Case Brief - 1502 Words

I: Elements of the crime Mr. Jeffrey Skilling was one of three executives at Enron Corporation that were indicted for manipulating financials to show the public inflated numbers about Enron’s profitability. By showing these numbers to the public they were trying to mislead the public into thinking the company was more profitable than it really was. Mr. Jeffrey Skilling was convicted by a Texas federal district court of conspiracy, securities fraud, making false representations to auditors, and insider trading. Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. II. Defenses claimed by the defense Criminal†¦show more content†¦Mr. Skilling had been the C.E.O. of Enron Corp. Mr. Skilling appealed, he argued he was prosecuted by the government under an invalid legal theory and that the jury he had was biased. III. Issues Mr. Skilling argued that voir dire lasted only five hours and did not sufficiently question jurors. This argument from Mr. Skilling failed because the record from the court showed that voir dire was completed properly. Mr. Skilling also argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the crime and media coverage. I also believe that Skilling’s jury acquitted him of several charges, due to this face I believe that it is very unlikely that there was any juror prejudice. Even though the media coverage of Skilling seems to all be positive, I do not believe that it was not to the necessary level to show that there would be juror prejudice. Due to all of these reasons, I do not believe that the district court made any errors by denying Skilling’s request for a venue change. IV. Holding (the final decision) Mr. Skilling moved to have his trial transferredShow MoreRelatedCase Brief : Nalwa V. Cedar Fair1681 Words   |  7 PagesCASE BRIEF PAPER: NALWA V. CEDAR FAIR, L.P. The Court Opinion A published court opinion is the explanation of a court s judgment on the outcome of a particular court case. A published court opinion can include a judge’s opinion when the trial court judgment is appealed to the court of appeals. The judge’s opinion typically consists of case precedents, fact analysis, applicable law and the arguments of the attorneys for the parties. 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Mental Illness Mental Health Illness - 2108 Words

According to Merriam-Webster, mental health illness is described as a broad range of medical conditions (such as major depression, schizophrenia, obsessive compulsive disorder, or panic disorder) that are marked primarily by sufficient disorganization of personality, mind, or emotions to impair normal psychological functioning and cause noticeable grief or disability and that are usually related with a disruption in standard judgement, feeling, mood, behavior, interpersonal interactions, or daily functioning. Mental health is described as a level of psychological comfort, or the absence of a mental illness. It is the psychological state of someone who is functioning at a satisfactory level of emotional and behavioral adjustment from the perspective of positive psychology or holism, mental health may include an person s capability to enjoy life, and produce stability connecting life activities and efforts to achieve psychological resilience. 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Preparing a Presentation for Senior Management

Question: Case study about the preparing a presentation for senior management. Answer: Preparing a presentation for senior management Research findings- The outcome of the research indicate that organization in every industry need to develop and evaluate the HR functions to build healthy workplace that contributes to organizational development. There have been many cases where the organizations due to poor strategies and plans failed to achieve organizational goals and the observed a high turnover rate. The human resource management of the organization should have the ability to have control over all these aspects. The research findings also indicate that global trends have facilitated the ways developing organizational culture and human resource management. A majority of the success of the organization could depend on human research. There have been multiple functions associated with the humane source. Thus, evaluation of each of the aspect brings success to the organization. For example, the organization JKL needs to develop the strategic plans to deal with the internal challenges in the organization. In addition , JKL also needs to provide required benefits to its employees. The organization could develop reward and recognition programs for the employees. Reviewing of adequacy and effectiveness of JKL HR functions The current HR functions implemented by JKL are effective and they are aligned with organizational goals and objectives. The change management policy applied by the organization could help to achieve the expected goals and objectives. In addition, the policies are developed to provide optimal facilities to the employees. Three recommendations for improvement of HR functions Considering Vision In order to develop current HR functions, the organization needs pay attention to its strategic vision. The company needs to develop strategic vision for the overall development of other organization. It is observed that effective human resource strategies may not survive in a vacuum. In order to maximize the productivity, the strategies should be aligned with organizations strategic vision. Develop employee handbook- All organization needs to have an employee handbook. It is observed that employee handbook provides information on organizational policies benefits and procedures. In addition, it outlines human resource and management and helps the employees to understand organizational expectation. Provide appropriate training and development programs- While recruiting new people for the vacant position, the organization looks for highly skilled employees. However, it is important for the recruiters to develop; the guidelines techniques for the process. The guidelines should have followed at the time hiring new people for the positions. Nevertheless, the recruiting new people is not the end of the procedures; the human resource management needs to provide adequate training and development programs to employees. The employees should be provided with proper training; thus, they could perform well and increase productivity of the organization. There are some cases where the newly recruited people lack behind due to lack of knowledge. They find it difficult to adapt to the new environment. Therefore, in such a case training helps the employees to cope up with the new environment. In addition, at the time implementing change in the organization, the employees faces certain internal issues. For example, new job role could appear to be difficult to the employees. By providing training to employees, these issues can be resolved effectively. Reference List: Rondinelli, D.A., 2013.Development projects as policy experiments: An adaptive approach to development administration. Routledge. Akingbola, K., 2013. A model of strategic nonprofit human resource management.Voluntas: International Journal of Voluntary and Nonprofit Organizations,24(1), pp.214-240. Renwick, D.W., Redman, T. and Maguire, S., 2013. Green human resource management: a review and research agenda*.International Journal of Management Reviews,15(1), pp.1-14.

