Boy Scouts of America vs. Dale essays

Boy Scouts of America vs. Dale essays Boy Scouts of America et al. v. Dale No. 99-699 Argued April 26, 200- Decided June 28, 2000 In order to explain this court case and why it is so important, it is necessary to look at the history behind it. In July of 1990 James Dale an assistant scoutmaster, and Boy Scout since age eight, was informed that his adult membership to the Boy Scouts of America had been revoked. He was working with Troop 73 in New Jersey in addition to attending Rutgers University. This revocation was a direct result of his involvement with the Rutgers University Lesbian/ Gay alliance, after Dales words of support and representation for this group were published in a newspaper in early June of 1990. The case as it was argued had one main concern. Lawyers for the Scouts told the court that the Boy Scouts, as a private organization like churches or other religious groups, has the constitutional protection to dictate the standards for its leaders and members. But the lawyer for James Dale, the former Scout leader, says the Boy Scouts is a public accommodation group with large support from governmental agencies, and as such cannot discriminate on the basis of a person's sexual orientation. "When the Boy Scouts says 'We are open to all, all means all, and all means both gay and straight," said Dale's lawyer, Evan Wolfson. Dale sued, and after a lengthy legal battle the New Jersey Supreme Court agreed that the Boy Scouts had violated the state's anti-discrimination law. After this judgment, the Boy Scouts of America decided to take this case to the US Supreme court on grounds of the majority placed the Scouts' First Amendment right to express their "moral" rejection of homosexuality over New Jersey's Law Against Discrimination. The majority opinion concluded that forcing the Scouts to accept a gay leader placed an unconstitutional burden on the organization's "expressive purpose." In its arguments, the Boy Scouts of America claimed that being...

Contract Law Coursework Example | Topics and Well Written Essays - 2000 words

Contract Law - Coursework Example Under normal circumstances, one party’s document will have different terms from the other party’s terms thereby begging the question: whose terms governs the contract? This is what leads to what is termed as the â€Å"battle of forms.† Such a case was explored by Lord Denning in Butler V. Ex-Cell-O3. In case there is a battle of forms in any transaction, a contract is assumed to have taken effect as soon as the last of the forms is sent and received without any issue or objection being taken to it. Nevertheless, a difficulty arises when it comes to deciding which form or part of the form is a term or a condition with regard to the contract in question. Under some cases, the battle is won by the party that fires the last shot. This is the general rule under the battle of forms4. The last shot rule provides that no contract comes into existence as long as an offer and acceptance does not match. Under such a situation, each party’s reference to its own genera l conditions is taken as a rejection of the other party’s offer, thereby treated as a counter offer. It is only if one party to the contract accepts the other party’s offer, plus all the conditions prescribed in it that a contract is deemed to have been formed. The terms of the contract in this case refer to those of the party who has managed to ‘fire the last shot.’ In most cases under the battle of forms cases, this becomes the seller5. For instance, by sending the seller a purchase order by making reference to its general conditions, the buyer makes an offer under his personal standard terms. Then, by making reference to his/her own standard terms in the reply the seller makes a counteroffer and consequently rejects the buyer’s terms. The buyer is implied to have accepted this offer through acceptance of its delivery. This was evident in the case between British Road Services V. Crutchley6 . In this case, the court held that Crutchley’s co unter offer, which was not objected to by the British Road Services, was valid and, as such, carried the day7. From the case, it is evident that the victory was for the party that fired the last shot. It is worth noting that despite this being the general rule under battle of forms, certain exceptions exist. An exception comes where the victory goes to the party that gets in the blow first. For instance, where one party offers to sell at an express price based on the stated terms on the back and the buyer happens to order the same commodities implying to having accepted the offer on the order form with his own different terms on the back. If the difference happens to be so material to the extent that it may affect the initial price quoted, then the buyer is not supposed to be allowed to take advantage of this difference, not unless he/she notifies the seller regarding the difference. Such was the case between Butler V. Ex-Cell-O8. In the case between Butler V. Ex-Cell-O, it was the sellers who fired the first shot since they expressly made it clear that the contract was to be made only on their terms. Lord Denning alludes that in such a case, the seller should win the battle. Nevertheless, according to the ruling of the case by the court of appeal, the issue at hand was the question of who made the offer against the party that accepted it. As such, since the seller made the offer but the buyer later made a counter offer, which was accepted by the seller by raising no abjection, the buyer carried the day9. Application under

