Thursday, October 31, 2019

The Principle Characteristics of the British Constitution Research Paper

The Principle Characteristics of the British Constitution - Research Paper Example Conversely, the question still exists – why do we not turn Conventions into rules of law, or codify them? Some have been codifying, such as Parliament Act 1911 and, the Statute of Westminster 1931, which states that the British government will not interfere with the affairs of other nations. However, a good answer is that there would be a huge shift in power in favor of the courts to the judiciary. During the Re Amendment of the Constitution of Canada 1982, another question arose – if the courts recognize conventions, does that mean they turn into laws? The courts made it very clear that they do not. Some cases have touched on the question of whether conventions can crystallize into law. This question was answered in the case of Manuel v Attorney-General [1983] and the suggestion, in this case, was that the convention that Westminster would not enact legislation for a dominion except at its request and with its consent had crystallized into law so that actual consent ha d to be established. The action had been brought by Aboriginal chiefs seeking a declaration that the Canada Act 1982 was ultra vires, as the consent of the Aboriginal people did not exist. Section 4 of the Statute of Westminster 1931 did not enact the convention but incorporated it in a modified form. Under the constitution of the U.K., all actions of government are undertaken in the name of the Crown. Any account of the prerogative is an account of power. The prerogative today represents one of the most intriguing aspects of the unwritten constitution. In focusing on one particular convention, the Royal Prerogative, it may become clearer why Constitutional Conventions of the U.K. should be codified.

Tuesday, October 29, 2019

Something related to the instruction Essay Example | Topics and Well Written Essays - 250 words

Something related to the instruction - Essay Example According to the information that the management provided, the Indiana State Museum advocates environmental awareness activities with fun educational programs and initiatives. In this case, many such events are organized throughout the year in order to concentrate efforts ion environmental management. On the wall of the museum, there is impressively displayed photo gallery that tells various stories about environmental conservation. Very many paintings are displayed that exhibit various scenery and geographical scenes that are well managed. Accordingly, the entire Museum can be described as a complete story that challenges people to take an active responsibility in the conservation of our environment. One can confidently describe the Indiana State Museum as a centre of excellence as far as environmental conservation is concerned. The museum instructor describes the founder of the facility as an esteemed environmentalist and that the museum was founded to specifically facilitate the conservation efforts. The information and material presented during the visit to Indiana State Museum is very much related to the current course topic. In this case, the information describes environmental conservation efforts. In my current topic, environmental conservation is a key

