Monday, April 20, 2020

That Newfangled Technology Essay Example

That Newfangled Technology Paper Set Phasers on Stun Case Case 14: That Newfangled Technology Summary: On the morning of September 8, 1923, Lieutenant Commander Donald T. Hunter was assigned to responsible for leading fourteen destroyers of Destroyer Squadron 11 to depart from San Francisco to San Diego. They were returning home after an escorting Battle Division 4 from Puget Sound to San Francisco. At that time, the Destroyer Squadron comprised with leading flagship that commanded by Captain Hunter, USS Delphy (DD-261) and followed by; the four ships of Destroyer Division 33, USS S. P. Lee (DD-310), USS Young (DD-312), USS Woodbury (DD-309), and USS Nicholas (DD-311); the five ships from Destroyer Division 31, USS Farragut (DD-300), USS Fuller (DD-297), USS Percival (DD-298), USS Somers (DD-301), and USS Chauncey (DD-296); and four ships from Destroyer Division 32, USS Kennedy (DD-306), USS Paul Hamilton (DD-307), USS Stoddert (DD-302), and USS Thomson (DD-305). The warships conducted tactical gears and weaponry exercises en route, including a competitive speed run of 20 knots. Later in the day, as weather worsened, the ships formed up a column on the squadron leader â€Å"Delphy†. That evening, around 2000 hours (8:00 p. . ), the leading flagship broadcast an erroneous report, based on an improperly interpreted radio compass bearing, showing the squadrons position about nine miles off Point Arguello. About an hour later, the destroyers turned east to enter what was thought to be the Santa Barbara Channel, though it could not be seen owing to the thick fog. Unfortunately, due to a combination of abnormally strong currents and navigational complacency, it led the squadron onto the rocks offshore point and rugged area of San Miguel Island, near Honda Point. Just after turning, Delphy struck the rocks at 2105 (9:05 p. m. ), plowing ashore at 20 knots. We will write a custom essay sample on That Newfangled Technology specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on That Newfangled Technology specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on That Newfangled Technology specifically for you FOR ONLY $16.38 $13.9/page Hire Writer More than worse, Delphy was followed by S. P. Lee, which hit and swung broadside against the bluffs. Young piled up adjacent to Delphy and capsized, trapping many of her fire and engine room crew below. While Woodbury, Nicholas, and Fuller struck reefs and ran aground offshore, Chauncey ran in close aboard Young. However, the alarm sirens slowed Somers and Farragut enough, so they just touched ground before backing off to deeper water while the five other destroyers steered completely clear. Although heavy pounding surf broke over the seven stranded destroyers, eventually breaking the Delphy into two parts. Hundreds of thousands gallons of fuel oil from seven ships spilled into the crashing waves, carbide bombs were exploded when they came in contact with the water, and numerous fires began on the ships and on the surface of the sea. Finally, 23 men died in the ensuring attempts to abandon the ships and make it to shore in the darkness and heavy surf. About 450 survivors from the seven warships made their way slowly to the narrow and rocky beach below the cliff during the hour that followed. S. P. Lee S. P. Lee Fuller Fuller Woodbury Woodbury Chauncey Chauncey Delphy Delphy Young Young Nicholas Nicholas What Went Wrong: It later turned out to the light that the Squadron was actually several miles north and further east, but Captain Hunter had disbelieved the accuracy of a Point Arguello radio signal. Following the turn, Point Arguello was dead ahead, and distant only about two nautical miles. The Point Arguello light may have been hidden by the fog. However, did Captain Hunter issue an order to change-of course of 95 ° left turn, or did he order his ships to turn to a bearing of 95 ° magnetic? Additional Factors: Communication between Captain Hunter and Radioman Falls: The communication between Captain Hunter and the radioman was misunderstood. The radioman would report the wrong bearings, when the reciprocal bearing should have been reported instead. Had the correct bearings been reported from the beginning, the ship wouldn’t have crashed. â€Å"Newfangled Technology† Feedback: The mistaken â€Å"error† proved that Captain Hunter cannot always rely on his strong self-reliance and that even a skilled mathematician makes mistakes; and that it’s acceptable to rely on technology. There was no feedback given back to Captain Hunter to state its’ reasoning behind the bearing that was being reported to him. Also, there was no feedback given to challenge Captain Hunter’s navigations. If more feedback was given, it could have been sensed that navigation was off route. Continued use of â€Å"That Newfangled Technology†: After the incident of being reported the wrong bearings, Captain Hunter still continued to use the navigation by radio bearing. It was assumed as an honest mistake. It wasn’t until after the crash that Captain Hunter realized that the radioman was giving him the correct bearings from the beginning. This could have been prevented if the system would have been checked after the first wrong bearing, to see what the reasoning behind such an error was; instead of continuing on the journey. More Information: According to an article by Noah Andre Trudeau, â€Å"California Naval History – Point Honda: A Naval Tragedy’s Chain of Errors†, a lean budget and distrust of new technology contributed to a naval tragedy at Honda Point, California (Trudeau, 2012). Speed was the essential creed of the early to mid-20th century destroyer driver. Determination and self-confidence was a style of command in which those qualities could achieve the impossible while in peacetime the same attributes contributed to one of the U. S. Navy’s most significant disasters (Trudeau, 2012). The 18 ships were meant to travel along the California coast to San Diego, with their two high powered and low powered turbines, four tall thin funnels and a book speed topped at 32 knots. Due to the postwar budget cutbacks, they were operating at 20-30% below full complement. Although a lot of live were lost during this tragedy, all the blame wasn’t on Captain Hunter. Everyone played a part, from, Watson’s fixation on making a record 20-knot passage along with his failure to supervise the navigation, Blodgett’s inability to express his concerns, and the silence of the other squadron officers. Uncertainties surround the new technology, unusual weather conditions and minor equipment problems also played a part (Trudeau, 2012). Lesson Learned: This case illustrated the importance of human error and testing all new technology before use. Although all faults in the technology may not be quickly discovered testing all aspects is critical. It is learned that although you may be proficient in a skill and have applicable experience, mistakes still happen. The people with great skill and power, like Lieutenant Commander Donald T. Hunter, are still fallible as human beings. Despite having a fully functioning technology system to navigate, it shouldn’t completely be dependent on. Instead, the two should assist each other, human intelligence and newfound technology. Additional Reference: Trudeau, N. A. (2012, March 2). California Naval History-Point Honda: A Naval Tragedys Chain of Errors. Retrieved October 29, 2012, from The California State Military Museum: A United States Army Museum Activity: Preserving Californias Military Heritage: http://www. militarymuseum. org/PtHonda. html

