The Internet Is A Method Of Communication And A Source Essays

The Internet is a method of communication and a source of information that is becoming more popular among those who are interested in, and have the time to surf the information superhighway. The problem with this much information being accessible to this many people is that some of it is deemed inappropriate for minors. The government wants censorship, but a segment of the population does not. Legislative regulation of the Internet would be an appropriate function of the government. The Communications Decency Act is an amendment which prevents the information superhighway from becoming a computer "red light district." On June 14, 1995, by a vote of 84-16, the United States Senate passed the amendment. It is now being brought through the House of Representatives.1 The Internet is owned and operated by the government, which gives them the obligation to restrict the materials available through it. Though it appears to have sprung up overnight, the inspiration of free-spirited hackers, it in fact was born in Defense Department Cold War projects of the 1950s.2 The United States Government owns the Internet and has the responsibility to determine who uses it and how it is used. The government must control what information is accessible from its agencies. This material is not lawfully available through the mail or over the telephone, there is no valid reason these perverts should be allowed unimpeded on the Internet. Since our initiative, the industry has commendably advanced some blocking devices, but they are not a substitute for well-reasoned law.4 Because the Internet has become one of the biggest sources of information in this world, legislative safeguards are imperative. The government gives citizens the privilege of using the Internet, but it has never given them the right to use it. They seem to rationalize that the framers of the constitution planned & plotted at great length to make certain that above all else, the profiteering pornographer, the pervert and the pedophile must be free to practice their pursuits in the presence of children on a taxpayer created and subsidized computer network.3 People like this are the ones in the wrong. Taxpayer's dollars are being spent bringing obscene text and graphics into the homes of people all over the world. The government must take control to prevent pornographers from using the Internet however they see fit because they are breaking laws that have existed for years. Cyberpunks, those most popularly associated with the Internet, are members of a rebellious society that are polluting these networks with information containing pornography, racism, and other forms of explicit information. When they start rooting around for a crime, new cybercops are entering a pretty unfriendly environment. Cyberspace, especially the Internet, is full of those who embrace a frontier culture that is hostile to authority and fearful that any intrusions of police or government will destroy their self-regulating world.5 The self-regulating environment desired by the cyberpunks is an opportunity to do whatever they want. The Communications Decency Act is an attempt on part of the government to control their "free attitude" displayed in homepages such as "Sex, Adult Pictures, X-Rated Porn", "Hot Sleazy Pictures (Cum again + again)" and "sex, sex, sex. heck, it's better even better than real sex"6. "What we are doing is simply making the same laws, held constitutional time and time again by the courts with regard to obscenity and indecency through the mail and telephones, applicable to the Internet."7 To keep these kinds of pictures off home computers, the government must control information on the Internet, just as it controls obscenity through the mail or on the phone. Legislative regulations must be made to control information on the Internet because the displaying or distribution of obscene material is illegal. The courts have generally held that obscenity is illegal under all circumstances for all ages, while "indecency" is generally allowable to adults, but that laws protecting children from this "lesser" form are acceptable. It's called protecting those among us who are children from the vagrancies of adults.8 The constitution of the United States has set regulations to determine what is categorized as obscenity and what is not. In Miller vs. California, 413 U.S. at 24-25, the court announced its "Miller Test" and held, at 29, that its three part test constituted "concrete guidelines to isolate 'hard core' pornography from expression protected by the First Amendment.9 By laws previously set by the government, obscene pornography should not be accessible on the Internet. The government must police the Internet because people are breaking laws. "Right now, cyberspace is like a neighborhood without a police department."10 Currently anyone can put anything he wants on the Internet with no penalties. "The Communications Decency Act gives law enforcement new tools to prosecute those who would use a computer to make the equivalent of obscene telephone calls, to prosecute 'electronic

Principles of the Human Relations Movement Essays

