Unanimous Jury Verdicts Essay Example | Topics and Well Written Essays - 250 words

Unanimous Jury Verdicts - Essay Example In common law jurisdictions, criminal verdicts must be unanimous in order to acquit or convict according to the North Western University journal (1972). The jury must arrive at an undivided opinion. Originally, the Supreme Court held unanimity as an essential feature of trial by the jury, however, in recent years, there is growing discretion in the states. In Apodaca v Oregon (1972),and Johnson v Louisiana (1972),convictions were reached on a less than unanimous vote, ten to two and nine to three respectively. In Ballew v Georgia (1978), Justice Powell reiterates that the fourteenth amendment did not impose the same requirements for juries on states that the sixth amendment did on the federal government. A recent article examining the effect of eliminating this unanimity rule concludes that, there may only be a small range of evidence in which its effects consistently appear, that is, when the prosecution/plaintiff’s case is not particularly weak or strong (North Western University, 1972). This discussion therefore makes a strong argument on the circumstances where the jury’s verdict must be unanimous in the united states and in common law traditions. On the same vein concludes that, not all state verdicts have to be unanimous, with the two cases manifesting the jury.

How does Alexis De Tocqueville fail to see that the unequal Essay

How does Alexis De Tocqueville fail to see that the unequal accumulation of wealth resulting from Capitalism cannot be fully con - Essay Example He was from egalitarian society not the newly formed capitalist society, so this could justify why he had a blind spot concerning capitalism and could not redress the challenges of industrial commercial system on the democratic system that strives towards the equalization of social conditions. Discussion Tocqueville ideas have had extensive impacts on the concept of penance and crime, equality and democracy. His historical background immensely influenced his democracy theories. Equality of conditions is the main point of focus of Alexis Tocqueville theories. He suggests that parity is fundamental to democracy, and absence of parity caused crime. His opponents use this dependence on the concept of equality as the central weakness. For instance, Tocqueville failed to recognize that unequal wealth accumulation resulting from capitalism could not be controlled in a democracy, which meant to have socially equalizing tendencies. The equality of situations denotes a social state where one p erson’s influence over another –based on the aristocratic regime- is substituted with the egalitarian notion of individual consent. In these conditions, the act of each has two main reasonable basis, public will and personal will. The triumph of consent over the impact and the advancement of human autonomy closely connected to it have critical, political and social impacts, leaving little as it was1. Alexis Tocqueville felt religious terror, when he examined the inspiring power of this historical transformation, which he observed as providential and in agreement with humanity, therefore, his examination of the democratic world somehow is an attempt to explore his fear. Tocqueville argues that, â€Å"intellectual life would be changed by democracy, just like the passion of men† p 230. In addition, under pressure from autonomy of individuals, views would be generalized, mores softened. Therefore, public view translates to the central, influential voice. Whereas in dividual rights controls, men’s live, the ends of man heeds into neglect. Similarly, the moral life’s content is emptied from the vessel of democracy. The desire for equality, essential to democracy, overwhelms all other concerns, and starts its powerful battle to eradicate the inherent inequalities of people. It is possible to recognize the modern society in Tocqueville’s views. What critics stress in Alexis works is the tragic, and, in fact, paradoxical, recognition that democracy is extremely natural to human beings and, if not controlled, detrimental to human nature. Allowed free dominance, this desire for equality- an egalitarian instinct- restricts democracy itself, in various ways. For instance, it limits democracy by paradoxically rebuilding a natural state, originally elaborated by critical thinkers such as Plato, Marx and Hobbes as the pre-civilized situation at the centre of democratic civilization. In addition, its spreads envy, destructive of any sy stem; and finally, by gathering the natural autonomies of virtue and reason. Even though, Tocqueville recognized the aristocratic rule to be unfair, as it was anchored on an unnatural principle of familial autonomy, its hierarchical order still preserved room for principles transcending the individual will. The

