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Due Process and the Significance of Interpretation
The concept of "Due Process" is a uniquely American one, the significance of which has changed as much as has the societal and political times of the American nation. Today, some critics argue that Due Process is a thing of the past, what with the passing and signing into law of the National Defense Authorization Act, which authorizes the military to arrest and detain indefinitely civilians suspected of being terrorists. Nonetheless, it is not the lawmakers who have traditionally defined Due Process but the courts. This paper will discuss the meaning, history and importance of the constitutional concept of "Due Process" as contained in the Fifth and Fourteenth Amendments to the United States Constitution. It will also include a brief discussion of the conflicting positions of Justice ugo Black and Justice Felix Frankfurter with respect to the incorporation of rights under the Due…… [Read More]
In modern criminal procedure and practice, the Sixth Amendment also provides specific requirements of police, such as where criminal defendants express the desire to consult legal counsel. Irrespective of whether or not such a request precedes or follows the common recitation of Miranda warnings by arresting authorities, the Supreme Court
has now long-regarded any expression of request for legal counsel as the immediate cut-off point of any further questioning (Colon, 2004; Dershowitz, 2002).
Furthermore, the Sixth Amendment right to competent counsel need not specifically be expressed or invoked by the defendant. in-between 1961 and 1979, the Supreme Court expanded the requirements in that regard by applying standards that had been developed in-between 1932 and 1942 with respect to federal prosecutions to state prosecutions (Freidman, 2005). Those decisions entitled criminal defendants to the assignment of competent counsel anytime the defendant is financially incapable of acquiring his own legal representation or merely…… [Read More]
The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct.
One of the first principles in early American constitutional history was the idea that it was more beneficial to society and its citizens to protect the rights of the innocent than to ensure the apprehension, prosecution, and punishment of every perpetrator of criminal conduct. This is often expressed as the notion that it is "better to let 100 guilty men go free than to punish a single innocent man" (Dershowitz, 2002). In many other countries, the balance between freedom and law enforcement is shifted much more toward the other end of the spectrum, and as a result, citizens of those countries are subject…… [Read More]
Due Process and the 14th Amendment
Which of the protections available to criminal offenders through the Bill of ights do not currently apply to the states?
"Like the rest of the Bill of ights, the Fourth Amendment originally only applied in federal court. However, in Wolf v. Colorado, 338 U.S. 25 (1949), the U.S. Supreme Court ruled that the rights guaranteed by the text of the Fourth Amendment…apply equally in state courts via the Fourteenth Amendment, which guarantees to the citizen of every state the right to due process and equal protection of the laws" (When the Fourth Amendment applies, 2013, Find Law). Although originally the Bill of ights only governed actions of the federal government, through the incorporation clause the Bill of ights has now been held to apply to all forms of government, not just at the federal level.
The exclusionary rule is the one exception to this…… [Read More]
In addition to rulings related to due process in trials, the Supreme Court made several rulings highlighting the importance of due process in police detentions in the 20th century. In 1936, the Court ruled that confessions extracted through coercion would not be acceptable as evidences. Initially, the court condemned "police brutality" and later extended it to "psychological as well as physical coercion of prisoners" (Lewis 97). In 1961, in the case of Mapp v. Ohio, the Court ruled that the Fourth Amendment prohibition on illegal seizure of property was applicable to state laws, affirming that "No illegally seized evidence could be admitted at state criminal trials" (Lewis 98). These rulings were essential in codifying due process in reference to criminal proceedings.
Sometimes, war-related events pressure government officials to review or suspend some of the provisions of the Constitution in relation to persons' rights. The question of due process of detention…… [Read More]
Due Process Clause Fourteenth Amendment is Important to Me
Adopted in 1868 to the U.S. Constitution during the Reconstruction era the Fourteenth amendment is known as one of the three Reconstruction Amendments. Of these three, the Fourteenth is the most complex and resulted in the greatest number of unforeseen effects. The Due Process Clause of the Fourteenth Amendment States "nor shall any State deprive any person of life, liberty, or property without due process of law…" Initially the intent of the amendment was to protect the Civil Rights Act passed in 1866, ensuring that persons born in the United States, excluding Indians not taxed, were citizens to be given full and equal benefit of all laws. Many feel the meaning of this passage is that a state has to use sufficiently fair and just legal procedures whenever it is going to lawfully take away a person's life, freedom or possessions.…… [Read More]
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752.
Ingraham v. Wright, 430 U.S. 651 (1977).