Sunday, March 15, 2020

Summarize and Analyze the Draft of Thai Class Action Essay Example

Summarize and Analyze the Draft of Thai Class Action Essay Example Summarize and Analyze the Draft of Thai Class Action Essay Summarize and Analyze the Draft of Thai Class Action Essay The proposed final draft of class action of late Justice Somboon Boonpinon’s object is to solve the problem of mass tort or mass injured person. This draft was made from the model rule 23 of the united stated about class action. This class action has to be separate from the normal civil procedure as it has its special characteristic which differs from the normal procedure. The most important and significant feature of class action is draft of section 222/35 said â€Å"the decision will bind all member of the class† regardless whether they have involved in the litigation or not. This is overrule the principle of section 145 of Civil Procedure code; within paragraph 2 said â€Å".. the decision shall not bind third person.. † Moreover, this draft section 222/35 grants the power to the counsel to enforce the decision on behalf of the plaintiff and the member of the class. The member of the class only has the right to request his share but not to enforce individually. In present procedure, the counsel of the plaintiff will have the authority to do so only his client grants him the power. From the most different feature, I will now summarize the rest of the different feature of the class action draft. The injured person who will be regard as one member of the class are the person who has the same right arisen from the same fact and same principle of law even they have got different type of injury. (Section 222/1) Still, the court can order to sub-class by different type of injury (Section 222/24) The cases that have been out in the draft to be eligible for class action are the (mass) tort, contract and the dispute arisen from other laws such as environmental law, consumer law labor, security and exchange etc. Section 222/5) The plaintiff may file the request to process the case as the class action case with his statement of claim, in order to do so he must state his reason. (Section 222/6) The court fees in the common issue will be request only from the plaintiff who first brought the suit to court. (Section 222/7 paragraph 2). This is economical for all injured person. In order to grant the class action proceedings, the court must concern both parties’ presentation and the benefit for all parties. And the class action proceedings would be granted only if the court found the reasonable fact to believe that; There’s common issue, both fact and law, between the member of the class. The members of the class are numerous that the normal procedure cannot work effectively or it would be to complicate and inconvenience. It would bring fairness and efficiency than bringing the suit in normal procedure. The counsel of the plaintiff has potential enough to guard benefit for all members. He must have time, resources, devotion/fairness and knowledge. In this point, the draft did not concern who is the first counsel filing the statement of claim, in other words, in deciding who will be the counsel of the plaintiff did not concern the time of filing the statement. (section222/10) This is different from United States (US) practice because US grants the right to submit the request for class action proceedings before filing the statement of claim but our draft was drawn differently as our drafter thought it should be better if we know the whole picture of the case before deciding what type of the case is. And because the class action case cause a lot of effect to the defendant therefore the draft has given the right for the defendant to file the objection of such order even if he has not yet become the party of the request (the request is a matter between the judge and the plaintiff). In this essence the defendant has the right to file the counter claim against the plaintiff as well. In addition, the court remains its right to cancel class action order if he found it is not giving any effectiveness than doing the case individually. (Section 222/9) The plaintiff must pay the fees within the time limit otherwise, the court will deemed that he voluntary dismiss the case and will strike the case out of the list. (Section 222/11) The court than must give his most reasonable notice under that circumstance for instance newspapers and must give the time limit for the member to opt-out of the class list. (Section 222/12) The people who opt-out of the class will not be bind by the decision of the court. After the time limit the member can opt-out