D1 Assignment Example | Topics and Well Written Essays - 500 words

D1 - Assignment Example the start, therefore, California was prone to fabricate its experience and have continued to show some version of the that experience on and off ever since. In addition, Starr meant that our actual lived experience takes place in California, where our marriages, tribes, cultures, histories and neighbors, public laws, private agonies and our real homes right down to our humble daily occurrences and activities such as eating existed. All these things were pursued by the fact that one belonged to California or was precipitated by California-ism which depend upon love affair, power and pleasure, norms and values of human made empires not those that emanate from Heaven. When Starr stated that California entered history is a myth, he tried to imply that California has been seen Shangri-la-the promised land of many pilgrims who looking for American dream. In addition, the statement implied that California which is the second most populous State in the United States has been blessed with human diversity and natural beauty (Starr 30). More so, the State has been witnessed many events such as innovation, triumph, and discovery. For many years, Ca lifornia native people lived in plenty or of good topography and climate suited to human habitation. During the renaissance period, European colonization were not the only one doing good and great things. This is because societies in other parts of the world flourished. As the world turned into the 15th century, it seems that each in the world had its own renaissance. Native Americans of North America were not an exception. These people had diverse languages and culture much such as Europeans. When colonizers from Europe landed in North America, they could not have imagined of the intricacy of the people they were soon to interact with. Not all Native Americans lived in peace like Europeans; the continent faced tribal conflicts that sometimes led to cultural and human destruction. European colonizers in California sought to

Please write a 3 page paper on a chosen law from the uploaded Research

Please write a 3 page on a chosen law from the uploaded information and book - Research Paper Example This law brought about significant reforms in the US immigration process. In the next two days the bill was agreed in House and Senate respectively and gave the green signal for President signing. In 1985, the bill was referred to Judiciary committee twice and the subcommittee on immigration and refugee policy heard the bill. It was reported by the joint committee of conference on 14th October 1986. 245a.1 provision talks about the definition of the law. 245a.2 talks about the application of temporary residences. 245a.3 talks about the adjustment from the temporary resident to the permanent resident of the country (Dias, 2011). In 245a.4 adjustments to the lawful status of some foreign nationals and their voluntary departure have been discussed. 245a.5 has the provision of disqualification for the benefits of certain freshly legalized residents. According to the provision of 245a.6, the law can deny the treatment of permanent resident. All these provisions have ensured that employers must attest the immigration status of their foreign employees. According to the provisions of the law recruiting illegal immigrants intentionally is a criminal offence and the offence will be dealt with according to the provision of the law. Provisions of the law have legalized some illegal agricultural immigrants. The provisions also have legalized the illegal foreign nationals who came into the U S before 1st January 1982 and stayed in the country consistently by paying penalty and taxes and admitted all the previous offences. The provisions of the law gave focused towards US history and English knowledge. Congressional intent of the law was to control the immigration in USA. The US Congress had clear intent to legalize a huge number of illegal immigrants who had illegally come into the country. America has a long history of high dependency on foreign labors. This dependency had caused lots of immigration disputes. To take care

An Integrative Framework Of Management Perspectives Religion Essay

An Integrative Framework Of Management Perspectives Religion Essay Management has become a part and parcel of everyday life, be it at home, in the office or factory and in government. In all organizations, where group of human beings assemble for a common purpose, management principles come into play through the management of resources, finance and planning, priorities, policies and practice. Management is a systematic way of carrying out activities in any field of human effort (Bhattathiri, 2001). Efficacious and effective management is not possible without in-depth knowledge of the organisation which is being managed. Organisational knowledge is absolutely critical to building, preserving and leveraging institutional excellence. It is like the air you breathe-you cannot measure it, touch it, or see it but you cannot survive without it (Prasad, 2004)). The basic elements of management are always there whether we manage our lives or our business. In fact, management is used knowingly or unknowingly by everybody born as human being on this earth. We are all managers of our own life and the practice of management is found in every facet of human activity: schools, business, government, unions, armed forces, families and religious places. Thus, management has become an exciting and entertaining subject because it deals with setting, seeking and achieving objectives. It makes human efforts more productive. It brings order and