Comparison of Noir and Neo Noir Themes in the Films Double...

The attempt of this overview is to discuss the similarities, differences and influences of Noir Film and Neo Noir Film and analyzed how they have evolved taking Double Indemnity and Chinatown and as generic examples.To achieve this attempt, first of all. It is important to know what it is considered Noir Film, when it began and how this was developed into the Neo-Noir cinema. It is considered Noir Cinema those made between 1940 and almost 1960 in which very inner characteristics were the individual against the whole, nihilism, dark environment, unusual prospective, shadowed protagonist†¦ The main character use to make a bad choice that would mark him forever like gangster activities (antagonistic behavior) or getting trapped by a femme fatale as is another classic element (like in Double Indemnity). Not all of these elements are always involved but surely some of them. Noir Cinema was developed under a particular style of high contrast dark-light too that was very identifiable. Some examples of this period are Touch of Evil or The big Sleep. Some European Directors of Photography like Michael Curtiz or Fritz Lang helped out in the early grown up to develop this shadowy lighting clichà © that still inspires dark stories. Classical Noir Lighting *The Maltese Falcon is considered the first Noir film (1941) *John Allton is considered the main Director of Photography of Noir FilmShow MoreRelatedAmerican Film Noir For Present Day1829 Words   |  8 Pages American Film Noir Student’s Name Institutional Affiliation American Film Noir There have been several debates over a long period of time concerning the validity of film noir as a distinct genre. Essays and books have debated the term for years using various criteria and rubrics to back up their respective positions on the subject. As the 21st century brings new and creative trends from screenwriting to post-production and everything in between, the boundaries of noir become even

Ethnography of the American Flag Essay - 720 Words

In America there is a religious totem held above all else. It is a piece of square cloth with thirteen red and white lines and 50 stars that they place on a pole over their heads. They honor their flag in almost every aspect of their lives. They are placed at national shrines, cathedrals, outside homes and inside of every classroom. Every the morning in schools all across the nation children are required to pray to the flag and pledge their loyalty. In it is raised every morning outside the school and then taken down at the end of the day. A smaller version also hangs in most classrooms for the children to gaze at with pride. Before undertaking in major event the Americans stop and serenade their flag, before sports games, ceremonies and†¦show more content†¦Our Flag, the symbol of freedom for over 216, 000,000 citizens of our great land, and the banner under which countless millions have given their last measure of devotion in wars to protect our freedom, will never be forg otten. It is for us the living, in strength and unity, to love and respect our Flag. As we remember our Flag, we know that it represents the living country and it is a precious possession† (Flag Etiquette). The leader then commences to lead the audience in the pledge of allegiance and pray to God to keep our nation safe. The national anthem is then played and the ritual is completed (Flag Etiquette). During the ceremony the power is extremely hierarchical and resembles Mauss’ sacrifice circle with the flag in the center followed by the ceremony leader in the next circle then the thirteen helpers in the next circle and all the observers in the last circle. Even though this ritual is extremely sacred there is no ordered structure of who exactly can perform the ritual. In the United States Flag every citizen has the right to honor and retire their own flag; the U.S. flag code â€Å"does not authorize any particular organization with the duty of retiring unfit flags. 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Retailing in China Free Essays

