Find a Supreme Court case that deals with Section 1983 violations Essay

Find a Supreme Court case that deals with Section 1983 violations. Research the case in some depth - Essay Example It provides a remedy for deprivation of rights, such that the plaintiff has to prove personal involvement of the defendant, the defendant’s nature and quality of available immunity and the factors that will influence the alleged wrong. Defenses for federal, local and state government are qualified immunity in Section 1983 lawsuits. Additionally, prosecutors, judges and security officers have absolute immunity in Section 1983 lawsuits. Bivens claims that there has to be personal liability acting under the â€Å"Color of Law†. This implies that the person has to be subjected to the cause and must prove that they were deprived of their rights (Lippman 473). A Supreme Court case regarding civil remedies is Darling v. State of Florida; which took place in the Supreme Court of Florida. This case involved an inmate (Darling) challenging the use of lethal injections administered in accordance with sections 27.702 and 945.10, under the Florida Statues (2007). Additionally, the inmate wanted the court to overlook the mentioned sections and mentioned that Capital Collateral Regional Counsel Attorneys could not legally aid capital perpetrators like himself in challenging the execution method under Section 1983. The ruling rejected Darling’s claims but agreed with the claim regarding legal aid; by that permitting attorneys to file section 1983 for their capital defendant clients only of they are challenging the execution method. Clearly this case offered Capital Collateral Regional Counsel Attorneys representing capital defendants’ immunity as per section 1983. True to Bivens’ words, Darling had to prove he was deprived of h is civil rights. This he did by claiming that lethal injection method of execution is an unconstitutional and cruel punishment. This case opened the door for the capital defendant immunity as per section 1983; thereby gaining defense from post-conviction motions. In the light of the supreme law, the Appellee (state of Florida) acted within

Economics Essay Example | Topics and Well Written Essays - 500 words - 6

Economics - Essay Example Politicians from the developed nations and even the governments of the developing world expected their economies to boom once the trade barriers were removed, the free flow of capital permitted and modern technology used to increase productivity. However, with the process of unchecked globalization, the problems associated with it at times have taken a greater cost than the benefit provided. Of course the positive or negative impact of globalization has not only been felt by the people in the developing nations but also by people living in America. For example, a company which is heavily outsourcing some of its production abilities may give higher profits to the owners as a positive benefit of globalization. On the other hand, if the same company announces layoffs for American workers, globalization has shown the negative side of itself to those workers who lost their jobs in the process. Another central point made in the film which I feel is very important is the interconnection and dependence of the world economy on everything running smoothly in international terms. For example, an economic crisis in one country can have regional repercussions as exemplified by the case of the economic situation that developed in Brazil. If the country is strong enough or is a significant partner in global trade for many other countries, an economic crisis can shake the whole world into action as in the case of Japan. Finally, I think the most sobering message carried by the film was the idea that globalization and the use of technology will not be the answer to all the problems which are faced by the human civilization. Although these are good tools to help those who need them, they can also serve as tools to deprive some of their rights and disenfranchise those who are unable to be a part of the modern technological revolution. These can only be useful when their application is backed with an understanding of the issues and a belief that

