Rhetorical Analysis Essay Assignment Example | Topics and Well Written Essays - 750 words

Rhetorical Analysis Essay - Assignment Example Richard Cohen, in his article â€Å"The Dangers of Labeling Terrorism† brings out various perceptions about the role of US in Islam states conflicts. This paper shall present a rhetoric analysis of Cohen’s article. Global conflicts are seen to be closely tied to religion and balance of power politics. Based on the consistency of outcomes, the author argues that there is little logic in all US involvement in foreign conflicts. He sees no need for US to continue with a trend, which does not bring positive results. For instance, he cites all the countries like Syria, Iraq and Afghanistan as some of the countries that have not realized peace despite to US intervention. In fact, in such places, the US could have reasoned logically to let those countries managed their affairs without any interference. Cohen also feels that the fact that US’s intervention in Iraqi affairs to save besieged Yazidis is another move that was not logically well thought out. He may be seen to take this position with the understanding that no other state should meddle with other countries’ political affairs (Cohen 1). In addition, he feels that Barack Obama’s position in the Islamic conflicts is logical. He argues that Obama does not see a blank cover of generalized criminal acts perpetrated by Muslim faithful as Islamic Terrorism. He notes that Obama is right to observe that terrorism by some Islamic states, which does not reflect true Islam, should not be generalized to the entire Muslim world. Religious scholars all over the world may support this claim. That is because many scholars have noted that the original Islam has been corrupted. This corruption, in many cases, has led to the lack of tolerance. Besides that, the corrupted Islam has led the emergence of radical sects within Islam. Thus, the author rightly maintains that Obama’s position is logical, as it does not

What does Intel's presentation of their financial information tell you Essay - 1

What does Intel's presentation of their financial information tell you about how they use financial information in decision making - Essay Example The information technology industry in 2006 generated approximately $3 trillion, a figure that is expected to increase to $4 trillion by 2009 (Plunkett Research, 2008). Such a profitable market attracts many new firms into a very competitive industry with thousands of companies competing for market share. Countries such as India have created economic models for growth based on the exporting of information technology into markets such as the US, Europe and Canada. It is very in this industry for a company to generate revenues based on a projects which represents revenue generating contracts of IT services. The Ansoff matrix is a strategic marketing tool which could very useful for IT managers. The first payoff of the matrix position (1,1) is know as a market penetration strategy. The market penetration strategy is a strategic move to seek greater market share of an existing product a firm offers. In the 1990’s the IT firm which was the most successful at achieving market penetr ation in its main product offering was Microsoft Corporation which was able to achieve a market penetration of above 90% for a prolonged period of time. The market penetration strategy can be exploited by the IT manager in companies whose product offering is above the competition offering, the company has many competitive advantages over the rest of the players in the industry including good economic resources to pay for the high advertising expenses and other marketing initiatives required to successfully implement a market penetration strategy. The second position of the Ansoff Matrix (1,2) is called product development. This strategy is based on an IT manager developing a product in an existing market. Such a strategy can be extremely profitable. Microsoft Corporation is currently in the last stages of product development for a new product called IPTV which is broadcasting channels similar to those

