Zoe’s Tale PART I Chapter Eight

â€Å"You seem sad,† Hickory said, as we took the shuttle back to Phoenix Station. Dickory sat next to Hickory, impassive as ever. â€Å"I am sad,† I said. â€Å"I miss my mother and father.† I glanced over to John, who was sitting in the front of the shuttle with the pilot, Lieutenant Cloud. â€Å"And I think all this moving and leaving and going is getting to me a little bit. Sorry.† â€Å"No need to apologize,† Hickory said. â€Å"This journey has been stressful for us, too.† â€Å"Oh, good,† I said, turning back to the two of them. â€Å"Misery loves company.† â€Å"If you would like we would be happy to try to cheer you up,† Hickory said. â€Å"Really,† I said. This was a new tactic. â€Å"How would you do that?† â€Å"We could tell you a story,† Hickory said. â€Å"What story?† I asked. â€Å"One that Dickory and I have been working on,† Hickory said. â€Å"You've been writing?† I said. I didn't bother to keep the incredulousness out of my voice. â€Å"Is it that surprising?† Hickory said. â€Å"Absolutely,† I said. â€Å"I didn't know you had it in you.† â€Å"The Obin don't have stories of their own,† Hickory said. â€Å"We learned about them through you, when you had us read to you.† I was puzzled for a minute, and then I remembered: When I was younger I asked Hickory and Dickory to read bedtime stories to me. It was a failed experiment, to say the least; even with their consciousness machines on, neither of them could tell a story to save their lives. The beats were all wrong – they didn't know how to read the emotions in the story is the best way I can put it. They could read the words, all right. They just couldn't tell the story. â€Å"So you've been reading stories since then,† I said. â€Å"Sometimes,† Hickory said. â€Å"Fairy tales and myths. We are most interested in myths, because they are stories of gods and creation. Dickory and I have decided to make a creation myth for the Obin, so we have a story of our own.† â€Å"And this is the story you want to tell me,† I said. â€Å"If you think it would cheer you up,† Hickory said. â€Å"Well, is it a happy creation myth?† I asked. â€Å"It is for us,† Hickory said. â€Å"You should know you play a part in it.† â€Å"Well, then,† I said. â€Å"I definitely want to hear it now.† Hickory conferred with Dickory quickly, in their own language. â€Å"We will tell you the short version,† Hickory said. â€Å"There's a long version?† I said. â€Å"I'm really intrigued.† â€Å"The remainder of the shuttle ride will not be long enough for the long version,† Hickory said. â€Å"Unless we then went back down to Phoenix. And then back up. And then back down again.† â€Å"The short version it is,† I said. â€Å"Very well,† Hickory said, and began. â€Å"Once upon a time – â€Å" â€Å"Really?† I said. â€Å"‘Once upon a time'?† â€Å"What is wrong with ‘once upon a time'?† Hickory asked. â€Å"Many of your stories and myths start that way. We thought it would be appropriate.† â€Å"There's nothing wrong with it,† I said. â€Å"It's just a little old-fashioned.† â€Å"We will change it if you like,† Hickory said. â€Å"No,† I said. â€Å"I'm sorry, Hickory, I interrupted you. Please start again.† â€Å"Very well,† Hickory said. â€Å"Once upon a time†¦Ã¢â‚¬  Once upon a time there were creatures who lived on a moon of a large gas planet. And these creatures did not have a name, nor did they know they lived on a moon, nor did they know that moon circled a gas planet, nor what a planet was, nor did they know anything in a way that could be said that they were knowing it. They were animals, and they had no consciousness, and they were born and lived and died, all their lives without thought or the knowledge of thought. One day, although the animals knew nothing of the idea of days, visitors came to the moon that circled the gas planet. And these visitors were known as Consu, although the animals on the planet did not know that, because it was what the Consu called themselves, and the animals were not smart and could not ask the Consu what they called themselves, or know that things could have names. The Consu came to the moon to explore and they did, noting all the things about the moon, from the air in its sky to the shape of its lands and waters to the shape and manner of all the life that lived in the moon's land, air and water. And when they came to these certain creatures who lived on this moon, the Consu became curious about them and how they lived their lives, and studied them and how they were born and lived and died. After the Consu had watched the creatures for some time the Consu decided that they would change the creatures, and would give them something that the Consu possessed and that the creatures did not, which was intelligence. And the Consu took the genes of the creatures and changed them so that their brains, as they grew, would develop intelligence well beyond what the creatures would themselves achieve through experience or through many years of evolution. The Consu made these changes to a few creatures and then set them back on the moon and over many generations all the creatures became intelligent. Once the Consu gave intelligence to the creatures they did not stay on the moon, nor shared themselves with the creatures, but departed and left machines above the sky, which the creatures would not see, to watch the creatures. And so the creatures for a very long time did not learn of the Consu and what they had done to the creatures. And for a very long time these creatures who now had intelligence grew in number and learned many things. They learned how to make tools and create a language and work together for common goals and to farm the land and mine metals and create science. But although the creatures thrived and learned, they did not know that they among all intelligent creatures were unique, because they did not know there were other intelligent creatures. One day, after the creatures had gained intelligence, another race of intelligent people came to visit the moon, the first since the Consu, although the creatures did not remember the Consu. And these new people called themselves the Arza and each of the Arza also had a name. And the Arza were amazed that the creatures on the moon, who were intelligent and who had built tools and cities, did not have a name and did not have names for each of their number. And it was then the creatures discovered through the Arza what made them unique: They were the only people in all the universe who were not conscious. Although every creature could think and reason, it could not know itself as every other intelligent creature could know itself. The creatures lacked awareness of who they were as individuals, even as they lived and thrived and grew on the face of the moon of the planet. When the creatures learned this, and although no individual could know it felt this, there grew within the race of these creatures a hunger for that thing they did not have: for the consciousness that the creatures knew collectively they did not have as individuals. And this is when the creatures first gave themselves a name, and called themselves â€Å"Obin,† which in their language meant â€Å"The ones who lack,† although it might be better translated as â€Å"The deprived ones† or â€Å"The ones without gifts,† and although they named their race they did not give names to each of their individual number. And the Arza took pity on the creatures who now called themselves Obin, and revealed to them the machines that floated in the sky and that were put there by the Consu, who they knew to be a race of immense intelligence and unknowable aims. The Arza studied the Obin and discovered that their biology was unnatural, and so the Obin learned who had created them. And the Obin asked the Arza to take them to the Consu, so they could ask why the Consu had done these things, but the Arza refused, saying the Consu met only with other races to fight them, and they feared what would happen to the Arza if they brought the Obin before the Consu. So it was the Obin determined they must learn to fight. And while the Obin did not fight the Arza, who had been kind to the Obin and took pity on them and then left the Obin in peace, there came another race of creatures called the Belestier, who planned to colonize the moon on which the Obin lived and kill all the Obin because they would not live in peace with them. The Obin struggled with the Belestier, killing all those who landed on their moon, and in doing so found they had an advantage; because the Obin did not know themselves, they were not afraid of death, and had no fear where others had fear in abundance. The Obin killed the Belestier, and learned from their weapons and technology. In time the Obin left their own moon to colonize other moons and grow their numbers and make war on other races when those other races chose to make war on the Obin. And there came a day, after many years, when the Obin decided they were ready to meet the Consu, and found where they lived and set out to meet them. Although the Obin were strong and determined, they did not know the power of the Consu, who brushed them aside, killing any Obin who dared to call or attack, and there were many thousands of these. Eventually the Consu became curious about the creatures they had made and offered to answer three questions for the Obin, if half the Obin everywhere would offer themselves up as a sacrifice to the Consu. And this was a hard bargain, because although no individual Obin would know its own death, such a sacrifice would wound the race, because by this time it had made many enemies among the intelligent races, and they would most certainly attack the Obin when they were weak. But the Obin had a hunger and needed answers. So one half of the Obin willingly offered themselves to the Consu, killing themselves in all manner of ways, wherever they were. And the Consu were satisfied and answered our three questions. Yes, they had given the Obin intelligence. Yes, they could have given the Obin consciousness but did not, because they wanted to see what consciousless intelligence was like. No, they would not now give us consciousness, nor would they ever, nor would they allow us to ask again. And since that day the Consu have not allowed the Obin to speak to them again; each embassy to them since that day has been killed. The Obin spent many years fighting many races as it returned itself to its former strength, and in time it became known to other races that to fight with the Obin meant death, for the Obin would not relent or show mercy or pity or fear, because the Obin did not know these things themselves. And for a long time this was the way of things. One day a race known as the Rraey attacked a human colony and its space station, killing all the humans they could. But before the Rraey could complete their task, the Obin attacked them, because the Obin wanted the colony world for themselves. The Rraey were weakened after their first attack and were defeated and killed. The Obin took the colony and its space station, and because the space station was known as a scientific outpost, the Obin looked through its records to see what useful technology they could take. It was then that the Obin discovered that one of the human scientists, who was named Charles Boutin, was working on a way to hold and store consciousness outside of the human body, in a machine based on technology the humans had stolen from the Consu. The work was not done, and the technology was not something the Obin at the space station could follow, nor the Obin scientists whom they had brought along. The Obin looked for Charles Boutin among the human survivors of the space station attacks, but he was not to be found, and it was discovered that he was away from the station when it was attacked. But then the Obin learned that Charles Boutin's daughter Zoe had been on the space station. The Obin took her from the station and she alone was spared among the humans. And the Obin kept her and kept her safe and found a way to tell Charles Boutin that she was alive and offered to return her if he would give the Obin consciousness. But Charles Boutin was angry, not at the Obin but at the humans who he thought had let his daughter die, and demanded in exchange for giving the Obin consciousness, that the Obin would make war on the humans, and defeat them. The Obin could not do this themselves but allied with two other races, the Rraey, whom they had just attacked, and the Enesha, who were allies of the humans, to make war on the humans. Charles Boutin was satisfied and in time joined the Obin and his daughter, and worked to create consciousness for the Obin. Before he could finish his task, the humans learned of the alliance between the Obin and the Rraey and the Enesha, and attacked. The alliance was broken and the Enesha were made to war on the Rraey by the humans. And Charles Boutin was killed and his daughter Zoe was taken from the Obin by the humans. And although no individual Obin could sense it, the entire nation despaired because in agreeing to give them consciousness Charles Boutin was their friend among all friends, who would do for them what even the great Consu would not: give them awareness of themselves. When he died, their hope for themselves died. To lose his daughter, who was of him and who was dear to them because of him, compounded this despair. And then the humans sent a message to the Obin that they knew of Boutin's work and offered to continue it, in exchange for an alliance and the agreement by the Obin to war on the Enesha, who had allied with the Obin against the humans, once the Enesha had defeated the Rraey. The Obin agreed to this but added the condition that once the Obin were given consciousness that two of their number would be allowed to know Zoe Boutin, and to share that knowledge with all other Obin, because she was what remained of Charles Boutin, their friend and their hero. And so it was that the Obin and the humans became allies, the Obin attacked and defeated the Enesha in due time, and the Obin, thousands of generations after their creation, were given consciousness by Charles Boutin. And among their number, the Obin selected two, who would become companions and protectors to Zoe Boutin and share her life with her new family. And when Zoe met them she was not afraid because she had lived with the Obin before, and she gave the two of them names: Hickory and Dickory. And the two of them became the first Obin to have names. And they were glad, and they know they are glad, because of the gift Charles Boutin gave them and all Obin. And they lived happily ever after. Hickory said something to me I didn't hear. â€Å"What?† I said. â€Å"We are not sure ‘and they lived happily ever after' is the appropriate ending,† said Hickory, and then stopped and looked closely at me. â€Å"You are crying,† it said. â€Å"I'm sorry,† I said. â€Å"I was remembering. The parts of it I was in.† â€Å"We told them wrong,† Hickory said. â€Å"No,† I said, and put up my hand to reassure it. â€Å"You didn't tell it wrong, Hickory. It's just the way you tell it and the way I remember it are a little†¦Ã¢â‚¬  I wiped a tear off my face and searched for the right word. â€Å"They're just a little different, is all.† â€Å"You do not like the myth,† Hickory said. â€Å"I like it,† I said. â€Å"I like it very much. It's just some things hurt me to remember. It happens that way for us sometimes.† â€Å"I am sorry, Zoe, for causing you distress,† Hickory said, and I could hear the sadness in its voice. â€Å"We wanted to cheer you up.† I got up from my seat and went over to Hickory and Dickory and hugged them both. â€Å"I know you did,† I said. â€Å"And I'm really glad you tried.†

