Occupier Liability Essay Example | Topics and Well Written Essays - 1250 words

Occupier Liability - Essay Example According to the discussion there is a common duty of care6 on the occupier to ensure his premises are reasonably safe at all times.7 If any danger exists, it is the duty of the Occupier to post signs warning of the danger and this can satisfy the duty of care expected8. In the case of the Park, due signs were posted and therefore, visitors to the park were duly warned they were using the facilities at their own risk. Occupier liability will be limited by the element of foreseability of accidents. In the case of Cunningham v Reading9 loose tiles on the terrace were the cause of police injury, for which the Occupier was held liable, because this was an instance where injuries were foreseeable and chances of occurrence were also higher, therefore the Occupant was held liable. This may also hold good in the case of the Park, because three aspects must be noted the signs warning of the risk were corroded and unreadable and therefore practically non existent. Exclusion clauses, waiving li ability, must be clearly communicated - if they are printed on the back of a ticket or communicated indistinctly, they will not be valid10. the element of foreseeability of accident was high due to the nature of the facilities. Moreover, the Park may also face difficulties on the issue of maintenance of the slides, since they collapsed with the weight of only two children.

World War II Essay Example for Free

World War II Essay II (WWII), 120,000 Japanese Americans, US citizens or not, were forced out of the west coast after the attack of Pearl Harbor. President Franklin D. Roosevelt issued Executive Order 9066 which allowed local military commanders to establish exclusion zones from which any or all persons may be excluded. Americans of Japanese descent were forcibly interned in different camps in the US. The military felt that this was a necessary action to prevent any espionage and pro-Japanese actions in the west coast. Regardless of the mass evacuation, a number of Japanese Americans served in the military forces. In fact, the 442nd Regimental Combat Team (RCT) is the most highly decorated unit in US military history. Asian discrimination The discrimination against the Asians in the United States started even way before the incarceration of Japanese Americans in WWII. In the late 1900s, laws were passed that explicitly prohibited Japanese to become citizens of the US. They could not have a land of their own and were not allowed to marry outside their race. They could only buy homes in certain areas and were prohibited to work in certain industries. The Immigration Act of 1924 stated that aliens who were ineligible for citizenship would not be allowed to immigrate to the United States. When Japan had been establishing its colonial rule in the 20th century, news of brutality of Japan came into the US. In particular, Japans colonization of China was widely condemned by the US government. As a result, prohibitions on oil and supplies were placed on Japan. The Second Sino-Japanese War in 1937 further strengthened the anti-Japanese sentiment of the Americans especially when eyewitness reports of violence reached the country. The anti-Japanese sentiment reached its peak when the appalling attack on Pearl Harbor transpired on December 7, 1941. This impelled the United States to wage war against the Japanese Empire. This anger was further fuelled by how Japanese treated American and other western prisoners of war, the Bataan Death March, and the Kamikaze attacks on American ships. Internment Executive Order 9066 Starting 1939, the Federal Bureau of Investigation (FBI) had been compiling information on prominent members of the Japanese community. These data in the Custodial Detention Index (CDI) were used to classify the persons according to their possible danger to the country. A few hours after the Pearl Harbor attack, the Attorney General, given a presidential blanket authority, announced that the FBI, using the information in the CDI, would be detaining dangerous enemy aliens who may put the security of the nation in jeopardy. Some believed that Japan would launch an attack on the west coast. Many officials doubted the loyalty of the Japanese residing in this area, their judgments mostly based on racial bias. They also feared a possible tampering of water system or arson. The distrust to the ethnic Japanese was more strengthened by the fact that many of them were educated in Japan, where schools emphasized reverence for the Emperor. This planted suspicion of espionage by the Japanese Americans. On December 30, the Attorney General authorized raids even without search and warrant arrests to all houses of Japanese lineage provided that there is at least one Japanese alien. General John L. DeWitt, commanding officer of the Western Defense Command, advocated the removal of enemy aliens from zones in the west coast. He insisted that there were indications of sabotage by the Japanese Americans. Although various agencies, such as the FBI, found no evidence of such a claim, their reports were suppressed by high officials. DeWitts recommendation easily made its way to the War Department who readily approved it. When President Franklin Roosevelt was presented the order, he readily signed the order without consulting the Cabinet. His support of the internment was a great show of support to the Americans that would be rewarding in the coming election. Exclusion, removal, and detention On February 19, 1942, Executive Order 9066 authorized the Army to designate military areas from which any person may be excluded. Although there was no explicit command to evacuate the Japanese Americans, the order was carried out only to people of Japanese ancestry. The Italians Americans and German Americans, whose countries of origin were also at war with the allies of the United States, did not experience the same fate as the Japanese Americans. On March 11, the Office of the Alien Property Custodian was given discretionary authority over alien property interests. Many of the assets were frozen, causing financial difficulty for the people affected and hindering them from moving out of the exclusion zones. On March 24, Public Proclamation No. 3 enforced a curfew from 8:00 pm to 6:00 am for all enemy aliens and people of Japanese ancestry within the military areas. A few days later, another proclamation prohibited them from leaving Military Area No. 1, which is the entire Pacific coast to about 100 miles inland, until an order allows them to leave. On May 3, Japanese Americans were ordered to live in the assembly centers until transferred to relocation centers. The unfounded mass removal of the Japanese Americans took place around 8 months. Japanese Americans lost most of their properties since they were allowed to bring only what they could carry, such as clothing and personal effects. Numbered tags were given to them as a means of their identification and their belongings. Residents of twelve Latin American countries with Japanese ancestry were also interned to US internment camps. After WWII, most of the Japanese Latin Americans were not allowed to return to their countries and instead were deported to Japan, where they suffered hardships as Japan was severely damaged by the war. Of more than a hundred thousand Japanese Americans subjected to the mass removal program of the government, two-thirds of them were US citizens by birth. Farming as a cause of anti-Japanese sentiments Much of the prejudice against the Japanese Americans was intensified due to the competence of the Japanese in the agriculture industry. Being ingenious people, they eventually had their own farms and other businesses. A number of thriving businesses owned by Japanese Americans were strong competitors in the agricultural industry. The Japanese Americans had developed sophisticated means of irrigation that allowed the cultivation of fruits, vegetables, and flowers on lands that could not be used for farming previously. The first-generation Japanese Americans, the Issei, indeed prospered in the 20th century, but their fate turned when they lost their farm during the internment. This, however, pleased the white farmers as they could take over Japanese farms. Because the Japanese Americans were removed from their farms, laborers were needed to take over the lands of the Japanese. Immigrations from the Mexican border started coming to Mexico. However, thousands of Nisei, children of first-generation Japanese that were US-born, were still needed to save the farming industry so thousands of them were released from camps. But for the Japanese Americans who remained in camp, they strived to irrigate and cultivate barren lands in areas near the internment camps. Because of their hard work, they were able to build farm lands that are still productive until the present.

