McCullen v Coakley - Free Essay Example

Sample details Pages: 6 Words: 1808 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Topics: Crime Essay Did you like this example? Running Head: Case Opinion Analysis: Mccullen V. Coakley McCULLEN V. Coakley Case Opinion Analysis For the purpose of this paper I choose to place an opinion applet to the case of Supreme Court of the United States no. 12–1168. Eleanor McCULLEN, et al., petitioners v. Martha Coakley, attorney general of Massachusetts, et al .on writ of certiorari to the United States court of appeals for the first circuit argued on January 15, 2014 and decided June 26, 2014. Following an enactment of the legislature to regulate speech on designated areas on health facilities offering abortion. Holding: The Massachusetts law which makes it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care facility violates the First Amendment. The most important enquiry presented by this appeal is the tolerable extent to which the Massachusetts statute is at par with the constitution and whether the statute violates the First Amen dment with regards to the petitioners talking to the women in health facilities in the aim of talking them down not to take the abortion procedure Some of the those who stand outside Massachusetts abortion clinics are impartially described as protestors, who express their moral or religious antagonism to abortion through signs and chants or, in some cases, more aggressive methods such as head-on opposition. Petitioners take a different method. They try to engage women approaching the clinics in what they call â€Å"sidewalk counseling,† which involves offering information about alternatives to abortion and help taking those options. The Massachusetts statute confers it a crime to knowingly stand on a public way or sidewalk within 35 feet of an entrance or driveway to any place, other than a hospital, where abortions are performed. Mass. Gen. Laws, Ch. 266, 120E ½ (a), (b) (West 2012). The Petitioners are the entities who approach and talk to women outside such amenities, trying to discourage them from ta king the abortions. The statute inhibits petitioners from doing so near the facilities entrances. The epicenter of this case is based on the mass. Gen. Laws Ch. 266 120E  ½ (2007) the act. the pertinent provisions of the act are detailed in some detail in which the alleged persons are restricted from the public and sidewalks of reproductive health care amenities which are within the marked buffer zones which span 35 feet of any portion of the driveway entrance or exit or such an area created by extending the boundaries of the same locations to the point which there is intersection with the street sideline in front of such a driveway, entrance or exit. This act in the revision of 2000 however exempts the persons leaving or entering the indicated facilities, the employees and the agents of the facility, the law enforcement personnel, utility personnel firefighting ambulances and public works staff. It also exempts the people using the areas with the sole purpose of right of way to get to their destination. On 16th of January 2008 this action was brought against the Massachusetts attorney general in the federal district court with an allegation of a varied constitutional claims and invoking 42 U.S.C. 1983. The court separated the plaintiff’s facial challenge from their as applied challenge thus addressing the facial challenge and upholding the act. Following an appeal the court held that the act was a content neutral, valid and viewpoint neutral. The plaintiffs over breadth claim was rebuffed by citing the Hill v. Colorado 530 U.S 703(2000) from which the Supreme Court upheld a Colorado statue which controlled communicative activities within 100 feet of healthcare facility entrances. Finally, it was ruled that the Act did not constitute an unlawful prior restraint on protected speech. What remained then was the plaintiffs as applied challenge. As a threshold matter it invokes the case of doctrine counteratta cked the plaintiffs effort to reargue the facial constitutionality of the Act. Next, it allowed the defendants motion for judgment on the pleadings with regard to seven as-applied counts. Id. at 141-45. Resulting to whether the Act, as applied, constituted a valid time-place-manner directive, the court concluded that the only trial worthy subject concerned the suitability of alternative channels of communication at the affected facilities. Id. at 145. Following a bench trial, the court upheld the Act as applied. McCullen III, 844 F. Supp. 2d at 213-25. The essential or salient facts; In line with magistrate court holding the act on its face is constitutionally valid time place manner regulation .the court had a finding that the law of the case doctrine barred re litigation of the issue. The law of the case e doctrine constitutes of two branches which both apply in the case brought forward; one which embodies the mandate rule prevents re litigation in the trial court of matters that were explicitly or implicitly decided by an earlier appellate decision in the same case. United States v. Matthews, 643 F.3d 9, 13 (1st Cir. 2011) (internal quotation marks omitted). The second binds a successor appellate panel in a second appeal in the same case to honor fully the original decision. For certainty, the law of the case doctrine concedes of certain exceptions. But the conditions giving escalation to those exceptions are scarcely bounded: A party may avoid the application of the law of the case doctrine only by showing that, in the relevant time frame, controlling legal authority has changed dramatically; or by showing that significant new evidence, not earlier obtainable in the exercise of due diligence, has come to light; or by showing that the earlier decision is blatantly erroneous and, if uncorrected, will work a miscarriage of justice. Although