Thursday, January 30, 2020

The case of Webster v Doe Essay Example for Free

The case of Webster v Doe Essay The case of Webster v Doe deals with a case that ruled upon the balance between national security and the individual rights of an employee. It also rules on the issue of unlawful termination as a result of sexual discrimination. FACTS: Under the National Security Act of 1947, the Director of the CIA is empowered to terminate the employment of any employee of the CIA. The law provides that when the Director, in his discretion, perceives that an employee may pose a threat to the security interests of the United States he may unilaterally terminate the service of the former. In the case at hand, a former CIA employee was fired after he had openly admitted to another CIA employee that he was a homosexual. This termination was despite the fact that such CIA employee had received excellent and outstanding employee performance ratings. In justifying the termination, the CIA Director stated that the homosexuality of the former employee was deemed sufficient threat to the security interests of the United States. The dismissed employee soon filed suit alleging that the termination constituted a violation of the Administrative Procedure Act as well as his Constitutional Right to Property, Liberty and Privacy. The CIA Director, on the other hand, cites that decisions made under the provisions of Section 102 of the NSA grant him such power. ISSUES: 1. ) Do the provisions of the APA supersede the provisions of NSA with regard to the termination of employees? 2. ) Is the act of terminating the employment of a government employee based on sexual preferences in violation of the United States Constitution, particularly the First, Fourth, Fifth and Ninth Amendments? HELD: The Supreme Court ruled that the NSA law precludes any form of judicial review for acts that are not repugnant to the protection of a person’s Constitutional Rights. In an effort to uphold the law and the purpose for which it was enacted, Protection of National Security, care must be taken in construing the grant of power that is provided. The CIA Director is granted considerable discretion in terminating the employment of individuals. As far as the laws on procedure are concerned, the CIA Director is allowed, by law, to terminate the services of anyone deemed to be a threat to the security interests without complying with the requisites of the APA law. Matters of procedure, according to the Supreme Court, cannot be taken to more important than matters of public policy and national security. However, when the acts constitute violations of the Constitution and infringe upon the constitutionally guaranteed rights of individuals, the Constitution must be understood to prevail.

Wednesday, January 22, 2020

The Chosen, My name is Asher Lev, In the Beginning, and The Book of Lights :: Comparison Compare Contrast Essays

Assimilation and the American Jew in Potok’s The Chosen, My name is Asher Lev, In the Beginning, and The Book of Lights.  Ã‚  Ã‚   America has always been a country of immigrants, since it was first settled by Europeans over five hundred years ago.   Like any country with a considerable immigrant population, American has always faced the problem of assimilation.   Because America was founded and settled by immigrants, her culture is a combination of the cultures of other countries. Should these immigrants isolate themselves from the mainstream American culture, or should they sacrifice the culture of their homelands for the benefits American culture has to offer?   Judaism in particular has had to deal with the assimilation question.   One of the world’s oldest religions, it has remained strong over its six thousand year history by remaining distinct – and isolated – from other cultures. Chaim Potok focuses on how Orthodox and Hasidic Jews have handled this problem in his books The Chosen, My name is Asher Lev, In the Beginning, and The Book of Lights. Many of Chaim Potok’s characters want the American Jewry to remain isolated from the mainstream American culture: The world kills us! The world flays our skin from our bodies and throws us into the flames! The world laughs at Torah! And if it does not kill us, it tempts us! It misleads us! It contaminates us! It asks us to join in its ugliness, its abominations! (The Chosen 127)  Ã‚   The Chosen â€Å"deals with the problems Jews have faced in trying to preserve their heritage – in particular, the problem of how to deal with the danger of assimilation† (Young). The Jews have always been professionals occupying jobs in medicine, law, education, and other fields requiring a college degree. American Jews, however, face a dilemma: â€Å"Ideas from this secular world inevitably impinge upon an individual born in a church community or a synagogue community, especially when that individual embarks on a college experience† (Potok 2). American Jews must either take on nonprofessional jobs, assuming an identity completely different from that of European Jews, or expose themselves to secular America. Isolation is thoroughly impractical for the American Jew. Chaim Potok’s works often focus on main characters whose talents draw them to the outside world:    When individuals are brought up in the heart of such a community or culture [as Danny’s and Reuven’s did in The Chosen] they learn to commit themselves to its values †¦ They see the world through the system of values of that unique community.