effectiveness to the efforts of the people. It brings better equipment, plants, offices, products, services and human relations to our society. There is no substitute for good management and good management consists of showing average people how to do the work of superior people. Society is a collection of individuals and individuals constitute society. Every individual has several needs and wants but it is impossible for him to satisfy all his desires and wants with his own efforts alone. Thus, he joins hands with others and works in organised groups to achieve what he cannot achieve singlehandedly. Today, the society has large and complex institutions with many people working together. In other words, when a number of persons join together for the attainment of some common objectives, organisation comes into being. Whatever may be the nature and kind of the organisation, it cannot run successfully unless there is someone to manage its affairs. Management is an essential part of any group activity. It is the management which plans, organises, co-ordinates and controls the affairs of the organisation. It brings the human and physical resources together and motivates the people at work in order to create a cordial, congenial and harmonious environment in the o rganisation. To sum up, it can be said that an organisation is like an orchestra team. It is for the management to make music or a noise out of it. If there is an effective and efficient management, the result is sweet and melodious music; otherwise the result is chaotic and awful noise. CONCEPT OF MANAGEMENT: The concept of management is as old as the human race itself. It is a universal phenomenon. It is not merely the monopoly of business houses. It is a part and parcel of every kind of decision making. It is the marshalling of manpower resources and strategy for getting a job done. Management is multifunctional in nature. It is a set of techniques and functional processes employed to maximize productive utilization of human, physical and natural resources for the benefit of all in a healthy physical and conceptual environment. Men, material, money, machinery and methods constitute human and physical resources. The physical environment consists of temperature; noise, light, ventilation; the tools which are employed; the methods of work; the material employed; the sequence in which the work is performed and other physical aspects. The conceptual, or mental, environment is concerned with the attitude or frame of mind of individual worker in the given environment. The manager has to provid e a positive and conducive environment where the worker gives his best to the institution. Management is the process of designing and maintaining an environment in which individuals, working together in groups, efficiently accomplish selected aims (Koontz Weihrich, 1998). It involves coordinating and overseeing the work activities of others so that their activities are undertaken efficiently and effectively. Management puts ideas into action through and with people. Efficient management leads to productivity with peace, growth with harmony and brings out the best potential in people. Management creates harmony in working together, equilibrium in thought and action, goals and achievements, plan and performance, produce and market (Bhattathiri, 2001). When people are motivated and inspired, they run their organisations efficiently and profitably, produce quality goods and services and keep customers and clients satisfied (Bodhananda, 2007). Lack of management can create chaos and cause mayhem, perplexity, wastage, delay, obliteration, losses and low sense of worth. Management is about managing self, people and situations. Manager has to show the path on which his workforce can excel and stay focused. Managements task is to make people capable of joint performances and make their strength effective and make their weaknesses irrelevant (Drucker, 1998). It is the capability and capacity of the manager that can transform the situations to the best for all the stakeholders. If he is bestowed with the quality to judge the people and their talents then he can take them to the zenith of their performance. Management is helping ordinary people to produce extraordinary results (Someswarananda, 2005). Management, today, goes beyond giving just direction or getting work done by people. Manager has to think beyond results; he has also to create and sustain performers by inspiring them. Managers job is two-fold (1) To translate the dream in terms of project; and (2) To produce performers. Workmans job is to produce results from planning to execution. And supervisors duty is to solve the problems of workmen (Someswarananda, 2005). 1.2 MANAGEMENT PERSPECTIVES: The word perspective has been derived from the Medieval Latin word perpectiva (ars) science of optics, from the verb perspicere which means to look through (Oxford Dictionary). It implies a view or vista or a mental view or outlook of a person or an organisation. It also means the ability to perceive things in their actual interrelations or comparative importance (thefreedictionary.com). Management Perspectives provide an overview of the principles, skills, challenges and the other factors which the managers have to face today. These include the theoretical framework, ideas and techniques which can be applied to day-to-day work of an organization like planning, decision making, leadership, motivation, communication, human resource management, corporate social responsibility, change management and managerial skills and mantras required for effective and efficient working of the organization. It is a proved fact that management is not