Tuesday, June 16, 2020

Dispute Resolution

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There are other ways of dispute resolution rather than using litigation. Alternative Dispute Resolution, if possible, can be very advantageous by saving time and expensive legal fees. Binding Arbitration involves a neutral third party, or a panel of experts who hear a case, and based on their best judgment make a decision. These decisions are legally binding. The only circumstance where a arbitrator's award can be set aside is either if the award is contrary to public opinion, if the arbitrator exceeds his authority, or if the arbitrator acts in bad faith. In this case the company's policy is to use Binding Arbitration for dispute resolution. In light of this, the Mail Clerk, Tom, sued the company in court. As stated in the Federal Arbitration Act (FAA) , "Arbitration agreements should be considered valid, unless other grounds exist at law or in equity to revoke the contract." Only in the case where an arbitration clause has been drafted and appears to be biased or one sided, will the entire agreement be deemed unconscionable. An example of a one sided arbitration clause is the Circuit City Case . The court refused to enforce the clause because it was described as being one sided and unfair " shock the conscience." Because there was no mention of our company having a one-sided company policy of arbitration, we continue with the assumption that this case should be fully arbitrable in court. For this reason we feel that the motion to compel arbitration will be granted.


b)


Defamation, "wrongfully hurting a persons good reputation" involves "published statements that tend to injure a person's reputation" These can be classified as libel, Slander, or Disparagement, the injuring of a business reputation


In order to prove that the company is responsible for libel, the plaintiff would have to prove that the defendant wrongfully hurt the plaintiffs' good reputation. The law says that people must refrain from making defamatory statements about others. To prove this true, the plaintiff must be able to prove that he suffered harms such as disgrace and or dishonor, which is sometimes very hard to prove. The only defenses for defamation are truth and privilege.


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In this case the defense for defamation is the truth. The content of this e-mail did hurt the reputation of Tom and his family, but the company had the privilege to investigate the theft. Because the theft did happen the company was not responsible for defamation. We see another example of this in the Randall's case. The plaintiff in this case felt that statements made by the employees were slanderous and might infer that she was dishonest. The plaintiff was in fact guilty of stealing a wreath and Randall's could not have gone about the investigation without communicating the facts regarding Johnson's actions, to each other. Because the defamatory statement turned out to be true, the company is not responsible for defamation.


To be responsible for the invasion of privacy the company must use someone's name, picture, or other likeness for commercial purposes without the consent of that person, intrude on individual's affairs, make information public in false light, and or disclose private information about an individual that might be objectionable. Because the desk is company property the company has a right to monitor it. The company did not violate the Invasion of privacy in any other form.


Intentional infliction of emotional distress, by definition, is "an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another." This is the type of conduct "that exceeds the bounds of decency accepted by society and is therefore capable of serving as ground for lawsuit." In some states there must be a noticeable emotional change in order to recover, but in Texas, there must be a noticeable physical change. I am assuming that there was not any type of physical or emotional change.


These types of claims usually focus on the type of acts that fall under this tort. In our case Tom does not suffer a severe emotional change, but rather frustration and annoyance. "Indignity or annoyance alone is usually not sufficient to support a lawsuit based on intentional infliction of emotional distress." As described in the Randall's case, the defendants conduct has to be extreme and outrageous, the actions have to cause the plaintiff emotional distress, and the emotional distress suffered by the plaintiff has to be severe.


Using these as standards, severe emotional distress does not apply to our case, or to the Randall's case. The company acted responsibly and civilly with regards to this matter. The company emailed the memo to the CEO to make him aware which does not justify intentional or extreme and outrageous behavior.


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Monday, June 15, 2020

"Many of the world's lesser-known languages are being lost as fewer and fewer people speak them. The governments of countries in which these languages are spoken should act to prevent such languages from becoming extinct."

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It is really a shame to think that some lesser-known languages in the world are getting totally wiped out from the face of the earth and the governments of those countries are doing nothing to save them. There are various reasons for the decrease in popularity of these languages.


First of all, there are lots of countries in the world that have different languages spoken in different parts of the country. An example of such a country is India. A very small population speaks some of these languages, whereas many other languages are spoken by a considerable part of the country's population. Because of the dominance of these more popular languages, these lesser-known languages are at a risk of getting lost.


