Sunday, March 15, 2020

Justification And Weaknesses Of Non-Interpretive Essays

Justification And Weaknesses Of Non-Interpretive Essays Justification And Weaknesses Of Non-Interpretive Justification and Weaknesses of the Non-Interpretive Model Brief: Justification and Weaknesses of the Non-Interpretive Model The question of Constitutional interpretation still has yet to be resolved. Should only the explicit commands of our nations Founding Fathers be referenced in courts of law, or can it be justified that an outside body should extrapolate from the specific text of the Constitution to define and defend additional fundamental rights? Further, if this body, namely the Supreme Court, bases its decisions of constitutional relevance not wholly on exact interpretation, then regardless of reason, are they wholly illegitimate? The non-interpretive model allows the Court to interpret beyond the exact wording of the Constitution to define and protect the values of a society. The question of how the non-interpretative model can be justified must be answered. Despite much remaining confusion between the two models, it is clear that history has chosen the non-interpretative model without which many of the defining points in our nations history would be unjustified. The overwhelming strength of the non-interpretive model is that it has allowed for many fundamental decisions that have served to protect the natural rights of the members of this society. If on the other hand the interpretive model is to be accepted, a significant number of decisions must be revoked. Briefly, the majority of the due process clause is no longer justified. Fair criminal and civil procedures must be dismantled since they have no specific textual reference in the Constitution. Freedom of speech, religion, and property rights are all called in question. Also affected is the legitimacy of franchise and legislative apportionment bodies of doctrine. The equal protection clause of the Constitution when read literally outlines the defense of some forms of racial discrimination. However, it does not immediately guarantee the right to vote, eligibility for office, or the right to serve on a jury. Additionally, the clause does not suggest that equal-facility segregation is not to be allowed. Finally, the freedom from cruel and unusual punishments as outlined in the eighth amendment loses its flexibility. In this manner, a prima facie argument against the interpretive model is evident. Without the ability to move beyond the specific wording, the Court loses its authority to protect what society values as basic human rights. A fundamental question relevant to this debate is whether or not values within our society are time-enduring or changing. When the Supreme Court makes a controversial decision, does it use the text of the Constitution to legitimize principles of natural law, social norms and arrangements? Or, is it acting as an interpreter of slowly changing values and imposing its views on society through its decisions? The Constitution is not a stagnant document; it is very much alive and changing with the times. Critics argue that the amendment process was created to allow change and that the role of the Judiciary does not include the power to change stated commands in addition to that of enforcing them. However, in many cases, the amendment process is inadequate for clarification of issues of human rights. A great virtue of the non-interpretive model is that the Court has the power to strike down unconstitutional legislation that allows for the Court to preserve the rights of the people. Non-interpretation then requires the application of understood codes, yet the decision-making process is far from mechanical. Critics contest that the Court should not have the ability to interpret societal values in a given period of time. However, as has been shown, history has upheld this tradition. A number of questions now arise. Is it practically wise to place the responsibility to define and protect human rights in the hands of Supreme Court Justices? The answer lies in ones interpretation of history. While it is true that the Court has made decisions that reflect its own biases and interests, it can be shown that the Court has also consistently acted to secure the rights of citizens and to limit federal and state powers. Following, is the definition and enforcement of human rights a judicial task? The adjudication of the Supreme Court over issues of human rights as opposed to this power residing in other branches of government must be answered. While there is no direct statement regarding judicial review in the Constitution, Marbury v. Madison is referenced here as the greatest of all cases justifying this judicial power. Thus arises the penultimate question of the authority of the Supreme Court. Constitutional adjudication was allowed for implicitly by the Founding Fathers. Only some of the principles of higher law were written down in the original document; however, the distinction between those

Friday, February 28, 2020

Fluid Boundaries in Reality TV Essay Example | Topics and Well Written Essays - 4250 words