Mendel Vs. Darwin

Dear Mr.. Mendel, I am very Interested In your study of genetics. I also am a Naturalist and we share the same passion for Gods creation. I have known, from your studies of genetics, organisms may only pass down traits to their offspring that they were born with. This proved Lamarckism theory to be incorrect. Your studies show many helpful genetic facts. One of which is all members of a species are all different in some way. This ties together part of my own theory called Natural Selection.I too believe that all organisms are born with different variations. Variations that help to get food or escape from predators will help that animal survive. Then, those animals will reproduce offspring with the helpful variation. Your genetic studies reinforce my theory of Natural Selection. One of our few differences is that you conduct controlled experiments, while I simply observe nature. Much of my work took place while sailing on the Beagle around South America and Africa. I observed the natu ral life and took notes.You seem to Like working In a laboratory while I Like to explore the world and see nature as It happens. Our methods of study are almost opposite, but both reveal much information. Every organism's difference is a variation. While I traveled to the Galapagos, I noticed many variations in the finch species. From island to island, each finch bird has a different type of beak. I hypothesize this is because each island has different food sources so each bird adapted to their environment.Some have sharp, thin beaks to separate insects while others on different islands have shorter beaks to pick seed off the ground. I understand that in your research with peas you have found out that offspring inherit only traits that the parents were born with. I formed similar thoughts about the finches. As you may be thinking, my theory Is very controversial within the church. Most people think low upon me for believing my theory. Some say Natural Selection Is going against the churches belief of the Genesis written In the Bible.Fortunately for you, you are part of the monastery. You have your colleagues to support your ideas and thoughts. I am in the process of writing book to express my ideas to the people. I hope my ideas will be revolutionary and change the thoughts of evolution. My wish is that society will someday find value in my research, even if it is rejected by the church in present. Sincerely, Charles Darwin Mendel Vs.. Darwin By resourcefulness I am very interested in your study of genetics. I also am a Naturalist and we share the same passion for God's creation.I have known, from your studies of genetics, One of our few differences is that you conduct controlled experiments, while I seem to like working in a laboratory while I like to explore the world and see nature as it happens. Our methods of study are almost opposite, but both reveal much As you may be thinking, my theory is very controversial within the church. Most people think low upo n me for believing my theory. Some say Natural Selection is going against the churches belief.

Law of Torts

PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester, 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition, distinction between tort, crime, contract, breach of trust. 2. Essential conditions of liability – Damnum Since injuria, Injuria sine damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability, principles of insurance in torts. 4.Capacity of parties to use and / or be used – State its subordinates – executive officers, judicial officers – mirrors corporation, unicorporated bodies, trade unions, etc foreign soveriengs, convicts bank rupts. 5. General defences – consent, resources cases, inevitable accident, Act of G mistake private defence, necessity statutory authority, act of State. 6. Remedies – Judical and extra judicial Damages- kinds of damages remoteness of damages- comparison with principles in contracts ; novas actus intervenes, successive action on the same facts, Merger of tort in felony. . Vicarious liability – Master and Servant – Distinction between servant and independent contractor, concept of servant, course of employment, Hospital cases, Masters duties towards servants, servants duties to his master, Servant with two masters, common employment, liability for tort of independence contractors, criminal acts of servants. 8. Joint tort feasors – common law rules, law reform act, 1935 applicability in India of the English principles. 9. Effect of death of parties in tort – Motor Vehicle accident cases. Specific Torts : 10.Wrong to person – assult, battery, false imprisonment 11. Wrongs to property – trespass to land, continuing trespass, trespass to goods, convesion, detinue specific restitution. 12. Wrong to reputation – defamation – libel, slander- principles governing li ability for defamation; defences – Justificaiton fair comment principles – absolute and qualified. 13. Negligence – Proof of negligence principle in Donoghue Vs Stevenson, requirements standard of care, resipsa loquiture contributory negligence, principles in Devies Vs Mann the last opportunity rules- constructive last opportunity rule. 4. Dangerous chattels – duty to persons permitted or invited to use chattel duty to immediate and ultimate transferee.23 15. Deceit- rule in Derry Vs Peek, principles of liability, exceptions – liability for negligent mis statement. 16. Injury of Servitudes, Nuisance, Private and Public – defences valid and invalid 17. Occupier’s liability – (1) under a contract (2) as invitee (3) as licence (4) as trespasser (5) Child Visitor. 18. Conspiracy – requirements 19. Injurious falsehood – slander of title, slander of goods – passing off interference with freedom of contract, intim ation. 0. Wrongs of family relations – husband and wife, parents and child, seduction – enticement, loss of service. 21. Strict liability- rule in Rylands Vs Fletcher, exceptions to the rule, liability for animals, cattle trespass. 22. Abuse of legal process – malicious prosecution, malicious civil proceedings, maintenance and champerty. New and emergent torts (Pages 36 to 43 of Salmond, 20th ed. And pages 324 to 327 of Pillai – 8th Edition) Books for Reference 1. 2. 3. 4. 5. 6. 7. Salmond Winfield Ratanlal Ramaswamy Iyer Gandhi B. M.Achutan Pillai James Law of Torts Law of Torts Law of Torts Law of Torts Law of Torts Law of Torts Introduction of the Law of Torts Cases to be studies 1. Ashby Vs White : Smith leading cases 266 912 ed (Legal Damages) 2. Mayor of Bradford Vs Pickles : (1895) AC 587 (Malic – relevancy) 3. Haynes Vs Harwood (1935) 1 KB 146 (Rescue Cases) 4. Stanley Vs Powell : 11 (1891) 1 OB 86 (Inveitable accident) 5. Bird Vs Hallorook (1828) 4 Bing 628=861 of Morrison – case on Torts (No duty to trespasser) 6. Bird Vs Hallorook (1828) 4 Bing 628=861 of Morrison –case on Torts (No duty to trespasser) 7.Buron Vs Denman (1848) 2 Ex 167 (Act of State) 8. Mersey Docks & Harbour Board Vs Coggins and Griffiths : (1946) 2 ALER 345 (Liability of the servant lent to another) 9. Llyod Vs Grace, Smith and Co (1912) 1 ABD 814 (Liability for projection over highway and for independent contracts act) 10. Tarry Vs Ashtorf (1876) 1 ABD 814 (Liability for projection over highway and for independent contractors acts) 11. Kasturilal and Ralia Ram Vs State of UP AIR 1965 SC 1039 (Governments liability for torts of its servants) 4 12. Wilsons and Clyde coas Co Vs English (1938) AC 57 = (1973) 03 All ER 628 (Masters duty to servants) 13. Polemis and furness with and Co (1921) 3 KB 560 (Fest Remoteness) 14. Over seas Tankshop (JK) Ltd Morts Dock and Engineering Co (1961) AC 388 = (1961) 1 ALL ER 494 (Tests of remoteness o f damage) 15. Rose Vs Ford (1937) AC 826 (1937) 3 ALL ER (359) Damages for loss of expectation of life. 16. Bird Vs Jones (1845) 7 AB 742 temporary false imprisonment (1912) KB 496 (necessity as a justification) 17.Six carpenters case (1610) 8 Co Rep 146 on Smith leading cases Vol 1 P 127 (Tress ab initio) 18. Cassidy Vs Daily Mirror News papers Ltd (1929) 2 KB 331 (defamation unintentional publication) 19. Blyth Vs Birmingham Water worked Co (1856) II Ex 781 (Definition of negligence) 20. Donoghue Vs Stevenson (1932) AC 562 (damages for breach of duty of care negligence) 21. Davies Vs Mann (1842) 10 546 or Morrison cases on torts 688 (last opportunity rules) 22. British Columbia Electric Railway Vs Loach (1916) 1 AC 759 (Constructive last opportunity rules) 23.Hambrook Vs Stroke Brothers (1925) 1 KG 141 (Nervous Shac) 24. Derry Vs Peek (1889) 14 AC 337 (deceit requirements of) 25. Hedley Byrne and Co ltd Vs Heller and Partners Ltd (1963) 2 ALL ET 575 (Liability for negligent mis st atements) 26. Francis Vs Cockrel (1870) LR 5 OB 591 (concept of dangerous premises) 27. Fairman Vs Peretuall investment building society (1923) AC 74 Occupoiers duty to licences) 28. Indermour Vs Dames (1866) LR 1 CP 274 (Occupiers liability to persons entering under contract) 29.Cooke Vs Midland Great Western Railway of Ireland (1909) AC 229 (Occupers liability to children) 30. Crofter Hand Waven Harris Tweed Co Ltd Vs Veitch (1942) AC 435 = (1942) 1 ALL ER 142 (Conspiracy) 31. Lubley Vs Gye (1853) 2 Ed 216 (introducing a breach of contract) 32. Rylands Vs Fletcher (1868) LR 3 HL 339 = Smiths leading cases Vol 278 (Strict liabiolity principle) 33. Read Vs Lyons & Ltd (1945) KB 216 = (1945) 1 ALL ER 106 (escape necessary for strict liability) 34. May Vs Burdett (18460 9 AB 101 (Liability for animals) 25 PART- B ( 2nd Semester, 1st Year of the 3-Year LLB course)CONSUMER PROTECTION LAW Consumer Protection Act – 1986- Definitions, consumer Protection Councils, their objects â₠¬â€œ consumer Disputes Redressal agencies – District forum, State Commission, National Commission- their jurisdiction, constitution, powers, procedure – appeals, reliefs to the parties, enforcement of the orders. Reading materials 1. Consumer Protection Act 1986 2. Law of Consumer Protection 3. Law of Consumer Protection 4. Law of Consumer Protection 5. Law of Consumer Protection Gurubax Singh D. N. Saraf R. K. Bangia Kaushal

