Thursday, October 31, 2019
Criminal Law Assignment Example | Topics and Well Written Essays - 2250 words
Criminal Law - Assignment Example The criminal liability of Claire in the present case is getting involved in the murder of her husband. The criminal law always protects the interests of the persons who are forced to commit violence. This holds good especially in those cases where self-protection takes the priority. In several occasions, the people may undergo mental tension for long term affecting their regular mental state and in the events of unforeseen nature, they will be compelled to take some action immediately. In these cases, diminished responsibility may be applied while deciding the nature of the punishment. Claire is involved in killing her husband, but her mental state which was disturbed due to the unacceptable behavior of her husband and the thinking of protecting the genuine interests of her daughter led to this incident. Hence, she should be protected under criminal law and she was forced to indulge in this act only due to the circumstances happened during this period. The possible defense for Claire is discussed as follows: 1. Claire has not initiated any violent action from her end, rather she was patient for last 15 years with the unacceptable attitude of her husband. She knew that her husband was not in the process of transformation and hence she was very much convinced about his violent behavior. She was forced to protect herself and children and hence her mental balance was severely affected leading to the murder of her husband. Tony would have been punished for his forceful attempt for forcing his daughter to have sex with him if he had been alive by the court of law. ... Claire has not initiated any violent action from her end, rather she was patient for last 15 years with the unacceptable attitude of her husband. She knew that her husband was not in the process of transformation and hence she was very much convinced about his violent behavior. She was forced to protect herself and children and hence her mental balance was severely affected leading to the murder of her husband. Tony would have been punished for his forceful attempt for forcing his daughter to have sex with him if he had been alive by the court of law as in the case of Regina Respondent v R. Appellant4, 5. In this case, the husband was punished for attempting rape on his wife against her will and who has applied for divorce. According Section 1(1) of Sexual Offences Amendment Act (1976), any person who is indulged in attempting rape or any other sexual violence would be punished under court of law (S. v. H.M. Advocate6; Advocate, H.M. v. Duffy7; Reg. v. Casewell8). In the present case study, the attempt was made by Tony to rape his daughter which is unacceptable. There was no chance for her to stop him from that attempt and hence she decided to stop him and in that process, she committed a murder. The punishment of persons indulged in forceful sexual intercourse was also justified in cases such as Reg. v. Jackson9; Reg. v. J. (Rape : Marital exemption)10; Reg. v. Sharples11; Reg. v. Roberts12. This case is similar to that of R v Rose13 where a son has murdered his father to protect his mother from the serious assault. Moreover, the diminished responsibility and provision of partial or complete defence in cases of gross provocation and fear of serious violence was well documented in final recommendations of English Law
Tuesday, October 29, 2019
Special Education Attitude, Legislation and Litigation Essay
Special Education Attitude, Legislation and Litigation - Essay Example With good teachers and proper infrastructure the branch of Special Education is gradually becoming as important as any other stream. The education department of the United States of America has formulated policies that equally prioritize education for students with disabilities. To this purpose Individualââ¬â¢s with Disabilities Education Act has been developed and passed to ensure maximum benefit on the part of the disabled children in receiving standard education. IDEA has brought a refreshing transformation not only in the action plan but in changing peopleââ¬â¢s perspective towards the talent and potential of disabled children. Schools and other educational organizations have started giving noticeable importance in dispensing proper and quality education to the student with disabilities. IDEA has been made taken into consideration the different sectors of education including teacher education and training in special education focusing on the needs of the students with disabilities. In keeping with the No Child Left behind Policy (NCLB) new laws have been sanctioned and the old ones revised to bring perceptible changes in education for students with disabilities. The laws cater to the educational growth and development of disabled children. The branch of Special education has been re-emphasized so as to revolutionize it in terms of standard and quality. Specific laws have been promulgated to screen and identify students with disabilities within a general classroom so as to give them special attention within the classroom or develop a problem related special educational ambience for the child depending on the needs of the child. Emphasis is being given on developing a proper and need-oriented infrastructure supported by adequate funds for early intervention services (EIS, 2006). It has come to the notice of educational thinkers and administrators that the new law under IDEA reinvents IEP or the
