Outline Reid v. Covert Case Study Example | Topics and Well Written Essays - 1000 words

Outline Reid v. Covert - Case Study Example Most importantly, this case pits the Constitution of the Unites States against international treaties. In this case, Mrs. Clarice Covert killed her husband, a sergeant in the United States Air Force, at an airbase in England. At that time, she was living with her husband on the base. Despite her being a civilian, she was tried by a court-martial for murder under Article 118 of the Uniform Code of Military Justice (UCMJ). Mrs. Covert’s counsel attempted to plead temporary insanity on her behalf but she was sentenced to life imprisonment. The Air Force Board of Review, 16 CMR 465, affirmed the judgment but it was reversed by the Court of Military Appeals, 6 U.S.C.M.A 48, as it had suspected some prejudicial errors concerning the defense of insanity. Mrs. Covert was being held in England as she awaited her retrial by court-martial in the District of Columbia. After a writ of habeas corpus was petitioned by her counsel, the District court held that Mrs. Covert could not be tried b y court-martial and ordered to release her from custody. The case was then argued at last term and it was held that Mrs. Covert’s court-martial was constitutional. ... They discarded the fact that the Congress had actually never provided for such trials in the Constitution. If it is not in the Constitution, it is not a rule or law. The Articles III,  § 2 and the Fifth and Sixth Amendment are directly applicable to this case. Article III,  § 2 lay the rule that, â€Å"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury, and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.† This means that the trial, for a crime that is committed abroad (not within any State), must be held in such place where the Congress has directed. Since the inception of this section in the Constitution, it has always meant to be followed without any exception. The Fifth Amendment provides that, â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; . . .† The words â€Å"No person† are very important since they obliterate any exception for civilians. Although it is very clear that it excludes the soldiers and officers of the Armed forces, there is no inclusion of their dependents either. Their dependents are civilians and when the Fifth Amendments says â€Å"No Person† shall be deprived of the right to be tried in the civil court, it includes them. The Sixth Amendment declares that, â€Å"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and

Southeast Asian in the US Essay Example | Topics and Well Written Essays - 250 words

Southeast Asian in the US - Essay Example It is important to understand the term Secondary Migration because it clearly defines why a South East Asian parentage child would consider himself purely American instead of a product of what they commonly term â€Å"the old world† of their parents. Midway to nowhere on the other hand, defines the state of mind that a refugee who fled his homeland in a panic oftentimes has. Refugees in this state of mind arrive in their country or place of asylum without any concrete plans and is forced to choose among three choices for his future. The first choice is to return home. Second, remain where he landed in his quest for asylum. Or third, Accept the offer of other countries for refuge in his quest for asylum. All these choices face a person who left his land without any solid plans except to survive which is he, later on in his life, sometimes exhibits regret in his final decision. This is an experience usually shared by the Viet refugees in America. It is a decision that has them always thinking about the old world and sometimes, sees them taking the secondary migration family members back to their country of roots in order to relive their past

The real meaning and its impact of characters' symbols in the Great Research Paper

The real meaning and its impact of characters' symbols in the Great Gatsby - Research Paper Example e same time reflects upon the deviation from the American dream in the context of the individual desires of individuals that run counter parallel and counterproductive to the actual goals that may be set forth in life to be achieved (Tyson, 40). A personal way of life, inspired by the social outfit, stands in conflict with the American dream as well as the moral and social values of a respectable society. Gatsby originally had a humble background to his record and he overtook the rich life style to cover it up. While the American Dream was based on values, moral up gradation and standardized living along with the social development, the movie depicts characters that have seen deviation from the core value of the American dream. Money has become the center stone of the attraction and desire of the people. The 20s decade saw progress however at the cost of the moral values (Hobby, 67). The overall script is prepared against a backdrop of a society and environment that was driven by the scientific developments and progress all over. In the wake of such developments, the people’s orientation and desire for acquiring more wealth, parties, expensive life styles, origination of the new music genres, different brands coming forth in the field of clothes and in the domain of car manufacturing industries were few of the progressive elements that were part of the American society at that time. This development in turn led to the people’s desire for collecting money and rising in social status and earning the recognition. Happiness has been always attributed to the accomplishment of the goals in the American Dream. However the American dream set forth the pattern and elements that would allow accomplishment of such goals. In the light of such a nationalistic ideology, there is little space or margin for negative activities and functions which may corrode an individual’s character or ambitions. The 20s decade of the last century was characterized by a totally

