buy custom The Post-AIDS Movement essay

buy custom The Post-AIDS Movement essay The post-AIDS movement has seen major items that are used being kicked out of advertisement due to their negative effects to the contemporary world where we have people that are affected by the AIDS pandemic. The negative effect of sex revolution to people living with AIDS has seen these items that have a relative relationship with sexual acts, but have the relative importance ion the diagnosis of this disease. The advertisement of things that are directly involved with sex can have a negative impact to youth as a thing like condom advertisement on TV will influence them to be engaged in sexual activities. This can enhance sexual activity among the youths and can lead to unprotected sex which definitely will result to contracting the deadly diseases that the advertisement was targeting. Parents have to take action in educating their children about safe sex when they attain the age that is suitable to be educated. Items that have to be used in the treatment or the diagnosis of conditi ons that are with the people are easily advertised due to the fact that they do not directly touch on sex that is widely seen as a taboo. Due to the fact that prostitution in some instances is viewed to be against the morals of the society, it can also be viewed as an occupation like any other as there is provision of employment to those involved in the act. Thus, the issue of prostitution should not be taken lightly as to a much extent; it is a contributor to the economy thus enhancement of money circulation and also the payment of taxes to the government. Money that is generated from this profession finds its way to the economy through purchasing of other consumer goods. Due to the high percentage of abuse to the profession by the members of the population, the government should provide adequate laws that safeguard the rights of the prostitutes. Thus indulgence to prstitution one has to overcome the many cases that are associated with the profession. The prostitutes need to be provided with benefits of both health and retirement as their occupation was positively contributing to the economy. There should also be enhancements of programs that educate these prostitutes of the importance of practicing safe sex with their clients to avert the dangers that are involved with the unprotected sex. The power of knowledge lies primarily through gathering of information from the various types of media in the world. The dissemination of information to the general public helps them to acquire certain information that brings a lot of benefit to their lives. The spread of malady can be minimized when information that concerns its spread is relayed to the population as they become aware of the means and ways to which the epidemic is spreading and thus they are equipped with the mechanisms of curbing it. The dissemination of information to the population particularly through TV has helped in wiping of ignorance and arrogance that thrive within peoples minds. Media plays an important role in the diagnosis of information to the population at the right time thus enhancing their preparedness of any occurrence of an epidemic. They have the power and the courage that is required to face the epidemic as the information reaches to them within the shortest time. The information acts as a guide in the management of the epidemics and this provide an avenue for preventing further spread of the epidemic. The information thus provide an avenue for the populations decisions making using information at hand and the action taken which usually results to the minimization of the spread. Legalization of prostitution can play a major role in contributing to the economy as this practice is medieval, and the direct contribution to the economy is minimal with criminal acts that are associated with the illegal prostitution. Legalizing of prostitution prevents the underground prostitution which has the effects of forced prostitution and the introduction of the minors to the profession. The act of prostitution will therefore be effectively managed instead of it being ignored as the case of it being illegal. The crime figures that are always organized will not be able to treat their workers as subhuman and they will be unable to control women as this will give the prostitutes the equal right as the ordinary women have been accorded. Prostitution is a personal choice and will be open under the philosophy of free and dynamic society. The minors will not be forced to prostitution as the occupation will be highly organized thus enabling the law enforcers to monitor its activiti es and it will be easier for them to detect any minors involvement in the profession. The reality shows can be used to play an important role to the fight against the HIV pandemic and the sex revolution of the post-AIDS movements that has been seen to be rising. The pops that are hosted relatively points out to areas that can have significant impacts to this fight against HIV as they can improve in the fight if they are applied, even though some would not be having an impact for some time. The population is made aware of the possibilities of methods that can be applied to the fight and thus forming a culture that is aware of the effects of HIV, and joining hand in hand to fight the pandemic. Their arguments concerning the fight do contribute to the fight as they bring out points that are necessary in enhancing the fight. The pops in the reality shows usually provide powerful messages to the population through the shows which in reality have a great impact to the fight and also equip the masses with the necessary information that enhance their fight if they are effecti vely applied. Buy custom The Post-AIDS Movement essay

