Dream Act

Education is a benefit for society. Higher education offers higher economic advantages for both workers and the economy. The United States is the home of about 65,000 undocumented children who graduate high school each year and have lived in the country for more than five years (Dreams Deferred, 2010). These children are intelligent, outstanding class presidents, valedictorians, and honor students who aspire to be successful doctors, engineers, teachers, and lawyers.However, because of legal and financial obstacles confronting them just because they are undocumented students, many are unable to live their American dream and attend a college or university. It is estimated that only about 5 to 10% of undocumented high school graduates go on to college (Dreams Deferred, 2010). According to the Immigration Policy Center, â€Å"Studies of undocumented immigrants who legalized their status through the Immigration Reform and Control Act (IRCA) of 1986 reveal that legal status brings fiscal , economic, and labor-market benefits to individual immigrants, their families, and U.S. society in general† (Dreams Deferred, 2010). The U. S. Department of Labor found that wages of these immigrants who received their legal status under IRCA increased their wages to 15% five years later. If given the opportunity, undocumented students will expand their education, get better jobs, and pay taxes. The Development, Relief, and Education for Alien Minors (DREAM) Act is a proposed federal legislation in the U. S. that will enact two major changes in current law.The DREAM Act will 1) â€Å"Permit certain immigrant students who have grown up in the U. S. to apply legal status and to eventually obtain permanent status and become eligible for U. S. citizenship if they go to college or serve in the U. S. military; and 2) Eliminate a federal provision that penalizes states that provide in-state tuition without regard to immigration status. † (DREAM Act: Summary, 2, 2010)The passa ge of the DREAM Act is critical to raise the quality of the U.S. workforce through higher education to maintain a strong economy. The DREAM Act will increase the number of undocumented immigrant students who attend college, it will benefit the nation’s economy, and the nation will save the high cost of ignoring these undocumented immigrant students. The Development, Relief, and Education for Alien Minors (DREAM) Act is a bipartisan legislation led by senators Richard Durbin, Chuck Hagel, andRichard Lugar, this bill will restore states’ rights to offer in-state tuition to undocumented immigrant students who live in that state in order to make it easier for students to afford a higher level education. The DREAM Act will also provide citizenship to the hardworking immigrant youth who was brought to the U. S. as children and who pursue a higher education or military service, allowing them to contribute to the American society (Basic Facts about In-State Tuition for Undocum ented Immigrant Students, 2006).The bill has been introduced several times in the House of Representatives and the Senate, but it has never been brought to a floor vote. In the senate it was brought to debate on October 24, 2007, but failed by a 52-44 vote. The DREAM Act was reintroduced on March 26, 2009 by Richard Durbin and Richard Lugar in the senate and in the House of Representatives by Howard Berman, Lincoln Diaz, and Lucille Roybal-Allard (DREAM Act: Summary, 2010). To qualify, a DREAM Act beneficiary would have to meet the following requirements: * Proof of having arrived to the U.S. at the age of 15 or younger. * Proof of residence in the U. S. for at least 5 consecutive years since the date of their arrival. * Must be between the age of 12 and 35 at the time of the enactment of the bill. * Have graduated from an American high school, or obtained a GED. * Display â€Å"Good Moral Character† defined as â€Å"the absence of significant criminal record or any major ch arge of drugs† by the National Council of La Raza (The ‘DREAM Act’ and the ‘American Dream Act, 1, 2007). The student must have accomplished one of the following within six year after the permanent residence was granted: * Earn a degree from a 2 or 4 year institution, or have maintained a â€Å"good standing† for at least two years at a 2 or 4 year institution while working toward a bachelor’s degree or higher (The ‘DREAM Act’ and the ‘American Dream Act, 2007). * Served in the U. S. Armed Forces for at least 2 years. Without the DREAM Act the U. S. faces critical financial and emotional costs.After years of hard work and achieving success in high school every student in America expects a reward. 65,000 undocumented students currently living in America expect these rewards as well. They were raised the American way. According to the National Council of La Raza, the American way is to â€Å"offer equal opportunities to all an d encourage all to make the most of their talents† (The ‘DREAM Act’ and the ‘American Dream Act, 2, 2007). As young children, these students were brought to this nation by their parents; it was beyond their control to stay in their native land.Brenda Garcia states, her family faced monetary problems while living in Mexico, the only solution to their problem was to come to the United States, she had no say so in this decision and was forced to follow her parents and leave her country (2010). These students have shared all the American values and traditions; they see this country as their home. These students grew up pledging allegiance to the United States of America, and now the United States of America can’t give its loyalists the opportunity for citizenship and a more affordable higher level education.Current law punishes these students for a decision they did not make and for their lack of documentation. America has imposed insuperable obstacles fo r these students and crushed their hopes of exceeding in their education, as a result â€Å"only 5 to 10 percent of undocumented young people who graduate from high school go on to college† (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 2, 2006) either because schools deny them admission, they are charged out-of state tuition which is much more than the in-state tuition rate, they are not eligible for financial aid, and cannot work legally in the United States.The discouragement is too much and most of these hard working, and goal oriented undocumented students with high academic standing don’t get to live their American dream. With the passage of the DREAM Act these student’s dreams could be attainable and as a result more students could attend college, exceed in their education, and contribute to the United States economy. The DREAM Act will â€Å"facilitate access to college for immigrant students in the U.S. by restoring statesâ₠¬â„¢ rights to offer in-state tuition to immigrant students residing in their state,† states the National Council of La Raza (The ‘DREAM Act’ and the ‘American Dream Act, 1, 2007). Many states argue that the schools will not have revenue if undocumented students are charged only in-state tuition, but who said in-state tuition meant free tuition? â€Å"In-state tuition is not the same as free tuition.It is a discount,† claims the National Immigration Law Center (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 2, 2006) if the discount is provided, more undocumented students will attend an institution of higher level education and the money paid by these students will increase school revenues by far because it will be money that would otherwise not be there, and even then, after all, education pays for itself, claims the National Immigration Law Center (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 3, 200 6).The United States’ economic future depends on its current students, documented and undocumented. If given the opportunity, through the DREAM Act, undocumented students will expand their education and raise the schools revenues; they will get better jobs in which they will help out the U. S. society by curing the ill, sharing their knowledge with young people, designing new buildings for the community, and opening new businesses, etc.The National Immigration Law Center claims that â€Å"As baby boomers age, the number of retirees in the U. S. swell (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 2, 2006) and that’s why in the future the U. S. will need new proficient people to take over those jobs. These young immigrants can be the future professionals the U. S. will need, they are â€Å"key to our ability to counteract the serious demographic challenges we face† (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 2, 2006).We as a nation must â€Å"raise the caliber of our workforce through higher education to have a chance to maintain a strong economy† (Basic Facts about In-State Tuition for Undocumented Immigrant Students, 2, 2006). Additionally each person who attends college and obtains a professional job means one less expense to the state in terms of social service, as well, an asset in terms of tax payments to the state. The nation cannot burden these motivated and high achieving immigrant youth; after all they will only benefit the nation in the future.Undocumented students who don’t have the opportunity to get the best out of their education are simply wasted talent, a new report from the Immigration Policy Center by Roberto Gonzalez, Wasted Talent and Broken Dreams: The Lost Potential of Undocumented Students, makes it clear that â€Å"without means to legalize their status, these children are seldom able to go on to college, cannot work legally in the United States, and therefore cannot put their educations to good use† (Dreams Deferred, 1, 2010).The United States has invested in the education of these undocumented students since they were in pre-kinder all the way through their high school education. If the United States cuts their education short by not gathering the full potential of these children’s’ education it will face an enormous cost because there will be no benefits for the nation. In the future these tudents will not give back to the nation, and that will be a result of waste talent, wasted money, and lost potential. Why not let these students contribute back to the country that gave them so much? The American way is to be fair and offer equal opportunities to all and encourage everyone to make the best out of their talents, America, now is the time to live up to your American way. Don’t punish these undocumented students for a decision that they did not make.These students are your children, they are Ame ricans, they are friends, classmates, outstanding students, they are family. There is a significant cost in denying these children their college education. Don’t crush their American Dream. â€Å"This wasted talent imposes financial and emotional costs not only on undocumented students themselves, but on the U. S. economy and U. S. society as a whole† (Dreams Deferred, 1, 2010). Dream Act Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 â€Å"Amy's Story. † Immigration and Multiculturalism: Essential Primary Sources. Ed. K. Lee Lerner, Brenda Wilmoth Lerner, and Adrienne Wilmoth Lerner. Detroit: Gale, 2006. 329-333. Gale Opposing Viewpoints In Context. Web. 14 Nov. 2011. Definition/Background History: The IRCA (Immigration and Reform Control Act) was introduced in 1986, this act enabled immigrants who came to America illegally residency and citizenship. The widespread amount of illegal immigrants caused border controls for those who are foreigners.Unfortunately Amy, an anonymous illegal immigrant, and her family surpassed the deadline by three and a half weeks. Amy tells her story about her family and financial struggles due to being an undocumented immigrant. She faced out-of-state tuition fees because of college requirements of being resident in the United States. Hiding undercover pretending to be a citizen was becoming tough for Amy so she had to drop out of school. Now she tutors and has low-paid jobs to support her parents and herself. Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011Bennion, David. â€Å"Undocumented Youths Organize to Pass DREAM Act. † Legal Intelligencer. 31 Aug 2009. Print. David Bennion. â€Å"Children of Illegal Aliens Should Go to College and Gain Legal Status. † â€Å"What Rights Should Illegal Immigrants Have? † Noel Merino, Ed. At Issue Series. Greenhaven Press, 2010. Opposing Viewpoints. Web. 9 Nov. 2011. Positive Effect: David Bennion, an immigration attorney at Nationalities Service Center in Philadelphia, stated: â€Å"Each year, about 65,000 undocumented students graduate from high school in the United States.They then face often insurmountable barriers to pursuing further education or employment opportunities. † By passing the DREAM Act the amount of undocumented immigrants that are already living in America could help the economy and prosper in education and em ployment. Negative Effect: Keeping the act repealed is beneficial because the amount of illegal immigrants in America could incline. By permitting the â€Å"Dreamers† to pay in-state-college tuition and become a citizen of U. S. would promote more illegal immigrants into America. Cynthia NguyenMs. Thompson ENC 1101 November 28, 2011 â€Å"Dream on. † America 19 July 2010: 5. Gale Opposing Viewpoints In Context. Web. 14 Nov. 2011. Positive Effects: President Obama reignited the idea of allowing illegal immigrants education and ability to attend colleges under certain circumstances written in the DREAM Act. He states â€Å"We should stop punishing innocent young people for the actions of their parents by denying them the chance to stay here and earn an education and contribute their talents to build the country where they’ve grown up. With this idea, this allows the children who are documented an opportunity to succeed in the United States not only for themselves , but our economy as well. Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 Ling-Ling, Yeh. â€Å"The Dream for Some, a Nightmare for the Rest. † The Daily Californian. 19 Oct 2007. Print. Yeh Ling-Ling. â€Å"Children of Illegal Aliens Should Not Go to College and Gail Legal Status. † â€Å"What Rights Should Illegal Immigrants Have? † Noel Merino, Ed. At Issue Series. Greenhaven Press. 2010. Print. Opposing Viewpoints. Web. 9 Nov. 2011. Undesirable Effects:Yeh Ling-Ling an executive director of the Diversity Alliance for a Sustainable America, and an immigrant states â€Å"Passing the Development, Relief, and Education for Alien Minors Act, or DREAM Act, is a bad idea. Allowing illegal immigrant students to pay in-state college tuition and gain residency would only encourage more illegal immigrants in the United States. The act would have a negative economic impact and hurt American citizens. † Passing the Dream Act would economically stress our f unds because in reality most illegal immigrants are low-paid and cannot afford to pay taxes.The amount of children in American public education would rise. â€Å"This cost can exceed $9,500 per child per year if the student receives the so-called bilingual education, not to mention the costs of other social services. † By accepting this act, it would be a reward to illegal immigrants and would cause more to migrate to America. The Dream Act would negatively effect politics as well. For example, Hispanic activists encourage the pressuring of the United States to be identical as Mexico. This factor effects the future of millions of our nation.Not only politics would be effected but, â€Å"The U. S. population has quadrupled since 1900, from 76 million to 303 million. In the last 15 years alone,over 50 million people have been added to the United States mostly due to immigration-derived growth! If our population continues to grow at the rate of last decade, by 2100—withi n the lifetimes of today's children's children—the United States will have India's current population. † Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 â€Å"Illegal Immigrants. Current Issues: Macmillian Social Science Library. Detroit: Gale, 2010. Gale Opposing Viewpoints In Context. Web. 9 Nov. 2011. Definition/History/Background: â€Å"An immigrant is a person who migrates from one country to another. An â€Å"illegal† immigrant is a person who does so without following the established legal procedures of the destination country and who resides in that country without proper visas or other documents. Illegal immigrants are sometimes referred to as â€Å"illegal aliens† or â€Å"undocumented workers. † Most illegal immigrants of the United States come from Mexico by crossing the 1,955-mile border or the northern border with Canada. Desirable: Economic effects of immigrants can be positive. Illegal immigrants are more open to low-wage jo bs because without paperwork they are not allowed to apply for a job. â€Å"†¦ immigrants take on hard and dangerous jobs that native Americans will not do. These defenders maintain that immigrants’ labor and entrepreneurship helps to revitalize American industries and create more jobs than they take. † Undesirable:For the people who do pay taxes, immigrants are expensive to have. â€Å"The study concluded that taxpayers were paying $4 billion annually in unemployment, medical, educational, and other government programs and services. † Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 Texier, Le Emmanuelle. â€Å"The Debate for In-State Tuition Fees Regardless of Immigration Status: The Right to Educate. † La Prensa San Diego 9 May 2003. Print. Emmanuelle Le Texier. â€Å"Undocumented Immigrants Are Entitled to In-State Tuition. † Lori Newman Ed. At Issues Series. Greenhaven Press, 2006.Opposing Viewpoints. Web. 14 Nov. 2011. Positive Eff ects: Enabling illegal immigrants to continue with education formulates a chain reaction to the economy’s rise. Educating a large portion of our country promotes skilled workers, in which help with building a better future for America. Students have not done anything to harm our economy. No matter illegal, or not the children are the future of America and should be rewarded by the ability to fulfill higher education. Allowing this higher education promotes more skilled workers â€Å"building the future of a country. † Dream Act Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 â€Å"Amy's Story. † Immigration and Multiculturalism: Essential Primary Sources. Ed. K. Lee Lerner, Brenda Wilmoth Lerner, and Adrienne Wilmoth Lerner. Detroit: Gale, 2006. 329-333. Gale Opposing Viewpoints In Context. Web. 14 Nov. 2011. Definition/Background History: The IRCA (Immigration and Reform Control Act) was introduced in 1986, this act enabled immigrants who came to America illegally residency and citizenship. The widespread amount of illegal immigrants caused border controls for those who are foreigners.Unfortunately Amy, an anonymous illegal immigrant, and her family surpassed the deadline by three and a half weeks. Amy tells her story about her family and financial struggles due to being an undocumented immigrant. She faced out-of-state tuition fees because of college requirements of being resident in the United States. Hiding undercover pretending to be a citizen was becoming tough for Amy so she had to drop out of school. Now she tutors and has low-paid jobs to support her parents and herself. Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011Bennion, David. â€Å"Undocumented Youths Organize to Pass DREAM Act. † Legal Intelligencer. 31 Aug 2009. Print. David Bennion. â€Å"Children of Illegal Aliens Should Go to College and Gain Legal Status. † â€Å"What Rights Should Illegal Immigrants Have? † Noel Merino, Ed. At Issue Series. Greenhaven Press, 2010. Opposing Viewpoints. Web. 9 Nov. 2011. Positive Effect: David Bennion, an immigration attorney at Nationalities Service Center in Philadelphia, stated: â€Å"Each year, about 65,000 undocumented students graduate from high school in the United States.They then face often insurmountable barriers to pursuing further education or employment opportunities. † By passing the DREAM Act the amount of undocumented immigrants that are already living in America could help the economy and prosper in education and em ployment. Negative Effect: Keeping the act repealed is beneficial because the amount of illegal immigrants in America could incline. By permitting the â€Å"Dreamers† to pay in-state-college tuition and become a citizen of U. S. would promote more illegal immigrants into America. Cynthia NguyenMs. Thompson ENC 1101 November 28, 2011 â€Å"Dream on. † America 19 July 2010: 5. Gale Opposing Viewpoints In Context. Web. 14 Nov. 2011. Positive Effects: President Obama reignited the idea of allowing illegal immigrants education and ability to attend colleges under certain circumstances written in the DREAM Act. He states â€Å"We should stop punishing innocent young people for the actions of their parents by denying them the chance to stay here and earn an education and contribute their talents to build the country where they’ve grown up. With this idea, this allows the children who are documented an opportunity to succeed in the United States not only for themselves , but our economy as well. Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 Ling-Ling, Yeh. â€Å"The Dream for Some, a Nightmare for the Rest. † The Daily Californian. 19 Oct 2007. Print. Yeh Ling-Ling. â€Å"Children of Illegal Aliens Should Not Go to College and Gail Legal Status. † â€Å"What Rights Should Illegal Immigrants Have? † Noel Merino, Ed. At Issue Series. Greenhaven Press. 2010. Print. Opposing Viewpoints. Web. 9 Nov. 2011. Undesirable Effects:Yeh Ling-Ling an executive director of the Diversity Alliance for a Sustainable America, and an immigrant states â€Å"Passing the Development, Relief, and Education for Alien Minors Act, or DREAM Act, is a bad idea. Allowing illegal immigrant students to pay in-state college tuition and gain residency would only encourage more illegal immigrants in the United States. The act would have a negative economic impact and hurt American citizens. † Passing the Dream Act would economically stress our f unds because in reality most illegal immigrants are low-paid and cannot afford to pay taxes.The amount of children in American public education would rise. â€Å"This cost can exceed $9,500 per child per year if the student receives the so-called bilingual education, not to mention the costs of other social services. † By accepting this act, it would be a reward to illegal immigrants and would cause more to migrate to America. The Dream Act would negatively effect politics as well. For example, Hispanic activists encourage the pressuring of the United States to be identical as Mexico. This factor effects the future of millions of our nation.Not only politics would be effected but, â€Å"The U. S. population has quadrupled since 1900, from 76 million to 303 million. In the last 15 years alone,over 50 million people have been added to the United States mostly due to immigration-derived growth! If our population continues to grow at the rate of last decade, by 2100—withi n the lifetimes of today's children's children—the United States will have India's current population. † Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 â€Å"Illegal Immigrants. Current Issues: Macmillian Social Science Library. Detroit: Gale, 2010. Gale Opposing Viewpoints In Context. Web. 9 Nov. 2011. Definition/History/Background: â€Å"An immigrant is a person who migrates from one country to another. An â€Å"illegal† immigrant is a person who does so without following the established legal procedures of the destination country and who resides in that country without proper visas or other documents. Illegal immigrants are sometimes referred to as â€Å"illegal aliens† or â€Å"undocumented workers. † Most illegal immigrants of the United States come from Mexico by crossing the 1,955-mile border or the northern border with Canada. Desirable: Economic effects of immigrants can be positive. Illegal immigrants are more open to low-wage jo bs because without paperwork they are not allowed to apply for a job. â€Å"†¦ immigrants take on hard and dangerous jobs that native Americans will not do. These defenders maintain that immigrants’ labor and entrepreneurship helps to revitalize American industries and create more jobs than they take. † Undesirable:For the people who do pay taxes, immigrants are expensive to have. â€Å"The study concluded that taxpayers were paying $4 billion annually in unemployment, medical, educational, and other government programs and services. † Cynthia Nguyen Ms. Thompson ENC 1101 November 28, 2011 Texier, Le Emmanuelle. â€Å"The Debate for In-State Tuition Fees Regardless of Immigration Status: The Right to Educate. † La Prensa San Diego 9 May 2003. Print. Emmanuelle Le Texier. â€Å"Undocumented Immigrants Are Entitled to In-State Tuition. † Lori Newman Ed. At Issues Series. Greenhaven Press, 2006.Opposing Viewpoints. Web. 14 Nov. 2011. Positive Eff ects: Enabling illegal immigrants to continue with education formulates a chain reaction to the economy’s rise. Educating a large portion of our country promotes skilled workers, in which help with building a better future for America. Students have not done anything to harm our economy. No matter illegal, or not the children are the future of America and should be rewarded by the ability to fulfill higher education. Allowing this higher education promotes more skilled workers â€Å"building the future of a country. †