TORT LAW PROBLEM QUESTION (Defamation) Essay Example | Topics and Well Written Essays - 1750 words

TORT LAW PROBLEM QUESTION (Defamation) - Essay Example fathers who had been injured in the Great War, and all of them knew the quotation from that great elegy for the First World War dead: ‘In Flanders field, a poppy grew’. Three generations have passed since the 1920s, and people no longer share these cultural references. Today in 2010 most inner-city youngsters associate the red poppy with the production of opium, morphine and heroin. The average twenty-year old in Toxteth, Gateshead or Hackney looks in bewilderment at politicians and news-readers all dutifully wearing their poppies. Why are they all advertising the drug-trade, and what connection does that have with Britains current wars? The smarter ones soon work out the answer: it must be in celebration of the fact that opium production has soared in Afghanistan since the British Army took over Helmand from the Taliban ... Since the Anglo-Chinese Opium Wars of the 1840s the British Army has long been involved in facilitating drug trafficking. But is this something we s hould celebrate each year by supporting the Poppy Appeal? BRITISH LEGION, listen to me! If your present purpose is to collect funds for the wounded of Britains elective wars in Bosnia, Iraq and Afghanistan, then you need a less controversial symbol. How about a paper representation of a shrapnel wound, red with blood, that can be pinned to each politicians lapel? ... Until the BRITISH LEGION gets its act together, we must boycott the Poppy Appeal. At present everyone wearing their artificial red poppy is signaling their support for the drug runners of Afghanistan and for those British soldiers who collude with them. 2. Whether or not the British Legion as a charitable organisation as a claimant may sue for damage to its reputation. If the answer is favorable, then the next issue is whether or not Smith may sue on behalf of the charity. 1. The most important issue is whether or not the words in the article are defamatory. Firstly, it must be explained what exactly is a defamatory statement.

Hurricane Katrina Essay Example | Topics and Well Written Essays - 2000 words

Hurricane Katrina - Essay Example Brinkley consciously limited the book to the first unthinkable week. Beginning on Saturday, August 27, when it first became clear that Katrina was going to strike again in the Gulf Coast after roughing up Florida, he traces the warnings, stories, fecklessness, and missed opportunities through the hurricane's five hours f wrath and the breaching f the levees. His account continues until the following Saturday, September 3, when buses finally reached the convention center and the Superdome to evacuate those stranded. By combining his own experiences during the storm and its aftermath-Brinkley returned to the city to help in rescue efforts after evacuating his family to Houston-with hundreds f interviews with citizens, first responders, and government officials, Brinkley paints a picture alternately heartbreaking, heartwarming, and enraging. The Great Deluge opens with models f excellent planning and action by the likes f the Louisiana Society for the Prevention f Cruelty to Animals (which had its 263 sheltered pets safely moved to Houston by the evening f August 27), the Entergy Corporation (which shut down its nuclear plant once Katrina became a category 3 storm), and Louisiana parish presidents (who issued mandatory evacuation orders to their residents and efficiently obtained special help for those who needed it). Although stories such as these, along with the valiant efforts f many first responders, are welcome doses f things that went right, The Great Deluge is primarily a story f how so much went wrong. Brinkley's meticulous assembly f the facts into a detailed chronology and analysis is devastating at times to virtually everyone in an official role-from New Orleans's mayor, Ray Nagin, to Louisiana's governor, Kathleen Blanco, to the secretary f the Department f Homeland Security, Michael Chertff, to the Federal Emergency Management Agency's "Brownie," to the man who gave him that nickname. And Brinkley pulls no punches: "Every time the Bush administration and the state f Louisiana hesitated, lawyered-up, and read the fine print f Homeland Security procedure, an American died prematurely," he writes. Brinkley's extensive footnotes deepen the sense f reading a cohesive and objective take on a complicated event. As the disaster continues to recede from the forefront f the minds f those who have that luxury and as inevitable election year finger-pointing provides ever more spin about what happened and why, The Great Deluge could hardly be a more timely, important, and effective antidote-to complacency, to poor leadership, and to the lack f accountability. To borrow a phrase: "Brinkley, you did a heckuva job." Brinkley criticized the Bush administration for its lack f reaction during the 72 hours immediately following the hurricane, when rescue is still possible. He also criticized elected officials for caring more about what their lawyers had to say about potential lawsuits than saving those in need. Instead, many victims were evacuated by private organizations or citizens like Jimmy. There was the Cajun Navy, a

