Essay Ethics in Criminal Justice - 1263 Words

ETHICS IN CRIMINAL PROCEDURE AND CRIMINAL JUSTICE CRJ 306 – INTRODUCTION TO CRIMINAL LAW AND PROCEDURE KRISTA L. JONES PROFESSOR COURTNEY SEVERINO July 29, 2013 Ethics in Criminal Procedure and Criminal Justice Actions and inactions all have moral implications; they are either right or wrong depending on the individual and what s/he believes or feels is right or wrong. Each person’s conduct can and does have implications and ramifications. For every action there is an equal and/or opposite reaction not only for the average person but also for professionals; especially in the area of law enforcement, criminal justice, and criminal procedure. Just discussed is known as moral philosophy. Ethics can be defined in several ways.†¦show more content†¦Ã¢â‚¬Å"Human rights are argued to be the most promising basis for an ethically principled opposition to both excesses of punishment and an unduly instrumental understanding of penal practice† (Canton, 2009). Human rights are one of the most important issues when it comes to ethics in connection to punishing criminals or even misdemeanor offenders. Canton also states in his ar ticle, â€Å"Nonsense Upon Stilts? Human Rights, the Ethics of Punishment and the Values of Probation†, in the British Journal of Community Justice, that our rights as humans â€Å"are distinctively important in discussions of punishment† (Canton, 2009) and that every attempt should be made to distinguish which rights should be forfeited as punishment for committing a crime and which rights should be retained regardless of any offense and what the offense is. â€Å"Ethical issues regarding corruption and off-duty behavior have become an increasing challenge in criminal justice† (Writing, 1999-2013). Within the criminal justice system, ethics can be complicated by the moral implications of actions. Differences in cultures and different circumstances can affect the individual moral compass. However, all departments of criminal justice operate by a certain code of ethics and by certain standards. But those standards and ethics often become challenged due to iss ues relating to police brutality, off duty conduct and corruption that we hear about all of the time through the media. Before officiallyShow MoreRelatedCriminal Justice Ethics675 Words   |  3 Pagesyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnm CRIMINAL JUSTICE ETHICS Ethical amp; Legal Issues in Professions 6/2/2013 Crystal Lynn Hunt | Criminal Justice Ethics After reviewing the tutorial on criminal justice ethics, my answer on the case would have to be Report the incident to your supervisor. I choose this answer for the following reasons: 1. Partner did not use prudenceRead MoreEthics in Criminal Justice3581 Words   |  15 Pages| |Ethics and Criminal Justice |Assess a Case Scenario to Foster a Culture of Ethics | | | | Faculty Use Only Running Head: CASE SCENARIO Assess a Case Scenario to Foster a Culture of E \LaChara S. Hill Northcentral University Ethics and Criminal Justice – CJ7011-8 Read MoreEthics in Criminal Justice1652 Words   |  7 PagesEthics in Criminal Justice Name Student Number Project Number March 18, 2012 Ethical Dilemma 1 In order to answer this scenario, I need to look at the underlying ethical system and the moral rules leading to my judgment. As in many scenarios, there are conflicting moral rules that could justify different judgments. While police officers are supposed to enforce laws, they are also primarily expected to protect life and property (Nakate, 2011). Public safety is the primary concern of policeRead MoreEthics And The Criminal Justice System961 Words   |  4 Pagescompass, our ethics. Personal ethics are applied to every aspect of life from daily interactions with others, to the work force, in every profession. This paper will define the use of ethics in the criminal justice system. As well as the difference between ethics in life and law, why the need for equal treatment of all people in the criminal justice system, and what safeguards are provided by the criminal procedure to ensure there are ethics in the criminal justice system. The term ethics has a moreRead MoreEthics in Criminal Justice Administration1433 Words   |  6 Pagesï » ¿ Ethics in Criminal Justice Administration CJA 484 Lori Madison Nowhere is ethical behavior more important than the administration of criminal justice. Lack of ethical behavior undermines the purpose of the criminal justice system. The cost of unethical behavior will be the downfall of the criminal justice system and only by gaining a true understanding of what ethical behavior is and how to maintain it will the system continue to flourish. While the ethical standard individualsRead MoreThe Necessity of Ethics in Criminal Justice2018 Words   |  9 PagesErazo Criminal Justice April 15, 2013 Prompt: Give an account of the role of ethics and its significance to the functions of the criminal justice system in America, and describe its impact on crime and social control. The Necessity of Ethics in Criminal Justice The role of ethics is important to the criminal justice system as well as the government because it helps maintains social control and crime control. Over time the role of ethics has adapted in every aspect of the criminal justice systemRead MoreEthics And The Criminal Justice System1805 Words   |  8 PagesWhat are ethics? How are ethics analyzed in the criminal justice system? The importance of ethics in the criminal justice system and society with be addressed. The meaning of ethics is defined as what is good for the individual and for the society in which he or she is serving and establishes the nature of obligation what is expected by the officer, correctional officer or judge within the court because each professional holds a very important duty to society which is protect and serve. Also, peopleRead MoreApplied Criminal Justice Ethics3146 Words   |  13 Pages Applied Criminal Justice Ethics This has to be one of my favorite assignments since becoming a student at Kaplan. I have been interested in the Criminal Justice since I was a small child. I come from a long line of military, however, my passion has always been Criminal Law. I remember even as a young girl in the 2nd grand, I had dreams and aspirations of becoming a lawyer. Now that I have an ex husband, and two children of my own and find the justice system a little â€Å"Leewayish†Read MoreEthics in Criminal Justice Administration Essay1533 Words   |  7 PagesEthics in Criminal Justice Administration