Describe the Acte Clair Doctrine in Cilft (C-283/31) - 1650 Words

Describe the Acte Clair Doctrine in Cilft (C-283/31) (Essay Sample) Content: The acte Clair doctrineStudentà ¢Ã¢â€š ¬s NameInstitutionCourse InstructorDateIntroduction.The acte doctrine, which was implemented in Cilft (C-283/31) provides that in agreement with Article 267 TFEU, that national courts of the last instances have a duty to refer to the ECJ in occasions where questions regarding the interpretation of EU law shows certainty and that it leaves no scope for any reasonable doubt. The acte Clair doctrine is a set of rules that aims at establishing a transparent system of legal solutions in the EU as well as ensuring legal unity in the region. Despite the rules looking very clear they tend to leave national courts with a significant level of discretion. After all, whether a case presented before a national jurisdiction of the instance is beyond reasonable doubt or not it is upon these national courts to make ruling on the issue bestowed upon they judicial powers.Not only is a national judge required to apply the EU laws but he/she should also be convinced that the ECJ and other national courts would also consider an issue to be obvious as he/she perceives it to be. Particularities and different interpretations of EU ought to taken into account by national courts. What strikes is the fact that despite the apparent ECJ strict theoretical formulation of acte Clair doctrine, its practical application in various areas has been very relaxed and flexible. This flexible implementation of this principle has resulted to widespread of the requirements of the acte Clair doctrine.[CITATION CJE15 \l 1033 (CJEU rules in Joined Cases C-72/14 and C-197/14 X (Migrant workers à ¢Ã¢â€š ¬ Social security à ¢Ã¢â€š ¬ E 101 certificate à ¢Ã¢â€š ¬ Probative value), 2015)] In the Joined Cases C-72/14 and C-197/14, both Messer X and Van Dijk had been issued with E 101 certificates by the competent Luxembourgish authority and were subjected to Luxembourg social security legislation. However, the E 101 certificate was not recognized by the Dutch authorities, and Van Dijk and Messer X were considered as subjects and, therefore, were liable for paying Dutch social security contributions. It was because both were Rhine boatmen. The two men, however, challenged the move by the Dutch authorities to issue them with tax assessments. The matter of substance surrounding the Joined Cases C-72/14 and C-197/14 X is centered on the application of Regulation (EEC) No 1408/71, The question before the court is to explain whether the à ¢Ã¢â€š ¬Ã‹Å"Rhine agreementsà ¢Ã¢â€š ¬ is applicable in main proceedings in the EU law. This issue emerged when the Dutch authorities failed to acknowledge particular social security certificates (E 101 certificates) that were arguably in error that had been published by the Luxembourgish officials. Disagreements emerged in the courts in where these cases were referred on whether it was justified for the Dutch officials to do so.[X v Inspecteur van Rijksbelastingdienst (C-72/14) and T. A. van Dijk v Staatssecretaris van FinanciÃÆ'n (C-197/14)] [Weber , T. (2015, September 22). Shining a light on the acte clair. United Kingdom..] Advocate General Wahl opinion notes.Advocate General Wahl in his opinion notes states the reasons why he does not think that E 101 certificates argued to be in error by the Dutch authority and issued to in an environment that is covered by the Rhine Agreements hold any binding effect. Under the procedural issue, Wahl is in the opinion that a difference of view between a lower court and a court of the last instance in the same member state should not prevent the national jurisdiction recourse to the acte Clair doctrine. He thinks that the two cases under consideration raise two different issues. Thus, Wahl divides his assessment of the cases into two parts. First, Wahl discusses the substantive aspect of the mutual acceptance and binding effect of the E 101 certificates. And secondly, the question asked by Hoge Raad pertaining the extent of the doctr ine of acte chair. He asserts that the issues that needed clarity in