Search & Seizure, Open Fields Doctrine

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road. Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho.From the Mud Flat road, a person enters the Mud Flat through the locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over a saddle from the field. On July 21, 1995, an Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the cows from the air; he then landed his helicopter and inspected the cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the dead cows and the spring. Bennett was not at his truck.Brummett left a note on *** Bennett’s truck after he inspected the cows. The note identified the location of the massacred cows. When Bennett came back to his truck and read the not e he walked over the hill to examine the cows. Because Bennett ran cattle on the ranch adjacent to and west of the Mud Flat Field, and had cattle in the area, he was afraid that the cows might have been his own. He found a number of swollen dead cows. What he saw caused him to leave and contact the Owyhee County Sheriff’s Office (OCSO). At approximately 6:00 p. m. on July 21, 1995 Bennett returned to the Mud Flat Field and Marmaduke Spring.He brought the Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the right shoulder; The significance of the removal of the ear is that a numbered (â€Å"Bangs†) tag is attached to the ear.The owner of cattle can be determined by the tag even if the brand is destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a â€Å"Heart-K† on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to have had calves nurse them after they had been killed. After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the past few days.He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a â€Å"Heart-Kà ¢â‚¬  brand had been skinned. The calf had a new â€Å"T-cross† brand on its left hip. Officers and cowboys found 12 skinned and rebranded calves during the next few days. Two calves were found in Tobias’ and Black’s Mud Flat Field.The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new â€Å"T-cross† brand. Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup.On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an experienced cowboy and his opinion was that blood may have come from one of the cows or calves. Hall cut a small piece of leather containing the spot of blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of leather, Hall said, â€Å"I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. † (PH, p. 572. ) The leather and blood were sent to the Stormont lab.The lab determined that the spot was blood and that it came from one of the stolen calves. On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of a hunter or cowboy will be wi ped on from wiping off either hands or knives or as specks from the spray of cut small arteries.The blood in this instance was smeared and soaked onto the thigh area of the pants and had dripped down onto the cuff area. Nettleton believed that the blood may have come from the cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on the pants matched that from one of the dead cows. DEFENSE ARGUMENTS The arguments are set out in Tobias’ â€Å"Memorandum in Support of Defendant’s Pretrial Motions. † I. THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.As a threshold matter, this court must determine whether Tobias has standing to assert a violation of the 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.The facts demon strate that Tobias and Black had little, if any, expectation of privacy in the Marmaduke Spring kill site, in the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in the running irons found at the Mud Flat field corrals, in the running irons and blood spot found on the saddle which was located in the open back of Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. He has shown no violated privacy interest in the Mud Flat Field, or the Collett/Tobias/Black allotment. Tobias has not claimed an own ership interest in the evidence seized from the deceased cows, the calves or the saddle leather.Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas.In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable exp ectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies. Should this court consider Tobias’ search and seizure claims it should consider that the facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are â€Å"unreasonable. While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy whic h was violated. A. Open Fields The Fourth Amendment â€Å"protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. † Katz, 389 U. S. at 351.The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in the area outside of the curtilage a home. In Hester v. United States, 265 U. S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still. The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and United States v. Dunn, 480 U. S. 294 (1987).In Oliver, the officers acted on anonymous tips, ignored â€Å"no trespassing† signs, a nd found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas. In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn.The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred. The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and owner’s efforts at concealment. It then ruled that the open fields doct rine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. 1984) and State v. Young, 107 Idaho 671 (Ct. App. 1984), the appellants asked the court to examine Oliver‘s effect on Katz and Hester. The court of appeals declined to do so.The court did not agree with the appellants that the evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of â€Å"no trespassing† signs. In Young, the court said that while the officers had initially encountered a gate, a fence and â€Å"no trespassing† signs, they had walked around them to an area where there were no signs, gates or fences.The officers then entered Young’s land and saw the marijuana. Tobias, in his brief, implies that under no â€Å"stretch of the imagination† can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the curtilage of his cabin and are immediately adjacent to his cabin. (Deft’s Mem. , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals â€Å"are within the constitutionally protected ‘curtilage’ of a farmhouse. † (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to expand the definition of curtilage beyond Idaho law.Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is acc essible to the public. State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not †immediately adjacent to a home. † Clearly, the corrals are not located within â€Å"a small piece of land† around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is a tree-covered ridge isolating the cabin from the corrals.Tobias’ cabin sits below the ridge. His cabin is approximately a quarter mile from the corrals. The corrals are not part of a barnyard immediately adjacent to a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and the path to the cabin begins, near the corrals. While the corrals are not clearly visible from the Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch. There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field.The corrals are presumably used for the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that â€Å"a reasonable person may expect to remain private,† therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the corrals are protected by the Fourth Amendment.In Rigoulot the court concluded that observati ons made by persons â€Å"restricting their movements to places ordinary visitors could be expected to go were not protected by the Fourth Amendment. † Rigoulot at 272. The Mud Flat corrals are located near the south end of the Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin. A person who enters the main gate at the Mud Flat Field follows a dirt road north to where it splits. One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property.The other fork continues north for a way then t curves east around a hill toward the corrals. This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of t he way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in an area that visitors would normally go. These visitors include police officers coming onto the property to â€Å"conduct an investigation or for some other legitimate purpose. † Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper. III. THE MUD FLAT FIELD SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. On July 22, after the officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the Charolais calf that â€Å"had a big ol’ patch of hide missing off its side. † (PH, p. 389. The calf was herded to the Mud Flat Field corrals and examined. This calf had skin removed off its right shoulder, where a â€Å"Heart-K† brand had been, and a new â€Å"T-cross† brand on its left hip. Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FO URTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS & BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.The law governing this area of search and seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in the area of the allotment furthest from Tobias’ cabin. The calves had new â€Å"T cross† brands, new ear marks and had a chunk of hide skinned off their right shoulders. Subsequent DNA tests showed that most of the calves came from the dead cows. The Collett/Tobias allotment is a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle.In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no â€Å"no trespassing† signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VI.THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and that either Bennett or Tobias had the authority to consent to their presence. Consent must be shown to be free and voluntary and not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the police officer reasonably believes that the person giving consent to a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1,  § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and the voluntariness of consent is to be determined in light of all of the circumstances. State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. Tobias allowed local people access to his fields. Tobias provided an access key to Bennett.Bennett notified OCSO of the dead cows and brought officers to look at the cows. Bennett used his key to unlock the gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the following day. Tobias talked to state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state of ficers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows.He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new â€Å"T cross† brand, which Tobias claimed as his own.Tobi as & Black may not have been present when the calves were found in the Collett/Tobias & Black allotment. Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence.The law of consent is clear that, â€Å"[w}here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. † State v. Huskey, 10 6 Idaho 91 (Ct. App. 1984), citing United States v. Sferas, 210 F. 2d 69, 74 (7th Cir. ). The co-tenants, the Colletts, could give the officers permission to search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII.THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the thumbnail sized piece of leather and the running irons under either the plain view doctrine or the moving target doctrine. Hall seized the cin ch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. It is reasonable to infer that the calf would have bled.Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap. It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. A. The Plain View Doctrine. Hall’s seizure of evidence from the pickup truck was permissible under the plain view doctrine. The court in State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The â€Å"immediately apparent† requirement is â€Å"met when an officer has probable cause to believe that the item in question is associated with criminal activity. † State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to â€Å"draw reasonable inferences based on his training and experience. † State v. Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v.Newton, 788 F. 2d 1392 (8th Cir. 1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an â€Å"open view† area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the defendantà ¢â‚¬â„¢s motion to suppress these items. B. The Moving Target DoctrineFurther supporting Hall’s decision to seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure†¦ and a search of a ship, motor boat, wagon or automobile†¦ [since] it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. S. 132, 152 (1925). The United States Supreme Court explained this doctrine in Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immed iate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment. When Hall seized the running irons, he believed they had been used as running irons to draw on brands. He knew that it was illegal to possess running irons and, as such, they were contraband. It appeared that someone had drawn the â€Å"T-cross† brand on the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders.He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and calf would have bled. He knew from his experience as a cowboy that the blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see i t again if he did not seize it then. The seizure of the blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. 583 (1974). In Cardwell, officers investigating a murder examined a tire and took paint scrapings from the defendant’s car. The car was located in a public parking lot.In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers. In United States v. Ferri, 778 F. 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their sole s).The above cases are based on the Katz reasoning that the Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. The access to *** Bennett’s ranch is by a road that goes through the Mud Flat Field.The Bennett family has used the road through the Mud Flat Field to get to their property to the north and west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been o wned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The â€Å"T-cross† brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a â€Å"46,† the other is an â€Å"‘F’ hanging ‘J. ’† [ 4 ]. Other Tobias and Black cow/calf pairs were in the fields where the newly branded â€Å"T-cross† calves with the chunks of hide missing were found.The cows were branded with Tobias’ â€Å"46,† their calves were branded with Black’s â€Å"T-cross. † [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App. 1996), established that Idaho will not follow the Dunn analysis regarding enclosure and visibility to passersby. [ 7 ]. â€Å"Curtilage† refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ].This point does not even examine the question of whether one can have a reasonable expectation of privacy in someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, â€Å"any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock†¦ is guilty of grand l arceny†¦. [T]he possession of such iron or instrument is prima facie evidence of guilt. † [ 15 ]. The seizure of the pants is also similar, as both were items held out to public view.

