Learning Team IRAC Brief Essay Example for Free

Learning Team IRAC Brief Essay Learning Team B was tasked to study the IRAC method of case study analysis, and select one legal case from a current event that has taken place within the past two years relevant to this week’s objectives. After selecting a current case, Learning Team B prepared a case brief using the IRAC method. Learning Team B selected the United States v. Jones case, which was decided January 23, 2012. Learning Team B was also tasked to provide an explanation of how the legal concepts in the United States v. Jones case could be applied within a business managerial setting. The government issued a warrant to place a Global Positioning System on the personal vehicle of Jones to track any unlawful behavior. For 28 days, the government monitored the vehicle and â€Å"it subsequently secured an indictment of Jones and others on drug trafficking conspiracy charges† (United states v., 2012). The issue is that a violation of the Fourth Amendment may be in question. The question in this case is whether or not the vehicle that was fitted with the GPS is considered real or personal property. Also how is the vehicle subject to government surveillance only on public property? Could the vehicle be subject to the real or personal property laws protected under the Fourth Amendment? The question remains if the vehicle can be searched using the GPS only part of the time. The court’s ruling still does not clearly define what the fourth amendment covers as real or personal property. The definition of the Fourth Amendment is not completely clear on exactly what the real or personal property is defined as or if it is reasonable expectation of privacy as defined by society or a court of law. The law â€Å"protects reasonable expectations of privacy, but the Supreme Court has refused to provide a consistent explanation for what makes an expectation of privacy ‘reasonable’† (Kerr, 2007, p. 503). The Fourth Amendment can be applied to a business managerial setting by protecting workers rights to privacy somewhat. Any use of work property, including e-mail and Internet is subject to inspection by the company. There is a reasonable expectation of privacy in the workplace if an employee has an office. If the employee is in the  front of the work environment conversations or anything in plain view can be subject to police search. According to â€Å"Surveillance Self-Defense (2013), â€Å"A big question in determining whether your expectation of privacy is ‘reasonable’ and protected by the Fourth Amendment arises when you have ‘knowingly exposed’ something to another person or to the public at large† (Reasonable Expectation of Privacy). If a person is exposes intended personal information or property to a third party that reasonable expectation of privacy is no longer valid. The â€Å"Fourth Amendment is part of the Bill of Rights,† and the â€Å"Bill of Rights is the first 10 amendments of the United States Constitution.† The â€Å"Fourth Amendment protects the rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures† (Gatewood, 2013, p. 1). The government can use â€Å"GPS to track an individual movement† if they believe a crime have been committed. If law enforcement wants to obtain a warrant for â€Å"a GPS device to be installed† on an individual car, he or she must be able to convince a judge that a crime has been committed. They must also provide the judge with information about the place that will â€Å"be searched, and the† individual â€Å"or thing to be seized† (Hughes Burton, 2013, p. 1). In this court case, â€Å"the agents obtained a warrant, but they did not comply with two of the warrants restrictions. First, they did not install the GPS device within the 10-day period that was required by the provision of the warrant.† Second, the â€Å"GPS device supposed to be installed in the vehicle in the District of Columbia, as required by the condition of the warrant.† The â€Å"government installs the GPS device on the vehicle in a public parking space in Maryland† (McKenzie, 2002, p. 1). According to McKenzie (2002), â€Å"the vehicle is an effect as the term is used in the Amendment, and this is a violation of the Fourth Amendment.† An organization that use any form of GPS device on an individual vehicle would be violating the Fourth Amendment.† The â€Å"Fourth Amendment† was implemented to safeguard the rights of citizens, and to make sure that his or her â€Å"privacy is not violated† in any way (McKenzie, 2002, p. 1). A public management can â€Å"conduct a mixed-motive search of an employer’s workplace, seeking to discover evidence of worker misconduct, as well as evidence the worker has committed a crime.† For example, a â€Å"search of a computer of a worker who has been downloading child pornography implicates both personnel misconduct and criminal concern.† â€Å"Courts assessing whether to apply the O’Connor reasonableness standard or the more traditional Fourth Amendment probable cause and warrant requirements of these mix-motive searches have applied O’Connor, reasonableness standard.† Certainly, â€Å"as explained by the United States Court of Appeals for the Fifth Circuit, O’Connor’s† objective of â€Å"ensuring that an efficient workplace should not be frustrated simply because the similar misconduct that violates a government management’s rule, and it is also illegal† (Koster, 2007, p. 1). A community employer can conduct searches related to the workplace â€Å"such as to find a missing file or to investigate workplace misconduct,† in compliance with the â€Å"Fourth Amendment without probable cause or a warrant.† A job-related search is â€Å"constitutionally† allowable â€Å"as long as they are reasonable expectation of privacy.† Furthermore, â€Å"even if the search does infringe on a worker’s reasonable expectation of privacy, the search will deemed reasonable in accordance with the Fourth Amendment it is justified as its inception and permissible in scope† (Koster, 2007, p. 1). In George Orwell’s 1984, the citizens of the dystopian, totalitarian country of Oceania are subjected to a grim reality of constant government surveillance. In difference, technology is necessary to fulfill Orwell’s nightmare is far closer to fact than fiction. For example, the smart phone while using its GPS function is an indispensable component for numerous road trips; this global device has many of the same capabilities as 1984 feared telescreen. In the United States v. Jones, the Supreme Court of the United States concluded that police violated the Fourth Amendment of the United States Constitution when they attached the GPS-enabled tracking device to the defendant’s vehicle and used it to monitor the car’s movements for 28 days (Maryland Law Review, pg. 998). Jones highlights two uniquely prescient  concerns: The impact of modern information-sharing technology on individual privacy, and what limits ought to be placed on Law enforcement from using such technology unrestricted by physical boundaries (Maryland Law Review, pg. 999). The U.S. Supreme Court affirmed the judgment of the lower court and held that without a warrant, the installation of the GPS tracking device constituted an unlawful search under the Fourth Amendment (United states v., 2012). The government had argued a person did not have a reasonable expectation of privacy on public streets but the U.S. Supreme court rejected this argument. The U.S. Supreme court ruled a person does have a reasonable expectation of privacy on public streets regardless of how the GPS tracking device is placed on the person’s vehicle. The U.S. Supreme Court also ruled that today’s surveillance technology is very advanced but still creates a physical intrusion into a person’s reasonable expectation of privacy protected under the Fourth Amendment (United states v., 2012). This ruling is very important in today’s business world as technology rapidly advances. The current generation of workers is very comfortable with advanced technology but still have the basic expectations of privacy that workers had 20 years ago. Companies can track email conversations, locate company smart phones using GPS technology, locate, and monitor routes of company vehicles, and even video tape activity at their locations. It is important that an organization brief and ensure each employee acknowledges the reasonable expectation of privacy policies. If a company issues a smart phone to an employee and employ GPS tracking on the phone, the employee must be informed his or her smart phone will be monitored. If a company installs GPS tracking devices on their vehicles the driver of that vehicle must be informed his or her route and movement is subject to company monitoring at all times. If a company video monitors its employees, employees must sign an acknowledgment under standing their movement with the organization is monitored and recorded during the business day. Advanced technology is a tool to reduce fraud in the workplace but cannot violate an employee’s right to privacy under the Fourth Amendment. References Gatewood, J. (2013). It’s raining Katz and Jones: The implications of United States v. Jones- A case of sound and fury. Pace Law Review, 33(2), 683-715. Retrieved from http://Web.ebscohost.com.ezproxy.apollolibrary.com George Orwell Nineteen Eighty-Four, 1988, The Evolving Fourth Amendment United States vs. Jones, The information cloud, and the right to exclude, Ber An Pan, 1993 Hughes, T. Burton, C. (2013). Police GPS surveillance on vehicles and the warrant Requirement: â€Å"For a while I’ve been watching you steady†. American Journal Of Criminal Justice, 38(4), 535-550.doi:10.1007/s12103-012-9185-z. Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com Kerr, O.S. (2007, November). Four Models of Fourth Amendment Protection. Stanford Law Review, 60(2), 503-551. Retrieved from http://search.proquest.com/docview/224069628?accountid=35812 McKenzie, D. (2002). What were they smoking?: The Supreme Court’s latest step in a long Strange trip throu gh the Fourth Amendment. Journal of Criminal Law Criminology, 93(1), 153. Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com Koster, P. R. (2007). Workplace searches by public employers and the Fourth Amendment. Urban Lawyer, 39(1). 75-84. Retrieved from http://web.ebscohost.comezproxy. Apollolibrary.com Surveillance Self-Defense. (2013). Retrieved from https://ssd.eff.org/your-computer/govt/privacy U.S. Supreme Court, (2012). United states v. jones (No. 10–1259). Retrieved from website: http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf

