Supreme Court Expands the Power of Eminent Domain

In its 5-4 decision in the case of Kelo v. City of New London, issued on June 23, 2005, the U.S. Supreme Court issued an important, if very controversial, interpretation of the governments power of eminent domain, or the power of the government to take land from property owners. The power of eminent domain is granted to governmental bodies -- federal, state and local -- by the Fifth Amendment to the U.S. Constitution, under the simple phrase, ...nor shall private property be taken for public use, without just compensation. In simple terms, the government can take privately owned land, as long as the land will be used by the public and the owner is paid a fair price for the land, what the amendment calls, just compensation. Before Kelo v. City of New London, cities typically exercised their power of eminent domain to acquire property for facilities clearly intended for use by the public, like schools, freeways or bridges. While such eminent domain actions are often viewed as distasteful, they are generally accepted because of their overall benefit to the public. The case of Kelo v. City of New London, however, involved a new trend among cities to use eminent domain to acquire land for the redevelopment or revitalization of depressed areas. Basically, the use of eminent domain for economic, rather than public purposes. The city of New London, Connecticut developed a redevelopment plan city fathers hoped would create jobs and revive downtown areas by generating increased tax revenues. Property owner Susette Kelo, even after an offer of just compensation, challenged the action, claiming that the citys plan for her land did not constitute public use under the Fifth Amendment. In its decision in favor of New London, the Supreme Court further established its tendency to interpret public use as the much broader term, public purpose. The Court further held that the use of eminent domain to promote economic development is constitutionally acceptable under the Fifth Amendment. Even after the Supreme Courts decision in Kelo, the vast majority of eminent domain actions will, as they historically have, involve land to be used for purely public uses. Typical Eminent Domain Process While the exact details of acquiring property by eminent domain vary from jurisdiction-to-jurisdiction, the process generally works like this: The property owner is notified by mail and will soon be visited by a government employee, often a right-of-way agent, who will further explain why the owners property is needed.The government will appoint an independent appraiser to evaluate the land and come up with fair price to pay the land owner for his or her land -- the just compensation.The property owner and the government may negotiate to come up with a final price to be paid the property owner. In some cases, a judge or a court-appointed arbitrator will be called in to oversee the negotiation.The owner is paid the agreed price and ownership of the property is transferred to the government. Since the Kelo Decision The Supreme Court’s decision against Kelo and her neighbors set off a nationwide outcry against abusive imposition of eminent domain by local governments. Since the Kelo decision, eight state supreme courts and 43 state legislatures have acted to strengthen protections of private property rights. Multiple polls conducted since Kelo have shown that a sizeable majority of Americans support efforts to change the law to better protect owners of homes and small businesses. In addition, since the Kelo ruling in June 2005, citizen activists have defeated 44 projects they believed represented abusive uses of eminent domain solely to benefit private development over public interests. Today, New London’s economic redevelopment project has proven to be a dismal failure. Despite the expenditure of close to $80 million in taxpayer money, no new construction has been done and Susette Kelo’s neighborhood is now a barren field. In 2009, pharmaceutical industry giant Pfizer, the driving force behind the economic development plan, announced it and its 1,400 promised jobs were leaving New London for good, just as its city-provided incentive tax breaks expired.

