Tuesday, November 26, 2019
Ministerial Responsibility essays
Ministerial Responsibility essays From the offset, there is a conflict of principles regarding the so-called convention of ministerial responsibility. Romantically, the Queen can never be answerable to Parliament and if we see the Crown as the Executive, then ministers cannot be held accountable, insofar as they represent the Queen-in Council-in Parliament. Surely, therefore, there can be no concrete constitutional convention compelling ministers to answer and explain to Parliament which is consistent with the traditional and stable conceptual Crown? However, this view is somewhat archaic, as it became incompatible with modern day politics and democracy, which began to require that ministers explain and justify themselves, and the actions of their departments, to the public through Parliament. The move of the public interest from the concerns of the lite to the affairs of the whole population in the middle years of the last century was marked by an expansion in the work of central government and the consequent recogn ition that it had to be done with greater competence than hitherto.1 So, it is through history and the expansion of Parliament beyond imperial matters, that the convention of ministerial responsibility has evolved and now purports to reflect the increasing need of providing information, which is seen to be in the public interest. This understanding of the principle can be said to represent something romantic about the constitution, insofar as it is emblematic of our democracy and rights, in exposing the conduct of the elected government, and, ultimately, in seeing that a punishment is delivered to delinquent ministers. Aside from accountability to Parliament, the convention fixes an onus upon the sanction of resignation and it is through an examination of the extent to which ministers recognise the existence of such a punishment that it will become discernible whether it exists as constitutional myth or reality. Principally, the conve...
Saturday, November 23, 2019
Gukurahundi -- Attempted Genocide in Zimbabwe
Gukurahundi Attempted Genocide in Zimbabwe Gukurahundi refers to the attempted genocide of the Ndebele by Robert Mugabes Fifth Brigade soon after Zimbabwe gained independence. Beginning in January 1983, Mugabe waged a campaign of terror against the people in Matabeleland in the western part of the country. The Gukurahundi massacres are one of the darkest times in the countryââ¬â¢s history since its independence between 20,000 and 80,000 civilians were killed by the Fifth Brigade. History of the Shona and Ndebele There have long been strong feelings between the majority Shona people of Zimbabwe and the Ndebele people in the south of the country. It dates back to the early 1800s when the Ndebele were pushed from their traditional lands in what is now South Africa by the Zulu and Boer. The Ndebele arrived in what is now known as Matabeleland, and in turn pushed out or required tribute from the Shona living in the region. Independence Comes to Zimbabwe Independence came to Zimbabwe under the leadership of two distinct groups: the Zimbabwe African Peoples Union (Zapu) and the Zimbabwe African National Union (Zanu). Both had emerged from the National Democratic Party in the early 60s. ZAPU was led by Joshua Nkomo, a Ndebelel nationalist. ZANU was led by the Reverend Ndabaningi Sithole, a Ndau, and Robert Mugabe, a Shona. Mugabe's Rise Mugabe quickly rose to prominence and gained the post of prime minister on independence. Joshua Nkomo was given a ministerial post in Mugabes cabinet, but was removed from office in February 1982 he was accused of planning to overthrow Mugabe. At the time of independence, North Korea offered to train Zimbabwes army and Mugabe agreed. More than 100 military experts arrived and began work with the Fifth Brigade. These troops were then deployed in Matabeleland, ostensibly to crush pro-Nkomo ZANU forces, who were, of course, Ndebele. Early Rain That Washes Away Chaff Gukurahundi, which in Shona means early rain that washes away chaff, lasted for four years. It was mostly brought to an end when Mugabe and Nkomo reached a conciliation on Decemberà 22, 1987, and they signed a unity agreement. Although thousands were killed in Matabeleland and the southeast of Zimbabwe, there was little international recognition of the extensive human rights abuses (called by some an attempted genocide). It was 20 years before a report was undertaken by the Catholic Commission for Justice and Peace and the Legal Resources Foundation of Harare. The Explicit Orders of Mugabe Mugabe has revealed little since the 1980s and what he has said was a mixture of denial and obfuscation, as reported in 2015 by TheGuardian.com in the article New documents claim to prove Mugabe ordered Gukurahundi killings. The closest he came to officially taking responsibility was after Nkomo died in 1999.à Mugabe then described the early 1980s as a ââ¬Å"moment of madnessâ⬠ââ¬â an unclear statement that he has never repeated. During an interview with a South African talk show host, Mugabe blamed the Gukurahundi murders on armed bandits that were coordinated by Zapu and a few Fifth Brigade soldiers. However, recorded correspondence from his colleagues reveals that in fact ââ¬Å"not only was Mugabe fully aware of what was going onâ⬠but the Fifth Brigade was acting ââ¬Å"under Mugabeââ¬â¢s explicit orders.ââ¬
