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Tuesday, January 31, 2012

Essay on Football

 Essay on Football

           Football is a popular spots played in many countries like the United States, Italy, Spain, Germany, Belgium, and in many countries in Asia.  The football is a game played between two opposing teams in which the goal is to carry the ball into the opposing team’s end zone.  The winner is determined based on the number of points at the end of the game.  There are several ways to score points in American football.  It could be done either by touchdown which is worth 6 points or by kicking the ball into the opponent’s goal post which is worth 1 point.  There is touchdown when a player is able to carry the goal directly to the opponent’s end zone.
            If the spectators will notice, football players wear protective gears every time they are out on the field.  These gears include the football helmets, jaw pads, mouth piece, chin strap, shoulder pads, thigh pads, hip and tailbone pads, knee pads and the cup for the groin area.  The reason is that it is a very dangerous sport.  The players are almost always tackled so it is necessary for them to have protective gears to avoid serious back injury, neck injury or leg injuries.
            In order to score points against the opponent, the player who is carrying the ball needs to be able to reach the other team’s end zone.  He is supposed to be the fastest runner in the team.  He needs the help of his teammates to block the opponents who try to tackle him.  The team which is on defense needs to stop the player from reaching their own end zone by tackling them.
            American football is a fun sport.  There are many individuals eagerly await the start of the football season.  They will either watch it on television or in the stadium where they can see their favorite players live. 

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Essay on Nationalism in Erich Fromm's "The Individual in the Chain of Illusion"

Nationalism in Erich Fromm “The Individual in the Chain of Illusion”
What are illusions? Illusions are things that people see which are not real but the people think of them as real.  It is like dipping a pencil on a glass full of water.  A person can see that the pencil bends though in reality it is still straight.  Illusions, therefore, are simply matters of perceiving things but they can be harmful to a person or to a society if they believe in the illusions and they act in the belief that the illusions are true.  Illusions can be dangerous.
What is the first step to breaking from illusions? The answer is to become aware that what we see are illusions and to know the difference between what is a mere illusion and what is a reality.
This is what Erich Fromm wanted to achieve.  He wanted to expose the illusion that enslaves man so that man can liberate himself and become free again.  He wanted to correct the people’s perception so that they can realize the folly of their actions.
In “The Individual in the Chain of Illusion”, Fromm stated the devastations brought about by the World War I to the society. Countless number of lives were lost. Soldiers lost their limbs. Innocent civilians lost a family member. Properties were destroyed. There was simply utter destruction.  Despite the lessons learned from World War I, World War II still happened.  Because of the improvement in the warfare and weapons, there were more lives lost.
Fromm revealed that though the majority was against war, the political leaders made going to war inevitable in view of the emphasis given to nationalism.  The leaders convinced the people that war was inevitable and that they need to show their love for their country by joining the war and protecting their nation against its enemies.
According to Fromm, “The Germans were persuaded that they were fighting for freedom, and so were their Western countries.” (p.329).  In the face of this illusion of nationalism, the importance of human suffering was lost.  People became obedient to their political leaders even if it was against their conscience.  Conformity to the political leaders led to the people to lose their individuality. 
Sometimes, it is necessary for a person to follow the shout of his conscience.  If he feels that whatever he is about to do is wrong then he should follow his heart regardless of whether the act is tantamount to disobedience of the political leaders.
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Friday, January 13, 2012

An Analysis on How Federal Policies Allegedly Violate Religious Expression

An Analysis on How Federal Policies Allegedly Restrict Religious Expression

Can one truly exercise freedom of religion notwithstanding restrictions on religious expression? Religious expression is a part of freedom of religion which is known as one of the basic elements of democracy.  The USA is believed to be a bastion of democracy and is expected to respect freedom of religion of all of its citizens. However, there are recent developments on federal policies which have been challenged by the Arbishop of Washington D.C on the ground that such policies certainly restrict religious expression.  One of these policies is the Obama administration's health care law that requires free contraceptive coverage in health care plans which is absolutely against the Catholic’s view on procreation and natural method of family planning.  Speaking on "Fox News Sunday, Cardinal Donald Wuerl said that "One of the things that our conference of bishop has done in response to some of the regulations and some of the difficulties that our Catholic institution are finding is to calls all of us to reflect again on the importance that in a pluralistic society, the importance of respecting the religious traditions, the religious freedom, the freedom of conscious of everyone”. ( D.C. Archbishop: Federal Policies Need to Respect Freedom of Expression. http://www.foxnews.com/politics/2011/12/25/dc-archbishop-federal-policies-need-to-respect-religious-expression/#ixzz1j3wzUnL5). 

