Crosby V. National Foreign Trade Council

Crosby V. National Foreign Trade Council (99-474) 530 U. S. 363 (2000) 181 F. 3d 38, Affirmed. Crosby, Secretary of Administration and Finance of Massachusetts, Et Al. V. National Foreign Trade Council. Certiorari to the United States Court Of Appeals for the First Circuit. No. 99—474. Argued March 22, 2000–Decided June 19, 2000 2. Substantive Facts The State of Massachusetts barred companies of the state from going into financial negotiations with those companies that were having financial transaction with Burma.This law was passed in 1996. This law was followed by a subsequent conditional and mandatory imposition of sanctions on Burma by the Congress. After these incidents dissents arise from different quarters and the Council acted as respondent suited a file against the State of Massachusetts. The reason behind this was that much of the members of the Council were affected by the law. This suit was filed in the Federal Court. 3. Procedural HistoryThe main aspects of the issue was related to the fact that it was claimed that the State of Massachusetts was acting in an unconstitutional manner and it was an alleged infringement â€Å"on the federal foreign affairs power, violates the Foreign Commerce Clause, and is preempted by the federal Act. The District Court permanently enjoined the state Act’s enforcement, and the First Circuit affirmed† (Supreme Court of The United States, 1). 4. Issues legal questionThe fundamental legal question in this context was whether it was permitted under the jurisdiction of the State of Massachusetts to intervene in issues related to imposition of law that would directly affect a State and whether it was permitted under the jurisdiction of the State of Massachusetts to infringe on the grounds of Federal Foreign Affairs. 5. Broad holding Under the broad parameters of the law it could be stated that it is important to uphold the national policies in order to defend the Congress’s intention of f oreign policies.Under the same parameters it could also be stated that the policies of the Federal Foreign Affairs should not face any obstacle under any circumstances. It could be stated that â€Å"the state Act interferes with Congress’s intention to limit economic pressure against the Burmese Government to a specific range† (Supreme Court of The United States, 1). 6. Narrow holding The specific facts of this case indicated that the â€Å"Congress’s failure to preempt state and local sanctions demonstrates implicit permission–is unavailing† (Supreme Court of The United States, 1).However it should be stated that the basic assumption of the Supreme Court Clause hardly recognizes the conflict of interest between State Law and Federal Law system. 7. Doctrinal Reasoning The ruling stated that â€Å"the state Act is preempted, and its application unconstitutional, under the Supremacy Clause† (Supreme Court of The United States, 1). It should be mentioned that the doctrinal reasoning behind this rule is based on different previous cases and follows a specific line of explanation.It was stated that â€Å"even without an express preemption provision, state law must yield to a congressional Act if Congress intends to occupy the field, California v. ARC America Corp. , 490 U. S. 93, 100, or to the extent of any conflict with a federal statute, Hines v. Davidowitz, 312 U. S. 52, 66—67† (Supreme Court of The United States, 1). Additionally the† Barclays Bank PLC v. Franchise Tax Bd. of Cal. , 512 U. S. 298† was also used (Supreme Court of The United States, 1).It was reasoned that the State law was barring the basic objectives and purposes of the Congress it was not possible to oblige both the Federal and the State Law at the same time and no individual or party was able to satisfy both laws at one time. It also stated that â€Å"the state Act is such an obstacle, for it undermines the intended purpose and natural effect of at least three federal Act provisions† (Supreme Court of The United States, 1). 8. Policy Reasoning The social consideration in this context of the case between Crosby V.National Foreign Trade Council was very clear and precise as the fundamental question of the case was directly related to the international status of the country and the credibility of the National Foreign Trade Council as an effective policy maker. Thus the greater aspects of the national integrity were taken into consideration while ruling. 9. Miscellaneous The basic dissent relating to the case Crosby V. National Foreign Trade Council raised from the fact that it was argued that the National Foreign Trade Council should not be taken into consideration while judging the internal financial activities of a State.It is also argued that a State is assumed as a fundamental sovereign power to impose of rule out policies that are associated with the State affairs. Thus it was argued that the ruling was against the sovereignty of the State. References: Supreme Court of The United States. 2000. Crosby V. National Foreign Trade Council (99-474) 530 U. S. 363 (2000). Supreme Court Collection: Cornell University Law School. Retrieved on 12. 09. 2007 from http://www. law. cornell. edu/supct/html/99-474. ZS. html

