Bang bang banh

Rundown three social equality occasions that Lorraine (or the Hansberry family) was engaged with: 1 . Her folks were both dynamic operating at a profit network of Chicago just as social change work. 2. She was engaged with the Hansberry versus Lee case since her family was being compelled to integrate their white neighborhood with a prohibitive agreement. In spite of vicious dissent they didn't move until the court requested them to. 3. One of her siblings avoided the draft on account of isolation and segregation in the military Use the accompanying site to address the accompanying inquiries. http://en. wikipedia. rg/wiki/Restrictive_covenant 4.In your own words, what are â€Å"restrictive covenants†? A kind of understanding, which limits what the proprietor of the land or rent can do with it. 5. How have they been utilized in isolation? Used to keep blacks from â€Å"invading† white neighborhoods The title A Raisin in the Sun originates from Langston Hughes' sonnet ent itled â€Å"Harlem. † Read the sonnet at the accompanying site: http://www. teachingamericanhistory. organization/library/record. asp? document=640 Use the accompanying site to get familiar with the sonnet. http://verse. suitel 01 . com/article. cfm/hughes_harlem_a_dream_deferred According to this site, what is the subject ot â€Å"Harlem†? A fantasy discouraged 7. Do you think this topic fits with the sonnet? Why or why not? Truly it clarifies what happens when a fantasy is deferred. 8. Rundown two abstract components that can be found in the sonnet and give a case of each (reorder line): Literary component: non-serious inquiries Example: What happens toa dream conceded? Artistic component: analogy Example: Does it smell like spoiled meat? 9. Peruse the critique and determine what you think in all likelihood happens to a â€Å"dream deferred† and clarify why. At the point when a fantasy is conceded it is lost, sense you no onger can satisfy it.It turns into an exercise in futility and a failure. In Act II, Scene Two, a character alludes to Booker T. Washington as one of our â€Å"great men,† however another character differs and considers him a numb-skull. Gain proficiency with certain realities about Mr. Washington to assist you with coming to your own end result. Utilize the accompanying sites to discover three realities that help that he was a â€Å"great† man and three realities that may have lead the other character to accept he was a moron. http://www. nps. gov/chronicle/bowa/btwbio. html http://en. wikipedia. organization/wiki/Booker_T. _Washington http://northbysouth. enyon. edu/1998. edu/home/btw. htm Great Man 10.First African American man to be welcome to the white house 1 . First African American man to get a privileged degree from Harvard 12. He was brought into the world a slave and had no early instruction, yet he despite everything turned into America's principal dark instructor Fool 13. His Atlanta bargain w as known as a disloyalty to the dark network since it acknowledged isolation.

Reflection Paper on a Beautiful Mind

A Beautiful Mind is a story dependent on the life of the celebrated mathematician John Forbes Nash, Jr. His commitments to arithmetic are extraordinary. At the point when he was an undergrad, he demonstrated Brouwer's fixed point hypothesis. He at that point broke one of Riemann's most bewildering numerical issues and got celebrated for the Nash Solution. Game Theory from that point on, Nash gave a great many forward leaps in science. In 1958 John Forbes Nash was depicted as being ‘the most encouraging youthful mathematician on the planet'. John tackled issues in arithmetic that numerous mathematicians regarded not resolvable. On the edge of such a promising and exceptional profession, he at that point proceeded to endure three many years of an overwhelming type of jumpy schizophrenia. He lost his showing callings and his activity. He rejected all clinical treatment and went through years all through whimsical states. Amazingly, in 1994 John won the Nobel Prize in Economic Science for his work on Game Theory, he was just 21 when he composed his paper. The narrative of John Forbes Nash Jr. is certainly associated with Logic, as he is a mathematician. In his breaking of many baffling numerical issues, he utilized rationale. Also, in delivering his well known Game hypothesis, sensible frameworks were utilized. Among the significant properties that consistent frameworks can have: ?Consistency, which implies that no hypothesis of the framework repudiates another. ?Legitimacy, which implies that the framework's standards of verification will never permit a bogus derivation from genuine premises. A legitimate framework has the property of sufficiency when the consistent framework has the property of legitimacy and just uses premises that demonstrate valid (or, on account of adages, are valid by definition). ?Culmination, which implies that if a hypothesis is valid, it tends to be demonstrated. Adequacy, which implies that the premises are valid and the contention is legitimate. In one of the scenes in the film, where Nash was in a bar with companions, the utilization of rationale was exceptionally obvious. While Nash and his companions all have their eyes on a similar Blonde lady, you start to detect his â⠂¬Ëœgenius second'. He astonishes his partners with the inquiry that on the off chance that we as a whole need a similar lady, no one successes, in the event that we as a whole pursue her companions, no one successes, and in this way there must be an answer for guarantee that everybody wins. With that, Nash composes a recipe on a napkin, surges out of the bar and works hotly on his new hypothesis. The scene shows the specialty of rationale, which inspects three demonstrations of the explanation: basic worry, judgment and thinking. Straightforward Apprehension is the grip of an idea. An idea is additionally called a thought, a species, a coherent structure, and a psychological word. An idea has an augmentation, which is the gathering of things included under the idea. A solitary idea is the idea of one individual, for instance, your idea of President Abraham Lincoln. An all inclusive idea stretches out to an entire class of things. The more highlights (or notes) remembered for an all inclusive idea, the smaller its expansion. A supernatural idea is one that applies to whatever exists, for instance being, thing, unit, unmistakable, great, valid, excellent. An idea without anyone else isn't accurate or bogus, similarly as a solitary word isn't correct or bogus. An idea is an indication of a thing, similarly as a verbally expressed word is an indication of an idea, and through the idea the expressed word is an indication of the thing. An idea isn't just a sensation put away in the psyche, yet is an irrelevant demonstration of comprehension. A Judgment is communicated in a total sentence or suggestion. Decisions are either attributive, when we state â€Å"A is B†, where A will be a subject and B is a predicate, or existential, as when we state â€Å"A exists†. Certification or agreed judgment is called creation, since we are assembling two ideas. Refutation is called division, since we are dismantling two ideas. A judgment is either evident or bogus. Thinking includes three terms or ideas, and two decisions. The significant term is the broadest, the minor term is the tightest, and the center term is between the two, remembered for the importance of the significant term, and remembering for it the significance of the minor term. A model is given in the table beneath (The Structure of a Syllogism). Major PremiseEvery man is mortal. Mortal = significant term Minor PremiseKenji is a man. Man = center term ConclusionKenji is mortal. Kenji = minor term A logic is the verbal articulation of a demonstration of thinking. In a logic or flawless argumentation, where one thing is given, something else fundamentally follows. Different types of argumentation give lesser degrees of conviction. An ideal logic employes finding, which is thinking that begins from general realities, and afterward applies them in a specific occurrence.

