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Guantanamo’s Ethical and Political Issues Case Study

The global political arena is dominated by instances of ethical and moral dilemmas. Governments have had to make tough choices that seem to transgress ethical, moral, and sometimes political boundaries. In the United States, both Obama and Bush administrations have had several differences in political and ethical opinions. Consequently, when Obama came to power, part of his job was to reverse some of the policies that had been instituted by President Bush. One prominent example of such policies touched on the establishment and operations of the Guantanamo Bay detention center. There are several ethical and political issues surrounding the operation and maintenance of the Guantanamo Bay detention center. The detention center was set up as a tool for helping the United States government in the war against terror. However, several ethical and political dilemmas have since arisen from the operation of Guantanamo Bay. The detention center was set up through an executive order, and President Obama sought to use a similar order to shut it down. This paper explores how Guantanamo Bay affected the ethical and political institutions of the United States Government. The history of Guantanamo Bay dates back to 2002 when the United States government sought to transform the naval base into a prison camp for ‘extraordinarily dangerous’ prisoners (Shamir-Borer, 2007). Former President Bush was instrumental in the opening of the prison as it was part of his anti-terror program. Since the Guantanamo Bay was established, it has detained a total of seven hundred and seventy-five prisoners. However, four hundred and twenty of these prisoners have been released without facing any charges. Sometimes prisoners remain in the detention center for several days after they have been acquitted. The government also fears to return other prisoners to their home countries as they might be persecuted (Sulmasy, 2009). In 2005, an executive order that sought to restrict the prisoners’ judicial regimen to the military justice system was instituted. Consequently, the detainees at Guantanamo Bay could not be eligible for the non-military judicial procedure. However, this executive order was faulted by the Supreme Court because it sought the indefinite detention of prisoners. In a rejoinder, the Bush administration passed the MCA (Military Commissions Act of 2006) whose aim was to give detainees fair and just military trials. One of the political dilemmas surrounding the establishment of Guantanamo Bay is the MCA. The MCA fails to comply with the international rules of warfare or the fundamental principles of the constitution (Egan, 2007). For instance, the MCA endorses tribunals that contradict the existing international conflicts and warfare guidelines. The specifics of this contradiction were highlighted by the Supreme Court’s decision in the case pitting the secretary of defense against Osama bin Laden’s chauffeur, Salim Hamdan. Get your 100% original paper on any topic done in as little as 3 hours Learn More In its judgment, the Supreme Court ruled that the MCA “lacks the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949” (Murphy, 2011). After this ruling, several stakeholders added their voices to the debate on the importance of executive powers during times of war. Some scholars have argued that the Supreme Court’s decision undermined the executive and lacked the element of restraint. The emotions surrounding the war on terrorism contributed to the heated debate on the constitutionality of the MCA. Those who were supporting the abolishment of the MCA argued that the executive alone could not be responsible for the fate of war prisoners. Therefore, the contribution of the judiciary in the decision against war prisoners was a welcome idea. The increase in executive power, as portrayed by the activities surrounding the Guantanamo bay, presents several ethical scenarios. The aftermath of the 2001 terrorist attacks left Americans looking for a higher power that would offer a lasting solution to the terrorism problem. President Bush filled the void by overstretching the extent of his executive powers. The President’s ambitions were solidified by the Patriot Act of 2001. This legislation gave law-enforcement agents a wider jurisdiction when they are conducting search and seizure missions. In addition, the law facilitated for unexplained detentions and added to the definitions of terrorist-related activities (Drumbl, 2006). The Guantanamo Bay acted as a support mechanism for the Patriot Act and the executive powers. Ironically, the Obama administration is relying on similar executive powers in its efforts towards shutting down the Guantanamo prison. However, the president’s efforts are hindered by several ethical and political hurdles. For instance, other governments are against the repatriation of prisoners back to their countries because the detainees still carry the risk of terrorism. Other governments are prepared to persecute Guantanamo Bay detainees without consideration of their innocence (Ross, 2010). These political quagmires have delayed the closure of the prison as the United States government seeks to uphold ethics when dealing with the Guantanamo detainees. To circumnavigate the ethical and political hurdles facing the Guantanamo prison, legislators have proposed the annexing of the Guantanamo Island, thereby exempting it from the Unites States’ jurisprudence. However, this approach is only seen as a means of upholding political correctness as opposed to serving the country’s security needs. The benefits of setting up the Guantanamo prison are often overshadowed by political and ethical issues. The prison was a manifestation of executive powers, but the same powers have been unable to close it. Most of the people who are advocating for Guantanamo’s closure cite the unethical nature of the establishment. On the other hand, the prison’s supporters claim political correctness cannot sustain the internal security of the country. We will write a custom Case Study on Guantanamo’s Ethical and Political Issues specifically for you! Get your first paper with 15% OFF Learn More References Drumbl, M. A. (2006). Expressive value of prosecuting and punishing terrorists: Hamdan, the Geneva Conventions, and International Criminal Law, The Geo. Wash. L. Review, 75(1), 1165. Egan, M. J. (2007). Refusing to settle for an unsettled law: the controversy surrounding the Military Commissions Act and the Ethical Implications of Compliance. Geo. J. Legal Ethics, 20(1), 547. Murphy, S. D. (2011). Evolving Geneva Convention Paradigms in the war on terrorism: applying the core rules to the release of persons deemed unprivileged combatants. Geo. Wash. L. Review, 75(3), 1105. Ross, J. (2010). Closing Guantanamo Bay: the future of detainees. Neo Americanist, 24(1), 32-33. Shamir-Borer, E. (2007). Revisiting Hamdan v. Rumsfeld’s Analysis of the Laws of Armed Conflict. Emory Int’l L. Review, 21(2), 601-602. Sulmasy, G. M. (2009). Legal Landscape after Hamdan: The Creation of Homeland Security Courts, The. New Eng. J. Int’l
Amy Cuddy TED Talk Nonverbal Communication Skills Discussion.

