Public Law Assignment Example | Topics and Well Written Essays - 1000 words - 1

Public Law - Assignment Example At what point is a constitutional convention said to exist? Scholars have developed several tests over time to indentify existed of a convention. They include Jennings test developed by Sir Ivor Jennings and Marshall and Moodie test. The objective of this paper is to examine the two tests, their differences and how both tests apply in case of an individual minister responsibility. Jennings test According to Sir Ivor Jennings, a constitutional convention exists if three core requirements are satisfied: (1) The must precedents underpinning it, (2) the parties to the particular convention must be bound by it and (3) there must be a reason for the existence of the convention. This test was adopted by the Supreme Court of Canada in Re Amendment of the Constitution of Canada.5 In this case, the government had proposed certain changes to the constitution without seeking consent of the provinces. The Constitution of Canada did not require consent of the provinces in such circumstances. Howev er, a convention had developed such that the consent of the provinces was always sought before such a change to the constitution. ... The main issue was whether education convention had been extended over time by custom to include advocacy correspondence. The court adopted Jennings test. It had no problem with establishing the first element since the prince had clearly been engaging in advocacy correspondence. With regard to the second element, the tribunal found that Prince Charles did not feel entitled to contact ministers and they did not feel they were obligated to respond as part of his â€Å"preparation for kingship.6 The third element was also finding lacking. The tribunal held that the education convention did not extend to advocacy correspondence: â€Å"it is the constitutional role of the monarch, not the heir to the throne, to encourage or warn government†.7 Consequently since two out of the three requirements failed, the tribunal held that the educational convention did not extend to advocacy.8 Marshall and Moodie test Marshal and Moodie9 state â€Å"a convention is a non-legal rule of constitu tional behavior which has been consistently accepted by those affected by it as binding on them, but which is not enforceable in the courts† Therefore, according to Marshal and Moodie, the question to ask is whether the convention has been consistently accepted by those to whom it is binding. Secondly, it has to be formulated on the basis of an acknowledged principle of government.10 According to the Upper Tribunal in Evans, â€Å"there was in fact nothing said by Marshall and Moodie which was inconsistent with what was said by Jennings†.11 However, the two tests exhibit some differences. To begin with, according to Jennings first test, the particular convention must have had a precedent. â€Å"A single precedent with a good reason may be enough to establish the

Disability Discrimination Essay Example for Free

Disability Discrimination Essay Would you deem Karina disabled under the ADAAA? If so, what reasonable accommodations would you offer to her? Karina has a medical condition requiring her to take steroids and other medications. This condition led to Karina gaining weight and not able to wear two uniform items, the stockings and heels. These conditions affect her back, circulatory system, and endurance level. Additionally, according to her doctor, Karina must stop wearing the stockings and heels because of her condition. Based on this information, Karina does qualify as â€Å"disabled† even if she does not display symptoms that interfere with her ability to perform her duties. By taking medication, Karina is mitigating (reducing) the effects of her illness. However, her employer cannot consider this information in determining if she has a protected disability under the ADAAA. The ADA was passed nearly 20 years ago to provide legal protections for, and to end discrimination against, workers with disabilities. The ADA is a wide-ranging civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Under the ADA, an individual is considered to have a disability if that individual either (1) has a physical or mental impairment which substantially limits one or more of that persons major life activities, (2) has a record of such an impairment, or (3) is regarded by the covered entity as having such an impairment. The determination of whether any particular condition is considered a disability is made on a case by case basis. When the ADA was first passed into law in 1990, federal courts were very strict in determining which employees met the ADAs definition of a disability, resulting in the dismissal of many cases. A series of such court decisions made it increasingly difficult to qualify for the laws protections. To remedy this problem, Congress recently passed the ADA Amendments Act of 2008 (ADAAA), which went into effect on January 1, 2009. The ADAAA made five changes to the ADA that are significant. 1.It provides that the definition of the ADA disability must both be more flexible and broadly construed. 2.It expands the list of major life activities. 3.It provides that courts can no longer consider whether mitigating measures, such as medication or assistive technology, reduce the impact of impairment on an individual. 4.It states that diseases that are episodic or in remission may still be disabilities. 5.It provides that employees who claims they are regarded as disabled can now make an ADA claim, even if the perceived disability does not impact a major life activity. It is important that employers be up to speed on these changes. This is especially important because the ADAAA created a shift of emphasis in applying the law. In enacting the ADAAA, Congress instructed that it should be interpreted to favor broad coverage of individuals under the ADA, and that courts must focus not on whether an employee is disabled, but on whether the employer is complying with its obligations under the law.

