Managerial Discretion Essay Example | Topics and Well Written Essays - 2250 words

Managerial Discretion - Essay Example er, managers need to be able to exercise their own judgment in hiring decisions, strategic planning, effective administration and resource allocation decisions. The consequence of not allowing such discretion would be a lumbering organization that is unable to take nimble actions that can keep it competitive in a global marketplace. Absence of managerial discretion would lead to a heavily bureaucratized company that takes much more time to make and implement strategic decisions than its competitors and thus would fall by the wayside. At the same time, allowing managers to run amok with their own preferences can be equally dangerous by setting up a situation in which conflicting decisions are made at different levels of an organization that end up stalling progress. The effective organization strikes just the right balance by allowing a high degree of managerial discretion while instituting appropriate constraints to keep the business functioning effectively. Defining Discretion Key (1997) defines discretion as "a belief that individuals can influence their environment. The concept of discretion, originally borrowed from the judiciary, involves decision making that is guided by individual principles and beliefs unfettered by external control" (par. 13). Thus, discretion is necessarily a subjective determination that a particular manager has a range of options available to him/herself. Key (2002) further maintains that "Discretion is based on the belief that one has responses available with which to influence the environment. Individual perception influences whether or not an individual believes there are actions available to him or her" (par. 2). This subjective determination has been described as "perceived latitude of action." The concept of managerial discretion... The importance of managerial discretion to modern companies is substantial, and has long been recognized as such. Discretionary behavior by mangers is essential to the strategic operation of a company; but at the same time allowing unfettered discretion can be hugely detrimental to the well-being of a corporation, as evidenced by the scandals that have taken place in recent years in the United States and elsewhere. While managers must have the ability to analyze a situation and determine and appropriate course of action, there must be some guidelines – or constraints as it were – placed on that discretion in order to protect the company from these types of damaging developments. Several studies on the scope and limits of managerial discretion have found that there are several variables influencing and limiting the exercise of discretion in modern business. These include such factors as age, length of tenure, educational attainment, gender, locus of control, and organiza tional culture. Each of these factors has a direct impact on the extent to which managers feel free to exercise discretion, or not; and consequently they affect the success or failure of a business. Ultimately, managerial discretion is a critical balancing act for any business that seeks to compete successfully in today’s global business environment.

Domestic Transportation Infrastructure Research Paper

Domestic Transportation Infrastructure - Research Paper Example From the research it can be comprehended that transport is a means through which people shift from one place to another. There are many reasons for people to move from a place to another which may include studies, job or any other purpose. Whatever the reason for travelling from one place to the other place would be, means of transportation serve important purpose in making people fulfill their various needs. The modes of transport include: †¢ Cars †¢ Bus †¢ Trains and Trams †¢ Airplane †¢ Ferries and ships etc. The modes of transport used in urban areas are slightly different from the ones used in rural areas. In the areas known as metropolitans that are actually the heavily populated areas, the need of public transport rises. In these regions, people have to adopt various means to go for work or for children to go to school. The most common type of transportation is provided by transit systems in most regions. Transit systems are basically bus services which run around the city to provide transportation facilities to students, workers and all kinds of people. These buses provide their services to city dwellers at low fares which increase their usability in urban areas. Usually, bus service appears to be the preferred means of transportation by a majority of people because of inexpensive rates and convenience. There are different types of transit systems that are run in various countries. In New York, for instance, subway system is among the transportation system which is probably the biggest one in the world. People living in urban areas in New York prefer travelling by bus to car. It is one of the cities in which the use of public transport is frequent and constant. The reason for this frequent use of bus as a mode of transport might be because of the less amount of cars people own in New York. Similarly, London has a large network of trams, both underground and over ground rails, subway and buses which help people in shifting from a region to another. Usually, people have travel cards for travelling in buses and people are not allowed to drink alcohol in public transport in London. However, in some countries the use of cycle is preferable as a means of transportation in urban areas (Krizek, 2003). There are many factors that determine the use of a specific means of transportation by people. However, the main reasons of choosing bus services are the cheap costs and affordability; need to have more spacious roads that cannot be possible if everyone moves on his own car and social responsibility that everyone gets a chance to travel regardless of whether he owns a car or not (Naess, 2005). Some modes of transport are used in specific regions depending on the people’s needs. For instance, in such a place where people collect the products from various factories and intend to export them, they need some means through which they can transport the materials to different places. Usually this is done by means of ship if there is an ocean nearby or by bus, train or airplane. Change of Trend:

