Monday, February 24, 2020
European Law - Essay Example The European Union law is a set of treaties, law and court judgments. These operate alongside the legal systems of the member states of the European Union. It has a direct effect among within the member states of the European Union. When conflicts occur this law takes precedence over national laws. The primary source of the European law is the European Union treaties. These treaties are set on broad policy goals and establish institutions that can enact various types of legislations in order to achieve these goals. There are two types of legislative acts of the European Union, they are regulations and directives. Regulations become law when they come into force in member countries. They do not require any implementing measures and automatically overrides conflicting domestic provisions. The directives of the European Union require member states to achieve a certain result. Meanwhile it is left to the member countries how they are to be implemented. All the European Union legislations derive from the decisions that are taken at the European Union level. But the implementation largely occurs on the national level. Therefore the principle of uniformity is one of the central themes in the decisions made by the European court of justice. This court aims to ensure that the application and interpretation of the European Union laws does not differ between the member states (Application of EU law. 2010). The general principle of the law is found in almost every legal systems of Europe. Moreover the European court of justice has induced them into the legal orders to supplement all the written sources of the law and the treaties that are used as an aid for interpretation. The main principles of this law are protection of fundamental rights of citizens, principle of equality and discrimination, right of defense, principle of legal certainty, principle of
Friday, February 7, 2020
Shopping For Theoretical Perspectives at Wal-Mart - Essay Example However, delving on Wal-MartÃ¢â¬â¢s vision reveals its latent function of improving the well-being of consumers. A few centavo savings while seem so small and unnoticeable, may substantially accumulate in time and contribute to Ã¢â¬Å"the prosperity poolÃ¢â¬ (Kennon). Controlling the market, however, implies power over the consumers. Wal-MartÃ¢â¬â¢s ability to decide what goods they sell appears to be a social dysfunction because of its discretion to discard locally produced services and goods (Preet). However, this dysfunction becomes itself a trigger for social change as it challenges the smaller stores and local producers to compete, thereby improving the quality of goods and services. Wal-Mart has likewise been viewed as implicating a class struggle. The lower, middle and higher classes maintain their status not because of the price factor but because of Wal-MartÃ¢â¬â¢s control over their workers. If you try to examine the employees inside Wal-Mart, you cannot help but n otice the workers as the force that runs the entire establishment, yet outside you will hear how the company keeps them non-unionized. Low prices equate low wages for its employees, thus creating a continuous cycle of exploitation of the workforce, which in turn reinforces social inequalities. While Wal-Mart tapped into a fertile market for high profitÃ¢â¬âthe poor (Heyer 2), it has simultaneously contributed to class conflict as the Ã¢â¬Å"poor gets poorer and the rich richerÃ¢â¬ Ã¢â¬âthe lower class being its source of low-wage manpower. It is, therefore, Wal-MartÃ¢â¬â¢s social responsibility to improve conditions of employment and raise the level of social aid to the poor: starting with its workers. Ameliorating inequities begins with modifying its ways: welcoming unionization as a key to social change.Ã
Wednesday, January 29, 2020
The Progressive Era Essay The Progressive Era began in the mid 1890Ã¢â¬â¢s and continued through World War I.Ã It was a time when individuals were beginning to have concerns with the state of society and how government was going to handle the problems.Ã It also brought about a belief in human compassion and how new innovations along with scientific investigation could somehow show what the problem was with ways of solving the problems.Ã Two prominent figures during this era were Theodore Roosevelt and Woodrow Wilson who were both national spokesmen for the movement. Ã The sediment it spread changed society to what we know today, Ã¢â¬Å"it affected large numbers of people and expressed at many levels the excitement of progress and changeÃ¢â¬ (633).Ã Muckraking was a term used for a journalism style of that time.Ã Theodore Roosevelt coined this term in 1906 to Ã¢â¬Å"describe the practice of exposing the corruption of public and prominent figuresÃ¢â¬ (632).Ã This journalistic voice spread progressivism and the ideals associated with this movement very fast and to a large audience. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Progressivism was enmeshed in all parts of society.Ã In the political arena it called for reformation of problems that involved city, state and nation.Ã Intellectually, Ã¢â¬Å"it drew on the expertise of the new social sciences and reflected a shift from older absolutes of class and religion to newer schools of thought that emphasized physiological explanations for behavior, the role of the environment in human development, and the relative nature of truthÃ¢â¬ (633).Ã It brought about a cultural change that included expression in dance, film, painting, literature, and architecture.Ã It became the attitude and a movement that society as a whole embraced fully. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The appeal of this movement involved a wide variety of individuals that included the middle class, laborers and farmers.