A Brief Note On Subsidies Policy For Public Transport

An analysis of subsidies policy for public transport in UK â€Å"subsidy means money given as part of the cost of something, to help or encourge it to happen† (cambridge dictionary, 2015). In transport,.. Main Body Organisation and Policy Glaitser et al (2006) stated In Great Britain, Department for Transport responsible to include posts covering public transport, transport in London, roads and traffic national policy and aviation and shipping or logistic. They also suggest to public transport there is a 3 tier of government in charge of that are department for transport, sub-state goverment and local authorities. For rail services, the authority and accountability exist in Great Britain and sub-state government. While bus service, sub-state and local government authorities play the role. Subsidy given by the government through several ways, among others for the bus, a government subsidy to all buses operating with the distribution of three areas: rural areas, metropolitan and territories except london london. The subsidy for train through two ways are the operation and maintenance of infrastructure (White, 2009). Why government do subsidy? goeverden et al (2006) stated subsidy is necessary for public transport. First, vulnerable groups such as low-income households, those without driver’s license, people with disabilities need to be motivated to avoid the problem of social exclusion. In this case the subsidy serves as a social function’. Second, limit the use of privateShow MoreRelatedSingapore Economy Essay1662 Words   |  7 Pagesperiod of time. It is commonly used as a measure of the health of a country based on its national income and private and public output. 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Forkenbrock * Public Policy Center, The University of Iowa, Iowa City, IA 52242, USA Abstract From a societal perspective, it is desirable for all transportation users to pay their full social (private and external) costs. We estimate four general types of external costs for intercity freight trucking and compare them with the private costs incurredRead MoreEconomic Environment in India9561 Words   |  39 PagesECONOMIC ENVIRONMENT OF INDIA Section – A I. Economic Environment : Meaning, Factors affecting Economic Environment, Basic Features of Indian Economy, India in World Economy. Economic Policies : Agriculture Policy, Industrial Policy, Commercial Policy Fiscal Policy. Economic Planning : Meaning, Importance, Objectives Techniques of Planning. II. III. Section – B I. Significance of Agriculture in Indian Economy and New Agriculture Strategy. 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Philosophy for Euthanasia and the Right - myassignmenthelp.com

Question: Discuss about thePhilosophy for Euthanasia and the Right. Answer: Introduction It is to be mentioned that Euthanasia is the act of ending a persons life voluntarily to relieve the same from suffering (Chambaere et al., 2015). The Euthanasia laws of different countries vary. It is to be mentioned that Euthanasia and assisted suicides are completely different and are intended to be treated differently. A doctor giving a terminally ill patient an overdose of a drug to relive the patient of his sufferings and end his life can constitute euthanasia (Letwin et al., 2016). On the other hand if a terminally ill patient is given access to sedatives by an acquaintance of the patient knowing the fact that the patient can overdose on the drug to relieve himself from the suffering of his illness will constitute assisted suicide. Euthanasia and the Right to Die It can be noted that the main stakeholders of the right to die and Euthanasia are the ones who suffer from terminal illness and those who suffer from mental trauma and depression. The question of whether Euthanasia or the right of persons to voluntarily end their lives should be legal and valid is subject to a lot of interpretation and is debatable. The legal provisions of assisted suicide and Euthanasia are different (Emanuel, 2016). It is to be mentioned that Assisted Suicide is illegal and is punishable by up to fourteen years of imprisonment according to the Suicide Act(1961). However it is to be mentioned that act of ending a persons life by himself will not be considered to be a criminal act. It is to be mentioned that Euthanasia can be of two types; voluntary euthanasia- where the consent of the individual willing to end his life is obtained and involuntary Euthanasia where the consent of the individual willing to end his life is not obtained. It is to be stated while volunta ry Euthanasia is legal in some countries, involuntary Euthanasia is considered illegal in all countries. The Right to die is concept which is based on the belief that individuals should have the right to end their lives if they deem it necessary under voluntary Euthanasia (Somerville, 2014). It is to be mentioned that the right of the individuals to end their lives is generally possessed by the people who are suffering from terminal illness and who longer wish to endure the pain and suffering. However it is to be mentioned that whether individuals should be empowered with the right to die is subject to a lot of debate. It is to be mentioned that the main supporters of this theory state that an individuals body and life are his own and therefore the right to end his life is also his decision. However, the legislation of different countries has different provisions regarding the