Eminent Domain Government

Sample details Pages: 34 Words: 10349 Downloads: 8 Date added: 2017/06/26 Category Statistics Essay Did you like this example? An Assessment Eminent Domain and an Analysis of Broad Interpretations vs. Literal Interpretations Department of History, Humanities, Government For many years the judiciary system has become a medium for the making of policy. Major court cases have dictated the outcome of many issues that have been brought before the court. Don’t waste time! Our writers will create an original "Eminent Domain Government | Politics Dissertations" essay for you Create order Eminent domain and the right to privacy are not two subjects easily combined, but will be used in this thesis to discuss the matter of constitutional concepts that exist in a variable state. In observance, how the founding fathers may have interpreted the definition of eminent domain and the right to privacy may or may not necessarily be interpreted the same way by the Courts. If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. -James Madison, The Federalist Papers No. 51 Introduction It has been the challenge of all just and fair governments to create a system capable of both governing the masses for the purpose of maintaining order and finding the necessary boundaries needed to keep those entrusted with power from abusing their position and authority. The founding fathers of the Constitution of the United States of America spent one-hundred and sixteen days (Bernstein, 2004) attempting to build a system of checks and balances to ensure the protection of the governed from the government. Furthermore, the system was also built to allow those entrusted with power to have the authority to perform actions their wisdom judges as productive and fruitful to the community at large. The founding fathers, being both men and mortal, were not capable of seeing the vast, complex organism the society they were creating would someday become. They did not have the foresight to conceive a world capable of weapons of mass destruction, scientific endeavors of unlimited proportions, or all the possible future ethical states the American people could exist in. Nevertheless, the standards the Constitution holds and the values it possesses are capable of being interpreted within the current way of life. One of the Founding Fathers concepts that is being evaluated in twenty-first century terms is the constitutional component of eminent domain and the interpretation of it constitutional foundation. Thesis Statement This thesis is an examination of eminent domain as pertaining to the Founding Fathers understanding in the terms of current and contemporary perspectives. More specifically, this examination will be on the concept of eminent domain, which is the inherent power of the state to seize private property, and the current conflict of narrow vs. broad interpretations. This topic was chosen due to the fluctuating nature of the subject and the divide among current leaders in the interpretation on the matter. The examination will include a look at the court case decisions, Supreme Court Justices opinions, and an assessment of what the Framers of the United States Constitution had to say about the subject and what was its original intention. The examination will also observe which state eminent domain currently exist in; a trend towards narrow or broad interpretation. The method that will be used to explore eminent domain will be an objective assessment of current opinions on the matter from Supreme Court justices, experts of the topic, and literature reviews. This thesis is not a subjective opinion on eminent domain, but is a collection of evidence that evaluates the opinions and decisions of modern leaders. However, evidence does show that there is a trend towards a broad interpretation of eminent domain and the suggestion that eminent domain is being use to support large corporations and specific individuals for various financial reasons. The evidence does not invalidate the importance of eminent domain and its position in American society, but supports the argument for reevaluation of the issue for improved clarity and understanding. Purpose of Paper The purpose of the paper is to show the present development of the use of eminent domain and its main interpretations in the context of various situations and time periods. Its purpose includes the necessity to clarify terms that surround the eminent domain topic, such as taking clause or public use. A subsequent section will expand more on the definitions of terms and phrases. The first sections of this paper will study the idea of eminent domain and the reasoning for its existence founded within the Constitution and the words of the Founding Fathers. An assessment of recent court cases on the subject will also be explored to analyze the current interpretation of the topic of eminent domain. The purpose of midsection of the paper is to explain the law cases that decided the precedence for the use of eminent domain. The court cases main function is to illustrate the various situations were eminent domain was implemented, brought to court, and decided by Supreme Court justices. By doing this, an observation of the justices rationale, the diverse time periods, and the change in leadership can show what influenced the validation or invalidation of the use of eminent domain. The purpose of last sections of this paper is to show eminent domains various forms on an international and social level. It will expand on the concept of eminent domain found in other countries and on other levels not explicitly established in general examinations. The purpose is to answer the question of whether or not America is the only country faced with the dilemma of taking private property from private citizens. As well as the assessment of the interaction of eminent domain and religion and whether or not these interactions fall under the guise of separation of church and state. Property is surely a right of mankind as real as liberty. -John Adams, Defense of the Constitutions, 1787 Definition of Eminent Domain Related Terms Eminent Domain One of the cornerstones of a free society is the system of private property. The idea of economic liberty is founded not only in the doctrine of free enterprise but also on the principle that people have the right to accumulate the fruits of their earnings. Past discussions have asked if the government has the power to arbitrarily seize a persons wealth or property, whether a person can truly be considered free in an economic sense (Garner, 1975). Conflicts arise when discussing the right to hold private property and writing in the Constitution itself the ability to seize said property, i.e. the notion of eminent domain. That is why the framers deemed it critically important to protect peoples property from governmental assault through their adoption of the Fifth Amendment, which reads in part as follows: No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Fifth Amendment to the United States Constitution Eminent domain is defined by Blacks Law Dictionary as, The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. In the United States, the power of eminent domain is founded in both the federal (Fifth Amendment) and state constitutions. The Constitution limits the power to taking for a public purpose and prohibits the exercise of the power of eminent domain without just compensation to the owners of the property which is taken. The original purpose of eminent domain was to allow government officials to obtain property to help establish places to aid in the management of the government (Olivetti, 2003). This idea being that in order to run the government it would need courthouses, jails, and other government affiliated structures. During the early years of the American colonies and what would eventually become the United States, there was no need to invoke the power of eminent domain with the exceptions of roads and mills. However, during the industrial period in America as railroads, factories, and commercial industries developed, eminent domain also developed into a new, more prevalent role. The process of eminent domain usually proceeds in this manner: When a body of government desires to obtain privately held land, it first attempts to purchase the piece of property at fair market value. If it is not agreeable to the private property owner to sell their land, it is at this point the government files a court action to exercise their authority under eminent domain. It is then the governments burden to demonstrate that the negations were in good faith and that the use of the property is for public use and general welfare. If the government is successful in its argument measures are taken to assess the fair market value of the property, which the governments obligation to the owner. If the owner is noncompliant and does not wish to sell, both sides are allowed to appeal the others decision. This process follows the basic understanding of eminent domain. The current definition of eminent domain has reached a broader interpretation, both in courts and by certain experts. It is seen as an economic tool used to improve economically dead areas and is a vital tool, and in some cases the only tool left when it comes to improving a blighted area, transforming dangerous, abandoned and oftentimes drug-infested neighborhoods into modern mixed-use retail and residential complexes that not only create new jobs but also generate tax revenue (Boulard, 2006). This statement coincides with the summarized view that without the tool of eminent domain, America would not have been able to grow and progress during the time of industrialization. Railroads could not have been built without the land seized and given to it to be built upon. It is at this point questions are presented that ask if the almost sacred institution of private property is as stated sacred and there is an understanding that eminent domain is a necessary evil, why does conflict occur. If for the sake of economic growth and public welfare, eminent domain is justified then why does it have the stigma of evil it now has todays world? One could conclude that the state of eminent domain has passed its expiration date; that society, due to corruptness and greed, can no longer be trusted with the right to governmentally seize its citizens property even with just compensation? It should be understood that there is precedence for the government to seize an individuals property legally outside of the eminent domain. The government is authorized to obtain a persons property through the due-process clause of the Fifth and Fourteenth Amendments, only after following the principles of the due process of law, specifically notice and hearing. This only applies, however, when a person is being accused of defrauding the federal government. Before the government can punish a person through incarceration and fines i.e., deprive a person of liberty and property, it must provide them with both a notice and a hearing, where they are entitled to contest the charges against them (Bernstein, 2004). This illustrates the notion that when the government acquires an individual citizens property it is not necessarily a questionable act, but an act towards public welfare. There are two conditions the eminent domain clause of the Fifth Amendment must meet in order for eminent domain to be legally justified. The first is the public use stipulation arguing that