Soccer Scholarship Essay :: Scholarship Essays

Soccer Scholarship Essay 2 Â   My full name is Elizabeth Mason Godwin but I go by Libby. I have grown up living with my parents Barry and Nancy Godwin in Traverse City. I went to Willow Hill Elementary School where my love for sports started. I started playing soccer in fifth grade when my friend Carrie invited me to one of her practices to see what it was like. They let me play with the team that day and I fell in love! I immediately signed up and joined the YMCA team. I continued to play for the YMCA until I was in the seventh grade and moved up to TBAYS. I joined a rec team with a couple of my friends who also played soccer. We practiced twice a week in the spring and fall and had games every weekend. We also attended tournaments in the summer. My favorite was always the Canton Invitational down in Canton, Michigan. Besides loving to play the games that we had all weekend, I loved hanging out and meeting all of the other kids that had my same interest....SOCCER! i was on another TBAYS rec team with some friends in eighth grade but then in ninth grade it was time to try out for the big shebang...the high school team. I was fortunate to make the Varsity team at Traverse City West Senior High as a freshman. Since my freshman year I have played on the team every spring and now am currently a co- captain in my senior year. Through the high school team I have learned so much about soccer, the meaning of team, and friendship. Besides loving to play soccer I also enjoy hobbies such as tennis, snowboarding, sailing, photography and reading. I really enjoy outdoor activities. In ninth and tenth grade I went on a trip with my youth group to Pennsylvania where we went white water rafting both years. I found that experience incredible and can't wait to go again someday soon. Â   My future plans are to graduate this year from West Senior High and to spend another summer at our cottage on Torch Lake where I am planning on being a nanny for some friends of our family. My best friend Carrie (the one who initially got me into soccer) and I also are currently planning a road trip for the end of summer before we both go off to school.