Analysis Lisa Myatt CJA/484 David Mailloux July 30, 2012 Ethics and professional behavior are an important part of criminal justice administration. Ethics is referred to as what is right or wrong and your moral principles. Criminal justice administration are faced with ethical issues everyday and must deal with this ethical issues in a professional manner. The administration in criminal justice especially theRead MoreCriminal Justice: Ethics and Integrity676 Words   |  3 PagesEthics and integrity are important to a police chief or county sheriff in a number of ways. First, ethics and integrity assist a police chief or a county sheriff to recruit the best officers who can work in their departments. It is only through application of the principles of ethics and integrity that a police chief or a county sheriff can identify these qualities in the potential applicants, and use them in the recruitment process. Second, ethics and integrity are important to a police chief or

Art History Fauvism (ca 1898-1908)

Fauves! Wild beasts! Not exactly a flattering way to greet the first Modernists, but this was the critical reaction to a small group of painters exhibiting in the 1905 Salon dAutomme in Paris. Their eye-popping color choices had never before been seen, and to see them all hanging together in the same room was a shock to the system. The artists hadnt intended to shock anyone, they were simply experimenting, trying to capture a new way of seeing that involved pure, vivid colors. Some of the painters approached their attempts cerebrally while others consciously choose not to think at all, but the results were similar: blocks and dashes of colors not seen in nature, juxtaposed with other unnatural colors in a frenzy of emotion. This had to have been done by madmen, wild beasts, fauves! How Long Was the Movement? First, bear in mind that Fauvism wasnt technically a movement. It had no written guidelines or manifesto, no membership roster, and no exclusive group exhibitions. Fauvism is simply a word of periodization we use in place of: An assortment of painters who were loosely acquainted with one another, and experimented with color in roughly the same way at roughly the same time. That said, Fauvism was exceptionally brief. Starting with Henri Matisse (1869-1954), who worked independently, a few artists began to explore using planes of undiluted color around the turn of the century. Matisse, Maurice de Vlaminck (1876-1958), Andrà © Derain (1880-1954), Albert Marquet (1875-1947) and Henri Manguin (1875-1949) all exhibited in the Salon dAutomme in 1903 and 1904. No one really paid attention, though, until the Salon of 1905, when all of their works were hung together in the same room. It would be accurate to say that the Fauves heyday began in 1905, then. They picked up a few temporary devotees including Georges Braque (1882-1963), Othon Friesz (1879-1949) and Raoul Dufy (1877-1953), and were on the publics radar for two more years through 1907. However, the Fauves had already begun to drift in other directions at that point, and they were stone cold done by 1908. What Are the Key Characteristics of Fauvism? Color!  Nothing took precedence over color for the Fauves. Raw, pure color was not secondary to the composition, it defined the composition. For example, if the artist painted a red sky, the rest of the landscape had to follow suit. To maximize the effect of a red sky, he might choose lime green buildings, yellow water, orange sand, and royal blue boats. He might choose other, equally vivid colors. The one thing you can count on is that none of the Fauves ever went with realistically-colored scenery.Simplified Forms Perhaps this goes without saying but, because the Fauves eschewed normal painting techniques to delineate shapes, simple forms were a necessity.Ordinary Subject Matter  You may have noticed that the Fauves tended to paint landscapes or scenes of everyday life within landscapes. There is an easy explanation for this: landscapes are not fussy, they beg for large areas of color.Expressiveness Did you know that Fauvism is a type of Expressionism? Well, it is -- an early t ype, perhaps even the first type. Expressionism, that pouring forth of the artists emotions through heightened color and popping forms, is another word for passion at its most basic meaning. The Fauves were nothing if not passionate, were they? Influences of Fauvism Post-Impressionism was their primary influence, as the Fauves either knew personally or intimately knew the work of the Post-Impressionists. They incorporated the constructive color planes of Paul Cà ©zanne (1839-1906), the Symbolism and Cloisonnism of Paul Gauguin (1848-1903), and the pure, bright colors with which Vincent van Gogh (1853-1890) will forever remain associated. Additionally, Henri Matisse credited both Georges Seurat (1859-1891) and Paul Signac (1863-1935) for helping him discover his inner Wild Beast. Matisse painted with Signac -- a practitioner of Seurats Pointillism -- at Saint-Tropez in the summer of 1904. Not only did the light of the French Riviera rock Matisse on his heels, he was bowled over by Signacs technique in that light. Matisse worked feverishly to capture the color possibilities whirling in his head, making study after study and, ultimately, completing Luxe, Calme et Volupte in 1905. The painting was exhibited the following spring at the Salon des Independents, and we hail it now as the first true example of Fauvism. Movements Fauvism Influenced Fauvism had a large impact on other expressionistic movements, including its contemporary Die Brà ¼cke and the later Blaue Reiter. More importantly, the bold colorization of the Fauves was a formative influence on countless individual artists going forward: think of Max Beckmann, Oskar Kokoschka, Egon Schiele, George Baselitz, or any of the Abstract Expressionists to name just a few. Artists Associated with Fauvism Ben BennGeorges BraqueCharles CamoinAndrà © DerainKees van DongenRaoul DufyRoger de la FresnayeOthon FrieszHenri ManguinAlbert MarquetHenri MatisseJean PuyGeorges RouaultLouis ValtatMaurice de VlaminckMarguerite Thompson Zorach Sources Clement, Russell T. Les Fauves: A Sourcebook. Westport, CT: Greenwood Press, 1994.Elderfield, John. The Wild Beasts: Fauvism and Its Affinities. New York: The Museum of Modern Art, 1976.Flam, Jack. Matisse on Art revised ed. Berkeley: University of California Press, 1995.Leymarie, Jean. Fauves and Fauvism. New York: Skira, 1987.Whitfield, Sarah. Fauvism. New York: Thames Hudson, 1996.

