Crisis Management unit 2 Complete Case Study Example | Topics and Well Written Essays - 750 words

Crisis Management unit 2 Complete - Case Study Example BP also lacked proper mechanism in terms of the procedure and interpretation of the results for the negative pressure tests and hence even when they detected the pressure on the drill pipes, they assumed it was false negative and the presence of pressure indicated there was a leak and the seal had not been well secured. This eventually fueled the fire which led to casualties and the spill of crude oil in the Gulf of Mexico and ultimate loss to the BP Company, the Cameron International, Transocean and the government (Crandall, Parnell and Spillan, 2009). The latest news about the BP explosion is that The BP engineer who was overseeing the safety and all other activities in the oil rig will be the first to be prosecuted and he will be taking the blame for the accident (Thompson and Galofaro, 2013). This is scapegoating as the accident was created by the neglect of several people and not only the engineer. The management should also be charged as being solely responsible as well and not take the engineer as a sacrificial lamb in the accident that not only cause massive damage but deaths as well. The Deepwater Horizon accident was associated more with faulty process safety culture than with cost cutting. BP had used a lot of money in the process and due to fall back in the schedule, had incurred an additional $58 million not budgeted for. This however is not the reason that caused the accident. As explained in the summary above, BP overlooked some of the safety procedures required to seal of the BOP in order to ensure no gas leaks that could easily be ignited and cause a fire. The BOP had earlier on (a few weeks before) been slightly damaged but no action for repair or even mere inspection was carried out once funny and suspicious rubber pieces were found in the oil. They also overlooked the fact that in order to completely seal the BOP, they had to use 21 centralizers. They had only six and instead of waiting for the rest to arrive, they decided to use those six. During the negative pressure test, when they discovered pressure being released, they termed it as a false negative pressure reading and the pressure seeped with the gas through the not completely sealed BOP and it was ignited causing the fire and the complete destruction of BOP which was slightly destroyed hence causing the oil spill. The strategy BP undertook of ignoring the safety precautions and instructions standards set and the management providing instructions that overlooked the danger is what led to the crisis. On realization of the looming crisis whose signs were eminent for all to see, BP would have formed a crisis team to handle the situation but nothing of the sort was done. Since the management had the power, authority and mandate to make final decisions concerning the running of the whole process, their word concerning the crisis was final and their decision carried out. Their neglectful and rush decisions are what majorly contributed to the accident. The first of the steps is to appoint and empower a safety precaution and investigation team which would be mandated to carry out safety checks as regularly as possible. Next would be to work hand in hand with the employees opening up direct communication with them so that in case of any faults in the rig or any other