Principles of the Human Relations Movement Essays Principles of the Human Relations Movement Essay Principles of the Human Relations Movement Essay In today’s successful organisations, the most important focus is managing individual employee satisfaction and motivation, apart from complying with formal rules and operating procedures, to maintain high qualityproductivity. Unlike the classical perspectives of management such as Scientific Management and Bureaucracy, â€Å"the importance of informal social factors in the work place such as co-worker relationships and group norms that influence employee motivation and performance is highlighted† (Macky Johnson, 2003, p. 2) under the ‘Human Relations Movement’. This essay will discuss how the Human Relations Movement has been adapted and carried out successfully in New Zealand by the restaurant chain, Starbucks Coffee. By focusing on the principles of maintaining a socialised natural group working environment and two-way communication between employees and managers, this essay will demonstrate how they became the most powerful and w ell-known coffee franchise restaurant in New Zealand market. To start with, the Human Relations Movement firstly emphasises the importance of the working environment for employees as a socialised natural group in which social aspects for both employees and managers take precedence over functional organisational structures. Elton Mayo, who was called â€Å"the founder of both the Human Relations Movement and of industrial sociology† (Pugh Hickson, 1989, P. 152), had the basic idea that â€Å"workers had strong social needs which they tried to satisfy through membership of informal social groups at work place† (Nicholson, 1998, p. 15). Opposing the classical perspectives of management principles of the Scientific Management and Bureaucracy, Mayo claimed that scientifically clarified rules, strict work procedure and incentive money payments were not the only stimulus to inspire workers and that they were â€Å"less factors in determining output than were group standards, sentiments and security† (Robbins, Millett Waters-Mar sh, 2004, p. 815-816) after he proceeded an experiment, called the ‘Hawthorne Experiment’. According to the Hawthorne Studies, employees were motivated to work harder and efficiently when managers provided a more comfortable and informal working environment taking into account individual satisfaction and their personal needs rather than manipulating employees by way of higher remuneration. Mayo demonstrated that an organisation could not generate much beneficial output if managers â€Å"treat workers simply as economic individuals wanting to maximise pay and minimise effort† (cited Nicholson, 1998, p. 215). As a result, â€Å"managers would no longer consider the issue of organisation design without including the effects on work groups and employee attitudes† (Robbins Barnwell, 2006, p. 47). They now see their jobs as dealing with human beings rather than simply with work. One of the most well-known and influencing coffee franchise restaurants in New Zealand, Starbucks Coffee, tries its best to offer an informal and social working environment in which employees can enjoy themselves and be enthusiastic, in order to satisfy and motivate those employees at the same time increasing company sales. The company expects and encourages every employee to participate in developing plans, creating and achieving their goals. First of all, Starbucks Coffee, for example, treats every employee equally and they are all called ‘partners’. Therefore, those employees can feel more familiar and closer to their work place which could otherwise have been formal and difficult to feel part of. Also, Starbucks Coffee puts its effort into paying attention to employees, so as to satisfy their personal needs and wants. Managers schedule and allocate employees’ work hours and schedule time off with the needs of those employees being central. Additionally, employees, including part-time employees, for instance, are provided a number of benefits such as medical and dental health care coverage, vacations, discounts on merchandise, etc, apart from money. Also, Starbucks Coffee develops tools and courses to support and train employees towards their future career development. Although the costs of these partner benefits are rapidly rising, Starbucks Coffee covers the financial risks and funds to display benefits and training courses, because it is aware how employee satisfaction affects the productivity and behaviour towards customers. Accordingly, great treatment of employees in the well-developed and humanly concentrated environment has brought Starbucks Coffee much impact on the high quality services to customers and thus an increase in company sales each year. In addition to the Human Relations Management being focused on the importance of the working environment for employees as a socialised natural group that is aimed at satisfying personal needs and wants of each employee, there is another significant principle of the Human Relations Movement. This is two way communications between employees and managers. According to the Hawthorne experiment, which was performed by Elton Mayo, as explained above, Bartol (2005) advocates that â€Å"collaborative and co-operative supervisor-and-worker relationships was emphasised† (Bartol, Tein, Matthews Martin, 2005, P. 3) Mayo carried out an experiment about the effects of physical conditions of work. During the experiment, he observed the impact on the productivity of workers by varying the lighting conditions, however there was no particular change found that affected workers. Mayo (1932, P. 153, as cited in Pugh Hickson, 1989) eventually realised that â€Å"communication between workers