Strategies for Achieving Sustainable Built Environment

Strategies for Achieving Sustainable Built Environment Energy constraint and global warming are becoming the key challenges encountered by the world today. Major amount of energy is being used by the building sector for achieving comfortable thermal conditions. Fifty per cent of energy consumption is due to buildings. (Melet, n.d., p.06). Demand for Energy is increasing rapidly. The U.S. Energy Information Administration (EIA) in its (IEO, 2011) International Energy Outlook 2011: states that world energy consumption grows by 53% from 2008 to 2035. The U.S. Energy Information Administration (EIA) is the statistical and analytical agency within the U.S. Department of Energy. It studies and broadcasts energy information to make proper decisions regarding energy efficiency, public understanding of energy usage and proper policymaking. (EIA, September 19, 2011). Sustainable and climate responsive architecture offers feasible solutions to these challenges. Since the pre-industrial era Global warming is one of components which led to Environmental Degradation. Global warming which has risen by 0.7 °C since the last 300 years is likely to be increased by up to 8 °C by 2050 according to the (IPCC, 2007). IPCC i.e. intergovernmental panel on climate change is a leading organisation for the assessment of climate change. It also states that almost 90% of the warming in the decent decades is caused by energy related human activities, mainly because of CO2 emissions due to the burning of fossil fuels. (IPCC Fourth Assessment Report, 2007).Thus there is a need for urgent action to design buildings to protect us from the effects of climate change and global warming. We have to know from where we are coming to know where we are going- Charles Correa. There is a need to transform the past knowledge to act as a catalyst for the future. Tradition and Modernity are two sides of the same coin and must be dealt with simultaneously. Some of the Architects who have used this into practicality are given. Hassan Fathy did not use any hi-techniques of air-conditioning, instead according to him it is very important to study and understand natural physical properties of heat, wind and water which are the natural environment controls. It is very important to know how native materials can be improved and developed via new techniques, to meet the present day needs. Francisco Bobby Maà ±osa feels that prejudices against older materials can be overcome and exciting new possibly can be created. Charles Correa via his design philosophy of transfer and transformation re-integrates many older fundamental ideas, into his modern designs, which recognises the problems of today, yet show a deep respect for Indias culture and tradition. (Pearson, 1994, p. 122-124). The new Architecture has its roots deep in Vernacular tradition, which is rich in messages that are becoming more and more relevant to our time- messages that help us remember humility and a belonging to the Earth (Pearson, 1994, p.08). For 100 of years common builders have managed to build using small amount of available energy resources without affecting the surrounding environment, thus using it in a sustainable manner. These practices should be used in the conventional architectural practice of today, which are accountable for Environmental crisis. In the midst of great technological, environmental and political change over the past decades, the vernacular has become highly relevant over the past decades either as a technological example, or as a politically strategic element. Given that architecture is inevitably connected to technological developments, environmental issues and political change, vernacular architecture has thus become a central concept in Architectural theory and Practice. (Arboleda, n.d.). Introduction: The assessment of energy and comfort conditions is the most important factor in determining the architectural process. Energy efficiency and renewable energy are the most important aspect of sustainable design. Even climate and environmental conditions play a major role in a building design. The main purpose of designing a building is to create suitable condition for human comfort. Traditional builders used limited and naturally available materials to achieve comfort and climate was the major contributing factor in traditional building techniques. Due to the ever growing global concern, use of energy and limitation of resources it is the responsibility of an architect to design buildings which are sustainable. For creating sustainable building it is very essential to ascertain the basics from where this science originated. There therefore arises a need to look back in the past