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In view of the passage given below. Choose the best option for question.
When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.
Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.
The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.
The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundre<l times before employing new Jabour. Jn other ways too, the government hurts industries.
Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-buSiness policy is the best pro-people policy By then, of course, the wor1a woul<l nave move<l even farther ahead.
The writer's attitude towards the Government is.
Options
critical
ironical
sarcastic
derisive
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Solution
critical
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In recent weeks, the writers William Dalrymple and Patrick French, among others, have come before a fusillade of criticism in India, much of it questioning not their facts, not their interpretations, but their foreignness.
"Who gets to write about India?" The Wall Street Journal asked on Wednesday in its own report on this Indian literary feuding. It is a complicated question, not least because to decide who gets to write about India, you would need to decide who gets to decide who gets to write about India. Rather than conjecturing some Committee for the Deciding of the Deciding of Who Gets to Write about India, it might be easier to let writers write what they please and readers read what they wish.
The accusations pouring forth from a section of the Indian commentariat are varied. Some criticism is of a genuine literary nature, fair game, customary, expected. But lately a good amount of the reproaching has been about identity.
In the case of Mr. Dalrymple, a Briton who lives in New Delhi, it is - in the critics' view - that his writing is an act of re-colonization. In the case of Mr. French, it is that he belongs to a group of foreign writers who use business-class lounges and see some merit in capitalism and therefore do not know the real India, which only the commentariat member in question does.
What is most interesting about these appraisals is that their essential nature makes reading the book superfluous, as one of my Indian reviewers openly admitted. (His review was not about the book but about his refusal to read the book.) The book is not necessary in these cases, for the argument is about who can write about India, not what has been written.
For critics of this persuasion, India surely seems a lonely land. A country with a millennial history of Hindus, Christians, Jews, Muslims and Buddhists living peaceably together; a country of hundreds.of dialects in which so many Indians are linguistic foreigners to each other, and happily, tolerantly so; a country that welcomes foreign seekers (of yoga poses, of spiritual wisdom, of ancestral roots) with open arms; a country where, outside the elite world of South Delhi and South Bombay, I have not heard an Indian ask whether outsiders have a right to write, think or exist on their soil.
But it is not just this deep-in-the-bones pluralism that challenges the who-gets-to write- about India contingent. It is also that at the very heart of India's multifarious changes today is this glimmering idea: that Indians must be rewarded for what they do, not who they are.
Identities you never chose - caste, gender, birth order - are becoming less important determinants of fate. Your deeds - how hard you work, what risks you take - are becoming more important.
It is this idea, which I have found pulsating throughout the Indian layers, that leaves a certain portion of the intelligentsia out of sync with the surrounding country. As Mr. French has observed, there is a tendency in some of these writers to value social mobility only for themselves. When the new economy lifts up the huddled masses, then it becomes tawdry capitalism and rapacious imperialism and soulless globalization.
Fortunately for those without Indian passports, the nativists' vision of India is under demographic siege. The young and the relentless are India's future. They could not think more differently from this literatis.
They savor the freedom they are gaining to seek their own level in the society and to find their voice, and they tend to be delighted at the thought that some foreigners do the same in India and love their country as much as they do.
The writer uses the phrase, 'who gets to write about India contingent' in this passage to refer to:
Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.
It is a matter of life or death: that’s a concept that gets our attention, whether chuckling over it in a B-grade film or engrossed by it in an A-grade medical book such as this year’s Pulitzer Prize winner for nonfiction, The Emperor of All Maladies: A Biography of Cancer by Siddhartha Mukherjee. It isn’t hyperbole to call Emperor a literary masterpiece. The Pulitzer citation describes it as, “an elegant inquiry, at once clinical and personal, into the long history of an insidious disease that, despite treatment breakthroughs, still bedevils medical science.” “Elegant” is an apposite description of the New York-based oncologist’s prose, whether he is rephrasing Tolstoy: “Normal cells are identically normal; malignant cells become unhappily malignant in unique ways”; or explaining the book’s provocative title: “This book is a ‘biography’ in the truest sense of the word – an attempt to enter the mind of this immortal illness, to understand its personality, to demystify its behavior”; or extrapolating, from cancer’s ability to mutate, into the realm of philosophy: “If we, as a species, are the ultimate product of Darwinian selection, then so, too, is this incredible disease that lurks inside us.” Mukherjee weaves together multiple stories about medical advances, doctors and scientists, and the patients who teach us something in the living or dying. Emperor is a historical account of cancer; we understand how cancer rose to prominence as a leading cause of death – as a direct result of human beings living longer now, and more likely to develop cancer. A greater understanding of the disease however comes with the caveat, the more you
know, the more aware you are of how much you don’t know. Tales related to surgery, with its inherent drama, has the edge on our medical reading lists. Some medical books fall into the Self Help category — one of the most successful genres in the publishing world today. While the genre can attract those looking to make a quick buck by peddling to people’s insecurities, there are some useful tomes too. Author Tim Parks in Teach Us to Sit Still shares how reading a famous self-help book, A Headache in the Pelvis helped with his chronic pelvic pain syndrome. Medical books deal with a subject close to our hearts — us, we, ourselves. Perhaps the ones we are most drawn to – thrillers aside – are those that give us a deeper insight into how the mind-body machine works, why we are sick, how we can get better — and, unhappily, sometimes, why we can’t.