an d the research team was very full and open throughout the experimental period. † Mayo had discovered that the communication was one of the most effective fundamentals to stimulate the motivation of employees so as to boom a level of production. Unlike the classical perspectives of management principles of the Scientific Management and Bureaucracy, which stated the significance of one way communication by giving orders and requirements from managers to workers, the Human Relations Movement stresses â€Å"the importance of an adequate communication system, particularly upwards from workers to management (Pugh Hickson, 1989, P. 155). In today’s organisations, employees have a right to express and indicate their opinions and personal thoughts towards the management, so that the decisions can be made widely throughout whole organisation. As a result, in order to operate this management system, the role of managers in the organisation requires them to have â€Å"social skills as well as technical skills† (Bartol, Tein, Matthews Martin, 2005, P. 43) to understand the influence of human control on organisational outputs. Starbucks, for instance, performs its operations under the principles of the Human Relations Movement by displaying two-way communication between employees and managers in their work environment. In the first place, Starbucks Coffee ensures all its policies, standards and procedures are communicated between employees and managers. Managers in this organisation allow employees to provide their own suggestions and complaints, therefore Starbucks Coffee can improve its effectiveness and correct any deficiencies. The managers conduct daily and weekly interviews to listen to what individual employees want. Starbucks Coffee also holds a special survey for employees every 18 to 24 months, called a ‘Partner View Survey’. By operating this survey, employees give the management feedback as they are requested to point out what in the organisation performs well and issues which it needs to consider more closely. In addition, Starbucks supplies training courses for managers so that they can act as role models for employees and can lead and control employees in a positive manner. This organisation is concerned about the importance of personal control with every employee so as to construct a closer and informal relationship with each other. Starbucks Coffee is hence continuing to develop passionate, motivated employees who have a large impact on their consistent sale increases. As stated so far, the Human Relations Movement is mainly based on the satisfaction and motivation of each individual employee rather than a formally structured organisational group. As distinct from Scientific Management and Bureaucracy, a socialised natural work environment for employees and two-way communication between employees and managers, especially upwards from employees to managers, conceptualises the Human Relations Movement. Starbucks Coffee could become one of the most successful coffee franchise restaurants in New Zealand, because it has adapted well to and operate effectively in modern management based on the Human Relations Movement. Managers show their respect towards individual employee by treating every employee equally. Also the organisation offers employees a lot of personal benefits rather than incentives. Besides, the management in Starbuck Coffee open their minds to communicate efficiently with employees as they conduct a survey, interview and receive feedback. Overall, as a result, the Human Relations Movement is an obviously essential method of the management that modern organisations must apply to operate as a successful and influencing business in the market. 1359 Words Reference List Badol, K. , Tein, M. , Matthews, G. Martin D. (2005). Management: A Pacific Rim Focus 4E. Mc Graw Hill Australia. James, H. (2003). The Gurus who created Modern Management and why their ideas are bad for Business today. Cambridge. MA Perseus Books Group. Macky, K. Johnson, G. (2003). Managing Human Resources in New Zealand (2nd ed. . Mc Graw Hill Australia. Nicholson, N. (1998). Encyclopedic Dictionary of Organisational Behaviour. Blackwell. Pugh, D. S. Hickson, D. J. (1989). Writers on Organisations – An invaluable introduction to the ideas and arguments of leading writers on MGMT (4th ed). Penguin Business. Robbins, S. P. Barnwell, N. (2006). Organisation Theory – Concepts and cases (5th ed. ). Pearson education Australia. Robbins, S. P . Judge, T. A. (2007). Organisational Behavior. Robbins, S. P. , Millett, B. Waters-Marsh. (2004). Organisational Behaviour. Pearson

Advocates of the American Constitution Essay Example for Free

