Criminal Law Formal Legal Brief Case Study Example | Topics and Well Written Essays - 750 words

Criminal Law Formal Legal Brief - Case Study Example This decision was appealed by the officials from Burlington and Essex Counties. The US Court of Appeals for the Third Circuit reversed the judgment by stating that any individual who has been incarcerated can be searched by officials without the need for suspicion that the person might be carrying weapons or drugs (Beler, 2011). Yes as Justice Anthony M. Kennedy said in support of a 5-4 majority that strip search of individuals who are arrested in a jail does not infringe the rights bestowed by the Fourth Amendment. Furthermore, the courts concluded that jail officials cannot effectively identify whether a prisoner will have contrabands based upon the nature of the offense or the criminal history (Beler, 2011). The principle is that the jails need to ensure safety and efficiency in order to ensure sound outcomes. Hence there was no violation of the Fourth Amendment according to the views of the court. The Court identified several instances where individuals who have perpetrated minor traffic violations have been capable of extreme belligerency and hostile behaviors. The Court cited the example of Timothy McVeigh who had been arrested for a minor traffic offense. The desire of jails is to ensure that the employees as well as the inmates can be safeguarded in an efficient and effective manner (Ha, 2011). The strip search policy is based upon achieving this objective. The Court concluded that sometimes there might be exceptions when the arrestees do not interact with other inmates or will not have access to the general population. The final decision by the Court was that it affirmed the decision made by the lower courts that the Fourth Amendment laws were not violated when jail officials engage in strip searching inmates in order to achieve the goals of safety and security. Some of the judges argued that there are certain exceptions to the rule (Wagner, 2012). They also argued that some strip searches might be unreasonable but this needs to

The Role of Business in the Economy Dissertation

The Role of Business in the Economy - Dissertation Example of Owners Type of Liability Advantages Disadvantages 1. Sole Proprietorship One Unlimited in the form of personal liability in relation to business debt 1. Total profit generated is retained by the owner 2. Formation and dissolution are easy tasks 3. Owners are characterized by having flexibilities 1. The financial liability is unlimited in nature 2. Limited opportunity of financing 3. Deficiencies in management 4. Lacks continuity 2. Partnership More than one The business creditors are a threat to the personal assets held by any of the partners 1. Formation is easy 2. Can be benefited from partners having management skills which are complementary in nature 3. Financial capacity is expanded 1. Financial liability is unlimited in nature 2. Interpersonal conflicts between partners 3. Lacks continuity 4. Difficulty in dissolution 3. Corporation The no. of shareholders is unlimited. For the S Corporations it can have a maximum of 75 shareholders Limited 1. Financial liability is limited in nature 2. Management having specialized skills 3. Financial capacity is expanded 4. Large scale economic operations 1. Formation and dissolution are costly and difficult in nature. 2. Disadvantages because of taxation 3. Legal restrictions Question 2 Define the entrepreneurship and the nature and importance in the economy of small business Entrepreneurship can be defined as the ability to develop and create something new. Entrepreneurship has been defined by different authors in various ways. For example, according to A. H. Cole, entrepreneurship is defined as an activity which is done purposefully by any individual to initiate or generate profit through the manufacture and distribution of services and goods having economic value. Similarly, it is defined by Peter Drucker as a practice and not a kind of art or science. It is actually a base of knowledge, and entrepreneurship is not only a means of earning money but also a medium of creativity, imagination, flexibility, ability to undertake risks, and the ability to utilize change as a means of new opportunity (Mohanty, 2005, p.10-11). Entrepreneurship can be very advantageous for the economy of small businesses. Most of the small businesses in an economy are initiated through the efforts of a single person, who is known as the entrepreneur. They are successful in setting up the business successfully through the effective utilization of business opportunities in the market. The entrepreneurs are characterized by having the ability to take considerable amount of risks and are self motivated (NCSEE, n.d.). The small businesses set up by the entrepreneurs help to boost the economic growth and also serve for the purpose of meeting the various needs of the people locally. Question 3 Describe the basic accountability process and financial statements used in business Accounting can be defined as the process of recording and reporting of financial transactions after proper analysis of the collected information about the business transactions. These financial transactions are required to be recorded and represented in an orderly manner so as to facilitate useful information required for the decision making process of its users. The proper interpretation of information represented in the financial statements also forms a part of the basic accounting process of any business entity. The information about the financial transac

