The Cyber Crimes of Albert Gonzalez - Free Essay Example

Sample details Pages: 8 Words: 2350 Downloads: 6 Date added: 2017/06/26 Category Information Systems Essay Type Analytical essay Level High school Tags: Crime Essay Cyber Security Essay Did you like this example? Dear Ms. Kazi, As per your request on the 2nd of November, I am attaching a report analyzing the cyber crimes of Albert Gonzalez. Cyber crime is serious offence and can carry long jail terms for serious offenders. Don’t waste time! Our writers will create an original "The Cyber Crimes of Albert Gonzalez" essay for you Create order Albert Gonzalez is currently serving a sentence of 20 years for his crimes. Albert was involved in one of the biggest hacking conspiracies in recent times. He was picked up by the authorities for hacking crimes and fell under their watch as they promised to exchange punishment for his services. He proceeded to help the authorities learn much about computer hacking. But still he could not resist crime. Behind the authorities backs he started to involve himself in hacking and cyber crimes. For which he was eventually caught and is currently serving jail time for. This report will detail those crimes. In this report I will detail all the activities Albert Gonzalez was involved in. As well as a general overview of cyber crime and the punishments received by Albert Gonzalez and what should be done about cyber crime and cyber criminals and hackers. I hope this report is insightful and informative. Along with that I hope I can shed some light on cyber crime and the law regarding cyber crimes. Also the punishments that can result from cyber crime. Yours Sincerely, Gibran Ahmad A REPORT ON THE CYBER CRIMES OF ALBERT GONZALEZ Executive Summary  1 Introduction2 Aim Authorizations Scope Limitations Body3 2.1 Cyber crime 2.1.1 Albert Gonzalez 2.1.2 Punishment Conclusions 6 Recommendations..7 List of references..8 Executive Summary Cyber crime is a rapidly growing form of crime in the modern world. As we make our way through the 21st century we are finding that our technological world is being penetrated by cyber criminals. Hackers like the one detailed in this report, Albert Gonzalez, prey on innocent victims and rob and steal ruthlessly destroying more than one or two peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s lives. This report will detail cyber crime and al that it has becomes in todayà ¢Ã¢â€š ¬Ã¢â€ž ¢s world. It will also detail Albert Gonzalez and his crimes and the punishment he received for his crimes and the law regarding cyber crime. I will make conclusions as to the punishment dealt to Albert Gonzalez and I will give recommendations on what I think should be done with cyber criminals and hackers such as Albert Gonzalez. This report will carry a close analyzation of cyber crime and the law and the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s regarding cybercrime and cyber criminals and hackers. Hopefully this report will be of use a nd highlight the main points of cyber crime and the law. Also it will hopefully be an interesting insight into the particular case of the cyber criminal Albert Gonzalez and how the law has dealt with him. Introduction The aim of this report is to detail the crimes of Albert Gonzalez so as to provide an insight into the world of cyber crime and cyber criminals and how the law deals with them and how the law has been made in recent times to deal with the problem of cyber crime. This report has been prepared for Ms. Methab Kazi, my instructor at Management Development Institute, Islamabad. It is through her authorization that this report has been prepared. The scope of this report is to focus on three main areas. Those are, cyber crime, Albert Gonzalez and the punishment dealt to him and the punishments that are imposed for hackers and cyber criminals under the law these days. The limitations of this report are that it cannot cover all the material involved in such a complex topic such as this but can only focus on the brief summation of the one particular case, that of Albert Gonzalez and in doing so shed some light on the subject of cyber crime and the law. Cyber crime is a serious ad growi ng problem in the modern world. With all the technology available in the world today it is not all as safe as you would like to think. Hackers and cyber criminals have destroyed many a bank account and many peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s lives in their wrongdoings. There is no real definition of cyber crime, but basically à ¢Ã¢â€š ¬Ã‹Å"It refers to illegal internet mediated activities that often take place in global electronic networksà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Cyber Crime Law, 2012). Hackers and cyber criminals exploit the wide range of information available about people on the internet. They steal information and data and use it for their own purposes, usually credit card numbers and such which they use to steal money from the average internet user