In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages and injunctive and declaratory relief against respondent school officials, alleging that petitioners had been subjected to corporal punishment in violation of their constitutional rights. At the time, a Florida statute authorized corporal punishment after a teacher consulted with a principal or other supervisor, as long as the corporal punishment was not degrading or unduly severe. Furthermore, the School Board had a regulation governing the application of corporal punishment, limiting it to swats with a wooden paddle, applied to a…… [Read More]
In the case of Brady v. Maryland (1963) is a 14th Amendment case governing due process in the court of law. Brady was prosecuted for murder in a case where there were two accused, the other being a man named Boblit. There was a handwritten confession from Boblit stating that he was the killer. While Brady had admitted that he was there, he contended that he was not the killer. The prosecution had known about the handwritten confession, but had not disclosed this to the Brady defense. Brady was convicted. When the case went to the Appeals Court the conviction was upheld and the appeal only upheld for the sentencing.
The Supreme Court ruled that Brady had not received due process because the confession was important evidence to the defense. The prosecution withheld this evidence in order to bolster its case, and the court found this in contravention…… [Read More]
Legal Brief -- Cronin v. Town of Amesbury
Cronin v. Town of Amesbury, 895 F. Supp 375 (D. Mass 1995)
Type of Action
The action was an appeal on the part of Michael Cronin to the United States District Court in Massachusetts. It was an appeal on the grounds that a hearing into the determining of his job status took well over three years and that violated his due process rights. The court had to decide if the delay was a violation of his due process rights or if the investigation was "above-board."
Facts of the Case
Michael Cronin was a police chief in Amesbury. At some point, a pornographic letter was found in Cronin's desk and it was signed "Mike." When brought to the attention of the higher-ups, Cronin was suspended with pay pending a further investigation. However, this revelation did nto appear until three years after the letter…… [Read More]
legal principle, Due Process, encapsulates all the guarantees to the rights of an individual or a group. The provision for these rights in the Constitution simply means that the interests of the individuals and groups covered by it are protected. The fundamental human rights include right to life, liberty, and the acquisition of property. Some people believe that individuals should also have a right to the pursuit of happiness. A critical look at Due Process reveals that it links to justice and fairness in every proceeding. The practice of viewing Due Process in this way is known as Procedural Due Process (ogers et al., 2007).
In isolation, the term "due process" may refer to the manner in which court proceedings are organized and administered. It then means that due process of the law could also be those statutes the legislative arm enacts. The Constitution clearly defines and separates Federal and…… [Read More]
The Right to Due Process and Privacy in Times of Coronavirus
One of the major problems in the US and the wider world is the dissemination of news or information that is accepted uncritically as gospel truth because it comes from a trusted source, a trusted outlet, a trusted organization, or a professional with the right sort of credentials that get people to assume trust. With regards to the coronavirus there is a great deal of misinformation and a great deal of legitimate questions and points that are raised by professionals, doctors, scientists, researchers and people with extensive backgrounds in epidemiology and health care that are not promoted in the mainstream media because those questions and points do not provoke fear and hysteria, which are the main drivers of the lockdown. Governors across the US have used fear and hysteria, rather than common sense, as justification for locking down…… [Read More]
Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.
Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.
.eview and Discussion
According to Black's Law Dictionary, "due process of law" means…… [Read More]
ights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.
Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land. Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due…… [Read More]
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.
The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…… [Read More]
Administrative Agencies and Due Process
In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)
However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…… [Read More]
ights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]
The way this type of policy could be implemented would be: to observe what the different ethical situations that are occurring. Then ask employees what their overall views on ethics are, this will help you to have an idea about what is influencing their behavior. At which point, you want to make suggestions as to how they could view and handle different situations in the future (by addressing an obvious ethical weakness). Over the course of time, this will teach employees new ethical ideas and flexibility, which they can apply to situations that are occurring everyday.
Clearly, there are a number of different ethical theories that are used to explain and influence the actions that everyone takes in their daily lives. However, each of these different theories has created conflict, where there are obvious strengths and weaknesses. Three different theories that were examined, using different literature include: applied ethics, moral…… [Read More]
They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstrate generally have views that are more extreme than those of the public (166-168). Thus, the public opinion poll was introduced. Examples of public opinion polling include President Barack Obama's approval rating, which is currently 68%, and the 72% that believe the U.S. will be "better off in four years" (Gallup). Public opinion polls are important because they "keep the public well informed," as well as keeping the public in touch with important shifts in public opinion" ("Are opinion polls useful?").