Advocates of the American Constitution Essay ? Obtained a strategic advantage over those who opposed it by taking up the name Federalist for themselves and by identifying the adversaries Anti-Federalists. Federalists supported state rule and disagreed with a central national government. By holding the title Federalist, Hamilton and other authors got an additional advantage for their position and got around an extreme conflict over the issue of state versus national power. They emerged as advocates of states’ rights and this idea was clearly explained in The Federalist Papers, yet they were also evidently advocating for a strong national government. The essays were signed â€Å"Publius† after Publius Valerius who was the state builder and who rebuild the Roman republic following the removing from power Rome’s last king called Tarquin. Plutarch measured Publius favorably against Solon who was Greece’s law giver. And at that instant a modern Publius would have helped erect the new American republic. By opting for a name like Publius, the authors of the Federalist were following a practice which was common among the eighteenth-century writers. The writers used to publish a combined work under a fictitious name instead of a byline. If Hamilton, Madison, and Jay had revealed their identity in The Federalist Papers then they would have been known as advocates of specific positions instead of being recognized by their arguments, and also this would have become a part of the argument over the Constitution. Further more; choosing secrecy was also because of the enmity between Hamilton and George Clinton the New York Governor. Interestingly Hamilton was the single New York ambassador who signed the Constitution. On the contrary, Clinton was an Anti-Federalist who was heading a state where people opposing the new Constitution were in majority. Therefore, opting for Publius was somewhat an effort to shift the discussion away from the personal bitterness between Hamilton and Clinton. As the need of unification has been signified, and the Articles of Confederation had arrears, it was explained by the Publius that a strong republican government was shaped by the Constitution, yet checks and balances controlled it. This type of government, which was strong and had checks, would maintain freedom and assets, and bring back respect for America overseas. Although an un-amended Constitution was opposed by two thirds of the nominated representatives at the New York conventions, the provision of other political writers was done by the Publius. At the same time as replying to explicit Anti-federalist arguments, The Federalist presented an integrated theory of the philosophies upon which the new Constitution was based. History, experience, and reason were the bases of this philosophical foundation, and the long existence of the republican government was verified by this foundation in relation with the examples of failed governments in the past, which were unable to survive. Countering the belief, which is often ascribed to Montesquieu, that republics could stay alive only in small areas taken by identical inhabitants, Madison in The Federalist no. 10 argued that republics could flourish best in large areas where different groups constantly competed with each other. During the constant struggles of these groups the independence of both majorities and minorities would be preserved. This republic would provide better leadership by expanding the group of qualified persons from which delegates would be selected. The Federalist no. 10 by Madison, as mentioned before, was very influential in U. S. political history and philosophy. The separation of the three branches of the federal government had to be done, as the role of a check upon the other was played by each branch in the government Although these three branches were not completely separate the practicality of each division was assured by assigning it enough power to protect itself against the actions of the other division. Furthermore, if any branch exceeded its role as defined in the Constitution then the other branches could proceed by checking on the misuse of power. Moreover, it was also stated by the Publius that freedom was protected by the new Constitution by the provision of power to the central, as well as, state governments. Specific areas of power and simultaneous powers were determined by this new federalism. It was mentioned by the Publius that a central government with restricted powers was created by the Constitution. In this regard, identification of the Congress’s, as well as, President’s powers was also done. The people and the states were left with all the remaining powers completely. If the legislative body dishonored their power and authority bestowed on them then the people could substitute them during the regular elections ensured by the Constitution. On the other hand, if the President or the judiciary breached the confidence of the people, Congress could prosecute them and if convicted Congress could remove them from their designation and from their office. The debate that was going on was based on vocabulary that is circling around the gist of the thoughts constitutive of republican dialogue. They are liberty, tyranny, virtue, corruption, representation, and even republic. It has been said before, along with rationalizations, that the new created American republic was the combined efforts of Federalists and Anti-federalists. A new political system was created not by ordains of a single lawmaker but instead was fought to bring it to life and was constructed jointly by having a powerful discussion between supporters of different political affiliations and theoretical standpoints. â€Å"The ratification debate produced an enormous outpouring of newspaper articles, pamphlets, sermons, and tracts, both for and against the new design. Of the former The Federalist is by far the most famous and certainly the most widely read in our day. The Anti-federalist case against the Constitution, by contrast, is today rarely read or even remembered. Once described (and dismissed) as mere nay-Sayers and men of little faith, the Anti-federalists are now more often regarded as the other founders. † Advocates of the American Constitution. (2017, May 24).