Thursday, November 21, 2019
GBI Brunei Initiatives - Transformation and Sustainability Essay
GBI Brunei Initiatives - Transformation and Sustainability - Essay Example Green building initiatives are constrained by the challenging processes of transition to sustainable development, technological setback, limited population awareness, limited skilled labor and the high cost of the green building processes. Research and literature have revealed that GBI approach is feasible, and it is in line with Vision 2035 goals. However, the dream would be effectively realized if a focus is directed on tackling the inherent obstacles. In all the efforts, there are high expectations for the government to partake further initiatives in order to align the GBIs with vision 2035 goals. In the contemporary world, the need to embrace or strive towards the attainment of green economy is particularly emphasized. The emphasis is increasingly being laid upon every area of human social and economic activity, including the building processes. In Brunei, this scenario is well depicted by the existence of Green building initiative. Green building initiative refers to use of environmental friendly practices in the design, construction and operation of buildings. It is an effort by the present generations to preserve resources and the environment for future generations. This paper analyses the GBI in Brunei, the extent Brunei has adopted the practice, the problems it is facing and how these problems can be solved. The objective of this paper is to assess the extent to which the GBI goals are feasible, highlight the inherent impediments and propose possible measures. A survey questionnaire, which is directed to designers, builders and users of different buildings, is used. Thi s is informed by the fact that the employment of questionnaire interview would be pivotal in ascertaining the commitment, as well as the perception of different stakeholders towards the GB initiative. As the globe strives to achieve a green, sustainable economy, Brunei has not been left out. This is clearly
Tuesday, November 19, 2019
Fiction analysis Essay Example | Topics and Well Written Essays - 1000 words
Fiction analysis - Essay Example Because the grandmother recognizes him, the entire family is taken back into the woods and killed with the exception of the grandmother, who is allowed to talk with the Misfit until the rest of the family is dead and then is killed there at the side of the road. A few more superficial comparisons can be made in that the main character of each story is a woman, each woman must face the death of her son and both women die by the end of the story for reasons they have little or no control over. However, there are deeper similarities between these two stories that emerge when one takes a closer look. These similarities include being written in the realist tradition, featuring men who suddenly realize their own common connections and both having a gothic element. One of the most glaring similarities between these two stories is that they are both written in the realist tradition. The realist tradition in American literature focused on the concept that people were just people, not submerge d divinities as the transcendentalists claimed or helpless victims of fate as the naturalists claimed. "These American realists believed that humanity's freedom of choice was limited by the power of outside forces" (Penrose). In other words, realism acknowledges individuals have their own power to make choices, but that they are also forced to work within boundaries established by external events. In Chopin's story, this is seen as Desiree finds herself trapped in a situation in which her beloved husband can no longer stand the sight of her because of the obviously mixed blood seen in their baby - a condition she cannot control. However, her fate is determined by her individual choice to "not take the broad, beaten road which led to the far-off plantation of Valmonde ... She disappeared among the reeds and willows that grew thick along the banks of the deep, sluggish bayou; and she did not come back again" (Chopin). It is also found in O'Connor's story as the grandmother is unable t o determine where she will go for a family vacation, but has the option of going along with the family or continuing to bid for a trip to Tennessee instead of Florida. In each case, there are limiting outside forces, but it is still the individual's choice that leads them to their fate. Both stories also have a strong gothic element. Some of the common elements of Gothic literature are emotional terror, some form of crumbling architecture, death and madness occurring among the characters, a sense of pervading darkness and plenty of secrets and hereditary curses (Hume 282). Desiree's home is dark enough to give Madame Volmonde shivers with its deeply sloping roof, "steep and black like a cowl," and the "big, solemn oaks" whose "thick-leaved, far-reaching branches shadowed it like a pall" (Chopin), giving a strong instance of foreshadowing in the symbolism used within this description. The nearby marshes, the stubble of the fields that cut Desiree's feet on the November evening that s he disappears, and the prevailing gloom of the harshly treated slaves all function to create a gothic environment. This is further enhanced by the mental anguish of the lady as she perceives