Ã In the business community it gained a large following with ideals of expansion and money.Ã The leaders were young educated men and women that had experience in Ã¢â¬Å"law, medicine, religion, business, teaching, and social workÃ¢â¬ (633).Ã With these young leaders came the ideology of an improved society using their expertise. There was not one single cause to unite the group, but their one single goal and that was to help create a better world in helping people to achieve this.Ã Their belief was strong Ã¢â¬Å"the high compliment of believing that, once they knew the truth, they would act upon itÃ¢â¬ was said by the social reformer Florence Kelley an active participant in progressivism.Ã Ã Knowledge was an important key in this movement and formed a bond between people bringing them together instead of dividing them and pulling disheartened groups together in an effort to improve the well-being of everyone in society. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Where Populism came out of rural America, Progressivism gained support across the whole country.Ã Its starting ground came from cities with individuals that were feeling the pressures of urban living and factory life.Ã This social justice movement had its attention on the national need for housing laws, better child labor laws and better working conditions for women. Individual groups of reformers were also able to pressure municipal agencies Ã¢â¬Å"for more and better parks, playgrounds, day nurseries, schools, and community servicesÃ¢â¬ (636).Ã These reformers wanted a cure to suffrage rather than using charity as a bandage.Ã Instead of individual needs they wanted to focus more on scientific analysis of neighborhoods, occupations, and classes of people for a change to better society as a whole.Ã This group was most successful in passing state laws limiting the work hours for women and their right to vote. Another doctrine to come from this era was pragmatism.Ã A psychologist, William James had a view on the role of environment and its effect on human development along with the role humans had on the environment.Ã This doctrine became the main mindset for Americans from 1890Ã¢â¬â¢s to World War I.Ã He believed there were no abstractions to truth, Ã¢â¬Å"True ideas are those we can assimilate, validate, corroborate and verify.Ã False ideas are those we cannotÃ¢â¬ (639).Ã Everything was pretty much black and white at that time. Ã John Dewey applied this doctrine to education reform and the theme to emerge was that Ã¢â¬Å"thought evolves in relation to the environment and that education is directly related to experienceÃ¢â¬ (639).Ã This revolution in education addressed the needs and capabilities of the children.Ã Not only was this theory applicable in education it could be applied to law.Ã Because law reflected the environment that it shaped, this was throwing away the old concept that law was universal and unchanging.Ã It was understood that variables in the environment affects the actions of humans. Reformation of cityÃ¢â¬â¢s and states was another accomplishment of this era.Ã Municipal governments were desired that would tighten its grip on corporate activities, helped to widen utility regulations and to restrict city franchises.Ã Efficiency and results were the theme and it was a generation of the belief in civil service.Ã Though this thought was micro a macro theme was needed and it was understood that government beyond the city limits would need to become universal for society as a whole to get along .Ã State government during the 1890Ã¢â¬â¢s to 1920 worked to stiffen laws that regulated Ã¢â¬Å"the labor of women and children, create and strengthen commissions to regulate railroads and utilities, impose corporate and inheritance taxes, improve mental and penal institutions and allocate more funds for state universities, the training ground for the experts and educated citizenry needed for the new societyÃ¢â¬ (642). During these years the industrial system had great changes employing thousands of workers and equipped with assembly lines to produce large numbers of any product that they were producing.Ã Results and efficiency was required to expand the company and managerial skill of the business world be used to achieve this goal.Ã The innovation of the model T and using the assembly line system was the seed for success of businesses today.Ã Ã Ã This was a time when big business was swallowing up the small business. Ã With this huge growth of business came the debate over trusts which influenced politics throughout the Progressive era.Ã Mass production enabled industry to create bigger, better and more products.Ã Yet this also is the time when jobs were very dangerous and unchecked.Ã It wasnÃ¢â¬â¢t until a fire at the Triangle Shirtwaist Company that killed over 500 men and women immigrants that attentions on unsafe working conditions were recognized.Ã Union membership was founded and striking became a way to change how the companies handled their employee who worked for them.Ã This created more leisure time for employees giving room for play and enjoyment of the arts. Past time games of football created the fans and movie theaters opened to audiences during this era.Ã When thinking of the reforms of this era you canÃ¢â¬â¢t forget the changes to how Americans spend their leisure time or for that matter just having leisure time.Ã Ã Dancing, music, and even literature the director of the New York Metropolitan Museum said in 1908, Ã¢â¬Å"There is a state of unrest all over the world in art as in all other things, it is the same in literature, as in music, in painting, and in sculptureÃ¢â¬ (654).Ã This and all that is what came out of the Progressive Era. Works Cited Divine, R.A., Breen, T.H., Fredrickson, G.M., Williams, R.H. (1987). America Past Ã and Present 2nd. Ed.Ã Illinois: Scott, Foresman and Company.
