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Wednesday, July 30, 2014

Essay on Ratio Analysis of PJ Ventures, Inc.




Ratio Analysis of PJ Ventures Inc

Aside from looking at the figures reflected on the balance sheet and income statement, PJ Ventures Inc.’s management perform the financial ratio analysis to inspect how each components of the financial statement correlates with one another. The management believes that although the operation resulted to a net income, they still have to evaluate the overall profitability, stability, financial capacity, and efficiency of strategies the management has employed during the year. After conducting the calculation, PJ Ventures has obtained the following results, which define the overall performance of the company.

PV Ventures Inc.
Ratio Analysis
Profitability Indicators
Gross Margin 48.48%
Net Margin 21.17%
Return on Assets 16.97%
Return on Equity 31.38%
Liquidity Indicators
Current Ratio 2.43 : 1
Quick Ratio 1.83 : 1
Financial Leverage Indicators
Debt Ratio .41 : 1
Debt-to-Equity Ratio .85 : 1
Fixed Asset-to-Equity Ratio .69 : 1
Management Efficiency Indicators
Total Asset Turnover 0.8
Receivables Turnover 3.9
Days' Receivables 94 days
Inventory Turnover 2.68
Days' Inventory 136 days
Fixed Asset Turnover 2.15

In terms of profitability, PJ Ventures Inc. is doing well. The gross margin ratio is almost half of the revenues generated for the past year, while the net margin ratio is more than 20%. The company has managed to utilize its assets and equity in making sales, and as a result of well-managed resources, PJ Ventures return on assets and equity are of high percentage.

In addition, PJ Ventures is a liquid company as shown on its current and quick ratio. It means that the company has sufficient fund to pay its current debts. PJ can easily converts its assets into cash and finance unexpected expenses.

Meanwhile, creditors and stockholders have a better position trusting PJ Ventures. It is because the company is very solvent, which means having the capacity to repay long-term debt. The company is financially solvent, and has a very balance financing resources. 45% of the company’s finances were from its creditors, while shareholders contribute 55% of the total assets. Also, the total resources of the company are 69% assets and 31% shareholders’ equity. It means that the company is using an asset-based operation method in making sales and income. on the company’s sales and collection strategies. Most of their collectibles remain on record for 94 days. Having a longer collection period can hamper the company’s growth and can result in cash shortage because much of the sales are uncollected for more than three month. If PJ Venture wants to expand and improve its financial wealth, the management needs to revisit its credit and collection policies and develop strategies that will improve cash collection. Moreover, the company needs to improve its selling technique because their inventory stays on the shelf for more 136 days. The inventory movement is too slow which can mean flaws on how PJ advertise their products. The management can devise marketing scheme to attract more buyers in order to maximize their profitability.


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Essay on Financial Ratio Analysis



                                             Overview of the Financial Ratio Analysis

Financial statement such as the balance sheet, income statement, and cash flow statement are significant tolls that various users utilize in making economic decisions. Among these users is the management who would want to know if the business is earning profit or losing money. For the publicly listed companies whose shares are traded in the stock market, figures on the financial reports are crucial for them in deciding whether to buy or sell shares of stocks. However, data included on the financial reports are raw, meaning, they only represents single data and do not reflect a comparative view of the overall performance of the company. Therefore, it would wise to perform a financial ratio analysis using the figures from different financial statement.

Financial ratio analysis is a decision-making tool that defines the relationship of all the financial statements and their components to one another. In performing ratio calculation, management and investor can take a glimpse on how each component affect the overall financial condition of the company. Research analyst and stock market advisors uses financial ratio to predict the strength and weakness of a company, thus, enabling them to forecast the possible trading direction of specific stocks. In addition, ratio analysis reflects how the company performs against the industry and its competitors.

However, to be effective, results of the ratio analysis must be comparative. It means that the results must be compared against the company’s previous results, against the ratio of the rival companies, or against the industry norm. The reason is that the main objective of conducting the ratio analysis is to evaluate the success of the company, and, on the other hand, identity the weaknesses that causes loses or decline.