Dark Chocolate Essay Example for Free

Dark Chocolate Essay (NaturalNews) Ongoing research shows that eating dark chocolate exerts beneficial effects throughout the whole body. High quality chocolate delivers disease-zapping antioxidants, lowers blood pressure and protects your heart and liver, all in one fell crunch. Chemistry Central Journal brings even more good news for chocolate lovers, stating that dark chocolate contains more flavanols and polyphenols than fruit juice. Cacao seeds are a Super Fruit providing nutritive value beyond that of their macronutrient composition, said Dr Debra Miller. Chocolate and Blood Pressure The important thing is that the antioxidants in dark chocolate can significantly reduce blood pressure in patients with hypertension. According to researchers from the University of Adelaide, flavanols promote vasodilation, which may consequently lower blood pressure. There have, however, been conflicting results as to the real-life effects of eating chocolate. Weve found that consumption can significantly, albeit modestly, reduce blood pressure for people with high blood pressure but not for people with normal blood pressure. added Dr Karin Ried, who is program manager and research fellow of the PHCRED (Primary Health Care Research Evaluation Development) program at The University of Adelaide. The analysis concluded that the pressure reduction caused by chocolate consumption was comparable to the effects of 30 minutes of daily physical activity. Chocolate and Cirrhosis There are also potential benefits for liver disease patients. Spanish scientists found that eating dark chocolate lowers blood pressure in the liver and reduces damage to the blood vessels of patients with cirrhosis. A study which was presented at the International Liver Congress 2010 divided 21 cirrhotic patients with end stage liver disease into two groups. The first group received liquid meal containing dark chocolate, while the participants in the second group were getting liquid meal with white chocolate devoid of anti-oxidant properties. As a result, the patients receiving dark chocolate experienced a noticeable reduction of post-prandial increase in blood pressure in the liver. one Square Is Enough. However, it is not necessary to eat huge quantities of chocolate in order to experience all the health benefits. In fact, just one small square a day may be enough to experience the health benefits chocolate is offering. A study performed in Germany that compared 19 357 individuals found that those who ate the most amount of chocolate (an average of 7. 5 grams a day) were at a 39% lower risk of developing a heart attack than people with the lowest (1. 7 grams) chocolate intakes. To put things into perspective, the six grams of difference are the equivalent of one small square of a typical 100g chocolate bar. Our hypothesis was that because chocolate appears to have a pronounced effect on blood pressure, therefore chocolate consumption would lower the risk of strokes and heart attacks, explains Dr Brian Buijsse from the German Institute of Human Nutrition, who led the research. Small amounts of chocolate may help to prevent heart disease, but only if it replaces other energy-dense food, such as snacks, in order to keep body weight stable.

