Journal Rnheals

When you do nothing, you feel overwhelmed and powerless. But when you get involved, you feel the sense of hope and accomplishment that comes from knowing you are working to make things better. As we start again our duty in the Rural Health Unit, we came into and agreed upon that we would be having our rotational schedule so that we would be convenient enough in rendering our services to our clientele.We have this attitude of being lazy sometimes because of this tiredness given by this paper works and so many tasks outside the Rural Health Unit, so to avoid pinpointing to our colleagues it is better to have this weekly rotational task to balance everything the situation inside and outside the Rural Health Unit, and to have a well-organized and effective quality of service to our patients.We have different areas in the Rural health Unit: Public assistance desk wherein we caught the attention of our incoming patients, ask the names who needs our service, gets the weight, height, give th e numbers in order, and give consideration to Senior Citizens, Pads and Pregnant women; Admission area: we sees the patients situation carefully , ask his/her chief complaint and conduct NC profiling regularly; Records Section: secures the family folder of the patient; Vital signs: Takes Blood pressure, respiratory rate, pulse rate, temperature; Call Center: Organizes the folders by number giving consideration for emergency cases, and calls the patient's name; Treatment area: Carries out Doctor's order, gives the right medications as ordered same as gives instructions and health teachings, assists in minor cases like suturing lacerated wound, does wound dressing; Special Lane:prioritize the senior citizens, pregnant women and Pads.And as we continue our service in the community we are again preparing for our monthly Family Development Secessionist our ACT families. Preparation arises when we had the schedule of our respected catchments. And for this month we guesthouse in Dengue, wh ich is incorporated this rainy season and it is one of the programs of the Department of Health. Basic information regarding dengue were taught to them, most especially the AS Contra DENGUE, which includes: Search and Destroy, Self- Protection Measures, Seek Immediate Consultation and Say NO to Indiscriminate fogging. That time, my ACT families together with my partner bargain were attentive enough in the discussion proper because somehow they have an idea regarding Dengue.Before the discussion proper happened, it is also our responsibility to check on their materials, especially their notebooks, ball pens, and of course their ACT Cards, and Totalitarian because this will serve as their attendance sheet to our Municipal Link, as a proof that they attended their monthly Family Development Allendale of activities for this month, which includes: National Kidney Month, No Smoking Month, Prostate Cancer Awareness Month 14 – World Blood Donor Day 14-18 25 26 – Safe Kids Week – DOD Anniversary – National Patient Safety Day – International Day Against Drug Abuse and Illicit Trafficking. These information were dispensed for them to be aware and be prepared for such circumstances.Since we are now part of the RAH family we need to have a thorough communication between our staffs and us Renewals especially with regards to work proper. It was hen that AMA May called our attention and our Midwives to have a convergence. She reminded us the tasks that we are expected to do inside the RAH and in the community that we should know how to balance and prioritize everything. Next, we had this so called open forum with our head nurse, AMA Myra because she was out for almost three weeks and she was not there to check on us. This open forum was done to listen to our colleagues on what was in their minds regarding our attitudes; the positive and negative ones.We speak out our issues and concerns with each there and naturally we settled all by giving one another a chance to talk and explained his/her part. Independence Day had come and we were invited in the Tree Planting Program of the Municipal Level at Bargain Amputation, Gallium's, ‘locos Sure. The companions we had were; Mayor Bilingual, the municipal staff, our police officers, and the RAH staff. There are three kinds of seedlings that we planted; we had this Mahogany tree, Melinda Tree, and the Coconut seedling. We were given attendance sheet by the representative of the EDEN to ensure that we had done the program. Management Meeting, held last June 20, 2013 at the old SUB-Municipal Hall.The meeting was composed of the different Bargain Captains, Chairman Committee on health in each bargain, Municipal Link-AMA Crisping Securing, DILL outgoing-AMA Amelia Roding, representative of CHAT partners, Bargain Health Worker president, Midwives, Renewals, RAMP, DOD Representative-AMA May Belabor and Doctor Santos, our Municipal Health Officer. This meeting was intended to giv e some reports and reviews regarding the KIP Project of the Department of Health and to present the efferent problems we had encountered during our community work especially during the Family Development Session and when it comes to the voluntary work of our CHAT partners, we asked questions and gave them answers and vice versa.Likewise, we had presented the different activities and accomplishments during our six month stay in the RAH and in the community. Despite of the stress and hard works in the Rural Health Unit and in the community, we always find time to make ourselves free from those stresses, find time to enjoy and make a day of fun. Time to share happiness and fun with our family in the Rural Health Unit. LEARNING INSIGHTS Responsibility walks hand in hand with capacity and power. Lam unpredictable, I never know where I'm going until I get there, I'm so random, I'm always growing, learning, changing, I'm never the same person twice. But one thing you can be sure of about m e; is I will always do exactly what I want to do.With our six month stay in the RAH we had so much things to enjoy and learn, it was then that I realize and questioned myself if I learned anything, well, I am proud to say hat YES I learned a lot in my stay at the RAH. I always dreamt to have a work in the hospital but this opportunity came through and I never neglected accepting this Job. During our meeting with AMA May and our Midwives, it reminds me with the work we should do, balancing everything and proportioning is very important because we have those days that we really need each other's help, and there is nothing wrong with that particularly in rendering patients care in the RAH level.During my Family Development Session with my ACT families, it was then that my attendance and value of communication was given to them. I had the chance to confront them together with my CHAT partners and I ask them frankly why they can accomplish their reports correctly and the forms were not c ompletely filled up. And have a schedule in doing the profiling, I will be accompanying them going to the houses of the NETS-PR families in their bargain so that there will be no reason again that they will not be able to comply. In order to enjoy the companion of others, we must have these characteristics; know how to share your experiences with others, respect one another, trust him/her, coprolite/give and take attitude, and have a mutual enjoyment.We are all born unique and with that uniqueness we are different individuals and we all have different personalities that we can share to the people around us. As we grow everyday, we cannot assure ourselves and others that we can't commit mistakes, we all have lapses and differences that we can't avoid to happen but be sure that those things were not intended to make yourself down and to hurt others; this will serve as your guide to make yourself better and uplift the people that surrounds you. With hat open forum, AMA Myra reinforced us again with our duties and responsibilities as individuals that we came to forget at times because we are already crossing the line. Everyday is a chance of learning.If we need to ask, we ask, don't Just do the thing without consulting others, and if you really want to learn don't be afraid to ask, we are not all equipped with others knowledge but by asking them we would be able to know and make things right without worsening it, avoiding mistakes, and lessening anomalies. Remember, we are dealing with people's lives. To be an initiator is your tipping stone to be a good leader, we are all leaders and we all have the right to listen with others thought and suggestions. Uplift the moral of others and learn to accept mistakes and change for the better not for worst because in the end still we are one. Being involved in the Tree Planting Program shows your love, concern, care, and respect in your environment. I was really hoping that I will be enjoying this event and I was not failed . I had fun and enjoyed, get to know with other municipal staffs and police officers.We Joined together as we plant the seedlings of different kinds, this ill serve as our contribution in conserving and protecting our mother earth and we will gain the statement of â€Å"Anglicanism ay Cayman†. Stress, stress, stress! That's my word to our DOD Representative 0. Preparation arises for the KIP and CHAT Management Team Meeting, pinpoint tasks to my colleague and work on different reports. Every now and then AMA May would call me, Angel do this, Angel check on this and so on. But that time made me not to think of tiredness and not give up because I wanted to make this meeting successful in part of the RAH staff, DOD, and other agencies involved.This had been a big break for me to see and challenge myself in managing such convergence as this. Cooperation was needed at this time and we had it, although some of my colleagues were talking some negative words still we came up into a su ccessful and meaningful meeting. Having initiative, being efficient and cooperative enough would be of great help in doing your responsibilities perfectly and absolutely. A big applause to each one of us! As the statement says, â€Å"KANANGA-KAYAK GUNG SAM-SAM! † With the said meeting regarding the problems in the community, here are some mints that we had noted: 0 Financial problems: The money given by the government were spent to other things.It makes the reason that they have no money for transportation to go in the RAH for their immediate consultation and Just wait for their health situation to worsen and needs treatment on higher facility. And for the reason that they have no money in giving birth in a birth facility they would still prefer to give birth in their home. 0 Consultations:still there are parent's who are not complying in the immunization of their child wherein they all know that it is very important and that's one of the best gift that they can give to them. Onto pregnant women, some of them were not having their prenatal check- ups, still there are hard- headed which may cause them the risks on pregnancy.

