Judicial Precedent Essay

The poppycock facts of the caseThe Metropolitan constabulary received a request from the German authorities for the issuance of a example for Mr.Rottmans extradition, a German business man, who was alleged of committing an umbrage of conspiracy to defraud in his indigenous country. Bow street magistrates chat up issued a provisional keep justify below s8(1)(b) of the Extradition numeral 1989. Mr. Rottman was tallyed in the driveway of the house, a few yard from the front door. Soon later his check off, two German polices obtained the permission from the senior police officer get to essay the house and allowd a number of articles which they took to the New Scotland Yard. Mr. Rottman then bought juridical review proceedings against the legality of the decision to enter his home and to take care for and borrow items. Divisional court found in favour of Mr. Rottman, held that the introand seem the house carried out by the German polices had been unrule-governed and hi s rights beneath Art 8 of the European Convention on Human Right(ECHR) had been snap offd. The divisional court rejected the decision in R v regulator of pentonville Prison ex p Osman 1990that the violence of inquisition and seizure by and by a rightful suffer applied to extradition cases as to a domestic help help crime. The old reciprocal lawfulness pursuant to hunt club and seizure had been abolished by gait when it is given to affect. There is no military unit either statutory or leafy vegetable law to carry out a search of premises following the arrest made pursuant to the provisional warrant executed below s8(1) under the extradition act.Ratio of the caseA regulation does non overturn a parking area law rule unless the statute makes this absolve by express provision or by make up implication. The common law male monarch would have been supplemented by but not replaced by the statutory posts in PACE. Nor was it in breach of article 8 of the ECHR as long as the search and seizure was proportionate to the rightful(a) purpose of preventing crime.The House of schoolmaster challenged the issue on general universe authority which was certified by Divisional Court that At common law, does a police officer executing a warrant of arrest issued a pursuant to section 8 of the Extradition Act 1989 have power to search for and seize each goods or documents which he reasonably believes to be material test in relation to the extradition crime in discover of which the warrant was issued?Two argument were raised per curiam 1) whether before the enactment of PACE police officer would have had a common law power to search the suspects premises when arresting him for an extradition crime under warrant and 2) whether any such common law power of search had been extinguished by PACE in that respectafter.It was a well established common law ruler that police officer carrying out arrest in or on a psyches premises could search and seize any arti cles which he reasonably believed to be material rise against him for a purpose of preserving that evidence until trial. It was further agreed that the powers to search and seize also extended to article presented in theroom where the suspect was arrested. The lords upheld Lord Dennings judgment in Ghani v Jones that the common law power extended to entire premises upon which the alleged was arrested. In support with a wider search power,Lloyd LJ gave the judgment in R v Governor of Pentonville Prison, ex p Osman1990, considered that the power of search and seizure after a lawful arrest applied to extradition cases as well as to a domestic offence.Summary of Lord Huttons argumentationLord Hutton gave the leading judgment. He rejected the argument advanced by Rottman that the power had been too widely stated by Lord Denning. He subsequently rejected the entree the existence of statutory power in s7 of 1990 Act implied that there was no common law power in extradition cases. He up held that the common law power of search and seizure was not extinguished by PACE, supplemented that it is well-established principle that a rule of the common law is not extinguished by a statute makes this clear by express provision or by clear implication. A power to seize material evidence is necessary when a suspect was arrested, it was not apply for a search warrant.In terms of the alignment of Article of the ECHR, Lord Huttons whimsy was that the common law power of search and seizure did not violate the appellants right under Article 8 of the European Convention on Human Rights. It was in accordance with the law which was intelligibly stated in Osman that the power had the legitimate aim in a democratic society of preventing crime and was necessary to prevent the disappearance of material evidence after the arrest of suspect. The power was proportionate to that aim because it was field of operations to the safeguard that it could only be exercised after a warrant of arres t had been issued by a magistrate.Summary of Lord Rodgers reasoningHe was supportive of Lord Huttons opinion that PACE does not extinguish the common law power of search of police officers executing an arrest warrant. Parliament left them deliberately with those common law powers and left arrested persons with the tally law safeguards. When the police officers in the case arrested the respondent, they were entitled to exercisethose common law powers and equally, the respondent enjoyed the safeguards afforded by the common law. The research of his house was thence lawful.Summary of Lord Nicholls and Lord Hoffmans reasoningThey both gave poor reasoning to the ruling. They largely agreed with the judgment from Lord Hutton that a where a police officer entered a house with or without an arrest warrant and arrested a suspect he enjoyed a common law power to search the house and seize any goods that he reasonably believed to be a material evidence.Summary of Lord Hopes reasoningHe diss ented the majority of ruling by Lord Hutton and others that the powers which are visible(prenominal) to police officer at common law where he is in possession of an arrest warrant. He claimed that the statutory powers under PACE were not available that in the absence of the common law power, it is unlawful that the door and search of the house violate the respondents right under the Article 8 of the European Convention for the Protection of Human Rights and radical Freedoms.He also disagreed that the extradition cases could be equated with domestic ones. He expressed that any power which the police might have did not apply to arrests on a provisional warrant for an extradition offence. Extradition required an order of the Home escritoire issued in response to a request by the foreign state. And there was no common law paper of arrest for the purposes of extradition. Also the Extradition Act granted powers of search and seizure in very limited cases.He claimed that the extraditi on always requires a request that there is no common law power entitling an officer, for the purposes of extradition, to make an arrest without a warrant.By the majority of 41, excepts Lord Hope dissenting, the appeal was allowed. The House held that the commissioner of police who had arrested a person in or on his premises, executing a warrant of arrest issued pursuant to s8 of the Extradition Act 1989 had the common law power to search for and seizeany articles which he reasonably believes to be material evidence in relation to the extradition crime.On the whole, this is a strong case as the majority of the judges held the appeal that the power of search to the police is more slopped in extradition cases than domestic cases. This in turn make a clear pictures to the commissioner of police in the region that they knows how and when to apply the rule without any ravishment to the ECHR.

Martin Luther King Jr Essay

Martin Luther baron Jr. was innate(p) in Atlanta, Georgia on January 15, 1929. He was born during a sequence when black great deal did not have the rights which they have today. He experient racial discrimination when their white neighbors refused to let him play with their boys.When he was basketball team years old his mother persuaded the first grade teacher, Miss Dickerson, to call for room for him in her class. Even though he started several weeks after(prenominal) the other children, he soon caught up with them academically and even surpassed them ahead the year was over. Miss Lemon, his teacher taught him to be independent. She taught him if there was an injustice, he could rebel, but still keep his dignity and find quiet ways to resist. She inspired her students to learn about black history and take pride in their heritage.When he was 15 years old he entered Morehouse College. After 2 years in school he decided he could lift out serve others by becoming a curate o f religion. He became assistant minister of the Ebenezer Baptist church where his father was minister. The following year he graduated from college, creation only 19 years old.He then attended Crozer theological Seminary in Chester, Pennsylvania. While he was at Crozer he began to study the teachings of Mahatma Gandhi. Gandhi urged people to not fight, but to protest peacefully. Martin saw this method of non-violent resistance as the answer to the unfair treatment blacks received in America.At capital of Massachusetts University he met Coretta Scott who became his wife. They had four children.When he graduated from Boston University he became the minister of the Dexter Avenue Baptist Church in Montgomery, Alabama.On August 28, 1963 Martin Luther King and other leaders led a march into Washington D.C. everyplace 200,000 people marched from the Washington Monument to the Lincoln Memorial. It was here where Martin Luther delivered his I keep back a Dream message.

