Monday, December 30, 2019

The Controversy Over Columbus Day Celebrations

Only two federal holidays bear the names of specific men—Martin Luther King Jr. Day and Columbus Day. While the former passes each year with relatively little controversy, opposition to Columbus Day (observed on the second Monday of October)  has intensified in recent decades. Native American groups argue that the Italian explorer’s arrival in the New World ushered in genocide against indigenous peoples as well as the transatlantic slave trade. Thus Columbus Day, much like Thanksgiving, highlights Western imperialism and the conquest of people of color.   The circumstances surrounding Christopher Columbus’ foray into the Americas have led to an end to Columbus Day observances in some areas of the U.S. In such regions, the contributions Native Americans have made to the county are recognized instead. But these places are exceptions and not the rule. Columbus Day remains a mainstay in nearly all U.S. cities and states. To change this, activists opposed to these celebrations have launched a multi-pronged argument to demonstrate why Columbus Day should be eradicated. Origins of Columbus Day Christopher Columbus may have first left his mark on the Americas in the 15th century, but the United States didn’t establish a federal holiday in his honor until 1937. Commissioned by Spanish King Ferdinand and Queen Isabella to explore Asia, Columbus instead sailed to the New World in 1492. He first disembarked in the Bahamas, later making his way to Cuba and the island of Hispanola, now the home of Haiti and the Dominican Republic. Believing that he had located China and Japan, Columbus founded the first Spanish colony in the Americas with the help of nearly 40 crewmembers. The following spring, he traveled back to Spain where he presented Ferdinand and Isabella with spices, minerals and indigenous peoples he’d captured. It would take three trips back to the New World for Columbus to determine that he hadn’t located Asia but a continent altogether unfamiliar to the Spanish. By the time he died in 1506, Columbus had crisscrossed the Atlantic numerous times. Clearly, Columbus left his mark on the New World, but should he be given credit for discovering it? Columbus Didn’t Discover America Generations of Americans grew up learning that Christopher Columbus discovered the New World. But Columbus wasn’t the first European to land in the Americas. Back in the 10th century, the Vikings explored Newfoundland, Canada. DNA evidence has also found that Polynesians settled in South America before Columbus traveled to the New World. There’s also the fact that when Columbus arrived in the Americas in 1492, more than 100 million people inhabited the New World. G. Rebecca Dobbs wrote in her essay â€Å"Why We Should Abolish Columbus Day† that to suggest that Columbus discovered America is to suggest that those who inhabited the Americas are nonentities. Dobbs argues: â€Å"How can anyone discover a place which tens of millions already know about? To assert that this can be done is to say that those inhabitants are not human. And in fact, this is exactly the attitude many Europeans†¦displayed toward indigenous Americans. We know, of course, that this is not true, but to perpetuate the idea of a Columbian discovery is to continue to assign a non-human status to those 145 million people and their descendants.† Not only didn’t Columbus discover the Americas, but he also didn’t popularize the idea that the earth was round. The educated Europeans of Columbus’ day widely acknowledged that the earth was not flat, contrary to reports. Given that Columbus neither discovered the New World nor dispelled the flat earth myth, opponents to the Columbus observance question why the federal government has set aside a day in the explorer’s honor. Columbus’ Impact on Indigenous Peoples The main reason Columbus Day draws opposition is because of how the explorer’s arrival to the New World affected indigenous peoples. European settlers not only introduced new diseases to the Americas that wiped out scores of Native peoples but also warfare, colonization, slavery, and torture. In light of this, the American Indian Movement (AIM) has called on the federal government to stop observances of Columbus Day. AIM likened Columbus Day celebrations in the U.S. to the German people establishing a holiday to celebrate Adolf Hitler with parades and festivals in Jewish communities. According to AIM: â€Å"Columbus was the beginning of the American holocaust, ethnic cleansing characterized by murder, torture, raping, pillaging, robbery, slavery, kidnapping, and forced removals of Indian people from their homelands. †¦We say that to celebrate the legacy of this murderer is an affront to all Indian peoples, and others who truly understand this history.† Alternatives to Columbus Day Since 1990 the state of South Dakota has celebrated Native American Day in lieu of Columbus Day to honor its residents of indigenous heritage. South Dakota has a Native population of 8.8 percent, according to 2010 census figures. In Hawaii, Discoverers’ Day is celebrated rather than Columbus Day. Discoverers’ Day pays homage to the Polynesian explorers who sailed to the New World. The city of Berkeley, Calif, also doesn’t celebrate Columbus Day, instead recognizing Indigenous Peoples Day since 1992. More recently, cities such as Seattle, Albuquerque, Minneapolis, Santa Fe, N.M., Portland, Ore., and Olympia, Wash., have all established Indigenous Peoples Day celebrations in place of Columbus Day.

