Functions as a foil for Darcy. Fitzwilliam Darcy, an attractive, stately man of honor, beneficiary to extraordinary property and riches. A saved man, tense with outsiders and aware of social status. He strikes the Bennets as cold and standoffish. Goes gaga for Elizabeth. Reverend William Collins, a priest and cousin of Mr. Bennet, who has charmed himself with the imposing Lady Cath erine de Bourgh and stands to acquire Longbourn. He is acknowledged by Elizabeth's plain, viable companion, Charlotte Lucas, after Elizabeth dismisses his propositions to be engaged.

Saturday, August 22, 2020

Reflective Essay on Module

With the assistance of the Gibbs model for reflection I have composed the beneath intelligent exposition. I have picked this model for reflection cause: Firstly it is easy to comprehend and furthermore it follows a precise and simple methodology. As I started with the module I was very glad that it has been remembered for the course, as it would assist me with conquering scholarly composing abilities challenges. Albeit, at first I felt that the module would just target giving scholarly help, however in the long run I understood that like its name recommends it additionally built up my characters as well.In this module, we were given to make a banner and a conventional report. Along these lines I felt the module assesses a person in various manners and on various angles. By making a banner the innovativeness of an individual can be assessed. Banner introductions are getting basic at work environments and the main task helped us have an encounter on the most proficient method to make o n. The subsequent task was a basic report dependent on a similar article we utilized for the banner. This task helped us improve our basic abilities and present it in a proper report structure.Since we needed to evaluate just one report it was very troublesome as there were nothing to contrast it with. We just had speculations as a base to assist us with composing the study. While doing research for the report, I ran over a learning styles model by Honey and Mumford. The model is given as beneath. Subside Honey and Alan Mumford (1992) associated each phase in this learning cycle with a favored learning style: Stage 1 Having an encounter †Activist Stage 2 Reflecting on the experience - Reflector Stage 3? Closing from the experience - Theorist Stage 4?Acting contrastingly thus/arranging the following stages Pragmatist As I read about what each part implied I could totally relate myself to the Activist piece of the model. I am commonly excited about things and like to be in power at whatever point in a gathering conversation. It gives me a feeling of fulfillment. Likewise when we were given conversations in the Tutorial to attempt I would will in general lead and seat the gathering. Something that isn't is that similarly as the model proposes even I will in general act and afterward consider the suggestions a short time later. This is one disposition of mine that I am attempting to hange and adjust to a reflector model where I think about the ramifications of my activities before following up on them. As it is broadly said â€Å"Think twice before you act†. I should teach this adage in my demonstrations of life. Numerous multiple times when I introspect on my learning heights I likewise feel that a piece of me is the Pragmatist student. As I referenced before I am consistently eager and quick to learn and encounter new things. I generally comprehend ideas quicker which I can identify with down to earth encounters before and apply to my activity in fut ure. Similarly as the hypothesis states even I will in general for the most part get fretful with extensive conversations and conversations.From a logical thinker point I need to wear to improve my out level particularly in protracted conversations as frequently in working environments long conversations are done. Actually when I took a gander at the scholar disposition I believed I was unable to fit there yet should attempt to receive a portion of its credits, for example, attempting to be a fussbudget. Applying this idea to my PRS module when I was given the banner to do, I didn't think a lot. I just looked into a couple of banners and got down to making my banner. It was later that I understood I ought to have first had conversations with my schoolmates on how they are moving toward the assignment.By then I had just acted like a dissident however the time had come to turn into a reflector and beat my rushed conduct. Henceforth, before I began investigating the article with my fri ends and at exactly that point got down to do some significant perusing. Returning to the principal task. I very delighted in making the banner substantially more than the report as the banner included utilizing imagination. While I was composing the report I felt very dull and exhausting as a configuration had formal methodology. This is the point at which I understood that I have to build my enthusiasm for formal writing.Reflecting the Gibbs way I have arrived at the Analysis stage. To this I reasoned that perhaps all the more perusing around the subject and perusing a couple of test reports would have most likely assisted with improving alongside more intrigue. For that I have figured I should design a base measure of perusing objective to be set. Also, attempt itemized conversations with my colleagues all the time separated from the one’s that occur in the instructional exercises. On a general note, during the module when the subject of report composing was being secured, I had questions yet felt they were too senseless to even consider asking the module tutor.Due to this I had various challenges while beginning the basic report. I have chosen not to fear from individuals making a decision about me and feel free to pose the inquiries to clear my questions. Truth be told I started following up on it and started addressing guides and companions. I understood I ought to have done this much previously. The Personal and Research abilities module has trained me about examining which gave me a feeling of fearlessness on something I wasn’t sure I could do. Or on the other hand rather realized how to do. Before I joined the master’s course I was very amicable with MS Office.But a portion of the instructional exercises and talks on IT aptitudes helped me improve my specialized abilities prezi, an exceptionally fascinating application was obscure to me. After the talk I downloaded it and began to see its highlights. I have consistently been keen on improving my specialized aptitudes in any structure. Since in today’s well informed professional workplace one is viewed as un-refreshed on the off chance that they don't presents abilities. Referencing was another idea to me. At first, I just couldn't get my head around it. One of the PRS address showed us how to utilize ref functions. Presently, I simply don't have to mess with diary articles referencing.Refworks had made it so natural. I have especially referenced about Prezi and refworks as these were two featuring factors that I found in the module, extremely accommodating in making my coursework sensible. As I went to the talks I felt that the PRS model has been arranged in a manner to assist understudies with doing their coursework and gain the scholarly and specialized abilities required to finish the MSC in Human Resource Management at Robert Gordon University. Before I came I had heard that RGU has an elite interest. I felt this module was planned, to ensure that understudies get together to it.The great piece of this modules experience is it does really assist you with gaining the Personal and Research abilities that it intends to. In any case, as I would see it the module was somewhat deficient in giving composing aptitudes, particularly for universal understudies who are doing this type of studies just because. Be that as it may, as I thought of it I felt it is the ace level and everything can't be benefited from a spoon to the understudies. To this idea I believed, I have to invest some more exertion from my side possibly through taking assistance of the investigation abilities help available.I have gone to a conviction now that at experts educators are to a greater extent an impetus then a fixing to our lords degree. On a finishing up note, the Personal Research aptitudes module as I would like to think is basic for each business related course. Possibly on the off chance that I had something like this while doing my degree it would ha ve been progressively useful at a master’s level. Be that as it may, regardless of whether at an ace or at a degree it is a basic model helping a person to create ass sorts of abilities required in today’s serious business condition. References: HONEY, P. furthermore, MUMFORD, A. , 1992. The manual of learning styles

Friday, August 21, 2020

10 Medicine Essay Topics Meet Great Ideas to Write an Essay about Nursing

10 Medicine Essay Topics Meet Great Ideas to Write an Essay about Nursing Nursing paper composing is a particular procedure that is generally given to an understudy to look at the abilities, to pass judgment on the circumstance, and issue a genuine belief dependent on existing proof and data premise that is in control of the researching individual. The entire training procedure of the nursing workforce contains various viewpoints, and the scientific classification of composed assignments contrasts incredibly beginning with summed up subjects where the fundamental objective is to portray the case at the starter levels and closure with some increasingly confounded undertakings, such as building up the consideration plans, answers for medical problems or even examinations on the adequacy of a portion of the gathering of cures. Realities for Making the Research Paper of a Decent Quality Nursing is an intriguing calling and there are a great deal of realities for considering and working in this field. Beneath, you will discover ten intriguing realities with respect to nursing that may doubtlessly stand out for you and make you need to compose and look into the clinical world. Nursing is among the most established authority professions. You will be astounded to hear, yet the main nursing school was sorted out in 250 BC in India. The main nursing understudies were for the most part guys because of strict issues, and just in the center of fifteenth century, ladies were instructed to become doctors’ aides. Nursing includes an assortment of sciences. Nursing isn't only a calling of dealing with individuals. It is a craftsmanship that joins similarly arithmetic, science, medication. That is the reason it will consistently be fascinating to direct research extends on different points. Also, nursing laborers will increase various information with down to earth application. You can select from 100 nursing professions. A nursing calling isn't only a work of an attendant as a great many people could have envisioned. There are possibilities for hospice work, proficient overseer, specialist aide, and numerous different callings †each with individual particulars. Such an assortment of occupations will most likely permit finding the circle of individual interests. Nursing is perceived as one of the most reliable callings. As indicated by well known social questions, the nursing callings are viewed as the most dependable and solid ones, together with the calling of instructors. Nursing laborers have a more significant level of compassion, and it has been demonstrated by a universal relationship of analysts. During work move, medical caretakers stroll around 5 miles day by day. The work of a clinical laborer requires a great deal of work. So as to give help to all patients under direction, it is important to stroll more than 5 miles during the move. That isa very stunning separation for such a kind of work. Nursing is among top most well known callings in the US. The USA includes 2.6 laborers in the field of nursing, and that is a significant extraordinary measure of individuals. Such ubiquity is caused because of regard towards the calling and its need in the general public. The fundamentals of nursing are general. The key is worldwide and all inclusive. That is the reason it is conceivable to get a new line of work of a medical attendant in any piece of the world. The medical aid help is frequently required so it is conceivable to turn into a voyaging attendant. Nursing personnel is prevailing among other clinical controls. Because of its accessibility, the nursing instruction is chosen by various understudies. It awards 100% of working spots and astounding practice. Medical caretakers work everywhere throughout the world. It is elusive a spot where a certified clinical specialist isn't required. There are various projects which require the administrations of a nursing specialist, and it is an extraordinary opportunity to pick up the astounding experience. The calling of a medical caretaker rises to specialists in certain perspectives. The propelled medical caretakers are fit to do very similar things that solitary ensured professionals used to do. They can give an intensive assessment of the patient and even issue the professionally prescribed medication. There is various comparative subtleties which demonstrate the development of the calling. The suggestions given above ought to be joined with the rules that are given in the college, and the positive outcome won't keep you pausing. The real factors introduced here can likewise be relevant not exclusively to composing nursing introduction points yet additionally to different resources and claims to fame as basic standards of scholastic composing are effectively material to different fields of science. References: Cottrell, S. 2003 Critical reasoning aptitudes: creating compelling examination and contention. Basingstoke: Palgrave Macmillan. https://elearn.uni-sofia.bg/pluginfile.php/76858/mod_resource/content/1/%5BStella_Cottrell%5D_Critical_Thinking_Skills_Develo(BookFi.org).pdf Greetham, B. Instructions to compose better articles, Basingstoke: Palgrave http://medicine.kaums.ac.ir/uploadedfiles/records/how_write_better_essays.pdf American Psychological Association. (2001). Production manual of the American mental affiliation (sixth ed.). Washington DC http://lumenjournals.com/wp-content/transfers/2017/08/APA6thEdition.pdf Janice M. Morse, PhD (Nurs), PhD (Anthro), FCAHS, FAAN. Dissecting and Conceptualizing the Theoretical Foundations of Nursing 2017. Springer Publishing Company. http://lghttp.48653.nexcesscdn.net/80223CF/springer-static/media/samplechapters/9780826161017/9780826161017_chapter.pdf Hesook Suzie Kim, PhD, RN. The Nature of Theoretical Thinking in Nursing. 2010 Springer Publishing Company http://media.axon.es/pdf/79516.pdf Dr. Donna Hallas and Dr. Harriet R. Feldman (2012). A Guide to Scholarly Writing in Nursing. Coordinating Advanced Writing Content into a Scholarly Inquiry in Nursing Course https://www.mnsu.edu/achievement/mentoring/nursing_writing.pdf

