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Write My Thesis Paper For Me The Dev Impact weblog had a pair of postings for research in the time of COVID-19. Send me your on-line meeting suggestions and I’ll submit ’em. Michael Kremer’s seminar at Princeton about financing a COVID vaccine is beneath (slides right here, Michael’s slides start at p13 of the PDF)). Few African economists are represented on the editorial boards of the journals the place analysis on African economies are printed. The dynamic is completely different he looks like in financial coverageâ€"â€"the place local officials defer to outdoors authorities from overseasâ€"â€"from well being policy, where he sees extra reliance on native specialists. The forward-wanting statements and other views expressed herein are as of the date of this publication. Actual future outcomes or occurrences may differ considerably from those anticipated in any forward-wanting statements, and there's no guarantee that any predictions will come to cross. I additionally really favored Cowen’s interview with former prosecutor and legislation professor Rachel Harmon about policing reform. She had plenty of actually thoughtful solutions and a high quality I actually respect in a guest, declining to invest on areas exterior her experience. The most compelling part of the story wasn’t even within the webinar. It was her decade-lengthy uphill battle to get the paper printed, and what it tells us concerning the subject of economics, which she explains to Planet Money’s The Indicator . This term simply began, however you'll be able to be a part of and register by way of July 1. Also, here’s recommendation for leadership of any organization (h/t my colleague Bethany Park). A couple of factors that jumped out at me had been what counts as research/proof in academic analysis circles . It follows the model of a judge training institute that does the identical thing, and has been proven to influences judges to rule in favor of mergers. Planet Money had a few actually good episodes explaining why, for instance, we now have only a few massive telecom firms. It comes again to Robert Bork taking an econ class at UChicago in the 70’s when he was in legislation school, and writing a guide for the regulation field explaining that economics says to go away markets alone. There’s one other good episode on what this implies for the big tech corporations today like Google and Facebook. They discover publication bias and statistical power account for the distinction . Then using forecasts, they find lecturers overestimate the results an intervention could have, whereas Nudge Unit practitioners are correct. Statements on this communication are ahead-trying statements. NBER Summer Institute’s dev classes shall be streamed Mon & Tues afternoons (Eastern U.S. time), details right here. University of Cape Town economist Grieve Chelwa has been critical of RCTs up to now so my colleague and I were braced for his on-line dialogue at Africa is a Country . But truthfully we walked away each saying he was right, and it was a really good dialog. It’s slightly tricky to put in writing links when it feels like things are altering hourly. Here’s the principle message to bear in mind for the analysis neighborhood â€" you are able to do more than idle your initiatives. COVID-19 will have an effect on each aspect of development, well being, education, entrepreneurship, cellular cash, cash transfers, political techniques and trust in authority. This article asserts the real problem behind the toilet paper shortages isn’t runs on stores, it’s that nationwide usage has shifted abruptly from at workplaces, schools, and companies to residence. He has a paper from final fall about his work on the financing the pneumonia vaccine for poor countries here & right here’s a plain language dialogue from Scientific American. Dave Evans pioneers a YouTube paper “response video” format, strolling the viewer by way of a paper â€" in this case, on refugee child training. And at present he has a “film trailer“-type one explaining how advance market commitments for vaccines work. An onboarding into dev econ, especially for college students from abroad or totally different backgrounds, may be MIT’s MicroMasters Program in Data, Economics, and Development Policy.

Time and change

Time and change Terms over. Almost. Ive always felt that term wasnt truly over until all of my grades were in, and Im still waiting for two of them (out of five). But Im less nervous about my grades this term than I have been in many others, so it feels more or less over. Im in Louisville, Kentucky, at my moms house. Ill be staying here through the end of the APO national convention, which is conveniently also in Louisville this year, then taking the bus down even further south to visit my dad in Woodstock, Georgia. Its very strange. The first few times I went back to a parental home from my college home, I felt like I was sliding into a different role, a different persona. There was who I was at MIT, and there was who I was at home. It wasnt so much that they were different people, as they were the same person with different aspects played up or down. They dressed differently, spoke a little differently, and interacted a little differently with people. Such is the nature of being in very different envionments and having a very different status within them. As Ive gone further and further through MIT, the person I am at MIT, that person who shaped and was shaped by her environment, has developed more and more. You go to a place like MIT, and I promise you, you not only change but you find out a lot about yourself. But paradoxically, the more I develop from what I was when I left home and entered school as a frosh, the more my school and home personas converge. To those who celebrate Christmas among you, Merry Christmas, and to others, Happy Holidays or if you celebrate no holidays during this time, Happy Winter Season! The shortest day of the year has passed, and now the days begin finally to lengthen again!

Poverty, A, And Education System, Police Brutality, Drugs...