as how our ancestors built their own homes taking care of function, religion, social and spiritual values and above all adapting to the climate for making a comfortable living. So it is very important to study from the past traditional structures built by our ancestors without the use of modern technology and to make use of it in the present scenario for making sustainable built environment. The study of history of vernacular buildings has demonstrated throughout that the buildings have prominent sustainability, whilst fanciful architectural forms do not; they are pleasant and are to preserve the cultural messages they convey. (Ryan, 2011, p.51). According to (Arboleda, n.d.), over the last decade Vernacular studies have become established in the mainstream architectural discourse due to the following 3 reasons: Global Communication technologies: Since the 1960s there has been a great awareness among architects because of the easy and extensive access to the knowledge of traditional communities Global Environmental Crisis: Contemporary interest in this subject has arisen due to resource depletion, global warming and energy crisis. Global Politics: Vernacular Architecture is a valuable tool in the ethno politics. It is a key in ethnically sensitive projects, thus maintaining the cultural identity. Due to these ethno sensitive programs traditional elements are used in the making of new structures but by modernizing or re-engineering it, thus making it modern Vernacular or neo-Vernacular. The Meaning of Vernacular Architecture: The term vernacular originates from the Latin word vernaculus which means local, natural or original developed from Verna, meaning native slave or home-born slave. The numbers of factors which define a vernacular building are based upon time immemorial building techniques, use of naturally available materials, also location of the buildings and its usage. It is passed on by the word of mouth, and materials which are readily available. In addition it is a system invented by the local craftsmen and occupier. Vernacular Architecture can also be called as a structure created by an amateur without any education in this type of designing method. Thus it is a traditional method of building which is passed on from generation to generation. The method of constructing is based upon traditional practices and techniques. It is usually built with the help of family, clan or builders in the tribe and reveals a high level for craftsmanship and quality. The function of the building is the most governing factor followed by aesthetic consideration and use of local materials. Geographic environment is a very important factor seen in a typical Vernacular building; a sloping roof surface is made to bear the rainfall, a circular house form to oppose cyclonic winds, a thick flat mud roof for cooler interior space and to take out the heat of the sun, an inner courtyard for open space. In hot and dry climates, for example, buildings were shaded to avoid unbearable summer sun by tall vegetation, rock overhangs, or, in flat deserts, the courtyard building form. They were placed such that they could also receive the pleasant warmth of the winter sun. (Pearson, 1994, p.95). This shows that vernacular methods are the most traditional method of building structures which are responsive to climate. Factors leading to development of Vernacular form: Vernacular buildings are human constructs which are results of the interrelation between ecological, economical, material, political and social factors. (Asquith, L and Vellinga, M (Ed.),2006, p.110) Bakers remarkable work is seen from the way he uses environment, traditional methods, comfort, culture and technology in his works. (Bhatia, 1991 ,p.3) There is an overlapping of traditional techniques of climatic conditions and vernacular styles. Historically, practical devices were slowly embellished and generalised through repetition to become a part of an architectural vocabulary, a process Charles Correa describes one of the generating forces of architecture. Charles Correa tries to incorporate cultural values and traditional techniques in his process of designing considering the lifestyles of Indian people. (Hagan, 2011, p.116) Tadao Andos works shows compositions, which consists of mainly use of simple forms and visible use of concrete material. In most of his works the use of nature, space, character, climate, weather, and cultural background can be clearly seen. He believed that when greenery, water and light is abstracted through nature the form becomes sacred. (Nute, 2004, p.86,87,88) Vernacular architecture is influenced a lot by human behaviour and environment, leading to different building forms for every different context. Thus from the above references it is clear that there are various factors which lead to the origin of Vernacular form: Climate Materials and technology Site features Religion Economics Socio-cultural considerations The factors which directly regulate the form are: Climate Socio-cultural considerations Religion The factors which indirectly relate show that they restrict the evolution of form but do not essentially regulate the form: Materials and technology Site features Economics Materials and technology: It does not necessarily define the form of a house. Even if same material and technology is used in a particular society yet the forms would vary depending upon the function and culture as well. Site Consideration: Site features may restrict the house form but it does not decide the form. On similar site different house