right to die and Euthanasia to prevent irrational suicides. Utilitarianism Theory: Right to die It is to be noted that Utilitarianism is the ethical theory which states that the actions of individuals should be based on the utility (Albee, 2014). Thus to interpret this theory, it can be stated that individuals should focus on which what derives maximum utility for them instead of what is morally correct and upright. It is to be mentioned that Utilitarianism takes into account the Utility of the actions of individuals which is a sum of all the pleasures, sentiment and well-being of the individuals (Alon Lehrer, 2017). The supporters of this theory hold that happiness is the only good and individuals should target the achievement of happiness as consequence of their actions. According to this theory, the right to die should be, granted to terminally ill patients who no longer wish to endure the pain and suffering. The Utilitarianism theory in this context can be applied to achieve the ultimate happiness of the individuals, which is relief from the unbearable pain and suffering (Barrow, 2015). It is to be mentioned those who choose to end their lives to end the pain and suffering consider death to be the ultimate and final source of their well being. However this theory will not apply to the case of mentally unstable people or people suffering from mental illness as they cannot assess the consequences of their decisions. It can be noted that this theory justifies the maximization of utility which in this case is death for the terminally ill patients. However the principle of this theory can be misinterpreted by people who are suicidal or are suffering from depression or mental trauma and they can opt for the easy way of reliving depression by committing s uicide without thinking about the consequences of their actions Kantian Ethics Theory:Right to die According to this deontological theory it can be stated the action of an individual can only be good if the same is governed by a moral duty (Cline, 2014). The principle of this theory states that for an action to be considered permissible and morally correct, it must be applicable to all the people without any exceptions. It is to be noted that according to this theory, it is not morally correct to end a life voluntarily by a person. Therefore it can be said that Euthanasia, assisted suicide and suicide are not permissible by the aforementioned theory. It is to be mentioned that the main principle of Kants theory is the applicable to all individuals. Therefore is if killing is considered to be evil, the act of ending a life is also considered to evil even if the same is done voluntarily. If the right of individuals to end their lives is to be analyzed in the light of the aforementioned theory it is to be stated that the intention of the act is more important than the act itself. Some people believe that since the primary principle of this theory is universal applicability, if a person is granted the right to end his voluntarily due to terminal illness, the society might decide that the fate of the unfortunate and incompetent members of the society should be the same as they do not contribute to the so ciety. This theory suffers from certain drawbacks as well. It imposes a moral duty on the terminally people of carrying on their live even if they are in great physical pain and distress. The right to ultimate relief from pain and suffering is denied to them. Conclusion Thus to conclude, it can be said that the Right to die and Euthanasia are relative concepts and are subject to a lot of debate. The laws of Euthanasia and right to die are different n different countries of the world. The main stakeholders of right to die are the patients who are suffering from terminal illness who wish to end their lives to relieve themselves from the pain and people who wish to end their lives due to suffering from depression. It can be said that according to the Utilitarianism theory, the right to die should be granted to terminally ill patients who no longer wish to endure the pain and suffering but the same should not be provided to mentally unstable people and people who are suffering mental illness. However according to the Kants theory it is not morally correct to end a life voluntarily by a person. It can be said that Euthanasia, assisted suicide and suicide are not permissible by the aforementioned theory. Reference List: Albee, E. (2014).A history of English utilitarianism(Vol. 1). Routledge. Alon, S., Lehrer, E. (2017). Subjective Utilitarianism: Decisions in a social context. Barrow, R. (2015).Utilitarianism: A contemporary statement. Routledge. Chambaere, K., Vander Stichele, R., Mortier, F., Cohen, J., Deliens, L. (2015). Recent trends in euthanasia and other end-of-life practices in Belgium.New England Journal of Medicine,372(12), 1179-1181. Cline, A. (2014). Deontology and Ethics: What is Deontology.Deontological Ethics. Emanuel, E. J., Onwuteaka-Philipsen, B. D., Urwin, J. W., Cohen, J. (2016). Attitudes and practices of euthanasia and physician-assisted suicide in the United States, Canada, and Europe.Jama,316(1), 79-90. Letwin, C., Wo, D., Folger, R., Rice, D., Taylor, R., Richard, B., Taylor, S. (2016). The right and the good in ethical leadership: Implications for supervisors performance and promotability evaluations.Journal of Business Ethics,137(4), 743-755. Somerville, M. (2014).Death talk: the case against euthanasia and physician-assisted suicide. McGill-Queen's Press-MQUP.