Using a random sampling method, the public opinion poll uses probability to reflect the views of the public. That is, by using a random selection of the population, the opinions of the…… [Read More]
psychological process that leads to terrorism. The author achieves this through using a metaphor that narrows down a staircase that leads to the act of terrorism at the top of a building. This staircase usually leads to higher and higher floors, one remaining on a particular floor is dependent on doors, and spaces, which the person imagines, are going to open to them on that particular floor. This staircase of terrorism has a ground floor and five higher floors. A particular psychological process characterizes the behavior in each of the floor. The ground floor is occupied by majority of the people here what matters most are fairness and just treatment perceptions. People then climb to the first floor and they try out different floors in search of solutions to their perceived unjust treatment. The second floor is where the individuals have misplaced aggressions that influence their terrorist acts. Those who…… [Read More]
Virginia Juvenile Justice Process
In 1800's the juvenile justice system was created to reform U.S.A. policies regarding youth offenders. United state's original intent of juvenile justice system has shifted due to a number of reforms aimed at both protecting the "due process of law" rights of youth, and creating an aversion towards jail among the young, these reforms has made the system more comparable to the adult system
History of Juvenile Competency Services in Virginia:
After a year long study conducted by the Virginia commission on youth the juvenile competency statutes were enacted. there were individuals from different groups that participated in the study, these individuals were from the Office of the Attorney General, juvenile court judges, prosecutors, public defenders, children's advocates, faculty from the University of Virginia and the University of ichmond, and senior administrative personnel from the state department of mental health, the state department of juvenile justice,…… [Read More]
The staffing process, be it hiring, selecting or deselecting of individuals is usually quite a complex and multidimensional decision making process that can have ramifications on teams, individuals and even organizations. The paper will look at how staffing decisions are made using a particular staffing model or decision making system. It will also give an explanation on the role of validity, utility and fairness when it comes to evaluation of staffing decision. Ethical and legal issues that might arise from staffing procedures that do not meet standards will also be highlighted.
Staffing decisions are those that are associated with recruitment, selection, promotion and separation of employees. Modern jobs are quite complex and therefore for one to be successful in these modern jobs they have to have attributes like general mental ability, conscientiousness, communication skills as well as specialized knowledge. This implies that information on a candidate has to…… [Read More]
gathering and using knowledge as a basis for making decisions in formal settings is an old one. If one is to gain advantage over their rivals, it is essential to gather updated knowledge that is also accurate with regard to what they intend to do and their capabilities. The principle applies across a wide range of fields including military strategies, politics, criminal intelligence circles and business. Further, it is a continually evolving process. It has been changing in response to socio-cultural factors, higher advanced analytical skill requirements, organizational demands, and even technology. Review of the roots of intelligence and the analytical procedures as a pre-occupation and profession is a consultative activity. Such analysis of the background of intelligence processes helps us to understand the past, the present and help anticipate the future. We also learn, in the process, that intelligence gathering is an ever evolving field. Consequently, if the practice…… [Read More]
processed foods and diet has had a negative effect upon many populations, particularly contributing to obesity and potential Type-II diabetes and a host of other problems. Medical doctors, scholars, researchers are all in agreement that there is a complete link between what we eat and drink, and the consequences to our overall health. Technology has certainly done wonders for learning, but has also contributed to children preferring video games to outdoor exercise. This, in combination with diet and sugary sodas at school has negatively impacted children's health. Dutch researchers in public health and epidemiology were so alarmed by these trends they developed a study to measure the effects of using fruits and vegetables as an intervention during mid-morning school breaks (Tak, et.al., 2010). These researchers are very well qualified on this topic, as they are professionals in Epidemiology, Biostatistics, and Public Health with major universities in Holland. The information contained…… [Read More]
Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).
The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…… [Read More]
The second area of waste is seen when the customer is asked if they want help for a new product or an existing product, where there is an exiting product query the costumer is taken to a different member of staff. This occurs despite the fact most of the staff have a very good knowledge f the existing products, undertaken as part of their training. This also increases the complexity and staffing requirements of the scheduling to ensure both sections of the store are staffed. It may create a disjointed feeling for the customers who have a query on an existing product; it also increases the costs due to the staff arrangements and lack of inter-changeability when the staff are working.
The last area of inefficiency is seen when a sale is made. If the customer wants a printed receipt it is sent wireless from the hand held sales unit…… [Read More]
How is process improvement important to achieving transportation excellence? How might process improvement be extended to other areas of logistics planning?
Process improvements are predicated on cost reduction. Costs, irrespective of company size, often hinder business progress as company profit growth is inhibited. Through the use of process improvements, company's can achieve efficiencies they otherwise may not have attained due to system optimization. Process improvements can come in a litany of different forms depending on the size of the company and the industry in which it operates. For large companies in commodity businesses, process improvements are integral in reducing overall product prices. In commodity businesses with little differentiation, cost is ultimately the determining factor in regards to consumer purchasing behavior. A consumer shopping for an apple for instance is concerned with the overall price of the apple rather than any differentiating factor. As such, the producers of this commodity…… [Read More]
This should always be the case and bad things will happen again if Toyota stumbles. The fact that Toyota is not a domestic car maker will be used against them by opportunists.
A struggle that has been encountered by many car makers is the "complex web" (as the case study calls it) of dealers, parts suppliers, offices and so forth that have to be managed when running a car company. Toyota has nearly nine thousand employees in the United States alone and they (as well as the dealers) are strewn across the United States.
