European Union Law Case Study Example | Topics and Well Written Essays - 1250 words

European Union Law - Case Study Example Hauptzollamt Saarlouis [1966] relied on in Van Duyn v Home Office [1974]. Therefore since Mark works for a Council this can be construed as an emanation of the State (specifically Costanzo [1989] ECR 1839) and it is submitted that the phrase in the Directive "the use of chlorine cleaning agents in swimming pools is prohibited" meets all the criteria for the Directive to be directly applicable. However this is not true for Sunita. The swimming pool is a private company, and she is a user of the pool. Under the 'direct effect' provisions, she would have no redress as she wishes to sue an individual rather than the State or an emanation of the State. As seen in the following case, the Court of Justice does not allow the direct horizontal enforcement of Directives. In Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] Helen Marshall sought to sue a health authority for retirement age discrimination under the Equal Treatment Directive 1976. The Court of Justice held that there was no 'horizontal effect' to a Directive where a government had failed to implement a Directive. Helen Marshall could not sue the Health Authority in these circumstances. If the employer is not the State or an emanation of the State th... If the employer is not the State or an emanation of the State then the Court of Justice allows the national court to look at indirect effect. In the absence of domestic legislation being in place, national courts are empowered by the Court of Justice to enforce the provisions of the Directive in order to ensure that the aim of the Directive is carried out. In this case the aim of the Directive is to prohibit the use of chlorine in all swimming pools throughout Member States. The national court would therefore be called upon to make the use of chlorine cleaning agents unlawful in the UK and sanction the transgressors accordingly, providing remedies under standard contractual law within the precedents currently relied upon by national courts. In Von Coulson and Kamann v Land Nordrhein-Westfalen [1984] 2 female applicants successfully sued prison administrators for sexual discrimination when 2 posts advertised for social workers went to males. The question before the court was whether the Equal Treatment Directive 1976 specifically required that discrimination be remedied by the appointment of the complainant to the post. The Court of Justice said no, but that it did require the national law to provide an adequate and effective remedy: "national courts are required to interpret their national law in the light of the wording and the purpose of the Directive in order to achieve the result referred to in the third paragraph of Article [249]." 2 An advantage of this approach is that unlike direct effect the provisions in question do not have to be clear, precise, unconditional and require no further implementation. Hence Van Coulson was able to indirectly rely on the provision against a State employer. We are specifically told that the only

Sustainability Led-Marketing - Small business Term Paper

Sustainability Led-Marketing - Small business - Term Paper Example Sustainable marketing aims at winning consumers who have adapted to eco-friendly products made by businesses, which have embraced sustainable production. For a sustainable business, companies seek to enhance their production processes to minimise the side effects it causes to the environment. A sustainable business ensures that it reduces air pollution, water pollution and the side effect the product has on the consumer using the product or the service (Meffert et al. 2014, p. 156). Sustainable business is more of a business that looks toward enhancing or achieving corporate social responsibility to the community it serves. The illustration above implies that sustainable business aims at creating an environment where people believe that the product being manufactured by the company is the best in the market. In addition, it implies that the qualities a company’s product cannot be compared with any other firm in the same industry. Consumers are made to believe the product they are consuming was manufactured in a clean environment that not any other company can achieve (Belz & Peattie, 2010, p. 31). To bring to light a better understanding of sustainable marketing, Philips Lumileds Lighting Company will be used as a case study, as it enjoys the use of sustainable led marketing procedures. Philips Lumileds Lighting Company is an American light product manufacturing company that is located in San Jose, California, USA. The Company was established in 1999 with the aim of producing solid-state lighting solutions that include automotive lighting, LCD televisions, computer displays, creating a signal, and general lighting. It is the world-leading producer of high power light emitting diodes. In partnership with LUX EONPower Light Company, they came up with long life cost-effective light emitting diodes that have been ranked as the world-leading producer of light emitting diode lighting. In lieu of this information, it is

The history of tea report Research Paper Example | Topics and Well Written Essays - 1000 words