The 3 Books I Buy for My Friends Babies

The 3 Books I Buy for My Friends’ Babies I seem to be hitting that phase in life where everyone around me is having babies. Typically I am far out of my comfort zone when it comes to small humans. Though I was once a babysitter/nanny extraordinaire, that was over a decade ago, and I’ve lost my knack for it completely. Now, I’m that awkward adult who tries to make small talk with a two-year-old as if they were coworkers at the officeâ€"how was the traffic getting here, child? This is probably why I turn to books in these situations. Because as it turns out, even without any children (or plans for them) in my future, I have very strong   opinions on the books you should be collecting when you’re expecting. Shall we? Go, Dog. Go by PD Eastman This is the apparently lesser-known title from Are You My Mother? author PD Eastman, and another wonder of non sequitor storytelling, featuring dogs of all colors and sizes in an unpredictable range of delightfully absurd situations. Beyond that is a saga of a dog and her hat that is bound to stick with you. This book inspired at least one essay on individualism, and in my family, it also inspired the longstanding quip, “Go around again,” for no particular reason that any of us can really identify, other than that it is a line that exists in this book. Eloise by  Kay Thompson and Hilary Knight No book collection is complete without a few standout misbehaving girls. Eloise is the queen of these characters. From her wild imagination, brash attitude, and penchant for crossing the line, she has no respect at all for authority in any form. Most of all, I like to think about what happened to Eloise when she grew up. A collection of traits that may not make her a model young woman by society’s measure but would damn sure be great to have as a boss. Hopefully she found her corner office. If You Give a Mouse a Cookie by  Laura Numeroff I once thought this book to be as ubiquitous as the Cat in the Hat. Sadly I have discovered over many very awkward references that no one understood that an “if you give a mouse a cookie situation” is really not something understood by just anyone. It continues to be an excellent measuring stick for identifying kindred spirits, however. Sign up to The Kids Are All Right to receive news and recommendations from the world of kid lit and middle grade books.

What are Discourse Communities - Free Essay Example

Sample details Pages: 7 Words: 2024 Downloads: 10 Date added: 2019/05/21 Category Society Essay Level High school Tags: Discourse Community Essay Did you like this example? What are discourse communities? In his essay The Concept of Discourse Community, John Swales describes them as groups that have goals or purposes, and use communication to achieve these goals. Swales also includes a set of six characteristics that assists the individual in being able to identify a discourse community. Those six characteristics include: common goals, intercommunication between members, provision of information, utilization of genres, specified lexis, and a set system to distinguish new members from old members. Don’t waste time! Our writers will create an original "What are Discourse Communities?" essay for you Create order People can find many examples of discourse communities in their daily lives. For example, a dance team, a football team, students taking an English class, religious groups, and an acapella group can all be considered discourse communities. A discourse community must satisfy the six characteristics in order to be viewed as a discourse community. I have taken a certain interest in a very particular discourse community. This group that I am so fortunate to be a part of is called 901 Ummah. This specific discourse community is important because it revolves around the local Muslim community of Memphis, Tennessee, hence the 901. The world we live in today is divided. People have different beliefs and understandings of what goes on in our daily lives. One of the most controversial topics would be the religion of Islam. Due to many attempts of terrorism, people began questioning the safety and credibility of the religion. Those same people have the ability to influence others around them, including the very susceptible youth. This is where 901 Ummah comes in. The very purpose of this group was to educate and inform the local Memphians and youth of the true nature of Islam. To Meet the Needs of a Growing Community (Mission). That is the the mission statement of the Memphis Islamic Center, also known as M.I.C. M.I.C has served as the basis for the Muslim community and 901 Ummah. Long before 901 Ummah became a non-profit organization, M.I.C was used as the foundation for lectures and activities for the youth. Local Imams, or Islamic scholars, held lectures to remind the youth and their families about what Islam was about and strengthen their faith in the religion. Older college students began activities for the whole community to attract the youth back to M.I.C. Basically before 901 Ummah became a thing, a small part of the community began educating Memphians on what Islam is. This special community grew into the group known as 901 Ummah. A discourse community has a broadly agreed set of common public goals (Swales 471). In conjunction with M.I.C, 901 Ummah started a revolution in Memphis. The construction for M.I.C began around 2010. The project leaders purchased a plot of land that just so happened to be across the street from a church. An interview was conducted with the church pastor to see how he reacted to this news. He said that he sat for hours in his office wondering what he should do. Eventually, he put up a sign that said Heartsong Church welcomes the Memphis Islamic Center to the neighborhood. This little action sparked a great friendship. Since many Muslims didnt have a place to pray, the Church allowed them to use their facility until their building had been finished. Since this story was covered by Starbucks, the whole community soon heard of this friendship (The Mosque). The people of Heartsong Church accepted the Muslims despite what the media displayed of them. This was the basis for 901 Ummahrs purpose, to educate Memphians, not just Muslims, on the meaning of Islam. After the building was built and 901 Ummah was established, both 901 Ummah and Heartsong Church held events and lectures at both venues. Ever since then, their friendship grew strong. 