Another issue which has become a challenge to religious expression is the denial of funding to the U.S. Conference of Catholic Bishops to help victims of human trafficking because the bishops refuse to refer victims of the slave trade to contraception or abortion services.  Cardinal Wuerl expressed that "The church has always been the public effort to meet issues like feeding the hungry, providing care for people in need, the homeless, that we would always be a part of that, and to do that today we need to be all the more respectful of the freedom of conscience, the freedom of religious expression of everyone of us”.  (D.C. Archbishop: Federal Policies Need to Respect Freedom of Expression. http://www.foxnews.com/politics/2011/12/25/dc-archbishop-federal-policies-need-to-respect-religious-expression/#ixzz1j3wzUnL5). 

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Although freedom of religion and religious expression are essential elements of democracy, the separation of church and state is an equally important component of democracy.  The state can formulate policies that cannot be questioned by the church as long as such policies are not an outright violation of freedom of religion. The law on free contraceptive coverage in health care policies does not restrict or prohibit the exercise the freedom of religion nor does it restrict religious expression.  The said policy merely encourages free choice among the citizens considering that the law does not in any way compel the people to use contraception. Therefore, it does not violate the freedom of expression nor restrict any exercise of religion.

Even the denial of funding to the Catholic Bishops to help human trafficking on the ground that the bishops refuse to refer victims of slave trade to contraception or abortion services is not also a restriction of freedom of religion.  If the funds have been disbursed at the discretion of the government, then the government can likewise deny such disbursement at any time for whatever reason. If bishops have the discretion to refuse to refer the victims of slave trade to contraception and abortion services, the state shall likewise recognize and respect such decision based on the right to exercise religious expression. But bishops shall also understand that the state has the obligation to protect the general welfare of the people including the victims of slave trade. All possible help shall be extended by the state to the victims and such assistance requires certain funding, for after all, contraception and abortion services, to some extent are allowed by law. 




Wednesday, January 11, 2012

Essay on Comparative Analysis of Southwest Air and EVA Air

I. Southwest Air

            In 1997, CNNMoney.com ranked Southwest Airlines Co. the number one in safety (Peter Keating, 1997, p.1).  With its continued emphasis on on-time flight arrivals and proper handing of bags and luggage and efficient service, Southwest Airlines continues to be one of the leaders in the Regional Airline Industry.  It is a domestic airline that provides comfortable air transportation service targeting both business and leisure travelers.  It boasts of having a profitable, highly efficient and high-quality airline with a schedule that fits the needs of its customers. 

            Southwest Airlines started in 1971 with just three Boeing 737 aircraft serving three Texas cities - Dallas, Houston, and San Antonio. Now, it is already the eighth largest carrier in the US famous for its frequent departures, low-cost and no-frills flights and operating 520 Boeing 737 aircrafts in 64 airports in 32 states across the United States.  It currently offers more than 3,400 flights per day all over the United States. 

