Developing Common Law In Environmental Law Policy - Free Essay Example

Common law actions have in recent years proved to be a fertile ground for environmental litigation, although the judiciary have demonstrated a rather lukewarm response to attempts to use torts as a mechanism to control the adverse impacts of pollution on people, property and the wider environment. The courts have shown a preference for specific pollution legislation, such as the Environmental Protection Act 1990, and have shown minimal support for attempts to develop the common law as a means for resolving modern-day environmental problems (Wolf and Stanley, 2010). Introduction Common law is a Judge-declared law, a law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain. Common law is split into two sectors: case law and legislation. Legislation is an act passed by a Parliament or legislature, whereas case law is the law that accumulates as a result of court decisions. There has been much discussion when regarding the issue of common law. For The easiest way to deduce whether the courts have shown a lack of support for the development of common law legislation to counter present day people, property and environmental problems is to analyse well known environmental cases, and make judgements to whether more could have been accomplished by the courts. First the difference between must be defined. Rylands v Fletcher [1868] Rylands v Fletcher is one of the most pivotal cases in Tort law, due to the implications it had on future Tort law cases. Rylands possessed a piece of property over mines and veins of coal. However, he didnt own the rights to these. Nearby coal mines were owned by Fletcher. Rylands built a reservoir, unaware of the abandoned mine left underneath, which led to the overflow of water into Fletchers nearby cave. Fletcher sued Rylands under the tort of trespass, which was deemed inapplicable, as at the time of the case, one-off events werent classed as trespass, and therefore leading to the case being b rought under the tort of nuisance. The arbitrator ruled that Rylands was not guilty of negligence as they had no way of knowing about the shafts under the reservoir. The case was appealed, and ruled in favour of Fletcher, due to Rylands causing mischief by not keeping control of the reservoir. Although he acted without negligence, he was still liable due to the mischief he caused. Due to the reversal in charge, this case became extremely important in regard to Tort law, with some considering Rylands v Fletcher as the fourth Tort. Cambridge Water Co Ltd v Eastern Counties Leather plc  [1994] The most prominent case to consider when agreeing the statement is most probably the Cambridge Water Co Ltd v Eastern Counties Leather plc, which is an important English Tort Law case. It is a case strongly linked to the Rylands v Fletcher case (1868), due to the nature of the case. In 1976, Cambridge Water Co purchased Sawston Mill, which had a borehole from which water could be pumped from. The water was tested at the time, and was declared suitable. Nearby, ECL plc owned a tannery, in which PCE was used within the process. Over the years, the PCE leaked in small quantities and mixed with the groundwater, eventually travelling down, and percolating in the borehole of Sawston Mill, affecting the quality of the water. PCE in water was not a major problem at this, which meant Cambridge Water neglected to test for it. When the European Directive was introduced, the water was tested, and high levels of PCE were found, leading to the shutdown of pumps. CWC then sought damages against ECL, demanding  £1 million in damages due to the requirement of finding a new borehole, and covering the cost of the attempted cleanup of the old borehole. CWC stated they were liable under three of the four Torts; nuisance, negligence and Rylands v Fletcher. The case reached the High Court, but the action was dismissed in both nuisance and negligence. The reasoning behind this was that at that time, there was no possible way of ECL of knowing that PCE release were occurring, and could not have foreseen the damage done to the aquifer. The Rylands v Fletcher rule was considered also, which states the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape and that with a requirement that this use of land be non-natural. The Judge Ian Kennedy disagreed that PCE was non-natural as it was on an industrial site, rendering the claim under Rylands v Fletcher invalid. CWC appealed to the High Courts, and the decision was reversed, due to the decision being based on the nuisance Tort and the case Ballard v Tomlinson (1885). The argument that ECL was interfering with CWCs right to abstract uncontaminated water, which itself was regarded as an action able nuisance. Although the appeal was also claimed under Rylands v Fletcher, this was disregarded. CWC was awarded  £1 million in damages plus costs. This caused uproar within industry, with fears that many companies would be liable for historical contamination. The case was appealed again, this time to the House of Lords. The judgement of the case made important statements regarding the connection between nuisance and Rylands v Fletcher. Lord Goff considered forseeability (only liability where interference was foreseeable by a person in the defendants position belief that damage was unforseeable), non natural use (storage of substantial chemicals should be considered non-natural freed up restriction on liability under Rylands v Fletcher) and the courts and environmental protection (referring to common law as environmental protection aiming to create a statutory regime of liability for environmental damage). The decision was once again reversed in favour of ECL. The main r eason for this was the issue of forseeability of the damage suffered by CWC, as it was believed at the time that any spilt solvent would be evaporated. There are major criticisms of the how the case ended. Most environmentalists believe the judgement was restrictive due to the introduction of the requirement of forseeability of the type of damage as a component of the rule in Rylands v Fletcher. Another criticism of the judgement is that only very rarely will it impose liability for pollution cases such as this one. To some, it is believed that not enough impetus was placed on the safety of the environment when regarding the case in general. The reaction from Lord Goff seemed to be one of timidity and uninterest in correcting a wrongdoing. The fact that the judges felt the case should be dealt with by Parliament rather than the courts seem to be a statement that disregards the importance of dealing with pollution to the environment. Fairchild v Glenhaven Funeral Services [2 002] The next case of interest is the Fairchild v Glenhaven Funeral Services Ltd. The case involved Mr Fairchild, a subcontractor who worked for a number of different employers, all of which inadvertently exposed him to asbestos. Fairchild then died of Mesothelioma, which resulted in his wife suing the employers under the Tort of negligence. This lead to other