the plaintiffs refer in desultory fashion to the third exception, they make no reference to the second exceptio n and their only claim pertains to the first exception. The plaintiffs base their claim on recent verdicts of the Supreme Court standing for the wholly unremarkable proposition that content-based and speaker-based speech restrictions are disfavored, Snyder v. Phelps, 131 S. Ct. 1207 (2011); Citizens United v. FEC, 130 S. Ct. 876 (2010). The propositions for which the plaintiffs quote the above cases are no more than conservative First Amendment principles declaimed by the Supreme Court in the setting of actual scenarios far different form the scenario presented by the issue at hand . The verdict on which the plaintiffs depend on most profoundly Citizens United — is symbolic of this point. Citizens United domineered Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), which had held that corporate entities, with contrast to other speakers, could be forbidden from engaging in partisan speech. The plaintiffs contend that Citizens United proclaimed, at first, an umbrella ban on all speaker distinctions, whatever the situation. This unconditional ban, they say, should serve to invalidate the Act as a speaker-specific restriction. This is an imprecise interpretation of Citizens United. The Citizens United Court alleged that government cannot entirely forbid corporate political speech. In support, it raised the central principle laid out in First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), to the effect that the First Amendment does not permit political speech limitations based on a speakers corporate affiliation . Citizens United, 130 S. Ct. at 903. Going by fact, the act makes no such distinction. The plaintiffs, however, are undeterred. They seize upon a remote statement in Citizens United: Prohibited, too, are restrictions distinguishing among different speakers, allowing speech by some but not others.† But they tug this statement from its context and they neglect to mention that the Court cites Bellotti a case th at substantially precedes this proposition. It appears that The Courts dependence on Bellotti is not a mere chance. After all, the Citizens United Court pronounced its decision as a reappearance to classic First Amendment jurisprudence rather than a withdrawal therefrom. The Court did not withdrawal from its well-settled abortion clinic/buffer zone jurisprudence. Seen in this light, the court of appeal could not read Citizens United as undermining the First Amendment foundation on which our rejection of the plaintiffs facial challenge rested. With reference to the Snyder case, in which the Court held that the First Amendment excludes tort liability against persons who had peacefully remonstrated, on public property, at the funeral of a Marine. Snyder, 131 S. Ct. at 1213-14, 1220-21. For another time the Court did no more than refer to the long-recognized First Amendment principles. And while it restated the special status of public streets as the epitome of a customary public mee ting, it ensued to confirm that even public settings are subject to reasonable time-place-manner regulations. It is particularly telling that, in making this point, the Court referred explicitly to the abortion clinic buffer zone that it had upheld in Madsen. The plaintiffs dependence on Sorrell is similarly mislaid. The Sorrell Court overturned a Vermont law that regulated the sale, expose, and use of pharmacy records for marketing purposes. Sorrell, 131 S. Ct. at 2659. The law by fact was content-based and speaker-based, and had been endorsed with the avowed purpose of diminishing the efficiency of marketing by manufacturers of brand-name drugs. It is the courts holding that the Massachusetts law is one viewpoint neutral and that it does not discriminate on the basis of content. It treats the Massachusetts law like it bans all manner of speech within the stipulated buffer zones. While this law would be content neutral on its face, there are situations in which the law prohib iting all speech at a particular location would not be content neutral in fact. Suppose, for instance, that a facially content-neutral law is enacted for the purpose of suppressing speech on a particular topic. Such a law would not be content neutral. The bottom line is that, to be cognizable, a claim of uneven enforcement requires state action. The First Amendment is concerned with government interference, not private jousting in the speech marketplace. In this case, I don’t think it was possible to reach a ruling about the intentions of the Massachusetts Legislature without taking into account the fact that the law that the legislature enacted deliberately discriminates on the basis of a viewpoint. In light of this proposition, as well as the over breadth that the Court recognizes, it cannot be said, based on the current record, that the law would be content impartial even if the exemption for clinic employees and agents were excised. However, if the law were truly conte nt neutral, I would agree with the Court that the law would still be unconstitutional on the ground that it burdens more speech than is necessary to serve the Commonwealth’s asserted interests. References Bellotti v. Baird, 428 U.S. 132, 96 S. Ct. 2857, 49 L. Ed. 2d 844 (1976). Citizens United v. Federal Election Comn, 130 S. Ct. 876, 558 U.S. 310, 175 L. Ed. 2d 753 (2010). First Nat. Bank of Boston v. Bellotti, 435 U.S. 765, 98 S. Ct. 1407, 55 L. Ed. 2d 707 (1978). Lessig, L. (2000). Copyrights First Amendment. UCLA L. Rev., 48, 1057. McCullen v. Coakley, 571 F.3d 167 (1st Cir. 2009). Merkle, S. E. (2009). Snyder v. Phelps. SCL Rev., 61, 657. Mass. Gen. Laws, Ch. 266, 120E ½ (a), (b) (West 2012). Snyder v. Phelps, 131 S. Ct. 1207, 562 U.S. 09, 179 L. Ed. 2d 172 (2011). Don’t waste time! Our writers will create an original "McCullen v Coakley" essay for you Create order

