The Neighbourhood Principle

Has The Neighbourhood Principle failed? â€Å"My neighbour asked me if he could use my lawnmower and I told him of course he could, so long as he didn’t take it out of my garden. †1 This is the concept which most people tend to associate the word ‘neighbour’ with. However, in the court room, the word makes a decisive shift away from this traditional meaning and endeavours to establish to whom a common law duty of care is owed. The law has expanded considerably by the onset of the concept of foreseeable plaintiffs which is almost 80 years in existence in the UK.It is evasive in determining â€Å"whether proximity should now be regarded as a discrete analytical concept around which arguments may be constructed, or merely as a slippery expression reflective of the fairness, justice and reasonableness of imposing a duty of care upon the defendant in the light of the nature of his relationship with the claimant. † 2 This essay sets out to establish whethe r the neighbour principle was successful or if it has fallen short and where, it will present court decisions, statutes and constitutional provisions pertinent to this area of law.In articulating what was meant by â€Å"the neighbour principle†, Lord Atkin famously stated the following proposition: â€Å"The rule that you must love your neighbour becomes in law you must not injure your neighbour; and lawyer’s question, ‘who is my neighbour? ’ receives a restricted reply. You must take reasonable care to avoid acts or omissions 1 2 Eric Morecombe (English comedian, 1926-84) Hartstone, J. , ‘Confusion, contradiction and chaos within the House of Lords post Caparo v. Dickman’, (2008) 16 Tort L Rev 8 which you can reasonably foresee would be liable to injure your neighbour?The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. †3 His definition was to become the foundation stone of later cases involving negligence and was, in due course, accepted as â€Å"the first definitive test of when a duty of care was owed. †4 Atkin’s statement has given rise to much discussion. At first, some displayed uneasiness at the very wide and flexible terms in which it was propounded 56.It is important to remark that this neighbour principle formed part of the ratio decidendi of Atkin’s judgment but that it cannot be said that it is the ratio decidendi of his decision. â€Å"For although both Lord Thankerton and Lord Macmillan contemplated the addition of new duties to the law of negligence, neither of them attempted to formulate the principle or principles upon which this might be done. Nor is the generalising approach of the neighbour principle appropriate to the criminal law, where precision and certainty are all-importan t. †7 As a consequence of the Donaghue v.Stevenson [1932] case in the UK, the people were given a potential remedy to take against the providers of consumer products even where no privity contract had been in existence between the 3 4 Ibid at 580 Connolly, U. , Tort Law, (Second Audition, Thomson Reuters (Professional) Ireland Limited, Dublin, 2009) at 16 5 Smith v. Howden’s Ltd [1953] N. I. 137 per Lord MacDermott C. J. 6 London Graving Dock Co. Ltd. v. Horton [1951] A. C. 736 7 Heuston, R. F. V. , ‘Salmond on the Law of Torts’, 17th edition, (Sweet & Maxwell, London, 1977) at 198 complainant and the individual or company tortfeasors.If the proviso for ascertaining that a duty of care was met, then such individuals could bring negligence claims in any situation. The dictum was accepted into Irish law in Kirby v. Burke [1944]. 8 The decision in this case â€Å"stands on the boundaries of actionable negligence,†9 and does not contend nor purport to gi ve guidance on the obligations arising from already distinguished duties, or in fact, recognisable relationships – e. g. that of occupier and visitor. 10 Sometimes the particular duty can subsist contemporaneously with the Atkinian duty,11 but sometimes it displaces it. 2 Duties may be divided into those owed to someone else i. e. â€Å"if it was imposed for the benefit of that someone else;†13 and duties owed to no one in particular i. e. if it was not imposed for the benefit of a particular individual but was imposed for the benefit of the community as a whole or for the benefit of some section of the community. †14 In an ever conscious society, there was much need for the modernisation of the law with regard to the wider duties and especially the neighbourhood principle. The Anns v.Merton15 case brought about the ‘two-stage test’ in order to ascertain 8 9 Kirby v. Burke [1944] I. R. 207 Smith v. Howdens Ltd. [1953] N. I. 131, 137, per Lord MacDerm ott C. J. 10 Smith v. Scott [1973] Ch. 314 11 Commissioners for Railways v. McDermott [1967] A. C. 1054 12 Commissioners for Railways v. Quinlan [1964] A. C. 1054 13 Bagshaw, R. and McBride, N. , ‘Tort Law’, (Pearson Education Limited, Essex, 2001) at 3 14 Ibid at 3 15 Anns. v. Merton London Borough Council [1978] A. C. 728 the existence of a duty of care in negligence.Lord Wilberforce initiated the requirement of: I. II. â€Å"A sufficient relationship of proximity based upon foreseeability†16 And secondly, the deliverance of reasons as to why a duty of care should not exist. In 1990, concerns arose with regard to the duty of care. 17 â€Å"Lord Bridge and Oliver in Caparo sought to remove any temptation on the part of the practitioners to view proximity as a discrete legal concept capable of precise application to the resolution of legal disputes. Instead, encouragement was given to view proximity in descriptive terms rather than as a definitive concept. 18 Th is time a three-stage test was introduced to establish a duty of care I. II. III. Foreseeability of damage was required, A relationship characterised by neighbourhood19 And that it would be fair, just and reasonable to impose a duty which would benefit the other party. â€Å"The Caparo tripartite approach made no reference to the concept of policy. Instead, Lord Bridge spoke only in terms of a duty of care being imposed where the 16 17 18 Ibid at 741 Caparo Industries Plc v. Dickman [1990] 2 A. C. 605 Op cit 2 as per judgment of Lord Atkin ‘Caparo v.Dickman’ (2008) 16 Tort L Rev ‘Caparo v. Dickman’ (2008) 16 Tort L Rev 8Lawbook Co. at 13 8Lawbook Co. at 13 19 court considered that it would be fair, just and reasonable to do so. †20 It is also interesting to note that a two-part test is now in place in certain jurisdictions, e. g. New Zealand, for novel fact circumstances where the finding of a duty now has to be balanced against applicable policy mat ters. 21 The two-step test established in Donaghue22 and later developed in Anns23 was that accepted by the Irish courts until 2002 until the decision of Glencar Exploration Plc v.Mayo County Council [2002]. 24 This case marked the adaptation of a two-step test which gave precedence to the â€Å"incrementalist approach†25 that was being applied in the English courts at the time. Implications of the decision in this case made by the Supreme Court became blatant in the case of Fletcher v. Commissioners of Public Works. 26 â€Å"A plaintiff who suffered reasonably foreseeable psychiatric injury, which had resulted from the defendant’s negligence towards him as his employer, was denied the damages awarded to him by the Supreme Court on ‘policy’ grounds. 27 This new approach is much more sympathetic. Since 2005, proximity has once again come to the fore with regards to decisions made by the House, some of their Lordships have adopted it as a â€Å"central ana lytical tool for disposing of appeals. †28 Thus, the notion that this principle of 20 21 22 23 24 25 26 27 28 Ibid at 13 Scott Group Ltd. v. McFarlane [1978] 1 N. Z. L. R. 553 Op cit. 4 Op Cit 19 Glencar Exploration Plc v. Mayo County Council [2002] 1 I. R. 84 Class notes on Negligence authored by Connolly, U. , distributed by Hackett. C. Fletcher v.Commissioners of Public Works in Ireland [2003] 2 I. R. 465 Byrne & Binchy, Annual Review of Tort Law, (2003) at 526 Op cit 26 at 13 proximity could â€Å"have been elevated to the dignity of being a concept in its own right†29 originated. It is subsequently unclear now as to whether it should be regarded as â€Å"a discrete analytical concept around which arguments may be constructed, or merely as a slippery expression reflective of the fairness, justice and reasonableness of imposing a duty of care upon the defendant in the light of the nature of his relationship with the claimant. 30 To bring to a close, the term ‘ neighbour’ and proximity clearly have a much wider interpretation – physical proximity, causal proximity or indeed the denotation of a legal relationship. Furthermore, if this test is satisfied, it is then up to the court to decide whether any policy reasons (or otherwise) exist so as not to acknowledge a duty of care in that particular case. The elusiveness of how this dictum is interpreted may never be resolved. It is the application of policy to novel situations of what is fair, just and reasonable that has instigated the advancement of the neighbour principle.In other fields of law, the broader legal concepts of reasonableness and unconscionability are applied every day. The courts are in a state of uncertainty with regard to the dictum. It is evident that the law has had to expand considerably. So perhaps, in the future, the test of fair, just and reasonable as displayed in the Glencar31 case will be triumphant due to its conversion of the practical, everyday test for negligence into the legal test. Despite having its flaws, it still makes the law comprehensible to all. 29 30 31 Ibid at 13 Ibid at 13 Op cit 34