Fluid Boundaries in Reality TV - Essay Example Reality TV constructs the boundary between the ordinary and extraordinary by depicting and contributing to ambiguities between reality and fiction. Bourdon explores the changing definitions of reality TV in â€Å"Self-Despotism: Reality Television and the New Subject of Politics†. He notes that while the media industry was initially slow to label the genre of reality TV, scholars used the label to help them analyse the growing social interest in it: â€Å"Among academics, reality television is an ideal notion for theorists like Jason Mittell who seek to...use them simply as one element of a set of wider ‘discursive practices’ that help to categorize texts†. The category launches and supports scholarly inquiries. Reality TV, however, has changed dramatically since the anthropologist, Margaret Mead, called attention to the new Public Broadcasting System series, An American Family, which captured the lives of the Louds, a middle-class California family. Mead d escribes the show as â€Å"a new kind of art for,† an innovative form that can be â€Å"as significant as the invention of drama or the novel†. Sanneh, in the article â€Å"The Reality Principle,† stresses that since An American Family, reality TV has become an â€Å"amorphous category† because of emerging new forms of TV shows that depict themselves as reality TV, such as What Not to Wear and The Apprentice. She is concerned of the â€Å"reality† in some of these current reality TV shows, when assumptions about beauty are based on fiction

Wednesday, February 12, 2020

Argue for or against the elimination of speed limits Essay

Argue for or against the elimination of speed limits - Essay Example (Reddy) Germany's autobahn is free of speed limits for most of its 12,000 km. The Germans' pride in their free-speed autobahn is wellknown. The autobahn was in the news recently when Greenpeace ctivists put up banners that read "120", demanding a speed limit of 120 km/h on the Autobahn. But the powerful German car makers' lobby disagrees. Car manufacturers argue that emissions from cars are already very low. Limiting the speed has no additional benefit, they say. One car maker went as far as to say that the idea of speed limits was like "hitting the automobile industry between its legs!" (Connolly) This is not surprising, since car manufacturers promote their products as macho machines. Reckless speed is equated to manliness. Their stance that emissions from cars are low does not address the safety issue or the fuel wastage. Predictably, politicians are on the back foot - unpopular decisions are best postponed indefinetely. The public mood in Germany is also said to be one of "anger" - anger at the perceived erosion of their freedom. A strong, sustained campaign targeted at the grass roots is the need of the hour.

Friday, January 31, 2020

The different between the two families depicted in Flight & your shoes Essay Example for Free

The different between the two families depicted in Flight your shoes Essay The story Flight is about an old man trying to come to terms with his granddaughter growing up. It is form a collection of short stories. The scene is set and the mood of all the characters are established right at beginning of the story. The old man has some pigeons, which he keep as pets. Flight is based around the similarity between the way the old man looks after his pigeons, and how he would like his granddaughters to be controlled and trained the same way. The pigeons are symbols representing his granddaughters. We see, however, that the birds return home. Whether his granddaughters will is another matter. There is a contrast when you look at the syntax in Your Shoes.Which is different from Flight. Here, we have a first person narrative, and because a character is speaking to us, we have the rhythms of speech, changes of direction in the flow of sentences and short, broken speech.This not the cone in Flight which is third person narrative and less personal. Structuarally, the story is very clever. We gradually learn about the woman speaking. At first, we sympathise with her; then learn how she has been horrible to her daughter; how she has tried to control her and keep her unspoilt like the shoes; how she has made the decisions for her; and how, just as she did not get on with her mother, so too this mother-daughter relationship has also collapsed. We are convinced, from the words coming from the womans own mouth, that the failings are her fault. And we move to a final scene in which she is pathetic and sad, locked away from the husband she never loved, pretending love for her daughter and the pair of shoes which symbolises how she would like her daughter to be. Flight is all about growing up and leaving home to starting a new life. For the mother, in this story,Flight this is a natural process, it seems, and she is happy to see her daughters fall in love and marry. The mother is crying,, however because of her father s attitude her father has made all the girls so unhappy by wanting them to be like his birds. Or might it be that she somehow sees his point and is wishing that life could be as simple as he would like it to be that she knows everything might be easier if we could simply return to the coop? Or is she crying for him, because he is so sad and so unfair and wrong? It is up to us to decide! The old man has lost three other granddaughters through marriage. He saw them transformed inside a few months from charming petulant spoiled children into serious young matrons. He is scared of what marriage will do to Alice. When he loses Alice through marriage, he thinks that everything will be gone there will be no more granddaughters at home for him to cherish and he is worried that the girl he loves will change as her sisters did. He is scared of being lonely. He would be left, uncherished and alone, with that square-fronted, calm-eyed woman, his daughter. Therefore, when Alice leaves, he feels that his whole life will be ruined. When he releases his favourite bird (which we can link to Alice), all the other birds go too, because Alice was the one person he had left to love. If she goes, all his capacity to love goes. The mans life will be entirely different with the loss of all his granddaughters it will be entirely different with the loss of all his birds. When he says farewell to one favourite, everything else crumbles for him too. Ending he is now aware, at least that he is how he perceives things. However after releasing the pigeon he turned slowly, taking his time; he lifted his eyes to smile proudly down the garden at his granddaughter. She was starting at him. She did not smile. She was wide-eyed, and pale in the cold shadow, and he saw the tears run shivering of her face. The daughter was still with him.