School Prayer & the US Constitution Essay Example for Free

School Prayer the US Constitution Essay Prelude There was a lot of happening in 1960’s, or so it seems. The lawyers, the clerics, the socialists, the politicians, the religious activists and the common public; they all appeared to have something critical, urgent and spat on their agenda; rather exceedingly controversial and notorious matter; the Prayer in Schools. Court prohibits Prayer in Schools Originally, the Warren Court of the 1960s declared prayer in public schools unconstitutional. By examining St. Louis Post-Dispatch, we can cover the story that Court ruled out Prayer in Schools emphasizing state is faithful to an arrangement of a neutral stance. The Supreme Court held June 17, 1963 wrap up that Bible reading and recitation of the Lord’s Prayer as exercises in public schools is unconstitutional. The decision came on the last day of the courts 1962-63 term. It proclaimed adjournment until October. The vote was 8 to 1, with Justice Tom C. Clark writing the majority opinion and Justice Potter Stewart delivering the balk. Justice William Joseph Brennan Jr. wrote a long agreement in the mainstream outlook as did Justices Arthur J. Goldberg and Justice John Marshall Harlan. The court ruled on two appeals openly concerning attacks on such daily prayer and Bible readings at opening exercises in public schools in Maryland and Pennsylvania. Conversely, the decision had a far- reaching effect on such practices in public schools across the land. The officially permitted inquiry concerned with the cases was whether such school recitals abuse the free exercise clause of the First Amendment to the Constitution, which says, â€Å"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.† Justice Clark declared that both the Maryland and Pennsylvania cases could be disposed of in the equivalent belief because they heaved the similar fundamental pronouncement under vaguely dissimilar realistic circumstances. Clark said in the light of the history of the First Amendment and of the cases inferring and affecting its necessities, jury hold that the practices at issue and the laws requiring them are unconstitutional under the establishment clause, under the Fourteenth Amendment of US Constitution. In an earlier case, the court decided June 25, 1962, that the use in New York public schools of a nondenominational prayer which had been composed by state officials violated the First Amendment. The verdict in the New York case was 6 to 1, with Justice Stewart the lone dissenter. Justice Hugo Black was the author of the majority opinion. Justice Felix Frankfurter was ill at the time and did not participate. He later resigned and was succeeded by Justice Arthur Goldberg. Justice Byron R. White, new on the court, did not participate because he did not hear the arguments that preceded the ruling. Justice Clark wrote in 1963 decision that the place of religion in our society is an exalted one, achieved through a long tradition of reliance on the home, the church and the inviolable citadel of the individual heart and mind. In the relationship between man and religion, the state is firmly committed to a position of neutrality. Though the application of that rule requires interpretation of a delicate sort, the rule itself is clearly and concisely stated in the words of the First Amendment. In his dissent, Justice Stewart declared it was a â€Å"fallacious oversimplification† to observe supplies of the First Amendment as launching a single constitutional standard of â€Å"separation of church and state† which can be useful perfunctorily in every case to outline the requisite limitations between government and religion. He err in the first place if they do not recognize, as a matter of history and a matter of the imperatives of the free society, that religion and government must necessarily cooperate in innumerable customs. Although, the previous court decisions have made clear that there is no constitutional bar to use of government property for religious purposes, he said that previous cour t decisions relating to the public schools systems were inadequate to religious instruction or proselytizing actions of religious sects by chucking the weight of secular authority in the wake of the broadcasting the religious doctrine. He saw no danger to the government or religion in the exercises involved in the Maryland and Pennsylvania cases because they involved only a reading of the Bible single handed by remarks which otherwise constitute instruction. He felt the records of the Maryland and Pennsylvania cases were so essentially scarce as to make impossible an informed or accountable resolve of the constitutional issues offered. He didn’t agree that on the records they can say that the establishment clause has necessarily been violated. He favored sending both the Maryland and Pennsylvania cases back to the lower courts for taking of additional evidence. In the Maryland case, Mrs. Madalyn E. Murray and her 16-year-old son, identifying themselves as atheists, attacked constitutionality of a Baltimore city school board regulation. The regulation called for daily opening exercises of Bible reading and recitation of the Lords Prayer. Objecting students are permitted to be excused from the exercises. Maryl ands court of appeals, by a 4-to-3 vote, ruled against objections by the Murrays. The state court said the Constitutions First amendment was not â€Å"intended to stifle all rapport between religion and government.† Counsel for the Murrays argued before the Supreme Court that the Maryland practice breached the figurative wall between church and state. The court was told that the son, William Murray, had been wounded by the practice in that he had lost caste, had been spat on, and was assailed by fellow students of William. In the Pennsylvania case, a three-judge United States district court in Philadelphia unanimously sustained protestations to a state law requiring Bible reading daily at opening exercises of the schools.(Woods) Historical perspective of the US Constitution When the Constitutional Convention initially gathered in Philadelphia in 1787, the spiritual backdrop of the states was diverse. Most states gave authorized gratitude to one recognized spiritual value. For Instance, The state of Virginia, accepted the â€Å"Episcopal Church† as re presentative of the state. Spiritual belief as a central part of colonial life was not in query. Somewhat, sacred matters that occured among states centered on the variations amid states’ conventional values. The political scene also turned off scripts of disunity. The Articles of Confederation had proved insufficient for governing, and the states were aggressive over issues of taxation—namely, which should pay the costs incurred by the Revolutionary War. As the Constitutional Convention assembled, observers supposed the thought of a Constitution, much less a nation, was delicate and quickly fading. Presided by George Washington, this conference of some of the original Founders was observed as a last endeavor for unity. During the Constitutional Convention, states quarreled and self-interest thrived, to the point that no progress was being made. It was then that an aged Ben Franklin stood and said: In the beginning of the contest with Britain, when we were sensible of danger, we had daily prayers in this room for Divine protection. Our prayers, Sir, were heard, and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of a superintending providence in our favor  ¼ and have we no w forgotten this powerful Friend? Or do we imagine we no longer need His assistance? I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth: ‘that God governs in the affairs of man.’ And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid? I therefore beg leave to move that, henceforth, prayers imploring the assistance of Heaven and its blessings on our deliberations be held in this assembly every morning before we proceed to business â€Å" The 81-year-old Benjamin Franklin was not one of the more religiously-minded Founding Fathers—he actually believed more in the rational views of the French Enlightenment—yet he was willing to acknowledge the importance of prayer to the political aspirations of a nation. Not a prayer bound to a denomination, like the states already had, but prayer that acknowledged God as the Creator and Sustainer, prayer that outmoded the trivial blocs of authoritatively standard foundations. (MacLeod 1) Landmark Cases of Supreme Court ENGEL V. VITALE (1962) The Regents School Prayer What authority, if any, does the government have when it comes religious rituals lik e prayers? Can a government write specific prayers for public school students to recite every day? That used to be the case in many places in America, but that was challenged and ultimately struck down by the Supreme Court. This is one of the most important cases in the history of the Supreme Court’s church/state decisions. The State Board of Regents, which had supervisory power over New York public schools, had become concerned about an apparent decline in the morality of school students and so began a program of â€Å"moral and spiritual training† in the schools. This program included a prayer every morning which the Regents themselves had composed in a nondenominational form. Labeled the â€Å"To whom it may concern† prayer by one commentator, it stated: Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country. A group of 10 parents were joined by the ACLU in a suit against the Board of Education of New Hyde Park, New York because they had adopted that prayer. Amicus curiae briefs were filed by the American Ethical Union, the American Jewish Committee and the Synagogue Council of America. Both the state court and the New York Court of Appeals allowed the prayer to be recited. Arguments were made on April 3rd, 1962. On June 25, 1962, the Supreme Court ruled 7 to 1 that it was unconstitutional for a government agency like a school or government agents like public school employees to require students to recite prayers. In his majority opinion, Justice Black sided substantially with the arguments of the separationists, who quoted heavily from Thomas Jefferson and made extensive use of his â€Å"wall of separation† metaphor. Particular emphasis was placed upon James Madison’s â€Å"Memorial and Remonstrance against Religious Assessments.† According to Black, the governmentally created prayer recitation is much like the English creation of the Book of Common Prayer. It was to avoid exactly this type of relationship between government and organized religion that many early colonists came to America. In his words, the prayer was â€Å"a practice wholly i nconsistent with the Establishment Clause.† Although the Regents argued that there was no compulsion on students to recite the prayer, Black observed that: Neither the fact that the prayer may be denominationally neutral nor the fact that its observances on the part of students are voluntary can serve to free it from the limitations of the Establishment Clause The Establishment clause is violated regardless of whether there is any â€Å"showing of direct government compulsionwhether those laws operate directly to coerce non-observing individuals or not.† As if he anticipated the harsh public reaction, Black attempted to point out that the decision shows great respect for religion, not hostility. It is neither sacrilegious nor anti-religious to say that each separate government in this country should stay out of the business of writing or sanctioning official prayers and leave that purely religious function to the people themselves and to those the people choose to look to for religious guidance. This case was one of the first in a series of cases, many in the 1960s, in which a variety of religious activities sponsored by the government were found to violate the Establishment Clause. This was the first case which effectively prohibited the government from sponsoring or endorsing official prayers in schools, not Abington School District v. Schempp (from the following year) as is commonly thought. People were outraged that official prayers were no longer permitted in schools, although their anger was directed mostly at the cases which were decided in the following years. Representative of most reactions was a statement from evangelist Billy Graham, who still opposes church/state separation even today: â€Å" This is another step toward the secularization of the United States. [] The framers of our Constitution meant we were to have freedom of religion, not freedom from religion†. Engel v. Vitale got the ball rolling on the separation of church and state in the latter half of the 20th century. (Cline, About: Agnosticism / Atheism) ABINGTON SCHOOL DIST. v. SCHEMPP MURRAY v. CURLETT (1963) Since of the embargo of the First Amendment against the acting out by C ongress of any law respecting an establishment of religion, which is made valid to the States by the Fourteenth Amendment, no state law or school board may require that passages from the Bible be read or that the Lords Prayer be recited in the public schools of a State at the beginning of each school day even if individual students may be excused from attending or participating in such exercises upon written request of their parents. Mutually these cases transactc with â€Å"state-approved reading of Bible passages† before classes in public schools. Schempp was conveye to trial by a religious family who had dropped a line to the ACLU. The Schempps defied a Pennsylvania law which declared that: at least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school day. Any child shall be excused from such Bible reading, or attending such Bible reading, upon written request of his parent or guardian. A federal district court banned this. Murray was conveyed to trial by an atheist: Madalyn Murray (later OHair), who was functioning on the part of her sons, William and Garth. Murray defied a Baltimore statute that supplied for the reading, without comment, of a chapter of the Holy Bible and/or of the Lords Prayer before the start of classes. This act was sustained by both a state court and the Maryland Court of Appeals in the Supreme Court. Opinions for both cases were taken notice of on the 27th and 28th of February, 1963. On the 17th of June, 1963, the Court ruled 8-1 against of allowing the re citing of the Bible verses and the Lords Prayer. Justice Clark wrote at length in his majority opinion about the history and significance of religion in America, but his finale was that the Constitution prohibits any concern of religion, that prayer is a form of religion, and that hence state- sponsored or mandated prayer in public schools cannot be permissible. For the foremost moment, an examination was formed to assess Establishment questions ahead of courts: what are the purpose and primary effect of the enactment? If either is the advancement or inhibition of religion then the enactment exceeds the scope of legislative power as circumscribed by the Constitution. That is to say that to withstand the structures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion. [emphasis added] Justice Brennan wrote in a concurring opinion that, while legislators argued that they had a secular purpose with their law, their goals could have been achieved with readings from secular document. The law, however, only specified the use of religious literature and prayer. That the Bible readings were to be made without comment demonstrated even further that the legislators knew that they were dealing with specifically religious literature and wanted to avoid sectarian interpre tations. A violation of the Free Exercise Clause was also created by the coercive effect of the readings. That this might demand only minor encroachments on the First Amendment, as argued by others, was unrelated. The proportional study of religious conviction in public schools is not forbidden but those religious adherences were not crafted with such visions in mentality. ABINGTON SCHOOL DIST. v. SCHEMPP was fundamentally a replicate of the Courts earlier Court Decision in Engel v. Vitale, in which the Court acknowledged constitutional violations and struck the legislation. As with Engel, the Court held that the voluntary nature of religious exercises (even allowing parents to exempt their children) did not avert the statutes from violating the Establishment Clause. There was, of course, an intensely