Poverty, a faulty and inadequate education system, police brutality, drugs and violence are a few of the issues that plague the community that raised me. At a very young age, I was exposed to all these social issues and they have shaped and influenced who I am today. Being a victim to these issues, growing up was not easy, but I always hoped that I could make a change. As a young Mexican-American woman, daughter of immigrant parents and victim to numerous social issues complicating my ability to succeed, I was never sure how I would ever be able to accomplish anything, all I knew is that I wanted to change my community for the better and to liberate it from oppression. Although I always dreamed of making huge changes in community, I never knew how I would ever be able to change it for the better. Encouraged by my English teacher, one of the few teachers to ever talk to me about furthering my education, I decided to apply to college during the fall of my senior year. I was reluctant to apply at first because I was never able to envision myself being able to pursue a college education, as a high school diploma was the highest educational level any of my family members ever obtained. Throughout my entire life and time in school, I had never received any guidance on pursuing higher education. In fact, I was completely unaware of the steps I needed to take to further my education. Both my parents dropped out of school before the sixth grade, thus they could not provide anyShow MoreRelatedThe Issues Of The African Americans1155 Words   |  5 Pagesbetween poverty and the lack of jobs. Sadly, as we lose jobs the black poverty rate increases. On the other hand, when there is strong job growth the black poverty rate decreases. A recent study by Pew Economic Mobility Project shows that a large number of middle-class black children are more likely to grow up in neighborhoods with high rates of poverty and high crimes than middle class white children. As a consequence, gang violence and police brutality are two factors that come with poverty. GangsRead MoreSocial And Economic Disparities Are Plaguing The City Of Baltimore Essay1519 Words   |  7 Pagesvictim to police brutality. After the discovery of his death and the unreasonable way he was treated, Baltimoreans began to protest. The anger and frustration began to escalate due to other social and economic problems the city faces regularly. Christian Parenti, an American investigative journalist stated in 1997 â€Å" police violence is soaring†, during the â€Å"Zero tolerance† era. In 1994, Bill Clinton created the Violent Crime Control and Law Enforcement act. This act aimed enabled police officersRead MoreA Nation Of Equal Opportunity1411 Words   |  6 Pagesis very different one than we are lead to believe. The United State of America has a major racism problem. Minorities in the United States are treated unjustly. Whether its having less opportunity or being treated unfairly in are criminal justice system. We have made many strides to equality in America but we are far from where we need to be. The novel â€Å"Mississippi Trail 1955† is about the torture and murder of a 14-year-old boy and the trial that took place after the murder in the 1950s. HiramRead MoreEffects Of Racism1095 Words   |  5 Pagespublic health disparities is not the same as fighting against them. It is allowing them to be repeated without consequence. The effects of structural racism can be detrimental to the education of children in certain neighborhoods and communities. Structural racism such as socioeconomic status, racialized police violence and health disparities give African-Americans a disadvantage in public health. The socioeconomic status of African-Americans greatly affects their overall public health. Wealth is anRead MoreThe Serious Issues of Poverty and Homelessness in the US1313 Words   |  5 PagesPoverty and homelessness are serious issues in the U.S. today, especially because of the current recession, with levels of poverty and unemployment higher than at any time since the 1930s. Blacks and Hispanics are being affected disproportionately by homelessness, as well as poverty and unemployment in American society. This is just another example of the racial caste system and institutional racism that goes far beyond that of social class, and has always been the case in recessions and indeed withRead MoreThe World And Me Essay1231 Words   |  5 Pagesis masterful at boiling down and explaining the problems that people of color face, from the outright racism of a brutal police force to subtler forms of similarly dangerous discrimination in the classroom, in politics, and in the media. He couches these acts as â€Å"†¦violence, upon the body.†(21), talking about how even the smaller forms of discrimination all boil down to violence against black people. By simplifying these acts to what they truly are, he makes the it more visceral and direct, cuttingRead More Black Panther Party Essay1538 Words   |  7 Pagesthe military and an end to police brutality among other things. The last point, point number ten was a summary of all of the other points. One of the main goals was to protect Black citizens against police brutality. Their message was self-defense. The Party originally preached violent revolution as the only means of achieving black liberation. The party called on blacks to arm themselves for the liberation struggle. Huey Newton studied law and spoke up when the police violated the civil rights ofRead MoreThe Demographic Changes in the US1438 Words   |  6 Pagesgovernment and public policy. One of the most important demographic trends is that th e U.S. has become a far more multicultural and multilingual society than it was in 1960, due in part from changes in the immigration laws in 1965 that abolished the quota system of the National Origins Act that favored European immigrants. As a result, Asians and Hispanics have been the majority of new immigrants over the past forty years and states like California and Texas already have majority-minority populations or soonRead MoreRace, Racism, And Racial Disparities1551 Words   |  7 Pages Race, Racism, and Racial Disparities in Police Brutality I. Introduction In recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment ofRead MorePolice Brutality And Low Income Areas2011 Words   |  9 Pagesgangs it is injustice and inequality: police brutality, racial discrimination, colorism, and poverty, due to a lack of education and school funding because of corrupt politicians. Gangs of America were born out of police brutality and low income areas, which tend to be segregated from other communities of wealth. Not only are their interactions with law enforcement negative, but they have a â€Å"dog eat dog† mentality with each other because of such high poverty rates. Social movements emerge when

The Culture Of Violence And The Cultures Of Impunity And...

