Contract memorandum Essay

Teri is a firefighter who lives and works in Boston, Ma. She is selling her home and found a buyer named Jack. Teri received an offer from Jack for $300,000. Teri accepts the offer and they sign a contract to that effect. After the contract is signed, Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court, asking for specific performance in accordance with the original deal. Teri argues that, although specific performance is usually appropriate in land sales contract cases, the judge has the discretion to deny specific performance. ISSUE #1: Whether Jack is due specific performance? RULES: In Raynor v. Russell, 353 Mass. 366 (Mass. 1967), a police officer had entered into a contract to sell his home. The police officer was planning to move to property in a town more than ten miles from the city, but because a certain statute was accepted by the city in effect requiring its police officers to live within ten miles of it, was not an adequate ground for denying specific performance of the contract sought by the purchaser in a suit in equity. Also stated in Raynor, The court held that †the prospective purchasers were entitled in lieu of the relief granted by the final decree to specific performance upon payment of the purchase price less the amounts already paid as a deposit, as well as interest thereon.† The court also concluded that â€Å"there was not any hardship shown sufficient reason for denying specific performance.† The court held that because specific performance was to be granted, the price set by the oral agreement made by the buyers must be paid. In Joseph A. Cardillo Revocable Trust v. Cardillo, 17 LCR 55 (Mass. Land Ct. 2009), is that Joseph seeks specific performance of the agreement and an order that Charles be compelled to convey the subject property to Joseph for a consideration of $ 125,000. Specific performance is also permitted when the buyer reasonably relied on a contract and the continual assent of the selling party and the buyer’s position has been changed for the worse. Also stated in Joseph, the court ordered â€Å"specific performance of a written agreement between two brothers dividing up a plumbing business that included the purchase by one of the brothers of the other’s 50% interest in the business real estate held by the two as tenants in common.† ANALYSIS: A Judge will grant specific performance in a land or real estate deal as stated in Raynor,†the purchasers were entitled of the relief granted by the final decree to specific performance upon payment of the purchase price less the amounts already paid as a deposit, as well as interest thereon.† Since Teri had signed a contract with Jack the Judge should grant Jack specific performance based on the original agreement. As stated in Joseph, Specific performance is permitted when the buyer reasonably relied on the contract with the seller and the buyer’s position has changed for the worse. CONCLUSION: Therefore, specific performance is not a strict and absolute right and it rests in sound judicial discretion. Jack should receive specific performance because of the duty owed him in the original signed agreement. ISSUE #2 However, will Teri’s circumstances cause the judge to use his discretion and deny specific performance? RULES: In A. B. C. Auto Parts, Inc. v. Moran, 359 Mass. 327 (Mass. 1971), the plaintiff appeals from a final decree in the Superior Court denying specific performance of an alleged oral contract to sell property in Cambridge and ordering the return to the plaintiff with interest of the deposit it paid to the defendant concurrent with the alleged making of the contract. In order to entitle the buyer to specific performance on a contract of sale, it is necessary that the buyer tender the purchase price to the seller on behalf of the buying corporation within the reasonable time implied by law unless the seller evidences an unwillingness or inability to convey. Also stated in A.B.C. Auto Parts, the court stated that â€Å"in order to entitle him to specific performance on this contract it was necessary that Kagan tender the purchase price to the defendant on behalf of the plaintiff corporation within the reasonable time implied by law unless the defendant evidenced an unwillingness or inability to convey.† There was evidence that Kagan was ready, willing and able to perform, and this was all that was required in the circumstances. ANALYSIS: The Massachusetts Superior court may deny specific judgment as stated in A.B.C. Auto parts, an order Teri to return the deposit with interest to Jack concurrent with the making of this contract, if the judge uses his judicial discretion in doing so. CONCLUSION: Therefore Jack is due his duty of specific performance because of the binding contract that he had with Teri. However, the judge may use his discretion and deny the specific performance to Jack and require the return of Jack’s deposit as stated in A.B.C. Auto parts. It is to the judge’s judicial discretion.

Best Friend

I am always really impressed and excited by the girlstudents wearing Ao Dai coming out of schools every where in the city at the end of class time. That image is indeed beautiful and so rich in the Vietnamese culture! However, we may be forgetting such a lovely image because of the current tendency for cultural intergration . The white Ao Dai has been gradually replaced by the self-designed skirts matched with shirts as usually seen in the Korean or Japanese movies . Seeing this reality, we, highschool students support the concept of maintaining the Ao Dai as the official uniform for highschool girlstudents. Introduce members of group) So why do we should keep using Ao Dai as school girls’ uniform? 1. First of all, the Ao Dai is a kind of dress that represents most deeply the nationality of the Vietnamese people. People never take the Vietnamese Ao Dai for the Japanese Kimono, for the Korean Hanbok or the Chinese Xam gown. With a long history related to that of the development of the Vietnamese people, the Ao Dai has become a typical tradition, rich in national cultural essence. In other words, the Ao Dai is the national costume for the Vietnamese women.That is why female delegates, leaders’ Ladies dress themselves in Ao Dai at the national or international conferences in order to affirm the sense of national superiority. The contestants for the global beauty contests always wear Ao Dai to promote the Vietnamese image. Right in our country, every day, every hour do we see the Vietnamese women in the national Ao Dai at hotels, restaurants, banks, post offices, schools and offices as well. The Ao Dai bears in itself the image of a country, Vietnam with an abundant cultural core. . The Ao Dai not only symbolizes the national tradition, but also glorifies the beauty of the Vietnamese women, especially the white Ao Dai has been connected with the softness and purity of the Vietnamese girlstudents for long time. With the simple but fine features, the pu rely white Ao Dai brings about the sense of nobility for highschool girlstudents. No one can forget the image of the girlstudents of Dong Khanh Highschool on their way back home. That image has been the endless inspirations for writers and poets since then.Young girlstudents may like the youngness and the modernity of the new fashionable uniforms, but the Ao Dai is always the best choice for the dress that represents the dynamic and modern aspects of present-time girlstudents, but still keeps the non-mistakable of the Vietnamese women. 3. Finally, the Ao Dai honors not only the external beauty but also the internal beauty of the Vietnamese girls’soul more than any other costumes. To some extents, the dress we wear influences our behavior. In this sense, the Ao Dai has educational value.In the white, charming Ao Dai, the girls’ conducts, speech, attitudes and manner are even more valued. That is the thought of holding a representative,and national image ,the preservatio n and the development of the cultural values for the nation. The educational aspect of the Ao Dai not only spreads over the grirlstudents but also over the community . Every day, at any time we can happen to see the Ao Dai on any streets in the city: that is not just a beautiful image , but it is a symbol that reminds people of the typical, traditional, cultural beauty and profound, national sense of superiority.Consequently, for its national, educational and aesthetic values, represented in the girlstudents’ Ao Dai, we strongly recommend the Ao Dai to be the official uniform for highschool girlstudents. Vietnam being in its process of renovation and intergration; we may easily leave the traditional beauties behind. For this reason, we should not allow the imported foreign fashions or styles to bring the Ao Dai into decadence. Beautify ourselves and our city with your white alluring Ao Dai! Toi v? n luon ? n tu? ng va xuc d? ng khi m? i gi? tan tru? ng, nh? ng ta ao dai tr? n g c? a cac b? n n? sinh ua ra kh? cac n? o du? ng thanh ph?. Hinh ? nh ? y th? t d? p va d? m ch? t Vi? t Nam bi? t bao. Th? nhung, v? i xu hu? ng van hoa h? i nh? p hi? n nay, chung ta dang d? n m? t di m? t hinh ? nh d? p nhu th?. Chi? c ao dai tr? ng dang d? n b? thay th? b? i nh? ng b? d? ng ph? c t? thi? t k? , di? n hinh nhu cac ki? u vay k? t h? p v? i ao so mi ma ta v? n thu? ng th? y trong cac b? phim Han Qu? c hay Nh? t B? n. Tru? c th? c tr? ng nay, nhom h? c sinh chung toi mu? n th? hi? n quan di? m v? vi? c chung ta nen duy tri vi? c s? d? ng ao dai nhu d? ng ph? c c? a h? c sinh trung h? c. (Gi? i thi? u nhom)V? y t? i sao chung ta ph? i duy tri vi? c s? d? ng ao dai nhu d? ng ph? c c? a cac n? sinh? 1. Tru? c h? t, ao dai la trang ph? c th? hi? n tinh dan t? c sau s? c c? a ngu? i Vi? t Nam. Ngu? i ta khong th? nh? m l? n ao dai c? a ngu? i Vi? t v? i kimono c? a ngu? i Nh? t, hanbok c? a ngu? i Han hay su? n xam c? a ngu? i Trung Hoa. V? i l? ch s? lau d? i g? n li? n v? i l? ch s? phat tri? n c? a dan t? c VN, ao dai da tr? thanh m? t net truy? n th? ng d? c trung, d? m da b? n s? c van hoa dan t? c. Noi cach khac, ao dai chinh la qu? c ph? c c? a ngu? i VN. Do la ly do vi sao ? cac h? i ngh? qu? gia hay qu? c te, cac n? d? i bi? u hay phu nhan cac nha lanh d? o v? n m? c ao dai d? kh? ng d? nh s? t? ton dan t? c. Cac d? i di? n tham gia cac cu? c thi s? c depk toan c? u luon mang tren minh chi? c ao dai VN d? qu? ng ba hinh ? nh Vi? t. Ngay ? d? t nu? c chung ta, hang ngay, hang gi? chung ta d? u co th? nhin th? y hinh ? nh ph? n? Vi? t trong chi? c ao dai dan t? c ? cac khach s? n, ngan hang, buu di? n, tru? ng trung h? c va cac co quan khac. Nhu v? y, co th? noi r? ng ao dai da mang tren no hinh ? nh c? a c? m? t d? t nu? c Vi? t Nam d? m da b? n s? c van hoa. 2. Ao dai khong ch? ang d? m tinh dan t? c ma ao dai con ton vinh v? d? p c? a ngu? i ph? n? Vi? t Nam va ao dai tr? ng da g? n li? n v? i s? d? u dang, net trong sang c? a ngu? i n? sinh Vi? t t? r? t lau r? i. V? i s? don gi? n nhung tinh t? , chi? c ao dai tr? ng tinh khoi mang d? n c? m giac thanh thoat cho cac n? sinh trung h? c. Khong ai co th? quen du? c hinh ? nh n? sinh D? ng Khanh ngay xua m? i khi tan tru? ng v?. Hinh ? nh ? y cung la ngu? n c? m h? ng cho r? t nhi? u cac thi si tru? c day cho t? i t? n bay gi?. Co th? net hi? n d? i va tr? trung c? a nh? ng ki? u d? ng ph? c m? i khi? n cac b? n n? inh yeu thich, nhung d? v? n v? a th? hi? n tinh nang d? ng, hi? n d? i c? a n? sinh th? i nay ma v? n gi? du? c net d? p khong th? nh? m l? n c? a ngu? i ph? n? Vi? t, ao dai v? n luon la s? l? a ch? n t? i uu nh? t. 3. Cu? i cung, hon b? t c? m? t lo? i trang ph? c nao, ao dai khong ch? ton vinh v? d? p ben ngoai ma con nang cao cai d? p tam h? n ben trong c? a ngu? i con gai Vi? t. B? ng cach nay hay cach khac, trang ph? c ta m? c luon co ? nh hu? ng t? i hanh vi c? a ta. Ao dai co tinh giao d? c theo cach nay. Trong nh? ng ta ao dai tr? ng d? p nh? nha ng, y th? c v? c? ch? , thai d? cach di d? ng va l? i noi c? a cac b? n n? sinh cung du? c nang cao. Do chinh la y th? c v? vi? c gi? gin m? t hinh ? nh d? i di? n c? a m? t dan t? c, la b? o t? n va phat huy nh? ng gia tr? van hoa c? a d? t nu? c. Tinh giao d? c c? a ao dai con co tinh ch? t lan t? a b? i khong ch? rieng cac n? sinh ma toan th? xa h? i d? u du? c giao d? c y th? c. B? i l? , hang ngay, c? m? i gi? d? n tru? ng hay tan h? c, ngu? i ta d? u co th? b? t g? p m? t ta ao dai tr? ng nao do tren b? t ki m? t n? o du? ng nao trong thanh ph?. Do khong ch? la m? t hinh ? nh d? p ma con la bi? u tu? ng nh? c nh? m? ngu? i v? cai d? p van hoa truy? n th? ng d? c trung va long t? ton dan t? c sau s? c. Nhu v? y, b? i tinh dan t? c, tinh th? m m? , va tinh giao d? c th? hi? n ro qua chi? c ao dai n? sinh, chung toi d? cao vi? c duy tri s? d? ng ao dai nhu d? ng ph? c h? c sinh ? tru? ng THPT. D? t nu? c cang d? i m? i va h? i nh? p, chung ta cang d? dang m? t di nh? ng net d? p truy? n th? ng. V? y nen d? ng d? nh? ng thi? t k? th? i trang ngo? i nh? p lam ao dai n? sinh c? a chung ta b? lang quen. Hay t? lam d? p chinh chung ta va lam d? p c? thanh ph? nay v? i nh? ng chi? c ao dai tr? ng c? a cac b? n!