here is the requirement After watching Amy Cuddy’s TED Talk,Discuss how developing your nonverbal communication knowledge and skills can benefit you personally and professionally.In your post, BE SURE to reference specific textbook information and observations from the video to support your ideas.BE SURE to demonstrate your understanding of the nature of nonverbal communication and the various nonverbal systems/codes in your post as well.I need to see that you are applying chapter concepts in your discussion threads! Be sure you are doing that. Provide a response to the “Scents and Sensibility” article,Discussing whether or not you believe olfactics is a nonverbal system of communication.some exm1-Mastering nonverbal communication can help tremendously in anyone’s professional and personal life, because nonverbal communication conveys more than verbal communication does. Nonverbal actually converys 66-90 percent of our communication. Learning how your actions and little things that people take from you can help you insure you’re putting the right message across. It’s not always what you say to a person that gives them a certain message, it’s the unspoken physical and behavioral cues, the book states. The main cues that give off the biggest nonverbal message is appearance, kinesics, eye contact, facial expressions, haptics, paralanguage, and proxemics. In your professional life it’s very important you convey the right message that will secure your future in the profession, not damage it. You want to come off professional so you will dress and act a certain way in the job area then you normally would otherwise. This will make people respect you in the work area. Having proper posture and facial expressions will give strong impressions to people. In the book it says when you walk with shoulders back, spines erect, and heads up you are perceived as confident and strong. Although these little things seem mindless, it will take you great lengths in your career. In the video Amy Cuddy mentions how body language can be a reason you get promoted, it can also show power and dominance. For your personal life, sending incongruent messages or wrong messages in general can create a lot of drama and chaos. Unlike the workplace, people in your personal life will probably be more emotional towards your nonverbal cues you give them. Incongruent messages are when your verbal and nonverbal meaning contradict each other. This can lead to a lot of unnecessary confusion. In this case, people instantly go with the nonverbal cues, which could be the worse of the two. By giving off positive nonverbal cues, you can create a closer, more open relationship with people. I found the whole article, Scents and sensibility very interesting. I’ve always known people are drawn to things they like by their scent, but never realized how that desire can lead you to pick a soulmate. I don’t know how much I believe in olfactics being a type of nonveral connection. Although you can help your scent with perfume, deodorant, or cologne there’s not much that can help your natural scent. I think olfactics is more of a mindset or attraction. The article mentions how it’s like a drug someone is drawn to, it says, “when you’re turned on by your partner’s scent, taking a deep whiff of his chest or the back of her neck feels like taking a powerful drug.” I view nonverbal communication as something you have much more control over in the moment. However, I do agree that someone’s scent can tell a lot about someone, or give them some type of communication. From the scent a person can assume, or take what they think from it.2- Developing your nonverbal communication knowledge and skills can substantially influence your future in positive ways. Doing so will allow you to have better connections with others both in your personal life and your professional life. The massive amount of information we share nonverbally proves the importance of fully understanding this phenomenon. The most important lesson I learned from the TED Talk is the message of “Fake it until you become it.” In order to do this, one must reject the idea that he or she does not belong in a particular stressful situation. If he or she does not think he or she belongs there, it is necessary to fake it until he or she becomes comfortable enough to feel that he or she actually belongs there. This method is all about building confidence. Having such confidence can help you get a wonderful job or even help you ask someone out for a date. Any way you slice it, “Faking it until you become it’’ can vastly expand one’s horizons. The video mentioned power poses as a source of confidence in stressful situations. Simply taking two minutes to assume a power pose before an important stressful situation can boost your confidence and in turn, your results. Combine these power poses with “Fake it until you become it” and you have a recipe for success. Our text defines nonverbal communication as the transmission of meaning through an individual’s nonspoken physical and behavioral cues. Nonverbal communication is just that- nonverbal. This type of information sharing is not transmitted through speech but instead through body language, voice, touch, personal space, appearance, and environmental features. Learning how to tune these systems can lead to unimaginable gain both in your personal and professional life. I absolutely believe olfactics is a nonverbal system of communication. I believe it fits the criteria of a nonverbal communication system as described in chapter six. This system conveys information to a potential partner without speaking a single word. Sharing this information is especially important as it has the ability to affect your long-term personal life. I personally believe that olfactics is not a pseudo-science and should be investigated more in-depth to reveal its true importance.3-Developing your non-verbal communication skills can help you personally and professionally. It can help you professionally because nonverbal communication can help demonstrate confidence, enthusiasm, and professionalism in the workplace. Nonverbal cues such as using good eye contact can help you better connect with your peers, which helps cooperation. Personally, using good body language such as not folding your arms during a conversation with another person can help them feel more comfortable around you. They are multiple types of nonverbal communication techniques. The use of body movement, vocie, touch, personal space, and appearence work together to create nonverbal communication. In the text Tyra Banks began doing fashion shows in Europe. A smile she made amous called the smize, which does not use the smile but the eyes. The text says that Tyra built a empire from her ability to manipulate her nonverbal communication to create unique expressions on runways and television. Olfactics is an example of nonverbal communication. This type of nonverbal communication fits the criteria discussed in chapter six. Like other nonverbal characteristics olfactis uses physical characterists since you use sense of smell.
Amy Cuddy TED Talk Nonverbal Communication Skills Discussion

Choosing Pick ‘n Pay as the general retailer I would focus on for this project was very easy. Everyday families buy products from different retail stores namely Checkers, Spar, Woolworths and Pick n Pay. Because we are so involved in these shops and have such a limited choice of retail food stores I thought it would be interesting to see their contribution to corporate social responsibility. A lot of consumers are unaware of a businesses ‘ behind the scene’ ethical practices and I think it is important one realises the significance of large groups like The Pick ‘n Pay Holdings limited group to give back to the community and contribute to sustainable projects. Because of such a wide range of socio-economical issues in Africa businesses need to focus on them and be able to sustain that project. I have heard a lot about Pick ‘n Pay contributions to society and often are exposed to it by visiting their shops (bandana’s for sale for the sunflower fund). CSR has a huge impact on the businesses public image and I wanted to investigate why people would or would not want to support Pick ‘n Pay as their grocery store. Introduction into business’s micro environment: “A sound mission: We serve With our hearts we create a great place to be With our minds we create an excellent place to shop Key values: We nurture leadership and vision, and reward innovation We are passionate about our customers and will fight for their rights We care for, and respect each other We take individual responsibility We support and participate in our communities We are all accountable We live by honesty and integrity” (Anonymous n.d) The Pick ‘n Pay Store limited board runs on a flat organisational structure and has the overall responsibility of all the stores. The board consists of eight non-executive directors and five executive directors. Operational responsibility is divided up into three main groups: The Pick ‘n Pay retail division, the Group enterprises division and the Franklin’ division. Each division has its own management board and they, as the board members believe this structure allows local operations to make decisions, be accountable for their actions and grow personally. Flat organisational structure: Some people in the lower levels are given more responsibility and fewer managers are needed Senior manager Middle managers Workers The company also believes in decentralisation and this means each store is responsible for everything they do, including budgets, marketing and operations. Each business is responsible for everything they do but run overall by the board of the Pick ‘n Pay Holding limited group The board is assisted by groups of specialised people, one of which is the “corporate governance” group which ensures all the correct structures are in line with both national and international standards and are “appropriate and effective” Corporate Social