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Scientific Merit Form, Sections 1 E - Essay Example If the SMR did not meet all of the criteria, then it should be deferred for minor or major revisions or disapproved. If final Scientific Merit Status (approved or disapproved) has been determined, please also indicate this in the final section on the form and insert your signature and date in the section at the end of the form. Over the past decade, the number of tertiary institutions that offer online courses has increased. This has created situations where faculty with skills for developing online learning (faculty-designers) are needed in greater numbers. Lack of proper instructional development skills could lead to less effective approaches for developing online courses, a practice that tends to have negative consequences on course effectiveness. Faculty-designers need basic skills and competencies in instructional development to develop effective online courses (Batts, Paglairi, Mallet & McFadden (2010). The specific topic for this research is about identifying basic skills and competencies for faculty-designers responsible for online course development. Write a brief statement that fully describes the problem being addressed and foreshadow the mixed methodology in your problem statement. Present this in one sentence or no more than one clear concise paragraph. Faculty designers are often responsible for creation, development, and management of online classes without formal preparation for performing these tasks (Carliner & Driscoll, 2009). This results in a practice where faculty-designers tend to create courses while lacking basic instructional development skills and competencies. This problem is compounded since the professional and scholarly community has not yet identified what those basic instructional design skills and competencies are for faculty-designers. Competencies and skills for faculty-designers developing online courses are embedded in instructional design theories related to content expertise,

Oil Spills And Their Affects On Our Beaches Research Paper

Oil Spills And Their Affects On Our Beaches - Research Paper Example Oil Pollution Act of 1990 (OPA ’90), which imposed unlimited liability on proprietors and operators of ships and shore facilities who discharge oil  into surrounding waters. This Act met with much criticism, especially from energy company lobbyists, for it contained strict rules and regulations that had the potential to alter international oil trade. For example, the cost of compliance with OPA ’90 was said to be â€Å"$1.3 billion over the next 24 years, but some say the figure will be closer to $7 million by 2015.† (Oshins, 1992, p.54) This is an important statistic in the context of this essay, for it indicates the real reason behind continued instances of oil spills – namely, cost of compliance. Although the OPA ’90 was supposed to deter sub-standard safety measures, it has not fulfilled that end. This is in part due to the perceived excesses in some of its clauses. There is validity to those claims which portray OPA ’90 in negative lig ht, attacking it for the severity of punitive measures it encompasses. For example, under the OPA ’90, â€Å"in addition to removal costs, the responsible party becomes liable for consequential damages: harm to natural resources, economic loss to real or personal property, losses suffered by one who earns subsistence from natural resources, losses in tax revenues, loss to profit or earning capacity, and increased expense of public services.† (Oshins, 1992, p.54) Hence, a major drawback of the legislation is its underlying assumption that exorbitant financial compensation after the event will somewhat prompt oil companies to tighten up their transportation procedures. But this assumption has proven weak. For example, although there are some efforts by major oil companies toward making their oceanic oil transport as risk-free as possible, the frequency of spills has not reduced. The recent British Petroleum disaster is another example of the systemic failure of oil indus try and government agencies. The recent BP disaster is as much a result of human failures as it is due to technical shortcomings and inadequate planning. Even as investigations were started and all pretense of earnestness were shown by politicians, the most important reason has been ignored – namely, that deep sea drilling is inherently risky and continued use of fossil fuels are already affecting marine ecosystems through climate change. Another factor that amplifies risk of oil-spill is the generation of hydrate gas. Under a depth of 1000 feet or more beneath the sea-level hydrate gases such as methane are found in a solid state, compressed into â€Å"molecular cages of ice†. (Allen, 2010, p.12) But if they happen to get destabilized due to a reduction in pressure or rise in temperature, the â€Å"gas-water compound can quickly expand 164 times in volume. If ignited, even ice-bound hydrates burn. This could potentially block the [blowout preventer] stack, kill lines and chokes, obstruct the movement of the drill string, and cause serious operational and safety concerns including blowouts† (Allen, 2010, p.12) In the last thirty years, 165 blowouts were witnessed in U.S. marine zones and 500 worldwide. The Minerals Management Service (MMS), which is the chief government agency looking into the problem, has not taken adequate steps to mitigate this risk. Even in the BP case, the MMS was suspected of colluding with the business corporation: â€Å"

Models of Decision Making Essay Example | Topics and Well Written Essays - 500 words

Models of Decision Making - Essay Example 2. My responses to the questions in the activities were primarily based on my knowledge of basic mathematical operations and principles. My judgment of each situation/activity is based on the assumption that the answer for each activity would require only a knowledge of math, specifically, statistics. However, from what the correct responses for each activity showed, it became evident that a deeper analysis is embedded in each response. Each response required a look into how, if an alternative, logical kind of reasoning is applied, a different answer emerges-an answer that is somewhat different from what was earlier generalized, based only on simple mathematical analyses. 3. From each activity arise different principles that demonstrated how, in decision- making, detailed and methodical reasoning is imperative. Take as an example the first activity shown, wherein at first analysis, most individuals would answer Option 1 rather than Option 2.

Pearson Education Case Study Example | Topics and Well Written Essays - 2750 words

Pearson Education - Case Study Example When the SWOT related perspectives of the company are posited against the STEEPLE - social, technological, economic, environmental, political, legal and ethical - framework of analysis at a macro-environmental level the picture that emerges of the company is essentially a multifaceted business proposition of the current decade (Kallis, Alier & Norgaard, 2009). Pearson Education's SWOT - strengths, weaknesses, opportunities and threats - environment is characterized by a highly competitive external environment of fewer opportunities and more threats as against a highly volatile internal environment of more strengths and equally more weaknesses, the latter arising from competition related phenomena (Clark & Phillips, 2008). Its cultural diversity, organizational culture, supply chain management, employee motivation strategies, modern Human Resource Management (HRM) practices, management structure and style, have contributed in large measure towards this success though as many critics have pointed out the company needs a well defined directional thrust in the current economic and financial turbulence. Articulate business strategy of the company has been responsible for its present achievements in organizational cum corporate objectives though the very direction of the strategy needs a still greater focus on the long term goals rather than the immediate goals (Finlay, 2000). AnalysisPearson Education, proper, as distinct from the Pearson Group is involved in education related activities. These activities can be divided into three broader segments - publishing academic books, publishing non-academic books and education technology related work. Its current operations involving an expansive global network are focused on the North American and European markets (Piercy, 2002). The very strategic perspectives on which the company has evolved have been responsible for its current business strategy. There is a very strong premise on which the company top management has sought to define its growth trajectory. The learning outcomes of this paper would delineate the related aspects of this strategic approach of the company with added emphasis on corporate goals (Mullins, 2005). Changing business strategy of Pearson Education in particular and Pearson Group in general has been responsible for the present revolutionary shift in focus at the company. The underlying principle of this change in business strategy is the successive creation of M&A related synergies through a series of high profile acquisitions and mergers in the recent past (Clarke & Hermens, 2001). This aspect of Pearson Education's organizational behavior requires greater attention because the company has been able to posit itself against competitors with remarkable success due to the positive outcomes related to M&A. The causative elements of this strategic orientation of the company need to be looked at from two different angles. In the first place, Pearson Education is aware of the growing threat of the fast changing technological environment that favors those rivals with technology-based resources. Secondly its own resource base has been expanding at a much faster rate both in diversity and complexity (Davenport, 1994). The latter element includes even

Frida Kahlo Research Paper Example | Topics and Well Written Essays - 1250 words

Frida Kahlo - Research Paper Example Her mother on the other hand, was a devout Roman Catholic of mixed Amerindian and Spanish ancestry (Herrera, 12-18). Guillermo married Matilde soon after the death of his first wife during birth of their second child. They had four daughters, though their marriage was a particularly rocky one. Frida was the third. They were raised together with their two other half-sisters from their father’s previous marriage. Kahlo later claimed that she was born in 1910, three years after her actual birthday, so that people would associate her with the Mexican Revolution that started that year. She recalls in her works the events of the Revolution and the echoes of gunfire that filled the streets of Mexico. In her 6th year, Kahlo was diagnosed with Polio which left her right leg thinner than the left. Later, it was deduced that she had been born with spina bifida which could have impaired her spinal and leg development. It is a result of this misfortune in her legs that she often wore long skirts to conceal the anomaly. However, this did not deter her from undertaking in physical activities as she often participated in boxing and other sports (Herrera, 20-45). Kahlo joined Preparatoria in 1922 which at the time was one of Mexico’s finest schools. At this point, she joined a group of politically and intellectually like-minded students. She became romantically involved with one of them, Alejandro Gomez Arias. On September 17 1925, as Kahlo and Arias were riding in a bus, they collided with a car. The accident left her in great pain and she spent three months recovering in a full body cast. She had a broken collarbone, a broken spinal column, broken pelvis, broken ribs, and eleven fractures in her right leg, a dislocated shoulder and a crushed and dislocated right foot. An iron and a hand nail pierced her abdomen and uterus during the accident, thereby leaving her incapable of having children. Later on in