Tuesday, January 21, 2020
Truth Disguised by Words Throughout history people have used disguises to deceive others to hide their true identity. Hiding ones true identity is a predominant theme throughout King Lear for characters dress up to deceive their friends and family. Another use of disguise in this play is using words to hide ones true emotions and personality. Words have a strong importance to the characters in this play which leads to easy manipulation. Three characters use words that do not reflect their true feelings to deceive and manipulate their friends and family to do things that they would otherwise not do if their true intentions were know. These three characters are Goneril and Regan, the two eldest daughters of King Lear, and Edmund, the illegitimate son of Gloucester. They lie, deceive, fabricate evidence, overpower and betray their father and the other people closest in their lives, including each other. All three of these characters have used their mastery of the English language to portray an intention differe nt from their true feelings and emotions and succeed in fooling the other characters in the play to obey them. Throughout King Lear cruelty and selfishness is an ongoing theme and sentiment which is mainly generated from Lear's two eldest daughters, Goneril and Regan. Though these two sisters are virtually one character during most of the play they do even turn on each other when need takes over their heart. Goneril and Regan begin the play by professing their deep undying love for their father. These speeches were necessary if they wish to aquire their deserved piece of land and power from their father. In these two speeches Goneril and Regan use such phrases as "A love that makes breath poor and speech unable"(I, i, 60) and "And find I am alone felicitate / In your dear highness' love." (I, i, 75-6) while the daughter with the truest love towards her father refuses to speak for she "cannot heave / My heart into my mouth."(I, i, 91-2). The love Cordelia could not express in words her sisters were able to so insincerely, for if their love was true love it wo uld not be able to be expressed in just words because emotion would take over any meaning words had. This is the first time we see them speak in the play and their first words are insincere which is definitely a sign of the lack of respect they give to the meaning of words throughout the continuation of the play.
Monday, January 13, 2020
Today it is not unusual to see people of all different races, ethnic backgrounds or cultural groups living in one society. Our society is formed of a mix of different people and sometimes it is not easy to define ones self. Since we live in a society that is influenced by many social aspects expressing ones personal identity may be a hard task. Aspects of society that make it hard to identify ones self include a persons sexual orientation, their ethnicity and their lifestyles. In society there are many labels that are put on people because of their sexual orientation. For years people have been taught that the correct way to live is to be in a heterosexual marriage. Andrew Sullivan states in his article What Are Homosexuals For? that Ã¢â¬Å"Heterosexual marriage is perceived as the primary emotional goal for your peers; and yet you know this cannot be your fateÃ¢â¬ (Sullivan 351). By stating this Sullivan makes it apparent that being a homosexual presents a challenge for the individual because he or she is considered different then others because of his or her sexual orientation. Sullivan also inquires the idea that without homosexuals in todayÃ¢â¬â¢s society there are some things that would never be made sense of or even acknowledge. Sexual orentation may not be accepted by many in society, but it is a growing idea that people are becoming more adapt to because it is being exposed more and more in society. Another problematic area to identifying ones self is their ethnicity. Society sometimes does not make it easy to express yourself if you are not white. What I mean by this is that sometimes because youÃ¢â¬â¢re of a different race other then white like Spanish or African-American there may be disadvantages for you in society. For instance, I have a friend named Pedro and because Spanish is the only language he knows fluently before taking regular English courses in college he must first take and pass English as a second language. Language barriers are a part of everyday life for minorities. Not only does this mean that they will have to learn our English language it also means that they must find a way to hold on to their personal cultural backgrounds. A persons lifestyle can influence their role in society not only does it define who they are but it may present obstacles when trying to be acceptedÃ in society. Zora Hurston lived in an all black society and was conditioned to their way of life and knew no other. Hurston states, Ã¢â¬Å"White people differed from colored people to me only in that they rode through town and never lived thereÃ¢â¬ (Hurston 385). It was not until Hurston left her society that she realized that her lifestyle was much different then others. She expected that people of different cultures or who grew up in other areas had the same mind set as her, she found this not true. Despite the fact that she was colored there were many things that differed between her and society as whole. It was not just the color of her skin. A multicultural society presents obstacles to all humans, every person tries to find out who they are and where they stand in the world. Homosexual, heterosexual, Spanish, English, black or white it does not matter where you come from or what you look like there are always social changes, stereotypes, ethnicity differences and cultural differences, itÃ¢â¬â¢s just a way of life. Works Cited Huston. Zora Neale. Ã¢â¬Å"How It Feels to Be Colored Me.Ã¢â¬ The Presence of Others. Ed. Andrea A Linsford and John J. Rusziewicz. Boston: Bedford/St. MartinÃ¢â¬â¢s, 2000. 384-88. Sullivan, Andrew. Ã¢â¬Å"What Are Homosexuals For?Ã¢â¬ The Presence of Others. Ed. Andrea A. Linsford and John J. Rusziewicz. Boston: Bedford/St. MartinÃ¢â¬â¢s, 2000. 350-59.