The Way of The Musical In Turbulent Times Essay

The Way of The Musical In Turbulent Times - Essay Example There are many times in the history of the United States where turbulent times brought a need for ways to refocus the attention of the people towards something more pleasant. One way that has worked throughout time is musical theatre. Generally, each era of turbulence has shown a variety of musicals that dealt with the issues of that time. Some were done for the "feel good" quality to help audiences escape from the turmoil of the world's problems for awhile. In other eras the musicals were more political and dealt with issues of protest using parody and sarcasm to get people to look at the political issues of the time. Within the last several years, as the country deals with a global economic crisis that is uncertain, musicals have become popular again as a vehicle of escape. This research will explore musical theatre and movies from 1920 to the present time. It will explore specific musicals and periods of history that produced a significant turbulent time and how these times effect ed and influenced the audiences.

Why and in what ways did the Oxford Movement make an impact on Essay

Why and in what ways did the Oxford Movement make an impact on religious life in England - Essay Example Their influences were felt in the spiritual and doctrinal levels.1 The Oxford movement brought to the forefront some of the problems within the Church of England. One of the major forces that caused the movement occurred in the year 1832 where there was the passage of the Reform Act. This Act required that ten Irish bishops be eliminated from the Church. One of the major participants of the movement was John Keble. He voiced his objections against that reform and even described it as a form of apostasy by the nation. He voiced these complaints in a Sermon at Oxford during the year 1833. The leaders of the Oxford movement felt that adherents to the Anglican faith were not as devoted as they should be to the church and the clergy. Standards of worship had declined and something needed to be done in order to change this. They also felt that tradition no longer formed a central part of worship and there was a need to return to that. The movement protested against involvement of the government in matters of the Church. This was highlighted in the famous sermon of 1833. Newman asserted that the church was a holy institution and as such should be left to run its own affairs without interruptions from external bodies. He also spoke against the way the government had ruined the apostolic succession principle which required that bishops should be succeeded in a religious and not a political manner.2 Leaders of the movement were also instrumental in making the people of England realise that there were certain linkages between the Church of England and the Roman Catholic Church. These beliefs caused the formulation of the Branch Theory in which The Orthodox, Anglicans and Roman Catholics were termed as branches of the real Catholic Church. These movement’s leaders compared some elements of the Church of England and the Roman Catholic Church to prove the latter fact. They asserted that the 39 articles of their church and the Council of Trent were one

Health Campaign Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Health Campaign - Research Paper Example food safety and physical activity, though according to the overview results they mainly impact academic achievements of students from the target groups. Harris County Hospital District, official authorities, HCPHES, school administrations and volunteers from the target communities certainly try to change the situation for better. Nevertheless, their efforts are uncoordinated and not widely-advertised, that’s why local Hispanic and African-American communities are not involved in it properly. Thus, to improve current situation in Harris County an efficient Health Campaign is required. To establish this Health Campaign detailed statists is required, because organizes should be well-aware of quantity of the target groups, its basic needs, socio-economic status, health-related problems etc. In 2009 Harris County population included circa 4,070,000 residents; absolute majority (98%) lives in urban zone. Thus, large distances and transportation will not hamper arrangement of the health campaign. Both African-American (18.5%) and Hispanic (32.9%) communities make 50% of total population, that’s why the campaign must be large-scale and involve all abovementioned interested parties. (Appendix A) â€Å"According to the US 2005 American Community Survey, both the HA (14%) and the AA (12%) populations are represented as minorities.† (Talpade, 2008) Using CDC BRFSS, the campaign organizers can make a brief comparative analysis of general health status in the county with Healthy People 2010 objectives. As for improvement of daily ration and weight management, average weight of men makes 190 pounds, for women – 159 pounds. (CDC BRFSS, 2004) It means that obesity rate in the county is above average US obesity rate. 57% of residents drink alcohol more than twice per month and 40% smoke quite regularly. Thus, majority of members of African-American and Hispanic communities do not follow healthy diet and prefer fast-food or semi-finished products from the supermarkets.

History Essay Example | Topics and Well Written Essays - 1500 words - 21

History - Essay Example On the other hand John Locke in his book the Second Treaties proves that an individual should have his own identity and thoughts. Moreover Karl Marx in his book â€Å"Communist Manifesto† mentions his view against capitalism. According to Marx, Locke’s documentation resembles more like capitalism. This essay brings out some important evidences about the argument of Locke against the interest of monarchs as represented by Machiavelli and Marx’s argument against capitalism as represented by Locke. As per the documentation and evidences mentioned by Locke in his book the â€Å"Second Treaties† there should be self dependency and individual rights assured to every people in a society. Locke did not argue literally about the monarch rule as represented as an interest of Machiavelli. Locke represented his ideologies about various aspects of the society during his period. Locke’s documentation seems argumentative by readers because of some lines mentioned in Chapter 3 of his book which is the state of war in his book. It says that â€Å"The Prince, who is a ruler, must control his people even by any ruthless means. By this statement Locke did not actually argue about Machiavelli’s interest he just wanted people to think differently and he wanted the society to be less dependent on some one. He wanted people to be perfectly free and one person should not be subjected to another person’s authority without his or her permission. However, according to Mach iavelli the world is full of people who are unworthy and can-not be trusted. If power is given in hand of common people they will end up making the society a worst place (Fukuyama 29). Hence people should be under the command of a leader who has a vision higher and greater than anyone else and a king should be able to take greater responsibilities. A ruler should not show kindness and mercy on each and every person as it can lead to social disturbance and can lead to developments of traitors. The

Commemorative speech on Princess Diana or Presentation

Commemorative on Princess Diana - Speech or Presentation Example The outrageous, unusual and fascinating life styles of princesses have always been under limelight. But it’s not at all easy to spend a life of legend. One such example is Princess Diana. She was a kind hearted, devoted and loving woman. As I overview her life, I realize the importance of her role as a magnificent Princess and an icon. She was a perfect mother of Prince William and Prince Harry and a devoted Princess of Whales. As I go through the kaleidoscope of her life, the most prominent feature of her personality which enhances our emotional attachment with her is the heighted sense of serving. Although the kind lady had an iconic presence on the world’s stage still she never ignored her routine of visiting schools, nurseries, hospitals and other public places. She soon became the lovely lady of her people who was involved in charity work. The charismatic and donated lady’s efforts for land mining were appreciated worldwide. Her role for the AIDS sufferers w as highly admired by the public. It was her biggest achievement. She succeeded in realizing people that contact with the patients was risk-free by shaking hand with them. Whenever you need a compassionate buddy, she was there to help and console. She said: â€Å"Nothing brings me more happiness than trying to help the most vulnerable people in society. It is a goal and an essential part of my life - a kind of destiny.

Vibration of two degree systems (Aircraft wing) Essay

Vibration of two degree systems (Aircraft wing) - Essay Example Above such a critical speed, an accidental deformation of the fin/wing will lead to a large angle of twist (torsion). This critical speed is called the divergence speed, and the fin/wing is said to be torsionally divergent. Rocket fins should be designed so the divergence speed is never exceeded at any altitude during the flight. FLUTTER VELOCITY: Flutter is a dynamic instability of an elastic body (wing or fin) in an airstream and like divergence the only forces necessary to produce flutter are those due to the deflection of an elastic structure from its initially un-deformed state. The flutter velocity or critical speed UF and frequency F are defined respectively as the lowest airspeed and corresponding circular frequency at which an elastic body flying at a given atmospheric pressure and temperature will exhibit sustained harmonic oscillation. When there is no flow and the rocket's fin is disturbed, say, by a poke with a rod, oscillation or vibration occurs, which is damped (reduction of amplitude caused by structural resistance) gradually over successive vibration cycles. When the speed of flow is gradually increased, the rate of damping of the oscillation of the disturbed fin increases at first. With further increase in rocket velocity, however, a point is reached at which the damping rapidly decreases.

