Tuesday, October 8, 2019

Response Paper Essay Example | Topics and Well Written Essays - 250 words - 10

Response Paper - Essay Example The author’s argument on debts is valid from a moral perspective but not from a legal perspective. Moral values such as beneficence and nonmaleficence require that actions result in benefits or at least minimize harms to people and offering credits that can increase economic burdens on borrowers fails the morality test. Similarly, a utilitarian perspective to ethics requires optimal benefits. The relative number of lenders and borrowers, however, identifies concentration of benefits in the hands of a few individuals while majority borrowers bear the burden of refinancing loans and even consequences of defaults. A legal perspective, however, identifies equal responsibilities between lenders and borrowers because of their roles in creating contracts; and this is consistent with deontology ethics. Credits are, therefore, legal as long as both parties consent to it and though resistance to credit may be necessary, especially to protect vulnerable populations, awareness among the p opulation and social bargaining is the most suitable approach because it is likely to induce moral soundness in the credit system that is based on legal frameworks and profit motive (Ross

Monday, October 7, 2019

See attachment Essay Example | Topics and Well Written Essays - 2250 words

See attachment - Essay Example According to an online publication, the public sector has been a leader in asset management practices for a long period. The private sector has been lagging behind with players having little interest in the theory. Consequently, there was a lot of mismanagement of resources in the private sector in comparison with the public sector that was achieving sanity at the time. Government agencies had been empowered to investigate public corporations that were mismanaging funds. The agencies were mandated to carry out an audit of the resources that had been allocated to public companies to detect discrepancies that were costly. They made an inspection of government institutions such as the police department, public hospitals, and local authorities among other areas that the government played an imperative role. A task body was formed in the United Kingdom to try and establish the importance of asset management to the strategic plans of an organization and its contribution to profits. The fin ding of the report indicated that although technical skills contributed significantly to the performance of an organization, the role of asset management towards the success of an organization could not be ignored. Consequently, the importance of asset management is one of the factors that stirred the University that investigated correlation Between asset management and the performance of an organization. The study unearthed shocking findings of the notion of asset management. It was created that a majority of people were unaware of the roles asset management played to the success of a business entity2. Despite the fact that the research came up with incomplete evidence, similar studies were carried out in the 1990s.Meaningful recommendations were arrived at that saw companies adopt cost cutting measures in production processes. In addition, new methods of managing physical assets were

Sunday, October 6, 2019

Construction procurement and legal framework for construction Essay

Construction procurement and legal framework for construction operations - Essay Example It may be either small scale or large scale. For successful completion of the construction project, effective planning is crucial. There are various types of construction: 1. Residential building construction 2. Commercial building construction 3. Industrial building construction 4. Heavy civil construction. The type of construction is the chief determinant of the variety of approach to the procurement of construction services. Construction procurement is absolutely crucial to the delivery of a project on time, budget and high quality. Good procurement is synonymous with the success of the project (Fewings 2013). Suicide bidding relating to a very low bid at a tender age, spending, over budgeting and ex ended time frames may all lead to poor standardization. The loss of knowledge about procurement may cause clients to incur unnecessary additional costs that could be avoided by choosing the right method of procuring. Construction is also prone to other conditions such as weather, labo r availability, finance, topography, ground conditions, and logistics. Selecting the absolute optimal and most effective method is difficult as reliance is more based on past statistical evidence. The clients order the construction that may be for sale or for any other usage. The construction procurement basis include determining the criteria for the project, setting contractual framework, setting tender and selection process, inviting the tenders and awarding a contract. There are key priorities that are maintained, that is, standardization, sustainability, reduced cost of procurement and public accountability (Fewings 2013). Standardization There is a legal framework provided for since the conception of contract formation to its execution. The comparison of the standard of building is outlined in the construction contract law. There are qualities checks of the building process that have to be maintained. This includes efficient completion of the project within an agreed time frame . Execution of a construction project is a team work between the clients. The contractor and the consultant therefore advocate for the three or more parties involved to have mutual agreement on the responsibility and roles of each other for successful completion of the project. Sustainability It applies for both physical positioning of structural connections, structural beams, walls, roofs and foundation. The bilateral symmetry and articulation of the design is greatly considered during construction. Sustainability may also be mental, the willingness of the contractor to complete the project in good timing. Reduced cost of procurement All factors of production are taken into consideration during the procurement process. The main aim is to maximize efficiency and consequently, minimize delay. Public accountability The public does a follow up on the ongoing project. This is essential as the critic is deemed necessary for maximum productivity in a unique and efficient way. Importance o f construction procurement (i) Greater skill of worker The regular repetition of an undertaking by an individual firm makes its performance routine.

