Judgment on the Michael Beasley Civil Case

  

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Judgment on the Michael Beasley Civil Case

In the civil case of Michael Beasley against his former agent, several questions are raised concerning the case. One of the questions is whether the agent was in a legal capacity to enter into a contract with the player in Maryland. It is a requirement that sports agents should be licensed to operate under the laws of the state, that act to govern, regulate and protect student-athletes. In this case, the agent to Michael, Bell, had not acquired a license to act as an agent in Maryland (Yanda, 2011). This made him unviable for an agency contract in Maryland, which prompted the judge to declare that the contract was void. Without the license, he had no legal capacity to operate as an agent in the state, hence any contract concerning sports agency would not be valid. The judgment made by the judge was valid considering the contract was not enforceable legally (McDuffy, 2001).

The other question is whether the law of agency was breached when the agent was fired by the principle. Does a principle have the right to fire an agent anytime or is there a process to be followed? (U.S. Legal, 2010). Several factors need to be considered here, such as if there was a fixed contract supposed to end at a particular date. It was evident that there was a contract between the two parties in the KansasState where the agent was licensed to operate. However, it was not clear for what period the contract was supposed to last. In addition, the terms of the contract would need to be reviewed to find out whether the contract between them was explicitly stated or implied.

Another question that can be asked is whether there was any third party involved when the contract was terminated. In this case, we are not told of any third party that was affected by termination of the contract. However, despite the power to terminate the contract of agency, there are conditions under which a principle can terminate the agency without incurring any liability for breach of contract. Some of these conditions include dishonesty by the agent, untrustworthiness of the agent, if an agent is hindering proper accounting of the principle’s goods and if the agent uses the agency for private, self gain behind the consent of the principle. Other conditions under which there can be such termination are many. In our case, these conditions are not provided although it seems the agent acted well, and the contract did not have to be terminated (Twomey & Jennings, 2007).

In addition, before terminations, there is need for a notice if the agency’s end was not explicitly indicated. In this case, there was no notice, which should have been made before termination. However, considering there is no contract that existed between the two parties, Michael and Bell, there was no need of making any notice. No factors considered in a contract of agency including the above-mentioned can be applied to this case since no contract exists. The only contract that existed in this case between the principle and the agent was in Kansas before the principle came to Maryland. In Maryland, the agent had no authority to act as an agent to Michael.

In another case concerning Jason Paul Wood, he came across two baseball players in Miami and failed to register with the State of Florida and notify the university. This cost him a fine worth $2,500. The rules put in place are meant to protect the college athletes from losing their eligibility, as well as preventing their schools from getting in trouble with NCAA from the dealing of an agent (Zagier, 2010). Many of the states have set up laws regulating the practices of sports agents with students to ensure they are well protected. All sports agents in these states are required to have licenses with the state in order to practice agency in that area. Failure to which calls for punishment to the agents, and the students have their responsibility.

In the case of Michael and Bell, it is clear there was no contract in existence in Maryland between the two, and whether he had fired the agent or not, he was not permitted to operate in Maryland, which could have hindered the activities of the player. The judgment was fair that there was no valid contract (Masteralexis & Hums, 2011).

 

 

References

Masteralexis, & Hums, M. (2011). Principles and Practice of Sport Management. Sudbury, MA: Jones & Bartlett Publishers.

McDuffy, A.S. (2001). A Discussion of Legal Issues Affecting Big Chapters Prepared For the Officer Leadership Training Materials. National Legal Review Committee.

Twomey, D.P. & Jennings, M.M. (2007). Anderson‘s business law and the legal environment: standard volume. New York, NY: Cengage Learning.

U.S Legal. (2010). Duration and Termination of Agency. Retrieved from http://agency.uslegal.com/duration-and-termination-of-agency/

Yanda, S. (2011). Judge sides with Michael Beasley in case against former agent; Joel Bell says he will appeal. The Washington Post.

Zagier, A. S. (2010). Laws On Sports Agents Rarely Enforced. Retrieved from http://www.huffingtonpost.com/2010/08/17/laws-on-sports-agents-rar_n_685000.html

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Magical Realism

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Magical Realism

The term magical realism first applied to a school of painters. It finds its origins in the art world. This was in the 1920s. Later on writers adopted it for the description of fictional works in their stories. One of these authors was Gabriel Garcia Marquez. The term magical realism was first affiliated to writers from Latin America, and then it spread to describe the work of writers from different parts of the world. This term described the liberty that the artists had undertaken in their work. For the writers, it highlighted their swerve form the norm. They were free to use situations that were not so conventional. This freedom did not stem from desperation to entertain the readers. They were compelled to make a representation of all sides of reality. The authors added life to the world perceived to be unreal. Magical realism also represented the kind of techniques that these authors had come to master. They would engage a subject matter from the real world and fuse it with aspects of mythical and scary tales. The result would be a free wheeling narrative. The stories blurred the demarcation between what was real and what was not. The tales gave life to fantasies and lured their readers to believe them as a reality. Magical realism expands the normal world to accommodate the extraordinary phenomena. It expands the imagination of individuals to see possibility in the impossible.