It may seem sometimes as if a culture of peace does not stand a chance against the culture of war, the culture of violence and the cultures of impunity and intolerance. Peace may indeed be a complex challenge, dependent on action in many fields and even a bit of luck from time to time. It may be a painfully slow process, and fragile and imperfect when it is achieved. But peace is in our hands, – Kofi Annan. Canada had assimilated an absurd â€Å"notion of Canada’s roots as a ‘white settler society’,† thus shunning non-whites as a lower class. Minorities and immigrants were especially treated unfairly throughout the 20th century and labelled as ‘enemy alien’ as a consequence of the many wars taken place during that time period. They suffered†¦show more content†¦The Canadian government has improved, in many ways in terms of their treatments toward immigrants and minorities; however the differences between the mistreatment in th e 1900s and now are very slim regarding issues such as the freedom, equal opportunities and justice of people of different ethnics in society. First of all, people of different ethnics immigrated to Canada for a better life, given that Canada is considered to be a very accepting and welcoming place for everyone. The immigrants and minority groups’ freedom in Canada has significantly changed over the past 100 years. However, looking further into the matter, it appears that history may be repeating itself, however in a different context. For instance, during the 1900s, an abundance of immigrant groups and ethnic minorities had endured harsh treatments and various hostile detainment centers due to their ancestry. The 20th century was an excruciating long century filled with wars. During those wars, enemy aliens, such as Ukrainians, Jews, Germans, Italians and Japanese , were treated with aggression and left to suffer with little protection from the government. This displays the little freedom immigrants and minorities had, considering they were taken from their homes to be pushed around and punished for who they are an d where they came from, due to their appearance and/or background. In other words, they were imprisoned by the very people who were meant to

Roots of Education Free Essays

Have you ever thought of why such quotes becomes so special and popular? If one tries to notice, it can easily be seen that famous quotes are pithy that are capable of grabbing the interests of the readers. While writing a personal essay it is useful to link a thesis statement with a famous quote. Including one such quote that resembles your thesis sentence intrigues a writer to read the whole content. We will write a custom essay sample on Roots of Education or any similar topic only for you Order Now The other thing is, using quotes can make your thesis statement clear and adds value to it. A quote cannot be used as a thesis sentence instead; an individual should try to write meaningful concise sentences that can work as quotes. An original thesis statement leads towards many ideas that encompasses to other distinctive, but creative ideas. For example, here we are including the famous quote of Winston Churchill, who have said that â€Å"Success consists of going from failure to failure without loss of enthusiasm† Now, here we can see that it sets up an argument that is curt, but interesting, we can use following ideas that can work as a thesis statement and links with the quote too: -A failure can be overcome -Learn from your failure -Why everybody fails in a life time Now, these ideas can act as body paragraphs arguments, which can be followed up by thesis statement. It requires a brief sentence which can engage the sentences and can help making a quality thesis statement. One can easily find good quotes of the famous philosophers. It would help in developing a unique, interactive and informative thesis sentence writing to which a body can be easily constructed. A few are mentioned here that can be linked easily. â€Å"Attempt the impossible in order to improve your work† by Bette Davis â€Å"If you can find humour in anything, even poverty, you can survive it† by Bill Cosby How to cite Roots of Education, Essay examples

Friends or Family free essay sample

When you have friends and family, you have those who care for you. When you have them, you don’t really need anything else. When you have a family and some really good friends, you know that they will always be there for you. You know that you can always count on them, and you definitely know that you can trust them with a secret or anything personal. When you are surrounded by them, you realize that nothing in the world can ever replace them. Nothing can ever replace the memories that you have. No matter how much money, or how famous, or how glamorous you are, it wouldn’t be that great if you didn’t have friends or a family. I would never trade them in for anything. I would like to be rich, have pretty shoes, expensive purses, own a ton of make-up, and have a whole closet full of clothes. We will write a custom essay sample on Friends or Family or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page But my family and my friends are much more important. They don’t even care about what I look like or what I wear. I could come to school in pajamas or wake up looking like a freak, and it wouldn’t matter. They don’t care about looks. And, they really don’t care that I’m NOT perfect. I don’t have to put on an act like I’m all that just to hang out with them. I could act like a total loser and dress up in weird stuff a target holding a mop or a huge crown at the mall and they would start laughing. People would be looking at us like we wear crazy. But we would just laugh knowing that we look retarded. They wouldn’t say, â€Å"I don’t know her† or something like that. Okay, maybe they would, but that is the fun part. Sometimes I might do another goofy thing like ride a small bike down the street or dance like a maniac. Sometimes, I’ll get bored and say something random like â€Å"I like eggs† and my friends wouldn’t make a face. My family would start laughing instead. I remember this one time, my friends little brother through my cell phone at my head. It hurt but it was really funny. And then another time, my friends came over and we made dinner for my brother. We mad a whole buffet of Mac and Cheese. Even though nobody ate it, it was still fun. We would have a billion memories we can laugh about from a year from now. If you have only money, you will be lonely and the only thing you can do is buy things that don’t really have any value if you have no one to share it with. Being lonely in a huge house and with lots of stuff just lying around might be great for show and all, but when it comes to things that truly matter, friends and family, are what’s really important. If I were rich, I would like it at first, but then it would get annoying. Not really knowing who your friends are or not knowing who is using you and who is really there for you. Then, only having some friends, only because they were as rich as you. I’m not saying you don’t need money, because everybody needs some. But it’s not the most important thing.