Secondly, most of these countries have only one official language in spite of the presence of many different popular languages. This is done in order to help people of different languages communicate with each other without having to learn all languages. Therefore the government concentrates more on popularizing the official language among masses. Some schools and education centers uses these official and more popular languages to communicate among the masses. As such the lesser-known languages are totally ignored.


Thirdly, people speaking these lesser-known languages may not have proper means to teach their language to others especially to their next generation. They may not have proper schools teaching their own languages. For example, in India, the state governments are trying to popularize the more prominent language in the state by making it compulsory for students to learn them in schools, but do not consider the lesser known languages.


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Finally, because of their unpopularity, people tend to get easily attracted to the more popular and easily spoken rich languages. They start speaking and learning more about the more popular languages and therefore change their mother tongue according to convenience. For example, in India, the state governments popularize their dominant language by broadcasting programs in these languages through television or radio. This attracts people more to these languages instead of their own.


The government has to come forward to prevent these languages from vanishing totally from the face of the earth. It should try to open proper schools teaching these languages thereby encouraging people speaking these languages to send their children to such schools. Also, famous literary works can be translated to these languages to attract people to read these books. To further increase the popularity of these languages, the government can attempt to broadcast programs in these languages through television and radio. It should also try to encourage these people to love and respect their languages and to come forward and help the government to popularize them.


Though it seems to be a very difficult task, the government should try its best to protect these languages from being completely lost.


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Thursday, June 11, 2020

Symbolism in Astronomer's Wife

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In many short stories symbolism can play an immense part. For example in Kay Boyle's "Astronomer's Wife" one could find symbolism throughout the whole story. The difference between the husband and plumber is symbolized covertly at many different periods in the story. The figurative language used in "Astronomer's Wife," represents the depth of the main character's thirst to understand why her husband is acknowledged with such high regard but represents restraint, while a plumber is recognized with such low regard but is the perfect person to set her free.


"Astronomer's Wife" has three main characters Mr. Ames, Mrs. Ames, and the plumber. For some strange reason Mr. Ames is placed on a high pedestal, "Mr. Ames would never go down there alive. He likes going up," (5) is just one of the few examples that demonstrates how he likes to "be on top" of things, never below. Mr. Ames is perceived to be too good to succumb to any level beneath him. Truthfully, Mr. Ames is indigent, he is a grown man who should be handling the matters of his home, but instead he has his "youngish" wife deal with them. He would rather "…linger in bed, with the sun pouring yellow as wine all over the place."(5)


Mrs. Ames is use to having men look down on her but "when she looked down she saw that he [the plumber] was looking up into her face,…"(5) This symbolizes a new turn in her life; evidently her husband is always looking down upon her, but for once a man looked up at her. The plumber has no reason to look down upon her; he sees her as his equal. He and Mrs. Ames show each other her mutual respect and he gives each other the attention they deserve. Not only does he see her as his equal but she also sees him in the same way. Another symbol is their lifestyle, the plumber is nothing but a mere plumber and Mrs. Ames is nothing but a house wife. A plumber and a house wife are low occupations this allows them to start off at the same level. Mrs. Ames listens to him when he speaks; she understands what he is talking about. The narrator states "This was speech that touched her flesh and bone and made her wonder. When her husband spoke of height, having no sense of it, she could not picture it nor hear."(5) After listening to the plumber speak, "She sat down on the grasses, bewildered that it should be a man who had spoken to her so."(5)


For a woman to allow her husband to sleep all day and to speak softly around men, she must have a feeling of detestation for herself. It seems her husband has such high regards for himself, she has the same regard but for the plumber. "…he went down the trap. Mrs. Ames saw a bright little piece of his hair still shinning, like a star, long after the rest of him had gone."(5) Long after the plumber went down the trap she still pictured his hair like a star; a star that is from up above. Stars are found at the highest place and this symbolizes her personal view on him. She refers him to a star, sees him at a high place event though a plumber is looked down upon.


