Wednesday, January 29, 2020

Model Law on International Contracting Essay Example for Free

Model Law on International Contracting Essay Introduction E-commerce in commodity goods has existed for decades. Electronic contracts provided a new mechanism to form a relationship via Internet and now we see many commodity products being exchanged daily on the Web. The contract can respond not only to the parties but to changing conditions of some kind and then inform the parties of these new events or conditions. The electronic contract, in other words, connects the parties to each other and, if desired, to other people and to other sources of information in ways that are difficult to imagine with paper. Time, like space, seems to be out of place or even absent in the internet environment. Consequently, different jurisdictions and different laws have challenged some contract issues. Therefore, with the advent of the Web as the new commercial medium, traders and buyers alike should be aware of some basic principles of contract formation and how they apply to Web transactions. Mostly, the approved rules of paper contract continue to hold up in a purely internet exchange between parties to an agreement. The law does, however, draw the line at certain kinds of transactions which must be fulfilled. It is important before considering the particularities of the online world, to take a step back and examine contractual formation via Internet which is the background against which the relevant rules to the online world were established. Today all developed countries try to create a uniform commercial code for business over the Internet. The purpose of this is to design a uniform legal structure for electronic commercial bargains world-wide. Steps in this direction have been taken by the UNCITRAL Model Law on International Contracting, English Law, and the CISG Convention, which has developed a â€Å"model law on electronic commerce† for international contracts in electronic commerce. This work will consider rules and standards for electronic contract performance, define what constitutes valid electronic writing and the acceptability of electronic signatures for legal and commercial purposes under abovementioned laws. It will also discuss the main forms of contracts via Internet and define problems that appeared in the formation of electronic contract today. 3. Formation of contract over Internet 3. 1 The offer 3. 1. 1 Under English Law In English law an internet contract via a website is formed after an offer a determinate indication of the terms on which the offeror is prepared to be legally bound is accepted by the offeree the person to whom the offer has been made . If the email of acceptance does not vary the terms fixed in the email of offer, a contract will be formed by the second email. An offer may be to the world in general in which case anyone may accept it or to a particular person in which case only they can accept it . At English law, a contract is concluded when an offer is accepted. Although this rule appears simple, there have been many conflicts over how to distinguish and identify invitations to treat, offers and acceptances. English common law traditionally classifies an offer as a statement by one party of his or her willingness to enter into a contract on stated terms, provided that these terms are accepted by the party to whom the offer is addressed; whereas an invitation to treat is simply an expression of willingness to enter into discussion which, it is hoped, will lead to the conclusion of a contract at a later date . Therefore advertisement of goods on the website will come only to an invitation to treat. Only when a buyer notifies about his intention to buy something from the site, the offer will only be formed. After this the seller can accept or refuse that offer. Under English Law an offer must be clear and complete and afford a distinct indication of the offeror’s intents . The offer must contemplate acceptance and a consequent obligation or obligations. An advertisement is considered as a mere invitation to do business and it is not an offer. An offeror is legally bound by the terms of the contract once his offer is accepted; while one who makes an invitation to treat is clearly free to accept (and thus form a contract) or to reject any offers that result from it, without any legal consequences.

Monday, January 20, 2020

Jackie Robinson Essay -- essays research papers

Baseball has always been America’s national pastime. In the early and all the way into the mid 50’s, baseball was America and America was baseball. The only thing lacking in the great game was the absence of African American players and the presence of an all white sport. America still wasn’t friendly or accepted the African American race and many still held great prejudice towards them. All this would change when the general manager of the Brooklyn Dodgers, Branch Rickey decided he was going to sign a Negro player. Jackie Robinson was that player and Jackie Robinson changed the game, America, and history. By looking specifically at his childhood adversity, college life and the hardships he encountered by becoming the first black player in the game, it will be shown why Jackie Robinson is a great American story and hero. Jackie Robinson was born in Cairo, Georgia to a family of sharecroppers and then moved to Pasadena, California. His mother Millie raised Jackie and four others single-handedly in a neighborhood where they were the only blacks on the block (Duckett 19). In Pasadena is where Jackie would first realize his color would bring him much grief and heartache in the many coming years. Here, Jackie grew up poor, on a good day he would get two meals a day, but usually depended on the leftovers his mother could bring home from work. Many of the whites in the neighborhood and surrounding areas would try to buy them out, beg them to move, and threaten them if they didn’t. The Robinson’s stayed strong and never budged as they were determined to stay (Duckett 21). Jackie would move on to bigger and better things as Jackie stared in high school athletics and moved onto college. Pasadena Junior College was Jackie’s first stop as he enrolled into a very liberal school which did deal with blacks better than most. This was overshadowed by his brother being there and being known as the country’s premier amateur sprinter (Daniels 68). Here Jackie quickly developed into a star baseball player and athlete and quickly became known as a great athlete, but most importantly his baseball game was taking off. Jackie also developed a great love for football here and could have been just as good, if not his first love of baseball. Jackie spent 1937 to 1939 at PJC and then moved on to his next greatest achievement, UCLA. Jackie ended many months of rumors, anticipation, ... ...resident Bill Clinton, the First Lady and Jackie Robinson’s wife, Major League Baseball Commissioner Bud Selig announced that number 42, the number of Jackie Robinson, would never be worn again and retired in all 30 major league baseball stadiums. In honor of the 50th year anniversary of Robinson breaking the color barrier, all teams wore commemorative patches on their uniforms to honor Robinson. The legend of Jackie Robinson will never be forgotten, as his memory will forever be here as a reminder of his achievements. The doors he opened for so many can never be closed. America is about Freedom and Jackie Robinson is symbolic of freedom and life. Roy Campanella best said it about Jackie and freedom, â€Å"When Jackie took the field, something within us reminded us of our birthright to be free† (Chadwick 352). There are very few who have had the impact on a game, history, and America as Robinson did. He touched more lives then anyone of his time. Many people feel a person’s life is judged on what they did for others, well Jackie Robinson’s life was a success. â€Å"A life is not important except the impact it has on others† (Chadwick 417). Thank you Jackie, you are gone but not forgotten.

