The National Center for Access to Justice

Go to this website created by the National Center for Access to Justice (Links to an external site.) https://ncaj.org/state-rankings/2021/justice-index (Links to an external site.)

Scroll down to the interactive map.

Spend about 15 minutes interacting with this map. Start with Kansas, and then review other states.  Review the methodology to understand the tool.

To receive credit for this activity, write one cohesive paragraph on this topic and upload it here:

Were you surprised by any results during this activity?   Is “access to justice” a problem you were already familiar with?

Learning environment that is free from Sexual harassment

As a future educator, how can you ensure a learning environment that is free from sexual harassment? (10 pts.) 2. Is friendly flirting not constitute sexual harassment when flirting is practiced between mutually consenting individuals who are equal in power and authority? Why? (10 pts.) 3. What are the different types of bullying? Briefly explain each, (10 pts)

Disagreement with the Court’s finding on Prima facie jurisdiction

DECLARATION OF VICE-PRESIDENT GEVORGIAN. Disagreement with the Court’s finding on prima facie jurisdiction Consent as a fundamental principle underlying the Court’s jurisdiction  The acts invoked by Ukraine do not fall under the scope of the Genocide Convention  The actual dispute relates to the use of force which is not covered by the Genocide Convention  Importance for the Court to maintain its settled jurisprudence  Support for adoption of the non-aggravation clause.

 

1. I could not join the majority on the first and second provisional measure indicated by the Court in this Order, purely on a substantial legal ground  I do not believe that the Court has jurisdiction to entertain this case. Ultimately, the jurisdiction of every international court emanates from the consent of States to subject a dispute between them to the binding settlement by a judicial body. This is a well-established principle of general international law and also firmly embodied in the Court’s Statute. Accordingly, no State can, without its consent, be compelled to submit its disputes to the Court

 

2. States can express this consent in several ways, for example by recognizing the Court’s jurisdiction as compulsory under Article 36 (2) of its Statute, or by expressing a narrower form of consent via a compromissory clause, which allows the Court to adjudicate disputes relating to a specific treaty. Since neither the Russian Federation nor Ukraine have lodged a declaration under Article 36 (2) of the Statute to accept the Court’s jurisdiction as compulsory, Ukraine based its claim exclusively on Article IX of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter “Genocide Convention”). Article IX of said Convention states that:

 

“Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.”

 

3. In a letter to the Court, the Russian Federation indicated its opposition to the Court’s jurisdiction and noted that Article IX does not apply to the situation at hand3. In particular, the Russian Federation considers that Ukraine seeks to bring before the Court issues relating to the use of force, which are not governed by the Genocide Convention and, therefore, do not come within the jurisdiction of the Court.

 

4. As the Court has stated multiple times, in order to establish jurisdiction under Article IX of the 1948 Genocide Convention, the subject-matter of the dispute must relate to the interpretation,

application or fulfilment of the Convention5. While it must not decide in a definitive manner that it has jurisdiction over the merits of the case at this stage of the proceedings, the Court must nevertheless ascertain whether the provisions relied on by Ukraine appear, prima facie, to afford a basis on which its jurisdiction could be founded6. Accordingly, the Court must analyse whether the acts complained of by Ukraine are capable of falling within the provisions of the Genocide Convention and, as a consequence, the dispute is one which the Court has jurisdiction ratione materiae to entertain.

 

5. It is evident that the dispute that Ukraine seeks to bring before the Court, in reality, relates to the use of force by the Russian Federation on Ukrainian territory. However, neither is the use of force regulated by the Genocide Convention nor does the use of force in itself constitute an act of genocide. The Court has been very clear in this regard in the 1999 Legality of the Use of Force cases, where it held that

“the threat or use of force against a State cannot in itself constitute an act of genocide within the meaning of Article II of the Genocide Convention; and whereas, in the opinion of the Court, it does not appear at the present stage of the proceedings that the bombings which form the subject of the Yugoslav Application ‘indeed entail the element of intent, towards a group as such, required by the provision quoted above'”