Ratio are group into four, and the classification is based on the key factors that affects the overall performance of the company namely liquidity, profitability, solvency, and management efficiency.

Liquidity ratios measure the ability of an entity to pay current obligations and finance unexpected expenses. It shows the relationship between various balance sheet accounts to one another. Companies that have high liquidity ratios are more likely to have sufficient funds for its continuous operation. Current ratio, acid-test or quick ratio, and working capital ratio belongs to this group.

Profitability ratios on the other hand evaluate how the organization turns sales into net income. It is an income statement ratio because it defines how each component in the income statement affects the earning capacity of the company. Organization that is applying for finances such as bank loan would like to have a positive and better profitability ratio. Gross profit margin and net margin are some of the basic profitability ratios.

Next group is the solvency ratios, which indicates the capacity of the company to sustain normal operation on long-term basis. It reflects how the entity would likely to survive long-term risk and to pay long-term obligations including interest for any loans. Solvency ratio is significant for creditors and shareholders because most of the resulting figures would indicate if the company will able to pay long-term debts and if the company can pay dividends to their stockholders. Debt ratio, fixed asset-to-equity ratio, times interest earned and debt-to-asset ratio belongs to this category.


Last group is the efficiency ratio, which reflects the overall management efficiency in converting its assets and capital into sales and income. Efficiency ratio is both a balance sheet and income statement ratio because it uses different components of both the statement in evaluating management effectiveness. It also measures the success of various business strategies employed by the management such as the credit and collection policy, inventory maintenance standards, and payment to suppliers program. Included in this group is the inventory turnover, receivables turnover, total asset turnover, and fixed asset turnover.


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Thursday, July 24, 2014

Individualism and Self-Interest According to Alexis de Tocqueville


Individualism and Self-Interest According to Alexis de Tocqueville
The concept of individualism and self-interest was discussed on the last sections of de Tocqueville’s Democracy in America. Accordingly, these concepts conjure the image of the 20th century United States, where self-interest, isolation, and despair exist within the society, serving as contributing factors to the development of despotism and tyranny. But how did de Tocqueville actually came up with these ideas on his book? This is the question that this paper seeks to answer by discussing the dynamics of self-interest and individualism according to the interpretation of the author.

 In order to further understand the author’s explanations, it is important to define the central themes of self-interest and individualism first. Individualism is the assertion of one’s own personality and will, but for de Tocqueville, individualism has a deeper meaning; it is a feeling of calmness which could dispose a citizen into isolating himself from the majority of the community, including family and friends. We can see that self-interest for de Tocqueville has a very different meaning, but what made his definition interesting is that he linked it with how the aristocratic responsibilities and dependencies affect the image of society in the 19th century United States (507). De Tocqueville stated that aristocracy, just like how tyranny and despotism works, could encourage other members of the society to withdraw from the masses and to support themselves individually. This concept undermines the goals of a participatory government, mainly because the community is afraid that aristocracy could bring something more than just ruling and creating laws for the people.

Self-interest, on the other hand, is the outcome of individualism, according to de Tocqueville. But self-interest has both negative and positive effects for the society. For one, it could result to non-enlightenment and unawareness, which is very close to being selfish in the long run (525). But when self-interest is properly understood, it could bring about change in the society, by knowing the difference between what is good for the general public and what is not. Self-interest, therefore, is a learned behavior that could be constructive and destructive at the same time – it can create virtue to foster self-advantage, which is very important in a democratic country like the United States. Virtue is what makes people outstand among the others when it comes to making decisions for the benefit of everyone, and not just for the unenlightened self-interest of some (526).

One important relationship of self-interest and individualism to the American democracy, according to de Tocqueville, is that it allows various political powers to be constructed. But these powers could either be positive or negative, depending on the interpretation and conceptualization of self-interest and individualism. For instance, there are individuals that, instead of spreading the power and freedom of expression to the people, are centralizing the power to make up the people, which could result to tyranny and despotism. De Tocqueville feared that even in a democratic country like the United States, despotism could still arise especially when power gets out of control and become centralized in one hand. Therefore, in order to maintain balance and harmony in a participatory government, the combination of powers should rest upon the individual rights of the people through development of education and creation of virtue. We could conclude this by backed up with de Tocqueville’s position that “…because union with his fellows seems useful to him and he knows that that union is impossible without a regulating authority, each individual is assumed to be as educated, virtuous and powerful as any of his fellows” (66).