Health and Modern Life Essay

The Way Eating Habits Has Affected My Life Its really astonishing how much our eating habits influence our every day life. From the economy, to the health issues†¦ Premium Life Style Affecting Students Health and create awareness among the youth regarding their lifestyle and the way it affects their health. LITERATURE REVIEW I had gone through many articles and†¦ Premium see more:jam topic about internet Drawing On The Concepts You Have Studied In Block 1, Critically Reflect On The Ways In Which Your Own Life Course†¦ in Block 1, critically reflect on the ways in which your own life course has affected how you work in, or use, health and social care. We are now living in†¦ Premium Critically Reflect On The Ways In Which Your Own Life Course Had Affected How You Work In, Or Use, Health And†¦ course to reflect own. Reflecting on the ways in which my own life course had affected how I work in the health and social care sector helped me as an individual in†¦ Premium Technology, Human Beings And The Fate Of The Earth: a Social Critique Of Modern Life worlds, via the latest form of technology. I suspect that our modern sense of security has been entrained to operate in collusion with these technological devices†¦ Premium The Affect Of Health Care Reform On Women’s Health topic of healthcare reform and its affect on womens health is an important issue to our group; we are young women of modern society, who come from all walks of life†¦ Premium Media And Modern Life opportunities and new possibilities to make use of our lives to live a modern life. And hand in hand with all these inventions go media, very closely interconnected†¦ Premium Science In Modern Life that are now easily treated nowadays. The vital role of science in modern life is not overstated in view of todays world. Scientific knowledge has improved the†¦ Premium Durkheim’s Theory Of Anomie And Marx’s Theory Of Alienation Have Had a Very Strong Influence On The†¦ and evaluate their merits. The analysis will cover various aspects of modern life under the two theories and seek to establish which provides a more convincing†¦ Premium How Does Pollution In Large Cities Affect Human Health? the biggest problem in the future. Finally, water pollution also affects human health. Industrial waste has been dumped into nearby water as often as into the air†¦ Premium The Role Of Computers And The Internet In Modern Life The role of computers and the Internet in modern life Nearly everything we do in this world is helped or even controlled by computers. So it is difficult to†¦ Premium Some Ways The Enviornment Affects Human Health Some Ways That The Environment Affects Human Health? Air Pollution Air pollution is one obvious environmental health threat in OECD countries, contributing to a†¦ Premium Social Networking In Modern Life in general and the Internet in particular that has created a new aspect of modern life. Among these social networks, Facebook is the most popular with millions of†¦ Premium How Do The Different Sources Of Power In Ian Kramer’s Life Shape His Experience Of Health And Social Care? that doesnt affect his daily life as it did previously. Even though Ian doesnt have the power-to take action and make the changes like the health professionals†¦ Premium Different Cultural Practices In The Philippines Which Could Affect Our Health Different religious practices that can affect our health. Religious beliefs cause patients to forego needed medical care, refuse life-saving procedures, and stop†¦ Premium How Drugs Can Affects The Health And Physical Development Of a Child five general types of factors which can affect the health and physical development of children, one of these factors is lifestyle. Lifestyle factors are the way in†¦ Premium â€Å"Modern Gadgets: Daily Useful Applications Versus Health Hazard To Mankind†Modern Gadgets: Daily other hand, as we enjoy the amazing applications of these modern gadgets, people dont claim the fact that it can pose health hazards to them. Although these gadgets†¦ Premium

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Stress coping, social support and quality of live for a patient who suffered stroke and partner (husband) that had to give up his job to look after his partner - Essay Example Sandra is unable to speak at this time which also means that she cannot work; her husband has to quit work so that he can take care of her. The purpose of this discussion is to design information that can help Sandra and her husband cope with what has happened and insure that they will have a quality of life. According to The Stroke Association (2009), there are many psychological changes that a person can experience after a stroke. Depression is a common result because a person must deal with physical changes that are different from what they experience before the stroke. Many people are not assessed for depression so it is a good idea for Sandra to have an assessment for depression. Fear and anxiety can affect an individuals psychological well-being because they have lost the ability to use part of their body or they have been affected in other ways. In Sandras case, she is unable to speak and she has lost the use of her right side. Sandra will need to adjust to this situation in order to be successful in rehabilitation. Although each stroke is different, because Sandras left side of her brain has been affected, she may experience outbursts of anger or she may find herself crying for no known reason (Stroke Association, Fact Sheet 10, p. 1). These bursts of anger and crying are often linked to their frustration of not being able to take care of themselves for their daily needs (Ryan, 2009, p. 1806). Many stoke victims have a loss of sexual desire, and perceived loss of control or "the relinquishing of defined roles" of their daily routine. (Thompson and Ryan, p. 1807). The family is also affected because initially it is a shock. Most people do not feel that they are going to have any health problems and a stroke happens suddenly and dramatically. Family members may also feel a sense of loss because the person they have known and loved is now different. The doctors cannot really determine how much recovery a person will

Site Visit Report Coursework Example | Topics and Well Written Essays - 3250 words

Site Visit Report - Coursework Example The mosaics and marbles used in the building are representative of the different religions that ruled it. The changes that took place by different religions are reflective of the changing political situation of Turkey. Mosaics from different religions have been uncovered in the building. Many mosaics were covered by plaster since Muslims disliked representational form of architecture. There is a lot of Islamic calligraphy all over the dome. The Christian mosaics that have been uncovered show Christian scenes. The mosaics leave an impact on the visitor due to their details and fine workmanship. The building has a diameter of over 30 meters. It has a square format and a huge dome with spaces through which light streams in. Minarets and buttresses are present as well. Muslims prefer non-representational forms of architecture and so a lot of mosaics were destroyed (Mosaic Art Source Blog). The remaining ones are depictive of religious and royal pictures such as the one where Virgin Mary is being accompanied by Justinian and Constantine. Looking at the museum was a breath-taking experience for me. I was captivated by the mosaics. The thing that had the most impact on me was how both Christianity and Islam have come together under one roof in a world where religious extremism is rampant. It was built by Justinian in 532. It is named Basilica Cisterns because of it is located on an ancient Basilica, and is also known as Yerebatan Sarayi. The main purpose of constructing the building was to supply water for the Byzantine Palace. It has 336 columns, most of which are Corinthian or Doric style (Atlas Obscura). The building is located near the Byzantine Palace. It was built to overcome any water shortages for the people living in the Palace. To some degree, this tells us of how the rulers ensured that they lived a comfortable and luxurious life. There are two heads of medusa placed on

Chapter 3 of Bhagavad Gita and Purusha Sukta Essay

Chapter 3 of Bhagavad Gita and Purusha Sukta - Essay Example â€Å"The Way of Action† shows the state of mind of Arjuna in dealing with the dilemma of choosing between accomplishing his duties as a warrior to fight his own people and his love for his relatives. He seeks the answer to his problems with Lord Krishna, questioning Him why one should engage himself in an action which will cause so much chaos to human lives. In the end, Lord Krishna let Arjuna understand about the duties of each individual to his own self, to his family and to the society (Schweig 57-58). An individual cannot achieve freedom from action without entering upon action. He cannot reach perfection as well by just renouncing a certain action. Everyone is driven to action instinctively and so he must perform his duties for action is better to inaction. These various levels of duties of man comprise the essence of Karma Yoga. Karma, or action, aims that a person should â€Å"attain a stage where any action is not bound by desire for results† (Varma). With this , one must not control the indrivas by will; instead remain unattached to the results in order to perform selfless action. By doing work without attachment, a man attains supreme bliss. For example, the Karma followed by the head of the household in different levels of society is that he is a husband to his wife, a father to his children, and also a boss to many employees working with him, all at the same time (Varma). Yagya or sacrifice is another theme of the third chapter of â€Å"Bhagavad Gita†. Lord Krishna teachers Arjuna that mankind will prosper only when he learns how to give. Man is bound by the actions that he performs unless he does them as a sacrifice (Schweig 59-60). For instance, Lord Krishna by virtue of his holiness has no duty to perform but he chooses to work so that man can achieve a level of spirituality by following his examples. In one of the verses, Arjuna asks Lord Krishna how man commits sin, to which Lord Krishna answers that it is because of desire , for desire lives in the senses, mind and intellect. For a man to attain knowledge, he must control his senses with his mind through his intellect so that desire can be overcome and therefore attain knowledge. Thus, a worldly-minded man is self-centered while a man enlightened with Karma Yogi has overcome self-centeredness and strives to work for the benefit of all (Varma). The essence of the teachings of Lord Krishna and his universal form as exemplified in â€Å"Bhagavad Gita† closely resembles to that of the Purusha Sukta. Like Bhrama in the Upanishads, Lord Krishna was identified in Gita with eternity so that his intransience can be attributed in his divine role as the regulator of human society. According to Bandyopadhyaya (91), â€Å"the ideological objective was the same as that of the Purusha Sukta and Advaita philosophy, namely to rationalize, legitimize and sanctify the prevailing class-caste in the face of the developing contradictions within that structure.† Lansdowne (15) defines Purusha Sukta as â€Å"

Define Literary Realism and apply the definition to Fools by Joan Term Paper

Define Literary Realism and apply the definition to Fools by Joan Silber. Refer to Huck Finn by Mark Twain as comparison - Term Paper Example Realism is applied by literary critics in two diverse ways: (1) to identify a movement in the writing of novels during the nineteenth century that included Honore de Balzac in France, George Eliot in England, and Willian L. Dean in America, and (2) to designate a recurrent mode, in various eras and literary forms, or representing human life and experience in literature† (Abrams 258). Thus it is evident that realism exposes the reality in human life and the words of Abrams confirms it when he says, â€Å"realism is said to represent life as it really is.† Another significant thing regarding realism is its â€Å"artistic or literary portrayal of life in a faithful, accurate manner, unclouded by false ideals, literary conventions, or misplaced aesthetic glorification and beautification of the world† (Wheeler). In realism, the writers do not leave space for fantasy or adventure as in the case of romantic fiction, but they depict life in a matter-of-fact or straightforward way, dissuading the wide possibilities of imaginative coloring. While reading through a realistic fiction, it said that the common readers are taken to a realistic social world in which the characters resemble to them and the actions narrated have close association with their life situations. This makes the readers infer the characters as simply existing and there is probability for their actions to take place. When analyzing Joan Silber’s ‘Fools’— collections of short stories, on the grounds of American literary realism, one can see t hat her stories fulfill most of the propositions of realism. The characters in ‘Fools’ are life-like, and therefore the readers do not consider them as separate entities smacked with some supernatural powers. The proposed study aims to establish the fact that Joan Silber’s ‘Fools’ is an example of inherent realism through the depictions of ordinary characters, settings, themes and accents. A comparison of ‘Fools’ with Mark Twain’s,

Assignment 7(675) Essay Example | Topics and Well Written Essays - 750 words

Assignment 7(675) - Essay Example I suggest so because it is often healthier initially for an employee to evaluate and rectify himself based on what he believes he lacks, rather than giving an outright harsh list of complaints from students or supervisors like myself at the first stage. Therefore, my overall plan to help Mr. Smith is to get him to work on his self-assessment, followed by some feedback from students and fellow teachers, then formulating a plan to help overcome his shortcomings as an institutional performer. The central idea will be to identify and work on his strengths and weaknesses and to assess what more can be done to improve his performance. Step 1: Initiate self-assessment using instruments and inventories. For giving this process a push, I would arrange an informal meeting with Mr. Smith after school. In this meeting, I would outline with his help, the purpose of this activity and what we hope to achieve by the end of it. Next, I would hand over to him some documents which include his past appraisals and remarks of the principal, myself, the curriculum director and the students. These will give him an idea as to what to consider. Having prepared a list of skills and competencies required and expected of in our school from our teachers, I would ask Mr. Smith to assess the list and use it to perform his self-assessment. All the above inventory will act as a criteria for the self-assessment. Asking him to go home and work on the task handed to him, I would arrange a next meeting of a similar fashion with him after a few days. Before the completion of Mr. Smith’s task, I will need to gather some idea as to how well Mr. Smith is at his job by asking the students and his fellow colleagues. This can be done either on a one on one basis or by questionnaires handed out. This step will come in handy at a later stage. Step 2: Perception of self:Â   How accurate? An individual’s perception of oneself involves their knowledge of the

