Friday, November 29, 2019

Internal and External Factors Apple Essay Example

Internal and External Factors Apple Essay After twelve years of been absent from Apple Inc. , Steve Jobs returned and revolutionized the company responding to both internal and external factors to reinvent the Apple brand (Basin, 2010). Jobs used five factors to reestablish the company as the top technology and innovative company in the world. Steve realized that his company isolation from competitors, partners, and customers was not allowing Apple to succeed in the technology market, as he wanted. Images lack of compatible software was not appealing to customers and sales were declining. Planning, organizing and leading were major factor for Steve when decided the next big step, team up with his biggest rival Microsoft Corporation. This move helped Apple grow in a market controlled by other computer companies like IBM and HP. Management demands and decisions are always changing with globalization, technology, innovation, diversity, and ethics. Apple is a great example of a company that is always using the four functions in order to manage changes effectively. Globalization is the integration of national economies through trade, investment, capital flow, labor migration, and technology (Investing Answers, 015). Apple has taken advantage of globalization to grow their business. Globalization is an external factor that needs to be analyzed and can help a company grow, but it also can have a negative impact. According to Bruit D (2010) globalization creates opportunities to a bigger market, but it also creates more competitors. Apples annual report shows that international sales accounted for forty-three percent of the quarter revenues (Dowling, 2005), since then Apple revenues have kept on the rise. In a market pulse in December of 2014, Apple owned thirty-three percent of the market share in We will write a custom essay sample on Internal and External Factors Apple specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Internal and External Factors Apple specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Internal and External Factors Apple specifically for you FOR ONLY $16.38 $13.9/page Hire Writer South Korean, previously dominated by Samsung. Apple is the worlds largest technology company, in the fourth quarter of 2014 Apple shipped 74. 5 millions of Phones globally. The report claims that it is the first time in history that any foreign company earns more than the twenty percent of the market share in South Korea (Riviera, 2015). Technology is always evolving, and Apple understands that. Apple knows that some internal factors could also affect them and they must continue with innovative technology and products. Some external factors that could affect Apple are competitors, pricing, and availability. Apple correct approach to both factors has helped them establish a reputation of technology leader. One of Apples biggest successes is Sir. Sir allows people to use their voice to send messages, place a phone call, set reminders, and answer questions. People can address Sir normally like they are talking to another person with complete sentences, and if Sir is confused she will ask to clarify the question. Sir can also speak eight other languages besides English and the voice gender can be changed for male. Apple has also developed Cloud, and it allows Apple users to share their music, pictures, intact, and information with all of their Apple devices. Apple is also known for innovation. According to Boston Consulting Group, Apple ranks as the worlds most innovative company since 2005 (Adams, 2013). On todays market products become outdated within the year, with consumers waiting for the bigger thing. New products replace old ones and companies are always looking for new products to stay as a leader in innovation. Apples Phone has changed tremendously in the past three years. Their screens became a larger one and they also become compatibles with APS not created by Apple. Since October 2014 phones can be used to pay at stores with the touch of a terminal. Apple has planned, organized, and controlled the launch of the Phone 6 to ensure it was one of the biggest since initially introducing the Phone. Since the death of Steve Jobs in October 201 1, the new CEO of Apple Tim Cook has worked hard to ensure the company stays innovative. Experts are predicting that the new launch of the Apple Watch will open new markets and send showplaces to the watching industry. Apple is expanding their market to new products that will keep them as the leading company they are. The company is also making a big push into health, with its Health app compatible with Nikkei+ and Fit bit (Rogers, 2014). Corporations also have to plan for diversity in the workplace. Apple and its management team believe diversity is beyond the traditional categories. Tim Cook said, Inclusion and diversity have been a focus for me throughout my time at Apple, and theyre among my top priorities as CEO. Im proud to work alongside the many senior executives weve hired and promoted in the past few years, including Eddy Cue and Angela Rareness, Lisa Jackson and Denies Young-Smith. The talented leaders on my staff come from around the world, and they each bring a unique point of view based on their experience and heritage. And our board of directors is stronger than ever with the addition of Sue Wagner, who was elected in July (Cook, 2014). Apple believes that they could still improve their diversity; they recognize the contribution of people to their company. Ethics is moral principles that guide a way a business behaves. In an ethical work environment, employees know what the limits are and they are less likely to play it close to the line. In order to be termed a repression, a business activity must have an underlying ethic, which is broadly understood and goes beyond just making as much money as you can (McCoy, B, 2010). Apple has an open door policy that allows employees to contribute towards the company goals and problem solving. They provide tools and enable their employees to succeed. The company and management are flexible with employees. Their code of conduct applies to the company as well to their suppliers. Apple assesses its suppliers to ensure they are following the code of conduct and any violation may jeopardize the suppliers business legislations with Apple. One of their higher standards is integrity and protection of intellectual property (Apple. Mom, 2014). Apple is a company that has been at the bottom of technology and it did reinvent itself to become the largest technology Company in the world. Changes in management have created issues for Apple since the beginning, but under Steve Jobs leadership the company grow in the four primary management functions. Steve Jobs was a visionary that believed in globalization, technology, innovation, diversity, and ethics. With the use of all five strategies Apple continues to grow and it as become a well-respected company worldwide.

