Wednesday, November 27, 2019

The President National Security essays

The President National Security essays The Presidents role in National Security has been a topic of enduring debate in U.S. politics from the Constitutional Convention to our present day situation in Kosovo. Nearly every American President has had to struggle with this issue and deal with the Constitutions separation of power between Congress and the Executive. The President and Congress share the war-making powers, treaty-making and foreign policy powers, and among many others, the power to place desired officials into certain offices. These powers, though disliked by many, are shared so as to protect the people of this nation with our grass roots system of checks and balances. Most critics of shared powers focus on the areas of war-making and foreign policy. This conflict can be traced all the way back to the struggle between Hamilton and Madison. After what was said to be a series of failed Presidencies (Johnson, Nixon, Ford, and Carter), one group of modern Hamiltonians wanted to increase the power of the President explicitly. They hope to reach their goals legitimately through legislation and constitutional amendments. Another group of Hamiltonians emerged informally after the Presidency of Ronald Reagan and the Irangate controversy. Group members asserted that, The President and the President alone, should exercise exclusive authority in at least four vital areas: the power to go to war; the power to both initiate and carry out foreign policy; the power to appoint officials to the highest posts in the country with only the pro forma advice and consent of the Senate. (#6, p.57) They also wanted the Congress to only be able to make minor modificat ions to the Presidents domestic budget policy. Other advocates of these positions are seeking a more unitary state similar to those of modern parliamentary democracies like Great Britain. Many are envious of the British Prime Ministers abil...

Saturday, November 23, 2019

Free Essays on Internet Communication

â€Å"It is the sense of Congress that providers of electronic communications services and manufacturers of electronic communications service equipment shall ensure that communications systems permit the government to obtain the plaintext contents of voice, data, and other communications when appropriately authorized by law.† (Baase, 2003) This excerpt was initially taken from Senate Bill 266 in 1991 and articulates the goal of governmental agencies since that time. The U.S. Government has since tried to pass legislation to control the encryption used by software manufacturers relating to information communicated over the internet. Through research and analysis I will define the encryption standards, explore the legislation that the government is trying to put in place and determine if government involvement in encryption standards is if fact necessary. Encryption is defined as a process of translating a message, called the Plaintext, into an encoded message, called the Ciphertext. The Ciphertext is encoded text, after it has been passed through an Encryption algorithm and is the product of Plaintext after Encryption. A Cipher is a computer software algorithm used for Encryption. Encryption is usually accomplished using a secret key and a cryptographic Cipher. Two basic types of Encryption that are commonly used are Symmetric Encryption, where a single secret key is used for both encryption and decryption or Asymmetric Encryption, where a pair of keys is used, one for Encryption and the other for Decryption. The first encryption algorithm to be developed was known as DES and was presented by IBM to the National Security Agency (NSA) for review and approval in the 1970’s. â€Å"The National Security Agency (NSA) was formed in 1952 by a secret presidential order.† (Baase, 2003) Using the most powerful computers in the world, the NSA is responsible for monitoring communications between the U.S. and other countries. DES, a conve... Free Essays on Internet Communication Free Essays on Internet Communication â€Å"It is the sense of Congress that providers of electronic communications services and manufacturers of electronic communications service equipment shall ensure that communications systems permit the government to obtain the plaintext contents of voice, data, and other communications when appropriately authorized by law.† (Baase, 2003) This excerpt was initially taken from Senate Bill 266 in 1991 and articulates the goal of governmental agencies since that time. The U.S. Government has since tried to pass legislation to control the encryption used by software manufacturers relating to information communicated over the internet. Through research and analysis I will define the encryption standards, explore the legislation that the government is trying to put in place and determine if government involvement in encryption standards is if fact necessary. Encryption is defined as a process of translating a message, called the Plaintext, into an encoded message, called the Ciphertext. The Ciphertext is encoded text, after it has been passed through an Encryption algorithm and is the product of Plaintext after Encryption. A Cipher is a computer software algorithm used for Encryption. Encryption is usually accomplished using a secret key and a cryptographic Cipher. Two basic types of Encryption that are commonly used are Symmetric Encryption, where a single secret key is used for both encryption and decryption or Asymmetric Encryption, where a pair of keys is used, one for Encryption and the other for Decryption. The first encryption algorithm to be developed was known as DES and was presented by IBM to the National Security Agency (NSA) for review and approval in the 1970’s. â€Å"The National Security Agency (NSA) was formed in 1952 by a secret presidential order.† (Baase, 2003) Using the most powerful computers in the world, the NSA is responsible for monitoring communications between the U.S. and other countries. DES, a conve...