Lies essays

Lies essays James W. Loewen is an educator who went to college at Carleton University and furthered his education receiving his PhD in sociology at Harvard University. He began his teaching career at Tougaloo University in Mississippi, but would move on to the University of Vermont to teach sociology for twenty years. He has written numerous books studying the way Americans remember their past. Prior to writing Lies My Teacher Told Me, he prepared for the book by studying twelve principal U.S. History textbooks at the Smithsonian Institution for two years. He found the textbooks to be extremely plain, highly nationalistic and misleading. Loewen feels more voices and opinions need to be heard in our history textbooks. He feels besides the authors take on a historical event/period others should be heard. The teacher should give their interpretation, original documents involving the periodevent should be consulted, other experts opinions should be included and other voices be heard via the i nternet. Loewen believes, as he says at the end of the book, that fewer topics need to be taught and examined more thoroughly in elementary and high school. He feels the Civil War, the U.S. Constitution, and the Reconstruction period are very important historical topics that should be covered, but overall Loewen believes teachers should cover between 30-100 topics a year that excite them and that they feel students should know. Overall, Loewen considers all American historical topics/events important as long as they are taught in a realistic manner not idealistic, so students have a better understanding of their history for college and life. James Loewens Lies My Teacher Told Me discusses American History and the inaccuracies being taught to children in Americas schools. He declares that American students know less about their own history than any other sub ...

Education Platform and Learning Theory Assignment

Education Platform and Learning Theory - Assignment Example Often memory is fallible and hugely unreliable upon first encounter with information and the importance of continuous and repeated study and practice to enhance memory of content can never be over emphasized. This makes exercise a principle of learning, core in daily undertakings with students. In his book, Thorndike mentions the principle of exercise and states that, that which is often repeated and revised is remembered best and I strongly agree. Primacy also, as a law of learning insists that the state of being first creates a strong impression in that the first experience a learner has with a particular subject matter often sticks and has therefore to be positive and form basis of what is to follow. For example, unlearning and retracting a wrong first impression can be difficult and confusing to the students and may even put the teacher’s mastery of subject to question; a situation that must be avoided (Thorndike and Gates, 1929). ... Greater freedom on the other hand means greater advancement and often stimulates personal responsibility. An Ideal Educator As stated in Guthrie’s Encyclopedia of Education, an ideal educator, above all else, must have adequate, if not thorough, knowledge and command of content, subject and curriculum of study. This also involves diverse knowledge on related subjects and any questions that may arise from the students, relevant or not, should be handled with relative ease and competence. An ideal educator must be one who loves to read and remain ever abreast with the subject; constantly updating themselves (Guthrie, 2003). He/ she ought also to be patient as students have different abilities and the slow ones may have as much or even more desire to learn as the skilled. An ideal educator should have integrity and be a good role model for the students. This ranges from good, decent, and neat dressing to strong rapport with students and fellow educators, good tone, friendly and a n appropriate sense of humor. They should be fair and not appearing to favor anyone, engaging, interactive, listening and able to drive the students toward more creative and critical thinking. Good oral and writing skill together with self confidence as such from facial expressions and a positive attitude are critical too and are a major plus (Guthrie, 2003). Ideal Education Work Environment A suitable educational environment would be one that makes me, fellow employees as well as students feel good about coming to work and study and at ease and peace with the students, teachers and auxiliary staff across the board. This promotes a sense of community

