Friday, October 11, 2019
Radical Issues in the Colonies :: essays research papers
During the colonial period of America, many colonists struggled with the laws imposed upon them by England. The struggle grew over the years until many Americans had developed a revolutionary attitude toward their mother country. This attitude not only led the colonists into the American Revolution which freed them from the rule of England, but also influenced the ways in which the various colonies chose to govern themselves. The experience of colonial rule caused the new Americans to denounce certain aspects of government which had been a part of their colonial society and, in fact, seemed somewhat radical at the time. However, the most revolutionary act they seem to have accomplished was the war for independence itself. à à à à à The Virginia Declaration of Rights, which served as a basis for many Bills of Rights in state constitutions, laid out basic rights of men as the foundation of their new government. The idea that ââ¬Å"all men are by nature equally free and independentâ⬠is then qualified in the document itself by the phrase ââ¬Å"when they enter into a state of society.â⬠The phrase regarding society is intended to exclude slaves from the ââ¬Å"free and independentâ⬠status given to all other men. John Ross expanded on this theme at a New York state convention where he stated that blacks are ââ¬Å"seldom, if ever, required to share in the common burthens or defence of the stateâ⬠and are ââ¬Å"incapableâ⬠¦of exercising that privilege with any sort of discretion, prudence, or independence.â⬠Colonel Samuel Young, speaking at the same convention where Ross stated his views, felt that blacks would ââ¬Å"sell their votes to the highest bidder.â⬠The views seem oddly the same, though blacks were no longer slaves in New York at that time. The Pennsylvania Gradual Abolition Act of 1980 started the abolition slavery by laying out the conditions under which slaves and people born into slavery would eventually be free. Basically, it limited the time a person could be held as a slave and granted other rights to ââ¬Å"Negroes and Mulattoes.â⬠In particular, the Act stated that the crimes of Negroes and Mulattoes would be judged and punished the same as crimes of the ââ¬Å"other inhabitants of this state,â⬠but did denote that a slave could not testify against a freeman. This limitation perpetuated the idea that slaves and black people were not on equal footing with white men. à à à à à In todayââ¬â¢s world, the remnants of a time when blacks were viewed as inferior to whites can still be seen, yet it is difficult to imagine that the statements made in documents which were designed to declare the rights of people in America are so boldly prejudiced.
David Broder â⬠ââ¬ÅA Republic Subvertedââ¬Â Essay
The thesis of A Republic Subverted was that the initiative process circumvents constitutional requirements and disrupts the careful poise of checks and balances. The initiative process was originally meant to stop rich people and interest groups from gaining power. Now it is one of their main tools. It has turned the Unites States Government into one without laws and threatens to subvert the American system of government. Broder says that even though the complex procedures invented by the founding father in order to ensure separation of powers have proven themselves over and over again, the American people have become more and more impatient. Some people argue that the constitution is outdated. Also, peoples anger at the government is spurred by journalists reports of scandals in the private lives and many government officials. Also, political campaigns have become competitions where even the winner comes out with a tarnished reputation. Since the Cold War, power has been shifted to the states. Less and less decisions about our lives and character are made in Washington. State governments have grown exponentially. Medicare and social security aside, state governments spend more than the federal government. Only 13% of public employees are in the service of the federal government. States have also become innovators of new legislation, including programs such as welfare to work. Now, people are using the initiative process to easily amend state constitutions in order to achieve a variety of goals. They have raised minimum wage, ended affirmative action, banned billboards, and decriminalized many drugs. State initiatives have allowed people to gain access to medical marijuana, casinos, restricted campaign funds, banned hunting and certain types of abortion, and allowed adopted children to take on the name of their biological parents. Out of 226 initiatives on ballots, 163 were approved. Many issues about new ballparks for major league teams were also put on ballots. Initiatives have become the new way to amend state constitutions without difficulty. In 1999 there was an initiative in California that tried to make all fur shops put warning labels on their items that said many animals were brutally killed in order to make this product. This initiative failed because the fur industry was able to spend more money than the backers of the initiative. These were not republican or federalist decisions. None of these initiatives went through the process of being signed into law by a Congress that ensuresà a true