Sunday, October 27, 2019
Investigation of Oral Contraceptives
Investigation of Oral Contraceptives Oral Contraceptives Made by LAB GROUP: C2 Lab Instructors: A.L/ Ahmed Refaat Spring 2015 Oral Contraception: Contraception can be defined as the method of prevention of pregnancy also referred to as Birth Control medication. Mainly contraceptives are composed of hormones thus, referred to as hormonal contraceptives they consist of synthetic sex hormones female based hormones such as estrogen or progestin. Their mechanism of action is to block the process of ovulation hence, preventing pregnancy. Methods of contraception: There are a lot of contraception methods theyre mainly divided into physical-mechanical or chemical methods. Physical-mechanical methods include: Caps: it is a thin soft silicone prevents sperm penetration by covering the cervix. Male and female condoms Contraceptive Implants: flexible and small forty mm long tube. A trained professional usually inserts the implant; it stops the release of eggs from the ovary. Diaphragms: placed inside the vagina before intercourse, it covers the cervix as well. IUD: T-shaped intrauterine device placed inside the womb by a specialized professional; it terminates sperms and eggs in the fallopian tube or womb. IUS: plastic T-shaped intrauterine system placed inside the womb by a physician, it releases progestogen (steroid) that thickens the mucus in the cervix making it impossible for a sperm to penetrate it. Vaginal ring: a plastic soft and ring shaped placed inside the vagina, releases as well progestogen with the same effects as the IUS. Natural family planning Chemical methods include: Combined pills Contraceptive patches Progestogen pill Contraceptive injection There are permanent methods of contraception such as: Vasectomy in males Sterilization or sealing of the fallopian tube in females Classification of drugs is mainly based on the type of chemical or active ingredient. Oral contraceptives are classified into 3 categories: Combination (estrogen/progestin) oral contraceptives Progestin only based oral contraceptives Effects of different oral contraceptives Oral contraceptive Drugs: Ortho Micronor (Norethindrone): Drug class: It is a First generation Progestin. It is less androgenic than second generation progestin such as levonorgestrel. Mechanism of action: Ortho Micronor is a progestin-only contraceptive oral pill. It is designed for the prevention of pregnancy by suppressing ovulation in nearly half of the users, thickening the cervical mucus to prevent sperm penetration, and the reduction of LH midcycle tops FSH, it slows the motility of the ovum altering the endometrium and the fallopian tubes. Pharmacological action: Progestin oral contraceptives are used for the prevention of pregnancy. Pharmacokinetics: Serum progesterone levels peak after oral administration in about two hours, then through distribution and rapid elimination. In 24 hours after drug intake, serum levels are close to the base line, which makes the efficiency depends on rigid adherence to the dosage. There are wide variations between individual users in serum levels. The results of the progestin administration lower the levels of serum progesterone balance and a shorter half-life of the concomitant administration with estrogens. Contraindications: Carcinoma of the breast suspected pregnancy Hypersensitivity to any component of this product liver disease Drug interactions: Thyroxine concentrations inevitably decrease eventually, because there is a decrease in main binding thyroid globulin The efficacy of pills that are progestin based only is reduced by the (HEID) or hepatic enzyme-inducing drugs for example carbamazepine, anticonvulsants phenytoin, and the antituberculosis drug rifampin and barbiturates. Side-effects: Vomiting, Nausea, bloating, Vaginal bleeding, headache Plan B (levonorgestrel): Drug class: Second Generation progestin. Used worldwide and FDA approves as plan B. It has high androgenic effects. Pharmacokinetics: No particular examination of irrefutably for the bioavailability of plan B (levonorgestrel) in people has been directed. Be that as it may, writing demonstrates that levonorgestrel is quickly and totally assimilated after oral organization (bioavailability around 100%) and is not subject to first pass digestion system. After a solitary measurements of Arrangement plan B (levonorgestrel) (0.75 mg) regulated to 16 ladies under fasting conditions, greatest serum centralizations of levonorgestrel are 14.1 à ± 7.7 ng/mL (mean à ± SD) at a normal of 1.6 à ± 0.7 hours. Pharmacological action: Plan B is proposed to avert pregnancy after known or suspected prophylactic disappointment or unprotected intercourse. Mechanism of action: Crisis contraceptives are not successful if the lady is now pregnant. Plan B (levonorgestrel) is accepted to go about as a crisis prophylactic essentially by avoiding ovulation or preparation (by modifying tubal transport of sperm and/or