Boy Scouts of America vs. Dale

At a time when the United States government is doing all it can to do away with discrimination based on race, age, gender, and religious persuasion in all aspects of the American society, the Boy Scouts of America should not be allowed to exercise discriminatory practices in the process of accepting its members. In this connection, the United States Supreme Court may have erred in its decision with regards the discrimination case filed by James Dale against the Boy Scouts of America in 1992.James Dale’s scouting life started at a tender age of eight when he was accepted as a member of Cub Scout Pack 142 of the Monmouth Council in 1978. By 1981 Dale was already a Boy Scout. In 1988, he was awarded one of the highest honors in scouting – the Eagle Scout rank – after seven years. The following year, 1989, his application for adult membership was approved, becoming an â€Å"assistant scoutmaster of Troop 73† in the process. Between 1981 and 1989, his performan ce as a Boy Scout was nothing short of exemplary (Cornell University Law School, n. d. ).His troubles began when he attended Rutgers University where he immediately acknowledged that he was gay and became the â€Å"copresident† of the alliance of gays and lesbians in the university. In 1990, in his capacity as copresident of their alliance, Dale attended a seminar which confronted the psychological as well as health needs of teenage gays and lesbians. During the seminar, Dale was interviewed regarding his gay advocacy. The Monmouth Council finally learned about his being gay after the interview was published sometime in July 1990, complete with Dale’s picture.That same month, his membership with the Monmouth Council was immediately revoked because, according to James Kay, the council executive who advised him about the revocation, the â€Å"Boy Scouts specifically forbid membership to homosexuals† (Cornell University Law School, n. d. ). The case that ensued sho wed that the country’s courts did not agree whether the Boy Scouts of America was justified in revoking the adult membership of James Dale.Dale first brought the matter to the New Jersey Superior Court in 1992. In his complaint, he claimed that the revocation of his adult membership by the Monmouth Council on the basis of his being gay was in violation not only of the â€Å"public accommodations statute† of the State of New Jersey but also the common law. He alleged that the public accommodations law of the state â€Å"prohibits, among other things, discrimination on the basis of sexual orientation in places of public accommodation† (N.J. Stat. Ann.  §Ã‚ §10:5-4 and 10:5-5 West Supp. 2000 as cited in Cornell University Law School, n. d. ). However, the decision of the Chancery Division of the Superior Court of New Jersey favored the Boy Scouts, stating that the New Jersey law on public accommodations could not be applied in his case because the â€Å"Boy Scou ts was not a place of public accommodation,† that it was, in fact, a private entity and thus was not covered by the public accommodations statute.The Chancery Division also declared that the position held by the Boy Scouts in relation to ‘active homosexuality† was very clear, therefore, it could not be forced to accept active homosexuals like Dale into its membership as provided for by the â€Å"freedom of expressive association† of the First Amendment.It also stated that the common law was likewise inapplicable since the appropriate policy of the state of New Jersey was contained in the public accommodations law and not the common law (Cornell University Law School, n. d. ). In the first instance of disagreement which underlined the case, the Appellate Division of the Superior Court reversed the Chancery Division’s ruling, stating that the Boy Scouts was covered by the public accommodations law.In revoking Dale’s membership, the Boy Scouts, th erefore, violated the law. Sometime later, in affirming the ruling of the Appellate Division, the New Jersey Supreme Court said that the Boy Scouts of America â€Å"was a place of public accommodation subject to the public accommodation law, that the organization was not exempt from the law under any of its express exceptions, and that the Boy Scouts violated the law by revoking Dale’s membership based on his avowed homosexuality† (Cornell University Law School, n.d. ). The New Jersey Supreme Court also addressed the Boy Scouts’ claim that its federal constitutional right â€Å"to enter into and maintain †¦intimate or private relationships †¦ [and] to associate for the purpose of engaging in protected speech† had been violated when the public accommodations law was applied to the case.According to the court, the Boy Scouts is not private enough to deserve the constitutional protection of intimate association for several reasons: first, it is a r ather large organization; second, its purpose is characterized by inclusiveness, not exclusiveness; and, third, it allows and even invites outsiders to attend their meetings. The court agreed with the Boy Scouts that its activities are geared towards encouraging the members’ moral development.Nevertheless, it is of the opinion that the Boy Scouts do not group together for the express purpose of denouncing homosexuality as immoral (Cornell University Law