Thursday, August 27, 2020
The Rebirth of Ignatius in The Confederacy of Dunces Essay examples --
The Rebirth of Ignatius in The Confederacy of Dunces à à â â You got the hang of everything, Ignatius, with the exception of how to be an individual (375). à à à à Chained to a predominant character who is so huge but then so early stage that he isn't just hero yet additionally, from multiple points of view, his own opponent, The Confederacy of Dunces, by John Kennedy Toole, has been classified an expansive mocking perspective on the advanced world (Holditch Presentation The Neon Bible xi). Since this short definition neglects to clarify that the view introduced is essentially that of the slug-like character of Ignatius Jacques Reilly, it additionally neglects to consider that one's view from the belly is, of need, fairly constrained. In spite of the fact that Ignatius is thirty years of age and has a Master's Degree, he is so genuinely not ready forever that he stows away in the wellbeing and asylum of his belly like room, restlessly peers out at his general surroundings, and censures all that he sees. As saw from this view, the world does, without a doubt, have all the earmarks of being a frightful spot. à Having lost confidence in current religion at a youthful age, Ignatius professes to grasp a medieval perspective where destiny as opposed to through and through freedom is ordered. Like Oedipus, Ignatius endeavors to sidestep his predetermination, yet rather than attempting to run from it, and along these lines, running directly into it as did Oedipus, Ignatius endeavors to escape his destiny by declining life, itself. Terrified of both life and demise, Ignatius lives in his very own Limbo conceiving. In his works, Ignatius announces, 'I have consistently been compelled to exist on the edges of society, dispatched to the Limbo saved for the individuals who do know reality when they see it' (30). Obviously, in dismissing his own prospects to take part effectively in deciding the result of occasions in... ...res a kick off - a monstrous shock of fear enlivened driving forces. Ignatius presently arrives at such a second when his life is charged by this incredible mental and physiological stimulus. à à regardless of the dread which drives him, there is at last trust in Ignatius. Waddling frightfully into the world, he would now be able to figure out how to acknowledge his regular destiny with the remainder of mankind - his own humanness and characteristic defenselessness in a world over which he has no control. In her disappointment and acquiescence, Ignatius' little mother, a surprising Earth Mother, best case scenario, once unfortunately and mournfully reveals to her child, You got the hang of everything, Ignatius, aside from how to be a person (375). In that lies an exercise for every one of us. à à Works Cited Holditch, W. Kenneth. The Neon Bible. Woods Press: New York, 1989. Toole, John Kennedy. A Confederacy of Dunces. Woods Weidenfeld: New York, 1980. The Rebirth of Ignatius in The Confederacy of Dunces Essay models - The Rebirth of Ignatius in The Confederacy of Dunces à à â â You got the hang of everything, Ignatius, with the exception of how to be an individual (375). à à à à Chained to a prevailing character who is so huge but then so early stage that he isn't just hero yet in addition, from numerous points of view, his own foe, The Confederacy of Dunces, by John Kennedy Toole, has been classified a wide sarcastic perspective on the advanced world (Holditch Presentation The Neon Bible xi). Since this short definition neglects to clarify that the view introduced is fundamentally that of the slug-like character of Ignatius Jacques Reilly, it likewise neglects to consider that one's view from the belly is, of need, to some degree restricted. Despite the fact that Ignatius is thirty years of age and has a Master's Degree, he is so genuinely not ready forever that he stows away in the security and asylum of his belly like room, tensely companions out at his general surroundings, and denounces all that he sees. As saw from this view, the world d oes, in fact, have all the earmarks of being a dreadful spot. à Having lost confidence in current religion at a youthful age, Ignatius professes to grasp a medieval perspective wherein destiny instead of unrestrained choice is ordered. Like Oedipus, Ignatius endeavors to sidestep his predetermination, yet rather than attempting to run from it, and subsequently, running directly into it as did Oedipus, Ignatius endeavors to escape his destiny by rejecting life, itself. Scared of both life and demise, Ignatius lives in his very own Limbo formulating. In his works, Ignatius announces, 'I have consistently been compelled to exist on the edges of society, transferred to the Limbo held for the individuals who do know reality when they see it' (30). Obviously, in dismissing his own prospects to take an interest effectively in deciding the result of occasions in... ...res a kick off - a gigantic shock of fear propelled motivations. Ignatius currently arrives at such a second when his life is charged by this incredible mental and physiological stimulus. à à notwithstanding the dread which impels him, there is at last trust in Ignatius. Waddling frightfully into the world, he would now be able to figure out how to acknowledge his regular destiny with the remainder of humankind - his own humanness and characteristic powerlessness in a world over which he has no control. In her disappointment and abdication, Ignatius' little mother, an abnormal Earth Mother, best case scenario, once unfortunately and mournfully discloses to her child, You got the hang of everything, Ignatius, aside from how to be an individual (375). In that lies an exercise for every one of us. à à Works Cited Holditch, W. Kenneth. The Neon Bible. Forest Press: New York, 1989. Toole, John Kennedy. A Confederacy of Dunces. Forest Weidenfeld: New York, 1980.
Saturday, August 22, 2020
Subtle Differences in Where The Wild Things Are Essay -- Picture Books
Inconspicuous Differences Make Where The Wild Things Are a Classic At the point when one thinks about a youngsters' image book, one normally considers brilliant hues and a story that includes a princess and an ideal man. One of the most great kids' books, Maurice Sendak's Where The Wild Things Are, be that as it may, neither uses splendid hues nor a customary romantic tale. Rather the perusers meet a little fellow, Max, who, when sent to his room without supper, envisions a far away land. We meet his companions, the wild things, and discover that Max is the most wild thing of all. Those previously mentioned patterns are not by any means the only viewpoints that set Where The Wild Things Are separated from other youngsters' image books. Its structure, plot, and message all add to the uniqueness of this specific kids' book. One fascinating viewpoint about Where The Wild Things Are is the manner in which the photos and content are set up. The initial sixteen pages and last two pages have content with a clear foundation on the left and the image on the right. Just a couple of pages in the center have the image and content conjoined in the same spot. William Moebius, in his article 'Prologue to Picturebook Codes', alludes to something many refer to as the show of the turning of the page (132). He sees that an image book just permits the peruser a couple of words and thoughts one after another; writers cautiously choose which thoughts and words have a place on each page. The couple of pages where content and picture are together, Max is interfacing with the wild things, while different pages exclusively portray Max's individual activities. Maybe Sendak needs the peruser to be progressively mindful of the content while Max is distant from everyone else than what is happening in the content when he is with th e wild things. Sendak picks ... ... have their own particular manner of communicating adoration, and we learn toward the end that Max utilizes this articulation to show his affection for his mom. Max and his mom unpretentiously show their caring relationship, and it is only enough for the perusers to comprehend. Where The Wild Things Are is by all accounts a straightforward book to see, yet it has numerous nuances that are communicated both through content and pictures that give the story a greater significance than what is on a superficial level. The mix between content, pictures, redundancy, and the messages sent makes this image book a youngsters' writing great. Works Cited Moebius, William. Prologue to Picturebook Codes, Word and Image, vol. 2, no. 2 (April - June 1986), pp. 141-51, 158. Sendak, Maurice. Where the Wild Things Are, New York, Harper Collins Publishers: 1963. Unobtrusive Differences in Where The Wild Things Are Essay - Picture Books Unobtrusive Differences Make Where The Wild Things Are a Classic At the point when one thinks about a kids' image book, one for the most part considers splendid hues and a story that includes a princess and a Mr. Perfect. One of the most great youngsters' books, Maurice Sendak's Where The Wild Things Are, be that as it may, neither uses splendid hues nor a customary romantic tale. Rather the perusers meet a little youngster, Max, who, when sent to his room without supper, envisions a distant land. We meet his companions, the wild things, and discover that Max is the most wild thing of all. Those previously mentioned patterns are not by any means the only perspectives that set Where The Wild Things Are separated from other youngsters' image books. Its structure, plot, and message all add to the independence of this specific youngsters' book. One fascinating perspective about Where The Wild Things Are is the manner in which the photos and content are set up. The initial sixteen pages and last two pages have content with a clear foundation on the left and the image on the right. Just a couple of pages in the center have the image and content conjoined on the same wavelength. William Moebius, in his article 'Prologue to Picturebook Codes', alludes to something many refer to as the dramatization of the turning of the page (132). He sees that an image book just permits the peruser a couple of words and thoughts one after another; writers cautiously choose which thoughts and words have a place on each page. The couple of pages where content and picture are together, Max is communicating with the wild things, while different pages exclusively depict Max's individual activities. Maybe Sendak needs the peruser to be increasingly mindful of the content while Max is distant from everyone else than what is happening in the content w hen he is with the wild things. Sendak picks ... ... have their own specific manner of communicating affection, and we learn toward the end that Max utilizes this articulation to show his adoration for his mom. Max and his mom inconspicuously show their caring relationship, and it is only enough for the perusers to comprehend. Where The Wild Things Are is by all accounts a straightforward book to see, yet it has numerous nuances that are communicated both through content and pictures that give the story a greater significance than what is on a superficial level. The blend between content, pictures, redundancy, and the messages sent makes this image book a youngsters' writing great. Works Cited Moebius, William. Prologue to Picturebook Codes, Word and Image, vol. 2, no. 2 (April - June 1986), pp. 141-51, 158. Sendak, Maurice. Where the Wild Things Are, New York, Harper Collins Publishers: 1963.
