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Davis,M.(2004).Planet of slums. New Left Review Vol.2
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Davis,M.(2004).Planet of slums. New Left Review Vol.26
Planet of Slums is one of the books dedicated to the study of the effects of urbanization. The writer takes a different approach in that he uses examples of popular slums like Jakarta, and Lagos in Nigeria. The following countries are located in the developing world thus making them subject to the lack of proper management of the urbanized area. The book ensures an adequate analysis of the growth of slums from the past to present day. Planet of Slums is a reflection of the negative features that come with the building and growth of architecture. The book showcases the plight of the people who reside in the affected areas and their struggle with the change of environment. The writer looks at the progress the countries are taking to eradicate the issue so as to promote a healthy environment. This is brought out through the use of real life situations experienced in the slums. The rate of the growth of slums continues to ride due to the mismanagement by authorities in this sector. The writer brings out the reasons for the growing rate and the recommendations on how to solve the issue. The book gives an insight to new readers who intend to know about the situation at hand. It thus acts as an educational device to interested parties. It is an easy read due to the writing style used by the writers in all the chapters. This makes it accessible to new readers who choose to take an interest in the geographical state of a majority of the urbanized cities.
Hall,P.(2002).Cities of Tomorrow. Chapter 2 City of Dreadful Night pp13-47
Geoffrey Halls, Cities of Tommorow is one of the geographical books that pay tribute to the planning and development of the country. The main theme of the book is based on the initial stages of urbanization in the 20th century era. Hall manages to display the environmental issues that have arisen from urbanization. The book forms a relationship between urban development and the rise of environmental issue such as global warming and ozone depletion. The book offers some of the essential rules of environmental friendly city planning for people who choose to take on planning and development as a career. The writer ensures a proper introduction of the book which in turn provides a proper understanding of the geography of the country. This is also ideal because it helps form a foundation of the study of modern city planning. Chapter two is more critical owing to its emphasis on the pivotal geographical structures. A large percentage of the modern architecture is influenced by traditional architecture. The author forms a relationship between the present designs and the initial forms of inspiration. This makes the reader follow the journey of the growth of the industry. Cities of tomorrow, is fundamental to the proper comprehension of the arrangement of the cities. The writer showcases how improper planning has resorted to environmental hazards. This creates an avenue for awareness of the treatment of the environment through the study of environment related issues. One of the advantages of the book is its interesting depictions of the initial rules and laws of urbanization. The book thus brings out the simplicity of the art form without taking away the professionalism used in the past. Despite this, the book displays some weaknesses by limiting the focus of the cities. This secludes key players in the industry which have shaped the current geographical situation. Written in 2002, the book is recent and to some extent making it a credible source of information. This makes it one a preferred book in the area of study to date.
Hall,T., Hubbard,P. and Short, J.R.eds (2008)Modernity and Utopia: The Sage Companion to the City pp67-87.
Hall and Hubbard use the book to provide a comprehensive study guide of the city dynamics. The writers look into the main contributors to the urbanization of the cities. The book contains different sections that organize the content into four different categories. This provides a better understanding of the book due to the carefully illustrated examples of the book. The writers cover key aspects of the topic in question making the book preferred choice of reference. One of the key aspects of the book is the relation of culture in the growth of the economy. Culture is one of the determining factors in the development of urbanization. A majority of the cultural aspects are said to be a source of inspiration for architecture and urbanization. The book is thus ideal for the creation of awareness of the modern and traditional way of living. The city environment is thus reflective of the cultures responsible for the developed cities. The environment is modern due to the change of the building and planning trends. This as a result influences the change of societal environment to suite the latest forms of developments.
Kostof ,S.(1991).The city Shaped: Urban Patterns and Meanings Through History. Boston ,New York, Toronto, London, Little Brown &Co. “ The city in History”pp29-41
The city shaped is one of the monumental books that talk of the country’s history in terms of its geographical plan. Kostof looks at the geographical nature of North America using the major landmarks that shaped the cultural aspects of the continent as a whole. The book is descriptive in nature due to the explanation of the inception of the urbanization in the Americas. Urbanization is an essential aspect in the present due to its effects on the ecosystem and the environment. Most of the buildings and industrial structures have led to the elimination of the natural resources and features. The author uses examples of landmarks that have been vital to the growth and sustainability of the ancient cities. The growth of the cities has in turn led to the demise of the environment due to the lack of regard for environmental sustainability. The book forms its premise on the use of ancient articles, traditional history and literature stored in the archives. This is essential in that it provides an adequate analysis of the lifestyles of the people in this era. Kostof displays an immense amount of knowledge through his performance of research and exploration. This gives the book an edge over the rest in all aspects. The book contains explanations of commonly used geographical meanings. This in turn gives a depth analysis of early urbanization and the patens they entail. The book is an easy read due to the writers approach on the writing style used. This serves as an advantage in terms of the reception of the book by new readers. The book is not updated seeing as it is published in 1991. This limits the information given by the book owing to the number of discoveries made over the years. The book is highly reliable and credible making it a significant contributor to the study of geography. It is thus therefore a must read for students who choose to study the history of urbanization in relation to the geographical nature of the country as a whole.