Oligopoly Market in UK Supermarket Industry

Oligopoly Market in UK Supermarket Industry Oligopoly Market in UK Supermarket Industry In this essay I will search the information about supermarket industry in the UK, focus on the characteristic of oligopoly market and try to find out the effect of this market structure to customers, analysis its advantages and disadvantages. According to my search, there are a five big supermarket companies in the UK: Tesco, Asda, J Sainsbury, Safeway and Morrisons. We can see in the following diagram, in 2003 and 2008, Tesco is throughout having the most market share and the Asde .J Sainsbury Safeway and Morrisons always competitive with each other, having a large market share. So, the supermarket industry in UK is oligopoly market. The reason why the UK supermarket industry is oligopoly market for the follow reason: 1. Supply in the industry must be concentrated in the hands of relatively few firms. (Anderton A. (2004:322). In the UK, these supermarkets consider how much to supply and maybe make evaluate that how much their competitors will supply so that to insure the supply 2. Non-price competition (Anderton A. (2004:322). In UK supermarkets, in order to expand their market share, non-price competition has become a marketing strategy, As Revision Guru (2010); the supermarket will use different kinds of promotion or some way to encourage the consumer to buy more. 3. Collusion. Collusion is often a feature of the behaviour of firms in oligopolistic markets where it is not illegal. (Anderton A. (2004:323) 4. Many markets are dominated by brands. (Anderton A. (2004:323) .Every firm may produce the nearly the same good, in order to discriminate their good, many firms will make it as a brand to sell higher price. 5. Price rigidity. Price in oligopoly market changes far less than perfect competition in market. (Anderton A. (2004:323) The above is the characteristic of the oligopoly marker, and UK supermarket industry is match its characteristic, therefore, I draw a conclusion; UK supermarket industry is oligopoly market. In the follow section, will focus on discussion the advantages and disadvantages of this market structure for the consumers. In the oligopoly market, consumer can benefit from many ways. First of all, in the oligopoly market, consumers may have a better service a. For example in UK supermarkets, it is not only Tesco, but also Asda, J Sainsbury, SafewayThat means, consumers have choice to where they buy. As I mention above, oligopoly market is non-price competition, all the supermarkets sell almost the same good in the same price, in order to earn more money, the compete supermarkets may use different way to expand their market share, changing their marketing mixà ¯Ã‚ ¼Ã…’such as Internet shopping for customers, Store Loyalty cards, Innovative use of technology for shoppers including self-scanning machines and so on (Revision Guru (2010), by changing in four area: product, promotion, place, pricing so that can promote the development of service of the supermarkets. In this process, consumers can enjoy a better and convince shopping service. Secondly, in the oligopoly market, consumers have more opportunity to buy a new and advanced produce. According to Buzzle (2010), in the oligopoly market, because of the strong enterprise strength and a lot of funds, these companies will invest much money in produce research so that to create new produce, also, companies want to be more competitive, they must have something new to attract consumers. Therefore, consumers can benefit from this new produce to improve their living. Thirdly, in the oligopoly market, the price is more stable, consumers can accepted it. In the oligopoly market, the price change very little, because if one company change price, other company must be affected and have some reaction, For instance, according to Worve (2010), Tesco if reduce 3% to 25% of each good, this will increasing its revenue and even increase its market share expand 12% in eight weeks. Besides, in the oligopoly market, other companies will also reduce their price, therefore, the consumers may benefit from this price war, saving  £150 a year. The reason why the supermarket will decrease their price is form the kinked demand curve theory, the supermarkets activated is accepting the Kinked Demand Curve. If one firm reduces their price, other firms will follow to reduce so that to keep their market share so in the oligopoly market, customers may also benefit too, the customers not only had a stable price for goods, but also can buy a cheaper goods. However, oligopoly market also has it advantages for consumers. Firstly, high barrier to entry the oligopoly market also is a disadvantage to consumers. Because there are a few companies in oligopoly market, such the UK supermarket, there only a big firms competed in the market, the little companies do no have enough power to completive with that big one, therefore, some little companies may be quitted the market ,or some even can not entry the market. Mail Online (2010). The little supermarkets quit means consumers have less choice; it is a disadvantage for consumers. Secondly, collusion between the compete supermarkets; it is also cause by the first disadvantage. As I mention before, the collusion is the characteristic of oligopoly, the firms want to keep their revenue so that to increase their price, between firms, they may collude with each other illegally. Consumers are forced to buy the goods in a higher price; Telegraphà ¯Ã‚ ¼Ã‹â€ 2010à ¯Ã‚ ¼Ã‚ °said that Any exchange of information between retailers is bound to distort prices at the expense of consumers , thus it can be seen that this is a disadvantage for customers. In sum up, the research I have study about UK supermarket industry I find that UK supermarket industry is an oligopoly market, and customers can benefit a lot. As I mention before, consumers can not only have a better service, but also be provided acceptable price of good. Besides, for customers, the most important thing is the quality and price of goods, in the oligopoly markets, because of completion, every company will provide a new and advanced produce for customers. However, in this oligopoly market, because of the characteristic of oligopoly market, high barrier to entry the market and the illegally collusion, customers may lose chance to meet other new supermarket in the market, that means customers have fewer choice and more easily to be forced to buy good in higher price.In order to make UK supermarket better, government should check whether companies have colluded with each other, to protect the consumers benefit. REFERENCES: Anderton A. (2004) Economics (3rd ed.) Ormskirk, Causeway Press Ltd. (Accessed 5th January 2010) Buzzle (2010) [On line] The Benefits of Oligopoly Available at: http://www.buzzle.com/editorials/10-27-2002-29003.asp (Accessed 5th January 2010) Mail Online (2010) [On line] Stores Sold Supermarket Sweep Create Choice Shoppers Available at:http://www.dailymail.co.uk/news/article-490986/Stores-sold-supermarket-sweep-create-choice-shoppers.html (Accessed 5th January 2010) Revision Guru (2010) [On line] Oligopoly Available at: http://www.revisionguru.co.uk/economics/oligopoly.htm ) (Accessed 5th January 2010) Single Marketing Ltd (2010) [On line] UK Market Available at: http://www.singlemarketing.co.uk/uk_market.html (Accessed 5th January 2010) Teagasc (2010) [On line], Retailer Dominance and the Impact on Farmers: from Growing to Sustenance Available at: http://www.teagasc.ie/publications/2004/20040226/paper2.asp (Accessed 5th January 2010) Telegraph (2010) [On line], UK Supermarkets Fixed Milk and Cheese Price Available at: Tutore2U(2010) [On line] Kinked Demand Curve Under Oligopoly Available at: http://tutor2u.net/economics/content/topics/monopoly/kinked_demand.htm (Accessed 5th January 2010) Worve (2010) [On line] Oligopolies in Supermarkets Essay Available at: http://www.wovre.com/revision/oligopolies-in-supermarkets-essay/ (Accessed 5th January 2010)