The term has a string of controversies following behind it. Some believe that it was a term used by the white people to refer to the fictional tales from other races. This perspective has a racial connotation to it. The white people believed that tales that did not originate from them were rather fallacies. Others believe that magical realism is not a feasible term of literature. This is because they hold the idea that it waters down fiction that is held with high esteem in other works of literature. Other individuals view it as a term to give some credit to the Latin Americans. They view it as a regional trend. A great deal of people believe that the term has in the present time lost its meaning and is now ambiguous. Many believe it to be used in different contexts to realize different meanings. Others believe that magical realism is escapist. They say that magical realism is a form of literature that only entertains its readers. On the contrary, I believe that magical realism is serious literature work. It should be respected as much as the other genres of writing. Magical realism seeks to bring out the reality in the unreal.

Gabriel Garcia Marquez is a big contributor to magical realism. He uses magical realism to do away with the difference that exists between reality and fantasy. A good example is when in his short story, A Very Old Man with Enormous Wings, a heavenly being falls on Earth due to a storm. Angels falling on Earth is a rather unreal situation. A neighbor who happens to have witnessed the fall is anything but shocked. This goes to display how the author has mastered the ability to represent an unreal experience in a realistic way. Martinez then displays humanity in the angel. He depicts the being as being compassionate and full of mercy. The angel’s arrival brought healing and financial benefits to a poor family. This creates reality in what is deemed unreal. The angel’s ability to act humanly challenges the reader’s capacity to view angels as real beings.

Gabriel Garcia Marquez was born on March 6, 1927 in Colombia in 1928. He grew up in Colombia in a small town that he would later turn to a magical world. The town would be transformed to Macondo. He initially began studying law but this changed when he started working as a journalist. He made a living from selling newspapers. He has a vast collection of fictional works that have built on magical realism. He interacted with many authors from Latin America who later came to be known as the Latin American Boom. Their work was well known around the world. The earliest form of magical realism influenced the work of these authors. The authors of these works were, Argentine Jorge Luis Borges and Alejo Carpentier. These authors used the techniques of fantasy to bring the aspect of time as a maze. Gabriel Garcia Marquez’s early life was filled with numerous rumors of ghosts stories while at his maternal grandparents’ house. This had a large impact on his development of magical realism. He experienced a reality that was beyond the natural realm. A history of Colombia and his family helps in placing magical realism in a comprehensive context.

In the period of 19th century, Colombia went through a series of recurrent wars. This was in a bid to free them from the rule of Spain. These wars culminated in 1902 when Colombia lost a hundred thousand people. Marquez’s grandfather was one of those who fought in the war. This is how he, together with others who fought in the war, found immortalization in the tales of Marquez. He has featured such characters in his tales. Another incident that greatly influenced the work of Marquez was that of the atrocities faced by his fellow states men. Western imperialism had a toll on the people of Colombia. In 1928, workers took to the streets to protest against the inhuman treatment they were receiving. The ill treatment was form the American banana company that had monopolized the market in Colombia. The Conservative government then sent troops to quiet the masses. Unfortunately, hundreds of citizens were killed in the struggle between the troops and the citizens. This incident was later incorporated in one of Marquez books. The book is One Hundred Years of Solitude. It is understood that the realms of politics affected the development of magical realism.

 

The accounts in the book One Hundred Years of Solitude display defining aspects of magical realism. Some of these aspects are like those to do with time. In magical realism, time is not necessarily linear. The present can be presented as the past while the past can be presented as the present. Bowers points out other elements that are rather not conventional. He talks about unimaginable conditions like, “the death of those who are already dead” or “the life of watching over the living” (Bowers, 11). Another element is objectivity. When ideas are not rational, the thought of them being real is most of the times dismissed. An example would be emotions being able to end an individual’s life. This idea is easily deemed fantasy because the thought is not convincing. Marquez however presents it as a reality. Miracles are a common phenomenon in magical realism.

Magical realism narrates stories from the point of view of individuals who have experienced both our world and the world that many consider not to be objective. Magical realism simply brings out true life experiences of individuals. The problem only comes in when others do not identify with these experiences. Many will then term them as not being real. The existence of a concept, object or individual is not based on society identifying it. Gravity existed way before Isaac Newton discovered it. The existence of a ghost in a narration of magical realism represents the real world of an individual who has had encounters with ghosts. The aim of magical realism is to open up the minds of the readers to the possibility of what they view as not real to be reality. Magical realism does not compel anyone to believe in the stories that are being narrated. It instead gives the readers an opportunity to share in these experiences.

The book, Big Mama’s Funeral has had a large influence on the development of magical realism. The story uses fantasy to carry out its activism. The story is about the death of the ruler of Macondo the story has more to do with fiction than facts. In narrating the funeral, the author exaggerates a lot to bring out his freedom. The author also attacks the political system. Here he alludes to the political system in Colombia that was not effective in protecting its citizens. At the end of the story, the author leaves his readers in a maze. With the birth of a new era, after the death of the ruler, it is not clear whether change has actually taken place.

 

Work Cited

Bowers, Maggie A. Magic(al) Realism. London: Routledge, 2004. Print.

García, Márquez G, and Gregory Rabassa. Leaf Storm, and Other Stories. New York: Harper & Row, 1972. Print.

García, Márquez G.  “Big Mama’s Funeral.” Collected Stories. New York, NY: HarperPerennial. Print.

García, Márquez G. One Hundred Years of Solitude. New York: Harper & Row, 1970. Print.