people affected with similar situations suing the companies as well. The problem with determining whether the employers were to blame for Mr Fairchilds death was that a single fibre of asbestos can lead to the contraction of Mesothelioma, and was therefore very difficult to determine which employer was completely to blame for the death. Unlike asbestosis, Mesothelioma is a single indivisible disease, therefore the claimant cannot deduce when the asbestos fibre was inhaled leading to the mesothelioma cell becoming malignant. The question was if the defendants had overexposed Mr Fairchild to the asbestos. All employers wer e equally liable. However, this lead to the question of probability, as it was difficult to determine which employer had exposed Mr Fairchild to more asbestos. Due to this uncertainty, the Court ruled that the claimant was unable to judge if the breaches of duty were a cause to the deceased death. In other words, no damages were paid to Mrs Fairchild. This is another classic case of the Courts washing their hands of a difficult decision. Instead of implementing legislation regarding asbestos, the claimant ended up with nothing. In 2001, the case Edwin Matthews v The Associated Portland Cement Manufacturers (1978) Ltd was brought to court, with the same problem of exposure of asbestos the cause. Mr Matthews had been exposed while working for several contractors, contracted Mesothelioma, and had sued two of the employers. However, unlike Fairchild v Glenhaven, Mr Justice Mitting had an alternate opinion on the case.He concluded: I can see no substantial difference between saying th at what the defendant did materially increased the risk of injury to the claimant, and saying that what the defendants did made a material contribution to the injury. It seems to me wholly artificial to require a claimant to prove which fibre, or fibres, inhaled in whose employment, in precisely what circumstances, caused or set off or contributed to the process by which one or more mesothelial cells became malignant.  [i] Mr Justice Mitting The court ruled in favour of Mr Matthews, who received damages from both employers, with the reasoning that even though it could not be determined which employer exposed him to the actual asbestos resulting in the Mesothelioma, it could be deduced that they had both increased the risk of him doing so. This leads to the question: How can two such similar cases end so differently? Hunter v Canary Wharf The Hunter v Canary Wharf Ltd [1997] involved the construction of Canary Wharf Tower. However, the construction of the tower, which w as situated near to BBCs primary television transmitter, which affected the reception of local residents television. Also, action was brought against the London Docklands Development Corporation under nuisance also, due to the dust created from the road construction. Over 500 residents filed cases, including Patricia Hunter, against Canary Wharf under the Tort of nuisance, arguing that their television license was now wasted and loss of enjoyment. Originally they filed under negligence too, but the Tort was abandoned soon after. During the case, it was stated that the nuisance in question must be substantial, and that only householders with a right to a property could file anything under the Tort of nuisance. It was Lord Goffs judgement that a building being built in the near vicinity does not apply as nuisance. Initially, the case of Khorasandjian v Bush [1993] was brought up, in order to show that the occupation of a property as a home was enough to constitute action in private nuisance. However, this was rejected in the House of Lords, with the point being that when dealing with private nuisance, the right to sue can only be exercised by those with rights to the land affected (freehold owners, tenants in possession). The question of dust was rejected as personal injury doesnt apply under the Tort of nuisance. Due to the connection made between property rights and nuisance, the development of greater protection of the wider environmental problems has been halted. It was Lord Hopes opinion that not enough had been stated within the case to make a change to the law in regard to a nuisance. Against When considering the argument against the original statement, there are also many cases to represent this opinion. The argument will be fought with examples where the Courts place more impetus on protecting the environment than on themselves from a tough decision. Empress Car Company Ltd v National Rivers Authority [1998] The case in question focused on the prosecution of Empress Car Company being sued by the National Rivers Authority, due to the release of red diesel fuel into a river. An oil tank owned by Empress, was surrounded by a protective bund, in case of a spill. However, a pipe leading to a smaller oil tank outside the bund was installed to make oil use easier. However, the oil tap was vandalised by a trespasser, which led to the oil overflowing from the secondary tank, which in turn led to the contamination of a local river. When the case reached the Courts, the defendant tried to place the blame on the trespasser who caused the tap to be open, and had only crea ted the circumstances which led the trespasser entering the grounds. He also argued that the involvement of the trespasser broke the chain of causation. The argument was rejected by Lord Hoffman, who found Empress Car Company Ltd guilty. Another point brought up was the act of prevention of a chance of contamination. It seemed that Empress had a lack of a valid backup plan if a spill occurred. The question of liability was resolved in 1991 when the WRA was created, which states that escapes of pollutants into controlled waters will lead to absolute liability. This is a prime case when deciding whether or not the original statement is true. Empress v National Rivers Authority reflects that proper incite was made into the environmental effect when determining the judgement of the case. It showed that even though the defendant had not directly led to the release of the oil, he was still liable as he didnt take enough care in ensuring that if a spill occurred, it would be dealt wi th accordingly. Wheeler v Saunders [1994] In the case Wheeler v Saunders [1994], Mr Wheeler was a veterinary surgeon who owned Kingdom Farm House. The farm as owned by J.J Saunders, who used it to raise pigs. Wheeler filed a complaint regarding the smell of the pigs, under the Tort of nuisance. The court agreed with Wheeler, in regard to the smell nuisance affecting his use and enjoyment of the land. The decision was appealed by Saunders, who stated that the allowance of planning permission changed the nature of the area, which then would lead to the nuisance Tort being allowable, thus throwing the case out. He referred to the case of  Gillingham Borough Council v Medway (Chatham) Dock Co Ltd, which allowed the building of a commercial dock. However, the appeal was disregarded, with the reasoning that the case of pig houses would affect the surrounding area more dramatically than it would have