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At one point the narrator states that "Life, life is an open sea, she sought to explain it in sorrow, and to survive women cling to the floating debris on the tide."(5) What does this mean? Symbolically, Mrs. Ames's life is an "open sea" and her husband is the "water" that is weighing her down, but luckily the plumber is the "debris" holding her afloat. As a young lady, she has been deprived of living her life; she possibly lives her life according to her husband's. The plumber is an awakening call for her; he allowed her to feel something she has never felt before and that is why she is so intrigued by him. The plumber is bringing her back to life; he is also showing her that not all men are like her husband. In the beginning of the story, we detect that she is young, probably younger than her husband. It is possible that her husband is the only man she has ever been with and that is why the plumber comes to her as such a shock.


Mrs. Ames more than likely never placed her husband on a high pedestal, but she probably is scared of him. She probably never realized that her husband is taking advantage of her. Just by having her handle the matters of the house shows this. Occupations are real important Mrs. Ames compared to the plumber demonstrates Mr. Ames being in a higher position in reality. Not to Mrs. Ames in her eyes that usual stereotype has been inversed. The plumber symbolizes the light brought into her life. She may not leave her husband but hopefully there will be a drastic change in their relationship.



Work Cited



Boyle, Kay. "Astronomer's Wife." Literature Reading Fiction, Poetry, and Drama. Ed.


Robert DiYanni. 5th ed. NY, NY, 00. 57-60.


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Wednesday, June 10, 2020

China's Open Door Policy

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During a lot of the nineteenth century China was constantly fighting with foreign countries over their land. Because of the advancements in technology the foreign army's weapons would take out entire imperial Chinese armies. The emperor of the Ch'ing Dynasty desperately wanted a way to get rid of the foreign powers from their land for good. The foreign powers were Austria, France, Germany, Great Britain, Italy, Japan and Russia and they all claimed to have trading rights and even own some of the Chinese territory. The foreign countries had divided the land into spheres to separate themselves from each other. But, when the United States gained the Philippines from the Spanish American War it became another Asian power also. Since China was so close to the Philippines a lot of American business men were hoping to benefit from China's many resources.


During this time the United States Secretary of State John Hay came up with the idea of negotiating the situation of the land with the other powers in order to preserve equal industrial and commercial privileges in China. And so, he created the "Open Door" policy since the US people would most certainly not support any methods of force because of the Philippines war that had just passed. The "Open Door" policy basically guaranteed every power equal trading rights and would prevent any countries from discriminating against another in its territory. He distributed the idea to all of the Asian powers and asked them if they would support his idea. In reply all the Asian powers refused to commit without the consent of everybody and when John Hayes received the same response from everybody he declared formally that the "Open Door" Policy that would support the Chinese territorial and administrative integrity would not interfere with the free use of ports within their spheres of influence in China was now officially an international policy in 100.


This policy specifically was first advanced by the US in the "most favored nation clause" of the treaties finished with China after the Opium War. The "Open Door" policy of 18 did three specific things besides urging all the Asian powers involved in the spheres of influence in China to declare that all nations will have equal treatment of their commerce and navigation inside these spheres. The first was that a nation would not interfere with any treaty, port or interest of any other nation within its own sphere of influence. The second is that the Chinese tariff applied to all the merchandise that landed or was shipped to all the ports and the money would be collected by the Chinese government. And lastly, third, a nation cannot levy any harbor dues higher than what that nation levies on its own boats, and no higher charges on railroads either.


This policy was created by Secretary of State John Hayes to protect and guard the lives and property of American citizens everywhere in China and aiding to prevent turmoil and chaos in China. The US wanted to find a resolution that would create a safe and peaceful China, maintain Chinese territorial and administrative existence, and protect all the rights that the Asian powers were guaranteed by treaty and international laws, and uphold the principle of equal and impartial trade with all parts of the Chinese Empire.