both cases laid on the ability of the courts to know which social security legislation where applicable to a member of another states that had been issued with an E 101 certificate even when the social security legislation that are applicable to that person were listed in an international law instrument upheld in Article 7 of Regulation No 1408/71. On the applicability of Regulation No, 1408/71 Wahl notes that both courts did not interpret Article 7(2) (a) of Regulation No 14071 as well as the body of case law in pertaining Article 7(2) of the regulation. The commission's view does not convince him that the Rhine Agreements are still applicable due to the virtue aspect of Article 7(2) of Regulation No 1408/71. He acknowledges that the EU is based on the rule of law, and the principle of conferral of powers that constitutes a significant part of the constitutional structure of EU is vital. He warns that when an E U institution lacks legal competence, the actions that it adopts are usually devoid of binding effect. He argues that the same case tends to apply to the state members who are bestowed with the responsibility of ensuring the implementation of the European Union Policy. He argues that the present cases are linked to this since the certificate in this cases were issued by the competent Luxemburg authorities according to Regulation No 574/72, 24 and Regulation No 1408/71.[CairÃÆ' ³, R. E. (2015, September 23). Joined cases C-72/14 and C-197/14 X and case C-160/14 Ferreira da Silva: is the ECJ reversing its position on the acte clair doctrine?] In assessing the doctrine of acte Clair, Wahl centers his arguments on the main issue that was raised by Hoge Raad when the court sort to know if it was possible for a tribunal to resort to the acte doctrine whereby the lower court has referred the same question about European Union law to the ECJ. He is in the firm view that the national cou rt of the last instance should not be prevented from depending on the doctrine of acte Clair just because a lower court in the same state has posted a similar question to the court of justice. He outlines three reasons behind his reasoning. First, he bases his opinion on the growing European community. The EU community when it stated it had only ten members with seven official languages, but now it is a very sophisticated union with twenty-eight members and twenty-four official languages with a definite innovation based on the Lisbon Treaty that primarily advocates on the role of national courts under Article 19(2) TEU. To that end, encountering a real acte Clair situation is very rare. Secondly, he bases his reasoning on checks and balance of the Article 267(3) TFEU. The Commission now demands a duty in overseeing how national courts of the last instance refer to the acte Clair doctrine. And finally, the fact that national courts of the last instance do not prevent having recours e to the acte doctrine even when appealed against distinct differences of views. He also states that in occasions where the national court of the last instance is certain of its interpretation and wants to take responsibility for solving an issue without referring to the court of justice it ought to be allowed to do soIn light to Advocate General Wahl notes in his opinion in the Joined Cases C-72/14 and C-197/14 X it is quite clear that the adoption of a narrow implementation of the principles attached to the acte clair doctrine tend to contradict with reality as well as the spirit of cooperation that shapes the relationship between the national supreme court and the Court of justice. For instance, the expression that national court ought to be convinced that the case before its jurisdiction is equally obvious both to the Court of Justice and to the national courts of other nations is somehow not well elaborated. It should be seen in the same light as with other qualifying factors that are listed in the Clifit and others by the Court of Justice. Circumstances of the judgment in Cilfit and others is made up by kind of a "tool kit" that shows whether or not they is any reasonable doubt in an issue. They are perceived as warning signs by...

