Student Strip Search Term Paper Example | Topics and Well Written Essays - 1750 words

Student Strip Search - Term Paper Example The missing thing according to Justice David H. Souter "was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear. (Barnes)." In a dissenting note, Justice Clarence Thomas wrote that Judges are not qualified to second-guess the best manner for maintaining quiet and order in the school environment (Barnes). He said that the school officials were logical in searching the school girl. The issue in this case was whether a 13-year-old student's Fourth Amendment right was violated when she was subjected to a search of her bra and underpants by school officials acting on reasonable suspicion that she had brought forbidden prescription and over-the-counter drugs to school. It was held that the search did violate the constitution because there were no reasons to suspect the drugs presented a danger or were concealed in her underwear. The official who ordered the search was also granted immunity from liability because the constitutional position of the Fourth Amendment was not clear at the time of the search. Facts of the case The case began when Marissa, another student was found with prescription-strength ibuprofen and said she received it from Savana. The facts of the case occurred in one October day in 2003 at 13-year-old Savana Redding’s math class at Safford Middle School. The assistant principal of the School, Kerry Wilson, came into the room and asked Savana to go to his office. Wilson then showed Savana four white prescription-strength ibuprofen 400-mg pills, and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation but banned under school rules without advance permission (Safford Unified School Dist. No. 1 v. Redding, 129 S. Ct. 2633 - Supreme Court 2009). He then asked whether Savana knew anything about the pills. She said that she had no idea about it. Then Wilson told Savana that he had received a report that she was giving ibuprofen pills to fellow students. Savana said she didn’t. She also agreed to let Wilson search her belongings. An administrative assistant also came into the office, and together with Wilson they searched Savana's backpack. They did not find any ibuprofen pills. Wilson then asked the administrative assistant to take Savana to the school nurse's office to search her clothes for pills. Helen Romero, the administrative assistant and the nurse, Peggy Schwallier, asked Savana to remove her jacket, socks, and shoes, leaving her in stretch pants and a T-shirt (both without pockets), which she was then asked to remove. Finally, Savana was told to pull her bra out and to the side and shake it, and to pull out the elastic on her underpants, thus exposing her breasts and pelvic area to some degree (Safford Unified School Dist. No. 1 v. Redding, 129 S. Ct. 2633 - Supreme Court 2009). But no pills were found. Savana’s mother argued that strip search is in violation of Sav ana's Fourth Amendment rights. Savana's mother filed suit against Safford Unified School District 1, Wilson, Romero, and Schwallier for conducting strip search. The school officials raised the defence of qualified immunity. The District Court for the district of Arizona granted the motion on the ground that there was no Fourth Amendment violation, and a panel of the Ninth

Middle Eastern Humanities CH. 5 Essay Example | Topics and Well Written Essays - 500 words

Middle Eastern Humanities CH. 5 - Essay Example be used in setting up the environment for the visitors, for instance, in order to maximize the number of banquet tables in the room, they can be set in a corner or fit in the center of the room. In most cases, diagonal placement and arrangement of banquet tables is deemed to be spacious and efficient as opposed to lateral rows. In making a six-course banquet for visitors from the East, Israel and turkey can require proper planning of the events so that the culinary cultures of the visitors are not violated or offended. However, the banquet being offered may not necessarily incorporate all the cultural values of the visitors, a great degree of comfort and confidence in setting up the banquet is necessary (Helstosky 87). At the same time, there has to be a high degree of ethics related to table manners and other culinary involvements. During the event, tea will be served, as well as other warm beverages depending on the state of the weather, if it will be extremely hot, then it will be prudent to serve cold beverages. During the session, snacks like peanuts or sweets will also be offered for those that may wish to have them, as the visitors get to interact and share light moments, the host will have to inform them when to sit on the round tables. In terms of dishes, beef, chicken, vegetables, as well as different varieties of seafood, shall also be offered, while serving, it will be necessary to keep the number of dishes even (Notaker 187). However, the number of guests and their culinary practices, according to their cultures will determine the setting up of dishes during the banquet. Most often, rice is always served in large banquets, it is usually served last or as the second-last dish, this is done with the aim of avoiding the impression that the host was in misery for serving a meal that is different from the main basic food. Before serving dessert, it is important to start with soup, this ensures that any small amount of space in the stomach is filled,