an action in isolation; it is rather the impact of total environment in which the organization exists. Starting from the management in antiquity to the management in modern times, the different perspectives of management at different points of time can be summed up briefly as under in an integrative manner: An Integrative Framework of Management Perspectives (Source: www.cab.edu.np) 1.3 HISTORY OF MANAGEMENT THOUGHT: Management has always been a part of the nature of man. In its crude form, it has been there from nomads to rulers of various kingdoms. Management as a field of study may be just 125 years old, but management ideas and practices have actually been used from the earliest times of recorded history. For example, 2,500 years before management researchers called it job enrichment, the Greeks learned that they could improve the productivity of boring repetitious tasks by performing them to music. The basic idea was to use a flute, drum, or sing lyrics to pace people to work in unison, using the same efficient motions, to stimulate them to work faster and longer, and to make even a boring work or job interesting and entertaining. While we can find the seeds of many of todays management ideas throughout history, not until the last two centuries, however, did systematic changes in the nature of work and organizations create a compelling need for managers. Examples of management thought and pr actice can be found all through the history (Williams, 2009). This has been shown in the table below. Table-1.1 Management Ideas and Practice throughout History Time Group Contribution to Management Thought and Practice 5000 B.C. Sumerians Record keeping 4000 B.C. Egyptians Recognized the need for planning, organizing, and controlling 2000 B.C. Egyptians Requests submitted in writing. Decisions made after consulting staff for advice 1800 B.C. Hammurabi Established controls by using writing to document transactions and by using witnesses to vouch for what was said or done 600 B.C. Nebucha Production control and wage incentives 500 B.C. Sun Tzu Strategy; identifying and attacking opponents weaknesses 400 B.C. Xenophon Management recognized as a separate art 400 B.C. Cyrus Human relations and motion study 175 Cato Job descriptions 284 Diocletian Delegation of Authority 900 Alfarabi Listed leadership traits 1100 Ghazali Listed managerial traits 1418 Barbarigo Different organizational forms/structures 1436 Venetians Numbering, standardization, and interchangeability of parts 1500 Sir Thomas Critical of poor management More and leadership 1525 Machiavelli Cohesiveness, power, and leadership in organizations (Source: C. S. George, Jr., The History of Management Thought, Englewood Cliffs, NJ: Prentice Hall, 1972) Concept of management has undergone a sea change since its inception, as a formal subject, in the early 1900s. From the set of principles evolved the scientific management theory of F. W. Taylor and it played a role as a prominent theory till 1950s. Focus of management then shifted to decision theory. In 1960s, systems orientation emerged. Change and contingency management of 1970s was followed by new approaches to human relations and production quality in the 1980s and archetype management in 1990s. Journey of management thought is depicted briefly in the table below- Table-1.2 Major Classification of Management Approaches and their Contributors Pre-classical Contributors to Management Thought Name Contribution Robert Owen Proposed legislative reforms to improve working conditions of labour Charles Babbage Advocated the concept of division of labour; devised a profit-sharing plan which led to the modern-day Scanlon Plan Andrew Ure and Charles Dupin Advocated the study of management Henry R. Towne Emphasized the need to consider management as a separate field of study and the importance of business skills for running a business. Major Classification of Management Approaches Major Contributors Classical approach Scientific management Frederick W. Taylor, Frank and Lillian Gilbreth and Henry Gantt Bureaucratic management Max Weber Administrative management Henri Fayol Behavioral approach Group influences Mary Parker Follet Hawthorne studies Elton Mayo Maslows needs theory Abraham Maslow Theory X and Theory Y Douglas McGregor Model I versus Model II values Chris Argyris Quantitative approach Management science Operations management Management information system Modern approaches The Systems Theory Contingency Theory Emerging approaches: Theory Z and Quality management William Ouchi (Source-https://sites.google.com/site/early-approaches-to-management) Under various approaches, management was described from different points of view largely depending on the perspective and background of the management thinker. Koontz identifies eleven approaches to the management concept, which are as follows: The  empirical approach  states that we can understand what management is by determining what contributed to success or failure in specific cases. The  interpersonal behaviour approach  is based on getting things done through people and therefore, management is centered in understanding relationships (psychology). The  group behaviour approach  emphasizes the behaviour of people within groups and thus tends to rely on sociology, anthropology, and social psychology. Often this interest in-group behaviour patterns is named organizational behaviour. The  cooperative social system approach  (organizational theory) combines elements of the interpersonal and group behaviour approaches into a system called the organization where the primary purpose is co-operation. The  socio-technical system approach  adds to the previous approach the