Legal Methods Essay Example

Legal Methods Essay CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya, East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers, judges and legislative think and do things according to the law. It is commonly referred to a set of techniques used to analyze and apply the law and to determine the appropriate weight that should be accorded to different sources of law. SOURCES OF CLASSIFICATION OF LAW Means the origin from which human conduct comes into existence and derives legal forms. TERMS TO DEFINE AS SOURCES OF LAW 1. Common Law 2. Equity 3. Customary Law 4. Religion 5. Criminal Law 6. Civil Law 7. International Law 1) COMMON LAW (also known as LAW OF PRECEDENTS) * Common La w if a legal system that is largely formed by the decisions previously made by the court and similar tribunals. It is also known as Case Law or Law of Precedents. * It is developed by Judges through decisions of courts. * It binds future decisions. * It is based on the principle that it is unfair to treat similar facts differently on different occasions. * This principle is known as staredecisis which literally mean â€Å"Let the decision stand†. HISTORY OF COMMON LAW * It is rooted in centuries of English history. * It began to develop after the Norman Conquest of England in 1066. * Matters which had previously been handled by tribunal courts began to be handled by the Kings Court. The King’s Court evolved into a branch of professional justices who were royals with training in Canon of Roman Law. * They appeared periodically in all the countries around England. It was this moving that began the process whereby the custom of the King’s Court eventually became th e law of England i. e. The Law Common to All. * The King’s Courts were the only courts in England. In order to bring matters before this court, a special request was made to a Royal official called Chancellor asking him to deliver a writ to the court. If a particular type of action was brought before the Chancellor often enough, the writ would acquire a common form. * The prescribed form of writ for each type of action required strict adherence as did the oral pleadings which were required to follow the form of the writ. * Because of their dissatisfaction with Common Law and its system of writs, the people began to appeal to the King. The petitions were delegated to the Chancellor who established the Court of Chancery also known as The Court of Equity. * The decisions were based on natural justice derived from mutual laws. Overtime the Equity Law of Doctrine applied became additions to legal rules applied by Common Law Courts. The dual system has continued up to present day. * The Common Law of Courts of Chancery are no longer separate courts, they were fused unto one court in the later of the 19th Century but their principles were not fused. * What happens in the Civil Court applies both Common Law and Equity. 2) EQUITY * It was developed after Common Law as a system to resolve disputes where damages were not suitable remedy and to introduce fairness into the legal system. It is based on judicial assessment of fairness as opposed to strict and rigid rules of Common Law. * It allows the court to use the discretion and apply justice in accordance with law. * An example of maxim equity â€Å"He who comes to Equity must come with clean hands†. STATUTE * It is direct source of law. * It consist in the declaration of legal ruler by a competent authority e. g. Parliament. 3) CUSTOM A custom is a rule which in a particular community has from long usage obtained the force of law. It is usually not written and limited in its application. 4) RELIGIOUS We will write a custom essay sample on Legal Methods specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal Methods specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal Methods specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It implies ethical and moral codes taught by religious traditions e. g. Canon Law, Sharia Law etc. 5) CRIMINAL LAW 6) CIVIL LAW 7) INTERNATIONAL LAW *(SECTION 3 OF JUDICATURE ACT) (ARTICLE 2, CONSTITUTION 2010)* CLASSIFICATION 1) PRIVATE AND PUBLIC LAW * Public Law is a theory of law that governs the relationship between the state and an individual. It covers the following categories: -a). Constitution b). Administrative c). Criminal Law * Private Law is that which governs the relationship between individuals. It includes the following: -a). Law of Tort b). Law of Contract c). Family Law ). Intellectual Property Law etc. 2) CIVIL AND CRIMINAL LAW * Civil Law is a form of Private Law and involves the relationship between individuals. * It is the legal mechanism through which individuals can assert claims against others and have those rights adjudicated and enforced. * The purpose of Civil Law is to settle disputes between individuals and to provide remedies. * Criminal Law is an aspec t of Public Law and relates to the conduct which the state considers with disapproval and which it seeks to eradicate. * The objective is to punish a wrongdoer and to deter other wrongdoers. ) INTERNATIONAL AND MUNICIPAL LAW * International Law is a set of rules that states and other international actors have an obligation to obey in their relation. * Municipal Law is the national domestic or internal law of a sovereign state. JUDICIARY * Judiciary is one of the three arms of government established under Chapter 10 of the Constitution. * It is independent from the government functions and provides a forum for the just resolution of disputes. 1. THE SUPREME COURT – ARTICLE 163 * It is established by Article 163 of the Constitution. It is composed of the Chief Justice who is the president of the Court. * The deputy Chief Justice who deputizes the Chief Justice and is the Vice President of the Court. It has five (5) other Judges. * The Court has exclusive original jurisdiction t o hear and determine disputes relating presidential elections. * It has appellant jurisdiction to hear and determine appeal from: a) The Court of Appeal; b) Other Courts c) Tribunal prescribed by Parliament that relates to the interpretation; d) Application of the Constitution; e) Matters of public concern. * Summary Notes-Chief Justice heads the Court; The Deputy Chief Justice is his deputy and vice president to the court. -Supreme Court deals with presidential petitions (special cases). -It consists of five (5) Judges 2. THE COURT OF APPEAL ARTICLE 164 * It is provided by Article 164 of the Constitution; * The president of the Court of Appeal is elected from among the Judges of the Court; * The Court has jurisdiction and powers to hear and determine appeals from the High Court/Court Tribunal; * The Court of Appeal has not less than twelve (12) Judges 3. THE HIGH COURT – ARTICLE 165, THE PRINCIPLE JUDGE It is provided by Article 165 of the Constitution; * It has original ju risdiction in Civil and Criminal matters; * It also has