Monday, November 25, 2019

Bilingaul Education essays

Bilingaul Education essays Many American students have the misconception that bilingual education is just another blow-off or easy-A class; yet more world languages are spoken in the United States today than ever before (Crawford, par. 1). What many blind teenagers and some adults fail to realize is that bilingualism has the potential to be either a crutch or a helping hand for their future. Bilingual education opens the doors of communication throughout the world, which in turn not only expands opportunities, but it aids in the understanding of different cultures, and grants easier access for exploration. First, bilingual comes from the Latin word bi, meaning two, and lingua, meaning tongue (McArthur 126). A bilingual is a person who can speak two languages (Oxford 189). Although the meaning of this term is common, it is easy to disregard the value of it. Communication is the key to any relationship; whether between friends, a teacher and his/her classroom, or countries, it is imperative. Therefore, the purpose of classes such as Spanish, French, and German, are to provide knowledge base for the learner to gain another way of communicating to people outside of his native tongue. It is impossible to conceive that the United States would ever seclude themselves from the rest of the world because our Nation and other countries are dependent upon each other for different resources, such as oil and other textiles. Because of this, it will soon be crucial to have a second language. America is the Great Melting Pot, where citizens of surrounding countries are migrating to (Blanco 454). Daily, one can find a diverse group of different languages spoken at local fast-food restaurants. Bilingualism is at least as common as monolingualism; about half the worlds population (some 2.5bn people) is bilingual (McArthur 127). Not only is it bene...

Thursday, November 21, 2019

How is subjectivity (race, class & gender) constructed and put to use Essay

How is subjectivity (race, class & gender) constructed and put to use through Fiesta Explain using specific examples from Horton as well as Gathering Up - Essay Example Subjectivity is a social mode that comes about through many interactions within society. It is a process of individualization as well as of socialization as the individual is never isolated; rather they are endlessly engaging in interactions with the world. It is shaped by and shapes other things such as the economy and even communities. A common effect on an individual is whereby they experience culture shock, where subjectivity of the other culture is considered alien or hostile. Because society is based on group interactions, common meanings allow for common frames that they can refer to when communicating a given subject (Horton, 2010). They are derived from each person understanding their subjective experiences and providing many aspects of meaning. Since 1712, the residents of Santa Fe have remembered how they were ousted in the Pueblo Revolt but managed to make their way back. The settlers reestablished themselves and went back to their roots. Today, La Fiesta de Santa Fe is considered one of the oldest celebrations in the nation. Its roots date back to when a general negotiated with the Indians who occupied Santa Fe to allow Spanish settlers to return. He, being a religious man prayed by a small statute of Virgin Mary and promised that if the settlers were allowed back, they would never forget her intercession. For a while, the promise was not kept up until a Lieutenant Governor intervened. The Santa Fe Fiesta, Reinvented gives a new perspective to the controversial identity formation of the Mexico’s Hispanos. The book carefully gives attention to the symbolic action of the event and explores gender, time, genealogy and sexuality which are the basis of the cultural nationalism. As the Hispanos were largely minoritized in the Santa Fe, their elites continued to invent and re-create the foru cultural organizations that

Wednesday, November 20, 2019

Pastoral Ward Visit in the Context of Chaplaincy Essay

Pastoral Ward Visit in the Context of Chaplaincy - Essay Example In the study, the researcher used Daily log to examine the time spent in attending one patients as well as the time spent by chaplains in the wards. To get direct feedbacks from patients, the researcher used questioner. The questioner was also used to examine what is considered a success in pastoral ward visit. On the other hand, the questioner was also used to evaluate the level and nature of training among chaplains as well as soliciting the ideas of improving the services offered by chaplains. Informal interview was also employed to access whether the pastoral ward meets patients’ religious and spiritual needs.As the report discusses in spite of promoting religious and spiritual messages, chaplains in their pastoral ward visits also offers support to patients in their hospital treatment.   Chaplain works hand in hand with people who face death of their loved ones, parents who losses their children as well as patients who are facing their own demise.   Additionally, in t heir ward visits, chaplains’ teams offer spiritual and inspirational support to hospital staff members. On the other hand, chaplains’ provides linkage between patients in hospital wards and others support teams in the society such as Non Governmental organisations, charity groups and well wishers. Additionally, the chaplains’ works towards ensuring spiritual, cultural, religion support to everyone who need these form of support.   

Monday, November 18, 2019

Construction contract law Essay Example | Topics and Well Written Essays - 3250 words

Construction contract law - Essay Example By this stage, the job had become quite extensive. It involved the demolition of the cold store and other buildings, and the construction of a workshop, a double inspection pit and a covered parking area. The overall job would require a great deal of demolition and drilling out of concrete and excavations, the construction of structural steel framing, cladding, extensive roofing and paving, the installation of equipment purchased by Clarke and the partial demolition, rebuilding and refurbishment of the office accommodation.Works progressed on a piecemeal basis with ACT submitting interim applications for payment during the course of the works. The works went on for a period of nearly two years, by which point ACT had been paid approximately  £1.3 million.At this point the parties have drifted apart. Later, ACT submitted to Clarke a "reconciliation statement" for its work. This showed that the value of the work calculated by ACT was of the order of  £1.5 million. This led to a dis pute and ACT commenced proceedings for the recovery of a claimed balance of approximately  £200,000.Analysis of court’s responseThe court initially interpreted on certain preliminary questions on existence of a contract, and if so, what were its terms as to payment, the scope of the work and the contract period? Clarke argued that there was an agreement between the parties that ACT would construct the job, including the supply and installation of the necessary workshop equipment, for a cost, which was to be not more than  £815,000.

