Executive Power Concerning Essay

While the President has power under his right as the Commander- in- Chief, he is still subject to the interpretation of what is legally right based upon the laws of the Constitution. Such laws allow him the right to detain and try prisoners of war/ enemy combatants based upon military statutes and political authorizations. U.S. citizens hold certain civil liberties, one in particular being the right to know the charges brought against them in the event that they are detained for any crime. This civil liberty is commonly known as Habeas Corpus, and is extended to citizens who feel as though they have been wrongfully imprisoned. In times of constant conflict like todays War on Terror, one might wonder of the application of such rights to detained individuals. The title of President of the United States may mean reserved powers both appointed and implied but it does not mean exemption from constitutional separation of powers or complete subordination to the same. The President may hold the right to detain and try these prisoners, but he/she should not be allowed to abuse given powers by implementing means that will withhold the rights of Habeas Corpus whether the accused is a U.S. Citizen or not Habeas Corpus dates back to the early 14th century, debuting with the formalization of the Habeas Corpus Act of 1679. American colonist sought this act as a means to evade wrongful imprisonment by the British government, and due to the common suspension of this right, the early framers ensured that â€Å"The Privilege of the Wirt of Habeas Corpus† was incorporated into the Constitution, to include that such rights should not be suspended except in cases where Rebellion, Invasion or Public Safety requires it (Columbia Electronic Encyclopedia, 2012). Since then, habeas corpus writs have evolved in American tradition, dating to the Lincoln and  Roosevelt Presidency and as recent as the George W. Bush Presidency. Many texts even show how these Presidents regard the writ of habeas corpus, with the greater conflict of executive power against this right lying in the actions of President Bush and his stance on detaining captured enemy/suspected enemy combatants. Levin-Waldman (2012) illustrates the actions taken by earlier presidents Lincoln and Roosevelt, suggesting a trend in presidential abuse of power when it comes to suspending habeas corpus writs. During the Civil War, President Lincoln took action against the accused, John Merryman, by having union soldiers stop his petitioned writ from delivery to the federal Marshal. Later on during World War II, President Roosevelt convinced the Supreme Court to defer to his wishes in the case of â€Å"Hirabayashi v. United States in 1943†, under the stance that certain Japanese- Americans who frequently contact family in Japan â€Å"might constitute a security threat† to America during a time of war. Hirabayashi’s violation of the in place military curfew at the time, which was determined by the Supreme Court as a â€Å"legitimate defensive measure during a time of war† landed him in a position where his civil liberty to seek habeas corpus as an American citizen was ove rridden (Ch. 5.7). The trend of Presidential abuse of power concerning suspension of habeas corpus writs continues even to this day. As stated earlier, the ability to petition for habeas corpus is one of Americas basic civil liberties afforded to every citizen, but how does this apply to current situations that involve non-citizens? Take for example the case of Lakhdar Boumediene v. Bush, where the U.S. government classified Boumediene and five other Algerian detainees as enemy combatants in the war on terror (Ozey, 2008). They were subject to indefinite detention at the well-known U. S. Naval base in Guantanamo Bay Cuba. The men petitioned for a Writ of Habeas Corpus, alleging violations of the Constitution’s Due Process Clause which the Courts initially ruled in their favor. But in the end, and thanks to the â€Å"Military Commissions Act of 2006 (MCA)† spearheaded by President Bush, their petition was revoked and the Courts ruling was overturned because the MCA eliminated the jurisdiction of the federal courts’ to hear habeas applications from detainees who have  been designated as enemy combatants (Ozey, 2008) further illustrating presidential influence in such situations. Classification as an enemy combatant is used continuously to evade allowing detainees access to petitioning for writs of habeas corpus. Calling to question how relevant this writ is to today’s current conflict involving American government and the war on terror. The war on terror is such a broad topic, but one key thing about it that points toward relevancy to habeas corpus rights is that these enemy combatants â€Å"are neither soldiers, as they are not fighting for a nation state† (Levin-Waldman, 2012). Therefore because of the broad scheme of this war, it has the potential to go on indefinitely and because â€Å"enemy proceedings† may be tailored to alleviate their uncommon potential to burden the executive at a time of ongoing military conflict† (Levin-Waldman, 2012), the implementation of habeas corpus would help weed out the innocent detainees from the true enemies of this country if it were allowed and not deterred by the President through acts like the MCA. Overall the interpretation of the Supreme Court regarding who is afforded this basic civil liberty based upon the events of today’s conflict will pay dividends as to how much power the President can exercise in future cases, but that is only if their interpretation is met with open-mindedness rather than be shut down at every turn. Levin-Waldman (2012) tells us that, foreign policy presidents have greater power than domestic policy presidents, and often Congress tends to defer to the President during foreign policy situations. However it is safe to say that the war on terror includes both foreign and domestic considerations, which were affected by the actions of terrorists in the September 11th attacks and numerous other events since then. So what should be done about granting habeas corpus rights to enemy combatants? Looking further into the real situation taking place with detainees at Guantanamo Bay as a result of the MCA, this question is met with much friction. In the Rasul v. Bush case, the Supreme Court interprets the law in a manner that asserted that â€Å"the habeas statute extends to non-citizen detainees at Guantanamo† further relating to Boumediene alleging violation of the Constitutions Due Process Clause (Ozey, 2008). But as  stated earlier, this ruling was overturned by President Bush’s master minded MCA, whose sole purpose is to overrule the opinion of Supreme Court in doing their due diligence to interpret the law. However agitated the situation becomes, one must consider the perspectives involving habeas corpus writs in society as it has evolved from conflicts less complicated than todays. These perspectives include the role of the President as Commander-in-Chief, the Congress in determining when habeas corpus can be