Weight Of A Nation Consequences

In order to watch out proper as made the problem needs to be addressed and programs created to benefit the modus vivendi f Americans. It was very interesting for me to see how much of an impact the Bugaboos He art Study has had on our nation. It was the only study of its kind that was suitable to monitor or obesity from young children into their adulthood lives.Some of the statistics that shocked me were children who atomic number 18 obese are eight times more likely to crap heart disease as a n adult 77 percent of children who were obese remained obese as an adult h of cabaret are able to maintain a healthy weight pack who come from a lower socioeconomic status flummox higher(prenominal) obesity rat sees obesity increases asthma rates by 52 percent limited play space for children affects their overall health As I took the time to really designate about obesity and what is nub to America thought a lot about my family.Growing up we didnt have the greatest socio anomic status. Thither were always challenges and struggles. As a reply there are members w ho struggle with obesity indoors my family. I can look further back and can see the results of o exist generations in the past. This video really helped me to understand the some consequence s that occur due to obesity. Live that access to close food just killing lifestyle in our nation. T here was a quote that really liked from the video. Order to make a change, it has to be a co and nation outreach for change. I couldnt agree more. In order to be able to see a change think that it needs to be targeted not only in communities but as a nation. Very go d video that opened my eye to the reality of obesity.

An Analysis of “A Time For Choosing”

Millions of viewers tuned into the National Broadcasting Company television network for a special broadcast on the 27th of October. Viewers were anticipating Ronald Reagans A cadence for Choosing language. Reagan was ack at a timeledged for his acting in motion pictures and television episodes since 1937, and was now being designn in an unfamiliar role. Reagan emerged in support of the Republican campaigner Barry Goldwater. Barry Morris Goldwater was a businessman and five-term United States Senator from Arizona and the Republican Partys nominee for prexy in the 1964 election.A Time for Choosing utilizes a plethora of rhetoric expression, delivery, pathos, logos, ethos, & hyperboles. His barbarism was effective, because he utilize a number of these rhetorical techniques throughout his speech. In the beginning of his speech, he uses a unequaled style to communicate his speech. He immediately starts off with a exonerate and precise t superstar, however his salmagundi of words indicates a consciousness of concern. Reagans t wiz in this speech is sober and influential. He wants the esthesis of hearing to understand his viewpoints and how he feels about his ideas.He believes that his ideas be what will keep the country going and that these beliefs must be expressed to the auditory modalitys in the hopes of being understood. For the audience he gives them examples of how authorities interference hurts the Statesns and as well as allusions to past times such as the revolution and how the founding fathers did not want a big judicature. He sh ars that he has an uncomfort equal to(p) olfactory modality that this prosperity isnt something on which we base our hopes the futurity. Reagans ability to merge with his audience was r be and unlike many of his colleagues.Whether the topics he spoke on were always relevant to that of the listener, it did not always matter. Reagan had gained vehement communicate skills bit previously working in the acting i ndustry thus enable him to better connect with his audience. Reagan believes that the country is headed in the wrong makeion and that America has several disputes at home and abroad. Americas g everyplacenment was in an economic crisis during the time this speech was given. He knew the citizens required to hear something strong and government agencyful that promised permute for a better way of purport.A Time for Choosing was deliberative and not only informed and inspired the audience and it in addition provided America with a lighthearted source of entertainment. The style changes at the end of the speech and establishes an optimistic anticipation for the future. Reagan constructs the case for Goldwater and states in his ratiocination sentence We will keep in mind and remember that Barry Goldwater has assurance in us. He has faith that you and I encounter the ability and the self-worth and the right to make our own decisions and determine our own destiny.Reagans style expresses a clear concern for the future, yet an optimistic hope for change that he sees in Barry Goldwater. His inspirational style facilitates him to engage with the American citizens. A Time For Choosing was a fairly long speech nearly cardinal minutes. Reagan delivered his speech with no intermissions, no scene change or top executive point presentations to break the tedium of a long speech one might wonder how someone can hold the attention of an audience for such an extended amount of time. Reagan carry outd this by creating emotional change at heart the hearts and minds of his listeners.One minute he informs them that Kansas had been decl ard a depressed playing field due to financial crisis, thus tugging on the audiences heartstrings. The next minute he has the audience crying from laughter while belittling the government, saying, When the government tells you youre depressed, lie down and be depressed. Towards the end of the speech, Reagan uses repetition to emphasize a connection between himself and his audience. In the last three paragraphs of the speech, Reagan uses You and I intravenous feeding times.The use of You and I makes the audience feel included and makes them believe they bedevil the same values and opinions as Reagan does. You and I have a tryst with destiny is perhaps the most famous line from the speech. People are inspired by the speech because Reagan gives the American mass hope for their future and their childrens future. His use of repetition conveys to us that we have the ability and the lordliness and the right to make our own decisions and determine our own destiny.Repetition is a powerful rhetorical technique that Reagan exercises toemphasize unity among the American people. Reagan unploughed his audience eager for more. He would expose an issue or worry and then create a ancestor. Exposing faults within the existing government Reagan is able to crack part of the once believed solid foundation of the U. S. governme nt. He also exposes how the seediness and greediness of the government is leaking into the minds of other fellow Americans. He states situations where individual(a)s are taking desperate measures such as divorce, in ready to profit a higher salary so they can provide for their families.Reagan tells us that in that respect are ways around this and that these issues are not individual but collective. Reagan uses pathos when he mentions the recent escalation in Vietnam. He said, As for the peace that we would preserve, I wonder who among us would like to approach the married woman or mother whose husband or son has died in sulfur Vietnam and ask them if they think this is a peace that should be maintained indefinitely. Do they mean peace, or do they mean we just want to be left in peace? Reagan uses this accounting of the mourning mother and wife to relate the threat of communism to the existence of freedom.He goes on to state there can be no real peace while one American is dy ing some place in the world for the continue of us. Reagan effectively connects our need for an interventionist foreign form _or_ system of government that will challenge communism anywhere it exists in the world in order to achieve peace through an emotional story. The audience will react positively to the emotional story because they can empathetically connect to the struggles of our nations military families. Reagans use of pathos allows him to connect to his audience. It makes them understand that he has the same concerns about foreign policy as average Americans. at that place is no foundation like the rock of honesty and fairness, and when you begin to trope your life on that rock, with the cement of the faith in God that you have a real start. He depicts the image of a man who wants to see his son succeed, something that most parents share. Reagan uses logos to argue for economic conservatism. Reagan creates a prevalent sense argument about the economic reality of our na tions fiscal policy through a combination of facts, figures, and reasoning. Reagan uses logos, in order to inform Americans of the injustices set forth by the current government.By stating straight facts and system of logic such as Weve raised our debt limit three times in the last twelve months, and now our national debt is one and a half(a) times big than all the combined debts of all the nations of the world. He states that our government continues to spend 17 million dollars a day more than the government takes in. We havent balanced our budget 28 out of the last 34 long time. and now our national debt is one and a half times bigger than all the combined debts of all the nations of the world. Through common sense and facts, people clearly ac noesis that our nations fiscal policy is unsustainable.Reagan is able to effectively communicate to the American people that the nation is in dire financial straits. Reagans focus on the issues makes him seem to the people both logical a nd intelligent. An effective tool Regan uses to sell his ability is his ethos appeal. It is clear that a main goal of his speech is to portray good character. With direct description, religious and moral references, or an obvious tone thrown over a moral statement, Regan uses this appeal throughout his speech and he uses it well. A major theme in this speech entertains a concern for the prevalent direction of the nation in terms of foreign affairs.Regan weighs freedom and recourse by comparing the liberty of the United States with the ant heap of authoritarianism. He does this to paint his democratic opponents in a way that suggests a propensity of weakness. This is as if to say that if elected, his opponents would be more likely to gentle than defend against an encroaching threat. While explaining these possibilities, Regan uses an obvious tone of voice to remark and attach all of the negative aspects he explains to his opponent. This also stands to say that he would neer res ort to such weakness, thus promoting himself as one of superior character.Another interesting factor to note is that he is trying to progress a well perceived character on behalf of another person. Since he is lectureing for Barry Goldwater, his speech is intended to be representative of two people in conjunction. He straightway boasts legitimacy when he says Ive never know a man in my life I believed so unable(predicate) of doing a dishonest or dishonorable thing. This statement speaks directly of Goldwaters character but also serves as a reflectivity of his own. Reagan uses hyperbole to add some humor and laughter to his speech.Hebegins a face-to-face story in which he explains that two friends of mine were talking to a Cuban refugee, a businessman who had escaped from Castro, and in the midst of the story one of my friends turned to the other and said, We dont know how lucky we are. And the Cuban halt and said, How lucky you are? I had someplace to escape to. The United States for certain isnt the only place the refugee could have escaped to, but Reagan used the story to indicate America ideals and values. People around the world who are not as fortunate as us admire the unique combination and commitment to these values.Another hyperbole Reagan uses is when he said, government programs, once launched never disappear. Actually, a government bureau is the nearest thing to eternal life well ever see on this earth. Reagans humor not only makes people laugh, but makes them think about the expanding size and power of government. Reagans use of hyperboles showcase his ability to incorporate humor into serious issues. Humor would become a cornerstone of his oratory style cognize as the Reagan wit. Reagans speech A Time for Choosing, showed intellect and promise to the people it was also imperative to his own political career.Ronald Reagan was a wondrous person to have given this speech due to his celebrity status, his knowledge of both sides of the pol itical spectrum, and his ability to use different rhetorical appeals to speak to his audience. Reagan was able to use his rhetorical appeals to persuade the audience that the government needed to change in order to better reflect the freedoms and ideals our country was build upon. Where there was a problem he provided a solution, where there was movement he gave answer, all of this could be found in one institute and I believe he firmly stood by his claim, Barry Goldwater.A Time for Choosing or The Speech will remain powerful and memorable for many age to come. Regan makes a great argument with this speech. He applies several sound appeals to the audience and does so in a skilled manner. By reeling his audience in with a simple logical argument, and then promoting Barry Goldwater as a solution in a common sense manner, he makes it seem as if he is the obvious choice. Although Lyndon B. Johnson won the election, Ronald Regans A Time for Choosing did exceedingly well for the Goldw ater campaign and is an excellent example of argumentative rhetoric.

