Hard Tmes Essay -- Papers

Hard Tmes Snakes....specialists of deception. They enter our lives unnoticed and set out to accomplish evil plans. Snakes are twisters. Like a rattle snake, it attracts your attention with its tail then at the last moment strikes a venomous blow only to see you fall from the point you have risen. Snakes challenge your choice with sneaky tricks and can even lure you to disobey God. If that isn't enough I have to also cope with the stress of school, the racism in the community and the obsession that a young man gets for the opposite sex. My problems may seem little, but even the smallest thing can be a factor of what has caused a scared and frightened teenager to hate the world. I've always seen myself as me. Steve Marshall. An averaged height, not really popular, sixteen year old Afro-Caribbean who's often discriminated against by narrow minded child like people because of his race, a boy who likes to take good pride in himself because there is no-one else to do it for him. I mean my father has never been there for me, nothing but broken promises and lies which hurts me so much, but not even the pain that I bare could ever deny me loving him. The only thing that may seem unusual about me is the fact that I am often sick and I have to take three pills a day to keep me healthy. Ms Ramstad a.k.a Peaches or mum, well step-mum; after all she is married to my dad. She tries her hardest to look after me but I think she believes that she doesn't have the same authority over me like my real mother would. My dad abandoned us when I was young and ever since Peaches has struggled and tried her best to cope on minimum wages with the responsib... ...car me with those huge needles. No way, that would have never happened, but I do give it to Steve the disease he was successful in his mission. He was the toughest snake my life has ever handled, and the biggest factor to my demise. Yes that's right my demise. He has knocked me off my Pedestal and climbed right up. That can only mean that he has successfully taken my place. He should be me. Well everything I ever wanted to be. Now I have realized that the world is full of lying cheating and backstabbing people, so who can blame a broken teenager for hating the world. Even though he isn't here now Steve the disease belongs in this world not me. So this is the last chapter in the diary of my life. The life of Steve Marshall before I commit the tragic event called suicide. I really can't go on through all these HARDTIMES.

New York Times vs. Sullivan

Issue: Does Freedom of Speech protect a newspaper when it makes false defamatory statements about the conduct of a public official if the statements were not made with knowing or reckless disregard for the actual facts? The holding does not match the issue. If the fourteenth amendment is going to be incorporated in the holding, then it has to be in the issue. Also, the issue needs to be posted in a constitutional way.   For example: By not requiring Sullivan to prove that the advertisement personally harmed him and dismissing the same as untruthful due to factual errors, did Alabama’s libel law unconstitutionally infringe on the First Amendments freedom of speech and freedom of press protections? Statement of the Facts: The New York Times published a full page ad soliciting funds to defend Martin Luther King, Jr. In the ad were accusations of brutal force employed by the Montgomery police force against King’s followers. L.B. Sullivan, the police commissioner at the time, claimed the ad maligned his character. He sued for, and won, damages from the lower court. The Holding/Decision of the Court: The Court held that the First and Fourteenth amendments protected a publisher from libel only if the false and derogatory statements were not made with knowing or reckless disregard for the truth. Reasons/Rationale: The Court made its decision based on three closely-related facts: †¢ First, the commercial nature of the advertisement; †¢ Second, the existence of actual malice; and, †¢ Finally, the tendency for the alleged libel to be connected to the plaintiff. The New York Times was paid to publish the ad. However the fact that it was a paid advertisement does not make it a ‘commercial ad' in that it waives constitutional guarantees of Freedom of Speech. To consider it as such would discourage newspapers from accepting â€Å"editorial advertisements† which would have a dangerous tendency to shut out this form of information promulgation. Furthermore, it would curtail freedom of speech and shackle those who do not own publications.   This would be in violation of the First Amendment, which aims to secure â€Å"the widest possible dissemination of information from diverse and antagonistic sources†. There was no actual malice in this case although negligence can be ascribed to the NY Times for not exercising due diligence in ensuring the facts published. The paper had merely published a paid advertisement. The publisher cannot be accused of knowingly publishing falsehoods. Being a public official, Commissioner Sullivan had to accept the reality that his work would be under constant scrutiny. A higher level of proof is necessary to prove that the defendant printed material with intent to malign Sullivan’s character, especially since the alleged criticism was about his official functions as the police commissioner. Finally, the alleged libelous ad did not bear any mention of his name. While the ad criticized the activities and â€Å"brutality of the police†, there was never any direct mention of Sullivan or the office of the police commissioner. It could not then be said that the ad was a directed, defamatory and malicious attack upon him. In fact, the acts described in the ad – the padlocking of the dining hall, among others – were not even directly ascribed to the police, much less the police commissioner. On a side note, there is even suggestion that the commissioner manifested a guilty conscience in respect of the acts protested in the ad. The court therefore ruled in favor of freedom of speech over the right of a public official to defend himself from attack. Such cases have often been cited as jurisprudence to justify the level of criticism that can be inflicted on a government official. For acts related to his official functions, there is virtually no limit to the attacks that can be levied so long as they are not done with reckless disregard for the facts. Justice Black concurs on the basis that the 1st and 14th amendments do not merely delimit a state's power to award damages to officials for criticism of their official conduct but completely prohibits a state from exercising this power.   He is of the opinion that the defendants had an absolute constitutional right to publish their criticisms regardless of whom they were aimed at. It is regrettable that the court stopped short of a holding unequivocally protecting our free press. Justice Goldberg concurs on the privilege to criticize official conduct, despite the harm which may flow from excesses and abuses and consistent with the prized American right â€Å"to speak one's mind†.

