Sunday, September 15, 2019
Stolen Valor Act
Why can't we try to deter willful misrepresentations of fact by a modest fine, at least, if they create direct harm to others? Lies to those evaluating your credentials may do direct harm to others. If one lies to gain a job, something which seems to happen with increasing frequency, isnââ¬â¢t it a direct harm to others? Or, how about false representing as having received any credentials for something? The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006,[1] was a U. S. law that broadened the provisions of previous U. S. aw addressing the unauthorized wear, manufacture, or sale of any military decorations and medals. The law made it a federal misdemeanor to falsely represent oneself as having received any U. S. military decoration or medal. If convicted, defendants might have been imprisoned for up to six months, unless the decoration lied about is the Medal of Honor, in which case imprisonment could have been up to one year (Wikipedia). I personally donââ¬â¢t have any family members in the military, but I know friends who are in the military and I know they would be highly offended if someone falsely represented themselves to be a member of the military.Those men and women who serve our country risk their lives and have put work into whatever credentials they have earned and it is a great disrespect for anyone to falsely give oneself credit for something they have not earned. The purpose of the Act was to strengthen the provisions of federal law by broadening its scope and strengthening penalties. Specific new provisions in the Act included: â⬠¢granting more authority to federal law enforcement officers; â⬠¢broadening the law to cover false claims whereas previously an overt act had to be committed; â⬠¢covering the mailing and shipping of medals; and protecting the reputation and meaning of military heroism medals. The Act made it illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture ââ¬Å"any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces. â⬠In the 18 months after the act was enacted, the Chicago Tribune estimated there were twenty prosecutions. The number increased as awareness of the law spread (Wikipedia).The number of prosecutions continued to increase. Therefore, it was very clear that this was a tremendous issue and that the Stolen Valor Act was serving its purpose. Unfortunately, the majority disagreed saying that there is no proof that lying about medals degrades the value and honor of those who have actually earned those medals. Who could possibly agree to this? Well, government lawyers argued that lies about military medals are false statements that have no value and hence no first Amendment protection.On Thursday September 13, 2012, the U. S. House of Representatives passed a new version of the Stolen Valor Act. The f irst version of the Stolen Valor Act was struck down by the Supreme Court as a violation of the First Amendment. The bill focuses not on people who lie about having medals they didn't earn, but on any profits they make from lying about the medals, which is essentially criminal fraud. Rep. Joe Heck (R-Nevada) sponsored the new bill. His office issued a release saying the bill passed by a vote of 410-3.Heck said in a floor speech that the bill would survive judicial review because it resolves the ââ¬Å"constitutional issues by clearly defining that the objective of the law is to target and punish those who misrepresent the alleged service with the intent of profiting personally or financially. â⬠The bill targets those who falsely claim to have earned certain major military decorations, including the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart or a medal signifying you served in combat (CNNPolitics).In 2007, there was a cas e against a man named Xavier Alvarez who was an elected member of the Three Valleys Municipal Water District Board in Pomona, California. Alvarez said at a public water district board meeting that he was a retired Marine, had been ââ¬Å"wounded many times,â⬠and had been ââ¬Å"awarded the Congressional Medal of Honorâ⬠in 1987(NBCNews). However, he never served in the United States armed forces. Alvarez argued that his false statements were protected by the first Amendment right of free speech.Regardless, of his freedom of speech or anyoneââ¬â¢s, no one should be giving the right to lie about something so serious especially, if it dishonors the men and women who serve for us and our country. I believe that there should be a law protecting military members against people like Alvarez. Unfortunately, the majority opinion by Justice Anthony Kennedy said, ââ¬Å"The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. He a lso quoted from the famous dissent by Justice Oliver Wendell Holmes in the 1919 Abrams decision: ââ¬Å"The best test of truth is the power of the thought to get itself accepted in the competition of the market. Some false statements are inevitable if there is to be an open and vigorous expression of views in public and private conversation, expression the First Amendment seeks to guaranteeâ⬠(NBCNews). Kennedy might have a point, but I strongly disagree and believe it is unethical period.Moreover, the government shouldnââ¬â¢t allow anyone to make false statements of any kind if it disrespects their country and their people. This act has definitely been a long debate for some of us with reasoned arguments on both sides. In my view itââ¬â¢s unethical and it should have not been struck down by the Supreme Court. Yes, we live in a country with freedom of speech, but this has abused such privilege. So why not punish someone when theyââ¬â¢ve abused such privilege?