Sunday, November 17, 2019
Bylaws of Natural Health Essay Example for Free
Bylaws of Natural Health Essay Section 1: Membership shall consist only of the Director/President, Jason Wilson. ARTICLE III AMENDMENTS Section 1: These Bylaws may be amended when necessary. ARTICLE VI Restrictions on Actions 1. All the assets and earnings of the Corporation shall be used exclusively for its exempt purposes, including the payment of expenses incidental thereto. No part of any net earnings shall inure to the benefit of any employee of the Corporation or be distributed to its Directors, officers, or any private person. 2. Notwithstanding any other provision of these bylaws, the Corporation will not carry on any activities not permitted by an organization exempt under Section 501(c)(3), Internal Revenue Code, 1986, or the corresponding provision of any future federal law, or organizations whose contributions which are exempt under Section 170(c)(2), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. The Corporation shall have no capital stock, pay no dividends, distribute no part of its net income or assets to any Directors, Officers, and private property of the subscribers, Directors or Officers shall not be liable for the debts of the Corporation. 3. No substantial part of the Corporationââ¬â¢s activity shall be for the carrying on of a campaign of propaganda or otherwise attempting to influence legislation. The Corporation shall not participate in any political campaign, will not engage in political campaigns or attempt to influence legislation or interfere with any political campaign on behalf or in opposition to any candidate for public office. 4. In particular, but not without limitation of the generality of the foregoing paragraph, during such time as the Corporation may be considered a private foundation as defined by Section 509(a), Internal Revenue Code, 1986, or the corresponding provision of any future federal law, it shall not: A. Fail to distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942, Internal Revenue Code, 1986, or the corresponding provision of any future federal law. B. Engage in any act of self dealing as defined in Section 4941(d), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. C. Retain any excess business holdings as defined in Section 4943(c), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. D. Make any investment on such manner as to subject it to tax under Section 4944, Internal Revenue Code, 1986, or the corresponding provision of any future federal law. E. Make any taxable expenditures as defined in Section 4945(d), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. These bylaws were adopted on July 30, 2012. Jason Wilson, President
Thursday, November 14, 2019
Comparing Narrative of the Life of Frederick Douglass, an American Slav
Comparing Narrative of the Life of Frederick Douglass, an American Slave and Incidents in the Life of a Slave Girl What provokes a person to write about his or her life? What motivates us to read it? Moreover, do men and women tell their life story in the same way? The answers may vary depending on the person who answers the questions. However, one may suggest a reader elects to read an autobiography because there is an interest. This interest allows the reader to draw from the narrator's experience and to gain understanding from the experience. When the reader involves him/herself in the experience, the reader encounters what is known and felt by the narrator. The encounter may provide the reader an opportunity to explore a time and place long past. Reading the narratives of Frederick Douglass and Harriet Jacobs, one identifies a period when the slave's voice begins to emerge. Douglass and Jacobs emerge during the American Renaissance period. During this period, society struggles with the abolishment of slavery and women's rights. Douglass and Jacobs' narratives awaken society to the atrocities of slavery confirmed by their personal experiences. The American Renaissance, distinguished as an intellectual and artistic period, now includes, among others, Douglass and Jacobs brutal historical accounts. Douglass and Jacobs' narrative presence represents the voice slaves who desire freedom from bondage. In Trudy Mercer's "Representative Woman: Harriet Jacobs and the Incidents in the Life of a Slave Girl," she suggests both narratives work as propaganda: The slave narratives of pre-Civil War America may exemplify the earliest and most dramatic uses of the "personal as political," and the sharing of experiences ... ... the Autobiographies of Frederick Douglass and Harriet Jacobs." Melus. 22.4 (Winter 1997): 91-108. 16 April 2002 http://relayweb.hwwilsonweb.com/cgi-bin/webclient.pl?sp.usernumber.p=513630&url=yes&sp.nextform=show. Douglass, Frederick. "Narrative of the Life of Frederick Douglass, an American Slave." The Heath Anthology of American Literature. Ed. Paul Laughter. Boston: Houghton Mifflin Company, 2002. 1871-1880. Jacobs, Harriet Ann. "Incidents in the Life of a Slave Girl." The Heath Anthology of American Literature. Ed. Paul Lauter. Boston: Houghton Mifflin Company, 2002. 1962-1985. McFreely, William S. Frederick Douglass. New York: W. W. Norton & Company, 1991. Mercer, Trudy. Harriet Ann Jacobs Author of Incidents in the Life of a Slave Girl. "Representative Woman: Harriet Jacobs and Incidents in the Life of a Slave Girl." 16 April 2002.