The history of tea report - Research Paper Example It was here that a few dried leaves of a nearby bush fell into the water and the liquid turned to become a brown liquid. The Emperor was very interested in this and tried drinking the water, and found this to be very refreshing. This was how tea was founded (Tea Auction). The drink has grown to become a major drink across the world. Today schools are also taught about the Boston Tea Party. The century also brought about the introduction of two types of tea, i.e. Iced tea and tea bags. It is also essential to note that tea can be sub divided into three main types, these include, black, green and Oolong. Shen Nong was known for his skilled leadership, and also the creativity. He had a strong foresight and he focused on health even as early as five thousand years ago in order to ensure hygiene. When he was faced with the tea leaves in the boiling water and the brown liquid which was a result of the leaves boiling in the water, the Emperor drank some of the drink and found it to be very refreshing. This was the introduction of tea. As time passed, tea started becoming famous across different locations across the world. China was one of the first few which adopted the drink and was also one of the first countries to have published a book on tea. The author of the book, Lu Yu, late went on to seclusion where he met the Zen Buddhist, to whom he introduced the drink. This was the start of spreading the word of tea. The Buddhist went on t introduce Japan to this drink. As time passed tea became an essential drink and was a ceremony was also built on this drink. Tea grew to become the best gift and also went on to be the beverage had by the warlords before a war (Essortment). The table below provides a clear timeline for the growth of tea. The table provides a brief overview of a few of the events that relate to finding of tea and these help in gaining a better overview of how tea has grown to become the current position that it is at present. This period brought

Tell us something special about yourself, including any leadership Scholarship Essay

Tell us something special about yourself, including any leadership opportunities - Scholarship Essay Example Though I would not say that I have achieved my purpose of standing out, I take pride in the fact that I have been able to excel in my studies and the testimonials from my teachers attest to this fact. Thus, I was able to ensure that I get a decent start in my chosen field. I have great admiration for our current president, Barack Obama and he is my idol in many ways. Like him, I want to be successful and demonstrate my leadership abilities. Towards this end, I have taken part in sports, particularly in the track events and football. I can claim that I have been able to achieve some success in this area. Further, as I have mentioned about Barack Obama, I want to be a good husband and father who takes pride in his family and is not intimidated by successful women. Finally, I have always striven to make life better for people around me and I have touched their lives and made them feel special. I am a relationship oriented person and I have several friends and well-wishers who take pride in my success and provide encouragement to me. I make it a point to reciprocate their affection and wishes for me. In conclusion, I would say that given a chance, I would like to put my abilities to use and be a leader in all respects of the

Position paper over why marijuana should be legalized for recreational Essay

Position paper over why marijuana should be legalized for recreational use - Essay Example This comparison significantly influence public perception on the issue. In analyzing the arguments on for and against marijuana, supporting the legalization of marijuana has more benefits to the society than its negative effects. Consequently, marijuana should be legalized for recreational use. Most criticism on marijuana are based on the medical impact on the user. Similar to most drugs, marijuana has side effects. However, the side effects of the drug can be easily addressed. In comparison to legal and most abused drugs in the United States, marijuana poses the less significant health risks. In an argument by Brewer the health risks associated to cigarettes and alcohol cannot be compared to that of marijuana (1). For instance, numerous studies have shown the cancerous effects of tobacco. Apart from studies, it is proven that cigarette use is a major cause of cancer. This is dissimilar to marijuana. The drug still has zero proven cases reported as a cause of cancer. Still on cigarettes, tobacco is highly addictive compared to marijuana. Rampant users have difficulty in refraining from its use. On the other hand, marijuana addiction are rare as users easily cope with absence. Comparing the two drugs, Brewer is of the assumption that tobacco is hugely dangerous to human hea lth than tobacco (1). The author further asserts that tobacco has been a cause of death of 500,000 people annually in the United States (Brewer 1). From this provisions, one may assert that is cigarette is a legal drug, marijuana should also be legal. The argument is based on the adverse effects of tobacco on human health as compared to tobacco. The same comparison could be made on the effects of alcohol. As reported by the CDC, 25,000 deaths caused by alcohol overdose were reported in 201 (Brewer 1). In addition, 16,000 liver disease deaths were contributed to alcohol abuse (Brewer 1). These statistics display the impact of the health hazards associated with alcohol abuse. The same