Mission statement for Marks and Spencer - Free Essay Example

Sample details Pages: 7 Words: 2219 Downloads: 9 Date added: 2017/06/26 Category Business Essay Type Narrative essay Level High school Did you like this example? 1.0: Introduction In this report a critical analysis on Marks and Spencer Plc is presented to the reader emphasising upon key theoretical areas to identify whether the argument of Scott (2003)[1] that an organizationà ¢Ã¢â€š ¬Ã¢â€ž ¢s goals and not the key to understanding the organization no more than the origin of the organization, structure, culture, technology, and other strategic elements of the organization. In this report the four theoretical concepts of strategy listed below are analysed on the company or interest: Marks and Spencer Plc UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s retail giant. Organisational purposes, stakeholders and ethics Environmental sensitivity and scanning Effectiveness: Added value and success Processes, functions and their management The analysis presented in this report aims to identify whether the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s mission statement (or goal) provides a better understanding of the organization on its own than the aforementioned. 2.0: Mission Statement or goals of Marks and Spencer Plc Marks and Spencer Plc is a century old retail sector organization that has seen tremendous growth in the retail business across the globe through innovative methods of business and marketing (Data monitor, 2004[2]). The companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s mission statement or the goal as stated in its corporate website is à ¢Ã¢â€š ¬Ã…“To make aspirational quality accessible to allà ¢Ã¢â€š ¬Ã‚ [3] From the mission statement of the organization it is clear that the organizationà ¢Ã¢â€š ¬Ã¢â€ž ¢s goals are mostly implicit in nature (i.e.) the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s goals are not explicitly mentioned. Gerry Johnson and Kevan Scholes (2003)[4] argue that the organizational goals play a vital role in reaching the customers and of strategic importance. This is not only because of the increase in the awareness among the customers and stakeholders but also due to the increase in the competition because of which the competitors try to communicate their company values to attract new customers as well as retain existing customers. Furthermore, Richard Lynch (2003)[5] argues that the goals of the organization when communicated through the mission statement of the company not only should be explicit but also provide a concrete statement that is not misleading. In the light of this argument, an insight into the mission statement of marks and Spencer Plc not only proves it is misleading but also justifies that it is rather elusive in nature sending mixed signals to the external environment. Since the mission statement derives the goals of an organization and the increasing tendency of the organization to communicate the mission statement has justified that the mission statement of the organizat ion should be explicit in communicating its values and goals. Asda Plc: UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s second largest food retailer (company profile, 2005[6]) on the other hand communicates its mission statement as follows à ¢Ã¢â€š ¬Ã…“To be Britains best value retailer exceeding customer needsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Alwaysà ¢Ã¢â€š ¬Ã‚ [7] From the above statement it is clear that the company is explicitly communicating that its goal it to provide best value goods and services to the customers. In the next section a critical analysis on Marks and Spencer in the light of the theories identified is presented to the reader prior to concluding the report. 3.0: Organisational purposes, stakeholders and ethics An analysis of the annual report 2005, of Marks and Spencer Plc has established that the purpose of the organization is mainly to high quality and value added service to the customers through continuous innovation. The profits announced by Marks and Spencer has furt her justified that the company not only strives to increase its sales but also its revenue and satisfy its stakeholders and customers. Alongside, the statement by Stuart Rose, the CEO and director of the company to focus the business on increasing the profits and reducing costs has justified that the company is focused on retaining its goal on quality and value added products focused on high income group of the nation. The fact that the increase in competition especially from other retail chains like TESCO Plc, Asda Plc in the form of price competition has not only hindered the company sales but also reduced its market share as argued by Steve Burt (2002)[8]. Steve Burt (2002) further argues that Marks and Spencer Plc has not only seen fall in revenue due to the competition but also due to the issues faced within the organization that was overcome by the then Chairman of the organization Luc Vandevelde (annual report, 2002[9]) who revived the organization form severe loss to stabili se the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s market growth in the early years of twenty-first century. An insight into the company profile further reveals that the purpose of the organization is to specialise in the mi-priced merchandise in clothing, food and household goods categories. Alongside, it is also clear from the business review of the company that the business goal of the organization is to maximize its profits in order to meet the stakeholder demands as well as increase its market share which further justifies the ethical factors embraced by the organization to benefit its customers with quality products as well as its stakeholders whose investment is essential for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s continuous growth. 4.0: Environmental Sensitivity and Scanning From the analysis of the company profile it is clear that the company is highly sensitive to both the external environment as well as the operating environment to the business. 4.1: External environment The compan yà ¢Ã¢â€š ¬Ã¢â€ž ¢s effective deployment of the centralised supply chain management system to accomplish a central warehouse integrating its stores as well as the suppliers to accomplish prompt delivery of goods is an outstanding example for the technological awareness of the company. The use of the environment friendly methods to dispose its waste and the use of recycled products like recycled paper, safety wear for warehouse personnel further justifies the ecological awareness of the company and its initiative to be eco-friendly. Alongside, the effective deployment of the delivery system by reducing the number of truck deliveries to the stores and warehouses in order to reduce the emission into the environment is an incomparable example for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s effectiveness in environmental sensitivity. 4.2: The operating environment Unlike the external environment, the Operating environment predominantly focuses upon the business operation and its capability to effectively compete in the target market. The company deployment of innovative fashion strategies (company profile, 2005) and the ability to provide extensive product range in every category of the products not only justifies the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to meet the operating demands of the business but also justifies its sensitivity to the environment. Furthermore, the intriguing fact that the company has not only deployed effective advertising strategies but also in targeting the right market segments as argued by Alexandra Jardine and Laurel Wentz (2005)[10] further justifies the ability of the company to respond to the operating environment demands to effectively compete in the business. 