Black Rage-Book Report Essay

The pages of human history daubed in bloodshed and thickly coated with ethnic, racial conflicts ask a crying question. How to make this Planet Earth heaven -like? The answer is simple and direct. Eyes full of understanding, heart full of love and the life that refuses conflicts—these alone are enough! When an individual or a people of a particular race are constantly nagged and abused, condemned and ostracized by the society, they become bitter and cynical individuals. Heartfelt care and concern, an understanding approach and tender regard for their feelings are necessary pre-requisites to heal their inner wounds. Adequate opportunities need to be created for their ‘reformation’ and ‘rehabilitation’ into the mainstream of the society. The authors feel that it is not an easy task. Each and every molecule of the Negro race is surcharged with the hidden grudge as for the inhuman treatment meted out to them in all walks of life, from the cradle to the grave and from the womb to the tomb and this process continued for centuries. They were branded from birth as ‘niggers. ’ This insult on their personality is difficult to condone. Brief summary of the book: This is a classic work on black identity. This is also criticized as one of the sexiest books. Slavery is no ordinary crime against humanity. The book explains the race relations and its dynamics in the day to day living of the blacks vs. whites. How at each step of the ladder the blacks were pulled down, how they were made to stumble at deliberately created hurdles by the whites, how slavery dynamics deeply impact the cross-racial sexual relationships etc. It is one thing to have freedom and protection for the essential human dignity of the individual legally. It is good to have uniform constitutional rights for whites and blacks. But what mattes is the interpretation of the laws and their applicability to the ground level situations, concerning the blacks. The book is an authentic source of inspiration to the educated younger generation of blacks, and for the African psychologists of the day. The book cites case studies and they are properly dealt with. The point by point analysis of the â€Å"intra-psychic† dynamics of Black life in every day America is extremely informative and an eye-opener. Blacks, in many parts of the world where the whites were the dominating community, suffered, and in USA they suffered intensely. The authors are psychiatrists by profession and they are eminently suited to treat this subject. The inner conflicts and the desperation of back life, how they carry on with their back to the wall existence—all these have been highlighted, with the zeal of pursuing the truth. As the black race is exposed to various social situations related to the individual growth through education, employment, achievement of status in life, the intra-racial problems have begun to crop up with great intensity. The authors cite the case of an educated school teacher, marrying a laborer. They explain: â€Å"†¦She was embarrassed by his poor education. He felt that she and her friends were â€Å"phony† and that she was preoccupied with maintaining senseless appearances. Their mutual hostility led to verbal and later physical assaults. Divorce was the result. This pattern is so common in Negro marriages that it deserves special study, which might shed light on the broader problems of how in America choice of mate and marriage in general is influenced by a person’s blackness. †(p. 75) The authors put forth strong arguments that black people living in a racist, white dominated society have suffered and are suffering psychological pressure by the effects of racist oppression. This sometimes, has the telling effect in on the day to day disposition and black people act in unpredictable manner. The thesis of the book: Will the country ever awake in to that heaven of freedom, and when it will be free from the division of narrow domestic walls created by race prejudices? What you do to mitigate the mental barrier of racial discrimination on so many counts is not important. How you do, what you do is indeed important. More acts and legislations have helped to create a stir in the minds of whites and blacks. But the problem eludes permanent solution. This is so, because the feeling of superiority within the minds of the whites has to change. When the thought process will change, the action process will also change! When the thoughts are changed, the mind is changed; when the mind is changed, the man is changed; when the man is changed, the society is changed; when the society is changed, the Nation is changed. Then only we can way that plenty and prosperity engulfs USA, not otherwise! The contents and arguments in the book contain too much sex, much more than required by the literary standards. But some times, these issues are beyond the control of the authors. Firstly the book must sell. This is the prime objective of the publisher. Fortunately or unfortunately, sex sells. If it is handled well, it sells well. This could be one of the reasons for the extra dose of sex in the book—this may not be as well! This book has about 230 pages with 10 chapters, Who’s angry, the shadow of the past, achieving womanhood, acquiring manhood, marriage and love, character traits, the â€Å"Promise† of education, mental illness and treatment, and how come there’s so much hate and black rage. In a nutshell, the contents of the book discuss and analyze the bitter past of slavery in USA, the tension-ridden race relations in USA today, and the future of black and white race relations which have the possibilities to turn worst, on the slightest provocation, when the black race is making its presence felt strongly, in political, social, and economic spheres. In sports, blacks are dominating! The blacks accepted the domination of the white race-will the whites accept the domination of the black race in times to come? Will the law of divine retribution work in this context? Identify the evidence used by the author to support his/ her thesis That which is evident requires no introduction, elaboration, or appreciation. Light is bright and it is evident. Milk is white and it is evident. Simply say black race in America, and everything is evident. The saga of suffering of the Negro race, the era of slavery, violence and cruelty to subdue their legitimate aspirations rotates on the curtain of one’s mind. The authors of Black Rage do not mince words when it comes to condemning the atrocities committed on the black race. â€Å"The voice of black America has been heard in the explosions of Watts, Newark, and Detroit,† they warn. (p. 3) They assert their aspiration in strongest terms. â€Å"Black people continue to revolt against laws and customs that are deadly and humiliating†¦Aggression leaps from wounds inflicted and ambitions spiked. It grows out of oppression and capricious cruelty. †(p. 3). The younger generation of Negroes is not willing to wait and accept ‘the tactful handling of the situation’ by the whites when their interests matter. The white race is not willing to travel in the boat where the rudder is controlled by the black. The blacks are aware, by their bitter past experiences that the whites will go to any extent when their own interests matter. This causes more frustration and apprehension in the black community and adversely affects their psyche. The example cited in the text is that of Jimmy, a twelve year old boy. â€Å"His face was jet-black, and his expressions ranged from somber to sad. Whether relating stories of home, school, or the streets, he disguised his true feelings. At twelve he had learned one of his first lessons–always play it cool. As much as possible, he worked to hide his inner life. One day he stared long and hard at his fist and said: â€Å"I want to hit a white man. †(p. 59) State your own opinion and ideas about this book. The book contains tough opinions about the white race. To tell a black youngster to forget the past, say that he is constitutionally protected and enjoys equal rights as applicable to whites or any ethnic group is as good as telling him a story. The suffering of the Negro race is something very special and closely linked to the destiny of America. The black can condone the past; they can not ignore or forget it. The whites are not obliging the blacks by the present stance of understanding them. They have no other alternative. They must accept their newfound social position—equal in every respect as compared to the black people and it is their duty to say that the black-brother is first among the equal. They must attempt and secure the transformation within. The writers put it crisply and authoritatively. â€Å"After all, the thoughts begin, the Negro is also an American and if he is different it is only matter of degree. Cliches are brought forth and there is a lengthy recitation of the names of famous Negroes. Long association has bred feelings of familiarity which masquerade as knowledge. But there remain puzzles about black people; all is not understood; something is missing. †(p. 23) â€Å"It is better to have a world united than a world divided; but it is better to have a world divided, than a world destroyed,† said Sir Winston Churchill at the time of II World War. Presently, does this quote apply to the solution for the race problem in USA? USA will never be divided in geographical terms, the Constitution of USA is strong enough, the political leaders have enough foresight, but the example given in the book is shocking and is the definite pointer, how the division of the hearts is complete. How Come There’s So Much Hate? â€Å"When the man died, his wife of forty years was pitied by her friends. The widow was a stern New Englander; her dead husband was a black. In spite of strong social disapproval of their marriage, they had raised children and prospered. There had been some discord between them, but they handled it discreetly and the children had never heard them comment on racial matters. Even when a racial incident was prominent in the news, not a word was said about it. The children assumed that their mother had long since accepted the realities of marriage to a black man. They were completely unprepared for her words when her husband died: â€Å"Thank God that nigger is gone! â€Å"(p. 181) Spirituality, not religion, seems to be the only answer to this vexed problem of race relations. Once a human being crosses the mind barrier, all differences all tensions, cease! Mind is a bundle of negative and positive thoughts. The usual methods of suppressing the thoughts and emotions are not going to bring permanent peace. If the Negro race has to surrender at any point, it has got to be the dynamic surrender, of a supreme and brave human being. They should not accept the supremacy of the white race, nor demand the pound of flesh for the historical misdeeds of the whites. If the revengeful attitude persists, it will take them and the Nation nowhere. If the Nation does not survive how will the black and white races survive?

Digital technology Essay Example | Topics and Well Written Essays - 2250 words

Digital technology - Essay Example With his Star Wars prequel trilogy and his special effects company Industrial Light and Magic (ILM) he has pounded the movie industry over the head with an abundance (in some cases an overabundance) of digital effects. Nearly every shot in each of the three movies contains some kind of digital effect. The volume of work that was produced might lead people to expect a diminished quality of the work since there is so much that was being attempted. But the truth is that the art form of digital effects was improved by leaps and bounds. Beginning with Episode I: The Phantom Menace, the animation and rendering of skin and texture on digital characters and environments was a huge leap. The techniques that were developed in that movie seem to have inspired many filmmakers since to use similar methods. Suddenly, things that were thought to have been impossible to do in a movie were now possible. Filmmaker Peter Jackson realized this, which was one of the reasons why he decided to make The Lord of the Rings trilogy. Digital effects aided him immensely in making his own trilogy. Another way that the methods of George Lucas aided Peter Jackson's team was in previsualization. Previz, as it is usually called, allows a director and effects team to see what shots in the movie will look like before actual shooting begins. Previz used to only consist of storyboards, hand drawn pictures of the shots that didn't move. But Lucas invited Jackson and his team to Skywalker Ranch to have a look at their previz department, which was using computer aided storyboards. They were crude computer models, lesser versions of what would appear on screen, but they allowed for moving pictures instead of the still photos that drawn storyboards are. Based on this one could conclude that The Lord of the Rings movies almost couldn't have been created without the pioneering of George Lucas. This is true, but only in some ways. The work begun by ILM did enable Weta to have a beginning point but they did not simply slavishly copy the techniques. Peter Jackson encouraged Weta to develop their own techniques that built upon the ones achieved by ILM. The main difference between the techniques of both effects houses is the creation of their digital characters. Both effects houses were faced with the daunting tasks of creating digital characters that were important parts of the story and had to give actual performances. ILM had to create Jar Jar Binks and later Yoda while Weta had to create Gollum and Treebeard. But while ILM mainly stuck with the process of key frame animation for creating their characters (with the exception of using the actor Ahmed Best for some motion capture and on set work), Weta used a variety of techniques to bring their characters to life. They used Andy Serkis as an on set actor while filming to give the animators a reference for what Gollum would be like as a character and how he would move around. This also helped with the interaction between the digital character and the actors on set. After filming was completed Andy was put into a motion capture suit to record his movements for the computer. This helped immensely with the animation because every movement did not have to be controlled and created by the animators. It already existed from Andy Serkis' performance. Another method they used was to scan Serkis' face and use it as a model to design the face of the character. Since Gollum retained Serkis' facial characteristics the