In his book, Tim Parks
Answer the question based on the following information. Indicate which of the statements given with that particular question consistent with the description of unreasonable man in the passage below.
Unreasonableness is a tendency to do socially permissible things at the wrong time. The unreasonable man is the sort of person who comes to confide in you when you are busy. He serenades his beloved when she is ill. He asks a man who has just lost money by paying a bill for a friend to pay a bill for him. He invites a friend to go for a ride just after the friend has finished a long car trip. He is eager to offer services wh1ch are not wanted, but which cannot be politely refused. If he is present at an arbitration, he stirs up dissension between the two parties, who were really anxious to agree. Such is the unreasonable man.
The unreasonable man tends to
Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.
Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.
In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.
Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.
However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on upon internally trained managers. This has led to the rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.
The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations.
According to the passage
Read the given passage carefully and attempt the questions that follow.
MY LOVE OF NATURE, goes right back to my childhood, to the times when I stayed on, my grandparents' farm in Suffolk. My father was in the armed forces, so we were always moving and didn't have a home base for any length of time, but I loved going there. I think it was my grandmother who encouraged me more than anyone: she taught me the names of wild flowers and got me interested in looking at the countryside, so it seemed obvious to go on to do Zoology at University.
I didn't get my first camera until after I'd graduated, when I was due to go diving in Norway and needed a method of recording the sea creatures I would find there. My father didn't know anything about photography, but he bought me an Exacta, which was really quite a good camera for the time, and I went off to take my first pictures of sea anemones and starfish. I became keen very quickly, and learned how to develop and print; obviously I didn't have much money in those days, so I did more black and white photography than colour, but it was all still using the camera very much as a tool to record what I found both by diving and on the shore. I had no ambition at all to be a photographer then, or even for some years afterwards.
Unlike many of the wildlife photographers of the time, I trained as a scientist and therefore my way of expressing myself is very different. I've tried from the beginning to produce pictures that are always biologically correct. There are people who will alter things deliberately: you don't pick up sea creatures from the middle of the shore and take them down to attractive pools at the bottom of the shore without knowing you're doing it. In so doing you're actually falsifying the sort of seaweeds they live on and so on, which may seem unimportant, but it is actually changing the natural surroundings to make them prettier. Unfortunately, many of the people who select pictures are looking for attractive images and, at the end of the day, whether it's truthful or not doesn't really matter to them. It's important to think about the animal first, and there are many occasions when I've not taken a picture because it would have been too disturbing. Nothing is so important that you have to get that shot; of course, there are cases when it would be very sad if you didn't, but it's not the end of the world. There can be a lot of ignorance in people's behaviour towards wild animals and it's a problem that more and more people are going to wild places: while some animals may get used to cars, they won't get used to people suddenly rushing up to them. The sheer pressure of people, coupled with the fact that there are increasingly fewer places where no-one else has photographed, means that over the years, life has become much more difficult for the professional wildlife photographer.
Nevertheless, wildlife photographs play a very important part in educating people about what is out there and what needs conserving. Although photography can be an enjoyable pastime, as it is to many people, it is also something that plays a very important part in educating young and old alike. Of the qualities it takes to make a good wildlife photographer, patience is perhaps the most obvious -you just have to be prepared to sit it out. I'm actually more patient now because I write more than ever before, and as long as I've got a bit of paper and a pencil, I don't feel I'm wasting my time. And because I photograph such a wide range of things, even if the main target doesn't appear I can probably find something else to concentrate on instead.
She did more black and white photography than colour because
Read the given passage carefully and answer the questions that follow.
