Judicial Decisions Essay Example | Topics and Well Written Essays - 3000 words

Judicial Decisions - Essay Example In addition to this there seems to be differing schemes protecting both the landlord and the tenants found in the distinction of the equitable and legal leases. The distinction becomes extremely important as if an interest in land is found to be a lease then one is protected by the Rent Acts, while the licence seems to encompass only limited rights as according to the terms of the arrangement between the parties with minimal state intervention. It is one of the fundamental themes in accepting what a lease is that the period identified in the arrangement between the landlord and the occupier is for a fixed term. In Lace V. Chantler [1944], it was held that a lease for the duration of a war was not a certain period as one could not surely envisage when the war would be over, thus this would be a licence revocable when the war would be over. However, even a short term, for instance a month to month agreement would seem to be satisfying the requirements of the LPA 1925 as each party holds power by notice to determine the continuity of the lease at the end of each month and this saves the arrangement from being uncertain. (Prudential Assurance Co. Ltd v London Residuary Board [1992]) Even time sharing agreements have been held to be tenancies recently (Cottage Holiday Associates Ltd v. Customs and Excise Commissioners [1983], Smallwood V. Sheppards [1895]). Perhaps even here, the underlying fact remains the intention of the par ty which could be evidenced by virtue of the mode of payment and the time period even though this is not an essential element (Ashburn Anstall v. Arnold [1989]). The concept of exclusive possession is also a very important one in the determination of a lease. Essentially, where the occupier could exclude anyone at all and is free to use the land as he wants subject to certain restrictions, this arrangement could easily be termed as a lease. Where a landlord had rights reserved to enter the premises, empty meters and change linen, it was held to be a licence (Appah v. Parncliffe Investments [1964]. A similar analogy could be drawn with the occupation of rooms in hotels and motels. It is normally quite clear to the occupier that he does not have the rights of a tenant with regards to the room he is occupying and his rights only stem from and are limited to the service contract concluded between him and the hotel, etc. Hence, the traditional distinction between a lease and a licenc

