Billie Holiday Biography

Billie Holiday (conceived Eleanora Harris (1915â€1959) was an African American jazz artist and lyricist. Her singing style, unequivocally enlivened by jazz artists, lead to another method of utilizing word decision and beat. A pundit named John Bush once composed that Holiday â€Å"changed the specialty of American pop vocals until the end of time. † She just co-composed a couple of tunes, however various them have become jazz principles that numerous artists endeavor to live up to.Some of these norms were set by melodies of hers, for example, â€Å"God Bless the Child†, â€Å"Don't Explain†, â€Å"Fine and Mellow†, and â€Å"Lady Sings the Blues†. She likewise got renowned for singing â€Å"Easy Living†, â€Å"Good Morning Heartache†, and â€Å"Strange Fruit†, a dissent songâ which got one of her measures and was put on the map with her 1939 account. In Harlem she began singing in different night clubs. Occasion took her ex pert nom de plume from Billie Dove, an entertainer she appreciated, and the artist Clarence Holiday, hence was conceived â€Å"Billie Holiday†.The producer John Hammond masterminded Holiday to make her account debut, at age 18, in November 1933 with Benny Goodman, singing two melodies: â€Å"Your Mother's Son-In-Law† and â€Å"Riffin' the Scotch. † The last being her first success. â€Å"Son-in-Law† sold 300 records,â but â€Å"Riffin' the Scotch,† sold 5,000 records. Hammond was extremely dazzled by Holiday's vocalization style. He said of Holiday that, â€Å"Her singing nearly changed my music tastes and my melodic life; since she was the principal young lady artist I'd go over who really sang like an ad libbing jazz virtuoso. Hammond contrasted Holiday emphatically with Armstrong and said she had a decent feeling of verses at her young age. In mid 1959 Holiday discovered that she hadâ cirrhosis of the liver. The specialist advised her to quit drinking, which she accomplished for a brief timeframe, however before long came back to overwhelming drinking. A portion of her companions attempted to get her to look into a medical clinic, yet she didn't go. On May 31, 1959, Holiday was coercively taken to Metropolitan Hospital in New York languishing fromâ liverâ andâ heart disease.She was captured over having drugs with her as she lay biting the dust, and her emergency clinic room was attacked by the police. Cops were positioned at the entryway to her room in light of her medications. Occasion stayed under police watch at the emergency clinic until she kicked the bucket fromâ pulmonary edemaâ andâ heart disappointment brought about by cirrhosis of the liver on July 17, 1959. In the last long stretches of her life, she had been progressively deceived out of her income on account of her medication and liquor addictions. She kicked the bucket with seventy pennies in the bank and 700 fifty dollar newspaper charge.

The Long Telegram of George Kennan

The Long Telegram of George Kennan The Long Telegram was sent by George Kennan from the United States Embassy in Moscow to Washington, where it was gotten on February 22nd, 1946. The message was provoked by US requests about Soviet conduct, particularly with respect to their refusal to join the recently made World Bank and International Monetary Fund. In his content, Kennan laid out Soviet conviction and practice and proposed the approach of regulation, making the message a key report throughout the entire existence of the Cold War. The name long gets from the messages 8000-word length. US and Soviet Division The US and USSR had as of late battled as partners, across Europe in the fight to overcome Nazi Germany, and in Asia to vanquish Japan. US supplies, including trucks, had helped the Soviets endure the hardship of Nazi assaults and afterward push them directly back to Berlin. In any case, this was a marriage from simply one circumstance, and when the war was finished, the two new superpowers respected each other carefully. The US was a just country helping set Western Europe back into financial shape. The USSR was a deadly autocracy under Stalin, and they involved a wrap of Eastern Europe and wished to transform it into a progression of support, vassal states. The US and the USSR appeared to be a lot of restricted. The US in this manner needed to recognize what Stalin and his system were doing, which was the reason they asked Kennan what he knew. The USSR would join the UN, and would make pessimistic suggestions about joining NATO, yet as the Iron Curtain fell on Eastern Europe, the US understood they presently imparted the world to an enormous, incredible and hostile to vote based adversary. Control Kennans Long Telegram didnt simply answer with understanding into the Soviets. It instituted the hypothesis of regulation, a method of managing the Soviets. For Kennan, in the event that one country got socialist, it would apply pressure on its neighbors and they also may get socialist. Hadnt Russia presently spread toward the east of Europe? Werent socialists working in China? Werent France Italy still crude after their wartime encounters and looking towards socialism? It was expected that, if Soviet expansionism was left unchecked, it would spread over incredible regions of the globe. The appropriate response was regulation. The US should move to help nations in danger from socialism by propping them up with the monetary, political, military, and social guide they expected to avoid the Soviet circle. After the message was shared around government, Kennan made it open. President Truman received the regulation strategy in his Truman Doctrine and sent the US to counter Soviet activities. In 1947, the CIA went through extensive wholes of cash to guarantee the Christian Democrats vanquished the Communist Party in decisions, and, in this way, got the nation far from the Soviets.​ Obviously, control was before long curved. So as to get countries far from the socialist coalition, the US bolstered some horrible governments, and built the fall of fairly chose communist ones. Control remained US strategy all through the Cold War, finishing in 1991, however talked about as something to be renewed when it came to US matches from that point onward.