Sunday, January 5, 2020
Introduction This document is an summary introduction of XYZ Technologies Inc. this summary represents the different details about the company as a whole and it provides details about what the company does, how it works and the skills and products that it offers to its customers. This document also presents a legal strategy to assist XYZ Technologies Inc with its eCommerce business practice. The document includes XYZÃ¢â¬â¢s business formation, business models. The document also discusses details about the practice of XYZ Technologies IncÃ¢â¬â¢s Intellectual property and asset protection. The document also goes over the labor and employment agreement where we define the type of workers that work for the company and how the legal aspect of the Internet usage policy for the purpose of promoting employee diversification. The document also presents a section of transactional law. And finally the last section discusses the regulatory, compliance and liability issues within XYZ Company. Section 1: Business Formation, Business Models and Business Cycles Executive Summary XYZ Technologies Inc is a leader in global software development. Its headquarter office is located in Lynchburg, VA. XYZ TechnologiesÃ¢â¬â¢ products and services consist of specific products that the company offers to its different clientsÃ¢â¬â¢ portfolios. Such products are within the software development scope, including, without limitation, client software development, software support and maintenance, clientÃ¢â¬â¢s legacyShow MoreRelatedComputer Forensics Mission : A Private Company1467 Words Ã |Ã 6 Pageswhich XYZ Inc. are subject differ from the laws governing law enforcement agencies. However, as XYZ Inc. may turn over some forensic investigations to law enforcement as criminal cases, the laboratory must adhere to some laws governing the handling of evidence. Consent and Privacy All evidence examined by this laboratory must be legally obtained with respect to governing privacy laws. 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The question to answer by the analysis is there is a reduction in sales of hardcover and paperback books since the release of the electronic reading devices available. Continuing the analysis from the previous weeks, Team A researches Barnes Noble data collection techniques and performs further analysis. In reviewing the analysis data, the Team is able to explore potential challenges that can come from the validity and reliability of the questionnaireRead MoreFordist Principles1804 Words Ã |Ã 8 Pagestotal quality management, just-in-time inventory control, leaderless work groups; globalization of consumer goods markets, faster production life cycles, as well as intensive product/market segmentation and differentiation (Hounshell, 1984). Analysis As modern organizations grew larger, skills become increasingly fragmented and specialized and positions become more functionally differentiated. (Hardy Clegg, 1996). The best organizations/suppliers continuously update and upgrade their service
Friday, December 27, 2019
Traditional Originalism led the court as the method of constitutional interpretation until the late nineteenth century. Judges were compelled to interpret the Constitution based on the original meaning of the provisions. The Originalism view interprets the constitution line by line exactly as the founders would have found it. Later, during the early twentieth century, progressives in the legal community proclaimed that due to the changing social environment as time goes on in the nation, the political system needed to be reconfigured. They thought that the political system needed increased national government authority and a modern administrative state. They also thought that the increased national authority and modern administrative state wouldnÃ¢â¬â¢t work well with the traditional Originalism interpretation of the constitution. After long political battles in and out of the court, they won the argument and the Constitution would be adapted without formally amending it. Debates w ere waged over whether or not the Constitution could be changed through interpretation instead of the originalist requirement of amendment, and over whether or not the Constitution was to be viewed as living. The notion of a Ã¢â¬Å"living constitutionÃ¢â¬ was developed, and slowly set precedent as landmark cases made their way through the supreme court, and the interpretation of the constitution was put to the test. Now, the Constitution is interpreted according to what it says in itÃ¢â¬â¢s entirety, instead of lineShow MoreRelatedAn Introduction to the Constitutional Principles of American Government1406 Words Ã |Ã 6 Pagesa victory in what way soever. The most powerful Ã¢â¬Å"rules of the gameÃ¢â¬ is the Constitution and the most important thing is to construe it correctly. More than 200 years the US Constitution remains the