Wednesday, October 30, 2019

'Self-determination is irrelevant in the 21st Century'. Discuss Essay

'Self-determination is irrelevant in the 21st Century'. Discuss - Essay Example It is accordingly, protected by various international human rights bodies that ensure all people get their rights. This concept has evolved during the 20th century following secessionist movements during and after World War I and II allowing for decolonization of countries from the 1960's onwards. The start of the famous European colonization of the Americas started around 1940's following the Spanish expedition headed by Christopher Columbus5. This followed a conquest that was featured by large-scale exploration, migration and eventually colonization in order to take full advantage of the resources in those foreign countries. Rebellions were the first characteristics of the determination to self-rule that was witnessed in the mid 1770's. Because of the explicit invocations of natural law, the natural right of man and the absence of consent from the people who were being governed, people began to revolt against colonial rule6. In the United Stated Declaration of Independence, the pro motion of the notion that the will of the people is supreme made significant contributions to the aspect of self-determination. These and some other notions are what led to the acceptance of the principle of self-determination. ... These treaties both held that people had a right to freely pursue their economic and political interests following self-determination. Previously, self-determination was considered a political principle with no legal effect. But following WW2, self-determination became a legal principle and a right in International Law. And because of its adoption by several treaties and charters it received worldwide recognition under International Law. The concept of self-determination is thus still relevant because of the number of cases in the International Court of Justice that have received ruling in favor of the concept of self-determination. Self-determination has thus achieved the status of erga omnes which requires the rest of the international community to respect it. Other jurists and scholars have also argued that the principle of self-determination has acquired the status of jus cogens making it the superior rule of international law. As such, the rest of the community has the mandate t o strictly obey it at all times and in all circumstances in their relations with each other. However, the UN Charter10 had no provisions for the enforcement of the right to self-determination outside the context of decolonization. It simply provided that countries be allowed to govern themselves but it did not provide other stipulations for how this was to take place. This allowed the legal doctrine of uti possidetis juris11 to thrive. This meant that old administrative boundaries became the international boundaries without taking into consideration the linguistic, ethical and cultural boundaries that had previously existed. Despite the fact that people of one culture were torn apart by international boundaries, nations succeeded in freeing themselves from colonial rule.

Monday, October 28, 2019

The Age of Napoleon Essay Example for Free

The Age of Napoleon Essay The Age of Napoleon Napoleon Bonaparte was a very influential character in the history of France. When Napoleon rose to power, many reforms were made regarding the social system, economics, education, and political aspects. For some, the reforms made under his rule were for the better of the people, but others viewed the reforms as negative changes. Nonetheless, Napoleon will always be thought of as a powerful figure in the French Revolution. A leader from the beginning, Napoleon was sent to France for military training at age nine. Before Napoleon completely conquered France, he had a number of early successes such as defeating the British in Toulon in 1793, and he won victory against the Austrians in Italy. In 1799, he came to France and set up a 3-man governing board called the Consulate, overthrowing a very weak system of government called the Directory. People accepted him as a leader because he was charismatic and a good speaker. France was also in a state where they desperately needed a system of order, they are in a midst of a revolution with no one taking charge. It makes sense that Napoleon, a man who seizes power, takes control of the revolution. Napoleon also had a reputation of being an excellent military chief, which lead to an even greater acceptance to him in France. In 1802, he declared himself the consul for life, and 2 years after that, he held enough power to become the emperor of the French. The French longed for change because the American Revolution had inspired them, and there was a large gap between the rich and the poor. Napoleon valued order while he was in power. Order, security, and efficiency replaced liberty, equality, and fraternity. He restored the struggling economy by building new roads and canals, so it could be easier to transport goods or obtain them from other societys. He also set up a public school system and made peace with the Catholic Church by signing the Concordat of 1801. The Concordat of 1801 was an agreement between the Roman Catholic Church in France and Napoleon, for the French had been in disagreement with the Catholic Church since the revolution. The Third Estate (made up of peasants and a vast majority of France) didn’t feel that it was fair that the clergy were getting treated better than them. It ended the churches political power and recognized religious freedom for Catholics. The taxes weren’t as high for the clergy as it was for the Third Estate. Napoleon even encouraged the Emigres to return to France. The Emigres were people who feared the revolution and fled France to seek foreign help to restore the old order. He also gave the land that had once belonged to the churches to the peasants, so they could have more land to farm with, which could boost the economy. Jobs were now â€Å"open to all talent†, meaning anyone could work in any job, no matter what Estate they belonged to. The Napoleonic Code was also established when Napoleon came to rule. It recognized equality for all citizens under the law, religious toleration, and trial by jury. The Napoleonic Code was a set of French laws made by a group of legal experts. The rules governed all French-controlled countries in Europe. The Napoleonic Code undid some of the reforms made in the revolution, for example a lot of the rights women had just gained, were now lost. The men now gained complete control over the household and children. Another reform Napoleon made was he abolished serfdom, or slavery. Over time, he came to bring negative changes such as how women had very few rights. He also eliminated freedom of press. When he became emperor, he could not be removed from office which was a problem because not everybody liked the way he was ruling, and they wanted to overthrow him. In Napoleons rule, he attempted to build a French Empire. With Napoleon being an egomaniac, he felt like all of his decisions would be for the better of the people and that he could do no wrong. He won victories over Austria, Prussia, the Netherlands, Belgium, and parts of Italy and Germany, but failed to defeat Britain or Russia. By 1810, his Grand Empire reached its greatest extent. Napoleon was able to win victories over so many countries because he used a different strategy for each battle, so no one could predict his next move. Some say that one Napoleon was the equivalent to 40,000 troops. His Grand Empire redrew the map of Europe, and controlled much of Europe through diplomacy. A diplomacy is the practice of conducting negotiations between representatives of groups or states. He replaced the King of Spain with his brother, Joseph. The spirit of nationalism, which is the devotion and loyalty to one’s nation, was spread throughout France. Soon, new alliances formed to resist Napoleon’s extreme power, and he was defeated in 1815. The Age of Napoleon brought many reforms in France. His reign included achievements and failures. One of his greatest successes was that he equalized the people of France, and their worth was based off of merit instead of social status. He established the Napoleonic code, which is still in use in France and other parts of the world today. Most importantly, e restored order in France by stabilizing the economy, building schools for better education, made roads, and built hospitals and orphanages. Some of the failures encountered when Napoleon was in rule was that he violated the freedom of the press when he censored the newspapers being published. He invaded Spain, which began a war with the Spaniards. He changed the European boundaries forever. He was the first modern dictator and brought out the spirit of nationalism in France. Overall, Napoleon changed the way of life for the French and surrounding countries forever.

Saturday, October 26, 2019

Celebrity Activists in Contemporary Society Essay -- Politics Celebrit

Celebrity Activists in Contemporary Society Works Cited Not Included According to the book Celebrity Politics, approximately 10 percent of Americans get national political news from nightly entertainment shows such as the Tonight Show. For Americans under 30, the number is nearly five times as many (Orman and West 100). Citizens are looking to be entertained rather than simply educated by the nightly news. As David Schultz aptly put it, â€Å" The new media cover politics, but only politics as it entertains, in part, because the audience the new media attract is a less politically interested audience than traditional news audiences† (20). The fact is that this American audience is less interested in hard news and more interested in entertainment, which has made celebrities effective activists and endorsers of aid organizations in this increasingly celebrity-obsessed society. Americans â€Å"expect, for example, that political campaigns for President will be replete with show biz† (Combs 124). It is no longer good enough for politicians to be defined by their stances on issues, and by the support of different political organizations. Politicians have to be able to provide the citizens with a show, something that will keep them curious and entertained; they need, in fact, celebrity power. Because of this, in order to raise awareness and support for their causes, advocacy organizations have also tapped into the celebrity craze. One area in which celebrities have become extremely involved is that of political campaigns. Politicians want celebrity endorsements in order to become more visible and more popular with different age groups. One survey shows that forty percent of 18 to 24 year olds were influenced by celebrities’... ... Despite the popularity of celebrity politics, the political process is not exclusively relegated to celebrities, and no one is forced to agree with an endorser’s opinion. Perhaps this, then, is the real issue. Clearly, from the standpoint of the advocacy organizations themselves, celebrities are beneficial as activists in today’s culture. They are the perfect spokespeople to maneuver through such an entertainment-driven society and political arena. They raise money and awareness that many aid organizations would not otherwise receive. This research has shown that celebrities have an effect on voter turnout, and also on the way citizens vote. The problem is no longer determining whether celebrities are effective activists. Research now must be done to determine the repercussions of such a celebrity-driven culture on politics, humanitarian aid, and the world. Celebrity Activists in Contemporary Society Essay -- Politics Celebrit Celebrity Activists in Contemporary Society Works Cited Not Included According to the book Celebrity Politics, approximately 10 percent of Americans get national political news from nightly entertainment shows such as the Tonight Show. For Americans under 30, the number is nearly five times as many (Orman and West 100). Citizens are looking to be entertained rather than simply educated by the nightly news. As David Schultz aptly put it, â€Å" The new media cover politics, but only politics as it entertains, in part, because the audience the new media attract is a less politically interested audience than traditional news audiences† (20). The fact is that this American audience is less interested in hard news and more interested in entertainment, which has made celebrities effective activists and endorsers of aid organizations in this increasingly celebrity-obsessed society. Americans â€Å"expect, for example, that political campaigns for President will be replete with show biz† (Combs 124). It is no longer good enough for politicians to be defined by their stances on issues, and by the support of different political organizations. Politicians have to be able to provide the citizens with a show, something that will keep them curious and entertained; they need, in fact, celebrity power. Because of this, in order to raise awareness and support for their causes, advocacy organizations have also tapped into the celebrity craze. One area in which celebrities have become extremely involved is that of political campaigns. Politicians want celebrity endorsements in order to become more visible and more popular with different age groups. One survey shows that forty percent of 18 to 24 year olds were influenced by celebrities’... ... Despite the popularity of celebrity politics, the political process is not exclusively relegated to celebrities, and no one is forced to agree with an endorser’s opinion. Perhaps this, then, is the real issue. Clearly, from the standpoint of the advocacy organizations themselves, celebrities are beneficial as activists in today’s culture. They are the perfect spokespeople to maneuver through such an entertainment-driven society and political arena. They raise money and awareness that many aid organizations would not otherwise receive. This research has shown that celebrities have an effect on voter turnout, and also on the way citizens vote. The problem is no longer determining whether celebrities are effective activists. Research now must be done to determine the repercussions of such a celebrity-driven culture on politics, humanitarian aid, and the world.

