Factors of Civic Disengagement Essay Example | Topics and Well Written Essays - 250 words

Factors of Civic Disengagement - Essay Example However, changes in social structures, economic needs, and order of priorities altered several social obligations. As what Robert Putnam (2000) pointed out, residential mobility, economic hard times, and busyness are prime factors of civic disengagement. To best suit the fluidity of lifestyle of today’s Americans, â€Å"thin, single-stranded... are replacing dense, multi stranded, well-exercised bonds† (Putnam, 2000, p. 184). These bonds are more informal which suit the kind of life they lead. One would say that American civic engagement is slowly declining but this is of course, because of several logical and valid reasons. In the striving economic situation and the frequent rise of price for basic commodities, working individuals are not to blame for disengaging from social activities; however, this is not to approve of it but rather, a more considerate point to address the growing economic needs of the family. On the other hand, Putnam (2000) contends that however th ese busy people work for better financial situation, â€Å"economic good fortune has not guaranteed continued civic engagement† (p. 194); busyness does not excuse them of disengaging from civic life. Another factor is residential mobility (p. 204). The Americans’ mobility largely depends on economy; where employment opportunity is dense, they would be willing to relocate.

Credit Risk Management in the UK Banking Sector

Credit Risk Management in the UK Banking Sector Background 3 Literature Review 7 Ascertaining why and how banking credit risk exposure is evolving recently 8 Seeing how banks use credit risk evaluation and assessment tools to mitigate their credit risk exposure 11 The steps and methodologies used by banks to identify, plan, map out, define a framework, develop an analysis and mitigate credit risk 13 Determine the relationship between the theories, concepts and models of credit risk management and what goes on practically in the banking world 17 Ascertain the scope to which resourceful credit risk management can perk up bank performance 19 To evaluate how regulators and government are assisting the banks to identify, mitigate credit risk, and helping to adopt the risk-based strategies to increase their profitability, and offering assistance on continuous basis 20 Research Methodology 21 Analysis 23 Ascertaining why and how banking credit risk exposure is evolving recently 23 Seeing how banks use credit risk evaluation and assessment tools to mitigate their credit risk exposure 25 The steps and methodologies used by banks to identify, plan, map out, define a framework, develop an analysis and mitigate credit risk 31 Determine the relationship between the theories, concepts and models of credit risk management and what goes on practically in the banking world 35 Ascertain the scope to which resourceful credit risk management can perk up bank performance 38 To evaluate how regulators and government are assisting the banks to identify, mitigate credit risk, and helping to adopt the risk-based strategies to increase their profitability, and offering assistance on continuous basis 40 Primary Survey 45 Conclusions 46 Recommendations 50 Bibliography 56 Background The sub-prime mortgage meltdown that hit the global banking sector in 2007, was a result of circumstances, actions and repercussions that began years earlier (Long, 2007). It, the sub-prime mortgage crisis, was based on unsound ground from its inception. Sub-prime mortgages represent loans made to borrowers that have lower ratings in their credit than the norm (investopedia, 2007). Due to the lower borrower credit rating, they do not qualify for what is termed as a conventional mortgage due to default risk (investopedia, 2007). Sub-prime mortgages thus carry a higher interest rate to off set the risk increase, which helped to fuel the United States economy through increased home ownership, and the attendant spending that accompanies it (Bajaj and Nixon, 2006). Implemented by the Bush administration in the United States to get the economy rolling after the recession fuelled by the September 11th air attacks, the entire plan began to backfire as early as 2004 as a result of the continu ed building of new housing without the demand (Norris, 2008). The new construction glutted the market bringing down house prices. This, coupled with a slowing economy in the United States resulted in layoffs, as well as many subprime mortgage holders defaulting on their loans, and the crisis ballooned. Some attribute the over lending of subprime mortgages to predatory lending (Squires, 2004, pp. 81-87) along with the underlying faults of using it as an economic stimulus package that did not control the limits on new housing (Cocheo, 2007). That set of circumstances represented the cause of the subprime mortgage crisis that spread globally as a result of the tightening of credit due to defaulted loan sell offs and restricted banking lending ceilings caused by the Basel II Accords (Peterson, 2005). The complexity of the foregoing shall be further explained in the Literature Review section of this study. The preceding summary journey through the subprime mortgage crisis was conducted to reveal the manner in which banking credit crunches can and do occur. The significance of the foregoing to this study represents an example to awaken us to the external factors that can and do cause banking credit crisis situations, thus revealing that despite good management practices such events can m anifest themselves. It is also true that poor or lax banking practices can have the same effects. Credit risk management represents the assessing of the risk in pursuing a certain course, and or courses of action (Powell, 2004). In addition to the foregoing U.S. created subprime mortgage crisis, the appearance of new forms