regarding the Gillingham case. This decision goes against the original sta tement as it directly supports the avoidance of the environmental effect of the pig farms. Transco v Stockport The Transco v Stockport Metropolitan Borough Council [2003] involved the collection of a large amount of water under a block of flats, due to an undetected leak. The leak then spread to a nearby embankment, which led to the embankment collapsing. This in turn led to a gas pipe becoming exposed and unsupported, due to the ground underneath the pipe being washed away. The gas company, Transco, then sued the Stockport Council under the Rylands v Fletcher Tort, in regard to the repairs necessary. The Courts judgement was that the council was not liable as the amount of water from the pipe is not considered a dangerous amount. When considering the Rylands case, which showed that excessive amounts of water can lead to risk of damage, the case seemed to have justification. However, Lord Hoffman judged that a burst water pipe does not does not count as something excessive or dangerous. When considering section 209 of the Water Industry Act (1991), which states that although the water undertaker is considered liable when causing damage or loss, they would not incur any liability if the case in question is regarding a specific claimant, such as Public Gas Suppliers, who must insure themselves. Due to this, the Court supported the Council. Conclusion In regard to the original statement, there are several cases supporting and disregarding the claim. On one hand, there are several examples (many more than stated) that show a lack of will to combat environmental problems by developing the common law. On the other hand, there are also examples where the courts have supported the use of legislation to help protect the environment. There seems to be a pattern when regarding the cases supporting the original claim. It seems when the case in question offers a dilemma in ethics, the courts are more than willing to sweep it under the rug, rather than finding a better way of dealing with the same kind of problem in the future. When referring to Cambridge Water Co Ltd v Eastern Counties Leather plc, it seemed the Judge was more than happy passing the problem over to Parliament than finding a constructive method of dealing with it correctly. The fact that forseeability was considered more of an issue than the non-natural use of land also re presents this opinion.

National Festivals - 2272 Words

3 National festivals Independence Day Independence Day, August 15, commemorates the day in 1947 when India achieved freedom from British rule. The day is celebrated to commemorate the birth of the world`s biggest democracy as a national festival. Till Independence, there is no true national festival that the whole country could take part of. Independence Day, beginning as a day to commemorate the greatest moment in Indian history, has now come to signify a feeling of nationalism, solidarity and celebration. Independence day is celebrated with flag hoisting ceremonies and cultural programs in the state capitals. The Prime Minister`s speech at the Red Fort in Delhi is the major highlight. All Government Organisations have a holiday, as†¦show more content†¦The parade is succeeded by sports events in the afternoon. `At Home` functions at the Raj Bhavan, at the District Magistrate`s and at the SDM`s are followed by illumination of public buildings of the state capitals and administrative headquarters. Republic Day is gradually acquiring the status as that of the 4th of July in USA. The celebrations are universal, total and participatory, children take part in a big way. Variations in culture are displayed through colourful attires and folk dances. The traditional predominates along with a touch of modernity reflected in the display of might (latest defence gadgetry and acquisitions), technology and capabilities of growth in various sectors. The parade symbolizes the might; the tableaux are predominated by cultural motifs. The celebration is thus, homage to the past, the region and the nation that is a true republic and imposes nothing. The patriotic fervor of the Indian people on this day brings the whole country together even in her embedded diversity. Gandhi Jayanti Gandhi Jayanti, a national festival of India, is celebrated to mark the occasion of the birthday of Mahatma Gandhi, the Father of the Nation. It is celebrated on October 2, every year. It is one of the three official declared National Holidays of India and is observed in all its states and union territories. He is the man who played a significant role in achieving independence for India from the British Empire with his simplicity andShow MoreRelatedA Speech On Indian Festivals1336 Words   |  6 PagesIndian Festivals General Purpose: To Inform Specific Purpose: After listening to my speech, my audience will have a better understanding of the scientific and practical explanations behind certain rituals and customs of Indian festivals. I. Introduction A. Many of us identify Indian festivals to be of colorful dresses and rituals, rainbow of food choices and lots of music and dancing. B. Have any of you ever wondered the reasons behind all this pomp and show? C. According to Kunzig from National GeographicRead More‘The commercialization of festivals has eroded their real significance.’ Express your views either for or against this statement887 Words   |  4 PagesA festival is an occasion for rejoicing and celebration. It conjures up scenes of gaiety and merrymaking. It is an occasion for family rejoicing and community celebrations. Festivals break the monotony of life, bring peace and joy to the masses and above all promote social interaction and harmony. All nations have their religious and colorful festivals. Being a multi-religious, multilingual and multi-racial country, Indians celebrate a number of festivals all through the year. 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Therefore with theRead MoreEssay Woody Point Music Festival Case Study2089 Words   |  9 Pagesï » ¿Woody Point Festival Case Analysis Introduction With its inception in 2004, the Writers at Woody Point Festival have become an ever increasingly popular annual literature festival for Newfoundland’s west coast. The festival has grown each year and has now reached the point where council believes a formal marketing strategy and plan is necessary for the festivals short and long term economic sustainability in the ever-increasingly competitive literature festival market. To create the marketingRead MoreThe Growth Of An International Arts Festival2065 Words   |  9 Pagesinternational arts festival in Bournemouth should be seen as an addition of the borough’s economic portfolio through the inventive industries, providing imaginary economic and excellence of life advantage for Bournemouth residents. 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The attendants of the festival were youths from around the United States in ages ranging from 17 to 26. The overall mood of the festival was very relaxed and happy. Although there was a minimal amount of violence at Woodstock, there were financial problems, drugs, nudity, and traffic jams that seemed to go for miles down