from the class list only by the approval of the court. Section 222/13) This is significantly different from the Civil Procedure code section 145. However, the people who opt-out of the class list reserve always his right to bring the suit to court. The hearing can be replaced by the affidavit testimony of the witness sign by the person who testify including opinion of the expert witnesses. (Section 222/20 paragraph 2 and 222/23). This helps the problem of time consuming. In my opinion, the affi davit of the witness should have some restriction. For example, it would be valid in condition that the affidavit contents of the witness original/own words. Because the counsel of the plaintiff has to devote himself, both time and resources of his own, he must have some reward from doing such great benefit to the society. If not, then there may not be an incentive for the lawyer to accept to be the counsel of the plaintiff. The court will have the power to determine the amount of award for the counsel with regard to his effort, resources and knowledge he put in the work. In this light, the counsel shall submit the court of the statement of expenses. However, the ceiling of the award is 30 percent from the amount of damages given by the court. Section 222/37) In enforcing the damages, the court must determine the enforcing rule and condition in his decision. If there is a claim for stay of execution, the court of first instance will have the final word of such order. (Section 222/38) This is, I think, because the court of first instance is the most related to all the fact in the case. In common law system, the appeal court is likely to li mit their power in reverse the fact of the court of first instance. He shall reverse only there’s an abuse of discretion of the court of first instance. Because the class action case concerns a lot of injured person and mostly they would love to be compensating as quick as possible that’s why we should have the leap frog procedure. The draft of section 222/45 then, give right to appeal directly to the Supreme Court in order to save time and get the injured persons compensate as expenditure as it can be. In apply the class action procedure into our system; the judge must concern always his newly active position. Hence, there are some active roles of the judge put into the draft for instance Section 222/20 paragraph 1. In addition, in awarding damages for the class, the judge must indicate the specific amount of money that would be paid to the plaintiff. (Section 222/36(3)) Still, the problem may arise where the class member did not active their right by not requesting for their damages. The court should have the right to order what to do with the rest amount of damages; may put into society fund etc but in my opinion, the court should primary send the notice or the form for injured person (class member) to fill in. In this way, if such person did not fill in, then we would know that he has waived his right in the damages. In requesting damages of the class member, the draft has granted the right for other members of the class to file an objection. (Section 222/40). This I find it useful to get rid of the people who did not has any interest in the sum but still filing for the objection. However, I think we have to concern about the time and the complication as well. Therefore, we should put the qualification of the person who will be eligible in filing the objection to the court into the draft. Nevertheless, in granting the award, the court should put the priority to the court fees before the award for the counsel of the plaintiff. I’m in the opinion that this draft of class action will succeed its rational of the draft as it can help effectiveness in access the civil injured persons to justice because it can protect mass injured person in a single action, it is less time consuming. It will help those who cannot afford themselves in litigation or those minor who can’t bring the suit on their own. It also helps in case where the damages are little but vast of injured person. Each person damages may exceed the litigation fees but if combine all damages together, it may be worth. As in common issue, only one amount of fees is required so injured person will be compensate and the economic purpose is accomplished. In this regard, when people can file all cases in one action, it tends to reduce the repetition of claim. Nowadays there are more people in the society. And they love/oblige to stay or doing the same thing. That’s why we see more frequently that one action can cause mass injury. As from the rational above, it is time for Thailand to import the class action.

