Legislators are men elected by the people to pass laws that will be executed by the executive branch. In the event that the laws are unconstitutional and illegal it falls to the Judiciary to declare them as such. This is the system of checks and balance that is integral to the Federal government. However if one of these three branches does not work or is inefficient the entire system suffers as a result.
In Still broken: New York state legislative reform. The authors find that, based on their qualitative information they uncovered major problems that were endemic in the New York State Legislature. For example, congressional leadership keeps a bottleneck hold on legislation in all the stages of the legislative process. They also determined that Committee meeting, which were already infrequent to begin with, are sparsely attended. After all, since the Senators can vote without being present they have no incentive to be present.
Furthermore, it would appear that the standing committees in both chambers were not able to hold any hearings for major legislation. There was a dearth of detailed committee reports appended to the major bills in the Senate. This flaw is attributed to the absence of a rule that would require the Assembly to append substantive reports to bills reported out of committee.
Despite the extraordinary number of bills in both houses introduced during each session, only a small percentage received a floor vote. Even more glaring is that all bills that that are sponsored by leadership will reach the voting stage with virtually no debate.
This long litany of flaws makes the New York Legislature inefficient. There are proposals to strengthen the standing committees. In order to do this members must be granted the authority to convene meetings. Committee members can no longer have the luxury of absentee voting they must be present to vote.
The stranglehold that leadership has over bills coming to the floor must end. It must be ended by allowing rank-and-file members to discharge bills from committee and place them on the floor calendar by majority vote. There must be adequate opportunity to consider legislation and not merely railroading bills at the behest of legislative leadership. And finally, provide sufficient opportunity and resources for full consideration of legislation by making use of robust conference committees and distributing member funds equally.
These suggestions were made to improve the New York Legislature but can also be applied to the national level. The problems identified are systemic in the national legislature as well. Therefore, reform bills like the ones being issued for the improvement of the New York Legislature can also be transposed into national legislation.
Finally, lobbyists should be subjected to greater regulation. Lobbyists have an undue advantage in influencing legislatures to pass laws the adhere to their special interest. Hence reform laws should also be proposed that will discourage this practice which has become a large-scale industry in itself.
References
Stengel, Andrew, Norden, Lawrence, Seago, Laura. Still broken: new york state legislative reform 2008. Web.
It is quite possible to say that in the future, I will have to address various issues related to contract performance and disagreement that private organizations need to resolve. There are many cases when business partners are not able to meet their obligations. One of the challenges that I may face is the inability of contractors to keep the schedule negotiated in the agreement.
This failure can pose a threat to the financial and organizational performance of any company that may depend on timely delivery of goods or services. Secondly, in many cases, contractors cannot reach the quality standards set by the customer in the agreement. For instance, such issues are of great importance to manufacturers that must ensure that their suppliers provide with materials or component parts of specified quality. These situations are very widespread in various industries.
Additionally, companies have to prove the terms of the agreement have been violated by their business partners. In many cases, these conflicts lead to legal disputes that can become very expensive and time-consuming. These are the main challenges that I will need to avoid and overcome. By overlooking these risks, managers can imperil the financial and organizational performance of the company. Overall, one has to take several precautions in order to minimize the possibility and reduce their impact.
In order to do it, one should thoroughly evaluate different business partners of the company and their ability to meet contractual obligations. Close attention should be paid to the previous performance of the company, its relations with the clients, and the guarantees that it can offer. By doing it, managers can greatly decrease the possibility of future conflicts. So, this is one aspect of contract performance. Additionally, legal professionals recommend the use of contract performance bonds (Lerner & Baum, 2006, p. 60).
This bond is a guarantee to fulfill the contract or at least compensate clients for their financial losses (Lerner & Baum, 2006, p. 60). In this way, one can motivate a contractor to comply with the requirements set by client (Lerner & Baum, 2006, p. 60). This practice is widely adopted by many companies. This is why the terms of the business agreement should clearly define what kinds of products or services the contractor should deliver at a certain moment.
On the whole, the provisions of the contract can provide an extra incentive for business partners to act according to the previous agreements. Additionally, practitioners advocate the use of information technologies such Enterprise Resource Planning (ERP) systems that enable a client to track the performance of contractor and assess this organization in terms of time and cost-efficiency (Stackpole, 2011, p. 767).
Furthermore, these software solutions enable companies to document the malpractices of their contractors and this information will be very useful in those cases when there is a legal dispute between a client and suppliers (Stackpole, 2011, p. 767). More importantly, information technologies can help the management detect possible malpractices of a contractor at an early stage and minimize their impact on the performance of their company. This is the main advantage of relying on information technologies.
So, in my work, I will focus on such aspects as preliminary evaluation of business partners, the formulation of contract agreements, and careful documentation of their performance. These are the main steps that I will take in order to manage these issues. These strategies can address a variety of issues related to contract performance and conflicts between business partners. As it has been said before, they reduce the risk of poor performance and decrease its impact on the firm.
Furthermore, I will have to pay close attention to such issues as the management of data, patents, and copyrights that belong to the company. The intellectual property can give this organization competitive advantage over other firms operating in the market. Therefore, managers must ensure that these rights of the company are respected by other businesses.
There are several practices that managers can adopt in their work. One of the approaches used by companies is called defensive strategy. It means that the legal professional prosecute its competitors in those cases when they use patents of the company without asking for authorization (Parr & Smith, 2005, p. 548).
As a rule, litigation is the main way of compelling other businesses to respect the rights of the company (Parr & Smith, 2005, p. 548). The main advantage of this strategy is that the organization can prevent possible competitors from entering the market (Parr & Smith, 2005, p. 548).
Nevertheless, one should bear in mind that legal disputes can be very costly and time-consuming. This is one of the drawbacks that should not be overlooked. In some cases, legal professionals suggest the adoption of more flexible policies. For example, the company can license some of its patents or copyrights to other businesses and receive the portion of their revenues (Parr & Smith, 2005, p. 553).
This strategy enables businesses to avoid many conflicts and derive profits from their intellectual property. Finally, it is important to remember that businesses should implement information security procedures that prevent outsiders from accessing the data that can be of commercial value. They are supposed to reduce the possibility of information leakage. These are the main practices are used by modern-day companies.