The Gap Inc. as a major retailer of wearing apparel and accessories Case Study

The Gap Inc. as a major retailer of wearing apparel and accessories - Case Study Example Gap is in the fashion industry and must continually compete on the basis of brand desirability. Brand name equity is Gap's greatest asset. However, the recent economic downturn has had, and will continue to have, a negative impact on Gap's ability to generate revenue. Gap is a luxury apparel item and would be one of the first to be reduced in a consumer's budget. In 2007, Gap closed several Forth and Towne stores after test marketing did not meet with customer acceptance (We Are Gap Inc. ). In addition, protectionist attitudes in the US, and the coming election, may alter the trade agreements that have benefited Gap's manufacturing and distribution strategies. The industry environment is best analyzed by using Michael Porter's five forces. New entrants into the fashion apparel industry are faced with the ease of entry, and the difficulty of marketing. Globalization has made it easier for international brands to compete via the Internet or established distribution networks. According to Formisano, "As more countries develop around the world, more competitors are created, which fuels more competition for market share" (58).

Why School Should Start Later Essay Example for Free

Why School Should Start Later Essay Dont you hate waking up early in the morning? During the school year, students wake up early to get ready for school. In my opinion, its not practical for students to begin classes before 8:00 AM. I feel that schools should start an hour later, resulting in better attendances, grades and attitudes. Its a proven fact that teenagers need between 8 ? and 9 hours of sleep each night. Its also a proven fact that only 15 % of teenagers get the sleep that they need. Can you believe that more than 25 % of teenagers sleep less than seven hours a night? Are you one of those teenagers? Well, part of the reason why this is happening is because school starts so early in the morning. If school hours were changed, teenagers would be much healthier and feel better. If school started later, teenagers will have a longer time to sleep and time to prepare for school. A later start would mean that students would not be late to school as often as they have more time to wake up and get ready for school. The concentration levels of the students would increase as they have had the chance to prepare themselves for the day ahead. If concentration is improved then the rise in grades will increase. It will be more productive for schools and it would also give teachers more time to prepare for classes and the day ahead before the students arrive. Furthermore, school officials are always complaining that so many of their students are constantly tardy to school. They even have a policy in our school that states, if you are tardy five times to a certain class you have to stay an hour after school sitting in detention. Out of the many reasons students receive an office detention for being tardy; its usually due to their first period class. They dont get to school on time because they oversleep, so if these school officials dont like students being tardy, why dont they consider having school start later? Additionally, the first two periods seem like a waste. Students arent learning to their full potential, and as a result arent getting the grades they are capable of. Over 20 % of all high school students fall asleep in school at one time or another. Its hard to learn while youre sleeping. Also, part of the reason why students dont get enough sleep is because they are up late studying. You cant expect students to come home from school, study, eat dinner, do their homework and then go to bed right away. Teenagers need to watch TV, talk to their friends, and run errands after school. We arent machines; we need fun in our lives. With an extra hour of sleep, we will be refreshed and ready to learn for our first couple of classes. While many people say that if schools started an hour later, kids would just be staying up longer and goofing off, theyre wrong. Having that extra hour, students could have time to relax and wouldnt feel as rushed to do everything they have to do. So whats the problem? There is none. School officials need to stop making excuses against this. In a nutshell, I believe all schools including ours should adopt this schedule of beginning the school day an hour later. With an extra hour of sleep, students would have better attendance, better grades, and a better attitude towards school. What is the use of trying to teach kids that cant learn? Sending kids to school before they have had ample time to wake up will only result in them not learning to their full potential.