Saturday, November 16, 2019

Media Ethics for Online and Social Media

Media Ethics for Online and Social Media ETHICS for ethical media practices in the context of Online and Social Media Introduction The Online and Social Media constitute the major component of the life of people in terms of news, information exchange, gathering information, banking, shopping etc., Unlike the traditional media, in spite of restrictions is the usage of Online media well within the stipulated regulations and ethical? Does interacting in Social media cause social, regulatory , commercial and legal issues? How far is the awareness among the public on the ethical backgrounds, the principles governing this media and the regulations? This paper analyzes the ethics along with the standards and regulations. Online and Social Media Media is a term which represented the print the radio in the olden times. With the growth of technology many other media have emerged based on the internet. Most recently, with the invention of smart phones the media has broadened its scope or it can be viewed as the media has witnessed a new dimension to reach mass audiences. Ethics The increase in the internet usage and the internet access in computers as well as mobile phones and smart phones have vitalized the growth of Social the Online Media. Official UAE census data of Global Media Journal estimates Internet penetration at 82.2%, which is higher than in the United States. The social media is a common platform for information exchange. The reach in multitude makes it necessary for the ethics to be followed. Media Ethics was once considered a quality to be followed by the journalists and the reporters. But today it becomes important for each and every individual making use of Social and Online Media to be ethical. This paper analyzes the extent of ethics that is being adapted. 3.1. Ethics on Online Social media The Online Social media is a platform which is common to one and all. Our personal network, our professional network or any other unknown sources constitute the audience of the Social media. The journalists or the reporters are responsible for the content delivered through the Print or the Broadcasting media. But when it comes to the Social Online media every individual who shares information becomes responsible. NPR Ethics handbook, 2012 states that the probability of access to the internet is also high owing to the cost reduction .Most importantly, the frequency of usage of the social media is very high. Hence the probability of disclosing unethical content is relatively high. 3.2. Ethics on Social, Commercial, Legal, Regulatory and Cultural factors The Online and the Social Media have a direct impact on the society. The information sharing and the freedom of access with anyone and everyone has definitely shaked the institution of a family. The frequent update of information on the growth and achievements cause an internal stress for the segment of the society that has not witnessed growth at all or a relative growth. The reach to the Mass has interested many of the commercial institutions to utilize the Social Media for their business development and marketing. This has opened more doors to any business but at the same time presents a huge competition. According to NPR ethics handbook (2012 ),the society has no way to estimate or to analyze the genuinity of the information or the authenticity of the company as information comes with an unknown author. Consequently, the fake information posted about a specific company or brand on the Social media could also lead to legal problems. Every individual has a close group of friends/ relatives, the next level would be professional friends and then the acquaintances, employers etc., The level of intimacy and the extent of information sharing is not the same in each level. The unnecessary information sharing also is unethical. According to Vallor,Shannon (2012) as employees of an organization, they have a limit in disclosing the information pertaining to the company, the products etc., to be ethical in their approach. The Online and Social media are used by the employees to voice out their personal opinions on the products/ regulations etc., which is unethical. Individuals have their own likes, dislikes, interests and these personal preferences could result in bias towards the people, products, organizations. This bias could either be positive or negative and this is used to influence the people in the Online and Social Media. The children and the teenagers have started using the Social and the Online Media. The Social media has age restrictions but the extent to which it is being followed is highly uncertain. The Wikipedia (2014) states that the personal and confidential information is being disclosed without awareness and they are being preyed upon by the people engaged in unwanted activities resulting in sexual abuse. The elders, in the other hand, are connected to the media through the electronic gadgets and seldom find time for their family. The Online and Social Media give way to cross culture . Cross culture is a salient feature in terms of business but at the same time has a negative impact on the society. Wail. A. Barry, Gwen Bouvier (2011) state that the private or intimate information is brought to public by the unethical use of social media . Every country has a culture, belief structure , values, religion associated with it. The Social Media enhances the awareness of various cultures , religions but sometimes the cultural difference could create an impact on the society. What is correct in a country may seem to wrong in the other country. Ethics in the world UAE. The Online and Social media have kept the whole world connected throughout and has facilitated information exchange, information updation etc,. but at the same time the ethical factors like freedom ,integrity, secrecy are not measurable. In an interview ( 9news.com, 2014) Linda Chandears, President of Daniels Fund states that the children use Social media without proper awareness and get into problems which persist for their lifetime. Also Elliott ( 9news.com, 2014) underlines the fact that Social media came into existence without proper regulations and has been the prime cause of cyber crimes. The information or images posted by the people themselves and sometimes by the peer group has completely shattered the personal and also professional lives. This calls for practicing ethics both in the personal and professional lines and to maintain appropriateness whilst using Social Media .The awareness to maintain ethics in the Social media as well has started and people have started evolving their social media practices . In the UAE, the country as a whole is well connected digitally .The survey indicated 78% of the country’s population had regular Internet access, and that almost half had an account on a social media websites (ibid ). UAE has its own laws and ethics with respect to religion, culture, traditions , beliefs etc.,A TRA person in his interview to UAE Emirates Business 24-7 that any social media that allows interaction without disturbing the country and fellowmen mentally or physically with respect to their values will be allowed. The other sites which