Logistics and Operation Management Shell Outsourcing Free Sample

Question: Describe about the Logistics and Operation Management of Shell's Outsourcing? Answer: Introduction In todays business organization, Planning has the same significance with the operation. Planning is as important as the operational process of a company. In their operating process, the business organizations found many departments and task which has more operational significance than strategic significance. In those cases, business organizations are adopting a different approach towards the completion of that task. This approach is known as outsourcing. With the help of outsourcing process a business organization, complete their task by the help of some other parties who are experts in that particular field. The strategies to outsource help in many ways such as task will be done by some expert company so the quality of the job will be maintained. When an expert company is outsourced, then they will be able to do that in minimum price so the cost can be minimized. According to Forbs Global 2000 in the industry of oil manufacturing about 36% companies restored to outsourcing policies. The firms strategy to outsource their IT and back-office operation has proven a sustainable way. Shell has outsourced their IT infrastructure that is considered as one of the most complicated as well as the most innovative decision taken by the company. This decision resulted to streamline and standardized the services at the end and cost of operation become low that help the company to become sharper and leaner in this competitive environment (Bozarth and Handfield, 2015). Optimizing the outsourcing solution The companies is outsourcing that task that are unimportant strategically but important in operational performance. For example, a company that manufactures consumer goods will outsource a logistic company to supply their goods to the market. In this case, the delivery of the goods have less strategic importance but have more operational activity. The logistic company will distribute the goods more smoothly than the manufacturer. This will lower the operating cost of the manufacturer. In the oil manufacturing industry companies, outsource their IT department to gain efficiency and improvements in productivity (Pienaar and Vogt, 2012). The company also outsources their entire technological verticals to a specialized company who provide the services to them in the most efficient way. Shell is also outsourcing their back office, IT department and engineering technology to gain smoother operation in this segment. Shell has sophisticated their policies in cost minimization like the realiz ation of portfolio application and applying the infrastructure in cloud computing to reduce their cost further more. The below picture helps to understand the overall operational performance of the strategic importance that help the decision-making process (Caunhye and Pokharel, 2012). Figure: Outsourcing Decision Matrix Source: (Mindtools.com, 2015) Shells outsourcing Shell decided to outsource their global IT infrastructure, so Royal Dutch Shell entered into a deal of 4 billion dollars with EDS and ATT as their multi-supplier outsourcing to enhance their customer service in the next level. This deal with EDS is considered to cover 150000 users throughout the globe where Shell is operating their business, and that will help EDS to manage the entire computing services of Shell (Chavis, Klapper, and Love, 2011). EDS is offering their services in this segment and they will act as the operating company as they will bring a change in the companies information technology such as in Emails, internets, service that will be experiencing a change in the achieving of effectiveness of integration of other departments within one system that will increase the productivity of the company (Quinn and Strategy, 2013). In the team of IT infrastructure, there will be a huge restructuring with 600 workers who will stay within Shells in-house operation and the rest of 3000 workers will be outsourced from the IT consulting firm. To remain competitive in the market this is very volatile with the price of crude oil, Shell decides to increase their reserve of hydrocarbon to sustain in the market. Shell decides to keep their distribution and marketing with them to make their service more efficient. Shell tries their best to outsource from information technology companies emphasizes the oil giant's desire to innovate new technologies to become a winner. This will happen by implementing an entire IT solution that starts from discovering of oil to the human capital management. In this process, the company will be able to transform the entire need of the company, which will help to perform various functions successfully. This activity of IT solution will result into better streamlining of the operational procedure with increased productivity with lowering cost and increasing the bottom line. ATT gained the contract from Shell Global for managing the voice communication and mobility. The ATT gets the contract to operate Shells data centers around the