Friday, August 21, 2020
Who to Write Essay About - Using Your Own Expertise
Who to Write Essay About - Using Your Own ExpertiseIf you are thinking about how to write an essay, and the process can be quite daunting, take heart. In this short article, I am going to quickly outline the process and also cover some tips on writing better essays. You can find that information in a later article.First of all, before you start writing your essay, you must do a little brainstorming. What do you want to write about? Do you have an idea? Do you know who is going to read your essay? If not, now is the time to find out.If you don't have any ideas or if you are unsure about what topic to write about, you can still use a topic that is close to your personal experience. For example, if you are a mother, you can think about the challenges you have faced as a parent.Now that you have an idea, it is time to bring that idea to life. You can even go so far as to brainstorm the story before writing it down to ensure you have all the facts.Once you have decided what the essay will be about, the next step is to make sure you have all the tools necessary to achieve a perfect essay. This means you must be familiar with how to write an essay, how to organize a paper, and you must have a topic for which you are passionate.By knowing your own expertise, it will be easier to write the paper. For example, if you are a writer, you can write about your personal experiences as a writer or what you hope to see change in the world as a writer.For a parent, you can discuss the trials of raising children. On the other hand, if you are a sports fan, you can talk about your favorite sports teams or players. These are just a few of the topics that are open to the reader.In summary, your essay is only as good as the amount of information you give to the reader. You must include facts, ideas, and stories in order to make the essay as clear and compelling as possible. With a little luck, you will be able to do just that and write a powerful essay that everyone will enjoy.
Monday, May 25, 2020
The Laws In Other Countries - Free Essay Example
Sample details Pages: 9 Words: 2847 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: India Essay Did you like this example? Chapter 3 Comparative Analysis of the laws in other countries vis-a-vis India Legislation w.r.t Criminal Law including investigation and Punishment Provisions w.r.t Victim Compensation and Treatment Steps taken w.r.t sale and Regulation of corrosive acids Steps taken to ensure Implementation of the laws at the ground level Legislation w.r.t Criminal Law including Investigation and Punishment When it comes to Legislation Bangladesh has the most stringent laws w.r.t. acid violence. The maximum punishment of death[1] is inflicted on the accused if throwing the acid results in killing the person or if by throwing acid the sight or ear is damaged fully or partially or if it results in disfiguration/damage to the face/breast or sexual organs. Throwing of acid or even an attempt to throw acid is punishable up to a maximum of 7 years imprisonment.[2] Also a specific provision makes aiding and abetting the commission of an acid attack liable to the same extent as the commission of the acid attack itself. Cambodia on the other hand makes intentional killing by acid /criminal offence leading to the death of the victims unintentionally or cause the victims to commit suicide punishable up to 30 years.[3] Causing death unintentionally due to carelessness invites a punishment of up to 5 years and a fine of 2 million riel. Perpetrating intentional violence on others by using concen trated acid invites the maximum punishment of 5 years with a maximum fine of 10 million riels. Under the Pakistan Penal Code 1860 if hurt is caused by acid violence then it is punishable with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a million fine of 1 million rupees.[4] Under Indian Law whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables any part or parts of the body of a person or causes grievous hurt by throwing acid on or administering acid to that person, with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punishable with imprisonment of either description which shall not be less than 10 years but which may extend to life and with fine.[5] Unlike the Bangladesh Law wherein anyone causing death is punished without the requirement to prove intention or knowledge, the Indian Law requires the prosecution to furt her prove that such burns/ disfiguration were caused with the intention/ with the knowledge of causing such burns or bodily injury. Moreover there is a time frame of 30 days for the completion of investigation. The investigating police officer must complete the investigation within 30 days following the reported attack or the Magistrateà ¢Ã¢â ¬Ã¢â ¢s order for an investigation. Two extensions of 15 days each can be granted on application to the court. If after 60 days, the officer is unable to complete the investigation, a new officer must be assigned and action will be taken against the first officer. The new officer has 15 days to complete the investigation. In order to expedite the trial procedures the total time allowed for investigations is 90 days. The trial then has to be completed and a conviction secured within 90 days of the end of the investigation period. The court is very proactive in ensuring that the police investigate acid cases. Section 13 in the Act states that legal action will be taken against any officers who are negligent or corrupt in investigating the crime. Also the Bangladesh Act ensures that the acid attack victim gets proper medical examination immediately and receive a certificate regarding the examination. The Section also lays down that action will be taken against a negligent doctor.[6] Also in Bangladesh there are special Acid Tribunals for speedy disposal of cases w.r.t acid Violence. Acid-offences Prevention Tribunals have been set up solely to try acid cases, headed by district or session judges. These topic-specific Tribunals are to ensure that members on the Tribunals are properly sensitized to acid attack cases.[7] Donââ¬â¢t waste time! Our writers will create an original "The Laws In Other Countries" essay for you Create order Provisions w.r.t Victim Compensation and Treatment The Acid Control Act, 2002 of Bangladesh mandates the creation of National Acid Control Council funds and district committee funds to finance awareness-raising campaigns and provides assistance to acid survivors for treatment, rehabilitation, and legal aid. Also the fine of 1 lakh taka is to be paid to the victim of such attacks. Also Chapter 3 of the Cambodian Legislation deals with Support of the Victim(s) of Concentrate Acid Attack. Article 10 enjoins the relevant authority to immediately bring the victim(s) to the closest health centers, state-own hospital or any other state-own health institutions.[8] Article 11 makes it mandatory for the state and the hospitals to treat the victims free of charge and Art 12 talks about rehabilitative measures to be taken.[9]The Pakistan 2012 Bill establishes the Acid and Burn Crime Monitoring Board and describes its role and responsibilities. The bill also provides for government funding for the Boardà ¢Ã¢â ¬Ã¢â ¢s functioning. A new Bil l titled Criminal Law Amendment Act 2014 is pending in the National Assembly. It is proposing introduction of a new Section 166A in the Pakistan Penal Code.[10] Section 166B further penalizes non-treatment of victims of acid violence by a Private or a Government hospital to a fine of Rs.25, 000. The Indian law unlike the law in other countries doesnà ¢Ã¢â ¬Ã¢â ¢t formulate any National Board/Council for the overseeing of victimà ¢Ã¢â ¬Ã¢â ¢s treatment or rehabilitation. The National Commission of Women Bill recommended it but it was never adopted.[11] However Section 326A of the IPC does provide that the fine imposed shall be just and reasonable to meet the medical expenses of the treatment to the victim and would be paid to the victim. Also the newly Inserted Section 357B states that compensation payable by the State Government u/s 357A shall be in addition to the payment of fine to the victim u/s 326 A or Section 376D IPC. Further Section 357C[12] enjoins all hospital s, public or private, whether run by the Central Government, the State Government, local bodies or any other person to immediately provide the first-aid or medical treatment free of cost to the victims of any offence covered u/s 326A, 376, 376A-E of the IPC and shall immediately inform the police of such incident. Section 166B of the Code makes a person incharge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person liable if such hospital contravens the provision of Section 357C of Crpc punishable up to imprisonment for a maximum term of 1 year or with fine. The Supreme Court has further ensured that the amount of compensation to be paid to victims of acid violence should be atleast 3 lakhs.[13] However under the Indian laws there is no authority to monitor such compliance by the hospitals. Also there is no authority/ council to oversee that the victims receive the compensation amount in time. Even after th e Supreme Court judgment many acid attack victims still havenà ¢Ã¢â ¬Ã¢â ¢t received the initial 1 lakh Rs. Compensation which they are supposed to get within 15 days of the attack for the essential treatment. The victims donà ¢Ã¢â ¬Ã¢â ¢t know whom to approach for the money and are made to run from pillar to post, from one government department to the next. Steps taken w.r.t sale and Regulation of corrosive acids The Acid Control Act (ACA) of Bangladesh creates a licensing regime that regulates the sale, storage, distribution, and use of acid. The ACA creates a National Acid Control Council (NACC) which institute policies relating to the trade of acid, enact policies to prevent its misuse etc.[14] The Acid Control Act lays down setting up of District committees which are responsible for implementing the national guidelines and enacting local measures to further regulate acid. The Deputy Commissioner chairs the District committee while its members include the districtà ¢Ã¢â ¬Ã¢â ¢s Superintendent of Police, the Civil Surgeon (head of the district health department), the director of the district department of women affairs, the director of the district social welfare services, the district public prosecutors, NGO representatives, and also acid users associations. Furthermore the Act punishes the unlicensed production, import, transport, storage, sale, and use of acid by a prison term of 3 to 10 years, and a fine of up to Tk. 50,000. It establishes the central government as the licensing authority for import licenses and the deputy commissioner as the licensing authority for transport, storage, seller, and user licenses. It also requires license holders to keep informational records relating to all acid use. Thus there is specific machinery in place and the 15 member National Acid Control Council is tasked with regulating sale of acid and preventing its misuse with the help of committees at the district level headed by the district commissioner who is empowered to take action if the need arises. The Cambodian Law on Regulating Concentrate Acid passed in November 2011 and came in to force December 2011. This law criminalizes acid violence provides regulations and controls for all forms of concentrate acid. The 2011 legislation deals with regulation of the Sale of Acid under Articles 5 à ¢Ã¢â ¬Ã¢â¬Å" 9.[15] The Act introduces a licensing regime and also make s the Production, innovation, import, export, packaging, transportation, carry, distribute, buying, selling, storing, and using of all kind of Concentrate Acid without license or permission a punishable offence. The sub decree[16] brought out in 2013 lays down the formalities and conditions for sale, purchase, storage, transportation and use of strong acid of all types so as to prevent, curb and suppress any offence caused by strong acids. Article 6 of the Sub-Decree enjoins the seller/ distributer of strong acids to have a fixed place for selling and distributing strong acids and also to persons showing the relevant documents for the purpose. But unlike in Bangladesh there is no specific machinery to check and enforce the provisions of the 2011 legislation and the Sub-decree. In Pakistan while the Acid Control and Acid Crime Prevention Act was passed unanimously by Parliament, the unlicensed sale of acid has not been regulated. Interior Minister Rehman Malik recently asked Pa rliament to issue strict orders for the regulation of acid sales and purchases in accordance with the new laws.[17] In India it is the Supreme Court that has been at the forefront regarding the control of sale and regulation of acid. In Laxmià ¢Ã¢â ¬Ã¢â ¢s case the Supreme Court in its order dated 18th Julyà ¢Ã¢â ¬Ã¢â ¢2013 gave directions on the sale of corrosive substances over the counter and while storage and transport of corrosive substances.[18] The central government after the order brought out à ¢Ã¢â ¬Ã
