ShantanuT01/DACTYL-Pretraining huggingface dataset:
Introduction Since 1947, judicial activism has been a hotly debated topic targeting judiciary and American judges. Besides being a permanent discussion, it has been studied and debated at length. In order to fully understand this concept, it is imperative to give it a proper cogency and greater coherence. To begin with, judicial activism may be defined as judges’ habit of diverting from the existing law when making rulings due to skewed political or personal interests. A critical example is whereby judges make rulings against those who have constitutional right by disregarding a formal model of law and basing their judgments mainly on pre-conceived ideologies. This essay explores the arguments for and against judicial activism and also examines potential conflicts between USA Patriotic rights and the 4 th Amendment rights. The rubric for measuring judicial activism is wide and well elaborated in a continuum of dealings by federal judges such as wrong interpretation of accepted methodology, using a policy that is substantive, adjusting interpretations and doctrines that had been established earlier on as well as inventing theories and rights that are new in order to replace existing ones. Besides, judges can exceed court’s jurisdiction while exercising their powers, fail to follow precedent and be inconsistent when issuing an opinion. They can also take sides when making decisions, use remedial powers that are broad and disregard the originalist view when interpreting the constitution. Other conceptions regarding judicial activism emanating from politicians, media, lay people and the scholarly class include issuing holdings that are not minimalist but maximalist alongside failing to follow traditional modes of judgment similar to their predecessors. Arguments that support and oppose judicial activism may be based on how individuals have decried judicial activism, praised and attacked with equal strength some of the opinions made by judges. Today, the populace and politicians in general continue to display a continuum of reactions. This may not be a strange practice at all since it has been embraced from the beginning. For instance, the move to have chief justice Earl Warren removed from the bench in the 1950’s by the Supreme Court triggered a dramatic response from th
Claiming that the history of Australia is unique would be pointless since the specifics of cultural, economic and political development of any state has a range of specific features, which stem from the state’s identity and predetermine the uniqueness of the patterns of historical development (Allen 1989). However, in case of Australia, the evolution of the continent should be considered unique both compared to the rest of the continents and on its own merits, judging by the traditional patterns occurring in the history of every single state. When talking about the uniqueness of the Australian evolution, one traditionally mentions its colonial stage of development, i.e., the point at which the state was used as a prison for political convicts (Aveling 1979). Though colonial Australia is traditionally represented as the location for the European convicts to serve their sentence, whereas little light is shed on the conflict between the local people and the colonialists, the armed resistance of the latter to the forces of the United Kingdom and other states is also represented in a range of ways, starting from the attempt at pointing at the failures of the colonists in their diplomatic endeavours (Reynolds 1989) to depicting the deplorable state of the Australian women in the realm of the chauvinist environment and the first attempts at introducing the feminist principles into the realm of the Australian culture. Despite the numerous differences in the approaches towards describing the colonist era of the Australian history, the works by Reynolds and the collection of works compiled by Quartly share a range of common ideas regarding the environment, in which the Australian policies were shaping and the changes that the state was yet to undergo, as well as the effects that these changes would have on Australians’ social life, economics and culture. Reynolds’ work has several strengths, the key one being its accuracy and an impressive overview of rather broad evidence concerning the Australian colonial society. Reynolds seems to be sympathetic towards the native Australians, yet he does not shy away from mentioning the mistakes that both sides made when the process of colonization was taking place. Nevertheless, some of the details of Reynolds’ book do not leave room for doubts regarding his opinion on the issue; for example, the very title of the paper sets the mod for the interpretation of the colonial period, with the British people being called “invaders” (Reynolds 1996, p. 4). It is worth noting that Reynolds asks the question that seems to have slipped out of Quartly’s work: in contrast to Quartly, Reynolds considers the actions of the white Australians – or the lack thereof, to be more exact – from an ethical standpoint. Herein lies the key weakness of the paper: Reynolds tries to be objective, yet fails for the most part. As it has been stressed above, Quartly provides an entirely different way of looking at the situation in colonial Australia. While Quartly dos not exactly deviate from discussing the political dilemmas, such as the confrontation between the native Australians and the Briti
