Are the courts policymakers or not Put it in the perspective of Research Paper

Are the courts policymakers or not Put it in the perspective of judicial restraint versus judicial activism. Use relevant court cases to justify your position and explain why you chose those cases - Research Paper Example To demonstrate the validity of the above argument, the paper will briefly explore the United States Supreme Court and how its rulings have shaped American policies. According to Boundless.com (2013), â€Å"the Supreme Court holds the power to overturn laws and executive actions they deem unlawful or unconstitutional.† This means that the court has the power to nullify a policy if it is found to be unconstitutional. Let’s examine two cases from the US Supreme Court, these cases have been chosen since they originated from the highest court in the land and they touch on the highest office; the presidency. The case of Humphrey’s Executor Vs United States was decided that the president does not have the power to remove a member of an independent federal regulatory agency without the consent of Congress (Mauro, 2012). Another case is that of Nixon Vs United States in 1974 addressing the executive privilege; the Supreme Court declared that no president is above the law (Phschool.com). From these two cases it can be safely argued that courts are policy makers as they establish checks and balances to the institution of presidency and this forms part of policy pertaining to this office. Even as the court exercises its constitutional mandate, it is critical that judicial restraint be used as opposed to judicial activism. This is because the former emphasizes the limited nature of court’s power to honor only the past precedents while the later advocates for the use of personal views in deciding cases (Slimef 2010).Personal views are known for biasness and prejudice and should not be used in deciding cases of national importance. Policy can only stand if it is supported by the law and courts are the custodians of the law hence it is safe to argue that courts are policy makers as has

Growing up in the Ditital Age Research Paper Example | Topics and Well Written Essays - 1250 words

Growing up in the Ditital Age - Research Paper Example Net Generation is a force for social transformation from education and work to collaborations and socialization. With their reflexes trained for speed and freedom, Net-Genre is empowered to transform the world from inside out. They are already transforming society, from education and workplace to marketplace and family, they are influencing every aspect of modern life. They are replacing the culture of control with a culture of enablement (Tapscott 6).This paper explores the influences of Net Generation on education, work and family as discussed in Don Tapscott's remarkable book, "Grown Up Digital: How the Net Generation is Changing World". Net Generation (1977-1997) People born during 1946 and 1964 are called baby-boomers who became TV Generation (Leung 107). Gen X consists of adults between the ages of 32 and 43.They are highly aggressive communicators and media-centered. Gen X is media (TV, radio, film, and internet) savvy and their habits resemble to Net Generation. Gen X is foll owed by Net Generation, the children of baby boomers. The Net Generation consists of children born between January 1977 and December 1997. In these 21 years, 81.1 million children were born who make 27 percent of the U.S. population called Millennials or Generation Y. They have outnumbered the baby-boomers adults. This Net Generation is entirely different from all other generations in history since they are born in a digital environment (Tapscott 2).As Tapscott puts it, "they are bathed in bits that they think it's all part of the natural landscape"(2). Currently, the Net Generation constitutes 30 percent of the total population as compared to 29 percent of their parents' baby boomers generation. As a rival to boomers and their culture, it is imparting huge cultural influences. However, the huge impact is not due to the size but Net Generation's ability to grow in an age of revolution in telecommunication. Boomer parents engaged with a new technology in their formative years like te levision, however, it was much more limited in its scope.Net Generation is exposed to an entirely different context and environment as compared to their parents and grandparents (Denton et al. 2). Net Generation has eight basic characteristics that make them stand out from their boomer parents and other generations. They accolade freedom and freedom to choose, they believe in customization and collaborations. They prefer a conversation rather than a lecture. They scrutinize and insist on integrity. They believe in having fun, no matter if it's school or work. They need speed and innovation (Tapscott 6). Changing ways of Communication Members of Net Generation are between the ages of 11 and 31 now. They multi-task quite heavily and use technology in a different way. For Net-Genre, mobile phone are not for calling and emailing, they use it for texting, surfing web, finding directions, taking pictures, making videos, and collaborating with others. They hang out on Facebook, MySpace, an d Skype. Everyone is as cyber-sophisticated as the next person is. They turn to internet for everything they need (Tapscott 9). Education System The Net-Gen is the most ethnically diverse, largest, and the most female dominated college population in the history (O'Donnell qtd. in Tapscott 123). Unlike baby-boomers' cramming model of seeking knowledge, Net-Generation is facing a fast-paced age of information technology where one has