A Day I Was Hit By A Car Essay - 1708 Words

Odell Armwood COM 499 Independent Study Dr. Robert Harrison 7/20/2015 In life, there are times when we choose our challenges and other times when the challenges simply choose us – Travis Roy. I don’t remember what happened to me, I was told I was hit by a car. I was placed in a medically induced coma, for a month. Slowly, the doctor lowered the sedatives to see how I can breathe on my own, within six weeks everything was removed. I woke up; there were family and friends around my hospital bed. I was confused because I had no idea what happened. Mom and Uncle Ray told me stories about how angry I was and would try to get out of bed. I am still angry because I have not come in person with the person that changed my life around in just a few seconds. Mom told me, Forgive. I’m not there yet. I’m sure one day I will but for right now I have to focus on my career. There are times when I’m depressed and don’t want to be bothered. I just want to walk again. I’m thankful I have been given a second chance at life . I’m grateful for the host of family and friends whom supported me through prayers, emotionally, morally and financially. I know it was the grace of God, and my will to live. As far as my career goals; there are two areas in which I would exercise my communication skills in: Basketball coaches or Deaf Service Specialist. What inspires and motivates me the most is sports. I love basketball. During my times on the field I thought about nothing but winning for ourShow MoreRelatedHow I Started A Long Day991 Words   |  4 Pagesvery cold March morning, I was headed to work to start a long day. I was just driving along listening to music minding my own business. I was pretty happy because it was pay day for me and I just wanted to get the day over with. I was in the country so it was very icy out and no one had come to salt the roads. My turn was coming up for my work so I started to slow down. 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Group Thinking or Group Mind by Doris Lessing Free Essay Example, 500 words

ï » ¿Group Thinking or Group Mind by Doris Lessing 1. Examine the theme in the context of the essay. What does the writer say about the theme? Clearly explain the point the writer makes; what purpose does it serve? The theme of the essay is group thinking or group mind. Doris Lessing argues that group mind is disadvantageous, sometimes to the point of being lethal, when people lose their ability to think critically against their group and to act individually to do what is right. She wants people to examine their lives and to determine if they truly are free people, or they are mere sheep who mindlessly follow their groups. Her primary goals are for people to criticize their groups, so that they will not be automatically obeying them, and for them to assert their free will. People should learn to leave their group box behind and to find a reasonable â€Å"thinking† distance, where they can detach their emotions and thoughts from the group and fully think as free, rational individuals. Lessing understands that to do is not easy and it can make people uneasy. We will write a custom essay sample on Group Thinking or Group Mind by Doris Lessing or any topic specifically for you Only $17.96 $11.86/pageorder now But if they want to take advantage of their liberal norms and infrastructures, the more that they should apply it- the idea of being an individual, despite being part of a group. 2. Draw upon sources outside the essay to further discuss the theme: Discuss and reflect upon that theme with reference to your personal experience, other written or visual texts (such as films), or events in the world at large. Many people have forgotten to think and to question their beliefs that come from their groups. They have stopped criticizing the status quo because their groups are part of it and might even be benefitting from it. But what if the status quo is not the best of human reality? What if we can do better, if only we analyzed and criticized our group norms and conduct? Lessing mentions the Milgram experiment as one of the key examples of groupthink. I also offer the Stanford experiment and people who follow religious dogma or believe in politicians witho ut criticizing the latter’s beliefs and behaviors. These experiments demonstrate the flaws of group thinking, which are the loss of free will and independence in thoughts and actions and inability to question prevailing group norms for fear of being ostracized. Indeed, most people are social animals. They want to belong to a group. They want a group to accept them. Group acceptance and its maintenance can have its repercussions. People should learn to question their groups too, but they cannot do that if their groups oppose criticism and changes. 3. Engage critically with the writer's ideas. Agree/disagree with the writer with reasons and examples. I agree with Lessing that group think is dangerous because it can lead to prejudice, discrimination and preservation of unethical norms and conduct, but I believe that one kind of group thinking is actually helpful, the group mind of critical thinkers who are open to self and group criticism. Group thinking is part of human behavior and not something peculiar to Nazi Germans only. But as with the Nazis and the Milgram experiment, group minds can be dangerous. Having one mind can be fatal when it results to discrimination and genocide. This is an extreme case, which we read from the news, especially in countries, such as in Africa, where genocide persists, as one dominating ethnic group persecute, displace, and slaughter minority groups. Some of groupthink’s consequences are not so directly lethal, but can still be considered nationally and individually fatal. An example i s gay hate that comes from traditional religious groups. I witnessed a number of â€Å"religious† teens beat up a gay boy. I reported the incident, but up to now, I feel like sheep for not saying anything during that time. Group mind can be a poisonous process, which can preserve unethical norms and conduct. Corporate fraud, for instance, shows â€Å"groupthink, † when numerous executives and employees believe that it is right to misstate financial accounts because it is acceptable to their group. Their thinking deceived so many stakeholders, without them considering that what they are doing as unethical and illegal. Nevertheless, one groupthink can have positive results. For instance, the group mind of critical thinkers who are open to self and group criticism can be promoted across sectors and industries. Their norms must be openness, creativity, flexibility, and criticism. This way, they will not see change as anti-group and criticism as death-for-the-group. They can use their thinking as individuals to enhance their individual and group identities. Work Cited Lessing, Doris. â€Å"Group Minds. † Class Material.

