ShantanuT01/DACTYL-Pretraining huggingface dataset:
Origin Of The English Law Of Contract Contract law is primarily state common law. It has developed through decades of judicial opinions that have resolved virtually every contract dispute. When English courts began to resolve conflict disputes in the early 1800s, they made express reference to the law merchant, which were commercial rules that merchants devised over centuries of doing business across national boundaries (Meiners & Stone, 2011). One indispensable source was the Roman law of contracts, a surprisingly sophisticated body of law that reflected the extensive commercial relationships of an empire covering much of Europe, Middle East and the North Africa. Hence, contract law reflects real business experiences and time-tested principles. Definition Of Key Terms In A Contract In modern times, the Restatement of Contracts is an authoritative document that provides a summary of the common law of contract (Stone, 2009). Sir William Blackstone, a famous British jurist, defined a contract as ‘an agreement, upon sufficient thought, to do or not do a something’. Modern definitions of contract center on a ‘promise’, which is an element common to all contracts. Section 1 of the Restatement of Contracts defines a contract as ‘a promise or a set of promises for breach of law which the law provides a remedy or the performance of which the law in some way recognizes as a duty’ (Whincup, 2006). This document goes ahead to define a promise as ‘a manifestation of a party to act or refrain from acting in a specific manner’ (Stone, 2009). A contract, therefore, is the lawful liaison that comprises of the rights and duties of the parties in agreement growing out of promises. Contract law governs the enforceability of that relationship. There are a number of essential requirements of a contract that must be present for a contract to be binding and enforceable. If a party fails to perform a nonbinding promise, contract law will not provide a remedy (Street, 1999). This makes the need to meet the requirements of a contract when the parties want their exchange of promises to be legally binding. Requirements For A Contract To Be Legally Binding Contracts may be created by formal writing or oral discussions, or they may be anecdotal by the behavior of the parties. A contract is an express contract if there is a written or oral expression of intent by the parties to enter into a lawfully obligatory agreement. On the other hand, a contract is an implied contract if it arises from the actions rather than the expressions of the parties (Charman, 2007). That is, given the way the parties have acted with respect to each other, the court infers that a contract exits. A contract gives parties the confidence that bargained-for exchanges will be enforceable. While many contracts consist of standardized norms, the elements that make a contract legally binding are constant. These are agreement, consideration, and legal capacity to contract, lawful subject matter, and genuine consent to the contract (Andrews, 2011). The fundamental nature of a contract is a legally binding accord, that is, a reciprocal appreciation among
Introduction In a prison riot which occurred at Attica State Penitentiary in New York, the prisoners held the guards hostage and demanded that they be accorded their basic human rights. Deaths occurred when New York Governor Nelson Rockefeller ordered the National Guards to take the prison by full force. The inmates held hostages; the administration reluctantly negotiated. An impasse ensued. The negotiations that went on for days and circumstances surrounding these negotiations are the subject of this paper. First, who were involved in the negotiations? What were the demands? And where these demands impossible to be met or attempted to be delivered by the negotiators? It is the purpose of this paper to determine how the negotiators used their power or leverage in the negotiations? Who had power and its effect in the negotiations? What went wrong in the negotiations? Above all, can anyone negotiate? Background In the 1960s and 1970s, there was a prison movement that first culminated in San Quentin then in Attica. This description from the book Routing the Opposition : Prisoners took over the main cell blocks, taking guards as hostages. One guard was killed shortly after the takeover. As the mood turned angry, and despite the efforts of some prison groups to protect the hostages, some of the guards were assaulted. In the general melee, widespread violence broke out among prisoners themselves. (Meyer 243) It was 1971, the time when Nelson Rockefeller was Governor of New York. In the early morning of September 13, he called up his advisors to tackle on the matter of the Attica State Penitentiary which, after a series of negotiations, had to be taken by force. The Attica Prison was a facil