Sunday, December 22, 2019

Essay on Comparison of Repression - 479 Words

Comparison of Repression I. Intro: In the month of March, 2004, our English class read three stories. We read: (1) The Story of An Hour, (2) The Sky is Gray, and (3) The Man Who Was Almost A Man. The three stories were not only interesting, but had a common theme. All the stories showed different examples of repression. Repression was shown by the focal character in each story, the families and society. II. Body First, there was repression of these characters by themselves. In The Sky Is Gray, James has suffered with a prolonged toothache. He does not want to worry his mother because he knows they have little money. He exhibits a form of self-repression by not†¦show more content†¦This in turn gets him into more trouble. He appears to be childish to others and does not prove that he is an adult. The Story of An Hour portrays mental oppression through a woman who is married to an overbearing husband. When Louise learns that her husband has been killed, she seeks solitude to grieve, but instead finds comfort in the realization that she is free to live her own life. She realizes she is out from under the strong hold of her domineering husband. When she returns downstairs to the support of her sister and friend, only to find her husband walking through the door. She is startled that she drops dead. She had repressed her own feelings for so long that death held more appeal for her tha n continuing the life her husband had insisted she live. The stories portrayed repression by a family member, also. In The Sky is Gray, James was repressed by his mother because she always wanted him to learn by tough love. She was always teaching him lessons on how to become a man; therefore he rarely enjoyed his childhood. In The Story of An Hour, Louise was repressed by her sister, Josephine, because she viewed Louise and weak because of her heart condition. This resulted in Josephine not wanting to break the news of Louises husbands death. In The Man Who Was Almost a Man, Dave was repressed by his mother because sheShow MoreRelatedAnalysis Of Coal By Audre Lorde s Poem, Coal936 Words   |  4 PagesAnalysis of Coal Audre Lorde’s poem, Coal, explores the idea of repression and the freedom of speech. On first reading of the text, the poem seems to be built around an idea of anger towards repressing one’s individual thoughts and not voicing personal opinion. However, through a deconstructive reading, there are inconsistencies within the text’s language that question whether the speaker is referring to the forceful repression of spoken words or other motifs like femininity, power and self worthRead MoreDemocracy And Government Repression Essay. Democracy Is1620 Words   |  7 PagesDemocracy and government repression essay Democracy is a difficult concept to define, with almost every nation state in the world self-defining themselves as such, when in fact not all are. The complexity of the definition of democracy poses challenges when one is trying to analyse the causes and effects that democracy can have. Democracy occurs by degree, not in absolutes, further complicating analysis. The traditional definition of democracy prior to the revolutions of the 18th and 19th centuriesRead MoreA comparison Study of Russia and Estonia1171 Words   |  5 Pageswill attempt to provide the factor that leads to the inequality of human rights violation-levels between countries. The following table is a graphic representation of the comparison method used throughout the paper, which could be used for clarification purposes: As depicted by the table, the two countries chosen for comparison are Russia and Estonia. Since we are trying to determine the factor that causes some countries to have higher levels of human rights violations than others, these two countriesRead MoreAlfred Hitchcock And Psycho And Peter Shaffer1328 Words   |  6 PagesAlfred Hitchcock in the film Psycho and Peter Shaffer in his stage production Equus both explore the true nightmares that manifest from sexual and emotional