Friday, June 5, 2020

The Possibilities of Mental Illness in the Shining - Literature Essay Samples

Fictional characters are created to either reflect the authors’ personal experiences or address issues prevalent in or overlooked by society. Mental, physical, and emotional issues often plague characters created by Stephen King. Disturbing events often take place in his novels that contribute to supernatural and/or psychotic occurrences. Specifically, Jack Torrance in Stanley Kubricks film version of The Shining makes his descent into mental insanity because of such events. Jack’s diagnosis relies heavily on these occurrences and will ultimately determine if it is a mental disorder or pure evil. Background The Shining revolves around the life of Jack Torrance, a recovering alcoholic seeking to find solace to focus on his writing. In order to fulfill this desire, he accepts a job as a caretaker for the Overlook Hotel (Godfrey, 2015). The resort closes down for five months due to harsh winters, and Jack is responsible for living in the hotel during this time. He moves in with his wife, Wendy, and five-year old son, Danny. Throughout the course of the story, Jack discovers that he has an unexplainable connection with the hotel– almost as if he has visited the place before. He is also unaware that his son has supernatural powers and shares a psychological bond with the hotel’s cook, Dick Hallorann. Hallorann refers to this bond as ‘the shining.’ Jack eventually reaches his psychological breaking point and begins to converse with the ghosts of the Overlook Hotel (Godfrey, 2015). One of these ghosts, Delbert Grady, was the previous caretaker for the hotel and also descended into mental insanity. Grady also sought the tranquil environment the hotel offered, but he eventually snapped and proceeded to murder his wife and two daughters with an axe. Grady shot himself afterward, but his spirit, along with many others, still live in the hotel. Jack’s son frequently has premonitions about the events that will take place but does not see ‘people’ nearly as much as his father. The story reaches a climax when Grady convinces Jack that his family is conspiring against him. This ‘revelation’ prompts him to take up the axe and torment his family by chasing them throughout the hotel (Godfrey, 2015). Jack’s mannerisms may suggest he succumbed to pure evil; however, it can be argued that his murderous rampage was triggered by paranoid schizophrenia additionally triggering vivid hallucinations. The events in The Shining greatly differ in the novel and in the film. Interestingly, the film delves into Jack’s psyche more effectively than the novel. Freud’s essay, â€Å"The Uncanny,† contributed to the evolution of Jack’s character in the film (Christopher, 1984). King’s version of Jack was based more so on personal experiences he went through as a writer, whereas, Stanley Kubrick’s film focused on Jack’s mental [in]sanity. In his essay, Freud expounded on the perspective of an adult whose mental sanity may have surpassed his beliefs and manifests itself as a madman within (Christopher, 1984). Freud indicates there is an animistic universe in which â€Å"spirits, good and bad, inhabit all things and that thoughts and wishes are all-powerful over physical reality† (Christopher, 1984, p. 2). These events or feelings, deemed ‘uncanny,’ may have the power to manifest themselves and stimulate abnormal mental activi ty. The themes in Freud’s essay are relevant in Jack’s case and assert the concept of an â€Å"interchanging of the self† (Christopher, 1984, p. 3). Kubrick’s version of The Shining reveals the presence of an animistic world in the tensions between Jack, his wife, and his son. The entities Jack sees are natural to him but unnatural [uncanny] to everyone else (Christopher, 1984). The oedipal tensions Freud characterized in his works became the basis of Kubrick’s plot in The Shining (Christopher, 1984). Before Jack abstained from alcohol, he exhibited a severe act of rage when he dislocated Danny’s arm after he scattered his papers on the floor. As a result, Jack vowed to remain sober forever, but there is a permanent strain on his relationship with Wendy and Danny. All three members of the Torrance family become distant with one another and deal with their struggles separately. The Overlook Hotel becomes the threshold of Freud’s theory of an animistic world, and the oedipal tensions increase rapidly (Christopher, 1984). Another key element depicted in Kubrick’s version of The Shining is the Overlook Hotel’s historical garden maze. The maze is first mentioned in the beginning of the film when Jack and his wife are given a tour of the hotel grounds. Towards the middle of the film, the maze is mentioned once again when Wendy an d Danny decide to explore it. This part is crucial because it is when Jack’s mental instability becomes increasingly evident (Christopher, 1984). As Wendy and Danny explore the maze, Jack is in the hotel lobby looking at its model. At first, it merely seems as if he is staring blankly at the details of the maze; however, it becomes evident that two tiny figures–representing Danny and Wendy–are moving throughout. This not only represents the first of Jack’s many hallucinations, but also the very depths of the human mind (Christopher, 1984). Jack is slowly descending into mental madness and is experiencing â€Å"entrapment in his very own mind† (Christopher, 1984, p. 4). He tries to find solutions for all of the supernatural occurrences but reaches a dead end in the maze of his psyche. His only way out of this mental maze becomes the need to slaughter his family and join forces with his delusions. The final mention of the maze is at the very end when Jack freezes to death after attempting to murder Danny inside the maze. This is symbolic of the mind having the power to kill if mental issues are not treated properly. Diagnosis Isolation has the potential to become a trigger to some sort of mental illness. Creativity itself has even been linked to the development of schizophrenia and bipolar disorder (Walia, 2015). Jack was in a setting of severe isolation, apart from society completely, and also happened to be very creative. These two factors alone are not sufficient reasons to diagnose Jack with paranoid schizophrenia; his case must be reviewed much deeper. The Diagnostic and Statistical Manual of Mental Disorders-V requires delusions and hallucinations to be present in order to diagnose an individual with paranoid schizophrenia (Kreinin, Krishtul, Menuchin, 2015). Clinically, Jack fits these requirements, but a proper diagnosis requires more concrete evidence. His downward spiral begins when he starts to lose his creative potency as a writer. This prompts Jack to feel almost powerless to his writer’s block and eventually to his family. One of Jack’s earliest delusions is triggered by the f rustration with his wife for always doting on Danny. Jack begins to feel as if Danny has replaced him, and this transitions into the eventual belief that his family is conspiring against him. Delusions are the prelude to hallucinations and in cases of paranoid schizophrenia, believing is seeing. Additionally, recent epidemiological studies found that â€Å"changes in the incidence and expression of classic schizophrenia symptoms†¦an increase in paranoia or delusions†¦are in accord with social, cultural, geographic, and ethnic changes† (Kreinin et. al, 2015, p. 118). It can be argued that Jack experienced all of these changes, because he moved into a spacious hotel in a different setting and environment he never experienced before. He believed the seclusion would help with his writing, but it actually triggered an unforeseen mental illness. Paranoid schizophrenia is unique, because it tends to develop closer to the age of thirty. Other types of schizophrenia typically develop in adolescence or early adult years–another key element that proves Jack is most likely a paranoid schizophrenic (Kreinin et. al, 2015). The Diagnostic and Statistical Manual of Mental Disorders-V classifies paranoid schizophrenia as a subgroup of the schizophrenia disorders. Base d on empirical data, clinical observations, and neurobiological imaging studies, Kreinin et. al (2015)developed two additional subgroups under paranoid schizophrenia: those who mainly have hallucinations and those who mainly have delusions. Unfortunately for Jack, he equally experienced both hallucinations and delusions. His delusions do not exclusively fall under the second subgroup, because they were not present for short periods of time. Jack’s delusions were powerful to a point in which he truly believed he needed to kill his family before they abandoned or harmed him. Hallucinations came later, and he experienced them with all five senses. Silvano Arieti, a psychiatrist and the author of Interpretation of Schizophrenia, believed that patients hear voices partly because they expect to hear them (Piers, 2017). Arieti did not discredit auditory hallucinations in any way; rather, he believed if a person were struggling in a certain area of his/her life, they might be prone to hear voices either encouraging or discouraging them in this area (Piers, 2017). Piers acknowledges the relevance of Arieti’s findings to a certain extent; he believes the world of psychiatry should not completely dismiss a patient’s voices as â€Å"random or meaningless† (2017, p. 31). Psychiatrists Stephen M. Soreff and George N. McNeil mention Freud’s theory about wish fulfillment (Piers, 2017). Sometimes, wish fulfillment has the power to accentuate hallucinatory experiences. Hearing voices can also be attributed to religious affiliations in certain cases. The Diagnostic and Statistical Manual of Mental Disorders-V state s, â€Å"in some cultures, visual or auditory hallucinations with a religious content are a normal part of religious experience† (Piers, 2017, 31). A person’s religious or cultural influences have the potential to prompt auditory hallucinations as well. If someone experiences any or all of these hallucinations, he/she is not necessarily a paranoid schizophrenic. Going back to specifically Jack’s case, his hallucinations were not triggered by wish fulfillment or religious and cultural influences. His hallucinations started suddenly–without warning–and this is why his case is more serious. One of Jack’s first hallucinations was seeing a bartender named ‘Lloyd’ after saying â€Å"I’d give my soul for a drink† (Kubrick). Jack chose to abstain from alcohol after physically hurting Danny, but after he is accused of doing so again, he resorts to ‘drinking.’ Lloyd is only one of many hallucinations as Jack later enters a ballroom full of people with music blaring and an endless supply of alcohol. It is at this party that Jack meets Delbert Grady and he informs Jack about his son’s gift of ‘shining.’ Jack becomes increasingly paranoid after learning this information and becomes determined to exert complete control over his family. When Wendy expresses concern in regard to Danny’s health, Jack reverts the issue back to him by stating, â€Å"Have you ever had a single moment’s thought about my responsibilities? Have you ever thought, for a single solitary moment about my responsibilities to my emp loyers?† (Kubrick). Jack’s delusions persistently torment him and make him believe every decision his wife makes is against him. Before meeting Grady, Jack told Lloyd about his marital problems and the lack of intimacy with his wife. The injuries Jack was accused of inflicting upon Danny were discovered to have been from a woman in Room 237. Jack experiences yet another hallucination when he goes to the room and sees a naked woman in the bathtub. She emerges from the bathtub, and Jack proceeds to embrace and kiss her. The tiny remnants of Jack’s sanity become overpowered by his hallucinations and delusions. Treatment Plan Jack evidently has a different brain chemistry and displays abnormal symptoms supporting this.His genes may have contributed to the development of his mental disorder; however, there is no family history proving this is the main cause.This proves that Jack is most likely suffering from a chemical imbalance.An excessive amount of dopamine or glutamate may be causing his psychotic episodes.Jack’s history with alcoholism could have also increased his dopamine levels and made him more susceptible to developing schizophrenia.Many people indulge in drinking alcohol and only develop physiological problems.In Jack’s case, there is reason to believe his alcoholism correlates to his disorder.Even though it is a myth that alcohol always turns into sugar, it has the ability to rapidly absorb and move to all parts of the body through the bloodstream (â€Å"Blood Alcohol Levels†).Alcohol has the ability to either increase or decrease blood sugar levels; Jack’s dopamine levels are evidently imbalanced. He succumbed to the overly aggressive, addictive, and sexually obsessive effects that increased levels of dopamine induce.Jack would need to be prescribed an antipsychotic drug to treat his paranoid schizophrenia.He may be resistant to taking an antipsychotic drug because of the many stigmas surrounding mental illness.After gaining Jack’s trust and helping him realize he can learn to live normally with this disorder, he may be more receptive to taking an antipsychotic drug.Since taking multiple antipsychotic drugs can produce devastating results, Jack should be prescribed Aripiprazole (â€Å"Abilify†).This drug specifically restores balance to chemicals and neurotransmitters in the brain.Aripiprazole also decreases hallucinations and has the ability to improve concentration and positivity (â€Å"Abilify†).Quetiapine could also be an option in treating Jack’s disorder.Quetiapine produces similar effects as Aripiprazole and additionally improves one’s mood, sleep, appetite, and overall energy level (â€Å"Seroquel†). Treating a case as severe as Jack’s is very difficult and could potentially worsen his state of mind if proper methods are not utilized. Prior to his psychotic breakdown, Jack did not display symptoms suggesting he was mentally ill. He abused his son once in a drunken rage but made a conscious decision to quit drinking for his family. This outburst was frightening but certainly not a reason for his wife to believe he had an underlying mental illness. As Jack’s state worsened, he became overly controlling of his family and refused to let them leave the hotel. Rather than being in denial, Wendy should have left the hotel and sought medical help for Jack. This would allow him to be placed on the proper medications sooner rather than later. Because he posed a threat to the family, Wendy may have prevented his mental breakdown by seeking help immediately. She and Danny would undoubtedly need to receive counseling as well after such a traumatic experience. Jack and his family should receive counseling separately for an extended amount of time in order to overcome the fearful and/or negative feelings towards each other. After Jack has been actively taking his medication and going to therapy, the family could come together and attend counseling sessions. At this point, family therapy would help them reunite after gaining a general understanding about Jack’s breakdown. This will give Wendy and Danny insight into Jack’s cognitive process and what they can do to support him. Markus Gole (2015), a psychologist and philosopher, developed an ingenious treatment plan for individuals with paranoid schizophrenia. Paranoid schizophrenia is a very abstract illness that may be treated differently for each patient. Gole (2015) combines his psychological and philosophical expertise in order to develop alternative treatment plans. The individuals in his study have paranoid schizophrenia, and some also suffer from substance abuse; both apply to Jack. In Gole’s (2015) treatment plan, patients were required to participate in philosophical discussions and read excerpts from literature relevant to these discussions. This alternative treatment plan would be ideal for Jack. He accepted the position at the Overlook Hotel for the secluded environment that would encourage his writing. It quickly became evident that seclusion is actually a trigger for Jack, because it allows him to ruminate to a point of insanity. Rather than remaining in this psychologically damaging e nvironment, he would most likely thrive with this treatment plan. He would be surrounded by people who struggle with substance abuse and have paranoid schizophrenia. This would allow Jack to feel more comfortable and receptive to receiving treatment, because he would not feel alone. He is also a writer and would benefit from discussions that would promote his philosophical thinking. Those who suffer with paranoid schizophrenia are not completely mentally incoherent; they would benefit from gaining knowledge and stimulating their intellectual thought processes (Gole, 2015). This is essentially the purpose of this treatment plan. Jack would not need to feel as if he were alone or abnormal. Instead of being confined to a mental institution, apart from his family, he could learn to cope with his condition and still keep his hobbies. This approach is a combination of clinical psychology and clinical philosophy. The purpose of this treatment plan would be to encourage Jack’s readin g and writing interest, while simultaneously helping him understand his disorder and develop a positive self-image (Gole, 2015). The hallucinations Jack experienced prove his case is very serious: he did not merely hear voices a few times or experience a supernatural occurrence; he undoubtedly has paranoid schizophrenia. A trigger may be attributed to the sudden change of setting and the emotional strains between his family. Jack felt as if he were losing his family and his touch with writing; therefore, he felt as if he were losing everything. Assessing only Jack’s case, apart from his family’s conditions, can properly lead to a diagnoses of paranoid schizophrenia. Once he started experiencing hallucinations and delusions, they continued to persist. Jack’s experiences were not mild, and he allowed them to control his beliefs, personality, and views towards his family. Supernatural elements are evident in Jack’s case, but he did not succumb to evil. Jack Torrance developed paranoid schizophrenia, and if this treatment plan were implemented, he would live a relatively normal life. References Christopher, H. (1984). The uncanny and the fairytale in kubrick’s ‘the shining.’ Literature/Film Quarterly, (1), 5. Godfrey, N. (2015). Into the maze: Stanley Kubrick’s ‘The shining.’ Screen Education, (78), 124. Gole, M. (2015). Clinical philosophy in the treatment of paranoid schizophrenia and obsessive-compulsive disorder. Archives of Psychiatry and Psychotherapy, 17(4), 53-60. doi:10.12740/APP/60949 Kreinin, A., Krishtul, V., Zvi, K., Menuchin, M. (2015). Clinico-Epidemiological comparison of celusion-prominent and hallucination-prominent clinical subgroups of paranoid schizophrenia. Clinical Schizophrenia Related Psychoses, 9(3), 117-124. Kubrick, S. (1980). The Shining. England: Elstree Studios. Walia, A. (2015). Genetic link found between mental illness and creativity. Retrieved from http://www.collective-evolution.com/2015/06/14/genetic-link-found-between- mental-illness-creativity-here-are-the-details/. Piers, R. W. (2017). Hearing voices and psychiatry’s (real) medical model. Psychiatric Times, 34(9), 30-32). (2018, June 24). Blood Alcohol Levels. Retrieved from https://www.alcohol.org.nz/alcohol-its-effects. (2018, June 26). Abilify; Seroquel. Retrieved from https://www.webmd.com/drugs.

