The role of a dissertation committee Essay Example | Topics and Well Written Essays - 750 words

The role of a dissertation committee - Essay Example Indeed, the dissertation committee "has several critical functions" (Studies, 2006) which is why the committee members are selected with tremendous caution. While the committee initially may serve as an invaluable resource to the candidate during the formulation, research and writing phases of the dissertation, they also provide important feedback, guidance and maintain that the efforts of the candidate are properly guided. Furthermore the committee is responsible for conducting a formal defense of the dissertation proposal before the student proceeds further. (Studies, 2006) The chair is responsible for ultimately guiding the doctoral candidate into creating a piece that is original and a worthy contribution to their field. The dissertation committee additionally serves the graduate school and the faculty of the graduate school.. This is done by providing the perspective of one who is not a specialist on the quality of the dissertation. Thus it cannot be said that the committee mere ly assists and represents the student. Their role must not and should not be minimalized as the court in Johnson did.. Note that the judge does not take a position on whether Yale owes a fiduciary duty to Johnson, but allows him to attempt to demonstrate this duty in court. What aspects of the relationship between a graduate student and her faculty advisors might create a fiduciary relationship How does this relationship differ from that of the attorney/client or trustee/beneficiary relationship It is easy to see a fiduciary relationship based upon the supervisory relation between the student and the dissertation board. What is lacking, however and unlike the attorney/client and trustee/beneficiary relationship is the actual payment of fees for that professionals services. A university is paid for the education, but the dissertation committee is not paid directly. I think that there is a somewhat different relationship. Honestly, the answer lies in what the court of a particular jurisdiction defines as a "fiduciary duty. Internet surfing indicates that fiduciary duty is defined as the trust relationship between two people but notably refers to attorneys as an example.1 While there is a relationship between the student and the dissertation committee, I do not think it rises to the level of fiduciary duty. In the CPM, read the case Grutter v. Bollinger and answer Questions 3 and 4 in at least two pages. 3.The Grutter majority opinion (like the Gratz majority opinion) applies "strict scrutiny" review to the affirmative action plan at issue. Why does strict scrutiny review apply here What are the components of strict scrutiny review The dissenting Justices also agree that strict scrutiny review applies, but they disagree with the way in which the majority applies strict scrutiny. What is the crux of this disagreement The reason why the strict scrutiny test is applied is because any issue with regards to race must have more than a mere governmental interest for the government to intervene in any matter, there must be a strong basis and not simply opinion but actual evidence to go with it. These are the components of strict scrutiny review. The reason for the splintering of the Justices, I believe, was best said by Justice Powell, who was careful to emphasize that in his view race "is only one element in a range of factors a university properly may consider in attaining the goal of a heterogeneous student

Maryland's Ecosystems and Environment Essay Example | Topics and Well Written Essays - 750 words

Maryland's Ecosystems and Environment - Essay Example Maryland’s Local and Surrounding Ecologies and Environments In an article entitled â€Å"Maryland’s Environment: A 20,000 Year History of Change† published online, it was revealed that the state exhibits an ecologically diverse landscape accurately described to include river systems in areas such as the Chesapeake Bay, the Delaware River, and the Ohio River drainages; mountain ranges; granite bedrocks; unconsolidated sediments; among others (Maryland's Environment, n.d.). Likewise, it was also noted from the discourse that Maryland’s flora share the same diversity as these evolved from growth spurring from a variety of soils, climates and the state’s local hydrology (Maryland's Environment: A 20,000 Year History of Change, n.d.). In another published report, the ecologies and environments at Maryland were also described as varying natural resources from oceans, barrier islands, beaches, tide marshes, estuaries, low-lying farmlands, rolling hills, mo untain ranges, valleys and plateaus (Maryland Department of Natural Resources, 2003). Specific Factors that Distinguish Maryland’s Ecology and Environment From the historical background, it was evident that the specific factors that distinguished Maryland’s ecology and environment include: large scale, massive climatic change, human settlers and their changes in adapting and adjusting to the environment, and contact and colonization of North America, among others. As emphasized, there was manifested destruction in habitat due to hunting activities that were found to be unregulated. In addition, other factors such as â€Å"increased competition from introduced exotic species and diseases resulted in the wholesale decline in wilderness-dependent species and a corresponding rise in species that favored agricultural landscapes and human habitation sites. This decline and loss has significantly disturbed Maryland’s ecological balance† (Maryland's Environment: A 20,000 Year History of Change, n.d., p. 10). How Human Activities have Affected Maryland’s Ecosystems Human activities have affected Maryland’s ecosystems through an interplay of related acts of men; ranging from the basic physiological needs (food, clothing, shelter) to improving sources of livelihood and transportation. As population increased, the local natural resources were utilized to the point of exploiting their maximum potentials. This fact was corroborated by the Maryland’s Department of Natural Resources which identified tremendous increases in population and in converting land uses from agricultural to industrial have significantly affected and altered the original state of Mayland’s natural resources and ecosystems. As revealed, from the reported historical events of Maryland, the description of the natural environment included â€Å"a rich estuary flanked by marsh and swamplands, intertwining waterways, a gentle plain of locally-diverse f orests, and a network of human communities concentrated in riverside villages where Native Americans plied waterways and trails and managed hunting grounds, nut groves, and gardens† (Maryland's Environment, n.d., p. 7). Ways that Global Warming might Affect Maryland’s Ecosystems According to the report published by the National Audubon Society (2012), global warming significantly affects all facets of human life, including the lives of other organisms,