negative public reaction. In May 1964, there were more than 145 proposed constitional amendments in the House of Representatives which would permit school prayer and effectively reverse both decisions. Representative L. Mendell Rivers accused the Court of legislating they never adjudicate with one eye on the Kremlin and the other on the NAACP. Cardinal Spellman claimed that the decision struck at the very heart of the Godly tradition in which Americas children have for so long been raised. Although people frequently argue that Murray, who later instituted the American Atheists, was the women who got prayer put the boot of public schools and, it should be apparent that even had she never survived, the Schempp case still would have approached to the Supreme Court in some moment in time . (Cline, About: Agnosticism / Atheism) LEMON v. KURTZMAN (1971) There are a lot of people in America who would like to see the government provide funding to private, religious schools. Critics argue that this would violate the separation of church and state and sometimes the courts agree with this position. This was actually three separate cases: Lemon v. Kurtzman, Earley v. DiCenso, and Robinson v. DiCenso. These cases from Pennsylvania and Rhode Island were joined together because they all involved public assistance to private schools, some of which were religious. The final decision has become known by the first case in the list: Lemon v. Kurtzman. Pennsylvania’s law provided for paying the salaries of teachers in parochial schools and assisting the purchasing of textbooks or other teaching supplies, as required by Pennsylvania’s Non-Public Elementary and Secondary Education Act of 1968. In Rhode Island, the 15% of the salaries of private school teachers was paid by the government as mandated by the Rhode Island Salary Supplement Act of 1969. In both cases the teachers were teaching secular, not religious, subjects. Arguments were made on March 3rd, 1971. On June 28th, 1971, the Supreme Court unanimously found that direct government assistance to religious schools was unconstitutional. In the majority opinion written by Chief Justice Burger, the Court created what has become known as the â€Å"Lemon Test† for deciding if a law is in violation of the Establishment Clause. Accepting the secular purpose attached to both statutes by the legislature, the Court did not pass on the secular effect test, inasmuch as excessive entanglement was found. This entanglement arose because the legislature has not, and could not, provide state aid on the basis of a mere assumption that secular teachers under religious discipline can avoid conflicts. The State must be certain, given the Religion Clauses, that subsidized teachers do not inculcate religion. Because the schools concerned were religious schools, because they were under the control of the church hierarchy, and because the primary purpose of the schools was the propagation of the faith, a comprehensive, discriminating, and continuing state surveillance will inevitably be required to ensure that these restrictions [on religious utilization of aid] are obeyed and the First Amendment otherwise respected. This sort of relationship could lead to any number of political problems in areas in which a large numbers of students attend religious schools — just the sort of situation that the First Amendment was designed to prevent. Chief Justice Burger further wrote: Every analysis in this area must begin with consideration of the cumulative criteria developed by the Court over many years. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances or inhibits religion; finally, the statute must not foster and excessive government Entanglement with religion. The â€Å"excessive entanglement† criteria was a new addition to the other two, which had already been created in the Abington Township School District v. Schempp. The two statutes in question were held to be in violation of this third criteria. This decision is especially significant because it created the aforementioned Lemon Test for evaluating laws relating to the relationship between church and state. It is a benchmark for all later decisions regarding religious liberty some people love it, some hate it. (Cline, About: Agnosticism / Atheism) Court Tests Applied to Legislation Affecting Religion The Lemon Test Founded on the 1971 case of Lemon v. Kurtzman, the Court will regulate a practice unconstitutional if: 1) It lacks any secular purpose. That is, if the practice lacks any non-religious purpose. 2) The practice either promotes or inhibits religion. 3) Or the practice excessively (in the Courts opinion) involves government with a religion. The Coercion Test Based on the 1992 case of Lee v. Weisman, the religious practice is examined to see to what extent, if any, pressure is applied to force or coerce individuals to participate. The Court has defined that Unconstitutional coercion occurs when: (1) the government directs (2) a formal religious exercise (3) in such a way as to oblige the participation of objectors. The Endorsement Test Finally, drawing from the 1989 case of Allegheny County v. ACLU, the practice is examined to see if it unconstitutionally endorses religion by conveying a message that religion is favored, preferred, or promoted over other beliefs. The Establishment Clause and the Lemon Tests Based on its 1971 decision in the case of Lemon v. Kurtzman, the Supreme Court came up with the three tests of any religion-related law. The Lemon test is still used by the Court today to determine whether or not the law meets constitutional muster. In order for any law to satisfy the First Amendment, it: 1) Must have some secular, or non-religious legal purpose; 2) must neither promote or inhibit the practice of religion; and 3) must not must not foster an excessive government entanglement with religion. In its Lemon decision, the Supreme Court concludes, [i]f a statute violates any of these three principles, it must be struck down under the Establishment Clause. Lemon Test v. The Ten Commandments When viewed against the Lemon tests, the first four of the Ten Commandments would fail because they have no secular, or non-religious legal purpose. Instead, they concern only specific religious duties expected of believers. 1. Thou shalt have no other gods before me. 2. Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the wa ter under the earth. Thou shalt not bow down thyself to them, nor serve them. 3. Thou shalt not take the name of the LORD thy God in vain. 4. Remember the sabbath day, to keep it holy. However, commandments 5-10, taken by themselves, make no mention of religion at all. Instead, they are all rules of proper conduct by people in society and are thus completely secular in nature. 5. Honour thy father and thy mother. 6. Thou shalt not kill. 7. Thou shalt not commit adultery. 8. Thou shalt not steal. 9. Thou shalt not bear false witness against thy neighbour. 10. Thou shalt not covet thy neighbours house, thou shalt not covet thy neighbours wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbours. But, the Aderholt Amendment did not rule out the first four commandments from contemplation. The 284 U.S. Representatives vote for it. They drew from the expressions of the people who engraved the Constitution. (US Govt. Info, Court Tests) Separation of Church and State Separation of church and state is not even stated i n the U.S. Constitution, since its drafters did not perceive a dichotomy between their religious beliefs and the manuscript that constructed their Republic. However separation of church and state came primarily from two sources, a letter Thomas Jefferson wrote to a group of ministers and from the U.S. Supreme Court case, Everson v. Board of Education. The Danbury Letter. Thomas Jefferson wrote the famous phrase separation of church and state in a letter to the Committee of the Danbury Baptist Association in Connecticut. He was responding to the letter they had written, part of which said: Our Sentiments are uniformly on the side of Religious Liberty—That Religion is at all times and places a Matter between God and Individuals—That no man ought to suffer in Name, person or effects on account of his religious Opinions—That the legitimate Power of civil Government extends no further than to punish the man who works ill to his neighbor. Jefferson’s response to their letter was amicable. He said, Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions [emphasis added], I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. Jefferson’s declaration of a wall of separation between Church and State expressed his opinion that the federal government did not have the auth ority to prescribe even occasional performances of [religious] devotion. He did not question the validity of religious belief, but he constructed his wall to protect religious freedom of conscience from the potential of one federally recognized religion. His fears were well founded. In his Inaugural Address of the previous year, Jefferson had noted that America had banished from our land that religious intolerance under which mankind so long bled and suffered. Clearly, Jefferson decried the federal domination of religious freedom through one established church. In addition, when Jefferson founded the University of Virginia, the Pamphlet of University Regulations included two sections that read: No compulsory attendance on prayers or services. Each denomination to send a clergyman to conduct daily prayers and Sunday service for two weeks. Was this a man who would have sanctioned the complete removal of any form of prayer from the public schools of America? Obviously, Thomas Jefferson’s views on church and state have been grossly distorted. Everson v. Board of Education. The second notable mention of the phrase separation of church and state came in the 1947 U.S. Supreme Court case, Everson v. Board of Education. The plaintiff argued the New Jersey law that reimbursed parents for the cost of bus transportation—to public and religious schools—violated the Establishment Clause of the First Amendment. The Supreme Court said that it did not. In the majority opinion, however, Justice Hugo Black used language to set the stage for damaging rulings in the future. He wrote that the Establishment Clause created a complete separation between the state and religion. Jefferson’s letter was written 10 years after the ratification of the First Amendment, yet Black relied upon his own interpretation of Jefferson’s words, rather than on the text of the First Amendment, to set the Everson precedent for future rulings. Twentieth-Century Cases Twentieth-century courts, based predominately on Jefferson’s l etter and on the precedent Justice Black created in Everson, have argued that the Constitution intended to separate all religious expression from public life. Yet that ignores the textual history and the original intent of James Madison, the author of these religion clauses. It also ignores the broad, historical context. The men who hammered out each section of the Constitution also believed in the importance of daily prayer. The Establishment Clause has often been misinterpreted to mean that any link to religion is establishing religion. One of the causes of this is a simple alteration of the wording in the First Amendment. The clause reads, Congress shall make no law respecting an establishment of religion. It does not read, Congress shall make no law respecting the establishment of religion, as it is often misquoted. If the article is read as the, then it refers to establishment of all religion in general. If the article is an, then it clearly refers to a specific religion or denomination—an interpretation backed up by historical records. Realizing that the amendment uses the word an helps clarify the meaning of the Framers. So, rather than attempting to separate themselves from religious belief and expression, the Framers were trying to keep one denomination from being favored over another. The twentieth-century cases pertinent to the issue of school prayer do not recognize those differences. They have clearly been built upon the framework created by Everson, as summaries of key cases demonstrate: McCollum v. Board of Education (1948). It is a violation of the Establishment Clause for Jewish, Catholic or Protestant religious leaders to lead optional/voluntary religious instruction in public school buildings. Engel v. Vitale (1962). The daily recitation of prayer in public schools is unconstitutional. Abington School District v. Schempp (1963). Daily school-directed reading of the Bible (without comment), and daily recitation of the Lord’s Prayer, violates the Establishment Clause when performed in public schools. Lemon v. Kurtzman (1971). This ruling created the three-part Lemon test for determin ing violations of the Establishment Clause. Stone v. Graham (1980). The Court struck down a state law requiring public schools to post the Ten Commandments (with a notice of secular application). Wallace v. Jaffree (1985). A state law requiring a moment of meditation or voluntary prayer was struck down as an establishment of religion because the intent of the legislature was deemed to be religious rather than secular. By Justice Stevens scripting the mass judgment, the Court decided 6-3 that the Alabama law providing for a moment of silence was unconstitutional. The decision underlined that inspection the Supreme Court apply while assessing the constitutionality of government actions. Pretty than allow the argument that the inclusion of or voluntary prayer was a slight accumulation with a bit realistic implication, the goal of the legislature that approved it was adequate to display the unconstitutionality of prayer. Lee v. Weisman (1992). A private, nongovernmental individual (in this case a rabbi) at a public school graduation cannot offer prayer. Student rights were infringed upon, according to the Court, because the important nature of the event in effect compelled them to attend graduation. That, in effect, compelled students to bow their heads and be respectful during the prayer, which the Court ruled was a constitutional violation. Santa Fe Independent School District v. Jane Doe (2000). The Court struck down a school district’s policy that allowed an elected student chaplain to open football games with a public prayer. Even though high school football games are purely voluntary activities, the Court concluded that the policy establishes an improper majoritarian election on religion, and unquestionably has the purpose and creates the perception of encouraging the delivery of prayer at a series of important school events. Each of those cases paid attention on the Establishment Clause to the damage of the Free Exercise Clause. That has been the trend of the twentieth century. The courts have too quickly forgotten that the Constitution explicitly protects the free exercise of religion. (MacLeod 2-3) â€Å"The earlier cases were more black and white, and the later ones were more grey in terms of the issues: Stink of Unfairness in Later School Prayer Cases† The era of 1980s instigated with a diktat not in favor of the Ten Commandments in public school classrooms, and by 1985 even so much as one minute of silence, for meditation or prayer by students, turned out to be inviolable; even though firm decisions delivered by the supreme court (see Engel v. Vitale. Abington School District v. Schempp, Lemon v. Kurtzman). Engel v. Vitale case was one of the first in its origin in which a range of holy conducts backed by the government were found to defy the Establishment Clause. This was the first case which successfully forbidden the government from sponsoring or endorsing official prayers in schools, not Abington School District v. Schempp which is frequently considered. Public were irritated that official prayers were no longer legalized in schools, although their anger was directed mostly at the cases which were decided in the following years. Delegates of most reactions were a declaration from evangelist Billy Graham, who still refuses to accept church/state separation yet at present. Abington School District v. Schempp case was fundamentally a consequence of the Courts earlier Court Decision in Engel v. Vitale, in which the Court recognized constitutional violations and struck the legislation. As with Engel, the Court held that the voluntary nature of religious exercises. There was, of course, an hugely harmful public