Written Business Communication (Assignment #4C) Assignment

Written Business Communication ( #4C) - Assignment Example I would like to kindly remind you on the yearly warranty that you issued when you installed the gates since I suppose that will help you track the information on the same. For more clarity, I have attached the company’s proposal invoice to attest that the installation of the iron gates is still within the warranty and so still valid. All day shift employees are required to park in lots A and Lots B in the assigned spaces. On the other hand, the daytime employees are reminded not to park in the curbs lots, but eventually they may loan spaces to other distinguished employees that is if the parking spaces are not in use. To receive the a white sticker, please stop by the relations, employee at the cafeteria October 1st and it will be from 11:30 a.m. to 1:30 p.m. and also 3:00 to 5:00 to take their applications and also be issued with the white parking stickers. The swing shift employees may also park at the curb before evening at 3:00. Furthermore, after 3:00 p.m. all the swing shift employees are allowed to park in any empty parking space, even those for the Tandem, Handicapped or event management. For everyone’s convenience, we are all encouraged to register ourselves with the employee relation. This way there will be no inconvenience caused to any employee as far as parking space is concerned. Please stop at the cafeteria and get your white sticker at the most convenient time. All the tickets will be issued to all the cars that will not be having the sticker. By doing all that is needed there will be smooth parking activities and time also will be saved for more productive issues rather than things that are less

Profitability ratios in financial ratio analysis Essay

Profitability ratios in financial ratio analysis - Essay Example Ratio Analysis is a popular technique which helps in analysing a company’s performance over a given period of time.Although this technique has some limitations, it is broadly used around the world in analysing the performance of different organisationsAs per the Income Statement and the Balance Sheet, the company seems to be a very good profitable organisation but a mere look upon these two financial statements do not give a decisive position about a company’s performance, hence proper analysis needs to be done. Ratio Analysis is one of the popular technique which helps in analysing a company’s performance over a given period of time. Although this technique has some limitations, it is broadly used around the world in analysing the performance of different organisations around the world. The performance of Uffington Plc is analysed by using the ratio analysis technique. The ratio analysis uses different types of ratio which are based upon different aspects of per formance in a company and finally a company’s performance is evaluated under all those different ratios.â€Å"Profitability ratios show a company's overall efficiency and performance. We can divide profitability ratios into two types: margins and returns. Ratios that show margins represent the firm's ability to translate sales pounds into profits at various stages of measurement. Ratios that show returns represent the firm's ability to measure the overall efficiency of the firm in generating returns for its shareholders† (About.com).... The ratio analysis uses different types of ratio which are based upon different aspects of performance in a company and finally a company’s performance is evaluated under all those different ratios. â€Å"Profitability ratios show a company's overall efficiency and performance. We can divide profitability ratios into two types: margins and returns. Ratios that show margins represent the firm's ability to translate sales pounds into profits at various stages of measurement. Ratios that show returns represent the firm's ability to measure the overall efficiency of the firm in generating returns for its shareholders† (About.com). Gross Profit Margin ratio is a profitability ratio which reveals the amount of gross profit as a percentage of the sales revenue. Uffington plc’s Gross Profit Margin has improved from 30% in 2008 to 35% in 2009. This indicates that the company has improved its performance during the year 2009 but if these results are compared with the indus try average trends for Uffington plc, the company has not performed although the company is trying to achieve the industry average gross profit margin of 50%. Uffington plc would need to increase its revenue or cut its costs dramatically to reach the industry average gross profit margin of 50%. Liquidity ratios are a measure of ascertaining the day to day running of a company; it is merely a measure of ascertaining a company’s ability to pay off its obligations as they fall due. These obligations are generally the current liabilities and these current liabilities can be met by having appropriate current assets. The current ratio is a measure that analyses a company’s ability to pay off its current liabilities by negotiating its current assets. Uffington plc

Analyzing the Polluter Pays Principle Through Law and Economics Essay Example for Free