Tuesday, January 14, 2020

Would fall under.

This lowering of production costs stems from a procurement strategy called Low-cost country sourcing (LAICS). I The abundance of cheap labor in Thailand gives the country and its businesses an edge, as they are now able to produce their products at a much lower cost and thus be able to gain a comparative advantage against their rivals from other countries like the US. With regards to exporting to Thailand , as the economy is still in its stages of infancy and the people Just beginning to open up to leisure sports such as RollerBalding , Blades may be able to gain the first-mover advantage by venturing In to Thailand at this point In time. In addition, the good relations and ties that Blades may build with some of their Thai suppliers, could help to ease their efforts in to breaking into the Thai market and exporting to Thailand Furthermore with the rising affluence amongst the people in Thailand, it is likely that more individuals would turn to leisure sports such as, roller balding, during their free time.Coupled with youths in Thailand becoming increasingly â€Å"Americanizes†. This trend therefore, poses as an excellent opportunity for Blades to boost sales In Thailand to off-set the falling demand being experienced In the US. Finally, by exporting to Thailand, Blades Is able to diversify their sales and operations overseas. This way, should their business take off in Thailand, the profits from their foreign subsidiary would be able to offset the falling demand for their products in the US to ensure the company's sustainability and also investor confidence.Question 2: In the short run, one of the disadvantages would be facing sales that may fall short of expectations due to the ongoing political conflict In Thailand. This potential fall In sales is a result of country risk. The protests and riots as a result of the political instability in the country could deter Blade's target audience from purchasing their products due to them preferring to stay saf e at home than subject themselves to unnecessary harm whilst shopping. Another disadvantage, would be the exchange rate risk which would come about with the currency fluctuation of the Thai Baht.Blades would be more affected by an appreciation of the Tall baht rather than a appreciation. This Is as when the Thai baht appreciates, the raw materials and production costs would become relatively more expensive as one US dollar is now worth less in Thai Baht. This would then drive up their overall cost of production and without any change in demand or sales, result in lower profits. In the long run, Blades should be aware of the international economic conditions as a recession could be disadvantages to the company. With a recession, sales would be affected as blades would fall under.Another disadvantage in the long run would be the isolations that could be implemented by the governing body after Blades have successfully established their subsidiary. Examples would be changes in the regul ations for Multi-National Corporations (Mans) like Blades in the country and increase in taxes. All these changes would equate to inconvenience for the company and possibly an increase in their operations cost in the case of an increase in taxes. All these disadvantages should be carefully thought through by Ben Holt and his team as they could impact the commercial viability of setting up a subsidiary in Thailand.

Sunday, January 5, 2020

How Technology Has Changed The Health Care Industry

Technology has been advancing with the years, and it has changed how people live, communicate, travel, and learn. In particular, healthcare has changed due to the continuous technological advancements. Robotic advancements specifically have been transforming the health care industry. It is becoming noticeable that robotics are now being used for a variety of purposes in healthcare including drug making, moving supplies, administering drugs to patients, and monitoring patient vitals. A progressing form of robotics in healthcare is robotic surgery. One of the top functioning robotic surgery devices is the da Vinci Surgical System. Since 2000, surgical device has completed over 20,000 surgeries, which has set up the movement of using†¦show more content†¦Nurses and other health care providers have to be able to provide the proper education about robotic surgery for their patients, so it is essential that they know all aspects about this technology. One of the most important as pects to any new technique in healthcare is to develop enough information to decide if the benefits outweigh the risks. According to the Wall Street Journal, in 2000, there were only 1,000 robotic surgeries globally. That number increased to 360,000 in 2011 and 450,000 last year (Pinkerton, 2013). Almost all sources, including the da Vinci Surgical System website, have specified that for the patient, who receives robotic surgery, usually experiences less blood loss, a shorter hospital stay and less dependence on postoperative pain medication. There is also a benefit in cosmetics where there is no evidence of big scars since robotic surgery instruments enter through tiny incisions (da Vinci Surgical System, 2015). Benefits related to the surgeon include decreased back pain and greater range of motion and precision. This is because the procedures do not have the surgeons constantly bending over an operating table for however long the surgery would take. According to Becker (2012), the enhanced screen with 3D like image and three interactive robotic arms, all with the capability of achieving range of motion greater than the human