string(104) " and stick to their distinct features are the requirements of localization for transnational retailers\." Therefore, the aim of the present study is to work out a high-level plan of successful localization trainees. By analyzing the status quo of Chinese retail market and the current situation of transnational retailers in China (including the case study of Careful), this paper explores how consumer behavior, culture and government roles can affect the localization strategy and creates a list of formats for successful localization strategies. The paper proceeds in four sections. We will write a custom essay sample on Retailing in China or any similar topic only for you Order Now First, the concept of retailing localization (3 layers of localization) is Introduced as an antidote to the deficiencies of the prevailing study approaches to transnational retailing. One background sections hen follow. While the first part charts the status quo of Chinese retailing market and the rapid growth of transnational retailing, the second profiles the opportunities and threats transnational retailers face in the process of localization. Then, by studying the case of Careful (China), the strategy analysis of localization in China for transnational retailers is profiled, including the analysis of the 3 layers of localization – namely localizing the strengths, localizing the products and operational system (ups) and localizing management and corporate cultural (PEP). Finally, the wider implications of this study for transnational retailers in the process of localization are put forward in the concluding section. 1. Introduction 1. 1 The Problem and the Study Objective Admit it or not, the relationship between transnational giant retailers and China has become a love-hate one. On one hand, China Is virtually any retailer’s largest opportunity for growth In the 21 SST century. With its booming economy, fast growing domestic markets and untapped talent base, China offers massive business opportunities and great strategic importance for retail companies all over the world. A large and growing consumer base of 1. Billion people. National retail sales reached some 837$ billion in 2005 with an increase of 12. 9% over 2004 It is estimated that national retail sales will exceed some 1250$ billion in 2010. Source: http://www. Showbiz. Com. CNN/ SMS. PH? Org=show=33431 =l On the other, China’s unique cultural, business, and political environments pose significant challenges to transnational retailing operations that require a high degree of localization. Based on the fact that the localization of retailing Is much more complicated and comprehensive than other Industries, retailers usually find themselves puzzled and bewildered 1 n China. Indeed, many r etailers have fallen prey to these challenges in the past 10 years AT operations In canal toners nave Eden unrolling extreme narrators In ten process of localization. The concrete causes of their problems vary. However, one common underlying characteristic is that they all, to some extent, failed to conduct successful localization strategies. The initial objective of this paper is to look at the problems retailers have encountered and explore the flaws in their localization strategies. The present study has one more objective: to work out a solution to a racial problem about how the transnational retailers can deal with the socio- cultural differences in China and conduct successful localization strategies. On the surface, these challenges appear difficult to overcome; yet, when we study the case of the multinational retailing corporations operating in China today, it is evident that some have achieved exceptional success based on their well-developed localization strategies. The experiences of these successful companies can be mined to create a list of formats which can help diagnose localization blunders of transnational retailers in China. Thanks to my internship experience with Chuan as Sale Management Trainee, I have been able to investigate retailing operations as an insider and had more profound understanding on this study. . 2 Current Study The uniqueness of Chinese retail market and the high demand of localization for retailing industry both in degree and content, make the research on the localization of transnational retailers in China an extremely interesting and meaningful one. While many previous researches have been focused on the localization of transnational corporations , only a few have explored the localizing strategies of retailing operation. Therefore, it is not an easy task to study the localization of retailing operations. However, by referring to those previous studies in relating fields, I have been able to explore deeper about this subject. The study of this paper is based on a mixture of primary and secondary sources. This material is supported by critical examination of longitudinal data from annual reports, company documents, as well as scientific work of business magazines and web site. 2. Localization 2. 1 The Definition of Localization When a company conducts global expansion, it is surely to be involved into the process of communication with local customers. It is therefore necessary for the company to get familiar with local culture, to study different customs, and to make proper adjustments to their strategies according to the varied response of customers. The executive of Careful once said 2 when doing market research in China that, â€Å"A store is a miniature of the country or city it locates in, so it should be adapted to the local environment. † There are many definitions on localization from different angles. Some of them are based on cultural and linguistic context, some focus merely on localizing the products. However, as for he definition of retailing localization which is a highly territory-embedded process, more practical and multidimensional view is required. Definition based on culture context According to the Localization Industry Standards Association (LISA), localization Involves: ‘alkali a product Ana making It linguistically Ana culturally appropriate to the target locale where it will be used and sold. ‘ 2. 3 Three Layers of Localization for Transnational Retailing 2. 31 Two Misconceptions of Localization A. When talking about localization, people usually focus merely on product or service. Nevertheless, a successful localization strategy for retailing is much more complicated and comprehensive, including also the localization of operating system , management system ,even corporate culture and business ideas. B. A very important aspect of localization is usually ignored, that is, to bring in and localize the advantageous strengths of giant retailers. To retain their core values and stick to their distinct features are the requirements of localization for transnational retailers. You read "Retailing in China" in category "Papers" In other words, localization and sticking to their uniqueness or strengths never contradict with each other. Instead, a sound localization occurs under the precondition that the strengths are maintained and enhanced during the process of development and adjustment. 2. 32 Layer 1 : to Localize the Strength of Giant Retailers A. Strength of giant retailers When talking about the localizing of strengths, it is significant to identify the strengths of giant retailers in the first place. Giant retailers have achieved great success in the world market largely because of the competitive advantages developed over decades of operation. Indeed, marketing and distribution expertise adds value at foreign-owned detailing stores. For Chinese consumers in particular, who are increasingly conscious about food safety and hygiene and getting sick with the environment of traditional Chinese markets, transnational retailers offer greater reassurance and a wider choice than traditional markets. ‘Compared with a Chinese supermarket, the service is better, the choice is wider, the food is fresher and they provide shuttle buses,’ said Yang Shaping, a retired woman who spends about 100 Yuan during her weekly shopping trip to Wall-Mart. (The Guardian, 25/3/2006) The strengths of giant retailers are listed as follows: a. Abundant capital, their scale, a stable flow of finance and rapid turnover b. Advanced technology and advanced distribution, logistics systems c. Advanced marketing and management experience 3 d. Well-established global competitiveness, corporate image and culture B. Three phases of localize the strength While it is important to note that transnational giant retailer have their strengths , more attention should be paid to the localization of these strength due to the fact that no business idea or system can achieve success by simply copying unless they are made suitable to the local market environment. Wall-Mart’s Cam’s Club is a good case in point: The most important feature of Cam’s Club is that it is located in the countryside. It has achieved great success in the United States, however, it turns out to be a total failure in the Chinese market because only a small proportion of Chinese people own private cars. What’s worse, the transportation system in China is far from well-developed. Consequently, city dwellers have difficult access to Cam’s Club located far away from their home. Realizing this problem, Wall-Mart soon decides to open stores in the cities to accommodate itself to the Chinese market. To localize the strength, the first step is to bring in advanced technology and management system to a foreign market for that is exactly winner ten AAA value Lies In. I en Toweling step Is to accost tense strengths to certain economic and cultural environments. Next, after localization reaches certain degree, hopefully, this strength can be further developed. 2. 