Benefit of Smoking Free Essays

BENEFIT OF SMOKING 1. Smoking lowers risk of knee-replacement surgery While smokers might go broke buying a pack of cigarettes, they can at least save money by avoiding knee-replacement surgery. Surprising results from a new study have revealed that men who smoke had less risk of undergoing total joint replacement surgery than those who never smoked. We will write a custom essay sample on Benefit of Smoking or any similar topic only for you Order Now The study, from the University of Adelaide in Australia, appears in the July issue of the journal Arthritis Rheumatism. What could be the connection? Knee-replacement surgery was more common among joggers and the obese smokers rarely jog and they are less likely to be morbidly obese. After controlling for age, weight and exercise, the researchers were at a loss to explain the apparent, albeit slight protective effects of smoking for osteoporosis. It could be that the nicotine in tobacco helps prevent cartilage and joint deterioration. 2. Smoking lowers risk of Parkinson’s disease Numerous studies have identified the uncanny inverse relationship between smoking and Parkinson’s disease. Long-term smokers are somehow protected against Parkinson’s and its not because smokers die of other things earlier. The most recent, well-conducted study was published in a March 2010 issue of the journal Neurology. Far from determining a cause for the protective effect, these researchers found that the number of years spent smoking, more so than the number of cigarettes smoked daily, mattered more for a stronger protective effect. Harvard researchers were among the first to provide convincing evidence that smokers were less likely to develop Parkinson’s. In a study published in Neurology in March 2007, these researchers found the protective effect wanes after smokers quit. And they concluded in their special scientific way that they didn’t have a clue as to why. 3. Smoking lowers risk of obesity Smoking — and, in particular, the nicotine in tobacco smoke — is an appetite suppressant. This has been known for centuries, dating back to indigenous cultures in America in the pre-Columbus era. Tobacco companies caught on by the 1920s and began targeting women with the lure that smoking would make them thinner. A study published in the July 2011 issue of the journal Physiology ; Behavior, in fact is one of many stating that the inevitable weight gain upon quitting smoking is a major barrier in getting people to stop, second only to addiction. The relationship between smoking and weight control is complex: Nicotine itself acts as both a stimulant and appetite suppressant; and the act of smoking triggers behavior modification that prompts smokers to snack less. Smoking also might make food less tasty for some smokers, further curbing appetite. As an appetite suppressant, nicotine appears to act on a part of the brain called the hypothalamus, at least in mice, as revealed in a study by Yale researchers published in the June 10, 2011 issue of the journal Science. No respectable doctor would recommend smoking for weight control, given the toxic baggage accompanying cigarettes. This recent Yale study, however, does offer an inkling of hope for a safe diet drug to help obese people control their appetites. 4. Smoking lowers risk of death after some heart attacks Compared with non-smokers, smokers who have had heart attacks seem to have lower mortality rates and more favorable responses to two kinds of therapy to remove plaque from their arteries: fibrinolytic therapy, which is basically medication; and angioplasty, which removes the plaque by inserting balloons or stents into the arteries. There’s a catch, though. The reason why smokers have heart attacks is that smoke scars the arteries, allowing fat and plaque to build up in the first place. So, one theory as to why smokers do better than non-smokers after such therapies is that they are younger, experiencing their first heart attack approximately 10 years before the non-smoker. A study published in an August 2005 issue of the American Heart Journal, however, states that age alone is not enough to fully explain the survival differences and that â€Å"the smoker’s paradox is alive and well. † No alternative theories have been put forth since. 5. Smoking helps the heart drug clopidogrel work better Clopidogrel is a drug used to inhibit blood clots for those patients suffering from coronary artery disease and other circulatory diseases leading to strokes and heart attacks. Smoking seems to help clopidogrel do its job better. A study by Korean researchers in the October 2010 issue of the journal Thrombosis Research builds upon work by Harvard researchers published in 2009 that demonstrates the benefit of smoking at least 10 cigarettes a day. It seems that something in cigarette smoke activates certain proteins called cytochromes, which convert clopidogrel into a more active state. Again, no respectable doctor is encouraging patients to start smoking to get the most out of clopidogrel. But this and the other four â€Å"benefits† of smoking reveal how tobacco — perhaps not unlike other potentially toxic plants — might contain certain chemicals of real therapeutic value. 6. Smoking Relieves Stress This is the most common thing you hear from smokers about the benefits of smoking. This is because cigarettes create a myriad of conditions that help the body deal with anxiety, stress, and depression. 7. Smoking Relaxes Your Breathing The way you breathe when you smoke helps your body relax and calm down. For people who have panic attacks or stress problems, Doctors recommend patients practice a sort of breathing called relaxation breathing. Among other things, it involves taking a deep breath into the lungs and holding it in for a second or two before exhaling. This is exactly like the act of smoking. This kind of breathing slows your heart rate and relieves tension in your muscles, especially your neck and upper back, which tense up in stressful situations. 8. Outside Smoke Breaks Calm You Down If you go outside for smoke breaks, this simple act can really help you deal with your stress. Say if you’re in a fight with your spouse or close to the deadline on a major project for work, leaving the house or office to step outside for a smoke break helps you deal with the stress. * You get a break from your stressor * You get into the open and fresh air * You leave the stressful environment * You have time to think about your problems from an objective point of view   * The nature and sky outside helps your mind calm down and relax 9. Nicotine is an Anxiety and Depression Medication The nicotine in cigarettes is also a major factor of stress relief. Nicotine is a chemical which mildly and temporarily stops the feelings of anxiety and depression. After an inhale of cigarette smoke, the nicotine reacts in your brain chemistry within seven seconds. Nicotine makes the brain feel better, and stops the chain reaction anxiety and depression can have within the brain. It is no surprise that 1/3 of nicotine addicts claim to have depression or anxiety problems. Cigarettes are a great form of self medication. How to cite Benefit of Smoking, Papers