and spend it on themselves. This is known as fraud. Other cyber crimes include trafficking in child pornography, stealing of intellectual property and violating privacy. à ¢Ã¢â€š ¬Ã‹Å"Cyber crime, especially through the internet, has grown in imp ortance as the computer has become central to commerce, entertainment and governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (M Dennis, 2013). So we can see that cyber crime is a serious problem and there have been many famous cyber criminals in recent times, especially the 21st Century. This report will detail the cyber crimes of a famous cyber criminal in the 21st Century by the name of Albert Gonzalez. It will look at the law regarding cyber crime and the penalties incurred by Albert Gonzalez in his crimes. Albert Gonzalez was known online as à ¢Ã¢â€š ¬Ã‹Å"CumbaJohnnyà ¢Ã¢â€š ¬Ã¢â€ž ¢. He was the mastermind behind a black market website where hackers could sell information such as stolen credit card numbers, and various other information like passport details and social security numbers. This crime ring went by the name shadowcrew.com. He was arrested for his criminal activities in 2003 and when he came under the possession of the authorities they offered him to switch sides and help them catch cyb er criminals. He accepted and became involved with the government of the United States in what they called Operation Firewall. An operation to bring down cyber criminals. He helped the government learn much about cyber crime and with his help 28 different hackers from not only the United States but in six other countries across the world were brought to justice. Their crimes estimated at being worth about 1.7 million dollars US. For his help in catching these criminals he was set free by the United States government and all charges against him were dropped. He was also offered a job with the Secret Service, which he took. But once with the Secret Service, Albert once again turned to his old ways and partnered with another hacker named Makisim Yastremski. He developed a new persona known as à ¢Ã¢â€š ¬Ã‹Å"soupnazià ¢Ã¢â€š ¬Ã¢â€ž ¢ and in partnership with Yastremski formed a new ring of cyber criminals. Gonzalez and his fellow criminals began to drive around town with a powerful ante nna and sitting outside in the parking lots of major stores and department stores began to break into the stores systems and steal countless credit card numbers. Gonzalez then used to transfer this information to his friend Yastremski and he would sell the numbers to the highest bidder. Whilst all this was happening Gonzalez stopped working for the Secret Service and started to live large with all the stolen money he was making from his cyber crimes. The Secret Service began to suspect that Gonzalez was up to his old ways but did not have any proof. He had taught them most of what they knew about hacking, and covered his tracks cleverly. But when his partner living in the Ukraine, Yastremski, was caught by the authorities, all the trails led back to Gonzalez and he was once again caught. In August 2008 Gonzalez was indicted in Federal Court. He pleaded guilty to all charges and in March 2010 was sentenced to twenty years in prison. This is to date the harshest sentence or punishmen t for cyber crime ever handed down in US history. The companies hit by Gonzalez and his men were said to have spent in excess of 400 million dollars to cover their losses. We can see that the penalty incurred by Albert Gonzalez was indeed severe, as it should be. Cyber crime is not something to be taken lightly and the figures of damage held by the companies which included major chains like Target and Barnes and Noble show this. Many peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s lives can be destroyed by the malicious acts of cyber crime. Money that they have worked so hard for is stolen in matter of moments and they are often left with nothing and no compensation. The sentence of twenty years imprisonment for Albert Gonzalez was a fair verdict and his trial was a crucial decision and a major step forward in fighting cyber crime and cyber criminals. The law in regards of cyber crime is serious and as we can see from Gonzalezà ¢Ã¢â€š ¬Ã¢â€ž ¢s sentence often carries heavy penalties. Though the crimes o f Gonzalez were quite a big deal and were on a large scale, even small acts of cyber crime should be heavily punished. The law regarding cyber crime is tight but as we move forward in the 21st century surely there will be more and more cyber crime. à ¢Ã¢â€š ¬Ã‹Å"The number of cyber attacks is increasing at a rapid rate.