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While the negotiations were going on for the policy not many Chinese people were thinking of cooperating with the foreign powers. The Boxer Rebellion was formed to "expel all foreign devils" from China. This was a secret society formally called the Fists of Righteous Harmony. There were thousands of members that believed that they had magical power and that foreign artillery couldn't harm them. Because they practiced martial arts the foreigners called them the "Boxers". This society also believed that "spirit soldiers were going to rise up from the dead and join them in battle. These Boxers roamed the country attacking Christian missionaries and Chinese converts. The foreign diplomats tried to get the Emperor to stop the rebellion but she was secretly supporting it and did nothing to stop them. Finally after almost two months of attacking the Boxers were defeated when the US marines and soldiers and sailors from eight countries. They looted the towns and city's on their way to Beijing all while fighting off Boxers along the way. They ransacked the Forbidden City and destroyed the Ch'ing Dynasty. Since he US was a part of the victory in Beijing they participated in the settlement that came right afterward. Hay requested an expanded "Open Door" policy that would not just include the spheres of influence but all part of China, and that the powers should preserve China's territory and government. The other countries agreed with this and the "Open Door" policy permitted foreign access to China's market right up until World War II.


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Tuesday, June 9, 2020

Personal Strengths and Weaknesses

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Everyone brings individual qualities into situations that they are involved in. Some of our qualities are valuable to the situation, while others are a hindrance. Our strengths and weaknesses benefit and hinder us through out our lives. Although, these are the qualities that we grew in to and they define us at any given moment, these traits are not permanent and definitely not irreversible. Changes to our habits, routines, and behavior can be made to improve our weaknesses and to enhance our strengths. As such, I consider myself a patient man. Patient, with a technical aptitude and a listening inclination gifted enough to guide me throughout my adult life. On the other hand, I am a procrastinator. I needlessly postpone and delay tasks until I absolutely must complete them. I don't do this all the time with every task, so there is hope for me to rid myself of this bad habit.


In the line of work that I am in, a technical talent is incredibly accommodating. Since a computer is a vital element of my job, let alone my career, being able to troubleshoot and repair problems that arise unexpectedly is important for both the corporate support technicians and myself. Another trait that is practical for my career is patience. Using the same example, problems that arise unexpectedly, patience can help anyone through the waiting process that takes place in a corporation when a computer needs to be repaired or replaced. Without patience a programmer can easily become frustrated and lose his train of thought, which would be devastating to any project. As these strengths are imperative to my career, they are also necessary, in my opinion, to an online-education practice. Being familiar with the technology behind the online courses, email, databases and the Internet, allows me to take advantage of all facets of the technologies for my educational expansion. While acknowledging my personal strengths, I must stress the importance of recognizing a personal weakness of mine.


Procrastination, by far my most exigent fault, has been an impediment in my educational progression. I acknowledge that I have been delaying my return to college for a long time. I have used excuses such as, family, time and money, all of which are legitimate obstacles but none are acceptable excuses. I could have made the time. Financial aid and grants could have assisted me with the monetary hindrances. I do not select where and when procrastination appears. I carelessly delay starting a project at work, knowing that I can complete the project in just a few hours, working stringently and diligently, stressing my mind and body. I have also been known to start a project at home and casually leave it uncompleted until days, months, or in some cases, years later. I believe that recognizing weaknesses along with having the desire to overcome them will enhance one's identity.


Discovering how to adapt to and overcome personal weaknesses is a life experience. In some instances, it takes a lifetime to claim personal victory in the combat of an obstacle. I am patiently fighting a war against my own faults. I am winning battles against procrastination by finding reasons to grow instead of letting excuses of comfort and ability reign. Upon returning to college, I have put a stop to my longest casually delayed life task. It took determination, embarrassing moments, career impediments and goal setting to start the decision making process of returning to school. Conquering procrastination is a behavioral challenge, a dare to myself to kick the habitual carelessness of delaying tasks regardless of pretext or ploy. Overcoming personal weaknesses is synonymous with personal growth.


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Becoming a better person is the guiding factor to enhancing strengths and conquering faults and weaknesses. Ironically, one's personal strengths can most times be the force required to attempt to overcome one's personal weaknesses. But I believe that you have to be satisfied with your self. You have to be motivated, willing and able to start the process of defeating your weakness embattlements. As Deepak Chopra wrote in his new book Golf for Enlightenment The Seven Lessons for the Game of Life


We exist not to pursue happiness, which is fleeting, or outer accomplishment, which can always be bettered. We are here to nourish the self. The self is the source of your personal reality. All perceptions come back to the self. All emotions come back to the self. All ideas come back to the self. (Chopra, 00, p. )


You, alone, can empower yourself to becoming the best person, spouse, student, group member, leader, and individual you can be.