dimension of technical systems. It is believed that the machines and methods have a strong influence on the social system and that the task of the manager is to ensure harmony between the social and technical systems. The  decision theory approach  believes that management is characterized by decision making and therefore a systematic approach to decision-making essentially outlines management. The  systems approach  to management, like biological systems, views managements role within an assemblage of subsystems, inputs, and processes within an environment, all of which are interconnected and/or interdependent. This may not be a different approach but is a holistic view of management, providing place for elements of the other approaches to be incorporated. The  management science approach  believes that problems can be described within a mathematical model basic relationships in such a way that the goal may be optimized. The  situational approach  states that, management action depends on the situation taking into account the influence of given actions on the behaviour patterns of individuals and the organization. This is a practical approach, which hints at the art (viz, science) of management. The  managerial roles approach  is based on research by Mintzberg as to the roles (functions) managers fill. The  operational approach  is an attempt to combine elements of all of the above-mentioned approaches, taking what is applicable, discarding that which is not, and developing an approach to management that indicates the complexity and variedness of what is expected of the manager (Koontz, 1980). However, all these approaches are lacking in one aspect or the other. Concept of management has evolved over the years and is an ongoing process; it changes and improves as the environment changes. The discipline of management is just 100 years old. By and large, it is a product of industrial revolution. Hence, its intellectual traditions are rooted in engineering and economics. Later it was influenced by psychology, sociology and other related disciplines. During recent years, yoga, meditation and spirituality have also started influencing the field of management (Sharma, 2006). During the 1990s, the evolution of spirituality and management theories converged and triggered a bold interest in formulating spirituality based theories and research within the academic management domain, resulting in the formulation of a new discipline (Rojas, 2005). In the present epoch, internationally operated organisations are stirring towards holistic approach to management. Holistic approach takes under its ambit the whole organisation, systems, people and culture. Holistic approach can bring better results for modern organisations to deal with complex issues in global environment, because according to Aristotle, whole is more than the sum of its parts (Abbasi, Rehman and Bibi, 2010) 1.4 MANAGEMENT TODAY: People who are making judicious use of available resources and effectively managing to earn high profits and returns are not sure if its worth it. They feel defeated in spite of being successful. The reason is that money is being minted through unethical and immoral means. Industrialists today are doing the right things for their ventures but not necessarily doing things the right way. Indian companies are in a state of flux, more bewilderment, conflict and tension persists in its working and less emphasis is on the issues of productivity, motivation, principles, morals, ideals and ethics. The reason for this state of affairs is too much dependence on western models of management. The management philosophy emanating from the west is based on the lure of materialism and on a perennial thirst for profits, irrespective of the quality of the means adopted to achieve that goal (Bhattathiri, 2001). There is a spurt in corporate scandals since the focus of most business houses is to earn more and more money. Almost every year, it seems, some scandal envelops a Fortune 500 company and causes a new spasm of public distrust of big corporations. This years occurrence probably should not be surprising; in the competitive marketplace, the temptation to cut ethical corners can be hard to resist (Zipkin, 2000). Corporate, do not stop to think and contemplate the effect of their greed on the stakeholders. There is insatiable hunger for success at any cost. In their unquenchable desire for number one position, corporate are becoming ruthless, forgetting their duties towards the society at large. The world today is so corruptible, gullible and materialistic that many corporations and nations operate without a soul conscience. The capitalistic bottom-line of maximizing profits has become the benchmark for purported success, pervading international, regional, national and organizational leve ls (Noor, 2004). Management has been reduced to a handmaid of profiteering. The maximizing of profits becomes the ultimate goal, to the exclusion of all other considerations (Gupta, 2000). We are aware that with its axis on privatization and liberalization, national and world economic order is gradually becoming market oriented and globalised. Capital is todays integrating factor. Those who have or can access to resource stand to benefit from this economy while others are being marginalized (Xavier, 1999). Corporate houses that are becoming aware of their ethical and social responsibilities towards the society are only following the mandatory responsibilities. Contemporary research has found that while around three quarters of major Australian companies believe it is the responsibility of their boards to set an appropriate tone from the top and monitor organizational