behaviour. In May 1964, there were more than 145 proposed constitional amendments in the House of Representatives which would permit sch ool prayer and successfully overturn both verdicts. Lemon v. Kurtzman decision was particularly noteworthy because it created the aforementioned Lemon Test for assessing laws relating to the relationship between church and state. It is a yardstick for all later decisions concerning religion freedom. By the turn of the 21st century the extirpation of faithfulness from government schools had been merged, and the mugging on religion in public life fanned out into society at large. Proclamations were subjected exalting vice and suppressing virtue. The year2004 saw the outrage of despair, elevated to a â€Å"full right† under the Constitution, even as God’s Ten Commandments were driven off public property. In the supreme court of Alabama the Chief Justice dared to resist, and was stripped of his office. The judicial oligarchy forced all these changes in the name of the Constitution. The school cases were precise to the establishment clause of the First Amendment. So far the Amendment has a complimentary implement of religion clause, which the politburo of nine has elected to downplay or minimally ignorant. For instance, the Lee v. Weisman decision failed to reverse the standards established by the Court in Lemon. Instead, this ruling extended the prohibition of school prayer to graduation ceremonies and refused to accept the idea that a student would not be harmed by standing during the prayer without sharing the message contained in the prayer. Similarly, Upon reading Santa Fe, Ingebretsen, and Clear Creek II, it seems, with regard to the Establishment Clause, that panels of our court pay little regard to previous jurisprudence. One might think that a specific holding of a prior opinion is no more than a puff of wind. Santa Fe disregards Clear Creek II today. The next panel can disregard Santa Fe tomorrow. When judges can pick and choose without the constraints imposed by precedent, the public is left stranded, vulnerable to liability, helplessly dependent on the panel it draws. We could fulfill our constitutional and professional duty to the public, vote this case en banc, and be of a single voice. But when our court refuses to rehear en banc cases such as Santa Fe, this unrestrained decision-making goes uncorrected. This failure to act, in turn, allows individual members of our court to continue to engage in an activity that has all the appearance of simply advancing personal philosophy. The Alito Nomination: Chief Justice John Roberts and future Justice Samuel Alito probably mean a more conservative Supreme Court. But it probably doesn’t mean a stream of clear-cut conservative breakthroughs on abortion, affirmative action, school prayer or even flag burning. The future of constitutional rulings on those and other hot button issues will be determined by two words: Anthony Kennedy. That’s an oversimplification of course. But it seems likely that on a number of issues, there will be four conservatives, four liberals and there will be Justice Kennedy. Unlike Roberts and Alito who went to lengths to leave the world guessing about how they will rule, we know a lot about what Anthony Kennedyism means because he has already faced these issues as a justice. It means Roe v. Wade isn’ t overturned, but partial birth abortion is banned and other abortion restrictions are accepted. Affirmative action is more constrained but not ruled unconstitutional. State-sponsored displays of religious symbols are more likely to be tolerated, but the ban on school prayer is not overturned. Burning a U.S. flag to protest, and viewing pornography on the internet continue to be constitutionally protected activities but McCain-Feingold- type regulations on political campaigning are vulnerable to First Amendment challenges. On the first day of the Alito hearings, Sen. Joseph Biden, D.-Del., said that the â€Å"elephant in the room†¿ was the question of whether Alito would cast the decisive votes to reject the direction in which the Supreme Court has been going for the past 70 years. Over the next two and a half days, Alito endorsed some of those precedents (Brown v. the school board, one-person, one-vote, and the Constitutional right of privacy, at least as far as the contraception cases.) Alito also danced artfully around senators’ efforts to commit himself on some other precedents, most especially relating to abortion. This is the current state-of-the-art strategy for confirmation, and it appears to be working well. The intensity of the pro-choicer campaign a gainst Alito leads one to forget that there are still five votes to affirm Roe, and that on many of the issues liberals care about, Kennedy has affirmed the basic Warren Court breakthrough rulings. Depending on the the health of Kennedy and the four liberals, and the outcome of future elections, the stakes simply may not be as high as Biden’s elephant’s eye. (That was an elaborate conflation of the previous reference with a corny lyric from â€Å"Oh What a Beautiful Morning.† Ask your parents.†) If Roberts and Alito turn out to be solid allies of Scalia and Thomas, if the liberals stay together and stay well, and if Kennedy sticks with his established positions, that means: †¢Roe v. Wade is not overturned. Kennedy and the four liberals have already rejected that idea. But the congressional ban partial birth abortion is upheld. Kennedy already voted to uphold it once before. And other restrictions on abortion rights will be accepted. †¢Affirmative action is not ruled unconstitutional at its core. Scalia and Thomas have indicated a willingness to strike it down completely. But Kennedy declined to join those opinions. On the other hand, college s and universities will have an even rougher time figuring out how to construct a constitutional affirmative action program. In 2003, Justice O’Connor joined the four liberals in upholding the University of Michigan Law School’s admissions program, which claimed to have found a way to act affirmatively without explicit quotas or race-based point systems. Kennedy and the conservatives formed a four-member bloc that didn’t buy it. Quite likely, if a similar question makes it to the court, Kennedy will cast the decisive vote. †¢State-sponsored displays of religious symbols, like the 10 commandments, are more likely to be tolerated when Kennedy’s becomes the key swing vote. But the breakthrough Warren-era decision, banning school prayer, will not be overturned. Kennedy has already endorsed that precedent. †¢Kennedy’s free speech jurisprudence has a strong libertarian streak. That has helped liberals construe the burning of a U.S. flag by protesters and viewing pornography on the internet as constitutionally protected activities under the First Amendment. But Kennedy ’s libertarian streak made him leery of McCain-Feingold-type regulations that restrict political advertising in the name of campaign finance reform. The next time those issues roll around, Kennedy may provide the fifth vote necessary to strike down those regulations on First Amendment grounds. ( Black and Tice 1-2) Arguments against and in favor of School Prayer: School Prayer was a chief center of attention of Darrell Scott’s (father of Rachel Scott, a victim of the Columbine High School Shootings in Littleton, Colorado) testimony to the House Judiciary Committee in a exceptional session of the U.S. Congress on Thursday, May 27, 1999. What Darrell Scott said to our national leaders regarding school prayer was utterly factual and enlightening for all of us. The following is a portion of the transcript: â€Å"I wrote a poem just four nights ago that expresses my feelings best. This was written before I knew I would be speaking here today. Your laws ignore our deepest needs, Your words are empty air. Youve stripped away our heritage, Youve outlawed simple prayer. Now gunshots fill our classrooms, And precious children die. You seek for answers everywhere, And ask the question, Why? You regulate restrictive laws, Through legislative creed. And yet you fail to understand, That God is what we need! Men and women are three-part beings. We all consist of body, soul, and spirit. When we refuse to acknowledge a third part of our make-up, we create a void that allows evil, prejudice, and hatred to rush in and wreak havoc. Spiritual influences were present within our educational systems for most of our nations history. Many of our major colleges began as theological seminaries. This is a historical fact. What has happened to us as a nation? We have refused to honor God, and in doing so, we open the doors to hatred and violence. And when something as terrible as Columbines tragedy occurs, politicians immediately look for a scapegoat such as the NRA. They immediately seek to pass more restrictive laws that contribute to the erosion of our personal and private liberties. We do not need more restrictive laws. Eric and Dylan would not have been stopped by metal detectors. No amount of gun laws can stop someone who spends months planning this type of massacre. The real villain lies within our own hearts. Political posturing and restrictive legislation are not the answers. The young people of our nation hold the key. There is a spiritual awakening taking place that will not be squelched! We do not need more religion. We do not need more gaudy television evangelists spewing out verbal religious garbage. We do not need more million dollar church buildings built while people with basic needs are being ignored. We do need a change of heart and a humble acknowledgment that this nation was founded on the principle of simple trust in God! As my son, Craig, lay under that table in the school library and saw his two friends murdered before his very eyes, he did not hesitate to pray in school. I defy any law or politician to deny him that right! I challenge every young person in America, and around the world, to realize that on April 20, 1999, at Columbine High S chool, prayer was brought back to our schools. Do not let the many prayers offered by those students be in vain. Dare to move into the new millennium with a sacred regard for legislation that protects your God-given right to communicate with Him.† (Popular Issues, School Prayer) There is always a state of war between secular humanists and groups like the Christian Coalition are concerning prayer in high schools and the victim is the innocent average high school kid. Each moment in time the argument is reawakened it concludes in a deadlock. The supporters of prayers say it will add to the broadmindedness in schools, as children be taught of diverse religions will convey to surface the special inquiries kids have about God and religion and allow them to investigate for their own conviction. The majority of them believe that prayers will lend a hand overturning the moral degradation of the society. Contrarily, Secularists shapes the public schools exist to educate, not to proselytize. Religion is private, and schools are public, both of the things couldn’t be intermixable. Whilst the sunup members of the clergy supports prayer during the Constitutional Convention and in ordinances governing education, the U.S. Supreme Court has vividly transferred their original premises. Some legal scholars and special interest groups have built upon those precedents, creating other rationalizations for limiting religious expression in America’s public schools. The mainly widespread squabble of such individuals is that the government has a responsibility to be neutral, so that no child is offended by the religious speech of another. This is erroneous because the issue cannot be neutral. Elimination of religious expression for the atheist will offend the child who believes in God. So, the schools must choose. Since 1962, they have sided with the small, nonreligious minority of atheists which, as recent Newsweek poll shows, consists of only 4 percent of the population. By contrast, 94 percent of respondents to that same survey professed a religious faith, and 61 percent said that they agreed with the statement that religion is very important in their lives. If free religious expression in the form of prayers is forbidden, school officials are, at the very least, teaching children that public recognition of God is not as significant as the things the schools can argue. It looks irrational that public schools permits open discussion about sexism but do not permit unwrap conversation regarding God. The courts have elapsed that schools can allocate free religious expressions devoid of implementing any meticulous category of spiritual consideration. Another dilemma is School prayer polarizes citizens around a religious axis. so far the First Amendment was printed to evade the bickers that might effect in the midst of values. Not tolerating prayer has done more to polarize citizens than almost any other issue in American history. Allowing prayer would put decision-making back in the hands of parents and local school boards, where it once rested. Those local boards could position guiding principles that would permit students who object to all prayer or some prayers not to chip in, just as many religious students have opted out of sex education classes at school place. That would obviously revere the rights of the minority, without infringing upon the rig hts of the majority. Local school boards would also be sheltered by the constitutional time/place/manner restrictions that apply equally to religious and nonreligious dialogue. In due course, a reinstatement of liberated expression to local public schools would unite, not polarize, citizens. The Establishment Clause of the First Amendment presents that government shall make no law respecting the establishment of religion. Because public schools are government funded, prayer led by school officials or incorporated into the school routine amounts to government-established religion. Prayer is school is already legal. Students are already allowed to pray on a voluntary basis (in a non-disruptive way) so formal school prayer is unnecessary. School prayer may lead to intolerance. Public prayer will emphasize religious diversity of which students may have been oblivious. Those students who withdraw from school prayer or dissent against it may be detested. School prayer is intrinsically coercive and cannot be implemented in a way that is truthfully intentional. The public school system is created for all students and supported by all taxpayers. It should therefore remain neutral on religious issues over which students and taxpayers will differ. Since no formal school prayer could simultaneously honor and uphold the tenets of the many religions practiced in the U.S., as well as various denominational differences, prayer is better left in the home and religious institution of the individual student’s choice. An associated squabble is that school prayer assumes the function of parents and religious institutions who wish to offer religious instruction in keeping with their possessive viewpoints. (All About History, School Prayers) Ishmael Jaffree alleged after Supreme Court decision (1985): For me, the battle is over. But prayer will go on in the schools. It just wont go on in any of my childrens classes. (NY Times B5:1) Works Cited Edward F. Woods. â€Å"Court Outlaws Prayer in Schools†.(1963) St. Louis Post-Dispatch Laurel MacLeod. â€Å"School Prayer And Religious Liberty: A Constitutional Perspective†. (2000) http://www.cwfa.org/images/content/cwaicon.ico Frohnmayer, John. â€Å"Out of Tune: Listening to the First Amendment. Golden, Colorado† North American Press, (1995). Austin Cline. â€Å"Prayers in Public Schools†. About: Agnosticism / Atheism. http;//usgovtifo.about.com â€Å"Church and State: How the Court Decides†. US Govt. Info/ Resources http;//usgovtifo.about.com â€Å"School Prayer Case Law- Absolute Necessity†. Popular Issues http://www.allaboutpopularissues.org Choper, Jesse H. â€Å"Securing Religious Liberty: Principles for Judicial Interpretation of the Religious Clauses†. University of Chicago Press. (1995). Erick Black and DJ Tice. â€Å"The Big Question: Who was the elephant NOT in the room†? Star Tribune (2006) http://www.startribune.com/blogs/bigquestion/?m=200601 â€Å"Arguments Against School Prayer†. All About History http://www.allabouthistory.org Ishmael Jaffree. â€Å"Quotation of the Day†. The New York Times. B5:1, Published: June 5, 1985.