Sunday, May 17, 2020

Things Fall Apart by Chinua Achebe Essays - 2075 Words

Things Fall Apart by Chinua Achebe Things Fall Apart by Chinua Achebe is a story about personal beliefs and customs, and also a story about conflict. There is struggle between family, culture, and the religion of the Ibo, which is all brought on by a difference in personal beliefs and customs of the Igbo and the British. There are also strong opinions of the main character, Okonkwo. We are then introduced to the views of his village, Umuofia. We see how things fall apart when these beliefs and customs are confronted by those of the white missionaries. The authors full name is, Albert Chinualumogu Achebe also known as Chinua, he was born on November 16, 1930 in Ogidi, Nigeria. He is a product of both native and European†¦show more content†¦His goal chi in life was to obtain great wealth and to have many wives and children. The Ibo people considered these things signs of success. Yet, his greatest goal was his desire to become one of the powerful elders of the clan. It is Okonkwos inner anger and bitterness over his fathers failure that seemed to be the driving force behind everything he did in life. This was evident in the fact that he always felt as though he had to do what was manly and he hated weakness. Just as Okonkwo did not want to be like his father, Nwoye did not want to be like Okonkwo. Nwoye possessed traits that Okonkwo did not such as gentleness, forgiveness, and acceptance. Okonkwo saw these as signs of weakness. Okonkwo never showed any emotion openly, unless it be the emotion of anger. To show affecti on was a sign of weakness; the only thing worth demonstrating was strength (Achebe 28). Okonkwo considered Nwoye to be lazy and wanted him to be a success like himself. Okonkwo wanted his son to be a great farmer and a great man. . . . I will not have a son who cannot hold up his head in the gathering of the clan. I would sooner strangle him with my own hands (Achebe 33). This is an example of the difference in personal beliefs among family. The Igbo people had a very different religious lifestyle than what the British were used to here. Their culture was very different as well. They believed in polytheismShow MoreRelatedThings Fall Apart By Chinua Achebe1415 Words   |  6 Pagesbook Things Fall Apart by Chinua Achebe does just that. This book should be taught in schools because it shows the values and traditions of Achebe’s Igbo culture, persistently teaches life lessons throughout the book, and shows the darker reality of European colonialism in Africa. Chinua Achebe is known as one of the most influential and famous authors to ever write. Chinua Achebe originates from an Igbo background and he expresses that through his writings very well including Things Fall ApartRead MoreThings Fall Apart by Chinua Achebe1324 Words   |  6 Pages Chinua Achebe chose to write his novels in English to reveal a deep response of his people to colonisation and to make that response understood to people all over the world. Things Fall Apart was written in English to teach people worldwide of the struggles he faced and the people of Nigeria faced growing up. Many authors and critics have written about Achebe’s ‘Things fall apart’ adding their valued opinion on what he was trying to say and his decision to write in English. In the followingRead MoreThings Fall Apart By Chinua Achebe Essay1203 Words   |  5 Pages who took their land for monetary gain. This was a dark period of time for Africans that live there. The U.S. Civil War and The Great Depression both can be related, in this instance, to how down their people were because of what happened. Chinua Achebe said it best, â€Å"I would be quite satisfied if my novels...did no more than teach my readers of their past...was not a long night of savagery from which the first European acting on God’s behalf delivered them†(qtd. in â€Å"Morning Yet† 45). In theRead MoreThings Fall Apart By Chinua Achebe1452 Words   |  6 Pagesassume control over the Roman Empire. However, imperialism in Africa remained a recorded element from 1750 to 1945. This paper visits how control and changes were influences over the Africans during this time period as seen through Chinua Achebe’s novel Things Fall Apart. (UKEssays, 2015) Europe was experiencing a few financial and political changes that forced the major European forces to investigate abroad regions to add to their resources during the seventeenth century. In order for the EuropeanRead MoreThings Fall Apart By Chinua Achebe2361 Words   |  10 PagesThings Fall Apart Book Critique Things Fall Apart by Chinua Achebe is a historical fiction novel describing the life of Okonkwo in a Nigerian village succumbing to European ways, in order to portray Achebe’s view on imperialism. It was chosen for us to read by our teacher because it describes imperialism and its effects in an Ibo village of Nigeria. It also shows the treatment of natives by the Europeans and how the natives reacted. Things Fall Apart is useful to our course of studies because itRead MoreThings Fall Apart By Chinua Achebe1265 Words   |  6 PagesThings Fall Apart by Chinua Achebe is markedly relevant to our current course of studies in World History, as it tells a story based on European Imperialism in Africa. Coming off the heels of our Imperialism unit, this post-colonial novel provides very helpful context on different civilizations’ perspectives throughout the Age of Imperialism; aside from analyzing death tolls, descriptions of conflicts, and names of countries, it was previousl y hard to envision what life was actually like during thatRead MoreThings Fall Apart by Chinua Achebe 735 Words   |  3 PagesThings fall apart. Achebe. Ernest Gaines once said, â€Å"I write to try to find out who I am. One of my main themes is manliness. I think Im trying to figure out what manliness really is.† Indeed, every society or culture has its own understanding of an ideal man. Even though these characteristics are different in various parts of the world, the significance of masculinity can never be overestimated. â€Å"Things Fall Apart† by Chinua Achebe is considered as one of the best examples of a riseRead MoreThings Fall Apart by Chinua Achebe692 Words   |  3 Pagesthe way to go. Through commercial trading Islam spread into Igboland, and this led to more Igbo people leaving the Igbo way of life for another, whether it be Islam or Christianity which divide the country in two. In the novel Things Fall Apart written by Chinua Achebe British colonialism and the migration of Muslims to Nigeria led to the change in the faith, social and economic changes in the Igbo society. Traditional Igbo faith believes that there is only one creator or god known as ChinekeRead MoreThings Fall Apart By Chinua Achebe897 Words   |  4 PagesIn the novel, â€Å"Things Fall Apart† by Chinua Achebe the Igbo tradition revolves around structured gender role. Everything essential of Igbo life is based on their gender, which throughout the novel it shows the role of women and the position they hold, from their role in the family household, also planting women crops, to bearing children. Although the women were claimed to be weaker and seemed to be treated as objects, in the Igbo culture the women still provided qualities that make them worthyRead MoreThings Fall Apart By Chinua Achebe Essay1851 Words   |  8 Pageschoice and styles are critical not only to the reader’s understanding of the text but to his appreciation as well. How language is effectively manipulated in their writings enhances the reader’s valuing of the works. The selected novel Things Fall Apart by Chinua Achebe is a representation of Igbo culture and their language. It explores the life of an Igbo tribe at the time of when colonization hit Africa. It could be considered as a post-colonial text, as the protagonist of the story and the other

Wednesday, May 6, 2020

Risk Management Assessment Paper - 1066 Words

Risk Management Assessment Paper Ebonie Franks University of Phoenix Risk Management Assessment Paper The effort to decrease and evaluate risks to patients, staff, and organizational resources within a health care institution is defined as health care risk management. In order for facilities to minimize financial loss is to reduce accidents and injuries. All health care facilities and providers put risk management in to practice on a continuing basis. In 1985, the senior officers of the The Health and Human Services (DHHS) decided that there was a need to implement policies and procedures on risk management and risk assessment. There was a considerable amount of concern about how the advances in risk management and risk†¦show more content†¦Another risk is an organizational risk. This type of risk occurs when the management commitment, political expectations, or legislative requirements to complete the project are impacted because the project does not proceed. This type of risk looks very bad on the organizations and makes the stakeholders q uestion what type of organization they have invested in. Then you have technical risks. These risks are â€Å"associated with maintaining skilled staff, hardware and software dependencies, application software, other infrastructure needs, and security vulnerabilities and safeguards† (hhs.gov). This type of risk affects the organization is a major way. If not handled in a proper manner, the organization can be destroyed. The organization has to realize that the stakeholders are looking at this very closely. They want to know that the organization is serious about the staff and that they are skilled enough to handle what goes on in the organization. It is also important that no one is giving out improper information. In order to mitigate these risks, the organization needs to have proper education. How can a person with no education or experience solve any kind of risk problem? Of course to some people it is a natural instinct to know how to resolve issues but they still must h ave education to back up theirShow MoreRelatedManaging Information Security Risks: The Octave Approach1635 Words   |  6 PagesAlberts, C. Dorofee, A.(2003) Managing Information Security Risks: The OCTAVE Approach. New York: Addison Wesley. This work is a descriptive and yet process-oriented book on the concept of security risk assessment with a specific focus on new risk evaluation methodology, OCTAVE. The term OCTAVE is used to denote f Operationally Critical Threat, Asset, and Vulnerability Evaluation SM.It is important that organizations conduct a security risk evaluation in order for them to effectively evaluate theirRead MoreCis 502 Technical Paper Week 10 Assignment Risk Assessment897 Words   |  4 PagesCIS 502 Technical Paper Week 10 Assignment Risk Assessment http://homeworkfy.com/downloads/cis-502-technical-paper-week-10-assignment-risk-assessment/ To Get this Tutorial Copy Paste above URL Into Your Browser Hit Us Email for Any Inquiry at: Homeworkfy@gmail.com Visit our Site for More Tutorials: (http://homeworkfy.com/ ) CIS 502 Technical Paper – Week 10 Assignment Risk Assessment CIS 502 Week 10 Technical Paper Technical Paper: Risk Assessment Global Finance, Inc. Internet OC193Read MoreBenefits For Firms And Investors1463 Words   |  6 PagesArping/Sautner (2010): This research paper analyzes whether SOX enhanced corporate transparency.[20] Looking at foreign firms that are cross-listed in the US, the paper indicates that, relative to a control sample of comparable firms that are not subject to SOX, cross-listed firms became significantly more transparent following SOX. Corporate transparency is measured based on the dispersion and accuracy of analyst earnings forecasts. †¢ Iliev (2007): This research paper indicated that SOX 404 indeed ledRead MoreReview on the Impact of Management Integrity on Audit Planning and Evidence948 Words   |  4 PagesReview on the Impact of Management Integrity on Audit Planning and Evidence Objective This research is done to assess the correlation between management integrity and RMM, audit planning and misstatement detection, which leads to analysis of the impact of management integrity information on audit conduct. Motivation Some cases of failures such as Enron and Sarbanes-Oxley have led public in general requiring auditors to be more careful in conducting their audit tasks, especially in termsRead MoreBusiness Risk vs Audit Risk1109 Words   |  5 PagesBusiness Risk vs. Audit Risk By Gabriel Agboola The following article first appeared online in the IT Compliance Institute Ask The Auditor column. Used with Permission. What’s the difference between business risk and audit risk? Business risk relates mainly to an organization’s goals and objectives. It is essentially the potential cost incurred if the business does not achieve its strategic plans. The assessment and management of business risk has evolved into formalized enterprise risk managementRead MoreAn Empirical Analysis Of Supply Chain Risk Management1692 Words   |  7 Pagesin the paper titled â€Å"An empirical analysis of supply chain risk management in the German automotive industry† applied the practices of supply chain risk management by surveying sixty-seven manufacturing plants in German automotive industry. The need of real empirical research in supply chain risk management to help analyzing supply chain risk and test the previous research proposed instruments that can be applied for supply chain risk management was the motivation of this work. In this paper, the occurrenceRead MoreAnalyze The Concept Of Risk. Risk Is Not A Problem Risk1374 Words   |  6 PagesAnalyze the C oncept of Risk Risk is not a problem; risk is an issue that could possibly develop and affect the outcome of a project (Risk Management Plan, 1997). The cost of the project, quality, scope, and schedule could all be affected if a risk surfaces. This does not necessarily mean that the risk is negative; risks can create a positive opportunity (Project Management Institute, 2013). For example the vendor informs us that the specified wood flooring is no longer available; as a resultRead MoreRisk Assessment Of Information Systems Security Risks Essay1311 Words   |  6 Pagesright safeguards, evaluating risks against critical assets and to mitigate those threats and vulnerabilities. Management can ensure their company’s assets, such as data, remain intact by finding the latest technology and implementing the right policies. Risk management focuses on analyzing risk and mitigating actions to reduce that risk. Successful implementation of security safeguards depends on the knowledge and exp erience of information security staff. This paper addresses the methods and fundamentalsRead MoreThe Homeland Security And Risk Management Programs1213 Words   |  5 Pages Regarding the topic of risk management lays an intriguing question. This question is how to appropriately coordinate risk management programs while acknowledging elements of focus in regards to different assets and the manner in which these assets are used. The homeland security uses risk assessments on all areas, which this paper will be focusing on, to determine how to maintain the condition of an asset as well as assist it in maintaining its overall goal. This paper will discuss how the HomelandRead MoreThe Prospect And Challenges Of Cyber Security Insurance922 Words   |  4 Pagesprospect and challenges of cyber security insurance among It practitioners in the United Kingdom based on the literature that had been reviewed in the process of writing this paper. This chapter will draw upon results of earli er studies and reports to provide a theoretical framework to answer the research questions of the paper. 2.1. Cyber security and its importance to the modern lives In line with technological advances and the evolution of the internet, more and more transactions are conducted