Orenthal James Simpson Essay Example for Free

Orenthal James Simpson Essay The well publicized trial of O. J. Simpson for the double homicide of his ex-wife and her friend focused national attention on the decision-making process of jurors. Because the defendant in the case, which was based primarily on circumstantial evidence, was a black celebrity and the victims were white, much media commentary focused on the influence of racial factors. The defense strategy for O. J. Simpson increased concern about race; central to the defense was a theory that Simpson was framed in a conspiracy by the Los Angeles Police Department due to racial prejudice against the defendant. As the nation watched the proceedings of the trial, questions arose as to whether the jury would be influenced by racial factors when reaching a verdict. The political means for reaching that end differ. On the side are those who align themselves with conservatives and believe that the multiracial needs to focus on removing the concept of race either through the introduction of multiracial category or by advocating for color-blind agendas; on the other side are those who align themselves with liberals and believe that multiracial people should be protected group. It is perfect, as the prosecutors in this case tell us, but coupled with the testimony of a witness; both types of evidence are bolstered. In this case as well the best scientific evidence, including DNA identification, can be nullified by the specter of tainted samples or sloppy handling procedures. This is almost certainly in large part a result of the prevalence in our society of institutionalized racism, in which discrimination on the grounds of racial differences is so deeply enshrined into the systems within which we live that even those who are fair-minded and just somehow become separated from their own personal beliefs and instead get drawn into processes. The struggle over whose account of events would be believed by the jury formed the basis of the trial. Since O. J. ’s trial arose as an accusation of murder, his defense could either a denial of guilt altogether or an excuse or a justification. Low profile criminal cases experience an echo or ripple effect set off by those criminal trials that are represented extensively in the media. While it has been generally recognized that in high profile trials, publicity both before and during the trial, has direct and indirect effects on the actions of attorneys, witnesses, judges, jurors, and the viewing audiences, it is also true that high-profile criminal trials may have an even greater impact on the formal and informal operations of the everyday practices of law enforcement and adjudication, affecting the outcomes of tens of thousands of low-profile criminal cases. But the defense chose the first option. While presenting few details of O. J. ’s actions on the evening in question, the defense focused on every procedural miscue by LAPD investigators to create their counter-story that a racist police department framed the defendant. The prosecution sought to prove O. J. guilt beyond a reasonable doubt,† but spent an extraordinary amount of time countering the combined racist cops/inept lab technicians defense. Since O. J. never testified the DA did not have to directly counter any excused or justifications O.  J. might have offered for any of the acts said to be related to the crime. While prior research supports the influence of juror-defendant racial similarity on verdicts, there appear to be no empirical studies examining this variable with minority defendants of high socioeconomics status. Traditionally most of the publicity associated with trials is not viewed as pretrial publicity. Pretrial publicity commonly refers to the publicity that surrounds high profile criminal defendants and their ability to get a fair trial. It is also true, notwithstanding, that low-profile or non-publicized criminal defendants, who are involved more typically in plea-bargaining and less typically in jury trials, are indirectly affected by high-profile or media-covered criminal trials. Claims of racial discrimination have echoed in our courtrooms for decades; however, black defendants have not typically received the publicity that O. J. Simpson did. But O. J. Simpson was not a typical black defendant; not only was he a popular celebrity, he was also very wealthy. The question then became whether Simpson would be treated the same way other black defendants are treated. In June of 1994, Nicole Brown ex-wife of and Ronald Goldman a waiter who has her friend. â€Å"A veteran Los Angeles homicide policeman, one of the first officers to arrive at Nicole Brown Simpson’s townhouse at 875 South Bundy Avenue they called it the bloodiest crime scene they ever seen. † (Walton, 2006)The bodies of the two victims were found shortly before midnight lying in pools of blood on the Spanish-style walkway leading to the $700,000 townhouse. The thirty-five-year-old ex-wife’s throat was slashed through to the spinal cord, leaving a five-and-a-half-inch gash from the left side of her neck to the right ear. The issues on determination of sentence would be mostly likely to conduct; disagreements adjacent to the undetermined sentence have been many and wide-ranging. Besides the criticism of ineffectiveness, they have deal with two parts of apparent vital flaws. Sentencing judgment has been extensively burdened as subjective, impulsive and leading to unprovoked discrepancy. The apprehensively felt by the offender has been thought to be unreasonable; on the other hand the effective disagreement that such vagueness is counterproductive to rehabilitative intends also has been made. These allegations, joint with to countless, and current legislation in an amount of states as well as the national authority has stimulated in direction of larger determinacy. Current studies advocate that, under legislatively set determinate sentencing, revisions are almost unremitting, typically in an increasing trend, with little consideration to the impact of revisions or corrections or even the crime rate. This is very good corroborative evidence, the scientific analysis of fingerprints, DNA, ballistic or documents can have a real impact on a jury. This type of evidence is objective and persuasive as opposed to the subjective and often unpersuasive testimony of the informant. Officer looks for opportunities to bring this type of dispassionate and objective evidence into the courtroom in support of building the witness foundation of procedural and methodological soundness. The defense technique was applied to perfection in the O. J. Simpson case. Defense counsel Johnny Cochran masterfully attacked the investigators and their process. Regardless of what you think of Cochran or his client, the defense team brilliantly destroyed the prosecution case. So powerful was their offensive that 12 jurors were eventually convinced not only did the glove not fit but that the entire investigative process was criminally defective, and they shamelessly acquitted the defendant. It is best to eliminate such concerns preemptively and forestall any attempts by the opposition to discredit the evidence. A rigorous, complete chain of custody paper trail and careful, no-nonsense procedures in sampling, transporting, storing and analyzing the evidence will be a valuable insurance policy in favor of success at trial. But these issues did emerge in the opening and closing arguments and when interruption of evidence was discussed on the witness stand by experts or eyewitnesses. Ultimately each alleged aspect of the killing, including the events said to lead up to it, were subject to account offering and account refuting. As can be observed elsewhere in our legal system, concerned defendants and wrongdoers attack the investigators and the investigative process when the facts are not in their favor. If the accused is able to attack hard enough and long enough, somebody may eventually believe them. The responses on the subject to the same kind of analysis as offerings of excuses or justifications for O. J. for the cops, for the coroner’s office, for the defense attorneys for the prosecution, for the judge, for the jury. â€Å"Individuals defended or attacked O.  J. ’s credibility, debated whether LAPD detectives were smart enough to carry out a conspiracy to frame O. J. , whether the judge was biased, whether the defense played the race card whether Nicole was partially responsible for her demise. â€Å" (Gallup Newport, 2006) Notions of equality racism and anti-racism tend to appear in constructionist work, not as objects for scrutiny or as explicitly strategic essences, but as taken-for-granted foundations, providing common-sense moral and political coherence and direction. The spectacle of O. J. Simpson legal procedure showed how a literature practice ended up convoluting justice. In fact literate law is not meant to serve justice. Its purpose is to use the law to acquit a client. A micro-level phenomenon such as prejudice is a historical concept but it can be incorporated into a historic framework. In such a framework, prejudice and racist ideology can be explained in terms of the structure of inequality in the base of society, which gives rise to both of them. Wrapping up the trial proceedings provides another opportunity to review the case, the defense team argued for jury nullification and send message about racism. Which lead to dialogue about how cultural experiences shape the way people view life. Though in Simpson case, the outcome gives a lot of views and human behavior vary so much across situation with any gratis that is provided by the government, that is why proper assessment in such referral must undertake to provide the students and their parents the explanation of the evaluation for them to understand the process of acquiring the service. Law enforcement investigative methods are perhaps more closely scrutinized now than in decades past. The significant of case investigators, as they build the work performed during a different period and perhaps a different level of expectation and subsequently develop it to meet its standards. Evidence identification and collection practices have a directly effect in their ability to conduct and resolve any case investigations. The impact of the crime can be ruthless and atrocious. The victims of rape endure weeks of physical pain and years of psychological agony. Businesses suffer massive dollar losses and some go bankrupt due to employee theft and Shoplifting Victims of break-ins spend sleepless nights wondering if the same burglar might return again. Citizens everywhere hear stories about crimes that happen to their friends, relatives, and neighbors; television and newspapers daily thrust the pain of crime’s victims into our lives. The impacts of crime are real, but surprisingly some costs are difficult to measure and where measurable, often are not well documented. The result is a public picture of crime’s costs that is as much myth and exaggeration as fact and truth. Yet it is from the society’s point of view, no matter how accurate or inaccurate, that much of public policy and governmental effort to combat crime is based. This social impact is more or less vulnerable since their position in the society. People who have least power socially suffer most from crime. Most relevant here are the social relationship of age, class, gender and race. When analyzed in focusing on the combination of these fundamental social relationships, allows us to note the extraordinary differences between social groups as to both the impact of crime and the focus of policing. Crime scenario has no room for differing sensibilities to the impoliteness which they describe or the differing power of different communities to deal with such things and resists the downward slide. Arguments are to take into account the social impact of crime; it is on the poorest and least resourced neighborhoods that they should focus their attention. Economic impact of crime in the society is also annoying, the cost of crime are simply part of the overhead of running a modern society. A certain amount of costs is unavoidable; since the society spends just enough so that, in a social optimum, the marginal money spent for crime control equals the marginal revenue from reduced crime. Calculating the burden of crime could be an ideal state in which there is no occurrence of criminal behavior defined by existing law. Economic costs of crime arise when crime causes society to divert time, energy and resources from more productive resources. Cost of crime does not only include property losses, medical costs and pay losses due to injury. They also include costs of public and private efforts made to prevent and reduce future crime rates as well as costs of the criminal justice system. The consistent ideal characteristic of criminal law may it be politically, specificity, uniformity and penal sanction. They may be viewed as translations of these characteristics into statements of the ideal characteristics of major crimes. And in thorough study in crimes here are the characteristics of major crimes. 1. The behavior must have certain external consequences. Since a crime must have a harmful impact on the social interests; a mental or emotional state is not enough. The intention is not taken for the deed. 2. The harm must be outlawed. Any engaging immoral behavior is not crime unless the behavior has been specifically outlawed in advanced, criminal law does not have retroactive effect. . There must be conduct, must have an intentional or reckless act or omission which produces the harmful consequences. 4. Has a criminal intent, the motive for a crime may good but the intention might be to affect an outlawed harm, a criminal intent. 5. Fusion intent and the conduct do not fuse or concur. 6. Has a casual relation between the voluntary misconduct and the outlawed harm. Like what mentioned above crime has a major impact on the society especially in present highlighted form. The large-scale of crime of our days evokes fear and terror in the society; it has a terrible effect on the climate of opinion, results in the diminishing of the authority of the state, and the increase of taking justice into our own hands. The establishment of the perpetrators responsibility is slowly dwindling. It becomes more and more obvious that besides state criminal investigation, the crime prevention activity of the local and other communities is an essential factor. Prevention of crimes through environmental design, social control, encloses/ access control; criminal justice; and defensible space. These are all based on the premise that multiple housing has inevitable side effects which are sometimes undesirable and that it is possible to develop guidelines to avoid these since crimes amongst strangers are in part a simple by product of the numbers of unacquainted people who come in close physical contact. The impacts of crime are real, but surprisingly some costs are difficult to measure and where measurable. It can be harsh and brutal, public picture of crime’s costs that is as much myth and exaggeration as fact and truth. It is from the citizen’s point of view, no matter how accurate or inaccurate, that much of public policy and governmental effort to combat crime is based. Possible ascertain whether a crime has been prevented as a result of a crime prevention program. The majority of evaluations of crime efforts focus on interventions to address pre-existing crime problems and the impact of an intervention over a time period. †¢ Murder is an act of killing innocent person intentionally. †¢ Assault is an act of forceful throbbing directly or indirectly to other human beings. Kidnapping forceful abduction with an intention to ask for ransom. Basic Theory that makes it clear that the specific theoretical law which develop in the course of its unfolding and the subsequent applications of these laws to describing and explaining concrete empirical situations can be regarded as the generation by the basic theory of special theories. The behavioral model incorporates elements of organization learning, conflict resolution, shot run reaction to change in the society. Despite what appears to be only a recent concern for repaying the crime for the loss, the practice is historically quite ancient. Regulating the criminal process, reparation occurred taken by the victim against the offender. The state took control of crime justice; such revenge became in itself a criminal act. Increasing the dominance over human activities, it is also enhanced its control over criminal justice. Contribution of famous law makers makes sure that the basis of the legal system of various nations from the Roman regime to the present. The issues on determination of sentence would be mostly likely to conduct; disagreements adjacent to the undetermined sentence have been many and wide-ranging. Besides the criticism of ineffectiveness, they have deal with two parts of apparent vital flaws. Sentencing judgment has been extensively burdened as subjective, impulsive and leading to unprovoked discrepancy. Sentencing judgment has been extensively burdened as subjective, impulsive and leading to unprovoked discrepancy. The apprehensively felt by the offender has been thought to be unreasonable; on the other hand the effective disagreement that such vagueness is counterproductive to rehabilitative intends also has been made. The apprehensively felt by the offender has been thought to be unreasonable; on the other hand the effective disagreement that such vagueness is counterproductive to rehabilitative intends also has been made. These allegations, joint with to countless, and current legislation in an amount of states as well as the national authority has stimulated in direction of larger determinacy. Current studies advocate that, under legislatively set determinate sentencing, revisions are almost unremitting, typically in an increasing trend, with little consideration to the impact of revisions or corrections or even the crime rate.