Hutchinson-Gilford Progeria Syndrome Genetics

Hutchinson-Gilford Progeria Syndrome Genetics Progeria is a rare, fatal, sporadic, autosomal dominant syndrome that involves premature aging, generally leading to death at approximately 13 years of age due to myocardial infarction or stroke. The genetic basis of most cases of this syndrome is a change from glycine GGC to glycine GGT in codon 608 of the lamin A (LMNA) gene, which activates a cryptic splice donor site to produce abnormal lamin A; this disrupts the nuclear membrane and alters transcription. Mutations in the Lamin A: To date, models have been proposed to explain how mutations in the lamin A gene could lead to HGPS, structural fragility and altered gene expression. One model links HGPS to stem cell-driven tissue regeneration. In this model, nuclear fragility of lamin A-deficient cells increases apoptotic cell death to levels that exhaust tissues ability for stem cell-driven regeneration. Tissue-specific differences in cell death or regenerative potential, or both, result in the tissue-specific segmental aging pattern seen in HGPS. Children born with HGPS typically appear normal at birth, but within a year they begin to display the effects of accelerated aging. Typical facial features include micrognathia (small jaw), craniofacial disproportion, alopecia (loss of hair), and prominent eyes and scalp veins. Children experience delayed growth and are short in stature and below average weight. Due to a lack of subcutaneous fat, skin appears wrinkled and aged looking. Other key abnormalities include delayed dentition, a thin and high pitched voice, a pyriform (pear-shaped) thorax, and a horse riding stance. As they mature, the disorder causes children to age about a decade for every year of their life. This means that by the age of 10, an affected child would have the same respiratory, cardiovascular, and arthritic conditions as a senior citizen. On average, death occurs at the age of 13. HGPS vs. Inheritance HGPS had been proposed to be a recessive disorder due to observations of affected individuals found in consanguineous families. However, many cases of progeria were also observed in families in which the parents were not related, suggesting sporadic autosomal dominant inheritance, which has been confirmed with the discovery of the causative mutations. Others have reported the presence of various chromosomal abnormalities, such as an inverted insertion in the long arm of chromosome 1, as possible contributing factors to the disease. These cytogenetic clues proved to be critical for discovery of the HGPS gene. HGPS vs. Genetics After many years of appreciating that HGPS was caused by genetic rather than by environmental factors, researchers took the first steps in isolating genetic mutations that cause HGPS. A team centered at the National Human Genome Research Institute in Maryland, under the direction of Francis Collins, initiated their search with a genome-wide scan. Using 403 polymorphic microsatellite markers, the investigators found no evidence of homozygosity in 12 individuals with classical HGPS. However, two individuals showed uniparental isodisomy of chromosome 1q, and one had a 6Mb paternal interstitial deletion in 1q. From this observation, the investigators concluded that the HGPS gene must lie within a 4.82Mb region on chromosome 1q. This region contains approximately 80 known genes, including Lmna. Lmna and Types A-type and B-type lamins (Type V intermediate filaments) are the main components of the nuclear lamina, the innermost layer of the nuclear envelope. The nuclear lamina in mammalian cells is a thin (20-50 nm) protein meshwork that interacts with various proteins and chromatin and is essential for maintaining the structural integrity of the nuclear envelope, the protective barrier between the cytoplasm and nucleus. Cell studies of HGPS patients Immunofluorescence studies with antibodies against lamin A/C were performed using fibroblasts from HGPS subjects and their parents. The results showed structural nuclear abnormalities in 48% of HGPS cells compared with

Essays --

International business it is combination business across national boundaries which has different region of export, licensing, franchise and foreign direct investment (FDI). FDI is an investment to acquire international business ventures and it’s also requiring a lot of commitment in term of sources that could bring socio economic growth to that country. Furthermore, FDI flows facilitate the acquirement of intangible assets and valuable tangible, in which FDI brings a positive value toward assets transfer, improve productivity and merchandise quality. This entry could bring positive factor to economic growth when the basic factors are been fulfilled such as competent human resource exists. In the recent studies shows that FDI inflow and economic growth has a positive correlation in shorter view. In to that extent, the acknowledgement of the FDI could influence several of channel such capital and overcome liquidity and have even largest channel in long term view however it can’t be undetermined if it’s will have positive correlation for long term situation. The intervention of Multi-National Corporation (MNCs) will be great sources for foreign direct investment which could predict the increases of the FDI flows in future. The Combination MNCs and FDI channels in the market could lead in accumulated sources and just MNCs itself enough could give high impact on operational structural to the country. The positive impacts cause for the both combination it is capital accumulation, balance of payment, international network, human capital, financial system boost and supply technology, knowledge and capital. On part capital accumulation, when the host country has the low saving rate but it will sufficient for them as long that it investment... ...atistical Institute on electronic data distribution system of the central bank of the republic of turkey. The resulted from the studies shows the Granger causality analysis state there is no causal relation between an increase in FDI and increase in the GDP in the short run. Accord to the OLS result there is possible result FDI inflow have positive impact to GDP growth. But the positive effect was shown aren’t has no significance to its. Further on, FDI in Turkey does not lead any growth in the GDP volume. FDI enter as privatization processes not as a substantial source of economic growth. Beside that there is also no correlation between FDI and GDP neither in short run or in long run. Moreover, this aim cannot achievable as with the old dated application and also Turkey hasn’t able to gains any positive inflows from the FDI to its economical potential and growth.