Internalization of Values Socialization of the Baraka

Internalization of Values Socialization of the Baraka and Keiski Aubrey Love English Comp 3 Dr. Popham 3/21/2012 The people who inhabit a community and their interactions with one another comprise a society. These repeated interactions allow people to internalize or, hold true, what society portrays as everyday norms and values. These norms and values are instilled during childhood through the time he or she becomes an adult. Amiri Baraka’s autobiography â€Å"School† and Lisa Keiski’s essay â€Å"Suicide’s Forgotten Victims,† makes this evident.In both â€Å"School† and â€Å"Suicide’s Forgotten Victims,† Baraka’s and Keiski’s daily interactions with their peers, authority figures, and society contribute to the formulation of important life lessons. Through the daily interactions with his peers in his educational setting, Baraka internalizes concepts pivotal to real world situations. School provided Baraka with an environment to social with students that have common interests and goals: â€Å"The games and sports of the playground and streets was one registration carried with us as long as we live† (260). Friends compose the next primary socializing agent outside the family.It allows Baraka to see beyond his small world at home and introduces him to new experiences. Physical and recreational activities are important components in childhood development. Interactions with his peers provided Baraka with his first experience of equal status relationships. When Baraka played around with his friends, he made a distinction between himself and the others around him. The games shared between his friends shows that Baraka began learning to understand the idea of multiple roles; the duties and behaviors expected of someone who holds a particular status.Baraka took the values he learned from playing with his friends and certified them, implementing them in his everyday actions for the rest of his life. Baraka’s peers allowed him to internalize a vital life lesson necessary for the real world. Like Baraka, the daily interactions of Keiski with her roommate and friends in college allow her to experience a form of socialization necessary for reality. College not only provides a rigorous coursework, it offers Keiski and her peers a place to learn and grow from each other. I went to a mutual friend who was going to stay with her that night†¦ he had been around Sue too and said that she’d be all right†¦Ã¢â‚¬  (95). When faced with a scenario that Keishi is unsure about, she seeks refuge and clarification from a friend, hoping he can provide her with insight and wisdom about her situation. Although he tried to affirm Sue’s safety, deep in Keiski’s heart, she knew Sue faced trials and tribulations. From her interaction with her mutual friend, Keiski learns that she cannot depend on others to understand or take care of a situation for her.Keisk i had some kind of understanding of Sue’s hint for help, while her mutual friend did not sense suicidal signs from Sue and thus remained clueless the underlying pain. Keiski internalizes the life lesson that not everyone will understand a particular situation and if he or she does not understand, he or she will not have the answer to fix the situation; not all daily interactions lead to a positive end, a harsh but evident value in society. Similarly to the peers in Baraka’s â€Å"School,† authority figures contribute to Baraka’s socialization by exemplifying values and norms in their day-to-day actions.In this case, authority figures take the form of Baraka’s teacher, Mrs. Powell. â€Å"The only black teacher in the school at the time†¦, beat me damn near to death in full view of her and my 7B class†¦ (which apparently was sanctioned by my mother†¦)† (258). Baraka exerted the wrong class attitude by playing around while the te acher taught her class. Mrs. Powell uses Baraka as a demonstration for the class on what appropriate behavior in the classroom is. Mrs. Powell provides Baraka with an experience of the hierarchal system between adults and children.Baraka’s mother’s approval of physical discipline shows Baraka that certain behavior in a given situation will not be tolerated. The authority figures intend to instill the value they believe prove useful in society; values such as respecting authority figures or not talking over someone in a conversation. Through his experience with Mrs. Powell, Baraka internalizes the importance of recognizing people in positions of power and how to interact with them; a life lesson needed in almost every situation: family, friends, or the workplace.By the same token, authority figures in â€Å"Suicide’s Forgotten Victim† help the socialization of Keiski by allowing her to view the world in terms of how it affected her well-being. She says, â €Å"My own therapy has been immensely helpful, perhaps lifesaving† (96). Keiski’s repressed feelings grew stronger eating away at her conscious. She condemned herself for not having done anything to help prevent Sue from committing harm to herself. Keiski sought help from a psychiatrist whom gave her the support she needed, gingerly and sympathetically listening to Keiski’s issues.The therapeutic treatment of positive discussion allowed Keiski to think about herself and how she continuously handled the situation instead of worrying about her roommate and feeling guilty for not taking action to prevent such a travesty from occurring. It was helpful to Keiski in that she began to understand her why she was feeling the way she was. It can be argued that without having the support of the psychiatrist Keiski could have succumbed the pressure and guilt she felt and like Sue, have tried to end her life. That emotional outlet ultimately saved Keiski from herself and the personal guilt within her that built up.The authority figure, the psychiatrist, taught Keiski that she has to remember to consider herself and her own emotions when dealing with hardships in order to maintain good mental health. Not only do the peers and authority figures contribute to Baraka learning life lessons, society as a whole holds the many values and norms that vary from culture to culture. Baraka narrates a moment in time where he was on trial for supposedly cussing out a cop and making remarks about the cop’s father in a bank. Baraka countered stating African Americans focus on joking about mothers and the case was dismissed.From these societal experiences Baraka states, â€Å"I learned that you could keep people off you if you were mouth-dangerous as well as physically capable† (263). Away from the school or home setting, Baraka becomes exposed to values of society that may not have been so evident, such as racism. In society, it is important to be verball y educated. Not everything in life requires physical strength to overcome an obstacle. Baraka learned that words are just as powerful as physical abilities. He can get what he wants by persuading another by manipulating words and sentence structure.Language is used to convey rules, norms, and values amongst a group. It is main form of communication that exists. Baraka learns that life is based off previous statements about how to live, whether they are true or not. Without language, these ideals would not be able to be shared. Just like Baraka, society in Keiski’s â€Å"Suicide’s Forgotten History† society teaches life lessons on how to deal with the pressures of day-to-day interactions. The nature of society blames and points fingers when something goes wrong: â€Å"We, as a society, need to stop stigmatizing the friends and relatives of a suicide victim and start helping them† (94).The societal stigma that followed casted blame on Keiski for Sue’ s suicidal attempt, subjecting her to isolation. This stigma only promotes more grief, increases the recovery time, and discourages individuals from seeking help. Keiski argues that society needs to change its approach in deailing with suicide and suicide’s victim. Instead of pointing fingers and having scapegoats, society needs to give support and sympathy to families that have lost a love one to suicide. Keiski wants society to focus on prevention and intervention to allow families and friends to cope with their trama.Although â€Å"School† and â€Å"Suicide’s Forgotten Victim† tell the story of two distinctive individuals growing up, both account for strong life lessons learned in the process. Peers provide environments for individual to interaction and learn from one another. Authority figures give insight to the world at large through the experiences of their socialized minds. Society is the daily interaction of citizens in any environment exposing p eople to all the aspects that make up society. These are key agents in the development of norms and values in children throughout their growing period.