Hair-hashish analysis Essay Example | Topics and Well Written Essays - 1250 words

Hair-hashish analysis - Essay Example The controversies attracted acts of violence and occasional threats during the early years of the show, and even became a basis of legal actions when the show opened on tour and other cities. Another reason that supports the theme of the paper is the nature of themes used in the 1960 hippie movement. The themes are described in terms of targets, goals, and beliefs of the hippies. Some of the themes illustrated in â€Å"Hashish† came as a result of protests by American youths on the wrong things they saw such as: environmental destruction, racism, sexual repression and sexism, corruption in politics, depersonalization from technologies, and violence. â€Å"Hashish† illustrates restrictive gender roles and the rejection of discrimination (Horn 176). This was a symbol of equality between women and men. A popular theme illustrated in â€Å"Hashish† is the drug use. In the song, Hair Cast talks about drug use among the generation and addresses the revolution. The drug problem has been intensively addressed as a proliferation in the community of all mood altering, illicit and physically dangerous drugs. The drugs also lead to problems such as crime, threat of crime, disease, violence, loss of productivity, growing number of users in welfare of the public, over-crowding of the penal institutions, congestion of court system, diversion of tax from productive areas, erosion of our civil rights, and corruption of law enforcement agencies. Hair Cast in â€Å"Hashish† song, addresses the theme of drug scene through the aspects involved such as remorseful mood and depressed tone featured in the lyrics. Drug use was associated with nudity and sexual freedom. This was a subject of notoriety and controversy. Nudity... In summary, this research paper has addressed the themes of the song in detail and illustrated how the aspects of the song such as musical tone, structure and lyrics represent the mentioned themes. This has been done through listening to the song and analyzing the lyrics and tone and other specific aspects of the song that represent the themes. It is pivotal to note that â€Å"Hashish† by Hair Cast takes a bold approach in addressing the dissociative counter culture, drug use and scene and individual concerns such as race and tribe, sexuality among other sensitive themes in sixties. The themes are reflected through aspects of the song such as tone, structure, background, music and lyrics. This paper has illustrated an analysis of aspects of â€Å"Hashish† from Hair in sixties, and how the song relates to sixties both as a whole and as individual movement through the musical tone and structure and song background and lyrics.

Writing project Part 2 Essay Example | Topics and Well Written Essays - 2000 words

Writing project Part 2 - Essay Example It therefore seeks to justify the need through policy formulation, funding through research and development and technical initiatives to realize energy efficiency. Annotated bibliography Patridge, Robert B. Energy Efficiency: Challenges and Trends for Electric Utilities. S.l.: Diane Pub Co, 2003. http://www.asu.edu/title/energy-efficiency-challenges-and-trends-for-electric-utilities/oclc/795292357 Patridge defines energy efficiency as any positive measures taken to reduce energy consumption. He further states that this involves the deliberate substitute of more energy efficient equipments to produce the same amount of energy with less electricity and changing consumer behavior to cut energy use. He is of the view that energy efficiency is achieved through replacing, upgrading or maintaining existing equipment to reduce the amount of energy needs in lighting, heating, cooling, propelling machines and transportation. I am of the opinion that energy efficiency therefore contributes grea ter energy productivity and economic efficiency as opposed to renewable energy alternatives.... The Wall Street Journal, Before Adding Try Reducing by Sari Krieger. 2012. http://online.wsj.com/news/articles/SB10001424052970203771904574179270925771280 The U.S. government continues to offer a lot of subsidies and tax incentives to expand renewable energy instead of committing funds to energy efficiency and subsidize conservation. Susan Krieger a reporter for Dow Jones Clean Technology Insights in New York notes that billions of funds are pledged in support of renewable energy instead of encouraging the use of less energy in industrial production and domestic use. Those in favor of energy conservation argue that we need more subsidies and tax incentives on insulation, light emitting diodes (LED) in building and industrial systems which in the long-run result to less waste of energy in cooling, heating and lighting. Natalie Mims an energy consultant at Rocky Mountain Institute, Snowmans, Colo says that renewable energy often costs more, take longer to recoup on investment compared to energy efficiency measures which tend to receive less subsidies, tax incentives and funding particularly in research and development. From my point of view I think that newer energy conservation technology may be cost effective even with a high initial cost but are also yet to be embraced by the wider public due to unavailable information. The Natural Resources Defense Council. Renewable Energy For America, Harvesting the Benefits of Home-grown Renewable Energy. 2013. http://www.nrdc.org/energy/ According to a recent study by the Natural Resources Defense Council (NRDC) of America, developing clean renewable energy sources has not only the potential to add to our power supply but also enhance sustainability and environmental protection.