City Tech Admissions SAT Scores, Financial Aid, More

CUNY New York City College of Technology, known as  City Tech, has generally accessible admissions, with just around three-quarters of applicants accepted each year. To apply, students are required to submit an application, test scores from the SAT or ACT, high school transcripts, and a writing sample. Check out the schools website for more information, and to contact the office of admissions with any questions. Admissions Data (2016) City Tech Acceptance Rate: 75%GPA, SAT and ACT Graph for City Tech Admissions​CUNY SAT comparison chart City Tech Description City Tech, the New York City College of Technology, is a  public university  and member of  CUNY  located in Brooklyn. The college focuses entirely on undergraduate education and offers 29 associate and 17 bachelor degree programs as well as certificate programs and continuing education courses. The college has been expanding its 4-year degree offerings in recent years. Areas of study are mostly pre-professional in nature such as business, computer systems, engineering, health, hospitality, education, and many other fields. Most students are commuters, and the college prides itself on the diversity of the student body. Enrollment (2016) Total Enrollment: 17,282  (all undergraduate)Gender Breakdown: 55% Male / 45% Female63% Full-time Costs (2016 - 17) Tuition and Fees: $6,669  (in-state); $13,779  (out-of-state)Books: $1,364 (why so much?)Room and Board: $13,713Other Expenses: $5,302Total Cost: $27,048 (in-state); $34,158 (out-of-state) City Tech Financial Aid (2015  - 16) Percentage of Students Receiving Aid: 86%Percentage of Students Receiving Types of AidGrants: 84%Loans: 5%Average Amount of AidGrants: $7,356Loans: $4,301 Academic Programs Most Popular Majors:  Architectural Technology, Community Organization and Advocacy, Computer Engineering Technology, Hospitality Administration, Information Science Transfer, Graduation and Retention Rates First Year Student Retention (full-time students): 77%Transfer Out Rate: 39%4-Year Graduation Rate: 6%6-Year Graduation Rate: 25% Data Source National Center for Educational Statistics If You Like City Tech, You May Also Like These Schools Baruch College:  Profile  |  GPA-SAT-ACT GraphBrooklyn College:  Profile  |  GPA-SAT-ACT GraphCCNY, City College of New York:  Profile  |  GPA-SAT-ACT GraphCollege of Staten Island:  ProfileHunter College:  Profile  |  GPA-SAT-ACT GraphJohn Jay College of Criminal Justice:  Profile  |  GPA-SAT-ACT GraphLehman College:  ProfileMedgar Evers College:  ProfileQueens College:  Profile  |  GPA-SAT-ACT GraphYork College:  ProfilePace University:  Profile  |  GPA-SAT-ACT GraphLong Island University Brooklyn:  Profile  |  GPA-SAT-ACT GraphStony Brook University:  Profile  |  GPA-SAT-ACT Graph City Tech Mission Statement: New York City College of Technology is the designated college of technology of The City University of New York, currently offering both baccalaureate and associate degrees, as well as specialized certificates. New York City College of Technology serves the city and the state by providing exceptionally proficient graduates in the technologies of the arts, business, communications, health and engineering; human services and law-related professions; technical and occupational education; and liberal arts and sciences. The College provides access to higher education for New York City’s diverse population and assures high quality in its programs by a commitment to outcomes assessment. The College also serves the region by developing partnerships with government agencies, business, industry, and the professions, and by providing technical and other services.

Application For Xpertrule And Ethical Issues - 1155 Words

Work Related Application for XpertRule and Ethical Issues The range of applications for XpertRule system to manufacturing, marketing, and sales is so wide. The system is wide ranging as helping a banker in making financial decisions to helping university advisors and university students to plan and schedule appointments. For example, in a financial service industry, XpertRule system can be used by bankers as an advisory system to help make decisions on whether to make a loan available to individuals or businesses. Globalization and modern technology have created competition in the financial industry and these competitions come with risks. Therefore, risk management in the financial industry is important. So persuading superiors in a financial industry such as in a bank, would not be so difficult because risk management is needed in credit, operations, and market. Risk management in banks does not only involve planning and backup but also technical assistance that helps bank managers take quick action and manage all risks (Mali Kulkarni, n. d). This would help increase quality, reduce error, decrease manpower, security system in banks, increase speed for complex tasking, increase customer service, and improve decisions (Mali Kulkarni, n.d). Although this system has some persuasive advantages, it could also be opposed because it might be deskilling decision markers. The use of this system could result in the unwarranted reliance on the system in decision-making and the