School, n. d. ). Because of the foregoing reasons, the New Jersey Supreme Court decided that retaining Dale as a member of the organization would not be violating the â€Å"right of expressive association† of the Boy Scouts since his membership would have no significant effect on how the members would be performing their duties and obligations.The court further explained that it would be to the best interest of the State of New Jersey to actively participate in the process of eliminating discrimination and all its harmf ul consequences. Finally, it stated that it rejected the reference made by the Boy Scouts to Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston in its attempt to justify its revocation of Dale’s adult membership.According to the court, the Hurley case could not be made a precedent to decide the case for the Boy Scouts since â€Å"the reinstatement of Dale does not compel Boy Scouts to express any message† (Cornell University Law School, n. d. ). When the issue was elevated to the United States Supreme Court, a polarized America surfaced. The American Civil Liberties Union (ACLU), together with some other interested parties, submitted briefs of amici curiae which urged the United States Supreme Court to affirm the decision made by the New Jersey Supreme Court.Taking the side of ACLU and, thus, Dale, were the states of New Jersey, New York, California, Hawaii, Maryland, Massachusetts, New Hampshire, Oklahoma, Vermont, Washington, Atlanta City, and the â⠂¬Å"American Association of School Administrators, American Bar Association, American Civil Liberties Union, American Jewish Congress, American Psychological Association, American Public Health Association, Bay Area Lawyers for Individual Freedom, Deans of Divinity Schools and Rabbinical Institutions, National Association for the Advancement of Colored People, Parents, Families, and Friends of Lesbians and Gays, Society of American Law Teachers, [and] Roland Pool† (ACLU ProCon. org, n. d. ). Their side was argued by Evan Wolfson who was assisted by Ruth E. Harlow, David Buckel, Jon W. Davidson, Beatrice Dohrn, Patricia M. Logue, Thomas J. Moloney, Allyson W. Haynes, and Lewis H. Robertson (ACLU ProCon. org, n. d. ). If several organizations and parties sympathized with the cause of Dale, there were also those who believed that the Boy Scouts of America was right in excluding him.Those who decided to file their amici curiae and urge the United States Supreme Court to reverse th e New Jersey Supreme Court were: â€Å"Agudath Israel of America, American Center for Law and Justice, American Civil Rights Union, Becket Fund for Religious Liberty, California State Club Association, Center for the Original Intent of the Constitution, Christian Legal Society, Claremont Institute Center, Eagle Forum Education & Legal Defense Fund, Family Defense Council, Family Research Council, Gays and Lesbians for Individual Liberty, Individual Rights Foundation, Institute for Public Affairs of teh Union of Orthodox Jewish Congregations of America, Liberty Legal Institute, National Catholic Committee on Scouting, National Legal Foundation, Pacific Legal Foundation, Public Advocate of the United States, United States Catholic Conference, [and] John J. Hurley. † Their case was argued by George A. Davidson who had the assistance of Carla A. Kerr, David K. Park, Michael W. McConnell, and Sanford D. Brown (ACLU ProCon. org, n. d. ). The U. S. Supreme Court agreed to review Dal e’s case on January 14, 2000. By April 26, 2000, oral arguments were heard and two months later on June 28, 2000, in a final show of disagreement among the courts of the country, it handed down a decision reversing the New Jersey Supreme Court, thereby agreeing with the Boy Scouts of America that James Dale should indeed be excluded from its membership. The U. S.Supreme Court decision showed just how divided America was, on the issue, by registering the slimmest of margin with a 5-4 decision (Scouting For All, n. d. ). Even the political leaders of the country were divided on the issue. A few days before the U. S. Supreme Court was to come out with its decision, President Clinton signed Executive Order 13160 which banned discrimination against homosexuals. The 2000 party platform of the Republican Party, on the other hand, contradicted the executive order by supporting the Boy Scouts of America (Tax Analysts, 2000). In effect, the U. S. Supreme Court declared that the Boy Sco uts of America (BSA) is an organization which is private enough to be able to decide whether to accept or reject homosexuals. Some quarters, however, question this decision.They assert that if BSA is indeed private, it should stop accepting government support like tax exemptions and direct funding subsidies. For instance, between 1997 and 2001 alone, the Pentagon provided BSA Jamborees with assistance in the tune of $6 – $8 million. Now, if it wants to continue enjoying these subsidies, it must be honorable enough to honestly pronounce itself public and stop discriminating gays. As Linda Hills of ACLU appropriately expressed, â€Å"The Boy Scouts can’t have it both ways†¦If they truly are a private †¦organization, free to engage in any form of discrimination they choose, then they are not entitled to a government subsidy† (McElroy, 2005).