Memorandum International management associated Essay Example for Free

Memorandum International management associated Essay Businesses have crossed borders, and it has been growing rapidly in recent decades because of the liberalization of government policies, and technological expansion. To satisfy the global demand of customers, it requires strong managements skills, sensitivity to cultural issues, and intercultural competence. As the multinational corporations grows and improve the quality, and operate at international level, this is why managers should ask three critical questions, first why should I expand internationally? Second where should I expand? Finally, how to expand? Which will help to achieve successful strategic objectives. `In this memorandum the Board of Directors for ABC Complete Kitchens, Inc. concerns of the board of directors of the plant relative to international sales of products of for ABC Complete Kitchens, Inc will be examined. This memorandum analyzes the international management considerations associated with the plant. ABC Complete Kitchens, Inc is anticipating nearly twenty percent of the sales from the international and overseas market. Therefore, the board of directors has expressed their concerns about the management of  international aspects for the plant. Some issues have been identified in overseas management procedures, and considerations for the same are to be provided. This memorandum expresses the concerns for the same. The ABC, Inc needs to adopt international management strategies to sustain its competitive position in the market via adequate cultural, technical, political, and economic environment. Localization Concerns After knowing why to expand either to increase sales or to cut costs or for other reasons . The ABC, Inc, should decide which countries to enter first, which type of countries to chose, what criteria to follow to make these choices. The best suggestion for ABC, Inc is enter the countries with the largest potential customers for its products, however managers should also think about how likely they are going to success in particular foreign market, and how to measure not only the geographic distance, but language, cultural, administrative, and economic distances as well. Language Concerns Language affects the way of employees, customers and business partners communicate with each other. Based on the level of foreign language knowledgebasically the Englishin the countrys society, the ABC Inc. must carefully decide whether it can use English as a working and advertising language or if its management has to learn the countrys own language and build the strategy on that language (Kozenkow). Cultural Concerns The habits, behaviors and consumer preferences of every society are determined with Culture. While implementing a business strategy overseas, ABC Kitchen Inc, should consider all the cultural characteristics of the targeted society. When entering new country the t firm should ask if the customers want the same thing, or it will have to modify the product to fit their satisfactions. . Therefore, for increasing overseas sale, ABC Inc, must plan its overseas strategy keeping in mind of the culture of the country for which the strategy is being planned. Administrative and International Laws concerns The ABC kitchen, Inc, need to abide and respect the different regulations,  government policies, and legal systems, because countries vary widely on these dimensions, which require the firm to has a deep understanding on how to meet those regulations to avoid failure, even if the firm has the best products in the markets. Technical development concerns Differences among the technical development and facility of markets internationally or within the United States determine fundamentally the opportunities of production, sales and marketing of the operating businesses. Management can build your advertising and promotion strategy exclusively on the Internet if the majority of the national population or local community uses the Web as its primary source of information. Economic concerns An other important factor is economic concern which is the average of purchasing power customers in different countries, and how elastic this power is, therefore, it means how much demand for the product changes, as the price goes up and down, because this is a big deal for the firm to know who are used to buy products in the market, where every one is wealthy. In other hands, may people with low wage should be a target. Economic differences like these have a major influence on what type of products will be demanded. Supply Chain Management Supply chains are an integral part of global quality and cost management initiative, because a typical company’s supply chain cost can represent more than 50% of assets and more than 80% of revenues. (Ball, 2010), in other word, the ABC, Inc should reduce the inventory of chain supply to reduce the cost. In order to do that the Board of Directors of ABC Inc. has to expresses reconsiderations for management across business functions in supply chain management. Managing the flow of raw materials, supplies as well as finished products are equally important as the management of sales and marketing. Competition Another concern is the competition in overseas market. Local products tend to be cheaper than the internationally exported products due to various forms of taxes included in them. Therefore, how will be the completion met in the  overseas market and what the management plans to do with the taxes and prices in the overseas market, the board of directors should be interested in knowing these aspects. Finance and Accounting Another factor that the firm should take it on consideration is the accounting practices and standard changes across the national borders, it is an obstacle to merge subsidiary financial results with those at the parent company, this is why there is a growing movement toward convergence of accounting standards across countries (Ball, 2010). This convergence will help the financial management to be more integrating, because the statements will be comparable. ABC complete Kitchen Finance management is particularly a concern point, as overseas countries change in value in terms of each other based on currency exchange rates. How will the ABC Inc. comply with financial laws and regulations in the host country, the concern particularly addresses following questions to be answered: What management is doing to understand how fluctuations in currency value change international business transactions? What is the process for financial tools such as derivatives, hedges, payment timing, exposure netting, price adjustments, balance sheet neutralizing, and swaps, and how they affect business performance? When and how to pay exporters in forms other than money; buyers frequently prefer payment rendered in the form of goods or services (countertrade)? Human resource concern Board of directors of ABC complete Kitchen Inc. has expressed interest and concern about the strategies of management and have questioned that how will be the needs of the resources and workers will be met across different countries. Furthermore, what is the best way to meet the needs of these employees and also best utilize their skills and talents to keep the business functioning smoothly? (Business) Ethics and Society Concerns After the ABC kitchen,Inc established a business global plan for marketing, operations, and human resource management , should now establish an ethically and socially business plan among its international management considerations. â€Å"The purpose of the firm is not simply to make profit, but to create value for all of its stakeholders, business success is judged not simply by company’s financial, but by how well it serves broad social interests† (Laweren, 2008). In other words if ABC ,Inc want to successes internationally, it should adopt strategy that apply ethical values and the respect of people on its global environment and for different people that affect the company, from the stakeholder ,to the shareholders, employees, customers, and society. To achieve that the Broad Director of the firm should adopt a stakeholder theory that consists on: identifying the relevant stakeholders group, determining the stake of each group, determining how the expectation of each group are met, finally look for the stakeholder interests. By following these steps the firm will build a good relationship with the shareholder, moreover will build reputation and trust that will enhance its performance. Finally, f or the hiring process the ABC ,Inc should put values and ethics as requirement to hire new employees, because it will not just help the organization but the global market place. Conclusion In summary, getting global strategy wright can be very difficult, because it requires matching the wright reasons for going global with the wright places and the wright strategies. The ABC Complete kitchen, Inc should follow the steps suggested while managing significant differences between countries, and responding to the intense rivalry from both global and local competitors, however when the challenges are great, the ABC Inc should get it wright, to win in a really big way. References Ball,G. (2010). International business: The Challenge of global competition,12th Edition, New York, NY: the McGraw-Hill Companies Boundless.com. (n.d.). Considerations-when-managing-a-global-corporation. Retrieved from https://www.boundless.com/management/textbooks/boundless-management- textbook/globalization-and-business-14/managing-international-corporations- 107/considerations-when-managing-a-global-corporation-499-10752/. Business, R. f. (n.d.). International Management. Retrieved from http://www.referenceforbusiness.com/management/Gr-Int/International- Management.html. Kozenkow, J. (n.d.). International Management Challenges. Retrieved from http://smallbusiness.chron.com/international-management-challenges-56168.html. Lawerence,W. (2008). Business and Society: Stakeholders, Ethics, Public Policy, 12th Edition. New York, NY: The McGraw-Hill Companies. Sullivan, D. (2011). Business strategies for organizational effectiveness within the global Perspective. Pearson Education, NJ: Prentice hall.