Thursday, November 21, 2019

The Joy Luck Club by Amy Tan Essay Example | Topics and Well Written Essays - 1000 words

The Joy Luck Club by Amy Tan - Essay Example Amy Tan wrote the Joy luck Club, as she hoped to understand her own relationship with her mother, who expected her valuing Chinese cultural ethos, while being Americanized as well. This had put an additional burden on the adolescent mind of Tan, apart from having to bear the stress faced by other teenagers, due to the common problems relating to generation gap. Amy Tan wrote The Joy luck club, to share the cultural distinctions, which Tan faced as she grew up; along with an effort to keep a better understanding with her mother. She, in the process, hoped to sort out her cultural heritage, through this written work, to ensure the same. The author has been widely appreciated for her bold initiative, humor and objectivity depicted in her written work. As the novel gives a detailed account of relationship between Chinese mothers and their Americanized daughters, most of young Chinese-American females have identified themselves with the Tan’s characters and clash of opinions with t heir mothers. The male readers find the novel to deliver an opportunity for understanding their behavior towards the fair sex. Reflective summary While this novel has four sections, each one depicts the story of relationship between mother and her daughter, during a particular stage in their lives. The story of Suyuan Woo, being one of the four, is quite interesting as it reveals the trauma of this mother who lost her family, which included her daughters, during the Japanese war. As she later arrives in America during 1947, Woo still remains unaware of the fact that her twin daughters were rescued. Eventually Woo starts a new life in America, after she gets re-married and settles in San Francisco. The couple has a daughter named, Jing-mei, while Woo continues the Joy luck club in USA, on the lines of similar club in China, along with other three ladies. Woo died a sudden death, while unsuccessfully trying to understand her daughter, all through. The mother and daughter could never r esolve their differences completely during the lifetime of Woo. However, the story throws a pleasant surprise as Woo’s friends tell Jing-mei about the finding of Suyuan’s lost daughters. Jing-mei eventually meets her sisters in Shanghai, with the monetary help coming from Woo’s friends, for such visit. Similarly, another story reveals the character of An-mei, who is the friend of Woo and member of the club. The story reveals her relationship with husband George Hsu and the daughter. The other two women are Lindo Jang and Yin Yin St. Clair. The club members meet every week, while enjoying ethnic Chinese food and raising money. Bond between Chinese mothers and their American daughters The main purpose of this novel has been highlighting the relationship between first generation Chinese immigrant mothers and their Americanized daughters. As most of the differences remain unresolved, Jing-mei’s case reveals the adaptation of American culture by her through ad option an American name, June. This is symbolic of her accepting the American cultural ethos. However, the narration of June, in the relevant story has tried to bridge the gap between generations and cultures, as well as, the heritage of China and America. ("The Joy Luck Club: Introduction.") Contrasting values Tan has tried to highlight the inability of bonding the concepts of two cultures, in her