Brand and company analysis of Titan

Brand and company analysis of Titan In early 80s, it was identified by the Tata Group that the watch industry is a huge potential consumer market for the group to enter. A Tata veteran, Xerxes Desai who was the MD of Tata Press was chosen to head this initiative. Titan was conceived in Tata Press in 1984- a joint venture between Tata the Tamil Nadu Industrial Development Corporation. Like most consumer markets in India during the pre-liberalization era, the watch industry was way behind the rest of the world. The technology at that time was reliable, but outdated. Tata Group entered the watch market with Quartz technology and the brand Titan. Brand identity-Kapferers Model Physique is an exterior tangible facet conveying brand qualities, form, physical specificities and colour. Physique is the starting point of branding. TITAN: Elegant corporate wear, Life-style watches Personality is an internal intangible facet which forms the character, brand personality and soul which are relevant for brands. TITAN: A complement to dress than just a time showing machine Relationship is an exterior facet with tangible and intangible areas, and defines the behaviour that indentifies the brand the way the brand connects to its customers. TITAN: Watches as a practical luxury with a function other than beauty Culture is an internal intangible facet to integrate the brand into the organization which is essential in differentiating brands. TITAN: Indian, traditional and premium quality Reflection is an external intangible facet reflecting the customer as he or she wishes to be seen as a result of using a brand. TITAN: Lives life to the fullest, multi-faceted, revives aspirations Self-Image is an internal intangible facet reflecting the customer attitude towards the brand. These inner thoughts connect personal inner relationship with the brand. TITAN: Be whatever you want to be and extract more from life Stage in the PLC Xylys Fastrack Sonata 1984 Extension of Maturity phase through REPOSITIONING Sales Time Titans winning story began in the year 1984 when there was a joint venture between the Tata Group and the Tamil Nadu Industrial Development Corporation. Introducing Titan quartz watches which donned an international appearance, Titan Industries completely transformed the Indian watch industry. After the launch of Sonata, a value-for-money brand which offered functionally styled watches at reasonable prices, Titan Industries aimed to reach the youth of the nation with its third trendy and chic brand Fastrack. Till date, Titan has sold 100mn watches worldwide and it produces 12mn watches per annum. Steps taken by brand at each stage At Product Level Stage I: Introduction Titan offers a broad variety of choices to numerous segments across taste, gender, age and economic status. in the early days, Titan used this approach path as the cornerstone of its leadership strategy. Their former range had discrete offerings for specific requirements: Gold plated cases having fine leather straps were Formal watches launched specially for the executive Gold plated cases having ornamental bracelets were Dress watches launched for those who prefer jewellery All steel watches with functionality were the Rugged watches for those whose usage demanded more durability Stage II: Growth Launched Aqura In 1989, the trendy range for the youth Raga in 1992, the ethnic range for the sophisticated Indian woman Insignia in 1993, typical and international appearing high-end watches, for those who seek exclusivity Launched psi 2000 in 1994, the rugged, sporty and masculine watches with serious sports features for those who seek adventure. Dash in 1996, the bright and colourful collection for kids Launched Sonata in 1997, the affordable, good quality range for the budget-conscious Stage III: Maturity Titan came out with Fastrack in 1998, the cool, fashionable and funky range for the young Nebula in 1999, the solid gold and diamond-studded range of luxury watches for affluent people Steel in 2001, the smart and contemporary collection for the young 21st century executive In 2006, launched its premium watch brand Xylys Also in 2008, Titan came out with unique collections like the Octane, Diva, WWF and Zoop At Communication Level Stage I: Introduction Titan decided to invest to a great extent into exhibiting all its innovations to the prospective consumers using advertising. From the very first day, the catalogue advertising of Titan was used and it turned out to be its hallmark as it was