Tuesday, November 12, 2019
A Dream – creative writing
One by one we stepped of the bus after a comfortable nap on the red beds situated at the end of the bus. I was last to get off, I had a feeling of perpetual tiredness in my legs, I felt shaky and nervous. At first I couldn't think about what I was going to do on the pitch, all I thought about was after the match. As we walked down the tunnel, I saw framed pictures of legends such as Bobby Charlton, Denis Law and Eric Cantona. The sense of ââ¬ËI could be one of them' filled my empty head full of impossible thoughts. The tunnel was painted red and white, our home colours, the colours of victory. It was very long; all you could see in the darkness was the grass at the end of the tunnel like little green spikes they stuck out of the ground with light catching glimpse of their strong straight body. The smell of the hazy grass from down the tunnel went up my nose and soon reached my brain to intensify my nerves even more. It was quite a walk down to the home changing rooms. On the way I was greeted by many enthusiastic fans but instead of helping me, this made me even shakier and plunge further into my lethargy. I couldn't understand this as I had just had a two-hour nap. I silently entered the freezing cold changing rooms, which were supposedly painted white to give each player a calm feeling, checked my watch and looked around. I felt numb, the feeling of expectation had got to me, the blood in my body began to freeze and I couldn't hear anything. After a few moments the gaffer put his arms around me and I came out of my mood. All the players were lively, each one getting changed, concentrating on their own thoughts and weird pre-match rituals and superstitions. All focused on the one thing that really mattered; winning. When everyone was ready, the gaffer started talking. He said that we be should our best and all other things a managers says to make their players comfortable. To be honest with you I wasn't listening somehow the things he said just went into one ear and out of the other like an elephant talking to a cat. All I listened to was the roars and scream of the passionate fans waiting who started on their usual tones. I think the gaffer new I wasn't concentrating. He suddenly walked towards me and patted me on the back with his warm, big-palmed hands. As he did this I felt a big burden on my back. I felt as If I was carrying a big box full of millions of hopes and desires. As we walked out of the changing rooms we were joined by the away team, who all looked irregular. I was the captain for today so I was at the front of the team. The captain for the away team looked serious; he was tall with broad shoulders, had scruffy black hair, had a cold white face like a newly chilled corpse and stank of rubber. Funny I heard he had two left feet. Now adrenaline had kicked in and excitement had begun. We started slowly walking out to the stadium and soon we got faster and faster until we were jogging. The crowd was ecstatic. The stadium was jam-packed and all I could see was a sea of flashing bulbs from the photographers. The crowd started chanting my name and soon a feeling of nausea from the grass hit me hard. I walked slowly to the centre circle, with the ball at my feet. I looked at the other team, they all looked serious and some looked at me with spite. All of their players were bigger than us; almost Herculean in stature, most of them had short black hair and muscled legs like an army of action-man dolls. I took my feet off the ball and put my worn out boots into the soft, sturdy green grass. Everyone was in their positions and the whistle was blown, we were offâ⬠¦ The whistle went and it was half time, we were 2-0 down and everybody was disappointed. In the changing rooms, it was very quiet. Not really because of anyone but because of our performance, we were being stuffed. No-one was talking. The gaffer didn't lay into us. He didn't have to. We all knew we were playing rubbish. It was now going to be like a cat and mouse chase. The expression on each players face said it all really. I was just thinking of what I was going to do. Could I pull it off? Could I do the unimaginary? Could Iâ⬠¦.. I couldn't understand why we were playing so badly but I had an epiphany, it must be because of their lazy useless captain not giving enough supportâ⬠¦. me! I was going to pull it off I told myself. I was going to do the unimaginary. I was going toâ⬠¦ I gave a huge shout of encouragement to all the players like a commander rallying his weary troops. I slowly turned my head to face the other team. They all looked happy, as if this was a stroll in the park, as if they thought it was all wrapped up, as if they thought they had me all worked out, but had they? The whistle blew once more and we were offâ⬠¦ It was the 80th minute and we scored. It was better late than never. The ball rattled the net, and bounced on the floor a few times like a bouncy ball waiting to be caught. The crowd went mad. The player, who scored, picked up the ball after a little melee with the goalie who tried to stop him. He jogged back to the centre circle with the ball, with one hand in the air, appreciating the support the fans were giving him. The whistle was blown once more and we were off againâ⬠¦ The final whistle went it was 2-2. We scored in the last dying seconds of the match. All content with ourselves we trudged off to the gaffer and sat down on the pitch. I still couldn't get my head around the smell of the grass, warm and comforting like high summers. The gaffer sent all the coaches to massage the life back to our limbs. I could see that even the fans were tired, hoarse and emotional from their unswerving enthusiasm, as most of their voices had now gone from all the shouting, but I guessed it had helped as we were still in this match. Now the tables had turned, as I looked at the other team, they were all tired and didn't have a grin on their face any more. The whistle was blown louder than before this time and again we kicked-offâ⬠¦ Extra-time ended and scores were still 2-2 and everyone looked dead beat. We kept looking at the referee as we just wanted this to end. We were under pressure and running scared. Many times I thought it might be over but I still kept my head held high as I thought I had done a pretty good job, being the captain of a previously sinking ship, though with my skill, we had avoided the metaphorical iceberg. As we were walking back to the referee, the players had their heads down, as if they were out of this. I guess this was mostly because of what was to follow, penalties! The gaffer had a little