Ehe development of Scrooge’s Character Essay

But as I know your purpose is to do me good, and as I hope to be another man from what I was, I am prepared to bear your company, and do it with a thankful heart. Will you not speak to me? † The underlined sentence shows a complete character reversal, such a drastic change in Scrooge’s character in comparison to that at the beginning of the book. We are shown a person who gains an insight into his true character. At the onset of the book some may have seen it an impossible task to change a seemingly impenetrable character such as Scrooge into a good man and that he was past redemption. However, Dickens shows that no matter whom the person is, irrespective of what that person has done in the past, everyone is able to have a second chance and that forgiveness is an attribute which we should all ourselves hold. The spirit takes him to the Cratchit’s house once again. However, there is no laughter this time, just silence. Scrooge is eager to find out what is troubling the Cratchit’s and this is revealed when Bob Cratchit returns to the house. It is then that he remembers the empty stool by the fire and the crutch resting upon the floor. This is a shocking reminder that Tiny Tim has died. It now lies heavily on Scrooge;s conscience as he could have prevented it. As the family is torn apart and he witnesses Mr Cratchit break down into tears he also sees his children rushing to his side. There is still a lot of love within the family even though there is not happiness. Scrooge felt that he had been through enough and that nothing else could shock him especially after all he had seen so far. But Scrooge couldn’t be more wrong. As the Ghost takes him to see his own grave Scrooge releases a loud cry. Prior to this the ghost takes Scrooge along the streets where he lives. He makes Scrooge listen to the conversations people are having on the street about a recent death; â€Å"It’s likely to be a very cheap funeral,† said one speaker; â€Å"For upon my life I don’t know of anybody to go to it. Suppose we make up a party and volunteer? † Scrooge feels pity for the fellow who has died as no one misses him and no one feels sorry that that he has gone. He listens as a few men decide that they will volunteer to go to the funeral but only if there is a large spread put on for lunch. Hhe also witnesses people bringing many items to the pawnbrokers from the deceased man’s home, pulling down curtains and removing bed linen and even removing the shirt which the man is laid to rest in whilst in the coffin. These sights disgust Scrooge especially when he realises that it is he who he pities. The change in Scrooge’s character is shown within one line â€Å"I am not the man I was. Ii will not be the man I must have been† which he cries to the spirit whilst clutching at its robe. Dickens uses a very clever comparison when he shows the reader the future detailing Scrooges death and Tiny Tim’s death. As Tiny Tim’s family long for him to be with them and cry in sorrow, Scrooge only has people stripping him of his materialistic possessions and a few businessmen volunteering to go to the funeral as long as they are fed. Theses two deaths show a boy who was loved dearly contrasted with a man who was hated within his town. This shows that even after death our relationship with other people and the way we have behaved still live in. The harsh scenes that Scrooge has witnessed throughout this night have left a deep impression on him, significantly changing him and his life. The following morning being Christmas Day, Scrooge awakens displaying many new, startling emotions. He says, â€Å"I am as light as a feather. I am as happy as an angel, I am as merry as a schoolboy, I am as giddy as a drunken man. A Merry Christmas to everyone! † As Scrooge buys a large turkey and sends it to the Cratchit’s house for dinner he then dresses and arrives at the house of his Nephew who greets him warmly shaking his hand and offering him a seat. As the room fills and they sit down to eat Scrooge feels great warmth, for the first time he can truly see again and he forgets about his business and about money and begins to live his life opening his heat to those around him. The Following morning on Boxing Day, Scrooge makes a conscious effort to get to work early so that he can catch Bob Cratchit arriving late for work as he did every year. He acts like he would have usually done pointing out that he is late and asking his for his excuses and then he says â€Å"I am not going to stand for this sort of thing any longer, and therefore, I am about to raise your salary. † It is then that Bob realises Scrooge is not the miserly cold man he one was, but is now transformed. Dickens talks of Scrooge’s actions which followed and how he kept the word he had given to the Spirits, he informs us that Tiny Tim did not die and that Scrooge became a wonderful citizen and a great friend to the Cratchit’s as he did to he Nephew. When Dickens published this book he aimed it not at the poor but at the upper class. This was obvious as the poor in Victorian times would not have been able to read such books as these. He wanted to change society’s views and create awareness of the poverty that existed. His emphasis on Children’s ignorance and want I think is a brilliant use of imagery. Dickens subtly insults the rich calling them ignorant and greedy. Despite this, however, Dickens did not receive criticisms for this book but received high commendations and it is still regularly referred to and read by children and adults of our generation. This book is just one of the wonderful creations of Dickens’ imagination, carrying a powerful and profound message that will educate all generations to come.

Toyota Motor Essay Example | Topics and Well Written Essays - 1750 words

Toyota Motor - Essay Example As per the figures available, TMEM had complied with its market demands in 2000 by importing 76 % of the automobile spares from the Japanese plants and assembling them in its European plants. For the next fiscal year, the company reported operating losses of JPY 9.897 billions. The main problem TMEM faced here was simple but peculiar. As the euro was continuously trekking down, except for a few occasions, the revenues in shape of euros did not equal to the expenditure figures when converted into JPY. This cycle repeated all over for three years since the inception of TMEM pushing itself into losses. In addition to these conversion losses, the Japanese subsidiary had to contend with reduced margins on sales in an atmosphere abetted by cut throat competition from the native automobile manufacturers compounding its problems further. as it had to shell down more Euro currency at times towards pound sterling payments made to the UK plant which also supplied automobiles after assembling them. TMEM was caught in this vicious circle of currency conversion. The parent company played the role of an observer as it could not afford to make payments direct from its coffers on behalf of its subsidiary. However, in such a case, it could have been forced to lose more JPY reserves as the yen was playing low against the pound sterling. From this circle of operations, one thing is emerging clearly. The parent company had miscalculated the future of euro and expected an early forward march of its value in international markets. It also expected an early entry of the UK into the European Monetary Union (EMU). These two miscalculations had boomeranged on its operations in Europe leading to its ever increasing dependence on a weak euro. TMEM's problem has therefore been the result of a wrong analysis on the future of the newly cre ated euro currency. The following charts (Internet, graphs) show how the pound and yen values against the euro picked up from 1991 to 2001. In the beginning of 1991, the euro value was equal to 0. 712825 GBP. During the end of 2001, it equalled to 0.618756 GBP indicating gains for the pound.

