...The Commerce Clause: Protector of Trade or Tool for Expanding Government Power? Ever since its inclusion in the Constitution, the Commerce Clause, along with the Necessary and Proper clause, has been a source of debate and contention. Indeed, there were over 1400 cases filed with the Supreme Court challenging its application before the 20th century alone. With the passage of the controversial Affordable Care Act, the Commerce Clause was brought once more to the forefront of national attention. The Obama administration, and other prominent voices on the Left, claim that the clause itself gave them broad powers of control and regulation. Those on the Right claim that the clause was put into place specifically to limit the influence of the Federal government on the power of trade between the states. The question is clear: does the Commerce Clause truly grant unlimited power to expand the Federal government through regulation, or has it been abused by those in the Federal government off and on since its inception? I will attempt to answer this question by examining first the Clause itself, the Federalist Paper written by James Madison (the father of the Commerce Clause) and then the Supreme Court cases which have called it into question. Let us begin by examining the wording of the Commerce Clause (along with the Necessary and Proper clause) itself: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the...
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...three years later by beginning to operate his own two ships on the same route. Ogden believed that he had the right to control the route because he had received the franchise from Fulton and Livingston. Gibbons, instead, justified his routes based on a separate federal license he obtained in coastal trading. Ogden sued Gibbons to force him to stop operating his steamship route. This case was argued by some of America's most well known...
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...Based on the marginal utility theory to analyze students’ demand for… 1. Introduction:.….…………………………3 1.1 Origin of Marginal Utility Theory………………………….3 1.2 Development of Marginal Utility Theory…………………..3 2. The analysis of marginal utility theory...4 2.1 The definition of marginal utility theory………...…………4 2.2 The understanding of marginal utility theory………...……5 2.3 The main influences on marginal utility……….……………5 2.4 The paradox of water and diamonds………………………..8 3. Discussion on marginal utility theory….8 3.1 The limitation of marginal utility theory………………….8 4. Conclusion………………………………..9 5. Reference………………………………..10 1. Introduction 1.1 Origin of Marginal Utility Theory The origin of marginal utility theory can date back to Aristotle. It is widely considered that Aristotle was the first man to bring forward the idea of value in use. He pointed out that goods gain their value from personal utility, scarcity and costs. And an increase in a specific good will bring an decrease in value and the value can even become a negative one. This is the original form of the principle of diminishing marginal utility. The term marginal utility was first used in this connection by the Austrian Wieser. (Marshall Alfred 1920 Principles of economics chapter Ⅲ.Ⅲ ,p14) Adopted by Prof. Wicksteed, it corresponds to the term Final used by Jevons. His list of anticipators of his doctrine is headed by Gossen...
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...Effects of offshore drilling Offshore drilling also known as Seaward boring is a topic that has brought controversy for a few decades, the drilling in United States coast has been detrimental in helping the economy and political stand in the country; however this process is extremely dangerous to the environment, individuals and animals, Case in point, the oil slick in the Gulf a couple of years prior significantly harmed nature and marine life Boring ashore is an immense extend in itself in addition to endeavoring to penetrate a mile under unpleasant oceans in a dark pit. Seaward boring is a serious and perilous process that takes exactness and time. Oil wells are regularly high rise size articles many feet beneath the surface. They are greatly mind boggling structures and the scarcest misstep might be annihilating to nature's turf. When boring can start, exploratory wells are situated up to discover the accurate oil gushers. When a spot is found with a sufficient measure of oil, a subsea boring format is placed set up to guide out where the parts of the well ought to be spotted. In the following step, a drill string, which join from the beginning the stage, is utilized to make gaps in the sea depths. At the point when the opening is profound enough, metal channel packaging is situated up around the dividers of the gap to stabilize it. Finally, a conductor funnel is placed set up to keep spillage from the openings. When petroleum is hit, preparation packaging is established...
