Is Justice Scalia Wise Enough in His Supreme Court Rulings Research Paper

Is Justice Scalia Wise Enough in His Supreme Court Rulings - Research Paper Example The jurist is a fervent champion of the authority of the executive arm of government; he believes that the original ideology of the authors of the American constitution was to establish and protect a powerful presidency to ensure stability of the nation. In his rulings the judge rejects double standards in the application of the law such as policies aimed to empower minority groups. Talbot (43) avers that Scalia often files separate minority verdicts in which he criticizes the majority decision. This paper explores the philosophies of Justice Scalia as evident in some of the Supreme Court rulings he has made on discrimination and criminal procedure. Justice Scalia is widely described as a conservative figure on the bench, implying that he offers the Constitutional interpretation in letter and spirit of its key architects of the eighteenth century (Bramwell 370-375). In his rulings, the justice captures the philosophies that inspired the Amendment to the Constitution. Scalia believes various constitutional changes to the US laws should be interpreted with respect to their essence at the period of amendment. Nevertheless, the justice is at pains to explain his judicial approach relative to the verdict of Brown v. Board of Education of 1954, which declared segregated learning facilities illegal. The ruling also cited the Fourteenth Amendment, which the justice interprets otherwise, as a deciding factor in the case. The enactment of the Amendment contradicts Scalia’s observations as it allowed corporations some rights under the constitution (Niose 16-21). It is arguable that the architects of the Fourteenth Amendment wanted to enhance school segregation. Scalia however, says he would have rejected school segregation in America, an opinion which is driven by the need for a real united America. According to Scalia and Ring, the justice enthusiastically rejects the notion of an evolving society guided by an â€Å"adjusting† set of laws (9-11). Scaliaâ₠¬â„¢s ideology implies that it is beyond the mandate of the court to adapt the constitutional interpretation. The justice sounds an alarm that if Americans accepted the fact that constitutionalism should be modified to suit an evolving society, the dangers of evaluating changing standards may be tantamount to believing that the evolution has boiled down into one's personal opinion. Nevertheless, by comparing the Constitution with original statutes, which should be bequeathed future generations in its letter and spirit, the philosophies advanced by the justice may fail to enable the modern American society to manage new cultural trends, some of which may be good and promote peace and stability in the world (Lakin 47). Additionally, due to the fact that laws are crafted to serve justice, the evolution of the values of the American society may turn the people into â€Å"slaves† of their forefathers’ ideologies if Scalia’s philosophies are anything to go by. Plainti ff has an upper hand Scalia’s philosophy on criminal procedures is largely in favor of the plaintiff. For instance, he rejected the Court's landmark ruling in Miranda v. Arizona, which offered guidelines on the treatment of criminal suspects. The ruling held that a testimony by a suspect in police custody who is ignorant of his rights was unconstitutional. Scalia’s verdict to judicially review Miranda in the Dickerson v. United States case of 2000 hit a snag, when he found himself in the minority,

Intercultural Communications Essay Example | Topics and Well Written Essays - 750 words

Intercultural Communications - Essay Example This study operated on two essential aspects of international and non-international friendships of students. The scores based on intercultural attitudes and multicultural personality characteristics. The irony of the study regards the fact that students who had international friendships had low scores of intercultural interaction conception. It is vital to note that the study had a limited number of varieties to participants. This regards the fact that USA is an extensive area of varieties of cultural attitudes. For instance, there are schools that are located in rural areas. They differ from those that are located in town areas. The research group should have noted this and integrate varied data from different cultural scenarios. There are considerable and varied reactions to international students. For comprehensive information about cross-cultural interactions, research needs different contexts of intercultural friendships (Williams and Johnson 43). This is essential in eliminatin g barriers to comprehensive results. However, the research had a unique articulation. This regarded the fact that it based its theme on host attitudes, to international friendships. This was different from the familiar perspective of researching on international students, perceptions of their social scenarios. ... There were three hypotheses that based on this. To begin with, students, who had no international friendships, would have low emotional and cultural empathy. In addition, they would have low scores on open-mindedness and flexibility. Additionally, US students with no international friendships would have high scores on racism and related concepts of intolerance and emotional instability. Lastly, students, who had international friendships, would highly score on intercultural experiences and activities. The first hypothesis was the same to the result that stated of international friendships. It stated that students, who had international friendships, scored highly on open-mindedness. It is vital to note that the concept, of open-mindedness, is crucial for cross-cultural interactions. This is consistent with previous findings that state the same. In this sense, individuals, who are open-minded, have less inclination towards withdrawing themselves from other ethnic groups. The scores, of open-mindedness, are core elements of determining prejudice and intolerance. In this sense, highly open-minded individuals would have greater experience in inter-cultural communication and general interaction. As regards level of apprehension in communication, the results confirmed the second hypothesis. In this sense, students, who had international friendships, reported low apprehension in multi-cultural scenarios. This means that such students had low anxiety in cross-cultural scenarios because they had more experiences in the same. These findings are in line with the AUM theory that states of the same. It states that anxiety and apprehension

