Memo about (Absolute Zero - The Conquest of Cold ) Essay

Memo about (Absolute Zero - The Conquest of Cold ) - Essay Example In addition, the theory also emphasized that heat could neither be â€Å"destroyed† or â€Å"created.† Entrepreneurs like Frederick Jude and Henry Feroe, who started a company that offered shipment services that were preserved by ice which he got from around his place. He knew that ice (cold) could be used as a preservative and hence commercialized its use. The idea became more popular as the world got into the industrial revolution. If not for Joule, the concept of energy conversion from mechanical to heat energy could not have been utilized. Joule demonstrated through his experiment of the possibility of converting Mechanical energy into heat. It is by the help of Thompson that he improved on Joules theory and came up with the Laws of Thermodynamics. The first Law of thermodynamic stated that energy can always be converted from form to form, but cannot be destroyed or created. The second Law of Thermodynamics stated that heat cannot move from a cool surface to a hot s urface. The first substance to be used in artificial refrigerators as working liquid was ammonia liquid. It is evident from the documentary that the invention of the refrigeration system took a very long time as it entailed a cocktail of a number of theories before it was actualized. After the first artificial prototype was made, several attempts to come with a good refrigeration system was put in place and several companies ventured into its production becoming a commercial product. In the documentary, I found it interesting how the refrigerator came to be made. As we live in today’s world, one cannot always appreciate some of the inventions unless they look back into the history involved in its making. It is a fact that the making of the first artificial refrigeration system took many decades before it came in place as it entailed a number of theories and facts before any agreement could be made regarding how it should work. Eventually, through the discovery of the law of conservation