Responsibility and Sustainability: Definition: Corporate social responsibility: “CSR is about how companies manage the business processes to produce an overall positive impact on society”. (Baker n.d.) Since 2005 Pick ‘n Pay have published an annual report to give to suppliers, customers and employees. This focuses and is dedicated solely to their Corporate Social responsibility and sustainability plans as well as the increasing attention customers are placing on companies to be socially responsibility. Pick ‘n Pay has a dedicated General Manger, Tessa Chamberlin whose specific task is to ensure that their sustainable strategies reach their full potential. In conjunction with this Pick N Pay, in 1990 launched their green range of products AND completed its first environmental inspection. Not only do Pick ‘n Pay focus on outreach and community involvement, they are concerned about the sustainability of where there food products and ingredients come from. Pick ‘n Pay are also involved and are one of the main sponsors in the carbon disclosure project which is aimed at growing and processing organic products. In 2007 Pick ‘n Pay contributed R47 million on social initiatives. Pick N Pay strive to be practical on there approach to there responsibility to their consumers and communities in which they operate. Pick ‘n Pay aims: Formulating a vision and action plan that is sustainable Appointing a General Manager that promotes sustainable development R30 million over the next 3 years to encourage broad-based black economic empowerment Investments in promoting staff training and development Looking into some of there other CSR which includes (Broader social responsibility): Activities to reduce our impact on the environment: Projects to conserve energy and water consumption A waste, energy and water assessment study . Initiatives to decrease the impacts of transportation All coolants containing CFCs have been stopped. Investigating further packaging to decrease waste produced Alternative locally produced, and more environmentally friendly “Green Bag” shopping bags are made available to shoppers. Corporate social investment: Total expenditure on CSI : R46 million Focusing on “education and literacy; entrepreneurial development; access to primary health care; assistance to the disabled, street children, Aids sufferers; HIV/Aids prevention and support programmes; road safety; housing; feeding schemes; and sponsoring various sporting events”. (Marketing division of Pick ‘n Pay n.d.) Campaigns like the Sunflower Fund for the bone marrow registry, the Kids in Parks initiative; and the Pick ‘n Pay School Club programme. The Board of directors, management and all employees are committed to a high standard of corporate governance. Pick ‘n Pay take pride in moral and ethical business standards. The Pick ‘n Pay Holdings Limited group is committed to transparent business practices. “The Board is committed to complying in all material respects with the principles contained in the King II report, as well as to the additional requirements for good corporate governance stipulated in the JSE SRI Index. ” (Marketing division of Pick ‘n Pay n.d.) “King II Report on Corporate Governance King II states: “The Board is responsible for the total process of risk management, as well as for forming an opinion on the effectiveness of the process; The Board should set the risk strategy policies in liaison with executive directors, and senior management; The Board must decide the company’s appetite or tolerance for risk; The Board should make use of generally recognised risk management and internal control models and frameworks in order to maintain a sound system of risk management and internal control to provide reasonable assurance regarding the achievement of organisational objectives; and The Board is responsible for ensuring a systematic, documented assessment of the processes and outcomes surrounding key risks is undertaken, at least annually, for the purpose of making its public statement.” (Marketing division of Pick ‘n Pay n.d.) Is it Sustainable? Although a lot of Pick ‘n Pays CSR is contributing money towards various charities and organisations, I think they are also very involved in the community. They do many projects that run once in a year for example the kids in parks project mentioned above, the Sunflower Fund for the bone marrow registry, the Quadriplegic Association of South Africa (QASA) and the Pick ‘n Pay School Club programme. However all these projects are with -standing and are all still functioning today in society. Socio- Economic issues and strategies used: Although Pick ‘n Pay do a lot of CSR I have decided to focus on one specific project. Pick ‘n Pay are very involved in corporate social responsibility and address almost all socio-economic issues including education, poverty, the environment, sponsorship for sporting events and diseases like cancer (sunflower fund) I have chosen a project called “Kids in Parks” which Pick ‘n Pay has been involved in and a sponsor of for 5years. This project entails both environmental and local community social responsibility and therefore addresses both environmental and underprivileged children/poverty issues. The Kids in Parks initiative uses money from plastic bag sales at Pick ‘n Pay. R1 from every R5 bag sold is donated to a special environmental fund which is now the financial support for the “Kids in Parks” project. Because of the 2003 legislation put in place by government people now have to buy plastic bags. Consumers are more aware of the importance of keeping bags to re-use and therefore this has had a huge reduction in the number of plastic bags in circulation and litter in the environment. The sale of over 9 million Pick ‘n Pay Green Bags made it possible for them to make available resources for over 20 000 children to participate in this project. Sixteen national parks are used and Pick ‘n Pay has purchased 3 60 seater buses to transport the underprivileged children from the local community to and from the parks. Pick ‘n Pay also sponsor meals, T- Shirts, goodie bags and equipment needed for the fun day. The children stay overnight in dorms and are provided with all the necessary learning equipment. “The Kids in Parks Programme provides a unique opportunity for learners and their educators to visit a national park and learn a lot about natural and cultural heritage. The three-day programme allows for loads of discovery, learning and fun for kids.”(South African National Parks 2010) The programme shows the importance of national parks to children from an underprivileged background. The children learn to identify, name and describe different fauna and flora. The children learn about biodiversity and how to sustain and look after our environment. Activities make learners aware of water conservation and also allow children to look into different environmental careers that are available. “The Kids in Parks initiative is being phased in over a period of three years. Each year five different parks will welcome ten groups of 50 learners and 2 teachers. This means that eventually a total of 7 500 learners, 300 educators from 150 primary schools will have visited 15 parks.” “The programme is a partnership between SANParks, Pick ‘n Pay and the departments of Environmental Affairs and Tourism (DEAT) and Education (DoE)” (South African National Parks 2010) Code of Ethics Pick ‘n Pay ensures that all employees act with the top level of honesty and respect. Pick ‘n Pay was one of the first companies to make a real commitment to corporate social responsibility and they do this by acting in a manner which portrays good corporate governance. They are unbending in their view of their code of Ethics and ensure that all employees follow these rules. New employees are trained and are sensitive to their CSR involvement. Pick ‘n Pay take pride in having in depth knowledge of every aspect of their business, be it operations, interaction with society, environmental involvement and customer satisfaction. This knowledge is always communicated through their comprehensive training schemes in an ethical, honest and respectful manner, whether it is with employees or suppliers, customers and the general public at large. The maintenance and on going development of their code of ethics coupled with their CSR programs is constantly monitored by their board of directors. Any deviations from their code of ethics are addressed through their disciplinary review procedures. Choice of companies: ] Spur: I chose Spur because it is a well known, well established brand and therefore should be doing corporate social responsibility. Spur has international outlets and are aware of international standards of corporate governance. Spur South Africa has achieved huge growth this year with turnover increasing to over R2.2 billion, is an increase in corporate social responsibility and governance programs responsible for this growth? Spur targets the fast growing middle class population group in South Africa in the family sit down restaurant market. They are in an ideal position to capatalise on this market although there is huge competition in this sector. They should therefore execute social responsibility programs and show good corporate governance to keep their market share. Introduction into business’s micro environment: The Spur Corporation listed on the JSE in 1986 and currently has 240 franchised spur steak ranches The Spur Corporation assists all their franchisees both before and after opening. The well-trained operations team provides consistent back up and support to all franchises. The Spur corporation are very involved in all there franchise companies. This team ensures Spur upholds the brand name and quality food they are expected to provide. The board comprises of one independent non-executive director, three non-executive directors and six executive directors. The board meets twice annually, the non-executive directors can have direct access to management without the directors being present. This