notebook and pencil in his hand as he was going round asking each player if they wanted to take a penalty, it reminded me of what had happened last time I was here. Most of them just stood still and were too shocked and scared to say anything. Although he never came around to me, I was on the list. I guess I had to take one, or be blamed if we lost. They missed one and scored the rest, we had scored all our penalties up to now. Their fans had now got restless and started booing their own team; it showed how fickle 56,000 fans can be in times of need. Their manager looked disappointed, for all the training they had put in, wasn't going to help. One more player was left to take a penaltyâ⬠¦ me, if it went in, we won, and if it didn't then more penalties would follow. I slowly started making my way to the ball. Half way, I stalled, I stood still but it seemed time had stood still. This time there was no-one near to put their arms around me to help me to come out of this mood again. My whole body froze and cold chills were sent to my brain. I looked forward and all I could see was the goalie looking nervous, billboards gaudily advertising a shirt brand and the thousands of faceless fans. Fans were screaming and shouting my name, I felt proud to be leading my team. My boots were frozen into the soft ground. No blood was felt at my toes and my knees were giving way as if my fit and tones body had been replaced by an arthritic and wizened shell. I couldn't stand any longer. There was no life left in my body. I was nervous; I was scared as I was remembering the last penalty shoot-outs. I had walked steadily to the ball and had concentrated on where I was going to kick it. The goalkeeper had gone the right way and my shot was stopped to the delight of the away supporters. They had won the cup. This was the same match, the same cup, the same away team, but would it be the same outcome. I returned to the present. My stomach was still frozen searching for any water left in my parched body, any lifeline left to give, any blood left to melt. My neck wouldn't twitch and my Adams apple felt frozen, I couldn't speak as my mouth was so dry that I felt my lips were being savaged off. My head was stiff; my face was pure cold white and my brain full of ghastly thoughts (I still couldn't get over what had happened the last time I was here). The fans started making their voices heard even more by intensifying the stadium with their passion, something not many people can give, something only a true fan possesses. Nerve receptors in my body didn't know which way to flow and no warm blood could be felt anywhere around my body except my ears. Even they wouldn't twitch, only the sound of screaming entered my ears, the sound I had heard many times throughout my lifetime. As a child I was abused by my violent father, who beat me every time I lost a match. That's why football is my life. It has always meant everything! I would scream in my bedroom but my mother was too scared to do anything about it, she too couldn't stand in my father's way. It took me until I was sixteen to stand up to him and kick him out of the house. I was bullied in school for not having a father, for not having many friends, for not having any football talent. I used to be called ââ¬Ëfootballer wannabe'; this infuriated me so much that all I concentrated on throughout my school years was football. And now what can those measly kids say to me, captain of a famous team, playing in a cup-final. Again my mind returned to the present. My body still stalled me, I didn't know what to do, either to let my knees give way, or stand there waiting for a lifeline to be found from the empty abyssâ⬠¦Ã¢â¬ ¦ Suddenly I heard the gaffer shout ââ¬Ëcome on ma lad, you can do it'. I woke of this terrible moment and blood started to flow again around my body. I coolly walked up to the ball, stepped back a few paces and ran as fast as I could towards the ball, hit it as hard as possible and stare. The ball rotated in mid-air and travelled towards the goalâ⬠¦..
Sunday, November 10, 2019
Ethical Problems in the Practice of Law: A Book Review Essay
There are a number of laws in any given society. These laws seek to manage the nature of relationships and transactions in the society. The intent is for society to be orderly, stable and based on justice (Black, 1979). In an ideal world where every human being is just and acts for the benefit of all, law might not be applicable anymore, but given the complexities of society, these laws are important in maintaining order and enforcing justice. Laws are written and legislated usually by the duly elected members of the legislature of the government in any nation. These laws are based on the norms, the value system and at times, the dominant ideology in the society (Dworkin, 1986). The major aspects of the relationships and transactions between and among humans are covered by the laws of the land. There are laws that define what is considered as crime in the society and how such crimes will be punished if committed by any member of the given society. There are also laws that govern the contracts and obligations entered into by two or more people. Laws like these prescribe the ideal nature of such contracts and obligations, and also stipulate what are prohibited. In addition to this, there are laws that seek to protect citizens from the negligence of others or any acts committed that may impinge upon the rights of others (Glenn, 2000). The properties of citizens are also protected under the law. Such property laws govern the ownership of people over land and other properties that belong to them. This way, their rights to their properties are protected. On top of these laws, the Constitution is the basic law that guarantees the freedoms, rights, and duties of the citizens of a particular country. The Constitution is also supported by other laws and policies that seek to reinforce and guarantee the freedoms and rights of the citizens. This body of laws collectively seeks to make society orderly (Glenn, 2000). Legislators write and enact laws for the society, the police and other government agencies enforce such lawsââ¬âthose who uphold the law are rewarded, albeit subtly, and the violators are apprehended and punished accordingly. The violators are not punished immediately, however, as they are also entitled to be tried and litigated under the judicial system of the society where they belong to. This is where the judiciary steps in. Through the institution of the dispensation of justice, accused persons may argue about their innocence and the aggrieved parties may bring their cases to the judicial