Buying an hour of daddys time

Buying an hour of daddys time The man came home from work late again, tired and irritated, to find his 5 year old son waiting for him at the door.Daddy, may I ask you a question?Yeah, sure, what is it? replied the man. Daddy, how much money do you make an hour?Thats none of your business! What makes you ask such a thing? the man said angrily.I just want to know. Please tell me, how much do you make an hour? pleaded the little boy.If you must know, I make $20 an hour.Oh, the little boy replied, head bowed. Looking up, he said, Daddy, may I borrow $10 please?The father was furious. If the only reason you wanted to know how much money I make is just so you can borrow some to buy a silly toy or some other nonsense, then you march yourself straight to your room and go to bed.  Think about why youre being so selfish. I work long, hard hours everyday and dont have time for such childish games.The little boy quietly went to his room and shut the door.The man sat down and started to get even madder about the little bo ys questioning. How dare he ask such questions only to get some money.After an hour or so, the man had calmed down, and started to think he may have been a little hard on his son. Maybe there was something he really needed to buy with that $10 and he really didnt ask for money very often. The man went to the door of the little boys room and opened the door.Are you asleep son? he askedNo daddy, Im awake. replied the boyIve been thinking, maybe I was too hard on you earlier. said the man. Its been a long day and I took my aggravation out on you. Heres that $10 you asked for.The little boy sat straight up, beaming. Oh, thank you daddy! he yelled. Then, reaching under his pillow, he pulled out some more crumpled up bills. The man, seeing the boy already had money, started to get angry again.The little boy slowly counted out his money, then looked up at the man.Why did you want more money if you already had some? the father grumbled.Because I didnt have enough, but now I do. the li ttle boy replied. Daddy, I have $20 now. Can I buy an hour of your time? Please come home early tomorrow. I would like to have dinner with you.The father was crushed and he put his arms around his little son.Author UnknownIt’s just a short reminder to all of us working so hard in life. We should not let time slip through our fingers without having spent some time with those who really matter to us, those close to our hearts. Do remember to share that $20 worth of your time with someone you love.If we die tomorrow, the company that we are working for could easily replace us in a matter of hours. But the family friends we leave behind will feel the loss for the rest of their lives.

Organic Farming Is Becoming The Next Big Thing On The Food...

Organic farming is becoming the next big thing in the food industry. Organic farms â€Å"produce products using methods that preserve the environment and avoid synthetic materials.†1 Organic standards explain how farmers grow and treat their plants and animals. As you can see, organic farming isn’t just food like vegetables and fruits but also includes dairy and poultry. Like many other topics, there are many parts that play into one thing. This research will provide you with the background on organic farming, its economic statistics, the ecosystems benefits, biodiversity benefits, and the use of genetically modified organisms (GMOs) in organic farming. Organic farming might be new to many people but it has been around since the late 1940s. A lot has changed since then but the main idea for organic farming has stayed the same. The growth of organic farming has led this phenomena into becoming its own industry. Unfortunately, during this time period there were no regulation and certifications that organic farmers needed to follw. In the 1980s, this began to change; â€Å"a consensus of production and certification standards† had been requested by the Organic Foods Production Act (OFPA).2 Finally, by the end of 2000, National Organic Production (NOP) standards were issued. NOP regulations â€Å"prohibits the use of genetic engineering, ionizing radiation, and sewage sludge.†2 Also with NOP guidelines must be followed and they include ways of production, processing, handling, materialsShow MoreRelatedHow Sales Are Influenced by the Addition of Artificial Ingredients to Organic Products3040 Words   |  12 Pagesartific ial Ingredients certified organic products on sale Introduction There is an old saying that use to announce the following: You are what you eat, at least that is what they say. Are customers losing faith in todays natural market with the combination of synthetic ingredients that are now being mixed in with it? It needs to be understood that in todays supermarkets, a person can buy organic food grown anywhere. Individual do not have to just worry about organic meats and vegetables, but customersRead MoreMichael Pollan Omnivore Dilemma2802 Words   |  12 Pagesthat we think about the food we eat. (Shea 54) Pollan demonstrates through fundamentally modern rhetoric the relationship that people, and more specifically American’s have with food and how very distant we are from it. (History, Old Favorites in B08) To some degree Pollan, others like him and internationally challenging food shortages and even worse food born illnesses and scares are changing the way that food is understood with regard to an international and national food traceabil ity and accountabilityRead MoreEssay On Marine Pollution1401 Words   |  6 Pagesboth indirectly and directly or by substances of energy. Not only does this pollution affect our oceans and all sea life, but it also affects the consumers of sea-food. Ultimately what we put into our oceans goes into what is collected and eaten out of the ocean. It is a vicious cycle that we have brought upon ourselves. Luckily, there are big advancements in technology that are helping and problem-solving ways that we can reduce the amount of pollution already in our oceans and seas. The investigationsRead MoreHow Oil Prices Affect the Price of Food2699 Words   |  11 Pagesthe Price of Food By  Post Carbon  | Wed, 21 December 2011 18:07 The current global food system is highly fuel- and transport-dependent. Fuels will almost certainly become less affordable in the near and medium term, making the current, highly fuel-dependent agricultural production system less secure and food less affordable. It is therefore necessary to promote food self-sufficiency and reduce the need for fuel inputs to the food system at all levels.    The connection between food and oil is systemicRead MoreHow Oil Prices Affect the Price of Food2690 Words   |  11 PagesAffect the Price of Food By  Post Carbon  | Wed, 21 December 2011 18:07 The current global food system is highly fuel- and transport-dependent. 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(Smith) In factRead MoreEssay about Whole Foods Market16819 Words   |  68 Pages[pic] Business Policy and Strategic Management Spring 2009 Team C TABLE OF CONTENTS Section 1: Case Study of Whole Foods 1 1.1 Historical Background 1 1.2 Organization Mission 1 1.3 The External Environment 2 1.3.1 Remote Environment 2 1.3.2 Industry Environment 3 1.3.3 Operating Environment 3 1.4 The Internal Environment 4 1.5 Generic Strategy 4 1.6 Long-Term Objectives 5 1.7 Grand Strategies 6 1.8 Short-Term Objectives 6 1.9 Functional TacticsRead MoreSustainability and Environmental Standards: Seeking Competitive Distinction at Damai Lovina Villas2242 Words   |  9 Pages$30/night in a very competitive industry. Marketing sustainability shows that participation in a VEP could be costly depending on the program. Adopting a formal EMS and certifying it IDO 141001 may typically cost $270-$1370 per employee depending on the extent to which the company had instituted proactive environmental and continual improvement procedures prior to implementing a formalized Ems. Although more than a dozen VEPs and eco-labeling programs targeted the hotel industry by 2006 only handful of theseRead MoreGot Gmos?: Genetically Engineered Food and the Sustainability of Health and the Environment4857 Words   |  20 PagesGenetically Engineered Food and the Sustainability of Health and the Environment Jennie Brooks COR 3145 John F. Kennedy University Fall 2006 People hold a very intimate relationship with food, whether it be for nourishment, a peace offering, trade, part of a religious practice, to provide a sense of community, or to satisfy a personal need. Its meanings are rooted deep within and are the foundations of many cultures. There was a time when humans were very connected to the food they ate. Not onlyRead More Business Planning and Structures Essay5897 Words   |  24 Pagesof the partnership and no ability to bind the firm as would be normally the case. The alternative to operating in partnership would be to establish a joint venture - the parents could invest money in an another entity who concerns related to farming which has knowledge, equipment and infrastructure in place. The advantage of this is that despite a potentially exceedingly complex relationship being created, it is possible to arrange exactly how the association will operate, most of the details