Muscular Dystrophy

This paper intends to define Muscular Dystrophy, enumerate some of the most common kinds, state its characteristics or symptoms, indicate the tests, treatment as well as its prognosis before finally reintroducing its complications and prevention. Muscular Dystrophy Defined â€Å"Muscular Dystrophy† is actually composed of thirty plus genetic diseases (National.., 2007). Otherwise known as â€Å"inherited myopathy†, â€Å"Muscular Dystrophy† includes the following inherited sickness or medical conditions: 1) Becker’s muscular dystrophy; 2) Duchenne muscular dystrophy; 3) Facioscapulohumeral muscular dystrophy; 4) Limb-girdle muscular dystrophy; 5) Emery-Dreifuss muscular dystrophy; 6) Myotonic Dystrophy; and 7) Myotonia Congenita (Kantor, 2006).   Furthermore, Muscular Dystrophy’s characteristics include the following: 1) feeling weak; 2) losing control of skeletal muscles; as well as 3) affecting all ages (National.., 2007). Kinds of Muscular Dystrophy The kinds of Muscular Dystrophy are the following: 1) Duchenne Muscular Dystrophy This kind occurs in approximately three out of three thousand five hundred boys (The.., 2007). It happens when the genes are unable to produce dystrophin which is responsible for the strength of the muscles (The.., 2007). This kind emerges at the age of 5 and by 12, the patient is expected to use a wheelchair (The.., 2007). First, their pelvic muscles are affected, and following that, his or her shoulders, back, arms, as well as, legs will be the next (The.., 2007). With this kind of Muscular Dystrophy, a person will only live for approximately twenty years (The.., 2007). 2) Becker Muscular Dystrophy This kind happens in one in every 30,000 boys and just like the first kins, it is also due to the absence of dystrophin (The.., 2007). However, it is milder than the first and that patients suffering from it may live without a wheelchair (The.., 2007). 3) Myotonic Dystrophy This is caused by a gene that should not be as large as it is (The.., 2007). It occurs before a person turns twenty years old (The.., 2007). Its major symptoms include the following: weakening & shrinking of the muscles (The.., 2007). 4) Limb-Girdle Muscular Dystrophy This kind emerges in both genders (Limb.., 2006). The muscles in the back, pelvis, as well as, shoulders are usually affected in this kind (Limb.., 2006). 5) Facioscapulohumeral Muscular Dystrophy With this kind, weakening of the muscles begin in the face, then the shoulder and back comes next, and finally the muscles located in the legs and pelvis may lose strength (Muscular.., 2006). Symptoms For Muscular Dystrophy, the symptoms are the following: First of all is weakness of the muscles which actually gets worse gradually (Kantor, 2006). This is very much noticeable especially if the patient suffering from it experiences recurrent and numerous falls (Kantor, 2006). In addition to that, the patient may be confronted with interrupted development of what is technically referred to as muscular motor skills (Kantor, 2006). Moreover, if the patient is already delayed in walking or if he or she experiences problems with walking then it is highly possible that he or she suffers from Muscular Dystrophy (Kantor, 2006). Furthermore, if the patient finds it difficult to utilize even just one of the muscle groups, then it is time to ask the doctor to check on the patient to confirm occurrence and emergence of Muscular Dystrophy (Kantor, 2006). Also, the patient who has Muscular Dystrophy will experience drooping of the eyelid (Kantor, 2006). Last but not least, the patient suffering from Muscular Dystrophy will exhibit drooling as well (Kantor, 2006). Secondly, there are types of Muscular Dystrophy wherein a patient may signify mental retardation (Kantor, 2006). Thirdly, Muscular Dystrophy patients also suffer from low muscle tone or that which is technically referred to as â€Å"hypotonia† (Kantor, 2006). Fourthly, a patient who is diagnosed to have Muscular Dystrophy exhibits joint contractures like clubfoot, clawhand, etc (Kantor, 2006). Last but not least, someone who has Muscular Dystrophy may also have a spine that’s curved which means that he or she also has scoliosis (Kantor, 2006). Tests For Muscular Dystrophy to be diagnosed as a medical condition suffered from by the patient, there are several tests that could be carried out and some of these are the following: First in the list is to have a physical examination including a look at the patient’s medical history (Kantor, 2006). The second one is to undergo muscle biopsy (Kantor, 2006). This will already confirm if the patient indeed suffers from Muscular Dystrophy (Kantor, 2006). The third is to perform what is technically referred to as Serum CPK (Kantor, 2006). The fourth is for the patient to be checked and tested through electromyography or EMG, for short (Kantor, 2006). Last but not least is for the patient to go through ECG or electrocardiography (Kantor, 2006). Other tests that the patient could go through to confirm Muscular Dystrophy include the following: 1) Aldolase; 2) AST; 3) Creatinine; 4) LDH; and 5) Myoglobin (Kantor, 2006). Treatment Unfortunately, experts have yet to discover ways on how to address this particular medical condition (Kantor, 2006). However, they presented techniques on how to manage the symptoms exhibited by the patients diagnosed to have Muscular Dystrophy (Kantor, 2006). Some of these are the following: First of all, physical therapy may be carried out to help sustain the strength of the muscles, as well as, in keeping the muscles functional (Kantor, 2006). Second is the utilization of braces and wheelchair (Kantor, 2006). This enables the patient to do some of the things on his or her own, for instance, moving around etc (Kantor, 2006). Third is for the patient to undergo spine or leg surgery (Kantor, 2006). This action may keep, if not improve the functions of the aforementioned parts of the body (Kantor, 2006). Fourth, some doctors prescribe corticosteroids to children so as to keep them walking (Kantor, 2006). Fifth, medical experts advice that patients suffering from Muscular Dystrophy should avoid complete inactivity since this will make the condition much worse (Kantor, 2006). They should try to move or be active as much as possible (Kantor, 2006). Prognosis Muscular Dystrophies worsen as time goes by — and this goes for all kinds (Kantor, 2006). However, how severe it is dwells on the kind of Muscular Dystrophy suffered from by the patient (Kantor, 2006). How fast it occurs also depends upon its kind and on the person suffering from it (Kantor, 2006). There are also some kinds of Muscular Dystrophy which have been proven as fatal (Kantor, 2006). Complications Muscular Dystrophy also has some complications and these are: 1) cardiomyopathy; decreased ability to take care of oneself; decreased mobility; failure of the respiratory system; joint contractures; mental disability; as well as, scoliosis (Kantor, 2006). Prevention Medical experts say that in cases where a family member from the previous generations had â€Å"Muscular Dystrophy†, the members from the current generation should seek for what is technically referred to as â€Å"genetic counseling† (Kantor, 2006). References Kantor, D. (2006). Muscular Dystrophy. Retrieved May 6, 2007 from http://www.nlm.nih.gov/medlineplus/ency/article/001190.htm Limb-Girdle Muscular Dystrophy. (2006). Retrieved May 6, 2007 from http://www.emedicine.com/PMR/topic65.htm Muscular Dystrophy Association. (2006). Facioscapulohumeral Muscular Dystrophy. Retrieved May 6, 2007 from http://www.mdausa.org/disease/fshd.html National Institute of Neurological Disorders and Stroke. (2007). Muscular Dystrophy. Retrieved May 6, 2007 from http://www.ninds.nih.gov/disorders/md/md.htm The Nemours Foundation. (2007). Muscular Dystrophy. Retrieved May 6, 2007 from http://www.kidshealth.org/parent/medical/bones/muscular_dystrophy.html   

