Friday, September 13, 2019
The habeas laws Essay Example | Topics and Well Written Essays - 2500 words
The habeas laws - Essay Example . The notable ones among these include the Vietnamese war, the war with the Iraqi government under the strong leadership of the famous President Sadam Hussein, the war against Osama bin Laden and his Afghanistan based terrorists group, The Al Qaeda, commonly known as the war on terror are some of the most recognized wars that the America government has fought since the end of the cold wars. The war on terror against the terror group of Afghanistan under the leadership of Osama bin Laden begun as a result of the bombing attacks on the twins tower and world trade center in Washington DC which led to the death of hundreds of people, dozens escaping with injuries of various degrees and thousands around the world grieving for the loss of their loved ones, friends and relatives. Over seven hundred prisoners have been captured In relation to these attacks, a couple of them have been tried and released without fines while some of them, around 169 are still serving jail terms in GITMO, a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. The bush administration chose on this land for the detention of these prisoners in order to escape the legal challenges that would arise from the supreme courts of America questioning the authenticity for the indefinite detention of the prisoners of war by the bush administration contrary to the requirements of the habeas corpus laws which gives rights to the detainees to be heard before detainment. The habeas corpus laws states that, any persons detained by the government is entitled to a judicial hearing to determine if there is any legal basis for their detention, that is, the law protects any detainee from detention lacking sufficient cause or evidence which is in line with articl e 1, section 9 of the constitution of the united states of America which states that ââ¬Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." (Jackson, 2006, 312) This paper will examine the right of habeas corpus in the context of the war on terror on the bid to offer protection to the detainees at GITMO and it origin development and existence in the American and British context today. The general meaning of the right of habeas corpus in the U.S. Constitution The habeas laws found their way into the American constitution through the suspension laws defined in the constitution of the United States of America which included the common laws of England. As a result this law was supported by the enactment of the article 1 section 9, clause 2 of the constitution demanding that ââ¬Å"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invas ion the public safety may require it." (Turner, 2002, 115) Carpenter notes that from the onset of this enactment, the constitution of the united states accords every person an undisputable right to make a plea to the federal courts for the summons of habeas corpus in case of any form of detention filled as pro se cases whereby the government is usually called upon to answer before the court the logical reason behind the arrest and detention of an individual by state authorities (Carpenter, 1902, 25). The habeas laws were then transmitted down to the individual state governments which as well allow their respective citizens to petition the state authorities in their own state courts with respect to their individual state constitutions when they happened to be sentenced by the state authorities. The federal habeas did not apply to those under police custody even up to the time of the war on terrorism. In order to ensure that state courts implement the federal
Thursday, September 12, 2019
What issues of discrimination regarding Women in America since the Essay
What issues of discrimination regarding Women in America since the 1920's have been successfully resolved -- and which issues have not yet been resolved - Essay Example This has seen the inclusion of women in politics, educational and economic settings among many other clusters in society. Discrimination and the fact that it was a global scenario affected all women all over the world. In the American setting, in the 1920ââ¬â¢s, women faced discrimination as a result of the innate capacities that patriarchal societies had imposed on them. In this era, women were to run home affairs and nothing more. It became worse for women who had other vulnerabilities. African American women, those disabled or from ââ¬Å"inferior racesâ⬠among other clusters faced severe discrimination as compared to their accepted counterparts. This paper aims to dissect all aspects of discrimination in the American society since the 1920ââ¬â¢s that have been successfully resolved. It will also discuss those aspects that have not been actively dealt with in the society. This is with the view of ensuring that there is room for advocacy and agitation with the view of ac hieving a global society free from discrimination against women. One issue that has been successfully resolved is the opportunities given to women in political participation. Women are today given equal opportunities as men in politics. Women are allowed to vote for their preferred candidates to hold various political offices. Women are also allowed to contest for elective political posts. They compete equally with men for such positions. Even after achieving the right to vote, very few women were elected to hold political positions. Currently, women are being allowed to hold powerful and influential leadership positions. During those days, women were barely allowed to hold any positions. In the past, womenââ¬â¢s roles were only confined to traditional roles such as working as teachers, domestic workers, nurses, secretary workers among other roles associated with women. Today, many women hold powerful leadership positions such as CEOs, secretaries of state and managers among others (Gregory