Communication in Corporate America - Free Essay Example

Sample details Pages: 5 Words: 1506 Downloads: 8 Date added: 2017/09/21 Category Advertising Essay Type Argumentative essay Tags: America Essay Communication Essay Did you like this example? Running Head: COMMUNICATION IN CORPORATE AMERICA Communication in Corporate America David Tamene Davenport University MGMT 535 Dr. Ruth September 16, 2009 Introduction Communication is one of the most vital components of a business! It is imperative that every business practices good communication within its members. From a managerial perspective, mangers have to make sure they carry out effective communication skills by actively listening to verbal and nonverbal messages. A fundamental strength of great leaders is that they communicate a powerful sense of urgency that mobilizes all troops in pursuit of a brighter and better future (Richardson, 2009). Communication is necessary for all walks of life. It is necessary in the workplace, between employees and their managers, CEOs, and fellow employees. According to one article by McEwen, communication is directly linked to company profits (Ewen, 1998). Furthermore, communication is necessary in maintaining healthy relationship s between family and friends, and especially with significant others. The present paper will analyze how and where communication was impaired and the resulting consequences it created in a very prominent financial company. Smith Financial Corporation was established in the 1800s and served many Fortune 500 companies ( Mcjannet, Hattersley, 2008). In the late 1990s, the Smith group was in need of a new Assistant Vice President and Director of Data Management. It was at this time that Frank Miller was hired. Before joining the Smith Financial Group, Miller worked as a consultant and published a few articles. Miller was keen to learn about Microsoft and thus attended many conferences. When Miller was hired at the Smith Financial Corporation, they were very eager and enthusiastic about Miller. The managers, supervisors, programmers, vice president, and CEO welcomed Miller as though he was a divine intervention whom would â€Å"fix† all their problems. However, to the contra ry, this did not yield to be the case. Soon after joining the Smith Financial team, Miller was creating all kinds of turmoil; from alienating people, to not listening to anyone’s ideas, to purchasing a â€Å"push technology† worth $45,000, not heeding any ideas except his own, and undermining everyone’s intelligence, Miller was creating problems left and right. Six months after being hired at Smith Financial Corporation, Frank Miller was relieved of his duties as Assistant Vice President and Director of Data Management. â€Å"The Internet is known as the global communications network and it is being called by many experts the most promising avenue for business in existence today. Through the use of Internet, companies and government agencies worldwide are finding exciting new ways to serve their customers and communicate with each other† (Dorobek, 2009). Though the internet is our new means of communication, I believe it is one of the biggest culpri ts for miscommunication within an organization, amongst peers, and in personal relationships. As mentioned earlier, communication is a key in every aspect of daily life. A prime example, in which communication lacked or was impaired, was in the case of Frank Miller and the Smith Financial Corporation. The root of the huge problem experienced by the Smith Financial Corporation when they hired Frank Miller was communication! In the case of Mr. Miller, from the time he was hired, there was never proper communication with him and the other staff. At first sight, Miller was brought into the company as though he was a divine intervention, simply brought to miraculously turn the company around. It was never properly communicated to Miller the extent of his job and its responsibilities. To further complicate the matter, Miller was an avid email user and thus communicated many times over email, which may not have been the best means of communication to discuss important business aspects. After being relieved of his duty, the Smith Financial Corporation was left in a â€Å"state of disbelief and shock† ( McJannet, Hattersely 2008). To their unfortunate, the Smith Financial Corporation was not only left without an assistant vice president and once again without a director of data management, but now left in $45,000 more in debt. To avoid such consequences a few simple strategies could have been placed to prevent such downfall. One strategy that could have been implemented is to have an evaluation period upon being hired for Mr. Miller. This period would act as a probation type period, in which the new employee would be evaluated every 2 weeks. The evaluation would be conducted by Brian Jones ( Vice President of Systems and Programming), and