 

6. Accordingly, the Court found that it had no prima facie jurisdiction under the Convention to adjudicate upon the bombardment of Serbia by NATO member States9. As the Court has noted in Croatia v. Serbia, it will not depart from its settled jurisprudence (jurisprudence constante) unless it finds “very particular reasons to do so”10. Yet, the situation in the precent case is similar as it concerns the use of force without a legal link to genocide. Nothing in Ukraine’s Application for provisional measures indicates that the military operations launched by the Russian Federation demonstrate the element of intent necessary for acts of genocide. Therefore, the dispute Ukraine aims to have adjudicated upon by the Court does not fall within the scope of the Convention. As a result, the Court manifestly lacks jurisdiction ratione materiae to entertain this Application, and, consequently, to indicate provisional measures.

 

7. To circumvent this problem, Ukraine claims that the Convention embodies a right “not to be subjected to another State’s military operations on its territory based on a brazen abuse of Article I of the Genocide Convention”11. This argument is unconvincing and undermines the fundamental requirement that jurisdiction emanates from consent. Under the interpretation advanced by Ukraine, any purportedly illegal act, including the unauthorized use of force, could be shoehorned into a random treaty as long as the subject-matter regulated by this treaty had some role in the political considerations preceding the respective act.

 

8. With regard to Ukraine’s claim that the Russian Federation is falsely invoking Ukraine’s responsibility for acts of genocide, an additional problem arises. I remain unconvinced that Ukraine can invoke the compromissory clause under Article IX of the Convention only to have the Court confirm its own compliance. Such “non-violation complaints” cannot be brought before the Court in absence of a compromis or specific treaty-based authorization. Applications of this type have only been entertained by the Court when they were brought under the much broader jurisdictional basis of Article 36 (2) of the Statute12, or in combination with an actual violation complaint of the treaty in question13.

 

9.

Taking into account all the legal considerations explained above, I come to the conclusion

that the Court lacks prima facie jurisdiction to entertain this case. Accordingly, the Court should have

dismissed Ukraine’s request for provisional measures.

 

10. Despite my position on the absence of prima facie jurisdiction in this case, I have voted in favour of the third provisional measure indicated in the Court’s Order, namely that both Parties shall refrain from any action which might aggravate or extend the dispute or make it more difficult to resolve. The power to indicate such measure is a power inherent to the Court, and not necessarily linked to the Court’s prima facie jurisdiction over the parties’ substantive rights or obligations on the

merits of a case.

The Absolute and relative sense

In class we discussed a function which is well-conditioned in both the absolute and relative sense: f(x) = 31:, which had C(x) = 3 and K(x) = 1. We also discussed a different function which was well- conditioned in the relative sense but ill-conditioned in the absolute sense: [(15) = «E, which had K(x) = 1/2 but C(x) = fi. Since C(x) becomes arbitrarily large as x -> 0, it is ill-conditioned for small values of x.

Find an example of a function which is ill-conditioned in both the relative and absolute senses. To make it more concrete, let’s say we want both 00:) and K(x) to be 2 1000. It’s OK if the function you find is only ill-conditioned for certain values of x, but explain what values of xthose are.

Applied Ethics Utilitarian creed

Applied Ethics Utilitarian creed. Read the excerpt from Mill’s Utilitarianism* and watch the video Putting a price tag on life (https://www.youtube.com/watch?v=0O2Rq4HJBxw&ab_channel=HarvardUniversity)

  1. Answer to all the questions. The rubrics will be applied only to the last question.
  2. Read through and comment only on the forth answer of someone else’s post.

“1.The creed which accepts as the foundation of morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure.

To give a clear view of the moral standard set up by the theory, much more requires to be said; in particular, what things it includes in the ideas of pain and pleasure; and to what extent this is left an open question. But these supplementary explanations do not affect the theory of life on which this theory of morality is grounded—namely, that pleasure, and freedom from pain, are the only things desirable as ends; and that all desirable things (which are as numerous in the utilitarian as in any other scheme) are desirable either for the pleasure inherent in themselves, or as means to the promotion of pleasure and the prevention of pain.