Human Resources :: Business Management Studies

Human Resources Introduction Businesses recruit staff for a variety of reasons. To know why and how decisions to recruit staff are made, there are mainly four reasons to why and how staff is recruited. Â · If the organisation is big and need more staff to work for them, or if the organisation is expanding and need to recruit more staff. Â · Recruitment could be done within the work place changing job in the organisation. Â · Vacancies can be filled in by new comers who have a better attitude then the employee who retires or who gives a resignation etc. Â · The last of all internal promotions can be given to employees who have achieved the goals and should be moved up within the organisation. For a better experience of its work place and to know new people within its category Recruitment And Selection For a staff to be recruited it is sometimes easy for a person who has already done the job already and it could be hard for a new comer. But to be recruited into the organisation is sometimes tricky because many details are seen before the person can either be told to come for an interview if needed. First of all the new employee has to figure out what type of department he/she wants to work in. Secondly an Application Form is to be filled in showing all its qualification and what he is capable of. Then the employer has to decide whether he/she is capable of working and is sent of acceptance or declined. During the interview many questions are asked for which the person has to practise for or not. The new comer is asked simple questions but has to answer to them precisely. The employer uses a sheet where he writes down the grades of how the employee did on his interview. This is done over many new comers and on the end only one is selected for the job by seeing if he/she is capable at its job. Mainly with there application form many people send the CV (Curriculum Vitae) this shows all the capabilities of the person and all its past experience. Anti-Discrimination Legislation The new comers should be able to understand how recruitment interviews are planned, carried out and evaluated. They should be able to understand the legal and ethical responsibilities relating to equal opportunities, and know the key implications for recruitment of the following legislation: Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995 Job Description For different types of work Job Descriptions are given to show what