Constitution in Kenya Essay Example for Free

Constitution in Kenya Essay 1.1 INTRODUCTION The agitation for a new Constitution in Kenya was informed by various past historical injustices ranging from economic, social, cultural and civil to political matters. At the political level, issues on centralized and ironfisted governance kept popping year in year out. The passage of the Constitution of Kenya, 2010 on 4 August, 2010 and its subsequent promulgation on the 27 August, 2010 arguably ushered in a new dawn in Kenya not only in governance but also in the various sectors of the Kenyan society.1 Its adoption has been taunted as the greatest milestone Kenyans have ever achieved other than attaining independence in 1963. 2 The joy at the enactment of the Constitution of Kenya 2010 could not be captured in any other better words than as Justices J. W. MWERA, M. Warsame and P. M. MWILU did in Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another3 where they stated: Only last year and in our early maritime history we constructed a great ship and called it our new Constitution. In its structure we put in the finest timbers that could be found. We constructed it according to the best plans, needs, comfort and architectural brains available. We tried to address various and vast needs of our society as much as possible. We sent it to the people who ratified it. It was crowned with tremendous success in a referendum conducted on 4th August 2010. We achieved a wonderful and defining victory against the â€Å"REDS†. We vanquished them. The aspirations and hope of all Kenyans was borne on 27th August 2010. We achieved a rebirth of our Nation. We have come to revere it and even have affection for it. We accomplished a long tedious, torturous and painful chapter in our history. We all had extraordinary dreams. It is a document meant to fight all kinds of injustices. It is the most sophisticated weapon in our maritime history. As Kenyans we got and achieved a clean bill of constitutional health. However, the honeymoon is over, it is time to do battle with it.4 However, at the launch of the 2011/2012 Annual Report of the Commission for the Implementation of the Constitution (CIC),5 Mr. Charles Nyachae6 remarked : When Kenyans voted for the Constitution of Kenya 2010, they voted for change and transformation in  the way delegated sovereign power is exercised by government. To achieve good governance, there is need for respect for the rule of law and a leadership that meets the requirements chapter six of the Constitution on leadership and integrity. There is no person or institution that is above the Constitution or is excluded from its requirements. All persons and all state organs are bound by the Constitution and its principles. It is therefore disturbing and a recipe for crisis to have individuals and state organs that have failed to respect the Constitution or the law in any form including judgments of the court. The name for such conduct is impunity and impunity is the antithesis for good governance. Thus, this paper delves into how the National Assembly remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution of Kenya, 2010. In this paper, the term Parliament and National Assembly will be used interchangeably to refer to one and the same institution. 1.2 BRIEF HISTORY OF CONSTITUTION MAKING IN KENYA One of the institutions that were created when individuals entered into civil society is the Constitution. Mr. John Mutakha Kangu7 succinctly explains that having invented a life of civic and or political society, the next realization was the need for some form of law and government to regulate the manner in which human beings dealt with each other.8 He further points out that there was need for rules of engagement which could be used to regulate how members of the society relate, not only with each other but also with the common power.9 The Constitution therefore gives the terms and conditions between the people and the government and the relationship between the people themselves. At independence, Kenya adopted the Independence Constitution under the leadership of Mzee Jomo Kenyatta. The most striking feature of this Constitution was the centralized system of government vested in the Presidency. The Executive dictated what was to happen in the other arms of Government, be it the Legislature or the Judiciary.10 With respect to the Judiciary, the President had the discretion of appointing the Chief Justice and the other members of the superior courts of record.11 It is for this reason that some scholars have argued that the appointment of judicial officers was shrouded in mystery.12 The legislature acted as a rubber stamp for any executive action.13 The agitation for a new Constitution began in  earnest in the 1980’s with demands for expanded democratic space at a time when Kenya was a single party state by law. Most of the civil society and human rights groups demanded the repeal of section 2A of the Constitution that made Kenya a de jure one party state.14 Former president Moi’s government bowed to this demand and amended s.2A of the repealed Kenyan Constitution thus ushering in a new era of multipartyism in Kenya. In the 1992 elections, the opposition was di vided thus ensuring Moi’s retention of power by a simple majority. The Ufungamano Group of 1997 is indicative of a serious demand by civil society groups, human rights activists, opposition leaders and members of the Non-Governmental Organizations (NGO’s) for a new Constitution in Kenya.15 The Law Society of Kenya (LSK), the umbrella regulatory body advocates in Kenya, provided Kenya with visual aid and making of the Model Constitution in November 1994 and the government’s opposition to the re-writing of the Constitution became weaker. However, it did not make a concession.16 The government had no trust in the ability of Kenyan lawyers to draft a Constitution for Kenya. It was on 1 January 1995 that president Moi announced that he was inviting Western Constitutional lawyers to assist the country in re-writing the Constitution. The government however did nothing despite the fact that the pressure for the review to begin was mounting.17 The Western countries were also concerned with the blatant laxity in the government towards Constitutional review yet a lot of agitation for review had been made. In May 1996 when the then United States Ambassador to Kenya, Aurelie Brazeal visited the then Attorney General, the Honorable Amos Wako, he ably convinced the government into conceding that the country needed Constitutional review as a matter of urgency. However despite this concession, no step was taken towards the review process.18 It was in 2000 when the government formed the Constitution of Kenya Review Commission (CKRC) to spearhead the Constitution review process.19 The commission began its work in earnest going all over the country collecting and collating views of Kenyans on the Constitution review process. A National Conference was held at the Bomas of Kenya where a draft Constitution that was a product of intense deliberations, compromises and consensus was agreed upon. However, some persons in the Hon. Kibaki’s government retreated to Kilifi where with help of the then Attorney General, the Honorable Amos Wako, radically altered and mutilated the Bomas draft. In  the referendum carried out in November 2005, the government suffered a humiliating defeat as the proposed Constitution was overwhelmingly rejected. The impact of this development was a cabinet reshuffle that threw out all cabinet ministers who opposed the Constitution. These members formed a formidable opposition group preparing Kenya for the most hotly contested election in the Kenyan history. When elections were held in December 2007, very few Kenyans were anticipating the aftermath of that election. Violence engulfed the country immediately the result for the presidential election was announced on the 30 December 2007 leading to the death of more than 1000 persons and the displacement of thousands of others. Dr. Koffi Annan chaired negotiations aimed at reconciling the two warr ing parties, the Party of National Unity (PNU) led by President Mwai Kibaki and the Orange Democratic Movement (ODM) under the leadership of Hon. Raila Odinga. The negotiations yielded the grand coalition government. The government committed itself to the implementation of all the terms and conditions under which the coalition government was founded as dictated by the National Accord and Reconciliation Act, 2008.20The most reformative of this was the Agenda Four that demanded of the government to carry out comprehensive reforms on land, the Constitution and other sectors of the Kenyan society. The adoption of a new Constitution was therefore top of the agenda of the coalition government. The Constitution of Kenya Amendment Act, 2008 was enacted creating a body called the Committee of Experts (CoE) to lead in the writing of a new Constitution. Participation of Kenyans was also comprehensively provided for in the Act. On the 4 August 2010, the proposed Constitution of Kenya was subjected to a referendum receiving an overwhelming endorsement of 67 % of the voters. The promulgation of the Constitution on the 27th August 2010 indeed ushered in a new dawn in Kenya.21 One of the institutions that were apparently aimed at being regulated is the National Assembly. This was informed by the fact that the institution had been used and by extension allowed itself to be used by the powerful Executive arm to rubberstamp actions that were aimed at either mutilating the Constitution or gagging the rights of Kenyans.22 Even as late as 2003, the National Assembly wanted to impose a Constitution on Kenyans yet the foundation of a civilized society is that sovereignty belong to the people.23 Were it not for the intervention of the High Court, the National Assembly could have arrogated to itself the  power to adopt a new Constitution way back in 2004.24 PART II IMPLEMENTING THE CONSTITUTION OF KENYA, 2010 Many Kenyans sighed with relief when the Constitution was promulgated on 27 August 2010 but a few wise people cautioned that ‘adopting the Constitution is a move in the right direction, implementing it is the big deal.’25 It is noteworthy that one of the major players in the Constitution implementation is the National Assembly.26 The big question that this paper seeks to answer is whether the National Assembly has discharged that noble duty as expected. It will be noted that the National Assembly has confirmed the propositions of Karl Marx who in his theory opined that the rich uses the law to protect themselves. 27 WAYS IN WHICH PARLIAMENT HAS BEEN POSITIVE IN IMPLEMNTING THE CONSTITUTION It would be legally impossible if one was to argue that the National Assembly has done nothing in the implementation of the Constitution for to suggest so would mean the Constitution remains completely unimplemented. This part of the paper highlights the achievements of the said institution which have ensured that the letter and the spirit of the Constitution are effectively and faithfully implemented. 2.1 EXERCISING OVERSIGHT OVER THE EXECUTIVE One of the cardinal duties of the National Assembly is to exercise checks and balances over the other arms of the government in general and the Executive in particular.28 This follows from the foundation of a civilized society in which it was agreed that a government had to be formed so as to ensure protection of the welfare of all members of the society.29 It was however noted that if all the state power was left to be exercised by one person, then the said person was likely to be a tyrant.30 It for this reason that Baron De monthesque vehemently argued for a three-armed government so that each of the arms would be a watchdog over the rest.31 It is for this reason that the Constitution of Kenya provides that the National Assembly manifests the diversity of the nation and represents the will of the people.32 The will of the people is said to have been negated when one arm of government makes decisions that are tantamount to the spirit and letter of the Constitution.33 If there is one act by the Executive that generated more heat in the implementation of the Constitution is the President’s unilateral appointment of the Chief Justice (CJ), the Director of Public Prosecutions (DPP), the Controller of Budget (CoB) and the Attorney General.34 These appointments met strong resistance from the ODM side of the coalition which felt that the Prime Minister was not consulted. The press statement released by Hon. James Orengo tells it all.35 Hon. Orengo maintained that the Prime Minister had not been consulted and this amounted to a breach of both the National Accord and the Constitution.36 The bone of contention went from the legality of the appointments to a debate on the meaning of the word â€Å"consultation.† Those in support of the President maintained that consultations need not result in concurrence, whereas those in support of Hon. Orengo were of the converse position.37 The National Assembly through its chair, the Speaker of the National Assembly, Hon. Kenneth Otiato Marende, restored sanity by declaring that the appointments were unconstitutional as the President had not consulted the Prime Minister as required by the Constitution and the Accord.38 This marked a bold move from the legislature in reminding the executive that the law had to be followed. 2.2 VETTING CONSTITUTIONAL OFFICE HOLDERS It has been pointed out above that the people of Kenya exercise their sovereignty through representation by the legislature. Vetting involves interviews that are meant to ascertain if the proposed candidates satisfy both the professional and integrity thresholds set by the Constitution and the enabling laws.39 Public screening of such high ranking state officers40 such as the Chief Justice has seen improved confidence in the Judiciary. The vetting process has also reduced ethnic and regional imbalance in terms of appointments to public service. It has at the same time ensured gender equality in public appointments.41 Parliament’s Constitutional Implementation Oversight Committee (CIOC) unanimously approved the nominations of Dr. Willy Mutunga and Ms.Nancy Barasa as the CJ and DCJ respectively.42 However, the committee faltered when it came to the appointment of Mr. Keriako Tobiko as the DPP. The Parliamentary Committee on Justice and Legal Affairs rejected Mumo Matemu, Prof. Jane Kerubo Onsongo and Irene Cheptoo keino as the Chairperson of the Ethics and Antic-Corruption Commission and deputies respectively and asked Parliament to do the same. The chairman of the Parliament’s Public Accounts Committee, Dr. Bonny Khalwale tabled documents claiming the Mr.Mumo Matemu had failed to collect sh.2.4 Billion in tax arrears from a company while at the Kenya Revenue Authority.43 This transparent process by the National Assembly marked a departure from the Opaque and non-accountable process of appointments in the past. 2.3 ENACTING LEGISLATIONS One of the major duties of the National Assembly is legislation. Implementing the Constitution demands the enactment of a number of legislations.44 One must give it to the National Assembly for having risen to the occasion and enacted laws at least at the right timelines. Questions have however been raised on the quality of some of those legislations.45 The point to note is the primary level is the enactment and the quality or otherwise of law is a secondary one depending on the lens of the critique. A key achievement of Parliament is the enactment of legislations required under the sixth schedule to the Constitution within the requisite timelines. These are legislations touching on matters of Election, security and devolution implemented according to their requisite timelines. However, the National Assembly extended the period prescribed for the enactment of the bills relating to Public Finance Management, Land and County Government. The extension of time was to allow time for more comprehensive public participation and to address what the respective ministries considered to be contentious issues. By 26 August, 2011 which was exactly a year after the promulgation of the Constitution of Kenya 2010, under the fifth schedule to the Constitution and the agreed schedule of bills, the National Assembly had enacted the following pieces of legislation: the Supreme Court Act, 2011,46 the Independent Electoral and Boundaries Commission Act, 2011,47 the Industrial Court Act, 2011,48 the Urban Areas and Cities Act,49 the Environment and Land Court Act, 2011,50 the National Gender and Equality Commission Act, 2011,51 the Ethics and Anti-Corruption Commission Act, 2011,52 the Elections Act, 2011,53 the Kenya Citizenship and Immigrations Act,2011,54 the Commission on Revenue Allocation Act, 2011,55 the Power of Mercy Act, 2011,56 the Vetting of Judges and Magistrate Act, 2011,57 the Judicial Service Act, 2011,58 the Independent Offices(Appointment) Act, 2011,59 the Kenya National Commission on Human Rights Act, 2011,60 the Commission on Administrative Justice Act, 2011,61 the Political Parti es Act, 201162 and the Salaries and Remuneration Commission Act, 2011.63 PART III PARLIAMENT AS A MANIFESTATION OF IMPUNITY AND IMPEDIMENT TO THE IMPLEMENTATION OF THE CONSTITUTION While Parliament has been instrumental in the production of some key reports and holding the Executive to account, it has however been averse to the processes and institutions which seem to be a threat to their selfish political interests. Having given the achievements of Parliament, hereunder are its chief failures. 3.1 MUTILATION OF THE CONSTITUTION One of the sad stories of Constitution making in Kenya has been the blatant mutilation of the Constitution by the very same authority that is supposed to protect and defend it. Some have argued that the independence Constitution was one of the most progressive Constitutions of the time64 yet Parliament in its intention to amass power and please the Executive amended it severally.65 One of such amendments is the 1982 amendment to the Constitution that made Kenya a de jure one party state.66 The net effect of this amendment was decreased democratic space which subsequently led to curtailment of other rights such as freedom of expression, freedom of  speech, and freedom of association. It is noteworthy that Parliament allowed itself to be used by the executive to propagate the authoritarian agenda. It was a great expectation that the enactment of the Constitution of Kenya on 27 August 2010 would be an incentive to Parliament to live by the spirit of the law. It has however dawned on Kenyans that enacting the Constitution was just a single step in reforming Kenya. The bigger and challenging step is a comprehensive implementation of the Constitution. If the number of sub-standard legislations that have been passed by Parliament is to be used as a test on whether Parliament has truly lived up to its duty to protect and defend the Constitution, then Kenyans have been taken for a ride. For instance, when Kenyans found it fit to include a chapter on integrity in the Constitution, they expected that the Legislative arm of Government would actualize its implementation by passing laws on integrity that would satisfy the requirements of chapter six of the Constitution. However, as Karl Marx in his Marxist theory puts it: the ruling class has continued to use the law to propagate its dominance over the lower class; Kenyan Members of Parliament (MPs) gave a practical application of the Marxist theory67 by watering down the spirit and effect of the Integrity Bill.68 The spirit of the Bill was to ensure that only persons of unquestionable character and integrity are appointed or elected to public offices.69 It is a reasonable presumption that only persons of high integrity will respect, protect and implement the Constitution yet the current Kenyan MPs intend to preserve the status quo70 by ensuring that the law serves them.71 The other legislation that was meant restore sanity by bring discipline in the democratic space in Kenya is the Elections Act. In that regard, one of the historical injustices meted against Kenyans by politicians was the culture of party hopping.72 Party hopping not only encourages indiscipline in political parties but also constrains development of political parties in Kenya. As one of the roles of political parties is to nurture democracy, allowing politicians to join political parties and leave at will is a sure ticket to the road leading to death of democracy in Kenya. S.34(8) of the Elections Act, 2011, required that a member should be in the party list on which s/he intends to contest the elections three months before that list is submitted to the Registrar of Political Parties. In other words, one was to be in the party list by 3 October 2012. However, the amendments by the MPs to s. 34(8) of the Elections Act, 2011 now require parties to submit their lists not later than 4 January 2013. In essence, the amendment means that MPs are free to change political parties until 3 January 2013 which is two months to the elections. The chief mover and champion of the amendment to the Elections Act, Hon. Isaac Ruto, submitted flimsy arguments in support of the amendments. He is one record as having said restricting persons from changing their political parties was tantamount to their rights to freedom of expression and association and if the Elections Act was not amended it would affect MPs and Councilors.73 He stated : Considering the large number of legislators and councilors that may be affected, this provision left unamended is likely to distort if not paralyse these key institutions of governance.74 Reasonable as these arguments may sound, they reflect a failure to understand the import of restricting party hopping. It goes against the principle that one cannot have their cake and eat it at the same time. 3.2 ATTEMPTING TO CHANGE THE ELECTION DATE Article 101 (1) of the Constitution of Kenya 2010 expressly provides that a general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. Kenyans unanimously voted for the Constitution of Kenya 2010 on the understanding that the first general elections under the new constitutional dispensation would be held on 7 August 2012. However, three groups emerged with different dates of the first general election under the new Constitution. The first group was of the view that the date of the election is in the year 2013 and specifically between 15th January 2013 and 15th March 2013.The second group was of the view that the  date of the first elections is on the second Tuesday of August 2012 while the third group favoured an election date between October 2012 and December 2012. Meanwhile, Parliament was in the process of enacting the Constitution of Kenya (Amendment) Bill, 2011which inter alia sought to amend articles 101(1), 136(2), 177(1)(a) and 180(1) so as to alter the date of the next general elections from the second Tuesday of August to third Monday of December. Thus, the Independent Electoral and Boundaries Commission (IEBC) filed in the Supreme Court of Kenya Re Independent Electoral and Boundaries Commission75 seeking an advisory opinion on the date of the general elections under the new Constitution. The Supreme Court considered the matter before it and in its ruling delivered on 15th November 2011 stated, in part, as follows: We will be guided by certain principles which have clearly emerged from the submissions: the High Court is, by Article 165(3) (d) of the Constitution, entrusted with the original jurisdiction to hear and determine any question entailing the interpretation of the Constitution; it is the obligation of the Supreme Court, as the ultimate interpreter of the Constitution to protect and reinforce the conferment of first-instance jurisdiction upon the High Court especially when the matter in respect of which an advisory opinion is being sought, is pending before the High Court; subject to those principles, the Supreme Court will exercise its discretion appropriately, on a case-to-case basis, in accepting requests for an Advisory Opinion. We hereby order and direct as follows: (1) We decline to declare that the Supreme Court has the jurisdiction to render an advisory opinion in the instant matter, but decline in exercise of our discretion, to give such an opinion with regard to the date of the next general election. (2) We reserve the reasons to be set out in a ruling upon notice. (3) Responding to the High Court’s request of 13th October 2011 for directions, High Court Petition Nos. 123 of 2011, 65 of 2011 and 185 of 2011 shall be placed before the Constitutional and Human Rights Division of that Court, for hearing on priority and on a day-to-day basis. (4) The aforesaid petitions shall be listed for mention and directions before the Head of the High Court‘s Constitutional and Human Rights Division on 18th November, 2011.