cause harm or degrade the society as a whole or specifically children, women etc., are blocked. These studies reveal that the Social and online media are equally gaining predominance in the UAE too and the factors governing media ethics have to be given significant importance too. Principles and standards The basic factors that have to be considered when using a Social Media constitute the principles of Social Media. Jon Reed (2014) describes the information that is delivered in the social media needs to be authentic as it is viewed by the community and cannot be misleading. Social media can be used for marketing but the basic approach towards the social media and the other traditional media has to be different. Building a community in the social media is a lengthy process and more importantly earning reliability as well as trust worthiness is the clue to success. The results in the case of a social media marketing does not happen immediately and the kind of waiting is worth it. The ICCO (2011) clearly specifies that the Social media has been in action for quite some years now and cannot continue in the trial period . The norms have to clear and factual for the customers . The control over the social media and the social media marketing will only enhance confidence on the media. The criteria have to be designed after getting inputs across the line. Different criteria with different standards puzzle the customer and it is time to break various criteria and dwell on a single factor. This helps easier understanding and the results can also be well monitored . This standardization helps in understanding the Social media in complete and to develop and invent methods for the better future. This standardization helps in Social media becoming a constitutive part of the company’s marketing agenda. Overcoming the shortcomings or the misleading factors of the Social media helps in getting utmost clarity and to boost the customers’ confidence levels. In the recent past many companies have been engaged in the tracking of social media basically to understand the functioning and the outcome. These companies also are deriving methods to measure the output levels to improve the marketing strategies or to establish innovative methods for brand building. The Social media sites , their reach, the accuracy, the relative momentum, the passion attached to the sites etc., are analyzed to formulate scientifically measurable marketing processes. The opportunity in the Social media is commendably high owing to the omnipresence , the universal acceptance and the extreme passion attached to them.The challenge is to develop a unique solution to meet the specific needs of the cus tomer rather than standardizing. The traditional media have specific methods to measure the reach, frequency etc., whereas the Social media is yet to develop exact methods The recent aids used in close monitoring are Attending closely/Tracking Social interaction study Impacting study/ focusing Competing standards Website Usage study Network traffic/ topic analysis Quest Analysis Inclination study The methods seem to be simple but it is actually not owing to multiple factors that influence Social Media. The organizations using social media need clarity in the objective and the result expected for the companies to reach a consensus as to accordingly develop a strategy. Appraising the characteristic perspective and in terms of size and number are equally important for accuracy in results. These methods inspect the groups and the interaction perspective to clearly analyze and measure returns. The success of social media depends on the group size and the person who can lead the group. But the probability of accessing the groups and the members is very low. More importantly the openness of the individuals and the extent to which they will stand by the opinion is still a controversy. These aids and methods have to be tested over time to attain accurate methods. The false notion of most of the companies is measuring outcome by counting the number of likes in a social media. The number of likes even though indicates the number of people who actually visited the site is not an accurate way of audited reach. The key is to understand what percentage of the total people who have visited the site would fall into the potential targeted audience and the skill lies in identifying the same. Edelman Berland (2014) states that the organizations are not aware of the trends in Social Media and yet are much interested to be present in Social media  to stick on to the technological upgradations. They look out for advice from adepts in the field and subsequently demand clarity in the methods used. The global need is to develop standards and continuous work has been in progress. Conclusion From the time Social media came into existence, there has not been much ethics in the Online and Social Media. The factors like Social impact on the society, cyber crimes , Social media marketing have started focusing on the importance of the Ethics. The regulations in place require an updation based on the developments in technology. There are specific instances where the existing laws require amendments . These ongoing changes in laws, regulations can be monitored closely. The need for global standards and the regulations for the social media has been understood and the organizations are thriving to get advice on the Social media trends and processes. These standards in a global level will definitely create a benchmark in the Social and the Online Media. 6. References Vallor,Shannon 2012, Stanford Encyclopedia of Philosophy, http://plato.stanford.edu/entries/ethics-social-networking/ Sharlyn Lauby, 2012, Ethics and Social Media: Where Should You Draw The Line?  http://mashable.com/2012/03/17/social-media-ethics/ Global Media Journal Arabian Edition Summer/Fall  Vol. 1, No. 2, pp. 3-27 , Use of Social Media in the United Arab Emirates  http://www.gmj-me.com/gmj_custom_files/volume1_issue2/articles_in_english/volume1-issue2-article-3-27.pdf Social Media in Wikipedia  http://en.wikipedia.org/wiki/Social_media Stats.ae by Fish Eye Analytics, 2013  http://www.stats.ae/UAE-Facebook-Stats McAfee, Parent’s Guide to Social Networking Sites  http://www.mcafee.com Jon Reed, 2014, 7 Principles of Social Media Marketing  http://www.getuptospeed.biz/2013/09/7-principles-of-social-media-marketing/ Tim Marklein, Practice Leader, Technology Analytics, WCG; Co-chair, Council of PR Firms Measurement Committee,Katie Delahaye Paine, founder and CEO of KDPaine Partners LLC ,Richard Bagnall, MD Metrica, Director Gorkana Group, 2011, ICCO Moving Towards Global Standards for Social Media Measurement, http://amecorg.com/wp-content/uploads/2011/10/Workshop-G.pdf Edelman Berland, Blog, https://www.edelmanberland.com/social-media-2/coalition-aims-to-establish-global-standards-for-social-media-measurement/ Nelson Garcia, KUSA , 2014, 9news.com   http://www.9news.com/story/tech/2014/10/24/daniels-fund-ethics-social-media/17862483/ NPR Ethics handbook, 2012, http://ethics.npr.org/tag/social-media/, Wail. A. Barry, Gwen Bouvier, 2011, Cross cultural Communication  http://www.academia.edu/1523380/Cross-cultural_Communication_Arab_and_Welsh_students_use_of_Facebook