33 Layer 2: to Localize Product and Operational System According to Farley dictionary, retailing is the functions and activities involved in the sale of goods and services to consumers for their personal, family, or household use. It is obvious that retailing as an industry has intense communication with consumers, the service retailers offer is, by large extent, to provide customers with products they need. Due to different culture, custom, demographics, different group of people in different region have varied tastes over products. Therefore, retailers have to make careful investigation and analysis into consumer behavior and preference in order to enhance consumer satisfactory. A thorough localization strategy in product structure is critical to transnational retailers. As for sourcing, localizing the sourcing in local economy enable transnational retailers to meet needs of local customers and reduce delivery cost. Top retailers have come up with a series of advanced business modes and operation system during long time of operating experience. But this modes and system should be integrated into and modified with local environment and uniqueness, as explained above in the elaboration of the first layer of localization. 4 3. Retailing Transnational in China 3. The Status Quo of Chinese Retail Environment Like everything else in China these days, the change of retail market is at a spectacular speed and on a scale the world has never seen before. It is already one of the fastest expansions in retail history, but analysts say it could get faster as international giants race for territory in a $billion retail market that is growing at a double-digit pace. The domestic supermarket leader is Baling, with nearly 2 000 stores, and the foreign legion is led b y Careful, which has 70 hypermarkets, eight supermarkets and more than 100 discount shops. Wall-Mart currently has 56 megastars mostly in the southeast with about 30 000 employees. But even after it opens 20 more stores this year, its sales are unlikely to enter the top 10 of China’s major retailers. Germany’s Metro is the No. 4 foreign player, with 24 stores and another 40 within five years. Foreign investment has formerly been focused in Shanghai, Beijing, Sheen and other large eastern cities. But, as a sign of the growing power of Chinese consumption, many of the new shops are being opened in smaller cities. 3. Opportunity and Threat Analysis 3. 21 Opportunities for Retailing Transnational There is no shortage of incentives for foreign retailers in China. For many Chinese people, price is no longer the priority. Foreign retailers are also Telling It sealers to set up snoops Decease many restrictions n overseas firms were lifted in 2004 under China’s World Trade Organization commitments. A. The largest consumer market With a population of 1. 3 billio n and massive markets, China is attracting intense interest from the world as a consumer market. Over the past 20 years, retail sales in China have Jumped nearly 15% annually, to some $837 billion in 2005 making it the third-largest market on earth. The average annual income of China’s 1. 3 billion people is less than $1 500. But the middle class is growing fast particularly in eastern cities and it has enough disposable income to start focusing on brand, safety, quality and taste. Consumer demand for modern shopping environment Since the mid sass, the high demand for modern shopping environments in China has been growing due to the rapid economic growth and rising levels of affluence. And consumer expectations have shot up even faster. Accompanied by the increase of purchasing power in China since then, both traditional supermarkets and department stores were not be able to meet the requirements of one-stop 5 shopping and shopping as leisure. Just a few years ago, most Chinese were content to line up in state-owned stores to buy whatever meager products were available, ND then shuffle off to unsanitary outdoor markets for meat, eggs, and vegetables. Now both local chains and the multinationals are pushing out the stodgy old state retailers and mom-and-pop shops by building big, convenient stores in central locations in Beijing, Shanghai, and Gunshot. Huge mass retailers emerged by providing customers with a great variety of goods at low cost and one-stop shopping. Therefore, it is undoubted a golden time for retailers to enter a market that shows great assurance to them. For example, Macro from the Netherlands first entered Taiwan and quickly captured more than 30% market share in 1989. B. The change of policy from a protectionist orientation toward liberalizing In keeping with the conditions for China’s membership in the World Trade Organization, Beijing on Deck. 1, 2004 lifted most restrictions on foreign retailers. Gone are limits on the number of stores, rules confining them to large cities, and regulations capping the foreigners’ stake in local ventures at 65%. C. Regional advantages of Chinese market Cheep and sufficient labor resources: with its vast population, China is always able to provide transnational retailers with abundant labor force which requires relatively low ages. Moreover, Chinese employees are far more reliable than their counterpart in the host countries of international giant retailers. Cheap merchandises: the cost of many products in China is much less than in developed countries because of the cheap labor, which allows transnational retailers to make reasonable sourcing decisions both in China and the world. 3. 22 Threats for Retailing Transnational Given all the opportunities presented by China’s growth, many NC retailers are eager to gain access to this market. The country unique traditions, history, culture, and overspent policies, altogether mean that doing business in China can be a complicated and time-consuming undertaking. Foreign retailers interested in gaining access to China face lots of challenges which they must attempt to solve or they will turn away. A. Intense competition from both transnational and domestic companies Competition from transnational companies There has always being fierce competition Detente gallant retailers In ten essences market; no one wants to De lagged Denver. As Tiff Gill, senior manager of the Kurt Salmon Associates Consultancy said, ‘All the big players are engaged in a turf war. It is about being first and getting as much coverage in as many cities as possible. This is a period of very aggressive growth. We are bordering the top end of the curve. But there is a possibility that investment could grow even faster. ‘(The Guardian, March 25, 2006) Many U. S. And foreign retailers are accelerating their investments in China, spurred by further easing of government restrictions and the allure of the world’s fastest-growing consumer market. These giant retailers are engaging in fierce competition, opening many new stores in order to take advantage of the high rates of growth in this segment of the detail market 6 B is also pushing hard. The British firm’s owner, Kingfisher, plans to increase the number of its stores in China from 49 to 100 by 2010. Kea has also caught the expansion bug. For several years, it has had only two superstores in China, but it plans to open two a year from now on. Competition from Chinese domestic companies Chinese sellers have the edge over foreign rivals, strengthening their presence more rapidly at lower expenditures. Their understanding of the local market and well-developed sales networks enable domestic retailers to respond more quickly and react more flexibly to market changes. With the foreigners attacking their home turf, Chinese retailers are fighting back. Take China Resources Enterprise Ltd. , which operates more than 1,700 supermarkets and hypermarkets, including China Resources Vanguard stores for example, the retailer has trimmed its staff to boost profitability, and has sought to improve management by raiding the foreign chains. Today nearly half of the middle and senior managers in Acre’s retail unit used to work at foreign-owned stores. Those foreign-trained managers have brought in marketing expertise. For instance, to build brand loyalty, CREE rewards frequent shoppers with discounts, and the company has lolled out more than 60 private-label products, including bottled water, shampoo, and body lotion. And CREE is moving upscale. The company this year expects to open four â€Å"lifestyle† stores offering higher-end products. Plans call for an additional 20 such stores within three years. Chinese government’s ultimate goal is to create a dozen or so big local players that will be strong enough to compete with the multinationals at home and expand overseas. It is not possible for the Chinese government to allow foreign retailers to take the dominant position in the Chinese market. B. Diversified consumer behavior Chinese people have their own unique characteristics, considerably different from, sometimes contrary to, that of Westerners. Consequently, Chinese consumers have their unique buying behavior, buying motive, their preference on merchandise and taste on design etc. Therefore, the marketing strategy to penetrate Chinese market should be tailored to these Chinese characteristics. Unique Chinese characteristics * Chinese adapted to catering to authority and to harmonize with others. Chinese have more interest In unman Telling Ana mementos than clientele or logical concerns. In terms AT KICK read, literary books rate more highly than scientific books, compared with westerners. 