Wednesday, November 20, 2019

How did democratization impact upon foreign policy of Brazil Essay

How did democratization impact upon foreign policy of Brazil - Essay Example The Geography and Demographics of Brazil Brazil has always had a unique sense of its identity as a continental country. Because of its vast land area and its sizable population it is, like the United States, Russia, China and India, bound to perform an important role in the international community. A country this size, dominating the greater part of South America, is bound to exert economic and political influence in the region and the world. It has, after all, the world’s eighth largest economy and fifth-largest land territory in the world (Da Cruz, 2005, p. 115). For instance, the magnitude of its people’s progress – 24 million Brazilians elevated from poverty, and 31 million more joining the middle class – is bound to create a sizeable ripple in the world economy (Vincent, 2010). The problems and challenges facing Brazil, and the manner in which she resolves them, will tend to exert an impact upon other states because of the country’s sheer size (Lafer, 2000, p. 208). The following figure shows a map of Brazil and its smaller neighboring states. Map of Brazil Source: http://www.brazil-travel-northeast.com/maps-of-brazil.html Aside from its geography and demographics, Brazil’s uniqueness lies in its remarkable history. ... Brazil’s international identity places it at an advantage; although a former colony, it was distanced from international tensions that had occupied other nations in their search for a unique national identity. Brazil’s post-colonial history Brazil gained independence from the colonizers in 1822, and after that it gained freedom from monarchical rule in 1889 through a military overthrow. Between these years, a legitimate monarchy gave way to a well-established oligarchic republic where power was wielded by industrialists, coffee growers, and cattle ranchers (Lafer, 2000; Maitra, 2007). From 1889 to 1930, the country was run as a constitutional republic (i.e., the â€Å"First Republic†) with its old provinces granted autonomy as states, and collectively governed under the formal name, â€Å"The United States of Brazil.† In 1930, the Brazilian Revolution marked the end of the old republic and installed Getulio Dornelles Vargas in power. For this reason, 1930 to 1945 is known as the Vargas Era. While the early years had the benefit of a democratically eleted legislature, the years 1937 to 1945 saw Vargas transform into an authoritarian ruler who had abolished the former Constitution in a coup d’etat, shut down Congress, and assumed dictatorial powers. In 1945 Vargas was deposed, and the country redemocratized (Levine, 2003, p. 97). The subsequent period saw a populist regime followed by unsuccessful economic programs, for which reason the military intervened in 1964 in a revolutionary coup which again, as before, ended in dictatorship by 1985 (Levine, 2003). By 1985, democracy was again established, giving way to the first directly elected president (after the military regime) in 1989, in

Sunday, November 17, 2019

Tutankhamun Essay Example for Free

Tutankhamun Essay How useful and reliable are Source A and ONE other source in relation to the information and/ or implications they provide about the role of the New Kingdom Pharaoh and the society at the time, especially in regards to religion and/ or important events or issues at the time? Source A and Source D provide reliable information on the role of the New Kingdom Pharaoh, Tutankhamun and the society at the time in regards to religion and issues of the time. Source A shows the religious aspects such as the use of both Amun and Aten names and Source D shows the issues of the time such as invasion/ warfare. In Source A the image shown is the â€Å"Golden Throne† also known as King Tutankhamun’s coronation throne. The image on the backrest of the chair depicts Tutankhamun being rubbed with ointment by his wife under the â€Å"arms† of Aten. The text on the chair when translated reveals that both Amun and Aten names are used for Tutankhamun and his wife. This represents the transitional period from having one singular god- Aten, back to the old religion- Amun and may be an indication as stated by Howard Carter that both religions lived together in peace- â€Å"It is curious to say the least of it, that an object which has such manifest signs of heresy upon it should be publicly buried in this the stronghold of the Amun faith†¦it would appear that Tut-ankh-amun’s return to the ancient faith was not entirely a matter of conviction-it is possible that the alteration in the Aten names was sufficient to appease the sectarians and that there was no need for secrecy. The designs on the Throne are also a representation of the changing times. The period is referred to the Amarna Age. It is a different style to which traditional art was made and represents the transition from old to new- the sculptures and paintings were done with naturalism and spontaneity. This style of art included more portraits of their natural existence. Source D is an image of Tutankhamun’s Hunting and Warfare Chest. On this chest there are two main images depicted, the first on the lid, front and back of the box which shows Tutankhamun in a chariot with a bow and arrow fighting and crushing black and Asiatic enemies. On the sides of the chest the second image depicted is that of Tutankhamun’s head on a lions body, treading and crushing the bodies of his enemies. These images are portrayals of the issues that the Egyptians may have faced during the time period such as invasion and concurring.