suspended, the role of the Supreme Court in protecting these civil liberties and one’s own opinion living in a day and age where the war on terror has made it well into its 13th year. Concerning the Presidents Role, the issue becomes whether he is succeeding his power or not. Ward (1990) tells us that during the Civil War, President Lincoln suspended habeas corpus, ignoring the Chief Justices request, by claiming that â€Å"more rogues than honest men find shelter under habeas corpus†. On the contrary, in today’s conflict Foley (2007) begs to differ in that more honest men suffer the suspicion of being affiliated with Al Qeda and other terrorist groups because of the broad scope of the War on Terror, and are detained permanently, rather than the government properly identifying accurate procedures to determine actual terrorist from innocent citizens (p. 1010). This type of dentition gets its justification from an additional measure set in place by President Bush called the â€Å"Combatant Status Review Tribunal (CRST)† (Floey, 2007) which leaves the mind to wonder, how many innocent so called enemy combatants are held at Guantanamo Bay without access to habeas corpus writs? Though it is not clearly stated in the Constitution who can suspend the writ of habeas corpus, and it only states when it can be suspended (Turley, 2012, p. 5), Congresses role in suspending the writ has taken place a whopping three times in American history. Their involvement in determining when to suspend this basic American civil liberty took place in 1871 in South Carolina, in 1905 in the Philippines and during WWII in Hawaii, in varying cases that fell under the constitutional guidelines of rebellion, invasion and public safety (Turley, 2012, p. 6). This lack of participation is attributed to the limitations in the number of challenges a petitioner can  make due to recent statutory changes (Turley, 2012, p. 6), but during the times of involvement, Congress deferred to the President, making way for controversial procedures and increased detention of prisoners accused of affiliation with known American enemies. The Supreme Court on the other hand seems to have had their hands tied concerning the rights of these enemy combatants in relation to petitioning for writs of habeas corpus. Referring to the Hamdan v. Rumsfeld case in 2006, the Supreme Court’s ruling in an effort to protect Hamdan’s civil liberty as an American citizen expressed that the â€Å"President’s establishment of military commissions violated the requirements of Uniform Code of Military Justice (UCMJ) Article 36(b) and the Geneva Convention’s Common Article 3† (Dealy, 2007, p. 1071). But in doing so, they have been held at bay in their efforts to protect not only detained citizens, but have also been unable to make strides toward ensuring the government applies fair rules in identifying actual enemy combatants due to deferment to the president by congress and implemented rules like the MCA and CRST. With all the facts regarding the rules of habeas corpus and how it has played out in American history, one’s personal opinion of the matter ultimately determines how they view the purpose of protecting basic civil liberties and national security in today’s society. My view of this entire matter is filled with much anger toward the current situation and treatment of detained suspected enemy combatants. I have served on three combat tours while in the Army, and have worked very closely with Kuwaiti and Afghani nationals. I had to learn the hard way that all of these people are not Al Qeda members/ supporters and also that not all of them are out to hurt America and its citizens. My initial bias and clouded judgment based upon what was feed to me through what I though was once a justified approach by my government caused me to enter into an aggressive and fearful correspondence with these people on my first two deployments. It was all about national security and American safety until I learned otherwise, but what truly changed my mind about this vision I owned was the continuous attacks America faced regardless of the constant detention of enemy combatants under the suspicion of being an enemy of America. Foley (2007) put it best when he said that â€Å"not only is there no need to sacrifice civil  liberties for security, but that sacrificing civil liberties actually threatens public safety† (p. 1021). Such is the case in the governments dated approach to granting habeas corpus to enemy combatants and the treatment of these detainees whether they are U. S. citizens or not, hence the continued and progressive battle faced by the country with enemy personnel to this day. The rules that govern this nation are not always clear cut, and the government at times does more good at distorting public views by acting in ways that benefits the points they are trying to make. Every level of government, based upon â€Å"separation of powers and checks and balances† (Levin-Waldman, 2012) has specified jobs regarding protecting American civil liberties and the national security as written in the Constitution. When it comes to protecting these points and its relevancy to habeas corpus, the struggle remains as to how the government will do so as it pertains to the conflicts America is engaged in today. The rights of detainees whether they are American citizens or not, have fallen short of being totally ignored by most citizens, but has had the full attention of executive power for many years concerning how long and for what reasons so called enemy combatants can be detained. Despite the fact that the president’s power to imprison such enemy combatants is justified by the Constitution, it has never and most certainly will never state that there should be a use of abuse of executive powers to justify suspension of habeas corpus rights to these detainees. Regardless of how executive power in regard to habeas corpus writs have evolved over the years, the President should not be able to succeed his/ her power by manipulating the system through implementing a series of well drafted acts to permanently deter from what is written and determined as law in The Constitution of the United States. References Dealy, J. D. (2007). Subordination of Powers: Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006). Harvard Journal of Law and Public Policy, 30(3), 1071. Foley, B. (2007). Guantanamo and Beyond: Dangers of Rigging the Rules. Journal of Criminal Law & Criminology, 97(4), 1010-1021 Levin-Waldman, O. M. (2012). American Government. San Diego, CA: Bridgepoint Education, Inc. Oyez. (2008). Boumediene v. Bush. IIT Chicago-Kent College of Law. Retrieved from http://www.oyez.org The Columbia Electronic Encyclopedia, 6th ed. (2012). Habeas Corpus. Columbia University Press. Retrieved from http://www.infoplease.com Turley, J. (2012). Habeas Corpus. The Heritage Guide to The Constitution. Retrieved from http://www.heritage.org Ward, G. C. (1990). Lincoln Suspends Habeas Corpus [Series episode]. In K. Burns, The Civil War: Episode 1 – The Cause (1861). Retrieved from http://digital.films.com.