2003:128-161) Chinese culture is built on trust, relationships, and mutual respect. * Negotiations are normally bottom-up and informal. (Comfort, J. 2001 : 23 -26) *The concept of face’ is very important Avoiding action that could be perceived as anti-china, coercive, or condescending. Chinese purchasing behavior and recent trends * The Chinese display a strong suspicion of cheap products combined with a desire for bargains. The typical Chinese shopper engages in habitual comparison shopping rather than 7 impulse buying, typified by the saying, ‘Never make a purchase until you have compared three shops. ‘ Nevertheless, shoppers quickly snap up items perceived to be bargains. * Generally speaking, Chinese are fickle customers with little brand loyalty. (Kate-if, lee 2003: 10-13) When selecting purchases, the Chinese tend to attach more importance to the reputation of the item among the community they belong to, such as colleagues, friends, neighbors than to the performance of the goods or how well they suit their lifestyle. Thus, penetration of all communities is important for successful marketing in China. * Laying great emphasis on freshness f food: * There are also numerous new trends for Chinese consumer, which makes it difficult for overseas retailers to sensor and follow. A. Being increasingly conscious about food health and hygiene b. Issues of obesity and nutrition amongst children are also of increasing concern. Double-digit growth in the fast food and snack industries, changing lifestyles and a uniquely Chinese legacy – the one child policy -? are key drivers. C. Concerns focused on environment, safety have accelerated in the wake of CARS, avian flu and widespread pollution, prompting a wider consciousness about product safety – from ice cream to I-pods. And, while perhaps sporadic and not yet conscious, a linkage between consumer rights and wider environmental concerns is beginning to emerge. D. While still evolving, the expression of consumer rights in China marks an important stage on the road to a greater collective social conscience, which, for so long, has opted to be quietly oppressed by those in authority. 4. Localizing the Strength Giant retailers have all establish a prestige during long time of operation. Yet, in China they may encounter unexpected situation result from the uniqueness of Chinese market. Consequently, retailers should be clear about what detergents can remain effective and what should be changed and localized. While Careful draws on its network system in its global operations (e. G. For certain IT and logisti cal systems), most aspects of its activities are strategically localized to meet the specific characteristics and needs of the Chinese market and its business, political and consumer cultures. Generally speaking, the key success factors for Careful, which are applied worldwide, are: one-stop shopping, extremely low prices, full range of choices, self-service, and free parking. These factors can be viewed as the strength of Careful. To remain competitive in China, Careful bought in these strengths with her, adopting flexible two-stage philosophy to localize her long-established strength and achieve stable growth. At the 1st stage, to enable branch stores to smoothly operate as fast as possible and to maintain high turnover. Meanwhile, to decentralized authority of set-up branches to link with community development that Totally leads ten Increases AT local tax, employment Ana Turner proselytes AT communities, Careful decides to set up a new store after the investigations of location, store space and neighboring purchasing power. For example, she built a whole-selling or green store in industrial region and a general retailing or blue store in residential ones in Taiwan. By adopting this strategy, Careful could capture both big and 8 small accounts in one shot and then grow much faster than her rivals in the early stage of market entry. At the 2nd stage, Careful focuses on customers, personnel training and market channels. She gradually enhances service quality, product innovation and emphasizes personnel cultivation. Frenchmen take the positions of top-level management constantly to infuse management philosophy of ‘serve customers’ and ‘action orientation’ into each store overseas. When walk into any stores of Careful, you will see many staff walk around to replenish stocks all the time. The manager in charge of a store also wanders around the store once it is open. Careful further adopts strategic alliances to develop private label products to supply more offerings so as to meet the needs of one-stop shopping of Chinese people. At the same time, utilizing the system of commerce automation to centralize the purchasing matters of all stores, Careful could coordinate orderings, stock management and data processing for better control and decision-making. . 33 Public Relation In China, the localization of relation is the core of strategic localization. Chinese people pay special attention to the harmony of community. To deal with ‘relation’ in China is a matter of delicacy to transnational retailers because, for one thing, the relation-business pattern is very much different from their operation in western countries; for another, it is essential to their success in the Chinese market. The most successful retailing companies have been willing to exchange short-term profits for long-term success, short-term employee productivity for long-term employee development, and short-term expedience for long-term government trust. Relation with government As a special Chinese characteristic, good government relationship is very important for companies. The government is not only a major consumer (government procurement) , but it is also the main policy maker and opinion leader. Learning how government works and how to establish good relationships is a critical step. A foreign company that is considered a friend o government will be granted favors such as a heads-up on legislation changes or inside advice on how to do business. Conversely, a company that is deemed unfriendly will suffer consequences such as negative comments about its products or passage of laws that exclude it from doing certain business. Getting on the wrong side of a key government agency can be disastrous. Interestingly, Carouser’s relationship with the Chinese government is a love-hate one. She has made full use of the loopholes in government regulation to dominate the Chinese market, while at the same promoting employment and improving living standard. Relation with Partners Careful is good at choosing and maintaining local partners. She is always n seek of experienced local retailers actively and establishing cooperation with them to get Tambala to ten local market as soon as poss. Ole Ana gain support In sourcing, human resources. 9 5. Conclusion Further Implications for transnational retailers operating overseas Improving crisis management capacity When operating in foreign country, retailers are always confronted with problems. What transnational retailers need to do is to improve crisis management capacity. Take Wall-Mart’s bean curd crisis for example, instead of responding to the problem actively, it remained science long before giving a suitable explanation, which had ruined its image in Gudgeon seriously. When facing crisis, it is important to make quick response because silence may be interpreted as being indifferent and irresponsible by local consumers. Then, active investigations should be carried out immediately to find the causes. Finally, the existing problems need to be solved as soon as possible. Shaping humane culture That most retailers prefer on- going promotions to attract new customers and retain old ones is totally different from everyday low price and no price promotion practices of Wall-Mart. An open and tolerating culture of Wall-Mart could endure over time because managements treat employees as their associates. They show respect to each other and share both profit and knowledge that lead to the creation of a harmony organizational climate. Therefore, companies ought to develop themselves not as a workplace but a learning institution with the culture of caring and sharing. Combining sales channels Retailers could combine sales channels of physical stores and virtual ones to widen their accessibility to potential customers. The virtual shops could not only increase attention sales, but also accumulate market information for further investigation. Regarding localization as a two-way process Localization needs to be read as a potentially two-way process that is not simply about the transnational retailers adapting themselves to specific market conditions. Certain retail formats and technologies developed in particular contexts may then be diffused to other country operations, including the home market. Samsung-Tests, for example, has developed an IT system that has subsequently been rolled-out across the company, and is currently home to a ‘global’ team working on e-commerce technology. The emergence of China will be the single most important economic event in the next decade. Along with it will come tremendous business opportunities, a large pool of talent, and many powerful companies. The stakes are high for retailing company. If it fails, another company or product could become a Chinese national standard, its products could be excluded from government procurement, and its image could be destroyed. If it succeeds, it stands to gain sustainable and predictable profitability, win-win partnerships with the Chinese government and companies, and great employees from a pool of amazing talent. This paper describes a high-level plan of how to achieve this success by localization in China, by learning from other companies’ success and failures. First, a company must localize 10 Localization strategy AT Remonstration Retailers In c in 3 layers. Then, these strategies should be adapted to unique Chinese characteristics. In addition, giant retailers needs to improve crisis management capacity, shape humane culture, and develop greater information system. By carrying out the proposed strategy of localization, retailing companies can realize their potential in China by assisting China to realize her potential in the 21st century. 11 How to cite Retailing in China, Papers