Declaration of the Rights of Men and of Citizens Essay

The Declaration of The Rights of Man and of Citizens begins with a clear stipulation of intrinsic freedom and equality in every man. Equality, therefore, seems to be an appropriate place to begin. The Declaration defines our equality in relation to our rights, such that we are all born with the same entitlements and among them the right to perpetuate such rights throughout our lives. Each and every one of us is entitled to the expression of the will of a community (which, according to Rousseau, is the collective will of the constituent individuals). In a similar light, the law is to regard each individual without bias; performing its duty of punishment or protection as justice sees fit. The sixth section of the declaration states that: â€Å"All being equal in its sight, are equally eligible to all honours, places and employments, according to their different abilities, without any other distinction than that created by their virtues and talents.† Effectually, this levels the metaphorical playing field, rightly empowers the skilful and the able while ensuring men are distinguished not by the colour of their skin, nor by their religion and neither by their wealth – but by their merits and abilities. Unfortunately that has never been so. There are a plethora of sordid historical examples that contravene section VI. The apartheid, holocaust and slave trade are amongst the many historical events that have grossly violated the former section. Nepotism, racism, sexism and segregation still ail society and contribute to its atrophic senescence. One audacious claim is that every man is innocent, until proven guilty by the law. The present Catholic Church disagrees, believing than everyone is born  with the burden of original sin. It is not the only body that believes in immediate guilt, many states (including China) adopt a judicial system, which operates on a contrary principle: that every man is guilty until proven innocent by the law. UNRESTRAINED COMMUNICATION Each individual is entitled to his own opinions, their expression and their communication (regardless of content and context). The Declaration explicitly iterates that this is a man’s most â€Å"precious right† and can only be annulled when it threatens the public order. The law establishes the threat. How exactly can you abuse the right of free speech? Who has the right to decide when freedom of speech is abused? A state may act unjustly towards the expression of politically or religiously sensitive opinions, as they may rouse widespread criticism and lead to an imbalance of governing power and authority. However, is it within the law’s rights to place the right to freedom of speech below its own interests? Such controversy is faced in places such as China and Russia. However, the uproar provoked by Julian Assange and Edward Snowden prove that the West cannot lay claims to an unmarred reputation of moral conduct. Individual intrinsic equality is never defined with autonomy, since it is always bordered by the canons of the law. The Declaration seems to state that the power of the law transcends the rights of man, as it may decide what is within and excluded from such rights. It is given the power to distinguish and determine. LAW The Declaration defines the primary duty of the law as an â€Å"expression of the will of the community† and that the law should only â€Å"[prohibit actions that are hurtful to society]†. It decrees, â€Å"what is not prohibited by the law, should not be hindered† and â€Å"the law ought to impose no other penalties but  such as are absolutely and evidently necessary†. The law is detailed as the decision-making faculty in society, it has the power to imprison, accuse, arrest, apprehend and (the two most important powers) to determine the extent at which one man may secure the liberal exercise of his own rights and to establish when public order is breached or threatened. So who deems what is â€Å"absolutely and evidently necessary†? Who holds the reins to the law? Shouldn’t the law be separate from the normal man, should it not occupy a different order of sovereignty? What gives another man the power to wield the scales of the law, is he superior to any other man that he may decide his counterpart’s fate? Who has the prerogative to empower another man with the sword and shield of the law? According to the declaration, â€Å"all citizens have a right†¦either personally, or by their representatives, in its formation†. So the populace, by right, has power over the law, which in turn, by right, has power over the populace. Ideally, this ascertains the equality of power. A cyclic system where the law changes with the people and adjusts itself accordingly as the essence of man itself changes; where any change in the attitudes of the people is reflected in a change in the law. Equilibrium is, therefore, maintained and this allows elasticity and exposes duality in the expression of power. This is by no means a moral system. By this definition, the law is as fickle as man and serves as an inadequate canon, an imitation canon to reassure us that we are a moral and just society. Though the Declaration implores the equal distribution of law, all being equal in its sight, it has managed to allow the atrocities committed in the past. The witch hunts, slave trade, oppression of women, exploitation of children and the inquisition are merely a few events where the latter section of the clause (â€Å"[the law] should be the same to all†) has been unpardonably violated. Is this the fault of the people? No, the fault lies with the educated  lawmakers, the â€Å"representatives†. REPRESENTATIVE The Declaration mentions lawmakers (or â€Å"representatives†) and their sole duty to express the will of the citizen. They are effectively the mouthpiece of the populace and are crucial for succinct communication between power and the people. In modern society, this role is prevalent in the majority of democratic states in the form of: Members of Parliament in the UK, Senators in the US and LegCo members in Hong Kong. Unfortunately, the representative role can be held responsible for neglecting its duties and promulgating laws in favour of the upper echelons of society throughout history. The Church is one of the main perpetrators, abusing its influence and power to serve its own needs or requirements. It can be held directly responsible for the frenzied witch-hunts, the inquisition and the violent reformation, which are some of the darkest events in history. Wealthy plantation owners all over the world perpetuated the slave trade, since their operations were extremely labour intensive and extensively profit orientated. Plantations could not profit if workers were to be paid and treated fairly; therefore requiring underpaid and exploitable workers. Since the role of a representative is conventionally a caste specific role, it is nearly impossible for a member of the â€Å"people† to ascend to this position. Therefore the role of a lawmaker is somewhat disconnected from the people and is, perhaps, inadvertently stifling the voice of the people. The representative has, of course, the same (equal) rights of the people and therefore is entitled to ambition. Though their duty is to represent and express the will of the people, it is – rather understandably – second only to their personal desires and demands. Self-satisfaction is ingrained within every single complex organism on this planet, so it is only natural to pursue your own interests and seek your own ends. However, those with power (and above all representatives and lawmakers) have  the means to meet their ends. The mere possession of power is corruptive and addictive. Those in the upper classes of society will, at the very least, strive to remain in the rung they nestle in; fearing a relegation to a lower status. Many will desire to advance and climb further from the people and manipulate the resources available to them in order to do so. Yet, it is the privileged that possess such resources or have access to certain opportunities that allow them to advance and the unprivileged that don’t, thereby consolidating caste preservation and setting the cyclic nature of disparity in place. This is where the voice of the people is lost in transmission. This is evident in the American taxation scheme, where the wealthy benefit from certain policies that permits income to be classified otherwise and thereby avoiding the maximum rate of taxation. The Republican Party immortalizes these policies, as it contributes to their socio-economic preservation. What seems not to be apparent is that there is no need to abuse power. The correct expression of power and fair distribution can only bring about what the Declaration suggests: a level playing field. It would encourage a Darwinian model of progression, where the socio-economic advance and preservation of an individual is reliant on performance, ability, talent, skill and virtue. COMMON CONTRIBUTION It is necessary, according to the declaration, for a common contribution. This is for the â€Å"support of the public force, and for defraying the other expenses of government†. The declaration states that this common contribution ought to be â€Å"divided equally† amongst all â€Å"according to their abilities†. The former of the statements still rings true today and is the only thing reputed to be certain (apart from death). The latter stipulation, regrettably, has not. Internationally most citizens are taxed on their income, on the goods they  purchase and the money they inherit. Yet no system of taxation is truly fair, as the law affords disproportionate contribution and means of evading certain taxation. This is most evident in America, where many high net worth investors pay a smaller percentage of their income than their middle class, working counterparts. This is achieved through exploiting the capital gains tax and the carried interest tax. As a result of such exploitation, Warren Buffet only paid a combined tax rate of 17.4% in 2010, where less affluent Americans contributed up to 45% of their income to the government. The declaration stipulates that â€Å"common contribution† should be divided â€Å"equally among members of the community according to their abilities†. A merit and ability based taxation scheme is fair and just. So how should a population be taxed (if they are to be taxed on ability)? Taxing on the basis of income seems not to work. Perhaps the rate of tax should be varied by age or perhaps determined by occupation (seeing as occupation is decided by ability). A problem that arises is that this would discourage hard work and penalize success. Thus resulting in a population hesitant to use their abilities and work to their full capacity.

Spanish Romantic Drama Essay Example | Topics and Well Written Essays - 2000 words

Spanish Romantic Drama - Essay Example Certainly, in comparison with the British, the German and even the French romantics, the Spanish appear rather theatrical and melodramatic. That does not mean, however, as some have suggested, that Spain never really experienced a European Romantic phase. Instead, the implication is that nineteenth century Spanish romanticism was distinguished from that common to Europe because it expressed the very nature of Spain itself; the land, the people, the national temperament, its myths and history. Spanish romanticism was, needless to say, incontrovertibly theatrical and highly melodramatic but only because it was expressive of the Spanish spirit itself. Indeed, Spanish romanticism was a creation of the Spanish spirit and, as such, was highly individualistic although rarely subjective; extrovert, rather than introvert; epic and dramatic, as compared to lyrical; satirical and comical, even as it expresses the tragedy of life; the anti-thesis of classicism even though it never rebels against it; and, rather than signal a rupture with earlier literary trends, acknowledged them. Spanish romanticism was, in other words, unique to the country itself. The highly emotive and theatrical nature of Spanish romanticism has been attested to be numerous critics, many of whom sought its defence by asserting it to be a politico-cultural genre of Romanticism which should not be evaluated against the criteria established by European Romanticism. Plaja, one of the first to offer a theoretical defence of Spanish romanticism against the accusation that it perverted classical Romantic renditions, claimed that it was a romantic reformulation of the Baroque tradition. 3 Peers, only partially agreeing with the aforementioned through a concession to the discrete threats of Baroque-ism which ran through the Spanish romantic literary tradition, defined it as a revival of Span's inherently romantic national culture and a rejection of both Europe and Europe's rejection of Spain.4 Eschewing both interpretations, Castro maintained that Spanish Romanticism was neither a transhistorical indigenous literary movement nor a revival of Baroque forms but an exploration and recreation of the self in response to metaphysical questionings and crises.5 While largely conceding to the uniqueness of Spanish romanticism, there is a persistent lack of consensus within literary circles regarding the theoretical framework and definitional parameters of Spanish romanticism. Accordingly, questions pertaining to the characteristics, peculiarities, definitional elements and sources of Spanish romanticism were central to a number of highly influential writings on the topic. These works which include King's "What is Spanish Romanticism"6 Shaw's "Towards the Understanding of Spanish Romanticism,"7 and Vincent Llorens' Liberales y romnticos, proceed from the premise that Spanish romanticism was not a literary phenomenon as much as it was a declaration of a shift in worldview. The political turmoil and conflict which Spain experienced at the onset of the nineteenth century and which forced many of its intellectuals, writers and statesmen, among them Duque de Rivas and Francisco Martinez de la Rosa, popularly regarded as the founders of Spanish rom anticism, into exile, ultimately lent to the articulation and adoption of a liberal worldview. Within literary circles, that liberal worldview translated into a romanticism which quintessentially Spanish and nostalgically nationalistic. It was, in other words, a "national-romantisme"8 and, as such, highly sentimental, lending to extremely theatrical dramatic productions. The sheer theatricality, however, of plays such as "Don lvaro o la fuerza del sino" and "La conjuracin de Venecia" should not, if understood from within

Ethics and corporate social responsibility Case Study

Ethics and corporate social responsibility - Case Study Example In this case, the company upholds a high level of responsibility to public and employees (Coca-Cola Company, 36). The other part focuses on offering the responsibility of employees to the company; in fact, this involves the scope of Code of Ethics that is applicable to managers and employees in the company and subsidiaries. There are orientation meetings that are held in every two years, where information regarding this Code of Ethics is offered to employees and they are expected to sign. Personal commitment of CEO to high standards of ethics Coca-Cola Company’s CEO has a high commitment to standards of ethics, whereby they are considered to be representatives of the company through their honesty, and consistency in every condition. In this case, CEO has a commitment of guiding employees in order to facilitate compliance to the Code of Ethics (Coca-Cola Company, 36). The CEO has the mandate of ensuring that managers in various departments, especially Human Resource department. Audits to ensure compliance with code Coca-Cola Company has an Internal Audit Department, which focuses on monitoring the operations and behaviors, which entail specified those that are stipulated in the Code of Ethics; thus, these audits are conducted regally in the organization annually (Coca-Cola Company, 36). Clear and logical consequences for failure to follow the code The Company has clear and logical implications of failing to comply with this Code of Ethics, whereby employees are subjected to penalties due to their misbehaviors. Moreover, there is detailed information concerning the process of punishment and it is entailed in the Code, and reviews of this Code of Ethics, which leads to necessity of making relevant alterations depending on stakeholders’ expectations. Environmental Stewardship Detailed assessment of the company’s environmental impact Coca-Cola Company has focus on being compliant with standards involves in operations that relate to supply chain, distribution channel and disposal of obsolete or broken products. In this case, this company is highly involved in recycling of bottles; in fact, this is a manifestation of their environmental stewardship (Coca-Cola Company, 50). On the other hand, obsolete products are disposed appropriately to avoid environmental pollution, besides most of these products are used to manufacture new products. Clear goals for improvement in each impact area The company has a goal of being complaint with provisions of legislation regarding the environment. In order to improve their impact area, the Company establishes procedures that facilitate employee compliance (Coca-Cola Company, 51). Therefore, the company established an obligation of their employees, whereby they are expected to comply with procedures and polices associated with environmental protection. Moreover, they are expected to give reports regarding any case of breaches to their managers and supervisors. Internal audits to ensure impro vements There are regular internal audits aimed at ensuring improvements through adaptation of objectives and principles. Therefore, continuous improvements involve activities that accomplish these objectives in regard to environment (Coca-Cola