2. Now, such a theory of life excites in many minds, and among them in some of the most estimable in feeling and purpose, inveterate dislike. To suppose that life has (as they express it) no higher end than pleasure—no better and nobler object of desire and pursuit—they designate as utterly mean and grovelling; as a doctrine worthy only of swine, to whom the followers of Epicurus were, at a very early period, contemptuously likened; and modern holders of the doctrine are occasionally made the subject of equally polite comparisons by its German, French, and English assailants.

3. When thus attacked, the Epicureans have always answered, that it is not they, but their accusers, who represent human nature in a degrading light; since the accusation supposes human beings to be capable of no pleasures except those of which swine are capable. If this supposition were true, the charge could not be gainsaid, but would then be no longer an imputation; for if the sources of pleasure were precisely the same to human beings and to swine, the rule of life which is good enough for the one would be good enough for the other.

The comparison of the Epicurean life to that of beasts is felt as degrading, precisely because a beast’s pleasures do not satisfy a human being’s conceptions of happiness. Human beings have faculties more elevated than the animal appetites, and when once made conscious of them, do not regard anything as happiness which does not include their gratification. I do not, indeed, consider the Epicureans to have been by any means faultless in drawing out their scheme of consequences from the utilitarian principle.

To do it in any sufficient manner, many Stoic, as well as Christian elements require to be included. But there is no known Epicurean theory of life which does not assign to the pleasures of the intellect, of the feelings and imagination, and of the moral sentiments, a much higher value as pleasures than to those of mere sensation.

It must be admitted, however, that utilitarian writers in general have placed the superiority of mental over bodily pleasures chiefly in the greater permanency, safety, uncostliness, etc., of the former—that is, in their circumstantial advantages rather than in their intrinsic nature. And on all these points utilitarians have fully proved their case; but they might have taken the other, and, as it may be called, higher ground, with entire consistency.

It is quite compatible with the principle of utility to recognise the fact, that some kinds of pleasure are more desirable and more valuable than others. It would be absurd that while, in estimating all other things, quality is considered as well as quantity, the estimation of pleasures should be supposed to depend on quantity alone.”

 

1. According to Mill, when would actions be considered right? When would they be considered wrong?

2. Why is utilitarianism reproached by some?

3. How did the Epicureans respond to the criticism exposed in the text?

4. Take part on the Sandel’s pool and provide an argument for your answer. Which is the highest experience (or pleasure): Shakespeare or the Simpsons?

 

Someone else’s post:

1. According to Mill, when would actions be considered right? When would they be considered wrong?

According to Mill, actions will be considered right when it brngs happiness and considered wrong when they bring sadness or sorrow or negative consequences.

 

2. Why is utilitarianism reproached by some?

Utilitarianism is reproached by some people because it compares people life with $$ value. For example Ford pinto engines placed behind the car. As a consequence some people believe it is not a good way to compare life. Also to fully follow the principle one should have educated and experienced it. Sometimes education and experience doesn’t come side by side.

 

3. How did the Epicureans respond to the criticism exposed in the text?

Epicureans have actively responded to the criticism placed on their beliefs.They are trying to put forward their views by stating that its other people who compare a human life to life of pig. The philosopher are comparing human’s pleasure to that animals.

 

4. Take part on the Sandel’s pool and provide an argument for your answer. Which is the highest experience (or pleasure): Shakespeare or the Simpsons?

Out of three experiences I like Simpson’s clip the most because I can experience the joy and pleasure myself. Whereas if we see the clip of Shakespeare, we have to educate ourself first and understand the basis of the clip and eventually enjoy it later on. There was intense pleasure experience if I watched Simpson rather than the Shakespeare. I prefer intense pleasure than distributed pleasure over the life. However if I am able to interpret Shakespeare saying, I would go with that.