applied regularly and was very effective in merchandising new models. These catalogue ads were also very helpful to the customers in shopping off the newspaper page, almost deciding which model they were interested in picking up. Retailers also got used to viewing customers who would walk into shops with newspaper cuttings, specifically asking for the models depicted there. The same approach is continued till this day, with almost the same effect. The most persisting part of the Titan advertising has been its music track. It was a segment from Mozarts 25th Symphony which was chosen for its class and western vibes and has become Indian Advertisings most unforgettable track. It started in 1987 in its pure classical versions with only one violin playing the melody and over the years, this piece of music has been delivered in innumerable innovative versions. Stage II: Growth In the early 90s, Titan focused on building up the Gifting market. Watches had always been favourite things to gift and Titan benefited from that. A set of 3 films were developed in 1991 around 3 relationships, where the gifting of a Titan climaxed in a touching personal moment and strengthened the bond between the protagonists. All these films were very big hits and they created a separate genre of advertising films lasting around 8 years. During these years, a series of films involving a variety of characters such as a father, a daughter, a teacher, a boyfriend etc.; with local flavour were created and released. These helped in building a huge gift segment for Titan and also became Titans Theme Campaign. Another flourishing customer-facing aspect about Titan has been its stores. In a pioneering attempt which drastically altered the industry standards, the World of Titan was born. Located in the newer parts of a city, the showrooms immediately stood out on the street and ended up in attracting a lot of walk-ins. One could get a better idea about the collection through a contextual presentation and could make up his mind which collection was right for his requirement. Stage III: Maturity Titan Industries decided to revamp its flagship watch brand with the purpose of making it more youthful and relevant to the changing times. The brand underwent a major repositioning exercise in 2005, when Hindi film actor Aamir Khan was appointed brand ambassador and it was followed by the tagline Whats Your Style? campaign. It tried to increase watch consumption per person, by suggesting the use of different watches for different occasions. In 2008, Titan moved from style statements to personality statements. With the explosion of options in a persons life, their core consumer was changing. Titan has evolved and adopted the tagline Be More. It denotes the aspirations of consumers to make more of their lives and be whatever they want to be. Market Scenario/Challenges Majority of the watch customers tend to prefer Titan because of the appealing designs and supreme quality of Titan watches. However, there is a misconception in the minds of the consumers about the prices of Titan products as they find them to be pretty expensive. Titan is now trying to get hold of newer customer segments and are attempting to target all the adults in SEC A and SEC B. Titan is also considering advanced retail strategies and is projecting to launch modern product collections. Summary Titan is the 5th largest branded watch producer in the world with four major brands in the market namely Titan, Sonata, Fastrack and Xylys, all having several sub-brands and collections. Titan Industries commenced operations with groundbreaking offerings, i.e. Quartz watches which altered the look of the Indian watch industry. Ideas which were ahead of their times at Titan Industries led to substantial accomplishments such as Single Point Solutions to each and every Original Equipment Manufacturer customer. Titan watches are available at exclusive World of Titan outlets, Fastrack outlets, multi brand dealers, Multi brand outlet Helios and multi brand stores. Taking the forecast of brand fatigue earnestly, the brand recreated itself with the flawlessly styled Euro watches collection. In the near future, Titan can introduce an exclusive assemblage for Executive men and women which is contemporary and goes well with both the traditional as well as western wear. Also, the brand needs to spread more awareness about the availability of its lesser-priced watches in lower segments of the society as most of the consumers feel that Titan brand is synonymous with premium watches.