world. This contract also includes the Netherlands, Malaysia, and US . with this contract ATT will also manage the SAP application to maintain and operate more than 7400 application servers (Lacity and Hirschheim, 2012). In the year of 2012, Shell renewed their contract of outsourcing with Deutsche Telekoms and announced for another five-year hosting and storage services with them globally. The integration of T-system has allowed the company to boost their productivity and to lower the cost of operation by the company. Shell signed another contract with Logica that holds for ten years. Logica will handle the Shells in-house IT delivery team in 35 countries across Europe and Asia. This move was decided by Shells management for better efficiency and cost reduction (Hirschheim Heinzl and Dibbern, 2013). Factors influence outsourcing A company outsources their job to a different company due to certain reasons. This kind of outsourcing process will help the company to increase their productivity and reduce the operational cost. According to the industry, the character of the job outsourcing also differs from company to company. The process of outsourcing is generally influenced by the certain factor that is described below (Fritsch and Grg, 2013). The first factor, which influences the decision of outsourcing, is the political factor. The local government of a certain area can make an intervention with various legal activities, rules, tax policy restrictions that will force the company to implement the process of outsourcing in their business activities. This kind of situation forces the company to outsource their back office department to an experienced company who are comfortable with the local rule and tax guideline (Sena Ferreira, Shamsuzzoha, Toscano and Cunha, 2012). Malaysia government changes their policy for the oil and gas production in the year of 2010. This policy was guided by Shell, which involves less tax implementation and regulation for the companies producing oil in the country. This kind of activity recently helps to reduce the overall cost of production. Another political factor that was noticeable for the Malaysian government was the subsidy. The government was providing the subsidy to those companies who was involved with the production of oil and energy. Shell was strategic in their decision to establish their business in Malaysia because it will help to reduce the cost of the company that will help to increase the profitability of the company (Lake, Stevenson and Viscusi, 2014). The next factor that will influence the decision of outsourcing is the economic factor. The economic factors, which handle the decision, are the rate of interest, unemployment and the global inflation. These factors affect directly in the profitability of the company. The growth rate of the country, where they are operating their business, will also influence the decision of operation. If the country is growing then, there will be a change in the buying habit of the customer and cash flow will be more in the market. This increase in cash flow will help to increase the profitability of the operating company. Shell has invested in different countries keeping in mind of this factor. The inflation also affects the companys growth. If the inflation is kept low, then the companies can plan for a long term because Shell did not want to waste their resources rather they plan to keep for future help (Willcocks and Cullen, 2013). The social factor also influences the investment of the company in a particular area or country. Social factor generally decides the attitude of the customer because it depends on the demographic characteristic of the people. The size of the market is also characterized by this factor because it is very important for any business organization to invest in the best potential area where they will be able to bring the return on investment. Since the unimportant operations of the company are outsourced, so it also depends on the social and cultural character of the local area (Quinn and Strategy, 2013). There is another factor that influence the change in the organization is the technology. Technology is very important in todays business context. Shell also outsources their technological support from a different company. Technological outsource includes, research and development activities. The decision of outsourcing handles entry-level barrier and the effectiveness of the production area (van Geenhuizen, Filippov and Enserink, 2015). The last factor that influences the process of outsourcing is the ecological factor that is relation building with the human beings. Shell is involved with such a business that has a lot of adverse effect on the ecology. Petroleum is the main cause of acid rain and other various problems to the ecology. There is another adverse effect when petroleum is burnt. It produces carbon dioxide gas in the environment that is the main reason for the greenhouse effect. These kinds of factors handle the change in the organization and influence the outsourcing process. Suppose there is huge hazards that are produced during the production