Agencies that Regulate and Oversee APRN Prescribing in New Mexico New Mexico Board of Nursing The Board of Nursing in New Mexico plays a fundamental role in regulating the prescriptive authority or mandate for the Advanced-Practice-Nurses (APRNs). The above-mentioned organization typically evaluates the credentials required for the APRNs to undertake the role of prescribing opioid and non-opioid drugs and substances (“APRN endorsement,” 2020). At the same time, the Board of Nursing in New Mexico carries out assessments of the APRNs’ capacity to understand the practice of pharmacology, clinical diagnosis, physical examinations, and pharmacotherapeutics (“APRN endorsement,” 2020). The motive behind the nursing board’s actions in the state of New Mexico premises on the promotion of safety and health needs of the citizens or patients. New Mexico Nurse Practitioner Council The Nurse Practitioner Council registered in the State of New Mexico is keen on overseeing their members’ professional requirements while ensuring that the actions of the APRNs are in line with the set guidelines for the prescriptive authority outlined in the state (“APRN endorsement,” 2020). Understandably, it monitors the APRNs’ roles and offers guidance on effective compliance and safety practice when handling prescriptions for patients. The need for physical assessments of the patients by the APRNs is a crucial aspect of the oversight on prescriptive authority granted to their members to ensure that the risk profile associated with substance overdoses and abuse reduces significantly. New Mexico Association of Nurse Anesthetics The Nurse Anesthetics’ Association in New Mexico is a strategic player in regulating the prescribing authority granted to the members of the professional association body. The association focuses on the adherence to the best practice given to the APRNs due to the sensitivity involved in the prescription of controlled and uncontrolled substances in the state of New Mexico. The body regulates the anesthetics’ professional mandate within various medical facilities and drug outlets in the state (“APRN endorsements,” 2020). The checks and verification on the education requirements set for the licensure of the prescriptive authority accorded to the APRNs are at the heart of the Nurse Anesthetics Association’s actions and procedures in the state of New Mexico. America Midwifery Certification Board (AMCB) In essence, the practicing Certified-Nurse-Midwives (CNMs) in the state of New Mexico operate under the recommendation and regulation of the AMCB. The AMCB has networks that touch on all strategic states in the United States of America. For their prescriptive roles in the course of their practice, the board requires that the CNMs should uphold all the set guidelines for the prescription of substances in a bid to limit the risks and fatalities that may result from overdoses, abuse, and inappropriate prescription to patients (“APRN endorsement,” 2020). The AMCB in New Mexico oversees the qualification of the CNMs and
Ocean literacy implies an understanding of the mutual influences between the ocean and human beings. Since the ocean has been described as one of the largest features available on earth, occupying approximately 71% of the earth’s surface, its influence on daily human lives is inevitable, and in the same way, humans cannot live without regular interactions with the ocean for survival and other conveniences. As a result, there has been a lot of curiosity like oceans, and consequently, myriad of studies have been carried out to understand this feature. Despite this effort, it has been estimated through ocean literacy principle number 7that the ocean is greatly unexplored in the sense that only a very small fraction of the ocean is within human knowledge and the rest remains a mystery. In this era of great scientific knowledge, it remains unbelievable that much of the ocean is still unknown. Why would this be said? An in-depth examination of principle seven’s fundamental concepts could help us in this understanding bearing in mind that ocean literacy may not be attained in totality. From the onset of “human-ocean interaction and exploration in the fifteenth century” (Garrison, 2011, p.16) and despite ocean being the largest feature of the earth, only 5% of the ocean is known (Ocean Literacy Network, 2011). Why would it be that at this era of advanced information technology, 95% of the ocean remains in the dark? The percentage of the landmass is approximately 29%, and out of all this, only half of it is under human existence. The exploration entails more than mere curiosity, and this presents great oceanic exploration opportunities to future generations for understanding its processes and systems. There has been rising increase in the use of oceanic resources over the last four decades, an implication that there is a need for sustainability of these resources and further understanding of their future prospective uses and limitations. This perspective has increased new technological tools such as subsea observatories, unmanned submarines, satellites and buoys to name but a few, for surveillance and further exploration of the ocean. This step has been thought of as the only solution to increasing human understanding of the ocean within a shorter duration for the increment of oceanic usage (Ocean Literacy Network, 2011). Besides technology and physical apparatus, Wehr (2011) argues that oceanic understanding has taken an interdisciplinary approach whereby pure sciences such as chemistry, biology, and physics have been greatly used in collaborations with climatology, engineering, programming, meteorology and geology as new ways of thinking in an attempt to understand the ocean. Mathematics has also been involved in an abstractive way by using mathematical models to understa