performance against a formal code of conduct, 84 percent of the companies that has promulgated a code of ethics reported that they did not actually monitor compliance with it (International Survey of Corporate Responsibility Reporting 2005, KPMG, Australia). This is also the case of companies in many developed as well as developing economies. There is awakening of moral and ethical responsibilities but much more needs to be done at the local and global level. Lately, however, corporate America seems to be doing more than just paying lip service to standards of management behaviour. For all the controversy surrounding the F irestone/Ford tyre recall, and the questions it raises about the potential for corporate wrongdoing, a growing number of big companies are enacting strict ethical guidelines and backing them up with internal mechanisms to enforce them. While some consider the changes little more than window dressing, there is no doubt that change is afoot (Zipkin, 2000). In the present era, corporate sector desires to own workers not humans. Materialism has crept into the roots of the corporate world. Materialistic management has done more harm than good. The capitalist has grown richer, man has been reduced to a hired wage-earner and the consumer has been placed at the mercy of the materialistic manager. There is no sense of belonging, no harmony, no co-operative organisation, no fellow-feeling and the least common approach and perspective (Gupta, 2000). 1.5 NEED TO RECONNECT TO THE ROOTS: There is more to management than just earning profits and more to the role of a manager than achieving the organisational objectives. He has to become the watch dog to see that nothing detrimental is done by the company at the cost of the stakeholders. He has to stay connected to the roots of his religion and culture while performing his job. Sharma (2001) argues that for a management system, to be effective, it has to be rooted in the cultural soil of the country, where it is practiced. Many communities and countries in the world are now trying to discover and explore their own system of management, which includes accounting and financial management, human resource management, corporate governance, and also CSR (Muniapan, 2008). Not only eastern world but the western world of business is also realizing the need to reconnect to the roots of their religion and culture and to infuse their working with morals and ethics. Management thinkers, all over the world, are developing models of management by imbibing insight into their scriptures. These models are becoming powerful catalysts for transformation. A leadership and management paradigm that transcends narrows chauvinism, neo-conservation and jingoism, with a universal, egalitarian and magnanimous approach, is needed (Noor, 2004). Also models are being framed on world leaders with a semblance of altruistic inclinations. To really understand leadership, we need to put our ear to the ground of history and listen carefully to the ragas of human hopes, desires, and aspirations, and the follies, disappointments, and triumphs of those who led and those who followed them. As per the Confucius proverb, a man who reviews the old so as to find out the new is qualified t o teach others. Management needs to be sprinkled with ideals of religion. For the sustainable development of the enterprise the need is to look for long term benefits of all stakeholders, not base decisions for short term benefits to the individuals. The best way out in the situation, is to take shelter under the teaching of the scriptures. In our faith based vision we see God at work in the world and in all creation moving mankind towards a world of justice, peace and love. This is social humanism. Management being a worldly enterprise and part of creation has to position itself in alignment with this divine purpose, our policies and mega plans are to be attuned to this divine plan over percent and active in creation (Xavier, 1999). Various studies have been carried out to study the effect of interplay between management and religion and results depict positive outcome. In a study conducted at the European University Viadrina, Frankfurt by Tan and Vogel (2005), it was noted that trustworthiness inc reases with religiosity and people with higher level of religiosity, are more likely to trust and be trusted in their relationships. In a doctoral study conducted by Werner (2006) found that religious beliefs (Christianity) play an important role in SME business behaviour in both the UK and Germany (Uygur, 2009). Since management is primarily concerned with managing people, managers needs to take guidance of specific magnitude of man-management such as believing and being open to people and their ideas, acknowledging them in various roles of life, serving and loving them. Need of the hour is to develop managers with focus on human excellence comprising competence, conscience and compassionate concern along with academic and technical competencies. The prevalent limited view of education with an exclusive focus on academic excellence and technical competence is fraught with dangers as we can produce people who are advanced intellectually or competent technically but in the meantime remain emotionally underdeveloped and morally and spiritually immature (Xavier, 1999). Ryuzaburo Kaku, Chairman, Canon Inc. in 1988 envisaged the corporate philosophy to begin a new phase in the 50 year old companys evolution. He expressed this philosophy as the achievement of corporate growth and development, with the aim of contributing to global prosperity and the well-being of humankind. This is the idea behind kyosei. According to the concept