of petroleum. These hazards are useful to produce various petroleum byproducts. Shell outsources the manufacturing of those byproducts through other companies. These are the strategic decisions that are influenced by many factors for outsourcing (Haveckin, 2012). Risk involved in the decision-making process and recommendations for mitigating them Minimizing the risk is very important for the identification of the goals that are pre-planned in the contingency model. In this context, the best part is to minimize the risk for forecasting supply and demand that need to be connected directly to the supplier. The management of the risk should be properly structured that can be classified in three categories that are explained with proper justification (Sahoo, 2015). The focus of the management should remain in the strategy part. This focus will help to minimize the risk with the help of capacity to manage with the resources that are available with the company and the management. The other process of reducing the risk is to maintain the proper security. The proper security that can provide information that are private and have compliance in the most effective manner. A process that is involved with the risk management will have a continuous flow of information from the supplier to its customers that may help in building the better relation between them (Pellegrini, Lazzarotti and Pizzurno, 2012). Conclusion Outsourcing incorporates and enables multiplier effects in the productivity of the company and gain profits by reducing the risks. Minimizing the incidence of risk by the privacy rules plays an important role for the continuous operation, and uninterrupted information flow comprise the center of the attention in a successful outsourcing deal. Every big organization is reducing their cost of operation by various cost cutting initiatives that include outsourcing process. Many companies are outsourcing their marketing and distribution channels. Shell has also initiated their outsourcing process to increase productivity that has resulted in a win-win situation for them as they have also increased their profitability. Technology outsourcing with EDS and T system enabled them to achieve bigger equity in the industry of oil manufacturing. Shell has also gained a lot from the Malaysian government as they saved a lot of tax. This has a great impact in the political and economic development of the country towards a sustainable business environment. Shells outsourcing story has a success and becomes an example for others about how to decide the structure of outsourcing. The strategy of outsourcing and selecting the areas proved to be the success factor for Shell. Reference List Bozarth, C. C., and Handfield, R. B. (2015).Introduction to operations and supply chain management. Prentice Hall. Pienaar, W. J., and Vogt, J. J. (2012).Business Logistics Management: A value chain perspective. Oxford University Press. Caunhye, A. M., Nie, X., and Pokharel, S. (2012). Optimization models in emergency logistics: A literature review.Socio-Economic Planning Sciences,46(1), 4-13. Quinn, J. B., and Strategy, E. S. (2013). Strategic outsourcing: leveraging knowledge capabilities.Image,34. Lacity, M. C., and Hirschheim, R. (2012). The information systems outsourcing bandwagon.Sloan management review,34. Hirschheim, R., Heinzl, A., and Dibbern, J. (Eds.). (2013).Information Systems Outsourcing: enduring themes, emergent patterns and future directions. Springer Science and Business Media. Fritsch, U., and Grg, H. (2013). DP9603 Outsourcing, Offshoring and Innovation: Evidence from Firm-level Data for Emerging Economies. Lake, R. T., Stevenson, J. G., and Viscusi, E. R. (2014). A New Reality for the Practice Of Outsourcing Compounded Sterile Preparations. Willcocks, L., and Cullen, S. (2013).Intelligent IT outsourcing. Routledge. Quinn, J. B., and Strategy, E. S. (2013). Strategic outsourcing: leveraging knowledge capabilities.Image,34. van Geenhuizen, M., Filippov, S., and Enserink, B. (2015). Cost Reduction as Major Driver in Traditional Technology Business: Will Outsourcing Relations Come to an End?.Journal of Enterprise Transformation,5(1), 30-51. Haveckin, B. (2012).Information technology outsourcing by large Australian organisations(Doctoral dissertation, Victoria University). Sahoo, S. (2015). Laminated Composite Stiffened Cylindrical Shell Panels with Cutouts under Free Vibration.International Journal of Manufacturing, Materials, and Mechanical Engineering (IJMMME),5(3), 37-63. Pellegrini, L., Lazzarotti, V., and Pizzurno, E. (2012). From outsourcing to open innovation: a case study in the oil industry.International journal of technology intelligence and planning,8(2), 182-196. Sena Ferreira, P., Shamsuzzoha, A. H. M., Toscano, C., and Cunha, P. (2012). Framework for performance measurement and management in a collaborative business environment.International Journal of Productivity and Performance Management,61(6), 672-690. Chavis, L. W., Klapper, L. F., and Love, I. (2011). The impact of the business environment on young firm financing.The world bank economic review,25(3), 486-507.