Saturday, September 14, 2019
Generalization: Black People and Young Men Essay
In daily life, you can find out man many generalization easily; such as, when you heard about crime, you immediately think of the drunken, unemployed, color people.. etc, or when you heard about Havardââ¬â¢s student, words describing like very smart, creative, sucess in life easily or something like that glance through your mind. In the same way, when you heard people depend on welfare, you immediately think that they are lazy, unemployed, have many children, never try to get any job and they are black people. However, do you think generalizations like above always right? Absolutely not. In my opinion, each person has each generalization, sometimes genelizations is similiar, but sometimes not. Wrong genelizations can be cause racism or unfair in life. To begin with an Gladwellââ¬â¢s article, because he mention generalization in one of his articles. In ââ¬Å"Troublemakersâ⬠, Gladwell argues that generalization is not easy, you must know exactly what is going on. Because of the attacks of pitt bull, it was banned by the Ontario goverment. They said that pitt bulls is very dangerous, can bite someone without warning signs, then, they decided banned it. In the same case with pitt bull, he gave us some example about young men driver always higher charges or doctors think that midle-ages easily get heart attack. In the same article, he also gave us example about terrorism. He said terrorist in our mind is totally different in real. We donââ¬â¢t know how a terrorists look like; can be a Arab men, can be a young men, can be black people, can be white people, can be lady, also can be a old men. Thatââ¬â¢s why, the goverment and the police, specific is New York Police Department have trouble in sketching terroristââ¬â¢s prolife. However, when NYPD use right generalization to make decrease crime in city. Back to the pitt bull, as we know, not all pitt bull are killer, moreover, dogs are good or bad also depend on owner. Most of case was attacked by pitt bull, the owner is often neglectful. However, it is still prohibited. Therefore, Gladwell said that is wrong generalization. As shown above, generalization is not always right. In a welfare statistics 2012, total government spending on welfare annually (not including food stamps or unemployment): $131. 9 billion. This number is increasing every year. Besides, the global economics downturn, this number is very serious. Thatââ¬â¢s why, most of americans donââ¬â¢t like people who depend on welfare too much. Americans thought that it was one of cause badly affecting in life today. In the same statistic was shown above, percent of recipients who are black: 39. 8 %, thisââ¬â¢s highest percent. Next, base on those numbers, you are thinking that black people depend on goverment so much and they seem never try to getting job. Moreover, most of drunken and crime you can see everyday on the street are also black. In the same case, when you go to department of welfare center, you can easily realize that the number of black people is more than all. Now, you begin to default on your thinking that black people are lazy, drunken, crime and depend on welfare so much. Meanwhile, how we know they never try to find a job or try to do something? We donââ¬â¢t know. We also donââ¬â¢t know what is going on their life. They can really have more troubles than white, because of the racism. I have a small story, thatââ¬â¢s observation. Iââ¬â¢m living Northeast Phillies. Oneday, when I was from home to school, I saw some homeless man on the way to school, I counted five people and in which just have one black people. Now, where is problem? I know, thisââ¬â¢s just small story and it canââ¬â¢t generalize anything obvious. However, I think it enough for we look back at own conclusion. Fact that blacks depend on welfare more than others, donââ¬â¢t they? When we heard about black people, we immediately think of crime, drunkenâ⬠¦ And, thinking made us donââ¬â¢t want to hire them. Clearly, theyââ¬â¢ll unemployed. Next, they must depend on welfare to maintain life. Things like a circle and has no end. Until we change our thinking about them and giving them more opportunities, they are still depend on welfare. Not all black people depend on welfare, also not all pitt bull are killers. Finally, genaralization is really important and need shrewdness. You must observation everything what is happening around problems. Because a wrong genaralization can can lead to unnecessary mistakes.