Essay --

The older person’s population has increased substantially in Malaysia over the past several years. In 2000, 6.3% of the total population are older persons and was increased by 6.6% from the total population in 2005 (DOSM, 2005). The number of older persons by 2020 is projected to be 9.9% and 11% by 2025 (DOSM, 2008). This may keep on increasing for the following years due to the low rate of birth and death, which has resulted from the success of reproductive health care services (Rabieyah & Hajar, 2003). Being an older person was being viewed as a time of inevitable disease and frailty. Government and public health sectors would be enormous if the onset of disease and functional limitations could be postponed, since this group of population is more likely to be poses challenges such as increased vulnerability to disease, high medical cost, requirement for long term care and burden to the family members (Sjolund, Nordberg, Wimo & von Strauss, 2010; Nakasato & Carnes, 2006). In the scope of aging, falls are a major health problem for older person, with 30-35% of those who live in the community falling at least once a year (Granacher et al.,2011, Rubenstein and Josephson 2002). This situation is about three times higher in institutionalized older persons than those in the community (Cameron et al., 2010). Falls and fall-related injuries are a common health care problem, and represent important causes of morbidity and mortality in older populations. About one in three older persons who living in the community, will experience at least one fall each year, of which roughly half results in an injury (Masud, 2001; Rubeistin, 2006). There are several different causes for falls in older persons particularly involves psychological conditio... ... a study because it broadens results and therefore gives a better representation of the population as a whole. This study only studied on Malays races, which represent a major race in Malaysia. Unfortunately, this might contribute to bias and non-beneficial for other races. Future studies should involve a larger number of races and randomization. CONCLUSION An older person is a special challenge from the standpoint of exercise prescription due to the usual presence of balance disorder and fear of falls with their physical limitations. However, participation in physical activity and exercise will go a long way in preventing complications and extending the years of independence living. A combination of the behavioral program in exercise training is a great and cost-effective especially in managing older persons to improve their life and towards a successful aging.