republican form of government. These were decisions made by mob rule. The reason the United States was made into a republic and not a democracy was because of the many dangers of a direct democracy. According to Fisher Ames said that a direct democracy would be very burdensome, subject to factions and violence; decisions would often be made by surprise, in the precipitancy of passion. . . . It would be a government not by laws but by men. We view our lawmakers as selfish and corrupt individuals. Instead of trying to rule the country by mob rule through initiatives, we should clean house in Congress. Broder says we should vote out the politicians that arent properly representing us. We should not try to write the laws ourselves. The constitution is clear about direct democracy and it is obvious that the founding father did not want regular citizens writing the laws. We should follow a republican form of government and use our representatives to get what we need done, done. I agree with Broder on most of his points. I think that these initiatives are a form of mob rule and should be prohibited. On the other hand, our political system is incredibly corrupt. It would be nearly impossible to elect a majority of model representatives. There just arent enough people with the ability to run that are, in fact, first-class delegates. It is good that the people have the option to pass initiatives, but the privilege is being abused. It is happening too often and is allowed the American public to be detached from Congress and not be as concerned as they should be about the caliber of its members. If people can pass legislation through initiatives, there interest in other politic will dwindle. Then, when there is a matter of national importance, the Congress will be ill equipped to deal with it. We must try to uphold our republican form of government and try to salvage what we can from our political leaders. The government has not because so bad that we have to tear down the system and start again. If the imitate process is allowed to continue as it is, the destruction of the American system of government will be imminent. Bibliography Woll, Peter. American Government: Readings and Cases. 16th ed. New York: Pearson Longman, 2006.
Thursday, October 10, 2019
Media Coverage and the Right to a Fair Trial
In her written statement last November 9 2005, Barbara E. Bergman, the President of the National Association of Criminal Defense Lawyers, aptly stated in behalf of the NACDL that the fundamental issue of every criminal trial is not to entertain, nor to educate, but to administer justice[1].The controversy regarding whether media coverage of criminal trials is detrimental to a fair trial or not is hotly debated and difficult to balance. Even high caliber lawyers have not reached a general consensus about the issue. The tension between the pros and cons of the said subject is still being balanced every time process of litigation is on going. Questions arising from this issue involved: How much of the media be allowed? Will it be helpful to let the media cover every trial of a particular case from start to finish?What about the parties involved? Does decision to permit the media or not be the sole right of the judge, or is it the right of all the parties involved, including the defendan t? These are but ââ¬Å"someâ⬠of the important components that embody the whole subject. The apprehension is that, too much publicity might affect the trialââ¬â¢s fairness. The unrestrained freedom given might be used or manipulated to influence fair and just decisions on the parts of the jury and the judge.This paper covers the different views pertaining to media coverage/publicity of a trial. What are the advantages and disadvantages when media coverage is allowed? What are the effects ââ¬â negative or positive ââ¬â of the media to a fair trial?The Pros of PublicityArguments for media coverage inside the courtroom are solid and convincing. As cited by Bergman in her written testimony, it promotes ââ¬Å"civic awarenessâ⬠raises ââ¬Å"government accountability,â⬠and enhances ââ¬Å"legal professionalismâ⬠[2]. Bergman was right when she pointed these three positive results of opening the court to the public via media reporting. A prying press, in th is case, has become and is indeed a friend and complimentary to the justice system. It exposes everything. When there is malpractice on the side of the police, the prosecutors, and the judges, the media is supportive and contributory in the exacting of fairness to the opposite side[3].It is also appeasing to the public, especially when a particular case is controversial ââ¬â involving celebrities or notorious personalities. The public whose curiosity have made them a part of the trial must be given the chance to participate, or else, mistrust to jurisprudence will take place among people in general, as a result. Media coverage is of great assistance in this area.It prevents closed door proceedings and subjects people of authority to the scrutiny of the public and thus avoid further corruptions which could otherwise happen when media is banned from the deliberations. Another plus of the coverage of criminal trials is that it promotes respect to the justice system. It alleviates t he mystery of secrecy in closed insulated proceedings. When there is no care on