Ap Us Dbq Progressive free essay sample

The years between 1900 and 1920 were known as the Progressive Era. During this time period, the United States experienced reforms by the people and reforms brought about by the federal government at a national level. There were many issues during this time period like child labor, the formation of trusts and monopolies, bad working conditions, and mistreatment of the working class. The efforts to reform these issues were either completely unsuccessful or successful with limitations. One of the issues that occurred during this time was the horrible working and unsanitary conditions in factories. A factory that particularly stood out was the meat packing industry. We will write a custom essay sample on Ap Us Dbq Progressive or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The dirty and disgusting conditions caused people to get sick and die of various diseases. Things like this caused the emergence of Muckrakers, reporters that worked to expose the true story. An example of this was Upton Sinclair and his novel â€Å"The Jungle†, that warned Americans about the horrors of the meat packing industry. This kind of exposure led to reforms, like the formations of the FDA that would check factories for sanitary conditions (Document B). Another thing that people felt needed to be reformed was child labor. Most children barely got a school education, and went straight to work in factories in order to help support their families. Because this kind of lifestyle was inevitable for many children, reformers passed laws to set a minimal age for when children can begin to work(Document C). However, laws like this were minimally successful because children would go to school until the new minimum age that they could, and then continue to drop out in order to work in factories. Another reform that was greatly focused on during this time period was the women’s rights movement. Women fought for the right and ability to get more involved in outside life and government (Document H). One of the largest successes during this time was the ratification of the 19th Amendment which gave women the right to vote. It is now very clear that the people worked to help bring about reform; however, the federal government also brought about reform at a national level during this time period. In his speech, Theodore Roosevelt brought about the reform of direct election of senators. This meant that the people would now be able to directly elect their senators in the same way that they elect their president. This was a successful reform because it stuck with the American people from 1912, when this speech was given, until now. There were some laws that were passed by the federal government that weren’t very successful when it came to reform. For example, the Clayton Antitrust Act that was against the creation of trusts and monopolies. It wanted to kill competition by declaring that things shouldn’t be different prices because that leads to competition, which ultimately leads to the destruction of small businesses and the creation of monopolies. The law made sense when it came to getting rid of monopolies, but it was unsuccessful because of its idea to kill competition (Document E). On top of that, with these new laws, the federal government couldn’t differentiate between good trusts and bad trusts, so they ended up destroying all of them (Document A). The Hammer v. Dagenhart case particularly stood out during this time period. It argued about whether the government should be able to control interstate commerce and transportation of products made by the labor of overworked children under the age of sixteen. The final ruling transcended the authority delegated to Congress over commerce by the Constitution (Document G). All in all, the period from 1900- 1920 was an era of reform and that’s why it is known as the Progressive Era. The people brought about reforms when it came to child labor, exposing the truth about factories, and women’s rights. The federal government also brought about reforms about monopolies, labor, education, and much more. However these reforms were successful with certain limitations. For example, when it came to trusts, the government killed all of them whether they were good or bad. As Herbert Croly believed, President Wilson was a smart man but he was not thinking realistically. The national government can’t just pass a few laws of reform and expect all of society’s ills to be healed. Society needs more laws with stricter enforcement in order to provide a truly successful period of reform (Document F).

Leadership Reform

Question: AIMS: Rural primary care physicians and assistants of physicians experiences obstructions while implementing EHRs at rural primary care clinics. This study deals with this subject. The knowledge that they gain: Disseminate knowledge of EHR technology through the removal of barriers Take decisions on rural PCPs. Change policies and plan projects Mange relationship with stakeholders I have explored the rural PCPs implementation of EHR system through a qualitative and phenomenological design. Research Question: The research questions include the following: What the primary care physicians and their assistants have faced? What they think about complex adaptive systems while trying to recover the problem of implementing electronic health records? Answer: Topic significance: According to Adams Gaetane (2011) Business community might enrich from the outcome of the research and it may influence rural primary clinics to adopt the electronic health records. Through a qualitative research gaps will be filled, literature will be extended and the structure of future research provided in it will increase the scope of further research. It will be useful in business practices, processes and policies. Contribution to Business practice: As discussed in Sheffield Haslett et al (2012), through a qualitative and phenomenological research, there will be a formation of clear understanding of how to overcome the barriers and that too from the perspective of the rural PCPs and their assistants. The stakeholders of rural primary care clinics will get information about what influences the decision-making leading towards a successful implementation of EHR. According to Mechanic (2008), it will benefit from low health care cost although the quality of treatment will increase It will encourage implementation and adoption of EHR in HIT field and develop efficient low cost health care services that will result into a sustainable business. Implications for Social change Because of the research, the PCPs and rural primary care clinics may strive to work independently without any assistance from government. According to Adler-Milstein Bates (2010) the impact will lead to innovative