Friday, December 13, 2019

Defense of Marriage Act Free Essays

In 1996, Congress enacted the Defense of Marriage Act (â€Å"DOMA†), which added the following definition to the United States Code: â€Å"†¦[T]he word â€Å"marriage† means only a legal union between one man and one woman as husband and wife, and the word â€Å"spouse† refers only to a person of the opposite sex who is a husband or a wife. † (Defense of Marriage Act sec. 3). We will write a custom essay sample on Defense of Marriage Act or any similar topic only for you Order Now Since the enactment of DOMA, however, five states (Iowa, New Hampshire, Connecticut, Vermont and Massachusetts) have come in direct conflict with the law by conferring full legal status to same-sex marriages. Thus, a same-sex couple may be legally married in their state of residence but would not be recognized as such under federal law. The Supreme Court, in light of its own binding precedent, must recognize that marriage, is a constitutionally-guaranteed, fundamental right of all citizens. Because DOMA interferes with such rights, it must be overturned as unconstitutional, and the federal government must recognize same-sex marriages performed legally in states where such marriages are permitted. In a landmark post-DOMA case, the Supreme Court overturned its earlier decision in Bowers v. Hardwick, and held that state anti-sodomy laws restricting consensual sexual behavior between adults, same-sex or otherwise, were unconstitutional (Lawrence v. Texas 558). The Court held â€Å"†¦that our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education†¦. Persons in a homosexual relationship may seek autonomy [in making these choices]†¦ just as heterosexual persons do† (Lawrence v. Texas 574). States’ ability to define or limit marriage is further diluted by the equal protection doctrine. The right to marry is fundamental and, as such, cannot be defined so as to apply to citizens on an unequal basis or on the basis of classification. The equal protection doctrine is derived from the Fourteenth Amendment of the Constitution, which provides that no citizen of the United States or any state shall be denied â€Å"equal protection of the laws† (U. S. Constitution, amend. 14, sec. 1). Prior to 1996, the Supreme Court’s equal protection decisions progressively made strides toward greater personal freedoms and greater recognition of the fundamental rights of individuals. By defining marriage solely as a relationship between a man and a woman, Congress attempted to slam the door on decades of Supreme Court jurisprudence. The Supreme Court famously addressed the right to marry as a matter of equal protection in the 1967 decision of Loving v. Virginia. Striking down anti-miscegenation statutes in more than 20 states, the court held â€Å"[t]here can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the equal protection clause† (Loving v. Virginia 12). The Supreme Court has also recognized the right of prison inmates to marry (Turner v. Safley, 78). In so doing, the court addressed specifically whether the inability to consummate a marriage affects the constitutional protection afforded such a relationship. In her opinion for the court, Justice O’Connor wrote: â€Å"Many important attributes of marriage remain, however, after taking into account the limitations imposed by prison life†¦. [M]arriages†¦are expressions of emotional support and public commitment†¦hav[e] spiritual significance†¦ [and] [f]inally, marital status often is a precondition to the receipt of government benefits (e. g. , Social Security benefits), property rights (e. g. , tenancy by the entirety, inheritance rights), and other, less tangible benefits†¦. These incidents of marriage, like the religious and personal aspects of the marriage commitment, are unaffected by the fact of confinement or the pursuit of legitimate corrections goals. † (Turner v. Safley 95-96) All the minimal hallmarks of marriage enumerated by the Court in Turner can exist in a legal same-sex marriage; with the sole exception of the couple’s ability to obtain the federal government benefits denied them by DOMA. In a case that perhaps best encapsulates the Supreme Court’s belief in the breadth of the right to marry, the Court addressed a Wisconsin law that prevented people with child-support arrearages from marrying. (Zablocki v. Redhail, 434 U. S. 374 (1978)). In holding the law unconstitutional, the court stated that â€Å"[a]lthough Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals† (Zablocki v. Redhail 384). If marriage is a right of â€Å"fundamental importance for all individuals,† (Id. ) it is necessarily a fundamental right for homosexual men and women. In conclusion, the Defense of Marriage Act and the federal government’s failure to recognize legal same-sex marriages are unconstitutional. DOMA illegally interferes with the fundamental right of homosexual individuals to choose whom they wish to marry. The United States was undergoing a major conservative revolution at the time DOMA was passed. The times have changed. As Justice Kennedy wrote in 2003, seven years after DOMA was enacted, â€Å"†¦[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom† (Lawrence v. Texas, 579). It is time for the Supreme Court of this generation to lift the oppression of DOMA and require the federal government to recognize legal same-sex marriages. Works Cited Defense of Marriage Act, U. S. Statutes at Large 2419 (1996): sec. 3. Desylva v. Ballentine, 351 U. S. 570 (1956). Lawrence v. Texas, 539 U. S. 558 (2003). Loving v. Virginia, 388 U. S. 1, 12 (1967). Turner v. Safley, 482 U. S. 78 (1987). Zablocki v. Redhail, 434 U. S. 374 (1978). How to cite Defense of Marriage Act, Papers