† At the same time, three Petitions were filed at the Constitutional and Human  Rights Division of the High Court with the intention of having the High Court determine the date of the first general election under the new Constitution. The three Petitions were consolidated by the order of Honourable Justice Isaac Lenaola, the Head of the Constitutional and Human Rights Division of the High Court on 18 November 2011 into John Harun Mwau v the Honourable Attorney General and 2 others.76 The three Judge bench77 after considering the submissions of counsels for the petitioners, respondents and interested parties, held inter alia: The date of the first elections under the Constitution is determined by reference to section 9 and 10 of the Sixth Schedule as follows; (a) In the year 2012, within sixty days from the date on which the National Coalition is dissolved by written agreement between the President and Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008; or (b) Upon the expiry of the term of the 10th Parliament on the 5th Anniversary of the day it first sat which is designated by Legal Notice No. 1 of 2008 as 15th January 2008. The term therefore expires on 14th January 2013. The elections shall be held within sixty days of 15th January 2013. (c) The body entitled under the Constitution to fix the date of the first elections within sixty of the expiry of the term of the National Assembly or upon dissolution of the National Coalition by written agreement between the President and the Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008 is the Independent Electoral and Boundaries Commission. In view of the court’s finding on the election date, the court did not find it necessary to express its view on the Constitution of Kenya Amendment Bill, 2011 as it also dealt with other issues that were not germane to these proceedings before the court at that particular moment. As legislature was seized of the matter, it would take guidance from the court’s decision or act within its constitutional mandate as it may lawfully wish to do. The Justice and Constitutional Affairs Minister accordingly withdrew the Constitutional amendments that were hoped to be achieved by the Constitution of Kenya Amendment Bill, 2011 given that IEBC had settled for 4 March 2013 as the date of the first general elections under the new  Constitution. 3.3REFUSING TO PAY TAXES One of the salient features and characteristics of the duties and obligations of Parliament before the coming into effect of the Constitution was the Constitutional right of MPs not to pay taxes.78 The Constitution has now done away with that scenario by expressly providing under Article 210 that every person in Kenya must pay tax.79 The Constitution further expressly prohibits any legislation that waives the duty of every person in Kenya to pay tax.80 Some of the proponents of the non-payment of tax argue that by demanding MPs to pay tax, it would be a violation of their rights under the Constitution. They are of the opinion that the National Assembly Remuneration Act81 had to be amended to obligate them pay the taxes. The Hon. Kenneth Marende, the chief proponent of this argument argued that the law was to be followed if MPs were to pay tax. The opponents of the Mps-crusade of non-payment of tax argued that the Constitution is as clear as a crystal with respect to MPs obligation to pay tax.82 The Government appeared divided on this as the then Justice and Constitutional Affairs Minister, the Hon. Mutula Kilonzo agreed with those who heckled the view that Mps had no obligation to pay taxes until after the first General election is held under the Constitution. Other lawyers such as the Supreme Court Lady Justcie Njoki Ndungu were of the view that Mps were not exempt from paying taxes. The blame must squarely lie on Parliament because they refused to provide leadership on this crucial issue. It is even disturbing because the Speaker joined the bandwagon of those opposed to MPs payment of tax. The refusal to provide leadership and by extension the failure to amend the relevant legislations to give effect to the provisions of the Constitution on payment of taxes amounts to impunity exercised against the Constitution and the people of Kenya. A sober reading and interpretation of the Constitution obligates every  person, MPs included, to pay taxes. The Constitution is the supreme law of the land and all other laws must be consistent with it.83 Similarly, the transitional clauses under Clause 7 of the Sixth schedule which reads; â€Å"All laws in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.† The effective date refers to the date on which the Constitution was promulgated, that is the 27th August, 2010. The National Assembly Benefits and Remuneration Act is subject to the Constitution hence the MPs have a duty to pay taxes. 3.4 ILLEGAL INCREMENT OF MPs SALARIES AND BENEFITS Parliament has for some time now been the only institution that can decide to hike their pay to preposterous amounts without consulting anybody. With the coming into effect of the Constitution, the power to decide the salaries and other benefits of all state officers has been given to the Salaries and Remuneration Commission.84 Members of Parliament are classified as sate officers under the Constitution hence their salaries must be decided upon by the Salaries and Remuneration Commission. The Mps decided early this year to award themselves with hefty send-off packages amounting to Kenya shillings Nine Million per MP with the pretext that they had the right to such monies as a way of thanking themselves for the good work they have done in the past five years.85 It was with the timely intervention of the President that the taxpayers were spared the burden of paying such lofty amounts of benefits to the Mps. 3.5 SUSPICIOUS REJECTION OF PARLIAMENTARY REPORTS The Kenyan Mps have perfected the art of either amending reports or rejection such reports provided those adversely mentioned in the reports either directly or through proxy give out handouts to the MPs. When Parliament debated on the Parliamentary Report on the Sale of Kenyan Embassy in Tokyo Japan, there were glaring accusations that some MPs had been bribed to kill the report.86 The MPs are said to have taken bribes to amend the Report of the depreciation of the Kenya shilling in which report the Governor of the Central Bank had been adversely mentioned.87 The demeanor of some of the MPs told it all as most of those who are normally perceived as talking on behalf the common mwananchi joined the bandwagon of those who supported the amendments to the Report. If the Mps can stoop low as to take bribes of Kenya shillings 5,000, it must be the worst betrayal of the Constitution. 3.6 DISREGARD OF THE MANDATE OF THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION (CIC) AND THE CONSTITUTIONAL IMPLEMENTATION PROCESS The Commission for the Implementation of the Constitution (CIC)88 is a Constitutional mechanism established to monitor, facilitate, co-ordinate and oversee the implementation of The Constitution of Kenya 2010. As provided for in the Commission for the Implementation of the Constitution (CIC) Act, 2010,89 the mandate and functions of CIC is to: monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the Constitution; co-ordinate with the Attorney-General and the Kenya Law Reform Commission (KLRC) in preparing for tabling in Parliament, the legislation required to implement the Constitution; report every three months to the Constitutional Implementation Oversight Committee on progress in the implementation of the Constitution and any impediments to its implementation; and; work with each Constitutional Commission and Independent Offices to ensure that the letter and spirit of the Constitution is respected and; exercise such oth er functions as are provided for by the Constitution or any other written law. Regrettably, a number of bills were approved by the Cabinet and subsequently passed by Parliament without being reviewed by CIC. Also, some of these bills were not subjected to public participation as required by the Constitution. A number of Private Members Bills were also published and subsequently debated in Parliament without review by CIC yet they had a direct bearing on the implementation of the Constitution. 3.7 INCLUSION OF UNCONSTITUTIONAL PROVISIONS IN PIECES OF LEGISLATION AND DISREGARD OF THE  DUE PROCESS There were instances in which Parliament introduced unconstitutional provisions in the bills. A case in point is the introduction of unconstitutional provisions in the County Government Bill 2012, which, subject to the operational command structure set out in the National Police Service Act90 or any other National Security legislation, purported to give the Governor the power to chair the County equivalent of the National Security Council as provided in Article 239 (5) of the Constitution.91 This provision contravened Chapter Fourteen of the Constitution, which places the National Security Council under the National Government. Further, National Security is not among the functions of County Governments as set out in Part Two of the Fourth Schedule to the Constitution, hence there is no County equivalent. PART IV 4.1 CONCLUSION From the introduction, parts II and III of this contribution, it can be deduced that the implementation of the Constitution is not just about the enactment of laws. The principle behind legislative oversight of Executive activity is to ensure that public policy is administered in accordance with the legislative intent, and by inference, the citizens’ aspirations. In this context, the legislative function does not cease with the passage of a Bill.92 It is, therefore, only by monitoring the implementation process that parliamentarians uncover any defects and act to correct misinterpretation or maladministration.93 Implementation involves the promotion of Constitutionalism94 and securing the observance by all state organs of democratic values and principles. The task of implementing the Constitution requires the collaboration and co-operation of state and non-state actors.95 Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of the CIC observed that the greatest danger to the Constitution is posed by Constitutional organs and state officers who ironically carry the greatest responsibility of implementing it.96 He further observes that it is a Constitutional organ and its individual state officers that seek to pass  legislations that clearly violate the Constitution that they swore to protect and some of the laws that they have passed are enemic to the Constitution. However, Kenyans should be cognizant the fact that article 1 of the Constitution of Kenya vests all sovereign power on the people of Kenya and the sovereign power is to be exercised only in accordance with the Constitution. Kenyans may exercise their sovereign power either directly or through their democratically elected representatives.97 No state organ especially the National Assembly should forget that sovereign power belongs to the people of Kenya and the Constitution is the supreme law of the land. Be that as it may, the implementation of the Constitution brought about increased transparency and accountability on the part of the Legislature as well as the Executive. Increased participation by Kenyans in the development of laws and policies marked a key milestone in the implementation process.98 Public participation in the formulation of public policies is a major gain and represents a paradigm shift from the previous dispensation where most public policies were formulated in a boardroom setup devoid of the people’s input.99 In conclusion, as observed by Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of CIC, even if we had the most perfect laws in the world, in the absence of a culture of constitutionalism, such laws would be rendered useless and become tools of oppression. All laws, regulations and guidelines on ethics and integrity are of little value if individual Kenyans as well as their leaders fail to ascribe in practical terms to ethical values and principles proclaimed in those instruments. He also observed that in the end, it is a sum total of our individual behavior and character that will reflect the nation’s ethics and integrity. 4.2 RECOMMENDATIONS Though Parliament remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution, there are some steps that can be taken so as to ensure that the Constitution is faithfully and effectively implemented. These steps include: 4.2.1 CIVIC EDUCATION It is worth noting that a greater percentage of the Kenyan population is ignorant of the legislative process as well as the Constitutional implementation process. The same explains why some members of Parliament have on several occasions passed pieces of legislations which they later on admitted that they were not aware of what they were voting for. Civic education among the Kenyan citizenry as well as members of the Parliament will go a long way in creating and increasing public awareness on the opportunities, procedures and the rights relating to participation in legislative policy and other Constitution implementation processes. 4.2.2 INCREASING PUBLIC PARTICIPATION IN THE LEGISLATIVE PROCESSES Public access and participation is envisaged in the Constitution of Kenya, 2010. Article 118 (1)(b) provides that Parliament shall facilitate public participation and involvement in the legislative and other business of Parliament and its committees. However, the clandestine manner in which Parliament has been conducting its affairs especially when it comes to increasing its salary and awarding itself hefty send-off packages is what has caused Kenyans to resort to the streets and camp outside the Parliament with a view of having Parliament change its view. Increased public participation in the affairs of Parliament will ensure transparency and accountability. It will also help in fostering confidence and acceptability of the legislations passed by Parliament. 4.2.3 ELECTING GOOD LEADERS The choice of electing leaders lies in the hands of Kenyans. The leaders that Kenyans should chose in the forthcoming elections so as to represent them should be leaders with proven track records. They should be devoid of corruption and unquestionable integrity. This is because it is only leaders of impeccable characters that will ensure the Constitution is implemented to its letter and spirit. 4.2.4 INCREASED VIGILANCE AMONG THE KENYAN CITIZENRY Kenyan citizens should rise to the occasion and promote a culture of Constitutionalism. They should be relentless in their quest of defending the Constitution. This includes the necessary vigilance which will ensure the faithful and effective implementation of the Constitution to the letter and the spirit. Whenever the citizens feel that certain actions of members of Parliament or pieces of legislations contravene the provisions of the Constitution, they should not hesitate to move to the Court to have such actions or legislations declared null and void. With the reformed and revamped Judiciary, the citizens are assured of a fair and just determination by the courts. 4.2.5 ENSURING ALL DRAFT BILLS ARE REVIEWED BY THE CIC At the launch of the 2011/2012 Annual Report of CIC, the Commission recommended that all draft bills are reviewed by the Commission. This is aimed at ensuring that the Acts of Parliament that are enacted conform to the provisions of the Constitution. It is at the same time aimed at ensuring unconstitutional provisions are not included in pieces of legislation as was the case in the introduction of unconstitutional provisions in the County Government Bill 2012. 4.3 REFERENCES 4.3.1 LEGISLATIONS 1. The Constitution of Kenya 2010. 2. The Repealed Kenyan Constitution. 3. The Constitution of Kenya (Amendment) Act No.7 of 1982. 4. The Constitution of Kenya Review Act No.5 of 2000. 5. The Commission for the Implementation of the Constitution Act No. 9 of 2010. 6. The National Accord and Reconciliation Act, 2008 7. The National Assembly Remuneration Act, CAP 5, Laws of Kenya. 8. The Constitution of Kenya Amendment Act, 2008. 9. The Political Parties Act No.11 of 2011. 10. The Elections Act No.24 of 2011. 11. The National Assembly Remuneration and Benefits Act, CAP 5, Laws of Kenya. 12. The Constitution of Kenya (Amendment) Bill, 2011. 4.3.2 CASES 1. Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another [2011] eKLR. 2. John Harun Mwau v the Honourable Attorney General and 2 others (2012) eKLR. 3. Re Independent Electoral and Boundaries Commission, Supreme Court Constitutional Application No. 2 of 2011. 4. Rev. Dr. Timothy Njoya 6 Others v Attorney General 4 Others (2004)1 KLR 261. 4.3.3 BOOKS 1. Baron de Montesquieu, (1748). The Spirit of the Laws. 2. Gibson Kamau Kuria, Building Constitutionalism: Defining the Jurists Province and tasks: How to Mobilize a Constituency of Citizens, pp 47 3. Paralegal support Network, The Paralegal’s Handbook. 4. The Kenya Human Rights Commission in Lest we Forget : Faces of impunity in Kenya (2011) 5. Lloyd of Hamsted Freeman, MDA Lloyds Introduction to Jurisprudence (8th ed, 1957) 1129-1199. 6. PLO-Lumumba, ‘Some Thoughts on Constitutional Principles in the Review Process’ in T.O. Ojienda (ed), Constitution Making and Democracy in Kenya, (2003). 7. Prof. Hamilton Okoth-Ogendo, H.W.O. (1996) â€Å"Constitutions without Constitutionalism: Reflections on an African Paradox†, in Zoethout, C.M. et al (eds), Constitutionalism in Africa. A quest for autochthonous principles, Gouda: Quint Deventer , pp 3-25. 4.3.4 JOURNALS 1. Korwa G. Adar and Isaac M Munyae, ‘Human Rights Abuse In Kenya Under Daniel Arap Moi, 1978-2001,’ African Studies Quarterly. The online Journal for African Studies. 2. Mutakha Kangu ‘Social Contractarian Conceptualization of the Theory and Institution of Law and Governance,’ (2007) 2Moi University Law Journal. 4.3.5 INTERNET SOURCES 1. Alphonce Shiundu and Peter Leftie Why Kenyan MPs will not pay tax on allowances yet September 24 2010 at 22:00 Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Why-Kenyan-MPs-will-not-pay-tax-on-allowances-yet-/-/1064/1017710/-/item/1/-/14gkivv/-/index.html. . 2. Alphonce Shiundu , Shakir Shabbir: MPs were bribed to save CBK boss, Saturday Nation. Saturday, March 10 2012 at 22:30. Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Shabbir-MPs-were-bribed-to-save-CBK-boss-/-/1064/1363750/-/item/1/-/x639yvz/-/index.html . 3. John Ngirachu, Vetting: Tobiko scrapes through Thursday, June 9 2011 at 15:02 Online Nation Edition. Available at http://www.nation.co.ke/News/Panel-clears-MutungaBarasa-and-Tobiko/-/1056/1177764/-/ioc088/-/index.html. 4. Justice Isaac Lenaola Public Participation in Judicial Processes .Available ata