and efficient health care system to fulfill the demands of increased life expectancy as well as reduced resources. An increased rate of EHR implementation will usher a social change. Background According to Channon et al (2012) many countries including Indian Government has influenced the doctors, nurses, hospitals and insurance companies to use ICT (Information and Communication Technologies) for improvement of qualitative healthcare facilities that will reduce the healthcare cost. Electronic Health Record (EHRs) is one such use of ICT by many countries. According to Goldberg (2012), in last few years, Indias healthcare department has grown in quality and quantity with Private sectors investing in healthcare sector and thus making it into one of the primary contributors of Indias GDP. EHR is a need of rural India because of the following: Accurate and instant information for the patients Enable access of interface such as telehealth to know about clinicians, staff members, and pharmacists. Other facilities not provided locally Help the rural health care organizations to provide effective local care and this is inexpensive Offers efficient specialty referrals Government of India has set some rules for EHR in the year 2013. Ministry of Health and family Welfare ordered the establishment of EHR standards committee, who recommended the guidelines. On its behalf, Federation of Indian Chambers of Commerce and Industry manages it. The guidelines make it sure that all medical data is easily available and portable. This task is problematic as only 160 million people use internet. The barriers are Limited access to infrastructure and capital Suitable products for rural health care Difficulty in using broadband connection Difficulty in acquiring community buy-in Limited scope to collaborate with rural stakeholders Restricted buy-in from rural health care or hospitals staff with multifarious job Reference Adams, C.M. and Jean-Marie, G., 2011. A diffusion approach to study leadership reform.Journal of Educational Administration,49(4), pp.354-377. Adler-Milstein, J. and Bates, D.W., 2010. Paperless healthcare: Progress and challenges of an IT-enabled healthcare system.Business Horizons,53(2), pp.119-130. Brahmer, J.R., Tykodi, S.S., Chow, L.Q., Hwu, W.J., Topalian, S.L., Hwu, P., Drake, C.G., Camacho, L.H., Kauh, J., Odunsi, K. and Pitot, H.C., 2012. Safety and activity of antiPD-L1 antibody in patients with advanced cancer.New England Journal of Medicine,366(26), pp.2455-2465. Lazarus, J.H., Bestwick, J.P., Channon, S., Paradice, R., Maina, A., Rees, R., Chiusano, E., John, R., Guaraldo, V., George, L.M. and Perona, M., 2012. Antenatal thyroid screening and childhood cognitive function.New England Journal of Medicine,366(6), pp.493-501. Mechanic, D. and McAlpine, D.D., 2010. Sociology of Health Care Reform Building on Research and Analysis to Improve Health Care.Journal of Health and Social Behavior,51(1 suppl), pp.S147-S159. Sheffield, J., Sankaran, S. and Haslett, T., 2012. Systems thinking: taming complexity in project management.On the Horizon,20(2), pp.126-136.

Elenor Roosevelt Essay Research Paper Eleanor Roosevelt free essay sample

Elenor Roosevelt Essay, Research Paper Eleanor Roosevelt was the girl of Anna and Elliott Roosevelt, who was President Teddy Roosevelt # 8217 ; s younger brother. She was born in New York City on October 11, 1884. Her female parent died when she was eight and her male parent passed off when she was ten. Her grandma sent her to get oning school in England, and this turned a shy, awkward miss into a lady with complete societal graces. She returned to America for her introduction and met distant cousin Franklin Roosevelt at a party. They were married in 1903 and during the following 11 old ages, Eleanor gave birth to six kids, one of whom died in babyhood. After functioning in the New York State Senate, Franklin Roosevelt became Assistant Secretary of the Navy in 1913. During this clip Eleanor learned what Washington expected of political married womans at that clip. In 1918 Roosevelt developed pneumonia, and Eleanor, while helping with his mail, discovered letters uncovering an matter between her hubby and her personal secretary. We will write a custom essay sample on Elenor Roosevelt Essay Research Paper Eleanor Roosevelt or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Franklin Roosevelt was offered a divorce by his married woman, but he realized the effects to their kids, his kept woman, and his political hereafter would be devasting, so he initiated a rapprochement. While Eleanor continued to assist her hubby politically, things were neer the same after that. She distanced herself from her tyrannizing mother-in-law and began her ain docket. This was the beginning of her devotedness to do profiting victims of poorness, bias, and war. In 1921 Franklin had been playing with his kids at his freshly remodeled New York place, Hyde Park. That dark he went to bed with a febrility ; no one knew right off tha T he had infantile paralysis. Franklin Roosevelt would neer walk once more without the assistance of heavy leg braces, crutches, or a cane. Because the chief agencies of mass communicating was wireless, and because the imperativeness looked the other manner, Americans were non cognizant of the extent of his unwellness. When she became First Lady in 1933 Eleanor Roosevelt understood societal conditions and needs better than any of her predecessors. She became the first president # 8217 ; s married woman to keep imperativeness conferences on her ain, give talks and wireless broadcasts, and she even wrote a day-to-day syndicated newspaper column, # 8220 ; My Way. # 8221 ; Historians subsequently regarded her as the most influential First Lady of the twentieth century. Americans got to cognize Hyde Park good. Its little office on its patio became the summer White House. Many very important persons were entertained at dinners here. In 1939 Roosevelt deeded Hude Park to the state as a National Historic Site. In 1940 the Frankin D. Roosevelt Library adjacent to the house was dedicated. The Roosevelts began utilizing the new office in the library, and often brought points from their place to be included in the library # 8217 ; s archives. President Franklin Roosevelt died on April 12, 1945, after functioning as president longer than anyone else. Eleanor returned to a bungalow at Hyde Park. At the petition of President Truman, she began her service as an American spokesman at the freshly formed United Nations. She resigned in 1953 when Eisenhower became president, and traveled the universe giving addresss on behalf of the American Association for the United Nations until her wellness worsened. Eleanor Roosevelt died November 7, 1962, and is buried following to her hubby at Hyde Park.