Port Management Essay Example | Topics and Well Written Essays - 2000 words

Port Management - Essay Example These include increased competition among ports, changes in transport technology and ports, and internal competition for global markets. Over the recent years, lending agencies and governments have come to agree on the view that the participation of the private sector can be a powerful tool for improving the performance of port assets. Many government officials and port managers believe that privatization is the only way in which the performance of public port organizations can be improved. This view emerges from the believe that some specific characteristics of the private sector are very critical in the achievement of the desired commercial success in ports. Currently, many ports have undergone reformations with an aim of reducing the role of government in port operations. In this case, the government is supposed to maintain the landlord function only. Port reform also enables a port to obtain financial autonomy and achieve increase productivity. The aim of this report is to analyz e the benefits and burdens of port reform with respect to existing forms of reform. The main objective of the report is to analyze the benefit offered by each form of port reform. Finally, the paper determines if the benefits of port reform overweigh its burdens. 2.0 Benefits of port reform 2.1 Forms of port reform strategy The overall benefit of port reform is improved operational and organizational performance. This can be achieved through the adoption of an appropriate form of port reform strategy. These forms include commercialization, privatization, corporation, liberalization or deregulation port services and modernization of Port Administration and management. These strategies present different benefits hence they are normally chosen depending on setting of the specific port. 2.1.1 Commercialization In commercialization, a public port is not changed into a private company. However, the port authorities apply accounting and management principles which are similar to those of p rivate companies. The main benefits that commercialization offers to a port is the attainment of increased accountability and autonomy in terms of decision-making and overall performance. This means that a port is free to adopt the characteristics and practices of private sector and the end results of such step improved efficiency and profitability. Commercialization as a reform strategy is characterized by decentralization of the decision-making process. This means the port management does not have to wait for a government dictate each and everything that happens in the port. Instead, they are able to make prompt decisions or change former decisions as dictated by circumstances. Decentralization also encourages specialization which is important in the delivery of quality services or leadership. Gos (1990) states that the involvement of government in port management complicates the hierarchy of its management hence commercialization as a port reform strategy therefore helps to relax this hierarchy. This enables the port management to exercise more control over, procurement and purchasing, budgeting, hiring and firing, maintenance strategies and