Burger King Ad Analysis Essay

In June of 2009, Burger King released an advertisement for the â€Å"BK Super Seven Incher† for a limited promotion in Singapore. The sexual message that this ad aims to convey is not so much hidden or subliminal as it is blatantly obvious. Not many would be able to simply glance at this ad and then go about their day. Men and women alike are drawn to the ad because they are either attracted to it or offended by it. Effective advertising usually triggers some kind of powerful emotion within its audience. In that respect, this advertisement succeeds with flying colors. Whether it is because of feelings of disgust or attraction, the images in this ad are difficult to ignore which is exactly what the advertiser envisioned happening. Although very ineffective, this ad is still being analyzed today which is quite significant. Burger King’s advertisement effectively creates and manipulates the narrative, layout, and copy to create a strong reaction to sexism and vulgarity wit hin its audience causing them to only focus on the nature of the ad, not how much they want to buy the product. The ad, through its imagery and text, aims to create a fantasy where all a man has to do is hold a burger and young, attractive women will want to have sex with them. Even if men do not consciously think this way, the idea it is still in the back of their minds. In an attempt to create an effective subtext with these images and words, the ad dehumanizes both men and women. On one hand, the woman in the ad is seen as an object who is only useful in sexual situations — hence the focal point of her face, her mouth which is directly in line with the burger. Many have even noted that the woman resembles a blow-up doll which further solidifies the idea of transforming women into sexual devices rather than human beings. On the other hand, a phallic idea is triggered in a man’s mind that to create the notion that size does matter and this ad presents it as the only thing that really does matter when it comes to attracting a woman. It gives men the impression that if they are no t well endowed, women will disregard them unless they are seen eating this burger. The prominent images of this ad cause the audience to have a strong emotional reaction to the ad whether they know it or not. The portion of the advertisement that first catches the audience’s eye is the image of a stunned, fairly artificial looking woman with her mouth agape to a sandwich that seems to be appearing out of nowhere. The sandwich pictured with the woman also looks much thinner and longer than the one pictured at the bottom. The image of the sandwich next to the woman’s mouth creates obvious phallic visualizations within the audience’s minds. The ad’s blatant allusion to oral sex causes the audience to have a strong reaction upon seeing it. The image suggests that upon eating this sandwich, every adjacent woman will be rendered helpless at the sight of a man holding a seven inch burger. The woman also seems to be looking at something out of frame beyond the sandwich. The mysterious item in the shadows that the woman’s eyes are fixed on adds yet another cue a man could subconsciously get by looking at the ad. This allows a man to conjure up any type of scenario within his mind from only the presence of shadows in the ad. Right below is the second-most prominent part of the ad: the words â€Å"It’ll Blow Your Mind Away† in large font with the two largest words in that sentence being â€Å"It’ll Blow.† The ad tends to two very significant aspects of a young man’s life: food and sex. Food is a basic human need but it is not enough to say that this sandwich will satisfy your hun ger, it must also be able to fulfill another desire. The images of this ad indirectly suggest that the sandwich will cater to a man’s hunger as well as his sexual frustration. Along with the suggestive images this ad presents, the words surrounding the artwork bring an equally as obvious but a much more distasteful idea to the mind. In small font at the bottom it reads: â€Å"fill your desire for something long, juicy and flame-grilled† because we all know that a long cake tastes better than a short one. The fact that the sandwich is seven inches long has little to nothing to do with the quality of the sandwich but rather the visualization that this extra long burger evokes while accompanied with the images. As if that was not enough to make a man go cross-eyed, it goes on to add that the burger will make one â€Å"yearn for more† after one taste. The seemingly endless sexually