would look at how well Mr. Miller was fitting in at the corporation, and also look at any changes he has made and the resulting effects of them. Another effective strategy that could have been placed is to not wait 1 y ear to hire a new employee. One of the problems of the company was that it lacked the proper managerial leadership it needed, and thus when Mr. Miller came on board; he was probably given more power and responsibility than his job entailed. Finally, a third strategy that should have been placed is to ensure proper communication from day 1. Proper communication would entail a contract or meeting that described all of Mr. Miller’s responsibilities, his boundaries as assistant vice president, and the proper etiquette in writing emails to fellow employees. The above 3 strategies all could have been implemented in order to prevent such chaos. The first strategy, â€Å" Bi – weekly† evaluation of Mr. Miller would have prevented many problems because it would forewarn the Vice President, Brian Jones, of the changes that Miller was trying to implement. Furthermore, by doing the evaluation, Jones could have gotten an insight into Miller’s personality traits and how he undermines others and their ideas. Strategy number 2 was not waiting a year to hire a new employee. If the company had not waited a year to hire a new employee, there could have been an easier transition for the new employee: meaning that the new employee had to simply take over the previous position and run things in fairly the same manner. Finally, strategy 3 was to ensure proper communication amongst the staff and Mr. Miller. By having a meeting once a week and discussing pertinent issues, many problems could have been prevented. Proper communication would also entail that each staff member would be forewarned about meeting etiquette, email etiquette, and general respect for others and their opinions. When placed in a managerial or leadership position, listening is a key. It is vital to listen to nonverbal and verbal messages, prevent barriers, exercise willingness and care. The best strategy that I believed that would have prevented the $45,000 dollar loss and have prevented so many people feeling alienated is to execute strategy 1. By going through with this strategy, Mr. Miller would have been evaluated bi weekly. To implement this strategy, I would have made Mr. Miller aware of the probation period. This period would be for the first month, in which I would evaluate Mr. Miller and his work bi weekly. The steps I would take to conduct the evaluation would be to hold bi weekly meetings, in which the other staff members and I would discuss the changes that Mr. Miller has implemented, and the resulting effects, and also analyze how Mr. Miller fits into the corporation. By getting everyone’s opinions about Mr. Miller early on, the corporation could have prevented losing a good employee as well as other employees feeling alienated. In addition, by holding this bi – weekly meetings, I would have had the ability to analyze the work that Mr. Miller had done and analyze if his work yielded the company profits or made the situatio n worst. For example, Mr. Miller wanted to do away with Lotus Notes early on in his career at Smith Corporation, I could have analyzed whether this plan was helping the staff be more efficient at their jobs or just putting more strain on them. Furthermore, another analyses could have been underwent to analyze the funds lost or gained by investing in the â€Å"push technology. † After I evaluated Mr. Miller the first month, I would continue to oversee his doings and monitor his decisions to ensure the company was not losing other employees as well as profits. The end result would be to make sure if the company was yielding the return expected, and if not, ensuring that Miller was getting warning early on. If the warnings did not prove to cause any change, that termination would be the final answer. Though termination would not yield the results wanted, it would prevent major losses in the future of the company, and sometimes it is more important to consider the future and t he implications thereof. Reference Dorobek, C.. (2009, June). The First Step Toward Collaboration Is to Stop E- Mailing. Signal, 63(10), 88. Retrieved September 16, 2009, from Research Library Core. Document ID: 1746998831). Hattersley, M. E. McJannet, L. M. (2008). Management communication : Principles and practice (3rd ed. ). Boston: Irwin Richardson, D.. (2009, August). Leadership Communication in Chaotic Times. Of Counsel, 28(8), 10-13. Retrieved September 16, 2009, from ABI/INFORM Trade Industry. (Document ID: 1839258761). Thaddeus McEwen. (1998). The impact of type and level of college degree on managerial communication competence. Journal of Education for Business, 73(6), 352-357. Retrieved September 15, 2009, from Business Module. (Document ID: 31702727). Don’t waste time! Our writers will create an original "Communication in Corporate America" essay for you Create order

Masculinity And Capitalism In Arthur Millers Death Of A...