Post Traumatic Stress Disorder Essay

Often people are traumatized by traumatic events that take place their lives. We seldom expect these events to happen so we often do not know how to react when it does happen, this can lead to Posttraumatic Stress Disorder (PTSD). In this assignment is the definition of PTSD, the reason why South Africa has such a high prevalence of PTSD and also the methods of prevention of PTSD will be discussed. DEFINITION OF POSTTRAUMATIC STRESS DISORDER Posttraumatic stress disorder (PTSD) can be defined as a response people have to traumatic events in life and can arise as an immediate, delayed and/or protracted response (Seedat, 2011). These events can be natural disasters, such as a tsunami or earthquake, or it can be ‘human-made’ like a hijacking or an assault, and even things like apartheid and xenophobia (Austin, et. al. , 2011:111) (Seedat, 2011). PTSD can lead to a person feeling helpless and having an intense fear (Austin, et. al. , 2011:111). To diagnose a person with PTSD, three main criteria of symptoms must be visible in the person namely the person must be re-experiencing the traumatic event, the person must have an avoidance associated stimilu, and the person must have a hypervigilance and chronic arousal (like having anger issues or not being able to sleep) (Austin, et. al. , 2011:111) (Seedat, 2011). These three symptoms can be in a minimum state, but all three need to be visible before a person can be diagnosed with PTSD (Austin, et. al. , 2011:111). All symptoms must be shown for a month or more and cause signifcant distress or impairment in social or occupational areas of functioning and if these symptoms carry on for more than three months it can be seen as chronic PTSD (Seedat, 2011). Different psychological factors can play a role in the development and maintanence of PTSD. These factors were identified by Edwards (2005c) as emotionally distressing and problematic processes of guilt, shame, grief, anxiety, dysfunctional and/or distorted cognitions, and various cognitive, affective, and behavioural avoidance mechanisms (Austin, et. al. , 2011:111). WHY SOUTH AFRICA HAS SUCH A HIGH PREVALENCE OF PTSD PTSD is fairly common as approximately eight out of 100 people will develop PTSD (Seedat, 2011). Women are twice as likely as men to develop PTSD (Seedat, 2011). Posttraumatic Stress Disorder is very common in South Africa because of various reasons (Seedat, 2011). In 1997, the World Health Organization issued a study on the Global Burden of Disease. They found that mental disorders are second in burden to infectious diseases (Burke, Unknown). There have not been much studies of trauma disorders in SA, but the existing research suggests that South Africans, especially black South Africans, are still struggling with SA’s past, this being the apartheid which started in 1948 and lasted until 1994 (Burke, Unknown). In 1997, Market Research Africa and the Community Agency for Social Equality issued a study of face-to-face interviews with 3,870 adults who grew up during this time and the results were that 17% of people who had been exposed to trauma described their mental health as poor. There were 2 % of people who were exposed to violent events and 78 % of this 23% had one or more symptoms of PTSD (Burke, Unknown). Most peo ple who lived through apartheid do not suffer any symptoms of PTSD, but there are those people who are still so undone by the atrocities of the apartheid era that they still suffer the symptoms of PTSD. The symptoms of Posttraumatic Stress Disorder have many different consequences for different people. PTSD can sometimes lead to drug and alcohol abuse. According to a report from the Health Department released recently, South Africa has the highest rates of alcoholism in the world (Burke, Unknown). METHODS OF PREVENTION OF PTSD Some evidence suggests that intervening with medications or psychotherapy within a short time after the traumatic event may prevent PTSD to develop (Seedat, 2011). One possible method for the prevention of PTSD is the Child and Family Traumatic Stress Intervention (CFTSI). The purpose of this method is to prevent the development of PTSD within a 30 day range after experiencing a potentially traumatic event. In a study, a number of 7 to 17 year old children were randomly assigned to the intervention or to a four-session supportive Comparison condition. The results were that the children part of the CFTSI had less and less symptoms of PTSD which suggests that a caregiver-youth and early intervention for children exposed to a potentially traumatic event is a promising method to prevent chronic PTSD (Berkowitz, Stover, and Marans, 2010). Another possible method for the prevention of PTSD is memory structuring intervention (MSI). Studies have been made on how trauma is processed which lead to the creating of MSI. In a randomised-controlled study, traffic accident victims who were at risk for PTSD were assigned to two MSI or two supportive-listening control sessions and the MSI patients reported a significantly less frequent arousal and PTSD symptoms than the controls (Gersons, Carlier, Lamberts & Kolk, 2001). CONCLUSION PTSD can come forth when people are exposed to a traumatic event, and it can become a chronic disorder if it lasts for longer than 3months. In South Africa we have a high prevalence for PTSD. We think that there are more people who were part of the apartheid era, that have PTSD than what studies have shown. Not every person understands the severity of PTSD or knows the symptoms of PTSD so they don’t realize that they have it. PTSD is not only treatable but possibly preventable too. There is no definite prevention method as different people handle different situations in different ways. Thus it would be good if people were more aware of the symptoms more could be done to prevent PTSD. Biblography Austin, TL., et al., (2011). Schizophrenia. In TL. Austin, et. Al. Abnormal Psychology: A South African Perspective (pp. 160-193). Cape Town: Oxford University Press South Africa. Burke, L. (Unknown). The consequences of truth: Post-traumatic stress in new South Africa (continued). Retrieved April 20, 2012, from South Africa in Transition: http://journalism.berkeley.edu/projects/southafrica/news/traumapart2.html Gersons, Carlier, Lamberts & Kolk. (2001). Translating Research Findings to PTSD Preventionl: Results of a Randomized-Controlled Pilot Study. Retrieved April 21, 2012, from Spingerlink: http://www.springerlink.com/content/w18292635382q182/ Seedat, S. (2011, 03 01). Depression – Post Traumatic Stress Disorder. Retrieved April 20, 2012, from Health 24: http://www.health24.com/medical/Condition_centres/777-792-807-1650,11960.asp