 

Alternative Dispute resolution in NSW

Alternative dispute resolution in NSW. write Role Play Scenario (Mediation). In August 2021, David and Sarah were having lunch and they started to talk about David’s ‘flipping’ business. He explained to Sarah that the current property market was booming, and he had been able to make almost $900,000 profit in the last financial year from flipping houses. He explained to Sarah that it was a reasonably easy business idea where he purchases rundown properties, at a cheaper market price and resells them within 3 months of the date of purchase. During this 3-month period, he renovates the property to an acceptable standard and has always been able to make a healthy profit.

David told Sarah that he had good connections in the construction industry, and he had been able to flip 5 properties in the last 2 years, and no project had ever run outside the scheduled time frame of 3 months. He also told Sarah that the market was very strong, interest rates were unlikely to be raised any time soon and it was the perfect time to get into the “flipping game”. He also offered to help Sarah by referring her to reliable contractors that he used.. He told Sarah that “he guaranteed that she would make a profit”.

Sarah had been able to save almost $100,000 and she had been thinking about her next project to make some more money on the side. On 2 January 2022, Sarah decided to purchase a property in Kellyville, Sydney, and ‘flip’ it. She borrowed $600,000 from the bank and purchased the property for $700,000 and David advised her that renovating the property it would cost a further $100,000.

The property was a double-storey, 4-bedroom house on about 450 meter square block. Sarah knew that if she could complete the ‘flip’ within 3 months the property could be sold for $1.1 million. Sarah contacted David who sent her a list of a few contractors that could help her renovate the property. After making a few phone calls, she finally contacted Chris, from Your House Renovations Pty Ltd. David had spoken very highly of Chris in the past.

Chris agreed to inspect the property to provide a quote. Chris attended the property in Kellyville with Sarah on 29 January 2022. He walked through the house with Sarah and agreed to complete the entire renovation for $80,000. He agreed to do the following: 1. Install a new kitchen including the fittings and new appliances; 2. Remove the old tiles and install new tiles throughout the entire property; 3. Renovate the downstairs bathroom by installing new tiling, vanity, showerheads and waterproofing the bathroom; 4. Remove the asbestos in the backyard shed and install a new shed; 5. Install new Gyprock throughout the property. However, Chris said that he did not have any painters on staff and that Sarah would have to find her own painter. Chris said he could have the entire work completed by 30 March 2022.

Sarah was thrilled as she thought it would take longer. Sarah agreed on the contract price of $80,000 and Chris asked that she pay a $20,000 deposit. Sarah signed the contract and paid the deposit on 3 February 2022. Sarah then looked at David’s contractor list and called Steven from Dodge Paintings Pty Ltd. Steven attended the Kellyville property on 5 February 2022 and inspected the property with Sarah.

Sarah explained to Steven the work that Chris had agreed to complete and the expected finish date. She also told him that she needed someone to paint the entire house after Chris was finished. Steven agreed to complete the painting and quoted $15,000 for the entire job. Sarah was excited as she was going to be under budget by $5,000 and she knew that she could make a few hundred thousand dollars in profit when she sold the property. She paid Steven a $5,000 deposit on 10 February 2022 to secure his services for March 2022.

Steven had promised Sarah that he would have the painting completed within 2 weeks of Chris finishing his work. By April 2022 Chris had failed to complete any of the work that he had agreed to do and now he was behind schedule. Sarah had been trying to push him to finish the job, but it appeared that he was always making excuses. Steven also contacted Sarah a few times and said that if he could not start work on her property by the end of April he may not be able to commit to her job anymore.

He will also not be able to pay her back the $5,000 as he had already refused several other jobs for that period. Sarah has now become very nervous about everything. Her bank’s interest rates have gone up a few times and now Sarah is unsure that she can sell the property at the price she thought. It even looks like she may make a loss. Sarah is now thinking about taking legal action against Chris for his failure to complete the work on time. She is also mad at David and wants to take action against him as it was his idea to get into this business and he was the one that recommended Chris to her.

