Why did Scott J suggest that search orders had a draconian and Essay

Why did Scott J suggest that search orders had a draconian and essentially unfair nature Columbia Picture Industries Inc - Essay Example The order was executed at the same time with the police search warrant. The court rules unanimously that the action was not a to contravention human rights laws. However, Scott argues that search orders represent a â€Å"draconian and essentially unfair nature†. The doctrine of Anton Piller is one of the most controversial of laws regarding underlying search and entry. Of particular interests is to understand the premises that inform Scott’s stand. Unraveling the â€Å"draconian and essentially unfair nature† of the Search order In labeling the search order as â€Å"draconian and essentially unfair nature†, one would not miss the point in inferring that Scott felt the orders were far from being justified. Thus, in seeking the premise in which Scott’s stand rests, the question of how unjustified the order was is imperative. Indeed, such a question leads to various sound arguments against the search orders. In particular, it can be inferred that searc h orders, in all their forms, are generally draconian owing to their nature of lacking adherence to the laws and statutes that protect human rights. Additionally, the Piller principle and other associated principles, such as ex parte, also go against the laws of equitable remedies.... As such, the court may make utilize injunctions, which creates that allowance for inspection of property and conducting searches. Another term is interim injunction. An interim injunction is an order from the court prohibiting a person in a civil suit from doing or compelling to do something and this is in order to maintain the status quo. Indeed, the premises for the ruling may be considered as those consistent with those in the Anton Piller KG v. Manufacturing Processes Ltd3, wherein it was upheld that the court has the powers to injunct a person from meddling with what is deemed evidence in order to maintain the status quo prior to the issue going to trial. It cannot be disputed that the goals of the provisions are well set. However, they can barely dispel one crucial question ­ --- what is then the place of fundamental human rights? Whereas it could be inferred that the court decision was began as a noble means of ensuring justice through interim injunctions, it mutated to beco me a tool for the abuse of human rights due to most of the order being issued ex parte4. An order issued ex parte is a breach to the stipulations that underlie the bill of rights. Here, Anton Piller law is deemed to be one of the most Draconian of laws since it creates the allowance to acknowledge that the right to privacy, one of the fundamental rights, was breached. The debate on the human rights aspect of the law is however two fold since its contravention of one seems to promote the observance of the other. Article eight of the human rights convention asserts that everyone has the right to respect to his private and family life5. As clearly set in Chapter 8 of the convention, every person is entitled to

Strategic Management Essay Example | Topics and Well Written Essays - 1250 words - 4

Strategic Management - Essay Example 277). The Walt Disney Company's mission has evolved through the years as the company has gained more success. Walter Disney founded the company in 1923; it was after he visited amusement parks with his daughters where he would be bored while they played. The original mission was to provide entertainment of the kind that children and adults both could enjoy, making the whole experience family oriented. However, as the years have progressed, the Disney mission has evolved as well. The official mission statement of Disney is the following: â€Å"The mission of The Walt Disney Company is to be the largest and most trusted producer and provider of entertainment and information. Using our portfolio of brands to differentiate our content, services and consumer products, we will become the most responsive and adaptable to serve the needs of the consumers’ in our target markets. We will maintain our integrity and adhere to the core values upon which our company was founded as we creat e the most innovative and profitable entertainment experiences, most reliable and relevant informational services, and related products in the world† (Walt Disney Mission Statement: Creativity + Innovation = Profits, 2013). One of the key reasons due to which it is as successful as it is due to its strong vision, which is to be one of, if not, the mot major producer and provider of entertainment and information in the world. In fact, the company is now seen to be the most innovative and creative in providing entertainment to children and adults alike, with rides, characters, detailed storytelling, hotels, spas and a sports complex. Important Stakeholders: Stakeholders and risk bearers exist in every business, be it a small home-based one or an expansive multinational. Therefore, naturally, the multibillion-dollar worth, Disney Theme Parks has their share of stakeholders. These include the employees, consumers, communities that live near the resorts, suppliers, factories, retai lers, contract workers, nongovernmental organizations and charities, media, governmental organizations and, of course, the shareholders (The Business Communication Casebook: A Notre Dame Collection, pg. 251). Since it is a company of a large scale, it has numerous stakeholders to consider and engage with when making plans or addressing issues (The Business Communication Casebook: A Notre Dame Collection, pg. 251). It is, in fact, a mark of strength of a company of this large a size to engage with its stakeholders in order to better address their needs and the needs of the communities they work in, to result in more cohesion and better returns. Opportunities and Threats: Although Disney has become a huge corporation in terms of the services it provides, there are still several opportunities and aspects that it can perhaps tap into. Disney, due to its major clientele, can be a good source of promoting world peace and other noble causes. Because it is a theme park stemming from childho od stories and cartoons, it could be a rich source of providing education to the needy since it can reach out to many people. Another philanthropic opportunity it could pursue would be to give employment to citizens that cannot find work elsewhere, as a way of giving them a second chance to make a difference to society. Since Disney is