Peer Pressure Essay Example | Topics and Well Written Essays - 1500 words

Peer Pressure - Essay Example Peer pressure works by coercing the student into behaviors that he or she might not otherwise engage in, and the implicit message is that the student must engage in this behavior or else they might be shunned from the group. Bullying is associated with peer pressure. The bully takes courage from peers, and this increases the bullying. Moreover, the peers have an implicit agreement not to stop the bullying and not to intervene, and this, too, increases bullying. The students in these social groups engage in rituals, and the rituals might include kicking or punching the bullied victim, and the peer groups do not intervene in this, which also makes the bullying stronger. The peer groups also construct the difference in the victim, which is an important part of bullying. The implicit message to these students is that they cannot intervene, because, if they do, they might be shunned. This essay will examine the nature of bullying and the harm it can cause, and will also examine peer press ure and how it is associated with bullying. Bullying Bullying can result from peer pressure, and Naito & Gielen (2005) look at bullying in Japanese schools. Bullying may have devastating effects, including suicide of the victim. For instance, there was a case of a 13 year old boy in Japan who was the subject of a mock funeral, which was designed to show that he was a failure of a human being. The â€Å"funeral† for this young boy consisted of burning incense, displaying his photograph and flowers, and a condolence card that was signed by other students and four of his teachers. The victim of this episode of bullying actually had a real funeral, as he hanged himself (Naito & Gielen, 2005). Naito & Gielen (2005) refer to this type of bullying as Ijime – this means that physical violence is not involved, but the psychological violence that is involved is just as devastating, if not more so, than physical violence. They also studied the determinants of bullying, or, in oth er words, looked at why bullies became bullies. They found that the school bullies who were studied are oriented towards rule breaking and deviant acts. Moreover, social norms which are too ambiguous to be followed are often the social norms which are most often broken, as the bully is able to interpret ambiguous social rules to suit his own agenda. The bully may see some forms of bullying as being ambiguous and harmless, thinking that they are only joking or teasing, ignoring the serious implications of their actions. Bullying is also accepted because other students around the student being bullied thinks that the situation is fun, which encourages bystanders and audience discounting the feelings of the victim. They also found that classes with frequent bullying are made up of bullies, bullied students, an audience and bystanders – audience consists of students who are amused by the bullying, and bystanders are those who either don't know the victim or pretend not to know th e victim. Naito & Gielen (2005) also state that bullying happens more often in classes where there is a perception of a poor moral atmosphere. The victims of bullying are more often than other students to be the ones who are conformists to power and are more likely to conform to school values and norms. The bullies are more likely to want independence from power and have a generally negative attitude towards school values. Bullying is an especially crucial area of school violence to address

WHAT KIND OF COMPANIES STAND TO GAIN THE MOST FROM ENTERING INTO Essay

WHAT KIND OF COMPANIES STAND TO GAIN THE MOST FROM ENTERING INTO STRATEGIC ALLIANCE WITH POTENTIAL COMPETITORS WHY - Essay Example Strategic alliance refers to the joint decision of two firms to share a part of their resources and abilities mutually among them to acquire competitive strength in the market. In the business world, strategic alliance between firms is an increasing trend. Sometimes through these strategic alliances, firms may get monopolistic competitive position, which is not beneficial for the economy. The strategic alliance option is highly adoptive in technology based industries for which there involve huge cost for research and development and high risk of failure. Thus sharing of the technological resources facilitated through strategic alliance will helps firms to share the risk also. In industries, where cost of doing business are high, also adopt strategic alliance as a tool for reducing the operating cost by economies of scale in operation. In the period of global competition, the industries realize that through sharing of valuable resources between their competitors would contribute to th eir better market performance. The successful industries use higher level strategic alliance to improve their operational efficiency. (Strategic Alliance 2009). â€Å"Strategic alliances are agreements between companies (partners) to reach objectives of a common interest. Alliances are among the various options which companies can use to achieve their goals; they are based on cooperation between companies. The description â€Å"strategic† limits the field to alliances that are important to the partners and have broad horizons.† (Pellicelli 2003). Strategic alliance provides capability to access the technologies and other facilities of competitors. It allows the business firms to progress rapidly by using the valuable resources of competitors. Through the alliance, new ideas about advanced products can be generated as it supports innovation. It helps to diminish the impact of risk of failure of the project by sharing it with

