Provide an in-depth analysis of the Gong Lum v. Rice case Study

Provide an in-depth analysis of the Gong Lum v. Rice - scale Study ExampleBayor asserts that Lum was denied a chance at Rosedale Consolidated towering School because of her Chinese line (45). This was in favor of the White students, who were allowed in this high shallow. The defendants in the case were responsible for her racial extrusion from the learning institution. The defendant included the Mississippi state superintendent, the board of trustees of the school, and Rice. The petitioners of the case indicate that there was no school that catered for the students of Chinese descent. The constitution of Mississippi stipulates that a common school monetary fund should be available in every county to cater for the student needs. The fund ought to constitute of the taxation obtained from the public contributions and the apportionments from the treasury department. This fund is meant to support schools for four months.The plea of the case is based on the breach of this requiremen t of the constitution. This is because Rosedale Consolidated High School was an appropriate school for Martha Lum. More to that, her father was a taxpayer who also helped to support the running of the school as stipulated in the legislative document. This implied that denying her the right to attend and learn in Rosedale high school was tantamount(predicate) to racial discrimination, which was not allowed by Mississippis constitution. In essence, the fact that Martha was educable is substantial for her to be allowed to go along in her education and career. According to Dickson, it is Marthas constitutional right to access education given that she was not a member of the colored race (67).The colored race, especially Mongolians, was verboten in the Mississippi County. The tourist court ruled that a writ of mandamus be invoked according to the petition filed to stop the hindering of Martha attention the school. The appeal of the defendants against the ruling of the supreme court o f Mississippi culminated in a stern directive by the

Pick the most suitable and easiest to you Term Paper

Pick the most worthy and easiest to you - Term Paper ExampleLastly, there needs to be justification that supports p. such justification could be some kind of evidence or reasons. The lack of such support would make p solitary(prenominal) to be correct but not knowledge. These sets of qualifys greatly rely on the necessity and sufficiency family relationship that argues that one set of condition has to be align for the other to be true. A necessary condition makes a statement to be true while a sufficient condition links the legality within a statement to its ultimate consequent. A condition can be necessary or sufficient or both.The Gettier problem refers to a philosophical reasoning that questions whether something that is held to be true but is ground on invalid reasons counts as true knowledge (Pollock and Cruz, 12). Initially put forward by Edmund Gettier, it is use to refer to all major thought experiments that repute the definition of Justified True Belief. Gettier argue d that there were beliefs and statements that were true and justified, hence necessary and sufficient, but were not valid pieces of

International Business Law Essay Example | Topics and Well Written Essays - 2000 words

International Business rectitude - Essay Examplease between Gupta and ACG, Gupta after receiving an invitation from ACG to purchase 10 MR5 computers is claiming a breach of constringe on the part of ACG because of the latters action of selling the computers to a different buyer. In this regard, the following legal issues arise first, was a sheer concluded between the two involved parties? Second, was Guptas toleration sensible and has it been communicated to ACG. Third, was ACGs repeal valid? Fourth, considering the aforementioned legal issues, is Gupta correct in claiming that ACG was in breach of contract? Hence, given that the aforementioned legal issues are concerned with the formation of contracts regarding the international sale of goods, the United Nations figure on the International Sale of Goods (Vienna Convention) or Common Law can apply.In order to visualise whether a breach of contract took place, one must determine whether a contract exists. For a contract to ex ist, however, it must be concluded through the valid acceptance of an strait (Art 14). In this regard, it is questionable whether the acceptance sent by Gupta was valid. Article 19 1 of the Vienna Convention states that A reply to an head which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer. In this respect, the run-in on the assumption that in the letter sent by Gupta questions the validity of the acceptance because it can be considered as a modification of the contract since there was no indication regarding the date or path of delivery in the initial offer sent by ACG. Thus, since there was no contract form because there was no valid acceptance Gupta cannot hold ACG in breach of contract. In this regard, ACGs revocation of the offer will hold. This rule is also similar to the rules under Common Law which states that acceptance of an offer must be communicated according to the terms in which the

Legalization of Marijuana Research Paper Example | Topics and Well Written Essays - 1250 words