The management of inventories, parts and customer support in general needs to be as complex as it needs to be but it should not be made less simple than it can be. Building up the corporate morass of bureaucracy is idea because it limits the company's ability to react to crises, such as the…… [Read More]
international business expansion process.
International recruitment and selection brings a number of challenges for business organizations. They not only face difficulties in hiring the desired skillful staff from the host country, but may also have to deal with severe financial and cultural diversity issues. Through this research study, an effort has been made to highlight the major challenges and issues which make the international recruitment and selection process more complex and challenging for multinational organization.
The research report starts with an ample introduction to the esearch question and proceeds by highlighting the core objectives of the research study. The research question clearly states the major objective of this research study in a quite precise and succinct manner. The most important section of the research report is Literature review which has been written after a comprehensive research from a number of academic and industry journal articles and books; most of which…… [Read More]
Finance-dominated proponents also maintain that boom economic periods generate a more varied divergence of valuations that fuel merger activity (Medlen 2007). In this regard, Medlen concludes that, "Taken collectively, these understandings may explain some of the merger activity in booms, but they involve certain asymmetries that undercut their explanatory power. High stock valuations allow stock to be utilized as currency and collateral for takeovers; yet stock booms also make targets expensive" (p. 202). Moreover, despite the commonly held perception that mergers are a "quick and dirty" way to grow a business and achieve organizational goals, there remains a lack of convincing empirical evidence in support of this perception (Medlen 2007). As Medlen points out, an "anomalous fact about mergers concerns the lack of evidence that mergers are profitable. This fact begs the question: why then are mergers carried out with such frequency and with such large levels of capitalization?" (p.…… [Read More]
Process map the "current" situation or process for completing new JPF policy applications. Highlight and color code the different kinds of MUDA that exist(ed) in the process and describe how the MUDA impacted quality, cost and customer satisfaction.
Transportation -- the processes were set up in functional departments as opposed to trying to create a value chain. As a result, office mail had to move files to various floors creating inefficiencies in file transportation.
Inventory -- Inventory (applications for service) was processed in large batches and contained a mix of different complexities of applications. Thus inventory would build up and not flow.
M: Motion -- Due to the large batches, the motion of the process was intermittent and ineffective. There was no flow through the processes until this was recognized.
W: Wait -- Since some applications required more work than others and these were not separated, the easier…… [Read More]
map, process chain) ScrewFast Inc. ( information case instructions Slack, "Operations Management," Chapter 5 flow charts) • Analyze interfaces departments ( case instructions) • Prepare a flow chart redesigned process • Provide detailed recommendations improvement ScrewFast Inc.
Screw Fast Inc. is a global company of screws and nuts and it is currently looking to restructure its processes and to improve its operations. The current project addresses this need by forwarding several recommendations.
Process flow chart
The chart below reveals the structure of the processes completed at Screw Fast Inc., and the lines below explain the flow chart.
The first process at Crew Fast Inc. is that of registering the orders, step which is completed with the aid of Customer Master Data and Article Master Data systems.
The new orders are processed based on the nature of the products demanded. Standardized products are ordered by the warehouse and non-standardized…… [Read More]
Policy Making Process
Welfare eform Policy Analysis
Success of welfare reform is ambiguous. Media and well-known public officials claim to have had achieved welfare reforms. However, after 4 years of new policy regime, majority also accepts that welfare reforms have been successfully achieved. Temporary Assistance for Needy Families (TANF) also validates this by stating that welfare rolls have dropped by 53% to 6.28 million recipients in June 2000 from 12.24 million recipients in August 1996 (Administration for Children and Families 2001). Moreover, researches have also stated that people are becoming well (Assistant Secretary for Planning and Evaluation [ASPE] 2000). Observers suggest that welfare reform is indisputably successful and is self-evident.
TANF progress is successful as reform is evaluated by putting leavers and caseloads in a shared frame of reference. Undoubtedly, mass media has played an important role in framing this reference. Similar stories by different journalists are often given hype…… [Read More]
Federal Procurement Process
Highly publicized incidents such as the federal government purchasing at $500 hammer or $2,500 toilet seat continue to capture headlines as examples of a federal procurement process gone awry, but these notorious examples have become few and far between in recent years, due in large part to significant reforms such as the Federal Acquisition Streamlining Act of 1994 that minimized some of these problems. Despite these substantive reforms, the federal government continues to receive criticisms concerning the manner in which it administers the procurement process. In order to gain new insights in this area, this paper provides a review of the relevant literature to describe the legal and administrative framework and socio-economic considerations of the federal procurement process. A summary of the research and important findings are presented in the conclusion.
eview and Discussion
At present, federal procurement contracts are governed by a number of…… [Read More]
Industrialization in America
The process of industrialization can be categorized as the first step towards a social and economic transformation which affected the whole world in ways beyond comprehension. In a nutshell, the world we live in today was nowhere near what it is today before industrialization changed the face of the world. America too greatly adapted to this change and saw itself changing and advancing in the face of the new inventions and advancements. However, with the benefits of the phenomenon came some drawbacks which could not be ignored. The next sections focus on two ways in which industrialization proved to be a blessing for the Americans as well as two ways that it created problems (Alonso, 1994).