Thursday, October 24, 2019

Bmw Films

Decision Problem The primary issue faced by Jim McDowell is what to do for his next marketing campaign. He will need to decide what direction BMW will take in order to stay current in the target market and position the brand as the leader in the luxury car industry. A sub issue that Jim is facing is that in order for BMW to stand out compare to the competition, it must be at the forefront of the marketing trend. There is always pressure on innovative marketing campaigns as a bad campaign can lead to severe damage in the company image and reputation. Decision Alternatives There are a number of alternatives that Jim faces when deciding in what direction to move with the BMW marketing campaign. Develop more short films and build a big series out of it. Develop a full length movie for the theatres Do nothing to the existing campaign and move on to develop a new campaign To continue to use the existing BMW films plus developing a new campaign Creating new films on the heels of the original films plus developing a new campaign Develop a full length movie plus developing a new campaign In order to decide the best alternative it is important to look at some key decision criteria. In this case the important factors would be: delivery time, risk, cost, competitive advantage, ease of implementation. Analysis of Industry In the luxury car segment, BMW and Mercedes have stand strong against the strong competition from Japan like Acura, Lexus, Infiniti. In year 2001, BMW is second best luxury car seller, just behind Lexus amount the other ten major luxury brands. However, BMW only ranked 8th in media expenditures, which again proved the great success on their innovative campaign. In terms of customer loyalty, luxury brand customers do tend to stay among the top brands and are very loyal. There are always customers who switch from BMW to Mercedes or the other way around. Since BMW has the competitive advantage of a younger clientele, it is very important for BMW to create marketing campaign to young adult so they can look forward to own a BMW when they can afford one. Analysis of Company Evaluation of Alternatives Alternative #1, 2, and 3 should only be considered as a short term alternative that can achieve quick beneficial results with no long term prospects because all the alternatives evolve around the same film concept, which eventually will wear out and target audience will not be interested in it anymore. Alternative #4 takes into account with BMW’s long term goal, to be the leader in the industry with innovative campaigns. However, developing a new concept takes time and research before implementation, therefore some immediate alternatives needs to be done before the new campaign kicks in. Alternative #5, 6, or 7 will achieve that goal. Alternative #5 Introduce the BMW films to new markets that may have missed the online films during the campaign period will enable BMW to entice an entirely new segment. By showing the films throughother mediums, BMW will be able to reach a wider audience plus raising the brand awareness. Since this campaign is so successful and unique, BMW can also produce DVD and make itas a collectible item. This alternative is easy to implement, low cost to run, low risk as the campaign is already running with huge success with good reputation. However, other companies may copy the idea and there is a chance that BMW will lose its competitive advantage as the films are getting overly exposed to the original audiences that BMW targeted during the initial campaign period. Therefore, developing another campaign while this is running is necessary in order to achieve BMW’s long term marketing goal. Alternative #6 The other option would be to follow up with another series of films on the heels of the original films. BMW would want to keep the number of films low to try and blend them into the successful original films and not to market them as another series of short films. This alternative will require some time to prepare, and the cost will be much higher in comparison to Alternative #5, which will make it harder as BMW will need more resources in creating a new campaign at the same time. It is easy to implement as all the ground works are in place from the previous films. However, this alternative will have a higher risk than other options due to the high anticipation of BMW to produce high quality films. If any of the film receives negative feedbacks, BMW will risk losing out on the campaign inwhole, plus the reputation of the series. BMW will still keep its competitive advantage with this alternative as they are still the one who leads the marketing trend. Alternative #7 Creating a full length movie can be the next big campaignfor BMW. It is a new approach and will make the brand stand out of all others. The target audience is also much wider in comparison to the initial campaign. It will take a long time to implement, and not as easy as short films because a full length film is more complicated in terms of plot and production. The cost will also go veryhigh that may use up all of BMW’s resources in marketing. It is a two sided sword because if BMW is not placed enough in the film there is no difference in doing product placement in the James Bond movie series; meanwhile if BMW is overly exposed in the film it may create negative feedbacks as it will look like an hour long commercial. The interest level of audience will also be much lower in watching a long commercial than a short film. Decision Criteria Chart Here is the chart for the best 3 alternatives: (X? low score, XXX? high score) Recommendation Based on the analysis above it is evident that the appropriate course of action is to utilize the existing movies in the short term while developing a new full scale marketing plan in the background. By utilizing the existing films BMW will be able to quickly get to market films that they have already completed. They will ride the coat tails of the internet marketing, however by introducing the films to another target markets, BMW will hopefully build on the impact created by the original films. There is relatively low risk to this model because BMW has already invested in the films and by using different mediums to convey their message it is likely that an entirely new market segment will appreciate the films as the original audience did. Although the potential payback may not as great as some off the wall innovative idea, the concept behind releasing the films to a different audience should allow more time and resources to develop another new campaign. If there are enough resources, BMW can also consider creating 1 or 2 more films to avoid losing the competitive advantage toward the target audience. Bmw Films Decision Problem The primary issue faced by Jim McDowell is what to do for his next marketing campaign. He will need to decide what direction BMW will take in order to stay current in the target market and position the brand as the leader in the luxury car industry. A sub issue that Jim is facing is that in order for BMW to stand out compare to the competition, it must be at the forefront of the marketing trend. There is always pressure on innovative marketing campaigns as a bad campaign can lead to severe damage in the company image and reputation. Decision Alternatives There are a number of alternatives that Jim faces when deciding in what direction to move with the BMW marketing campaign. Develop more short films and build a big series out of it. Develop a full length movie for the theatres Do nothing to the existing campaign and move on to develop a new campaign To continue to use the existing BMW films plus developing a new campaign Creating new films on the heels of the original films plus developing a new campaign Develop a full length movie plus developing a new campaign In order to decide the best alternative it is important to look at some key decision criteria. In this case the important factors would be: delivery time, risk, cost, competitive advantage, ease of implementation. Analysis of Industry In the luxury car segment, BMW and Mercedes have stand strong against the strong competition from Japan like Acura, Lexus, Infiniti. In year 2001, BMW is second best luxury car seller, just behind Lexus amount the other ten major luxury brands. However, BMW only ranked 8th in media expenditures, which again proved the great success on their innovative campaign. In terms of customer loyalty, luxury brand customers do tend to stay among the top brands and are very loyal. There are always customers who switch from BMW to Mercedes or the other way around. Since BMW has the competitive advantage of a younger clientele, it is very important for BMW to create marketing campaign to young adult so they can look forward to own a BMW when they can afford one. Analysis of Company Evaluation of Alternatives Alternative #1, 2, and 3 should only be considered as a short term alternative that can achieve quick beneficial results with no long term prospects because all the alternatives evolve around the same film concept, which eventually will wear out and target audience will not be interested in it anymore. Alternative #4 takes into account with BMW’s long term goal, to be the leader in the industry with innovative campaigns. However, developing a new concept takes time and research before implementation, therefore some immediate alternatives needs to be done before the new campaign kicks in. Alternative #5, 6, or 7 will achieve that goal. Alternative #5 Introduce the BMW films to new markets that may have missed the online films during the campaign period will enable BMW to entice an entirely new segment. By showing the films throughother mediums, BMW will be able to reach a wider audience plus raising the brand awareness. Since this campaign is so successful and unique, BMW can also produce DVD and make itas a collectible item. This alternative is easy to implement, low cost to run, low risk as the campaign is already running with huge success with good reputation. However, other companies may copy the idea and there is a chance that BMW will lose its competitive advantage as the films are getting overly exposed to the original audiences that BMW targeted during the initial campaign period. Therefore, developing another campaign while this is running is necessary in order to achieve BMW’s long term marketing goal. Alternative #6 The other option would be to follow up with another series of films on the heels of the original films. BMW would want to keep the number of films low to try and blend them into the successful original films and not to market them as another series of short films. This alternative will require some time to prepare, and the cost will be much higher in comparison to Alternative #5, which will make it harder as BMW will need more resources in creating a new campaign at the same time. It is easy to implement as all the ground works are in place from the previous films. However, this alternative will have a higher risk than other options due to the high anticipation of BMW to produce high quality films. If any of the film receives negative feedbacks, BMW will risk losing out on the campaign inwhole, plus the reputation of the series. BMW will still keep its competitive advantage with this alternative as they are still the one who leads the marketing trend. Alternative #7 Creating a full length movie can be the next big campaignfor BMW. It is a new approach and will make the brand stand out of all others. The target audience is also much wider in comparison to the initial campaign. It will take a long time to implement, and not as easy as short films because a full length film is more complicated in terms of plot and production. The cost will also go veryhigh that may use up all of BMW’s resources in marketing. It is a two sided sword because if BMW is not placed enough in the film there is no difference in doing product placement in the James Bond movie series; meanwhile if BMW is overly exposed in the film it may create negative feedbacks as it will look like an hour long commercial. The interest level of audience will also be much lower in watching a long commercial than a short film. Decision Criteria Chart Here is the chart for the best 3 alternatives: (X? low score, XXX? high score) Recommendation Based on the analysis above it is evident that the appropriate course of action is to utilize the existing movies in the short term while developing a new full scale marketing plan in the background. By utilizing the existing films BMW will be able to quickly get to market films that they have already completed. They will ride the coat tails of the internet marketing, however by introducing the films to another target markets, BMW will hopefully build on the impact created by the original films. There is relatively low risk to this model because BMW has already invested in the films and by using different mediums to convey their message it is likely that an entirely new market segment will appreciate the films as the original audience did. Although the potential payback may not as great as some off the wall innovative idea, the concept behind releasing the films to a different audience should allow more time and resources to develop another new campaign. If there are enough resources, BMW can also consider creating 1 or 2 more films to avoid losing the competitive advantage toward the target audience.

Wednesday, October 23, 2019

Outline Paper Title: the Common Law Tradition and Sources of Law Essay

I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term â€Å"common law† also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king’s courts represented the common custom of the people. II. WHAT IS COMMON LAW? A. Common Law is the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. III. WHAT ARE THE SOURCES OF AMERICAN LAW? A. The United States Constitution and the constitutions of the various states B. Statutory Law – including laws passed by Congress, state legislatures, and local governing bodies. C. Regulations created by administrative agencies (such as the United States Food and Drug Administration). D. Case law and common law doctrines. E. Secondary sources of law are books and articles that summarize and clarify the primary sources of law (i.e., legal encyclopedias, treatises, and articles in law reviews). Several SourcesConstitutional, statutory, and case law—these are your tools. The United StatesConstitution is the overriding document. It is the Supreme Law of the Land. Eachstate has its own constitution. State and federal statutes are interpreted by judgesthrough case law. These sources play in each practice area. For example,constitutional law governs searches and seizures in a criminal matter. Statutesprovide the framework for real estate transactions, and case law interprets andapplies both constitutional and statutory law. There is much to learn.| IV.CONSITUTIONAL LAW A. The Federal Constitution i. The United States Constitution, as amended, is the supreme law of the land. ii. A law in violation of the United States Constitution will be declared unconstitutional and will not be enforced. iii. The United States Constitution sets forth the powers of the three branches of the federal government and the relationship between the three branches. iv. Constitutional Rights 1. The first ten amendments to the United States Constitution are commonly known as the Bill of Rights. v. The Courts and Constitutional Law 1. The broad principles enunciated in the Constitution are given form and substance by the courts. 2. Courts Balance the Right to Free Speech a. Even though the First Amendment guarantees the right to free speech, the Supreme Court has made it clear that certain types of speech will not be  protected. 3. Free Speech and the Internet a. The Internet has raised new problems for the courts in determining how to define and apply the protections of free speech. B. State Constitutions i. Each state also has a constitution that sets forth the general organization, powers, and limits of the state government. ii. A state constitution is supreme within the state’s respective borders, so long as it does not conflict with the United States Constitution. C. Constitutional Law and the Paralegal i. Paralegals often assist attorneys in handling cases that involve constitutional rights or provisions. ii. Knowledge of constitutional law is beneficial because the authority and underlying rationale for the substantive and procedural laws governing many areas of law are found in the Constitution. V. STATUTORY LAW A. Statutes are the laws enacted by legislative bodies at any level of government. B. Federal Statutes. i. Federal statutes are enacted by the United States Congress and apply to every state. ii. Any federal statute that violates the United States Constitution will be held unconstitutional. C. State and Local Statutes and Ordinances i. State statutes are laws enacted by state legislatures. ii. Any state law that is found to conflict with the United State Constitution, or with that state’s constitution, will be deemed unconstitutional. D. Uniform Laws i. Uniform (â€Å"model†) statutes are drafted for adoption by the states. ii. A state can adopt or reject all or part of a uniform law, as the state legislature wishes. iii. An example of a uniform law is the Uniform Commercial Code (UCC). E. The Expanding Scope of Statutory Law i. Legislative bodies and administrative agencies assume an ever-increasing share of lawmaking. F. Statutory Law and the Paralegal i. A paralegal may often assist in cases involving violations of statutory law. ii. A paralegal working on cases governed by statutory law needs to know how to both locate and interpret the relevant state or federal statutes. VI. ADMINISTRATIVE LAW A. Agency Creation and Function i. Administrative agencies are created by legislatures to administer and enforce legislation and to issue rules to implement the goals of specific legislation. ii. Examples of federal administrative agencies are: 1. Environmental Protection Agency 2. Occupational Safety and Health Administration 3. Food and Drug Administration. A. Administrative Law and the Paralegal i. Paralegals frequently deal with administrative agencies. 1. Paralegals may also work for administrative agencies, drafting new rules, mediating disputes, and numerous other tasks. Consulting CasesCase law represents judicial opinions. Judicial opinions represent opinions written by judgeson a particular case. Understanding case law can be difficult. It requires analytical skills. Suchskills are acquired over time and after reading many cases. But do not despair. When you findthat perfect case, it will be worth it.| VII. CASE LAW AND THE COMMON LAW TRADITION A. The Origins and Nature of the Common Law i. Common law originated in medieval England with the creation of the king’s court. ii. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. iii. Judges attempted to be consistent. When possible, they based their decisions on the principles suggested by earlier cases. iv. The practice of deciding new cases with reference to former decisions, or precedents, is a cornerstone of the American judicial system. v. Stare decisis means â€Å"to stand on decided cases.† vi. Under this doctrine, judges are expected to abide by the law as established by previous court decisions. vii. Sometimes a court will depart from precedent if it decides the precedent should no longer be followed. VIII. WHAT IS THE IMPORTANCE OF PRECEDENT TO THE JUDICIAL DECISION-MAKING PROCESS? A. The judicial process is informative, thought-provoking and often insightful, albeit verbose. It is also timely given the intense political nature of current federal judicial confirmation proceedings. Under the doctrine of stare decisis, once a court has set forth a principle of law as being applicable to a certain set of facts, that court and courts of lower rank must adhere to that principle and apply it in future cases involving similar fact patterns. Stare decisis have two aspects: first, decisions made by a higher court are binding on lower courts; and second, a court should not overturn its own precedents unless there is a strong reason to do so. IX. WHAT ARE EQUITABLE AND LEGAL REMEDIES? A. Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