            According to the Department of Transportation, Southwest Air remains to have the best cumulative Customer Satisfaction record among all carriers.  This is evident by the fact that Southwest Air continues to come up with ways to improve its service to its customers.  Recently, it changed its Customer boarding method which enhanced boarding process, improved customer experience giving the travelers opportunity to be more productive of their time while waiting for their flights without standing in line.  Moreover, Southwest has recently completed its Extreme Gate Makeover which includes innovations such as plusher seats, power stations for laptops, additional flat-screen TVs and other electronic equipment to improve its customer experience while traveling with Southwest Air.  Southwest also provides rewards to the frequent flyers consisting of automatic check in for their flights and inclusion in the A boarding group.  It does not therefore comes as a surprise that its customers increased by 5.8% from 2006 to 2007.  Below are the statistics passenger report from 2006 and 2007 indicating the number of paying passengers boarding Southwest Air as Appendix A: 
Appendix A
Consolidated Highlights (Dollars in Millions)
2007
2006
% change
Revenue Passengers Carried
88,713,472
83,814,823
5.8 %
Revenue Passenger Miles (RPM)s
72,318,812
67,691,289
6.8 %
Available seat miles
99,635,967
92,663,023
7.5 %
Passenger load factor
72.6 %
73.1 %
(0.5) pts.
Passenger revenue yield per RPM
13.08 ¢
12.93 ¢
1.2 %
Operating Revenue yield per ASM
9.90 ¢
9.81 ¢
0.9 %
Operating expenses per ASM
9.10 ¢
8.80 ¢
3.4 %
Size of Fleet at Yearend
520
481
8.1 %
Southwest Airline Co. Annual Report 2007


            Just like any other airline industry however, it experienced growth decline for the year 2000.  Among the reasons are the soaring prices of crude oil and increasing competition in the airline industry.  It must be stressed that the airline industry is a highly competitive industry where players have to compete in the following competitive factors: Fares; Customer Service; Costs; frequency and convenience of scheduling; Frequent flyer benefits; and Efficiency and productivity, including effective selection and use of aircraft.  Moreover competition is much stiffer considering that some major airlines have established extensive marketing or codesharing alliances including: including Northwest Airlines/Continental Airlines/Delta Air Lines; American Airlines/Alaska Airlines; and United Airlines/US Airways.  It bears stressing that these alliances among its competitors are more extensive that Southwest’s present arrangement with ATA airlines
            Below is the comparative data for Total Revenue, Gross Profit, Operating Income/Loss and Net Income for Southwest Air for the past 3 years as Appendix B.  It shows that there is substantial improvement on the part of Southwest Air for its operations from 2006 to 2007 as indicated in its income.  This could perhaps be attributed to the different ways it had come up to improve efficiency and performance
Appendix B
Fiscal Year
2007
2006
2005
Total Revenue
9,861,000  
9,086,000
7,584,000
Gross Profit
2,780,000 
2,775,000
2,493,000  
Operating Income or Loss
791,000 
934,000 
820,000  
Net Income
645,000  
499,000  
548,000 


            Below is the comparative table of historical stock prices of both Southwest Air and EVA Air.  It shows that since the year 2001 until 2009, there is substantial decline in the value of stocks of Southwest Air from 31.33 in January of 2001 to 7.03 in January of 2009.

Appendix C

January 2009
January 2008
January 2007
January 2006
January 2005
January 2004
January 2003
January 2002
January 2001
Southwest
Air
7.03
11.72
15.10
16.46
14.48
14.95
13.05
18.94
31.33
Eva Air

6.26
15.65
14.30
13.45
15.05
16.83
14.58
Values not available
Values not available


II. EVA Airways Corporation
            EVA Airways Corporation, on the other hand, is principally engaged in the business of providing international air transport passenger and cargo services throughout Asia, Europe, America, New Zealand and Australia.  Its air transportation services include regular flights and regular and irregular charter flights. It also provides air cargo, mail and package transportation services.  It currently flies passengers and cargo to 45 cities around the world.  It operates a mix of 52 jets which includes the recent purchase of 15 Boeing 777s.  The composition of its aircraft fleet is as follows: B747-400 (4), B747-400 Combi (8), B747-400 Freighter (6), MD-11 Freighter (9), MD-90 (5), B777-300ER (8), A330-200 (11), A320-200 (1). 
            EVA Air was first founded in March 1989 and made its maiden flight on July 1, 1991.  Since then, Eva Air has grown into one of the most competitive airlines in the industry with various alliances with major carriers word-wide that helped EVA Air acquire a far-reaching service network that benefits both passenger and cargo customers.  It is a 100% privately owned and a sister company to Evergreen Marine Corporation. 
            Promotion of safe and punctual flights, providing friendly professional services and maintaining innovative and efficient operations remain its stated missions.  Moreover, flight safety remains its top priority as evident with the use of its technologically advanced flight analysis equipment such as Aircraft Condition Monitoring System (ACMS) and Aircraft Communications Addressing & Reporting Systems (ACARS) to track aircraft operations, engine conditions and flight performance. 
            Below as Appendix D is the comparative table showing the Operating Revenue, Gross Profit, Operating Income, and Net Income for EVA Air from 2004 to 2007.  It shows that for the past years, EVA Air has been operating on a loss brought about by its high operating expenses and the slow economic growth.