One industry that saw phenomenal changes after industrialization came about was the American agricultural industry. The farming techniques became greatly advanced and mechanization made things much easier and reduced the…… [Read More]
Applying Statistical Process Control Pharmaceutical Manufacturing
The use of applied statistics in studying a pharmaceutical manufacturing process is examined in the work of Tiani (2004) reports that health care quality is critically important in society and the quality of health care is important to all individuals. It is important that treatment is given in an accurate manner and this is particularly true of medications given to patients as it is expected that "the bottle of medicine has the specified number of tablets and that each tablet contains the specified quantity of the correct drug." (Tiani, 2004)
Legal and Regulatory Framework
There are legal and regulatory requirements set out in the law of the United States that the quality of medications be controlled in the pharmaceutical industry. The regulations are contained in federal statutes and outline "a quality control functions that emphasizes inspection and defect detection, and pharmaceutical quality control technology."…… [Read More]
Strengthening the Nurse Orientation Process
Strengthening the orientation process
The healthcare management has been recording increasing developments of shortage of the human resource. This worrying trend has severed the health facilities to near grounding their functioning and purpose. However, research and interviews have attributed this trend to factors related to the orientation programs (Christmas, 2008). Most orientation schedules have been faulty in delivering the desired attention in the practicing interim nurses so that they can remain in the unit of practice. For this reason, the role of the nurse leader is being questioned. How is the nurse leadership role effective in overseeing the nurse orientation process? In my role as a nurse leader, it is my initiative to ensure that the orientation schedule in my unit is effective.
To strengthen the nurse orientation process, there are certain key aspects that I will stress. These areas include the assessment section, communication,…… [Read More]
SMEs Internationalization Process
TADITIONAL MAKETING APPOACH
Uppsala model (the classical model)
EXPOT ENTY MODES
INTEMEDIATE ENTY MODES
Hierarchical entry modes
Traditional Marketing Approach:
An American born British economist, Edith Elura Penrose has described the traditional marketing approach in his exceptional work "The Theory of the Growth of the Firm." The writer has described how the firm grows and how effectively and efficiently it can grow at a faster pace. Penrose had participated in a research which reviewed the growth of the firms. After the through research she found out that the theory which existed at that time related to the growth of the firms was not sufficient enough to clarify the growth of the firms. The growth of the firm which is in theory is different from the practical circumstances that the firms have…… [Read More]
Nike's Marketing Process:
Marketing is generally defined as a social process through which individuals and groups acquire what they need by developing and exchanging products and services with others. This process involves planning, evaluation, execution, and management of programs that are developed keenly to facilitate free transfer of values with the intended audience to accomplish the objectives of the business. The success of any private or public company is dependent on its core marketing concepts and the various elements of the marketing process. One of the major examples of a public limited company that has demonstrated superb marketing skills is Nike. The firm's marketing skills have emerged from the fact that it has developed the ever-present swoosh into one of widely recognized brand symbols across the globe.
Nike's Marketing Concepts and Marketing Process:
As previously mentioned, Nike's superb marketing skills are evident through the power of its logo and brand…… [Read More]
intelligence analysis process have been discussed. This paper puts light on what basically is intelligence analysis and how can it be improved. It discusses ways via which intelligence analysis can be made more focused and more effective. It puts light on how better sharing and provision of information, collection and analysis of correct data and fact and figures can benefit the intelligence analysis process.
This paper also puts light on different psychological issues that are being faced by intelligence analysts and it also examines the ways through which analysts can overcome such hurdles.
Before discussing how to improve intelligence analysis it is necessary to have proper understanding of the terms intelligence and analysis. Intelligence can be defined as an information which has added value in it whereas analysis is a process via which you can evaluate your intelligence, it helps you to understand a situation and then to…… [Read More]
Presidential Disaster Declaration Process
Preparedness and Mitigation from Disasters in the Twentieth Century
Numerous disasters have always brought intensive destruction to the environment and human lives over the years. The twentieth century, however, has experienced rather greater disasters, which have called for intervention through ensuring mitigation and preparedness. The presidential disaster declaration process is aimed at fulfilling the ambitions of preparing for disasters. These disasters include both the man-made and natural ones, ranging from the outbreak of fires, contagious diseases that need extreme control, earthquakes and hurricanes, the nightmare of global warming, political instability and many others. The essay evaluates analytically, the need for preparedness through the presidential disaster declaration process, which is a strategy to getting assistance. The evolution of the process in the twentieth century to strengthen hazard management is also discussed in the content.