Carbon Tax Essay Example | Topics and Well Written Essays - 500 words

Carbon Tax - Essay Example That is to say firms have decided to go green in the sense that they have had to make some changes in their industries to avoid the heavy tax imposed on them due to the carbon dioxide emissions (Yamin, 2005, p.244) Firstly, the firms have decided to switch to the use of windmills and solar panels for the generation of electricity, which are energy saving equipment and facilities and are less polluting sources of energy. Also, due to the introduction of the carbon tax, firms have decided to dispose of hydroflouralcarbon (HFC) refrigerators that are well known to produce more greenhouse gases than any other fridge. They have decided to replace them with natural refrigeration systems that are commercially available. In addition, due to these taxes, extremely expensive firms have decided to give their employees at least one day in a week to reduce carbon emissions from cars; hence, reducing global warming (Piersall, 2007, p.65) Firms have also made a decision of moving to a paperless technology, which requires keeping electronic records and this makes work easier, and it is perfect for the forests. The firms have also resorted to planting of trees around their companies, which will help suck in the Carbon dioxide, in the air. There is the introduction of virtual meeting in most firms and these is done through online conferencing that is free and easy to use, it saves on time and reduces the use of cars to arrive at the meeting. Also, most firms are now using the electronic mails instead of the traditional mail by posters and this has also reduced the use of papers; hence, being friendly to the environment (Piersall, 2007, p.65). Carbon tax will make the Australian companies find difficulty in competing with other nations in the region. It means the companies are locked in because they do have the option of taking their business offshore. There will also be a significant impact on small and medium