of financial instruments has and is causing a problem in credit risk management with regard to the banking sector. As the worlds second largest financial centre, the United Kingdom is subject to transaction volumes that increase the risks the banking sector takes as so many new forms of financial instruments land there first. McClave (1996, p. 15) provides us with an understanding of bank risk that opens the realm to give us an overview of the problem by telling us: Banks must manage risk more objectively, using quantitative skills to understand portfolio data and to predict portfolio performance. As a result, risk management will become more process-oriented and less dependent on individuals. Angelopoulos and Mourdoukoutas (2001, p. 11) amplify the preceding in stating that Banking risk management is both a philosophical and an operational issue. They add: As a philosophical issue, banking risk management is about attitudes towards risk and the payoff associated with it, and strategies in dealing with them. As an operational issue, risk management is about the identification and classification of banking risks, and methods and procedures to measure, monitor, and control them. (Angelopoulos and Mourdoukoutas, 2001, p. 11) In concluding, Angelopoulos and Mourdoukoutas (2001, p. 11) tell us that the two approaches are in reality not divorced, and or independent form each other, and that attitudes concerning risk contribute to determining the guidelines for the measurement of risk as well as its control and monitoring. The research that has been conducted has been gathered to address credit risk management in the United Kingdom banking sector. In order to equate such, data has been gathered from all salient sources, regardless of their locale as basic banking procedures remain constant worldwide. References specific to the European Union and the United Kingdom were employed in those instances when the nuances of legislation, laws, policies and related factors dictated and evidenced a deviance that was specific. In terms of importance, credit risk is one of the most important functions in banking as it represents the foundation of how banks earn money from deposited funds they are entrusted with. This being the case, the manner in which banks manage their credit risk is a critical component of their performance over the near term as well as long term. The implications are that todays decisions impact the future, thus banks cannot approach current profitability without taking measures to ensure that decisions made in the present do not impact them negatively in the future (Comptroller of the Currency, 2001). A well designed, functioning and managed credit risk rating system promotes the safety of a bank as well as soundness in terms of making informed decisions (Comptroller of the Currency, 2001). The system works by measuring the different types of credit risk through dividing them into groups that differentiate risk by the risk posed. This enables management as well as bank examiners to mon itor trends and changes to risk exposure, and this minimise risk through diversifying the types of risk taken on through separation (Comptroller of the Currency, 2001). The types of credit risks a bank faces represents a broad array of standard, meaning old and establishes sources, as well as new fields that are developing, gaining favour, and or impacting banks as a result of the tightness of international banking that creates a ripple effect. The aforementioned subprime crisis had such an effect in that the closeness of the international banking community accelerated developments. The deregulation of banking has increased the risk stakes for banks as they now are able to engage in a broad array of lending and investment practices (Dorfman, 1997, pp. 67-73). Banking credit risk has been impacted by technology, which was one of the contributing factors in the subprime crisis (Sraeel, 2008). Technology impacts banks on both sides of the coin in that computing power and new software permits banks to devise and utilise historical risk calculations in equating present risk forms. However, as it is with all formulas, they are only as effective as the par ameters entered (Willis, 2003). The interconnected nature of the global banking system means that bank risk has increased as a result of the quick manner in which financial instruments, credit risk transfer, and other systems, and or forms of risk are handled. The Bank for International Settlements led a committee that looked into Payment and Settlement Systems, which impacts all forms of banking credit risk, both new forms as well as long standing established ones in loans, investments and other fields (TransactionDirectory.com, 2008). The report indicates that while technology and communication systems are and have increased the efficiency of banking through internal management as well as banking systems, these same areas, technology and communications systems also have and are contributing to risk. The complexity of the issues that arise in a discussion of credit risk management means that there are many terms that are applicable to the foregoing that are banking industry specific to this area. In presenting this material, it was deemed that these special terms would have more impact if they were explained, in terms of their context, as they occur to ease the task of digesting the information. This study will examine credit risk management in the UK banking sector, and the foregoing thus will take into account banking regulations, legislation, external and internal factors that impact upon this. Literature Review The areas to be covered by this study in relationship to the topic area Credit Risk Management in the UK Banking Sector entails looking at as well as examining it using a number of assessment and analysis points, as represented by the following: Ascertaining why and how banking credit risk exposure is