ova). Whats more, it may hinder implantation (by modifying the endometrium). It is not successful once the methodology of implantation has started. Side effects: Nausea Headache Breast tenderness Fatigue Vomiting Abdominal pain Diarrhea Contraindications: It is not prescribed for utilization in the accompanying conditions: Known or suspected pregnancy Hypersensitivity to any segment of the drug Drug interactions: Hypothetically, the adequacy of low-measurement progestin-just pills is diminished by hepatic catalyst instigating medications, for example, the anticonvulsants carbamazepine, phenytoin, anti- tuberculosis and barbiturates. Yasmin (drospirenone/ethinyl estradiol): Drug class: Third generation oral contraceptive. It is mostly disliked due to dangerous side effects. Pharmacokinetics: Irrefutably the bioavailability of DRSP from a solitary element tablet is around 76%. Unquestionably the bioavailability of EE is pretty nearly 40% as a consequence of presystemic conjugation and first-pass digestion system. Indisputably the bioavailability of Yasmin, which is a mix tablet of EE and DRSP, it has not been assessed. Serum convergances of DRSP and EE arrived at top levels inside 1-2 hours after organization of Yasmin. Pharmacodynamics: Pharmacodynamic studies were not conducted specifically with Yasmin. Therapeutic use: Yasmin is demonstrated for utilization by ladies to avert pregnancy. Mechanism of action: COCs bring down the risk of getting to be pregnant basically by smothering ovulation. Other conceivable components may incorporate cervical bodily fluid changes that restrain sperm entrance and endometrial changes that decrease the probability of implantation. Side effects: Irregular uterus bleeding Headache Nausea Liver disease Breast tenderness Contraindications: Dont endorse Yasmin to ladies who are known to have the accompanying: Renal impedance Adrenal deficiency Hypertension Have breast cancer Have coronary vein illness Have thrombogenicvalvular or thrombogenic mood illnesses of the heart (for instance, subacute bacterial endocarditis with valvular malady, or atrial fibrillation) Have Diabetes mellitus Drug interactions: Substances reducing the viability of COCs: Medications or home grown items that incite certain chemicals, including cytochrome P450 3A4 (CYP3A4), may diminish the adequacy of COCs or build achievement dying. Effects of Joined Oral Contraceptives on Different Medications COCs containing EE may hinder the digestion system of different mixes. Potential to Build Serum Potassium Focus: There is a potential for an increment in serum potassium fixation in ladies bringing Yasmin with different medications. Mircette (desogestrel/ethinyl estradiol and ethinyl estradiol): Second generation Mechanism of action: The mechanism of action of it works over four directions: suppression of the gonadotropins alteration changes in the mucus which make it hard and difficult to the sperm to entire the uterus The endometrial changes that reduce the likelihood of the implantation process inhibition of ovulation from happening Pharmacokinetics: The substance desogestrel is completely and fast absorbed then converted to the active form which is etonogestrel after taking the oral route of administration the bioavailability was measured and found approximately 100%; by taking serum levels of etonogestrel . Therapeutic uses: It is used to prevent the pregnancy. Side effects: Vomiting Gastrointestinal symptoms (such as abdominal cramps and bloating) Nausea problems in menstruation process Breast changes:, enlargement, tenderness , and secretion Contraindications: Past problems concerning deep vein Thrombophlebitisà or thromboembolic disorders If there is any predication for breast carcinoma or current one Drug interactions: Increase in factors ix ,vii,viii,x and prothrombin levels this will cause increase in nor adrenline induced platelets aggregation Increase in other binding proteins in serum levels Increase in the levels of thyroid binding globulin References: Contraceptives. (2015, February 17) Drugs.com Available at:à http://www.drugs.com/drug-class/contraceptives.html (Accessed: 5 March 2015) Contraception. Division Of Reproductive Health. (2015, February 24) CDC Available at: http://www.cdc.gov/reproductivehealth/unintendedpregnancy/contraception.htmà (Accessed: 5 March 2015) Types Of Oral Contraceptives. (2010, December 12) OralContraceptives.com Available at: http://www.oralcontraceptives.com/about_types.asp (Accessed: 5 March 2015) Contraception Guide. (2015, February 2) nhs.uk Available at: http://www.nhs.uk/Conditions/contraception-guide/Pages/contraception.aspxà (Accessed: 5 March 2015) Plan B. (2007, May 24) rxlist.com (Drug index) Available at:à http://www.rxlist.com/plan-b-drug.htmà (Accessed: 5 March 2015) Yasmin. (2012, April 23) rxlist.com (Drug index) Available at:à http://www.rxlist.com/yasmin-drug.htmà (Accessed: 5 March 2015) Ortho Micronor. (2008, July 24) rxlist.com (Drug index) Available at: http://www.rxlist.com/ortho-micronor-drug.htmà (Accessed: 12 March 2015) Mircette. (2012, July 27) rxlist.com (Drug index) Available at:à http://www.rxlist.com/mircette-drug.htm (Accessed: 12 March 2015)
Friday, October 25, 2019
Economy, Morality, Gender, and Ethnic Stereotyping Essay -- essays Pap