Mental retardation (MR) is a controversial concept which involves people with mental disabilities, development delays, and learning difficulties. The view of the mentally retarded as a surplus population has various consequences for developing an adequate understanding of problems pertaining to mental retardation and, therefore, for instituting remediation programs. Insofar as mental retardation operates to limit the life chances of persons, it must be regarded as a member of a class of life-chance-inhibitors. The interdisciplinary approach could help to study the problem of mental retardation and allow scientists to develop an adequate and clear definition of mentally retarded persons. The main disciplines which study mental retardation involve physiology and psychology, education, and social services. Education and social services describe and study mental retardation as a social phenomenon, its prevalence, its nonrandom distribution, and its cultural aspects. Also, they relate it to other social characteristics in affecting the participation of retardates in social institutions. Social services deal with social movements, the family, residential institutions, and the community (Mcentee and Saunders, 2004). The remediation implicit in the discussion is that, in order to be effective, amelioration techniques must deal simultaneously with many phenomena in the life-chance-inhibitor category, not with each inhibitor separately (Drew and Hardman, 2006). The crucial defining feature of mental retardation is low intelligence in comparison with some general reference groups. In this case, physiology and psychology help to examine and identify psychical and psychological deviations and find possible solutions to these problems. Educators and social workers study the correlation between psychological deviations and intelligence. By “intelligence” or formal cognition, we mean such processes as ability in short-term memory, abstracting ability, reasoning, speed of visual information processing, as well as other variables that have been of interest to cognitive psychologists. These motivational personality variables have a major role in the developmental approach to mental retardation. Whenever differences in performance are found between retarded and non-retarded groups of individuals matched on MA, the theorists typically look for differences in motivation between the two groups (Keigher, 2000). The rationale for disciplinary collaboration is that “mental retardation” is a complex problem caused by multiple factors and circumstances. For instance, education and social sciences are limited to those individuals with no evidence of organic brain damage. Those persons with known central nervous system dysfunction, either due to genetic or environmental causes, indeed, can be seen as possessing a “defect.” “Along with the trend toward providing proper treatment to individuals with mental retardation and mental illness, there are additional indicators of a growing awareness of dual diagnosis” (Vanderschie
Aaron Swartz, a person with outstanding abilities in the field of technology and a political activist, advocated for an open and free Internet. When he tried to release the data from the scientific site, the authorities reacted with unjustified brutality. Swartz was threatened with a fine of $ 1 million and 35 years in prison. This young man solved the problem in his own way – he lost his life. The film The Internet’s Own Boy tells about Aaron Schwarz’s participation in the development of the World Wide Web (Internet) and the subsequent harassment by the US government agencies, which led to the tragedy. Aaron has been considered a child prodigy: at the age of 14, he worked under the leadership of Tim Bernes-Lee, the inventor of the World Wide Web, and participated in many significant projects. The key idea of Swartz was to eliminate inequality in access to information, thus allowing everyone to acquire relevant knowledge and skills. This genius wanted users to have no restrictions on access to information and saw the goal of his life in making the Internet closer to people. Aaron entered Stanford University, but he studied there for only a year since he was unable to endure the framework of university education. Swartz noted that only university staff and students could receive open access to information of databases, which means that the study in the context of higher education is the only way to learn through scientific articles (Reynolds 105). This violated the opportunity of self-education, which Aaron regarded as the most productive form of learning. He was sure that the world would be better if he would promote free access to the Internet at the maximum and fought for it to show the generative potential of the Internet. One may state that his actions were consistent with the First Amendment that implies freedom of the press, copyright regulations, and access to places where people can speak and listen. After leaving Stanford, Swartz founded his own company called Infogami, soon after which he merged it with the Reddit portal. It was an entertainment social news site where users could openly share links to any information they like on the Internet. Aaron’s colleagues emphasized his contribution to the development of the business: everything that the programmer tried to improve became better. Reddit was sold to Condé Nast Publishing House, and Schwartz invested money received from the sale of the resource into the development of the Watchdog service, where all the available information about American politicians was systematized. In addition, he was a co-founder of Creative Commons, the website integrating information from the Global Community based on collaboration, remix, reuse, and sharing. At this point in his life, Aaron began to take decisive action against restrictions on the Internet. To understand the controversial nature of Swartz’s actions and views, it is essential t