Analysis the artwork Essay Example | Topics and Well Written Essays - 750 words

Analysis the artwork - Essay Example It is from the Neo-Assyrian era made around the eighth century B.C. from the Assyrian culture, created by an unknown artist. Its accession number is 60.145.11 and the credit line is Rogers Fund, 1960. The artwork stands 13.5 centimeters tall (Metropolitan Museum of Art). As mentioned earlier, the artwork as an example shows its relationship to the artist’s time and culture. The color, lines, shape and volume may as well give the meaning of the artwork as the composition, form and content do. The Assyrian sculpture is made of ivory which has been widely used during the time of its creation. Such use of the material shows the influence of Egyptian culture to Phoenician art. Moreover, the themes of the artworks also reflect the same influence (metmuseum.org). With the age of the sculpture, cracks and chips are seen all over it but one can just notice the quality of the material that lasted for millenniums with some of the parts still looking seemingly new, having the usual shiny and smooth surface typical of ivories. As formerly mentioned, ivory was used because of the influence of Egyptian culture to Phoenicia but perhaps also because of its availability and its tendency to last for years. In addition, the beauty that ivory holds is already a reason in itself for it to be used in the piece of art. Furthermore, the color of the sculpture speaks of its age. Most of the parts are faded while those which retained the color of the ivory are a bit darkened perhaps due to exposure to different seasons. The artwork in itself speaks of its early origins, having the customary characteristics of early artworks which do not show the meticulous and detailed general form of modern arts. Instead, the sculpture is roughly molded showing a big head which is not quite proportionate to the body and the faces which do not show fine details. In addition, the body of the tribute bearer and his gifts projected in the sculpture are slender, which is claimed to be Phoenician style (metmuseum.org). On the other hand, the other parts of the artwork have finer details which also give away the influence of culture to the artwork. For instance, the hair is obviously not natural because it looks curly, almost similar to the headdress of ancient English people. Moreover, the wrap around skirt is designed with intricate details that reflect Egyptian influence which is mostly observed in their respective artworks. The way the man is dressed shows his position, seen among common Egyptians in contrast to the other cultures where the upper body is also covered. The necklace the man is wearing also shows the use of ornaments of the early generations which is also reflective of Egyptian practice. Lastly, the use of sandals similar to what is used by the Egyptians clearly suggests a close relationship of Phoenicia to the renowned Egypt. The artwork is a reflection of the importance of giving gifts in the Phoenician culture. The man is perhaps sent to the leader of the stat e with the gifts as it was customary in the old times when visiting a leader. It could also be a personal decision for the tribute bearer to bring the gift to the receiver to ask for favors. This practice is widely known and practiced in early generations as often reflected in written literature and films set on such early times. Gifts then could be in the form of fruits, root crops and other foods, jewelries, clothes or animals such as the ones

Look at the role of the manager in motivating staff in the care setting that I work for, which is a residential childrens home Essay Example for Free