News Corporation Strategic Management Case Study

News Corporation Strategic Management - Case Study Example In the 1920s, News Corporation started out as an Australia-based chain of newspapers. Its growth has been driven mainly by an aggressive acquisition strategy, with large stakes in the film, television, publishing, and several other industries. Today, the company operates and owns, among others, Twentieth Century Fox, Star TV, British Sky Broadcasting, DirecTV, and several joint ventures worldwide. In 2004, it reincorporated in the US. Corporate strategy is used to set "the purpose of the organisation and the plans and actions to achieve that purpose" (qtd. in Lynch, 2006). It pertains to scope, which is always depicted along three dimensions: geography, product market, and value chain or vertical integration (Figure 1). For instance, which industries and markets are most suitable for the company Or, considering the various competing forces surrounding the firm, which direction would deliver the most value: diversification, vertical integration, mergers, or acquisitions Perhaps, it could be a combination of these approaches or a new business venture altogether. In the last century, industry has become increasingly internationalised, due to three main drivers of change: economic growth, fewer barriers to multinational expansion, and technological developments (Leontiades, 1987, 5). Once a company takes its operations beyond national borders, it grows not only in size but impact, making strategic decisions even more critical. Moreover, the meaning of strategy shifts as the corporate purpose is localised and translated at the business level. As the company operationalises its blueprint, it is faced with competitive pressures and so, to succeed, it must be able to match its strengths with the various opportunities available in the environment. At the same time, it must stay flexible and dynamic, since the market landscape is never static. In other words, business strategy deals with continuously building comparative advantage over its rivals (Grant, 2002, 23). The Rise of the Transnational Media Corporation Perhaps more than any other type of organisation, mass media companies have established worldwide operations of the widest scale, thus, giving rise to the "transnational media corporation" (TNMC). But as internationalisation spread, trends of privatisation and consolidation also arose - especially after the 1980s, when mergers, acquisitions, and strategic alliances were negotiated worldwide at an unprecedented pace - not just in mass media but also in finance, aviation, and other fronts. The massive realignment of industries intensified further when information and communication technologies (ICTs) were widely adopted by businesses and, later, entered the consumer mainstream. Besides News Corporation - one of the more iconic examples in the industry of an internationalised company - these TNMCs also include Time Warner, Walt Disney, Sony Inc., and Bertelsmann A.G. According to Gershon (1996, 6), these entities have engaged in the TNMC strategy for at least one of five reasons: proprietary assets and natural resources, foreign market penetration, production and distribution efficiencies, overcoming regulatory barriers to entry, and empire building. The Role of Leadership While Murdoch may have been motivated by a

The Nazi books burnings , or Changes in American family during World Essay

The Nazi books burnings , or Changes in American family during World war 2 - Essay Example It also stresses on totalitarianism. Montag is the centre of the story and thus plays a critical role in the novel’s thematic setting. The book helps students built effective reading approaches. Montag is remotely a perfect hero in terms of his relationship with the other characters in the novel. Montag interacts with various individuals with his primary aim being to learn on the ways of life of these individuals. Most people he interacts with beginning with his wife seem to be committed and busy, unlike before World War II when women had no other roles other than taking care of their families. This is because of the destruction of the society by the emerging technology. The novel explores the separated spirit of Montag towards the awareness of the loss of human feeling in the society. The setting of this novel is portrayed as a dystopian social setting where civilisation is yet to be experienced. Montag is yearning for civilisation success; therefore, he strongly takes dimpsy and misguided to achieve this (Bradbury 35). Montag’s passion and faith on his profession in this society deteriorates gradually. He is often confused, disappointed and frustrated about the kind of society he was brought up in. The relationship between Montag and his wife Mildred is a bit complicated. The wife enjoys watching television more than giving his husband attention, something that Montag is furious with. This relationship seems to be like a juggle. Montag is not quite sure on how to relate with the wife as the wife is always moody. Montag is impulsive and emotionally unstable. This character resonates to that of his wife who is also on a suicidal watch (Bloom 14). Montag’s relationship with the wife also shows the caring nature of Montag when he made up with the wife during the suicidal ordeal (Fenton 2). On the other hand, Montag seems to be fairing on well and finally they start printing books together. This is through the struggle he made to make sure win over the belief of the ways of the society for Montag’s life. Faber’s control over Montag may not have been as fully complete as Beatty’s. He manipulates Montag into believing in everything he tells Montag is the best for him. This strong belief Montag had in Faber finally gave him the opportunity to be part of the nationwide network of book lovers who have acknowledged many great books of literary and philosophical works. Clarisse, though died in the beginning, was well knowledgeable and against the technology in the contemporary society which as well changed Montag. Montag is strongly touched by every world Clarisse utter to him. This 17-year-old woman finally manages to open montages third eye due to the relationship they had built on the importance of love for nature and people (Bradbury 50). Clarisse viewed a dystopian society as a society full of destruction by the technology. She, therefore, believed that the only way this society could be reformed and c ivilised was through respect for nature and people as a whole. Montag somehow felt the weight of this statement towards civilisation as one the individuals who used to burn books in the futuristic American city. Montag tells Faber, â€Å"I want you teach me books† (Bradbury 59). This somehow changed montages perspective on how he viewed the societal ways of life. Beatty was the Montag’

Memory Game maths GCSE Essay Example | Topics and Well Written Essays - 1000 words

