Tuesday, December 24, 2019

Veterans Of The Us Military - 861 Words

Veterans of the US military should be some of the most respected men and women of the United States. They risk their lives for years to fight for the freedom of Americans, and yet when they return home some are left homeless, financially unstable, injured, or worse. These men and women need help and should no longer be left to fight on their own. Veterans should be provided with a center to get back on their feet because many veterans suffer from mental disorders and substance abuse due to the things that they encountered during the war. One of the most common things veterans encounter during the war is Post-Traumatic Stress Disorder or PTSD. PTSD is an anxiety disorder that may develop after exposure to a terrifying event or ordeal in which severe physical harm occurred or was threatened. The most common symptoms of PTSD is difficulty concentrating, lack of interest/apathy, feelings of detachment, loss of appetite, hypervigilance, exaggerated startle response and sleep disturbances. The statistics show that at least 20% of Iraq and Afghanistan veterans have PTSD. But 50% of those with PTSD do not seek treatment out of the half that seek treatment, only half of them get â€Å"minimally adequate treatment.† This issue is very serious because of how much stress it puts on these veterans. With a rehabilitation center these veterans could get the help that they need until they are healthy enough to go out on their own. The symptoms of PTSD can be extremelyShow MoreRelatedEssay on Women Dealing with Posttraumatic Stress Disorder638 Words   |  3 PagesAfrican American female’s veterans, in terms of gender, experience a higher symptom of PTSD than male veterans. The study is aimed at providing analysis demographic characteristics, diagnostic validity, and the normative sampling, among the three ethnic populations of women who experienced treatment for PTSD compared to servicemen veterans. Harrison, J. P., Satterwhite, L. F., Ruday, J. (2010). The Financial Impact of Post-Traumatic Stress Disorder on Returning US Military Personnel. Journal of HealthRead MoreIs Neuropsychiatric Disorders Post Traumatic Stress Disorder?1261 Words   |  6 PagesThe foremost disease category in the US is neuropsychiatric disorders, with 25% of citizens 18 years and older suffering from a diagnosable mental illness (Centers for Disease Control and Prevention, 2011; National Institute of Mental Health (NIMH), 2010). These mental disorders are broken into 5 axes and 17 DSM groups by the DSM-IV and include groupings such as developmental disorders, anxiety disorders, eating disorders, mood disorders, etc. (American Psychological Association, 2013). Within theRead MoreCarl Johnson s Life Matters903 Words   |  4 PagesCarl Johnson’s life matters. A 90-year-old veteran in Virginia, Carl was the last Tuskegee Airman to graduate from the famed school that produced so many heroic Afric an American aviators. According to a recent article in the Washington Post, the U.S. Army issued Carl a train ticket for a Pullman sleeping car so he could get from Texas to Alabama for his military training in 1946. Carl recalled being told by the station manager that he and his fellow black soldiers were not allowed to use the PullmanRead MoreVeteran Specific Healthcare1291 Words   |  5 Pagesis the Veterans hospital and the career is military service. The Department of Veterans Affairs runs a total of 128 Veterans Hospitals in the United States. Which is a good start coming from the Naval home hospital in 1812 and that may seem like a lot but you have to realize that is less than three per state and there is an estimated twenty three million veterans now, which means you have a total of 179,688 per hospital at the moment. This leads to many problems the Department of Veterans AffairsRead MorePost Traumatic Stress Disorder ( Ptsd )1045 Words   |  5 Pagesof the Leading Causes of High Unemployment Rates among U.S. Veterans† The newest face of Post-Traumatic Stress Disorder (PTSD) has manifested itself regularly into action packed movies, public scrutiny, and negative stereotypes by the media. The unfortunate truth surrounding PTSD is that employers are unenthusiastic about hiring veterans with these hidden disabilities. Unemployment rates in the United States amongst post 9/11 veterans have significantly increased and employers consider the conditionRead MoreStudent Veterans And Traditional Students995 Words   |  4 PagesAs the number of student veterans continues to increase within the university system, it is imperative to examine both the similarities and the differences between student veterans and traditional students (students without military experience), and what effect those differences may have on student veterans’ ability to succeed. We surveyed thirty undergraduates at the University of Alaska Anchorage, assessing their grade point