Thursday, December 5, 2019

Common Wealth Bank Text Message Scam†MyAssignmenthelp.com

Question: Discuss about theCommon Wealth Bank Text Message Scam. Answer: Introduction Common wealth Bank of Australia has in the recent years been faced with test message scam that is predicted to increase in the next decade. Text message scams are complicated messages that appear to be real or like the standard message from the bank that manipulates a customer to undertake a certain decision (Kilk, 2007). The text message scams are sent to the client mobile phone by a fraudster whose aim is steal money from the accounts. The text message on the clients phone come on the same number and thread as if genuinely sent by the bank. Fraudsters are criminals who aim to steal from customers by using misleading information. The text messages scam fraudsters are facilitated by advanced informational technologies that enable them access information (Ramsey, Bapna, 2016). The IT has also enabled fraudsters to create false that can be socially acceptable and commit consumer financial fraud. The advancement in technology and free transfer of knowledge has continually led to frauds ters hiring specialist to exploit uncovered knowledge to creating tactics to commit crime through technology. The dynamism of globalization has also contributed to increased bank fraudsters who are able to operate in new ways to match global technological criminal trends. Globalization is the integration of the world economy as a result of reduced barriers and advanced technology (Nikiforova, W. Gregory, 2013). The world has been interconnected to be a global village. Information technologies has enables people around the globe to interact freely through the internet and telephone calls and messages to transact businesses. Dynamism of globalization refers to the positive and negative impacts of globalization. Positive dynamism of globalization is benefits that organizations get from the interconnection and integration of the world community. These include access to information, large customer base, and access to variety of products and services and resources. Negative dynamism of g lobalization is demerits that organizational and people face as a result of integrated economics and integration of the global community. These include cyber crime, hoax emails, scam information, computer virus, and national security (Chambers-Jones, 2012). The following executive report will assess the impact and identify critical issues arising as a result of scam text messages in the Common Wealth Bank. The situation will be addressed in globalization contextual. The report will also recommend appropriate measures to the Company management to ensure the organizational performance is not negatively affected. Impact of Text Messages Scam on Common Wealth Bank The text messages scam have an impact both to Common Wealth Bank as an organization and the global customers it offers it services to. The following are the impacts of text messages scam; First, the scam messages fraud banks customers. The scam text messages manipulate customers to think in a certain way making wrong decisions about their accounts. The fraudsters ask for customers usernames, passwords and secrets codes. These details are used transfers money from the victims account to another anonymous account. The fraudsters are able to transfer money without being noticed and cannot be noticed. This is as a result of globalization where they can be located anywhere around the globe. Globalization has also integrated the banking system and the fraudsters can easily transfer money from the victims account to another bank without limitations or questioning (Manjusha Goel, 2012). The fraudsters also have ability to hide their identity or use robots to avoid being arrested. This lead to customers money being stolen from their bank accounts. Secondly, text message scam lead to customer losing confidence with the bank. Customers feel frustrated with fraudster messages that mislead them. Customers fear to lose their money while on their banks account. The loss of confidence in banks ability to secure their money leads to massive transfer to other banks that can guarantee customer confidence (Hollow, 2014). Customers are able to access many banks for both current and saving accounts around the globe. Globalizations allow customers to transfer and open account with different banks around the globe. The customers will choose to bank with institutions that can safeguard their money away from fraudsters. This will lead to bank liquidity decreasing. Third, text messages scam can con the bank accounts leading to bankruptcy of the bank and members. Scam messages can transfer adequate amount from the customers accounts leading to bankruptcy of the customers and consequently the whole bank (Gupta, Sharman, 2009). This can happen when the fraudsters are able to anonymously transfers adequate amount of fund to other national or international accounts emptying the banks accounts. This situation can lead to customers of the bank being declared bankrupt and subsequently the bank. Another impact of text message scam is ruining the reputation of the bank. The scam messages lead to conning of customers and bankruptcy that ruin the banks reputation. Existing customers start opening accounts elsewhere to safeguard their money. Potential customers also fail to open accounts with the bank. The bank bad reputation is easily ruined around the globe. With the advancement in information technology, people in different geographical locations get the news about the bank and result in avoiding it services (Khrais, 2015). The banks reputation that has been established for many years is ruined within days due to global interactions. Lastly, the text message scam can change customers attitude to banking technology. Banking technology is an important tool to delivering quality services to customers. The customers experiencing test scam can change their attitude due to past experience of being conned. This leads to customers changing their attitude towards banking technology and failing to adopt new advancements or updates to enhance the banking services. The customers stop trusting messages sent by the bank making communication between the bank and the customers difficult. Critical Issues of Text Messages Scam Scam messages lead to critical issues in the organizations. The critical issues on common Wealth Bank as a result of text messages scam are as follows; First, the text messages scam are capable of losing the banks customers. The text message scam ruined the banks reputations and lowered the level of customers confidence. Customers feel that there is general incapability of the bank to secure their money and there can opt to leave the institution to another bank perceived safer (Behr, Gttler, 2008). Loss of customer is a critical issue to the development and growth of the institution. Loss of customers also is likely to reduce the returns to the owners of the banks. Secondly, the bank profits are likely to reduce. The impact of the fraud in the customers account is likely to reduce customers activities on their account (Bakare, 2015). This is as a result of loss of confidence and trust with the information technology system of the bank. This means that customers will avoid transacting through their online accounts. This will lead to reduced services that the bank will be offering to its customers. This factor will reduce the profits that the Bank has been getting leading to reduced return