Look at the role of the manager in motivating staff in the care setting that I work for, which is a residential childrens home Essay This essay will look at the role of the manager in motivating staff in the care setting that I work for, which is a residential childrens home. It will look at different methods of motivation that the manager can use and also the way the manager uses it. The way that they use it will depend on the type of manager they are as they could be either a theory x or y type, as defined by D Mcgregor 1960. For the purpose of this essay we will look at the line managers as they have most contact with staff. In order to run an effective home the manager needs to not only ensure that they have a sound structure in place to deal with the day to day running of the home but to also ensure that the staff are motivated to do the job. In respect of the day to day running of the home there will be set procedures in place, that will have to be adhered to by all of the residential homes within RCT in regards to budgets, the manner in which children are admitted, contact with other agencies and so on. Within the home there will be an officer in charge and then seniors. The seniors are your line managers and have the most contact with staff it is their responsibility to ensure that staff are happy in their work and to ensure that there are no problems. The officer in charge will be responsible overall for staff along with the rest of the procedures mentioned earlier. The way that the manager motivates their staff will vary depending on the type of manager in a particular home. If you have a line manager who is a theory x manager this can have an effect on staff as they may not feel able to talk to the manager about things and discussing things is vital in this particular job, as being able to talk about things that affect the children and yourself within the environment you work contributes enormously to the happiness of the children. And the ultimate aim in the home is to provide a stable home for the children. A theory X manager will believe that as individuals you need to be told what to do. This does not then allow for confidence within yourself in regards to your development within the job to develop, as you will worry about what they will think about your work .It would also result in you needing to check everything through with them before you make a decision. This can have long reaching affects as the manager is not always available and as staff you have to make daily decisions in regards to the children and their welfare. On the other hand a theory Y manager will believe that as individuals and as staff that you are capable of making decision for yourself this can lead to them passing on more responsibility to the staff for various tasks within the home. This is something that is dome successfully in beddau with staff having taken responsibility for a number of different things such as doing the weekly menu, ensuring that the training file is up to date, ensuring that the accident, missper and sanction books are updated regularly these along with a number of other tasks done by the staff singularly might not look much but as a whole they contribute greatly to the homes effectiveness. This also show staff that their capabilities are noted it also allows for staff development as you are gaining experience in a number of different aspects of the work done at the home which in itself is good for motivation. This is supported by Fredrick Hertzberg who says if you want someone to do a good job, then give then a good job to do it does not matter the size of the job but that the staff feel appreciated and valued and that you have belief in their abilities. Although financial and physical resources play a big part in the running of a home the greatest contribution is made by the human resources, i.e. staff this includes all members from the domestic to the officer in charge. If the staff are de-motivated for whatever reason then this has an effect on the smooth running of the home. The human relations school of management 1960/70s support this as they say that workers take along with then a number of different things, ideas, knowledge, intelligence, experience, skills humour, expectations and beliefs. In order for these to be utilized effectively then the manager has to be aware of staffs strengths as well as their weaknesses. This can be achieved through supervision. If supervision is used correctly it can be a good motivator for staff. If done incorrectly it can result in further de-motivation. The way in which it is done will again depend on the type of manager. Supervision in itself is not a motivator but a hygiene factor get it right and it will stop your staff becoming ill. I.e. de- motivated. Get it wrong then you have problems as staff will become de-motivated which will result in then doing things wrong or not at all and this will have a detrimental effect on the home. Other hygiene factors that can have an effect on staff are the working conditions salary, interpersonal relations and company policies .As with the above they will not motivate the staff but help to improve the conditions that they work in. this will then lead to their lower needs being met, as defined by A marslow, in his pyramid of needs. He says that in order for a person to reach self-fulfillment they have to meet the different needs in their life as set out in the pyramid. Within the work situation the needs will be met through a number of different way as illustrated appendix1. Steers and porter 1991 suggest that the various organizational factors illustrated can be used to satisfy the different needs. Obviously outside of the jobs the needs will be met in a different way, to a certain degree. The aim of the supervision is to get the work done well, support staff and to encourage staff development .The three strands of supervision are inter wound if you are able to help staff develop by offering then support then this will lead to better work. If one strand of the supervision is weak then the rope is weak. Which could then lead to de- motivation instead of motivation as already mentioned. A good line manager during supervision will not only point out where you are going wrong but will look at what you have achieved in relation to your job no matter how small it might be, it could be something as simple as having picked up a mistake in one of the books which if not rectified could have had an effect on the children or it might be that you have handled a situation with one of the children that resulted in then not harming themselves. A theory X manager would not tell you that you had done well in that instance, as they would say it was your job to deal with such an incident. And even though that is the case, if you just thought like that when dealing with the incident the you would not be giving your all to the job. So for a line manager not only to recognize what you have done but also to make you aware that they recognize it is a huge motivator. The second strand which is support can be met in a number of ways during supervision and on a daily basis. Support can be something that needs to be given when an incident has occurred at the home as above or when something personal is affecting your work .The member of staff receiving support must be able to trust in their supervisor as this will make it easier for them to talk about what is affecting them will then lighten the burden. This trust and also friendship to a certain degree will again depend on the type of manager you have. A good supervisor will also recognize when they are not able to support you and be able to refer you to someone who can, be that another member of staff or possibly a counselling service. The third strand of supervision is staff development. This involves looking at not only the training needed by the member of staff but also at what training they have already achieved and how best to use that to the advantage of the home. In respect of training that is needed it is important to ensure that the member of staff understands why they need that training so that they do not feel inadequate. As if they are not told appropriately why they need it they may feel that the manager thinks of them as being inadequate in a certain area rather that looking at it as a way of developing and progressing within the job. The one that comes to mind for this is NVQ training many staff look on it as something that they have to do or they will lose their job, rather than something that will not only benefit then in the job they do now, but could also lead to job progression for them. If the manager is able to recognize a member of staffs strengths due to training they have received in the past they need to capitalize on this by ensuring that the member of staff is able to use that training in the work place. It could be that they have training and an interest in a particular area which would not possibly have been an area that staff have been able to work in with the children before, such as outdoor pursuits. As before recognizing what someone is good at in its self is a motivator as is recognizing potential within that member of staff. If the manager is not able to recognize these strengths and weaknesses to a certain degree then they are not able to provide the member of staff with appropriate training to help them develop within the job. The member of staff will then start to question their abilities which in turn will have an effect on their work and motivation. In conclusion it has to be said that in order for the home to run effectively and smoothly to give the children a stable home as well as ensuring that their needs are met the staff and their needs are as important. The staff being happy at work comes down to how motivated they are if you have a staff that are well supported by the management and that they get training appropriate for them along with recognition than you will generally have a reasonably effective work force. The managers role in all of this is vital as they need to be looking at and addressing the issues around the above. How they will look at the above and deal with them will vary depending on the type of manager you have. John Harvey Jones said 1988. Management is an art not a science. Each of us approaches the problem from a different background, and each of us is dealing with a situation, and a different culture, and from a different starting point For me this statement sums it up in that different people will deal with things in different ways because of different factors. Ultimately a manager or team leader who is able to listen to and appreciate their staff will have a much more motivated team than one who does not listen to consult with or appreciate their team. As a member of such a team I believe that as a staff that we respond to situations and changes that we face better due to the way in which our team leaders deal with things like supervision, which is in the mode of theory Y management. This then creates an effective home for the children to live at some where they can call home and some where those staff are happy to be.