âThe Model Poisons Possession and Sale Rules, 2013à ¢Ã¢â ¬Ã [19] to serve as a guideline for the various State Government to follow after amending it to serve the particular Stateà ¢Ã¢â ¬Ã¢â ¢s interest. After repeatedly being directed by the Supreme Court to do so, a number of state Governmentà ¢Ã¢â ¬Ã¢â ¢s complied and framed rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Gove rnment. As per the latest order of the Supreme Court dated 22nd Aprilà ¢Ã¢â ¬Ã¢â ¢2014 States of Andhra Pradesh, Uttrakhand, Karnataka, Kerala, Puducherry, Maharashtra, Chattisgarh, Rajasthan, Assam, Arunachal Pradesh, Mizoram, Uttar Pradesh, Himachal Pradesh, Manipur, have still not complied with the order dated 3.12.2013 and the Chief Secretaries of these States were directed to ensure that compliance of the order dated 3.12.2013 is positively made and affidavit of compliance is filed in this Court on or before 15.7.2014 failing which the Court would initiate contempt proceedings against the defaulting States.[20] Many states that have complied have not framed rules as stringent as those of the Central Government Model Rules. States like Bihar have a compensation package of Rs. 25,000 for the victims of acid violence, a meager amount considering that on average an acid attack victim has to go through about 20 surgeries running into tens of lakhs of Rupees. As per Section 1 5 every license holder is mandated to maintain a register listing out each and every sale of poison.[21] Moreover these rules only create a licensing regime and contain provisions making person liable for carrying/storing acid without a licence. Section 11 of the Model Rules does empower an Executive Magistrate or a Police officer of the rank of Sub-Inspector and above or a Medical Officer appointed by the State Government to visit and inspect the premises of the license holder where a poison is kept for sale and may inspect all poisons found therein and the registers. But these provisions arenà ¢Ã¢â ¬Ã¢â ¢t followed and sale of acid continues in the open moreso since the punishment awarded for non-compliance is ineffective does not act as a deterrent. Anyone found violating the provisions would be punishable, (i) On a first conviction, with imprisonment for a term which may, extend to three months, or with fine which may extend to five hundred rupees or with both, and (ii) On a second or subsequent conviction, with imprisonment for a term, which may extend to six months, or with fine, which may extend to one thousand, rupees, or with both. A punishment of 500 Rs. or 1000 Rs. makes these rules a à ¢Ã¢â ¬Ã
âtoothless instrumentà ¢Ã¢â ¬Ã . Steps taken to ensure Implementation of the laws at the ground level In Bangladesh the Acid Control Act (ACA) creates specific machinery for the enforcement of the grievances of the victims or the regulation of acids or the dispensation of criminal justice. The ACA creates a National Acid Control Council (NACC) which institute policies relating to the trade of acid, enact policies to prevent its misuse etc.[22] The Acid Control Act lays down setting up of District committees which are responsible for implementing the national guidelines and enacting local measures to further regulate acid. The Deputy Commissioner chairs the District committee while its members include the districtà ¢Ã¢â ¬Ã¢â ¢s Superintendent of Police, the Civil Surgeon (head of the district health department), the director of the district department of women affairs, the director of the district social welfare services, the district public prosecutors, NGO representatives, and also acid users associations. National Acid Control Council funds and district committee funds to fi nance awareness-raising campaigns and provides assistance to acid survivors for treatment, rehabilitation, and legal aid. Also Acid-offences Prevention Tribunals have been set up[23] solely to try acid cases and there is a strict timeframe in place for the investigation and trial of acid violence cases. This couple with stringent punishement helps in the implementation process and therefore there is a 20 % drop each year in cases of acid attack from their peak in 2002. Pakistan in its 2014 Bill (tabled on 8th Aprilà ¢Ã¢â ¬Ã¢â ¢2014) has recommended the establishment of the Acid and Burn Crime Monitoring Board describing its role and responsibilities. The bill also provides for government funding for the Boardà ¢Ã¢â ¬Ã¢â ¢s functioning.[24] In India inspite of so many laws and the efforts of the Supreme Court, acid continues to be sold easily. Checking for Id cards and maintaining registers is not followed. Also the supreme court direction on Rs. 3Lakh compensation is not followed and even donà ¢Ã¢â ¬Ã¢â ¢t know where to go and collect the funds. They are made to run from the health Ministry department to the Hiome ministry to the National Commision for Women. There is also no clarity regarding payment of treatment to the hospitals. Under the new provision in the Indian Penal Code, all hospitals are enjoined to provide free treatment to victims of acid violence, but many victims have been made to return by hospitals as there is no clarity to them whether they would be paid. They ask the victim for proofs of the acid attack and send the victim back on technical grounds. India needs a national and a district level authority like the National Council, which can serve as an intermediary between the victim and the state. Both the national Commission for Women and the Law Commission have recommended for Compensation/Monitoring Boards[25] at the Centre, State and District levels in the country which if implemented would help in the implementati on of the laws prevalent in the country. [1] Supra n.64. [2] Supra n.66. [3] Supra n.103. [4] Supra n.121. [5] See Section 326B of the Indian Penal Code. [6] For details see Chapter 2.1.2- Legislative Provisions in Bangladesh. [7]Ibid. [8] Supra n.99. [9] Supra n.100 and 101. [10] Supra n.123. [11] Supra n.139. [12] For details see Chapter 2.4.2- Legislative Provisions in India. [13] Ibid. [14] See Supra n. 71, 72, 73 and 74. [15] Supra n.97. [16] Cambodian Acid Survivors Charity (CASC), No.48 S.E. Sub Decree on the Formalities and Conditions for Strong Acid Control, the Royal Government of Cambodia, 19th Febà ¢Ã¢â ¬Ã¢â ¢2013. [17] Supra n.115 at 37. See also Gishkori, Zahid. à ¢Ã¢â ¬Ã
âLawmakers agree on stringent laws on Acid Crimes,à ¢Ã¢â ¬Ã The Express Tribune, March 27, 2012, available at: https://tribune.com.pk/story/356019/lawmakers-agree-on-stringent-lawson-acid-crimes-but-leave-out-perptrator/(Visited on 20th Jan 2014). [18] See Supra n.14. [19] The Model Poisons Possession and Sale Rules, 2013 Notified by the Central Government to act as guidelines to the State Govt. to enact their own respective Model Rules to regulate the sale and distributi on of acids. [20] For Details see Infra n. 224. [21] See Sections 11 and 15 of The Model Poisons Possession and Sale Rules, 2013. [22] For details see Chapter 2.1.2- Legislative Provisions in Bangladesh. [23] Ibid. [24] For details see Acid and Burn Crime Bill available at: https://www.na.gov.pk/uploads/documents /1396955238_474.pdf(Visited on April 23, 2014). [25] For more details See Chapter 2.4.3 Draft Bills and Reports.
Friday, May 15, 2020
Biography of Constantin Brancusi, Romanian Sculptor
Constantin Brancusi (1876-1957) was a Romanian sculptor who became a French citizen shortly before his death. He was one of the most important and influential sculptors of the 20th century. His use of abstract forms to represent natural concepts led the way toward minimalist art in the 1960s and beyond. Many observers consider his Bird in Space pieces to be among the best abstract representations of flight ever created. Fast Facts: Constantin Brancusi Known For: SculptorStyles: Cubism, minimalismBorn: February 19, 1876 in Hobita, RomaniaDied: March 16, 1957 in Paris, FranceEducation: Ecole des Beaux Arts, Paris, FranceSelected Works: The Kiss (1908), Sleeping Muse (1910), Bird in Space (1919), Endless Column (1938)Notable Quote: Architecture is inhabited sculpture. Early Life and Education Born into a farming family in the foothills of Romanias Carpathian Mountains, Brancusi began working at age seven. He herded sheep while showing early skills at carving wood. Young Constantin was a frequent runaway, attempting to escape abusive treatment by his father and brothers from an earlier marriage. Brancusi finally left his home village at age 11. He worked for a grocer, and two years later he moved to the Romanian city of Craiova. There, he held a range of jobs, including waiting tables and building cabinets. The income allowed him to enroll in the School of Arts and Crafts, where Brancusi became a skilled woodworker. One of his ambitious projects was the carving of a violin out of an orange crate. While studying sculpture at the National School of Fine Arts in Romanias capital, Bucharest, Constantin Brancusi won competitive awards for his sculptures. One of his earliest works still in existence is a statue of a man with skin removed to expose the muscles underneath. It was one of his first attempts to show the internal essence of something instead of merely the outside surfaces. After first moving to Munich, Germany, Brancusi decided to further his art career in 1904 by moving to Paris. According to legends surrounding the artist, he walked most of the way from Munich to Paris. Reportedly, he sold his watch to pay for the boat crossing across Lake Constance where Germany, Switzerland, and Austria meet. Brancusi enrolled in the Paris Ecole des Beaux-Arts from 1905 through 1907. It served as a ticket into the circles of some of the eras most famous artists. Constantin Brancusi in 1905. Wikimedia Commons / Public Domain Rodin Influence Constantin Brancusi began working as a studio assistant to Auguste Rodin in 1907. The elder artist was by then recognized as one of the greatest sculptors of all time. Brancusi only lasted for a month as an assistant. He admired Rodin, but he claimed, Nothing grows under the shadow of big trees. Although he worked to distance himself from Rodin, much of Brancusis earliest Parisian work shows the impact of his short tenure in the famed sculptors studio. His 1907 sculpture, titled A Boy, is a powerful rendering of a child, emotional and realistic in form. Brancusi had already began smoothing out the edges of the sculpture, taking him away from Rodins trademark rough, textured style. A Boy (1907). Nina Leen / Getty Images One of Brancusis first important commissions was a funeral monument for a wealthy Romanian landowner in 1907. The piece, titled The Prayer is a young girl kneeling. It is perhaps one of the best examples of a bridge between Rodins emotionally powerful gestures in carving and Brancusis later simplified forms. Echoes of Primitive Art Brancusis first version of The Kiss, completed in 1908, is notable for a significant break from the work of Auguste Rodin. The two figures embracing each other are highly simplified, and they fit into a suggested cube-like space. Although it would not become the main thrust of his work, many observers see Brancusis The Kiss as an early form of cubism. As with other works, the artist created many more versions of The Kiss throughout his career. Each version simplified the lines and surfaces more and more to move closer and closer to abstraction. The Kiss (1916). Francis Miller / Getty Images The Kiss also echoes the materials and composition of ancient Assyrian and Egyptian art. The piece is perhaps the best representation of Brancusis fascination with primitive sculpture, which followed him throughout his career. Late in his active career, Brancusi explored Romanian mythology and folklore with wood carvings. His 1914 work The Sorceress is carved from a tree trunk at the point where three branches met. He drew inspiration for the subject matter from a tale about a flying witch. Clean, Abstract Shapes in Sculptures Brancusis most celebrated and influential sculptural style appeared in his first version of the Sleeping Muse, created in 1910. It is an oval-shaped disembodied head cast in bronze with the details of the face modified into polished, smooth curves. He returned to the subject many times, creating works in plaster and bronze. The 1924 sculpture titled The Beginning of the World represents a logical conclusion to this line of exploration. Its an entirely smooth oval shape without any details to disturb the surface. Impressed by the beauty and peaceful appearance