à ¢Ã¢â€š ¬Ã¢â€ž ¢ (Pc Tools, n.d) In the United States in 2009 there was a report made by the Internet Crime Complaint Center, which is collaboration between the National White Collar Crime Centre and The Federal Bureau of Investigation (FBI). The report stated that there had been 336,655 complaints against cyber crime in 2009, which was a 22.3 percent rise from the year before. It also stated that these attacks totaled $559.7 million US dollars, a 111 percent rise from 2008. The law should leave itself open to constant change and reform in the fight against cyber crime. Hopefully the harsh sentence handed down to Albert Gonzalez will serve as a warning to all those future cyber criminals and hackers that wish to break the law. So we can see from all this that there is now in the modern era a serious rising new threat in the world and that threat is cyber crime. Hackers and cyber criminals are the new wave of law breakers in the technological world we live in today. Cyber crime is not limited to just what we have seen in this case which is the theft of money. Fraud and theft of intellectual property are just as much a threat as having your credit card number stolen, so watch out. Be careful what you buy online and what information you choose to share about yourself. These days not even a secure site like Facebook is safe. Any information you put up about yourself online can be stolen or used against you, so it is best to be careful and only buy things you like from trusted secure websites that have an established name in the online market. The case we have seen above is an extreme one as Albert Gonzalez is to date the man carrying the harshes t punishment for cyber crime in United States history. The thing is that not only smaller acts of cyber crime and smaller time operators should be heavily punished. The example of Albert Gonzalez has two faces, on one hand it serves as a shining example of how the law can always bring you to justice, but on the other hand the extremities of the crimes may serve as a negative influence on some. The extreme nature of Albert Gonzalezà ¢Ã¢â€š ¬Ã¢â€ž ¢s crimes could also inspire other men of similar ambitions to try and get away with what he did. So, there are always two sides to the coin. But no matter what challenges we face in the future, whatever type of outrageous acts of cyber crime may be uncovered, the law should remain on top. With changing laws toward cyber crime and changing and evolving with the times and harsher and harsher punishments we should be able to successfully manage the fight against cyber crime. Conclusions The conclusions that we can draw from this report are that cyber crime is a serious problem that we are facing in the 21st century. The extreme crimes of one Albert Gonzalez as detailed in this report earned the harshest sentence handed down in United States history. Hacker Gonzalez was sentenced to twenty years in prison. Cyber crime is on the rise and so the law has to rise to meet these individuals that seek to break the law. Harsher and harsher punishments are being imposed for those who are caught doing cyber crime and so they should be. Albert Gonzalezà ¢Ã¢â€š ¬Ã¢â€ž ¢s sentence of twenty years imprisonment should serve as a severe warning to all those who wish to involve themselves in these kind of malicious acts. Cyber crime is just as wrong as any other major form of breaking the law and should be dealt with accordingly. Individuals should look at the sentencing of Albert Gonzalez and consider carefully the attractiveness and the ease of getting away with these types of acts as compared to the punishments they could receive if caught. In doing this they should be able to conclude that crime never pays. Recommendations The recommendations that I am making in light of this report are that the law should take a severe stance against cyber crime and cyber criminals and hackers. The governments in all countries across the world should set up special organizations that deal with cyber theft and cyber crime. These specially developed and specially manned operations should be there to deal with the malicious acts of cyber crime and their victims. They should also be there to investigate cyber crime and try and bring down hackers and cyber criminals. These organizations should be there for the sole purpose of catching cyber crime and cyber criminals. Along with this the governments of countries across the world should look at tightening up the law in their country in regards to cyber crime. Strict regulatory laws and laws defining punishments for cyber crime should be imposed. List of References Cyber Crime Law, viewed 28th December 2013 www.cyber-crime-law.com/ M Dennis, 2013, Cybercrime Encyclopedia Britannica, viewed 28th December 2013 www.britannica.com/EBchecked/topic/130595/cybercrime Pc Tools, viewed 4th January 2014 www.pctools.com/security-news/harshest-punishment-computer-history

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Religious Discrimination In The Kite Runner - 1441 Words