5.0: Effectiveness: Added Value and Success An insight into the primary activities of the value chain of Marks and Spencer Plc is presented to the reader below. Inbound Logistics: The companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s effective inventory management which is not only computerise d to the local store but also connected to the warehouse in order to effectively identify the threshold level of every item in stock proves that the company is focused in prompt delivery of the products to the shop floor. Operations: The operations of the company especially in case of the online retail version of the company where the company pioneers in an integrated system to manage the distribution of the goods and services ordered by the customers promptly. Alongside, it is also interesting to note that the deployment of the Microsoft .NET architecture to integrate the online order management system like Amazon.co.UK the leading online book retailer (Microsoft news, 2003[11]) further justifies the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s effectiveness in adding value. Outbound Logistics: Not only the company excels in the prompt delivery of the ordered goods and services (Isla Gower, 2004[12]) but also deploys effective logistics methodology to increase the efficiency of the overall sup ply chain management. This is accomplished by the reduction of the storage space and increasing the shop floor area to customers at stores as well as integrating the suppliers in the supply chain thus reducing the storage level at the warehouse. The above statement makes it clear that the company has accomplished effectiveness through value addition to the overall business as well as the customers in the outbound logistics category. Sales and Marketing: The companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s investment on sales which has increased since the year 2000 (Isla Gower, 2004) as well as the deployment of effective and innovative marketing strategies like the Customer Relationship Marketing and advertising strategies. The seasonal promotion activity in the clothing segment of the business is a classical example for the effectiveness in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s marketing and advertising strategy. Servicing: the dedicated customer service team that meets the demands of the customer servic e for the organization as sated in the company profile justifies that the company not only considers the cost reduction and sales escalation as a primary activity but also to provide effective customer service in order to retain the existing customer and attract new customers makes it clear that Marks and Spencer has indeed accomplished value addition and effectiveness in its primary activities. 6.0: Process, Functions and their Management The analysis of the company profile (2005)[13] has revealed that the take over by Stuart Rose as the CEO and director of the company has not only streamlined most of the business process but also increased the overall efficiency of the inbound logistics. The strive by the company to reduce its costs through the effective management of the resources as well as focusing on the sales through value added services justifies this statement. Alongside, the approach of the company as a pioneer in selling quality products and services not only justif ies the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s effectiveness in the process management but also justifies its overall goal of increasing sales and providing value added services to the customers in the target market. The take over by Stuart Rose in 2004 has not only seen streamlining of the business process but also in its overall function as a competitor in the UK as well as the global market. This is evident from the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s initiative in increasing its global market share whilst utilising the outsourcing the strategy to reduce costs as well as provide value-added service to the customers. The fact that the company has effectively accomplished the process of serving its customers (buyers in the retail market) as well as its clients (strategic clients who are involved in business development and operations) justifies the efficiency of the company to accomplish its goals. The effective management of the Far Eastern operations of the company through the deployment of the local knowledge and human resource whilst accomplishing the overall goal of providing unmatched quality products to the customers in the target market is a notable example for the aforementioned argument. 7.0: Conclusion The analysis of the mission statement of Marks and Spencer Plc in section 2 and the strategic analysis of the company in section 3,4,5 and 6 have revealed that to understand the company it is necessary to understand the company in the light of the strategies deployed rather than the analysis of the goals. It is also clear that the strategic analysis of the company will not only provide a clear understanding of the company but also help the stakeholders and the customers to appreciate the goals of the company rather than the mere mission statement, which in most cases can send mixed signals to the customers and stakeholders. Thus to conclude this report the argument of Scott (2003) that the mere knowledge of the goals of an organization will not provide a bett er under standing of the company than the origins, stake holders technology, process, outputs and environmental forces. References Books Gerry Johnson and Kevan Scholes, (2003), Exploring Corporate Strategy: Text and Cases, UK: Prentice Hall Richard Lynch (2003), Corporate Strategy, UK: Prentice Hall Scott, W.R. (2003), Organizations: Rational, Natural and Open Systems, 5th ed., New Jersey, Prentice Hall. Journals and Reports Alexandra Jardine and Laurel Wentz (2005), Twiggy beefs up sales at Marks Spencer. Advertising Age, 10/17/2005, Vol. 76 Issue 42 Annual Report and Accounts (2002), Marks and Spencer Plc, UK Company Profile, (2004), Marks and Spencer Group Plc, UK: Data Monitor Company Profile (2005), Asda Group Limited, UK: Data monitor Isla Gower (2004), UK Retailing à ¢Ã¢â€š ¬Ã¢â‚¬Å" market Review, UK: Key note Ltd Microsoft News, (2003), Marks Spencer trials Smartphones, UK Steve Burt (2002), The Failure of Retail Internationalisatio n in Marks and Spencer. European Retail Digest, Sep2002 URLs: Marks and Spencer Corporate website, URL: https://www2.marksandspencer.com/thecompany/mediacentre/yourquestions/generalfaq/q3.shtml Asda Company Analysis, (2002) URL: https://www.www2wk.com/evidence/evidence2.asp?id=1220qid=1 Don’t waste time! Our writers will create an original "Mission statement for Marks and Spencer" essay for you Create order Footnotes [1] Scott, W.R. (2003), Organizations: Rational, Natural and Open Systems, 5th ed., New Jersey, Prentice Hall. [2] Company Profile, (2004), Marks and Spencer Group Plc, UK: Data Monitor [3] Marks and Spencer Corporate website, URL: https://www2.marksandspencer.com/thecompany/mediacentre/yourquestions/generalfaq/q3.shtml [4] Gerry Johnson and Kevan Scholes, (2003), Exploring Corporate Strategy: Text and Cases, UK: Prentice Hall [5] Richard Lynch (2003), Corporate Strategy, UK: Prentice Hall [6] Company Profile (2005), Asda Group Limited, UK: Data monitor [7] Asda Company Analysis, (2002) URL: https://www.www2wk.com/evidence/evidence2.asp?id=1220qid=1 [8] Steve Burt (2002), The Failure of Retail Internationalisation in Marks and Spencer. European Retail Digest, Sep2002 [9] Annual Report and Accounts (2002), Marks and Spencer Plc, UK [10] Alexandra Jardine and Laurel Wentz (2005), Twiggy beefs up sales at Marks Spencer. Advertising Age, 10/17/2005, Vol. 76 Issue 42 [11] Microsoft News, (2003), Marks Spencer trials Smartphones, UK [12] Isla Gower (2004), UK Retailing à ¢Ã¢â€š ¬Ã¢â‚¬Å" market Review, UK: Key note Ltd [13]

Analysis Of The Article Puzzlements Of A High School...