Finance Assignment Example | Topics and Well Written Essays - 1000 words

Finance - Assignment Example One should consider the following primary risk of buying stock on margin; enlarged losses due to amplified leverage. This happens when one experience a loss. He is accountable for repaying the money rented plus the interest on top of the loss when there is increased leverage. The second risk is maintenance call. It requires maintaining of a smallest amount equality level in the form of cash. When sustenance condition fails, a preservation call will be issued that requires one to sell securities, put down cash, among others, until the account meet the minimum equity requirement (Zweig, 2012). The necessities for the early acquiring of securities using rented assets are characteristically higher than the maintenance necessities. Apart from fed calls, one should also consider forced bankruptcy and finally the margin interest which one is required for repaying the interest on his/her margin loan regardless of any changes in interest that occurred during the time you loan was outstanding. They include; liquidity ratios. This type of ration is used to measure the ability of cash to pay debt. Activity ratios, measures the firm’s ability to repay long–term debt. Productivity ratios measures the firm’s usage of its benefit and control of its expenses to make a satisfactory rate of return and finally market ratios, which measures inventors’ reply to possessing a firm’s stock and also the price of issuing stock. These are also concerned with the return on investment for shareholders and with relationship between return and the worth of an investment in the company’s shares (Zweig, 2012). The difference is that the company using debts as leverage will prosper faster than an individual using margin in that, the company will enjoy the appreciation of the assets over time than an individual who borrows money to cover the risks. The other difference is that debts as leverage is used in mainly investment, but the margin is mainly applied to cover

AIG Insurance Essay Example | Topics and Well Written Essays - 750 words - 11

AIG Insurance - Essay Example According to the paper despite the institutional void, the American Insurance Group was the first to gain a license to operate insurance products. Though the company had to endure seventeen long years in the wait, the breakthrough came when AIG had already owned twelve subsidiaries in China allowing it to apply for an insurance license. The group had access to the Chinese market through its subsidiaries and by getting licenses to sell various insurance products in multiple cities, AUIG was able to break into the institutional void of the Chinese market. The manner in which AIG tailored its products to suit the Chinese market was another way in which the company ensured that its preciously procured licenses were not wasted away. The institutional void in the Chinese market was filled not only by AIG but later on by the Italian insurance giant too. However, AIG had the benefit of being the first in the market. The framework developed by Khanna regarding strategic policies and planning of an insurance company provides set guidelines that can be adopted by firms entering newer markets. The emphasis of companies should be to develop global policies and strategic standards in homogenous markets. However, the Chinese market was not comparable to any previous market that AIG had operated in – the key was to use Khanna’s framework and adopt the insurance products in order to suit the Chinese market. This study outlines that AIG transformed its products to suit the Chinese markets by introducing new marketing techniques and promoting its insurance products in a way that appealed to the Chinese population. It is obvious that there was no lying on part of AIG, however, the emphasis of the marketing program was to project the life insurance policies as savings schemes so that the Chinese market would pay attention to the products. The FSA’s developed by AIG in the markets provided it the advantage that it needed in the Chinese market.

Executive Leadership in Public Organizations Assignment - 1

Executive Leadership in Public Organizations - Assignment Example The Sunroof community performance will be determined by multiple experiences of leaders, and the outcome reflected at individual and community level (Wart, 2012). In order to achieve better performance, the community should build the capacity of new leaders by provides sufficient information through utilization of wisdom of the older generation (Cleveland, 1985). The community should inspire the new generation of leaders by building their capacity and matching individual goals with community goals so that individual leader’s achievement can translate to community advancement. The leadership performance can be determined by the community standards (Wart, 2012). Therefore, Sunroof community should utilize the leadership programs to impart the new generation of leaders with the relevant knowledge and use those programs as a benchmark for measuring performance standards in all community aspects such as social, cultural and economic aspects (Cleveland, 1985). In order to surpass th e previous leadership performance, the community should make a review of the leadership programs and modify the components that did not work according to the community expectations. The community should involve a diversified team of leaders who can identify and solve various issues affecting the community (Wart, 2012). The aim of the community is to train a new class of leaders that will take place of the former group and maintain the status quo of the Sunroof City as a community model for advancing science, innovation, culture and knowledge. As a diversified community and a role model in performance, the community should ensure they obtain leaders from various cultural and intellectual backgrounds to promote a unity of the community and retain creativity. The community should ensure they obtain new leaders from all cultural and intellectual background in order to achieve the organizational goals (Cleveland, 1985).  Ã‚  

Technology Sector Privite Equity and a New Speculative Bubble Term Paper - 1

Technology Sector Privite Equity and a New Speculative Bubble - Term Paper Example According to US securities law, a private company is not permitted to have more than 500 individual investors without making its financial information public. Being a private company, Facebook is not required by the SEC to share financial information with investors at this time. In this paper, we will take a look at the history and features of speculative bubbles including the technology bubble of the late nineties (dot com bust) in an attempt to use economic data to analyze today’s environment to detect the presence of a bubble and its potential impacts. Speculative bubbles have long fascinated and puzzled economists across many time periods. From the original Tulip Mania of the 1630’s to the Dot- Com bubble of the late nineties, these phenomena have kept economists on their toes for centuries, in trying to pin down substantive causative agents that are responsible for the swift increase in the market values of particular assets. Till today, experts have been unable to chalk down exact reasons for the emergence of such bubbles as they can rise up even in the most predictable markets; where the market participants can very accurately calculate the intrinsic value of the assets and where speculation plays no part in the actual valuation process. What is the origin of bubbles? Simply put, speculative bubbles are caused by â€Å"precipitating factors† that have the ability to bring about a change in the public’s perception about the value of an asset and about the future prospects of that asset, which can have an im mediate impact on demand (Shiller , 2000) One of the most famous economists of all time, John Maynard Keynes pointed out in his book â€Å"The General Theory of Employment, Interest and Money†, that abrupt and immediate stock price changes have their roots in the â€Å"collective crowd behavior† of the various market agents more than anything else and that in almost all such scenarios, these rises in prices have

Implications of Health Economic Concepts for Healthcare Coursework

Implications of Health Economic Concepts for Healthcare - Coursework Example In the health care, accesses to medical services are always on high demand. However, there is a shortage of medical practitioners who can help in treating people (Edwards, 2001). This has an effect of increasing the medical costs that entrepreneurs will charge. This is because there is a shortage of medical practitioners, and the demand is high for the services of these practitioners. Another example is on generic drugs. Because of the many and great supply of these drugs, they are cheap when compared to the original version of these drugs (Ko, 2013). The law of supply and demand denotes that when supply is high, then the prices of the products will be low. The experiences of a variety of health care organizations are able to demonstrate the fact that the demand of health care services is not insatiable, and they are predictable. It is possible to predict the advice, appointment, or the message of a health care service provider, basing on time, population, and scope of the practice of the provider (Dalton, 2012). It is possible to anticipate periods of low or high demand by analyzing the demand data that is collected, based on the requests recorded in electronic health registers, or accounting books. An health care system can use these predictions for purposes of matching the supply of its services to the various needs of patients for a particular service (Lee and Kim, 2012). Most people believe that the demand for health care services is inelastic. For example if a person is sick, then he or she will not be very sensitive to price. A person suffering from malaria, typhoid, etc, will pay the price of medical treatment, irrespective on whether it is low, or high. However, the exception to this principles or rules touches on the purchase of eye glasses, plastic surgery, elective surgery, etc. These are considered luxurious health care services, and it is only for the preserve of the rich (Dalton, 2012). In

A personal interest Essay Example | Topics and Well Written Essays - 750 words

A personal interest - Essay Example However, as one grows up understanding reality and morality, one becomes able to better manage such desires. In other words, life is an effort to strike a balance between desires and reality. One BBC article named ‘A Brief History of Celebrity’ points out that thousands of years ago, the way to gain fame or to become a celebrity was through title. Another way was to become a warrior and show ones talent in wars by saving the lives of many people. Another way was the success in ancient Olympic Games. It was rather common in the ancient Rome to honor the celebrities by allowing life-long free meals, and by creating hymns praising them. Also, the famous ones got their faces imprinted on coins, thus becoming immortal (â€Å"A Brief History of Celebrity†). However, the point here is that I, like most other people in the world, want to become a celebrity, no matter what way it comes. However, the surprising thing at this juncture is the fact that I kindle this desire ev en after gaining the realization that becoming a celebrity, either in entertainment or in sports, is a near impossibility for me. This understanding and the desire to know the reason behind this longing take one back to the Structural Model proposed by Freud. According to Freud, all people are born with Id, or the pleasure principle. It is this Id that makes people look for things that make them feel good, and in search of this good, they give no attention to reality. It is this Id that makes children insist for various things without considering the viability of the demands. However, as people grow up, they develop Ego that makes them look into reality. Thus, Ego helps strike a balance between the irrational demands of Id and the realities of the situation. Lastly, there arises Superego, or, the moral principles of life. Once it is developed, it controls the actions of one by dictating what is right and what is wrong. However, the Id goes on looking for ways to feel good and happy with its ultimate selfishness. Here, I reach the realization that it might be my Id that lies in my mind that makes me nourish such wishes even though my Ego reminds me the realities. One can see Franz Kafka in ‘Letter to My Father’ pointing out how he failed to understand the benevolent acts of his father, and feared him. A look into the work proves that the writer, as he grew up, developed Ego and Superego that made him look into not only his present life, but also his past with a new insight. Again, one can see the writer acknowledging the fact that he is still in the grip of fear, and hence, is unable to explain everything. This shows the still strong impact of Id on his life as an adult. Kafka now admits that his father had always lived for the family, and as a child, Kafka enjoyed a high life ‘with complete freedom to study’ whatever he wanted. In addition, he had nothing to worry about food. Here, Kafka makes the acknowledgment that he is guilty of n ot understanding and acknowledging the good things his father had done for him. In addition, he admits that even without his father’s presence, he would still be a weak, fearful, hesitant, troubled man (Kafka, 6). Here, considering my desire to be a celebrity, I reach back the Freudian conclusion that all humans are suffering from some mental disorders. According to him, it is the strength of debilitation that decides the difference between the sane and the insane. If this concept is