average, age, hours spent studying, and various o ther factors which weRead MoreThe Epidemic Of Post Traumatic Stress Disorder Essay1694 Words   |  7 Pagesa crisis existing within its population of returning veterans. More and more, we see veterans of the war in Iraq, the war in Afghanistan, and the war on Terror, return with not only debilitating physical wounds, but longer lasting psychological wounds of war. Furthermore, there’s a stigma with mental health in the country which dictates; if you seek help for mental health issues, you’re weak. This isn’t only a problem amongst returning veterans, but all citizens. The returning warrior shouldn’t haveRead MoreAn Analysis Of The Red Convertible By Louise Erdrich1018 Words   |  5 PagesRed Convertible† by Louise Erdrich is a story the author uses to shed light on the effects of mental illness on Vietnam era returning combat veterans. The story includes the effects not just on the veterans, also on their family and community. The acceptance and treatment of mental illness in veterans takes on new meaning with the recent increase in veterans returning from extended periods of service suffering from the disease of mental illness. The treatment for mental illness in earlier times suchRead MoreAgent Orange : A Herbicide Mixture Used By The Us Military During The Vietnam War Essay1350 Words   |  6 PagesAgent Orange is a herbicide mixture used by the US military during the Vietnam War. (Agent Orange Vietnam War History). The Department of defense advance project (DARPA) had an important role in the U.S development of herbicides as a military weapon (usa.gov). The first large scale defoliation by the US military took place in Fort Drum using a chemical called agent purple and a spray system that was the model for the one used in Vietnam (Buckingham). The use of chemicals in war is considered biologicalRead MoreAmerican Military And Health Care1563 Words   |  7 Pages American Military Family and Health Care Serena Thorne Oklahoma Wesleyan University American Military Family and Health Care American military families today are faced with many challenges, more than what they faced 50 years ago. Insurance companies today are looking out for the bottom dollar instead of working for the patient and family. Military families are faced working with many different agencies to help care for their loved one. There are more family members keeping their family

Monday, December 16, 2019

The Case to Keep Drugs Illegal Free Essays

The Case to Keep Drugs Illegal The article, â€Å"Don’t Legalize Those Drugs†, by Barry McCaffrey was made to claim that the current United States policy against drugs is indeed successful and should not be abolished. McCaffrey claims, â€Å"Drug use imposes an unacceptable risk of harm on the user and others,† then proceeds to provide substantial support for this claim. He also claims â€Å"harm reduction†, or the softening of the drug laws, would have a negative effect on our countries well-being. We will write a custom essay sample on The Case to Keep Drugs Illegal or any similar topic only for you Order Now The strength of McCaffrey’s argument is his ability to support his claims. One of his main supports is that â€Å"Substance abuse wrecks families†. He then provides perceived facts about child maltreatment, death rates, and other problems in families with substance abuse issues. He also discusses crime outside of families and how having legal drugs, our crime rate would actually increase because people on drugs are more likely to commit crimes. He uses the statistic that says â€Å"in 1997, a third of state prisoners and about one in five federal prisoners said they had committed the crimes that led to incarceration while under the influence of drugs. † There are many warrants that connect McCaffrey’s evidence to his claim. The most obvious one is the accuracy of his sources. There are many facts that are based on percentages and surveys but there is not a clear sample size. How many people are being surveyed or where are the statistics being gathered are all valid questions. He also says that â€Å"studies show that the more a product is available and legitimized, the greater will be its use†. This needs many warrants, what study actually shows this and how can it be proven that use will be more common? Finally, he stands firm against â€Å"harm reduction† and claims this will make drug use greater, but one could definitely argue that â€Å"harm reduction† would help drug abuse. McCaffrey discusses how he believes drug policies can be improved without being abolished as a counter argument to those who believe the current system is unsuccessful. He talks about how prevention is the true solution to our country’s drug issues. Also, his defense to those who argue for choice, he says that we have agreed consistently against things that can cause harm to us. Fore example, wearing a helmet when on a motorcycle therefore, the drug issue is no different. Overall, this is a well written argument and McCaffrey does a great job supporting his claim and making claims against counter arguments. Works Cited McCaffrey, Barry R. â€Å"Don’t Legalize Those Drugs. † Washington Post June 1999, n. pag. Print. How to cite The Case to Keep Drugs Illegal, Essay examples