Work Cited

De Tocqueville, Alexis. Democracy in America. 1969. New York: Anchor. Print.

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Freedom and Equality as viewed by Alexis De Tocqueville


Freedom and Equality as viewed by Alexis De Tocqueville

The book Democracy in America by Alexis De Tocqueville is considered by many scholars as an insightful and comprehensive book written about the status of US democracy. The main purpose of De Tocqueville in writing this book is to have a fresh idea of democracy in other lands after he had witnessed the failure of establishing a democratic government in France during his time. Until today, this book still remains as relevant today as it is before, tackling different issues of racism, social class, press, the judicial system and the government. Though the book covers a wide range of topics, De Tocqueville’s utmost discussion centers around the issue of freedom and equality as two important factors that help maintain democracy.

For De Tocqueville, the idea of freedom and equality are compatible with each other, because being equal is the road to being free. He asserts in his book that humans “cannot be absolutely equal without being entirely free” (541). De Tocqueville better illustrated his point by citing an example of an idealistic government where freedom and equality would blend perfectly. He said that when citizens have the power to take part in government decision-making, then they have the right and power to be equal with one another. In this kind of government, nobody can wield great tyrannical power, because each member of the society is perfectly free. This means therefore that men cannot oppress other men because they are absolutely equal. Yet this is only the positive point of having an equal and free society, according to De Tocqueville, because it is also important to assume freedom and equality in a negative sense. He stressed that the positive meaning of equality is “equal liberties,” but people should not also make a clear distinction that equality is also synonymous to uniformity. And this uniformity could exist in a tyrannical or despotic kind of government, according to De Tocqueville. This means that the desire to have an equal and free government could still exist and be satisfied even under a despotic government. Therefore, the challenge to have an ideal democratic government and desire for equal liberties could not easily achieved unless the despotic and tyrannical ideals are totally abolished unless being absolutely free and equal are the main ambitions of the society.

By comprehensively outlining the viewpoint of De Tocqueville, we can therefore deduce that the idea of a compatible freedom and equality is far from being simple. While it is necessary to have a certain amount of equality to achieve genuine liberty, a certain amount of liberty is also necessary to guard the government against the possible negative effects equality could bring to the society. As asserted by De Tocqueville, “there is only one effective remedy against the evils which equality may cause, and that is political liberty” (446). By doing so, the dynamics of freedom and equality could be less problematic in the long run. De Tocqueville cited United States as an example to how freedom and equality are being balanced by the government through the establishment of certain institutions and laws that safeguard the balance of freedom and equality. But he pointed out that the American government should be very careful in preserving the dynamics of freedom and equality, because if there would be an imbalance, it could pose a serious threat to democracy, leading to tyranny and despotism over time. Overall, De Tocqueville explained the meaning of freedom and equality in a deeper sense, but this is absolutely the right way to do so, because of the positive and negative effects these could bring to the government.

  
Work Cited

De Tocqueville, Alexis. Democracy in America. 1969. New York: Anchor. Print.

More Essays on Alexis de Tocqueville's Democracy in America
1. The Dangers Facing American Democracy
2. Individualism and Self-Interest for Alexis de Tocqueville



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Tocqueville's Democracy in America Essays



The dangers facing American democracy as interpreted by Alexis De Tocqueville

            Written by Alexis De Tocqueville, the Democracy in America is a highly ambitious book that studies the deeper context of the state of democracy in America during the 19th century. He wanted to gain additional insights on how a democratic country actually works, after having witnessed the failed attempts of France to maintain and uphold a democratic form of government. But because the 19th century has seen an increasing trend towards the shift to democracy, De Tocqueville travelled to America to uncover how democracy works – including its strengths – and what are the dangers faced by these kinds of government.

