Free Speech At Shopping Centers Essays - , Term Papers

Free Speech At Shopping Centers Contents I. Thesis Statement 1 II. Shopping Centers & Organizations Definitions . 1-2 III. First Amendment Definitions 2 IV. Evolution of Shopping Centers Regional Shopping Centers .. 2-3 V. Case Studies Pruneyard v. Robins 4-5 NJ Coalition Against War in the Middle East v. J.M.B. Realty ?. 5-6 VI. Impact Industry Reaction 7-9 VII. Future Litigation . 9 VIII. Conclusion .. 9-10 Thesis Statement Is an individual's right to freedom of speech, as granted by the First Amendment to the U.S. Constitution, valid on private property, which is owned by someone else? Specifically, can an organization not associated with a shopping center use the shopping center's property to promote their cause? The U.S. Supreme Court has left the answer to this question up to the individual states. The majority of states, to date, have answered ?no?; however, several states, most notably California and New Jersey, have answered ?yes?. What is the basis for each State's decision and how do these decisions affect the shopping center industry? Shopping Centers & Organizations In order to understand how the courts' decisions affect the shopping center industry, we must first understand what a shopping center is and who the organizations are. As referred to in the two most notable court cases, Pruneyard v. Robins (?Pruneyard?) and NJ Coalition Against War in the Middle East et al. v. J.M.B. Realty Corp. et al. (?JMB?), a [regional] shopping center is defined as one that is between 300,000 square feet and 1,000,000 square feet in size and includes at least one large, over 100,000 square feet department store. During the 1990's, regional shopping centers have given way to super regional shopping centers. Super regional shopping centers are over 1,000,000 square feet in size and usually have four or more large department stores. For comparison in Arlington, Texas, The Parks at Arlington Mall and Six Flags Mall would be considered super regional malls while Festival Marketplace Mall would be considered a regional mall. The organizations that were involved in Pr uneyard and JMB consisted of peaceful political activists who were protesting Zionism and the Gulf War, respectively. As far as a shopping center is concerned, anyone not associated with operating the center i.e., employees, contractors, etc., or retailers/merchants would be considered a potential customer or part of an organization, depending on if their reason for coming to the mall was to shop. The shopping center, of course, wants everyone to be a customer since their primary business is commercial in nature. First Amendment The First Amendment to the U.S. Constitution reads, ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people peaceably to assemble, and to petition the government for a redress of grievances.? (Amendment I, 1) While this powerful amendment has very broad implications, it also has limitations. The U.S. Supreme Court has held that the Federal Constitution and its accompanying amendments give no general right to free speech in shopping centers since the centers' course of business is not ?state action?. State actions are those actions taken by local government entities or public schools. This limitation is what forces the U.S. Supreme Court to leave the decision of free speech in shopping centers up to the individual states, their state constitutions and police powers. Evolution of Shopping Centers It has been argued, and sometimes accepted, that today's regional shopping center has taken the place of yesterday's downtown business district. From 1972 to 1992 the number of regional and super regional malls in the nation increased by roughly 800% (National Research Bureau 1). The reason for this phenomenal increase is the migration of residents from the city to the suburbs and the accompanying relocation of retail from downtown to the ?burbs?. Shopping centers, by design, have made themselves one-stop destinations. Food, entertainment, apparel and other consumer goods are centralized in a climate-controlled environment. The downtown business district of old once afforded social and political organizations access to the masses. There is no question that the downtown streets and sidewalks were, and still are, public property. To make the distinction between a public downtown and private shopping center more confusing, it is not uncommon for a mall to have a U.S. Post Office as

the eve problem essays

the eve problem essays The Eve problem is not hard to understand or see, nor is it complicated in determining why there became a problem. Eve was told specifically not to eat from one particular tree, which was in the midst of the garden. It was the tree of knowledge, which would allow her to know good from evil, and to open her eyes. No one was supposed to eat from it, for god had told them to stay clear of it. The problem came when the serpent convinced Eve into taking from the tree and eating. The serpent told her that the only reason god did not want them to eat from it, was because if they did, then their eyes would open and they would know good from evil, and would be gods themselves. Therefore, under the words of the serpent, Eve took a piece of fruit from the tree, one for Adam as well, and ate it. Then she gave it to Adam and he ate it. Once they ate the fruit, they realized that they were naked, and when god came to speak to them, Adam told him that he had hid from god, for he was afraid and naked. That is when good knew that they had eaten from the tree, for they would not have known that otherwise. God had to punish them for eating from this tree that he said not to. Both the Serpent and Adam were punished, but the Eve problem has to do with the punishment that was passed down to her, and all women for that matter. God told eve that she was going to have to bear children, which is a painful process. He also said that Eves desire, also pertaining to women as a whole, would be to there husbands and that he shall rule over thee. The issue of child bearing is not really the major issue; it is more so the idea that the women's husband will rule over her. There are three types of believes when it comes to this piece of writing, and the meaning behind it. There are people who take a fundamental view, who believe that god wrote the Old Testament, and gave it to man as a g ...

