CONFLICT OF LAWS IN BUSINESS & COMMERCE Essay Example | Topics and Well Written Essays - 5000 words

CONFLICT OF LAWS IN BUSINESS & COMMERCE - Essay Example This report will first provide a brief explanation of basic issues that arise in reference to the enforcement of foreign judgments in England and then apply them in the context of the four different instances where damages have been levied on Pulman Technics by foreign courts. A dispute over a foreign judgment may involve one of three elements (a) whether the Court which issued the judgment has the necessary jurisdiction (b) choice of law applicable in those judgments and (c) recognition and enforcement of judgments (Clarkson and Hill, 2007:131). Foreign judgments are recognized and given effect to by courts in other countries, because the recognition of foreign judgments is one of the essential elements of private international law on the basis of res judicata provisions. Through the application of the full faith and credit doctrine, courts do recognize the judgments delivered by other courts functioning within a competent jurisdiction. The Theory of obligation rests on the premise that if the original court’s assumption of jurisdiction was in order, then it should prima facie be recognizable in England.(Clarkson and Hill, 2007: 133) In the case of judgments that have been passed within countries that are a part of the Brussels Convention, such judgments would be enforceable in England, provided they are not repugnant to the principles of morality and fairness advocated under English law.In the case of foreign judgments passed in countries that are not a part of the Brussels Convention and where no reciprocal enforcement treaties exist, the action to enforce the judgment must be brought under common law rules. The matter of consent will be established if there is a contractual clause allowing jurisdiction to the foreign court, or if there is a voluntary appearance by the judgment-debtor. (Clarkson and Hill, 2007:136). A defendant must have been present in the foreign country where action is being brought against him or her and in the event,