Sunday, October 27, 2019

Distribution of Foreign Direct Investment in Kazakhstan

Distribution of Foreign Direct Investment in Kazakhstan In his book author (RRRRR), wrote that domestic investors of any particular country who engage in investments activity outside their country of residence and this investments earn them returns which are then repatriated to their domestic country are engaging in foreign direct investment. From the point of view of a country, foreign direct investments are the investment made by non-citizens of that country or investment made by citizens in other foreign countries. Foreign direct investment is attainable where there is a good business relationship between the investing company or parent company and its subsidiary company located abroad. This kind of business relations has led to the emergence of multinationals company that engage in foreign direct investment in many parts of the world. According to (DDDD), a business analyst whose studies refer to only those companies which have a minimum of 10 percent shareholding in foreign subsidiaries as companies that participate in foreign direct investment, also companies which have voting rights in the annual general meeting of foreign subsidiaries engage in foreign direct investments. Types of Foreign direct Investments As by the definition, foreign direct investment can be classified in two categories namely the internal FDI and external FDI, the classification of the two categories is mainly guided by the restrictions that are imposed for these investments and the requirements involved for such investments to take place. External FDI also known as direct investment abroad usually supported by the local government due to the benefits it will bring to the country one among them is foreign exchange that will help the country to have a balance of payments in its international trade. The government offers there support by giving such investments tax incentives that will reduce the cost of doing business and as well as make the investment worthwhile without eroding their income. External investments become unfavorable when companies abroad get special treatment by their local governments which in a way give them competitive advantage over the external FDI by granting them subsidies and covering of their risks. Internal FDI is encouraged by the host country in different manners which include; subsides, elimination of trade or investment barriers that makes doing business for foreign investors hard, lowering of interest on loans granted to them and tax allowances. Other classifications of foreign direct investment are vertical FDI and horizontal FDI. Vertical FDI occurs when a multinational company that owns more than 10 percent of foreign subsidiary, engage with its subsidiary in business activities whereby the foreign subsidiary is the main supplier of raw materials to the multinational company or it uses the goods and serviced produced by the multinational company. Horizontal FDI is when a local multinational company engages in the same business activity in different parts of the world. Motives behind Foreign Direct Investment FDI which are driven by the motive of establishing a strong market presence or venturing into new markets are termed as market-seeking FDI, while FDI which are driven by the motive of tapping into factors of production like labor, human resource which are in foreign countries and are more efficient in operations and cost are termed as resource -seeking FDI. FDI motivated by maximizing the opportunities available and reaping on the benefits of economics of scale are termed as efficiency seeking FDI. Determinants of foreign direct investment The main factors which will determine if a foreign direct investment can take place are the economic prospects of the foreign country and the size of the potential market. If the foreign country has wide market then foreign investors will assume that they will be able to grow their investments rapidly and get big returns of it. The foreign countrys population will also play critical part in making decision on whether to participate in foreign direct investment, because its the size of the population that determines the consumer size available thus a big population will mean a big consumer base. If the foreign country citizens have a reasonably higher per capita income it would mean that they would be ready to spend and to the foreign investor he or she would translate this to potential of good investments. Foreign investors will also be lured into investing in foreign country if the workforce thats available is well qualified and competent enough, who will offer to them big returns on their human capital. The availability of natural resources like gold, oil and diamond will attract foreign investors to these countries, an example is Saudi Arabia, United Arab Emirates and other oil rich countries have all attracted foreign investors into their country to tap into the oil exploration industry thats unlimited and has good future prospects. The level of technological advancement and infrastructure that are available in a country will also influence on foreign direct investments. Recent reports and studies have shown that countries which have properly placed infrastructure facilities have experienced a high amount of foreign direct investment. (PPPPPPPP) studies noted that over the past countries have made tremendous reforms to their economic policies in bid to create conducive environment which can attract more foreign investments and companies that engage in foreign investments have altered their legal framework to make them more transparent and sensitive to their business environment. Advantages of Foreign Direct Investment in Kazakhstan According to statistics released by the Ministry of Economy and Budget planning of Kazakhstan they have shown that the country main benefit from foreign direct investment has being the economic development witnessed in that country, especially since the country was referred to as among those economically developing countries in the 1990s. Foreign direct investment has also being the source of financial assistance for Kazakhstan during times of economic hardships. Kazakhstan has also witnessed technological advancement since foreign investors who allocate a big percentage of their capital towards technology and research in the field that they plan to invest in. The workforce in that country has become more skilled and resourceful because the foreign companies bring in new skills and train their human resource according to their high standards, in addition they have contributed to the education development in that country because of the revenues they pay to the Kazakhstan government in the form of corporate taxes which are channeled to building of schools and technology-focused training institutions. New jobs have being created in the country which can be mainly attributed to FDI that has also led to the rapid development of the manufacturing industry in that country, e employees working in these companies are also paid according to international standards which affords them good lifestyle and increase in the living standards of the countries population. Kazakhstan revenue collection has shot up because now it not only relies on domestic taxes but also taxes that come from these foreign investment made in that country, the increase in revenue collection has played a big role in the growth of the economy. Companies in Kazakhstan that have ventured to foreign markets have being able to increase market for their goods and services thus have being able to earn the country foreign exchange that helps it to attain a balance of payment in the international trade. The Kazakhstan central bank reportedly has lowered it interest rates on loans made out to business ventures which is attributed to the influence of foreign direct investment. Business can now access capital from the local banks at a low interest rate level; the small and medium sized companies have tapped this advantage and have grown their business to a high level. Disadvantages of Foreign Direct Investment in Kazakhstan Operations of the companies, Human resource working for these FDI companies and the distributions of revenues made out of foreign direct investment are the main areas that are prone to suffer from the disadvantages of FDI. The fragile parts of the economy of the host country are also prone to any negative shift in foreign direct investment. Studies done by (GGGGGG) have indicted that negative consequences