Economy, Morality, Gender, and Ethnic Stereotyping Critical Essay on Pinocchio Disney's Pinocchio has been a long time favorite of American culture. However, time has changed and so has our culture. We are no longer described or categorized by being white, European, primarily heterosexual, Protestant, and bourgeois. I have to argue that that stereotype is still in effect. As times have changed so have our people and their values. Now, we are described as "The Melting Pot" of religions, race, sex, and class. Pinocchio was fitting for the culture of 1940 but as for now it not so appropriate. Industrialism, Capitalism, and the ruling bourgeoisie are the themes in this movie not only because they probably reflect Walt's own life but American life as well. Americans were thrust into the Capitalist ideal in the Post War years and I feel Pinocchio reflects that ideal. After WWII Americans wanted to boost the economy. One of the ways of doing this was by propaganda. Pinocchio is a prime example of such propaganda. The economy was ghastly, buildings were flattened in Europe, and the process of "rebuilding" was daunting because Europe was demolished. In 1946 Pinocchio was playing in Europe but ââ¬Å"no revenue was coming in due to the damaged economy,â⬠(). The ideal was to be white, heterosexual, masculine, Protestant, bourgeois, young, and American as listed in the "Text Book" on page 186. To drive society into this ideal mass media was utilized. In Classical Marxist terms, "The mass media are a 'means of production', which in capitalist society are in ownership of the ruling class. According to this stance, the mass media functioned to produce 'false consciousness' in the working-classes," ( ...g and racism is looked upon as ignorant and politically incorrect. We no longer have separate water fountains and schools for whites or blacks, which is a great accomplishment, and we no longer find "No Irish Need Apply" signs hanging in employing restaurants. Pinocchio is a confirmation to the many changes that have taken place in today's society. Yet, if it were played now instead of then I know the film would never make it in the theatres. We have grown far beyond the ideals that Walt Disney portrayed in his Pinocchio movie and I am proud of that accomplishment. Instead of viewing the film with the innocent mind of a child unknowing and trusting I viewed the film as a scholar. I saw the film as abrasive and obviously its motive to me was full of propaganda to get our nation to work harder. It is a shame that our children had to be used to subject us to that model. Economy, Morality, Gender, and Ethnic Stereotyping Essay -- essays Pap Economy, Morality, Gender, and Ethnic Stereotyping Critical Essay on Pinocchio Disney's Pinocchio has been a long time favorite of American culture. However, time has changed and so has our culture. We are no longer described or categorized by being white, European, primarily heterosexual, Protestant, and bourgeois. I have to argue that that stereotype is still in effect. As times have changed so have our people and their values. Now, we are described as "The Melting Pot" of religions, race, sex, and class. Pinocchio was fitting for the culture of 1940 but as for now it not so appropriate. Industrialism, Capitalism, and the ruling bourgeoisie are the themes in this movie not only because they probably reflect Walt's own life but American life as well. Americans were thrust into the Capitalist ideal in the Post War years and I feel Pinocchio reflects that ideal. After WWII Americans wanted to boost the economy. One of the ways of doing this was by propaganda. Pinocchio is a prime example of such propaganda. The economy was ghastly, buildings were flattened in Europe, and the process of "rebuilding" was daunting because Europe was demolished. In 1946 Pinocchio was playing in Europe but ââ¬Å"no revenue was coming in due to the damaged economy,â⬠(). The ideal was to be white, heterosexual, masculine, Protestant, bourgeois, young, and American as listed in the "Text Book" on page 186. To drive society into this ideal mass media was utilized. In Classical Marxist terms, "The mass media are a 'means of production', which in capitalist society are in ownership of the ruling class. According to this stance, the mass media functioned to produce 'false consciousness' in the working-classes," ( ...g and racism is looked upon as ignorant and politically incorrect. We no longer have separate water fountains and schools for whites or blacks, which is a great accomplishment, and we no longer find "No Irish Need Apply" signs hanging in employing restaurants. Pinocchio is a confirmation to the many changes that have taken place in today's society. Yet, if it were played now instead of then I know the film would never make it in the theatres. We have grown far beyond the ideals that Walt Disney portrayed in his Pinocchio movie and I am proud of that accomplishment. Instead of viewing the film with the innocent mind of a child unknowing and trusting I viewed the film as a scholar. I saw the film as abrasive and obviously its motive to me was full of propaganda to get our nation to work harder. It is a shame that our children had to be used to subject us to that model.