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Letter

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Letter

The past year was full of problems for me. I got frustrated because I faced all sorts of issues. Some of them were social, academic and personal. I am an international student, and I do not have relatives in this country. I never had any close person or friend to confide in. It was hard for me to gather courage or be confident because I felt ashamed about myself. I wondered where I was wrong to deserve that kind of fate. I used to cry when overwhelmed with emotions. My classmates thought I was unsocial because I was always withdrawn from them. No lecturer noticed my sadness and for a long time.

In the month of May 13 2011, I got an academic probation at school. I had failed one quarter and several classes. My performance was so poor, and I could not concentrate because my grandmother was sick. I was scared and anxious because I did not know what would happen. She is the only one who was close to me when I was away from home. I could not help thinking she was going to die. I tried to take care of her, but my hopes were very little. As she lay on the hospital bed, I approached the doctor and asked her progress. They told me that they could not promise anything but hope for the best.

Back home, my parents were always at loggerheads. They quarreled and regularly fought. On May 25 2011, I had to fly home and check on them. My mother was always the victim when they got into a fight. She was battered by my father and suffered serious wounds. One time my father was arrested because of assaulting my mother, but he was not imprisoned. My mother pardoned him, and they went back home. However, this incident did not end the disagreements. I did not understand why they always fought. I later came to know that my father had abandoned his domestic responsibilities. It hurt my mother so much that is why she always confronted him. I advised my mother to sue him for specific performance. The court order would make him resume his responsibilities.

When I was still at home with my parents, I fell ill one day and went to see a doctor. It was in June 11 2011 when the doctor told me that I was pregnant. He had tested me and confirmed it. I felt scared and confused because I was not ready to become a parent. I called my boyfriend and informed him. He denied being responsible and claimed it could be another man’s baby. This reaction even made things worse for me. I suffered stress and depression because I could not talk to anyone about it. I was also naïve and very unprepared. I hoped to finish my education, get a job and later a family. I certainly would not afford a baby at that time.

In the month of July 21 2011, my grandmother had good news for us. Her doctor told me that she was recovering at a steady pace. Within a short time, she would fully recover and be discharged from the hospital. At least I felt some little peace filling my heart. I thought my grandmother would die, but she was going to recover. Back at home, my parents went to court, just as I had advised my mother. She was relieved when my father agreed to continue providing for the family. The fights stopped, and they reconciled. As I received this news from my mother, I was so happy and relieved. Suddenly, I felt an acute pain in my stomach. I could not just ignore it, so I went for a check up. The doctor told me that I had a miscarriage. I was honestly sad, but, on the other hand, it was a second chance for me.

From all those misfortunes, I learnt my lessons. I decided to go back to school with a positive attitude and improve my grades. There was nothing to be worried about any more. I had my family’s support and friends were willing to help. I would no longer involve myself in any sexual relationships until I am married. Irresponsible sex led me to pregnancy, and I would not let it happen again. I sought a counselor who counseled me, and I felt ready to move on with my life. Today, I have made so much progress in my life, and I intend to achieve more.

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The Introduction Grabbers

 

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The Introduction Grabbers

When delivering a speech the first impression the audience gets of the speaker is particularly crucial in determining their response to the speech. Hence, the introduction of any speech can be the dealmaker or deal breaker in effectively delivering the speech to the audience. When delivering a speech the speaker should start with an introduction before moving to the body of the speech. The introduction serves several purposes that ensure that the audience will pay attention to the speech. One purpose of the introduction is to capture the attention and interest of the audience and maintain this attention throughout the speech.

The second purpose is to reveal the main topic that is to be discussed in the speech. Hence, the introduction should have a clear mention of the main topic the speaker wants to talk about in the speech. The third purpose of an introduction in a speech is to establish the speaker’s credibility to the audience. The speaker states from what position or authority they are giving the speech so that the audience develops confidence in what the speaker has to say in the speech.

The fourth purpose the introduction serves is to establish the speaker’s goodwill depending on what stand the speaker takes concerning controversial topics (Lucas & Lucas, 2009).

The introduction enables the speaker to clarify any doubts and speculation that the audience may develop throughout the speech concerning the controversial topic the speaker is tackling in the speech. The fifth purpose that the introduction sets out to achieve is previewing through the body of the speech by giving an outline of the main points the speech covers. All these purposes are geared towards generating attention of the audience and retaining it throughout the speech. Hence, this paper will discuss the different ways of grabbing the attention of the audience applied in the introduction of a speech. My personal insight is that using an appropriate attention grabber in introducing a speech is the first way to conquer the attention of the audience and retain it throughout the speech.

The first introduction grabber is stating the importance of the topic to the audience in the introduction of the speech. This grabber is used when discussing issues whose importance may not be well understood by the audience. The grabber seeks ways of showing the significance of the topic to the audience through the statistics that exist concerning that topic (Best-Speech-Topics.com, 2012). Emphasizing the importance of the topic to be discussed in the introduction of the speech captures the attention of the audience since their mind is aroused and they want to know more about the topic. This grabber shows the audience that they too need to tackle the issue being discussed in the speech.