The Cases Of A Judicial Precedent

The Cases Of A Judicial Precedent Judicial precedent can be explained as where past decisions of judges are followed in future cases when the facts of the cases are similar. Therefore the legal definition of Judicial precedent can be stated as a courts judgment quoted as a power for choosing a comparable set of facts; a case which provides authority for the legal principle launched in its judgment. It refers to the way in which the law is made and amended through the decisions of judges as there is no particular set of binding rules. The judicial precedents doctrine is based on the principle called stare decisis to stand upon decisions and by which precedents are commanding and compulsory and must be practiced. This means that lower courts are bound to apply the legal principles set by superior courts in earlier cases. This provides balance and certainty in the law. A precedent is always based upon the two factors the ratio decidendi which means a reason for the decision and obiter dictum which means something said by the way and also, the decisions made in the previous relevant cases. The ratio decidendi of a case is the important part of establishing precedents that binds inferior courts in the hierarchy. When a judge makes his judgement in a case, he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and reaches at a decision, for which he gives the reason (ratio decidendi). Whereas obiter dictum is a decision given by a judge that has only incidental bearing on the case in question and is therefore not binding in later cases. The decision of the judge may vary according to the facts of the case and is not strictly relevant to the matter in the issue in the original case. The ratio decidendi is the binding part of a judicial decision whereas an obiter dictum isnt. However, an obiter dictum may be of persuasive (as opposed to binding) authority in later cases. Even if any difficulty arises, the judge will give reasons for his decision, however he will not always tell what the ratio decidendi of case is, and it is then up to a later judge to figure out (elicit) the ratio of the case. However, there may be disagreement over what the ratio is and there may be more than one ratio. Thus, it is not always easy to differentiate ratio decidendi from obiter dictum when assessing the effects of a particular decision; however, when judicial precedent is used, the judge follows or takes the reference of a decision made in a similar past cases that has already been judged upon and he is ruling the same way using the other case as a guideline. Thus, law reporting, hierarchy of courts and a method of distinguishing between obiter dicta ratio decidendi are considered to be the key features of judicial precedent. The general rule of the precedent is that all courts are bound to follow decisions made by their superior courts and appellate courts are usually bound by their own previous decisions. However, certain of the superior courts think themselves as bound by their own verdicts whilst others do not.. Until 1966 The House of Lords was bound by its own previous decisions when Lord Gardiner LC announced a change of practice. The Practice Statement [1966] 1 WLR 1234 stated that even though the House of Lords would treat its decisions as normally binding, it would move off from these when it appeared right to do so. A judgment of the House of Lords ties all lower courts but does not consider itself as strictly bound by its past decisions, for eg, in Murphy v Brentwood District Council (1990) the House overruled its previous decision in Anns v London Borough of Merton (1978) on the matter of a local authoritys legal responsibility in negligence to prospect purchasers of property. The Court of Appeal is bound by decisions of the House of Lords although it considers them to be wrong. However in Young v Bristol Aeroplane Co Ltd [1944] KB 718, the Court of Appeal held that it was bound by its own previous decisions subject to the following three exceptions: i. If there is conflict between own previous decisions, the Court of Appeal must decide which is to be followed or rejected. ii. The Court of Appeal must not follow its own decision which cannot stand with a decision of the House of Lords even if its decision hasnt been expressly overruled by the House of Lords. iii. The Court of Appeal need not to follow its own decision if satisfied that it was given per incuriam (literally, by carelessness or mistake). The High Court and the county courts are bound by the decisions of the court of appeal. Principally there is no difference in the application of stare decisis in the civil and criminal divisions of the Court of Appeal. In practice, because a persons liberty may be at risk, precedent is not followed as strictly in the criminal division however judges tend to follow the decisions of the high court for the sake of certainty. For example R v Taylor [1950] 2 KB 368. The High Court is bound by the decisions of Court of Appeal and the House of Lords however it is not bound by other High Court decisions. The county courts are bound by the decisions of individual high courts. House of Lords and the Court of Appeal binds Divisional