Essay about Inclusion of Children with Autism - 1315 Words

Inclusion of Children with Autism The inclusion of children with learning disabilities into normal classrooms has proved to exhibit both positive and negative effects on children with and without disabilities. However, the negative aspects of inclusion have not proven a strong enough point in that the good, which comes from this experience, severely outweighs any doubt of its success. Inclusion of autistic children has shown to be beneficial due to the notion that these disabled kids can attend normal classes with their non-learning disabled peers. By allowing all kids to feel normal we, as a society, stand a chance of making prejudice which we associate the disabled under, cease to exist. Autism is a rare disorder that†¦show more content†¦The phenomenon of the ?supercharged areas,? allows children with autistic disorder to immensely exceed the standard level of achievement in one specific area. For example, an autistic child who lacks the ability to speak clearly or coherently lacks normal functioning in the left side of the brain, or the frontal lobe. However, other supercharged areas may activate the memory, allowing the child the ability to memorize massive amounts of information in a very short period of time (Boyles Contadino 272). Inclusion is a program that has been in effect for many years, yet has not become standard procedure in all public schools. The program ?inclusion as the name implies, means all students with disabilities, regardless of the nature or severity of the disability and need for special services, receive their total education within the regular education classroom? (Haller 167). Inclusion is an involved program that has taken time to establish in the most beneficial manner, however the Individuals with Disabilities Education Act (IDEA) has helped in the formation of the program (Haller 54). ?The Education of all Handicapped children Act mandated that all school-age children with disabilities receive a free appropriate education in the least restrictive environment? (Haller 54). This means that the education program would cease to pull children out of the classroom for resource instruction. The idea of theShow MoreRelatedReflection On The Inclusion Improvement Plan856 Words   |  4 Pagesto get motivated to work better for the learning of children. The following reflection will highlight the merits of implementing the inclusion improvement plan, some of the issues that impact on educators’ capacity to provide an inclusive care environment and how can the educators manage the competing demands of inclusion of children with additional needs, with the demands of providing an inclusive environment for all children. The inclusion improvement plan for Joshua caters to his special needsRead MoreEssay about Mainstreaming of Autistic Children1096 Words   |  5 Pageschild who has autism and all you want is to be treated like all the other kids in your class. When they get to get into reading groups, you get sent off to the special education instructor so you can work on your social skills. The question comes up almost every day, and that is if autistic children should be segregated, or mainstreamed from public schools. In this paper I am going to go over some of the causes of autism and common symptoms, and then how some these autistic children are being heldRead MoreTeaching Elementary Children With Autism1638 Words   |  7 Pages(2012). Teaching Elementary Children with Autism: Addressing Teacher Challenges and Preparation Needs. Rural Educator, 33(2), 27-35. II. Problem 1. How adequate is the current teacher preparation program for preparing general education teachers for teaching children with autism? 2. Scheuermann et al asked, â€Å"If a teacher meets state standards for certification, but has no coursework in or experience with autism, is that teacher highly qualified to teach students with autism?† 3. What challenges canRead MoreInclusion: Is it Effective at the Elementary Level? Essays1518 Words   |  7 PagesInclusion is where children classified as Intellectually Disabled (ID) are put into a regular classroom instead of a special education classroom. Previously called mental retardation, ID, as defined by the National Dissemination Center for Children with Disabilities (NICHCY), is a term used to describe a child with certain limitations in mental functioning, and in skills such as communication, personal care, or social skills. (2011) These limitations will cause a child to develop more slowly thanRead MoreSpecial Education Students: Inclusion vs Reality Essay1315 Words   |  6 Pageswords such as idiot, moron, and retard were once used as actual labels for disabled children in special education. â€Å"Prior to 1975, schools were not mandated to educate students with disabilities . . . . [Those with disabilities] were deemed to be uneducable and were barred from enter ing schools† (â€Å"Exceptional Students†). Federal and state laws, as well as mandates, now require schools to educate all children with disabilities in the least restrictive environment, to the maximum extent possibleRead More Research Paper958 Words   |  4 PagesResearch Paper Inclusion is a type of teaching that is being researched by many school districts across the country. It is the act of combining special education students in a regular classroom environment. Inclusion is a very controversial topic when it comes to the education of children, both regular and special education students. There are many beliefs in the welfare of all students and their ability to learn and function together. This belief has put a damper on school districts adoptingRead MoreEssay about Should Autisitc Children Be Mainstreamed1349 Words   |  6 PagesThe Argumentative Essay The issue of whether or not children with autistic disorders should be main-streamed, or placed in the same classrooms as non-autistic children, has been a very real concern for quite some time. While the debate is continuous, people often choose to side on a particular position of the argument without correctly evaluating all of the options. Should autistic children be main-streamed in regular classrooms, or should they be placed in self contained environments? Or, possiblyRead MoreMy Reading On Reading Disabilities, And The Impact That They Have On Students Education1741 Words   |  7 Pageseducation, and I was able to read very well. Reading is one of the most important skills that students learn in school. Being able to reading is paramount to student’s success throughout school and life. It is estimated that 10% to 15% of school aged children have some form of a reading disability. Reading is a complex task involving decoding and comprehension. Decoding is the ability to convert written symbols into words. Comprehension is the ability to gain meaning from those words. Teachers need toRead MoreSpecial Education vs Inclusive Education887 Words   |  4 PagesResearch suggests that the integration and inclusion of students with special educational needs can be beneficial to not only the student, but also to the parents, teachers and peers of the student (Stainback, Stainback Jackson, 1992). It is also suggested that integration and inclusion is also beneficial to students in areas of learning other than academic, including that of emotional and social development. Wagner is in support of inclusive education, but believes that â€Å"Placement in regularRead MoreWhat Does It Mean to Be a Special Educator?1373 Words   |  6 Pagescould say that a special educator is an individual who has special interest and a passion for primarily interacting with children with disabilities. The special educator would also have knowledge of certain disabilities and the way they can influence children differently. Finally, they would want to have an added level of patience, due to the extra attention required to educate children with special needs. First and foremost, in order for a special educator to be successful, he or she must have

Analysis Of United We Dream And The Federation For...

