Tort Law as Compensation for Environmental Damage
An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
Argumentative Essay # 103488 |
2,881 words (
approx. 11.5 pages ) |
34 sources |
APA | 2007
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$ 51.95
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Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
Tags:legislation, pollution, causality
Assessment of Possible Behavioural Changes Following Frontal Lobe Damage
The paper examines new techniques for assessing and evaluating behavioural changes resulting from frontal lobe damage.
Analytical Essay # 147295 |
1,896 words (
approx. 7.6 pages ) |
15 sources |
APA | 2010
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$ 36.95
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Abstract
The paper contends that advances in imaging technology, made over the past five decades, have enabled the recognition of many of the cognitive and behavioural correlates of organic brain impairments. As a result, a new range of psychological tools has been developed that have proven effective as diagnostic indicators of lesions or other malfunctions. The paper concentrates on the frontal lobe regions. It reviews the types of damage that occur and the behavioural patterns and problems associated with them. The paper then examines and reviews measures that have been formulated to assess the nature and extent of that frontal lobe damage.
From the Paper
"The idea of cerebral localisation of psychological functions has existed in various forms since Gall (1935), but only recently have researchers been able to locate specific psychological processes to particular brain structures with any confidence; and studies of malfunction have been found to hold critical value here in identifying normal functioning. Kolb and Whishaw (2003) offer five discrete categories of psychological abnormality associated with frontal lobe lesions: (1) disturbances of motor functions; (2) loss of divergent thinking; (3) impaired response inhibition and inflexible behaviour; (4) poor temporal memory, and (5) impaired social and sexual behaviour imaging. Evidence, however, suggests a degree of overlap and interaction between categories. For the present analysis, the 'cognitive' categories, (2) and (4), will be discussed together, as will the categories relating to social behaviour and inhibition: (3) and (5)."
Tags:brain, psychological, abnormality, cognitive, cortex, dysfunctional
Examines lightning damage and reviews lightning protection systems.
Essay # 69278 |
2,070 words (
approx. 8.3 pages ) |
6 sources |
APA | 2003
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$ 39.95
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This report examines lightning damage, particularly its effects on electrical systems, and protective measures than can be taken. It explains lightning and reviews lightning protection systems for both residential and commercial properties.
Tags:Lightning, Surge, Suppression, Electrical, Systems
An analysis of the evidence that stuttering is related to brain damage.
Research Paper # 103414 |
1,298 words (
approx. 5.2 pages ) |
4 sources |
MLA | 2008
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$ 26.95
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Abstract
This paper relates that hypotheses that attempt to explain stuttering point to the roots of this condition in the neurophysiology and/or neuropsychology of the individual experiencing the dysfluency. The paper further discusses that, while theories do exist that place stuttering into a behavior dependant on learning and conditioning due to environmental aspects, the fact remains that stuttering, whether learned or conditioned, is the result of a neurophysiological response manifested as dysfluent speech. The paper maintains that, upon examination of the nature of stuttering both in terms of research into etiology and effective treatment, the conclusion that stuttering is the result of brain damage is the one most applicable and probable.
From the Paper
"According to earlier research statistics, approximately 25 to 35 percent of individuals who have developed stuttering sustained a form of brain damage, either at birth or during early childhood (Guitar, 2006). The reported factors, including anoxia at birth, premature birth, head injury, and mild cerebral palsy, all point to a disruption in the fetal development of a normal central nervous system (Guitar, 2006). Since there appears to be this correlation between brain damage and stuttering, research has been done to determine how brain functions are different in these individuals. Electroencephalographic (EEG) studies have shown a possible right-hemisphere dominance in terms of language production in individuals who stutter and cerebral blood flow (CBF) studies have shown these results as well (Guitar, 2006). "
Tags:speech, neurophysiological, dysfluent
This paper discusses the links between poverty and environmental damage in the developing countries.
Essay # 37081 |
2,150 words (
approx. 8.6 pages ) |
5 sources |
2002
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$ 40.95
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Abstract
This paper discusses the links between poverty and environmental damage in the developing countries and their implication for sustainable development. Two developing countries are used as case studies
Tags:ENVIRONMENTAL STUDIES AND ECOLOGY / POLLUTION AND DEVELOPMENT, links poverty environment
A paper on brain damage and the concept of amnesia in individuals.