Coyote Blue Chapter 18~19 Free Essays

CHAPTER 18 Shadowphobia Saturday morning Josh Spagnola was sleeping in and dreaming of putting shampoo into bunnies’ eyes when the Harley-Davidson crashed through his front door carrying a 270-pound, pissed-off, speed-crazed biker named Tinker. With the crash and thunder of the bike in his living room, Spagnola sat up in his nest of satin sheets thinking earthquake, listening for the sounds of his burglar alarms, which did not come. Spagnola’s house was wired six ways to stop an elegant picklock or spry cutpurse from entering by stealth, sneak, or cat’s-paw; he had, in fact, protected himself against someone exactly like himself. We will write a custom essay sample on Coyote Blue Chapter 18~19 or any similar topic only for you Order Now That anyone would break in on a battering ram of Milwaukee iron, in broad daylight, had never occurred to him. Tinker, on the other hand, took the words breaking and entering quite literally, and found entering a rather empty experience without substantial breaking. He carried on his belt a policeman’s riot baton, a blackjack, two hunting knives, and a set of brass knuckles. In a rare moment of sanity he had left his guns at home. His lawyer had advised against guns while on probation. Tinker had received an early-morning call from Lonnie Ray, one of his brothers in the Guild. â€Å"You want him dead?† Tinker had asked Lonnie. â€Å"No, just fuck him up. And don’t wear your colors. I don’t want any connection to me.† â€Å"Is he big?† Tinker had a deep-seated fear of someday meeting someone as large and violent as himself. â€Å"I don’t know. Just wait until I call. You’ll see the black Mercedes.† â€Å"You got it, bro,† Tinker said, and hung up. Tinker tried to wait for Lonnie’s call, but he’d been up all night cooking up a batch of methedrine in the Guild’s lab, and had lost his patience after sampling the product in order to take the edge off the case of beer he’d drunk. At daybreak his bloodlust got the better of him and he left. In the bedroom, hearing a Harley do burnouts on his Berber carpet, Spagnola finally realized that something was seriously wrong. He leapt from bed and began searching through a trail of clothes he had left last night on the way to bed with the Tuesday-Thursday-Saturday masseuse from the Cliffs. He remembered kicking his gun belt away from the bedroom door when he sent her home at midnight and scrambled to the door. He was bending to unholster the gun when Tinker kicked the door open, catching Spagnola square in the forehead, knocking him cold. Tinker looked down at the naked, unconscious little man and let out a sigh. The absence of terror was wildly unsatisfying for him. As a gesture of brotherhood to Lonnie he pulled the baton from his belt and with two vicious blows broke both of Spagnola’s legs, then he sulked out of the bedroom, mounted his bike, and rode to the Guild’s clubhouse to watch Saturday-morning cartoons. -=*=- Sam awoke to Yiffer yelling, â€Å"Get down! Don’t let them see you!† Sam looked around the room. Calliope and Grubb were gone. He got up and reached for his watch on the dresser while shouts and whispers continued from the living room. Six in the morning. It must have gone on all night: the shouting, the pounding, the babies crying. He was lucky to have slept at all. He dressed and walked into the living room. â€Å"Get down,† Yiffer said. â€Å"Don’t let them see you.† Sam dropped to a crouch in the doorway. Nina and Calliope were huddled under the front windows holding the babies. Yiffer was crouched by the door that led to the balcony. He rose up to peek out the window, then instantly dropped to cover. â€Å"What is it?† Sam said. â€Å"Is someone shooting?† Nina said, â€Å"No, it’s the garage sale people. Stay down.† â€Å"Good morning,† Calliope said. â€Å"Did you sleep well?† â€Å"Fine. Who are the garage sale people?† â€Å"They’re fucking predators,† Yiffer said. â€Å"They keep circling like sharks. Look.† Yiffer gestured to the window. Sam duck-walked to the window and peeked over the edge. Dodge Darts and Ford Escorts were cruising slowly by, stopping in front of the house, then moving slowly on. Nina said, â€Å"Yiffer put the ad in the paper for our yard sale with the wrong date. They’re all looking for us.† â€Å"Five of them have been to the door already,† Yiffer said. â€Å"Whatever you do, don’t answer it. They’ll tear us apart.† â€Å"Probably ten of them went to Lonnie’s door and left when he didn’t answer,† Calliope said. â€Å"What happened with Lonnie?† Sam said. Yiffer rose up and peeked out the window. â€Å"Christ! There’s a whole van full of them outside.† He dropped to a sitting position, his back to the door. To Sam he said, â€Å"Lonnie didn’t answer when I went down there last night. As soon as he heard me come back upstairs he got on his bike and left.† Nina said, â€Å"How long are they going to circle? I have to go to work today.† â€Å"They’re never going to leave,† Yiffer wailed hopelessly. â€Å"They’re going to just wait and pick us off one by one. We’re doomed. We’re doomed.† Nina slapped Yiffer across the face. â€Å"Get a grip.† Sam could think of only one thing, the cigarettes on the seat of his car. He had gone sixteen hours without a smoke and was feeling as if he would snap like Yiffer in a few minutes if he didn’t get some nicotine into his system. â€Å"I’m going out there,† he said. He felt like John Wayne – before the lung cancer. â€Å"No, dude. Don’t do it,† Yiffer pleaded. â€Å"I’m going.† Sam stood up and Yiffer covered his head as if expecting an explosion. Sam picked up Grubb’s plastic donut on wheels. â€Å"Can I borrow this?† â€Å"Sure,† Calliope said. â€Å"Are you coming back?† Sam paused for a minute, then smiled and took her hand. â€Å"Definitely,† he said. â€Å"I just need to take a shower and handle a few things. I’ll call you, okay?† Calliope nodded. â€Å"You’ll never see him alive again,† Yiffer whined. Nina looked up apologetically. â€Å"He had a lot to drink last night. I’m sorry if our fighting disturbed you.† â€Å"No problem,† Sam said. â€Å"Nice meeting you both.† He turned and walked through the kitchen and out the door. As he went down the steps, the van that Yiffer had spotted screeched to a halt in front of the duplex and a dozen gray-haired ladies piled out and rushed him. They met at the bottom of the steps. â€Å"Where’s the sale?† one said. â€Å"This is the right address. We checked it twice.† â€Å"Where’s the bargains? The ad said bargains.