in order for land to be taken for public use it must be for the welfare of the general public. The second condition is the just compensation clause that demands that the individual whose land has be taken by the government (state or federal) must be compensated fairly to elevate the pain of lost property. Together these two concepts as called the takings clause and embody the conditions eminent domain must meet to be considered a constitutionally supported act. . The Takings Clause As the examination of eminent domain continues another term that requires clarity is the term takings clause. In order to understand eminent domain and the court cases that surround the issue the term takings clause must be explained due to the frequency of the terms use. The takings clause is the culmination of both public use and just compensation powers found within the Fifth Amendment. The takings clause of the U.S. Constitution states basically: nor shall private property be taken for public use, without just compensation. The takings clause finds its foundation within the Magna Carta, section 39. The difference between Englands compulsory purchase clause of the Magna Carta and the takings clause of the Fifth Amendment is that England did not require compensation for land acquire by the government, but did require compensation for personal property. Public Use While the public use and just compensation limitations serve as a check on the power of eminent domain, over time the interpretation of the eminent domain section of the Fifth Amendment has been broadly understood, especially with respect to the concept of public use (Malloy, 2007). The term public use has become the one of the dividing factors in how one perceives the eminent domain clause of the Fifth Amendment. Justice Stevens commented on the usage of public use and its changing definition in his Kelo v. New London opinion: Indeed, while many state courts in the mid-19th century endorsed use by the public as the proper definition of public use, that narrow view steadily eroded over time. Not only was the use by the public test difficult to administer (e.g., what proportion of the public need have access to the property? at what price?), but it proved to be impractical given the diverse and always evolving needs of society. The general and cliental definition of public use is anything that contributes to the general welfare and prosperity of the whole community. The more in-depth definitions of public use are divided into two sides. The first is the literal definition of public use as that which is being used by the public, and the second being that public use is defined as that which improves public welfare. The second definition normally defining improvements as those that happen by proxy such as the building of arenas to improve the economic state of the surrounding area and the construction of a company building that will create jobs. Although the Supreme Court continues to show support to a broader interpretation of public use, there is a continued trend of support of a more literal view of the clause; not only by dissenting Justices themselves, but with the public as well (Garner, 1975). Summarizing the main view of critics of eminent domain the current use of eminent domain is viewed as being abused and requires more detailed understanding. Public opinion, however, has not deterred the Courts from their broader understanding of eminent domain and the public use component. In the Courts defense, they have stated that it is up to the judicial branch to decide whether or not the eminent domain contradicts other rights in the Constitution. However, the Court agrees that it is not their job to make policy based on their decisions. The Court has also stated that it is not up to the legislature to determine, when questioned, if an act of eminent domain will be condemned or protected by the defined term of public use. (United States Congress, 2005) For the idea of public use the question raised it this: Has the concept of public use been misinterpreted to enhance the benefits of private individuals, or is it that the understanding of public use and public welfare too vague? These questions will be address at the conclusion of this paper. Just Compensation The just compensation clause of eminent domain is not as severely examined as the public use clause. It should be noted that in the context of the cases pertaining to the subject of the just-compensation clause it is the abuses of the clause that are being examined more thoroughly then the situations that have used the just compensation clause properly. Courts cases Kelo v. City of New London (2005) and Berman v. Parker (1954) both are used as examples of how just compensation has been observed as being easily abused. These cases have stated in their decisions and opinions that the phrase just compensation can be considered as being abused in modern times in a way that the word just has been interpreted too broadly (Olivetti, 2003) FindLaw.com generally defines just compensation as: The general standard thus is the market value of the property, i.e., what a willing buyer would pay a willing seller. If fair market value does not exist or cannot be calculated, resort must be had to other data which will yield a fair compensation. Therefore the definition of just compensation fall under two categories. The first defines just compensation as the assessment of property at the current market value. The second defines just compensation as merely the state of some form of compensation; this factor existing because the owners of the property are not seemingly in a position to dispute the offer. The first problem created when examining the definition of the just compensation clause is what is considered just compensation. It can be argued that asking if just compensation is just is as subjective a question as asking what should be considered public use. When removing an owner from their property the question brought forward is whether one can measure compensation on something a sentimental as private property. Judicial Precedence: Major Eminent Domain Cases It is considered a prevalent view of many that eminent domain be viewed by strict parameters due to the gross violations of property rights (Malloy, 2007).These individuals believe that first, there has been some misinterpretation of the Fifth Amendment and second, that these misinterpretations have led to abuses that have consequences which benefit large corporations at the expense of individual homeowners and local communities i.e. Kelo v. City of New London (Oyez, 2005). Many dealings involving eminent domain have justly compensated those whose land was taken as a result of public use. In the context of the court cases pertaining to the subject of the eminent domain it is the abuses of the power of the government that is being examined more thoroughly then the situations were it is used properly. As the following topics examine eminent domain in the context of the courts and law it should be noted that the Fifth Amendment originally only applied only to federal government, not to state government. However the interpretation of the Supreme Court (United States Congress, 2005) suggests that through the due-process clause of the Fourteenth Amendment it incorporates each amendment within the Bill of Rights to each state individually. Therefore the Fourth Amendment applies the restrictions of the Fifth Amendment to the states (United States Congress, 2005). The information will assist in understanding the Supreme Court Judges use of logic in their decisions and opinions. The following cases will be discussed in chorological order in order to examine the progression of logic used by the Supreme Court judges and to examine the time period the case took place in order to observe any historical influences to their decisions. Berman v. Parker, 348 U.S. 26 (1954) In 1954, the U.S. Supreme Court decided on a major eminent-domain case, Berman v. Parker. In Berman v. Parker (1954), the case will set precedent for Justice OConnors argument in the Kelo opinion. The case came from D.C.s urban renewal plan in which the government condemned slum areas in Washingtons community. The process included the removal of citizens from blighted areas of the District of Columbia. Although the Washington D.C. local government was compensating people for the takings, many of the removed property owners protested to being forced to sell their homes. Their argument was that the governments urban renewal plan did not satisfy the requirements for an eminent domain order, nor did the power of eminent domain extend to such government projects as urban renewal. In addition a department store was in the designated area. The store owners argued that the store itself contradicted the idea of urban renewal due to the fact that the store did not constitute blight. The U.S. Supreme Court found in favor of the government. The Courts argument of the decision was that the purpose of urban renewal was a justifiable governmental act: Miserable and disreputable housing conditions may do more than spread disease and crime and immorality. They may also suffocate the spirit by reducing the people who live there to the status of cattle. They may indeed make living an almost insufferable burden. They may also be an ugly sore, a blight on the community which robs it of charm, which makes it a place from which men turn. The misery of housing may despoil a community as an open sewer may ruin a river. (Oyez, 1954) The Court held that eminent domain could be employed for urban renewal even if the title to the property would ultimately be received by private hands rather than be held by the D.C. government: Once the object is within the authority of Congress, the means by which it will be attained is also for Congress to determine. Here one of the means chosen is the use of private enterprise for redevelopment of the area. Appellants argue that this makes the project a taking from one businessman for the benefit of another businessman. But the means of executing the project are for Congress and Congress alone to determine, once the public purpose has been established. The public end may be as well or better served through an agency of private enterprise than through a department of government or so the Congress might conclude. We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects. (Oyez, 1954) The Supreme Courts decision in the Berman case concluded that the Supreme Court can find terms such as urban renewal legitimate as a basis for an eminent domain order. Those who believe in the literal interpretation of the Fifth Amendment consider terms similar to urban renewal contradict the original understanding of the takings clause of the Fifth Amendment. (Olivetti, 2003) This is in agreement the future argument of Justice OConner in her decision in the Kelo case. Oppositely, the Court argued that the use of eminent domain require a broad and general interpretation of the taking clause. In the opinion of the Kelo case Justice Douglas commented on precisely on this area of discussion: If owner after owner were permitted to resist these redevelopment programs on the ground that his particular property was not being used against the public interest, integrated plans for redevelopment would suffer greatly. (Oyez, 1954) Douglas noted the issue of taking from one businessman for the benefit of another businessman, presented by the landowners, was proven