Tuesday, October 22, 2019

Ranking of Tunisian Scientists according to their efficient productivity

Ranking of Tunisian Scientists according to their efficient productivity Ranking of Tunisian Scientists according to their efficient productivityHoucemeddine Turkia, Manel Turkiba B.Sc. Student, Faculty of Medicine of Sfax, University of Sfax, Sfax, Tunisiab Ph.D., D.Pharm and AsP. Faculty of Pharmacy, University of Monastir, Monastir, TunisiaIntroduction:Ranking Scientists had been a huge purpose in order to guess who is the best in a country.1 However, in several important fields like Economic Sciences and even in general context, the Ranking of Potential Scientist is limited to developed countries like France, Germany, United States and Netherlands2. For example, the Rankings of Van Ours is made in particular for Dutch Economists3 4. So, there are no national rankings for scientists in developing countries and even in some developed countries3 and that affected a lot the ranking of developing countries in international classifications5. In fact, the ranking of Tunisia in IDEAS ranking had been 101st in 2012 and had worsened to be 118th in 20145 6 and t he ranking of Tunisia in SCImago Ranking had been 86th in 20145 according to its number of citations5.Ranking de paà ­ses en el portal SCImago Journal & ...In contrast, the number of publications of Tunisia in Scimago Ranking is quite the same as the one of some developed European countries like Cyprus and Austria5. So, a ranking for Potential Scientists in Tunisia is required in order to better the standings of Tunisia. Therefore, how such rankings would be done? And who is the best scientist in Tunisia? What is the state of Scientific Research in Tunisia? And which procedures should be taken in order to solve the matter of making Rankings for Scientific Researchers and Scholars in Tunisia?Methodology:The lifelong potential of a scientist could be measured only by the precise study of the Efficient Productivity of the same working scientist and according to Harzing 2013 Paper and Hirsch 2005...