The Iraq War and International Law

The Iraq War and International Law A critical analysis of the Iraq War of March 2003 This paper offers an insight into some of the politico-legal issues arising from the Iraq War of 2003 and the subsequent military occupation of Iraq by coalition forces led by the United States of America and the United Kingdom. The invasion of Iraq is assessed against the subsisting framework of public international law. It is hoped that a detailed, critical and generally objective appraisal is rendered throughout, although subjective angles are offered to present and support a personal view where such is deemed appropriate. Foreword The invasion of the oil-rich middle-eastern state of Iraq in 2003 was undertaken by the United States and the United Kingdom on March 20 of that year, with the tacit political and in some cases logistical backing of certain other states. Collectively these supportive states, amounting to fifty in total and including Spain, Australia, Italy, Turkey and Japan, were described as a â€Å"coalition of the willing†.[1] After approximately three weeks of concerted military operations, the rule of Saddam Hussein and the Baath Party under his dictatorial control was brought to an end and Iraq fell under the occupation of coalition forces. The fundamental legitimacy of the invasion was disputed since the outset and the question remains one of extreme controversy today. The often promulgated legal justification for the military campaign was that Iraq illegally possessed stockpiles of so-called Weapons of Mass Destruction, including chemical biological and possibly even nuclear weapons, in violation of the 2002 United Nations Security Council Resolution 1441.[2] In the run up to the invasion and throughout the campaign United Kingdom Prime Minister Tony Blair and United States President George W. Bush and their respective administrations repeatedly alleged that these putative weapons posed a serious and imminent threat to the West in general. Expert United Nations inspection teams had been searching Iraq for these alleged weapons prior to the invasion and nothing substantial had been found although there was a common suspicion, inter alios, in both the United States and the United Kingdom, that the Iraqi authorities, whi ch were often obstructive, were hiding something. The weapons inspectors were willing to continue their work, but were forced out when President Bush lost patience with Saddam Hussein by the onset of war. Scrupulous and unfettered investigations since Iraqs capitulation two and a half years ago have failed to unearth anything that could be described as a weapon of mass destruction.[3] Chapter 1:  The myths and realities of Public International Law in the context of the Iraq War of 2003 Public international law, sometimes unconvincingly referred to as the law of nations, may be defined as the system of law that regulates the activities of entities possessing international personality. In particular it is said to govern the relationship between independent sovereign states.[4] It is submitted that nation states derive their autonomy by means of inherent legitimacy or some other socio-political reality rather than through a decree granted by the international community. Exactly how is a political, constitutional and even philosophical matter which varies between countries and is largely beyond the ambit of this work. As things stand in 2005 there is no higher or global power. States may therefore choose to enter into international commitments voluntarily under the matrix that is referred to as international law, and sometimes they will accept legislative process outside their own consent. The fundamental problem with the concept of international law is that there is currently no global sovereign authority that enjoys universal recognition and therefore there is no supreme legal entity (such as a Parliament or Crown) to underpin and enforce a system of law. It follows that independent states tend to follow their own counsel and pursue their own national (and ultimately sovereign) agenda, when it comes to the interpretation of their commitments under international law. Scholars, commentators and political leaders alike have contended that international law has evolved to a point where it exists separately from the mere consent of states, but it is submitted that we are still very far from the crystallisation of that process. There is a trend toward judging the domestic actions of a state in light of international ‘law’ and ‘standards’ but the consistent lack of consensus, forceful capacity and machiavellian disabilities of the so-called United Nations even in fields such as the environment, disease and poverty of common interest to the entirety of the world population amply testifies to this conclusion. Many states, notably including the hugely significant and influential United States, vigorously oppose the idea of the supremacy of international law, maintaining that national sovereignty remains the dominant legal value. A number of commentators now point to the development of a legislative and judicial process in international law that parallels such systems within domestic law, but this is a nascent process, and far from true maturity. It is submitted that the status quo dictates that states only commit to international law with a pragmatic and self-serving view and that they retain the right to make their own interpretations of its meaning. Moreover, international courts only function with the consent of states and their rulings are often overlooked. In summary, international law in the early part of the twenty first century better resembles a â€Å"Pick and Mix† system more akin to a retail confectionery counter than a supreme, coherent and consistently reliable and enforceable legal superstructure. It is suggested that international law exists and is recognised only when each state wants it to be, when it suits their national agenda. There is no better example of the fluid and amorphous nature of international law than that under discussion in this paper. It was a new world order that gave rise to the 2003 Iraq War. In the context of the socio-political legacy of the horrific 9/11 attacks on American soil, which caused a seismic shift in global relations and received diplomatic wisdom, and what the Bush administration considered to be the relative success of the subsequent United States-led invasion of Afghanistan in 2001, it was deemed by American President that he had sufficient military justification and general support, certainly among middle American voters and hopefully overseas, for further armed operations against perceived threats in the Middle East. Iraq was unfinished business, and something that had given his father George Bush senior, a bloody nose when he held the Executive. It is submitted that the unanticipated survival of Saddam Hussein as leader of Iraq after his own father’s departure fr om office must have leant a strong and irksome personal angle to George Bush junior’s attitude and approach to the Iraq question. Given Saddam Hussein’s continued grip on power, relations between the leading members of the coalition and Iraq had not warmed since the nadir of the original 1991 conflict, which was provoked by the middle eastern state’s invasion of its southern neighbour Kuwait.[5] The nations had acquiesced in a state of bitter low-level conflict in the intervening years, characterised by British and American air-strikes, human shields, no-fly zones, an extensive sanctions regime, and other threats against the Iraqi state, which reacted with public belligerence. Iraqi air defences regularly engaged and fired upon coalition airplanes enforcing the longstanding northern and southern no-fly zones, which had been implemented after the 1991 Gulf conflict. All things considered, by 2003 the stage was set for a stern and high stakes test of the mettle of the framework of public international law and its application in the critically important arena of armed conflict and possible justifications for a military response to real and putative threat. It is submitted that what followed serves only to buttress and underline the opening comments in this paper namely that the phrase â€Å"public international law† may in harsh reality be a contradiction in terms. Chapter 2:  War in International Law, the general prohibition and primary exceptions The United Nations Charter[6] establishes a legal framework for the use of military force in international law. Almost all states are signatories to this Charter, including the United Kingdom, the United States and indeed Iraq. The Charter stresses that peace is the fundamental goal of the Charter, and that it is to be preserved wherever possible. The preamble emphasises a determination ‘to practice tolerance and live together in peace with one another as good neighbours’, ‘to unite our strength to maintain international peace and security’, and to guarantee ‘that armed force shall not be used, save in the common interest.’ Article 1 of the UN Charter establishes the United Nations’ objectives, the first of which is: â€Å"To maintain international peace and security; and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.† Article 31 of the 1969 Vienna Convention on the Law of Treaties,[7] provides that a treaty must be interpreted in accordance with its overarching purposes and objects, including its preamble. It is submitted that those provisions of the UN Charter which are relevant to this paper namely the prohibition on the use of force and its exceptions must therefore be interpreted in accordance with this fundamental sentiments. The Charter thereafter lays down two core principles: â€Å"2(3) All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 2(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the Purposes of the United Nations.† In Nicaragua v United States[8] the International Court of Justice described Article 2(4) as â€Å"a peremptory norm of international law, from which States cannot derogate†. The effect of Articles 2(3) and 2(4) is that resort to force can only be justified as expressly provided under the Charter, and only in situations where it is consistent with the goals of the United Nations. The UN Charter permits the use of military force in the situations set out in Chapter VII. Article 42 provides that, if peaceful means have not succeeded in deriving conformity with Security Council decisions, it: â€Å"may take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security.† In practice this means that states require a breach of a relevant Security Council resolution in order to use military force against another State,[9] and such action can only be justified where any and all peaceful means available for resolving the dispute have been exploited to the full. It is submitted that where breach of such a resolution has occurred, states do not enjoy a unilateral right under Article 42 to use force to obtain conformity or to penalise the defaulting state: the question as to what action should be taken remains a matter for the Security Council. The above is subject to the provisions of Article 51 of the Charter, which reserves states’ rights to self-defence. A state does not require a Security Council resolution in order to defend itself with the use of military force, but it should be noted that even this right is subject to action by the Security Council. Article 51 stipulates: â€Å"Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if [emphasis added] an armed attack occurs against a member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by members in the exercise of this right of self defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.† In line with normal principles of interpretation, exceptions to the fundamental principle of the prohibition on the use of force, Articles 42 and 51 must be interpreted restrictively and narrowly on the facts of the particular case. Therefore, under the UN Charter there are only two situations in which one state can legally resort to force against another: (1) In individual or collective self-defence (in this regard Article 51 of the Charter enshrines a right provided by customary international law.) (2) Pursuant to a relevant United Nations Security Council resolution. As for the question of self defence, it is clear that the United Kingdom has not been the subject of any direct attack which could be linked with Iraq. Therefore it is submitted that it is clear that the right of self-defence responsive to a military or even terrorist attack does not arise for consideration. Accordingly, the only possible justification is as an anticipatory species of self-defence presumably in contemplation of some real and imminent future threat. Regrettably, Article 51 of the Charter is silent as to whether ‘self-defence’ includes the kind of pre-emptive strike opted for by the United States and the United Kingdom in 2003. Internationally renowned commentators have taken different tacks on this question. Oppenheim concludes that while anticipatory action in self-defence is typically illegal, it will not necessarily be unlawful in all circumstances.[10] It is argued that the matter depends on the particular facts of the situation including especially the gravity of the threat and the extent to which pre-emptive action is avoidable, and any other options to circumnavigate or mitigate the risk of attack. In fact, it is submitted that the twin requirements of proportionality and necessity are even more important in relation to anticipatory or proactive self-defence than they are in reactive circumstances. On the other hand Detter endorses a more straightforward analysis rendering the practice plainly unlawful. In The Law of War he argues that it should be conceded that pre-emptive force is covered the prohibition of force in Article 2(4) of the UN Charter and that this derives a simple presumption that suc h action is illegal.[11] In unequivocal terms he concludes that: ‘the mere threat of attack thus does not warrant a military response.’