Prison Privatization free essay sample

Analyzes need for benefits of this approach to overcrowding. Economics, legal issues, administration, liability, philosophies of punishment, role of govt. and public vs. private interest. For-profit incarceration is a controversial idea, but it appears to have become a permanent part of the American criminal justice landscape. While it is uncertain whether private prisons actually save any taxpayer money, and the ethical issues are troubling, those issues do not appear to place the industry in any real danger. There are several reasons for this, but it may be largely due to apathy on the part of the average American. While legal scholars and civil rights advocates may be troubled by the criminalization of status behavior, like drug offenses, or the incarceration of people by private firms, the average American may not fully understand the ramifications of those legal issues. In addition, even those that do understand the constitutional ramifications may feel like, because the impacted people are convicted criminals, concerns about their civil rights should be secondary to financial concerns. We will write a custom essay sample on Prison Privatization or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Whatever the reason, the reality is that prison overcrowding, which will continue as an issue unless America revises its current drug policies, is a serious problem, and that states cannot meet the demand for new prisons. Therefore, prison privatization is not only likely to continue, but to continue to grow, as a major part of the American criminal-justice landscape.

In 2013 the world was generati... free essay sample

In 2013 the world was generating more than 2.5 billion gigabytes of data every day, and 80% of it was unstructured (IBM, 2013). This is interesting that there would be such a gap in how much data is used and how much of it is unstructured. One would think that by 2013 many entrepreneurs would have been better able to take this market niche and capitalize on it. It is interesting that even IBM who is said to be one of the leading technology-based companies in the world with the deepest analytics portfolio in the industry hasnt closed this gap and been able to provide consumers with more of an ability to produce structured data platforms. Another interesting aspect of IBM had been that they are not just a computer manufacturing company. Most people in the consumer market believe that IBM is just a computer software/ hardware company that produces computers for retailers (and of course Watson), when they actually have operations and investments in places like decision management, content analytics, planning and forecasting, discovery and exploration, business intelligence, predictive analytics, data and content management, stream computing, data warehousing, information integration, and governance (IBM, 2013). We will write a custom essay sample on In 2013 the world was generati or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Even more interesting to this would be the amount of money IBM has invested into this growth, for instance, IBM has more than $24 billion dollars invested to acquire more than 30 of these investments and to bring on more employees to manage them (specifically 15,000 consultants and 400 mathematicians) and make them more efficient (IBM, 2013). It was particularly interesting had been the amount of interest IBM is showing to cloud computing. The company is planning on investing seven billion dollars into this industry (IBM,2013) as they predict it to be a growing marketplace. IBM continually has predicted that by 2016 about a quarter of the worlds electronic applications will have cloud computing capabilities to them. This is further reasoning for them to keep investing money to research and development and acquiring more smaller companies for this market (as they have already acquired fifteen) (IBM, 2013) to further expand their cloud operating capabilities.IBM Data ReportsCommon I ncome Statement Common Balance Sheet Balance Sheet Ratios What the Numbers Say The numbers from the balance sheet and common size income statement show that there are areas in which IBM should be concerned about. These areas would be their service, financing, and even sales. According to the charts, there had been a significant drop in each of these three areas at IBM. Sales dropped about $4 billion, services about $3 billion, and financing about 85 million in the year 2013 in contrast to 2011. However, it would appear from the charts that IBM is getting better about sales costs overall. In the year 2013, the company (IBM) was able to reduce these expenses by about $2.5 billion in comparison to 2011. It seems that IBM did stay maintain a stable growth overall in the rest of the categories (minus the ones just pointed out as concerning). It did appear however that a major strength in the companys investment portfolio would be their most recent (as of 2013) venture in cloud computing, computer and security markets. Seemingly these areas saw a slight increase in these categories on the balance sheet. With regard to the balance sheet ratios it appears that IBMs Improved all across the board in areas like short-term liquidity, operation, and gross margins from what it had been in the year prior, however inventory turnover has also increased significantly It also looks as if pretax and net income ratios have fallen in from the previous year along with pre and post-tax ratios and return on equity.Thoughts on IBM financial Performance from others In the year 2013 IBM lost much of their revenues becoming less profitable and shacking investors causing an increase in the sale of their stocks and subsequent drop in stock value IBM had a higher debt ratio in 2013 and have caused them to finance many of their assets with debts. In 2013 IBM shares had dropped 2.1% (Fay ; Bukovinsky, 2013) in comparison to the 26% gain of the Dow Jones Industrial Average (DOW) (Denina, Mang, ; Jawaher, 2016). Couple this with the fact the revenues for IBM had also fallen for six straight quarters (Denina, et al, 2016) in this time frame IBM is seemingly not a company that investors had wanted to invest in. IBM had been constantly losing revenues since 2011 on service, sales, and financing across the board further causing a drop-in investor confidence in the companys performance causing for trading to be lower than expected early in 2013. In contrast to other competitors in the marketplace, it was found that overall IBMs stock share performance remained flat throughout the year. However, IBMs working capital had increased considerably to $11,196 million from $8,805 million in 2011 not to mention they were able to generate more revenue per dollar in this same time frame. This is somewhat like similar what had been indicated in the charts above about IBMs financial performance. In some instances, items were increasing in cost causing for greater financial loses while there were also items in which were increasing IBMs revenues. The charts did indicate that there had been a reduction in sales and to financing which then leads to lesser amounts of revenues, however, one difference had been that there had been an increase net income at the end of 2013 in contrast to the years 2011 and 2012. Not only this, but the charts indicated that sales were a steadily on the uprising for the company and not just moving about in spurts or remaining flat as some may have reported. Seemingly, IBM was able to reduce costs, and increase their revenues while also acquiring multiple businesses to further spread their investment portfolio in the effort to diversify and build a market niche cloud computing.

Copernicus Essays - Copernican Revolution, Ancient Greek Astronomy

Copernicus Essays - Copernican Revolution, Ancient Greek Astronomy Copernicus Nicolas Copernicus Nicolas Copernicus 1473-1543 Physics February 8, 2000 Nicolas Copernicus Nicolas Copernicus 1473-1543 Copernicus was born in Poland in 1473, he started his education at Cracow University. There he studied mathematics and optics. From here he went to Italy, where he was appointed as a canon in the cathedral of Frauenburg, where he spent a comfortable academic life studding. Copernicus had some small hobbies while at the cathedral, he painted, and frequently translated Greek poetry into Latin. One other hobby that just wasn't small enough to be called a hobby to most of us was astronomy. He made investigations quietly and alone, without any help. He observed from a turret on a protective wall around a cathedral, he also looked with his naked eye rather than with a telescope. He was one of the founders of modern astronomy. Copernicus died in 1543 of a cerebral hemorrhage. In 1530 right before Copernicus died he managed to published his work, De Revolutionibus. Which said that the earth rotated on its axis once daily and traveled around the sun once yearly. This might no sound very controversial but at this time the church and its followers believed in the Ptolemiac theory, which stated that the universe was a closed space bounded by a spherical envelope beyond which there was nothing. (Landry 1999) Copernicuss works went against the church, and most scientific beliefs. This may be one reason why Copernicus didnt publish his work until his deathbed. Another reason may be that Copernicus was a huge perfectionist, and continuously redid his works over and over to get them right. (Field 1995) So you can see why Copernicus wasnt in any big rush to have the world know about his theory. On one hand he would cause a Nicolas Copernicus tramoundous stir in the church, and all the scientific community. He wouldve most likely have been fired from the comfortable church position he had for many years, and couldve given him a bad name. If it hadnt been for George Rheticus, a 25-year-old German mathematics professor Copernicuss might have never publiched his work. (Field 1995) Rheticus stayed with Copernicus for two years, and convinced him to release his work. His work the Copernicus's heliostatic cosmology involved giving several distinct motions to the Earth. It was consequently considered implausible by the vast majority of his contemporaries, and by most astronomers and natural philosophers of succeeding generations before the middle of the seventeenth century. Its only defenders included Johannes Kepler (1571 -1630) and Galileo Galilei (1564- 1642). Strong theoretical underpinning for the Copernican theory was provided by Newton's theory of universal gravitation (1687). (Field 1995) So Copernicuss whole argument stated that the planets and the Earth were in orbit around the sun, and the moon was in orbit around the Earth. This is called the The Heliocentric System: Nicolas Copernicus In conclusion Copernicus said that the Sun was the center of the universe, and went against all known knowledge, religion, and teachings. He took all his observations with the naked eye and with no help. Many disregarded his book and his theory, which went against everything that the church believed in. However if it wasnt for Copernicus, modern astronomy would have never made advances as far as it has to today. Copernicuss hard work and strength is why he is one of the most important founders of modern astronomy. Bibliography Field, J. V. (1995 August). Home page. [Online]. [2000, Feb. 8]. Astronomy 161 The Solar System . [Online]. University of Florida. [2000, Feb. 8]. Landry, Peter (1999 June). Home page. [Online]. Dartmouth, Nova Scotia. CANADA. [2000, Feb. 8].