Compose one job application using information from the narrative Essay

Compose one job application using information from the narrative below. A Solicited Job application letter in block format - Essay Example I used to supervise in and out flow of the products. I also learned about the shipping lanes, the shipping cost, insurance policies and the restricted goods for different countries. During the summer 2007 I worked as a loader and dock worker in the same company. I know about the high risk of shipping over the ocean and also about loading the containers with or without cranes. So I have all the basic knowledge about the commercial merchant ships, about their speed, design and the crew. I have worked as a laborer as well as a member of the management team so i know the in and out of the whole business. Moreover I am energetic, disciplined and quick learner and have a real gusto for hard work. Thank you for your consideration. Please see my resume for additional information. I can be reached anytime via email jackst@yahoo.com or my cell phone 23456034809. Sincerely, Jack S. Turner

Effects of Globalization on Loogistics Essay Example | Topics and Well Written Essays - 1500 words

Effects of Globalization on Loogistics - Essay Example The main setting of this paper is to highlight the impact of globalization on the current economic environment, with specific focus on the logistics and transport sectors. Nonetheless, the paper bases its argument on the fact that the process of globalization is undoubtedly transforming the logistical strategies employed by service and products providers. Globalization combines various actions and trends, which makes the impact of this process not only complex but also revolutionary. According to the discussion findings the subsequent shift to the global business is driven by the desire to access lower labour costs, despite the exposures such as regulatory shifts and high transportation costs subjected to the organizations. With the onset of global business, revolution, many organizations sell to more consumers in wider geographic locations, hence raising the complexity of the processes required to satisfy each market segment. The wider global customer base presents a myriad of challenges for companies that are accustomed to the provision of standard logistic solutions to a smaller regional-based market. In the global field, nonetheless, customers demand not only for the high and perfect reliability of the delivery but also the customization and subsequent solutions to their problems. The above demands explain the complexities that obligate the organizations to adopt diverse and modern logistical solutions that would enable them to retain the customer base.

Clinical quality and patient safety Assignment Example | Topics and Well Written Essays - 250 words

Clinical quality and patient safety - Assignment Example e leading cause of the occurrence and development of the hospital-acquired infections is the medical practitioners becoming complacent and fail to practice the correct hygiene regularly (Mayhall, 2004). As a nurse practitioner, I would develop a rule that will enhance all practitioners take hygiene seriously. For the rule to be well implemented and to work out comprehensively, I would allocate every section to a practitioner who will be accountable for the hygiene of that section. Any infection that will be occurring in ones’ section due to a preventable cause, the practitioner in charge will bear the cost of treating the infected casualties and also pay a fine. By so doing, all the medical practitioners in that facility will be vigilant of any form of a condition likely to favor the development of hospital-acquired infections. No individual nurse or practitioner will accept to bear the cross of something preventable (Mayhall, 2012). This means that everyone will do his or her best to ensure that the section allocated to him or she is infection free. This will in turn lead to the safety of patients as well as acquiring a clean environment for all the occupants of the

The audit framework Essay Example | Topics and Well Written Essays - 3000 words

The audit framework - Essay Example More focus upon ensuring the independence of the auditors is made. Limitations and restrictions upon the non-audit services provided by the auditors shall remove much of the threat to the independence of the auditors along with the alterations in the mandatory audit rotation. Making it more dynamic and competitive makes the audit market in the European Union much efficient. Encouraging joint audits shall be able to overcome the dominance of the big fours in the market and thus shall increase the competition in the market. The harmonization of the audit standards in the European Union shall be expanding the audit market in the European Union. With the enhanced supervision of the audit sector and much reforms made in the audit sector it shall be affecting various stakeholders and its impact along with the difficulties are elaborated. The long awaited audit reforms have been completed by the EU however now awaits their practical implication it would reveal their impact over the companies. Audit reforms are move that come after the financial crisis that corporates have faced and proximity seen in the relation of the auditors to their clients. Reforms are not only the challenge for the audit firms but also for the companies, they would be required to adapt to new regulations. Some of the factors that would deeply affect companies that undergo are discussed as follow: Even changing of engagement partner was considered auditor rotation however changed reforms require change in audit firm maximum after 24 years including extension period. Companies would have to be more vigilant in their choice of auditor as relationship would be of limited period (more than previous 3 years) and non-audit services would be restricted. Changing of auditors before 10 years would not be appreciated; reforms do not aim to increase the competition in the audit market thus the replacement during first

Purpose statement Essay Example | Topics and Well Written Essays - 500 words

Purpose statement - Essay Example My dream is finally almost being achieved as well as my hard work being paid off with the entry in this program of paediatric dentistry. In preparation for this great career move, I have attained an undergraduate degree in Dentistry as well as diplomas in oral health and child psychology. The child psychology has enabled me gain in depth knowledge about children from the moment they are conceived to their adolescent years and how to handle them, gain their trust and teach them. The oral health education was a preparation to the field to test my readiness and resilience. It yielded positive results as it prepared me mentally on what was expected and how I should approach the mastery of the subject. In addition to theoretical work, I have had the privilege and pleasure to carry out field work in a few hospitals and health care centres where I have worked hand in hand with dentists and seen their work. One of the field experiences had been as an intern in a dentist clinic where I got exposure to the dentistry machines as well as handling patients. Working in a children’s hospital and home gave me time to practice my child psychology education and I found myself more and more attracted to the children, their curiosity, fear and attempted bravery and I found out I had a natural talent with the children. All these have given me enough proof that I can make it in this field of paediatric dentistry. The knowledge I attain from this course will not only be utilized in extracting or filing children’s teeth but I plan on having a series of programs in schools and children’s hospitals. The programs will target not only oral health as pertains to not eating sweets or brushing teeth but will be participative. Children are very brilliant from observation and given a chance, they can teach and ask various questions that bother them on oral health. The teaching and learning will spread also from the children to other children

How does the Saint Leo core value of Respect relate to the Essay

How does the Saint Leo core value of Respect relate to the socio-cultural impacts of tourism - Essay Example It is interesting to me that a few weeks after the bombing of a Coptic church in Alexandria, the uprising broke in Cairo (Stack 2011). A suicide bomber attacked Saints Church as parishioners were leaving after Midnight Mass on New Year’s Eve, killing 21 and wounding more than 100; on Sunday morning, there were demonstrations in the streets of both Alexandria and Cairo, perhaps a precursor of what was to come less than a month later. Shortly after the uprising began on January 25, The Washington Post (Boorstein 2011) speculated about how it would affect Egypt’s minority Coptic Christians, but like most in the media, made no connection to the church bombing. They did state, however, that concern for the Copts were due to attacks on churches in Egypt and other parts of the Middle East like Iraq. The Washington Post reported that Coptic Christians in the U.S. was â€Å"terrified† about the prospect of an Islamist-controlled government in Egypt. 2. Background The Wash ington Post, when reporting on the concerns expressed for the Coptic Christians in Egypt, used the word â€Å"terrified,† an interesting word for a â€Å"non-biased† source to use. Later on, the article downplays the concern. It quotes Joel Hunter, â€Å"an evangelical pastor of a Florida megachurch,† who stated that many younger American Christians â€Å"see the protests as something to celebrate†¦and older, more politically conservative Christians tend to be more skeptical of Islam generally and are worried about how a new Egyptian government will treat Israel.† This statement, however, demonstrates a misunderstanding about the history of the persecution of Christians in the Middle East. The New Years Eve church bombing was not an isolated occurrence. 90% of Christians in Egypt, which are a significant minority (between 5% and 18%), are Coptic, but although it is the largest concentration of Christians in the Middle East (about 7,000), thousands ha ve either left the country or moved to larger cities in Egypt due to the intense persecution. In addition, the Egyptian government has been slow to prosecute crimes against Christians; one of the complaints after the New Year’s Eve bombing was the inaction of law enforcement officials (Von Mittelstaedt 2010). In the American press, however, these events are rarely reported, and if they are, as in the case of the New Year’s Eve bombings, their importance is downplayed. The truth is that although there are 2.2 billion Christians in the world today, 100 million of them live in places where they are threatened or persecuted, and in many areas of the Arab world, brutally. Bishop Margot Klassman, head of the Protestant Church in Germany until last year, has stated that Christians are the most frequently persecuted group in the world (Von Mittelstaedt 2010). The American press seems to find that hard to believe, or at least that is what their lack of reporting about the hundr eds of cases of persecutions against Christian each year seems to indicate. 3. Analysis Newspapers like The Washington Post are supposed to be non-biased, but it is clear from the evaluation of just one article that American reporters have neither the perspective nor the historical knowledge about religion, especially religion in other parts of the world. The writer of The Washington Post article’s use of words, like â€Å"frightened† and â€Å"apprehensive† clearly demonstrate the press’ bias against religion, especially against Christianity. It was as if the writer was saying that older, more

Logistical and dramatic factors to be decided upon in a production of Philadelphia Essay Example for Free