The Resistance to Change Essay -- Case Study

Think back to the first day of any class one was allowed to choose the seating of their choice. The second day, everyone decides to sit in the same seating as the previous day. The third day comes along and as one walks into the class room, one notices that someone is sitting in their seat. The sensation of being thrown off balance takes over along with being uncomfortable for the remainder of the day. The following questions then arise: â€Å"why does this phenomenon occur?† Yukl states â€Å"Resistance to change is a common phenomenon for individuals and organizations (Yuki, 285).† Let’s now turn our attention at the case study that was presented by Almah J. Joseph â€Å"Dilemma at the Public Service Department.† Being placed into a high political office or in any leadership position can be difficult to transition into when it is a new organization they are entering. The new leader placed in office already contains a new perspective as to how the organiz ation should be run. On the other hand, the employees that are already in the organization have the cultural perspective that was placed upon them through their previous leader. Like the seating phenomenon that was previously described, there will be resistance to change, and as a leader in an organization, they must find a way to make this change occur. Appointed for the first time as commissioner of the Public Service Department, Alex is faced with the dilemma of attempting to fixed, what seems to be a corrupt Department. In Grover Starling’s book, â€Å"Managing the Public Sector,† he describes a few â€Å"pitfalls of public-sector planning in which Alex seems to be practicing (Starling, 227). These pitfalls include under planning, trying to do too much, and ignoring unintended consequences. First ... ...al perspective to reassure that people internally and externally are being taken care if fairly. Patience in this case would have been helpful and allowed him more than a day to prepare for how he could have tackled the issue. Instead of tackling all three cases, he could have gone with a more realistic approach of handling the situation. One case at a time would have been more ideal than tackling them all at one. All in all, Alex made some mistakes but his actions were for the right reasons. Works Cited Joseph, A., M. â€Å"The Dilemma at the Public Service Department† in Public Performance & Management Review, Vol. 24, No. 3, March 2001, pp. 285-287 Starling, G. (2010). Managing the public sector. (9th ed.). Boston, MA: Wadsworth Pub Co. Yukl, Gary. 2006. Leadership in Organizations, 6th edition. Upper Saddle River, NJ: Pearson Prentice Hall, Chapter 10.