Friday, February 28, 2020

Consumer Culture Essay Example | Topics and Well Written Essays - 1750 words

Consumer Culture - Essay Example This is seen through the way they dress, their behavior, voice, hairstyle, or body characteristics (Edwards & Alexander, 2008). An individual’s identity should not be considered from ones behavior but from the way, others react towards you and the ability to keep on going narrative. This essay will focus on how self-identity has contributed to identity construction in the modern consumer society, and how gender identity is constructed, negotiated and presented within a market place. There will be a discussion on issues of masculinity and how they have contributed to gender identity. The existence of a body as a conduit for intentionality and the role of body image body image self-identity. Body The modern consumer society, which is marked with high reflectivity, is conscious of the heightened need for the construction of individual identity. In the modern consumer, society individuals have learnt how to construct, negotiate and represent their gender identity in a market place (Edwards & Alexander, 2008). The centrality in the reflexivity within the modern consumer society has resulted to individuals’ ability to confront and conceptualize their identities. In their quest for self-identity, they always want to know how they should act, what they should be, and what they need to do regarding their gender roles. These questions about what an individual should do and how to behave are always answered from the day-to-day social interaction. Self-identity is not made up of set characteristics but understanding of self-identity is through reflexivity, which creates an understanding of a person’s biography hence representing him as a social actor who has a consistent sense within self (Edwards & Alexander, 2008). This is evident from the way a person interacts with people and the way in which he represents himself in a social setting for example in a market place. Existence of a body as conduit of intentionality The behavioral theorists have publis hed a lot of work that theorizes the relationship between self and the body. Together with other phenomenologist’s course satire and Merleau Ponty recognizes that, a person’s presence in the world means that there is existence of a body, which is a material thing. For the body to exist the process should be dynamic. Existence means that you should always be in action. A person attains correctness and the fullness of existence if he is always active (Edwards & Alexander, 2008). To exist means to perform, Heidegger and Merleau in their ideas about the body as a conduit for intentionality have reversed Descartes’ claims that the certainty of existence is through relocating the locus from† I think† to â€Å"I can†. Death therefore is a transformation from† I can â€Å"to â€Å"I can no longer do†. This issue of death therefore says that there is no activity because there is no life. The account of bodily existence that was highly art iculated in the theories of feminism meant that although there was that essence of the body, the point of view lived in a different manner for both men and women. There was an assertion that there is lack of significance in the biological facts that bring the difference between men and women (Edwards & Alexander, 2008). The image of the body The image of the body is understood with others depending on the image that they create about a person and this plays a great role in the modern consumer society. Several definitions define the body image. It is

Tuesday, February 11, 2020

Current policy intervention relevant to adult social care and its Essay

Current policy intervention relevant to adult social care and its impact on one of the groups - Essay Example The objective of this report is to define how the Valuing People white paper offers new opportunities while at the same time issuing solutions to existing problems in the implementation of the recommendations, so that adults with learning disabilities including their families can live complete and independent lives as part of their local communities. The report is aimed at the concerned government agencies and advocacy groups involved in implementing the white paper, particularly the National Health Service and the national Directorate of People with Learning Disabilities. The report covers the historical treatment of people with learning disabilities, especially how state sponsored care practises influenced the formulation of Valuing People policy intervention. Secondly, a critical evaluation of the white paper strengths and weaknesses on the wellbeing of people with disabilities is provided, based on existing literature, government reports and accounts of people undergoing the services offered under the policy intervention. The report uses various local learning disability services in England by evaluating their guidelines, policy implementation and practises. Finally, the report provides solutions to the weaknesses affecting the users of the services provided under the Valuing People intervention. A key limitation of the report is that, it did not interview in person individuals with learning disabilities, and as such these findings cannot be entirely generalized to the wider UK community. The De Prerogative Regis of 1334 was the first legal effort by the England crown state in administering community based care for individuals having learning disabilities (Puri, 2005, p.2) Even before the industrial revolution, the society did not recognize the fact that individuals with learning disabilities should be supported to live their own lives, as workers, parents, tenants or even home owners (Race, 2002, p. 24). Since they were

Friday, January 31, 2020

Overcoming the fear of speaking in public Essay Example for Free

Overcoming the fear of speaking in public Essay I heard several stories of how it was like speaking in public for the first time. While some would be tongue tied for the first few moments and stare in to a blank space, others knees would simply give way to the painful fact that no force would blow them away or hide them from the drowning gaze of their audience. My experience was in no way different from theirs. I had resisted and vehemently opposed every attempt to bring me to speak before the congregation of my local church. ‘I am not good at debating,’ or ‘I got the information late, so I could not prepare’ were among the several excuses I would bring up whenever I was enlisted for any debating competition in the church. But this day, I was ‘shoed’ to the front by my mother to give a testimony on my escape from a deathly road accident. At first, my buttocks felt like they were glued to the seat. I went blank and no words would form in my head. Standing before the congregation, I felt like running away. I searched for what could distract me and then I found the shape of the pulpit attention drawing. I slurred on the first few words, but I later gained confidence. Right there and then, I was completely discharged of all stage fright. I delivered my first public speech, if I may call it that. Ever since then, I find it easy and less disturbing to address the public, their number notwithstanding. I joined a freelance writing company recently. I used to have problem with meeting deadlines, customers were always sending back my works for revision and I was losing my earning with the company. I was frustrated and I felt like leaving. But I decided to take it as a challenge and to resist giving in to frustration. I have been doing fine ever since. I also learnt how to relate well with customers. I acquired also professional writing skills.

