Saturday, December 28, 2019

Ethical and Legal Debates on Assisted Suicide and...

One of the greatest miracles in life, is life itself, but where is life there’s death. So as unexpected as life is shall death be the same, or can we choose on how we leave this earth. Over the years, the laws and ethical consternation regarding the debatable subject of euthanasia and assisted suicide, have been questioned frequently by society. Though the question may never be answered between euthanasia and assisted suicide being right or wrong, the fact of the matter is that people are still choosing their fate. In America, euthanasia refers to a person knowingly, and purposely taking another persons life, or in a more factual meaning killing someone who in fact couldn’t kill himself. Euthanasia also known as â€Å"mercy killing† is in†¦show more content†¦Which would grant the patient death by natural causes. Whether your for or against euthanasia or assisted suicide, one major part between life and death is the cost of living. The price for End-of-Life care and life support has skyrocket over the past few years because of technology. Although technology has improved over the years on sustaining life, it has not been proving to cure certain illness, and the cost of certain machines can well but medical bills in the thousands. In the United States alone, millions of people have no medical insurance, and the elderly, the poor and minorities are often denied adequate treatment thats needed. Even doctors are being forced by HMOs to lower the care for patients who cant afford it. Drugs for assisted suicide cost on an average of $75 to $100, which makes them far less expensive than supplying medical care. However, it’s the patient that makes the ultimate decision between suffering with disease, or accepting euthanasia/ assisted suicide. A person has the right to die with dignity, and since there is many successful cases of assisted suicide a patient can only feel confident on making a big decision. For example the death of P. Matheny was widely known as a successful assisted suicide. P. Matheny was 43 and had suffered Lou Gehrigs disease. For several months, Matheny struggled with a decision on ending his life using a lethalShow MoreRelatedThe Ethical Dilemmas Of Euthanasia Essay1638 Words   |  7 PagesThe Ethical Dilemmas of Euthanasia in Canada with the Legalization of Physician-Assisted Suicide This systematic analysis of the professional literature will explore the ethical dilemmas that Canadian medical professionals face while considering euthanasia or physician-assisted suicide, the latter of which was made legal in Canada on June 17, 2016 (Chochinov and Frazee, 2016). This paper will discusses the conflicts that healthcare professionals are faced with when looking at the quality of lifeRead MoreCritical Reflection : The Euthanasia Debate1652 Words   |  7 PagesReflection: The Euthanasia Debate Medical advancements and improved living conditions worldwide have increased the life span of our population (U.S. Department of State, 2015). As a result, many individuals are now living with degenerative or chronic ailments that require increased support (Vissers et al., 2013). Unfortunately, these illnesses often come with a â€Å"diminished quality of life† (Butler, Tiedemann, Nicol, Valiquet, 2013). These issues have brought forth the euthanasia debate, which posesRead MorePhysician Assisted Suicide1418 Words   |  6 Pagespatient’s hope is gone. Many argue that euthanasia is not ethical, but is it really ethical to let someone live in constant, horrifying pain and agony? While in some cases having the right to die might result in patients giving up on life, physician-assisted suicide should be legalized in all fifty states for terminally ill patients with worsening or unbearable pain. What is physician-assisted suicide? â€Å"Suicide is the act of taking ones own life. In assisted suicide, the means to end a patient’s lifeRead MorePHI 103 Final1311 Words   |  6 Pagesï » ¿ Should Physician-Assisted Suicide Be Legal? Eileen K. Cordova PHI 103 Instuctor James Hardy July 11, 2013 SHOULD PHYSICIAN ASSISTED SUICIDE BE LEGAL Physician-assisted suicide has been a controversial topic for over a decade now. In today’s society, physician-assisted suicide brings so many ehtical questions as such, who is the true owner of our lives? Should releiving pain and suffering always be the highest priority, or does it occure for a reason?Read MoreAssisted Suicide : A Controversial Subject1224 Words   |  5 Pages11/20/2014 Assisted suicide is a controversial subject that welcomes death over life and presents many ethical dilemmas. We are frequently confronted with situations that raise ethical and moral questioning in our lifetimes. Traumatic events, as witnessed in the cases of Terri Schiavo, Brittany Maynard and Dax Cowart, often leave an impression on one s mortality and fate. Decisions may leave us questioning our moral, ethical, and spiritual beliefs. This report will address the ethical implicationsRead MoreResearching Physician Assisted Suicide801 Words   |  3 PagesEuthanasia Euthanasia, or physician assisted suicide, is an important and controversial topic in our society today, and (under the correct conditions) should both be considered legal and morally acceptable. In fact, throughout history euthanasia has been a debate in many countries, some areas accepting the practice, whereas others find it unacceptable. Many people and professionals continue to refer to the Hippocratic Oath, an vow stating the proper conduct for doctors, and its famous wordsRead MoreEuthanasia and Assisted Suicide1645 Words   |  7 PagesEuthanasia and physician-assisted suicide are actions at the core of what it means to be human - the moral and ethical actions that make us who we are, or who we ought to be. Euthanasia, a subject known in the twenty-first century, is subject to many discussions about ethical permissibility, which