Prison Term Policy Recommendation Essay Example for Free

Prison Term Policy Recommendation Essay As the criminologist advisor to a member of the Pennsylvania state legislature, I have been selected to conduct research for a bill that would double the maximum prison term for anyone convicted of armed robbery. The bill is popular however it is unknown if it will do much good. It is my job to make recommendations in regards to whether the bill being voted on will be beneficial to everyone in the Commonwealth of Pennsylvania. The prison term policies are sentencing guidelines that are created by Congress and the State Legislature to provide judges with bases for sentencing those individuals found guilty of committing a crime to ensure that each person is treated equal without discrimination (sentencing guidelines, 2010). There are four offenses that make up what is known as violent crime which are murder, forcible rape, robbery, and aggravated assault. According to the Uniform Crime Reporting (UCR) Program a violent crime is any crime that involves force or threat of force to others (Department of Justice, 2006). Currently the Commonwealth of Pennsylvania’s prison terms for armed robbery are as follows: for the first offense of a violent crime a minimum of five years, for a second offense of a violent crime a minimum of 10 years, and for the third offense of a violent crime a minimum of 25 years total confinement or life imprisonment which is accordance with 42 Pa. C.S.  §9714 (Pennsylvania Commission on Sentencing, 2008). Pennsylvania’s Uniform Crime Reporting tracks all forms of Robbery together. According to the Pennsylvania Uniform Crime Reporting System, in 2008 there were 18,751 reported robbery offenses which is equivalent to 51 per day or one every 28 minutes and 2 seconds (PA UCRS, 2008). These figures showed a decrease of 2.5% from 2007 which had 19,239 reported robberies (PA UCRS, 2008). Robbery made up 5.4% of the crime index and 37.2%  of the violent crime index in Pennsylvania in the year 2008 (PA UCRS, 2008). The reported robbery rates in Pennsylvania in 2008 were 150.6 per 100,000 inhabitants (PA UCRS, 2008). Recidivism is defined as a habitual relapse into crime, which is a problem that is faced within the criminal justice system. Pennsylvania tracks information on inmates released in order to find the recidivism rates. In 2002 Pennsylvania Department of Corrections released 1,711 inmates charged with robbery and within three years 46.6% returned to prison, which was a decline from 2000 when 1,776 inmates charged for robbery were released and 52.8% of the inmates returned within three years (PADOC, 2006). A study was conducted in Italy in 2006 when the Collective Clemency Bill set all inmates with less than three years remaining on their sentence free however if the inmates were convicted of another crime within the next five years, the remainder of their sentence would be added onto the new sentence. This allowed studies to be conducted to see if longer prison terms would deter criminals. Studies showed that increasing the sentence by 50% should reduce recidivism rates by about 35% in seven months (Crime/Punishment, 2010). With inmates comes a bill to cover the housing, feeding, and medical costs of each inmate. The cost to house a prisoner in the Pennsylvania Department of Corrections (PADOC) is $ 69 per day (Barnes, 2010). In July 2010 the Pennsylvania Department of Corrections housed 51,281 inmates, at $69 per day that amounts to $3,538,389 per day or $1,291,151,985 per year (PADOC, 2010). There are multiple benefits of the bill being passed to double the maximum prison term for those convicted of armed robbery. The study that was conducted in Italy shows that longer prison sentences lowers the recidivism rates among offenders, which over time would reduce the population of the already over populated prisons. The criminals would be off the streets for a longer period of time preventing them from committing future crimes. Longer prison sentences could be a deterrent for some criminals. Robbery is one of the top two violent crimes committed in Pennsylvania and the longer sentence imposed on those criminals may lower the rate of armed robbery however it could cause an increase in other crimes. If the bill were passed and new prisons built to accommodate all inmates there would be more jobs available such as corrections officers, nurses, doctors, dentists, psychologists, and office personnel. These job openings would not only assist with job market, but also with having mo re  tax payers to assist with the money needed for the Commonwealth of Pennsylvania budget. There are also multiple disadvantages to the bill being passed to double the maximum prison term for those convicted of armed robbery. Pennsylvania prisons are overpopulated as it is and by imposing longer sentences the problem is going to continue to get worse. As discussed earlier the prison population in June 2010 was 51,281 however the occupational bed capacity of the Pennsylvania Department of Corrections is only 43,872 (PADOC, 2010). The prisons are already operating at 116.9% of capacity and by passing this bill those rates are going to increase at a more rapid pace than they already are (PADOC, 2010). As discussed earlier the cost to house an inmate in Pennsylvania Department of Corrections is $69 per day which if this bill is passed a much larger budget is going to be required because inmates are going to be housed for a longer period of time. The need may arise for more prisons due to the longer prison terms which would require a much larger budget. With more prisons comes the need for more employees to operate those prisons which also is going to have an effect on the prison budget. Where is the money going to come from to meet the increase in the budget? The tax payers are the ones that are going to have to suffer to make the funding available for the prison system budget. Other crime rates may rise as a domino effect because criminals may turn to other crimes that are known to carry a lighter sentence if they are caught. If the bill is passed it is not required that judges sentence those convicted of the crime to the maximum sentence. Judges are required to look at mitigating and aggravating circumstances when sentencing individuals found guilty of committing crimes. Judges look at prior criminal history, personal life situation, was anyone hurt during the crime, or sometimes the remorse the person shows toward the crime they committed. This bill could be beneficial in the cases of habitual offenders because there would be stricter sentencing for the first offense rather than having to wait until the second or even third offense. As we all know with anything there is pros and cons. There appears to be more cons in this situation than there are pros which should make the Commonwealth of Pennsylvania legislature take a second look into whether or not passing this bill is going to be the most beneficial thing for the Commonwealth as a whole. I would find that it would not be beneficial to double the maximum sentence for those individuals  charged with committing armed robbery. The evidence shows that it would cost the Commonwealth of Pennsylvania more money to double the sentence for armed robbery. The evidence also proves that close to 50% of people convicted of armed robbery are going to reoffend which is going to bring them back to the criminal justice system and with one offense already committed they will receive a longer sentence the second time around. This also allows for those who are actually capable of being rehabilitated to have the chance to prove themselves without having to spend 10 years in pri son. References Barnes, T. (2010). Post-Gazette. Pa. sentencing guidelines eyed. Retrieved on August 31, 2010 from http://www.post-gazette.com/pg/10002/1025303-454.stm Crime/Punishment (2010). Do stiffer sentences act as a crime deterrent? Retrieved on August 31, 2010 from http://crime.about.com/od/prevent/a/deterrence.htm Department of Justice Federal Bureau of Investigation (2006). Crime in the United States 2004. Violent Crime. Retrieved on August 31, 2010 from http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/index.html Pennsylvania Commission on Sentencing (2008). Retrieved August 31, 2010 from http://pcs.la.psu.edu/guidelines/sentencing/sentencing-statutes-and-programs/related-statutes/mandatory-minimum-sentences/SentMandMin122008.pdf Pennsylvania Department of Corrections (2010). Monthly population report June 2010. Retrieved on August 31, 2010 from http://www.cor.state.pa.us/portal/server.pt/community/research___statistics/10669/monthly_population_reports/568195 Pennsylvania Department of Corrections (2006). Recidivism in Pennsylvania State Correctional Institutions 1999-2004. Retrieved on August 31, 2010 from http://www.cor.st ate.pa.us/portal/server.pt/community/research___statistics/10669/annual_reports/567085 Pennsylvania Uniform Crime Reporting System (2008). Annual Report Robbery. Retrieved on August 31, 2010 from http://ucr.psp.state.pa.us/UCR/Reporting/Annual/AnnualFrames.asp?year=2008 Sentencing guidelines (2010). Retrieved August 30, 2010 from http://www.willdefend.com/CM/Custom/TOCSentencingGuidelines.asp

