Monday, May 25, 2020

The Dark And Seldom Discussed Crudeness Of Slavery Essay

The dark and seldom discussed crudeness of slavery is often masked by euphemisms to avoid expressing the true damage it inflicts. This veil is lifted as Toni Morrison successfully attempts to inform readers in realistic detail of the animal like treatment that the black population endured in her novel, Beloved. Through explicit scenes of abuse as well as character recollections of memories once locked away, audiences are given an insight into the torture that convinced black slaves that they were nothing more than animals. Firstly, schoolteacher ensures that future generations continue the white racist agenda of ridding the black population of their human traits. Secondly, the inhumane treatment of slaves by the white masters is returned through animal like behavior. Finally, the suffering endured at Sweet Home challenged the slaves’ most valued qualities. The dehumanizing treatment of slaves leads to the deterioration of their identities. The white slave owner at Sweet Home, schoolteacher, makes a point to pass on racist outlooks to the future generation of slave owners, divesting the black population of any sense of humanity. Through comparative analysis, schoolteacher lectures his nephews on the similarities between animals and black slaves. He instructs them to determine the resemblances in the following quotation: â€Å"No, no. That’s not the way. I told you to put her human characteristics on the left; her animal ones on the right. And don’t forget to line

Friday, May 15, 2020

The No Child Left Behind Act - 874 Words

Under the most current statewide mandates of the No Child Left behind Act (NCLBA) (Bush, 2001) educators in the public school system must raise the bar for teaching. This means teaching classroom lessons to effectively educate all styles of learning and bringing students to proficient levels of being educated. Schools are expected to meet these challenges by hiring qualified teachers who are well trained and educated to instruct daily assignments for students. In March of 2010, the Obama Administration sent to Congress a reform amendment of the public schools, NCLBA, to help close some achievement gaps. President Obama has called on Congress to fix the laws to benefit and prepare all students for college or career readiness. One key issue that might assist Obama and Congress is the ability to realize the diverse types of learning styles per student. For example, all students do not test well under pressure which mean some type of plan needs to be set-up for those students to take a test instead letting them slide thought the system uneducated. In my opinion, if a disable or delayed student can remember the lyrics to a rap song. Then he or she can remember test information presented by audio or in the form of music. A student with behavioral issues might not be able to sit thought an entire lesson or test, but giving them lessons on audio in class would probably be a great idea for holding their attention for learning. Also, another idea is maybe giving the test toShow MoreRelatedNo Child Left Behind Act1621 Words   |  7 Pages The support for the No Child Left Behind Act plummeted down shortly after the act passed. Many people supported the act at first simply because they supported the goals of the a ct, once they saw the results, their opinions changed. One of the biggest arguments towards No Child Left Behind is that it is unfair. People believed the resources of difference schools were unequal, and thought the Title 1 funding that the schools received should go to ensuring all schools had equal resources. Many peopleRead MoreThe No Child Left Behind Act1670 Words   |  7 Pages Literature Review: Every Student Succeeds Act Suzanne Hatton, BSW, LSW University of Kentucky-SW 630 Abstract This literature review seeks to explore the Every Student Succeeds Act (2015), a bipartisan reauthorization and revision to the No Child Left Behind Act (2002). The Every Student Succeeds Act (ESSA) is the first law passed in fourteen years to address Reneeded changes to the No Child Left Behind Act (NCLB). Considered progressive and innovative at the time of itsRead MoreThe No Child Left Behind Act875 Words   |  4 PagesThe No Child Left Behind Act â€Å"NCLB† was a bill passed by the Senate in 2001 and signed into law