The Great Cat Massacre Review

The Great Cat Massacre entails understanding history differently. It is the story of vengeance of some ill fed journeymen at the face of their bourgeoisie master’s attitude. The pranksters carry out their master plan by killing the Cats and then staging a mock trial. What the author point outs is the humor that they share at the face of this cruelty and he urges the reader to understand the Rabelaian humor contextualizing the event against the backdrop of the peasant society of the Ancien Regime.Darnton shows why they chose the cats and how cats are metaphoric in western linguistic and cultural tradition. He brilliantly depicts the relation Cats bare with female sexuality, witchcraft, routine slangs and so on. The killing of cats is not just a frenzy killing that came out of a berserk reaction against the bourgeoisie, but it was metaphorically ravaging the bourgeoisie master whom they cannot reach out for physically at least. In the analysis of folklores of the Red Riding Hoo d or the La Renarde Darnton believes that these folklores help us understanding the pulse of the peasant society of France.He gives an entire overview of the French peasantry and the hardships they endured following, which he gives a fascinating folktale of the Sorcerer’s Apprentice, which includes a number of shape shifting charisma of the man and the devil following the eventual victory of man and the author follows that this reflected the essential idea of fighting over scarce resources. The use of culture here is â€Å"strictly in the Geertzian sense, as expressed, for example, in The Interpretation of Cultures as â€Å"an historically transmitted pattern of meanings embodied in symbols, a system of inherited conceptions expressed in symbolic form by means of which men communicate, perpetuate and develop their knowledge about and attitudes towards life.†Under what conditions can a historian legitimately make use of a definition of this sort? What attitude does it imply vis-a-vis texts that give access to the â€Å"symbolic forms† that functioned in ancient societies? Is it sufficient to the founding of a new way of writing cultural history†¦Ã¢â‚¬  (Chartier) While methodologically of course, Darnton shows us a newer archive, and there is nothing that could be said against it but on the other hand can the folktales be used transparently as a clean glass to interrogate the complexities of the peasant society? The killing of the Cats as a symbolic ritual and what it meant to the peasants is only speculated by Darnton, thus the job of the historian being that of the speculator is the historian only an astrologer of the past?The killing of the cats might be just without the baggage of the symbolic element that the cats carried as Darnton argues. It is possible that Cats did had immense importance as Darnton shows since Sorcery was a theme recurrent but I am merely speculating that it might not similar to the speculating exercise Darn ton himself does.