In a world where the crawl of our news feed is overcrowded with stories of corrupting education, poverty and increasing violence - religious discrimination is the man behind the curtain. As an ancient issue accompanying mankind throughout existence, religious discrimination has repeatedly been seen responsible the committing countless human to sins. With differences between people, conflicts form when they do not know how to embrace each other. The differences in people’s religions has made them praise their own religion over others, resulting in many cases of violence and even death ever since the Crusades in 1095 (battle between the Christian and Muslim). The novel, The Kite Runner by Khaled Hosseini, displays the issue of religious†¦show more content†¦As a result, Muslim students, especially Islamic societies, feel they are being monitored and are seen as threats in their institutions. Religious students feel they are viewed as potential extremists, even though evidence of radicalisation on campus is negligible. As supposedly equal students studying in the same University, religious students feel more oppressed as a result of the threats and discouragement that their religions garner . This is extremely unfair for religious student - Universities and fellow peers should learn to accept them as they are also a part of the society. Similarly, in The Kite Runner, while the more powerful religious group, the Pashtuns were able to receive education, the Hazaras, like â€Å"Hassan, would grow up illiterate like Ali and most Hazaras had been decided the minute he had been born†(Hosseini 30). Notwithstanding, Pashtuns and Hazaras are all Afghans living in the same country, just one difference in their religion had caused such discrimination and cruel behavior. All in all, religious discrimination have negatively affected the education both in the present and the past. 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Barriers to belonging are evident in the play in ‘As you like it’ and are explored through gender paradigms, and social structures. Particularly through the relationship between Rosalind and Duke Frederick. Due to the usurpation of her fatherRead MoreTheme Of Equality In The Kite Runner822 Words   |  4 PagesEquality is something we humans crave for when we are in a time of hardship. When we are being discriminated against, we feel the utmost pain and the need for freedom. Discrimination has lingered since the beginning of time, and ending it is impracticable. A French novelist, Honore de Balzac proclaims, â€Å"Equality may perhaps be a right, but no power on earth can ever turn it into a fact.† Here, Balzac is acknowledging that an individual is born a free man and is just as equal as any other man. ButRead MoreKhaled Hosseini s Life And Life1947 Words   |  8 Pagesof this Hosseini’s main passion was still writing, and he began to work on his book t he Kite Runner. 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Understanding Management Organizational innovation

Question: Discuss about the Understanding Management for Organizational innovation? Answer: Outlining Tescos present corporate goals and targets Presently Tesco wants to provide their valuable customers with proper understanding of their products along withindividual service. The company wants to receive the admiration of its objectives for itsvalues and comprehend their involvement to identify needs of consumers better than any existing company in the market. One of the strongest corporate goals of this organization is to become competitive even on the fundamentals. The company wants to provide a wide range of products that they want under one roof. Moreover, the target of the corporation is to upgrade the existing stores to their standards (Tesco.com. 2016). Planning: Keeping pace with time and changes in the workplace, the managers of Tesco determines their set of actions. Updating the existing system for the convenience of the customers falls under planning of Tesco. Strategic planning, tactical planning and operational planning are some of the integral parts of this process (Tesco.com 2016). Organizing: The human resource department of Tesco always focuses on proper organizational structure. The HR department of Tesco allocates human resource for proper accomplishment of objectives (Tesco.com. 2016). Apart from that, organizing essential trainings and meetings for the enhancement of employee performance are some essential parts of Tesco. Leading: The managers and the leaders in Tesco try to concentrate on social and familiar sources of influence adopted by other companies in order to stay competitive in the market. The marketing strategy of Tesco differs from other companies and this has made them distinguishable (Tesco.com. 2016). Controlling: The mangers of Tesco in this part hasto concentrate on the part that their performance must not deviate from the standards. Tesco focuses on establishing performance standards and strongly compares actual performance against the set target. Analyzing these parts, the management needs to take some corrective measures wherever necessary (Gamble and Thompson 2014). Identifying and Summarizing Tescos organizational structure Goetsch and Davis (2014) have stated that the structure of an organization most of the times depends on the size, the operating sector, number of employees as well as