            The book is divided into two parts. The first volume provides a general and more positive insight about democracy, including the structure of the government and the various institutions that help maintain democracy, freedom and equality among the population. The second volume, on the other hand, delves into the individual effects of democracy on the mores and thoughts prevalent in the society. Taking the entire work as a whole, there are several problems that a democratic country faces and these include the following: selfishness and individualism.

            Materialism, selfishness and individualism, therefore, are three side-effects that could increase the chance of having a despotic government. According to De Tocqueville, individualism has a democratic origin, but as the condition of the government grows more stable and progressive, it could become an inevitable threat. The main reason for this is that individualism resulting from equality could make the people more focused on themselves and not on the larger society that governs them. When this happens, there would be no more societal duties or bonds that hold people together; unlike in an aristocratic government, where people are obliged and forced to realize that they are dependent and reliant with one another. This means that too much materialism, selfishness and individualism could contribute to the development of despotism, because once citizens grow too individualistic, they will never fulfill or perform their duties and even exercise their freedom and liberty. This passion for materialism and selfishness means that people want to obtain more wealth and power as everyone else does. From this, despotism could grow and become more dangerous eventually disregarding the teachings and mores of democracy. 

The effect of this, according to De Tocqueville, is that people could become so absorbed with materialistic things and individual power in pursuit of wealth and comfort, neglecting or abandoning their roles and duties as members of the democratic society. They may even realize that democracy should be abandoned, because aristocracy is more favorable for them to preserve their wealth, which means that benevolent despotism is born from the selfishness, materialism and individualism that satisfy the interest of the people. These are just some of the despotic tendencies that threaten to ruin the progress of a democratic government, and these are the observations that De Tocqueville had during his travel to the United States.

            In this paper, we have discussed the various dangers faced by a democratic country, as outlined by Alexis De Tocqueville. But even if there are several disadvantages that democracy could bring, it could be combated through successful implementation of the following – influential and independent judiciary branches; local self-government, well-educated minorities including women, freedom of the press and association, and de-centralization of administrative powers. Through these strategies, De Tocqueville imagines a utopian government where “equality is to lead to servitude or freedom, knowledge and prosperity” (226). Through his ambitious work, De Tocqueville hoped to instill the ideals of freedom and equality to direct people into a balanced and harmonious democracy.

Works Cited


De Tocqueville, Alexis. Democracy in America. 1969. New York: Anchor. Print.

More Essays on Alexis de Tocqueville's Democracy in America:
1. Individualism and Self-Interest for Alexis de Tocqueville
2. Freedom and Equality for De Tocqueville



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Comparison of three Spanish films – Spanish Film Review Essay



Comparison of three Spanish films – “Flowers from another world,” “Hi, are you alone?” and “Take my eyes”

Portrayal of women in today’s contemporary society is one of the main issues given light in Spanish films. Regardless if these are positive or negative, the role that women play in the society is very important for Spanish filmmakers such as Iciar Bollain. A renowned writer, director and actress, Iciar Bollain has already created a number of Spanish films which talk about societal issues and these include “Flowers from another world,” “Hi, are you alone?” and “Take my eyes.” This paper will compare the three films in terms of how they depict women’s affairs and behaviors in the Spanish society.

In “Flowers from another world,” the story revolves around Spanish women moving out of their rural society hoping to find someone wealthy to marry. This is normal for women who are living in rural areas, because they want to get out of their poor lives. But in the story, the tension begins when the women protagonist get married to their male companions who have deeper secrets – a drug addict, a drunkard and an abuser. The women try to find ways on how to escape their undesirable fate, while trying to save their children, as well. This film shows how women could be changed into objects of desire because of extreme poverty, but it also depicts how they could become stronger for the sake of their family, most especially their children.