On the whole, this issue will play an important role in my daily work. I will have to adopt different strategies. Certainly, I will need to rely on protective strategy to make sure that other businesses do not violate the intellectual property rights of the company. This approach is critical for eliminating possible illegal practices of the competitors.
If there is no other option, I will certainly insist on starting litigation that will restore the intellectual property rights of the company. Nevertheless, I will definitely try to seek a compromise in such situations. It is quite possible that the company can give other businesses access to their intellectual property provided that the activities of these organizations will not pose a direct threat to the performance of the company. The benefit of this approach is that a business makes an active use of their intellectual assets.
In order to avoid possible problems companies should pay close attention to market trends such as the availability of substitute products, the intensity of competition as well as the main strengths or weaknesses of a company. These are the main steps that I will have to take. It seems that the combination of these strategies will help a company uphold its intellectual property rights and derive profits from its information assets. This is the main objective should be achieved.
Reference List
Lerner, L., & Baum, T. (2006). Performance Bond Manual of the 50 States, District of Columbia, Puerto Rico, and Federal Jurisdictions. New York: American Bar Association.
Parr, R., & Smith, G. (2005). Intellectual Property: Valuation, Exploitation, and Infringement Damages. Boston: John Wiley & Sons.
Stackpole, C. (2011). PMP Certification All-In-One Desk Reference For Dummies. New York: John Wiley & Sons.
Cultural heterogeneity is one of the reasons for the unclear mandate. The police meet various groups of people who may be citizens of different countries and therefore may change their roles from time to time. The immediate circumstances can also affect their roles.
The diverse array of citizens requires police to be constantly trained on how to handle the individuals in the society. If there was a clear mandate in place, then only the roles mandated could have been performed. There are some other reasonable roles not described in their duties that they can do.
Lack of a clear mandate has made the police be held liable for some actions that are beyond their mandate. They have done some roles that they are not supposed to have done due to the limitation of powers.
It has made it hard for the police to assess their performance effectively. At the departmental level, the measurement is difficult as well as at the individual level.
Lastly, the unclear mandate of the police has been an impediment to the work done by the police officers. Most officers neglect some roles claiming that they have not been mandated to do them.
The various departments of police have started the National Incidence Based Reporting System (NIBRS) which has been using the law agencies in the collection of data on various crimes which are then reported. This ensures that police can differentiate between completed and attempted crimes effectively (Department of safety and security, 1998).
The community satisfaction surveys are carried out to assess how the police are perceived by the communities that they are serving. The departments focus on the measurable outcomes so as to check on how well the police are meeting the objectives in their role and duties.
Performance evaluation of each officer is done so as to reward anyone who is showing exemplary performance at work. This ensures that officers perform their work and meet the set standards (Patterson, 1987). This depends on how well an officer meets the goals of the organization.
Peer review is done to check the standards of performance within the group of police and officers whose standards are found to be high are rewarded.
Community satisfaction at individual level involves assessing the contribution of each officer towards the community (Davis, 2000). Any officer found to be very hardworking, is rewarded.
References
Davis, R. (2000). The use of citizen surveys as a tool for police reform. New York vera institute of justice, 25 (4), 47-87.
Department of Safety and Security, (1998). White paper on safety and security. Journal on security, 23 (3), 34-78.
Patterson, T. F. (1987). Refining performance appraisal. Journal of extension. Web.
According Rotteinstein Law Group (RLG) (n.d.), a specific performance is a court order that authorizes a party that breaches a contract to perform certain acts. In addition, a court orders a specific performance when it perceives that damages will inadequately compensate the plaintiff (Kane, n.d.). Just like an injunction, a specific performance is not ordered in every civil law case (RLG, n.d.). This essay not only discuses the elements of Specific Performance but also analyzes whether or not scenarios provided are covered under the doctrine of Specific Performance.
It is worth noting that a court uses its own discretion to award a specific performance (Kane, n.d). Therefore, some cases qualify for specific performance while others do not. Instances where specific performance remedy applies include suits where unique goods, personalities and land are involved (Kane, n.d.). On the other hand, specific performance cannot be granted in cases where it impossible to order it, the plaintiff fails to honor part of the bargain, the contract can be terminated and supervision of the defendant is required (RLG, n.d.).
In the first Scenario, Tarrington enters in to contract with Rainier to sell her house. Afterwards, on finding another suitable buyer, she refuses to sell the house to Rainier. Houses are built on lands, therefore, contracts breaches relating to their sale take the same dimensions as land. While haggling over the price of a house, buyers and sellers generally consider the unique features of a land. This means that contracts breaches relating to the sale of houses can only be settled adequately through specific performance (Kane n.d.).
In the second case, Marita refuses to perform after she contracts, for a month, with Horace’s nightclub. This scenario can also be covered under the doctrine of specific performance because personalities have unique capabilities (Kane, n.d.). People are gifted differently and, therefore, cannot be substituted for others (Kane, n.d.). According to Tufal (n.d.), a court cannot force an actress to act for a plaintiff. However, it can impose an injunction to persuade her to honor a contract by preventing her to perform elsewhere (Tufal, n.d.).
The third Scenario features Juan who enters in to a contract to buy a rare coin from Edmund. This is possible, at that moment, because Edmund decides to do away with his coin collection. However, Edmund chooses to keep his coins. In this case, the court may revert to specific performance and order Edmund to turn over the coin to Juan.This is because the coin is a rare commodity since replacing it with another will not be adequate to compensate Juan.
Lastly, Cary enters in to a contract to sell his 4% share holding in Astro Computer Corp to DeValle. He however, refuses to reassign the shares to him. According to the Blanchard (1997), specific performance is not available unless the damages adequately compensate a plaintiff. However, in this scenario, Devalle can be compensated adequately with money. Therefore, the court cannot order a specific performance by Cary to hand over the shares to him.
In conclusion, specific performance does not apply to all cases involving contracts. Kane (n.d.) reiterates that it is only granted in civil laws suits where damages inadequately compensate the plaintiff. These civil law suits mostly involve rare goods, personalities and land.