Martha Stewart Lost Reputation Essay Example for Free

Martha Stewart Lost Reputation Essay Martha Stewart places her name on her products. She becomes the face of her company and the voice of her brand. When her personal misconduct occurred, she made her company vulnerable and risky as well. This case study examines how Martha Stewart managed her corporate communication when her public image and reputation were tarnished on trial for alleged insider trading scandal. The trial not only led her to prison but also hurt her brand equity. The study shows that Stewart’s early response to her crisis demonstrated lack of situation awareness. In the beginning of her investigation, she kept her public persona intact, ignoring or downplaying her role in it. As a result, what Stewart called â€Å"a small personal matter† later became a full -blown crisis. If she had managed her communication in a more timely manner, the magnitude of her crisis might have been minimized. This article also provides detailed insights for organizations to learn from her crisis response strategies. Keywords: Organizational crisis, Crisis communication, Image restoration 1. Introduction The personalities of strong business leaders can help shape and enhance their corporate image. In some cases, the leaders become the virtual icon of the corporate brand, lendi ng their personal prestige to the brand and personifying the company. They can also threaten the company when they are involved in a scandal. In this situation, the consequences for the company can be critical as in the Martha Stewart’s insider trading crisis in the United States. The crisis management scholar, Roux-Dufort (2000) points out that corporate crises as â€Å"a privileged moment during which to understand things differently† (p. 26). As such, there is a growing body of literature on organizational learning in the wake of corporate crisis (Mitroff, 2002; Shrivastava, 1998). The Stewart case, in particular, drew the attention of media for years. The crisis of Martha Stewart’s insider trading raised the issue about the Martha Stewart’s multiplatform franchise; that is, the media world and homemaking business are intricately interwoven with her persona. Stewart’s empire has an impressive business synergy as shown by her TV programs that promote her magazines, her website which sells her products, and her p roducts which are a link to her TV programs. She is the face, voice and personality behind the brand and, thus, the two – Stewart and the brand – are inseparable. After Stewart’s personal misconduct, the interlocking nature of her business proved to be vulnerable and risky. Moreover, Stewart’s crisis had both legal and public relations components (Jerome, Moffitt, Knudsen, 2007). Allegations of insider trading against Martha Stewart led to her imprisonment. Her strategic plan in response to the insider trading accusations and the media attention su rrounding this crisis left Stewart trying to take action to restore her image. In a sense, it is important to understand how Stewart herself and her company managed their corporate communication when her public image and reputation were tarnished under the investigation of the insider trading scandal. This article explores how the high profile iconic Martha Stewart responded when confronted with an organizational crisis that threatened existence. It also provides detailed insights for organizations to learn from her crisis response strategies. 2. Background of Martha Stewart’s Insider Trading Beginning with the 1982 publication of her book Entertaining, Martha Stewart made a name for herself as a homemaking diva. In September 1997, Stewart became chairperson, president, and CEO of her new company, Martha Stewart Living Omnimedia. Martha Stewart Living Omnimedia has been listed on the New York Stock Exchange under the ticker symbol MSO since 1999. As the chief of MSO, Stewart used her name and face to make connections with various businesses including a line of housewares, television shows, radio channels, magazines and a series of books on entertaining. On December 27, 2001, Stewart sold 3,928 shares of her ImClone stock worth US$228,000 the day before the U.S. Food and Drug Administration (FDA) rejected approval of Erbitux, ImClone’s anti -cancer drug. By selling ahead of the FDA rejection, Stewart received about US$45,000 more than if she had sold the stocks later. Compared to her wealth, it was certainly an insignificant sum and in fact, during her Larry King Live interview, she said it was â€Å"miniscule, really, about 0.006 percent of my net worth† (Four nier, 2004). Stewart had denied any wrongdoing, insisting she did not receive any advance knowledge from Sam Waksal, the founder and CEO of ImClone about the decision on Erbitux (Pollack, 2002). Instead, her sale of ImClone stock was part of a predetermined plan to sell if shares fell below US$60. Later, Stewart was officially indicted on charges of securities fraud and obstructing justice related to her sale of ImClone stock on March 5, 2004. Judge Cedarbaum dismissed the securities fraud charge against S tewart, saying prosecutors had failed to present enough evidence on the issue (Masters White, 2004). However, obstruction of justice, charges of conspiracy, and making false statements remained. Stewart served a five-month prison sentence between October 8, 2004 and March 4, 2005 for these charges. On August 7, 2006, Martha Stewart reached an agreement with the securities’ regulators over the insider-trading civil charges and agreed to pay US$195,000 to settle a five-year legal battle. 