MGT499 MOD 5 CA Essay Example | Topics and Well Written Essays - 750 words

MGT499 MOD 5 CA - Essay Example The management is feeling the heat of this issue as the brand ranking slipping down at a pace which requires immediate revisit of concerned strategic guidelines. Acknowledging the situation, Riki Inuzuka the Managing Officer, Corporate Planning Division and Research Division for Toyota states, â€Å"We will continue to make concerted and unified efforts to ensure quality as well as to achieve a higher level of safety.† (Inuzuka, 2011). An in-depth analysis into the structure of the organization, controls applied to ensure implementation of strategies and organizational culture can help to trace the root causes of the safety scandals currently facing Toyota. In seventy-five years of history, the company is predominantly governed and steered by â€Å"Toyoda clan† with some regimes of non-family top level management. This obviously, suggests some structural and strategic flaws as far human-resource management is concerned. In the first place, keeping the steering seat reserved for Toyoda family suggest that performance is not the only merit to reach the heights one may aspire in his career with Toyota. Obviously, when this favoritism and nepotism travels down the path and creates serious unrest and concerns among sincere performers. Secondly, it creates rift among family and non-family managers and creates a stressed environment, where non-family manager will feel insecure and therefore may go for some out of the box options to prove their worth and impress the higher management. Last two non-family presidential regimes; 1995-1999 Hiroshi Okuda and 2000-2009 Katsuaki Watanabe have successfully expanded the global share of the car-maker but not without a changed focus of strategic controls from quality to quantity and goodwill to profitability. (Shirouzu, 2010). The Toyoda family regained the leadership at Toyota when Akio Toyoda was announced as the president of the Toyota. Akio is now trying to shift the focus of the company from

Art Essay Example | Topics and Well Written Essays - 1250 words - 5

Art - Essay Example He had stated the same six years earlier, in his rather personal manifesto in the catalogue of his 1855 exhibition: To word, to make a living art, that is my aim.’ This is a very important idea that artists must contend with in the contemporary world since it’s the basis of pop art. Secondly, Pop Art was created in New York and London, and its view is on the very special world of the mid-twentieth-century metropolis. Unmistakably, Pop is rooted in the urban environment. Additionally, Pop looks at special aspects of that environment which because of their associations and cultural level seemed impossible as subjects of art. These included: comics and picture magazines, the world of popular entertainment, Hollywood movies, pop music and fairgrounds; consumer durables, foodstuffs and even money. Thirdly, pop artists treat this subject matter in a special manner. For instance, they insist that a soup can or comic strip is simply a ‘motif, an excuse for a painting, like an apple in a still-life by Cezanne. Roy Lichtenstein, for instance has said before that: ‘Once I am involved with the painting I think of it as an abstraction. Half the time, they are upside down anyway when I work.’ On the contrary, while in a Cezanne the motif is a familiar one, and it’s easy for the viewer to ignore it and focus on the formal qualities of the painting, in Pop Art this motif is by no means familiar and thus strongly engages the viewer’s attention (Rubin 162). Not only is the motif new, its presentation was startlingly literal and looked more like the real thing than ever before in art’s history. The outcome was a kind of art combining the abstract and the figurative in a new way. It was realism, though done in the full knowledge of all that happened i n modern art since the time of Courbet. The next part of the discussion focuses on the major Pop artists, namely Roy

Eastern Philosophy Essay Example | Topics and Well Written Essays - 2500 words

Eastern Philosophy - Essay Example The word Buddha refers to ‘the awakened one’ who has been enlightened. The philosophy of the Buddhist is that every on stands a potential of Buddhahood whether aware or unaware. Though this religious believe traces its origin among the Hindus, its fundamental believes are different from that of the Hindu. According to the Hindu, Buddhism is viewed as unorthodox (nastika). The history of this religion can be traced back in the early 566 B.C. through the royalty prince Siddhartha Gautama. Being a son to Indian Warrior-King, Gautama (the founder of Buddhism) led a very extravagant life from childhood to adulthood following the privileges associated with the uppers caste of prince-hood . When prince-hood living proved boring, he went off his way in search of understanding. In his external search, Gautama was finally made to believe that suffering awaits come end time. On believing the old man’s words, Gautama renounced his princely privileges and joined the monkhood, which deprived him of worldly possessions with strong hope of comprehending underlying truth of the surrounding environment. It was a tree that he finally believed that the end to suffering was ultimately salvation. Following his epiphany, Gautama became popular to the people of the same faith as ‘Buddha’, meaning "Enlightened One." Throughout his life, Buddha (Gautama) spent his entire life journeying about India, while preaching and teaching his understanding of the real world. This religion is based on four fundamental noble truths about suffering. These teachings are; the truth of suffering, the truth of causes of suffering, the truth and believe about the end of suffering, and the truth about the paths that leads believers off suffering. In the simple terms, Buddhists believe in the existence of suffering, suffering has its root cause; suffering would come to end via certain path. According to them, sufferings exist and we only need to navigate our ways through to attempt rectifying the situation. The first truth seeks to recognize the existence of suffering, the Second Truth determine the root causes of suffering. According to the Buddhists, ignorance and desire lie deep on the route to suffering. They also strongly believe that craving for material wellbeing, pleasure and immortality are human wants which can never be fulfilled. As a result, desire to have them satisfied would be more detrimental and would cause more suffering than good. With limited capacity for insight and mental concentration, Buddhists believe that development of the mind would be limited, thus unable to fairly grasp the truth about nature. Vices such as envy, greed, anger and greed, are due to ignorance. Though they also believe on the concept of leisure, but to them leisure fleets. They argue that pursuit of pleasure and leisure leads to unquenchable thirst. The same analogy is given on happiness. In the end, aging, death and sickness are inevitable for the entire hum an race. In the third Noble Truth, Buddhists believe that there is an end to suffering either by death or through achieving Nirvana spiritual position. The Fourth Noble Truth highlights methods that are deemed significant in achieving an end to suffering, commonly referred to as Noble Eightfold Path. The Eightfold Noble Paths are; Right Thought, Right Understanding, Right Speech, Right Livelihood, Right Action, Right Effort, Right Concentration, and Right Mindfulness. In addition, the path to overcoming suffering is divided into three themes: good moral conduct (Thought, Understanding and Speech), mediation and mental growth (Action, Effort, and Livelihood), and insight or wisdom (Mindfulness and Concentration)3. Hinduism Beliefs Hinduism is one of the historically old religious beliefs that is said to have originated basically from the Indian subcontinent. Philosophers and other religious scholars have always treated it as being more of a law or eternal path (Santana Dharma) than a