Community law Essay Example | Topics and Well Written Essays - 2750 words

Community law - Essay Example For analyzing how the principle of indirect effect effectively bridges the gap between the vertical and the horizontal direct effects, the requirements for the applicability of the direct and indirect effects have to be considered. Direct effect is of two types, namely Vertical Direct effect or Individual versus the State and the Horizontal Direct effect, wherein the litigation is between Individuals. The concept of direct effect follows from the supremacy of European Law as formulated by the ECJ. This implies that if an EC Law has direct effect then such law grants rights to individuals, which must be upheld by the national courts. For any EC Law to have direct effect, it must satisfy two conditions. First, the relevant EC Law must be part of the recognized legal order, i.e., it must be a treaty article, a regulation or a directive. Secondly, the terms of the relevant EC Law must be such as are appropriate to confer rights on individuals. Directives have vertical Direct effect only if they have clarity, precision, unconditionality in as much as they fulfil the Van Gend criteria, independence in operation and its date of implementation should have been over and the person or body against whom the directive is pleaded must be public body1 or an emanation of the state2. This has created a duty to try to interpret national law consistently with EC Law, whether or not is has Direct effect. This is the underlying principle of the indirect effect, which establishes the supremacy of EC Law.The doctrine of direct effect enables national courts to apply EC Law. Uniformity is preserved through the preliminary reference procedure using which the national courts refer to the European Court of Justice for interpretation of EC Law. The ECJ is the sole authority for interpreting the various treaties of the EC. However, this dual court system is not conducive to a single uniform interpretational application of EC Law. Treaty Articles should be so worded that they have direct effect. They must further fulfil the Van Gend En Loos criterion and should have both the vertical as well as the horizontal direct effect. This criterion states that the EC Treaty should be applicable not only to the member states but to the individuals also. EC Treaty Articles will overrule any provision of the national law, which does not conform to it, irrespective of whether it was passed before or after the passing of the articles. Similarly, regulations of the EC Treaty are capable of having vertical and horizontal direct effect. Direct applicability of these regulations is enabled by Article 249 of the consolidated version of the European Treaties. These have to be enforced by the national courts. As such limitations were imposed on the doctrine of direct effect in order to ensure that national courts did not face difficulty in implementing community law. For the application of the principle of direct effect the conditions discussed above in respect of the directives, articles and regulations of the treaty should be complied with. Whenever these conditions can not be fulfilled and the direct effect in not applicable, the principle of indirect effect will take over and the implementation of EC Law through the national courts is ensured.In the case Marshall v. Southampton Area Health Authority3 (1986) the European Court of Justice ruled that the relevant Directive had direct effect as it satisfied the four requirements of direct effect. It contended that Marshall could rely upon this to proceed legally against the State. It was also held that the Health Authority, which was Marshall's employer, was part and parcel of the State as it performed a public function on behalf of the State. This case is an example of the horizontal direct effect and in this case the health authority was considered to be an emanation of the state. In the case of Foster v. British Gas the Marshall principle was extended and the European Court of Justice ruled that the Directive had direct effect even against the private British Gas. This decision was