History of Life Through Time Essay

1. The website shows the basic phylogeny of the three main lineages of life forms. They are â€Å"Archaea,† â€Å"Eubacteria,† and â€Å"Eukaryotes. † It also shows â€Å"Viruses† outside of the tree, with a question mark indicating that its place in the tree is undetermined, if it belongs in the tree at all. 2. This site attempts to show the two alternative phylogenies of the major lineages of life forms. The â€Å"archaea tree† distinguishes two variations of archaea, and shows that archaea are more closely related to eukaryotes than to eubacteria. In the â€Å"eocyte tree,† archaea are not specified at all, but eukaryotes are shown as most closely related to crenarchaeota-eocytes, which was a derivation of archaea in the previous tree. 3. Viruses are not listed in these two phylogenies because they are not proven to be actual life forms. Where archaea, eubacteria and eukaryotes are classified as â€Å"life forms† due to their ability to transfer genes, viruses have not been determined to be living. They are therefore not included on these two phylogenetic trees. At the other website, , a detailed phylogeny of the Eukaryotes is provided. From this it is evident that Fungi are more closely related to Animalia than to Plantae. 5. Both sites show that the major life classifications are â€Å"Bacteria,† â€Å"Eukaryotes,† and â€Å"Archaea. † The â€Å"Tree of Life† site shows the alternatives to how closely the lineages are related, giving two examples of how the three domains may be nested within each other instead of being derived equally. The University of California site breaks down the systematics of each domain separately and more specifically, leaving the three domains as separate entities entirely. Works Cited History of Life Through Time. 2009. University of California Museum of Paleontology. 3 June 2009 . Tree of Life Web Project. 1997. Life on Earth. Version 01 January 1997 (temporary). 3 June 2009 in The Tree of Life Web Project, .

Management (the evolution of management) Essay Example | Topics and Well Written Essays - 2500 words

Management (the evolution of management) - Essay Example The Changes that has been made to these management practices are discussed. According to Weber, Bureaucracies are governed by a set of impersonal rules and procedures that are applied universally, without regard to the personal characteristics of particular individuals, and rationally designed to serve some broader purpose. For Weber, the use of expert specialists, impersonal norms, written document, and the discipline of a command hierarchy give bureaucratic organizations a reliability, regularity, and precision in the execution of tasks that no other form of authority equals. In a bureaucracy, each member repeatedly executes a particular function according to pre specified standards in the service of a larger collective goal. Fayol contributed to the technical understanding of organizational structure in several ways. He recommended that no subordinate receive orders from more than one superior, as this will lead to confusion, disorder, and ill will when the directives of different supervisors conflict. Fayol made the first strong arguments for the use of organization charts to clarify lines of authority and communication and to demarcate areas of responsibility. Taylor recognized an important fact about all organizations: If one works alone, the problem of work discipline is only one of self-discipline; but in a cooperative or collective work process, there is a problem of control or how to ensure that other people will do what you want them to do, sometimes known as the principal-agency problem. Taylor was determined to eliminate restriction of output and break all worker resistance to management control of work methods and pace. Taylor saw his mission as recapturing knowledge and control of the production process from the workers for management by using the scientific method. He interviewed and observed workers, conducted controlled experiments to determine the most efficient techniques and maximum output levels, and devised detailed work rules and wage incentives to enforce those methods and production targets. In order to gather the necessary information, Taylor had workers perform their jobs using different methods, and he observed and timed their every movement in detail, a procedure known as time and motion study. In this fashion, Taylor determined what he thought was the one best way a job should be performed. Until this time, engineers had standardized only physical inputs; now they would standardize the human inputs. Workers would work in rigid conformity to the prescribed method and would be expected to meet the output quotas that were determined to be feasible under this system. To use a contemporary phrase, Taylor believed that people worked "smarter not harder" when they used the best methods devised by scientific management. - (Handel, pp 14) Establishing a division of labor and hierarchy of authority Weber's Bureaucracies employ technically qualified, full-time experts assigned to unique areas of responsibility in a logical division of labor. There is a hierarchy of superiors and subordinates, and access to positions is based on

Readings Essay Example | Topics and Well Written Essays - 750 words

Readings - Essay Example Future philosophers Jeffery Reiman concludes that the existing systems of justice could be the best system in the world if its ideology is used wealthily and therefore cooperation is needed from the people to put this unjust social order in order. Yes by the Paul G Cassel, a District could Judge in United States argues that on the basics of this Miranda Rule, the warren court criminal procedure juris Prudence rays extraordinary and unparalleled chains over the police department which is our important social department The police strongly objected the rule as it is obstructing the investigative proceedings. Even cartoonists ridiculously sketched the law and its practices. A 120-page report was also made suggesting to over rule and abandon Miranda Rule. Also the law holds god to only those who are innocent of any crime. But what is the need to respect a criminal. These anti social elements observe the least. These can be some intermediate rule by which the doubtful respect is to kept under Miranda rule Stephen J. Shhulhofer agrees to the rule and had a opinion. He assets that US require Miranda protection to accused victims. According to him the rule has to be regarded as a compulsory constitutional requirement, which doesn’t cause any potential damage to criminal which effective enforcing the law. Yes Akhil Reed Amar Yale law professor argues that the execution of law is resetting in wrongful acquits and erroneous convictions. As the reliable evidence is excluded from the traits, it is becoming easy and helping guilty ones. While the rule is leaving a throbbing experiences on this innocent defendants. Answer is No from Michigan law professor, Yale Kamisar who is feeling contended with this constitution are together in an agreement so that there is no place to illegally obtained evidence. The court doesn’t require passing any orders for lawless activities in the act of enforcement of