by President George W. Bush on January 8, 2002. It was a revision of the Elementary and Secondary Act â€Å"ESEA† of 1965 by President Lyndon Johnson. The NCLB was intended to help children in lower-income families achieve the same standard of education as children in higher income families. This was done by the federal government providing extra finances for Title I schools in exchange for a rise in academicRead MoreNo Child Left Behind Act1418 Wor ds   |  6 Pagessystematic oppression. The flowing water of oppression floods poor schools; drowning students with dreams, and giving no mercy. The only ones safe from the water are the privileged, who are oblivious to the fact that it exists. George Bush s No Child Left Behind Act, which passed in 2002, mandated annual standardized testing in math and reading. If schools received insufficient scores, they were punished or shut down. This fueled the construed concept that a school is only doing well if the students haveRead MoreThe No Child Left Behind Act Essay921 Words   |  4 Pagesuccessful at it. (Source 7) Next, the â€Å"No Child left behind Act† it was signed by President George W. Bush and it passed with bipartisan support on Jan. 8, 2002. This Act states that there will be mandated annual testing in the subject reading and math and science. In the grades 3-8 and 10th grade. It shows the Adequate Yearly Progress of each school in the system of the United States. (source 1) The biggest point of this Act is that no child is â€Å"trapped in a failing school† (source 1). That eachRead MoreThe No Child Left Behind Act2120 Words   |  9 PagesWhen President George W. Bush signed the No Child Left Behind Act (NCLB) into law in 2002, the legislation had one goal-- to improve educational equity for all students in the United States by implementing standards for student achievement and school district and teacher performance. Before the No Child Left Behind Act, the program of study for most schools was developed and implemented by individual states and local communities†™ school boards. Proponents of the NCLB believed that lax oversightRead MoreThe No Child Left Behind Act1988 Words   |  8 PagesJanuary 8, 2002, George W. Bush signed the No Child Left Behind Act into law (also known as the NCLB). The No Child Left Behind Act was the latest reauthorization of the Elementary and Secondary Education Act of 1965, a federal education bill addressing the nation’s schools. At his signing ceremony, Bush stated, â€Å"There’s no greater challenge than to make sure that every child—and all of us on this stage mean every child, not just a few children—every single child, regardless of where they live, how they’reRead MoreThe No Child Left Behind Act1592 Words   |  7 PagesThe No Child Left Behind Act was the biggest educational step taken by president Bush and his administration. Its main goal included the increase of achievement in education and completely eliminate the gap between different racial and ethnic grou ps. Its strategies had a major focus on uplifting test scores in schools, hiring â€Å"highly qualified teachers† and deliver choices in education. Unluckily, the excessive demands of the law have not succeeded in achieving the goals that were set, and have causedRead MoreNo Child Left Behind Act1747 Words   |  7 PagesNo Child Left Behind Introduction The No Child Left Behind Act (NALB) was signed into law by the former President of the United States George Walker Bush on the 8th of January 2002. It was a congressional attempt to encourage student achievement through some reforms focused on elementary and secondary education programs in the United States. The NCLB requires that within a decade all students including those with disabilities to perform at a proficient level on their state academic evaluation testsRead MoreThe No Child Left Behind Act1124 Words   |  5 PagesChristian J. Green Dr. Shoulders NCLB and ESSA 28 February 2016 The No Child Left Behind Act (NCLB) was authorized by and signed into law in 2002. NCLB was a reauthorization of the Elementary and Secondary Education Act (ESEA) of 1965. NCLB was meant to hold schools to higher standards, enforce accountability, and close achievement gaps that had existed in education since ESEA was enacted. Nevertheless, the rigorous standards and goals set forth under NCLB were never attained. ESEA Flexibility could