Issues and controversies in management project Case Study

Issues and controversies in management project - Case Study Example McDonald's evidences the validity of the stated. Renown for its corporate social responsibility record in its home country, and owing a sizeable percentage of its market share to this, upon expansion into foreign markets, McDonald's exported its CSR principles along (Bronn, 2006). Hence, in the 32 of the countries in which it operates, it has over 200 Ronald McDonald Houses, charity organisation which support underprivileged children (Bronn, 2006). It has also embraced environmentalism and committed itself to green practices, publicly acknowledging its responsibility towards the preservation and conservation of an increasingly fragile environment and ecosystem (Paton, 2007). Operating on the basis of these and other practices designed to underscore its commitment to CSR, McDonald's has successfully entrenched itself in the communities within which it operates. Indeed, a significant part of its market success and ability to penetrate the barriers to foreign market entry are a direct o utcome of the fact that it projects an image of a company which wants to give, not just take, from its community (Paton, 2007). Corporate ethics, albeit strongly related t... rnationalisation, it is imperative that multinationals acquire an understanding of the ethical systems particular to the foreign markets in question and adhere to them. For instance, in some cultures, gender segregation is an inviolable ethical principle, with the implication being that foreign entrants should adhere to this practice. In others, child labour is not viewed as unethical and the employment of children may be interpreted as the extension of assistance to an impoverished family. However, since this last is not viewed as an ethical practice and its implementation as universally unethical, not to mention a violation of international law, multinationals who engage in this practice may irreparably damage their market standing. This means that in designing their ethics guidelines, companies must create a fine balance between international and national ethical systems. McDonald's has managed to achieve this balance. On the one hand, it adheres to universal ethics guidelines whi ch dictate the imperatives of fair wages, non-discriminatory labour practices Royle, 2005) and quality goods from suppliers (Verschoor, 2001). On the other, it respects the cultural ethics of its host environments whereby, for example, it does not employ women in its restaurants, in concession to the segregation precept, although it does in its offices (Heck, 2003). The point here is that upon entry into foreign markets, the company does try to embrace and adhere to local ethical precepts, even as it abides by international ones, so as to facilitate entry and acceptance. Branding Competitive advantage is a critical determinant of successful entry into foreign markets and of surviving the challenges of globalisation and realising its promises. Branding is a managed process to

Literacy essay Example | Topics and Well Written Essays - 500 words

Literacy - Essay Example clearly put the whole justice system into a question; whether the evidence of ‘crime’ is the sole criteria of declaring guilty of the prime suspect and whether the crime should be seen from a wider perspectives? The story revolves around the place of crime where ‘Minnie Foster or Mrs. Wright as she is now called’ is accused of murdering her husband. Peter Hale, along with Sheriff and County Attorney visit the house to get the ‘feel’ of the murder and gather clue that might have led to it. Sheriff’s wife and Mrs. Hale also accompany them as some personal items were needed by the Mrs. Wright, who was in custody. While the men folk wander around the scene of the crime, the women remain in the kitchen and try to interpret the events by observing small things that was out of sync with the general way, women work in the house and kitchen. When they notice a block of the quilt that was very different from the rest and looked ‘as if the distracted thoughts of the woman who had perhaps turned to it to try and quiet herself were communicating themselves to her’ (Glaspell, 1993). Both the women perceive the signs that would have been emotionally disturbing for Mrs. Wright, the accused. Finally, when they find the dead canary in the sewing box, they hide the evidence that would have conclusively implicated Mrs. Wright and in their own way, try to give justice to the woman who might have been forced to commit the crime and knew that she would be denied justice if the men found the ‘evidence’! In the literary analysis of the short story by Elaine Hedges that was published in a leading international journal of Women’s studies in 1986, Hedge’s interpretation of the story became highly relevant because they brought into focus the weakness of the legal system that relies heavily on the machinations of ‘evidences’. It also highlights a very pertinent observation in the investigative techniques that are adopted by the two genders. While men like to

HYBRID MODEL Essay Example | Topics and Well Written Essays - 2000 words

HYBRID MODEL - Essay Example Weibe was referring to institutions and groups like political parties, the press, business organizations and the like that stood between the government and the people and which makes that intimacy between the two not viable. If power is concentrated at the top, the tendency is towards anarchism but if power is allowed to filter down too much to the bottom, anarchy will result (2006). The implication therefore is that democracy is largely a balancing act, one in which the fulcrum of power is located in the middle rather than on any of the opposing sides. As Weibe states, democratic life is institutional life. A correct definition of democracy is vital and sine qua non to the crafting of a blueprint for any model of accountability in public administration upon which forms the skeletal basis of a new administration’s line of governance. In drafting the blueprint of a new hybrid model of public administration, it is important to acknowledge the inescapable existence of institution s that fill the distance between government and the people and the need to strengthen government bureacracies to bridge that distance. As the newly appointed interim president, the basis of my governance will be a model which will incorporate all the points culled from the strongest and effective aspects of the various public administration models which are the Jacksonian Democracy model, the Progressive Reform model, the Reinventing Government model, the New Public Management model, and the New Public service model, which will all bring the desired effects of strengthening the fulcrum of power that lies between and separate the government from the people so as to effectively bring the two together. It is important therefore to discuss the said models to be able to point out and explain the facets which had made these models attractive and successful and adopt them in the new model. The Jacksonian/Machine Politics Model.