of kyosei, a corporate should make every effort to create wealth by fair means and, in terms of the distribution of profits; it should play a very active role as a company that assumes global social responsibilities. The view, that kyosei limits competition is way off the mark. Although it is crucial to eliminate unfair competition, kyosei can be seen as being a prerequisite to fair competition between independent corporations. The idea of kyosei was also adopted by the Caux Round Table (CRT), founded in 1986 and named after the Swiss town of Caux where it began meeting. It is an informal group of business leaders from Europe , U.S. and Japan who had the converging experience that corporate business can, without losing performance, act as a tool to provide a better service to society when the goal of serving the common good is not forgotten, let alone rejected. The group wrote its own guidelines for corporate ethical standards based on the Japanese concept of kyosei, which Mr. Ryuzaburu Kaku, chairman of Canon Inc. and most prominent participant in the CRT, translated as living and working together for the common good. The other key word was human dignity, without which the common good can disintegrate into despotism. In fact, both keywords, common good/kyosei and human dignity, could be found in the document of the MCCR (Minnesota Center for Corporate Responsibility). Peter Drucker also stressed that religion can have a positive influence on the world of work and, indeed, on the world at large. Society needs to return to spiritual values-not to offset the material but to make it fully productive, he asserts that we need to reconnect to religion to imbibe compassion and empathy in corporate relationships. Drucker continues, It needs the deep experience that the  Thou  and the  I  are one, which all higher religions share. The concept of whole self is catching up with the corporate world. Religion is considered by many to be a constituent component of human anthropology. The change in orientation by executives and consultants fit well with the present experience economy paradigm, which demands distinctive personal experience for the customers based on endemic human qualities such as human values. Ideally, then, organizational models which allow the whole person to come to work are sought as a means to empower employees and possibly in turn f or those employees to meet unique and personal demands of the customers. For example, Mitroff and Denton (1999) held that companies that have a spiritual dimension and allow the whole person to come to work have employees with higher loyalty, lower absenteeism, and greater creativity (Miller and Ewest, 2010). People working in the corporate sector all over the globe do not want to segregate their life but wish to live a holistic life and bring their whole self to work, including their faith. This concept has been termed as the Faith at Work Movement or Spirituality and Work Movement by David Miller. The worldwide economic crisis elicited in 2008 has strengthened this concept. Religion is present in the workplace as per the researchers and academicians. The need is that they provide the business professionals with a set of universal religious manifestations to allow business professionals to understand, measure, and as appropriate adjust the policies pertaining to the spiritual environment of and impacts on their organization. Max Weber was one of the first thinkers in the modern times to depict the interconnection of religion and management in 1905 but his observations of the affect of religious values on marketplace activity were suppressed due to organizational and economic structures and normative practices but now his ideas have resurfaced. The business world is recognizing the need to integrate faith with work because it encompasses issues such as ethics, leadership, diversity, human rights, and globalism and managers and employees can benefit both corporately as well as personally. 1.6 MANAGEMENT AND OTHER RELIGIONS: The concept of modernization without westernization is catching up with management thinkers, especially in the eastern world. Need is to act globally while staying rooted to the local values, norms and culture. Corporate world in the eastern region is going under the safe haven of religion. All the religions encourage serving the society, promoting the peoples well being and safeguarding the natural resources. Buddhism lays emphasis on ethics, virtuous behaviour, morality and precept. It advocates purity of thought, word, and deed. Christianity is centered on the life and teachings of Jesus from the New Testament. Its teachings call for ethical, spiritual, and just behaviour. Taoism advocates imbibing of three gems of Tao i.e. compassion, moderation, and humility. Islam believes that followers should strive to attain religious and moral perfection. Confucianism focuses on human morality and right action. It is a system of moral, social, political, philosophical, and quasi-religious t hought. Hinduism preaches: have no personal interest in the event but carry out the duty as the duty of the lord and do not be affected by the results. 1.6.1 Management and Hinduism: Indian economy is today the cynosure of the whole world because of its consistent growth which is leading to augmentation of interest in India, and its culture. As Western world attempts to better understand Indian culture, they may as well unearth that Indias ancient scriptures present insight into cultural customs and values and develop lessons for the corporate world to effectively use in and outside India. It has been reported that many of the top  business  schools in the United States have introduced self-mastery classes using Indian philosophy to help students improve their leadership skills. One of the more popular and useful of the ancient texts is the Bhagavad Gita. Using contextual analysis, this paper explores the leadership implications found in this classic text, and offers present day managers useful advice, regardless of their cultural orientation (Rarick and Nickerson, 2009). It was felt by the Indian Management thinkers that the western models needed certain modifications for implementation in the Indian Environment. Western model advocated the concept of knowledge worker whereas Indian model calls for the concept of wisdom worker. Depending completely on the western model might lead to success with stress and tension while in Indian model of management, success is accompanied with harmon