Wollstonecraft assessment on women education Essay

Wollstonecraft assessment on women education - Essay Example To begin with, it would be advantageous to examine her views on the topic. One of the basic claims that she makes focuses on the idea that â€Å"women are miseducated rather than educated under the reigning system, debilitated and â€Å"depraved† physically from lack of exercise and excessive restrain, debased morally by being taught only to â€Å"abstain† from vice but not how to attain to virtue† (Johnson 32). This is a rather insightful approach since it undermines the whole education system of that time. The author mentions lack of physical education which results in both actual and abstract deprivation of power. In addition to that the moral health of women is also at risk. Moreover, Wollstonecraft appeals to emotions of the audience when she â€Å"relies heavily on the rhetoric, image, and idea of enslavement† (Buss, Macdonald and McWhir 100). While for her contemporaries slavery has nothing, but another phenomenon which takes place in society, the m odern people fully understand the dramatic comparison that this author made. What is more important is that Wollstonecraft does not simply acknowledge the problem, but points out the major obstacles on the way of coping with it. Thus, she â€Å"recognizes that monarchist miseducation of sexual character comes about through various societal institutions† (Laird 189). Indeed, it is rather hard to introduce any changes in society especially in her times: the social life was considered to be static and the above mentioned institution were dedicated to make sure that nothing would be changed in the accepted state of affairs. Finally, Wollstonecraft elaborated on the major problem of lives of women: she argues that â€Å"a woman trained only to be desired and flirtatious, who has then no means to satisfy herself after marriage except by continuing to work her charms† (Bach and Clements 113). In other words, there is not room for personal evolution that is left by the system. Wollstonecraft saw education as a viable

Banking and Finance Law Essay Example | Topics and Well Written Essays - 1250 words

Banking and Finance Law - Essay Example In the case at bar, the role of Bank A is an arranger as it is representing the borrower and not the participating banks, therefore, its obligations centered upon the borrower. Generally, the functions of the arranger starts upon its acceptance of the offer to arrange from the borrow and shall subsist until the time that the facility shall have been executed or in case of syndicated loan, its duties and obligations shall be deemed fulfilled at syndication when the participant banks are brought into direct contractual relations with the borrower2. Part of the duties of the arranger is to assist the borrower in drafting the Information Memorandum (IM), which will be circulated to prospective lenders/investors or in the case of syndication, to participating banks. Note that the IM is an instrument, which will be relied upon by the participating bank in assessing the nature of the investment and risk involved thereon. By this token, English law so for measures that will ensure that the p articipating bank will not be misled by unfounded claims set in the IM. The obligations of the arranger towards the participating banks in the case of syndication arise particularly during the negotiation stage and before the signing of the instruments of documents ratifying the facility. Breach of obligation to disclose the full state of the borrower or the misrepresentation of facts in the IM whether it is fraudulent or negligent in nature would give rise to both statutory breach and violation of established case laws. Fraudulent misrepresentation is the act of giving information knowing fully that it is not true. Fraud can also be deemed present where the arranger recklessly gives information without ascertaining its veracity and rending the facts disclosed as misleading. The key in this situation is that there is deceit in the act of the arranger as opposed to an innocent misrepresentation where the arranger believed in good faith in the truthfulness of the data disclosed.

Search warrants and warrantless searches, can either make or break a Research Paper

Search warrants and warrantless searches, can either make or break a criminal case - Research Paper Example the one that will determine whether the defendant will be free to go before the trial is conducted or whether to hold them in the cells to await the trial in the courts (Scheb, 2011). Warrants are orders from the court that are issued by the judge, magistrate or supreme court official, that authorizes law enforcement officers to perform a search of an individual, a certain place, or even a motor vehicle as a proof of a criminal offence that is happening or did happen. There are certain jurisdictions, which do respect the law, its rules and a basic right to privacy which puts constraints on the control of police investigators and forces them to require a search warrant in order to conduct any search (Gardner et al., 2009). There are only few scenarios where this rule of law can be accepted, and that is when there is a hot pursuit. This is mostly when a criminal decides to escape from the crime scene. The police are forced to run after them, and in this scenario they can enter by force into the property that he has chosen to hide (Bernnat et al., 2011). In United States of America under the Fourth Amendment to the United States Constitution, the police investigators are only required to conduct any search when having a warrant that has been issued by the judge, magistrate or the Supreme Court official. And this must also have a credible course. All the searches that are to be conducted have to be of a reasonable course and to the specifics. When a certain case from the archive is checked; Kentucky v.King, No.09-1272, where the ambush by the police in Lexington, was out of a mistaken judgment. The police officers witnessed a drug deal going on in a parking lot, and they hurriedly ran into a certain apartment house having a complex look for a suspect who had presently sold cocaine to an informer. When the case was heard by the Kentucky Supreme Court, the evidence was suppressed. It was stated that any risk of the drugs being destroyed was as an outcome of the

The creation and consumption of Pornography objectifies women Research Paper

The creation and consumption of Pornography objectifies women - Research Paper Example To objectify means to present or regard as an object. While the pornographic industry has presented women as objects, it is equally guilty of degrading women and belittling their status in the eyes of men, especially those who are subscribers to pornographic magazines. Back in the days before pornography was so rampant, social attitudes towards sex were that it was a deeply personal subject and public displays and discussions about it were strictly taboo. Then came the Golden Age of Porn, a period lasting from the 1960s to the 1980s, in which there was a movement for sexual liberation following the Flower Power revolution. ‘Make Love, Not War’ was a popular message on T-Shirts from the Woodstock era. It opened the way to live-ins and the love-child. Opportunists like Hugh Hefner and Larry Flynt saw a quick and easy way to make big bucks out of the changing scenario. Playboy was launched in 1953 and Hustler in 1974, making both of them millionaires in the process. Although there have been efforts to suppress pornography and the victimization of women from many quarters, the foremost objections coming from religious leaders, feminists and moralists, the evolution of the Internet, the profusion of media types and the effects of pornography’s rich contribution to the media industry have been some of the reasons even the Government is reluctant to take steps to stop this billion dollar industry (Schlosser, ‘Reefer Madness’, 32). It has been estimated that on the average, 70 percent of men between the ages of 18 and 34 years visit a pornographic website, a store or a brothel in a typical month. The sad thing is that the profusion of pornographic sites on the Internet has brought this evil right into our homes without much public outcry at all. Try as we might, pornography will prevail. The outrage is that not only do pornographic magazines demean women, they also help create sex offenders and weirdos by

Feminist Perspective of The Awakening by Kate Chopin Essay

Feminist Perspective of The Awakening by Kate Chopin - Essay Example Her interest in art is portrayed as one that directly corresponds to her lifestyle. The changes described in the novel relate to the confusion of her function as a female artist. Her ideas have made her confused resulting to the decay of her relationships and ultimately, her own death. The novel has three perspectives. The feminist perspective, historical perspective and the psychoanalytical perspective, however, we get to discuss the feminist in detail using Edna as its symbol. The feminist perspective will be discussed to portray the plight of women in the setting of this novel. Other characters are incorporated in brief discussion to define some norms in the society. The Awakening  is a  novel  written during a time that marriage was perceived to be a traditional rite of passage. The rules that applied then do not apply at the moment as people have evolved. Women at that time were forced to marry someone that was arranged for them. This way, the woman had no opinion on who she would marry. The father of the girl child would select a suitable husband for the girl and the girl had no alternative  other than  to marry the person selected for her (Chopin, 1994). Contrary, in today’s society, women can marry whoever they want to as they have a choice. Women then were forced into loveless marriages and Edna became a victim. This was carried out to create a good picture to the society. The novel outlines the plights  that  the women  faced. Marriage was something that suffocated them and Edna felt it was too much and that she needed to be more than just a mother and a wife. Edna did not want to settle and be like the rest of the women. She chose a different path, one that would not be restrictive to her. This led to her denial of her role to be a mother and a wife. She portrays this rejection slowly by slowly by being against the societal and natural beliefs of motherhood that existed in her society. Edna refuses to be identified as the

Gideon v. Wainwright Assignment Example | Topics and Well Written Essays - 250 words

Gideon v. Wainwright - Assignment Example This holding was informed by the rationale that it is common sense that lawyers form an integral part in the due process as they ensure that defendants get fair trial, which is not only criminal justice system’s objective but also constitutional requirement. The holding was also informed by the following precedents: Powell v Alabama; Smith v O’Grady, and Grosjean v American Press Co (Perry 46). The 14th Amendment imposes the obligation upon the States to appoint counsel for poor defendants. Since the defendants constitutional rights should be upheld at all times, defendants should have the right to have assistance of counsel for their defense. The 14th Amendment is very categorical that no State shall enforce any law which shall violate the immunities of the United States’ citizens; nor deny any person within their specific jurisdiction the equal protection as required by the law (Perry 11). Therefore, Gideon should have been entitled to defense counsel in the trial