justifiable due to the fact that Congress created an entire redevelopment plan. The Supreme Court found that although there are properties that do not fall under the purview of public use their service under the function of the redevelopment plan therefore serve a public purpose. In the Supreme Courts ruling, Justice Douglas stated that the definition of public use expanded to include physical, aesthetic, and monetary benefits. In examination, the decision of the Court to up hold the urban renewal redevelopment plan was most likely influenced by the fact that when the Depression ended it created a large number of slums across America. In of Berman v. Parker there is a section were the Planning Commission of the District of Columbia created and made publicly available the information gathered concerning the blighted area, reporting: Surveys revealed that in Area B, 64.3% of the dwellings were beyond repair, 18.4% needed major repairs, only 17.3% were satisfactory; 57.8% of the dwellings had outside toilets, 60.3% had no baths, 29.3% lacked electricity, 82.2% had no wash basins or laundry tubs, 83.8% lacked central heating. Blight areas and condemned parts of various cities increased due to the depression and by 1954 the results were probably beginning to become more evident than ever. Another influence to the decision of the Berman case was the level of blighted area found within the District of Columbia. Poletown Neighborhood Council v. City of Detroit 304 N.W.2d 455, 410 Mich. 616 (1981) Twenty-seven years after Berman vs. Parker, (1954), the Michigan Supreme Court decided on another major case involving eminent domain in 1981, Poletown Neighborhood Council vs. City of Detroit. It should be taken into account that the Michigan Supreme Court decided this case not the federal Supreme Court. In this case, the city of Detroit had seized thousands of homes, businesses, and churches in an area called Poletown, in order to allow General Motors to build a plant on the site. In a new argument, the city claimed that the public use limitation of the takings clause was met by virtue of the fact that the new plant would create jobs not only taking care of the public use limitation, but also the public welfare question. Those who contested the eminent domain order argued that the plant was not really a matter of public use because the property owners property was simply being taken from them to be given to General Motors. The Michigan Supreme Court ruled in favor of the city, there was an immediate outcry from the public. An article written by Timothy Sandefur entitled This Land Is Your Land, stated: Eminent domain, once limited to public uses like roads or post offices, was unleashed in the service of any well-heeled private party able to persuade the local government to see things its way. In the years since Poletown, eminent-domain abuse has exploded nationwide. As Ramesh Ponnuru has pointed out, powerful corporations frequently send representatives to lobby cities for free real estate. The city takes a neighborhood, usually of modest homes, and gives it to a developer or a megastore, and then rakes in the higher taxes. The only losers are the home- and small-business owners, who lack the political influence necessary to persuade local officials to respect their rights. Poletown has become the leading symbol of eminent-domain abuse. (Sandefur, 2004) Sandefur states that the original intent of the eminent domain section of the Fifth Amendment was to allow governmental power capable of seizing property for the explicit purpose of building courthouses and police stations for the continuing governing of the newly built country. The Poletown case is use largely in the defense of those who believe that eminent domain is being misinterpreted and broadly used. It is one of a number of cases that were the reasoning behind the Courts decision is not as easily taken as previous court cases have been. Poletown Neighborhood Council v. City of Detroit is a highly criticized case because understanding the decision in terms of showing favor towards private individuals can be reasonably reached. Poletown is different from all other eminent domain cases because it is the first case allowing for condemnations of areas in the name of jobs and taxes. Although, the argument that taxes are a form of public use is extremely logical; however, an aspect of the decision required that a projects economic benefit be clear and significant. Political analysts perceive the decision in Poletown Neighborhood Council v. City of Detroit as a decision that blurs the line between public and private uses (Michigan Law, 1981). They fear that many cases like this will be heard for many generations to come and speculate if the future of private property ownership is in jeopardy. Kelo v. City of New London, 545 U.S. 469 (2005) The most political, public, and most recent Supreme Court decision surrounding eminent domain is Kelo v. City of New London, (2005) (Oyez, 2005). Susette Kelo and the Dery family of Fort Trumbull, New London, Connecticut lived on a stretch of land that neighbored the Pfizer pharmaceutical plant as of 1998. The Dery family, down the street from Miss Kelo, has lived in Fort Trumbull since 1895; Matt Dery and his family live next door to his mother and father, whose parents purchased their house when William McKinley was still president. The city determined that the land of Fort Trumbull could be put to more productive use. The city then handed over its power of eminent domain to the New London Development Corporation (NLDC), a private body, to take the entire neighborhood for private development. The claim of economic development was the justification of handing government assumed power to private entities (Oyez, 2005). The case arose after New London began to implement a development plan to revitalize its economy. Adopted in 2000, the plan sought to develop a 90-acre area on the Thames River near Fort Trumbull State Park and Pfizers global research facility, which was supposed to open in 2001. The Court noted that New London was economically distressed and decided to redevelop this area as a way to attract and accommodate new businesses linked to the Pfizer facility. Consequently, it prepared and adopted a plan under a state statute that allowed the city to acquire, improve, and transfer property for new development (Oyez, 2005). That statute specifies how the city must implement these tasks and explicitly authorizes them to acquire property through negotiation or eminent domain. The plan proposed to develop the area for different uses, but did not intend for all of them to be opened to the public. In the defense of the New London Development Corporation (NLDC) they had successfully acquired 110 parcels of land, but had to initiate proceedings to acquire the other 15 by eminent domain. Four of the disputed pieces of land were located on the site of the proposed research and development offices; however, 11 pieces of property were designated for unspecified uses. Fifteen property owners challenged the eminent domain claim, arguing that NLDC violated the Connecticut and United States constitutional bans against taking property for public uses without just compensation. The trial court upheld some of the takings and overturned the others, which led both parties to appeal to the Connecticut Supreme Court (Oyez, 2005). The appellant court upheld all of the takings on the grounds that they were necessary to achieve the city revitalization goals for the economy. The dissenting justices agreed that the plan served a valid public purpose, but found the takings unconstitutional because the city failed to show how they would achieve those goals. Claiming that the City violated the Fifth Amendments takings clause, the owners appealed to the U.S. Supreme Court (Oyez, 2005). The issue raised in the Supreme Court was whether or not the New London Development Corporations plan satisfied the public use requirement or whether it was simply a way to confer a private benefit on a particular party. In Kelo v. City of New London, (2005) the Court upheld the Connecticut Supreme Courts ruling that New Londons plan served a valid public purpose and that the takings thus satisfied the Fifth Amendments public use requirement. The Supreme Court held that the city created a plan that would benefit the public and that showed no preference to any specific individuals. Justice Kennedy joined in the majority opinion and wrote a separate concurrence. Justice OConnor, joined by Chief Justice Rehnquist and Justices Scalia and Thomas, wrote the dissenting opinion. Justice Thomas also wrote a separate dissent (United States Congress, 2005). From Justice Kennedys point of view the courts must examine economic development takings more closely than other takings to determine whether or not the taking is in the best interests of the public or favors the benefit of private individuals. Kennedy believed that the Courts can do this without assuming that the government acted with malice. Kennedy was satisfied that the trial court in this case reached its decision after closely examining the takings and rejecting the contention that the city was acting only to benefit specific private interests (United States Congress, 2005). In Justice Thomas separate dissent from Justices OConnor and Scalia, and Chief Justice Rehnquist, he argued that the Fifth Amendment allows the government to take property only if the government intends to own the property or literally allow the public to use it. He urged the Court to reconsider its holdings based on the takings clauses historical meaning. He stated that the founding fathers viewed public use and public welfare to convey different meanings. He argued that, over time, the courts have moved away from the literal meaning of public use and moved toward the more modern and broad term of public welfare. Like OConnor, Thomas concluded that the Kelo decision of the Court rendered the takings clause meaningless by substituting public purpose for the Constitutions public use language. (United States Congress, 2005) The main dissent was from Justices OConnor and Scalia, and Chief Justice Rehnquist. Writing the primary dissent, Justice OConnor argued that economic development takings violated the takings clauses public use requirement, which, in agreement with Justice Thomas, she interpreted literally. She rejected the majoritys view that the constitution allows for the transfer of private property to private developers as long as the public gains some incidental benefit. Justice OConnor argued that it was for the courts, not the legislation, to decide whether or not the use of eminent domain was constitutional. OConnor read from two preceding cases, Berman v. Parker (1954) and Hawaii Housing Authority v. Midkiff (1984) as the basis of her argument. She made note of the fact that the takings in these cases were not for economic development but for eliminating harm: blight in Berman and land oligopoly in Midkiff. She stated that in upholding the Kelo takings, the Court should not have deferred to the citys decisions; doing so rendered the takings clause meaningless and consequently removed any effective check on the eminent domain power. In oral arguments between the Court and Scott G. Bullock, the lead counsel for the defense of the Kelo plaintiffs, the issue of what standard eminent domain should function under was addressed. Justice OConnor continued her stance that