War in Owens Dulce et Decorum est and Sassoons Base Details Essay

War in Owen's Dulce et Decorum est and Sassoon's Base Details  Ã‚     Ã‚  Ã‚   World War I brought about a revolution in the ideas of the masses. No longer would people of warring nations apathetically back their governments and armies. A concerted and public effort on the part of a literary circle turned soldiers attacked government propaganda. Questioning the glories of war and the need for nationalism, an 'anti-war' literary genre developed in the trenches of Europe during World War I. Gruesome imagery juxtaposed with daily events brought war to the pages of literature. Despite the formation of this new 'anti-war' literary genre, few popular poets chose to tackle the theme of war and its purpose. Of the few poets, only two, Siegfried Sassoon and Wilfred Owen, attempted in any sincere sense to convey reactions to war in the modernist style. Sassoon and Owen both write about the glorification of life and the detestability of war; however, while Owen's "Dulce et Decorum est" depicts the universal perception of war, Sassoon's "Base Details" more sub jectively intellectualizes war through his melodramatic efforts. Owen's objectivity creates an immortal image of war while Sassoon's subjectivity makes his works anachronistic. Sassoon's and Owen's backgrounds shed light on their respective styles as poets. Unlike Sassoon, Owen only posthumously achieved a level of stature in literature. Born in 1893,Wilfred Owen experienced an almost Dickensian childhood featuring a devout mother and "rough-hewn" father. Sent for his first year of education to a harshly disciplinarian academy, Owen learned to escape into the world of literature. He later joined the British army's 5th Battalion and within a few months, fought on the battle front. During ... ...bitter criticism of his prose today. Owen, as a modernist poet, has stylistically far surpassed Sassoon in the eyes of critics and readers. Works Cited Cohen, Joseph. "Thee roles of Siegfried Sassoon": Rpt. in Poetry Criticism. Ed. Jane Kosek. Vol. 12. Detroit: Gale Research Inc, 1995. 248-250. Magill, Frank. "Wilfred Owen": Rpt. in Critical Survey of poetry. Ed. Dedria Bryfonski. Vol. 5. New Jersey: Salem Press Inc, 1982. 2157 - 2163. Murry, John M. "Mr. Sassoon's War Verses.": Rpt. in Poetry Criticisms. Ed. R. Cobden. Vol. 12. Detroit: Gale Research Inc. 1997. 75-84. Murry, John M. "The Poet of War": Rpt. in Poetry Criticisms. Ed. Carol Gaffke. Vol. 19. Detroit: Gale Research Inc. 1997. 705-707. Parsons, I. M. "The Poems of Wilfred Owen": Rpt. in Poetry Criticisms. Ed. Carol Gaffke. Vol. 19. Detroit: Gale Research Inc. 1997. 658.       War in Owen's Dulce et Decorum est and Sassoon's Base Details Essay War in Owen's Dulce et Decorum est and Sassoon's Base Details  Ã‚     Ã‚  Ã‚   World War I brought about a revolution in the ideas of the masses. No longer would people of warring nations apathetically back their governments and armies. A concerted and public effort on the part of a literary circle turned soldiers attacked government propaganda. Questioning the glories of war and the need for nationalism, an 'anti-war' literary genre developed in the trenches of Europe during World War I. Gruesome imagery juxtaposed with daily events brought war to the pages of literature. Despite the formation of this new 'anti-war' literary genre, few popular poets chose to tackle the theme of war and its purpose. Of the few poets, only two, Siegfried Sassoon and Wilfred Owen, attempted in any sincere sense to convey reactions to war in the modernist style. Sassoon and Owen both write about the glorification of life and the detestability of war; however, while Owen's "Dulce et Decorum est" depicts the universal perception of war, Sassoon's "Base Details" more sub jectively intellectualizes war through his melodramatic efforts. Owen's objectivity creates an immortal image of war while Sassoon's subjectivity makes his works anachronistic. Sassoon's and Owen's backgrounds shed light on their respective styles as poets. Unlike Sassoon, Owen only posthumously achieved a level of stature in literature. Born in 1893,Wilfred Owen experienced an almost Dickensian childhood featuring a devout mother and "rough-hewn" father. Sent for his first year of education to a harshly disciplinarian academy, Owen learned to escape into the world of literature. He later joined the British army's 5th Battalion and within a few months, fought on the battle front. During ... ...bitter criticism of his prose today. Owen, as a modernist poet, has stylistically far surpassed Sassoon in the eyes of critics and readers. Works Cited Cohen, Joseph. "Thee roles of Siegfried Sassoon": Rpt. in Poetry Criticism. Ed. Jane Kosek. Vol. 12. Detroit: Gale Research Inc, 1995. 248-250. Magill, Frank. "Wilfred Owen": Rpt. in Critical Survey of poetry. Ed. Dedria Bryfonski. Vol. 5. New Jersey: Salem Press Inc, 1982. 2157 - 2163. Murry, John M. "Mr. Sassoon's War Verses.": Rpt. in Poetry Criticisms. Ed. R. Cobden. Vol. 12. Detroit: Gale Research Inc. 1997. 75-84. Murry, John M. "The Poet of War": Rpt. in Poetry Criticisms. Ed. Carol Gaffke. Vol. 19. Detroit: Gale Research Inc. 1997. 705-707. Parsons, I. M. "The Poems of Wilfred Owen": Rpt. in Poetry Criticisms. Ed. Carol Gaffke. Vol. 19. Detroit: Gale Research Inc. 1997. 658.      

