An administrative law paper examining whether or not the Irish courts' approach to judicially reviewing discretionary administrative powers has been overly deferential to decision-makers.
Analytical Essay # 149067 |
2,386 words (
approx. 9.5 pages ) |
25 sources |
MLA | 2011
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Abstract
This paper examines the manner in which limitations to discretionary powers have been applied by the Irish courts, specifically, whether or not they have been too slow to step in where administrative bodies overstep the boundaries. This analysis addresses the three principles governing the control of discretionary powers; the requirement that discretion not be exercised improperly, the "reasonableness" requirement, and the balancing of fundamental rights.
Outline:
Introduction
Improper Exercise of Discretion
Reasonableness
Fundamental Rights and Proportionality
Conclusion
From the Paper
""Bad faith" as a ground of review is slightly problematic in so far as there is a "lack of uniformity in what is perceived to constitute 'bad faith' for this purpose." Indeed its existence as a separate ground of review has been questioned by Craig for this very reason. Nevertheless it has been accepted as a ground of review of its own right by the Irish courts in a small number of cases. In State (O'Mahoney) v. South Cork Board of Health the High Court, though not explicitly recognising the term "bad faith", nevertheless found that the Board's rejection of the applicant's application under a purchase scheme had been based on ill-feeling rather than the "grave reason" required. Generally speaking, though, there is hesitancy on the part of the Irish judiciary to review the acts of an administrative body on this ground, Henchy J going so far as to say that administrative jurisdictions "which do not disclose invalidity on their face, enjoy a presumption of having been made within jurisdiction." It is not wholly surprising, given the rather vague concept of "bad faith" that there would be a heavy burden on an applicant attempting to prove that an administrative body acted mala fides."
Tags:reasonableness, fundamental, rights, bad, faith, proportionality
An overview of the uses and abuses of police discretionary powers.
Persuasive Essay # 114117 |
1,278 words (
approx. 5.1 pages ) |
3 sources |
APA | 2009
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$ 25.95
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Abstract
The paper discusses how police discretionary decisions can result in the wrong decision at times and can allow police violence and abuse. The paper argues, however, that removing discretionary decisions from policing would create less critical thinking that could lead to even more overcrowding in jails and criminal justice facilities, leading to more public anger against the police and their methods. The paper contends that discretionary thinking leads to better decision-making in policing.
From the Paper
"Simply put, police discretion is the ability of police officers to make discretionary judgements on the job, for example, the decision to give a person a ticket for running a red light rather than giving them a warning. The office in the field has the ability to make a decision concerning the validity of a ticket or arrest, and weigh the seriousness of the crime with the consequences. An example of discretion would be an officer who stopped a person for running a red light, only to discover there was an injured person in the car, and the driver was trying to get to a hospital. In that case, the officer might forego a ticket, and actually help the driver by safely escorting he or she to the hospital. Discretion is the ability of the officer to make decisions according to the situation, rather than simply going strictly "by the book.""
Tags:decision-making, judgements, critical, thinking
British Columbia can develop its tourism market in Asia in 2008 to a degree not yet reached. This is a result of the increase in discretionary income in China, and the 2008 Beijing and 2010 Vancouver/Whistler Olympic Games. Whether British Columbia ...
Essay # 137684 |
1,250 words (
approx. 5 pages ) |
5 sources |
APA |
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Abstract
British Columbia can develop its tourism market in Asia in 2008 to a degree not yet reached. This is a result of the increase in discretionary income in China, and the 2008 Beijing and 2010 Vancouver/Whistler Olympic Games. Whether British Columbia will take full advantage of the opportunities presented to it is another question, as bureaucratic red tape may hinder the flexibility and capacity required to capture the Chinese imagination.
From the Paper
Summary British Columbia can develop its tourism market in Asia in 2008 to a degree not yet reached. This is a result of the increase in discretionary income in China, and the 2008 Beijing and 2010 Vancouver/Whistler Olympic Games. Whether British Columbia will take full advantage of the opportunities presented to it is another question, as bureaucratic red tape may hinder the flexibility and capacity required to capture the Chinese imagination. British Columbia's natural variations in geography and geology have created a tourist haven. Given all that British Columbia has to offer, it should not be a surprise that the Winter Olympics will
Tags:tourism, british, columbia
An analysis of Celesta Albonetti's 1986 study, "Criminality, Prosecutorial Screening, and Uncertainty: Toward a Theory of Discretionary Decision Making in Felony Case Processings".
Article Review # 104684 |
750 words (
approx. 3 pages ) |
1 source |
APA | 2008
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$ 16.95
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Abstract
In this paper, the author summarizes and analyzes Celesta Albonetti's 1986 study on the influences of prosecuting attorneys on pursuing felony persecutions after grand jury indictments, entitled "Criminality, Prosecutorial Screening, and Uncertainty: Toward a Theory of Discretionary Decision Making in Felony Case Processings". The paper then goes on to critique the findings of Albonetti's paper, one of which states that discretion is motivated by the professional and career interests of the attorney. The author concludes that although the study may need more current data to reinforce its conclusions, its hypothesis remains to be a relevant concern in criminal justice systems because it suggests a threat to the equitable application of the law.