repression. The writers emphasise the motives and the reason for the characters actions opposed to how the causations of this repression occurred. Conversely, both works draw on the common theme of the disturbed human psyche, offering a critical perspective on the upbringing of each individual with regards to their early development, each charactersRead MoreFinancial Repression is Negatively Related to Financial Growth1458 Words   |  6 Pagesfinancial distortions with black market exchange premiums rates and r eal interest rates squared lowers investment ratios eventually leading to a reduction in growth output. In the same vein, Roubini and Sala-i-Martin (1992) also revealed that financial repression is negatively related to growth while controlling other growth determinants; hence interest rates (bank-reserve requirements) correlates inversely with growth. In the work of Taylor A. M. (1998), he examined the effects of costs of financial distortionsRead MoreArticle Review of Fatema Mernissis Size Six: The Western Womens Harem634 Words   |  3 Pagesperspective of Western women. Interestingly, the author argued that the subordination and repression of Western women by their own society particularly men are harsher and worse than the general perception of Muslim women as the more repressed and considered subordinate because they wear the veil, among other restrictions implemented to women in Islam. In establishing this thesis, Mernissi begins her comparison by narrating a personal experience about not being able to find a skirt that fits her sizeRead More Comparing the Role of the Ghost in Morrisons Beloved and Kingstons No Name Woman972 Words   |  4 Pagesrepresent a repressed historical past that is awakened in their narrative retelling of the stories. The ghosts facilitate this retelling of stories that give voice to that which has been silenced, challenging this repression and ultimately reversing it. The patriarchal repression of Chinese women is illustrated by Kingstons story of No Name Woman, whose adulterous pregnancy is punished when the villagers raid the family home. Cast out by her humiliated family, she births the baby and then drownsRead MoreCharacter Comparison - Hills Like White Elephants/A Rose for Emily989 Words   |  4 PagesEnglish 152 9 October 2012 Character Comparison – Two Repressed Women Both â€Å"Hills like White Elephants† by Ernest Hemingway and William Faulkner’s â€Å"A Rose for Emily† center around two women who are repressed by their lives’ circumstances. However, outside of their feelings, their situations could not be more different. Miss Emily Grierson is trapped in a life of solitude, despondency, and desperation. The girl, or â€Å"Jig†, is equally as desperate, but her repression is not born of loneliness or restraint—itRead MoreA Comparison Piece of Mark Twains the Adventures of Huckleberry Finn and Frederick Douglasss Narrative of the Life of Frederick Douglass, an American Slave834 Words   |  4 PagesHuckleberry Finn and Frederick Douglasss Narrative of the Life of Frederick Douglass, an American Slave can be said to be comparison pieces. Despite that Huck Finn is a fictional character and Douglass was a physical being, certain characteristics and developmental processes are very similar. Firstly, in the initial stages of their lives, both Huck and Douglass faced repression, though in different forms. While Huck is a character whose spirit longs to fly freely, there are others that would conformRead MoreEssay Psychoanalytic Theory and the Defense Mechanisms1287 Words   |  6 Pagespsychoanalysis as an attribution of thoughts and actions to an individual’s unconscious motives and conflicts through the use of personality and therapeutic methods. Within this theory Freud developed an idea of an individual’s mind by analyzing it in comparison to an iceberg. Much like an iceberg, which contains various regions that are exposed and concealed, Freud viewed one’s cognizance through the same lens. He generated a clear view of the human mind in three distinct categories: the id, the ego,