901 Ummah brought out famous Imams from around the world to talk about different issues Muslims faced. Topics varied from what Islam was and how it came to be through history to how Muslims should react to media portrayal of Islam. The leaders of 901 Ummah also held sports events, art competitions, and potlucks to create a fun environment to draw out the youth who would be reluctant to come. 901 Ummah has done a great job so far in advocating Islam towards the whole 901 community. A discourse community has mechanisms of intercommunication among its members (Swales 471). There are three main types of intercommunication in 901 Ummah. The first and most important is social media. 901 Ummah has accounts and pages on Facebook, Twitter, Instagram, and Snapchat. While all play an important role, the main hub of information would be Facebook. The other social medias act as a supplement to Facebook. Social media is used for both people in the discourse community and those looking to join a discourse community. The second type of intercommunication would be through fliers and posters seen throughout M.I.C. This communication focuses on the people who regularly come to the the Masjid, or place of worship. Another form of communication is the announcements. After any of our daily prayers, one of the members from 901 Ummah would come up to the microphone and announce events coming up. A discourse community uses its participatory mechanisms primarily to provide information and feedback (Swales 472). 901 Ummah has its own page on Facebook. On this page you can find pictures of different events, what events will take place, and when where these events will happen. Facebook plays an important role because it quickly allows the group leaders to reach the whole community. It also allows people to leave comments, give reviews, post their own statuses on the page, and RSVP for any events. 901 Ummah also utilizes Twitter, Instagram, and Snapchat. Through these, 901 Ummah can give small, fun glimpses of things that go on during lectures activities and get the word out to reach people who dont use Facebook. Through holding fliers and looking at posters, those who come to M.I.C can be reminded of upcoming events and activities. Announcements also follow the same purpose. After any of the five daily prayers, announcements are given to inform people when events will occur. A discourse community utilizes and hence possesses one or more genres in the communicative furtherance of its aims (Swales 472). In order to advocate the peace of Islam and strengthen the youthrs faith in Islam, people need to be present. These forms of communication serve as a way to attract more people to be a part of the discourse community. Sporting events, picnics, and competitions attract all types of people. Once people hear about these events through social media, they are more likely to come, take part in events, and learn more about the Muslim community. Also people in the discourse community share information with their friends and family, bringing more to attention to 901 Ummah and its cause. These communications allow more people to get the opportunity of learning about Islam. In addition to owning genres, a discourse community has acquired some specific lexis (Swales 473). Being Islamic-centered, the discourse community lexis involves Arabic terms. Surprisingly, the discourse community title is a lexi. Ummah means a group of people bound together by the religion of Islam. So basically the group is called the Muslims of 901. Also, the acronym M.I.C is used a lot in our discourse community because it is our main place of worship. Another important lexi is the Islamic greeting, As-Salam wa Alaikum. Every time we meet someone else in the Masjid, we say this phrase. The phrase means peace be upon you. Another phrase that our youth advisor or anyone else usually says before giving a lecture is Bismillah ar-Rahman ar-Rahim. It means In the name of god, the most gracious, the most merciful. It is usually said in the beginning of many actions to remind people of the importance of God. A really common phrase youd hear during lectures would be Sallallahu Alaihi Wasallam. This phrase is to be said after the Prophet Muhammadrs name is uttered, out of respect for him. A lot of of Arabic phrases can be seen on posters and fliers also. This lexi allows people to be able to understand the Arabic religion and be accustomed to its meaning. A discourse community has a threshold level of members with a suitable degree of relevant content and discoursal expertise (Swales 473). 901 Ummah is open to anyone who is willing to learn. During any activity or lecture, we always to tend notice familiar faces who have been to many different events. It is easy to distinguish between the old timers and newcomers because the newcomers tend to be sitting alone in the corner. After we see them at more events, we tend to include them in conversations and introduce ourselves to them. The old timers appear at almost every event. These people have been known to be apart of 901 Ummah ever since it was established, including me. Among the old timers include the leaders who devote their time volunteering and planning each event that 901 Ummah holds. By sitting in on lectures and having conversations with the old members, the newcomers begin to learn the grouprs lexis and understand the purpose our discourse community serves. People who attend many events and take part in activities are considered to be a part of the group. This discourse community was easy to study and observe because I have been a part of it for so long. My first course of action was to study a Q A during a lecture on the origin of Islam. People asked the speaker questions by raising their hands and being acknowledged by the speaker. One of the young people in the audience asked, How do we know this is all true and that God is real? The speaker responded with an Arabic phrase, Allahu Aalam, meaning God knows best. The speaker said his beliefs were so strong in the evidences of Islam that he didnt question them. After the Q A was over, a paper was passed around to leave comments on how the session went. My second course of action was to interview the speaker, our new youth advisor, Safi Khan. Safi happened to be one of the earliest members of 901 Ummah, before it became official. He had just received a degree in teaching, so he was offered a job as 901 Ummahs new youth advisor. He was the type of person a lot of people knew and could come to. Anyone who didnt know him would get to hear him at his weekly lectures. After receiving his degree, he married a Muslim convert. His reason for involvement was to strengthen the youthrs faith in Islam due to his own past disbeliefs with the religion. He knew most of the Arabic phrases used in the group because he studied Arabic during his free time in college. His communications included his own personal Instagram which he used to post upcoming events. Everyone who followed Safi would get event information and a glimpse into his personal life (Khan). My last course of action was to study the details written on a flier for a picnic happening in the gazebo area of M.I.C. The flier displayed 901 Ummahrs logo and when where the event wo uld happen. 