Standardization Of The English Language :: essays research papers fc

Standardization of the English Language There are several important events before 1500 that when listed together show a series of steps in the struggle for English language supremacy. These steps are mainly governmental, legal and official events that pushed English usage. In 1356 The Sheriff's Court in London and Middlesex were conducted in English for the first time. When Parliament opened in 1362 the Statute of Pleading was issued declaring English as a language of the courts as well as of Parliament, but it was not until 1413 that English became the official language of the courts everywhere. Thirteen years later in 1423, Parliament records start being written in English. 1400 marks date that English is used in writing wills, a seemingly small step, but one that impacted many people and began a legacy of record keeping in English. In 1450 English became the language used in   writing town laws and finally 1489 saw all statutes written in English. But it was not until 1649 that English became the language of legal documents in place of Latin. The formal rules intended to keep the use of French in official capacities were not enough to combat the effects of the Black Death and the Hundred Years War between France and England, which both contributed greatly to the rise of English and fall of French. By the fourteenth century, English was again known by most people, although French was not forgotten, and the people who spoke French were generally bilingual. The   Statute of Pleading made it law that English and not French would be used in the courts. However, it needs to be emphasized that at the end of this statement, it says that after the pleadings, debates, etc. in English were finished, they should be entered and enrolled in Latin. English became the official language of the court in 1413, but French was permitted until the eighteenth century. More than the official bureaucratic changes in rules and law were the changes in the use of the language by the everyday speakers. The changes that distinguish Early Modern English from Middle English are substantial. The rules for spelling were set down for the first time. The key is the new consistency used by teachers, printers and eventually by the general populace. The sign of maturity for English was the agreement on one set of rules replacing the spelling free- for-all that had existed. Out of the variety of   local dialects there emerged toward the end of the fourteenth century a written language that in course of the fifteenth century won general recognition and has since become the recognized standard in speech

Disadvantages and Advantages of Computer

With computer and internet connection, you can have easy access to information. Computers can be use for multiple purposes, word processing, gaming, movies, internet browsing, programming, reading articles, email, faxing, video chat, online chat and more. Organize large and store large amount of data and information such as images, sound, videos and other files. It helps people to communicate with other computer owners, family and friends across the world through the internet. There are free calls from different countries and making the world smaller. Computers run 24 hours 7 days a week. Reduce the use of paper. Computer has more computing and calculating power than human. Computers are more accurate and consistence. Accountant work has become much easier because of the help of computers. Enable you to shop online anywhere and purchase items without commuting. Helps create automatic tasks that human do not want to do. Computer Disadvantage Less human interactions, computer may ruin your social life if you cannot maintain the balance. People who work from home on their computers are likely to feel cut off from the rest of the world. Have to constantly keep up to date with new technology and have to spend time to learn different functions in applications. May caused eyestrains because of the bright screen and radiation. Computer may decrease your physical activities, making someone unhealthy, may caused chronic injury syndrome with pain in the fingers of the hand/radiating pain in the forearm and arm. Shoulder pain – fibromyalgia in shoulder muscles, elbow pain – tennis elbow, golfers elbow, wrist pain – deQuervains disease, ulnar styloiditis. Finger joint pains – usually linked to tenosynovitis, trigger fingers. May cause bad posture and skeletal problems. Children have easy access to pornographic material with internet connection. Children are also easy target for sexual offenders who pretend to chat and pretend to be their friends. Email spam, lead to fraud, hacking, stolen identities, and viruses. People have lost jobs because computers are more efficient than human. Risk of addiction to online gaming and online gambling.