Case Analysis Essay Example for Free

Case Analysis Essay Strategic Human Resource Management Unit 1 What is Strategic Management, and why is it critical to the success of an organization in meeting its goals and mission? Strategic management is setting priorities and goals within a business. It’s used with upper management to strengthen a company and prepare for future outcomes. Making a product that is highly profitable and easy for customers to use and benefit from is the main focus of Apple, Inc. The organization of Apple, Inc. started in the 1970’s and has been very profitable since. In 1978 they sold the Apple II and made billions of dollars from the product in less than three years. Between 1983 and 1984 Apple, Inc. lost sales and have fell into a crisis because of the slow processor speed and the compatible software. During this time it was hard for the organization due to competition. The problem Apple Inc. was facing at this time is other companies have found easier and faster ways for people to use the different products other than Apple, Inc. , during the 1985-1993 Apple, Inc. turned global, thus making sales up to 1 billion and was the most profitable PC Company in the world. Being able to turn any company global in an organization is very profitable, most people like new products. The beginning of 1993-1997 Apple Inc. starting playing a role in K-12 grade helping out the school systems with education with the product and this helped them out tremendously. By 2008 Apple Inc. started charging premium prices on their product knowing that with their name would be sold all over the nation. They also came out with the iPod roughly selling over 150 of them. This was giving the customer portable music and other exiting things and they still sell to this day. Today Apple, Inc. is one of the top rated organizations for iPhones, iPods, iPads, computer systems and much more. The only problem with Apple, Inc. now in this day in age is the competition. There are a lot more companies that are coming out with the same product just a different name. For example, the Kindle Fire is the same thing as the iPad, just a different name brand. A lot of people are purchasing the competitors product instead of the Apple name brand product. The reason behind this is that people would rather pay $200. 00 dollars for a Kindle Fire verses $500. 0 for the Apple iPad. Apple, Inc. needs to lower prices for their products so more and more people with purchase them. In years to come this is a critical problem that Apple, Inc. faces, to be successful in any organization you have to think like the customers. Majority of the customers are going to try and same money and buy the generic brand verses the name brand product. What Apple needs to do is, if they start seei ng a drop in profit they would need to start lowering prices down to match their main competitors so that more people will purchase their product. One of the main problems in 2013 is Apple iPad verses Amazon Kindle Fire. â€Å"The Amazon Kindle Fire has been called a potential iPad-killer by the media† states (Nations, D). The Amazon Kindle Fire is $199 and can do everything the Apple iPad and do. They are very similar and it’s making the customer purchase the Kindle Fire instead. When looking at both products â€Å"Instead of looking at the Kindle Fire verses the iPad in a direct match up of features, which would be about like comparing a Ford Escort to a Mercedes, (Nations, D). This is a great example of not only just the Amazon Kindle Fire verses Apple iPad, its everyday life. From the groceries that customers buy at the store to clothing lines at a local mall. Everything has a generic name and lower price and most of the top name brands are sold and get good profit but a lot of people are trying to save money for more important things like their children’s college or a vacation for the family, or just trying to get by with bills. So this would be a good example of why the Kindle Fire is being called the iPad-killer, because more likely people will purchase the Kindle for the lower price. Some of the advantages of the Kindle Fire is the low cost and being able to use the amazon app store to purchase games, books, movies and much more. Some advantages of the iPad is it’s faster, has more storage and dual face cameras on the iPad 2. Both of the products use full-color back-lit displays so both of them will have problems in direct sunlight. Both of them are good but the main concern is the price. To stay successful you have to look at your main competitors products and come out with bigger and better things to catch the customer’s eye. With doing this the product needs to be reasonably priced and affordable to the public. Otherwise the customers will go for the cheaper one to save costs. A good example of this is looking deeper into strategic management and why it is important. Strategic management is all about change, and facing challenging situations in the work place. Being able to except the change and work through it, and make important decisions and implement appropriate strategies. Some other examples of strategic management are resource limitations, changing environment, matching competitors, and improved decision making. Resource limitations is being able to deal with limited resources of money. A lot of business go through this and Apple Inc. went through it back in 1983-1984 Apple, Inc. was in a crisis and had to make important changes to make more profit. Matching competitors is very important, a business could go down in profit if other companies come out with a similar product. Improved decision making is very important due to change in a product or being able to come out with a new product. Strategic management is setting priorities and goals within a business. It’s used with upper management to strengthen a company and prepare for future outcomes. References Nations, Daniel, ed. The Amazon Kindle Fire vs the Apple iPad. N. p. , n. d. Web. 5 May 2013. lt;http://ipad. about. com/od/Tablet_Computers_eReaders/a/The-Amazon-Kindle-Fire-Vs-The-Apple-Ipad. htm Sind, M. , amp; Yoffie, D. B. (February, 2008) Apple, Inc. (Case Study) Retrieved from Harvard Business Online website