901 Ummah was a very unique group, especially in the area it was established. Through the hard work and determination of its group members, 901 Ummahs goal is being accomplished (Khan). The discourse community is a learning group, with fun activities being a priority as well. I believe this is a fundamental aspect to achieving the grouprs goals. Todayrs youth seem more interested in spending time with friends than having to learn things. 901 Ummah incredibly joins both together. Their goal is an admirable one. With all of the negative criticisms towards Islam, groups like 901 Ummah are needed to shed some light on the true meaning of Islam. References Swales, John. The Concept of Discourse Community. Writing About Writing. Ed. Elizabeth Wardle and Doug Downs. New York: Bedford/St. Martinrs, 2011. 466- 480. Print. The Mosque Across the Street. Memphis Islamic Center RSS. N.p., n.d. Web. 04 Oct. 2016. Mission. Memphis Islamic Center RSS. N.p., n.d. Web. 05 Oct. 2016. Khan, Safi. Personal Interview. 30 Sep. 2016.

Prostitution Statistics and Rape

For women who are prostitutes, rape is every bit as traumatic as it is for women who are not sex workers. It may even be more painful, as the act reopens old wounds and buried memories of unbearable abuse. In fact, prostitutes demonstrate many of the same characteristics as soldiers returning from the battlefield. In the 1990s, researchers Melissa Farley and Howard Barkan conducted a study on prostitution, violence against women and post-traumatic stress disorder, interviewing 130 San Francisco prostitutes. Their findings indicate assault and rape are all too commonplace: Eighty-two percent of these respondents reported having been physically assaulted since entering prostitution. Of those who had been physically assaulted, 55% had been assaulted by customers. Eighty-eight percent had been physically threatened while in prostitution, and 83% had been physically threatened with a weapon....Sixty-eight percent...reported having been raped since entering prostitution. Forty-eight percent had been raped more than five times. Forty-six percent of those who reported rapes stated that they had been raped by customers. Painful Past As the researchers note, other studies have proven again and again that most women who work as prostitutes have been physically or sexually abused as children. Farley and Barkan’s findings not only confirm this fact but also highlight that for some, abuse begins so early that the child is not able to comprehend what is happening to her: Fifty-seven percent reported a history of childhood sexual abuse, by an average of 3 perpetrators. Forty-nine percent of those who responded reported that as children, they had been hit or beaten by a caregiver until they had bruises or were injured in some way...Many seemed profoundly uncertain as to just what abuse is. When asked why she answered no to the question regarding childhood sexual abuse, one woman whose history was known to one of the interviewers said: Because there was no force, and, besides, I didnt even know what it was then - I didnt know it was sex. Unfair Game Writing in the Criminal Practice Law Report, Dr. Phyllis Chesler, Emerita Professor of Psychology and Womens Studies at City University of New York, describes the violence that permeates the life of a prostitute and why it’s rare for her to report a rape: Prostituted women have long been considered fair game for sexual harassment, rape, gang-rape, kinky sex, robbery, and beatings....A 1991 study by the Council for Prostitution Alternatives, in Portland, Oregon, documented that 78 percent of 55 prostituted women reported being raped an average of 16 times annually by their pimps and 33 times a year by johns. Twelve rape complaints were made in the criminal justice system and neither pimps nor johns were ever convicted. These prostitutes also reported being horribly beaten by their pimps an average of 58 times a year. The frequency of beatings...by johns ranged from I to 400 times a year. Legal action was pursued in 13 cases, resulting in 2 convictions for aggravated assault. The 1990 Florida Supreme Court Gender Bias Report states that prostitution is not a victimless crime... Prostitute rape is rarely reported, investigated, prosecuted or taken seriously. Serial Killer...or Self Defense? Chesler cites these statistics as she reviews the 1992 trial of Aileen Wuornos, a woman who the media dubbed the first female serial killer. A prostitute accused of killing five men in Florida, Wuornos crimes - as Chesler argues - were mitigated by her past history and the situation surrounding her first murder, committed in self-defense. Wuornos, a seriously abused child and a serially raped and beaten teenage and adult prostitute, has been under attack all her life, probably more than any soldier in any real war. In my opinion, Wuornoss testimony in the first trial was both moving and credible as she described being verbally threatened, tied up, and then brutally raped...by Richard Mallory. According to Wuornos, she agreed to have sex for money with Mallory on the night of November 30, 1989. Mallory, who was intoxicated and stoned, suddenly turned vicious. What Lies Beneath Chesler states that the jury was denied an important tool in understanding the mindset of Aileen Wuornos - the testimony of expert witnesses. Among those who had agreed to testify on her behalf was a psychologist, a psychiatrist, experts in prostitution and violence against prostitutes, experts in child abuse, battery, and rape trauma syndrome. Chesler indicates their testimony was necessary ...to educate the jury about the routine and horrendous sexual, physical, and psychological violence against prostituted women...the long-term consequences of extreme trauma, and a womans right to self-defense. Given how often prostituted women are raped, gang raped, beaten, robbed, tortured, and killed, Wuornoss claim that she killed Richard Mallory in self-defense is at least plausible. History of Violence As is often the case with rape and assault, the perpetrator never commits the crime just once. Wuornoss rapist had a history of sexual violence against women; Richard