Saturday, December 28, 2019

Keeping The Students Rights And School Policies

Strategies and Options Keeping the students’ rights and school policies in mind, once the whistleblower reports the information, the educator should invite the accused student to a private location together with another impartial faculty member present to discuss the situation. The educator would then inform the student that he or she has been accused of using his or her cellphone during the examination that day and would remind the student of the academic and school policies which clearly state that using devices, such as a cellphone, during the exam is strictly forbidden and provide the student with copies of the policies. The policies would be reviewed together and specific sections where prohibitions of cellphone use during examination are stated would be highlighted. Throughout this meeting, the student will have the opportunity to explain or defend him or herself against the accusation. After stating his or her justification, the student would be asked if he or she w ould allow the educator to look through her phone and check if it was used during the times of the exam. If the student gives permission and searching the phone proves that it was in use during the test, the consequences of his or her behavior would follow the institutions policy that is outlined and a formal hearing would be completed to determine the course of action and to ensure the student’s due process. The student would then be given a copy of the discipline counseling form (AppendixShow MoreRelatedControversy Over Students Fourth Amendment Rights1474 Words   |  6 Pages In recent years, schools have been increasingly subjected to weaponry, drugs, and violence. School officials are seeking ways to help maintain a safe environment for their students. The increase of violence has led to many cases of controversy over students’ Fourth Amendment rights. The Fourth Amendment prohibits unreasonable searches and seizures and requires a warrant to be presented and s upported by probable cause. The problem with this is that requiring school officials to bring in police andRead MoreRhode Island s Public Policy Guidelines Essay1562 Words   |  7 PagesIsland students are being outperformed by Massachusetts students on national tests. Although Rhode Island and Massachusetts spend about the same on public education per student. Differences are identified in the management of the schools and the degree of state influence. The main issues focused in this research will be on examining and determining if Rhode Island should adopt more of the management and governance models that Massachusetts uses, which could open the door for â€Å"empowered† schools in RhodeRead MoreThe Battle Of The Confederate Flag1174 Words   |  5 Pagesscene in school. By doing this some students may believe that their freedom of speech is being suppressed, but the law is on the side of the school districts when it comes to this issue. In Scott v. School Bd. of Alachua County two Florida students in 2003 were suspended from school for displaying images of the Confederate flag. Both students were told countless times to stop displaying this symbol. One student flew a Confederate flag on the antenna of his truck while the other student wore a T-shirtRead MoreEnroll in a Closed Campus Essay993 Words   |  4 Pagesthat the productivity as well as the safety of the school are increased. A closed campus, in Asian countries such as China and South Korea, are set up where walls are built around the college campus so that only students or faculty may enter the premises. The students of closed campuses probably have less stress and higher grades, thus higher productivity. Albeit students have more freedom to do whatever they wish to do on an open campus, students are developing a need to enroll in a college withRead MoreThe Issue Of Academic Dishonesty1416 Words   |  6 Pages academic dishonesty cases in every college and university have greatly multiplied and become a global issue. The issue on cheating behaviors in students is so pervasive and uncontrollable that it is almost considered as commonplace (Arhin Jones, 2009). One of the hardest challenges for educators is knowing how and when to discipline their students. In the given scenario, there are several issues to take into account; the first and foremost being the issue of academic dishonesty. â€Å"Academic dishonestyRead MoreThe Retention Of High Quality Teachers1469 Words   |  6 Pages Increased student achievement has been the focus of many school districts across the country in recent years. School districts must not only look at the current level of student achievement, but also consider what is necessary to increase achievement and how schools will afford it. The retention of high quality teachers is an extremely important part of the student achievement puzzle. Teacher retention includes not only keeping the teachers who are difficult or impossible to replace, but alsoRead MoreZero Tolerance Policy Review On The Us Education System1519 Words   |  7 PagesZero Tolerance Policy Review in the US Education System Over the past two decades the US schools have faced serious occurrences of