the physical resources. It is of no doubt to mention that Tesco is one of the leading retailer companies that has 6814 stores till January, 2016 and the total number of employees is more than 500,000. Therefore, in this part, it is important to analyze the organizational structure of Tesco (Tesco.com. 2016). Functional Organizational Structure Functional organizations are structured as per the technical regulations. The senior managers of Tesco are responsible for the proper distribution of resources but the accountability for entire product is not entirely allocated to only one person rather the group of the senior managers. Coordination takes place through agreed organizational procedures along with detailed specifications as well as regular meetings mutually ad hoc and structured. In general, it can be said that those products that demand a high level of professional acquaintance has the requirement of a functional structure (Hill et al. 2014). Divisional Organizational Structure In Tesco, it can be seen that the divisional organizations are divided into several smaller units of operations. Each units of this company is properly associated to a sales and the production unit following sales, production, economics, Human Resource as well as marketing resources that operate under responsible departmental managers. These departmental managers are solely responsible to the unit managers and after that the upward managers of Tesco (Hitt et al. 2012). Discussing the requirement of internal analysis of Strategic Management Process The management of the company believes that to stay in this highly competitive business scenario, it is important to focus on innovation. In the strategic management process, company decides to implement some selected strategies, details the implementation plan as well as keeps apprising the progress as well as success of implementation with the help of regular assessment. Initial assessment Situation assessment Strategy formulation Strategy implementation and Strategy monitoring (Martin et al. 2012) The above-mentioned are the five major steps of the strategic planning process. After strategy planning, it is important to discuss strategy implementation, as this is another major part of the strategic management process. Setting the annual objectives Revising the existing policies in order to convene the objectives Assign resources to those advantageously significant areas Modifying the structure of the corporation to meet new strategies Managing confrontation to change and initiating innovative reward system for enhancing presentation results if required (Rothaermel 2015) Warner (2013) has stated that at this particular stage, managerial skills are more important than using analysis and above-mentioned points are the major steps in this regards. After strategy planning and strategy implementation, in this part, it is important to introduce strategy monitoring. It is no doubt to mention that implementation must be monitored to be properly successful. With the course of time, external and the internal conditions keep on changing and thus the managers must continuously review strengths and weaknesses. If any new circumstances affect the company, managers are required to take corrective action as early as possible. Therefore, it is clear enough to say that internal analysis is highly required to in the entire strategic management process (Wayne 2012). Identifying and explaining three ways in which companies can create more innovative organizational cultures Wayne (2012) has said that every company wants to be a pioneer and innovative and formulate new markets.. Therefore, in this part, focus would be shed on identifying three ways in which the companies can successfully create more innovative organizational culture. These have been introduced here in details. It is important to concentrate on the basics of cultural changes instituting a sense of necessity, creating a guiding partnership, developing a changed vision, authorizing broad based action and incorporating changes into the specified culture. As per the viewpoint of Hitt et al. (2012), managers are required to incorporate some effective strategies in the organization through several new ways that are advanced to the old. However, it is necessary to mention that in order to increase employee motivation and productivity of the company, achievement must be well acceptable and conversed among the employees. Moreover, it is obvious to mention that to create proper and innovative organizational culture, open communication among the employees, customers and the managers are highly required. Secondly, it is important to build a common language of innovation and this must be imaginable, feasible, focused, communicable, desirable as well as flexible. In the present day scenario, many companies operate globally and thus diversity of culture is observed. Therefore, to enhance the performance of the company, it is important for the managers to develop a common language