The Basel Convention - Movements of Hazardous Waste and their Disposal :: Politics Environment Environmental

The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal Abstract On March 22, 1989, leaders from 105 nations unanimously adopted the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal. The Basel Convention is the first international convention to control the export of hazardous and other wastes. Since the Convention celebrated its 10th anniversary in 1999, it is an appropriate time for an appraisal of how the Basel Convention has affected international trade of hazardous waste. To fully understand the Basel Convention and its ramifications, it is first critical to comprehend the damage caused by hazardous waste. Second, an analysis of the Basel Convention and its criticisms are explored. Next, an examination of the Basel Ban and its significance are presented. Then, the implications for recycling in relation to the Basel Ban are discussed. Finally, three important lessons to take from the convention are provided. "It is a grave abuse and an offence against the solidarity of humanity when industrial enterprises of rich countries profit from the weak economies and legislation of poorer countries by exporting dirty technologies and wastes which degrade the environment and health of the population." --- Pope John Paul II, October 22, 1993 On March 22, 1989, after 18 months of intense negotiations, leaders from 105 nations unanimously adopted a treaty restricting shipments and dumpings of hazardous wastes across national borders. The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal, conducted under the auspices of the United Nations Environment Program (UNEP), is the first international convention to control the export of hazardous industrial wastes (Ruloff, 1989). A driving force behind the convention is the steady increase in international trade of hazardous waste over the past decade. There is a growing number of tempting, but environmentally questionable waste disposal contracts being offered and taken by nations (Ruloff, 1989). To combat this trend, the convention has three main objectives: to reduce transboundary movement of hazardous waste while minimizing their generation; to promote the disposal of such wastes as close as possible to their places of origin; and t o prohibit the shipment of hazardous wastes to countries lacking the legal, administrative, and technical capacity to manage them in an environmentally sound manner. Since the Convention celebrates its 10th anniversary in December 1999, it is an appropriate time for an appraisal of how the Basel Convention has effected international trade of hazardous waste.