of foreign direct investment in a host country can be reduced if the government is strict in ensuring that these companies that participate in FDI in their country are engaged in business activities that environment friendly, they abide by the social and legal regulations that the government has established. In Kazakhstan foreign investment has forced the government to make some economic reforms that which have not being received well by the locals, some of the economic policies do not even favor the foreign investors themselves. The geographical location of Kazakhstan and also the fact that it is land locked has made foreign investors view it as an isolated region unfavorable for doing business because of the high transport fee to fly in and out of the country especially when moving goods or capital goods that need to be shipped or transported through the railway. In allowing foreign direct investment Kazakhstan will be placing their local companies at the disadvantage of being taken over by the large multinational companies who are exposed to huge amount of capital to invest. For Kazakhstan local companies which engage in direct investment abroad will be exposing themselves to the danger of nationalized in the foreign country. The government of Kazakhstan aims at making the economy more liberal to attract even more foreign investment into the country, in doing so they loss control of these companies that operate there as subsidiaries fully owned by multinational companies. When the government does not exercise control over these companies the environment and locals interest cant be represented and employees are exposed to potential exploitation by such companies. Some of the companies will even disregard economic policies set by the government. Foreign direct investment wont be of benefit to the Kazakhstan economy if the subsidiaries of multinational companies directly channel their profits to their mother country without making any developments in the country the invest in, there would also be imbalance of payment as more capital will be moving out of the country than capital coming into the country. Foreign Investment in KZ economy The foreign investment turnover in Kazakhstan has shown a continuous growth over the past ten years with an annual growth average of 19.1% with a significant growth being recorded in the years between 1995-2006, the rapid growth that was estimated to have reached more than fifty billion US dollars by August the year 2007 was largely associated with the sharp rise in prices of both oil and gas coupled with the significant increase in oil export volumes. Kazakhstan main partner in trade is still viewed to be Russia who are the country largest importers, the country basically enjoy a large export market in the western countries where there are leading in export of oil and metals that are used by industries there as raw materials. Foreign investment in Kazakhstan economy has increased because investors are attracted to the country by the fact that economy of the country has be experiencing tremendous growth, evidence is shown by figures which show that about eighty percent of all capital inflows that went to the central Asia region were direct towards the countrys economy with the European Union topping the list in terms of source of investments. Author (PPPP), in his studies show that this sharp raises in foreign investment is due to the economic reforms made, stable institutions that have being set up and the development experienced in the banking sector. Foreign investment led to about eighteen Kazakhstan companies being listed in the London Stock Exchange with four being listed at the main market in the period between the years 2005-2007. Foreign direct Investment in Kazakhstan; Sources: Ministry of Economy and Budget Planning of the Republic of Kazakhstan. Foreign Inflow by various countries to Kazakhstan figures according to the year 2009; COUNTRY Japan France US Russia Netherlands China Italy UK Others % 3% 7% 16% 4% 28% 6% 4% 6% 22% Source: Ministry of Economy and Budget Planning of the Republic of Kazakhstan. Movement in the key economic indicators   Key economic indicators 2003   2004 2005 2006 2007 2008   Real GDP growth (%)   9.3   9.6 9.7 10.7   8.9 3.1   Consumer price inflation (av. %)   6.8 6.7 7.5 8.4 10.8 9.5   Exchange rate Tenge:US$ (av)   149.58 136.00     132.88   126.09   122.60   122.55   Exchange rate Tenge:à ¢Ã¢â‚¬Å¡Ã‚ ¬ (av)   168.79   169.04   165.42   158.27   167.8   167.75   Budget balance (% of GDP) -1.7   -1.9 SOURCES: Kazakh Statistical Agency, Investors Guide, Nationalbank Kazakhstan  Ã‚  Ã‚   Main exporters and importers Main destinations of exports 2007 % of total   Main origins of imports 2008   % of total   Russia   9.8   Russia   35.5   Italy   16.3   EU   24.5   France   8.3   China   10.7   Switzerland   15.7   US   5.1   China   11.8   Ukraine   4.7   Others   38.1 SOURCES: Kazakh Statistical Agency, Investors Guide, Nationalbank Kazakhstan Main export and imports   Major exports 2007   % of total   Major imports 2007 % of total   Mineral products   69.8   Mineral products   12.8   Chemicals, plastics, rubber   4.1   Chemicals, plastics, rubber   10.7   Non precious materials, its products   17.3   Non precious materials, its products   13.5   Machinery, equipment transport, instruments and apparatus   1.8   Machinery, equipment transport, instruments and apparatus   46.8   Foodstuff   3.9   Foodstuff   6.8   Others   3.1   Others   9.4   SOURCES: Ministry of Energetic and Mineral Resources, Investors Guide, Ministry of Agriculture of the Republic of Kazakhstan  Ã‚     Ã‚  Ã‚     Ã‚  Ã‚  Ã‚   Investment Environment in Kazakhstan Kazakhstan located in the central Asia and Europe region is the ninth largest country in the world thats landlocked with a gross national income per capita of more than six thousand and a population of more than fifteen million whom according to reports released by United Nation are averagely in the income group of middle income earners. Kazakhstan currently leads the central Asia in terms of social and economic growth, it has the potential to make the region independent and an economic success, the European Union in the year 2000 elevated the country to the market economy status due to its attraction to international investors and multinational companies who prefer to locate their. The same move was followed by the United States of America who in the year 2002 also elevated the status of Kazakhstan to a market economy up from a non-market economy opening up for their local companies the wider western nations market that includes the US; this conclusion was arrived at after observing economic indicators that showed improvements such as the increase in level of wages for the workforce, convertibility of countrys currency, increase in foreign direct investment, drop in corruption level, control of production, public control and reduction in human rights violation. The transition to market economy is a journey that started 17 years ago from the former soviet economy to a free market economy. After independence from the Soviet Union in 1991, the high rate of inflation and economic decline that was witnessed in the early parts of 1990s Kazakhstan engaged itself into a series of political, economic and social reforms. Currently the economic reforms are geared towards diversifying the economy more particular is to remove the economic reliance on natural resources and focus on developing other key sectors of the economy. Kazakhstan investment environment has seen an overall macro- economic stability coupled with economic reforms that are aimed at making the environment more investment friendly. Figures released by the Index of Economic Freedom show that over the past five years the country has witnessed a recommendable economic growth that can be attributed to the increased revenues from the Oil industry. The Kazakhstan high corruption level, unfavorable tax rates and lack of access to funds for investment are the main difficulties experienced in the investment environment that has made doing business even harder this is according to the 2009 reports by Enterprise Surveys. It is important to note that the investment environment in Kazakhstan has shown improvements in these three problematic areas making doing business easier in that country. The most notable improvements were in reduction of costs from 1,431 dollars to 119 dollars which are incurred when applying for construction permits, the other sectors that transformed so as to improve