Mallory had been incarcerated in Maryland for many years as a sex offender. Yet, as Chesler explains: ...the jury never got to hear any evidence about Mallorys history of violence toward prostitutes, or about violence toward prostitutes in general, which might have helped them evaluate Wuornoss much-derided claim of self-defense. Final Sentence As Chesler notes, the jury of five men and seven women deliberating Wuornos fate took only 91 minutes to find her guilty and 108 minutes to recommend she be given the death penalty for the murder of ex-convict Richard Mallory. Aileen Carol Wuornos was executed by lethal injection on October 9, 2002. Sources Chesler, Phyllis. Sexual Violence Against Women and a Womans Right to Self-Defense: The Case of Aileen Carol Wuornos. Criminal Practice Law Report, vol. 1 No.9, Oct 1993.Farley, Melissa, Ph.D. and Barkan, Howard, DrPH Prostitution, Violence Against Women, and Posttraumatic Stress Disorder Women Health, vol. 27, no. 3, pp. 37-49. The Haworth Press, Inc. 1998.

Administrative Law Coursework Free Essays

Introduction-Source of Power In order to seek for the legality of an action taken by a public body, first, we may need to identify the source of its power. The source of the power provides the standard for the reviewing exercise. Generally the source of the delegated discretion for Public Law will be an enable Act, yet there are cases where it may be an Order in Council issued under the Prerogative. We will write a custom essay sample on Administrative Law Coursework or any similar topic only for you Order Now The fact sheet shows that the (fictitious) Traffic Control Act 2010 was imposed by the Councils, thus we may conclude that the source of the power in this case is by Public Law. [Question 1:] Amelia, who has been ‘prosecuted for breach of a 15 mph speed limit’, is likely to seek for judicial review on the ground that the decision taken by the Council is unreasonable. She may argue that she was driving through the ‘thinly populated docks area’ where the 2010 Act need not to be imposed. Hence she may also try to seek for quashing order against the prosecution during the application of judicial review. It has been some time that the basic test for reasonableness in English Administrative Law was driven from the Court of Appeal’s decision in Associated Provincial Picture House Ltd v Wednesbury Corporation (the Wednesbury case). Lord Green MR stated the authority’s decision might be open to attack because the imposed principle in the case was: â€Å"Not directing itself properly in law; not taking into account relevant considerations, or conversely taking into account irrelevant considerations; acting unreasonably; acting in bad faith; or acting in disregard of public policy†. Nonetheless his Lordship went on saying that it was important to bear in mind that Parliament had entrusted the local authority with the discretion to impose the law because of the belief of the area’s needs.Thus his Lordship suggested that the courts should not rashly intervened and quashed a condition imposed by such a body, unless such condition really did involve the element of unreasonableness. However, compelling evidence will be required to prove a case in such matter. Beside the Wednesbury Test, terms such as ‘Illegality’, ‘Irrationality’ and ‘Procedural Impropriety’ are identified by Lord Diplock from Council of Civil Service Unions v Minister for the Civil Service(the GCHQ case). As mentioned above, proving unreasonableness or irrationality will require heavy evidence provided by the applicant for juridical review. It should be that unless the unreasonableness in the case is so manifested which leave the court no choice but to step in without hesitation. Additionally the courts will consider not only the merits of the decision but also the ‘necessity and appropriateness’ of their judicial intervention. As Woolf LJ had explained: it was not for the courts to trespass the function of the local authorities simply because they disagreed with the decision. It is important for the courts to consider about the purpose behind the relevant legislation. Hence, the Seachester Council may defense itself on the ground that although the docks area may truly be ‘thinly populated’ but to certain extent, potential harms may still occur because of high speed driving. In other words, instead of considering only about the population, the main purpose of the 2010 Act is to have safety concern about the traffic issues in such area. On the other hand, the Council may have drawn a statistic map; and found the necessity to impose a traffic control measures in order to prevent further tragic or dangers. Under such accounts, it may be inappropriate to say that the Council has abused its delegated power and caused illegality. Conclusion With the Seachester Council defense, we may come to the conclusion that the court is unlikely to accept the applicant of judicial review made by Amelia. Other Possible Claim If Amelia’s claim involved issue such as the breach of her fundamental rights, there may be a possibility that other test beside the Wednesbury Test may be engaged. Nonetheless this is not the case here, thus there is no other alternative claim which Amelia can make. [Question 2:] Bertram may seek judicial review against Ruffborough Council’s decision for not imposing the traffic control measure on where he lives; an area which has ‘very high accident rate’ and required the Council to strictly imposed the law; otherwise irrationality/ unreasonableness will establish. As we had discussed above for the test of unreasonable/ irrationaland its principles, we had also come across the facts that the courts are reluctant to rely to interfere the decision made by the council. This is because otherwise they will substitute the function and power which the Parliament has entrusted to the public bodies. An example of this test can be seen in the case of Nottinghamshire CC v Sec of State for the Environment. Furthermore Bertram will also be asked to provide strong evidence to support his ground under the Wednesbury Test. In order to have a more effective claim, Bertram may try to have his argument based on the fact that his Article 8 of Human Rights Act (HRA) 1998 had been breached by the Council’s decision. Ever since the incorporation of the European Convention on Human Rights in the Human Rights Act 1998, the domestic courts began to have a strict application of the test of unreasonableness in cases which involved the issues of the citizen’s fundamental rights. In R v Secretary of State for the Home Department, ex parte Bugdaycay, Lord Bridge said: â€Å"†¦the court must†¦be entitled to subject an administrative decision to†¦more rigorous examination†¦according to the gravity of the issue which the decision determines. The most fundamental of all human rights is the individual’s right to life and when an administrative decision under challenge is said to be one which may put the applicant’s life at risk, the basis of the decision must surely call for anxious scrutiny.