violence. Accordingly, the prevention of school disruption and violence has evolved into an essential and crucial consideration. Beyond the avoidance of toxic violence, it is commonly agreed that on one hand teachers are not able to teach and on the other hand students are not able to learn in an educational institution portrayed by disturbance. A national survey conductedRead MoreIn Consideration of School Uniforms Essay1216 Words   |  5 PagesSchool Uniforms A group of small boys and girls all wearing the same colored school uniforms assembled in front of a catholic school is what I imagine when thinking about school uniforms. This is probably what most people imagine. They have been attached to students of European and private schools. Such pictures of students dressing in school uniforms have led to stereotyping and a negative attitude towards schools enforcing a uniform policy. Displayed as robots without the ability to expressRead MoreThe Family Educational Rights And Privacy1091 Words   |  5 PagesEducational Rights and Privacy (FERPA) (20 U.S.C.  § 1232g; 34 CFR Part 99), which is also referred to as the Buckley Amendment, was established in 1974. It is a Federal law, which protects the privacy of student records as well as provide provisions for educational institutions to follow in the handling of those records. According to the United States Department of Education, â€Å"The term education records is defined as those rec ords that contain information directly related to a student and whichRead MoreSchool Should Be A Safe Place For Children823 Words   |  4 PagesSchool should be a safe place for children: to learn, play, and make friends. Oklahoma City Public Schools Bullying, Harassment, and Discrimination District policy have been put into place for just that, to protect our children. This policy prohibits and does not tolerate bullying, harassment, or discrimination. Bullying is when someone is specifically picked on for their appearance, actions, religion, sexuality, race or sometimes for no reason at all. Bullying has been a part of school for as long

Friday, December 20, 2019

bullet theory - 7360 Words

Bullet Theory The magic bullet perspective, also called the hypodermic needle model, is a model for communications. Magic bullet theory has been around since the 1920s to explain amp;ldquo;how mass audiences might react to mass media,amp;rdquo; reports Media Know All. According to University of Twent in the Netherlands, the theory states that mass media has a amp;ldquo;direct, immediate and powerful effect on its audiences. History Several factors, including widespread popularity of radio and television, led to this amp;ldquo;strong effectsamp;rdquo; theory of media influence. Also important were the new amp;ldquo;persuasion industriesamp;rdquo; of advertising and propaganda being utilized by industries and governments alike. In†¦show more content†¦An important concept of reception theory is that the media text—the individual movie or television program—has no inherent meaning in and of itself. Instead, meaning is created in the interaction between spectator and text; in other words, meaning is created as the viewer watches and processes the film. Reception theory argues that contextual factors, more than textual ones, influence the way the spectator views the film or television program. Contextual factors include elements of the viewer s identity as well as circumstances of exhibition, the spectator s preconceived notions concerning the film or television program s genre and production, and even broad social, historical, and political issues. In short, reception theory places the viewer in context, taking into account all of the various factors that might influence how she or he will read and create meaning from the text. Reception theory is a philosophy about the arts that recognizes the audience as an essential element in the creative process. Originally developed as a method of literary criticism, reception theory posits that meaning does not lie in the work of art itself; rather meaning is part of a process of interaction between the audience and the artwork. Reception theory has been applied to many art forms, including drama, film, painting and sculpture. Emphasizing reader interpretation of works of literature, reception theory developed in the 1960s andShow MoreRelatedThe Theory And Magic Bullet Theory767 Words   |  4 Pages To begin with, throughout the semester in Mass Communication Theory and Research we’ve discussed various research theories; however, the two theories that interest me were the agenda setting theory and magic bullet theory. I choose these two theories specifically because they both focused on how the media is the core and how it can immensely affect audience’s perception and behavior towards the media. First, The Agenda Setting Function of the Mass Media, it was first put forth by Maxwell McCombsRead MoreThe Use Of Firearm Investigation On The Examination Of Firearms3417 Words   |  14 Pagesto a piece of torn newspaper in a suspect’s pocket, sending him to jail (Triple Murder). In modern times, examining the engravings, striations, and bullets, a trained eye can distinguish the type of firearm used, and sometimes