Memory Game maths GCSE - Essay Example Most theoretical models of memory distinguish three main systems or types: sensory memory, short-term or working memory, and long-term memory. Within each of these categories are further divisions. Sensory memory refers to the initial, momentary recording of information in our sensory systems. When sensations strike our eyes, they linger briefly in the visual system. This kind of sensory memory is called iconic memory and refers to the usually brief visual persistence of information as it is being interpreted by the visual system. Echoic memory is the name applied to the same phenomenon in the auditory domain: the brief mental echo that persists after information has been heard. Similar systems are assumed to exist for other sensory systems (touch, taste, and smell), although researchers have studied these senses less thoroughly.(Encarta reference library 2003) We can keep information circulating in working memory by rehearsing it. Several experiments can be performed to test this. The experiment can be performed on the assumption that is the person is able to recall more he/she can be said to have more observation power. It can also be assumed that the things that are recalled are ore familiar to the person. We can recall events,things and also facts that are more familiar to us quickly than those that are unfamiliar. For example in a 1966 experiment, subjects were shown a series of 15 words, then tested for their recall of the words immediately or after 30 seconds. When tested immediately, people remembered items at the beginning and end of the series better than those in the middle, a phenomenon called the serial position effect. Memory for words at the end of the list faded when the test was delayed 30 seconds. The experiment The experiment is simple. The players are given a series of 10 words . These words would appear on the computer screen for a brief period of 30 seconds and the players would observe what they see. After 30 seconds the words would disappear and the players would write them on papers provided to them. This process would continue several times with different words each time. The words may be meaningful or meaningless. The experiment is performed in the following phases Phase 1 The following ten words are taken. Since it is the first phase the words are simple and easy to remember: Bun,tea,biscuit,plane,ink,pen,pencil,earth,bat,ball The outcome: All the five members could recall successfully all the words. The number of words are taken in the y-axis and the persons are taken in the x-axis i.e. 1 indicates person 1 and so on. From the above observation it can be inferred that recalling words depends upon the ease of words. Phase 2 In this phase the following words are taken: Abberant,adjourn ,ablong,abound,abrasive,abort,abstract,affiliate,aliterate,astounding The outcome: Person 1 2 3 4 5 Number of words 10 8 5 4 6 From the table it can be inferred that the first person recalled 10 words, the second person recalled 8 words, the third person recalled 5 words, the fourth person

On Either one of the Prison Epistles or one of the Pastoral Epistles Research Paper

On Either one of the Prison Epistles or one of the Pastoral Epistles and on one of the General Epistles - Research Paper Example Lastly, it discusses one important lesson learned from each letter and the impact of the lesson learned to someone’s life. Epistle means a literary letter which was planned to be published and read by the general public. The Prison Epistles are the letters that can be found in the New Testament of the Holy Bible. One of the Prison Epistles written by Paul during his imprisonment in Rome is the Prison Epistle to the Philippians. According to the New International Version Holy Bible (1984), Paul had been mobbed in Jerusalem, arrested there, and transferred to Caesarea, and finally, when he requested to the Roman imperial court that a decision or judgment to be changed and appealed as a Roman citizen, he had been removed to Rome for trial. When the Philippians heard this situation, they prepared to stand by him, raised some money for him to use in his trial and sent Epaphroditus, a member of the church in Philippi in Macedonia, to wait on Paul, to devote one’s services to Paul, and to stay with him until his problem were solved. So Epaphroditus went with the gift given by the church and for the purpose of telling Paul about the interest and excitement of the church to know some news about his situation and the result of his trial before the Roman imperial court. Paul took this chance and this occasion to write to the Philippians with three reasons namely: (1) to thank them for their gift and thank them for their fellowship in the gospel, (2) to tell and comfort them about his situation in Rome and about his trial, telling them that the effect of his imprisonment has turned out for the advancement of the gospel, and lastly (3) especially to encourage them and strengthen them in the hope and joy that was theirs in Jesus Christ. He also wrote that he is going to send Timothy soon, that he may know of their condition and send Epaphroditus back to them because Epaphroditus longs for all of them and that he has the feeling of great worry or unhappiness bec ause the church heard that he is ill but God has been so merciful to him. He told them that he is more excited to send Epaphroditus back to them so that they may be glad that Paul might have less worry or fear. The other purpose of the letter was to stop the Judaizers from encouraging the Philippian Christians to submit to circumcision and the last purpose why Paul wrote to them was to encourage the Philippian believers to stop the misunderstanding among them especially the two women involved namely, Euodia and Syntyche that they need to agree with each other as sisters in the Lord or be united. He also asked his faithful partner to help these two women for they have worked hard with him to spread the gospel. The key characteristics of the letter were (1) the Epistle is a letter and not a long and serious piece of writing on a particular job. It is just a simple letter to personal friends which has no theological discussions, no fixed outline and no formal development, (2) it is a l etter of love, Paul’s message has nothing but praise or the Philippians and prayer that their love may be rich, (3) it is a letter of joy, despite being imprisoned, he is still full of joy. After reading the book of Philippians, 20 times that Paul uses the words joy, rejoice, peace, content, and thanksgiving. It is a

A Theory of Dividends Dissertation Example | Topics and Well Written Essays - 10500 words

A Theory of Dividends - Dissertation Example The main dividend policies practically adopted by most of the companies world wide can be basically divided into four categories. Constant dividend system tops the list followed by constant dividend ratio system, dividends equal to free cash flow system and sticky dividend system (Internet, Introduction to Dividend Policy & Theory, two issues, 1). In the constant dividend system, companies pay sum constant amount as dividend every year irrespective of the profit range while in the constant ratio system, they adopt a constant ratio on earnings.   The latter is also known as the EPS or DPS meaning earnings per share or dividend per share. In the third system, quantum of free cash flow guides the payment. In the last one, also known as the Lintner Model, companies adopt a sticky method in which dividends are first paid in a low level and then increased after some years. This is mainly done to enhance the confidence of investors and shareholders.  Dividend theoriesWhy should companie s declare dividends? It is the responsibility of the managements to show some monetary benefit to the investors who have invested their savings. Companies conduct their business with the investments offered by the shareholders and it is their bounden duty to offer dividends in return to them. But, as the shares of the companies are traded in the stock markets, it is natural for market players to link the dividends to the share prices. It is true that there are some companies that do not pay dividends.