evolving recently. Seeing how banks use credit risk evaluation and assessment tools to mitigate their credit risk exposure. The steps and methodologies used by banks to identify, plan, map out, define a framework, develop an analysis and mitigate credit risk. Determine the relationship between the theories, concepts and models of credit risk management and what goes on practically in the banking world. Ascertain the scope to which resourceful credit risk management can perk up bank performance. To evaluate how regulators and government are assisting the banks to identify, mitigate credit risk, and helping to adopt the risk-based strategies to increase their profitability, and offering assistance on continuous basis. The foregoing also represents the research methodology, which shall be further examined in section 3.0. These aspects have been included here as they represented the focus of the Literature Review, thus dictating the approach. The following review of literature contains segments of the information found on the aforementioned five areas, with the remainder referred to in the Analysis section of this study. Ascertaining why and how banking credit risk exposure is evolving recently. In a report generated by the Bank for International Settlements stated that while transactional costs have been reduced as a result of advanced communication systems, the other side of this development has seen an increase with regard to the potential for disruptions to spread quickly and widely across multiple systems (TransactionDirectory.com, 2008). The Report goes onto add that concerns regarding the speed in which transactions occur is not reflected adequately in risk controls, stress tests, crisis management procedures as well as contingency funding plans (TransactionDirectory.com, 2008). The speed at which transactions happen means that varied forms of risk can move through the banking system in such a manner so as to spread broadly before the impact of these transactions is known, as was the case with the subprime mortgage crisis debt layoff. One of the critical problems in the subprime crisis was that it represented a classic recent example of the ripple effect caused by rapid interbanking communications, and credit risk transfer. When the U.S. housing bubble burst, refinance terms could not cover the dropping house prices thus leading to defaults. The revaluation of housing prices as a result of overbuilding forced a correction in the U.S. housing market that drove prices in many cases below the assessed mortgage value (Amadeo, 2007). The subprime mortgage problem was further exacerbated by mortgage packages such as fixed rate, balloon, adjustable rate, cash-out and other forms that the failure of the U.S. housing market impacted (Demyanyk and Van Hemert, 2007). As defaults increased banks sold off their positions in bad as well as good loans they deemed as risks as collateralised debt obligations and sold them to differing investor groups (Eckman, 2008). Some of these collateralised debt obligations, containing subprim e and other mortgages, were re-bundled and sold again on margin to still another set of investors looking for high returns, sometimes putting down $1 million on a $100 million package and borrowing the rest (Eckman, 2008). When default set in, margins calls began, and the house of cards started caving in. Derivatives represent another risk form that has increased banking exposure. The preceding statement is made because new forms of derivatives are being created all of the time (Culp. 2001, p. 215). Derivatives are not new, they have existed since the 1600s in a rudimentary form as predetermined prices for the future delivery of farming products (Ivkovic, 2008). Ironically, derivatives are utilised in todays financial sector to reduce risk via changing the financial exposure, along with reducing transaction costs (Minehan and Simons, 1995). In summary, some of the uses of derivatives entail taking basic financial instruments as represented by bonds, loans and stocks, as a few examples, and then isolating basic facets such as their agreement to pay, agreements to receive or exchange cash as well as other considerations (financial) and packaging them is financial instruments (Molvar, et al, 1995). While derivatives, in theory, help to spread risk, spreading risk is exactly what caused t he subprime meltdown as the risk from U.S. mortgage were bundled and sold, repackaged, margined, and thus created a raft of exposure that suffered from the domino effect when the original house of cards came crashing down. Other derivative forms include currency swaps as well as interest rate derivatives that are termed as over the counter (Cocheo, 1993). The complexity of derivatives has increased to the point where: auditors will need to have special knowledge to be able to evaluate the derivatives measurement and disclosure so they conform with GAAP. For example, features embedded in contracts or agreements may require separate accounting as a derivative, while complex pricing structures may make assumptions used in estimating the derivative s fair value more complex, too. (Coppinger and Fitzsimons, 2002) The preceding brings attention to the issues in evaluating the risks of derivatives, and banks having the proper staffing, financial programs and criteria to rate derivative risks on old as well as the consistently new forms being developed. Andrew Crockett, the former manager for the Bank of International Settlements, in commenting on derivatives presented the double-edged sword that these financial instruments present, and thus the inherent dangers (Whalen, 2004) When properly used, (derivatives) can be a powerful means of controlling risk that allows firms to economize on scarce capital. However, it is possible for new instruments to be based on models, which are poorly designed or understood, or for the instruments to give rise to a high degree