Wednesday, September 11, 2019
Legal Systems and Contract Law - resit Essay Example | Topics and Well Written Essays - 3500 words
Legal Systems and Contract Law - resit - Essay Example 4. The position of Constance in the existing circumstances and its impact on Calum. 5. Possible remedies available to Calum RULES In order to conduct a critical analysis of the case at hand, it is necessary to examine the relevant components of the English and the Scottish legal systems that differ. However, to set the discussion rolling, it is necessary to examine the general rules that define the concepts of offer, acceptance and contracts in both jurisdictions. English Common Law In order to form a valid contract, there must be an offer and an acceptance. In the general sense, an acceptance must match the terms of the offer and it. The specific method of acceptance must comply with the required method of acceptance1. Thus, if the offeror specifies that an offer must be accepted via one medium of communication, that medium must be used to accept the offer. In other cases, an equally appropriate method of communication of acceptance to the offeror might be sufficient to create a val id contract2. There is a general issue with acceptance of contract offers by post. This is because when a person accepts an offer via post, the offeror might not be aware. Some issues came up in relation to this trend of affairs and hence, a number of significant rulings came up which defined the postal rule in contract law. The postal rule states that an acceptance is effective the moment an offeree posts a document asserting his acceptance3. A lost letter or a delayed letter does not affect the validity of the acceptance4. However, in modern times, the postal rule applies where postal acceptance is specified as the means of accepting an offer5. Offer In the famous case of Routledge V Grant, it was accepted that an offer is valid until there is a revocation. In the case at hand, an offer was made by Grant to lease his premises to Routledge and he stated that he would keep the offer opened for 6 weeks. However, in the third week, Grant revoked the offer and sold it to another person . It was held that there was no contract between them and Grant could revoke the contract at any time and sell it to anyone he pleased6. This is the general law, however there are some modifications under Scottish Law in this. However, in Byrne V Van Tienhoven, it was established that revocation must be communicated to the offeree7. How an Offer May End It is a general position in English law that request for further details does not mean a rejection of the offer8. However, the lapse of reasonable time or specified time of the offer can render it invalid9. Also, failure to meet a given condition of the offer can render it terminated and the offer will not be available anymore10. A counter offer renders an offer invalid, however, in the case of Butler Machine Tools V Ex-Cello11, the House of Lords held that a counter offer creates some kind of bargaining which they called a ââ¬Å"battle of formsâ⬠in which the ââ¬Å"last shot winsâ⬠. Scottish Civil Law The relevant aspect of the Scottish civil law that is relevant in the law of contract relate mainly to promises, counter offers and remedies. They are discussed below. Promise A promise seeks to invoke a moral rule that obliges the promiser to keep his word. In most jurisdictions including English law, a promise invokes nothing more than a mere moral obligation which is not enforceable in court. However, promises
Tuesday, September 10, 2019
Nursing Practice in Singapore Research Paper Example | Topics and Well Written Essays - 2750 words
Nursing Practice in Singapore - Research Paper Example How do the patientââ¬â¢s vital signs affect your nursing care? Vital signs reflect a response to nursing and medical care. The patientââ¬â¢s BP will be checked before administering his BP medication, following which the BP will also be checked an hour following the administration of BP medication. Patientââ¬â¢s vital signs will be checked q 4 hours. Pain medication will be administered only if there is any pain and response to the medication will be checked after an hour of administration of the drugs. The main concern in this patient is blood pressure. The patient was a clerk in a private office until a couple of years ago when he sought voluntary retirement because of his illness. The patient lives with his wife. He has four sons, all of who are married and live separately. He does not have much financial help, except for some from his sons. He feels that racial discrimination and acculturation are two factors which ruined his life.à The patient went to Milby HS but did not graduate.à He could not graduate for financial reasons and other commitments. The patient is a cooperative person but is depressed because of his chronic illness. He enjoys movies. He is independent and is aware of his body needs and limitations. He, however, is unable to control the urge to consume alcohol. He does have a backache now and then but is not worried about that.à He enjoys a body massage. He does care about how he looks. In fact, he jokes that he is a ââ¬Å"shabby guyâ⬠. I explained to the patient about the diet he must be taking. The prescribed diet for him is a diabetic diet with low salt and low potassium food in view of hypertension and chronic renal failure. I provided the information in the form of a chart after consulting his daily food timings and interests. I made a tailor-made diet chart for him.