allows problems, if they do occur to be sorted out. Spur corporation is centralised as: Marketing- dedicated marketing team that come up with new ideas for all franchises to use such as promotions and flyers Procurement and manufacturing- there is a manufacturing facility which is responsible for the testing of products Training- dedicated team of trainers who ensure that the franchisees and employees have the necessary skills These divisions are headed up at the head office. Because Spur steak ranches is a franchise the board requires all franchisees to remain at the same standard, these operations named above are headed-up at the head office to ensure this does happen. This structure will minimize duplication of effort and documents. Head office Franchisees: Spur Panarottis John Dory’s Vision and Mission “Our vision is to be the best family sit-down restaurant in the markets in which we trade. Our mission is to be dedicated at all times to our customers and employees – to provide a “taste for life” for our customers and be a “great place to work” for our employees.” (Spur Corporation,2003) Other micro- environment challenges which Spur has faced in the current year are high rentals, increased costs of electricity rates and taxes, reduced disposable income of customers, high food price inflation and increased wage demands. Corporate Social Responsibility and Sustainability: “Spur Corporation is committed to achieving high standards of corporate governance to protect the interests of the company and its shareholders” ” The group endorses the Code of Corporate Practices and Conduct as exemplified in the King Committee report on Corporate Governance( King 2) “ “Governance structures are continually enhanced to take account of changes within the group and ongoing developments within corporate governance” (Spur Corporation,2003) Spur is very conscious and committed to improving the lives of disadvantaged people in South African through the use of there brand. The Spur Corporation assists in the upliftment of the communities focusing mainly on people development through sport. Corporate social responsibility is an essential part of Spur. Spur has established many community-focused events for disadvantaged children. Funds generated from these events are used for a feeding initiative in rural schools. The Spur Corporation in conjunction with Joint Aid Management (Non profit organisation) provides meals to 350000 throughout SA daily. Sport and recreational events: Spur soccer Masidlale (let’s play) is a series of one-day soccer learning clinics. National Schools Mountain Biking league receive continued support for the development of young cyclists Spur adventure provides a fun day for the family Rugby development- Spur is committed to transformation at a schools level partnering with FNB to present classic clashes on TV. Spur also sponsor disadvantaged rugby playing schools Annual charity golf tour- ” raised over R300 000 for the development of underprivileged potential players’ and food for many schemes HIV/AIDS: an AIDS awareness campaign has been established for the past seven years Spur, because of their adventure image have used sport as their corporate social responsibility outlet. Is it sustainable? These projects are definitely sustainable as they have long term aims of continuing the projects established. . Through sport disadvantaged children are being taught valuable life skills including team work and personal gain. Children will be able to use the skills they learn throughout their lives and will get much enjoyment out of playing sport. Often disadvantaged children are depressed and unhappy and sport can be a recreational outlet for them to enjoy. Socio- Economic issues and strategies used: Spur is very limited in the socio-economic issues they address however I decided to focus on the Spur Soccer Masidlale initiative which uses soccer as a bases to integrate children from all walks of life. This initiative is part of Spur Corporations corporate social investment (CSI) This experience is a fun and interactive. Properly qualified coaches conduct the standardised drill sessions which are followed by a mini-tournament. The Spur Corporation sponsors lunch for all players, soccer kit, equipment as well as the coaches. Every child involved will receive their own soccer ball. Last year the theme of the initiative was “Self discipline” which is being followed up this year with the theme of ” Follow your leader” This programme ensures the coaches revisit the schools regularly, enforcing the learning experience. Spur has collaborated once again with Joint Aid Management to feed less fortunate children which will also experience the Spur Soccer Masidlale clinics. The aim: To ensure the youth of South Africa maintain a healthy, active lifestyle. This is why Spur has partnered with the Supersport initiative, Lets Play which aims to get children into the outdoors and enjoying the fresh air. Together, with the same direction in mind they want to get children off the streets and playing sport. This project can contribute towards decreasing crime to self esteem issues. Children need a good basis of moral education and programmes like this one can provide this. Sport is fun and one has to work in a team to achieve a common goal. This program encourages children to follow their dream and introduces them to soccer at a young age. This will help them to find their own identity and promote a life free of alcohol and drugs. A participant enjoying a Spur hamburger A team wearing the sponsored soccer kit Eating a Spur hamburger Eating a Spur hamburger Code of Ethics Spur requires all their employees to maintain the highest moral and ethical standards with all stakeholders including 1) relationships with other collegues 2) interaction with suppliers in order to meet stringent supply and food safety requirements 3) Bond with customers 4) enhanced interaction with corporate governance structures and NGO groups 5) establishment of remuneration committees as part of their corporate governance program 6) interaction with employee groups for example labour unions, environmental interest groups and disadvantaged In dealing with all stakeholders Spur adheres to the principles contained in their code of Ethics, these principles are : ” integrity, honesty and good faith, impartiality, transparency and openness, accountability and responsibility”(Spur Corporation,2003) This code of Ethics does not mention CSR but does detail how they go about dealing with society in an ethical, moral manner. Analysis of information, comparison and opinion Pick ‘n Pay and Spur: The outlook for Spur is very positive. There financial performance is underpinned by a sound, well thought out corporate governance program, which includes: an audit committee, remuneration committee, risk committee, nominations committee and operational committee. These groups ensure the running of the company is smooth and the public can then be reassured the company is practicing ethical behavior and good governance. This linked with there proposed restaurant growth in South Africa coupled with the 2010 Fifa world Cup will mean that the potential for Spur to become more involved in CSR is there (more money to contribute and make use of) I think Spur need to make the public more aware of their CSR to boost their public image and therefore, becoming more involved will be an advantage and not seen as money spent without return on investment (ROI) However, the spur corporation as a hole focuses on growth and customers and needs to become aware of the need for the businesses to get more involved in CSR. Pick ‘n Pay are very involved in CSR and show a real interest in giving back and doing good in the community. They show this by doing a broad range of CSR that help many different socio-economic problems. Pick ‘n Pay are involved in projects that are not just once off and require a commitment form the business to be sustainable. The Pick ‘n Pay holdings limited group are encouraging good corporate governance across all stores and this is proven in their code of ethics and CSR programmes. VS Discussion and Conclusion Definition: “Corporate governance is the set of processes, customs, laws and institutions affecting the way a corporation (or company) is directed, administrated or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. The principle stakeholders are the shareholders, management, and the board of directors. Other stakeholders include employees, customers, creditors, suppliers, and the community at large”. Looking at the evidence presented above Pick ‘n Pay is better governed. Although both companies have corporate governance programs in place one can see that Pick ‘n Pay are more committed to their ethical behavior/ corporate governance and CSR. Spur corporations only uses sport to promote CSR where as Pick ‘n Pay has a comprehensive list of different CSR programs they are involved in. Pick ‘n Pay addresses a range of socio-economic issues like education, poverty, the environment and diseases, Spur focuses on the upliftment of children in South Africa. Pick ‘n pay uses there involvement in so many CSR programmes to promote their positive image to the public and therefore having a good effect on sales. Pick ‘n Pay have an extensive view and plan on promoting both broad based and primary bases social responsibility. They have put together a ‘code’ to develop the Pick ‘n Pay employees (as seen under the corporate social responsibility and sustainability heading). By being corporate social responsible Pick ‘n Pay are giving back to the society and the environment and at the same time promoting there good corporate governance. Looking at Pick ‘n Pay’s social involvement and promoting the well being of their own employees who are encouraged to be ethical and work with integrity Pick ‘n Pay does uphold corporate governance.

CU 1976 Montreal Olympics Project Management Failure Case Analysis Essay

CU 1976 Montreal Olympics Project Management Failure Case Analysis Essay.