Reflections on World's Leadership Essay Example | Topics and Well Written Essays - 2500 words

Reflections on World's Leadership - Essay Example Effective leaders are capable of setting and achieving challenging goals along with taking speedy and crucial actions even in complicated circumstances. These activities are undertaken by the leaders to outperform their opposition and also to take designed risks for the purpose of persevering in the state of failure. Effective communication skills, confidence, ability to handle others and willingness to adopt changes also exemplify good leaders. Not all leaders are able to follow these broad aspects while deploying their leadership. However, those who are able to follow are characterized as good leaders but on the other hand those who are not able to comply with the fundamental aspects of leadership can be considered to be bad leaders (Daft, 2008; Fairholm, 2011). Correspondingly, the essay will specifically highlight a good leader i.e. Mohammed bin Rashid Al Maktoum and a bad leader i.e. President Bashar al-Assad in terms of their stance in a societal context. The essay will also pr ovide an in-depth knowledge pertaining to the aspects that highlight both the leaders’ leadership style. In addition, the essay will also reflect upon valuable aspects of both the leaders that put them in good and bad leadership positions. In-depth knowledge in this respect would prove to provide valuable insights about both individual’s leadership patterns as well. Analysis of Leadership Dimensions of Two Leaders Background and Contributions of Mohammed Bin Rashid Al Maktoum According to Daft (2008), certain desirable characteristics of a preferred leader whom the followers like to follow vehemently include forward thinking, honest, inspiring and competent. With this consideration, it can be apparently observed that Sheikh Mohammed bin Rashid Al Maktoum who is currently the Prime Minister and Vice President in the United Arab Emirates possesses these valuable qualities. He is also one of the rulers in Dubai. He has been holding these positions since the year 2006 begi nning from the month of January. He was born in the year 1949 on July 15th in the Al Maktoum house in Shindagha, which is located near a famous stream of Dubai. He has been deploying his wide assortment of duties since 2006 in a very skillful and effective manner, which substantiates his competence. Also, he has been able to work upon the interests of the public which puts him in a very good position as a forward thinking leader. He had been witnessed to get involved in various activities i.e. allowing free funds in mosques and launching initiatives to support the World Health Organization (WHO) among various other activities, which prove his loyalty for the people along with his forward thinking characteristic. In addition, he displayed his leadership attributes in a diversified and well-grounded manner. There are many instances and events that corroborate his valuable contributions towards the region where he leads. In the month September 2007, it has been reported that he launche d the Dubai Cares campaign. This campaign was primarily launched for the purpose of raising money in order to educate around 1 million children in most of the poor countries. The broader aim of the campaign was to ensure Dubai's active involvement to the United Nations Millennium Development Goals. It was essentially targeted for offering the ‘Children’s Primary Education to every child’ in the UN by 2015. The amount which was donated for this campaign