† Similar statement was expressed by Sir Thomas Bingham MR in R v Ministry of Defense, ex parte Smith. Bertram may now allege that without the appropriate traffic control, his family or just he will be under no protection against the high traffic accidents; the safety concern of where he lives is doubtful. By law, the public authority should exercise its rights to ensure that interests of ‘national security, public safety are well-maintained and made efficient prevention against crime, disorder for the protection of health, morals, or for the protection of the rights and freedoms of others’. Now, since Bertram has relied his case on the HRA1998, this means that the doctrine of proportionality will be considered by the domestic courts while determining his application of judicial review. The doctrine of proportionality stated that the action will be unlawful if it is inappropriate in its effect, or relative to what is required. R v Barnsley Metropolitan Borough Council, ex parte Hook suggested that English Law had recognized this doctrine for sometime as the offshoot of the unreasonableness test. Smith and Grady v United Kingdom and Lustig-Prean and Beckett v United Kingdom had became the basis for review when Convention rights were involved. The court found that prohibiting homosexuals to serve in the army forces had constituted a violation of HRA 1998 in the judicial review and had provided no effective domestic remedy in respect of the Convention rights. This was because the threshold set by the domestic courts for proof of irrationality was too high that it did not allow the applicants to gain their remedy. Furthermore Lord Bingham in A v Secretary of State for the Home Department 2004 said that under Proportionality Test, the courts should consider not just the behavior complained but also, they should also look for another way of proceeding which will not limit the Convention rights. If the answer is a ‘Yes’ then the behavior may not be proportionate. Nonetheless such wide assessment will involve judges to consider the merits and not just the process which may subsequently form more controversial issues. Until this stage, we may say that the proportionality doctrine has a lower threshold and it allow a court to balance conflict of interests. Thus if Ruffborough Council wishes to restrict Bertram’s human right then the restriction must be proportionate or no greater than it is necessary to be. However, House of Lords in R v Home Secretary, ex parte Brind refused to accept the proportionality doctrine as a separate and stand-alone head of judicial review. Lord Slynn in R (Alconbury Developments Ltd and Others) v Secretary of Stet for the Environmentt expressed his opinion: â€Å"Trying to keep the Wednesbury principle and proportionality in separate compartments seems to me to be unnecessary and confusing. In Alconbury case and R (Daly) v Secretary of State for the Home Department, it has indicated that the senior judges are like to simplify the law by using just the proportionality doctrine in all judicial review cases. Nonetheless for other cases in House of Lords, this approach is refused. The Court of Appeal in R (Association of British Civilian Internees Far Eastern Region) v The Secretary of State for Defense pointed out that proportionality is not yet ready to be adopted by the domestic law in cases which does not concern about European Union or the European Convention of Human Rights. Thus the traditional Wednesbury test remained as a correct test. Conclusion Despite the fact that the law is still developing and causing some controversies yet if we assume that the judge is willing to accept the proportionality doctrine in Bertram case, we may say that he has a chance of winning his case. This is because based on the arguments which he had mentioned and after considering the true nature or purpose of the 2010 Act, the decision made by Ruffborough Council may be deemed to be unreasonable or disproportion. On the other hand, such decision does violate his Article 8 of HRA 1998. Second Claim The 2010 Act clearly stated that the traffic control measure should be imposed on high accidental area. Hence when the Council failed to exercise its power Bertram may argue that it has failed to comply with the express statutory requirements. By logic, if such failure happened, it should be that the Council’s decision will be deemed as ultra vires. For Bertram’s case, the court will first consider both the general principles of statutory interpretation and the intention of the Parliament in enacting such law. In short, any public authority which has its statutory power exercised in the way which formed contradiction with the Parliament’s intention is going to have its action considered to be ultra vires (R v Pierson). There is a reasonable and logical ground for Bertram or the court to believe that the nature and purpose for the Parliament to introduce the 2010 Act is to prevent further harm, tragic and increase of the accident rate in traffic. Therefore when the Council failed to comply with such expressed statute term, it is obvious that its act contained illegality. On the other hand, by taking the account of European Convention on Human Rights when exercising power or making discretion, the public authorities are required to consider about the demands of the Convention Rights. The decision made by the public authorities will not be unlawful only if they are not able to avoid the incompatibility of one or more provisions of primary legislation. Otherwise their actions or decisions would be illegal for not upholding the Convention Rights. Conclusion As we have mentioned above, Bertram may argue that the Council’s decision has infringed his Article 8 HRA 1998. Thus if the court find the Council has no compelling defense or its decision has formed contradiction with the Parliament intention, it likely that such decision will be deemed to be defective. Third Claim Bertram was expected to be consulted with the Council yet he was not. Again we may say that the Council has failed to comply with the express statutory procedural requirements. As stated above, such failure may constitute ultra vires. Nonetheless we may need to