Analyzing the Polluter Pays Principle Through Law and Economics Essay The ‘polluter pays principle’ states that whoever is responsible for damage to the environment should bear the costs associated with it. The Polluter Pays Principle (PPP) is one of the internationally recognized principles that in? uence the shaping of environmental policy at both the national and international level. As one of the environmental principles that have developed ‘from political slogans to legal rules,’ it is also increasingly re? ected in national and international law. It is seen and analyzed both as a principle of environmental economics and as a principle of environmental law. In environmental economics, it is discussed as an ef? ciency principle of internalization of environmental costs. As a legal principle, it is usually treated as a principle for the allocation of the cost of pollution prevention, and for liability and compensation for environmental damage. In general, it is regarded as an important and ‘right’ principle in the perspective of environmental protection. It is often mentioned together with other major environmental principles such as the precautionary principle, the principle of prevention and the principle of integration. In general, it is regarded as an important and ‘right’ principle in the perspective of environmental protection. It is often mentioned together with other major environmental principles such as the precautionary principle, the principle of prevention and the principle of integration. The â€Å"polluter pays principle† (PPP or principle) requires the polluter to bear the expense of preventing, controlling, and cleaning up pollution. Its main goals are cost allocation and cost internalization. In 1972, the Organisation for Economic Co-operation and Development (OECD) articulated the principle explicitly and in 1989 indicated that it should be applied to agriculture. Though the principle originated as an economic principle, since 1990 it has been recognized internationally as a legal principle. The PPP now plays an important role in national and international environmental policy. The European Community (EC) adopted the principle in the 1987 Single European Act, and it has appeared in international agreements, including the Rio Declaration of 1992. The principle is an explicit part of legislation in some nations; in others, it is an implicit subtext for both environmental regulation and liability for pollution. Historical Evolution Of Polluter Pays Principle The polluter pays principle, like the other great towering principles that today influence international environmental law, such as: (1) the sustainable development principle; (2) the prevention principle; (3) the precautionary principle; and (4) the proximity principle, started as a political declaration without legal force. The polluter pays principle has been included in documents with legal status. For instance, many modern constitutions in the European Union explicitly provide for a right to a clean environment and thus environmental policy principles also constitute environmental law. The right to a clean environment implies a duty of the state to protect its citizens, but it is questionable whether these principles or social rights can yet be considered subjective rights, meaning that they can be enforced by citizens in a court. However, some see the right to a clean environment as a human or natural right existing independently of politically decided treaties. Finally, the polluter pays principles is now seen in specific pieces of legislation becoming more (or some might say ‘less’) than a grand constitutional statement of an intractable human right. OECD – the birth of the polluter pays principle Some explanation of the sometimes arbitrary course of the principle of polluter pays can be found in its historical development. The principle first appeared in a legal context in a document prepared by the international Organization for Economic Cooperation and Development (â€Å"OECD†) and included the following recommendation: â€Å"The principle to be used for allocating costs of pollution prevention and control measures to encourage rational use of scarce environmental resources and to avoid distortions in international trade and investment is the so-called ‘Polluter Pays principle’. This principle means that the polluter should bear the expenses of carrying out the above mentioned measures decided by public authorities to ensure that the environment is in an acceptable state. In other words, the cost of these measures should be reflected in the costs of goods and services which cause pollution in production and/or consumption. Such measures should not be accompanied by subsidies that would create significant distortions in international trade and investment†. In 2001, the OECD Joint Working Party on Agriculture and Environment, after years of gestation and development by other organisations, stated that a new and expanded form of the polluter pays principle should provide that: the polluter should be held responsible for environmental damage caused and bear the expenses of carrying out pollution prevention measures or paying for damaging the state of the environment where the consumptive or productive activities causing the environmental damage are not covered by property rights. United Nations – the Rio Declaration This proclamation was proved, at least on paper, if not yet by jus cogens, in 1992 when the United Nations Conference on the Environment and Development delegates agreed on the Rio Declaration on Environment and Development (the â€Å"Rio Declaration†), which has been described as an â€Å"instrument of international jurisprudence [that] articulates policies and prescriptions directed at the achievement of worl dwide sustainable development†. It is of note that Principle 16 of the Rio Declaration provides that: â€Å"[n]ational authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment†. The principle’s appearance in such a seminal statement of the undamental principles of international environmental law demonstrates its significance in environmental liability regimes around the world. United