The Pursuit of a Just and Stable Society Essay Example for Free

The Pursuit of a Just and Stable Society Essay In Plato’s writings that reached its full expression in his famous dialogue, The Republic, he argued that attainment of a just and orderly society lies on the establishment of a society wherein the reigning regime or leader is a philosopher king or queen who possesses the necessary wisdom of philosophy, ethics and politics. In Plato’s republic or just and ordered some of the main features are the abolition of private property or the holding of all goods to belong in public. These extended to the sharing of wives and husbands, establishments and almost anything in the city. Summing up Plato’s ideas in The Republic, a just and ordered society can only be attained by the reign of the philosopher king or queen and the abolition of anything that is private (Cooper, 1997). For about 2000 years after Plato wrote these ideas, almost the same framework or way of thinking had rose in to fame and managed to take the world by storm. Karl Marx and Friedrich Engels published what is known as The Communist Manifesto, which is considered as one of the most influential political text of all time. In the said literature, Karl Marx and Friedrich Engels had tried to explain how our modern society can manage to attain a society that is just and orderly. Reading the said manifesto, we can conclude that one of the most central ideas for the attainment of this ideal society that we are talking about is this – the abolition of private property. For the two thinkers, they believed that the most important foundation of any capitalist society that is the dominant idea on the world is the concept of private ownership. In the text, they had tried to build an argument that says that capitalism is evil. With arguments like alienation and exploitation, they almost declared that capitalism is the cause of all the evil that is happening in the world (Marx et al 1888/1967). However, as they argued, this evil (capitalism) has been always rooted on another evil which is also one of the central concepts in Plato’s discussion on The Republic – private property. In this respect, we are together with Plato, Marx and Engels on the belief that a perfect society can only be attained through the abolition of private property. Adopting the arguments in both The Republic and The Communist Manifesto on the evil of accumulation of private property, we are going to solely base the attainment of a just and order society by the virtue of the abolition of such characteristic in the society. Discussing whether our modern arrangement can afford a framework wherein private properties were abolished, we are going to answer if the world can attain true justice and order in the future. For more than 200 years, the framework and system of capitalism had managed to encroach in every part of our lives. Ranging from the mainstream politics of liberalism to our food in our refrigerators up to our system of education, the world had been dependent and managed to exist on capitalist grounds. The ideas of capitalism have been engraved on every human psyche that made us always think in terms of currencies, money and other capitalist traditions. The question is very simple and it is this, â€Å"Is it possible shift to a society wherein accumulation of private properties was abolished just like the socialist community of Marx or Plato’s republic. The answer is very simple. Yes. The history had taught us that a shift from a feudal or capitalist society (i. e. the case of China, Russia, Cuba, and North Korea) to a communist country (socialist in the future) is possible. Reviewing the history, these countries had managed to shift to a society that is communal in nature using the revolutions of the masses, the workers or the farmers. However, the answer is not as simple as it seems to be. Though the answer is straight yes, we must remember that the price to pay for this kind of shift is hefty and huge. We must remember that these countries managed to attain communal revolutions through the death of hundreds of thousands or even millions of lives. In the case of China, much of their cultural and historical artifacts were destroyed and sacrificed for these kinds of shift and revolution. The communal revolution had been so bloody and costly that it connotes negativity for many people (Gascoigne, 2010). Now, we must ask ourselves if we are willing to pay the price for this kind of revolution. Are we ready to let go the benefits, the beauty and the luxury of a capitalist society for the pursuit of the idea of a just and stable society? Are we ready to give up our properties and let the central government to decide on what we have to do or what will be our job? Are we ready to boycott anything that is a product of the capitalist system? Are we ready to go ‘underground’ and grab weapons and arms to fight the reigning capitalist class? All of these questions must be answered first before we can be able to decide if we are ready to pursue the just and orderly society that a communal society (that abolishes private property) promises. Lastly, it is important to note for each one of us that the basis of our discussion for the criteria of our just and order society are only the writings of thinkers such as Plato, Engels and Marx. We are never sure if their ideas can really work on the real world. Reviewing the history with the nations and countries that follow them, we can conclude that the communal government that abolished private property is not as perfect as what is seems to be (though we can also argue that they were wrong in understanding and following these thinkers). However, the question will remain simple, The question is simply, â€Å"Are we ready to sacrifice our current societal arrangement for the pursuit of an idea that are not still sure. † This is a very important question. This is an addition to the difficulty of the shift or revolution itself. These questions should be answered before we have to do anything. It is very difficult that in the end, as we pursue these ideas, we will found ourselves in the end frustrated because of the mistakes, errors and inaccuracy that made us sacrificed what we already had. The point in this discussion is simple. Assuming that the thinkers in the name of Plato, Engels and Marx were true (which is difficult to prove), the question whether we can create a just and orderly society remain complicated. It is no longer a simple Yes or No. The capitalist system and framework had been so wide and huge that it became difficult to kill it. Even if we managed to kill it, there is also a possibility that we can also be killed in the process due to our heavy dependence on it. It can be said that the last ten generations had been bred by the capitalist system making it difficult for any one of us to counter it. However, the possibility of shifting to a society that Marx and Plato had thought is still possible. Yet, the question will remain, â€Å"Are we ready to do what is necessary to achieve such system? †

Ford Modular engine Essay Example for Free

Ford Modular engine Essay †¢Come up with six follow-up questions that you could ask to help further your investigation and support or disprove each hypothesis. †¢According to an anonymous town resident, the spike in absences coincided with the annual anniversary of the death of the town’s founder, Jeremiah Potts. The founder died 150 years ago during the month of May following an unexplained illness, and ever since his death, he haunts the public buildings causing symptoms similar to the illness that he succumbed to. †¢Provide an explanation for why the hypothesis of the anonymous resident is not an acceptable one for an investigation based in science. Include in your explanation a comparison of this hypothesis to the two that you created based upon the available evidence. Submitting Your Assignment Save your copy of the assignment in a location and with a name that you will remember. Be sure to use the Save As option to include your first and last name in the title of the document. For example, your assignment might be called Shawn_Edwards_Assignment2.doc When you are ready to submit it, click on the Dropbox and complete the steps below: †¢Click the link that says Submit an Assignment. †¢In the Submit to Basket menu, select Unit 2: Assignment †¢In the Comments field, include at least the title of your paper. †¢Click the Add Attachments button. †¢Follow the steps listed to attach your Word document. †¢To view your graded work, come back to the Dropbox or go to the Gradebook after your instructor has evaluated it. Click the Dropbox to access it. ID: SC300-02-09-A Data reported as percentage of students absent