Lincoln Electric Case Essay

Lincoln Electric Company in the year 1895. The first products that the company produced and sold were electric motors that he had designed himself. A Few years later, in 1907 his brother James, a recently graduate from the Ohio State University, joined as a senior manager; He was also the one who would introduce different and very innovative human resource policies over the next few decades. These policies included things like employee stock ownership, the creation of an Employee advisory board, as well as piecework pay. Most of these ideas were later adapted as standard US wide practices. The Welding business, which not really was one of the main focuses of the Lincoln Electric Company, became the main source of income by 1922. Welding which a special technique of -under heat – bringing together different sources of metals. It is used for basically most of the industrial areas, from pipeline manufacturing to petrochemical complexes. From 1986 onwards, the company pursued a course of extensive internationally expansion. This was started already way earlier in 1933 first, with the establishment of the Lincoln Electric Company in Australia and in 1953 with its expansion to France. However, from the mid 1980s onwards, Lincoln Electric expanded its manufacturing operations into 16 countries. This expansion peaked in 1995, when the company reached the $1 billion in sales the first time. It was also the year Lincoln began to trade its shares on the American stock market the NASDAQ. By 2005 it became the worlds leading manufacturer in the welding industry. Nowadays, (Dec. 31 2010) Lincoln Electric has net sales of $ 2,070 million. Why go abroad? As the Lincoln Electric Company’s idea and concept proved to be successful in the US from the 1930s onwards, it also operated outside of the country. Due to its success in its home market, the companies’ management was able to first gain enough market knowledge in order to enter new markets were a certain proficiency is required. Nevertheless, as markets and industries around the world differ in to each other (e. g.consumer tastes) the best idea was for Lincoln Electronic to first enter a market were the so-called â€Å"Psychic Distance† is not so high and less uncertainty. Therefore Australian was chosen, as this is psychological wise not so far from the Home / US American market. This phenomenon can be seen in the Uppsala Model. It includes four different steps, from first acquiring experience in the home market to wholly owned international operations. This will be explained in more detail later. However, as we can see in the Lincoln Electric case, the company first gain sufficient knowledge in their home market and later expanded internationally. But step by step further away (political, language and culture wise) from its home market. Uppsala Model Looking at the process of internationalization of Lincoln Electric, most of the facets of the Uppsala Model can be identified. So, this entry mode theory is most applicable in our opinion. In this section, we will elaborate upon the internationalization of Lincoln Electric while applying the stages of the Uppsala model. During the first stage companies tend to solely gain experience of their domestic markets. In the case of Lincoln Electric, it can be stated that it mainly focused on becoming the leading manufacturer in the United States. Core competencies are most important for the success of an MNE and for all companies those core competencies are their higher-order firm specific advantages (FSA’s). In this first stage of the Uppsala Model we will try to recognize all the FSA’s of Lincoln Electric. The first FSA is the company’s human resource policy, in which many facets can be recognized that provide productivity advances and which results in a variability of 60 percent of the personnel costs. Those facets are performance-based rewards, employee stock ownership, a piecework payment system, and bonuses based on company profits. Another FSA is that the company cuts costs in acquiring personnel, and simultaneously keeps holding a very well experienced and integrated workforce by building trust among the employees with policies like an employee advisory boards, employee suggestion systems, annuities for retired employees, group life insurances, and a no-layoff policy. The third recognized FSA is the company’s R&D program; this program is the most aggressive, comprehensive and successful in the welding industry. This FSA led the company in new market introductions and quality performance. Fourthly, an important FSA for consumer relations is the ability to provide full welding solutions. The company is able to provide this due to the fact that it manufactures both arc welding equipment and consumable products. Summarized, the core competencies which provide the company with competitive advantages are the ability to cut personnel costs, the highly trained technical sales force, and the ability to provide excellent service for customers. The second stage in the Uppsala model states that the firm begins to operate abroad in a nearby market, and then slowly penetrates far away markets. When applying this to Lincoln Electric, it can be seen that the company encountered its first international experience in countries such as Canada, Australia and France in the 1940’s. These countries have a small psychic distance from the United States, therefore, the market uncertainty is perceived as low. Canada, Australia and France are psychically nearby, because issues with regard to trade unions, labour practices and laws are treated similarly in those countries. Furthermore, Canada and Australia are linguistically similar to the United States, and all the previous countries are western countries, so the cultures are not significantly different. Lincoln Electric started its first major international expansion between 1986 and 1992. It then increased its presence into 15 other countries, which were acquisitions in Venezuela, Mexico, Brazil, Scotland, Norway, the UK, the Netherlands, Spain, and Germany. However, this expansion was a real failure, the company faced difficulties due to executives’ inexperience with trade unions and their lack of knowledge of labour practices and laws in other countries. The company’s aim was namely to operate the new acquisition in Lincoln USA’s image, however they learned from this experience and as can be seen in stage four, their renewed global expansion is much more improved. The third stage of the Uppsala model states that companies tend to enter markets through export, instead of using sales or manufacturing subsidiaries of their own. However, this does not suit Lincoln Electric due to the fact that it is too costly to ship welding products because of their weight. It was for Lincoln Electric and other companies in the welding industry essential to set up a local or regional production facility. Therefore, Lincoln Electric had to instantly set up sales or manufacturing subsidiaries of their own without starting