Friday, September 13, 2019
View of God in the New Testament Term Paper Example | Topics and Well Written Essays - 1250 words
View of God in the New Testament - Term Paper Example The promise of a coming Messiah was awaited hoping that He would free people from the bondage of exile, and of subordination. But God had other plans of freedom in mind. It had been some two thousand years ago when a man named Jesus changed human history on earth. He was born in a carpenterââ¬â¢s household, in a manger, by a virgin. He was the prophecied Messiah as the Christian community holds upon. He is known for turning water into wine, for calming the storm and for producing food enough to feed the five thousand. He did not deny the case of Him being God himselfââ¬âin human form. And with Jesusââ¬â¢ claims, was sentenced to die. He died the most shameful death a man could ever have during their time, a death on a cross. The story does not end there. After three days in the tomb, Jesus is resurrected back to life, he shows up to his disciples, he still eats with them, serves them food, and preached some more. Itââ¬â¢s theological significance marked the victory of th e human race against death, against sin, against bondage, and everything else in between. He is soon then raised up into heaven after forty days upon his death and resurrectionand is presently seated at the right hand of God, the Father. The whole story can be of two natures. (1) This person named Jesus was a total lunatic who claimed He was God, a make believe story fanatics have made up to appease their fear of the afterlifeââ¬âas some would say, or, (2) He changed the eternal destiny for each and every human beingââ¬â¢s soul by purchasing with his own life and blood, as how prophecies foretold. ââ¬Å"He has healed the blind, made the lame walk, raised the dead, and preached the good news to the poor.â⬠(Mark) Though the question arises, why is this story still relevant to any of the estimated 7 billion people on earth in the 21st century, including me? And what would this mean for the daily habitual routine of an average American? The story may have been told a trill ion times. Some may have been twisted by some, improvised by many, and forgotten by a million, yet, its claims of being the most historical shifting event have ever offered in the Spiritual sense. It turned around, again in theological aspects, how people would and/or could actually relate and describe a divine. This story of Jesus actually changed the way the whole world can and/or will ever have to relate with the God who was viewed as a distant, angry God hundreds, and even thousands of years before the coming of Jesus Christ. The event gave being to the blueprint of the idea of a God to realting to a sinful human being. In Jesus, a fullness of how a God would walk, talk, act, weep, speak, and mourn was revealed. Jesus was, as described in the Bible, ââ¬Å"is the image of an invisible God, the firstborn over all creation...â⬠. It was a revelation of a diety made tangible and can be grasped. In the study of His life, He is presented as the mediator between man and God, makin g Him equal with God, at the same time, a full human being. He is presented as the Incarnate Person of the Trinity that stands in mankindââ¬â¢s place, this means that when God looks at the human race, He sees the person Jesus Christ instead. The doctrine of the God in the New Testament was a God shown in the person of Jesus Christ who was the sacrificial Lamb that paid the debt of mankindââ¬â¢s sin. This makes the whole difference as far as the Old and the New Testaments are concerned. Jesus is the mark that draws the
Thursday, September 12, 2019
Language and Power -Task Essay Example | Topics and Well Written Essays - 1500 words
Language and Power -Task - Essay Example such an exploratory analysis, it is the hope of this author that the reader will not only come to a more full and complete comprehension of the material; but will identify with it in a more macro sense ââ¬â realizing the broader implications that language has on the way that individuals relate with one another and define the world around them. Just as with the process of construction and building, language development and scaffolding is a necessary component in a content area classroom due to the fact that it encourages the individual student to reach beyond themselves and beyond their own comfort levels and integrate with language, idioms, expressions, tasks, and approaches that could be beneficial in helping them to integrate with language and understanding to a more full and complete degree. Through such an approach, the individual is able to develop their own language and communication skills alongside the altered communication style or pattern of the educator/instructor. Many have wrongly asserted that this merely ââ¬Å"dumbs downâ⬠the process; however, the fact of the matter is that a variety of different studies have proven the effectiveness upon language development that scaffolding is able to afford. As such, other authors that have been studied have indicated that scaffolding and language development are highly useful tools in the toolbox of those that seek to craft deeper levels of understanding with respect to how language is understood. With that being said, like any tool, authors warn against the fact that instructors must be mindful of the fact that even though scaffolding is useful in helping to develop language skills, it must not be overused and must be utilized alongside other time tested and effective techniques. In such a way, the educator will have the greatest likelihood of experience a positive outcome from using a nuanced approach to education; rather than merely utilizing the same tool to an inappropriate level and being too reliant
Wednesday, September 11, 2019
Orthodox Law Principles Essay Example | Topics and Well Written Essays - 2000 words
Orthodox Law Principles - Essay Example Disguising the employment status could be done in a number of ways. It happens even underwritten contracts where it is common knowledge to both the employee and the employer and could also happen if a worker is hired on a more or less informal basis to provide their labor, and simply assumes or is told that they are a contractor. Mostly there is an interposition of an entity that contracts with the business rather than the worker in his personal capacity. This allows drafting faulty contracts due to the absence of the contractor to review the terms therein provided for (Burne, 23)Businesses sometimes do not register their workers as employees. This benefits both the business and the workers who are treated as self-employed in terms of income tax and insurance remittals. However, the business stands to gain more since it can dismiss workers at will due to the ââ¬Ëopenââ¬â¢ contracts and the employees lack protection and rights. Most businesses will pass that their employees have been contracted for the provision of services and consultancy rather than employment. These are sham contracts. These contracts are chosen by immigrant workers in most countries who are desperate for jobs and do not have proper immigration papers or required skill to seek permanent employment. It is easier for them since they try to avoid the authorities.Many would not find the problem with sham self-employment but it favors the unfettered freedom to engage and dismiss workers as contractors when they are indeed employees.