Free Essays - Ozymandias by Percy Shelley :: Ozymandias Essays

Ozymandias by Percy Shelley Daniel 4:37: "Now I, Nebuchadnezzar, praise and extol and honor the King of heaven, all of whose works are truth, and His ways justice. And those who walk in pride He is able to put down." Shelley tells us about this statue of the great King Ozymandias, and engraved on his pedestal reads: "My name is Ozymandias, King of Kings, Look on my Works, ye Mighty and despair!" We read that passage and immediately think of the arrogance and pride that this man must of had. "Look on my Works, ye Mighty and despair!" Works is capitalized as if it deserved reverence and awe. Shelley also tells us that this great statute has been shattered: "Two vast and trunkless legs of stone stand in the desart. . . . . Near them, on the sand Half sunk a shattered visage lies," So we imagine these pair of legs on a pedestal in the middle of a desert and look to the ground to find the rest of the sculpture shattered into pieces. We read the engraving on the pedestal and look around to see his works so that we can "despair" and we find that "Nothing beside remains. Round the decay Of that colossal Wreck, boundless and bare The lone and level sands stretch far away." I can't help but laugh at the whole situation. Nature has smitten man. Nature won out in the end. Man tried to build a huge empire and then mocked all of natures work and even asks that all "despair" because who could beat his work. Nature has in the end won out and we sit and laugh with nature as Ozymandias's face is in the ground, shattered with a frown half sunken in sand. Nature's arrogance is also evident too though. Nature destroyed man's Work and leaves us the pedestal to read. Nature kept the pedestal as a sign for all of us: "My name is Ozymandias, King of Kings, Look on my Works, ye Mighty and despair." Now replace the name Ozymandias with Nature. "My name is Nature, King of Kings, Look on my Works, ye Mighty and despair." We can replace Ozymandias with Nature because Nature won out in the end. Nothing that Ozymandias accomplished survived. Nature survived and destroyed all that man had done.

The proliferation of weapons of mass destruction

The proliferation of weapons of mass destruction (WMD) has become a metaphor for 21st-century security concerns. Although nuclear weapons have not been used since the end of World War II, their influence on international security affairs is pervasive, and possession of WMD remains an important divide in international politics today (Norris 61).The nuclear postures of the former Cold War rivals have evolved more slowly than the fast-breaking political developments of the decade or so that has elapsed since the former Soviet Union collapsed. Nevertheless, some important changes have already taken place. By mutual consent, the Anti-Ballistic Missile (ABM) Treaty of 1972 was terminated by the United States and Russia, which have agreed to modify their nuclear offensive force posture significantly through a large reduction in the number of deployed delivery systems. Nuclear weapons are no longer at the center of this bilateral relationship.Although the two nations are pursuing divergent d octrines for their residual nuclear weapons posture, neither approach poses a threat to the other. The structure, but not the detailed content, of the future U.S. nuclear posture was expressed in the 2002 Nuclear Posture Review (NPR), which established a significant doctrinal shift from deterrence to a more complex approach to addressing the problem of proliferated WMD.The Russian doctrinal adaptation to the post-Cold War security environment is somewhat more opaque. The government appears to be focused on developing and fielding low-yield weapons that are more suitable for tactical use, though the current building of new missiles and warheads may be associated with new strategic nuclear payloads as well. Despite the diminished post ­Cold War role of nuclear weapons in the United States, the cumulative deterioration of Russia's conventional military force since 1991 has actually made nuclear weapons more central to that government's defense policy.The end of the adversarial relati onship with the Soviet Union (and later, the Russian Federation) had to be taken into account in the NPR. The current nuclear posture is evolving in a manner parallel to the modernization of the U.S. non-nuclear military establishment. In stark contrast to Cold War ­era military planning, the 21st century is likely to be characterized by circumstances in which the adversary is not well known far in advance of a potential confrontation.The U.S. Department of Defense (DOD) is adjusting to these new circumstances by developing highly capable and flexible military forces that can adapt to the characteristics of adversaries as they appear. This makes the traditional path to modernization through investment in weapons systems as the threat emerges economically infeasible. Modern information technology lets the military change the characteristics of its flexible weapons and forces in much less time than it would take to develop whole new weapons systems. Thus, DOD is attempting to create a military information system: the integrated effect of command-control-communications-computation-intelligence-surveillance and reconnaissance (C4ISR). This system is inherently more flexible for adapting to changes in the threat environment.WMD and the means to deliver them are mature technologies, and knowledge of how to create such capabilities is widely distributed. Moreover, the relative cost of these capabilities declined sharply toward the end of the 20th century. Today, the poorest nations on earth (such as North Korea and Pakistan) have found WMD to be the most attractive course available to meet their security needs (Lieggi 2). Proliferation of WMD was stimulated as an unintended consequence of a U.S. failure to invest in technologies such as ballistic missile defense that could have dissuaded nations from investing in such weapons.The United States' preoccupation with deterring the Soviet Union incorporated the erroneous assumption that success in that arena would deter proliferation elsewhere (Barnaby 7). This mistake was compounded by the perverse interaction between defense policy and arms control in the 1990s. Misplaced confidence was lodged in a network of multilateral agreements and practices to prevent proliferation that contributed to obscuring rather than illuminating what was happening. Confidence placed in the inspection provisions of the Nuclear Non-Proliferation Treaty (NPT), for example, obscured efforts to obtain knowledge of clandestine WMD programs. NPT signatories were among those nations with clandestine WMD programs.Without a modernization of defense policy, the ready availability of WMD-related technology will converge with their declining relative cost and a fatally flawed arms control structure to stimulate further proliferation in the 21st century. The process whereby WMD and ballistic missile technology has proliferated among a group of nations that otherwise share no common interests are likely to become the template for 21st-century proliferation.The scope of this problem was recognized in part as a result of a comprehensive review of intelligence data in 1997 ­1998 by the Commission to Assess the Ballistic Missile Threat to the United States (the Rumsfeld Commission). This recognition swiftly evolved into a set of significant policy initiatives that responded to changes in the international security environment. The arms control arrangements most closely identified with the adversarial relationship with the former Soviet Union were passà ©. In 1999 the Senate refused to ratify the Comprehensive Test Ban Treaty; the United States and Russia ended the 1972 ABM Treaty and agreed to jettison the START process, which kept nuclear deployments at Cold War levels in favor of much deeper reductions in offensive forces in 2002.U.S. policy began to evolve in response to these developments. The incompatibility between the Cold War legacy nuclear posture and the 21st-century security environment stimulated a search for approaches to modernize policies pertinent to nuclear weapons. In response to statutory direction, the Bush administration published the Quadrennial Defense Review, the Nuclear Posture Review, the National Defense Strategy of the United States, and the National Strategy to Combat Weapons of Mass Destruction. Taken together, these documents constitute the most profound change in U.S. policy related to nuclear weapons since the Eisenhower administration (Krepon 1).The unique capabilities of nuclear weapons may still be required in some circumstances, but the range of alternatives to them is much greater today. The evolution of technology has created an opportunity to move from a policy that deters through the threat of massive retaliation to one that can reasonably aspire to the more demanding aim–to dissuade.If adversary WMD systems can be held at risk through a combination of precision non-nuclear strike and active defense, nuclear weapons are less necessary (Alb right 2). By developing a military capability that holds a proliferators’ entire WMD posture at risk rather than relying solely on the ability to deter the threat or use of WMD after they have been developed, produced, and deployed, the prospects for reducing the role of WMD in international politics are much improved.The 21st-century proliferation problem creates a set of targets significantly different from those that existed during the Cold War. Few targets can be held at risk only by nuclear weapons, but the ones that are appropriate may require different characteristics and, in many circumstances, different designs than those currently in the nuclear stockpile. The nature of the targets and the scope of the potential threat also alter the character of the underlying scientific, engineering, and industrial infrastructure that supports the nuclear weapons posture.   This research paper will therefore seek to discuss the problem of nuclear devices or WMDs (as they are pre sently termed) and try to address to current policy issues surrounding the matter.RESEARCH OUTLINE:INTRODUCTION:a.)  Ã‚  Ã‚   what is the problem surrounding nuclear threats in the 21st centuryb.)  Ã‚  Ã‚   what are the recent developments surrounding this issuec.)  Ã‚  Ã‚   what solutions have been successful in addressing these problemBODY:a.)  Ã‚  Ã‚   who are nuclear threatsb.)  Ã‚  Ã‚   what has been done to stopc.)  Ã‚  Ã‚   What can be done?d.)  Ã‚  Ã‚   What can the US do? What can the UN do?CONCLUSION:References:Robert Norris and Hans Kristensen, â€Å"Chinese Nuclear Forces, 2006,† Bulletin of the Atomic Scientists, 62. no. 3 (2006): 61.Stephanie Lieggi, Center for Nonproliferation Studies, â€Å"Going Beyond the Stir: the strategic realities of China's No First Use policy,† Nuclear Threat Initiative, http://www.nti.org/e_research/e3_70.html (accessed June 30, 2006).Frank Barnaby and Shaun Barnie, Thinking the Unthinkable: Japanese nuclear power and proliferation in East Asia (Oxford, UK: Oxford Research Group and Citizens' Nuclear Information Center, 2005): 7†³8.George Perkovich, India’s Nuclear Bomb: The Impact on Global Proliferation, (Berkeley: University of California Press, 1999.)Michael Krepon, Rodney W. Jones & Ziad Haider eds., â€Å"Escalation Control & the Nuclear Option in South Asia,† The Henry L. Stimson Center, September 2004, http://www.stimson.org/pub.cfm?id=191, (May 2005).David Albright and Cory Hinderstein, â€Å"Uncovering the Nuclear Black Market: Working Toward Closing Gaps in the International Nonproliferation Regime,† Institute for Science & International Security, July 2004, http://www.isis-online.org/publications/southasia/ nuclear_black_market.html, (May 2005).Text of â€Å"Export Controls on Goods, Technologies, Material, and Equipment Related to Nuclear and Biological Weapons and their Delivery Systems Act, 2004,† Published in Gazette of Pakistan, 27 September 2004, Cited at, http://www.iaea.org/Publications/Documents/ Infcircs/2004/infcirc636.pdf, (May 2005).Michael Krepon and Chris Gagne eds., â€Å"The Stability-Instability Paradox: Nuclear Weapons and Nuclear Brinksmanship in South Asia,† The Henry L. Stimson Center, June 2001, http://www.stimson.org/pubs.cfm?ID=1, (May 2005).Feroz Hassan Khan, â€Å"The Independence-Dependence Paradox: Stability Dilemmas in South Asia,† Arms Control Association, October 2003, http://www.armscontrol.org/act/2003_10/Khan_10.asp, (May 2005).Ashley J. Tellis, India’s Emerging Nuclear Posture: Between Recessed Deterrent and Ready Arsenal, (Santa Monica: Rand, 2001.)