Friday, November 15, 2019

The Pros and Cons of Teaching Sex Education in Public Schools Essay

     Ã‚  Ã‚  Ã‚  Ã‚   Picture a young couple being on the verge of exploring their sexual desires for the first time. The question is does this young couple have the proper education to make this life changing decision? They most likely were given their education from the school they attend. Hopefully the school taught them what they needed to know to make such a decision. Should sex education be taught at school by teachers or by the parents? Problems with having sex education at school There are many problems with having sex education in public schools. Religion plays an important part to the topic of sex education. Some parents feel that if the school gets to speak to their children about sex before they do, than important things about their religion will be left out of the discussion. If their religion says not to have premarital sex, then that child doesn't need to learn the proper way to put on a condom, where to go to get birth control pills, or anything about abortion. None of this information is going to be needed because the child of the family who uses religion as a guideline for everyday life. These children don't need their heads filled with what isn't important in their religion. According to the Web page SIECUS, parents are-and ought to be-the primary sexuality educators of their children. From the moment of birth, children learn about love, touch, and relationships. Infants and toddlers receive sexuality education through example when their parents ta lk to them, dress them, show affection, play with them, and teach them the names of the parts of their bodies ("Sexuality"). Another reason parents want to teach their children about sex education is that they feel it is up to them and no one else to teach their kids ... ...ks Cited Cooper, Carol. "What shall we tell the children?" The Lancet 356 (2008): 780. "Does Sex Education work?" AVERT 18 Nov. . Harris, Wendy. "Schools fail sex ed, new studies say Parents, students want more comprehensive; lessons even as scope of teaching has narrowed." Spokesman Review 27 Sep. 2007: A1. Jordan, Timothy R. "Rural parents' communication with their teen-agers about sexual issues." The Journal of School Health 70 (2008): 338-344 Schemo, Diana J. "Survey Finds Parents Favor More Detailed Sex Education." The New York Times 4 Oct. 2007: A.1 Sexuality Education is the Schools: Issues and Answers." SIECUS Report 27 (2007) Web. 19 Nov. 2008 http://www.siecus.org/pubs/fact/fact/0007.html. Ubell, E. "Sex-education programs that work-and some that don't." Parade Magazine 12 Feb. 2007: 18-20.

Tuesday, November 12, 2019

Fracking: Carbon Dioxide and Natural Gas

April 8, 2012 Dear Senator Greg Ball, The current practice of hydraulic fracturing (fracking) began in America in the late 1990‘s and has been wreaking havoc on the land and the lives of the American people since. In case you are unaware, fracking is the process well diggers use to extract natural gas and oil from the earth. They use pressurized mixture of water, sand, and chemicals to form veins (or fractures) in the rock in order for the natural gas or oil to escape.Although this process is an affective way to produce the natural resources from the earth, there are repercussions that are being ignored by the well companies. For instance, there were several private wells in Dimock, Pennsylvania contaminated with methane caused by the fracking done by Cabot Oil and Gas. The people living off these wells were not able to use their water. Although the gas company denied any kind of fault, they compensated the residents financially and built a new pipeline to bring clean water in. In December, 2011 the EPA sent out letters to the residents telling them their water was safe to drink. But in January of 2012 the EPA retracted its position and told the gas company to immediately take care of the problem. Another problem that has developed due to fracking is pollution around the dig sites. Emissions associated with combustion include nitrogen oxides, sulfur oxide, carbon dioxide and carbon monoxide. Another emission problem is the emission produced from the natural gas.Gasses such as methane, ethane and liquid condensate and volatile organic compounds (VOC). VOC’s have been proven to cause birth defects, neurological problems, and cancer. Most recently, in March of 2012, officials in Ohio are blaming the wastewater produced from fracking for a series of recent earthquakes. What my goal would be from you Mr. Ball, is that you would introduce a bill to the senate that would encourage regulation on fracking from the federal level.If the federal government woul d regulate the way fracking is done in America, it could save many lives and help save the environment. Bad drilling techniques, design and execution are some of the reasons the drilling wreaks so much havoc. This is something that could very easily be regulated by inspections of the wells. I also believe that the number of wells being drilled needs to be regulated. In Pennsylvania alone, there are 3,500 wells. This number is too high. Having that number of wells in such s small area, is inviting problems.If the federal government would make some regulations on how many wells per square mile are aloud, it would cut down of a lot of the damage being done. It may also be possible to regulate how far from civilian dwellings a well should be drilled. If the wells were drilled several miles from any home, the chances of it endangering people and animals would decrease. Mr. Ball I appreciate you taking time to read this letter and listening to my concerns. I am confident that you love thi s country as much as I do and will try to put an end to hydraulic fracturing as we know it today. Sincerely,