Monday, September 9, 2019
Leadership and Employee Morale Essay Example | Topics and Well Written Essays - 500 words
Leadership and Employee Morale - Essay Example While it may not help the company in the long term, the short-term benefit will be that the company will experience growth. Once the company starts to pick up, the company needs to come up with values that mean something to the corporate culture of the company. This could best be done by including employeesââ¬â¢ thoughts in this process. If employees are the force behind the companyââ¬â¢s values, then they are more likely to adhere to them. Once the values of the Leadership today have been formed, the leadership can then start planning where the company wants to go in the long term. This can be done by the company looking back at its past and planning for the future by getting thoughts from the outside (Kouzes and Posner 15). The relationship between the leadership and the employees will be central to the implementation of these plans. Because the workers are the driving force of the company, they should be able to dictate where they want to take it. The best type of working re lationship is one where there is a 50/50 splitââ¬âthe leadership works in conjunction with the employees to work out what is best for the company in the long term. Trust will be essential to this kind of relationship, because ââ¬Å"trust is the social glue that holds individuals and groups togetherâ⬠(Kouzes and Posner 15). The best types of leaders know that to gain the trust of their employees, they first have to give trust. Part of this could be by giving mid-level managers more freedom when dealing with their clients. This kind of trust is reciprocal because employees will feel empowered in their work efforts. The management of Leadership Today needs to be innovative because the company has been losing shares to its competitors. The solution to this problem will be to come up with new ways to capture the target market. Great leaders are able to create whole new markets by providing services that have
Sunday, September 8, 2019
Read intructions Essay Example | Topics and Well Written Essays - 1000 words
Read intructions - Essay Example Racial slurs can actually become a source of empowering the victimized individuals and groups. They can learn to value their individuality and their peculiar characteristics that differentiate them from others. By valuing their culture and norms, they can perhaps make others see that they might be different and unique, but in no way inferior or outcasts. It is therefore important to understand that it is up to the person who hears the word to make out positive or negative connotations. Optimism always helps- especially if one is surrounded by difficulties and hatred. It is not until a person realizes that his/her survival is at stake, when he/she decides either to face it or to give up. Those who face it are empowered by racial slurs, while those who give up get internally racist. Self examination and education have been the main factors of changing the mindset of the Black and Chink communities, which in turn changed the mentality of the oppressive communities. Education has changed the life style and the social status of the Blacks and Chinks. The contemporary society of US has to a great extent accepted the abilities of such communities who were victims of racism who have struggled to make a respectable place in the educational institutions, white collar professions and the main stream work force. Hence, they are accepted in the educational institutions and in all white collar professions, and respected for their hard work and courage to stand up to the racist slurs barked at them. This was however, not the case a few decades ago, when the oppressed communities had limited scope and horizon to take part as respectable or equal human beings in the betterment of the society. A Black US president demonstrates the evolution of the thinking pattern of the American people. It is one example how the oppressed communities derived strength from the
Saturday, September 7, 2019
Coporate social responsibility Article Example | Topics and Well Written Essays - 750 words
Coporate social responsibility - Article Example Srinivasan, in her article, emphases it is the responsibility of any business environment stakeholders to address the financial problems in the business environment of the developing economies, particularly in India. She notes that, in India, the key actors include the government, civil society, and the target businesses. However, Srinivasan notes that it is essential to examine distinct roles of each of these stakeholders. In understanding the roles of each stakeholder, Srinivasan citesà theà significance of evaluatingà social, ethical, and environment challenges that have significantly changed the tradition upon which business is understood in India especially the way it is taught in business schools (Srinivasan, 2012; pg. 104). Thus, this article examines how ethical and social factors have affected the Indian business environment and the ways it can be improved. The Indian corporations are indulging in fields including education and health with innovative and sustainability ideas towards delivering affordable and scalable products into the market. In other words, the incorporation of new techniques and ideas of addressing social and ethical issues will change the nature of the business activities from the traditional ways of handling business (Srinivasan, 2012; pg. 10). ... In conclusion, it is apparent that Srinivasan advocates for changes in numerous social and ethical issues in the Indian business environment in order to achieve the desired profitable business environment. However, these changes must be aimed at complying with the global understanding. Importantly, if India needs to improve it economy through international businesses, it must create friendly external business environment. The external investors will only be interested in some specific factors in order to invest in India. Most of the investors will be interested in the leadership, how the Indians understand business society inter- relationship, the contribution of the corporate government and other stakeholders. These changes can never be achieved over night; therefore, it is the dire responsibility of then stakeholders to initiate these changes within the Indian business environment. Corporate Social Responsibility Can Be Profitable This article is a contribution of Ruben Hernandez-M urillo and Christopher J. Martinek in an attempt to highlight the profitability of the Corporate Social Responsibility. Notably, businesses and organizations often peg their social expansions on their corporate social responsibility (CSR) (Hernandez-Murillo and Martinek, 2009; pg. 01). Hernandez-Murillo and Martinek highlights how the corporate social responsibility usually embraces a broader group of stakeholders including the employees, customers, and the entire business community. Moreover, CSR often depicts the financial responsibilities to the stakeholders. Therefore, the main role of the CSR is to maintain reputable relationship through giving back to the community (Hernandez-Murillo and Martinek, 2009; pg. 01). Through the article, Hernandez-Murillo and
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