This essay will explore the link between masculinity and capitalism and how it is represented and internalized by the character of Willy Loman in Death of a Salesman, and analyze how Willy views success in business as his only means of retaining his masculinity. In Contradictions of Capital and Care, Nancy Fraser says that social reproduction is the work of females while a man’s role is financial (Fraser, 55); if a man cannot be a provider- such is the case with Willy- then by definition of capitalism, he is not a man. Miller wrote the play in 1949, and it is set in the hyper patriarchal society of the mid twentieth century in which gender roles were a necessity, and any man who did not meet the criteria of masculinity (including†¦show more content†¦According to Karl Marx in his essay on estranged labour, the proletariat worker is a commodity (Marx, 69, 71), something to be bought, used, and easily replaced. Willy has experienced the full cycle of the capitalistic wo rkforce, from his very first day as a salesman to his last, when he was disposed of by his superior despite his years of faithful service. This brings to mind an analogy: If you had owned a laptop for ten years and it no longer worked correctly, would you hesitate to replace it? The answer is likely no, and the same viewpoint is held by Willy’s superiors (412) and most other bigshot bosses in the world, fictional or otherwise. Willy is a tool, something the company uses to produce sales. His paycheck is the battery that keeps him going and inspires him to do good work, but eventually he gets old and inefficient, just like any other appliance. Another key point from Marx on estranged labour is that the worker must stay detached from their labour, lest they experience self-estrangement (Marx, 74), which causes a distance from their animal instincts (76), the everyday things that sustain a person, such as eating, drinking, and having sex, that function outside of any economic system. We see this self-estrangement in Willy throughout the play. He is wholly absorbed in his work and has internalized his objectification at the hands of capitalism, and has subsequentlyShow MoreRelatedDeath Of A Salesman By Arthur Miller1573 Words   |  7 Pagesrepresents a character with a tragic flaw leading to his downfall. In addition, in traditional tragedy, the main character falls from high authority and often it is predetermined by fate, while the audience experiences catharsis (Bloom 2). Arthur Miller’s play Death of a Salesman is considered to be a tragedy because this literary work has some of the main characteristics of the t ragedy genre. In this play, the main character Willy Loman possesses such traits and behaviors that lead to his downfall, and theRead MoreArthur Miller s Death Of A Salesman Essay1567 Words   |  7 Pagescharacter with a tragic flaw leading to his downfall. In addition, in traditional tragedy, the main character falls from high authority and often it is predetermined by fate, while the audience experiences catharsis (Irving 247). Arthur Miller’s play Death of a Salesman is considered to be a tragedy because this literary work has some of the main characteristics of the tragedy genre. In this play, the main character Willy Loman possesses such traits and behaviors that lead to his downfall, and theRead MoreThe Changing Relationship Between Individual and Society in Modern Drama3272 Words   |  14 Pagesnonentity without rights outside the role of motherhood or marriage; In the 1930s and 40s, German-born writer Bertolt Brecht, produced a series of plays following ideologies common of Nihilist and later Marxist values; Following the second world war, Arthur Miller wrote to American audiences that individuals and their society are equally damning forces on one another. By following Ibsen, Brecht and Miller, three authors from three different countries, backgrounds and time frames, it is possible to witnessRead MoreEssay on Death of a Salesman and Street Car Named Desire4007 Words   |  17 PagesBiff: â€Å"will you take that phony dream and burn it before something happens† Compare how the authors of Death of a salesman and â€Å"street car named desire explore the conflict between truth and illusion Truth and illusion are utilized in Tennessee Williams â€Å"Streetcar Named Desire† and Arthur Millers â€Å"Death of a salesman† through the use of the character; to lead the reader to a possible conclusion on the beliefs that went into the American dream that prompted people to work hard was that america

Health Promotion Essay - 1688 Words