Court and normally follows a previous decision of another Divisional Court but if they believe that the previous decision was wrong, they may depart. For eg. R v Greater Manchester Coroner, ex parte Tal [1985] QB 67. The Crown Court judgments are not binding, though they are of persuasive authority. Therefore, Crown Court judges are not obliged to follow them. The decisions made by the judges of county courts and magistrates courts are not binding. Judicial precedent is one of the most important source of English law. An original precedent created and applied a new rule whereas the later decisions, of the higher courts, can have a number of effects upon precedents. Particularly they may be: Reversed: where on appeal in the same case, the decision is reversed and the appeal court substitute its own decision. Overruled: Overruling can occur if the previous court fail to apply law correctly, or because the later court considers that the rule of law contained in the previous ratio decidendi is no longer required, then a higher court can overrule a decision made in an earlier case by a lower court. For example, the Court of Appeal can overrule a past High Court decision. A refusal to follow: the court may refuse to follow the earlier decision especially when it is not bound by the decision or cannot overrule it but doesnt wish to follow it. Distinguished: Judges use distinguishing as a tool to avoid following a earlier decision which they would otherwise be bound to follow. It helps to keep judicial precedent and the law flexible. Where a judge founds that the material facts of the present case to be considerably different from the earlier case, then he may distinguish both the cases and refuse to follow previous decision. For eg. Merritt v Merritt (1971) and Balfour v Balfour (1919) Explained: a judge may seek to study or discuss a past decision before applying it or distinguishing it, thus the impact of the previous case is diverse in the circumstances of the current case. A decision which is reached per incuriam is one reached by carelessness or mistake, and can be avoided. For eg. Morelle v Wakeling [1955] 2 QB 379 However, this rule does not allow the Court of Appeal to ignore decisions of the House of Lords. There are three types of Precedent, Original, Binding and Persuasive and are used instead of statutory law in civil cases. Original Precedent is one where the point of law is absolutely new and has never been decided before, means a new case that has never been in trial, the decision then judge comes to will form a new precedent for subsequent cases which may be persuasive but not binding on the court. for eg. the cases heard regarding the 7th July 2005 London bombings were original precedent as the cases were never heard before a UK judge. Binding precedent is when a case involves a point of law, the lawyers for both sides will research past cases to try and find decisions that will help their clients win the case. A past decision is only binding if the decision is at the right level in the hierarchy and the facts of the second case are satisfactorily similar and also only the ratio decidendi of the earlier case is binding. A persuasive precedent is not completely binding on a court but may be applied. For eg. a. Decisions of English courts lower in the hierarchy. For eg, the House of Lords may follow a Court of Appeal decision, and the Court of appeal may follow a High Court decision, even though not strictly bound to do so. b. Decisions made by the Judicial Committee of the Privy Council. c. Decisions made in the courts in Scotland, Ireland, the Commonwealth (especially Australia, Canada and New Zealand), and the USA. These decisions are usually cited specially where there is a shortage or absolute lack of English authority on a point. d. Obiter dicta of English judges. Judicial precedent enables certainty in the law as its detailed. It helps in forecasting the decision only by looking at the existing precedents. The uniformity in the law enables to treat similar cases in the same way which in turn helps to give the system a sense of justice and to make the system acceptable to the public. However, it may lead to some difficulties in deciding what the ratio decidendi is, mainly when there are a number of reasons. As it is not a set of binding rules, the system limits the growth of the law and can create injustice in individual cases. Hundreds of cases are reported each year, making it hard to find the relevant precedent which should be followed and thus creates a confusion and becomes too complex with thousands of fine distinctions. If judicial precedent was a set of binding rules like statutory law it would have not been that flexible. Therefore from the above discussion, we can conclude that, it is crystal clear that the judicial precedent is based on the real facts and situations, unlike legislation or statutory laws where the law is created. Judicial precedent is practical in nature, and therefore it becomes more flexible. Thus we get number of ways to avoid precedents which allows the system to change and to adapt to new situations referring through a wealth of cases. Thus, judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.