identify if such requirement is mandatory or directory. Based on the fact sheet, we may say that there is a statutory requirement that the Council should have consulted with Bertram before making its decision and such requirement is considered to be invariably mandatory by the courts (Agricultural, Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms Ltd). The court in the case held that the scheme was invalid, as against the mushroom growers since they were not consulted. However the court in the case did not invalidate the whole scheme. Thus, if we apply the test of the Agricultural, Horticultural and Forestry Industry Training Board case, we may say that Bertram has a chance in succeeding his claim. Nonetheless the Council may argue that there is no right to be heard since there will be no difference to the outcome. Support of this augment can be found in Glynn v Keele University and Another. In the case, the court refused to invalidate disciplinary action taken in respect of the student concerned, despite the fact that he had been denied a hearing. The court made such decision on the ground that no matter what he would say would be able to change the outcome. Ruffborough Council may argue that:‘†¦such bodies as significantly represent local communities†¦Ã¢â‚¬â„¢, as the 2010 Act has stated may have referred to the communities which concern more about the local residents’ live- hood issues/living qualities. In other words, Bertram’s association will less likely to be considered as ‘significantly represent local communities†¦Ã¢â‚¬â„¢. Nevertheless Bertram may claim that there was legitimate expectation in him towards the Council based on the previous promise or course of dealing. Like the applicant in t he case of AG of Hong Kong v Ng Yuen Shiu[47], Bertram may argue that he had a legitimate or reasonable expectation to the consultation since the decision made by the Council will eventually affect his interest. On the other hand, similarly with the applicant in Council of Civil Service Unions v Minister for the Civil Service, if there had been regular practice of consultation between the Council and Bertram on matters relating to the impose of legislation in Ruffborough, Bertram will then have a legitimate expectation of being consulted. Hence, when the Council failed to consult with Bertram, we may say that there is a breach of natural justice/legitimate expectation. Such breach may lead to the consequence that the decision made by the Council will be void since it is based on ultra vires. However to determine if a decision is truly ‘void’, the decision will be left with the courts. Available Remedy For his overall claims, if Bertram’s application against the Council is judicially reviewable, he may seek for mandatory order as remedy. The court will order the Council to fulfill its duties since it addresses wrongful failure to act. In short, the Council will need to draw a designated control area at where Bertram live and where it is suppose to be at Ruffborough. Failure to comply with such order will form as contempt of court and it will be punishable. However if the statutory duties are drafted in a wide and vague terms, the court will not grant the remedy unless the compliance with the order can be supervised. Or, the order will not be granted only if the Parliament has supplied a more suitable alternative remedy. [Question 3:] If Clark’s application of judicial review is determined under the traditional Wednesbury test as we had discussed earlier, it is likely that he will lose his case. On the other hand, even though Clark may claim that his Article 8 HRA 1998 has been violated and thus his case should be justified under the proportionality doctrine, yet the doctrine is still controversial and is unlikely to be certainly applied by the English courts. Thereby we will need to seek for an alternation in order to make his claim judicially reviewable. Claim One The enforcement of HRA 1998 has made it becomes unlawful for any public authority to act in anyway which is incompatible with the Convention Rights. Therefore as a public authority is exercising its discretion, it will need to determine if its discretion has form contradiction with the Convention Rights protected by the Act. Such impact incurred by the Convention rights on the public authorities and the scope of judicial review remains in question but we may still have our expectation based on R v Secretary of State for the Home Department, ex parte Quaquah. Hence Clark may claim that his fundamental right has now been affected by the designated area created by the Council. Although it may be true that Clark’s interest has been affected by such legislation however if the court does not find the evidence provided by him has the sufficient ground which can compel with his argument, it is likely that Clarke will lose his case. The actions taken by the public authority can be declared as ultra vires when it has acted on the basis of irrelevant considerations In short, if the public authority has acted without necessary evidence to justify its decision or it is trying to achieve some hidden aim or goal by using a power not intended for the purpose, we may say that it has acted beyond relevant considerations. The basic theory regarded to this issue is laid down by Lord Esher MR in R v St Pancras Vestry. It is true that the public authorities will face difficult task of balancing one set of considerations against another and usually the courts are unlikely to substitute the public authorities’ view with its own opinion. To determine if the administrative action has been legally taken based on the statutory powers, the courts will first consider about the statutory interpretation and the intentions that the Parliament is trying to achieve when certain legislation is being carried out. Therefore if the statutory power has been carried out in the sense which has diverged with any general assumptions regarding to Parliament’s legislative intent, the action is likely to be deemed as ultra vires (R v Pierson). In Clark’s case, it is likely that the court will find the legislation imposed by the Council is to protect the public from as many traffic tragedies as possible. Between Individual’s self-interest and public policy, we may come to an assumption that the court is likely to guard the public policy rather than blindly favour the interest of an individual. Claim Two Clarke claims that the Council allowed the decisions to be taken by Antifume whom received commission to write a report. He may want to challenge the validity of that report. According to S 101 of the Local Government Act 