ShantanuT01/DACTYL-Pretraining huggingface dataset:
Introduction This research paper uses FIRAC (facts, issues, rule, application, and conclusion) to analyze the case. FIRAC is an outlining tool for legal reasoning and presentation. Ulane, as a transsexual, brought a lawsuit against Easter Airlines for dismissing her from her role as a pilot (Karen Frances ULANE Plaintiff-Appellee v. Eastern Airlines, Inc., a Delaware corporation, No. 84-1431 United States Court of Appeals for the Seventh Circuit 742 F.2d 1081 August 29, 1984). The pilot claimed that Eastern Airlines had violated Title VII. The US District Court of Illinois ruled in favor of Ulane (Karen Frances Ulane v. Eastern Airlines, Inc. United States District Court, No. 81 C 4411. N.D. Illinois, E.D. December 28, 1983). The Court maintained that the company discriminated against Ulane based on her sex as a transsexual and female. However, the Court of Appeal noted that:   * Title VII did not account for transsexuals   * The trial judge did not obtain any factual evidence to support the ruling that Eastern Airlines discriminated against Ulane because of being a transsexual. Facts of the case The counsel for Karen Ulane classified her case under Title VII. The company fired Ulane as a pilot because she changed her sex from male to female (Associated Press 1). This is the fact of Ulane’s case. Ulane acquired her pilot license in 1964. He worked in the United States Army from then until 1968. Ulane was in combat missions in Vietnam. As a result, he got Air Medal that had eight clusters. From 1968, Ulane started working at Eastern Airlines as a pilot. He then moved to the rank of First Officer. Ulane’s roles also included flight instruction with a log of more than 8,000 flight hours. In 1979, medical procedures confirmed that Ulane was a transsexual. Ulane claimed that although he lived as a male, but early childhood stages, he always felt like th
Introduction Distance education is the program where the student and instructor are separated by space and often time, is one of the formats of the fastest-growing instruction in the United States of America and globally (Tracey & Richey, 2005). Definitions of distance education are varied and diverse, but the main concept of distance learning can be summarized from the situation wherein the student and the educator are separated by distance and time and the lessons are delivered to the students through some form of information transference media such as the postal system, television, radio, or the Internet. Unlike many modern definitions of distance learning that encompass only electronic media as the means of transfer of lessons, this definition amalgamates all forms of delivery methods throughout the evolution process of distance learning. This paper presents a discussion of the evolution of distance learning, which started as correspondence courses to the present lesson plans over the Internet. Further, the paper discusses how the changes in technology and its adaptation have altered the delivery method of distance learning over the ages. Evolution of Distance Education The beginning of distance education traces back to the early days of correspondence course to the present cyberspace based teaching. This section discusses the evolution of the distance learning experience. The history is divided into three phases – first, the print-based correspondence courses, second, television and radio-based era of educating, and third, is the Internet-based distance learning method. First Phase Distance education began in the eighteenth century as a form of correspondence learning wherein the printed course material was mailed to the students. In such cases, printed course material became the primary delivery method. Correspondence courses began to provide education to women, deprived of school or university education in the pre-Industrial Europe and America in the 1800s (Tracey & Richey, 2005). The earliest evidence of correspondence education was found in Boston Gazette on 20 th March 1728, where a shorthand teacher named Celeb Phillips offered weekly lessons to those who lived in remote locations (Bower & Hardy, 2004). In 1833, a Swedish university posted an advertisement to teach composition via post. An Englishman named Isaac Pitman invented a system of shorthand to fit a postcard and sent them to the students (Tracey & Richey, 2005; Bower & Hardy, 2004). Throughout the nineteenth century, correspondence courses flourished due to the efforts of noted educators like Anna Eliot Ticknor in 1873, Cary Agassiz, founder of Radcliff College, Elizabeth Cleveland of Boston Museum of Fine Arts, William Rainey Harper of University of Chicago, Wesleyan College in 1874, Correspondence University of Ithac