Monday, October 21, 2019

Euginics Essay Example

Euginics Essay Example Euginics Essay Euginics Essay Eugenics Research The word eugenics was coined in 1883 by British mathematician Francis Gallon, who defined it as the science of improving the stock. The eugenics movement, he said, would be dedicated to allowing the more suitable races or strains of blood a better chance of prevailing speedily over the less suitable. The movement had its heyday from the asses to the asses, when eugenicists argued that southern Europeans, Jews, people of color, homosexuals, and people with disabilities were inferior to white, heterosexual, able-bodied Protestants of northern European scent. Eugenics made somewhat of a comeback in the asses with the advent of genetic in-outer testing, which some see as a new phase in the effort to purify society. Great Britains Francis Gallon was a 19th-century scientist and anthropologist whose achievements spanned an incredible variety of fields and disciplines. He is best known as the inventor of the science of eugenics, an endeavor to use the insight gained through Charles Darnings theory of evolution to improve the human species through the control of hereditary factors in mating. Gallon was born in Birmingham, England on February 16, 1822 into a family with Quaker roots. His father, Samuel Terries Gallon, was a wealthy man, and his mother, Violet Darwin Gallon, was the daughter of Erasmus Darwin, the famous 18th-century English naturalist and grandfather of Charles Darwin (hence, Francis Gallon and Charles Darwin were cousins). Gallon was a quick student, and he could read English, Latin, and Greek even before he reached school age. At the age of 14, Gallon entered King Edwards School in Birmingham. He soon chafed under the regime of classical studies, craving instruction in math and science. His arent intended him for a career in medicine, so in his teens, he embarked on a tour of medical institutions in Europe. After his return, he worked in the Birmingham General Hospital, entering Kings College in London to study medicine in 1839. However, his commitment to formal medical training did not run as deep as his interest in travel. While he was in Geneses, Germany to attend chemistry lectures, he was seized by a passion to see faraway places. Leaving the lectures, he traveled through Vienna, Constantinople, and Greece. Gallon returned in 1840 and left his medical studies at Kings College in favor of thematic, the study of which he pursued at Trinity College, Cambridge University. Overwork soon wore him down, and he suffered a collapse in his third year, causing him to miss an opportunity to take honors in his new field. Gallon left Cambridge without receiving a degree and returned to medical school in London. However, shortly after he had resigned himself to making his living in medicine, his father died. Thus, in 1844, at age 21, Gallon inherited a fortune that freed him of the need to continue his studies, and he abandoned all thought of becoming a physician. He could now indulge in his abiding passions: travel and unrestricted scientific inquiry. 1850, he began a two-year exploration of remote areas in southwest Africa. His successes here caused the Royal Geographical Society to award him its Gold Medal and elect him a fellow in 1853. Three years later, he was made a fellow in the prestigious Royal Society. He published two volumes of travel writing, Tropical South Africa (1853) and The Art of Travel (1855), which further increased his fame. The asses were very busy and eventful for Gallon, as he also married Louisa Butler in 1853. The marriage remained childless. Over the next several decades, Gallon continued to display his diverse interests and talents, continuing his work for the Royal Geographical Society while publishing papers on a wide variety of scientific subjects. He performed pioneering research in the field of meteorology (on anticyclones) and laid the foundation of modern fingerprint classification. He also worked on several inventions and continued his studies in mathematics, introducing innovations in the study of statistics. The publication of Darnings monumental Origin of Species in 1859 stimulated his greatest interest, however. In 1869, Gallon published Hereditary Genius: An Inquiry into Its Laws and Consequences, and his overriding interest for the rest of his life would be in heredity, genetics, and eugenics. Hereditary Genius introduced Gallons contention that extraordinary ability was passed down from one generation to the next within certain families. He had noticed, he said, that the great and talented individuals in society tended to come from families that had produced other outstanding individuals. This trend had led him to believe that children inherited not only their physical characteristics from their arent, but also their mental abilities. From these ideas and his reading of Darwin, Gallon theorized that humans could control heredity for their own purposes and promote the creation of a society peopled by superior genetic stock. He termed his new science, devoted to promoting ways to achieve this goal of genetic engineering, eugenics?a word deriving from the Greek work Eugene, meaning well-born. From the beginning, other scientists disputed Gallons claims, arguing that culture, environment, and education were more decisive in shaping human character than genetics. This debate is often preferred to as nature (genetics) versus nurture (environment) and is still hotly disputed today. To prove his theories and promote eugenics, Gallon devoted much of his time to scientific data-gathering, employing primarily anthropometry (the measurement of various parts of peoples anatomy, especially the face and skull) and statistics. He published the results in The English Men of Science: Their Nature and Nurture (1874), Inquiries into the Human Faculty and its Development (1883), Record of Family Faculties (1884), and Natural Inheritance (1889). He also launched a scientific Journal voted to eugenics and the quantification of human qualities, Biometrics, in 1891 , and in 1893, he set up the Eugenics Laboratory at the University of London. In both of become the main advocate of eugenics in Britain after Gallons death. What Pearson and Gallon desired was a more scientific approach to reproduction in human society, with an eye to producing the fittest offspring, thereby improving the level of intelligence, morality, and health in society at large. This improvement could be accomplished, they argued, either through positive eugenics?encouraging the Redding of superior individuals?or through negative eugenics?discouraging or preventing the reproduction of such undesirable members of society as the sick, criminals, the insane, and even the poor. Such negative meaner did not preclude the use of force, in the form of compulsory sterilization. Gallons ideas on heredity spread all over the world and were influential in eugenics movements and programs in Europe as well as such places as Japan, Brazil, and the United States. Though his ideas were controversial during his lifetime and have remained so after his death, it is clear that he never envisioned the kind of arduous racial selection practiced in Nazi Germany before and during World War II, even though Nazi scientists relied on many of his theories. During the last years of his life, Gallon continued to research, write, and lecture at an astounding rate, and he received many honors from scientific societies and universities all over the world. In 1909, he was knighted by the British Crown. Despite his prolific output, Gallon suffered ill-health over the last years of his life, no doubt caused and exacerbated by his unrelenting work schedule. On January 17, 1911, he died at Hastener, in the county of Surrey, in England. In his will, he endowed a chair in eugenics at the University of London, of which Pearson was the first occupant. Genetic engineering is the artificial manipulation, modification, and recombination of DNA or other nucleic acid molecules in order to modify an organism or population of organisms. A great deal of controversy surrounds both the concept and practice of genetic engineering: the idea that humans should try to shape and control the world and their own bodies is a concern to many and runs counter to the worlds major religions. Critics also point out that genetic control would necessarily rest in the ands of a few people; thus, genetic engineering could be used for political and economic ends. People with inferior genes, for example, could be discriminated against in employment, health care, and insurance. In addition, the specter of the Nazis experimentation with eugenics during World War II haunts many critics and raises issues of ethnocentrism, racism, and indigenous rights. German National Socialist racial policy was based in large part on the anti-Semitic views of Doll Hitler, coupled with the geopolitical and living state theories of Karl Hauser, and evened with theories taken from the Social Darwinist school of Herbert Spencer and Ernst Mary and the eugenics and scientific racism expounded by Francis Gallon. This mixture provided the ideological foundation of Nazism. Anti-Semitism loomed large in Hitters thinking, and he found support for his hatred in the works of learned men such as Gallon. Gallon had written too friend in 1884: It strikes me that the Jews are specialized for a parasitical existence upon the nation. Hitler concurred, Deer Swage Jude (The Eternal Jew), as parasites. The Nazis found support for their ideas of the existence of Internments (subhuman) n the academic world of Germany. The Institutes for Racial Hygiene staffed by professors and doctors such as Erwin Barr, Eugene Fischer, and Frizz Lend, built a pseudoscience framework around Hitters racist views. These scientists put together comparative charts with different types of eyes, noses, and mouths that purported to allow the researcher to identify a persons race through physical morphology. It was said to be particularly easy to spot Jews Just on appearance, a farcical proposition belied by the fact that Jews were compelled to wear an identifying mark (Star of David) on their garments. These sorts of contradictions were the hallmark of Nazi racial theory. Alfred Rosenberg also contributed heavily to Nazi race theory with his books on Baltic Germans and the supposed role of Jews in history. Nazi racial theories also held that Gypsies (Room) were subhuman, and they too were slated for extinction. Nazi racial policies were codified in 1935 with the passage of the Murderer Laws. One of them, the Law for the Protection of German Blood and Honor, took many of its sections directly from U. S. Eugenics laws on the books in the state of Virginia. The Murderer Laws made the discrimination against Jews and Gypsies legal, and made them stateless persons. The Nazis also targeted other racial groups as being inferior, and therefore marked for destruction. Of particular concern were the Slavs, second only in Hitters hatred to the Jews. The Poles were particularly reviled by the Nazis, and were eventually all to be eliminated. The Russians were seen as an admixture of two inferior races: the Asiatic/Mongol and the Slav. Russians were to be selectively bred in limited numbers to serve as slaves, the rest were marked for death. The flip side of this discriminatory racism, was the identification of true Aryans believed by the Nazis to be the seed of the Germanic races). A number of expeditions were sent to far-flung corners of the world in search of the origin of the German superman. Different types of Aryans were identified: Nordic German, Baltic German, and so on. Every German couple who wished to marry had to produce documents showing freedom from hereditary diseases, and ancestry charts that went back at least four generations showing no Jewish blood. Ironically, it is believed that leading Nazis including Hitler and Reinhardt Hydride could not legitimately meet these requirements. The Nazi New Order was a far-reaching and complex scheme to weep away Rupees existing governments and impose a new form of society. The goals of the New Order were to completely remold society economically, socially, racially, and militarily, in order to create ideal conditions for National Socialism. It was nothing short of a Nazi vision of utopia in which Nationalist Socialist Germany reigned supreme. It was to be a society where Nordic/Germanic supermen lived in violists harmony with their fellow Germans. The Nazis saw this as a world free of merely to serve the Master Race. Nazi social ideology espoused a community where everyone was an active participant n the building of the society. Ideological orthodoxy was the main requirement, as well as enthusiastic support for the regime. Dissent was to be reported, and dissenters isolated from the rest of society. Lesser races, which mainly meant the Slavs, were to be enslaved to serve the Master Race. They were to receive only such education as was necessary and reduced in numbers through sterilization and birth control. The Nazis envisioned a return to the Middle Ages, with rural Germanic lords farming large estates in the former Soviet Union, worked by Slavic serfs. Each Nazi lord would be a soldier/farmer, who would defend the frontier against barbarian incursions. Jews, Gypsies, Jehovah Witnesses, homosexuals, and political dissidents would have no place in such a society and were to be exterminated, as would be the weak, mentally challenged, and those deemed unfit. The ideological underpinnings of this vision are to be found in Doll Hitters book, Mien Kampala, and were a loose synthesis of German nationalism, Social Darwinism, eugenics, and scientific racism. Economically, this New Order called for big business to remain free to pursue profit, s long as the industrialists worked at state bidding. Employment would be guaranteed through movements such as the Reestablishments (German Labor Service?RADAR), which provided Jobs for all. The RADAR also acted in lieu of labor unions, which were prohibited, and assured affordable housing for workers, cheap transportation, and even state-paid holidays through the Kraft Durra Freud (Strength Through Joy organization). Those countries that became part of the Greater German Reich and allied states such as France, Spain, Italy, Netherlands, and Britain would have their economies subsumed into that of German, and would be expected o implement Nazi labor and industrial policies. Those countries slated for subjugation, such as Poland and the Soviet Union, were to be stripped of any industry and would become vast agricultural belts, run by the new Teutonic Knights, the AS, and worked by their serf laborers. Racially, certain groups were slated for extinction. Jews were first on the list along with Room (Gypsies). Those born with physical disabilities or the mentally challenged would also be killed. Nazi texts refer to such people as life unworthy of life. Socially and politically heterodox persons would also be removed from society, much like a eases. The Slavs were to be ground down, as workers in the German agricultural belt in the east. Militarily, the old German Army would gradually be phased out in favor of the new political soldiers of the AS, who were to form a new politically aware and ideologically pure Teutonic knighthood. A large portion of the industrial sector would continue to produce and develop new weaponry to enable the Nazi state to dominate the world. The Preliminary Report of the Governors Task Force to Determine the Method of report presents recommendations on how to compensate victims of forced theorization under state law and evaluates previous recommendations. Between 1929 and 1974, more than 7,500 men and women, including some as young as 10, were sterilized under the auspices of North Carolina Eugenics Board and its predecessors. In March 2011, Gob. Bee Purdue of North Carolina issued an executive order creating a task force to examine the problem of compensating surviving victims. The letter of transmittal from the report appears below; the full text (93 pages) can be found in the inset PDF. Dear Governor Purdue: Thank you for giving us the opportunity to study North Carolinas former eugenics aerogram and recommend to you what we believe is a fair and meaningful compensation package for those who were sterilized by the state. All of us heard the painful testimony in June from victims of the states program and we know you are familiar with the details of this shameful period in our history. Between 1929 and 1974, about 7,600 men, women and children were determined to be unfit to reproduce by the N. C. Eugenics Board and sterilized, in most cases without their consent. State officials estimate that 2,944 men and women who were sterilized by the Eugenics Board are still living, though we understand that this figure s probably an overestimate. Its clear to us that they deserve compensation and that no value or amount can provide complete closure. In seeking to provide sincere recommendations to the state and victims of this past scar on North Carolinas history, we each acknowledge that the state of North Carolina must move beyond Just an apology. We also understand that many differences of opinion exist regarding the best ways to provide Justice to North Carolinas Eugenics Board program victims. We are grateful that we have six more months to consider these issues in more detail. We offer these as our preliminary recommendations: Lump Sum Financial Damages for Living Victims of the N. C. Eugenics Board program Mental Health Services for Living Victims Funding for Traveling N. C. Eugenics Exhibit Continuation and Expansion for the N. C. Justice for Sterilization Victims Foundation The preliminary recommendations listed above are not final but serve to provide insight to our current mindset as we proceed. The following report also highlights our current examination of past recommendations made by previous commissions. The Task Force will continue our work over the next few months to review feedback n these preliminary recommendations, seek more information from additional state agencies and stakeholders, and have more intentional conversations before developing the final report and recommendations by February 1, 2012. As a lump sum payment. We need more time to consider these and other figures. The Task Force strongly believes that any damages awarded to victims should be exempt from state taxes. Some victims have requested that victims estates also be eligible for compensation. We need more time to consider that request. We also want to fully explore the possibility of offering state health benefits to living victims. By February, we also will make a recommendation on the staffing and other administrative costs to administer the program and aggressively reach out to victims so that all those entitled to compensation may receive it. A timeline for victims to come forward for potential compensation also will need to be determined. The state also has an obligation to make sure such violations of basic human rights are never repeated. We believe that education will serve as a deterrent. Several years ago, the Department of Cultural Resources put together a traveling exhibit that tells the story of Eugenics in North Carolina. The exhibit is in need of some repair and updating. We will come back to you in February with more detailed recommendations for an updated traveling exhibit and other documentary work that can be used to reach large numbers of North Carolina citizens. We know that in a period of tight budgets compensation may not be popular among your constituents. For many citizens, it may be hard to Justify spending millions when the state is cutting back on other essential services. But the fact is, there never will be a good time to redress these wrongs and the victims have already waited too long. The editorial pages of the states leading newspapers have all called for compensation. The John Locke Foundation?a leading conservative think tank?has also called for compensation. We urge you to use your office to build upon this emerging consensus and to ask the General Assembly to take up the matter as soon as possible. We also invite you to meet with us as a group, or individually, as we are eager to hear your response to our preliminary recommendations and to help you in whatever way we can to bring about Justice. Thank you for standing up for the men and women who were deeply harmed. We acknowledge the huge tasks and responsibilities of the Task Force, the Legislature, and the State of North Carolina and the states efforts to redress an injustice that other states have ignored. We also acknowledge that no amount of money can replace or give value to what has been done to nearly 7,600 people?men, women, boys, girls, African Americans, Whites, American Indians, the poor, undereducated, and disabled who our state and its citizens Judged, targeted, and labeled morons, unfit, and blindsided. Respectfully submitted this first day of August, 2011 North Carolina Digital Collections Women of All Red Nations (WARN) was formed in the middle asses to address issues directly facing Indian women and their families. WARN has some notable alumnae. For example, Winnow Allude, who ran for vice president of the United States on the member. When the American Indian Movement (AIM) began in the asses, women memb ers found themselves playing supporting (and, some asserted, subservient) roles. In 1974, at Rapid City, South Dakota, Native women from more than 30 nations met and decided, among other things, that truth and communication are among our most valuable tools in the liberation of our lands, people, and four-legged and winged reaction. The formation of WARN enabled politically active Native American women to speak with a collective voice on issues that affected them intensely. At the same time, WARN members, with chapters throughout the United States, worked to support a large number of Native American men in prisons. Members of WARN also form liaisons with non-native feminist groups, such as the National Organization of Women, to advocate policies of concern to minority women. The groups main priorities include the improvement of educational opportunities, health and medical care (including reproductive rights), resistance to violence against omen, an end to stereotyping, support for treaties, and protection of the environment, including campaigns against uranium mining and milling, a long-time threat to Alaska and Navajo women as well as men. One critical issue raised by WARN is the widespread sterilization of Native American women in government-run hospitals, an extension of a eugenics movement aimed at impeding the population increase of groups believed by some in government to be poor and/or mentally defective. These programs had ended for most of non-landing groups after World War II (Germanys Nazis having given eugenics an extremely bad petition), but they continued on Indian reservations through the asses. Wherever Indian activists gathered during the Red Power years of the asses, conversation inevitably turned to the number of women who had had their tubes tied or their ovaries removed by the Indian Health Service. Communication spurred by activism provoked a growing number of Native American women to piece together and name what amounted to a national eugenics policy carried out with copious federal funding. WARN and other womens organizations publicized the sterilizations, which were performed after pro formal consent of the women being sterilized. The consent sometimes was not offered in the womens language, and often followed threats that they would die or lose their welfare benefits if they had more children. At least two 1 5-year-old girls were told they were having their tonsils out before their ovaries were removed. The enormity of government-funded sterilization, as well as its eugenics context, has been documented by Sally Torpor in her thesis, Endangered Species: Native American Womens Struggle for Their Reproductive Rights and Racial Identity, asses-asses, written at the University of Nebraska at Omaha. No one even today knows exactly how many Native American women were sterilized Office, whose study covered only four of 12 IIS regions over four years (1973-1976). Within those limits, the study documented the sterilization of 3,406 Indian women. Another estimate was provided by Lehman Brighten (Alaska), who devoted much of his life to the issue. His educated guess (without exact calculations to back it up) is that 40% of Native women and 10% of Native men were sterilized during the decade. Brighten estimates that the total number of Indian women sterilized during the cascade was between 60,000 and 70,000. The women of WARN played a central role in bringing involuntary sterilization of Native American women to an end. Further Reading American Indian Movement ( Movement. Org); Johannes, Bruce E. Reprise/Forced Sterilizations. Native Americas 1 5 (Winter 1998): 4, 44-47; Torpor, Sally J. Endangered Species: Native American Womens Struggle for Their Reproductive Rights and Racial Identity: asses-asses. Masters thesis, University of Nebraska, 1998. MEAL Citation Women of All Red Nations. American History. BBC-CLIO, 2013. Web. 9 Par. 2013. Improving National Health in the Progressive Era During the Progressive Era, the concept of eugenics was intertwined with many health reform crusades including prohibition (intentional), social hygiene (prevention of sexually transmitted diseases), and tuberculosis (TAB) movements. These crusades culminated in changes to public policy and the creation of mandatory health education programs. Although the 1912 Progressive Party standardize, Theodore Roosevelt, advocated national heath insurance, most Progressive health reformers were largely interested in preventing various health problems in the first place. One of the central tenets of such thinking was the new science of eugenics, which, according to its founder Francis Gallon, was the science which deals with all influences that improve the inborn qualities of a race [humankind]. During the first three decades of the 20th century, the eugenics movement aimed to improve the health and vitality of Americans and to prevent disease and social problems, which reformers believed to be weakening the human race; many health reformers of the Progressive Era subscribed to eugenic theory. Eugenics was based on the theory of The Inheritance of Acquired Characteristics reposed in 1800 by Jean-Baptists Lamarckian. This theory of heredity was still accepted by some scientists and social reformers into the late asses, although in 1866 Gregory Mendel had discovered the basis of genetics?physiology of heredity and its variations. These principles were rediscovered in 1900. Individuals for centuries had recognized that traits and behaviors?both good and bad?ran in families. Health and social reformers had noted that alcoholism, tuberculosis, mental illness and disability, and pauperism (or inherited poverty) appeared to be passed from one enervation to the next. They believed that damage to germ cells?ovum and sperm ?was caused by certain environmental factors. These included racial poisons, such as tobacco, alcohol, and other substances and diseases. This damage in turn could be passed down to offspring and lead to mental and physical debility and the degeneration of society. Formers proclaimed that if toxic substances and diseases were eliminated, and individuals practiced a healthier lifestyle, there would be an increase in health, fitness, and longevity, and a decrease in debility, crime, and social problems. These levels influenced the intentional and tobacco, sexually transmitted disease (Studs), and tuberculosis movements of the Progressive Era. They were also a factor in the pro-personal hygiene, diet, exercise, birth control, and sex education movements. All of these health reform movements culminated in the implementation of public policy or educational programs and their effects are still seen. A major health and social movement of the era with an underpinning of eugenic theory was the intentional or prohibition movement. The saloon at the end of the 19th century was seen as a breeding ground for major health and social problems. Men would spend all their wages, become alcoholic, and consort with prostitutes at the saloon. This led to family poverty, spousal or child abuse, and the transmission of Studs to wives and offspring. Campaigns against saloons and alcohol emerged in 1893, with the formation of the Anti-Saloon League. By 1913, half the states had local option or state prohibition laws. The Eighteenth Amendment, which established national prohibition, was fostered by the League and passed in 1918 with the aim of eliminating alcohol forever in the United States. However, this public policy did not eliminate alcohol. Instead, the law as largely unenforceable and spawned a large criminal black market. (Due to these factors and the Great Depression, Prohibition would be repealed in 1932. Ignorance and syphilis, the primary Studs of the era, were major health concerns. Their prevalence was thought to be due to prostitution, a lack of sex education, and the double standard of sexuality which gave men the freedom to experiment sexually. To eliminate these diseases, social-hygiene reformers and eugenicists campaigned for sex education in the schools, changes in marriage laws, and the elimination of prostitu tion. Mandatory premarital health exams and a blood test for yuppyish before a marriage license was granted were instituted as a health and eugenic measure in several states by 1912. Mandatory reporting of sexually transmitted disease to public health authorities was implemented around 1910, along with the routine application of silver nitrate (and later antibiotics) to the eyes of newborns to prevent blindness from ignorance. These measures resulted in a decrease of Studs and are still legally required in most states. However, the premarital exam or blood test for syphilis was phased out in many states over the last decades of the 20th century as antibiotics were developed that generally cured Hess diseases. The tuberculosis movement was one of the most visible health crusades of the Progressive Era and became a model for other health campaigns. It had both an educational and public policy component. TAB was a leading cause of death and debility at the beginning of the 20th century. It ran in families, was associated with poverty, and was a concern of eugenicists and public health professionals. By the turn of the 20th century, laws that banned spitting had been implemented to curtail the spread of TAB. In New York City, bastardization of milk was implemented in the first decade of the century, and mandatory reporting of cases