The second grabber is using startling remarks directed to the audience concerning the topic. The grabber uses questions directed to the audience about their own personal life that will leave them with many questions to be answered by listening to the speech. This grabber captures the attention of the audience who will concentrate or listen to the speech because it discusses issues that are close to them. The interest the grabber creates in the audience ensures that they listen to the speech attentively so that they do not miss any thing said which provides answers to their puzzles. The grabber employs intrigue to capture the audience’s attention.

The third grabber is relating the audience with the topic covered in the speech. This grabber causes the audience to be more interested in listening to the speech since it relates to them. The grabber captures the attention of the audience and keeps them hooked to the speech since the issue being discussed is something that applies to them occasionally. For the grabber to accomplish its purpose, the speaker needs to come up with a creative way of relating the topic to the audience in a general way so that it grabs the attention of all audiences despite their age, religion or gender.

The fourth introduction grabber is questioning the audience through leading questions or just one question (Gonzales, 2012). This grabber achieves its purpose if the speaker asks a question and gives the audience time to process it for a few moments before asking the next question. This makes the audience question themselves in a deeper way and keeps them attentive to hear more. The grabber also uses rhetorical questions to interest the audience. To keep the audience more interested the speaker can ask them a series of questions that will ensure that their full attention will be on the speaker. The questions should relate to the topic in the speech so that the audience does not get confused.

The fifth introduction grabber is arousing the audience curiosity using statements that increase their curiosity when each is mentioned. These statements get the attention of the audience since they build up on the suspense that keeps the audience attentive so as not to miss what the statements are leading into. This grabber keeps the audience speculating at the back of their mind and with each statement; the audience is more curios to know what is being referred to by all the addresses. This grabber captures the attention slowly with each statement the speaker makes, which guarantees that the audience does not suddenly lose their interest to the speech.

The sixth introduction grabber is the speaker starting the introduction with a quotation. This quotation generates interest among the audience who are curios to know the topic that is discussed in the speech. The quotation should be short and direct rather than long which will make the audience lose concentration. The quote used should relate to the topic of the speech to ensure that once the attention of the audience is captured it will be easier to retain. This grabber works effectively if the quote used contains humor and is bold enough to capture everyone’s attention

The seventh introduction grabber is introducing the speech with a story. In general, people love stories that are told in a dramatic, provocative and an amusing way. Stories create suspense that captures the audience’s attention; hence introducing the speech with a story is an effective grabber. However, the story should relate to the speech so as to avoid confusing the audience. For this grabber to work the speaker should work on the best way to tell the story, and the contents to tell. For a story to have a significant impact, the speaker must maintain eye contact with the audience, use appropriate tonal variation when telling the story and pause to give the audience a moment to absorb the story (Brody, 2010).

The eighth introduction grabber is the use of visual or audio equipments to demonstrate the details on the topic. This visual equipment includes power point, graphs or charts of statistics of the topic being discussed. The audio equipment is a recorded interview of people telling stories that relate to the topic over a cassette tape. This audio and video equipment captures the attention of the audience who are interested in listening or observing the presentation that the speaker is presenting before them.

The ninth grabber is starting the introduction by referring to the occasion where the speech is taking place. Mention the occasion will attract the attention of the audience who are curios to find out how the occasion is related to the topic of the speech. This grabber works particularly well if the significance of the occasion is emphasized in the introduction and related to the topic. The audience pays attention to the speech since it talks about the occasion they are attending.

 

Reference

Best-Speech-Topics.com. (2012). Speech Introductions. Retrieved from http://www.best-speech topics.com/speech-introductions.html

Brody, M. (2010). Capture an Audience’s Attention: Points on Posture, Eye, Contact and More. Retrieved from http://www.presentation-pointers.com/showarticle/articleid/17

Gonzales, H. (2012). How to Keep an Audience’s Attention. Retrieved From http://www.ehow.com/how_2308695_keep-audiences-attention.html

Lucas, S., & Lucas, S. (2009). Student workbook for The art of public speaking, tenth edition. Boston, MA: McGraw-Hill.

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Walden by Henry Thoreau

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Walden by Henry Thoreau

Walden is an exceptional book that attempts to relive the author’s two-year experience of living simple days in a cabin along the Walden Pond. The book is an expression of Henry Thoreau’s philosophy of how man can live a simple life by changing his perspective of life. He gives a vivid account of his two years and two months in Walden. He immersed himself in the wild with a bid to get a more objective outlook of life. The book is a representation of his philosophies of self-sufficiency and simple living. He out rightly explains that he does not desire to die and find that he was not living at all. The philosophies encouraged by Henry Thoreau will help us live for the important things in life. They will ensure that we actually have our eyes on the things that are worth living for.

Thoreau advocates for a life where individuals are self-driven. He questions why individuals should be quick to achieve success that has been defined by society. He argues that an individual can ‘step to the music that he hears’ regardless of how different it may appear from the norm. Teenagers today are socialized to believe that they should not think for themselves but rather fit into what is expected of them. Our core business is the mind. If we are deprived of forming and following our own opinions, we are being denied life. Today the levels of suicide among the youth have increased. A major contributing factor is pressure to pursue a line of career that does not suit the individuals. Many times the parents want to see their unachieved dreams realized in their children. If parents can give the children, the liberty to think for themselves, under supervised environments, the children will be able to unlock a lot of their potential.