Tuesday, September 10, 2019
Commercial Contract Case Study Example | Topics and Well Written Essays - 1000 words
Commercial Contract - Case Study Example (Atiyah Chapter 1). c.) Acceptance: When two parties willingly agree to the terms and conditions of a contract, then the requirements of acceptance can be claimed to have been met. Thus, the moment Stamatelly showed written acceptance of the laptop at the offered price, the first part of the contract can be said to have begun. Even if Yusuf did not show the initial direct signs of accepting, his action of replying to the e-mail to clarify the offered price is an advanced stage of acceptance to sell the laptop. (Atiyah Chapter 1). d.) Acquiescence: This is defined as the contracting parties actions and inactions as long as the initial acceptance stage had been satisfied. The issue of time is also important at this stage, as a seller who makes an offer at certain terms and conditions and receives offers at the same, needs to seal the deal without any further delay. In the above case study, Yusuf first made the laptop offer at $200. Stamatelly replied with an earlier lower price of $120. However Yusuf was adamant and fixed the offer at $200, which Stamatelly acquiesced to without further condition. (Atiyah Chapter 1). In the end Yusuf sold the laptop to another party at $180 which was much less than what Stamatelly wanted to offer. Yusuf also changed conditions for the sale at later stage to include time that the offer will be available. Even though he set the final settlement time of before noon the next day, he had sold the laptop the previous evening. This, coupled with the last minute change of price will be a potential legal suit for breach of business contract. (Atiyah Chapter 1). An analysis of the objective theory of this contract. In citing the Wilson Court Ltd. P'ship v. Tony Maroni's, Inc., 952 P.2d 590, 594 (Wash. 1998) (citing U.S. Life Credit Life Ins. Co. v. Williams, 919 P.2d 594, 597 (Wash. 1996), a contract is objective its manifestation is considered over its unseen subjective intentions of the contracting parties. Thus in the case study, Yusuf exhibited outward manifestation of assent when he clarified that the price would remain at $200. Thereafter, Stamatelly expressed mutual consent on these terms. At no one time was there any dispute about the condition of the product of contract which is the laptop. (Atiyah Chapter 2 - 4): (Stephen Waddams Chapter 1-3) It is also right to hold that both parties expressed outward manifestation of assent. Yusuf did so by the exclusive advertisement about the Laptop make, condition and price and even gave out his telephone numbers and e-mail for authenticity of the advertisement. Stamatelly also did so by writing to accept the offer in terms and condition by e-mail. The e-mail platform in this case study can be held as the outward manifestation whether direct or indirect. This is following the City of Everett v. Estate of Sumstad, 631 P.2d 366, 367 (Wash. 1981). (Atiyah Chapter 2 - 4): (Stephen Waddams Chapter 1-3) Possible Legal Redress. Stamatelly can rightly seek legal redress. She can aver that Yusuf was in breach of commercial contract especially at the acquiescence stage. She can cite the issue of time that was first introduced at a later stage
Monday, September 9, 2019
Sociology Essay Example | Topics and Well Written Essays - 500 words - 23
Sociology - Essay Example This concept is what Wright Mills called ââ¬Å"Sociological Imagination.â⬠Mills (1956) contends that sociological imagination enables the person to look into himself as a part of a larger whole, and failed to ââ¬Å"grasp the interplay of man and societyâ⬠(as cited in Henslin, 2005). Poverty is not an isolated case pointing out to a particular country. Nations considered being the best in the world when it comes to financial capability, also having cases of families in poverty line. In the United States, though it is the source of the worldââ¬â¢s ââ¬Å"American dream,â⬠was also devastated by disasters such as the memorable Hurricane Katrina, which turned the progressive New Orleans into a ghost town. Jobs were scarce after the disaster because of the damages caused by the hurricane to several business industries in both macro and micro levels (Kornblum, 2008). The problem was heightened by the recession of 2009 brought about by the foreclosure of the Lehman Brothers. Banks, real estates, and the marketing industry fell resulting to the retrenchment of jobs to save profit. The fall of the company delivered a domino effect to other businesses most especially in the real estate. Prices of mortgage have gone higher than usual; a price where the jobless and middle class Americans are unable to afford. Ling (2009) reported that families were desperate in search of job, food and shelter. The effect of the recession was clearly seen in certain places in Sacramento where people are forced to build ââ¬Å"tent cities.â⬠Lifeââ¬â¢s little rewards such as hot meal, hot shower, and accessibility to potable water are not the main issues; the people in the tent cities are more concerned of where to get a meal, shower and water. Living in the tent cities is like ââ¬Å"starting to live all over again.â⬠Poverty and homelessness may come from two significant and nondetachable things: personal and societal factors. The impact of the recession, the struggling budget
Subscribe to:
Posts (Atom)