of innovation that would efficiently bring all the employees together (Dhami and Thomson 2012). Thirdly, it can be said that it is important to create a connected corporation, as this has the potentiality to give birth toinnovative organizational culture. It is no doubt to say that most workers have more than one specific skill and it is significant to give them space to innovate. If the employees do not get the chance to flourish properly, the human report is being highly wasted and flushed down the drain. Therefore, the managers are required to have honest and open conversations about the unique talents, skills and abilities each individual possesses. It can be stated that to be victorious at generating a associated association, the managers must organize an successful sketch to magnetize as well as employ consumers and the employees to amplify worker withholding, reinforce partnership, enlarge consumer lifetime importance and most considerably engage in two-way improvement (Rothaermel 2015). Discussing four benefits of effective communication within organization Rothaermel (2015) has stated the importance of effective verbal as well as nonverbal skills, as these are highly valuable in the workplace. Tesco is no doubt one of the leading retail companies and thus it is obvious enough to say that the company requires maintaining a proper and reliable source for communication purpose. Weekly staff meetings, reports, forms, memos are some of the formal communication systems that the company uses for communication. Thus, in this part, it has been tried to discuss some benefits of effective communication within the company. Proper team building: Camisn and Villar-Lpez (2014) have stated that efficient communication in the office encourage the workers and the executives to form a highly efficient team. Proper communication enables the team members to trust each other as well as management. It has been seen that the managers who candidly converse with the subsidiaries can advance positive relationships that advantage the company as a whole. Morale of the employees: Dhami and Thomson (2012) have stated that often an development in worker self-esteem results from proper communication. Generally workers value high-quality communication coming from the administration and it makes a healthy work environment. It can be found that when the employees are satisfied with their jobs, they are able to professionally carry out their duties with positive attitude. Increased productivity: Hitt et al. (2014) have stated that proper communication among and between the workers and the managers deeply increase productivity. In this part, it is important to mention that rather than wasting time on clearing up confusions because of breakdown in communication, employees can engage their time on the job duties (Wayne 2012). Assists with proper diversity: It can be found that office communication is highly significant in the corporations with wide workplace assortment. Proper communication talents help to shorten the obstacles erected due to cultural and language differences. However, in many companies it has been found that the companies that enable communication teaching to domestic and international workers reap the reimbursement of proper and efficient workplace communication (Wayne 2012). References Camisn, C. and Villar-Lpez, A., 2014. Organizational innovation as an enabler of technological innovation capabilities and firm performance.Journal of Business Research,67(1), pp.2891-2902. Dhami, M.K. and Thomson, M.E., 2012. On the relevance of Cognitive Continuum Theory and quasirationality for understanding management judgment and decision making.European Management Journal,30(4), pp.316-326. Fan, J.P., Wong, T.J. and Zhang, T., 2013. Institutions and organizational structure: The case of state-owned corporate pyramids.Journal of Law, Economics, and Organization,29(6), pp.1217-1252. Gamble, J.E. and Thompson Jr, A.A., 2014.Essentials of strategic management. Irwin Mcgraw-Hill. Goetsch, D.L. and Davis, S.B., 2014.Quality management for organizational excellence. pearson. Hill, C., Jones, G. and Schilling, M., 2014.Strategic management: theory: an integrated approach. Cengage Learning. Hitt, M., Ireland, R.D. and Hoskisson, R., 2012.Strategic management cases: competitiveness and globalization. Cengage Learning. Martin, R., Muls, M., de Preux, L.B. and Wagner, U.J., 2012. Anatomy of a paradox: Management practices, organizational structure and energy efficiency.Journal of Environmental Economics and Management,63(2), pp.208-223. Rothaermel, F.T., 2015.Strategic management. McGraw-Hill. Tesco.com. 2016. Tesco | Online Groceries, Homeware, Electricals Clothing. [online] Available at: https://www.tesco.com/ [Accessed 20 Mar. 2016]. Warner, M., 2013.Understanding management in China: Past, present and future(Vol. 119). Routledge. Wayne, S. ed., 2012.Public administration: Understanding management, politics, and law in the public sector. New York: McGraw-Hill.

