LSTD 510 American Public University State Doctrine of Action Stipulates Paper Writing Assignment Help. LSTD 510 American Public University State Doctrine of Action Stipulates Paper Writing Assignment Help.
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Respond to this question in regards to the below post:
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what is the interplay between individual rights of one person and the freedom of religion of another person? Please explain. |
- State Action Doctrine
The doctrine of state action is a general principle that stipulates that individual rights that the constitution guarantees apply only to public entities and not private bodies (Seidman, 2018). The Supreme Court of the United States affirmed that the general provisions of the constitutions should only apply to the actions that government bodies and agencies have perpetuated. This doctrine implies that the protection that the constitution provides through the various amendments are not enforceable against private persons unless there is a federal or state law that prohibits such conduct. The doctrine of state action generally serves two functions. First, the theory seeks to safeguard the liberties of individual people by ensuring that general constitutional principles do not curtail the autonomy of persons who are acting in a private capacity. The American nation is built on the foundation of individual liberty, and the core facet of this principle is to limit the extent of government intervention in the private life of individuals. Additionally, the doctrine seeks to ensure that there is a limit on the extent to which the federal government can interfere with the mandate of state governments. If federalism is to function smoothly in America, then the scope of the federal court’s interference with the state governments ought to be construed narrowly. Such construction operationalizes the concept of separation of powers.
While the doctrine has reasonable justifications, it poses a severe threat to the individual liberties that the United States of America ought to protect. It raises serious questions whereby one may not have a cause of action for infringements on their rights merely because such travesty occurred in private spaces. Differentiating private matters from public concerns is an arduous task, and the generalities of the doctrine of state add further complications. It is unfair for a person to be denied judicial harm when he or she has a claim against an individual, yet the same request would have sufficed if the same conduct was perpetrated by the state or its agencies (Macias, 2016). In a bid to clear up some of these issues, the courts have contemplated circumstances that can be construed as exceptions to the general rule. The first category concerns individuals or private entities that carry out public functions. Even though one is a private entity, he or it should bear the same obligations as the state if it performs activities that would conventionally fall within the scope of the government’s responsibilities. For instance, if a local government delegates the function of providing water to a private company, then that corporate body shall assume the liabilities that come with those functions. The second exception comes under the principle of entanglement. Under this provision, a private entity is deemed to bear the same responsibilities as a state if the two have gotten into a partnership or interdependent relationship that logically demands the two to be considered as jointly conducting certain activities. Masterpiece Cakeshop was thus exercising its autonomy in deciding who it would deal with and the people to whom it would not lend its services.
References
Macias, S. J. (2016). State Action Doctrine and Public Administration. In Global Encyclopedia of Public Administration, Public Policy, and Governance (pp. 1–6). Springer, Cham.
Seidman, L. M. (2018). State Action and the Constitution’s Middle Band. Mich. L. Rev., 117, 1.
News Article
One of the most famous cases concerning state action in the recent past is the case of Masterpiece Cakeshop. In this instance, a gay couple made a cake order from Masterpiece, a Christian business establishment in 2012 (“Top US court backs baker’s gay cake snub,” 2018). When the couple went to collect their cake at the entity’s business premises, the baker refused to provide them with the cake. Instead, he categorically told them that the bakery was not in the business of supplying cakes to gay couples because such unions offended their Christian beliefs. The couple was aggrieved and felt that their rights to equal treatment were violated through the application of adverse differential treatment because of their sexual orientation.
In applying the state doctrine to the issues raised by the gay couple, it is apparent that the principles are applicable. Masterpiece Cakeshop is a private business, and therefore, it does not fall under the purview of constitutional limitations. In this instance, Masterpiece was not discharging a function of public nature, nor was it working so close in tandem with the state such that it was entangled with the state agency. Under the doctrine of state action, the constitutional restrictions on infringement of rights do not apply to private persons or entities (Mathews, 2017). Therefore, the Cakeshop’s decision was, technically, correct in the eyes of the law because it was not discharging public functions.