Analysis Of Giddens On Agency And Structure Sociology Essay

Analysis Of Giddens On Agency And Structure Sociology Essay Anthony Giddens, a famous writer on society, had developed his thoughts in his books year after year. His book titled, Constitution of Society, written in the year 1986, has leaded him far ahead to achieve his goals. Each of the chapter, in this book; has covered the agency and structure theory and proposes good statements (Giddens, 1986). The author has clearly described what he means with the agency term. He has also given due focus on time and the social actions for space. The discussion on the ways of handling different norms by the people, and the social constraints that exists in the society, are done as well. In addition, he uses empirical research in his book to elaborate further the aspects associated with structure and agency within the society. The text thus discusses the routine practice, which becomes a social act as a principle of duality for the agency- structure relationship. It aims to understand what the strength areas covered in the text is. Additionally, weaker sections are also given consideration. Thus, the report here discusses about various aspects of relationship that exists between agency and structure. The notion of duality by the author is considered too, with due focus on the book Constitution of Society, by Giddens. The notion of studies done to relate the two terms is also covered within the scope of this report. Furthermore, the researchers involved to explore the term are also discussed hereon. This helps in understanding the extent to which both the terms are integrated in this society. These all have helped to reach to certain outcomes of the report at the end. Discussion Agency and structure have been termed as indispensible parts in the social context. These terms are required to relate at one or the other instance. Agency is termed as the capability of individuals to generate wide variety of powers in causal term, while the structure is the set of rules and regulations existing within the society (Frohlich et al., 2001). The relationship between these two instances is yet to explore. Some of the researchers stand in the point, that the two terms inter- relate in themselves, while others consider these as different terms. There does not exist, any discussion of relationship between structure and agency in real terms (Macintyre, 1997; Frohlich et al., 2002) according to some of the researchers. While others state that, these structure and agency are considered as co- dependent and recursive in nature (Nussbaum and Sen, 1993; Sen, 1992). This clearly demonstrates how conflicting the terms are in social context. There is no generalized thought in this arena, instead complete satisfaction and dissatisfaction is noted for the question at hand. This needs to be further explored to understand the concepts associated with the terms. There are different contexts, which integrates the agency and structure. Structural forces are the main determinants for the relationship between agency and structure (Williams, 2003). Thus, the structural forces shall be considered in discussion to understand the concept associated with the terms. This might also help in exploring the text by Giddens in a better manner. Although, in his writings, the discussion of structural forces is missed, he has attempted to use time and geography as basic parameters in his studies. There are number of authors who studied about the relationship of agency and structure (Musolf, 2003; Callinicos, 2004), however the work done by Giddens is important to note in his books such as Constitution of the Society (1986). Most of the writers believed that agency and structure are different terms; however, Giddens consider them as similar. Giddens consider these two as different ways to look one thing. Researchers contribute to routine activities, i.e. those that take place in a similar manner for continuation. Routine activities are considered as social for the organization, as these activities occur in regular fashion. This regular fashion further becomes the set of rules for the society. These rules act as the social orders for an organization. Giddens also consider that time and space results into organizing us in a better manner. Time and place are being considered as important aspects not only for the agency but also for the structure of society. The author considers the time as an aspect, which affects the routine practices. Proper time management is helpful in attaining good routine activities. Thus, author lays focus on right use of time to obtain maximum outcomes. In case one wishes to generate results, there is the need to perform with dual nature. The collaborated approach of using structure and agency is required at such instances. This would entail proper use of time management technique to minimize the wastage of social time. The author thus lays importance on the time. Time is the aspect that demonstrates routine activities. Time is an indispensible part for ones life. He considers people to utilize properly the daily schedule, to make optimal use of time. In case one does not use time in a proper manner, it mi ght result in losses of ones routine plan. Giddens also discussed about the consequences attached with improper use of time management. In case, one does not use the time in a proper manner, it affects the routine activities of an individual. However, if one wishes to work on his knowledge, he can act well in this arena. This affects the agency structure by the mismatch that generates due to lack of control on structure concerned of an entity. For the society to develop with its full potential, it shall discuss the relation between structure and agency (Hay and Wincott, 1998). This shall not be ignored. Giddens had worked to elaborate the point further. However, his writings were not able to describe clearly the point due to lack of clarity in his thought process. His attempt to contribute to agency structure relationship was though worth noting, but for a new reader, it becomes a point of confusion. Giddens, in his book named as Constitution of Society, had not given any clear definition of the terms considered in his writings. The content seems tough to be understood by a reader who has not gone through the previous writings of the author. Thus, it necessitates the basic concept to be clarified, before going through the book. The relation between agency and structure is always at perennial (6). It is not a one-time process. The author thus attempted to describe the relationship considering the time-geography too. This was in line with the time management of the author. This demonstrates the importance of time, and its relation to the geographic unit. The ways geographical parameters change with time are also discussed. Additionally, the variation of structure and agency with different time and geographic locations is considered in the study as well. This relationship between agency and structure is also well studied by researchers such as Rothstein and Hall (1993), Thelen, and Steinmo (1992). This is the reason, many researchers attempted to explore the relationship. However, the complexity associated with them in social context has acted as a hurdle to describe the two characteristics. Giddens further followed the tradition in his writings. He was unable to thoroughly explore the relationship between the two terms. The agency and structure were not thoroughly discussed in his writings. The discussion on duality of these terms was there though; the basic concepts associated with them were not described. Thus, on looking other side of the coin, we can see that the book of Giddens lacks in clearly describing the duality and social practice concept. It does not describe the ways in which practices are constituted, the way in which it relates social system etc. The book also misses practice concept, which is important to attain sust ainable analysis. Thus, the book is tough to understand for someone, who has not read previous books of the author. It directly summarizes the duality structure for understanding the agency- structure relationship. This way, he created a sort of confusion situation in the minds of readers who have not read his previous writings. For an individual to understand the text by Giddens it becomes mandatory to understand the basic concepts associated with the topic; else, it would become tough for them to understand the discussion done in his writings. The authors lacks in discussing the reason, why people want certain things. It just discusses the wants of people. The subject here is constituted in a social manner. There is also the discussion laid that wants arise from the needs, which are related to ontological security. The theory discusses the way individuals can achieve proper results using the agents. Thus, the concept of agency- structure relationship has always been a tough task. It is with not only Giddens, but also the researchers such as Dahlgren and Whitehead (1991) had failed to establish a relationship between these two characteristics of society in the daily life of the world. There is thus the need to understand the basic concepts in hand. The social context, with reference to time is to be understood at initial stages. This would help in creating a framework for the point at hand, and the integration of these two characteristics of society will be done in a better manner. The research in todays life is exploring further the structure and relationship and the behavioural pattern (Williams, 1995). These further explorations are expected to help the society in analyzing these duality and routine practices in the right manner. There would be lack of clarity, and the outcomes will be with a stronger research background. Thus, the main point of confusion exists to know the re lationship between structure and agency (Gerhardt, 1979), which if explored by the researchers, can lead to attain certain outcomes, which would help us in further understanding the concept at hand. This would entail the need to use proper time management techniques. The weak background of Giddens shall not be over- focused, but shall be given an opportunity of further exploration using the basic concepts at hand, to reach to the outcomes. This would help us to attain the results at a greater pace, and with clear outcomes, which does not have conflicting situations, as at present. Conclusion On considering the notion of duality and the social practice of relationship between agency and structure, we have come up with some important findings. We can interpret that the writings of Giddens are quite conflicting at certain instances. These act as the constraining and enabling at the same time. At certain instances, Giddens talk about the practical aspect of life. He considers time as real and factual to work out on the life. However, at other instances assumptions are encouraged by the author. This raises the problem of lack of clarity in his thought process. Additionally, the complexity involved with the writings of Giddens, enforce one to go through the basic concepts, prior to reading the text under review. Thus, there was a mixed approach obtained. At some instances, it was noted that the structure and agency are well integrated with each other, while at others there was noted the lack of control and dependency of one characteristic on the other. This mixed approach has resulted in further elaboration of the associated concepts, which would help in understanding the point. Else, it would be tough to understand this text in hand, with lack of control over the text and lack of clarity by the author. The basic concepts can however be of great help in understanding the concept at hand, and the associated relationship. Thus, overall the text was a good collection of data, but lacks clarity and mandates the reader to go through basic concepts, prior to going through the text at hand. This way, one would be able to understand the associated characteristics in a better manner.

Rhetorical Analysis of Earl Spencers Speech for the Funeral of Lady Di

In this assignment, I will closely analyse the speech made by Earl Spencer for the funeral of Lady Diana, considering the complicated context and literary devises he uses to affect his audience. The speech was written as a funeral speech for Diana's close family and friends, but also, more importantly, for the public, as it was broadcasted worldwide. In the speech, although it's primary purpose is to pay respects to his sister; he uses the opportunity to promote Diana's charity work, and to raise controversy within the royal family. He never directly says it, but when analysing the text his feelings towards the royal family are apparent; from the fact that he mentions, " she needed no royal title to continueà ¢Ã¢â€š ¬Ã‚ ¦" this comment is particularly clever because of its indirect subtlety, but the meaning behind it would still be clear to the audience, because of the media coverage of recent events. Throughout the speech, Earl Spencer uses very emotive language, which reinforces the feeling that the public have "lost s...

Duty-Based Person Essay -- essays research papers fc

Duty-based document Abstract A duty based is a person that has structure and guidance. A duty-based person is a person that has respect for leadership and the knowledge to be a leader. The writer will discuss her point of views of a duty-based person. She will also give her insight on people lying to and for one another. According to the Oxford English Dictionary, duty is† the action and conduct due to a superior, homage, submission; due respect, reverence; an _expression of submission, deference, or respect. The writer feels that a duty based would not lye to another person or lye for another person the writer feels that if someone thought you were lying to him or her, you cannot be trusted. When you start out lying about something you have to keep on lying to cover up the first lye you started out with. Most people that lye are scared of getting in to trouble. Other peoples that lye just like telling stories. Some people can look you right in the face and they will be lying to you. You can make things worse if you lie for someone, for them and for yourself. They can wound up getting in to trouble for lying. The person for whom they are lying can say they have no clue what that person is talking about. They can say they never asked anyone to lye for them. If you lye for someone else, you are j ust as guilty as the person you are lying for. If someone asks you to lye for them, you should ask yourself why are they not telling the truth. The writer feels that you shou...

The Literature of Romanticism versus the Victorian Essays -- Romantici

In the Victorian era poets are inspired to debate among each other in the heat of enlightenment. The literature of Romanticism versus the Victorian era initially becomes a problematic subject to accept. As a Victorian poet, Gerard Manley Hopkins attacks the conception of religion by questioning the existence of God. Hopkins’ sonnets reflect this issue of an oppress religion and educates people towards the conspiracy of a change era through his magnificent poems. Hopkins stands true to the new and improve era of Victorian by conciliating the absences of divinity. Although others may have disagree that G.M. Hopkins is not directly promoting a riot against religion but rather inspiring the hopeful experience in the rejuvenation of faith, Hopkins does circulate his ideas among the struggle, suffering, and agony of religion depicted in his â€Å"terrible sonnets†. Hopkins is the new omen to the age of reasoning of faith, science, skepticism, and love; he stresses the degree of faith and illustrates the truth of reality about religion, projecting his principle of skepticism. The Victorian era conceived through Romanticism has become a relentless era concerning to the uproar of human development. Poets begin to broaden their understanding about faith to realism given the arrival of the Victorian. The spiritless characteristic of nature suddenly becomes the burden and agony of human sufferings as revealed in Hopkins’ poems, demonstrating of great anxiety and desperation to depart from the old faith, Romanticism. Hopkins’ sonnets are generally pessimistic about the culture of religion. In Hopkins’ sonnet No Worst, There Is None, Hopkins discusses of the deep grief that is semi-related to hell and death. â€Å"No worst, there is none. Pitched pas... ...ave suggest that Hopkins uses his poems and sonnets to awakening the corruption and realization of technology and science, Victorian poets are making a point to reestablish the faith of humanity and that is the independency of mind and nature. A debate is also questioned whether Hopkins’ poems are conveying a satirical piece of work in the changes in the era. Hopkins’ poems can be ambiguous but it is apparent that his works shine the light to those in despair about Religion versus epistemic. The nature of humanity is never satisfy or complacent; the traces in bettering life continues to evolve with everyday changes to everything else. However these changes in time is the beauty of literature, the artwork is never discolored because of this forever evolving world; changes are put together like pieces of puzzles and in responding to paint the world of literature. The Literature of Romanticism versus the Victorian Essays -- Romantici In the Victorian era poets are inspired to debate among each other in the heat of enlightenment. The literature of Romanticism versus the Victorian era initially becomes a problematic subject to accept. As a Victorian poet, Gerard Manley Hopkins attacks the conception of religion by questioning the existence of God. Hopkins’ sonnets reflect this issue of an oppress religion and educates people towards the conspiracy of a change era through his magnificent poems. Hopkins stands true to the new and improve era of Victorian by conciliating the absences of divinity. Although others may have disagree that G.M. Hopkins is not directly promoting a riot against religion but rather inspiring the hopeful experience in the rejuvenation of faith, Hopkins does circulate his ideas among the struggle, suffering, and agony of religion depicted in his â€Å"terrible sonnets†. Hopkins is the new omen to the age of reasoning of faith, science, skepticism, and love; he stresses the degree of faith and illustrates the truth of reality about religion, projecting his principle of skepticism. The Victorian era conceived through Romanticism has become a relentless era concerning to the uproar of human development. Poets begin to broaden their understanding about faith to realism given the arrival of the Victorian. The spiritless characteristic of nature suddenly becomes the burden and agony of human sufferings as revealed in Hopkins’ poems, demonstrating of great anxiety and desperation to depart from the old faith, Romanticism. Hopkins’ sonnets are generally pessimistic about the culture of religion. In Hopkins’ sonnet No Worst, There Is None, Hopkins discusses of the deep grief that is semi-related to hell and death. â€Å"No worst, there is none. Pitched pas... ...ave suggest that Hopkins uses his poems and sonnets to awakening the corruption and realization of technology and science, Victorian poets are making a point to reestablish the faith of humanity and that is the independency of mind and nature. A debate is also questioned whether Hopkins’ poems are conveying a satirical piece of work in the changes in the era. Hopkins’ poems can be ambiguous but it is apparent that his works shine the light to those in despair about Religion versus epistemic. The nature of humanity is never satisfy or complacent; the traces in bettering life continues to evolve with everyday changes to everything else. However these changes in time is the beauty of literature, the artwork is never discolored because of this forever evolving world; changes are put together like pieces of puzzles and in responding to paint the world of literature.

