Markist essays

Markist essays The Power is in the People Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (The United States Constitution: The First Amendment). By the action taken on December 12, 1791 (when the Bill of Rights was adopted), the United States of America granted its people a power that would prove extremely potent one-hundred and twenty-nine years later. During the era of Prohibition (1920-1933), people took whatever action necessary to get their way, and did so through the rights afforded to them in the First Amendment. Individuals in favor of Prohibition, seeing the benefits of the institution, worked together to sustain it. Those against Prohibition, feeling a violation of their rights, acted just as intensely, if not even more so, to stop the movement. The government, ignori ng the voice of the people, was primarily concerned with keeping Prohibition alive. However, the right to individual voice, a principle upon which the United States was founded, made it impossible for an institution such as Prohibition to exist successfully. In the years prior to and during Prohibition, many people did everything within their power to keep the nation free of alcohol. Numerous committees were formed for the purpose of pursuing the enactment and continuation of Prohibition. Church and religion also played a large part in the fight to keep the nation dry. Some individuals even entered politics and took office in the government in an effort to be heard. People made an united effort to reveal the virtues of Prohibition to the nation. The Anti-Saloon League of America was founded in 1893 at Oberlin, Ohio. Throughout Prohibition, its members went from town to town speaking out against saloons and alcohol (Merz 8). On January 16, 1920, ...