A Unified And Empowered Europe Towards Modernization Essay Example for Free

A Unified And Empowered Europe Towards Modernization Essay No matter how historical events are being interpreted Europe’s history after World War II suggest just one clear reality: it has unified its countries which were once shattered by bitter invasion and had since then been trying to move towards an empowered modern Europe. For whatever reasons others cannot believe and accept such reality, there is one certain thing about Europe after World War II: Europe’s dream of modernization defied its diversity of culture and differing political ideals. Before the war, Europe has traditionally been divided into East and West based by different political system; Communism and Capitalism. A new blend of Europe has been the main path which directed its member countries after the war. It is for this reason that this writer proposed to integrate the concept of unity or unification in the thematic title of this course. There are several events that will justify this assumption. For example, the power of Communism has significantly weakened after the war and so were the influences it left in the formerly communist countries then known as the Eastern bloc. With the call for unification and reconciliation by Winston Churchill in 1946 and the creation of European Union of Federalists, the desire of the people to completely pin down Soviet Union arose and heightened. The call for the establishment of United States in Europe called for uprisings and movements to express their disgust to its proponents. These events, instead of creating conflict had provided the people the opportunity to block the domination of European Union of Federalists and the United Nations of Europe and so the European (Atlantic) model of government was born. With the nationalistic aim of Schumann and Benet, Europeans were encouraged to reconciliation. What is remarkable however in with Schumann and Benet was that they were against America’s entering into the scene. The two stood to their beliefs that the Franco-German reconciliation should be left to the sole responsibility of the Europeans and not with the help of any nation. With this we can say that these European leaders genuinely aimed for a long-term unity of European countries. Europe also took vital steps towards modernization and progress by means of allowing the spirit of reconciliation dominates them. On May 01, 1950, the famous Schuman Declaration occurred which brought hopes for progress to the unifying Europe. The establishment of the European Coal and Steel Community marked that date in the European calendar. Such community was vital in the initial steps taken by Europe in moving towards genuine progress. The declaration made Germany, Italy, Belgium, Netherlands and Luxembourg nod to the proposal of an authority. This is first time in the European history that these powerful countries agreed and united. Culture and religion were also major elements which played in the ideological division of Europe into East and West. However with modernization and the end of Cold War, Europe removed these walls. It is important to note that West Europe was then dominated by Western Christianity religion while the East bloc was dominated by Orthodox Christianity and Islam. Because of these, member countries of the two divisions clashed trying to display dominance over the other and genocide was the other’s most powerful tool. With the establishment of the European Union, eastern borders were extended through the countries dominated by Western and Eastern Orthodox civilizations. The memberships of most protestant and Roman Catholic countries in the European Union finally erased the mark of cultural conflict between the two divisions. The step by step movement of European countries towards unification brought considerably good results for the whole European nation. Despite the resistance of others to join the prominent European Union, Europe obviously is moving forward towards globalization. Although it is not the union which solely and ultimately unified Europe and its people, somehow the prominence of the European organization is of great help. As of May 2004, the European Union has 25 member countries after 10 countries joined including Poland, Czech Republic, Hungary, Cyprus and others. Such memberships are indications of the member countries’ willingness to extend help to each other. More importantly, these member countries now recognize a higher authority other than their own. With growing concerns on national security and issues of war and human aggression, European Union’s leaders have been criticizing each other point out the shortcomings of one another. Such disagreements do not however suggest that E. U. can no more live up to its dream of ultimate peace and unity. These situations especially in the political arena are indicative of the active participation and exercise of their power to choose and to independently decide for their people. Their unity as a legacy of the wars does not necessarily requires them to implement uniform laws and policies to their constituents. United Europe after the war had actually provided each member country the sense of accountability and responsibility by defending their stand over an issue that significantly affect them. Despite the diversity of culture and its bitter past, united Europe has been continuously moving towards a globally competitive and empowered nation. The wars undoubtedly left the enduring culture of hatred and violence behind. Europe was left with one vital responsibility to take: use its available time and resources to manage its economic, social and political affairs in the most prudent manner in such a way that it has secured its people and their future. There were no more walls in their midst, no more threat of genocide, and no more religious conflicts. Everyone is free to live a peaceful life in the land where no culture is regarded dominant over the other.