date back to as far as ancient Greece and Rome. It was not until the Hippocratic School removed the practice of euthanasia and assisted suicide f rom medical practice. Euthanasia in itself raises manyRead MoreMovie Analysis : Million Dollar Baby1273 Words   |  6 Pagess a sin if he helps her commit suicide. He understands that she is suffering and even keeping her alive is killing her. Ultimately, Frankie goes to Maggie s hospital room, take her off mechanical ventilation and injects her with adrenaline to end her life. This movie deals with the ethical issues of euthanasia and assisted suicide for people with disabilities or debilitating disease. According to Merriam-webster dictionary, the legal definition of euthanasia is the act or practice of killingRead MoreEthics of Euthanasia Essay1475 Words   |  6 Pagesthis hardship, even if that relief is suicide. Euthanasia or assisted suicide is where a physician would give a patient an aid in dying. â€Å"Assisted suicide is a controversial medical and ethical issue based on the question of whether, in certain situations, Medical practioners should be allowed to help patients actively determine the time and circumstances of their death† (Lee). â€Å"Arguments for and against assisted suicide (sometimes called the â€Å"right to die† debate) are complicated by the fact that theyRead MoreEuthanasia, And Physician Assisted Suicide863 Words   |  4 Pagescauses debate on moral, ethical and legal grounds. This has led to defining the process under two separate terms for legal purposes. They are: euthanasia, and physician assisted suicide. Internationally, assist ed suicide is a doctor prescribing drugs that end life. The patient is responsible for taking them. Euthanasia is the medication administered by doctors. Today, four countries have laws that allow euthanasia. (Ellis and Bronwyn) A few have laws for physician assisted suicide, and several

Friday, December 20, 2019

Leadership And Leadership Development An Effective...

In this course, Leadership Development, I have gained a better understanding of the fundamentals requires to be an effective leader and my leadership skills. Leadership has a complex meaning. Many definitions of leadership have been identified; Rost says, â€Å"In leadership literature, more than 100 different definitions have been identified† (Rost, 1991, P.1). Leadership to me is the influence an individual has over a group of people as the leader encourages them to work towards a common goal. Being a leader is not a task that everyone was born to do. It is a skill that can be improved over time. To be an effective leader, you have to be able to gain the trust of others and motivate them to achieve a goal. You have to identify the areas/skills you excel in and area/skills you need improvement in. You have to identify and practice your leadership skills that you are your strengths and weaknesses. According to the book, strength, â€Å"Is an attribute or quality of an individ ual that accounts for successful performance† (P. 50). Weaknesses are something you are not good at and results in poor performance, â€Å"Are our limiting attributes† (P. 60). As a developing leader, I have been able to identify areas and skills that are my strengths and weaknesses; along with my weakest skill and area, from taking the assigned assessments, and feedback from others who took an assessment about me to help foster my leadership development plan in becoming a better leader. After carefully analyzing theShow MoreRelatedLeadership And Leadership Development Programs839 Words   |  4 PagesLeadership development is defined as formal and informal training and professional development programs designed for all management and executive-level employees to assist in developing the required leadership skills and styles to deal with a variety of situations (Human Resources, 2011). A lack of effective leadership development programs usually comes from organization s thinking that senior managers need continuous training and development. However, great leadership development is essential toRead MoreThe 7 Habits Of Highly Effective People Essay1468 Words   |  6 PagesLeadership is a process whereby an individual influences a group of individuals to achieve a common goal. The texts that I read in courses throughout the program influenced me greatly. One of my favorite texts was Covey’s, The 7 Habits of Highly Effective people. Ever since, I have been working on those habits and have found them to be very effective in my leadership role. The 7 Habits of Highly Effective People (Covey, 2004), the author discussed how effective leaders habits lead to grow from dependenceRead MoreLeadership Development : A Strategic Approach820 Words   |  4 PagesFuture Leadership Development Consequently, leadership development requires that organizations take a strategic approach such as coaching, training programs, mentoring, and/or virtual learning. A critical analysis and evaluation of what I learned regarding leadership development is that organizations must evaluate organizational needs and individual skills and competencies; assess an individual readiness to learn; create performance measures and evaluation criteria to measure training and learningRead MoreWhat Makes A Successful Nurse Leader?1624 Words   |  7 Pagessuccessful nurse leader? Many people have different ideas on what makes a leader successful. The professional nurse leader is someone who is looked up to and admired. Most nurses are leaders already without even knowing it. With the proper preparation and guidance, all nurses have the potential to be great leaders and managers. Manager vs. leader The terms manager and leader are often used interchangeably, but in reality they possess very different qualities. It can be said that leaders need to haveRead MoreLeadership Is A Construct Used To Define The Relationship1725 Words   |  7 PagesLeadership is a construct used to define the