of Sleeping Muse, patrons requested commissioned heads, busts, and portraits by Brancusi throughout his career. Baroness Renee-Irana Frachon was the subject of the first version of Sleeping Muse. Other notable abstract sculptures of heads include 1911s Head of Prometheus. Birds became an obsession in Constant Brancusis mature style of work. His 1912 work Maiastra, named after a bird from Romanian legends, is a marble sculpture with the birds head raised as it flies. Twenty-eight other versions of Maiastra followed over the next 20 years. Perhaps Brancusis most celebrated sculptures are from his series of polished-bronze pieces titled Bird in Space, which first appeared in 1919. The form is distilled so precisely that many observers believed Brancusi accurately caught the spirit of flight in a still form. Another concept that Brancusi frequently explored was the stacking of rhomboid pieces, one on top of another to create a tall column. His first experiment with the design appeared in 1918. The most mature example of this idea is the Endless Column completed and installed outdoors in the Romanian city of Targu Jiu in 1938. Standing nearly 30 meters tall, the sculpture is a memorial to Romanian soldiers who fought in World War I. The height of the column stretching into the sky represents the infinite connection between heaven and earth. Endless Column (1918). Ion Gheban / Wikimedia Commons / Creative Commons 3.0 Although Brancusis most important work points in the direction of complete abstraction, he considered himself a realist. He was continually searching for the inner reality of his subjects. He believed that every object had a fundamental nature that could be represented in art. Peak Career Success Constantin Brancusis work first appeared on display in the United States at the landmark 1913 Armory Show in New York. Dada artist Marcel Duchamp drew some of the most strident criticism from art critics. He became a significant collector of Brancusis work and helped introduce him to many more fellow artists. Photographer Alfred Stieglitz, later husband of Georgia OKeefe, hosted Brancusis first solo show in New York. It was a success and positioned Brancusi as one of the most acclaimed rising sculptors in the world. George Rinhart / Getty Images Among Brancusis expanding circle of friends and confidants were the artists Amadeo Modigliani, Pablo Picasso, and Henri Rousseau. Although he was a vital member of the Parisian avant-garde, Brancusi always maintained strong connections with Romanian artists both in Paris and in Romania. He was known for frequently dressing in the costume common to Romanian peasants, and his studio echoed the design of peasant homes from the area where Brancusi grew up. Constantin Brancusi was unable to avoid controversy as his star rose. In 1920, Princess X, his entry into a Parisian Salon show, caused a scandal. While abstract, the sculpture is phallic in form. When public outrage caused it to be removed from display, the artist expressed shock and dismay. Brancusi explained that it was merely designed to represent the essence of womanhood. He later explained that the sculpture was his depiction of Princess Marie Bonaparte looking down with the founded base representing her beautiful bust. A version of Bird in Space caused controversy in 1926. Photographer Edward Steichen purchased the sculpture and had it shipped from Paris to the United States. Customs officers did not allow the usual duty exemption for works of art. They insisted that the abstract sculpture was an industrial piece. Brancusi ultimately won the ensuing legal proceedings and helped set an important standard that sculpture did not have to be representational to be accepted as a legitimate work of art. Later Life and Work By the 1930s, Brancusis fame extended around the world. In 1933, he earned a commission from the Indian Maharajah of Indore to build a meditation temple. Unfortunately, when Brancusi finally traveled to India in 1937 to begin construction, the Maharajah was away on travels. He ultimately died before the artist could construct the temple. Brancusi visited the United States for the last time in 1939. He participated in an Art In Our Time exhibition at the Museum of Modern Art in New York. The sculpture Flying Turtle was his last major completed work. La Negresse Blonde II (1933). Sissssou / Wikimedia Commons / Creative Commons 4.0 The first major retrospective of Brancusis work took place at the Guggenheim Museum in New York in 1955. It was a significant success. Constantin Brancusi died on March 16, 1957, at age 81. He bequeathed his studio, with carefully placed and documented sculptures, to the Museum of Modern Art in Paris. It can be visited in a reconstructed version in a building outside the Pompidou Center in Paris. Brancusis caretakers in his later years were a Romanian refugee couple. He became a French citizen in 1952, and that allowed him to make the caretakers his heirs. Legacy Constantin Brancusi was one of the most important sculptors of the 20th century. His use of abstract forms derived from natural concepts influenced a wide range of future artists such as Henry Moore. Works like Bird in Space were landmarks in the development of minimalist art. Head of Prometheus (1911). Nina Leen / Getty Images Brancusi always maintained a secure connection to his humble beginnings in life. He was a skilled handyman, and he made most of his furniture, utensils, and home carpentry. Late in life, many visitors to his home commented on the spiritually comforting nature of his simple surroundings. Sources Pearson, James. Constantin Brancusi: Sculpting the Essence of Things. Crescent Moon, 2018.Shanes, Eric. Constantin Brancusi. Abbeville Press, 1989.
Wednesday, May 6, 2020
The Presidential Election Made History - 1252 Words
The 2016 presidential election made history when Donald Trump won against Hillary Clinton in a campaign like no other. Mr. Trump, who has never served in a political office, was able to steal the presidency from Mrs. Clinton, although she won the popular vote by a landslide. Along with the new president, there will be new policies and regulations put in place as well as modifications to existing ones. What does this mean for Americaââ¬â¢s and the worldââ¬â¢s economies though? Some experts believe that Trumpââ¬â¢s economic policies will increase the inflation rate. Trumpââ¬â¢s considered spending on infrastructure will potentially lead to an enlarged employment rate and a larger money supply within the economy. If exchange wars with China and Mexico actually happen, import prices could increase, which will lead to inflation. For example, just after the election results were broadcasted, the Mexican peso plummeted 7.3% opposed to the US dollar. The United States is responsi ble for a respectable amount of Mexicoââ¬â¢s imports. Other countries around the world will be impacted by this. Elevated inflation expectations have induced universal alarm among investors, producing a bond sell-off (specifically for fixed-income treasury bonds whose profit gets consumed with a higher inflation rate.) The selling of bonds has caused a fall in bond prices. Bond yields on the other hand have risen. How will Trump affect interest rates? Trump can improve the overall condition of the economy by guiding theShow MoreRelatedWomen And The Presidency : Ending The Misogyny1730 Words à |à 7 PagesWomen The Presidency: Ending the Misogyny Looking back to high school American history class, one can open the textbook to the reference section and gaze at the page listing all the previous presidents that served: George Washington, Abraham Lincoln, Franklin Roosevelt, Barack Obama, etc. The one thing that all the former presidents have in common is that they are all men. Never in the 200-plus years of American history has a woman served as President of the United States. However, according to ArticleRead More Elimintating the Electoral College Essay examples1583 Words à |à 7 Pagesare looking with this yearââ¬â¢s election, the Electoral College is not benefiting American citizens. People fight both sides of the system, but the truth of the matter is that although the Electoral College has been in place for over 200 years, Americans are still not sure how it works or if it is the best method. Our country is supposed to be a symbol of democracy, but to this day, American elections are not truly democratic, for there are no direct Presidential elections. The Electoral College isRead MoreU.s. Presidential Election : Presidential Elections1079 Words à |à 5 Pages101 15 March 2016 1992 Presidential Election The U.S. presidential elections are the most important events in all of American government. There are many differences and similarities when elections are compared throughout history in the United States. The 19th century was a time when the presidential era was considered nothing more but a job. The presidents was not held to the same standards as he (or she in the future) is in this day and age. Little effort was made in regards to publiclyRead MorePresidential Debate Over Presidential Debates947 Words à |à 4 PagesWith the 2016 election in full throttle, Kennedy and Nixonââ¬â¢s presidential debates of 1960 are still very much a part of American democracy. Televised presidential debates have become a backbone in an American election. Although these debates are now considered a norm in American politics, this has not always the case. Even after the first time a presidential debate was held between presidential candidates from across the aisle, it took another 16 yea rs for another debate to occur. It is highly doubtfulRead MoreDoes the Current Electoral Process Result in the best Candidate for President?1664 Words à |à 7 PagesPresident? History informs us about the first method the parties developed in order to pick their presidential candidates. This method was the congressional caucus. The framerââ¬â¢s method in 1787 was that each elector would cast two electoral votes, each for a different person for president. The person who received the majority of the electoral votes would win the presidential election and the person who received the second most amount of electoral votes won the vice presidential election. However,Read MoreThe 2000 US Presidential Election928 Words à |à 4 Pages2000 Presidential Election The United States Presidential elections are often events that captivate and interest a number of people around the world. The 2000 U.S. presidential election was particularly notable for more than one reason. Certainly, the fact that an election year in the year 2000, the marking of the next millennium and next century, is significant in of itself. In addition, there were a number of critical issues facing the candidates in this election, as with any election. The roleRead MoreWhat Was Learned From the 2000 Presidential Election?1494 Words à |à 6 PagesPresident Election isnââ¬â¢t considered to be the typical election that occurs every four years in our society. I am opening up the discussion of this important topic in American presidential history by first sharing a fact that not many people may know: there have been three previous presidential elections in which one candidate won the popular vote but not the electoral vote and lost the election. The 2000 Presidential Electio n was considered to be one of the most highly contested elections in presidentialRead MorePresident Franklin D. Roosevelt s Presidential Election1225 Words à |à 5 Pagesthe 1952 presidential race, Dwight Eisenhower promoted his campaign by creating political advertisements on TV (Fowler, Franz, Ridout). Since then, not only have radio and TV advertisements been a defining aspect of presidential elections, but also, social media, a more modern avenue for politicians. This has become one of the most effective campaigning strategies in modern day elections. President Obamaââ¬â¢s 2008 presidential race is one of the most significant examples. Obama made history by takingRead MorePresident Executive Of The United States Of America Essay1565 Words à |à 7 PagesThroughout American History, people expect those who run for president to fully understand the occupation and its role as president and the importance of soliciting their votes. During each election, America assumes that e ach candidate will thoroughly explain their positions and their values so that the people can become familiar with the candidate and begin to trust them. Over time, the way presidential candidates promote themselves to America continued to evolve in many different ways that connectRead More Fraudulent Elections: A Look at Russia, Iran and Nigeria1626 Words à |à 7 PagesDespite the governmentsââ¬â¢ attempts to portray a democratic front, the obvious corruption and fraud involved in the presidential elections over the last few years in Russia, Iran, and Nigeria expose the reality of the situations. In examining the election processes of these three countries, one can clearly see that the electoral body is not independent of the party in power. The poor electoral processes have snowballed into a legitimacy crisis in Nigeria and full-fledged riots in Russia and Iran; though