Process Analysis Essay for Writing Papers -- essays research papers

Process Analysis Essay   Ã‚  Ã‚  Ã‚  Ã‚  When writing a paper it can be very difficult unless you break it up into sections. When I had to write my first paper I felt like a man on a desert island all alone without a clue on how to do anything. But with the help of a few teachers they taught me how to survive on the island of writing papers. What the teachers taught me was that just like everything in life it needs to be taken in steps. The steps they taught me still apply to the papers I write to this day.   Ã‚  Ã‚  Ã‚  Ã‚  The first thing you need when you write a paper is a strong foundation. Everything must start at the bottom and be built up. This applies to everything. It all starts with an idea. So start your paper with an idea, write them all down and now you have your foundation. It is just a plot of land but it’s there u just need to get it ready to be built on. So take your ideas and polish them and refine them until your have a clear well thought out idea. Now your foundation is clear and ready to be built upon.   Ã‚  Ã‚  Ã‚  Ã‚  But as with building a house you need to get the materials to create what is going to be built. You cant just have an idea in the paper and not have any support. You need to go and gather information from several sources to support your idea. You can find this in books, Internet, and magazines. I would recommend at least 3 sources or more if possible. Also make sure they are credible sources not just John Doe’s site on the civil war. Once you have your sources you can ac...

Of White Hairs and Cricket

â€Å"A Horse and Two Goats† is a short story written by R. K. Narayan, from India. Basically, the story is about two individuals, an American and an Indian, trying to converse and communicate, but they can not seem to understand each other because of the lack of knowledge in the other’s language and culture. The story spans a very short time, perhaps a half an hour. As it is revealed in the very beginning of the story, it takes place in a very small village called Kiritam, which is only represented by a tiny dot on the local survey map. The narration of the story goes chronologically, in a third-person omniscient view, with the main characters being an American tourist and an old Indian man. Both of the characters seem a little bit ignorant and ethnocentric, as none of them have competent background knowledge of the other’s culture and language. The fact that they can not understand each other can be looked upon as the main conflict. However, by what is told, it seems like if the American should know more about Indian culture, than what the old man should know about the western ways. This is because the American is a wealthy person, probably a businessman, from New York, who has had a lifelong dream of visiting and seeing India. Somebody like this should probably had more cultural knowledge that what is shown. Along with this, he shows lack of respect when he sees a statue he finds to his liking, and wants it in his possession at once. He thinks he can just purchase it from the old man, without considering what the statue means for him or the native people. This way, the American is presented as a typical wealthy western person, who is quite materialistic and thinks that money solves all problems. What can be considered as odd, and perhaps just another example of western ignorance, is that the American naturally assumes that because the old man stands beside the statute, he owns it.

Sneak and Peek essays

Sneak and Peek essays The patriot act as a document is appalling in its entirety. However to discuss the document and what is wrong with it, in its entirety, would take fifty pages. I have decided to discuss one specific provision, discuss its impact and suggest an alternative provision. In the wake of the September 11th attacks and in the middle of numerous anthrax attacks, a bill was brought before congress, dubbed The Patriot Act; the name in itself seems to force any American to support it, as if we are unpatriotic to appose it. The present executive administration pressured this bill through congress by claiming that the blood of future lives lost were on the hands of these senators and congressmen if they did not pass this bill. In hindsight, this whole situation seems to be one that would spawn bad ideas and hasty actions, and simply because of that I must remain skeptical of the patriot act, even before I began to closely examine it. While many provisions of this act are gross violations of Americ an civil liberties, we will expose one specific provisions flaw, and suggest an alternative solution to the problem that provision addresses. This is a small attempt to suggest alternative solutions to the provisions in this liberty violating act. The provision we will look at is section 213 of the patriot act. It expands the governments power to search property, and perform wiretaps without due process. I will argue that the changes that section 213 brings about are a violation of the 4th amendment, and because they violate the 4th amendment and could lead to atrocious injustices, the patriot act should be reviewed in its entirety. This is a heated debate because every American believes in their right to a safe home and that safe home must be safe from government harassment, just as it is safe from the common thief, or homicidal killer. A good solution to this problem would be to simply budget for, hire, train, and put on the streets more...