References
Davis,M.(2004).Planet of slums. New Left Review Vol.26
Hall,T., Hubbard,P. and Short, J.R.eds Gold,J.R.(2008). ‘Modernity and Utopia :The Sage Companion to the City pp67-87
Hall,P.(2002).Cities of Tomorrow. Chapter 2 City of Dreadful Night pp13-4.
Kostof ,S.(1991).The city Shaped: Urban Patterns and Meanings Through History. Boston ,New York, Toronto, London, Little Brown &Co. “ The city in History”pp29-41.
Conflicting Theories in Sociology
Conflicting Theories in Sociology
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According to Lewis Coser, conflict generates new ways in which people in a particular area will start to live and indirectly or directly stimulate economic and technological ways. The processes include; incompatibility where everyone’s families and people feel that they are taken not to be from the majority, a crime where people commit a crime like a robbery, etc. and immoral behavior like prostitution and drug abuse (Ward & P. R. 2020). To ensure that this does not happen, Lewis Cower states that specific procedures should be followed. The process to curb incompatibility includes people’s education, informing people about the dangers of being involved in acts that are against the law.
Ralph Dandrendorf, on the other hand, argues that conflict is in four stages, latent stage, perceived stage, felt stage, and manifest stage. These stages are the process by which Ralph said that it would follow. The latent stage is a stage where a person or a group has differences that bother one another (Umanailo et al. 2019). The perceived stage is where one thinks the other group is going frustrate the other group’s goals. The felt stage is a process by which people are informed, and they are now supporting the common goal. The manifest stage is a stage by which people show the interest of supporting one common goal.
These theories differ from the previous theories because they point out clearly how people conduct themselves and how they are expected to live with each other. The stages put forward by Ralph shows how people move from an absolute misunderstanding to the stage at which the people will come in a way that will help them find a solution to their conflicts. Previously, the theories indicated that the conflict was because of the resources and power (Marx Karl). Still, it has been noticed that conflict was caused by many and various issues, including politics and how a person personally believes that he/she is more right than the accomplices.
References
Coser, L. A., & Robert, N. (2017). Merton and the contemporary mind: an affectionate dialogue. In The Idea of Social Structure (pp. 3-10). Routledge.
Hechter, M., Opp, K. D., & Wippler, R. (2018). Social institutions: Their emergence, maintenance and effects. Taylor and Francis.
Umanailo, M., Basrun, C., Pratiwi, R. D., & Indah, F. P. S. (2019). Negative Impact of Industry on Sociology Using Ralph Dahrendorf’s Conflict Theory. In Proceedings of the International Conference on Industrial Engineering and Operations Management (pp. 673-76).
Ward, P. R. (2020). A sociology of the Covid-19 pandemic: A commentary and research agenda for sociologists. Journal of Sociology, 1440783320939682.
Davis v. The Board of County Commissioners of Dona Ana County
Davis v. The Board of County Commissioners of Dona Ana County
Contents
TOC o “1-3” h z u 1. What was the legal issue in this case? PAGEREF _Toc385257457 h 12. Why does the court conclude that Doña Ana County could be held liable for PAGEREF _Toc385257458 h 23. Should it have mattered that the former employer’s investigation was not able to PAGEREF _Toc385257459 h 44. What practical implications does this decision hold? Are you convinced by the PAGEREF _Toc385257460 h 4
1. What was the legal issue in this case?Negligent referral or Misrepresentation
The legal issue in the case was negligent referral or Misrepresentation. On the 20th of January, 1995 Mesilla Valley hospital hired Joseph Herrera as a technician in mental health. On the 26th of February, 1995, a female patient undergoing psychiatric therapy was placed under the care of Mr. Herrera. After working with the patient for about two weeks, Herrera began sexually, and physically abusing the patient under his care. Prior to his employment at the hospital, Herrera had served at the Dona Ana county detention centre as a sergeant; he had even served as a classification officer. After the assault was known, the hospital stated on how, and why Herrera was hired.
Herrera was hired by the hospital even though he was not qualified as a result of the recommendation of the former supervisors. The reference letter sent to the hospital by Mr. Frank steel the director of the detention facility, and Al Mochen the captain at the same facility. In the letter, Frank, and Steel did not mention to the human resource department of the hospital that Herrera had been previously investigated for allegations of sexually abusing female prisoners at the facility.
The letter did not also mention that Herrera had faced several disciplinary actions which included demotion, reassignment, and even suspension without pay. The letter did not even mention the disciplinary hearing against Herrera which was scheduled for the 12th of April, 1994. After resigning from the detention facility on the 8th of April, 1994, due to the disciplinary charges facing him, Herrera requested for a recommendation letter from Mr. Steele for potential employment.
The request was granted on the 11th of April, 1994, but Steele excluded the allegations, discipline issues, or demotion against Herrera. On the 5th of December, 1994 Herrera applied for an employment opportunity at the Mesilla hospital. Herrera also brought the recommendation letter to support his application. The resource department did a follow up of the recommendation by checking with Mr. Mochen. On asking Mochen described Herrera as a very hard worker, he further went on to say that he would definitely rehire if need arose.