Wednesday, November 13, 2019

Mortuary Practices and Afterlife of the Choctaw Essays -- Sociology, T

The Choctaws thrived in the fertile sandy, red-clay soil, rolling hills, and dense forests, located in the Central Hills of the east-central region of Mississippi. The estimated population after early European contact was between 15,000 and 20,000 and was the second largest group of Native Americans in the Southeast (Blitz 1988:127). The Choctaws in the Southeast were a matrilineal society. Traditionally, women preformed tasks related to domestic life. Among these responsibilities were creating pottery and utensils, food preparation, and planting and harvesting crops. The majority of their diet consisted of agricultural products such as corn, pumpkins, squash, and beans. Women would also accompany men on hunting excursions in order to provide food preparation. After the hunt, women were responsible for transporting the slain animal back to the village for processing of skins, bone, and meat (Carson 1995:495-6). The greatest responsibilities of the Choctaw men were hunting and warfare. During the fall and winter months, their primary food source was deer. Their accomplishments on hunting adventures directly reflected upon their social status and importance within the tribe (Carson 1995:197). Although the Choctaw shared much of their culture with many of the other tribes in the Southeast, â€Å"in the disposition of their dead, the ancient Choctaws practiced a strange method different from any other Nation of people, perhaps, that ever existed† (Swanton1931:176). When a Choctaw tribal member became terminally ill, it was common practice for the medicine man to inform the family of impending death (Swanton 1931:170). The women cleansed the body, applied paint, daubed the face, and dressed him in his finest clothes. He was the... ...ld winds always blew. Every spirit encountered was an enemy with no safe place to take refuge. Food was scarce, due to unfertile soil, lack of game, and hunger was constant. The bad hunting grounds are perpetually lonely, with only the joyous sounds from the other side of the mountains. The doomed spirits constantly struggled to climb the treacherous mountains, but to no avail. They were eternally destined to an afterlife of desolation (Campbell 1959:149-52). The Choctaws possessed unique ceremonies in regards to their deceased as well as a vivid explanation into their afterlife. Through many accounts, the knowledge and customs of the Southeast tribe of the Choctaw will not be forgotten. Although these customs may not be practiced, the extensive documentation gives an extraordinary glimpse into the lives of the natives of the southeast United States.

Monday, November 11, 2019

Academy Award for Best Actor and Legal Issues Essay

At the end of these instructions is a list of just a few of the hundreds of law-related movies that are available on the market. You are free to use any law-related movie you like (with TWO EXCEPTIONS – Double Jeopardy is NOT acceptable, because Hollywood got the legal issue completely wrong; and A Few Good Men is limited to military law, so not really helpful for the general population). (up to 50 points) PRINT YOUR NAME: _________________________ NAME OF MOVIE: _________________________ YEAR OF RELEASE: _________________________ DIRECTOR: _________________________ MAIN ACTORS/ACTRESSES: _________________________________ _________________________________ _________________________________ A. Describe in a page the FACTS of the case the movie is about. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ B Describe two significant legal ISSUES that this movie brought up. (Remember that FACTS are not the same as legal ISSUES. For example, in the movie THE ACCUSED, the character played by Jodie Foster is raped in a tavern. That is one of the FACTS of the case. One of the legal ISSUES was the use of PLEA BARGAIN – the prosecutor was willing to let the rapists â€Å"plea bargain† to lesser crimes.) ISSUE #1________________________________________________________ ISSUE #2________________________________________________________ C. Take either ISSUE #1 or ISSUE #2, and look up in a book in the NSCC library (or any other library or law library), or a legal web-site, as a reference that gives you greater understanding of this issue, so that you can describe the general rule of law about this issue, and any significant exceptions. Title of Book used for reference:______________________________________ or Website citation: ___________________________________ Author of Book:___________________________________________________ Copyright year:_____________(be sure to use as current a source as possible!) D. Describe in your own words what you think the general rule of law is about this particular ISSUE (and significant exceptions), and why you think the general rule makes sense (or doesn’t!). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (on the following pages I have put a short list of some of the many law-related movies that you may want to look at – but you do not have to stick to this list!) Some suggestions for LAW-RELATED MOVIES TO WATCH & REVIEW Some of the newer films may be available through Blockbuster or one of the other major video rental outlets. For the older classics, you may have to look at one of the â€Å"specialty† rental shops like Video Isle (top of Queen Anne Hill or on Fremont just South of 45th) or Scarecrow Video (5030 Roosevelt Way NE in the U District). 1. ORIGINAL INTENT (1991); with Kris Kristofferson, Candy Clark, Jay Richardson, Martin Sheen. Eviction of a homeless shelter. Landlord/Tenant issues. 2. THE ACCUSED (1988); with Jodie Foster & Kelly McGillis. True story of a Massachusetts gang-rape case and follow-up case. Issues regarding admission of evidence, criminal prosecutions, victim’s rights. 3. THE VERDICT (1982); with Paul Newman, James Mason and Charlotte Rampling. Alcoholic lawyer takes on a malpractice case. Possible unethical actions by attorneys on both sides of the case! 4. ADAM’S RIB (1949); with Spencer Tracy & Katherine Hepburn. Husband and wife lawyers, on opposing sides of the same case. Classic comedy with good discussions of several legal issues. 5. INHERIT THE WIND (1960); with Spencer Tracy & Fredric Marsh. Based on the famous Scopes â€Å"monkey trial,† with a biology teacher on trial for daring to teach the theory of evolution. A classic trial!! 6. TO KILL A MOCKINGBIRD (1962); with Gregory Peck and Mary Badham. Small town Southern lawyer defends a black man accused of rape in pre-Civil Rights era. Attorney-client obligations, criminal trial issues. Somewhat outdated, but a classic nonetheless. 7. YOUNG MR. LINCOLN (1939); with Henry Fonda (haven’t seen this one yet). 8. TWELVE ANGRY MEN (1957); with Henry Fonda, Lee J. Cobb, E.G. Marshall & Jack Klugman. CLASSIC jury film; intense jury dispute; how a jury evaluates a case. This is the Original! There is a recent (1998 I think) version also with Keanu Reeves, but I don’t know how it compares. 9. THE TRIAL (1963); with Orson Welles, Anthony Perkins, Jeanne Moreau and Romy Schneider. Man arrested for an unexplained crime he is never told about! 10. STATE’S ATTORNEY (1932); with John Barrymore (haven’t seen this one yet). 11. SERGEANT RYKER (1968); with Lee Marvin, Vera Miles & Peter Graves. Court Martial of soldier accused of treason. 12. PERFECT WITNESS (1989); with Brian Dennehy, Aidan Quinn, Stockard Channing & Lara Harrington. Witness to mob murder put in jail for perjury – social responsibility issues. 13. THE PAPER CHASE (1973); with Timothy Bottoms, John Houseman and Lindsay Wagner. Law student’s first year at Harvard Law School (mainly in contracts class). 14. L.A. LAW (1987); with Harry Hamlin, Susan Dey, Corbin Bernsen. Introduced the TV series of the same name. 15. KRAMER VS. KRAMER (1979); with Dustin Hoffman and Meryl Streep. Divorce and child custody issues. 16. JUDGMENT AT NUREMBERG (1961); with Spencer Tracy, Burt Lancaster, Maximilian Schell, Richard Widmark, Marlene Dietrich and Judy Garland! Nazi war crimes trial. 17. SHOOT FROM THE HIP (haven’t seen yet – can’t comment). 18. MY COUSIN VINNY; fairly recent comedy with a newly-licensed attorney representing a family member wrongly accused of murder. It touches on a few serious legal issues regarding preparation for trial, even with the comedy. 19. ABSENCE OF MALICE (1981); with Paul Newman and Sally Field. Freedom of the press and defamation of character. 20. SUSPECT (1987); with Cher and Dennis Quaid. Jury tampering, collusion, bribery of a government official. 21. LOSING ISAIAH (1995); with Jessica Lange, Halle Berry, Samuel L. Jackson. Interracial adoption, child custody rights of biological parents. 22. MURDER IN THE FIRST (1995); with Kevin Bacon, Gary Oldham, Christian Slater. Cruel and unusual punishment in the Alcatraz prison; jury â€Å"nullification,† federal jurisdiction. 23. JUST CAUSE (1995); with Sean Connery, Blair Underwood, Laurence Fishburne; Kate Capshaw, Ed Harris. Coercion of a confession; murder, venue, Pro Bono Publico representation, conflict of interest. These are just a few of the hundreds of law-related movies out there. If you find other good â€Å"law-related† movies not listed above you think would be appropriate, let me know and we’ll add it to this list!!