A comparison of the pros and cons of Hybrid cars to those of fuel-cells

A hybrid simple machine is a fuel efficient auto which has 2 motors. One is electric motor dapple the other one is a gasoline powered motor. It has in addition to these a special clay to capture braking energy store in an on board battery.A fuel- cadre car reachs electricity directly, the reaction of hydrogen and oxygen the byproduct being water. A fuel cell vehicle utilizes the electricity produced by the fuel cell to power motors at the vehicles wheel.A hybrid car has many an(prenominal) advantages they dont intent energy while idle, they also use less than gas motors at low speeds. With gas motors doing better at high speeds, it can deliver more power for a disposed motor weight. The electric motor works great at a time like rush hour and this way it doesnt produce any exhaust therefore reducing smog levels.When a hybrid reaches a speed of 40 mph, the gas motor kicks in and gives a good feeling to the driver something most car owners are looking at foe when on the highwa ys. Hybrid cars also change the battery while running.Its disadvantages will include salute and complexity. It is a new technology and the cost is high. It also has its complications since the systems have to work together. If one system breaks then it qualification affect the others thereby making it really expensive to fix.Advantages of a fuel-cell car include- low cost both in maintenance and purchase, its instruction execution and rangeas read on http//www.ucsusa.org/clean_vehicles/cars_pickups_suvs/fuelcell-vehicles.html, it is known to be a smooth, quiet and playing period to drive. They are also widely available in most part of the world. They have disadvantages as they contribute to global warming, they pollute air since they ran on pure hydrogen. My opinion is that permit there be wide admixture since we are all different and have different tastes so let the variety to chose from be available.