Econmics 100 Essay Example | Topics and Well Written Essays - 1500 words

Econmics 100 - Essay Example Since the net export is a part of the gross domestic product, considerable rise in exports has led to significant rise in GDP of the country. This in turn is reflected in the higher growth rate of the economy. The growth of an economy is measured by calculating the changes occurring in the total volume of output in the economy or the real income of the individual residents of the nation. However, in recent years there has been less than expected level of economic growth. Therefore the government has adopted different fiscal and monetary policies to boost up economic activities in the country. This paper analyses the policy prescriptions followed by the government as presented in the article. 3.0 Analysis 3.1 Export led growth The 1993 United Nations System of National Accounts (1993 SNA) allows the countries to calculate their growth with the help of any of three credible indicators; the volume of the country’s gross domestic product (GDP), real gross domestic income or the re al gross national income. The GDP is the easiest and the most uncomplicated way to account for the growth of a country (World Development Indicators: 2012, 217). The gross domestic product is defined as â€Å"the market value of all final goods and services produced within a country in a given period of time† (Mankiw 2011, 494). The most commonly used approach to measure the GDP is the expenditure method (Taylor 2006, 138). Economists denote GDP as ‘Y’ and divide the components of GDP in to four parts; consumption (denoted by C), investment (denoted by I), government expenditure (denoted by G) and the net exports made by the country (denoted by NX) (Mankiw 2011, 496). The identity that represents the GDP calculation is as follows: Y = C + I + G + NX The net exports component of the GDP is actually the difference between the amount of export and the amount of imports made by the economy. If this difference is positive, it implies the amount of total exports is gre ater than the amount of total import and positive net exports increases the total GDP of the country. If the level of exports falls short of the level of imports, there is negative net export and the amount of GDP declines. The Chinese policy of emphasizing on exports has brought dauntless growth in the Chinese economy since the past three decades. However, recently the Chinese have been facing a huge external constraint in this path of growth. China depends on the international market heavily for its exports, particularly the U.S. and the Europe. The large scale exports made to the U.S. is leading to massive trade deficit in the U. S. It is causing financial vulnerability and discouraging the country’s manufacturing sector. This can potentially harm the development process of the country and stall its course of recovery that is still in progress after the severe sub-prime crisis that occurred in the year 2007. Since the USA is a large country in terms of the Chinese exports, recession in the country might affect the entire world economy, including China. Hence the Chine policy makers have considered shifting their attention towards domestic demand. As the article published in a BBC website says, the policymakers have expressed the desire â€Å"to increase domestic demand to reduce its dependence on exports and achieve more sustainable growth†

What is critical thinking Essay Example | Topics and Well Written Essays - 500 words - 1

What is critical thinking - Essay Example It also involves the observation of things in open-minded ways and examining them from various perspectives. Critical thinking allows people to see beyond their view of things and understand the opinions of other people better. Critical thinking is usually used in discussions to form well-rounded and cogent arguments. Critical thinking uses multiple skills such as logic, accuracy, relevance, fairness, clarity, precision, and completeness. Critical thinking has benefits that range from personal life and working place to scientific research and academic education. It is quite unfortunate that most people’s thinking are distorted, uninformed, partial, and biased, which form barriers to effective critical thinking (Moore & Parker 2011). Critical thinking requires the ability from an individual to approach situations and problem in a rational manner. Thinking in a rational way requires proper analysis of what is known and deriving conclusions based on evidence or facts rather than feelings or opinions. Reasoning in an honest way requires thinkers to acknowledge motives, personal goals, and emotions that can corrupt one’s thought processes and opinions. Rational thinking should identify and eliminate prejudices that inhibit fresh and objective approaches to situations (Moore & Parker 2011). Critical thinking is important as it generates new avenues of problem solving. Critical thinking requires people be open-minded. Being open-minded permits people to find all possible answers to an obstacle and accept solutions and answers different from the initial expectations. Being open-minded requires people not to assume their ways of providing solutions are always right or the best. Scientists, for example, should be aware that the results of research or experiment will not always meet their expectations. Results obtained from such experiments can be challenging, but will eventually lead to meaningful discoveries (Moore & Parker 2011). Critical thinking