Essay on John Lockes Lasting Impact on Society - 1840 Words

Providing the 17th century world with an alternative, innovative view on philosophy, politics, economics, and education among other interrelated and important aspects of life, John Locke proved to be a person of immense impact. Born in 1632, in Wrington, England, Locke was the author of many known writings which include the Essay Concerning Human Understanding (1689), The Two Treaties of Government (1698), A Letter Concerning Toleration (1689), and Some Thoughts Concerning Education (1693) (Goldie 32). Locke’s writings represent a series of topics involving the purpose of philosophy, emergence of empiricism, and the role as well as limits of governments and churches in terms of liberty and natural rights. In a time where exposure of such†¦show more content†¦Furthermore, Locke’s profound analysis on sources of knowledge contributed to today’s psychological analysis of the unsolved dilemma of nature versus nurture while significantly shaping the foundatio n of modern psychology. As Locke introduced empiricism in An Essay Concerning Human Understanding, he was an important figure of Enlightenment to foster and alternate the schools of thinking in many spheres including here philosophy and psychology among many others. Indeed, Locke’s approach on human knowledge as an external obtained asset is closely linked to his view on ethics. According to Locke, ethics is learned by example coming from the external environment. Certainly, such examples can derive from teachers or other influential individuals who have had the chance to experience life on a broader extent. Due to such transcending thinking, Locke was perceived as a â€Å"‘culturally engaged’ philosopher responding to the cultural crises of the Modern Europe, in which a fracture of tradition and warfare had created a need to define the nature and scope of knowledge† (Marshall 468). His contribution was important because it provided people at that time with an alternative system of ethics that took into account reason and was not solely based on what others held ethical and/or unethical. It is this notion of reason, the factorShow MoreRelatedJohn Locke versus Thomas Hobbes Essay1297 Words   |  6 Pagesinevitable byp roduct of society. As societies evolve they change according to the life style of the people who inhabit them. Without change, society would never progress and thus would be frozen in a single moment in time. Thomas Hobbes and John Lock were two English philosophers who observed tremendous changes in English politics between the years of 1640 and 1690. In closely examining the views of both of these philosophers in subject areas such as the nature of man in society, the relationship betweenRead MoreThomas Hobbes And John Locke1346 Words   |  6 PagesContracts Thomas Hobbes and John Locke were two English political philosophers, who have had a lasting impact on modern political science. Thomas Hobbes and John Locke both spent much of their lives attempting to identify the best form of government. Locke and Hobbes were among the most prominent of theorists when it came to social contract and human rights. A Social Contract is an agreement among the members of a society to cooperate for social benefits. Thomas Hobbes and John Locke, are the two basicRead MorePrinciples Of John Locke And The Declaration Of Independence1021 Words   |  5 Pagesthe ideas of John Locke to the Declaration of Independence by DISCUSSING three main ideas in the Declaration of Independence and how each relates to the Natural Rights Philosophy. FCA 1: Clearly stated definition AND explanation of Natural Rights Philosophy. (35 points) FCA 2: Correct and consistent verb usage. (15 points) FCA 3: No unnecessary words and phrases; no repetition. (15 points) FCA 4: Concluding remarks that summarizes the focus of the essay and emphasizes the lasting impacts of these ideasRead MoreJohn Locke And The Enlightenment Era2187 Words   |  9 Pagesincluding the best philosopher of the said time, John Locke. A philosopher and a physician, John Locke was introducing ideas that to others, seemed ridiculous; however, these ideas and beliefs are the ideas that have led our society to the current state we live in. The influence and principles of John Locke had maintained a solid foundation throughout his years he was present and after his death. Which is why, many scholars of the past and present have crowned John Locke to be â€Å"The most influential philosopher†Read More Locke On Distribution Essay3207 Words   |  13 Pagesrespective theories. This humble treatise, however, will merely essay to provide a fairly objective explanation of John LockeÕs disputed offering to the political and economic understanding of property and how it relates to poverty and the distribution of wealth. It will then continue to examine the two most preeminent, contemporary champions of welfarist and entitlement theories in that of John Rawls and Robert Nozick respectively, focusing specifically on what they, standing on LockeÕs shoulders, offerRead MoreClassical Liberalism: Two Treatises on Government by John Locke1152 Words   |  5 Pagesbecause people are not inherently bad. If anything, the people need someone to guide them but not have absolute rule over them. Revolutions have been based off of Enlightenment ideals because they are used to benefit the majority not the rich elite. John Locke, and his book Two Treatises on Government, impacted the Enlightenment by spreading the ideals around the world, which influenced revolutions. Locke wrote that â€Å"the state of nature has a law of nature to govern it, which obliges every one: andRead MoreThe Political Philosophies Of Thomas Hobbes And John Locke3805 Words   |  16 PagesThe purpose of this essay will be to thoroughly compare and contrast the political philosophies of Thomas Hobbes and John Locke. At the surface, these two scholars seem to offer contradictory models of political order, while at the same time relying on similar views of human nature. These men published their most famous offerings, Hobbes’ Leviathan and Locke s Second Treatises of Government, during an era of developing capitalism and market mechanisms. I will discuss the role of the emerging socialRead MoreAbraham Lincoln And Martin Luther King Jr.1931 Words   |  8 Pagesforces in society. These constitutional rights also regu late government intervention affecting citizens morally, economically, and politically. Four main principles make up the foundation of a liberal democracy. The first principle is the belief that the individual is both moral and rational. The second is the belief in progress and reason. This belief is based on the natural conditions of mankind that allows it to achieve growth and development. The third belief is that society should lookRead MoreLiberty in the History of America Essay2150 Words   |  9 PagesFast forward over a hundred years later, and John Rawls lived in a time were the conversation on equality and justice were major political issues. Rawls proposed a brand new way of looking at concepts of equality and justice and how to define them. The idea of liberty has played a significant role throughout the history of America, however how it is defined and what its implications are have changed from the Puritans, to Tocqueville and finally with John Rawls. The Puritans came to the New World inRead MoreThe Foundations Of American Politics1848 Words   |  8 Pagesduring the creation of the United States and how he bent his philosophies in order to best influence and aid the people within his society. It is easy to take one look at the long-lasting political and social career of Madison, and clearly understand why he is celebrated as one of the most influential of the founding fathers. In order to rightly understand the impact James Madison made upon the creation of the country, it is important to see Madison as being a man whose philosophical principles seemed