Locke and Hobbes: Cause of Religious Toleration

Locke and Hobbes Cause of Religious Toleration Kevin Kang Professor Bartlett Section Leader: Alexander Duff Historically, Locke’s treatment of toleration was one riddled with religious change, religious turmoil, and political changes that were shaped largely by religious tensions. This was a time when religion, specifically the Christian Church, became fractioned and led to widespread war and death in the sixteenth and seventeenth centuries. Locke’s Letter on Toleration promoted separation of church and state, arguing that each institution has legitimacy and power in certain areas.The state exists to protect people’s interests, and can use force to protect these interests. However, the state will not be able to coerce its people to believe in a certain religion. In Leviathan, Hobbes provides ideas that support Locke’s toleration of religion. Hobbes belief in the state of nature, state of war, and covenants helps to paint a clearer picture of a world withou t religious intoleration. Locke’s plea for tolerations is one of religious toleration in general but more specifically toleration among Christians.Locke speaks out against Christians whom â€Å"deprive (men) of their estates, maim them with corporal punishments, starve and torment them in noisome prisons, and in the end even take away their lives†¦Ã¢â‚¬ (Letter p. 24). This type of intolerance is itself intolerable because it violates many mandates that should characterize a true Christian. The mandates of charity and meekness are violated, and those who have committed these aggressive and violent actions against others are in themselves hypocritical. These people are usually careless about their own virtues, imposing on others something they don’t practice.According to Locke, instead of looking into others moral salvation, they should practice looking into their own moral salvations as well as the salvations of family and friends. These same people are spending time and effort on trivial things like doctrinal matters and ceremonial preferences. Locke urges that one should not worry so much about matters that, on the surface are nice and intricate, but â€Å"exceed(s) the capacity of ordinary understandings†¦Ã¢â‚¬ (Letter p. 24). Instead of wasting time on these futile activities, one should actively try to better oneself.Separation of church and state is an important premise that buttresses his argument throughout the letter. It is a separation of civil versus religious authority and who has power of what domain. Locke argues that civil government has certain responsibilities for its citizens, which include preserving and advancing the civil interests, well-being and life of its citizens. Locke defines the one who wields civil authority as a magistrate and it is the magistrate who is enjoined to tolerate any religious doctrine, provided that these doctrines do not violate rights or disrupt the peace.Locke is intolerable of violatio ns of rights of citizens and crime, or anything that disrupts the peace. Individuals do not have the power and position to respond and punish the criminals. That task is left to the magistrate. The magistrate has the ability to enforce laws through force but his coercive power must be kept out of religious matters, in so long as the religious matters do not hinder citizens’ rights and their peace. Locke believes that in religious matters, true belief in a religion requires more then the coercive power to make one believe.He argues if people are forced to believe in a religion against their will, it will not be as strong and effective unless the person consciously makes his own effort to believe. The ability for the magistrate to impose its power on its people is something Hobbes believes is a requirement and duty of a civil government. Men have an inclination towards peace, which is why men build commonwealths. Men want to get out of this state of war in favor of peace. There fore, men come together in a commonwealth to make a covenant with every other man to establish peace and order.This sovereign now has the authority to enforce civil laws. This is a necessity because men by themselves cannot externally judge conflicts and will be naturally inclined to certain biases. By agreeing to this covenant, the people bestow upon a man or group of men power over sovereign. This covenant also holds responsibility for the people because they are the ones who gave power to the magistrate. To actually ensure peace, Hobbes says that a sovereign of this power is necessary.The question of the individual’s coercive power is another argument in favor of religious toleration. â€Å"No private Person has any Right, in any manner, to prejudice another Person in his Civil Enjoyments, because he is of another Church or Religion† (Letter p. 31). Tolerance brings about respect for the autonomy of the other. Since religious beliefs are freely chosen, there is no r oom for coercion to be a useful end because coercion and freedom cannot coexist in religious matters. Skepticism is another way religious believers can tolerate others holding different religions.Every religious person must tolerate one another because it would be foolish to believe that one person can have all the truths to the world. Similarly, Hobbes supports this argument through the state of nature. Having the freedom to choose ones religion is from the fact that individually, we are all equal. Hobbes believes that people are equal in strength of body and manifest of mind. There are differences, obviously, but Hobbes argues that these differences do not amount to much. We are fundamentally equal because we all have the ability to kill one another, whether it is through force or deceit.This constant threat of war between man and man is an important reason why men try to constantly seek peace. This state of nature provides us the liberty to our own self-governing because in the s tate of nature, there is no authority over man. Since man has no authority over him in the state of nature, naturally it would mean that man has no authority over another man. However, Hobbes continues that this natural condition of mankind is decidedly undesirable and should be avoided. From the natural state of man the desire for a stable government arises.Men are naturally equal but Hobbes believes self-preservation can only be had by constantly trying to acquire new property, or power. Power is the man’s means to some future good and the acquisition of more power is a constant cycle. Concerning the question of religious power, religious authorities also do not have the power for any coercive actions. Since religious authorities do not have the power to change someone who is not willing, they must respect and tolerate other religious churches or societies, even if there is disagreement with certain doctrines.Locke’s reasoning for the toleration of other churches ste ms from the belief of orthodoxy of the church. Every church believes that it is the Orthodox Church but Locke argues that people can never know which is the true Orthodox Church. However, he goes on to say that the true Church is the one that practices the idea of toleration. Despite Locke’s adamant stance on toleration, Locke does discuss certain beliefs that should not be tolerated. Locke specifically targets atheism because he believes that men should enter into some religious society because God should be publically worshipped.To Locke, atheists are the weak bones to a society because covenants and promises have no power over atheists. This causes problems within society because covenants and promises are the bonds of human society. Similarly, Locke also considers Catholics intolerable because of the political threat they represent. Catholic’s pledge allegiance to a foreign king. Locke views this as a problem because it brings into question who the Catholic pledges his loyalty to, the foreign king or his homeland king. Locke says that a person should be under the rightful king and not a foreign king.This means that any foreign jurisdiction in one’s country and any influence from the Vatican State is not acceptable. Locke also mentions odd religious practices, such as human sacrifice, as intolerable. The magistrate should make a conscious effort to not tolerate such practices because it could hurt society as a whole. Just because something is a religious matter should not dictate the legality of the practice. Hobbes would probably agree that atheists would not be tolerable under the condition that covenants and promises are not kept because they hold no power over atheists.Hobbes First Law of Nature is that human beings always seek a state of peace because it is the most advantageous to their survival. The Second Law of Nature is the creation of covenants. In Hobbes’s mind, the ideal covenant would be a leviathan government that would make and regulate laws very effectively. The Third Law of Nature is derived from the second, which states that it is necessary for men to perform their covenants. From these three laws, as stated earlier, men create a commonwealth to ensure peace. If covenants hold no power over atheists, the commonwealth and essentially peace is destroyed.Hobbes is adamant that to fortify this social contract, the members of the contract need steps to prevent others from breaching it. The Third Law of Nature creates a society where peace is established, but if a citizen is not held under contract, the political disruptions are more likely to occur. Locke’s primary rationale for toleration in the individual is the self-governing of the other. In Christina writing, loving ones neighbors is a key element in a Christian’s salvation. Locke emphasizes that one should only care for one’s own salvation rather than worrying about his neighbors or others religious teachings.By prac ticing toleration, one must ignore the content and be satisfied with the fact that the other has reached his conclusion autonomously. Before worrying about someone else, Locke urges that one must focus on ones own salvation because there are many instances where hypocrisy can rise by imposing ones beliefs. However, there are instances where non-intervention can be unjust because some matters are so offensive, it would be unjust to let it slide. Matters where injury or death can occur are justifiable for others to intervene.Even though this Lockean autonomy works most of the time, there are times where it would not. Locke’s reasoning for writing this letter, on the surface, seems to be from a religious perspective. However, a careful reading of the letter suggests that Locke is not interested in religious doctrines or practices. Locke finds that the religious differences are too insignificant for discussion. Although it is a letter concerning toleration of religion, this toler ation is meant to benefit from a political standpoint. Reading the document with this point of view shows that Locke was writing it exclusively political in nature.Even though there was widespread religious violence and opposing opinions during the time Locke wrote the letter, it was a way for Locke to talk about the politics of society. This document was on religious toleration only because Locke viewed religion as having potential for civil disruption. This letter is a way for Locke to say what he believed was the means for maintaining peace and stability. To maintain peace and stability in a society requires sovereignty. The sovereign has the power and authority to govern its principality.Because it has the power to govern, it also gives the sovereign the right to use coercion. This does not give the right to religious institutions to use coercion because it has historically not worked in favor of the religion. The separation of church and state is therefore a way that Locke fore sees peace in sovereign. Peace in sovereign is an important aspect to Hobbes’s Leviathan perspective because he views peace as the main reason we create societies. Religious toleration is therefore a tool that both Locke and Hobbes would advocate because it creates peace and unity in a sovereign.