This drug law name comes from an American governor Nelson Rockefeller, who was the governor on the chair during the enactment of that law. Nelson strongly supported the law and signed it on May 1973. The government and the citizens of New York thought that this law was the toughest among all other laws of that kind, and gave New York fame and recognition in the whole of United States (Feldman & Gerald, 2010). Any possession, selling or production of cocaine, according to Rockefeller drug law was subjected to the least punishment of 5-year imprisonment or the worst of life imprisonment. Women mostly suffered from this type of imprisonment as the conditions were not conducive for them. Women require a more hygienic environment than men, and that is why the life in prison did not favor them at all. The main theme of Nelson Rockefeller to come up with the drug program was to assist the drug addicts, but the program became very expensive by the state. This drug law had a theme of stopping citizens from abusing and selling drugs as well as punishing the drug abusers by isolating them from the rest of the community. The Rockefeller drug law later turned to be the law for women especially the Latina and the blacks. The major impacts of the Rockefeller drug law affected mostly the color communities especially the women and the children (Raphael, 2009). The level of punishment according to the Rockefeller drug law depended mainly by the weight of the drugs in question. The law wanted the judges to give 15 years of imprisonment to the least amount of drug and a life imprisonment to the worst case. The major cases that were taken seriously were on heroin related crimes. Sentencing structure of the law Some convict did not mind the sentencing structure of this drug law especially men, but women and their children were greatly affected. It was a hard moment for women to serve all those years in prison bearing in mind that they are the children care takers. In the year 1977, the committee that was in charge of drug evaluation i
Murder is always a punishable criminal offense and is judged strictly. However, in some situations, a person may kill another individual unintentionally and, in this case, the act of killing is defined as manslaughter and is punished somewhat less strictly if at all. To differentiate between intentional and unintentional types of homicide, the concepts of self-defense, provocation, and diminished responsibility are frequently used. However, in their turn, the three terms refer to disparate contexts in which manslaughter takes place. Thus, in the present paper, the legal requirements for and results of self-defense, provocation, and diminished responsibility will be discussed to detect the major differences among them. Self-Defence The concept of self-defense implies that one can use force against somebody who attacks and tries to kill him or her. Self-defense is considered to be “a special and complete defence to charges alleging illegal use of force (e.g. assault/murder)” 1 . In other words, if it is proved that a person killed another in the act of self-defense, they will be exempted from charges that are normally associated with murder. However, requirements for self-defense in the Scots Criminal Law are very stringent. They include “imminent danger to the life or limb of the accused” and the necessity of using retaliation when dealing with the abovementioned threat to ensure own safety 2 . The last requirement is no way of escape in the face of danger 3 . An overview of HM Advocate v Doherty can allow understanding these requirements better. When Doherty was attacked by another person with a hammer, a friend of his gave him a bayonet which the former utilized to kill the attacker. The court did not accept Doherty’s claim of using the bayonet as a means for self-defense mainly because he could escape the attack but preferred to stab the man instead and, for this reason, he was convicted of murder 4 . Overall, whereas Doherty indeed faced an immediate danger and his response to it could be viewed as proportionate to the threat, the fact that he could run away from the attack was enough for the judge to regard his response as criminal. However, it is valid to note that since Doherty was not an initiator of the attack and only reacted to it, he also could rely on the partial defense of provocation. Provocation As such, provocation means that a person kills another individual when triggered to do so and placed in an emotional state conducive to a homicide. It means that provocation “privileges homicidal fury” or, in other words, makes one think that he or she was seriously wronged 5 . A person can be provided with the partial defense of provocation also when another made him or her made him believe in and fear of serious violence 6 . Based on this, the major legal requirement for provocation is the loss of control as a result of another’s words or actions. If a person proves in the court that he was pr
I am writing in response to our previous conversation about the possible international education networks that we can use for our second-grade students. From the discussions I realized that global education network can be of great benefit to our institution because our students will be in touch with other learners from the faculty allover the world. More so, in today’s world, I have noted that technology helps improve the learning processes and also enhance academic performances among students (The global education collaborative, 2010, para. 1-2). Global education projects also promote collaboration and teamwork among teachers and students. This in turn enhances production and prepares the youths into becoming responsible citizens. This is because global education concentrates on enlightening global students to improve their worlds (Global education network, n.d, para. 1-3). In this regard, I have compiled comprehensive information about the possible three networks that we could settle in for the students and have discussed their strengths and weaknesses. Firstly, I recommend we use International Education and Resource Network (iEARN), www.iearn.org , for our second-grade students. iEARN is an international organization with more than 30,000 schools and other organizations for the youth. iEARN has been in operation for the past 22 years and has seen major success in collaborative project works. The technology enables students in and out of the country to successfully carry out projects via internet in collaboration with their peers beyond their home countries. iEARN provides safe environments that positively transform education processes. More so, this network has more than 150 projects from which students and educators select and participate based on their curriculum (International Education and Resource Network, n.d, para. 1-2). After selecting the online project, teachers and students use their existing technological skills and knowledge to provide solutions for the problem. They are also able to share with other students’ allover the worlds that are doing an equivalent project. The learning takes place via internet in an online class; therefore, the network will a
Spike Lee is known to be ruthless and at times reckless in challenging conventional expectations. He has courted controversies with almost every film released by him. Some feel that he indeed has a fresh and commanding say in American cinema and is fearless in conveying his viewpoints even if it implies becoming disliked by white audiences. Others look at him as a dogmatic teacher who aims at influencing the public with his inflammatory messages. Whatever the perspectives may be, it cannot be denied that during the last fifteen years Lee has created an eradicable impression upon self-supporting motion pictures produced in the USA. Do the Right Thing is the third motion picture made by Lee and it was this film that made him memorable and well recognized in the world of films. He has attracted immense controversy with this film because it boldly confronts the issue of racism with clarity and an unwavering approach that is rare to be witnessed in cinema. Lee is not prone to bowing down to political pressures and does not believe in sermonizing. He is the type, who will introduce his characters, narrate the situations and let the events take their own course. He has an unbiased approach and those who criticize him for being contradictory are in fact not spending the time to consider what he is actually saying. Lee has been said by critics to be a director who instigates spontaneous critical reactions but such responses to the film have done immense injustice to not only the filmmaker but also to the film (Melody Cooper, 2005). The film happens during a twenty-four-hour period on a hot summer day in the Bedford Stuyvesant area of Brooklyn. Viewers are presented with a few locals whose activities for the entire day are depicted in the film. Sal (Danny Aiello) is the owner of a restaurant called Sal’s Famous Pizzeria, which has been a community favorite for about 25 years. This business was initiated and built by Sal over the years and has won over customers belonging to two generations. He has two sons, the short-tempered Pino (John Turturro) and the comparatively easier-going Vito, who work with him. Pino is forthright in displaying his racist feelings and most of his time is spent throwing curses at the black customers coming to the restaurant. On the other hand, Vito is not much concerned about the color of his clients. Sal believes that it is possible for both whites and blacks to live cordially with each other. Mookie (Spike Lee) is a young man in his twenties who works as a delivery boy for the restaurant. He has a girlfriend named Tina (Rosie Perez) and another friend Buggin’ Out (Giancarlo Esposito) who is on a mission to have photos of black men put on the walls of Sal’s restaurant. Most of
Introduction The drafters of the American constitution never saw the importance of including freedom of speech in the country’s supreme laws until the First Amendment was made after the revolution. The federal, as well as the state authorities were expected to provide an enabling environment that would allow people to exercise their democratic rights on free speech effectively. During colonialism, criticizing the government was considered treason and the common law of seditious libel was applied successfully to prevent people from attacking public officials (Curtis, 2000). In fact, an individual had to seek government approval before publishing any material that talked negatively about the government. Any speech viewed as blasphemous in religious terms was censored and the government had a tight control over it. The American revolutionary war forced the government to reconsider its position on free speech, as federalists favored a stronger central government whereas anti-federalists wanted a weaker central government. Since constitutional ratification gave the federal government powers over states, the bill of rights were adopted to contain the power of the central government. The Alien and Seditions Acts were drafted in 1789 prohibiting any individual from publishing sensitive literature that would defame the federal government, the US president, and the parliament (Nelson, 2005). The Warren Court’s jurisprudence of the 20 th century strengthened the freedom of speech, but gave some exceptions. Speech Limitations The freedom of speech is limited at times because of a number of reasons, one of them being the nature of the content. If the content of the speech