Cultural treatment of promiscuous women and illegitimate children

Cultural treatment of promiscuous women and illegitimate children The headline read, One out of 12 in America Held to be Illegitimate; Issuance of Partial Birth Certificates Proposed to Avoid Embarrassments (Staff, 1944, p. 4). The assertion conjures a mental image of hundreds of decadent, low socioeconomic status, immoral women and her filius nullius (Latin term meaning, son of nobody). Parents of the single, gravid woman were shamed, mortified or disgusted by the sexual promiscuity of their daughter; how they could face their friends after learning of the daughters transgression? Is this the first era of social stigma related to a child borne by an unmarried woman? The samplings of historical data below indicate no. The Bible speaks often to a debauched woman and her bastard offspring. For example, Galatians 5:19-21 (English Standard Version): 19 Now, the works of the flesh are evident: sexual immorality, impurity, sensuality, 20 Idolatry, sorcery, enmity, strife, jealousy, fits of anger, rivalries, dissensions, divisions, 21 Envy, drunkenness, orgies, and things like these. I warn you, as I warned you before, that those who do such things will not inherit the kingdom of God. Figure Lillian Gish (1926)In 1850, Nathanial Hawthorne wrote the Scarlet Letter. Set in a Puritan colony, his central character Hester Prynne, gave birth to an illegitimate daughter because of an adulterous affair. Hester was publicly shamed and forced to wear a red letter A on her chest, identifying her as an adulterer. She experienced cruelty, humiliation, and ostracism from the people of the community. She eventually realized the fortitude of her spirit. The novel is 160 years old, yet the moral dilemmas of personal responsibility, and consuming emotions of guilt, anger, loyalty and revenge are enduring. Unfair treatment and the stigma really permeate all aspects of society. Its still expected that people will marry and that theres something weird about you if you dont. Thomas Coleman In the year 1944, when the above article appeared in The Pittsburgh Press, the institution of marriage before parenthood was the virtuous and accepted way of life. Women were expected to love and obey their husbands. bas ·tard (basà ¢Ã¢â€š ¬Ã‚ ²tÉâ„ ¢rd) noun a person born of parents not married to each other; illegitimate child anything spurious, inferior, or varying from standard Slang a person regarded with contempt, hatred, pity, resentment, etc. or, sometimes, with playful affection: a vulgar usage Etymology: ME Vocabulary to describe the child borne of an unmarried woman varies throughout literature. Bastard is the most prolific term used in the earliest writings. A bastard is a person born out of wedlock whose father is not listed on the birth certificate and legal status is illegitimacy. Bastards had no right to inherit property from his or her parents except through a will. In the mid-20th century, discrimination against children born out of wedlock became subject to constitutional limitation under the provisions of the Fourteenth Amendment (Columbia, 2009, p. 1). Illegitimate, love child, whoreson, spurious; terminology referring to the child borne of an unmarried mother may be perceived as vilifying the child. The mother, whos referenced by the terms unwed, unmarried, or single, was a pariah. Often, the pregnant single woman was scuttled off to a residential home for unwed mothers. The occurrence of out-of-wedlock births has been rising over the past 70 years. In the 1940s, fewer than five percent of the total births were out of wedlock (Ventura, 2009). In the 1940s and 1950s, unwed mothers were strongly encouraged to give their children up for adoption. Commonly, an illegitimate child raised by grandparents or married relatives believed the unwed mother was his sister or he was her nephew. Between 1940 and 1960, the escalation of out-of-wedlock births was subtle. Since the 1970s, increases in the number, rate, and ratio of out-of-wedlock births have been dramatic. In addition, the size of the unmarried population has increased as a result of the high birth rates during late 1940s through the early 1960s, along with the unprecedented deferment of marriage by the baby-boomers (U. S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention [DHHS], 1995, p. 4). Little in the literature discusses the biosocial and psychosocial influences upon the child or the mother. However, researchers have gathered a multitude of statistics demonstrating the delayed cognitive development of the child of a single parent. Unwed teenage mothers and their children are more likely living in lower socioeconomic conditions. The mothers face multiple risks of dropping out of school and becoming part of the economic underclass (Drummond Hansford, 1992, p. 529). The unwed mothers were perceived by society as deadbeats ripping off the American taxpayer. Additionally, the societal concern of Americans over teenage mothers was that babies are having babies; that 16 year old girls were too young and unprepared for the responsibilities of single parenthood (Whitehead, 2007, p. 6). The negativity surrounding unmarried mothers and their children was rampant during the years prior to 1970. That is not to say the mind-set completely disappeared at the stroke of midnight on December 31, 1969. The public opinion of unmarried mothers remains. How that opinion is manifested has undergone changes. The transformation of the single-parent family from uncommonness to an established family style was one of the most dramatic social changes of the 20th century. Only 1 in 10 children lived in a single-parent family prior to 1960. More than 1in 4 did so by the centurys end. Although the consequences of single parent family formation have received abundant scrutiny, less is known about the evolution of attitudes toward these families (Usdansky, 2009, p. 209). Is the increase of non-martial births due to eroding morals? Or, is there more ambivalence and apathy towards the single parent lifestyle? The cognitive development of morals and culture in emerging adult (ages 18-25) continues through middle age (Berger, 2008, p. 483). During this phase of human development, the emerging adult thinking is more practical, more flexible, and more dialectical (Berger, 2008, p. 472). The cultural background likely affects the cognitive process (Berger, 2008, p. 481). Cultural influences have an effect on religious belief development. The religious and spiritual growth of a genome progresses with stages of human development. Take the quotation below, for example. Marriage exerts less influence over how adults organize their lives and how children are born and raised than at any time in the nations history, the survey says. Between 1960 and 2005, the rate of unwed childbearing increased sevenfold, from 5.3 percent of all births to 36.8 percent. The survey finds that the average unwed mother is more likely to be white than black, and more likely to be an adult than a teenager. à ¢Ã¢â€š ¬Ã‚ ¦ The survey attributes this sharp increase in non-marital births to an ever greater percentage of women in the 20s, 30s, and older à ¢Ã¢â€š ¬Ã‚ ¦ delaying or forgoing marriage but having children. But more Americans than ever naively think they alone can make single-parenting work. Day-to-day realities slowly undermine this optimism. Single parents who have been at it awhile know better than anyone how less than ideal their situation is. Thats one reason we can expect to see more and more single parents looking for outside support. Single mothers à ¢Ã¢â€š ¬Ã‚ ¦often long for a strong, caring male to enter their childrens lives. So it nearly goes without saying: The church has a unique opportunity at this cultural moment. For years, we have been preaching the supremacy of the two-parent family, offering classes and seminars for young couples and familiesà ¢Ã¢â€š ¬Ã‚ ¦ A dramatic example, but boys without father figures and girls without mother figures have a strike against them. The latest national study shows that more children than ever are entering the world with such strikes. Its an unprecedented cultural moment for Christians, to see if we can act less like individual consumers of spirituality and more like the family of God (The fatherless child, 2007, p. 5). On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, better known as the Welfare Reform Bill. This law changes how governmental financial assistance is administered. On September 15, 2000, the Department of Health and Human Services Secretary Donna Shalala awarded five states $100 million ($20 million each) in for reducing the number of out-of-wedlock births. Among the priorities of the 1996 welfare reform law were promoting parental responsibility and encouraging two-parent families, said Secretary Shalala. Im very pleased to award these bonuses as an incentive to advance these important family goals (U.S. Department of Health and Human Services [DHHS], 2000). Is the child borne of an unwed mother destined to poverty, illiteracy, and a life of crime? Is the single mother doomed to never-ending disgrace and the topic for scandalous gossip? In the next chapter, evidence throughout the years reveals the picture is not all black. The moment a child is born, the mother is also born. She never existed before. The woman existed, but the mother, never. A mother is something absolutely new. Rajneesh The year 1992 marked a pioneering event on network television. The highly-rated CBS show Murphy Brown started the new season with Murphy Brown, a divorced news anchorwoman, become pregnant and choosing to have the baby and raise it alone. Americas pro-lifers jeered, while the pro-choices cheered. Even the presidential candidates had something to say. Vice President Dan Quayle declared that the Los Angeles riots were caused in part by a poverty of values. He went on to denounce the acceptance of unwed motherhood. It doesnt help matters, Quayle complained, when Murphy Brown, a character who supposedly epitomizes todays intelligent, highly paid professional woman is portrayed as mocking the importance of fathers, by bearing a child alone, and calling it just another life-style choice (Murphy Brown, 1992). In 2006, Rosanna Hertz published her non-fiction book, Single by Chance, Mothers by Choice. She noted the Single By Choice (SBC) woman belongs to a distinct subgroup of single parents, who, out of a strong desire for a child, have made the active choice to go it alone. Moreover, she asserts the SBC route to parenthood does not necessarily seem to have an adverse effect on mothers parenting ability or the psychological adjustment of the child (Murray Golombok, 2005, p. 1655). From the early 1960s to the late 1980s, the percentage of women having a non-marital child increased by 50% among whites and by 24% among blacks (Currie, 2009, p. 37). One research study hypothesized a preventive group intervention with SBC mothers can identify potential psychological risk factors and help mothers with sensitive aspects of parenting (Ben-Daniel, Rokach, Filtzer, Feldman, 2007, p. 249). There is research indicating that women in the typical age group of SBC mothers (35 to 44) tend to experience more stress than younger mothers. Their lifestyle is well established; pregnancy and parenting are perceived by some as interfering with their chosen way of life, especially in her career. SBC women are often the oldest daughter in their family (Ben-Daniel et al., 2007, p. 263). In the few studies that exist on children of single mothers, no significant difference has been found in the childs emotional and social development. Likewise, the development of gender identity of children of single mothers, as compared with children raised in heterosexual families, was unaffected. The results of the study revealed therapeutic gain: Reduction of stress, tension and guilt; helped mothers prepared for parenting by encouraging a positive self-image and perceptions of the child. Improving the SBC mothers acceptance of her chosen family model therefore promoted her willingness to tell children their birth story (Ben-Daniel et al., 2007, p. 264). The child must be aware that it is okay to come from a family background different from a friends or neighbors. Some children live with two parents, others with only their mother or a father. Recently, grandparents have become the newest faction of caregivers for their grandchildren. Other relatives, step-parents, friends, or guardians are examples for the child to ponder. As one SBC mother revealed to her son, Walt Disneys famous mother and son elephant family never made reference to a father; and the mother and son seemed perfectly content. The child must know that he is a miracle, that since the beginning of the world there hasnt been, and until the end of the world there will not be, another child like him. Pablo Casals The non-marital child and his mother faced prejudice, humiliation, taunts and sneers over the centuries. The hurtful monikers of bastard or illegitimate child are slowly giving way to kinder terms. The prevalence of single by choice, mother by choice women is increasing at the end of the first decade in the 21st century. The commonality of alternative family models and the quiet acceptance of them allay the self-consciousness of the mother and child. No longer does the solo parent with her child have to endure the social stigma of a virtual scarlet letter. When two are a family, the biosocial, cognitive and psychosocial development of the non-marital child is determined by nature and nurture, the environment of unconditional love and acceptance by his society, and the eternal affection of his mother.