Computerized Thesis Enrollment System Essay

Chapter IINTRODUCTIONProject ContextThe ontogenesis in technology caused by the needs especi solelyy in condescension demonstrates that Information schema and Information Technology is essential ingredient for victor of todays interposeprises. But still, some organizations and offices used the traditional or manual dodge in managing their nurture. The Don Bosco towering School office, particularly the adjustment commission face tons of add in their perfunctory activities to the highest degree especially aft(prenominal) adjustment because of failure to seek shipway and means on how to simplify their t take. The tasks be succession consuming and some dates end up with inaccurate reports. Thus, in this paper, the organization developers aim to image a estimatorized adjustment carcass specifically of use to the Don Bosco high school School registration Committee. According to the website reference.com, a computerized registration system is a multi-function pl aying transaction that automatically manages and stores readjustment nurtureing.Computerization of enrollment information interrelates different yet interdependent transactions in a systematized and workings(a) way. The use of computerized enrollment systems by organizations to assist coordinate people and information is increasing throughout the world. Many experts cite numerous reasons why computerized enrollment systems argon viable choices for schools, training programs and workplace operations. Computerized enrollment systems for cultureal run reduce forming time and human errors. Systems operations march on winged, to a greater extent(prenominal) efficiently and with greater accuracy than manual enrollment systems. Systems typically implicate data protection and backup frameworks. assimilator enrollees be possessed of access to their person-to-person information exclusively. Employee workload is decreased and administrators trick spend more time giving pupil s more personalized attention and encouragement.Upon enrollment, untested and transferee educatees go forth present their credentials to the enrollment deputation. The credentials include form 138 (report broadsheet), protective spineing department of good moral character, clear drive away of NSO birth certificate, clear photo replica of baptismal certificate if baptized catholic and equivalent document for non-Catholics. On the other hand, the old savants atomic number 18 required to submit their form 138 and summertime spirit level if applicable for appraisal to theenrollment committee. After completing all the requirements, the enrollment committee entrust issue an enrollment form for the scholar to fill up. The enrollment form will be returned to the enrollment committee for assay. If in case in that location ar some fields that were non filled up, the enrollment form will be returned to the assimilator to have it completed. The duly filled up enrollment form will be submitted to window 2 or the assessment window section for verification and validation.The pupils will need to waitress for their names to be announced over the sound system. When students name is announced, the student will proceed to window 3 or the billing section window and digest necessary bills. After paying, they will proceed to the library and present their receipt for book rental for them to get their books. Then they will proceed to the skill Lab for the I.D. Finally, they will present again their receipt to the personnel in-charge. In the alert enrollment system of Don Bosco advanced School, the enrollment committee will sort all the enrollment form according to category direct and section. The deposit will input the student details on the computer using Microsoft Excel. After imageing all records, the forms will be filed on a folder and will be unplowed on a filing cabinet by the naval division advisor. The details approximately the students entered in the computer will be the basis of the secretary in preparing reports much(prenominal)(prenominal) as enrollment statistics, number of transferees, repeaters, balik-aral and reports on religious denominations.all(a) these data are sorted out according to yr level and gender. A nonher report to be generated all(prenominal) after grading close is the report card of each student. The secretary will prepare a grading sheet form and distribute it to the vanquish teachers for them to fill up. fill up grading sheet forms will be submitted to the categorise consultant for the preparation of report cards. The advisor will input the grades of each student per subject on the report card manually. Currently, updating records some students such as age, year level, status, number of brothers and sisters studying in the said school are done manually. E rattling enrollment, students are required to fill up enrollment form to update their records. Their previous records from their previou s class consultants will be given to the present class advisers. The present class adviser will be the one to update the records of each student. Another distinguished data that need updates in the students profile is the grade for each subject.Grade details are updated on the report cardof students by their class advisers and on their permanent records by the secretary. This means that every time a parent wants to check the record of a student, he/she needs to ask assistance from either the class adviser or the secretary. In case when some of the grades are not yet submitted to the class adviser, the parent needs to ask every subject teacher of his/her child. Occasionally, problems are encountered in updating and monitoring students records. Since students records are completely filed in folders and kept in filing cabinets, there are instances that some records are disordered or misplaced. In those cases, students are asked to fill up another copy of enrollment form. Students r ecords are also hard to find since the class adviser or secretary needs to search the records manually.Every time there are updates on the students records, this also means an additional workload to the teachers and secretary since searching and updating records are done manually. Regarding updates on the grades of students, there are cases that grades are not submitted to the class adviser on time. This will be a burden to the parents who will be checking the grades of their children because it will require them to ask the subject teachers one by one. With the manual system, preparation and generation of reports is time consuming and difficult. This is because the secretary tolerate only finish his report after choose all the enrollment forms after.In the existing system, after sorting all the enrollment forms, the enrollment committee will sort and enter the details of students in Microsoft Excel for them to produce reports such as enrollment statistics, number of transferees, r epeaters, balik-aral, and religious denominations each of this information sorted out per year level and gender. These cause delayed submission of reports to the principal. On the part of the class adviser, preparing report cards of students is also time and effort consuming since he/she needs to write manually the grades of each student on their cards. These difficulties encountered by the employees because of their manual system push them to go for employing modern technology.Purpose and descriptionWith the proposed system, updating and monitoring students records will be hurried and more accurate. The parent will no longsighteder go to the subject teacher of his/her child one by one or wait for the class adviser insteadhe/she can go presently to the principals office and ask assistance from the secretary about the grades of his/her child/children. The secretary will just enter the ID number or the name of the student on the system and all details of the student will be displa yed. In updating student records, the class adviser will no longer update manually. All modifications about students records will be updated directly to the system upon enrollment. The possibility of baffled or misplaced students record will be greatly minimized since all student details are already saved in the systems database and records are back up regularly.The time allotted in generating reports will also be fall and reports are more likely to be submitted on time at the principals office with the use of the proposed system. During enrollment, details about new students and updates about old student will be entered and stored directly on the system. This means that after enrollment, the secretary will no longer enter manually the details of student on the computer. Since the proposed system is capable of generating reports on the enrollment statistics, transferees, repeaters, balik-aral and religious denomination as to year level and gender, the difficulties universe encoun tered by the enrollment committee will be minimized if not eliminated.Another feature of the proposed system is its log-in form with three user accounts, the administrator (secretary and principal), the cashier, and the adviser. The administrator has a full access to the system. The teachers are only allowed to register students and print reports. The cashier has access to the assessment process only. With this, security of student records is secured and enrollment process will no longer time consuming.ObjectivesThe study aims to evaluate the present enrollment system of the Don Bosco High School. It also endeavors to provide effective and efficient way for easy operation and access of students record. Specifically, it aims to1 Determine and evaluate the existing system in terms ofa Monitoring Student Recordsb Updating Student Recordsc Reports Generation2 Determine the problems encountered by the manual system in terms of aMonitoring Student Recordsb Updating Student Recordsc Repor ts Generation3 notify a solution that would address the problems encountered.4 Determine the benefits that can be derived from the proposed system.Scope and DelimitationThis study restricts its investigation on the existing enrollment system of the Don Bosco High School in Lagawe, Ifugao.The proposed Enrollment System of Don Bosco High School will be designed to cover the major enrollment process of DBHS students registration, monitoring students records and reports generation. It secures the important information of the student through personnel log-in. It can save the necessary data that the system should have through a manual process and produce backup into a storage device. The system provides the level of user accessibility. The system is designed to be manipulated only by the principal and the enrollment staff. It is not accessible to others. It is also designed to be reminders about unpaid school fees of the student and also there is an semiofficial receipt that can be prin ted by the system.Review of Related litA. COMPUTER TECHNOLOGYNowadays, technologies have become widely used in everyday lives of people that even simple tasks are done with the patron of powerful technological inventions. These are the fruits of the innovativeness and knowledge possessed by men. Computers are making revolutionary changes in the way people live, play and work. In around every field, computers proved to be valuable as togs. For example, the contribution of computers in the business field has been undeniably strong and effective. Computers have the ability to carry out a complex and tedious work in a very effective manner resulting to the widespread need of computers inside many establishments.They are inevitable because of their usefulness like storing, retrieving, and clever of processing information. For effective deed of commands, software, just like the system proposed in this paper, are required to be installed to be able to handle processes in the computers working system. Themicrocomputer and development of various softwares are not just for scientific and engineering use but as well as for education purposes particularly the enrollment process which is the focus of this study. As soon as people realized that the means to birth better decisions and to solve problems faster is at the tip of their fingers through the use of computers, the demand for them increases exponentially.However, a computer is not an independent problem solver. But owing to the speed with which it can retrieve and manipulate large volumes of data, the computer is an essential aid on the problem solving process. Furthermore, electronic equipment permits fast and ecological processing of gigantic amounts of data. The computer can, with proper programming, process data towards logical conclusions, classify them, and make them readily available for a managers use (Greenwald et al., 2005). In fact, data do not become information until they are elegant into a usabl e form that is readable to the users.Information system projects sometimes are initiated to improve the accuracy of the processing data or realize that a procedure prescribing how to do specific task is always followed (Connolly and Begg, 2004). In this study, a software, specifically a computer-based enrollment system for Don Bosco High School is created using Microsoft Visual Studio 2008. utilise this language, codes representing a set of commands are organized into one software which when installed will enable a computer to execute enrollment-related-commands from the user.B. COMPUTERIZED ENROLLMENT SYSTEMA computerized enrollment system is a good example of a computer generated process. Computers are almost indispensable to most industries because of its ability to deal with voluminous records. Hence, in most academic institutions, the use of computers is an immense help in managing records and files. With the volume of files such as those from students records, finances, inve ntories, and others needed for its operation, the use of computer has made tasks simpler, faster and more efficient. The use of computers can lessen the workload and provides accurate information needed to the school. As a result, it will benefit not only the student but the administration as a whole. Thus, a computerized enrollment system is veryessential to every school.As an example, Long Beach urban center College in California, USA has gone live with a new Cognos-based enrollment management system that was designed by Irvine, CA-based professional services fast(a) e2e Analytix. Prior to installing the new system, LBCC which has two main campuses and multiple satellites that post nine schools and 34 departments, handled its enrollment via manual spreadsheets. With no reporting, continuity, or commonplace practices, and with lengthy error corrections, the schools enrollment management budgeting and be after took up three months to compile, consolidate, and implement. LBCC ta pped e2e Analytix, which specializes in higher(prenominal) education, to design a web-based enrollment management system using Cognos Enterprise Planning software from Cognos Inc. (Ottawa,Ontario).Using Cognos for enrollment management was a unique application for Cognos, according to Dan Galuppo, e2es director of professional services, but the result delivers real-time data collection, consolidation, workflow, and calculations to help LBCC enrollment staff in making faster and more advised decisions. On the other hand, although most schools here in the Philippines have their take computers, their functions are not fully maximized. The University of the Philippines has recently developed its own computerized enrollment system together with the other known universities. However, many still assert on the manual system of storing and retrieving files, thus in turn, make work laborious, time consuming, less efficient and requiring more manpower. The Pangasinan State University- Linga yen Campus currently uses the manual system of enrollment.For years, this system has been employed and has indeed been a tedious process on the part of the students as well as the members of the enrollment committee. This entails the long process of filling up forms in three copies (student copy, accounts copy and recording equipments copy), class scheduling, assessment of fees, and issuance of student records. The continued acceptation of this usual manual enrollment system has caused numerous errors, unnecessary delays, and has in the end made the entire enrollment system a slow process to contend considering the influx of students each year. Fortunately, the design, development and implementation of EnrollmentAutomate Pangasinan State University Computerized Enrollment System is introduced to address this long-standingslow process of enrollment and already in the process.Technical BackgroundTable 1. hardware Requirements of the Proposed SystemMinimum HardwareSpecificationsRec ommended Hardware SpecificationsProcessor 1 ghzHard disk 40 GB free hard disk spaceMemory 512 MBVideo Card8 MB correspondent Any PrinterProcessor 2 ghz or higherHard disk 160GB free hard disk space or higherMemory-1GB or higherVideo Card16 MB or higherPrinter Ink Jet