the part of those involved in executing justice inside hearings and open trial is rather encouraged, public trust heightens, and thus deference to whatever outcomes ââ¬â may it be comporting to the general sentiment of the public or not.Because there is also that ââ¬Å"damning stigmaâ⬠to the so-called pretrial publicity (an irony inherent to media coverage), open trial dispels this. The consequent result that oftentimes reverses the guilty verdict of the public restores the already smeared reputation of the criminal defendant. When charges are dismissed, and the premature guilty judgment is eventually proven wrong, the supposed criminal is vindicated before the watching community.Last point in favor of media involvement, is the benefit that the government, the people, and jurisprudence itself, obtain in this process. Insights to the already wisely crafted laws are contemplated and possible or potential modification of existing laws is considered. As Barbara E. Bergman has stated in her testimony, ââ¬Å"Court TV must be credited for its considerable contributions in all of these areasâ⬠[4].The Cons of Media CoverageThe arguments against media involvement in judicial processes are equally convincing. There are also disadvantages to unrestrained media meddling. One primary concern is its negative effects to the parties involved in a particular litigation. The conspicuous presence of cameras inside the courtroom will affect the behaviors of the ââ¬Å"main playersâ⬠of a specific case.It will thus weaken the procedure or the ââ¬Å"fair administration of justiceâ⬠[5]. Because lawyers, defendants, jurors, and judges, and witnesses are aware that they are being watched, in this kind of scenario, their tendency is to act unnaturally; in other words, they may act hypocritically, and this will be to the detriment of fair judicial process. In the O.J. Simpson case, there were instances when crucial witnesses withheld their testimonies because of fear that they are being watched by the public[6].If the jurors had been made aware beforehand that the case they were handling would be televised and publicized, the overall verdict would definitely be affected. Concern for the publicââ¬â¢s opinion of whatever the eventual decisions they will ever come up regarding the future of the defendant, will or may get into the deliberations process.ConclusionThe important thing in the whole scenario of judicial procedures everywhere is striking a balance between the pros and the cons of media involvement. First, of course is the fairness that begins in whose authority it is to say ââ¬Å"yesâ⬠or ââ¬Å"noâ⬠to the media. As the NACDL has forged and is now binding in the courts of America, all parties involved in the case ââ¬â Judge, Prosecutors, Defendants, etc. ââ¬â have to be asked. Everyone must be given the freedom to exercise his/he r right. Is it true that, because the eyes of the general public are watching a particular case, it thus precludes a fair trial?Does presence of cameras in the court demean and disrupt the proceedings? Are the participants in the hearing process ââ¬â judges, attorneys, jurors, and witnesses ââ¬â get affected negatively, and therefore adjust their behavior because they are conscious that they are being watched? No one knows for sure whether these are true or not. They may be in many cases, and again, maybe not. The important thing is to strike a balance in both sides and apply what is necessary to secure due process of law. Remember, the fundamental issue in every criminal trial is the administration of justice, not entertainment nor to educate.Works CitedBergman, Barbara. 2005. Cameras in the Courtroom. National Association of Defense Criminal Lawyers accessed on April 28, 2007 in. http://judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801.Goldfarb, Ronald. The Trial of t he Century Accessed on April 28, 2007I Reiner, ââ¬Å"Cameras Keep Justice System in Focus,â⬠The National Law Journal, October 23, 1995, p. A23. in Goldfarb, Ronald. The Trial of the Century Accessed on April 28, 2007Cameras in the Courtroom. 2005 National Association of Defense Criminal Lawyers inà http://judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801.Ibid. Goldfarb, Ronald. The Trial of the Century. Accessed in http://www.cosmos-club.org/web/journals/1998/goldfarb.html http://judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801. Ibid. I Reiner, ââ¬Å"Cameras Keep Justice System in Focus,â⬠The National Law Journal, October 23, 1995, p. A23. in Goldfarb, Ronald. The Trial of the Century Accessed on April 28, 2007 in http://www.cosmos-club.org/web/journals/1998/goldfarb.htmlhttp://www.cosmos-club.org/web/journals/1998/goldfarb.html. Ã
Wednesday, October 9, 2019
A report for Real Coffee LTD Essay Example | Topics and Well Written Essays - 2000 words - 1