Remember Reagan Essay Example for Free

Remember Reagan Essay The 1980 US presidential campaign pitted Republican Ronald Reagan against Democrat Jimmy Carter. Why do you think Reagan beat Carter? Reagan inherited an economy that was in bad shape. The prime lending rate was like 15%, credit cards were 15-25%, there was gas rationing and soaring inflation that was 20%. He had an economic plan that was about cutting government size, taxes and building the US military back up. People got fed up with Carter and the government taxes. Sounds kind of like the Tea Party movement†¦ Sort of. The Tea Party is about following the Constitution and amendments, cutting taxes and government size. But it is not a political party despite what most people think. They have conservative values for the most part like the Republican Party. Reagan linked his campaign to the spreading tax revolt by promising substantial tax cuts. Equally important, he called for restoration of American â€Å"strength† and â€Å"pride.† (Brinkley, Chapter 31, 2012). What did he actually do about this while in office? He had Reaganomics (supply-side economics). He cut taxes on the premise that businesses and investors could push the economy into growing after the energy crisis of the 70’s, high taxes and high interest rates on loans. The US economy blew up in the mid/ late 80’s. What about the size of the government? What did he do about that and what were the results? He cut government programs. I am not sure which. I think he did some cuts on Medicare and Medicaid. Low income housing. He broke the air traffic controller union after they tried to strike for better wages. They made way more than most already so he canned most of them. There were reductions in food stamps, subsidized low-income housing, limitations on Medicare and Medicaid payments, reductions in student loans, school lunches, and other educational programs; and an end to many forms of federal assistance to the states and cities (Brinkley, Chapter 31, 2012). He increased military spending tremendously instead. Why? The military was maligned by the media and most of the US population after Vietnam. There were huge defense cuts on programs that were deemed unnecessary like the F-15 fighter which is now seen as a renowned fighter platform. According to the book Reagan’s War, one of his most important campaign promises had been to restore American military might. After much internal debate over domestic policy, increased military spending and reduced social programs with his cabinet, Reagan is quoted as saying â€Å"I am the commander in chief; my primary responsibility is the security of the United States†¦ if we don’t have security, we’ll have no need for social programs†. But he made the national debt go up a lot. Yes he did. Part of Reagan’s plan was to combat the Soviet expansion by out spending them militarily. His advisors figured that the Soviet economy could not take much more due to huge expenses on their side. After the SALT treaty was negotiated, the Soviets continued to build 48,000 nuclear weapons. The agreed upon number was 25,000. The US stopped at the 15,000 units from the SALT treaty. KGB documents confirmed this after the Soviet breakup in the 90’s. Reagan just spent them into collapse knowing that they would try to keep up. The evil empire is no longer a threat. What about the Iran-Contra affair? What do you know about why and who? Reagan spent so much effort on the Soviet theatre that he was not able to do the same with third world threats like Nicaragua or the PLO. So he funded covert operations and weapons to prop up governments or oppose them depending on if they supported America. In the Iran Contra affair, he had the Israelis sell weapons to Iran who were to work to get hostages released from a terrorist organization. The money would then be funneled to pay for the Contras in Nicaragua that were fighting the communist Sandinistas. The administration was weakened as it was seen that hostages could be taken to get money and weapons. This is kind of the like the initial release of the hostages in 1980. What do you know about that? The US government tried to negotiate, rescue and embargo Iran for the hostages taken under Carters administration. They were released when Reagan was elected. He dealt from a position of power and the Iranians respected that. The US government eased economic sanctions prior to the release too†¦ What about religion? What did the new right and religious right have to do with the era of Reagan? Well, born again Christians were becoming more vocal in the 70’s. Pat Robertson, Falwell, Jim and Tammy Fay Baker. They had a lot of followers and money and they were conservative in their views. Abortion, feminism, homosexuality and the separation of church and state were all fought over. The right was for traditional values of the bible, against abortion, gays and some views of feminism. Reagan supported the same conservative views so he gathered much of their support. It also allowed him to tap into the financial support of this branch. How about the assassination attempt? Why did that happen? Sirhan Sirhan? No, John Hinkley, Jr. I think he (Hinkley) was in love with Jodie Foster and thought that Reagan was in the way. Shot him with a .22, but Reagan survived. He bounced back pretty quickly and became even more driven. References Brinkley, A. (2012). American History (14th ed.). Retrieved from The University of Phoenix eBook Collection database. Schewizer, P. (2002). Reagan’s War. New York, NY: Double Day.