To what extent can organisations minimise counterproductive or deviant Essay

To what extent can organisations minimise counterproductive or deviant behaviour - Essay Example prompt counterproductive and deviant work behaviors, discuses effects of these factors, and pinpoints diagnostic techniques as well as potential approaches for negating these behaviors. Counterproductive and deviant behaviors are employee behaviors, which violate organizational goals, rules, and policies, among other aspects of an organization. These deviant behaviors may be deliberate or unintended, and rise from a variety of underlying motivations and causes. In organizations, deviant workplace behavior is a prevalent, costly phenomenon, and includes several negative acts that employees exhibit to harm the organization and co-workers. These negative outcomes affect production, relationships, and properties. Interactions among employees or between employees and workplace environment also cause counterproductive and work deviant behaviors. In view of this, an employee is likely to exhibit counterproductive and deviant behaviors because of his/her personality or traits. Corporate envi ronment such as lax supervision and social context can also result in deviant and counterproductive behaviors. These behaviors include verbal and physical aggression, intentional improper work, absenteeism, theft, delays, and others. Organizations have the responsibility to counter these behaviors by use of appropriate strategies and techniques. Fodchuk (2007, p. 31) states that counterproductive work behaviors and organization citizenship behaviors are prompted by factors categorized into triggers, internal control, opportunity, and propensity. Triggers are external events, or perception of an individual concerning a particular event in an organization such as physical and emotional exhaustion, withdrawal behaviors, procedural justice, and supervisor abuse. Opportunities are circumstances or perceptions of situations that aid the exertion of counterproductive and work deviant behaviors by hindering desired outcomes, or rendering negative consequences relatively tolerable and less

Value Added Essay Example | Topics and Well Written Essays - 1500 words - 3

Value Added - Essay Example The unit profit is arrived at by calculating the difference between the production cost and the sale price. In order to determine the total value added is obtained by adding all the value added figures of all the units. Essentially, the difference between revenue and outside purchases is equivalent to total value added. In terms of analysis, the figure obtained of value added offers a range of interpretations. For instance, integrated companies usually regard value added as a higher portion of revenue whereas companies that are less integrated consider it as a lower portion of revenue. Another method of approximating total value added is by combining total labor expense, operating profit, and depreciation expense in that order (Mowen, Hansen, & Heitger, 2012). According to standard procedure, the operating profit must come before depreciation expense. Labor expense includes such items as benefits, wages, and salaries. The figure of total labor expense is usually considered as a retur n to labor while the value of operating profit is generally considered as a return to capital. Capital comprises of items such as land, properties, and capital goods. Normally, it is considered important to follow the standard procedure when arriving at the different figures. Factors of production are usually considered in terms of value added when determining the figure of value added in macroeconomic calculations. Calculating value added in national accounts usually involves capital and labor (Mowen, Hansen, & Heitger, 2012). Alternative definitions usually consider value added as the extra features, which extend over standard expectations of a given product or a service. Such items do not involve the cost of the product. According to some theoretical approaches, value added is considered as the difference in the prices incurred by a company over a product and the price paid by a customer for the same customer. As such, arriving at the figure of value added is through the determin ation of the difference in the prices. The figure is obtained by subtracting the company’s cost from the customer’s cost and then adding the figure of services to the results. Theoretically, value added could be understood in terms of the different enhancements that a business puts on a particular product with the objective of increasing the value of the product (Mowen, Hansen, & Heitger, 2012). In this manner, value added is considered as a determination of the different qualities that are created on a given product or service. Value added can increase the price of a give product or its value. Generally, value added is considered as one of the ways in which a firm enhances the competitive advantage of its products or services. Other perspectives on value added describe it as an increase in the value of goods or services as they transit from one stage of production to another.  

Management and Organization in Financial Services Essay

Management and Organization in Financial Services - Essay Example The same theories and principles of motivation obtain in the workplace. The same problems confront management about how to motivate officers and employees to become more productive, more perceptive, intelligent, and creative in order to drive company objectives of gaining a competitive edge and obtaining better-than-average results. This paper aims to discuss the concept and theories of motivation and seek to analyze how they apply in the workplaces of the US financial services industry. An understanding of what motivates workers effectively is important for those who would like to tap the human resource component of a financial services firm to contribute towards synergy in the achievement of organizational goals. Motivation is defined as the process of inducing a person or a group of people, each with distinct needs and personalities, to achieve the organizations objectives, while also working to achieve their own objectives (Stoner and Wankel 358). Despite the fact that every individual is unique, certain underlying principles and theories of motivation can be applied by managers to enable them to understand as well as predict peoples responses to task challenges. In a specific organization, the principal objective is stimulate employees to work and produce more effectively. In addition, it should also be an important goal to encourage current employees, particularly the efficient ones, to remain with the firm. Because the company may from to time increase or replenish its personnel, a corollary objective is to encourage potential employees to join the organization. There is a lot of productivity potential in most workplaces as it is estimated that about 75 per cent of workers acknowledge that they are performing below their potential (Stoner 360). The challenge to management is therefore how to tap that reservoir of energy and talent. The ability to contribute value through work may be