Just like “Flowers from another world,” “Take my Eyes” also portrays women in a more complicated side of life. The film talks about the complex married life Pilar and Antonio. The main theme of this movie is domestic violence and although the story is slow-moving, the intense exchange of conversation and acting of Pilar and Antonio makes audience more involved in the drama of their married life. The turning point of the movie, however, is not when Pilar realized that she should leave Antonio, but when Antonio changed his life to win Pilar back in his life. Apparently, it was just Antonio’s way of getting Pilar back as the object of his sexual desires and violent tendencies; we also learned that Pilar loves Antonio so much that she eventually submitted into Antonio’s erratic behavior. This is an unusual story of domestic violence, but the way a woman is portrayed in the film shows the different fates women usually suffer from the hands of their abusive husbands. But unlike “Flowers from Another World,” the protagonist in this film did not show any signs of empowerment or strength, because she just submitted to the desires of her husband even if it means hurting and busing her physically, emotionally and mentally.

Finally, “Hi, are you alone?” is more of a “feel-good” Spanish movie that revolves around the theme of friendship. The two women protagonists are young adolescents who are trying to explore the larger world around them in the hopes of finding their true mothers, since they are raised by their foster parents. As the story progresses, they find their male partners and even meet their parents, but they also lost them, because of some complicated turn of events. In the end, they become more matures and realized that their friendship has grown stronger and that there are some things in life that cannot be changed. Compared to the first two films we have discussed, “Hi, are you alone?” depicts the younger generation of Spanish women as stronger and more empowered. They never let problems get in their way and considered them more as life challenges and not as something that could hinder their capabilities to grow into responsible adults. Overall, this lighthearted drama film shows how responsible women can be even if there are complicated things that could jeopardize their dreams.

Works Cited

“Flowers from another world” Iciar Bollain. Film.
“Hi, are you alone?” Iciar Bollain. Film.

“Take my eyes” Iciar Bollain.  (2003). Film.


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Wednesday, July 23, 2014

Substance Abuse Policy Brief Essay



Substance Abuse Policy Brief
Executive Summary
            The impact and increased use of illegal substances over the past years have led policy makers to create strategies for the reduction of its use, one of which is the implementation of services and treatment programs for patients with substance-related disorders. This paper discusses the importance of policy guidelines that addresses the various issues surrounding substance abuse treatment services implementation, such as why tax should be used to fund such services as well as its cost-effective outcomes.
Context and Importance of the Problem

            In the United States, the economic costs of substance abuse are estimated to reach more than $270 billion per annum, including medical expenses, lost productivity, crime-related activities and many more (Sten, 2010). Only 3 million individuals are entering addiction treatment and rehabilitation services, but statistics show that roughly 23 million adolescents and adults should be entered into treatment services, leaving the 20 million adults and adolescents still in need of treatment (SAMHSA, 2009). The United States have already spent enormous billions of dollars on substance-related abuse and disorder treatment: for instance, in 2008, the Federal government allocated $28 billion for substance abuse treatment, which is equivalent to more than 1.3% of the overall costs in healthcare expenditures (Mark and colleagues, 2008). This translates to roughly 77% of expenditures funded primarily by public taxpayers in order to address alcohol and substance disorders and problems. However, policy makers wanted to know more about the positive implications of such costs and benefits in order to justify that the allocated billions of dollars for substance abuse treatment has indeed its purpose and advantage. During the past four years, the Substance Abuse Policy Research Program, along with other private-funded policy programs, has studied the cost-effectiveness and benefits of investing in substance abuse treatment services.

As lawmakers continue to debate the extent and merits of investing for substance abuse treatment and rehabilitation services, they are also faced with a constant dilemma; that is, should the taxes of the public be used as a source of funding for such programs? As well as up to what extent should taxes be used? More specifically, what returns could they generate from such a large investment?

Policy Recommendations

            Studies have already outlined the significant benefits of treating substance and alcohol-related disorders. Extensive researches show that treatment of substance-related disorders can lead to reduction in the total number of healthcare costs and provision of healthcare services. For example, one study highlighted the significant roles a health maintenance organization play to help Medicaid beneficiaries be treated for substance abuse. Such health organizations reported a 30% reduction in healthcare costs after Medicated patients had been submitted to substance abuse services. Accordingly, the greatest gains and economic benefits seem to be linked with reduced criminal activities, such as victimization, capital losses due to crimes, as well as incarceration costs. Various economic analyses show that implementation of substance abuse policies could reduce recidivism associated with arrest, imprisonment and prosecution; especially when criminal offenders are linked with using illegal substances. Following substance treatment course, for instance, a study conducted in Californian counties           noted a significant decrease in crime-related activities (Ettner et al., 2006). Such implementation of treatment services also have a benefit-to-ratio cost of 7:1, including a decrease in the utilization of emergency healthcare services and increased employment outcomes for those who have been sent to treatment services.