Due Process of Law in the US Constitution

Due Process of Law in the US Constitution How important did America’s Founding Fathers consider the concept of â€Å"due process of law?† Important enough that they made it the only right guaranteed twice by the U.S. Constitution. Due process  of law in government is a constitutional guarantee that actions of the government will not impact its citizens in an abusive manner. As applied today, due process dictates that all courts must operate under a clearly defined set of standards crafted to protect peoples’ personal liberty. Due Process of Law in the United States The Constitution’s Fifth Amendment adamantly commands that no person may be â€Å"deprived of life, liberty or property without due process of law† by any act of the federal government. Then, the Fourteenth Amendment, ratified in 1868, steps up to use exactly the same phrase, called the Due Process Clause, to extend the same requirement to the state governments.   In making due process of law a constitutional guarantee, America’s Founding Fathers drew on a key phrase in the English Magna Carta of 1215, providing that no citizen should be made to forfeit his or her property, rights, or freedom except â€Å"by the law of the land,† as applied by the court. The exact phrase â€Å"due process of law† first appeared as a substitute for Magna Carta’s â€Å"the law of the land† in a 1354 statute adopted under King Edward III that restated the Magna Carta’s guarantee of the liberty. The exact phrase from the 1354 statutory rendition of the Magna Carta referring to â€Å"due process of law† reads: â€Å"No man of what state or condition he be, shall be put out of his lands or tenements nor taken nor disinherited, nor put to death, without he be brought to answer by due process of law.† (emphasis added) At the time, â€Å"taken† was interpreted to mean being arrested or deprived of liberty by the government. ‘Due Process of Law’ and ‘Equal Protection of the Laws’ While the Fourteenth Amendment applied the Bill of Rights’ Fifth Amendment guarantee of due process of law to the states it also provides that the states may not deny any person within their jurisdiction â€Å"the equal protection of the laws.† That’s fine for the states, but does the Fourteenth Amendment’s â€Å"Equal Protection Clause† also apply to the federal government and to all U.S. citizens, regardless of where they live? The Equal Protection Clause was mainly intended to enforce the equality provision of the Civil Rights Act of 1866, which provided that all U.S. citizens (except  American Indians) should be given â€Å"full and equal benefit of all laws and proceedings for the security of person and property.† So, the Equal Protection Clause itself applies only to state and local governments. But, enter the U.S. Supreme Court and its interpretation the Due Process Clause. In its decision in the 1954 case of Bolling v. Sharpe, the U.S. Supreme Court ruled that the Fourteenth Amendment’s Equal Protection Clause requirements apply to the federal government through the Fifth Amendment’s Due Process Clause. The Court’s Bolling v. Sharpe decision illustrates one of the five â€Å"other† ways the Constitution has been amended over the years.   As the source of much debate, especially during the tumultuous days of school integration, the Equal Protection Clause gave rise to the wider legal tenet of â€Å"Equal Justice Under Law.† The term â€Å"Equal Justice Under Law† would soon become the foundation of the Supreme Court’s landmark decision in the 1954 case of Brown v. Board of Education, which led to the end of racial segregation in public schools, as well as dozens of laws prohibiting discrimination against persons belonging to various legally define protected groups. Key Rights and Protections Offered by Due Process of Law The basic rights and protections inherent in the Due Process of Law clause apply in all federal and state government proceedings that could result in a person’s â€Å"deprivation,† basically meaning the loss of â€Å"life, liberty† or property. The rights of due process apply in all state and federal criminal and civil proceedings from hearings and depositions to full-blown trials. These rights include: The right to an unbiased and speedy trialThe right to be provided with notice of the criminal charges or civil action involved and the legal grounds for those charges or actionsThe right present reasons why a proposed action should not be takenThe right to present evidence, including the right to call witnessesThe right to know the opposing evidence (disclosure)The right to cross-examine adverse witnessesThe right to a decision based solely on the evidence and testimony presentedThe right to be represented by a lawyerThe requirement that the court or other tribunal prepare a written record of the evidence and testimony presentedThe requirement that the court or other tribunal prepare written findings of fact and reasons for its decision Fundamental Rights and the Substantive Due Process Doctrine While court decisions like Brown v. Board of Education have established the Due Process Clause as sort of a proxy for a wide range of rights dealing with social equality, those rights were at least expressed in the Constitution. But what about those rights not mentioned in the Constitution, like the right to marry the person of your choice or the right to have children and raise them as you choose? Indeed, the thorniest constitutional debates over the last half century have involved those other rights of â€Å"personal privacy† like marriage, sexual preference, and reproductive rights. To justify the enactment of federal and state laws dealing with such issues, the courts have evolved the doctrine of â€Å"substantive due process of law.† As applied today, substantive due process holds that the Fifth and the Fourteenth Amendments requires that all laws restricting certain â€Å"fundamental rights† must be fair and reasonable and that the issue in question must be a legitimate concern of the government. Over the years, the Supreme Court has used substantive due process to emphasize the protections of the Fourth, Fifth and Sixth Amendments of the Constitution in cases dealing with the fundamental rights by constraining certain actions taken by police, legislatures, prosecutors, and judges. The Fundamental Rights The â€Å"fundamental rights† are defined as those having some relationship to the rights of autonomy or privacy. Fundamental rights, whether they are enumerated in the Constitution or not, are sometimes called â€Å"liberty interests.† Some examples of these rights recognized by the courts but not enumerated in the Constitution include, but are not limited to: The right to marry and procreateThe right to have custody of one’s own children and to raise then as one sees fitThe right to practice contraceptionThe right to identify as being of the gender of one’s choiceThe right work at the job of one’s choiceThe right to refuse medical treatment The fact that a certain law may restrict or even prohibit the practice of a fundamental right does not  in all cases mean that the law is unconstitutional under the Due Process Clause. Unless a court decides that it was unnecessary or inappropriate for the government to restrict the right in order to achieve some compelling governmental objective the law will be allowed to stand.

Cutting Operating Cost Essay Example | Topics and Well Written Essays - 500 words

Cutting Operating Cost - Essay Example Therefore, by cutting operating costs, Method will be able to reduce its liabilities and increase its assets. This means that if the company had been spending $200 million on expenses, and then it manages to cut this to $150, the company will be able to decrease liabilities by $50 million. This, on the other hand, will increase the assets of the company by $50 million in the form of hard cash or money in the bank. The method may decide to invest in green business activities, which may prove to be expensive initially or in the short run. In order to undertake such activities, the company might be forced to purchase new equipment or upgrade its equipment to make sure that it is able to embrace green business activities. This may prove costly in the short run. However, in the long run, this may help the company save costs and improve efficiency. For instance, when method decided to improve the efficiency of their shipping, they decided to purchase biodiesel trucks. These were additional costs to the company. However, they helped the company to save on fuel used for shipping. This is due to the fact that the trucks that use biodiesel fuel are able to get 13% more miles for each diesel gallon. Yes, I think that over the years household companies have realized that green products can help them be efficient and save costs. Research conducted in the year 2008 showed that the use of eco-friendly household products was expected to rise from 3% in the year 2008 to about 30% by the year 2013. This is a huge increase and in order to tap into this market, many households companies have decided to go green. In addition to tap into this ever-growing market for eco-friendly household products, the companies may also have realized the benefits that they may enjoy by growing green.  