is aimed at defaming a person or harming them, the court is likely to deny such rights. In Snyder v. Phelps for instance, the court determined that the picketers used a language that was likely to cause pain to the family of the fallen soldier forcing the court to stop them from engaging in further demonstration. The second restriction is based on time and space whereby an individual is not permitted to enter into another’s zone and attack them with words without obtaining the necessary license from the government (McLeod, & Lessig, 2007). Again, speeches that incite members of the public against an organization, a company, or the company are not allowed and it might force the government to limit the freedom. Some words are considered injurious because they make the hearers to retaliate hence breaching the peace. The constitution does not allow an individual to use inflammatory words in exercising democratic rights related to free speech. Review of Court Cases Snyder v, Phelps In this case, the father of the marine soldier, Snyder, took the leader of the Westboro Baptist Church, Fred Phelps and his family to c
The organizational Behavior The family is the society’s key organization. It is extremely imperative that the family engages in family meetings. Similar to any organization, there is a need for anticipations, vivid missions, team building, setting goals, and planning, which ensures a smooth running. Hence, every family member should possess a particular role. In a class college, organization, and family, the job description is imperative in defining the members’ obligations and roles. Moreover, a clear job description promotes more input from individuals, which gives the members a sense of ownership. The family, college class, and organization are characterized by universality. The three are present in all human society levels, everywhere, and always. In the three, the members are united by a common goal. Hence, there is some form of emotional basis. In the family, people are united by affection and mutual love, which enhances sympathy and empathy towards each other. It is evident that in the class and organization, members have to collaborate to fulfill the set goals, which unites them. Another similarity between the three is the limited size. Management Roles The family council comprises of the family members. In a college class, the council constitutes of the entire class and class teacher. Finally, the employees and management comprise the organization council. In a family, the male parent has the responsibility of governing the family. The female parent assists the male parent in running the family. In a college, the class teacher oversees the overall running of the class. The class prefect, who has a closer relationship with the students, ensures maintenance of order. In an organization, the manager is the overall overseer. The success of an organization, class, and family depends on regular meetings. In a meeting, members get the opportunity to be heard, distribute responsibilities, receive encouragement, congratulate exemplary roles, set goals, share, plan for events, solve conflicts and recurring issues, set objectives, and express complaints and concerns. Leaders in the three organizations have to ensure that the appropriate leadership style is used. Depending on different circumstances, it might be necessary to change the leadership style. Moreover, leaders have to engage in critical controlling, organizing, and planning. The available resources should be dedicated towards goal achievement. How Diversity Contributes to Efficiency and Effectiveness Diversity in the family, organization, and coll
Economic profit is a concept that differs from accounting profit and is defined as the difference between total income minus costs and opportunity costs associated with the income received. Opportunity costs are the price of a lost opportunity; when, for example, an investor decides to invest money and other resources in one business, he misses opportunities associated with other businesses (“What is economic profit,” 2021). This paper aims to explain the sources of economic profit, both internal and external, to the firm. There are two schools or perspectives on where the main sources of economic profit come from. The Industrial Organization or IO perspective assumes that the industry is definitive regarding the opportunities for the businesses’ economic profit since some industries are just more profitable than the others. This perspective utilizes Porter’s Five Forces theory which defines the critical elements of the industry that make it more or less profitable (Froeb et al., 2018). Therefore, the most potentially profitable industries are characterized by high barriers to entry, low buyer power, low supplier power, a low threat from substitutes, and low levels of rivalry between existing firms. Another school or perspective is called Resource-Based View or RBV. This approach implies that some businesses within one particular industry operate better than others due to their superior resources. From this perspective, the resources are defined as the tangible and intangible assets firms use to meet their goals and implement their business strategies. Examples of tangible resources are equipment, financial capital, and real estate; intangible resources are knowledge, brand, and organizational culture. Importantly, RBV assumes that resources are immobile or resis