How to achieve peace in Pakistan Essay

Pakistan was founded. Pakistan was built to fulfill the needs of the Muslim community by providing them equality, Justice and freedom. However, soon enough it failed to fulfill the promises it had made to its society thus instability, restlessness and wretchedness reigned throughout the nation. Achievement of peace in Pakistan is actually the desire of every follow Pakistani or at least a huge majority of them. To devise a proper strategy we need to analyze and understand the causes f unrest and chaos in Pakistan. Factors causing disturbance in Pakistan can be categorized in internal and external factors. Internals factors consist of social, economic, political and administrative whereas external factors are related to regional instability and international so-called war on terror involving Kashmir, Iran, Afghanistan and Baluchistan. For achievement of peace and stability we need to address the huge gap between haves and have not’s. Firstly socially, there seems to be a huge gap between the different classes within the country. A large majority when sees a small minority enjoying a very luxurious life style they naturally rebel and resort to unlawful activities to become rich overnight. We can say this is a poor vs. rich tension, which disturbs the peace of society in various ways such as crime and law breaking. Secondly, politically, in Karachi different political parties have armed wings. Karachi being the biggest city has greater influence. Respective political leaders protect crimes of members of these gangs. While political leaders re enjoyingi government position at the same time they are patronizing criminals, murderers, target killers, extortionists and land grabbers. Thirdly, economically, Karachi being port city and major economic hub affects Pakistan. One day of strike and unrest in Karachi costs billion of rupees to national exchequer. Lastly, on the administrative side, law enforcement agencies are plagued by corruption. They are packed with cronies of influential people along with lack of proper training and sufficient resources. In some cases sources of trouble and unrest outnumber civil law nforcement agencies. Furthermore criminals are able to get relief from tax and justice procedures. They can even intimidate eyewitnesses and thus obstruct dispensation of Justices. This further erodes confidence of public on the prevailing system and thus increases unrest and instability. Therefore, to achieve peace we need to address all these issues immediately. The first step should be to break the vicious cycle of illiteracy, poverty and disease by providing educational and health facilities and equal Job opportunities on merit. We have to uplift standard of general public through a fair system based on social Justice by educating general public through print and electronic media about the responsibilities and rights of a citizen. Law enforcement agencies need to be revamped by selecting officers and cadres on merit, proper training and equipping them with latest equipment and technology and where necessary paramilitary forces can be used to assist them. A fair and speedy Justice system, which ensures that troublemakers are taken to task without ny delay, should be formed. Similarly, on the international front we have to get out of Afghan war. We should not allow proxy wars to be fought in our territory. In KPK and Baluchistan political reconciliation is required since administrative measures alone have failed to give desired results. To sum up, peace in Pakistan cannot be achieved in bullet but a set of social, economic, political and administrative system could help our country to gradually move towards the right path and a path towards stability.

Compare and contrast Helena and Hermia in A Midsummer...

` Ms. Shanthasoruban ENG2D1-04 28 November 2013 How do Hermia and Helena alter and connect in their approach to love and courtship? â€Å"Two lovely berries moulded on to one stem/ so with two seeming bodies but one heart†¦..† In William Shakespeare’s A Midsummer Night’s Dream Helena confronts Hermia to remind her once again of their relationship. A Midsummer Night’s Dream is a play about the two Athenian couples who constantly run through the course of true love. In this play Helena and Hermia are the two characters that have found their true lovers but are running through obstacles that prevent them to be with their loves. Hermia who is in love with Lysander has to go against the will of her Father Eugeus, while Helena has yet†¦show more content†¦Separation before marriage is a right thing for Hermia to do and she has the confidence to express herself to Lysander. When Hermia tells Lysander to lie further off in human modesty she says it without hesitation. In this case Helena lacks the confidence that Hermia has in her approach to love. Helena is insecure about her identity and often compares her body image to Hermia’s as she does in the following passage. Call you me â€Å"fair†? That â€Å"fair† again unsay. Demetrius loves your fair. O happy fair! Your eyes are lodestars, and your tongue’s sweet air More tunable than lark to shepherd’s ear When wheat is green, when hawthorn buds appear. Sickness is catching. Oh, were favor so, Yours would I catch, fair Hermia, ere I go. My ear should catch your voice. My eye, your eye. My tongue should catch your tongue’s sweet melody†¦Ã¢â‚¬ ¦ (1.1. 181-189) This passage describes that Helena is insecure about her body image as well as her personality. Helena thinks that Demetrius loves Hermia because of her beauty which makes Helena think that she is inferior to Hermia. 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