Thursday, February 27, 2020

Deciding to decide review Essay Example | Topics and Well Written Essays - 500 words

Deciding to decide review - Essay Example Justification of petitions at the Supreme Court must meet clearly outlined criteria. This is the only way that a case on certiorari will be deemed acceptable at the Supreme Court. In the event that the Supreme Court does not necessarily have to be involved, then higher courts more or less apply the same process in justifying the certworthiness of certiorari cases. According to Perry (1991), a case on certiorari is said to be certworthy if it meets the circuit conflict, importance, and egregiousness criteria for cert. Certiorari cases capture the attention of the higher courts, and especially the Supreme Court, if they exhibit critical circuit conflicts. The availability of a circuit conflict does not automatically justify certworthiness. Higher courts or the Supreme Court for that matter has its evaluative measures that determine the criticality of the conflict, subsequently informing whether or not cert. is granted. Conflicts within and across circuits may or may not be deemed necessary for consideration by the higher courts. However, the justification process is clearly outlined so that an ultimate decision is reached from the facts, issues, concerns, or conflicts presented on the table. The importance of the certiorari case is another justification factor considered in the process of determining the certworthiness of the case. A case’s uniqueness, political and societal importance, and legal importance of a petition (Perry, 1991) are the primary factors that inform the importance of a certiorari case. Here, the implications of the petition are prioritized. Notably, the depth of the matter may not count as much. The political, societal, and legal factors subject to a certiorari case make all the difference. The process of determining the certworthiness of a certiorari case is undoubtedly intensive and extensive. What matters to the higher courts or the Supreme Court in particular are the three

Tuesday, February 11, 2020

Strategic Management- Case study Essay Example | Topics and Well Written Essays - 500 words

Strategic Management- Case study - Essay Example In the corporate world the chief executive officer position with the corporate hierarchy outside the board of director of a public company. This paper analyzes a scenario of a high level executive who had romantic affair with another manager inside the company he was suppose to lead. The setting of our analysis takes place at Boeing Corporation where Harry Stonececher its chief executive officer (CEO) and a board member of the corporation got involved in an unethical act by starting a romantic relationship with a subordinate. His affair was discovered through unofficial information channel known as whistle blowing. A whistleblower is a person that revels to the general public or the authorities. Unethical or illegal activity within an organization (Schermerhorn, Hunt, Osborn, 2003). The situation was very awkward and let a bad taste in the minds of many stakeholders who did not take this news lightly. When something like this happens the general public gets ideas that bad things may be happing within the organization such as collusion, favorism, corruption, money laundering, human rights violations and cooking up the books scenarios such as the infamous Enron case (Kotler, 2002). The bylaws of the corporate which are part of its corporance governance framework are against such type of behavior generally speaking. If such a things happens between two floor workers the course of action a supervisor should take is simply separating the workers between division and areas of work to prevent labor efficiencies from occurring as a result of unnecessary socialization. The case at hand takes the rules to another level because the Boeing situation involved executive laborers at the peak of the chain of command. The fact that such individuals have so much power implies that there action affect all stakeholders thus social responsibility comes into play as an integral part of the equation. There are many stakeholders group whose company’s action are relevant and