...recent development that reporters should be absolutely, unwaveringly objective in stories involving some possibility of bias. In this analysis, news/media outlets, are taken to mean any news organization, TV news networks, magazines, newspaper, etc. and media bias is the term for these aforementioned news outlets to misrepresent an argument, show...
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...erk's reinterpretation of the Mexican War justified the actions that were committed in pursuit of Manifest Destiny. He recognized Polk’s aggression as a retaliation to Mexico’s uncooperative nature. By continuously commenting on the unreasonable reactions of Mexicans, he implies that the War could have been avoided; but, due to the stubbornness of Mexicans, the war was inevitable. Recent historians, like Amy S. Greenberg, have challenged this argument. Greenberg, like Merk, does not fully examine the Mexican perspective in her analysis; however, her research reveals the unjust nature of the war instead of justifying the war. In A Wicked War: Polk, Clay, Lincoln, and the 1846 US invasion of Mexico, Amy S. Greenberg emphasizes Polk’s territorial goals, to expand shore to shore, as a major cause of the war. Before Polk was elected as president, the Whig party predicted Polk’s election would lead to war. Polk pursued the...
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...debted customers if unable to make their respective payment. This lays the groundwork for the journey of achieving the “American Dream”. Balboa working such a low-end, odd job just to make ends meet symbolizes the working class, more specifically the lower class. This gives insight to the struggles these people face everyday, not only through Balboa’s work as a loan shark, but the dock worker in a dirty environment who is unable to pay his loan in the same scene. Many signs throughout the early exposition align with the reasoning within the rhetorical framework. For example, Rocky attempts to go to the boxing gym but because of his lack of success and low amount of money, Mick gives Rocky’s locker to...
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...On January 27, 2017, only one week later of his inauguration day, Donald J. Trump issued an executive order. The press and the white house refers to this order as an immigration ban, a ban that denies the entrance from citizens from Iraq, Syria, Sudan, Iran, Somalia, Libya and Yemen into the U.S. The order goes against everything America stands for, how can we deny the entrance of people who also want to have the American dream? Trump’s executive order is a ban that is unessential, goes against our constitution, and defines the opposite of what this country stands for. Those who support Donald Trump’s executive order on the entry ban, argue its full purpose is to protect the the country from terrorist attacks. But this ban does not stand...
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...data. Statistics also equips those who use it with tools to foresee based on the data gathered and is useful in not only business but is also useful in science, health, and government. (Stine &Foster, 2014) After all, science, health, and government need data on a regular basis in order to make informed decisions. This is why being fluent in statistics is very recommended for almost any profession in existence. Using statistics cuts out the “gray area” or guesswork of life's information in large proportions. With statistics, it is similar to an opinionated conversation. For example, let us assume that John and Mary are discussing the presidential candidates they are most likely to vote for. Mary is discussing the policies of Donald Trump and the John is discussing the policies of Hilary Clinton. The discussion gets heated as they both discuss what is right about their candidate and wrong about the other person's candidate. As John and Mary are just...
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...(1575)An Analysis of Non-Usefulness of Post-Modernity and the Importance of “Critical Thinking” in the Humanities This sociological study will define the non-usefulness of “post-modernism” as a threat to the scientific foundations of modernism in the lack of “critical thinking” in the humanities. The premise of modernism is defined by the notion of human “progress” through a deterministic and scientific view of the humanity into higher functionality of civilized society. In contrast to this objective view of human progress, post-modernism has created various subjective assumptions about western civilization, which form academic opinions that are not based on objective reality. Latour’s (2004) examination of the “hermeneutics of suspicion”...
