Legal Case Briefs x 3 ( Terry v. Ohio, Katz v. United States, Essay

Legal Case Briefs x 3 ( Terry v. Ohio, Katz v. United States, Tennessee v Garner) - Essay Example The three men were incoherent in their response. That prompted the detective to accost Terry, turn him around and discovered a pistol which he was not able to seize at the moment. He then made the three men to enter the store hands raised, and then frisked Chilton and Kartz. The detective recovered a .38 calibre revolver from the pocket of Chilton’s overcoat on the outside. He did not search the outer clothing of Kartz because he did not suspect him to be armed when he lightly frisked him. The detective as a result of discovery of the weapons arrested the three and charged Terry and Chilton with carrying concealed weapons under Ohio laws and rules. Procedural history Trial court- passed verdict of guilty and convicted. Court of appeal – affirmed conviction. Supreme court- upheld affirmation of appellate court. Issue Admissibility of evidence obtained from suspects without warrants under the fourth amendment if the hunt was restrained /limited and reasonable grounds to s uspect danger depending on the prevailing circumstances before actual proof is obtained. Holding It was proper to stop and frisk the suspects if the police had reasonable grounds of suspicion and it was not contrary to the fourth amendment of unreasonable searches and seizures and that the rule was applicable both privately and in public places. Reasoning Brinegar v. United States 338 U.S. 160 (1949) In as much as probable cause standards are meant to guard citizens against unlawful interference by law enforcement officers, they are also meant to aid law enforcement. A balance has to be struck between allowing the officers too much discretion and what is reasonably practicable under the prevailing circumstances. Application Even though the law provides protection for individuals and guards privacy under the fourth amendment, it must be understood that circumstances arise where it is reasonably practicable to allow personal intrusion for effective law enforcement. The standards of pr obable cause must be regarded in determination of whether arrests without warrants are constitutional or not. Conclusion Activities by law enforcement officers that may seem to be a infringement of the Fourth Amendment in relation to searches and seizures depends on the prevailing circumstances under which the events occur and the reasonableness of actions taken by the law enforcement officers. In order to enhance community protection, law enforcement officers must be allowed certain powers but only which are necessary and not excessive. 2. CASE TITLE: Tennessee v Garner CITATION: 471 U.S.1 (1985) Facts Two Memphis police officers, Wright and Hymon responded to a call October 3, 1974 at a quarter to 11 pm. On arrival at the scene, a woman gestured at the next house and explained to them that she had heard the sound of breaking glass and that it was probably a house break in the neighbour’s house. Hymon positioned himself behind the house as Wright confirmed their presence at the scene to the dispatch scene by radio call. Hyman first heard the sound of a slamming door and saw the suspect fleeing across the backyard. The suspect made a stop at a 6-feet- tall chain link fence. Hyman by the aid of a flashlight could see the suspect and reasonably concluded that he was unarmed, about 17/18 years old and about 5’5’’ or 5’7’’ tall. Hyman called on him to stop but he proceeded to scale the fence.

Implementing Green Technology In Malaysian Construction Industry Environmental Sciences Essay