Logistical and dramatic factors to be decided upon in a production of Philadelphia Essay Friel raises issues, explores them to a certain degree. However the end is left open. The play â€Å"Philadelphia, Here I Come!† is both realistic as it presents real life situation, but also expressionistic, trying to dig into Gar’s subconscious. Gar has a choice to make, ultimatum that could vary depending if S.B. was to reveal his true emotions towards his son. Gar lacks the same attribute as his father; the ability to communicate with one another. Gar also failed to make an oral impression on Katie’s father in the past and this element cost him her hand in marriage. We are presented with Private Gar and Public Gar on the stage. Public Gar is the Gar that people see, talk to and talk about. Private Gar is the unseen character, the alter ego of our main hero. Although Public Gar is the only person that can hear Private talk he never looks at him, he cannot look at his alter ego. On stage two characters play Public and Private. One utters what is acceptable and the other utters what he’d really like to say if he wasn’t so inhabited. The central struggle is not between the public and private but between Gar both private and public and his father S.B. Apples don’t fall far from the tree, also outlined in the play by Madge who describes them as â€Å"two peas† that way Gar and S.B. are very similar, they are both afraid and embarrassed of expressing themselves emotionally. Neither one of them wants to look soft nor weak in front of one another, being emotionless proves their masculinity. Gar cannot think straight talking to his father, he contradicts with his thoughts and feels awkward just like he did asking Katie’s parents for her hand in marriage. Eventually we are taken back in time via flashback where we see Gar and Katie in love, they are planning to get married although Gar doesn’t earn enough to support them both, he is afraid to ask S.B. for a rise. Friel made a very deep and realistic attempt to present an ordinary Irish family and problems they are faced with, lack of money in the sixties and most importantly the overdose of masculinity which leads to lack of communication between father and son, issue that may occur in many people’s lives. Music is used to outline the mood changes and current flow of emotions of certain characters; Gar uses a turntable to present his mood and eventually gets frustrated and changes the record to a much more dynamic track, this way author presents the emotions of characters to the audience. The piece of music seems to suggest anxiety, change, and excitement – all emotions that Gar is feeling at that particular moment. This way Brial Friel attempts to dig into Gar’s subconscious. There is a nearly institutional quality to the shades of green, and the dim overhead lighting focuses attention in the central spaces over the kitchen table and Gar’s bed in the two rooms of the split set. Almost everything happens round the kitchen table, Gar’s friends drink and talk, S.B. plays a game with Cannon, Gar talk to S.B. about irrelevant stuff. The entire play happens within twenty-four hours and we are reminded of it throughout by the highlighted clock in the kitchen and clamorous sounds of the clock ticking in between the events. This way, Friel wants to point out the inner conflict of our main hero of the play, his time is running out and eventually, it will be for him to decide whether he leaves for Philadelphia or stays in Ballybeg. This is a play about finding one’s place in the world wherever that might be. Madge clears out some of the unresolved issues by telling us how Gar’s mother died and that S.B. in fact does have feelings but is unable to show them in public, it buggers him and he couldn’t get any sleep the night before Gar’s departure â€Å"It must have been near daybreak when he got to sleep last night†. Even though Gar’s new career in Philadelphia is meant to give him a new life, with lots of money and anything he would have ever wished for. Madge sees this as a way of escaping from Ballybeg and most importantly his father, â€Å"and when he’s the age of the boss, he’ll turn out just the same. And although I won’t be there to see it, you’ll find he’s learned nothing in between time†. Another important relationship is the one between Gar and Katie; they were in a serious relationship when they were younger. Her Father, Senator Doogan refused for them to marry after Gar miserably failed to make a positive verbal impression on Katie’s father. This scene is presented with a flashback where Gar’s mind flows back in time to that particular event. Kathy and Gar are happy together in his vision, Private Gar sarcastically responds to Kathy’s concerns about their possible future and money issues, â€Å"(imitating) how will we live?† Gar often repeated Edmond Burke’s speech on French Revolution â€Å"It is now sixteen or seventeen years since I saw the Queen of France, then the Dauphiness, at Versailles† he eventually realises that all this time he has been thinking about Kathy Doogan, this way Friel dug deep inside Gar’s subconscious by revealing his repression of emotions. In the end we don’t know whether he leaves for Philadelphia or stays in Ballybeg. Friel decided to keep the ending opened it’s for us to figure out whether he has any reason to leave or perhaps stay. In conclusion, Friel uses many stage directions to connect the audience with the characters. He presents us with Private Gar, alter ego that raises many concerns about his inner feelings, which we wouldn’t know about if Friel was to use just Public Gar. Flashback is presented to show previous events from the past in order to get deeper understanding of Gar. Music is outlined in the play to show Gar’s current emotions and their change for example we can tell his mood changes as he decides to play a much faster song. The entire play happens within twenty-four and we are reminded of it by the highlighted clock in the kitchen and clamorous sounds of it in between the scenes. Issue of the lack of communication between Gar and S.B. never gets resolved; we can tell that both of the characters suffer, as they’d like to express themselves. In the end with an open ending and not much gets resolved. It’s up to the reader to put the events in order and make personal judgement on the possible outcomes that may have resulted in the play.

A Pair Of Tickets English Literature Essay

A Pair Of Tickets English Literature Essay A Pair of Tickets by Amy Tan explores the relationship of ethnic, identity, heritage and place and setting. According to Oxford dictionary, self-identity is the recognition of ones potential and qualities as an individual especially in relation to social context. June May the protagonist in this story, denies herself as a Chinese. She was raised in San Francisco as a Chinese-American. Her mother grew up in China and immigrated to America whereas June May born in America and grew with American culture. Jane May has not been raised in China and never had been able to relate to the Chinese way of life or felt Chinese. As she sees the relationships and the style of life, she is able to have a look at the way her both parents had been raised and why they thought and felt different than she did when she was growing. After June Mays mother passes away, June May tries to find her true roots and origin. Initially, Jane May has trouble accepting herself as Chinese despite her Chinese blood identity. She did not understand what her mother meant when her mother said once you are born Chinese, you cannot help but feel and think Chineseà ¢Ã¢â€š ¬Ã‚ ¦ It is in your blood, waiting to be let go (Tan 218).She often felt embarrassed by her mothers behavior. June May was born in America and goes to American school. She starts to claim herself as a part of American by making friends with Caucasian. As educated under American culture, she thinks in an American way. Therefore, she wants to be more associated with her Caucasian friends. Ethnic minority members have actually learned and acquired Western values and patterns in their behavior. The ways in which people express their emotions and interpret the facial expressions and bodily gestures of others are instances of such psychological features (Fong 265).She denies her Chinese identity as she does not want to be an outsider in a foreign count ry and wants to be more associated with Americans in Americans way. She does not want to follow her mother by being Chinese as it embarrassed her by haggling with store owners, pecking her mouth with a toothpick in public, being colour blind to the fact that lemon yellow and pale pink are not good combination for winter clothes(Tan 218). She feel embarrassed by doing so in public as people will look down at her and does not want to be stereotyped by Americans. She does not admit herself as Chinese. Since June May is primarily ignorant of Chinese culture, she assumes that the stereotypical behaviors that her mother sometimes expressed are representative of what it means by being a Chinese. June May begins to accept the reality of her being a Chinese when she travelled to China with her father. At China she start to realize how her mothers past influenced her present life. She also realizes that her family history is in China. The story begins when June May enters Shenzhen, China and she starts to feel her cultural identity changing, I feel different. I can feel the skin on my forehead tingling, my blood rushing through a new course, my bones aching with familiar old pain. And I think, my mother was right. I am becoming Chinese (Tan 217). Upon arrival, she becomes nervous and try to assimilate there is a conflict because her thoughts seem to go back and forth between being Chinese and continually questioning heritage. She begins to realize her mother was right because her mother was reflecting how much her family had to go through and leaving her life in China to go to America. According to Harold Bloom who cites Ben Xu wrote She once associated with being a Chinese, wh en she was unable to understand what her mother said that a person born Chinese cannot help but feel and think Chinese(Bloom 55).Jing Mei begins to understand the other side of her mother, and the strength of her soul on the way to Guangzhou... their mother-their mother was coming, whereas my mother was dead.(Tan 220).Jane May even saw her father crying as he has so much history in China. She was surprised with her fathers reaction as she understands what does family attachment means. This view is evident in line And I cant help myself. I also have misty eyes, as if I had seen this a long time ago (Tan 218). She felt the difference once she entered the city because she realized she did not accept herself as a Chinese. She realized that she did not embrace her culture when she was growing up as she told herself at the age of fifteen that she was American. Once Jane May and her father disembark from the train, they must wait in the line to be processed through customs. That incident reminds Jane May of her waiting for a bus in San Francisco. She remarks I am in China, I remind myself (Tan 222). This shows that she still reaching back for a sense of familiarity. She has not reached the place where she has fully embraced her roots. She questions herself whether the customs officers will believe that her passport is truly hers as she is heavily make up in the picture. For that day, she is without make up and perhaps they will think she is a true Chinese and it is a forged passport. I wonder if the customs people will question whether Im the same person in the passport photo. In this picture, my chin length is swept back and artfully styled. I am wearing false eyelashes, eye shadow, and lip liner (Tan 222). As quickly that thought comes to mind, Jane May dismisses it because she rationalizes, within her own mind, that her height is much ta ller than most Chinese women. I stand five-foot-six, and my head pokes above the crowd so that I am eye level only with other tourists (Tan 222). She is complicated with her past and her current life. It is clearly shown when Jane May was completely westernized; throughout her life in America and Jane Mays mother did her best to instill in her the identity of a Chinese. Jane May only a few minutes later introduce herself to her family by her Chinese name, Jing Mei although her passport reveals her American name of June May. This marks the beginning of her acceptance of her true identity as a Chinese woman. She still struggles to accept all these strange encounters. There is another indication of Jing Meis American upbringing and her lack of being current on Chinese modernization and culture when she visits the hotel. The taxi stops and I assume weve arrived, but then I peer out at what looks like a grander version of the Hyatt Regency. This is communist China?(Tan 226). She exclaims! Americans culture tends to instill in its citizens a mindset about other cultures particularly those to which are antagonistic and Jing Mei is the example of how we sometimes think we are the only ones who have certain things or certain experiences. When she sees things are very similar, she begins to accept all the things that represent Chinese culture. Strangely enough, she begins to envision her first Chinese meal of a big banquet with one of those soups steaming out of a carved winter melon, chicken wrapped in clay, pecking duck, the works. However it is ironically hamburgers, French fries and apple pie, the stereotypical American dinner ( Tan 227). Jing Mei discovered herself more when her father shares a time of intimate story telling about Suyuans (Jing Meis mother) heartbreaking journey from China to America during Japanese invasion and how her mother was forced to leave behind her twin daughters back at China due to her sickness and also starvation. Finally, Jing Mei discovered the meaning of her mothers name, Suyuan which means long cherished love. After Jing Mei gradually understands her mother and about her sisters, she gains respect towards her mother as she learns the battle her mother has fought to get to America and she slowly realizes how important it is for herself to meet her half sisters, Chwun Yu and Chwun Hwa. When Jing Mei arrived at Shanghai, Jing Mei met her twin sisters. It is cherished wish that her mother dreamt of Jing Mei eventually meets up with her half sisters and realizes that they all resemble their mother.