Essay # 46516 |
2,552 words (
approx. 10.2 pages ) |
6 sources |
MLA | 2002
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$ 46.95
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Abstract
This paper investigates and outlines the different theories that explain why amnesia occurs in individuals. The paper explores how theorists view the temporary loss of memory as an unnatural problem in individuals that must be taken into account by both medical professionals and individuals who suffer from amnesia. The paper describes several of the different theories, including Lashley, Hebb, and Korsakaff.
From the Paper
"One of the repercussions of the brain damage, or injury to the brain is a condition known as Amnesia, in which the individual suffers a loss of memory. Though the causes of amnesia are not limited to the direct injury of the brain such as an accident, and may occur to either a stroke, result of a disease, of the after-effects of excessive alcoholism, the presence of a chronic drug abuse, or psychological trauma or even stress, the subject of our study will be limited to Amnesia in relation to the brain injury."
Tags:drug, medicine, hospital, care, intensive, alcohol, trauma, accident, memory
An essay that examines 2008 Republican presidential candidate, Rudy Giulani's public relations strategy during his campaign.
Analytical Essay # 116604 |
1,867 words (
approx. 7.5 pages ) |
5 sources |
MLA | 2009
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$ 35.95
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This essay discusses the issue of "damage control," a term used to describe the attempts of a candidate's public relations force to channel and direct public attention. The essay specifically refers to Rudy Giuliani's public relations force and their attempt at the task. The author expresses that this attempt was difficult due to negative publicity surrounding Giulani in relation to his close ally and former police commissioner, Bernard Kerik, who was involved in federal corruption charges.
From the Paper
"Kerik was charged with corruption, for among other things accepting $165,000 in apartment renovations from a mob-linked construction firm, as well as indictment for tax fraud and other crimes committed while he was Corrections Department Commissioner under Giuliani. These are of concern for the Giuliani PR machine from a damage control standpoint, and public relations and integrity/character issue standpoint, so that Giuliani was in contact and advising Kerik during the time when the illegal activity for which Kerik was federally indicted for took place. Further, Giuliani actually called President Bush to recommend Kerik for the position of Director of Homeland Security "
Tags:damage, control, rudy, giulani, american, president, campaign, republican, media, public, opinion, press, nomination, bernard, kerik
An exploration of the current research findings concerning bronchial epithelium in asthma.
Dissertation or Thesis # 149815 |
12,995 words (
approx. 52 pages ) |
53 sources |
APA | 2012
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$ 148.95
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The paper provides a review of the peer-reviewed and scholarly literature to identify normal function, damage and repair of the human bronchia, including a discussion of the normal bronchial epithelium, the bronchial epithelium in asthma, bronchial epithelial inflammation, remodeling, normal epithelial repair and cytokines, tissue factor, tissue factor pathway inhibitor, coagulation factors, tissue-type plasminogen activator, plasminogen-activator-inhibitor, epidermal growth factor, hepatocyte growth factor, and nitric oxide and bronchial epithelial damage in other diseases. The paper also provides a discussion concerning the need for new therapy for asthma. The paper contains figures and tables.
Outline:
Introduction
Review and Discussion
Summary and Conclusion
From the Paper
"According to a recent study by Kercsmar, Dearborn, Schluchter, Xue, Kirchner, Sobolewski, Greenberg, Vesper and Allan (2006) asthma is the most common chronic disease affecting children today, with more than three million young people in the United States alone suffering from this condition. Moreover, the incidence of childhood asthma has continued to increase over the past several decades in spite of the increasing availability of efficacious medications that have been shown to control chronic symptoms and treating exacerbations (Kercsmar et al. 2006).
"Furthermore, the prevalence of asthma and its associated morbidity are inordinately elevated among inner-city children compared to their suburban counterparts, the majority of whom are racial minorities (Wright & Steinbach 2001). For instance, Kercsmar and his associates emphasize that, "African-American children in the United States have a higher prevalence of asthma and greater morbidity as measured by acute care visits and hospitalizations compared with white children" (p. 1574). Notwithstanding the growing body of research into asthma and its associated risk factors, it remains unclear how differences in generally known asthma risk factors including chemical and particulate air pollutants, environmental and in utero tobacco smoke exposure, viral respiratory infections, and home allergen exposure explain recent increases in the prevalence of this disease."