Legalization of Marijuana - Research theme ExampleI suffered a closed head trauma that left me shaken by up to five grand mal seizures per day. I became addicted to pharmaceutical medication that did not relieve the seizures that plagued my life. About 25% of epileptics do not respond to medicines. I am one of many who do not. While the prescription(prenominal) drugs left me debilitated, I discovered that with marihuana I could completely control the onset of a seizure. For me this cognition was freedom. By using it I am able to abandon pharmaceutical medication and its side effects. freeze and acquittal In August of 1992 my husband, Mike and I were arrested for felony cultivation of five marijuana plants that I incur openly in our front yard. This crime is punishable by three years in introduce prison. After our arrest we realized the importance of challenging the existing laws governing the medical use of marijuana. We hoped that in presenting a necessity defense we might clar ify the medicinal use of marijuana, freeing myself from further criminal prosecution and establishing a precedent for patients relief. After 7 1/2 months the district attorney of Santa Cruz County, California dropped charges against me for marijuana cultivation. He stated, No reasonable jury would find her guilty. Having won what I thought to be the advanced to use the only medicine that controls my seizure activity, I again planted five marijuana plants in my front garden. ... Or are we shuffled between departments? The fact is, even though there is no resource that will provide relief for my condition, and despite my having adequately established necessity through the judiciary system, it is pacify illegal to use or cultivate marijuana. California State Senator Henry Mello has presented a non-binding resolution, SJR 8 in a bipartisan effort to allow the use of marijuana medicinally. There is at present no provision by the federal government to meet the needs of patients, only t he remnants of the antiquated Compassionate IND (Investigational clean Drug) serving nine government-approved patients exists to this day. This defunct program supplied patients with government marijuana, but the project was axed by the Bush memorial tablet in March of 1992. Research There exist three phases of study that are necessary in ascertaining the acceptability of a new drug for medical use in treatment. The FDA requires point I safety, Phase II pilot studies on efficacy, and Phase III controlled studies on efficacy and safety. According to Judge Francis L. Young, presiding administrative Law Judge to the United States Department of Justice in the DEA hearings on the Marijuana Rescheduling Petition in 1988, it has been established that marijuana satisfies both Phase I, II and Phase III studies on safety and efficacy. Having exhibit sufficient evidence to substantiate these findings it then seems redundant to continue further studies on the safety or efficacy of marijuana . By succumbing to the FDAs present acceptance of only Phase II safety studies, we surrender priming already gained. In fact, as patients needs are ever growing it is essential to focus on the third phase, i.e., controlled trials, if any aspect of further

SWOT Analysis of Lesson Plans Assignment Example | Topics and Well Written Essays - 3500 words

SWOT Analysis of Lesson Plans - Assignment ExampleAn immediate awareness of the shortcomings of anyones teaching can be maked by the kind of review of actual lessons after the fact sedulous in above. This is certainly a worthwhile and effective process, in line with the thinking of numerous writers in the field. A reflective, innovative approach is necessary (Hattie, 2003).Central to the practice of my teaching is a need to ground decisions regarding the precise and exact intention of particular lessons. While I do weigh that I indispensability to achieve an inclusive, diversity-embracing classroom experience for students, the exact aims and outcomes of my lessons are sometimes not clear to the students, and perhaps not even to me. A clear and communicative statement of what we hope to achieve is necessary in all(prenominal) lesson and I will be sure to formulate this exactly in future lessons.I am of the opinion that it is essential to respect the originating cultures and iden tities of the ESL students I teach (see Ashman, 2009, and others). Sometimes I do not achieve this steml as the content I institute with covers only the Australian experience I believe this is so because I am concentrating on ensuring that my students become comfortable and familiar with their adopted culture. This is not a bad thing, but I do aim to provide more opportunities for students to share their cultures and identities with one another(prenominal) in class, while not neglecting the improvement of their knowledge and familiarity with Australian contexts.Tied to the opinion above is the idea that the content we are elaborateing with should be accessible to the students, and interesting to them within their experience. If they are able to marry the content we are dealing with to prior erudition and earlier experiences and knowledge, I am certain their pass on will be more effective (Davis, Sumara, & Luce-Kapler, 2008). My personal relationship with students and my inter actions with them do, I believe, reflect mutual respect, and my mention and appreciation for their cultures, but it is also true that I could incorporate this attitude into the actual practice of my teaching, in line with UNESCO (2001) guidelines.It is difficult for me to release some control of assessment in the classroom my instinct is to sine qua non to measure and grade student achievement myself exclusively. Yet, on the occasions when I do ask students to look one another, and even to point out one anothers errors, they do manage to do so effectively. The incorporation of peer teaching is relatively simple for me the incorporation of peer assessment is something I will have to work on. Black and Dylan (2001) encourage a highly interactive, dynamic assessment environment, which I would like to emulate.Timing is something which I also have to concentrate on. There have been occasions when the work I assigned to one group of student for example the Beginner students was compl ete long in front I had finished with the other group of more advanced students. A focus on acquire to know the learning pace and the learning style of each of my students is something I aspire to. Individualised learning is something a successful teacher must be able to come to grips with (Hattie, 2003). When students are paired up, and work together, or are given sufficient reading, with dictionary work tied to it, I find that on that point is enough time to get to each student, and to deal with differing ability groups effectively. This is, though, not always easy to predict.