Mustafa Kemal Ataturk The First President of Turkey Free Essays

Mustafa Kemal Ataturk (indeterminate, 1881–10 November 1938) was a Turkish army officer, revolutionary statesman, and founder of the Republic of Turkey as well as its first President. Ataturk became known as an extremely capable military officer by being the only undefeated Ottoman commander during World War I. [1] Following the defeat of the Ottoman Empire, he led the Turkish national movement in the Turkish War of Independence. We will write a custom essay sample on Mustafa Kemal Ataturk: The First President of Turkey or any similar topic only for you Order Now Having established a provisional government in Ankara, he defeated the forces sent by the Allies. His successful military campaigns led to the liberation of the country and to the establishment of Turkey. During his presidency, Ataturk embarked upon a program of political, economic, and cultural reforms. An admirer of the Age of Enlightenment, he sought to transform the former Ottoman Empire into a modern, democratic, and secular nation-state. The principles of Ataturk’s reforms, upon which modern Turkey was established, are referred to as Kemalism. Early life Main article: Mustafa Kemal Ataturk’s personal life Born as Mustafa, his second name Kemal (meaning Perfection or Maturity) was given to him by his mathematics teacher in recognition of his academic excellence. [2] He was born to a turkish family living in Thessaloniki. Mustafa’s mother was Zubeyde Hanim (1857-1923), a devout Muslim and â€Å"as fair as any Slav from beyond the Bulgarian frontier† with â€Å"fine white† skin and â€Å"eyes of a deep but clear light blue†. [3] In his early years, his mother encouraged Mustafa to attend a religious school, something he did reluctantly and only briefly. Later, he attended Semsi Efendi school (a private school with a more secular curriculum) at the direction of his father. His parents wanted him to have education in a trade, but without consulting them, Ataturk took an entrance exam for a military junior high school in Thessaloniki (in Turkish, Selanik, which was an Ottoman city at that time) in 1893. In 1896, he enrolled into a military high school in the Ottoman city of Manast? r (modern Bitola, Macedonia). In 1899, he enrolled at the War College in Istanbul and graduated in 1902. He later graduated from the War Academy on 11 January 1905. How to cite Mustafa Kemal Ataturk: The First President of Turkey, Papers

Synopsis of Tort Case

A tort action is an act of commission or omission that results in a legal injury for which a remedy can be instituted. The case has a number of tort actions that include slander and negligence.Advertising We will write a custom essay sample on Synopsis of Tort Case specifically for you for only $16.05 $11/page Learn More Slander Actions Slander is defined as a written publication of an unjustified false statement against an individual. The statement must have a potential to lower the plaintiff’s reputation from a rational person’s perspective. For an act to be considered as slander, the statement must have been false, referred to the plaintiff, defamatory in nature, and published in a written form. In the case, Raul published a false statement on a sign. The statement claimed that SureCo Company was stealing from its customers, a statement that is not true and yet taints the company’s image (Miller and Jentz, 2010). Plaintiff and def endant The potential plaintiff in the tort case is the SureCo Company. This is because the company is the victim of the defamation. The defendant is Raul who published a defamatory statement (Miller and Jentz, 2010). Elements of slander that constitutes the plaintiff’s claimAdvertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The actions of Raul satisfy the essential elements of a slander. The first element is the publication of a false statement. Raul published a claim that the company is stealing from its customers. This statement is false because the company did not engage in any of such activities. Actions of the agent that constituted misrepresentation of facts were illegal and did not bind the company. The written statement was further defamatory (Miller and Jentz, 2010). Possible defense The possible defense that Raul can use is justification of the statement or an offer of ap ology for the statement. Justification of the statement would involve proof that the company has been involved in an activity of stealing from its customers. Raul can similarly apologize to the company and use the apology as a defense (Miller and Jentz, 2010). Possible resolution The case is most likely to be resolved in favor of SureCo. This is because the circumstances of the case satisfy elements of a slander. The possible defenses are also not strong enough, based on the facts of the case. Negligence Another tort action in the case is negligence. Negligence is defined as a breach of duty of care that leads to legal injury (Miller and Hollwell, 2010).Advertising We will write a custom essay sample on Synopsis of Tort Case specifically for you for only $16.05 $11/page Learn More Plaintiff and defendant The plaintiff in the case would be Raul who was shot in the eye. The defendants would be the boss and SureCO Inc. SureCo would be a possible defendant on the ground that the boss acted on her capacity as an agent for the interest of the company (Miller and Hollwell, 2010). Elements of negligence For a case to be considered as negligence, the defendant must have owed the duty of care to plaintiff. That duty of care must have been breached leading to damage. Generally, every person owes a duty of care to his or her neighbor. Consequently, the boss owed a duty of care to Raul who was in her environment. The duty of care was breached by shooting in the direction of the plaintiff. As a result, the plaintiff was shot in the eye leading to injury (Miller and Hollwell, 2010). Possible defense Possible defense in the case include the doctrines of contributory negligence and ‘volenti non fit injuria’. Under contributory negligence, the defendant can claim that the injury occurred only because the plaintiff demonstrated in front of the company’s premises. Similarly, arguments that the plaintiff should have been aware of a gainst him would constitute ‘volenti non fit injuria’ (Miller and Hollwell, 2010). Possible resolutionAdvertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The case is likely to be resolved in favor of the plaintiff. This is because the defendant used excessive force apart from strong evidence for negligence. References Miller, R., and Hollwell, W. (2010). Business Law: Text Exercises. Mason, OH: Cengage Learning. Miller, R., and Jentz, G. (2010). Business Law Today: The Essentials. Mason, OH: Cengage Learning. This essay on Synopsis of Tort Case was written and submitted by user Emmalee Dorsey to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Colour Power essays