† Sam held the plastic donut up before them. â€Å"This is it, ladies. I’m sorry, but everything was gone but this when I got here. We were all too late. The quick and the dead, you know.† A collective moan came from the mob, then one shouted, â€Å"I’ll give you ten bucks for it!† â€Å"Twelve!† another shouted. â€Å"Twelve fifty.† Sam gestured for them to be quiet. â€Å"No, I need this,† he said solemnly. He hugged the donut to his chest. Their purpose gone, they milled around for a moment, then gradually wandered back to the van. Sam stood for a moment watching them. The other garage sale people who had been circling the block saw them leaving, and Sam could almost feel the disappointment settling into their collective consciousness as they broke pattern and drove off. â€Å"Great night,† Coyote said. Sam’s nerves had been so worn from the night and morning that he didn’t even jump at the voice by his ear. He looked over his shoulder to see Coyote in his black buckskins and a huge, white ten-gallon cowboy hat. â€Å"Nice hat,† Sam said. â€Å"I’m in disguise.† â€Å"Swell,† Sam said. â€Å"I can’t get rid of you, can I?† â€Å"Can you wipe off your shadow?† â€Å"That’s what I thought,†. Sam said. â€Å"Let’s go.† -=*=- The shogun of the Big Sky Samurai Golf Course and Hot Springs was worried. His name was Kiro Yashamoto. He was driving his wife and two children in a rented Jeep station wagon up a winding mountain road to look at an ancient Indian medicine wheel. The day before, Kiro had purchased two thousand acres of land (with hot springs and trout stream) near Livingston, Montana, for roughly the price he would have paid for a studio apartment in Tokyo. The deal did not worry him; after the golf course and health club were built he would recoup his investment in a year from the droves of Japanese tourists who would come there. His children worried him. During this trip Kiro’s son, Tommy, who was fourteen, and his daughter, Michiko, who was twelve, had both decided that they wanted to attend American universities and live in the United States. Tommy wanted to run General Motors and Michiko wanted to be a patent attorney. As he drove, Kiro listened to his children discussing their plans in English; they paused only when Kiro pointed out some natural wonder, at which time they would dutifully acknowledge the interruption before returning to their conversation. It had been the same at the Custer Battlefield, the Grand Canyon, and even Disneyland, where the children marveled at the machinations of commerce and missed those of magic. My children are monsters, Kiro thought. And I am responsible. Perhaps if I had read them the haikus of Basho when they were little instead of that American manifesto of high-pressure sales, Green Eggs and Ham†¦ Kiro steered the jeep around a long gradual curve that rounded the peak of the mountain and the medicine wheel came into view: huge stones formed spokes almost two hundred feet long. In the center of the wheel a tattered figure lay prostrate in the dirt. â€Å"Look, father,† Michiko said. â€Å"They have hired an Indian to take tickets and he has fallen asleep on the job.† Kiro got out of the Jeep and walked cautiously toward the center of the wheel. He’d learned a lesson in caution when Tommy had nearly been trampled in Yellowstone National Park while trying to videotape a herd of buffalo. Tommy and Michiko ran to their father’s side while Mrs. Yashamoto stayed in the car and checked off the medicine wheel on the itinerary and maps. Tommy panned the camcorder as he walked. â€Å"It’s just rocks, Father.† â€Å"So is the Zen garden at Kyoto just rocks.† â€Å"But you could make a wheel of rocks at your golf course and people wouldn’t have to drive up here to see them. You could hire a Japanese to take tickets so you wouldn’t lose revenue.† They reached the Indian and Tommy put the camcorder on the macro setting for a close-up. â€Å"Look, he has fallen asleep with his face on the ground.† Kiro bent and felt the Indian’s neck for a pulse. â€Å"Michiko, bring water from the Jeep. Tommy, put down that camera and help me turn this man over. He is sick.† They turned the Indian over and cradled his head on Kiro’s rolled-up jacket. He found a beaded wallet in the Indian’s overalls and handed it to Tommy. â€Å"Look for medical information.† Michiko returned with a bottle of Evian water and handed it to her father. â€Å"Mother says that we should leave him here and go get help. She is worried about a lawsuit for improper care.† Kiro waved his daughter away and held the water to the Indian’s lips. â€Å"This man will not live if we leave him now.† Tommy pulled a square of paper from the beaded wallet. He unfolded it and his face lit up. â€Å"Father, this Indian has a personal letter from Lee Iacocca, the president of Chrysler.† â€Å"Tommy, please look for medical information.† â€Å"His name is Pokey Medicine Wing. Listen: ‘Dear Mr. Medicine Wing: ‘Thank you for your recent suggestion for the naming of our new line of light trucks. It is true that we have had great success with our Dakota line of trucks, as well as the Cherokee, Comanche, and Apache lines of our Jeep/Eagle division, but after investigation by our marketing department we have found that the word Crow has a negative connotation with the car-buying public. We also found that the word Absarokee was too difficult to pronounce and Children of the Large-Beaked Bird was too long and somewhat inappropriate for the name of a truck. ‘In answer to your question, we are not aware of any royalties paid to the Navaho tribe by the Mazda Corporation for the use of their name, and we do not pay royalties to the Comanche, Cherokee, or Apache tribes, as these words are registered trademarks of the Jeep Corporation. ‘While your proposed boycott of Chrysler products by the Crow tribe and other Native Americans saddens us deeply, research has determined that they do not represent a large enough demographic to affect our profits. ‘Please accept the enclosed blanket in thanks for bringing this matter to our attention. ‘Sincerely, Lee Iacocca ‘CEO, Chrysler Corporation. â€Å" Kiro said, â€Å"Tommy, put down the letter and help me sit him up so he can drink.† Tommy said, â€Å"If he knows Lee Iacocca he will be good to have as a contact, Father.† â€Å"Not if he dies.† â€Å"Oh, right.† Tommy dropped to his knees and helped Kiro lift Pokey to a sitting position. Kiro held the bottle to Pokey’s lips and the old man’s eyes opened as he drank. After a few swallows he pushed the bottle away and looked up at Tommy. â€Å"I burned the blanket,† he said. â€Å"Smallpox.