The Supreme Court And Government By The People Essays -

The Supreme Court And Government By The People Jason I. Explain the distinction between substance and process and the importance of the distinction for the issues discussed in this course. ?Over the past few years?the court?holding that henceforth, before it can be determined that you Are entitled to ?due process? at all, and thus necessarily before it can be decided what process is ? due,? you must show that what you have been deprived of amounts to a ?liberty interest? or perhaps a ?property interest.? (Ely, p.19) Just as a skilled magician will deliberately show his empty top hat to the audience right before he pulls a rabbit out by its ears, so was judicial review pulled out of thin air. Judicial review has opened the floodgates of substantive procedures in the courts, which refer to content based decisions made by judges, as a tool employed in matters of judicial review and has become the dominant means of legislating in areas which would not otherwise be open to legal re-interpretation. In essence substance refers to the ability and right of judges to employ their own values in rendering decisions concerning a case at hand or in the past, reflecting a non-interpretivist approach to legislating. Such decisions are grounded in the Substantive Due Process Clause of the Fourteenth Amendment (a doctrine created by Justice Taney in the Dred Scott case itself derived from the Fifth amendment), which ostensibly provides citizens protection from the state governments. Substance also refers to moral ity and decisions based on natural law as opposed to positivism. Process is at the heart of democracy because it reflects the legitimate method by which a community can enact laws in a system of representative democracy; to that end, the principal virtue of a process oriented political system is its independence of concurrent political, moral, or societal pressures. These issues are obviously paramount in studying social reform and the role of the courts (judges) as legislators or guardians of correct legislative practice. #2 Explain Ely's account of prejudice and the role it plays in his theory of judicial review. ?So stereotypes, at least in the ordinary sense of that term, are the inevitable stuff of legislation.?(Ely, p.156) Ely describes prejudice as a ?lens distorting reality,? that ?blinds us to overlapping interests which in fact exist.? In reference to the treatment of minorities and blacks in particular, prejudice in the legislative levels of government is the basis of laws which put a minority group without adequate, if any representation or voice at a disadvantage without reference to some worthy social goal and at the judicial level implies a consensus of ?solicitude' among the judiciary toward such ?discrete? and ?insular? groups within society. The other type of prejudice involves ?suspicious classifications,' or stereotypes that may disadvantage groups but still is within the boundaries of democracy; this type of classification is considered harmful by Ely when we consider the presence of undue stereotypes that are discovered in previous acts of legislation. Ely asserts a more interperetivist approach although he concedes the practical implausibility of such an approach because of the inabili ty of the constitution to forsee all possible situations. In the final analysis, Ely thinks in a representative democracy laws should agree with those values which are fundamental in the constitution (and surrounding historical documents) and which obligates, without undue discrimination obligates all to obey, despite a plurality of perspectives. Finally, Ely offers up that because matters of racial, sexual, moral and other prejudices are essentially primae facia in terms of what constitutes discrimination, a process-based model for the Supreme Court would be optimal, the only difficult being hard cases. #3 Explain Dworkin's critique of Ely's theory. ?In qny case, judicial review of the political processes only polices democracy; it does not seek to override it as judicial review of substance does?My point in this essay is that both ways end in failure, and in the same sort of failure.? (Dworkin, p.34) Dworkin called Ely's Democracy and Distrust ?interesting? and he obviously saw some merit in Ely's claims; however, Dworkin analyzed Ely's four main assertions and accepted only the first (that judicial review should be concerned with process legislation rather than the substantive decisions made by judges). Dworkin disagreed with Ely on his second

Online Business Issues