jurisdiction to determine whether a right in the Bill of Rights has been violated; * It has jurisdiction to hear any particular questions in respect of the Constitution (interpretation). The High Court has the following divisions namely: -i)Criminal Division ii)Family Division iii)Commercial Division iv)Constitution Division v)Judicial Review Division * Summary Notes-Act of Parliament describes the number of Judges; -High Court deals with Criminal and Civil cases; Matters dealing with interpretation; 3 Judges handles or sits at the bench dealing with interpretation 4. MAGISTRATE’S COURT – ARTICLE 169 * The Magistrate’s Court are the sub-ordinate courts provided for under Article 169, 1 a) * They were created under the Magistrate’s Court Act. * They handle Civil and Criminal matter depending on the rank of the Magistrates; * The hierarchy of the Magistrates in descending order includes 1)The Chief Ma gistrate 2)Senior Principle Magistrate 3)Principle Magistrate 4)Senior Resident Magistrate 5)Resident Magistrate 6)District Magistrate . KADHI COURTS AND PERSONAL STATUTES – ARTICLES 169 170 * It is provided for under Article 169, 1 b). * It deals with matters relating to personal status e. g. marriage, inheritance and divorce in which both party’s profess the Muslim Religion and submit to the jurisdiction of Kadhis Court; * The Constitution and jurisdiction of Kadhi’s Court are provided for under Article 170. 6. MARTIAL COURTS * Martial Courts deals with matters pertaining to the Army; * It is provided for under Article 169, 1 c) 7. SPECIAL COURTS/TRIBUNAL ESTABLISHED BY AN ACT OF PA It is provided for under Article 169, 1 b) of the Constitution; * It provides that any other Court or local tribunal as maybe established by an Act of Parliament other than the Courts established are required by Article 162 (sub-section 2); * Tribunals may be established under var ious laws made in parliament to deal with specific matters; * Litigants dissatisfied with a tribunal decision may appeal to the High Court e. g. Land Dispute Tribunal, Rent Restriction Tribunal etc. * In addition to the Courts above mentioned, there are: Children’s Court, Anti-Corruption Courts. THE LEGISLATION PROCESS – THE LAW MAKING PROCESS * Legislation Process refers to a series of steps that a policy must go through in order to become law; * A Bill or Draft Law may emanate/come from a line of ministry/ government department or any other institution mandated with the generation of Bills; * Often, the Kenya Law Reform Commission and the Attorney General works in line with the ministry/state department in the generation of a Bill; * The Draft Bills are then presented by the Attorney General to cabinet for approval. Cabinet if need be makes changes to the draft Bill which is then published/gazette by the Attorney General; * The Bill is then debated by Parliament under three (3) readings. FIRST READING * The Bill is introduced into Parliament/Legislation Body. SECOND READING * Bill is read the second time; * A vote is taken to the general outline of the Bills before it is sent to the designated committee; * Considerations of the Committee between 2nd and 3rd readings. THIRD READING * The Bill is read with all its amendments and given final approval by the legislation body; * The Bill is then handed over to the president for ssent. THE PRESIDENT ASSENT * The president assent to the Bill by signing it; * The Attorney General without delay publishes/gazettes the Bill; * It is after publication that the Bill becomes law. THE PRINCIPLE STARE DECISIS BINDING PRECEDENTS * The reasoning and the decision in preceding cases are not simply considered with respect but are binding on later courts; * This is known as the principle of Stare RationibusDecisis (Stare Decisis) which translates simply as â€Å"Let the Decision Stand†. Stare Decisis applies to legal rule formulated in an earlier case where the rule is a ratio of the case; * Under doctrine of Stare Decisis the decisions of the Higher Court within the same provincial jurisdiction acts a binding authority on a Lower Court within the same jurisdiction; * In his book ‘Learning the Law’ by Glanville William (1973) describes Stare Decisis as follows: what the doctrine of precedents declares is that cases must be decided the same way when the material facts are the same. Obviously, it does not require that all the facts should be came. We know that influx of life all the facts of a case will never recur but the legally material facts may recur and it is with this that the doctrine is concerned; * The doctrine of StareDecisis is related to justice and favour for it would be unjust for two similar individuals in similar circumstances to be treated differently; * The critics of this doctrine such as MR (Master of Rolls) Lord Denning have stated that â€Å"if lawyers held to their precedents too closely forgetful of the fundamental principles of truth and justice which they should serve; they may find the whole edifice come tumbling down upon them; just as scientists seek the truth, so the lawyers should seek for justice. Just as proposition of scientists fails to be modified when shown not to fit on instances, so the principles of the lawyers should be modified when found to be unsuited to the times or when found to work injustice†. * In Summary: StareDecisis, which means â€Å"Let the Decision Stand† was used in Common Law when referring to judgment that were passed in similar cases with material facts. It operates on hierarchy of courts where it only applies within the states jurisdiction. RATIO DECIDENDI – REASON FOR DECIDING * RatioDecidendi is one of the two statements of legal rules in a case, the other one being Obiter Dictum; * RatioDecidendi is the main statement of the law in a case. It is a rule of law expressly or impliedly treated by the Judge as a necessary step in reaching conclusion having regard to the line of reasoning adopted by him/her. * Prof. Goodheart AL (1930) pointed out that the ratio is practical terms inseparable from the material facts. He observed that it is by this choice of material facts that the Judge creates law; * Lord Halsbury (1901) state â€Å"every judgment must be read applicable to the particular facts proved since the generality of the expressions which may be found there and that not intended to be the expositions of the whole law but governed a qualified by the particular facts of the case in which such expressions are to be found; * An example of ratio in case of Donoghue vs. Stevenson (1932) is the principle of the duty of care to those a person can reasonably foresee will be affected by his/her action. * Identifying ratio in a case may be difficult; Judges are under no obligation to label the different part of their judgments as ratio or obiter. Some of the reasons for this difficulty include the length of judgment, the existence of multiple lines of argument, uncertainty regarding which facts are material to