Job description largely refers to the official documentation of an employee’s roles and responsibilities at the workplace. The following section of the paper describes the job description of a General Manager and Secretary to the General Manager in a small Plastic Products Factory that is yet to be established. The General Manager The factory’s General Manager should play all the core administrative roles. Some of these roles include leading the organization, coordinating operations on a day-to-day basis, controlling both human and capital resources, organizing activities, and planning (Hobson, Strupeck, and Szostek 8). The General Manager is the driving force of an organization because he offers much-needed leadership. Currently, the main administrative functions include:   * Setting goals and objectives (planning);   * Analyzing emerging situations (identifying the problems);   * Solving problems;   * Organizing and allocating resources (financial and technological resources and people);   * Communicating, directing and motivating the entire workforce and other stakeholders (hence, he offers leadership);   * Negotiating contracts on behalf of an organization ;   * Formulating and making decisions in a prompt and accurate manner;   * Measuring and evaluating organizational success (or exercising control). Defining a General Manager’s roles Hence, the job description of a manager can be condensed into the following key areas:   * Exercising control   * Offering leadership   * Organizing resources   * Executing planning Planning Defining the company’s future by setting goals, how the goals will be achieved, and the general purposes and objectives. Planning involves determining the presence of what is expected for the future of the organization, involving what decisions should be taken so that the goals and purposes are achieved (Hurtado, Mukherji, and Mukherji 270). Organizing A manager facilitates the process of organizing any set of resources in a framework that promotes the realization of goals. The organizational process results in the ordering of parts of a whole, or the divisio
Introduction Keeping fit is a challenging task in the modern world. A range of factors restrict people’s chances of keeping in a good shape. For instance, the abundance of fast food along with sedentary lifestyle triggers an immediate weight increase. Obesity, in its turn, leads to a variety of complications from heart diseases to diabetes. A well thought out activity program may address some of the issues identified above for a while. However, to be in good health, one must maintain fitness throughout one’s entire life. Though seemingly impossible, a lifelong activity can be encouraged once a coherent plan spurring motivation in the participants is created. Plan Support Prior to setting the plan into motion, one must make sure that there is enough external support. Family members are the most likely source of encouragement. As long as one feels that someone will provide assistance in case of an obstacle or a problem, the possibility of following the program will increase. Equipment Since sports equipment is rather expensive, it will be necessary to restrict the choice of tools to a rather small set. However, the rest of the items can be substituted with cheaper substitutes. For instance, the treadmill can be replaced with a run down the nearby lane. In addition, creating sand dumbbells will not be a problem, either, as the required resources can be purchased for a comparatively small price. Using a roof beam as a pull-up bar should also be viewed as an option. Finally, a chest expander can be crafted with strings of rubber and two handles. Costs In light of the policy described above, costs can be reduced significantly. Once the above tools are assembled, one will have to consider buying a pair of sneakers ($50) and a skipping rope ($15) for exercises. In addition, the literature that sheds light on keeping physical, psychological, and spiritual fitness will have to be purchased. Thus, one will be able to stay in the budget ($100). Goals Contrary to what one might assume, losing a certain amount of weight is not the focus of the plan. Instead, the plan is aimed primarily at changing the lifestyle of the participant to a healthier one by making them recognize the significance of physical fitness. Developing the habit of spending at least ten minutes per day on physical exercises is the next most important goal of the project, whereas losing or gaining weight is among the secondary ones. Plan  1. Designing the diet that is both nutritional and healthy (a balanced amount of fats, proteins, minerals, and water);  2. Restricting the number of daily means to three (breakfast, lunch, and dinner);  3. Exercising for at least five minutes per day;  4. Reading a scholarly article on nutrition at least once a week;  5. Visiting professional sites addressing health issues regularly;  6. Using counseling services of an expert in health and fitness;  7. Making regular checkups at the local healthcare facilities. Wheel of Health Movement, relationships, and nutrition are the
Introduction The Body Shop Australia is a shop that deals in beauty products such as skin care, hair care, lotions, make up, and community trade. Although The Body Shop Australia currently offers online shopping to its consumers, safety and security over the cyberspace has become such an important issue in determining consumer behavior. The consultancy thus intends to introduce a Secure Online Shopping System (SOSS) for The Body Shop Australia’s customers. Secure online shopping system is a platform where consumers of the product are able to make orders on particular product and make payments using their credit cards. The SOSS platform will ensure the safety and security of those cards. Research carried out by different organizations shows that the level of trust on internet shopping of many Australians has increased making them willing to shop online as long as their security is ensured (Access Economics 2010). Since the development of electronic commerce practitioners of E-commerce have strived to gain insight into consumer behavior in cyberspace. SOSS target to woe global consumers of beauty products to make their purchases online. Economical and social responsible purchasing behaviours of consumers