            Researchers suggest that alcohol and drug-related disorders should be treatment as chronic medical conditions and a good model of care must be utilized in order to improve the healthcare condition of the patients – creation of government-funded substance abuse treatment services is shown to have cost-effective and significant economic outcomes. Along with the importance of such policy guidelines, development of treatment services should conversely employ strategies that could eliminate or reduce social costs associated with the treatment of substance and alcohol disorders. For instance, one study that utilizes managed behavioral health treatment strategies have shown reduced use of overnight and inpatient services, which could likely improve social outcomes of substance abuse treatment. In addition, the use of higher insurance co-payments could also decrease inpatient and outpatient service costs, contributing to the overall rates of re-treatment.

Analysis of Policy

            Many critics and supporters of substance abuse policies are debating whether or not such mandates could have significant outcomes in the long run, and their most important concern is associated with costs of such services. We have seen in the policy recommendation above that the costs of treatment services are incomparable to the benefits that could be generated from such activities. There is indeed a need for substance abuse disorders to be addressed, especially for adolescents and adults, because if such problems would be left unsolved, economic and social costs of the problem would definitely rise. Development of intervention programs that are specifically tailored for the needs of the people is necessary and considered as the starting point for the development of concrete policy guidelines that could last for many years.  There had been various interventions implemented in the past, but the strategies mentioned above have been peer-reviewed, which means that these new approaches are direly needed for today’s generation. The development of treatment services tailored for substance abuse disorders could be generated from the tax of the public, because there is a more concrete significant outcome for the society and the economy. The above findings suggest that there would be a reduction in risks and criminal activities if such policies would be implemented.

  
References
Ettner, G. et al. (2006). “Substance Abuse in rural and small town America.” Reports on Rural America. New Hampshire: Carsey Institute.
Mark, K. et al. (2008). “Policing a Rural Plague.” National Association of Counties. California: RHRC.
SAMHSA. (2009). “Policy Brief: Trauma and Substance Abuse.” National Association of State and Alcohol and Drug Abuse. Washington, DC: NASADAD.

Sten, A. (2010). “Policy Brief: Substance Abuse Treatment Benefits and Costs.” Substance Abuse Policy Research. North Carolina: Center for Creative Leadership.


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Brown v. Board of Education Case Brief



Brown v Board of Education Case Brief

Facts:

It was established in the earlier case of Plessy v Ferguson that the relationship between the white Americans and African Americans would be governed in many aspects by the “equal but separate” doctrine. It was said that the racial segregation that resulted out of such a rule was not violative of any right. In fact, it was also claimed to not be violative of the Fourteenth Amendment either as the said doctrine allegedly did not deprive the colored race of the equal protection they were entitled to under the law. However, in this case, this said doctrine was declared as dated and just another way to propagate the unfairness and cruelty of racism and racial segregation.

The case of Brown was a class action suit filed by thirteen parents of various students who attended the Topeka School District. This case was brought about when these said parents were rejected when they tried to enroll their children to one of the nearest schools to their homes. This said school was only for white American children and the parents were told that they had to enroll their children to the segregated school meant for colored children.

At the district level, the case was decided for the Topeka Board of Education, citing the “equal but separate” doctrine. It was established that both the white and black schools had the same facilities, curriculum and even the same level of highly qualified instructors. This case was then forwarded to the Supreme Court, together with other similar suits involving the same issues.

Procedural History:
This case was decided by the United States of America Supreme Court.

Issue:

The issue was whether or not racial segregation was violative of the Fourteenth Amendment.

Rule/s:

The doctrine of “equal but separate” was examined in relation to the Fourteenth amendment clause that guarantees equal protection of the laws.