with solely exporting. In the fourth stage it is said that a company establishes wholly owned or majority-owned operations only after several years of experience. This can also be recognized as being the case with Lincoln’s internationalization. In 1996 their renewed globalization strategy started. This is characterized by many joint-ventures, acquisitions and start-ups over the world. Between 1996 and 2004, many expansions have been completed. At the end of this expansion period, the company tried to gain majority or wholly ownership in many of their acquisitions and joint-ventures, because they experienced that they could not fully control their operations in the way they wanted it. Attractiveness of India One of the most significant questions in the global strategy field is how multinational firms should navigate their way through multiple and often conflicting host-country institutional environments (Ghoshal and Westney 1992, Morgan et al. 2001). This is no different for Lincoln Electric who faced some problems while expanding overseas. When crossing borders, opportunity is mostly the driving force behind the expansion. Between 1986 and 1991, Lincoln took on unprecedented debt in order to finance foreign acquisitions, mostly in Europe. They initially had a lack of international management skill, and did not take into consideration local environment in each country when expanding globally. This was caused because not all of their firm specific advantages (FSA’s) where as transferable as they had hoped. For instance the incentive system that works very well in the U. S. did not work in European countries with different working environment and ethics. Lincoln had already tried to penetrate the Asian market before landing its eye on the India. Theoretically, a country will be attractive to a foreign investor if, in investing in that country, the investor gets a return that is equal to or higher than their risk-adjusted weighed cost of capital. (Urkude and Seshanna 2008) So how attractive is India for Lincoln Electric. With assessing a countries attractiveness two main categories can be distinguished: Country Risks, Market Opportunities and Industry Opportunities. For Lincoln there is only one country risk which is corruption, for the rest India is a stable, fast growing country with a solid political system. World Map Index of perception of corruption 2009i However there are a number of market opportunities. India’s infrastructure is still underdeveloped, and therefore demand for welding products is increasing with the upcoming construction and infrastructure activity in the next couple of years. Import sales to India were up by double digits in 2006, driven mostly by orders from the pipe mill and pipeline sector, and more recently from the automotive sector. (Lincoln Electric annual report 2008) The growth of the welding industry is similar to the growth of the entire economy of the particular country, and for this reason India makes an attractive opportunity. As seen in the graph below India’s GDP has grown dramatically over the last couple of years, and it is expected the welding industry will grow among these lines as well. India’s market is quickly growing as shown in the graph on the right. Not only the population but also GDP and exports. And the one below shows that the industry sector is coming on as well. For this reason the welding industry will benefit from the economic growth and be in the lift as a lot of these new construction projects require welding consumables. Industry opportunities lie in India as well, as demand for steel declined all over the world, it grew in India by as much as ten percent. (Frost and Sullivan 2010) But India is also a highly competitive market as 56 percent of welding consumables were being produced by large firms that had developed their own technology and 44 percent was being produced by a number of small firms that immediately tried to copy the large firms, as soon as their product became available on the market. So for Lincoln to be successful, they would have to keep innovating their products and make it hard for others to copy their products. Another point of interest is that with the welding market booming, a high price would have to be paid if Lincoln would want to enter the market by acquisition. This making it difficult for new entries in the market, but the two other options which are a joint venture and building an own factory are as much appealing as an acquisition. Lincoln already had some experience with joint ventures in China, but had trouble with the joint decision making that came with it. And with building their own factory they would have to weigh off the benefit off total control towards the starting up costs of the factory. The Indian government had also granted some fiscal and financial incentives by setting up tax-free zones and increasing the foreign direct investment (FDI) percentage in the aviation and real estate sector, which could generate a high demand for welding equipment. Overall it can be said that India is a very attractive market for Lincoln Electronic if they can get into the market either via acquisition, a joint venture or by building their own factory. Advice for Management The advice we would give the managers from Lincoln Electric, to help them to continue enhancing their market share and improve their geographical dominance in the welding industry is to acquire a smaller welding company. An option, which Lincoln Electric should consider is the case of ESAB, as, mentioned in the case â€Å"In 2000, ESAB had agreed to be purchased by Lincoln Electric for 750 million plus the assumption of $300 million in ESAB’s debt. Yet Lincoln Electric decided that same year not to go forward with the acquisition after antitrust and other issues arose in the due diligence process. † Even though these plans fell through, Lincoln Electric should reconsider purchasing ESAB, since it represents 75% of revenues of its parent company Charter, which is European- based company with a large global presence. ESAB India, which is part of ESAB, is also one of the main competitors of Lincoln Electric in India. Therefore, if Lincoln Electric could dissolve the antitrust problems and other problems that arose in the due diligence process, they will be able to acquire ESAB and to double their market share. To enforce the market share dominance of Lincoln Electric globally, an acquisition with a company like ESAB would be economically profitable. Analyzing the graph below, an acquisition with Lincoln Electric and a smaller company would create a welding market dominance. This will result in other competitors being left with a smaller market share due to a much larger dominating competitor. In this case, Lincoln Electric has the opportunity to purchase ESAB or another smaller welding company due to the high profits from the profitable US market. Because of that opportunity we would advice them to purchase and expand by means of increasing their market share by purchasing a competing company.