Miranda V. Arizona

Court Brief Miranda v. Arizona Citation: Miranda? v. State of Arizona; Westover v. United States; Vignera v. State of New York; State of California v. Stewart, Supreme Court of the United States, 1966. Issue: Whether the government is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants. Relief Sought: Miranda was violated the 5th Amendments right to remain silent and his 6th Amendment right to legal counsel.Arizona ignored both the Escobedo rule that states all evidence obtained from an illegally obtained confession is inadmissible in court and the? Gideon? rule that states that all felony defendants have the right to an attorney while prosecuting Miranda. His confession was illegally obtained and should be thrown out. His conviction was false, and he deserved a new trial. Facts: In March 1963 Ernesto Miranda, 23, was arrested in his home, taken to the police station for being accu sed in a sexual assult case.Once identified by the victim he was taken into an interrogation room where he was to give his confession but Miranda was not told of his rights to counsel prior to questioning. He did though, sign a typed disclaimer that stated he had â€Å"full knowledge of my legal rights, understanding any statement I make may be used against me,† and that he had knowingly waived those rights. Two weeks later at a preliminary hearing, Miranda again was denied counsel. At his trial he did have a lawyer, whose objections to the use of Miranda's signed confession as evidence were overruled.Finding (Holding) of the Court: ? This case held that government authorities need to inform individuals of their Fifth Amendment constitutional rights prior to an interrogation following an arrest. Reasoning: The Court held that prosecutors could not use statements from secure interrogation of defendants unless they demonstrated the use of routine defenses. The Court noted that â€Å"the modern practice of in-custody interrogation is psychologically rather than physically oriented† and that â€Å"the blood of the accused is not the only hallmark of an unconstitutional inquisition. The Court specifically outlined the importance of police warnings to suspects, including warnings of the right to remain silent and the right to have an attorney present during interrogations. Dissenting Opinions: Justice Tom Clark argued that the Due Process Clauses of the Fifth and Fourteenth Amendments of the Constitution would apply to interrogations. There is not enough evidence to demonstrate a need to apply a new rule as the majority finds here. The second dissent written by Justice John Harlan also argues that the Due Process Clauses should apply. J.Harlan further argues that the Fifth Amendment rule against self-incrimination was never intended to forbid any and all pressures against self-incrimination. Justice Byron White argued that there is no historical suppo rt for broadening the Fifth Amendment of the Constitution to include the rights that the majority extends in their decision. The majority is making new law with their holding. Legal Terms: self- incrimination-the? act? of? incriminating? oneself? or? exposing? oneself? to? prosecution, especially? by? giving? evidence? or? testimony Interrogation- to? ask? questions? of? (a? erson),? sometimes? to? seek? answersor? information? that? the? person? questioned? considers? personalor? secret. Implications: Miranda v. Arizona established the importance of informing defendants of their legal rights before they are arrested in order to ensure due process.? The? Miranda vs. Arizona? case was significant because it established that many Americans did/do not know their rights granted to them by the Bill of Rights, especially those pertaining to police investigation and trial, and that when arrested people have the right to be informed of these very significant rights.?The Court decided a conf ession is? involuntary? unless the person is clearly informed of his or her right to remain silent, to have an attorney present during questioning, and have an attorney provided free if he can’t afford one. Miranda didn't have a lawyer present when questioned and wasn't aware this was an option; therefore, his confession was excluded from evidence and the conviction was overturned.?

president clinton essays

president clinton essays President Clinton recently visited Mexico. While there, he met with PRI (Institutional Revolutionary Party) president Ernesto Zedillo. The PRI is the political party in power. It has been in power for over 60 years and has never lost a presidential election. Is the PRI the true expression of the democratic will of the people of Mexico, or a totalitarian dictatorship? In 1968 Mexican students protested the PRI government and army. Over 300 students were murdered. On January 1st 1994, a group of Mayan Indians calling themselves the EZLN (Zapatista Army of National Liberation) rose up in arms to protest the same government and army. This paper will explore the history of the PRI, the 1968 student massacre, and the formation of the EZLN. By examining this part of Mexican history, this paper will show direct links between governmental corruption, the lack of democracy, the intolerance of social protest, and the necessity for the oppressed to move towards armed struggle. In 1924 Plutarco Calles was the president of Mexico. He was the founder and organizer of the P.N.R.(National Revolutionary Party), which later changed its name to the PRI. Calles was a Masonic anti-clerical president, who closed many churches and deported a number of priest and nuns. Calles portrayed himself as a socialist, but it was a front. Vincent Padgett writes, as the money poured in, all those at the top embarked upon a pattern of conspicuous consumption in fine houses, luxuries cars, clothing, and jewelry which marked them as something totally apart from the rank and file they professed to serve(30). Calles was the president of Mexico until 1928, but was so powerful that he continued to run the country behind the scenes. Padgett also writes, He [Calles] picked a relatively obscure man, Pascual Ortiz Rubio, as the PNRs candidate to succeed Portes Gil at the end of the provisional presidency, and arranged a lopsided victor over t...

Bacteriophage Life Cycle Animation

Bacteriophage Life Cycle Animation Bacteriophages are viruses that infect​ bacteria. A bacteriophage can have a protein tail attached to the capsid (protein coat that envelopes the genetic material), which is used to infect the host bacteria. All About Viruses Scientists have long sought to uncover the structure and function of viruses. Viruses are unique they have been classified as both living and nonliving at various points in the history of biology. A virus particle, also known as a virion, is essentially a nucleic acid (DNA or RNA) enclosed in a protein shell or coat. Viruses are extremely small, approximately 15 - 25 nanometers in diameter. Virus Replication Viruses are intracellular obligate parasites, which means that they cannot reproduce or express their genes without the help of a living cell. Once a virus has infected a cell, it will use the cells ribosomes, enzymes, and much of the cellular machinery to reproduce. Viral replication produces many progeny that leave the host cell to infect other cells. Bacteriophage Life Cycle A bacteriophage reproduces by one of two types of life cycles. These cycles are the lysogenic life cycle and the lytic life cycle. In the lysogenic cycle, bacteriophages reproduce without killing the host. Genetic recombination occurs between the viral DNA and the bacterial genome as the viral DNA is inserted into the bacterial chromosome. In the lytic life cycle, the virus breaks open or lyses the host cell. This results in the death of the host. Bacteriophage Life Cycle Animation Below are animations of the lytic life cycle of a bacteriophage.Animation AThe bacteriophage attaches to the cell wall of a bacterium.Animation BThe bacteriophage injects its genome into the bacterium.Animation CThis animation shows the replication of the viral genome.Animation DBacteriophages are released by lysis.Animation ESummary of the entire lytic life cycle of a bacteriophage.

Chemical Decomposition Reaction

Chemical Decomposition Reaction A chemical decomposition reaction or analysis reaction is one of the most common types of chemical reactions. In a decomposition reaction a compound is broken into smaller chemical species.AB → A B In some cases, the reactant breaks into its component elements, but a decomposition may involve breakdown into any smaller molecules. The process may occur in a single step or multiple ones. Because chemical bonds are broken, a decomposition reaction requires the addition of energy to begin. Usually the energy is supplied as heat, but sometimes simply a mechanical bump, electric shock, radiation, or change in humidity or acidity initiates the process. The  reactions may be classified on this basis as thermal decomposition reactions, electrolytic decomposition reactions, and catalytic reactions. A decomposition is the opposite or reverse process of a synthesis reaction. Decomposition Reaction Examples The electrolysis of water into oxygen and hydrogen gas is an example of a decomposition reaction:2 H2O → 2 H2 O2 Another example is the decomposition of potassium chloride into potassium and chlorine gas. 2 KCl(s) → 2 K(s) Cl2(g) Uses of Decomposition Reactions Decomposition reactions are also called analysis reactions because they are extremely valuable in analytical techniques. Examples include mass spectrometry, gravimetric analysis, and thermogravimetric analysis.