Saturday, December 14, 2019

Scoping and Screening in Environmental Impact Assesssment Free Essays

AN OPTIONAL ESSAY ON COMPARING AND CONTRASTING THE ROLES OF â€Å"SCREENING† AND â€Å"SCOPING† IN ENVIRONMENTAL IMPACT ASSESSMENT PROCESS. ENVIRONMENTAL IMPACT ASSESSMENT COURSE UNIT PLAN60411/PLAN40321 STUDENT ID :8528550 INTRODUCTION Environmental Impact assessment is a systematic process that examines, analyses the environmental consequences of development or development action in advance (Glasson,J. el al 2005). We will write a custom essay sample on Scoping and Screening in Environmental Impact Assesssment or any similar topic only for you Order Now It is a logical process for establishing and sustaining an environment of quality by incorporating environmental considerations into decision making; specifying and clarifying the environmental aspects of development proposals to decision makers; indicating ways of mitigation and proffering project alternatives. It involves crucial stages for its optimum desirability and success these include â€Å"screening† and â€Å"scoping†. This paper of discourse will clearly compare and contrast the roles of these indispensible tools used in environmental impact assessment process. DEFINATION OF TERMS Screening is a mechanism which seeks to focus on those projects with potentially significant adverse environmental impact or whose impacts are not fully known. Scoping is the process of identifying from a broad range of potential problems, a number of priority issues to be addressed by an environmental impact assessment. (Wathem,P 2004) SCOPE OF STUDY From the foregoing, we can construe that they are essential stages of environmental impact assessment. Screening and scoping are both preliminary stages of an environmental impact assessment, and executed systematically in stages which must be done in a logical and professional manner, especially in the case of an integrated environmental impact assessment approach. They both have approaches for the scrutiny of a proposed project for consequently crucial in decision making. Both share a major role: the execution of a successful environmental impact assessment as an effective protection and management tool, as resourceful as possible. Despite what roles they have in common, these components of requisite have distinctive features and approaches in the roles they play in the environmental impact assessment process. Screening is focused on the significance of an impact in the environment, while scoping works on the range of issues to be defined after level of impact significance. They have different approaches to their functionality; screening uses the following approaches: * Schedule 1 (EU: Annex 1) Environmental impact assessment is mandatory * Schedule 2 (EU: Annex 2) Environmental impact assessment is discretionary, according to thresholds. * Schedule 3 (EU: Annex 3) Further consideration of Schedule 2 projects example environmental sensitivity. The EIA regulations England SI No 1824 2011 While scoping uses * Scoping Checklist * Scoping Matrix * Network programming European commission guidance on EIA: Scoping(2001) Screening uses the Initial Environmental Examination or evaluation (IEE) as its checks and balances. On the other hand, scoping uses Scoping and report/opinion and public input and participation through a Terms of Reference (TOR). Project screening, precedes project scoping. Hence, screening must be carried out before project scoping. It is recommended and not mandatory to public involvement and stakeholders in screening, scoping differing from screening deems it is mandatory and recommendable for public participants to be involved at the stage of environmental impact assessment. CONCLUSION It is usually difficult to overemphasis the roles played by screening and scoping in environmental impact assessment irrespective of how far they are in contrast or how close they are in comparison. What is imperative is that the success of an environmental impact assessment depends largely on how well they are conducted. REFERENCES Glasson, J. et al (2005): Introduction to impact Assessment; Routledge, Abingdon, 3rd Edition Wathern, P. (2004): Environmental Impact Assessment, Theory And Practice: west Sussex London Journal On Environmental Impact Assessment Training (2002); Topic 4, UNEP How to cite Scoping and Screening in Environmental Impact Assesssment, Essay examples