Contract Law Essays XYZ Building Services Ltd

Contract Law Essays XYZ Building Services Ltd X, the MD of XYZ Building Services Ltd, is considering drafting a standard set of terms and conditions to use in contracts with his customers. Write a report for him explaining What steps he needs to take to ensure that the standard terms are in fact part of any contract he makes with a customer The extent to which he is free to include any term he wants in his standard terms and The provisions of contract law about termination and breach of contract which he may wish to take into account when drafting his standard terms. Background: In order for the customer and XYZ to be bound by standard terms and conditions there should be a set of criterion filled. These conditions should be treated as exclusion clauses as they are the extreme conditions to be enforced. For these standard terms and conditions to be enforced there needs to be a valid contract, which means that four requirements have to be fulfilled. A valid contract must have the following elements; offer; acceptance; consideration; capacity; and intention. These are present in this contract when XYZ offers his work and the customer accepts verbally or in writing. There is also intention because there is an understanding that XYZ will turn up to work on a certain day and the customer will pay a certain fee, which is evidence of consideration as the customer is at a disadvantage.This is a valid contract, however the next area to explore is whether the exclusion clause and standard terms apply because the customer has never worked with XYZ and at the verbal con tract point does not indicate what his usual terms and conditions are. Basic Requirements of Ensuring Enforceable Standard Terms and Conditions: Under contract law there are only three ways that they can be incorporated which are: By signature even if they are not read; By notice where there has to be sufficient notice By custom where there have been previous dealings between the parties even if the clause is added in later. In every case XYZ should ensure that there is case is a signature in case there is no indication of previous dealings, hence the customer may not bound by these conditions yet. Therefore one has to consider the case of notice, off hand there is no notice as XYZ fully indicates what these conditions   and the question is whether the average person would have notice, especially as XYZ is an builder and the customer as a business and these could be construed as standard conditions in the business; but this would be easy to prove as notice was given due to XYZ giving these terms and conditions before the contract was agreed and giving a good indication of their nature at this level. Unenforceable Standard Terms and Conditions In every case that a signature is required it gives rise to the opportunity where the terms were fully expressed but under contract law there could be one problem with the contract if the customer has received the contract in their hands and failed to read it the case of Alderslade v Hendon Laundry Ltd if the exclusion clause can only be construed in negligence and in certain circumstances then it is applicable and as The customer received the usual terms and conditions before XYZ started the work, i.e. they had a chance to end the contract then they are bound by them. However, the case of White v John Warwick Co has held that liability for negligence will not normally be excluded. Therefore it is still very confusing whether XYZ is excluded from the damages that the customer is seeking, therefore the statutory provisions of the UCTA and Sale and Supply of Services Act 1982 (SGSA). Is XYZ is liable for the damages that a customer may ask for? In response there is little evidence in whether the exclusion clauses should be supported or not. Under UCTA Section 2 it holds that negligence cannot be excluded in respect to personal and/or death bat all. In relation to other loss/damage liability cannot be excluded unless there is reasonable notice. Section 11 holds that the reasonable test is that the term is fair and reasonable and whether the individual should have reasonably known or in contemplation of when the contract was made. This is similar to the case law discussion; however it is written from the point that negligence can not be excluded except in strict circumstances. There was no real notice in this case, especially when the verbal contract was made. Therefore it is very likely that this clause will not be upheld as the case of Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd holds that exclusion clauses against the party seeking to rely on them. Yet in relation to the damages to the customer it has to be determined if there is remoteness of damage, whereby monetary compensation can be claimed for a failure to perform a primary obligation as this is a breach and/or the loss for any breach of a secondary obligation. In respect to the negligence that has caused personal injury to persons the law states that this cannot be excluded under Section 1(2) of the UCTA, therefore it has been shown that the customer may claim for this. Reasonableness Test, Breach and Questionable Standard Terms and Conditions Again we must turn to whether there is reasonable notice to exclude liability and under the SGSA Section 16 where restricting liability for breach of implied terms arising from Sections 13-15 is subject to the reasonable test and provisions of the UCTA, where the reasonableness test is based upon the common law officious bystander test that is defined in Sir Law v Southern Foundries Ltd which is a stricter test for exclusion clauses where it has to be so reasonable and that the notice is sufficient that the officious bystander would agree to its terms. This basically holds that there are implied terms such as a reasonable quality of goods and services and that it should be completed in a reasonable quality and should be usable. This means that the exclusion of liability for faulty equipment and liability for faulty work cannot be excluded. This means that these two exclusion clauses cannot be upheld. In respect to the negligent completion of work i.e. was there reasonable excuse for the negligence. Yet it was an express term of the contract and without reasonable excuse this exclusion clause it is possibly not going to be upheld, this is rule from an early common law principle. Yet there is the question whether this is reasonable exclusion for the trade.   However, as in the case of Edmund Murray Ltd v BSP International Foundations Ltd it was held that it was not fair and reasonable for the party in breach to rely on an exclusion clause for failing to meet the specifications of the other party. Therefore this again will be subject to the reasonableness test where the test applied to the whole term and to the particular reliance on it. Therefore if it is a specific term of the contract to be finished by the certain date and made clear by The customer and XYZ did this as it was then it is very likely it can be excluded because it is a trade standard. Finally, if one considers the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if the term does not create an unfair balance in detriment to the consumer it can be upheld. Yet as this does create an unfair balance and puts the customer at a loss then they will be protected from the exclusion clause as a consumer, even though she is acting for her business. However are the circumst ances of this variation sufficient enough for the customer to claim? If the swimming pool was properly marked the work would have been finished within the time period would variation to the contract be acceptable? Therefore is there a reasonable excuse for the variation and did both the customer and XYZ have equal bargaining power? The first question to ask is whether the circumstances that lead to the variation of the contract would have frustrated the contract, if the variation is perfectly acceptable as long as the customer was not put under duress to accept the new terms. Bibliography J. Beatson (1998) Anson’s Law of Contract 27th Edition, Oxford University Press Buyer (The), 2002, Aspects of Frustration, Buyer 24(12) Groves,   2004, Force Majeure,   Bus Ad 2.10 (2) David Kelly, Ann Holmes Ruth Hayward (2002) Business Law 4th Edition, Cavendish Lunney Oliphant, 2000, Tort Law: Text Materials, Oxford Uni Press Ewan McIntyre, (2004) Business Law, Longman