Theories of International Relations Essay Example | Topics and Well Written Essays - 2000 words

Theories of International Relations - Essay Example The paper "Theories of International Relations" concerns the International Relations and other related social theories such as postmodernism. The International Relations theory is composed of concepts, policies and practices that serve as guidelines for the interactions between different organizations and nations. Basically, the IR is related to world politics, thus, it can be considered as one of the significant fields that explore the ways and means to prevent war, to have an economic interaction and to cooperate in the process of achieving goals for international welfare in different areas and aspects of the society. The study of IR then is important in the determination of the different paradigms that can help in the understanding of the issues and problems that can be encountered in connection to different forms of international relations. The different concepts that comprise the theory of International Relations can be considered to define different points of views. For that ma tter, one of the criticisms in relation to the manner by which the IR defines events, it can be critical and subjective on the basis of the fact that the views are segregated in the different theories that comprise the IR. One of the most significant theories related to the International Relations theory is the postmodernism view. The concept covers the wide variety of unconventional notions regarding the different social views and theories. The views identified as post-modern are classified as the concepts.

Patents and Intellectual Property Essay Example for Free

Patents and Intellectual Property Essay Patents and Intellectual Property Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A patent is a set of rights given exclusively to an individual or firm by an independent nation to the inventor or discoverer for a given duration in exchange for detailed information on the details of the inventions or discovery (Foray 28). Inventions that can be patented are new products, processes of manufacturing, improvements to an existing product or process, new chemical compounds or compositions, or processes relating of an existing manufacturing process (Perelman n.p.). This form of intellectual property encourages the economic and technological development by rewarding intellectual creativity. Patents are a crucial part for advancements in science based professions such as medicine, biotechnology, computers and even drug chemistry. These advancements have born great fruits which have all been aimed at improving the life of mankind. In this paper, the strengths and weaknesses of patent laws and foreign investment, trade, innovation, public health, generic resources and traditional knowledge will be discussed. Patent laws have improved the life of investors greatly, this has led to greater determinations in patenting other products, and in the process, greater, and discoveries that are more useful have been made.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Patents laws are set up to ensure that the owner of intellectual property benefits from his or her invention. The law gives the owner freedom of choice to do what they require with the invention as long as it does not conflict with other existing laws. The inventor can sell the patent at any market price they believe is commensurable, they can license the patent to others for use and in the process collect royalties from the users which increases their financial stability (Gold 135). Patent laws also offers a sense of protection to the inventors for the stipulated time (usually twenty years), and this approach usually is a disadvantage to the competitors in the same line of work. These laws also prohibit dealing with patented goods without permission from the patent holder and this ensures that pirating of patented goods or services is a prosecutable case whereby one can be sentenced to jail or heavily fined (Perelman n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Strong patent laws are a major attraction to foreign investors who are assured of the protection of their goods or services. They are thus confident about imitations of their product, which has lead to an increased net demand of their products leading to higher marginal profits.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The intellectual laws act as an attraction and assurance to foreign investors as their business is enabled a fair play ground to compete with existing indigenous firms (Smarzynska 41). Strong patent laws also offer a location attraction to foreign investors opting for areas with enhanced patent laws. This has lead to further development and improvement of economies of such areas as compared to areas whose laws are not well established. Stronger intellectual property rights can be a deterrent to new foreign investors since existing firms may have already established large market bases which may not be easy to break through. With this kind of market, monopolistic ventures may mushroom to the disadvantage of consumers since they may overprice their commodities due to lack of competitors.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Patent laws create ownership advantages conferring to firms serving the foreign markets (Cooter, Ulen 124). Through the provision of legal redress against any violations, markets are expanded and increase in both multilateral and bilateral trades. Patent laws increase bilateral exchange to foreign markets by reducing the costs associated with preventing loss of knowledge assets. Such costs consist of foregone revenues resulting from reduced bilateral exchange and or expenses incurred to make knowledge assets difficult to imitate especially when the destination country has strong imitative abilities.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Strong intellectual property laws can increase market power and even though strong laws enhance ownership advantage, this enhanced ownership can increase or decrease bilateral exchange. The market power concept holds that strong rights reduce bilateral exchange by ensuring a temporary monopoly over the protected knowledge. This market power is attributed to the patent holder, whether domestic or foreign. Firms that secure strong patent protection in foreign markets can exercise their market power by restricting quantity and increasing the unit price of bilateral exchange to that market (Fink and Primo 26).