Thursday, October 24, 2019
Presidental powers Essay
In 2008, The Supreme Court heard and decided a case involving a fundamental right of citizens, that of habeas corpus. Habeas corpus is the right of an accused person to go before a magistrate (judge) and hear and respond to the charges under which they are being held. In this particular case, Boumediene v. Bush (2008) a number of complications are involved in what at first blush appears to be a relatively simple determination. Throughout history, the Executive Branch has assumed extra-constitutional powers in times of war. A troublesome aspect of this phenomenon is the fact that the Executive Branch itself most often defines the terms and limitations of its own power. Historically, the Executive Branch has acted in times of war as it pleased, pleading the exigencies of war, and has deferred judgments about their actions until after the fact. (Smith, 1997) The Executive has also had an adversarial relationship with both the Legislative and Judicial Branches with respect to these issues. Despite provisions in the constitution designed to avoid such eventualities, the reality is that, in times of war, all the branches of government are complicit in granting the executive branch dictatorial powers, including the ability to suspend habeas corpus. (Smith, 1997) The ââ¬Å"flexingâ⬠of executive muscle during times of war began in the United States as early as 1798. President John Adams encouraged congress to pass the Alien and Sedition Acts, which severely curtailed speech and print criticisms of the government, . Sedition Acts 1798) and gave the Executive the power to deport non-citizens the Executive deemed ââ¬Å"dangerous to the peace and safety of the United States. â⬠(Alien Act 1798) The fact that Congress passed these bills illustrates a number of informative underlying points regarding the issue. First, the Alien Act avoided constitutional conflict by designating as its targets non-citizens. (Alien Act 1798) Also, Congress, as an entity of the governme nt, felt that the Sedition Act served them as well as the executive. (Sedition Acts 1798) A further point here is that the exigent circumstances in this case consisted of an undeclared war. Underlying the logic behind allowing extra-constitutional presidential power during war is the fact that the executive cannot declare war, congress must do this. (Smith, 1997) Thus, the circumstances surrounding the Alien and Sedition Acts initiated a dubious and dangerous precedent wherein the President is allowed to determine when and if a state of war exists in order to exercise extra-constitutional powers. It should be noted that these Acts, and Adamsââ¬â¢ actions under them, did not go unchallenged. (Smith, 1997) They gave particular strength to the Jeffersonian Republicansââ¬â¢ claim that Federalist government exercised too much power. They also provoked Kentucky and Virginia to publish resolutions promoting the notion of State sovereignty. (Virginia and Kentucky Resolutions 1798-9) The outrage caused by these laws became a major factor in Adams loss to Jefferson in the election of 1800. (Smith, 1997) In a sense, then, one could argue that the Constitutional design of frequent elections remedied the abuse of executive power. This argument, however, ignores the failure of the checks and balances system to correct the problem. Ironically, the next President to test the use of extra-constitutional authority during an undeclared war was Thomas Jefferson. Smith, 1997) He attempted to enforce the Embargo Act of 1807 by charging violators with treason. This action was quickly repudiated by the federal courts. (Smith, 1997) In this instance, checks and balances worked. It should be noted, however, that Jefferson only acceded to the will of the Courts because he did not feel it a sufficient cause to ignore them. (Smith, 1997) While Andrew Jacksonââ¬â¢s tenure as president served as a model for ignoring both checks and balances, and statesââ¬â¢ rights, he did not bother to excuse his actions as the exigencies of a state of war(Smith, 1997). This being the case, while his administration did serve to illustrate a great weakness in the system of checks and balances, that of lack of enforcement power, it is not particularly relevant to this thesis. The first president to exercise extra-constitutional power during a declared war was Abraham Lincoln. (Smith, 1997) Lincoln first suspended habeas corpus in areas in rebellion against the United States. One could argue on a legal basis that he did nothing particularly