[12] Chapter 3:  A Critical Evaluation of the Legality of the 2003 Invasion of Iraq and United States and United Kingdom justifications for the military campaign George Bush junior’s administration made no secret of the fact that removing Saddam Hussein from power was a primary goal throughout 2002. It did offer to accept major concessions in Iraqi military and foreign policy in lieu of this, but it is submitted that this would have resulted in what may have been calculated to be an untenable loss of face for Hussein which would thus have presented him with an unacceptable option, while maintaining ostensible negotiations to the world at large. Reportedly, on 9/11 itself, in the immediate aftermath of the strikes President Bush enquired as to whether there were any likely links between the terrorists and the Iraqi dictatorship. When told that none were obvious, President Bush responded by saying â€Å"Well, find them.†[13] As stated, the emphasised justification for the invasion focused on Iraqi production and use of weapons of mass destruction (hereafter â€Å"WMD†), but suspected links with terrorist organizations provi ded the underlying impetus for popular support, particularly in middle-America where attitudes are insular and introspective and the most generous appraisal would find that general knowledge on world affairs is limited to say the least.[14] Little if any convincing evidence was presented and has since been accumulated actually linking the government of Iraq to Al-Qaeda.[15] That said, the incidence of grotesque human rights violations in Iraq, including state-sponsored torture and mass murder organised under Saddam Hussein leadership, was also cited as a justification for the campaign.[16] It is notable however, that it has been suggested that only the WMD ground would have presented a legally defensible ground for military intervention under the auspices of international law, given the claimed breach of Security Council Resolution 1441.[17] The apparent absence of WMDs in Iraq is problematic to say the least in terms of the putative international and national legality of the 2003 c ampaign. In summary, Secretary of Defence Donald Rumsfeld claimed that the stated goals for the invasion of Iraq were as follows: Self-defence To find and destroy weapons of mass destruction, weapons programs, and any terrorists sheltering under the regime; To gather intelligence on networks of weapons of mass destruction and terrorist groups. Humanitarian To bring to an end sanctions and to provide humanitarian support (Secretary of State Madeline Albright claimed that 500,000 Iraqi children had died because of sanctions.) United Nations Security Council (UNSC) Resolution Resolution 1205, made in 1999. Regime Change To terminate the administration of Saddam Hussein; To facilitate Iraqs transition to democratic self-rule Other To secure Iraqs oil fields and other resources[18] Certain members of the Republican camp had even higher hopes for the war. The Bush administration claimed that the war could serve generally as a catalyst to facilitate democracy and peace in the Middle East, on the assumption that once Iraq became democratic and secured new influence, friends and prosperity there would be pressure and incentives for other states in the region to pursue the same route (presumably due to the so-called demonstration effect), and that the socio-political environment that previously had nurtured terrorism would be destroyed. Hamzeh defines the term demonstration effect as â€Å"a revolutionary event in one place [that] may act as a catalyst for a revolutionary process in another place at approximately the same point in time.†[19] That said, it is submitted that for diplomatic and bureaucratic reasons these goals were de-emphasised to allow stress to be put on justifications based on the allegation that Iraq represented a specific threat to the Uni ted States and to upholding the rule of international law. There is of course a popularly held counter point of view which argues that the reasons promulgated to justify pre-emptive war were either inadequate, specious or just plain falsehoods. A summary of critical opinions as to the true motivations that provoked the 2003 military campaign features below: The Oil Issue To seize control of Iraqs hydrocarbon deposits and in so doing preserve the United States’ dollar as the monopoly currency for the hugely important international oil market (Iraq had been using the Euro as its oil export currency since 2001); to reduce the price of oil for the high-consumption American market; To assure that American interests would be primary beneficiaries of Iraqi oil; To guarantee that the United States exercised military control over the middle easts hydrocarbon reserves, and thus secure a lever to control other countries depending on that market for supplies. Military and Construction Interests To divert vast amounts of money to the American defence and construction industries as a consequence of the campaign and subsequent occupation. Public Popularity and Executive Re-election (Falklands Factor) To buttress and enhance the ‘crisis’ popularity enjoyed by the President as a result of his stern response to the 9/11 attacks, and moreover to distract attention and dilute critical comment on other domestic political issues where President Bush was palpably vulnerable politically (In this regard it should be noted that George Bush junior’s father saw his own wartime popularity quickly eroded when the electorate began to focus on the economy in the aftermath of the 1991 conflict. It is submitted that this cannot have gone unnoticed in the political think-tanks of Washington DC, or indeed by Prime Minister Tony Blair’s advisors in London, where reference is so often made to the so-called Falklands Factor which boosted Margaret Thatcher’s ailing popularity and secured her re-election and subsequent political dominance in the 1980s.) Revenge and Ideology To obtain retribution. It is said that revenge is a dish best served cold and for over a decade George W. Bush junior had waited to seize revenge against Saddam Hussein for the humiliation of the dictators survival after the first Gulf conflict and for allegedly attempting to have his father, President George H. W. Bush, assassinated during a 1993 visit to Kuwait. It may also have been a temptation to secure closure for other members of the United States’ Administration, including the influential Richard Cheney, who was both infuriated and humiliated by the continuation of the Hussein dictatorship after the 1991 American action.[20] To pursue the fundamental strategic goal of unquestionable American geopolitical pre-eminence as promulgated, inter alios, by the Project for a New American Century.[21] Under pressure from its vociferous critics, in April 2005 the United Kingdom government published the full text of the advice provided by the Attorney General Lord Goldsmith on 7 March 2003 on the legality of the war.[22] In his advice, the Attorney General evaluated the various arguments on whether military action against Iraq would be legal without another specific United Nations Resolution. Lord Goldsmith was equivocal on many points but he firmly concluded that regime change was not a lawful goal of military action, indeed, he expressly stated that invasion for the purpose of usurping Saddam Hussein was an illegal endeavour.[23] A document that has come to be known as the Downing Street Memo, which details the minutes of a United Kingdom government cabinet meeting on 26 July 2002, was leaked to newspaper The Times on 1 May 2005.[24] The document corroborated the Attorney General’s advice, and restated Lord Goldsmith’s opinion that the desire for regime change was not a legal ground for military action under international law. The memo stated were three possible legal routes: self-defence, humanitarian intervention, or United Nations Security Council authorisation. It was found that the first and second grounds could not be the justifications in this case, and that reliance on United Nations Security Council Resolution 1205, which was, at the relevant time, some three years old, would be a tenuous and pregnable stance. The weakness of the argument is exacerbated by recognition of the fact that the cabinet were not discussing a new trade pact or esoteric diplomatic relations, but the single most important decision that a government can take, namely a pre-emptive war. The Downing Street Memo further stated that President Bush wished to remove Saddam, by applying military force, justified by the co-existence of sheltered terrorist factions and WMD. However, it is submitted that the intelligence was being posited around the policy. It was also found that the majority view of the UNSC was not satisfied with the general UN route, and that it harboured no enthusiasm for promulgating additional information on the record of the Iraqi regime. The Memo also indicated that there was little discussion in Washington of the consequences of military action or of the impact of the aftermath on the state of Iraq. It is submitted that it must have been quite apparent that the US President had already decided to resort military action, even if the timing of that action was still to be finalised. However, at this point the case for invasion remained flimsy.[25] Saddam was not posing any realistic threat to his neighbours, nor even posturing to do so. As the Memo sug gested, even in the worst alleged case scenario (which has thus far proved to be wrong) his WMD capability fell substantially short of that of Iran, Libya and North Korea. Four days after the leak in London, in a move initiated by John Conyers, a ranking member of the House Judiciary Committee, the US Congress formally requested the President to answer a series of penetrating questions relating to the Downing Street Memo, including whether he or anyone in his administration disputes its accuracy.[26] The Bush Administration has to date failed to answer those questions. Exhibiting similar reticence, on 22 May 2005, the United Kingdom government refused a plaintive request for an investigation into the legality of the war from the families of soldiers that had lost their lives in Iraq. These bereaved families have now sought a judicial review of that decision. Treasury solicitors were responsible for refusing the request, which they did after Tony Blair had made his own view that a review was unnecessary patently clear. In a Channel 4 News interview he stated: â€Å"We have had inquiry after inquiry, we do not need to go back over this again and again.†[27] Seeking to justify their decision, the Treasury Solicitors claimed there were at least five principle reasons to deny the request of the families. These were as follows: The European Court of Human Rights has already clarified that decisions on military action abroad are not reviewable under the European Convention of Human Rights (hereafter â€Å"ECHR†). None of the fatalities occurred within the jurisdiction of the UK as defined by Article 1 of the ECHR. The ultimate decision to pursue military action in Iraq was not the â€Å"immediate and direct operative cause of the deaths of the proposed claimants’ relatives†. There was no â€Å"specific and individualised risk of harm† to those who lost their lives, such that could be distinguished from any other members of the United Kingdom armed forces. Dispatching armed forces to Iraq as part of an organised military force fully equipped and capable of defending itself could not be considered on the same footing as sending a helpless individual victim overseas to confront the risk of torture or death. The claimants would have to invoke the Human Rights Act in raising an action before the domestic courts, but that Act is not applicable in any relevant sense to any territory beyond the frontiers of the United Kingdom. The Treasury Solicitors also contended that the fraught question of the legality of the invasion of Iraq was irrelevant to whether there had been any breach of Article 2 of the ECHR.[28] The legal position in the United States was also both tenuous and pregnable. In conformity with the well known system of checks and balances protected and maintained by the United States Constitution the authority to declare war is granted exclusively to Congress, and there is no provision in the Constitution for its delegation, although it is true that under the provisions of the US War Powers Act of 1973[29] the President can send troops to a country without the consent of Congress for a period not exceeding 90 days. George Bush, therefore, did not have personal authority to declare war. On October 3, of 2002, US Representative and Congressman Ron Paul submitted a proposed declaration to the House International Relations Committee which stated that a state of war was declared to exist between the United States and (with a careful choice of words) the government of Iraq. He said: America has a sovereign right to defend itself, and we don’t need UN permission or approval to act in the interests of American national security. The decision to go to war should be made by the U.S. Congress alone. Congress should give the President full war-making authority, rather than binding him with resolutions designed to please our UN detractors.[30] However, this proposal was rejected. Although this would seem to the casual observer a damning outcome, the President was undeterred. To overcome this obvious setback, drawing on several factors, including unresolved matters still persisting from the 1991 Gulf War, George Bush junior’s administration forcefully claimed the intrinsic authority to engage Iraq militarily, and Congress was manoeuvred into circumnavigating fundamental ‘technicalities’ in transferring what were in substance its war powers to the President.[31] It is submitted that this policy in itself left the American action on shaky legal foundations to say the least.[32] On this tentative analysis, the invasion and military occupation of Iraq, while to all intents and purposes a war per se, may therefore be considered a police action initiated by the Executive, in similar fashion to the Korean War and, notably perhaps, the ill-fated Vietnam War before it. The United Nations: Competing perspectives on the applicable resolutions

