Tuesday, April 21, 2020

The Panama Canal Essays - Macro-engineering, Panama Canal

The Panama Canal American Foreign Policy November 30, 1994 In 1825, a group of American businesspeople announced the formation of a canal building company, with interests in constructing a canal system across the Isthmus. This project was to take place in an area now called Panama. The endeavor was filled with controversy. Though the canal itself was not built until the early 1900's every step toward the building and ownership, was saturated with difficulty. Walter LaFeber illustrates the dilemmas in a historical analysis. In his work he states five questions that address the significance of the Panama Canal to United States. This paper will discuss the historical perspective of the book's author, address pertinent three questions and give a critique of LaFeber's work, The Panama Canal. For proper historical analysis one must understand the importance of the Canal. The Panama Canal and the Canal Zone (the immediate area surrounding the Canal) are important areas used for trade. Even before the canal was built there were to large ports on both sides of the Isthmus. Large amounts of cargo passed through the Isthmus by a railroad that connected the two ports. The most important cargo was the gold mined in California before the transcontinental railroad was completed in the United States. It has strategic significance because of its location, acting as a gateway connecting the Pacific and Atlantic oceans. This allows for rapid naval deployment between fleets in either ocean. These two facets make the Panama Canal very important in the region. LaFeber notes that Panamanian nationalism played a large role in the creation of the canal and, consequently, the cause for the area's constant instability. The first expression occurred in the late 1800's with Panamanian struggle for independence from Columbia. The United States eager to build the canal, and control its operation, used and backed Panamanian nationalist. During the Roosevelt administration, not only did the United States manipulate factors isolating Panama from other world powers through the Monroe Doctrine; but it committed troops aiding the revolutionaries against another sovereign state. The reason this is a surprise is because the Roosevelt administration normally held a position favoring stability. The United States had no legal right to use force against Columbia. Nationalism came back to haunt the United States. With the treaty signed and a 99-year lease given to the United States, the Canal was built. Since then, the United States has varied on its stance of ownership and the principles of sovereignty concerning the Canal. The ever persistent debate of who owns the Canal and who should have sovereign control over it, has not been solved. The United States has occasionally attempted to "claim" the Canal zone through various methods such as military occupation, exclusion of Panamanians for important jobs in Canal operations and even through the customary aspect of international law. However, each time the Panamanians have managed to maintain claim to the Canal despite the United State's imperialistic posturing to get it. The most recent and notorious of the United States' attempts to annex the Canal Zone was during the Reagan administration. President Reagan said that the Canal Zone could be equated as a sovereign territory equal to that of Alaska. The question here is, was he correct? LaFeber points out that, "the United States does not own the Zone or enjoy all sovereign rights in it." He uses the treaty of 1936 in Article III that states, "The Canal Zone is the territory of the Republic of Panama under the jurisdiction of the United States." The entire topic was summed up neatly by Ellsworth Bunker, a negotiator in the region, when he said, "We bought Louisiana; we bought Alaska. In Panama we bought not territory, but rights." A second important question, is the Canal a vital interest to the United States? LaFeber gives three points suggesting that it is not. First, the importance of the Canal decreased after 1974, because of the end of the Vietnam War and all related military traffic ceased. Second, is the age of the antique machinery dating back to 1914. Inevitably the machinery will need to be replaced. Lastly, the size of the new tankers and cargo ships. The capacity of the canal is too

Thursday, April 16, 2020

How to Prepare a Sample Tort Essay Question to Help You With Your Lawsuit

How to Prepare a Sample Tort Essay Question to Help You With Your LawsuitA sample tort essay question focuses on the issue of vicarious liability. By definition, vicarious liability means that a person can be held liable for the actions of another person even if the person did not engage in the conduct that is the basis of the claim.There are two basic premises in any wrongful act lawsuit. First, a person is liable for the conduct of another person. Second, the other person can hold you liable for a claim for which you are not responsible.For instance, in a medical malpractice case, the plaintiff may allege that the defendant doctor failed to provide adequate care or, alternatively, he failed to diagnose the underlying illness. If the plaintiff's physician was negligent, then the doctor may be held liable for the patient's injuries. If the defendant doctor fails to diagnose the illness, then the doctor has committed a wrongful act under tort law. The doctor cannot avoid being held li able by hiding behind the excuse that he was not trained to diagnose the condition.Another example is in personal injury cases. The plaintiff claims that the defendant's company is negligent for an injury to a pedestrian. If the plaintiff's attorney is able to establish that the defendant was negligent, the lawyer can file a lawsuit claiming damages. If the defendant can prove that the plaintiff is legally liable, then the defendant may have a defense that may keep him from being held liable.A person who thinks he or she will have trouble with this type of tort law should prepare a sample tort essay question to guide the attorney and to begin a dialogue. This question should take a broad view of tort law. It should give examples of specific types of lawsuits involving negligent behavior. It should also include an explanation of the different types of actions a person can sue for.Most commonly, a person will choose to sue a company that has caused him or her harm and seek damages whe n the company asserts that it was not negligent. The people who operate snowplows, for example, may be sued for injuries sustained by someone who is hurt while walking or playing in a snowstorm.In contrast, a company that operates a business and does not afford the employees any type of protection from accidents may be considered negligent. If the plaintiff proves that the employee was injured as a result of the employer's negligence, the plaintiff may be entitled to compensation. An example of a negligence lawsuit would be a company that provides employees with a cell phone that doesn't provide proper coverage of service in a particular area.Finally, the plaintiff may sue the employer for emotional distress if the employer is found to have been negligent in providing the proper training or supervision to the employees. For example, if an employee was injured while trying to protect another employee, the injured employee may have a claim for emotional distress.