Acid Rain :: Free Essay Writer

Acid Rain Acid rain is caused by extra amounts of sulphur dioxide and nitrogen oxides. Natural sources of sulphur oxides and nitrogen oxides do exist, but are balanced by nature. Normal rain reacts with alkaline chemicals from the region's bedrock that are in the air, soils, lakes, and streams. This neutralizes the rain. However, if rain is more highly acidic, then the natural neutralizing chemicals can eventually become depleted. This is what is happening with more than 90% of the sulphur and 95% of the nitrogen emissions coming from humans. Approximately 40% of the nitrogen oxides come from transportation, about 25% from thermoelectric generating stations, and the balance from other industrial, commercial, and residential combustion processes. These pollutants come from the use of coal in the production of electricity, from smelting, and from the internal combustion engines in most cars. Once released into the atmosphere, they are converted into such pollutants as nitric acid and sulfuric ac id, both dissolving easily in water. This results in acidic water droplets that can be carried by prevailing winds, returning to Earth as acid rain, snow, or fog. This effects the lakes by changing the pH balance. As the water pH approaches 6, crustaceans, insects, and plankton begin to disappear. When the pH is slightly above 5, major changes start to happen, less desirable species of mosses and plankton may begin to flourish, whereas others will lessen in numbers and die off. Below pH of 5, the water is to acidic for many fish, the bottom is covered with undecayed material, and the shores may be dominated by mosses. Animals also are affected. Some ducks, for example, depend on fish and other organisms for nourishment and nutrients. As these food sources are reduced or eliminated, the population in that area declines and the reproductive success of the birds is affected. Plants are effected too. The acids can alter the protective waxy surface of leaves, lowering disease resistance. It also may slow down or stop plant germination and reproduction. The acids will accelerate soil weathering and removal of nutrients, which the plant need. And it will make some metals more soluble, for example, aluminum will be come high in concentration in the soil and clog the roots of the plants, stopping the intake of vital nutrients.   Ã‚  Ã‚  Ã‚  Ã‚  These are all good reasons we must be looking for new means of energy, in the very near future.