Response Execution Essay Example | Topics and Well Written Essays - 1500 words

Response Execution - Essay Example These plans may be carried out verbally and informally, especially for incidents that are simple in nature and have short duration by the Incident Commander. Written action plans, are considered whenever there are two or more areas of responsibility involved, the duration of the incident carried on into another operational period, new organizational elements are triggered and if it is required by agency policy (Greene, 2001). Incident management plans are written to clearly provide a statement of objectives and appropriate measures, provide a gauge to ensure efficiency and cost-effectiveness and to provide a basis to assess the progress and accountability of the incident of the incident team (Greene, 2001). A sniper was reported within the vicinity of the power failure area. The said sniper is randomly shooting citizens in the downtown park area. Said area is congested due to the power outage. According to initial reports, two civilians were shot by said sniper and may still be alive. There will be one assigned Incident Commander (IC) who will directly have the overall responsibility of the resolution of the situation. In this exercise, the Governor of Arizona is the most likely candidate as he/she is mandated by State of Arizona to execute the Emergency Response and Recovery Plan (SERRP), the ICS management plan of the state (State of Arizona, 2003). The IC shall oversee the functions of the incident command system (ICS) and their respective section chiefs - operations (responsible for direct tactical actions), planning (responsible for preparation of action plan, resource maintenance and situational status), logistics (provide support), finance administration (procurement of supplies and cost accounting), information officer, safety officer and other representatives from assisting agencies. (Greene, 2001). The unified command ICS structure will be used, as it is the structure being utilized by the SERRP. Due to the potentially wider scope and further implications of the scenarios, the Governor of

Hedge Fund Industry Essay Example | Topics and Well Written Essays - 2000 words

Hedge Fund Industry - Essay Example This can be used for both short and long term investments. Unlike mutual funds, however, hedge funds typically take long and short positions in assets to lower portfolio risk arising from broad market movements. A hedge fund may take long positions in certain stocks, and short positions in other stocks, the portfolio beta of which is close to zero. A beta close to zero implies that the portfolio will remain relatively unchanged due to the broad market movement. Such a portfolio will primarily change if the stocks move more than the broad market. In the U.S., laws require that the majority of investors in the fund beaccredited. That is, theymust earn a minimum amount of moneyannually and have a net worth ofmore than$1 million, along with a significant amountof investment knowledge. (Hedge Fund. 2008). In both rising and falling equity and bond markets hedge fund strategies tend to have the ability to generate positive returns. Since it is a balanced portfolio it helps to reduce overall portfolio risk and volatility and, therefore, has the potential for increased returns. Hedge funds also have an advantage over other options of investment as it offers investors a wide variety of choices in Hedge fund strategies that can be tailor made to suit the investment objective of individual customers. The fact that hedge funds have higher returns and lower overall risk than traditional investment funds has been proved beyond doubt through academic research. Moreover, this platform provides an ideal long-term investment solution, eliminating the concept of correct time entry and exit from markets. Adding hedge funds to an investment portfolio provides diversification which is otherwise not available in traditional modes of investments. The aspiration of the prospective employee Mr.X. Mr.X is undergoing a graduate course in commerce. His father Mr Y had remained employed in the insurance business, and wanted his son to toe in the same line. Mr.X however, had different ambitions. He weighed the pros and cons of joining the hedge fund industry as well as the insurance sector. He sought the advice of different consultants in the field who gave him the necessary information. He found out that the hedge fund industry was more lucrative and he chose this as his career option. Initially he thought that an undergraduate course in commerce would give him the necessary inputs. When he completed more than half the course content, he realised that he will not able to pursue a career in hedge fund with the knowledge gained from this course alone. He came to know about a large variety of job oriented course relating to hedge fund. So, in the final semester, he pursued a part-time certificate course in hedge fund. Again, he realised that there was a gap between theory and practi ce. Thus, in order to receive some practical experience, he underwent an internship with a practitioner in hedge fund consultation. Human Capital Theory: Human capital refers to the stock of productive skills and technical knowledge embodied in the labour free of an organisation. Economists consider human capital as one of the

Management Finance Essay Example | Topics and Well Written Essays - 2500 words - 1

Management Finance - Essay Example Company should consider a system that will give accurate results and should be certain depending on the data inputted into the system. The system also should be simple to understand and be friendlier to the end users. In addition, the system should also be flexible for it to respond easily to the changes in the organization and for simple decision-making by the junior staff. Activity based costing method is more flexible hence it produces reports which can be used by the management in decision making, this is because it has got a certain methodology of costing products and services. Compared to the traditional method, activity based costing system cannot distort costs of the products that might occur if the products cost would have been done arbitrarily. There are four steps the company should follow to implement Activity based costing system. The first step is identification of activities in within the organization. The company will be required to analyse all the activities under every department. Under this step, the company should consider the processes, which are operational in the departments, this is because in some cost centres there are activities, which were operating; but they have ceased operating. Berry limited has three activities: machine setup, ordering and machine running. Berry limited cost pool comprises of material ordering cost, machine running cost and general facility cost of $280000, $316000, $42000 and $361400 respectively. Second step is the allocation of resource costs to the company activities. The cost is traced to find why it occurs; the cost can be director in direct cost. Direct cost is directly related to the output, the direct cost of product X, y and Z are $980,000, $1024000 and $1012000. Indirect cost is the cost that cannot be associated with a particular output; the cost is for the general company. Berry limited incurs a total of $1,377,400

