Judicial Activism vs Judicial Restraint Essay Example For Students

Judicial Activism vs Judicial Restraint Essay Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life,and thus whose decisions shape the lives of We the people for a long time to come. Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (Emancipation Proclamation of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of We the people. Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by the law as property and not even citizens of the United States. As well, in Plessy v. Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (separate but equal). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land. However, as one critic points out, No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to its side in a pinch. However, anticipating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Courts small size allows the Constitution to speak with a unified voice throughout the country. Bibliography: .

Computer Crime (2899 words) Essay Example For Students

Computer Crime (2899 words) Essay Computer CrimeIts the weekend, you have nothing to do so you decide to play around on yourcomputer. You turn it on and then start up, you start calling people with yourmodem, connecting to another world, with people just like you at a button pressaway. This is all fine but what happens when you start getting into otherpeoples computer files. Then it becomes a crime, but what is a computer crimereally, obviously it involves the use of a computer but what are these crimes. Well they are: Hacking, Phreaking, ; Software Piracy. To begin I will startwith Hacking, what is hacking. Hacking is basically using your computer toHack your way into another. They use programs called scanners whichrandomly dials numbers any generating tones or carriers are recorded. Thesenumbers are looked at by hackers and then used again, when the hacker calls upthe number and gets on hes presented with a logon prompt, this is where thehacking really begins, the hacker tries to bypass this anyway he knows how toand tries to gain access to the system. Why do they do it, well lets go to abook and see Avid young computer hackers in their preteens and teens arefrequently involved in computer crimes that take the form of trespassing,invasion of privacy, or vandalism. Quite often they are mearly out for a fun andgames evening, and they get entangled in the illegal use of their machineswithout realizing the full import of what they are doing, I have a hardtime believing that so lets see what a hacker has to say about whathe does Just as they were enthraled with their pursuit of information, soare we. The thrill of the hack is not in breaking the law, its in the pursuitand capture of knowledge., as you can see the hacker doesntgo out to do destroy things although some do. Its in the pursuit of knowledge. Of course this is still against the law. But where did all of this start, MIT iswhere hacking started the people there would learn and explore computer systemsall around the world. In the views of professional hacking is like drugs or anyother addictive substance, its an addiction for the mind and once started itsdifficult to stop. This could be true, as hackers know what they are doing iswrong and they know odds are they will be caught. But as I mentioned somehackers are just above average criminals, using there skills to break in banksand other places where they can get money, or where they can destroyinformation. What a hacker does at a bank is take a few cents or even a fewfractions of a cents from many different accounts this may seem like nothing butwhen all compiled can be alot. A stick up robber averages about $8,000 eachjob, and he has to put his life and personal freedom on the line todo it while the computer hacker in the comfort of his own living room averages$500,000 a j ob. As for people destroying information, this is fortaking some one down, destruction of data could end a business which for some isvery attractive. It can cost a company thousands of dollars to restore thedamage done. Now that you have an understanding of what a hacker is,it time to move on to someone closely associates with a hacker. This is a Phreak,but what is that. For the answer we turn to the what is known as theOfficial Phreakers Manual Phreak 1. The action ofusing mischievous and mostly illegal ways in order to not pay for some sort oftelecommunications bill, order, transfer, or other service. It often involvesusage of highly illegal boxes and machines in order to defeat the security thatis set up to avoid this sort of happening. v. 2. A person who usesthe above methods of destruction and chaos in order to make a better life forall. A true phreaker will not go against his fellows or narc on people who haveragged on him or do anything termed to be dishonourable to phreaks . n. 3. A certain code or dialup useful in the action of being a phreak. (Example:I hacked a new metro phreak last night.) The latter 2 ideas ofwhat a phreak is, is rather weird. A Phreak like the hacker likes to explore andexperiment, however his choice of exploring is not other computer but the phonesystem as a whole. Phreaks explore the phone system finding many different waysto do things, most often make free calls. Why do they do this, A hackerand phreaker will have need to use telephone systems much more than an averageindividual, therefore, methods which can be used to avoid toll charges are inorder. . A phreak has two basic ways of making free calls, he can call upcodes or PBXs on his phone and then enter a code and make his call or he can useElectronic Toll Fraud Devices. Codes are rather easy to get the phreak will scanfor them, but unlike a hacker will only save the tone(s) number instead of thecarrier(s). Then he will attempt to hack the code to use it, these codes rangefrom numbers 0 9 and can be any length, although most are not more than 10. Electronic Toll Fraud Devices are known as Boxes in the underground. Most arethe size of a pack of smokes, or than can be smaller or bigger. I will