Sunday, November 10, 2019

Characteristics of a Leader

‘Leaders should lead by example’ so the saying goes. There are certain characteristic found in some people. It is just that, they put them in a position where people looked up to as a leader. People often say ‘ He or she is a born leader’. Whether in fact a person is born a leader or develop skills and abilities to become a good leader is open for debate. There are some clear characteristics that are found in good leaders. These qualities can be developed and naturally is the part of their personality. Firstly, a good leader must have a positive attitude.This quality is a required not just for a leader but everybody. However, this is specially necessary for a leader. A leader needs to be positive and motivate his team, in times that are hard and times that are brutal. When times are tough and his team is absolutely down, when times are really frustrating, a leader is the who carries his team and his organization forward and that is what a leader needs to do look at the bright side of each and everything. Besides a good leader must be a good listener. This is because a good leader needs to listen to her followers.She needs to get feedback on a regular basis, open her eyes and ears and keep listening. Now a word of caution. Listening does not mean to blindly follow and accept everything that is said and shown. What goes hand in hand is listening. This also helps her followers to express theirs feeling or even to speak their rights. The quality which a leader should possess is intelligence and alertness. A leader has to use his brain every time and also has to remain  Ã‚   alert with   eyes and ears open otherwise he could easily be carried by any fraud or enemy.Many a times we see such situations around us, where a person in trouble or problem doesn’t hesitate in blaming and embarrassing even his closest friend to save himself, and also does not bother about his friends at all because the person has to get rid of his problems anyhow. So, he just thinks about himself and his life,   the life of other does not matter to him much. Some people have a misconception that only those people who are physically strong can become good leaders, but this is not the fact.A leader may not be physically strong but he needs to be mentally strong and firm in decisions. For example, Mahatma Gandhi, the Father of the Nation was the greatest leader but he was active and had a firm desire to serve the Nation. He had the power of organizing and uniting people and attracting people towards him by his speeches. This is the best quality of a leader which he had in him. We can also say that, a person who can satisfy the basic psychological needs of his followers can also be an effective leader. A leader must have average character .There are no perfect people, but for a leader to be considered good, they must have a character that is unquestioned within the organization. Leadership always draws criticism from someone, so a leade r may not be able to get everyone to believe in him or her, but the people who know the leader best should trust the leader’s character. In a nutshell, a good leader must be faithful to his group members and activities. This in turn, will result in an atmosphere of assurance among the followers. Having faith in self abilities and the world around him , the leader gains inspiration and also inspires others in the process.

Friday, November 8, 2019

Free Essays on Decisions In The Workplace

Abstract Decisions in the workplace have greater implications upon one’s life than most believe. How one comes to a decision shows all others within the work environment their personality and preference. I have come to realize that having a road map for work related decisions, helps everyone involved. Taking specific steps to achieve the best possible outcome for an issue is the purpose for following a decision-making model. In the following piece we will view how the UOP decision-making model was utilized to help me with a challenging situation at work. The UOP model is made up of 3 main areas with sub-dividing points. The first area is Frame the Issue. Within this area ask yourself to identify the problem. In my job related issue, I discovered the problem to be miscommunication between 3 departments regarding invoice logs. Understanding how the process should work in order to go smoothly falls in â€Å"defining the criteria, goals and objectives†. My critical thinking skills are being utilized through my actions of analyzing the problem. I know the best way to pay the construction companies are to receive the invoices through Contracts department, then forward the project number to Facilities Information Systems (my department) to generate a record then on to the Facilities Construction Mgmt dept secretary for payment. The last sub-division of Fame the issue is evaluates effects of the problem. When miscommunication occurs, a breakdown in the process follows. Invoices are not paid on time, board members are notified by the companies and soon followed by unnecessary media attention. Framing the issue helps to give a solid picture to pinpoint key errors. The second area encompasses Making the Decision. This model is very helpful because of its practicality. In order to make a decision to solve a problem you have to first know what the problem is; as well as a result of the problem. Upon reflecting on the problem... Free Essays on Decisions In The Workplace Free Essays on Decisions In The Workplace Abstract Decisions in the workplace have greater implications upon one’s life than most believe. How one comes to a decision shows all others within the work environment their personality and preference. I have come to realize that having a road map for work related decisions, helps everyone involved. Taking specific steps to achieve the best possible outcome for an issue is the purpose for following a decision-making model. In the following piece we will view how the UOP decision-making model was utilized to help me with a challenging situation at work. The UOP model is made up of 3 main areas with sub-dividing points. The first area is Frame the Issue. Within this area ask yourself to identify the problem. In my job related issue, I discovered the problem to be miscommunication between 3 departments regarding invoice logs. Understanding how the process should work in order to go smoothly falls in â€Å"defining the criteria, goals and objectives†. My critical thinking skills are being utilized through my actions of analyzing the problem. I know the best way to pay the construction companies are to receive the invoices through Contracts department, then forward the project number to Facilities Information Systems (my department) to generate a record then on to the Facilities Construction Mgmt dept secretary for payment. The last sub-division of Fame the issue is evaluates effects of the problem. When miscommunication occurs, a breakdown in the process follows. Invoices are not paid on time, board members are notified by the companies and soon followed by unnecessary media attention. Framing the issue helps to give a solid picture to pinpoint key errors. The second area encompasses Making the Decision. This model is very helpful because of its practicality. In order to make a decision to solve a problem you have to first know what the problem is; as well as a result of the problem. Upon reflecting on the problem...