3. Policy Actors: Representative of Virginia, Scott Taylor and Representative of Washington, Dan Newhouse are two government officials who are actively involved with DACA. United We Dream and The Federation for American Immigration Reform (FAIR) are two interest groups who are also active in this policy problem. Representatives Scott Taylor and Dan Newhouse initiated a signed letter to the House Speaker Paul Ryan demanding for a passage of a permanent DACA solution before the year ends (House 2017). In total, Taylor and Newhouse were able to receive another 32 signers, all being representatives of other states (House 2017). The 34 Representatives â€Å"agree that our border must be enforced, our national security defended, and our broken†¦show more content†¦4. What has happened: There have been two legislative actions in my policy area. The Development, Relief, and Education for Alien Minors (DREAM) Act and the Solution for Undocumented Children through Careers, Employment , Education and Defending our Nation (SUCCEED) Act have been introduced to Congress (Tillett 2017). The SUCCEED Act was introduced into Congress on September 25, 2017, by Senators Thom Tillis, James Lankford, and Orrin Hatch (Penichet-Paul 2017). In short, â€Å"The SUCCEED Act would create a 15-year process that would allow young undocumented immigrants to earn the ability to be protected from deportation, work legally in the U.S., travel outside the country, and become a lawful permanent resident† (Penichet-Paul 2017). According to Skopos Labs, this bill has a 22% chance of being passed; â€Å"The overall text of the bill does little to affect its chances of being enacted† (succeed). The 2017 DREAM Act was introduced into on July 20, 2017, by Congresswoman Ileana Ros-Lehtinen and Lucille Roybal-Allard (Penichet-Paul 2017). â€Å"This bipartisan, bicameral bill would provide Dreamers — young undocumented immigrants who were brought to the United States as children and have lived in the U.S. at least four years — protection from deportation and an opportunity to obtain legal status if they meet certain requirements† (Penichet-Paul 2017). As for the chances of this bill passing, â€Å"Securing the congressional support neededShow MoreRelatedThe DREAM Act Essay1221 Words   |  5 PagesEvery year, about 2.8 million students graduate from a United States high school. They have dreams of going to college or to the military to have an opportunity to make something of their lives. However, each year, there is also a group of about 65,000 students who will not have that chance to advance in their lives (CIR_DREAM paragraph 1). 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Entrepreneurship in Technology in India for Sample for students

Question: 1.Should an Entrepreneur in Technology in India pursue a Product Idea or Service Idea? 2.What are the Pros and Cons of Each Choice in Financing? 3.How can an Entrepreneur Pursue a Product Idea and Minimize his/her Risks? 4.How does an Entrepreneur's Personal attributes Influence his/her Course?5.What are the Challenges and Opportunities in each kind of funding: debt, venture, angel, etc. in the Indian Context? Answer: Introduction An entrepreneur is a person who stood for what he/she believed in and was able to transform the lives of others through his/ her actions'. (Swetha and Rao, 2013) Since few past years, it has been analysed that youth of India are very keen take risk and experiment with his ideas and beliefs. In this case report, the concept of entrepreneurship and its various aspects such as finance management and risk management has been illustrated. Furthermore, the study is focused on the challenges and opportunities related to different types of funding in the Indian market. Lastly, personal attributes and factors that influence the entrepreneurship in India have also been highlighted here. 1.Entrepreneurship in Technology in India Now days, every individual is so enthusiast to do what they believe in and eager to explore the possibilities with their abilities and skills. Entrepreneurship is the new trend in the Indian market and every graduate or post graduate from the prestigious college do not want to go for a high paid job, despite set up its own venture and risk for greater return on investment (Thakur, 2016). In fact, in India entrepreneurship is one of the key driving forces of the Indian markets now. Government is supporting small businesses and start-ups which is encouraging people in entrepreneur-driven innovation. India is changing its traditional business and entrepreneurship rules while setting example world wide by aspiring millions of people about the way they see entrepreneurship (Thakur, 2016). 2.Choice of Idea- Product or Service From the most initial stage, the selection of appropriate and best option between the product or service idea is the difficult and crucial stage. It is affected by many factors such as interest of entrepreneur, nature of organisation and its products and services provided for the customers (Kadam, et al., 2011). Intentions, aims and objective of the organisation/entrepreneur also decide the selection of choice between product and service idea. If the entrepreneur looks out for product idea, it should be based on the innovation and new technological advancement. However, most of product based ideas are aimed at earning high profit and take competitive advantage over other competitors with the new process or approach. It has many legal formalities involved in it such as legal documentation, patent and intellectual rights related legislations. In addition to it, providing diversified or unique services to the customers is a matter of experience (Sahay, 2009). The experience of the services can be enhances with the integration of information technology or any innovative product idea as well. Services are generally based on non-profit motives but can be converted into commercialised form by involving addition services. There is no certain parameter to decide of choosing the idea between product and service for an entrepreneur, it is just ground on the thought and love of entrepreneur what he/she wants to offer to their customers. Along with this, before concluding to any selection entrepreneur should determine some aspects like whether the product/service is better then any of the existing options to the customers or the product/service is the real need in the market and prospective buyers will buy it again and again (Westhead and Wright, 2013). Is the new product or service idea will become number one choice of customers over each competitors choice? These questions will help in deciding the