Critique on Genetically Modifying Humans Essay

Richard Hayes has written about a topic that most of us have rarely heard about, but have probably seen in a movie once before. In the 1950’s, after Watson and Crick had discovered DNA structures, it was predicted that one day we would be able to genetically enhance our children. Since this prediction, scientists have been discovering specific genes that can alter such areas as: reduction of the risk of depression, potentially doubling life span, growing taller and so forth. Richard goes on to mention that the possibilities of genetic modifications are great, since there are 30,000 genes in the human genome. Mr Hayes sites these claims of genome bioengineering from science magazine articles, University scientific studies, and biotech pharmaceutical company reports. On the same breath, as he talks about all the miracles that can be accomplished by these high tech advancements, he describes the dark side of leveraging these breakthroughs. Richard worries about this technology only being used to prevent medical conditions and not for a hugely profitable cosmetic and enhancement consumer product. Once the first genetically modified child is born, it could lead to a chain of events that could never be undone or controlled. This new wave of bioengineered humans would no longer be playing by the rules of natural selection we all know. These new super humans could regard the non-genetically modified humans as inferior and see themselves as the masters. This potentially can lead the world into dark ages, where they would be the masters and everyone else, their slaves. Hayes certainly does make some bold claims, but most of which are backed by reputable scientific data. He references University of California studies, where it has been proven that genes are related to life span. When it comes to the potential for genome engineering, each of Hayes logical arguments is supported by a credible source. When it comes to genetically modifying â€Å"things†, we hear about it all the time. Now-a-days, we hear about the miracles of stem cell research, cloning your dog and genetically modified foods. What Hayes is speaking of sounds completely plausible. The next step after successfully bioengineering your food, would be to bioengineer your family pet, then your children. I would want a dog that doesn’t chew up my slippers, dig holes in my garden; or a child that was immune to disease and had a perfect memory. Wouldn’t you? This technology would have to be made available to every person on the planet. If it were not available to all, it probably would be misused, in a multitude of ways. I do think this is something we must do. We must keep progressing as a species, even if it means engineering ourselves. We could engineer our kids to be extremely intelligent, live twice as long and be immune to disease. How else are we going to explore the cosmos to discover a new planet to settle on? This article started off as an intriguing read and ended up in a dark twisted world, more like something you would see in a sci-fi movie. It is hard to say how things would exactly play out, if we allowed gene modification. Richard makes all sorts of assumptions about how the world would turn out if it is allowed. He talks about how it would be impossible to allow everyone access to this technology. A few years ago a team of academics gathered to try and figure out a way to make this possible. They determined that it would not be feasible to bring the new eugenic technologies to everyone. How do they know this to be? Once this technology is perfected and ready for mass production, it could be as cheap as an entry level cell phone these days.

Thanksgiving Day - Free Essay Example

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