suggestive elements of this ad just causes it to be mulled over in the minds of men and women alike which adds to its effectiveness not to sell a product but to keep the Burger King name in people’s heads. The name of the product in itself is also something to be considered. Without the imagery of the product it would be unclear as to what is being sold. Only in the small text do you see what this product is actually categorized under — a burger. To someone unfamiliar to this ad, the term â€Å"seven incher† could mean a plethora of items, both sexual and non-sexual. Because of the lack of distinction between food and phallus, the audience gets the wrong (or the right) impression of this product. In describing the burger in further detail, the words â€Å"crispy,† â€Å"thick,† and â€Å"hearty† are used to create the idea that not only will you be attracting women from all over the globe, you will also be buying a top-of-the-line meal for the bargain price of $6.25 — an idea any man would be mesmerized by. One long-running advertisement of a similar product could come to mind when faced with an ad centered upon the size of a sandwich — Subway’s â€Å"Five Dollar Foot Long† campaign. Unlike the Burger King ad, the Subway ad features mainly a catchy jingle and cheery imagery. Subway’s advertisers could have easily gone in the route that Burger King did and made the extra long sandwich sexual. Any company would choose not to sexualize their ads in order to avoid excluding the portion of their audience who would not be attracted to or would even be offended by such graphic images. Subway, instead, used positive and healthy imagery using athletes and generally fit people to advertise their product. In 2008, about the time the campaign for the five dollar sandwich began, the U.S. was faced with a financial crisis. As a result, Subway came up with the campaign of a cheap alternative to healthy food. As a result, a very marketable image of their product was created. A notable difference between Burger King’s ad and Subway’s ad is that the â€Å"BK Super Seven Incher† ad had to be taken down right after the backlash ensued; the everyday â€Å"Five Dollar Foot Long† campaign was sustained until Subway was pushed to increase the price of the sandwich due to inflation. Much like an ad targeted to women of all ages that shows young, thin, energetic girls wearing fashionable clothing, this ad creates false scenarios in the minds of males about a situation that eating this burger will put them in. In the past, the appeals of Burger King ads seemed to be based on humor and were aimed towards a more universal audience. Their ads usually include the advertising mascot of the company, â€Å"The King,† who would often be presented in comical situations. The ad, in no way, alienated any group of people which is why it was kept. The problem in advertising today and particularly in this ad is that companies now allow their products to give off the wrong impression in order to get a rise out of people. Despite its limited release, the unnecessarily sexual nature of the ad sparked much discussion around the world. Not long after the backlash, Burger King officials released a statement expressing that the ad was not created by their principal advertising agency, but by a more independent Singapore agency. Although the ad was taken down shortly thereafter, this does not change the fact that Burger King knew what they were getting themselves into in allowing this ad to be released. Excessively sexualizing a product could mean much negative repercussions for a company. Whether Burger King thought they could sell more sandwiches this way or not, they got the publicity that they were striving for. Although the feedback that they were receiving was extremely negative, it successfully got their name in people’s minds which is considered positive for any company. Burger King, by no accident, released an overly sexual ad that could cause any consumer to think twice. In some cases, sex only sells to a point, then it becomes overkill meaning that the ad could work against them if it is deemed â€Å"too sexual.† Done in the right way, sexual ads are very successful but in those cases the ads are very subtle and usually focus on some kind of subliminal message. Burger King’s target audience who are predominately young males will certainly have a strong reaction to the ad but will most likely not be more inclined to buy the product after seeing it in those terms. This ad is a good example of how shock value gets attention but does not effectively sell a product.