Research summary Paper Example | Topics and Well Written Essays - 500 words

Summary - Research Paper ExampleVascular lesion is considered as its leaders cause, but scholars believe that trauma and tumors may also result in AOS.In AOS, there is injury of reign in roast resulting in reduced ability to sequence, time and coordinate the phonemes that lead to actors line errors. The articulation is disrupted due to damage in central nervous system. It is characterized by persistent dysprosody or speech having abnormal rhythm, try on and intonation with repeated utterances in order to become articulate. It is often staccato with Aphasia or conduction aphasia and Dysarthria. While Aphasia highlights language deficit and cannot select gear up phonemes but has speech continuity, AOS uses correct phonemes but cannot articulate due to motor deficiency and therefore, speech is halting and repetitive. On the other hand, Dysarthria affects articulation due to muscle impairment while AOS has linguistic error is due to lack of motor control. in that respect is more than one type of AOS as defined by the damages in different wear out of brain. The treatment is often focused on speech articulation therapy that is designed to improve intonation and stress through repetition of words and speech sound. Augmentative devices and alternative means like gestures, drawing, writing etcetera are used for severe AOS patients. The research shows that efficacy of treatment mainly relies on experimental designs as per the needs of the patients. The study is hugely significant because it has helped to distinguish it from the various other forms of speech disorders. Most importantly, go along diagnosis has helped clinicians to address its intervention techniques.I strongly believe that the paper encourages more in enlightenment study of the subject so that new variant of AOS could be identified. AOS is complex in its characterization and causes. As such, it necessitates early deduction so that patients can use appropriate intervention to bring under control the

Law of Contract Assessment Essay Example | Topics and Well Written Essays - 2500 words

Law of Contr constitute opinion - Essay ExampleThe competency of the disseveries to the contract is non under question. It is implied that there exists effectual consideration and the lawful object is the diagram of land. Legal come in of the seller and buyer Based on the validity of the contract, the legal position derived from the contract is fairly defined in this case. The question of building construction is extraneous to the contract, and departure by the concomitants of the case, the performance of the contract is not contingent upon the building permit. This is also strengthened by the fact that the building permission has never been applied for. The statement of Holger made during the course of conversation with Jaki, the manager of SkyReach of course, it building permission by the local planning department should be no problem. As I understand it, inner metropolis development is a top priority here is based on the information available to him, which could not be c onstrued as a statement of an expert by a manager in a real estate company who is expected to be more knowledgeable in the business. The seller of a property should disclose any material defect in the property. Concealing the information would be an act of fraud. It is all Holgers understanding, and there is no guarantee or concealment involved. Also, the fleck is restricted to educational purposes only cannot be treated as defect in property as reservation for dissimilar purposes is common SkyReach could not allege concealment of information, and the contract is also not conditional on ad hoc use of the plot. This aspect is extraneous to the contract, and Jaki had a time of one week to verify the position ahead entering into the contract after his discussions with Holger. Analysis The permission has been rejected on the grounds that the use of the plot is restricted to educational purposes only. A close analysis of the facts of the case reveals that SkyReach has applied for bu ilding permission as a rightful owner of the property based on the contract, which it cant renege. Secondly, reservation of the plot for educational purpose exists already, which the SkyReach failed to verify. Thirdly, according to the facts of the case, the sale is not conditional with reference to the purpose for which the plot could be used. The sale of real estate property is enforceable by specific performance in the font of a breach of contract. There are defenses available against specific performance which would avoid specific performance, and the only defence that could be remotely considered as an action in equity is, specific performance would produce severe hardship to SkyReach, because other defences such as misbehavior and impossibility of performance are not relevant to the case. But, defence against specific performance is not possible due to the reasons discussed under Legal position of the seller and buyer, based on the facts of the case and analysis. In Tamplin v James,1 defendant, the buyer failed to perform in the contract of sale on the grounds that that he expected that two pieces of garden formed part of the lot, when they were in fact held by a railway company and not the vendor. In this landmark case, the administration decreed specific performance for purchase of the land. The defendants appeal was unanimously dismissed by the Court of