Tuesday, May 5, 2020
Strategic Management Ideas of Qantas Airways
Question: Discuss about the Strategic Management Ideas of Qantas Airways. Answer: Introduction The study investigates the strategic management ideas of Qantas Airways, the largest airline company in Australia to determine how the strategic moves of the management have led the growth foundation of the airline company. Throughout the study the application several theoretical concepts has been addressed to find out the impact of the same of the management practices of the corporation in the target market (O'Sullivan, 2014). Interestingly, the company is one of the oldest airline corporations of the world set up in 1920. In the recent past, tough market competition from other domestic as well as international airlines companies has created substantial issues for Qantas Airways. Primarily, Air New Zealand, Singapore Airlines, and Virgin Airways can be identified as the leading market rivals affection the business structure of Qantas Airways. In the study, suitable theoretical concepts have been drawn into conclusion to identify the industry attractiveness, companys resource-based views based on Barneys concept, and competitive advantage of Qantas. Application of Theoretical Concepts Industry Attractiveness In order to identify the concept of industry attractiveness in the Australian Airlines industry, first of all, the competitive structure and potential market for the business participants must be determined. Currently, the growth outlook of international as well as domestic airlines is increasing in rapid order. Due to increasing number of customers, a number of airlines companies are participating in the market (Dawid, Reimann, 2015). Therefore, the strategic industry analysis based on Porters five forces of competition has been included in the study to identify the market positioning of Qantas Airways. Apparently, Porters Five Forces describes the economic environment and industrys framework based on components such as purchasers bargaining power, suppliers bargaining power, threats of latest market entries, and substitute services. Precisely, each of the determinants has convincingly identified the level of competition and market orientation of a company (Rotha?rmel, 2017). Based on Porters Five Forces, the industry attractiveness for Qantas has been briefed in the underlying section. The analysis of the industry based on Porters Five Forces has represented fierce market competition for the Australian Airlines company, Qantas. Due to the substantial number of airlines services, the buyers bargaining power is comprehensively high creating significant rivalry and price war. Following that, the suppliers bargaining power is relatively controlled, to say the least. In the recent time, Qantas has managed to merge with a number of suppliers that impact the services of the airlines (Korporaal, 2016). As a result of the same, the position of the airline company is strong in the industry. Alternatively, due to increasing infrastructure and technological development, threats of current participants are high. On a comprehensive note, new substitutes do not make a massive impact in the airline industry (Ethiraj, Gambardella, Helfat, 2016). By considering Porters Five Forces, the industry attractiveness can be easily pointed out. Moreover, the challenging market has created a number of management problems for Qantas as well. Resource Based View On the basis of Resource Based View (RBV) Theory of Jay Barney, the resources, capabilities, and core competencies of Qantass business structure have been described as follows. Resources Identifying the available resources has been the crucial factor leading to the successful business environment. According to Barneys Resource Based View (RBV) Theory, an organisation must constitute a human resource pool that cannot be substituted or imitated by the competitors (Ray, Barney, Muhanna, 2013). Thus, utilisation of human resources can lead to competitive advantage on a long-term basis. Based on this concept, Qantas Airways has created a well-trained and knowledgeable workforce to deliver quality services towards the customers. In this way, resources can be turned into capabilities of the organisation. Capabilities Decisively, employees of an organisation can be identified as the leading sources of organisational capabilities. Qantas Airways has influenced the customers through the brand identity. Clearly, the brand name of Qantas Group has supported the business environment. Moreover, the services quality, facilities given to the target demographics, and employee attributes have worked in favour of the firm to stay ahead of the rivals. Additionally, the corporate social responsibility towards the community has also listed as the capability leading to success. Core Competencies By understanding the resources and capabilities, Qantas has featured two core competencies i.e. loyalty of the target demographics and satisfaction of the clients in the business dimension. Through value creation, the company has utilised the capabilities to meet the satisfaction level of the domestic as well as international passengers. By following the RBV theory, Qantas Management has created a unique employee portfolio in the services sector that cannot be matched by the competitors. Such quality of services has impressed the target demographics to prefer Qantas achieving loyalty of customers. Competitive Advantage The concept of competitive advantage presents the factors that help a firm to stay ahead of its rivals. The competitive advantage theory has been developed Michael Porter that explains that factors leading to comparative advantage of a nation over any other nation. The same theory has been used by modern management professionals to evaluate the factors leading to the competitive advantage of an organisation (Oxenbridge, Wallace, White, Tiernan, Lansbury, 2010). It is important to note that an individual firm competes in the international market and a collection of firm forms an industry. Hence, the collective performance of the industry is used to judge the competitive edge of an economy. According to Porter, there are four major determinants of competitiveness that are used to plan the strategy of a firm or economy as a whole (LaPlaca, 2008). The factors influencing the competitive advantage of Qantas in the international market has been discussed herein below: Demand Conditions: Qantas is the number one airline company in Australia with its operations spread all across the globe. The developing economy of Australia has resulted in the growing demand for airline businesses that has further leaded to the competitive advantage of the business (Qi, Zhao, Sheu, 2011). But, the recent boom in the Australian inflation rate has resulted in the rise of aggregate price of different products and services resulting in the fall of demand for the airline businesses. Factor Conditions: Qantas employs the best talent in the market leading to an effective workforce and knowledge resource that acts as a competitive advantage for the organisation. On the other hand, the company has the best physical resources to support the changing needs of the consumers (Godet, 2009). Additionally, the financial position and modern infrastructure of the organisation has also supported the firm to seek competitive advantage in the international market. Supporting and Related Industry: The chaining price of oil and raw materials directly impacts the profitability of the firm. Recently, Qantas has signed several contracts with the suppliers to stabilise its procurement processes and improve the quality of its services. On the other hand, the changing policy of the government related to carbon emission and environmental conservation has become a primary challenge for the organisation. Firms Structure, Strategy and Rivalry: Qantas has a horizontal organisational structure that makes the decision making process faster and effective (McGee, 2014). On the other hand, the flexible business strategy of the firm supports the changing needs of the market. Furthermore, the growing rivalry of the business has emerged to be a current challenge for the firm. Recommendation Qantas has been quite successful in meeting the growing competition and changing factors in the international market. But, there is a need of certain changes in the strategy of the firm to enhance its growth in the long run. Therefore, the following recommendations are suggested to the management of Qantas on the basis of the above analysis: Focus on Corporate Social Responsibility: Qantas needs to focus on corporate social responsibility policy to seek a competitive advantage in the market. For example, the management must focus on reducing the pollution occurred due to the operations of the firm (Maritan, 2011). The improved CSR policy will help the firm stay safe from legal obligations and financial losses in the future. Improve Pricing Policy: The management of Qantas needs to make changes in the pricing policy in order to meet the changing demand of the market. The competitive pricing policy will be helpful to seek competitive edge. On the other hand, the company can make use of premium pricing policy for its business class services. Market Expansion: Market expansion can be another strategic change that can be implemented by the management of Qantas to seek competitive advantage in the international market (Maritan, 2011). For example, the company can introduce new routes and flights in the emerging markets to expand its business territory. Service Diversification: Service diversification is required to meet the growing competition in the market. For example, Qantas has introduced new catering service to meet the growing needs of the consumers. On the other hand, the company can consider home pickup services for the premium clients to enhance its market positioning. Conclusion The current strategic management practices of Qantas have been quite effective in meeting the changing needs of the markets. But, the company needs to consider several changes in its operation strategies in order to meet the growing competition and changing external market factors. There is a need of service diversification, better pricing policy, market expansion strategy, and improved CSR policy to enhance the grow rate in the international market. Conclusively, the firm requires a flexible strategic management policy in order to survive and seek growth in the competitive business environment References Dawid, H., Reimann, M. (2015). Evaluating Market Attractiveness: Individual Incentives Versus Industry Profitability.Computational Economics,24(4), 321-355. Ethiraj, S., Gambardella, A., Helfat, C. (2016). Replication in strategic management.Strategic Management Journal,37(11), 2191-2192. Godet, M. (2009). Effective strategic management the prospective approach.Technology Analysis Strategic Management,1(1), 45-56. Korporaal, G. (2016).Women fly Qantas higher.Theaustralian.com.au. Retrieved March 2017, from https://www.theaustralian.com.au/business/aviation/qantas-alan-joyce-diversity-is-making-the-difference/news-story/176faa7ef737b8ba36819efbc37a2ba7 LaPlaca, P. (2008). Industrial marketing management.Industrial Marketing Management,37(3), 245-246. Maritan, C. (2011).Competitive strategy(1st ed.). Cheltenham: Elgar. McGee, J. (2014).Strategic management(1st ed.). Chichester: Wiley. O'Sullivan, M. (2014).Qantas unveils big management reshuffle.The Sydney Morning Herald. Retrieved March 2017, from https://www.smh.com.au/business/aviation/qantas-unveils-big-management-reshuffle-20141212-1262q5.html Oxenbridge, S., Wallace, J., White, L., Tiernan, S., Lansbury, R. (2010). A comparative analysis of restructuring employment relationships in Qantas and Aer Lingus: different routes, similar destinations.The International Journal Of Human Resource Management,21(2), 180-196. Qi, Y., Zhao, X., Sheu, C. (2011). The Impact of Competitive Strategy and Supply Chain Strategy on Business Performance: The Role of Environmental Uncertainty.Decision Sciences,42(2), 371-389. Ray, G., Barney, J., Muhanna, W. (2013). Capabilities, business processes, and competitive advantage: choosing the dependent variable in empirical tests of the resource-based view.Strategic Management Journal,25(1), 23-37. Rotha?rmel, F. (2017).Strategic management(1st ed.). New York, NY: McGraw-Hill Education.