References
Rotteinstein Law Group LLP. (n.d). What is “specific performance”? Web.
Blanchard, J. T. (1997). California remedies: commentary, materials and problems (3rd ed.). Web.
Kane, S. ( n.d). Specific performance. Web.
Tufal, A. (n.d.). Cases on equitable remedies. Web.
The concept of a breach of contract plays an important role in legal cases. In the literature on the subject, it is defined as one of the parties not being able to maintain its contractual obligations due to lacking the resources or performance capacity (Merkin & Saintier, 2019). Thus, the terms of a contract get violated, making it impossible to reach a win-win outcome. The given case between Cassie and Pearl features a scenario where Cassie had approved Pearl’s bid for $8,500. It became the point where the contract was formed, as it became Cassie’s obligation to provide Pearl with the required dress. Nevertheless, the expected $8,500 could not be provided because Cassie claimed to have sold the dress to Jade, meaning that the contract with Pearl was breached. In the case of not being able to respect the conditions of the contract, Cassie would be subject to legal action from the non-breaching party. For instance, Pearl could sue for different types of monetary damages, such as nominal, punitive, compensatory, or consequential.
On the other hand, the non-breaching party could also address additional types of remedies, such as Contract Restitution or Specific Performance. The latter would be the best choice for Pearl under the given circumstances, as she would get a chance to restore the exact bargain that was initially included in the contract (Eisenberg, 2018). Pearl would benefit from her non-breaching status, as her actions would be aimed at restoring justice and ensuring that the contractual agreement is respected by all actors involved in the contract. One of the potential issues with the case of applying the Specific Performance clause is that generally, contracts for the sale of goods are not signed unless the item is unique and no similar products are sold in the market (Davies, 2018). Given that the dress bought by Pearl was used in a movie and showcased in a museum, it can be considered a unique clothing item. It would not be available for sale anywhere else in the market because it was one of a kind.
At the same time, Pearl’s legal action against CARDWARE and Candie could be refuted by the latter. The primary reason for it would be the inexistence of a contract being formed at all. It is known from the case files that Cassie smiled and nodded at Pearl, which does not stand for a contract being formed. Even though the bid was acknowledged, it was not accepted legally, meaning that Cassie only recognized Pearl’s willingness to buy the dress and never agreed to sign the contract implying the bid of $8,500. As per Legal Information Institute (n.d.), a sale by auction is complete when the auctioneer announces the sale “by the fall of the hammer or in another customary manner.” Knowing that Cassie never acknowledged the dress being sold to Pearl by the fall of the hammer or in any other customary manner, it can be safe to say that the contract between the two parties was not formed. This creates enough room for Candie and CARDWARE to maintain a consistent defense against Pearl’s claims regarding the breach of contract.
It should be noted here that one of the possible outcomes of the case would be Candie arguing that the dress was never sold to Pearl since there was no contract formed validating the sale. The absence of a legal contract would lead to the majority of obligations related to how Cassie should have sold the dress to Pearl for $8,500 being annulated. Additionally, it would also dissuade the application of the Specific Performance clause in court. The core issue that will have to be addressed by both parties is the inexistence of an announcement that the dress had been sold to Jade. Therefore, the bidding remains open because none of the parties legally purchased the dress being announced by the fall of the hammer or in any other customary manner. Parties involved in the case could be interested in purchasing the dress for the highest bid to settle the disagreement. Since Pearl’s bid of $8,500 was acknowledged by Cassie, it could be considered the highest bid at the time.
Ultimately, Pearl was not able to purchase the dress for $8,500 because Jade offered an additional bid of $500 after Pearl settled for her bid of $8,500. This means that a breach of contract would occur due to Cassie not respecting the conditions of the contract that she had signed when she acknowledged Pearl’s bid. The Specific Performance clause could be brought forward in court since the dress is unique and cannot be bought or sold anywhere else. Nevertheless, Candie and CARDWARE could refute Pearl’s statement by claiming that the contract was never formed. There was no fall of the hammer to announce that the dress had been sold to anyone, including Pearl. Based on the findings from the case, it can be safe to say that Pearl could succeed in court after filing for Specific Performance and breach of contract.
References
Davies, P. S. (2018). JC Smith’s law of contract. Oxford University Press.
Eisenberg, M. A. (2018). Foundational principles of contract law. Oxford University Press.
In certain circumstances, the terms of a contract may become difficult to implement due to unforeseeable difficulties. The injured party may file a lawsuit alleging a breach of contract by the other party (contractor). In his defense, the contractor may point to an impossibility of performance or commercial impracticability.
Normally, the defense of impossibility is only allowed by the law in cases where the performance was impracticable due to an excessive and unreasonable difficulty (Smith, 2012). This paper seeks to analyze a case study in which one party failed to fulfill the terms of a contract due to an alleged impossibility of performance. The paper will include a discussion of the elements of the impossibility of performance and the three situations where the defense can be used; and a discussion of commercial impracticability and its application to the current case.
In this case, Millie had contracted to sell to Frank 10,000 bushels of corn that were to be grown on her farm. As a result of the drought, her yield was much lower compared to the contracted amount and she, therefore, delivered only 250 bushels. Frank agreed to take the 250 bushels but filed a lawsuit citing a breach of contract.
According to the US contract law, the mere fact that unforeseen difficulty occurred does not in itself represent impossibility. The defense of impossibility is only allowed when the performance is rendered impracticable due to an excessive and unreasonable difficulty (Smith, 2012). Impossibility of performance requires the impossibility to be in the nature of the thing to be done (objective) and not in be in the inability of the promisor or subjective impossibility (Camardo Law Firm, 2010).
In cases where the contract concerns the sale of goods three conditions must be satisfied. These conditions can be explained by citing the current case study. First, the drought that occurred represented a contingency. Secondly, the contingency made performance to be impracticable. Thirdly, the non-occurrence of the contingency (draught) was a basic assumption when the parties entered the contract (Camardo Law Firm, 2010). In cases where impracticability has been ascertained as per the criteria outlined above, the promisor can be discharged of his/her contractual duties (Camardo Law Firm, 2010).