ultimate answer to the entrepreneur about the selection between the product or service idea. Drawbacks and Benefits in Financial Management An entrepreneur needs money or finance to execute its product or service ideas into reality. There are certain stages of entrepreneurship and requirement of different amount of financial support in these stages (Gandhi, 2014). At the beginning of any plan the product development cost is the only need for an entrepreneur, after that marketing and commercialisation of product/service needs fund, then management of product and establishment of organisation stage comes that requires a huge amount of money. There are fundamentally four choices of financial sources that are personal funding, angel investors, venture capital funds and corporate investors. Personal funding is further divided into two types first is personal investment of own capital where a person invests its own assets in the form of cash or collateral on assets (Kumari, I. 2014). An individual needs not to pay any interest or share profits with but, in case of any unfortunate happening the cash can not be recovered and can create bankruptcy. Second is borrowing from loved one's or relatives where quick cash can be arranged easily plus entails flexibility in terms of payment options with time relaxation (Kumari, I. 2014). However, only initial capital requirement can be fulfilled, success pressure of the project leads to bitterness in the relationships, unnecessary involvement and disturbance in the project also strains the situation between relatives. Angel investors, exchange their cash with a share of equity in the company as they have the wealthy background and invest their money in the market like this. Investment size is less than $1 Million and they are often deal individually or in groups. They are serious investors than relatives or friends (Collins, et al., 2016). They give you guidance and access to their important contacts because they are also experienced in the market. They have flexible business agreements than venture capital firm. On the other hand the control and management of the company can be forced to loose because of greater risk nature of angel investment. Apart from this, venture capital funding and corporate investors are related with the professional investors that exchange their large amount of money with the share of equity in the company (Collins, et al., 2016). They look out for big investment and even more return on investment. They get their money out if the company is acquired by some other company or exposed to public investment. As a merit they provide a large sum to any entrepreneur and give their best expertise and professional help in existing or growing new venture (Gandhi, 2014). These venture capitals and corporate investors hold well renowned positions in the market and thus bring credibility to the company. The connection in financial and capital market of venture capitalists is so strong that gives incredible network to new entrepreneurs (Kumar, 2012). On the other side a demerit, venture capitalists are just behind the return on investment they have made by hook or crook they want to earn money; they can even throw you out from your own company for this. The more indulgence of upper experienced capitalist or corporate investors may complex the management situations. Moreover, the venture capital includes two types of funding, direct funds via corporate venture funds and indirect funds via independent venture funds. Contrary to all this, there are some facilities of funding offered by government of India as well as banks (Bessant and Tidd, 2015). Bank uses collateral to secure their loan, but individual can take sufficient guaranteed amount of cash and in case of adverse condition declare him/herself bankrupted to protect its assets. As a disadvantage bank repayment conditions incorporates interest and dues on time (Vega and Lam, 2015). In addition government grants, grants are free money and have very law interest rate in case of loans but, it has lots of red tape and availability of funds is very rare and approachable. 3.Exploration of Product Idea and Risk Management The start-ups or entrepreneur should always analyse the external and internal environment of the market that can impact their product ideas. The product idea is founded on the high calibre, innovation and skills of entrepreneurs (Manimala and Wasdani, 2015). In addition to this, there are many risks that are involved in the entrepreneurship which should be invigilated from the start. These risks can be minimised with some precautions and approaching them efficiently. First is product risk that is related with failing, theft or stealing of product idea. Product should be closely analysed before launching in the market and factors that can affect its growth (Kumar, 2012). Idea can be stool by the competitor that can be only protected with limited access or share with only trustworthy people of product idea. Moreover, physical robbery and theft can be protected by camera security, limited access of data and advanced lockers. Additionally, insurance is the best way to minimise these risk s. Financial risks involve the funding problem or physical lose of money. Physical lose can be secured by the above methods for robbery and theft. However, funding risks can be prevented by legitimate paper work and proper accounting and recording of cash flows (Greene, 2016). Team risk is another risk where employees are being enticed by rivals to disclose important information. This can be minimised again with limited access of data, office security, hiring of trustworthy employees. Execution risk is failure in the management and administration of product, it can be minimised with strategies and proper analysis of market conditions (Kshetri, 2014). Proper legalisation of the product and protection from piracy or duplicate of the product idea by patent, copyright and intellectual property right also resolves the risk involved in execution of product idea in entrepreneur. 