I. What is the presidential disaster declaration (PDD) process?
II. Importance…… [Read More]
God has created every person with different nature and interests that builds ones personality. The idea of studying different personalities was proposed in 1920s by some of the famous scholars and scientists. Carl Jung was the first scholar who described the Psychological Types. He categorized people as extroverted and introverted. People with extroverted personality are more oriented towards external world and goes through new experiences whereas the introvert personalities are more oriented towards internal worlds and memories. Later on, Jung identified other differences in the personalities and named them functions which are now called as Cognitive Processes.
Types of Cognitive Processes
The extroverts and introverts deal with the world in their own style. According to Jung there are four main styles that are sensing, intuition, thinking and feeling. Jung categorized these four types under two main headings perception and judgment.
Perception -- (Sensation and Intuition)
Judgment -- (Thinking…… [Read More]
Due Process Model concentrates on providing suspects with a fair investigation and with removing all possible ideas that might have an unreasonable influence on defendants. The defendant's rights are one of the most important concepts throughout the criminal justice process. hile in some justice systems a technicality does not necessarily represent an important factor in a person's justice process, it can be especially significant in a situation where the due process model is being supported. This means that a person is very likely to be released from charges if the authorities consider that the defendant's rights had been violated at one point during the process.
Being concerned with due process is believed by many to be an essential part of the justice system, especially considering corrupt jurisdictions where particular individuals feel that they need to do anything in their power in order to apprehend criminals, even in cases when this…… [Read More]
Due process is a pivotal aspect of personnel management, particularly within the public school environment in which I am currently employed at a middle school in Brooklyn, New York. This issue is oftentimes complicated by current tenure laws within the State of New York, a number of which have recently come under intense public scrutiny. This document will explore the nature of due process and some of the legislation relating to tenured and non-tenured individuals within New York through the means of a case study. The case study is applicable to anywhere, yet will be examined within this document as though these people and events took place at the aforementioned school at which I am employed. The crux of the case study is that I am a principal at this learning institution in which there is an effective, yet somewhat rogue teacher who is accused by the parents of a…… [Read More]
The areas where there is a divergence from the desired outcomes can then be examined to identify why there is a divergence and assess how that divergence may be decreased (Breygogle et al., 2001).
Different approaches to implementation of 6 Sigma exist, DMIAC is one of these, with the different stages being define, measure, analyze, design and verify.
The definition of the issue for Riordan is how to improve the supply chain. It is a key aspect of the firms' ability to manufacture fans, if there are delays in the supply of goods there will be delis in manufacturing. As the firm has a level supply strategy for the majorly of the products, and goods are supplied out of stock when they are ordered, a delay due to supply chain issues may create delays in supplying customers,. Furthermore, to overcome this, the firm may need to invest more…… [Read More]
The main hazards related to LNG include:
upture due to Corrosion
upture while excavation
upture while excavation
upture during an earthquake
upture due to mechanical failure
upture at compressor
upture at inspection stations
Uncontrolled detonation of explosives
Blow-out of gas at head and subsequent fire
Gas leak from infrastructure
Fire involving combustible
LPG or Diesel
Diesel pump fire involving equipment brittle fracture valve Leaks
Welding failure welding casting failure
Mechanical overstressing of equipment Vibration
Failure due to external loading or impact
Underground pipe rupture of transmission pipeline
Pipe rupture at main line valve sites.
upture of adjacent gas pipeline
Uncontrolled detonation of explosives
Gas leak from pipeline infrastructure
Drop of pipe from pipe lifts
Accommodation fire involving combustible construction LPG or Diesel
Diesel fire involving mobile fuel tanker
Uncontrolled release of LNG
Uncontrolled release of refrigerant gas
Uncontrolled release of by- product…… [Read More]
Earliest Due Date (EDD)
This scheduling method is suitable for print jobs with strict deadlines. This scheduling rule orders the sequence of print jobs to be performed from the print job with the earliest due date to the print job with the latest due date (Hochbaum, 1999). EDD establishes processes in priority queue and whenever a scheduling event occurs and is released, the queue is then screened to get the next task closest to its deadline. The chosen task is then, next scheduled for execution in order to meet its corresponding deadline. Since it support fixed priorities, it is easy to predict whether the overload conditions will meet the deadlines. The processing time may be measured in hours, days, weeks or months depending on the nature of the print job. eview of historical performances of similar events and tasks is critical in establishing accurate estimated finish time. The most significant…… [Read More]
New Product, Service or Process
Produce a specification for an agreed project to implement a new product, service or process
Be able to plan for the launch of a project to implement a new product, service or process
Produce a project plan for an agreed project
Match appropriate resources to a Project
Cost all resources required for implementing a project
Agree timescales for the management and implementation of a project
Plan an appropriate strategy for the implementation of a project
Be able to implement a project
Implement a project in accordance with an agreed specification
Develop appropriate measures to monitor and evaluate progress and outcomes
Monitor the implementation of a project
Task 4: Be able to evaluate the outcomes of a project
Analyze the outcomes of a project in terms of the original project specification
Evaluate the outcomes of a project
Make justified recommendations for improvements to the project
Task…… [Read More]
Undoubtedly, the main beneficiary of such fierce competition is the customer who will be able to choose among several reliable products (http://en.wikipedia.org/wiki/iPod).