Three situations under which impossibility of performance arises can include: when one party (contractor) has undertaken the contract as per the plans and specifications provided by the other party (owner), and the plans and specifications have proved to be defective; when a circumstance that was not considered in the contract has caused unreasonable difficulty that has facilitated an impracticability of performance; and when the terms of the contract are found to contravene the law.
Commercial impracticability of performance can be explained by considering several factors. For instance, in the current case, the parties did not consider any potential difficulties that could result in a commercial impracticability of performance (Smith, 2012). Thus the nature and specifications of a contract are important determinants of commercial impracticability of performance. The contractor is also required to show some effort in meeting the specifications of the contract.
For instance, Millie should have mitigated the effects of drought by using irrigation as an alternative source of water. This factor could have however been taken into account if the parties had considered the possibility of drought when they were signing the contract. Finally, commercial impracticability of performance requires the evaluation of whether or not other contractors had the ability to meet the specifications of the contract (Smith, 2012).
References
Camardo Law Firm. (2010). Impossibility or commercial impracticability of perfomance. Web.
Smith, C. (2012). Impossibility of perfomance. Web.
A friend was contracted by a businessman to paint his house. The agreement was that he should use green paint to paint the face of the shop. However, the friend used a color similar to green and the businessman refused to pay him. A question arose as to whether this amount to substantial performance or it amounts to inferior performance.
The writer feels that this amounts to substantial performance and not inferior performance since the other parts painted were in accordance with the agreement. The only problem was with the paint used on the front of the shop and this amounts to substantial performance. The businessman was not therefore right to deny the contractor his payments (Liuzzo & Bonnice, 2007).
In this paper, the differences between inferior performance and substantial performance will be addressed. The paper will also look at the rights available to the non-breaching party in the case of substantial performance and inferior performance in order to substantiate the position taken on the issue. An overview of the elements of a contract will also be provided.
Analysis
There are six elements of an enforceable contract. For a contract to be enforceable, there must be an offer and acceptance, the contracting parties must be legally competent to enter into a contract, there must be consideration, there should be free consent of the contracting parties, the contract must be legal in nature and the contract should have the intention of creating a legal relationship (Young, 2010). If a contract has all the above elements, it is considered to be a valid contract enforceable in a court of law.
There are differences between substantial performance and inferior performance in contract law. Inferior performance is defined as a material breach of a contract and it happens when one party does not fulfill his contractual obligations. The remedies available for the non-breaching party are to rescind the contract and seek restitution from the breaching party (Young, 2010).
On the other hand, substantial performance means that even if the performance is not equal to the contractual obligations, it is so near that denying the contractor payment will be unreasonable. The remedies available for substantial performance are seeking an order for specific performance and claiming damages (Liuzzo & Bonnice, 2007).
The non-breaching party in the case of inferior performance or substantial performance has the right to withhold payment of the consideration until the work is completed. He also has the right to sue the breaching party for breach of contract and also the right to avoid future obligations arising out of the contract.
According to the provisions of contract law, the non-breaching party has several options in case of substantial performance and inferior performance. The non-breaching party can claim for damages, can seek court order of specific performance by the breaching party, can rescind or annul the contract and can also seek restitution.
The non-breaching party is excused from any other performance arising out of the contract. Another remedy available to the non-breaching party is to claim for consequential damages arising out of the substantial performance or inferior performance (Young, 2010).
The non-breaching party is advised to seek legal redress once it becomes evident that the other party has performed substantial work or inferior work. This can be in the course of the work or after the other party has completed the work. Legal address should be sought after efforts reach to an agreement with the other party about the quality of the work has failed (Young, 2010).
Conclusion
According to the analysis, it is clear that the business man was wrong in denying the painter his full compensation for the work done. There is breach of contract and this amounts to substantial performance since the work done is almost equivalent to the work which the painter had been contracted to do.
The business man should therefore claim for damages or seek an order for specific performance. The business man also has the option of claiming for damages or claiming for consequential damages arising out of the substantial work. Failing to pay the painter is not among his options since there is substantial performance and not inferior performance (Liuzzo & Bonnice, 2007).
References
Liuzzo, A. & Bonnice, J. (2007). Essentials of business law. 6 Edn. New York, NY: McGraw-Hill/Irwin.
Young, M. (2010).Contract law: The basics. London: Taylor & Francis Publishers.
Prior to Maoist China, Chinese theater performed using old Beijing style of performance commonly referred to as Beijing opera.1 However, before and during Mao’s era, there were Red Classics in China. According to Liu, Red Classics constitute a body of literary and artistic works regarding the Chinese revolution before the People’s Republic of China (the 1920s-1940s), and the massive cultural production between the 1950s and 1970s.2 Extensively, the Cultural Revolution era (1966-976) canonized Red Classics into Eight Revolutionary Model Plays. Notably, some individuals who participated in the Cultural Revolution did not like Chinese classics such as Beijing operas; however, they admitted to having learned a lot from the era.3
This essay paper argues that Mao adopted an elite form of performance (Chinese classical) to legitimize his regime, establish ideological and cultural leadership, create a new language, and promote the government’s propaganda among the people.
The Red Classics’ vicissitudes indicate the cultural logic of revolutionary hegemony during the Maoist era. The new government embraced revolutionary hegemony to legitimize Mao Zedong’s reign.4 Notably, Red Classics were dominant in China’s cultural arena following promotions by consumers and stated popular culture sectors during the Maoist era. Specifically, government institutions published and sold new editions and reprints of Red Classic novels. Besides, many novels were adapted into films and TV series. Considerably, the restaging of Revolutionary Model Plays earned high viewer ratings, massive book sales, and box office profits.5
Mao wanted to build literacy and cultural cannon through a well-planned production. He considered the establishment of communal revolutionary work as an essential aspect of the Cultural Revolution.6 Notably, Mao did not only view arts and literature as merely tools subsidiary to politics and reflections of the social reality but also emphasized on their cultural centrality in the Chinese revolution and as important in remolding or revolutionary consciousness. Besides, Mao considered the importance of Red Classics in promoting new ethical and moral symbiosis.