Colour Power essays Its funny how little things we take for granted can have major effects in our life. Colours; they have had great significance to us throughout all phases of our life, starting from the treasured crayon boxes in kindergarten to the latest clothes in fashion this season. They have more influence on us then we can possibly imagine. Medical science has proven that different colors have various effects upon our nervous system. If we use them intelligently, they can help us by strengthening, soothing, and inspiring us. Colours affect our mood, and can help us accomplish many things. For example, most of us who take band music already know that thinking bright yellow has been proven to help us hit the high notes. You may have heard about chromotherapy, when a therapist can use colour and light to balance energy wherever our bodies are lacking, be it physical, emotional, spiritual, or mental. Much evidence indicates that colour and light have been used for health treatments since the beginning of recorded time. Colour therapy is possibly rooted in Ayurveda, an ancient form of medicine practiced in India for thousands of years. Also, in traditional Chinese medicine, each organ is associated with a healing colour. Ancient Egyptians built solarium-type rooms, which could be fitted with coloured panes of glass. The sun would shine through the glass and flood the patient with colour. Commonly, dark colours have been associated with illness and evil, claiming that they can harm our spirits and health. Strong bright colours, on the other hand, may bring out the best in us, physically, spiritually, mentally and emotionally. Our school uniform colours, navy and white, have a very neutral and balancing effect on all of us. Navy blue, is claimed to profoundly calm and relax us, but it may lead to slight melancholy. It is also the colour that ensures success. Surprisingly, this colour is used to for relieving headaches, ...

Battle of the North Cape - World War II - Scharnhorst

Battle of the North Cape - World War II - Scharnhorst Battle of the North Cape - Conflict Date: The Battle of the North Cape was fought December 26, 1943, during World War II (1939-1945). Fleets Commanders Allies Admiral Sir Bruce FraserVice Admiral Robert Burnett1 battleship, 1 heavy cruiser, 3 light cruisers, 8 destroyers Germany Rear Admiral Erich Bey1 battlecruiser Battle of the North Cape - Background: In the fall of 1943, with the Battle of the Atlantic going poorly, Grand Admiral Karl Doenitz sought permission from Adolf Hitler to allow surface units of the Kriegsmarine to begin attacking Allied convoys in the Arctic. As the battleship Tirpitz had been badly damaged by British X-Craft midget submarines in September, Doenitz was left with the battlecruiser Scharnhorst and the heavy cruiser Prinz Eugen as his only large, operational surface units. Approved by Hitler, Doenitz ordered planning for Operation Ostfront to commence. This called for a sortie by Scharnhorst against Allied convoys moving between northern Scotland and Murmansk under the direction of Rear Admiral Erich Bey. On December 22, Luftwaffe patrols sited Murmansk-bound convoy JW 55B and began tracking its progress. Aware of Scharnhorsts presence in Norway, the commander of the British Home Fleet, Admiral Sir Bruce Fraser, began making plans to eliminate the German warship. Seeking battle around Christmas 1943, he planned to lure Scharnhorst from its base at Altafjord using JW 55B and Britain-bound RA 55A as bait. Once at sea, Fraser hoped to attack Scharnhorst with Vice Admiral Robert Burnetts Force 1, which had aided in escorting the earlier JW 55A, and his own Force 2. Burnetts command consisted of his flagship, the light cruiser HMS Belfast, as well as the heavy cruiser HMS Norfolk and light cruiser HMS Sheffield. Frasers Force 2 was built around the battleship HMS Duke of York, the light cruiser HMS Jamaica, and the destroyers HMS Scorpion, HMS Savage, HMS Saumarez, and HNoMS Stord. Battle of the North Cape - Scharnhorst Sorties: Learning that JW 55B had been spotted by German aircraft, both British squadrons left their respective anchorages on December 23. Closing on the convoy, Fraser held his ships back as he did not wish to deter a German sortie. Utilizing the Luftwaffe reports, Bey departed Altafjord on December 25 with Scharnhorst and the destroyers Z-29, Z-30, Z-33, Z-34, and Z-38. That same day, Fraser directed RA 55A to turn north to avoid the coming battle and ordered the destroyers HMS Matchless, HMS Musketeer, HMS Opportune, and HMS Virago to detach and join his force. Battling poor weather which hampered Luftwaffe operations, Bey searched for the convoys early on December 26. Believing he missed them, he detached his destroyers at 7:55 AM and ordered them to probe south. Battle of the North Cape - Force 1 Finds Scharnhorst: Approaching from the northeast, Burnetts Force 1 picked up Scharnhorst on radar at 8:30 AM. Closing in the increasingly snowy weather, Belfast opened fire at a range of around 12,000 yards. Joining the fray, Norfolk and Sheffield also began targeting Scharnhorst. Returning fire, Beys ship failed to score any hits on the British cruisers, but sustained two, one of which destroyed Scharnhorsts radar. Effectively blind, the German ship was forced to target the muzzle flashes of the British guns. Believing he was engaging a British battleship, Bey turned south in an effort to break off the action. Escaping Burnetts cruisers, the German ship turned northeast and attempted to loop around to strike at the convoy. Hampered by degrading sea conditions, Burnett shifted Force 1 to a position to screen JW 55B. Somewhat concerned that he had lost Scharnhorst, Burnett reacquired the battlecruiser on radar at 12:10 PM. Exchanging fire, Scharnhorst succeeded in hitting Norfolk, destroying its radar and putting a turret out of action. Around 12:50 PM, Bey turned south and decided to return to port. Pursuing Scharnhorst, Burnetts force was soon reduced to just Belfast as the other two cruisers began suffering mechanical issues. Relaying Scharnhorsts position to Frasers Force 2, Burnett maintained contact with the enemy. At 4:17 PM, Duke of York picked up Scharnhorst on radar. Bearing down on the battlecruiser, Fraser pushed his destroyers forward for a torpedo attack. Maneuvering into position to deliver a full broadside, Fraser ordered Belfast to fire starshells over Scharnhorst at 4:47 PM. Battle of the North Cape - Death of Scharnhorst: With its radar out, Scharnhorst was caught by surprise as the British attack developed. Using radar-directed fire, Duke of York scored hits on the German ship with its first salvo. As the fighting continued, Scharnhorsts forward turret was put out of action and Bey turned north. This quickly brought him under fire from Belfast and Norfolk. Changing course to the east, Bey sought to escape the British trap. Hitting Duke of York twice, Scharnhorst was able to damage its radar. Despite this success, the British battleship struck the battlecruiser with a shell which destroyed one of its boiler rooms. Quickly slowing to ten knots, Scharnhorsts damage control parties worked to repair the damage. This was partially successful and soon the ship was moving at twenty-two knots. Though an improvement, this reduced speed allowed Frasers destroyers to close. Maneuvering to attack, Savage and Saumarez approached Scharnhorst from port while Scorpion and Stord neared from starboard. Turning to starboard to engage Savage and Saumarez, Scharnhorst quickly took a torpedo hit from one of the other two destroyers. This was followed by three hits on its port side. Badly damaged, Scharnhorst slowed allowing Duke of York to close. Supported by Belfast and Jamaica, Duke of York began pummeling the German battlecruiser. With the battleships shells striking, both light cruisers added torpedoes to the barrage. Listing severely and with the bow partially submerged, Scharnhorst continued to limp along at about three knots. With the ship critically damaged, the order was given to abandon ship around 7:30 PM. Charging forward, the destroyer detachment from RA 55A fired nineteen torpedoes at the stricken Scharnhorst. Several of these struck home and soon the battlecruiser was convulsed by a series of explosions. Following a massive explosion at 7:45 PM, Scharnhorst slipped beneath the waves. In the wake of the sinking, Matchless and Scorpion began picking up survivors before Fraser ordered his forces to proceed to Murmansk. Battle of the North Cape - Aftermath: In the fighting off the North Cape, the Kriegsmarine suffered the loss of Scharnhorst and 1,932 of its crew. Due to the threat of U-boats, British ships were only able to rescue 36 German sailors from the frigid water. British losses totaled 11 killed and 11 wounded. The Battle of the North Cape marked the last surface engagement between British and German capital ships during World War II. With Tirpitz damaged, the loss of Scharnhorst effectively eliminated surface threats to the Allies Arctic convoys. The engagement also demonstrated the importance of radar-directed fire control in modern naval battles. Selected Sources Operation Ostfront: ScharnhorstImperial War Museum: Battle of the North Cape