Look For a Writing Sample to Find Success

Look For a Writing Sample to Find SuccessAre you a student with a critical writing course and a homework assignment to complete? You need to find a good essay writing sample in order to avoid repeating the same mistakes that have done so many other students so much damage. The hard truth is that the words you type into the computer can make all the difference between how successful you are or how successful you will be. There are a few things you should be aware of before you write your own essay.A writing sample is one of the most important factors to any academic writing assignment. In addition to reading a sample, you need to practice what you read. This is the best way to really get the flow going for writing. A writing sample shows you where you need to be at each stage in the writing process.Take a look at your previous essay. What did you do that was wrong? Was it something that you said? Maybe it was the way you wrote it? If not, then take some time to rethink the way you wri te your next one.If you want to learn to write well, then spend time working on your writing technique. A lot of people don't think they need to improve their writing skill because they just know how to put words together and know that they'll be OK. You may be able to improve your writing skills with practice, but if you're doing the same thing you were a year ago, then you need to work on your skills and learn new ones.Another good place to look for a writing sample is in a writing class. They offer writing workshops to help you improve your writing and get ready for the next level. You might be surprised by how many new ideas you might see that you had overlooked previously.When you write your essays, you want to keep them simple and easy to understand. You can do this by writing them in bullet points and focusing on the main points in each paragraph. You might also look at the entire essay from beginning to end and focus on the parts that you need to focus on.You don't want to l ose focus of the overall idea when you're writing. It's not important to cram as much information into the essay as possible. You need to remember the overall structure is only there for a reason.If you are a student who has some experience with writing but is trying to start out, then use a writing sample. It won't hurt to look around and see what's available to you. The results will surprise you.

The Road Not Taken By Robert Frost Essay Example For Students

The Road Not Taken By Robert Frost Essay Robert Frost is the most well known American poet who draws on nature as a subject for his poems. Nearly all of his poetry can be related to the outdoors and a free feeling that Frost seems to cherish. This also was reflected in his life as he lived around nature for the majority of his life. It is not hard to see through his poems how deeply moved he is by the Earth and the miracle of life. He did suffer through an array of hardships during his life, but still kept an appreciation for what he still had. Robert Lee Frost was born in San Francisco on March 26, 1874. His father, William was a Harvard educated journalist who worked for the Daily Evening Post and was elected as a delegate to the Democratic National Convention in 1880. Isabelle, his mother moved to America at the age of 12 as the daughter of a Scottish sea captain. His mother was his primary source of education and home schooled him for much of his early life. His father passed away in 1884 from tuberculosis and his mothe r moved him and his sister to Lawrence, Massachusetts. This is the first time that Robert is really close to nature and he begins his love for the outdoors here. The basis of our government was realized by Lord Acton, a British historian when he wrote, Power tends to corrupt, and absolute power corrupts absolutely. He knew that if any one person or group ran a country, they would soon become power crazed and lose the respect and support of its citizens. This is the reason why our forefathers came up with a system of checks and balances to ensure that no one group could control the entire government. Lord Acton was not the first to believe in a separated government. Philosophers dating back to Aristotle favored a government that contained the elements of monarchy, aristocracy, and democracy. John Locke later wrote that the best way to eliminate corruption in government was to separate the powers of the legislative and executive branches. Montesquieu added the powers of the judiciary branch to complete what we now call separation of powers. Our forefathers only had to refine the philosophers ideas to come up with our present system of government. Basically they wrote that the executive branch enforces the laws, the legislative branch passes the laws, and the judiciary branch interprets the laws. The president runs the executive branch. The president has many powers including the right to veto a bill. If Congress passes a bill, the president can veto it and unless each house has a two-thirds vote to override the veto, the bill never becomes a law. Over the history of our government, presidents have vetoed over 2,500 acts of Congress and been overridden over 100 times. The president can also call Congress into a special session if they do not act upon proposed legislation by the president. Since the president is head of a political party he can easily influence Congress into legislation. The president can appeal directly to the public in order to influence Congres s. Presidents also have a unique power to pardon people who have been convicted of federal crimes. Another task of our president is to begin the process of appointing all federal judges and other officers of the government, such as his cabinet, ambassadors, ministers, and consuls. Before these positions can be appointed Congress also has to approve each of the officers who were elected by the president. All Supreme Court Judges have been elected by the president then approved by Congress before being appointed. The relationships of the United States and other foreign countries are mostly determined by the president He has the power to decide whether to recognize new nations and governments, and in turn to negotiate treaties with them. He cannot however do this alone. He is dependent on the Senate to approve the treaties with a two-thirds vote. The Senate does not always need to approve the negotiations with foreign nations. The president can negotiate executive agreements without ha ving to be approved by the Senate. .u24a55148d687b6599dad61417bf19bf3 , .u24a55148d687b6599dad61417bf19bf3 .postImageUrl , .u24a55148d687b6599dad61417bf19bf3 .centered-text-area { min-height: 80px; position: relative; } .u24a55148d687b6599dad61417bf19bf3 , .u24a55148d687b6599dad61417bf19bf3:hover , .u24a55148d687b6599dad61417bf19bf3:visited , .u24a55148d687b6599dad61417bf19bf3:active { border:0!important; } .u24a55148d687b6599dad61417bf19bf3 .clearfix:after { content: ""; display: table; clear: both; } .u24a55148d687b6599dad61417bf19bf3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u24a55148d687b6599dad61417bf19bf3:active , .u24a55148d687b6599dad61417bf19bf3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u24a55148d687b6599dad61417bf19bf3 .centered-text-area { width: 100%; position: relative ; } .u24a55148d687b6599dad61417bf19bf3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u24a55148d687b6599dad61417bf19bf3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u24a55148d687b6599dad61417bf19bf3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u24a55148d687b6599dad61417bf19bf3:hover .ctaButton { background-color: #34495E!important; } .u24a55148d687b6599dad61417bf19bf3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u24a55148d687b6599dad61417bf19bf3 .u24a55148d687b6599dad61417bf19bf3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u24a55148d687b6599dad61417bf19bf3:after { content: ""; display: block; clear: both; } READ: Herman Melville And Moby Dick Essay We will write a custom essay on The Road Not Taken By Robert Frost specifically for you for only $16.38 $13.9/page Order now The Congress, which runs the legislative branch is made up of two houses, the Senate and the House of Representatives. The Senate contains two officials elected from each of the fifty states and population determines the number of officials in the House. This means that the more densely populated states have a higher number of representatives. Congress is where amendments and bills are first voted on. In the case of the president vetoing their proposed bill, the Congress can vote again and with a two-third majority still pass the bill. It then passes through to the Supreme Court, which is the last stop for a proposed bill. It is there that the judges determine whether the new bill is Unconstitutional and if so the bill is not passed. In all 155 congressional acts have been deemed by the Supreme Court to be Unconstitutional. The federal budget has to be approved by the Congress. All revenue bills must originate in the House then be approved by the Senate. This is to ensure that the St ates with larger populations cannot control the money situation. In fact any bill that is passed by one house can be voted against in the other. With a majority, that bill will not be passed through for the presidents approval. The Senate also has a few powers that are reserved strictly for them. Only the Senate has to approve the presidents choice for government officials and ambassadors. Only nine cabinet nominees have ever been denied by the Senate. They are the only house needed to ratify treaties that are proposed by the president. In the matter of impeachment both houses have powers that they can call their own. The House has to bring charges of misconduct and then the Senate tries the cases and determines whether they are guilty or innocent. Both houses of Congress have shared responsibility for economic decisions including taxes, borrowing money, regulating commerce between states and with foreign countries, making money and stating its value, punishing counterfeiters, and d etermining bankruptcy laws. In addition the houses determine the rules and regulations for the naturalization of foreign citizens, set the standard for weights and measures, provide for post offices and public roads, issue patents and copyrights, punish piracy, and establish federal courts. They also provide for an army and a navy and can declare war. They can use these military forces in order to uphold our laws. The final branch of our government is called the judiciary branch. It is made up of both the federal and state court systems. There were state courts long before the Constitutional Convention, which brought up a debate on whether we should even have a federal court system. They soon decided that we should keep the state courts and add a federal court system with limited power. The first Congress then divided the country into districts and created a federal court for each one. The federal court system now consists of the Supreme Court, 91 district courts, 11 appeals courts, and three courts of special jurisdiction. In order to become a federal justice one has to be nominated by the president then approved by the Congress. Judges are not elected for a certain number of years; instead they hold their positions during good behavior. This simply means that until they die, retire or resign they remain in office. If a judge ever commits an offense they can be impeached by Congress and lose their job. Congress carries even more power over the federal court system. Congress can create or abolish any federal court besides the Supreme Court. It also determines how many judges are used in the judiciary system and what their pay scale is. .ue4b618f73c6b64edc90ed7efa5ba0cd1 , .ue4b618f73c6b64edc90ed7efa5ba0cd1 .postImageUrl , .ue4b618f73c6b64edc90ed7efa5ba0cd1 .centered-text-area { min-height: 80px; position: relative; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 , .ue4b618f73c6b64edc90ed7efa5ba0cd1:hover , .ue4b618f73c6b64edc90ed7efa5ba0cd1:visited , .ue4b618f73c6b64edc90ed7efa5ba0cd1:active { border:0!important; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .clearfix:after { content: ""; display: table; clear: both; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue4b618f73c6b64edc90ed7efa5ba0cd1:active , .ue4b618f73c6b64edc90ed7efa5ba0cd1:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .centered-text-area { width: 100%; position: relative ; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue4b618f73c6b64edc90ed7efa5ba0cd1:hover .ctaButton { background-color: #34495E!important; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue4b618f73c6b64edc90ed7efa5ba0cd1 .ue4b618f73c6b64edc90ed7efa5ba0cd1-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue4b618f73c6b64edc90ed7efa5ba0cd1:after { content: ""; display: block; clear: both; } READ: Scarlet Letter And Scaffold EssayJudicial power is used in many different sorts of cases. A court is used to settle disputes in any case which arises under the Constitution, the laws and treaties of the United States, and any which affect ambassadors of foreign countries in America. They attend to any maritime cases and pretty much any controversy which includes the government. They are also responsible for any controversy between states and a foreign nation. That includes American citizens that have disagreements with a citizen of another country. However, they cannot hear cases with a citizen against a state government as well as any cases concerning individual state law s. Aside from trying cases the Supreme Court is also the final step

Violence In America Essays - Discrimination, Emotions, Abuse