Sandvik AB :: Essays Papers

Sandvik AB Sandvik AB began operations as a small steel company in Sandviken, Sweden. The company, originally known as Goransson Hogbo Stal & Jernwerks, recognized early on the important role creating innovative techniques and products played in being successful. To this day, Sandvik maintains a firm commitment to research as a means of gaining competitive advantage. Unfortunately, competing with other innovative industrial firms in a small country like Sweden provides limited growth opportunities. The local environment made Sandvik realize growth would only be achievable through foreign market development. So over the next century Sandvik would expand to become one of the largest materials technology engineering companies on the globe. Sandvik’s expansion was facilitated through a strategy of unrelated diversification predicated upon innovation. Technologies, such as cemented carbide fueled, product development and gave rise to new business areas. Such advances, coupled with a strong emphasis on internationalization, drove growth for a long time. However, growth slowed during the 1970s and into the 1980s. Much of the growth achieved during this period was a result of acquisitions. Prior to the 1984 reorganization, Sandvik’s organizational structure consisted of divisions where managers had to report to both divisional management and functional management at the parent company. For a company known for its innovations, this reporting relationship created enormous bureaucratic waste and costs, as well as delayed decision-making. However, in 1983 the company established a decentralized structure, creating six business areas, two service companies, and three regional companies. Coromant emerged as the highest return business in the portfolio. Amongst the other business areas it served as a model for best practices and process innovation. Despite the success of his major initiatives, the current CEO, Clas Ake Hedstrom, is still looking for ways to further integrate and produce synergies amongst Sandvik’s business areas. Integration has already occurred or is being studied in human resources, marketing, and information technology. However, disagreement exists amongst managers over the amount and level at which integration is needed. Employees are also concerned about a return to centralized decision-making and loss of autonomy over their business area. Finally, it is still unclear how the cost, fit and significance of further integration may impact business area needs. The uncertainty surrounding these issues makes the whole idea of integration to create synergies questionable.