identify the exact one. Ballistics can help recreate a crime scene by analyzing the wound size, damage, and angle of the bullet hole, along with the distribution of ammunition and cartridges. Gunshot residue is another commonly implemented technique testing hands, nearby objectsRead MoreThe Prosecutors Firearm Identification Testimony1665 Words   |  7 PagesThe prosecutors firearm identification testimony for the case was poorly executed which allowed Waite to reexamine the bullets from the case and what he found was the rifling markings did not match up with the bullets that were test fired from Steielow’s gun. They determined that Stielow was not guilty due to the conclusion that his firearm was not used in the crime. Following this case Waite was inspired to develop a systematic process for documenting ballistics information to avoid making mistakesRead MoreInvestigating The Theories Of Trace Evidence1814 Words   |  8 Pages2016). Trace evidence can include a wide variety of materials, but most commonly tested are hair, fibers, paint and glass. Other, less frequently included items are soil, cosmetics and fire debris (Lothridge, 2016). Dr. Edmond Locard formulated the theory that Every contact leaves a trace. This became known as Locard s exchange principle (Lothridge, 2016). Tools such as tweezers, tape, specialized vacuums, swabs, alternate light sources, and lasers to find and collect trace evidence. Fibers andRead MoreThe Creature Of The Beast1517 Words   |  7 Pages it may just be black or white. Locals believed it to be a werewolf, or a sorcerer who shapeshifted into a monstrous predator to feed on human flesh. The beast was also said to be bulletproof; that is until someone tried to shoot it with a silver bullet. The beast died after that and was never heard about again (Hill, â€Å"The Cryptid Zoo: The Beast of Gevaudan, n.p.) Per Unknown Explorers, the beast was a wolf like creature, approximately the size of a cow. It had large feet with razor sharp claws,Read MoreWhat Are the Methods of Inquiry and How Are They Used in Criminal Investigation?724 Words   |  3 Pagesthe investigator can say, this is a murder, the person was stabbed, and the motive was this person was caught having an affair. After the investigator comes up with his hypotheses he/she will then test it, if the evidence does not support his/her theory then he would start over on figuring out what, why and how it all occurred. 4. Discuss the three primary sources of information for criminal investigators and provide detailed practical examples of each source listed. The three primary sourcesRead Moretry and try,one day you can fly1710 Words   |  7 Pagesworld less clearly, but more accurately. This is tough to accept, so much so that on most days we prefer a wrong explanation to no explanation at all. But as Schulz notes, even the most seemingly bullet-proof scientific theories of times past eventually proved wrong [so] we must assume that todays theories will someday prove wrong as well. I should stress that Schulz is not some deconstructionist arguing there is no such thing as truth. The truth is out there but we know it far less often than weRead MoreEssay Theoretical Organizational Behavior Analysis 1811 Words   |  8 Pagesdefinition of Formal groups in a few bullet-points, where one of them is task-orientation which in my opinion has clearly characterized the groups I am talking about. The groups are not necessarily consisting of like-minded people, but individuals randomly picked by the lecturer/tutor which in many cases leads to dif ferent disagreements as the groups try to establish itself and the members of the group try to find their role within the group. Bruce Tuckman came up with a theory in the 1960s to explain howRead MoreSok Notes Module 32689 Words   |  11 Pagesis there? [example what is in the centre of the world] 2. How does it work? [example how nature works] 3. What is its history? [how it developed] Characteristics of Science * Scientific conclusions are reliable but tentative-(Copernicus theory of the Earth) * Science is not democratic- (What idea is proved is accepted not what is most popular to people is chosen) * Science is not dogmatic, it is not religion- (Both science and religion can help each other) â€Å"Science without religionRead MoreConspiracy Theories Regarding The Las Vegas Scandal1282 Words   |  6 PagesConspiracy theories regarding the Las Vegas scandal have raised attention of many in hopes of uncovering the motive behind the attack. Without reason, Stephen Paddock fired into a crowd of 22,000 country music fans, killing 58 and injuring over 500. As the investigation moves forward, lots of theories behind the deadliest mass murder in US history have surfaced and raised lots of questions. Some are more practical and more likely than others, but all weigh heavily on the tragedy. Police investigations

Thursday, December 12, 2019

Model Law on International Commercial Arbitration †Free Samples