Pirates of Silicon Valley Essay

1.) What does this story tells us? What happens in the story? How does it relates us? The Pirates of Silicon Valley is a film about Steve Jobs, the co-founder of Apple Computers and Bill Gates, the co-founder of Microsoft. This film historically traces the development of these two computer companies from the time these two gentlemen are college (the early to mid 1970’s) to approximately 3 months before Steve Jobs was fired by John Sculley, then CEO of Apple Computer in 1985. This story shows not only the development of these two computer companies, but also the rivalry between Steve Jobs and Bill Gates. It highlights the computer giants of that time, who were Hewlett Packard, Xerox and IBM. However, the idea of the personal computer was just gaining speed and this is where both Steve Jobs and Bill Gates found their niche. What many people don’t know about these revolutionaries is that they worked together until Steve Jobs realized that Bill Gates developed Windows from software Apple had designed for their computers. Why is it called â€Å"Pirates of Silicon Valley?† The irony of this situation is that Apple stole the â€Å"windows concept† from Xerox; hence the title, â€Å"The pirates  of Silicon Valley†. Silicon Valley is an area of northern California where the computer development of the 1980’s and 1990’s surged. The button line of the story it relates the sad facts that Steve Jobs had disaffected so many of his former best friends that none of them wanted to toast him for his 30th birthday, in fact, three months later Steve Jobs was fired from the company he helped found. He was later re-hired in 1997 and became the architect of the second Apple Microsoft co-endeavor bringing the companies and the movie full circle. Even though Steve Jobs was fired from the company, it was then not a waste because he was happily living with his family. This film is a wonderful illustration of modern day entrepreneurs and gives us an inside look at the management style of both Steve Jobs and Bill Gates.I would recommend this film to anyone, student or not. It is an enlightening depiction of the evolution of a true phenomenon, the age of personal computers. Even more so, this film shows the men behind the machines, a story that shouldn’t be missed. 2.) This tech-world biopic traces the fortunes of personal-computer companies Apple and Microsoft from their obscure dorm-room and backyard origins to their very public battle for corporate supremacy. Writer/director Martyn Burke follows the parallel lives of Microsoft founder Bill Gates (Anthony Michael Hall) and Apple co-founders Steve Jobs (Noah Wyle) and Steve Wozniak (Joey Slotnick) — the former a crafty Harvard dropout, the latter a pair of hippies with jobs at Hewlett-Packard and a yen to sell miniature versions of corporate mainframes to small businesses and at-home enthusiasts. Much like the personal-computer industry itself, the action starts with Apple then gradually shifts to Microsoft. The former plot thread recounts how Jobs and Wozniak â€Å"borrowed† key concepts from a Xerox computer lab, eked out their success as countercultural businessmen, and finally fell out with one another over the pressure of success. The latter thread focuses on the way Gates learned from, then surpassed, the brains behind Apple and turned his company into the global powerhouse that it is today. Based on Paul Freiberger andMichael Swaine’s Fire in the Valley: The Making of the Personal Computer, the film actually focuses only on that book’s final chapters. Produced for cable channel TNT, Pirates of Silicon Valley debuted June 18, 1999. ~ Brian J. Dillard, Rovi 3.) The film opens with the creation of the 1984 commercial for Apple Computer, which introduced the first Macintosh. Steve Jobs (Noah Wyle) is speaking with director Ridley Scott (J. G. Hertzler), trying to convey his idea that â€Å"We’re creating a completely new consciousness.† Scott, however, is more concerned at the moment with the technical aspects of the commercial. The film then flashes forward to 1997 as Jobs, who has returned to Apple, is announcinga new deal with Microsoft at the 1997 Macworld Expo. His partner, Steve Wozniak (Joey Slotnick), is introduced as one of the two central narrators of the story. Wozniak notes to the audience the resemblance between â€Å"Big Brother† and the image of Bill Gates(Anthony Hall) on the screen behind Jobs during this announcement. Asking how they â€Å"got from there to here,† the film turns to flashbacks of his youth with Jobs, prior to the forming of Apple. The first flashback of the film takes place on the U.C. Berkeley campus during the period of the early 1970s student movements. Jobs and Wozniak are shown caught on the campus during a riot between students and police. They flee and after finding safety, Jobs states to Wozniak, â€Å"Those guys think they’re revolutionaries. They’re not revolutionaries, we are.† Wozniak then comments that â€Å"Steve was never like you or me. He always saw things differently. Even when I was in Berkeley, I would see something and just see kilobytesor circuit boards while he’d see karma or the meaning of the universe.† Using a similar structure, the film next turns to a young Bill Gates at Harvard University, in the early 1970s, with classmate Steve Ballmer (John DiMaggio), and Gates’ high school friend Paul Allen (Josh Hopkins). As with Wozniak in the earlier segment, Ballmer narrates Gates’ story, particularly the moment when Gates discovers the existence of Ed Roberts’ (Gailard Sartain) MITS Altair (causing him to drop out of Harvard). Gates’ and Allen’s early work with MITS is juxtaposed against the involvement of Jobs and Wozniak with theHomebrew Computer Club, eventually leading to the development of the Apple I in 1976 with the help of angel investor Mike Markkula(Jeffrey Nordling). The story follows the protagonists as they develop their technology and their businesses. At a San Francisco computer fair where the Apple II computer is introduced, Gates (the then-unknown Microsoft CEO), attempts to introduce himself to Jobs, who snubs him. This is followed by the development of the IBM-PC with the help of Gates and Microsoft in 1981. It also follows Jobs’ relationship with his high school girlfriend (Gema Zamprogna) and the difficulties he had acknowledging the birth and existence of their daughter, Lisa. Around the time his daughter was born, Jobs unveiled his next computer, which he named, The Lisa. The Lisa was then followed in 1984 by the Macintosh, a computer inspired by the Xerox Alto. The main body of the film finally concludes with a birthday toast in 1985 to Steve Jobs shortly before he was fired by CEO John Sculley (Allan Royal) from Apple Computer. It also includes a brief epilogue, noting what happened afterward in the lives of Steve Jobs and Steve Wozniak. The movie ends with Steve Jobs returning to Apple after its acquisition of NeXT Computer, and Bill Gates appearing live via satellite at a MacWorld Expo in 1997, during Jobs’ first Stevenote keynote address, to announce an alliance between Apple and Microsoft. 4.) Summary: This movie showed the progression of the computer since the 1970’s. It also shows the competition between IBM. Bill Gates, and Steve Jobs. The movie gives a real life perspective of the struggles they faced in their personal lives and the struggles they went through within their companies. Jobs started constructing computers with his partner, Wozniak, in a small garage, while Gates began building computer software in a motel warehouse. Jobs became more successful than Gates in the beginning when he created the Apple Company and was making new computers almost every year. Although Steve Jobs had great marketing skills, he treated his employees horrible. They worked extremely long hours and when he got mad, he would take it out on them. Gates was a lot more laid back with his employees. Throughout the movie Gates and Jobs tried their hardest to make their companies better than the others. Apple was more focused on creating the computers themselves and Microsoft was eager to design the actual software and hard drives that were being put into the computers. At one point in the movie Bill Gates saw what Jobs’ was doing and wanted to make his prototype his own. He convinced Steve Jobs to let him work for Apple only later to find out that Gates stole the computer information and redesigned it to create his own computer and sell it to other marketers. After stealing Job’s ideas, Bill Gates became one of the richest men in the world. At one point in the career of Apple, Steve Jobs was fired only to return a few years later with an attitude adjustment. In the end, both companies became very successful but neither were able to gain each others full trust and merge into one large company. Thoughts: I liked this movie a lot because it was very informative but also very interesting. It was inspirational to see two different companies that started out as nothing becomes something so big. Both Steve Jobs and Bill Gates were incredibly intelligent people who had their own strengths and weaknesses. Though they were great marketers, I don’t think I would be able to work for either of them. Steve Jobs treated his employees so cruelly while Bill Gates was so brilliant he might be hard to keep up with. Steve Jobs took more risks and developed things more quickly while Bill Gates took his time and in the long run came out ahead. I think they should make a sequel to this movie and show how much farther computers have come today.

Futalognkosaurus - Facts and Figures

Futalognkosaurus - Facts and Figures Name: Futalognkosaurus (indigenous/Greek for giant chief lizard); pronounced FOO-tah-LONK-oh-SORE-us Habitat: Woodlands of South America Historical Period: Late Cretaceous (80 million years ago) Size and Weight: About 100 feet long and 50-75 tons Diet: Plants Distinguishing Characteristics: Quadrupedal posture; thick trunk; extremely long neck and tail About Futalognkosaurus Youd think it would be hard for a 100-foot-long dinosaur to keep a low profile, but the fact is that paleontologists are still digging up new genera. One of the latest examples is the oddly named Futalognkosaurus, 70 percent of whose skeleton has been reassembled from three fossilized specimens discovered in Patagonia (a region of South America). Technically, Futalognkosaurus is classified as a titanosaur (a type of lightly armored sauropod with a widespread distribution during the late Cretaceous period), and with 70 percent of its skeleton accounted for, some experts have hailed it as the most complete giant dinosaur known so far. (Other titanosaurs, such as Argentinosaurus, may have been even bigger, but are represented by less complete fossil remains.) Paleontologists have made significant process identifying the exact place of Futalognkosaurus on the titanosaur family tree. In 2008, researchers from South America proposed a new clade called Lognkosauria, which includes both Futalognkosaurus, the closely related Mendozasaurus, and the possibly even more gigantic Puertasaurus. Tantalizingly, the same fossil site where these titanosaurs were discovered has also yielded the scattered bones of Megaraptor, a meat-eating dinosaur (not a true raptor) that may have preyed on the juveniles of Futalognkosaurus, or scavenged the bones of adults after they perished.

Mirror Lab Essays

Mirror Lab Essays Mirror Lab Paper Mirror Lab Paper Mirror Lab BY viiU523 One air inhalation hazard I observed during the Mirror Lab tour was for rhodite 906. In a large open room and workspace, the mirror lab utilized rhodite frequently to polish large new mirrors. This is concerning because this is a hazardous dust particle with its particle size at about 1. 5 micrometers. The movement of these particles are heighted by water mist placed above the mirror to keep the rhodite from solidifying. The employees also sprayed down the mirror frequently which further caused these particles to move around. When we were walking beneath and to the side of the mirror, orange rhodite compound could be seen on the sides of the mirror as well as the ground. The employers Job was to make sure the mirror was properly and consistently being polished. This definitely can poise a threat and safety risks to the workers. As a risk assessor, it is essential to decrease exposure and limit the spread of rhodite 906. Hazardous chemicals such as rhodite can cause harm when they enter the body in sufficient amounts via inhalation, ingestion, or skin absorption. The ature of the chemical hazard and the routes by which it enters determine the controls needed. Unfortunately, I did not observe such controls in the workplace. There were no material safety data sheets visible or chemical hazard warnings. The employer simply wore a lab coat while visitors were only asked to wear closed toed shoes. There were no guidelines, PEL, or TLVs given by OSHA. However, the material safety date(which should be posted) explains that it can cause irritation of the skin, eyes, and mucous membranes. Moreover, compounds that it has such as cerium ave low toxicity. People can come into contact most easily by inhalation. In order to quantify the amount of air exposure, I would employ biological monitoring for the employers who monitor the polishing. The levels of chemicals in the body can sometimes be measured in the blood, urine, or exhaled air. The results would provide an estimate of the actual dose absorbed into the body. The MSDS lists ingredients in the rhodite we could monitor such as lanthanum fluoride, cerium fluoride, praseodymium fluoride, and kaolin. As a risk assessor student I would uggest controls such as safety glasses with side-shields used by employers and visitors alike. Engineering controls would include a local exhaust ventilation to control dust exposure without compromising the polishing ability. For skin protection, I would enforce those who have had contact to was their hands afterwards. Systems should also ensure that work wear does not become contaminated with dust, which would be carried away from the work area into mess rooms or other areas. Although the engineering controls may be less feasible, the other controls are a matter of dministrative enforcement and selling the importance of these safety measures to all employees of the mirror lab. One of the physical hazards I observed during the mirror lab tour was with noise levels. Those noise concerns ranged from the air cart, generator, and machine shop. The machine shop in particular concerned me with all the overlapping sounds. Many of the tools utilized such as the machines used to cut the mirrors created active levels of sounds. They had decibals exceeding 100dbl. The workplace was in a some air ventilation and air flow. Ear and eye protection were also provided. This does not bold well when compared to OSHAs permissible exposure limit which is 90 dBA for an 8 hour TWA. Because noise levels can cause hearing loss, OSHA requires employers to have a hearing conservation program in place if workers are exposed to a time-weighted average noise level of 85 dBA or higher over an 8 hour work shift. According to the presentation in class, some machines alone exceed 100 dBA. Using a sound level meter attached to employees, I would monitor the noise levels generated y various pieces of lab equipment to identify equipment that has excessive noise levels to verify these measurements. When equipment exceeds these limits(which according to our presentation, it did), it is important to manipulate engineering controls, posting of warning signs, and hearing protection options. I personally observed several warning signs and MSDS provided by the employer. Moreover, I saw several hearing protection devices available to employees. To improve on the conditions, I would move noise-producing equipment such as freezers into another oom. Moreover, the mirror lab could place compressors for controlled-temperature rooms in a remote location. Finally, I would provide acoustical treatment on ceilings and walls. Because there are equipment that exceed the 85 dBA set by OSHA, it is extremely important for employers to moniter the amount of time a person can be exposed in the machine shop. Although the standard is an 8 hour shift, if employees are always around the sound-exceeding machines, the amount of time a person can be exposed is cut by more than half.