the investment environment was shown by the 10 percent fall in corporate tax, reduction in labor taxes and even compulsory contributions by the Kazakhstans working population was lowered. A new tax code and the Kazakh law were also introduced all aimed at making the country a good investment harbor, the new law mainly focused on ensuring that there was equality in the distribution of investment incentives to both local investors and foreign investors, safeguard the rights of investors and establish procedural system that was free and fair in settling disputes of investors. Some of the measures that the new tax code p ut into considerations included; adjusting the tax code so that it can be in line with the international financial reporting standards, eliminating the advance payments by all but three hundred biggest companies of their corporate tax, extension of loss deferral period to up to ten years, lowering of value added tax from 13% to 12%, gradual introduction of traditional payment scheme for value added tax and the implementation of a common social tax rate of 11% replacing the regressive scale. The drastic changes and economic policy reforms all paid of when the country was voted as the leading country in CIS because of its efforts in creating an investment environment that was conducive for doing business. International rating agency in 2002 rated Kazakhstan highly in terms of investment and due to the fact that Kazakhstan was the first Soviet Union republic to repay all the loan advanced to it by the International Monetary Fund (IMF) in the year 2000 which was seven years ahead of the repayment schedule, Standard Poors and Fitch confirmed the same in the year 2004 as other surveys and research done by international organizations all showed the same. In particular Fitch analyst pointed out that Kazakhstans finance and economy in general was better placed to deal with pressure from Oil and the ever changing oil prices than any other country in the world. The organization of top forty most industrialized countries (OECD) in the year 2003 put Kazakhstan at position four in terms of export credit rating which was an upward movement from the last rating done by OECD before 2003. The better ratings meant that the country could now enjoy good opportunities for doing trade. According to figures given out by World Bank business experts they show that out of all the foreign direct investment made in central Asia nearly eighty percent of these investments were made in Kazakhstan, the same report also showed that the country is regarded as being among top twenty countries which are most favorable to foreign investors. Recent years have seen research and survey place Kazakhstan in the top spot in foreign direct investment per capita which has being increasing steadily. In the period between 1993 and 2005 FDI was reportedly to have grown to be more than 37 billion US dollars, important point to note is that in the period of 2001 to 2003 there was only 4.5 billion US dollars worth of FDI made while in 2004 there was a drastic increase of up to 8.4 billion US dollars worth of investment made in Kazakhstan which was due to the increase in local companies that had foreign direct investment from 6,579 companies in 2003 to 7070 companies in 2004. Literature Review Regional distribution of foreign direct investment is the allocation of the investment opportunities and resources in economical manner so that every region gets a piece of the cake. When Kazakhstan is making strategic planning, they make a regional distribution plan considering the available FDI. It involves distributing FDI among the much needed projects or sectors of the economy and regions in the country. In the strategic planning decisions are made as to what areas or regions need FDI and what amount of FDI is needed, afterwards a contingency mechanism is established which sets out regions or area that should be given more priority than the others incase FDI is limited Regionally the country enjoys great leadership thanks to its close ties with the Russia, China and the central Asia region also the creation of customs union between the country Russia and Belarus this year has cemented its position as the regional leader. . Major Key sectors that Kazakhstan has mainly focused on improving through the help of foreign direct investment include; agriculture which offer investment opportunity in over twenty million hectares of farmland with more than a hundred and sixty five million hectares of pasture, the government has tried to promote these sector to investors by putting in place infrastructure facilities that offers smooth transport system. The textile industry also offers investment opportunities thats backed up by availability of qualified workforce, availability of processing factories that are already in place the government also make grants to these industry in form of tax holidays, favorable custom tariffs plus there is a wide ready market for textile products in East-Europe region and Russia, close links that exist between neighboring cotton producers like Turkmenistan, Uzbekistan, Tajikistan make the sector highly capable of big returns. The telecommunication sector has being liberalized to attract more foreign investors enhanced by the growing number of information technology an internet penetration which has resulted to a sharp demand for broadband ISP services. The power generation sector will attract FDI due to high electricity consumption attributed to increased income/quality of life, infrastructure and hydrocarbon projects, recent reports show that a total of twenty two billion US dollars worth of investment are expected by the year 2015 plus the government has set aside thirteen billion US dollars that are to be channeled in the expansion program of power generation capacity a further nine billion US dollars will be invested in distribution and national grid. The other potential area that the Kazakhstan government focuses on distributing FDI to is the Metallurgy sector which produces huge amount of world-class base, precious minerals and metals, the sector has well developed infrastructure that are already in place and the closeness to biggest consumers of metallurgical products makes it worthwhile to channel FDI to. According to National Bank of Kazakhstan, the country is ranked at the 20th position in terms of its oil reserve, 13th position in terms of natural gas reserve and 24th in the world in natural gas production. Recommendation Kazakhstan should take the advantage of its strategic location which put it at a better place to become the centre of business in central Asia with ready markets form Russia and China. To gain competitive advantage over other country Kazakhstan should focus on creating conducive business environment together with political stability and increase the incentive granted their local companies that want to participate in direct investment abroad. All this will be attainable if there will be zero tolerance to corruption cases, improving of the education standards and the logistical infrastructure. Political institution should be strengthen by instituting professional training for government officials, engaging the local government in the developments of clusters, design a process to ensure that the political environment is transparent in its deal and consistent, institute professional civil service with transparent rules and performance based promotion. Zero tolerance to corruption will be achieved if the government institution eliminate the long tendering procedure that are involved with tenders, put in place comprehensive strategy to fight against corruption in national and local government, the other way to eliminate corruption is to ensure maximum punishment for those officials who engage in corrupt deals plus salary increment to government staff. The other recommendation that will see increase in FDI is removal of labor quota on expatriates; promote the transfer of skills as show of commitment to the growth of FDI, promoting the entrance of foreign banks in to the local banking industry, establishing transparent small and medium enterprises lending institutions, reduce the complexity in regulatory procedures that are involved in the licensing and registration process and the involvement of existing multinational companies in setting up private sector IFCs. Privatization of government owned industries and establishing a competition oversight authority that will make the country more attractive for foreign direct investments.