States The principle has to some extent informed United States’ legislation, but its influence should not be overstated and commentators note that: â€Å"The United States, in contrast to the European nations, does not officially recognize the [polluter pays principle] as a distinct principle or policy mandate, but does, by natural political and economic inc lination, closely follow its precepts in practice†. Certain provisions of the United States’ Clean Air Act 1970 (the â€Å"CAA†) and Clean Water Act 1977 (the â€Å"CWA†) require polluters to satisfy environmental standards at their own expense; and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (â€Å"CERCLA†) assigns liability for costs associated with cleaning-up sites contaminated by hazardous wastes. CERCLA is a notable milestone in the development of the polluter pays principle in the United States and commentators have noted that: â€Å"the polluter pays principle is one of the central objectives or goals of CERCLA†. Flaws in the Polluter Pays Principle Few people could disagree with what seems at first glance to be such a straightforward proposition. Indeed, properly construed, this is not only a sound principle for dealing with those who pollute but is an extension of one of the most basic principles of fairness and justice: people should be held responsible for their actions. Those who cause damage or harm to other people should pay for that damage. This appeal to our sense of justice is why the polluter pays principle (PPP) has come to resonate so strongly with both policy makers and the public. As a general rule, sound economic analysis of pollution and environmental problems must also be based on the principle of responsibility. Forcing polluters to bear the costs of their activities is good economics too; it not only advances fairness and justice, but also enhances economic efficiency. In other words, with appropriate policies based on a PPP, we should not have to give up the economic efficiency of a free market system based on private property in order to obtain environmental protection, nor vice versa. But as with most such general principles, the devil is in the details. In this case, the details relate to three basic questions that any application of the PPP must answer. First, how do we define pollution and therefore a polluter? Second, how much should the polluter pay, once he is identified? Third, to whom should the payment be made? The answers to these questions are at the heart of whether any application of the PPP will be either just or economically efficient. A correctly construed polluter pays principle would penalize those who injure other people by harming their persons, or by degrading their property. Too often, however, the PPP is misdefined and misused to suppress private economic activity that benefits the parties directly involved and does no specific damage to other people, but which offends those who oppose human impact on the environment and prefer to leave resources undeveloped. The objective is to restrain the resource use at the expense of the property owners and consumers without cost to those who wish to see the resources remain idle. Under such a misapplication of the PPP, very often a polluter is not someone who is harming others, but is someone who is simply using his own property and resources in a way that is not approved of by government officials or environmentalists. In such cases there is no harm to be measured and no real victims to compensate. Consequently, the amount to be paid is not determined by the extent of any actual damage done. Rather, it is set at a level that curbs the politically disfavored activity to the degree desired by its opponents. And finally, the payment (whether there are real victims or not) typically goes to the government in the form of a tax. In other words, in most cases, the PPP is used as cover to promote a political or ideological agenda rather than to ensure that real polluters pay compensation to real victims of their activities. Constitutional and Legislative Measures Stockholm Declaration of 1972 was perhaps the first major attempt to conserve and protect the human environment at the international level. As a consequence of this Declaration, the States were required to adopt legislative measures to protect and improve the environment. Accordingly, Indian Parliament inserted two Articles, i. e. ,, 48A and 51A in the Constitution of India in 1976, Article 48A of the Constitution rightly directs that the State shall endeavour to protect and improve the environment and safeguard forests and wildlife of the country. Similarly, clause (g) of Article 51A imposes a duty on every citizen of India, to protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures. The cumulative effect of Articles 48A and 51A (g) seems to be that the State as well as the citizens both are now under constitutional obligation to conserve, perceive, protect and improve the environment. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. The phrase ‘protect and improve’ appearing in both the Articles 48A and 51A (g) seems to contemplate an affirmative government action to improve the quality of environment and not just to preserve the environment in its degraded form. Apart from the constitutional mandate to protect and improve the environment, there are a plenty of legislations on the subject but more relevant enactments for our purpose are the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; Public Liability Insurance Act, 1991; the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997; the Wildlife (Protection) Act, 1972; the Forest (Conservation) Act, 1980. The Water Act provides for the prevention and control of water pollution and the maintaining or resorting of the wholesomeness of water. The Act prohibits any poisonous, noxious or polluting matter from entering into any stream or well. The Act provides for the formation of Central Pollution Control Board and the State Pollution Control Board. The new industries are required to obtain prior approval of such Boards before discharging any trade effluent, sewages into water bodies. No person, without the previous consent of the Boards shall bring into use new or altered outlet for the discharge of sewage or trade effluent into a stream or well or sewer or on land. The consent of the Boards shall also be required for continuing an existing discharge of sewage or trade effluent into a stream or well or sewer or land. In the Ganga Water Pollution case, the owners of some tanneries near Kanpur were discharging their effluents from their factories in Ganga without setting up primary treatment plants. The Supreme Court held that the financial capacity of the tanneries should be considered as irrelevant while requiring them to establish primary treatment plants. The Court directed to stop the running of these tanneries and also not to let out trade effluents from the tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a permanent process by setting up primary treatment plants as approved by the State Pollution Control Board. The Water (Prevention and Control of Pollution) Cess Act, 1977 aims to provide levy and collection of a cess on water consumed by persons carrying certain industries and local authorities to augment the resources of the Central Board and the State Boards constituted for the prevention and control of water pollution. The object is to realise money from those whose activities lead to pollution and who must bear the expenses of the maintaining and running of such Boards. The industries may obtain a rebate as to the extent of 25% if they set up treatment plant of sewage or trade effluent. The Air Act has been designed to prevent, control and abatement of air pollution. The major sources of air pollution are industries, automobiles, domestic fires, etc. The air pollution adversely affects heart and lung and reacts with hemoglobin in the blood. According to Roggar Mustress, the American Scientist, air pollution causes mental tension which leads to increase in crimes in the society. The Air Act defines an air pollutant as any solid, liquid or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. The Act provides that no person shall without the previous consent of the State Board establish or operate any industrial plant in an air-pollution control area. The Central Pollution Control Board and the State Pollution Control Board constituted under the Water Act shall also perform the power and functions under the Air Act. The main function of the Boards under the Air Act is to improve the quality of air and to prevent, control and abate air pollution in the country. The permission granted by the Board may be conditional one wherein stipulations are made in respect of raising of stack height and to provide various control equipments and monitoring equipments. It is expressly provided that persons carrying on industry shall not allow emission of air pollutant in excess of standards laid down by the Board. In Delhi, the public transport system including buses and taxies are operating on a single fuel CNG mode on the directions given by the Supreme Court. Initially, there was a lot of resistance from bus and taxi operators. But now they themselves realise that the use of CNG is not only environment friendly but also economical. Noise has been taken as air pollutant within the meaning of Air Act. Sound becomes noise when it causes annoyance or irritates. There are many sources of noise pollution like factories, vehicles, reckless use of loudspeakers in marriages, religious ceremonies, religious places, etc. Use of crackers on festivals, winning of teams in the games, and other such occasions causes not only noise pollution but also air pollution. The Air Act prevents and controls both these pollutions. The Environment (Protection) Act, 1986 was enacted to provide for the protection and improvement of the quality of environment and preventing, controlling and abating environmental pollution. The Act came into existence as a direct consequence of the Bhopal Gas Tragedy. The term environment’ has been defined to include water, air and land, and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property.

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Revised Bernice Bobs Her Hair F Scott Fitzgerald 3 February, 2014 Kaley Witwer A) As the title already tell the reader, Bernice is the protagonist. She can be very unappealing at times, most because she’s a really boring and predictable character especially when most of her conversations with others lead to talking about the weather, she is also very naive because she doesn’t understand why she is unpopular with people or why boys don’t like her. At the end other the story though we like her because she seeks revenge on her cousin and sticks to her word even though it turns into a disaster. Marjorie, the cousin, at first is looked at as an antagonist because she talks bad about Bernice behind her back (which Bernice overhears), but then she is seen as a foil because she helps Bernice learn the ways to become popular, only to then regret this decision and takes it upon herself to tell everyone that Bernice didn’t actually bob her hair like she said. She then becomes the antagonist again. This shows that Majorie is self-centered becaus e she doesn’t want Bernice to take the ‘limelight’...