Appendix D
Fiscal Year
2007
2006
2005
2004
Operating Revenue
93,103,131
93,903,564
88,518,249
82,655,351
Gross Profit
4,584,231
3,568,916
7,659,750
11,540,859
Operating Income
(2,274,420)
(3,337,784)
851,000
4,715,357
Net Income
(1,871,918)
(1,686,585)
1,326,060
3,242,935
Source: Company Profile, http://www.evaair.com/html/b2c/english/eva/Investor_service/Company_Profile/


            Below as Appendix F are the Passenger Data of EVA Air for 2007.  While the aviation industry suffered a major setback in the past year in view of the soaring oil prices and slow global economic growth, EVA Air managed to stay afloat in the business through aggressive marketing strategies.  This has resulted in the increase in the total number of passengers to 5.6% due to demand on European and American routes and an improvement of more than 1% for its loan factor from 77.39% to 75.11%.

Appendix F
Passenger Data for 2007
Number of Passengers Flown
6,181,006
Revenue Passenger Kilometer
24,226,325,937
Available Seat Kilometer
29,785,040,020
Load Factor
81.34%
Revenue(NTD)
 48,956,179,157
Source: Company Profile http://www.evaair.com/html/b2c/english/eva/Investor_service/Company_Profile/

           
            EVA Air estimates that for 2008 its passenger count shall reach 6.41 Million compared to the 6.18 Million for 2007 or a projected growth of 3.7%.  It hopes to achieve their target by introducing new aircrafts in the market which it projects will cause increase in the number of passengers and the strategic deployment of aircraft in key routes to meet market demand.  This strategy has been implemented in 2008 by extending its flight network to major cities in Europe, America and Asia.  Flights in these areas were also made more frequent and convenient to attract more customers. 

Conclusion
            Analysis of the foregoing data shows that both Southwest Air and EVA Air expect to rebound from a disappointing 2008 performance.  A comparison between the two companies show that they operate in different routes and provides different air transport services.  Southwest Air operates domestically while EVA Air operates both domestic and international.  Southwest Air only caters to passengers while EVA Air also provides cargo services.  They have one thing in common though.  They both suffered major setbacks in the past years as brought about by global economic slowdown and rising oil prices which severely affected their performance. Despite the economic difficulty, both companies have managed to weather the storm and remain in business.  However, I believe that EVA Air is expected to rebound faster because of its strategic alliance with key corporations.  As the economy is projected to improve in the coming years, it is to be expected that both companies will be able to recover in the coming years. 