Institutions and Politics

Introduction Politics is an integral aspect of every community in the contemporary world. It helps communities to determine the system of governance that suits their needs. Additionally, it helps communities to regulate their governments in order to achieve social, political, and economic objectives.Advertising We will write a custom essay sample on Institutions and Politics specifically for you for only $16.05 $11/page Learn More Generally, engaging in politics involves articulating the governance issues that a country is grappling with (Crick, 2005, pp. 5-11). In this regard, the citizens and their leaders must actively participate in politics. This participation normally occurs through various institutions of politics. The focus of this paper will be the institutions that facilitate politics. In particular, it will answer the question: what sorts of institutions make politics successful? The answer to this question will be based on the premise that th e efficacy of governance and politics depends on the quality of political institutions. The first part of the paper will define political institutions and various concepts of governance. The second part will discuss the roles of the institutions that facilitate politics. This discussion will lead to a conclusion concerning the influence of institutions on the success of politics. Definition of Key Terms Institutions of politics refer to the organizations whose roles include, but not limited to creation and implementation of laws; conflict resolution; formulation and implementation of governmental policies; and representation of the public (Hague Harrop, 2010, pp. 45-67). The main political institutions include the executive, legislature, bureaucracy, experts, political parties, and various types of regimes (governments). The executive is the organ of the government that has the authority and responsibility of executing the administrative functions of the state. The legislature refe rs to a deliberative assembly that normally consists of elected members whose constitutional mandate includes making, amending, and repealing a country’s laws. Concisely, the parliament or the congress is the legislature. Bureaucracy refers to a professional body of skilled officials who serve in the public sector in a non-political capacity. Unlike politicians, bureaucrats are fulltime employees with permanent contracts. Experts are independent intellectuals with vast knowledge in specific fields such as law, political science, and development. These intellectuals are normally the main source of expert opinion. Political parties refer to organizations whose members have the same political ideologies or objectives, and strive to shape public policy by sponsoring the election of a candidate to a public office. The members of these parties include politicians and their followers or supporters. Finally, government or regime refers to the administrative organization that has been empowered to regulate the public affairs of a country. The aforementioned institutions normally collaborate in order to achieve the socio-political objectives of a country.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Roles of Political Institutions Regime Types There are three main functions of the government. First, the government consolidates the funds that are usually spent on basic needs. In this regard, the government uses the consolidated funds to provide services such as healthcare, education, and security among others. Second, the government collects funds from the public and uses them to provide social insurance services. These services include unemployment benefits, food aid, and old age pension. Finally, the government formulates and enforces the laws that guide the relationships between individuals and institutions (Hague Harrop, 2010, pp. 15-22). The aim of this functi on is to promote fairness, equity, and harmony in the society. Executing these functions is a political process that heavily depends on the type of regime that is in charge of a country’s public affairs. In a totalitarian regime, the government has absolute authority over the populace. It controls nearly all aspects of public affairs and the private lives of the citizens. In this regard, a totalitarian regime is a threat to politics because it limits the participation of the public in decision-making. In most cases, a totalitarian regime influences the attitudes, values, and beliefs of the public in order to avert the tensions and dissent that might arise due to government failure. However, this strategy leads to sameness of opinion and infringement of the right to expression, thereby discouraging progressive politics. In an authoritarian regime, power is concentrated in the hands of the ruling elite. The leaders maintain their authority through political repression and sidel ining potential challengers. This discourages political development and achievement of objectives such as transparency, accountability, and fulfilling the needs of the public (Crick, 2005, pp. 10-18). Election rigging is a common characteristic of an authoritarian regime. Furthermore, authoritarian leaders tend to disregard the law and pay little attention to public concerns. Political competition tends to be low or nonexistent in an authoritarian regime because the ruler has an indefinite political tenure. In a constitutional regime, the country’s laws limit the powers of the governors. Generally, the constitution defines the scope of good governance and politics. In this regard, politics is likely to be successful since the constitution protects the citizens’ right to expression and compels the government to execute its mandate. A democratic regime is associated with widespread participation in public affairs. The citizens have the right to choose their leaders and r epresentatives at regular intervals, thereby promoting competitive politics.Advertising We will write a custom essay sample on Institutions and Politics specifically for you for only $16.05 $11/page Learn More Democracy promotes progressive politics because citizens have the right to question their leaders. Besides, the government is accountable to the parliament, which has the authority to accept or reject proposed laws, decisions, and policies. One element of a democratic regime that promotes good politics is protection of civil rights (Crick, 2005, pp. 40-50). In particular, the leaders must operate within the law by making political