† Then he passed out. CHAPTER 19 Five Faces of Coyote Blue Ever since the morning Adeline Eats had found the frost-covered liar in the grass behind Wiley’s Food and Gas there had been a screech owl sitting atop the power pole in front of her house, sitting there like feathered trouble. In addition, Black Cloud Follows had blown a water pump, all of her kids were coming down with the flu, her husband, Milo, had gone off to a peyote ceremony, and she was trying desperately to stay out of Hell. It was unfair, she thought, that her new faith was being tested before the paint was even dry. She wanted the owl to go away and take her bad luck with it. But to a good Christian, an owl was just an owl. Only a traditional Crow believed in the bad luck of owls. A good Christian would just go out there and shoo that old owl away. Of course, it wouldn’t bother a good Christian. Adeline had come to Christianity the same way she had come to sex and smoking: through peer pressure. Thinking about her six kids and her smoker’s hack, she wondered if perhaps peer pressure didn’t always lead to the best habits. Her sisters had all converted and they had referred to her as the heathen of the family until she caved in and accepted Christ. Now, only three weeks after being washed in the blood of the Lamb, she was already backsliding like a dog surprised down a skunk hole. The owl. Adeline looked out the front window to check on the owl; he was still there. Had he winked at her? She had pinned up her hair and was wearing sunglasses and a pair of Milo’s overalls, hoping the owl wouldn’t recognize her until she figured out what to do. She was tempted to pray to Jesus to make the owl go away, but if she did that, she would be admitting that she believed in the old ways and she’d go to Hell. There was no Hell in the old ways. Then again, she could load up Milo’s shotgun, walk out in the yard, and turn that old owl into pink mist. She couldn’t see herself doing that either – no telling what kind of trouble that would unleash. And she couldn’t wait for Milo and ask him for help: not after weeks of working on him to leave the Native American church and trade in his peyote buttons for wafers and wine. She ducked away from the window. One of the kids coughed in the other room. Eventually she was going to have to take them down to the clinic for treatment. But she was afraid to pass by the owl. According to the priest, God knew everything. The sunglasses and hairdo wouldn’t fool God. God knew she was afraid, so He knew she still had faith in the old ways, so she was going to Hell as sure as if she’d been out all morning worshiping golden calves and graven images. â€Å"I got bad medicine from being Crow,† she thought. â€Å"And I’m going to Hell for being Christian. I should have let that old liar Pokey freeze to death.† She slapped herself on the forehead. â€Å"Damn! Another Hell thought.† -=*=- A nun with an Uzi popped up on the parapet of Notre Dame like a ninja penguin. Coyote shot from the hip, winging her before she could fire. She tumbled over the side, bounced off a gargoyle, and splattered on the sidewalk below. A synthesized Gregorian chant began to play as her spirit rose to heaven, a steel ruler in hand. Coyote strafed a stained-glass window and took out a bazooka-wielding bishop for two thousand penance points. Sam walked into the bedroom, hair wet, a towel wrapped around his hips. â€Å"Nice shot,† Sam said. Coyote glanced up from the video game. â€Å"The red ones have killed me three times.† â€Å"Those are cardinals. You have to hit them twice to kill them. Wait until you get to the Vatican level. The pope has guilt-beam vision.† Before Coyote could look back to the screen the cathedral doors flew open and St. Patrick fired a wiggling salvo of heat-seeking vipers. â€Å"Hit your smart bomb,† Sam said. Coyote fumbled with the control, but was too late. A snake latched onto his leg and exploded. The screen flashed GAME OVER, and a synthesized voice instructed Coyote to â€Å"go to confession.† Coyote dropped the control onto the bed with a sigh. Sam said, â€Å"You did good. Gunning for Nuns is a hard game for beginners.† â€Å"I should have brought some cheating medicine. My cheating medicine never fails.† â€Å"This isn’t like the hand game. This is a game of skill.† â€Å"Who needs skill when you can have luck?† Sam shook his head and turned to go back to the bathroom. During the night something inside him had changed. Each time he thought things had reached a plateau of weirdness, something even weirder had happened. The result, he realized, was that he was now accepting anything that happened, no matter how weird, without resistance. Chaos was the new order in his life. The phone rang and Sam, hoping it was Calliope, grabbed the receiver off the vanity. â€Å"Samuel Hunter,† he said. â€Å"You low-life, scum-sucking shithead!† â€Å"Good morning to you too, Josh.† â€Å"You win, dickhead. There’ll be a meeting of the co-op association tonight. They’ll vote you back in. You can keep your apartment, but I want your guarantee that this is over.† â€Å"Okay.† â€Å"I hope you know I’ve lost all respect for you as a professional, Sam. The doctor says I’m going to walk with a limp for the rest of my life.† â€Å"There was a crooked man who had a crooked-â€Å" â€Å"You broke my legs! My house is destroyed.† Sam peeked into the bedroom where Coyote was attacking the Sistine Chapel with a helicopter gunship. â€Å"Josh, I don’t know what you’re talking about, but I’m glad you came to your senses.† â€Å"Fuck you. I’m using up years of collected dirt to get your apartment back.† â€Å"Townhouse,† Sam corrected. â€Å"Not apartment.† â€Å"Don’t fuck with me, Sam. I’m in a cast up to my nipples and a sadistic nurse has been force-feeding me green Jell-O for an hour. Just tell me it’s over.† â€Å"It’s over,† Sam said. The phone clicked. Sam walked back into the bedroom. â€Å"What did you do to Spagnola?† Coyote was rolling on the bed in exaggerated body English to tilt the gunship. â€Å"These birds are eating my tail rotor. I can’t control it.† â€Å"Uh-oh, St. Francis released the doves of death. You’re dead meat.† Sam took a cigarette from the pack on the dresser and offered one to Coyote. â€Å"What did you do to Spagnola?† â€Å"You said you wanted your old life back.† â€Å"So you broke Spagnola’s legs?† â€Å"It was a trick.† â€Å"You can’t just go around breaking people’s legs like some Mafioso fairy godmother.