the Courts interpretation of eminent domain followed the constitutionally set guidelines. The transcript of the oral argument concerning the state of emient domains interpretation reads as follows: JUSTICE OCONNOR: Berman spoke, in the opinion, said that the determination of the legislature about these things is virtually conclusive, that there is only the narrowest, narrowest role for the judiciary. What kind of standard are you proposing we should get into here to second guess the public use aspect? SCOTT G BULLOCK: Your Honor, it is clear that eminent domain power is broad, but there has to be limits, and thats what we are really talking about here. JUSTICE OCONNOR: Well, have we ever in any case from this Court said that the limit has been exceeded? SCOTT G BULLOCK: In a few cases from earlier in this century, Your Honor, the Missouri Pacific case, the Thompson versus Consolidated Gas case, but this Court has recognized for over 200 years that there are limits on eminent domain power, that they cannot be used for private takings. And that has been a consistent strain throughout this Courts jurisprudence Scott G. Bullocks oral argument was the need to create distension between the term public use and use of the public. He argued that there is a difference between a takings for public use used to create instrumental means of commerce such as railroads and a takings for public use that improve the general welfare by proxy i.e. private development that may generate jobs and tax revenue. He argues that revenue is the reason the decision to uphold the takings could have detrimental effects. Since poorer neighborhoods do not produce as much revenue as a new development could this could create bad precedence for future eminent domain cases arguing in the name of improved revenue under a takings. The main point of Bullocks argument is the effect a broad interpretation of eminent domain would have on poorer neighborhoods. Religion Eminent Domain In an attempt to create a means to protect citizens from laws that create a burden on a persons right to free exercise of religion the Religious Freedom Restoration Act, also known as RFRA, was introduce to Congress. The purpose of the bill was to examine a presented law under the strict scrutiny test to determine whether or not it violated the First Amendment right to free exercise of religion. The strict scrutiny test is a judicial review standard that examines a federal law under three elements. 1.) Is there is a compelling state interest? 2.) Is the law narrowly tailored? 3.) Is the law the least restrictive means to achieve its interest? The bill was passed but ultimately the Religious Freedom Restoration Act failed because it violated the Congress power to reinforce found within the Fourteenth Amendment. The conflict that developed was between religious practices that violated already established law, such as the Native America religious use of peyote, and the Religious Freedom Restoration Act itself. Although the Religious Freedom Restoration Act was overturned it was replaced with the Religious Land Use and Institutionalized Persons Act. The bill is similar to the Religious Freedom Restoration Act in that it exists to protect individuals from laws that create a burden on a persons right to free exercise. The two acts differ in that the Religious Land Use and Institutionalized Persons Act in aimed specifically towards the use of land concerning religious institutions and organizations and the religious practices of prison inmates. The Religious Land Use and Institutionalized Persons Act is surviving longer than the Religious Freedom Act because it is tailored towards specific religious aspects and not on religion as a whole. In terms of eminent domain the Religious Land Use and Institutionalized Persons Act does not protect religious institutions from a takings. The act only protects religious land in the context of its use and the context of religious practices in prison. Specifically the use of the land under the act only identifies issues regarding zoning and land-marking laws that create a burden on the free exercise of religion. Based on the given argument of the article in Seton Hall Law Review, Limiting the Scope of the Religious Land Use and Institutionalized Persons Act: Why RLUIPA Should Not Be Amended to Regulate Eminent Domain Actions Against Religious Property, it is suggested that guidelines of the RLUIPA do not protect individuals from enacting its eminent domain power. However, there is one court case that does support the idea that the RLUIPA protects religious property from eminent domain despite the argument given in the Seton Hall Law Review; Cottonwood Christian Center v. Cypress Redevelopment Agency. Cottonwood Christian Center wanted to expand their worship building and bought some land to accommodate their growing membership. When the Costco Company expressed interest in building a store in that area the local government began the preliminary proceedings for a eminent domain takings. The court found that the RLUIPA protected the Cottonwood Christian Center from an act of eminent domain on the grounds that the use of land was for the practice of their religious beliefs and therefore protected by the right to free exercise. The case is considered atypical and not a reflection on how the courts as a whole view the relationship between eminent domain and the Religious Land Use and Institutionalized Persons Act. A summarization of the sources suggests that religion is not an exception when it comes to eminent domain. A church, temple, mosque, or any other religious institutions property can be taken by eminent domain as longer as the use of the land is for public use and there is just compensation. The current logic is that although eminent domain has taken the religious institution or organizations property it is not infringing on the citizens rights to free exercise of religion. They can still practice there religion in any manner they choose, but where they practice their religion is not a concern of the government. Literature Review: Opinions on Eminent Domain On interpreting the nature of eminent domain and the role it plays in modern society, there are two basic sides that support the argument for allowing the government the ability to take private property. The first is a more practical approach; this argument debates the economic necessity of eminent domain and supports its use in improving the surrounding area for the sake of economic improvements and community progress. It is under this argument that the idea of eminent domain must be invoked in order to ensure community progress is supported. The second argument supports the idea that eminent domain can be used to develop neighborhoods that are considered condemned and destitute. The Supreme Court has established this concept as urban renewal, which is when the government creates a plan to re-develop an area of town, city, or community which is considered a blighted area. The court case that references urban renewal, the 2005 case Kelo vs. New London, which will be examined subsequently. Garry Boulard of State Legislatures Magazine summarizes the various viewpoints of the economic use of eminent domain. Reporting on views from various expert opinions, Boulard concludes two things. The first being that eminent domain does have a purpose. Experts in agreement with this assessment state that eminent domain is a tool needed by the government in order to progressively change the community. The state in how eminent domain is perceived is Boulards second point. He quotes Gary Kovavic, a Los Angeles attorney who has been practicing eminent domain law for the past twenty-nine years who stated: Most of that time litigation has centered around things like what is the fair market value of the property or what is the fair market value of the improvements to the property, But in recent years, Kovavic says a growing percentage of litigation revolves around challenges to the practice of eminent domain. That was almost unthinkable a generation ago. Boulard concludes that there is a trend to use eminent domain in terms not previously used in the earlier half of the twentieth century. His main point was in the examination of the Kelo vs. New London case and its impacted of state legislation. His observation was that the decision made by the Supreme Court in Kelo vs. New London has forced states to observe their own eminent domain practices. In agreement about the tentative nature of eminent domain, Anne Barton who is the deputy director of the division of planning and development in Lowell, Massachusetts, suggest that guidelines be administered when using eminent domain for the purpose of urban revitalization. She argues that there is a minimum of five considerations that should be taken into account when justifying the use of eminent domain for the purpose of blight removal. The first is the design that respects neighborhood character. This states that the difference between successful eminent domain development plans and unsuccessful eminent domain development plans is the approach of large change instead of small incremental changes with respect to the surrounding area. The second consideration is the idea of a community advisory committee. A committee is a necessary tool needed to assess which neighborhood development plan is the most applicable. The third component is the fairness to property owners and tenants. This component is used to ease the transition of a takings. It shows respect to the owner and tenants of the land by informing them of the development before information is leaked into the public. The forth element is the financial and political commitment to carry out the plan component. This shows that commitment is necessary if a development plan is to be successful. The final consideration is the idea of political accountability. Barton believes that when a government body invokes a power as serious as eminent domain the government needs to demonstrate to their voters that the government is accountable to them. Barton believes these steps are necessary because of the nature of eminent domain and the power it gives to the government. She writes: Eminent-domain authority is one of the strongest powers given to government, and it is governments utmost responsibility to use it with extreme care and caution. When arguing against the use of eminent domain the argument concludes to two questions. The first being does the takings fulfill the public use requirement of eminent domain? and the second asking does the takings fulfill the just compensation requirement of eminent domain? An article in the Columba Law Review, The Uselessness of Public Use, writes against the public use argument of eminent domain. Primarily, the use of public use found within the Kelo vs. New London Supreme Court decision. The writers of the review felt that the use of public use was broadly understood and should find a more narrow interpretation. The basis of their argument was that by interpreting the public use clause of eminent domain violates the state of private property and creates a danger towards it s stability. The writers also allude to the idea that the focus of public use has made the just compensation feature of eminent domain undesirable in situation were jut compensation would be the best possible outcome. The argument against eminent domain under the just compensation clause is an argument not used as frequently as the