decisions that conform to the constitution. The state cannot take away the citizens’ rights such as freedom of association, expression, and access to basic services. The politicians too have a right to express their opinions freely, to criticize the government, and to hold their campaigns without intimidation. Hen ce, democratic governments are likely to be more effective than totalitarian and constitutional regimes. Furthermore, a democratic regime provides the best environment for political development. The Executive The executive organizes the structures of authority that facilitate execution of the functions of the government. In most countries, the executive is responsible for the formation of the government by appointing members of the cabinet and holders of key positions in the public sector. The executive also plays an integral role in decision-making by issuing specific and general instructions concerning an existing or an imminent problem (Crick, 2005, pp. 7-17). Other roles of the executive include commanding the armed forces, representing the country in international functions, and pardoning offenders among others. The quality and the characteristics of the executive determine the success of politics. An authoritative executive is likely to discourage political development by excl uding key stakeholders in the decision-making process. In authoritarian regimes, the executives hardly consult the opposition parties on national issues. Additionally, they use their excessive authority and state machinery to avert any form of political opposition. For example, President Mubarak used the emergency law in Egypt to reduce political competition. This law facilitated the detention and torture of anyone who opposed the government. Similarly, President Mursi has since acquired unlimited powers in order to control every aspect of Egyptians’ lives. Even though his performance as the executive falls short of the expectations of his citizens, he continues to use the police force to discourage expression of dissent. Democratic executives usually strive to ensure political inclusion. Furthermore, they have to serve the interest of the polity in order to be reelected. This implies that a democratic executive is likely to promote progressive politics. Charismatic leaders ( executives) usually have great influence on the nature and evolution of politics. These leaders normally enjoy a lot of support in parliament. Hence, their political decisions are likely to sail through the approval process in parliament without much scrutiny. This leads to the adoption of ineffective policies and enforcement of laws that might serve the interest of the executive at the expense of the public (Hague Harrop, 2010, pp. 100-150).Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More In some countries, the executives depend on corruption, as well as, divide and rule tactics to perpetuate their political ideologies and leadership. For example, in most African countries the executives normally appoint politicians to cabinet positions in exchange of unconditional support in parliament and during elections. Hence, progressive politics have little or no chance of success in a regime that is led by a corrupt executive. The Bureaucracy The bureaucracy consists of civil servants whose main responsibility is to implement the decisions of the executive or the government. The roles of the bureaucracy include the following. To begin with, the bureaucracy participates in policy formulation. Traditionally, this function was the sole responsibility of the executive (Hague Harrop, 2010, pp. 30-70). However, in the contemporary society the bureaucracy helps in policy formulation due to two reasons. First, most executives are armatures with little or no technical skills. Consequ ently, they cannot design effective policies on their own. In this regard, the executives have to obtain expert advice from the bureaucracy. Second, the executive and politicians normally entrust the bureaucracy with some aspects of the policy formulation process in order to enhance efficiency. Concisely, seeking help from the bureaucracy helps politicians to save time and resources in the process of policy formulation. The bureaucracy also executes some legislative functions. For example, a department of the government can make sub-laws, but within the scope of existing Acts of Parliament. The roles of the bureaucracy have significant impacts on politics. Concisely, the effectiveness of the bureaucracy in policy formulation and implementation determines the success of political processes such as elections. A bureaucracy whose members possess advanced skills is likely to help the executive to make informed political decisions. One factor that usually leads to government failure is p oliticization of the bureaucracy. In developing countries with poor governance systems, civil servants are usually appointed through nepotism and corruption rather than merit. In this case, the bureaucracy tends to lack the expertise that it needs in order to achieve its mandate. A politicized bureaucracy usually serves the political interests of the executive rather than the public. For instance, the bureaucracy can be instructed by the executive to implement a given development project in order to please the public. However, the project might not be beneficial to the public. A malpractice of this nature normally prompts political activism and debate among opposition leaders in a democratic regime (Crick, 2005, pp. 40-52). However, the opposition leaders in a totalitarian regime might not question such malpractices for fear of political repressions. One of the major strengths of the bureaucracy is that its members have permanent employment contracts. This ensures continuity in the implementation of policies. For example, the bureaucracy often continues to run the government after the dissolution of the parliament and the cabinet, thereby sustaining on-going political processes. In this regard, it ensures that newly elected regimes adopt the policies of their predecessors. Nonetheless, the bureaucracy cannot succeed without the support of the politicians. This is because its members are not elected. Thus, they are hardly aware of the needs and aspirations of the public. The legislature The legislature is one of the most important institutions since it facilitates politics at the grassroots and the national level. The first role of the legislature is to represent the