Difficult position Essay Example for Free

Difficult position Essay The play the crucible was written by Arthur Miller .The play was based on a hurricane of mass hysteria .The crucible has been adapted from true life events .The play shows the cry of witchery evolve and grow out of hand .Written by Arthur Miller based on personal problems which have effected his life .The McCarthy trials in which he found himself in an very difficult position, but also very similar to those of Massachusetts in Salem in the 17th Century. Miller used this play to show opposition to McCarthyism in which it was seen as Un- American to be a communist. Anti-communism was strongly encouraged .Thousands of Americans were accused and they were aggressively investigated and if you wanted to prevent yourself from paying a heavy fine you had to point the finger at someone else, he described this as Quite crazy. He was really interested by the strong correlation with Communism and the Salem witch hunt . And even went to Salem Massachusetts to research the witch trials. Arthur Miller in the play shows the significance of ones name and the value within it.  Abigail Williams a small girl created madness falsely accusing innocent people to seek revenge .She felt once Elizabeth Proctor, John Proctors wife was dead she will have him all to herself she believes that John Proctor and her havent finished yet, from their previous affair .Accusing John Proctor of Putting knowledge in her heart. Accusing him of destroying her innocence by taking her virginity .So for a time when the church is suppose to be a big part in everybodys life he knows it wont look good on his behalf .She has malicious intentions, initially intending to get Elizabeth killed .It started as dancing in the woods and drinking blood which was a supposed ritual. She had a real plan for everything to go haywire. John Proctors guilt over affair with Abigail makes his position uneasy because he is guilty of the very hypocrisy he scorns in others. It silences his voice to speak out. This adds tension because hes craving to testify against Abigail. But initially doesnt this also adds dramatic irony.  Giles Corey is very fearful and died due to this; a lot of tension was caused by this. Tension is caused by him not confessing or accusing someone else of witchery consequently encountering a slow and painful death. Forced to plead guilty by pressing heavy stones on his chest he died by being crushed under the weight of these many stones .A slow painful death made it aching to read about and curious to find out what was going to happen next. Stage direction enabled us to visualise what was going on, on the stage. As it amplified the scenes and tension was added because the bigger and better the stage direction meant the scene was more detailed.  Act 4 began with the isolation of a jail in Salem the stage direction tells us that Sarah Good and Tituba both in rags tells us they have been ill treated. There in darkness and light only seeps through the bars creating a depressing, sorrowful and gloomy atmosphere. Making the unavoidable more daunting .The iron bars symbolises that they are prisoners locked away from their basic human rights and the world. Dramatic tension is caused by the setting of the scene because their probably yearning to see the outside world. Instant pity is felt for them they have had to suffer the excruciating pain of being locked up for a long period of time. For a crime they did not commit.  Parris is fearful of the situation he finds a dagger outside the door. This adds suspense and tension it left the audience wandering for his future existence. It could have been done simply but it was really dramatic because the audience are clueless about who put it their and why. It could have been done simply. But the dagger in the door made it more dramatic and the scene was dark which made it more spooky it was a clear threat and meant his life was at stake. Abigails unexpected disappearance because of her unachievable goal puts more pressure on Parris. As he is also feeling gradually more isolated in the village. His congregation has also dropped in size .This heightens the tension because if Abigails disappeared without a trace her doings and the doings of the other girls who cried witchcraft will be questioned. Abigail does not want her name to be soiled its so important to her she is seen as a good girl My name is good in the village I will now have my name soiled. So she might have her doubts about everyone finding out the whole thing was a lie so the best thing to do was to runaway. Parris is also worried that he stole all his money  To change Proctors mind to confessing to witchcraft in order to save his life Elizabeth is required. She is heavily pregnant but she agrees but makes no promises Hale asks her to make him confess to witchcraft.