Critically Analyse the Effectiveness of the Strategies Utilised in the Essay

Critically Analyse the authorization of the Strategies Utilised in the US and UK to tackle the Purported Rise in Knife or Gun nuisance - Essay ExampleMany have warned that storing of inflammationarms in homes would summation the cause of violent deaths (Some facts about guns. 2007). change surface though many laws were framed by the authorities in US to curtail the involveing and possession of fire arms, it did not decrease the death rate due to firearms. In 2008 the US Supreme Court make a historic decision that ratified the decision by the district to curtail the rights of citizens to carry firearms in the city. The supreme court opini unityd that action by the district is a clear violation of denying individual rights and immunity for carrying firearms.Persons who advocated against ban of carrying firearms put forward statistics related to crime and deaths in the US. In 1993, there were over one million firearm related crimes in the country. In 2005, it declined to 500000 i ncidents. They also pointed that firearms are not the only actor for violent deaths in the US. However records of the FBI clearly suggest that many crimes including homicides are related to firearms (Tartar.A 2008).In UK increase in suicides was due to use of firearms at home. To prevent crimes related to possession of firearms, UK passed two firearms amendment acts of 1997. Due to the walk of the act, there was a decrease of possession of handguns in Britain. Many handguns were handed over to the police by the individuals (Some facts about guns. 2007).It is estimated that American citizens uses firearms for at least 764000 times in a year to defend themselves. In 1976, Washington DC enacted a virtual ban on handguns. During 1976 and 1991, Washington DCs homicide evaluate grew 200 % and the US rate grew by only 12%.The US government has passed the right to carry laws which requires the law enforcement agencies to issue permits to handguns to all applicants who are qualified. Lice nses are issued considering age, clean criminal record, completion of firearms safety cartroad etc. In 1986, nine states in the US had right to carry laws.In

Diversity in the Workplace (Sociology) Essay Example | Topics and Well Written Essays - 1250 words

Diversity in the Workplace (Sociology) - audition ExampleDiversity among the military workers is a challenge itself, however should be likewise viewed as the add of certain separate aspects and diversities, among which are generation gap, incomes and benefits, communication with civilians, etc. The fact, that many large corporations transfer executives and their families to different cities, specially early in their careers. The military is unique in the American labor force in the fulfilment to which it expects its rank-and-file personnel and their families to relocate. (Segal & Segal, 2004) This creates the principal diversities in the workforce among military. Generation gap is rather general problem among military, as well as among the other kinds of working staff in the country. From the sociological point of view, the principal assist of this aspect should be devoted to relations between the representatives of Generations X and Y. Though both generations display rathe r comfortable relations with technology, they still tend to have different attitudes towards work as the nonion and the co-workers as the social surrounding at workplace. In the military workforce, where the changes in surroundings occur more frequently due to the geographical and movable character of the military work, it is essential not only to remember the differences, simply to manage these differences effectively. Both generations, having much in common, still need different techniques of motivating them at work, which should also be accounted. Stereotypes in relation to generation gap should be eliminated. It is common to judge the person and its attitudes on the basis of the commonly spread assumptions although certain characteristics may be attributed to one generation or another, that does not mean that all people in a particular generation exhibit each of that generations common characteristics. (Segal & Segal, 2004) The same characteristics should be eliminated in ste reotyping the mostly probable population to serve for military. For example, as Segal & Segal (2004) state, enlistment is predicted by parents education, towering school grades, college plans, race and ethnicity. However, it does not mean that sociologically this or that population layer is more presumable to participate in the military, than the other. Thus, stereotyping is a common problem in the military organization. As other issues, it is about connected with the challenge of active move across the country, or even abroad, for both militaries and their families thus in getting used to the new work surrounding stereotyping should be replaced by immediate feedback and thorough outline of the actions performed. The diversity in income and benefits directly impacts the performance of the military in one organization. It is clear, that the rank plays certain role, but the process of promotion also influences the attitudes of marines towards the job they have to do. When you came up for promotions, your minority status was prominent and was include as a basis for promotion. He recalls the promotion candidates dossiers being flashed to board members from a microfiche projector. On the prove was the dossier, and splashed across on a diagonal banner, in big, bold, capital letters was the word MINORITY. (Waller, 2001) This belike resulted in the inappropriate behavior among marines which has become the subject of ardent discussion in press and