to the shareholders. The bank will also be unable to finance it projects and settle its obligations as they fall due. Third, the bank will face possible prosecution by the authority. The bank is likely to be sued for its inability to safeguard the clients account and ensure effective communication. The bank has a duty of care of protecting customers money and ensuring credibility of the information disseminated to custo0mers regarding their accounts. It the responsibility of the bank to ensuring customers money is secure for the duration deposited to withdraw. Therefore, the, the customers holding accounts in the bank who have be fraud by fraudsters will sue the institution demanding refund or explanation about their loss. The bank can also be suspended from the global interconnections that it is engaged on (Ghosh, 2016). This situation will put the bank in a compromising situation whose consequences can be adverse. Fourth the banks customers can develop resistance to future changes or advancement in technology. The text message scam can lead to clients of the bank developing phobia about the IT system on the basis of inability to safeguard their funds. This entails that they will not cooperate in adopting future developments that the bank is pursuing to ensuring quality banking serirve delivery. This means that the business will have to invest more resources to institute changes when need be. Another critical issue as a result of text message scam on Common Wealth Bank is closure of the bank. Fraud to customers, loss of reputation, low profits, and bankruptcy can lead to the organizations being closed down. This closure would be as a result of general inability to safeguard stakeholders interests. This is the extreme case of the scam occurring on the institution. Recommendation to Enhance Organizational Performance From the analysis of the text message scam impact and critical issues on Common Wealth Bank, we recommend the following; First, the Bank should establish a monitoring system. Establishing a monitoring system will offer surveillance of the banks IT system. The surveillance will ensure the suspicious actions are detected and reported. The bank will also be able to keep track of the individuals historical transactions and act on urgency in case there are suspicious activities on an individual account or group (Silva, 2008). Secondly, the Bank should continuously update the IT system to accommodate new developments. Updating system will incorporate new knowledge in software applications development to enhance security of the information stored in the system. The fraudsters will not be able to use new knowledge and skills to take advantage of the Banks IT system to leak information to manipulate customers. Updating the IT system will also enable the bank restore and guarantee customers confidence of the banking system to safeguard their wealth. Third the bank should create awareness about the fraudster practices in the banking sector. The Bank should invest in educating it customers about the fraudsters tricks to fraud their account. Impacting customers with knowledge about fraudsters will enable them to protect their important details that are target by criminals. This awareness will also enable the customers report fraudsters to the bank and the authority for further action. Lastly, the Bank should integrate it communication and activities with other banks to fight crime against customer fraud. The bank should stand by defining and availing contacts that are to be used to communicate with customers when need be. The telephone numbers should be complimented by an email to. This will ensure verification of the communication and the message intended. The Bank should also interconnect it system with other institutions in the banking sector to track, fight, and eradicate fraudster around the globe (Tsai, 2016). This will ensure fraudsters are tamed or the money stolen can be retrieved and returned to customers. Conclusion Text messages scam can affect the organizational performance if not addressed. They have several impacts to customers and the institution in global context. Text scams cause conning of money that are anonymous, loss of confidence from the service provided and customers shifting from the bank. Text messages scam also cause bankruptcy of both customers and the bank leading to loss institution reputation. Text messages lead to the Bank losing it customers, decline in profitability, possible prosecution, and likely closure of the bank. Following assessment of impacts and identification of critical issue in Common Wealth Bank text message scam, we have recommended that the Bank should monitor, create awareness to customers, update IT system and interconnect it system in order to avoid customer being fraud and enhance organizational performance. Therefore, the Bank should adopt the recommendations of this report to reduce scam impact and avoid critical issues that can lead to organizationa l failure. References Bakare, S. (2015). Varying Impacts of Electronic Banking on the Banking Industry. The Journal Of Internet Banking And Commerce, 20(2). https://dx.doi.org/10.4172/1204-5357.1000111 Behr, P., Gttler, A. (2008). The informational content of unsolicited ratings. Journal Of Banking Finance, 32(4), 587-599. https://dx.doi.org/10.1016/j.jbankfin.2007.04.021 Chambers-Jones, C. (2012). Virtual economies and financial crime (1st ed.). Cheltenham: Edward Elgar Publishing. Ghosh, A. (2016). Banking sector globalization and bank performance: A comparative analysis of low income countries with emerging markets and advanced economies. Review Of Development Finance, 6(1), 58-70. https://dx.doi.org/10.1016/j.rdf.2016.05.003 Ghosh, A. (2016). How does banking sector globalization affect banking crisis?. Journal Of Financial Stability, 25, 70-82. https://dx.doi.org/10.1016/j.jfs.2016.07.003 Gupta, M., Sharman, R. (2009). Handbook of research on social and organizational liabilities in information security (1st ed.). Hershey, Pa.: IGI Global (701 E. Chocolate Avenue, Hershey, Pennsylvania, 17033, USA). Hoax Email Alert - Commonwealth Bank Group. (2017). Commbank.com.au. Retrieved 24 May 2017, from https://www.commbank.com.au/news/netbank-news-30.html Hollow, M. (2014). Money, morals and motives. Journal Of Financial Crime, 21(2), 174-190. https://dx.doi.org/10.1108/jfc-02-2013-0010 Khrais, L. (2015). Highlighting the Vulnerabilities of Online Banking System. The Journal Of Internet Banking And Commerce, 20(3). https://dx.doi.org/10.4172/1204-5357.1000120 Kilk, J. (2007). Scams swindles (1st ed.). Los Angeles, CA: Silver Lake. Manjusha Goel, M. (2012). Impact of Technology on Banking Sector in India. International Journal Of Scientific Research, 2(5), 380-383. https://dx.doi.org/10.15373/22778179/may2013/130 Nikiforova, B., W. Gregory, D. (2013). Globalization of trust and internet confidence emails. Journal Of Financial Crime, 20(4), 393-405. https://dx.doi.org/10.1108/jfc-05-2013-0038 Ramsey, G., Bapna, S. (2016). Text Mining to Identify Customers Likely to Respond to Cross-Selling Campaigns:. International Journal Of Business Analytics, 3(2), 33-49. https://dx.doi.org/10.4018/ijban.2016040102 Silva, H. (2008). The role of domestic shell companies in financial crime and money laundering (1st ed.). [Washington, D.C.]: Financial Crimes Enforcement Network. Tsai, E. (2016). Corporate Governance and Globalization In The Banking Sector. Journal Of International Finance And Economics, 16(2), 73-80. https://dx.doi.org/10.18374/jife-16-2.7