of common behaviour in traded markets. The result can be large losses to individual firms or increased market volatility. The foregoing provides background information that relates to understanding why and how banking credit risk exposure has and is evolving. The examples provided have been utilised to illustrate this. Seeing how banks use credit risk evaluation and assessment tools to mitigate their credit risk exposure. As credit risk is the focal point throughout this study, a definition of the term represents an important aspect. Credit risk is defined as (Investopedia, 2008): The risk of loss of principal orloss of a financial reward stemming from a borrowers failure to repay a loan or otherwise meet a contractual obligation. Credit risk arises whenever a borrower is expecting to use future cash flows to pay a current debt. Investors are compensated for assuming credit risk by way of interest payments from the borrower or issuer of a debt obligation. Risk, in terms of investments, is closely aligned with the potential return being offered (Investopedia, 2008). The preceding means that the higher the risk, the higher the rate of return expected by those investing in the risk. Banks utilise a variety of credit risk evaluation and assessment tools to apprise them of credit risk probabilities so that they can mitigate, and or determine their risk exposure. There are varied forms of credit risk models, which are defined as tools to estimate credit risk probability in terms of losses from banking operations in specific as well as overall areas (Lopez and Saidenburg, 2000, pp. 151-165). Lopez and Saidenberg (1999) advise us that the main use of models by banks is to provide forecasts concerning the probability of how losses might occur in the credit portfolio, and the manner in which they might happen. They advise that the aforementioned credit risk model projection of loss distribution is founded on two factors (Lopez and Saidenberg, 1999): the multivariate, which means having more than one variable (Houghton Mifflin, 2008) distribution concerning the credit losses in terms of all of the credits in the banks portfolio, and the weighting vector, meaning the direction, characterising these credits. As can be deduced, the ability to measure credit risk is an important factor in improving the risk management capacity of a bank. The importance of the preceding is contained in the Basel II Accord that states the capital requirement is three times the projected maximum loss that could occur in terms of a portfolio position (Vassalou, M., Xing, Y., 2003). Risk models and risk assessment tools form and are a structural part of the new Basel II Accord in that banks are required to adhere to three mechanisms for overall operational risk that are set to measure and control liquidity risk, of which credit risk is a big component (Banco de Espana, 2005). The key provisions of the Basel II Accord set forth that (Accenture, 2003): the capital allocation is risk sensitive, separation of operational risk, from credit risk, vary the capital requirements in keeping with the different types of business it conducts, and encourage the development and use of internal systems to aid the bank in arriving at capital levels that meet requirements An explanation of the tools utilised by banks in terms of evaluation as well as assessment will be further explored in the Analysis segment of this study. The steps and methodologies used by banks to identify, plan, map out, define a framework, develop an analysis and mitigate credit risk. The process via which banks identify, plan, map out, define frameworks, develop analyses, and mitigate credit risk represent areas as put forth by the Basel II Accord, which shall be defined in terms of the oversight measures and degrees of autonomy they have in this process. In terms of the word autonomy, it must be explained that the Basel II Accord regulates the standard of banking capital adequacy, setting forth defined measures for the analysis of risk that must meet with regulatory approval (Bank for International Settlements, 2007). This is specified under the three types of capital requirement frameworks that were designed to impact on the area of pricing risk to make the discipline proactive. The rationale for the preceding tiered process is that it acts as an incentive for banks to seek the top level that affords them with a lowered requirement for capital adequacy as a result of heightened risk management systems and processes across the board (Bank for International Settl ements, 2007). The foregoing takes into account liquidity (operational) risk as well as credit risk management and market risk. The risk management active foundation of the Basel II Accord separates operational risk from credit risk, with the foundation geared to making the risk management process sensitive, along with aligning regulatory and economic capital aspects into closer proximity to reduce arbitrage ranges (Schneider, 2004). The process uses a three-pillar foundation that consists of minimum capital requirements along with supervisory review as well as market discipline to create enhanced stability (Schneider, 2004). The three tiers in the Basel II Accord, consist of the following, which are critical in understanding the steps, and methodologies utilised by banks to identify, plan, map, define frameworks, analyse and mitigate risk (Bank for International Settlements, 2007): Standardised Approach This is the lowest level of capital adequacy calculation, thus having the highest reserves. Via this approach risk management is conducted in what is termed as a standardised manner, which is founded on credit being externally assessed, and other methods consisting of internal rating measures. In terms of banking activities, they are set forth under eight business categories (Natter, 2004): agency services, corporate finance, trading and sales, asset management, commercial