have become significant determinant of consumer behaviour therefore SOSS will ensure that consumers’ social and economic welfare is well thought-out. Consumer Behavior Report, 2009 indicates that online consumers continued to use the internet amidst the economic recession experienced in Europe. According (Access Economics 2010) the highest number of internet users in Australia are those aged between 25 to 44 years. It further state that online purchases amongst these internet users are done by those in their late teens and early twenties. As a result, the SOSS platform will be used as that mainly target the individuals in the age bracket that use internet shopping frequently- college students . Issues facing consumers in adopting SOSS Each year, vast numbers of new products in different groups are launched globally. Factors such as growing advertising costs and increasing competition have made the successful implementation of a new product more difficult in recent years (Aaker 1996, p.34). The concept of E-commerce in relation to the topic of online consumer behavior has been examinined by different researchers in a variety of contexts. Despite the immense progress that researchers from different business disciplines that have made on this vast and new concept, none of these studies has focused on the security dimension of online shopping. Thus, introduction the security aspect in online shopping services to be offered at The Body Shop of Australia will attract if not all, most online shoppers of beauty products. According to reviews done by different researchers indicate that earlier researchers in these field mostly draw theories from classical consumer behavior, such as personality research, behavioral learning, attitude models, and information processing (Folkes 1988; Skinner 1938; Bettman 1979 & Fisbein 1967). To
Transportation excellence is the main factor, which helps many companies to save costs and deliver the best possible quality of services to their customers. Designing physical distribution systems to meet market needs is a dynamic problem, for continuous changes in markets, products, and processes bring about new physical distribution techniques and patterns. Competition and pressures to reduce costs are also stimuli. The article by Dan Gilmore vividly portrays the main components of transpiration excellence and their importance for the supply chain. The main success factors are process improvements, shipment optimization, reduction of transportation costs, and improved quality. Demand characteristics are directly related to physical distribution systems. Where demand is widely variable, then distribution facilities are usually concentrated in fewer locales. Where demand is continuous and rather consistent, as is the case for some food products, distribution facilities can be decentralized. A highly variable demand makes it difficult to design effective physical distribution systems and control costs, while a stable demand permits it (Gilmore, 2002). In between these extremes, where demand patterns can be discerned through analysis, as with seasonal products, reasonable distributions systems may be approximated. High-value items, if heavily stocked, mean a heavy inventory investment and hence increased costs. Their storage is often minimized. For them, transportation is a modest amount of the total price. Physical distribution systems are geared to the optimization of the system as a whole rather than any part of it (Christopher, 2005). Process improvement is crucial for transportation excellence as it allows companies to reduce the number of employees and improve service quality. Effective allocation can only be achieved, however, through planned behavior. Although finance and production have long been planned, marketing activity has not. Often it has been performed rather haphazardly. The emphasis on planning of
Business Ethics Business ethics are moral principles that govern the conducts and operations of firms. Additionally, ethics provides a code of conduct that guides suitable behaviour within an organisation. According to the case, business ethics is the observance of rules and regulations that have been put in place. In most cases, ethics is identified with the responsibility of considering the needs of customers and addressing issues concerning adherence to laws governing business processes. For example, businesses have the responsibility of observing regulations put in place by various states to govern the business conduct. Besides, businesses have the responsibility of producing goods and services that offer solution to the problems afflicting society. Essentially, ethics deter businesses from engaging in disreputable practices such as alteration of weights and measures, misleading advertisements and exploitation of workers. Ethics provides a standard set of conduct that must be voluntarily adhered to by all businesses. In most cases, the code of conducts highlights standard behaviour for the welfare of society. In fact, codes of conduct contain moral principles under which the business operates. Even though different countries formulate varying laws that govern businesses, certain universally conventional conducts guide the operations of businesses. For instance, most companies stick to the voluntary principles of security and universal human rights that protect employees against any labour violations in developing countries. The interests of various social groups such as consumers, employees, small businesses, government and shareholders are protected by business ethics. In an attempt to understand the priorities and interests of external players in a business environment, it is ethical to engage all the stakeholders in decision-making process. Therefore, business ethics provides a forum where such issues can be addressed professionally. For instance, in a situation where resettlement of a community is required to allow for mining of important minerals, the government, community and the employees need to be consulted. Child labour as the most serious issue and the possible solution Child labour is one of the serious ethical issues that businesses have to deal with in their daily activities. In fact, child labour has been declared illegal and unethical globally. Children should constantly participate in activities that enhance their personal development and good health. ILO estimates that over 200 million children across the globe are ensnared in child labour with majority from developing countries. Essentially, child labour is the involvement of any kind of work that is harmful to a child’s physical and mental development. As such, child labour denies a child the right to have a normal growth and development as well as important aspect in life such as educ