Human Resource Management in Practice Essay Example | Topics and Well Written Essays - 3500 words - 1

Human Resource Management in Practice - Essay Example eed to know how human resources (HR) are managed in different regions of the world and how their counterparts in different parts of the globe perceive or react to similar concepts and pressures. It is also important to have an understanding about the main determinants of HRM policies and practices in different regional and national settings. Academics have responded positively to meet the challenges raised by the globalization of business by investigating a number of issues and problems related to international business . They have attempted to examine management from a cross-national viewpoint. This comparison of HRM policies and practices at a national level helps to test the convergence–divergence thesis. The typical questions pursued by comparative researchers are: (1) how is HRM structured in individual countries. (2) What strategies are discussed? (3) What is put into practice? (4) What are the similarities and differences? (5) What is the influence of national factors such as culture, government policy, and education systems? Scholars have also developed and proposed different models of HRM both between and within nations ((Mullins P.97–99, 2002)). Interestingly, most models of HRM have an Anglo–Saxon base. As such, from a global perspective, principles of HRM have been developed from a restricted sample of human experience. During the infancy stage of HRM literature, such an ethnocentric approach was understandable and unavoidable. However, with the growth of a â€Å"global business village,† firms operating in different countries need appropriate information and guidance to develop their HRM policies and practices. Under such dynamic business conditions, the relevance of lessons learned from the Anglo–Saxon experience is questionable. It is therefore important to examine the extent to which Anglo–Saxon models of HRM are applicable in other parts of the world. It has now become clear that the study of HRM needs a cross-national comparative

Miranda Warnings Essay Example | Topics and Well Written Essays - 750 words

Miranda Warnings - Essay Example (Means 2007:73) If this warning would have been read at the scene, you would have realized that the boy could not speak English. You still could have taken the boy into custody, but refrain from asking questions. If you recognized the language, a radio transmission to downtown would have allowed for a translator to be on hand upon your arrival. This suspect must voluntarily waive their Miranda rights before questioning can proceed and understand them (Miranda v. Arizona). The ability to voluntarily waive Miranda rights orally and in writing must be done with understanding. If a person does not understand their right to an attorney without charge, that violates their Miranda rights. Even if they are not confessing or talking, the person needs to understand their right to an attorney due to the third Miranda right. Thus before this suspect, which you state was arrested, can be booked they must be read their rights. If the boy is underage, which was not established due to the language, a good faith effort to find a parent or guardian must take place. When the family member arrives at the police station, an effort to find the parent or guardian must be completed. The family relative can provide the age of the defendant. Even if the boy is underage, the Miranda rights must be given and understood. Ferdico, Fradella, and Totten (2008:724) reports that a suspect must understand and waive their rights. The guardian/relative and boy must understand that a lawyer will be provided for free. The third Miranda right give suspects the right to a lawyer even if poor. The reason a parent/guardian of a suspect needs to know this right is to protect the suspect. If a parent/guardian thinks that they will have to pay for an attorney, they might counsel the boy to talk to avoid paying for counsel. That could be ammunition for a good defense attorney. The boy must understand that an attorney will not burden his family. That is his third

Would Tesco Be Successful Essay Example | Topics and Well Written Essays - 1500 words

Would Tesco Be Successful - Essay Example Smith P.R. and Chaffey D. have argued that E-commerce is commonly thought to include e-tailing, online banking and shopping – it involves transactions where buyers buy and shoppers actually shop. Others suggest e-commerce is any transaction such as a support or an online catalogue search (Smith, Chaffey, 2002). Tesco’s history has shown that the dynamic vision of its bosses combined with the creative and innovative approach in strategy and market planning would pay off in spades. Initially, Tesco with its ‘Pile it high and sell it cheap’ motto, was able to strengthen its market position considerably. The aggressive market strategy, based on acquisition, further took the total number of stores to more than 600 in 1960s and thanks to Cohen, the largest supermarket of Europe came into being in 1961 in Leicester. 1970s and 1980s saw the rapid decline of Tesco primarily because of the low quality product. But under the dynamic leadership of Lord MacLaurin, Tesco underwent tremendous change. His business acumen was so sharp that he had realized early that introducing technology and building committed customer base would accelerate the growth of Tesco manifold. He introduced technology in the two main areas of sales and distribution and at the same time, made special efforts to attract the upper class by opening superstores with high end products. MacLaurin made many changes in the basic format of the store by not only introducing a whole lot of new products lines including non food items, clothes, home appliances, electronic goods etc. but stores in new formats like Tesco superstore, Tesco Metro, Tesco Express, Tesco Extra were also opened to meet all segment of the society. Tesco superstores were characterised by huge space and were designed to attract customers of all strata. It was followed by an intensive drive to make committed customers as members through clubcard so that they could offer their customer extra benefits.  

Leadership Types Essay Example | Topics and Well Written Essays - 500 words

Leadership Types - Essay Example This style is often referred to as ‘management by exception’, implying that transactional leaders are not interested in altering or transforming the work environment or employees, unless some problem occurs. Joseph McCarthy, a Wisconsin state senator is a famous example of transactional leadership due to his style of rewarding his followers for bringing him intelligence regarding communist spies, and punishing those who failed to follow his orders. Transformational style of leadership, on the other hand, is aimed to inspire and motivate employees, rather than expecting a set performance from them. Leaders following this style of leadership employ motivation and team-building tactics with employees. â€Å"The dynamics of transformational leadership involve strong personal identification with the leader, joining in a share vision of the future, or going beyond the self-interest exchange of rewards for compliance† (Hater & Bass, 1988). Jack Welsh, CEO of General Elec tric between 1981 and 2001, changed the bureaucratic organization into one in which employees stretched their potential to achieve long-term goals. Both styles of leadership are important, depending on different situations. However, transformational leadership holds greater merit in most scenarios, as it makes use of motivational tactics which go a long way to fulfill the esteem needs of employees, helping them to achieve self-actualization. In ethical style of leadership, leaders respect the rights and dignity of employees during the course of their leadership. Ethical leaders should treat, encourage, and direct their employees in an ethical manner. For instance, Lola Gonzales, founder and CEO of Accurate Background Check actually fired herself when she found out that redundancy was the only option left to keep her company afloat. Instead, she acquired a part-time job

New Media Term Paper Example | Topics and Well Written Essays - 500 words

New Media - Term Paper Example To those who are not able to compete with the latest and best gadgets, what is generally considered is the ability to have access to new media. This has become a necessity to the modern person who seems to be unable to live in a world which has become so small with the use of the internet. On top of such media, other media within the medium like social networking sites become equally important especially to people who like to get in touch with their loved ones here or abroad. The latest social networking site that made the youngest billionaire in the person of Mark Zuckerberg, a former Harvard student is making the life of a lot of people easier and cheaper. Loved ones who are miles apart can contact each other through the internet and can exchange messages in a matter of seconds. This is not to mention the availability of the medium of communication to be the cheapest as compared to telephone bills. The world has become smaller with people able to find their partners from one end of the earth to another through the use of the popular networking site.

Leadership Types Essay Example | Topics and Well Written Essays - 500 words

Leadership Types - Essay Example This style is often referred to as ‘management by exception’, implying that transactional leaders are not interested in altering or transforming the work environment or employees, unless some problem occurs. Joseph McCarthy, a Wisconsin state senator is a famous example of transactional leadership due to his style of rewarding his followers for bringing him intelligence regarding communist spies, and punishing those who failed to follow his orders. Transformational style of leadership, on the other hand, is aimed to inspire and motivate employees, rather than expecting a set performance from them. Leaders following this style of leadership employ motivation and team-building tactics with employees. â€Å"The dynamics of transformational leadership involve strong personal identification with the leader, joining in a share vision of the future, or going beyond the self-interest exchange of rewards for compliance† (Hater & Bass, 1988). Jack Welsh, CEO of General Elec tric between 1981 and 2001, changed the bureaucratic organization into one in which employees stretched their potential to achieve long-term goals. Both styles of leadership are important, depending on different situations. However, transformational leadership holds greater merit in most scenarios, as it makes use of motivational tactics which go a long way to fulfill the esteem needs of employees, helping them to achieve self-actualization. In ethical style of leadership, leaders respect the rights and dignity of employees during the course of their leadership. Ethical leaders should treat, encourage, and direct their employees in an ethical manner. For instance, Lola Gonzales, founder and CEO of Accurate Background Check actually fired herself when she found out that redundancy was the only option left to keep her company afloat. Instead, she acquired a part-time job

Coca-Cola Company vs. PepsiCo, Inc Research Paper

Coca-Cola Company vs. PepsiCo, Inc - Research Paper Example Consequent to this input, the plan is effectively funded to sustain total elasticity as laid down in the Pension Plan Act 2006. Generally, the fund was estimated to finance all the subsequent contributions in future from the operating activities. In accordance to the guidelines of IFRS the international pension plans of the company are funded in conformity to the domestic laws and the income tax guidelines. The company does not anticipate the contributions to the plans to be in effect in any near future. Following the enactment of the Pension Plan Act of 2006, no contributions are expected to be included in the schedule for funding the benefit pension plan. At the end of the financial year 2009, the estimated benefit requirement of the United States eligible pension plans was about $ 2.138 million and the reasonable value of the pension plan was about $ 1.975 million. The major part of this contribution was as a result of depressing effect that the previous financial crisis and finan cial mechanism’s vulnerability had on the company’s pension plan assets. ... The US non eligible pension plans stipulates for particular links which might not be allowed or be included in the financed qualified pension plans as a result of the constrains inflicted by the local revenue code of 1986. The anticipated benefit payments of the stated unfinanced pension plans might not be considered in the schedule for the calculation of the benefit plan. It was expected that the yearly benefit payments to the unfunded benefits plans to be about $ 35 million by 2010 (PepsiCo 2009). It was also expected to remain at that level until 2030 declining yearly thereafter. The profits and losses which emanate from the real familiarity might be different from the presumptions put down by the company which comprise of the disparity amidst the real benefits from the pension plan assets and the anticipated return on the plan assets. Moreover, as a result of the variations in the presumptions the returns are also established at every date of measurement. According to the IFRS, i f the observable accumulated returns or losses are way above 10% of the entire market connected fair value of the benefit plan assets or liabilities, a section of the net margin or loss is considered in the expense for the preceding year. The charges or returns of the plan variations that enhance or decline the benefits for previous employee service cost is considered in the earnings or income on a straight-line basis over the optimal service duration that remains of the active plan contributors. This is normally approximately 10 years for the pension expense and about 12 years for the retiree medical expense (IASB, 2007) Calculation of the funding levels and capital gains experienced by Coca-Cola and PepsiCo in