public use clause. Creating an appeal against a takings under just compensation clause has proven to be a more difficult argument to make because the just compensation argument is essentially quantifiable. The majority of the time the disagreement is not what is just compensation, but how much is just compensation. The St. Johns Law Review article, We Shall Not Be Moved: Urban Communities, Eminent Domain, and the Socioeconomics of Just Compensation the writer identifies the Courts original view that just compensation was the basic value of the property taken. However, currently the general understanding is that the property taken will be assessed at the current market value. It is argued by the Courts that the purpose of just compensation is to put the individual: in the same position monetarily as he would have occupied if his property had not been taken. International Concepts of Eminent Domain The United States is not the only country that has an eminent domain policy. The United Kingdom, New Zealand, and Ireland have named this policy compulsory purchase (Garner, 1975). The compulsory acquisition of land has become a major issue in Ireland. The Public Infrastructure Project has use compulsory purchase for what has been state as, to go ahead for the common good (Garner, 1975). The most widely discussed application of this refers to road improvement schemes and the Dublin Light Rail System project in Ireland. These are excellent examples of the purpose of eminent domain or compulsory purchase. The problem Irelands citizens are facing is the massive use of compulsory purchase; and since the compulsory purchase is being used for the common good there is almost no argument for appeal. South Africa calls the policy expropriation, and the issue faced with expropriation is on a completely different spectrum than in the United States and Ireland. Since the end of South Africas apartheid regime, whites in South Africa still own more than 80% of commercial agricultural land (Garner, 1975). South African President Thabo Mbeki has endorsed the expropriation of white-owned farms as part of his countrys land reform program. President Thabo Mbekis land reform includes the surrender of white-owned land to be released to the government to redistribute land to black citizens (Garner, 1975). Eminent domain powers in China are based on the fact that there are no property rights within Chinas communist system. In an extreme example of issues surrounding property rights in China the term nail house is associated with the topic. A nail house in a piece of property the owner refuses to sell in the name of development. The most famous nail house is the nail house in Chongqing, China. The owner, Yang Wu, refuse to sell the home his family has lived in for the past three generations for the development of a shopping mall. The developers dug a 33 ft. deep pit around his home giving the appearance of a nail protruding out of a piece of wood. Despite the troubles, in the name of private property he refused to remove himself from his home for several months until they settled in 2007. As of March 2007 China passed its first modern property laws and follows similar American criteria for taken private property, mainly that the property must be use for public interests. Current Developments Another area of eminent domain that is developing is its use for the construction of sports arenas. The significant eminent domain issue is the condemnation of private property to be used by a private party, which is the contractor and sponsors of the arena. In 2006, a nearly $4 billion arena project was proposed to the local government in a neighborhood in Brooklyn, New York. The project wanted to use eminent domain to acquire land in an area that was not blighted or condemned. The case has not been decided, but the situation posed an interesting question: If an area in not blighted and there is existing tax revenue how can the government justify an eminent domain takings for the sake of the construction of an arena. The issue of using eminent domain to develop a sport arena is the complex nature of how a sport arena constitutes as public use other than the ability to be used by the public for a price. By allowing huge commercial companies who associated with sports arenas to have the ability to invoke the eminent domain power through government creates the fear that private residential areas are in jeopardy. The current development of eminent domain has changed in the latter half of the century. The Courts continue to have a broad interpretation of eminent domain. One of the reasons for the broad interpretations, as Justice OConner explained in the Kelo oral arguments, is besides the public use and just compensation guidelines of the Fifth Amendment what other guidelines should be tested in order to make an act of eminent domain justifiable. The current arguments are the same as the arguments given in the past. They ask whether or not there should be a more literal translation of the takings clause of eminent domain. The discussions also include the argument that under all the debates about eminent domain abuses the true purpose of eminent domain is being lost in the battle. There are a growing number of literary resources that demonstrate the economic necessity of eminent domain. A limit of governmental power is the goal for property rights advocates. The difficult task ahead establish whether or not it is possible Attorneys for state and local governments are concerned that a conservative judgment will hinder the capacity of the public to revitalize their economies. Several sources examined within this paper have asked for a rational basis test that would be considerately respectful to a legislative program, plan, or law that endorses a reasonable local interest. The rational basis test being a judicial review that is lower than the strict scrutiny test, but is still capable of examining the if a legislative act should be rationally pursued. President Bush addressed the concerns surrounding eminent domain and the power it gives to the legislative. The president issued an executive order stating that the Federal Government must limit its use of taking private property for public use with just compensation (United States Congress, 2005). Bush argues that although the constitution stated for the purpose of benefiting the general public, he has ordered that eminent domain actions begin acting under more moderate conditions. President Bush limited the use of eminent domain stating that the use may not fall under the overly abused policy, for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken. (United States. Congress, 2005) Implications The policy eminent domain is displaying a trend of an interpretation with very few guidelines. Although the public use and the just compensation clauses are vital in determining the criteria of an eminent domain takings. There is still the question of perhaps these guidelines are not enough. As all systems have a history of abuses and exploitation it is only natural that many ask the court to create criteria that falls under more scrutiny then the current standards of assessment. The problem with the justification of eminent domain is not just the use of the governmental power but which individuals are continuing to have their property taken from for the purpose of public use. Eminent domain has yet to be invoked on property of the upper class, the city officials, or even skyscrapers. It is always the working class or below. It is understandable if the argument for eminent domain is used for the purpose of urban renewal or blight removal. It is another situation when the majority of property that falls under eminent domain comes from the working class or lower class solely for the purpose of redevelopment or revitalization. In Justice OConners dissent she commented on the implications derived from the Kelo decision. She wrote: Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result. When arguing eminent domain it is only responsible to offer an alternative to eminent domain if the argument condemns the act. An alternative option to eminent domain utilization of land already owned by the government; by doing this the government does not put any undo burden on private property owners. This alternative is limited in the instances where the government does not own any nearby land or the governmentally owned property is situation in an undesirable location. There is also the possibility that the use of land owned by the government inefficient or extremely expensive. An alternative to assist in the use of eminent domain would be to find property owners who would be willing to sell and assess whether the land is equivalent to the original choice. It would also add that some extent and a level of efficiency by negotiating with willing sellers instead of fighting unwilling property owners. By finding willing property owners the gains would outweigh the costs of the takings process of including litigation, enforcement, and opportunity costs, etc. Senator Brownback of Kansas summed up the implications of the possible conclusion of eminent domain during the Senate Judiciary Committee hearings on the nomination of Judge John G. Roberts to the Supreme Court. Senator Brownback asked this to future Justice Roberts concerning the interpretation of eminent domain: Isnt it now the case that its much easier for one mans home to become another mans castle? Conclusion At the beginning of the paper several questions where asked. The first question asked, Has the concept of public use been misinterpreted to enhance the benefits of private individuals, or is it that the understanding of public use and public welfare too vague? To summarize the view of the courts, the term public use was concluded as to be interpreted to that which improves the public welfare. The improvements on public welfare include developments that would enhance the economic situation of public and improve the tax revenue of the community. Public welfare was also concluded to include the improvement of areas identified as blight. Such broad concepts of what would benefit a society could easily fall into misuse. It would be wise of both the Courts and the legislation to remember that the act of eminent domain is not merely acquiring someones property, but someones home. It is not the intention of the owners of property that have fallen under an eminent domain order to stop or halt local progress, but merely defend themselves from a perceived threat. If it is viewed that eminent domain has been abused this does not mean that a solution to eminent domain takings be solved by eliminating eminent domain for economic development across the board. Eminent domain is a vitally important tool. Many communities face the problem of absentee owners who hold decaying properties that stand in the way of redevelopment plans and other urban renewal plans. Again, the problem faced is whether or not such specific redeveloping plans like urban renewals fall under the purview of the takings clause of the Fifth Amendment. From one side of the spectrum if urban renewals were found to assist economic development and fell under public use (as currently upheld by the Supreme Court) then such takings to beautify certain parts of the community for the sake of aesthetics is legally and constitutionally supported. The cases spoken about previously gave the illusion that eminent domain is being badly