Friday, October 25, 2019

Agent Orange :: Vietnam War Essays

Agent Orange In 1961, the United States began spraying herbicides in its military campaign to defoliate the jungles of southern Vietnam. Mimicking Smokey Bear, American pilots chuckled "Remember! Only you can prevent forests," as they dropped weed killers over target sites. But as research progressed, the true nature of the chemicals which they were spraying came to light. It is certainly no longer a laughing matter when it is realized that Agent Orange, a major herbicide used, could be as deadly to humans as it is to plants. The military research of herbicides dates back to World War II (1). Ineffectiveness prevented them from being used in the war. By the late 1950’s, however, herbicides developed could defoliate a large variety of plants. Naturally, they were thought to be a great weapon in combating jungle warfare. Applied to the Vietnam War, herbicides were used to defoliate the jungle and to destroy crops. Defoliation stripped the jungle of vegetation. Left barren, it no longer provided camouflage for the Viet Cong, their supply routes and base camps which would be more prone to aerial attacks. Crop destruction denied the communists of local food sources. This forced them to divert more resources to provide and transport foods other regions. But just as important, crop destruction also weakened enemy morale and forced villagers to move to cities where they could be more easily controlled. The program for spraying herbicides over Vietnam was code named Operation Trail Dust. It began in 1961 and peaked from 1967 to 1969 (2). Various methods were employed to systematically spray these chemicals. On ground, they were used by soldiers to clear the perimeters of their base camps. Riverboats were used to spray the riverbanks. Most damage to the jungle was done by air. The Air Force Operation Ranch Hand, as it was called, used C-123 cargo aircrafts and helicopters to drop the majority of the herbicides used. There were many types of herbicides used by the United States in Vietnam. Each was named after the color of the 4-inch band painted around the 55-gallon drums in which it was contained: Agent White, Purple, Blue, Green, Pink and Orange. In all, 19.4 million gallons of herbicides were used, 60% of which were Agent Orange (2). The effects of the sprayings on the jungle were immediately recognizable. Estimates show that six million acres or twenty percent of the entire land area of the Republic of South Viet Nam was covered with chemical poisons (3).