Thursday, January 23, 2020

Og Mandino (For the Rest of My Life) :: essays research papers

For the Rest of My Life . . .   Ã‚  Ã‚  Ã‚  Ã‚  For the rest of my life there are two days that will never again trouble me. The first day is yesterday with all its blunders and tears, its follies and defeats. Yesterday has passed forever bye my control. The other day is tomorrow with its pitfalls and threats, its dangers and mystery. Until the sun rises again, I have no stake in tomorrow, for it is still unborn. With God’s help and only one day to concentrate all my effort and energy on, this day, I can win! Only when I add the burden of those two frightening eternities, yesterday and tomorrow, am I in danger of faltering under the load. Never again! This is my day! This is my only day! Today is all there is! Today is the rest of my life and I resolve to conduct myself through every waking hour in the following manner. . . . For the rest of my life, this very special day, God help me . . . to heed the wise advice of Jesus and Confucius and Zoroaster and treat me. To maintain a rein on my tongue and my t emper, guarding against foolish moments of faultfinding and insults. To greet all those I encounter with a smile instead of a frown, and a soft word of encouragement instead of disdain or even worse, silence. To be sympathetic and attentive to the sorrows and struggles of others, realizing that there are hidden woes in every life no matter how exalted or lowly. To make haste to be kind to all others, understanding that life is too short to be vengeful or malicious, too soon ended to be petty or unkind. For the rest of my life, this very special day, God help me. To keep reminding myself that in order to harvest more ears of corn in the fall, I must plant more kernels in the spring. To understand that life always rewards me on the terms that I establish, and if I never perform or deliver more than that for which I am paid, never will I have reason to demand or expect and additional gold. To always deliver more than is expected of me, whether at work, at play, or at home. To labor wit h enthusiasm and l9ove, no matter what the task at hand may be, realizing that if I cannot secure happiness out of my work I will never know what real happiness is. Og Mandino (For the Rest of My Life) :: essays research papers For the Rest of My Life . . .   Ã‚  Ã‚  Ã‚  Ã‚  For the rest of my life there are two days that will never again trouble me. The first day is yesterday with all its blunders and tears, its follies and defeats. Yesterday has passed forever bye my control. The other day is tomorrow with its pitfalls and threats, its dangers and mystery. Until the sun rises again, I have no stake in tomorrow, for it is still unborn. With God’s help and only one day to concentrate all my effort and energy on, this day, I can win! Only when I add the burden of those two frightening eternities, yesterday and tomorrow, am I in danger of faltering under the load. Never again! This is my day! This is my only day! Today is all there is! Today is the rest of my life and I resolve to conduct myself through every waking hour in the following manner. . . . For the rest of my life, this very special day, God help me . . . to heed the wise advice of Jesus and Confucius and Zoroaster and treat me. To maintain a rein on my tongue and my t emper, guarding against foolish moments of faultfinding and insults. To greet all those I encounter with a smile instead of a frown, and a soft word of encouragement instead of disdain or even worse, silence. To be sympathetic and attentive to the sorrows and struggles of others, realizing that there are hidden woes in every life no matter how exalted or lowly. To make haste to be kind to all others, understanding that life is too short to be vengeful or malicious, too soon ended to be petty or unkind. For the rest of my life, this very special day, God help me. To keep reminding myself that in order to harvest more ears of corn in the fall, I must plant more kernels in the spring. To understand that life always rewards me on the terms that I establish, and if I never perform or deliver more than that for which I am paid, never will I have reason to demand or expect and additional gold. To always deliver more than is expected of me, whether at work, at play, or at home. To labor wit h enthusiasm and l9ove, no matter what the task at hand may be, realizing that if I cannot secure happiness out of my work I will never know what real happiness is.