There is a fairly universal sentiment that the use of nuclear weapons is clearly contrary to morality and that its production probably so, does not go far enough. These activities are not only opposed to morality but also to the law if the legal objection can be added to the moral, the argument against the use and the manufacture of these weapons will considerably be reinforced. Now the time is ripe to evaluate the responsibility of scientists who knowingly use their expertise for the construction of such weapons, which has deleterious effect on mankind.
To this must be added the fact that more than 50 percent of the skilled scientific manpower in the world is now engaged in the armaments industry. How appropriate it is that all this valuable skill should be devoted to the manufacture of weapons of death in a world of poverty is a question that must touch the scientific conscience.
A meeting of biologists on the Long-Term Worldwide Biological consequences of nuclear war added frightening dimension to those forecasts. Its report suggested that the long biological effects resulting from climatic changes may at least be as serious as the immediate ones. Sub-freezing temperatures, low light levels, and high doses of ionizing and ultraviolet radiation extending for many months after a large-scale nuclear war could destroy the biological support system of civilization, at least in the Northern Hemisphere. Productivity in natural and agricultural ecosystems could be severely restricted for a year or more. Post war survivors would face starvation as well as freezing conditions in the dark and be exposed to near lethal doses of radiation. If, as now seems possible, the Southern Hemisphere were affected also, global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the earth’s animals, plants and microorganisms seem possible.
The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.
The biological consequences of nuclear war as given in the passage include all the following, except
Read the passage and answer the question following it.
Roger Rosenblatt's book 'Black Fiction', manages to alter the approach taken in many previous studies by making an attempt to apply literary rather than socio-political criteria to subject Rosenblatt points out that criticism of Black writing has very often served as a pretext for an expounding on Black history. The recent work of Addison Gayle's passes judgment on the value of Black fiction by clear political standards, rating each work according to the ideas of Black identity, which it propounds. Though fiction results from political circumstances, its author reacts not in ideological ways to those circumstances and talking about novels and stories primarily as instruments of ideology circumvents much of the enterprise. Affinities and connections are revealed in the works of Black fiction in Rosenblatt's literary analysis; these affinities and connections have been overlooked and ignored by solely political studies.
The writing of acceptable criticism of Black fiction, however, presumes to give satisfactory answers to quite a few questions. The most important of all, is there a sufficient reason, apart from the racial identity of the authors, for the grouping together of Black authors? Secondly, what is the distinction of Black fiction from other modern fiction with which it is largely contemporaneous? In the work, Rosenblatt demonstrates that Black fiction is a distinct body of writing, which has an identifiable, coherent literary tradition. He highlights recurring concerns and designs, which are independent of chronology in Black fiction written over the past eighty years. These concerns and designs are thematic, and they come to form the central fact of the predominant white culture, where the Black characters in the novel are situated irrespective of whether they attempt to conform to that culture or they rebel against it.
Rosenblatt's work does leave certain aesthetic questions open. His thematic analysis allows considerable objectivity; he even clearly states that he does not intend to judge the merit of the various works yet his reluctance seems misplaced, especially since an attempt to appraise might have led to interesting results. For example, certain novels have an appearance of structural diffusion. Is this a defeat, or are the authors working out of, or attempting to forge, a different kind of aesthetic? Apart from this, the style of certain Black novels, like Jean Toomer's Cane, verges on expressionism or surrealism; does this technique provide a counterpoint to the prevalent theme that portrays the fate against which Black heroes are pitted, a theme usually conveyed by more naturalistic modes of expressions?
Irrespective of such omissions, what Rosenblatt talks about in his work makes for an astute and worthwhile study. His book very effectively surveys a variety of novels, highlighting certain fascinating and little-known works like James Weldon Johnson's Autobiography of an Ex-Coloured Man. Black Fiction is tightly constructed, and levelheaded and penetrating criticism is exemplified in its forthright and lucid style.
Rosenblatt's discussion of Black Fiction is
The question in this section is based on a single passage. The question is to be answered on the basis of what is stated or implied in the passage.
The spread of education in society is at the foundation of success in countries that are latecomers to development. In the quest for development, primary education is absolutely essential because it creates the base. But higher education is just as important for it provides the cutting edge. And universities are the life-blood of higher education. Islands of excellence in professional education, such as Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs), are valuable complements but cannot be substituted for universities that provide educational opportunities for people at large.