Thursday, October 24, 2019

Jodi Arias

Travis Alexander, a 30-year-old businessman, well-known motivational speaker and devout Mormon. With a single gunshot to the right brow and being stabbed 29 times, Travis was then left for dead in a stand up shower in his bathroom for several days. When Arias was questioned by the police she stated that she had not seen Travis since April of 2008. She then claimed she had seen two men kill him, then eventually saying that she killed him out of self-defense (Warren, 2013).According to Arias, the dysfunction of their relationship reached its climax when she killed Alexander in self-defense after he became enraged following a day of sex and a gun accident, forcing her to fght for her life. This was the third different account of how Alexander's death had occurred that Arias had offered police, which both prosecutors and observers felt severely damaged Arias' credibility as a witness, a sentiment later echoed by Jurors upon the completion of the guilt phase. Arias also mention they had s plit up, but Alexander would still invite Arias to his house for sex.Investigators found a camera at the crime scene which had damaging evidence time stamped on photos left on the cameras hard drive, detectives found Alexander's clothes, sheets, and pillow case in the washer. Also, found the washing machine was the cameras memory card. With positive DNA samples and hair matching Jodi Arias at the crime scene Arias was arrested for the murder of Travis Alexander. In September 2008, Arias was given a public defender and she then pleaded not guilty at her arraignment. In October 2008 the Maricopa County Attorneys office filed a notice of intent to seek the death penalty against Arias.The Maricopa County Superior court then accused Jodi Arias of First-degree murder â€Å"in an especially cruel, heinous or depraved manner. † This began one of the biggest criminal proceedings since Casey Anthony. Arias told Judge Sherry Stephens she wanted to represent herself. The request was gran ted but Arias Public defenders Kirk Nurmi and Victoria Washington stayed on the case. Defense attorney Kirk Nurmi argued Jodi Arias acted in self- defense after their relationship became sexual and physically abusive (Arizona Central, 2013).Arias defense attorneys requested that the death penalty be aken off as a punishment due to the defense she did not plan to kill Travis Alexander it was an act of self-defense. This motion was denied. Nurmi tried to enter in electronic letters into evidence to back his case, these letters supposedly nad proot ot Travis Alexander allegedly admitting being a pedophile. This evidence was dismissed due to it being forged. This delayed the trial for three weeks. In January 2011 Victoria Washington filed a motion to withdraw from the Arias' case. With the motion being granted, Jennifer Willmott was then assigned to the case.Willmott questioned Arias n the stand for 19 days and handled the witnesses for the defense which ended up with Willmott discredit ing Janeen DeMarte a clinical psychologist a state witness (Arizona Central, 2013). In January 2013, opening arguments began. Deputy County Attorney Juan Martinez, a prosecutor known for his gamesmanship, asked the Jury to sentence Jodi Arias to death. In his opening statements Jan. 2, 2013, he told the Jury that Arias first stabbed Travis Alexander, then slit his throat and put a bullet in his head after he was already dead.Martinez painted a picture of an attractive but ealous woman who murdered a successful man who was trying to break ties with her. His conduct during the trial came under scrutiny of defense attorneys when he was shown in the media posing for pictures with trial spectators outside the courthouse (Arizona Central, 2013). During the trial Juan Martinez tries to geta jurisdictional rule passed against Arias' use of text messages during the case. The rule was not passed due to lack of evidence and Freedom of speech.Ryan Burns a former love interest of Jodi Arias test ified on June 5, 2008 Arias was several hours late arriving home, she told him that she got lost and stopped to rest. Arias had dyed her hair and had cuts on her hands. Arias mentioned she had cut them while working at Margaritaville Resturant, she had broken a glass and cut her finger. They settled down to watch a film together – and soon got physical, he told the court at some point we were talking and we kissed,' he said. ‘Every time we started kissing it got a little more escalated (Warren, 2013).At some point she was kissing my neck, I was kissing hers, but our clothes never came off. Burns said they resumed their kissing later that night when she climbed on top of him, but they stopped as he did not want her to egret the visit due to her Mormon beliefs about sex. Burns, who is also a Mormon, was unaware that Just 24 hours earlier, she had been posing provocatively for photographs later found on her murdered ex-boyfriend's camera. On the stand the prosecutor asked about Arias strength, Burns replied, ‘she is a lot strong than she looks† (Warren, 2013).Penalty phase began on May 16, 2013, when prosecutors called Alexander's family members to offer victim impact statements, in an effort to convince the Jury that Arias' crime merited a death sentence. On May 21, 2013, Arias offered an allocution, during which she pleaded for a life sentence. Arias cknowledged that her plea for life was a reversal of remarks she made to a TV reporter shortly after her conviction, when she said she preferred the death penalty. â€Å"Each time I said that, I meant it, but I lacked perspective,† the former Arias said. â€Å"Until very recently, I could not imagine standing before you and asking you to give me life. She said she changed her mind to avoid bringing more pain to members of her family, who were in the courtroom.At one point, she held up a white T-shirt with the word â€Å"survivor† written across it, telling the Jurors that she would sell the clothing and donate all proceeds to victims of domestic abuse. She also said she would donate her hair to Locks of Love while in prison, and had already done so three times while in Jail. That evening, in a Joint Jailhouse interview with The Arizona Republic, snow, Arias said sne didn't know whether the Jury would come back witn lite or death. Whatever they come back with I will have to deal with it, I have no other choice. † Regarding the verdict she said â€Å"It felt like a huge sense of unreality, I felt betrayed, actually, by the Jury. I was hoping they would see things for what they are. I felt really awful for my family and what they were thinking. (Warren, 2013) On May 23, 2013, the sentencing phase of Arias' trial resulted in a hung Jury, prompting the judge to declare a mistrial for that phase. CNN reported the vote was 8 to 4 in favor of death (Shoichet, 2013).After the mistrial was declared and the Jury discharged, the jury foreman stated that he b elieved Arias was mentally abused, but that had not been enough to excuse her crime. He also said, â€Å"l think 18 days hurt her, I think she was not a good witness. We're charged with presuming innocence, right? But she was on the stand for so long, there were so many contradicting stories. † He said the Jury ound the responsibility of weighing the death sentence overwhelming, but were horrified when their efforts ended in a mistrial. â€Å"By the end of it, we were mentally and emotionally exhausted,† he said. l think we were horrified when we found out that they had actually called a mistrial, and we felt like we had failed. â€Å"