Industrial revolution has led to a high growth for many nations’ economy today. Industries have provided employment opportunities for many. On top of this, the industries utilize indigenous resources endowed in their respective states. The benefits of industrialization cannot be disputed. Unfortunately, economic growth of a state is not synonymous to its development. The growth of industries is at times done at the expense of an individual’s development. The myths are that the returns of industrialization will eventually trickle down to the other sectors of the state subsequently causing overall development of a state. The industries many times take advantage of the poor hiring them for cheap labor. Thoreau advocates for an individual focusing on his development. He says that men build their own temples which are their bodies. Alongside industrial revolution, personal development should also be encouraged.

Henry Thoreau said that one must live in the present and propel themselves on every wave of life to realize their eternity in every moment they experience. The words of Henry Thoreau encourage us to cease each moment. He emphasizes on living in the present. Many teenagers at times let their past mistakes to weigh them down. Failed tests, wrong decisions, missed opportunities can at times be detrimental to our success. This will only happen if we give our past consent to blur our present and future. Focusing on the present will enable us to see room to work on our weakness. Ceasing each moment as it comes creates hope that past mistakes will only act as lessons and not hindrances for future success.

Although the viewpoints of Thoreau may seem extreme, they tend to hold the significance. They define that life is not lived until the virtues upheld by individuals are guarded and sought after. Though life is social, an individual should not lose himself in a bid to please others.

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Demonstrative communication paper

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Demonstrative communication paper

            Communication is described as the exchange of information from the sender to the recipient. However, it only occurs when the recipient has received the information, understands what it entails and responds accordingly. Communication can be carried out using audible words, signals, writing or behavior. Communication does not necessary have to be conducted verbally but can also include non-verbal means, written and visual. In the realm of verbal communication, oral and written forms of communication are mainly used at the verbal level whereas non-verbal communication mainly consists of facial expressions, body alignment, eye contact and the use of gestures (Cheesebro, O’Connor, & Rios, 2010).

Demonstrative communication mainly consists of non-verbal and unwritten forms of communication. This mode of communication involves the transmission and reception of wordless messages. It is mostly used as reinforcement to verbal communication. However, it can be used on its own and convey entire messages alone. For instance, saying hello is one of ways of communicating friendliness. In addition, a smile can be further used to interpret the friendliness of an individual. On the other hand, a firm handshake can also be used to communicate confidence in a job interview.

Effective communication is necessary and is determined by how accurate the message is relayed according to the way the recipient is able to understand. Ineffective communication therefore takes place when one is not able to communicate a certain message concisely. Demonstrative communication tends to be very effective in passing information since it mostly involves the use of actions as opposed to words. As the saying goes, actions speak louder than words. This shows that the mode tends to be highly effective as opposed to the use of words. For instance, it is highly effective to communicate friendliness using a simple smile as opposed to the use of words. When verbal and demonstrative forms of communications are incorporated simultaneously, the two must be in tandem; otherwise, the communication will be rendered ineffective.

The use of eye contact is a very crucial aspect of the communication process. Its use can demonstrate consideration, honesty or the lack of respect depending on the culture of the recipient. The lack of eye contact on the other hand can result into communication barriers creating the ineffectiveness of the communication process. Eye contact can further communicate an individual’s moods. The use of eye contact especially during speeches highly communicates the credibility of the message being conveyed.

Demonstrative communication also works in determining if the conveyor will get positive or negative feedback from the recipient.  This form of communication allows an individual to express his or her feelings. The presentation of an individual conveys a lot of information regarding the individual’s personality. For instance, when the sender uses a very loud tone to convey the message, this will mainly result into negative feedback from the recipient. The tone used by an individual is interpretative to the extent of expressing subtle but strong information concerning the sender’s true feelings. On the other hand, most of the bank managers usually adorn power suits on them to convey their dominance and ability to lead (Crowley, & Heyer, 2011).

The use of demonstrative communication is used both actively and passively. A person’s mode of dressing, hairstyle, tattoos etc. tend to convey a lot of information regarding the person without the knowledge or intent of the sender. Demonstrative communication faces many barriers since it is highly dependent on the culture of the recipient as opposed to that of the sender. Most of the communities regard eye contact to convey attentiveness and honesty whereas there is those that regard eye contact as an act of disrespect. In such instances, the sender faces much difficulty in conveying the intended information effectively.

 

References

Cheesebro, T., O’Connor, L., & Rios, F. (2010). Communicating in the workplace. Upper SaddleRiver, NJ: Prentice Hall.

Crowley, D. J., & Heyer, P. (2011). Communication in history: Technology, culture, society. Boston, MA: Allyn & Bacon/Pearson.

 

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Juvenile Crime Statistics Paper

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Juvenile Crime Statistics Paper

Many countries have established juvenile courts aimed at trying cases of young people involved in criminal offenses. Most juvenile courts are involved in trying young children below the age of 18.  Most of the juveniles brought before the courts or are arrested are accused of crimes such as  violent crimes, robbery, murder, forcible rape, simple assault cases, burglary, weapons law violations, aggravated assault, drug violation among many other offenses. These statistics provides a picture on how the crime rates are committed hence providing the authorities with information on how the same can be contained. This paper seeks to present juvenile crime statistics in the United States as reported in 2008.