3. Literature Review Crisis events can and do strike organizations of all types. Every kind of organization, from larger organizations to small family owned businesses, have the potential of being a victim of crisis (Seeger, Sellnow, Ulmer, 2003). In many circumstances, crisis immediately raises questions from an organization’s many different publics (Marra, 1998). In this view, for an organization to manage the effects of a crisis it must communicate to both internal and external stakeholders. Ulmer, Sellnow, and Seeger (2007) suggest all crises involve the general communication strategies of reducing uncertainty, responding to the crisis, resolving it, and learning from it. The ability to communicate quickly and effectively is clearly an important component of successfu l crisis management. Effective crisis communication can not only defuse or eliminate crisis, but it can sometimes bring an organization a more positive reputation than before the crisis occurred (Kauffman, 2005). On the other hand, Marra (1998) argues if an organization fails to respond to a crisis in the correct manner, a bad situation can be made worse. Hence, crisis communication strategies can substantially diminish the harm caused by a crisis or magnify the harm if mismanaged. In this study, the stream of crisis response models from communication scholars and public relations professionals (Benoit, 1995; Coombs, 1999, 2007) are utilized as the theoretical framework to interpret the crisis response strategies that Martha Stewart employed in her insider trading crisis. According to Benoit (1995), firms or individuals may take preventative and restorative approaches to image problems. Five strategies (i.e., denial, evasion of responsibility, reduction of the offensiveness of the act , corrective action, and mortification) make up the rhetoric or image repair discourse. Each of these strategies has a set of tactics within them. Denial is the strategy employed when the rhetor simply chooses to deny the actions he is being accused of or shift the blame from the organization to outside individuals or agencies. The second strategy is evasion of responsibility is the strategy that the rhetor can blame circumstances beyond his control. It consists of four possible tactics: provocation, defeasibility, accident and good intentions. Benoit’s third major image restoration strategy, occurs when the rhetor attempts to reduce the degree of offensiveness experienced by the accuser. To this end, Benoit includes six tactics: bolstering, minimization, differentiation, transcendence, attacking the accuser, and compensation. The fourth category of the typology is corrective action, which attempts to correct the situation rather than counterbalance it. The final image restoration strategy, mortification, requires the rhetor to take responsibility for the action and to issue an apology. Benoit and colleagues have applied the model to a variety of different crisis situations. For instance, Benoit and Brinson (1994) analyzed ATT’s defense following an interruption of its long-distance service in New York in September of 1991. Initially, ATT tried to shift blame to low-level workers. As the complete story emerged, however, ATT apologized for the interruption (mortification) and began to bolster its image by stressing its commitment to excellence, the billions of dollars invested in service, and the quality of its employees. Finally, ATT promised corrective action and introduced a comprehensive review of its operations to anticipate and prevent further problems. It also stressed its commitment to providing excellent service and its willingness to spend billions of dollars to do so. Given these corrective action strategies, ATT’s finally restored its image. Benoit (1995) also examined Union Carbide’s response to the Bhopal, India, gas leak that kille d thousands and injured hundreds of thousands. Union Carbide’s primary strategies, bolstering and corrective action, were focused on four specific actions: a relief fund, an orphanage, medical supplies, and medical personnel. Although these strategies were appropriate and timely, Benoit claimed that Union Carbide failed to address the most important question: What were they doing to prevent another tragedy? Coombs (1999, 2007) develops situational crisis communication theory, creating 10 categories of basic organizational crisis communication strategies. These strategies are further grouped into four posture: 1) â€Å"denial posture† including attack the accuser (confronting person claiming a crisis occurred), denial ( asserting no crisis), and scapegoat (shifting the blame to others outside the organization), with an attempt to eliminate the crisis by denying its existence or the organization’s responsibility for the crisis; 2) â€Å"diminishment posture† which takes the forms of excuse (denying intend to do harm or claiming inability to control) and justification (minimizing severity of damage) with the purpose of weakening the link between the crisis and the organization by claiming the crisis is not the organization’s fault; 3) â€Å"rebuilding posture† of compensation (providing money or other gifts to the victims) and apology (taking full responsibility), which strives to restore legitimacy by seeking public approval and forgiveness; and 4) â€Å"bolstering posture† which includes reminder (telling stakeholders about its past good works), ingratiation (praising stakeholders and/or reminds them of past good works) and victimage (reminding stakeholders that the organization is a victim of the crisis, too). Using Coombs’s typology of crisis response strategies, Wilcox and Cameron (2006) examined the case of Intel. In 1993, Intel initially denied there was a problem with its Pentium 586 chip. As the crisis was covered in the mainstream press, Intel used the justification strategy by assuring that the problem was not serious enough to warrant replacing the chips. It minimized the concerns of consumers. In fact, Intel mismanaged the handling of its crisis communication. First, it did not disclose to the public the information about the Pentium flaw when they initially realized there was a problem. Then when the problem finally did come out into the open, they downplayed it instead of helping the users who had purchased the flawed chips. After considerable damage had been done to Intel’s reputation and IBM had suspended orders for the chip, Intel took corrective action to replace the chips. Subsequently, Andy Grove, Intel’s president, issued a full apology. Based on Benoit’s image repair theory and Coombs’s typology of crisis response st rategies, the following research questions are posited: RQ 1. What strategies did Martha Stewart use to manage her insider trading crisis? RQ 2. Were these strategies effective or ineffective? RQ 3. What can we learn from Martha Stewart case? 4. Methodology The case study is employed in this study, as it is effective in illustrating public relations management in real situations (Hendrix, 2004). According to Yin (1994), the six sources of evidence that are typically associated with the case study include documents, archival records, interviews, direct observation, participant -observation, and physical artifacts. In this study, texts documenting Stewart’s discourse in