Implementing Green Technology In Malaysian Construction Industry Environmental Sciences Essay This study covers the research on challenges of implementing green technology in Malaysian construction industry. This chapter comprises of background of the study, problem statement, objectives of study, significance of study, research methodology, and limitations of study, organisation of chapter and summary. 1.2 Background of the Study Green is a term that refers to something that environmental friendly in which helps to tackle global warming and climate change. Technology utilizes these green features are known as green technology. According to Kutting (2000), green technology is used synonymously with terms environmental technology or clean technology and can be said to refer to technologies that aim to have little impact on the environment. This technology is an idea and understanding found to be exceptionally beneficial to the environment as it can reduce greenhouses gases release to the atmosphere which in turn causes warming of the earth drastically. Humans these days have already gain awareness and deep understanding that these catastrophic disasters are now affecting their life that they persist in non-stop invention of many environmental-friendly technologies and retail them in the market. They comprehend this technology can reduce impact of activities that causes global warming and climate change. According to Rogier (2012), environmentally friendly technology utilizes many methods for reducing the impact that various activities have upon the earth. There are many types of green technology products available in the market that generate low level of waste and pollution such as solar photovoltaic panel, wind turbine and rain harvesting as stated by Rogier (2012), to be considered environmentally friendly, a product or action should be sustainable, produce as little waste and pollution as possible, and utilize the recycling and reuse of materials whenever possible. Nowadays, green technology plays important roles in the construction industry become part of the construction industry. Green technology such as solar panels and energy efficient appliances become essential features in the building. Besides, renewable and sustainable materials are integrated with these elements to make the building green or so-called green building. 1.3 Problem Statement The worlds climate has changed dramatically and confronted with many climatic problems since the birth of the Earth. This has proven when Bernstein (2007) states that warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level. Human nowadays are attempting to uncover answers to preclude the large-scale disaster. One measure ascertain to mankind is technology of more towards environmental friendly approach or known as green technology. In the beginning of 21st century, numerous advanced nations adopted the expansive utilization of green technology as they deem its capability in halting the global catastrophic disaster. The implementations to the building, vehicles and electronics have been developed among them. The encouragement and awareness of their populace enable the green technology industry to boost up the production. It differs to lower economical developed countries such as Malaysia; the challenges are superb when implementing green technology principally construction industry. Green technology is the decent invention to reduce level of carbon emission from buildings in Malaysia but all at once restrain the developers and contractors to apply it in Malaysian construction industry. The reasons are the high cost and minimal availability in the market. However, it is not necessarily that green technology involves with high expenses. Green technology need not be high-tech. It can be simple technology but still saves energy or creates very little environmental impact and can be easily used (Singh, 2010). Not only that the cost is the issue, also the local banks in Malaysia also are unwilling to risk in providing loan towards green incentives. Commercial banks were reluctant to disburse loans for green technology-related projects in Malaysia due to the possible lack of confidence in such ventures (Najib, 2010). 1.4 Objectives of the Study The aim of this dissertation is to explore about the challenges of implementing green technology in Malaysia construction industry. In order to achieve this aim the following objectives are recognized: To comprehend the low level of green technology resources. To understand scarce of financial initiatives in supporting green technology. To examine low level of knowledge among construction players and other related parties on green technology. 1.5 Significance of Study This study is expected to identify the challenges of implementing green technology in Malaysian construction industry. This finding eventually undertakes the problems encountered to implement green technology in Malaysian construction industry. It also assists paradigm shift to migrate from traditional construction to cleaner and greener construction. The outcome of this study will certainly benefit to one of the objective of the Construction Industry Master Plan (CIMP) which is to promote more innovative green construction. 1.6 Research Methodology The study on the problems to the embracing of green technology in Malaysia construction industry is a relatively new research area and there are deficient of relevant research in Malaysia require to be referred. Therefore, it must be conducted with the limited amount of resources but the study can be scoped only the Klang Valley area. Two types of data, that is primary data and secondary data. For the primary data, interview section and case study will be conducted. For the secondary data, literature reviews are written from references of books, articles and from the internet that are related to the research. The methodologies have been identified to facilitate the necessary data are as follows: Interviews (primary data) Case studies (primary data) Literature Reviews (secondary data) a) Interviews Quantitative methods such as questionnaire will not be very accurate and appropriate in obtaining the data for the research. This is due to the study requires individual opinions and assessments. Hence, qualitative methods for example interview is the best technique in order to obtain relevant data. This sort of methodology was carried out to request opinions and feedbacks from developers, architects, engineer and contractors about the cost of green technology to be used in construction site, the initiatives of local bank towards green technology investment and level of knowledge and experience on green technology among the players in Malaysian construction industry. b) Case studies This methodology is conducted in line with the interviews and supports this primary methodology. The case studies involved with previous and recent projects in which the buildings are built with green technology. Thus, it was carried out in the vicinity of Klang Valley where many green buildings are constructed. The examples of green buildings in this area are G-Tower in Kuala Lumpur, diamond buildings and LEO building in Putrajaya. These studies are to achieve the objective; to explore the lack of utilization of green technology in Malaysian construction industry. c) Literature Reviews Literature review are used to obtain the previous research predominantly on the challenges of implementing green technology in construction site which includes the cost and local bank initiatives and knowledge and experience among construction stakeholders 1.7 Limitation of Study For the scope of the study, the limitation is conducted in order to focus and narrow down the topic of specific areas in the research. The study will be centered on challenges to implement green technology in Malaysian construction industry: i. Respondents from contractors, developers, architects and engineers in construction industry. ii. G-Tower in Kuala Lumpur, diamond buildings and LEO building in Putrajaya. iii. Urban areas in Klang Valley. 1.8 Organisation of Chapter Figure 1.1: Chapter 1 Organisation 1.9 Summary This chapter comprises of background of the study, problem statement, objectives of study, significance of study, research methodology, and limitations of study, organisation of chapter and summary that cover the challenges facing construction technology to be executed in Malaysian construction industry. Study background embraces the term green technology, various types of green technology existed for sale and application of green technology in the construction industry. Problem statement comprises of the challenges such as lack of utilization, lack of initiatives from local bank and lack of knowledge and experience among construction stakeholders about implementation of green technology in construction site. This make out the objectives of study. The significance of the study can be summarized which it can undertakes the challenges by identifying the main factors of hardship in implementing green technology. There are three kinds of research methodology aiding the accomplishment of the study which are interviews, case studies and literature reviews. Limitations of study span within vicinity of Klang Valley. Organisation of chapter outlines the overall picture of the whole Chapter 1.