Application:

The focus of this case was on the Fourteenth Amendment’s Equal Protection Clause and how it would be applied in relation to the racial segregation that was being complained of by the petitioners, particularly in the public education area. The main argument against the removal of racial segregation was that both the white and black students had all the same facilities as each other so such segregation would not matter. However, it was found by the Court that such segregation did actually have an effect on the African American children. It was found that there were big psychological and social repercussions to such a segregation and that it was clearly disadvantageous to African American children to experience such discrimination. Equal educational opportunities was the main point that the Court elucidated on; more particularly, the lack of such on the part of African Americans.

The Court went on to emphasize how the seemingly continuing support of the government of such a segregation had a very damaging effect on the African American people as it emphasized greatly the concept of the inferiority of the African American race. More specifically, it had a damaging effect on the learning and personality building that children of the colored race experienced. Inferiority was pinpointed as the biggest enemy that was to be eradicated together with the declaration of the unconstitutionality of the aforementioned “separate but equal” rule. Because of this, it was declared that racial segregation, especially in the field of education, was to be no more.

Conclusion:


In a unanimous Court decision, it was established in this case that the “equal but separate” rule was detrimental to racial relations, particularly in the realm of public education. Racial segregation was established to be violative of the Fourteenth Amendment.

More Sample Case Briefs:
1. Regents of the University of California v. Bakke
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10. Plessy v. Ferguson Case Brief
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Regents of the University of California v. Bakke


Regents of the University of California v Bakke Case Brief

Facts:

The University of California Medical School had a policy of reserving 16 spots out of a class of 100 in any given class for the benefit of so called “disadvantaged minorities”.  The said University had two programs in particular: the regular admissions program as well as the special admissions program. Under the regular admissions program, candidates whose grade point average was below 2.5 on the 4.0 scale were automatically rejected. If an applicant had a GPA above 2.5, he was then subject to an interview where he would be rated by each committee member on a scale of 1 to 100. The average of such interviews, combined with the applicant’s GPA, MCAT scores, science courses GPA, extracurricular activities, letters of recommendation, as well as other pertinent personal data were all examined and combined into one so called “benchmark score”. Such score would be determinative of an applicant’s success, subject to the committee and its chairman’s approval. On the other hand, an entirely separate committee existed for determining applicants who were to be granted access to the special admissions program. This committee was primarily composed of members who were part of minorities themselves. If an applicant was deemed by the committee as “disadvantaged”, then they would be subject to the same process under the regular admissions program but without the 2.5 GPA requirement. They were also not ranked against the other candidates included in the ranking for the regular admissions program. The herein respondent, Bakke, was an applicant for such a slot. However, he was denied.

It was alleged in the case that the respondent Bakke actually had a higher or more favorable indicia in measuring performance than other applicants that were actually accepted into the special admissions program. He scored a 468 out of 500 on his first try and then 549 out of 600 on his next one. The subsequent applicants who were admitted into the program were found to have significantly lower scores than Bakke. It was found that his race was the only characteristic which set him apart from the said applicants that were admitted. Bakke was a white male. It was noted that no disadvantaged white males were admitted under the special program. Because of this, he filed a suit.

Issue:

The issue is whether or not it was constitutional for the said school to use race as qualification in the aspect of admission to the said programs.

Rule:

As laid out in the Equal Protection Clause of the Fourth Amendment, the racial qualification may not be used validly as a standard in school admissions.

Application:

The United States of America Supreme Court ruled that race may not be used as a factor in school admissions. It deemed the so called special admissions program of the University of California invalid. In agreeing with the decision of the Supreme Court of California, the US Supreme Court concluded that such program which used race as a measure for the qualification of an individual should not be allowed. While the intent of the school to achieve a more widespread and thorough integration of minority groups into the medical profession both as competent doctors and possible patients was, in all intents and purposes, good, it was deemed that such a program was not the best possible choice as it still was racially biased.


Added to this, the petitioner school was not able to discharge its burden of proving that the respondent would still not have been admitted into the school even without the said special program. It was clear, therefore, that race was indeed the determining factor in his non-admission. The Supreme Court therefore ordered Bakke’s admission into Davis.  