The complainants raise legitimate concerns about the violation of their rights. In this instance, the Masterpiece Cakeshop had already made them a cake upon making their order. It was only on turning up together to collect the cake that the baker noted they were a gay couple and refused to serve them. Mr. Phillips, the owner of Masterpiece Cakeshop, clarified that sanctioning such a sale would amount endorsing an act that was contrary to his beliefs (“Top US court backs baker’s gay cake snub,” 2018). To add insult to injury, Mr. Phillips offered them other products like biscuits and birthday cakes. The whole situation reeks of homophobia and discrimination based on one’s sexual orientation. The fourteenth amendment of the constitution grants equal rights to all persons, and if this provision was to be construed holistically, then gay people are no exception. The only reason for the baker’s refusal to sell them a cake was their gay relationship, and it is indisputable that the business would have happily sold the cake to a heterosexual couple. The case is very problematic because it lays bare the soft underbelly of the doctrine of state action. It is inhumane and disparaging for a person to be denied service in commercial establishment merely because he or she is gay or transgender. There is a significant disconnect in how the state implements vertical rights vis-à-vis horizontal ones. Although the doctrine of state action generally upholds individual liberty and autonomy, it attracts severe criticisms in instances where there is fierce competition between constitutional freedoms and individual rights. It poses serious challenges where state inaction leaves persons whose rights are infringed without any legal recourse. It is an oxymoron to protect the right of an infringer at the expense of his or her victim. The phenomenon implies less protection of individuals.
References
Mathews, J. (2017). State Action Doctrine and the Logic of Constitutional Containment (SSRN Scholarly Paper ID 2956414). Social Science Research Network. https://papers.ssrn.com/abstract=2956414
Top US court backs baker’s gay cake snub. (2018, June 4). BBC News. https://www.bbc.com/news/world-us-canada-44361162
LSTD 510 American Public University State Doctrine of Action Stipulates Paper Writing Assignment Help[supanova_question]
ACCT 402 Saudi Electronic University ERP System & Account Information System Paper Business Finance Assignment Help
Question 1:
Khan Corporation is a midsize, privately owned, industrial instrument manufacturer supplying precision equipment to manufacturers in the Midwest. The corporation is 10 years old and uses an integrated ERP system. The administrative offices are located in a downtown building and the production, shipping, and receiving departments are housed in a renovated warehouse a few blocks away.
Customers place orders on the company’s website, by fax, or by telephone. All sales are on credit, FOB destination. During the past year sales have increased dramatically, but 15% of credit sales have had to written off as uncollectible, including several large online orders to first-time customers who denied ordering or receiving the merchandise.
Customer orders are picked and sent to the warehouse, where they are placed near the loading dock in alphabetical sequence by customer name. The loading dock is used both for outgoing shipments to customers and to receive incoming deliveries. There are ten to twenty incoming deliveries every day, from a variety of sources.
The increased volume of sales has resulted in a number of errors in which customers were sent the wrong items. There have also been some delays in shipping because items that supposedly were in stock could not be found in the warehouse. Although a perpetual inventory is maintained, there has not been a physical count of inventory for two years. When an item is missing, the warehouse staff writes the information down in log book. Once a week, the warehouse staff uses the log book to update the inventory records.
The system is configured to prepare the sales invoice only after shipping employees enter the actual quantities sent to a customer, thereby ensuring that customers are billed only for items actually sent and not for anything on back order.
Questions:
a. Identify at least three weaknesses in Khan Corporation’s revenue cycle activities.[2 points]
b. Describe the problem resulting from each weakness. [2 point]
c. Recommend control procedures that should be added to the system to correct the weakness.
[2 point]
Question 2:
What are the advantages of the REA data model over the traditional AIS model?
Question 3:
Identify and discuss two methods of production planning.
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LAS 432 DeVry University Week 4 Solar Power Ethics & Color Coded Worksheet Humanities Assignment Help
The purpose of a proposal is to create a trajectory for your Course Project and develop foundational ideas to help your team move forward. You will begin by answering a few key framing questions and will then complete your Developed Outline. Each team member must complete his or her own part of the outline and contribute to the framing of the outline with the introduction and conclusion sections.
Your Developed Outline will be presented as a sentence outline. As the name suggests, the sentence outline presents complete thoughts in complete sentences as opposed to phrases. In each section of the outline, highlight ideas that help support the team thesis and provide a clear idea of the contents of each subsection. Use your research and discussions with your team to help develop your section of the outline. Collaborate to help finalize the introduction and conclusion sections as a team.
Use a complete sentence to provide the response to each of the questions presented in the Developed Outline Template. Use APA documentation for the final section of the outline to document any sources referenced in your proposal. Remember to put at least two items at any given level of the outline, as shown in this template.