Accounting - Dissertation Proposal - Corporate Social Responsibility; Research - 1

Accounting - Dissertation - Corporate Social Responsibility; Growth of CSR Reporting in Compliance with IFRS, Case of Kuwait - Research Proposal Example Looking significantly at what has been noted about corporate non-financial reporting, it becomes evident that there is substantial variability on how scholars and organizations perceive this process. The number of experiential studies on the corporate social responsibility reporting is significantly increasing and more and more thorough content analysis of the corporate reports that are published has been implemented with the views that originate from the stakeholders, economic theories with an economic nature, information economics and also risk management. The universal position that has been documented in most books is that corporate social responsibility reporting enhances accountability.3 Many writers are of the opinion that legitimacy theory provides and a frame that is descriptive in terms of social and environmental disclosure. In terms of the number of corporate social reports, there is increasing agreement that a variety of features are linked with larger revelation of environmental information via corporate communications. These factors basically include: the size of the firm, the financial performance, media exposure and also being subject to regulatory proceedings. The main purpose of this study is to appreciate the growth corporate social responsibility reporting that is in compliance with IFRS across Kuwait and to expose the differences and similarities that may exist in the ways that corporate social responsibility information is revealed as well as the activities that are related to corporate social responsibility. Within this aim that had been identified, there are some objectives that will be addressed which will include identifying the variations in form and the main features of corporate social responsibility reports, distinguishing the issues that are divulged when the report comes out and disclosing and analyzing the differences in corporate social responsibility reporting and propose their possible underlying

Produce a written analysis of learning theory related to planning, Essay

Produce a written analysis of learning theory related to planning, preparation, delivery and asessment of your teaching and learning programmes - Essay Example Our lives could be very complicated if we were unable to learn because it would mean that we would not be adequately available to our society. We would sit as vegetables or empty shells alone in some dark room because we would not know that there was anything else. We would simply sit because there was nothing to show us that there was more to life than what we were doing at that time. Because learning seems to be a complicated situation we as humans have identified that we need to understand what learning is all about and how it affects us and the world around us. We also want to know how it affects people on a global level. Since learning is so important to everything we do it is important to analyze learning theory to see why it relates to how we as teachers cerate learning programs. Early learning theorist had their basis in both education and psychology. Many psychologists studied learning and influenced the field. The first learning theorist that comes to mind is Jean Piaget. Piaget spent his time with very young children and decided that children did not think like adults but that they had their own thought processes that had their own order and logic (Papert, 1999, p. 1). Although he later created his four stages of development his real interest was in epistemology. The theory of knowledge was interesting to him so he studied extensively it from a scientific standpoint (Papert, p. 3). According to Papert, a former student of Piagets: The core of Piaget is his belief that looking carefully at how knowledge develops in children will elucidate the nature of knowledge in general. Whether this has in fact led to deeper understanding remains, like everything about Piaget, controversial. In the past decade Piaget has been vigorously challenged by the current fashion of viewing knowledge as an intrinsic property of the brain. (Papert, p. 3). The Behaviourists and in particular B.F. Skinner

Pressure on students Research Paper Example | Topics and Well Written Essays - 1000 words