1972, Parliament has stated that local authorities have very large scale of work ranges and duties. Therefore it is impossible for them not to continue their works with delegation of their functions to committees, officers or even other local authorities. However note that the final decision will still be made by the local authorities, and they reserved the rights to exercise their powers. Hence the courts may have an indulgent attitude to the delegation of functions by a local authority. In Provident Mutual Life Assurance Association v Derby City Council, the appellant challenged the validity of the notice issued by the respondent authority on the ground that the notice was made by the authority’s Assistant but not the Treasurer. The applicant’s argument was rejected. Therefore with the decision of Provident Mutual Life Assurance Association case as a guideline, we may come to the conclusion that Clark is likely to lose his claim here. Unless there is significant fault made in the procedural requirement as how it was indicated in R v St Edmundsbury Borough Council, ex parte Walton, otherwise the court will not find the Council’s delegation of power illegal. Conclusions Hence, with all the above arguments and discussions, it is unlikely that Clark will win his case. Therefore there will be no remedy available for him. [Question 4:] Dee may seek judicial review against the Council’s decision of to designate no ‘control areas’ just because the Council wants to save money and ‘as a matter of policy’. Nonetheless the Council may argue about its finance constraints. Generally, a public body must be acting in good faith and to exercise discretion properly. If these two conditions are satisfied, the courts will not intervene. Alternatively, the court will intervene only if the decision is illogical or suggest willful indifference (In R v North Derbyshire Health Authority, ex parte Fisher). However there are cases where statutory context should be concerned. When the statute is drawn in wider, more generalized, terms the court may be able to grant an authority some flexibility.As it was stated by Lord Woolf MR in ex parte Help the Aged cased that that once a need is mentioned, yet lack of resources cannot be relied upon as a reason for not providing the necessary accident. Nevertheless the House of Lords expressed that there were still other ways of providing a reasonable decision. However Lord Browne-Wilkinson said once the reasonableness became narrowed to how a local authority had decided to allocate scare financial resources; the local authority’s decision would be hard to review. â€Å"The court cannot second-guess the local authority in the way in which it spends its limited resources.† Hence, unless the 2010 Act does further stated that the law must be imposed regardless of the financial state of the local authorities, otherwise there is a possibility that the Council will have the flexibility not to impose the law. Or if the circumstances of the case are similar with R v Gloucestershire, the court will likely to alter the Council’s decision. If we presume that the court has decided to make an intervention, mandatory order may be granted as the remedy of Dee’s claim. On the other hand, when any controversial budget decision involves one’s fundamental human rights, the applicant could now claim that the decision is unlawful. Hence Dee may claim that the decision will breach her Article 8 HRA 1998. With the similar theory stated in Question two, if the court found that the decision is inappropriate and does cause violation of Dee’s fundamental right, it is likely that her applicable will be judicially reviewable and mandatory order will be granted as the remedy. Bibliography [Textbooks] Michael T Molan. Administrative Law Third Edition. Old Bailey Press, 2005. A W Bradley., and K D Ewing. Constitutional and Administrative Law Fourteen Edition. Pearson Education Limited 2007. David Pollard., Neil Parpworth., and David Hughes. Constitutional and Administrative Law Text with Materials Fourth Edition. Oxford University Press 2007. Peter Leyland., and Gordon Anthony. Textbook on Administrative Law. Oxford University Press, 2005. William Wade., C.F. Forsyth. Administrative Law Tenth Edition. Oxford University Press, 2009. David Hoffman., and John Rowe Q.C. Human Rights Act in UK: An Introduction to the Human Rights Act 1998 Third Edition. Pearson Education Limited 2010. [Websites] Human Rights Act 1998: Table of Contents. Judicial Review of Administrative Decisions. Wednesbury Principles of Reasonableness: The Law Revisited. Logic Reasoning Though Law Doctrine of Legitimate Legislation. Fiona L, McKenzie, Barrister. Ground of Review. What are Fundamental Rights How to cite Administrative Law Coursework, Essay examples

Community and Sustainability Issues-Free-Samples-Myassignmenthelp

Question: What are some examples of Sustainability Issues you have come across personally or in your Community? Which sustainability scenario have you chosen for your essay, and what is it about this scenario that interests you, and why? Answer: As most of my neighbors are environment conscious, they try to follow environment friendly life style. However, the locality is a populated area, so there will always be some people who will act differently. While some are trying to keep the community as clean as possible, some are littering streets. The biggest sustainable issue of my community is related to waste disposal. Many inhabitants are bothered about recycling. They throw recyclable plastics into the garbage. It is not just the neighbors, the travelers and the motorists also throw wasted food on the streets. I see many abandoned private vehicles at places, which are in bad condition and causing environmental harm. For this essay I have chosen the sustainable scenario of sustainable electricity. Non renewable energy source are mostly used to produce electric energy, which is causing Global Warming. The heat increasing and pollution caused by Global Warming should be one of our primary concerns in order to protect the environment. Instead if we focus more on using renewable energy sources, the carbon dioxide emission will be decreased. A lot of environment friendly people in the world are already using renewable energies like water or solar energy. Even wasted food can be sued to produce biogas which can produce electricity. However, these alternative energy sources are environment friendly but not necessarily sustainable. We have to ensure the economical, social and environmental sustainability of these energy sources to secure the future of sustainable electricity.