4.Influences of Personal Attributes in Entrepreneurship choice There are various personal attributes that influences the entrepreneurship choices in Indian context such as personal qualities or traits of an entrepreneur, family background, social challenges, financial aspect, technological and policy aspect. Personal traits or qualities are individuals personality like passion for business, risk taker, ability, courage, innovator, ambitiousness, decision maker, negotiating skills, beliefs, values, morals and openness for changes and continuous learning. On the other hand the family background is equally important, because in India people live together with their parents and their decisions are influenced by their parents thoughts and beliefs too (Gopalaswamy and Mathew, 2012). Conservative and narrow family background can challenge the individual highly; on the other hand people with open family and modern acceptance will invest their energy freely. Furthermore, factors like need for control is also driving factor that impacts on the entrepreneurial decision when funds are taken from the market. The financial assistance plays a very significant role in the success of the product idea, notwithstanding it comes with rice where innovator has to loose some control over his/her product (Raposo, et. al., 2011). Thus, it is very clear that there are certain factors that influences and ensures the product idea development and implementation. 5.Challenges and Opportunities in Different Types of Funding With different types of funding, there are integral challenges and opportunities which cannot be ignored. In Indian aspects, there are some differences from the rest of the world due to market trend, government policies, culture and personal behaviour of individuals. At first challenges related to the start-ups in India are as follows: there are very few incubators or angel investors that assist entrepreneurs (Santhi and Kumar, 2011). Because of the high risk involved in the start-up people fear loosing their money. Along with this, venture capital or corporate investors has their own problems example, need for good expertise in the organisation, lack of return on investment for more than first five years, market risk due to intense competition and several product ideas in the market (Santhi and Kumar, 2011). Lack of skilled and training labour in less capital investment is also one big problem faced by the venture start-ups (Sharifi1and Hossein, 2015). Besides this, Indian government has focused on various start-up financial aspects to provide opportunities and encourage youth of India for large number of entrepreneurship (Anand, 2016). Start-up schemes, small funding, large funding planning and grants from government are the new possibilities for young entrepreneurs. Some of the government initiatives of India entails 'Make in India initiative', Mudra Yojna, SETU Fund, E-Biz portal, Royalty Tax (Wagh, 2016). Financial hubs and incubators are persistently capturing the market to aid new start-ups. Innovation movement, industry parks, research parks, incubation centres, government proposals, universities assistances are some of the new support system for entrepreneurs. Even after this, start ups have enormous benefits in India like relaxation in various legal formation of company that is compliance regime based on self certification in labour law and environmental law, various application and mobile portals as single platform to connect government and regulatory bodies (Wagh, 2016). Further relaxations in the norms of public procurement for entrepreneurs also encourage product ideas in India. Thus, it can be seen that there are various challenges and opportunities in Indian market regarding product idea development. Conclusion From the above discussion, it can be depicted that entrepreneurship is the new trend in India. There are various factors that influence the product and service idea choices for an entrepreneur including main sources of funding. Personal assistance, venture capitals, corporate investors and angel investors are basic funding sources of financial assistance for entrepreneurs in India, besides that they all have their share of pros and cons. There are some personal attributes like family background and control of company that affects the decision of individual while product idea development and execution. Moreover, every funding genre has challenges in the Indian market due to non establishment or lack of start-up concept in India. Lastly, government of India has emphasised on entrepreneurship and start-up in recent past years. It has also initiated various schemes and initiative for convenient funding to the new or existing start-ups. References Anand, P. 2016. Opportunities for Startups in India. [online.] Available at https://www.entrepreneur.com/article/270330 [Accessed on 12 April 2017]. Bessant, J., and Tidd, J. 2015. Innovation and Entrepreneurship. John Wiley Sons. Collins, L. et al. 2016. The Modern Family Business: Relationships, Succession and Transition. Springer. Gandhi, P. 2014. Business Studies: for Class 12th. VK Global Publications. Gopalaswamy, A. K., and Mathew, S. K. 2012. Financing technology startups: an entrepreneur's dilemma. Emerald Emerging Markets Case Studies. 2(8), pp.1 17. Greene, C. L. 2016. Entrepreneurship: Ideas in Action. 6th ed. Cengage Learning. Kadam, J. J.,et al. 2011. A study of Financial Management in Small Scale Industries in India. International Journal of Exclusive Management Research. 1(3), pp. 1-7. Kshetri, N. 2014. Global Entrepreneurship: Environment and Strategy. Routledge. Kumar, A. 2012. Entrepreneurship: Creating and Leading an Entrepreneurial Organization always learning. Pearson Education India. Kumari, I. 2014. A Study on Entrepreneurship Development Process in India. Paripex - Indian Journal of Research. 3(4), pp. 51-53. Manimala, M. J., and Wasdani, K. P. 2015. Entrepreneurial Ecosystem: Perspectives from Emerging Economies. Springer. Raposo, M. et. al. 2011. Entrepreneurship, Growth and Economic Development. Edward Elgar Publishing. Sahay. 2009. Entrepreneurship and New Venture Creation. Excel Books India. Santhi, N., and Kumar, S. R. 2011. Entrepreneurship Challenges and Opportunities in India. Bonfring International Journal of Industrial Engineering and Management Science.1, pp. 14- 16. Sharifi1, O., and Hossein, B. K. 2015. Understanding The Financing Challenges Faced By Startups In India. International Journal of Science Technology and Management. 4(1), pp. 264-272. Swetha, T., and Rao, K. V. 2013. Entrepreneurship In India. International Journal of Social Science Interdisciplinary Research. 2 (7), pp. 104-116. Thakur, Y. 2016. In India, entrepreneurship is at on all-time high.[online.] Available at https://www.cnbc.com/2016/11/16/india-entrepreneurship-is-at-an-all-time-high.html [Accessed on 12 April 2017]. Vega, G., and Lam, M. S. 2015. Entrepreneurial Finance: Concepts and Cases. Routledge. Wagh, M. 2016. Government initiative for Entrepreneurship development Start up India Stand up India. International Journal of Commerce, Business and Management. 5(1), pp. 79-84. Westhead, P., and Wright, M. 2013. Entrepreneurship: A Very Short Introduction. OUP Oxford.