Facts of the Case Essay Example for Free

Facts of the Case Essay New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to private developers. The city said developing the land would create jobs and increase tax revenues. Kelo Susette and others whose property was seized sued New London in state court. The property owners argued the city violated the Fifth Amendments takings clause, which guaranteed the government will not take private property for public use without just compensation. Specifically the property owners argued taking private property to sell to private developers was not public use. The Connecticut Supreme Court ruled for New London. In 1990, the city of New London was designated a distressed municipality. n6 The city was experiencing economic decline and suffered from an unemployment rate that was twice Connecticuts rate as a state. n7 As a result of these conditions, the New London Development Corporation (NLDC) was called upon by state and local officials to plan New Londons redevelopment. n8 After the NLDC developed a plan to build a Fort Trumbell State Park, Pfizer Inc., the pharmaceutical company, revealed its plan to build a $ 300 million research facility on a site immediately adjacent to Fort Trumbell. n9 The addition of Pfizer to the New London area was anticipated to entice other businesses to migrate to the city, effectively serving as a catalyst to the areas rejuvenation. n10 The NLDC received State approval, and the plan for Fort Trumbell State Park was completed. n11 The final plan for the Park encompassed services and businesses that would cap italize on the added commerce resulting from the inclusion of Pfizer to the area. n12 The NLDC intended to create jobs and increase tax revenue with the development plan, but the Park was also intended to bolster the areas aesthetic qualities and leisure activities. n13 The NLDC received permission from the city council to exercise eminent domain in the citys name, enabling it to acquire the property for the ninety-acre Park. n14 The NLDC was able to purchase most of the property in the target area; however, it was unable to secure fifteen pieces of real estate after negotiations. n15 One such piece of real estate was owned by Charles and Wilhelmina Dery who had lived on their property for over sixty years. n16 The properties of the nine owners who refused to sell, including the Derys property, were located in areas appropriated by the NLDC as sites for park support, such as parking, retail services, or office space. n17 In November of 2000, the NLDC condemned the fifteen properties that remained to be acquired in order for the development plan to advance. n18 LEGAL QUESTION: does a public purpose constitute a public use for purposes of the Fifth Amendments Taking Clause, nor shall private property be taken for public use, without just compensation? Specifically, does the Fifth Amendment, applicable to the states through the Due Process Clause of the Fourteenth Amendment (see main article: Incorporation of the Bill of Rights), protect landowners from the use of eminent domain for economic development, rather than, as in Berman, for the elimination of slums and blight? LENGTH: 8662 words STUDENT CASENOTE: Kelo v. City of New London NAME: Lia Sprague SUMMARY:? In Kelo v. City of New London, the Supreme Court debated whether the use of eminent domain for economic development purposes qualifies as a public use within the meaning of the Takings Clause of the Fifth Amendment to the Constitution. In November of 2000, the NLDC condemned the fifteen properties that remained to be acquired in order for the development plan to advance. Upon a finding that the proposed uses were not attributable to the above factors, the court affirmed the judgment for the parcel 3 takings and reversed the judgment regarding parcel 4A, allowing both parcels to be seized through eminent domain. The Court relied on this rationale to find that the use of private parties to further the public benefit was an acceptable method to achieve public use. Weighing this with the idea that transfers intended to confer benefits on particular, favored private entities, and with only incidental or pretextual public benefits, are forbidden by the Public Use clause, Justice Kennedy stated that courts should seriously investigate accusations of private party favoritism by the government entity. Justice Thomas agreed that replacing the words public use with public purpose effectively erased the Public Use Clause from the Fifth Amendment. Establishing such a safeguard appropriately balances the public policy concerns both supporting and criticizing the use of eminent domain for economic development. TEXT:? [*381] I. Introduction In Kelo v. City of New London, n1 the Supreme Court debated whether the use of eminent domain for economic development purposes qualifies as a public use within the meaning of the Takings Clause of the Fifth Amendment to the Constitution. n2 The city of New London attempted to use the power of eminent domain to seize property to give to private companies in order to increase commerce in the area. n3 The Court found that, deferring to precedent, the public use requirement had been interpreted broadly. n4 Accordingly, in a five-to-four vote, the Court held that New Londons plans constituted public use within the meaning of the Fifth Amendment to the Federal Constitution. n5 II. Statement of Facts A. New Londons Development Plan and the Taking In 1990, the city of New London was designated a distressed municipality. n6 The city was experiencing economic decline and suffered from an unemployment rate that was twice Connecticuts rate as a state. n7 As a result of these conditions, the New London Development Corporation (NLDC) was called upon by state and local officials to plan New Londons redevelopment. n8 After the NLDC developed a plan to build a Fort Trumbell State Park, Pfizer Inc. , the pharmaceutical company, revealed its plan to build a $ 300 million research facility on a site immediately adjacent to Fort Trumbell. n9 The addition of Pfizer to the New London area was anticipated to entice other businesses to migrate to the city, effectively serving as a catalyst to the areas rejuvenation. n10 The NLDC received State approval, and the plan for Fort Trumbell State Park was completed. n11 [*382] The final plan for the Park encompassed services and businesses that would capitalize on the added commerce resulting from the inclusion of Pfizer to the area. n12 The NLDC intended to create jobs and increase tax revenue with the development plan, but the Park was also intended to bolster the areas aesthetic qualities and leisure activities. n13 The NLDC received permission from the city council to exercise eminent domain in the citys name, enabling it to acquire the property for the ninety-acre Park. n14 The NLDC was able to purchase most of the property in the target area; however, it was unable to secure fifteen pieces of real estate after negotiations. n15 One such piece of real estate was owned by Charles and Wilhelmina Dery who had lived on their property for over sixty years. n16 The properties of the nine owners who refused to sell, including the Derys property, were located in areas appropriated by the NLDC as sites for park support, such as parking, retail services, or office space. n17 In November of 2000, the NLDC condemned the fifteen properties that remained to be acquired in order for the development plan to advance. n18 B. The Procedural History Petitioners filed suit in the Superior Court of Connecticut for the Judicial District of New London seeking injunctive relief to prevent the acquisition of their property through the use of eminent domain. n19 Petitioners argued that the takings at issue could not satisfy the public use requirement of Article 1 Â § 11 of the Connecticut Constitution (equivalent to the Fifth Amendment of the Constitution of the United States) which reads in pertinent part: The property of no person shall be taken for public use, without just compensation therefor[e]. n20 The petitioners submitted that a taking cannot be for a public use if it is motivated by a private entity. . . and if ultimately a private entity is to determine the fate of the property owners. . . . n21 The Superior Court found that broad statements on public use and deference to the legislature must be qualified. n22 The Superior Court further stated of its role in eminent domain actions: If the court considers the [*383] purpose not to be reasonable or connected to a valid public use, it is the duty of the court to declare the act authorizing the taking as unconstitutional. n23 After review of the facts, the Superior Court held that the statements regarding the use of parcel 4A were too vague and uncertain to allow the court to conclude the takings here [were] necessary and would not be unreasonable. n24 The court granted a permanent injunction against destroying the properties located in parcel 4A and granted a temporary injunction against the destruction of the properties in parcel 3 after finding that the takings were justified as to allow the petitioners to appeal without losing their homes. n25 Both parties appealed the trial courts judgment to the Supreme Court of Connecticut. n26 The appellate court stated that since the takings were authorized by the legislature, the standard the judiciary must apply was one of unreasonableness, bad faith, or abuse of power. n27 Upon a finding that the proposed uses were not attributable to the above factors, the court affirmed the judgment for the parcel 3 takings and reversed the judgment regarding parcel 4A, allowing both parcels to be seized through eminent domain. n28 The Supreme Court of the United States granted certiorari and affirmed the judgment of the Supreme Court of Connecticut. n29 III. Decision and Rationale A. The Majority Opinion of the Court The Supreme Court held that the takings proposed by the City for the purpose of economic development are for a public use as directed by the Fifth Amendment to the Federal Constitution. n30 It has been well established that the government is barred from taking private property solely for the purpose of transferring it to a private entity for its use. n31 The Court analyzed whether New London would be barred from taking property from petitioners to allocate to private parties for support services for Pfizer, a private corporation. n32 In order for the takings at issue here to violate the public use [*384] clause, the plan must have been adopted with the purpose of benefiting a particular class of identifiable individuals. n33 The Court stated that the governments pursuit of a public purpose will often benefit individual private parties. n34 The Court directed the focus to be on the future use of the taking, rather than on the immediate benefit. n35 The Court warned that by focusing solely on the benefit to private parties, the purpose of [the] taking becomes confused with the mechanics of how the resulting public benefit was accomplished. n36 The Court relied on this rationale to find that the use of private parties to further the public benefit was an acceptable method to achieve public use. However, a determination still had to be made regarding whether the development plan encompassed public use of the condemned property. n37 Even though, in this case, the property would not be opened for use by the general public, the Court had previously embraced a broad interpretation of public use that was satisfied in this situation. n38 At the end of the nineteenth century, the Court began to apply a public purpose standard, effectively rejecting the notion that the general public must be allowed actual use of the taken property. n39 Therefore, the Court applied this public purpose standard to New Londons development plan which promoted creating jobs, generating tax revenue, and helping to build momentum for the revitalization of downtown New London. n40 The Court examined how the concept of eminent domain met the changing needs of society during its public purpose analysis. n41 In Berman v. Parker, n42 the Court upheld a plan seeking to distribute property in a blighted area to both public and private entities for the purpose of redevelopment and found that non-blighted property was still a justified taking because the project was analyzed as a whole. n43 Thirty years later, the Court decided Hawaii Housing Authority v. Midkiff n44 where it found that the elimination of a land oligopoly was a sufficient public use even though the property was put back in the hands of private parties. n45 In the same year, the [*385] Court held in Ruckleshaus v. Monsanto n46 that the benefit to competition in the pesticide market outweighed any benefit given to subsequent applicants. n47 The Court applied this trend of increasingly broad interpretations of the phrase public use to the facts of the present case and found that New Londons redevelopment plan served a public purpose. n48 New London developed a plan that it hoped would enable the city to overcome its economic strains. This plan included a variety of commercial, residential, and recreational uses of land, with the hope that they [would] form a whole greater than the sum of its parts. n49 According to Berman, the Court cannot judge the plan on a piecemeal basis, but must examine the possible outcomes of the plan as a whole. n50 The Court compared the economic benefit in this case to the previously mentioned cases and found no reason to distinguish between economic benefit received through tax revenue and increased job prospects from the economic benefits that have been previously upheld by the Court. n51 This rationale was further justified after looking at New Londons development plan. n52 Courts have long deferred to the decisions of state legislatures, absent a showing that the purpose was illegitimate or that the taking was validated by irrational justification. n53 The Courts position is to adjudicate the issue of public use and once that issue has been resolved, the legislature may use its discretion in determining by what means the plan will be accomplished. n54 The Court pointed out that states are able to place restrictions on its ability to procure property through eminent domain. n55 In this case, Connecticut had a statute specifically permitting the use of eminent domain for economic development. n56 As a result of this deference to legislation, combined with a broad interpretation of public use and the allowance of private parties as an intermediary towards the final goal of public purpose, the Court held that New Londons proposed takings satisfied the [*386] public use requirement of the Fifth Amendment of the Federal Constitution. n57 B. The Concurring Opinion of Justice Kennedy Justice Kennedy emphasized the utilization of a rational-basis standard of review for cases analyzing the public use clause. n58 Weighing this with the idea that transfers intended to confer benefits on particular, favored private entities, and with only incidental or pretextual public benefits, are forbidden by the Public Use clause, Justice Kennedy stated that courts should seriously investigate accusations of private party favoritism by the government entity. n59 Petitioners attempted to establish a need for a rule that presumptively invalidates any takings for purposes of economic development in order to allow the Court to discover the true motives behind the takings. n60 Justice Kennedy pointed out that the trial court in this case carefully examined the evidence and found that the primary motivation of the plan was to utilize Pfizers presence in the city to create an increase in commerce, a finding that eliminated the need to establish a higher standard of review in this case. n61 He was careful to note that some cases may warrant a presumption of invalidity. n62 However, Justice Kennedy stated that because the city developed a plan with substantial anticipated economic benefits that was subject to the review of the citys underlying motivations, and because the identities of the private entities were not established at the onset of the development planning, this case presented no circumstances that would justify an increased standard of review. C. The Dissenting Opinion of Justice OConnor, joined by the Chief Justice, Justice Scalia, and Justice Thomas Justice OConnor disagreed with the majoritys opinion which stated that there were incidental private benefits in this case that were inferior to a substantial public benefit. n63 She felt that the reverse was true, and that by ruling in such a way, the Court had effectivelydelete[d] the words for public use from the Takings Clause of the Fifth Amendment. n64 This was consistent with the petitioners argument stating that the government may not take their property for the private use of other owners simply because the [*387] new owners may make more productive use of the property. n65 The premise of this argument was based upon the judiciarys position to determine the meaning of public use as it differed from the legislatures opinion. n66 Justice OConnor conceded that the Court should defer to the legislatures determination of what constitutes public use. n67 However, if the legislatures power to define this term was unlimited, without the possibility of a review from the judiciary branch, the Public Use Clause would amount to little more than hortatory fluff. n68 Justice OConnor recognized that certain circumstances exist in which the Public Use Clause should be interpreted broadly. She disagreed, however, that this should be a generalized holding allowing the inclusion of economic development as a public purpose. n69 As support for this argument, Justice OConnor distinguished two of the cases upon which the majority relied to reach their holding. n70 In Berman, the Court upheld a taking of blighted property, part of which was passed to private parties for the sake of redevelopment. n71 Congress had determined that the blighted area was hazardous to the health, safety, morals, and welfare, and thus eminent domain was appropriate to eliminate these conditions. n72 Looking at the neighborhood as a whole, the public purpose of eliminating hazardous conditions took precedence over allowing an owner of a non-blighted store to keep his property. n73 In Midkiff, the Court upheld a taking for the purpose of eliminating a land oligopoly that was skewing the States residential fee simple market, inflating land prices, and injuring the public tranquility and welfare. n74 Justice OConnor distinguished the two cases from the case at bar because the takings in Berman and Midkiff eliminated an affirmative harm on society rather than the public receiving a benefit that was secondary to private parties benefit. n75 By distinguishing the above cases, Justice OConnor found that precedent did not compel the majority to uphold such a broad rule that contained no limitations. n76 [*388] D. The Dissenting Opinion of Justice Thomas Justice Thomas agreed that replacing the words public use with public purpose effectively erased the Public Use Clause from the Fifth Amendment. n77 He stated that the present case is not the only case that has misconstrued the Takings Clause; rather, the line of cases leading up to the present have strayed from the Clauses original meaning. n78 Examining the language of the Fifth Amendment, Justice Thomas concluded that the phrase public use would be unnecessary verbiage if not interpreted as a limitation, and thus states that the Public Use Clause is therefore an express limit on the governments power of eminent domain. n79 After examining the plain language of the public use requirement, Justice Thomas further concluded that the drafters intended the clause to carry a narrow meaning requiring actual public employment of the taken property. n80 He also analyzed the Constitutions common-law background as well as the historical uses of eminent domain to reach the same narrow definition of public use. n81 Justice Thomas then examined a case relied on by the majority, Fallbrook Irrigation Dist. v. Bradley, n82 by stating that the majority improperly relied on dicta in the case that was unnecessarily broad and cited no supporting authority. n83 This reasoning was brought up again by Justice Thomas when discussing United States v. Gettysburg Electric R. Co. , n84 from which the court relied on dicta stating that the judiciary shall respect the legislatures judgment when deciding a question of public use unless that judgment is unreasonable. n85 Justice Thomas claimed that the courts should not exhibit deference to the decisions of the legislature in such cases because a court owes no deference to a legislatures judgment concerning the quintessentially legal question of whether the government owns, or the public has a legal right to use, the taken property. n86 He also hypothesized that the Framers would not have subjected only the Public Use Clause to legislative deference out of all the provisions of the Bill of Rights. n87 He further argued that the Public Use Clause limits the legislative power of eminent domain, and thus by removing [*389] the power of the judiciary to oversee the limitation of that power, the purpose of the Clause is eliminated. n88 He analyzed the two cases Berman and Midkiff, and stated that the Court was wrong in those cases to equate the eminent domain power with the police power of the States. n89 He differentiated the two powers by concluding that the customary uses of police power do not require compensation to the citizens, while the uses of eminent domain always require compensation, concluding that the two powers were separate. n90 Justice Thomas further concluded that the combination of the above factors constructively eliminates the Public Use Clause from the Fifth Amendment, and he therefore stated that the appropriate interpretation of public use is that the property be used by the government or the public. n91 IV. Analysis Public policy dictates that the government should not be expected to compensate owners that hold out on selling their property in order to demand an unreasonably high payment. The Takings Clause of the Fifth Amendment effectively overcomes this societal detriment; however, the public policy benefit favoring governmental takings needs to be balanced against the public policy favoring a citizens right to keep his property. With this in mind, the Framers added the Public Use Clause to the Fifth Amendment in order to limit the governments power to exercise eminent domain at its own discretion. Courts also need to remember this desire for balance between competing public policy issues when interpreting the Public Use Clause. The Supreme Court has gradually shaped the Public Use Clause to allow, in theory, any taking by the government that benefits the public regardless of whether that proposed effect is primary or secondary, substantial or minimal. The latest holding regarding eminent domain from the Supreme Court in Kelo allowed the taking of property for the abstract reasons of increased tax revenue and job opportunities. In the Courts holding, there were no express limitations on this new ability to confiscate property for such intangible benefits. Conversely, the Court stated that deference should be given to the legislatures decision of the appropriateness of the taking. n92 While the Court reviewed a comprehensive plan developed by the City outlining the intended uses of the condemned property, it did not require the City to show any proof that the intended uses [*390] were reasonably certain to result in the proposed public benefit. n93 The Court reasoned that if it were to impose such a requirement of proof, a significant impediment to the successful consummation of many such plans would result. n94 While there is a significant interest in promoting commerce, the Court seemingly overlooks the equally significant interest of affording homeowners protection from unnecessary takings. It seems reasonable to expect that if a city has an extensively planned development plan, such as was exhibited by the city of New London, it should further have planned out the financial details of such a development plan. This one additional step in the planning of the proposed takings could eliminate development plans that successfully complete the takings stage of the plan only to have the financing fall through, thus leaving the condemned homes empty and the land wasted. The law of waste is a basic property concept stating that land should be used in a way that maximizes the propertys value. n95 There can be no greater waste of property than to force owners to leave their homes and then allow the property to remain vacant while sources of funding are sought. There are many examples illustrating the aftermath of approving such a plan without forcing the legislature to obtain the means to institute that plan before issuing condemnation. n96 One particularly unjust case took place in Cincinnati, Ohio. n97 Nordstrom, the retail store, decided to locate in the city of Cincinnati. n98 However, a Walgreens store currently occupied the location that it wanted. n99 Walgreens agreed to move to a new location, but the new location was home to a CVS store. n100 The CVS store refused to move, and the city initiated condemnation proceedings in order to utilize its power of eminent domain, [*391] after which CVS agreed to settle. n101 The settlement required that the city move Walgreens to the lot across the street from CVS, which unfortunately held many small businesses of which the city condemned in order to give the land to Walgreens. n102 The problem looked resolved (at the expense of the small businesses that were forced to close their doors), but the city overlooked a clause in the agreement with Nordstrom. n103 Under the parties initial agreement, the city agreed to leave vacant the very parcel that it had just handed to Walgreens so that additional upscale' shops could be built adjacent to Nordstrom. n104 The city never rearranged the parcels, and Nordstrom never began building. n105 Nordstrom eventually announced that it would no longer be opening in Cincinnati on account of declining profit margins. n106 The city paved the vacant lot so that it could exist as a parking lot. n107 Luckily, a similar situation was resolved between the New London Development Corporation (NLDC) and Corcoran Jennison, the developer with whom the city contracted to build the hotel and convention center in Fort Trumbell. n108 An Associated Press article revealed that the NLDC claimed that Corcoran Jennison failed to find financing for the project and thus wanted to downgrade the quality of the hotel. n109 Corcoran Jennison rebutted that the NLDC was at fault because it set unrealistic standards for the hotel that were not economically feasible. n110 The president of the company, Marty Jones, stated that the company felt that the NLDCs tactics [did] not serve the communitys interests in generating timely economic development and new tax revenue at Fort Trumbull. n111 According to David Goebel, Chief Operating Officer of the NLDC, as of September 7, 2005, Corcoran Jennison has since obtained zoning approval for the plan and the plan is undergoing review as per the development agreement. n112 While funds have not been secured yet, the [*392] developer is currently pursuing final financial arrangements for construction of the hotel. n113 The fact that the city possessed an extensive proposed development plan could not have curtailed the dispute between the NLDC and the developer. The city is fortunate that it was able to compromise on its plan, thus preserving the premise that legitimized the takings, even though final funding is still absent from the project. However, a better safeguard than simply being fortunate should be required by the Court before upholding such takings. This safeguard is simple and legitimate; require proof to a reasonable certainty that such benefit will occur. If the city had been required to show proof of its financial backing, the developer would have been forced to find final funding before the condemnations were upheld by the Supreme Court. If the city of Cincinnati had been required to prove to a reasonable certainty that condemning small businesses for the sake of moving the Walgreens would allow a Nordstrom store to open in the city, perhaps city officials would not have missed the clause in the contract which delayed development of the store after which Nordstrom could no longer afford to open there. If the Court is unwilling to review the decisions of state legislatures, then it should impose a different safeguard for the property owners. This safeguard was appropriately suggested by the petitioners in Kelo and the benefit of such a review was promptly disregarded by the majority. n114 While it can be assumed that the legislature will not abuse its discretionary power, it is unreasonable to think a legislature that favors using eminent domain for the purposes of economic development will subject itself to safeguards favoring the property owners if it is not held to any review by the courts. With this in mind, some legislatures are taking it upon themselves to impose either stricter guidelines regulating the Public Use Clause or they are expressly stating that economic development is not a proper interpretation of public use. n115 This is evidenced by the fact that [j]ust five weeks after the U. S. Supreme Court upheld the use of eminent domain to seize private property for economic development, more than half of the states have introduced legislation to thwart potential abuses. n116 A legislative change route was suggested by the majority opinion and was apparently embraced by twenty-eight states. Such a change is also being embraced by federal legislation, as the House of Representatives is currently examining a bill that [*393] prohibits the dispersion of government funding to any city that uses eminent domain as a means to promote private commercial development. n117 While these twenty-eight states have taken the responsibility to ensure the fair treatment of their citizens, there remain twenty-two states that have not dealt with this pressing issue. For that reason, it is imperative that courts examine the possibility that the legislation might not have obtained all the avenues (and financing) necessary to achieve a successful result for both the city and the property owner. A balance can be struck between the needs of the public via eminent domain and the needs of the private property owner who is sacrificing his home for the public utility. The implication of a simple safeguard requiring a city to prove that its plan will be successful in achieving a public benefit is all that stands in the way of achieving this balance. V. Conclusion Eminent domain is a necessary action employed by legislatures for a variety of reasons. The Court held in Kelo v. City of New London that economic development was an appropriate reason for which eminent domain could be exercised. While noting that the city of New London possessed a comprehensive development plan, the Court imposed no express restrictions upon the ability of the legislature to exercise eminent domain for such purposes. The Court rejected the petitioners argument that the city should be required to show to a reasonable certainty that the public benefit would occur before the condemnation was allowed. This lack of legislative review by the Court constructively removed the Public Use Clause from the Fifth Amendment of the Federal Constitution as the legislature now has free reign with which to decide for itself whether a proposed taking constitutes public use. While there is an assumption that the legislature will not abuse its power when deciding to take its citizens property, it should not be assumed that the same legislature will take the appropriate measures to safeguard that its citizens property will be utilized successfully. These measures should be implemented by the Court in the form of a review requiring the city to show with a reasonable certainty that the public benefit will occur. Th