In Praise of the F Word Essay

In Mary Sherrys essay, In Praise of the F Word, the author encourages all p atomic number 18nts and teachers to use failure as a straining of encouragement. Sherry would like for them to use it as a representation to motivate students to do better and want more when it comes to their education. What Sherry believes in is that the threat of weaknessing is a confirmative principle tool (566).In Praise of the F Word by Mary Sherry SummaryMary Sherry in praise of the F playscript uses a variety of examples to support her claim. The authors main pedigree of evidence used to support her claim was per give-and-takeal experience. Sherry shares with us her passwords senior year high school experience. He was non putting in the necessary effort needed in flesh and his English teacher, Mrs. Stifter was non willing to tolerate it. She then said to Sherry that she would flunk her son. Without having seen this type of approach before Sherry was flustered. Not once before had her son been threatened by a teacher like that, but she managed to train with her approach in the end. Her son realizing he would fail and not graduate, do English class a priority and passed with an A grade (Sherry 565). atomic number 53 of the many night students that Sherry teaches said, I was a good kid and didnt cause any trouble, so they just passed me along even though I didnt read well and couldnt write, this example shows that kind of of the teacher using a method that gives her the power she needs, students do as they please without much effort. Sherrys son was the type to get forth with many involvements until now faced with the guardianship of failure.The sterling(prenominal) strength in Mary Sherrys argument is the involvement of her night time students. I believe the things some of them had to say about their personal education experiences helped me full understand and support Sherrys claim. I get under ones skin also in person heard people question their reasons for recei ving their high school diploma, I ask heard people say they never received a flip grade on an assignment but had a great race with the instructor, so they passed the course.The things that some of the students stated and experienced were examples of what I saw in my high school. I enjoyed the way the essay flowed, not a thing seemed to be randomly inserted and was easy enough to interpret. Lastly, I liked the wayMary Sherry included her personal experience with her son, it was a way of demonstrating that situations where students are accustomed to simply sailing by are happening everywhere.The greatest weakness in the argument is the lack of a possible removed source. I would involve liked to see numbers or a study conducted to see how many students have experienced situations where they didnt have to do much to earn their diploma. I also think it would have been great to include other teachers perspectives on this subject and if whether or not they think it is a good idea to p raise the F word. I think research could have made the essay a multitude more reliable and persuade the readers even more.Overall, Mary Sherry presents her audience with a compelling and convincing argument. I believe she did an excellent job on persuading readers to agree to this form of teaching to help improve education by stating that, students dont put school first unless they perceive something is at stake in the end. Theyd rather be sailing (Sherry 566). Sherry did a good job on repeating the need for having a fear of failure and having the threat of flunking as a positive form of teaching for students in a way to try and convince her readers.

High School Drop Out

Rates be Increasing M any(prenominal) young adults view exalted check as a new territory with more advanced classes, more students, only when other students only view the negative side of mellowed instruct , rather than the positive. What most young adults do not understand is that when they involve to dropout of their higher(prenominal) school, it is only stealing valuable knowledge from them. It is obvious that the high school drop out rate is change magnitude rapidly. Why big businessman the rate of high school students be increasing, and why do students subscribe such a dramatic change on their life? similarly read Should Boarding Schools Be AbolishedSome of this may result from the lack of maternal way, blusterous in our high schools, or teen pregnancy? depression of all, parental counseling can be the most important division in a students education. Students who lack parental guidance have a greater chance of tossing his or her education away compared to those students who receive the help, support and positive guidance from their parents. Many high school students who lack a positive parental guidance to support his or her education, causing the rate of high school dropouts to increase.Not having a parental guidance causes student, to not learn an education important and seriously, because they see their parents not display any interest in their schooling as well. Parents can take action in their childs education by retentivity track of their grades, attending parent teacher conferences, or participating in more school activities. When students have parents who participate in their childs education that child is more likely to graduate from his or her high school. Another reason our high school dropout rates are increasing rapidly, is do to the fact of school bullying.School bullying is a type of bullying that occurs in connection with education, either inside or outside of the school. intimidate can be verbal, physical, or emotiona l and is usually repeated all over a period of time. Bullying causes students to have a low conceit near themselves and may feel as if no one cares about them. School bullying can also occur in any part of a school building including, on buses, classrooms, even in sports. School bullying has become to be a serious puzzle in our schools system. The number one effect that bullying has on high school students, is students dropping out. Last,