Revolutionary hegemony creation aimed at establishing an ideological and cultural leadership through attaining approval of those ruled and by coercion. After assuming power, Mao institutionalized cultural production.7 In particular, the new communist government provided support to Writers Associations. Again, the government established Associations for Cultural Workers and Artists in all China’s provinces and main cities.
The press and media extensively published films, novels, visual arts, and dramas about the Chinese Revolution.8 Middle schools and colleges adopted Red Classics in their curriculum. Further, they were embraced in stores, government offices, factories, hospitals, police stations, prisons, the People’s Liberation Army (PLA), and rural peasants. Cultural by-products included postcards, toys, books, monuments, magazines, art galleries, and museums. Finally, freelance and amateur writers became salaried employees, professional writers, or prominent cultural icons.
The production of Chinese revolutionary novels contributed to the creation of a new language. Notably, both the involvement of social sectors and the government gradually created a “cultural and ideological lingua franca throughout China during Mao’s reign.”9 Again, the writing system of the new lingua franca simplified Chinese characters. Mainly, the new language was meant to enhance literacy and unify and standardize Chinese spoken language.
The Red Classics novels had three major themes. Notably, they were meant to rewrite Chinese history and reality based on a Marxist conception of class struggle. Again, Red Classics novels were intended to reinvent the national myth of China as a heroic epic of oppressed classes.10 Besides, they were meant to project a communist utopia that was characterized by universal appeals and supra-subjectivity of collectiveness through “the people” or “broad masses.”
Maoist regime used Chinese classical to promote the government’s propaganda among the people.11 Remarkably, the use of folk song as a revolutionary song (The East is Red, China has brought Forth a Mao Zedong), Mao’s decision to make his thought part of the constitution in 1945, and the erection of Mao Statues in public places and institutions since 1949 continued to promote Mao’s propaganda. Surprisingly, numerous individuals derived pleasure from Cultural Revolution propaganda, despite that they did not share or accept the ideological message.12
To some extent, Maoist regime contributed to the stagnation of culture during the Cultural Revolution. Notably, numerous works introduced before Cultural Revolution were condemned as aberrations regarding cultural and aesthetic development.13 Notably, the state subjected all artistic production to political regimentation, with consideration to sounds, forms, and colors. For instance, Butterfly Violin Concerto was officially condemned during Cultural Revolution due to a romantic love story for an individual rather than for the party and the communist cause.14
The Chinese communist culture accepted the “female self-beautification within the parameters of the revolutionary aesthetic principles of frugality.”15 As such, self-adornment was common in operas and ballets. For instance, hair decorations (ribbons and bows or flowers) were common in many young rural women who participated in the model ballets and operas. Control in self-adornment was considered as a sign of political liberalism.
Beauty is highly notable in characters from works such as The Red Lantern, Taking Tiger Mountain by Strategy, Song of the Dragon River, and The White Haired Girl.16 The government and social sectors reprinted and revised these works on numerous occasions in the 1950s to fit their objectives.
In 1960’s socialist rural China, the main costume colors were apparent gender differentiated. Notably, women costume colors included turquoise, pink, peach, and pale blue colors17 On the other hand, the principal men costume colors were red, blue, and yellow. Remarkably, some of the classic novels during the communist period showed an existence of a relationship between pink, seductive female sexuality, and femininity during Maoist culture. For instance, in the Tracks in the Snowy Forest (a 1957 novel), two concubines of Landlord Fan took opium to bandits and seductively attempted to distract them using their pink nightgowns.18
The red color was associated with beautiful women. Mainly, beautiful women were referred with names such as “red jade”, “red countenance”, and “rouge and powder.”19 Notably, their sweat was called “red sweat” while their tears were called “red tears.” Women garment terms included “red attire”, “red sleeves”, “red skirt.” On men, red costume symbolized courage, status, and loyalty of male Beijing performers
In conclusion, During Mao’s reign, the country witnessed an increased popularity of Red Classics such as novels, films, TV series, and operas. Notably, some Red Classics were condemned in the public due to their inherent messages. Mainly, Maoist regime has adopted Red Classics to achieve numerous objectives. For instance, Red Classics were used to legitimize Moa Zedong reign. Again, they acted as a tool of establishing an ideological and cultural leadership by winning the consent of the ruled or through coercion.
Besides, Red Classics engineered the creation of a new lingua franca, which enhanced literacy, unified and standardized spoken the Chinese language. In addition, Mao regime used Chinese classical to promote government’s propaganda, which admittedly people enjoyed despite that they did not share or accept the inherent messages. In classical works such as novels and operas, Maoist regime approved the inclusion of beautification through costumes and gender-differentiated colors that reflected the revolutionary artistic principles of frugality.
Bibliography
Liu, Kang. “Reinventing the ‘‘Red Classics’’ in the Age of Globalization.” Neohelicon 37, no 2 (2010): 329–347.
Mittler, Barbara. “A Popular Propaganda? Art and Culture in Revolutionary China.” Proceedings of the American Philosophical Society 152 no. 4 (2008): 466-489.
Roberts, Rosemary. “Gendering the Revolution Body: Theatrical Costume in Cultural Revolution China.” Asian Studies Review 30, no. 2 (2006): 141-159.
Footnotes
Barbara Mittler, “A Popular Propaganda? Art and Culture in Revolutionary China,” Proceedings of the American Philosophical Society 152 no. 4 (2008): 481.
Kang Liu, “Reinventing the ‘‘Red Classics’’ in the Age of Globalization,” Neohelicon 37, no 2 (2010): 329.
Barbara Mittler, 481.
Kang, Liu, 330.
Ibid.
Ibid, 333.
Ibid.
Ibid.
Ibid.
Ibid, 335.
Barbara Mittler, 484.
Ibid, 482.
Ibid, 479.
Ibid.
Rosemary Roberts, “Gendering the Revolution Body: Theatrical Costume in Cultural Revolution China,” Asian Studies Review 30, no 2 (2006): 144.
Affirmative action in the United States has a long and mixed history starting with the American Civil War which was fought essentially over the question of the emancipation of African slaves. Since then, many reforms were undertaken by successive governments, some providing a more robust response than the others. This essay compares the civil rights programs and policies of the Truman, Eisenhower and Kennedy Administrations.