Society undoubtedly has a convincing and prevailing public literacy, as well as, numerous accepted symbols and ideas that legitimize the meaning of being an American. As the author of â€Å"Puzzlements of a High School Watcher†, Theodore R. Sizer explains how American media is the leading edge of shared experience, which is pronounced in the generally shared language and symbols and how it is our reality. Sizer focuses on the fact that as a nation, America has â€Å"a persuasive and powerful public literacy.† He claims that it is the outcome of shows aired on television and very uniform education processes. In his article, Sizer first sets the stage by describing the similarities among American high schools. He articulates that the similarities in the system are so solid that a student moving schools, even across the nation, would be in the same academic situation as they left and would only â€Å"lose few steps.† Sizer continues by claiming that at least four pr operties can characterize American public literacy: it is centrally driven, usually for merchandising purposes; it is commercial; it simplifies, synthesizes, unifies, and focuses; and lastly, literacy is sophisticated. By starting his article with his observations of American public literacy, Sizer introduces and backs the issue. Sizer does not offer suggestions for change. Instead, he begins to ask carefully chosen questions which provoke his audience to ponder their own answers. Aside from his own credibility of beingShow MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesManagement, Warrington College of Business Administration, University of Florida; Stanley  M. Howe Professor in Leadership, Henry B. Tippie College of Business, University of Iowa; Associate Professor (with tenure), Department of Human Resource Studies, School of Industrial and Labor Relations, Cornell University; Lecturer, Charles University, Czech Republic, and Comenius University, Slovakia; Instructor, Industrial/Organizational Psychology, Department of Psychology, University of Illinois at Urbana-Champaign

Breastfeeding Among Low Income Mothers - 1682 Words

Breastfeeding among Low-Income Mothers Introduction The American Academy of Pediatrics (AAP) recommends that a mother breastfeeds during her child’s first 6 months of life. After 6 months, the AAP advises that a mother should continue breastfeeding while incorporating solid foods into the baby’s diet. This nutritional combination should continue until the child is at least 1 year old (American Academy of Pediatrics, 2012). Additionally, the United States Surgeon General acknowledges the health benefits of breastfeeding and urges a culture of support (U.S. Surgeon General, 2011). According to the Surgeon General, breastfeeding is highly effective in preventing various diseases, infections, and illnesses (U.S. Department of Health and Human Services, 2011a). Breast Milk is Nourishing An exclusively breastfeeding mother’s mammary glands produce a total of approximately 750 mL of milk per day. Synthesized from substances in the mother’s blood, breast milk contains all necessary nutrients for a baby’s healthy development. For example, human breast milk consists of a specific combination of proteins, fats, carbohydrates, and vitamins. Additional milk components include minerals, electrolytes, and water. The nutrient concentrations fluctuate as lactogenesis progresses. Changes in milk composition and volume are controlled by multiple hormones, including cortisol, insulin, and prolactin. Along with composition, the volume of produced milk changes throughout lactogenesis. TheShow MoreRelatedBenefits Of Breastfeeding For Mothers1139 Words   |  5 PagesSummary Breastfeeding is the way of feeding a baby with milk from mother’s breast. There are many benefits of breastfeeding for mothers especially. There is an emotional and physical attachment of mother with the baby. Breastfeeding also helps in minimizing the rates of breast cancer, ovarian cancer, diabetes, arthritis and high blood pressure (American Academy of Pediatrics, 2011). One of the main social conditions, which greatly affect breastfeeding, is socio-economic status of women. Women livingRead MoreBreastfeeding And Long Term Benefits Of Breastfeeding Essay1526 Words   |  7 Pagesthis paper are mothers that have a desire to breastfeed, employers, clinicians, breastfeeding advocacy groups and federal and state legislators involved in policy change. Aim The immediate and long-term benefits of breastfeeding have been demonstrated. Mothers are encouraged to begin breastfeeding immediately after delivery, however mothers choosing to breastfeed find numerous challenges once returning to work. There are not appropriate accommodations to support nursing mothers in the workplaceRead MoreBreastfeeding And Long Term Benefits Of Breastfeeding Essay1515 Words   |  7 Pagesimmediate and long-term benefits of breastfeeding have been demonstrated. Mothers are encouraged to begin breastfeeding immediately after delivery, however mothers choosing to breastfeed find numerous challenges once returning to work. There are not appropriate accommodations to support nursing mothers in the workplace. Although there are law in place to support accommodations in the workplace these laws are not enforced and therefore it is virtually impossible for mothers to continue to breastfeed asRead MoreSocio Demographic Characteristics Of Mothers Essay1089 Wo rds   |  5 PagesResults Socio-demographic characteristics Out of 423eligible mothers, 405 were participated in this study, which made a response rate of 95.7%. More than half (58.8%) of mothers were below 30 years. Most (95.6%) of mothers were Amhara by ethinicity. With regard to educational status, 242(59.8%) mothers were educated. Around one fivith (20.4%) of study participants were employed mothers. The average household income of the respondents was 1524.26 Ethiopian birr per month (standard deviation (SD) +Read MorePrevalence Exclusive Breastfeeding Practice And Its Associated Factor Among Mothers Essay1367 Words   |  6 Pagesprevalence exclusive breastfeeding practice and its associated factor among mothers who have infants less than six months of age in Motta town, East Gojjam, Amhara Regional State, Ethiopia. Method: A community based quantitative cross-sectional study was conducted from April 7, 2015 to May 7, 2015. A simple random sampling technique was applied after taking all registered mothers who have infants less than 6 months old from local health extension workers of each kebele. A total of 423 mothers with infantRead Moreevidence base Essay1343 Words   |  6 PagesDisease Control and Prevention Location of source (URL): www.CDC.gov/breastfeeding/data/mpinc/index Owner or publisher: Maternity Practices in Infant Nutrition and Care (mPINC) Survey Describe (in your own words) the research database or collection of research including the purpose and the subject matter it covers: In 2003 Maternity Practices in Infant Nutrition and Care (mPINC) devised an expert panel to collect breastfeeding data. It is administered every two years to institutions to collectRead MoreArgumentative Essay1310 Words   |  6 Pages| Breastfeeding is better for your baby | Argumentative Essay | | | Islas, R. Argumentative essay Among the many decision a woman faces when she is pregnant, is whether or not she will breastfeed her child. 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According to a National Vital Statistics Report in 2006, the leading causes of Infant Mortality in the U.S. were deformities, low birth weight, Sudden Infant Death Syndrome, maternal complications, unintentional injuries, respiratory distress of the newborn, bacterial sepsis, neonatal