War In The Falklands :: essays research papers

War in the Falklands Fact: April 2, 1982, Argentina invaded the Falkland Islands At 4:30 A.M., helicopters had started to land on Mullet Creek; they were the first of the many invaders from Argentina. At 6:08 A.M., an attack was at full fledge. The Argentina government had claimed that they told their men it was to be a bloodless fight, but that was not the case. Argentineans busted down barrack doors and began to throw powerful grenades into the barracks and killing many unsuspecting men. Fact: February 26, 1982, The war could have been prevented On February 1982, there was supposed to be a meeting where the British government would hold a meeting with the Argentinean government to talk about preventing the war. This was a two-day event in New York, the first day the Argentineans were to host the meeting, but there was a glitch in planning, and the dates were to be changed. The leaders were under so much pressure, that some said they were going to breakdown. What basically happened at the meeting, was that both sides could not come to agreement. This resulted in a war.   Ã‚  Ã‚  Ã‚  Ã‚  Nobody really knew who owned the Falkland Islands. Some thought Spain, Argentina thought they owned it, and Britain thought they owned it. No agreements could be made. Fact: The war of the Falklands was a perfect opportunity to unleash state of the art weapons on the opponents. Later, after the first invasions, some messages went out over the radios. The first ones told people of a small invasion, then they began broadcasting from live sights, complete with gun fire in the background.   Ã‚  Ã‚  Ã‚  Ã‚  There were a lot of battles that went on between the British and the Argentineans. The British won some, and the Argentineans won others. They were all fighting for the Falklands. These were a group of small islands that were all bunched up. You could not use the islands for much, seeing as that they were craggy mountains. That would not make for very productive farm land, but there were a lot of mountain lions and goats.   Ã‚  Ã‚  Ã‚  Ã‚  After the many battles, many deaths and many tests on weapons, the British had won the War in the Falklands. This war was won both in military action, and in speech. Most say to end violence in verbal communication, but verbal communication was a giant factor in the beginning of this war. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  This book had a couple aspects of history, it had facts, told the reader how the British government thought, and even had some of the British speech in it. I learned how the Falklands were fought over, in the sense of military

Plot Summary of This Other Eden by Ben Elton :: essays research papers

The story begins with a view into what life is going to be like in the next century for the people of Earth. The first image described is of a rat eating away at a man's rotting leg, as he lies in mountains upon mountains of garbage. The man then decides that he is going to have to cut off his leg in order to save himself. This however, is not the world in which the characters of the book live, this is a world created by Nathan Hoddy, an English screen-writer whose job it is to market the end of the world.... The story in set sometime in the future, it does not say exactly when, but gives the impression that it is in the not-too-distant future. The world is much different and technically more advanced, with people (especially those in the USA) frequently undergoing plastic surgery to make themselves look as beautiful and young as they desire. People play with virtual reality helmets in their spare time, and aeroplanes leave the Earth's atmosphere, wait for the earth to rotate, and land where they desire. Britain is the dumping ground for the entire world's waste. There is no place on Earth where people can go outside for any extended period of time, without exposing themselves to millions of harmful rays. The story is set in many countries around the world, it changes between England, the USA, Ireland, and other various parts of Europe. Plastic Tolstoy is probably the main character in this book. Plastic is head of 80% of all the world's media and also runs the claustrosphere company. He has achieved this position of power through convincing the world that marketing is all that matters and that, beforehand, there were too many programmes breaking up the adverts. Plastic Tolstoy is the creator of â€Å"advertainment†, an extra long advert whose aim it is to capture people’s attention whilst also selling them things. Plastic is incredibly powerful and lets everyone he can know about it. He is rude to anyone and everyone, and is good at it. He talks to people constantly in a completely sarcastic and patronising way, probably as a way of letting them know that he is the one in the position of power. For example, when Nathan Hoddy is pitching his idea to him, he returns every idea told to him with a bitterly sarcastic and aggressive reply. "Do I think, perhaps? Plot Summary of This Other Eden by Ben Elton :: essays research papers The story begins with a view into what life is going to be like in the next century for the people of Earth. The first image described is of a rat eating away at a man's rotting leg, as he lies in mountains upon mountains of garbage. The man then decides that he is going to have to cut off his leg in order to save himself. This however, is not the world in which the characters of the book live, this is a world created by Nathan Hoddy, an English screen-writer whose job it is to market the end of the world.... The story in set sometime in the future, it does not say exactly when, but gives the impression that it is in the not-too-distant future. The world is much different and technically more advanced, with people (especially those in the USA) frequently undergoing plastic surgery to make themselves look as beautiful and young as they desire. People play with virtual reality helmets in their spare time, and aeroplanes leave the Earth's atmosphere, wait for the earth to rotate, and land where they desire. Britain is the dumping ground for the entire world's waste. There is no place on Earth where people can go outside for any extended period of time, without exposing themselves to millions of harmful rays. The story is set in many countries around the world, it changes between England, the USA, Ireland, and other various parts of Europe. Plastic Tolstoy is probably the main character in this book. Plastic is head of 80% of all the world's media and also runs the claustrosphere company. He has achieved this position of power through convincing the world that marketing is all that matters and that, beforehand, there were too many programmes breaking up the adverts. Plastic Tolstoy is the creator of â€Å"advertainment†, an extra long advert whose aim it is to capture people’s attention whilst also selling them things. Plastic is incredibly powerful and lets everyone he can know about it. He is rude to anyone and everyone, and is good at it. He talks to people constantly in a completely sarcastic and patronising way, probably as a way of letting them know that he is the one in the position of power. For example, when Nathan Hoddy is pitching his idea to him, he returns every idea told to him with a bitterly sarcastic and aggressive reply. "Do I think, perhaps?