She also found out that David had not made $900,000 profit in 2021 and in fact made only $100,000. She feels that David should pay her compensation for his ‘dodgy’ advice. After weeks of complaints and exchanges of emails, David proposes that they all attempt an amicable discussion and possible agreement through mediation. Steven, Sarah, Chris and David all agree to join the mediation.

Party 1: Sarah ] Sarah believes that Chris will now not be able to finish the job in a timely manner and she wants him to refund the $20,000 she paid. She also wants David to pay her compensation for his wrong advice and referring Chris to her. Sarah also wants Steven to return her $5,000 deposit. Sarah thinks that with the interest rates becoming so high no one will buy her property.

Party 2: David ] David does not believe that he owes Sarah anything. He simply explained to her his business idea and when he guaranteed that she would make a profit it was just something that he said in passing. He did not realise that Sarah would take his comments about making a $900,000

profit seriously. If he was making that kind of money he would not be working at all. David wants to be involved in the mediation because he has a close relationship with Chris and Steven and believes he can help in the process.

Party 3: Chris ] Chris says that he was going to finish the job but he had to have emergency surgery on his back. He was not able to work for a few weeks and now the cost of building material has gone up. Chris can no longer finish the job at the quoted price and wants more money. He thinks Sarah is being greedy.

Party 4: Steven ) Steven does not want to refund the $5,000 because he believes he has lost almost $20,000 because Sarah. He had refused a job for a big company because he thought he would be working on Sarah’s property at that time. Steven thinks the $5,000 is somewhat of compensation for his loss.

Mediator  When you are role playing the mediator, you are required to initiate and undertake the mediation. Your role is to manage the process of discussion between the parties in a way that is conducive to producing resolution of disputes. You are to undertake the “Mediator’s Opening Statement” and then conduct the process

Please observe the following procedure for the role play :

  • Mediator’s Opening Statement
  • Parties’ Statements
  • Common Ground & Agenda Setting
  • Exploration
  • Option Generation
  • Closing the session

Stimulus naturally does not elicit any response

 

A/an _________ stimulus naturally does not elicit any response. However, in classical conditioning, it becomes a/an _______ stimulus after being associated with a/an ______ stimulus which does elicit a response.

A stimulus that doesn’t naturally elicit a response is a neutral response.

For example, food is a UCS for dogs and can cause salivation. But ringing a bell by itself doesn’t trigger the same response. The bell’s sound is hence a neutral stimulus

Reflect on how communication influences your interpersonal relationships.

Reflexione sobre como la comunicación influye en sus relaciones…

 

Reflexione sobre como la comunicación influye en sus relaciones interpersonales. Según lo estudiado, interprete y determine como se relacionan la psicología de la comunicación con el desarrollo y crecimiento personal. Explique la relación, integre información académica y comparta su opinión sobre el tema.

 

Incluya 2 referencias en estilo APA (su argumento tiene que tener apoyo académico).

Translation to english

Reflect on how communication influences your interpersonal relationships.

Based on what you have studied, interpret and determine how the psychology of communication relates to personal growth and development. Explain the relationship, integrate scholarly information, and share your opinion on the topic.

Include 2 references in APA style (your argument must have academic support).

 

what is the primary difference between molecular and molar accounts

what is the primary difference between molecular and molar accounts…

 

 

What is the primary difference between molecular and molar accounts of schedule performance?

Molecular accounts focus on small moment-to-moment relationships between behavior and its consequences.

Molar accounts are concerned with large-scale factors that occur over the length of an entire session.

An interval schedule requires an exact amount of time to pass between each reinforcement. The ratio schedule requires the reinforcement to occur after a fixed number of responses, regardless of the time passed.

What percentage of Weschler intelligence test scores fall between -1 standard deviation

What percentage of Weschler intelligence test scores fall between…

 

What percentage of Weschler intelligence test scores fall between -1 standard deviation (-15 pts) and +1 standard deviation (+15 pts) around the mean (100 pts)?
0.1%

  • 17%
  • 34%
  • 68%
  • 2%