relationship between leaders and followers including the skills and behaviors that make an effective leader. Transformational leadership is an approach to leadership that focuses on the emotional and social interaction with followers; it is categorized as being influential, inspirational, and intellectually stimulating. (PSU, L1, P5.). Transformational leadership is the desired approach to being an effective leader. Like any skill, the way to obtainRead MoreLeadership Goals And Objectives Of Leadership Development844 Words   |  4 Pagesperiod of competitiveness and success is contingent on its ability to develop effective and vibrant leaders. Many researchers as well as top level executive s, recognize the fact that there is a lagging in developing new and current leaders who have the appropriate knowledge, skills, and abilities needed to assume positions of leadership. It is critical for organizations to create a continuous line of future, and current leaders that know how to effectively lead and carry out the missions of their businessesRead MoreReflection On Leadership Assessment And Skills Development1077 Words   |  5 Pages Reflection on Leadership Assessment and Skills Development Yu Xiao OTD 24 Rocky Mountain University of Health Professionals Refection on Leadership Assessment and Skills Development I have completed the â€Å"How Good Are Your Leadership Skills?† (Manktelow the Mind Tools Team, 1996-2015) for analyzing my performance skills in specific areas of leadership and exploring the action plan that would lead to further development of my skills. My total score was 70,Read MoreLeadership Theories: Learning About Transformational Leadership and Authentic Leadership1470 Words   |  6 Pagesand a Leader in the United States Army, I found this class not only to be very informative, but very useful for future practice and application. Through the myriad of different leadership theories and approaches, I have developed a better understanding of the historical, political, social, cultural, psychological, and organizational contexts in which leadership occurs. I am knowledgeable on several ways to identify personnel who may be make for better leaders using the Trait Approach, Skills ApproachRead MorePersonal Statement On Self Confidence1099 Words   |  5 Pageslearnt at university, to plan out my vision before expressing it. This will help others buy in to my vision. To do this, I will need to improve my self-confidence. Self-confidence is an important characteristic of successful leaders. Cavallo and Brienza (2006) explain that self-confidence assists in the imaging process. Having self-confidence not only helps, when and how well you explain your vision, but, can help in developing an advanced vision (Sosik Dinger, 2007). Sosik and Dinger (2007)Read MoreRelationship Between Transformational And Transformational Leadership1403 Words   |  6 Pagestheories of leadership are aligned with my personal development plan because the Multifactorial Leadership Questionnaire (MLQ) test result shown me high score on the leadership characters, which, indicate that I have charismatic and inspirational leadership qualities. Next, test scores suggestive of individualized consideration (role modelling), intellectual stimulation (assumptions solutions), and contingent (creating opportunity). When I understood the transformational leadership theory, then

Thursday, December 12, 2019

Class Actions and Duplicative Litigation System

Question: Discuss about the Class Actions and Duplicative Litigation System. Answer: Introduction: The lawsuits in which a group of people collectively come together to commence the claims against a different person is known as the Class action. One among the other members of the whole group represents such group in a collective and united manner. As usual, the plaintiff takes legal action against the defendants in a class action on the behalf of the collective group that also considers the people not present during the occasion of litigation (Anderson and Trask 2012). Therefore, this is an individual point towards the key differentiation in a normal court case and a class action, as in the former case, the parties have an obligation of being present physically at the same time as the legal actions are continued. The laws of each state describe the method, which governs and deals with a class action. However, in general, the class action group fit in for the individuals that are being injured in the similar and identical way, by the similar defendant. Therefore, as an alternative to the initializing of the different dealings for a comparable matter, the class action assists the persons that are in the right position to that class action in an unaccompanied lawsuit and the same make a decision upon the claimed injury (Eisenberg 2016). All the way through the evaluation of the connection amid an employer and an employee, a class action may perhaps be avoided, if such a appraisal is being performed in a periodical manner. The engineers have an ability to gain benefits from the class actions for the avoidance of the concern, which have a claim against them. Even though, in case of a class action, one of the harmed parties can be proved erroneous, the establishment of the complete class action can be shuddering (Sherman 2017). Therefore, the actions can have a conclusion and ending easily, without any harassment. In addition, there can be a reduction in the damages alleged through such class actions. Class actions also have an ability of the unification of the indemnity to be compensated, and for this reason avoiding the litigations that have a duplicative nature. The problem, which has been lifted up in the preceding litigations not in favor of the company, or against another association, can have a use as a leading beam for treating the current action, next to the taking of the precautions to avoid future claims (Johnson 2013). In the case of Matthews