Politics of Health in America Essay Example for Free

Politics of Health in America Essay The healthcare system in America is one of the hot button issues in this and every election because things are only getting worse, while not coming close to getting better. Rising healthcare costs are bringing brought on by huge hospitals that can charge as much as they want for service. Compounding the problem is the fact that many Americans cannot afford healthcare insurance in order to foot the bill for their expensive care. As the Michael Moore film, Sicko, indicates, the healthcare crisis in America is far reaching and there does not seem to be a solution on the horizon. With more and more people missing out on insurance because of basic primal greed from hospitals and insurance companies, there exists a huge problem that is sure to hinder the development of American society. Facing the biggest problems in light of this healthcare crisis are women, who need a more advanced form of care than their male counterparts. Without access to healthcare insurance, millions of women are not able to acquire the medical care that is essential to their overall health.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The American healthcare system is one that is designed to rely primarily on health insurance. Without health insurance, a majority of both basic and advanced medical procedures would not be possible for any people. The primary problem with the system is that now, health insurance companies are not doing their job anymore. Instead of being an affordable option for common people who seek to protect themselves against medical emergency, these companies are now in the business of gouging patients and withholding insurance to those that are less fortunate. The American model is not the prevailing system that is used elsewhere in the world. In places like Canada and in most of Europe, nationalized healthcare is the order of the day. Those governments do not mess around with insurance companies and they make sure that healthcare is readily available to anyone that needs it. This is an expensive, but effective way to make sure that each person is cared for. Women are specifically targeted for care under European models. In England, the national healthcare system has seen some problems, but for the most part, the nationalized nature of the system makes sure that just about anyone that needs treatment can get that treatment.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue at the heart of the healthcare debate is over the uninsured folks that have a hard time securing healthcare. In the United States, that number is steadily growing with each passing year. This is something that Michael Moore is quick to point out in his film and it is an essential part of the argument for a national healthcare system. According to a July article from the Associated Press, â€Å"Just this past week, the Centers for Disease Control and Prevention estimated there are about 43.6 million uninsured people in the country† (AP). Though that number does not represent a majority of the population, it is a significant portion of a civilized country that would have absolutely no way of getting healthcare in case of a medical emergency. Should cancer strike any of that contingent of Americans, they would have no way of coming up with the thousands of dollars for treatment.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another important healthcare consideration that is taken into account in Michael Moore’s film is the disparity between the rich and the poor. This is what is really at the heart of the matter. Those with money can afford to purchase the insurance that will protect them, while those without money cannot afford insurance. Making it even worse is the fact that the jobs that give the benefit of included healthcare insurance are the jobs that actually pay people enough to afford insurance. Presidential candidate Barack Obama has taken a stance on the issue and he has clearly defined the need for more healthcare for the poor in the United States. A January Washington Post article sheds light on Obama’s opinion on the matter. In that article, Nedra Pickler writes, â€Å"He (Obama) said its wrong that 46 million in this country are uninsured when the country spends more than any one else on health care. He said Americans pay $15 billion in taxes to help care for the uninsured† (Pickler). Obama has put a specific focus on the medical plight of poor women, who are often the biggest victims in the entire ordeal. Without a national healthcare system, the rising cost of women’s care in America makes it impossible for a large chunk of the country’s ladies to keep up.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For those that do not have a huge amount of understanding on women’s care and how involved it is, the situation is a difficult one to understand. While men can get away with not going to the doctor for a period of months or years, women have to have check-ups in order to stay healthy enough to have children. This must be a huge focus for American society, especially as fertility rates keep falling for women in the country. Doctors are becoming much more specialized in this day and age, so their services are costing more. Gynecologists are no different, so insurance companies are being asked to pay more for that service. Even more important than the standard checkup is the entire situation of pregnancy. Women need to see a doctor every two to three weeks during pregnancy to make sure that everything is alright in their body and for their baby. This need comes in addition to the standard medical procedures that women must undertake to make sure that they stay in good condition.