Tuesday, November 5, 2019

Read Your Writings †for a Fee!

Read Your Writings – for a Fee! As writers, we get a buzz from knowing people are reading our work. But have you ever thought of reading it out loud, to an audience? Neither did I until recently. Now it’s a regular sideline gig. If you write on a specialist subject, why not talk about it, too? Or talk about being a writer! It’s a pretty offbeat career that would interest many. If you write comedy, give those sketches a whirl. In my case, I had a drawer  full of rhymes about the flip-side of gardening and modern life, so I shaped them into 60-minute presentations for gardening and over-50s clubs. The social aspect of the work provides an antidote to the laptop, and you can control bookings to suit your time – and bank account. It’s potentially lucrative, depending on factors such as advertising levels, travel and topic flexibility, and caliber of events you’re comfortable speaking at. I choose to keep bookings occasional and low-key, with earnings correspondingly reasonable rather than great. But if you’re confident you can keep a large, high society audience gripped for 45 minutes or more! Some hosts will pay handsomely for a polished, spellbinding talk. Whatever the venue, it’ll offer a platform for your books. Rich market Online searches will reveal innumerable societies, many engaging speakers for meetings. Here are some examples, but bear in mind that opportunities vary: Sports, especially mainstream Personal interests (e.g. gardening, bee-keeping, wine-making, family/local history, books) Age-related groups (e.g. 50s/60s; grandparents, war veterans) Social groups (e.g. singles, single parents, women’s) Charities (for fundraising events) Businesses/professional groups – for training or social events. Finding markets   Society websites: some societies have their own websites, with handy information such as usual topics, timings, audience numbers and contact details. Society affiliation websites: in some cases, you have to visit the society’s regional or national affiliation website and comb its listings for your local group. Follow these links to sample affiliations, and spot their speaker/talk references: 1.   The Royal Horticultural Society (speakers’ register page): https://www.rhs.org.uk/communities/pdf/aff-socs/speakers-and-judges-registers/total-speakers-register 2.   Scubaboard.com, USA: scubaboard.com/forums/new-england/491173-club-speakers-ct-club.html  Ã‚  Scroll down to second item: Club speakers 3. Federation of Family History Societies, USA: ffhs.org.uk/members2/overseas/usa.php The first society on their list mentions a meeting with a speaker on their website: rootsweb.ancestry.com/~bifhsusa/ The first one links to the speakers’ register of the UK’s leading gardeners’ organisation, to which I added my name (free) with positive results. If you have trouble finding a group, try a related website such as that of your local community, tourist information centre or charitable organisation, for group or event listings. Here’s an example produced A brief deeper delve using the search term talks took me to upcoming events:  bostonhistory.org/?s=oshp=calendar Some clubs may only supply a telephone number: no matter! A human voice may kindle interest in your speech offer. Also look up speaker agencies. See what opportunities they offer, and browse their client profiles for inspiration.   I picked US examples .randomly: 1.   APB Speakers International: apbspeakers.com/;   2.   The Speaker Agency, California: thespeakeragency.com/; 3.   Washington Speakers Bureau (for businesses): washingtonspeakers.com/ 4.   Great Garden Speakers: http://greatgardenspeakers.com/   How much to charge?   Before setting my fee, I checked other speakers’ rates via agency websites and enquiries to local groups. The range is huge, but to me, audience response is as important as check size; besides, a happy group will refer you to others. My audiences are courteous, attentive, and prompt to pay. So, what’s stopping you?