Saturday, October 5, 2019

English - Tablet vs. Laptop Essay Example | Topics and Well Written Essays - 750 words

English - Tablet vs. Laptop - Essay Example The latest in this competition is the laptop and the smaller more stylish tablet. Will the tablet drive the laptop into oblivion? Many variables come into place in that debate. This article views the debate from the standpoint of a tablet; a stylish, portable media device replacing a laptop, a portable computer. In the process of doing so we will initially examine the difference between the two based on the below factors. Price Portability Features From this evaluation, the essay hopes to provide (to also provide) a reasonable explanation as to why a tablet is not a computer. Competitiveness of Laptop and Tablet in Pricing Price is a very important factor for any product from a consumer point of view. It is dependent on many factors and is relative to usage. When we examine price based from the standpoint of functionality alone and we can see that laptops have an edge over tablets on this aspect. Pricing details of the Laptops: Laptops vary in prices and can be customized accordingly . Laptops are definitely cheaper than tablets due to a few reasons. One of the main reasons for this is that Laptops have been in the market for a long time and have been evolving to meet consumer demands. Today, the commercial side of laptop making is not only restricted to original design makers, thus, the need for competitive pricing has risen. You can get a net book with all the basic computing needs for as low as $350. The price range varies depending on features and this can be tailored according to usage needs and consumer needs. When tailoring a laptop to meet the usage demands based on memory and features, the price paid for one laptop can sometimes buy two tablets. However, when we get to this price point from the standpoint of a computer versus a portable media device, Laptops win. The Cost Front of Tablet: Tablets are costlier than laptops but it is worth the price as it provides impeccable facilities. The technology of a tablet has been under experimentation for a reall y long time. The tablet as we know came in 2010 when Apple Inc. released the Ipad, which was more media centric than PC centric. One of the main reasons for this has been to justify the price with the functions. The difference between the two is explained below. Since 2000, Microsoft has been experimenting along the lines of a tablet PC that works on a different Operating System (OS) as compared to a regular laptop. A tablet uses a lot of specialized technology in its venture to offer sophisticated features and increase portability while not reducing the PC experience. However, it has not been possible so far to create a PC tablet that can justify the price. The current tablets do not justify the price when looked at from the standpoint of the limitations in that particular functionality. Which Comes Best in Portability The need for portability is probably one of the driving factors for technological innovations. Here again the focus is on functionality and we can see that while tab lets are definitely more portable that even the smallest laptops they do not have all the functionality that a laptop as a computer can offer. What are laptops in Portability factor? Laptops are meant to be portable but are not that great when compared with tablets’ portability. With the fight to make things as pocket sized as possible, there are now new laptops that are small and lightweight, without too much compromise on screen resolution. When looking at portability we also have to look at it from the standpo