Respnse paper after I observe dental hygienist work in a dental office Essay

Respnse paper after I observe dental hygienist work in a dental office - Essay Example In the process, he nearly held each breath, being certain of the spots on which to fix the needle through and at which correct angle, as if at this critical stage, the worker would not afford any degree of hesitation between the acts of injecting and of coordinating the jaw thereafter. The dental hygienist occurred to exhibit intense focus while he still managed to utter firm but gentle words of command to draw in the patient’s full trust and attention toward the procedures conducted. As I observed, this step is important in order to establish confidence for the patient and the hygienist took control of pre-conditioning the subject under treatment so that positive initial impression is built up before the actual dentist got in charge of the main course of action. Likewise, the patient seemed to have essentially gained insight of the rest of the dental work to be carried out for her welfare and at the time she could have associated the dentist’s quality of practice to th at of the dental hygienist who dealt with her firsthand.

Legislation to Safeguard Child Rights in the UK

Legislation to Safeguard Child Rights in the UK Steven Howells CYP Core 3:3 1.1 Because the well – being of all children and young adults is so important, organizations in the United Kingdom and around the world have created policies and legislation’s to ensure a structure of security. This structure ensures that everyone in an educational environment is safeguarded. Some of the main policies include: The Children’s Act 1989 – This policy was designed to make all the laws that relating to children and young adults less complicated. It also brings many organizations and authorities together to ensure that children receive the assistance they require. The Children’s Act 2004 – This Act is an update that was put into place after the death of Victoria Climbie. The information was reviewed by multiple services and yet they failed to work together which resulted in this child’s suffering, and eventually her death. Rules and regulations were put into place to allow services to share the information accordingly to ensure that anyone under the age of 19 years old who may be at risk could be helped and not overlooked. Children and Young Persons Act 2008 – This Act changes the structure of the care system. It pushes services to provide the best care as quickly as possible to children and young people. It also enables children and young adults to be capable of achieving the same as a child who is not in care. Sexual Offences Act 2003 – This policy covers a large scale of offences, but is designed to cover against, sexual offences or rape in the United Kingdom or in some circumstances abroad. Adoption and Children Act 2002 – This act was put into place to ensure that children were going to homes that hold the best intentions for them. It also gives a more reasonable approach to single people and unmarried couples who would like to adopt and provides more assessments to ensure the child is going to the best home for them, but to also ensure that a family is adopting a child best suited to their current environment (i.e. if a family already has children, they will not be put at risk by putting a child with history of severe mental illness in the same home). United Nations Convention on the Rights of the Child 1989 – â€Å"Protecting children from violence, exploitation and abuse is an integral component of protecting their rights to survival, growth and development† UNICEF, (2011) The Education Act 2002 – The policy was designed to create a structure for anyone in educational services to help with safeguarding. The helps protecting children and young people by ensuring a safe place to study. It also helps protect children and young people by identifying anyone who could be / already at risk in a school environment or at home. Domestic Violence, Crime and Victims Act 2004 – The act covers many areas of protecting victims of crimes. It also covers new rules and regulations to give bailiffs the power to use forcible entry to property if a child or vulnerable person is at risk of death. Vetting and barring scheme – After the conviction of Ian Huntley in 2003, further examination into Huntley’s past showed that he had been had been investigated and charged for other offences. But because of the structure of the original checks, he passed and was allowed to work in a school environment. Afterwards, the structure of the checking system was changed in order to ensure this would never happen again. The new checking system now covers every offence, investigation and charges to ensure that individuals with any form of criminal record and/ or any possibility of committing an offence can no longer work in an environment where there is a risk to children, young adults or adults who are vulnerable. 1.2 Child protection is only one piece of a larger concept of safeguarding. The health and safety of children and young people is paramount. It protects those who are young and vulnerable nearly every form of mistreatment like being neglected raped or abused mentally or physically. It helps to prevent those who could later suffer results of impairment of any form from the hands of mistreatment. Risk assessments to ensure a safe home and place of study are part of this. Making sure that schools are governed correctly and a structure of policies, rules and regulations are put in place and kept up to date. Ensuring any safeguard issues are dealt with properly, ensuring all staff are up to date with all aspects of training and also promoting the best development for all its students.The development of the children can include tests like the CAF to ensure that children receive any additional learning required, or other tests that ensure health and well – being of its students. 1.3 Every School and local authority has their own policies concerning child protection. All of them put the same ideals into action which are: â€Å" Be healthy Stay safe Enjoy and achieve Make a positive contribution Achieve economic well-being. â€Å" In order to make the community aware of child protection issues, campaigns and other similar methods are used. All communities have to be monitored to ensure that all targets and policies are met, also to ensure that all issues are being dealt with appropriately. It keeps a healthy communication with local services to ensure the best methods are used to benefit students. Also to report any signs of cruelty, neglect or abuse. This creates a better success rate of child development. If everybody knows what methods work best for a single / group of student(s), there I more chance for students to progress rather than regress in development. External health and safety management teams are put into place as another form of monitoring. This time they monitor the buildings and the possibilities of risks. Also health services visit to make children aware of what is healthy and unhealthy. To summarise, every student is protected by a large structure formed from all the acts that are implemented by the government. They all follow these acts to achieve this structure. When this structure is followed correctly there is less chance for a student to be at risk of many outcomes ( i.e. risk of harm, risk of being neglected or risk of failing to progress in development). 1.4 If a child is being neglected, abused or worst case scenario has died as a result of either, the child welfare officer should be notified in order in order to find out what happened to prevent this from happening again. They will access every aspect in order to achieve the most accurate of reports. When the report is finished, it will be reviewed and from this the government will decide what went wrong, why it went wrong, how they will improve their service in order to make it better. This in my opinion is the wrong approach to take because to me it seems like the government want to wait for it to happen and then study why it happened. I believe there is many forms of serious child abuse that are not considered as neglect or abuse due to the current status of the country. The government believe that just because a child lives in a home with a water supply, fridge – freezer and oven they have what they need. But this does not include food or clothing which should be included wh en raising a child. 1.5 All personnel must keep confidentiality in accordance of the Data Protection act 1998 (See TDA Section 4). This keeps all information private and helps to safeguard everyone who attends or work’s at the school. In order to keep full confidentiality, all staff are only permitted to discuss personal details, circumstances, or school work connected to their own child(ren). A parent will be able to discuss their children’s work and grades but will not have access to them. The only information that is shared is when a child has reached the age to attend secondary school. The secondary school will require information that is relevant in order to help the student maintain progression through this phase.