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   According to Forays (13), strong patent laws provide incentives for people and firms to invest in research. Where there exists strong patent laws, inventors and innovators are energized since any benefits are accrued to them. With weak patent laws a free market economy fails to induce an optimal investment in research, development and innovation, since investors would not be able to recoup the full benefit from their investment. Patent laws also give strong ownership advantages to firms in developed countries, which encourage them to transfer their technology to developing countries through market channels at a cost. Strong patent laws may also be a disadvantage since they may lead to increased market power which results in high cost of technology transfer. In cases where there exist weak patent laws, this provides a loophole for technology transfer in non-market channels which would greatly disadvantage the innovators.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Patents are important to pharmaceutical firms as they help in appropriating the benefits to the innovators. Moreover, products and the development process are protected from imitators in order to avoid replication of same drug. The process of drug development is quite costly averaging at about 1billion US dollars for the actual discovery, development and regulation approval (Shimasaki, 123). However, patenting novel drugs is essential and only beneficial in developed countries where many firms may want to set up drug manufacturing firms. According to Vernon (14), the expensive process of research and development is usually compensated by profits, which arise from patent protection. Patent laws in drug development are quite complicated since while patenting new drug protects the producers from unscrupulous firms may also increase the cost of the drugs thus making them unaffordable to needy people.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The process of patenting innovations in public health may be long and tiresome which may discourage innovations. However due to emergence of tropical diseases in the developing world patenting may act as an incentive for continued research in both drug development and innovations of new procedures for their early diagnosis and treatment. All this will lead to improved health care for patients especially in developing countries where cost of drugs is beyond the reach of the majority who are struggling. Patent laws encourage the development of medicinal compounds or products. These conditions being rare are not economically viable for the pharmaceutical firms since the profits margins are so minimal thus little research is channeled towards them. However, through patenting, firms that delve into this kind of research because they are protected exclusively thus giving them the sole ownership rights to manufacture and distribute them at a give n cost (Gold 131-132). This enables them to make profits.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Weak patent laws in the health sector have been associated by rise of firms, which exploit the whole process of drug development. Drug imitators can benefit from innovators’ free approval and produce duplicate drugs at a much lower cost relative to the real cost of discovering and developing the new product. Patenting the genetic resources and traditional knowledge ensures that people who participated in the development of the new information are acknowledged for the work they have done. To scholars being acknowledged builds confidence in them and is a motivator for them to work even harder. By them being acknowledged, it shows that they become authorities in their specific fields, which further leads to production of more accurate and high quality new knowledge. Patent laws regarding information are in conflict with human rights since patent information should be made public for the benefit of all. It is not easy to relate patent l aws and human rights since it exist in different perspectives on the same depending on the contributors (Gold 186). As such, information should be easily accessible at minimal cost affordable to all.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In production of pharmaceuticals, patents laws restricted patent term to 20 years, this was disadvantageous to people who developed drugs for infrequent illness because sales of the drugs could not give adequate returns within the period. It was until 1984 that the congress amended the drug act by coming up with orphan drugs act that extended the period of patents to 25 years in order to allow developers to pay-back the cost of development and get profits (Gold 132). In addition, patent restricted use of available drugs for research of new drugs development. This presented a challenge to development of new and generic drugs until when the congress amended the patent laws to allow use of drugs for research purposes. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Patent laws have more strength compared to weaknesses but it depends on the patent issue. Through patenting, the innovators and inventors are not only recognized as the owner of the emerging products but they also have various benefits such as financial gains to payback on the capital invested. The patent are only limited to 20 years, which in some cases is disadvantageous to products with weak marketing such as orphan drugs. The government intervention has resulted in developers reaping high profits for their ideas, and products over a given period. The weakness of patent is limitation on research where they restrict third party from using the original product or idea to develop new product thus slowing research and improvements of the existing ones. Hence, caution is necessary to ensure that patenting does not give rise to monopolies, which would discourage competition at the expense of the consumers. References Cooter, Robert and Ulen, Thomas. Intellectual Property in Law and Economics 5th ed. Toronto: Pearson, 2008. Fink, Carsten. and C.A. Primo Braga. ‘How Stronger Protection of Intellectual Property Rights Affects International Trade Flows’. In C. Fink and E. Mansfield (eds) Intellectual Property and Development: Lessons from Recent Economic Research. New York: World Bank/Oxford University Press. (2004). Print. Foray, Dominique. Technology Transfer in the TRIPS Age: The Need for New Types of Partnerships between the Least Developed and Most Advanced Economies. Geneva international Centre for Trade and Sustainable Development (2009). Gold, Richard E. Patents and Human Rights: A Heterodox Analysis. Journal of Law,Medicines and Ethics, 41(1) (2013):185-198. Perelman, Michael. â€Å"In Patents We Trust: How the U.S. Government Learned to Stop Worrying about Monopoly and Love Intellectual Property.† MR Zine (2005). Shimasaki, Craig D. The Business of Bioscience: What Goes into Making a Biotechnology Product. Dordrecht: Springer, 2009. Print. Smarzynska Javorcik, B. ‘The Composition of Foreign Direct Investment and Protection of Intellectual Property Rights: Evidence from Transition Economies’. Journal of European Economic Review 48(1) (2004): 39–62. Vernon, J.A. ‘Examining the Link between Price Regulation and PharmaceuticalResearch and Development Investment’. Journal of Health Economics 14(1) (2005): 1–16. 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War on Drugs Essay Example for Free