I have attached the work of my other team members have worked on. I have to work on question 17 to 20. Here is the question:The journal indicated below describes a national project. Based on the journal, and on your team’s understanding of the project, answer the questions below:DOI: 10.1061/(ASCE)CF.1943-5509.0000332 Journal title: “1976 Montreal Olympics: Case Study of Project Management Failure”#QuestionPoints1Was it an internal or external project? Provide rationale. 52Identify at least 10 major stakeholders for the project.53What were the needs or expectation of each stakeholder?54Identify and describe at least 5 most important resources used in the project.55What was the alternative approach for the project (i.e. if the stadium had not been built, what else could have been done to ensure the olympics still occurred)?56Based on (5) above, was building the stadium at this location and at this time the best approach to have been chosen? Provide rationale using PV, NPV, IRR, B/C. [1 page]207Provide two Level 3 Work Breakdown Structures (WBS) for this project. These two should be the intial (or planned) and final (or actual) WBS. Explain the difference [2 pages]208Based on (7), was there an evidence of scope creep in the project? Provide rationale.59Create one network diagram for the project using the final WBS in (7) above [1 page]3010Use the Level 2 tasks in the final WBS to create one GANTT chart for the project. [1 page]3011Use the initial and final WBS to create two high-level budgets for the project. These two should be the initial and final budgets. Explain the difference. [2 pages]3012Using the risk sources, describe three major (broad) categories of risks in the project.613Using a table, list at least ten individual risks ranked by severity, and also link each of them to one of the categories in (12) above [1 page]2014For each risk in (13) above, describe at least one thing that was done, or could have been done to mitigate that risk.515Was there adequate quality management processes in place (including quality planning, quality assurance and quality control)? Provide rationale. 416Was there adequate outsourcing in the project? Provide rationale.517The journal title indicates this project was a failure. Do you agree? Provide rationale. 518If anyone in your group was appointed the project manager for this project, what would you have done differently to make this project successful?519Describe at least five major lessons that can be learned from this project.520Other – Abstract, Introduction, Conclusion (one paragraph each)1021Other – Effective APA (Times New Roman, font size 12, double-spaced, in-text citations, grammar, reference list, etc)1022Other Considerations5 TOTAL240Side note from instructor:Your response should be between 15 -20 pages only, including all auxiliary pages such as Title page, Reference page and Table of Content.This research project requires you to tie together the key components of project management.Ensure all responses you provide (including numbers and facts) are supported with information from the journal, or where necessary, provide appropriate assumptions and additional information from external sources. However facts from the journal will trump all external sources. This journal including all other external sources should be correctly referenced.Use effective APA in-text citation to help the reader know exactly where you are picking your facts from. Your groups should help you bounce off ideas off each other, since no one person knows it all. If there are any questions or clarifications needed, the PM may contact me. All the best! It has to be in 5 to 6 pages, APA format and references are important
CU 1976 Montreal Olympics Project Management Failure Case Analysis Essay

Qualitative Methods Research Journal

best assignment help Qualitative Methods Research Journal. Paper details The purpose of the assignment is to make you familiar with Research Ethics and Tri-Council Policy Statement (TCPS2). Delivery: Journal – 4% How would you apply TCPS2 to your research topic (the study you are designing)? 1. Think of confidentiality and any other ethical issues you think might arise within your study (e.g. is your population particularly disadvantaged? is it a sensitive topic? 2. How would you go about getting access to the group of people you are interested in studying? 3. What ethical issues might come up when trying to access this population? 4. Will this be overt or covert research? 5. How will you get voluntary informed consent?Qualitative Methods Research Journal

Sartre’s “Why Write?” and Miller’s “Narrative” Essay (Critical Writing)

The reader is extremely important for the writer because reading is the significant act in disclosing the generosity of the work, and the writer should understand for whom he writes because the reader is free in reading, and he is also responsible for the work and for the produced universe. From this perspective, in “Why Write?”, Jean-Paul Sartre recognizes the importance of the reader’s personality for the general act of writing, reading, disclosing the world. Sartre notes that “the one who writes recognizes … the freedom of his readers” (Sartre 67). Thus, Sartre focuses on one of the most important questions for the writer in order to provide the contest for the ideas of generosity, essentialism, freedom, and justice. This question is “For whom does one write?” (Sartre 69). Concentrating on the role of the reader, Sartre receives the opportunity to discuss the complex process of writing as the act in which both the writer and reader are responsible for disclosing the aspects of the world. From this point, addressing the freedom of the reader, Sartre clearly states, “both of us bear the responsibility for the universe” as the world of writing (Sartre 66). Thus, the reader is responsible for the universe while referring to the idea of generosity. Disclosing the world, both the writer and reader should be not only free but also generous. That is why, the reader and his freedom are the focus for the writer who often writes for the certain public. In this case, literature becomes not only the product of writing but also the product of relations between the writer and his audience because the written world can reveal itself clearly only within the context of the reader’s perception and vision. People need narratives in the form of fiction and repetition of many stories in order to understand their place in the world, find the solution to the typical problems, and try the effective scenarios. In this case, narratives as the stories representing the occurred events and legends as the stories representing the classic scenarios are important to assist a person in coping with the concrete situation. In the work “Narrative”, Hillis Miller states that narratives are important to stimulate the person’s typical activities such as role-playing and daydreaming. Thus, the “make-believe is a fundamental human activity” (Miller 68). Fiction as the type of literature stimulates persons to make up situations and solutions in order to adapt to the reality. In order to find the place in the world, a person chooses to imitate the actions presented in narratives. Miller explains this practice while stating that “we need fictions in order to experiment with possible selves” (Miller 69). From this point, narratives can be discussed as safe places which can also present the plan of actions. Furthermore, legends and myths are more important in this context. People need the repetition of the same stories in order to add some sense to the world. Get your 100% original paper on any topic done in as little as 3 hours Learn More Legends and myths can provide the formula which works in the real world. In spite of the fact that plot elements cannot be identical every time, “etiological myths” are significant to provide the information on the mankind’s origins as well as effective scenarios (Miller 72). Such myths as the myth about Oedipus are important for the person because they provide the effective explanation to the things which cannot be discussed logically. As a result, the person receives the hints to solve issues which can be indicated as taboos or other controversial problems. Works Cited Miller, Hillis. “Narrative”. Critical Terms for Literary Study. Ed. Frank Lentricchia and Thomas McLaughlin. Chicago, IL: University of Chicago Press, 2010. 67-79. Print. Sartre, Jean-Paul. “What is Literature?” and Other Essays. New York, NY: Harvard University Press, 1988. Print.

Tufts University FBI Electronic Surveillance Program and FISA Discussion Questions

Tufts University FBI Electronic Surveillance Program and FISA Discussion Questions.