Surrealism Of The Temptation Of Saint Anthony Essay -- essays research

During the period between World War I and World War II, many people decided that rationale had created the destruction left behind from the war and that it was time to rely on the subconscious as a way to analyze the world. These people became known as Surrealists. One of the most famous surrealist artists was Salvador Dalà ­. Dalà ­Ã¢â‚¬â„¢s piece The Temptation of Saint Anthony is a prime example of Surrealism. Surrealist paintings are described as dreamlike and fantastical. Much of Dalà ­Ã¢â‚¬â„¢s paintings were images he had dreamed up. He said that he would paint what almost seem like photographs from his dreams. Dalà ­ took Sigmund Freud’s idea that dreams are symbolic. Objects can symbolize something as well as take on a pun on the word. Much of the objects in Dalà ­Ã¢â‚¬â„¢s paintings symbolize sexual desires that are expressed in dreams because society condemns them. The Temptation of Saint Anthony has many symbols including sexual symbols that make it dreamlike. Surrealism is expressed in the absurd objects that are dreamlike yet have an explicit meaning. In the bottom corner of The Temptation of Saint Anthony, Saint Anthony is seen trying to ward off the temptations the horse and the elephants bring. These physical temptations symbolize the mental temptations Saint Anthony dealt with. The horse, leading, symbolizes strength and sensual desires/pleasures. Following the horse is the elephant that brings the Cup of Desire and a naked woman. The gold cup and woman represent sexual desires as well...

Prospero’s Speech: The Art of Theater Essay

Shakespeare is commonly known as a great writer; but we cannot lose sight of the fact that he is every inch   a man of theater, very much like Henrik Ibsen of the nineteenth century. His career in theater began as an actor. Working closely with the manager and the actors gave him a great sense of theater which is evident in all his major plays. In The Tempest Prospero’s speech (4.1.148-158)   about the farewell to his magic is regarded as Shakespeare’s farewell to his dramatic writings symbolized by the breaking of Prospero’s magic wand. Here Shakespeare shows himself a master of language which is lucid and direct. In As You Like It the Senior Duke’s remark â€Å"This wide and universal theatre/   presents more woeful pageants..† triggers   Jaques’ reflection   on the resemblance between human life and   an actor’s performance on the stage: â€Å"All the world is a stage,/ All men and women merely players;/ they have their exits and entrances;/ And one man plays in his time plays many parts,/ His acts being seven ages.† ( 2.7.137-143 ) This speech shows how deeply Shakespeare’s mind was involved with the   theater. In his famous speech following the report of Lady Macbeth’s death, Macbeth compares his frustrated life after the crime to an unimpressive actor â€Å"..Out, out, brief candle!/ Life’s but a walking shadow, a poor player/ That struts and frets his hour upon the stage,/ And then is heard nor more:† (5.5.17) It would not be an exaggeration to say   that Shakespeare’s greatest gift was theatrical: transforming well-known stories from Plutarch’s Lives, Seneca, Ovid, Lodge, Greene and many old plays into tragedies like   Romeo and Juliet, Macbeth, King Lear, and Julius Caesar, and into comedies like As You Like It and Twelfth Night. Early he joined Lord Chamberlain’s company of players which became King’s company till Globe Theatre was built in 1599. According to A.L.Rowse he used to take charges of horses at the playhouse before he became an actor (Rowse.97) and later became a partner in the Globe Theatre. His entry into theater was attacked by Greene’s   well-known caustic remark: â€Å"Yea, trust him not.: for there is an upstart crow, beautified with our feathers, that with his ‘Tiger’s heart wrapped in a player’s hide’, supposes he is well able to   bombast out a blank verse as the best of you, and being an absolute Johannes Factotum, is in his own conceit the only Shakes-scene in a country.† Having tasted popularity with his histories and comedies, Shakespeare had his tragedies performed at Globe under his supervision and fully exploited the talents of   tragic   actor like Richard Burbage and comic actor like William Kempe . As   female roles were acted by boys in his time, it was his sense of theater that prompted him to disguise his heroines like Portia, Rosalind and Viola in male attire and thereby help the boy actors look natural. The Elizabethan stage had no painted scenery and the play was acted in day light, he used his superb blank verse speeches to make the audience forget their surrounding and concentrate on the play. Besides poetry, he also skillfully used costume, gestures, group of talented actors, music, procession and dancing for the highest dramatic effect. The inadequacy of the bare Elizabethan stage had to be compensated with good expositions. Shakespeare conveyed the necessary information about the setting and the major characters and the situation to the spectators in the opening scenes of As You Like It, Twelfth Night, Antony and Cleopatra and other plays through natural dialogue.   In Julius Caesar he makes it clear to the audience that there is sufficient light at night before Brutus reads the letter thrown in by one of the conspirators. His first hand knowledge helped him   cater to the taste of the smoking gallants and fashionable ladies, the attentive audience who were generous with applause but also ready to hiss and mew at bad performance and also the ill-smelling groundlings who paid a penny to be entertained with comic scenes like Porter scene and the grave diggers’ scene. His plays are definitely for all ages and all times, but they are very much geared to Elizabethan theater. References Greenblatt, Stephen. (1997) The Norton Shakespeare. N.York. W.W.Norton & Co. Rowse, A.L. (1963) William Shakespeare. London. Macmillan. 1963