abused; nevertheless, it is not the purpose of this thesis to make that statement. The cases were used to show the development of the Constitutional concept of eminent domain not to report on the state of it. The cases used were found within the primary source documents on the subject of eminent domain and can not be escaped. There is a divide among informed individuals on the subject as to whether or not the eminent domain policy of the Fifth Amendment of the United States Constitution should be understood broadly or literally. If eminent domain is understood in a broader sense then there is no abuse being done to the eminent domain policy. However, if one interprets the Fifth Amendment policy to indicate a more literal meaning then there is disagreement with the decisions made in the past by the Supreme Court and its justices. The necessity of eminent domain is not in question; it is criticized, but not questioned. What is being criticized is when given the power to acquire private property should procedures be taken to limit the level and frequency in which it is used? The previous court cases demonstrated how the Supreme Court widened the interpretation of the Fifth Amendment. Illustrating instances where the power of eminent domain went from the authority to build government buildings to seizing and redistributing property to alleviating blight. Then that power was extended again to seizing and redistributing property to improve the economy and the governments tax base as was one of the purposes of the Poletown eminent domain order. In Berman v. Parker, (1954) the term urban renewal entered into the debate of eminent domain. Arguing that a development plan of urban renewal was justified by the public use and public welfare phrases in the Taking Clause. In the Poletown Neighborhood Council v. City of Detroit, (1981) the Supreme Court upheld the eminent domain order under the argument that the chance to add additional jobs to the community outweighed the homes lost in the redirection. Kelo v. City of New London, (2005) proved to the Supreme Court private property rights can be defeated by a more general interpretation of the term public use Whatever the eventual verdict is on how to interpret eminent domain it would be wise to see what the founding fathers had to say on private property for both the government and the governed. The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. -John Adams, Defense of the Constitutions, 1787

Decision-Making Models Essay - 982 Words

Decision-Making Models Negotiations and decisions are a part of everyday business. In order to make a successful decision, it is necessary to understand how to make rational and sound decisions. Decisions that are rash, made on snap judgments, and past experiences can prove detrimental to a business. A deficit in basic thinking and decision making is felt at all levels of an organization (Gary, 1997). Decisions can have long term and short term impacts on organizations and their world in which they exist (Turner Dean, 2008). In order to understand the process of making a sound and good decision, it is necessary to define and understand several decision-making models. These models help to make clear the issues to be addressed and the†¦show more content†¦For example, an organization attempting to win a large bid, important factors to consider are a preferred supplier, trust with the customer, the offer itself, and the price (Arsham, 2009). When Japan and America were negotiating the export/impo rt of automobiles, each country had to concede and objective. Japan did not want to allow American-built cars in their country and the United States had to continue importing Japanese-built automobiles. In the end, Japan and the United States agreed on an import/export solution. In order for an organization to use a decision-model or begin negotiations, one must also learn how to rate and satisfy the solutions that have evolved. In addition, the third model is satisfying solutions. In this model, there are six steps to define and rate criteria and alternatives (Gary, 1997). These steps need to be followed when one is making a decision based on criteria. The first step is to define the problem by â€Å"diagnosing the problem in terms of its symptoms† (Gary, 1997). Secondly, the criteria must be identified. After the criterion has been identified, it must be assigned a numerical value based on its importance. Thence, alternatives should be generated, alternatives rated upon each criterion, and the values summed and weighed (Gary, 1997). This model is best used when an organization must make major decisions. For example, when anShow MoreRelatedDecision Making Models Of A Model Essay1551 Words   |  7 PagesDecision making models come in countless arrangements and complexities. In gathering examples of existing models, I understood the significance of personalizing a model to my own preferences an d use. A tailored decision model creates an opportunity to provide a distinct structure that promises greater success in using it on a daily basis for myriad types of decisions, both small and large. The model I configured comprises six stages in the process. I chose to begin my model with the task of recognizingRead More Decision-Making Models Essay798 Words   |  4 PagesDecision-Making Models   Ã‚  Ã‚  Ã‚  Ã‚  There are several decision-making models to choose from in any given situation. 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Favorite place Free Essays

Favorite place BY hi1193 New Jersey is one of fifty states in The United States. It is on the northeastern coast bordering the Atlantic Ocean, New York, Pennsylvania and Delaware. It is one of the smallest states in the country, but is ranked number one in highest population density. We will write a custom essay sample on Favorite place or any similar topic only for you Order Now I was born there and lived there my whole life, but it wasn’t until I relocated that I realized the true beauty of the state. New Jersey (N. J. ) has all the different seasons; spring, summer, autumn, and winter. It has all of the characteristics that come with the seasons. If you have ever eard anything about New Jersey, you have probably heard about our humid summers and freezing winters. In the summer, the humidity rises so high that you can almost cut through the air like you would a steak. In the winter, the temperature gets so cold, Just being outside for five minutes makes you feel like you are in the beginning stages of hypothermia. The summer is my favorite time of year because you get to go to the many beaches in the Jersey shore, located on the coastal southern part of the state. The beaches are beautiful, but the water is muddy and lack, almost like what sewer water looks like. My mother loves the spring season because it is when she gets to start on her garden and yard work for the year. She starts planting all of our favorite vegetables and flowers. The state is known as â€Å"The Garden State† for a reason; for it holds some of the most beautiful plant life and gardens you could have ever imagined seeing. Many foreigners complain about the smell of New Jersey on the turnpike in the summer because we get the draft of the garbage being disposed of in New York City, and that smell, mixed with our thick umidity is not a pretty picture. I must admit, to us natives, it is what reminds us that we are home. New Jersey is home to a few of historys most prestigious places, like Ellis Island and the Statue of Liberty, which we share with New York. One of my favorite places to spend free time is Liberty State Park, which is a beautiful park in the heart of Jersey City, a northern city that borders New York City. Liberty State Park borders the Hudson River and looking out across it at night you can see the factory smoke-filled ky, but in the daytime you can see the beautiful, sea green, Statue of Liberty. Depending on what time of day you visit the park, you can see the workers cleaning off the erosion on her. New Jersey is also home to Seton and Rutgers University- two of the finest in the country. The State of New Jersey is a melting pot. It is filled with as many races and religions as you can imagine. It is 79% white, 15% black, and 6% other. 37% of New Jerseys population is of Catholic religion, the rest are non-denominational. Now that I ave left the â€Å"melting pot†, I have realized a few things. One of the things I have realized is that having grown up there; I personally feel that I am a more open- minded individual due to the fact that I was raised around so many different people and cultures. When I was fifteen years old, I taught myself fluent Spanish, Just by being around a predominantly Hispanic population. I teel as it people trom other states, such as Arizona, have almost lost out on being able to have the opportunity to be around many different cultures and types of people. One of the most fascinating things that I have observed about New Jersey is its means of transportation. The main source is your personal automobile, but public transportation doesn’t fall too far behind. I love getting on the train and going anywhere. I love to look out the window and see the scenery change as we travel further along. It goes from green shrubbery to black and white cities to the brightest of lights and blackest of night once you enter Manhattan. The train runs very fast, but I always feel like it is not getting to my destination fast enough. Although New Jersey doesn’t have many breath taking places to visit, like a lot of other states, it is still home to me and I love it. It was my home for my whole life up until six months ago when I moved to Arizona, and I will forever be grateful for that and cherish and all that New Jersey has to offer. It is a beautiful state with a wonderful variety of people and will continue to be for years to come. It is the state that made me who I am and I feel very proud for that. You know what they always say about people from New Jersey; â€Å"theyre a different breed†. How to cite Favorite place, Papers Favorite Place Free Essays Everyone has a special place, a place where you have memories, where you can find peace and harmony. A place where you know you are just happy being there. For some it’s a quiet place, for others it’s a noisy place. We will write a custom essay sample on Favorite Place or any similar topic only for you Order Now But all of these places have one thing in common; they are places where you think first when asked. My favorite place is a city from where I live in Vietnam, a city called Hanoi. Hanoi, which is the capital of Vietnam, has a long history of culture and development. Situated in the north-east of Vietnam, Hanoi is the most beautiful city in the country and So why do I like my city? First reason is my family and relatives. I was born and grew up in Hanoi for my whole life. Since I was a baby, I had a lot of memories with this city. I was born in the area of middle-class people in the city, so my childhood I can say it was good. My parents always took care of me, teach me a lot of useful things but also they are strict. I remember when I was 5, I had lost in the park because I followed my friends and I don’t know how to get home. I cried a lot. Until 9p. m, my father found me sitting at the chair in the park. He took me home and yelling at me. At that time, I wonder why he didn’t asked me if I get hurt or injured instead of be angry. But when I grew up, I understand that he did it just because he want me to be careful and don’t get lost again. That once of many memories about the time I lived there with my parents. I’m in the US for almost a year, but the first thing I see in my head when I’m hungry is the food in Hanoi. Food and meal in Hanoi is in people soul and it’s the part of culture. I think there is a food which become popular in most part of the world. It’s Pho – a Vietnamese noodle. Pho in Hanoi is the best in the country, nowhere else have a taste like it’s there. In Hanoi there is a lot of food store or restaurant you can go to. Besides of Vietnamese foods, there are many different kind of food from many countries like Fastfood of the US, Japanese, Korean, Chinese, European,†¦.. If you go to Hanoi, let eating be your first priority. My city I came from is also the beautiful place. Hanoi is thousand years old and it also a symbol of culture and history of my country. In the past, it went through war and had been destroyed by bomb and fire; nowadays, it’s developing quickly but still have many old, beautiful places to visit. I’m very proud of my city. In the future, if I have chance, I will come back there, because my family there, but also it’s my love and it’s the place in my soul which I always remember. How to cite Favorite Place, Essay examples