Sunday, April 12, 2020
Wright And Wrong Essays - Oaths, Scout Promise, DraftCarson Hill
Wright And Wrong old brain acquired any knowledge from was my parents. They were my soul teachers on what was and what was not ethical. Then one brisk fall day my tiny right foot hit the bus steps and I was off to my first day of school. It was in this one isolated incident in wh Beginning from birth until I was about five years old the only source that my five-year ich my brain began to fog up from the entire worlds views on ethics. Basically in the fraction of a second that it took my foot to make contact with the rubber stuff on the bus steps, I became perpetually confused as to what was right and what was wrong. As I made my way down the aisle of the bus I found a seat with a very scruffy little kid (Danny McCormick), whom would soon become my partner in crime. This was my best bud back in the day when days lasted weeks and weeks lasted years. Now being an extremely shy child I was his lackey, he said jump and I responded how high? We were that children who always had to sit on the wall during recess for throwing dirt at little Billy or for teasing little Susie about her stupid pink bow. To this day the smell of Windex will send me straight back to the days of cleaning the chalkboard and the desks during recess. Also we were the well-published chalkboard names with the vivacious yellow check mark strategically placed directly following. The two of us could be found at any given time together and probably causing trouble. So my best bud until about fourth grade basically taught me to be a little punk. Which totally went against everything my parents had taught me. Here is where I need to flashback to fill you in on my parent's background and what they had taught me until I started attending school. My parents are the basic run of the mile middle class parents. They are not: drug addicts, alcoholics, quick-tempered, violent, or in any way emotionally scaring. To sum it up my parents are the Huxtable's without all the sappy make you want to vomit scenes. They had always grilled a sense of love everyone, treat others the way you want to be treated view into my head. So meeting my little scruffy Danny was something extremely new and exciting to me. He taught me it could be fun to get in trouble, my parents of course thought otherwise and would try at all lengths to keep us apart. This was like trying to keep Bert away from Ernie. During the summer before fourth-grade Danny and his family moved to the upper- peninsula and we lost contact after about five years of what seemed like an everlasting friendship. I'm sure my parents were pained to see me hurt by the whole ordeal of losing my best buddy, but I also believe that they jumped for joy internally when he left in his parents beat-up old station wagon that day lost so long ago. The memory lives on and what he taught me will always be apart of what I hold ethical. Upon returning to school in the fall of the fourth grade I found myself surrounded by all the familiar faces minus one. I realized all these kids were the ones that we had tormented for so many years, why would they ever speak to me. So for a few days I basically kept to myself, went back to being really shy and I spoke to no one. My whole personality had changed into something these kids had never seen; I was not being a little bad ass. And one day a little curly-headed girl, (Heather Ross), whom we had repeatedly tormented, approached me and asked me to come over to her house and play and I did. This was the beginning of my second most beautiful friendship. Heather and I would do everything together just as Danny and I had, but this relationship was quite different. We didn't do everything to physically or emotionally injure another person, which was what I basically was doing for
Tuesday, March 10, 2020
Descriptive vs. Inferential Statistics
Descriptive vs. Inferential Statistics The field of statistics is divided into two major divisions: descriptive and inferential. Each of these segments is important, offering different techniques that accomplish different objectives. Descriptive statistics describe what is going on in aà populationà orà data set. Inferential statistics, by contrast, allow scientists to take findings from a sample group and generalize them to a larger population. The two types of statistics have some important differences. Descriptive Statistics Descriptive statistics is the type of statistics that probably springs to most peopleââ¬â¢s minds when they hear the word ââ¬Å"statistics.â⬠In this branch of statistics, the goal is to describe. Numerical measures are used to tell about features of a set of data. There are a number of items that belong in this portion of statistics, such as: The average, or measure of the center of a data set, consisting of the mean, median, mode, or midrangeThe spread of a data set, which can be measured with the range or standard deviationOverall descriptions of data such as the five number summaryMeasurements such as skewness and kurtosisThe exploration of relationships and correlation between paired dataThe presentation of statistical results in graphical form These measures are important and useful because they allow scientists to see patterns among data, and thus to make sense of that data. Descriptive statistics can only be used to describe the population or data set under study: The results cannot be generalized to any other group or population. Types of Descriptive Statistics There are two kinds of descriptive statistics that social scientists use: Measures of central tendencyà capture general trends within the data and are calculated and expressed as the mean,à median, andà mode. A mean tells scientists the mathematical average of all of a data set, such as the average age at first marriage; the median represents the middle of the data distribution, like the age that sits in the middle of the range of ages at which people first marry; and, the mode might be the most common age at which people first marry. Measures of spreadà describe how the data are distributed and relate to each other, including: The range, the entire range of values present in a data setTheà frequency distribution, which defines how many times a particular value occurs within a data setQuartiles, subgroups formed within a data set when all values are divided into four equal parts across the rangeMean absolute deviation, the average of how much each value deviates from the meanVariance, which illustrates how much of a spread exists in the dataStandard deviation, which illustrates the spread of data relative to the mean Measures of spread are often visually represented in tables, pie and bar charts, and histograms to aid in the understanding of the trends within the data. Inferential Statistics Inferential statistics are produced through complex mathematical calculations that allow scientists to infer trends about a larger population based on a study of a sample taken from it. Scientists use inferential statistics to examine the relationships between variables within a sample and then make generalizations or predictions about how those variables will relateà toà a larger population. It is usually impossible to examine each member of the population individually. So scientists choose a representative subset of the population, called aà statistical sample, and from this analysis, they are able to say something about the population from which the sample came. There are two major divisions of inferential statistics: A confidence interval gives a range of values for an unknown parameter of the population by measuring a statistical sample. This is expressed in terms of an interval and the degree of confidence that the parameter is within the interval.Tests of significance or hypothesis testingà where scientists make a claim about the population by analyzing a statistical sample. By design, there is some uncertainty in this process. This can be expressed in terms of a level of significance. Techniques that social scientists use to examine the relationships between variables, and thereby to create inferential statistics, include linear regression analyses,à logistic regression analyses,à ANOVA,à correlation analyses,à structural equation modeling, and survival analysis. When conducting research using inferential statistics, scientists conduct a test of significance to determine whether they canà generalize their results to a larger population. Common tests of significance includeà theà chi-squareà andà t-test. These tell scientists the probability that the results of theirà analysis of the sample are representative of the population as a whole. Descriptive vs. Inferential Statistics Although descriptive statistics is helpful in learning things such as the spread and center of the data, nothing in descriptive statistics can be used to make any generalizations. In descriptive statistics, measurements such as the mean and standard deviation are stated as exact numbers. Even though inferential statistics uses some similar calculations - such as the mean and standard deviation - the focus is different for inferential statistics. Inferential statistics start with a sample and then generalizes to a population. This information about a population is not stated as a number. Instead, scientists express these parameters as a range of potential numbers, along with a degree of confidence.