Alls Well That Ends Well as Fairy Tale and Morality Play :: Alls Well That Ends Well Essays

All's Well That Ends Well as Fairy Tale and Morality Play Shakespeare employed two ancient story-telling forms in writing All's Well That Ends Well. One, the fairy tale, he inherited from his source. The other, the morality play, he worked into the story. The type of fairy and folk tales of which All's Well That Ends Well is an example are known as Virtue stories. These are composed of two major sections: The Healing Of The King and The Fulfillment Of The Tasks. These tales can be found in the early literature of cultures the world over and have two qualities in common: the cleverness and devotion of the woman sent by her husband to perform the tasks, and the husband's immediate acceptance of the fulfillment of the tasks as evidence of the wife's courage and love. The Healing Of The King in All's Well is a variation of a common popular theme: a hero wins the hand of the king's daughter by performing a difficult task, in which failure will cost him his life. Boccaccio and Shakespeare add interest by switching the genders of the characters. Shakespeare also drew on the morality plays, a popular medieval theatrical form in which characters representing good and evil struggle for the soul of the hero. In All's Well Shakespeare has created similar relationships by adding the character of Parolles. Parolles acts as Vice personified, and Helena acts as Divine Grace. Together they struggle for the soul of Bertram, unredeemed man. Shakespeare carefully weaves these two forms together at two major points in the action. Helena's healing of the king operates on the level of fairy tale and carries hints of the miraculous as well. Lafeu calls it "A showing of a heavenly effect in an earthly actor." At the end of the play, Bertram's acceptance of Helena fits the Virtue story form. It also reflects the point in morality plays when unredeemed man, burdened by sin and about to be carried off to the everlasting torments of hell, calls for mercy. However, unlike the characters in morality plays and fairy tales, Shakespeare's characters are realistic in their motivations and behavior. Can a fairy tale work in the complex lives of real people?

Survival And Adaptation :: essays research papers

Survival and Adaptation   Ã‚  Ã‚  Ã‚  Ã‚  Tom King and his family are not wealthy. In order for them to survive Tom had to box. Tom King was very old to be boxing. He had to change his way of fighting to even have a remote chance of wining. In Tracks by Louise Erdrich Eli and Nanapush had to learn to live with each other to survive. Nevertheless Tom King and Eli both did what they had to do too survive. They are good examples of strength and determination.   Ã‚  Ã‚  Ã‚  Ã‚  Tom King was not a rich man but a poor one. Jack London writes that Tom had to send his children to bed so that they might forget about dinner. This portrays what kind of life Tom and his family live in. they live life day by day, struggling to eat and pay debts. All morning Tom had a craving for a piece of steak. But the butcher wouldn't give him one because he didn't have any credit. It's ironic how he used to feed his dog pieces of steak but now he can't even give himself one. Eventhough Tom was a strong man on the outside the thought of how his family lives must have ripped him apart inside. The one thing he wanted, a piece of steak proved to be a critical factor in the outcome of his match.   Ã‚  Ã‚  Ã‚  Ã‚  Tom king is beginning to notice the signs of fighting. Jack London illustrates Tom Kings face as a 'beast, with lion like eyes.'; This description portrays Tom as a brutal man who looks like a killer. But on the contrary he's just a normal man who suffered the consequences of his profession. In the ring Tom King is slow and bulky. He does this to conserve his energy. This demonstrates character development. When Tom was younger he use to be just like Sandel. Rushing into everything, not using his head. But now he has to slow down. His body isn't as strong as it use to be. It's the only way he would be able to survive.   Ã‚  Ã‚  Ã‚  Ã‚  Eli and Nanapush are both in need of each other. Louise Erdrich describes Eli as he shows up at Nanapush's door as 'open and lifeless.'; This description illustrates the situation he's in. He has no food or hope. Nanapush then offers Eli a bowl of soup but he refuses it because the soup is only an old gopher. These two lines from Tracks by Louise Erdrich indicate what the problem is from the beginning.