† The gunship spun out of control and crashed on the mezzanine. Coyote threw the joystick at the screen and turned to Sam. â€Å"How can I win if you keep talking to me? You whine like an old woman. I got you your house back!† â€Å"I wouldn’t have lost it if you had left me alone. Be logical.† â€Å"What gods do you know that are logical? Name two.† â€Å"Never mind,† Sam said. He went to the closet and pulled his clothing out for the day. Coyote said, â€Å"Do you have a light?† â€Å"No.† â€Å"No? After I stole fire from the sun and gave it to your people?† â€Å"Why, Coyote? Why did you do that?† Sam turned to point out the lighter on the dresser, but the trickster was gone. -=*=- Calliope’s upbringing in the Eastern religions, with their emphasis on living in the now – of acting, not thinking – had left her totally unprepared to do battle with the future. She’d tried to ignore it, even after Grubb was born, but it had become more and more difficult to function on karmic autopilot. Now, Sam had entered her life and she felt like she had something to lose. The future had a name. She wondered what she had done to manifest the curse of a nice guy. â€Å"It feels wonderful, but I want more,† Calliope said. â€Å"I don’t get it,† Nina said. They were cleaning up the kitchen. Grubb was scooting around on the linoleum at their feet, tasting the baseboards, a table leg, a slow-moving bug. â€Å"I’ve always felt separate from men, even during sex. It’s like there’s this part of me that watches them and I’m not really involved. But it wasn’t that way with Sam. It was like we were really together, no barriers. I wasn’t watching him, I was with him. When we were finished I lay there watching the pulse on his neck, and it was like we had gone to some other world together. I wanted more.† â€Å"So you’re saying you’re a hosebeast.† â€Å"Not like that. It was just that I want to feel that way all the time. I want my whole life to feel – complete.† â€Å"I’m sorry, Calliope, I don’t get it. I’m happy if Yiffer doesn’t pass out before we finish.† â€Å"I guess it’s not a sexual thing. It’s a spiritual thing. Like there’s a part of life that I can touch but I can’t live in.† â€Å"Maybe we just need to find a house where your ex doesn’t live downstairs.† â€Å"That was pretty awful. I couldn’t believe Sam didn’t just leave.† Nina threw a dish towel at Calliope and missed. â€Å"You had a little good luck for a change, accept it. Not every guy has to be a creep like Lonnie.† â€Å"I’m a little afraid to leave Grubb with him when I go to work today.† â€Å"Lonnie won’t hurt Grubb. He was just pissed that you were with someone else. Men are like that. Even when they don’t want you, they don’t want anyone else to have you.† â€Å"Nina, do you think there’s something wrong with me?† â€Å"No, you’re just not very good at worrying. You’ll get the hang of it.† -=*=- â€Å"I’ve got to get back to the house,† Lonnie said to Cheryl, who was pouring peroxide on his damaged chest. She wiped away the foam with a tissue, then poked the wound with a broken black fingernail. â€Å"Ouch! What are you doing, bitch?† Cheryl got up from the bed and pulled on a pair of leather pants. Lonnie could see her hipbones and shoulder blades pushing against her pale skin as if they would poke through any second. â€Å"You’re always thinking of her. Never me. What the hell is wrong with me?† She turned to face him and he stared at her breasts lying like flaps against her ribs. She pulled back her lips in a snarl and Lonnie knew his face had betrayed him. â€Å"Fucking asshole,† she said, pulling on a black Harley-Davidson T-shirt. â€Å"It’s not her, it’s the kid. He’s my kid. I have to watch him when she goes to work.† â€Å"Bullshit. Then why won’t you fuck me?† She tossed her head and her long black hair fell into her face like seaweed on the drowned. Because you look like you just escaped from fucking Auschwitz, Lonnie thought. He’d been with Cheryl for three months and had never seen her eat. As far as he could figure she lived on speed, come, and Pepsi. He said, â€Å"I worry about the kid.† â€Å"Then get custody. I can take care of him. I’d make a good mother.† â€Å"Right.† â€Å"You don’t think so? You think that vegetarian bitch is a better mother than me?† â€Å"No†¦Ã¢â‚¬  â€Å"You start treating me right or I’m gone.† Cheryl took a purse from the floor and began digging in it. â€Å"Where the fuck is my stash?† She threw the purse aside and stormed out of the room. Lonnie followed her, carrying the denim vest sporting the Guild’s colors. â€Å"I’ve got to go,† he said. Cheryl was dumping a bindle of white powder into a can of Pepsi. â€Å"Bring back some crank,† she said. As Lonnie walked out she added, â€Å"Tink called while you were sleeping. He said to tell you he took care of things.† Outside Lonnie fired up his Harley and pulled out into the street. Tinker’s news should have cheered him up, but it didn’t. He felt empty, like he needed to get fucked up. He always felt that way lately. At one time being a brother in the Guild, being accepted for who he was, had been enough. Having all the women and drugs and money and power he needed had been enough. But since Grubb was born he felt like he was supposed to be doing something, and he didn’t know what it was. Maybe the bitch is right, he thought. As long as the kid tied him to Calliope he was going to feel shitty. It was time to feel good again. -=*=- Frank Cochran, the cofounder of Motion Marine, Inc., had spent most of the morning in his office milling over the bane of his existence: the human factor. Frank loved organization, routine, and predictability. He liked his life to be linear, moving forward from event to event without the nasty backtracking caused by surprises. The human factor was his name for the variable of unpredictability that was added to the equation of life by human beings. Today, the human factor was represented by his partner, Jim Cable, who was in the hospital after being attacked by an Indian. Frank’s thinking went thus: If Jim dies there’ll be insurance hassles, legal battles with the family, and someone will have to comfort Jim’s mistress. But if Jim lives – maybe Jim’s mistress should be comforted anyway†¦. His train of thought was broken by the buzz of the intercom on his desk. â€Å"Mr. Cochran,† his secretary said, â€Å"there’s a man from NARC here to see you.† â€Å"I don’t have any appointments until after lunch, do I?† The office door burst open and Cochran looked up to see an Indian in black buckskins striding toward him. His secretary was shouting protests from her desk. Cochran spoke into the intercom, â€Å"Stella, do I have an appointment with this man?† â€Å"Native American Reform Coalition,† Coyote said. â€Å"I understand that some insurance agent is taking credit for what happened to your partner.† Cochran had a very bad feeling about this. â€Å"Look, I don’t know who you are, but I don’t like surprises.† â€Å"Then this is going to be a very bad day for you.† Coyote slammed the door behind him. â€Å"A very bad day.† The trickster extended his right hand. â€Å"Nice to meet you.† Cochran watched in horror as the Indian’s hand began to sprout fur and claws. How to cite Coyote Blue Chapter 18~19, Essay examples