v AusNet Electricity Services Pty Ltd Ors [2014] VSC 663, the class action was brought against SPI. SPI i.e. Electricity Services Pty Ltd was formerly known as the SPI Electricity Pty Ltd. The case was against UAM i.e. the contractor of maintenance who had the accountability of the periodical examination of the power line up and against the State parties. The State parties comprised of the diverse units that fitted into the State of Victoria and as they were obliged of combating of the fires, administration of the forest land and keeping a watch over of the emergencies (Australasian Legal Information Institute 2014). At this time, a series of individuals can draw closer for the initiation of the class actions in opposition to the parties highlighted in the cases above. Leo Keane was the one who took an initiative of bringing up the class action although, soon after on, the claimant was replaced with Carol Ann Matthews. Mathews made the class action that was on behalf of those considered in the summarization underneath: The people who had claimed for an individual injury; The people who had gone through a monetary loss, that had no dues to the harm caused to their possessions or for the damage caused to those persons; As per the Part 3 of the Wrongs Act 1958, the individuals who were dead owing to fire; and The persons who went through a loss or injury towards their property (State Government of Victoria 2014) In the case quoted above, there was a completion to the significance of approximately an amount of $500 million had been achieved although, any one of the parties under the case did not acknowledge the legal responsibility involved. On the other hand, this did not mean that there was no accountability in the given case. There is a tough base for the acknowledgment of legal responsibility for the damages, which resulted from the bushfires of the Black Saturday (Farnsworth 2016). These have a nature of carelessness and negligence of pure monetary loss. The base of these laws has been highlighted before the application of the above in the given case below: Carelessness or negligence is one among the torts in the country, Australia. Underneath negligence, an entity is indebted towards a responsibility of care towards one another and there is a contravention of the duty, which has consequences in causing harm or injury to the other person (Turner 2013). In order to get an establishment of a case of casualness, there must be a clear establishment of the obligation of care. This has to be followed by a contravention of the duty of concern and the violation has a result in an injury or damage. The above constitute the indispensable elements of negligence, devoid of which a case of negligence is unattainable (Greene 2013). The validation in the wake of negligence is the affixation of a commitment of care on populace carrying on some doings, which can cause a risk that would result in an injury to the other person. However, the cause between the injury and the casualness must have a direct connection. The damage caused need to have a substantial nature and cannot be too small. Finally yet importantly, there must be an ability of foreseeing the risks and hazards, to establish a breach of duty of concern and care (Latimer 2012). The case of the snail in the bottle also known as the case Donoghue v Stevenson [1932] UKHL 100 is a leading example of negligence and its arguments. In the case mentioned above, Donoghue who was the end user had drunk the ginger beer from the bottle produced by Stevenson. After drinking the beer, he fell ill which was a result of the snail found dead in the bottle. The producer held that the plaintiff should sue the caf owner as he had served the bottle and not the producer himself. The cafe was located in Paisley, Renfrewshire but the court apprehended and held that the producer company has an obligation towards the maintenance of the duty of concern to its clients and therefore, had to pay required compensation Donoghue for her losses that were a result of negligence on the part of the producer (Kelly et al. 2014). A comparable observation was in use in the case of the Grant v The Australian Knitting Mills [1935] UKPC 2, where the producer company had an obligation to reimburse Grant for the resultant dermatitis towards the negligence of the defendant in the production of the woolen underpants (Australasian Legal Information Institute, 2014). In the above-mentioned case study, the neglected scenario was applied through the legal legislation of the Wrongs Act 1958. Section 48 of the given act has a covering of the essential ideologies connected with the negligence. The section also commands that the threat or risk has to be expected or predictable. As per the section 49 of the given act, the load of taking safety measures is determined through the information of evasion of the risk of damage, in addition to the acts succeeding and those which could have been undertaken to diminish the risk of injury (Australasian Legal Information Institute, 2014). In the given case, the claimant had to ascertain the negligence of SPI and the burden of establishing the same had been placed on the applicant under section 52 of the Act. It was based on the stability of likelihood in addition to the relevant particulars that were considerable to the problem of the occurrences (Australasian Legal Information Institute, 2014). SPI had successfully proved that there was an existence of genuine risk of collapse related to the planned assessment. For SPI, the negligence had been claimed about the trouble in lawful sense, the asset managing, the re-closer of the oil-operated circuit, the damper under target, and the administration of electricity. As per Osborn J, SPI had to have well-known concerning the probable risks (State Government of Victoria, 2014). In the event of undertaking of pre fire scheduled inspection, there was failure in applying due skill