Tags:cytokines, tissue, pathway, inhibitor, coagulation, plasminogen
An analysis of how Matthew Arnold's "Dover Beach", William Blake's "London", William Cowper's "Poplar Field" and Thomas Hardy's "The Ruined Maid" illustrate the harmful effects of early capitalism on society.
Poem Review # 118980 |
1,709 words (
approx. 6.8 pages ) |
0 sources |
2010
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$ 33.95
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Abstract
The paper looks at how Matthew Arnold's "Dover Beach" mainly focuses on change in society in general, and how William Blake's "London" discusses how capitalism has led to many in society being repressed for the financial gains of others. The paper also looks at William Cowper's "Poplar Field" that argues that capitalism has ruined the environment and the enjoyment that people get from scenery and wildlife. Finally, the paper analyzes Thomas Hardy's "The Ruined Maid" that argues that people are so consumed with the idea of being rich, they will sacrifice their own reputations in order to attain wealth. The paper brings out how all these poems show the consequences of society's new emphasis on money, and how it was leading to corruption, damage to the environment and people completely ruining themselves in order to become rich.
From the Paper
"The location in "Dover Beach", by Matthew Arnold, is significant to the narrator of the poem because it allows for him to think about some very important happenings in the world during this time period. He mentions the Sea of Faith and also the sadness that this location brings about in him. This is symbolic of the uncertainty that Darwinism was bringing to the world during this time period. Throughout history, the world had blindly followed religion, but Darwin's ideologies brought about a new way of thinking. Even though things looked as calm as they were on the surface, they were in fact in turmoil. Darwin suggested that people had evolved from apes and that there was no God. What this means is that there was no purpose to life and that we simply lived in order to eventually die, with that being the end of it. Arnold is attempting to portray an environment where the people are no longer sure what the truth is and where faith is no longer as abundant as it had been in the past. Arnold makes a point of telling his wife to stay true to him, as he feels as though nothing else in the world is as it once was, so he wishes to keep that one aspect of life the same. He believes that the world has been turned into a darker place by this lack of faith that is being expressed. Arnold seems fearful that faith would be replaced by doubt in the world, which would make the world a much darker place."
Tags:money, wealth, materialism, corruption, environment, values
This paper examines what constitutes punitive damages.
Essay # 5332 |
1,055 words (
approx. 4.2 pages ) |
7 sources |
MLA | 2001
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$ 22.95
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The paper explores different issues that arise when dealing with punitive damages. The author defines punitive damages and looks at why the ability to sue for this particular type of damages in court is so useful and at the same time, extremely rare. They often take several years to resolve. Punitive damage cases are often comprised of several people seeking to sue a large conglomerate, such as the tobacco industry, in order to prevent further harm to a large number of people. The O.J. Simpson civil case was an example of punitive damages being used as a way to ensure that a person was held financially responsible for their criminal act. These types of cases are small in number, but often make headlines because of the enormity of the settlements involved.
From the Paper
"The use of punitive damages is particularly useful in cases where it is desired that defendants alter their bad behavior as well as recompense defendants. Doing away with punitive damages, particularly in the case of large corporations, could allow a company to compensate the individuals of the families they had injured, yet continue with the company's damaging behavior because it was cheaper and more cost effective to do so. A company could continue to use technologically inferior, polluting technology even after paying money to defendants because a case was tried in civil rather than criminal court. Yet in nearly 80 percent of product liability cases in which punitive damages were awarded, the manufacturer made a subsequent safety change. (McLarty, AATL Website) Also, because so many punitive damages cases have included such large payment amounts to defendants, this can be said to have caused safety to be taken into greater account in company manufacturing, thereby resulting in a safer America."
Tags:guilty, criminal, civil, financial, moral, asbestos, tobacco, oj, simpson, lawsuits, defendants, court, awards, money, measurable