Saturday, February 29, 2020

Legal Research on the laws, which impose caps or limits on punitive Paper

Legal on the laws, which impose caps or limits on punitive damages for tort recovery in all the states of USA - Research Paper Example Alabama Alabama Code S. 6-5-410 (a) states that punitive damages can be levied for unfair actions, negligence or omission of any individual or company. Upon proving negligence, the above section allows to claim for punitive damages. S 6-11-20(a) permits for punitive damages in civil cases where it has been demonstrated that â€Å"the defendant wantonly or consciously involved in fraud, malice or fraud.† For proving malice and fraud, there should be a presence of an intentional act. Alabama State proscribes the award of punitive damages in litigation against a master when a case is filed under vicarious liability or against state agencies. Alaska Sec.09.17.020 of Alaska statute permits to claim punitive damages.As per this section , the punitive damages for outrageous , reckless acts will be awarded either of the following, and it should not exceed the greater of ; Three times of compensatory damages levied to the claimant. â€Å"A sum of $ 500,000.† There are separate limits for employees who have been injured by the action of employers. If a claimant is awarded punitive damages, then the court will insist that half of the punitive damages awarded shall have to be paid into general fund of the state. If the punitive damages is covered by an insurance policy , then the insurer will have to pay the punitive damages to the claimant on behalf of the defendant unless if there is any exclusion clause for the coverage of PD.PD. Christopher T.Stidvent , Tort Reform in Alaska : Much Ado about Nothing? , 16 Alaska L.Rev. 61 (1999) (March 30, 2012), http://www.lexis.com 3 Arizona There is no statute setting cap on punitive damages under tort in Arizona. However , there exists case laws on the subject. In Hyatt Regency Phoenix Hotel Co. v Winston & Strawn , it was held that for recovering punitive damages under Arizona’s law , the claimant has to demonstrate that defendant involved in outrageous and aggravated demeanor with an ‘evil mind’. The same view was held in some Arizona cases like Rawlings v Apodaca , Thompson v Better-Bit Aluminums Prod. Co also. In†Gurule v Illinois Mutual Life & Cas. Co.† , it was held that if a defendant acts with the required evil mind , thereby by defrauding , injuring or intentionally mediating with the privileges of others , by disrespecting the risk of poignant harm to them. Bruce C .King and Carol J.Patterson, Ethics, 25 Construction Lawyer Journal. 5, (2005) (March 30, 2012), http://www.lexis.com 4 Arkansas Under ARK CODE ANN  § 16-55-207 as amended in 2010 , a claimant should convince the onus of evidence demanded under  § 16-55-206 by obvious and convincing proof so as to recover punitive damages

Wednesday, February 12, 2020

Halophytes in deforestation and reforestation Essay

Halophytes in deforestation and reforestation - Essay Example Tremendous increase in world population, at one hand, limits the available cultivable farmlands for crop production while demands increase in crop production simultaneously (Koyro et al., 2011). An estimated increase of about 50% in global food production is estimated to be required by the year 2050 (Flowers, 2004). Forests that were depleted for purpose of agricultural land extension in past years, are now been exploited for urbanization and industrialization as the soil of those lands has been degraded, illustrates various soil problems and hence, led to reduction in availability of cultivable farmlands (Geist & Lambin, 2002). Increase in agriculture by expanding land for crops production in order to secure food for every individual is becoming difficult; for this reason the recent tendency has been to increase the per unit area production of crops which in technical terms is referred to as intensification of agriculture (Binswanger & Ruttan, 1978). This prospect can only be explor ed if the amount of nutrients that are available in the soil are sufficient to nourish and raise crops in repeated cycles (Lele & Stone, 1989). However, in present scenario, environmental degradation has emerged as one of the undesirable and prominent effects due to such rapid and frequent crop plantation and association of new cultigens and pesticides (Turner et al., 1993). In current situation, even after advancement of current technologies enabling researchers to supress all these environment problems, increase in crop yield is not as much sufficient as it should be to fulfill raising needs of food supply (Berry, 1984; 1993). Furthermore, soil salinity is one of the major environmental stresses intruding severe limitations on plant yeild and quality in various parts of the world (Flower & Colmer, 2008). Youssef (2009) has reported that nearly 20-50% of world’s irrigable land area is affected due to salinity. In the view of Koyro et al., (2008) nearly 7% of world’s t otal land area demonstrates salinity induced damage. The top most soil layer of forest floor is moist due to dense forest canopy that covers the soil surface and prevents access of the sunlight to the deeper layers of soil. This converts into dry soil due to high concentrations of salt as a result of deforestation where high evaporation rates are recorded as temperature of forest soil increases due to removal of forest canopy.

Saturday, February 1, 2020

Married to Man. The Omnivore's Dilemma Essay Example | Topics and Well Written Essays - 750 words

Married to Man. The Omnivore's Dilemma - Essay Example Both the new and Native Americans totally depend on corn. In other words, it may be said that corn is married to a man. This explains its existence up to this time in life. Were it not for the continued planting of the same corn season after season by man, it would have experienced extinction. This article looks at how corn and man enable one another to survive and reproduce. Corn is found in husks and requires processing to separate the grains from the husk. This means that the grains are set free and can thus be grown and processed more easily on their own. This is where the human aspect comes in place. Man has come up with machines such as combined harvesters that separate the corn from the cob. Another method of separating the corn from the cob is by the use of the opposable thumb that is a characteristic in man. This therefore, brings out the dependence of the corn on man with opposable thumb. Corn, while still in the cob cannot grow into maturity. It may germinate but due to ov ercrowding, the young plants thin out and eventually die. Thus, for proper reproduction of the corn, there is husk removal, seed separation and planting. If the whole corncob were planted, it would germinate and move out of the husk, they would crowd up and may be die before having their second and third set of leaves. Corn hence, require assistance to grow more than any other domesticated plant. Therefore, corn depends on the humans more than the humans depend on it. For instance, man can decide not to consume any corn by avoiding planting it. At the same time, corn cannot decide on whom to have it planted. The marriage between man and corn can be viewed from the perspective of man having first domesticated the wild plant. This was later followed by selection and breeding of the best variety, were it not for man, it would be wild up to now (Pollan, 2007). Among the highly valued cereals by man is corn that in some countries is called maize. Corn has many uses more than any other ce real. One of the uses is making grits. In Africa and some parts of Asia, the grits from maize are ingested by humans. For instance in central and eastern Africa, the grits are used to make a staple food called ugali. This food is easily made and readily consumed with wide range vegetables. Grits can also be used to make porridge that is highly consumed by young children especially in Africa and some parts of Asia. This food product is believed to provide energy to the children who have higher energy requirements in general. Corn can also be used to make bi fuel. This is presently being done in the US of and is hastily replacing the fuels that are pollutants of the atmosphere. Corn is preferred to refined oil because of its availability and environmentally sound aspects. It is also used to make the brewers grits that are used in the beer industry. This is because it contains starches and sugars that undergo fermentation when provided with the required conditions. The medicine industr y also makes utilize corn in their processed form. Liquids sugar is made from corn. Its use is to make syrups and serves the purpose of sweetening them. The confectionary industry makes use of the corn sugar in sweetening their products. Without such sugar, their products may not be accepted. This may lead to losses especially on the part of the manufacturer. Having looked at the two sides of the issue of marriage to man, I take a stand that, it is the corn that is dependent on