unconstitutional in this case because the areas in question were in rebellion and his authority over them dubious at best. Smith, 1997) However, when Lincolnââ¬â¢s political opponents in the ââ¬Å"loyalâ⬠United States began voicing opposition to his act, he suspended Habeas Corpus throughout the nation in 1862, and began jailing citizens for criticizing his actions. (Lincoln, 1862) Additionally, he began to prosecute American citizens in military tribunal courts for treason, precipitating the death penalty in some cases. (Smith, 1997) It wasnââ¬â¢t until 1866, after the war and Lincolnââ¬â¢s death that the Supreme Court rejected Lincolnââ¬â¢s actions, restored habeas corpus, and set aside a military tribunalââ¬â¢s sentence. Ex parte Milligan, 1866) Denial of the writ, argued Justice Davis for the Court, made it impossible for the accused to attain redress from the admittedly biased military tribunal. (Ex parte Milligan, 1866) During WWII, the issue of individual constitutional rights of citizens during war time again reared its head with Executive Order 9066. This order authorized the Military to designate citizens of Japanese descent as ââ¬Å"dangerousâ⬠, (Roosevelt, 1942)deprive them of property and intern them in relocation camps without charge and with no burden of proof to justify their incarceration. Roosevelt, 1942) This action is frightening for a number of reasons: first, it was aimed at citizens, not non-citizens, it clearly violated several elements of the constitution and virtually every part of the Bill of Rights, (Roosevelt, 1942) it went unchallenged by most of the United States citizenry, and it was essentially upheld by the US Supreme Court in 1944. (Korematsu v. United States) The courtââ¬â¢s defense of the actions taken pursuant to Executive Order 9066, that is, Japanese Exclusion and Interment, was to argue that the exigencies of war made it necessary. The court inexplicably dismissed the notion that the nature of the order itself was racist, and condoned the actions taken under it as necessary for the security of a nation at war. (Korematsu v. United States, 1944) The relationship of the Legislative branch to these circumstances, going all the way back to 1798, is complicit. They passed the sedition acts, passed laws in accordance with Lincolnââ¬â¢s findings, and offered no objections to Rooseveltââ¬â¢s behavior. It wasnââ¬â¢t until the era of Vietnam that the Legislative branch began to actively oppose executive ââ¬Å"overreachingâ⬠using war as an excuse. (Smith, 1997) When Lyndon Johnson, and then Richard Nixon used executive power to expand an unpopular war, Congress responded with the War Powers Act. (1973) This law makes pointed and explicit references to the Constitution and frames itself as restoring the constitutional balance of power by limiting the time and nature with which the President can act militarily without the consent of congress. This is the first time that Congress has recognized the constitutional problems associated with undeclared wars. (War Powers Act, 1973) All of this history is the groundwork upon which executive, judicial and legislative action occurred with respect to the ââ¬Å"war on terrorismâ⬠in the post- 9-11 United States. The Executive has informally redefined the nature of war, and in so doing, has effectively reversed the balance attempted by the War Powers Act. Smith, 2007)The nature of checks and balances, since 2001, has regressed to WWII levels of abuse, but this time without even the nominal justification of a declared war. Political considerations of short-sighted politicians led to the passage and renewal of the Patriot Act of 2001. While most of this law contains reasoned measures to increase domestic security, section 106 contains extremely troublesome language in that it appears to give the executive a ââ¬Å"blank checkâ⬠when dealing in activities that are counter to terrorist activities. It reads, in part: â⬠¦when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. â⬠ââ¬â Patrio t Act of 2001 HR 3162 RDS (2001) (italics added) Under this umbrella, provisions, such as unwarranted wire taps within the United States become nominally legal. The federal courts, including the Supreme Court, have rallied around some of the provisions of the Patriot Act, while rejecting others. A key part of the act Scrutinized by Supreme Court is the denial of habeas corpus to ââ¬Å"enemy combatantsâ⬠held in Guantanamo Bay. In 2004, the Court determined that such enemy combatants had the right to petition for habeas corpus. (Rasul v.