Friday, October 4, 2019

Equal Opportunity in Education Essay Example for Free

Equal Opportunity in Education Essay The whole object of education isto develop the mind. (Sherwood Anderson) The United States of America has developed a system to educate its youth by a publicly funded system. It is the law and born civil right of each citizen to attend some form of education by a particular age. The public school system is set in place for those who choose not to send their offspring to private, religious, or charter schools. This is the present incarnation of the public school system. It is said to be equal in all manner throughout the country. That has not always been the case in this nation. That has brought forth numerous laws and enactments to grant those who find themselves on the lesser side of gaining knowledge more of an equal footing where education is concerned. In this land of opportunity, there is an expected level of availability that is expected. In a world of intense competition from within and outside of the country education one of the few ways of balancing the scales of the socially or monetarily disadvantaged is proportionate education. In this nation children have at one point or another in history been systematically held back for one reason or another. The reasons differ in the once beliefs that they were not able to learn or personal thought of not being worthy to be taught. In 1896 Plessy vs. Ferguson granted the states the right to uphold the separate but equal doctrine that ruled the land. This was a great lost to all those that held a hope those later generations would do better than those who came before. Education began to become more balanced when separate but equal was pushed aside by the landmark case of Brown vs. The Board of Education. In 1954 The Supreme Court ruled in favor of Henry Billings Brown. This would begin the integration of public school which was the first step into equal opportunity for students nationwide. The Title I of the Elementary and Secondary Education Act of 1965 was the next big step creating a system that would seek a fair learning experience for all. Its basic notion is that state and local funds for schools should be equitable before federal Title I funds are added to schools with large concentrations of low-income students. (americanprogress.org) The Title I funding has a slight problem in its workings that has been a detriment to the children who attend these schools. The amount of money allocated to the schools is based on the salaries of the teachers. That is a problem for schools with a high turnover ratio. Schools that have moderately younger staff that is relatively new to the task of educating young minds make less than the veterans of the better school districts. This translates into less money per teacher and that equals less money for the school and the children. It is unfortunate that less money ultimately means less of educational opportunities. The fact is that children in low income areas do not receive a fair share of money. The student need is not met by the standards laid out by the government. Money is the root of a proper education in this high end technological world. Without proper funds the simplest of supplies cannot be purchased. Computers, books, calculators, or simple printer ink is not available on a scale that is considered suitable. The eventual sharing of materials is a detriment to the students who are not allowed to have their own because of lack of equipment ready for use. The civil rights case would eventually open the door for other minorities. One that would take advantage of the Brown ruling was those with disabilities. In Brown the Court declared that it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. (web.ebscohost.com.library.gcu.edu.) They would use this to rally their forces and demand equal opportunities for cognitively i mpaired children. Mills vs. the Board of Education of the District of Columbia and the Pennsylvania Association for Retarded Children vs. Pennsylvania were two cases that brought the plight of these students to the light of day. The law would be changed to give them the rights that they so richly deserved. The newest in leveling the field of education has come through the No Child Left Behind Act which was signed into being by former President George W. Bush in 2002. These reforms express my deep belief in our public schools and their mission to build the mind and character of every child, from every background, in every part of America. (George W. Bush, 2001) No Child Left Behind puts an emphasis on improving the quality of public education. It calls for increased accountability, more choices for parents and students, putting reading first, and a higher emphasis on standardized testing. However the standardized testing is one of the biggest problems of the act. The majority of teachers has a problem with the testing and calls it bias. They also put forth that the testing takes away from the true teaching of knowledge, rather they now teach to test. This makes the education of the nation less than competitive with other countries. To combat these problems in our ever changing world we must go back to the beginning. In that thought process society must rethink its past transgressions. The country must avoid the same mistakes of the past. Politicians are not the ones who should make the decisions to lead the future of United States of America. Educators should be in charge of educating the youth. Those who have spent their lives gaining knowledge to teach the children of their world should be tasked with the job of finding a way to educate equally. This task should be given to those who best fit the job description. The assignment should be outsourced if it is needed. Other countries excel in education and this nation could learn from those who educate on higher levels. Educating the masses on a more equal platform will only add to greatness. Reference Quotes on Education (n.d.) Retrieved May 20, 2011, from http://www.lhup.edu/~dsimanek/eduquote.htm Ensuring Equal Opportunity in Public Education (n.d.) Retrieved May 20, 2011, from http://www.americanprogress.org/issues/2008/06/comparability.html Plessy v. Ferguson (n.d.) Retrieved May 20, 2011, from http://en.wikipedia.org/wiki/Plessy_v._Ferguson OVERVIEW Executive Summary (n.d.) Retrieved May 21, 2011, from http://www2.ed.gov/nclb/overview/intro/execsumm.html The Need for Equal Opportunity and a Right to Quality Education (n.d.) Retrieved May 21, 2011, from http://web.ebscohost.com.library.gcu.edu:2048/ehost/detail? Equal Opportunity (n.d.) Retrieved May 21, 2011, from http://web.ebscohost.com.library.gcu.edu:2048/ehost/pdfviewer/pdfviewer An American perspective on equal educational opportunities (2002) Retrieved May 21, 2011, from http://web.ebscohost.com.library.gcu.edu:2048/ehost/pdfviewer/pdfviewer?