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...Project HU – 245 - 10 Professor Ronald Wade Erin Broker 8/30/2009 Kaplan University Unit 9 Final Project Introduction Ethics is the area of study that deals with morality and how we make decisions about how we behave as individuals and how our actions reflect our values and conduct towards one another. This class focused on two viewpoints that helped us define morality and how to apply it in new ways of thinking and reasoning when dealing with issues in our lives: consequential reasoning and non-consequential reasoning. Through an evaluation of my collected works, I will attempt to show an improvement in the areas of analytical skill building, knowledge acquisition, and practical application that are the key objectives of this class. The objective of these three skill areas was to help us better understand how to think ethically and to understand why others think the way they do and how to come to a better understanding of a difference of opinions on various subjects. Analytical Skills Analytical skill building helps to improve your critical reading, writing and thinking skills. In unit 2 Case Study B, I evaluated a situation where an employee was upset with his employer’s treatment of its employees. In analyzing the situation, I was able to come to an understanding of how best the company should respect Mr. Lopez’s rights and moral dignity as an employee by using consequential reasoning: A company should take whatever steps necessary to respect the rights and...
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...a generous health benefits package and defined-benefit pension plan. Unfortunately, TK has been in a financial and reputational slump of late. Although there are no foreseeable threats to its solvency, TK’s profit margins are thinner than in the past and its stock price has been sagging. TK operates several facilities for sorting and processing solid waste (some of which, such as fluorescent tubes and electronic devices, containing potential hazardous components). Its newer facilities are state-of-the-art: high-tech, largely automated, and very safe for both workers and the environment. These new facilities employ a small, mostly young and highly skilled work force. They are very profitable. The older facilities are approaching the end of their functional lifespans, and the company will need to replace their capacity in order to continue to fulfill their contracts with waste generators. Many of the workers at the older facilities are themselves older and are approaching retirement. One of the older facilities, though complying with the relevant industry and regulatory standards of the day, has turned out to have contaminated its site with certain toxic substances. The Ministry of the Environment has issued a clean-up order for the site and technical consultants have informed management that the required remediation will take several years and will be costly. Further, several former and current workers at the facility...
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...Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power of analogy ( usually used in “slippery slope” problems o Basically policy arguments – look at effect will be (carried to its logical conclusions) ▪ Eg, economics, incentives, etc… • Tools of case law: (ALL USED TO CONSTRUCT ANALYSIS FOR CONCLUSIONS) o Precedent o Logic o Public policy ▪ Slippery slope arguments...
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...(ii) more clearly explain how you and your group will be assessed for the dispute resolution assignment, and (iii) provide you with some practical tips to help you prepare. Assignment Scenario: A few years back, Apple and Proview had a legal dispute concerning the ownership of the “IPAD” trademark in China. There were multiple lawsuits, with Apple winning some and Proview winning others. In the end, they settled outside of court for a reported US$60,000,000. In this assignment we are going to pretend that Apple failed to pay the US$60 million to Proview, and that the two sides are going to arbitration in Hong Kong to settle the dispute once and for all. Your group will represent either Apple or Proview, and will prepare a “legal brief” for submission to the arbitration panel stating your side’s case, and providing legal research backing up your position. Instructions and Expectations a. Venue of the Case This dispute is going to take place as an arbitration in Hong Kong. Thus, the groups are to argue their sides as though you were arguing the case to a real arbitration panel.If you have any questions about what this means, please email or call Mr. Bishop. b. Oral Argument There will be no oral argument required. c. Written Argument Each group is required to turn in both a hard and soft copy of a “legal brief” explaining in writing their team’s legal argument. It is up to your group to determine how long or short to make the...
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...University of Warwick School of Law Legal Studies Research Paper No. 2010-05 LEGAL FORM AND MORAL JUDGMENT: THE PROBLEM OF EUTHANASIA Alan Norrie Electronic copy available at: http://ssrn.com/abstract=1577163 ABSTRACT In this paper, I want to consider the way in which categories of legal responsibility in the criminal law’s general part mediate and finesse broader moral issues around questions of euthanasia. I INTRODUCTION Euthanasia and its close cousin assisted dying represent extremely problematic areas for the criminal law, as the recent guidelines issue around assisted suicide testifies. The effect of these guidelines is to make no official change in the law, yet to make it clear as a matter of practice that where the law on its face has been broken, there will be no prosecution where the defendant was motivated by good moral reasons. On a legal realist vision of law, the law has changed, but on a positivistic reading it has not. What we have in fact is a rather complex and potentially troublesome juxtaposition of legal rule and administrative discretion. This balances strong social, political and moral claims in a society where there is no consensus as to the rights and wrongs of helping someone to die. In this context, the legal realist can say ‘I told you so’, and the legal positivist can cluck disapprovingly, but both miss the point, which is that the law’s messy mixing of messages in a pragmatic compromise reflects the moral impasse in a way that...