Providing Praise And Feedback For Encouraging A Growth Mindset Essay Example For Students

Providing Praise And Feedback For Encouraging A Growth Mindset Essay Providing Praise and Feedback While Encouraging a Growth Mindset Abstract: Too often are kids being praised incorrectly or stuck in a fixed mindset about intelligence, they are stuck in the now. Throughout this article you will learn the importance of providing effective praise and feedback as well, some examples on how you can implement a growth mindset or yet in your classroom. Keywords: praise, learning, feedback, growth, mindsetIntroduction Teachers have unconsciously set students up to fail by using praise incorrectly. When you praise a student’s intelligence instead of their effort, the student may associate the teacher liking them because they are smart. In fear that they will disappoint the teacher, students who are praised for their intelligence are more likely to doubt their abilities and often stay within their comfort zone with what they know they can do. These students usually possess a fixed mindset, meaning they believe they are only good at a few things and â€Å"can’t† do others. We need to teach kids that they all have the opportunity to succeed, they just aren’t there â€Å"yet.† By saying â€Å"yet† you are implementing a positive belief that the student can accomplish the task with a lot of hard work, therefore making them focus on the effort and progress rather than the end result. Using this practiceThe power of â€Å"yet† is incredible. The perspective of yet or not yet is one not many individuals have lost sight of. Dweck’s talks about her concept in a TED Talk called â€Å"The Power of Believing that You can Improve† is based on the idea that we, as people, are all on a learning journey, and that just because a person has not accomplished a task â€Å"yet,† does not mean that the person cannot or should not try,. .or make mistakes, the teacher should see this as a chance to teach students new perspectives on how to go about solving these problems-just like a detective solving a mystery. Dweck suggests, if a student has attempted a math problem for example but is now stuck, the teacher can say, â€Å"OK, let’s solve this mystery!† and ask the student to show the strategies he or she has tried so far. As the student explains a strategy, the teacher can say, â€Å"That’s an interesting strategy. Let’s think about why it didn’t work and whether it gives us some clues for a new path. What should we try next?† When, perhaps with the teacher’s guidance, the student finds a fruitful strategy, the teacher can say â€Å"Great! You tried different ways, you followed the clues, and you found a strategy that worked. You’re just like Sherlock Holmes, the great detective. Are you ready to try another one?†

Beethoven free essay sample

Research Paper While many men and women throughout history have made significant, valuable and lasting contributions to society, Ludwig Van Beethoven is an especially remarkable figure worthy of special note because he embraced and devoted his whole life to music. Born to a drunkard father and an unhappy mother, the young Beethoven was exposed to a brutal training in music at the hands of his father, who hoped that the young boy would prove to be another prodigy like Mozart.Ludwig Van Beethovens music set the 18th century Traditions and were shaped and molded because of the great composers Mozart and Haydn, who taught and raised him up in his musical capabilities (Ludwig Beethoven). Beethovens success was measured by his devotion, Beethoven dropped out of grade school by the age of ten to study music full time with Christian Gotten Neff. March 26, 1778 Beethoven performed his first piano recital at the age of seven: at the twelve years of age Beethoven published his iris composition made up of Piano Variations (Ludwig Beethoven). We will write a custom essay sample on Beethoven or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Throughout the years Beethoven began to experiment with different styles and genres of music, the styles changes can be heard in his symphonies, String quartets, and Piano Sonatas. At a young age Beethoven requested to be an assistant court organist, because of his young age Court officials were hesitant but accepted him (Ludwig Van Beethoven). Through his young years of his life, it Is clearly evident to how devoted and passionate he was when it came to music. Through the musical years and impositions of Ludwig Van Beethoven, Beethoven gave opening to his own dramatic musical voice.Through Beethovens adulthood he faced many trials and tribulations. But Beethoven always used his problems as a stepping stool to become stronger and better at whatever he did, and at the same time he was composing his great and memorable works, Beethoven was struggling with the fact that he was going deaf (Ludwig Van Beethoven). In 1801 Beethoven confessed this horrible news to Franz Wiggler, a German physician from Bonn, German; the same place Beethoven as born. He wrote, l must confess that I lead a miserable life for almost two years.I have ceased to attend any social functions, just because I find it impossible to say to people: I am deaf. If I had any other profession, I might be able to cope with my infirmity; but In my profession It Is a terrible handicap (Ludwig Van Beethoven). Miraculously, despite his Increasing deafness, Beethoven continued to compose. From 1803-1812, these years are what is known as his heroic period (Ludwig Van Beethoven). He created so much music, proving people nothing could stop him.He composed an opera, 6 symphonies, 4 solo concerti, 5 string quartets, 6 string sonatas, 7 piano sonatas, 5 sets of piano variations, 4 overtures, 4 trios, 7 sextets, and 72 songs (Beethoven, Ludwig Van). Despite his amazing output of beautiful music, Beethoven or had children (Beethoven, Ludwig Van) and somehow, despite his wild personal life, physical disability, and complete deafness, Beethoven composed his greatest music. String quartet NO. 14 contains 7 linked movements without a break (Ludwig thieve). Beethovens adulthood was a crazy reallocates but in everything he did, he was always dedicated and did everything whole-heartedly. A quote by List, the Arch Romantic, perfectly sums the impact and importance of Ludwig Van Beethoven to not only the music community but also to the history of music itself. To us musicians the work of Beethoven parallels the pillars of smoke and fire which led the Israelites throughout the desert, a pillar of smoke to lead us by day, and a pillar of fire to light the night. Beethoven free essay sample Ludwig van Beethoven was born in Bonn, Germany and was baptized December 17th 1770. Beethoven was a German composer and pianist. He was an important figure in the transition between the Classical and Romantic eras in Western art music. His Third Symphony Rejoice was so different from all the music before it that It changed music forever. When Beethoven was young he was forced to play the piano by his father who was a very strict and hard music teacher. By the time he was twelve he as earning a living for his family by playing the organ and composing.Beethoven moved to Vienna 1787 to study with Mozart but had to return to his hometown because of his mothers death. In 1792 he went back to Vienna and began studying lath Franz Joseph Haydn, quickly gaining a reputation as a virtuoso pianist. He was eventually known as the greatest plants of his time playing only for the rich and the famous. We will write a custom essay sample on Beethoven or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In 1800 Beethoven gradually began to lose his hearing but continued to impose but by the last decade of his life he was almost totally deaf.He gave up conducting and performing In public but continued to compose. He composed many of the most famous and admired musical works of all time in this period, such as the Ninth Symphony. Beethoven remains one of the most famous and influential composers of all time. His best-known compositions include Symphonies. Beethoven free essay sample As someone who suffers from extreme hearing loss, I am amazed at the great Talent of Ludwig vans Beethoven, who as one of the greatest composers of all time wrote most of his music while he was deaf! It seems Impossible, but what a genius he was. Ludwig van Beethoven was born in Bonn, Germany on December 16, 1770. HIS mother died while he was a teenager and his father was very abusive and a crazy alcoholic. Beethoven came from a very musical family. HIS grandfather became a conductor and his father played and taught piano and violin.From a very young age, Beethoven was a perfectionist and became emotional and moody when things didnt go well with his music. Beethoven saw his world as all or nothing, If something he was working on wasnt absolutely perfect, he would feel he was a total failure. In Beethovens life, there wasnt room for any compromise. We will write a custom essay sample on Beethoven or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He began to realize that he was losing his hearing when he was 28 and he couldnt hear the church bells ringing. Some people have said that his terrible temper was really his frustration with his music as he became more and more deaf.Beethoven became so sad about his deafness that he considered suicide. He even wrote a seclude letter to his brother to tell him that he planned to kill himself. When he was 50, he was completely deaf. As time went on, Beethoven learned how to cope with his disability. One way Beethoven coped was In order to hear the sounds; he would cut off the legs of the Plano and put it on the floor, so that he could feel the sounds in the floor as he played. Once he learned how to handle this, Beethoven began to write his greatest works.Beethoven as such a perfectionist that he would rework his musical compositions for years until they were perfect. It is incredible that during his life, Beethoven wrote nine symphonies and thirty-two piano sonatas. Because of these problems, Beethoven never had many close friends or happy relationships. The music he created showed this and was almost sad