à Bush) The reasoning within the argument held that despite the fact that the area of detention in this case was Guantanamo Bay in Cuba, the U. S. held sufficient Jurisdiction that the right of Habeas Corpus did indeed apply. (Rasul v. Bush, 2004) This case opened the door to detainees challenging the nature of their detention on constitutional grounds. For the first time, the Courts heard circumstances and conditions of detainees and were able to adjudge the constitutionality of these activities. (Smith, 2007) Finally, in 2008, a deeply divided Supreme Court took the final step in securing detainees rights under the constitution by allowing them to appeal their detention to civilian courts. This decision states that the president had acted unconstitutionally in denying civilian due process. (Boumedien v. Bush, 2008) The fact that this case was extremely political in nature, having potentially significant impact on the presidential elections, illustrates a fundamental shift in the balance of power between the three branches of government. The ââ¬Å"power of the purseâ⬠by which Congress could nominally control military actions by directing funding has been blunted by political considerations. Members of Congress cannot advocate cutting or eliminating funding for operations already in progress, since that action would manifestly compromise security, and endanger the lives of US military combatants. To advocate for funding cuts to military operations would be political suicide; thus the pendulum of War Powers has shifted back to the executive. Thought the constitution grants the singular power to declare war to congress, it is frustratingly vague as to what constitutes such a declaration. (Smith, 1997)That ambiguity has been exploited by the Executive Branch to keep the country mired in an unpopular war, and to exercise significant extra-constitutional powers both within and outside of the United States. While the nature of the dynamic between the Legislative and Executive branches in matters pertaining to war have historically been amiable, in the case of Vietnam and afterward, the relationship has been unbalanced and hostile.
Wednesday, October 23, 2019
Civic Speech Outline – Teachers
He told his Peasant Princess that she would want for nothing. Well this was new. ââ¬Å"If I want for nothing, then what want do I want? ââ¬Ë She thought long and hard about what she could do with her life. The Peasant Princess finally had an opportunity for a proper education. She loved children, and she spent all of her free time creating art projects. Why not combine all the things she loves? Education, Kids, Artsâ⬠¦ Do you see where this is going? As an elementary art teacher, she could spend every day doing all the things she loves. And they lived happily ever after!Well yes they did however this Isn't the end of our story. Soon thereafter, Prince Charming ââ¬Ës kingdom was overthrown by an evil king named Private Equity Firm. Private Equity took over the kingdom and stripped the Prince of his throne. Once again, the Prince and Princess were struggling peasants. No longer could she invest her time and limited resources in a future career that would pay no return beyond the humble reward of tiny smiles. Goal/Purpose My civic engagement, or calling, was to be an elementary teacher. Today, we will explore the passion many people share to be a teacher.We'll discuss the many benefits and rewards of the position. Then we will question, if it's so great why are so many teachers leaving the profession, within years of obtaining their degree, or In my case, even before then. In another lifetime, or should I say In a land far far away, this was my dream. L. Why? For me? A. . It wasn't the money, my prince provided well. Negative experience as early as Kindergarten. Ensure that didn't happen to others. Iii. V. This was my natural calling. Who I am. How I act. I wanted to make a difference and feel proud. B. For others? According to UNC (Univac of North Carolina, not Colorado) 9 Reasons to be a Teacher Experience the Joy of Making a Difference Have a Vocation, Not a Job 2. Enjoy Interpersonal Interaction 3. Benefit From Variety 4. Laugh Every Day 6. Have a H igh Level of Autonomy 7. Spend More Time With Your Family 8. Enjoy Lots of Vacation 9. . Summarized . Rewarding I'. Fun Summers off ââ¬Ëv. Vocation II. How many are leaving? The National Commission on Teaching and America's Future estimates one-third of all new teachers leave after three years, almost half after five years! B.Statistics show 40% of students who pursue undergraduate degrees NEVER enter the classroom. I. Take other Jobs instead. Ill. Why? A. You heard my reason. I. Money can't buy happiness? Neither can poverty. It. Ranked #2 of the 30 worst paying college majors. Iii. #22 on a list of lowest paying Jobs that require a bachelors degree lb. Salary the US $35,000. 