the judgment etc; * In Summary:RatioDecidendi means the rationale behind a court’s decision i. e. The Reason. OBITER DICTUM * ObiterDictum is a rule of law stated in a case which is not the basis of the decision. It is therefore not part of the ratiodecidendi; * It is any legal residue left after the ratio has been extracted, it may be for example a rule which has not been deliberated upon by the Court, a hypothetical statement of the law, an observation in the course of an argument or unstated assumption under the rule StareDecisis; * Obiter Dictum is not binding on a later Court but may have a persuasive authority; * In Summary:Obiter Dictum are remarks of judge which are not necessary to reaching a decision, but are made as comments, illustration or thoughts. Courts are not bound by them but lawyers use them as persuasive authority. PERINCURIUM * It is a term referred to when a Judge makes a decision ignoring the law. A Judge in the later Court will say it’s â€Å"perincurium† because the previous judge should have applied the law and makes a different ruling from the previous one. * PerIncurium is a mistake or ignorance of law by a Judge in making a judgment 30th May 2012 THE PRINCIPLE OF STARE DECISIS LET THE DECISION STAND (BINDING PRECEDENTS) * The reasoning and the decision in preceding cases are not simply considered with respect but are binding on later courts; * This is known as the principle of Stare RationibusDecidendi also known as Stare Decisis which translates simply as â€Å"Let the decision stand†; * Stare Decisis applies to a legal rule formulated in an earlier case where the rule is a ratio of the case; * Under the doctrine of Stare Decisis, the decision of the Higher Court within the same provincial jurisdiction ; * In his book Learning the Law, Glenville William [1973] describes Stare Decisis as follows: â€Å"What the doctrine of precedent declares is that cases must be decided the same way when their material facts are the same. Obviously, it does not require that all the facts should be same. We know that influx of life, all the facts of a case will never recur but the legally material facts may recur and it is with this that the doctrine is concerned†. The doctrine of Stare Decisis is related to justice and fairness for it would be unjust for two similar individuals in similar circumstances to be treated differently; * The critics of this doctrine such as Lord Denning MR (Master of Rolls) have stated â€Å"if lawyers held to their precedents too closely forgetful of the fundamental principles of truth and justice which they should serve, they may find the whole edification comes tumbling down upon them just as scientists seeks for truth so the lawyer should seek for justice†; * Just as the proposition of scientific fails to be modified when shown not to fit on instances so the principles of the lawyer should be modified when found to be unsuited to the times or when found to work injustice. RATIO DECIDENDI REASON FOR DECIDING * Ratio Decidendi is one of the two (2) statutes of legal rules in a case, the other being obiter dictum; * Ration Decidendi is the main statement of the law in a case. It is a rule of law expressly or impliedly treated by the judge as a necessary step in reaching conclusion having regard to the line of reasoning adopted by him/her; * Prof. Goodheart AL [1930] has pointed out that the ratio practical terms are inseparable from the material facts. He observes that it is by this choice of material facts that the judge creates law; * Lord Halsbury [1901] states â€Å"every judgment must be read applicable to the particular facts proved, since the generality of the expressions which may *be* formed there and not intended to be the expositions of the whole law but governed, and are qualified by the particular fasts of the case in which such expressions are to be found; * An example of ratio in Donoghue vs. Stevenson [1932] is the principle of the duty of care to those a person can reasonably foresee will be affected by his or her action. Identifying a ratio in a case may be difficult. Judges are under no obligation to label the different parts of their judgment as ratio or obiter. Some of the reasons for this difficult include the length of judgments, the existence of multiple lines of argument, uncertainty regarding which facts are materials to the judgment. OBITER DICTUM * Obiter Dictum is a rule of law stated in a case which is not the basis of the decision. It is therefore not part of the ratio decidendi. It is any legal residue left offer the ratio has been extracted. It may be for example a rule which has not been deliberated upon by the court, a hypothetical statement of law, an observation in the course of an argument or unstated assumption under the rule of Stare Decisis, Obiter is not binding on a later court but may have persuasive authority. 6th June 2012 STATUTORY INTERPRETATION * Traditional analysis of rules and principles of Statutory Interpretation are important. They are part of the explanation for how statutes are interpreted by lawyers and judges. LITERAL RULE * If the words of an Act are so inflexible that they are incapable of having but one meaning then the court must apply that meaning. This Rule prescribe the plain, ordinary, grammatical, natural meaning of the words in a statute: R vs. Judge of the City of London (1892) It was held that is the words of an Act are clear then, you must follow them though they may lead to manifest absurdity. This approach has some problems. * The first is that courts rarely if ever interpret words in statutes instead they give meaning to phrases, sentences and section of statutes; * The second is that the Literal Meaning is never literal meaning, it is at the end of the day an interpretative meaning a section has to be consciously or unconsciously to prefer one of the several possible literal meaning; * An advantage however is that it encourages the precision in drafting of statutes GOLDEN RULE * Given the limitation of the Literal Rule, the judiciary started considering other principles of statutory interpretation: River Wear Commissioner vs. Adamson (1977) Lord Blackburn attributed the Golden Rule to Lord Wensleydale and stated â€Å"we are to take the whole statutes together and construe it all together giving the words their ordinary signification unless when applied, they produce an inconsistency or an absurdity so great as to convince the court that the intention could have been to use them in their ordinary signification and to justify the court in putting them in some other signification which though less proper in one which the court thinks the words will bear. * Therefore if the use of the Literal Rule would lead to an absurdity or repugnant result then the Golden Rule may be used; In Grey vs. Pearson (1857) Lord Wensleydale stated â€Å"the ordinary sense of the words is to be adhered to unless it would lead into an absurdity when the