Sunday, November 24, 2019

Kate Chopins The Storm Example

Kate Chopins The Storm Example Kate Chopin's The Storm – Book Report/Review Example of of Affiliation The meaning of the â€Å"The storm† by Kate Chopin The â€Å"The storm† is centred on an illegitimate date between two ex- lovers: Calixta and Alcee. Initially they are compelled to seek shelter on the porch, then in the laundry. Finally, the two are compelled to retreat indoors to the home that Calixta shared wither husband. They were fleeing the ambush of the unbearable storm. How does the author’s life influence the story?The story â€Å"The Storm† is a reflection Chopin’s life. She uses various stylistic devices such as irony and satire to confront the theme of women sexuality and the involvedness of the married state. The story reflects Chopin’s affair with a married man called Albert Sampite. She uses Albert’s personality to construct the character Alcee. Do the characters change?The main characters in the story â€Å"The storm â€Å"include; Alcee and Calixta. The two are both married, however due to loneline ss, they engage in an illicit affair. The author asserts that after the affair the two are relieved off their stress and loneliness. This is an indication that the two characters changed in state. PlotThe plot is a conflict, because it starts by the arrival of Calixta’s old lover at her house, only to be trapped by the storm. A conflict situation is created, when Calixta would have worried about her husband and a son who were outside in the storm, but a cute man strolls into the house to give her the comfort and protection she needed at the time. The act of adultery by the two married people represents a conflict. Further, the author represents the act as normal for individual satisfaction; however, this representation does not reflect the expectations of the audience consequently, enhancing the conflict Quotationâ€Å"..So the storm passed and everyone was happy†This quotation implies that the burden of the loneliness and traditions attributed to marriage was over aft er the illicit affair.Literary TheoryThe author uses the feminist theory to enhance her literary criticism to express her perception on patriarchal authority and sexual fulfilment as evidenced by the main characters: Calixta and Alcee.Question(s) What sort of intimacy exists between Calixta and Alcee? Can anything significant be inferred from the past about it?ReferencesChopin, K. (1974). The storm and other stories: With the awakening. Old Westbury, N.Y: Feminist Press.