A Users Guide to Time Phrases in Mandarin Chinese

A User's Guide to Time Phrases in Mandarin Chinese Mandarin Chinese has time-related phrases that clarify when the action in a sentence is happening. These expressions are similar to English terms like, yesterday or the day before yesterday. Here is a list of common time expressions, which we will explore in more detail below: Days today - ä »Å Ã¥ ¤ © - jÄ «n tiÄ nyesterday - æ˜ ¨Ã¥ ¤ © - zuà ³ tiÄ nthe day before yesterday - å‰ Ã¥ ¤ © - qin tiÄ ntomorrow - 明å ¤ © - mà ­ng tiÄ nthe day after tomorrow - Ã¥ ¾Å'Ã¥ ¤ © (trad) /Ã¥ Å½Ã¥ ¤ © (simp) - hà ²u tiÄ n Years this year - ä »Å Ã¥ ¹ ´ - jÄ «n ninlast year - åŽ »Ã¥ ¹ ´ - qà ¹ nintwo years ago - å‰ Ã¥ ¹ ´ - qin ninnext year - 明å ¹ ´ - mà ­ng nintwo years from now - Ã¥ ¾Å'Ã¥ ¹ ´ / Ã¥ Å½Ã¥ ¹ ´ - hà ²u nin Weeks and Months The prefixes for weeks and months are as follows: this week - 這個星æÅ"Ÿ / è ¿â„¢Ã¤ ¸ ªÃ¦ËœÅ¸Ã¦Å"Ÿ - zhà ¨ gà ¨ xÄ «ngqÄ «this month - 這個æÅ"ˆ / è ¿â„¢Ã¤ ¸ ªÃ¦Å"ˆ - zhà ¨ gà ¨ yuà ¨last week - ä ¸Å Ã¥â‚¬â€¹Ã¦ËœÅ¸Ã¦Å"Ÿ / ä ¸Å Ã¤ ¸ ªÃ¦ËœÅ¸Ã¦Å"Ÿ - shng gà ¨ xÄ «ngqÄ «last month - ä ¸Å Ã¥â‚¬â€¹Ã¦Å"ˆ / ä ¸Å Ã¤ ¸ ªÃ¦Å"ˆ - shng gà ¨ yuà ¨two weeks ago - ä ¸Å Ã¤ ¸Å Ã¥â‚¬â€¹Ã¦ËœÅ¸Ã¦Å"Ÿ / ä ¸Å Ã¤ ¸Å Ã¤ ¸ ªÃ¦ËœÅ¸Ã¦Å"Ÿ - shng shng gà ¨ xÄ «ngqÄ «two months ago - ä ¸Å Ã¤ ¸Å Ã¥â‚¬â€¹Ã¦Å"ˆ / ä ¸Å Ã¤ ¸Å Ã¤ ¸ ªÃ¦Å"ˆ - shng shng gà ¨ yuà ¨next week - ä ¸â€¹Ã¥â‚¬â€¹Ã¦ËœÅ¸Ã¦Å"Ÿ / ä ¸â€¹Ã¤ ¸ ªÃ¦ËœÅ¸Ã¦Å"Ÿ - xi gà ¨ xÄ «ngqÄ «next month - ä ¸â€¹Ã¥â‚¬â€¹Ã¦Å"ˆ / ä ¸â€¹Ã¤ ¸ ªÃ¦Å"ˆ - xi gà ¨ yuà ¨two weeks from now - ä ¸â€¹Ã¤ ¸â€¹Ã¥â‚¬â€¹Ã¦ËœÅ¸Ã¦Å"Ÿ / ä ¸â€¹Ã¤ ¸â€¹Ã¤ ¸ ªÃ¦ËœÅ¸Ã¦Å"Ÿ - xi xi gà ¨ xÄ «ng qÄ «two months from now - ä ¸â€¹Ã¤ ¸â€¹Ã¥â‚¬â€¹Ã¦Å"ˆ / ä ¸â€¹Ã¤ ¸â€¹Ã¤ ¸ ªÃ¦Å"ˆ - xi xi gà ¨ yuà ¨ Clarifications The time expressions for  days  and  years  have the same prefixes except for the previous time period: åŽ » (qà ¹) for  last year  and æ˜ ¨ (zuà ³) for  yesterday.   The time expressions for  year  can also be used for events which happen every year, such as anniversaries, school years, and vacations. For example: last year’s spring vacationåŽ »Ã¥ ¹ ´Ã¦Ëœ ¥Ã¥ â€¡qà ¹ nin chÃ… «n ji This same pattern can be used for events which follow weekly or monthly patterns, such as semesters or seasons: last summer - åŽ »Ã¥ ¹ ´Ã¥ ¤ Ã¥ ¤ © - qà ¹ nin xitiÄ n

See order instructions. It is one page discussion question. reference Coursework

See order instructions. It is one page discussion question. reference source within last 5 years thank you - Coursework Example Heart diseases account for 25% of the total number of deaths in the US. Obesity is another health problem that is very prevalent among the middle-aged adults. According to the National Center for Health Statistics, 34.9% of the US citizens are obese (2009). However, the rate of obesity has been found to be higher in the African Americans. The third health problem that can be minimized by regular exercise is depression. Anxiety and depression are the most prevalent mental illnesses in the US today. Almost 40% of the middle-aged adults have been affected by these mental illnesses (ADAA, 2012). As a nurse I would carry out a health promotion on regular exercise that will help the society eliminate the aforesaid health complications. I would reach the targeted group through the available community based organizations and offer a practical teaching on exercise and healthy living. I will use pictures and videos as teaching aids. The middle-aged adults will be encouraged to involve themselves in activities such as walking and running to keep them fit. However, they should not overdo it; too much exercise might make them very tired and prevent them from doing their jobs

The Dramatic Endings in The Playboy of Seville and Don Juan Tenorio Essay

The Dramatic Endings in The Playboy of Seville and Don Juan Tenorio - Essay Example Despite that fact that both plays are constructed on a similar foundation of themes, there are still many major differences between them which can be due to the fact that both were written in very different times. Social conventions and cultural norms became quite different in the 19th century than how they were in the 17th century. Years of difference not only transformed societal structures around the world, but they also significantly influenced the shape of literature. Following discussion will explore how the ending scenes in both plays are different from each other and how those differences at the end of the plays reflect different attitudes of the two societies towards the character of DJ. In the early 17th century at the time when the Playboy of Seville by Tirso de Molina came into existence in the world of literature, the way DJ is explored in the story is intended to reflect on the Spanish Golden Age which was the early modern Spanish society. The play is set in this time period and abides by the popular social, religious, and cultural conventions of that time. This is why in contrast to the 19th century version of Zorrilla, Tirso de Molina’s play is staunchly Catholic. It is the staggering difference between the nature of these two eras that there is such difference to be seen in the plays also particularly in context of their ending scenes. The early 17th century version focuses on the relationship between actions and their consequences, while the modern version appears to question the Christian philosophy related to actions and their effects. The later version has a different ending from that in the original play because writers of that time stopped feeli ng the need to remain strictly loyal to the Catholic philosophy. Religion was beginning to become abstract at that point as more and more people began to question its validity in certain matters in life. In old times like in the early 17th century strictly

A Quantitative Critique for Predictors for NCLEX Success in Nursing Essay

A Quantitative Critique for Predictors for NCLEX Success in Nursing Students - Essay Example The purpose of the following study is to examine the correlation between the NCLEX success and scores of the NET and PreRN examination scores. NCLEX-RN is a national multiple choice exam overseen and administered by the National Council of State Boards of Nursing. It was first introduced in 1982 as a paper-and-pen two-day exam to a computer-adaptive test in 1994 which is also the present test form. TM was introduced in 1997 there are not many similar studies therefore. According to Rubino (1998) there exists a correlation between NCLEX success and NET scores. Among others, according to the Alexander and Brophy (1997) study the firmest predictors of NCLEX success were SAT verbal scores, nursing grade point average (GPA) and National League for Nursing (NLN) Comprehensive Achievement Test scores. Another study by Barkley, Rhodes and DuFur (1998) detect a bond between on standardized test scores and NCLEX, while Beeson and Kissling (2001), Briscoe and Anema (19999), Endres (1997), Swenty (1998), Wescott (1997) employed academic and non-academic variables for their stidoes: the Mosby Assess Test, NLN Achievement Tests, RN Entr ance Examination and ACT. These former content a high GPA is a predictor of success in nursing courses, and above the average scores on standardized tests were predictors of success on the NCLEX exam. Finally the study by Beeman and Waterhouse (2001) suggest that the results of NCLEX could be accurately via available student data. Study Framework, Research Objective and Study Design A drop in NCLEX-RN scores in 1997 led to exploration of failures rates and finding ways to overcome these. Defining predictors of NCLEX-RN such are the Nurse Entrance Test (NET) and Pre-RN exams of the Educational Resources, Inc. (ERI) and part of the Total Testing (TM) package. Total Testing is a monitoring technique held during the course of study and aims to increase NCLEX success evaluating student diverse performance under diverse conditions. The study at hand utilized for the purpose of the paper is a correlational comparative study utilizing the formerly mentioned NET and Pre-RN exams to answers the following questions: Is Pre-RN is the proper tool for NCLEX-RN success rate forecast Is NET is the proper tool for entrance to a nursing school program Are both Pre-RN and NET are predictors to successful performance on the NCLEX-RN exam Variables Analysis was performed using descriptive statistics with inferential statistics employing strength of relations between the measured variables, difference between groups' means, and confidence interval in a two-tailed test (Sayles, 2003). Demographic variables are used as independent along with average point and other marks, grade point average, ACT and additional test scores, taken courses and work experience. Sample, Population and Setting The studied sampled included the senior 83 students of an Associate in Nursing Degree Program (AND) and was held in 2001. (Sayles, 2003) with 78 students graduating and 68 of them taking the test for the first time. Data were obtained by university records and records form the nursing college and were divided in four categories of demographic data, applications to nursing courses, NET and Pre-RN data and the NCLEX results. The analysis and correlation

