Tuesday, February 21, 2012

What rule does Mayor break in The Book of Unknown Americans?

In the novel The Book of Unknown Americans, Mayor Toro is deeply in love with Maribel Rivera. Because of the events of the novel and some misunderstanding, Mayor is forbidden from seeing Maribel. It is presumed that Mayor is taking advantage of her, and, as she had been sexually abused earlier in the novel, her parents are extremely wary of letting her around boys in general, especially Mayor because of their incorrect assumption that he had harmed her.
So, Mayor steals his father's car one day so that he can go see her, and he convinces her to leave school for the day, making up a story so she can leave without getting in trouble. This action leads to Mayor being strictly punished and reprimanded.

Monday, February 20, 2012

What is the significance of smiling in Julius Caesar?

It seems to have been one of Shakespeare's favorite observations that just because someone smiles does not mean they are innocent or friendly. In Act IV, Scene 1, Antony, a "shrewd contriver," recognizes the danger in the many seemingly friendly people he sees around him. And Octavius agrees as follows:
And some that smile have in their hearts, I fear,
Millions of mischiefs.
In the conference on the battlefield at Philippi of Antony and Octavius with Brutus and Cassius in Act V, Scene 1, Antony describes how all the conspirators were smiling just before they turned on Caesar:
You show'd your teeth like apes, and fawn'd like hounds...
In Macbeth, Act II, Scene 3, Donalbain tells his brother:
To Ireland, I; our separated fortune
Shall keep us both the safer. Where we are

There's daggers in men's smiles: the near in blood,
The nearer bloody.
Hamlet seems to make an important discovery about human nature when he reflects on the interview he just had with his father's ghost in Act I, Scene 5.
O villain, villain, smiling, damned villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
Shakespeare has given all of us fair warning that we shouldn't always take people's smiles at face value.

Discuss promissory estoppel.

It its most basic terms, promissory estoppel “estopps” a person from benefitting from another’s reliance on a broken promise. In contract law, it can be substituted for consideration. Consideration is one of the three elements that must be present in order to create a contract. The other two elements are offer and acceptance. Consideration is usually money but does not have to be. For example, let’s say you are a seller and you state “I will sell you this fan if you promise to give me $100.” The buyer gives you the $100 in exchange for the fan. The consideration in this example is the $100. There must be a bargain from the promisor (the one making the promise) or a detriment to the promisee (the one giving up something) for there to be consideration. Thus, there must be an exchange of promises for consideration to be present.
However, there may not always be consideration and this is where promissory estoppel can be used to seek recovery. For promissory estoppel to apply, there first must be a promise. Next, the promisee’s reliance on the promise must have been reasonably foreseeable to the promisor. Also, there must have been actual reliance on the promise. Finally, only by enforcing the promise can injustice be avoided. All of these four elements must be met in order to apply this doctrine. In Ricketts v Scothorn (77 N.W. 365, 367), a grandfather promised to give his granddaughter $2000 plus interest so that she would not have to work like his other grandchildren. Here, there was no consideration to support this promise and the executor of the estate was “estopped” from alleging a lack of consideration as a basis for terminating the contract. Because the promisee here, the granddaughter, was induced into quitting her job based on this promise, the court held it would be grossly inequitable to dismiss it because there was no consideration. The doctrine has since evolved to not only include cases where there is no consideration but can also be a viable remedy for enforcing a contract by treating the promisee’s reliance alone as a separate and allowable basis for recovery.


Firstly, it is important to understand the term 'estoppel.' Essentially, an estoppel is a concept and legal term that will prevent someone from denying or contradicting something that they had said or done in the past. It is used as a legal tool to ensure that no one is left at a disadvantage because of someone else's inconsistencies or attempt to skew the truth.
Now, a promissory estoppel is a type of estoppel that prevents someone from doing or acting in a way that goes against something that they had already promised to do, whether it was in a formal or informal manner. This type of estoppel is usually found in a contract. Say you sign a lease contract that says you must pay your rent on the first day of every month; this is a promissory estoppel that ensures you will do what you promise to do in your lease.
A promissory estoppel is only used when the hypothetical breaking of whatever promise was made would be extremely detrimental, whether financially or otherwise, to one of the parties involved.

Sunday, February 19, 2012

What is the essence of chapter 28, "We Are All Americans," in Battle Cry of Freedom?