Evaluation of corrosion rate AK80 and ZK60 Mg alloys Essay

Evaluation of corrosion rate AK80 and ZK60 Mg alloys - Essay Example (R.K. Sinnott, 2005) (2) Galvanic Corrosion- When two dissimilar metals are in contact in an atmosphere conducive to corrosion, then by its position in the electrochemical series one forms the anode and the other forms the cathode. The anode thus formed readily corrodes. This principle is used to protect the outside hull of ships by using sacrificial zinc anodes. By its position in the electrochemical series zinc forms the anode and undergoes material erosion thereby protecting the steel hull. (Oliver M. Siebert, B.et al; 1997) (3) Pitting- This is a highly localized form of corrosion. Usually materials are given a good surface finish to prevent its occurrence. The rate of corrosion in such cases is difficult to predict because once the corroding point breaks through the surface finish the material degradation progresses in a rapid manner. This proceeds by forming a pit and in an oxygenated atmosphere its activity is increased. Slag inclusion and entrapment of air during welding and formation of bubbles in pipes and valves during liquid flow all lead to pitting corrosion. (4) Inter-granular Corrosion-This is a form of corrosion which happens in alloying materials. Since alloys are a mix of different metals, the impurities tend to accumulate at the grain boundaries during heat treatment. This leads to propagation of corrosion although the amount of material corroded is small. (Oliver M. Siebert, B.et al; 1997) (5) Stress induced corrosion- This form of corrosion proceeds when materials are subjected to highly stressed environments. After a welding process, there will always be residual stresses that need to be relieved by post weld heat treatment. Failure to do so will lead to these stresses creating cracks and fissures in the welds. Materials that are subjected to repeated cyclic loads may fail due to fatigue stresses that are generated with time. Under such conditions the

Week Two Discussion Questons and Participation Questions Essay

Week Two Discussion Questons and Participation Questions - Essay Example Ironically Toyota prior to the scandal had one of the best quality track records in the industry. Legal risks can be minimized by including clauses in the sales contract of new vehicles that document how long a warranty lasts. Regulatory agencies can have a major impact on the everyday operations of an enterprise. A regulatory agency that oversees all manufacturing operations in America is the Environmental Protection Agency (EPA). The mission of EPA is to protect human health and to protect the environment. One of the laws EPA enforces is the Clean Air Act. The Clean Air Act regulates air emissions from stationary and mobile sources (EPA, 2010). Due to the rigorous environmental standard in the United States certain multinational corporations preferred to establish subsidiaries in foreign location where the environmental laws are softer. This strategy can be used to evade environmental policies. Another environmental law that the EPA regulates is the Safe Drinking Water Act. This Act protects the quality of the water US citizens consume. In poor underdeveloped countries such as the nations located in the Sub-Saharan desert there is major water scarcity and the quality of the water is extremely poor. The existence of regulatory agencies such as the EPA protects the quality of life of the people. In your discussion you mentioned that some corporations are able to evade environmental laws by moving to locations outside the United States. I believe this practice is unethical because these companies know that they are hurting the environment with polluting agents. A way to stop this practice is for the United Nations to create a global environmental agency to oversee the activity of corporations. This way companies will have to adapt to the global laws which should help lower air, soil, and water pollution. Within your responses you mentioned that a way to deal with product liabilities is to establish warranty protocols. For example in the

Toyota and its USA target market Essay Example | Topics and Well Written Essays - 1750 words