Sunday, February 23, 2020
Great Communicators in History Essay Example | Topics and Well Written Essays - 2000 words
Great Communicators in History - Essay Example He served eight years in Illinois legislature and also served as a captain in the Black Hawk War. Lincoln began his political career at the age of 23 as a member of Whig Party but his beginning campaign for the Illinois General Assembly was unsuccessful and he left politics for the time being. He resumed his political career after the passage of the Kansas ââ¬â Nebraska Act in 1854 which repealed the limit on slavery and recognized the right of people to decide whether to allow slavery in their area or not. From his stand strongly opposite slavery he rejoined politics but his first bid for US senate was unsuccessful. He received some support for the Republican vice-presidential nomination in 1856 and started his move against slavery as public speaker and prominent debater. The nation began to listen to his views from famous speeches like Lost Speech, House Divided Speech, etc. one after another. He received national recognition as a public speaker with his successful speech in th e Cooper Institute, New York in 1860 (ââ¬Å"An overviewâ⬠¦Ã¢â¬ , n.d.). He won the Presidential election in 1860 to become the 16th President of the nation. As the President he faced immense crisis in saving the union from falling apart. He decision continued Civil Wars for four years and Emancipation Proclamation was declared in 1863 declaring the freedom of the slaves. His famous Gettysburg Speech is still remembered as his gratitude to the dead soldiers in the War and as his effort to inspire the nation to follow the path of anti-slavery and unity, the cause for which the soldiers sacrificed their lives. He was re-elected as President in 1864 and initiated the peace activities. He took a more flexible and generous approach to ensure the unity of the nation and encourage the rebels of the south to join the peace mission. He clearly communicated this approach of him in his second inaugural speech. But somehow he was misunderstood as a supporter
Friday, February 7, 2020
Strategic management of Tesco Essay Example | Topics and Well Written Essays - 4750 words
Strategic management of Tesco - Essay Example Inbound logistics include the receiving, warehousing, and inventory control of input materials. Superior supply chain management has always been Tesco's core strength. Stockholding and distribution costs were minimized by constantly replenishing stocks. The new Tesco stores were built so as to facilitate reconfiguration (for e.g. walls in the warehousing area could dismantled to make for additional selling space) and minimum warehousing space. Operations are the value-creating activities that transform the inputs into the final product. Outbound logistics are the activities required to get the finished product to the customer, including warehousing, order fulfilments, etc. Marketing & Sales are those activities associated with getting buyers to purchase the product, including channel selection, advertising, pricing, etc. Service activities are those that maintain and enhance the product's value including customer support, repair services, etc. The elements of the value chain describe d here have been dealt with in the earlier discussion. 1.2. Antecedents: The first three letters 'Tes' that form the name Tesco come from the founder Jack Cohen's first tea supplier, T. E. Stockwell and the 'co' from his surname - supply chain management has always been prominent in the company's scheme of things. ... They were; direct delivery of the supplier to the retail store; centralised distribution system for ambient goods to be supplied to regional centres, which began in the 1970s but continued to evolve over the years; a composite distribution system developed in 1989 and vertical collaboration in the supply chain to achieve better operational efficiencies. The 'reconfiguration of distribution and operational strategies' helped the company to achieve sustainable competitive advantage. The company's fortunes changed dramatically during the 1992-2002 decade. The top six retailers in the UK up to 2002 were Tesco, Sainsbury's, Gateway (now Somerfield), Argyll (now Safeway), Asda (acquired by Wal-Mart) and Kwik Save. Tesco was far ahead of its competitors in 2002 with sales worth ' 15.6 billion - her nearest rival Sainsbury's had sales of ' 6.4 billion. In 2002 W. M. Morrison arrived as a new entrant to the top six claiming a place above Safeway with sales of ' 3 billion in that year and in the process dislodging Kwik Save. 1.3. Strategic challenges: The strategic issues that the food retailing industry faced in the last decade of the twentieth century were challenging. As all of them offered - more or less - the same goods it was difficult to create a sustainable competitive advantage over an extended period. The differentiator was to be service and to beat competition businesses had to constantly evolve a process of innovation in their service offering. One of the consequences of this evolving process of innovation was to diversify product offerings that made food retailers move into non-food businesses like clothing, electrical goods, petrol, financial products and insurance apart from
Wednesday, January 29, 2020
Sixth Sense Essay Example for Free
Sixth Sense Essay The senses are basic: hearing, taste, smell, sight, and touch. These are the given senses that are apart of every living creature on earth. People have always wondered about the existence of the sixth sense. A sixth sense is a power of perception beyond the five senses. Many have theorized that the ability of the sixth sense is a skill that can be gained by appreciating nature, similar to the innate senses of an animal. The idea of the existence of a sixth sense has been misguided. The sixth sense we all believe is there, does not exist, there are only abilities or enhancement that have been misunderstood. Animals for along time have seemed to have a sixth sense but in reality it is their already enhanced senses that we are seeing. Animals have been able to detect or even notice things that cannot possibly be known. These are the main instances where animalsââ¬â¢ sixth sense is misconceived. They are from a completely different world than we are. Animals have gained abilities that have helped them survive in nature. These heightened senses are due to the lack of one of their already basic senses. For example a bat with its blindness relies on its ears to detect waves, vibrations in the air in order to see. Animals in turn of needing something to replace the lack of one of their senses gains an ability. Humans have this capability as well. The human body can enhance a sense giving its host an ability that compensates for something lost. Humans are just as diverse as animals. We gain different abilities that are based on different factors like gender, heritage, and even the environment that one has grown up in. These factors are what makes an ability or even an enhancement even possible. One ability that have still yet to understand is instinct, an inborn pattern of behavior that is characteristic of a species and is often a response to specific environment, or can be defined as a powerful motivation or impulse. Every living creature has this ability inside them, it is just the matter of how in touch one is with the instinct that is inside them. Animals for some reason are more in touch with their instincts than we are as humans. Some believe it is for the reason that animals are more in touch with nature. Humans only seem to be really in touch with their instinct when they are in serious danger, when their senses are more focused because they know their life is threatened. Animals have forever been the thought to be the key of understanding what the sixth sense was. The fact that what they were observing was something other than a sixth sense lead their conclusions about the sixth sense to be misguided. There have been multiple events throughout history where animals have been noticed of having odd behaviors. In most cases animalsââ¬â¢ behavior was due to a disaster or something strange they sensed. Most people have misunderstood there actions as something odd, different. People began to notice what was causing animals to act like this, when they found out why they wanted to know the how. How could the animals possibly know when there was a disaster? This is what lead people to believe there was a sixth sense. Their observations were not of a sixth sense but an animals heighted senses working in their favor. Throughout history animals have had weird behavior when it came to disasters occurring or even beforehand. The misconception of these animals is that these actions that they are exhibiting are due to a sixth sense. This is not the case, most scientist state that we are seeing the animalsââ¬â¢ heighted senses at work. Animals have senses that are superior to ours as humans. Depending on the animals determines which of the senses maybe more enhanced. On February 4, 1975, an earthquake of magnitude 7.3 struck the Haicheng County, Liaoning Province. Before the earthquake hit local people saw hibernating snakes coming out from their holes into the snow. Through the period of the first three days in February the activity intensified even more, unusual behavior in larger animals such as cows, horses, dogs, and pigs was reported. (ââ¬Å"The Use of Animals in Earthquake Predictionâ⬠1) Events along this line is what people may misconstrue as a sixth sense that animals have, what people donââ¬â¢t really think about is the abilities or the heightened senses animals have that acts as a warning. Once we identify what abilities or senses that are enhanced, we can gain better understanding as to why these animals reacted the way they did in response to the earthquake. Snakes for instance, it is not surprising that they were the first to respond to this coming threat. They hear by picking up vibrations through their jawbones. The part of body in direct contact with the ground has an incredible sensitive stereo hearing, which enables a snake to sense and detect the position of prey (ââ¬Å"Facts about snakesâ⬠1). This ability can logically count as an early warning sign to an Earthquake. Snakes are not native to the environment that surrounds them, they notice the slightest change. By them being able to feel the vibrations in the ground they could feel the slightest tremble in the ground. Dogs on the other hand can hear higher pitched sounds that humans cannot hear. They often bark at vacuums because they hear a very loud annoying pitch. Dogs detect sounds in the frequency range of approximately 67 45,000 Hz (varies from different breeds), compared to humans with the approximate range of 64 23,000 Hz. Dogs have 18 or more muscles in their ears allowing them to be mobile, whereas a human has only 6. (ââ¬Å"Understanding a Dogs Sensesâ⬠1). These extra muscles allow dogs to move their ears specific directions as to better focus their hearing. Dogs with perked ears can usually hear well than dogs with hanging ears, especially if they can move their ears in the direction of the sound. This ability would also explain why the canine would be able to react to an earthquake or any disaster that affects the sounds waves in the air. By a canine directing and focusing it hearing on certain points, they would be able to determine if there is a threat coming. This is only one instance where animals abilities have save them or acted as an early warning sign from a natural disaster. What people have been seeing was the enhanced senses and abilities that animals have working in their favor. Humans on the other hand may gain an enhanced sense mostly in special cases. Scientist were working on determining what factors contribute to a blind personââ¬â¢s sense of hearing being enhanced. They know that it is possible; they did not understand why this was occurring. Some of their theories is that a sixth sense in the body could be acting on a blind persons hearing giving them a new way to see. After much research scientist discovered that it is the brain that is causing the enhancement of the hearing sense. When a human losses a sense a brain has to work harder in order to make up for what your boy has lost. We all know that the brain is a muscle and the more you use a certain area of it the stoner it will become. By a blind person losing their sense of sight their brain works their muscles in their ear more while makes the hearing capability stronger. This view of a sixth sense was proven wrong by that of science. The scientists determined that there was not a sixth sense that was working but, an enhancement due to that lose of another sense. A factor that people over look is that everyone already has a sixth sense. The only action that every living creature has is instinct. Instinct is the something that scientist have not been fully able to explain. A personââ¬â¢s, even an animalââ¬â¢s instincts are unpredictable because it depends on how in touch they are with this instinct that lives inside of them. My research has lead me to the conclusion that the closest we as living creatures have to a sixth sense is instinct. Instinct is an inward stimulator that affects our five basic senses. As we know a sixth sense is a power of perception beyond the five senses. By following this definition and the proof of the continued misconceptions of the sixth sense, the logical ideal sixth sense would be instinct. Instinct in some instances can be controlled by sheer will power or even through constant training. Instinct mainly relies on your brains reactions in order to be activated. Think of your brain as a trigger. Scientist have discovered that instinct is more often triggered when one is believe to be in danger (whenever life is threatened). The reason they believe animals are more in touch with their instincts is because since they live in nature their lives are constantly threatened. This in turn always keep them on edge. There sense are being constantly worked like a muscle, which allows them to get stronger. Humans on the other hand live a more comfortable life style. We have learned to make the environment around us work in our favor. We live a relaxed life, our lives are not constantly threatened, there are the instances where we get to a situation where our life maybe on the line which than beings out our instincts. To better understand the difference between the average human life style, compare it to a person who has been on the battle field for years. Their instincts have been working constantly. We notice the difference the people had n these environments when they return average society and try to return to their normal life style. They canââ¬â¢t turn it off because there body now feels, just like an animals, like there is always a threat that is about to pounce. There are more ridiculous ideas as to what the sixth sense could possible turn out to be with further study. Most people believe that we will be able to gain super human power like telekinesis. The power to move object without applying physical force. Being able to communicate without the use of talking but through thoughts. Scientist have not found any logical proof that this exist yet, they are continuing to do their research. This is only one of the possibilities that has been widely viewed as a possible sixth sense throughout the 20th and mostly the 21st. The misconception of the sixth sense are mostly simple. Most of the views on the sixth sense have been only enhancements and/or abilities. The fact that animals are so much different than us make it difficult to compare them to us. We live in completely different world so the sense that we have are different, the abilities we obtain are different, and the instinct we develop is different. Look deeper and you will find a true answer, there is always something under the first sheet that is laid down.