Friday, December 6, 2019

Applicable Law Valid Contract-Elements

Question: Describe about the Valid Contract Elements". Answer: The offer is the first step of formation of a contract this expression defines a persons willingness for contracting in line with the specified terms. These terms further are made with the intention of making the terms of the offer binding as soon as the parties accept the same. There are two parties to an offer, (i) offeree to whom the offer is being made and (ii) offeror who makes the offer. An offer has three requirements (a) it needs to have exchange terms; (b) a willingness must exist for offeror to have the terms of the contract to be binding on him and (c) once the offeror has accepted the offer the offerree has the power to bind the offeror and the offeror cannot retract the offer once the same has been accepted by the offerree. The case of Pharmaceuticals Society of Great Britain opined that the goods which are displayed in a shop have been put there for allowing the customer to choose from them only. An offer however would be made only when an offer is made by the customer for purchasing. Thus Alan went to the store of Ben to look at the liquor on display since he wanted to purchase the same. This was only an invitation to treat since he was only looking. There was a counter offer that was made by Ben with respect to Alans request of buying Russian distilled vodka thus nullifying the initial treat to offer. Later upon insistence of Alan being the offeror that he wished to purchase only Russian distilled vodka Ben being the offeror assured him that the vodka provided by him would satisfy his requirement. It was opined in the Bannermans case that upon communication of a specific term by the offeror to the offerree the same shall be binding on the offeror. In the case of Ben and Alan there are specific terms which Alan communicate to Ben and it was in furtherance of these specific terms that the transaction was commenced. This was on the basis of this assurance that there was an acceptance of the offer and consequently the consideration was paid and the same acknowledged by way of receipt. The final element of a valid contract is that of legal capacity which broadly means that people who are either minors (in Singapore the age of majority is 18 years with effect from March 2009) or mentally incapacity do not have the capacity of forming a contract. Further it can be observed the Alan is an avid drinker hence a presumption can be made that he is not a minor further he also very clearly indicates his preferences and describes it correctly to Ben hence it is further presumed that he is not mentally incapacitated. In the case of Ben he is salesman for alcohol who is dealing deftly with the client hence presumption can be made that is not a minor nor mentally incapacitated. There has to exist the legal intention for creating a relationship that is legally recognized. There exists an intention to create a relationship that is legal because this is a contract of sale which is commercial in nature. Further based on the fact that there has been completion of the transaction and receipt provided for the same it can stated that there was an intention for creating a legal relationship. Thus, there has been a valid offer and acceptance, upon being assured that the alcohol is Russian Vodka he accepts the offer thus and paid to Ben the consideration for the same and a general rule exists that a promise will be enforceable only if there is a consideration attached to it. There is also a clear intention of forming a legal relationship and both the parties have the legal capacity to form a valid contract. There was quality of product however which Ben assured at the time when the purchase was being made however the alcohol that was purchased by Alan proved to be dangerous. Thus there has been a misrepresentation of the part of Ben and any contract which is formed on the basis of misrepresentation maybe set aside. Applicable Law Where there is a specific description of products that are being sold then it an implied condition under Section 13 that the goods should match the description of the properties that has been sold. It is with the products description and not the quality that this section is concerned with (Arcos v Ranaason [1933] AC 470). Therefore since Alan had specified that Russian distilled vodka was required by him and it was assured by Ben that the liquor was what had been requested by Alan hence the Sale of Goods Act section 13(1) would be attracted however the description of the product does not correspond with the product that had been specified by Alan. Though it can be assumed that Ben being only a salesman who was selling liquor may have unintentionally sold the liquor to Alan. It is not possible to take out the fault that was there in the alcohol without using any scientific method and even Alan and his friends realized that the liquor was not good when they had consumed it. However, it must be noted that this section 13 cannot be relied upon in those cases where the buyer has actually viewed the products (Harlington Leinster v Christopher Hull Fine Art [1991] 1 QB 564). Standard placed under section 14(3) wherein the buyer has informed the seller certain qualities that are required by the goods then there are higher standards. Under this the seller would be liable even if there is satisfaction of the safety aspect however the product is not the specific to that which the buyer had required(National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2007). It must also be noted further that the alcohol which was sold by Ben was not legal and as held in the case of Rowland vs. Divall when a product has been obtained by illicit or illegal method then the same shall not be justifiable. A receipt is when a party acknowledges in writing that they have from the person whose