More Sample Case Briefs:
1. Brown v. Board of Education Case Brief
2. Roe v. Wade Case Brief
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6. New York Times Co. v. Sullivan Case Brief
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This is a sample Regents of the University of California v. Bakke Case Brief from smartessaywriters.com – the leading provider of reliable and affordable essay writing services and research paper writing services in the United States and the United Kingdom

Roe v. Wade Case Brief



Roe v Wade Case Brief

Facts:
Jane Roe, a pregnant woman who wanted to avail of abortion services filed a class suit in behalf of all women who were in the same situation as her to prevent the enforcement of Texas laws which in essence made it a criminal act for a woman to have an abortion except in cases where the life of the mother is at stake. According to her, she was a single mother who wanted to avail of legal abortion because her life was not in danger. Due to financial constraints, she was also unable to travel to another jurisdiction where abortion was actually legal. She sought a declaratory judgment to the effect that the statutes in question were unconstitutional on their face. She also sought an injunction to prevent the defendant, the District Attorney Wade from Dallas County, from enforcing the said statutes.

Some of the other plaintiffs who were involved in the said suit were Hallford, a doctor who faced criminal prosecution due to his involvement with abortion, as well as the spouses Doe who were a couple with no children and whom believed that the said laws in question were unconstitutional.

The primary contention of appellant Roe was that the said statutes were unconstitutionally vague and that they infringed on her right of personal privacy. She specifically referred to the First, Fourth, Fifth, Ninth, and Fourteenth Amendments which protected the said rights.

Issue/s:

Do the said Texas statutes abridge the appellant’s rights as she represented?

Are abortion laws that criminalize abortions except in cases of medical emergencies inherently unconstitutional?

Rules:
Statutes which make all abortions criminal except in cases where needed medically or medically advised such as when the life of the mother is at stake are in fact unconstitutional invasions of privacy.

Application:
In sum, the Court ruled that the right to personal privacy indeed includes the issue in question. Thus, the right of women to have a choice in having an abortion was established. However, the decision was qualified, the Court citing the various important interests in the concept of regulation.

The Court gave three reasons for criminalizing abortion through history. Also, it pointed out the reasons why those reasons were relevant to the case at bar. Firstly, it was pointed out that during the Victorian era, indiscretions in sexual conduct was a great concern. Allowing abortion to be legal would in effect encourage such indiscretions. However, it should be pointed out that this argument was not given a lot of weight nor taken seriously in the instant case.

Secondly, it was pointed out that the process of abortion is quite hazardous and potentially harmful to both the mother and child. The State exerts efforts to insure that pregnant women are protected. It was pointed out, on the other hand, that modern abortions are now relatively safe, particularly those conducted in the first trimester. 

Thirdly, it was said that the State has an interest in preserving and protecting prenatal life.

It was held that during the stage prior to the end of the first trimester, abortion is legal and can and will be left to the judgment of the mother and the medical judgment of the woman’s attending physician. Abortion in this stage cannot be criminalized. This was based on the State’s interest in protecting the health and privacy of the mother.


On the other hand, during the stage after the first trimester, the State is granted authority to regulate and perhaps proscribe abortion  except in the cases where it is necessary for the preservation of the life of the mother. This was based on the State’s interest in protecting the potential life of the child.

More Sample Case Briefs:

1. Regents of the University of California v. Bakke
2. Brown v. Board of Education Case Brief
3. US v. Nixon Case Brief
4. Department of HHS v. Florida Case Brief
5. Miranda v. Arizona Case Brief
6. New York Times Co. v. Sullivan Case Brief
7. US v. Windsor Case Brief
8. Mapp v. Ohio Case Brief 
9. Korematsu v. US Case Brief
10. Plessy v. Ferguson Case Brief
11. Dred Scott v. Sandford Case Brief
12. Gideon v.  Wainwright Case Brief

13. Marbury v. Madison Case Brief


This is a sample Roe v. Wade Case Brief from smartessaywriters.com – the leading provider of reliable and affordable essay writing services and research paper writing services in the United States and the United Kingdom