Violence In America In the ideal America, our celebrated, ethnically diverse populous would overlook and not even recognize such socially developed stigmas such as race, sex, color, and religion. The ideal American would not even look at another and classify that person as black, white, Asian, Indian, Mexican, Irish, Jewish, Catholic, Jewish or; well, my point is made. But America is far from ideal. The ignorance that reigns in this country is unfortunately passed on from generation to generation with little regard for what effect it may render on its audience. Sadly, fear is created from ignorance. Sadder still is that hate spawns from fear, and as represented by the staggering domestic abuse rate, violence is handed down from previous generations as well. The probability and means to cultivate hate crimes is now present and the formula is potent enough to guarantee that they will happen. Hate crimes are happening in America at a disturbing frequency. That being a given, it is time we as a society look to the roots of hate crimes in America. I believe these roots lie in our society`s notion and practice of family structure. More so in the way we pass down our ignorance, fear, unacceptance, and intolerance to future generations. A hate crime in itself is defined as a criminal act with intent to defame and slander another person. At further introspection though, I think that we will find that there is more underlying issues than just committing a crime with malice towards someone different than ourselves. The human mind at the time of birth has no prejudice. A baby does not look at another human being and feel afraid or angry with that other individual. The human infant has no predators in these times, therefore there should be no fear instilled naturally. I would like to think that these minds could be viewed as clean slates. So where does the fear and hatred needed to commit a hate crime, and dirty that slate, come from? All social science research has come to a solid conclusion that parents, or the primary caretakers, of a child are the single most influential stimulus on that child`s development. The answer is that we as a society, both internationally and in America, have found ways to continually and regeneratively brainwash and condition our children. We teach them to classify humans with titles that have no real biological worth such as Asian, American, Latin, African, and European among others. One fairly publicized hateful incident involved some Texaco executives who were caught slandering black and Jewish employees and making derogatory references and actions towards them. One remark an executive made was I`m still struggling with Chanukah, and now we have Kwanzaa... Poor Saint Nicholas, they have sh-tted all over his beard. What caused this person to have these points of views? How long has this idea been in his head? Where does this idea develop if it is not genetically created? The answers lie with the majority of all non-biological dysfunction present today; the individuals upbringing. These same questions and same answers can be applied to almost any incidence of hate and violence today. Especially prevalent is the incidence of the dragging murder in Jasper, Texas in which a black man was beaten, and dragged, and decapitated. This was perpetrated by two white supremacists, making it a violent hate crime. How does a person`s inner frustrations become so great that they can control behavior to the point of making that person take another life? It is directly related to the perpetrator`s upbringing and the views and ideals that were passed on to him since day 1 in his life. In many of these scenarios, justice has been dealt to the assailants or perpetrators by our federal law system. But it seems that in just as many instances justice was not dealt to all, or it was too little too late. In any case though, the legal system has taken a reactive approach. Justice in itself is reactive in nature, and consequently that may be why hate crimes and crime in general continue to happen with great frequency. America has taken a reactive approach to hate crimes. As a country and as a world we need to take a proactive approach to prevent hate crimes. Prevention is the key to stopping further hate crimes in America and around the world, and it can be done. People just need to stop the influential modeling and passive teaching to their children and future generations that certain people are inferior, unwanted, or

Should insurable interests be abolished Essay Example

Should insurable interests be abolished Essay Example Should insurable interests be abolished Essay Should insurable interests be abolished Essay Should insurable involvements be abolished? In this thesis I will ship upon a elaborate rating of the jurisprudence in relation to ‘insurable interests.’ I shall through analysis of legislative act and case-law describe the current regulations refering to this country of jurisprudence, and shall sketch the advantages and disadvantages of such. Through treatment of the altering fortunes giving rise to insurable involvements I shall so measure whether or non, based upon these analyses, we should get rid of insurable involvement from UK Law. The first thing to observe is that historically it has been really hard to place a general regulation to explicate when insurable involvements should use, as there has neer been a general demand for an insured to possess an involvement in the capable affair of an insurance policy. Alternatively specific regulations have been developed for different types of insurance agreements. For illustration, the regulations refering to Life Assurance Policies are set out in the Life Assurance Act 1774, which describes itself as â€Å"An Act for modulating Insurances upon Lives, and for forbiding all such Insurances, except in instances where the Persons sing shall hold an Interest in the Life or Death of the Persons insured, † whereas the regulations refering to Marine Insurance policies are governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. Other policies, including liability and belongings insurance are governed by regulations which have been established through common jurisprudence instead than legislative act, but are similar in nature to the regulations contained within the Marine Insurance Act 1906. I shall discourse the assorted different types of Insurance Policy and the particular regulations which govern the demand of insurable involvements in greater deepness subsequently in this essay, but for now I would merely wish to do the point that the deficiency of general regulations refering to insurable involvement topographic points an interesting new dimension to the treatment subject with which we are faced in this essay ; should insurable involvements be abolished wholly, or are their certain types of insurance policies to which they should go on to use? Before we embark on our analysis of the instance jurisprudence and the legislative act refering to insurable involvements, allow us foremost be clear about the nature of the philosophy. The philosophy of insurable involvements precludes those people who have certain types of involvements in the life, liability or belongings to be insured from lawfully buying insurance policies over those involvements. In basic footings, the philosophy of insurable involvements prevents a individual from taking out insurance policies on life, belongings or liabilities in which that individual has no vested involvement or ownership. The principle for this regulation is about axiomatic ; to let person to take out an insurance policy against, for illustration, the devastation of belongings in which he or she does non hold any ownership would be to efficaciously allow such a individual to utilize the insurance system as a method for chancing, the insurance premiums stand foring the exclusive steak, and the pay-out against the devastation of that belongings as the pay-out. R Merkin, in his article â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774 [ 1 ] † argues this point persuasively, and