Halting Mad Cow Disease Hysteria Essay -- Health Food Disease Meat Ess

Halting Mad Cow Disease Hysteria If you had to choose between having Mad Cow Disease or becoming the top scientist in your field, which would you choose? The answer is obvious. Most realize that Mad Cow Disease, i.e. Bovine spongiform encephalopathy, is a fatal disease that has been present among cattle populations in Europe over the past couple decades. In BSE, brain cells begin to die, forming sponge-like holes in the cow’s brain tissue. Evidence shows that consumption of infected cattle could correspond with the contraction of Creutzfeldt-Jakob Disease (CJD), a similar disease in humans. Although few people have been diagnosed with CJD worldwide, they remain fearful of showing symptoms of CJD; commonly resulting in death within a year. For this reason, many Americans panicked when becoming aware that the first case of BSE was discovered in the United States in December of 2003. Unfortunately, the media is quick to show infected cows, distempered and shaking in their stalls, without giving sufficien t information of the disease’s origin or the preventative measures being taken to halt its spreading. Before consumers restrict beef intake from their diets they should consider their risks. In America, chances of developing BSE is far slimmer than becoming infected with other food-borne illnesses. Although many Americans were recently startled by a reported case of Mad Cow Disease in the United States, they are assured protection from infection by: consumption of selected meats, closely guarded packaging plants, and regulation in beef imports. To fully understand the spreading of BSE, one must first know the diseases origin. The cause of the disease is not official, but three theories are considered. The fi... ...eats contact. Finally, families who eat spinal or nervous tissue of cows can greatly reduce their risks of developing mad cow disease by not purchasing such items. The beef industry is willingly under surveillance, making all attempts to produce safe and healthy products. American residents should be assured that all necessary precautions have been taken to keep Mad Cow Disease out of the United States and consumer-friendly beef on market shelves. An excerpt from the FDA Consumer Magazine leaves the nation with this very â€Å"important message from both the Harvard and GAO studies. . . We must continue to work hard to make a good system even better. The FDA and the states will continue their aggressive inspection program and will continue to work closely with all components of the cattle and feed communities to help make a, thankfully, low public risk even lower.†

Hyenas :: essays research papers fc

In the world of animals, there are a lot of unique animals, but the Hyena is the real animal that stands out. Its massive jaws can crush the bones of its prey and usually it eats the whole carcass of its prey. They scientific name for the Hyena is Crocuta Crocuta. They Hyena mostly live in Africa, south of the Sahara, but except in the Congo Basin. Also large numbers of Hyenas live in Ethiopia, British Somalialand, and Ngrongoro Crater. Their habitat is usually a flat grassland. It is mostly dry and sometimes rocky area. There are few trees or plants. Mostly there are shrubs. There are also some mountains in the region. The Hyena eats mostly wildebeests, gazelles, zebra, buffalo, rhino calves, and most species of ungulates. The Hyena mostly gets its food by hunting packs or alone, or by scavenging after kills of other animals or other Hyenas. The hunting usually takes place at night when they are most active. When the kill their prey they rip their prey from limb to limb and usually eats the whole carcass of its prey. To do that Hyenas massive jaws contains teeth so strong and so sharp to crush bones of its prey. Hyenas store their food underwater to to hide from other carnivores stealing the left over meat. One Hyena can eat up to 14.5 kilograms of meat per meal. Hyenas can spot and will usually try to hunt the young, weak, diseased, injured, or dead prey, but if drove extreme hunger it can take down a full grown male lion. The Hyena natural enemies are the lion, wild dogs, leopards, cheetah, and jackals. The Hyena is very competitive with the lion. They both try to take bit of each others kills, but most of the time a Hyena kills its prey, the lion comes and starts eating and the Hyena has to wait. Like the lion hyena tries to take bit of meat from the leopard and cheetah kills. Jackals often annoy Hyenas and try to take bits of meat from the Hyenas kills. The Hyena protects it self in its habitat by the spots on it back used for camouflage. Also if attacked its massive jaws can crush the bones of its attacker and the Hyena is capable of running down and killing an unaided bull wildebeest, 3 times its own weight.

Difference Between Plutarchs And Shakespeares Caesar :: essays research papers

Difference Between Plutarch's and Shakespeare's Caesar Julius Caesar was in a precarious situation. It could be interpreted that he deserved the fate that pursued him for ambition or some other reason, or that it was a cold murder for which he did not deserve. Both Shakespeare and Plutarch wrote about Julius Caesar. Each tells the story a little differently. Plutarchs version is more sympathetic to Caear's situation. Shakespeare shows him to be an insensitive and conceited person thinking only of himself. This is shown by his reaction to Calpurnia's dream. After her description of her dream he says, "Caesar shall forth. The things that threatened me Ne'er looked but on my back; when they shall see the face of Caesar, they are vanished." This attitude to a warning implying that he was given fair warning and his death was partially due to his over confidence. On the other hand Plutarch gives him a more sensitive reaction to the dream in saying, "Caesar himself, it seems was affected and by no means easy in his mind." Moreover, Plutarch's writings show the long string of coincidences almost as Fate were deeming it necessary for him to die, and that he had no control over it. "...the scene of the final struggle and of the assassination made it perfectly clear that some heavenly power was involved...directing that it" (the assassination) "should take place just here. For here stood a statue of Pompey..." This stating that Caesar's murder was the deceased Pompey's revenge for he was killed by Caesar. Whereas, Shakespeare does not say anything about the statue and shows the same coincidences in the play as warnings to him that out of his own stupidity he did not take. Lastly, after Caesar's death the Romans were enraged to revenge him at

People All over the World Prefer to Watch Foreign Films

Foreign films such as the Hollywood blockbusters have been prevailing globally and enjoy a wide range of fans, which poses a tremendous threat to the local film industry. A comprehensive analysis concerning the reasons of this phenomenon and whether the government should provide financial aid to support the local film industry will be discussed in this essay.Why such a substantial number of people are willing to see foreign films are mainly attributed to three factors, including the fine production, human beings’ nature and individuals’ needs. The first and foremost reason is foreign films, especially those blockbusters are constantly involved with the advanced elements, such as the amazing visual effects and acoustics, which largely helps the films, like The Smurfs and Avatar, to win a sizeable percentage of audiences throughout the world.Born to be curious about all fresh ideas and exotic cultures, people could obtain a substantial number of information through seeing a foreign film. This would satisfy human beings’ nature of curiosity. In conjunction to that, individual purposes, such as going abroad to have further education might be another factor that needs to be taken into consideration, for seeing a foreign film where actors and actresses all speak the native language might be the best way to master this language.However, the locally produced films seem to reach a bottom in comparison with their foreign counterparts and it is highly suggested that the local government financially support this industry. On the one hand, films are the carrier of a country’s culture. Supporting the local film industry will enable the widespread of its culture and this seems an essential approach to help a country be more powerful in the world.On the other hand, the boom of this industry would, to a large extent, produce an increasing number of job positions and consequently, the unemployment rate in this country might substantially decrease, whi ch will contribute to its social stability. In conclusion, it is reasonable for foreign films to enjoy the popularity at an international level in terms of the merits that they may possess; while it is also necessary for the local government to support the development of local film industry through all possible manners, financially, in particular.