Online Business Issues Big Data and eBusiness Relevance Nowadays, more people get to know the term Big Data and try to understand its essence and make use of it to benefit in the chosen activities. According to Yin, Jiang, Lin, Luo, and Liu (2014), Big Data makes it possible to open a new era of science and human abilities to discover it through data-driven computing.  Many scientists and researchers offer their ideas on how to develop the Big Data paradigm and why people need pay more attention to this concept.Advertising We will write a custom report sample on Online Business Issues specifically for you for only $16.05 $11/page Learn More For example, Jao (2014), the CEO of one of the retention automation platform for eCommerce, admits that Big Data is beneficial from a variety of perspectives: it helps to improve business, choose the best advertising, decide on the marketing strategies, control customer retention, etc. It is hard to imagine the world of eBusiness, and eCommer ce in particular, without Big Data. Its impact remains to be huge, and the following examples can prove its urgency.  First of all, the organisation of information can be facilitated. For a long period, different companies have been challenged to collect, save, and keep data from different sources at one place. It was necessary to spend much time analysing each piece of the source chosen. Big Data helps to extract a certain value from data given (Nwokpoku 2015). People, who are involved in eBusiness, win a lot with Big Data concept due to the existing relevance by means of which people can combine data from browsers, social media, and different records and underline those ideas that become more important.  Secondly, Big Data provides business people with an opportunity to make decisions that are more informed and data-driven. The key features of this concept are variability, velocity, variety, and value (Gandomi Haider 2014). They show that each piece of information is a powerf ul combination of different credible facts that may touch upon different spheres of life and help people make fast and properly-grounded decisions. Such ability is necessary for the world of eBusiness; therefore, this relevance cannot be neglected in the analysis. Thirdly, the personalisation of information becomes possible with Big Data. Though some people may think that such general concept with a variety of sources can hardly promote privacy or similar issues, Big Data is created to help sellers observe the changes of users’/consumers’ behaviour and make the necessary connections to realise what can be done more to achieve more efficient results. Finally, it is wrong to believe that Big Data and eBusiness relevance is only about some positive aspects. All people, who are going to use it, should remember that Big Data is a complex mechanism that can work only for those, who know how to use it, when to stop or change a direction, and how to make the correct solutions. Big Data, as well as eCommerce, is a big world of information from different regions. It is so hard to get lost, and people should be ready for any challenge.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How to handle Big Data for a company As Chief Information Officer (CIO), I want to underline that it is not an easy task to handle Bib Data for any company. Each manager has to be ready to learn a lot and improve personal knowledge constantly because the majority of technical errors happen because of people, who make mistakes, not because of some technological glitches. I want to underline that Big Data should be treated in two different ways: on the one hand, it is a marketing term that involve people, their needs, interests, and offers; on the other hand, it is a technical term because it depends on technologies and the way they can work.  To benefit from Big Data, it is important to pay more attention to a company’s informative lifecycle process. It is not enough to check the quality of information; it is necessary to consider the insights and criticise them on a professional level. The company should have powerful leaders, who can set the goals clearly, choose the most talented managers, who can organise the work with information, and underline the importance of a company as a whole because Big Data is for a team not for one person (McAfee Brynjolfsson 2012). Impact of the Internet on Porter’s 5 Forces Model The sphere of eBusiness undergoes considerable changes because of the Internet and people’s burning desire to use it all the time. Still, the changes are not always positive. The Internet is one of the most unpredictable inventions on the earth, and it is hard to guess if it is a chance or a challenge. As many business models and strategies, Porter’s model undergoes certain changes as soon as the Internet spreads i ts power over people. Though Karagiannopoulos, Georgopoulos, and Nikolopoulos (2005) found out that the Internet did not promote significant changes, and this traditional model can be used for the examination of business and its peculiarities. Porter’s model is a powerful attempt to analyse the world of business with its threats of entrants and substitutes, power of buyers and suppliers, and rivalry that has been developing during a considerable period (Hax 2009). It helps to understand if