Criminal Theory Essay Example for Free

Criminal Theory Essay People with anti-social behaviors are defined by â€Å"A persuasive pattern of disregard for, and violation, of the rights of others that begins in early childhood or early adolescence and continues into adulthood. † (Walsh and Hemmens page 238) People with this disorder are up for greater health risks, for the disorder makes a person be a risk taker, usually engaging in smoking, alcohol, risky sexual behavior’s and drugs. Their also at risk for they are prone to depression, inflicting self-wounds and violent acts towards others. In this state of mind people are emotional, non-cognitive, and have low self-esteem. Making them act out in violent manners. This behavior is linked to childhood. As a child if something wasn’t right, they were shy or forgotten they probably put on a mask and faked being what society views as normal. They are not connected with society. And they do not understand social norms. They have become experts on faking feelings, and they do not know emotion or empathy. These people are deceitful, manipulative, egocentric, selfish and lacking guilt. Dealing with regards of crime and Anti-social disorder, the criminals often view that their victims were not â€Å"wrong†. Drug users viewing their addiction to a social norm that isn’t there. They do not understand what they are doing is wrong and have no sense of guilt or cognitive thinking process. They do not feel any kind of remorse for the things of which they have done simply because they cannot empathize with the people or actions against which they are offending. Neutralization theory was created by Skyes and Matza. This theory explains that the offender has a positive view on the crime he or she has committed. Also similar to Anti-Social individuals these criminals view that they have done nothing wrong. Unlike Anti-Social disorder, Neutralization theory states that the offender puts the excuses in their own head, not merely understanding the social norms. There are five techniques that Neutralization theory uses in justifying their crimes. The first way people neutralize their crimes and actions they have done is called â€Å"Denial of Responsibility† which is shifting the blame from the offender to the victim. An example is when a rapist says in court â€Å"she was asking for it the way she was dressed and or acting. † They feel absolutely no guilt for the crimes that they have committed. They feel no responsibility at all for the victim and their injuries. The second technique is called â€Å"Denial of Injury†. This is where the offender has no attachment to the crime and has not caused any real injury or offenses. An example of this would be a person breaking a entering and smashing a window in and claiming â€Å"the insurance will cover it. † â€Å"Denial of Victim† is the third technique. This is where the offender says the victim received what they deserved, almost viewed as karma. Most domestic cases portray this, saying significant other or victim got what they deserved from these actions. The fourth technique is â€Å"Condemnation of the Condemners† where the offender states part of the blame on the condemners. These condemners are police, parents, probation officers, etc. An example of this would be the criminal blaming the officer for planting evidence on them or the crime scene and not taking any of the responsibility that it was there’s. Number five is â€Å"Appeal to a Higher Loyalty†. This is where the offender in committed and or loyal to something or someone in their life for the greater good according to their beliefs. Things that would fall under this category re murder or assault. A good example of this would be a person under mafia rule murdering someone for the leader or the greater good of that mafia. Ted Bundy was made famous for his criminal actions. His five-state murder spree was not lightly forgotten. Bundy killed over 100 women and only gave information about where the bodies were of fifty of the acclaimed victims. Comparing hi s life, actions, and behavior point to Anti-Social Behavioral theory and Neutralization theory the most. Putting these theories to the test trying to profile a serial killer. Theodore Robert Cowell was born in 1946 to an single mother that moved in with her parents. He grew up thinking his grandparents were is parents and his mother was his sister. Later in life his mother married and he became Ted Bundy. Growing up he was a â€Å"normal† child, he was an attractive teen that was well liked in school. He did relatively well in his academics. He was known for being shy; people profiled him to be socially awkward. He never did grow out of this stage and the profile followed him to college. Bundy went first to the University of Puget Sound. It was a highly regarded school and many of its students were wealthy. This made ted feel inadequate and inferior due to financial aspects. He left and went to University of Washington. His shyness held him back with social activities and dating, but Bundy did find someone that he fell for. They had the same skiing passion, spending most of days on the slopes. And he soon fell in love and became obsessive. He tried impressing her with receiving scholarships and accomplishments but they fell flat. She ended the relationship saying he wasn’t going anywhere in life and wasn’t husband material. This haunted him for the rest of his life and fell into an extreme depression. While in this depression he had dropped out of school. His anti-social behavior got worse. Also during this time he found out who his mother actually was. Bundy was a on a slippery slope downhill, he was labeled as a petty thief. He soon came out of his depression had false bravo, went back to college and got a bachelor’s degree in psychology. With his new found self he was on top of the world. He was with a new woman that adored him and his first love wanted him back. He had one foot in the political arena. During his time at college women had gone missing from campus. They narrowed the quest down to a man asking for help then kidnapping the women. Bundy being smart realized it was only just a matter of time till local officials connected the dots. So Bundy moved to Utah and enrolled in the University of Utah. He didn’t stop his attacks just because he had moved. Women were being abducted and reported missing at the campus and malls around the city. While in Utah police had discovered a graveyard of bones. They eventually put the dots together and figured out it was Ted. They now knew that he was dealing with a criminal that could go across state lines. Bundy didn’t stop at Utah he also went to Colorado during ski season and killed women there before he was finally caught due to a car suspicion. He was charged with kidnapping charges. During his trial he was charged with murder of one known victim. But he escaped out the library widow being his own attorney. He made his way down to Florida where he rented a house at Florida State University. He was known for his sorority house killings. Ted Bundy was arrested again due to evidence of teeth impressions on a victim’s chest. He was charged with murder and recieved a plea bargain of three twenty five year sentences. He refused the plea and wanted another trail during this time new evidence came forward and at the new trail he was sentenced to death by means of the electric chair. Prior to his death he attempted over 100 murders, keeping some heads of his victims and necrophilia. When asked why he did everything he blamed it on his early exposures to pornography as his stimulants to his obsession with murder. Ted Bundy falls under a lot of different theories but Anti-Social Behavioral theory is most demanding. He was awkward in his youth, not in a strong stable family life, had difficulty dating and participating in other social events. He wore a mask covering himself from the world. He knew he was different and had to change or it would be noticed, so he became a well-known member of society and was respected. He felt no remorse for things that he had done. This action falls under Psychopathy, he found pleasure in re-living kills. Going towards Neutralization theory he blamed the women for the things that he had done. He connected them to his college girlfriend that had dumped him. That they needed to die because of what she did to him. That neutralized any feeling he had towards making these killings. He strongly viewed he was not at fault, and he plead not guilty until he was on the electric chair. In an interview he states â€Å"I don’t know what made people want to be friends. I don’t know what made people attractive to one another. I don’t know what underlays in these social interactions. † The above statement proves my point of the Anti-Social Behavior. He was lacking things that we as â€Å"normal† human beings understand. He goes on to answer the question â€Å"Are murders born or made? Nature vs. nurture? † it’s still an ongoing debate to this day. In my opinion and conclusion Ted Bundy was nurtured.