Ethics/Legal/IEP Essay -- essays papers

Ethics/Legal/IEP Essay In the treatment of those individuals labeled as disabled, be it physically, mentally, or a combination thereof, we are faced with many challenging ethical questions. The first and foremost of these is, what is ultimately, â€Å"the right thing to do.† While we may or may not agree on the answer to this question, as well as those that follow, many advances have been made in our society to deal with disabled individuals in the most humane and ethical way possible. What is the right thing to do? Is there an ultimate resolution? In 1975, Public Law (PL) 94-142 was passed. This law has several parts, each pertaining to a different aspect of discrimination, or nondiscrimination, of disabled persons. This law was passed in hopes of avoiding not only the horrific scenarios found in Nazi propaganda films such as Selling Murder, but further to guarantee all disabled individuals a fair chance at life: to live to the fullest extent of their capabilities and fulfill their potentials. In the film, Selling Murder, Nazi officials convey to the public that disabled people are a threat to the world community, and that they are living a â€Å"life without existence.† It goes further and says that not only should those who are disabled be quarantined and banished from society, but for their own sake they should be sterilized, and ultimately killed. Labeling the mass deaths of disabled persons â€Å"mercy killings,† the film explains how they, the disabled, are unable to function as â€Å"real† human be ings, and that if they had the mental facilities to make the choice, they would choose death over such a menial existence. Showing gruesome photos of the severely physically disfigured, the propaganda seeks not only to convince, but to scare the masses into agreement. On the other hand, films such as Regular Lives demonstrate the ability of disabled individuals not only to survive, but to flourish and better their communities through their own efforts. It demonstrates the necessity to include disabled students in any and all ways possible in order to help them adapt to a social environment as normal as is possible. PL 94-142 states that all disabled students are guaranteed a FAPE (free and public education). With this comes the formulation of an IEP (individualized education plan). This grants students a goal guided objective list for their education. The ... ...ther teacher or administrator to explain evaluation results to those involved. Why does it matter? What is the relevance/necessity of making moral judgments when formulating a course of action? Disabled people have been discriminated through time. They have been played as Jesters for entertainment, banished as havens for evil spirits, and massacred simply for being different. They have been subject even to sterilization, seen as people unfit to breed. We are forced to ask ourselves- why then, does it matter? Hardman states on page 52, â€Å"Social justice and equality for all people should be of paramount importance in the design and delivery of all curricula.† Fair and equal treatment of disabled persons matters because they, like all other citizens of this country, are people. They are born in this country with the guarantee that they will be granted â€Å"life, liberty, and the pursuit of happiness.† With this in mind, it is our moral and ethical obligation to â€Å"hold these truths to be self evident, that all men are [indeed] created equal.† This country was founded on these beliefs, and as we continue our progress forward with laws such as PL 94-142, we support this creed.

My Favorite Player Essay

I have been an ardent admirer of a number of past and present athletes and sportsmen each of whom have won accolades for his outstanding skill in and grasp on a particular sport. They include renowned personalities from India and abroad who have outshone themselves in games and sports like boxing, diving, swimming, weightlifting, archery, badminton, cricket, hockey, tennis etc. Among the sportsmen who have impressed me a lot at one time or the other, the main names are of Mohammad Ali (Cassius Clay), Jaysuriya, Imran Khan, Nawab Pataudi, Sunl Gavaskar, Kapil Dev, Sachin Tendulkar, Prakash Padukone, Gopi Chand, P.T. Usha, Jaspal Rana, Capriati and Milkha Singh, also known as the Flying Singh. But the brightest star in the galaxy of all these famous names is Sachin Tendulkar, a present-day craze amongst the cricket lovers all over the world. He is an astonishing wizard of this highly popular game and has already got his name recorded amongst the four leading names of top batsmen. They are Sir Vivian Richards, Garfield Sobers, Graemen Pollock and, of course, Tendulkar. While on the field, he seems to be possessed by the All Powerful. Owing to his form, unusual game and great capacity to outmaneuver his opponents, his friends admire him in reverence; his rivals lose their guts and stamina at his sight; youngsters adore him and the elderly shower their blessings on him. Leaving his past record-breaking performances aside, we can mention his latest surprises at Centurion in South Africa for assuring his team the entry into the Super Six in the World Cup. With 98 off 75 at a terrific speed, he put India through to the Super Six and Pakistan out of the World Cup. The same day, he completed 12,000 runs in ODIs and became the first to make 1500 runs in the history of the World Cup. The Master Blaster tamed Akhtar in less than two over and left everyone speechless with his stunning assault. The happiest crowning moment in Sachin’s career was witnessed in Johannesburg, South Africa, on Sunday, March 23, 2003. It was the closing day of World Cup Jamboree, where the Master Blaster was given the prestigious the man of the tournament award. He had scored 673 runs at an average of 61.18 in the tournament, a new record aggregate, with one century and six 50s. Dr. Ali Bacher, Executive director of CWC 2003, had correctly remarked, â€Å"We wanted this to be the Best World Cup ever, and Sachin’s brilliant batting has helped the tournament captivate many millions of people around the cricketing world.† Sachin is a rare gem for his innumerable fans all over the world. He is one of the youngest players, is exceptionally smart and agile, is quick in his response and has unusual physical talents. He has outstanding balance, is highly competitive, has rare speed and is gifted with exceptional temperament. He has the desire to be the best and has unmatchable mental ability. He plays well against quality, pace and spins. His clashes with Shane Warne in Australia have provided some excellent theatre. His record in the past games is just superb which makes him a true champion in the world of cricket in the real sense.