and care. Inspection was done before the occurring the fire and last occurred until February in the year 2008. Therefore, it can be said that for both the parties, negligence forms the basis of legal actions (Bender 2015). In the previous part, fixing of the legal liability of negligence was highlighted was fixed over SPI and UAM. Consequence of such incident was rising of the class actions by individual. Nonetheless, recovery is imposed with several limits and it is about different individual class. These individuals are those whom damage has been caused and refereed earlier. Claims resulting from the negligence leads to economic loss and limitations are limited to such claims. Economic loss that is suffered and borne by single individual is related to negligent pure economic loss. Such loss does not arise from the physical injury that is caused to individuals. The loss is attributable to the economic loss caused to an individual. Individuals who lost their income-gaining source or livelihood forma the part of class action that is highlighted above (Chow and Chan 2014). Principle of pure economic loss would be applied under the incident that resulted from fire. The recovery rule is not possible to apply in the event of establishing this principle. Rylands v Fletcher (1868) LR 3 HL 330, [1868] UKHL 1 forms the basis for this rule. Under this rule, it is held by judges that something that cannot be covered as established in the given case is economic loss. Under the given case, the construction of reservoir was done on land that was abandoned. Defendant owned the reservoir and he made se his land for constructing purpose. Mine was disused and reservoir was placed on that mine. Filtering of water from reservoir was done through the mine that was not used and eventually it was scattered over the area of working mine. The plaintiff owned the area of working mine. The mining area owned by plaintiff suffered from extensive damage. Using the land in non-natural way by defendant rather than causing the economic loss was the reason that he was held solely and legally responsible. The same principle can be established in another case and the case was Weller v Foot and Mouth Disease Research Institute [1966] 1 QB 56. The case was about the eruption of virus in the premises of defendant and such virus infected the cattle of plaintiff. The resultant affect was that cattle were infected and were unable to sell in the market and could not get the price. In this case, plaintiff was regarded as auctioneer and there was loss in the profit. It was highlighted by plaintiff that selling the cattle would have given them profitable amount, had the virus would have not entered. However, the claims put forward by plaintiff resulted in pre economic loss and it was not possible to recover such amount (McDermott Will Emery 2007). Therefore, it can be concluded on the basis of above two cases that is Weller v Foot and Mouth Disease Research Institute [1966] 1 QB 56 and Rylands v Fletcher (1868) LR 3 HL 330, [1868] UKHL 1, the individuals in the class actions would not be able to claim damages and have restrictions in doing so (Lenz 2015). The reason attributable to this is that it has resulted in pre economic losses. In this case, it is possible to deal with the claims that has aroused due to negligence that has been done against any organization. The case concerning Matthews v AusNet Electricity Services Pty Ltd Ors provides the basis of example for claim management resulting from negligence. An opportunity concerning with the limitation of exposure regarding the claims of negligence is also depicted in the given case (Thompson 2016). An organization should keep about updating the claims concerning precedents in order to evade the chances of claims that is being raised against them. Judges takes the decisions regarding precedents. They are regarded as the order of court that has been decided in the court of law and related to some other case. It is necessary to take care of established precedents in addition to precedents. This can be done at the same time when the actions for avoiding the claims of negligence that has been raised are undertaken. In addition to this, it is possible to become reliable on such cases, once the case of negligence has been used. This is so because, it is acceptable fact that precedents would always support their side for the purpose of establishment of their side of story. In order to depict the case for using it in a particular case, it becomes essential to establish and discuss some of the cases related to Mathews (Higgs et al. 2016). The elaboration of such cases is shown below: In this case of there was an explosion resulting from the negligence and carelessness in maintain the plant by defendant. The case is Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2003] VSC 27. In the Court of South Victoria, Esso was defendant against whom plaintiff initiated the case. Majority of the cases in this area was mainly concerned with the pure economic loss. This particular case presented in providing the judgment was identical to Donoghue v Stevenson. This was done in addition to Grant v Australian Knitting Mills. Esso upon which the similarity was drawn owed a duty of care to consumers. This resulted in the damaging of property and was because of stopping of the gas. For such economic loss, the statutory framework cannot be put on duty on Esso because of such economic loss (Sharma and Bhatnagar 2014). Therefore, it was held that the economic loss duty was not owed to Gillard J held by Esso. Another case was about the question that was raised concerning the builder of commercial building or architect liability before the high court. Question was raised regarding the succeeding purchaser of such building. The question was about the defect in the construction or designing of the building. The subsequent purchaser of the building resulted in economic loss. A