When compared to 2007, in 2008 the law enforcements agencies in United States recorded a drop of 3% of its arrests (Puzzanchera, 2009, p. 1). In 2008 2.11 million juveniles under the age of 18 were arrested. The violence crime arrests also reduced by 2% overall which impacted to this continued decrease in arrests.  However, even with the decline, some crime rates have increased wile other declined with most of them being less than 10% (Puzzanchera, 2009, p. 1).

In US, drug offenses and simple assaults formed part of the offenses in which juveniles were charged. These two crimes arrests increased in 2008 among female and decreased among male. For instance, the female reported cases of simple assaults increased by 12% while drug violations /abuse reduced by 2% (Puzzanchera, 2009, p. 2). On the other hand, male reported a decrease in both the crimes. Male simple assaults offense reduced by 6% while drug abuse reduced by 8% (Crime in United States, 2008). In 2008 juvenile arrest for female accounted for 30% but there was an increase in some cases such as simple assault, DUI and larceny-theft with male experiencing a reduction.

The juvenile arrests in United States disproportionately involved minorities that live there.  The racial composition of juvenile in 2008 between the age of 10-17 was 16% black, 78% white, 5% Asian and 1% American Indian.  In the statistics of the juvenile arrested in United States  in 2008,  52% cases involved black juveniles, 47% whites, and 1 % both American Indian and Asian youth (Crime in United States, 2008). This statistic demonstrated that black and whites juveniles are highly involved in criminal offenses in America compared to other racial groups such as Indians.  The high rates of crimes by black are an issue that needs to be attended to urgently to find out where the problem is emanating.  The implication of this is that, these youths may grow up to become a nuisance to the society if no urgent corrections steps are taken. The government and all the stakeholders, have the prerogative of endeavoring to find amicable solutions to the continued increasing crime rates among black juveniles.

Arrests on juvenile females on grounds of violent crime index increased overall, by 10% compared to male which changed by 8% from 1999 to 2008. However, female arrests recorded an increase in robbery with 38% compared to male at 24% (Puzzanchera, 2009, p. 6). In overall, the juveniles accounted for 16% of all the crimes associated with violent crimes arrests in 2008. Among the violent crime related violence i.e. murder and non negligent manslaughter, robbery, forcible rape and aggravated assault, robbery is the only crime that recorded an increase in percentage in terms of arrest by 2% from 2007-2008 (US Department of Justice, 2009).  Female accounted for 17% of juvenile violent index arrests, 44% larceny theft-arrests and 36% of juvenile property crime index (US Department of Justice, 2009). In addition, in the eight violent crimes reported one involved a juvenile.

In measuring amount and trends of juvenile crimes, juvenile arrests statistics are most favored and prepared. Juvenile arrests statistics and clearance statistics helps to give a picture on how crimes are committed or distributed among the juveniles. However, despite this, they have some controversies and therefore require clear understanding to be able to make correct assumptions of how the juvenile crimes are spread. One of the issue that needs to be understood when tracking juvenile arrests using arrest statistics is to understand that this arrest does not report the number of individuals arrested or the number of crime committed but rather records the number of arrests that are made by the law enforcement agencies in a given year. This is because, a person may commit a series of crimes which may result to a single arrest while a single crime may result to more than one arrest. In juvenile case a single crime may result to many arrests as many juveniles may commit a common crime in a group. On other hand, a clearance arrest measures those crimes that have been cleared or closed. A single arrest may lead to many clearances. These are some of the issues that need to be understood to be able to measure the crimes committed more accurately.  Therefore, it is apparent that the statistics may not provide the correct measurement and trends of the juvenile crimes but estimations.

 

References

Crime in the United States reports for 2004 through 2008, Available online at        www.fbi.gov/ucr/ucr.htm#cius, released September 2009; population data

Puzzanchera, C. (2009). Juvenile Justice Bulletin: Juvenile Arrests 2008, US Department of          Justice.

US. Department of Justice, (2009). Office of Juvenile Justice and Delinquency Prevention.           Retrieved from www.ojjdp.ncjrs.gov/ojstatbb/crime/JAR.asp

 

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Martin Luther, To the Christian Nobility and Freedom of a Christian

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Martin Luther, To the Christian Nobility and Freedom of a Christian

Luther was one of the most respectable and notable theologians and a revolutionist in the reformation era. He therefore impacted on the thinking of religious.  However, he broke up from the doctrine of the church after seeing some hypocrisy in the structural problems of hierarchy that faced the church. The two letters “to the Christian Nobility” and “freedom of Christian” were written in 1520 and criticize hypocrisy in the church that led to his break out from the Catholic Church.

Luther break-off from the Catholic Church doctrine was compelled by the actions that the monks did. Their actions did not much what they preached to the congregation. In the open letter “To the Christian Nobility,” Luther shows his dissolution by saying,

Now it is oft times a knave, and even the devil himself, who rules this scrinium, and they boast that it is ruled by the Holy Spirit! Thus they deal with Christ’s unfortunate people.   They give them many laws and themselves keep none of them, but others they compel         either to keep them or else to buy release.

 

The will of pope has been turned into a canon law that people are required to follow. Luther was opposed to the idea of studying for degrees and theologies as opposed to the Bible. He says “the Bible come first, and is put aside when the bachelor’s degree is reached, and the Sentences come last.” The pope is the person who gives directives which according to him is contravening to the will of God.  He sees pope as being a hypocrite and urges people to follow the Holy Scripture. He says, “

“Hypocrites of the pope”! It is said that there is no better temporal rule anywhere than       among             the Turks, who have neither spiritual nor temporal law, but only their Koran; and         we must confess that there is no more shameful rule than among us, with our spiritual and     temporal law, so that there is no estate which lives according to the light of nature, still   less according to Holy Scripture.