Repression of Women Exposed in Susan Glaspells Trifles :: Trifles Essays

The Repression of Women Exposed in Trifles  Ã‚   Susan Glaspell in Trifles explores the repression of women. Since the beginning of time, women have been looked down upon by men. They have been considered â€Å"dumb† and even a form of property. Being physically and emotionally abused by men, women in the early 1900’s struggled to break the mold formed by society. Even with the pain of bearing children, raising them, doing household and even farm chores, their efforts have never been truly appreciated. Mrs. Wright was â€Å"†¦real sweet and pretty, but kind of timid—and fluttery†¦Ã¢â‚¬  as Mrs. Hale, her neighbor, describes her (22). This would all soon change after her wedding day. With Mr. Wright’s insipid character and lack of patience of any joyous sound, Mrs. Wright’s spirit dwindled to nothing. It seems she spent hours at a time focusing on her quilts, preserves, and caring for the only life there was in the house, her canary. Even when Mr. Hale offered to get a party telephone, Mr. Wright responded, â€Å"†¦folks talk too much anyway†¦Ã¢â‚¬ (5). This silence he preferred also applied to his spouse. There were no hugs given out much less a smile. He failed to give her even the most minimal sing of appreciation much less the emotional warmth she hungered for. The coldness felt in the house as the sheriff and court attorney entered the house symbolized the same coldness brought about by Mr. Wright. For the house to be cold and gloomy and everything else outside the total opposite, was much more than just coincidence. It was as if when you entered the house a cadaver, cold and clammy, had embraced you in its arms. â€Å" I don’t think a place’d be any cheerfuller for John Wright’s being in it†, Mrs. Hale told the court attorney (11). Mrs. Hale knew perfectly well what kind of personality Mr. Wright had, which is why she specified that she wished that she had gone to visit Mrs. Wright when only she was there. â€Å"There’s a great deal of work to be done on a farm†, says Mrs. Hale, yet they are seen as mere trifles because it is the women who take on these tasks. â€Å"The treatment of women in ‘Trifles’†, a web site that analyzes the demeanor of women throughout the play, states â€Å" The women are betrayed as if they are second class citizens with nothing more important to think about, except to take care of the medial household chores like cooking, cleaning, and sewing.

Cheating is beneficial for students Essay

Cheating is an easy shortcut in terms of getting homework, tests, assignments and such done in a quick way. Cheating is efficient in a lot of things in life. Cheating should not be a crime for students, especially in high school. This Argumentive Essay is basically going to be focusing on 3 topics on why Cheating is beneficial for students in high school: 1. Why students should be able to share answers and thoughts with other students for homework, tests, assignments, projects, etc. 2. Why teachers shouldn’t be allowed to accuse students of cheating based off of similar answers/thoughts 3. Much less stressful for students in high school that have other important things to do in their life First of all, students should have the right to share answers and thoughts with other classmates to understand why there answer was wrong or why it was right. If they don’t compare answers and understand why one answer is right and one is wrong, they will never learn. Teachers in this generation seem to expect students to do all of their work independently, but little do they know that more than 60% of students cheat while doing homework, tests, projects, etc. If teachers just mark students work wrong or right and don’t tell them why there answer is wrong, or why there answer is right, how you expect them to learn? Teachers assume if two or more students have similar answers/thoughts, they were most likely copying off of each other. It’s very unlikely, but possible to have similar answers/thoughts, so teachers shouldn’t assume and jump to the gun while giving them zero based off of their assumptions. They should find complete proof on how the students were definitely sharing answers with each other. Last but not least, cheating is highly beneficial for students that go through a lot during their teen years. Unfortunately, some teens are more focused on their love life, popularity level, and jobs more than they are on their education. None the less, if that’s there decision to do all of those things instead of getting a education, they should have the right to do so and should cheat to fly through their high school year.