Tuesday, May 5, 2020

Business Law Contract Law

Questions: 1. Differentiation between the different legal terms? 2. Clear understanding of contract law? 3. Clear understanding of the effects of duress and undue influence on contracts? 4. A natural formation of conclusions ? Answers: 1.Difference between undue influence and duress As per the Contract Act 1872, duress and undue influence are two separate legal terms that makes a contract voidable. Duxbury, (2009) stated that duress is the situation when one party has forced using threat of violence, the other party to enter into contract. In certain circumstances, the party may not willingly enter into a contract; however, if the other party creates wrongful pressure on the unwilling party, then the situation may be termed as duress. On the contrary, undue influence is the situation where one party takes advantage of the power and position and exerts influence over the other party to make decisions regarding the contract. In cases of legal applications of both the situations in respect to contracts, duress is taken similar to undue influence. However, for undue influence to occur there should be a relationship between the contracting parties. Duress on the other hand involves direct threat from the parties. Stone, (2009) stated that in cases of physical threats, situations of duress have been seen. A contract may be termed voidable on the grounds of duress if the following situations prevail namely: Physical threats concerning harm to the life or property of the party Threat of disgracing the party and the family members of the party Threat of inflicting criminal prosecution of some related person of the party. Threat of inflicting economic loss to the party and the family members Chen-Wishart, (2012) pointed that contrary to the above stated situations undue influence does not involve direct threats rather it involves creation of excessive mental pressure on the unwilling party, which would change the decision, and freedom of choice of the party. As per the norms of Contract act 1872, undue influence makes a contract voidable on the part of the party whose consent is obtained unwillingly. 2. Contracts and unconscionable contracts A contract is an agreement between two or more parties including an offer and acceptance by the parties with intention to create a legal obligation along with consideration. Section 2(302) of the contract act sets out the terms for unconscionable contract. These type of contracts are one sided and thus unfair to either of the parties making the contract unenforceable under law. MacMillan, (2010) stated that some of the major factors that are making a contract unenforceable are undue influence, duress, unequal bargaining power, unfair surprise and limited liability of the contracting parties. Butler, (2012) thus stated that the concepts of undue influence and duress are responsible for making a contract unenforceable. However apart from these factors, a normal contract also becomes void under the circumstances of false representation of information by either of the contracting parties (Stone and Stone, 2011). For instance in case of Schawel v Reade [1913] 2 IR 8, the claimant purchase d a horse for the purpose of making the horse a stud. The defendant that is the horse seller assured the claimant that the horse was sound no medical examination is required. However, the claimant later found the horse has a hereditary eye disease and was not able to use the horse for the purpose for which he had purchased it. Thus, the claimant was able to file suit against the defendant on the ground of false representation. Some other instance of breach of contract on the grounds of false reporesentation of information can also be seen in the case of Bannerman v White (1861) 10 CBNS 844. However, in case of Ecay v Godfrey [1947] 80 Lloyds Rep 286, the defendant sold a boat and suggested that claimant to supervise and check the boat for any faults. However, the claimant did not check and purchased the boat. Later the boat turned out to be defective. However, in this case the defendants suggestion of checking represented that there were no false representation on the part of the defendant and hence the defendant was cleared of all charges (Butler, 2009). 3. Relevant case laws and their application In the past legislation history, various cases have been produced making a contract voidable imposing the use of duress and undue influence at the time of making the contracts. In Latter v Bradell (1880) 50 L.J.C.P 166, the house cleaner was forced by the mistress to undergo medical examination against her will. However, when the house cleaner pleaded for justice on the grounds of duress, the court dismissed the plea stating that there was no infliction of any physical pressure or torture on the maid and hence it was not considered as duress. However, the same was considered as undue influence by the court as the decision of the maid was influenced by the mistress (Young, 2010). Thus, from the above case it is certain that both duress and undue influence cannot exist in case of making a contract unconscionable. Either of the two factors should be present to make the contract unenforceable. In certain cases although the claimants plead for duress, however the court finds there are no such situations of making the contract unenforceable. For instance, in case of Skeate v Beale (1840), the claimant had pleaded for duress on the ground of threat that had been made by the defendant regarding the property of the claimant. However, the court dismissed the situation because threat directed towards property was not considered under undue influence or duress (Neyers, Bronaugh and Pitel, 2009). As per the legislations of the Contract act 1872, an act of duress if proved by the party in the court of law, would give the party the opportunity to cancel the contract. Similarly, for the party to cancel the contract based on undue influence, the party must prove that situation of unreasonable the other party for potentially changing the decision of the party has exerted influence. Ayres and Ayres, (2012) stated that in case of making a difference between duress and undue influence, the party suffering the situations should show that physical threat has been inflicted and in case of undue influence, a relationship exists between the contracting parties that will show that the influence has been exerted. 4. Conclusion The overall analysis of the difference between the contractual terms like duress, undue influence and false representation of information show that, these are some of the independent situations under which the parties can plead for cancellation of contract. The difference between undue influence and duress is clear from the application of the same within the case laws. Thus, it may be relevantly concluded that both undue influence and duress can make contract unconscionable. However, the situations cannot exist together rather if the party is physically threatened then to situation is duress and if the party is influenced and pressurized by the other party then the situation is undue influence. References Ayres, I. and Ayres, I. (2012). Studies in contract law. New York: Foundation Press. Butler, D. (2009). Contract law. Chatswood, N.S.W.: LexisNexis Butterworths. Butler, D. (2012). Contract law. Chatswood, N.S.W.: LexisNexis Butterworths. Chen-Wishart, M. (2012). Contract law. Oxford: Oxford University Press. Duxbury, R. (2009). Contract law. London: Sweet Maxwell. MacMillan, C. (2010). Mistakes in contract law. Oxford: Hart Pub. Neyers, J., Bronaugh, R. and Pitel, S. (2009). Exploring contract law. Oxford: Hart Pub. Stone, R. (2009). Contract law. Abingdon, Oxon: Routledge-Cavendish. Stone, R. and Stone, R. (2011). Contract law. Abingdon, Oxon: Routledge. Young, M. (2010). Understanding contract law. Milton Park, Abingdon, Oxon: Routledge-Cavendish.