In the 1940s equal rights for Blacks was still very much a nascent concept with past prejudices and white supremacists dominating much of the popular discourse on racial equality.
President Harry S Truman’s term from 1945 to 1953 as the 33rd President was characterized by serious economic and social challenges. Prime amongst these were the actions required for improving the lot of Black America. When Congress passed the retrograde Taft-Hartley Act which effectively empowered factory owners to run their companies in whatever ways they deemed it efficient, it was deplored as a slavery bill by many labor unions.
Truman was against this act and had vetoed it which was overturned in the senate. Truman’s actions earned him the ire of right-wing America but still managed to be reelected to office in 1948. On assuming his second term, Truman’s first drive to bring inequality among races was to initiate his Fair Deal proposals (About the White House 7), which called a fair deal for every segment of the population, a call for universal health care, housing act 1949, as also the desegregation of the US armed forces.
Truman was a latecomer to the equality question but nonetheless, as the President, he ordered the desegregation of the US armed forces and appointed the first Federal Civil Rights Committee to investigate racial discrimination and was the first sitting President to address The National Association for the Advancement of Colored People (NAACP) (Geselbracht 21).
Eisenhower, who succeeded Truman as the 34th President from 1953 to 1961 despite his personal ambivalence to the race question, gave real impetus to the civil rights movement. Eisenhower completed the Truman administration’s initiative of desegregation of the US armed forces. Eisenhower had supported the Brown Vs Board of Education (1954) Supreme Court decision and had pushed for integration of white and black children in Public schools and proposed and signed the Civil Rights Acts of 1957 and 1960 (Pauley 64).
The 1957 Civil Rights Act aimed to give blacks the right to vote on an equal basis as the rest of the citizens of America. The Democrats opposed the bill which was then watered down and its enforcement limited. The Act however opened the door for subsequent affirmative action and modification and removed segregation in housing policies. Eisenhower persisted and signed the 1960 Civil Rights Act which expanded the authority of federal judges to protect the voting rights and establish voter electoral rolls.
While Truman and Eisenhower both supported affirmative action in their own way, their approach to the issue was decidedly conservative. The personal philosophies of both the Presidents were set in the social fabric and cultural norms of that period which limited their freedom of action. By the time Eisenhower demitted office in 1961, Black America had been awakened leading to protests and riots which invited an equally harsh response from the White conservative lobby. Race relations were strained and it was in this cauldron of turmoil that President John F Kennedy arrived with a firm view of eradicating racialism and inequality in America.
Kennedy believed in nurturing a grassroots movement to bring about real change in America. His famous speech on race relations in 1963 (Pauley 106) set the pace for the inclusion of the Civil Rights Bill (Donaldson 91) which later transformed into the groundbreaking Civil Rights Act of 1964 that outlawed racial segregation in all walks of life. The act also created the Equal Employment Opportunity Commission.
Kennedy also created the Presidential Commission on the Status of Women that paved the way for legal and official support to ensure equal treatment of women in the workplace. This initiative helped not only all women but also colored women who had previously suffered the double ignominy of being black and a woman. The only black mark in Kennedy’s sterling performance for affirmative action was his allowing the Federal Bureau of Investigation (FBI) to wiretap Martin Luther King on the allegations that he was a communist.
The Three Presidents in their own ways steered affirmative action and ensuring that African-Americans could get their rightful place in American society. Truman, before he was the President had been a reluctant convert to the cause of affirmative action. However, on assuming office he realized the grave fallacy in the contours of American society and had thus initiated the process. Truman’s contribution is truly important because he dared to confront popular (mis)beliefs, and take the risk of losing reelection and yet force through far-reaching changes in the ways America looked at its people of color.
Eisenhower, despite his personal misgivings, honored the responsibilities of his august office and brought the civil rights process to its logical conclusion in the case of the US armed forces where he completed the Truman administration’s desegregation policies. The 1957 and 1960 Civil Rights Acts were his contributions to the progress of the Civil Rights movement. But by far the most courageous and visionary actions taken were by John F Kennedy whose humane and idealistic approach led to the civil rights movement gaining critical mass.
Kennedy’s famous speech in 1963 where he admitted that race relations were a question of morality for the nation became an important milestone in the Civil Rights Movement. His administration pushed through the Civil rights bill that later led to the Civil Rights Act 1964 was a defining moment of his short and tragic Presidency. It is doubtless that had Kennedy not been assassinated in 1963, the Civil Rights movement would have achieved considerably more results in that period.
The Presidencies of Bill Clinton and George W Bush: A Comparative Study
In recent times, perhaps no two presidencies have generated such intense debate as those of Presidents William Jefferson Clinton and George W Bush. Each President had a unique set of challenges before him and thus had to find solutions and policies to face those challenges. This essay compares the performance of Clinton and Bush as Presidents and their respective legacies.
Bill Clinton, a Democrat, served as the 42nd President of the United States while George Walker Bush, a Republican, was the 43rd President. Clinton came from a humble background, who through his intellect and perseverance earned scholarships to fund his education that included majoring in Philosophy, Politics, and Economics at Oxford and a law degree from Yale. Bush on the other hand came from a well-established family with substantial landholdings in Texas and thus never had to struggle for his education.
These life experiences of both the Presidents impinged on their leadership styles during their respective Presidencies. Clinton won his 1992 election on a domestic platform with promises to improve the economy. George W Bush doubtfully won his election. Bill Clinton left an economy with a record surplus of $ 236 Billion (BushLies.net 1). George Bush left an economy in shambles thanks to his disastrous foreign policy initiatives. Clinton supported gay rights in the armed forces but was only successful in pushing through ‘Don’t ask Don’t Tell’ legislation in Congress. Bush, a born-again Christian has conservative views on gays and lesbians.
The Clinton administration’s foreign policy initiatives were more nuanced and balanced. Clinton pushed through the North American Free Trade Agreement (NAFTA) which was opposed by the Republicans. The Clinton administration was more concerned with larger issues facing the world such as global warming and conservation issues. Bush pushed through the No Child Left Behind Act and the Medicare initiatives which were well received by the American public. The Bush administration undoubtedly had to take a tough stance in its ‘War on Terror’ after the 9/11 attacks but went completely overboard, surrendering foreign policy right-wingers of the American society.