The United States Supreme Court Marbury v Madison

Introduction The case of Marbury v Madison 5 U.S 137 (1830) is one of the most notable cases in the United States. Over the years, scholars have presented varying views concerning the validity of judicial review as one of the roles of the Supreme Court and its effect on separation of powers between the judiciary and congress.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More Justice Robert H. Jackson underscores the dilemma that the judicial review process creates by granting the judiciary power to nullify laws passed by the representative body of the government thus limiting the power of the majority to govern the country. On the other hand, judicial review provides an avenue through which the judiciary provides checks and balances for the legislature, thus ensuring adherence of laws to the constitution. Constitution makers in the United States ch oose the limited majority rule option as their preferred ideology. This paper explores arguments by Lawrence Baum and Timothy Johnson on the validity of this choice. The authors discuss issues regarding the decision making process in the Supreme Court and its effects on legislative policies. In my opinion, limited majority rule benefits all branches of government as well as the people that the institutions serve. It also ensures that members of congress enact policies that address the needs of the American society as opposed to personal needs of the lawmakers, thus making it the better option of the two choices as explained in this paper. Arguments in support of limited majority rule Lawrence Baum in his book, The supreme Court, explains that the one of the main issues generating controversy with regarding the role of the Supreme Court is the fact that the role grants the court the ability to nullify laws made by congress. In his defense of the implementation of judicial review, he draws attention to a distinction between the will of the majority in reference to the society and the will of the majority in reference to the members of the legislature. He states that most of the scholars who present opinions against judicial review often overlook the difference between the two concepts of the term majority in their analysis of situations. In his opinion, statutes that fail to comply with the constitutional provisions often represent the will of the majority in terms of members of the legislature and note with reference with the American people (Baum 32). He states further that in cases when the will of both the society and members of Congress is evident the Supreme Court often grants its support through its decisions.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More However, during instances when it is evident that the will of the majority only represents the will of the r epresentatives of the people and not the people themselves, the judicial review creates a threshold where the courts can protect the interests of the American people by limiting the power of the majority (Baum 38). In the case of Marbury v Madison, the court gave its reason for dismissal of the petition as repugnancy of the statute, which provided the basis for the petition. In the case, President John Adams appointed William Marbury Justice of the Peace for the District of Columbia. It was the duty of the Secretary of State at the time, James Madison, to deliver the commission to Marbury. However, Madison refused to deliver the commission, thus prompting Marbury to petition to the Supreme Court seeking orders to force Madison to deliver the commission although the court found that Madison acted unlawfully by failing to deliver the commission, it ultimately ruled against Marbury. he court found that the provision of the Judiciary Act, under which Marbury had petitioned, was unconsti tutional as it extended the court’s original jurisdiction established under Article III of the constitution. The article established the judicial branch as well as powers the branch should exercise. The court dismissed the petition and explained that it had no obligation to abide by a statute made by Congress that made provisions contrary to those of the constitution. Chief Justice John Marshall found the provisions of the statute to be repugnant and thus inadmissible in determining the case. An analysis of the case with Baum’s argument on the entity constituting the majority reveals that judicial review in this case limited the rule of the members of Congress rather than the American people. Baum defends the limitation of majority rule in this case by stating that the court also plays the role of defending the integrity of the constitution as part of its implementation. According to Baum, the constitution forms the fundamental law that lays ground for the generation o f the rest of the laws in any society. In his analysis of the issue, he adds that the constitution represents the fundamental policies that define a society and govern its existence. Therefore, any other policies that fail to comply with the provisions of the constitution fail in their representation of the majority (Baum 60). In his perspective therefore, nullification of such statutes by courts results in the protection of the will of the people rather than its limitations. According to this justification, judicial review limits majority rule in instances when the majority is an entity other than the American public and is thus legitimate.