ordinary sense maybe modified to avoid the absurdity but no further†. In R vs. Sigsworth (1935) A statute provided for the distribution of an estate of an intestate among the next of kin, a mad murdered his mother. The court applied the principle of public policy which prevents a murderer from reaping from his crime and decided that such a case, a person would not benefit from the statute. * The thrust of the Golden Rule is to consider an interpretation of a statute in light of its effect. MISCHIEF RULE * It the oldest rule It was established in Heydon’s case (1584). The Barons of the court laid down four (4) principles that are to be considered: 1) What was the Common Law before the making of the Act; 2) What was the mischief and defect for which the Common Law did not provide; 3) What remedy the parliament hath resolved and appointed to cu re the disease of the Common Law; 4) The true reason of the remedy and then the office of the judges is always to make such construction as shall suppress the mischief and advance the remedy and suppress subtle inventions and to force and breath life to cure and remedy according to the true intent of the makers of the Act The Mischief Rule goes further than the Golden Rule or Literal Approach it allows for a much broader investigations into the position of the statute in relation to the law taken as a whole; * It gives the court more latitudes in their construction of the statute. The courts attention is focused more on the purpose of the statute and the intention of legislation: In Smith vs. Hughes (1960) The Defendants were prostitutes who had been charged under the Street Offence Act (1959) which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows and balconies where they could been seen by the public. The court appli ed the Mischief Rule in holding that the activities of the prostitutes were within the Mischief of the Street Offence Act. RULES OF LANGUAGE EJUSDEM GENERIS Where there is a list of words followed by general words then the general words are limited to the same kind of article as the specific words of the same kind. A word will take its meaning from the foregoing word; Powell vs. Kenton Park Race Course (1899) AC 143 The House of Lords had to decide whether section 1 of the Betting Act of 1853 which prohibited the keeping of a house office, room or other places for the purpose of Betting applied to an outdoor ring. The court said it did not because all the specific places mentioned were indoors. However, the court stated that if the word â€Å"other place† had been followed by words like whatsoever this rule would not apply THE EXPRESSIOUNIUSEXCLUSIOATERIUS – THE EXPRESS WORD RULE The mention of one thing excludes the other where there is a list of specific words but no general words then, it must be on the list for the Act to apply; Tempest vs. Kilner A fraud statute provided that for a contract over ? 10 for the sale of ‘Goods, Wares, and Merchandise’. The contract had to be in writing. The contract in question was for the sale of stocks and shares. The court held that this contract needs to be in writing because it was not for the goods wares and merchandise. In Dean vs. Wiesengrand (1955) The Court of Appeal held that unless there are clear words to take away a right from the tenants heirs such a right must pass on to them in death. The facts of the case were as follows, after the death of a tenant of a rent controlled flat who paid to the Defendant landlord as rent a sum in excess The executors of the estate claimed to recover the excess rent. His action was dismissed on grounds that the increase of Rent and Mortgage Act while giving the tenant the right to recover the excess rent restricted that right to the tenant and that right was destroyed by the death of the tenant. NOSCITUA A SOCIIS * A word is known by the company it keeps if the meaning of the word in unclear, it will be determined on the basis of the other words surrounding it; In Inland Commissioner vs. Frere (1965) The issue was the correct meaning of the word interest, the words of the section read â€Å"Interest, Annuities or other Annual Interest†. The court held that the word interest on its own could have meant daily, monthly or annually interest but because of the presence of the words â€Å"other interest† in the same section interest only annual interest†¦. PRESUMPTIONS * Presumptions are made by certain assumption made by courts. They are used only as starting point if they are disapproved then the presumption is reverted. Examples of presumptions are: 1) Legislation does not apply retrospective; 2) Men rea is required in criminal case; 3) A statute will not change Common Law etc. INTRINSIC AND EXTRINSIC AIDS * An Intrinsic Aid is one that is from the inside of the Act of Parliament which makes it clear for one to interpret a statute. They include: 1) The long title of the Act 2) A short title 3) Preamble ) Section heading and marginal notes * An Extrinsic Aid is one from outside the Acts of Parliament. They include: 1) Dictionary 2) Previous Acts on the same topic of Acts in PariMateria 3) Earlier case law 4) Hansards 5) Official Report from law provision 4th July 2012 LOGIC AND LEGAL REASONING * The dictionary defines logic as the science of reasoning, thinking proves or inference. It is an accurate form of reasoning, its roots is the Greek word logos which means reasons. There are two (2) main types of logic: 1) Deductive Logic, and 2) Inductive Logic And in addition a third time known as abductive logic DEDUCTIVE LOGIC ALSO ARGUMENT OR REASONING Deductive reasoning begins with the assertion of a general rule and precedes from there to guarantee conclusion which may be a general or a particular conclusion; * A conclusion obtained through the deductive reasoning is certain mathematics is based in deductive reasoning. A deductive statement is always true because it is true by definition. INDUCTIVE LOGIC * This involves arguments that put forward some general proportion or conclusion from facts that seem to provide some evidence for general proposition or group of proposition. This i s perhaps the closest to the everyday legal argument when decisions are made concerning which side of a dispute is accorded the privilege of their story in terms of law authority to provide declaration of right sanction or compensation. * Inductive Reasoning is similar to Deductive Reasoning in so far as the conclusions are based on premises. However in Inductive Reasoning the conclusion reached extends beyond the facts in the premises. The premise supports the conclusion and makes it probable therefore there is less certainty and it is possible that other conclusions exist; * Subdivision of Inductive Reasoning is reasoning by analogy these being the method best known to the English Legal System. The difference between Inductive and Deductive Reasoning is that Deductive Reasoning is that Deductive Reasoning is a closed system of reasoning from general to general and to particular. It is therefore analytical whereas Inductive Reasoning is an open particular case in conclusion which suggests the end process is in conclusive. ARGUMENT ANALOGY This is the most common form of argument in law the English word analogy is derived from the Greek word â€Å"analogia† meaning a quality of ratio or proportion in English analogy means similarity or resemblance; * Analogy treats cases as like where they have material resemblance , such an argument begins stating that two (2) objects are observed to be similar by a number of attributes. It is then concluded that the two (2) objects are similar with respect to a third. The strength of such an argument will depend on the degrees of the relationship. VALIDITY * Validity is a structural or formal feature of an argument. It has nothing to do with the actual truth falsity of the argument premises. A valid argument is one in which the conclusion follows conclusively from the premises