Question: Discuss about the Model Law on International Commercial Arbitration. Answer: Introduction International Trade has often been a driving force to social, political, economic stability. Bill of trading is a written contractual evidence of delivery of commodities and carriage transited by sea in exchange of particular shipment. Generally, a shipper transports the commodities to a carrier while the agent or carrier of the shipper issues bill of lading. Bill of Lading is said to be an imperative document that records that certain commodities have been loaded on board a ship. However, with the advancement in technology, the emergence of electronic bill of lading marks the setting of electronic communication in the international trade within the maritime industry. The paper aims at discussing four essential functions performed by the paper Bill of trading and evaluate the ability of the electronic bill of lading to perform similar functions, in the context of their importance to international trade (Law, 2016). In Basinco Motors Ltd v WoermannLine Anor [2009], a bill of lading has been defined as a written document that is signed on behalf of the owner of the ship in which the commodities are loaded as an acknowledgement of the commodities and taking the commodities to deliver them until the end of the journey. Such responsibility is subjected to the conditions, which shall be stipulated in the Bill of Lading. Thus, this document shall be signified as a written contract between people who are expressly parties to such document. There are three types of Bill of Lading, which are as follows: Straight and Negotiable Bill of Lading- this type of Bill of lading becomes negotiable instrument when the same is provided to the carrier and is passed directly like cash. Clause Bill of lading and Clean Bill of Lading- A clause bill refers to bad condition of commodities being carried. A clean Bill of lading states that the commodities are in a good condition and are in order. Shipped and Received for Shipment Bills- a dispatched bill of lading is one that specifies that commodities have been actually dispatched on board and the received for shipment Bill denotes that the carrier has received commodities into his custody before its shipment. The owner of a ship or his representative issues the Bill of Lading. According to Article 15 of the Hamburg Rules, after the commodities are loaded in the vessel, the ship owner shall issue a document, which must include the quantity, quality of the commodities, visible state of the commodities, name of the shipper, port of discharge, signature of the carrier or person on its behalf. It must also include the place of issuance of the Bill, increased limits of liability and the date or period of delivery of the commodities at the port of discharge. The Bill of Lading plays four important functions in the context of international law. It plays four essential functions that are enumerated as below: Bill of lading as a receipt for the shipped commodities In Ogwuru v Co-op bank of E/N Ltd (1994), the court held that the Bill of Lading serves as a receipt for commodities. The Bill of lading acts as an important document that provides evidence of the fact that commodities have been conveyed and have been dispatched on the date stated in the bill. As a receipt of the commodities, Bill of Lading satisfies three separate essential qualities such as: leading marks in the commodities; determines whether the commodities are in perceptible good condition and order; the volume and quantity of the commodities; The statement provided by the owner of the ship is evidence of the quality and quantity of the commodities. If the commodities are found to be inconsistent with the statement made by the ship owner, then the party is required to establish that the commodities were not in a bad condition. If the same is established, the carrier shall be liable for misrepresentation. In case of such disputes relating to the condition or quantity of commodities, bill of lading shall become a prima facie proof that the commodities were shipped under conditions stipulated in the Bill of lading. The Bill of lading, which states that the commodities are in good condition it is known as clean bill of lading and a bill that states the commodities are in bad condition and is not in order, the Bill is a claused bill of lading under the Carriage of Commodities by Sea Act 1971. Bill of Lading as a Document of credit The documentary credit includes letter of credit transactions where the bank of the purchaser provides a letter of credit that affects the payment of the commodities purchased. The requirements of Bill of lading to be used as a document of credit have been stipulated under Article 20 UCP 600. The UCP does not explicitly distinguish between a non-negotiable Bill of lading and a negotiable Bill of lading. Banks usually require complete set of bills of lading in case more than one bill has been issued and it shall reject any tender that is less than the complete set of Bills. Further, a bank usually accepts a clean bill of lading along with the other conditions stipulated under Article 20 of the UCP to give effect to the documentary form of credit in favor of the purchaser. A document of title is kwon as a deed that permits the holder of the document to handle the commodities like the owner of the commodities. The bill of lading can be said to obtain the actual delivery of the commodities at