DEMENTIA The purpose of this essay is to look at dementia in details and get a clear understanding of the level at which this condition affects the society and how it raises public health concern. According to the NHS Choices (2010), Dementia is said to be a condition that carries a group of related symptoms, associated with an ongoing decline in the performance of the brain and its abilities. This condition affects the individual’s memory, thinking, language, and understanding together with judgment abilities. Therefore this essay will be analysing concerns, targets and health promotion initiatives by the government regarding dementia. Dementia is a condition that raises public health concerns and the government is working hard to†¦show more content†¦The government is also focusing on raising the quality of care for people with dementia and giving as much support as they can to the carers according to the Department of Health (2011). By doing this, the pace of improvement in dementia care will be accelerated. The Department of health also published an implementation plan which they called Good Practice Compendium - Living well with dementia (2011). With this initiative the government aims at providing centres that will act as a hub of services to older people with chronic ill health and long term illness such as dementia that require intensive care. It is also the government’s plan to support carers by offering respite care, information and advice in local settings. The government believes that under these arrangements, they will be able to help older people mostly those with dementia to regain the ir lost skills and abilities, which will enable them to maximise their potential and be able to live in their own homes. This is done as a way of promoting dignity and independency. They also want to promote and sustain inclusion and wellbeing. As part of the government’s living with dementia program, the NHS West Kent Dementia Crisis Support services provide a 24 hours care service. This aims at providing a safe environment for individuals while carers are resting and also enables individuals to remain in their own homes and receive appropriate support. This is a useful way of treating people who get acuteShow MoreRelatedEssay on Health Promotion Teaching Plan1307 Words   |  6 Pagesï » ¿ Health Promotion Teaching Plan Anita Moore Jacksonville University School of Nursing June 17, 2012 Health Promotion Teaching Plan My emphasis in this assignment is to develop, implement, and assess a teaching plan concentrated on good nutrition and daily exercise for school age children. The early years are a critical time for founding good eating habits and attitude about food and exercise. 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Tet Offensive free essay sample

The Johnson administration employed a policy of minimum candor† in its dealings with the media. Military information officers sought to manage media coverage by emphasizing stories that portrayed progress in the war. Over time, this policy damaged the public trust in official pronouncements. As the medias coverage of the war and that of the Pentagon diverged, a so-called credibility gap developed. In November 1967 Westmoreland spearheaded a public relations drive for the Johnson administration to bolster flagging public support. In a speech before the National Press Club he said that a point in the war had been reached where the end comes into view. Thus, the public was shocked and confused when Westmorelands predictions were trumped by Tet. The American media, which had been largely supportive of U. S. efforts, rounded on the Johnson administration for what had become an increasing credibility gap. Despite its military failure, the Tet Offensive became a political victory and ended the career of President Lyndon B. Johnson, who declined to run for re-election. Johnsons approval rating slumped from 48 to 36 percent. As James Witz noted, Tet contradicted the claims of progress made by the Johnson administration and the military. The Tet Offensive was the turning point in Americas involvement in the Vietnam War. It had a profound impact on domestic support for the conflict. The Conflict at Home Some advocates within the peace movement advocated a unilateral withdrawal of U. S. forces from Vietnam. One reason given for the withdrawal is that it would contribute to a lessening of tensions in the region and thus less human bloodshed. Early opposition to U. S. involvement in Vietnam was centered around the Geneva conference of 1954. American support of Diem in refusing elections was thought to be thwarting the very democracy that America claimed to be supporting. John Kennedy, while Senator, opposed involvement in Vietnam. Opposition to the Vietnam War tended to unite groups opposed to U. S. anti-communism, imperialism and colonialism and, for those involved with the New Left such as the Catholic Worker Movement, capitalism itself. Others, such as Stephen Spiro opposed the war based on the theory of Just War. Some wanted to show solidarity with the people of Vietnam, such as Norman Morrison emulating the actions of Thich Qu? ng D? c. Some critics of U. S. withdrawal predicted that it would not contribute to peace but rather vastly increase bloodshed. These critics advocated U. S. forces remain until all threats from the Viet Cong and North Vietnamese Army had been eliminated. Advocates of U. S. withdrawal were generally known as doves, and they called their opponents hawks, following nomenclature dating back to the War of 1812. High-profile opposition to the Vietnam War turned to street