public. Hence, the public channels its complaints and concerns to the government through this institution. The legislature is the best political institution for articulating the concerns of the public because of its diverse membership. The second role of the legislature is making laws. This role is important because it facilitates adoption of laws that encourage healthy politics and fulfillment of the citizens’ needs (Hague Harrop, 2010, pp. 160-200). Finally, the legislature provides oversight on the operations of the government. This involves monitoring the operations of the executive for efficiency, integrity, and commitment. The ability of the legislature to promote political development depends on the following factors. First, the formal powers of the legislature determine the extent to which it can facilitate politics. A legislature with an absolute authority to enact laws directly is likely to facilitate progressive politics. On the contrary, the success of politics is limited in a regime whose legislature is controlled by the executive. In this case, the legislature will merely act as a rubber stamp whose responsibility is to endorse decisions or choices made by various arms of the government. Second, the capacity of the legislature to use its formal powers de termines its contribution to politics. The legislature is likely to promote political development if its members have the capacity to manage parliamentary activities such as scheduling debates and drafting laws. The effectiveness of parliamentary committees, availability of expertise and members’ ability to make decisions also determine the extent to which the legislature contributes to politics. In weak democracies, parliamentary committees tend to be ineffective since the members lack the technical skills that are necessary in decision-making. In some cases, the committee members accept bribes in order to support or reject certain policies and recommendations. Third, the available political space determines the effectiveness of the legislature. Authoritarian regimes provide little political space, thereby jeopardizing the legislature’s efforts to perform its oversight and lawmaking functions. A democratic system usually provides adequate political space (Crick, 2005, pp. 41-50). This enables the legislature to be very assertive and independent. The resulting improvement in the effectiveness of the legislature facilitates political processes such as policy formulation, lawmaking, and articulation of the citizens’ problems. The Experts In modern democracies, experts operate as independent political actors. They work in collaboration with civil societies, interest groups, and social movements among others. Experts are think tanks whose main role is to help the government to make sound decisions (Crick, 2005, pp. 19-36). They participate in policy formulation by providing expert advice on technical issues. For example, most countries usually hire independent consultants to spearhead the process of drafting new constitutions. Experts also play an important role in the provision of civic education and articulation of social and political problems. In this regard, they discuss the issues that the country is grappling with and present policy rec ommendations to the government for action. The quality of the experts in terms of their skills and knowledge determines the extent to which they can influence politics. Possession of adequate skills and knowledge enables the experts to make positive contributions to political development. The capacity of the experts to utilize their skills and knowledge is also important. Experts who are empowered to express their opinions without fear of political repression normally improve the politics of their country. Concisely, they generate new political ideas and empower their fellow citizens to focus on progressive politics. Political Parties A well functioning political system must have effective parties. In the contemporary society, availability of adequate political parties is a necessary requirement for the formation of a democratic system of governance (Crick, 2005, pp. 40-50). The parties mobilize the citizens and facilitate their participation in political processes. In this regard, they socialize and educate the electorate on issues such as the functioning of the electoral system. They also obtain opinions from the public and channel it to the government. In most cases, the political parties aggregate and articulate the concerns of their members before contacting the government for help. Finally, political parties recruit and train candidates who compete for elective positions in general elections. A political party can only perform these functions if it has effective organizational structures. The party must have different levels of management that are responsible for the execution of various tasks. The party can only make meaningful contributions to politics if its leaders are able to create and implement effective manifestos. It is apparent that parties with corrupt leaders cannot encourage progressive politics. The party must have adequate funds in order to make positive contributions in politics. For example, parties cannot sponsor political campaigns and voter education if they have inadequate funds. Conclusion Politics is facilitated by various institutions, which include the executive, legislature, bureaucracy, experts, and political parties among others (Crick, 2005, pp. 5-16). Each of these institutions focuses on specific aspects of various political processes. For example, the executive formulates policies, whereas the legislature provides oversight on the implementation process. The effectiveness of these institutions is determined by their qualities. These qualities include the integrity of the members, the capacity of the institution to execute its mandate, availability of resources, and the vision of the institution among others. The existence of these qualities enables an institution to make positive contributions to political development. This leads to the conclusion that the efficacy of governance and politics depends on the quality of political institutions. References Crick, B. (2005). In Defence of Politics. London: Continuum. Hague, R., Harrop, M. (2010). Political Science: A Comparative Introduction. New York: Palgrave Macmillan. This essay on Institutions and Politics was written and submitted by user Gavyn Meadows 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.