Thursday, November 21, 2019

MedTerm Question Assignment Example | Topics and Well Written Essays - 250 words

MedTerm Question - Assignment Example You should ask yourself questions that will lead to the body formation (Beach, 2010). An inquiry essay begins with a topic or an idea then the summary of the information learnt from the topic (Beach, 2010). After researching on a topic you want to write on, an outline should follow (Beach, 2010). The introduction should be written using facts, statistics, anecdote, or a question (Beach, 2010). The question will enhance the heart grabbing of the reader (Beach, 2010). The thesis should tell the purpose of the essay (Beach, 2010). A thesis is a short sentence or roadmap that defines the information in a sentence inquiry (Beach, 2010). Using the correct terminologies will enhance the understanding of the reader (Beach, 2010). Use personal experience and research information so as to come up with a good essay (Beach, 2010). Give background information on the essay so as to enhance more understanding (Beach, 2010). When writing this essay it should be based on strong arguments (Beach, 2010). Writing the essay, you should proofread for grammatical errors and spelling mistake (Beach,

Wednesday, November 20, 2019

Physics Assignment Example | Topics and Well Written Essays - 500 words

Physics - Assignment Example The universe comprises of millions of super clusters. These super clusters consist of hundreds of different sized galaxies. Of such a super cluster is our earth a part of. The super cluster consists of galaxies in the form of groups. The galaxy in which earth is situated is called Milky Way and is situated in a group called the local group which comprises of more than 30 galaxies (Caprara & Harris, 2003). The Milky Way is made up of a number of stars and constellations of stars, planets, rocks, sun, gaseous elements and other such similar things. Our earth is the part of a solar system which lies in the Milky Way galaxy. Our earth is the third planet from the sun. The Milky Way galaxy is extended in a number of directions and these extensions have been named as arms. The name of the arms has been given by the name of the constellation which can be observed in that particular direction. Orion spur is the name of one its minor arm in which our solar system is situated. It is placed at the far edge of the galaxy. The sun is approximately at a distance of 26,000 to 28,000 light years from the center of the Milky Way galaxy. 2. Electromagnetic Spectrum has been divided into different regions according to the difference in the values of the frequency and wavelength. Following are the types of waves comprising of the electromagnetic spectrum and their applications: 1.

Monday, November 18, 2019

The mi Adidas Case Study Mass Customization Essay

The mi Adidas Case Study Mass Customization - Essay Example The brothers opposing personalities complement each other well: Adi the quiet, pensive designer, and Rudolf the extrovert salesman (Adidas, 2011, pp 1-26). Adidas shoe: 1932 German athlete Arthur Jonath wins the 100m bronze medal at the 1932 Olympic Games in Los Angeles, wearing Dassler shoes. This marks the first major Olympic success for the Dassler brothers and fuels the further development of their already thriving company (Adidas, 2011, pp 1-26). A Second Factory: 1938 Adi Dassler buys his second factory in the centre of Herzogenaurach. By that time, the company produces 1,000 pairs of shoes a day. Three Stripes: 1948 Adolf and Rudolf Dassler part with Rudolf founding Puma. Adi introduces Adidas as the official company name, by combining his nickname and last names. At this point, Adi also gives his shoes the unmistakable trademark of the Three Stripes (Adidas, 2011, pp 1-26). The Olympics in Helsinki: 1952 Adidas is the most worn German sports shoe brand at the Olympic Games an d track shoes with removable spikes are used for the first time. Emil Zatopek wins three gold medals – for the 5,000m, the 10,000m and the marathon - all in one week, wearing Adidas shoes, an achievement that has not been repeated since (Adidas, 2011, pp 1-26).