IT (information technology) way in reducing time and cost overruns in Research Proposal

IT (information technology) way in reducing time and cost overruns in Malaysia Construction Industry - Research Proposal Example These problems effect to the productivity of construction industry. There are several problems caused by the manpower, quality of productivity and time. There is a lack of trained manpower. In Malaysia many contractors do not have good skills in engineering construction. More ever there is a problem of good management. So as a result mostly constriction projects in Malaysia do not follow the proper timetable. There is a lack of trained manpower in Malaysia so information technology has a great significance in making lives simpler and easier. So Malaysians industry should use Information technology as a weapon against all these problems. Having a good technical skill in construction can produce remarkable results in the output. At the end in the forms of table, it shows that the out after the implementation of information technology in the domain of construction on Malaysia enhanced rapidly and in the future the out put of these construction projects would be much better as compared to today. In the 1980s, the relationship among information technology and the productivity became a source of debate. The amazing improvements in the underlying capabilities of computers proved that now it is nearly impossible to estimate their effectiveness in order to increase productivity in any field. Recent research in the field of information technology is indeed more encouraging. There are several researchers who documented positive effects of information technology in the construction industry as well. Information technology is a key component that plays an important role in order to minimize cost overrun Cost overrun is the common term that can be seen in the in projects of infrastructure, and building. It has been estimated that average cost overrun was 43 percent; nearly 71 percent of projects were over budget, over time, and under scope. So it is very necessary to involve information technology to handle

Chinese Philosophy Essay Example for Free

Chinese Philosophy Essay Human being is by nature a dynamic being, whose tendency to evolve is manifest in history, archeology and other disciplines that have put human development and progress in focus in the course of evolution and so does the society / community in which he resides. Heraclitus, an ancient Greek philosopher, once stated; â€Å"As they step into the same rivers, different and still different waters flow upon them† (qtd. in Snooks 1). In line with this saying, we may say that change is something that is part of nature. Many of the activities of communities can address, embrace or resist change. In order to manage the various incidents and conditions that are experienced by man and his society, various instruments and frameworks are devised. In the case of the Chinese society, a number of philosophical standpoints were developed in a bid to confront the challenges facing China. This paper endeavors to examine Confucianism, Daoism, Mohism and Legalism as the instruments put in place by the Chinese in response to the wars that China was experiencing, especially in regard to leadership in a society. Confucianism Confucianism puts quality on the ability of the human being to achieve, through self introspective processes, a state of inner harmony and moral uprightness, which can elevate the individual from the stables of a common person to a noble person. Confucias (541 – 479 BCE) was China’s first moral philosopher who linked moral behavior to traditional roles and hierarchies. He linked the Zhou order that was deteriorating and believed that all should understand and accept their role in the society. This system of thought is good in so far as it has faith in the human being as being capable of managing his own destiny, and being able to change for the better. Confucianism gives an individual member of the society a chance to take responsibility for creating and maintaining harmony in the society, by having it entrenched in the individual countenance that recognizes nobility as a state that can be achieved by an individual, without anybody being able to gain it through ascription or inheritance and this is not closely attached to the exercise of political power per se (Barry et al. 24) In China where many communities were vying for political dominance, Confucianism offered a window for the restoration of order through self cultivation, oriented toward achieving a noble state, in spite of the person’s social extraction. This, as a philosophy that sought to bring harmony in the warring Chinese society, worked toward the establishment of personal moral uprightness, which in turn would affect the way people related to one another, especially in their relation to leadership. If the society regarded nobility highly, then the noble people, having cultivated themselves effectively; would have their influence in the society to steer clear of war, or to effectively lead the people in better battle campaigns against their adversaries. If on the other hand, the Chinese society was to transform itself into a nation of noble people according to Confucian principles, then everybody would maintain the peace, because people would look at each other with more humility and kindness. The Confucian noble is thus, one who is able to provide leadership without really reigning or ruling. Confucianism can also be seen as a direct response to insensitive leadership during the war period, and thus, a system to try and impress the virtue of good leadership amongst the rulers of the time (86). This was done in such a way that it did not threaten as much, the social structures prevalent then, hence the Confucian recognition of the social hierarchies, and insistence on the citizenry to uphold respect for the superiors. Of course, war is a period when it matters to positively receive instruction and commands from the superiors. Daoism While Confucianism promotes the practice of self improvement in line with the argument based on natural evolution of the human species, Daoism on the other hand places all human effort in the search for knowledge and purposeful transformation in the realm of vanity. Daoists wanted the governments not to override their lives and were interested in the spiritual aspect of human existence. The temptation to dismiss this school of thought prima facie is quite high. This is due to the natural orientation of man to take responsibility of his destiny and the natural tendency to seek a better life, to marvel at nature and to try to influence it so as to satisfy personal needs. In that respect, one would expect that a working formula has to emphasize man’s rationality and his wants and needs, as the central pillars of his push toward creating his own history and having dominion over his environment. On the other hand, Daoism offers a situation where, as a country at war, the Chinese had an opportunity to re-examine their value systems and act accordingly. The Daoist concept of being in harmony with nature and not struggling to bring about change could be looked at as a peace strategy. This is because wars are naturally fanned by human desire to achieve something that humans feel is of ultimate importance to them. Wars also spring out of humans’ questioning of things and hence inventions of valuable things (which they desire so much). Humans would also like to either wrest from people who wouldn’t like them to possess the valuable items, or fervently protect the items from the people who would covet them. The need for man to change, to improve on things and to have an influence over his environment is a tendency that puts man in contention with the Daoist principle. If people followed Daoism, then they wouldn’t engage in a lot of questioning, which would bring about the escalation or perpetuation of the war. Their social relationships would be smooth, for all of them would be in harmony with nature, which would naturally take its course and not support of war. Daoist leadership would therefore be a laid back kind of leadership, with nature ‘taking care of itself’. The kind of transformation to come out of the society would therefore be premised on the Daoist fact that nature is capable of transforming itself, and man doesn’t have to take steps to interfere with occurrence of events. This however, would be criticized on the premise that change is something to be managed by the human being, by use of his intellect. Daoism as a leadership style would be an aloof kind of leadership, and during the war period, something deliberate had to be done, the solutions to the problems then were not just left to ‘fall from heaven’. To best illustrate this, Barry calls Daoists â€Å"†¦those who wandered off†¦Ã¢â‚¬  (48) Legalism This school of thought argued that strong government depended upon effective institutional structures not just the moral quality of the leaders. This could be described as the application of law for the benefit of the majority. Legalism thus becomes a system of reinforcement, with an emphasis on both positive and negative reinforcement meted out to the members of the society in order to discourage certain socially undesirable behavior according to the majority of people paying allegiance to the society in question (Ebrey Buckley 23). According to legalism school of thought, society is shaped through its reward system, with socially unacceptable behavior being punished for, with blessings from the social framework that awards certain individuals the power to dish out these rewards, without necessarily being seen to deny one or infringe upon their rights. This may help galvanize a society or community, which will in turn have a more prominent sense of identity and solidarity. Such a stand in a war situation is good for the purpose of gaining victory over the enemy. Legalism is quite an ideal system for bringing the society together in the face of a common enemy. This also gives the ruler the chance to act with speed, since legalism is a system that is responsive to the times; changing with circumstances and accordingly responding to the dictates of the time. War times need an atmosphere where there is quick action and response, and with the foundation that gives legality to what the rulers are deciding on behalf of their subjects. Legalism was therefore, an ideal philosophical grounding for individual Chinese communities during the time of war, for it is a system that can well serve the expedients of war. This comes in the light of the fact that the Chinese had developed government structures bequeath to them by the Chin dynasty, and which lasted for more than two centuries (Barry et al. 145). The structures brought about by the Chin dynasty were important in the realization of the dictates of the legalistic system, which was organized around reward and punishment, and had to have a basis in the common will of the people. Thus, there had to be a person vested with the power to mete out punishment to errant members of the society, while at the same time hand down rewards to those who performed and behaved in accordance with the needs and aspirations of the society. This person also derived mandate from the same common will that requires the people to obey and take reward, both positive and negative, with understanding; since it is for the common good that this is done. It can be argued that legalism is something close to Confucianism, because it comes out of man’s free will. It is a product of social engineering, with a view to bringing about an ideal society; something totally distanced from Daoism, which emphasizes the need to let life just flow, without taking any action to influence one’s environment. Mohism This is a system of universal brotherhood, where everyone on the face of the earth is related to each other, with an obligation to look after one’s kin (Ebrey Buckley 35). Taken from this very standpoint, this is a perfect doctrine for humanity at any one time, and in this case, for China during the warring times. This is because, as we have noted above, human conflict springs out of differences. These differences, when not solved amicably, lead to war. The inclination to keep some things away from others and to take what is owned by others is a perfect recipe for war. If, in the light of Mohism, all of humanity was to lay a claim on brotherhood, and maintain that doctrine of being each other’s keeper, then the incidence of war would be remote. This is because brotherhood entails harmony and amity. It also presupposes the ability to communicate with each other without necessarily taking to arms. Mohists might not have been comprehensive in their brotherhood matrix. Even though all men are supposed to be brothers, the Mohists’ view of the world is quite hierarchical, with the junior members of the society bearing a social responsibility to be subservient to those who are perceived to be on an elevated social platform. This is a system that would have borne fruit if only the small people accepted it. If however, the common people are not agreeable to this arrangement, then Mohism would be just but another plank of wood in the fire, for they would revolt as a response to this flawed brotherhood arrangement. From a different perspective, Mohism could be taken to be the answer to the perceived social injustices prevalent in China then. Much as one could be the other’s brother, this system sought to cultivate an environment where an individual, after striving for, and accumulating enough superior residues; would acquire a higher status and would lead people. War needs strong willed people, since it carries a lot in terms of collateral damage, both in terms of human life and material possessions. War time also needs utmost sacrifice, so that as brothers, some members of the society do not just sit back and wait for the other people to work out way-through for them. If one is in a lower position, then he has to be obedient and provide for that one who is up. In this way, Mohism comes out as a system that influenced the social set up such that it recognized the need to love each other, and to be ready to stand by each other; while at the same time, not losing the individual. If they were to be juxtaposed, Mohism and Confucianism would relate up to a certain extent. One would easily say that in terms of hierarchy, both Confucianism and Mohism teach about the society in light of inequalities and the need for these to be maintained through proper social decorum. Confucius goes deeper to analyze, at a finer level, the social relations and how they should be handled for the sake of peace and tranquility. Mohists may differ on some of these because of the pedant stand they regard the social hierarchies and how they observe and maintain them. However, it provides a framework for the legitimization of rulership, for a ruler is someone who occupies a place in a hierarchical set up. Legitimacy of a ruler springs out of the acceptance the ruler enjoys from the society. War times need strong leaders who derive legitimacy from their people. In times of war too, a ruler could impose himself on the people, but for as long as he serves to protect them or unite them against the enemy, then his legitimacy may not be much of a problem, since it is in the people’s name that the ruler reigns. This solidarity is best achieved by communities that recognize hierarchy as a natural phenomenon in life, and which Mohists and Confucians upheld in their thought. Conclusion In conclusion, based on personal point of view, the various ideological developments in China which brought about the four schools of thought which have been examined in this paper are a response to certain conditions in the society at the time of their emergence, and that these are mechanism that were crafted so as to manage change. The difference only lies in the points that were stressed. Mohism, for instance, is a system that was conservative to a certain extent, reacting to the possibility of occurrence of a development that could challenge the existing hierarchical status quo. At the same time, it endeavored to foster change in the way people regarded one another, with the small people (the serfs and commoners) fully recognizing and venerating their lords. Confucianism on the other hand, much as it strove for change on the individual level which would later on seep into the entire social fabric of the Chinese, was also a fairly conservative system. Just like Mohism, it posed no threat to the existing powers. It was a system that would be used to bring the people together in times of war, for this was not a time for people to start questioning their authorities. By defending the hierarchical system existent then, the Confucians thought of an alternative leadership style where noble people would get to influence the rulers through their self cultivation. This system almost totally absolved the ruler from responsibility, since the leader had the social privilege of lording it over his subjects without being obliged to observe certain tenets of leadership. It was however incumbent upon the subject to go through the process of self improvement. What would happen if all the subjects had transformed themselves yet the leadership was not together with them? What avenues would they have to really exercise power? Daoism was one way of running away from the human responsibility to respond to change. By letting all systems go, the society would be at a greater risk of falling prey to the dictates of a bad ruler, a coward or one who would sell them to the enemy during this war period, since the Daoist doctrine was all about living and letting live. After considering everything, legalism seems to be the system that would have best defended the particular communities, and even a collection of the communities, for it is a system of action and reciprocation. The common person reacts, and then the system responds by awarding a deserving reward; whether positive or negative.