Thursday, October 3, 2019

The Strengths And Weaknesses Of Case Law Law Essay

The Strengths And Weaknesses Of Case Law Law Essay From using theory of doctrine of judicial precedent, I can conclude that using case law as a source of law brings more advantages than advantages. There are many strengths and weaknesses which we can identify from it. Based on using judicial precedent principle, it can bring us uniformity which means everyone is treated equally due to the bound decision made by the judges previously in similar situation to the future cases. Since it is bound by the pervious case, and thus same decision will be made and equal punishment will be punished for those who loss the case bases on the past cases. Example like Balfour case  [1]  and Merrit case  [2]  , where the decision made in Merrit case is bound to the Balfour case. It can be used by lawyers as a reference to create certainty which allow them to advice their client for the probability of winning and losing a case by forecasting the predictable result of the case based on the binding result of the previous case. The predictable result and probability of losing a case allow the client to settle it with privately with peace. If the probability of winning a case is higher, it satisfy the client with higher confident. Example for Balfour case and Mer rit case, since there are similar case occurred in the past, the lawyer can actually based on the previous case advice Miss Merrit about the percentage of winning the case. Furthermore, using case law as a source of law enables the judgment of the case to be settling in short period because of the binding precedent which is much more efficient. Shorter period of settling a case will reduce the legal cost paid by the client. Example for Balfour case and Merrit case, since there are similar facts between both cases, therefore less time and cost needed for judging that case. Using binding precedent concept, it totally avoid discrimination whereby the The personality of judges will not influence the outcome of dispute in court as the decision made by the judges is bound to follow previous decisions. Whether they are discrimination between the judges towards the plaintiff or defendant, the judges still have to follow the binding decisions. Example for the Merrit case, if the judges know the plaintiff, the decision made will be still bound with the Balfour case. This can provide a fair judgment of case for either defendant or plaintiff. Moreover, if there are certain case with are unbinding, this can provide the opportunity for the judges to create and modified new rules. If the previous rules made canà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t meet the new circumstances and the changing need of society, new rules can be created or modified by appealing the cases to the Court of Appeal. Example of case Donoghue v Stevenson  [3]  which creating the new principle of neighbor to clarify the duty of care in more details compare to previous case Heaven v Pender  [4]  . By using judicial precedent concept, it can minimize the mistake made by the judges since they can use the similar case as guideline for them to judge the case. This can reduce the possibility of judges making mistake and contribute to the fair judgment of case. Last by not least the most important advantage is that the decision made are unusually practical and workable in nature because it is based on real problem, real people and real situation which is unlike the legislation created by the Parliament which not all the decision are practical and workable in nature. Everything must have their weaknesses behind of the strength. Judicial precedent is good but something it can be rigidity too which means not flexible. If there are similar case occurred in the past, we have to follow the first precedent although which may sometimes cause hardship. There is no flexibility to change the first precedent once it is created. Although the decision is bad, it is binding until it is overruled. Example of case Donoghue and Stevenson which the plaintiff unable to successfully sued the defendant if plaintiff did not make appeal to the House of Lord to overruled the decision. There are too many cases occurred in the past. It is bulky and complex for the lawyer to learn all the case law since there are too many cases occurred in the past. If similar case occurred, the lawyer has to analyze many factors that are different from the first precedent in order to overruled it and win in the case. The nature changes rapidly. We have understood that the judicial precedent is practical in nature. However, the rapid changes in the nature which are too difficult for the body of case law to grow quickly enough to meet the modern demands. If there are new points in case law and which have the potential to overrule the first precedent, the case must be brought to the court of appeal. There are a lot of procedures that have to be done before appealing and thus it cannot be change in the short term period. Example of case Donoghue v Stevenson, the procedure is too long for the plaintiff to make appeal to the Court of Appeal and even House of Lord, the defendant died within the period, and the case was closed. The judicial precedent system depends on the litigation and litigation tends to be slow and expensive since there are many procedures have to be done. Moreover, from the judicial precedent, we know that only the ration of case is binding in a case. However, the problems are that s ometimes it is difficult to check it out which it is the ration decidenti and which the obiter dictum of the case is since we know that obiter dictum is only comments from the cases and it is only for references purpose. Citation: Business Law lecture notes http://sixthformlaw.info/01_modules/mod2/2_1_1_precedent_mechanics/08_precedent_advantages_dis.htm

Wednesday, October 2, 2019

Essay --

Whether it is a manmade or natural disaster, it definitely includes risk, vulnerability, and hazards. The characteristics of a disaster or unpredictability, unfamiliarity, speed, urgency, uncertainty and the threats writes wicked story of destruction on the earth. Disaster management and defense system: Dealing with and avoiding the risks resulted through a disaster is known as disaster management. This operation includes preparation ahead of a mishap and disaster response. It is a long-term process which continues as an effort, sometimes a group effort, to runback the normal life process by avoiding or eliminating the scratches of the disaster. Individuals, communities or the social groups help themselves and others in disaster management through supporting and reconstructing the society. Natural disasters have no specific schedule or targeted place to happen as it happen anywhere, anytime. Yes, every local and central government has their own disaster management wings but they can’t guarantee you complete protection on-spot or on-time. Just ponder; you are enjoying a family vacation out station and sudden you get an alert of storm! In this situation, you are the only person to safeguard you and your family rather than a trained disaster management volunteer. So, all of us need to be prepared to prevent a harassing situation which is not mentioned in your day-planner. Disaster management and safety tips: The following safety tips for some critical natural disasters will help you a lot in future. Disaster management strategies for every type of disaster include a three stage planning and execution tactic i.e. before– during – after the disaster. Safety Tips for Earthquakes: Before earthquake: A safety plan plays a vital role i... ...dates from TV and radio. If you experience smooth jerks or found a crack is increasing in your wall, immediately leave that place to a safer place where you will be safe. Don’t stand under any buildings or river-side or on the border of a heap. After landslide: Don’t go near or into the slide areas just after the landslide as there should be risk of further slides. Help and organize relief operations for the trapped people. Check the condition of the home before living in it. For long-term solution, you can contact the geological department or local administration for developing an evacuation strategy. To protect the greenery, health and wealth, a strong action plan against manmade disasters and complete knowledge regarding natural disasters is required. Education awareness in Odisha is a helpful stuff to spread the voice of safe environment among the common people.