Sunday, April 19, 2020

Property Rights Essay Research Paper CONTENTSSUMMARYI Some free essay sample

Property Rights Essay, Research Paper CONTENTSSUMMARYI. Some Basicss A. Public Goals and Private Rights B. Who has power and why of the Property Rights Debate C. The Concern with Land D. Unresolved Threshold Issues II. Takings Law Overview A. History B. Supreme Court Takings Law Today C. Takings Law in the Lower Courts of Greatest Interest to the Federal Government III. Federal Programs That Raise Takings Issues IV. Federal Property Rights Legislation A. Before the Property Rights Movement B. Property Rights Movement Approaches C. Pros and Cons: Assessment Bills D. Pros and Cons: Compensation Bills V. Elaboration on Two Key Issues Underlying Property Rights Legislation A. Whether Amendments to the Federal Programs of Greatest Concern Might Be Sufficient B. Adequacy of the Constitutional Remedy VI. Conclusion SUMMARYThe belongings rights issue arises because social ends are sometimes pursued through authorities limitations on the usage of private belongings. At underside, it is the antique struggle between public ends and private rights. We will write a custom essay sample on Property Rights Essay Research Paper CONTENTSSUMMARYI Some or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The belongings rights issue has flared up because of ( 1 ) an addition in authorities limitations on private land usage in recent decennaries ; ( 2 ) increased Supreme Court protection of private belongings, and ( 3 ) the political entreaty of the belongings rights issue as an indirect agencies for easing regulative controls. Almost ever, it is land, instead than some other signifier of belongings, on which the argument centres. Two threshold issues meriting intervention in the argument are the definition of a belongings right, and how many such rights really are being affected by federal programs.The belongings rights issue should non be confused with the taking issue, which deals entirely with how the tribunals interpret the Takings Clause of the Fifth Amendment. The issues are linked, nevertheless, since a premiss of the belongings rights motion appears to be that pass oning proprietors to their constitutional redress is unjust.As it applies to existent belongings, Supreme Court r eturns jurisprudence requires plaintiff to first demo a knowable belongings involvement, and so to fulfill ripeness necessities. As to the taking inquiry itself, complainant must demo that the consequence of the authorities usage limitation on his belongings is terrible, as measured by individual application of the # 8220 ; Penn Central factors. # 8221 ; In a few fortunes, a per Se taking regulation applies, as when authorities effects a lasting physical business or complete riddance of economic usage ( without implicating the # 8220 ; nuisance freedom # 8221 ; ) . If a pickings is found, compensation must be paid.Recent returns cases against the United States root from a broad scope of federal plans, though Congress focuses chiefly on the environmental 1s. Federal environmental plans involved in a important sum of returns judicial proceeding in recent old ages include the wetlands plan, excavation limitations, tracks to trails, and # 8220 ; Superfund # 8221 ; killings. The En dangered Species Act has generated merely a smattering of instances, but one can non needfully deduce therefrom that the Act is holding small impact on private property.Most belongings rights statute law falls into either the assessment measure or compensation measure class. Assessment measures call on federal bureaus to measure the returns deductions of their proposed actions, while compensation measures set a statutory threshold for compensation independent of the Constitution. Intense policy statements swirl around each. Two issues worthy of particular attending are whether amendments to the federal plans of greatest belongings rights concern might rid of any demand for freestanding belongings rights statute law, and whether the constitutional compensation redress is adequate.We # 8217 ; ve ever had belongings rights. But now we have a belongings rights motion and a belongings rights issue. In merely a few old ages, the impression that authorities attempts to protect environment , public wellness and safety, natural resources, historic sites, and so on may endanger the rights of belongings proprietors has gone from occasional reference to omnipresent political presence. Approximately two twelve measures incorporating commissariats explicitly directed at protecting belongings rights were introduced in the 103rd Congress. ( 1 ) Most perceivers believe that the new political make-up of the 104th Congress and the being of a belongings rights proviso in the House Republican # 8220 ; Contract with America # 8221 ; signal even greater congressional attending to the issue.I. Some BasicsA. Public Goals and Private RightsThe belongings rights issue arises because social ends are sometimes pursued through authorities limitations on the usage of private belongings. Reduced to its necessities, the issue is but another facet of the many-sided tenseness in any society between public ends and private rights. The belongings rights contention is made peculiarly intractable by the fact that some of the public ends ( such as environmental unity ) and the private right ( in belongings ) are among our most cardinal and loosely supported.Assuming that Congress continues to encompass regulative agencies for accomplishing these ends, the belongings rights issue will stay with us. Stated in economic footings, as the issue frequently is, the inquiry is where the cost load of public plans should fall. If Congress does non step in and leaves belongings proprietors to their constitutional redress in the tribunals, some costs will necessarily fall on belongings proprietors. This is because landholder wins in constitutional # 8220 ; taking # 8217 ; cases are few. On the other manus, if Congress creates a generous compensation redress for landholders, the costs will fall more to a great extent on the taxpaying public, or instead bring forth a major push back in regulative plans impacting private land.Striking this balance between public and private costs is neces sarily bound up with political doctrine # 8212 ; with one # 8217 ; s position of the proper balance between the involvements and duties of society on the one manus, and those of the person on the other.B. Who has the power and why, of the Property Rights DebateCertainly a cardinal ground for the burgeoning belongings rights motion is that at all degrees of authorities, limitations on the usage of private land have become more common in recent decennaries. Such ordinance has long existed ; so, it was well-established in colonial times. ( 2 ) Yet today these controls # 8211 ; federal, province, and local # 8212 ; look to be more permeant, and are frequently accused of being obscure and randomly enforced. The filling in of certain wetlands, the serious alteration of endangered species habitat, the strip excavation of land, the usage of contaminated land # 8212 ; all of these activities have been subjected to federal limitation merely since the 1970s. Two high-profile incidents tha t catalyzed the belongings rights motion were the federal authorities # 8217 ; s acceptance in 1989 of an expansive definition of wetlands ( since abandoned ) and the appellation of the northern patched bird of Minerva as a threatened species in 1990, necessitating logging limitations on old-growth wood in the Pacific Northwest.A 2nd ground for the motion # 8217 ; s dominance, evidently an branch of the first, is the impetus of the U.S. Supreme Court in recent old ages toward expanded protections for belongings proprietors under the Takings Clause of the Fifth Amendment. ( 3 ) These determinations of the High Court have been subjected to intense media and scholarly examination. In a related vena, the motion has drawn inspiration from a outstanding libertarian reinterpretation of the Takings Clause by Professor Richard Epstein. ( 4 ) A 3rd factor is the political entreaty of the belongings rights issue as an indirect mechanism for conveying approximately legislative retrenchment of environmental and other federal plans. Some scholarly remark on President Reagan # 8217 ; s # 8220 ; federal returns # 8221 ; executive order of 19885 saw the order in this visible radiation, as aimed at regulative decreases every bit much as protecting belongings rights, ( 6 ) and its legislative opposite numbers today may function the same double map. Prior to the Republican electoral expanse in 1994, the perceptual experience was that a Democrat-controlled Congress would be improbable to significantly restrict regulative environmental plans. Hence, measures aimed nominally at protection of belongings rights, but probably every bit good to convey about an moderation of environmental ordinance, became appealing vehicles to some Members.By and big, protagonists of the belongings rights agenda come from three identifiable groups. ( 7 ) The first consists of landholders # 8212 ; sometimes of modest agencies, sometimes non # 8212 ; who have personally experienced governmental def eat of proposed land uses, or fright they someday might. In add-on, this group includes those who do non wish their lands condemned for inclusion in national Parkss, wild and scenic rivers, etc. # 8212 ; the confidence of compensation through the disapprobation continuing notwithstanding. Descriptions of brushs between single landholders and the authorities provide the belongings rights motion with its most emotionally appealing, though frequently most anecdotal, instances in point.The 2nd group embraces industries with direct economic involvements in cut downing authorities ordinance of land # 8212 ; both their ain and federally owned. Most evidently, it includes existent estate developers, husbandmans, ranchers, and the extractive industries ( excavation, lumber, oil and gas ) . ( 8 ) The 3rd group consists of those who come to the belongings rights issue as a affair of political doctrine # 8212 ; conservativists, libertarians, certain economic experts, and others who adopt a p latform of minimum authorities presence and/or market ( instead than regulative ) solutions.Opposed to belongings rights statute law are a broad array of groups that stress the social benefits deducing from authorities # 8217 ; s ability to modulate private belongings usage, and see such statute law as impeding that ability. While conservationists are doubtless cardinal participants, there are many others. Besides included are certain groups stand foring huntsmans and fishermen, historic preservationists, labour, the disableds, senior citizens, consumers, designers and contrivers, and scientists. Some civil rights and public wellness organisations have voiced resistance as good, as have some spiritual groups. Finally, several groups stand foring province and local authoritiess have urged Congress non to ordain belongings rights statute law. ( 9 ) C. The Concern with LandTypically, when belongings rights advocates plead their instance, the focal point is on direct authorities interv ention with the usage of in private owned land # 8211 ; secondarily, possibly, H2O rights. Merely seldom is it suggested that the countless actions taken by authorities that indirectly affect belongings value # 8212 ; revenue enhancements, involvement rates alterations, trade policy, resettlement of authorities employees, allowing of locally unsought installations, main road building, etc. # 8212 ; should calculate in the argument. Neither is it frequently claimed that belongings other than land and H2O rights should be of major concern.Why this focal point on land, instead than personal belongings, is itself a absorbing inquiry. No 1 appears to recommend that when the Federal Reserve Board hikes the federal financess rate and stock monetary values tumble, the authorities should counterbalance for the decline of stock value. To what extent are the sensible outlooks of a stock proprietor, in footings of future value fluctuations, different than those of a landholder? Is it that th e stock proprietor may be assumed to cognize that the hazard of significant losingss is portion of the game, while such hazard traditionally has non been a concern of the landholder? Or should the landholder, excessively, be held to anticipate broad fluctuations, given the ubiquitousness of authorities land-use ordinance today? ( 10 ) A major factor explicating the land accent in the belongings rights argument is the alone position of land among species of belongings. Questions of land usage # 8220 ; are inexorably tied up with issues about the nature of society, issues of freedom and duty, community and democracy. # 8221 ; ( 11 ) A cardinal attractive force of the New World to Europeans prior to the Twentieth Century was land, frequently granted by the Crown or colonial and federal authoritiess on generous footings. ( 12 ) Indications are that the Framers, most of them major landholders, viewed private belongings as procuring a domain of personal autonomy against arbitrary author ities. ( 13 ) More late, the Supreme Court indicated it would be less regardful to authorities ordinance of existent belongings, as contrasted with personal belongings, in judging returns challenges. ( 14 ) In any event, there are two chief ways that authorities plans in the United States straight affect private land usage. First, authorities may physically occupy private land, by its ain agents or by external forces set in gesture by authorities actions. The authoritative illustration, richly reflected in the early Supreme Court takings instances, is when authorities dikes, levees, etc. , cause implosion therapy of private land lying outside the flowage easement condemned. A modern-day illustration is the Superfund killing, in which a private landholder may be required to let installing of monitoring equipment for an indefinite period.It is non physical invasions, nevertheless, but instead usage limitations, that are the brassy point in the belongings rights contention. The targeti ng of usage limitations may be because lasting physical invasions, no affair how minor, are per se paying under constitutional returns jurisprudence. Hence, invasive authorities actions are normally accompanied by formal disapprobation proceedings in which the landholder is compensated. By contrast, for a mere usage limitation to trip constitutional compensation the bead in land value must be terrible. The contention of the belongings rights motion is that authorities has become indurate to such non-physical, regulative impacts on landholders because it knows that few will run into the constitutional threshold for compensation. Environmentalists and others dispute the charge, nevertheless, and argue that coercing authorities to pay for less-than-severe limitations on land usage would be prohibitively expensive, compromising the accomplishment of societal ends that polls indicate are widely endorsed by the American public.D. Unresolved Threshold IssuesThe belongings rights argument t ends to entangle down in portion because no 1 knows exactly how much adverse ( or good ) impact on private landholders federal plans are holding. Property rights groups tell of little landholders being robbed of any economic usage of their belongings, and developers being needlessly delayed, by arbitrary federal administrative officials ; environmental groups assert that such cases are comparatively few and that in any event there is no right to set one # 8217 ; s land to harmful usage. The Corps of Engineers notes that out of 15,000 single wetlands licenses applied for each twelvemonth, merely 500 are denied, but oppositions allege that many wetland proprietors withdraw their applications out of defeat with the procedure, or because they believe the license will be denied. No elaborate study O f the private belongings impacts of any federal plan appears to be, and given the complexness of the issue, there may neer be one. Yet another basic issue # 8212 ; what is a belongings right? # 8212 ; is frequently left wholly unmentioned in the belongings rights argument. Almost no 1 asserts that belongings rights are absolute and unqualified, such that the purchase of land confers upon its proprietor a right to compensation for any later adopted usage limitation. Most belongings rights advocators acknowledge that the right to utilize one # 8217 ; s land is limited by the ancient common jurisprudence axiom # 8220 ; Sic utere excessively at alienum non laedas # 8221 ; # 8212 ; one should utilize his ain belongings so as non to wound others. But the scope of hurts conceded to condition belongings rights under this axiom is narrow # 8211 ; frequently, merely direct, physical impacts on the belongings of one # 8217 ; s neighbours such as would represent common jurisprudence nuisance. ( 15 ) By contrast, those more kindly disposed to authorities plans that may curtail belongings usage point out that belongin gs rights historically have evolved. Such development, it is contended, has been driven by new social apprehensions and values, even when to the disadvantage of bing proprietors. ( 16 ) The evolving-rights position is embodied in the Supreme Court # 8217 ; s Lucas determination, which teaches that no taking occurs when a authorities limitation could hold been imposed under nuisance or belongings jurisprudence bing when the complainant # 8217 ; s land was acquired. ( 17 ) Under this regulation, a alteration in the jurisprudence means that a subsequent purchaser of an affected package obtains a different package of belongings rights than his predecessor had. 18 Regulatory advocators besides cite the proverb about the landholder # 8217 ; s rights being limited when injuries may ensue, but for them the scope of conditioning injuries is broader than for belongings rights advocators, encompassing non merely direct injuries to one # 8217 ; s neighbours but besides indirect impacts on e ndangered species, ecosystem services, and biodiversity. ( 19 ) Each side has a failing. That of the belongings rights place is its opposition to admiting the historical mutableness of belongings rights as social values and precedences change. That of the other side is its opposition to accepting any bounds on that mutableness # 8212 ; that is, on the authorities # 8217 ; s ability to specify which belongings utilizations will be deemed harmful, therefore regulable without compensation.II. Returns Law OverviewThe belongings rights issue should non be confused with the # 8220 ; returns # 8221 ; issue. The returns issue, purely talking, trades with how the tribunals determine when the Takings Clause of the Fifth Amendment demands compensation. It is a affair of constitutional jurisprudence. By contrast, the belongings rights issue is much broader, encompassing a drawn-out docket of proposals by which authorities interventions with private land usage might be minimized, or might tr ip compensation beyond what is constitutionally required. It is a affair of policy.But while the two issues are different, they are inextricably linked. The returns issue may be regarded as the point of going for the belongings rights issue, since a premiss of the belongings rights motion is that the current system of righting landholders by necessitating them to register # 8220 ; taking # 8221 ; suits against the authorities has non proved just and merely to landholders. Therefore, a brief study of the instance jurisprudence construing the Takings Clause is needed at this point. ( 20 ) A. HistoryThe Takings Clause is a late bloomer. It was about a century after the Bill of Rights # 8217 ; acceptance before the Supreme Court, in 1871, granted that the Takings Clause could be invoked by the landholder against the authorities, as contrasted with its traditional usage in an eminent sphere action by the authorities against the landholder. ( 21 ) After that, it was another half centur y, until 1922, before the Court was willing to spread out the handiness of such landholder # 8220 ; taking # 8221 ; actions from physical invasions and straight-out appropriations of land to mere ordinance of land usage, the hot subject today. ( 22 ) And after taking that bold measure # 8212 ; the birth of the # 8220 ; regulative taking # 8221 ; construct # 8212 ; the Court mostly ignored the land usage facets of its new philosophy for yet another half century.It was non until 1978 that the Supreme Court began a sustained attempt to shoot order into this frustrating country. In that twelvemonth, in Penn Central Transportation Co. v. New York City, the Court found that application of New York City # 8217 ; s historic saving regulation so as to barricade the building of a 40-story office tower atop Grand Central Station effected no pickings. ( 23 ) In making its retention, the Court set out a comprehensive, yet obscure, list of # 8220 ; influential factors # 8221 ; for repair ing the line between paying and noncompensable ordinance. These factors, repeated mantra-like since 1978 by about every tribunal make up ones minding a regulative pickings instance, are ( 1 ) the economic impact of the authorities action, ( 2 ) the extent to which the authorities action interfered with sensible investment-backed outlooks, and ( 3 ) the # 8220 ; character # 8221 ; of the authorities action. ( 24 ) At the same clip as it announced the above three factors, the Penn Central tribunal reiterated that whether a authorities ordinance is a taking can non be based on mechanical application of fixed rules. Rather, it is a finding based on # 8220 ; equity and justness, # 8221 ; uniting close examination of the facts with ad hoc, individual analysis. ( 25 ) Therefore, Penn Central factors notwithstanding, returns jurisprudence continued to be sensitive to the reconciliation of involvements and injuries in each peculiar instance, though necessarily at the disbursal of lucidit y and predictability of outcome.In the 17 old ages since Penn Central, the Supreme Court has maintained its presence in the returns country through more than two twelve determinations. This instance jurisprudence began what will doubtless be a go oning attempt by the Court to impart greater lucidity to this murky # 8212 ; some would state incoherent # 8212 ; kingdom of constitutional jurisprudence. Decisions during this period tackled a assortment of inquiries as to mature ( When is a taking claim sufficiently concrete to justify judicial intercession? ) , criterions for finding returns ( as for physical invasions, complete riddance of economic usage, conditions on licenses, etc. ) , and redress ( Once a tribunal finds a pickings, what response does the Takings Clause necessitate? ) . Despite its general penchant for ad hoc analysis of returns claims, the Court in these determinations identified several fortunes where a # 8220 ; bright line # 8221 ; regulation applies # 8212 ; that is, where the complex reconciliation of Penn Central factors can be bypassed.With some exclusions, one may state that the Court # 8217 ; s more recent determinations ( 1987 to the present ) moved Takings Clause law toward greater protection of belongings rights. However, this move has been modest # 8212 ; much less than many conservativists might want. To day of the month, for illustration, the Court has neer found a regulative pickings in the absence of a governmental physical invasion of land or a virtually entire riddance of a piece of land # 8217 ; s economic use.As, for the hereafter, the balance between the Court # 8217 ; s conservativists, centrists, and progressives will be cardinal. Votes in several of the Court # 8217 ; s recent land use/taking instances make unambiguously plain that where a justness stands on the taking inquiry may depend mostly on his or her political doctrine. Justices Rehnquist and Scalia, by and large regarded as among the Court # 8217 ; s most conservative members, have emerged as strong advocators for greater private belongings protection. Justices by and large regarded as broad or moderate, such as Stevens and Blackmun, have normally taken the authorities side. Intensifying the importance of this ideological component is the fact that many of the recent land use/taking instances in the Court were decided on razor-thin borders. ( 26 ) Therefore, future assignments to the Court may be pivotal.B. Supreme Court Takings Law TodayGiven the ambiguity of some Supreme Court returns determinations, here is as clear a synthesis of the Court # 8217 ; s returns jurisprudence that one can offer # 8212 ; as it applies to existent property.First, complainant must show the being of a belongings involvement, one which he or she owned on the day of the month of the alleged pickings. ( Recently, the lower federal tribunals, possibly taking a cue from the Lucas principle, have added a demand that complainant show a # 8220 ; paying a nticipation # 8221 ; in the usage sought to be made of the belongings. ) As a 2nd threshold affair, the returns complainant has to avoid dismissal on ripeness evidences. To win in this, complainant must, before actioning, obtain a concluding and important finding from authorities as to what usage may be made of the land. The fact that a authorities bureau has simply asserted legal power over a belongings is non by itself a footing for a pickings, since the needed bureau blessing, one time applied for, may be granted. Showing simply that one # 8217 ; s first pick for how to develop a piece of land has been rejected besides is non plenty, since scaled-down ( yet still economically feasible ) versions of the undertaking may be approved. If blessing is denied, complainant must wash up all possibilities of discrepancies or other administratively given exclusions, unless prosecuting them would be ineffectual under the fortunes. Finally, complainant must wash up any avenues for administr ative compensation ( seldom available at the federal degree ) .Once these hurdlings are surmounted, the instance moves to the taking issue itself. Here, it is utile to form treatment around the Penn Central factors noted above.First, the # 8220 ; economic impact # 8221 ; factor. The Court has been emphasized that non all economic impacts and declines in land value as a consequence of authorities action are returns. In fact, the recitation of economic impact as a taking factor notwithstanding, it seems that really few such hurts are. For illustration, there is no right to set land to its most profitable ( # 8221 ; highest and best # 8221 ; ) usage. Rather, it seems that all, or about all, economic utilizations of a package must be eliminated by a ordinance before the taking claim is feasible. Using the parallel construct of value loss, the Court has said that declines in land value, standing entirely, are neer sufficient to anchor a taking claim, and has upheld authorities ordina nce subjecting belongingss to 92-1/2 and 75 per centum value loss.When, nevertheless, the economic impact of the authorities # 8217 ; s action reaches the grade that all usage of a package has been destroyed, there is a categorical pickings # 8212 ; no other Penn Central factors need be considered. Even in this utmost instance, nevertheless, there is an exclusion. If the utilizations proposed by the landholder could hold been prevented under background rules of nuisance and belongings jurisprudence bing at the clip the land was acquired, there is no taking. One should non be compensated, grounds the Court, for the denial of a right one neer had. Apparently, such # 8220 ; background rules # 8221 ; may be drawn from both common jurisprudence and statutory jurisprudence, both federal and state.Second, the # 8220 ; intervention with sensible investment-backed outlooks # 8221 ; factor. Though really a corollary of the economic impact factor, investment-backed outlooks are normally discussed individually. Underliing this factor is a land buyer # 8217 ; s trust involvement in being able to recognize the lawful usage or utilizations of the piece of land that motivated the purchase. This factor has been developed chiefly in the land use/taking determinations of the lower courts.In estimating either economic impact or intervention with investment-backed outlooks, tribunals look at the # 8220 ; parcel as a whole, # 8221 ; non simply the affected portion.Third, the # 8220 ; character of the authorities action # 8221 ; factor. First and first, this factor subsumes the great divide in returns jurisprudence between physical and regulative interventions with private belongings. Because a physical invasion undermines the most cherished belongings right # 8212 ; the right to except others # 8212 ; it has systematically been subjected to greater judicial examination in takings instances. Physical businesss, when they are lasting and non consented to, are per se retu rns in most cases. On the other manus, impermanent physical invasions may or may non be returns, depending on which manner the other Penn Central factors point.A 2nd major constituent of the # 8220 ; character # 8221 ; factor is the regulations for the dedication and exaction conditions frequently imposed by authoritiess as stipulations for allowing a development license. Such conditions must turn to the same jobs as the license strategy itself, and may non enforce a load on the license applier that is greater than # 8220 ; approximately relative # 8221 ; to the load that the proposed land usage would enforce on the community. A failure to run into these authorizations is a per Se taking.A 3rd major constituent is involvement reconciliation. Though frequently merely inexplicit in the Court # 8217 ; s determinations, it seems that a deliberation of the authorities purpose being advanced by the belongings limitation against the load on the belongings proprietor remains portion of returns law.Often portion of # 8220 ; character # 8221 ; analysis, excessively, is the grade to which impacts on landholders are accompanied by countervailing benefits ; the phrase # 8220 ; mean reciprocality of advantage # 8221 ; is frequently mentioned by the Supreme Court in this respect. The authoritative illustration is districting jurisprudence, which may restrict the usage of a package but benefit it every bit good, by likewise curtailing the usage of neighbouring belongingss. Still other judicial enquiries frequently made under the rubric of # 8220 ; character # 8221 ; analysis are whether the loads of the authorities act are borne by a few but the benefits shared in by many, and whether a belongings proprietor has been singled out to bear greater load under the regulative plan than others likewise situated.If after using these factors or per Se regulations a tribunal discerns a pickings, the belongings proprietor must be compensated. But the authorities has options. At least where practical, it may revoke its piquing action and pay the proprietor entirely for the impermanent pickings during the clip that the action was in consequence. Or, it may go forth the action in topographic point, accepting liability for the lasting pickings of property.C. Returns Law in the Lower Courts of Greatest Interest to the Federal GovernmentWhile the Supreme Court # 8217 ; s determinations on returns are evidently of import, merely a minuscule part of judicial proceeding of all time reaches that stratospheric degree. For returns claims against the United States, the big bulk of instances are eventually determined in the U.S. Court of Federal Claims, a test tribunal, and the U.S. Court of Appeals for the Federal Circuit, with appellant legal power over the Court of Federal Claims. Under the Tucker Act, about all returns claims against the federal crowned head must be filed in the Court of Federal Claims, ( 27 ) puting this once-obscure tribunal at the oculus of t he storm.For two extra grounds, the returns determinations of these two lower tribunals have taken on peculiar significance. First, there are elephant-sized spreads in the Supreme Court # 8217 ; s instance jurisprudence on returns # 8212 ; major issues that the Court has non yet had the chance or will to decide. This provides a vacuity for the