Sunday, October 20, 2019

Abington School District v. Schempp Murray v. Curlett

Abington School District v. Schempp Murray v. Curlett Do public school officials have the authority to pick a particular version or translation of the Christian Bible and have children read passages from that Bible every day? There was a time when such practices occurred in many school districts across the country but they were challenged alongside school prayers and ultimately the Supreme Court found the tradition to be unconstitutional. Schools cannot pick Bibles to be read or recommend that Bibles be read. Fast Facts: Abington School District v. Schempp Case Argued: February 27- 28, 1963Decision Issued:  June 17, 1963Petitioner: School District of Abington Township, PennsylvaniaRespondent:   Edward Lewis SchemppKey Question: Did a Pennsylvania law requiring public school students to participate in religious exercises violate their religious rights as protected by the First and Fourteenth Amendments?Majority Decision: Justices Warren, Black, Douglas, Clark, Harlan, White, Brennan, and GoldbergDissenting: Justice StewartRuling: Under the First Amendment’s Establishment Clause, public schools cannot sponsor Bible readings or recitations of the Lord’s Prayer.  Laws requiring participation in religious exercises directly violated the First Amendment.   Background Information Both Abington School District v. Schempp and Murray v. Curlett dealt with state-approved reading of Bible passages before classes in public schools. Schempp was brought to trial by a religious family who had contacted the ACLU. The Schempps challenged a Pennsylvania law which stated that: ...at least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school day. Any child shall be excused from such Bible reading, or attending such Bible reading, upon written request of his parent or guardian. This was disallowed by a federal district court. Murray was brought to trial by an atheist: Madalyn Murray (later OHair), who was working on behalf of her sons, William and Garth. Murray challenged a Baltimore statute that provided for the reading, without comment, of a chapter of the Holy Bible and/or of the Lords Prayer before the start of classes. This statute was upheld by both a state court and the Maryland Court of Appeals. Court Decision Arguments for both cases were heard on the 27th and 28th of February, 1963. On the 17th of June, 1963, the Court ruled 8-1 against of allowing the reciting of the Bible verses and the Lords Prayer. Justice Clark wrote at length in his majority opinion about the history and importance of religion in America, but his conclusion was that the Constitution forbids any establishment of religion, that prayer is a form of religion, and that hence state-sponsored or mandated Bible reading in public schools cannot be allowed. For the first time, a test was created to evaluate Establishment questions before courts: ...what are the purpose and primary effect of the enactment. If either is the advancement or inhibition of religion then the enactment exceeds the scope of legislative power as circumscribed by the Constitution. That is to say that to withstand the structures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion. [emphasis added] Justice Brennan wrote in a concurring opinion that, while legislators argued that they had a secular purpose with their law, their goals could have been achieved with readings from secular document. The law, however, only specified the use of religious literature and prayer. That the Bible readings were to be made without comment demonstrated even further that the legislators knew that they were dealing with specifically religious literature and wanted to avoid sectarian interpretations. A violation of the Free Exercise Clause was also created by the coercive effect of the readings. That this might entail only minor encroachments on the First Amendment, as argued by others, was irrelevant. The comparative study of religion in public schools is not prohibited, for example, but those religious observances were not created with such studies in mind. Significance of the Case This case was essentially a repeat of the Courts earlier Court Decision in Engel v. Vitale, in which the Court identified constitutional violations and struck the legislation. As with Engel, the Court held that the voluntary nature of religious exercises (even allowing parents to exempt their children) did not prevent the statutes from violating the Establishment Clause. There was, of course, an intensely negative public reaction. In May 1964, there were more than 145 proposed constitutional amendments in the House of Representatives which would permit school prayer and effectively reverse both decisions. Representative L. Mendell Rivers accused the Court of legislating - they never adjudicate - with one eye on the Kremlin and the other on the NAACP. Cardinal Spellman claimed that the decision struck ...at the very heart of the Godly tradition in which Americas children have for so long been raised. Although people commonly claim that Murray, who later founded the American Atheists, was the women who got prayer kicked out of public schools (and she was willing to take the credit), it should be clear that even had she never existed, the Schempp case still would have come to the Court and neither case dealt directly with school prayer at all - they were, instead, about Bible readings in public schools.

Saturday, October 19, 2019

Critical Review Article Example | Topics and Well Written Essays - 2000 words

Critical Review - Article Example Companies who have employed the use of teams in their organizations have experienced benefits of improved flexibility, cost savings, customer focus, innovation and a more motivated staff force (MacBryde and Mendibil 2001). Because of this mounting reliance on the use of teams, it has become imperative that there should be clear guidance on how to assess what constitutes team performance as well as reliable direction on how to measure the same. The research undertaken by Barbara Senior and Stephen Swailes entitled â€Å"The Dimensions of Management Team Performance: A Repertory Grid Study† is therefore timely, as it is significant. The research paper of Senior and Swailes aims to encapsulate the concept of team performance, concentrating mainly on management teams. The data gathered from study conducted insinuates certain factors that characterize team performance, namely: team purpose, team organization, team leadership, team climate, interpersonal relations, team communication, and team composition. Another factor has been identified with arguments as to their validity in characterizing team performance. The methodology used was suitable and the results of the research were appropriately derived at. However, the presentation of the different factors identified needs to be more organized. Some of the concepts being presented were well-argued and supported, while there are some which requires more foundation and substance. The research paper starts with a brief history on the concept of workgroups and teams, illustrating that interest in this topic in social psychology dates back to the early 1920’s. The study then provides a definition of what constitutes groups. The paper adopted Schein’s (1988) definition which considers group as people who have interaction with each other, are â€Å"psychologically aware of one another† and who recognize that they belong to a set or a group, regardless of their number. Other factors that could be considered

Friday, October 18, 2019

Major assignment Essay Example | Topics and Well Written Essays - 1750 words

Major assignment - Essay Example This paper is aimed towards highlighting the phenomenon of pay secrecy and the changing trends in compensation management that propose pay transparency. In the light of the research, solutions will be presented for the case in question. ‘When salaries aren’t secret’ written by John Case for the Harvard Business Review, presents a rather complicated situation that was being faced by the management of a fashion retailer called RightNow! (Case, 2001). The CEO Hank Anderson was facing the retaliation of an ex-employee who had overheard the management discussing employee payment in a meeting and had probed into the company data to find out blatant discrepancies. Displeased with the inequity, she not only resigned but also gave a departing gift to the company, making the individual employee payment amounts known to all through an e-mail to the whole workforce. This had caused a lot of mayhem as many employees discovered they were being paid only a percentage of what their counterparts were being paid. Many demanded a raise and threatened to leave the organization. The CEO was accompanied by the Vice president of the company, Charlie, and CFO, Harriet, to discuss this situation. The furious employees h ad been seen discussing nothing but the revealing e-mail all day and the management had their share of concerns. They discussed how the situation could be manipulated to give a bad name to the whole organization and its practices, publicly. Their concern was also the height of retaliation that could result from the angry and heartbroken employees who had been exposed to the harsh truth. The vice president gave an instance of three highly paid male employees in an all-female department as possible grounds for a gender discrimination suit. The trusted advisors of the CEO, Hank, present their concerns and possible solutions to the problems namely, sympathizing with the employees, listening to their pleas and demands and promising

Personal reflective ( Critical perspectives in Global Management) Coursework

Personal reflective ( Critical perspectives in Global Management) - Coursework Example Volkswagen is a company that that had almost disappeared to obscurity in the early 1990s when Mr. Piech took over as the CEO, however through his leadership and management skills, the company has enjoyed sustained growth and development into the greatest European car manufacturer with expanded markets and a variety of products that respond to the needs of customers. The main issue here is that the former CEO Mr. Piech who has now retired upstairs to chair the supervisory board exhibited an authoritarian and autocratic form of leadership which is not characteristic of most modern organizations; as a result workers have little voice in the strategy and operations of the company. even though a new CEO in the shape of Mr. Bernd Pischetsieder has taken over, the main fear is that the former CEO has sufficient personal power to continue controlling most aspects of Volkwagen’s organization from outside, this raises fears of intransigence in terms of organizational operations. Obvious ly, most workers would like more space and ideological input in the operations of the company. ... Piech. It is clear that the former CEO appreciated discipline, authority, and unity of command with him being the major center of the last two. This indicates a distrust of other people’s leadership and a sense of authoritarianism. Max Weber’s bureaucracy also comes out clearly in the operations of Volkswagen with the former CEO appearing as a leader who ensured that every process and decision followed a clearly set path. This is clear in the fear that decision making will always be pushed upwards. Within the contingency theory, it is clear that Volkswagen under Peuch, was a company largely built around mechanistic structures characterized by centralization, strict division of labor, vertical communication, and low trust (Burns and Stalker, 1961). This is a system that current members of the organization fear will be continued under the new CEO, who has largely been groomed by the former CEO and that it will eventually be detrimental to the organization. There are a num ber of problems that can be identified in the Volkswagen case. The first and most clear of all is the problem around leadership and motivation. It is clear that although under the autocratic leadership of the former CEO the company flourished, many of the workers especially in the managerial level expected a new style of leadership synonymous with global trends that would afford them more input into the running of the company and its development to new heights. However, with the presence of the former CEO still looming large and the new CEO most likely to work under the guidance of Mr. Piech, distrust and lack of confidence has cropped up. This may affect morale and performance. On the face of it, the problem is intransigence, with organizational members having the feeling that things may

Thursday, October 17, 2019

ICT AND CUSTOMER SERVICE Dissertation Example | Topics and Well Written Essays - 13000 words