points out that such a gambling civilization contravenes the really implicit in aims of the UK insurance system ; it is non a system designed to assist people enrich themselves through bad luck, but instead one which compensates or reimburses for losingss really suffered. Therefore, we may province that one of the cardinal aims of the philosophy of insurable involvements is to continue the insuranc e rule of insurance by forestalling people utilizing insurance as a method for chancing. From this analysis emerges yet another immorality which the philosophy of insurable involvements is obviously trying to forestall ; is person is allowed to see against belongings, life which does non belong to them, so that individual would so hold a vested involvement in the devastation of that belongings. For illustration, if I have taken out insurance against my neighbour’s ?250,000 house, at an one-year premium of ?500, so if the house was destroyed, so I would efficaciously do a net income of ?249,500. Whilst non everybody would really put about to intentionally destruct others belongings, the potency for utmost net income would surely promote some people to prosecute in this pattern. Therefore another chief aim of the philosophy of insurable involvements is to forestall moral jeopardy ; insurance policies should non make inducements for people to destruct the capable affair of the policy. As mentioned antecedently, the philosophy of insurable involvements was established by 18th century legislative act ; the Life Assurance Act 1746 or the Life Assurance Act 1774. These two legislative acts nevertheless failed to prosecute in a definition of what was meant precisely by an ‘insurable interest.’ Debate ensued as to whether an insurable involvement should be limited to strictly legal involvements, or whether a ‘factual expectation’ of an involvement in the belongings would do. The range of this argument can be seen through a comparing of two 18th century instance determinations. The first is the instance of Le Cras v. Hughes 1782 [ 2 ] . The facts of this instance were as follows: A British Captain was appointed Captain of a Spanish vas, which was captured by the British in the war with Spain. Under the Prize Act, the crew of a ship may really, under certain fortunes, be awarded with the rubric of a ship and its goods one time a captured ship returned to England. With this in head, the crew of the ship decided to take out an insurance policy to protect their possible involvement in the ship. On their ocean trip back to England a violent storm destroyed the ship, and as such the Captain and the staying crew tried to claim for the loss of the ship on their insurance policy, but the insurance company refused to pay out on the footing that the legal involvement in the ship had non yet become vested in the Captain as the ship neer managed to return to England in tact. Judge Mansfield, whilst holding with the insurance company that the Captain did non really have a legal anticipation in the vas, still held that the Captain should be able to retrieve. He reasoned that the Captain has acquired what might be described as a ‘factual expectancy’ based upon the fact that from past experience of English maritime usage whenever a gaining control has been made, since the Revolution ( 1688 ) , by sea or land, the Crown has made a grant and there has been no case to the contrary. Judge Mansfield hence held that the Captain of the ship did in fact possess an insurable involvement and was entitled to be reimbursed for the full cost of the ship by the insurance company: An involvement is necessary, but no peculiar sort of involvement is required. Master Holfold s insurance though non a vested involvement, were held insurable. An agent of awards may see his net incomes though they are in eventuality Some writers see this instance as simply an illustration of the jurisprudence intervening and making a philosophy in order to forestall unfair consequences from happening ; the Captain did non take out a policy for the intents of unfair enrichment, but instead to protect his possible involvement in the vas. The opinion of this instance is non in dispute to the insurance rule of insurance, and hence Judge Mansfield could see no ground why the Captains claim should non be allowed. The philosophy of factual outlook may therefore hold been created to let the tribunals to relinquish the rigorous legal regulations where appropriate, i.e. where the consequence through application of the rigorous legal regulations would non be the most merely in the full fortunes of the instance. This instance may hence be seen as an illustration of judicial pragmatism. On the other side of the coin is the instance of Lucena v. Crawford ( 1805 [ 3 ] ) , a instance that attempted to set up a narrow and stiff legal definition of insurable involvement. The facts of this instance are really similar to those that we have merely discussed supra, but in this instance, Lord Eldon decided that he did non desire to advance the philosophy of factual outlook, but instead make a stiff regulation that would advance a greater grade of legal certainty in instances sing the designation of insurable involvements. Lord Eldon insisted that the being of an insurable involvement must depend upon the being of a legal right, and as the Captain did non hold a legal right to the ship in inquiry, he could non be supported by jurisprudence in his claim against the insurance company. His concluding for this determination was as follows ; if the insurance company who had insured the ship were in a place to be able to see a ship when they did non at that minute in clip have any belongings involvement in that vas, so it would similarly be possible for anyone to see the ship and as such all the jobs of the insurance system being used as a method for chancing would once more originate: ..If they have a right so to see, it seems to me that any individual who is directed to take goods into his warehouse may see If moral certainty be a land of insurable involvement, there are 100s, possibly 1000s, who would be entitled to see. First the dock company, so the dock-master, so the warehouse-keeper, so the porter, so every other individual who to a moral certainty would hold anything to make with the belongings, and of class get something by it. Eldon farther supported his statement by manner of a conjectural analogy: Suppose A be possessed of a ship limited to B in instance A dies without issue ; that A has 20 kids, the eldest of whom is 20 old ages of age ; and B is 90 old ages of age. It is a moral certainty that B will neer come into ownership, yet this is a clear involvement. On the other manus, say the instance of the inheritor at jurisprudence of a adult male who has an estate worth 20,000 a twelvemonth, who is 90 old ages of age ; upon his death-bed intestate, and incapable from incurable madness from doing a will, there is no many who will deny that such an inheritor at jurisprudence has a moral certainty of wining to the estate ; yet the jurisprudence will non let that he has any involvement, or any thing more than a mere outlook. In Eldon’s sentiment hence the former would hold an insurable involvement, whereas the latter would non. And so we can get down