Bush failed to strike a balance and went along with the neo-conservatives with their arrogant and insensitive ’either you are with us or against us’ formulations. Bush’s preoccupation with War on Terror diverted his attention from domestic issues thus when Hurricane Katrina struck New Orleans, the inefficiency of the federal authorities came out in the open which further reduced Bush’s approval ratings. Bush also showed a complete lack of statesmanship and diplomacy when he openly labeled sovereign countries as ‘axis of evil’, something which Clinton had never done.
The Bush administration’s invasion of Iraq was completely unjustified and dishonest as subsequent investigations proved that the intelligence community had deliberately ‘sexed up’ the Iraq dossier to prove that Saddam Hussein was on the verge of acquiring weapons of mass destruction. The Bush administration paid only lip service to larger issues like global warming and had been instrumental in scuttling the Kyoto Protocol. The Bush administration went so far as to commission scientists who claimed that there was no empirical evidence to relate man-made emissions with global warming.
Clinton’s biggest failing was his behavior. Clinton was accused of sexual harassment by Paula Jones and later in the Monica Lewinsky affair, he was almost impeached. There had been enough evidence to prove that Clinton lied under oath. In the end, the decision not to impeach the President rested more on political considerations rather than judicial correctness or the merits of the case.
It must be highlighted that the House of Representatives on December 19, 1998, had impeached the President on the grounds of perjury to the grand jury by a margin of 228-206 and obstruction of justice by a 221-212 vote, however; the Senate acquitted him voting along party lines. However, despite the Lewinsky affair, Clinton had an approval rating of 73% after his impeachment trial and he completed his tenure with an approval rating of 68% (CBS ¶4), one of the highest in the history of the US Presidencies.
In comparison, Bush displayed no such weakness for women but did display weakness in a general understanding of the world. Bush’s simplistic visions of ‘good guys and bad guys’ were exploited by his right-wing neoconservative staff who only presented one side of the story to the President. It was often reported that almost all decisions during the Bush-era were influenced by Vice President Dick Cheney and Donald Rumsfeld who in the end became so toxic that he had to be sacked. In the end, Bush demitted office with just a 22% approval rating (CBS ¶1), going down in history as the second most unpopular President after Richard Nixon.
During the Clinton era, foreign policy had a certain balance. Clintons were greeted enthusiastically everywhere they went. Clinton made a visible effort to connect with the wider world. The foreign policy decisions of the Bush administration made America the most hated nation on Earth. The policy of preemption and unilateralism was disliked even by allies who loudly decried it. The declaration of the War on Terror and its general course has been criticized by diplomats the world over. Gordon states that the “approach to the war on terror has created more terrorists than it has eliminated”(¶1). According to Baker III & Hamilton, “estimates run as high as $ 2 trillion for the final cost of the US involvement in Iraq”(27).
In conclusion, it can be emphatically stated that Bill Clinton was a better President than George W Bush. Clinton had a better understanding of the wider world, was better read, and was more perceptive. He also had an independent mindset and could apply his own knowledge and judgment while taking decisions. Bush on the other hand displayed no such sagacity either in manner or speech. Bush, who in his first tenure earned the admiration of the American public because of his forthright and blunt way of speaking, came to be reviled as arrogant and ill-informed in his second tenure. Bush’s overreliance on his Vice President and Secretary of Defense proved to be his undoing.
Works Cited
About the White House. “Harry S Truman.” 2009. Whitehouse website. Web.
Baker III, James A & Hamilton, Lee H. “The Iraq Study Group Report”. 2009. Web.
BushLies.net. “The Clinton Record Vs Bush II.” 2005. Big Lies. Web.
CBS. “Bush’s Final Approval Rating: 22 Percent.” 2009. CBS News. Web.
Donaldson, Gary. Liberalism’s last Hurrah: The Presidential Campaign of 1964. NY:M.E. Sharpe, 2003.
Geselbracht, Raymond H. The Civil Rights Legacy of Harry S. Truman. Kirksville:Truman State University, 2007.
Gordon, Philip H. “Can the War on Terror be won?” 2007. Foreign Affairs. Web.
Pauley, Garth E. The Modern Presidency & Civil Rights: Rhetoric on Race from Roosevelt to Nixon. College Station:Texas A&M University Press, 2001.
The leadership and the principles of successful warfare are fundamental aspects peculiar to the commander’s military performance. Armed conflicts and military operations are the primary responsibilities of the commander’s mission and the complex issue to examine. According to the ADP 6-0 Mission Command, commanders implement command and control (C2) by integrating the art of command and the science of control.
Therefore, the commander plays a crucial role in combat since he is responsible for making the right decisions promptly, as well as under intense pressure. The wrong and ill-timed decisions lead to severe outcomes, including human casualties, and might affect national strategic objectives. With that said, military commanders must adhere to the core principles of mission command, which facilitates effectiveness and success when delegating responsibilities to subordinates and distributing appropriate resources to meet the assigned tasks.
The seven principles of mission command serve as the framework for a sufficient commander’s performance. One can achieve beneficial results by following these principles, which include “competence, mutual trust, shared understanding, commander’s intent, mission orders, disciplined initiative, and risk acceptance.”
This paper examines the LTC Honeycutt’s capacity to appropriately utilize Mission Command that resulted in the victory of the American troops at Dong Ap Bia. As described by Ward and Burns, Lieutenant Colonel Weldon F. Honeycutt led three companies of the 187th and is widely known as an aggressive officer who was called a Blackjack. He joined the army in 1946 and joined the 187th Airborne Regimental Combat Team during the Korean War. Honeycutt took his battalion into the battle at Hamburger Hill, which was considered as one of the bloodiest engagements of the Vietnam War.
The Analysis of the Commander’s Performance
The Battle of Hamburger Hill occurred in 1969 and had a significant meaning in terms of general perspective on the Vietnamese War. Despite the American victory and Honeycutt’s view of the heroic performance, the critics were less approbatory of the military leadership’s performance due to irresponsible losses. The events that occurred within this battle are, therefore, considered as the most complex and disputable events of the Vietnam conflict. The perception of the Vietnamese War in 1969 was torn between the American population and the political spectrum. As such, the primary task was to satisfy both the military and the American public.