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ACCT 302 Exchange Rates Between Kenya and the United States Report Business Finance Assignment Help
As per the instructions of the Department, a short project is given to you as a compensation of 5 Marks of the Mid Term Exam.
Instructions to complete the project:
- Take the exchange rates of two different nations at two different time intervals and determine the DER and IER with reference to one country.
- Discuss the impact on import due to changes in the exchange rate upon any one nation.
- Also discuss the impact on export due to change in the exchange rate upon the same nation.
- Discuss the strength or weakness of one currency over the period of time with reference to other currency.
Note: The currency and time are to be chosen by all the students independently, therefore the results will be different from one another. Don’t try to copy and paste. It will not be accepted and bring you a zero mark.
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Parental Environment Moral Responsibility Indeterminism and Rationality Paper Writing Assignment Help
You will type three “essays” (or “long answers” ) to three of the following questions. Two of the questions are worth 67 points and one will be worth 66 points (for a total of 200 points). Choose THREE of the following passages to write about (type). Read the passages carefully. When you answer the questions base your answers COMPLETELY on the passages in the book. Do not consult outside sources. Also, do not waste time talking about the biography of the philosopher. Get right to the point and answer the question.. Your grade for each question will be based on how thoroughly you answer the question and how clearly your express your ideas. The following page numbers refer to the tenth edition of Introducing Philosophy, ed. by Robert Solomon. If you are using a different edition the page numbers will be different.
When you answer the questions try to cover as many important points as you can within the space of 300-400 words. Each of your answer should be at least 300 words in length. All of these passages can easily be found on-line.
1. Read Descartes’ First and Second Meditations (pages 187-193) in our book. Question: Why is Descartes concerned with refuting skepticism and how does he go about refuting it? Base your answer on the First Meditation and the first part of the Second Meditation where he gains certainty. As part of your answer discuss the various stages of his argument. I mentioned five stages in my lecture on Descartes (the five points of the “M” where I used the “M” to stand for the “murder” of certainty.
2. Read the selection from Locke on pages 202-208 from his “Essay Concerning Human Understanding”. Explain Locke’s of substance as clearly and thoroughly as you can. The passage begins: “Concerning the simple ideas ofo Sensation, it is to be considred–that whatsoever is so constituted in nature as to be blae, by affecting our senses, to cause any perception in the mind, doth thereby produce in the understanding a simple idea; which, whatever be the external cause of it . . . “
3. Berkeley, pages 209-216. The passage begins: “It is evident to any one who takes a survey of the objects of human knowledge, that they are either ideas actually imprinted on the senses, or else such as are perceived by attending to . . .” Question: Explain Berkeley’s view of substance and explain how he relates his view of substance to God.
4. Hume, Read pages 209-216 from Hume’s “Treatise Concerning the Principles of Human Understanding.” Question: Explain Hume’s critique of causality and induction.. As part of your answer discuss Hume’ Fork and clearly explain the logical steps in his argument. When you are discussing his critique of causality you must also discuss his critique of induction.
5. John Locke on personal identity versus Hume on self-identity. Read pages 289-296). Question: Clearly explain Locke’s view of self-identity and Hume’s view and make it clear how the two views differ from each other.
6. Sartre on Radical Freedom. Read pages 436-439. Question: Explain Sartre’s view of freedom
7. Colin McGinn, on “the Mystery of Consciousness”, 369-72. Question: Explain Colin McGinn’s argument that consciousness will always remain a “mystery.”
NOTE: Do NOT choose one of these questions if you are writing your final typed essay (1250 words) on the topic.
IMPORTANT: You need to email me your answers to three of the above questions by Thursday, March 26. You can, of course, email me the answers before March 26–whenever you finish them you should email them to me.
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Here are the topics for your FINAL ESSAY (1250-1500 words, typed). Due on March 26, Thursday.
Your essay should be typed, double-spaced, and titled. It should include at least five short quotations (from the selection you are discussing) and the quotatioins should be integrated into your own sentences. Do not quote the editors of the book or Wikipedia or any other secondary source.
Provide page references and a Works Cited page at the end of your essay so I can check the quotation if I want to.
1. Explain John Searle’s Chinese Room argument and discuss one essay (or section of a work) that criticizes Searle’s argument. You might want to consider Steven Pinker’s argument against Searle in his book “How the Mind Works” (pages 93-93). After explaining exactly what the debate is all about, offer your own solution to the matter.