Chopra, Deepak (00). Golf for Enlightenment The Seven Lessons for the Game of Life. New York Crown Publishing


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Nike

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"Nike is the largest sports and Fitness Company in the world." Known mainly its wide variety of sports shoes. But, where does it come from? How did it come about? What's the history behind the swoosh symbol? Questions like such are probably never thought of when the name Nike is mentioned but they will be answered here in this text.


The name Nike comes from the ancient winged Greek goddess who was actually named Nike. Nike was the goddess of victory according to Greek mythology. It is said that Nike sat aside Zeus who was the ruler of the Olympic pantheon, which is the dome or temple of gods in Olympus. Nike was a mystical force that symbolized victory. Nike was considered to be the force responsible for a victory in a battle. A Greek would say, "When we go to battle and win, we say it is Nike."


Like most things big or small, there is a start to it all. The man behind Nike's success is Philip Knight. He was born in Portland, Oakland on February 8, 18. Phil was associated with sports most of his life. Phil was a track runner at the University of Oregon where he also received a BBA in Accounting in 15. While attending Oregon, Phil and his track coach Bill Bowerman teamed up. Bill Bowerman had a vision for lighter, more durable racing shoes for his runners at the University of Oregon and Phil wanted to make a living without giving up his love for sports. Seeing that Bill wanted better quality shoes for his runners, Phil looked at the situation as a marketing opportunity and developed a strategy. He developed this strategy while taking a semester on how to start a small business. Eventually Phil took a trip to Japan in 16 where he scheduled an interview with a Japanese running shoe manufacturer. Tiger (Onitsuka) was the company. Knight showed interest in the company and they were willing to work with him. Blue Ribbon Sports was the name used to represent Phil's company. With Blue Ribbon sports officially being a company Bill and Knight would place orders for the Tiger running shoes and Knight would sell them out of his truck to local track runner at track meets. Soon Onitsuka Tigers started to show up on the feet of Americans. With Bowerman still having the desire to make more durable and comfortable shoes for his runners, he would use Tigers and find ways he can improve the quality of them. The only thing that was in the way of Bill capitalizing on his goal for the best running shoe was the idea that he would be benefiting another company and not Blue Ribbon Sports.


"By 164, Knight sold $8,000 worth of Tigers and placed orders for more." By the time Blue Ribbon Sports made $1 million in sales and Phil decided to change the name of the company and sell its own brand of shoes. Upon changing the name Phil and Bill also hired two track stars to help get things moving in a swell direction. Jeff Johnson who was one of Phil's track rivals at the University of Oregon and Steve Prefontaine who too was a runner at the University of Oregon. "Johnson joined Knight and Bowerman's Blue Ribbon Sports company as its first full-time employee, selling shoes out of the back of his van at high school track meets in 165. In 166 Johnson opens the company's first retail outlet in Santa Monica, California. Located in a small building at 107 Pico Blvd. Jeff give his outlet the name Nike to credit Phil and Bowerman. On the other hand Prefontaine was the first major athlete to wear Nike's during competition and actually had a part in the design of some of the earlier types of shoes. " In 17, with some persuasion by Knight and Bowerman, NIKE shoes were worn by some of the runners at the Olympic Trials."


The SWOOSH. Nike's deadly weapon. It appears on just about everything associated with Nike. You spot it on shoes, shirts, basketballs, billboards, TV, you see it everywhere. But, what is it? The Nike Swoosh symbol that represents the wing of the Greek Goddess of victory, Nike. A young lady created the symbol by the name of Caroline Davidson in 171. "Caroline Davidson was a student at Portland State University in advertising. She ran into Phil while he was teaching an accounting class. Phil hired Caroline to do some for his new company Nike and wanted her to create a logo for the company that can be placed on the side of a shoe that symbolized movement. In 171 the Swoosh symbol was created and sold to Phil for $5.