landmark decision was given by high court and in such case, liability of architect or builder was denied in the judgment. The builder or architect working in the current scenario can use this case, where the subsequent claims would be raised against the purchaser (Harvey and Marston 2012). Another case is of Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. In this case, plaintiff was General Jones and property named under him in the building that belonged to a person named Burnie. Burnie was a named defendant and the work of him was carried under few independent contractors. Building was burned because it caught fire and this was result of negligence of the contractors. Property of plaintiff was destroyed because of this happening. The rule given under Rylands v Fletcher was abolished by high court under the case. Giving away of the liability resulting in the economic loss was given by using of Burnie Port Authority v General Jones Pty Ltd. It is highlighted in the previous section that the individual can claim damages for which they have denied the recovery (Grave et al. 2012).Therefore, it is clearly depicted that each case presented can be used for disadvantage and advantage to be used in the particular case. Hence, through the established cases, th e companies are capable of paying heeds. It can also be done through which company can do the cancellation of claims. This is mainly in regard with another party. There is a need to comply with the code of ethics by engineers in Australia. It is in relation with the field knowledge and experience and this is referred to as Engineers Australia code of ethics. Four core areas are forms the basis of segmentation of the code. This will help the engineers in demonstrating and practicing competently, integrity, exercising leadership and promoting sustainability. Claim of negligence is barred in successful manner and code of ethics acting as standard (Engineers Australia 2015). Engineers are expected to be honest and trustworthy in their work, showing respect of dignity to others and they are required to conscience that is well informed. They should learn more by maintaining professional competence. The needs of stakeholders should be recognized along with the needs of future generation. It would help in act avoidance resulting in injury or harm. In addition to the above, the steps taken for avoiding the occurrence of such incidents are ensured (Engineers Australia 2015). There are chances of claims that are raised for the cause of negligence despite the practicing of code of ethics by engineers. Capability of engineers and the human nature determines the adherence to code of ethics by engineers. It is certainly possible for engineers to breach the claim resulting from negligence (Levinson et al. 2013). References: Anderson, B., and Trask, A. (2012) The Class Action Playbook. Oxford: Oxford University Press. Australasian Legal Information Institute. (2014) Matthews v AusNet Electricity Services Pty Ltd Ors [2014] VSC 663 (23 December 2014). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2014/663.html?stem=0synonyms=0query=title(Matthews%20and%25 Bender, M., 2015. Construction Law. Chow, K.F. and Chan ChuenFye, P., 2014. Building and construction law.Singapore Academy of Law Annual Review of Singapore Cases, (2014), p.102. Eisenberg, J.N. (2016) Litigating Securities Class Actions. New York: LexisNexis. Engineers Australia. (2015) The Ethical Engineer. [Online] Engineers Australia. Available from: https://www.engineersaustralia.org.au/portal/news/ethical-engineer Farnsworth, S. (2016) Black Saturday bushfires: Victims to get compensation payouts before Christmas. [Online] ABC News. Available from: https://www.abc.net.au/news/2016-12-07/black-saturday-bushfire-survivors-to-receive-payout-christmas/8099322 Grave, D.B., Adams, K., and Betts, J. (2012) Class Actions in Australia. Sydney: Thomson Reuters (Professional) Australia. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. Harvey, B., and Marston, J. (2012) Cases and Commentary on Tort. 6thed. New York: Oxford University Press. Higgs, N., Jackson, S., Minogue, A., Bishop, F., Kirkham, K. and Wild, J., 2016. Construction Law Quarterly.Proceedings of the Institution of Civil Engineers-Management, Procurement and Law,169(6), pp.258-265. Johnson, E. (2013) To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States [3 volumes]: The Past and Future of Civil Legal Aid in the United States. California: ABC-CLIO. Kelly, D., Hammer, R., and Hendy, J. (2014) Business Law. 2nd ed. Oxon: Routledge. Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Legal Information Institute. (2017) Precedent. [Online] Legal Information Institute. Available from: https://www.law.cornell.edu/wex/precedent Lenz, C.H., 2015. International Construction Arbitration Law, by Jane Jenkins. Levinson, S., Woodruff, P. and Parker, J. eds., 2013.Loyalty: NOMOS LIV(Vol. 54). NYU Press. Mason, J., 2016.Construction law: From beginner to practitioner. Routledge. McDermott Will Emery. (2007) Defending Against Class and Collective Employee Actions. [Online] McDermott Will Emery. Available from: https://files.mwe.com/info/news/wp0207a.pdf Sharma, D. and Bhatnagar, P., 2014. Risk Allocation Subsequent Legal Issues in Construction Contracts. Sherman, E.F. (2017) Class Actions and Duplicative Litigation. [Online] Maurer School of Law: Indiana University. Available from: https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2066context=ilj State Government of Victoria. (2014) In The Supreme Court Of Victoria. [Online] State Government of Victoria. Available from: https://assets.justice.vic.gov.au/supreme/resources/5009fd2c-2fe2-4f69-b422-96bf249c6c6a/reasons+of+justice+osborn+for+judgment+given+on+23+december+2014.pdf Thompson, P., 2016. FIDIC: correct contract selection: construction law-contracts.Without Prejudice,16(4), pp.21-22. Turner, C. (2013) Unlocking Torts. 3rd ed. Oxon: Routledge.