Helping Skills in Mental Health Facilitation Case Study

Helping Skills in Mental Health Facilitation - Case Study Example termine her mental state of health as well as help her find a community mental health facilitator in charge of a social support group of people undergoing the same situation as her. The mental health facilitator assists in people sharing their experiences and helping them cope with the problem and their situations better be they social or psychological (Hinkle, 2014). After achieving a bit of control of her life and managing to reduce her depression, the next step is for her to bring in her son with her to the community group and they undergo the support as a family. They will be helped to know how to communicate better with each other, learn out about their needs and want and how to coexist with each other without having to fight all the time. Susan will be taught to not only be a parent but be a friend to her son as well and how they can trust each other since they only have each other. The mental health facilitator is the one to assist them fulfill the plan. Hinkle, S. (January, 2014). â€Å"Population-Based Mental Health Facilitation (MHF): A Grassroots Strategy That Works.† The Professional Counselor Journal. Retrieved from:

What would happen in a market that is transformed from a perfectly Essay

What would happen in a market that is transformed from a perfectly competitve market to a pure monopoly - Essay Example Competition not only helps the customer but also the company itself. The constant challenge to outdo the rival helps companies to stretch an extra mile and work optimally. Barriers to entry keep the businesses constrained and discourage them to enter the market. In a perfectly competitive market a lot of suppliers of goods and service exist, a lot of buyers exist, the barriers to entry are non-existent and the market is characterised by non externalities. In a pure monopoly the demand curves of market and the firm are identical. However, in a pure competition the demand curves are different for both market and firm. The demand curve of the firm is perfectly elastic because it sells product or service at the equilibrium price. Natural monopolies exist without any regulation in place but due to the technological and cost advantages of the company. The prospective entrant can not afford to invest in the technology or share cost advantages of the initial firm in the same industry. For example, DeBeers has control over the natural resource of diamonds. Practically all diamonds in the world have come into the control of DeBeers in South Africa. IBM enjoyed monopoly for a long time because of copyrighting and patents rules. Gas, electric and bus companies are usually monopolies in their respective country because of the huge cost of capital and maintenance cost. Monopolies are often call price setters and many exploit their status to discriminate price for its consumers. In real world, pure monopolies have mostly been characterised as less efficient. Pure monopolies supply is hardly equal to the market’s demand. The consumer are constrained by making alternate choices as there is no other firm in the same industry. This has grave implications on the society we live in. The self interest battle between the pure monopoly and the society can cause loss of goodwill for the monopolies. However, natural pure monopolies do not exploit the

The Pros and Cons of Contracting Out In The Public Sector Essay

Advantages and Disadvantages of Contracting Out In The Public Sector Introduction Many public agencies in recent years have followed the trend of privatization, or contracting-out. Activities and functions that were once performed, or services that were once provided, by public employees are now being performed by private sector employees (Lyons). Vehicle towing, health services, police protection, and solid waste collection are among the many services and functions that government has contracted out. A survey in 1995 that was sent to mayors or city managers of America's largest cities (based on population) revealed that only three of the 66 cities that responded to the survey had not privatized any city services. http://fpac.fsu.edu/parbaby/pdf/1997/janfeb/dilger.pdf This trend translates to not only an administrative concerns but a staffing concern faced by many managers. Privatization As A Staffing Concern Replacement Of Civil Servants By Contract Employees Privatization of governmental functions has a direct relationship with the number of contract employees in government and an inverse relationship with the number of civil servants. As privatization has become more acceptable, contract employees are being hired to do the jobs, thus, replacing civil servants. As indicated by Gregg Lodan, Assistant Administrative Analyst for the City of Long Beach Community Development Department, approximately 20% of the department’s employees are contract employees, as opposed to approximately 5% three years ago. He stated that other departments and other cities might have even higher percentages because functions of whole departments or individual functions are now being considered for privatization (Lodan). In India... ...3. International City Management Association. Service Delivery in the 90's: Alternative Approaches for Local Governments: Washington D.C.: International City Management Association, 1989. Lodan, Gregg and Jesus Gomez. Personal interview. November 18, 1998. Lyons, James. "Contracting Out for Public School Support Services." Education Urban Society, Feb. 1, 1995: 154 Pinchot, Gifford, and Elizabeth Pinchot. The End of Bureaucracy & the Rise of the Intelligent Organization. San Francisco: Berrett, 1993: 180. Rehfuss, John A. Contracting Out in Government. San Francisco: Jossey, 1989 Wolfe, Michael N. "That's Not an Employee, That's an Independent Contractor." Compensation & Benefits Review, July-August, 1996: 60-64. Nigro, Lloyd G., and Felix A. Nigro. The New Public Personnel Administration. Itasca, Illinois: F.E. Peacock Publishers, Inc., 1994.