Thursday, January 23, 2020

Kansas-Nebraska Act Essay -- essays research papers

The Kansas-Nebraska Act of 1854 created the territories of Kansas and Nebraska, and opened new lands for settlement. Because there was millions of acres of arable farmland, it was necessary to create a territorial infrastructure that would allow settlement. The people living in the Kansas-Nebraska area also wanted a railroad system for transportation. The railroad workers wanted to expand their railroad there as well, because they needed farmers for customers. The Kansas-Nebraska Act was created and proposed by Democratic Senator Stephen A. Douglas of Illinois, who greatly supported the railroad system. Douglas was excited to have a railroad system that reached from his home city, Chicago, all the way to California. However, the Southerners felt differently about the railroad. The Southerners wanted a transcontinental railroad that began in New Orleans and extended to Southern California. Their different views about the railroads brought conflict between Douglas and the Southern Senators, so Douglas decided to make a compromise with them. Instead of having the railroad run throu...

Wednesday, January 15, 2020

Gender Identity Essay

Blonde hair, blue eyes, long legs, the perfect 10; Barbie. Barbie was the top selling doll for girl’s ages seven to thirteen from 1959 to 2006. This fashion diva has gone to Hawaii, has many different looks, a mansion, and a number of different vehicles. While Barbie has everything she could ever want, what does she teach our children? Little girls want to be perfect, like Barbie, a nearly unachievable goal. It lowers their self-worth and sets unrealistic standards. Because of this, some countries are restricting the sales of the dolls and even with the new advancement’s Mattel has made to improve Barbie’s â€Å"aura† so-to-speak, there is still a very prominent suggestive gender orientation; such roles now include, architect, computer designer, veterinarian, teacher, pastry chef, and female sports. Barbie dolls influence very stereotypical gender roles when developing gender identity; these toys teach that girls are to be tall, thin, pretty house wives an d caregivers. When children strive for unrealistic perfection it lowers their self-image and confidence. As stated; Barbie is the model of perfection. Barbie has negative influence on young girls, and makes then self-conscious about their physical appearance because of Barbie’s unrealistic body features. Girls aspire to be very thin, like Barbie. This leads to eating disorders at a young age and causes long term psychological harm. In Australia, there is a cosmetic procedure known as â€Å"The Barbie Treatment† It’s main patients are girls between the ages of 16 and 20. This unrealistic ideality of what a woman should look like creates self-loathing in girls who are perfect in their own way because they are less than the Barbie standard. World-wide, people are noticing the effects Barbie has on its children. From the UK to Australia to our very own United States, scholars and doctors have been studding the impact Barbie may have on their youth. Iran has banned Barbie dolls bec ause of the impact it’s having on their young girls. Barbie also sets a standard of â€Å"good house wifery† and vanity. The most popular Barbie dolls include Malibu Barbie, Barbie’s Home Kitchen and Beauty Shop Barbie; the perfect recipe for a perfect bimbo. Now – a – days, there are so many things women are capable of! It is truly disappointing to see that Barbie has such gender-specific roles in the past. Mattel has tried â€Å"upping the ante† so-to-speak by introducing new Barbie’s  with little to no success. In 2008, Mattel introduced its new Barbie Line: I can B. This introduced many different careers for Barbie. Architect, computer designer, veterinarian, teacher, pastry chef, and female Olympic Sports are her newest trends. While that’s all well-and-good, the roles are still gender oriented. All of them are care-giver roles. There is now a Facebook page for Barbie to â€Å"redeem† herself; this petition is asking Mattel to make bald Barbie’s and donate a percentage of the profit to research for childhood cancers. After 2 years and snide comments from the toy maker, news is they are finally in the planning stages for Barbie’s Bald Friend. Do we really want our children to believe that they are less than perfect the way they are? That they must be thin to be loved and appreciated? Should our young girls all just assume that the only role a woman has is to be pretty and take care of others? All people were created equal – not plastic. Society is morphed our ideology of a perfect ten from the Barbie standards. 12 year old children are considering cosmetic surgery – plastic surgery. Toys are meant to be played with – a child’s psyche is not.