The essence of chapter 28, "We Are All Americans," is the end of the Civil War and how the passage of the Thirteenth Amendment affected the government, the slaves, and the South. The chapter also discusses the Confederacy's movement toward arming slaves and having them fight on the battlefields.
The people in favor of arming slaves began to take precedence. One important person who supported it was Robert E. Lee. He also believed that the ones who served should be freed. However, many Southerners believed it would upset the social structure of the South. The chapter uses its first section to discuss the topic and says that ultimately the black men who were made to serve never saw battle and were not freed by the South.
The second section discusses the Thirteenth Amendment and how Lincoln saw his reelection as a "mandate" for its passage. He wanted both Democrats and Republicans to vote for it even though Republicans would have control of the legislature in the next Congress. The vote passed 119 to 56. The author notes that black people were there in the congressional galleries to hear about the passage of the amendment, which was important because they were barred from it until 1864. It also discusses the Freedman's Bureau and Lincoln's movement toward the left on the political spectrum.
The third and final section talks about how Ulysses S. Grant and the Northern Army took Richmond back. According to the author, President Lincoln visited and was celebrated by the now-freed slaves there; some of them even touched him to be positive he was real. He told one man not to kneel to him, because he was free and should only kneel before God. General Lee surrendered at Appomattox Courthouse. The chapter discusses the reaction of the country to the end of the war and ends with a threat against President Lincoln by John Wilkes Booth.

How do you see the theme of greed in Treasure Island?

The treasure in Treasure Island is initially a concept only, represented by a map. The map itself is like a portal to gold’s power, and, like the ring in Lord of the Rings, Captain Flint’s map signifies a glittering objective, its particular allure subjective to its beholder. Jim sees it as an invitation to wild adventure and romance, as he’s been hitherto grounded at an inn with his mother. To Jim’s advisors, Dr. Livesey and Squire Trelawney, the map touches off an exploratory zeal: of course they’re driven to mount an expedition in an attempt to recover the sea chest.
To a lesser extent to that of the pirates, greed is an influencial force underscoring Jim’s and the upright adults’ visions. Jim realizes on the island that he’s been susceptible to flattery, by the “abominable old rogue” Silver, for example. He and the Squire and the Doctor are like the marks that a con man targets, exploited for their weakness.
And to Long John Silver and his motley crew, Flint’s treasure is one more conquest along the spectrum of life-or-death power struggle to massive pay-off that’s pretty much intrinsic to the whole pirating enterprise. As Silver says, “Lambs wasn’t the word for Flint’s old buccaneers.”

Here is is about gentlemen of fortune (Silver’s euphemism for pirates), they lives rough, and they risk swinging, they they eat and drink like fighting cocks, and when a cruise is done, why, it’s hundreds of pounds instead of hundreds of farthings in his pockets.

When splinter groups of mutinous crewmen plot, drunkenly betray and kill each other, it’s because of the loot at the heart of it. Silver is older, farsighted, and accustomed to treatury. But the actual material goal is less the point than what people are willing to do, or do to others, to aquire it.

What does each level of government face as challenges in the developing relationships between local, state, and federal government?

The most fundamental challenge in the developing relationship between different levels of government in the United States is the evolving definition and view of federalism.
The relationship between federal governmental authority and responsibility on one hand, and that of the states and the local governments they created on the other, was defined by the concept of dual federalism in the early history of the United States. Dual federalism saw each component's duties effectively placed into self-contained silos.
Since the Civil War, but more intently since the New Deal, this relationship has evolved into what has been called cooperative federalism. In cooperative federalism, the different levels of government do not have duties that exist independent of other levels but, instead, overlap. The challenges this presents are two-fold.
First, cooperative federalism tends to favor the federal government over those of the states and localities. That is, the responsibilities of the federal government are more likely to spill into areas traditionally reserved for the states and localities than visa versa. This has been derisively called "one-way cooperative federalism."
Second, cooperative federalism does not have clearly defined limits and is in a state of continuous evolution, creating the need for continuous case law creation to determine its boundaries.
http://arizonastatelawjournal.org/wp-content/uploads/2017/11/Kincaid_Pub.pdf

Describe what assignment day is in The City of Ember.

In the novel The City of Ember, Assignment Day is the day kids graduate from their schooling. At the end of their education, they are assigned a job, which they must report to regardless of their preference. These jobs are essentially doled out at random, and many people end up in fields they don't care for.
The two main characters, Lina and Doon, are assigned jobs as Pipeworks Laborer and Messenger, respectively, but neither of them like their particular assignments. So, the two switch, which sets off the events of the novel. This "assignment" trend is similar to many other dystopian or youth fiction novels, where characters are sorted or divided and put into specialized groups essentially against their will, like in Harry Potter, the Divergent Series, and other books.

What is the theme of the chapter Lead?

Primo Levi's complex probing of the Holocaust, including his survival of Auschwitz and pre- and post-war life, is organized around indiv...