After the Second World War Essay

1) Japan   2) The â€Å"four tigers†: Taiwan, South Korea, Hong Kong, Singapore (the sixties of the twentieth century); 3) Indonesia, Malaysia, Thailand, China (from the 1970s to the 1980s) In fact, by rejecting import substitution industrialization Asian nations managed to avoid some negative results of this policy. First, their economies were not dragged by inefficient industries. Second, East Asia did not have to implement policies benefiting industrial workers at the expense of those working on the farms. This was crucial for Asian countries because farmers made up the majority of their population. In addition, in order to diminish the cost of industrialization, the cost of food needed to be kept artificially low. And also, East Asia attempted to prevent the appearance of rent seeking behaviours, which resulted from the usage of the licensing schemes for import substitution strategy and which usually increased inefficiency of economics. High tariffs on manufactured goods, which were imposed by many countries in order to create their manufacturing bases, forced multinational companies to assemble or produce them locally. For example, manufacturers of motor industry exported vehicles for local assembly. Their vehicles were delivered ‘completely knocked down’ and the local assembly resulted in poorer quality and higher expenditures in comparison with those imported already built up. Moreover, the local assembly of identical products only duplicated resources and reduced economies of scale, which became increasingly inefficient for manufacturers. On the whole, at the beginning of 1980s the policy of import substitution industrialization began to fail both in Latin America and in those Asian countries where the policy was adopted. Generally, it happened because the governments involved in the policy started to overspend reserves in order to keep the stability of currency. The governments in Latin America defaulted on their debts and had to turn to the help of the International Monetary Fund. Another process which contributed to the failure of import substitution was globalization. However, some economists think that the collapse of the policy of import substitution industrialization â€Å"should not necessarily be taken as an endorsement of globalization. † Such point of view was supported by the fact that some countries of East Asia also used high tariff barriers while rejecting the rest of the strategy of import substitution. This mixed policy was focused on investment and subsidies on the industries which would produce goods for export. As a result, these Asian countries managed to create competitive industries. However, irrespective of all their achievements, the policies described above also proved to be inefficient and later led to many problems during Asian financial crisis. The closing period of import substitution industrialization was in 1989 when the Washington Consensus as a set of policies designed to promote economic growth in the countries of Latin America was presented by John Williamson. The Washington Consensus included reforms which continued the policy of import substitution industrialization offering a modernized version of its tenets. In particular, the Washington Consensus proposed the following: 1) the discipline of fiscal policy; 2) tax reform. It flattened tax curve: the tax rates on high tax brackets were lowered and the tax rates on the low tax brackets were raised. Also it suggested lowering the marginal tax rate; 3) Competitive exchange rates; 4) Trade liberalization by means of low and uniform tariffs which would replace quantitative restrictions; 5) Reduced limitation for foreign direct investment; 6) Privatization of state enterprises; 7) Deregulation, which implies â€Å"abolition of regulations that impede entry or restrict competition, except for those justified on safety, environmental and consumer protection grounds, and prudential oversight of financial institutions† 8) Property rights must be legally secured; 9) Public spending should be redirected toward the investment of health, education, and infrastructure; 10) â€Å"Interest rates that are market determined and positive (but moderate) in real terms. † In the nineties the Washington consensus was being disputed. The critics of the reforms argued that they would lead vulnerable countries to crisis instead of helping to overcome it. Naomi Klein and Noam Chomsky claimed that the neoliberal policies of the Washington consensus would lead to the exploitation of labor market of an underdeveloped economy by a more developed one . Privatization of state industries, deregulation, and tax reform were seen by the opponents as the reforms which would ensure the development of the layer of local monied elite who would pursue local interests and try to maintain local status quo. Jorge Taiana, the Deputy Foreign Minister of Argentina, also disapproved the Washington consensus saying that such policies never had a real consensus and nowadays â€Å"a good number of governments of the hemisphere are reviewing the assumptions with which they applied those policies in the 1990s,† adding that governments are working on a development model which would ensure productive employment and guarantee the generation of real wealth. Another economist Duncan Kennedy in the article for The Boston Review stated that the Washington Consensus completely opposed the initial tenets of import substitution industrialization and more favoured American political interests: â€Å"In the form promoted by the United States, ISI was as hostile to free-market economics as to Communism. The overarching idea of the Washington Consensus was to wipe out every aspect of ISI: the Washington Consensus is both that free markets are good and that ISI [Import substitution industrialization] was bad. Developing countries were to develop through integration into the world commodity and capital markets, with policies of deregulated private enterprise, foreign investment, and open economic borders. † All in all, taking into consideration the mistakes of the previous experience and the criticism of the economists, the developmental policy of import substitution industrialization has never been returned since the time of the Washington Consensus. Thus, in the paper import substitution industrialization as a process and as a policy was investigated. It was found out that import substitution pursues three main goals: utilization of underused capacities, reducing unemployment and infant industries protection. The implementation of the policy of import substitution industrialization is based on three tenets: particular monetary and industrial policies, and protective trade barriers. However, it turned out that success and efficiency of import substitution industrialization was doubted by the proponents of absolute free market. Potential risks of import substitution were also visible while careful theoretical analysis and pointed out by economists. The underdeveloped countries of Latin America and East Asia implemented the policy of import substitution industrialization. It occurred that the potential risks and the negative aspects found out by the proponents of absolute free market constituted the drawbacks of the policy and finally became the chief factors of its failure. However, the major part of East Asian countries rejected the policy and experienced economic growth. The example of Brazil demonstrated that the policy of import substitution industrialization can stimulate economic growth for some period of time, but its drawbacks (first of all high expenditures and inefficiencies) pose real obstacles for continuous and strong economic development. Bibliography: 1) Bianchi A. M. Concern with Policy-relevance in the Latin American School of Economics. Post-autistic economics review. Issue no. 18, 5 February 2003 article 2 10 Nov. 2005 2) Charles J. Born in Blood and Fire Chasteen, 2001.p. 226-228. 3) Duncan Kennedy on import substitution industrialization. Totalitarianism Today. The Boston Review October 13, 2003, 10 Nov. 2005 4) Import substitution, Economic Geography Glossary, 1999, , 12 Nov. 2005 5) Import substitution, Wikipedia, 24 October 2005, 10 Nov. 2005 6) Stutz F. P & Souza A. R. : The World Economy: Resources, Location, Trade, and Development (3rd ed. ), Prentice Hall 1998.