Abstract The paper unveils critical insights of possible exemptions to the Exclusionary Rule while focusing on acceptable sources of evidence, search methods, and techniques that can be used to acquire information. Simultaneously, it provides important details about the concepts such as “Plain View” doctrine, dying declaration, appropriateness of lying, and many others. A combination of these matters will ease the decision-making process and speed the investigation. Introduction Nowadays, the legal system develops a sufficient framework of rules and regulations that control the order in society. The Exclusionary Rule is one of them, and the primary goal of this paper is to review various cases that can be defined as exemptions to this concept. In this instance, such matters as human error and lying to a suspect will be discovered. In the end, the conclusions are drawn to summarize the findings. The Concept of Admissibility of Plain Sight Evidence In the first place, the concept of admissibility is applicable when there is evidence of wrongful activity, and the police officer is present at the place where he has a legal right to be. At the same time, this type of evidence is admissible, if it is collected with the help of observations from a public place such as a supermarket (Gardner & Anderson, 2015). In this instance, no search activities are allowed. A combination of these matters complies with the principles of the “Plain View” doctrine, and in this case, collected evidence can be seized and used during trials (Gardner & Anderson, 2015, p. 394). Consequently, the legal requirements referring to the plain sight seizure can be formulated as providing a clear rationale for the occurrence of crime, obtaining evidence without search, ensuring plain sight nature of the evidence, and underlying the importance of the process for investigation. Evidence Found without the Questionable Search It remains apparent that the Exclusionary Rule aims at protecting the personal rights of the individuals. Nonetheless, one of the exemptions is the fact that any evidence found by police officers is admissible even if it was obtained illegally (Gardner & Anderson, 2015). This procedure can be referred to as inevitable discovery only if this type of evidence was predicted or could have been found during the process of investigation. In this instance, one of the examples of the application of this concept is Nix vs. Williams’s case, and the police officers used Williams’ statements and found the body of the missing girl while providing this evidence to the court (Gardner & Anderson, 2015). Apart from clear violations of rights and the Exclusionary Rule and illegal actions of the officers, this evidence was admissible since the body of the girl could have been discovered during the investigation. Investigators and Human Error Apart from having a strict set of rules that have to be followed, the Court considers the human nature of the investigators and st
Different types of transport involve dissimilar safety risks, and all of them require the use of specific strategies to be reduced. In aviation, apart from technical difficulties during flights, these risks are presented by runway incursions. This term is used to define any case in which an individual or an object entering the runway poses a threat to other people’s safety. The occurrence of runway incursions always involves significant risks – there have been numerous cases of collisions with human casualties. Runway incursions are widely recognized as the most significant challenge to the safe operation of the runway systems. For instance, in 1977, more than five hundred people died in Tenerife as a result of an incursion (Wilke, Majumdar, & Ochieng, 2015). The problem can have different degrees of severity depending on the type of object entering the runway. The majority of runway incursions are not high-risk events since they involve only one air vehicle; nevertheless, the prevention of such incidents is particularly important (Wilke et al., 2015). Modern researchers pay focused attention to the development of tools helping to exclude any runway incursions, but there are still some challenges to safety management. According to Wilke et al. (2015), some studies utilize theoretical approaches to analysis that neglect the role of airport design, pedestrians, and drivers in runway incursions, thus creating analytical tools that are of a limited practical significance. FAA (2018), the authority in the field of aviation, lists a number of technologies aimed at maintaining runway safety; they include special training sessions for pilots and the creation of safe areas for the aircraft. Concerning safety challenges, it is sometimes impossible to build safety areas that fully meet the required standards due to the unwanted characteristics of the land (limited space, natural and industrial obstacles, etc.) (FAA, 2018). Therefore, despite experts’ efforts, there are no incursion mitigation strategies that would work perfectly in all cases.