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Women are among the most neglected when it comes to insurance in the United States. This correlation between gender and income is an important statistic to consider when forming opinions about the plight of the national healthcare system. Though the current system was certainly not written in a way that it would intentionally preclude women, the reality of the situation has almost made it look that way. Median income levels are lower for women in American than they are for men. It is much more difficult for women, be they white, black, Hispanic or any other race, to get a high paying job or one that offers full healthcare benefits. Though insurance companies might be precluding women from involvement, pregnancy has not been nearly as kind. There is no discrimination when it comes to that, as a poor woman is just as likely to get pregnant as a rich woman. Still, adequate care must be provided through the process of pregnancy and such care cannot be provided without the proper healthcare protection. The Christiane Northup book, Women’s Body, Women’s Wisdom, breaks down pregnancy in the following terms. â€Å"Pregnancy is a miraculous process and should be a time when a woman makes every effort to tune in to her body and baby with the support of her surroundings. For centuries, midwives helped mothers through the pregnancy and birthing processes, standing by them with medical and emotional aid† (Northup). This quotation clearly shows the need for assistance in a number of different areas for women during pregnancy. It is something that cannot be ignored for many women, as they seek to have the best pregnancy possible.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another thing to consider in all of this is the plight of single mothers in America. Recent sociological trends are indicating that more and more women are having children out of wedlock. Without a man present to help foot the bill for pregnancy costs, women without healthcare have an even more difficult time coming up with the money to pay for their own care. This is a trend that does not seem to be going anywhere anytime soon, so it is imperative that the overriding problems get fixed before things get worse. Moore attacks this in Sicko, as he feels that single mothers are some of the biggest victims of the current healthcare system.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   According to Moore, single mothers are not the only victims in this situation. Though the politically correct notion is not to speak about race in regards to healthcare, the reality of the situation is that minority women are being left out at an alarming rate. An Amanda Gardner report in HealthDay speaks to the overall lackluster support that women have from the current healthcare system. Gardner writes, â€Å"No state met the goal for access to health insurance. Nationwide, 18 percent of women aged 18 to 64 were uninsured. In 2007, five states decreased Medicaid eligibility levels for working parents, making it more difficult for low-income people to get insurance† (Gardner). This trend has had a profound impact on minority mothers, who statistics show are working hard to provide for their children and also take care of themselves medically.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In his movie Sicko, Michael Moore does not shy away from the topic of women and how they are affected by the current healthcare system. In fact, Moore makes it a point to break down how they are often the most mistreated of any of the demographic areas. A Kyle Smith article in the New York Post makes a large effort to disparage the work of Michael Moore, but it does lend light on one example from Moore’s film where the focus is clearly placed upon mistreated women. In the article, Kyle Smith writes, â€Å"Perhaps the most absurd example is that of the woman who says that after she received benefits, the check was stopped because she had previously suffered an undisclosed yeast infection† (Smith). If the story from the woman in the film is true, then the problems within the system are so apparent and so flawed that securing healthcare is almost a hopeless venture for many women within the United States. Moore has harsh criticism for the current system in its exploitation of women financially. Because the current system is one that rewards doctors and insurance companies on the amount of work they can do, it directly impacts women. As mentioned previously, women have a greater reason to head to the doctor for a plethora of events. Under the current system, women are even discouraged from heading to the doctor in order to get the care that they so desperately need. Instead of going to the doctor to get care for themselves and their unborn children, women are being asked to limit their visits in an effort to save money. This is unfair and unsafe, according to Moore. His proposed implementation of a national healthcare system would take care of this issue, as it would shift the burden to all of the taxpayers and would insure that distribution of healthcare is on a need basis. That means that women would not feel pressured and they could head to the doctor’s office freely and without worry.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Michael Moore is not shy about offering up solutions for a better system. In his film, he specifically refers to the national healthcare systems used by much of Europe and Canada. He proposes that if America were to go to a taxpayer funded national healthcare system, like the one proposed by Obama, things would get much easier for women specifically. They would not only have unlimited care at their immediate disposal, but women would also have top notch care that is necessary. With fertility levels dropping and that causing problems to other national systems like Social Security, it is essential that the federal government takes action to help women protect themselves and their ability to have children. According to Moore, a federal system in which socialized medicine is offered will be the best scenario for women in the United States.   Works Cited Smith, Kyle. 19 June 2007. New York Post. Botched Operation: Crazy Moore Offers Wrong Prescription. http://www.nypost.com/seven/06192007/entertainment/movies/botched_operation_movies_kyle_smith.htm?page=0 Gardner, Amanda. 17 October 2007. HealthDay. U.S. Women’s Health Care Still Falls Short: Report. http://www.healthday.com/Article.asp?AID=609217 Associated Press. 2 July 2007. Little Defense for U.S. Health Care of ‘Sicko’. http://www.msnbc.msn.com/id/19552132/ Nedra, Pickler. The Associated Press. 25 January 2007. Obama Calls for Universal Health Care. http://www.washingtonpost.com/wpdyn/content/article/2007/01/25/AR2007012500764.html