banking, retail banking, retail brokerage, payment and settlement The methodology utilised under the standardised approach is based on operational risk that is computed as a percentage of the banks income that is derived from that line of business. Foundation Internal Rating Based Approach (IRB) (Bank for International Settlements, 2007) The Foundational IRB utilises a series of measurements in the calculation of credit risk. Via this method, banks are able to develop empirical models on their own for use in estimating default probability incidence for clients. The use of these models must first be reviewed and cleared by local regulators to assure that the models conform to standards that calculate results in a manner that is in keeping with banking processes in terms of outcomes and inputs to arrive at the end figures. Regulators require that the formulas utilised include Loss Given Default (LGD), along with parameters consisting of the Risk Weighted Asset (RWA) are part of the formulas used. Banks that qualify under this tier are granted a lower capital adequacy holding figure than those under the first tier. Advanced Internal Rating Based Approach (IRB) (Bank for International Settlements, 2007) Under this last tier, banks are granted the lowest capital adequacy requirements, if they qualify by the constructing of empirical models that calculate the capital needed to cover credit risk. The techniques, personnel and equipment needed to meet the foregoing are quite extensive, requiring a substantial investment of time, materials, funds, and personnel to accomplish the foregoing, thus this measure generally applies to the largest banks, that have the capability to undertake these tasks. As is the case under the Foundation Internal Rating Based Approach, the models developed must meet with regulator approval. Under this aspect of the Basel II provisions for this tier, banks are permitted to create quantitative models that calculate the following (Bank for International Settlements, 2007): Exposure at Default (EAD), the Risk Weighted Asset (RWA) Probability of Default (PD), and Loss Given Default (LGD). The above facets have been utilised to provide an understanding of the operative parameters put into place by Basel II that define the realm in which banks must operate. These tiers also illustrate that the depth of the manner in which banks identify, plan, map out, define frameworks, analyse and mitigate credit risks, which varies based upon these tiers. Under the Standardised Approach the formulas are devised by the regulators, with banks having the opportunity to devise their own models. Graphically, the preceding looks as follows: Chart 1 Basel II Three Pillars (Bank for International Settlements, 2007) Determine the relationship between the theories, concepts and models of credit risk management and what goes on practically in the banking world. The Basel Committee on Banking Supervision (2000) states that the goal of credit risk management is to maximise a banks risk adjusted rate of return by maintaining credit risk exposure within acceptable parameters. The foregoing extends to its entire portfolio, along with risk as represented by individual credits, and with transactions (Basel Committee on Banking Supervision, 2000). In discussing risk management theories, Pyle (1997)/span> states it is the process by which managers satisfy these needs by identifying key risks, obtaining consistent, understandable, operational risk measures, choosing which risks to reduce, and which risks to increase and by what means, and establishing procedures to monitor the resulting risk position. The preceding statement brings forth the complex nature of credit risk management. In understanding the application of risk it is important to note that credit risks are defined as changes in portfolio value due to the failure of counter parties to m eet their obligations, or due to changes in the markets perception of their ability to continue to do so (Pyle, 1997). In terms of practice, banks have traditionally utilised credit scoring, credit committees, and ratings in an assessment of credit risk (Pyle, 1997). Bank regulations treat market risk and credit risk as separate categories. J.P. Morgan Securities, Inc. (1997) brought forth the theory that the parallel treatment of market risk and credit risk would increase risk management by gauging both facets would aiding in contributing to the accuracy of credit risk by introducing external forces and influences into the equation that would reveal events and their correlation with credit risk. Through incorporating the influence and effect of external events via an historical perspective, against credit risk default rates, patterns and models result that can serve as useful alerts to pending changes in credit risk as contained in Pyles (1997)/span> statement that ended in due to changes in the markets perception of their ability to continue to do so. The Plausibility Theory as developed by Wolfgang Spohn represents an approach to making decisions in the face of unknowable risks (Value Based Management, Inc., 2007). Prior to the arrival of the Plausibility Theory, Bayesian statistics was utilised to predict and explain decision making which was based upon managers making decisions through weighing the likelihood of differing events, along with their projected outcomes (Value Based Management, Inc., 2007). Strangely, the foregoing this theory was not applied to banking. The Risk Threshold of the Plausibility Theory assesses a range of outcomes that may be possible, however it does focus on the probability of hitting a threshold point, such as net loss relative to acceptable risk (Value Based Management, Inc., 2007). The new Basel II Accord employs a variant of the foregoing that is termed as Risk Adjusted Return on Capital which is a measurement as well as management framework for measuring risk adjusted financial