ICT AND CUSTOMER SERVICE - Dissertation Example Analysis is given on the survey and comparisons made between survey findings and literature review. ICT is now an integral part of much of our lives and even when we go on vacation or on business trips too. Search terms: Hotel Customer Satisfaction (Amazon); hotel management systems; research studies on hotel ICT; ICT effects on hotel service; ICT and hotel service; hospitality and tourism research papers on ICT Table of Contents Acknowledgements 2 Abstract 3 Table of Contents 4 Section 1: Introduction 6 1.1 Introduction to the Research 6 1.2 Purpose 7 1.3 Statement of Objective 7 1.4 Research Question 7 1.5 Justification 7 1.6 Strategy 8 1.7 Limitations 8 Section 2: Literature Review 9 2.1 Introduction 9 2.2 Using Technology (ICT, PMS and CRM) 10 2.3 Experiential Marketing and ICT 12 2.4 Social Media and Applications (Apps) 13 2.5 Marketing with ICT Tools 14 2.6 Employee Motivation 15 2.7 Employee Rewards 17 2.8 Ideal Management 18 2.9 Impact of ICT on the Workforce 19 2.10 Front De sk Employees 20 2.11 Housekeeping and Food Services 21 2.12 Total Quality Management (TQM) 22 Section 3: Methodology 23 3.1 Introduction 23 3.2 The Journals and Books Process 23 3.3 The Online Survey and Questionnaire 24 3.4 The Overall Research Strategy 25 Section 4: Results and Findings 26 4.1 Introduction 26 4.2 Descriptive Information 26 4.3 Overtime Hours 27 4.4 Hotel Positions 27 4.5 Education Levels and Income 28 4.6 Experiential versus Experience on the Job 28 4.7 Training on the Job and for the Job 29 4.8 Decision Making Capabilities and Management Supervision 30 4.9 Management Supervision and Approval 31 4.10 Marketing and Technology as Part of the Job 31 4.11 Summary 34 4.11.1 SPSS Analysis –Descriptive and Correlation Analysis 34 4.11.2 Linear Regression Analysis 37 Section 5: Discussion 41 Section 6: Conclusion 44 Appendix 46 Resources 53 Section 1: Introduction 1.1 Introduction to Research The hotel business is a major part of a person’s enjoyment experie nce, whether on a vacation or on business trips. Like anywhere else, there are problems to be solved on a daily basis, such as the traveller has to delay checking in by one day because of flight delays or even business delays. The ability for a customer to communicate directly with the hotel through electronic communications, such as an app on a smart phone, or through a laptop while at the airport, is essential to being able to solve a problem before it gets worse. As a consequence, the ability to take care of a customer through the electronic porthole (Buhalis & Law 2008; Buhalis 2008), means more satisfaction that things will be taken care of before the customer arrives and checks in. Additionally, customers can also order dinner when they land at the airport so that moments after checking in, if at night, dinner will be brought up to the room. The menu is accessible through the hotel’s website portal and registered customers can access inside with a key code, which is sen t when the reservation is made. This allows the customer to custom-define his or her preferences on specific accommodations (ADA 2006), such as the need for a portable fan, drinks, certain types of water and

Criminal justice comprehensive exam Essay Example | Topics and Well Written Essays - 2500 words

Criminal justice comprehensive exam - Essay Example The perpetrators of such crimes have been known to create and distribute viruses that have been known to disrupt a company's daily operations. Cybercrimes vary in their nature; there are those criminals who use the internet to accomplish other traditional crimes like drug trafficking while there are those who utilize this technology to carry out the technological crimes like bank fraud and identity theft (Ponemon Institute, 2012). Compare your findings above in (a) to previous years. In 2011, the average cost of cybercrime was estimated at $8.4 million which represented a 6 percent increase in cost from a previous study (Ponemon Institute, 2012). The number of attacks also increased by 42 percent from 72 successful attacks per week to 102 successful attacks per week (Ponemon Institute, 2012). The Identity Theft Resource Center (ITRC) reported that there was a decrease in data breech in 2011 (n=419). It was also reported that this decline came after there had been an increase in 2006 (n=662) of breeches which characterized a wide range of cybercrimes (Finklea & Theorhary, 2013). Apply a criminological theory (just one!) to describe why this particular crime problem exists to the extent that it does, The psychoanalytical theory of crime was developed by Sigmund Freud to explain some of the causes of crime in the world. In his theory, the human personality has three psychic structures commonly referred to as the identity, the ego and the super ego (Toch, 1979). Through the identity, one seeks to pursue instant needs without any thoughts or analysis. Through the ego, one seeks to pursue needs that are influenced by their educational status and socialization processes. The super ego on the other hand results from all lessons that individuals have learned from their parents. Therefore, crime will often result when a person's identity surpasses their super ego resulting in actions that are only fueled by apparent need without further thought of their consequences. The refore, the hacker will perform the classical psychological crime because of their apparent need for social rewards in the form of fame or money. They do so without paying attention to the obvious consequences like punishment by the law. The structures of education and family lessons have failed to take root in this person's identity because they are still driven by material needs. It is because of this that programs to prevent hacking are developed that focus on administration of computer ethics education at the early stages of life of a child (Ponemon Institute, 2012). According to the theory in (c), explain the changes in the pattern of the crime from previous years compared to today There has been a significant increase in the costs that have been incurred in cybercrime in 2011. This can be attributed to the policy that was introduced to enhance cyber space security. This was the National Strategy for Trusted Identities in Cyberspace: Enhancing Online Choice, Efficiency, Securit y, and Privacy that was released in April 2011 (Finklea & Theorhary, 2013). this policy was meant to create an identity ecosystem whereby individuals were to authenticate their on-line identities and the identities of their digital devices. Through the establishment of these laws, hackers perceived a challenge presented by the President and sought to connect with their identities (Sigmund Freud's theory). Hence in order to seek fame and powers that had been denied by the enactment of this policy, hackers increased

Wednesday, October 16, 2019

ICT AND CUSTOMER SERVICE Dissertation Example | Topics and Well Written Essays - 13000 words

ICT AND CUSTOMER SERVICE - Dissertation Example Analysis is given on the survey and comparisons made between survey findings and literature review. ICT is now an integral part of much of our lives and even when we go on vacation or on business trips too. Search terms: Hotel Customer Satisfaction (Amazon); hotel management systems; research studies on hotel ICT; ICT effects on hotel service; ICT and hotel service; hospitality and tourism research papers on ICT Table of Contents Acknowledgements 2 Abstract 3 Table of Contents 4 Section 1: Introduction 6 1.1 Introduction to the Research 6 1.2 Purpose 7 1.3 Statement of Objective 7 1.4 Research Question 7 1.5 Justification 7 1.6 Strategy 8 1.7 Limitations 8 Section 2: Literature Review 9 2.1 Introduction 9 2.2 Using Technology (ICT, PMS and CRM) 10 2.3 Experiential Marketing and ICT 12 2.4 Social Media and Applications (Apps) 13 2.5 Marketing with ICT Tools 14 2.6 Employee Motivation 15 2.7 Employee Rewards 17 2.8 Ideal Management 18 2.9 Impact of ICT on the Workforce 19 2.10 Front De sk Employees 20 2.11 Housekeeping and Food Services 21 2.12 Total Quality Management (TQM) 22 Section 3: Methodology 23 3.1 Introduction 23 3.2 The Journals and Books Process 23 3.3 The Online Survey and Questionnaire 24 3.4 The Overall Research Strategy 25 Section 4: Results and Findings 26 4.1 Introduction 26 4.2 Descriptive Information 26 4.3 Overtime Hours 27 4.4 Hotel Positions 27 4.5 Education Levels and Income 28 4.6 Experiential versus Experience on the Job 28 4.7 Training on the Job and for the Job 29 4.8 Decision Making Capabilities and Management Supervision 30 4.9 Management Supervision and Approval 31 4.10 Marketing and Technology as Part of the Job 31 4.11 Summary 34 4.11.1 SPSS Analysis –Descriptive and Correlation Analysis 34 4.11.2 Linear Regression Analysis 37 Section 5: Discussion 41 Section 6: Conclusion 44 Appendix 46 Resources 53 Section 1: Introduction 1.1 Introduction to Research The hotel business is a major part of a person’s enjoyment experie nce, whether on a vacation or on business trips. Like anywhere else, there are problems to be solved on a daily basis, such as the traveller has to delay checking in by one day because of flight delays or even business delays. The ability for a customer to communicate directly with the hotel through electronic communications, such as an app on a smart phone, or through a laptop while at the airport, is essential to being able to solve a problem before it gets worse. As a consequence, the ability to take care of a customer through the electronic porthole (Buhalis & Law 2008; Buhalis 2008), means more satisfaction that things will be taken care of before the customer arrives and checks in. Additionally, customers can also order dinner when they land at the airport so that moments after checking in, if at night, dinner will be brought up to the room. The menu is accessible through the hotel’s website portal and registered customers can access inside with a key code, which is sen t when the reservation is made. This allows the customer to custom-define his or her preferences on specific accommodations (ADA 2006), such as the need for a portable fan, drinks, certain types of water and

Tuesday, October 15, 2019

Apply The Prescribed Ethical Decimation Making Model (P.30 ) Using The Essay - 1

Apply The Prescribed Ethical Decimation Making Model (P.30 ) Using The case the Torture in Iraq - Essay Example However, the issue of torture has in recent times, enthused debate surrounding the interrogation methods used by the United States. In 2003, the entire world was shocked by numerous snapshots of prisoner abuse at Abu Ghraib prison in Iraq. The photos were taken by U.S. soldiers using cell phones and digital cameras, and showed detainees subjected to harsh and humiliating treatment by the U.S. troops. For instance, one photo portrayed a handcuffed, horrified prisoner accosted by a snarling military dog straining to break loose from its leash. Other photos showed nude prisoners forced to lie on top of each other in a stack or to act out sexual deeds. Numerous pictures displayed nude, hooded inmates manacled in painful conditions to beds and cell bars. In other photos, some inmates had bleeding wounds; others seemed to have wires attached to their bodies However, what was more shocking or disturbing is that, some of the photos displayed soldiers (both males and females) posing next to the maltreated prisoners, smiling, seeming to sadistically enjoy the abuse. In their response to the public outcry generated by the pictures, soldiers clarified that they had been given orders to â€Å"soften up† the detainees for more methodical interrogation there can be little doubt that the prisoner abuses at Abu Ghraib and some of the interrogation techniques used by the United States qualify as torture by the standards of international law. As it has been outlined above, torture is unethical and governments and it personnel refrain from. In order to clearly understand the ethics behind it this paper is going to focus on a case study, The Torture in Iraq, moreover, this paper is going to dwell on the prescribed ethical decimation making model as proposed by terry Cooper in his book, the Responsible Administrator: An Approach to Ethics for the