Outline:
Introduction
Findings and Conclusions
Critique
From the Paper
"Celesta Albonetti (1986) studied the factors that influence prosecuting attorneys to pursue felony prosecution after grand jury indictments. The study was developed from several studies investigating the exercise of discretion in prosecutorial decision making. In addition there is also an interest in the mechanisms of uncertainty avoidance and in the efforts to establish standards of rationality in decision making. Under the perspectives of the study, from the discretion practiced on individual cases, insights to risk evaluation and rationality can be derived because they establish a pattern or routine that is used to determine the outcome of cases. Thus, by studying discretion patterns in determining the value of pursuing felony prosecutions, Albonetti suggests that the pattern of processing can also be established."
Tags:prosecution indictments motivations law criminal, justice
An examination of the programs aimed at balancing the budget. Includes background, spending cut options (discretionary, defense, entitlement), public support, politics and health care costs.
Essay # 21159 |
1,350 words (
approx. 5.4 pages ) |
6 sources |
1994
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$ 27.95
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From the Paper
" Deficit reduction moved to the top of America's public agenda in February 1993 when President Clinton laid out his economic plan. In a major speech to Congress that took the problem of the national debt seriously, President Clinton underscored his intention to encourage the nation to think long term. He described the kinds of sacrifices that will be necessary to reduce the deficit over the next five years, proposing a series of spending cuts and tax increases.
The purpose of this research is to examine the programs necessary to reduce the federal deficit and move towards a balanced budget. Emphasis will be given to examining the types of spending cuts available to the federal government for reducing the deficit. The relative contribution of these spending cuts toward balancing the federal budget will be also be assessed."
Examines theories, need for, alternative approaches to curtailing discretionary & divided govt., gridlock, bureaucracy, cultural war, public indifference.
Essay # 12643 |
1,575 words (
approx. 6.3 pages ) |
5 sources |
1997
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$ 30.95
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From the Paper
" Analysts have observed an increase among the electorate in both apathy and disaffection toward all levels of government. People have always complained about the bureaucracy they have to face when they have business with the government. They have always criticized programs which did not work and spending they feel is misdirected. They have also always been aware of governmental corruption and at times have been more or less willing to accept it as a given if not to tolerate it. In recent years, though, ethical questions have become more important as the public has become fed up with lapses in their bureaucratic structure. The perception is that government is beset by gridlock, incompetence, and corruption, and people have little patience with the corruption in particular. What is sought is a model of "bureaucratic responsibility" to deal with this issue.."
An analysis of the strengths and weaknesses of the research paper, "The Market Pricing of Accruals Quality", by Jennifer Francis, Ryan LaFond, Per Olsson, Katherine Schipper.
Term Paper # 100039 |
3,617 words (
approx. 14.5 pages ) |
10 sources |
MLA | 2007
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$ 60.95
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Abstract
This paper analyzes the theoretical and methodological strengths and weaknesses of the research paper, "The Market Pricing Of Accruals Quality" by Jennifer Francis, Ryan LaFond, Per Olsson, Katherine Schipper. The paper summarizes the strengths of the research and underlines the weaknesses of the empirical method. Finally, this paper discusses the limitations of the theoretical approach.
Table of Contents:
Synthesis Of Strengths
Accruals Quality Has An Impact On The Information Risk And The Cost Of Capital
Innate Accruals Quality Has A Larger Impact Than Discretionary Accruals Quality Has
Methodological Weaknesses
The Specific Sample Cannot Be Applied Generally
Hypotheses And Methods Are Questionable
There Are Variances Between Empirical Findings And Other Results
Theoretical Limitations
Only The Systematic Component Of Earning Quality Risk Contributes To The Equity Risk Premium
The Relation Between Accruals Quality And Cost Of Capital Depends On The Fundamental Risk
Accruals Quality Is Neither A Priced Risk Factor Nor A Determinant Of The Cost Of Capital
From the Paper
"In the paper Earnings quality and the equity risk premium: a benchmark model, Yee makes a distinction between the fundamental earnings and the reported earnings: the fundamental earnings are the accounting profits generating future dividend cash flows, while the reported earnings are the imperfect signal of fundamental earnings. He also makes the difference between the two sources of associated earnings risk: the fundamental risk and the earnings quality risk. The fundamental risk is the uncertainty of future dividends payments, whereas the earnings quality risk or information risk is the uncertainty that the reported earnings may not be announced quickly and precisely. Only the systematic components of earnings risk contribute to the equity risk premium, while all the components, either systematic or diversifiable, affect the earnings capitalization factors."
Tags:discretionary, capital, debt, equity
This paper analyzes the successful human resource management at JetBlue Airways.
Case Study # 111090 |
2,853 words (
approx. 11.4 pages ) |
3 sources |
APA | 2009
$ 50.95
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Abstract
The paper examines the human resources recruitment, performance appraisal, pay and benefits at the JetBlue airline. The paper uses JetBlue as a example of human resources playing an integral role in the success of the company.