Psychological Testing Essay

This paper is all about the uses and varieties of personality and projective tests. It aims to determine which tool is more reliable and valid to use in measuring and predicting the behavior of an individual. Furthermore, this paper discusses the uniformity of two different texts used containing the same stance that personality tests exceed the projective terms in terms of convenience to use, reliability, and validity. Personality and Projective Tests Introduction Personality and projective tests are psychological tests used to measure and evaluate the behavior of individuals in the school, community, and even workplace setting. The tests function to determine the difference of personalities among different individuals (examinees) taking the same test. Upon taking the test, interpretation of examinees’ scores would depend on their respective test results. However, in this paper, researchers of different psychological tests suggest that personality tests are more reliable and valid compared to projective tests. Personality and Projective Tests Albert Hood & Richard Johnson (2008), a member of the American Counseling Association, collaborated to come up with Assessment in Counseling (2008), a book which discusses the different types of personality and projective tests. In the text, samples of personality tests include the following: the Minnesota Multiphasic Personality Inventory/MMPI2, Jackson’s Personality Research Form (PRF), Myers-Briggs Type Indicator (MBTI), California Psychological Inventory (CPI), and the NEO Personality Inventory-Revised (NEO PI-R). Further, CPI scale where 16 PF is adapted is recommended to be used for marriage and career counseling, job performance appraisals, and evaluation of management skills in the workplace. On the other hand, the different projective tests include the following: the Rorschach Ink Blot Test, Thematic Apperception Test (TAT), House-Tree-Person (HTP), Roter Incomplete Sentences Blank, and Early Recollection. However, the Rorschach Inkblot Test was found to be the most commonly used projective technique to make inference of an individual’s behavior. In addition, Anne Anastasi (Dept. of Psychology in Fodrham University) and Susana Urbina (Dept. of Psychology in University of Florida) (2002), in their book Psychological Testing, suggest that personality tests are far better to use than projective tests since the latter is more complicated to execute and is more prone to erroneous interpretation regardless of the examiner’s years of experience in handling the test. Scope of the Literature Problem and Significance of the Problem The significance of the problem is to answer the question: â€Å"Which is a better tool to predict the behavior of an individual, is it the personality or the projective tests? † Research problem(s) Explored in the Study The two articles reviewed focus on the problem whether personality tests, observation, and inventories are more reliable, predictive tool in measuring the behavior of an individual rather than the projective tests. Hypothesis in the study Hypothesis of this study suggests that using personality inventories or psychological tests are better than using projective tests to assess a person’s behavior. Research Design and Methodology Research design to be used is descriptive correlational. The approach or tool to be used is the Pearson (r) correlation to determine the relationship between the two variables. Conclusion Psychological tests are tools to measure and predict the behavior of an individual. Depending on its purpose, personality tests and projective tests aim to assess personalities in different settings such as school, workplace, and community. In school, the tests serve the college students’ need to be counseled for the career that suits their personality; at work, the tests are used to evaluate which candidate is more fit for the job; and in the community, the tests determine who are mentally healthy and who are not for providing welfare. References Anastasi, A. & Urbina S. (2002). Psychological Testing. New Jersey: Prentice-Hall, Inc. Hood, A. B. & Johnson R. (2008). Assessment in Counseling: A Guide to Psychological Assessment Procedures. Stevenson Avenue, Alexandria: American Counseling Association.

Cultural Differences Paper

Many people throughout the world indentify themselves by their cultural background. It is common knowledge that there are many different cultures throughout the world. Each culture has its similarities and differences. Every individual has multiple identities Race, ethnic, gender, national, regional, organizational, personal, cyber/fantasy—that act in concert. The importance of any single identity is a result of the situation. As the context varies, you may choose to emphasize one or more of your identities. A conceptual inquiry into race or gender would seek an articulation of our concepts of race or gender (Riley 1988). For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the police way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. The situation is similar, if not worse, with respect to race. The self-evidence of racial distinctions in everyday American life is at striking odds with the uncertainty about the category of race. Is it useful to begin by reflecting on the questions: â€Å"What is gender? †, â€Å"What is race? † and related questions such as: â€Å"What is it to be a man or a woman? â€Å"What is it to be White? African American, or Latino? In this paper, we analyze the multicultural concepts of racial identity and gender identity and point out their significance in understanding cultural differences. Gender Identity Gender is a set of characteristics distinguishing between male and female, particularly in the cases of men and women. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity. Gender being male or female is a basic element that helps make up and individual’s personality and sense o self. Gender identity disorder is a condition in which a male or female feels a strong identification with the opposite sex (Bussey K, Braunda 1999). A person with this disorder often experiences great discomfort regarding his or her actual anatomic gender. People with gender identity disorder may act and present themselves as members of the opposite sex and may express a desire to alter their bodies. The disorder affects an individual's self-image, and can impact the person's mannerisms, behavior, and dress. Individuals who are committed to altering their physical appearance through cosmetics, hormones and, in some cases, surgery are known as transsexuals A person with a gender identity is a person who strongly identifies with the other sex. The individual may identify with the opposite sex to the point of believing that he/she is, in fact, a member of the other sex who is trapped in the wrong body. This causes that person to experience serious discomfort with his/her own biological sex orientation. The gender identity disorder causes problems for this person in school, work or social settings. This disorder is different from transvestism or transvestic fetishism where cross-dressing occurs for sexual pleasure, but the transvestite does not identify with the other sex (Ruble DN 1994) Racial Identity Racial identity is which racial society a person mostly identifies with. However, in today’s world many people have two or more racial identities that make it more difficult for them to grasp and understand the cultural traditions and beliefs. On of the most prominent influences in America is President Barack Obama. As the Unites States first black president has taken office, a new report about race suggests it is a changeable marker of social status rather that a fixed characteristic of one’s birth. Jayson, 2008) Although this presidency will change history forever, President Obama will not be remember for the works that he does in office but for his ethical identity which has been in question since he has taken office. Multicultural, race and society have tremendous ethical influences on our lives, values and experiences. These can also provide a guideline for how we interact with one another on a daily bases. A person can account for suspicion and hat red among people of the same race when it comes to loyalty, affiliation and rigid adherence to stereotypical behavior as well as being the source of comradery and lasting unions. Through racial socialization, individuals are imbued with messages that determine the appropriateness and inappropriateness of their roles as racial being. (Carter, 1995) Racial identity can be one of the most important factors of a human life because it can determine how they live, love, and survive. Conclusion Begin your paper here. Double space the entire document. Be sure to indent the first line of each paragraph between five and seven spaces by pressing the Tab key one time on the keyboard. Happy writing!