Journey To My Past: Responses to Silent Dancing Story Essay -- Silent

Journey To My Past: Responses to Silent Dancing Story 1 Journal of Reading Silent Dancing Many people say, "Do not judge a book by its cover," but the cover of this book drew me into a journey of reading. The line of the letters Silent Dancing is on top; just below that is a picture of a beautiful four-year old girl. Perhaps she lives with a wealthy family; the girl looks so cute and pretty in her dress. Like many other young girls who usually love toys, she is holding a rattlebox; however, she does not pay attention to the toy in her hands. The young girl appears sad because of wide opened eyes that seem interested of what is in front of her. The quiet lips that have no smile make her look shy and older than her time. Why does this young girl have a feature of sadness? This picture seems to suggest that after reading Silent Dancing I should have the proper answer to that question. Silent Dancing is a garden of many stories in the childhood of a Puerto Rican girl, Judith Ortiz Cofer. Some chapters in her book are very exciting because her memory sometimes stimulates mine. There are many remembrances that are evoked by the reading this book. 2 Reading "More Room" When I first read the caption "More Room," I did not guess that the main character in this chapter was an unhappy person. Soon after reading, I understood she was a sad woman because of only a reason: she could easily get pregnant (actually she had many children). That woman's situation reminds me of my mother. What are the similarities between this character and my Mom? A simple thing: they both were mothers of many children and sometimes felt full of cares when they knew they were carrying another baby. The sound is simple but the fact is not. Like many ... ... tiny paper clothes. Some characters in Cofer's childhood were exciting just like some of the people in my childhood, but the ending of her childhood and mine were very different. At the age of fifteen, Cofer had some boyfriends; they loved and admired her. She fell in love for the first time and learned a lesson about the love; she also was no longer a child at the age of fifteen. However, the ending of my childhood was caused by a war. Like the rope of a kite was broken in the raging wind, my childhood's kite disappeared into the sky. The tragedies of the war fell upon the people in my family and my country; they shattered my innocent childhood when I was only a thirteen years old girl. Although everyone has a different memory about their life, and each of us has special ending to our childhood, reading Silent Dancing gave me the urge to recall these remembrances.