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...Due February 9, 2012 The Dictionary of Bible and Religion William H. Gentz The Dictionary of Bible and Religion is an expanded Bible dictionary to include information from four other areas of religious knowledge: the history of Christianity, Christian doctrine, world religions, and contemporary religions. The dictionary is lay-oriented, arranged alphabetically of religious information. Entries vary in length with over 2,800 religious subjects. This dictionary has an extensive cross reference if interested in finding information on related subjects; if duplications of material are needed the reader is referred to another entry. Words in capital letters indicate that there are separate entries for those subjects. You can also “compare” or “see” references at the end of some entries as well as a For Further Study section of other sources of information at the end of the book. The majority of the 28 writers are teachers or experts in the field they are writing about, there was a conscious effort to keep the language easy to read and understand, avoiding technical and complicated terms. Foreign languages are translated when possible. 2 The dictionary is focused on, but not limited to, Protestant, Catholic, Christianity, but also includes articles on Jewish and other non-Christian traditions. It also incorporates liberal and conservative viewpoints from churches and other denominations. This is titled dictionary rather than an encyclopedia or handbook...
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...Alexander, Margaret A. (1999). Sexual Offender Treatment Efficacy Revisited. Sexual Abuse: A Journal of Research and Treatment, 11 (2), 2, 101-116. Alexander Jr., Rudolph. (1993). The Civil Commitment of Sex Offenders in Light of Foucha v Louisiana. Criminal Justice and Behavior, 20 (4), 371-387. Annon, Jack S. (1996). Treatment Programs for Sex Offenders. American Journal of Forensic Psychology, 14 (2), 49-54. Cheit, Ross E. & Goldscmidt, Erica B. (1997). Symposium: The Treatment of Sex Offenders: Child Molesters in the Criminal Justice System: A Comprehensive Case-Flow Analysis of the Rhode Island Docket (1985-1993). New England Journal on Criminal and Civil Confinement, 23, 267. Colorado Department of Corrections. �State Sex Offender Treatment Programs: 50 � State Survey.� Online. August 2000. Available http://www.doc.state.co.us/admin_reg/PDFs/SO-report-send2.pdf Edwards, William & Hensley, Christopher. (2001). Restructuring Sex Offender Sentencing: A Therapeutic Jurisprudence Approach to the Criminal Justice Process. International Journal of Offender Therapy and Comparative Criminology, 45 (6), 646-662. Geer, Tracey M., Becker, Judith V., Gray, Steven R. & Krauss, Daniel. (2001). Predictors of Treatment Completion in a Correctional Sex Offender Treatment Program. International Journal of Offender Therapy and Comparative Criminology, 45 (3), 302-313. Hanson, R. K. (2002). Recidivism and Age Follow-Up Data From 4,673 Sexual Offenders...
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...Real Property Boundaries Along Bodies of Water Rivers have been used as boundaries at least as long as civilizations have recorded their history. It is likely that before recorded history, nomadic tribes were bound by waterways. Historically, civilizations have developed on the banks of the world’s rivers for several basic reasons. Rivers create a natural defense against invasion, as well as a source of sustenance and commerce. The primary disadvantage is that a river tends to change its course. Either gradually, through erosion, reliction, and gradual accretion, or by avulsion, violently breaking through one of its banks, creating a new arm at some distance from its previous bed (1). The communities within the river valleys of the Euphrates, Tigris, Indus and Yellow, may have witnessed the first issues concerning shifting boundaries along waterways. While the laws that govern the United States are derived primarily from the common law of England, the solutions that governing bodies have arrived at concerning these shifting boundaries may be rooted along the banks of the Tiberis River of Ancient Rome. Drawing on Roman private property law and continuing through medieval and modern legal practice, common law jurisprudence and legal scholarship developed a distinction between the two processes of accretion and avulsion in order to mediate problems over a shifting river boundaries (2). Although there are references to the issues surrounding the topics contained within this...