Question 1: First Draft; Sources – Focusing on whether you make a strong legal argument supported by legal sourcesTOPIC; The Do’s and Don’t on the constitutionality of the FBI electronic surveillance program focusing on the “400 Intelligence Surveillance Act (FISA), 50 U.S.C. 1809 statue.9-60.202 Illegal Electronic Eavesdropping – Prosecution Policy9-13.00 Electronic Recording of Statements.Homeland Security: The Essentials – Chapter 1Homeland Security: The Essentials – Chapter 2Before Privacy, Power: The Structural Constitution and the Challenge of Mass Surveillance9-60. Criminal Sanctions Against Illegal Electronic Surveillance400 Intelligence Surveillance Act (FISA), 50 U.S.C. 1809The Fourth Amendment in a Digital WorldSocial Network, Government Surveillance, and the Fourth Amendment Mosaic TheoryEavesdropping on Our Founding Fathers: How a Return to the Republic’s Core Democratic Values Can Help Us Resolve the Surveillance CrisisStepping on (or Over) the Constitution’s Line: Evaluating FISA Section 702 in a World of Changing ‘Reasonableness’ Under the Fourth AmendmentUSE THE ABOVE RESOURCES TO COME-UP WITH A FIRST DRAFTEXAMPLE OF A DRAFTDepartment of Homeland Security v. ThuraissigiamI. IntroductionThe case of Department of Homeland Security v. Thuraissigiam involves immigration law and the writ of habeas corpus. This case challenges the constitutionality of suspending the writ of habeas corpus to noncitizens who fail to provide a creditable fear of persecution if returned to their home country.A. Do the restrictions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) limiting asylum seekers’ ability to obtain review under the federal habeas statute violate the Suspension Clause of the U.S. Constitution and the writ of habeas corpus?B. Thesis: The U.S. Supreme Court’s adjudication of the Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020) case was constitutional and did not violate the Suspension Clause of the U.S. Constitution by denying the plaintiff right to habeas corpus review of an expedited removal order.II. FactsA. A native of Sri Lanka illegally entered the U.S. and was detained for expedited removal by U.S. Immigration officials. The expedited removal process permits immigration officials to “fast-track” the removal of inadmissible noncitizens who do not have the appropriate entry documentation or provide false information to enter the country and has been in the country for less than two continuous years. Those in that situation can be processed for expedited removal by foregoing the review process (Shah, 2020). The respondent, Vijayakumar Thuraissigiam, received an asylum interview by immigration officials and was determined not to have met the creditable fear of persecution standard.B. The plaintiff filed a federal habeas petition with the District Court alleging fear of persecution in his home country, a claim he failed to make during his asylum interview. The District Court dismissed the petition.C. The plaintiff appealed and the Ninth Circuit Court of Appeals reversed the ruling on grounds that the action violated both the Suspension and the Due Process Clauses.D. In a 7-2 ruling, the U.S. Supreme Court held that asylum-seeker Vijayakumar Thuraissigiam did not have a constitutional right to habeas corpus review in federal court, reversing a decision in favor or the plaintiff by the Ninth Circuit Court of Appeals. Justices Sotomayor and Kagan dissented the Court’s ruling.III. HoldingA. As applied here, §1252(e)(2) does not violate the Suspension Clause.Habeas has traditionally provided a means to seek release from unlawfuldetention. Respondent does not seek release from custody, but an additionalopportunity to obtain asylum. His claims therefore fall outside the scope ofthe writ as it existed when the Constitution was adopted.(DHS v. Thuraissigiam, 2020, p. 2).B. As applied here, §1252(e)(2) does not violate the Due Process Clause.More than a century of precedent establishes that, for aliens seeking initial entry,“the decisions of executive or administrative officers, acting within powers expresslyconferred by Congress, are due process of law.” Respondent argues that this ruledoes not apply to him because he succeeded in making it 25 yards into U. S. territory.But the rule would be meaningless if it became inoperative as soon as an arriving alienset foot on U. S. soil. An alien who is detained shortly after unlawful entry cannot besaid to have “effected an entry.” (DHS v. Thuraissigiam, 2020, p. 3).IV. Background or Discussion of Prior LawA. Current Immigration Laws Pertaining to the Thuraissigiam Case1. Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 110 Stat. 3009–546The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 110 Stat. 3009–546 was passed by Congress in 1996. Prior to the enactment of the IIRIRA, Congress realized the removal process for asylum seekers from the country placed an untenable impact on the system and did not want to risk releasing them into the country only to have them not appear for their removal hearing (DHS v. Thuraissigiam, 2020, p. 1). Justice Alito affirmed this Act was devised to streamline the immigration system by rooting out meritless claims and quickly remove aliens from the country (DHS v. Thuraissigiam, 2020, p. 1). Within the IIRIRA are restrictions which limit asylum seekers from obtaining federal habeas review and permits inadmissible aliens such as Mr. Thuraissigiam to be expeditiously removed from the country (DHS v. Thuraissigiam, 2020, pp. 2, 3). The Ninth Circuit ruled this action was unconstitutional because the respondent’s due process rights were violated due to the suspension of writ of habeas corpus (DHS v. Thuraissigiam, 2020, p. 2).2. U. S. Const., Art. I, §9, cl. 2. (The Suspension Clause)The Suspension Clause in the U. S. Const., Art. I, §9, cl. 2. states, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” (law.cornell.edu, 2020).3. Writ of Habeas CorpusThe Writ of Habeas Corpus is used to determine the validity of a prisoner’s detention by the State. The Latin phrase means “that you have the body.” and originated from the 39th clause of the Magna Carta signed by King John of England in 1215 which states “No man shall be arrested or imprisoned…except by the lawful judgment of his peers and by the law of the land,” (law.cornell.edu, 2020). Habeas Corpus is also used in the examining extraditions, the amount of bail set, and court jurisdiction (law.cornell.edu, 2020).4. 8 U. S. C. (law.cornell.edu, 2020).a). §§1182 denotes classes of aliens ineligible for visas or admissionb). §§1229a(e)(2)(A) outlines the removal proceedings for the inadmissibility or deportability of an alien.c). §§1252(e)(2) lays out the provisions for Judicial review of orders of removald). 8 CFR §1240.11(c) describes applications for asylum and withholding of removal.5. Fifth Amendment, U.S. Constitution (Due Process)Among the number of rights covered by the Fifth Amendment is that of due process. The due process of law is a requirement for any criminal or civil legal proceeding that would deny a citizen “life, liberty or property” (law.cornell.edu, 2020).B. Past Relevant Law CasesDHS v. Thuraissigiam cited several law cases, among those are the following:1. Boumediene v. Bush, 553 U. S. 723, 746 (2008)In a 5-4 ruling, Justices found that individuals captured in Afghanistan fighting against the United States and then detained at the U.S. Naval Station at Guantanamo Bay, Cuba had the right to challenge their detention. These “enemy combatants” would have had to remain in detention for the duration of that conflict. Their aim was for release from detention at Guantanamo (DHS v. Thuraissigiam, 2020, p. 32).2. Nishimura Ekiu v. United States, 142 U. S. 651, 660 (1892)In this case, a 25-year-old Japanese female attempting to enter the U.S. in San Francisco challenged the constitutionality of some provisions of the Immigration Act of 1891. The litigant was detained before entering the country (aboard a sea vessel), immigration officials determined she would be “liable to become a public charge” and detained for removal. Following appeals by the detainee, the Court held that she did not have the right to habeas corpus and that the 1891 Act was constitutional (DHS v. Thuraissigiam, 2020, p. 27).3. INS v. St. Cyr, 533 U. S. 289, 301 (2001)Here the Court ruled that the Clause, at a minimum, “protects the writ as it existed in 1789,” when the Constitution was adopted.4. Munaf v. Geren, 553 U. S. 674 (2008)In Munaf v. Geren, Mohammad Munaf, an American citizen was arrested by U.S. forces in Iraq for allegedly committing a kidnapping. His