Individual Privacy vs National Security Essay

Introduction Since the terrorist attack of 9/11, America has been in a high level conflict with terrorist around the world, particularly the group known as Al Qaeda. There has been many discussions within the U.S. Congress about the measures of how to effectively combat this organization and their members, here and abroad. Consequently, the issue of individual privacy vs. national security has generated discussions within the civilian and government sectors. To date, the discussions continues with many private citizens who feels they are constantly losing their privacy , when will it end, and how long will it continue. In this report, it will discuss where privacy issues began and where the public see individual privacy vs. national security come together in its most recent society. Do the public succumb to total governmental control, or do they propose continued debate in the nation’s process of the national security process. There are always two sides of a story, the pros and cons, the laurels and pitfalls, or the good and the bad, and for the public, it has to decide which side in each of these is the right side it feels is the best possible side to be on. One hand, national security is decided by the government to protect its citizens, by the measures it puts into place it feels is necessary, and what duration these measures will be in effect. On the other hand, the level of security and safety is set without discrimination to all. This results in the dilemma of the battle between individual privacy versus national security issues, that are essential to the individual, the public, and government. The Claim: What privacy should an individual lose to protect against terrorist because It gives society a level of feeling protected by the protections in place. The public can only maintain a limit of safety by giving up a degree of privacy to governmental agencies in order to protect this basic need; and it is a trade off to give up a certain amount of privacy, but not complete privacy. Justification of Claim: The justification of the claim is that it is prudent and the right of the public to debate the process of privacy, which the public has come to rely on for many years. Even though limited under the constitution, privacy rights and national security is important to the country’s citizens on all levels of government. The Bill of Rights is the area where citizens’ rights are specified, and over the years of war, and specifically after 9/11, citizens have seen and felt an erosion of their rights. Constitutional protections of individual rights not expressed specifically by the Bill of Rights is being at best controversial, (Linder 2012a). Many originalists, including most famously Judge Robert Bork in his ill-fated Supreme Court confirmation hearings, have argued that no such general right of privacy exists. The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the â€Å"liberty† guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of medical treatment. Polls show most Americans support this broader reading of the Constitution, (Linder 2012b). Looking forward under this decision, each citizen relies on its government to maintain a fair level of protection and security as well as maintaining a balanced level of privacy. The justification for this claim shows how the rights of individuals is a must, within the American society, compared to the national security of the country’s territory and a balanced approach it must give to its people within previous rulings. Individual Privacy vs. National Security After 9/11 a set of laws was set in place to protect us from Terrorism and terrorist attacks and placed under a new governmental act called the Patriot Act. With the past occurrences of 9/11, with the airlines planes crashing into the twin towers in New York City, and the Pentagon, it was not hard to convince the public this action was not needed. The residing administration presented stacks of follow-up attacks to Congress from experts and officials on a daily basis with grim pictures or scenarios of possible attacks on nuclear facilities, schools, shopping centers, and  others alike, that the public saw measures in place as acceptable and adequate, (Downing 2008a). Downing further states; Americans have seen their privacy and other rights curtailed in previous wars but the present-day privations are unfounded only in the duration of these rights. Just how long will the duration of war on terrorism and rights last, it has already lasted longer than any other US wars. Further sources of concern to the public, are the rich array of devices and techniques of the government, such as improved computer programs, databases, and surveillance gear, never before used in previous wars and never devoted as resources to any state or its partners. What if any remedies are there in the political system in the privacy of individuals versus national security protections and concerns? The courts have narrowed away some of the concerns, but the bulk of these powers, many of them are still persisting. Congress has been hesitant to amend passing the Patriot Act and its follow-ups, due to fear of being labeled unpatriotic, but also for fear of being blamed for further terror attacks. So far, no president or presidential candidate will probably seek to curb the purview of the Committee on the public safety, nor hardly mention future changes. Privacy, like its colleague individualism, has been in decline anyway †Ã¢â‚¬Å" putting up only token resistance here and th ere against mass society, a corporate-based economy, and relentless bureaucratization. So perhaps the war on terror requires us to bid a fond adieu to privacy and send it off to government bureaus for safekeeping. They broke it, it’s theirs (Downing, 2008b) According to laws enacted by the government after recent terrorist activities, it has the right to eavesdrop on telephone communications, monitor online communications of suspects, and incorporate surveillance on anyone it feels is a threat. With recent attacks upon American soil and the loss of thousands of lives, law enforcement agencies have asked for broader and pervasive laws to counter security challenges. Some have asked if these changes will impact the privacy of its citizens, and indeed over the years, history has shown the rights and liberties of citizens have been curtailed and in some instances revoked completely. One example, during World War II 120,000 Japanese Americans were forced into internment camps. Nowhere in the U.S. Constitution is there a harmonization-of-laws guarantee, by definition (An adjustment of differences and inconsistencies among the difference of  measurements, methods, procedures, schedules, specifications, or systems to make them uniformed to or mutually compatible with). In 1803 Chief John Marshall said in his opinion Marbury v. Madison, the Supreme Court is the final arbiter of â€Å"what the law is.† 2003 Tracy Mitrano Marshall also stated, that settling the duties of inconsistencies, disharmonizations, and contradictions falls to the duties of the Court, which in its practices, means that many such problems may go unaddressed for years and some of the controversies may never be resolved. Complications and constitutionally are thought of as checks and balances, and the cost of checks and balances systems are weighed in confusion and consternation and capricious that have the appearance of resolving conflicts once and for all. Before we go deeper into the analysis of the legislation, let’s examine the following terms of privacy and security. The American Heritage Dictionary defines privacy as secluded from sight, presence or intrusions of others, confined to one person. There are those who have pointed out that nowhere in the constitution the word privacy appears. The word security comes from the Latin word Securus, meaning carefree. Definitions of security begin with freedom from danger, risk, harm, etc. No matter what measures are taken to assert security, no one should think the outcome would mean complete freedom. Notice how the definition of the word security, implies that its function is as the means to quality, freedom, no less and not as an end to itself, as balance is the key. The American history provides us a variety of examples of how that balance has shifted over time. The Alien and Sedition Acts of the 1790s were the first example of a federal law believed to have thrown off the balance in favor of security over civil liberties, designed to silence and weaken the Democratic-Republican Party by the Federal P arty. To protect the new United States from an antagonistic French Revolutionary government as legal devices over the Naturalization Act, that actually backfired, ensuring the Revolution of the 1800’s to expire. This episode stands as a lesson of federal legislative overreach-political impulses of legislation touted as patriotic and necessary for national security, and the dissolving of the Federal Party. The internment of the Japanese, remains the opposite of Roosevelt’s emergency measures, which were the most shameful of all mistaken emergency legislative measures. As in each case of emergency legislation that protects national security, it also  curbs civil liberties and must be interpreted in context of a very complex history. Acts and organizations such as FERPA, HIPAA, and FSMA shares the purpose of preserving the privacy of records in keeping with the foundational tenents of fair-information practices. These fair-information practices are as such are transparency, relevancy, the ability to correct records, institutional obligations to maintain records of disclosures and provide notice to subjects, and finally, the security of those records. Dealing with paper records years ago, under FERPA regulations, colleges and universities now are struggling with the task of bringing electronic security up to the same level of confidentiality and availability. Due to the creation of IT security programs-which include policies, procedures, guidelines, risk assessment, and education/training-corresponds to new legal developments such as FMSA and HIPAA, which raises the specter of liability, legal requirements should also come as an encouragement for IT professionals. Intrusion-detection and -response plans require leadership, articulated practices, enforcement polices, and education within the campus communities, all of which relevant hardware and software as well as highly trained personnel to address these matters adequately and professionally. Sharing-of-information legislation, under national security, such as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (the USA- Patriot Act) and the Homeland Security Act pulls in a direction contrary to privacy legislation. It is the longest piece of legislation of emergency legislation, well over a hundred pages, passed in the shortest time period, in all American history. It comes with three overall goals: (1) to enhance government to government information sharing (by lifting regulations that had monitored law enforcement relations between federal, state and local authorities, (2) to allow government surveillance and encourage private entities to share information with the government (by alleviating legal liability); and (3) create and expand existing criminal law design to fight terrorism (by adding specific provisions and expanding the definition and powers of existing legislation. So vast is the reorganizatio n of the federal government under this act , the implications have yet to be spelled out. But there are two are already along with, the Student and Exchange Visitor Information System (SEVIS) program, which requires every college and  university to report, abuses and fraud crimes, specifically allowing the death penalty for any abuse, (i.e. hacking) that results in serious physical injury or death. The second is the goal of the USA-Patriot Act-government surveillance and these two aspects of the Homeland Security Act have the most direct impact on scholarship and research, libraries, and IT resources in higher education. (Tracy Mitrano, 2003) Further in notations of privacy and national security, (Bajaj and Austen 28 Sep 2010) report, the United States and law enforcement and security agencies have raised concerns with new proposals electronic powers to track terrorist and criminals and unscramble their encrypted messages through e-mail and other digital communications. Officials from India have also stated they will seek greater access to encrypted data sent over popul ar Internet sources such as Gmail, Skype and other sources such as private networks that allow users to bypass traditional phone line links or logging in to remote corporate computer systems. Some have said that India’s campaign to monitor data transmissions within their borders may hurt other important national security goals: by attracting other global businesses and becoming a hub for technology innovations. In another report by, (Kandra, Anne; Brandt, Andrew; Aquino, Grace Jan 2002) Federal legislation passed in October gave investigators more tools for apprehending terrorists. Proponents of the law said it was needed to protect ourselves. Opponents said it will threaten our constitutional rights. But whatever position you take on these issues, it is important to know how the new laws will affect everyone’s lives online. They continue to report, the Patriot Act is complex and powerful, and it also broadens the definition of terrorism and increases the penalties for the crime of terrorism. Some of the more drastic changes in the law involve electronic surveillance. The act allows federal investigators to implement more powerful tools to monitor phone call s, email messages, and even Web surfing. What are the implications of this new type of surveillance for your Internet privacy? It is difficult to say exactly. The Patriot Act is vague on many key points, and understandably, law enforcement officials are not eager to show details about tools like the controversial Internet surveillance system, DCS1000 (and more commonly recognized by its previous name, Carnivore). â€Å"One of the biggest issues with Carnivore is that we don’t really know how it works,† says Ari Schwartz, associate director of the  Center for Democracy in Technology, a nonprofit group based in Washington, D.C., that focuses on preserving privacy and civil liberties on the Internet. What are the implications of this new type of surveillance for your Internet privacy? It is difficult to say exactly. The Patriot Act is vague on many key points, and understandably, law enforcement officials are not eager to show details about tools like the controversial Internet surveillance system, DCS1000 (and more commonly recognized by its previous name, Carnivore). â€Å"One of the biggest issues with Carnivore is that we don’t really know how it works,† says Ari Schwartz, associate director of the Center for Democracy in Technology, a nonprofit group based in Washington, D.C., that focuses on preserving privacy and civil liberties on the Internet. It is probably a fair assessment to say that joking when sending an e-mail about planting a bomb is not very good idea these days, and researching biological terror techniques over the Internet is not conceivably a good idea which would also draw suspicion. (Kandra et al., Jan 2002) Under the Patriot Act Amendments, the FERPA Act has a health and safety exception. It is well known to students and administrators, who invoke it to look at a student’s record in the case where a student is missing and police hopes to find clues to the student’s disappearance from their e-mail. The Patriot Act added a new terrorism exception design to protect the health and safety of everyone e lse. It is worth noting the broad definition of domestic terrorism, meaning activities that involve dangerous acts of human life, that are in violation of the criminal laws of the United States or any state, that appear to be intended to intimidate or coerce a civilian population or individuals, influence the policy of a government by intimidation or coercion , or affect the conduct of a government by mass destruction, assassination, or kidnapping and occur primarily within the United States. Within the principal of the Homeland Security act, its job is to reorganize a significant amount of the federal law enforcement and immigration and naturalization bureaucracy under the roof of one central agency, which grew out of concern that compartmentalization federal intelligence and law enforcement structures did not permit adequate study and intelligence and warning. The Homeland Security Act has already had a noticeable impact on immigration. The Student and Exchange Visitor Information System (SEVIS) a mandatory government issued program that tracks  the whereabouts of visiting foreign students attending colleges and universities. The concept is nothing new, as there were widespread disuse of bureaucratic disorganization from within the INS. The Patriot Act echoed the existing INS laws to require mandatory reporting and enforcement, and the Homeland Security Act passed on the baton. Civil privacy legislation that includes security legislation such as FERPA, HIPAA, and FSMA should be the rule. National security information sharing and anti-terrorist legislation, such as the USA-PATRIOT Act and the Homeland Security Act—should be the exception. With the USA-PATRIOT Act divergence from traditional constitutional standards, there have been many people who are concerned that the exceptions may soon swallow the rule. Tensions between these two types of legislations speaks to the more general concern of the American society at large, about a reduction of privacy overall, whether caused by changes in the law, in social norms, or in the very nature of information technologies. Even today with new technology its task has grown and evolved in recent years, and over the past three decades, the challenges have grown to protect individual and personal privacy, and to curb privacy violations. In general, several surveys and polls that were taken seem to suggest that the public feels there has been a loss of privacy and intrusions and the backdrop behind these new proposals could potentially impact privacy and civil liberties on a greater scale. Analysis from an ethics point of view, there are major concerns under national debate on tensions between privacy and security. Below are the following measures of security being proposed and public, personal and privacy issues under consideration. 