Analysis of the Human Rights Act, 1998

Analysis of the Human Rights Act, 1998 Human Rights Law ‘Despite the Human Rights Act 1998, the courts have failed appropriately to limit the scope for the exercise of breach of the peace powers.’ The Human Rights Act 1998 received royal assent on November 9, 1998 and came into force on October 2, 2000. The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights. To reaffirm the commitment of the UK to human rights and civil liberties, it is now possible under the said Act to file a claim for violation of the ECHR without going to the European Court of Human Rights in Strasbourg. Says Weinstein: This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note. Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. These cases illustrate the concept of what is increasingly being referred to as an evolving European supranational identity. The ECHR grants jurisdiction to any individual, non-governmental organization, or group claiming be a victim of a violation of the European Convention by a ECHR signatory nation, and to bring cases before it, as does, in applicable cases, the European Court of Justice (the ECJ), the court of the European Union, based in Luxembourg. Equally important, it prohibits any public body from behaving in a manner that is incompatible with any of the rights guaranteed under the ECHR. The Human Rights Act has gone a long way in limiting arbitrary actions from public bodies, in particular, police officers. It cannot be denied, however, that the laws on â€Å"breach of the peace† grant have historically been so vast in scope that in some occasions, human rights violations arise. The definition of â€Å"breach of the peace† (also known as breach of the Queen’s peace) has been discussed in the Court of Appeal decision of Howell, where it was stated as follows: We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. It used to be that the prospect of violence alone would not be enough to be considered a â€Å"breach of the peace†, as in the comment of Farqhuarson LJ that â€Å"The act which puts someone in fear of violence taking place entitles a police officerto detain the actor but it is not a breach of the peace, for the violence has not yet occurred.† There has been scant support for this view, such that in the present time, â€Å"breach of the peace† also embraces â€Å"behaviour likely to cause a violent reaction†, even if such behaviour is not of itself violent. The policy of the law has been recently discussed in the case of Humberside Police v. McQuade, where it was held that: â€Å"the policy of the law relating to arrest for breach of the peace is plain enough. Its purpose is to deal with emergencies. The power of arrest may be exercised without a warrant and belongs to the ordinary citizen as much as to the constable.† In a handful of cases, the European Court of Human Rights has found that there is no contradiction between the concept and the Human Rights act of 1998. The most cited case is the case of McLeod v. United Kingdom , where the Court held as follows: â€Å"The concept of breach of the peace has been clarified by the English courts over the last two decades, to the extent that it is now sufficiently established that a breach of the peace is committed only when an individual causes harm, or appears likely to cause harm, to persons or property, or acts in a manner the natural consequence of which would be to provoke violence in others.† There are several powers that underlie a â€Å"breach of the peace†. The first power is the power of arrest. In Howell the conditions for making an arrest on this basis were laid down, to wit – â€Å"Where: (1) a breach of the peace is committed in the presence of a person making the arrest or (2) the arrestor believes that such a breach will be committed in the immediate future by the person arrested although he has not yet committed any breach or (3) where a breach has been committed and it is reasonably believed that a renewal of it is threatened.† Another power is the power to enter premises. The leading case for this is the case of Thomas v. Sawkins which involved a meeting to protest the Inciting to Disaffection Bill. Wary that seditious and inflammatory statements would be made, the policemen stormed in and attended the meeting, even though they were aware that they were unwelcome. In a unanimous decision, the Court ruled that the presence of the police officers was lawful. Stone explains why this is an alarming prospect: A point of uncertainty, however, arose from the fact that the meeting took place on private premises. Did the power of entry recognised in the case only apply to meetings to which the public were invited, or are the police entitled to enter any premises on which a breach of the peace is occurring or is likely to occur? The judges in Thomas v Sawkins appeared to attach importance to the fact that they were dealing with a public meeting, but the general law of trespass makes no distinction of this kind. If those attending a public meeting on private premises do so on the basis of a licence from the occupier, then that licence may be withdrawn, from the police as much as anyone else. If the police have the power to override the withdrawal of a licence, then there seems no reason why that power should not exist on all occasions. The result is that Thomas v Sawkins had the effect of giving the police a power to enter any premises to prevent or deal with a breach of the peace. Another power police officers have is the power to control/restrict/compel an individual’s movement. The seminal case for this is the case of Moss v McLachlan , which involved militant striking miners prevented by policemen from joining the ranks of more â€Å"moderate† miners. The Court upheld the actions of the law enforcement agents, saying as follows: â€Å"If the police feared that a convoy of cars travelling towards a working coal field bearing banners and broadcasting, by sight or sound, hostility or threats towards working miners might cause a violent episode, they would be justified in halting the convoy to enquire into its destination and purpose. If, on stopping the vehicles, the police were satisfied that there was a real possibility of the occupants causing a breach of the peace one-and-a-half miles away, a journey of less than five minutes by car, then in our judgment it would be their duty to prevent the convoy from proceeding further and they have the power to do so.† There are many human rights issues that are affected by an overly-broad interpretation of â€Å"breach of the peace.† The first principle that they may invoke is the principle regarding Freedom of Thought, Conscience and Religion which is enshrined in Article 9. There is no dearth of cases that they may cite in order to support their position. For example, in the case of Arrowsmith v. United Kingdom, it was stated this right refers to acts that are an expression of a religion or belief. This right was raised before the ECHR for a variety of reasons, such as employment and prisoners’ rights. While certainly, the courts have taken quite a restrictive approach in applying the provision and granting relief under it, it has been restrictive when the acts sought to be justified are acts that are patently illegal and morally wrong, such as assisted suicide or the distribution of cannabis. These acts cannot be compared to the simple act of dancing or organizing. The dangers of cannabis and euthanasia simply cannot compare to the conjectured danger in the case at hand, and thus, the latter should fall under the ambit of freedom of religion. There is also the freedom of assembly and association argument (Article 11) that may be raised. Aside from imposing a negative obligation on law enforcement agents not trample on protected rights, they must secure the effective enjoyment of these rights. In the case of Plattform ‘Arzte fur das Leben v. Austria the ECHR held that â€Å"Genuine effective freedom of peaceful assembly cannot be reduced to a mere duty on the part of the state not to interfere†¦ Article 11 sometimes requires positive measures to be taken, even in the sphere of relations between individuals, if need be.† Freedom of Expression which may be found in Article 10, can likewise be cited. There can be no doubt that freedom of expression is of paramount importance. While the right to free speech is a crystallized principle that has been place almost since the beginning of time, enjoying a cherished position in the bill of rights of virtually all civilized legal systems, the interpretation of what constitutes free and protected speech still has yet to be perfectly refined. This provision has been invoked many times over in the course of history, whether within the European Union or outside, successfully and unsuccessfully; and Courts have had many opportunities to set standards and devise guidelines to determine if the speech in question should be protected or not. It is important to note that Article 10 protects not merely the substance of the idea but also the form that they are conveyed. This was the ruling in the case of Oberschlick v. Austria and it could be applied here. The form of the expression should also be considered protected speech. This is bolstered by the fact that in the case of Stevens v. United Kingdom, the concept of expression covers even â€Å"actions†. It becomes more difficult when the right to free speech competes with another right, in this case, the right of the public to order, or to put it more classically, the right of the Queen to her peace. In â€Å"easy† cases, all that should be done is look through jurisprudence until one finds the applicable case with similar facts. In â€Å"hard† cases with novel facts, the role of the judge becomes infinitely more difficult. The boundaries are ever-shifting; and internally, the judge will be trying not only to apply the law, but to subject the text or speech in question to her own subjective inquiry in order to determine the intent of the message-bearer and what the material was trying to say. Social and political values inevitably come to the fore. To quote legal writer Thomas Streeter, â€Å"It is in the character of language, in other words, that a judge will never be able to look at the text of the Bill of Rights and legal precedents to decide whether or not flag b urning is protected by the First Amendment; he will always in one way or another be forced to make a choice about whether or not he thinks it should be protected, and will always be faced with the possibility that a reasonable person could plausibly disagree.† What distinguishes the area on free speech from other â€Å"legally-indeterminate† areas is that it is inextricably intertwined with and largely dependent on language which, as many eminent linguists have said, is arbitrary in the sense that meanings cannot be derived from anything logically-inherent in the words. These meanings are merely â€Å"assigned meanings† born of the collective experiences of people in a community and this system of interpretation is never static. As stated by Streeter, â€Å"Aside from language in general and perhaps some very deep-level aspects of syntax, there is very little that is universal, neutral, or mechanical about human languages.† Another issue is the right to due process. Legal systems in the civilized world – whether in civil or common law jurisdictions have, at least in theory, given primacy to the rights of the accused, understanding that ambiguity should be resolved in his or her favor. This, however, does not mean that one must let down his or her vigilance and stop guarding against possible infringement of constitutional guarantees by overzealous judges, particularly at a time when human rights advocacy for the accused has been made unpopular by the rising rate of crime. It used to be that the primacy of the State is the core principle of the international legal regime as it is traditionally known. This, however, has been challenged by the alarming rise of state-sponsored human rights violations that has prodded the community of nations to recognize that its more pressing duty is to protect the individual from systemic and institutional atrocity, even at the expense of its legal fictions. To quote from Hersch Lauterpacht, in his article International Law and Human Rights, An international legal system which aims at effectively safeguarding human freedom in all its aspects is no longer an abstraction. It is as real as man’s interest in the guarantee and the preservation of his inalienable rights as a rational and moral being. International law, which has excelled in punctilious insistence on the respect owed by one sovereign State to another, henceforth acknowledges the sovereignty of man. For fundamental human rights are superior to the law of the sovereign State. This is the raison d’etre behind the International Convention on Civil and Political Rights which entered into force in 1966 and the Human Rights Act of 1998. State parties were cognizant of the need to protect civil and political rights of citizens from possible encroachment by the state. The ICCPR explicitly declares: â€Å"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.† It is undeniable that this includes protection of citizens from agents of the state such as members of the police force. And yet, we see how police officers routinely violate the human rights of those they apprehend. The implicit message is that these are criminals anyway – thugs, petty thieves, gangsters, punks, drug addicts, alcoholics – and they are doing society a favor by treating them brusquely. An oft-heard justification is that you cannot treat hardened criminals with kid gloves or you will be perpetrating crime even further. However, it cannot be gainsaid that the legal restrictions on evidence make police brutality inimical to law enforcement, rather than the opposite. Given the propensity of law enforcement agents to manhandle an accused or use unnecessary force to restrain and subdue him, they should be taught that such behavior only bolsters crime instead of eliminating it. First: it emboldens criminals to seek revenge and go on â€Å"vendetta killings† and perpetuates a vicious cycle of crime that exacerbates the situation even further. Second: evidence procured by vi rtue of such rough manhandling will not be admissible in evidence and the criminal they seek to put behind bars will be allowed to go back to the streets. Most importantly, however, even hardened criminals are covered by the human rights guarantees in the Constitution and in human rights conventions. Human rights are inalienable and imprescriptible, and they apply to everyone. But perhaps the most recent caselaw on breach of the peace with respect to the concept of human rights is the recently concluded Fairford Coach Action where the police detained 120 protesters on their way to an anti-war demonstration in Gloucestershire. The Public Order and Criminal Justice Act was used by the policemen. The Law Lords eventually ruled in favour of the protesters. In 2004, it made this crucial point: The rights to freedom of expression, and assembly and association, which are protected by Articles 10 and 11 of the ECHR respectively, are of the greatest importance to the proper functioning of any democracy. Any intrusion upon the rights, either by the developing common law or by the intervention of statute law, has to be jealously scrutinised. In conclusion, while certainly there are significant inroads brought about by the Human Rights Act of 1998, these still must be reckoned with the laws on breach of the peace. It is the duty of the courts and of every citizen to be vigilant against encroachments by police officers. The law is there to provide refuge, but education and awareness are primary.   Bibliography Hoffman, D. Rowe, J. (2003). Human Rights in the UK: An Introduction to the Human Rights Act 1998. London: Pearson Longman. Lauterpacht, Hersch. 1950. International Law and Human Rights. Connecticut: Archon Books. Stone, R. (2001) Breach of the Peace: The Case for Abolition. 2 Web. JCLI. Streeter, T. (1995) Some Thoughts on Free Speech, Language and the Rule of Law. In Jensen, R. and Allen, D. (Eds.) Freeing the First Amendment: Critical Perspectives on Freedom of Expression.31-53. New York University Press. Weinstein, B. â€Å"Recent Decisions from the European Court of Human Rights.† American Society of International Law. May 2000. visited 21 January 2007. http://www.asil.org/insights/insigh45.htm