Social and Emotional Well Being

Social and Emotional Well Being Social and Emotional Well Being Introduction Social and emotional well-being has been the area of interest for people belonging to different walks of life but still it remains the least researched area in relation to the nursing profession (Health I, 2010). Nurses play a valuable part in patient care as they interact directly with the patient and are also involved in decision making about the treatment at various instances. Therefore the ability of a nurse to understand different elements influencing social and emotional well being of a person is of critical importance (Litwin, 2011). Though current bio-medical practices have provided enough facilities and now treatment has become much easier but still human beings have specific emotional demands. Nurses while taking care of their patients must understand and care for various SWEB perspectives. They must also take into account the cultural values, family dynamics, relationship conflicts and communication barriers a patient faces. Without having complete understanding of a patie nt’s emotional and social situation it is impossible to ensure environment facilitating appropriate healthcare delivery. In the present literature there are different opinions about the importance of social and emotional well-being perspectives and their role in assuring suitable environment for healthcare delivery. The coming paragraphs will discuss opinions of various authors in relation to these perspective and then a conclusion will be drawn as to how understanding of different dynamics of SEWB becomes imperative for a nurse. Bio-medical model says that health is a condition wherein a person does not face any kind of disability or disease. Proponents of this model are deeply obsessed by the concepts of biochemical and pathogenic origin of the disease (Kobau et al., 2011). While on the other hand, there are many scholars (Wang et al., 2010, Latwin et al. 2010 etc) who believe that social and emotional wellbeing is as important as the physical health of a person. In simpler words well-being can be called as existence of satisfactory condition. According to bio medical journal (2011) a person aspiring to create the environment of complete social and emotional well-being must be able to satisfy the needs by coping with the environmental pressures. Social and personal resources and physical capacities of a person all can be brought under the umbrella of social and emotional well being (BMJ, 2011). Here it is important to distinguish between the concept of social and emotional well being amongst indigenous and the idea of mental health amongst non-indigenous settings. In indigenous settings the idea of social and emotional well-being comes more from the culture, land, spirituality, family values and how all these elements affect health and life of a person. While on the other hand, mental health amongst non-indigenous people focuses more on clinical perspectives and the level of functioning of a person in social environment (Larson et al., 2009). Marmot (2010) says that in the culture of aboriginals and Torres Islanders the so cial and emotional well-being cannot be achieved solely by achieving physical health instead there is a need to cover a wide range of issues including trauma, violence, abuse and domestic conflicts. Wang et al. (2010) favors the concept of social and emotional well-being of aboriginals saying that complex, multi-dimensional model of healthcare cannot work without appropriate understanding and communication. Each and every person should work according to the clear lines of responsibilities. They must show capability and capacity to support and assume the responsibility of joint care in health management system (Wang et al., 2010). It means that Nurses and doctors should try to fond various social factors that affect the physical and mental condition of a patient. Wang et al. (2010) also argue that the entire system cannot work in isolation and here is a need to boost linkage amongst all the players through communication and understanding. For healthcare providers it is critical to understand different perceptions of health because they cannot facilitate a diverse range of people one by utilizing stereotypic principles. Here it is also important to note that there cannot be one model to cater the needs of all patients instead an integrated approach should be developed based on human understanding. Each model can prove be suitable to one condition for which it has been developed and not for every patient facing different health issues (Kobau et al., 2010). Thomas et al. (2010) believes that the indigenous concept of social and emotional well-being is more effective because it works on the basic principles of human health. It takes into account community, family, spirituality and ancestry. All these elements provide a person with a unique reservoir of recovery when he has o face adversity (Thomas et al., 2010). In the above context, in order to bring social and emotional well-being in a community it is critical to understand cultural and behavioral dimensions of a person’s well-being. But in contrast to the above proponents of the Medical Model and Mental Health Plan believe that mental health is all about achieving condition wherein a person is able to interact socially. He must be able to cope with the social stress while working in a productive manner and having optimum opportunities for development. For instance Helliwell et al. (2010) oppose the concept of SEWB as presented by the aboriginal community saying that this is a broader concept that puts emphasizes on changing society instead of changing the condition of the person who is ill. In most of the cases it is possible to reshape the entire society and the effort can become a time waste. On the other hand, if focus is maintained on reshaping the health condition of a person, good results can be obtained (Helliwell et al., 2010). Huber et al. (2011) also reinforce the above standpoint saying that extreme focus on the social and emotional well being of a person withdraws attention from the basic principles of diagnosis. More attention is given to changing the society instead of reshaping the health condition of the patient. This is an extreme approach according to which the person who is affected must not be dealt for his illness and the entire society should be forced to change. Yoon et al. (2008) also strongly criticize the social and emotional well being concept saying that this idea is disruptive as it brings a lot of confusion and shifts the attention of the healthcare provider from the basic principles of medicine to completely a different approach that is also impractical. This approach does not help anyone understand the cause of disease or disability (Yoon et al., 2008). Yoon et al. (2008) also believe that the concept of SEWB denies the diagnostic criterion that is set to identify the origin and cause of a disease. Existing definitions of physical and mental ailments do not fit to this concept. According to him this idea is also unrealistic because if society could play a strong role to change one person then everyone else living in the same society must change and experience the same symptoms. Conclusion Torres Islanders and Aboriginals favor the concept of social and emotional health and well-being and while working with them it becomes even more important to take care of what they believe in. Many scholars also favor this idea saying that this is the perspective that shows positive and holistic approach to the physical and emotional well being of a person. According to them social, emotional, physical well being cannot be achieved without a holistic approach that focuses on the life of families, communities and individuals. A nurse working on the basic principles of social and emotional well-being can participate in the integrated care plan very effectively. She can also participate in the healthcare programs designed for patients coming from a diverse range of backgrounds and cultures. Through such practices patients are also empowered and a range of needs and problems of these people who come to find treatment are addressed. Though there are opposing views as well and many believ e that extreme focus on these dynamics can withdraw attention of the healthcare provider from the actual matter. However, in my opinion the social and emotional well being should be taken into account while finalizing the medical approach for treatment. It helps the medical practitioner to identify the cause and origin of a specific health condition and then suitable treatment options such as medication, change of environment, counseling and other remedies can be suggested. This the only way to appreciate the role of society that it plays in changing the physical and mental state of a person. Without appropriate diagnosis of a patient’s state and origin of his disability or disease cannot be identified and finally suitable treatment options can also not be selected. References Heath, I. (2010). Conceptual Explorations on Person-centered Medicine 2010: Person-centered prevention and health promotion.International journal of integrated care,10(Suppl). Helliwell, J. F., Wang, S. (2010).Trust and well-being(No. w15911). National Bureau of Economic Research. Huber, M., Knottnerus, J. A., Green, L., Horst, H. V. D., Jadad, A. R., Kromhout, D., Smid, H. (2011). How should we define health?.BMJ-British Medical Journal,343(6), d4163. Kobau, R., Seligman, M. E., Peterson, C., Diener, E., Zack, M. M., Chapman, D., Thompson, W. (2011). Mental health promotion in public health: perspectives and strategies from positive psychology.American Journal of Public Health,101(8). Litwin, H., Shiovitz-Ezra, S. (2011). Social network type and subjective well-being in a national sample of older Americans.The Gerontologist,51(3), 379-388.. Larson, A., Gillies, M., Howard, P. J., Coffin, J. (2009). Its enough to make you sick: the impact of racism on the health of Aboriginal Australians.Australian and New Zealand journal of public health,31(4), 322-329. Marmot, M. (2010). Social determinants of health inequalities.The Lancet,365(9464), 1099-1104. Thomas, A., Cairney, S., Gunthorpe, W., Paradies, Y., Sayers, S. (2010). Strong Souls: development and validation of a culturally appropriate tool for assessment of social and emotional well-being in Indigenous youth.Australian and New Zealand journal of psychiatry,44(1), 40-48. Yoon, E., Lee, R. M., Goh, M. (2008). Acculturation, social connectedness, and subjective well-being.Cultural Diversity and Ethnic Minority Psychology,14(3), 246.