Wednesday, October 23, 2019

Walt Disney: the Quintessential American

Disney: The Becky Tashkulova Mr. Brown American History 25 May 2011 Walt Disney: The Quintessential American You’re riding a rollercoaster in a Disney theme park in Orlando, Florida. You look around at the incredible architecture and imagination that is flowing throughout the park. You start wondering if your childhood would be the same without the man behind all this greatness. Walt Disney was a man full of charisma, joyfulness, and positivity. He never backed down or felt discouraged after failing.He was a man who knew what he wanted and ended up getting it; he was a go-getter. His legacy is celebrated every year by the making of new Disney movies and he is appreciated throughout the world. If you ask an average person who is the quintessential American, his or her response would be someone like George Washington, Theodore Roosevelt, or Abraham Lincoln. Although those are great examples, they don’t portray the same traits as America would. This paper will show how Wal t Disney is the quintessential American.Just like America, Walt Disney is prejudiced, catalytic, and persistent. Many people use â€Å"racist† in a wrong form. To be racist is to keep one race from doing something; while Walt Disney never did that. He was prejudiced against other races, which means unreasonable feelings, opinions, or attitudes, especially of a hostile nature, regarding a racial, religious, or national group. Although there is no hard proof to show that Walt Disney was prejudiced, he did show it in his creations, or so we think (Gabler). The Three Little Pigs† featured the wolf dressed as a Jewish peddler. The American Jewish Congress protested that the characterization was so â€Å"vile, revolting and unnecessary as to constitute a direct affront to the Jews. † According to Walt Disney Archives, Walt referred to Italians as â€Å"garlic eaters† and used a variety of crude terms for blacks. To this day, many critics assume that the crows in Dumbo are shown as stereotypes. But Walt was no closet racist. At home he always preached racial, religious and ethnic tolerance to his two daughters.Under his supervision, Disney studios was inhospitable to many minorities, few of whom said to worked there, said that they were virtually verboten on the screen (Gabler). Everyone sees America as this â€Å"welcoming† and â€Å"interracial† country, but no one remembers all the terrible and hypocritical things that America has done in its history. Some would say America is paradoxal, or hypocritical, or contradictory, and while all those words do describe America, no one seems to describe America as prejudiced. The Chinese Exclusion Act was brought up in Congress due to the overflowing population of Chinese in the United States.The US needed workers to build the Transcontinental Railroad, so they brought in the Chinese to build it. After it was all done, no one knew what to do with the Chinese that were left in the coun try and the incoming ones. So Congress decided to pass the Chinese Exclusion Act, which permitted the Chinese entering the US starting from 1882. Congress passed the National Origins Act in 1924 because of the crazy amount of immigrants moving to the US. It excluded any Eastern and Southern Europeans and almost all Asians and other nonwhites from entering the US.This act instituted admission quotas by using the 1890 census to determine the population of a particular nationality group; the government then only allowed 2 percent of that population into the nation. After the Japanese hit Pearl Harbor in 1941, Franklin D. Roosevelt had issued an order to â€Å"punish† all the Japanese living in the United States. The order gave the military broad powers to ban any Japanese citizen from a fifty to sixty mile wide coastal area stretching from Washington state to California and extending into southern Arizona.The order also authorized transporting these citizens to assembly centers, or concentration camps, hastily set up and governed by the military in California, Arizona, Washington state, and Oregon (Executive Order 9066). What does it mean to be persistent? According to the modern day dictionary it means, persisting, especially in spite of opposition, obstacles, discouragement, etc. , persevering, lasting or enduring tenaciously. Walt Disney was seen as determined and hard working, never giving up, and always having faith.His views and visions came from the fond memory of yesteryear, and persistence for the future. Disney’s brothers, Roy and Raymond, had gone off to war and although he was too young to enlist his parents insisted on him not going to war. So he forged his parents’ signature on a passport to go over to France as part of the Red Cross Ambulance Corps (Cole, 21). This particular action shows that Disney would not take no for an answer. He wanted to help out, so his determination showed the most during this event in his life.After completing a set of his 1st cartoons, and working every night in his garage with a borrowed camera, he sold his first set of cartoons to a local theater in Kansas City, Newman Theatre: Newman Laugh-O-Grams† (Cole, 25). His 1st production of Alice in Wonderland had failed, so he started working on his other cartoons but when his first animations company had failed, declaring bankruptcy in the spring of 1923, he had asked Margaret Winkler, who was previously interested in Alice in Wonderland, to distribute the money in the creation (Cole, 28).Although there was a nasty court case after, Disney focused on the positives and kept on moving forward. After his bankruptcy in New York, Disney moved to California, but he was simply too young and inexperienced. So he started the same business as he did in Kansas City and started advertising his cartoons. At first, he had trouble-finding buyers, but finally he sold a serious to a local theater (Cole, 30). His life motto, â€Å"Keep Movin g Forward† was included in a Disney creation of â€Å"Meet the Robinsons† to show Walt’s persistence and optimism.It meant to never stop, never give up, and just to â€Å"Keep Moving Forward†. This motto also shows that Disney chose to stay positive. He was never pessimistic and tried his hardest to give his all. He worked hard and even after having failed attempts at starting his own animation company, he never gave up and just kept on going. All of his hard work paid off, and we can see