forms can be seen whereas on different sites similar house can be seen. Economics: The economy may affect the size of the house or type of materials and techniques used but does not affect the form. A society with same economic conditions may have different house forms due to socio-cultural values. Due to different views and thoughts people with similar economy may choose different house forms. Religion: Religion cannot totally determine the form alone but plays a direct influence in its evaluation. Religion can have a strong influence on the form, plan, spatial arrangements and orientation of the house. Many houses are built according to religious influence of the society. Socio-Cultural Factors: Socio-cultural or traditional methods of using a place can have direct effect on deciding the form of house. Both physical and socio-cultural aspects affect the form. The physical setting may provide several possibilities but actual choice gets restricted due to cultural factors. Climate: It is the most important factor in determining the form. Due to different climate in different countries the form is found to be similar. The poor thermal performance of the building in spite of using technologically advanced environment systems suggests that one needs to consider the physical environment while generating a building form. Aim: To analyse Vernacular architecture in achieving Sustainable Built Environment for Contemporary structures. Objective: To study the origin of traditional houses and examine its sustainability. To study traditional building material, their sustainability and the contrast with modern architecture. To study thermal performance of Vernacular building materials. To study the role of Building regulation in the sustainability of traditional building construction. Research Question: How can traditional methods of architecture be incorporated in modern buildings? How can the revival of the vernacular in the present contemporary architecture help it to become more sustainable inheriting cultural roots? Methodology: Although Vernacular Architecture is emerging as a very developing area of study, still much needs to be done theoretically, metholdologically and through recording and documentation, before applying it to twenty-first century. (Asquith, L and Vellinga, M (Ed.),2006, p.03) Following are the methodologies used for the research. Literature Review: To read and analyse in depth about Vernacular Architecture using some of sources which includes digital media, web sources, books, published journals in related disciplines, scholarly articles and published papers. Qualitative Survey Using Live Case Studies: Conducting the Case study using Collecting the Evidence method is used here. (Yin, 2003, p.83) Sources of Evidences which will be used here are as follows. Historical Documentation- This type of documentation can be done by using data collected through local libraries or other reference centres. The documents could be proposals, progress reports, internal records, newspaper clippings and other articles appearing in mass media or in newsletters. Interviews- It is the most important part of the case study. Structured Questions will be used as a type of interview along the lines of a formal survey. Such survey can be designed as a part of case study and produce qualitative data as a part of the case study. (Yin, 2003, p.91). Here interviews with building industry professionals will take place (if the project is complete) or interview of workers or managers (if the site is an on-going project). Post occupancy questionnaire will be prepared for the present occupiers of the site to know their perception of the site. Post occupancy evaluations provide an indication of major successes and failures in a buildings performance. They can be used to improve and explain the performance of a building and are useful not only to the occupants and owners but also to the designers, who can learn about both their mistakes and successes and can apply these findings to future projects. Direct Observation- It includes field visits to know some relevant behaviour or environmental conditions. Observational evidence is often useful in providing information about the site. Physical Artefact- Here it could comprise of material being used on the site or any other physical evidence to find out the sustainability of the structure. Analysing Case study Evidence- While analysing the interviews and the questionnaire some common topics will be listed and a checklist will be prepared and the selected case studies will be evaluated against the topics in a checklist. Reporting Case Studies: A standard approach called Linear analytical Structure will be used here. It consists of findings from the data collected and conclusions and implications from these findings. Work Plan: Weeks Activity 1-2 Literature review: Understanding the background of the topic reading various books, journal articles etc. 3-6 Historical Documentation: Collecting data from various sources on vernacular Architecture. 7-9 Case study: It includes both interviews and field work which could be done simultaneously. 9-12 Compilation of data: Review all the collected data, edit and compile it and re-phrasing it in the form of a detailed dissertation report. Possible Outcome: The main aim of the research is to manifest and prove that Vernacular architecture is a solution for todays Sustainable Design principles. The vernacular architectural studies will provide useful insights for designing contemporary structures by taking evidences form the Vernacular structures of the past.It also aims to look into strategies which could be cost effective in construction and specification.The final outcome will be in a form of conclusion report from the case studies which will help in designing contemporary structure using climate responsive design concepts. References: Arboleda, Gabriel.