Sunday, March 15, 2020

The Connection Between Gun Control Legislation and Gun Crime

The Connection Between Gun Control Legislation and Gun Crime In the aftermath of the June 2016 mass shooting in Orlando, a debate has again turned to whether gun control legislation actually works to reduce gun-related violence. Over the years studies have produced mixed results, which fuels the debate, providing science-based arguments on both sides. However, researchers at Columbia Universitys Mailman School of Public Health have now settled the debate by conducting a massive international review of studies published all the way back to 1950. They found that gun control laws are in fact associated with lower rates of gun-related violence in most countries. About the Study The study, titled  What Do We Know About the Association Between Firearm Legislation and Firearm-Related Injuries? was published in  Epidemiologic Reviews  in February 2016. Lead by Dr. Julian Santaella-Tenorio, a team of researchers examined the findings from 130 studies from 10 countries published between 1950 and 2014. The studies reviewed were all conducted to examine the connection  between gun laws and gun-related homicides, suicides, and unintentional injuries and deaths. The laws in question covered a range of issues related to citizen access to guns. They included laws that govern the use of guns, like the right to carry and stand your ground laws; the sale of guns, including background checks and waiting periods; ownership restrictions, like bans on purchasing for persons with a felony record or documented mental condition; storage-related laws designed to prevent child access in the home; and laws that regulate access to certain guns like automatic and semi-automatic weapons and high-capacity magazines. The studies reviewed included numerous other laws within these categories, ​which are listed in full in the report. The Convincing and Consistent Evidence While the researchers did find some conflicting findings within their review, they found enough convincing and consistent evidence across various locations to conclude that laws that restrict access to and govern the use of guns are  associated with reductions in gun-related deaths, lower rates of intimate partner homicide, and reductions in unintentional gun-related deaths of children. The researchers, however, emphasize that their findings from the review of these 130 studies do not prove causality between gun control legislation and reduced rates of gun violence. Rather, the findings point to an association or correlation between the two variables. Santaella-Tenorio summed this up for Columbia Universitys online news outlet, saying,  In most countries, we saw evidence of the reduction in the firearm death rates after the enactment of firearm legislation.† A Look at Other Nations   Honing in on specifics, the study found  laws that target multiple aspects of gun control reduced gun-related deaths in some countries. They highlight the well-known clear evidence from Australia that followed the passage of the countrys 1996 National Firearm Agreement. Studies that have examined rates of gun violence following the passage of this legislative package found that it led to a decline in gun-related deaths, gun-related suicides, and mass shootings. The researchers point out that similar studies found similar results in other nations. Studies of Targeted Laws   Focusing on studies of more targeted laws, the researchers found that in some cases, restrictions on purchasing, access, and use of guns are associated with reduced gun-related deaths. Studies from the U.S. show that when background checks include restraining orders, fewer women are killed by current or former romantic partners through the use of guns. Further, some studies from the U.S. show that laws that require background checks to include local mental health facility records are associated with fewer gun-related suicides. Studies of Legislation in Place The review also found that studies that focused on legislation that relaxes gun laws, like stand your ground and right to carry laws, and the repeal of existing laws leads  to an increase in gun-related homicides. So, contrary to the belief of the NRA and many others in the U.S., the right to carry laws do not reduce gun violence. Theres never been more compelling evidence that legislative control of our access to and use of guns is a benefit to society.