response to incidents that threatened her image were collected from multiple sources. Specifically, this study used predominantly two types of data: documents and archival records. It began with gathering data and finding facts related to cases and defining the specific tasks. The actions and communication strategies used by Martha Stewart wer e reviewed with information from her corporate websites, press releases and media coverage. MSO is a publicly traded company. A look at the organizational archival records (e.g., stock prices, sales and annual reports) and official government records (e.g. , court records and commission reports) contributed to understand the impact of corporate scandals have had on the companies’ financial performance and their stakeholders. The media coverage on the Martha Stewart case was found through Lexis Nexis Academi c keyword search of â€Å"Martha Stewart insider trading† in The New York Times and The Washington Post. These newspapers were selected because of their large circulation, prominence and influence on public opinion. For the purpose of the valance of news narration in this study, the period of analysis covered two time frames (during the crisis and post crisis). The first time frame started from the trading day to the verdict, beginning in December, 2001 and running through March, 2004. The second time frame started from the day of sentencing to her release from prison, beginning on July 16, 2004 and running t hrough March 2005. Since the research questions of this study were related to crisis communication strategies, the unit of analysis of this case study was Martha Stewart’s response to stakeholders during and post crisis. Thus, the strategies were apparent through the types of evide nce. 14 By examining corporate communication employed by Martha Stewart during the crisis and post -crisis period, the procedures for analysis involved three steps. First, after the data were collected from multiple sources, a detailed timeline of relevant events leading up to the crisis itself, and the post-crisis process was created. For example, the chronological order of the Martha Stewart case was constructed in the following manner: 1) the investigation (January, 2002 June, 2003); 2) indictment (June – December, 2003); 3) verdict (January May, 2004); 4) sentencing (June – July, 2004); 5) in prison (October, 2004); and 6) release from prison (March, 2005). Second, after the chronological order of actual events was refined, a narrative description and process analysis of each event was thus constructed. A worksheet served as an organizing tool for evaluating each event. All data collected were analyzed using the typology of crisis response strategy. Finally, a thick descript ion and analysis of the findings of each research question was conducted. 5. Analysis of Martha Stewart’s Crisis Response Strategies 5. 1 Investigation The story about Martha Stewart’s ImClone stock sale was broken to the public in the Wall Street Journal on June 7, 2002 (Adams Anand, 2002). In the article, her lawyer, John Savarese, indicated that Stewart had set the price at US$60 for selling the stock but in fact, as of June 7, 2002, the stock price of ImClone sank to a low US$8.45 a share. Using the strategy of differentiation, Savarese further was trying to put distance between Stewart and Sam Waksal. There is absolutely no evidence whatsoever that she spoke to Sam, or had any information from anybody from ImClone during that week †¦ I am absolutely sure that there was no communication of any kind between her and Sam, no passing of any information from him to her. (Adams Anand, 2002, p. B2) On June 12, 2002, Waksal was arrested for insider trading and soon after, the stock price of MSO plunged 12 percent, closing at US$15. From June 6, 2002, when congressional investigators started looking into Stewart’s sale of ImClone shares, the stock price of MSO had dropped 22 percent. Stewart immediately denied any insider trading or wrongdoing and, in a public statement, she said she knew nothing about the pending FDA announcement. She claimed that when the share price dropped below US$60 – the level at which she had agreed with her broker – she returned a call from her broker and sold the s hares on December 27, 2001. She acknowledged that after the trade, she immediately called Waksal but could not reach him, and he did not call her back. The message she left read: â€Å"Martha Stewart called. Something is going on with ImClone and she wants to know what† (Hays, 2002a, p. C1). She proclaimed her innocence in her statement: â€Å"In placing my trade, I had no improper information. My transaction was entirely lawful† (White, 2002, p. E1). However, the congressional investigator questioned Stewart’s sale, noting that ImClone dropped below $60 at least once before while Stewart owned it (White, 2002). On June 18, 2002, Stewart tried to resolve concerns about her sale of ImClone shares and hired a new lawyer, James F. Fitzpatrick, who submitted several documents to congressional investigators. This was the first time Stewart used a strategy of corrective action as a response to the inquiries. On June 19, 2002, MSO stock rebounded sharply, climbing from US$2.05, to US$14.4 and then to US$16.45, suggesting that her corrective action was working. However, Ken Johnson, a spokesman for the House Energy and Commerce Committee, said the documents would help answer some questions but â€Å"we still don’t have an answer to the most nagging one: was Ms. Stewart’s pre-existing agreement to sell reached in late November, as she says, or in mid-December as some reports have indicated?† (Hays, 2002b, p. C7). On June 25, 2002, she appeared on CBS’s The Early Show, and when asked by the host, Jane Clayson, about the ImClone shares during a cooking segment, she replied while slicing a cabbage with a big knife. I’m involved in an investigation that has very serious implications. I have nothing to say on the matter. I’m really not at liberty to say. And as I said, I think this will be resolved in the very near future and I will be exonerated of any ridiculousness. And I just want to focus on my salad because that is why we’re here. (Clayson, 2002) Apparently, Stewart had no idea how to handle the situation and was unwilling to respond to the questions. She continued to dodge public inquiries and ignored the increasing outcry for answers about her role in the insider trading scandal.