Ethical & Legal Issues in Counseling Essay

Counselors like any other medical professionals are guided by professional ethics when it comes to performance of their duties. More often than not, mental health professions are usually faced with the challenge to observe ethical guidelines and legal concerns due to the unique criteria that comes with their job. Primarily, the ethical requirement requires the confidentiality, privacy, and professional relationship between the counselor and the client. This is meant to safeguard the well being of the client and the society at large. The American Counseling Association however provides the ethical guidelines to help these professionals to be able to strike a balance between the ethical practice and the legal requirements depending on the condition of the patient. This leads us to the ethical and legal issues in counseling profession which stems from the 1976 Supreme Court ruling in the State of California better known as the Tarasoff v. Regents of University of California ruling. This paper shall review the California Supreme Court ruling giving details of the case and its implications on the counseling profession. It will also revisit the Virginia Tech Tragedy and draw comparisons between the incident and the Tarasoff decision. Review of California Supreme Court findings: Mental health professionals are confronted with scenarios in which the patients are expressive of some tendencies to cause harm to other individuals. This presents a dilemma on what should the mental health professional do in an effort to avert the imminent danger that the client might pose to the third party. In legal terms, this has been referred to as ‘the psychotherapy’s duty to warn or protect third parties’. The duty to warn and/or protect the third parties came up during the Tarasoff V. Regents of the University of California case in 1976. After learning of the incident in detail, the California Supreme Court observed that the psychotherapists engaged in the treatment of mentally disturbed patients had the duty to warn the threatened individuals based on their reasonable care in an effort to prevent the foreseeable danger that may arise from the condition of the patient (Buckner, and Firestone, 2000). In this landmark ruling, the Supreme Court had learnt of the negligence of the parties concerned which culminated in the death of the Tatiana Tarasoff. The facts of the case outlined that Prosenjit Poddar and Tatiana were in a relationship which to Poddar, was destined to be intimate. However, when Tatiana revealed to him that they were not going to be in such a relationship Poddar was heartbroken leading to the start of the emotional and mental breakdown. Tatiana left for Brazil in the summer of 1969 and Poddar’s conditions started to show some signs of improvement. He was later to enroll for psychotherapeutic sessions after a friend advised him to do so and became a voluntary outpatient at Cowell Memorial Hospital. He was placed under the care of Dr. Lawrence Moore and it is argued that he confided to the doctor that he was going to commit murder. He was referring to Tatiana, his supposed girlfriend when she returned from Brazil (Buckner, and Firestone, 2000). Dr. Lawrence Moore took an initiative to notify the police officers based on the campus regarding the intentions of his patient. He even wrote a letter to the police Chief based at the campus elaborating that Poddar was suffering from an acute and severe paranoid schizophrenic reaction and that he could be a danger not only to himself but also to the other people. The doctor proposed that he was ready to sign the seventy-two hour surveillance order if the police decided to pick up the patient and relocate him to Herrick Hospital. The doctor also observed that his patient’s behavior could at times be rational. Doctors Gold and James Yandell, who were supervisors to Dr. Moore, agreed with his diagnosis and recommendations that Poddar needed to be hospitalized. The patient was taken by the police and put into custody. The police officers including Gary L. Browning; Joseph P. Halleran; and Atkinson interrogated Podder and found out that he was indeed rational and had changed his attitude. The police however released Poddar from custody after he promised to avoid Tatiana and stay far away from her. On the same issue, Dr. Harvey Powelson, who was the Director of Psychiatry at Cowell Memorial Hospital ordered for the return of the letter that had been written by Dr. Moore to the police chief requesting for the 72-hour emergence detention of Poddar. He called for its destruction including the notes that had been written by Dr. Moore on the patient. The Director also issued warnings against taking of any action in putting Podder under the 72-hour emergency surveillance (Buckner, and Firestone, 2000). In the month of October 1969, Tatiana returned from Brazil and Poddar failed to live by the promise that he had made to the police and continued to pursue her. It is claimed that Poddar stopped his appointments with Dr. Moore after Tatiana had returned from her trip. However, the Supreme Court observed that Poddar had stopped seeing the psychotherapist after he was detained by the campus police. All the same, towards the end of October in 1969, Podder went to check on Tatiana at their home. At first he could not find Tatiana and was ordered to leave by Tatiana’s mother. Podder was to come back later equipped with a knife and a pellet gun. This time, he was lucky to find Tatiana alone at home. Tatiana refused to speak to Poddar and upon insisting, Tatiana started screaming. This prompted Poddar to aim at her with the pellet gun with Tatiana running wildly from the house. Poddar pursued her and was able to catch her up in the yard stabbing her severally. Poddar then retuned to the house and informed the police of what he had done asking to be handcuffed (Buckner, and Firestone, 2000). Dr. Kermit Gruberg, who was serving the Berkeley Police Department upon observation of Poddar in less than twenty four hours of the incident, confirmed that Poddar was a victim of paranoid schizophrenia. Poddar was charged with murder though he refused to enter a plea on the ground of insanity. Some times before he was tried, examinations from a neurologist who was hired by the defense indicated that Poddar had organic abnormalities in his brains. During the trial, Dr. Philip Grossi, Dr. Gruberg, Dr. Anderson, Dr. Moore, and Dr. Gold gave testimonies that Podder was insane and a paranoid schizophrenic. It was during the testimonies of Dr. Moore and Dr. Gold that the details about the victim’s plans to murder Tatiana were exposed. Poddar was convicted to second degree murder and following numerous appeals, he was released and ordered to immediately leave the United States, never to come back (Buckner, and Firestone, 2000). Vitaly and Lydia Tarasoff, who were parents to Tatiana, filed the wrongful death suits against the University of California and the psychotherapists who were treating Poddar. The parents alleged four actions which included failure to detain Poddar by the psychotherapists and failure to warn the Tarasoffs that Poddar was of potential danger to their daughter. The other two allegations included the one directed towards Dr. Powelson following his activities in abandoning a dangerous patient and the last one was regarding the ‘Breach of Primary Duty to Patient and the Public’ which was more same to the first allegation (Buckner, and Firestone, 2000). The rulings of the Alameda County Superior Court and the court of appeals dismissed the case ruling in the favor of the defendants. It was argued that there was no special relationship between the defendants and Tatiana or her parents and thus there was no obligation to warn. Dr. Powelson was said to have had no duty to commit Poddar and in case he did so, this action was fdiscretionary and in accordance with the statutes. The Tarasoffs were not satisfied and sought redress from the California Supreme Court (Buckner, and Firestone, 2000). California Supreme Court Decision and its impacts on counseling profession: The decision made in 1976 by the Supreme Court is said to be a second time in considering the case. The very first decision was made in 1974 whereas the second decision emanated from the re-hearing which was granted in 1975. The first decision exemplified that the campus police had a case to answer for having failed to warn Tatiana whereas the second decision was freed them from all legal responsibility (Buckner, and Firestone, 2000). In the second decision, psychotherapists were handed greater latitude to offer protection to the potential victims. In the first decision by the California Supreme Court, the defendants claimed that had no obligation to issue any warnings to Tatiana or the Tarasoffs since they were not patients to the therapists. The court rejected this view while observing some exceptions. Under this the court observed that though the defendants had an exceptional relationship with Poddar as their patient; they had even attempted to control his behavior through the initiation of a police detention (Buckner, and Firestone, 2000). The defendants were also opposed to the duty to warn potential victims calling it problematic in the performance of their duties. However, the Court was quick to assure that not all incidences reported could result into the duty to warn and that a reasonable degree of skill, knowledge, and care would be required in exercising good judgment within the acceptable professional opinion. On the need to protect the confidentiality of the patient, the Court observed that limitation must be observed in disclosing information to prevent danger of patients to other individuals. In the second decision, the California Supreme Court required the psychotherapists to discharge duty to the endangered third parties by other means apart from warning them. The ‘duty to warn’ was therefore changed to become ‘the duty to protect’ under the second decision. The Court held on the decision that required the psychotherapy to protect third party victims upon using reasonable care aimed at protecting the other individuals from the dangers posed by their patients. The Court held that the Psychiatrists could warn the would be victims directly, sending other people who are likely to inform the intended individual, informing the law enforcement agencies, or taking any necessary step depending on the situation (Buckner, and Firestone, 2000). Following the landmark ruling in the Tarasoff v. Regents of University of California, many individuals thought that such a decision was an abnormal one and likely to be overlooked. The professions in mental health also observed that this decision was aimed at undermining psychotherapy practice through the destruction of the principles of confidentiality. Such observations were to be proved wrong since in a couple of year’s time, a New Jersey Superior Court in the McIntosh v. Milano (Buckner, and Firestone, 2000), indicted a psychiatrist basing on the Tarasoff incident. It has to be observed that the California Supreme Court decision which required the mental health professions to give a warning to third party individuals who were in potential danger from their patients has been adopted in most jurisdictions and the decision has even been broaden to incorporate other areas in healthcare practice (Buckner, and Firestone, 2000). The American Counseling Association (ACA) elaborates on the steps to be taken when there is a conflict between the established code of ethics and law requirement. The ACA observes that in the event there is a conflict, the counselors have the duty to make known their commitment to the ACA Code of Ethics and when the conflict stands unresolved by this; counselors have no choice but to relinquish their code of ethics and adhere to the laws and regulations. This means that the law reigns when there is a conflict between the established ethical responsibilities and the law (Docstoc, 2010). The Tragedy at Virginia Tech: Preliminary facts regarding the tragic incident at the Virginia Tech in the year 2007 were appalling. On this fateful day, 33 students and staff lost their lives in a shooting spree carried out by one of the students at the institution. The perpetrator was an English student known as Cho Seung-Hui who was described as a loner by his colleagues and is said have been identified by at least two of his professors as troubled. Earlier on the fateful day, Cho Seung-Hui is said to have mailed a tape to NBC News after having killed two of his victims. In the tape, he fumed against the wealthy in the society and argued that the society was to blame for his actions. The tape indicates that Cho Seung-Hui was full of rage and that he was emotionally troubled. His roommates and friends observed that Cho Seung-Hui showed anti-social tendencies on campus. He is said to have rarely engaged in conversations and was known for one word answers especially on questions that could expose much of him. Further more it has been established that much of the writings made by Cho in his course work revealed violence and murderous images and fury directed towards the female gender (Angelo, 2007). The incident at the Virginia Tech relates in many aspects to the Tarasoff case where the defendants failed to issue warning to the victim and her family. The United States Department of Education findings indicate that the institution dishonored the established campus crime-reporting legislations in responding to the shootings. It is argued that after the first shooting incident occurred at around a quarter past seven in the morning only for the university to issue the e-mail warning at around nine thirty. A moment later the gunman went on a shooting spree which resulted in the death of 33 students and professors including the gunman who shot himself. Timely warning was not issued and that the e-mail that was issued was inadequate as it failed to comprehensively pass the message. The mail read, ‘shooting incident’ without mentioning any fatalities. There is no justification for the two hour delay from the very first incident and the vagueness of the warning. The Virginia Tech officials had enough information that could have helped in identifying the threat and passing information to students and employees (Lipka, 2010). After the shooting, many people have claimed to have raised an alarm regarding Cho’s behavior two years before the incident. His English teacher at the institute is said to have been alarmed by his drawings and even asked him to stay out of class. There were also two other complaints rose by female students at the institution. Cho is said to have contacted one of the female in person and by phone and the other through instant message. After the incident were reported to the campus police, the only asked Cho not to repeat his advances. In the year 2005, the victim is said to have been ordered to a psychiatric observation by a court which revealed that he posed imminent danger to himself. He is also said to have spoken of suicide on several occasion. The officials from higher education claims that these observations are in contravention with the student’s right to privacy. Thus the institution was not in any position to conduct the parents of Cho without his consent on his background (Angelo, 2007). It is evident that those who had some crucial information on Cho Seung-Hui did not take the bold step on sharing the same. It is assumed that by sharing the information that colleagues and professors held about that the young man harbored could have seen the ugly incident averted through psychotherapy. It has been argued that his roommates and some professors had observed some warning behavioral traits. According to the findings of the 2007 Report to the President on Issues Raised by the Virginia Tech Tragedy; it was found that there are impediments in sharing of crucial information. One of the findings read; Education officials, healthcare providers, law enforcement personnel, and others are not fully informed about when they can share critical information on persons who are likely to be a danger to self or others, and the resulting confusion may chill legitimate information sharing (The White House, 2007, para 4) Conclusion: In the Tarasoff incident, the patient is said to have revealed of his intention to kill the girlfriend to the psychiatrists but the therapist failed to issue a warning to the intended victim which tragically ended in the death of the victim. The therapists were found to be answerable for having failed in their duty to warn the victim of the potential danger posed by their patient. The psychiatrists cited breach of confidentiality in their defense which was dismissed by the Supreme Court ruling by offering guidelines on the confidentiality issue. The Virginia Tech incident on the other hand presents a scenario where the institution was barred by the right to privacy to inquire into the psychiatric background of the student gunman and this led to the fatal incident where many lives were lost in cold murder. Reference: Angelo, J. M. , (2007). Tragedy at Virginia Tech. Retrieved on 17th July 2010 from; http://www. universitybusiness. com/viewarticle. aspx? articleid=758 Buckner, F. , and Firestone, M. , (2000). â€Å"Where the Public Peril Begins†: 25 Years After Tarasoff. Retrieved on 17th July 2010 from; http://cyber. law. harvard. edu/torts01/syllabus/readings/buckner. html Docstoc, (2010). Ethical and Legal Issues in Counseling Practice. Retrieved on 17th July 2010 from; http://www. docstoc. com/docs/18350933/Ethical-and-Legal-Issues-in-Counseling-Practice Lipka, S. , (2010). Virginia Tech Contests Education Department’s Assertion of Late Warning in 2007 Shootings. Retrieved on 17th July 2010 from; http://chronicle. com/article/Virginia-Tech-Disagrees-With/65613/ The White House, (2007), Report to the President on Issues Raised by the Virginia Tech Tragedy, Retrieved on 17th July 2010 from; http://www. hhs. gov/vtreport. html