2. Read Edmund Gettier’s short essay entitled “Is Justified True Belieef Knowledge” (you can download it on the internet) and explain his argument and offer your own evaluation of whether it is a good argument. You might want to read what some other philosopher thinks about his argument (you can find responses on Google).
3. .Do we have free will? Read a few selctions from the chapter on free will in our book and offer your own solution of free will. Make sure you read what John Stuart Mill (who advocates “soft determinism”), John Hospers (“hard determinism”) and Kant and Sartre (both believe in radical free will) have to say on the matter.
4. Who is Schwanda? Read Meredith Michael’s essay (pages 300-303) and then write an essay in which you answer the question “Who is Schanda?” In your answer to the question you should demonstrate your knowledge of Descartes, Locke, Hume, Kant and Aristotle on the issue of self-identity.
5. Bertrand Russell versus Richard Rorty on the nature of Truth. Read Rorty’s essay “Solidarity or Objectivity” (255-259) and Russell’s essay “The Problems of Philosophy” (265-269). Explain the difference between their views on knowledge.
6. Pick a chapter from Jim Holt’s book “Why Does the World Exist” (which I assigned, but did not make it a requirement to read) and explain what the chapter is about and what your own thoughts are on what he says.
7. What question did you personally find most interesting of all the questions that were raised in the course? Explain why you find the question interesting and how the readings helped you to make sense of how to answer the question.
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Georgia Military College Imaging Techniques Discussion Questions Humanities Assignment Help
Imaging Techniques Discussion Forum 2.1
Before the advent of modern imaging techniques, scientists and clinicians relied on autopsies of people who suffered brain injury with resultant change in behavior to determine how different areas of the brain were affected. What are some of the limitations association with this kind of approach? How does it differ in terms of modern approaches?
The Brain As a ‘Computer’ Discussion Forum 2.2
There is an idea that the brain functions similar to a computer. Based on what you’ve read so far, which brain functions do you think would computers be the best at imitating? What about the worst at imitating?
Reaction Rate Discussion Forum
What is the difference between reaction rate, rate law, and reaction order?
1. You need to respond to my questions and to at least four classmates substantially over three days in a manner that furthers the discussion. Some ideas for responses might be:
2. Go a step further and describe the ways in which reaction rate can be expressed, including units and or equations.
3. Give specific examples of rate law expressions and explain why the reaction order is first, second or third, with respect to each reactant(s.)
Collision Theory Discussion Forum
What is collision theory?
1. You need to respond to my questions and to at least four classmates substantially over three days in a manner that furthers the discussion. Some ideas for responses might be:
2. Go a step further by explaining in terms of collision theory, explain how temperature, concentration, activation energy, and molecular orientation affect the reaction rate of a chemical equation.
3. Give specific examples of chemical reactions and state the changes that occur when one of the above properties changes.
Georgia Military College Imaging Techniques Discussion Questions Humanities Assignment Help[supanova_question]
FU Human Beings Are Somehow the Products of Their Immediate Environments Discussion Writing Assignment Help
Must be one (1) page or less per chapter including an analysis, single spaced, 12 font.
Chapter 1 Writing Assignment
You are a campus police officer at Faulkner University. Your chief directs you to write traffic tickets to everyone who uses the wrong lane to exit campus after a series of three accidents, one with injury, occurred at the exit. After writing six tickets the first day, you pull over a nice SUV which turns out to be a member of the Board of Trustees. She says, “You know as a Trustee, I also choose to donate a lot of money to this university. In fact, that body armor you’re wearing was purchased with my year end donation. You’re gonna give me a warning aren’t you?”
What Choices do you have?
Ethics, dilemmas, discretion, and issues facing these factors are at the core root of many Criminal Justice related decisions. Outside the Criminal Justice field, ethical decisions may only affect an organization’s division or possibly the entire company, but inside the Criminal Justice field, ethical decisions can affect thousands of people and can change policies, procedures, and even case law. Everyone has their own personal beliefs and values, and sometimes those beliefs and values affect their discretion and decisions.
Explain your choices in this scenario by addressing the following:
Discuss the variety of ethical dilemmas a police officer may encounter. In what situation might it be acceptable for an officer to behave unethically?
In what situations might an officer’s adherence to ethics turn out poorly for them and/or their community or department?
If you were a police officer, how would you ensure your high level of ethics in this scenario? Explain your position(s).