Humanities Essay Example | Topics and Well Written Essays - 750 words - 1

Humanities - Essay Example sance’ literally means â€Å"rebirth.† It referred to the ideas of artistic renewal and reawakening that occurred in this time period as people began rediscovering the skill of the ancient world, starting in Italy and spreading to other nations. To them, the remnants of the ancient world represented a golden age of shared culture, reason and creativity. Their refocus on the classical subjects, styles and artistic knowledge can be discovered in various forms of art created during this time period, including paintings. Although artists were strongly influenced by classical thought, shown in their inclusion of ancient myths and legends, the Renaissance was also heavily influenced by contemporary discovery and Christian ideals. At nearly the same time, the church underwent a period of Reformation, in which they rejected their previous focus on material wealth and riches, turning instead to simpler, purer early forms. Many artists during the Renaissance, freed of their stric tly religious patrons, were pulled between Christianity and paganism, heaven and earth, in their subjects and communicated this conflict in the magnificent works of art they produced. When the mathematical focus of the ancient Greeks and Romans was discovered, artists of 15th century Florence quickly linked it to the proportional, focus of their own world. They recognized the geometric and arithmetic formulas as a common factor in both creating great works of art as well as communicating to their largely commercial audience on an immediate basis. â€Å"In an age of non-standard shipping units, one had to be able to calculate contents and quantities of shipments fairly rapidly† (Lemaitre & Lessing, 1993, p. 15). Painters and other artists employed this community-wide foundational knowledge in geometry to present objects and elements in their work that were familiar to the average viewer at the same time that they immediately emphasized the message they wished to portray. â€Å"In the same way

Construction Law and Safety Essay Example | Topics and Well Written Essays - 1750 words

Construction Law and Safety - Essay Example The offense is one of strict liability, which means that it does not matter if the statement was intentional or negligent, but, rather, just that the statement was made and that the statement was false. So, in this case, Jimmybuild Ltd., if they made a statement with regards to the condition of the building, any kind of statement to Nina along those lines, and did not mention the fact that the foundation was defective, they would be liable under the Property Misrepresentations Act 1991. A statement that contains an omission would make Jimmybuild Ltd. liable under the Act, so, because any statement regarding the condition of the property would contain that omission, Jimmybuild Ltd. would be liable. Peter, the surveyor, may be at risk of negligence. According Murdoch (2005) surveyors may be guilty of negligence when they do not use skill in preparing their reports and the homeowner relied upon the surveyor’s report (Murdoch, 2005, p. 1). Privity of contract has historically been used as a defense on the part of the surveyor, as there was not privity of contract between the homeowner and the surveyor. Therefore, historically, the homeowner could not recover damages from the surveyor. However, the case of Hedley Byrne v. Heller [1964] AC 465 changed this rule. Heldley concerned appellants who were advertisers with a client named Easipower. Easipower defaulted on contracts to advertise on certain television and radio programmes that were procured by the appellants, making the appellants personally liable on the contracts. The appellants, however, had relied upon reports prepared by the defendant bank in which the defendant bank, Heller and Partners, which stated that Easipower was creditworthy, when, in fact, Easipower was not. The lower court ruled that the bank did not owe a duty of care to the Appellants, because the lack of privity of contract. However, the decision in the House of Lords was that proximity was not necessary to establish when attempting to show whether there was a duty of care owed (Hedley Byrne v. Heller [1964] AC 465). Therefore, privity of contract is not necessary, and an individual may sue a surveyor for negligent misstatements or omissions. Yianni v. Edwin Evans & Sons [1982] QB 438 carried this principle through, and this case is on point for the facts at hand. In Yianni, the surveyors made a representation that a house was suitable for a loan of ?12,000. However, because of structural and foundational flaws, the house was actually worth very little, yet the appellant relied upon the representation that the house was worth ?12,000 and procured a loan based upon this representation. The court still found in favor of the appellants, thus establishing the fact that privity of contract was not necessary for the appellants to collect damages. (Yianni v. Edwin Evans & Sons [1982] QB 438). Thus, Yianni established that not only does there not need to be privity of contract to sue, but that, if the individual who reli es upon the report is of modest means, there are no grounds for contributory negligence. These cases establish that privity of contract is not necessary. Nina did not have a contract with the surveyors, but, rather, had a contract with Jimmybuild Ltd., but this does not matter, she can still sue Peter and

Systems Security IT Assignment Example | Topics and Well Written Essays - 2000 words - 1

Systems Security IT - Assignment Example Moreover, Trojan is operational by initiating an Internet Relay Chat (IRC) that waits for any action from the hacker who has full control over the botnet (Rapoza, 2008). Apart from IRC, hackers utilize root kits to compromise weak system with no updated security patches and have security loop holes that facilitate hacker’s objectives. As there are countless computers connected to the Internet, they use tools to capture and identify vulnerable systems and uses IP spoofing for (Spoofing.2011) manipulating the original IP addresses for gaining access in to the system. Furthermore, these compromised systems are from different geographical locations, it is difficult to identity suspicious traffic, as it represents different time zones. As botnets are considered as a major player in a Denial of Service attacks, it can be prevented by honey pots and bastion hosts that will identify suspicious broadcast at the initial level. As mentioned previously, that a zombie army initiates flooding and broadcasting attacks from various locations to the specific target. The characteristic of this attack encompasses threats from distributed source and is known as distributed denial of service attacks (DDoS). Computer network encyclopedia describes it, as the incorporation of hundreds or even thousands of computers that were previously compromised used for transmitting huge volume of unwanted traffic to the target. DDoS attacks are considered to be lethal in the world of Internet has imposes significant risks for businesses, governmental organizations, army networks etc. (Ghazali & Hassan, 2011) research on DDoS attacks has revealed vulnerabilities not only in the network architecture or infrastructure, but also in the protocol specifications along with Internet. Exhibit 1.1 demonstrates types of flooding DDoS attacks along with protocols: High rate flood attacks: This type of attack is achieved by traffic generation from many machines that may be in total of

Construction Law and Safety Essay Example | Topics and Well Written Essays - 1750 words

Construction Law and Safety - Essay Example The offense is one of strict liability, which means that it does not matter if the statement was intentional or negligent, but, rather, just that the statement was made and that the statement was false. So, in this case, Jimmybuild Ltd., if they made a statement with regards to the condition of the building, any kind of statement to Nina along those lines, and did not mention the fact that the foundation was defective, they would be liable under the Property Misrepresentations Act 1991. A statement that contains an omission would make Jimmybuild Ltd. liable under the Act, so, because any statement regarding the condition of the property would contain that omission, Jimmybuild Ltd. would be liable. Peter, the surveyor, may be at risk of negligence. According Murdoch (2005) surveyors may be guilty of negligence when they do not use skill in preparing their reports and the homeowner relied upon the surveyor’s report (Murdoch, 2005, p. 1). Privity of contract has historically been used as a defense on the part of the surveyor, as there was not privity of contract between the homeowner and the surveyor. Therefore, historically, the homeowner could not recover damages from the surveyor. However, the case of Hedley Byrne v. Heller [1964] AC 465 changed this rule. Heldley concerned appellants who were advertisers with a client named Easipower. Easipower defaulted on contracts to advertise on certain television and radio programmes that were procured by the appellants, making the appellants personally liable on the contracts. The appellants, however, had relied upon reports prepared by the defendant bank in which the defendant bank, Heller and Partners, which stated that Easipower was creditworthy, when, in fact, Easipower was not. The lower court ruled that the bank did not owe a duty of care to the Appellants, because the lack of privity of contract. However, the decision in the House of Lords was that proximity was not necessary to establish when attempting to show whether there was a duty of care owed (Hedley Byrne v. Heller [1964] AC 465). Therefore, privity of contract is not necessary, and an individual may sue a surveyor for negligent misstatements or omissions. Yianni v. Edwin Evans & Sons [1982] QB 438 carried this principle through, and this case is on point for the facts at hand. In Yianni, the surveyors made a representation that a house was suitable for a loan of ?12,000. However, because of structural and foundational flaws, the house was actually worth very little, yet the appellant relied upon the representation that the house was worth ?12,000 and procured a loan based upon this representation. The court still found in favor of the appellants, thus establishing the fact that privity of contract was not necessary for the appellants to collect damages. (Yianni v. Edwin Evans & Sons [1982] QB 438). Thus, Yianni established that not only does there not need to be privity of contract to sue, but that, if the individual who reli es upon the report is of modest means, there are no grounds for contributory negligence. These cases establish that privity of contract is not necessary. Nina did not have a contract with the surveyors, but, rather, had a contract with Jimmybuild Ltd., but this does not matter, she can still sue Peter and

The Importance of CSR at Nike Essay Example | Topics and Well Written Essays - 1750 words

The Importance of CSR at Nike - Essay Example In recent times, it has been observed that expectations from an increasingly informed society are gradually pushing business to prioritize CSR and embrace initiatives that seek to comply with the expectations (Hollender & Fenichell, 2014: p55). This paper seeks to study Nike’s activities as one of the leading sports equipment and wear manufacturer and distributor, aiming to discover whether Nike complies with CSR objectives. The company has faced negative publicity regarding its labour practices especially, which necessitates the objective investigation of its practices to determine whether Nike’s adverse publicity reflects general practice and philosophy at the company. This paper will seek to investigate Nike’s CSR policy, practices that are consistent with this policy, and challenges to their implementation of CSR. Nike’s labour practices in Asia during the 90s were the subject of heated criticism, which threatened their position as market leaders and necessitated a redefinition of their CSR policy. The company put up a multi-functional team at the executive level to drive CSR compliance as a result, allowing for the refining of their production processes to improve environmental sustainability and cut waste (Detienne & Lewis, 2009: p362). They also turned their attention to the workforce and designed a code of conduct for their suppliers so as to ensure their suppliers adhered to Nike’s values, especially in providing healthy working conditions for their workforce. Nike has embraced CSR and tries to impress the same on all their suppliers and retailer, as well. The company also insists that its employees’ internalize their code of ethics and practice it, while also making the same code a benchmark for its suppliers. Its efforts at waste reduction won them the Gigaton Awar d that is awarded to companies in recognition of their carbon emission reduction efforts.