Price Test Triggers Outrage on Internet :: Essays Papers

Price Test Triggers Outrage on Internet Will dynamic pricing become the next trend in e-commerce? Maybe, to unsuspecting consumers, it already is. The Internet provides consumers with many shopping advantages including the ease and availability of shopping from home, and the benefit of easily comparing merchandise and prices at various online retail locations. Dynamic pricing is a process where retailers (in this case, online) adjust their pricing according to information directly related to the purchasing consumer, or the conditions around them. An example of dynamic pricing in the physical world might be the local coffee shop charging more for hot coffee in the wintertime. This seems rather harmless, does it not? In e-commerce this kind of price fixing is worrisome because of the type of information a web site developer can retrieve from, or add to a visitor's computer using a variety of programming tools. There are few laws or regulations governing the use of the Internet, or protecting consumers' privacy. This c reates a wide open door for online marketing schemes that take advantage of, or deceive the consumer. David Sheffield, or the Washington Post, writes that Amazon.com, one of the leading online retailers, has been implementing a questionable pricing test. Using advanced technology, Amazon was able to place an electronic tag into the computer systems of all their web site visitors. When a consumer visited their web site, it would look for that tag on the visitors system to see if the visitor is a new or existing customer. By knowing this, the site would know what prices to display. Though one would think the repeat customer would benefit from this by getting price breaks, it was actually just the opposite. Amazon.com was charging higher prices for returning customers! Bill Curry, spokesman for Amazon.com, is quoted as saying the price test "was done to determine consumers' responses to different discount levels." However, in an email exchange with a DVDTalk member, an Amazon customer service representative stated "I would first like to send along my most sincere apology for any confusion or frustration caused by our dynamic price test". Whether it was dynamic pricing, or not, the deeper issue of consumers' online privacy still remains. Amazon.com was able to perform this "price test" because of a lack of laws regulating e-commerce, and consumer privacy. There are only a few laws now pertaining directly to Internet related issues, and most of these are state laws, not national. Price Test Triggers Outrage on Internet :: Essays Papers Price Test Triggers Outrage on Internet Will dynamic pricing become the next trend in e-commerce? Maybe, to unsuspecting consumers, it already is. The Internet provides consumers with many shopping advantages including the ease and availability of shopping from home, and the benefit of easily comparing merchandise and prices at various online retail locations. Dynamic pricing is a process where retailers (in this case, online) adjust their pricing according to information directly related to the purchasing consumer, or the conditions around them. An example of dynamic pricing in the physical world might be the local coffee shop charging more for hot coffee in the wintertime. This seems rather harmless, does it not? In e-commerce this kind of price fixing is worrisome because of the type of information a web site developer can retrieve from, or add to a visitor's computer using a variety of programming tools. There are few laws or regulations governing the use of the Internet, or protecting consumers' privacy. This c reates a wide open door for online marketing schemes that take advantage of, or deceive the consumer. David Sheffield, or the Washington Post, writes that Amazon.com, one of the leading online retailers, has been implementing a questionable pricing test. Using advanced technology, Amazon was able to place an electronic tag into the computer systems of all their web site visitors. When a consumer visited their web site, it would look for that tag on the visitors system to see if the visitor is a new or existing customer. By knowing this, the site would know what prices to display. Though one would think the repeat customer would benefit from this by getting price breaks, it was actually just the opposite. Amazon.com was charging higher prices for returning customers! Bill Curry, spokesman for Amazon.com, is quoted as saying the price test "was done to determine consumers' responses to different discount levels." However, in an email exchange with a DVDTalk member, an Amazon customer service representative stated "I would first like to send along my most sincere apology for any confusion or frustration caused by our dynamic price test". Whether it was dynamic pricing, or not, the deeper issue of consumers' online privacy still remains. Amazon.com was able to perform this "price test" because of a lack of laws regulating e-commerce, and consumer privacy. There are only a few laws now pertaining directly to Internet related issues, and most of these are state laws, not national.