Practical Treatise on Law of Partnership †MyAssignmenthelp.com

Question: Discuss about the Practical Treatise on Law of Partnership. Answer: Introduction: The partnership is built on the basic understanding of sharing responsibility and sticking to the general agreement that was created upon establishment of the association (Graw, 2011). Lance can be sued for breach of the partnership agreement. When lance buys the motor vehicle, he has a cap on the amount that he can be able to spend (Cracknell, 2004). There are three rules for liability in a partnership business. Every partner is liable for his or her own action undertaken separately ( Individual responsibility) Every partner is liable for the action taken by all other partners jointly( collective duty of care) Every partner is liable for the action of the business employees Lance will take individual responsibility for his action. In the partnership agreement, a partner can only spend a given amount of money that is authorized. Lance spent more which is contrary to the agreement. Although, Lynton does not know the terms and conditions of the partnership, so he goes ahead and sells the car. He is not guilty of these actions. This is a business where more than two people jointly own a property or a business as well as have a shared responsibility of managing the company. They share the income and the losses generated by the business according to the agreements on the partnership shares. Most partnerships between two people are shared on an equal basis. Incomes from the business are paid to partners who then have to claim it for the tax refunds. Partnership business does not have taxes on the profits and losses unlike in corporations (Underhill, 2013). Applying the law to the case study In the general partnership, the partners share the same managerial responsibility and workload equally. The profits and losses generated by the business are shared by the partners who are all actively involved in the business operations. The limited partnership is a completely different set up and structure. It allows outside investors to buy into the business but have a limited scope in terms of participation that is largely based on their contribution. It is complex and turns out to be a little bit hard in terms of decision making of the company (GOW, 2016). Thirdly, the joint partnership project is only focused on joint project undertaking that attract alliances and associations by multiple partners. If the joint project is successfully tabled and implemented, it will evolve to a general partnership or association. If the project is cancelled, it will lead to cancellation of the intended partnership. In this business Lance buys a new motor vehicle for the herbal products business. There are three partners in this business and Lynton, the car salesperson is not aware that Lance has a cap on the money that he can spend (Blackett-Ord Haren, n.d.). in a general partnership, partners are required to act in a prudent manner with regard to carrying out activities and business of the partnership. This is known as duty of care. The primary purpose of this is to make partners act reasonably, without any conflict of interest and in good faith when making business decisions for the partnership. Lance is therefore expected to make decisions that wont affect the business when transacting on behalf of other partners. Unlike corporations, which helps partners to join through responsibility, associations have shared and individual responsibilities (Goode, 2009). This means that all partners are responsible for their actions and are supported by the company, as are the actions of the other partners. In an partnership agreement, the terms and conditions of establishment of the herbal business product were set. It is in this partnership agreement that the remaining two partners will use to sue Lance. He is liable his individual actions. Losses arising from the transaction will be affected to Lances account. It is arguably correct to say that lance should have consulted the other partners on the best possible way of dealing with the issues. Although, the car will be used for business purposes, the partners may agree that he contravened the rules and regulations that guide the establishment of the partnership (Graw, 2011). Since a partnership involves people undertaking a common business for profit. In a general partnership, partners are fiduciaries to each other. This means that partners owe each other certain basic duties and also to the business. A partnership is one relationship that requires the partners to exercise honesty, fairness, good faith, loyalty and fairness. Therefor e, partners like Lance are expected to act for the benefit of all partners when transacting on behalf of the business. The highest standards of care are expected from a partner. Fiduciary duties, imposes on a partner that they should not take advantage of one another by concealment, misrepresentation, adverse pressure and threat relating to the partnership and its business. Lance has misrepresented as well as concealed information from Lynton about the limit placed on the amount that he can spend to purchase the car (Bradgate, White Llewelyn, 2012). Another of the fiduciary duties is the duty of full disclosure. A partner in a general partnership is expected to disclose fully to fellow partners any information relating to the business that could affect the partners interest in the business (Bradgate, White Llewelyn, 2012). This duty of disclosure is not owed only to partners but also to anyone who is in one way or another transacting with the partner on behalf of the business. For example, Lance would have disclosed to Lynton about the limit placed on the amount that he was to spend. The three rules of liability