Wednesday, May 6, 2020

Cima Mountaineering, Inc. - 5792 Words

MARK 60013 Case Study #1: Cima Mountaineering, Inc. Markus Decker Kevin Dulac Erik Frank Chad Mays 09/24/2002 Introduction In this case study, our team examines the decisions facing a small western mountain boot manufacturing company, Cima Mountaineering, Inc. This paper will provide a brief overview of the case, including a quick background perspective of the company. We will present the two options given in the case, and examine the four possible alternatives, which exist as possible solutions to the company’s dilemma. For each possible outcome, we will provide detailed analysis of each alternative evaluated against various criteria. Finally, based on the results of the analysis, an overall conclusion will be†¦show more content†¦Briefly, the following criteria used are: †¢ Strategic Fit – How does the alternative fit within Cima’s existing company strategy? †¢ Product Advantages – What are the unique benefits? †¢ Market Forecast – What is the outlook for growth and market share? †¢ Distinctive Capabilities – What are the unique aspects of each alternative? †¢ Production Capacity – How will Cima address capacity issues for these alternatives? †¢ Market Coverage – What is the market penetration? †¢ Market Segment Targeting – What is the method for targeting specific market segments? †¢ Positioning – How is does each alternative position Cima within the market? †¢ Distribution – How will distribution and value chain issues be addressed? †¢ Pricing – What is the pricing strategy for each alternative? †¢ Advertising and Sales Promotion – How will promotion of new products change? †¢ Net Present Value – which alternative is most favorable from a financial standpoint? Strategic Fit Within the context of the Company’s vision at the time of this case, Anthony’s proposal to add two new products to the existing Summit hiking boot line is well within the existing company strategy: high quality products aimed at a very specific market segment. Margaret’s proposal to introduce a third lower cost â€Å"weekender† product line means that the company must deviate from their traditional productShow MoreRelatedEssay Cima Mountaineering Inc916 Words   |  4 PagesSituation Analysis: Cima Mountaineering, Inc. is a company that manufactures mountaineering and hiking boots for mountaineers and serious hikers. The company mainly manufactures two classic kinds of leather boots- Glacier boots for mountaineering and Summit boots for Hiking. Although the demand for mountaineering and hiking boots has increased in 1994, only serious mountaineers and hikers are interested in their boots and the demand is seasonal, while the foreign competitors target both seriousRead MoreEssay about CIMA Mountaineering, Inc Case Study1005 Words   |  5 PagesStatement CIMA Mountaineering, Inc. is a company manufacturing in hiking and mountaineering boots for beginner to experience hikers. CIMA sales and profit had grown steadily within the last several years. However, CIMA growth is beginning to slow down as a result of foreign market and changing market. The company is under consideration of two marketing proposals, these two marketing proposals will discuss about marketing strategies for increasing sales and profits of the company. CIMA Mountaineering, IncRead MoreMarketing Cima Mountaineering Case Study1940 Words   |  8 PagesWhat is Cima’s current situation? After the renovation of Cima mountaineering, Inc. in 1990, they started with $ 13 million revenues, with profit margin of 4.01%. The next 3 years witnessed a continuous increase in sales and revenues. Their profit margin increased to reach 4.97% by year 1992. They reached an all time high sales and revenues in 1995 of $20 million; however their profit margin decreased to 4.27%. Cima mountaineering, Inc. has been growing steadily the sales by a significant percentage