Thirdly, iPod has proved to be an excellent consumer-oriented item as it has made available revolutionary features (like modern design, lighter weight, high capacity) to the masses due to the average price established. Thus, in return for a moderate sum of money, people can take with them their favorite songs.
Fourthly, iPod has had a considerable social impact as it has succeeded in warming up human relationships. Steven Levy (2006) suggested that: "Music hits people's emotions and the purchase of something that opens up one's entire music collection...makes for an intense relationship." This idea was also reiterated by professor Katch from the University of Michigan who said that when students saw him with his iPod, "a sort of bounding" occurred (Levy, 2006).
Consequently, the generation gap is overcome…… [Read More]
This means that they can describe exactly what services can be provided "in budget," and it also provides a means of "weeding out" those vendors who are unable to provide the service under the stated budget amount.
Expected time frame for the project -- in many cases, the time frame in which a vendor can provide a service is every bit as important as the bid price (sometimes more so). Here, it is important to indicate all of the important time specific information concerning the project, including due dates, time sensitive milestones, scheduled meetings, etc. It may also be a good place to indicate possible areas of flexibility (particularly useful when dealing with a high-demand vendor market.
Detailed explanation of the project -- a brief, yet detailed explanation of the key requirements of the project with an emphasis on the vendor's responsibilities. It may not be necessary to explain all…… [Read More]
picture of how nonprofit organizations balance their procurement processes by applying a phenomenological method to investigate the procurement methods, by categorizing the knowledge of participants. This involved the analysis of survey results in order to pinpoint the fundamental challenges that nonprofits face in conjunction with finding a means of improving the procurement processes. This was an investigation founded on an intensified approach to epistemology. Other models, such as the descriptive and analytical approach were also harnessed to help explain this particular topic. Surveys are of the most pinnacle and fundamental means of gathering enquiries to the information that exists, analyzing them to engage in a critical evaluation of the data. This survey seeks to shed light on the entire task of procurement, which generally refers to the manner in which goods are acquired, via a procuring entity and through the use of public funds. "Public bodies have always been big…… [Read More]
etrieved September 28, 2009, doi:10.1080/014428700114008
McClain, P. (1990, Winter 1990). Agenda Setting, Public Policy and Minority Group Influences: An Introduction. Policy Studies eview, 9(2), 263-272. etrieved September 28, 2009, from Academic Source Complete database.
Nakamura, . (1987, August). The Textbook Policy Process and Implementation esearch. Policy Studies eview, 7(1), 142-154. etrieved September 28, 2009, from Academic Source Complete database.
Weimer, D. (2008, November). Theories of and in the Policy Process. Policy Studies Journal, 36(4), 489-495. etrieved September 28, 2009, doi:10.1111/j.1541-0072.2008.00280.x
David Dery. (2000, March). Agenda Setting and Problem Definition. Policy Studies, 21(1), 46. etrieved September 28, 2009, doi:10.1080/014428700114008
obert Nakamura. (1987, August). The Textbook Policy Process and Implementation esearch. Policy Studies eview, 7(1), 146. etrieved September 28, 2009, from Academic Source Complete database.
As cited in Nakamura, the Textbook Policy Process and Implementation esearch, 146.
As cited in David L. Weimer (2008, November). Theories of and in the Policy Process.…… [Read More]
" (p. 12) According to Cromer (2005) the literature that addresses the relationship between stressful life events and obsessive compulsive disorders does provide some degree of support implicating traumatic life-stress as being a factor in the onset and maintenance of the obsessive compulsive disorders however the exact relationship between the SLE and OCD "remains an empirical questions" specifically relating to "traumatic negative life events" (2005; p.13) Most of studies in this area investigation the association between SLEs and OCD have held limitations of: (1) small sample sizes; and (2) difficulty of establishing retrospectively the temporal relationship between onset and SLEs; and (3) a limited scope with regard to the effect of SLEs on OCD. (2005; p.13) Cromer relates that "mounting evidence suggests that early life-stress, in particular may preferentially incline individuals to develop adult psychiatric disorders." (2005; p.13) McCauley et al. (1997) states evidence from a large epidemiological investigation that…… [Read More]
The incentives of engaging a meaningful and thorough campaign is thus reduced. The chances of influencing the results of elections are significantly reduced leading to the decrease in the level of voter turnout. The political campaigns are therefore less likely to devote resources towards the encouragement of voter turnout. The reduction in the level of competition leads to the candidate placing more efforts in the process of securing his or her party nomination for the given district as opposed to gaining of the approval of the electorate. In a state that has been gerrymandered, the contesting candidate is almost assured of an express win if nominated. An example in California is during the 2004 elections when the Californias 3rd congressional district was declared vacant subsequent to the running for the higher office by the Republican Congressman Doug Ose. The remaining three stronger republican congressional candidates then campaigned vigorously against each…… [Read More]
The survey also underlined the fact that a lack of clarity was a real business problem and caused frustration, no matter how accommodating and helpful the personnel at ECFMG in particular.