Chapter 2 Writing Assignment
You work part time providing security and as a traffic accident investigator for a large law firm. One of the junior partners asks you to drive him to court in Mobile because he put down the wrong time for a hearing on his calendar. Your already going 75 on I-65 between Greenville and Evergreen in a light rain when he says, “Don’t tell anyone I’m asking you to do this, but if you will speed up to 95, I’ll get there in time, I won’t get in trouble with the partners, and I’ll tip you a $100.” While you are parked waiting on him outside your car by the courthouse, a senior partner from the Montgomery office walks by from the parking lot, sees you and says, “Was that you that passed me going at least 90 MPH just below Evergreen? Why were you flying so fast to get here?”
Most of us were taught right and wrong from a parent, sibling, friend, teacher, or other family members. We all have a framework for our value system, moral behavior, principles, and how we live our lives. Our system of beliefs is influenced by those around us, our religious beliefs, our education, and our workplace. We all want to be treated fairly and with respect. Our moral system and beliefs determine how we treat people and react to a variety of situations in the Criminal Justice field. Explain your choices in this scenario by addressing the following:
Discuss the balance between making the moral decision and maintaining good relationships with your coworkers. Which do you feel often holds the most weight? In what situations do you think making the moral decision is the better choice? In what situation is it not?
Discuss the strategies you would take when you make the moral decision and risk being labeled a “rat” by your coworkers.
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NUR 621 Ashford University Economic Theories and Models in Health Care Worksheet Business Finance Assignment Help
Complete the “NUR-621 Economic Theories and Models in Health Care” worksheet. This assignment explores the efficiency and components of current health care models.
Your responses should be based on evidence. Include references to your textbook and one scholarly article.
While APA style is not required for the body of this assignment, solid academic writing is expected, and documentation of sources should be presented using APA formatting guidelines, which can be found in the APA Style Guide, located in the Student Success Center.
You are required to submit this assignment to LopesWrite
Text Book (Textbook: Penner, S. J. (2017). Economics and financial management for nurses and nurse leaders (3rd ed.). New York, NY: Springer Publishing. ISBN-13: 9780826160010)
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Saudi Electronic Strategic Orientation & Group Level Diagnostic Model Paper Business Finance Assignment Help
- Q.1. (1.5 marks) (Lo 2.9)
- Q.2 Explain why it is important for a group design to be congruent with the larger organization design. Support your answer using an example from this case study (1.5 marks) (Lo 1.5 & 3.1)
- Q.3 Based on your understanding of the group-level diagnostic model, describe and evaluate each of the Ortiv’s team design components:
- Q.4 Discuss how the group design of Ortiv’s Glass Corporation could positively or negatively impacts on the diagnosis of design components at the individual level. (2 Marks) (Lo 2.9)
– Goal clarity (1 mark) (Lo 2.5)
– Task structure (1 mark) (Lo 2.5)
– Team functioning (1 mark) (Lo 2.5)
– Group composition (1 mark) (Lo 2.5)
– Group norms (1 mark) (Lo 2.5)
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Chamberlain University Soap Note for Abdominal Pain Kim Merrick Case Study Health Medical Assignment Help
This activity will apply information learned from the Primary Care I gastrointestinal modules to care for a patient with a specific complaint utilizing the DXR simulation program.
Log in for the activity:
The convention for usernames / pw is:
log in: ivalerio
Password: Regis234
Objectives for this activity include:
- Elicit a focused history for patient with a gastrointestinal complaint.
- Selects exams appropriate to the patient presenting with a gastrointestinal complaint and correctly interprets findings.
- List appropriate differential diagnoses for a variety of gastrointestinal related presentations.
- Present a plan of care appropriate to the patient presenting with a gastrointestinal disorder.
- Complete a written note documenting care for the simulation patient.
- Review the learning materials for the gastrointestinal modules prior to beginning this simulation activity. Subjective and physical examination data will be gathered using the DXR program.
You will then formulate your differential diagnoses list, develop a plan of care, and submit a written clinic note documenting your care of this patient. Your differential diagnoses list should consist of 4 diagnoses, including 1 of which is your final diagnosis.
Please briefly describe your rationale and reasoning for why you would include or rule out a diagnosis in your working diagnosis list. What information from the subjective or physical examination is indicative of that diagnosis? Provide references for your rationale.
The SOAP Note Rubric will be used to grade your submitted note.
Use soap note attached, remember the cardiac case study for this. It needs to
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