Lets Talk About Denial: not a river in Egypt :: essays research papers

Denial, the topic for this week’s discussion, is unfortunately not a river in Jordan. While not a river, it is a characteristic that at times seems to be as resistant to change as the most torrent watercourse. Denial has been described as many things in many ways by many people and still I find the Webster’s Dictionary definition of denial to be the most meaningful and accurate: â€Å"an assertion that an allegation is false†¦disbelief in the existence or reality of a thing†¦self-denial†¦[and] the reduction of anxiety by the unconscious exclusion from the mind of intolerable thoughts, feelings, or facts† (1977).   Ã‚  Ã‚  Ã‚  Ã‚  The readings and following class discussion illuminated just how varied and vast denial can manifest itself, especially with alcoholics and addicts. The discussion concluded that denial may be noticeable in the form of 1) an individual not being able to accept what is in front of him; 2) a coping mechanism to deal with facts as presented; or 3) the inability to see consequences of one’s behavior. Also based on the class discussion, things a counselor can look for to discern if a person is in denial are 1) if they consistently miss or avoid scheduled sessions, or while in sessions they continually change the subject; 2) if clients appear to reject logic or reason; 3) clients demonstrate incongruence, that is their non-verbal expression and actions are inconsistent with what they say; and 4) clients demonstrate the various defense mechanisms associated with alcoholism, addiction, and denial.   Ã‚  Ã‚  Ã‚  Ã‚  These defense mechanisms can be in the form of projection, (â€Å"I don’t have a problem –you have a problem.†) rationalization, (â€Å"It helps me relax/concentrate/forget† or â€Å"I’ll stop as soon as the pressure lets up†) justification, (â€Å"Everyone I know does it†) suppression or repression, (forcing down memories of using behavior and negative consequences as a result of that use and behavior) and one that sometimes gets overlooked, geographic escapes (my life is unmanageable – but it’ll get better if I move to another place.)   Ã‚  Ã‚  Ã‚  Ã‚  The text also offered some useful information in understanding the phenomenon of denial. On page 30 of the text Assessment of Addictive Behavior, Tarter, Alterman, & Edwards (1985); Tarter & Edwards (1986); Tarter, Hegedus, Goldstein Shelly, & Alterman (1984) suggest that â€Å"†¦neuropsychological deficits among alcoholics, particularly deficits in accurately perceiving internal cues of physiological arousal and emotion and in appraising the significance of environmental events, may underlie what has been described as ‘alcoholic denial’ † (cited in Donovan & Marlatt 1998).

Epic of Beowulf Essay -- Epic of Beowulf Essays

Chivalry is Yet, Not Dead In some select stories of old/middle english, we can see that people have been fascinated by ideals of heroism, chivalry, and what we now refer to as romance for a very long time. I will argue in this document, that our fascination with such imaginary laws has never ceased, and in some ways is even more fantastic. Every further mention of romance will refer to all of these ideas, the way it did when the term was introduced into english. If all things are to be considered this short essay would turn into a book. I would like to compare and contrast Beowulf, Lanval, and Sir Gawain and the Green Knight with some of the modern day creations especially in looking at the values, and belief systems in all of the three â€Å"classic† stories. I will apologize in advance to those who will read this and are not familiar to the texts that are mentioned, due to restrictions in size I must mention all of my topics without specific description of how the stories are told, please at least re ad â€Å"Beowulf† before considering this essay. Beowulf has and will live in the hearts of many people today, whether they have actually read and studied the text itself or they have merely been exposed to modern movies, books, and music that idealize a classical heroic ideal.  Ã‚  Ã‚  Ã‚  Ã‚   We might consider in this topic the modern police officer, soldier, paramedic, FBI/CIA agent, and any who take on with their livelihood the motto â€Å"to protect and to serve.† I believe we will most likely see and inherent desire for honor, and for glory. These in certain individuals seem to overpower the desire and will to help other people. A scholar by the name of George P. Fletcher states when looking at romanticism and its opposites, â€Å"On the one hand, we have stability, order, universality, and the boredom of the predictable and domestic. On the other hand, we have revolt, disorder, partiality, and the intense flames of lust and creativity. This is, of course, the way Romantics might describe the sentiments that move them† (p. 17). He even goes on to hint that the reason we have waged war on Iraq was because of romantic ideas. We'll stay away from that debate in this essay and just say that the idea of glory and honor is summed up completely in â€Å"Beowulf† by the line †Heaven swallowed the smoke† (L. 3155), in Lanval when he will not lie, despite the costs, despa... ...ork:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Norton. 2000. Alexander, Michael, trans. Beowulf. Harmondsworth: Penguin, 1973. Bradley, S. A. J., trans. â€Å"Beowulf.† Anglo-Saxon Poetry: An Anthology of Old English   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Poems in Prose Translation with Introduction and Headnotes by S. A. J. Bradley.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Everyman's Library. London and Melbourne: Dent, 1982. Chaucer, Geoffrey. â€Å"The Canterbury Tales.† The Norton Anthology of English Literature:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  6th edition New York: Norton. 1996 Donaldson, E. Talbot. â€Å"Beowulf: A New Prose Translation.† The Norton Anthology of   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  English Literature: 6th edition. New York: Norton. 1996. Fletcher, George P. Romantics at War. Princeton: Princeton UP. 2002 Laven, David, and Lucy Riall. Napoleon's Legacy: Problems of Government in Restoration   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Europe. Berg. 2000

Beliefs About the World Trade Organization

Before reading articles about the World Trade Organization written by activist organizations and the WTO itself, I was aware that the conflicts and the debates surrounding the esteemed organization concern the power differences between the haves and the have-nots in the global economy. I also believed that the WTO is an indispensable entity produced by globalization itself. In my opinion, the WTO balances power between the haves and the have-nots as far as it is possible to do so.And, while the economies of abundance and high economic growth cannot be expected to slow down because of the low growth economies, the WTO at least gives the latter a voice. The articles on the WTO written by activist organizations have changed my beliefs about the organization very little. Indeed, it comes as a surprise to me that the WTO is blamed for putting the rights of big businesses â€Å"to profit over human and labor rights.† Jerry Mander, the president of the International Forum on Globaliz ation, refers to the WTO’s â€Å"mad drive toward corporate led economic globalization. † Yet, I had believed that WTO naturally favors the big economies of the world rather than corporations because the big economies happen to be instrumental in the entire global economy. In fact, without the big economies, the developing world would not even dream of globalization and foreign investment that would eventually make it possible for poor countries to economically grow.Besides, human and labor rights, in my opinion, cannot possibly be discounted by the WTO, seeing that businesses cannot even function without human and labor rights, and at the heart of WTO’s mission lies its interest in the promotion of business around the globe. Articles authorized by the WTO strengthen my belief that the organization works with â€Å"member countries† instead of focusing on corporations. In actual fact, the WTO takes decisions based on a consensus among its member countries .Moreover, it is wonderful to note that the WTO’s system is a promoter of world peace. After all, the organization allows for discussions, even among those member countries that differ in their opinions about the global political economy. I do not believe that I require further information to change my beliefs about the WTO. The organization remains ‘esteemed’ in my humble opinion, promoting the interests of all of its member countries while naturally favoring the big economies that happen to be most helpful for the small economies as well.

I Love You

PARADOXES AND CONTROVERSIES IN THE LIFE OF DR. JOSE P. RIZAL Paradoxes are statements which are true but seem to be false, absurd, and contradictory. Controversies are disputable claims which are neither true or untrue unless they are proven by empirical facts and are founded on logic. 1. AMERICA’S CHOICE Jose Rizal is the Philippine national hero purportedly believed to be an American-sponsored hero who was chosen by the Americans because of his non-revolutionary ideology. 2. THE KATIPUNEROS’ CHOICEWhile the Americans found him non-revolutionary, Jose Rizal was associated with the Katipunan as their honorary president and was therefore considered as the soul of the Philippine Revolution. 3. RIZAL FOR THE ELITE AND BONIFACIO FOR THE MASSES Jose Rizal belonged to an upper middle class family and was an ilustrado who spent many years in Europe. He was, therefore, perceived to be a leader of the elites while Andres Bonifacio as the hero of the masses. 4. RIZAL’S ALL EGED ALIENATION FROM HIS PEOPLE AND FROM THE FILIPINO CULTURE.Rizal spent the best time of his adult life studying abroad. In his travels, he was exposed to different cultures, met learned men and devoted his time in books. Back in the Philippines, his stay was too short and for his last years in the country, he was kept away from his social and political endeavors in the urban areas. 5. ATTEMPTS TO REPLACE JOSE RIZAL AS NATIONAL HERO As a national hero, Jose Rizal has all the desirable qualities of a great moral leader. Despite all of these, there have been attempts at replacing him with other heroes every now and then.BIOGRAPHERS OF DR. JOSE P. RIZAL Ironically, the early biographers of Jose Rizal were written by foreigners. The first biographer was a Spanish named Wenceslao Retana in1907, followed by American biographers, namely: Austin Craig in 1913, Charles Russel in 1923 and Frank Laubach in 1936 and an Anglo-Saxon Austin Coates in 1968. In 1981, Spanish Jose Varon Fernandez a lso followed. Oddly, Filipino biographers started only writing about Rizal’s biography only after 40 years from his execution. CONFLICTING PERCEPTIONS OF DR. JOSE P. RIZALBiographers have conflicting accounts of Rizal’s life and works. There had been criticisms to the point of character assassination and depreciation of his personality, his life and his works, but there have also been fanaticism. Extreme admiration has led to the formation of cults which deify people either as God, as a saint, or a supernatural being. Such is the case of the Rizalista, who immortalize and worship Jose Rizal as a divine being by upholding his ideals and principles. At present, there are seven officially registered Rizalista sects, namely: 1.Samahan ng Tatlong Persona Solo Dios, 2. Ciudad Mistica de Dios, 3. Adamista, 4. Bathalismo, 5. Iglesia Watawat ng Lahi, 6. Iglesia Sagrada Filipina and 7. Espiritual Pilipino. RIZAL’S MONUMENT AT LUNETA The monument was designed and sculpted by a Swiss, Henry Kissling, a runner up in an international competition for designing Rizal’s monument sponsored by nationalists in 1912. The winner actually was an Italian sculptor Carlos Napoli but he failed to present his own creation. Jose Rizal’s monument at Luneta depicts him as a typical Filipino, 5’2† to 5’5† tall donning a thick winter coat.Behind him is an obelisk with three stars (Luzon, Visayas, and Mindanao). The book on his hand signifies his travels, studies, and exposure to the different cultures of the world. It may also symbolize the value of education and the potency of media to expose the socio-economic and political ills of our country. On the ground near his statue, his last poem â€Å"Mi Ultimo Adios† (My Last Farewell) is engraved on a marble stone. His friend Mariano Ponce gave it the title of MI ULTIMO ADIOS, as it originally had none.