Toyota and its USA target market - Essay Example The guiding policy of the company has been production of best quality vehicles at the lowest possible cost and in the safest environment. The company has expanded to other countries including the USA where it has created a firm base in vehicle production. Over the last decade, they have experienced rapid growth and diversification in the USA market in an attempt to increase their scope and quality. In the USA, the automotive sector is very competitive with companies like Toyota, Ford, Chrysler, Chevrolet, Dodge, Jeep and Hummer all competing against each other. With such companies in the industry, Toyota has had to employ superb marketing strategies in order to maintain and increase its customers. They have also consistently improved the quality of vehicles they produce with major improvements in the body shape, speed and luxury. Their improvements in quality of vehicles have earned them customer loyalty that has ensured that the companies’ sales continually increase. The management of the Toyota Company has employed different marketing strategies in order to overcome the stiff competition in the USA. Toyota has designed implementation and control programs that are aimed at increasing the acceptability of its products in the USA market. Its competitors have produced vehicles of similar quality like theirs but social marketing has done a great deal in ensuring they maintain their customers. The company has involved itself in community work, which has made the public appreciate the company and thus purchase their products while in need. Toyota has been in the forefront in environmental management and has organized cleanings exercises in cities such as New York and Michigan an act that publicizes them more and makes the pubic accept them more. Increasing the social acceptability has helped them gain competitive advantage over their competitors and thus thrives in the USA market. Toyota has also implemented augmented marketing by providing additional

Module 5 TD-HRM 401 - Recruitment Essay Example | Topics and Well Written Essays - 250 words

Module 5 TD-HRM 401 - Recruitment - Essay Example Such may include a situation in which an employee has given out some confidential information regarding an investigation into the conduct of an employee by government authorities (Friedman, 2005). Employers need to take several actions that are aimed at minimizing retaliation actions such as coming up with policies against retaliation, proper communication with the employees who are making complaints at a personal level or in a staff meeting, ensuring confidentiality on any complaint that has been raised by the employees as well as proper documentation of any complaint brought up by the employees. Employers need to further offer training to the employee so as to make them to clearly understand what actions constitutes retaliation and how to respond when such occurs. The trainings should be aimed at offering counselling opportunities to the affected employees so as to boost their morale even as they strive to make their genuine concerns to be

Housing Industry Essay Example | Topics and Well Written Essays - 1000 words

Housing Industry - Essay Example The increase in the number of household is as a result of population growth and migration and this in turn results inot an increase in the demand for houses. In 2006 the total number of houses in England was 21,989 thousand according to table 3.1, an analysis of the various regions it was evident that majority of these dwellings which is 16% were located in south east while only 5% of these dwellings were located in the north east region. (Calculations in appendixes 1) The following chart demonstrates the total number of dwellings in thousands for each region in 2006. It is evident from the chart that majority of dwellings are located in the south east and London which is 16% and 15% respectively of total dwellings in England. The following is an analysis of the total number of dwellings in the regions for the year 1996 and the year 2006(calculations in appendixes 2). From the above chart it is evident that each region has experienced an increase in the number of dwellings, however some regions have higher increase than other regions especially the South east region has the highest increase in the number of houses while the north east region has the lowest increase in the numbe... The north east region and the south east region: Percentages of the total for each year: From the above chart it is evident that there has been a decline in the percentage of the total for the South east region whereas there has been a relatively low decline in the percentage of the total for the North East region, however from the trend it is evident that the South east region has maintained a relatively high percentage of the total over the years compared to the North East region. Calculations in appendix 3. Trend in the number of houses in the N. east region and the S. east region: The following chart summarizes the trend in the number of houses in the N. east region: From the above chart it is evident that there has been an increase in the number of houses in the N. east region over the years. From the above chart it is evident that there has been a gradual increase in the number of houses in the S. east region over the years. Moving averages: We now analyze the moving average for the two regions over the years. The following table summarizes the simple centered 3 step moving average for the N. east region from the year 1997 to 2005: (calculations in appendix 4) N. East N. East moving average 1996 1,094 1997 1,100 1099.333 1998 1,104 1104 1999 1,108 1108 2000 1,112 1111.667 2001 1,115 1115 2002 1,118 1118.333 2003 1,122 1122 2004 1,126 1126.333 2005 1,131 1131.333 2006 1,137 The data is summarized by the following chart: The above line chart shows the 3 period centered moving average and the total number of houses in the N. East region. The following table summarizes the simple centered 3 step moving average for the S. east region from the year