1. 40 hours = roughly $17 [hour. 2. +30 hours/week grading and planning = $10 b. Other reasons from teachers who left the profession: Starting I. ââ¬Å"One of the big reason I quit was intangible, but very real. It's Just a lack of respect. â⬠ii. Teachers in schools don't get to call the shots. I no longer have control ever how I teach my classâ⬠iii. ââ¬Å"Lack of respect from parents who feel ââ¬Å"my taxes pay your wages, so you work for me lb. From older male teachers ââ¬Å"l eventually felt pressured to advance into higher-level administration. â⬠v. ââ¬Å"There is an overwhelming amount of after-hours work that cannot make up for the free summersâ⬠c. Neighbor I. Kindergarten teacher-two boys-heading to Jar high. It. Spends more on supplies and decorations for her classroom each year, than she earns. Ill. Once her children no longer attend this school, she plans on leaving as well.Conclusion Today, I shared with you my lost civic engagement to be an elementary school teacher. My children are no longer in grade school; in fact they are now in college themselves. My educational path will eventually bring me too point where I can teach at the college level and by then my grandsons will be attending college themselves. I honestly don't know what I would adv ise if they chose to be elementary teachers. In case you didn't catch it. I am the princess, although we have never quite been poor peasants. My husband was, is, and always will be my prince charming. And yes, we live happily ever after! Class Dismissed!
Tuesday, October 22, 2019
Cats Essays (434 words) - Cats In Popular Culture, Cats, Free Essays
Cats Essays (434 words) - Cats In Popular Culture, Cats, Free Essays Cats The English word cat (Old English catt) is in origin a loanword, introduced to many languages of Europe from Latin cattus[14] and Byzantine Greek , including Portuguese and Spanish gato, French chat, German Katze, Lithuanian kat and Old Church Slavonic kotka, among others.[15] The ultimate source of the word is Afroasiatic, presumably from Late Egyptian aute,[16] the feminine of aus "wildcat". The word was introduced, together with the domestic animal itself, to the Roman Republic by the 1st century BC.[citation needed] An alternative word with cognates in many languages is English puss (pussycat). Attested only from the 16th century, it may have been introduced from Dutch poes or from Low German puuskatte, related to Swedish kattepus, or Norwegian pus, pusekatt. Similar forms exist in Lithuanian pui and Irish puisn. The etymology of this word is unknown, but it may have simply arisen from a sound used to attract a cat.[17][18] A group of cats is referred to as a "clowder" or a "glaring",[19] a male cat is called a "tom" or "tomcat"[20] (or a "gib",[21] if neutered), a female is called a "molly"[citation needed] or (especially among breeders) a "queen",[22] and a pre-pubescent juvenile is referred to as a "kitten". The male progenitor of a cat, especially a pedigreed cat, is its "sire",[23] and its female progenitor is its "dam".[24] In Early Modern English, the word kitten was interchangeable with the now-obsolete word catling.[25] A pedigreed cat is one whose ancestry is recorded by a cat fancier organization. A purebred cat is one whose ancestry contains only individuals of the same breed. Many pedigreed and especially purebred cats are exhibited as show cats. Cats of unrecorded, mixed ancestry are referred to as domestic short-haired or domestic long-haired cats, by coat type, or commonly as random-bred, moggies (chiefly British), or (using terms borrowed from dog breeding) mongrels or mutt-cats. While the African wildcat is the ancestral subspecies from which domestic cats are descended, and wildcats and domestic cats can completely interbreed, there are several intermediate stages between domestic pet and pedigree cats on the one hand and those entirely wild animals on the other. The semi-feral cat is a mostly outdoor cat that is not owned by any one individual, but is generally friendly to people and may be fed by several households. Feral cats are associated with human habitation areas and may be fed by people or forage in rubbish, but are typically wary of human interaction
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