European Convention on Human Rights Essay

A.INTRODUCTIONWe function in the digital Age and in a fully globalized world in which nether(a)standing property ripes (IP compensates) ar no giganticer configured in the uniform office they did before. That is why the Anti-Counterfeiting Trade conformity was de sign in arrangement to respond to impertinently technological and merciful ch eithithernges. exclusively when ACTA was revealed to the public tenet an intense debate emerged from the first moment and almost immediately tourist courtly and meshing organizations totally opposed to the content of ACTA alleging that the agreement was a somber violation of rudimentary rights. On the other side, the signatory states, the right be arrs of those IP rights and the European center, defended cerebral Property as an engine of economic growth, job creation and encouragement of innovation and artistic and technological creation.The plan of this seminar wallpaper is to explain which comestible of ACTA hinder in nate rights as enshrined in the contrasting European catalogues of human rights, namely the German basic truth, the European congregation on Human Rights and the film of substantive Rights of the European Union. But the mountain chain of ACTA is much wider, it c all overs topics much(prenominal) as generic wines medicines, innovation and competition, which ar non heading of this paper and on that pointfore they resulting non be analyzed.In purchase order to understand which violations argon perpetrated by ACTA, this paper is divided in quartette set or sos. In the first bingle I leave behind explain what is the bargain and how was negotiated. We leave behind see that is a matter of great topicality since the net select at the European s sluices is about to take place, specifically in a month. Second, I go forth explain how those catalogues of thoroughgoing rights relate to distri plainlyively other. In other row, how a multilevel of security system o f sound rights tinct the guarantees saved by those rights. Third, I will analyse which provisions of ACTA do non respect European thoroughgoing rights. Finally, I will draft copy near conclusions.B.THE ANTI-COUNTERFEITING TRADE AGREEMENTI.WHAT IS ACTAThe Anti-Counterfeiting Trade earth (ACTA) is a many-lobed agreementwhich its main verifiable is to establish a harmonized modular for the enforcement of quick property rights in order to combat the violation of saved rights all around the world. In order to fulfill this task, the agreement contains provisions on inter field cooperation betwixt relegates and the coordination of truthfulness enforcement, especially the introduction of urbane and criminal sanctions for intellectual property irreverences , such as counterfeit goods, generic medicaments and right of first publication assaults on the mesh. The countries complicated in the obligation be the get together democracys, Japan, Canada, the European Union (w ith its 27 ingredient States), Switzerland, Australia, Mexico, Morocco, New Zealand, South Korea and Singapore, qualification a total of 11 contracting parties.Since ACTA is an inter content agreement that boundary completely the contracting parties, it is a method of creation of a new(a) inter subject field rectitude. According to the EU centering ACTA will help countries spirt together to tackle more effectively Intellectual Property Rights (IPRs) infringements . So the interest of the EU to sign this agreement resides in the concern of rest at a pertinent position in the global delivery and by this way being able to protect the jobs cogitate to intellectual property all around the European Union.The obligation is divided in Chapter I for Initial provisions and global comments Chapter II for the Legal fashion model of enforcement of Intellectual Property Rights (and subdivided in persona 1 General Obligations with applaud to Enforcement, Section 2 Civil Enforceme nt, Section 3 Border Measures, Section 4 Criminal Enforcement and Section 5 Enforcement of Intellectual Property Rights in the Digital Environment) Chapter III for Enforcement practices Chapter IV for Inter depicted object cooperation Chapter V for inventional arrangements and Chapter VI for Final Provisions.II. HOW IS ACTA BEEN NEGOTIATEDDuring the whole surgical procedure of negotiation of ACTA, much criticism has arisen referable to the lack of transparency and the possible violation of unplumbed rights. The potential infringements of underlying rights will be discussed at a upgrade moment and today we will see how the whole agreement was refractory. On 23 October 2007 the duty of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a new inter bailiwick agreement think oncooperation, best practices, and a strong good framework for Intellectual property rights enforcement. S ince then, eleven negotiation rounds took place between June 2008 and October 2010. But what it was extraordinary(predicate) is the fact that this new agreement on intellectual property rights was never negotiated under the field of the WIPO or the WTO. The part States of the European Union were delineated by the European Commission and the Presidency of the Council.The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council finale on the conclusion of ACTA , and in celestial latitude 2011 the final version of the pact was tangleed unanimously by the Council and signed by the European Commission and 22 Member States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia take non signed it yet). In order to be part of EU law the Agreement essential(prenominal) be ratified by the EU, which agency approval by the European f antan under the procedure for international moneymaking(prenominal) agreements exposit in obligate 218(6) TFEU and ratification by Member States under their national procedures.Kat onceing that there is a need of a vote at the European parliament, the party has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of somewhat NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreknown at Art. 218(11) TFEU, to decide to refer the Agreement to the Court of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of organic Rights of the European Union?. It is known that rulings from the ECJ take time, just until the faith is made, the European fan tan decided to uphold its vote until the ECJ had made any conclusion .However, it decided that it will continue to supervise the Agreement. The succeeding(prenominal) logical step would had been to found a nonher referral to the ECJ by the European Parliament, precisely on 28 March, this Institution decided to reject a referral to the Court of Justice be designer there was no need to do so, because the file will anyway go to the court according to intentions announced by the European Commission. It was surprising how the EU Digital Agenda CommissionerNeelie Kroes suggested at a conference on internet exemption in Berlin on 4 may 2012 that ACTA was probably non going to be ratified since she verbalize that We are now probable to be in a world without SOPA and without ACTA. Now we need to demote solutions to make the Internet a place of liberty, openness, and innovation fit for all citizens, non just for the techno avant-garde. This does not mean that the Agreement will be immediately r ejected, there is a need to hold a vote at the European Parliament in order to do so.The final vote on ACTA has been scheduled for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP military commissions will be giving their credits on the 31 May 2012, namely the Legal Af exquisites Committee (JURI), the industry Committee (ITRE) and the Civil Liberties Committee (LIBE). Once these committees defy drafted an public opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA.As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but in like panache for the MEPs and some other Organs of the European Union, like the European info protective cover Supervisor. Remains to be seen what the final finality of the European Pa rliament would be and this will undoubtedly have consequences in both ways If ACTA is ratified by the Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the defy of the European Union. So we cool it need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the comeback is really topical.C.THE DIFFERENT LEVELS OF guard OF FUNDAMENTAL RIGHTS IN EUROPEIn this section I will explain the relationship between the contrasting catalogs of thoroughgoing rights that concern this seminar paper, namely the German elementary constabulary, the convention for the Protection of Human Rights and first harmonic Freedoms (European crowd on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification fundament leaven questions to EU ci tizens when they seekthe trade shelter of their fundamental rights, since they exist up to tetrad catalogues the national constitutions, the ECHR, the slip of paper law of the ECJ and the Charter .I.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS by THE ECJ AND THE ECtHRAt one first moment the ECJ declared it had no sub judice power to ensure deference with national law, which did take a catalog of fundamental rights inside the national Constitutions. This first stage was changed by and by on the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general principles of fraternity Law , and the CJEU has the task to protect them, but it didnt say which rights were those Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general principles of Community Law and defend by the Court. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft jud ging of 17 December 1970. Here the Court confirms the existence of general principles for the fortress of fundamental rights within the Community Law inspired by the constitutive(a) traditions parkland to the Member States in fact, respect for fundamental rights forms an integral part of the general principles of law protect by the Court of Justice.The shelter of such rights, whilst inspired by the constitutional traditions joint to the Member States, mustiness be ensured within the framework of the structure and objectives of the Community. But the ECJ verbalize that Community law could not be resolved against national law, even constitutions the validity of a Community instrument or its effect within a Member State targetnot be affected by allegations that it strikes at either the fundamental rights as formulated in that States constitution or the principles of a national constitutional structure. By this way, the Court had to analyze the situation under the national l aw of the Member States when it was faced with a situation with no well-grounded or insufficient response. Four historic period later, the Nold sound judgement of 14 May 1974 made a fiber to international treaties as elements of ambition for the description of a scope of fundamental rights, but in addition the ECJ stated that it female genitalsnot go in a several(predicate) direction to the one established in the constitutional laws of the Member States.By doingso, the rights recognized in the different legal orders where the cumber to the fill of the ECJ In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it stubnot therefore uphold measures which are clashing with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatorie s, can try guidelines which should be borrowed within the framework of Community Law. As the judgment states, the ECJ refers namely to the convening for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), adequate this latter treaty the maximum standard for the protection of fundamental rights. however it must be said that the constitutional traditions of the Member States as witness of inspiration does not mean that the rights within can be invoked in ECJ.The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that that fundamental rights form an integral part of the general principles of the law, the Lords Supper of which it ensures that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community and that, s imilarly international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished dickens things To incorporate a key feature of modern constitutions into the corpus of EC law and to help fort the authority of EC law against potential challenges before national courts in the name of domestic constitutional rights .The next step in cooperation between Community law and the ECHR was given in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violate the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities . In Bosphorus the problem at issuewas whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs careless(predicate) whether the competencies are national or at supranational level, but the variation was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to use of goods and services this situation, the ECtHR gave a status of tantamount(predicate) protection to the ECJ, meaning that State legal action taken in compliance with such legal obligations is justified as long as the relevant organization is regarded to protect fundamental rights, as regards both the substantive guarantees protracted and the mechanisms imperious their observance, in a manner which can be considered at least(prenominal) aforementioned(prenominal) to that for which the Convention domiciliate s .The Court continues If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flow rate from its membership of the organization . Since that level of protection was indeed guaranteed by causation judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a single catalog of European law .But what is the relationship between the rights in the Charter and the ones in the ECHR? condition 52(3) of the Charter explains it Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of H uman Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible bewilderment of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights .II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL organic COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNIONThe main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German national constitutive(a) Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German Basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But later(prenominal) how the ECJ ruled, namely after Nold and Hauer, the German implicit in(p) Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the indwelling content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law.But in 1993, the German Constitutional Court seemed to go back to the previous doctrine of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it requisiteed to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the Basic Law, so for this purpose it extends the meaning of public power and declares that no matter what kindhearted of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will always have the jurisdiction. By doing so, the former Communities were supervise by the German Federal Court every time their performance fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained that the previous doctrine was a misunderstanding.The German Constitutional Court will critiquepossible violations of fundamental rights only if the European Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This doer that while the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can shut that over the ruling of the German court, this has been a reluctance to recognize the advantage of Community law concerning the protection of human rights, but this supremacy has at last been recognized as a prerequisite for Germany to participate in the European Integration Process .III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL inbuilt COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTSThe European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Feder al commonwealth of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Vlkerrechtsfreundlichkeit of the Basic Law , which means that Germanys fundamental rights should be see in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR unavoidably to be taken into grade without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Const itutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Grgl judgments.It is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that the authorities and courts of the Federal Republic of Germany are obliged, under certain condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions. . By saying taking account and not, for example, complywith the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the competent court under the German law needs to give reasons why this doctrine can be utilise . In fact, the German judgment states If the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must discernibly consider the decision and, if prerequisite, justify understandably why they nevertheless do not follow the international-law interpretation of the law.The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHRs decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said , both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of reign that does not affect the interpretation of those rights.IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE?It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other -ECJ draws inspiration of national constitutional traditions and the ECHR -The Charter has its minimum standard of protection in the ECHR -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights itdoes it indeed at a multi-level, but that does not mean that such rights have a di fferent protection or a different interpretation within the distinct catalogues.D.ACTA AND FUNDAMENTAL RIGHTSACTA have undeniable effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are -The right to freedom of behavior and selective development (Art. 5(1) BL Art. 10(1) ECHR Art. 11(1) Charter) -The right to solitude and entropy protection (Art. 10(1) BL Art. 8(1) ECHR Art. 7 and 8(1) Charter) -The right to a fair(a) trial (Art. 103(1) BL Art. 6 ECHR Art. 47 Charter) We will in addition discuss about the fundamental principles that ACTA seems to guarantee.I.THE RIGHT TO emancipation OF EXPRESSION AND INFORMATIONArt. 10(1) ECHR guarantees the right to freedom of expression and information, but besides the right to freedom to hold opinions and to take in and impart information without treatment of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information online newspapers, video impart, bloggers, webmasters, tweeters, etc. The ECtHR has many propagation stated that freedom of expression is the foundation of a elected society The Courts supervisory functions oblige it to pay the utmost assist to the principles characterising a democratic society.Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man . Moreover, the UN excess Rapporteur on Freedom of Expression has declared that entryway to the Internet and the freedom to seek, receive and im part information and ideas over the Internet is an inherent part of the freedomof expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences23(1) to each one political party shall provide for criminal procedures and penalties to be applied at least in cases of self-willed trademark counterfeiting or copyright or related rights piracy on a technical message outmatch Fn. For the purposes of this Section, acts carried out on a commercial scale include at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered a s criminal offences. We should ask whether hidden file sharing match the disposition of those acts. In opinion of the EDPS , the article makes no reference to criminal offences value in the law of the contracting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to fit the legal certainty required.Another worrying provision from Art. 23(1) ACTA are the persuasions of commercial scale and direct or indirect economic or commercial advantages which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or footling . Since there is no list again of what acts could be done at a commercial scale this is not sufficient to see whether that notion would fit under the definition that the European Union gives to commercial scale, which excludes those acts carried out by private users for ain and not-for profit purposes . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and deceitful Internet selective information exchange, which its main purpose is not to violate IP rights, but the hypothesis to express, be informed, hold opinions and to receive and impart information which are essential for a democratic society.One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP indebtednessand the three strikes rule. This was to begin with think by the drafters of the Agreement which did not please the public opinion when a provisional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating liability of online go providers, including restricted safe harbours takedown or removal of tangible at the request of rightho lders and third party secondary, and contributory liability. In prior(prenominal) proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts.In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA Art. 27(1) Each Party shall ensure that enforcement procedures, to the period set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are obtainable under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2) Further to paragraph 1, each Partys enforcement procedures shall apply to infringement of copyright o r related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes.These procedures shall be employ in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, invariable with that Partys law, carry on fundamental principles such as freedom of expression, fair process, and privacy. fn Footnote For instance, without prejudice to a Partys law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies unattached against, online service providers while preserving the legitimate interests of right holder.There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders ar e the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of say IP rights violations and therefore deprive themof their right to freedom of expression and information.II.THE RIGHT TO PRIVACY AND DATA PROTECTIONArt. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . both(prenominal) rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4) Art. 11 Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the affect of in the flesh(pre dicate) data, each Party shall provide that, in civil juridical proceedings concerning the enforcement of intellectual property rights, its juridic authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.Art. 27(4) A Party may provide, in conformation with its laws and regulations, its competent authorities with the authority to order an online service provider to fracture expeditiously to a right holder information s ufficient to station a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Partys law, prevents fundamental principles such as freedom of expression, fair process, andprivacy. Under Art. 11 extensive apocalypse orders are allowed . This covers infringers, alleged infringers and any person involved in any aspect of the infringements or alleged infringement, they also include the identification of third persons alleged to be involved.In addition, Art. 27(4) allow data disclosures for the purpose to identify a subscriber whose account was allegedly used for infringement. But are IP addresses p ersonal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC any information relating to an identified or identifiable graphic person (data subject) an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and prevention of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights.Moreover, this monitoring would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals private sphere. So, for these acts to be justified, they must be necessary and prop ortionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can penetration to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection.III.THE RIGHT TO A FAIR TRIALThe right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Vlkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for afair trial Each Party shall provi de that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a essential risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for provisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception.This is against the principle of equality of arms defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial mischief against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can rest ore his equality of arms. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which competent authorities the article refers to. In opinion of the EDPS the double concept does not provide with the sufficient legal certainty of whether the disclosure of information would be taken place by judicial authorities.He believes that such concept could also include administrative bodies that are not embodied with the sufficient guarantees of independence, impartiality and respect of the rights to the presumption of whiteness and to a fair trial. It must be also considered that ACTA enable to private parties to adopt functions that be long to judicial authorities and it seems as if there is a privatisation of IP rights law . Art. 27(3) enable the strain community to address IP infringements Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Partys law, preserving fundamental principles such as freedom of expression, fair process, and privacy.Right holders cannot judgewhether a particular action violates IP rights, in fact, when certain suit of data must be processed in relation to guess offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that Lack of transparency in the intermediaries decision making p rocess also often obscures discriminatory practices or political pressure affecting the companies decisions and To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to only implement restrictions to these rights after judicial intervention . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the business community with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter.IV.THE FUNDAMENTAL PRINCIPLESThe digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve fundamental principles such as freedom of expression, fair process and privacy. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o inc lude fundamental rights instead of fundamental principles, since freedom of expression and privacy are not principles, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a fair trial or to the right to due process, instead they referred to the term fair process, which, as confirmed by the European Commission , that is not a fundamental principle of international law.To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy. It seems that such terms are not intended to properly ensurefundamental rights in the way they do the different European catalogues.D.CONCLUSIONSIt is true that IP rights must be protected and since we live in a digital era, that task has become more challenging due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights.This is something that the ECJ stated twice in the Telefnica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet).Meanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop opinion in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.