Survival Of The Sickest Essay Example

Survival Of The Sickest Essay For this assignment, several questions will require answers to be a paragraph or n,vow. A typical paragraph consists of 45 sentences. If you do quality work you will probably w rite MORE than two paragraphs for a number of your responses. 5. Be sure to use the spell check function before submitting your assignment. Have someone else proofread your answers to make sure they make sense. 5. Another key skill you will need is to SE evidence to support what you claim. In science, your opinion holds very little weight, you must provide evidence to support whatever ere claim you make in response to a question. This does not mean copy something from the book wormwood. Whenever you cite specific evidence or facts from the book that you did not already know w, I want you to reference the page number from where you pulled that information in parentheses. EVE RYE answer will require you to make at least one or two citations. For example, might make the follow ins claim from the book, thus will reference the page number as follows: In the 1 sass people with humidifications were more likely to survive and r produce because of their remonstrated macrophages. This means people with the mutation for hem chromatics were more likely to pass on the defective gene to their children. So generation after generation, more and more people had the gene for humidifications and possibly explains why the plague died out by 1350. (p. 5) Notice did not copy this information wormwood, but paraphrased it and p t it into my own words. You have been assigned Chapter 1 of the book Survival of the Sickest. Type your answers under each Of the questions asked below: Chapter 1 Ironing it Out Read pages 122 1 . Define homeomorphisms and explain what conditions it can lead to. homeomorphisms. We will write a custom essay sample on Survival Of The Sickest specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Survival Of The Sickest specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Survival Of The Sickest specifically for you FOR ONLY $16.38 $13.9/page Hire Writer