not gotoo deep. They are electronic devices than do various things, such as makeoutgoing calls free, make incoming calls free, simulate coins dropping in aphone, etc. People who Phreak are caught alot these days thanks tothe new technology. Software Piracy is the most common computer crime, it is theillegal coping of software. People wouldnt think of shoplifting softwarefrom a retail store, but dont think twice about going home and making severalillegal copies of the same software. and this is true because I myself amguilty of this. The major problem is not people going out and buying thesoftware then making copies for everyone, its the Bulletin Boards that cater topirating software, that really cause the problem. On anyone one of these boardsone can find an upwards of 300 1000+ of pirated software open for anyone totake. This is a probl em and nothing can really be done about it. Few arrests aremade in this area of computer crime. I will now devote a brief section to theabove mentioned BBS , most are legal and do nothing wrong. However there aremany more that do accept pirated software, pornographic pictures, animations ,and texts. As well as a trading area for phone codes, other BBS, Credit Cardnumbers, etc. This is where a majority of Hackers and Phreaks come, as well asthose who continue to pirate software come to meet and share stories. In this isa new world, where you can do anything, there are groups that get, crack, andcourier software all over the world some of them are called: INC: InternationalNetwork Of Crackers, THG: The Humble Guys, TDT: The Dream Team. As well a numberof other groups have followed suit such as Phalcon/SKISM (Smart Kids Into SickMethods), NuKE, and YAM (Youngsters Against McAfee) these are virus groups whowrite and courier their work anywhere they can, they just send it somewhere,where anyone can take it and use it in any manner they wish, such as gettingeven with someone. All of these activities are illegal but nothing can be done,the people running these boards know what they are doing. As it stands rightnow, the BBS world is in two parts Pirating and the Underground, which consistsof Hackers/Phreaks/Anarchists/Carders(Credit Card Fraud)/Virus programmers. Allhave different boards and offer a variety of information on virtually anysubject. Well from all of this reading you just did you should have a fairlygood idea of what computer crime is. I didnt mention it in the sections but thepolice, phone companies are arresting and stopping alot of things every day. The sun also rises: Summary and Analysis of Epigraph and Chapters 1-4 Essay(McDonald, 1997) Clearly, anti-virus software is one of the smartest buys acomputer owner can make. There are nearly 10,000 known computer virusesthreatening the worlds personal computers, with effects ranging fromrelatively harmless to ferociously destructive. (Cope, 1998) Thesetroublemakers can spread to personal computers easily from an infected floppydisk, as well as from files downloaded onto the hard drive from an e- mailattachment and the Internet. (McDonald, 1997) Despite the great reviews of theseantivirus programs, many computer researchers maintain a sense of skepticismtowards complete protection. Regardless of how sophisticated antivirustechnology may become, computer viruses will forever remain in an uneasycoexistence with us and our computers. (Chess, 1997) Unless there areupdates to virus scanners every few minutes, no one is completely safe from adestructive virus. New viruses are popping up so fast that virus scanner vendorscannot hope to keep up with them. Even with the best of tools and policies,bulletproof security is probably unattainable. High costs, changingnetworks and software versions, incomplete security tools, and the growing poolof ingenious and dedicated hackers prohibit this. (Hackers,1997) The numbers of people who can create new viruses have also increased. (Yang, 1998) , a group of hackers quickly cracked amuch-vauntedcode using relatively simple brute force techniques.(Hackers, 1997) This breach of security was only five weeks afterthe data security invited the attack in the hope of proving its codes resistantto such attacks. Over several years, people have been perfecting the care ofpersonal computers. However, over that same amount of time, others have beenhard at work to develop new ways to cause a system to crash. Someproblems with a personal computer cannot be stopped, but preventative action cantake place for viruses. Every computer user should be equipped with an antivirusprogram; there is no way of predicting whether or not a simple file contains atremendous virus. The user must leave such a decision to the computer itself;only it can detect and destroy the virus. By purchasing a simple antiviruspackage, each computer user can hamper viruses from entering and destroying hispersonal computer. After taking all of the costs into consideration, it is muchmore expensive to rebuild a computer after destruction than it is to purchase aneffective antivirus software package. BibliographyChess, David, Jeffrey Kephart, Gregory Sorkin, and Steve White. Fighting Computer Viruses: Biological Metaphors Offer Insight into ManyAspects of Computer Viruses and Can Inspire Defenses Against Them.Scientific American Nov. 1997: 134-138. Computer. The World BookEncyclopedia. 1997. Cope, Jim. A Buyers Guide To Virus Protection: Getthe Lowdown on Six Win 95 Programs that Keep Digital Bugs from Invading your PCand Destroying your Files. NetGuide Mar. 1998: 143-146 Hackers,Terrorists, and Spies: You know theyre coming at you. Can you stop them?Software Magazine Oct. 1997: 76. McDonald, Glenn. Viruses: An Anatomy ofMass Hysteria. PCWorld Sept. 1997: 123-125 Miastkowski, Stan. VirusKillers 1998: This Year, Macro Viruses are Running Rampant. Which AntivirusProgram is Your Best Defense? PC World Mar. 1998: 114-116. Yang, W.D. Be Aware of Viruses and Use Protection. Computer Times 18 February1998: 85-89. Yegulalp, Serdar. Head to Head: Antivirus Software VirusProtection Superheroes. Windows Magazin