Outline:
Equal Employment Opportunity Laws Impacting Jet Blue's Hiring Practices
Internal Recruitment Methods
External Recruiting Methods
Effects of Recruitment Methods on JetBlue's Recruitment Efforts
Personnel Selection and Goals
Factors That Influence a Performance Appraisal System
360- Degree Feedback Evaluation Advantages
Why Should JetBlue Adopt a 360-Degree Feedback Evaluation?
Employee-Related Factors that are Essential in Determining Financial Compensation
Discretionary Benefits
How JetBlue Has Incorporated Discretionary Benefits
Conclusion
From the Paper
"The Equal Employment Opportunity Laws gives a blueprint for the development of HR systems that are constant with legal requirements and make HR decisions that are legally defensible. JetBlue Airways has always been a company which implements equal race, gender and nationality policies. Various laws impacting the hiring practices of employers take place all over the country. Due to these laws which have been set in place to protect potential employees, and to protect their employers, such laws have been passed and amended to enhance the hiring of all organizations. Acts such as the Pregnancy Act of 1978, Americans with Disabilities act of 1990, the Uniformed Services Employment and Reemployment act of 1994, and the Immigration Reform and Control Act of 1996 are all laws that have been passed to protect the right of those who are seeking positions within an employer daily."
Tags:race, gender, rights, performance, appraisal, personnel, pay, benefits, 360-degree, evaluation
This paper discusses the execution of discretion in judgment among police officers in specific situations.
Term Paper # 55030 |
1,950 words (
approx. 7.8 pages ) |
4 sources |
APA | 2004
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$ 37.95
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Abstract
This paper explains that the problem of discretionary police judgment, in some cases, clearly leads to abuses of police power, even among police who are academically educated and have attended structured training in discretionary decision-making. The author points out that any time a police department uses racial profiling as part of a process to decide whom to stop, that practice requires judgment and discretion on the part of the officers. The paper reveals that police officers routinely choose whom to stop for traffic violations and how to deal with them once they have been stopped because they do not have time to stop everyone who commits a traffic violation; but the departments should have clear priorities about traffic violations, so that officers can be free to deal with more serious issues, such as reckless driving and incidents of road rage.
Table of Contents
Public Substance Abuse
Different Neighborhoods Handled Differently
Racial Profiling
Traffic Violations
Public Soliciting
Public Drunkenness
Domestic Abuse
Public Disturbances
Police Chases
From the Paper
"When William Bratton, former New York City Police Commissioner, was interviewed, he argued that different neighborhoods might want laws enforced differently. He argued that this was the basis for "community policing." He said that different communities want different kinds of crime made a priority. He used Harlem as an example, and said that in 1994 and 1995 they had to deal with drug dealing, prostitution, gaming, and other public crimes. He also said that after public street problems were under control the police were under pressure to make more arrests, which to Bratton didn't make sense (Newfield & Jacobson, 2000). However, it's hard to imagine any neighborhood that would be willing to have those crimes, when taking place in full view of the public, ignored. If the police target drug dealing say, in Harlem, more than, say, the Upper East Side, charges of racism would inevitably follow. While there may be a place for police discretion, it should not be up to the police officer on the street to decide which public crimes get ignored and which get dealt with."
Tags:drill, abuse, education, profiling, priority
This paper discusses the ABC accounting process, which evaluates and determines ways to improve the quality of financial decisions at the Department of Defense (DoD).
Essay # 47154 |
2,505 words (
approx. 10 pages ) |
5 sources |
APA | 2004
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$ 45.95
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Abstract
This paper explains that the Department of Defense (DoD), with more than $1 trillion in assets and a budget that accounts for about half of the federal government's discretionary funding, has a need for accurate accounting processes. The author points out that ABC captures quantified cost and time data and translates it into information for making decisions by measuring process and activity performance, by determining the cost of business process outputs, and by identifying opportunities to improve process efficiency and effectiveness. The paper concludes that the ultimate decision will be based on a blended action that minimizes cost and time, while creating a better outcome.
Table of Contents
Big Need for Accurate Accounting
ABC in the Military
Process Decision Example
Success Stories
NASA
Fleet and Industrial Supply Center (FISC)
Military Resistance to ABC?
Who Might Benefit in the DoD?
From the Paper
"In the 1990s, the RAND Corporation, including its defense-oriented federally funded research and development organizations, offered a better way for the DoD to pay for its purchases, one it thought would improve the interactions; after all, if a unit overspent in one year, then the next year it would be looking for lower prices. That meant that the organization it purchased from would experience a loss, or potentially could, which in turn could affect the service or product quality or delivery. However, the WCF arrangement bore the stamp of approval of the DoD Comptroller's office, which suggested that the WCF approach has saved "billions of dollars by providing managers with greater visibility into the costs of DoD support operations.""
Tags:rand, budget, time, cost, website, purchases