Sunday, January 12, 2020

“How Jews Became White Folk” by Karen Brodkin Essay

In her book â€Å"How Jews Became White Folk†, Karen Brodkin examines the question of how Jews came to be regarded as White. She does this by first explaining how Jews were racially categorized prior to this time, and how they were considered to be inferior to the white race. Whiteness is and has always relied on continually renegotiated interpretations; that has more to do with ones social class rather than skin color. The argument that Brodkin presents is that the claim of whiteness are extended to certain races or ethnic groups at certain times, and that the past experiences of these groups cannot wipe away such indisputable social facts. Brodkin believes that the only way to successfully assimilate into the United States is by becoming â€Å"white†. What does it mean to be â€Å"white†? The history of the United States clearly â€Å"shows changing notions of whiteness to be part of America’s larger system of institutional racism.† (Brodkin, 1994). Being â€Å"white† has its advantages, just as it has its downfalls; I guess you can say it is a double edge sword. To be accepted into the dominant class one may have to shed part of their identity; yet, the rewards for doing this are not what one expects them to be. Yet, what is interesting is how the shift of Jews from being categorized from racial other, to not-quite-white, to white shows us how race in the United States has been constructed. She then goes on to insist that after WWII Jews had increasingly profited from the assortment of social policies set up to aid the rising middle class, like providing them with financial support to pay for their education and loans for houses from the Federal Housing Administration (Brodkin, 1994). She describes the G.I. Bill as â€Å"†the most massive affirmative action program in American history† (Brodkin, 1994). What we need to take into consideration is that these social policies were not extended in the same proportion to African Americans and Latinos. Both groups were denied loans to buy their houses and when they were approved for a loan, they would be approved for lesser amounts; therefore restricting them from living amongst â€Å"whites†. While Jews have in fact been successful in assimilating into the white America, others have not been successful. One example of this is Latino  immigrants, not because they don’t want to but rather it comes from bad past experiences. They are expected to assimilate, but at the same time they are denied legal status and even worst they face the change of being deported at any time. In addition, what many fail to understand is the Latinos, especially Mexicans and African Americans have a much different and unique role within the United States, quite different than Jews or Italians will ever have. To begin, those of us with Latino blood in us have a history that in one way or another originates from this land, something that no white person can claim. As a conquered people we will always remain a threat to whites. African Americans on the other hand were brought by force from another continent only to become slave labor and although their roots are in Africa; this is the only land they have ever known. How Jews Became White Folk does an excellent job at making the reader reflect these unique roles that we have had to take with our society, I would have wanted for Brodkin to elaborate a little more on the definition of whiteness. We can only make that conclusion on our own. Works Cited: Karen, Brodkin (1994). How Jews Became White Folks & What That Says About Race in America. New Brunswick: Rutgers University Press.

Saturday, January 4, 2020

Reasearch on the Brain Functions of Autistic Children

In the late 1990’s, researchers from the University of California, San Diego wanted to know if there was connection between mirror neurons and autism.1 They hypothesized that since these neurons play a role in a person’s ability to feel empathy, they found it sensible to think it might be the cause of autistic symptoms.1 Autism is a disorder found among children where areas of the brain fail to work thus makes it difficult for individuals to communicate.4 A researcher, Giacomo Rizzolatti at the University of Parma Italy, conducted a study in the 1990’s studying Macacas. His group studied the motor command neuron from the premotor cortex. The neuron is part of the frontal lobe that is responsible for voluntary movements. Electrodes were hooked up to the brain and the macacas had to perform goal oriented actions.1 When a macaca reached for a peanut, the same exact neuron from another monkey observing them was fired also. This action surprised Giacomo and his colleagues. They found out the neuron is also found in the same regions as the human cortex1. Further research of the mirror neurons were shown to be located in different parts of the brain such as the insular and cingulate cortices. They found out that the neurons at the anterior cingulate cortex are fired when a person is in pain and the same goes for the person who watches them1. It was concluded that mirror neurons are seen to be performing similar functions that is found in autism meaning that if there was aShow MoreRelatedAutism Essay1317 Words   |  6 PagesGreen Mr. Van Boening English 12 Block 8 6 October 2014 Autism Spectrum Disorder Autistic children experience the world a lot more differently than others. For example, children with autism are not capable of using words, and have a hard time communicating in general by any means. Specific sounds, like loud crashes and yelling, would bother an autistic child that wouldn’t normally bother a child that wasn’t autistic. We need to learn more about autism so we can handle it, as it is the fastest growing