Writing a Sample Why Essay

Writing a Sample Why EssayAfter obtaining a Bachelors of Science in Medical Sciences, you may have found yourself in the position of wanting to write a sample why essay. Here are a few tips for writing a sample why essay that can help you write an effective one.First, be sure to use an easy way to move the topic along. The reason why is a very important aspect to any essay, and this sample why essay should be easy to understand. Many people struggle with the wording of this essay due to a lack of previous information on the topic. So be sure to find a way to talk about the subject, without being too specific. For example, use an example instead of using a specific number or disease.Second, use a sample why essay as a guide to writing your own, rather than just an example. This will show you how to write a more difficult and challenging sample why essay.Third, be sure to go back and review any topic that is less important than the topic that you have chosen to use as your guide. This can be done by going back and looking at the why part of your original essay. Do this so that you can see how you used to write the sections that are less important.Fourth, when writing the entire essay, be sure to include any kind of personal experiences, a whole life experience, or even a case study. The reason why is a very important aspect to any essay, and this sample why essay should be easy to understand.Fifth, make sure that all of your points can be backed up with sources. This is a very important tip to help ensure that you don't leave out anything, and you also want to make sure that you don't make any errors in grammar and writing.Finally, you may want to prepare a sample why and essay to look over, before you actually begin writing it. This can help you get used to writing for medical terminology and other terms that you may need to know. This can help you develop a strategy for learning how to write a medical essay.

Connecticut Yank Essays - Time Travel Films,

Connecticut Yank A Connecticut Yankee in King Arthur's Court is a complicated novel that fundamentally deals with the concept of the human experience. Hank Morgan is a nineteenth century mechanic who is transported back thirteen centuries to medieval Britain, during the time of King Arthur. After his initial shock, he becomes determined to civilize Camelot by introducing modern industrial technology. At an initial look Twain seems to be favoring the industrialized capitalist society that he lives in over the feudal society of medieval Britain. But in a closer examination of the work it becomes clear that this observation is much too simple, as the industrial world that Hank Morgan creates is destroyed. Therefore the book can be viewed as a working out of the idea that a quick change in a civilization brings disaster. Civilization and change need to be developed, or at least explained within the culture itself, in order for them to become lasting institutions. Hank's failing is that he believes that h e is superior to everyone, and that he can change the society of Camelot simply by introducing technology. Hank becomes the boss of Camelot, and begins his plans to free the serfs and establish a republic. However his plans are destined to fail because he is incapable of understanding values that are different from his own; he is the ultimate know-it all, and sets out to remake the world in his own image. He is given the choicest suite of apartments in the castle, after the king's(Twain 31), but he criticizes them because they lack the conveniences of the nineteenth century, such as a three-color God-Bless-Our-Home over the door(Twain 32). His lack of acceptance of the local culture is also seen through his Victorian modesty, he sleeps in his armor because it would have seemed so like undressing before folk(Twain 60), even though he had clothes on underneath, and he is repelled by the language used in mixed company. Although Hank says he only wants to help the poor people of Britain who in his words ? were merely modified savages(Twain 61), create a society like his own where ?all political power is inherent in the people?(Twain 65) instead he promotes himself to the level of despot. He continually criticizes the structure of feudal society because it was a place where, a right to say how the country should be governed was restricted to six persons in each thousand of its population(Twain 65), but he sees himself above reproof. Here I was, a giant among pigmies, a man among children, a master intelligence among moles?(Twain 40). Hank forgets his own humanity and begins to believe that his knowledge makes him more of a man, just as the nobility that he shunned believed they were better than the serfs because of the titles they held. Hank Morgan uses his superior knowledge of technology to gain personal power. It soon becomes clear that even though thirteen hundred years have given Hank a technological advantage, they haven't made him any smarter. Hank possesses all of this technological knowledge, but fails to understand the implications that this knowledge will have on the people of the Camelot. Instead of educating the general public and teaching them how and why something works instead he sends a select few to his man factories. He uses his knowledge instead to produce fantastic miracles, which although they give him personal power, continue to perpetuate the superstitions of the populace that he is trying to overcome. For example, Hank is asked to fix the well at the Valley of Holiness. He installs a pump that will return the water, but instead of explaining the principle behind the pump, Hank keeps the people in the dark and passes off the project as a great miracle. Afterward he says, ?the populace uncovered and fell reverently to make a wide way for me, as if I had been some kind of superior being-and I was.(Twain 131) It is evident from this that Hank is obsessed with his power. It seems ironic that the very ignorance that he deplores in the people is the same thing allows him to obtain power. It is this lack of willingness to share his knowledge that