Identify the level of measurement being used for each of your survey questions.
The survey was deliberately designed in a yes/no format for ease and because many of the study's takers spoke English as a second language. Thus, it is a nominal scale of measurement on all counts, as opposed to an ordinal scale, which would have asked survey recipients to rate the different variables on a numerical scale. Although this was an option, given the small sampling and the fact that clarity of response, rather than a vague 'okay' response was desired to address an area that was going to undergo definitive change, the nominal method was deemed to be adequate for this stage of the business research.…… [Read More]
Internal Business Process Perspective balanced scorecard turns attention aspects organization's operations possibility direct control managers employees.
The balanced scorecard at Duke's Children Hospital
In the context of a rapidly evolving society, the health care sector must also develop new mechanisms by which to keep up with the emergent changes and challenges. One example in this sense is represented by the implementation of business tools and techniques within the act of health care provision.
One relevant example in this sense is offered by Duke Children's Hospital in Durham, North Carolina, which implemented the balanced scorecard to address some critical problems with costs of health care provision and nurse dissatisfaction.
"Between 1993 and 1996 DCH's cost per case increased $4,389, while reimbursement declined, leading to a negative net margin in 1996 of $11 million dollars. During this same period, nurse productivity declined from 80th percentile to the 80th percentile, while patient and…… [Read More]
Australian Corporate Directors
The four step process of understanding business law is very helpful in arriving at some important conclusions about the case of Coco Ltd. And its recent accident. The four step process suggests provides a manner in which this problem can be properly understood and the correct actions may be implemented to prevent further problems. This part of the essay will advise the directors of Coco Ltd. Of their current problems.
Identify the Legal Issue
Before delving into the legal issues of this case it is important to understand the behaviour of Mr. Hugo, a director here at Coco Ltd.. Hugo, in a recent purchase from his in laws' Brett and Sandra cocoa plantation a disastrous terrorist event took place. During the transportation of nearly boat load of cocoa, the ship was attacked and sunk by terrorist pirates disguised as American Navy Forces. The ship was sunk with…… [Read More]
isk Management Plan Due Week 4 worth 240 points Note: The assignments a series papers-based case, located Student Center shell. The assignments dependent . In assignment, create a risk management plan.
Scope and objectives of risk process
The project consists of fixing of the firm's data security weakness and brand restoration. Brand restoration would ensure that the company is able to demonstrate to its customers that it is able to move past the data breach event. Brand restoration would also allow the company to continue competing without losing its customers. Fixing the weaknesses in its data security gives the company the opportunity to improve on its security measures. The company would also use this aim in strengthening its systems and implementing strict guidelines in regards to data security. The scope of the project would require the company to communicate to its customers about the data breach osenbaum & Culshaw, 2003.…… [Read More]
Motor Processes in Sport
Tom is an 18-year-old goalkeeper who recently moved up in class from youth to adult football. He was an early maturer and has a history of being more advanced in soccer than his peers but now a weakness is exposed. He never learned to kick with his left foot and this has been a problem at this level. The current paper discusses the proposed reasons for his difficulty and outlines a plan of intervention.
Understanding the Effects of Early Maturation as They Apply to Tom
The traditional view holds that early maturation in boys has more positive consequences for psychosocial adaptation than late maturation. The early literature by researchers like Mussen and Jones (1957) described early-maturing boys during late adolescence (17 -- 18 years) as having higher self-esteem and self-confidence, a more positive self-image, and as being more socially mature, which may have led to more…… [Read More]
Team Process Selection:
Setting SMAT goals and avoiding social loafing
For the purpose of this paper, I agreed to volunteer on a local committee designed to reduce childhood obesity in our immediate area. As is the case with many communities, the increasing BMI of children due to unhealthy food consumption and a lack of places to exercise are of great concern, especially to parents of elementary and middle school-age children. The committee was designed to create a less obesegenic environment through a variety of initiatives for this age group.
The committee works closely with the local elementary and middle schools, providing suggestions and support to make it easier for children to walk to school. ecent efforts have included putting in new bike racks on school grounds and hiring an additional crossing guard, to make walking to school less hazardous. The school has also eliminated bake sales as a source of…… [Read More]