Pressure on students - Research Paper Example The students may end up in unfair practices because of the pressure that is being imposed upon them. In several instances it is seen that the students have cheated for their exams so that they can achieve better grades. In other words pressure is causing the students to go through ethical dilemmas which they otherwise may not go through. Similarly it is also found that the students undergo anxiety because of the pressure that they feel. Moreover in exams the students may not be able to perform well because of this very pressure. It has been argued by many that this pressure can create many difficulties for the students and this aspect would be further analyzed in this essay (Welch et al 2007). Students are pressurized by parents mostly to perform better so that they can achieve good grades. But this pressure has been directly linked to the anxiety found in the students. This anxiety can further affect the results of the students in a special environment. It has been found that studen ts who are anxious when giving a test tend to perform lower than the ones who have not been informed. In other words the students who tend to be pressurized about a test perform lower than the ones who are not pressurized about it. Another process of ‘catastrophizing’ may occur when the students fear the consequences of the test before even attempting it. This again is a process through which the students are pressurized and this affects the grades of the students. In other words high pressure can affect the grades of the students negatively rather than positively (Welch et al 2007). During the student life it is seen that the students have to undergo a lot of pressure from parents and peers. A study conducted showed that students of both genders were under pressure from their peers during their school life. It is because of this that the students have to undergo a great deal of pressure and this affects their grading. Students who undergo pressure cannot withstand it a t times and they undergo other social problems while trying to achieve better grades (Gewertz 2005). Pressure on students is enforced by the parents and peers so that they can achieve good grades. Professor Eric Roberts has blamed the norm of getting higher grades a primary problem which increases plagiarism and cheating in academic institutions. It has been found that the pressure inflicted upon the students by parents and peers leads to a greater level of stress amongst the students. The problem has become so bad that the stress levels have also been indicated to be a health epidemic. It has also been found that because of the stress levels the students tend to forget the ethical values that are involved in education. A lecturer Clark Pope stated that â€Å"The students "know [cheating] is wrong; they tell me they wish they didn't do it†¦."But they feel like the most important thing they do is get the grades, by hook or by crook." This clearly shows that to achieve higher gr ades the students forget their ethical limits and get involved in the practice of cheating. Achieving higher grades has become a norm for every student and this should be somehow removed from the minds of the students. The students on one hand are able to achieve higher grades but on the other hand the ethical problems are on the rise and this can be accounted to the pressures that these students are facing (Palmer 2005). The problem of peer and parent pressure in students has increased so much that Stanford

Blog Coursework Example | Topics and Well Written Essays - 3500 words

Blog - Coursework Example Therefore, current management teams tend to focus on the required combinations that are required in terms of employees for economic and productivity values. When evaluating the effects of team diversity on business performance, (Kochan, et al., 2002, p. 12) indicated that different levels employee sourcing create a very strong case for the diversification of the required returns. The diversity under consideration in this situation includes cultural, demographic, technical and cognitive. After this integration, the group processes will include communication, creativity, conflict and cohesion. The required outcomes in this regard are; reduced turnover rate, satisfaction of all stakeholders and improved performance. It has been noted that diversity, if not well managed have adverse effects on the running of a company. Conflicts and ineffective communication are an inevitable part of life in any group setting. However, these can take a different dimension when dealing with diversity (Her rera, Duncan, Ree, & Williams, 2013, p. 5). Lower levels of cohesion and miscommunication are some of the negative issues that must be looked into before effectiveness of the whole company is upgraded. In fact, the relationship that exists between diversity and performance in any company is dependent on the human resource enforces the good practices of creativity and innovation at the initial levels of hiring employees. Therefore, diversity must be effectively handled if it has to give the best results (Mirza, 2011, p. 4). Effective handling of diversity has several advantages. McDonalds Company is one of the companies that have highly benefitted from the aspect of work place diversity. Increased productivity has been highly seen as a result of the diversity created. The company, a US grocery company has a very wide base in more than 118 countries and in particular commands a very huge market in the UK (Mirza, 2011, p. 7). The use of diversity has made the company create a diverse w ork force with different talents that have highly reduced the turnover rate of the company and in turn increasing its stores all over the world. Another benefit that has come to the company is increased creativity and the rate of solving company problems. Different cultures come with different needs and concerns (Kochan, et al., 2002, p. 13). The company has concentrated so much on diverse work force that it has equally created a diversified customer base based on the cultural range of products sold. So committed to the issue of diversity it is, that the company has created a World Leadership Development. Because of the company external development strategy, it does not discriminate (Mirza, 2011, p. 3). The third advantage as seen in the McDonald’s case is the attraction and retention talent. The company has been seen to highly involve itself in the community based programs where it creates the diversity needed. According to Mirza (2011), the company supports groups of networ ked individuals in the composition of gay and lesbian employees, because these are very important to the company employment cycle. In fact, the company has a Chief World Diversity Officer, Patricia Sowell Harris whose work is to see that the values of these individuals are upheld. According to the company, they are important, not only as a customer base development team but also worthy employees. Tasked with making sure that people deliver their best, she has made sure that the company effectively responds to the aspect of diversified talent. With the inclusion of