to see non merely the aims behind the philosophy of insurable involvements, but besides the practical jobs of making a legal trial which will forestall these aims being breached but that will besides, at the same clip allow those who should, in the fortunes of their instance, be awarded wage from their insurance companies, despite their non holding a rigorous legal involvement in the belongings in inquiry. The inquiry which we must now inquire ourselves is this ; are these aims still of import in the twenty-first Century, and if so, are they so of import that the philosophy of insurable involvements must stay in UK jurisprudence? Let us now examine how the philosophy of insurable involvements has developed since the above instances, with peculiar mention to how the regulations differ for each type of insurance policy ; after all, as touched upon earlier in the essay, there is no general regulation that an insurable involvement is required for every type of insurance policy, and hence there is no ground why our decision must be limited to a yes or no reply as to whether this philosophy should be abolished. In relation to life confidence policies, the jurisprudence insists that the insurance company, i.e. the individual taking out the insurance policy, has an insurable involvement in the life of the insured, i.e. the individual whose life is being insured. Straight off we can see a job with using our earlier definitions of insurable involvement to such state of affairss ; a individual can non purely talking have a legal involvement in the life of another. The jurisprudence in this country nevertheless has developed to merely allow people to take out life confidence policies against either their partner, or any individual who is financially dependent upon the individual taking out the insurance policy. The legal authorization for this limited range is contained in subdivision 1 of the 1774 Life Assurance Act, which provides: â€Å"†¦ no insurance shall be made by any individual †¦ on the life or lives of any individual, or on any other event or events whatsoever, wherein the i ndividual or individuals for whose usage, benefit, or on whose history such policy or policies shall be made, shall hold no involvement, or by manner of chancing or wagering: and that every confidence made contrary to the true purpose and significance hereof shall be void and null to all purposes and intents whatsoever.† The inquiry which immediately comes to mind is how the jurisprudence can warrant a differentiation between those twosomes who are married and those twosomes that are un-married but are live togethering in a similar manner? After all we can non doubt the fact that a twosome may be in love with one another and be in close propinquity whether married or non, and as such, the same justification for leting married twosomes to see against each other’s possible decease must use to those twosomes who are populating together. In relation to Marine Insurance, as mentioned earlier, the jurisprudence is governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. The relevant subdivisions refering to the philosophy of insurable involvements are as follows: Section 4 ( 1 ) of the Act provides that: â€Å"Every contract of Marine insurance by manner of gambling or wagering is void.† This subdivision clearly demonstrates that the aims of the philosophy of insurable involvement, as discussed antecedently, were still, in 1906, a great concern to the legislators of the clip. Section 4 ( 2 ) of the Act sets out the state of affairss which will be classed by jurisprudence as ‘gambling or wagering’ : â€Å"A contract of Marine insurance is deemed to be a gambling or beting contract- ( a ) Where the assured has non aninsurable involvementas defined by this Act, and the contract is entered into with nooutlook of geting such an involvement; or ( B ) Where the policy is made â€Å"interest or no involvement, † or â€Å"without farther cogent evidence of involvement than the policy itself, † or â€Å"without benefit of salvage to the insurance company, † or capable to any other similar term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurance company. † Within this subdivision we can see an incorporation of both the rigorous legal trial of insurable involvement [ as highlighted in bold above ] along with an recognition that a factual outlook will do as an insurable involvement [ in italics above ] . The existent definition of insurable involvement nevertheless is contained in subdivision 5 of the 1906 Act, which provides that: â€Å" ( 1 ) Subject to the commissariats of this Act, every individual has an insurable involvement who is interested in a marine escapade. ( 2 ) In peculiar a individual is interested in a marine escapade where he stands in any legal or just relation to the escapade or to any insurable belongings at hazard therein, in effect of which he may profit by the safety or due reaching of insurable belongings, or may be prejudiced by its loss, or harm thereto, or by the detainment thereof, or may incur liability in regard thereof.† And so we can see that one of the differences between the philosophy of insurable involvement in relation to life confidence as opposed to marine insurance is the fact that with the former the insurable involvement must be at the clip of taking out the policy [ 4 ] , whereas with the latter an insurable involvement is merely required at the point of loss [ 5 ] . This opposing point of view does non truly do much rational sense, and non merely supports our earlier unfavorable judgment that the philosophy of insurable involvement should use to life confidence policies between single twosomes, but besides raises a concern as to the anomalous nature of the philosophy and the ensuing deficiency of legal certainty. There are farther anomalousnesss ; the regulations of insurable involvements for insurance insurance policies are non governed by either of the above statute law, but instead through common jurisprudence which has come to the place that for such policies an insurable involvement is required but that such an involvement may be direct or indirect and can be proved through demoing that the individual concerned has suffered a loss [ 6 ] . The regulations of insurable involvement for all other types of insurance policy are governed, albeit indirectly, by Section 18 of the Gaming Act which renders unenforceable â€Å"All contracts or understandings, whether by word or in authorship, by manner of gambling or wagering, shall be void and void.