the company is profitable enough for competitions and investments. The modern world of business depends on how its people can use Porter’s model and choose the most appropriate ways to succeed. At the same time, the modern eBusiness world has been dramatically changed because of the Internet and the opportunities available. Therefore, the impact of the Internet on the Five Competitive Forces remains to be crucial and cannot be controlled by those, who know a little about actual abili ties of the Internet.Advertising We will write a custom report sample on Online Business Issues specifically for you for only $16.05 $11/page Learn More All business students are provided with knowledge about the Internet’s direct impact on business. Though students spend much time learning and analysing the current opportunities and technological progress, they cannot understand how exactly this issue defines the quality of all work done. Not all business people are ready to compare the possibilities of the past with the possibilities of the future to make the correct decision today. Porter’s model is about the analysis, and if the Internet changes the compositions of the analysis, it will change the essence of the analysis itself. It is wrong to believe that no dramatic changes can happen to the model. It is inappropriate to believe that the change of one aspect can lead to the change of another aspect. It may happen that the Internet can in fluence the bargaining power of buyers or substitutes and has nothing to offer to change the threats of entry. Therefore, the analysis of each dimension is necessary. How the Internet Changes the Game The Internet has enough powers to impact business games modern people are so eager to play day by day and promote economic benefits (Bernard Souza 2009). Even if people do not want to agree with the fact that they are the players that can win or lose one day, all business people want to use their thinking abilities and chances to achieve more (Werbach Hunter 2012). Each dimension of Porter’s model changes because of the power of the Internet to business. The bargaining power of customers and buyers may be considerably increased due to a variety of information available through the Internet. The threat of new entrants and substitute products may be also changed, still, it is hard to predict what kind of changes can be. On the one hand, it is easier to enter a new market with th e Internet because there is no necessity to open a real store or business centre or something else (Morais, Pires, Moreira 2012). It is enough to create a captivating site and make people learn about their possibilities for the services offered. On the other hand, people can get access to many e-business companies that can offer the same services at more reasonable prices. Therefore, the level of substitutes and abilities of business players can be dramatic for each other. The peculiar feature of the Internet is its ability to create unexpected outcomes and influence the whole system in the most unpredictable way. And if Porter’s model has been always about something that is expected and can be explained, it cannot stay this way because of the Internet opportunities for people, who develop e-business.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The rivalry achieves a new stage because of the Internet as well. People have to think how to spread their services and offers globally. It is not enough to achieve some local benefits. It is more important to inform as many people as possible to underline the urgency and success of the chosen business. Reference List Bernard, RRS Souza, MP 2009, ‘Dominance in online business games competitions’, Developments in Business Simulation and Experiential Learning, 36, pp. 287-294. Gandomi, A Haider, M 2014, ‘Beyond the hype: big data concepts, methods, and analytics’, International Journal of Information Management, vol. 35, pp. 134-144. Hax, AC 2009, The Delta model: reinventing your business strategy, Springer Science Business Media, Cambridge, MA. Jao, J 2014, ‘Why big data is a must in ecommerce’, The Big Data Landscape. Web. Karagiannopoulos, G.D., Georgopoulos, N. and Nikolopoulos, K 2005, ‘Fathoming Porters five forces model in the in ternet era’, Info, vol. 7, no. 6, pp. 66 – 76. McAfee, A Brynjolfsson, E 2012, ‘Big Data: the management revolution’, Harvard Business Review. Web. Morais, EP, Pires, JA, Moreira, R 2012, ‘E-business maturity: constraints associated with their evolution’, Journal of Organizational Computing and Electronic Commerce, vol. 22, no. 3, pp. 280-300. Nwokpoku, J 2015, ‘Big data: driving e-business through open access’, Vanguard. Web. Werbach, K Hunter, D 2012, For the win: how game thinking can revolutionize your business, Wharton Digital Press, Philadelphia, PA. Yin, H, Jiang, Y, Luo, Y, Liu, Y 2014, ‘Big data: transforming the design philosophy of future internet’, IEEE Network Magazine, vol. 28, no. 4, pp. 14-19.