the designated ports (Ahmadi, Elsan Noshadi, 2017). A lawful holder of a bill of lading is said to have constructive ownership of the commodities. In fact, during transition of the commodities, the owner of the commodities can trade the commodities to another person by just conveying the bill of lading as consideration. Therefore, a legitimate holder can easily transfer the commodities by delivering the documents to a third person. However, a Straight Bill of Lading cannot be stated as a document of title. The Bill of Lading acts as the only binding contract entered between the carrier and the receiver of the commodities, which implies that the terms not incorporated in the Bill, shall be excluded (Aikens, Lord Bools, 2015). This is because the buyer has only the notice of the terms stipulated in the Bills of lading and terms used outside the Bills shall amount to breach of contract law principles as was held in Leduc Co v Ward [1888]. Evaluation of electronic Bill of Lading to perform functions of Paper Bill of lading The question whether electronic Bill of lading is capable of performing the purpose of the Paper Bill of lading has been subjected to several debates. Majority of the jurisdictions rely on bill of ladings that are in writing instead of its electronic form. Further, legal uncertainties may arise with respect to the evidentiary value, validity, storage of data messages and incorporation of terms and conditions in the contract of carriage. However, despite such arguments against using of electronic Bill of lading, traders are using the electronic means to carry out the international transactions on the ground that paper Bills ate insecure, expensive ad complicate to use, which often cause unnecessary delay. In regards to the ability of electronic Bills to perform the functions of paper bills, it can be stated that acting as an evidence of carriage and receipt of shipped commodities does not pose any problem. The document of title function can be achieved by providing a framework through which secured transaction laws should provide sufficient rules that enable merchants and banks to accept the document title. Thus, the creation of security interest in an electronic document of title shall make it capable to function like paper Bill of ladings (Gaskell, 2016). In regards to the transferability of electronic Bill of lading, it can be performed to remove the legal impediments with respect to the endorsement and physical delivery of the paper Bill of lading under Article 16(f) of Model Law. According to Article 17, the data used in electronic bill is equivalent to the paper requirement of the traditional Bill of lading. Further, Article 8(1) and 8(4) ensures that the data messages satisfies the originality, integrity, reliability requirement of the data provided the information remain unaltered and complete. Furthermore, as per Article [3(3)] of Hague-Visby and Article [14(1)], which requires the carrier to issue a bill of lading on demand of the shipper and Article [3(3) (a) (b)] and Article [3(6)] of the Hague-Visby requires the bill and certain notices to be in writing. The electronic bill of lading may perform this function as well due to the provision in Article [1(8)] of Hamburg Rules, which includes telex, telegram, and electronic signature on the bill of lading, thus, giving recognition to the electronic Bill of lading. Conclusion The electronic form of Bill of lading can achieve the functions of the traditional Bill of Lading if the policy initiatives and legislative measures of states computerize port facilities and amend the domestic laws to incorporate the electronic form of bill of lading. Electronic bill of lading shall succeed in performing the function of negotiability that is performed by the traditional form of bill of lading and will become the business custom in terms of time, acceptance and amount of data usage. Thus, the electronic bill can be said to be able to perform similar functions of paper bill of trading but with distinct procedural characteristics. References 1985 - UNCITRAL Model Law on International Commercial Arbitration Ahmadi, M. R. A., Elsan, M., Noshadi, I. (2017). Comparative Study of Bill of Lading Function as Title Document.J. Pol. L.,10, 188. Aikens, R., Lord, R., Bools, M. (2015).Bills of lading. CRC Press. Basinco Motors Ltd v WoermannLine Anor [2009] 13 NWLR (Pt. 1157) 149 at 186 Carriage of Commodities by Sea Act 1971. Gaskell, N. (2016, January). Overview of Electronic Bill of LadingAdvantages Challenges. InElectronisation of Transferable Documents or Instruments Used in International Trade. Law, U. M. L. U. M. (2016). on International Commercial Arbitration (1985), with amendments as adopted in 2006 Status,(evrimii). Leduc Co v Ward [1888] 20 QBD 475 Ogwuru v Co-op bank of E/N Ltd (1994) 8. NWLR (Pt. 365) 685 at 687 Protocol (SDR PROTOCOL) Amending The International Convention for the Unification of certain rules of law relating to Bills of Lading of 25 august 1924 (the hague rules), as amended by the protocol of 23 february 1968 (visby rules) Uniform Customs and Practice for Documentary Credits [UCP] 600 United Nations Convention on the Carriage of Commodities by Sea, 1978 (Hamburg Rules)