Sunday, December 8, 2019

Legal Studies Law of Agency

Question: Discuss about theLegal Studiesfor Law of Agency. Answer: Introduction In the present case, advised has to be provided to Tess, Paula and Sepal Co regarding the transactions that took place between the parties. Advice for Tess: in this case, Paula had expressly instructed Tess to buy 1200 climwits from Woddo Co as she needed them urgently. Paula also told Tess that the price should not exceed $12,000. However when Tess contacted Woddo Co, they told that they had no stock available at present. Under the circumstances, Tess contacted Sepal Co. they told Tess that they had a lot of stock of climwits but they sold only in lots of 1400. As they had not done any business dealings with Paula in the past, the were ready to sell to Tess only. In this regard, they were also ready to give a discount of 10% to Tess. Under these circumstances, an order was placed by Tess in her own name for purchasing 1400 climwits at a price of $16,000 along with a discount of 10%. However when Tess told Paula that she had purchased 1400 climwits from Sepal Co at the price of $16,000, Paula immediately contacted Sepal Co and told them that they should supply only 1200 climwits at a price of $12,000. Under the circumsta nces, the issue arises if the contract created by Tess with Sepal Co in her name can be enforced against Paula or in other words, if Paula is bound by this contract or not. For dealing with the presentation, it needs to be seen who can be considered as an agent. In this context, the law provides that any agent is the person who has been provided the authority to create legal relations between a third party and the principal (Shavell, 1980). Therefore, the relationship of agent in principle arises when the principal has allowed the agent to act on its behalf. In this context, the principal also owes certain contractual duties towards the agent. Therefore, while it is the duty of the agent to serve the principal obediently and loyally, it is also the duty of the principal to compensate the agent as agreed between them and also to protect and indemnify the agent against any claim, liability and the expenses that may have been incurred by the agent while performing the duties given by the principal. Advice for Paula: In view of the nature of agency relationship, there are liabilities for the principal and also for the agent regarding a third party. According to the agency law, generally the agent does not incur any liability under the contract when a contract is validly created between the principal and the third-party. On the other hand, in some cases, the agent may be held liable towards the third-party who has entered into a contract with the principal. Therefore in such cases, it can be held that the agent is liable towards the principal when the terms of the agency agreement have been breached by the agent. Similarly, the event can also be held to be liable towards the principal if the agent has acted negligently. There are a number of situations where the agent can be held liable towards a third party, and some of these situations depend on the fact if the presence of the principal has been disclosed by the agent to the third party. Therefore under the agency law, when the contractual agency arrangement has been breached by the agent, in such a case, legal action can be taken by the principal against the agent (Landes and Posner, 1987). Apart from the above mentioned liabilities, the law of agency provides that an agent can also be held liable for the tortious acts like negligence if the agent has failed to act within the scope of authority, express or implied or the apparent authority. In the present case, Paul authorized Tess to act on his behalf for purchasing 1200 climwits at a price of $12,000. Paula had also instructed Tess that she should buy the climwits from Woddo Co. But when they were not available with Woddo, Tess contacted Sepla Co and they told Tess that they have a large stock of climwits but they only sell in lots of 1400. At the same time, they also told Tess that as they had never dealt with Paul R., they will supply the Climwits to Tess only. At the same time, the price mentioned by Sepla Co was $16000 along with a discount of 10 percent. Advice for Sepla Co: In this context, the law provides that in case of the acts of the agent that fall within the actual or apparent authority of the agent, the agent cannot be held liable for these acts if the relationship of agency has been disclosed by the agent and at the same time, the