Emperor Caligula Biography Essay -- essays research papers

Emperor Caligula On August 31st, 12 AD Germanicus and Agrippina the Elder gave birth to the third Roman emperor during the Julio-Claudian Dynasty. During the beginning of his reign, it seemed to be, as most would call it â€Å"a dream come true†. But after a few favorable accomplishments, Caligula became the deranged tyrant he is known for today. Born Gaius Julius Caesar Germanicus, he acquired the name Caligula at the age of two. After being separated from his parents for eighteen months, Augustus prepared traveling arrangements that would re-unite him with his mother. His parents gave him an oversized soldier’s uniform with military boots and he became the mascot for the troops. Thus, he received the Latin nickname for â€Å"Little Boot†. Three months after he acquired this nickname, Augustus died and the troops rebelled. For the sake of her family, Agrippina prepared to leave with her son. Quickly realizing how savage their behavior was, the troops stopped rebelling and begged Agrippina to stay. They said, â€Å"the mere sight of little Gaius unquestionably calmed them down.† Germanicus let Caligula stay, but made Agrippina leave because she was about to give birth. After Germanicus (Caligula’s father) and the Roman army had defeated the Germans, a victory parade began in Rome. Caligula was placed in a chariot alongside his father as they rode throughout Rome. Not long after, Germanicus was sent to the Middle East with his family where he received new military duties. The five-year-old Caligula also accompanied him. Even though Germanicus had all authority in the East, Piso of Syria challenged him. After a long fought battle, Germanicus became ill and died. This event remained strong in Caligula’s memory and could have le... ...tus, was treated with more honor than the most honorable citizens in Rome. He intended to appoint the horse as a consul, but the little sanity he had left led him to abandon this idea. Not long after his many tyrannical actions, the Praetorian guards planned his murder. According to history books, the guards mainly killed Caligula for personal reasons but many believe that Caligula’s successor Claudius was involved. January 24, 41 AD, Emperor Caligula was assassinated by the Praetorian guards. Many Roman people believed that Tiberius’ later years damaged the carefully crafted political edifice put together by Augustus. They then realized that Tiberius was a glorious emperor compared to Caligula. As the people called him â€Å"our baby† and â€Å"our star†, it is ironic that his name later became synonymous with words such as hedonism, cruelty, tyranny, and insanity.

My Father Goes to Court Author by Carlos Bulosan Essay

My Father Goes to Court is just one of the many short stories in Carlos Bulosan’s â€Å"The Laughter of My Father† which was published in the 1940’s in the United States. It is the most popular one, I believe. He wrote this story based from folklore in the Philippines and it has an underlying social commentary. It was said that this work is a protest against the economic progress of his time. This story shows the culture, traits and way of the Filipinos. In the Filipino context, this story favors the underprivileged families over affluent ones. It is supported by the part at the end of the story where after the father gave back the â€Å"spirit of wealth† through the jingling of the coins in the straw hat, the judge immediately dismissed the case. While it is not really true in this day and age because the poor has no fair fight against the rich, the idea behind it is not quite simple. Maybe the author wanted to show the issue the other way around, thus, using a reverse psychology. Filipinos are known to be light people. We don’t usually wear much burden on our shoulders. Well, we have a lot but how do we cope with every situation? By not taking it so hard, of course! In every problem, like poverty, even if they don’t get to eat much for the day, they are still smiling and laughing together and the family is still intact. Like in the story, the narrator’s family is a poor family, and yet, because they are not so sensitive, they get to play outside and laugh. In the rich family’s case, they are abundant in food and a comfortable lifestyle but are still not content with what they have and push others-like the poor family- to pay for it. In the real world, rich people tend to step down on the poor because they perceive themselves  more powerful than the poor. In the part where the judge asked the father where his lawyer was, and he said he doesn’t need one, it is seen as the turning point of justice in the Philippines. The law dictates that every citizen is given justice. But is it really the case? The law takes for granted the poor. Yes, the poor can’t afford hiring the best lawyers so the rich takes advantage of them. In the story’s case, the judge didn’t care to give him a lawyer where in the real world, if you have no lawyer, it is as good as loosing.

Planned Organizational Change Essay

Abstract Planned organizational change can be defined in many different ways, and characterized on many different levels. The common denominator listed after reviewing two related Internet articles, indicates that change cannot take place for â€Å"change’s sake†, but must be implemented to accomplish a specific goal or task. Another common statement states that change must also be accepted and embraced before the desired outcome is achieved. Planned Organizational Change Planned organizational change can be defined in many different ways, and characterized on many different levels. The common denominator listed after reviewing two related Internet articles, indicates that change cannot take place for â€Å"change’s sake†, but must be implemented to accomplish a specific goal or task. Another common statement states that change must also be accepted and embraced before the desired outcome is achieved. The first Internet article reviewed was titled â€Å"Planned Organizational Change as Cultural Revolution† (Izumi and Taylor. n.d.). This article was particularly interesting because of the broad statement provided indicating that organizational schemes often fail because of poor reception by those involved. The article states: Organizational schemes â€Å"gang aft a-gley† during the implementation stage because the corporate culture does not change enough to allow the new ideas, procedures, and structures to take hold. There may not be the â€Å"cultural buy-in† necessary to sustain the current change effort. If planned change is to be successful, it must include, as an integral and critical part of the change process, the seeds of the new values, beliefs, and attitudes the organization is trying to grow. Unfortunately, change programs are often set up to fail because the change methods only perpetuate the old way of doing things. This statement rings particularly true for this author. Over the past 20  years in business I have witnessed many organizational changes that have failed miserably. Businesses seem to want a change, for different reasons, but do not know how to properly implement these changes. Improper implementation of a sound plan, not enough organizational commitment, and organizational politics, as indicated in the article, seem to provide some of the most common reasons for failure related to organizational change. Businesses will sometimes have a valid plan to change an organization, but neglect the final stages of implementation. This lack of follow-up invalidates the entire effort. Politics also play a significant role in most organizational change failures. Many businesses have allowed small unofficial organizations to form within organizations; this creates internal â€Å"kingdoms† which prove fatal to organizational change. A strong belief in the importance of a proper structure, as told by the article, often causes change factors to focus on the organization instead or processes. The effects of this type of change produce a structural change instead of a process change that allows the same processes to function under new management. The article goes as far as mentioning on model, used specifically in the case of large mergers, how many resources can be combined with little analysis of the operating environment. The thinking is, the combination of skills, thoughts and ideas will combine to form an organization that operates in a drastically different manner that initially imagined. This idea sounds valid, but a combination of organizational direction from management combined with the evolution of processes and organization would seem to provide the most effective solution. Business Process Reengineering (BPR) is one of the most interesting ideas retrieved from the first Internet article. The BPR is described as a natural outgrowth of the Internal Process approach to organizational effectiveness. This model concentrates on targeting internal processes for change. When these processes are analyzed for inefficiencies there is little consideration given to strategy or organizational structure. When internal processes are changed to increase efficiency, the old systems should be replaced with new systems rather than using the old systems to create new  processes. As old systems are purged, the effects on the organization increase exponentially. The â€Å"domino effect† seen by replacing old processes often surprises businesses as to the effectiveness of this model. The second article reviewed was titled: Basic Context for Organizational Change, this article parallels the previous article reviewed by this author. This article written by Carter McNamara, PhD provides two interesting points: (1) Change should not be done for the sake of change, and (2) There is typically strong resistance to change; people are afraid of the unknown. This author has witnessed several organization changes that could easily been implemented simply â€Å"for change sake†. The Internet article helps in the realization of the necessity for organizational-wide changes to truly create situations that effect positive change. Many times businesses will implement organizational changes in only one or two departments, when the change truly effects the every department or division in a small way. Organizational-wide change, along with change acceptance will go a long way toward creating a favorable atmosphere to change. Typically there are strong resistances to organizational change. People are afraid of the unknown. Many people like the way things are, are comfortable, and don’t understand the need for change. Many people view any organizational change as â€Å"bad†, and neglect to give proposed changes an opportunity to succeed. This type of behavior is difficult to remedy, but a well-structured, properly organized change can implement change much easier that an ill conceived plan. In conclusion, this author has realized the importance of implementing and following through with planned changes as an integral part of successful organizational change. This author has also realized that change for â€Å"change sake† is a dangerous proposition and organizational changes should always consider the entire company before attempting local changes. A final lesson teaches the importance of recognizing people’s inherent resistance to change and the need to address human resistance as an important step in any organizational change effort. The items reviewed in both internet articles discussed effective ways to implement and recognized planned change, and  should be invaluable in future business endeavors. Reference Izumi, H., Taylor, D., (n.d.). Planned organizational change as cultural evolution. Empire State College Resource List. Para. 2. Retrieved April 15, 2003 from the World Wide Web:http://www.esc.edu/ESConline/across_esc/forumjournal.nsf/ 3cc42a422514347a8525671d0049f395/1f36661906ca98d9852567b00