his magnificent work and amazing determination today. When you think of America, what is the first thing that comes to mind? First man on the moon, the hunt for Osama bin Laden, the Apollo Program, and the struggle during the Cold War perhaps?All those things were achieved by America because, America always needs to be the best of the best and beat everyone in anything. Russia sends in a man in space, America tries to override it by sending rockets in space and trying to land on the Moon. The Apollo Program was commenced because of this crazy race/competition going on with the U. S. S. R. The program was designed to land humans on the surface of the Moon. Six of the missions completed their task by landing on the moon, while the others only orbited Earth’s surface. This shows how hard America tried to get someone on the Moon, in which they succeeded (Williams).The first man on the Moon was the result of the Apollo Program. The legendary man’s name was Neil Armstrong. As spacecraft commander for Apollo 11, the first manned lunar landing mission, Armstrong gained the distinction of being the first man to land a craft on the moon and first to step on its surface. After the tragic events of 9/11, there was a hunt to find the leader of the Al-Qaeda. After a crazy and hectic search for Osama bin Laden, the elite American forces had found him in a custom-built hideout, not far from a Pakistani military academy. It was long believed that he wa s hiding in caves around the world.His body was quickly buried at sea with a stunning finale to a furtive decade on the run (Osama bin Laden). Despite the inconclusiveness of the Korean War, the existence of Cuba as a Soviet satellite 90 miles from Florida, the draft dodgers and Weathermen terrorists, despite the American retreat from Vietnam, the Watts riots of 1964, the Watergate, the humiliating 1979 occupation of the U. S. embassy in Tehran, from 1947 to 1989, the U. S. successfully contained and defeated the Soviets in the Cold War's long and tedious struggle (Bay). That took extraordinary persistence.It took resilient, adaptable, creative and able military and security services. But most of all it took the basic, consistent support of the American people. The ones, who go to work, pay the bills; wear the police and military uniforms. And as John Kennedy once said â€Å"bear any burden †¦ to assure the survival and the success of liberty. † (Bay). â€Å"It all star ted with a mouse† is what everyone says about the Disney franchise. If you think about it, Disney had drastically changed our lives. Walt Disney can be described as catalytic, which means to be relating to or causing or involving catalysis; â€Å"catalytic reactions†, revolutionary.The Disney franchise is a big part of American culture. Kids would do anything for tickets to one of the theme parks. Florida is the top tourist city in America and the only reason it is, is because of the Disney theme parks. Just like America has affected the world with its charm and magic, so has Walt Disney. We celebrate his birthday and his accomplishments every year. His legacy will remain forever. Walt Disney has affected our generation so much and it all started when a mouse character appeared in his series of cartoons, â€Å"Oswald†.When Steamboat Willie opened at the Colony Theater in New York on November 18, 1928, Walt knew that he created something that will change the whole world (Crafton, 5). It signaled the beginnings of animation history. Most people credit Walt Disney as the one who started the animation history, however some critics say that animations have been around since late 1800s (Crafton, 6). If you travel to any country abroad, everyone would know of America as these â€Å"cowboys† who run around with lassos, on horses, chasing Native Americans. That, dear readers, is the magnificent influence of America all over the world.Although everyone sees Americans as these fat, lazy, stupid human beings who eat McDonalds and watch television everyday, Europeans, Asians, Indians, Africans, etc. , praise the United States. Believe it or not, American culture has been so influential everywhere, that everyone wants to live in the US. The culture and entertainment are huge aspects of the influence that America has had on these second world, third world, and even first world European countries. There are KFC’s, McDonalds’, and other â€Å"typical† American fast food restaurants all over the world.America is so powerful, that the celebrities, movies, and any television shows are shown in, almost, every country in the world. Entertainment and culture are not the only features that America has brought over to the rest of the world. After the all-known Revolutionary War, War of Ideas was going around the world. And what it was is that, all the countries that were ruled by kings and queens were starting to ponder upon their rulers. They wanted independence and freedom of speech. The French Revolution that happened shortly after America gained independence from Great Britain can prove that.Now all these countries were starting to revolt because they thought if an underdog, like America, can defeat and break away from a powerhouse, like Great Britain, so can they. To be the quintessential is to be the essential part of something. Walt Disney is indeed the essential whole of everyone’s lives. America and Walt have both been persistent, catalytic, and prejudiced to the world. And although they’ve been the bad guys sometimes, they have tremendously affected the whole world by their great determination and willpower.They have done great things like the Apollo Program, creating Mickey Mouse, landing a man on the Moon, leaving a tremendous legacy behind, etc. And as Ralph Waldo Emerson once said, â€Å"To be great, is to be misunderstood † (Emerson) Works Cited Bay, Austin. â€Å"RealClearPolitics – In Praise of American Persistence. † RealClearPolitics – Opinion, News, Analysis, Videos and Polls. Creators Syndicate Inc. , 3 May 2011. Web. 11 May 2012. . Bell, Elizabeth, Lynda Haas, and Laura Sells. From mouse to mermaid: the politics of film, gender, and culture.Bloomington: Indiana University Press, 1995. Print. Cole, Michael D. Walt Disney: creator of Mickey Mouse. Springfield, N. J. , U. S. A. : Enslow Publishers, 1996. Print. Crafton, Donald. Befo re Mickey: the animated film, 1898-1928. University of Chicago Press ed. 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