Sunday, November 3, 2019

Variation of Contract Essay Example | Topics and Well Written Essays - 1500 words

Variation of Contract - Essay Example This is the command of the doctrine of consideration. Thus courts sometimes apparently are prepared to take up consideration instead of questioning its needs.1 Exchange thus makes up the terra cognita of contractual responsibilities. Presented promises are often passed on to the private sphere of influence2. Their breach is made good with only a moral sanction. But in the laws of employment immediately post decision of Taylor v Secretary of State for Scotland,3 this conventional dissimilarity is under stress.4 With regard to Re Selectmove [1995] 1 WLR 474 the case was for payment of a debt which the company Selectmove owed to the crown. In order to escape payment of the debt the company was wound up. The question to be discussed is whether the debt was a disputed one or not For this the law of estoppel has to be understood. "Where by his words or conduct one party to a transaction makes to the other a clear and unequivocal promise or assurance which is intended to affect the legal relations between them (whether contractual or otherwise), or was reasonably understood by the other party to have that effect, and, before it is withdrawn, the other party acts upon it, altering his or her position so that it would be inequitable to permit the first party to withdraw the promise, the party making the promise or assurance will not be permi... Meanwhile the other party will most likely continue with the performance of the contract.When there is a counter offer then silence on the part of the creative offeror will not normally form an acceptance. But it will be considered as an acceptance in case of an offer without time limit. It may be construed as acceptance if the original offeror had objected to some of the extra terms which the counter offer may contain. In cases of ambiguous offer where the offeree communicates to the offeror about his understanding of the offer then such a communication will almost certainly result in a counter-offer. Under such circumstances silence will make up acceptance on the part of the offeror6. Some of the recent cases manifest the dampening, or elimination, of a quiet a lot of the uncertain philosophies or maxims which have conventionally confined the functioning of the doctrines of estoppel. This has actually limited an open challenge to the importance of the agreement meant to produce legal relations and confirmed by circumstance as the means of imposing promissory responsibilities. In Walton's Stores (Interstate) Ltd v Maher,7 the majority8 in the High Court agreed that Maher, a constructor, who was negotiating a contract with the appellant, Walton's. Under the agreement it was decided that Maher would destroy buildings on the ground which he possessed and then build and rent to Walton's a building to its stipulation. This brought reliance on the doctrine of promissory estoppel when Maher destroyed the old buildings accepting that a contract between the parties would be arrived at.9 The majority were not stressed by the alleged convention that such rules of evidence do not find a reason for action, or by the obligation of

Friday, November 1, 2019

Design of the New Bayswater Shopping Complex Case Study

Design of the New Bayswater Shopping Complex - Case Study Example Tim felt it as a problem since he was familiar with the design. Otherwise, he may not be aware of the unethical actions of the employees of his design department. Moreover, Tim was a loyal professional who likes to keep some ethical standards in his professional life which forced him to perceive the above case as a problem case. Most of the other engineers may not take the above case as a problem since they will always try to impress their management using any means. So, whether the above case is a problem or not may depend on the perception and integrity of the professional who analyses it. Lack of staff in the designing department and the willingness to adopt all possible means to complete a project in time along with the motivation to impress the top management forced the designing staff to adopt such an unethical behavior. The above problem can be analyzed through three perspectives; legal/contractual, management and ethical. On December 1, 1990, President George H. W. Bush signed into law the Architectural Works Copyright Protection Act ("AWCPA"). The AWCPA resolved an important dispute in U.S. intellectual property law, extending copyright protection to architectural designs embodied in three-dimensional building structures. An alleged infringer is prohibited from not only copying the architectural plans but also re-creating the building design even if the original architectural plans are not used (MacMurray) Many of the US architects and other design professionals are still unaware of the intellectual property laws regarding the industrial designs. The given case is a legal violation as far as US intellectual property laws are concerned. Grand Star may fell in deep trouble if they proceed with the stolen design. The legal disputes may affect the image of Grand Star and their future business prospects Management of a project based on a stolen design is difficult.