performance and for providing a consistent view of profitability across business (units divisions) (Value Based Management, Inc., 2007). The foregoing theory of including external events in a calculative model with business lines credit risks is yet to be fully accepted as the variables from external predictive models to result in scenarios along with credit risk models is a daunting set of equations. Ascertain the scope to which resourceful credit risk management can perk up bank performance. In equating how and the scope in which resourceful credit risk management can improve bank performance, one needs to be cognizant that credit risk represents the primary type of financial risk in the bank sector as well as existing in almost all areas that are income generating (Comptroller of the Currency, 2001). From the preceding it flows that a credit risk rating system that is managed and run well will and does promote bank soundness as well as safety through helping to make and implement decision making that is informed (Comptroller of the Currency, 2001). Through the construction and use of the foregoing, banking management as well as bank examiners and regulators are able to monitor trends as well as changes occurring in risk levels (Comptroller of the Currency, 2001). Through the preceding, management is able to better manage risk, thus optimising returns (Comptroller of the Currency, 2001). The improvement of credit risk management in terms of identification and monitoring, the process when operated effectively can improve bottom line performance through laying off risk identified as potentially being problematic in the future (KPMG, 2007). Zimmer (2005) helps us to understand the nuances of transferring credit risk by telling us: A bank collects funds and originates loans. It might only be able to attract funds if it holds some risk capital that finances losses and saves the bank from insolvency if parts of its loan portfolio default. If the bank faces increasing costs of raising external finance, CRT has a positive effect on the lending capacity of the bank. Providing the bank with additional risk capital, CRT lowers the banks opportunity cost of additional lending and increases its lending capacity. As has been covered herein, credit risk represents a potential income loss area for banks in that default subtracts from income, thus lowering a banks financial performance. The Bank for International Settlements (2003) advises that the principle cause of banking problems is directly related to credit standards that are lax, which is termed as poor risk management. The preceding reality has been documented by the The Bank for International Settlements (2003) that advises that poor credit risk management procedures and structures rob banks of income as they fail to identify risks that are in danger of default, and thus taking the appropriate actions. A discussion of the means via which resourceful credit risk management enhance bank performance in delved into under the Analysis segment of this study. To evaluate how regulators and government are assisting the banks to identify, mitigate credit risk, and helping to adopt the risk-based strategies to increase their profitability, and offering assistance on continuous basis. In delving into banking credit risk management in the United Kingdom, legislation represents the logical starting place as it sets the parameters and guidelines under which the banking sector must operate. The Basel II Accord represents the revised i

Personal Essay :: essays research papers

How could such a happy name inspire so much fear? Throughout the school, this name was dreaded, feared, cursed, and abused. At the beginning of the school year, there would always be a student weeping with hatred, crying out against his crazed science teacher, Mr. Joy. People thought of him as the embodiment of all evil possible in a teacher, a heartless dictator, a cruel old man. When he walked by, he often got stares, and whispers of â€Å"Hitler† behind his back. On that hot languid September morning, I sat in stony silence at my desk, hearing the warnings of upperclassmen echoing in my ears, waiting for Mr. Joy to appear.   Ã‚  Ã‚  Ã‚  Ã‚   As he walked in, I breathed a temporary sigh of relief. At least I am taller than him! A short wiry man with an almost military gait marched into the room. The hair on his slightly balding head was thoroughly brushed back, his clothes impeccably starched, and his shoes polished so well you could see your own reflection in them. His face seemed hardened by time and experience; he looked bitter, even a little sad. But the most striking feature about his face was his eyes: they seemed to shine with a fierce passion, a burning desire, but for what? As he talked to us about the extensive course requirements, his high expectations, and the heavy workload, we all fidgeted with nervousness in our seats. He spoke with a grim sense of determination, and we listened with a sense of impending doom. But then, suddenly, his voice changed, and his eyes glowed with more intensity than ever before. He told us about his love for biology, and how much he wished that he could impart it to us. He told us about the beauty of the complexity of life in every organism from a delicate butterfly to a steadfast giant sequoia. He was so excited about the recent developments in molecular biology and genetics, but his enthusiasm seemed sincere and real: it wasn’t just the over-caffeinated perkiness of a cheerful kindergarten teacher; it was a genuine love for learning and discovery. The assignments were long and difficult: in the first week itself we were required to memorize the entire periodic table and recite it to the class. Day after day, week after week, students faltered in class, and they were embarrassed: it seemed worse because he didn’t yell; he simply stared at you sternly yet sadly, and calmly called on the next person.