Tuesday, January 21, 2020
Finding Oneââ¬â¢s Authentic Identity Essay -- Psychology
Deep inside all of us, we know there is someone who we were born as, grow up as, and will die as. We can feel when we are being true to ourselves, and conversely we can feel when we are pretending to be something other than our individual selves. However, many people spend a lifetime searching to find exactly who this person is, and how to be this person all the time. However, it is difficult to determine how much of our identity is a non-changeable permanent part of ourselves, and how much has been cast over us like a cloak via external influences including culture, religion, disabilities, family, friends, pop culture, and the media. These perceptions, assumptions, and roles inevitably affect how we develop as people, and often cloud our authentic identities. Unfortunately, many people look to others to define themselves. This often results in being placed in roles we cannot excel in (Kubler-Ross & Kessler). These days, when surgery can alter everything from gender and body shape to face image and height, we feel as if we can change our inner identity. Books and self-help workshops have become very popular as people embark on lifelong journeys of personal growth. People are no longer comfortable to stay within fixed roles as perhaps our parents and grandparents once did, suggesting that we now have a greater choice over our identities than before. In Philippine culture, the family is the basic unit of society. Personally, my culture has greatly shaped my personal identity because I am a small part of something much greater than myself. In a traditional Filipino family, the father is considered the head of the family and is ââ¬Å"viewed as the provider of the familyâ⬠(Enriquez). On the other hand, the mother is responsible for domes... ...Disabled People: Issues for Discussion." World Rehabilitation Fund. (1980): n. page. Web. 29 Apr. 2012. . 4. Funk, Robert. Disability rights: from caste to class in the context of civil rights. New York: Praeger, 1987. 7-30. Web. 5. Kitchen, Rob. 'Out of Place', 'Knowing One's Place': Space, power and the exclusion of disabled people. 3. 13. 1998. 343-356. Web. 6. Kubler-Ross, Elisabeth, and David Kessler. Life Lessons. New York: Scribner, 2003. Print. 7. Saroca, Cleonicki. "Filipino Women, Migration, and Violence in Australia: Lived Reality and Media Image." Kasarinlan: Philippine Journal of Third World Studies. 21.1 (2006): n. page. Web. 28 Apr. 2012. .
Sunday, January 12, 2020
Arizona vs Grant Case
On August 25, 1999, acting on an anonymous tip that the residence at 2524 North Walnut Avenue was being used to sell drugs Tucson police officers Griffith and Reed knocked on the front door and asked to speak to the owner. Gant answered the door and, after identifying himself stated that he expected the owner to return later. The officers left the residence and conducted a records check, which revealed that Gantââ¬â¢s driverââ¬â¢s license had been suspended and there was an outstanding warrant for his arrest for driving with a suspended license. When the officers returned to the house that evening they found a man near the back of the house and a woman in a car parked in front of it. After a third officer arrived they arrested the man for providing a false name and the woman for possessing drug paraphernalia. Both arrestees were handcuffed and secured in separate patrol cars when Gant arrived. The officers recognized his car as it entered the driveway and Officer Griffith confirmed that Gant was the driver by shining a flashlight into the car as it drove by him. Gant parked at the end of the driveway got out of his car and shut the door. Griffith who was about 30 feet away called to Gant, and they approached each other meeting 10 to 12 feet from Gantââ¬â¢s car. Griffith immediately arrested Gant and handcuffed him. Because the other arrestees were secured in the only patrol cars at the scene Griffith called for backup. When two more officers arrived they locked Gant in the backseat of their vehicle. After Gant had been handcuffed and placed in the back of a patrol car two officers searched his car One of them found a gun and the other discovered a bag of cocaine in the pocket of a jacket on the backseat. Gant was charged with two offenses possession of a narcotic drug for sale and possession of drug paraphernalia the plastic bag in which the cocaine was found He moved to suppress the evidence seized from his car on the ground that the warrantless search violated the Fourth Amendment Among other things Gant argued that Belton did not authorize the search of his vehicle because he posed no threat to the officers after he was handcuffed in the patrol car and because he was arrested for a traffic offense for which no evidence could be found in his vehicle. I think that to better prepare for such an inquiry officers should focus on articulating the reasonableness of any such search based on the following facts and circumstances: (1) Distance: The distance between the arrestee and the place to be searched. 2) Restraints: Whether the arrestee was handcuffed or otherwise restrained what kind of Restraints were used and whether the arrestee was handcuffed in the front or back (3) Display of guns or other weapons by officers: Whether the police had weapons drawn or pointed at the arrestee or other suspects (4) Positioning: Whether the police were positioned so as to block the arrestee suspects and bystanders from the area to be searched. (5) Access: The ease of access to the area or container itself to include whether a container is open or closed locked or unlocked. 6) Numbers: The number of officers present versus the number of arrestees, suspects, or bystanders. (7) Arresteeââ¬â¢s conduct: Attempts made by the suspect before during, or after the arrest to access the area to be searched. (8) Reasonable change in circumstances: Do police need to move the arrestee away from a dangerous environment into another private area or can police articulate a legitimate need to retrieve something such as the arresteeââ¬â¢s shoes or clothing? Searches of a Vehicle Following Arrest of an Occupant or Recent Occupant: Two Potential Justifications Arrestee could access the vehicle Gant held that police might search a vehicle incident to arrest when the arrestee an occupant or recent occupant of the vehicle is unsecured and within reaching distance of the passenger compartment at the time of the search. The Court noted, It will be the rare case in which an officer is unable to fully effectuate an arrest so that a real possibility of access to the arresteeââ¬â¢s vehicle remains. In such a rare case however an SIA of the passenger compartment would be reasonable under the Fourth Amendment. Since Chimel justifies this search officers may search for weapons any evidence of any crime and means of escape. Offense related evidence might be in the vehicle. Even if the arrestee can no longer access the vehicleââ¬â¢s passenger compartment the Court held that an SIA will also be permitted when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle. In many cases, such as arrests for traffic violations or outstanding arrest warrants there will be no reasonable basis to believe that the vehicle contains relevant evidence of the crime. In other cases however such as arrests for possession of controlled substances the basis of the arrest will supply an acceptable rationale for searching the arresteeââ¬â¢s passenger compartment and any containers inside. In a case where the search is justified by the possibility of locating offense related evidence in the vehicle officers are limited to searching only those places in the passenger compartment where the offense related evidence might be located. How to define the reasonable to believe standard? Is it the same as probable cause or is it something less? One must compare the search incident to arrest exception in Gant to another firmly established search warrant exception to find the most likely answer. In U. S. v. Carroll the Supreme Court established the mobile conveyance exception to the Fourth Amendment search warrant requirement. under this exception an officer may search a readily mobile conveyance without a warrant upon probable cause that it contains evidence or contraband. Once this standard is met the officer may search any area of the vehicle to include the trunk compartment if that area may contain the objects of the search. The rule in a Gant search incident to arrest however first requires a lawful custodial arrest of an occupant or recent occupant of a vehicle. A search of the passenger compartment incident to arrest is then justified by a reasonable belief that evidence of the crime of arrest might be in the car. If Gantââ¬â¢s reasonable to believe standard is equal to probable cause then the Court has created an M. C. Escher-like puzzle. An officer who has made a custodial arrest and has a reasonable belief equated to probable cause that evidence of the crime of arrest might be in the car could search only the passenger compartment. An officer who has made no arrest but has probable cause to believe that evidence of any crime is in the car could search the entire vehicle. In other words the officer who meets the higher standard custodial arrest probable cause for particular evidence gets to search less but the officer who meets the lesser standard probable cause for any evidence can search more. At best the Court would have created a new search warrant exception that is instantly swallowed by another that has existed for almost 85 years. The better explanation is that reasonable means. easonable. There is no need to equate reasonable to believe to a percentage or particular level of probability in fact the Supreme Court has stated the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application. Rather as in issues regarding an officerââ¬â¢s use of force the proper application of the reasonableness standard requires careful attention to the facts and circums tances of each particular case and must be judged from the perspective of a reasonable officer on the scene. The ultimate question should be whether another reasonable officer if confronted with the same facts and circumstances could believe that evidence of the arresteeââ¬â¢s crime might be found in the vehicle the arrestee recently occupied. Facts and circumstances leading to such a reasonable belief will include information about the offense and the offender the age of the information the nature of the crime at issue the behavior of the arrestee before during and after the arrest ownership and control of the vehicle and results of questioning arrestees and occupants. The Court did not expound upon why it believed vehicles to be special in this context but Justice Scaliaââ¬â¢s concurrence in Thornton from which the language was taken reminds us that motor vehicles are a category of effects which give rise to a reduced expectation of privacy and heightened law enforcement needs. Therefore it appears as though officers may not justify a search of an arresteeââ¬â¢s non vehicular lunging area based upon a reasonable belief that evidence of his crime might be found therein. Rather they will have to articulate reason to believe that the arrestee could access the area at the time of the search. Other Vehicle Search Exceptions Remain Available If an officer cannot justify a search of a vehicle incident to arrest under Gant or is uncertain whether an SIA is warranted other established exceptions to the search warrant requirement remain available to safeguard evidence and protect the safety of officers. 1) If an officer has a reasonable suspicion that a passenger or recent occupant of a vehicle whether arrested or not is dangerous and may gain access to a weapon he may frisk the passenger compartment for weapons This exception is known as a Terry frisk of the vehicle. (2) If the officer has probable cause that the vehicle contains evidence of criminal activity the officer may conduct a thorough search of any area of the vehicle in which the evidence might be found. This exception is the aforementioned mobile conveyance exception or the Carroll Doctrine. (3) If an officer conducting an arrest reasonably suspects that a dangerous person is hiding in a nearby vehicle he may conduct a protective sweep of the vehicle by looking in places where such a person might be concealed. (4) Consent will always allow an officer to search as long as it is given voluntarily by one with actual or apparent authority to give it and the officer stays within the boundaries of the consent given. 5) Although not permitted for use as a criminal search tool an officer who effects a lawful impound of a vehicle may inventory its contents in accordance with standardized agency policy. If the inventory is performed lawfully any evidence or contraband identified during the process may be seized and used as evidence in a criminal prosecution and may provide justification for another warrant exception. References ^ ââ¬Å"Law professor Tomkovicz writes brief for case in upcomin g Supreme Court termâ⬠. The Press-Citizen. 2008-09-29. http://www. google. com http://en. wikipedia. org/wiki/Arizona_v. _Gant
Subscribe to:
Posts (Atom)