(n.d.). Traditional, vernacular and ethnic architectures from http://www.vernaculararchitecture.com/ Asquith,L., Vellinga,M.(Ed.). (2006). Verncaular Architecture in the twenty-first century: theory, education and practice. Abingdon, Oxon., USA and Canada: Taylor and Francis. Bhatia, Gautam.(1991). Laurie Baker: life, work, writtings. New Delhi, India.,London, UK.,USA, Victoria, Australia., Ontario,Canada.,Aukland,Newzealand: Penguin books. Eia Independent statics and Analysis: U.S. energy information administration. (september 19, 2011) from http://www.eia.gov/forecast/ieo/index.com/ Mellet, Ed. (n.d.). Sustainable Architecture: Towards a diverse built environment: NAI Publishers. Nute,K.(2004). Place, time and being in Japanese architecture. New Felter lane, London., USA and Canada: Routhedge. Pearson, David. (1994). Earth to spirit: in search of natural architecture. London, U.K.: Gaia Books limited. Parry, M.L., Canziani, O.F., Palutikof, J.P., Vander, Linden., Hanson, C.E. (Ed.). Climate Change 2007: Impacts, adaptation and vulnerability. Cambridge university press from http://www.ipcc.ch/publications_and_data/publications_ipcc_fourth_assessment_report_wg2_report_impacts_adaptation_and_vulnerability.htm Ryan, Carol. (2011). Traditional construction for Sustainable Future. Abingdon, Oxon., USA and Canada: Spon Press. Susannah, Hagan. (2001). Taking shape: A new contract between Architecture and Nature.Jordan, Oxford: Architectural Press. Yin, R.K.(2003). Case study Research: Design and methods. Thousand Oaks, California., London, UK., New Delhi, London: Sage Publication Inc.

Carl Jungs Exploration of the Unconscious Mind Essay -- Carl Jung Per

Carl Jung's Exploration of the Unconscious Mind Carl Jung is best known for his exploration of the unconscious mind, developed through his education in Freudian theory, mythology, religion, and philosophy. Jung was born July 26, 1875 to a well-educated family in Kesswil, Switzerland. He was raised with a love for language and literature, beginning Latin lessons at the age of 6. As a teenager, Jung led a solitary life. He did not care for school, and shied away from competition. When he went to boarding school in Basel, Switzerland, he was the victim of jealous harassment, and learned to use sickness as an excuse. He later went on to the University of Basel, intending to study archaeology, but instead decided to study medicine. After working under the famous neurologist, Krofft-Ebing, he discovered psychiatry. After graduating, Jung worked at a mental hospital in Zurich under Eugene Bleuler (who later discovered and named schizophrenia). In 1903, he married and at this time he was also teaching classes at the University of Zurich, working at his own private practice, and working on his theory of word association. He finally met Freud, in 1907, and they developed a friendship as the two compared theories. Their friendship eventually ended, and soon afterwards came WWI and a rough time of self-examination for Jung (which then led to his theories of personality ). He retired as a psychiatrist in 1946, and died fifteen years later. Jung’s theories of personality are closely related to the Freudian theories. He divided the human psyche into three categories; the ego, or the conscious mind, the personal unconscious which holds memories and such, and the collective unconscious which is the connection that all humans share. According to Jung, the collective unconscious is made up of archetypes. An archetype is the â€Å"unlearned tendency to experience things in a certain way†#. There are an innumerable amount of archetypes, which all organize experiences or materialize thoughts in their own way. The mother, Mana, Shadow, Persona, and Syzygy archetypes are the most common. The mother archetype is a â€Å"built-in† void, which automatically seeks out a mothering figure. If the individual lacks an actual person to fill that void, he/she may live in which something else fills it. They may live a life devoted to the church (meditating on a figure of Mary),... ...the four functions through which humans perceive and deal with the world. These include sensing (through which a person gets information from their senses), thinking (through which a person evaluates ideas with logic), intuiting (which is a kind of sixth sense unconscious perception), and feeling (through which a person assesses information by their emotional response). Jung described sensing and intuiting as â€Å"irrational† because they involve simply receiving information and making no judgment on them, and thinking and feeling as â€Å"rational† because one judges the information received. Much of Jung’s work, controversial as it was, is still in use or extended upon to some degree today. Katherine Briggs and her daughter Isabel Briggs Myers developed the Myers-Briggs Type Indicator based on Jung’s categorization of the psyche. Through taking this test, one can be identified as being one out of sixteen different categories such as ENFJ (extroverted feeling with intuiting) or ISTJ (introverted sensing with thinking). Jung’s Word Association test is also in wide use in the psychiatric field today. Works Cited Dr. C. George Boeree. "Carl Jung." Personality Theories. 1997.