Drilling Offshore or not Essay Example

Drilling Offshore or not Essay Example Drilling Offshore or not Essay Drilling Offshore or not Essay Name: Lecturer: Course: Date: Reflection paper The research paper presents an argument on the effects of offshore oil drilling. The engineer appreciates the fact there is a high demand of oil in many countries. Due to the economic status, offshore drilling is the most economical method of oil mining. However, the researcher registers great concern on the consequences of this method, for example oil spillage, which results to severe pollution of the environment. Instead of using this inappropriate method, there are other alternative mentioned. The researcher recommends use of renewable energy resources in place of oil. If oil must be drilled, then onshore method should be used. This method is safer than offshore drilling. There are a few areas that the researcher needs to improve on. It is clearly stated that using renewable energy is one alternative of solving oil problems. This is a logical finding but may not be applicable. It could be extremely difficult to get the best energy source that is reliable. The researcher should find out more details and explain the most appropriate energy source. In place of offshore drilling, onshore method can be used. The work lacks brief details on this method. It is crucial to include them so that its benefits over offshore method are revealed. This research topic is wide, and more data could be gathered. It is recommendable to carry out further research on this topic. It will not only benefit the researcher but other people who wish to be informed. Despite the improvements to be made, there are also strengths. The argument made in this research paper has clearly been brought out. The points have been explained with clarity and are comprehensive. One significant characteristic of this paper is that it not only lays out an argument but also gives some practical solutions. The greatest strength experienced during this research, was getting evidence. The statistics included are a good support for the points laid out. There were readily available and easy to access. During field work, the respondents were cooperative hence, accurate data was obtained. This made it easy to analyze and present the data. The only significant struggle experienced was working within a limited time.

The History of the Compass and Other Magnetic Innovations

The History of the Compass and Other Magnetic Innovations A compass is an instrument containing a freely suspended magnetic element that displays the direction of the horizontal component of Earths magnetic field at the point of observation. Its been used to help people navigate for many centuries. Located in the same part of the public imagination as sextants and telescopes, its actually been in use for a lot longer than the sea voyages that discovered North America. The use of magnetism in inventions doesnt stop there, though; its found in everything from telecommunications equipment and motors to the food chain. Discovery Large deposits of magnetic oxides were found in the district of Magnesia in Asia Minor thousands of years ago; their location led to the mineral receiving the  name of magnetite (Fe3O4), which was nicknamed lodestone. In 1600,  William Gilbert published De Magnete, a paper on magnetism that details the use and properties of magnetite. Ferrites, or magnetic oxides, are stones that attract iron and other metals. These are natural magnets and are not inventions. However, the machines that we make with magnets are inventions. Magnetic Compass The magnetic compass is actually  an old Chinese invention, probably first made in China during the Qin dynasty (221–206 B.C.). Back then, the Chinese used lodestones (which align themselves in a north-south direction) to construct fortune-telling boards. Eventually, someone noticed that the lodestones were better at pointing out real directions, which led to the creation of the first compasses. The earliest compasses were designed on a square slab that had markings for the cardinal points and the constellations. The pointing needle was a spoon-shaped lodestone device with a handle that would always point south. Later on, magnetized needles were used as direction pointers instead of the spoon-shaped lodestones. These appeared in the eighth century A.D.- again in China- and between 850 and 1050. Compasses as Navigational Aids In the 11th century, compasses use as navigational devices on ships seemed to have become common. The magnetized-needle compasses used in navigation could be wet (in water), dry (on a pointed shaft), or suspended (on silk thread) and were used by voyagers, such as those traders who traveled to the Middle East, and were used by early navigators to locate the magnetic North Pole or pole star. Electromagnetism In 1819,  Hans Christian Oersted  reported that when an  electric current  in a wire was applied to a magnetic  compass  needle, the magnet was affected. This is called  electromagnetism. In 1825, British inventor William Sturgeon (1783–1850) displayed the power of the electromagnet by lifting nine pounds with a seven-ounce piece of iron wrapped with wires through which the current of a single-cell battery was sent. This device laid the foundation for large-scale  electronic communications, as it led to the invention of the telegraph. It also resulted in the invention of the electric motor.   Cow Magnets U.S. patent #3,005,458 is the  first patent  issued for a cow magnet. It was issued to Louis Paul Longo, the inventor of the Magnetrol Magnet, for the prevention of hardware disease in cows. If cows happen to consume scrap pieces of metal, such as nails, when theyre feeding, the foreign objects can cause internal damage to their digestive tract. Cow magnets keep the metal pieces confined to the cows first stomach, rather than traveling to the later stomachs or intestines, where the fragments can cause the most damage.