Wednesday, January 15, 2020

A Friend Indeed Essay

I enjoyed Bill Sackter’s story in the documentary, A Friend Indeed. It showed me that although he had a hard past and mental deficiencies, he can overcome them, and make the most out of his life. With his positive and enjoyable attitude, he inspired many people; naturally gaining popularity for his personality. Back then, it was very different with the treatment of people with disabilities then it is now. If a child was disabled, they would be separated from their family and sent to an institution. In Bill’s case, he was taken from his family at the young age of seven. Bill never had any contact with his family ever since he was admitted to the institution. According to Bill’s stories, the institution was very harsh and violated many human rights. One story Bill shared with his friend explained why Bill always wanted to wear wigs. While giving a boy with epilepsy a bath, the boy began to have a seizure. Bill went to get an aid, but to his mistake, he went to the â€Å"mean† one. The aid grabbed Bill’s hair and threw him down the staircase; the hair still in the aid’s hand. This shocked and angered me on the horrible treatment disabled people were put through. It was extremely wrong to treat people like that; it completely violated human rights. I think that people have a predisposition to treat disabled people differently; and that’s wrong, in my opinion. In A Friend Indeed, Bill was working and doing things that mostly anyone can do; disabled or not. He proved that he could overcome his disadvantages. He became an inspirational figure while doing it, too. People should not give judgment to the disabled. The disabled are people, too, and should be treated on equal terms as everyone else.

Tuesday, January 7, 2020

Analyzing The Video Clip ( S ) Essay - 1483 Words

1. Which lesson or lessons are shown in the video clip(s)? Identify the lesson(s) by lesson plan number. [ EdTPA Lesson plans 1 and 2 are shown in the video clips.] 2. Promoting a Positive Learning Environment Refer to scenes in the video clip(s) where you provided a safe, respectful, and organized learning environment. a. Describe how you provided a positive, low-risk emotionally and physically safe environment. [ I promote a positive, low-risk and emotionally and physically safe environment in many ways. The students know the classroom daily expectations, the schools rules, and my personal rules that I have added sense teaching their class, which in some ways differ from my cooperating teachers rules. I do not allow students to chew gum during class and the students are not to climb the bleachers to get equipment that has been thrown up their. I expect students to use appropriate language and treat others how they would like to be treated. When a student feels he or she was emotionally or physically hurt they come and report it to me. I then talk to the student(s) invoiced and help them sort it out. During the soccer lessons, in my expiation of the stations as well as on some of my station cue cards it has warnings about potential dangerous situation that may occur, such as flaying soccer balls, trip over cones, crashing into someone who is running. I found with these warning verball y being said and written down the environment stayed organized and safe. ] b.Show MoreRelatedDisney s Overall Social Media Strategy970 Words   |  4 Pagesto a wide variety of audience members. Disney’s view with their social media is that their fans can interact with their many characters and role models on any platform. Disney has 1000’s of social media webpages due to the nature of the scope of their company. 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