Who the Fools Are in Gimpel the Fool Essay -- Isaac Bashevis Singer Pa

Who the Fools Are in Gimpel the Fool When reading through "Gimpel the Fool", the reader asks who the fools really are? Throughout this paper I will use the psychological approach. I will use this to show that Gimpel's character grows more into a successful person rather than a fool as everyone knows him to be. "Gimpel The Fool" is a story written by Isaac Bashevis Singer. This story is about a simple man named Gimpel. He is measured by many to be a fool because he is naive and easily taking advantage of; constantly falling for tricks layed out by the townspeople. Gimpel is also easily persuaded by the townspeople; they end up persuading him into marrying Elka, who is known as a whore. The author's point of view is what he is trying to get across to the readers. In this story, Singer is showing that good triumphs over evil. The author shows Gimpel's good side, by showing how caring and kind he is to people no matter what way he is treated by them. Gimpel just believes if he goes with the flow of things it would be a lot easier than dealing with the townspeople. "However, I resolved that I would always believe what I was told. What's the good of not believing? Today it's your wife you don't believe; tomorrow it's God Himself you won't take stock in" (305). Gimpel says this after his wife gave birth to their second child, during that time he had not seen her for nine months. The author shows us what is inside of Gimpel by having him be the narrator. He gives us an in-depth look inside the character's personality. Gimpel states, "I was no weakling. If I slapped someone he'd see all the way to Cracow" (301). The author is showing here that Gimpel does not have to give into the townspeople, he just chooses to. Throughout thi... ...ter about themselves the way they treated him. The townspeople never really showed any morals (superego) to Gimpel or any respect. All they showed was lack of respect and ridicule. As I read "Gimpel the fool" I thought to myself is Gimpel really the fool or is everyone else? To me I personally think he was not, he is smart by not arguing with people because arguing only causes turmoil, he was just making things easier on himself. Reading through this story I noticed a lot of things. I think in actuality the townspeople are the fools for the way they treated Gimpel. He is a good caring man that could be an excellent husband, as well an excellent friend. I think even though the people see him as being rich the truly rich thing in him is his forgiveness for others. Works Cited Singer, Isaac Bashevis. "Gimpel the Fool." Introduction to Literature. 2nd ed. Ed.