Methodologies of Microwave Amplifier Design

Methodologies of Microwave Amplifier Design 2.1 ACTIVE DEVICE SELECTION This chapter discusses various methodologies used in the design of single stage microwave amplifiers. Reaching the desired goals of gain, power loss and noise performance requires first selecting a suitable active device (transistor) that meets these goals. The rapid advances in transistor fabrication have permitted the traditional Si transistors to operate in the GHz re- gion. the increase for higher frequency operation drove the innovation of new novel devices with new materials, architectures and geometries Possibly the most significant difference be- tween microwave transistors and the lower frequency ones is in the area of materials. Although low-frequency transistors are fabricated mostly from silicon, the use more costly compound semiconductors like gallium arsenide (GaAs) and indium phosphide (InP) proves to be more economical at microwave frequencies because of their performance advantages over silicon. The demand for higher frequencies also produced sophisticated material c onfigurations like the heterojunction transistors which have no low-frequency counterparts. At low frequencies, microwave transistors can be broadly categorized into: the bipolar junc- tion transistors (BJTs) and the field-effect transistors (FETs). At lower frequencies, FETs con- tains the junction FET (JFET) and the metal oxide FET (MOSFET), structural characteristics limits their high frequency operation. GaAs metal semiconductor FET pushed the frequency of operation well into the GHz region. However, in the intervening decades, bipolar device caught up and now it is common to find BJTs operating at the GHz region. The selection of a suitable transistor for the required application is based on the targeted goals of gain, noise and power loss performance. In the following sections, the GaAs HJ-FET transistor NE3210S01 from Renessa Electronics will be used to illustrate the various meth- ods for selecting the appropriate terminations used in constructing matching networks for both narrowband and wideband operation. 2.2 MATCHING NETWORKS TOPOLOGIES Impedance matching involves transforming one impedance to the other. This process is useful in circuits where the mismatch between the source (ZS) and load (ZL) prevents maximum power transfer. Theorem states that for a maximum transfer of power from source to load. Load impedance (ZL) must be equal to the complex conjugate of the source impedance. Complex conjugate is complex impedance having the same real part with an opposite imaginary one. For example, if the source impedance is ZS =R+jX, then its complex conjugate must be ZL =R-jX. For a pure resistive load, equations (2.1) and (2.2) aided with Fig.2.1 shows that a maximum 4 power transfer occurs when RL=RS. VO= VS L RL + RS RL (2.1) PO= V2 S(RL+ RS)2 (2.2) (a) (b) Figure 2.1: (a) Pure resistive circuit with VS=1V and RS=1à ¢Ã¢â‚¬Å¾Ã‚ ¦, (b) Maxim power is delivered to the load when RL=RS The same concept can be applied to AC circuits with complex load and source. Equation.2.3 aided with figure Fig.2.2 shows that a maximum power transfer to the load occurs when XL= XS. The value of the power delivered to the load is given by: 1|VS|2 RL PO= 2 (R + RL )2 + (XS + XL (2.3) )2 Where the resistance RS and RL and the reactants XS, XL are the real and imaginary parts of ZS and ZL. The target in applying impedance matching to make the load impedance look like the complex conjugate of the source impedance to attain maximum power transfer to the load. This is shown in Fig. where a matching circuit is placed between points a,b shown in Fig to transfer the load impedance to the complex conjugate value of the source impedance. Since we are dealing with reactances, which are frequency dependent, the matching can occur only at single frequency. That is the frequency at whichXL= Xand, thus, cancellation or resonance occurs. At the surrounding frequencies, the matching becomes worse. This is the main problem in broadband matching where perfect or near perfect matching along the required bandwidth is required. The methods for narraowband and wideband matching is presented later in this chapter. In Fig.2.3b, numerous topologies can be used as a matching network. The shape of the topology can vary from a simple L, Ï€or T networks to a complex ladder circuit or filter design. The concept of matching network can be explained using the two simple L-Matching topologies shown in Fig.2.4a,2.4b. Both B and X values in Fig.2.4 must be chosen to satisfy the condition ZL=ZS*. To achieve this condition, both analytical methods, mostly with the aid of a computer, and graphical procedures, using the Smithchart, can be used. (a) (b)(c) Figure 2.2: (a) AC circuit with complex ZS and ZS, (b) For XS=j5, Maxim power is delivered to the load when XL=-j5 (c) For XS=-j5, Maxim power is delivered to the load when XL=j5 For the case of RL  ¿ Ro, the topology of Fig.2.4a is preferred, where B and X are given by:   RL  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   22 XL ± B= ZoRL+ XL−ZoRL (2.4) R22 L+ XL X= BZoRL−XL 1 − BXL (2.5) For the condition of RL ¡Ro the topology of Fig.2.4b is used with B and X given by: 1  Ã‚  Ã‚   Zo−RL B=  ± oL (2.6) X=  ±Ã‚   RL(Zo−RL) −XL(2.7) In both topologies of Fig.2.4, B and X represent either an inductor (L) or capacitor (C). The result is four simple L-matching networks as shown in Fig.2.5. (b) Figure 2.3: (a)Circuit before the matching network(b) Circit after adding the matching network. (a)(b) Figure 2.4: L-Matching topologies, a) used when RL  ¿ Ro, b) used when RL  ¡ Ro 2.3 NARROWBAND DESIGN METHODOLOGIES Analytical Solution Graphical Solution CAD Solution WIDEBAND DESIGN METHODOLOGIES Analytical Solution Graphical Solution CAD Solution (b) (c)(d) Figure 2.5: Four basic L-matching Networks