Case Analysis Texas V. Johnson

SUPREME COURT OF THE UNITED STATES ________________________________________ 491 U. S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________ No. 88-155 Argued: March 21, 1989 — Decided: June 21, 1989 This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag.Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his case eventually went to the Supreme Court. Facts And Procedural History In 1984, the Republican Party convened in Dallas, Texas for their national convention. President Ronald Regan, seeking a second term in office, was to be officially delegated as the GOP (Grand Old Party) candidate for President. Scores of individuals organized a political protest in Dallas, which voiced opposition to Reagan administration policies, and those of some Dallas-based corporations.Among these protesters was a man by the name of Gregory Lee Johnson, who participated in a political demonstration, called the â€Å"Republican War Chest Tour. † As the demonstrators marched through the streets, chanting their message, a fellow protestor handed Johnson an American flag that had been taken from a flag pole at one of their protest locations. Upon reaching the Dallas City Hall, Johnson doused the flag with kerosene and set it on fire. In addition, Johnson and his fellow demonstrators circled the burning flag and shouted â€Å"America, the red, white, and blue, we spit on you. No one was hurt or threatened with injury by the act, but many who witnessed it were deeply offended. Therefore, Johnson was arrested, charged and convicted under Texas â€Å"desecration of a v enerated object† statue, sentenced to one year prison, and fined $2000. Moreover, Texas was not the only state to have anti-flag burning laws on the books, 47 other states also criminalized flag desecration (Joel, 2011. ) Principles to the case A principle to the case is mens rea accompanying â€Å"Symbolic expression â€Å"which is a phrase often used to describe expression that is mixed with elements of conduct (Cline, 2011. The issues argued were the 1st Amendment, and protest demonstrations. The Supreme Court has made clear in a series of cases that symbolic expression (or expressive conduct) may be protected by the First Amendment (Cline, 2011. ) However, of the approximately 100 demonstrators, Johnson alone was charged with a crime. Johnson appealed his conviction and his case eventually went to the Supreme Court. The principle to the case is burning a U. S. flag in protest was expressive conduct protected by the First Amendment.In determining the case, the court first considered the question of whether the First Amendment reached non-speech acts, since Johnson was convicted of flag desecration rather than verbal communication, and, if so, whether Johnson's burning of the flag constituted expressive conduct, which would permit him to invoke the First Amendment in challenging his conviction. The First Amendment literally forbids the abridgment only of ‘speech,’ but has long recognized that its protection does not end at the spoken or written word.If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea; simply because society finds the idea itself offensive or disagreeable (Find Law, 2011. ) In addition, Johnson argued that the Texas flag desecration statute violated the First Amendment, which says â€Å"Congress shall make no law †¦ abridging the freedom of speech †¦ or the right of the people peaceably to assemble, and to petition the government f or a redress of grievances. † Consequently, the state of Texas argued that it had an interest in preserving the flag as a symbol of national unity.Analysis Of The Court Findings I agree to some extent with the ruling, since it claims that its interest in preventing breaches of the peace justifies Johnson's conviction for flag desecration. However, no disturbance of the peace actually occurred, or threatened to occur because of Johnson's burning of the flag. Johnson deliberately chose to burn the American flag in order to demonstrate his deep distress over the nation’s policies. His gesture was an attempt to cry out to the government for a redress of grievances, and not to commit an act of juvenile vandalism.The 1st and 14th amendments protect Johnson’s symbolic protest. Also, the only evidence offered by the state at trial to show the reaction to Johnson's actions was the testimony of several persons who had been seriously offended by the flag burning. This case sparked years of debate over the meaning of the flag, including efforts to amend the Constitution to allow for a prohibition of the â€Å"physical desecration† of the flag. The only evidence offered by the State at trial to show the reaction to Johnson's actions was the testimony of several persons who had been seriously offended by the flag burning.They rejected the claim that the ban was necessary to protect breaches of the peace due to the offense that burning a flag would cause. Burning a U. S. flag in protest was expressive conduct protected by the First Amendment. â€Å"The First Amendment literally forbids the abridgment only of ‘speech,’ but we have long recognized that its protection does not end at the spoken or written word†¦. If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. (Find Law, 2011. ) Another fact I find interesting is that Johnson was prosecuted because he knew that his politically charged expression would cause a â€Å"serious offense. † If he had burned the flag as a means of disposing of it because it was dirty or torn, he would not have been convicted of flag desecration under this Texas law; however, federal law designates burning as the preferred means of disposing of a flag â€Å"when it is in such condition that it is no longer a fitting emblem for display,† 36 U. S. C.  § 176(k), and Texas has no quarrel with this means of disposal (ACLU, 2011. Johnson was convicted for engaging in expressive conduct. The State's interest in preventing breaches of the peace does not support his conviction, because Johnson's conduct did not threaten to disturb the peace; nor does the State's interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression. Therefore, the jud gment of the Texas Court of Criminal Appeals was affirmed. Conclusion To put it briefly, grunts and howls do not inspire laws banning them; owever, a person who grunts in public is looked at as being strange, but laws do not punish them for grunting instead of communicating in whole sentences. If people are irritated by desecration of the American flag, it is because of what they believe is being communicated by such acts. Thus, amending the Constitution to permit bans on flag burning is not just a solution in search of a problem. Instead, I believe it is also a â€Å"solution† which will likely serve to create the problem it is trying to solve in the first place. References ACLU (2011. Burn the Flag or Burn the Constitution? Retrieved September 1, 2011 from http://www. aclu. org/blog/tag/flag-burning. Cline, A. (2011) Can Flag Burning Send a Political Message Be Made a Crime? Retrieved September11,2011fromhttp://atheism. about. com/od/flagburningcourtcases/a/TexasJohnson. ht ml. Find Law (2011. ) Cases and Codes. Retrieved September 1, 2011 from http://caselaw. findlaw. com/wa-supreme-court/1102265. html. Joel, S. (2011. ) Texas v. Johnson. Retrieved September 1, 2011 from book Criminal Law, tenth Edition, Page47.