Wednesday, December 4, 2019

Speech Codes On College Campuses Essay Research free essay sample

Speech Codes On College Campuses Essay, Research Paper # 8220 ; Congress shall do no jurisprudence esteeming an constitution of faith, or forbiding the free exercising thereof ; or foreshortening the freedom of address, of the imperativeness ; or the right of the people pacifically to piece, and to petition the authorities for the damages of grievances. # 8221 ; This is the First amendment, perchance the most powerful words in American history because it guarantees American citizens their natural rights, under the supreme jurisprudence of the land. Our First amendment gives us the freedom of faith, peaceable assembly, address and imperativeness. With this simple amendment, # 8220 ; people can talk their innermost ideas without fright or shame # 8221 ; ( Hemmer 2 ) . But, what if this glorious right causes other people fear or dishonor? The Constitution limits how public universities and colleges may penalize pupils for what they say ( Burns et. Al. 75 ) . As a broad and a political scientific discipline major, I believe to the full i n our constitutional rights. We will write a custom essay sample on Speech Codes On College Campuses Essay Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I believe # 8220 ; free address is indispensable in the hunt for truth # 8221 ; ( Hemmer 2 ) . Although after reading Nat Hentoff # 8217 ; s essay # 8220 ; Speech Codes on the Campus and the Problems of Free Speech, # 8221 ; I have begun to inquire, like so many others, is # 8220 ; censoring is O.K. provided your motivations are all right # 8221 ; ( Hirschberg 283 ) . Without address codifications on college campuses, minorities, adult females, and homosexuals have been at the having terminal of changeless torment. Before doing the opinion of whether or non at that place should non be speech codifications on college campuses, I need to inquire a couple inquiries. Why is free address so of import on college campuses? Free address is so of import because universities thrive on a changeless discourse of opposing thoughts. I, like many other college pupils, have learned more from my fellow pupils than I have from any of my teachers. Our society and, in peculiar, higher instruction has flourished because free address # 8220 ; produces an ambiance where new thoughts invariably challenge older 1s # 8221 ; ( Hemmer 2 ) . The singularity of universities is that they provide an ocean of thoughts, synchronized and conflicting. # 8220 ; Free address is non merely the personal right of persons to hold their say ; it is besides the right of the remainder of us to hear them, # 8221 ; and react to them ( Burns et al. 72 ) . As a pupil, a citizen, and a adult female, it is my right to portion thoughts. I want the right to go educated with the aid of other people # 8217 ; s thoughts, but I won # 8217 ; T use my right to liberate address to deliberately h arm anyone else. Unfortunately, non everyone else thinks this manner. Some pupils take advantage of their First Amendment right and utilize it to harm others. These pupils are the ground why the Supreme Court and many university boards across the state are debating address codifications. Speech codifications arose in the late 1980 # 8217 ; s when most campuses around the state had already been diversified. Students found themselves sharing categories, residence halls and activities with many people who differed from them in race, faith, sexual orientation, socio-economic category and ethnicity. Unfortunately, this diverseness besides produced incidents where pupils and module expressed personal biass openly. Equally shortly as instances of verbal torment started doing their manner into the tribunals and onto newspaper pages, college decision makers started to invent ways to set a halt to the contention. A simple solution was speech codifications, but are they Constitutional ( Golding 5 ) ? In the terminal, the solution was non that simple. Since the chief rule of the First Amendment applies straight to public establishments, it has been hard for many universities to go through address codifications and still remain constitutional ( Golding 3 ) . Since the lone address that is non protected by the Constitution is obscene address and terrorist onslaughts, college decision makers came up with three basic theoretical accounts of codifications: the emotional hurt theory, the nondiscrimination/harassment option and the # 8220 ; contending words # 8221 ; attack. The University of Texas at Austin made racial torment punishable by suspension or ejection. They defined racial torment as # 8220 ; extreme or hideous Acts of the Apostless or communications that are intended to hassle, intimidate or mortify a pupil on history of race, colour or national beginning that unreasonably cause them to endure terrible emotional emphasis # 8221 ; ( Golding 2 ) . The University of Massachu setts instated another codification that is more normally used. This codification makes any signifier of verbal or physical torment punishable. A group or single violates the codification if they # 8220 ; ? Kdiscriminatorily alters the conditions for engagement in the activities of the university, on the footing of race, colour, and national or cultural beginning # 8221 ; ( Golding 2 ) . The # 8220 ; contending words # 8221 ; attack has been used at many universities, but the first was the University of California. Contending words are # 8220 ; ? Kpersonally opprobrious names inherently likely to arouse a violent reaction. # 8221 ; Making a # 8220 ; hostile or intimidating educational environment # 8221 ; besides constitutes torment ( Golding 2 ) . This attack, when used to protect a specific person, is normally the best pick. It has been noted and used by the authorities to seek and # 8220 ; ? Kpunish certain chiseled and narrowly limited categories of address that by thei r very utterance inflict hurt or be given to motivate an immediate breach of peace # 8221 ; ( Burns 83 ) . Even with these codifications in topographic point on many campuses around the state and with the many protagonists of address codifications, they have many more oppositions. The Supreme Court has systematically ruled against address codifications. In the United States v. Eichman, Justice Brennan of the Supreme Court said, # 8220 ; If there is a bedrock chief underlying the First Amendment, it is that the Government may non forbid the look of an thought merely because society finds the thought offense or disagreeable. # 8221 ; ? x This instance did non straight refer to free address but it does put down precisely how the Supreme Court views freedom of look and the First Amendment. Even though the First Amendment clearly denies Congress the privile Ge to go through a jurisprudence foreshortening freedom of address, our rights are slightly limited. As citizens, we have the right to beliefs, action and address, but these rights are all regulated otherwise. The authorities does non hold the power to penalize a individual for their beliefs, no affair what they are. Action on the other manus, is wholly different. We have the right to take action, but that right Michigans when the action is? ? set downing a fist at another’s nose.’ Where to pull the regulative line on both of these rights is clear. The line gets fuzzy when you exercise your right of address. Speech stands someplace â€Å"between belief and action† ( Burns et al. 73 ) . Unprotected address is libel, lewdness, erotica, contending words and incendiary address. Even with the contention of what falls into this class and what does non, if a pupil is non separately singled out and harassed, they have no instance. Normally, the victim is protected if the ir name is used in concurrence of aggressive, harmful or racially stimulating address or imperativeness. For illustration, a group of adult females in a feminist art category distributed postings with the names of 50 work forces, chosen at random from a directory, under the header, â€Å"Notice: These work forces are possible rapists† ( Golding 6 ) . If any of the work forces would hold decided to take legal action against the adult females, they would hold had a really good instance since their names were given without any cogent evidence of what was being said was true. In Nina Wu’s instance, the state of affairs was much different. Wu, a pupil at the University of Connecticut was charged with go againsting the pupil behaviour codification. The behavior codification prohibits â€Å"posting or publicizing publically violative, indecorous, or opprobrious affair refering persons.† She posted a streamer on her residence hall room door naming â€Å"people who shou ld be shot on sight† so listed â€Å"preppies, bimboes, work forces without chest hair, and homosexuals.† Wu was ordered by the university disposal to travel off of campus, but was allowed to return when a federal case was issued. It is difficult to pull the line on this instance, it is someplace between address and behavior, someplace in the grey country. The case was dropped, and Nina Wu was allowed back onto campus ( Dority ) . Unless the address of a pupil is clearly categorized under nonprotected address, it is legal. The Supreme Court recognizes this, and by the power of the Constitution, it has ruled against address codifications, once more and once more. But, the Supreme Court is non the lone force against address codifications. Even though address codifications have many advocators, including disposal, politicians, pupils and parents, there is still a force to be reckoned with. At the national board argument of the American Civil Liberties Union, Gwen Thomas, a black decision maker from Colorado, was the first talker. She started by stating ; # 8221 ; I have ever felt as a minority individual we have to protect the rights of all because if we infringe on the rights of any individuals, we # 8217 ; ll be next. # 8221 ; She went on to state, # 8221 ; As for supplying a non-intimidating educational environment, our immature people have to larn to turn up on college campuses. We have to learn them how to cover with adversarial state of affairss. They have to larn how to last violative address that they find injuring or hurtful # 8221 ; ( Hirschberg, 288 ) . I couldn # 8217 ; Ts have said it any better myself. Speech codifications have become a recreation of the existent job. Colleges, and society, should be looking to work out the existent societal issue at the root of intolerance. The existent societal issue is a deep current of racism, sexism and homophobia that has run through our history, passed through households, taught in our schools and even preached in our churches for many old ages. The fact that we can non make this overnight leaves us with the job of free address and the hunt for a speedy hole. The truth is, there is no speedy hole to this type of social depression. Whatever that solution will be, it will no doubt get down with instruction. We will neer genuinely win in educating the heads of the ignorant by protecting them. I have to hold with Gwen Thomas for two grounds. I agree because people learn from the state of affairss on college campuses how to cover with their work, household and personal lives, and because college pupils are non kids, they do non necessitate protec tion from things that they will hold to populate with subsequently on in life. Trying to protect immature grownups from the truth of the universe will stop up aching them more. Alternatively of dissembling the thoughts and beliefs of pupils with address codifications, we should allow them see the cat have oning the sweatshirt that says, # 8220 ; Fuck Women. # 8221 ; Students need to see the mark that says # 8220 ; Homophobia Sucks # 8221 ; ( Golding 6 ) . Merely because the mark is up or the words are said doesn # 8217 ; t intend that anyone has to read or hear them, but if they learn in college that these sentiments are out at that place, they will larn how to cover with them subsequently in life. If pupils learn to read these messages and non allow them consequence them, they will be more witting to what their personal sentiments are, and it will make a more tolerant society. With the Torahs that are in topographic point against torment, contending words and non-protected add ress, most of the address jobs can be dealt with, without a address codification. The First Amendment makes address codifications unconstitutional. Even with all of the incidents that have triggered address codifications, that is the bottom line. It is every pupils right to freely talk their heads and portion their thoughts, this right would be taken away with speech codifications. As American citizens, whether we are on a college campus or on a street corner, we need to exert and protect our constitutional rights. Students should non be denied their right to freedom of look merely because it might pique person. With the established fact that no 1 has the right to # 8220 ; foreshorten the freedom or address, # 8221 ; all pupils should stand up and actively battle for their right to? ? Lashkar-e-Taiba freedom ring. # 8217 ; Every pupil should cognize, the minute we stop exerting our Constitutional rights is the minute our freedom ends.