1. Stricter security measures at airports, ports, points of interest in the U.S., and gathering places such as stadiums, and other large mass venue, (A) Extensive checks of baggage, personal searches and vehicles, (B) Intensive custom and immigration checks, (C) Restrictions within airport areas and certain public places, (D) Additional spot searches and personal property checks in key public areas, (E) Increased surveillance and monitoring of movements in key public areas. 2. Detailed, accurate identification and verification of identities and background,. (A) Mandatory issuance of national identity cards for all people, (B) Increase use of facial profiling systems for assessment of potential suspects. 3. Increased surveillance of all communities. (A) Monitoring via Internet  (‘Carnivore’}wireless, wire-lines, satellite, etc., (B) Broader wiretapping powers, (C) Broader (and possible indefinite) detention, arrest, and asset seizure powers, (D) Authority for blanket searches, secret searches, (E) Website activity monitoring and data collection, (F) Access to personal and business records of all kinds. 4. Tighter immigration laws to screen immigrants/visitors more thoroughly, (A) More thorough screening of credentials and backgrounds of visa applicants, (B) Tracking of movements of immigrants and other visiting foreign nationals through databases. (Krishnamurthy, 2001a) CRITERIA FOR ETHICAL DECISION-MAKING: (See additional charts posted be low by Krishnamurthy). POSSIBLE ACTIONS The proposed increases in security measures may be beneficial for the good of everyone if implemented in an impartial manner regardless to race, ethnicity, religion. Accountability and transparency in law enforcement procedures, especially on privacy issues must continue to be preserved, despite recent attacks. The judicial system must be empowered to deal effectively with all abuses of proposed security measures with regards to protecting the constitutional rights and liberties of all its citizens. It must also ensure anyone accused has adequate legal representation and a fair chance to prove their innocence. Ensure that the current atmosphere of rich ethnic and cultural diversity environment of the country with one another is not compromised. 1. Assess that this is a real and tangible problem we are facing. 2. If so, can it be handled without impacting/violating privacy at all. 3. If not, can it be handled by making it as less intrusive as possible. There are possibilities that additional lengthy investments for public infrastructure needed to be made nationwide to expand capability of existing systems or newly incorporated systems to handle the challenges. 5. VIRTUES APPROACH GOALS: A focus on individual development of virtues A thoughtful reflection on self-realization of human potential The developing virtuous habits and attitudes leading to ethical action throughout the communities. POSSIBLE ACTIONS An assessment of whether the proposed measures will reinforce positive virtues we hold important, such as our patriotism, self-sacrifice, compassion, patience and courage, or whether these options could harbor destructive traits leading to religious intolerance, less compassion, racism, fear, and suspicion. To impress upon more awareness through debates and discussions across the nation to distinguish religion from universal human values of peaceful co-existence, mutual respect, and non-violence, and  human dignity. To focus on cultivating tolerance, compassion and patience (Krishnamurthy, 2001c). The following abstract articles shows and or explains further privacy and security issues since the terrorism of 9/11/2001 put in place as part of measures private citizens may need to become accustomed to in their part of loss of privacy rights in their security of national security. Security and Privacy After September 11: The Health Care Example Abstract: The following article examines the collaboration between privacy and security in relations to the medical rule, issued in 2000 under the Health Insurance Portability and Accountability Act (HIPAA). Studies shows that the HIPAA stands up well to concerns of post 9/11 era. Affairs about public safety are met by current provisions that permit revelations to protect national security, to react to emergency situations, and to respond to law enforcement investigations. The article examines in particular detail the envisioned Model State Emergency Health Powers Act, sketched in the wake of the 2001 anthrax attacks. It has been argued by Professors Lawrence Gostin and James Hodge that this Act is justified by a new â€Å"model of information sharing† for medical information purposes. This article concludes that public health concerns are suitably addressed by the existing HIPAA rule, and that a â€Å"model of information sharing† sends completely the wrong signal about how the health system will handle issues of data privacy and security. More generally, the article investigates positions of â€Å"security vs. privacy†, where both values are antagonistic, and situations of â€Å"security and privacy†, where both values work together. (Swire and Steinfeld January 22, 2003) Civil Liberties vs. Security: Public Opinion in the Context of the Terrorist Attacks on America Abstract: This abstract article discusses, in the tradition of research on political tolerance and democratic rights in context, this analysis uses a national survey of Americans directed shortly after the September 11, 2001 attack on America to study people’s eagerness to trade off civil liberties for grander personal safety and security. We find that the bigger people’s perception of threat, the lower their endorsement for civil liberties. This  effect interrelates, however, with trust in government. The lower people’s trust in government, the less willing they will agree for a trade off of civil liberties for security, regardless of their perceptions of threat. It is known that African Americans are much less likely or willing to trade civil liberties for security than their counterparts of whites or Latinos, even with other circumstances taken into account. This may be their long-standing commitment of their struggles for human and civil rights. In matters of party issues, liberals may be less likely to trade off civil liberties than moderates or conservatives, but liberals tend to converge toward the position taken by conservatives when their sense of the threat of terrorism becomes high. While this is not a projection of the future, the results suggest that Americans’ commitment to democratic values is greatly dependent on other concerns and that the context of a wide-ranging threat to national or personal security can provoke a considerable readiness to give up rights. (Davis & Silver, 2003) Mobile cameras as new technologies of surveillance? How citizens experience the use of mobile cameras in public nightscapes Abstract: In surveillance studies using mobile camera technologies in public nightscapes, terms such as sousveillance and inverse surveillance define forms of surveillance that have a bottom-up and democratic character. On the other hand, in this paper this democratic notion is queried by looking into procedures and occurrences with both Closed Circuit Television (CCTV) and mobile cameras by Dutch citizens. By superseding in the nightlife district of the Rotterdami city centre, data has been collected on both mobile and CCTV camera confrontations. From this, an investigation is made into how mobile cameras are practiced in the Nightlife landscape. Comparing these practices with CCTV provides understanding into new surveillance issues that come into view due to the mobile camera. Analyzing surveillance technologies, provides prospective as hybrid groups, that may take different shapes in different places, and allows for involvements that attempts to improve our perception of current changes in the surveillance technology landscape. (Timan & Oudshoorn, 2012) The Spy in the Cab: The Use and Abuse of Taxicab Cameras in San Francisco Abstract: Since 2003 security cameras were required in San Francisco taxicabs. Their story has come to contain many features that are familiar to surveillance examinations. Their acceptability is explored of the trajectory using the concept of surveillance slack, and the stages and tensions where the line of use and abuse is has been drawn. The effectiveness of what the cameras are perceived to be doing, the integration of its use, and how the slackness or tautness of surveillance interacts in tension and conflicts. Since its first introduction, the new technology initial reaction was met with moral panic. This is just another element of privacy intrusion in the name of national security, the public now must adapt to. (Anderson, 2012) These abstracts are the several indications of elements put into place after the 9/11 Terrorist attacks in 2001. Privacy rights have eroded over the years since, by the US Government claims to protect its citizens. From cameras, in inconspicuous places, wire-tapping, and monitoring e-mail, and social sites, these are just a few of the acts we are controlled under. Needless to say, we may never see these laws or acts diminish anytime soon, so it is better to adjust now, and band together before further intrusions are brought upon society. My assessment of the information taken from this report is that the privacy rights we hold as individuals within the country are vague, although most Americans seem to think their rights are guaranteed by the U.S. Constitution . Although under the 14th Amendment a certain amount of rights has been guaranteed, even these rights can be limited by the powers of the U.S. Government, especially during a time of war, or other emerging acts. When you look at the broad powers of war, emergency acts, and even the powers that exists of the U.S. Congress, we can assume any privacy we hold true is basically up to the representatives we elect to represent us. We as a people of the republic come together when there are disasters, and acts of terror, and differs on many policies of the day, but what we have as collected group is the power of vote, and this power is what we can use to help balance the power of our existing government. The research of this paper was conducted using various sites concerning a  combination of privacy of individual citizens, versus the introduction of laws enacted by the US Government, since the terror attack of 9/11/2001. Taking in all the information collected, and analyzed, this report has been intended to show the privacy each citizen held before and after the attack. It comprised what the public has perceived as a given right, over what was actually allowed by law. Conclusion The Claim: What privacy rights should an individual lose to protect against terrorists? It gives society a level of feeling safe by the protections in place. The public can only maintain a limit of safety by giving up a degree of privacy to governmental agencies in order to protect this basic need; and it is a trade off to give up a certain amount of privacy. On one hand individual privacy seems to be an inherent right thought of by the public as a Constitutional right. On the other, it is limited rights given by the 14th Amendment. Whatever rights we hold true today is the norm, yet not all true rights we bear are in real existence. What remedies in the political system in the privacy of individual privacies versus national security protections and concerns? The courts have narrowed away some of these concerns, but the bulk of the powers still exists. Even though Congress has been hesitant to amend the Patriot Act, in fear of being too intrusive, the powers to be are that it has the power to limit the society’s individual rights. Throughout the years rights have been in decline, and we wonder whether it will be because of terrorist acts, the U.S. Patriot Act, or the Homeland Security Act, it is something we all will have to get accustomed to. References (Anderson, 2012) Surveillance & Society, ISSN 1477-7487  © Surveillance Studies Network, Retrieved from http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/cab_spy Bajaj, V. And Austen, I. (28 Sep 2010) B1 New York Times, Privacy vs. National Security: [Business/Financial Desk] http://search.proquest.com.proxy-library.ashford.edu/docview/755073818/fulltext/13AA4752BA6755D6A1B/1?accountid=32521 Darren W. Davis, Brian D. Silver, (12 DEC 2003) American Journal Of Political Science, Retrieved from http://onlinelibrary.wiley.com/doi/10.1111/j.0092-5853.2004.00054.x/abstract Downing, B. M. (2008, August 26th) The Agonist Retrieved from http://agonist.org/national_security_versus_individual_privacy_no_line/ (Kandra et al., Jan 2002): 37-41PC World 20. 1National security vs. online privacy http://search.proquest.com.proxy-library.ashford.edu/docview/231422330/fulltext/13AA49614672EB98EE2/3?accountid=32521 Krishnamurthy, B. (Posted 11/01/01) Website. Markkula Center for Applied Ethics Retrieved from http://www.scu.edu/ethics/publications/briefings/privacy.html Linder, D. (2012). Exploring constitutional law. Informally published manuscript, educational, non-commercial site, umkc.edu, Kansas City, United States. Retrieved from http://law2.umkc.edu/faculty/projects/ft rials/conlaw/home.html Miltrano, T. (January 1, 2003) Web Page title. EDUCAUSEREVIEW ONLINE Retrieved from http://www.educause.edu/ero/article/civil-privacy-and-national-security-legislation-three-dimensional-view Swire, Peter P. and Steinfeld, Lauren, Security and Privacy After September 11: The Health Care Example. Minnesota Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=347322 (Timan & Oudshoorn, 2012) Surveillance & Society, ISSN 1477-7487  © Surveillance Studies Network, 2012 Retrieved from http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/mobiles Downing, (2008a) and (2008b) Krishnamurthy, (2001a), (2001b) and (2001c) Linder, (2012a) and (2012b)