Music Origin :: Art

Music Origin Introduction: For centuries people had dreamed of capturing the sounds and music from the environment. Many had attempted it but no one had succeeded until Thomas Alva Edison discovered a method of recording and playing back sound. What had started out as an apparatus intended as part of an improved telephone led to the development of an instrument which would change the world, making it a happier, even a better, place to live. Revolutions: (Case of Mp3 sharing software development) A revolution in the music industry has surfaced In 1999, Shawn Fanning, a Northeastern University undergraduate, wrote a small MP3-sharing software application known as Napster. Originally designed for the exchange of Fanning and friends' own recordings, Napster quickly became a conduit for mainstream MP3s, and an MP3-sharing community was built overnight as the beta version of the shareware program quickly caught on. New songs could be found and downloaded at the touch of a button. Entire albums could be exchanged in minutes for free. In addition, the natal Sagittarian Sun (self) in the company’s chart sextiles Mars (action) conjunct Neptune (illusion, lack of boundaries), producing the ability to do it all anywhere with complete anonymity. The Recording Industry Association of America contends that the service Napster provides is just a high-tech shortcut to music piracy. But in recent â€Å"friends of the court† briefs, the Computer and Communications Industry Association, which represents tech giants like AT&T, Yahoo and Oracle, said the courts need to reinterpret and revise some of the â€Å"overprotective† models for guarding intellectual property. Online business contributed much to the music industry as similar to the other traditional companies. It helped the business to grow globally and to reach out the customers all over the world. Easy access, news details, shipping to home, attractive prices, lots of choices made the music industry to boom in the early 1990’s. Music Vs Internet: The recorded music industry has capitulated. After years of effort and millions of dollars spent on lawyers in prosecuting music pirates, the big four record companies have joined the internet age. Legal, pay-per-track music sites are about to proliferate. Australia should have its first by Christmas. It is likely it will be a local version of the successful Apple iMusic Store, which operates only in North America. Locally, Telstra is working on a licensing deal with at least one record company. The future of music sites depends on forging complex regional licensing deals between the record companies, musicians and online vendors such as Apple, Real Networks' Rhapsody, Roxio (owners of Press Play and about-to-be legal Napster) and Microsoft's MSN.

Plagiarism and the Internet :: Cheating Education Essays

Plagiarism and the Internet The consequences of plagiarism are both legal and academic. Plagiarism has been a concern in America since the founding fathers wrote the Constitution empowering the Legislative branch to protect intellectual and creative works. Today plagiarism can be easily accomplished due to the World Wide Web. If people violate copyright laws, they are subject to fines and imprisonment. When people choose to plagiarize, they are restricting their level of academic learning. The people who have done the research and posted it on the web will not receive the credit that they deserve. To plagiarize is â€Å"to take ideas or writings from another and pass them off as one’s own† (Webster’s New World Dictionary). It is extremely easy to access information on the World Wide Web. The proliferation of computers and printers in libraries, schools, and homes has enabled voluminous information to be accessible to all. This access has tempted some people to use othersâ⠂¬â„¢ writings as their own. Many students today find it easy to plagiarize in order to fill up pages, and hand a paper in on time. â€Å"A national survey published in Education Week found that 54% of students admitted to plagiarizing from the Internet† (â€Å"Plagiarism.org†). While this may seem like a good idea to some, the grade is not worth the consequences. When students plagiarize, they no longer read or sort the material; they are simply printing out someone else’s work. Those students are basically going through the motions of learning. Another danger of plagiarizing is that you may be using false information from the Web. Students who thoroughly research and sort the information are helping themselves. Evaluating the information and drawing their own conclusions improves the student academically and intellectually. Persons are usually penalized for plagiarism in their academic setting. In most universities a person will receive an F for the class without refund. Sometimes the person may face monetary fines and will be banned from extracurricular activities (â€Å"Plagiarism Q&A†). The College of New Jersey has little tolerance for those who plagiarize. If a student is caught plagiarizing, the faculty member will first decide whether or not the student’s violations were intentional.

Sight And Blindess Of Oedipus The King Essay -- Sophocles Oedipus

Oedipus the King by Sophocles was a play written after a devastating plague struck the city of Athens in 430 B.C. The play is about how knowledge can lead to devastation and destruction based on how the characters find out the truth of the Delphic Oracle. Years before Oedipus became the king of Thebes, the previous king, Laius, had received a prophecy that his son would grow up to kill his father. With this information he gave his baby son to a sheperd to dispose of him. Years later Laius is murdered and the Sphinx emerges and locks down the city by refusing to let anybody enter or leave the city unless they can solve her riddle. The city is essentially under siege. But nobody knows the answer to her riddle. "What goes on four legs in the morning, two at noon, and three at night?" Everybody who tries to answer the riddle is killed by the Sphinx until one day a stranger comes upon the city. The Sphinx asks him the riddle and he simply replies, "Man." The stranger solves the riddle a nd the Sphinx throws herself to her death. The city opens up to him, he marries the widowed queen, becomes king of Thebes, and unwillingly begins to fulfill most of the prophecy. What is the meaning of sight and blindness for an understanding of Oedipus the King? But the reason Oedipus, who is the prince of Corinth, has come to Thebes, is to escape an oracle of his own. Before coming to Thebes he went to seek the Delphic Oracle to ask if Polybus and Merope were his natural parents. The Delphic Oracle replied: "You are fated to couple with your mother, you will bring a breed of children into the light that no man can bear to see Ââ€" you will kill your father, the one who gave you life!" With that information, Oedipus fled Corinth to run away ... ...im. Oedipus just continually wanted to have more knowledge and asks more questions to gain wisdom and it eventually becomes his downfall. Knowing the future may destroy a man; and it ruins the lives of two men in this story. Oedipus was blind to see the truth; he was also blinded by the prophecies. He ran away from home, killed his father, married his mother and has children with her. "But Oedipus' play does not end with these lyrics; he gradually gains a new strength and new understanding" (Segal 133). And the true meaning of this story is, ignorance is bliss. Works Cited Knox, Bernard M.W. Oedipus at Thebes. New Haven: Yale UP. 1957. Rpt. In Oedipus Tyranmus. Ed. Lucy Berkowizs and Thedore F. Brunner. New York: Norton, 1970. 148-165 Segal, Charles. Oedipus Tyranmus: Tragic Heroism and the Limits of Knowledge. 2nd. Ed. New Yourk: Oxford UP, 2001.

Financial Performance and Bank Efficiency: Comparison Between Conventional Banks and Sharia Banks Essay