in a partnership are, That every partner is liable for their actions, a partner is liable for the actions of the other partner and every partner is liable for the action of employees (Boros Duns, 2013). Therefore, in general partnership each partner can incur liability for his own acts and omissions or acts of the other partners. A partner can sue another partner for settlement of the partnership general account and for dissolution of the partnership (Roth Kindler, 2013). Under the partnership Act, one of the partners can sue for dissolution of the firm if a partner consistently and deliberately commits breach of agreement relating to the firms management. Other grounds for dissolution are when a partner becomes insane and / or is incapable of performing his partnership duties. A court can only pass a decree if the conduct of the partner is deemed to be a calculated prejudice of the business. Lance has the duty of good faith and fair dealing, which begins when a partnership is being formed. This duty continues throughout the life of the business and extends to the point of complete settlement and dissolution of the partnership(Roth Kindler, 2013).. Even when there is a strain in relations between partners, all partners are expected to act in good faith and fair dealing. However, lance did not act in good faith when he ignored to disclose the limit that the partners had placed when buying the vehicle. This could eventually harm the business and relations between partners. Other partners should take action against Lance for going against what they had agreed in regards to how much should be spent for the vehicle. In this case The partners may not take the legal route, because lance has not consistently breached the agreement in other occasions. However, partners can draft a way of ensuring that there are consequences when one of the partners breaches an agreement in the partnership agreement. The partnership however can not be bound by this contract, because dissolution can only occur if the other partners establish that Lance has been consistently breaching the agreements made by the partners (Reddy Canavan, n.d.). He however, should pay back the money exceeded during the purchase of the car. One of the legal issues that arises from the above case is that there is misrepresentation. Misrepresentation is the process of giving consumers false information about the use of a product during adverting. The moisturizing product does not actually slow the effects of ageing and this is misrepresentation of a product. This is known as product liability. On the other hand the legal issue is whether Saqlaim the refugee has been taken advantage of by the partners when they sell to him the car(Goode, 2009). The principle in use here is known as uberrimae fidae. This is a minimum standard that requires the seller and the buyer in a transaction to act honestly towards each other and not withhold or mislead critical information about the product from each other. This principle is also known as Utmost good faith. Xiaojing should notify the consumers on the actual uses of the moisturizer, and also on the other hand the partners should not take advantage of Saqlaim(the refugee) little knowledge of English to sell to him a car. This is unethical. In the case of Xiaojing, false information is telling the consumers that the moisturizer will slow the effect of ageing. Since a false statement must be one of fact, consumers who are aware of the fact that the moisturizer has been misrepresented and has got no effect on ageing can sue Xiaojing for the loss incurred when they purchased the product. According to the law, sellers are not supposed to misrepresent their products in order to make people buy the product(Graw, 2011).. On the other hand, Saqlaim cannot sue the partners who sold for him the car. If the car was not defective and all the partners had agreed on selling it, then there is no liability on part of partners. The fact that Saqlaim has little knowledge of English cannot be used in a court of law to make a case that Lance took advantage of him when selling the car. The principle of willing buyer willing seller applies here(Goode, 2009).. Xiaojing can be sued by the consumers and any contract that he has with other companies can be rescinded as a result of misrepresentation of a product. On the other hand, Saqlaim is bound by the contract because he entered into the contract willingly. He cannot sue for any loss. The legal issue in this case is the non-payment of services provided by Felix to Xiaojing. Although a casual laborer, Felix is entitled to his wages at the end of services rendered. This case also borders on business ethics and laws(Goode, 2009). The concept of ethics in business relates to the goodness and badness or the righteousness or wrongness of an action in relation to identifiable external behavior. The society determines what is wrong and what is right. However, there is a legal problem in this case because there is no contract between Felix and Ms. Xiaojing. It is important that the ethical issues in this case be addressed. There was no contract between the two and it would be hard to sue or seek any legal redress if the work was not signed under a contract. Laws in employment require that everybody upholds common legal ethics in business and in hiring. Non-compliance and non-obedience of the laws will only lead to legal issues as the society has set standards for which the to seek legal redress(Graw, 2011). Conclusion In conclusion, Felix cannot seek legal redress as he cannot authentically produce a contract under which he was legally hired. In this case, ethical issues arise where it is only right ethically for the employer to pay him. References Blackett-Ord, M., Haren, S.Partnership law. Boros, E., Duns, J. (2013).Corporate Law. Melbourne: OUPANZ. Bradgate, R., White, F., Llewelyn, M. (2012).Commercial law. Oxford: University Press. Commercial law. (2006). London. Cracknell, D. (2004).Commercial law. London: Old Bailey. Goode, R. (2009).Commercial law. London: Butterworths. GOW, N. (2016).PRACTICAL TREATISE ON THE LAW OF PARTNERSHIP. [S.l.]: FORGOTTEN BOOKS. Graw, S. (2011).An outline of the law of partnership. Rozelle, N.S.W.: Thomson Reuters (Professional) Australia Limited. Reddy, J., Canavan, R.Q A commercial law. Roth, G., Kindler, P. (2013).The spirit of corporate law. Oxford, United Kingdom: Hart. Underhill, A. (2013).Principles of the law of partnership. Miami, FL: Hardpress Pub.