officials against the people who apparently wronged them. In this process, lawyers perform a significant task (Glenn, 2000). Lawyers in the Legal System Lawyers are the professionals who interpret the provisions of the laws of the society and looks at the principles in these laws and present solutions and applications regarding difficulties and interpretations of these laws. In litigations, the services of lawyers are hired by both the accused persons and the aggrieved party. This is because these laypersons do not have a nuanced understanding of the law, its applications, ambiguities and interpretations. As such, they would need the help of lawyers in sorting through their experiences and proving the merits of their case in the courts (Glenn, 2000). Consequently, they would seek redress in cases where their rights are impinged upon. This article reviews Ethical Problems in the Practice of Law, written by Lerman & Schrag (2005). It looks at the major topics covered by the authors as well as the main points they make in the book. It will also evaluate these arguments in light of several literatures written about the same subject matter. In order to review the book more effectively, the role of lawyers in the legal system and the kinds of relationships that they have with their clients should be reviewed first. This will provide a solid background about the law and the nature of the lawyersââ¬â¢ profession prior to the discussion of the major themes and issues discussed by Lerman & Schrag (2005) in their book. The law profession, however, is not limited to this kind of practice. There are various other ways in which lawyers use their knowledge and expertise. Several kinds of responsibilities are performed by lawyers, depending on the country in which they practice. These responsibilities include the following. For one, lawyers present legal arguments in the courts of law. In this regard, the lawyer represents his client in the court proceedings and presentation of arguments. Some countries may allow persons to present arguments in the courts without the help of lawyers. However, this may prove inefficient as individuals may not be aware of how the legal system works. Hence, lawyers make it possible for the proceedings to go as smoothly as possible (Kent, 2002). Lawyers are also engaged in the research, drafting and final writing of papers for the use of courts. Prior to the delivery of oral arguments, lawyers provide a brief of the backgrounds, facts and main points of the case. In short, lawyers are called upon to deliver both their written and oral arguments regarding the cases which they are handling. Before the actual process of litigation and court hearing, however, the lawyer would need to be in consultation with his or her clients about the provisions of the law and other matters that directly affect the case being brought to the courts. Even without litigation or court cases, lawyers still provide necessary legal advice to those who seek their services (Abel & Lewis, 1988). Part of the lawyersââ¬â¢ work is also the protection of intellectual property rights and the management of contracts. In relation to this, contracts are either drafted by a lawyer or the draft passes through them for review and revision in accordance with what the law allows in such cases. The transfer of deeds of real properties is also done by lawyers. The legal documents as well as the necessary processes are facilitated by the lawyer in this regard. Moreover, the wills, trusts of people who expect their demise soon; or those who have already passed away are implemented by lawyers. Lastly, lawyers prosecute or defend people who are suspected of having committed crime (Abel & Lewis, 1988). Before a person could practice law, he should have completed the prescribed course of study, and usually, he should have passed the bar examinations. The purpose of this is to ensure that those who practice law are indeed capable of doing so and that they are accountable to the government and to the society as a whole in the practice of their profession (Abel & Lewis, 1988). Lawyers and the Need for Regulation Requiring lawyers to acquire license prior to practicing law is one strategy in regulating the profession. Only those who pass the required standards would be able to practice law. Once the lawyers have their licenses, however, the necessity for regulation is still evident because of the relationship of the lawyer with its clients. The rights of the clients of lawyers should also be ensured and protected against the malpractice and abuse of lawyers. In some countries, the Department of Justice is the government agency that governs regulates lawyers. In other countries, it is the Supreme Court (Abel & Lewis, 1988). The role of lawyers in the society is important. As such, should they fail or make mistakes, they compromise the reputation of the profession. Because of the sensitivity of the relationship of lawyers with their clients, the need for regulation in the profession cannot be overemphasized. Against the backdrop of the ethical issues besieging the legal profession, the textbook on legal ethics written by Lerman and Schrag (2005) provides practical guidance together with an explanation of the foundational principles and the laws that govern the situations where issues of legal ethics may arise. Another important reason for the regulation of the practice of law is the existence of a myriad of ethical issues that should be confronted by lawyers in their profession. Lerman and Schragââ¬â¢s (2005) Ethical Problems in the Practice of Law, explores the laws and other related institutions that govern and regulate lawyers and the way that they practice law. In addition to this, the authors dealt with the practical aspects of these laws as they apply to torts, contracts and obligations, the prosecution and defense of suspected criminals, real estate, family law and civil law. The authors formatted their book such that it would be easily accessible and readable. It also contains digests of important related doctrines to the topic that they are exploring. Such highlighting of related doctrines can be found throughout the book. They also presented judicial opinions in their edited versions so that the student will not need to go through every minute detail of the cases. In terms of presentation, the authors used the Socratic method of presenting questions and answers for the purpose of presenting the laws and the major issues governing such issues. Since the law profession is rife with ethical issues, the authors also found it expedient to include rules governing professional conduct. Such