Friday, November 8, 2019

Henry David Thoreaus Thoughts on Love

Henry David Thoreau's Thoughts on Love Henry David Thoreau is thought of by many as Americas supreme nature writer and is most famous Walden, his book of observations and intermingled philosophy about the time he spent living on Walden Pond near Concord, Massachusetts. But he had thoughts to share about many other things, as this essay reveals. This work, originally titled Love and Friendship, was culled from a letter Thoreau wrote to a friend in September 1852. It was first published in the collection Letters to Various Persons (1865), edited by Ralph Waldo Emerson, Thoreaus friend and mentor. Biographer Robert D. Richardson Jr. says that despite the essays faults (sentimental language, overblown idealizing, and choppy, unsure paragraphing), Love is refreshing in its desire to avoid sentimental cant. Love What the essential difference between man and woman is, that they should be thus attracted to one another, no one has satisfactorily answered. Perhaps we must acknowledge the justness of the distinction which assigns to man the sphere of wisdom and to woman that of love, though neither belongs exclusively to either. Man is continually saying to woman, Why will you not be more wise? Woman is continually saying to man, Why will you not be more loving? It is not in their wills to be wise or to be loving; but, unless each is both wise and loving, there can be neither wisdom nor love. All transcendent goodness is one, though appreciated in different ways, or by different senses. In beauty we see it, in music we hear it, in fragrance, we scent it, in the palatable the pure palate tastes it, and in rare health, the whole body feels it. The variety is in the surface or manifestation, but the radical identity we fail to express. The lover sees in the glance of his beloved the same beauty that in the sunset paints the western skies. It is the same daimon, here lurking under a human eyelid, and there under the closing eyelids of the day. Here, in small compass, is the ancient and natural beauty of evening and morning. What loving astronomer has ever fathomed the ethereal depths of the eye? The maiden conceals a fairer flower and sweeter fruit than any calyx in the field; and, if she goes with averted face, confiding in her purity and high resolves, she will make the heavens retrospective, and all nature humbly confess its queen. Under the influence of this sentiment, man is a string of an Aeolian harp, which vibrates with the zephyrs of the eternal morning. There is at first thought something trivial in the commonness of love. So many Indian youths and maidens along these banks have in ages past yielded to the influence of this great civilizer. Nevertheless, this generation is not disgusted nor discouraged, for love is no individuals experience; and though we are imperfect mediums, it does not partake of our imperfection; though we are finite, it is infinite and eternal; and the same divine influence broods over these banks, whatever race may inhabit them, and perchance still would, even if the human race did not dwell here. Perhaps an instinct survives through the intensest actual love, which prevents entire abandonment and devotion, and makes the most ardent lover a little reserved. It is the anticipation of change. For the most ardent lover is not the less practically wise, and seeks a love which will last forever. Considering how few poetical friendships there are, it is remarkable that so many are married. It would seem as if men yielded too easy an obedience to nature without consulting their genius. One may be drunk with love without being any nearer to finding his mate. There is more of good nature than of good sense at the bottom of most marriages. But the good nature must have the counsel of the good spirit or Intelligence. If common sense had been consulted, how many marriages would never have taken place; if uncommon or divine sense, how few marriages such as we witness would ever have taken place! Our love may be ascending or descending. What is its character, if it may be said of it We must respect the souls above,But only those below we love. Love is a severe critic. Hate can pardon more than love. They who aspire to love worthily, subject themselves to an ordeal more rigid than any other. Is your friend such a one that an increase of worth on your part will surely make her more your friend? Is she retained is she attracted by more nobleness in you by more of that virtue which is peculiarly yours, or is she indifferent and blind to that? Is she to be flattered and won by your meeting her on any other than the ascending path? Then duty requires that you separate from her. Love must be as much a light as a flame. Where there is not discernment, the behavior even of the purest soul may in effect amount to coarseness. A man of fine perceptions is more truly feminine than a merely sentimental woman. The heart is blind, but Love is not blind. None of the gods is so discriminating. In Love Friendship the imagination is as much exercised as the heart; and if either is outraged the other will be estranged. It is commonly the imagination which is wounded first, rather than the heart, it is so much the more sensitive. Comparatively, we can excuse any offense against the heart, but not against the imagination. The imagination knows nothing escapes its glance from out its eyry and it controls the breast. My heart may still yearn toward the valley, but my imagination will not permit me to jump off the precipice that debars me from it, for it is wounded, its wings are dipt, and it cannot fly, even descendingly. Our blundering hearts! some poet says. The imagination never forgets; it is a remembering. It is not foundationless, but most reasonable, and it alone uses all the knowledge of the intellect. Love is the profoundest of secrets. Divulged, even to the beloved, it is no longer Love. As if it were merely I that loved you. When love ceases, then it is divulged. In our intercourse with one we love, we wish to have answered those questions at the end of which we do not raise our voice; against which we put no interrogation-markanswered with the same unfailing, universal aim toward every point of the compass. I require that thou knowest everything without being told anything. I parted from my beloved because there was one thing which I had to tell her. She  questioned  me. She should have known all by sympathy. That I had to tell it her was the difference between usthe misunderstanding. A lover never hears anything that is  told, for that is commonly either false or stale; but he hears things taking place, as the sentinels heard Trenck mining in the ground, and thought it was moles. The relation may be profaned in many ways. The parties may not regard it with equal sacredness. What if the lover should learn that his beloved dealt in incantations and philters! What if he should hear that she consulted a clairvoyant! The spell would be instantly broken. If to chaffer and higgle are bad in trade, they are much worse in Love. It demands directness as of an arrow. There is danger that we lose sight of what our friend is absolutely while considering what she is to us alone. The lover wants no partiality. He says, be so kind as to be just. Canst thou love with thy mind,And reason with thy heart?Canst thou be kind,And from thy darling part?Canst thou range earth, sea, and air,And so meet me everywhere?Through all events I will pursue thee,Through all persons I will woo thee. I need thy hate as much as thy love. Thou wilt not repel me entirely when thou repellest what is evil in me. Indeed, indeed, I cannot tell,Though I ponder on it well,Which were easier to state.All my love or all my hate.Surely, surely, thou wilt trust meWhen I say thou doth disgust me.O I hate thee with a hateThat would fain annihilate;Yet, sometimes, against my will,My dear Friend, I love thee still.It were treason to our love,And a sin to God above,One iota to abateOf a pure, impartial hate. It is not enough that we are truthful; we must cherish and carry out high purposes to be truthful about. It must be rare, indeed, that we meet with one to whom we are prepared to be quite ideally related, as she to us. We should have no reserve; we should give the whole of ourselves to that society; we should have no duty aside from that. One who could bear to be so wonderfully and beautifully exaggerated every day. I would take my friend out of her low self and set her higher, infinitely higher, and  there  know her. But, commonly, men are as much afraid of love as of hate. They have lower engagements. They have near ends to serve. They have not imagination enough to be thus employed about a human being but must be coopering a barrel, forsooth. What a difference, whether, in all your walks, you meet only strangers, or in one house is one who knows you, and whom you know. To have a brother or a sister! To have a gold mine on your farm! To find diamonds in the gravel heaps before your door! How rare these things are! To share the day with youto people the earth. Whether to have a god or a goddess for companion in your walks or to walk alone with hinds and villains and carles. Would not a friend enhance the beauty of the landscape as much as a deer or hare? Everything would acknowledge and serve such a relation; the corn in the field, and the cranberries in the meadow. The flowers would bloom, and the birds sing, with a new impulse. There would be more fair days in the year. The object of love expands and grows before us to eternity until it includes all that is lovely, and we become all that can love.