Junot Diaz Biography

Junot Diaz was born in the Dominican Republic and raised New Jersey. He is a creative writing teacher at MIT and fiction editor at the Boston Review. He also serves on the board of advisers for the Freedom University, a Volunteer organization in Georgia that provides post-secondary instruction to undocumented immigrants. From what I have read I have gathered that he really had to rely on himself. Getting him through college working the jobs where you have to do the dirty work, dishes, and pumping-gas. Supposedly Drown reflects Diaz’s strained relationship with his own father, with whom he no longer keeps in contact with. Diaz was born in Villa Juana, a neighborhood in Santo Domingo, Dominican Republic. He was the third child in a family of five.Through most of his childhood he lived with his mother and grandparents while his father worked in the United States. Diaz emigrated to Parlin, New Jersey, in December of 1974, where he was able to reunite with his father. He lived clos e to what he considered one of the largest landfills in New Jersey. His short fiction has appeared in The New Yorker magazine, which listed him as one of the 20 top writers for the 21st century.He has also been published in Story, The Paris Review, and in the anthologies The Best American Short Stories four times (1996, 1997, 1999, 2000), The PEN/O. Henry Prize Stories (2009), and African Voices. He is best known for his two major works: the short story collection Drown (1996) and the novel The Brief Wondrous Life of Oscar Wao (2007). Both were published to critical acclaim and he won the 2008 Pulitzer Prize for Fiction for the latter. Diaz himself has described his writing style as â€Å"[†¦] a disobedient child of New Jersey and the Dominican Republic if that can be possibly imagined with way too much education.†Dà ­az has received a Eugene McDermott Award, a fellowship from the John Simon Guggenheim Memorial Foundation, a Lila Acheson Wallace Readers Digest Award, th e 2002 PEN/Malamud Award, the 2003 US-Japan Creative Artist Fellowship from the National Endowment for the Arts, a fellowship at the Radcliffe Institute for Advanced Study at Harvard University and the Rome Prize from the American Academy of Arts and Letters. He was selected as one of the 39 most important Latin American writers under the age of 39 by the Bogotà ¡ World Book Capital and the Hay Festival.[18] In September 2007, Miramax acquired the rights for a film adaptation of The Brief Wondrous Life of Oscar Wao.The stories  in Drown focus on the teenage narrator's impoverished, fatherless youth in the Dominican Republic and his struggle adapting to his new life in New Jersey. Reviews were generally strong but not without complaints. Dà ­az read twice for PRI's This American Life: â€Å"Edison, New Jersey† in 1997 and â€Å"How to Date a Browngirl, Blackgirl, Whitegirl, or Halfie† in 1998. Dà ­az also published a Spanish translation of' Drown, entitled Negocios . The arrival of his novel (The Brief Wondrous Life of Oscar Wao) in 2007 prompted a noticeable re-appraisal of Dà ­az's earlier work.Drown became widely recognized as an important landmark in contemporary literature—ten years after its initial publication—even by critics who had either entirely ignored the book or had given it poor reviews. The Brief Wondrous Life of Oscar Wao was published in September 2007. New York Times critic Michiko Kakutani characterized Dà ­az's writing in the novel as: a sort of streetwise brand of Spanglish that even the most monolingual reader can easily inhale: lots of flash words and razzle-dazzle talk, lots of body language on the sentences, lots of David Foster Wallace-esque footnotes and asides.And he conjures with seemingly effortless aplomb the two worlds his characters inhabit: the Dominican Republic, the ghost-haunted motherland that shapes their nightmares and their dreams; and America (a.k.a. New Jersey), the land of freedom an d hope and not-so-shiny possibilities that they’ve fled to as part of the great Dominican diaspora. Dà ­az said about the protagonist of the novel, â€Å"Oscar was a composite of all the nerds that I grew up with who didn’t have that special reservoir of masculine privilege. Oscar was who I would have been if it had not been for my father or my brother or my own willingness to fight or my own inability to fit into any category easily.† He also has said that he sees a meaningful and fitting connection between the science fiction and/or epic literary genres and the multi-faceted immigrant experience.

Learning Technologies in Adult Education Essay - 1947 Words

Learning Technologies in Adult Education Any tool â€Å"designed to extend a learner’s capacity for effective action and that requires skill and certain strategies to use efficiently† is a learning technology (Burge 2001, p. 146). A well-structured face-to-face group discussion, a pencil, and print materials fit this definition as do newer tools such as web-based conferencing (ibid.). One of the greatest myths surrounding learning technologies is related to what they are. Because of the term technology, it is frequently believed that learning technologies are instructional devices that make use of computers, the Internet, or some other type of electronic technology such as video and television. Newer learning technologies are changing†¦show more content†¦2001). Although frequently thought of as merely a delivery system, the role of technology should be to create an environment that facilitates learning (Olgren 2000). No amount of hardware and software can substitute for a poorly designed learning experience (Wagner 2001). In considering and choosing learning technologies, the emphasis should always be on learning, with technology playing a supporting role. Furthermore, no single technology is the answer to all teaching and learning needs. â€Å"Current pressures to put all the course materials on the web, for example, is too simplistic an answer to very complex questions about learning style differences, the kinds and levels of learning objectives and outcomes, the learning resources best suited to those objectives, the communications infrastructure in place or needed, and limits to the money and staff skills available† (Burge 1999, p. 2). Learning Technologies Are Neutral? Another myth surrounding learning technologies is that they are neutral, that is, they are separate from the social structures in which they are designed and they have no influence on the teaching and learning environment (Miller 2001). Although questions about which technologies to choose to accomplish â€Å"pedagogical and intellectual purposes† are important, â€Å"the larger question of the imperatives of the technology itself and how these shape what we do, how we think about ourselves, and what we do†Show MoreRelated The Case for Technology Essay1710 Words   |  7 Pages Technology permeates our society. In work settings, employees are expected to use computers for such tasks as communication, information management, problem-solving, and information seeking. Because technology is such an integral part of modern life, it behooves educators to prepare learners to use it effectively. 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