As a result of being assaulted, the plaintiff sued the County for negligent misrepresentation stating that the wrong information given by the supervisors of the detention center convinced the hospital (McClain, 2001). The supervisors knew very well that Herrera was having disciplinary problems which involved serious issues such as sexual abuse, and even sexual harassment.
2. Why does the court conclude that Doña Ana County could be held liable fornegligent referral (misrepresentation)?
In New Mexico, under the common law, employers owe potential fellow employers, a duty of not misrepresenting facts when issuing recommendations regarding their former employees. In New Mexico there are instances where immunity is granted against negligence suit. Such cases that the law has allowed under section 41-4-2 in the act are “for personal [or] bodily injury (Knights, 2005) ․ resulting from assault [or] battery ․ when caused by law enforcement officers while acting within the scope of their duties.” As one of the liability torts, battery by a third party arising from an officer’s negligence falls within the immunity act (Macintyre, 2010).
In the plaintiff’s complaint, supported by materials attached together with the summary judgment statements, the plaintiff argued that immunity was entitled to just law enforcers whose misrepresentation causes injury by means of an enumerated tort (McClain, 2001).
In her complaint and the supplemental materials attached to the summary judgment motions, Plaintiff has stated just such a claim against the County. We emphasize that the immunity waiver at issue here is not for public officials as a whole, but only for law enforcement officers whose negligent misrepresentation cause injury by way of an enumerated tort. The court rejected the county’s argument of immunity stating that the term “negligent misrepresentation” is not enumerated (Macintyre, 2010). The court also stated that the lack of the words “negligent supervision” or “training” under the section 41-4-12 do not prevent a claim (McClain, 2001)
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In New Mexico, the term law enforcement officer constitutes “any full-time salaried public employee of a governmental entity whose principal duties under law are to hold in custody any person accused of a criminal offense [.]” . Therefore the directors of the detention centers fall under the category. In section 41-4-3(D), states that correction officers whose duty is to hold convicted persons, are not law enforcers. The act further states that for one to gain immunity, the officers actions must be within the “scope of their work”. Steele wrote the recommendation letter using a letter head belonging to Dona County. Mochen was alleged to have orally recommended Herrera (McClain, 2001)
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To prove that Steele and Mochen acts were not within their scope of work, the county produced a county policy which required that all issues regarding employees be handled by the personnel department. The policy also barred supervisors such as Mochen and Steele from giving employment referrals (Macintyre, 2010). In refutation the Plaintiff argued that the county approved the actions of its employees even though the actions were illegal. In the above circumstances the county could be held liable as it was not immune to the suit. The use of its letter head by Steele could be interpreted that Steele was acting on their behalf (Macintyre, 2010).
3. Should it have mattered that the former employer’s investigation was not able to Confirm all of the allegations against Herrera? Explain your answer
Herrera while working at the detention centre had numerous case related to indiscipline, it is stated that he was even punished for the indiscipline. When working at the detention centre a female inmate accused Herrera of sexual abuse, which ranged from talking to the inmates telling them how he wanted them. It is also reported that he called women into his office and closed the door. A female inmate had also confessed of having sex with Herrera to “pay” for help offered by Herrera (Sack, 2010).
Due to the allegations facing him Herrera decided to resign than face the disciplinary committee, Even though some of the accusations were not proved (Cartwright, 2002). Whether or not all allegations against Herrera were proved, it could have not mattered as sooner or later some new allegations were bound to rise, just like in the hospital (Cartwright, 2007).
4. What practical implications does this decision hold? Are you convinced by theCourt’s claim that this ruling should not make employers more reluctant to provide
References.?The decision by the court has some practical implications; some employers may give false information as a result of immunity. The courts ruling will definitely have an impact on employers, they will be careful when giving information about former employees. It will also deter the persons in authority such as supervisors from misusing their powers, by giving false information, as they will fear the repercussions.
Some supervisors give false facts of employees as favors due to the friendship between them and the person in need of the recommendation letter. Some male supervisors who have the habit of exploiting women employees sexually so as to write for them good recommendation letters will not be able to do that anymore as they can be held personally liable for giving false information should the former employee past come back to haunt them.
Reference
MacIntyre, E. (2010). Business law (5th ed.). Oxford: Pearson Longman.
McClain, M. E., & Trachten, G. (2001). Handling wrongful termination claims, 2001: what plaintiffs and defendants have to know. New York, N.Y.: Practising Law Institute.
Sack, S. M. (2010). The employee rights handbook: effective legal strategies to protect your job from interview to pink slip (Rev. and enlarged 3rd ed.). NY: Legal Strategies Publications.
Cartwright, J. (2002). Misrepresentation. London: Sweet & Maxwell.
Cartwright, J. (2007). Misrepresentation, mistake and non-disclosure ([2nd ed.). London: Sweet & Maxwell.
Knights, M. (2005). Representation and misrepresentation in later Stuart Britain: partisanship and political culture. Oxford: Oxford University Press.