Media Content Analysis of Espn Essay

ESPN demonstrates how a monopoly works in the contemporary media landscape, a landscape in which the cost of information is diminishing and the necessity of diversified revenue streams is increasing. By distributing content across multiple platforms, like their website, their television programs, their magazine and their mobile applications, ESPN maintains a steady position as the leader in sports news. No competitor has managed to knock ESPN off its horse, primarily because ESPN can outbid practically any other network or media group for content. The media groups of individual sports leagues like Major League Baseball pose an interesting threat to ESPN. These groups develop their own networks designed to produce content for one sport only, like baseball. They’re capable of offering products that ESPN can’t due to the amount and variation of content that ESPN covers. Fortunately for ESPN, the idea of partnering and revenue sharing is appealing to these networks due to ESPN’s wide audience base. What makes ESPN special is their ability to deliver a set of experiences that other networks cannot compete with. When content becomes homogenous between networks, it’s the availability and delivery of the content that makes a difference, and right now, no one delivers sports news like ESPN. In today’s media landscape, it’s extremely difficult to dominate a market. It’s difficult to even stay solvent for many news organizations. Bankruptcy, or the threat of bankruptcy, haunts just about every major newspaper in the country, including the Chicago Tribune, who filed for Chapter 11 at the end of 2008. Broadcast audiences in most large cities are divided up among the big network affiliates like ABC, NBC and FOX, and magazine subscriptions and revenues continue to decline. Despite uncertain times, one media group maintains a monopoly on their market. Often referred to as a â€Å"cartel,† Entertainment and Sports Programming Network (ESPN) has dominated the sports media industry across multiple platforms for decades. Seemingly always multiple steps ahead of their largest competitors, CBS and NBC Sports, ESPN has developed mobile apps, a network of television channels, a documentary series and other original content that simply overwhelms their audience. Being the â€Å"Worldwide Leader in Sports† comes with its criticisms, of course. ESPN is often accused of biased reporting and engaging in conflicts of interest, notably, their development of the Longhorn Network with the University of Texas. Regardless, consumers turn to ESPN for sports news and content. In their mission statement, they say they endeavor â€Å"To serve sports fans wherever sports are watched, listened to, discussed, debated, read about or played,† and that â€Å"People are our most valuable resource, and care and respect for employees and each other will always be at the heart of our operations. † ESPN is in the unique position of being the people’s champion of the sports media landscape. Since its inception in September of 1979, ESPN has appealed to consumers on a more conversational, personable level than most other sports outlets or media organizations. The network has developed personalities like Chris â€Å"Boomer† Berman and Stuart Scott who involve their audience by combining references to pop-culture with sports. As a result, ESPN has developed as an incredibly strong brand, known for being â€Å"cool. † Competitors like CBS and NBC Sports are certainly well established brands of their own, but their brands aren’t as â€Å"hip† as ESPN. By generating cross-platform content with ESPN the Magazine, ESPN. com and the more recent ESPN ScoreCenter mobile app, ESPN has carved up the sports media landscape to their liking, dictating how information is disseminated. While ESPN has done an amazing job up until now, they face the danger of losing specialized audiences to channels like the MLB Network and NFL Network who siphon off consumers with very specific sports interests. With companies like Major League Baseball Advanced Media (BAM) pioneering new applications like â€Å"MLB at Bat† and inking new television deals that revolutionize the way baseball fans follow the national pastime, ESPN has to be concerned. It’s unlikely ESPN will ever lose all of their broadcasting rights to MLB games, their audience is just too large, but once more baseball fans realize their interests might be better served with MLB. om and the MLB Network, ESPN could see declines in ratings and viewership to programming like. Sunday Night Baseball. In order to prevent that, ESPN has to consider mergers and collaborations. While the MLB might not be interested, yet, ESPN has already reached out to the NFL Network about the possibility of combining their ESPN Classics channel with the NFL Network. By doing so, the long arm of ESPN could bolster viewership and the specialized content of the NFL Network could expand advertising revenues. Whether a similar deal could be made with