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Essay on Plea Bargaining

Plea bargaining is essentially an agreement between the prosecutor and the accused in which the accused pleads guilty in exchange for a lesser sentence or a reduced charge.  It is a recognized procedure in the criminal justice system which aims to reduce the clogging of cases in court.  It is said that aside from the plea bargaining, the criminal justice system, state laws and the US Constitution provides the accused with different legal defenses which he can use to avoid conviction or to relieve him from criminal liability.  These defenses are negative defenses such as the denial of the crime or affirmative defenses such as by admitting the crime but alleging circumstances such as self-defense, insanity, provocation, violation of the right against unreasonable search and seizure, double jeopardy and even violation of the right against self-incrimination.  Despite the rights granted under the US Constitution in favor of the accused – right to be presumed innocent until guilt is proven beyond reasonable doubt; right to be tried by a jury; and the right to an impartial judge – the accused often relies on plea bargaining.  As a result, statistics say that majority of the cases now are being disposed by plea bargaining with only ten percent (10%) of the accused getting the benefits of their constitutional rights.        Whether the plea bargaining is advantageous or advantageous will normally depend on the unique and peculiar circumstances of the case and if he is the accused, the prosecution, the victim or the courts.  There is no hard-and-fast rule in determining who benefits and who does not benefit from plea bargaining. 
            For an accused who committed the crime and who thinks that the prosecution has gathered enough evidence against him to ensure his conviction, plea bargaining is a gift which he must take advantage of at the very first instance it was offered to him by the prosecution (p.287).  The reason is that for a person who is indeed guilty of the crime and who thinks that he cannot escape conviction because of overwhelming evidence, admitting to a lesser crime with lesser penalties will be the best scenario for him.  He gets the benefit of immediate disposition of his case since he no longer needs to hire lawyers to defend him in court.  While it is true that existing laws mandate that an accused should be defended by a public attorney in case he does not have a lawyer, the practical reality is that only paid lawyers can competently and adequately defend the accused and that public attorneys do not defend their client’s case to the best of their ability.  Moreover, the accused also gets the benefit of lesser time in prison as it is implicit in the arrangement that if he agrees to a lesser crime charged he shall be convicted to a lesser penalty.  If he behaves properly in prison his sentence may be further reduced for good behavior and he may find himself out of prison. 
            However, for an accused who did not commit the crime and who is innocent for the crime charged, availing of plea bargaining is not the best option for him.  Every person has rights.  It must be stressed that accusation is not synonymous with guilt.  It does not follow that he is guilty for the crime just because a criminal case was filed against him.  He is still entitled to the existing rights under the law such as the presumption of innocence, the right to due process, and the right to be heard in court.  In addition, even if the accused admits to committing the crime, there are other legal and valid defenses under the law which he can use to avoid conviction.  One of these defenses is the self-defense or defense of a relative which are valid defenses.  In these cases, even if a crime has committed the law justifies the action thereby relieving him from criminal liability.  Other defenses include excuse defenses such as insanity which relieves the accused from criminal liability because of lack of intelligence and intent on the pat of the accused at the time of the commission of the crime.  Moreover the US Constitution also provides for countless defenses which the accused may use to avoid conviction.  Among these rights are right against self-incrimination, the right against unreasonable search and seizure, the right to be informed of Miranda Rights, the right against ex post facto law, or the right against double jeopardy.  By agreeing to plea bargaining, the accused in effect is deprived of these rights to which he is entitled (p.286). 
            For the victim or the injured party or the relatives of the victim or the injured party, plea bargaining may be advantageous for them.  They get the benefit of immediate conviction without having to spend so much time, money and effort just so justice can be served.  Risk of losing case after years of trial is also avoided.  Moreover, the immediate disposition of their case helps in giving them closure which gives them the opportunity to finally move on with their lives and forget the crime. 
            For the prosecution, plea bargaining is advantageous for them.  They can the benefit of immediate conviction.  This conviction appears on their resume as a win for them.  If an accused agrees to plea bargaining, the case ends and for the prosecution they have done their job.  Risk of losing a case, if it proceeds to trial, is likewise avoided.  Moreover, disposing those cases where the accused is clearly guilty, gives them the opportunity to concentrate on other cases where issues of facts and issues of law are disputed. 
            For the courts, plea bargaining is definitely advantageous for them.  When an accused agrees to plea bargaining, conviction immediately follows.  The judge or jury does not have to spend time and effort in hearing cases in which the guilt of the accused is apparent.  It also helps in reducing the number of cases already filed in court.  This gives the judges more time to concentrate on other cases which are already pending in their court.  Experience has shown that in other cases which prohibits plea bargaining, the administration of justice suffers as court cases are clogged, trial is lengthened and more accused suffers.

Conclusion
            Plea bargaining is an evil in the criminal justice system but it is a necessary evil.  The system may be loathsome and obnoxious but it has become part of the criminal justice system.  Doing away with it will only cause more problems.  Over-reliance to plea bargaining is also not advisable.  It is suggested that plea bargaining of cases should be closely monitored so that only those cases which the guilt of the accused is clearly apparent should be subject of plea bargaining.