Jury Nullification :: Jury Jurors Court Justice System Essays

Jury Nullification Jury nullification means that a jury finds a defendant innocent because the law itself is unjust, or is unjust in a particular application, and so should not be applied. So really what this means is that no mater what the law says the jury will pretty much have the right to choose weather the person is going to be guilty or innocent and that is kind of ok in some cases but then again its not in others so we should not expect our juries to judge our laws only the case that person is being tried in and they should only judge that person on all of the facts given. Amendment VI This is the sixth amendment and this tells you about what juries can do in cases of law. â€Å"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.† What all of this means is that everyone that gets convicted of a crime gets all of the same benefits weather its a misdemeanor, felony, or capital crime. Everyone get the rights to a speedy trial and an impartial jury. Some of the people in the world always ask themselves this question when in the court room â€Å" WHY DID OUR FOUNDING FATHERS EXPECT CITIZEN JURIES TO JUDGE OUR LAWS AS WELL AS THE GUILT OF THE INDIVIDUAL ?† Well the answer is really simple its Because: "If a juror accepts as the law that which the judge states then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty." (1788) (2 Elliots Debates, 94, Bancroft, History of the Constitution, 267) "Jury nullification of law", as it is sometimes called, is a traditional American right defended by the Founding Fathers. Those Patriots intended the jury serve as one of the tests a law must pass before it assumes enough popular authority to be enforced. Thus the Constitution provides five separate tribunals with veto power -- representatives, senate, executive, judges and jury -- that each enactment of law must pass be fore it gains the authority to punish those who choose to violate it.

Employee Rights and Property Searches Essay

Mopak Corporation performed a search for drugs and guns on the employees and contract workers vehicles with the assistance of a private security company and drug detection dogs. In the search, guns were found, but not drugs, in several vehicles. At the completion of the search, five employees along with ten contract workers whose vehicles where the weapons were found were terminated, due to the corporation’s belief that the employees violated the company policy. The terminated workers immediately sued Mopak for wrongful termination. Though mostly in the United States employees are â€Å"at-will† employees, the arguments for wrongful termination the employees from Mopak can make in their suit is that Mopak performed an unreasonable search of their vehicles, violating their expectation of privacy. The search was made without a warrant and violated their Fourth Amendment Rights. (Lawyer. com, 2013) The contract workers are bound by contracts that may have an at-will clause in it, in which case they, like the regular employees, can be terminated at-will. Even though when there is a contract, written or oral, it’s based on a promise of job security, but with an at-will clause, contract workers may either leave a contract job or be terminated from a contract job at-will. †Employers often, and legitimately, ask employees to sign contracts or agreements that document and enforce the terms of at will employment, usually in company policy manuals. † (Lawyersandsettlements. com, 2013, para. ) The arguments that Mopak Corporation will make in response to the wrongful termination suit are that in the employees’ policy manual, handbooks or contracts reflect that the employee and/or contract workers must agree to random vehicle searches, random drug testing, and an at will clause for employment; that when signed by the employees and/or contract workers, it becomes binding, implied, or implied-in-fact contracts. In the 1988 decision of landmark case Foley vs. Interactive Data Corp. it brought to light that employees enter into implied-in-fact contracts with the acceptance of great merit reviews, promotions, raises, and with verbal assurances of job security. I believe the Mopak Corporation would win. I do not believe that a corporation with so much to lose would perform an illegal search of employee’s vehicles. They must have in the company’s policy manual that such an act would be permissible once the employees and contract workers sign that they have rea d and agreed to the terms and condition of the policy and/or contracts.