sister filed a petitioned for habeas through the U.S. District Court in DC who dismissed his case for lack of jurisdiction. Munaf was sentenced to death by an Iraqi court. Eventually, the Court ruled the habeas corpus statute extended to American citizens held overseas in American military custody.V. Reasoning/AnalysisThe Supreme Court was correct in their ruling regarding the constitutionality of the provisions contained in the Illegal Immigration Reform and Immigrant Responsibility Act that allows for the expedited removal of certain applicants seeking admission into the United States. The 7-2 decision by the Court affirmed that the IIRIRA did not violate the Suspension Clause or the Due Process Clause. The IIRIRA provision at issue in this case, §1252(e)(2), limits the review of an alien in expedited removal status from obtaining a petition for a writ of habeas corpus. The ruling in this case only pertained to this specific case and does not impede the asylum claim process for those noncitizens meeting the requirements for asylum.Immigrants entering the United States are not always granted access for a number of reasons as prescribed in §§1225(b)(1)(A)(i), (iii)(I)–(II). In this case, the issue in question is whether §§1252(e)(2) which provides for judicial review of orders of removal was violated by denying the respondent the writ of habeas corpus. Given that the respondent entered the country illegally and upon being observed within 25 yards across the border, he was immediately apprehended and processed for expedited removal. During this process, the respondent, Mr. Thuraissigiam, had the opportunity to establish a claim for asylum; however, during the asylum interview, it was determined he did not establish a “credible fear of persecution” as required by §1225(b)(1)(B)(v).The respondent’s determination for asylum was unfavorable because he did not satisfy immigration officials’ questioning regarding the persecution he would face in his home country of Sri Lanka. During his interview, he admitted by abducted by a group of unknown men and beaten, yet he asserted that he was not fearful of persecution because of his race, political views, or any other protected criteria (DHS v. Thuraissigiam, 2020, p. 9). Immigration officials believed his story about the abduction and beating; however, due to the lack of specifics on who perpetrated this act, the most logical conclusion was to determine that his “credible” fear of persecution failed to meet the standards defined by §1225(b)(1)(B)(v) (DHS v. Thuraissigiam, 2020, p. 9).As to the application of habeas, the concurring Justices effectively argued that the writ was traditionally applied for individuals to seek release from detention. Justice Clarence Thomas provided an insightful historical account of the origin of the Suspension Clause. In his concurrence, Justice Thomas noted the writ over time became a right to freedom from arbitrary detention as well as a procedural writ and later on the common-law writ of habeas corpus to liberty (DHS v. Thuraissigiam, THOMAS, J., concurring, 2020, p. 2). Furthermore, Justice Thomas cited the guarantee in Magna Carta that “[n]o free person (Nullus liber homo) shall be taken or imprisoned, or disseised or outlawed or exiled, or in any way destroyed . . . except by the lawful judgment of his peers or by the law of the land.” (DHS v. Thuraissigiam, THOMAS, J., concurring, 2020, p. 2).The case law relied upon by the respondent and dissenting Justices were inappropriately applied to this case. No current case law was cited that fell within the scope of DHS v. Thuraissigiam. In using the INS v. St. Cyr, this case affirmed by the Court that the Suspense Clause, “protects the writ as it existed in 1789,” when the Constitution was adopted.”, and the respondent was not seeking release from detention but the chance to apply again for asylum (DHS v. Thuraissigiam, 2020, p. 11). Additionally, the Munaf case had nothing to do with seeking entry into the country but another different matter completely. In Nishimura Ekiu v. United States, 142 U. S. 651 (1892), a noncitizen who challenged the constitutionality of the Immigration Act of 1891 was denied the writ of habeas corpus by the Circuit Court and the Supreme Court upheld the lower court’s ruling (DHS v. Thuraissigiam, 2020, p. 26). In Boumediene v. Bush, 553 U. S. 723, 746 (2008), Justices ruled that individuals captured in Afghanistan while fighting against the United States and detained at the U.S. Naval Station at Guantanamo Bay, Cuba had the right to challenge their detention. However, they were petitioning for release from detention at Guantanamo (DHS v. Thuraissigiam, 2020, p. 32) unlike the petition filed by the respondent.The position of Justice Sotomayor indicated the interviewing Asylum Officer and his supervisor’s determination was inappropriately reached and gave the appearance that she questioned the competency of the immigration officials in executing their duties. Her instinct appeared to with the plaintiff over the decision of the immigration officials. Justice Sotomayor’s statement, “But respondent sought only the proper interpretation and application of asylum law (which statutorily permits him to remain if he shows a credible fear of persecution)” (DHS v. Thuraissigiam, SOTOMAYOR, J., dissenting, 2020, p. 16), highlighted her concerns over whether the plaintiff’s claims of creditable fear of persecution was correctly determined despite information from the asylum interview by the plaintiff in which he clearly affirmed he did not fear persecution based on ethnicity, political view or any other reason (DHS v. Thuraissigiam, 2020, p. 9). Immigration officials processed the respondent’s asylum claim appropriately and the respondent provided additional testimony to an Immigration Judge who approved a “de novo” review and remanded the case to the DHS for removal (DHS v. Thuraissigiam, 2020, p. 29).The system works only if each branch of power trust that the others are operating in good faith. The Executive empowers officials to execute and enforce those laws legislated by the Congress. Justice Alito reminded that the Court held that Congress was allowed to determine the conditions for lawful entry into the country and that, “an alien at the threshold of initial entry cannot claim any greater rights under the Due Process Clause. (DHS v. Thuraissigiam, 2020, p. 2).VI. ConclusionImmigration into the United States continues to be a significant issue for the country as well as for the thousands of immigrants petitioning for entry. For decades immigrants have attempt to and many have circumvented the law to gain access. Congress upon realizing the heavy burden of adjudicating the numerous cases of asylum seekers felt it necessary to relive some of the burden from the immigration system by enacting the IIRIRA. Certain provisions provide for the expeditious removal of alien immigrants not meeting standards set by Congress.As stated in the Court’s Opinion, “The past decade has seen a 1,883% increase in credible-fear claims, and in 2018 alone, there were 99,035 claims.” (DHS v. Thuraissigiam, 2020, p. 8). The men and women who patrol our borders and are empowered by the Executive to enforce the laws passed by Congress are extremely aware of the way our immigration system is abused by those seeking to skirt the law to enter the country.Justice Alito concluded that the respondent, Mr. Thuraissigiam, did not have a constitutional right to habeas review because historically, the primary use of writ of habeas corpus was mainly for release from detention, which he did not request but rather to vacate his expedited removal order to permit him another chance to apply for asylum (Shah, 2020). Additionally, any due process rights granted to him would be limited by statute rights and not the Constitution (Shah, 2020).By being apprehended 25 yards from the border while attempting to enter the country illegally, the only rights the respondent has are those afforded by statute and is therefore not entitled to procedural rights. Therefore, the Suspension Clause nor the Due Process Clause of the Fifth Amendment were violated and the IIRIRA’s limitations on habeas review in Mr. Thuraissigiam’s case were applied constitutionally (DHS v. Thuraissigiam, 2020, p. 2).Future Impact of Court’s Ruling on Suspension Clause and the Writ of Habeas CorpusThe impact of this 7-2 Supreme Court decision will be minimal on asylum seekers as long as they are able to sufficiently prove a “credible” fear of persecution that meets the standards defined by §1225(b)(1)(B)(v). In several