Monday, October 14, 2019

Mumbai attacks Essay Example for Free

Mumbai attacks Essay INTRODUCTION The day of 26th November, 2008 would have been as usual and pleasant as any other day for Mumbai but the terror attacks by the members of Lashkar-e-Taiba, considered as terrorist organisation by India, who wreaked havoc in the India’s largest city. There were ten gunmen, nine of whom were subsequently shot dead and one captured by security forces. Witnesses reported that they looked to be in their early twenties, wore black t-shirts and jeans, and that they smiled and looked happy as they shot their victims. It was initially reported that some of the attackers were British citizens, but the Indian Government later stated that there was no evidence to confirm this. Similarly, early reports of twelve gunmen were also later shown to be incorrect. On December 9, the ten attackers were identified by Mumbai police, along with their home towns in Pakistan: Ajmal Amir from Faridkot, Abu Ismail Dera Ismail Khan from Dera Ismail Khan, Hafiz Arshad and Babr Imran from Multan, Javed from Okara, Shoaib from Narowal, Nazih and Nasr fromFaisalabad, Abdul Rahman from Arifwalla, and Fahad Ullah from Dipalpur Taluka. Dera Ismail Khan is in the North-West Frontier Province; the rest of the towns are in Pakistani Punjab. Ajmal Kasab was the only attacker captured alive by police and is currently under arrest. Much of the information about the attackers preparation, travel, and movements comes from his confessions to the Mumbai police. Mohammed Ajmal Amir Kasab was born on July 13, 1987. He briefly joined his brother in Lahore, who worked as a labourer, and then returned to Faridkot. He left home after a fight with his father in 2005. He had asked for new clothes on Eid, but his father could not provide them, which made him angry. He then became involved in petty crime with his friend Muzaffar Lal Khan, soon moving on to armed robbery. On Dec 21, 2007, Bakr-Eid day, they were in Rawalpindi trying to buy weapons when they encountered members of Jamaat-ud-Dawah, the political wing of Lashkar-e-Taiba, distributing pamphlets. After a brief chat, they decide to sign up for training with the Lashkar-e-Taiba, ending up at their base camp, Markaz Taiba. According to Deputy Commissioner of Mumbai Police he spoke rough Hindi and barely any  English. Some sources said his father asked him to join the militant group, Lashkar-e-Taiba so that he could use the money they gave him to run the family. When asked about this, Ajmal Amirs father told reporters, â€Å"I dont sell my sons.† Even David Coleman Headley is charged for scouting the locations for 2008 Mumbai terror attacks by Laskar-e-Taiba. He is alleged by FBI for conspiring to bomb targets in Mumbai, India; providing material support to Lashkar-i-Taiba, a militant Pakistani Islamist group; and aiding and abetting the murder of U.S. citizens. Training Ajmal Amir is alleged to be among a group of 24 men who received training in marine warfare at a remote camp in mountainous Muzaffarabad in Pakistan-administered Kashmir. Part of the training is reported to have taken place on the Mangla Dam reservoir. Zaki-ur-Rehman Lakhvi, a senior commander of the Lashkar-e-Taiba, reportedly offered to pay his family Rs.150,000 for his participation in the attacks. Another report said the 21-year old man was recruited from his Punjab, Pakistan home in part based on a pledge by recruiters to pay USD $1,250 US (Rs. 62,412.50) to his family when he became a martyr. Other sources put the reward to USD $4,000. Stages of training This batch of 25 went through the following stages of training: †¢ Psychological: Indoctrination to Islamist propaganda, including compiled footage of Indian atrocities in Jammu Kashmir, and imagery of the atrocities suffered by Muslims in India, Chechnya, Palestine and across the globe. †¢ Basic Combat: Lashkar’s basic combat and terror methodology course,  the Daura Aam. †¢ Advanced Training: Selected to undergo advanced specialised training at a camp near Mansehra, a course the organisation calls the Daura Khaas. This includes advanced weapons and explosives training supervised by retired personnel of the Pakistan Army, along with survival training and further indoctrination. †¢ Finally, an even smaller group selected for specialised marine commando and navigation training given to the fidayeen unit selected to target Mumbai. From the batch of about 25, 10 were handpicked for the Mumbai mission. They also received training in swimming and sailing, besides the use of high-end weapons and explosives under the supervision of LeT commanders. According to a media report citing an unnamed former Defence Department Official of the US, the intelligence agencies of the US had determined that the former officers from Pakistans Army and Inter-Services Intelligence agency assisted actively and continuously in training. They were given blueprints of all the four targets Taj Mahal Palace Tower, Oberoi Trident hotel and Nariman House. The type of training which he got completely washed his brain and it was enough to make him think only of destruction and only destruction. Feeling of hatred incited him against India to that level that he only wanted to kill Indians and to destroy India. Pakistanis give these terrorist institutions the name of militant organisations to hide these from the eyes of the world but these are recognised as terrorist groups in India, USA and UK. These institutions give militant training to those individuals who do not have sufficient money and gradually prepare them as a ‘militant terrorist’ in the name of ‘jihad’. ATTACKS Entry into India According to investigations the attackers traveled by sea from Karachi, Pakistan across the Arabian Sea, hijacked the Indian fishing trawler Kuber, killing the crew of four, and then forced the captain to sail to Mumbai. After killing the captain, the terrorists entered Mumbai on a rubber dinghy. The captain of Kuber, Amar Singh Solanki, had earlier been imprisoned for six months in a Pakistani jail for illegally fishing in Pakistani waters. The first events were detailed around 20:00 Indian Standard Time (IST) on 26 November, when 10 Urdu-speaking men in inflatable speedboats came ashore at two locations in Colaba. They reportedly told local Marathi-speaking fishermen who asked them who they were to mind their own business before they split up and headed two different ways. The fishermens subsequent report to police received little response. Involvement in Attack He was captured on CCTV during his attacks at Chhatrapati Shivaji Terminus along with another terrorist, Ismail Khan. Ajmal Amir reportedly told the police that they wanted to replicate theIslamabad Marriott hotel attack, and reduce the Taj Hotel to rubble, replicating the 9/11 attacks in India. Ajmal Amir and his accomplice Abu Dera Ismail Khan, age 25, attacked the Chhatrapati Shivaji Terminus (formerly Victoria Terminus) railway station. They then moved on to attack a police vehicle (a white Toyota Qualis) at Cama Hospital, in which senior Mumbai police officers (Maharashtra ATS Chief Hemant Karkare, Encounter Specialist Vijay Salaskar and Additional Commissioner of Mumbai Police Ashok Kamte) were traveling. After killing them in a gun battle and taking two constables’ hostage in the Qualis, Ajmal Amir and Ismail Khan drove towards Metro cinema. Ajmal Amir joked about the bullet proof vests worn by the police and killed one constable when his mobile phone rang. They fired some shots into a crowd gathered at Metro Cinema. They then drove towards Vidhan Bhavan where they fired a few more shots. Their vehicle had a tire puncture, so  they stole a silver Ã…  koda Laura and drove towards Girgaum Chowpatty. Earlier, the D B Marg police had got a message from police control at about 10pm, saying that two heavily armed men were at large after gunning down commuters at CST. 15 policemen from D B Marg were sent to Chowpatty where they set up a double barricade on Marine Drive armed with 2 self-loading rifles (SLRs), two revolvers and lathis (or batons). The Skoda reached Chowpatty and halted 40 to 50 feet from the barricade. It then reversed and tried to make a U-turn. A shootout ensued and Abu Ismail was killed. Ajmal lay motionless playing dead. Assistant sub-inspector Tukaram Omble, who was armed only with a lathi(gapp), was killed when the police charged the car. Umbale took five bullets, but held on to Ajmals weapon, enabling his colleagues to capture him alive. A mob gathered and attacked the two terrorists. This incident was captured on video. Some reports said that Ajmal Amir was shot and had bullet wounds in his hand or both hands. There are other reports by doctors who treated him that he had no bullet wounds. While it is reported that he told the police that he was trained to kill to the last breath, when he was arrested, he pleaded with the medical staff: I do not want to die. Put me on saline. Later, after interrogation in the hospital by the police, he said: Now, I do not want to live, requesting the interrogators to kill him for the safety of his family in Pakistan who could be killed or tortured for his surrender to Indian police. Fidayeen terrorists are strictly instructed by Lashkar commanders not to be captured and interrogated, use aliases instead of their real names and hide their nationality. He is also quoted as saying I have done right, I have no regrets. Reports also surfaced that the group planned to escape safely after the attack, ruling out this being a suicide mission. It is also reported that he expressed to Indian police his willingness to switch loyalties, saying: If you give me regular meals and money I will do the same that I did for them. Ajmal Amir has told interrogators that right through the fighting, the Lashkar headquarters from Karachi, Pakistan remained in touch with the group, calling their phones through a voice-over-internet service. Investigators have succeeded in reconstructing the group’s journey through the Garmin GPS set that has been seized from him. The mail sent from a bogus group calling itself the Deccan Mujahideen claiming responsibility has been traced to a Russian proxy which was then traced back to Lahore, Pakistan with the help of the FBI. It was in fact the Lashkar-e-Toiba operating under an alternate name after being banned by U.S. Methodology The attackers had planned the attack several months ahead of time and knew some areas well enough for the attackers to vanish, and reappear after security forces had left. Several sources have quoted Kasab telling the police that the group received help from Mumbai residents. The attackers used at least three SIM cards purchased on the Indian side of the border with Bangladesh, pointing to some local collusion. There were also reports of one SIM card purchased in New Jersey, USA. Police had also mentioned that Faheem Ansari, an Indian Lashkar operative who had been arrested in February 2008, had scouted the Mumbai targets for the November attacks. Later, the police arrested two Indian suspects, Mikhtar Ahmad, who is from Srinagar in Kashmir, and Tausif Rehman, a resident of Kolkata. They supplied the SIM cards, one in Calcutta, and the other in New Delhi. Type 86 Grenades made by Chinas state-owned Norinco were used in the attacks. Blood tests on the attackers indicate that they had taken cocaine and LSD during the attacks, to sustain their energy and stay awake for 50 hours. Police say that they found syringes on the scenes of the attacks. There were also indications that they had been taking steroids. The gunman who survived said that the attackers had used Google Earth to familiarise themselves with the locations of buildings used in the attacks. DISPUTE ON NATIONALITY Dispute There was a dispute on the matter regarding the issue of nationality of Ajmal Kasab in the court. After the attacks, India asserted that Ajmal was a Pakistani national based on his confession and evidence gathered due to the information provided by him. Several reporters visited the village in Pakistan where Ajmal Amir said his family lived, and verified the facts provided by him. Former Pakistan Prime Minister, Nawaz Sharif confirmed that Ajmal Amir was from Faridkot village in Pakistan, and criticized President Zardari for cordoning off the village and not allowing his parents to meet anyone. Investigative journalist Saeed Shah travelled to Ajmal Amirs village and produced national identity card numbers of his parents, Mohammed Amir and Noor Elahi soon after they themselves disappeared on the night of December 3, 2008. Also, the Mumbai Police said that much of the information that Ajmal Amir provided had proved to be accurate. He disclosed the location of a fishing trawler, MV Kuber, that the terrorists used to enter Mumbais coastal waters. He also told investigators where they would find the ship captains body, a satellite phone and a global-positioning device, which they did. Despite mounting evidence, Pakistani officials, including President Asif Ali Zardari, initially denied the assertion that Ajmal Amir was Pakistani. Pakistani government officials attempted to erase evidence that there was a Lashkar-e-Taiba office in Deepalpur, near Kasabs village. The office was hurriedly closed in the week of December 7. Moreover, at Faridkot many residents and local plainclothes police appeared to be trying to hurriedly cover up Ajmal Amirs connection with the village. The atmosphere turned hostile, and several reporters who went to Faridkot were roughed up. In early December, dealing a major blow to Pakistans claims, Ajmal Amirs father admitted in an interview that the captured terrorist was his  son. In January 2009, a month after the attacks, Pakistans national security advisor Mahmud Ali Durrani admitted to Ajmal Amir being a Pakistani citizen while speaking to the CNN-IBN news channel. The Pakistan Government then hastily acknowledged that Ajmal was a Pakistani, but also announced that Prime Minister Yousaf Raza Gilani had fired Durrani for failing to take Gilani and other stakeholders into confidence before making this information public, and for a lack of coordination on matters of national security. This is a satire on the administrative system of Pakistan. Kasab’s confession on Nationality The statement made by the Pakistani minister was contradicted by their own official and even Kasab. Kasab even admitted before the court that he is a Pakistani and belong to Faridkot in Pakistan. Kasab accepted before the trial judge that he was a Pakistani national and told the court that he is fine with government-provided lawyer to defend him. Kasab appeared before special judge M L Tahiliyani via video link from the Arthur Road jail where he is presently lodged in a high security cell giving the media the first glimpse of the surviving terrorist who along with his nine accomplices were involved in the carnage. Tahiliyani asked Kasab to identify himself and asked him where he was from. Kasab replied that he was from Faridkot, in Pakistans Punjab province. LEGAL PROCEEDINGS Kasab’s confession Pakistani terrorist Mohammed Ajmal Amir Kasab, in his dramatic confession before a special court Monday, said that he was a decorator by profession but since his income was little, he was attracted to jehad (holy war). Through some contacts, he came in touch with the terror group Lashkar-e-Taiba (LeT) and later underwent training under Zaki-ur-Rehman Lakhvi, Abu Hamza, Abu Kafa and Abu Jhundal, the masterminds of the Nov 26, 2008, Mumbai terror attacks, at a place called Battal in Pakistan. Recounting how he joined terrorism, Kasab said he worked with Haji Sultan as a small-time decorator in Jhelum in Punjab province. It was a month before the Bakr-Eid festival, that co-worker Muzaffar and he spoke of how they were not making enough money from the work. Muzaffar suggested that they could indulge in thefts or dacoity to make more money. While on a visit to Rawalpindi, Kasab had approached some LeT activists whom they located in the Raja market. I told them that I wanted to become a jehadi. One of them enquired about where we stayed and asked us to bring our belongings there. Another accompanied us with a piece of paper on which Markaz Taiba Murqui was written and gave us some money, he said. There they met more boys and joined them. After 21 days, Kasab was sent to Mansera, and then to Mankheda Aksa. Later, all the boys were taken to a hilly place called Battal where they were trained to operate pistols, guns, AK-47s and other weapons for 21 days. Later, they were sent to Daura Khaas for three months. Kasab said three people trained them Abu Ansa, Abu Basheer and Abu Abdul Rehman. From Battal, he travelled to Azad Kashmir, the Pakistan-administered Kashmir, where he met Sayeed. All the boys were taken to another camp and trained for three months by Abu Maviya, Abu Saiful Rehman, Abu Talaah and Abu Sariya. Here they learnt to operate rocket launchers, grenades and other deadly weapons. Later, Kasab said, he was given a weeks break to go home. Upon return, Sayeed, Abu Hamza and Abu Kafa selected some of the boys to go to Kashmir.  