identity of the principal has also been disclosed by the agent. On the other hand, the law of agency provides that when the agency has not been disclosed or partially disclosed, in such a case the agent as well as the principal will be held liable (Schiff, 1983). On the other hand, when the principal is not bound by the acts of the agent due to the lack of actual or apparent authority on part of the agent, such an agent will be held liable towards the third party in case of breaching the implied warranty of authority (Fishman, 1987). In the present case, Tess had disclosed the fact that she was acting as an agent of Paula when she wanted to purchase climwits from Sepla Co. Therefore, in the present case, the agreement formed by Tess can be enforced by Sepla Co against Paula. The issue that arises in this question is if Marco can set aside the contract that he has created with Ted. Hence, it has to be seen if an actionable misrepresentation has been made by Ted. It needs to be noted in this regard that the misrepresentation under common law overlaps with the statutory provisions related with misleading conduct. Therefore, the provisions of common law dealing with misrepresentation are practically relevant only when the provisions of Competition and Consumer Act, 2010 are not applicable or in other words, in noncommercial context. In this regard, the common law provides that an actionable pre-contractual misrepresentation is that would have been made by a party to the contract where such a party has made a false representation, whether orally or in writing or by conduct and the representation is of fact and therefore not a statement related with opinion of law or any prediction related with the future (Pentony et al., 2014). In this regard, it is also required that such a statement should have been made to the other party to the contract and similarly, the other body should have been induced by such a statement to enter into the contract. Whe re it has been established that the contract has been created on the basis of misrepresentation, the major remedy available to the other party is the recession of the contract. At this point, it also needs to be mentioned that generally damages are not awarded by the court in such cases unless the misrepresentation made by their party also amounts to a tort, or in other words it is fraudulent or negligent and therefore in such a case, damages under the tort law may be avoided by the court but they are not available under the contract (Dal Pont, 2008). Similarly, even when it has been established that a party to the contract has made misrepresentation, there are certain limits that have been imposed on the right to rescind the contract, for example, if it is not possible to restore the parties to the original position, the right to rescind the contract will not be available to the parties. In order to establish that a misrepresentation has been made by other party, the meaning of representation will be considered by the court by adopting an objective approach. Moreover, in such cases it is also required that the misrepresentation should be:- A statement of an existing or a past fact. It should be a positive misrepresentation. And There shall be reliance on the misrepresentation by the other party. Therefore the law requires that for the purpose of obtaining relief for a misrepresentation, it is required that the representation should be a statement that has been made regarding existing or a past fact. Therefore such a statement can be made by a party to the contract oraly or in writing or such statement can also be implied from the conduct of such a party. On the other hand, generally relief is not provided by the court in case of other types of statements like statements of opinion, statements that are mere puffs or the statements that are related with future intentions and the statements of law. In the same way, generally the relief will be provided by the court only when a representation has been made by the other party and it has proved to be false. This means that relief will not be provided by the courts for the failure to disclose something by the other party. However, there are certain exceptions present to this general rule, for example in cases where a duty of disclosure can be imposed on the other party. As mentioned above, in case of the pre-contractual misrepresentations, contractual remedies may be available under the common law or statutory remedies may also be available to the other party in accordance with the Competition and Consumer Act, 2010. Earlier, this legislation was known as the Trade Practices Act, 1974. However the provisions of CCA are being used more commonly because it is applicable in a wider range of circumstances and generally it is considered that this legislation provides better remedies. As mentioned above, in case of the pre-contractual misrepresentations, contractual remedies