This study aims to compare the financial performance and bank efficiency between conventional banks and sharia banks in Indonesia in the period of 2008-2011 by using financial ratios to measure the financial performance, as well as SFA (Stochastic Frontier Approach) to the measure bank efficiency. Financial ratios that are used are consisted of CAR, NPL, ROA, ROE, and LDR. Meanwhile variables that are used to measure the efficiency are receivables, placements with Bank Indonesia and other banks, third-party funds, and issued capital and fully paid capital. The samples consist of 11 conventional banks and 11 sharia banks. T-test is conducted to determine whether there is any significant difference in financial performance between sharia Banks and conventional Banks. The results of hypothesis testing and multiple regression analysis indicate that there are significant differences of CAR, ROA, ROE, profit efficiency between conventional banks and sharia banks. Keywords: financial perfor mance, bank efficiency, SFA, conventional banks, sharia bank. ABSTRAK Penelitian ini bertujuan untuk melakukan perbandingan kinerja keuangan serta efisiensi Bank Umum Konvensional dan Bank Umum Sharia di Indonesia pada periode 2008-2011 dengan menggunakan rasio keuangan untuk mengukur kinerja keuangan, serta SFA (Stochastic Frontier Approach) untuk mengukur efisiensi bank. Rasio keuangan yang digunakan terdiri dari CAR, NPL, ROA, ROE, dan LDR. Sedangkan variable untuk mengukur efisiensi laba diantaranya Pembiayaan yang diberikan, Penempatan pada Bank Indonesia dan bank lainnya, Dana pihak ketiga, dan Modal yang disetor dan dibayar penuh. Sampel yang digunakan adalah 11 Bank Konvensional dan 11 Bank Sharia. Uji t dilakukan untuk mengetahu apakah terdapat perbedaan yang signifikan kinerja keuangan antara Bank Konvensional dan Bank Sharia. Hasil dari uji hipotesis dan regresi berganda tesebut menunjukkan bahwa terdapat perbedaan yang signifikan CAR, ROA, ROE, efisiensi laba diantara Bank Konvensional dan Bank Sharia. Kata kunci: kinerja keuangan, efisiensi bank, SFA, bank konvensional, bank syariah. INTRODUCTION It has been almost a quarter of century since the first sharia bank was established. Sharia banks not only have big expansion in Muslim countries, but also in Non-Muslim countries. Some people choose sharia banks because of the differences between conventional banks and sharia banks. Actually there are not many differences between them but, the main reason why people choose sharia banks is because there is no riba system like in conventional banks. In the discussion of banking in Indonesia, it is important to analyze the performance. Performance represents the condition of the bank, it represents whether the management of the bank can run the operational well or not. It is important for banks to measure their performance in order to be able to improve its service to satisfy the customers. There are several ways to assess bank’s performance. Performance evaluation is an important tool to assess the success of any business including sharia financial institution. In the performance evaluation, setting the bench mark is vital in order to make comparison between the desired and the actual performance. In 1979, the use of the CAMEL factors in evaluating a bank’s financial health has become well known among regulators. Piyu (1992) stated that financial ratios are often used to measure the overall financial sound of a bank and the quality of its management. Bank regulators, for example, use financial ratios to evaluate a bank’s performance as a part of the CAMELS system. CAMELS system consists of Capital adequacy, Asset quality, Management, Earnings, Liquidity, and Sensitivity to market risk. An overall composite CAMELS rating, which is ranging from one to five is then developed from this evaluation. As a whole, the CAMELS rating, which is determined after an on-site examination, provides a means to categorize banks based on their overall health, financial status, and management. Another important aspect in measuring performance and competition in banking industries is efficiency. Efficiency is improved by reducing cost in production process or by increasing revenue. If there is a rapid change of financial structure, we have to identify the fund efficiency and revenue. Banks which is more efficient is hoped to be able to derive maximum profit and give better service quality for costumer. One of the ways to measure the efficiency of a bank is by using parametric approach with Stochastic Frontier Approach (SFA) through alternative profit efficiency. SFA has an advantage, which is it is able to compare other measurement methods that involve disturbance term. Disturbance term is representing disturbances, measurement error and exogenous shocks beyond the control, environment variables which are easily treated, possibility to conduct hypothesis testing by using statistical test, and ease in identifying the outliers. SFA efficiency value range is between 0 and 1. If the value of SFA equals to 1, it means that the bank’s performance is efficient. Meanwhile, if the value of SFA equals to 0, it means that the bank’s performance is inefficient. Banks’ efficiency is also needed as an important indicator to analyze bank’s performance and as a tool to improve the effectiveness of monetary policy. Generally, there are 3 basic concepts of efficiency model in banking sector. They are cost efficiency, standard profit efficiency, and alternative profit efficiency. PREVIOUS RESEARCH Islamic Banks Sole (2007) on his journal entitled Introducing Islamic Banks into Conventional Banking System. From his journal, can be concluded that over the last decade, Islamic banking has experienced global growth rates of 10-15 percent per annum. It has been moving into an increasing number of conventional financial systems at such a rapid pace that Islamic financial institutions are present today in over 51 countries. Despite this consistent growth, many supervisory authorities and finance practitioners remain unfamiliar with the process by which Islamic banks are introduced into a conventional system. Banks Performance Wirnkar (2008) on his journal entitled CAMELs and Banks Performance Evaluation: The Way Forward, said that the findings revealed the inability of each factor in CAMEL to capture the wholistic performance of a bank. Also revealed, was the relative weight of importance of the factors in CAMEL which resulted to a call for a change in the acronym of CAMEL to CLEAM. In addition, the best ratios in each of the factors in CAMEL were identified. For example, the best ratio for Capital Adequacy was found to be the ratio of total shareholders’ fund to total risk weighted assets. The paper concluded that no one factor in CAMEL suffices to depict the overall performance of a bank. Among other recommendations, banks’ regulators are called upon to revert to the best identified ratios in CAMEL when evaluating banks performance. Banks Efficiency Majid (2010) in his journal entitled Efficiency in Islamic and Conventional Banking: An International Comparison, can be concluded that he was with Saal and Battisti investigated the efficiency of a sample of Islamic and conventional banks in 10 countries that operate Islamic banking for the period 1996-2002, using an output distance function approach. They obtain measures of efficiency after allowing for environmental influences such as country macroeconomic conditions, accessibility of banking services and bank type. While these factors are assumed to directly influence the shape of the technology, we assume that country dummies and bank size directly influence technical inefficiency. The parameter estimates highlight that during the sample period, Islamic banking appears to be associated with higher input usage. Correlation between banks performance and banks efficiency Kosmidou (2008) on his journal entitled Measurement of Bank Performance in Greece can be conclu ded that banks have been forced to be more competitive and to implement bank rating systems to evaluate their financial risks. The present study evaluates the performance and efficiency of the commercial and cooperative banks in Greece for the period 2003-2004. The results obtained indicate that commercial banks are tending to increase their accounts, to attract more customers and ameliorate their financial indices, thereby becoming more competitive and maximizing their profits. Concerning the cooperative banks in Greece, the conclusions are not so uniform, since there are banks that are enjoying considerably increased profits and market shares, and others whose financial indices seem to be deteriorating. RESEARCH METHOD Type of Study This research use secondary data which gathered from several sources such as website of Bank Indonesia, website of each banks and contain all information needed. Then, the data analyzed by using SPSS. Population and Sample The populations in this research are conventional banks and sharia banks. Meanwhile, the samples are the banks (11 conventional banks and 11 sharia banks) listed in Bank Indonesia which have been published their financial report from 2008-2011. Research Variables In this study, the dependent variable is SFA (Stochastic Frontier Approach) while the independent variables are CAR, ROA, ROE, NPL, LDR, receivables, third party fund, placement in Bank Indonesia and other banks, and issued capital & fully paid capital. ANALYSIS Classical Assumption Test Multicollinearity Test: The result showed that all of the independent variables used in this research have tolerance value greater than 0.10 and VIF less than 10. Thus, , independent variables are free from multicollinearity symptoms or there is no multicollinearity among the independent variables. Autocorrelation Test: Based on the result of Durbin Watson test, it is known that Durbin Watson value is 1.368 which is between -2 to 2. It means that there is no autocorrelation in the regression model. Heteroscedasticity Test: The graph scatter plot shown that that there is no clear pattern and the points spread above or below the number 0. Then, it can be stated that there is no heterocedasticity. The result of T-Test The independent t-test result obtained for CAR is -2.329, with the probability of 0.022 which less than ÃŽ ±=0.05. Thus, the first hypothesis in this study which states that â€Å"There is significant difference in CAR between conventional and sharia banks in Indonesia† is supported. The independent t-test results obtained for NPL is 1.494, with the probability of 0.139 which is greater than ÃŽ ±=0.05. Thus, the second hypothesis in the study which states that â€Å"There is significant difference in NPL between conventional and sharia banks in Indonesia† is not supported. The independent t-test results obtained for ROA is 2.278 with a probability of 0.025 which is less than ÃŽ ±=0.05. Thus, the third hypothesis which states that â€Å"There is significant difference in ROA between conventional and sharia banks in Indonesia† is supported. The independent t-test results obtained for ROE is 4.040 with the probability of 0.000 which less than ÃŽ ±=0.05. Thus, the fourth hypothesis in the study which states that â€Å"There is significant difference in ROE between conventional and sharia banks in Indonesia† is supported. The independent t-test results obtained for LDR is -1.275 with the probability of 0.206 which is greater than ÃŽ ±=0.05. Thus, the fifth hypothesis which states that â€Å"There is significant difference in LDR between conventional and sharia banks in Indonesia† is not supported. The independent t-test results obtained for efficiency ratio (SFA) is 4.345 with the probability of 0.000 which is less than ÃŽ ±=0.05. Thus, the sixth research hypothesis which states that â€Å"There is efficiency difference between conventional banks and sharia banks in Indonesia† is supported. Multiple Regression analysis result The equation is as follows: SFA = 0,368 – 0,001CAR + 0,071NPL + 0,022ROA + 0,008ROE + 0,001LDR + 0,002REC + 0,00018PBI + 0,00004TPF + 0,002ISSUED + ÃŽ µ The the relationship between bank’s performance and bank’s efficiency is indicated by the multiple correlation coefficient (R) which is equal to 0.674. This means that there is a strong relation ship between the bank’s performance and bank’s efficiency. To clarify whether the relationship between the independent variables and dependent variables are significant or not, it can be tested with the F test. The test showed that F value is 7.213 with the probability 0.000 which is less than ÃŽ ±=0.05. This shows that the Sig F is smaller than the 0.05 value thus, the performance of banks as measured by CAR, NPL, ROA, ROE, LDR, receivable, placement with Bank Indonesia and other banks, third parties fund, and issued capital and fully paid capital are simultaneously related to the efficiency of banks. Thus, the seventh hypothesis which stated that â€Å"There is influence between bank’s performance and bank’s efficiency† is supported. CLOSING Conclusion Based on the result of data processing, there are some conclusions: 1. There is significant difference between sharia banks and conventional banks in terms of CAR. This study finds that sharia banks’ CAR is greater than conventional banks. 2. There is no significant difference of financial performance between sharia banks and conventional banks in terms of the NPL ratio. This means that NPL in sharia banks are equal to conventional banks, which all banks have NPLs below 5%. 3. There is significant difference between sharia banks and conventional banks in terms of ROA. The difference that occur shows that the conventional banks’ ROA is higher than sharia banks which means that the ability of conventional banks in earning profit based on the owned asset is higher than sharia banks’. 4. There is significant difference between the profitability performances of sharia banks and conventional banks in terms of ROE. The difference that occurs shows that conventional banks’ ROE is higher than sharia banks. It means tha t the ability of conventional banks in earning profit based on the owned equity is higher than sharia banks. 5. There is no significant difference in the performance of banks on LDR (Loan to Deposit Ratio). This means the liquidity of sharia banks and conventional banks are equal. 6. There is significant difference in bank efficiency between sharia banks and conventional banks in terms of SFA. In this case, conventional banks are more efficient compare to sharia banks because their SFA value is higher compare to sharia banks’. 7. Banks’ performance has influence on banks’ efficiency. This means that the higher performance of the bank, the more efficient the bank in conducting its operations. Among all of the performance ratios, they are NPL and ROE that have significant influence on efficiency. Meanwhile for the CAR, ROA, LDR, Receivable, Placement with Bank Indonesia and other Banks, Third Parties Fund, and Capital Issued does not have significant influence on bank’s efficiency. Research Limitation This research focused on comparing conventional bank and sharia bank on the basis of financial performance by using CAEL only, because the data used is just financial ratio and effectiveness using SFA. The financial performance and effectiveness can be assessed by analyzing the annual report published by Bank Indonesia. This research uses annual reports from 2008 to 2011 and quarterly data, taken from 11 sharia Banks and 11 well known conventional banks. Recommendations Some suggestions for the future research on this topic based on the limitation that researcher found are mentioned as follows: 1. For Sharia Banks, this research found that sharia banks have lower profitability ratio and efficiency compare to conventional banks. Thus, the researcher would like to recommend sharia banks to increase those ratios by minimizing bank’s operational costs, improving the market to get more customer through innovative sharia products. 2. For Conventional Banks, this research found that conventional banks have lower capital aspect compare to sharia banks. Thus, they need to reduce credit risk by improving credit management in order to reduce the value of risk-weighted assets (RWA). 3. For Banks in general, to improve the efficiency of the bank’s performance, banks should improve the overall performance, both from the capital, assets, management, earnings and liquidity 4. For the Future Researchers, this study uses only five ratios in measuring the bank’s financial performance, the future researchers should use more ratios to measure performance. REFERENCES Abustan. (2009). Analisa Perbandingan Kinerja Keuangan Perbankan Sharia dengan Perbankan Konvensional, Retrieved December 24, 2012, from : http://docs.google.com/viewer?a=v&q=cache:_eUXttjW3VgJ:www.gunadara.ac.id/librar y/articles/graduate/economy/2009 Alphonsius, W. & Tanko, M. (June 24, 2008). CAMELs and Banks Performance Evaluation: The Way Forward. Social Science Research Network. Retrieved April 15, 2012, from http://ssrn.com/abstract=1150968 Endang Sumachdar and Hariandy Hasbi. (2010). Financial Performance Analysis for Islamic Rural Bank to Third Party Funds and The Comparation with Conventional Rural Bank in Indonesia. International Conference on Business and Economics Research. Retrieved April 18, 2012, from http://www.ipedr.com/vol1/67G00011.pdf Mohd, I., Mazlina, N.,