Hassan in The Kite Runner Essay

A perfect friend could be described as someone who is honest and trustworthy, they make you laugh, someone you enjoy spending time with, and most of all they know how to have a good time and pick you up when you’re down. The novel The Kite Runner written by Khaled Hosseini depicts the setting of a great friendship in the best and most thoughtful way but the definition does not seem to match with what others seem to think. Hassan and Amir show utmost loyalty and humility towards each other but with one event the course of both of their lives change and both sides of their friendship do not remain equal. In their childhood days in Kabul Hassan acts as a brave, humble, considerate and hardworking, young boy who only wishes for Amir to succeed and be happy, almost to the extent of being too good to be true. Hassan displays these qualities and attributes through a number of important and notable events. First, Hassan protects Amir in any situation even if it puts him in danger. Second, after retrieving the kite from Assef, Hassan doesn’t even mention what took place to Amir showing his utmost loyalty. Third, Even after he is betrayed by Amir, Hassan continues to lie for the person he considers his best friend. Through these sets of events it will be evident how Hassan shows his attributes and how he, as a character in the novel, might be considered as â€Å"too good to be true† Hassan and Amir were raised together, grew up with each other and lived together for a large chunk of their lives. Although Amir is the only one that goes to madrehseh, school, Hassan does a very good job of trying to keep up with Amir. In Afghanistan â€Å"school smarts† don’t get you that far in public life, situations arise where a young boy cannot merely â€Å"think† his way out of it. This sort of Situation arises between Hassan, Amir and a couple of boys who seemed to be up to no good. Assef, a notorious sociopath and violent boy, and his two friends Wali and Kamal mock Amir for socializing with a Hazara, which, according to Assef, is an inferior race whose members belong only in Hazarajat. One day, he prepares to attack Amir with stainless steel brass knuckles, but Hassan bravely stands up to him, threatening to shoot out Assef’s eye out with his slingshot Amir had bought him. Assef decides to walk away promising to be back. The fact that Hassan was only being bullied and not the one being threatened and still decides to stand up to Assef shows his absolute love and true loyalty to Amir. Even though this situation is early in the book, its significance is still that of utmost importance for the fact of it showing how Hassan will protect Amir in any and all situations even if it puts him in danger. The kite fighting tournament is an event that almost every child in Kabul participates in. For each child that flies a kite, there is one who runs and grabs the kite loosing kites as they fall. Amir and Hassan form a team and they work together every year to try to win the tournament, Amir flies and Hassan runs the kites down. Against all odds they win the competition and Hassan goes to run it down. Soon enough Amir finds Hassan with Assef once again. Too scared to intervene, Amir stands and watches his most loyal friend Hassan get raped. One of the many climaxes of The Kite Runner is this scene because for the rest of Amir’s life he lives with it on his conscience, that he did not do anything to help. Amir and Hassan never speak of that moment again but both of them know what had happened that day. Just like any other average person Hassan could have gotten very mad at Amir, but the fact that he chooses not to shows how humble, caring and considerate of Amir. Not only does Hassan later want to continue their relationship how it was before but he in fact looks to take the blame as he asks Amir later on what he had done wrong to upset him. All of Hassan’s actions are shown in the most loyal and confederate way. As our novel progresses Hassan and Amir become further and further apart from each other, to the point that Amir eventually decides he would no longer like to live in the same household as him. All this time Hassan has been trying to make things wright between them but Amir would refuse to listen. Amir’s frustration ultimately leads to him framing Hassan to get him to leave. In a confusing exchange of dialogue Hassan takes the blame and apologizes, Baba accepts but Ali insists on their immediate dismissal. Again we see Hassan’s sheer love for Amir as he does not want him to get into trouble. Taking all the blame seems to be one of the best ways that Hassan can show his friendship. Doesn’t seem like much, but having the courage and bravery to do it to this extent truly makes Hassan a literally unbelievable character. Although Hassan and Amir’s relationship does not match that which others believe to be true, it is much more. The reason their friendship isn’t the same as others is because they are not friends; they are and always will be brothers. Hassan character is a brave, humble, considerate and hardworking, young boy who only wishes for Amir to succeed and be happy. Hassan displays these qualities and attributes through a number of important and notable events. First, Hassan protects Amir in any situation even if it puts him in danger. Second, after retrieving the kite from Assef, Hassan doesn’t even mention what took place to Amir showing his utmost loyalty. Third, Even after he is betrayed by Amir, Hassan continues to lie for the person he considers his best friend His character is without a doubt too good to be true because of the fact that Khaled Hosseini puts him in the wrong position, Hassan is not Amir friend nor will he ever be. They are brothers for life.