Regulatory and Legislative Protections †Free Samples to Students

Question: Discuss about the Regulatory and Legislative Protections. Answer: Introduction: It is noteworthy to mention here that from the period of 1787-1820 was governed by the autocratic rule of the New South Wales by the governors appointed in London[1]. In this regard, it can be observed that the timeline of the development of legal independence of the legislative framework of Australia started from 1787 in which Arthur Phillip was commissioned to initiate the establishment and govern the newly formed British colony of the New South Wales in 1788[2]. The governors of New South Wales were at the obligation to put into effect the statutes and common laws of England. With the advent of five single men and two families who has been recognized as the first free settlers in 1793 there developed signs of changes[3]. As a result of it, the number of free settlers increased considerably and therefore the demand for democratic changes arose. Similarly, with the evolution of future government system, the first court of justice developed in Australia in 1797. The Second Charter of Justice for New South Wales was stabled in 1814 which significantly defined the structure of civil court system. It was argued by jurists that the application of new provisions were required which has to be consistent with the English laws to the extent permitted by the colony[4]. Due to this reason disagreement arose among the settlers. The governors were acting outside their authorities in England and in New South Wales which created conflict with the existing English laws[5]. Therefore, the nature of the legislation can be referred to as colonial. The 1850s was considered to be a golden decade in the history of Australian government. It was observed that in 1850 the Imperial Parliament passed the Australian Colonies Government Act which enhanced the creation of independent self-governing colonies. Such self-governing bodies had their Legislative Councils situated in the model of New South Wales- South Australia, Tasmania and Victoria. In recent era, the three self-governing colonies are not a part of New South Wales. However, this affected the population status of New South Wales with the separation of the three distinct self-governing bodies. The period of 1850-1870s marked the end of the period of representative government under the patronage of the Governor and the Legislative Council. In 1856, the New Parliament and Executive Council developed in New South Wales which comprised of new and qualified legislative assemblies. In addition to this it can be observed that with the establishment of the responsible government in 18 56 it proved to be beneficial for the liberal democratic government however; the right to equal vote and election were not developed. The landowners were only entitled to cast votes which changed with the advent of the Electoral Reform Act the power of right to vote was entrusted to all the individuals of New South Wales. It was observed that in spite the right to vote was vested with the individuals by 1858 few members could afford voting rights as they were not paid until the beginning of 1880s. It is true that the electoral candidates required money for election campaigns however; no such political development took place to meet the expenses of the electoral members. It can be observed that during 1865 the British laws could be amended and repealed by the Colonies of Australia. In this regard, the Colonial Laws Validity Act came into being which were still under the bondage of British statutes and provisions which were efficiently applied to the Australian Colonies. During the period from 1850s to 1890s both the Houses of Parliament expanded over time and thereby new appointments were made for the purpose of meeting the upcoming requirements[6]. However, the Australian Colonies were fast developing and in this regard the economic development marked a turning phase in the history of Australia with the evolution of Gold Rushes[7]. The advent of Gold Rushes significantly changed the economic and social condition of the Australian Colonies. The Legislature addressed effectively to the requirements of the Australian Colonies. From the very beginning New South Wales has been regarded as a Free Trade State which rose to predomination during 1880s and 18 90s[8]. As a result of the existence of Free Trade Policy, goods were easily imported into New South Wales without any obstacles. Therefore, local industries could easily compete with international enterprises within an open market. During the period of 1850s-1890s, the social structure of the Australian Colonies has also undergone major changes[9]. It was expected on the part of the government authorities to focus on public services such as railways, water supplies and custom duties. However, the government authorities were reluctant to assure changes in areas relating to public security and health. With the evolution of liberal legislation in New South Wales the faction system was put to an end[10]. Various attempts were made during 1890s to 1930s regarding the abolition and reconstruction of the Legislative Council. In this regard, the liberal government identified the conservative nature of the Legislative Council. The motive of the Legislative Council was not to act in the best interests of the individuals and the government. Therefore there developed fear and uncertainty on the part of the conservative governments regarding the hostile nature of the Legislative Council which could lead to the pathway of abolition from 1864 to 1934[11]. However, the acts of the Legislative Council were less controversial in nature and the actions were applied in case of monetary matters of the elected Houses. In spite of various reforms several attempts were constantly rejecting for the reconstruction of the Legislative Council by 1900. Therefore Legislative Council during such period performed specific roles in consideration of the Lower House which included the investigation of social and p olitical issues. Much opposition was raised by the members of the Council regarding its abolition as they argued that it was a matter of labor party policy. Therefore the members of the Upper House did not agree with such abolition. Thereafter in 1922, the Upper House was abolished by an action of the Labor Government in Queensland. In the later part of 1929, a new section of 7A was included in the Constitutional Act under the patronage of the Nationalist Party Premier[12]. According to the Section, no bill can be presented to abolish the Legislative Council until a royal assent is received by both the Houses with an approval at a referendum. In New South Wales, if the majority of the electors agree to the proposal then only a referendum is held. During 1930 the return of the Labour Party was marked under the patronage of J.T. Lang. It was observed that Lang made several attempts for the abolition of the Legislative Council. Therefore, a bill was secured by Lang by involving both the Houses for the purpose of abolishing the Council. However, he failed in his attempt in addressing the provisions of Section 7A and therefore his attempt to abolish the Council was held to be illegal by the High Court and the Privy Council. With the dismissal of the proposal of Lang concerns were raised regarding the role of the Legislative Council in the political development of the State. It is worth stating that the nature of the indirect method of the election was supported as they were concerned that there could be rivalry between the