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More One of the arguments that lawmakers have advanced against this perspective of the majority rule is that the legislature acts as a representative entity of the people in government and therefore the statues it enacts represent the will of the people. Baum expounds that even though the legislature represents its electorates, the decisions individual members of Congress make are sometimes indicative of personal interests and go against the constitutional provisions. He insists that the court’s mandate regarding judicial review operates principally according to the constitutionality of a statute (Baum 65). Another argument that some scholars advance against the limitation of majority rule is that courts use judicial review to dictate laws and create opportunities for the creation of other laws favorable to the institution. This argument stems out of the premise that some of the methods that the judiciary uses to interpret statutes allow it to overstep its mandate and assume the power of the legislature. Such scholars note that one of the defenses the judiciary gives for such action is the absence of legislative provisions on some issue s and vagueness in others. They add that by limiting the majority rule, the courts encourage the persistence of such inadequacies and subsequently create an environment that allows them to ‘create’ laws through case law and manipulate the direction in which Congress creates laws. For instance Timothy Johnson, author of Oral Arguments and Decision Making in the United States Supreme Court, mentions the application of precedents as one of the methods judges of the Supreme Court apply when interpreting statutes and making decisions. He explains that the application of the principle of precedents in case law requires judges of the Supreme Court to consider decisions the court has made in the past, exhibiting similar facts under similar circumstances. In most cases, lawyers also use this principle to support their cases and make compelling arguments (Johnson 43). Although the argument bears some truth, it is critical to appreciate that judicial review seeks not to curtail th e ability of the legislature to make laws, but it only prevents the application of repugnant statutes due to their unconstitutionality. Johnson explains that even though the Supreme Court sometimes bases some of its decisions on case law, it collectively considers other factors including statutory law.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More He adds that case law often serves to clear doubts regarding the application of certain statutory provisions in cases where the provisions bear more than one meaning (Johnson 52). Baum’s contribution regarding the use of case law in decision-making is that it creates some uniformity and eliminates the possibility of contradictory application of the law by the Supreme Court. In fact, the element of predictability in the application of case law makes the formulation of statutory laws easier as it allows lawmakers to spot gaps in legislative provisions and make appropriate changes, constitutionally. He emphasizes that the Supreme Court cannot make laws and thus relies on the input of Congress in rectifying statutory inadequacies (Baum 72). In cases where Congress fails to identify such gaps in legislation, the courts continue to use case law. It is also important to note that the inception of case law applicable as precedents always relies on existing laws. Any substantial alter ation in the statutory provisions on which such case law is founded elicits formulation of new case law, which incorporates the current changes. The old cases only serve to persuade the court on points of law. Conclusion It is worth noting that the judiciary’s power to nullify laws passed by Congress only runs to the extent of the unconstitutionality of such laws. This provision ensures that the judiciary also stays within its mandate and does not extend its mandate to include making laws through disapproval of laws that do not appeal to the institution’s interests. Although limitations of majority rule through judicial review lacks codification or universal acceptance, the application of the concept depends on the jurisdiction and regarding this case warrants acceptance in the United States. The power of judicial review exists in the American constitution as one of the roles of the judiciary, thus eliminating the need for elements such as international acceptance and statutory inclusion. In addition, the concept of separation of power requires each branch of government to keep the other in check to avoid misuse of power, and thus the legislature should not be an exception based on the simple view of its representation of the people. The limited majority rule is thus a valid and important concept with which all branches of the American government under the American constitution should comply, regardless of the arguments some scholars present against the idea. I chose the limited majority rule as my preferred option as the concept prevents the possibility of moral hazard and protects the interests of both the majority and the minority classifications of the populations that leaders represent. Works Cited Baum, Lawrence. The Supreme Court, Washington, DC: Congressional Quarterly Press, 2012. Print. Johnson, Timothy. Oral Arguments and Decision Making in the United States Supreme  Court, New York: State University of New York Press, 2011. Print. This essay on The United States Supreme Court: Marbury v Madison was written and submitted by user The Watchers to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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Evidence based approach on hand washing by nurses Essay

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