My writing ritual

The writing process Is new to me since Vie been out of school for 2 plus years. I am a new writer thus I am learning new writing techniques that produces a more unique personalized writing for me. The new technique I have learned Is writing rituals which are a detailed act or series of acts carried out by an Individual to relieve anxiety or to forestall the development of anxiety. Also (psycho) any repetitive behavior, such as hand-washing, performed by a person with a compulsive personality disorder.These steps will explain its self and it'll show how it can also be plied to your everyday life. The rituals I use help to relieve stress when writing and is very important doing so. Although the steps I take are very tedious and well- structured, I put myself in a mind to produce well papers that represent not only me as a student but as a creative mouth piece generating an art. In order to succeed with a well-grounded paper I use these steps that I will explain in detail in following p ages. Introduction As for me to begin my process to write, I prepare my mind, body, and soul.Whether, for homework, a speech, guidelines, or announcements, I have to prepare yeses or I won't be able to focus and be easily distracted. I've noticed my preparations have made my writing extremely successful. These steps will explain it and it'll show how it can also be applied to your everyday life. Step by Step Beginning my days at 6 A. M. Get dressed, brush my teeth and wash my face. Then, I go downstairs to make coffee. I like everything to be clean and organized so I clean the kitchen, put all the clean dishes away (from the day before) and fix the couch.I make my coffee and go back upstairs. I play Soft Charlatans music to set the atmosphere. So I'm not so tense while I'm writing, I use the yoga ball to stretch my muscles. Then, I set up my computer, take out my notes that Ill need, and look at the assignments that are due. If I get overwhelmed, I like to go for a walk and think ab out the assignment. I ask myself how I can complete it successfully, have I ever done this type of assignment before, and can it be applied to reality? I also do research to further my understanding and to make sure I have the right ideas for the assignment.Before I get started, I like to get a cold glass of water, some fruit, rackets, or peanuts so I wont lose my focus. Think of this as food for thought! And these are my steps to succeed. With the writing rituals I listed above show what I use to create assignments and how important they are to me producing a well-organized paper. I like to succeed; I take my education very seriously so this exercise has shown me that I'm going down the right path. During this course, Vie learned in order to succeed; I have to take extra steps to accomplish my goals. I think this course has helped me improve in all aspects of my life.

Hawaii Watersports Essay

With the white sandy beaches and crystal clear water Hawaii is the ideal place for ocean water sports. There are a wide range of water sports, from highly aggressive to leisurely sports that all types of people can enjoy. There are even sports which are specific only to the exotic islands encompassing this magnificent state. Taking a look at each individual sport will excite and possible mystify the sports enthusiast. Today we will take a look at sea kayaking, kite boarding, surfing, windsurfing, sailing, and scuba diving. Sea kayaking is an exhilarating and physically challenging sport. One must be sure to have the proper equipment and technique before heading out into the salty blue. It is said that kayakers ‘wear their kayaks’ and selecting a proper sea kayak, one that fits comfortably to your body type, can be a difficult task. First make sure that you fit comfortable in the pit. It should be snug, but not tight. If it is loose it may be difficult to maneuver. Kayaking is relaxing and comfortable sport especially around the islands. There are many ecological kayaking tours offered throughout Hawaii that will take you places and show you some of the amazing creatures and sites of the islands. Kite boarding is a new age surface water sport that is trendy among young people. Kite boarding is very similar to wakeboarding with the exception that the board is controlling their own movements with a kite, fully equipped with handle, instead of being pulled by a boat. Kite boarding is an extreme sport combining balance and coordination with the unique technique of keeping a kite in the air. Kite boarders have an unrivaled experience as they let the wind control their moves and can sometimes reach heights of 30 feet, and if they skilled and adventurous they may be able to do flips and other stunts before smoothly returning to the ocean. It is recommended that the new kite boarder takes a few lessons to learn proper techniques before venturing out on a kite boarding adventure. Surfing is a timeless and classic sport. Surfing like kite boarding is a surface water sport where the participant rides waves while balancing on a surf board. Surfing can actually be broken into many categories including body boarding, windsurfing, and body surfing. Body boarding is best described by using your body to ride a foam board over waves. Windsurfing uses both aspects of surfing and sailing. A windsurf board is a surf board with a sail attached. The windsurfer steers themselves with the sail and rides the wave as a surfer would. Body surfing is actually what the name implies, using one’s body to ride the waves. Body surfers are usually equipped with nothing by swim fins to take on the task of riding the breaking waves. Sailing is a leisurely recreation sport in which a person, or group of people, steer a ship or sail boat using sails. Sail boats move forward because of the inertia caused when the wind is caught in the sail. Sailing is a technical sport and the proper skills must be learned before heading out to sea. Scuba diving is another popular sport among the islands. Scuba requires a certification because of the danger involved. There are many short certification courses for tourists to partake in. These courses cover the essentials and make time for some short open water dives were the scuba can explore the exotic world on ocean water. Hawaii is an exotic place with many things to offer the adventurer or sports enthusiast. It is important to learn the techniques of the sports one wishes to indulge themselves in to ensure a safe and happy stay on the islands.

Applying Behavioral Principles Essay

Look at the following social problems as a behaviorist would. Suggest behavioral solutions for each. 1.Traffic! The problem of traffic gridlock in American cities continues to increase. Campaigns to encourage people to share a ride or take the bus have not been very successful. In one large city, commuters entering the city must cross one of several bridges to get to the area where office buildings and factories are concentrated. How could behavior modification be used to reduce the traffic congestion in the city? It is teaching people different behaviors and changes by making them take the transit bus or the subway or carpool in the hov lane to reduce traffic congestion in the city. Some people see it as a form of control trying to force people to ride these transportations instead of their own vehicles to try and reduce the traffice congestion in the city. 2.The Homework Puzzle. An article published in The New York Times reported the results of a large-scale study on the benefits of homework for elementary school children. The study showed that the lowest-achieving children spent more time with homework than children with better grades. How can the longer time spent by the low-achieving children be explained? Why aren’t the children who spent more time with homework the ones who are making better grades? The children that are spending more time on their homework is the ones that are struggling and have to work twice as hard as the other children that the work comes easy for them. The children that are spending hours on homework usually are the kids that have an IEP or in specialized classes. They are not making better grades than the other kids because they struggle in school and its sad to me to see them work harder and longer because its almost like a punishment to them because they struggle all day in school anyways. I think a solution for these children should be indiviualized assignments for these children and less homework or maybe not so hard homework for these children so as not to overwhelm them so they dont want to give up or stress them out.

Elizabeth Keith Personal Statement Example | Topics and Well Written Essays - 2500 words

Elizabeth Keith - Personal Statement Example It depict one of the only form of entertainment available to the poor during thi period. Thi how their own way of enjoying the "blood port", which eem to be the only way to get their anger out, which wa building in them due to their failure of being the diadvantage cla of the ociety. The mueum contain a lot of intereting and beautiful art piece by variou artit. The culpture are amazing, becaue they gave a good view of the culture and art of the region, and I aw many culpture of Buddha, made in Bronze, Gold etc. Elizabeth Keith wa born in cotland, and i known to be a great artit (Helen, 66). Her iter married an Englih publiher, who lived in the Aia and Pacific region and work in Japan at that time. Elizabeth went to Japan to meet her iter in1915, and tayed there for quiet a long time. he thought to explore the region and viited the neighboring countrie, uch a China, Korea and Philippine. he pent her time in water painting the intereting and facinating cene, which he witneed. he made quiet a number of painting in that time and when he came back in Japan to her iter, he wa able to hold an exhibition of her painting. After looking at her painting, the entrepreneurial Japanee print publiher, Watanabe chozaburo, peruaded her to move further on thi regard. He convinced her that hi carver and printer would produce woodblock print for ome of her watercolor painting and thi will enhance her work a an artit. Thi idea facinated Elizabeth Keith and he prolonged her tay in Japan, and tarted learning woo dblock printing. Her work wa highly appreciated and he met ucce in Japan and her publiher wa ure that he would get a huge repone in Europe and America a well. (Waton, 54) Fritz Capelari, who wa an Autralian artit, influenced Elizabeth Keith work and Watanabe alo publihed hi work. Elizabeth Keith traveled a lot in Aia and epecially in Eat Aia and produced number of painting, which reflect the culture of the region. Her painting are very popular in United tate and European countrie and are counted a an important work when talked about the Aian and Pacific Art (herman, 11). Mot of her work wa diplayed in Watanabe tudio and wa detroyed in the earthquake, which hit Tokyo in 1923. he went to France to tudy art and tayed for almot ix year, but her love for the Eatern region made her come back to Japan and he tayed there for few year, until the World War II tarted. he came to United tate of America, where he completed the remaining year of her life and held an exhibition in Tokyo in her lat year. Cock Fight I aw her painting "The Cock Fight", in the mueum, which wa made in China, in 1925. It i a port in China, which i alo known a a blood port. It i a fight between two rooter, and i held in the ring, which i like a wretling ring, and thi ring i known a a cockpit. The owner of the cock, et pair of bird to fight, and gambling i a major factor in the fight. The term cockpit, wa alo ued in the ancient time, a in 16th century, it wa ued a a place, which wa ued for the entertainment purpoe and alo for the frenzied activity. We can ee the ue of thi

Impact of IT on TQM in an Organization Research Proposal

Impact of IT on TQM in an Organization - Research Proposal Example IT today is a vehicle for making substantial changes in organizations, markets and the economy (Lucas, 2001). The basic purpose of any organization is to either manufacture a product or to provide a service to its customers. An organization is divided into various functions as per the task they perform to achieve the organizational goals. Organizations use various technologies for achieving this goal. However, IT is different from these technologies. Figure 1 below describes the role of IT as per Harold Leavitt. As per this model, IT is the central link between all parts of an organization (Lucas, 2001). It has a separate existence from the other technologies used by the firm. Thus, we can see that IT has taken a central role in today’s organization. Some very big organizations have been pioneers in using IT to revolutionize the way processes are run. Chrysler is one such example. The company is an excellent example of ‘lean’ production, a methodology of production that has revolutionized the manufacturing industry. This production system required the company to work with approximately 1600 external suppliers that shipped materials to 14 car and truck assembly plants in North America (Lucas, 2001). The key to lean production is the Just-In-Time (JIT) inventory system. The company used IT to set up Electronic Data Interchange (EDI) for the efficient running of the JIT mechanism. This meant electronically linking all the suppliers to the company through the EDI and eliminating any manual or paper transactions (Lucas, 2001).  