Council and the Assembly. Lastly, the reconstruction of the Legislative Council was fulfilled on April 1934 which being independent could not create favourable influence over the monetary policy of the governmen t[13]. The period between 1934 and 1980 it was observed that the elected governments were confronted with the presence of antagonistic Council. In 1977, a Bill was introduced by the Wran Labour Government to reform the Upper House however; such bill was not passed by the Legislative Council[14]. Thereafter, the Bill was again re-introduced after two months. Therefore, proposals were made regarding the amendments to the Bill that was finally passed by both the Houses. After the amended Bill was presented to the public for further approval at e referendum held on June, 1978. Lastly, as a result of the act of the Greiner Liberal-National Party Government at a referendum held in 1991 there was a reduction in the number of the members of both the Houses. During this period, the governor, lieutenant governor and the judge was authorized by the First Charter of Justice with the power to proceed with the establishment of a criminal court. The governor was entrusted with the power of appointing and dismissing magistrates. In this regard, civil and military officers were appointed who possessed similar powers to those of the magistrates. Such civil and military officers were at the authority to imprison individuals regarding minor criminal cases. However, the First Charter of Justice also established the court of civil jurisdiction for the purpose of hearing and deciding cases related to property and contracts[15]. During this period DArcy was declared at the first paid magistrate. Prior to this, the powers and duties of the magistrates were confined to other positions. In 1821, court houses were established exceeding an amount of 300 in New South Wales. After 1830, the payment of the magistrates was commonly practiced. However from the period of 1820 and 1850, the legal system of Australia developed. Previously, it was governed by the principles of common law of England. It was observed that the legal structure of Australia was formulated on the basis of the British legal system as a result of the emergence of the European settlers in Australia. In this regard, the permission of setting up Australian colonies was granted by the British legal system and thereafter the establishment of legal system was initiated in Australia. The creation of central government was initiated by Australia and as a result of it the Constitution of Australia came into being which marked the beginning of an independent legal system in Australia. From the very beginning the legal system of Australia has been considered as the most important common law system of the world. However, the essentials of the Australian legal system are deep rooted in the English Colonial rule. The common law system in Australia proved to be insignificant as a result of the development of adversarial justice system. In the opinion of the Australian Law Reform Commission, 1999, the adversarial system can be referred to as the common law system which has been applied in the court proceedings of different countries[16]. Therefore it was argued that it would have been beneficial for Australia develop a system of civil justice system of its own free from the influence of the English common law. It is evident from the history of Australia that republicanism forms a major part of it. It was observed that with the formation of the convict colony in New South Wales by the British Empire, the Australians could not declare their independence. During this period it was observed that John Dunmore Lang hared his opinion regarding the formation of a new federation in Australia. In his perspective, the new federation shall emerge as a republic and as a result of it the Australians could extend their territories over the neighbouring islands of the South-West Pacific. During the emergence of gold rushes during 1850s the republicanism emerged from time to time in Victoria. In this regard, it was observed that the republic of Victoria was proclaimed when rebellions raised the Southern Cross flag[17]. Until 1950, Republican Party was not formed to contest against the elections of Australia. However, the influence of the British Empire proved to be beneficial for the Australian colonies as a source of defence and investment. The legal system of Australia was adopted from the English Legal system as it was a colony under the British Empire. Due to this reason the laws of Australia are greatly influenced by international laws. It can be stated that the influence of international laws on the Australian legal system has been reflected in multinational conventions and treaties. However, when Australia was under the reign of Great Britain, the colonies of Australia were granted limited self-governance. As a result of this the colonies of Australia initiated the formation of an independent court of their own by formulating their own set of laws. The colonies are vested with a right to amend or repeal any provisions. Therefore with passing years, Australia finally evolved in a new way by building an independent structure of Australian law with separate judiciary and legislature. It can be observed that Australia after its independence from Great Britain emerged as a federal state. During the period of Federation Movement various national conventions were gained by Australia and thereafter the Commonwealth of Australia Constitution Act was passed in 1900 by the government of British[18]. The jurisdiction of Australia comprises of Federal and State, Criminal and Civil, Original and Appellate. However, the Courts established under the state laws are regarded as State Courts. The Courts under the Commonwealth laws in Australia are regarded as Federal Courts. It can be rightly stated that Australia after its independence from United Kingdom has the power to make laws of its own. During this period, attempts were made by the representatives regarding the formulation of a central government for the country. Therefore, representatives of the six colonies which included New South Wales, South Australia, Tasmania, Queensland, Western Australia and Victoria conducted a series of conventions in 1890s. Thereafter, for the purpose of approving the draft constitution a referendum was held in each colony. The Australian Constitution came into force on 1 January 1901 which was passed by the British Parliament[19]. With the formulation of the Australian Constitution in 1901 market the beginning of an independent legal system of Australia which comprises a major part of the Australian government. As a result of the federation of the independent colonies the Commonwealth of Australia came into being. With the establishment of the Commonwealth in Australia the government system of Australia is referred to as the federal system[20]. It is noteworthy to mention here that, und er the federal structure of the government the power is entrusted to both the federal government and the state government. Therefore, in this way power ids divided between two different structures of the government which are depicted in the Commonwealth of Australia Constitution Act 1900. In this regard, it can be stated that the individuals of Australia are subjected to follow both the federal laws and the state or territorial laws. The Colonial Laws Validity Act 28 and 29 Vic c 63 was in the beginning a UK Act termed as the Colonial Laws Validity Act 28 and 29 Vic c 63 (UK). However the Act was thereafter renamed as the Colonial Laws Validity Act 1865 when the Act was first