name has been mentioned on the receipt received a consideration as has been specified in the receipt. In the receipt sometimes apart from acknowledgment of receiving of particular this there is also an acceptance of doing from the agreement between the parties another thing. The receipt is however only a prima facie evidence of the contract which exists between the parties which is considered. For incorporating a written term in the contract and the same to be considered by the court one of the main requirements is that the terms incorporation notice has to be given either before the agreement to the contract or during the agreement to the contract. Thus in the given situation between Alan and Ben the receipt only an evidence of the contract between Alan and Ben acknowledging the consideration received and paid by the respective parties. It was established in the case of Olley vs. Marlborough Court Hotel case that for considering the terms to be incorporated into the contract it is necessary that there should be a notice of the same either at the time when the contract is being made or before the contract has been made(Olley v. Marlborough Court Hotel, 1949). In light of the aforementioned discussion and case law, it is clear in the situation of Ben and Allan the exclusion clause which was added to the receipt being that the products sold are not refundable nor the seller responsible for the safety of the products it was necessary for Ben to inform Alan of the same at the time of formation of contract or before the contract was to be considered to be a part of the contract since it was made known to him after the contract had been formed and consideration made it would not be an exclusion clause in the contract and Alan can claim damages from Ben as in the case of Olley vs. Marlborough Court Hotel. Further it is also essentialto notethat the it is in the document of contract that the exclusion clause should be incorporated. This document of contract is the one which any reasonable person should assume to contain the contracts terms and should not be just the mere acknowledgment of consideration being received like a receipt (Parker v. SE Railway Co., 1877). Application of Law For claiming damages for negligence it is first essential establish that a duty of care existed. A duty of care is said to exist if there is proximity between the plaintiff and the defendant. There is a test of reasonable foreseeability for establishing duty of care: There will be a duty of care that the defendant will owe towards the plaintiff where it can be foreseen reasonably that harm might be caused to the plaintiff due to omission or act of the plaintiff. There has been a breach of duty on the part of Ben when he sold the bootleg alcohol to Alan since it could have been reasonably foreseen by him that any person who would be drinking the alcohol could be harmed(Donoghue v Stevenson, 1932). In the case of Donoghue v. Stevenson the product liability principle was established in which it was stated that there existed a duty of care even when there was no contract or no proximity of parties(Donoghue v Stevenson, 1932). It also further stated that reasonable care should be taken for avoiding omissions or acts which can be foreseen reasonably that it is likely to injure neighbor. Neighbors under law are those who are directly and closely affected by the act (Donoghue v Stevenson, 1932). When it comes of sale of goods the duty of care is owed to the ultimate consumer even if there was no chance on inspection of the product. Thus keep in purview the product liability principles established it can be stated that a duty of care is owed towards the ultimate consumers and the neighbors to ensure that there has been no act or omission that would likely cause harm. Causation requires it to be necessary that negligence should be harms necessary condition, and that harm is falling within the defendants scope of liability. Issue of remoteness and causation are separately tended to, the but for test is the key tens when it comes to causation which basically question whether there could have been sustaining of the loss but for the negligence of the defendant. The case of Barnett v Chelsea and Kensington HMC (1969) is a leading case in this regard(Barnett v Chelsea and Kensington, 1969). Thus, since there has been a breach of duty on the part of Alan by selling harmful bootleg alcohol he would be held liable for it even by Alans friends and there is no remoteness of relationship since it was by drinking this alcohol that Alans friends had fallen sick. Also the product liability principle would be applicable in this situation and since Alans friends are the ultimate consumers there lies an action against Ben from them. Further in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Also in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Action can also be brought by Alans friends under the Chapter 53B "Contracts (Rights of Third Parties) Act" where the enforcement of contract terms can be done by third party. Under the neighborhood principle the friends shall qualify. References Articles and conditions of building contract.(2011). Singapore. Bannerman vs. White, 10 CBNS 844 (1861). Barnett v Chelsea and Kensington, HMC (1969). Ch.09 Domestic Sale of Goods. (2016).Singaporelaw.sg. Retrieved 4 July 2016, Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd, SGHC 242 (2006). Donoghue v Stevenson, AC 562, 580. (1932). Frost v. Aylsbury Dairy Co. Ltd., 1 KB 608 (1905). George Mitchell v Finney Lock Seeds, 2 AC 803 (1983). National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2 SLR(R) 1048 (2007). Neyers, J., Bronaugh, R., Pitel, S. (2009).Exploring contract law. Oxford: Hart Pub. Olley v. Marlborough Court Hotel, 1 KB 532 (1949). Parker v. SE Railway Co., 2 CPD 416 (1877). Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd., 1 Q.B. 401 (1953).