Wednesday, November 6, 2019

A Changing America; The Early 19th Century essays

A Changing America; The Early 19th Century essays In the late 19th Century America was going through a change. The democracy of the nation was taking a new shape, and Americans were forming their future through more political systems. New issues were effecting the American people, and organization became a viable method of being heard. Politicians were becoming actual voices for groups of people, rather than being a vessel for corruption and political favoritism. The face of the nations was in transformation and everything would change with it. One of the nations biggest changes started in the work force. When working conditions started to become too adverse, workers started seeing the advantage of banning together as unions. Owners who would not pay attention to the needs of individuals, could not ignore when their entire labor force demanded that an issue was resolved, and owners were forced to pay attention. Labor unions became a political power, pressing under the notion that they were giving the people the voice they deserved. As unions matured they would move through phases of representation: from representing a large number of people in a variety of occupations, to becoming more specified to the individuals within one occupation. Eventually many unions existed for all different professions, all focusing on their sector of the work force. The system of political representation followed a similar suit. Instead of a system of wide representation across a wide area of land, representation became more specific to small locations. This helped lower political corruption which was becoming more rampant up until that point. Political favors were no longer the dominating way to get what you wanted out of the government. The more focused representation could help get the issues of more people in front of the congress. Out of the more focused representation, voices of immigrants, non-caucasions, and women would not fall onto deaf ears. Immigration was peaking at the end of the 19th ...

Monday, November 4, 2019

Law of Contract, Case Law Essay Example | Topics and Well Written Essays - 2000 words

Law of Contract, Case Law - Essay Example Mutual assent is manifested in an offer, acceptance, and consideration. An offer is an indication by one party, offeror of a willingness to enter into a contract with another party, offered on some specific terms. A valid offer creates a power exclusively in the hands of the offeree such that all that is needed to form a contract is acceptance. If one or more of the terms are missing from the offer, a court may supply those terms. Acceptance is an unequivocal indication that the offeree agrees. nothing. The scope of Consideration arises from when a person makes promise to another; he does so with the intention of deriving some advantage which the person to whom the proposal is made is capable of conferring upon him. In this sense we can define consideration as a legal detriment bargained for in exchange, i.e. agreeing to do something which you have no legal obligation to do or agreeing not to do something which you have a legal right to do. In Currie Vs Misa (2)the term consideration defined as " a valuable consideration in the eye of law may consist either in some right, Interest, profit or benefit accruing, to the one party ,or some forbearance, and detriment, loss or responsibility given, suffered, or undertaken by the other." In Dunlop v Selfridge (3) the consideration is defined as "an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable." From all these definitions and explanations of consideration it is apparent that an act without consideration is not legally binding; it is a so-called naked act, which does not give rise to a right of action.There exist some rules governing the Consideration. 1. If one party voluntarily performs an act, and the other party then makes a promise, the consideration for the promise is said to be in the past. The rule is that past consideration is no consideration, so it is not valid and cannot be used to sue on a contract. 2. Consideration must be sufficient but need not be adequate. ----------------------------------------------------------------------------------------------------------- 2. Currie Vs Misa 1875 LR 10 Ex. 153 3. Dunlop v Selfridge 1915 AC 847 3 3. The person who wishes to enforce the contract must show that they provided consideration; it is not enough to show

Saturday, November 2, 2019

Corrections and Prisons Essay Example | Topics and Well Written Essays - 1250 words

Corrections and Prisons - Essay Example The court system in the United States is divided into the federal governments and the state governments which are administratively different from each other (Miller & Gaines, 2012). The courts act independent of the legislature and the executive; it is a semiautonomous branch of the government. The federal court system vests power on one Supreme Court and all the other courts remain inferior to the Supreme Court. Federal courts are divided into three levels; the federal district courts, the courts of appeal which is more superior to the district courts and Supreme Court which is the highest federal court. Miller & Gaines (2012) cited that, the federal district courts are made up of 92 districts with at least one bench in each of the available 50 states, one each in the Columbia District and Puerto Rico. There are judges in each of the districts ranging from 1 to 20 judges. District court judges are appointed by the president recommended by the members of the senate and confirmed by t he senate. District federal courts are charged with the responsibility of solving cases like violations of the constitution and other federal laws, cases that directly involve the federal government, maritime disputes, foreign government cases, and cases involving citizens from foreign countries or of two different states (Miller & Gaines, 2012). The court of appeal system consists of 11 judicial circuits in the 50 states and one in the Columbia District. ... and is the only federal court that is mandated by the constitution to give a final jurisdiction on all the cases that come before it. It consists of one Chief Justice and 8 Associate Justices. In addition, it has jurisdiction on cases that involve two or more U.S. states and high ranking diplomatic staff. Judges in the three main federal courts serve for life (Miller & Gaines, 2012). The federal judiciary also watches over a group of courts that handle specialized and specific cases. For example, the Court of Federal Claims that looks into cases of monetary claims alleged against the U.S. government. There are also the Courts- Martial that handles cases that involve the military personnel under the Military Law and the Tax Court (Miller & Gaines, 2012). State court systems are diverse having a hierarchically organized system that encompasses general and specialized courts. It comprises of inferior courts like the magistrates court, justice of peace court, municipal court, traffic cou rt, municipal court, police court and the county court which handle minor criminal and civil cases in mostly an informal manner (Miller & Gaines, 2012). Serious and superior cases are heard in the state district court mostly known as the superior court. Superior courts hear appeals from minor courts and are organized by counties; they have jurisdiction over major civil suits and serious crimes like grand larceny. Large cities like New York have appellate courts between the superior courts and the states highest courts. Courts with special purposes under the state courts include probate court, family court, divorce courts, juvenile courts, small claims courts and housing courts. Judges in these courts may be elected or appointed. When appointed, the judges