the MLB Network, which, as the MLBAM case study stated, â€Å"is the gold standard among sports leagues,† is uncertain, but often these specialized networks see themselves as broadcast partners, not competitors of ESPN. By Harold Vogel’s own definition in his text Entertainment Industry Economics: A Guide for Financial Analysis, ESPN is a monopoly. There are no close substitutes for their output, they set prices, and there are barriers that prevent potential competitors from entering the market. In an article that appeared in the Sports Business Journal Daily in 2009 entitled â€Å"Industry wonders who will challenge ESPN,† staff writer John Ourand says that if a competitor were to emerge, they would have to do it between 2011 and 2014, when many of the major sports leagues TV deals expire. Regardless of expiration dates, ESPN is capable of outbidding just about anyone when it comes to content packages. They outbid FOX by $100 million in 2009 to secure the rights to the College Football Bowl Series through 2014. ESPN’s foothold on the sports media landscape is intimidating. Effectively, ESPN has constructed barriers to entry because no one is capable of competing with them on the same level across multiple platforms. Additionally, they’re usually willing to share revenues with other networks if it means increased viewership on their own channels. Vogel defines entertainment as that which produces a pleasurable and satisfying experience and cites Becker (1965) and DeSerpa (1971) for suggesting that the demand for leisure is affected in a complicated way by the cost of time both to produce and to consume. ESPN does a marvelous job maximizing the return on the amount of time spent consuming their products. It takes a mere moment to absorb the final score of the Chicago Bulls game via the ScoreCenter app. It takes just minutes to read an article about the game on ESPN. com and a consumer can spend upwards of thirty minutes watching SportsCenter where they can see highlights of the game and hear an analysis of it. In chapter two of Vogel’s text, it is explained that distribution power trumps control of content: â€Å"The best content in the world is not worth nything if it cannot be made readily available to audiences. † So, what is the result of the strongest distribution power and the best content in the world? The result is ESPN, a monopoly. The breakdown of gatekeeping that has affected so many media companies hasn’t resulted in a loss of control or profitability for ESPN. Instead, ESPN has embraced the greater empowerment of the user that Vogel’s speaks of. Increased â€Å"participation, engagement, connectivity, customization, personalization and collaboration† between users and the content ESPN creates has actually helped ESPN maintain and grow their audience. Viewers now send in videos to SportsCenter that are considered for segments like the â€Å"Top 10† and the â€Å"Not Top 10,† which highlight the best and worst of the week in sports. SportsCenter, ESPN. com and some of their original programming like SportsNation rely heavily on audience polls. SportsNation, in particular, is a program almost completely dedicated to polling fans about topics like the best slam dunks, touchdowns, even the best athlete’s beard (James Harden, Oklahoma City Thunder). By engaging their viewers, ESPN continues to improve the user experience, which Vogel explains is what media companies are actually selling, a set of experiences. Fantasy sports are another experience ESPN is trying to sell. ESPN’s biggest competitor in the fantasy sports market is Yahoo!. It is one frontier where ESPN hasn’t completely dominated, but that doesn’t mean they’re not trying. Fantasy Sports are now incorporated into their original programming, giving the average player insights as to who to â€Å"start† and who to â€Å"bench† for a particular game. It’s just one more way for ESPN to engage their audience and diversify the digital distribution of their products. I think ESPN is an exemplary media content producer. In fact, I aspire to work for them one day. I acknowledge the potential issues associated with being considered a â€Å"cartel,† but I subscribe to the notion that if you can’t beat them, join them. I’m not entirely convinced of their biased reporting, either. ESPN employs a diverse variety of reporters who frequently disagree with one another. Additionally, they have provided a platform for female reporters pioneering their way into sports journalism. The latest irritations from viewers revolve around over-reporting of certain topics, like Tim Tebow and Jeremy Lin. I personally don’t mind. ESPN does an excellent job engaging their viewers, diversifying content across multiple platforms, and embracing and monetizing digital distribution of information. I do think a competitor or two will come along in the near future, but I don’t think the downfall of ESPN is in anywhere in sight. Viewers love ESPN because it feels like home, and no one is ready to move just yet.