Flying on a Full Service Airline as Opposed Low Fair Discount Carrier Term Paper

Flying on a Full Service Airline as Opposed Low Fair Discount Carrier - Term Paper Example The airline is home to more than 35000 employees who are the backbone of the airline company. The employees are provided with friendly working environment to help them deliver the best services to the customers. Southwest Airlines has further strengthened itself by acquiring the Air Tran Airways in 2011. The mission of the company has been to deliver the best quality services to its customers at low price which has enabled the airline to grab a large market share. Executive Summary of Marketing Plan The marketing strategy is an important aspect for the company to launch a new product. The marketing strategy involves factors like target market which hold the key to success for the new airline in the competitive airline industry. It gives the airline company the leverage to target the desired market. Competitor description and the analysis of direct and indirect competitors is also an important part of a marketing plan. The strategy followed by the competitors and its weakness can prov ide the airline company advantage. ... Pricing strategy can make customers opt for the company’s product or reject it for being expensive. The right method to implement a pricing strategy is to make the product valuable in terms of its price. The implementation plan finally needs to take place considering all the marketing strategy factors. A proper analysis of these factors can provide better knowledge to the Southwest Airline Company regarding the launch of its new full service airline. Description of Target Market A group of people who are looked upon by the company as the customers which can fit in the marketing strategy adopted by the company can be termed as the target market. Target market is the most essential component to a company’s marketing plan. Southwest Airlines marketing plan largely depends on the 4 P’s of marketing mix and the target market to decide the success of its new product. Target market can be segmented into the following four parts: Geographic Segmentation Southwest Airline can segment its desired target market based on the nation, state, region, country, etc. to which a customer belongs. The airline company then can decide whether it wants to function in selected geographic regions or across every geographic area. The airline has to accordingly develop its product or service (Kotler & Armstrong, 2008, p.173). Demographic Segmentation Demographic segmentation is another variable which divides the target market based on the factors like age, religion, gender, family, etc. This segmentation can prove to be a boon for the airline company as it is easily measurable and can be used to select the target market for its new product or service. Psychographic Segmentation This segmentation can help the airline company to divide the customers on the

Environments and Numbers Essay Example | Topics and Well Written Essays - 1500 words

Environments and Numbers - Essay Example Counting the number of ways things are different or the same creates a sense of how to put numbers together to form meaning. In creating a sense of the environment, children can see how numbers relate to the real world, negating a common belief that numbers are not relevant to real life. In providing for different forms of ideas about the world, children will see how the world is related to one another and be able to count through observing within the world. In creating a foundation for learning about adding and subtracting, children in Kindergarten will begin to see how numbers relate to one another. Where fingers are often the first way in which numbers begin to have meaning, through creative projects that support visual and auditory learning, they will begin to see how things can be added and subtracted to have more and less. In using a game, a sound lesson, and an art lesson, the interest in numbers will emerge as application of the concept of numbers is made upon real world idea s. In combining the lesson with environments, the information includes a secondary opportunity for learning as different environments are explored. ... The book explores the ocean environment in such a way as to provide an overview of the ocean and how the ecology of a water living space affects the needs of ocean life. The book has the advantage of listing things that are relevent to the topic, thus creating an opportunity to discuss numbers. If possible, a fish tank with aquatic life would help to emphasize the message of the lesson in relationship to the environment. The discussion of numbers would be based upon the premise of 'how many'. Children would be asked the question of how many animals they learned about, how many ways animals breath, and how many differences can be seen between those animals living in the water and those animals living on land. Each time a number is found, the teacher will write it on the board so that it can be seen by the students. Through counting how many, the students will begin to grasp the concept of quantifying what they learn. Children can use the tangible objects within the book to advance the ir understanding of quantity and counting 'how many'. Quantity is an important part of understanding both addition and subtraction. This lesson would provide a precursor to the lessons that will follow which will discuss the ideas of adding and subtracting objects from one another. Through this lesson, children will gain the first step towards beginning their journey into understanding quantity as it relates to numbers. Learning the numbers is a vital first step in beginning their education in mathematics as they begin to explore the world in relationship to the numbers that they know. Lesson 2 - The Desert Wadsworth, G., & Carrozza, J. (1997). Desert discoveries.

KEY DEBATES IN MEDIA STUDIES Essay Example | Topics and Well Written Essays - 2000 words

KEY DEBATES IN MEDIA STUDIES - Essay Example The song competition unites all countries that are geographically located on the territory of Europe in attempt to define the best performance with the help of free televoting. Though the quality of the music on the contest is sometimes very disputable (because most singers and bands choose pop as a preferable genre) the overall impact of the event on European society is rather significant. First of all, it is believed to shape the direction and trends in European cultural development as the Eurovision promotes live performance and unique, and that is why non-trivial, show on the stage. Several world famous stars, such as ABBA for instance, first appeared as participants of the contest. However, many viewers claim that the Eurovision can be regarded as a political show first of all because it reflects Europeans` preferences and negative tendencies in perception of certain countries. The contest also demonstrates quite vividly which countries and the nations of which countries have go od relationships and which relationships are tense. Last year the victory of the Austrian contestant, Conchita Wurst who represents herself as a drag queen, set the whole cultural world in turmoil and provoked active debates regarding the relevance and the influence of the event. Therefore, it is possible to suggest the Eurovision is one of the most controversial music contests on the planet which has its political and cultural implications for the population of Europe and its representation in media must be performed with the help of different, sometimes even opposite approaches. In this paper I will try to analyze how media can utilize various tactics and emphasize different priorities depending on its relation to the realms of state and politics and culture. To begin with it is still necessary to create some adequate image of the Eurovision song contest. Most common people in Europe

Teaching music to Children in a General Education Classroom Essay

Teaching music to Children in a General Education Classroom - Essay Example According to Joanne, (2), the cognitive developmental theory is fundamental in understanding how minds make logic of music as it is heard. Some of the goals include imparting formal and intuitive knowledge. Joanne, (2), argues that, a teacher is supposed to learn significantly during the music experiments. The cognitive theory is fundamental in helping the teacher to succeed in balancing the mismatch of assumptions between a student and a teacher. Similarly, the cognitive theory enables a teacher to acknowledge the children’s formal and informal ways of understanding. Another goal that a teacher can achieve by applying the cognitive theory is the ability to use the children’s descriptions as vital evidence in understanding their musical development (Joanne, 4). Equally, the theory enables teachers to draw conclusions from the children’s oral drawings, imagery and spatial ordering of such things like bells to disclose the clandestine and interior nature of inner i nquiry and approximating an indisputable knowledge of musical development.... I agree with his theory Jon Dewey believed that, children be encouraged to develop free personalities and taught on how to think and make judgments. I agree with this theory Maria, Montessori believed in individualized education. I agree with this theory John Holt, the pioneer and advocate for Home Education. Holt believed that children study best when; they are allowed to pursue their own interests rather than imposing learning on them. I agree with this theory. Marie Clay, the pioneer of Balanced Literacy Model and Reading Recovery. Marie believed the reading recovery component served well in lifting the low achievers. I agree with this theory. Jerome Bruner, the pioneer of discovery theory. Bruner discovered psychology and embraced a constructivist approach. Bruner believed that the discovery theory based on the assumption that a child learns and remembers better, what he/she discovers. Conversely, Bruner believed that, the children are able to recall new information if they assoc iate it to something they already understand. I agree with his theory. Howard Gardener, the pioneer of multiple intelligence theory. Gardener believed that children developed diverse aspects of intelligence. I agree with this theory (Joanne, 6). John Holt’s theory of advocating for Home Education best fits my interests and a fully align to it. Choose two instruments on pages 16-19 that you would like to share with your children. Name the instruments. Describe the instruments. Describe how the instruments are played? How will you use the instruments with your children? 1. Jingle Bells A bell is a musical instrument that produces different sounds when played. A bell is played by using a stick or a small metal rod or shaking. The instrument can be used to teach the

Research/analyze the contemporary globalization of one place Research Paper

/analyze the contemporary globalization of one place - Research Paper Example This paper will give detailed proofs of how shanghai has undergone globalization and expanded from being local to international levels. The main mission of this paper is to enhance a better contact with shanghai. The underlying premise depicts that Shanghai is a rich city for Globalization. Instead of viewing globalization as an external factor influencing Shanghai, this paper will show how globalization is inherent in the city of Shanghai and that the investigation of the distinctive features of Shanghai starting from the abandoned factories which are now viewed as creative clusters, to the Lilong architectures, luxury malls and street peddlers lights up the world globalization both in the past and the future. The main factors that have led to shanghai globalization are the tourism attractions, the Shanghai’s resurgence, competition of the Chinese cities and the tale of two cities (shanghai and Hong Kong). There are other unmentioned factors that have seen shanghai in to globalization. Shanghai is a global city which sees itself as the city of the future. This continued belief of the Shanghai globalization is driven by the history of the city. With this in mind, questions like can shanghai reanimate the cosmopolitanism of its past? Will its attempts of fostering a culture of creativity succeed? Can it bear an urban golden age that is energetic and innovative enough to influence the rest of the world just like New York or London arise. First shanghai will be viewed as a model of development and trading partner for India. (Liu, 786). Secondly, the city will be regarded as one of the important zones of economic opportunity within the larger Chinese world. Without the global business networks of the Taiwanese, Hong Kong and the Chinese American entrepreneurs, shanghai city would not have risen to higher levels. Additionally, the city will be viewed as a magnet for the migration within the country of China. Back in the old