and heavy, It wasnt full of life and fun. Beethoven loved to take walks In the country and enjoy the beauty of nature. It was nature that gave him the Inspiration to write Symphony No. 6.One of Beethovens earliest and most successful works was a religious composition, named Opus 85, in 1803, known as the Hallelujah choir that we all sing on Easter Sunday. In 1823, at the end of his life, Beethoven composed his last symphony, which was Symphony No. 9 in D minor. It was based on a poem the Beethoven loved. The name of the poem was Ode Toys. This was important because Beethoven was completely deaf when he wrote the symphony. He even wanted to be the orchestras conductor, even though he couldnt hear the instruments or the voices!At the end of the symphony, Beethoven didnt even know he was getting applause from the audience until one of the orchestra members went and turned him around to face the audience and see the standing ovation. During the nineteenth century Beethoven was considered one of the most outstanding composers of that time. Since then, composers would admit that Beethoven had an impact on their music. Thousand people were on the street in Vienna for his funeral. Beethoven free essay sample Tersely Hayward Beethoven In this paper I will be talking about the late and great Ludwig Van Beethoven. I will discuss his early life as a music composer and his upcoming. The steps, mentors, and teachings he learned in order to become who he is known to be till this day. Also I will discuss my emotional response to Beethovens fifth symphony and what musical techniques were used in this piece. Ludwig Van Beethoven was born and baptized December 17, 1770 in Bonn Germany. He was the grandson to Allowedly Van Beethoven who was a bass singer at the Elector of Cologne.Beethovens first teacher was his own father Johann van Beethoven who made Beethoven play his first performance at age 6. His father noticed that Beethoven had a gift when he was young and taught him the piano and violin. Beethoven was a hard worker which made him self-involved and Impatient, being that way made him a loner. We will write a custom essay sample on Beethoven or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Beethovens father wasnt the only one who saw Beethovens talent. Christian Gotten Neff who was a German organist become Beethovens mentor. Gotten Neff thought Beethoven was the next Mozart so he sent Beethoven to Vienna to meet him.After being in Vienna for two weeks Beethoven learned his mother was sick so he had to go back home. When he returned home his mother passed away which made his father become an alcoholic. By the time he came back to Vienna Mozart had died so Beethoven sought help from Joseph Haydn. He became Beethovens second mentor and taught him new styles of music. While he was in Vienna In 1792 he learned that his father died. Beethoven at first did not see himself as a composer but rather devoted himself to music study and performance working under Heydays direction.He then wanted to master counter point after that he studied violin under Again Chippings. Antonio Saltier gave Beethoven instructions on Italian vocal composition style. By 1793 Beethoven created a reputation for himself as a improviser in the salons and nobility. He would play preludes and fugues of J. S. Bach Well Tempered Clavier. Beethoven composed his first six stringed quartets between 1798 and 1800. He premiered his first and second symphonies In 1800 and 1803. Beethoven became one of the most Important young composer of his generation right behind Haydn andMozart. In 1796 when Beethoven was 26 he started losing his hearing from a severe form of tinnitus. There was a ringing In his ear that made in difficult for him to hear music properly. He moved to a town outside of Vienna to come to terms with his condition. While there he wrote letters to his brother in those letters he talked about his OFF continuing of living for and through his art of music. Beethoven return to Vienna from Hellishnesss and had a change in musical style which was designated as the start of his middle or heroic period.His first major work using this new style was the Third Symphony in E flat known as Rejoice. This work was longer and larger in scope than any of his previous symphonies. It was premiered in the beginning of 1805 which received a mixed reception. Some listeners didnt like its length or they misunderstood its structure but others viewed it as a masterpiece. Beethovens Symphony No. 5 in C minor was written 1804 to 1808. He first premiered the fifth symphony December 23, 1808 at the mammoth concert at the Theater an deer Wine in Vienna.The concert lasted for more than four hours. He played two symphonies in reverse order the Sixth was played first and the Fifth appeared in the second half. Beethoven dedicated the fifth symphony to his patrons Prince Franz Joseph von Lobotomize and Count Razorbacks. A few years later he became completely deaf even though he was deaf he could still write music. In 1812 he had completed over twelve of his best works and he was known worldwide. After this Beethoven did not release any music for awhile. But in 1817 he began composing again and he did through 1824.In 1824 Beethoven composed two of his most memorable pieces the Ninth Symphony and Ode to Joy. These were two of Beethovens best compositions. The first time Beethoven conducted the Ninth Symphony to the crowd and at the end of it there was a tremendous applause. Beethoven had his back still turned to the podium until one of his soloists turned him around. In 1826 he produce five of his last works but these works did not become that famous because they were too ahead of their time. In 1927 Beethoven got sick with pneumonia and began coughing up blood.After pneumonia Beethoven was struck with many other illnesses which eventually led to his death on March 26, 1827. Beethovens fifth symphony is a great major piece of music with its melodies, harmonies, and dynamic texture. In the beginning of the fifth symphony he starts or with a dynamic texture which make me feel heroic inside. The way he repeats the theme in the beginning of the piece into other parts of the symphony is excellent. After the beginning theme of the piece he changes the mood from a angry feeling to a nice and calm type of feeling. The way Beethoven composed this piece was significant and was probably ahead of its time when it first was played to people. Some techniques Beethoven used/had in this piece was rhythm, melody, harmony, dynamic, color, texture, and color. With those techniques he composed a great symphony which is still used today in movies, TV shows, concerts, and plays. Beethoven used different types of instrument movement of his symphony the piece was played in a calm soothing mood in which the instruments were playing softer notes. Beethoven continued this playing mood through out the 2nd 3rd and 4th movement of the symphony.At the end of the fifth symphony it had a dynamic heroic feeling with the woodwinds playing the final notes. In conclusion Beethoven was a great inspiring music composer to many and was considered a young Mozart. I think Beethoven was a very important person in his and our history he helped change the face of music forever. Beethoven wrote many symphonies, string quartets, and operas that can still be heard and seen today. I believe he inspired many people to become musicians and musical writers. That is why I chose to do my report on Ludwig Van Beethoven.

Russias Economic Crisis essays

Russias Economic Crisis essays In November of 1997 markets fall worldwide, marking the beginning of the worldwide economic recession. On March 23, 1998 Yeltsin sacked his Prime Minister Viktor Chernomyrdin and replaced him with not so well known Kiriyenko, the energy minister to Viktor Chernomyrdin. May 12, 1998 coal workers strike over unpaid wages. They block the Trans-Siberian railway. This turns foreign investors off. Stock prices fall in the same month after the passing of a law calling for the removal of all foreign investment in Russia's largest energy company. The IMF pulls back aid, claiming that the government wasn't doing enough to collect taxes. On June 15, Russia asked for more aid from the IMF to stave off financial collapse. After Yeltsin and the Duma fail to compromise on an anti-crisis tax package, property tax was raised. On August 14, Yeltsin reclaims that the ruble will not be devaluated. Three days later Yeltsin devaluated the currency to nine and a half ruble per dollar. August 21, The Duma holds a special session, calling Yeltsin to resign. All world markets down on the news, investors fear of instability. August 23, Yeltsin sacks the Kiriyenko, recalls Chernomyrdin, world markets fall again on the news. Two days later, the ruble fell forty percent, its worst in four years. Yeltsin suspends ruble trading, the rubles officially at 7.9 per U.S. dollar, yet U.S. Dollars on the streets of Moscow go for up to 12 rubles. Later, that week Chernomyrdin was rejected as the premier of Russia. Veteran Foreign Minister Yevgeny Primakov is appointed Russia's Prime Minister. Yeltsin's choice of the former spymaster and Middle East hand was seen as the best hope of uniting hard-line Communists and Reformers behind an emergency program to deal with an acute financial crisis. These are the causes over one year which led to the collaps...

Consulting Project Plan Part Two Assignment Example | Topics and Well Written Essays - 500 words

Consulting Project Plan Part Two - Assignment Example In such a meeting, it is possible to determine what the employees strongly believe is not done the right way. Through that, it will be easy to propose a remedy that best solves the issue. On the other hand, status reports are reports that are prepared by the employees showing the status of the jobs. The reports enable close communication and exchange of information about the progress of the job. It will help in rating the contemporary status of Walmatt against the set goals and plans (Mazzei, 2010). For communication to be effective, the frequency must be considered. Discussion should take place more often for easy monitoring of progress and job status. The supervisor should be able to meet their subordinates on the daily basis maybe after close of business. Supervisors should be able to identify the challenges the members had during the day and what should be done. Additionally, there are tools that are necessary in helping meet the commitments that have been put in place. The tools help in ensuring that agreements and duties designated have been achieved. The tools include the following: Holding meetings with the supervisors and employees maybe once a week to identify whether there are challenges in the implementation process. The employees should suggest the suitable solutions and alternatives because it is easier to do what you are part of. I will also make use of a wellness newsletter and calendar which will designate what each employee is required to do, the period and th e reporting structure (Mazzei, 2010). It is recommendable to hold communication after the results and outcome have been evaluated. It involves holding a meeting to outline and give the major problems identified and the proposals suitable to eliminate them. The stakeholders that will attend the meeting will be the management, the supervisors, and the employees at large. I consider having all of them in the meeting because they also have to give