THE APLOGY BY PLATO Essay Example | Topics and Well Written Essays - 750 words

THE APLOGY BY PLATO - Essay Example â€Å"I am that gadfly which God has attached to the state, and all day long and in all places am always fastening upon you, arousing and persuading and reproaching you† (Plato, 399 BCE) The continued vein of thought associates the idea of an easy death with the possibility of additional irritants. Clearly Socrates believes that while his existence is an irritant to the state it is an irritant that should be accepted as the alternatives are simply more of the same. The idea of freedom of speech can be equated to Socrates brilliance of approach. Though what is said by some may not be appreciated by all it is necessary to have the alternatives available. Unfortunately, in many cases the state will simply terminate the threat regardless of the potential and often assured possibility of another gadfly becoming a persistent irritant in speaking against the state. Of the passage another portion immediately becomes glaringly apparent. His use of God as a defense is admirable and show s a persistent desire to enlighten even the most hard headed of the state’s prosecution against him. If one believes in a God or Supreme Being then it stands to reason that his appearing as an irritant that can potentially cause many problems is given by God. â€Å"For if you kill me you will not easily find a successor to me, who, if I may use such a ludicrous figure of speech, am a sort of gadfly, given to the state by God† (Plato, 399 BCE) In addition to his appeal to a higher power is his appeal to singular ability with the line, â€Å"You will not easily find another like me, and therefore I would advise you to spare me† (Plato, 399 BCE). And he is right, for every human is irreplaceable as every human is singularly unique. Unfortunately, this argument goes against the other arguments regarding the likelihood of additional gadflies appearing and continuing the harassment of the state. For if he is truly unique then one can rightly assume that it is likely h e will not be replaced. More importantly is the thinly veiled message to the state, while it may feel good ridding itself of a stinging, biting nuisance for a while this is no long term solution to any problem. Easily equated to this are the modern movements speaking against state excess and immorality of conflicts and more; while the message is not easily accepted or acted upon by the state, it may become necessary to stop the problem of the gadfly by cleaning up the horse. Again using a modern approach, to stop the protests, articles and various messages against the state it would seem that the easiest course for long term comfort would be the reduction of immoral wars and greed. Plato uses the literal idea of death faced by Socrates both during and after his trial in order to develop the more philosophical concept of philosophy as a pursuit of death. For Plato, the melete thanatou involves the lack of a true fear of physical death but more a fear that the knowledge obtained and p assed on by himself will be lost. â€Å"I were to desert my post through fear of death, or any other fear; that would indeed be strange, and I might justly be arraigned in court for denying the existence of the gods, if I disobeyed the oracle because I was afraid of death, fancying that I was wise when I was not wise† (Plato, 399 BCE). He did not care so much for the minutia of theological argumentation but more the

Export project Essay Example | Topics and Well Written Essays - 1250 words

Export project - Essay Example Some of the trade organizations that have been negotiated that are continuing to make this big world look like a village market is; WTO- World Trade Organization, while others that are more regional are; North America Free Trade Agreement (NAFTA), East Africa community, and many others. There are still negotiations to form more trade agreements and or realign the existing ones to be in line with the dynamic world trade requirements. Majorly, trade agreements are formed with the aim of reduce the trade barriers amongst the signatories like doing away of Quotas, excise duties and or subsidies. This is especially true considering the fact that different nationalities or regions separated by physical, economical and or socio-cultural boundaries represents the different business environment. This is majorly due to the culture difference among the countries yet the same is most held dear by the parties. It is, however, very obvious that with globalization, different cultures will meet, mix and yield an environment favorable or unfavorable for trade. This together with language barrier, distance, foreign policies make export trade difficult requiring a knowledge of all the above factors and, in addition, setting up a clear distribution chain that can help cheese product move around in the foreign country easily. When deciding to settle on a given international marketing strategy, some of the issues that should be seriously taken into consideration is the difference in culture as this may impact the consumer shopping nature (Subrammanian & Bala, 2001). The same sentiments were echoed by Herman and Heitman when he agreed to many researchers view that cultural differences may contribute to different customer reaction to a product in different countries (Heitman & Herman, 2006) It is for this reason that my research will focus on investigating the USA cheese export