Analysis of three sun articles on the execution of Robert Harris Essay

These three articles printed in the sun newspaper in 1992,approach the execution of Robert Harris in very different ways . The articles have chosen to cover different parts of the Robert Harris case. Article 1 is focused on the way Robert Harris died and the T. V reporter Michael tuck giving a graphic description of the execution and the build up to it . The second article is about he nuns including Mother Teresa who tried to turn the decision around so Harris’s life could be spared. Article three gives a description of where and how the victims were murdered and what how the parents felt and thought of Harris’s execution. The first article explains and describes what happened to Robert Harris. It starts with a detailed description of Harris’s execution. † Gurgled and gasped as cyanide gas choked the life from him†. This has been written as the second sentence to give an immediate impact of disgust and it plays with your emotions and it makes you more interested and you want to read on. Once the writer has got the readers attention, he then goes to the lead up to the execution. The first article is very against the death penalty as when it talks about the execution was reprieved twice before he was finally gassed, the article tries to make you feel sorry for Harris. Michael Tuck describes the execution as â€Å"grisly† â€Å"and† not a humane way to die† and in this he is confirming that he is against the anti-death penalty. Alternatively, article three is not against the anti-death penalty. It starts off with Harris’s victims parents, giving there opinion on Harris’s execution. One of the victims farther said ‘ I have no time for do-gooders who says that he should be spared look what he did to my son’. † Am I supposed to erase the memory, the pain of that†. This is trying to make you feel sorry for the parents of the victims and it is trying to persuade the reader that capital punishment is good. Article two is set out in a bold headline, which reads â€Å"NUN’S MERCY BID† and under the headline is a small paragraph. It mentions Mother Teresa Name to give a sort of good feeling to the article because Mother Teresa well know personality of being warm, nice and a gentle person and it says that she appealed to a California governor Pete Wilson to spare Harris’s life this sort of makes you feel that if Mother Teresa is trying to safe his life then she must be doing the right thing and Harris’s life should be spared. It says in the article that there were loads of anti-death sentence campaigners who urged for the killer not to be killed. This is a fact that many people wanted Harris to live and theres evidence of Mother Teresa point of view. Theres a couple of lines in this article that say that â€Å"Harris had alcoholic parents and he was fifth of nine children terrorised by there farther†. His lawyers said that he may have been brain damaged by a beating at the age of two†. This could make the reader feel sorry for Harris and its not fair for Harris to be killed in this way but there no evidence that the article is true. The visual presentation in the articles plays a very important role. In article one, theres a big picture above the article of two chairs where Harris was probably killed I think that this picture is trying to make you feel sorry for Harris as the picture makes you feel a sort of horrific sense of dying and displays a horrible looking setting in where people are chained to chairs and then are choked with gas and then killed. Beside the picture is â€Å"TV man watches Harris in gas chamber†. This is very emotive language and makes the article more dramatic. In article two there is a photo of a man I think its Harris but it could be a different number of people maybe Michael Tuck watching the execution or is it Harris himself its good as it lets the reader speculate. All three articles are made up of fact an opinion. Article one is mainly made up of opinion it is nearly all Michael Tuck telling the readers what he thought. He said â€Å"But IF you ask me this is not a clean and humane way to die† This is Michael Tuck expressing his opinions on the execution. Article two has got a bit of opinion He said â€Å"he may have been brain damaged by a beating at the age of two† The words â€Å"may have† means that not necessarily true. The only fact in this article is that Mother Teresa fought with other campaigners to spare Harris’s life. Article three appears to be a balance of fact and opinion. The first half of the article is mainly opinion. Theres the victims parents saying what they think about Harris’s execution. â€Å"They were out for a fun day fishing when they were executed by this beast†. It is the parent’s opinion that Harris is a â€Å"Beast†. The second half of the article seems to tell more fact, it says how the victims were killed, for the first time across the three articles. But after telling the story theres still opinions added. † The grinning Harris calmly ate the boys hamburgers†. There is know way that anyone could of none this so this must be opinion. In conclusion all articles have different stories, which all connect together, but as you can see Harris was an evil man as he shot two innocent boys dead for no reason at all. Language used in these articles is effective and ahs been used well to give you a clear picture of how Harris died and how he killed two innocent teenagers. People tried to save him but it didn’t work. When all three articles are read separately they create a biased opinion on Harris execution, but when read together you have a balanced account of Harris case.