Regulation of Hate Speech Essay

The idea that the government might cut off hateful or propaganda filled-speech is counter to the idea that America cherishes, that all people are created equal with unalienable rights, one of which is the right to voice unpopular ideas. Racist speech on campus or in the public square is uninviting, but acceptable, under certain circumstances. In Charles R. Lawrence III’s essay, â€Å"On Racist Speech,† Lawrence argues against the regulation of speech that he deems inflammatory, however he does seem to play both sides of the fence. He argues against regulation of racist speech by the government that does not contribute to the overall health of the minority community discourages censorship that could lead to a duct taping over certain mouths in America, in effect he would be happy if the majority populations simply let the minorities have a little more of the crumbs. The more unpopular an ideas is the less likely people will view the idea is a net benefit to humanity. Fostering free speech in the America, in the Court room and on college campuses would bring about a new paradigm in relations between minority and majority groups because they may start to understand each other in a more humane way. Lawrence suggests that a community of fair-minded people will self-regulate speech. The question of self regulation becomes an easily misunderstood idea, if it is not rectified with sanctions. Ku Klux Klan members (for instance) have no moral concern over the groups that they belittle and harass. Instead of demonizing the racist groups, Lawrence calls for counter rallies at University to bring the atmosphere of free speech to every citizen. Counter demonstrations are a healthy and necessary activity; however, the community, as a whole, needs to send a message that they strive for is positive, while the racist groups represent negativity. According to Lawrence, a distinction is drawn on campus â€Å"between ideas [that] are presented at times and places and manners that provide an opportunity for reasoned rebuttal or escape from immediate injury,† and ideas that are used as â€Å"assault weapons† (64). If counter demonstrations alone were sufficient to combat racism, then laws or university regulations would not be needed. Kermit Roosevelt III in his article â€Å"States as Speakers† offers another opinion somewhat piggy backing on the matter of restricted free speech, he suggests that â€Å"the concept that government may restrict speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment† (62) If one were to intentionally violate the university’s regulations, then one voluntarily gives away his or her privilege to free speech; however, by forbidding the expression of racist speech on campus, or in workplaces, responsible authorities do not violate the First Amendment. Institutionalized racism as exemplified by the landmark Supreme Court case Brown vs. Board of Education, and it is a lesson to all Americans. The Supreme Court struck down the concept of â€Å"separate but equal,† which states that segregation is socially just as long as whites and nonwhites receive equal resources (Lawrence 62). Not surprisingly, this is not how segregation works. Some members of the dominant class (the white majority) did not like the idea of integrated schools, but they were unable to prevent societal change because the winds of change were blowing against them. Maud Blair illustrates in her article â€Å"Whiteness as institutionalized racism as conspiracy: understanding the paradigm† suggests that â€Å"Whiteness is an ideology or social creation, a signifier of power and privilege in both global and local terms. Whiteness is not †¦ to be mistaken for White people although the two are of course closely linked. This civil rights movement continued despite the segregationist and supporters of separate but equal and the so called â€Å"whiteness stereotype†. Lawrence combats this idea with a remedy of his own, while arguing to protect minorities we must start â€Å"eliminating the system of signs and symbols that signal the inferiority of blacks† (62). Interestingly, Lawrence seems to play both sides of the fence he wants to appease the writes community while toying with minorities in a deceitful way. He proposes that it may even be elitist or judgmental to protect minorities; he wonders how the unpersecuted can know the effects of persecution (62). The real issue is keeping protective measures from going so far that those who enact such measures end up doing exactly what racists are guilty of; that is, assuming that minorities are inferior and incapable of defending themselves. While the idea of reducing hate speech is an ideal one, some minorities understand that allowing Neo Nazis who demonstrate in the public square, while unpleasant and hurtful, is a necessary evil. Racists hate mongers, and bigots of all kinds are intent on destroying the sense of safety that the minority community should be able to enjoy. It is never acceptable for a racist group to intimidate other minority groups without penalty. The penalty should not be the elimination of all speech because a few fanatics