Discuss the presentation of Curleys Wife Essay

      The dog comes to represent Candy’s precarious situation as an elderly and increasingly unwanted part of society. He sees the dog as foreshadowing of his eventual fate when he grows too old to work. He is afraid of being cast out as a nuisance, unworthy of life or protection and despised by the younger generation. His proposal of giving all his money in exchange for a place on George and Lennie’s planned farm is a marker of his desperate situation. The prospective of leaving the farm briefly endows Candy with the confidence to stand up to Curley’s wife after she threatens Crooks. This suggestion of bravery and friendship is indicative of the type of man Candy would be if not for his loneliness, which has crippled his self-belief and has left him near destitute and subservient. The above characters demonstrate the pitfalls of loneliness, and the dangers it poses to people and their well-being. In contrast to this George and Lennie, through a mutually beneficial relationship, are able to deflect the negative attributes of their solitary professions by travelling together (â€Å"I got you.. and you got me†). Most people have needs that require social interaction with people, something which George and Lennie are able to achieve through their mutual friendship, in spit of their hard living conditions. This enables them to function in a more stable and happier way. Their stability stems from a mutual dream of their own farm (â€Å"We got a future†); a dream that sustains them throughout their journeying, and as a result they’re not aimless like so many of the other workers in their situation who squander their monthly pay packets on alcohol, gambling and female company. This is in contrast to other itinerant workers, whose lives do not depend upon anyone, and so nobody depends on them. The memory of a former occupant of the bunkhouse, who â€Å"upped and quit, the way a guy will† represents those who are resigned to their situation, and demonstrates the desultory manner in which they lead their lives. Lennie and George enjoy a symbiotic relationship in which each is able to obtain something from the other. From Lennie, George acquires an emotional baseline which enables him to better assert himself, as well as a responsibility and duty towards others. George is aware of a meanness in himself (â€Å"a real smart guy†¦ ain’t hardly ever a nice fella'†), but through looking after Lennie he pacifies his character (â€Å"well, I ain’t done nothing like that no more†). From George, Lennie acquires a carer and sense of purpose through their shared dream of buying a farm. The stability George is afforded from Lennie gives him the ability to stand up for people without fear of reproductions, because he has protection in the form of Lennie, and even if he were to be sent away he wouldn’t be alone. His behaviour was calm but unwavering when he confronted Curley and Curley’s wife. His compassionate nature is shown when he tries to change the subject in the bunkhouse when his cohabitants are pressuring Candy to kill his dog (â€Å"I seen a guy in Weed that had an Airedale could heard sheep†), but Carlson recognises this attempt and was â€Å"was not to be put off†. Candy recognises this moral integrity in George and so decides to trust him with his money and enter into a partnership with him and Lennie and buy a farm. Because of the proposed partnership with Candy they do, briefly, have a chance of realising their dream. Steinbeck here demonstrates that trust in people is required in order to achieve your dreams. After George kills Lennie he chooses not to buy and live on his own farm with Candy as a form of self-punishment, (â€Å"I’ll work my month†¦ an’ I’ll stay all night in some lousy cat house†). George now accepts that without Lennie his dream of owning a farm is dead, so chooses to face a life of cruel loneliness as a normal itinerant worker with no goals or aspirations other than to numb the pain of existence. In conclusion Steinbeck continually uses characters that, in the context of their society, live with prior afflictions (such as skin colour, infirmity, mental ability, and even gender) which hinder them from functioning in society as isolated individuals, so must form alliances and partnerships to enable them to survive. This element of symbiosis stems from the environment in which they exist, where a man is only as powerful as his ability to work. He attacks the capitalist system in which people are regarded as labour and not given the rights or freedoms to enable them to put down roots and start families. His criticism of the American Dream of hard work promising prosperity and success, and a compassionate look at its victims, are core themes throughout the book. The lack of social security and level of expectation upon the individual to support themselves, or else face starvation, forces people like Lennie into work to survive, even if they’re danger to themselves or others. The inevitable tragedy was Lennie’s slowness being kept secret from Lennie’s wife, who unknowingly set the tragedy in motion. Steinbeck tells us the only way to improve things is to enable trust and openness in the workforce, and that this depends on workers rights and freedoms being protected. Though the enabling of trust and openness in the workplace, people would be empowered to work from a position of strength rather than need, vulnerability and defensiveness; and with loneliness reduced as a consequence life would improve for everyone. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE John Steinbeck section.