Another reason that compelled Luther to break out of the catholic doctrine is monks and the family of theologians not preaching according to the Holy Scriptures but rather preaching their own opinions.  He says, “as we find among the theologians more of heathen and human opinion than of the holy and certain doctrine of Scripture.” Most of the bishops, priest and doctors do not go into theology because of divine intervention rather they are forced to preach which is against the word of God. He says, ‘True, they now try to force the Holy Ghost into pope, bishops and doctors, although there is no sign or indication whatever that He is in them.”

The number of reading materials that the theologians are exposed to is too huge to help them or guide them towards the scriptures of God.  He notes, “The much literature written by our forefathers has destructed the studying of the Holy Scriptures.” The monks and theologies are overburden which does not make sense. He says “we read them only to be absorbed in them and never come to the Scriptures”

Furthermore, Luther was objected to the vow of chastity of clergy.  The priests are living in despair as they wish to engage in matrimony or sexual practices to wear out their lust. The vows restrain them but many of them are not abiding by the vows. Therefore, according to Luther this is a hypocrisy that made him to move out of the Catholic Church.  He therefore agitated for priests to marry since they have a weakness or else they should not vow when they are below thirty years. He says, “Neither boy nor maid should take the vow of chastity, or of the “spiritual life,” before the age of thirty years”. Luther was of the opinion that only  people who have a calling from God should be the ones to be clergies. Therefore he says, “If you do not trust God to support you in the world, how will you trust him to support you in the Church? Alas, unbelief and distrust spoil everything and lead us into all misery, as we see in every estate of life!”

Luther was also no at same wavelength on how the Roman Catholic theological leaders acted. In the letter “The freedom of Christian, Luther addresses Bishop Leo and informs him on how they are corrupt and how they pretend to be servants of Lord.  He is not happy with the fact that Christians must accept their authority before they can qualify to be considered as priests. He is a person who believes that we are all equal in the eyes of God, and that nobody should be denied freedom as all of us are sinners. The coming of our lord Jesus and his death showed that we are sinners and by the grace of God we can be forgiveness. On this, Luther wrote, “They “pretend that you are lord of the world, allow no one to be considered a Christian unless he accepts your authority, and prate that you have power over heaven, hell and purgatory alike.” He further wrote to Leo stating, “tongue near cheek. Surely, you do not believe that you are an infallible interpreter of Scripture”

In conclusion, Luther break from the Roman Catholic Church was based on multiplicity of reasons. A recap of some of them; the doctrine of the church which gave a lot of power to clergy that mislead their followers, corruption, hypocrisy in the clergy, lack of goodwill to the followers, among many other reasons .Therefore, it is clear that the letters send a message to the clergy in the catholic church that over the century has remain a pivotal point of focus in the debate on reformation of church. Martin Luther therefore, is one of the pioneers in the reformation of the Roman Catholic Church and emergent of protestant.

 

Works Cited

Martin Luther. “To the Christian Nobility”

Martin Luther. “To Freedom of a Christian”

 

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Renegade Mali soldiers walk through ravage presidential palace after coup

Renegade Mali soldiers walk through ravage presidential palace after coup

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Summary of Renegade Mali soldiers walk through ravage presidential palace after coup

            The article is about the ousting of the Mali democratically elected President Amadou Toumani Toure that took place on March 21, 2012 (Umaro, 2012, para.2). The ousting of the president was motivated by the angered military rebels who termed poor governance as their reason for their action. The   regime incompetent and incapacity to fight terrorism and resort dignity to the Mali people triggered the action of the solider and armed forces took upon themselves.  As a result it is estimated that approximate 29 sustained injuries and were recuperating from Bamaco hospital (Umaro, 2012, para. 14). Other operations of the government also became stand still as people feared for their life. It was reported that those military personnel who showed reluctance in joining their colleagues were mutinied. The coup deta elected harsh criticism from many nations including United State which had earlier applauded Mali as being one of the democratic countries. Other countries which leveled criticism on the episode is the former Mali colonial ruler France. They, therefore, called for stability and calm to restore the dignity of the country through democratic governance that the US would support.  The soldiers formed the National committee for the restoration of democracy and state to work as a transitional government. Government is accused for failing to provide incentives to allow the Mali soldier to fight the Local Tuaregs nomads who are demanding the creation of an independent state. The coup is feared to worsen the security of northern Mali if no urgent measure is provided. The last coup in Mali happened in 1991(Umaro, 2012, para. 15). The coup happened few months before the election period.