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...In 1963, record players were like a stereo in the car that you put a record in it and music comes out. In chapter 8, Kenny calls this the ultra glide. I know you might be thinking “Hey, is this old school now? We have iPhones today and real CDs.” Well, before there was no such thing as stereos or DVD players or even the smart phones we have today. Notice how real excited Kenny and Joey are. This was a big impact because those record players were very expensive in that time and although you don’t believe it, it was very popular in that time, but of course, declined in 1980 due to the compact discs and new recording devices. Also, notice when Kenny’s mother, Wilona Watson reacts when Kenny’s dad, Daniel Watson, presents the record player. That is when it is explained that the ultra glide was super expensive. Of course, the cost depends on the model and what it is made of like every other thing. But this one must have cost like $50. The impact is also that in America, these were popular from like the late 1800s to the very late 1900s. Take it from Kenny and Joey. They were the ones to mention that the ultra glide was very cool. Byron was not much impressed and went in the house. Wilona is then shocked but also mad because the record player ‘cost a fortune’. Well, we have come to our conclusion of the impacts. Of course there are a lot more impacts that the...
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...Question One: the Supreme Court’s Opinion in Gibbons v. Ogden Daniel Webster who represented Gibbons argued that Congress if they really wanted to could make legislation to regulate transportation and water ways. He said that Congress power over commerce were very broad and exclusive to Congress. The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” They could regulate state monopolies, not prohibit which would make an even playing field for everyone. What that meant was the control was back in state hands and an override of statutes the conflicted with each other. States would have control over laws regarding health, safety and other public issues and laws regarding interstate but this represented states power within the federal system. Not federal power. Congress legislation would not interfere with this if legislations were enacted on a federal level. Lawyers for the state argued that if the court ruled in favor of Gibbons it would harm the internal state regulation of slave trade or abolish it altogether. Supporters, many business owners hoped for a decision that would support the power of Congress to get rid of state supported and controlled by a few rich...
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...provisions of offences. Part I covers the integrated pollution control and air pollution by local authorizes; part II covers waste on land, harmful depositing, treatment, disposal, duty of care, waste management plans, special waste hazardous and non control waste; Part IIA covers contaminated lands; part III covers statutory nuisance and clean air; Part IV covers litter; part V covers the amendment of the radioactive substance act of 1960; part VI covers genetically modified organisms and part VII covers the nature conservation(Paul,2008a). Pollution Prevention and Control Act 1999 provisions was adopted in England and Wales this legislation is aim to implement the council directive 96/61/EC on integrated pollution prevention and control (IPPC) requiring EU member states to introduce regime for prevention, reduction and control of emissions and other activities that are capable of causing any environmental pollution in the region. Under the PPC regulations there are three distinct regimes which include part A(1) covers installations for sites regarded as potentially more polluting and emission to air, land and water activities. Part A(2) covers sites regarded as lesser polluting activities but considered to have impact on the environment. Part B covers sites with activities for which emission to air is only considered (Paul, 2008b). 1.2 Environmental Agency (EA) The Environmental Agency (EA) was established under the environmental act of 1995 a non departmental public body under...
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...Motivation. (People in organisation). There is no doubt that everyone has a different set of motives, which relate with personal needs and it manages the human behaviour. Moreover, as Daniel Pink (2009) stressed people also need acceptance, recognition, and self-esteem. In other words, he mentioned three basic human needs: acceptance, mastery, and purpose, which have a powerful influence on individual attitude and performance. What is motivation? Reece (2014) defines motivation as the influences that account for the initiation, direction, intensity, and persistence of behaviour. In addition, psychologists notice four main categories, which include the number of possible motives. Among them are physiological factors/motives (need for food, water, and etc.), emotional factors (love, hate, fear, panic, and etc.), cognitive factors (personal beliefs, perceptions of the world), and finally, social factors (family, friends, media and other social forces). The motivation is two-dimensional; as a result, it could be internal/intrinsic or external/extrinsic. Through motivation I have achieved many different goals in my life, and still continue the developing of this the vital skill. That is to say, motives have been driven constantly my behaviour and a discussing of basic five characteristics of those motives with different theories, and at the same time using my life experience as an example, may be useful for the comprehending the sophisticated nature of motivation. Of these...