Faulkner Changed My Life :: Personal Narrative Essay Example

Thanks to Faulkner, to the very thought of him, between thirteen and fourteen I began to feel unassailable I spite of everything. I wasn't, of course, but I felt that way, enough to get on with my writing and to mop up like high-calorie gravy such praise from teachers as came my way. Â   If you fix one eye on Faulkner and the other on Melville, and you remember some of what Keats said about negative capability, you can just about manage to commit the delectable autonomy known as writing for its own sake - for the glory, the rebirth, the illusion of doing what nobody has ever done before. There's nothing more unassailable than that, even as things fall apart around you and you see the fruit-flies ascending to power without composing so much as a paragraph. Vary the image a bit, amassing the bestiary of the foul, and you can add Zola's toad of disgust, which he said you have the swallow every morning before getting on with the work. Swallow it, note the hegemony of the fruitflies, and indeed the demise of yet another nobel unicorn gone to roost in Paris or now plying trade on Wall Street, and you then become clear enough to write for the next few hours as if the world were waiting for your sun to rise and would do nothing serious without you. That's the feeling, the pu mped-up, inspired elation that lofts you---me-from essay to essay. Â   My admission includes the fact that, apart from admiring his expertise at caricatural opera, I never took much interest in Yoknapatawpha, the fantastic name apart only slightly below Brobdingnag. They might have been pinball salesmen in Ethiopia for all I cared. What bowled me over was WR's noise, that humming and thrumming you heard in the distance even as you opened just about any novel of his except the first two. It was a deliberate obfuscation of meaning yet done with meanings, using meaning to obliterate some other meaning, and the message, if such, was something choral and echoic with in its intimate hinterland just about everything else of his you'd read. He wasn't creative-writing, he was doing solo recitative, singing to himself all the while, wso that while you have Gavin Stevens in focus, one work of gab to eight hundred of deviant penumbral gesture, some of the