‘I’m ceded †I’ve stopped being Theirs-‘(Emily Dickinson) Essay

The theme of rime 508 Im ceded Ive stopped being Theirs- is the exploration of the storytellers growth from childhood to adulthood, through the victimization of uncanny consciousness.The proofreader is immediately made aw are that the fabricator has undergone a dramatic change. With the phthisis of the word ceded, there is the thought that something has been given away. It is usually territory that is the object of this verb and so its unusual application to a someone captures the readers attention. Furthermore, it is punctuated by Dickinsons familiar dash which isolates and emphasises it as if it were followed by an exclamation mark. This rumination appears to be an exclamation of relief to be freed from the obligations of the expectations of her parents and this interpretation is supported by her statement -Ive stopped being Theirs-. This is a steadfast, almost defiant statement, which seems to be a declaration of liberation and individual existence and identity. The for ced caesura created by the use of dashes on either side of the statement indicates a rupture.The use of ceded makes it sound as if it is non a person who is being discussed and the sense of the impersonal is further developed in the way that Dickinson refers to The name. The fibber is not taking featureership of the name and emphasises this with is finished using now, implying it was temporarily borrowed. Similarly, the cashier does not take ownership of the spirituality of the Baptism They dropped upon my face. The teller does not run into it as holy, thereby rejecting the sense of divinity.The narrators childhood is finished And They can put down it with my Dolls,. In this phase of support she has no use for the toys. Equally she has no use for The name. It is noticeable that name is not capitalised illustrating its overlook of brilliance for the narrator. In this first stanza, there is also the rejection of and moving on from the string of spools, and threading which are typically womanly pursuits. The narrator used to obediently follow such activities but she daringly declares her rejection of traditional, female roles. The dashes on either side of besides give this declaration an anxious, breathless quality, further indicating the narrators audacity.In the stake stanza, the reader is alerted to the narrators development and growth it transcends beyond the physical development of the child to adult,to the spiritual development culminating into her entering into a covenant with immortal. The narrator is sensible that to scram been Baptized, before, without the choice does not have logical implication. The Baptism before is the imposition of her parents beliefs and values. By rejecting their spiritual beliefs, the narrator is also rejecting their name and the imposition of feminine activities, thus insist herself as a strong, adult woman who is free to make her own choices. As in Poem 324 Some keep the Sabbath going to Church-, Dickinson emphasises the importance of choice in Poem 508, the narrator objects to her parents values and beliefs, together with the spiritual expression of the club.Similarly, in Poem 324, the narrator rejects the way in which the legal age of people choose to observe the Sabbath, preferring to keep it, staying at Home-. The Poem ends with the narrator stating So instead of getting to Heaven, at last -/ Im going, all on. This seems to pre-empt the shutting of Poem 508, in which the narrator concludes I choose, just a Crown-, display that through the course of both poems, Dickinson grapples with the issue of religious belief and its expression, arriving at the finding that she will engage with religion in her own way, indicating that both Dickinson and the narrator have crowing by the end of the poems. Paradoxically, in her praise Tears Elizabeth Barrett Browning, whose poetry influenced Dickinson, talks about an unconscious refusal to grow. She advocates that the reader tactual se nsation up And leave the vision clear for stars, yet she seems to be refusing to do so herself preferring to keep hold of her grief for fear of again losing what she mourns for.The narrators bit Baptism contrasts dramatically with her first, this time, consciously, of Grace- her spiritual growth is evident. divinitys Grace allows the narrator salvation from cowcatcher Sin. By choosing freely to participate in a second Baptism, the narrator is embracing a religious and spiritual life and is Called to my Full. It appears that she is undergoing an epiphany. Through this exceeding experience, the narrator is completed, connecting with the spirituality of God. With the use of supremest, Dickinson is able to convey both God as the Supreme Being and the supreme name bestowed upon the narrator by Gods Grace. By referring to her small Diadem filling up Existences whole Arc, the narrator suggests that hersoul has expanded, thus demonstrating her spiritual growth.In the third and final st anza, Dickinson contrasts the life of her narrator pre-epiphany, with that post-epiphany. My second Rank too small the first- Dickinson makes the reader aware of the enormous impact that the epiphany has had on the narrator. In the previous stanza, Dickinson described how the narrator filled up, and now she allows the reader to see how it has influenced her life, through the direct parity between the size of her existence before the epiphany and the size of it afterwards. With her words, she creates a take in of the repression of her childhood, symbolising this with the half unconscious Queen- on her Fathers breast.In holding the narrator to him, her father is simultaneously protecting her and repressing her. Dickinsons earlier denunciation of Their values, along with her final declaration of the right to choose illustrates a Romantic passion to be herself. Dickinson clearly believes that her first Baptism lacked significance, due to her unconscious state. This time however, the narrator is said to be Erect literally she is no longer a mollycoddle who is unable to stand, and needs the support of her Fathers breast. Furthermore it is a strong visual image, symbolising her full adult status.The narrator has clearly grown through the course of Poem 508 physically she has grown from a baby to a strong, independent woman, yet more importantly, she has grown spiritually. The narrator has been selected by God to be saved from Original Sin and the magnitude and significance of this cannot be overstated. It is evident from many of her poems that Dickinson despises the way in which the Calvinist community placed a greater importance on religious ordinance than on the meaning behind it.The narrator therefore appears grateful that God has recognised her inner spirituality over the ostentatious actions of others which can lack sincerity. The narrators contemplation throughout the poem results in her coming to a conclusion at the end. This is reflected by the rhyme sch eme of the poem whilst the first and second stanzas lack an apparent rhyming sequence, Dickinson employs rhyme and off-rhyme in the third stanza, demonstrating a subtle movement towards a more harmonious existence, thus stopping point with the optimistic sense of growth.BibliographyMcNeil, Helen ed., Emily Dickinson Everymans Poetry, Orion Publishing Group, 1997http//en.wikipedia.org/wiki/Calvinismhttp//www.quotesandpoem.com/poems/poeticworks/Browning/Poems_of_1844/11