"Some thirty years later Nike is the largest sports and Fitness Company in the world. And, in my opinion the most popular. Just about everyone owns something by Nike. Associated with Nike are also some of the world greatest athletes. First you have the greatest; Michael Jordan who probably made Nike what it is today as far as popularity. I mean, his products are the most sought after on the market. You also have other great athletes like Tiger Woods, Ken Griffey Jr., Scottie Pippen, Deon Sanders, Cheryl Swoops, and many more that helped make Nike what it is today. The best sports and fitness company in the world.


"The trouble with America is not that we are making too many mistakes, but that we are making too few."


-Philip H. Knight


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Monday, June 8, 2020

September 11th

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September 11, 001. Another day to be remembered in infamy. Not since the attacks on Pearl Harbor has the nation been so devastated and ultimately so vengeful. Some think that the tragedy could have been prevented, and that President Bush knew about the planned attacks beforehand. I myself do not know about this, but I do know that the attacks did happen , and it changed the lives of Americans forever.


Before the attacks on America, airport security was very lax in comparison to what it has been heightened to nowadays. Speaking to my sources, I understand that you could get to the airport, drop off your luggage and board the plane in a relatively short period of time. That today, is pretty much impossible from what I've gathered. Metal detectors and guards everywhere you turn. While quite a large hassle, I think that these checkpoints are needed in order to greatly lessen the odds of another terrorist slipping through the cracks and causing another incident.


I'll never forget where I was when I first learned the basic details of the attack. I was eating my lunch in mod 4 when I heard that a plane had crashed into the World Trade Center in New York. I really didn't understand the magnitude of the attacks until I got home however. After watching television about it for a while, I realized that these attacks will change the face of the USA forever.


Before the tragic events, I had a sense of security that let me think that never could ever happen to the United States. We were too powerful of a country and intimidated any would-be enemies so much that they would never attempt anything. My attitude towards the Middle East problems and other foreign countries was a feeling of indifference, because I didn't think that it applied to me or the United States. When the /11 incident occurred, that feeling of American invulnerability ceased to exist. Now terrorist attacks are not so impossible and you really do have to be vigilant.


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Directly after /11 I think the majority of the population was fearful and in disbelief. The disbelief quickly turned into calls for vengeance however. Blinded by patriotism, a large number of US people called for the bombing of Afghanistan, and I even heard some kids around school wanting to use nuclear weapons. I personally don't agree at all with that. An entire population should not be held accountable for the beliefs of a radical minority. I don't believe in the use of nuclear weapons and am glad that it was never really an option in this situation.


Patriotism ran more rampant than I could have ever imagined. Flags hung off of cars an houses. People were in red , white, and blue gear. Everyone seemed proud to be an American. This is where I think the tragedy almost helped our people. The country was brought closer together, and the unity was pretty nice to see. No longer were there African Americans, or Japanese Americans, but just Americans. Lately I've begin to notice things going back to "normal" which is disappointing, but I suppose it was expected. Speaking of Patriotism however, I would like to note that it is not all good. Patriotism , in my opinion, is truly faced , as even though it brings a country together and is a large part of the healing process; It also narrows the peoples' minds and makes them more ready to give up certain rights. I think you should never sacrifice rights for "safety" . Safety is certainly quite important, but if you take away right guaranteed to you, then I think that changes the entire makeup of the country you are trying to protect. The government should do all it can to protect the citizenry without infringing on liberties that are guaranteed to them. Terrorist groups still exist and will continue to exist because the fact is that some people are just insane. I think that employing federal people to work at airports and heightening security at them is a good idea, but wiring phones/spying on peoples' computers is just wrong and truly un-American.


In closing, although a horrible situation, I think that the tragedy has also brought out a lot of good in the American people. And along with some bad, but I think the good outweighs the bad. We will get through this War on Terror however; and hopefully it works better than the War on Drugs.


I would like to add a quote by Julius Caesar that really hit home with me.


"Beware of the leader who bangs of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double-edged sword. It both emboldens the blood, just as it narrows the mind.


And when the drums of war have reached a fever pitch and the blood boils with hate and the mind is closed, the leader will have no need in seizing the rights of the citizenry. Rather, the citizenry infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and do it gladly so. How do I know this? Well for this is what happened with me. And I am Caesar"


Julius Caesar {100-44 BC}


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