Tuesday, May 5, 2020

Contract Law Air Great Lakes Pty Ltd - Free Sample Solution

Question: Discuss about theContract Law for Air Great Lakes Pty Ltd. Answer: Introduction As a result of the facts that have been provided in this question, it needs to be decided if the promise made by Richard's father, according to which he was going to pay $200 per week to Richard can be enforced in a court of law. This issue can be determined by considering if the essential elements that are required for creating a valid contract are present in this case, including the intention of the parties to form a legal relationship. The position under the contract law is that the presence of certain elements is essential in order to create a valid contract. In this context, a valid contract can be described as an agreement that can be enforced by the law. These elements include offer, acceptance, lawful consideration and at the same time, it is required that the parties should have the intention that they should form a legal relationship. It is one of the essential elements, that is necessary for forming a valid contract that such intention to the present one part of the parties to the agreement. This requirement has been introduced so that it can be established that the parties intended to accept the legal consequences of entering into the agreement. Therefore in such cases, according to the law of contract, the evidence regarding the intention of the parties to enter into a legal relationship is generally demonstrated by establishing that consideration is present (Atiyah, 2000). The result is that if a particu lar thing has been specified by the promisor as the price that has to be paid in return of the promise, under the contract, generally it can be said that it was the intention of the parties to be legally bound by the promise. However, it needs to be mentioned in this regard that the requirement to establish the intention of the parties to be legally bound by the agreement is an independent requirement. As a result this element needs to be established separately. Consequently, in some cases it is possible that although consideration is present however, it cannot be concluded that it was also the intention of the parties to be legally bound by the agreement. In this way, the court has to adopt an objective approach when it has to decide the question if the parties had the intention of being legally bound by the contract (Beatson, Burrows and Cartwright, 2010). In such cases, the law contract provides that when this issue has to be decided by the courts, there are certain presumptions that are applicable in case of different types of contracts. Therefore, when the agreement between the parties is a social or a domestic agreement, the presumption is present according to which, the parties did not have the intention of entering into legal relations (Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd., 1989). As against this position, when a particular agreement has been created by the parties in context of trade or commerce, a presumption exists that this intention was present on the part of the parties to the agreement. Recently in some decisions, it has been mentioned by the High Court of Australia that this presumption cannot be used to deal with the issue of the intention of the parties. Consequently, in each case, it has to be established that the parties had the intention of forming legal relations without the help of these presumpt ions (Ermogenous v Greek Orthodox Community of SA Inc., 2002). However, in case of domestic family arrangements, it can be presumed that the parties did not have the intention of entering into legal relations, at least when these parties have harmonious relations. The result is that in case of domestic family arrangements, it is not very easy to prove that it was intention of the parties that they should form legal relations for example in Balfour v Balfour (1919). Similarly the facts of Jones v Padavatton (1969) can also be applied to the present case. In this case also, it was the decision of the court that a presumption is present in this case according to which, the parties did not have the intention that the family arrangement, that was based on good faith, should be enforceable in a court of law. In this case, Mrs Padavatton was working in Washington when her mother, Mrs. Jones wanted her to go to London to study at the bar. While at the beginning, Mrs Padavatton was not willing to leave her job but later on she agreed. Mrs. Jones wanted that after completing her study, she should join her legal practice in Trinidad. Under these circumstances, Mrs. Padavatton went to London and started her study. On the other hand, Mrs. Jones started to pay an allowance to her but the allowance proved to be insufficient and she had lived in a single room along with her son. Later on, Mrs. Jones purchased a large house so that her daughter can live comfortably and at the same time, the rent from other rooms can be used by her as the maintenance. But when Mrs. Padavatton could not complete her studies and moreover, he also married someone, Mrs. Jones wanted the possession of the house. On the other hand, Mrs. Padavatton tried to enforce the contract under the law. But the court arrived at the c onclusion that the arrangement between the mother and daughter was domestic in nature and therefore it can be presumed that it was not intended to be enforced by the law. Similarly in this case also, it has to be seen if the promise according to which Richard's father had agreed to pay $200 per week to Richard if he mowed the front and back yards of the property. It also needs to be mentioned at this point that Richard's father had been paying $350 to a garden contractor for the upkeep of the family's property. Later on Richard's father declined to pay the above said amount, and said that as a member of the family it was the responsibility of Richard to look after their property. Richard's father also said that due to the reason that Richard got free board and lodging, Richard should do the work for free. In this case, it is a family arrangement between father and son and as a result can be presumed that the parties are not have the intention of entering into legal