Use Fake Facts on Explorers to Teach Internet Research

If you Google the explorer Ferdinand Magellan, one of the top results youll get is a web page from the website  All About Explorers  that states: In 1519, at the age of only 27, he was supported by  several wealthy businessmen, including Marco Polo, Bill Gates, and Sam Walton, to finance an expedition to the Spice  Islands. While some facts in this information are accurate -namely the year of Magellans expedition to the Spice Islands- there are others that might set off alarms. Educators would know that Microsofts Bill Gates or Wal-Marts Sam Walton would not be around for another 500 years, but would students? There is recent research that suggests that many students in our middle schools, high schools, or  college would not question the information given about the life of this 15th Century explorer. After all, this website  looks  like a credible source! That is exactly the problem that the  Stanford History Education Group  (SHEG) discovered in a report titled  Evaluating Information: The Cornerstone of Civic Online Reasoning. This report released November 2016 tracked the research skills of students in middle, high school or college using a series of prompts. The study prototyped, field tested, and validated a bank of assessments that tap civic online reasoning. (see 6 Ways to Help Students Spot Fake News) The results of SHEGs study indicated that many students are  not prepared to distinguish accurate from inaccurate accounts  or  decide when a statement is relevant or irrelevant to a given point. SHEG suggested that  when it comes to evaluating information that flows through social media channels, they are easily duped  pronouncing  our  nations  students ability to research in one word: bleak.   But that  AllAboutExplorers website  is one bogus website that  should not be shut down. Use The AllAboutExplorers Website  for Internet Research Practice Yes, there is plenty of misinformation on site. For example, on the webpage dedicated to Juan Ponce de Leon, there is the reference to  an  American multinational cosmetics, skin care, fragrance, and personal care company that was founded in 1932:   In 1513 he was hired by Revlon, a cosmetic company, to search for the Fountain of Youth (a body of water that would enable you to look young forever). In truth, the  misinformation on the  AllAboutExplorers  website is intentional, and all of the misinformation on the site was created to serve  an important educational purpose-to better prepare students in intermediate and middle schools to understand how to research accurately and completely using evidence that is valid, timely, and relevant. The about page  on the site states: AllAboutExplorers  was developed by a group of teachers as a means of teaching students about the Internet. Although the Internet can be a tremendous resource for gathering information about a topic, we found that students often did not have the skills to discern useful information from worthless  data. The AllAboutExplorers  site was created in 2006 by educator Gerald Aungst,(  Supervisor of Gifted and Elementary Mathematics in the Cheltenham School District in Elkins Park, PA) and Lauren Zucker,(Library Media Specialist in Centennial School District). Their collaboration 10 years earlier confirms what the SHEG research has recently concluded, that most students cannot tell  good information from bad. Aungst and Zucker explain on the website that they created  AllAboutExplorers in order to develop a series of lessons for students in which we would demonstrate that just because it is out there for the searching does not mean it is  worthwhile. These educators wanted to make a point  about  finding useless information on a site that was designed to look believable. They note that  all of the Explorer biographies here are fictional and that they purposefully mixed facts with  inaccuracies, lies, and even downright absurdities. Some of the absurdities that have been mixed with facts on famous explorers on this website include: Lewis Clark:...in 1795, they became the charter subscribers to the National Geographic Magazine. Both were so mesmerized by the stunning color photographs in the glossy publication that they determined–completely separately–to become world-famous  explorers. It wasn’t until 1803, when Thomas Jefferson saw an intriguingly brief posting by Napoleon Bonaparte on Craig’s List for a large tract of  land:  For Sale:  Louisiane, a tract of land in the middle of the North America. Acreage unknown. Contains the fourth longest river in the world. â‚ ¬60,000,000 OBO, local shipping included. Serious inquiries  only.Christopher Columbus: He  knew he had to make this idea of sailing, using a western route, more popular. So,  he produced and appeared on infomercials  which aired four times daily. Finally,  the King and Queen of Spain called his toll-free number  and agreed to help  Columbus. The authors have provided readers the cautions not to  use this site as a source of reference for research. There is even a satiric  update on the site that mentions a lawsuit settlement on a  (fake) claim that the information unfairly caused failing grades for students who used the information via the website.   The authors can be followed on  Twitter: aaexplorers.  Their website confirms SHEG reports that states there  are scores of websites pretending to be something they are not. In addition to the elaborate hoaxes on explorers there are more serious and credible  lesson plans designed to introduce students to the skills and concepts of good Internet researching: Just Because Its Out There Doesnt Mean Its GoodSo How Do You Find the Good Stuff?Google, What?Where Exactly Am I?How Could They Be So Wrong? Research Standards for Social Studies Research is not exclusive to any discipline, but the  National Council for the Social Studies has outlined specific standards for research in their  College, Career, and Civic Life (C3) Framework for Social Studies State Standards: Guidance for Enhancing the Rigor of K-12 Civics, Economics, Geography, and History   There is the standard:  Dimension 4, Communicating Conclusions  for grades 5-12,   the intermediate and  middle school grades levels (5-9) that could benefit from the lessons on the  AllAboutExplorers: D4.2.3-5. Construct explanations using reasoning, correct sequence, examples, and details with relevant information and data.D4.2.6-8. Construct explanations using reasoning, correct sequence, examples, and details with relevant information and data, while acknowledging the strengths and weaknesses of the explanations.D4.1.9-12. Construct arguments using precise and knowledgeable claims, with evidence from multiple sources, while acknowledging counterclaims and evidentiary weaknesses.   The European explorers are generally studied in grades 5 as part of American Colonial History; in grade 6 7 as part of European exploration of Latin and Central America; and in grades 9 or 10 in the study of colonialism in global studies classes.   The website AllAboutExplorers provides educators an opportunity  to help students  learn how to negotiate the Internet in research. Teaching students to better explore the web can be improved by introducing students to this website on famous explorers.

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