My First Job and First Salary Essay

I had the best feeling of my life when i got my first job and that i put as my most happiest and memorable moment of my life. I do still remember the date and time. For a middle class family girl getting a job is a big thing in life. After i got my offer letter from the i called my MOM first and she was so happy with the news, that was the day when i made my parents proud. I was more happy and satisfied that day and feeling of joblessness and insecurity gone from my mind. Those days i was so doubtful regarding job since me and my classmates were struggling for job. Everyone of us were trying hard but Biotechnology jobs are comparatively lesser than IT jobs. From my childhood i was very passionate about lifescience { May be i was so poor in Maths that i didnt have any other choice } Then came my first day at office, It was really different feeling again. From college to company. In college we wont have much tensions or pressure or deadline and you are totally independent of your ways. But professional life was very different. It was more or work, meeting deadlines and continuous learning and implementing those. There was lot to learn in professional life. Though it took few weeks for me to get adjusted with company culture and learning the work i need to do and mingling with my colleagues, but it was good experience. then came a day for which all employee waits â€Å"The Salary Day†. My first salary.. Though i bought materialistic things for my family with mhy first salary but it was real satisfaction for me and for them too. I was then INDEPNDENT girl. Though it seem simple but these experience are great and memorable.

Andrew Jackson Campaign Speech of 1828 Essay

My fellow Americans, the upcoming national elections present a very important choice. We can forge a â€Å"true† representative democracy for the first time in history, and be led by our directly elected leaders. Or we can continue to live in an aristocratic republic run by over-educated elitists who are not beholden to the will of the people, but only to themselves. As you all know, three years ago I won the popular vote for President, but was denied the office because of a â€Å"corrupt bargain† between the dishonorable Henry Clay and President Adams. The people’s choice was disregarded by the elite in power. As a result, I immediately resigned from the Senate and returned to Tennessee, where the legislature immediately nominated me for President again. I have spent the last three years preparing to right this terrible wrong and take back the people’s power to choose their own leaders. My opponent Mr. Adams dismisses me as a â€Å"military chieftain. † I have fought two wars for this country, and I am proud of it. I think one of the most important qualifications a President should have is a military background. We were invaded by the British only 15 years ago. That enemy is still in the Canadas agitating Indians to attack us, and waiting for another chance to invade. We have foreign enemies at our every border. Don’t forget the Spanish forces just to the south in Florida, and Mexico to the west, and Indians constantly raiding settlements all along the frontiers. These foreign threats are many and dire, and we need a President who has the experience to defend our nation against them. There are threats to our nation from within as well. The Second National Bank is a threat to our economic well-being. President Adams and Vice-president Clay both support the bank claiming that it provides stability. I say it does great harm to the average American. It is a financial monopoly controlled by a few wealthy easterners. It controls the credit for the entire country, prints paper money of dubious worth, and it is just plain unconstitutional. Out west thousands of ordinary shop keepers, millers, farmers and other business owners cannot get the currency and the loans they need to run their concerns. How do you develop and grow the economy of a new state without currency, or worse yet, with paper currency of dubious worth? I say let us do away with all paper money, I do not trust it. Gold and Silver coin have intrinsic and eternal value, paper does not. We should also rely on our local and state banks, run by the people who live in and understand our communities, to control the currency needed for commerce, not some faceless, monopolistic national bank. Another threat from within are the abolitionists. They care about one issue only, and would tear the nation apart to get their way. Slavery is necessary to the economy of the south. If we outlaw it, we will make criminals of thousands of slave owners overnight, and collapse all of the southern states’ economies. How will southern families feed and clothe themselves without their labor force? I say let the people and their states decide this issue for themselves. Many northern states have already outlawed slavery, and one day the southern states may follow. You cannot force a cultural change like this on people; you must let them come to it in their own way and time. That is the nature of democracy. President Adams is afraid of internal threats as well. His biggest fear is YOU! The people of this nation, the ordinary citizens of the United States are the gravest threat he faces. Our President doesn’t trust us. To him, we are the unwashed, ignorant masses who, given the chance, would run the country into the ground. The president has stated many times that he believes his precious republic will soon â€Å"degenerate into democracy; that government of the people will become government by the people. † I say it’s about time. I say â€Å"we the people† built this nation. We have marched across the continent, scratching out a living, and burying our children along the way to do it. I say â€Å"we the people† understand better than anyone what it takes to make this nation grow and prosper. I trust the common people of this nation, because I am one of the common people. I am not yet another wealthy land owner from Virginia, nor am I an aristocratic lawyer from Massachusetts. I am a just an old Indian fighter from Tennessee. I believe â€Å"we the people† who have sacrificed the most for this great nation have earned the right to govern it. But I need your help to make this happen. Already, the new states are entering the union with few restrictions on the vote. This has caused many the old states to change their ways as well. Eighteen of our states now choose their electors by popular vote, while only six still allow the legislature to choose their representatives for them. I urge you all to go to the polls on Election Day. With this election we can finally take back power from the old aristocracy. We can establish the legitimacy of majority rule based upon direct voting for candidates by the electorate, and guarantee preservation of the Union, with states’ rights as the fundamental basis of American liberty. This is the dawn of a new day for democracy and modern American politics. Please vote on Election Day. Thank you.