A report for Real Coffee LTD - Essay Example Under such circumstances entrepreneurs face non-negligible challenges in controlling and executing the business functions in a smooth fashion, given the obstacles in the form of staff management, delegation of power and business opportunities identification as well as their subsequent achievements (Welter, 2010). Correspondingly, it has been viewed that Real Coffee Ltd., which is a small chain of coffee shops has been facing challenges to maintain a desired level of employee retention rate. The main objective of this paper is therefore, to provide a detailed analysis of the external and internal analysis of the business. Based on the analysis, the discussion further intends to provide rational suggestions that would help in understanding on how curtained changes in the business can help Real Coffee Ltd. to meet its organizational goal. Part 1: External Analysis Consumer Buying Behaviour UK is observed to be amongst the top ten countries that dealt in coffee around the globe as of 201 1. It is worth mentioning that coffee is also measured to be the third-favourite non-alcoholic drink in the country. Over the year, it has been viewed that in the UK, the chain of coffee shops had grown 5.6% and contributed almost 29.1% market share by 2005. However, it has been viewed that independent and local coffee shops only grew by 2% and faced considerable amount of challenges over the year. Economic disturbance in the UK is also assumed to have affected the customerââ¬â¢s behaviours of drinking coffee. For instance, it was viewed that the coffee market grew by 17% from 2005 to 2009, again out of which, 57% of the total consumers 47% of the customers preferred sitting in coffee shops and 8.3 preferred take away services (Business Case Studies LLP, 2013). Moreover, it has also been viewed that todayââ¬â¢s teenagers and young adults frequently visit cafes, which replicates it to be a growing trend. A thorough understanding of the consumer buying behaviour also revealed th at about 37% of the coffee consumers prefer black coffee in the UK, while the remaining 63% like to add sweetener with it. 57% of the total consumers further stated to prefer having it at breakfast (Liang & Wu, n.d.). Increasing Competitors Globalization and the rapid technological aspect is not only considered to be a boon for every individual and business house, which aims at establishing themselves at the global market, but is also stated to be a course for small business houses with limited resources. Coffee market in the UK is considered to be one of the largest industries. With the increasing adaption of coffee by the people worldwide, whereby many multinational organizations are being established in the nation creating greater competiveness for smaller coffee shops, it has been viewed that although, small shops provide better quality products at lesser price, people prefer going to branded stores like Costa and Starbuck as a symbolisation of economic status in the society (Ho spitality & Catering News, 2013). According to a survey conducted by Euromonitior international (2012), it was viewed th
Tuesday, October 8, 2019
Operations Management processes Assignment Example | Topics and Well Written Essays - 750 words - 2
Operations Management processes - Assignment Example The effective utilization of TQM can yield positive results which would not only improve the operations but would set higher operating standards. The proposed alternative approach for Pizza Store would be the implementation of Six Sigma Principle in relation to External Benchmarking. This strategy will initiate with DMAIC methodology where customer priorities and Defined which in Marioââ¬â¢s case would be length of the queue, the customers in peak hours, waiting time, order processing time, and the overall service. These are the parameters which are regarded significant by the customers and should be targeted. The second step is to Measure the current processes to pinpoint the defects in the system and highlight the bottlenecks. These concerned areas are critical to the quality of service and needs to be improved (Jacobs, Chase and Aquilano, 2005). Once the gray areas are identified, we need to proceed with Analyzing the reasons behind these defects. We need to find answers to the questions such as, Are we able to cater the customers during peak hours? Where the order processing consumes maximum time? Is the behavior of ou r waiters friendly? The next step is to Improve the concerned areas by identifying the acceptable standards for working to achieve them. Alignment with the highest operating standard to yield desirable result is a tedious process (Jacobs and Chase, 2010). It is needed to be carried out with diligence so that no lacking in standards is observed in any critical area. The existing processes needs to be modified, changed or even re-engineered to reach the desirable level. The last but not the least, Control the array of events otherwise the complete activity would be a useless ordeal. Proper monitoring of the key personnel as well the variables is required to ensure that all is under control. Failing to abide by any of these would simply result in a failure
Monday, October 7, 2019
Lies and Interpersonal Communication in Win, Win Movie Review