There can be no doubt that higher education has made a significant contribution to economic development, social progress and political democracy in independent India. It is a source of dynamism for the economy. It has created social opportunities for people, it has fostered the vibrant democracy in our polity. It has provided a beginning for the creation of a knowledge society. But it would be a mistake to focus on its strengths alone. It has weaknesses that are a cause for serious concern. There is, in fact, a quiet crisis in higher education in India that runs deep. It is not yet discernible simply because there are pockets of excellence, an enormous reservoir of talented young people and intense competition in the admissions process. And, in some important spheres, we continue to reap the benefits of what was sown in higher education 50 years ago by the founding fathers of the republic. The reality is that we have miles to go. The proportion of our population, in the age group 18-24, that enters the world of higher education is around 7%, which is only one-half the average for Asia. The opportunities for higher education, in terms of the number of places in universities, are simply not enough in relation to our needs. What is more, the quality of higher education in most of our universities requires substantial improvement? IT is clear that the system of higher education in India faces serious challenges. It needs a systematic overhaul so that we can educated much larger numbers without diluting academic standards. This is imperative because the transformation of economy and society in the 21st century would depend, in significant part, on the spread and the quality of education among our people, particularly in the sphere of higher education. It is only an inclusive society that can provide the foundations for a knowledge society.
The challenges that confront higher education in India are clear. It needs a massive expansion of opportunities for higher education, to 1500 universities nationwide, that would enable India to attain a gross enrolment ration of at least 15% by 2015. It is just as important to raise the average quality of higher education in very sphere. At the same time, it is essential to create institutions that are exemplars of excellence at par with the best in the world. In the pursuit of these objectives, providing people with access to higher education in a socially inclusive manner is imperative. The realization of these objectives, combined with access, would not only develop the skills and capabilities we need for the economy but would also help transform India into a knowledge economy and society.
According to the passage, which of the following is correct?
The questions in this section are based on the passage. The questions are to be answered on the basis of what is stated or implied in the passage.
Under very early common law, all felonies were punishable by death. The perpetrators of the felony were hanged whether or not a homicide had been committed during the felony. Later, however, some felonies were declared be non-capital offences. The common law courts, in need of a deterrent to the use of deadly force in the course of these non-capital felonies, developed the "felony-murder" rule. The first formal statement of the rule stated: "Any killing by one in the commission of a felony is guilty of murder." The killing was a murder whether intentional or unintentional, accidental or mistaken. The usual requirement of malice was eliminated and the only criminal intent necessary was the intent to commit the particular underlying felony. All participants in the felony were guilty of a murder-actual killer and non-killer confederates.
Proponents of the rule argued that it was justified because the felony demonstrated a lack of concern for human life by the commission of a violent and dangerous felony and that the crime was murder either because of a conclusive presumption of malice or simply by force of statutory definition.
Opponents of the rule describe it as a highly artificial concept and "an enigma wrapped in a riddle." They are quick to point out that the rule has been abandoned in England where it originated, abolished in India, severely restricted in Canada and a number of other commonwealth countries are unknown in continental Europe and abandoned in Michigan. In reality, the real strength of the opponents' criticism stems from the bizarre and of times unfair results achieved when the felony-murder rule is applied mechanically. Defendants have been convicted under the rule where the killing was purely accidental, or the killing took place after the felony during the later flight from the scene; or a third party killed another (police officer killed a citizen or vice versa; or a victim died of a heart attack 15 -20 minutes after the robbery was over or the person killed was an accomplice in the felony).
Attacks on the rule have come from all directions with basically the same demand -reevaluate and abandon the archaic legal fiction; restrict and limit vicarious criminal liability; prosecute killers for murder, not non-killers; increase punishment for the underlying felony as a real deterrent, and initiate legislative modifications. With the unstable history of the felony -murder rule, including its abandonment by many jurisdictions in this country, the felony -murder rule is dying a slow but certain death.
According to the passage, the decline of support for the felony –murder rule is indicted by the abandoning of the rule in all of the following locations EXCEPT
Read the given passages and answer the question with the help of the information provided in the passage.
The Constitution of the United States protects both property rights and freedom of speech. At times, these rights conflict. The resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather, it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.
In the area of the quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When· persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is "affected with a public interest, it ceases to be private." Throughout the development of Anglo-American law; the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position, the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: The only real purpose and justification of any of these centres is to serve the people in the area - not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve. These doctrines should be applied when accommodation must be made between a shopping centre owner's private property rights and the public's right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: "When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ..... we remain mindful of the fact that the latter occupy a preferred position."
All other things being equal, the courts must