relations. As there is no evidence presented by this presumption, it can be said that which it cannot legally enforce the promise made by his father. In his question, Frere Bros have entered into an agreement with the famous film star Joe. According to this contract, Joe agreed to work only in the films being made by Frere Bros during the period of the contract. Although this contract was for five years, in the first year of the contract itself, Joe agreed to work in the film that was being made by Pretty Pictures. Now, Frere Bros. want to know if any remedies are available to them as a result of the breach of contract that Joe is going to commit. In this context, the law contract provides certain remedies to a party to the contract if a breach of contract has taken place on part of the other party. Therefore the main remedies that are available under the contract law to the innocent party include remedies of damages, intention and specific performance. However the remedy of damages can be claimed by the innocent party in case of a breach of contract as a matter of right but remedies of specific performance and specific performance can be granted only at the discretion of the court (Collins, 2003). The result is that whenever there is a breach of contract, and the innocent party has suffered a loss or injury as a result of such grief, the party can claim damages as a matter of right. In this regard, he needs to be mentioned that the damages awarded by the court can be substantial or nominal. The nominal damages awarded by the court when the innocent party has not suffered any significant loss due to the breach of contract (McK endrick, 2009). But when the innocent party has suffered a substantial loss or injury, the court may decide to the substantial damages as the monetary damages. However, substantial damages can be claimed by the innocent party if such a party is in a position to establish that the loss suffered innocent party was the result of such a breach. At the same time, a defense is available to the other party which may claim that reasonable steps are not taken by the innocent party to mitigate the loss. Apart from the remedy of damages, in some cases, the court may also decide to what the remedy of specific performance. At this point it is worth mentioning that it is the discretion of the court to grant the remedy of specific performance. However when the relief of specific performance has been granted by the court, an order is made by the court according to which the other party has to perform its obligations that it was required to perform under the contract. Likewise, the court orders the grant of the remedy of specific performance generally in cases where adequate relief may not be provided by an order of damages. An example of such a situation can be given of the case where the contract has a unique subject matter (Falcke v Gray, 1859). Due to the reason if a replacement can be found of the subject matter of the contract, even if it may take a long time, generally the relief of specific performance will not be awarded by the courts. According to the common law rules that are related with the relief of specific performance, this release will not be awarded by the courts if constant supervision of the court may be required for a considerable period or if the obligations of the parties and the contract have not been mentioned clearly. Hence in Co-op Insurance v Argyll Stores (1997), it was the decision of the court that an order of specific performance cannot be made according to which the shop should be kept open during the normal business hours because it will require constant supervision from the court in order to enforce the order. Apart from these two remedies, in some cases the court may decide to grant an injunction that there has been a breach of contract. However like the media specific performance, an injunction is also an equitable remedy. Consequently, it is the discretion of the court to grant this remedy or not in a particular case. However the court may decide to grant the remedy of injunction only if adequate relief will not be provided to the innocent party by an order of damages for the purpose of compensating the innocent party as in such case, the innocent party wants to prevent the defendant from breaching its contractual obligation (Peel and Treitel, 2011). Therefore in such cases, the court may grant prohibitory injunction or it may order a mandatory injunction. For the purpose of deciding if an injunction should be granted in a particular case, there are certain factors that have to be considered by the court. These factors are the same that need to be considered before making an order of sp ecific performance. For this purpose, the test of balance of convenience is used by the courts. In this test, the court considers it the benefit provided to the injured party outweighs the detriment that will be suffered by the other party. In this way, the contract law provides that an injunction will not be granted by the court if it will result in compelling the other party to do something that cannot be asked to do by a decree of specific performance. On the other hand, if there is an emergency involved, the court may grant an interim injunction according to which the other party will be restrained from acting. Therefore in the present case also, the most adequately remedy that may be claimed by Frere Bros will be the remedy of injunction. According to this remedy, Joe can be prevented from breaching the contract and acting in the film of Pretty Pictures. References Atiyah, P.S. 2000 An Introduction to the Law of Contract, Clarendon Beatson, J. Burrows A. and Cartwright, J. 2010 Anson's Law of Contract, 29th edn OUP Collins, H. 2003, Contract Law in Context 4th edn CUP McKendrick, E. 2009 Contract Law 8th edn Palgrave Peel E and Treitel, G.H. 2011, Treitel on the Law of Contract, 13th edn Sweet and Maxwell Case Law Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd. Supreme Court of New South Wales [1989] 2 NSWLR 309 Balfour v Balfour [1919] 2 KB 571) Co-op Insurance v Argyll Stores ([1997] 3 All ER 297 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Falcke v Gray ([1859] 4 Drew 651 Jones v Padavatton [1969] 2 All ER 616