want to have their way. While many minority groups do not support the censorship of free speech, some Americans acknowledge the result of emotional and physical pain that might be inflicted upon the intended targets of a racist demonstration. Racist demonstrations are a means of intimidation and oppression. Lawrence argues how the regulation of hateful speech â€Å"cannot be anticipated or avoided,† but states that announcing the time and location of racist demonstrations â€Å"would give minority-group members and their allies the chance to avoid the speech altogether† (63). The protection of ritualized racism, demonstrations, rallies, and marches, is therefore, acceptable to Lawrence. Sustaining Lawrence’s assertions, Jeffery Liew author of the article â€Å"Hate Speech: Asian American Students’ Justice Judgments and Psychological Responses† suggests that â€Å"Hate crime legislation is controversial for a variety of reasons, not the least of which is that it can often conflict with a core value of American democracy enshrined in the First Amendment: the freedom of speech† (364). Liew’s argument is a based on the American democracy could be devalued if censorship is taken serious and implemented. The Supreme Court weighs heavily on the minds of free speech participating members. If Lawrence and Liew’s arguments are to be taken seriously, they needs to reexamine the possible that violence can occur because the reaction when conflict mixed with emotion is sometimes a recipe for an explosion of violence. Any form of violence is not a guaranteed free speech right. Lawrence also implies that government regulation breeds Libertarian martyrs because Libertarians naturally dislike government regulation. If the government regulates all forms of speech, then Libertarian Americans will, in turn, argue for a necessary remedy to the regulation. When some Libertarians are displeasing justify deregulation. The government regulates everything from air and tobacco to arsenic in the water the Libertarians would gladly point out. When it comes to the First Amendment activist and free speech advocate Annabel Patterson has a simpler view in her article â€Å"More Speech on Free Speech† she asserts â€Å"As Justice Holmes said long ago (in Gitlow v. New York). Every idea is an incitement to somebody . . . every sentence is potentially, in some situation[s] . . . fighting word[s]† (Fish, qtd in Patterson 60). As an alternative to additional laws governing expression, Lawrence makes a case for the inclusion of lawyers in the process of protection of free speech: â€Å"[g]ood lawyers can create exceptions and narrow interpretations that limit the harm of hate speech without opening the floodgates of censorship† (64). The question of separation of powers starts to rear its ugly head. With every day that passes the United States seems to lose another piece of freedom, or so the Libertarians would have you believe. Lawrence’s assertions makes one believe that he wants the judicial branch involved in First Amendment issues. There are fallacies in his argument; first, his premise that lawyers would abide by the limits of their power is somewhat preposterous. Secondly, the Supreme Court has made some awful decisions in its history. The Dred Scott case is a prime example of the government regulating from the bench. Lawrence is correct in his assertion that one’s free speech rights cannot be regulated by the government; however, they can be self-regulated by universities and community colleges across the country, via the idea of time, place, and manner, as well as self-regulation by open-minded communities. We see this today as many college campuses allow speech that they deem ok, while disregarding the rights of the conservative community to have the same rights. There may be a day when all men and women are created equal in the sight of the college administrator. While the United States’ government regulates hate speech when it is intended to incite bodily harm amongst its victims, it generally does not get involved in matters of derogatory speech because it is covered in the 1st Amendment. The intent of the framers of the Constitution made it crystal clear that the only way to restrict Free Speech rights was to change the constitution. There are, and always will be, moments when the rights of some seem unfair to others, however freedom comes with its prices, and those prices seem sometimes unbearable to one’s sole. However, the price of free speech is borne by the people sworn to protect this country, the soldiers that lay down their lives in conjunction with the idea that every person has a value and the values of America supersede those of any other country. It does not matter if one personally agrees with another person’s First Amendment rights, because if you are an American you are guaranteed full protection under the law. Government regulation of speech goes against the very nature of America and should be struck down at every possible moment. Members of the ACLU and ACLJ ironically agree in this concept. America need not go down the road to perdition or it may not come back with its dignity intact.