organic law of successfully developing state, which territory and population have increased many times over, and the political and economic life has changed radically. In the context of United States constitutional interpretation, invariability, political stability and fundamental nature of this law ofRead MoreThe Debate On Constitutional Interpretation1730 Words Ã |Ã 7 Pagesdebate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist approach to the most l enient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this countryÃ¢â¬â¢s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreThe Constitution And The Law877 Words Ã |Ã 4 Pages Our Constitution is over two centuries old and since the birth of it as early as 1803 the Supreme Court defined its role and power in the case, Marbury v. Madison, 1803, establishing the authority to define what the law is. Thus, if the law is confusing, it is up to the courts to interpret the law through the process of judicial review. There is much controversy as to whether or not judges are following the laws as written or imposing their personal preferences and rewriting law to suit themselvesRead MoreThe Interpretative approach adopted by South African Courts Essay963 Words Ã |Ã 4 Pages1) INTRODUC TION: The enactment of both interim and final Constitutions ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BCLR 969 ( C ) at 985 is TRUE. 2) THE INTERPRETATIVE APPROACH ADOPTED BY SOUTH AFRICAN COURTS PRE- 1994: Before 1994 South Africa was a country based on Apartheid rules and regulations. The Parliament was the highest legislative body and it interpreted laws as it pleased, mostly inRead MoreInterpreting and Correcting the Constitutional907 Words Ã |Ã 4 Pagestake it a different way. As the audience changes, so does the meaning. When it comes to interpreting the Constitution, the same principle remains. It is extremely difficult to interpret the U.S. Constitution, because of its complexity and fragility. Also, the fact is when time changes, people change. In other words, different generations have different interpretations of what the Constitution says that they can do. Which leads to textualism, causing the judges of the Supreme Court to decide whetherRead MoreThe Case Of The United States Constitution1354 Words Ã |Ã 6 Pagesdocument to a contemporary situation, context is integral to proper analyzation. In the case of the United States Constitution, many political theorists share their opinion, on what they believe to be, the optimal interpretation of the document, however, only Antonin ScaliaÃ¢â¬â¢s originalist ideology repels personal and moral views during analysis and encourages understanding the Constitution as originally intended. It is not the job of a United States judge, nor should it be the job of one, to interveneRead MoreJudicial Review And The Indian Courts1444 Words Ã |Ã 6 Pagesvalidity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in public law, particularly in countries having a written constitution which are founded on the concept of limited government. Judicial review in this case means thatRead MoreThe Constitution Is Revered For Both Its Age And Its Brevity944 Words Ã |Ã 4 PagesThe U.S Constitution is revered for both its age and its brevity. The Constitution is a short and concise document has been able to stand the test of time and it has remained the ultimate guide of principles for law creation and enforcement. With that being said, the words of the Constitution are unclear in many respects. Politicians have debates over the Constitution due to the reason that it is difficult to figure out what the Framers meant when they originally wrote the Constitution. AccordingRead MoreThe Decision Of The Court Essay1691 Words Ã |Ã 7 PagesStewart, it is in the best interest of the country, and the Constitution that I urge you to not allow for a set of specific guidelines to be put in place to tell the Justices of the Court, how to interpret the Constitution. With the decision of Marbury v. Madison in 1803 the Court established its power of Judicial review(Judicial Learning Center, Web insert hyperlink), and it is up to the Just ices to decide when and how the Constitution will be interpreted. This memo will address the following issuesRead MoreStereotypical Portrayal Of Homosexuals And The Homophobia Towards Homosexuals1656 Words Ã |Ã 7 Pagesbecause of their view on constitutional interpretation. A Dworkinian approach was taken during this case because the court took more a legislative role than a judicial role. Ronald Dworkin recommends that judges approach the Constitution as Ã¢â¬Å"a constitution of principleÃ¢â¬ rather than a Ã¢â¬Å"constitution of detailÃ¢â¬ (Dworkin Ã¢â¬Å"The Constitutional DramaÃ¢â¬ , 119). Dworkin believes that this view of constitutional principle is keeping the framers original intentions and language in the constitution more than an originalists