Behind the ‘Battle Royal’

A visage of violence, uprising, gullibility, and realization – Ralph Ellison’s short story â€Å"Battle Royal† depicts a different story that embroils the philosophical depths behind concepts of racism and suffering. It is about pleasing people that results to losing your own identity. It is a foreshadowing historical tragedy as the narrator attempts to transport his readers from idealism to realism and finally relating to the true meaning one’s social identity.In the beginning of the story, a nameless, first-person narrator instinctively intimates that for the first twenty years of his life, he has looked at others to answer questions of self-definition. Identity issues could instantly be implicated as he discovers that it is only him who can figure out who he really is. In order to do this, the narrator must first â€Å"discover that [he] is an invisible man! † As the story unfurls, it transfixes a scene in which he muses that it’s not only him who’s â€Å"blind† but also, those who abuse the narrator by belittling him as mere stereotype and erasing his individuality and human dimension.The primary objective of the narrator in the story is just to deliver a good speech. Uneasy about it, he was really worried. While blindfolded and being beaten in the â€Å"Battle Royal†, he is still going over his speech inside his head. Symbolically, he’s blind to the attackers that he must fend off. This is a stark depiction of the narrator’s utter blindness to racism happening around him and the all the dehumanizing acts that he is forced to participate in. Then, the narrator is softly remembering his grandfather’s death. The narrator overhears him imparting some words to his father.Those words haunted the narrator’s psyche for years to come. On his deathbed, the narrator's grandfather gives him a rather disturbing advice. The old man said: Son, after I’m gone I want you to ke ep up the good fight. I never told you, but I have been a traitor all my born days, a spy in the enemy’s country ever since I gave up my gun back in the Reconstruction. Live with your head in the lion’s mouth. I want you to overcome them with yeses, undermine them with grins, agree them to death and destruction, let them swallow you till they vomit or bust wide open. Learn it to the young ones.Using personification, Ellison represents the lion as the white man, who will roar throughout the duration of the story. The men roared as the narrator will struggle for the coins on the electric rug. When he tries to pull a white man onto the rug, the man raise up roaring with laughter and kicks him in the chest. During the narrator’s speech, the men yell for him to repeat the polysyllabic â€Å"social responsibility† and the room fills with the uproar of laughter. Clearly, the narrator’s question of identity could be traced back to the weary lives of his gr andparents who were born as African slaves and freed years before.Rhetorically, this freedom bestowed unto them and made them part of a â€Å"United† States. But in the closer analysis, in the social circles during their time and as what the narrator experienced, African-Americans are still separated from whites; it is somewhat like the separate â€Å"fingers on the hand†. Ellison descriptively used animals to symbolically represent people because in the course of history white men traditionally treated the black people as animals. In the first place, they were slaves. Also, when white men see naked white women as sexual objects, ironically the white men transform themselves to animals.One instance in the story depicted a man who watches the woman dance and holds his arms up like an intoxicated â€Å"panda†. Although the symbolism of the animal imageries is not very obvious, how Ellison showcased these symbolism reinforced his themes. It adds up to the life and vitality of mental pictures demonstrating the vividness of Ellison’s storytelling. Works Cited Ellison, R. W. Battle Royal. In Literature: Reading, Reaching, Writing. Compact Fifth Edition by Kirszner & Mandell, p. 174 -185.

Death Penalty Rewritten Essay

What does one learn about in a first year composition class in Appalachian State University? After  reading from Dr Kimberly Gunter it is still unclear to this writer. Quotes fromthe end of this paper  signified the two ends of the spectrum when it comes to the Death penalty; â€Å"Fry ‘Em All† and â€Å"The Bleeding Heart† (Gunter, 38). This paper written by Dr. Kimberly Gunter from Appalachian State University initially appears on the surface to be about how the class she has been teaching for the last 15 weeks has looked to understand the death penalty in their state and why they oppose it. In the end Gunter describes how she used a topic that she obviously has strong opinions and emotionswith and has her students learn to write about it. The Title of this paper â€Å"In Our Names†: Rewriting the U.S. Death Penalty (32) suggests that maybe there were petitions put together for possible ratifications to the death penalty laws or at least a Billwritten and presented to the state legislators for consideration. There is nothing in the paper suggesting any of that was accomplished. Gunter takes the reader on a field trip with her class to a Maximum Security prison in North Carolina in a final research effort for a class project the students have been working on. Gunter uses analogies like the equating the air in the prison smelling like a â€Å"day of hog-killing† (32) in an attempt to disgust the reader from the beginning with the idea of death row.Gunter continues to describe low life prison guards and overly medicated innocent prisoners. Throwing in one liner comments from students whose life experience equates to growing up in privileged middle class families and having the opportunity to attendan established University like Appalachian State University. Gunter provides partial statistics in an attempt to show the reader her knowledge on the subject of Capital Punishment. As tha paper comes to a conclusion Gunter was attempting to integrate her students into academic writers and focusing on a singular project tied together by the death penalty. In her writings Gunter shows a bias towards the death penalty invoking images  of dead pigs and fowl stenches in the readers mind. Gunter contradicts these images later in the paper when she describes thedeath chamber with a hospital gurney and crisp sheets on it. This is Gunter’s attempt at using a â€Å"pathos† argument. Gunter wants to show the humanity side of the death penalty but fails in ways when she quotes a guard â€Å"he out and out said rape isn’t much of a problem in that prison, but last year, another guard, a bg barrel-chested sergeant who kept saying ‘I like to fight,’ told me that, while the guards ruled the prison during the day, the prisoners ruled at night, and that prisoner rape was widespread and unchecked while the cell blocks were on nightly lockdown.† (35). This example of rape in prison only helps solidify some readers minds about capital punishment and the inability of offenders to be rehabilitated. The writer does not use any evidence to support her argument which is not even clearly defined or understood in the paper. The reader finishes reading the work and searches for the true topic of the work, is it about the death penalty, is it about a first year composition class or is it about a transformation of the student to open their minds or take on different perspectives in life? It is never truly defined within the body of the work. There is misinformation in the body of work. Gunter is quoted on page 34 † We learn that there are no on-site educational programs..† This is untrue according to the Educational Services for the Department of Prisons in North Carolina. It is difficult to identify if the writer of this work is successful in conveying her point to the reader. There is a use of pathos in the work that will pull on the emotions of the reader, but it is not clear what emotions are to be pulled on or the wrong emotions are enacted. If the purpose of the paper was to showthat young college aged students are able to open their minds or embrace academic writing it was not successfully portrayed or documented in any way. Works Cited â€Å"Educational Services.† Educational Services. Web. 22 Nov. 2014. . Gunter, Kimberly K. â€Å"I n Our Names†: Rewriting The U.S. Death Penalty.† Writing On The Edge 21.2 (2011): 32-38. Education Research Complete . Web. 22 Nov. 2014.