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...Rankine reveals how it feels to be the person who is criminalized by the unfair practice of the Stop-and-Frisk law when she tells the story of a black male being arrested without probable cause. The story is told through the black male’s point of view, written in first person. When the police officer pulls the man over and immediately treats him like a criminal, we experience confusion and anger towards the officer, as if we were the man being arrested. The man knows he will be pulled over before it actually happens because he “fits the description” (105) of who the police should stop-and-frisk. The idea that this man is not a criminal yet he fits the “description” is very frustrating for the man that it drives him insane. Although the man did not break any laws, he is charged with speeding anyway. This situation is an example of how the Stop-and-Frisk Law allows police officers to racially profile citizens which can lead to their criminalization and can affect the way black citizens view law...
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...originated in the United States on NBC. Billed as "The Ultimate Job Interview", the show depicts a group of 15-18 businessmen and -women competing in an elimination-style competition for a one-year, $250,000 job of running one of real estate magnate Donald Trump's companies. The show led Trump to become known for his fateful catch phrase "You're Fired!". The apprentice season 5, the fifth series of the Apprentice with Donald Trump as the executive producer and host, is not much different from the earlier seasons except for the debut of Donald Trump's children, Ivanka Trump and Donald Trump, Jr. as boardroom judges when either George or Carolyn were unavailable. Amidst all the drama associated with each and every season of The Apprentice, there is much to be learnt about leadership from the 16 competing candidates in Season 5. In order to have a better understanding of the diverse characters and their behaviour and to give a more objective analysis on whether they displayed effective leadership or otherwise, it is necessary to look at some of the theories underlying leadership behaviour. Below is the candidates’ group picture, Source: http://www.realitytvworld.com/news/nbc-reveals-donald-trump-the-apprentice-5-contestants-3948.php Below is the candidates’ background, Source: www.wikipedia.com 2.0 Leadership Anaylsis of Season 5 Apprentice 1.Traits Theories The Myers Briggs Type Indicator (MBTI) has been extensively used for over 50 years in an extraordinary...
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...Original Article Rationality, norms and identity in international relations Ji Young Choi Department of Politics & Government, Ohio Wesleyan University, Elliott Hall 204, Delaware, OH 43015, USA. E-mail: jychoi@owu.edu Abstract This article examines major debates between rationalism and constructivism. It presents that there are politically significant motives of social actions, including norms and identity, which cannot be completely subsumed by the concept of instrumental rationality. These ideational or social-psychological motivations are governed primarily by thymos or affect (the moral or emotional part of the human personality) and/or valueoriented rationality. We need more flexible assumptions about main actors and their motives than those of rationalism to explain appropriately the politics of anger, loyalty and a sense of justice at international levels. However, constructivism’s emphasis on ideational motivations cannot totally replace rationalism in explaining international political life. Constructivism maintains that identity or norms are causally prior to actors’ interests. Yet when there is conflict between pursuit of interests and maintenance of identity or norms, actors’ strong and well-defined self-interests can overrule their contested or unstable identity or norms. In short, causal arrows can flow in either direction between identity or norms and interests. This implies that rationalism and constructivism are complementary rather than competitive...
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...International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma1 I. Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one of the first state courts to address Article 36 since the International Court of Justice (ICJ) decided Germany v. United States of America (LaGrand),5 in which the ICJ interpreted the controversial provision. Briefly stated, Article 36 grants foreign nationals the right to contact their consulate if they are arrested or detained in a foreign country.6 Such notification allows the consulate to provide legal assistance to the foreign national, who may speak another language or be unfamiliar with the foreign nation's legal system. As might be expected, local authorities sometimes fail to comply with Article 36. In the United States, such failures have prompted foreign nationals to file appeals based on what they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to...
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