All About Caesar essays

All About Caesar essays Julius Caesar was born on July 13, 100 BC, in Rome. Born in one of the well known and oldest families of Rome, the history of his family can be traced back to Aeneas, the mortal son of goddess Venus. Julius Caesar was named after Julius, the son of Aeneas. Son of rich parents, his upbringing was modest. Julius Caesar, unlike other boys of his time, knew no luxury like jewels, expensive clothing and exotic food. His education was also different from that of other boys of his time. Generally Roman boys were tutored by Greek slaves bought by their parents. However, Caesars father, Gaius Caesar and mother Aurelia wanted Caesar to be tutored by a freeman. Gnipho, a gentle scholar was appointed as his tutor. He was a Gaul. From him Caesar learnt Latin, Greek, history, literature and mathematics. He also learned the language and ways of the people of Gaul. The young Gaul Caesar did not know that he would one day conquer and make it a part of the great Roman empire. Caesar spent his days happily, studying and playing with his friend, Marcus Cicero. Three important events occurred in his life. When he was 14, his uncle, Marius appointed Caesar as priest of Jupiter and member of the Sacred College. Caesar was very happy but his joy was short lived. His uncle died suddenly and two years later Caesar lost his father. After his fathers death, Caesar found a companion in his mother Aurelia. She was a woman of great wisdom and strong character. She devoted herself to the upbringing and betterment of her child and watched his career grow with pride. Suddenly the peace was shattered and the rule of the Popular Party came to an end. Sulla and 40,000 troops landed at Brindisi located at the heel of the Italian boot on the Adriatic coast to march into Rome. He was determined to take revenge against the people and Popular Party for overthrowing his government. Sulla was victorious and entered Rome with his army, where he was proclai...