Welcome to Ap Art History

WELCOME TO AP ART HISTORY!!! Greetings AP Art History Student! Welcome to your course! My name is Mrs. Crosier and I’m thrilled to have you as a student to work together to help you earn free college credit! An Advanced Placement (AP) course with FLVS is a rigorous, college-level learning experience. AP courses require a high level of commitment and are an opportunity to earn college credit based on a qualifying score on a national AP exam.A student should only be enrolled in an FLVS AP course if he/she plans to both prepare for and take the national AP exam in May, 2013. In fact, no AP credit will be issued until after May 2013 ( with the exception of students attending a public school in Leon, Dade, Broward, Palm Beach or Okeechobee County), once you have completed the course AND participated in the national AP Exam. To ensure this is clearly understood, you AND your parent must sign and date this document and return it to me.This form must be returned to me in order for you to move beyond your Grace Period. Again, it is vital to understand we WILL NOT issue your final grade until AFTER the AP Exam in May, 2013 and ALL Coursework is completed by May 1. Verification forms for exam participation will be distributed to students in January, 2013. If you do not plan to take the AP exam, please let me know immediately. You will begin this two semester course starting with artworks from prehistoric times to the 21st century.You can begin working in your course but you will not be activated until I meet and speak with you and your parent/guardian on the phone for a â€Å"welcome call. † This will be a brief 5-10 minute call to meet and review the welcome PowerPoint you viewed. If, however, you are no longer interested in taking this course online, please call or email me [email  protected] net and let me know and I will withdraw you without any consequence or penalty. For a brief, interactive orientation, please visit (Please be sure to copy and paste the link into a browser): http://www. lvs. net/quickstart I am available daily from 8-8. Please go to the appointment scheduler located under my name in the course or call me at 386-454-0325. In the event, I am with another student, please leave a message and I will return your call. I look forward to speaking to you and your parent or guardian and to having you as part of this class. We’re going to have a great Learning experience together! Mrs. Martha Crosier AP Art History Instructor Phone: 386-454-0325 (8-8) Email: [email  protected] net AP Exam Policy Acknowledgement and AP Credit PolicyWe acknowledge that I am required to take the May, 2013 AP Exam for this course AND will only at that time receive AP credit if I successfully complete the course and submit the signed Exam Verification form. I further acknowledge all work and exams for the course are due May 1, 2013. Student’s printed name: _____________________________________________ Student signature: ______ _______________________________________ Date ________________________ Parent/Guardian signature: _____________________________________________ Date ________________________

Gilded Ag

The changes that occurred in the Gilded Age led to shaping American into the superpower and well respected international country that it is recognized as today. The most important changes were the discovery of uses of copper, the assembly line production technique and the completion of the first transcontinental railroad. The uses of copper that were introduced during the Gilded Age allowed the development of necessities of life as we know it in the United States today. Because of its ability to transmit electricity and sound, it is used in telephone and telegraph systems and electric lighting technologies that were developed and introduced during the Gilded Age. It is almost impossible to imagine what our present day lives would be like without telephones, computers and other electronic devices that evolved from the inventions that developed from the discovery of uses of copper during this great period. Henry Fords use of the assembly line in manufacturing the first cars in large numbers would survive and evolve to being one of the most efficient techniques of manufacturing otherwise complex and time-consuming products. The assembly line, which is still in use in many factories today, would cut the time of production and would also cut down the skills necessary to build and manufacture products. Before the assembly line, for example, a product would be crafted by a skilled person who possessed the knowledge of making the product. It would take a long time to manufacture because the manufacturing would be done alone or by a few workers. The assembly line would have a line of workers who would do just one function of the manufacturing process. For example, one worker would only put on a tire and thats what that one worker would do all day long. The assembly line would, in turn, require only laborers, instead of skilled workers, to be used on the assembly