may be available under the common law or statutory remedies may also be available to the other party in accordance with the Competition and Consumer Act, 2010. Earlier, this legislation was known as the Trade Practices Act, 1974. However the provisions of CCA are being used more commonly because it is applicable in a wider range of circumstances and generally it is considered that this legislation provides better remedies. In the present case, the provisions of common law related with unconscionable conduct also need to be discussed. In this context, unconscionable conduct is also concerned with the transactions that take place between dominant and weaker parties as a result, it overlaps with provisions dealing with undue influence and duress. While unconscionable conduct has been prohibited by equity, recently there have been statutory provisions that also prohibit unconscionable conduct. According to equity, it will intervene if an advantage has been taken by one party, of the special disability from which the other party was suffering (Terry and Giugni, 2009). Such disability can be illiteracy, lack of education, advanced age or a combination of such factors. At the same time, it is also required that the transaction created by unconscionable conduct should be harsh and oppressive for the weaker party. Therefore when unconscionable conduct has been established, the weaker party has a choice to avoid such a transaction. Similarly the Australian Consumer Law also prohibits unconscionable conduct. These provisions are present in Part 2-2, ACL. These statutory prohibitions are also based on equitable notion of unconscionable conduct and in this way, they extend the range of remedies that may be available to the weaker party that hasn't suffered unconscionable conduct. In the present case also, Merco was a migrant worker who had arrived in Australia only seven months ago. At the same time, it also needs to be noted that Merco could not read or write English but he can hardly speak and understand English. This created a lot of problems for Merco at his workplace and therefore he has also joined an English-language program that was being conducted by the NSW government. Under these circumstances, Merco met the sales representative of Eddo Publishing Co. who told him regarding the monthly magazine being published by his employer. Ted claimed that a lot of teachers were using this magazine or teaching English in their classes while the reality was Ted only knew regarding one English teacher who was using this magazine. At the same time, Ted also made a statement to Merco according to which, a number of employers have recommended their migrant employees that they should get a subscription to this magazine. But in reality, this statement was not true. Te d made another untrue statement according to which, only a limited number of subscriptions were present and they were only given to the persons who were selected by Ted. In this way, as a result of the above-mentioned untrue statements, Merco became ready to enter into a contract with Ted for the subscription of the magazine. Then Ted asked Merco to sign a contract that had 90 clauses and was 10 pages in length. This contract included a provision according to which the subscriber has agreed for an additional fee to purchase binders for the copies of the magazine each year. The presence of this clause in the contract was not brought to the notice of Merco. Under these circumstances, Merco told Ted that he could not make out most of the clauses of the contract and therefore he would like to take the help of a solicitor friend who can explain the clauses of the contract to him. But Ted told Merco that there was nothing significant and if Ted waited for one more day, he will not get the subscription to the magazine. Under these circumstances, it can be said that Merco was induced by the untrue statements made by Ted to enter into the contract for the subscription of the magazine. As a result, Merco can rescind the contract as it has been created as a result of the misrepresentations made by Ted. References Dal Pont, G. E., 2008. Law of Agency, 2nd ed. Chatswood: LexisNexis Butterworths. Fishman, S. (1987) "Inherent Agency Power -- Should Enterprise Liability Apply to Agents' Unauthorized Contracts?" Rutgers Law Journal 19: 1 Landes, R. and Posner R. (1987) The Economic Structure of Tort Law , Cambridge, Mass.: Harvard University Press, 1987 Pentony. B., Graw, S., Lennard, J., and Parker, D., 2014, Understanding Business Law, 7th ed. Australia: Lexis Nexis. Schiff, M. (1983) "The Undisclosed Principal: An Anomaly in the Laws of Agency and Contract," Commercial Law Journal , May 1983, 88: 229-237 Shavell, S. (1980) "Strict Liability versus Negligence," Journal of Legal Studies , January 1980, 9:1-25. Terry, A., and Giugni, D., 2009. 'Business and the Law - 5th edition', Cengage, South Melbourne, Australia