USS Pensacola essays

USS Pensacola essays My grandfather, who is still alive today, joined the United States Navy in 1944, as a young man. He went through basic training at Great Lakes Training Base. After his graduation from basic training, he was sent to the South Pacific for duty. His first assignment was in the Admiralty Islands on a floating dry dock. After a short tour there, he was sent to the Philippine Islands where he was assigned duty with the Naval Supply Depot and the 24th Seabees. His job there was to oversee the establishment of a supply depot for supplying the 5th and 7th fleet. My grandfather oversaw the unloading of the many incoming cargo ships that were carrying war supplies and much more. The location of this supply depot was in a hot zone that took on fire many times each and every day. It was mostly sniper fire. According to my grandfather, the snipers were not very good. They scored very few actual hits. They were taken out by United States forces. The sailors would typically take cover u ntil the fire stopped, and then resume working. My grandfather spent slightly more than one year in the Philippine Islands. Once the war was declared to be over, and the smoke had cleared from the two atomic bombs that were dropped on Nagasaki and Hiroshima, he transferred back to the 7th fleet. He was assigned duty on the USS Pensacola (CA-24). The USS Pensacola was a heavy cruiser that was named after the city of Pensacola, Florida. This heavy cruiser was built at the Navy Yard, New York, at a cost of $11,100,000. It was launched from the Navy Yard on April 25, 1929. This amazing ship stood sixty five feet three inches tall and measured five hundred eighty five feet seven inches long, displacing nine thousand one hundred tons of water. There were ten eight inch fifty five caliber guns, eight five inch twenty five caliber guns, and several twenty and forty millimeter canons. The heavy cruiser was capable of air attacks, surface engagements, and ...

AirTex Aviation Essay Example | Topics and Well Written Essays - 1750 words

AirTex Aviation - Essay Example This company is rather a challenge for its new owners to put it on the right track of profitable business activities. The two owners initially managed to infuse $500,000 into the business as working capital employed to meet the company's short term debts, obligations and even the expenses that are to be paid in the current year The management of cash and accounts receivable are the most important assets of the company, but the company lacked proper recording, calculating and collecting the accounts receivable and turn them into cash efficiently Ted gave the collection of accounts receivable a new direction. It delegated the responsibility of dealing with the debtors, credit grant and collection of accounts receivable to the departmental managers themselves The company owed the bank $300,000 against the notes payable and the company would have gone for bankruptcy if the bank had called for the payment of liabilities, indicating poor liquidity position of the company. Ted met this challenge by strengthening relationship and building trust of the bank manager in the company's new management and their abilities. This made the company became eligible to get more loans and borrowings from the bank and meet any credit uncertainty. AirTex Aviation was on the brink of bankruptcy due to poor management caliber shown by its ex-owner that had lead the company to such a position Previously, all the management power and influence were rested on the single person who was an accountant for the company The company was very weak in terms of its Organisational structure and the dispersion of power and authority remained confined to a single accounting manager that hindered the free and direct flow of communication between the manager and the workers The company lacked educated and trained employees, furthermore, most of the workers in the company are reluctant to change, of any kind especially, education, training and application of new technology etc that could serve to be the greatest hindrance in its course of success Most of departmental managers were old-aged people who were supposedly less willing to adopt the new trends and technologies The two new owners of the company lacked the industry-related skills and knowledge of the business that may affect the growth of their business There had been a severe lack of communication and coordination among the managers and the workers, also the managers confront with the lack of decision-making powers and rights. After the acquisition, the revised structure of organization and decentralization of power resulted in enhanced decision making skills of the managers and an improvement of departmental education and learning The departmental level of accounting was required to be done by the

Challenges facing ESL - High School students in acquisition of writing Essay

Challenges facing ESL - High School students in acquisition of writing and communication skills - Essay Example Challenges facing ESL- High School students in acquisition of writing and communication skills Challenges faced by ESL students differ depending on the above listed classification. The immigrants are considered to be likely to experience least amount of challenges because they have already received formal education in their native countries that included learning English as a foreign language. They usually visit English speaking countries out of their own personal choices hence more prepared for the challenges ahead. In most cases, they have decent family background marked by intact family units and financial stability. Despite these factors, such students still face challenges such as difficulties in adapting to the new culture, conflict of cultures in terms of what is learnt at home and what is learnt at the new school, varying abilities in the understanding of the English language and conflict in terms of what s learnt and practiced at home and the nee foreign schools. International students are characterized by the fact that they are in foreign schools for purpose of pursuing their studies on a temporary basis. They are driven by the passion to learn English and get integrated into the new culture. In most cases, they have already studied English as foreign language at their lower levels of study in their countries of origin and are usually well educated in other spheres of life.