Tort Walk

Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins, J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation, another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common areas. These windows were out far enough for a person to walk or run in to. Depending on the persons size this could very easily cause severe injury to oneself. The windows are approximately four feet off the ground tilted out into the courtyard where students and faculty move about. When the bell sounds to change classes there is a lot of movement and confusion. It is easily seen to an observer how one could get hurt. Florida Statute 1001. 2 Says Maintenance and upkeep of school plant will provide adequately for the proper maintenance and upkeep of school plants, so that students may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools. Second, make or contract for additions, alterations, and repairs on buildings and other school properties. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction. Florida Statute 1001. 43 authorizes facilities management thru the district school board to adopt policies providing for management of the physical campus and its environs, including, but not limited to, energy conservation measures; building and ground maintenance; fencing, landscaping,( and other property improvements); site acquisition; (new construction and renovation); dedication and rededication or naming and renaming of district buildings and other district facilities; and development of facilities management planning and priorities. Strict liability by the law essentially means liability that is imposed on an actor apart from either, intent to interfere with a legally protected interest without legal justification for doing so, or a breach of a duty to exercise reasonable care. Strict liability arises as a result of the abnormal danger of the activity itself and the risk that it creates to those in its vicinity (Alexander, 2009). Whether an activity is â€Å"ultra hazardous† or â€Å"abnormally dangerous† requires asking â€Å"whether the risk created is so unusual, either because of its magnitude or because of the magnitude or because of the circumstances surrounding it, as to justify the imposition of strict liability for the harm that results from it, even though it is carried out with reasonable care. There are six factors for determining whether an activity is abnormally dangerous: Existence of a high degree of risk of some harm to the person, land or chattels of others; Likelihood that the harm that results from it will be great; Inability to eliminate the risk by the exercise of reasonable care; Extent to which the activity is not a matter of common usage; Inappropriateness of the activity to the place where it is carried on; Extent to which its value to the community is outweighed by its dangerous attributes. All of these factors are important in consideration, but not all are required, and one is not more important than the other. Negligence can be a part of this scenario as well. Negligence differs from an intentional tort in that negligent acts are neither expected nor intended, whereas an intentional tort can be both anticipated and intended. With negligence reasonable person in the position of the actor could have anticipated the harmful results. An example of this is the window open at the school during class change. The school knows the courtyard is crowded at this time and have been notified previously that it is a danger to students and faculty. A student runs into it not paying attention while talking to another student. Johnny’s eye is severely cut and requires surgery to fix it. This scenario would follow under this term negligence. It was not really intentional nor was it anticipated but it did happen. The school would be liable in this case. Reasonable person has been described by different courts but has roughly four elements: The physical attributes of the person Normal intelligence Normal perception and memory with a minimum level of information and experience common to the community Such superior skill and knowledge as the actor has or holds himself or herself out to the public as having. To have a valid cause of negligence, certain prerequisites must exist. These four categories are divided like this: A duty to protect others A failure to exercise an appropriate standard of care The existence of a casual connection between the act and injury, called proximate or legal cause An injury, damage or loss Building codes for public schools are different than private schools. Under the building codes for Florida schools certain safety regulations are required to be in place. Older schools have to be refitted to the standards of today. Some schools are condemned and others remolded to remain open. My course of action would be to retrofit the school with windows that do not open to the outside courtyard that could possibly injure personnel, or to secure the windows so they can only open an inch to prevent students from coming in contact with. Better to fix the problem now before there is a law suit.