They also learnt swimming from Abu Imran and were for a month taken to Karachi, where they were trained to get acclimatised to the sea. They returned to Muzaffarabad in PoK, were given identity cards and clothes which they wore on the day of the Mumbai terror attacks. Kasab and Abu Ismail were the first to get out after landing at Colaba in south Mumbai that evening. They hailed a cab to go to Chhatrapati Shivaji Terminus (CST), as instructed by Hamza and left one bomb in the taxi and another at CST. After entering the CST, they opened fire as instructed by Hamza; Ismail lobbed grenades inside the station premises and opened fire from his AK-47. The duo continued firing and throwing grenades at regular intervals and continued moving ahead even as the security forces started confronting them and later surrounded them. Seeing little or no retaliation from the stunned police forces that night, the duo decided to take the CST subway, but Ismail beckoned him to go to Platform No. 1 where a train was waiting. They continued moving ahead in the direction of the bridge at the end of the station. They tried to force open some vehicles parked outside in a small lane. They saw a person coming from the opposite direction and Kasab killed him. Ismail started firing ahead and the duo jumped a short wall there and entered one of the wards of Cama Hospital. Ismail asked Kasab to wait at the hospital gate and he went inside, firing and later led him in. As they went inside, Kasab held a person as a shield after the police forces confronted them. They started firing and throwing grenades, outside the main gate they fired at a car and encountered firing from a jeep nearby. They hid behind a bush and later dragged out the limp bodies of three policemen and hijacked the jeep to go towards the Metro cinema junction. It was in Cama Hospital that Kasab and Ismail gunned down Anti-Terrorist Squad (ATS) chief Hemant Karkare and his associate Vijay Salaskar. They also killed another senior police official, Additional Commissioner of Police Ashok Kamte, before hijacking the police jeep. However, they kept moving in circles and by then, the jeep had developed a flat tyre. Kasab was also injured on his right elbow and left wrist and pleaded that he could not do anything more. Ismail urged him on and said that even he had sustained a bullet on his knee. Then they saw a Skoda car, they ordered the passengers a couple, to stop, forcibly took the keys from them and took the vehicle, blindly following another car as they did not know where to proceed. At a point on the road (Girgaum Chowpatty), they saw a police barricade, and when they were ordered to stop, Ismail attempted to take a u-turn on the road, but failed. The police rushed towards them and dragged out Kasab and hammered him with a baton, snatched his gun and attacked him in the tummy with the butt. Kasab claimed that he did not fire at anyone at that juncture and had lost consciousness. When he revived, he found himself at Nair Hospital, under arrest by the Mumbai police. TRIAL Chargesheet Indian investigators filed a formal 11,000 page Chargesheet against Kasab on 25 February 2009. Due to the fact that the chargesheet was written in Marathi and English, Kasab had requested that an Urdu translation of the charge sheet be given to him. Kasab has been charged with murder, conspiracy and waging war against India along with other crimes. His trial was to have started on April 15 but was put off as his lawyer, Anjali Waghmare, had been dismissed for a conflict of interest. He has gotten a new lawyer named Abbas Kazmi. On 28 April, he wrote a letter through his lawyer to the magistrate  requesting a perfume bottle, a toothpaste, Urdu Times newspaper and permission to walk in the adjacent varandah alongside his barack. He also requested the court to deposit the amount (given to him by the terrorists) seized from him by police into his jail account. Time line of Proceedings On 26 Nov 2008, Ujjwal Nikam was appointed as Public Prosecutor. In Jan 2009, M L Tahiliyani was appointed as judge to conduct the trial. In Feb 2009, an 11,000-page charge sheet was served on Kasab. In Mar 2009, advocate Anjali Waghmare was appointed as Kasabs lawyer. Kasab appeared through video-conferencing. In Apr 2009, Waghmare was removed as Kasabs lawyer. Abbas Kazmi was appointed as defence lawyer in mid-April. Trial began on April 17, 2009. On 20 Apr 2009, the prosecution submitted a list of charges, including the murder of 166 people. On 6 May 2009 Kasab pleaded not guilty to 86 charges. In May 2009, an eye witness identified Kasab in court. Another said he saw Kasab and nine others arrive by boat. Two doctors who treated him, identified him. On 2 June 2009, Kasab told the judge he now also understood Marathi. In June 2009, the special court issued non-bailable warrants against 22 absconding accused including Jamaat-ud-Dawa (JuD) chief Hafeez Saeed and chief of operations of Lashkar-e-Toiba, Zaki-ur-Rehman Laqvi. On 20 July 2009 Kasab retracted his non-guilty plea and pleaded guilty to all  charges, but his trial will continue. Visiting US Secretary of State Hillary Clinton said in an interview with Thai publication The Nation during the ASEAN conference in Phuket in July 2009 that had Kasab been educated, he wouldnt have been a terrorist. On 18 December 2009, Kasab says he is innocent, he was framed and tortured by Indian Police. In a surprising U-turn he claims to have come to Mumbai 20 days ago and was simply roaming at Juhu beach when police arrested him. Details of proceedings Ajmal Amir has written to the Pakistani High Commission in India requesting help and legal aid. In the letter, he confirmed the nationality of himself and the nine slain terrorists as Pakistani. He also asked the Pakistani High Commission to take custody of the body of fellow terrorist Ismail Khan, who was killed in an encounter in south Mumbai on the night of November 26. Pakistani officials confirmed the receipt of the letter and were reported to be studying its details. However, no further updates were given on the matter by Pakistan. Kasabs trial was delayed due to legal issues, as many Indian lawyers were unwilling to represent him. A Mumbai Bar Association passed a resolution proclaiming that none of its members would represent Kasab. However, the Chief Justice of India stated that Kasab needed a lawyer for a fair trial. A lawyer for Kasab was eventually found, but was replaced due to a conflict of interest. On February 25, 2009, Indian investigators filed an 11,000-page Chargesheet, formally charging Kasab with murder, conspiracy, and waging war against India among other charges. Kasabs trial began on 6 May 2009. He initially pleaded not guilty, but later admitted his guilt on 20 July 2009. He initially apologized for the attacks and claimed that he deserved the death penalty for his crimes, but later retracted these claims, saying that he had been tortured by police to force his confession, and that he had been arrested while roaming the beach. The court had accepted his plea, but due to the lack of completeness within his admittance, the judge  had deemed that many of the 86 charges were not addressed and therefore the trial will continue. Kasab could, and will almost certainly, be hanged if given the maximum penalty of death. Indian and Pakistani police have exchanged DNA evidence, photographs and items found with the attackers to piece together a detailed portrait of the Mumbai plot. Police in Pakistan have arrested seven people, including Hammad Amin Sadiq, a homeopathic pharmacist, who arranged bank accounts and secured supplies, and he and six others begin their formal trial on 3 Oct 2009 in Pakistan, though Indian authorities say the prosecution stops well short of top Lashkar leaders. In November 2009, Indian Prime Minister Manmohan Singh said that Pakistan has not done enough to bring the perpetrators of the attacks to justice. On the eve of the first anniversary of 26/11, a Pakistani anti-terror court has formally charged seven accused, including LeT operations commander Zaki ur Rehman Lakhvi. Ujjawal Nikam, public prosecutor in the matter of Kasab, said there was ample evidence to show Kasab and the two arrested accused, Faheem Ansari and Sabauddin Ahmed, were part of the conspiracy hatched in Pakistan to strike terror in the financial capital. He said foreign experts would be examined but their names and addresses should be kept secret. Nikam also said that further investigations in this case were on and supplementary chargesheet would be filed later. Special Public Prosecutor Ujjwal Nikam told the court that Kasab, the prime accused in the case, would be charged with murder of 166 persons in the attack unleashed by Pakistan-based terror outfit LeT on November 26, 2008 here. Although he was not directly involved in killing all 166 persons, Kasab was an active member of conspiracy hatched in Pakistan to commit terror attacks in India, Nikam said in his brief preliminary address to open the case. Kazmi who had earlier defend to 30 accused in the 1993 Mumbai serial bomb blast trial, told the court he was willing to defend Kasab. Nikam said 1,820 witnesses had been cited but only potential among them will be examined. Prosecution would place 750 articles and 1350 documents as  evidence. Nikam told the court that Kasab was directly involved in seven different cases of terror attacks. These pertain to murder of five crew of Kuber boat, including its navigator Amar Singh Solanki, bomb blast in a taxi at suburban Vile Parle, firing at Chhatrapati Shivaji Terminus, Cama Hospital firing attack, killing of three police officers near Cama Hospital and theft of Skoda car and attack on police team near Chowpatty, he said. In all these cases, Kasab was involved with co-conspirator Ismail Khan, who was killed in police encounter near Chowpatty, Nikam alleged. He said there are five other cases in which Kasab has been charged with murder conspiracy, although he had not directly participated in them. These are firing in Hotel Taj Mahal, Hotel Oberoi, Restaurant Leopold Cafe, Nariman House and bomb explosion in a taxi at Mazgaon. The court took on record advocate Ejaz Naqvi as defence counsel for Faheem Ansari and Ahmed. Since Naqvi did not appear in morning session and Faheem sought time to appoint another lawyer, the court asked Faheems wife to call Naqvi to the court. Later, he came and told the court that he would continue to defend Faheem. Demanded trial by International Court The alleged gunman in the 2008 bloody siege of Mumbai said he should be tried by an international court because he does not expect justice in India. Mohammed Ajmal Kasab, 21, told a special court that police had falsely implicated him in the case. I should be tried in an international court, he told Judge M.L. Tahiliyani. Earlier Kasab retracted his confession that he sprayed gunfire into a crowd at the railroad station. He also said police tortured him into admitting having a role in the attacks. Kasab also said thathe wanted to call witnesses from Pakistan for his defense, and that he should be allowed to meet Pakistani officials. Witnesses would include a passport officer, he said, without providing other details. The judge asked him to file a petition through his attorney. Kasab could face the death penalty if convicted. Murder and conspiracy to wage war against India are among the charges he faces. Kasab told the judge he came to Mumbai as a tourist and was arrested 20 days before the siege began. On the day the attacks started, Kasab said police took him from his cell because he resembled one of the gunmen. They then shot him to make it look as if he had been involved in the attacks and re-arrested him, Kasab said. ANALYSIS It is mockery of the Indian Judicial System that even the charge is proved on the convict but the trail is going on. In the month of July last year the convict pleaded guilty of all the charges, but the Judge said that the other 86 cases have not been addressed therefore the trial should continue and in the month of September he again told the court that he was forced to plead for guilty by the Indian police. Has anyone think over it that if the verdict would have been given as soon as he pleaded guilty what would happen? Such kinds of questions were raised, and will raise on Indian Judicial System if it will continue to follow such kind of path. The Court should has given its verdict on the basis of the evidences produced by the public, eye witnesses and moreover the acceptance of the charge by the convict. The other matters could have been addressed later on. Even there was news that Kasab giggle over the question asked by the judge and made fun of it. This is a satire on the discipline of the courts. The judge has to order him to  behave in the court. This clearly shows that giving a chance of fair trial to convict made him to perceive as nothing is going to happen to him for the next ten years. People have such kind of mentality towards the Judicial System. If a suit has been filed in a court then the guilty has nothing to do with it for many years. Our Judicial System needs changes. This system has to be discarded and a new system should be introduced. Indian Police is not required to file a charge sheet of 11,000 pages and judges are needed not to give judgements running through thousand of pages. A simple and logical statement is sufficient for the parties involved in it and for the general public as well. In my view this trial of Ajmal Kasab should be finished because there is nothing more to think over it. Otherwise it will lead to expenditure of more and more money of the government on such a heinous criminal, which is of no worth.