15 Classic Poems for the New Year

15 Classic Poems for the New Year The turning of the calendar from one year to the next has always been a time of reflection and hope. We spend the days  summing up past experiences, bidding farewell to those we have lost, renewing old friendships, making plans and resolutions, and expressing our hopes for the future. All of these are fit subjects for poems, like these classics on New Year’s themes. Robert Burns,  Ã¢â‚¬Å"Song- Auld Lang Syne† (1788) It is a song that millions choose to sing every year as the clock strikes midnight and it is a timeless classic. Auld Lang Syne is both a song and a poem, after all, songs are poetry set to music, right? And yet, the tune we know today isnt quite the same thing that Robert Burns had in mind when he wrote it over two centuries ago. The melody has changed and a few of the words have been updated (and others have not) to meet modern tongues. For instance, in the last verse, Burns wrote: And there’s a hand, my trusty fere!And gie’s a hand o’ thine!And we’ll tak a right gude-willie waught, The modern version prefers: And thers a hand, my trusty friend,And gies a hand o thine;Well tak a cup o kindness yet, It is the phrase gude-willie waught that catches most people by surprise and its easy to see why many people choose to repeat cup o kindness yet. They do mean the same thing though, as gude-willie is Scottish adjective meaning  good-will  and  waught  means  hearty drink. Tip:  Ã‚  A common misconception is that  Sin is pronounced  zine  when really it is more like  sign. It means  since  and  auld lang syne  refers to something like old long since. Ella Wheeler Wilcox,  Ã¢â‚¬Å"The Year† (1910) If there is a New Years Eve poem worth putting to memory, it is Ella Wheeler Wilcoxs The Year. This short and rhythmical poem sums up everything we experience with the passing of each year and it rolls off the tongue when recited. What can be said in New Year rhymes,That’s not been said a thousand times?The new years come, the old years go,We know we dream, we dream we know.We rise up laughing with the light,We lie down weeping with the night.We hug the world until it stings,We curse it then and sigh for wings.We live, we love, we woo, we wed,We wreathe our brides, we sheet our dead.We laugh, we weep, we hope, we fear,And that’s the burden of the year. If you get the opportunity, read Wilcoxs  Ã¢â‚¬Å"New Year: A Dialogue.† Written in  1909, it is a fantastic dialogue between Mortal and The New Year in which the latter knocks on the door with offers of good cheer, hope, success, health, and love. The reluctant and downcast mortal is finally lured in. It is a brilliant commentary on how the new year often revives us even though it is just another day on the calendar. Helen Hunt Jackson,  Ã¢â‚¬Å"New Year’s Morning† (1892) Along those same lines, Hellen Hunt Jacksons poem, New Years Morning discusses how its only one night and that each morning can be New Years. This is a fantastic piece of inspirational prose that ends with: Only a night from old to new;Only a sleep from night to morn.The new is but the old come true;Each sunrise sees a new year born. Alfred, Lord Tennyson,  Ã¢â‚¬Å"The Death of the Old Year† (1842) Poets often relate the old year with drudgery and sorrow and the new year with hope and lifted spirits. Alfred, Lord Tennyson did not shy away from these thoughts and the title of his poem, The Death of the Old Year captures the sentiment of the verses perfectly. In this classic poem, Tennyson spends the first four verses lamenting the years passing as if it were an old and dear friend on his death bed. The first stanza ends with four poignant lines: Old year you must not die;You came to us so readily,You lived with us so steadily,Old year you shall not die. As the verses move on, he counts down the hours: ’ Tis nearly twelve o’clock. Shake hands, before you die. Eventually, a new face is at his door and the narrator must Step from the corpse, and let him in. Tennyson addresses the new year in  Ã¢â‚¬Å"Ring Out, Wild Bells† (from In Memoriam A.H.H., 1849) as well. In this poem, he pleads with the wild bells to Ring out the grief, dying, pride, spite, and many more distasteful traits. As he does this, he asks the bells to ring in the good, the peace, the noble, and the true. More New Years Poetry Death, life, sadness, and hope; poets in the 19th and 20th centuries took these New Years themes to great extremes as they wrote. Some took an optimistic view while, for others, it seems to have only led to despair. As you explore this theme, be sure to read these classic poems and study some of the context of the poets lives as the influence is often very profound in understanding. William Cullen Bryant,  Ã¢â‚¬Å"A Song for New Year’s Eve† (1859) - Bryant reminds us that the old year is not yet gone and that we should enjoy it to the last second. Many people take this as a great reminder for life in general. Emily Dickinson,  Ã¢â‚¬Å"One Year ago - jots what?† (#296) - The new year makes many people look back and reflect. While not specifically about New Years Day, this brilliant poem is wildly introspective. The poet wrote it on the anniversary of her fathers death and her writing seems so jumbled, so distraught that it moves the reader. No matter your anniversary - death, loss... whatever - you have likely felt the same as Dickinson at one time. Christina Rossetti,  Ã¢â‚¬Å"Old and New Year Ditties† (1862) - The Victorian poet could be quite morbid and, surprisingly, this poem from the collection Goblin Market and Other Poems is one of her brighter works. It is very Biblical and offers hope and fulfillment. Also Recommended Francis Thompson,  Ã¢â‚¬Å"New Year’s Chimes† (1897)Thomas Hardy,  Ã¢â‚¬Å"The Darkling Thrush† (composed December 31, 1900, published 1902)Thomas Hardy,  Ã¢â‚¬Å"New Year’s Eve† (1906)D.H. Lawrence,  Ã¢â‚¬Å"New Year’s Eve† (1917) and  Ã¢â‚¬Å"New Year’s Night† (1917)John Clare,  Ã¢â‚¬Å"The Old Year† (1920)