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...GLOBAL SUPPLY CHAIN MANAGEMENT MO255 NIKKI WONG XIAO XUAN NORTHUMBRIA UNIVERSITY (2897 Words) Executive Summary The objective of this report is to develop Singapore as a premier global hub port and international maritime centre, and to safeguard Singapore strategic maritime objectives. Research for this report includes evaluating the application on Lean and Total Quality Management (TQM) in logistics and supply chain networks to achieve Maritime Port Authority (MPA) objectives such as quality of service, competitiveness, reliability and efficiency. The major findings shows that lean implementation improves processing times achieving more work in less staff time and bringing services up to standard. (Radnor, Walley, Stephens, & Bucci, 2006). It also changes the focus of management from optimizing separate technologies, assets, and vertical departments to optimizing the flow of products and services through entire value streams that flow horizontally across technologies, assets, and departments to customers. Lean helps to eliminate waste along entire value streams, instead of at isolated points, creates processes that need less human effort, less space, less capital, and less time to make products and services at far less costs and with much fewer defects, compared with traditional business systems. Also, it requires keeping far less than half the needed inventory on site, results in many fewer defects and produces a greater...
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...R. Williams Construction v OSHRC Rachel R. Taylor Strayer University Business Law -510 Dr. Laqua Perkins June 1, 2014 On September 19, 2002, a trench collapse at a sewer-construction project at the Chumash Casino Project in Santa Ynez, California, killed Jose Aguiniga, a Williams employee, and seriously injured Adam Palomar, another Williams employee. On the day of the collapse, the trench was ten to twelve feet deep and between three and four feet wide at the bottom. The trench was about thirteen feet wide at the top and more than forty feet long. The sides of the trench rose vertically from the bottom for approximately five feet, after which they sloped backwards at about a forty-five degree angle. An earthen slope at the west end of the trench provided the workers' only access to and egress from the bottom. Ground water seeped into the soil continuously. Williams used a number of submersible pumps to remove the ground water that seeped into the trench. Although the pumps could be pulled up and cleaned from the top of the trench, it was the practice to do so from inside the trench. Adam Palomar and Jose Aguiniga, two Williams’s employees, were generally responsible for cleaning the pumps and did so as needed throughout any given workday without receiving specific instructions. On the day before the accident, a hydraulic jack shoring system, which supported the trench wall, had been removed. On the day of the accident, Palomar and Aguiniga entered the...
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...achieve the purpose or object of the Act” (s 15AA AIA) i. Extrinsic materials 3. More information? c. Seek reasons ii. ADJR s 13, 13A; AATA s 28; Migration Act s 430; AIA s 25D; L&B Linings d. FOI Application 4. Is internal review by an agency available/suitable? 5. Do you require tribunal review? e. Need: iii. Independent statutory right to obtain review (no common law right to MR) – AAT Act ss 25, 29 iv. Standing 1. Interests affected by the decision (AAT Act s 27(1)) or if applicant organisation/association, decision ‘relates to a matter included in the objects or purposes of the organisation or association’ (AAT Act s 27(2), (3)) v. Basis to argue for a different outcome on the facts f. Can only be challenged on error of law (JR) g. Broad, flexible powers vi. Not bound by rules of evidence – s 33(1) vii. Reviews decision in accordance with facts and circumstances at date of review 2. Reviews decision afresh as if original DM (de novo) viii. No side bears onus of proof (McDonald) ix. Balance of probabilities standard of proof applies (Epeabaka) x. Can seek out material/arguments for itself (s 38; Re Greenham) h. Orders (s 43(1)) xi. Affirm decision xii. Vary decision xiii. Set aside and either substitute or remit for reconsideration along with recommendations ...
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...|Cornell Notes | | |Lecture, reading/chapter/novel/article during |Name: Jaylyn Bercier | |class, power point, movies (if need to collect | | |info.) |Class: Mrs. MyerPeriod: ________ | | | | |Topic:____8TH grade history |Date: 46:20 | |_________________________________________ | | | | | | | | | | ...
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