Consequently, the political circles were concerned about putting an end to War as the policy of public appeasement, as well as achieving victory as the military target. As a result, the U.S. military established a new strategy, which was based on searching and destroying missions, meaning that the troops were focused on investigating the area in order to detect an enemy. Such a tactic resulted in the 187th Infantry’s attack on Dong Ap Bia Mountain, which was later called Hamburger Hill.
The Hamburger Hill battle occurred at the beginning of May, in 1969, and was a combined operation of South Vietnamese ARVN troops and U.S. Army soldiers from the 3rd Brigade, 101st Division. The American forces were determined to explore the territory in finding the enemy. Eventually, the enemy was observed on the ridge numbered 937 by American Army maps and was detected as the 29th North Vietnamese regiment.
The arms fire over the Hill 937 started on May 10 and was actively bombarding until May 14. LTC Honeycutt immediately responded to the firearms of the Vietnamese enemy. Wright mentioned that Weldon Honeycutt was a “feisty veteran of the Korean War,” which means he was prepared for the battle. Three companies of the 187th Airborne began planned maneuvers up the mountain hill. As stated by Geoffrey and Ken Burns, the battle was so furious and “sometimes so loud and relentless that radios proved useless. The southern side of the hill was assaulted by the 1/506th Airborne led by Lt. Roger Leasure.
A complete attack started after four days of the uphill struggle, and since then, the hill was called the Hamburger Hill because the U.S. attackers were ground up by enemy protectors. On May 20, the hill was taken by the American Army. Operation Apache Snow was the code name for the joint operation of the U.S. Army and a South Vietnamese infantry regiment against North Vietnamese activities in the A Shau Valley.
Based on combat reports, the goals of the operation were successfully implemented by the U.S. forces. The Hamburger Hill battle took the lives of 48 Americans and nearly 600 North Vietnamese. However, it was considered a controversial aspect of the American Army history by many reporters. Together with some soldiers on the hill, they all doubted the tactical relevance of the combat and the application of regular tactics instead of modern airstrike technology.
The Mission Command Philosophy
Lieutenant Honeycutt managed to demonstrate the leadership qualities of the commander and left a significant mark within the course of American history. By analyzing the basic principles of the mission command, one might notice that some of them were successfully applied during the Hamburger Hill battle. To be more specific, the commander’s leadership and competence are the essential components of successful combat. LTC Honeycutt led the American army to the victory on Hamburger Hill due to a professional combination of the art of command and the science of control.
The U.S. troops addressed many challenges during the fight, such as enemy territory, severe weather conditions, and skilled opponent in unforeseen numbers and with cautiously chosen battlefield to counteract the power of American technology. Nevertheless, they did not undermine the commander’s determination and impetus to take the lead of his combat group.
Furthermore, the 3rd Battalion/187th Infantry Regiment, nicknamed the Rakkasans, had an explicit trust in their commander. Honeycutt led the U.S. to victory during the War in Vietnam when he made his company to be the one that managed to take the vital hill after two abortive attempts of the previous companies. The commander’s performance was based on aggression and a common successful experience that allowed him to form coherent teams under the spirit of trust. The commander assigned each of the companies with a clear division of tasks and responsibilities as the battle group was placed in the operating zone. Thus, the companies were well informed about the shared mission and the centerline of the battle.
Weldon Honeycutt also achieved a shared understanding of individual and cooperative teamwork with his company commanders. As a result, this concept was shared with the soldiers as well. For instance, this can be traced when the commander of Company B, Captain Littman, demanded the instructions from the corps C.P. on May 10.
The commander of the battle group ordered him to relocate the company up the hill, and the Captain expressed full support and readiness to follow the instructions. In addition, the commander of the battalion Rakkasans provided a clear intent through leading by example. LTC Honeycutt injured his back and leg during the battle, however, he still managed to manifest strong courage to fight when he flew to the battalion surgeon and was back to the war zone shortly afterward.
The commander tended to take risks regularly as he flew over the fighting field to investigate his operating companies. He guided them in the axial direction and required support when being under enemy attack. Although, the most crucial and risky decision was made when Lt. Colonel Honeycutt decided to attack the hill alone on May 16 and refused to await the 1/506 group. The commander ordered his battle group to launch the attack because waiting for the 1/506 might give sufficient time for the NVA to rearrange and renew the supplies. In such circumstances, the enemy would become more difficult to destroy.
Conclusion
The core principles of the mission command and its philosophical basis within military strategy enabled to proper examine the commander’s performance and combat power in the Hamburger Hill battle during the Vietnam War. This analysis promotes a better understanding and assessment of the events and mission, as well as the tactics that helped LTC Honeycutt to lead his battalion and the United States to victory.
The Hamburger Hill battle is crucial within the course of the Vietnam War since it might serve as a model for the current commanders to assist in successful operations. It is vital to adhere to the fundamental aspects of the mission command, such as command and control, and learn to demonstrate tremendous skills in combining them along with seven key principles. The commanders must be exemplary leaders who allocate clear and concise tasks, as well as a mission to their subordinates and companies. Setting precise objectives and the purpose of military intervention is the key to the successful outcomes of warfare.
Bibliography
ADP 6-0, Mission Command: Command and Control of Army Forces. 2019. Washington, D.C.: Headquarters. Department of the Army.
Daddis, Gregory A. 2017. Withdrawal: Reassessing America’s Final Years in Vietnam. New York, NY: Oxford University Press.
Fox, Mason E. 2019. “The Vietnam War at Home and Abroad: Soldiers, Military Leadership, and the Antiwar Movement.” Honors Theses, the University of Tennessee at Chattanooga.
Niles, Douglas. 2015. A Noble Cause: American Battlefield Victories in Vietnam. New York, NY: Penguin Random House LLC.
Ward, Geoffrey C., and Ken Burns. 2018. The Vietnam War: An Intimate History. New York, NY: Penguin Random House LLC.
Wright, James Edward. 2017. Enduring Vietnam: An American Generation and its War. New York, NY: St. Martin’s Press.