Distance Learning Essay -- Essays Papers

Distance Learning In recent years, there has been a trend in the way that many major institutions of higher learning have been teaching their students. This change of pace in the education world is what is known as distance learning. Distance learning is the form of schooling that can be done over the Internet, and never actually being forced to be present in a classroom or even on the campus. According to Joel Snell, correspondence courses were the predecessors to what we now know as distance learning (258). Many people say that distance education is the future of our nations’ education, however there are many arguments against the wide spread establishment of distance learning programs. Although distance learning may seem like a bright future for education, nevertheless, it will never be as successful as campus learning, because every student must be self-driven and also highly motivated, the lack of access to libraries and other sources of information, and also face-to-face inter action is necessary for a good education. Many people think that distance learning is a perfect fit for men and women working on their master’s while still maintaining a job. When a person enters the real world and gets a job, they will not always have a lot of time on their hands that would allow them to go to classes. The ability to take their classes at anytime possible is one of the most appealing factors for distance learners (Flanagan). Another reason as to why distance learning is a perfect match for men and women taking classes while working is the motivation factor. Both Snell and Mariani agree that in order for a person to succeed in distance education, they must be highly motivated, which does not describe the ... ...he newest equipment today will just give you out-dated equipment a few months after the initial implementation (Porter 41-42). Based entirely upon the facts that are presented in so many academic sources, distance education programs are hard to implement as well as to maintain, so that it why that many fail, and they are not widely accepted in today’s day. Works Cited Flanagan, Robert. Personal Interview. 27 Oct. 2001. Mariani, Matthew. â€Å"Distance Learning in Post-Secondary Education: Learning Whenever, Wherever.† Occupational Outlook. 45. 2 (2001): 2-10. Minoli, Daniel. Distance Learning Technology and Applications. Boston: Artech House, 1996. Porter, Lynette. Creating the Virtual Classroom: Distance Learning with the Internet. New York: Wiley, 1997. Snell, Joel. â€Å"Distance Learning: Observations.† College Student Journal. 35. 2 (2001): 258- 259.