Guantanamo Bay and Habeas Corpus Essay Example for Free

Guantanamo Bay and Habeas Corpus Essay Since September 11, 2001, Americans have faced a new enemy that is not distinguishable by conventional terms of the law of war. As a result of this fact, the detention of these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the Constitution of the United States and that the President retains full control over their detention. This paper will look at the English and American background of Habeas Corpus and how it plays into the landscape of war today. I will also briefly look at past suspensions of the writ, as well as the perspectives of the Executive, Legislative, and Judicial branches and how the writ applies to alien enemy combatants. I will also offer my own perspective on the same. Quite simply put, an unlawful enemy combatant caught fighting against the United States oversees and brought to a location that the U.S. does not have sovereignty over, should not be afforded the same rights as the citizens and alien residents of our great nation that they fight against. The ‘Great Writ’ of Habeas Corpus has its’ roots in English Common Law dating back as early as the 13th century. The literal meaning in Latin is â€Å"to have the body† which quite basically obliged that the jailor bring the accused before a court (the King’s Bench) to determine if his detainment and confinement was lawful. In fact, the writ was meant to regulate jailors, resolve issues with jurisdiction and monitor the powers of the magistrates (Halliday, J.D., 2010). It was not a tool used to release the prisoner, but a tool of governance. When the writ traversed the Atlantic Ocean and came to America, it was, and still is, considered the most important safeguard ofpersonal liberty. Habeas Corpus is protected in the Constitution of the United States in Article 1, Section 9 wherein it states â€Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it† (Levin-Waldman, 2012). From its inception in the United States, Habeas has remained virtually unchanged. The Writ has only been suspended by the President and authorized by Congress four times in America’s history with the first instance when President Lincoln suspended it during the Civil War in order to detain opposing forces who were attempting to prevent troops trying to protect the Capital. Since then, it was used by Grant in the Ku Klux Klan Act, the rebellion in 1902 and in 1941 after the attack on Pearl Harbor (Jackson, 2010). Even during these times the suspension was lifted once the war or threat thereof was over (Langford, 2003) and those detained as a result were either released or tried and convicted. It wasn’t until the horrific attacks of September 11, 2001 where terrorist agents used commercial airplanes as weapons of mass destruction to kill thousands of innocent civilians within the borders of the United States that the issue of the suspension of Habeas Corpus came to the forefront once again. After the attacks, Congress wrote the Authorization to Use Military Force (AUMF), which granted the President to use â€Å"all necessary and appropriate force†¦against all nations, persons, operatives, etc. involved in the plotting and execution of the September 11th attacks†¦Ã¢â‚¬  (Piret, 2008). It is well known that the President’s first priority is that of Commander in Chief of the Armed Forces in times of War. After the horrific attacks in 2001, President Bush declared a †Å"War on Terror†. This type of war has no precedence in history in which to go by; it consists of unconventional fighters using unconventional methods of attacks unlike any seen under the law of war. ]As a result of these circumstances, it was crucial for the President to initiate his wartime authority to detain belligerents fighting against the United States and her allies and detain them in a location in order to protect the nation’s security against future attacks. The President unilaterally labelled these detainees as â€Å"unlawful enemy combatants†- persons who did not wear uniforms of a nation or state, carry conventional weapons, or direct their assaults strictly on armed forces- which is the definition given to prisoners of war (POW’s) (Acharya, 2012). Due to the vast allocation of the military’s assets and service members fighting in Iraq and Afghanistan, the President needed a location to detain these combatants away from the battlefield, Guantanamo Bay or GITMO. GITMO is a military location in Cuba that the United States has had an open-ended lease for since 1903. According to the Bush administration, this location was ideal because the area was under Cuban sovereignty but under the complete control of the United States. This meant that the long arms of the law would not reach to GITMO and the President essentially had free reign as to the treatment and length of detention of these unlawful enemy combatants. With this status, the administration argued that they could hold a detainee for an undisclosed amount of time without trial because the War on Terror was essentially ongoing. Also, this status allotted that the detainees could not be tried in civilian courts or be granted the rights and protections afforded to POW’s under the Geneva Convention (Piret, 2008). Because of these unique circumstances, the Courts became inundated with petitions for Habeas Corpus rights. The Executive branch argued that the courts could hear applications only â€Å"within their respective jurisdictions† and that Guantanamo did not fall within U.S. sovereignty, basically asserting that the judges had no authorization to hear cases from non-citizens that were held in a place where Cuba retained sovereignty. Because the nation was at war, the President retained full war time powers and could essentially be the judge, jury and jailer of the accused held at Guantanamo Bay (Healy, 2012). As a result, a few groundbreaking cases came in front of the Supreme Court. One of these cases was Rasul vs. Bush wherein the Supreme Court rejected the administration’s claim that the President had the power to jail those accused of terrorist activities without access to lawyers and without access to any possibility of judicial review (www.oyez.org ). The decision held that the detention of the defendants did in fact hinder on the Fifth Amendment rights. After the impact of Rasul and another case decided by the Supreme Court on the same day, Hamdi v. Rumsfeld, the executives were forced to create military tribunals called Combatant Status Review Tribunals (CSRTs), that afforded minimal protection to prisoners(Foley, 2007). However, these tribunals did not allow for the prisoner to obtain legal counsel, did not  have juries, and could rely on hearsay and coerced confessions by innocents. Unfortunately, these tribunals were heavily weighted towards the government and even though the process did result in the release of a number of detainees, the majority of CSRT’s have affirmed the detainees to be unlawful enemy combatants (Chesney, 2008 and Foley, 2007). The executive branch, despite these facts, argued that the CSRTs most closely resembled that of courts-martial that were afforded to members of the military, while still falling far short of Habeas rights. Amidst this rather heated debate amongst the Supreme Court and the Executive branch, Congress remained on the outskirts for the most part. Congress has never attempted to restrict or interfere with the President’s authority to detain belligerents; their main points were that the purpose of military detention was exclusively preventative and evidence of liability is not necessary for the United States to detain a suspected terrorist. However, because of the Court’s rulings, Congress did enact the Military Commissions Act of 2006. More or less, the MCA afforded the detainees the right to challenge the basis of their detention, the right to hear charges, and the right to testify, introduce evidence, and witnesses. Nevertheless, MCAs still allowed for coerced evidence to be produced. Additionally, the MCA empowered the Executives further and further delineated the courts from the review process afforded under Habeas Corpus. Coinciding with the MCA, Congress also intervened with the Detainee Treatment Act (DTA) that essentially provided a replacement mechanism for Habeas for judicial review where the Court of Appeals could determine if the CSRTs complied with regulations in place by the Defense Department and if those regulations were consistent with the Constitution and laws of the United States (Chesney, 2008). Despite the efforts of both the Executives and Congress to deplete the role of the Courts, the Supreme Court handed down a landmark 5-4 ruling in Boumediene v. Bush. Bouemediene brought up the issue of constitutional privilege of Habeas which it held could not be withdrawn without conforming to the Suspension Clause in the Constitution. In its ruling, the majority found that the MCA deprived the Federal Courts to hear habeas claims,  therefore unconstitutionally stripping their rights to the same (Piret, 2008). The Court held that even though the U.S. did not have sovereign control over GITMO, the complete control over the base made habeas rights a necessity. The majority also struck the DTA claiming that it fell short and did not provide a level of protection required to override suspension of habeas. Because of Boumediene, Congress cannot enact jurisdiction –stripping legislation to deny executive detainees’ access to judicial review that it twice tried to do with MCA and DTA. Nevertheless, that the â€Å"Court and the writ of Habeas Corpus is indispensable for monitoring separation of powers, and the test for determining the scope cannot be subjected to manipulation by those whose power it is designed to restrain† (US Newswire, 2011). On the other side of the court, the dissenters thought that the majority’s decision ignored the Constitution’s structure and defied Congress in establishing procedures for appeals. They went further to say that the historical survey is inconclusive about alien prisoners outside of formal U.S. territory, and Justice Scalia says that the fact that even in the English cases, no alien was granted or rejected the right to the writ which was further proof that Habeas was not in favor (US Newswire, 2011). The dissenters furthered their point by stating that the Boumediene ruling is â€Å"the most generous set of protections ever afforded to aliens detained as enemy combatants in any war, ever† and that the decision was not about the detainees but about the Court’s control of Federal policy (Acharya, 2012, Healy, 2012 and Piret, 2008). In light of all of the controversy surrounding Guantanamo Bay and whether the detainees have a constitutional right to it, one needs to look carefully again at the Suspension Clause â€Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it†. It is the last part of this clause that needs the most emphasis when looking at it from the â€Å"War on Terror† perspective â€Å"†¦the public Safety may require it.† Because terrorists are bred from many nations, do not have a uniform to be easily recognized by, and can walk within the boundaries of the United States virtually  undetected, the law of war holds a different ground. Terrorists are by far and large profoundly hard to distinguish as there is no set guideline. Regardless of the fact that a belligerent fighter is a U.S. citizen or an alien combatant, they should all be reviewed in the same manner, as that of unlawful enemy combatants. Under that status, they should not be afforded the rights allotted to the citizens and resident aliens of the United States. Having said that, it should be the President’s sole responsibility as Commander in Chief to detain these belligerents for as long as it takes to ensure the safety of Nation. On another level, the Supreme Court in its Boumediene ruling left out a few key factors to determine a proper procedure in the detention of the unlawful enemy combatants in areas other than Guantanamo Bay. It also did not clearly define whether its ruling affected trials currently scheduled to occur in CSRTs. The Court did not establish whether granting habeas rights to detainees at Guantanamo would further put Americans’ lives at risk by bringing them into the very states that they fight against. Habeas is not about the proof of war crimes but about determining the status of those detained- whether they are POWs, Al Qaeda, or innocents (Yoo, 2012). Given that Congress waited almost five years to enact any type of legislation to determine this element is what has given America a bad reputation among the global community. If Congress had acted in a more expedient manner, those detained who ended up being innocent or POWs should have been moved to another location and Guantanamo Bay would have truly been for unlawful enemy combatants. Furthermore, because Guantanamo Bay, even though under Cuban Sovereignty, is in all respects a U.S. military installation under the complete control of America, and therefore the Commander in Chief, any type of review should be conducted by military members and not civilian courts. The detainees, if allotted any amount of liberties under the Geneva Convention, should be maintained solely by the Armed Forces. There is nothing that states that the Supreme Court has the power to overhaul the President’s Commander in Chief powers, thus the Supreme Court is wrong in its assertion that the detainees should be afforded habeas rights. The courts interjection of this fact seems to be simply to ensure them of their own federal powers than the rights of the detainees. They assert to retain their jurisdiction simply because Congress sought to relinquish those powers in the MCA and DTA. In closing, the writ of Habeas Corpus should not be afforded to detainees that have been established as unlawful enemy combatants. Aliens detained during combat with American forces in a foreign theatre, without uniforms or conventional weapons, who seek to harm or kill those other than armed forces are not to be determined as POWs or innocents and should be maintained at a location, Guantanamo Bay, which is outside of U.S. sovereignty. While these combatants could be allowed a review as outlined in the MCA, their alien combatant status does not constitute the right to Habeas Corpus. With the Supreme Court’s hole-ridden ruling in Boumediene, it should be expected that there are many questions which still need answers which are likely to come about in future habeas cases. Regardless of that fact, given that the War on Terror is not likely to come to a close any time soon, alien unlawful combatants should remain under the detention of the Commander in Chief, at whose discretion it is as to how to handle them, not the Supreme Court, whose main theatre is civil and criminal matters, not matters of war. References Acharya, U. (2012). International Lawlessness, International Politics and the Problem of Terrorism: A Conundrum of International Law and US Foreign Policy.International Politics and the Problem of Terrorism: A Conundrum of International Law and US Foreign Policy (August 30, 2012). Denver Journal of International Law and Policy, 40(1), 2011-2012. Chesney, R. M. (2008). Suspension clause-military commissions act-detainee treatment act-jurisdiction to review military detention of noncitizens held at guantà ¡namo bay, cuba. The American Journal of International Law, 102(4), 848-854. 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