Pure, Per Se and Natural Monopolies

Pure, Per Se and Natural Monopolies Introduction Today’s economies need to evaluate and analyze effects influenced by decisions made in production, consumption or relatively all production and marketing activities. Economic agents interact in the production and marketing environments and a particular agent decision can have an influence to social-economic effects on the other (Externalities and policy, nd).Advertising We will write a custom research paper sample on Pure, Per Se and Natural Monopolies specifically for you for only $16.05 $11/page Learn More These influences and effects are regarded as the externalities. This means are effects beyond production or consumption of a project, firm, industry or individual spectrum (Mankiw, 2008). Externalities effects can be positive or negative. Negative externalities are actually painful to the immediate agent. Governments through its institutions need to develop and implement policies to curb negative externalities effects that could other wise cause malfunction of another economic agent. As a policy maker concerned with correcting externalities relating to gases and particularly emitted by local power plants, various policies need to be developed and enforced. Policies to curb negative externalities due gases emission and consumption thus will lessen the overall effects to other agents still maintaining and maximizing the economic activity. Policies to reduce the total amount of emissions There are many costs related to the production and the consumption of gases. For example damage of the environment and risk of explosive gases emission and levels. Some of the policies to be developed include pure, per se and natural monopoly market structure policy and an environmental policy. Monopoly market structure policy Because the competitive economy of emission and the production of gases in presence of externalities are inefficient, fighting externalities through monopoly structure policy is legitimate. In this monopoly ma rket structure policy, objectively target to shift production levels into a more social-economic level (Hirshleifer et al., 2005). This will further reduce reduction. Market inefficiency in competitive economies regarding production of gases occurs due to production more that the market demand and thus increasing the negative externalities. The policy will reduce production of gases because the monopoly industry will produce enough to meet market demand.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Only one firm will be provided with the license to produce gases under pure, per se or natural monopoly bases. Government can franchise international company to engage in the production and benefit the monopoly powers. Conversely, there are various costs related to monopoly market structure. Bearing in mind the industry produce enough for consumption, it still possesses powe rs to regulate prices thereby assuming the role of capitalistic market system (Hirshleifer et al., 2005). In fact, the industry is responsible in setting prices and not the demand supply mechanism in the market. Environmental policy The policy acts as externality control policy. Environment policy is usually also referred to as targeting policy (Riley, 2006). The policy involves deciding economic variables such as prices or outputs regulated in an attempt to control externalities. Developed policy reduces production by giving quotas to the involved firms. Further as argued by Zilberman, (2002) production level is curtailed by applying taxes and subsidies to regulate or reduce production. Environment policy targets outputs reduction, inputs or externality generating activity to reduce overexploitation thereby reducing production levels. Government measure and calculate the pollution produced per unit of outputs and set tax percentage on the output to achieve externality reduction tax . Conversely, there are various cost related to environmental policy. According to Riley, (2006) one cost is that the government institution may find it’s difficult in estimating the degree of pollution or externality thereby causing underestimation or over estimations. In addition, increase in taxes and giving of subsidies may drive firms from the industry decreasing production levels lower than demand (Riley, 2006). This causes inefficiency in the market and under utilization of resources. Conclusion Externalities are usually connected to market failures. Usually, when externalities prevail and the policies are instituted to curb effects, prices do not reflect the true marginal costs. Ideally, many policies lead to erosion of competitive economy spirit leading to low production and consumption levels.Advertising We will write a custom research paper sample on Pure, Per Se and Natural Monopolies specifically for you for only $16.05 $11/page Learn More The benefits of producing and consuming gases do not only benefit the producer or consumer. The economic activity may bring fourth other negatives to the consumer. Thus immediate policies need to be formulated to protect other economic agents such as consumer and the social ecological systems. Government should therefore reduce or internalize the main externalities through adoption of various policies. The above policies, market structure policies and environment policies would reduce externalities due to production and emission of gases. References â€Å"Externalities and policy† (nd). Negative externalities and policy. Web. Hirshleifer, J, Glazer, A., Hirshleifer, D.A, (2005). Theory and Applications: Decisions, Markets, and Information. Cambridge: Cambridge University Press,  Mankiw, N. G. (2008). Principles of economics. New Jersey: Cengage Learning. Riley, G. (September 2006). Externalities Government Policy Options. Markets Market Systems. Eton College Web. Zilb erman, D. F. (2002). Negative externalities and policy. University of California. Web.