Luxury Fashion Brand Essay

To be successful in India, it is both necessary to gauge the financial potential as well as the mindset of the Indian luxury consumer. This will help in bringing forth the right product offerings to the Indian consumer as well as targeting them better. There are conventional foundations for ensuring success of a brand and they are listed below in brief: * The brand must be â€Å"expansive† – Which means it should be full of innovation opportunities for the marketer and in terms of satisfying the different needs of the luxury consumer. * The brand must tell a story – One of the best ways for an organization to compete and distinguish yourself from the rest of the pack is to tell your brand story. The story should be so powerful that it should make customer act as the way you want. * The brand must be relevant to the consumers’ needs – Depending upon the mindset of the luxury class, it is necessary for a brand to satisfy those needs, whether they be for recognition or functional use etc. * The brand must align with consumers’ values – A brand that does not concur with the basic values of a consumer’s society has a small chance of succeeding because luxury items are identification for a luxury consumer. This makes it difficult for the consumer to adopt the brand in such cases. * The brand must perform – Irrespective of which category the brand belongs to, a performance assurance is a must for the brand. Based on the inputs given above as well as an understanding of the decision making process of the luxury consumer, we recommend the following paths for luxury marketers based on what Indian consumers really desire from their luxury brands, i. e. product brand, dealer/store brand and price/value relationship : (The price / value relationship has been accorded less focus since the Indian Consumer is at a phase when cost of luxury is secondary to its appeal / benefits) 1. Brand Me Affluent! – It is essential for marketers to ensure that the recognition value of their brands is always high so that it lends a sense of affluence to the consumer, which can only come if others around him / her perceive the brand to be a top-notch luxury brand. This can come from either being aligned with the most successful celebrities or being a part of elite events and promotions. 2. Nothing but the Best – This is a golden opportunity for the marketer to earn greater margins by adding customized value to his line of luxury goods. These added-value customized goods will ensure that the customer feels he has something more than just the ordinary range of luxury goods available. 3. Luxury is having the world at my fingertips – First! – A luxury marketer will not only have to be faster than his competitors in reaching out to the consumer, to gain a share of wallet but also continuously offer innovative products that serve to differentiate between the consumers. 4. â€Å"Ethnic Chic† – The Fusion of Local & Global goods – This point is connected to the strategy of a product being in line with the consumers’ values for it to be adopted. Apart from this, in the Indian context, ethnicity is also a fashion statement in many product categories. 5. You Think I’m Demanding? Next! – The marketer’s job should be a constant endeavor to offer newer luxury goods to the consumer, in sync with their needs. In addition to that, marketers will need to make sure that each and every single consumer has to be treated with a high-level of personalized attention, given the nature of the product and the consumer. Even minor Shortfalls in this case will have the consumer shifting their brand preferences to those marketers who can satisfy their needs better. 6. CANNIBALIZATION OF BRANDS – It thus becomes essential to ensure that successful celebrities are partnered with at the right time, thereby both eliminating chances of Competition as well as delivering the right aspirational / appeal message to the intended audience. Conclusion The starting point for identifying successful luxury brand strategies in India has been established by identifying certain salient aspects of luxury brands that remain constant as well as identifying the stage of mindset of the Indian consumer towards these brands. The focus is now towards ‘how soon’ luxury brands will enter the market to gain a first mover advantage, which is of significant importance in India. Apart from how soon, we primarily focus on ‘how will’ luxury brands cater to the mainly aspirational needs of the Indian consumer. A word of caution that goes for luxury marketers, irrespective of their brands and Geographical presence – The luxury consumer is always looking for newer ways to Satisfy his continuously changing needs. Hence, the need to keep a close tab through insightful research is of prime importance. As far as India is concerned, given the rapidly accelerating affluence of the Masses, the scenario is set to witness a boom. The ones who will be riding the Wave will be the ones who’ve kept their ears open to each and every word of their Each and every customer. After all, in the luxury business, no marketer can afford the luxury of treating its consumers as a loosely bunched segment.