The article is therefore a good illustration of a social problem that has caught up with the Mali society. Various social concepts are applicable to the article. These include social construction, crime, social control, deviance and stratification. Deviance refers to any kind of behavior that goes against cultural norms of a given community or society (Stark, 2007, p.23). Deviance encompasses crimes which refers to violation of the set or formal laws that govern people. This type of deviance includes crimes such as assault and murder. The Mali soldiers have violated these set laws by going against the social order or law by removing an elected president from the leadership role. This is against the laws hence amounts to deviance. Furthermore, assault has been witnessed in Mali as a result of the coup as many people have succumbed to injuries and others faced evacuations. Social control is yet another concept that helps to understand the article. Social control is the political and societal mechanism or processes which regulate group and individual behaviors that leads to compliance of rules and conformity to certain rule. In circumstances that this control is not controlled it might ad to chaos or conflict. This is what has replicated in Mali. The Renegade soldiers felt that the constitution which was supposed to bring them together and allow them to be governed well was not helping them hence the need to disintegrate leading to a conflict and a coup. Another method that was used to control the escalation of the conflict was issuance of threats and sanctions by the donors. This was meant to lessen the stances of the rebels and allow for negation aimed at resolving the conflict.

Social stratification is a concept that suits the events in the article. This is the classification or categorizing of people into groups that share commonalties in terms of socio-economic status, income or culture. It is therefore a relational set that is based on inequality in ideological, economic or political dimensions. In the article the source of conflict is based on perceived inequalities in the politics. The security personnel’s announced a coup because they felt non partisan from the poor leadership of the president. They were not being provided with equipment and facilities to carry out their duties well. This angered them. Secondly, those security forces who felt no need to get involved or to support the rebels received threat from the partisan because they believed that they shared common predicaments that they needed to join hands in finding a solution.  Furthermore, the Tuareg’s nomads also played a role in the conflict. These community feels excluded and therefore frequently attacked Mali demanding for equality in terms of economic and politic freedom. This therefore, contributed to the conflict and the coup.  Social constructionism is how our social phenomena develop or exhume in our social contexts (Kelly, 1995, p.23). The article best demonstrated how the society values, beliefs and norms have been constructed in individuals. The constitution provides legislations or laws that people have lived to abide by. This became evident when the coup was announced. The people of Mali and the world around express their astonishment and criticized the move as uncalled for. The motivation behind these accusations of the security forces action is  that the society have formed in their mind that a sitting president should not be removed from office in the way the president of Mali was ousted. Therefore, the article has provided in length the social concepts that society’s experience.

 

 

References

Kelly, G.A. (1995).  The psychology of personal constructs. New York, NY: Norton.

Umaro, Djau. (2012). Renegade Mali soldiers walk through ravage presidential palace after           coup. Retrieved on Mach 26, 2012 from: http://edition.cnn.com/2012/03/22/world/africa/mali-coup/index.html

Stark, Rodney. (2007)Sociology: Biological Theories of Deviance (pp. 182–185). Belmont, CA.   Thomson Wadsworth

 

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Violence against Women

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Violence against Women

            Human rights organizations have been at the fore-front calling for end of violence against women with some terming it an abuse of women human rights.  Violence varies across countries and in its forms and patterns it takes.  This violence is a risk factor to both the health and the general wellbeing of women including their reproductive and sexual health. The women violence may take on various forms such as sexual, physical and emotional abuse such as female genital mutilation, sexual assault, rape child sexual abuse, trafficking for sexual abuse, forced prostitution among many others (Garcia 491). The movie, “The many trial of one Jan Doe,” is a good depiction of how women violence is experienced. Sexual harassment and rape forms the basis of the movie.  Various myths and arguments are marred that purport women violence such as rape and sexual assault as to whether they qualify to be categorized as violence against women.

According to Ellsberg, violence against women is a violation of women rights, a serious health issue and a developmental concern (325). It has devastating effect on the health of a woman and their children.  The view is also rooted in the gender inequalities. Violence also encompasses domestic violence such as woman biting and physical assault. Therefore, a lot of campaigns, policies and procedures, training and education programs need to be done to help reduce violence against women.

However amidst this, criticism, according to the movie, women contribute to the ordeal that begot them. For instance, they dress in sluts which trigger the offenders to victimize them.   Other myths have noted that failure by the society to train their daughters on how to read warning signs and avoid landing in the traps of victimizers such is lacking. This has contributed to many cases where women are raped by the people they know.  Furthermore, boys are not educated or taught on the consequences of raping. Therefore, most efforts are drifted in informing girls about being careful but men are not brought in the picture and also talked to.

Another reason why violence against women is increasing is as a result of poor legislations and procedures that can help bring the accused victimizers before the law. For instance in Canada people accused of rape are not charged with rape but rather they are charged with sexual assault. Therefore lack of stiffer penalties contributes to the violation of women rights. Women are also always culprits in the domestic violence. This comes after disagreements; most women are hit by their husbands.   The social and political structures that are in place have contributed to this as some communities allow men to bit their women as a way of correcting and to demonstrate power.

It is therefore, evident that violence against women is experienced in our society.  Factors such as social classification and myths that our culture have created, lack of political will, education  and training among other factors have at length contributed to the  increased cases of women violence. Therefore, what is required is for all the stakeholders to join hands and come up with policies and procedures that can address these instances of violence. The violence women experience is not brought by them, but rather they are as a result of two parties in the society. Society should not run away from the problem but come up with an amicable solution.

 

Works Cited

Ellsberg, Miller. 2006. Violence against women and the Millennium Development Goals: Facilitating women’s access to support.” International Journal of Gynecology &   Obstetrics, 94.3: 325-332. Print.
Garcia, Moreno. 2008. “Violence Against Women.” International Encyclopedia of Public Health, 491-500. Print.

 

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