Introduction Even as companies strive to change the working conditions of their employees to enhance innovation and improve individual performance in the workplaces, the problems of poor working conditions are still on prevalence (Littler, 2013). The recruitment processes, the empowerment plans, the promotion strategies, and other employee retention practices of some American companies have faced discrimination allegations. Surprisingly, the majority of these companies are mega industries that appear in the Fortune 500 and other big publications due to their enhanced corporate performances (Abel, 2013). Cases of poor working conditions in some mega transnational companies continue to attract legal, economic, social, and international discourses, which are disheartening the employees and employers (Higgins, 2014). With such allegations are in a steady increase, even as the performance of these companies enhances. Fundamentally, this essay uses the case of Amazon Company to focus on analyzing the working condition problems highlighted in some online publications, and uses the SWOT analysis to discuss the problems. Overview of the Articles Several online articles and newspapers have focused on the employment issues that workers experience at Amazon. This analysis involves five recent articles that have dominated the websites and exposed the public discontentment about the Amazon Company. The first article came from the Seattle Times Newspaper of America, and it exposed the forced labor practices of the Amazon Company, contrary to its labor policies. The second article was the Consumer Affairs Magazine that explored the revelations of the British Broadcasting Corporation (BBC) concerning the dilapidated physical working conditions at Amazon. The third article was a write-up from the AlterNet Newspaper, which exposed the mandatory security checkpoints and the underpayments imposed on the Amazon workers. The fourth article was a BBC publication that expressed concerns about the likelihood of the Amazon workers to face mental health problems. The last article is a publication of the Westlaw Journal that described a variety of workplace problems at Amazon. The Identified Working Condition Problems Forced Labor Practices in the Amazon Company – The recent employment wrangles in the Amazon Company associate with the illegal issues of forced labor practices in the company (Bernton, 2014). Reports indicate that the Amazon Company has recently resorted to forced labor in its outlets that operate in the Latin America regions. Notwithstanding its efforts in establishing an Amazon code of standards, that encompasses regulations against forced labor and child labor, the practice of forced labor has been pervasive in the operations of the Amazon Company (Bernton, 2014). In the regions of Latin America, India, Asia, and most parts of the United States, the Amazon Company has been practicing indirect forced labor practices against its workers. Menial workers who operate in the Amazon warehouses have complained against the poor working conditions that include excess overtime, forced overtime, strenuous jobs, and forced labor during the off-duty d
Sometimes looking at the theories based on the dynamics of social and cultural influences can be helpful since it aids in understanding human behavior, beliefs, and thought processes. Each theory implies a different approach to learning and teaching, so it is essential to determine the suitable learning theory to follow. Within the learning community, there are three general concepts: Stereotypical threats, Gagne’s Conditions of Learning, and Bandura’s Social Learning Theory. These three concepts allow the professor to find an optimal approach for their students to benefit from the studying process. The stereotypical threat is a theme most discussed currently in the age of acceptance and tolerance. It is a situation in the learning environment when a person feels the need to confront a certain stereotype. For example, over the past decades, it was stereotyped that women have worse cognitive abilities, which is why they cannot perform tasks outside of childcare and the kitchen. However, today this ancient stereotype is destroyed by women, who are academically superior to men (Spencer et al., 2016). Furthermore, stereotype threat appears to be the holding factor of the racial and gender academic achievements, so students of minorities should be encouraged to learn more; their academic achievements should be promoted more. Gagne’s Conditions of Learning emphasize the creation of proper conditions for better learning and thorough instructions. It includes general concepts from diverse learning theories to observe human behavior shifts to determine the best strategy. This concept puts the educator’s responsibility and makes the teachers design their lesson plans so that the instructions were clear and understandable. On the other hand, Bandura’s Social Learning Theory suggests that learning happens through observation and imitation of a specific behavior. Therefore, according to this concept, teachers have to showcase how to do the exercise correctly to ensure that their students imitate this example. Reference Spencer, S. J., Logel, C., & Davies, P. G. (2016). Stereotype threat. Annual Review of Psychology , 67 (1), 415–437. Web.