Lies and Interpersonal Communication in Win, Win - Movie Review Example Mikeââ¬â¢s practice is ââ¬Å"slowâ⬠and does not earn him enough income. He is having a tough time paying the bills, which is made obvious when he refuses to call someone to take care of the dead tree in front of their property that is threatening to fall on their house. The plumbing and the heating system in his office need repair badly. His back-up system is malfunctioning and he refuses to call an IT person because it would cost money. He wants to shield his wife, Jackie, and their daughters, Abby and Stella, from the problem. Whether by accident or by choice, Mike ends up concocting a series of lies that landed him with more responsibilities and troubles. This paper will assess whether the consequences of Mikeââ¬â¢s lies actually justify his decisions. It is said that lies are often treated ââ¬Å"as the most efficient solution to interpersonal communication problemsâ⬠(Camden, Motley, & Wilson, 1984, p.309). Deception is usually considered as the right thing to do in circumstances when one desires to avoid conflict, avoid distress, and protect oneââ¬â¢s self and/or livelihood, among other acceptable reasons (Levine, Kim, & Hamel, 2010, p.273). These three reasons can be seen in the film ââ¬Å"Win, Winâ⬠as Mike tries to protect his family from enduring the problems he is currently facing. First, Mike tries to avoid conflict by not telling Jackie that he became Leoââ¬â¢s guardian. This is to hide from her the fact that he took guardianship for the $1508.00 monthly commission. He also tries to avoid conflict by not informing anyone that he deceptively placed Leo in a nursing home despite the old manââ¬â¢s desire to stay in his own house. He even openly lied to Leo by telling him that it was the judgeââ¬â¢s decision to place Leo in a nursing home for some time. Second, Mike tries to avoid distress by not telling Jackie about his real financial status. He hides from her the fact that he cannot call someone to cut down the tre e because he is worried about paying for labor. He tries to tell Jackie that he will cut down the tree with the help of his friend, Terry, but Jackie does not agree with him because she does not know the reason for this. Third, Mike tries to protect himself and his livelihood by telling the judge that he can keep Leo in his home. He lies to the state and the court by saying that he can do a better job in ensuring that Leoââ¬â¢s will is implemented more properly if he will be the guardian instead of the state. These lies are high stake lies because they hold severe consequences (Camden, Motley, & Wilson, 1984, p.309) for Mike and the people he lied to. To compare, low stake lies are simple lies that usually do not affect the people involved (Camden, Motley, & Wilson, 1984, p.310). For example, lying about a favorite color is a low stake lie. On the other hand, high stake lies affect the people involved in a big way (Camden, Motley, & Wilson, 1984, p.309). This is the case for Mike ââ¬â¢s lies. Had he not lied to avoid conflict and distress, the normally calm household he has might be impacted negatively. Mike would also have been pressured to keep Leo in his home, which technically defeats the purpose for why he volunteered to be Leoââ¬â¢s guardian in the first place. Obviously, keeping Leo in his home would cost not only more money but also more time from Leo. Furthermore, had Mike not lied to protect himself and his livelihood, he would have gone through more inner turmoil in thinking about how to continue his practice. The effects of Mikeââ¬â¢s lies leak through his non-verbal communication. As a viewer, one could immediately sense through his actions that he is trying to control the situation that his lies created. A good example is in how Mikeââ¬â¢
Sunday, October 6, 2019
Informing of the Recent Development in the Battlefield at Hastings Essay
Informing of the Recent Development in the Battlefield at Hastings - Essay Example In the recruitment field, the soldiers came with horses carrying weapons such as battle-axe, long swords, and a short knife among other weapons. I went for training and started serving as a soldier to the king. The soldiers guarded the royal palace and the king was given the greatest honor in the land. King Edward could spend his time with Harold, his brother in law in the palace discussing matters of the leadership of England. Edward had no children so he had to choose heir of his throne. He chose Harold to take over his throne after his death. Harold could travel with his followers whenever he came to visit the king. Notably, Harold was religious and he could go to the church at Bosham with his men before sailing. Haroldââ¬â¢s journey to Normandy hit a snag when he was captured at Ponthieu by count Guy. Guy took Harold to William where they made a vow to work together to oust Duke Conan. Kings had a long sword, which symbolized their leadership. The king sat on a special seat, w hich had decorations that suit the needs of the king. The king had maiden who served royal dishes. Before the death of King Edward, Harold returned to see him. During that meeting, Edward promised Harold his throne. On 5th January 1066, King Edward died in the upper chamber of his palace. His faithful followers and noblemen offered an axe and crown to Harold as a symbol of leadership. The crowning ceremony of Harold took place on 6th January 1066. He sat on his new throne with Archbishop and other dignitaries besides him. Many people were not happy with Harold crowning because he did not belong to the royal family. My life as a soldier changed following the coronation of Harold. When the news spread across England that Harold was the new king of England, rumors about William invasion gripped the palace. We had to prepare our weapons because of the impending invasion.
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