Final Exam Study Guide Fall Semester 2012 Essay

Why is it said that the U.S. has a dual court system? There is a federal judicial system and 50 state court systems. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. What is the meaning of the doctrine of â€Å"presumption of validity?† Courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign into law measures which violate the constitution. What is the meaning of the term â€Å"stare decisis?†? Legal term meaning let the decision stand. Establishes precedents stand unless overruled. Judges may overrule if they have compelling reasons to establish new precedents. What is the difference between a misdemeanor and a felony? An anti-social conduct that is relatively minor is called a misdemeanor. A felony is a disorderly conduct that is more severe. What happens in the event of a conflict between a state law and a Federal law or a state law and a U.S. treaty? Federal law overrides state law any day. What is meant by â€Å"judicial activism?† Interpretation of the constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decision. â€Å"Judicial self-restraint?† a self-imposed limitation on judicial decision making How are Federal judges chosen? Federal judges are nominated by the president and voted on by the senate. What is the term of a Federal judge? Term ends when justice dies. Why has the U.S. Senate Judiciary Committee come under fire for the manner in which it â€Å"screens† appointees to the U.S. Supreme Court? Justices are declined if they politically go against the senate. Why did the committee reject Judge Robert Bork as a Supreme Court justice? He did not politically agree with the democratic run senate. What does it mean that Senators Joe Biden, Ted Kennedy and Howard Metzenbaum â€Å"borked† a Supreme Court nominee? They voted against a justice because of their political party. What was the nature of the political uproar over the nomination of Clarence Thomas to be a Supreme Court justice? He was accused of sexual assault. Who is Anita Hill? A law professor who accused Clarence Thomas of sexual assault. What are the provisions of Article III of the U.S. Constitution regarding the Federal judiciary? It establishes the judicial branch of the federal government. It establishes jurisdiction between the courts based on subject matter or the nature of the parties. It declares that the power of judicial power of the United States shall be vested in one supreme court. There is no specific provision anywhere in article III giving Federal courts the power of judicial review. What was the importance of Marbury v. Madison? The case that established judicial review. What is judicial review? Review by the Supreme Court of the constitutional validity of a legislative act. What, if anything, can be done to overturn a U.S. Supreme Court decision? Nothing can be done unless it involves amending the constitution, or if the court rules on something that contradicts a previous ruling. Who controls the Supreme Court’s docket? The supreme court itself does. What is the â€Å"rule of four?† The supreme court only hears cases if it grants a writ of certiorari. Where consent of four justices are given. What is a writ of certiorari? A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case. What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast majority of cases appealed from the district courts. What are U.S. District Courts? General trial courts of the united states federal court system that hears both civil and criminal cases. When would a Federal District Court have jurisdiction in a case? If a case involved crimes against the united states, suits under national laws involving use of the mails, patent, copyright, trademark and other such technical matters and civil rights laws. What is the difference between a â€Å"petit† and a â€Å"grand† jury? Petit juries have 12 members who decide, based on evidence, if the defendant is guilty or not guilty. Grand juries indict people. Its functions is to decide if the government has a case or not. How are they chosen? Through a jury pool from those serving jury duty. What are their respective functions? To decide if the government has a case, and to decide if the defendant is guilty or not guilty. Also if a person has won or lost a lawsuit. How do cases reach the U.S. Supreme Court? Through appellate and original jurisdiction. Mostly from appeals though sent from the court of appeals. Under what limited circumstances may the U.S. Supreme Court exercise original jurisdiction? When it accepts a suit if it feels a compelling reason to do so. Who determines the appellate jurisdiction of the U.S. Supreme Court? What are some of the political and ideological considerations involved in U.S. Supreme Court appointments? Generally their party affiliation and how they interpret the constitution. Does race, gender, religion, ethnicity matter in a President’s nomination of a Supreme Court justice? Yes. Who are the present nine justices of the U.S. Supreme Court? What are their backgrounds? John G. Roberts Jr., Antonin Scalia, Anthony M. Kennedy, Clearance Thomas, Ruth Bader Ginsburg, Steven G. Breyer, Samuel Anthony Alito Jr., Sonia Sotomayor, and Elena Kagan. RELIGION Why did the authors of the Bill of Rights put religious freedom first in the First Amendment? It is more of an article of peace. It was mainly to remove religion from politics. What are the â€Å"wall of separation† and â€Å"accommodationist† positions on the Establishment Clause? Wall of separation believes that church and state should be entirely separated. No affiliation between the two. Accommodationists believe that no religion should be favored, but all should be accommodated. Why have Americans had fewer problems with the â€Å"Free Exercise† Clause than with the â€Å"Establishment† Clause? Free Exercise clauses are only in effect if the religions practices don’t get in the way of any laws. Establishment clauses include clauses that excuse kids from school to go to church, this was very controversial because atheist children were left out. Much more controversy in establishment clauses. What are some of the issues raised by groups like the Amish (Wisconsin v. Yoder), Jehovah’s Witnesses and other religious minorities regarding interpretation of the â€Å"Free Exercise† Clause? These allowed laws to be bent for people of certain religions. Wisconsin v. Yoder allows Amish children to be excused from school at 8th grade vs. the age 16. Jehovah’s Witnesses are allowed to be exempt from the draft due to their pacifism. Why did the U.S. Supreme Court rule against prayer in the public schools in the New York Regents prayer case (Engel v. Vitale, 1962)? It was said that New York could not write prayers. It is unconstitutional to do so. What was the nature of Madalyn Murray’s objections to the Maryland school prayer/Bible readings law? Her son was left out. Also she was athiest and she viewed the bible as merely a storybook. Why did the Schempp family object to the Pennsylvania law? They felt it was in direct violation of the establishment clause in the first amendment, also it theologically went against the Schempp’s Unitarian views. What did the Supreme Court rule in the companion Murray-Schempp decision of 1963? It ruled 8-1 striking down both the Pennsylvania and Maryland laws requiring prayer. Under what circumstances may students have prayer at their high school graduation ceremonies? As long as it’s student-led and is non-sectarian. May students form prayer and Bible study groups and use public school facilities for their meetings? Yes. What was the Equal Access Act of 1984? It required public secondary schools to allow religious groups to meet on school property if other groups exist. Even if one group is allowed to use the facilities, the school becomes a limited open forum where all groups can use the facilities. What did the Court rule when it was challenged in the 1990 Mergens case? 8-1 upholding the law. May public college officials deny use of campus facilities to religious groups for Bible study and prayer meetings? No, it is discriminatory. One of the most controversial areas is that of â€Å"parochiaid,† or state aid of various types to parochial schools. What three-part test did the Supreme Court devise in Lemon v. Kurtzman? It was called the Lemon Test where there must be a secular purpose rather than a religious purpose, the law cannot advance or inhibit religion, and government cannot be entangled in it. What was the fate of the law, challenged in Lemon, authorizing partial payment (secular subjects only) of teachers’ salaries in parochial schools? It was stricken down. May state and local school districts finance bus rides for children attending non-public schools (Everson v. Board of Education of Ewing Township, NJ, 1947)? Yes. What is the â€Å"child benefit theory?† The law aids the school child rather than a particular religious group. What did the Court rule in June, 2002, in the landmark Cleveland, Ohio, School Voucher Reform Case, Zelman v. Simmons-Harris? It held that 5-4 that Cleveland program did not offend the establishment clause. Can public school students, on parental request, be released from class to attend religion classes, conducted on public school property, during the school day, where the program is supervised by public school administrators (McCullom v. Champaign, Ill., Board of Education)? No, it is not viewed to be abiding by separation of church and state laws. Can students, on parental request, be dismissed from classes to attend churches or synagogues, as part of a program of religious education in public schools (Zorach v. Clauson)? Yes. Under what circumstances are courts likely to uphold or declare unconstitutional nativity displays on public property at Christmas time? Whether or not other religious symbols are there to balance it, also secular symbols like Rudolph the Red-Nosed Reindeer. What did the Supreme Court rule in Donnelly v. Lynch? It upheld the nativity scene on the basis that both religious and secular symbols. County of Allegheny, Pa. v. ACLU? The court concluded that the nativity scene with the words â€Å"glory in the highest† was promoting Christian religion, but the menorah was okay. In the area of free exercise of religion, can children of Jehovah’s Witnesses be expelled from public schools for refusal to salute the American flag? Yes. Why do the Witnesses object to flag salutes or standing for the national anthem? They believe it violates one of the 10 commandments. What did our highest court rule in Minersville, Pa., School District v. Gobitis? 8-1 stating that one could not refuse to pledge allegiance to the flag. West Virginia State Board of Education v. Barnette? The court reversed itself, saying it was okay to excuse one’s self from saluting the flag or standing at the national anthem due to religious beliefs. How did the Supreme Court broaden the rights of conscientious objectors during the Vietnam War? It allowed any passifists who were against not only one war, but all wars to be exempt from the draft rather than just religious passifists. What did the Court rule in the Seeger, Welsh and Gillette cases? Seeger ruled that a belief in a traditional God or religion was unnecessary in order to be exempt. Welsh held that humanistic conviction was equivalent to religion. In Gillette held that one must be opposed to all wars in order to be exempt. What did the Court hold in the Mormon polygamy case (Reynolds v. U.S.)? They ruled against it. Polygamy is illegal in Utah. Why did the Roberts Court grant a religious exemption from some civil rights laws in Hossana-Tabor v. E.E.O.C. (2012)? The separation between church and state allows this. EXPRESSION (SPEECH AND PRESS) There are a number of theories about how the First Amendment’s free speech and press guarantees ought to be interpreted. What is the â€Å"absolutist view,† held by the American Civil Liberties Union (ACLU) and the late Justices Hugo Black and William O. Douglas? They rejected line-drawing, what the law says goes in a literal sense. â€Å"when it says no law, it means no law. The â€Å"two-tier theory,† associated with the late political philosopher Alexander Meiklejohn? The press may say anything about the government. The â€Å"line-drawing† position, held by most judges? Establishing a number of standards to guide them between permissible and impermissible forms of free expression. What is meant by the â€Å"preferred freedoms† concept? First amendment freedoms should be given potential treatment by the court because they are essential in a democratic society. What is â€Å"commercial speech?† Speech done on behalf of an individual or a co mpany in order to produce a profit. Why did John Stuart Mill oppose censorship in his classic work, On Liberty? John Stuart Mill believes that the majority should not always influence the minority because if the majority is wrong, then the truth goes unheard, but if the majority is right, then the minority doesn’t understand why they are wrong. What is the argument against the suppression of ideas that we find not only unpopular, but even hateful? All ideas must be allowed, even if those ideas are sexist, racist, or angering. If, as judges say, the line must be drawn somewhere and free expression is not an absolute value, then what guidelines have they used to draw that line? Anything can be said, even violent things, as long as there is no evidence of intention to commit lawless acts. The right to swing your arms ends right as my nose begins. What is the â€Å"clear and present danger doctrine† (Schenck v. U.S.)? Enacted during WWI which created the Espionage act, where nobody could say anything that interfered with allied war efforts like encouraging young men to dodge the draft, or any other armed forces recruiting. The â€Å"evil tendency test† (Gitlow v. New York )? The government does not protect the expression which created a tendency toward illegal actions. The â€Å"clear and probable danger test† (Dennis v. U.S.)? The law prohibited the advocacy to overthrow the U.S. government and the conspiracy as well. What did the Supreme Court rule in the Smith Act cases of the 1950s? it is illegal to violently overthrow a government. 70 communists were convicted after this was established. What was the significance of Yates v. U.S.? Mere theoretical advocacy to overthrow the U.S. government by force and violence was a judicially protected right. What is the difference between liberty and license? Liberty means freedom under law ( the right to do something as long as nobody is hurt.) License is an abuse of liberty( such as libelous publication or slanderous speech). What is meant by the doctrine of â€Å"no prior restraint† on publication? A doctrine that states that published material does not have to be pre-screened in order to be published and viewed by the public. What was the significance of Near v. Minnesota? The court ruled that the press gag law was unconstitutional due to the fact that it restricts freedom of the press. New York Times-Washington Post v. U.S.? These newspapers published pentagon papers that were a study of the U.S. decision making in the Vietnam War. It embarrassed the President and the government. This resulted in the lifting of the district court’s restraining order on the press due to the failure to prove that publication of the documents jeopardized national security. How and when can First Amendment values collide with those of the Sixth Amendment? The right of the defendant in a criminal case to a fair trial by an impartial jury of his or her peers. Sometimes, judges have concluded, the press has cond ucted trial by newspaper. What are restrictive orders, called â€Å"gag orders† by the media? The court’s force of the media to withhold certain information from being published for varying circumstances that may hinder a current court case or could cause damage to someone’s (possibly the government’s) reputation What steps can trial judges take to protect the rights of the accused? Through â€Å"right to reply laws†, closing court rooms to the media, and implementing gag orders on certain subjects. Do reporters enjoy a â€Å"privileged† relationship with their sources? The supreme court says no, but there are shield laws that allows reporters to withhold certain information. What is the meaning of the phrase â€Å"burning the source?† Giving up the identity of a journalist’s source so that person can be questioned in court. Can reporters be held in contempt of court and jailed for refusal to turn over notes, tapes, or to offer testimony when so ordered (Branzburg v. Hayes)? Yes What, in theory, is the problem with â€Å"shield laws?† Some believe that it is a mistake to let the government grant immunity, this implies that the state can also withdrawal it. Can judges close their courtrooms to the press and public during preliminary proceedings (Gannett v. DePasquale)? Yes. Can judges close down a trial itself, excluding media and public (Richmond Newspapers v. Virginia)? No, the right to attend criminal trials is implicit in the grantee of the first amendment. Do television cameras in the courtroom prevent the defendant from receiving a fair trial? Sometimes, in the pre-trial stage, the jury is permeated with information about the case that will not allow a fair trial. What did the Supreme Court rule in Estes v. Texas and Chandler v. Florida? The overturning of the swindling conviction of petitioner Billy Sol Estes, holding that his 14th Amendment due process rights were violated by the publicity associated with the pretrial hearing. For Chandler v. Florida Canon cameras and electronic media are permitted in the judicial proceedings subject to the control of the presiding judge. When are TV cameras permitted in the courtroom today? Always, but it can be taken away by the presiding judge’s accord. What is the situation with respect to Federal courts? Cameras are not allowed in federal courts. Do political candidates have the â€Å"right to reply† to editorial attacks by the media? Yes. What happened to the Florida law giving them such a right when it was challenged in Miami Herald v. Tornillo? It was immediately stricken down because a newspaper involves a â€Å"crucial process† of editorial judgment that may not be regulated by the state. What is meant by â€Å"symbolic free expression?† Expressing ideas by silent, non-verbal communication. What did the Supreme Court rule in the draft-card burning case (O’Brien v. U.S.)? It was criminally illegal. Tinker v. Des Moines? Wearing black arm-bands in protest of Vietnam could not be outlawed because this form of expression is silent and caused little disruption. Do Americans have the right to burn the flag? Currently, Yes. What did the Supreme Court rule in Texas v. Johnson? It is legal free speech to desecrate a flag. U.S. v. Eichman? Flag desecration is a form of constitutional free speech. What was the fate of the Flag Protection Amendment? It fell 1 vote short with 66 for and 34 against. Only 3 republicans opposed it. How did Senators Barack Obama and Hillary Clinton vote on the measure? They both opposed the amendment. What are â€Å"fighting words?† Inflammatory speech inviting violence, which are not protected by the 1st and 14th amendments. Calling a policeman a fascist is an example. What is â€Å"hate speech?† Speech that arouses anger, alarm, and resentment toward others on the basis of race, gender, creed, color, and religion. What did the Court decide in R.A.V. v. City of St. Paul (1992) and Virginia v. Black (2003)? Supreme court ruled that the city statute against cross burning is unconstitutional, it interferes with free speech rights. For Virginia v. Black, the court ruled that making a law against cross burning is not unconstitutional, but cross burning cannot be considered prima facie evidence of intent to discriminate. What did the Supreme Court rule in Snyder v. Phelps in 2011? Speech on the sidewalk about a public issue cannot be liable for a tort of emotional distress, even if the speech is outrageous. Court ruled 8-1 about it. Should free speech include the right to carry signs reading â€Å"God Hates Fags,† â€Å"Thank God for Dead Soldiers,† â€Å"Thank God for 9-11?† No. Have some universities, such as the University of Michigan and University of Wisconsin, gone too far in banning offensive speech (ethnic and racial slurs), according to the Federal courts? Yes, they are in violation of the first amendment. What is libel? Libel is false printed or broadcast statements that intend to damage someone’s reputation. Slander? False statements made by someone looking to damage someone else’s reputation. What are the main elements which must be established to have â€Å"actionable libel?† defamation, identification, publication, and fault. What are the main defenses used by media in libel cases? That freedom of the press is paramount in a democratic society. What was the significance of New York Times v. Sullivan? It set a standard that one cannot sue a newspaper for libel unless one can address that he/she was the defamed party. What is â€Å"actual malice?† libelous remarks with knowledge that the remarks were false, or that there was lack of disregard on whether or not the remark was true. What is â€Å"hot news† (AP.v.Walker)? news that is current and controversial, but not always journalistically accurate. What is the â€Å"prudent publisher rule† (Butts v. Curtis Publishing Co.)? Publishers must follow the professional standards of journalism. This included verification of facts, particularly when the deadline is less than monumental. What part of the Bill of Rights guarantees American citizens â€Å"Freedom of Assembly?† First amendment.m Freedom of Association? First amendment. Can cities require permits for parades, sound trucks and demonstrations? Yes Under what circumstances? To ensure peace and tranquility. Why did the ACLU argue on behalf of the Nazis in the Skokie, Illinois, case? They believed the Nazi’s potential to incite violence among the Jewish community did not warrant oppression of the right to assemble. Why was the Roberts Court’s 2010 decision striking down part of the McCain-Feingold (Citizens United v. Federal Election Commission) so controversial? It allowed corporations to fund ads and movies for and against presidential candidates. How did President Obama react to the decision? He was very mad. He said foreign businesses are going to be funding these commercials now. What impact has this decision had on American elections? It has allowed much more money to be spent on elections. Rich corporations could potentially control an election. What was the impact of the courts striking down the Arizona Citizens Clean Elections Act? It left a lot of people angry. Stating that it was meant to level the playing field, not restrict Free Speech. Those who opposed the law said in a democracy, campaigning is not supposed to be a game.