instances, the Justices used the terminology in the effect of “an alien in respondent’s position” to underscore that this is was a situational case and that the law would be applied to each case accordingly. The two dissenters in this case, Justices Sotomayor and Kagan, highlighted concerns that other critics of the Court’s decision held in that at what point once a noncitizen physically enters the U.S. does he or she have access to habeas corpus and due process protections (Shah, 2020). The Director of Appellate Litigation for the National Immigrant Justice Center, upon learning the Court’s ruling declared, “Today’s Supreme Court decision paves the way for more mistreatment of asylum seekers, for more illegal and arbitrary denials of protection, and tells the federal courts to stand by and watch it happen.” (National Immigrant Justice Center, 2020). Comments such as this shows how overly biased some groups are and that they do not look at the specific circumstances behind each ruling despite what the law states. The immigration laws as written provide clear guidelines on admissibility into the country. Should others want these laws to be expanded or changed, they will need to take it up with the Congress.SourcesBoumediene v. Bush. (2008). Retrieved from: https://casetext.com/case/boumediene-v-bush-5Casetext.com. (2020). 8 U.S.C. § 1252. Retrieved from: https://casetext.com/statute/united-states-code/ti…Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020). Retrieved from: https://www.supremecourt.gov/opinions/19pdf/19-161…Law.cornell.edu. (2020). 8 U.S. Code CHAPTER 12—Immigration and Nationality. (2020). Retrieved from: https://www.law.cornell.edu/uscode/text/8/chapter-…Munaf v. Geren, 553 U. S. 674 (2008). Available from: https://www.oyez.org/cases/2007/06-1666?_escaped_fragment_=&_escaped_fragment_=#!National Immigrant Justice Center. (2020). U.S. Supreme Court Limits Judicial Review Over Expedited Removal. Retrieved from: https://immigrantjustice.org/press-releases/us-supreme-court-limits-judicial-review-over-expedited-removal.Shah, Aditi. (2020). The Supreme Court Rules Against Judicial Review of Expedited Removal. Retrieved from: https://www.lawfareblog.com/Question 1-BProduce 6 pages of the final Position Paper from the draft – TOPIC; The Do’s and Don’t on the constitutionality of the FBI electronic surveillance program focusing on the “400 Intelligence Surveillance Act (FISA), 50 U.S.C. 1809 statue.As set forth in the syllabus, you are going to write a research paper that must address a legal issue raised in this class or the class readings. Also, a research paper must do more than summarize your findings. Instead, your research paper must have a clear thesis. A thesis is a statement that you seek to prove with evidence in your paper. Because this class is a Legal Studies class, you should limit your evidence to legal sources, i.e., cases, law review articles, and other primary and secondary legal sources. If you write a case note, you should select a recent Supreme Court case and then you should provide your analysis of that majority’s reasoning and the legal effects of that case. I have attached a handout that describes the parts of a case note:https://scholarship.law.umt.edu/mlr/writing_a_case_note.pdfQuestion 2, Focusing on whether you make a strong legal argument supported by legal sources – 4 pagesFor close to over 40 years, federal gun laws have always barred specific individuals with mental health treatment history from possessing, receiving, and purchasing firearms. However, state laws are a patchwork of various regulations, including the federal statute, which some exclude such laws on mental health history assessment. The debate on whether Congress should require all gun buyers to disclose their background check application, whether they have a history of mental illness and whether those applicants will be prescribed antidepressants within the past three years raises several questions for both the proponents and opposers.For proponents, although it is appropriate for Congress to demand all gun buyers to disclose their background check application, whether they have a history of mental illness, there has been a question of whether it is a sufficient justification for gun disqualification. The American Psychiatric Association (APA) has scientifically proved that most non-violent individuals do not have a mental illness, and most people who have mental illness are violent. According to APA, there is very little evidence linking mental illness to gun violence? (Baumann & Teasdale, 2018). Therefore, is a history of mental illness assessment sufficient enough to warrant gun access dispossession?Besides, the conception that a history of mental illness is a bad risk for firearm possession raises further questions about its legality. What criteria should be used to determine individuals whose mental illness history poses a severe threat if allowed to access a firearm? Two, under what conditions should the existing prohibition end.For opposers, who argue that such a move by Congress will impede the Second Amendment by denying individuals to bear arms for personal protection, the question remains whether the right is unlimited. The right is limited to specific categories of people, including the mentally ill and felons (Felthous & Swanson, 2016). So does the restriction by Congress to limit gun possession to mental history assessment violates the Constitution? Also, does such gun laws requiring assessment of mental illness history impede a patient’s privacy rights?ReferencesBaumann, M. L., & Teasdale, B. (2018). Severe mental illness and firearm access: Is violence the danger? International Journal of Law and Psychiatry, 56(2), 44–49. https://doi.org/10.1016/j.ijlp.2017.11.003Felthous, A., & Swanson, J. (2016). Prohibition of persons with mental illness from gun ownership under Tyler. Psychiatric Law http://jaapl.org/content/jaapl/45/4/478.full.pdfFor close to over 40 years, federal gun laws have always barred specific individuals with mental health treatment history from possessing, receiving, and purchasing firearms. However, state laws are a patchwork of various regulations, including the federal statute, which some exclude such laws on mental health history assessment. The debate on whether Congress should require all gun buyers to disclose their background check application, whether they have a history of mental illness and whether those applicants will be prescribed antidepressants within the past three years raises several questions for both the proponents and opposers.For proponents, although it is appropriate for Congress to demand all gun buyers to disclose their background check application, whether they have a history of mental illness, there has been a question of whether it is a sufficient justification for gun disqualification. The American Psychiatric Association (APA) has scientifically proved that most non-violent individuals do not have a mental illness, and most people who have mental illness are violent. According to APA, there is very little evidence linking mental illness to gun violence? (Baumann & Teasdale, 2018). Therefore, is a history of mental illness assessment sufficient enough to warrant gun access dispossession?Besides, the conception that a history of mental illness is a bad risk for firearm possession raises further questions about its legality. What criteria should be used to determine individuals whose mental illness history poses a severe threat if allowed to access a firearm? Two, under what conditions should the existing prohibition end.For opposers, who argue that such a move by Congress will impede the Second Amendment by denying individuals to bear arms for personal protection, the question remains whether the right is unlimited. The right is limited to specific categories of people, including the mentally ill and felons (Felthous & Swanson, 2016). So does the restriction by Congress to limit gun possession to mental history assessment violates the Constitution? Also, does such gun laws requiring assessment of mental illness history impede a patient’s privacy rights?ReferencesBaumann, M. L., & Teasdale, B. (2018). Severe mental illness and firearm access: Is violence the danger? International Journal of Law and Psychiatry, 56(2), 44–49. https://doi.org/10.1016/j.ijlp.2017.11.003Felthous, A., & Swanson, J. (2016). Prohibition of persons with mental illness from gun ownership under Tyler. Psychiatric Law http://jaapl.org/content/jaapl/45/4/478.full.pdf
Tufts University FBI Electronic Surveillance Program and FISA Discussion Questions