protests in an effort to turn U. S. political opinion. On 15 October 1969, the Vietnam Moratorium attracted millions of Americans. The fatal shooting of four students at Kent State University led to nation-wide university protests. Riots broke out at the 1968 Democratic National Convention. After explosive news reports of American military abuses, such as the 1968 My Lai Massacre, brought new attention and support to the anti-war movement, some veterans joined Vietnam Veterans Against the War. Anti-war protests ended with the final withdrawal of troops after the Paris Peace Accords were signed in 1973. South Vietnam was left to defend itself alone when the fighting resumed. Many South Vietnamese subsequently fled to the United States. Nixon Expands the War The invasion of Cambodia sparked nationwide U. S. protests. Four students were killed by National Guardsmen at Kent State University during a protest in Ohio, which provoked public outrage in the United States. The reaction to the incident by the Nixon administration was seen as callous and indifferent, providing additional impetus for the anti-war movement. Vietnamization Severe communist losses during the Tet Offensive allowed U. S. President Richard Nixon to begin troop withdrawals. His plan, called the Nixon Doctrine, was to build up the ARVN, so that they could take over the defense of South Vietnam. The policy became known as Vietnamization. Vietnamization had much in common with the policies of the Kennedy administration. One important difference, however, remained. While Kennedy insisted that the South Vietnamese fight the war themselves, he attempted to limit the scope of the conflict. Vietnamization was a policy of the Richard M. Nixon administration during the Vietnam War, as a result of the Viet Congs Tet Offensive, to expand, equip, and train South Vietnams forces and assign to them an ever-increasing combat role, at the same time steadily reducing the number of U. S. combat troops. This referred to U. S. combat troops specifically in the ground combat role, but did not reject combat by U. S. air forces, as well as the support to South Vietnam, consistent with the policies of U. S. foreign military assistance organizations. U. S. citizens? mistrust of their government that had begun after the offensive worsened with the release of news about U. S. soldiers massacring civilians at My Lai (1969), the invasion of Cambodia (1970), and the leaking of the Pentagon Papers (1971). After Nixons election in 1968, Vietnamization became the policy of the United States. While it was a deliberate policy, the name was rather accidental. At a January 28, 1969, meeting of the National Security Council, GEN Andrew Goodpaster, deputy to GEN Creighton Abrams, commander of the Military Assistance Command, Vietnam, said the Army of the Republic of Viet Nam (ARVN) had been steadily improving, and the point at which the war could be de-Americanized was close. Melvin Laird, the Secretary of Defense, agreed with the point, but not with the language: what we need is a term like Vietnamizing to put the emphasis on the right issues. Nixon immediately liked Lairds word. Vietnamization fit into the broader Nixon Administration detente policy, in which the United States no longer regarded its fundamental strategy as containment of Communism, but a cooperative world order in which Nixon and his chief adviser Henry Kissinger were basically realists in world affairs, interested in the broader constellation of forces, and the biggest powers. Nixon had ordered Kissinger to negotiate basic U. S. -Soviet policy between the heads of state via Kissinger and Dobrynin, with the agreements then transferred to diplomats for implementation. In like manner, Nixon opened high-level contact with China. U. S. relations with the Soviet Union and China were seen as far more important than the fate of South Vietnam, which certainly did not preclude South Vietnam maintaining its own independence. Nixon said Vietnamization had two components. The first was strengthening the armed force of the South Vietnamese in numbers, equipment, leadership and combat skills. The second component is the extension of the pacification program in South Vietnam. The first was achievable, but it would take time. For the U. S. , it was trivial to have a U. S. helicopter pilot fly in support, but helicopter operations were too much part of ground operations to involve U. S. personnel. As observed by LTG Dave Palmer, to qualify an ARVN candidate for U. S. elicopter school, he first needed months of English language training to be able to follow the months-long training, and then additional field time to become proficient. In other words, adding new capabilities to the ARVN would often take two or more years. Palmer did not disagree that the first component, given time and resources, was achievable. Pacification, the second component, presented the real challenge it was benevolent government action in areas where the government should always ha ve been benevolently active doing both was necessary if Vietnamization were to work.