The work of one religious agency working for world development Essay Example for Free

The work of one religious agency working for world development Essay Christian Aid was established in 1945 when the Second World War was drawing to an end. A coalition of British and Irish Churches formed Christian Aid with an aim to aid as many people as possible who had been affected by the war. In 1948 the organisation decided it was in order to raise money for third world countries. Christian Aid has since expanded over sixty countries worldwide. Christian Aid recieves a majority of its revenue from the Governments of Ireland, Britian and The European Union (The EU) and also from the help of supporters and donators. 28% is recieved from fundraising and 34% is from Government grants. Christian Aid also holds many charity events such as sponsored walks and book sales. Its income comes up to à ¯Ã‚ ¿Ã‚ ½40 million per year through donations from members, supporters and the general public. Since the expansion in and over 60 countries, Christian Aid has managed to help different countries in many situations. An example would be when Christian Aid joined forces with The Madras Christian Council for Social Service (MCCSS) in India to help the people living there. Many residents had no jobs or practical skills to offer which meant they were not very rich and lived in poor conditions. The MCCSS have taken on life projects to provide countries like this with proper housing, healthcare, sanitation and education. Christian Aid also helps other countries such as; Cambadia, Ethiopia, India, Sudan and Uganda. In these battles Christian Aid helps with hunger and poverty. Christian Aid is not a group of Christians helping other countries. It is an organisation, started by the Churches, in which Christians and Non-Christians work together to help all in great need, whatever their religion, politics, colour or country. Christian Aid is religious because Christians concerned about the worlds poorest countries, founded it. Even though the founders of Christian Aid were Christians, all may join in its work, whatever their race or faith. The Christian faith provide a base for Christian Aid because Christians believe that God loves the world and everything in it. They believe God became a human in Jesus so that people could meet God in every human. Many Christians follow the example of Jesus. He cared for those whom never cared for him; he was a friend to those despised by others. An example of Christian Aid work would be campaigning. Christian Aid has argued that poverty is caused and often made worse, by the more developed countries such as Britain. An example of this would be that in past decades Western Governments and banks lent billions of pounds to developing countries who now, cannot repay the debts. Christian Aid argue that the interest that the poorer countries are having to pay on top of their debts, is draining the wealth out of these developing countries. So Christian Aid and many other agencies campaign to cancel these debts so that the poorer countries can concentrate on developing their countries without worrying about their on-growing debts. Overall, Christian Aid was founded to express the concerns of Christians towards those whom were facing hardship, hunger and war. Christian Aid has certainly fulfilled its initial cause and has moved on to aiding many more.

Examining Hacking And Cyber Ethics Philosophy Essay

Examining Hacking And Cyber Ethics Philosophy Essay With technology taking the forefront in communication, world has virtually shrunk! Distance and time are no more any hindrances for effective interactions and communications. Internet has so much invaded our day to day lives that without internet, we feel we are almost without bread! As any advances bring in good , not so good and bad with it-take auto mobiles, electricity, movies whatever-even the communication technology has its own goods and bads. Hacking is something that has shocked the world that is so much dependent on the cyber for its day to day affairs, may it be individual corporate or education fields. Hacking and Hacker Hacking is an action of trying to gain access to a computer or computer network without any legal authorization [1]. The entity who tries the act of hacking is the hacker. The new hacker dictionary defines hacker as below: A person who enjoys exploring the details of programmable systems and how to stretch their capabilities, as opposed to most users, who prefer to learn only the minimum necessary. One who programs enthusiastically (even obsessively) or who enjoys programming rather than just theorizing about programming. A person capable of appreciating hack value. A person who is good at programming quickly. An expert at a particular program, or one who frequently does work using it or on it. An expert or enthusiast of any kind. One might be an astronomy hacker, for example. One who enjoys the intellectual challenge of creatively overcoming or circumventing limitations. [deprecated] A malicious meddler who tries to discover sensitive information by poking around. Hence password hacker, network hacker. The correct term for this sense is cracker. Hacker is someone who has an intention to damage a system and hence invades it illegally [2]. He or she might invade into the system to get illegitimate access to resources. As hacking becomes easier, a vulnerable computer will be the earlier target. Hacker invariably tries to hide his or her identity for launching attacks on the main site, which is generally more secure. The attack is made with an intention of gaining control of the targeted system so that the hacker can execute, edit or delete any file on the users directory. This is achieved generally by gaining access to the super-user account. This helps the hacker hide his presence and provides him maximum authority to access the data. Software bugs are generally used in the attacks which give the hacker super-user status. Ethics and Cyber Ethics That branch of art which looks with wonder at the marvels and mysteries of the world is philosophy. It leads to life with passion, moral and intellectual integrity. Socrates had once stated the unexamined life is not worth living. In philosophy. Everything related to life is critically and comprehensively inquired in to. The branch of philosophy that deals with how we ought to live, with the ideas as to what is right and wrong, and with idea of Good is ethics [3]. The field of ethics that examines legal, moral and social issues in the use and development of cyber technology is cyber ethics [4]. A broad spectrum of technologies that range from standalone computers to a cluster of network computing, information and communication technologies is referred to as cyber technology. Computer ethics has been the general usage term for cyber ethics until recently. Computer ethics however suggests the study of ethical issues associated primarily with computing profession or computing machines. Cyber ethics however attempts to address ethical issues that are more wider and deeper. Other terminologies like internet ethics or information ethics are in use but cyber ethics has wider coverage than internet ethics. 1.3 Legal and Illegal Hacking The informal trespassing into a computer is termed as hacking by many people. Hacking in general has formed a meaning of breaking into computers [5]. The term hacking clouds ethical and legal complexities of law that administrates use of computers. Some hacking is legal and valuable while some are illegal and destructive. Learning the way to get access is legal while using this information to access the system and misuse it is illegal hacking. It is very important to understand the difference between legal and illegal hacking. This could be understood considering an example. For example, the security researcher of the system will learn a number of ways to get into the system without authorization. While learning this information is not illegal, using the information to access a system unauthorisedly is illegal. An action can be considered legal or illegal based on the scenario and the access and authorisation for the particular scenario. 1.4 Ethical Theories Ethical issues are based on morals which are subjective. The ethical theories offer direction for the moral analysis to be made. These are the scientific theories that provide the framework for the analysis of moral issues. We may look into ethical theories relevant to the case in hand. 1.4.1 Consequence Based ethical theories (consequentialism) Consequence based theories judge actions based on results. Proponents of these theories assume that certain state of affairs are better than many others. Actions that lead to better state for maximum number of people are better actions. In simple words, an action that makes the world better is a good action and that worsens the world is bad. Hence here, result is most important. Three subdivisions of consequentialism emerge based on who is benefited by the action: Ethical Egoism: an action is morally right if the consequences of that action are more favorable than unfavorable only to the agent performing the action. Ethical Altruism: an action is morally right if the consequences of that action are more favorable than unfavorable to everyone except the agent. Utilitarianism: an action is morally right if the consequences of that action are more favorable than unfavorable to everyone.(QuoteIEP) Types of Utilitarianism Two types of Utilitarianism are there namely Act Utilitarianism and Rule Utilitarianism. Under Act Utilitarianism, an action is considered good or bad based on its consequences while under Rule Utilitarianism, a code or rule of conduct is more acceptable if the consequences of it are beneficial than not beneficial to every one. For ex. If one steals, it may be beneficial to him but not to all. So the rule is not to steal. Intended Consequentialism Intended consequentialism is a consequence based ethical theory. Here, intended consequence is given importance over actual consequence in judging an action. 1.4.2 Duty Based ethical theories Duty based ethics is otherwise called deontological theory. Deon is a Greek word meaning necessary, binding, obligatory. Immanuel Kant is the main proponent of this theory. It gives importance to sticking to ones duty and principle rather than the consequences. When most stick to Deontological principles, naturally, consequences will be good. The focus is on duty and principle and not on consequences. An other famous philosopher W.D. Ross who supported Kants theory, summarized basic duties as below: Duty of beneficence: A duty to help other people (increase pleasure, improve character) Duty of non-maleficence: A duty to avoid harming other people. Duty of justice: A duty to ensure people get what they deserve. Duty of self-improvement: A duty to improve ourselves. Duty of reparation: A duty to recompense someone if you have acted wrongly towards them. Duty of gratitude: A duty to benefit people who have benefited us. Duty of promise-keeping: A duty to act according to explicit and implicit promises, including the implicit promise to tell the truth.(M2) Character based Ethical Theories Character based virtue ethics is also called Virtue ethics. These theories are mostly based on Aristolephilosophy. Here, individuals character takes prime place over duty or consequence, in contrast Deontology and Consequentialism respectively. Here, the tenet is once the person has strong value system which has stabilized, he would be conscious of what is wrong and what is right, what are his duties to his children, family, society and his master, so, action taken by such persons tend to have good consequences only. An ethical individual is therefore necessarily disposed to do good things acceptable to himself and for society. 1.5 Role of software/Hardware/Application Engineers Hacking has become a threat to modern world which is over dependent on information technology. It is easier done than said that, as you keep your valuable protected in house against thieves and robbers by locking the almirah or the house or safe keeping in banks or covering by insurance. As we use lot of IT services through public domains and distant server based technologies, the risks are even more. Professionals in the field can do their bit based on their knowledge and experience to reduce damages by hacking. Objectives The objectives of this case study are: Highlight the main critical issues that this case brings out light and to critically apply consequence-based, Duty-based and character-based ethical theories to discuss whether the FBI were correct in attempting to capture and prosecute Mitnick. Briefly discuss the general of asoftware/hardware/application engineer in terms of the use dof their knowledge and expertise in regard to hacking. Facts of the case While dealing with the case in hand from the point of the objectives of the case study, we have to critically observe the facts from the following angles. Actions of Mitnick that are subject of ethical and moral nature