† As we can see, the fact that there are different regulations for each type of insurance policy, and the fact that there are disagreements in the application of the philosophy of insurable involvements between each of these different insurance types truly does intend that the jurisprudence in this country is extremely unaccessible, in that the regulations for the application of this philosophy are contained in ancient legislative act and case-law and are non easy to happen, and incoherent, in that there are anomalousnesss such as the one pertaining to the life confidence of un-married twosomes. In portion the anomalousnesss may merely be a consequence of the fact that this philosophy has been developed in a piece-meal manner over a long period of clip, but whatever the grounds the fact is that this is a major unfavorable judgment of the current jurisprudence pertaining to insurable involvements. Waller LJ nevertheless, in the instance of Feasey V Sun Life Assurance Company [ 7 ] , argues that due to the nature of the construct of the philosophy of insured involvements, it impossible to hold the same set of regulations which applies to every type of insurance policy. He said: â€Å"†¦ I would propose that it is hard to specify insurable involvement in words which will use in all state of affairss. The context and the footings of a policy with which the tribunal is concerned will be all important. The words used to specify insurable involvement in, for illustration, a belongings context, should non be slavishly followed in different contexts, and words used in a life insurance context where one identified life is the topic of the insurance may non be wholly apt where the topic is many lives and many events. [ 8 ] † I would reason that whilst I agree that there good may some cardinal and built-in grounds for using the philosophy of insured involvements otherwise dep ending upon which type of loss is the topic of an insurance policy, greater justification is required if such disagreements are allowed to prevail. Ward LJ, in the same instance did non hold with Waller LJ but instead advocated thatâ€Å"for the interest of lucidity and consistence, insurable involvement should bear every bit about as possible the same significance for all classs of insurance.†I agree with Ward’s sentiment. These unfavorable judgments aside, the fact is that in pattern the judiciary tend to favor the determination of an insurable involvement in such instances. The ground for this was expressed compactly by Brett MR in the instance of Stock V Inglis ( 1884 ) [ 9 ] : â€Å"In my sentiment it is the responsibility of a Court ever to tilt in favor of an insurable involvement, if possible, for it seems to me that after investment bankers have received the premium, the expostulation that there was no insurable involvement is frequently, every bit about as possible, a proficient expostulation, and one which has no existent virtue, surely non as between the assured and the insurer.† Given this go oning desire to see that insurance companies meet their fiscal duties to those people from whom they have accepted insurance premiums, and given the legislatives continued committedness to forbid contracts of gaming and wagering, we must inquire ourselves whether or non the philosophy of insurable involvements has any existent topographic point in out 21stCentury Insurance jurisprudence. Besides, the modern demands of uberrima fides [ utmost good religion ] make impulsive revelation of all relevant material facts known to the insured party a legal demand, and based upon this information it is up to the insurance company to make up ones mind whether they wish to see against the hazard in inquiry, and what premium they require. I do non believe that it is just that an insurance company can hold to see person for a hazard at a certain premium, and so when that hazard materialises into a world the insurance company turn about and decline to do payment on the trifle of defic iency of insurable involvements. On this footing I feel that whilst it may non be necessary to get rid of the philosophy of insurable involvements, alteration is surely required to guarantee that it is non used by insurance companies as a proficient land for equivocation of liability. An interesting statement has been put frontward by Clarke in his 2005 article Policies and Perceptions of Insurance Law in the Twenty-first Century [ 10 ] . He argues that the philosophy of insurable involvement does non function its intent in the manner that it purports to make. He argues that people should be allowed to see against what they choose, be it other people or other people’s belongings. He grounds this statement by was of a conjectural illustration: â€Å"If A, for grounds which A knows best, values B s life adequate to pay premiums, why non allow A make so? Why non trust people? Why non swear the constabulary, who will be the first to look at A if B dies all of a sudden, and society at big to see that B is safe from A? † This is a really good point ; after all should belongings be destroyed or a individual be killed the constabulary would be the first to ask as to who would profit from such occurrences and this would in most instances point to the perpetrator. What Clarke does non account for in his statement is the fact that if insuring on other people’s lives became a wide-spread commercial world, it may be really hard for the constabulary to place the individual who performed the condemnable harm or slaying, as the perpetrator may be one of a figure within an insurance mob. Despite this, I do empathise with Clarke’s point of view, and do experience that it would be better to hold a system which was non so randomly restrictive. In decision, I would reason that there surely is a instance for the abolishment of the philosophy of insurable involvements ; the current philosophy and the regulations thereof are really unaccessible, being contained in different and really ancient instance jurisprudence and legislative act, inconsistent [ as between different types of insurance policy ] and in topographic points are unduly restrictive. It can besides be argued that there is no existent demand for the philosophy in 21stCentury insurance jurisprudence, as the contractual demand of uberrima fides coupled with the jurisprudence which prohibit bet oning or beting in such contexts are sufficient to forestall insurance policies being used in such ways without the philosophy of insurable involvements. These are non needfully nevertheless exceptionally strong grounds for get rid ofing this philosophy wholly, but there is no uncertainty that it surely needs reform. The jurisprudence should be clarified, with one regulation which applies to all sorts of insurance policy. Besides, insurance companies should be regulated to a greater grade so that they can non utilize the philosophy as a trifle by which they will seek to avoid paying out on their insurance policies. Bibliography and Mentions Legislative acts: Life Assurance Act 1774 Marine Insurance Act 1906 Marine Insurance Act 1746 Marine Insurance Act 1788 Life Assurance Act 1746 Cases: Le Cras v. Hughes 1782 99 Eng.Rep. 549 ( KB 1782 ) Master Holfold s Lucena v. Crawford ( 1805 ) 127 Eng.Rep. 630 ( 1805 ) 331Dalby 5 India and London Life-Assurance Co ( 1854 ) 15 CB 365 Siu Yin Kwan V Eastern Insurance [ 1994 ] 2 AC 199. Stock V Inglis ( 1884 ) 12 QBD 564 Feasey V Sun Life Assurance Company [ 2002 ] 2 AER ( Comm ) 492 and [ 2003 ] 2 AER ( Comm ) 587 Diaries: R Merkin â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774† ( 1980 ) 9 Anglo-American Law Review M A Clarke, Policies and Perceptions of Insurance Law in the Twenty-first Century ( 2005 ) P 38. Leimberg and Gibbons, TOLI, COLI, BOLI, and Insurable Interests An Interview With Michel Nelson, Estate Planning Magazine, Vol. 28, No. 1, July 2001, Pg. 333. â€Å"Insurable Interest in Property: A Socio-Economic Re-evaluation of a Legal Concept† B Harnett, JV Thornton Columbia Law Review, 1948 1