Hemingway Hero

Hemingway Hero? Old Man and the Sea â€Å"†¦ A very old man walking unsteadily but with dignity. † This excerpt is from Ernest Hemingway’s A Clean, Well-Lighted Place, but it could have easily been mistaken for, The Old Man and the Sea, also written by Hemingway. In both stories, the old man and Santiago, both become very unsteady at the end of the tale; but, they manage to maintain their dignity. For the old man, in A Clean, Well-Lighted Place, the reason he is so unsteady is because he is drunk. He likes to go to the cafe at night and drink his night away, and somehow, he manages to leave with all of his self worth. In The Old Man and the Sea, Santiago leaves the ocean in destruction, but also keeps his dignity; for, he believes he isn’t defeated. At the beginning of A Clean, Well-Lighted Place, the waiters mention that the old man had recently tried to kill himself. Santiago, the fisherman in The Old Man and the Sea, wouldn’t coward away from life like that. The waiters from the old man’s story said that he attempted to kill himself because he was in despair. Santiago had many reasons to be in despair, but not one time did he try to take his own life away. In both stories, both of the elderly men seem to be persistent. The old man in the cafe was told that he wasn’t going to be poured anymore alcohol. He insisted that the waiter should pour him some more. The first waiter did, but the next was more stubborn. Unfortunately, the second waiter won the battle, and the old man did not receive more brandy; but, he did not go down without a fight. Santiago was a very persistent old man as well. He was injured greatly, while fighting a battle with a great marlin; but he wouldn’t let the fish win without a fight. Eventually, Santiago killed the fish, but he was very persistent in his task. He too, would not go down without a fight. Hemingway Code Hero The old man, in A Clean, Well-Lighted Place, follows quite a few criterions to Hemingway’s Code Hero. The night seems to be equivalent to death, is disciplined, he expresses himself through actions. The waiters said that he old man comes to the cafe every night, and just drinks it away. Hemingway Hero’s stay up at night, or always have a light on, because the night is the same as death to them. The old man also seems to have much discipline, as a Code Hero should be, according to the standards. He is drunk, and yet he still manages to not spill and remain very clean; which must have taken a lot of discipline to not be a slob, even when you’re drunk. He also expresses himself through actions more than words. Granted, he is deaf, but he still knows how to talk; his actions definitely outweigh his words. He attempted suicide, which action screams louder than any words I have ever heard. This characteristic also follows the list of ideal traits a Hemingway hero should exhibit. The old man is a definite Hemingway Code hero.