published under the Legislation Act 2001[21]. In this regard, it is worth stating that the Colonial Laws Validity Act 1865 was applied to the individual states of Australia until in 1986 the Australia Act 1986 came into force. The Colonial Laws Validity Act was approved on 29 June 1865. The Colonial Laws Validity Act was passed with an intention to remove existing confusion about the legality of the colonial laws. However, the legality and effect of the existing laws of the Colonies of Australia. In this context, it can be stated that after evaluating the existing complexities in the legislature and the executive it was confirmed by the British Parliament that the existing statutes are valid and efficient. The Act came into effect in New Sou th Wales before 1st January 1911 and continued to apply its force as proposed by the Seat of Government Acceptance Act 1909[22]. In this regard, it is noteworthy to mention here that from the very beginning the purpose of the Colonial Validity Act was excluding any inconsistency existing between the colonial and the British legislation. Therefore, the Act provided importance to the concept of colonial legislation by stating that the purpose of the Act was to have effect within the colonies however; it shall not contradict any Act of the Parliament in relation to the powers extending beyond the boundaries of United Kingdom. It is worth mentioning that the Act has rightly clarified and strengthened the positioning of the colonial legislatures. In this regard, it can be stated that before the Colonial Validity 28 and 29 Vic c 63 came into effect most of the colonial statutes was obstructed by the local judges as they were inconsistent with the English laws[23]. The judges were of the v iew that the English laws passed by the Parliament proved to be inefficient within the colony. It is evident that the government in South Australia has gone through this particular issue where the judges have restrained certain local statutes on various occasions. However, the Colonial Laws Validity Act 28 and 29 Vic c 63 remained in force for a long time and thereby proved to be beneficial in defining the relationship between the Acts of Parliament and the laws passed in autonomous British territories. The Colonial Laws Validity Act 28 and 29 Vic c 63 was also efficient in defining the legitimacy of the decisions given by the territorial legislatures and government authorities. In this regard, it can be mentioned that the Parliament of the United Kingdom was at the authority to amend the Colonial Laws Validity Act 28 and 29 Vic c 63 (UK) however; after the Act was renamed the Parliament lost such authority. The Statute of Westminster was adopted by Australia in 1942 with the establishment of the Statute of Westminster Adoption Act 1942[24]. However, the Statute of Westminster came into force immediately in countries of Canada, South Africa and Irish Free State. It was observed that the Statute of Westminster was adopted by most of the countries however it was not adopted by Newfoundland in spite of financial depreciation as a result of the Great Depression. However, the Colonial Laws Validity Act continued to strive in Newfoundland. Traditionally, the Statute of Westminster Act of 1931 is an act passed by the Parliament of the United Kingdom which has been modified and amended which acts as domestic law within the countries of Australia and Canada[25]. The Statute of Westminster Act was passed on 11th December 1931 which came into force immediately with the establishment of legislative independence of the self-governing territories of the British Empire. It is evident that the territori es of the British Empire need the approval of the Parliament regarding changes to monarchical titles and common lines of succession. Therefore the Statute of Westminster acted as a statutory framework of the principles of equality and common allegiance that has been depicted in the Balfour Declaration of 1926. In this regard, the importance of the Statute of Westminster of 1931 can be emphasized. The Statute of Westminster significantly recognized the evolution of the self-governing Dominions into autonomous states. In this regard, it is noteworthy to mention here that Dominions included countries like Australia, South Africa, Canada, Newfoundland, New Zealand and Irish Free State by the end of 1930s[26]. The importance of the Statute of Westminster arose during the American War of Independence which was a major turning point in the history of British Empire. In this regard, it can be stated that the Statute of Westminster contributed enormously towards the advances of the Dominions. In the perspective of historians, the Statute of Westminster came into force in order to put an end to the chapter of Commonwealth history. It is evident that the Commonwealth has attained the status of self-government and self-determination from the very beginning however; no questions were raised on the vali dity of such attainment till date. Therefore, the Statute of Westminster made the Dominions free from the legal bondage of the British Empire except Australia and New Zealand. In this regard, the British Empire cannot nullify the laws of the Dominions in future and therefore the Dominions are at the authority to formulate extra-territorial laws of their own[27]. Therefore, the British laws are no longer applicable to the Dominions. However, Canada has the authority to formulate legal provisions of its own except the Dominions which amended the British North America Act. In this regard, it is worth noting that since time immemorial, the Statute of Westminster occupies significant position in the histories of Canada, Australia, New Zealand and South Africa[28]. The Statute of Westminster acted as a legal instrument in eliminating the power of the British Empire on the Dominions. Therefore, as a result of it the Dominions were able to establish themselves as autonomous states. References: Albert, Richard. "Constitutional amendment by constitutional desuetude."The American Journal of Comparative Law62.3 (2014): 641-686. Asimow, Michael. "Five models of administrative adjudication."The American Journal of Comparative Law63.1 (2015): 3-32. Buchanan, John, Dominic Heesang Chai, and Simon Deakin. "Empirical analysis of legal institutions and institutional change: multiple-methods approaches and their application to corporate governance research."Journal of Institutional Economics10.1 (2014): 1-20. Clark, David. "Cautious Constitutionalism: Commonwealth Legislative Independence and the Statute of Westminster 1931-1942."Macquarie LJ16 (2016): 41. Davis, Kevin E., and Mariana Mota Prado. "Law, Regulation and Development."Development: Ideas and Experience(2014). Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial."Melb. UL Rev.40 (2016): 207. Gordon, Michael. "The UK's Sovereignty Situation: Brexit, Bewilderment and Beyond."King's Law Journal27.3 (2016): 333-343. Guerriero, Carmine. "Endogenous legal traditions and economic outcomes."Journal of Comparative Economics44.2 (2016): 416-433. Gummow, William. "The Australian constitution and the end of empire-a century of legal history."Law Context: A Socio-Legal J.33 (2015): 74. Hayo, Bernd, and Stefan Voigt. "Mapping Constitutionally Safeguarded Judicial IndependenceA Global Survey."Journal of Empirical Legal Studies11.1 (2014): 159-195. Hillmer, Norman, and Philippe Lagass. "Parliament will decide: An interplay of politics and principle."International Journal71.2 (2016): 328-337. Kendrick, Maria. "A Question of Sovereignty: Tax and the Brexit Referendum."King's Law Journal27.3 (2016): 366-374. Klabbers, Jan. "The emergence of functionalism in international institutional law: colonial inspirations."European Journal of International Law25.3 (2014): 645-675. Lee, David. "States rights and Australias adoption of the statute of Westminster, 19311942."History Australia13.2 (2016): 258-274. Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners involved in sentencing Indigenous Offenders: Will anyone or anything do."UNSWLJ37 (2014): 1. Marchetti, Elena, and Janet Ransley. "Applying the critical Lens to judicial Officers and Legal Practitioners involved in sentencing Indigenous Offenders: Will anyone or anything do."UNSWLJ37 (2014): 1. McCorkindale, Christopher. "Scotland and Brexit: The state of the union and the union state."King's Law Journal27.3 (2016): 354-365. McMillan, Mark, and Cosima McRae. "Law, Identity and Dispossessionthe Half-Caste Act of 1886 and Contemporary Legal Definitions of Indigeneity in Australia."Indigenous Communities and Settler Colonialism. Palgrave Macmillan, London, 2015. 233-244. Meagher, Dan. "The principle of legality as clear statement rule: significance and problems."Sydney L. Rev.36 (2014): 413. Nepal, Rabindra, Flavio Menezes, and Tooraj Jamasb. "Network regulation and regulatory institutional reform: Revisiting the case of Australia."Energy Policy73 (2014): 259-268. Newman, Warren J. "Some Observation on the Queen, the Crown, the Constitution, and the Courts."Rev. Const. Stud.22 (2017): 55. Patience, Allan. "The Two Streams of Australia's Middle Power Imagining and their Sources."Australian Journal of Politics History60.3 (2014): 449-465. Preston, Brian J. "Characteristics of successful environmental courts and tribunals."Journal of Environmental law26.3 (2014): 365-393. Roach Anleu, Sharyn, and Kathy Mack. "Judicial performance and experiences of judicial work: Findings from socio-legal research." (2014). Short, Damien.Reconciliation and colonial power: Indigenous rights in Australia. Routledge, 2016. Thomson, Lorraine, Morag McArthur, and Peter Camilleri. "Is it fair'? Representation of children, young people and parents in an adversarial court system."Child Family Social Work22.S2 (2017): 23-32. Wardle, Jonathan Jon, et al. "Regulatory and legislative protections for consumers in complementary medicine: lessons from Australian policy and legal developments."European Journal of Integrative Medicine6.4 (2014): 423-433. Zwart, Melissa de, Sal Humphreys, and Beatrix Van Dissel. "Surveillance, big data and democracy: Lessons for Australia from the US and UK."UNSWLJ37 (2014): 713.

Segration an Example of the Topic History Essays by

Segration In the year 1954, the Supreme Court of the United States delivered a milestone decision in the case of Brown v Board of Education of Topeka, wherein it declared that creation of separate schools on the basis of the race of students was contrary to the provisions of the constitution. During that time, the District of Columbia and several other southern states had made it mandatory for all public schools to be racially segregated. Kansas and some of the northern and western states gave discretionary powers to inpidual schools to decide on the issue of segregation. Thus a majority of schools were desegregated in 1954, while the schools in Topeka remained unsegregated (Finkelman, 2005). Need essay sample on "Segration" topic? We will write a custom essay sample specifically for you Proceed The 14th Amendment to the Constitution assures that every person should be provided with equal protection irrespective of race. The Supreme Court in the Brown II case of 1955 placed the responsibility of implementing desegregation on the federal district courts located in the South. The plaintiff Linda Brown was not permitted to join an integrated school until she had reached college education. In fact, the children of twenty plaintiffs in the Clarendon County case never went to integrated schools. This situation actuated Brown to invoke the civil rights movement and file cases in the courts against the education authorities. This ultimately resulted in eradication of all sorts of statutory racial discrimination (Finkelman, 2005). The ruling of the Supreme Court in the Brown case had become a turning point in legal policies that were formed in the case of Plessy v Ferguson wherein it was held that educational practices though separate should be equal. The 14th Amendment had construed that equality as per the law would be achieved through segregated facilities. Legislation to that effect was enacted in the South which instituted separate facilities for Blacks and Whites in every aspect of the society (Finkelman, 2005). In 1971, the Supreme Court of the United States adopted measures concerning legalized desegregation in public schools in the case of Swann v Charlotte Mecklenburg Board of Education. In that case the school boards stratagem of implementing desegregation had been found inadequate; in this regard the district court directed the authorities to implement the desegregation strategy designed by it. The Supreme Court upheld the district courts order without dissenting. The legitimatized facilities in a forced desegregation of offender school system include transport by bus, racial quotas and reorganization of school districts. The Supreme Court approved of the various bus transport programs, which accelerate racial integration of public schools (Jones-Wilson, 1996, p72-73). The strategy of busing was accepted in the United States which was considered to be a key factor in the integration process in the US public schools. Subsequently, court ordered busing programs faced much criticism equally from the whites and the African Americans. The latter claimed that these programs unnecessarily made their children to continue on in spite of the difficulty involved in the long bus rides to school. In most major cities court ordered busing prevailed until the 1990s (Jones-Wilson, 1996, p72-73). During the process of desegregation most of the black teachers faced unemployment. There were nearly 82,000 black teachers in the year 1954 teaching two million black children. Subsequent to the case of Brown, around 41,600 black teachers and administrators in 17 Southern schools lost their jobs. More than 50% of black administrators were either dismissed or demoted. The ousting of staff en masse was possible because many black schools were closed down during desegregation. The black educators had been removed from service even though their educational qualifications were much higher than that of their white counterparts (Byrne & Anderson, 2004, p89-91). According to the National Education Association, more than 85% of black teachers had college degrees in comparison to 75% of white teachers. Thus the black children were deprived of expert and better qualified black teachers. Prior to Brown, white administrators had permitted black administrators to operate the black portion of the school system. This practice enabled black educators to inculcate quality education to black students. In the pre Brown period every student was given equal opportunity to improve their skills. The practice of segregation provided a sort of protection to black students from discrimination and racist ideologies, which they experienced in the desegregated era in the post Brown integrated schools (Byrne & Anderson, 2004, p89-91). References Byrne, D. N., & Anderson, J. (2004, p89-91). The Unfinsihed Agenda of Brown v Board of Education. perse: Issues in Higher E. Finkelman, P. (2005). Brown v Board of Education of Topeka. Redmond: WA: Micosoft Encarta 2006 (DVD). Jones-Wilson, F. C. (1996, p72-73). Encyclopedia of African-American Education. Greenwood Press.