set of rules are important for lawyers in helping them practice their profession. This cursory examination of the book will be further expanded in the succeeding sections. A detailed review of the chapters of the book will be made. This review will also look at the language used by the authors, the level of language, the main points of their chapters and the solutions they provided to several problematic areas presented in the text. Background on the Authors The authors of Ethical Problems in the Practice of Law have had experience and authority in the subject that they have written about. They have had extensive classroom experience; they have also researched and practiced the law profession throughout their career and they have been engaged in the policy-making process. This broad range of experience make Lerman and Schrag as veritable authors in the field of legal ethics and their book is a testament to these experiences. Lisa G. Lerman Since 1987, Lisa G. Lerman has served as a law professor at the Columbus School of Law at the Catholic University of America. She has had extensive experience in teaching contracts, exercising lawyersââ¬â¢ professional responsibility and the practicum on public policy. In addition to this, she has written numerous articles on law firms, the practice of law, about lawyers, and law education. Her focus used to be domestic law; however, she has focused on the relationship of lawyers and clients, together with the issue of dishonesty of lawyers occupying her attention. Prof. Lerman has long been considered an expert on ethics on the legal profession. In recognition of her advocacy, she has been named the chair of the ABA National Conference on Professional Responsibilityââ¬â¢s Planning Committee. Given these plethora of achievements and experiences, she is an authority on the subject she has co-written with Philip G. Schrag (Catholic University of America Website, 2007). Philip G. Schrag Philip G. Schrag, on the other hand, is a professor of Civil Procedure at Georgetown Law School of the Georgetown University. He is currently the Director of the Center for Applied Legal Studies. He also provides career guidance to lawyers through the Public Interest Law Scholars Program. He has also served as a civil servant by writing legislations, notable among these are New York Cityââ¬â¢s Consumer Protection Act of 1969 and his involvement with several boards and agencies of the government. He has written twelve books (Georgetown Law Website, 2007). Organization of the Book Ethical Problems in the Practice of Law has been organized thematically. It has ten (10) chapters that explore deeply and comprehensively the end-to-end practice of the legal profession from the provision of legal advice, the conduct of the representation of clients in the courts as well as the legal and ethical obligations of lawyers even after they have represented a client. The Regulation of Lawyers Chapter 1 deals with the regulation of lawyers. They explained the basis of the process of making prospective lawyers go through the bar examinations in order to get their license. They also enumerated and explained the institutions that make the regulations in the legal profession. These institutions are crucial in ensuring that lawyers are practicing their profession in accordance with the law and without impinging upon the rights of their clients. These institutions are: (1) the highest state courts; (2) bar associations; (3) lawyer disciplinary agencies; (4) the American Bar Association; (5) the American Law Institute; (6) Federal and State trial courts; and (7) the Legislatures among others. The authors also took a look at the law governing lawyers. They walked through the special provisions of this law and cited instances in which the provisions of this law could be useful and where there are ambiguities and vagueness. In addition to this, Lerman and Schrag provided cases and examples to illustrate the principles that they discussed. Lawyers and the Confidentiality of Clients Client confidences and the duties of lawyers to protect this confidential information is the subject matter of Chapter 2. The duo started out by defining the bases of confidentiality and the way that clients provide their trust to their lawyers. There are instances, however, in which this duty to protect confidentiality may be exempted and the law and national interest may even compel the lawyer to disclose some important matters confided to him by the client. In any case, however, the lawyer should never disclose confidential information from a client in the interest of personal gain or for the use of another client as this may be construed as a violation of the trust granted to the lawyer by the client. The chapter closes with several tips and suggestions on informing the clients about confidentiality and how such confidentiality may be protected.
Thursday, November 7, 2019
A Look at Shakespeares 154 Sonnets
A Look at Shakespeare's 154 Sonnets Shakespeare wrote 154 sonnets, which were collected and published posthumously in 1609. Many critics segment the sonnets into three groups: The Fair Youth Sonnets (Sonnets 1 ââ¬â 126)The first group of sonnets are addressed to a young man with whom the poet has a deep friendship.The Dark Lady Sonnets (Sonnets 127 ââ¬â 152)In the second sequence, the poet becomes infatuated with a mysterious woman. Her relationship with the young man is unclear.The Greek Sonnets (Sonnets 153 and 154)The final two sonnets are very different and draw upon the Roman myth of Cupid, to whom the poet has already compared his muses. Other Groupings Other scholars lump the Greek Sonnets with the Dark Lady Sonnetsà and call out a different cluster (Nos. 78 to 86) as the Rival Poet Sonnets. This approach treats the subjects of the sonnets as charactersà and invites ongoing questions among scholars about the degree to which the sonnets may or may not have been autobiographical. Controversies Although its generally accepted that Shakespeare wrote the sonnets, historians question certain aspects of how the sonnets came to print. In 1609, Thomas Thorpe publishedà Shakes-Peares Sonnets; the book, however, contains a dedication by T.T. (presumably Thorpe) that confounds scholars as to the identity of whom the book was dedicated, and whether the Mr. W.H. in the dedication may be the muse for the Fair Youth Sonnets. The dedication in Thorpes book, if it had been written by the publisher, may imply that Shakespeare himself did not authorize their publication. If this theory is true, its possible that the 154 sonnets we know today dont constitute the totality of Shakespeares work.