Literary research paper on The Things They Carried by Tim OBrien Essay

Literary research paper on The Things They Carried by Tim OBrien - Essay Example This paper is a reflection of the literary analysis and in depth meanings of the characters and the circumstances they were thrust into. A number of famous stories make up the confines of the pages of this book – these include characters that keep reappearing every now and then. Each and every character is a justification towards some or the other feeling that every man suffers in his lifetime. For example, the main protagonist, Tim, is a soldier who finally admits that he was responsible for the death of Kiowa, tries to explain to others, and believes that not everything is explicable. This book is an amalgamation of the kind of experiences he shared with other soldiers. Jimmy Cross is a lieutenant and the platoon leader in the short story of the same title as the main book, The Things They Carried, and is also blamed for the death of Kiowa, a devout religious Christian soldier. Ted Lavender is one of the first to die in the book; he was a soldier with true grit but smoked ma rijuana and contained a great amount of anxiousness regarding what would happen next in the War. (Rafferty, Rebecca) The Things They Carried is a story full of symbolism; in this particular tale, O’Brien has marked a very vivid description of all the objects that the various soldiers carry with them. Incidentally, all these objects help the reader to understand the kind of people the soldiers are and the kind of relationship they share with others around them. He has written about Lavender’s obsession with tranquilizers and marijuana, Dobbins’ need to carry his girlfriend’s pantyhose around his neck as well as his extra rations, and Kiowa carrying a copy of the New Testament at all times. All this imagery helps to provide a stark understanding to the reader as per the needs and priorities of the soldiers. O’Brien has also described the kind of burden each man carries on his shoulders in the form of memories from their personal lives, for example, t he lieutenant’s obsession with Martha back home leaves him feeling very disgruntled and regretful. These thoughts eventually leave him questioning and wondering about Martha’s virginity and this eventually leads to distractions and death He also carried maps and compasses, giving a picture of the true leader that he was, always looking out for his soldiers. (Department) Physical objects like machine guns, M-16 rifles, grenade launchers and tents help to depict the harsh reality they were surviving in. Thus, with the use of these physical objects that the soldiers require during their stay in the War, the author has tried to explain the kind of dilemma they were being made to choose between – fantasy and reality. Cross begins to question himself for the death of Lavender and wonders whether or not it was his fault and negligence towards his duty because of his dark fantasizing about Martha that led him astray. (Moore, Julie) A literal meaning of the title and the background that the soldiers are in, the story speaks of a cross join between love and war. It tries to reflect, with the use of the everyday objects that each of the soldiers used (that made up their personalities) how it was unconditional but one sided love for someone that gave way to waging another war. This is a transition from Cross’

Ct scan radiation risk and young patients Article

Ct scan radiation risk and young patients - Article Example CT machines have become much faster, and now, it is possible to scan any body part in very less time. The image quality that is on offer is also much better than the older generation of CT machines. At present, the latest multi-slice CT scan machine can accumulate data at around 350 ms. Within less than a second, it is possible for the CT scan machine to use millions of data points and then reconstruct a 512 x 512-matrix image from this. CT scan is among the best and fastest, non-invasive investigative modality for the evaluation of the abdomen, pelvis and chest, and gives a well-defined, cross-sectional view. CT scan is ideal in the diagnosis of cancer of various organs including the liver, pancreas, lung etc, and allows the surgeon to identify a tumor, including its size, location and how much it has spread to adjacent tissue. Among its other uses include the diagnosis and treatment of vascular diseases, pulmonary embolism and abdominal aortic aneurysms, skeletal lesions etc. CT is also widely used in children, in the evaluation of various tumors of the body like neuroblastoma, lymphoma etc and in the imaging of the kidneys. However, when compared to conventional radiography, the use of CT involves much higher doses, and there is a risk of radiation. Many studies have been published about this issue, especially the risk in children. Children are more radiosensitive to radiation exposure when compared to adults. It is estimated that children are ten times more sensitive to effect of radiation than middle- aged adults. Children have more time to develop a radiation-induced cancer due to a longer life-expectancy when compared to adults. It has also been shown that there is an increased dose per milliampere-second, and an increased lifetime risk per unit dose. It has been estimated that in a 1-year-old child, the lifetime cancer mortality risks due to CT scan radiation exposure is around 0.07% (for a head scan) and around 0.18% (for an abdominal scan). This amoun t of radiation exposure is much higher than what an adult would be exposed to. Another major concern is the trend to use multiple scans. It is felt that when compared to just one scan, two to three scans could theoretically double or triple the risk of cancer. Sometimes, during a single examination, more than one scan would be done, which increases the radiation dose further. Thus, in the vast majority of cases, a single scan should be enough. Many studies have provided information that there is link between high dose radiation and the development of malignant tumors in children. In February 2001, the American Journal of Roentgenology was among the first journals to publish the risk of radiation in a young patient after a CT scan. It is also quite common nowadays to use CT as a screening technique even for minor complaints like headache, and this has added to the controversy.   One large study has estimated that on an average, a child would be asked to get a CT scan seven times by the age of eighteen. It has been estimated that in the US alone, about 5 million CT scans are being performed in pediatric patients annually. Another concern is the excessive use of CT scans as a screening tool in patients who are asymptomatic. Due to all these concerns, there is a pressing need to avoid excess radiation dose from CT scanning and optimize the CT scan protocols, especially in young patients. The risk to benefit should always be considered and alternatives to CT scan like MRI or ultrasound should be