War on Drugs Essay Not surprisingly, cases like the foregoing generated a public backlash-perhaps the only significant one since the War on Drugs was declared in 1982. It pressured Congress into creating what is known as the innocent owner defense to such in rem forfeitures, but even that gesture of reasonableness is largely illusory. First, the defense does not redress the gross imbalance between the value of property forfeited and the personal culpability of the owner. For example, a Vermont man was found guilty of growing six marijuana plants. He received a suspended sentence, but he and his family lost their 49-acre farm. Similarly, a New York man forfeited his $145,000 condominium because he sold cocaine to an informant for $250. The law provides no limit to the value of property subject to forfeiture, even for very minor drug offenses. Second, the innocent owner defense places the burden on the property claimant to demonstrate that he or she acted or failed to act without knowledge, consent or willful blindness of the drug activities of the offender. Thus, the Federal government instituted forfeiture proceedings in the Delray Beach, Fla. , area against numerous properties containing convenience stores or other businesses where drug transactions took place, claiming that the owners made insufficient efforts to prevent drug dealings. Placing the burden on the claimant imposes expense and inconvenience because the claimant must hire a lawyer to mount a challenge to the seizure. Moreover, many cases involve the family house or car, and it often is difficult to prove that one family member had no knowledge of or did not consent to the illegal activities of another. For instance, a Florida court held that a claimant did not use reasonable care to prevent her husband from using her automobile in criminal activity; thus, she was not entitled to the innocent owner defense. A particularly cruel application of this kind of vicarious responsibility for the wrongs of another is seen in the governments policy of evicting impoverished families from public housing because of the drug activities of one unruly child. The Anti-Drug Abuse Act of 1988 specifically states that a tenants lease is a forfeitable property interest and that public housing agencies have the authority to hire investigators to determine whether drug laws are being broken. The act authorizes eviction if a tenant, member of his or her household, guest, or other person under his or her control is engaged in drug-related activity on or near public housing premises. To carry out these provisions, the act funded a pilot enforcement program. In 1990, the Departments of Justice and Housing and Urban Development announced a Public Housing Asset Forfeiture Demonstration Project in 23 states. The project pursued lease forfeitures and generated considerable publicity. In passing this law, it must have been obvious to Congress that many innocent family members would suffer along with the guilty. Perhaps it was thought vital, nonetheless, as a way of protecting other families from drugs in public housing projects. As experience proves, however, even evicted dealers continue to deal in and around the projects. It is hard to take public housing lease forfeitures very seriously, therefore, other than as a symbolic statement of the governments tough stand against illegal drugs. Destructive consequences A policy that destroys families, takes property from the innocent, and tramples the basic criminal law principles of personal responsibility, proportionality, and fairness has spillover effects into other public policy domains. One area in which the fanaticism of the drug warriors perhaps is most evident is public health. Drugs such as marijuana and heroin have well-known medical applications. Yet, so zealous are the anti-drug forces that even these therapeutic uses effectively have been banned. Marijuana, for instance, has many applications as a safe and effective therapeutic agent. Among them are relief of the intraocular pressure caused by glaucoma and alleviating the nausea caused by chemotherapy. Some AIDS patients also have obtained relief from using cannabis. Yet, marijuana is classified by the Attorney General of the U. S. , not the Surgeon General, as a Schedule I drug-one having a high potential for abuse, no currently accepted medicinal use, and lack of accepted safety for utilization. It thereby is deemed beyond the scope of legitimate medical practice and thus is not generally available to medical practitioners. The only exception was an extremely limited program of compassionate treatment of the terminally or seriously ill, but even that has been eliminated for political reasons. Assistant Secretary James O. Mason of the Department of Health and Human Services announced in 1991 that the Public Health Services provision of marijuana to patients seriously ill with AIDS would be discontinued because it would create a public perception that this stuff cant be so bad. After a review caused by protests from AIDS activists, the Public Health Service decided in March, 1992, to stop supplying marijuana to any patients save the 13 then receiving it. There also are beneficial uses for heroin. Terminal cancer patients suffering from intractable pain generally obtain quicker analgesic relief from heroin than from morphine. Many doctors believe that heroin should be an option in the pharmacopeia. Accordingly, in 1981, the American Medical Association House of Delegates adopted a resolution stating that the management of pain relief in terminal cancer patients should be a medical decision and should take priority over concerns about drug dependence. Various bills to accomplish that goal were introduced in the 96th, 97th, and 98th Congresses. The Compassionate Pain Relief Act was brought to the House floor for a vote on Sept. 19, 1984, but was defeated by 355 to 55. Although there were some concerns voiced about thefts from hospital pharmacies, the overwhelming concern was political and symbolic a heroin legalization bill could not be passed in an election year and, in any event, would send the public the wrong message. The final and perhaps most outrageous example in this catalog of wrongs against public health care is the nearly universal American refusal to permit established addicts to exchange used needles for sterile ones in order to prevent AIDS transmission among intravenous drug users. In 1991, the National Commission on AIDS recommended the removal of legal barriers to the purchase and possession of intravenous drug injection equipment. It found that 32% of all adult and adolescent AIDS cases were related to intravenous drug use and that 70% of mother-to-child AIDS infections resulted from intravenous drug use by the mother or her sexual partner. Moreover the commission found no evidence that denial of access to sterile needles reduced drug abuse, but concluded that it did encourage the sharing of contaminated needles and the spread of the AIDS virus. Notwithstanding the commissions criticism of the governments myopic criminal justice approach to the drug situation, the prevailing view is that needle exchange programs encourage drug abuse by sending the wrong message. Public safety is sacrificed when, nationwide, more than 18,000 local, sheriffs, and state police officers, in addition to thousands of Federal agents, are devoted full time to special drug units. As a result, countless hours and dollars are diverted from detecting and preventing more serious violent crimes. Thirty percent of an estimated 1,100,000 drug-related arrests made during 1990 were marijuana offenses, nearly four out of five for mere possession. Tax dollars would be spent better if the resources it took to make approximately 264,000 arrests for possession of marijuana were dedicated to protecting the general public from violent crime. The intensive pursuit of drug offenders has generated an enormous population of convicts held in prison for very long periods of time as a result of excessive and/or mandatory jail terms. It is estimated that the operating cost of maintaining a prisoner ranges from $20,000 to $40,000 per year, depending upon the location and level of security at a particular prison. With more than 800,000 men and women in American correctional facilities today, the nationwide cost approaches $30,000,000,000 per year. This is a major diversion of scarce resources. These financial burdens are only part of the price incurred as a result of the relentless drive to achieve higher and higher arrest records. More frightening and damaging are the injuries and losses caused by the early release of violent criminals owing to prison overcrowding. Commonly, court orders impose population caps, so prison authorities accelerate release of violent felons serving non-mandatory sentences in order to free up beds for non-violent drug offenders serving mandatory, non-parolable terms. For example, to stay abreast of its rapidly growing inmate population, Florida launched one of the nations most ambitious early release programs. However, prisoners serving mandatory terms most of them drug offenders, who now comprise 36% of the total prison population are ineligible. As a result, the average length of sentence declined dramatically for violent criminals, while it rose for drug offenders. Murderers, robbers, and rapists often serve less time than a cocaine mule carrying a kilo on a bus, who gets a mandatory 15-year term. A Department of Justice survey showed that 43% of state felons on probation were rearrested for a crime within three years of sentencing. In short, violent criminals are released early to commit more crimes so that their beds can be occupied by nonviolent drug offenders. Civil libertarians are not heard often defending a societal right to be secure from violent criminals, much less a right of victims to see just punishment meted out to offenders. In this they are as shortsighted as their law-and-order counterparts. The War on Drugs is a public safety disaster, making victims of us all. However uncomfortable it may be to admit, the undeniable reality is that drugs always have been and always will be a presence in society. Americans have been paying too high a price for the governments War on Drugs. As Federal judge William Schwarzer has said, It behooves us to think that it may profit us very little to win the war on drugs if in the process we lose our soul. http://www. serendipity. li/wod. html