Tuesday, November 5, 2019
10 Things You Should Never Say During An Exit Interview
10 Things You Should Never Say During An Exit Interview Youââ¬â¢ve quit your job to move onto sunnier pastures. Or perhaps youââ¬â¢ve even been laid off. For whatever reason, if youââ¬â¢ve been called in for an exit interview, itââ¬â¢s best to be prepared. Itââ¬â¢s a great opportunity to be honest about your experience at that company or in that position, and a great way to get honest feedback about your performance. And, while you may want to burn the place down on your way out the door, itââ¬â¢s important to keep things cordial and professional. You never know when you might run into this HR rep or that co-worker again. Take the high ground and refrain from burning any bridges.Here are 10 things you should never say beforeà your exit interview.1. ââ¬Å"This place is ââ¬Ëgoing downhill/a sinking ship/lost without meâ⬠If youââ¬â¢re really as invaluable and under-appreciated as you feel, theyââ¬â¢ll notice the lack of you just fine on their own. Donââ¬â¢tà alienate anyone in the process. Avoid soundi ng egotistical or nihilistic. Keep it classy.2. ââ¬Å"So-and-so was mean to me/did something bad/hates it here, tooâ⬠Pointing fingers is just rude. So is getting a colleague, no matter how hated, into trouble. And outing someone for being miserable in a job is never a kindness. What if they canââ¬â¢t find a suitable substitute and are stuck there? You will have made their lives miserable for no reason.3. ââ¬Å"SHOW ME THE MONEY!â⬠Donââ¬â¢t make it about money. Donââ¬â¢t insinuate the company isnââ¬â¢t viable or solvent, or that youââ¬â¢re just a total mercenary out to make as much as you can with no sense of loyalty whatsoever. If you must cast your new job in a more favorable light, emphasize your need for more challenges and growth and thank them for the opportunities theyââ¬â¢ve given you to learn.4. @%!$#You may feel like running naked through the office with both middle fingers pointed high and dropping f-bombs in your path as you depart, but pleas e curtail that urge. Stay professional, take the higher path, lead by example. The last thing you want is a reputation for being a loose-cannon lunatic in your industry. And believe me, word will get around if you fly off the handle.5. ââ¬Å"Never, ever again.â⬠You may know your limits. You may be 110% sure youââ¬â¢d never ever consider working there again. But itââ¬â¢s best to leave unsaid.6. ââ¬Å"You could have made me stay, you know. If only you hadâ⬠¦Ã¢â¬ Insert: ââ¬Å"offered me more money,â⬠ââ¬Å"given me Karenââ¬â¢s office,â⬠ââ¬Å"bribed me.â⬠There is nothing productive that can follow this. If they really wanted you to stay, they would have tried to make you a convincing offer. Thereââ¬â¢s no sense pointing out the obvious.7. ââ¬Å"Nobody likes working here.â⬠This is only marginally better than outing a particular colleague, but still not a wise choice. If management has no idea that everyone is miserable, then that is the ir problem. Nothing you do or say will make it any better. It might actually make it worse.8. ââ¬Å"I really think you should have put in a snack machine.â⬠Anything that makes a very specific point about equipment or physical office space is probably a waste of (both) your time. Keep it in the neighborhood of things that matter.9. ââ¬Å"Hateâ⬠Even if you just want to mention that you hated a particularly vexing software system, donââ¬â¢t resort to using the word ââ¬Å"hate.â⬠Itââ¬â¢s far too strong and makes you look weak and immature.10. ââ¬Å"My boss was just awful.â⬠This is probably the worst possible thing you can say in one of these situations. Even if itââ¬â¢s true and your boss was Machiavelli himself, stay classy and donââ¬â¢t let anyone accuse you of having a vendetta or a bias. There are ways to be honest about the working environment or impediments to your being able to faithfully execute your job without being vindictive.
Sunday, November 3, 2019
Management Information Essay Example | Topics and Well Written Essays - 2500 words
Management Information - Essay Example In this scenario management of corporation has decided to implement a new technology based structure and platform that would have the capability to effectively manage and control all the business operations. This report outlines the new information system (IS) strategy for the Golden Fleece Hotel. In addition, this report will offer an analysis of the key aspects of information system strategy and how it will increase revenue for the organization. The business of Golden Fleece Corporation involves the management of hotel. This business was established in 1999 and now became a large size organization. In potential advancements of the business there are some business problems. Golden Fleece hotel is based on 100-à room resort hotel located in South Yorkshire. In addition, Golden Fleece hotel is mainly aimed at targeting the business people and travellers. In this scenario the business owner ââ¬ËHugh Johnsonââ¬â¢ wants to offer its customers unique hotel experience and enjoyment facilities. However, in potential enhancement in the business of the Golden Fleece there are some problems regarding management of business operations and tasks, for instance, effective management of the business, customer and resources data handling. However, by seeing the potential enhancements in the field of information technology the management of Golden Fleece has decided to implement and incorporate new technology to manage the business op erations. This report onward will present some of main aspects regarding development of the new information strategy (IS) strategy for the Golden Fleece Hotel. The business of Golden Fleece Hotels flourished really much in beginning years however as the business enhanced its traditional business structure was not capable to handle the business operations. Additionally, the business also faced some economic down term. Thus, the Golden Fleeceââ¬â¢s occupancy rate had begun to fall. The main
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