Environmental Laws Essay

The constant North South divide over enforcement of international environmental law plagues the operationalisation of many international treaties. Most developing countries are caught in a cleft stick. Whilst understanding the need for environmental action, they also require increasing industrial activity for achieving economic growth and poverty alleviation objectives, activities that entail definite enhancements in greenhouse emission. They are additionally constrained by their lack of resources and do not wish to divert what is available from developmental needs. Many developing countries also suffer from lack of necessary infrastructure and underdeveloped legal and judicial systems to be able to carry out treaty obligations in an organised and systemic manner. (Bell & Russell, 2002) Whilst many international agreements are worded to ensure their legal binding on signatory nations, these treaties do not become enforceable within a country until their enactment into domestic law is complete. Australia, for example, has signed on the Montreal Protocol and the World Heritage Convention and carried out appropriate domestic legislation. Apart from taking these legislative measures, the nation has enacted several laws for environmental regulation. (Lyster, 2004) The Environment protection and Biodiversity Act, 1999, is a key legislation that gives effect to the country’s international law obligations. Numerous other enactments like the amended Fisheries Management Act, 1991, The Maritime Legislation Amendment (Prevention of Pollution from Ships) Act, 2006, the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 also work towards enhancing environmental protection and bringing the domestic legal system in line with its international treaty obligations. (Australian Legal Information Institute, 2007) Domestic enactment of new laws, (as well as amendment of existing laws) is necessary because it makes the country’s commitment towards international environmental laws concrete and their provisions enforceable. In the absence of specific domestic legislation little action can be taken against environmental offenders and controlling environmental degradation becomes well nigh impossible. Compared to the Australian approach, which involves legal enactment and resolute enforcement of international law obligations, the actions adopted by a developing country like Bangladesh appear to be significantly inadequate. The country, (which became independent only in 1971), drafted a broad ranging environmental policy in 1991 but is still to enact any of its major features into law even though sixteen years have passed since. Factors like internal strife, lack of developed legal systems, and scarce resources, have prevented the country from moving forward on environmental action. Whilst economies like India and South Africa have been able to make significant progress on the environmental front, many developing countries in Africa, Asia and South America share Bangladesh’s problems and are thus unable or unwilling to abide by international environmental law obligations. (Mastny & French, 2002) 3. Conclusion The inherent weaknesses in rules of international diplomacy render many environmental treaties practically pointless. Seeing the abject non implementation of most environmental treaties by developing nations, international organisations are seeking new ways to toughen these agreements. While most such laws impose few penalties, peer pressure is emerging as a potent tool for this purpose. Some treaties also ask nations to report on the progress of promises made at the time of agreement. Beyond persuasion and embarrassment, trade incentives also help in securing compliance. Members of the Montreal Protocol, for example, are forbidden to purchase CFCs or products containing them from nations that have not agreed to the treaty, a condition that has led many nations to join the treaty and take action to reduce ozone depletion. (Bell & Russell, 2002) International agencies, sympathetic nations and NGOs can encourage soft laws through funding decisions and public campaigns. Soft laws tend to establish certain expectations-or create an international mindset-that can then form the basis for more permanent agreements. A large part of the inability of developing nations to act on accord occurs because of their poverty and constrained resources. Redressing this imbalance will depend largely on providing financial and technical assistance to developing nations-and ensuring that funds are well spent. References ASEAN Ministers Okay Agreement on Environmental Laws. (2006, November 12). Manila Bulletin, p. NA. Australian Legal Information Institute, 2007, Retrieved September 25, 2007 from www. austlii. edu. au Barrett, S. (2005). Environment and Statecraft: The Strategy of Environmental Treaty-Making. Oxford: Oxford University Press.

Pluralist and Power Elite Approaches

Pluralist and Power Elite Approaches Introduction to Pluralist and Power Elite Approaches Human society is one of the most complicated aspects of the analysis regarding the relations between individuals, groups of individuals, and other entities that can be allocated in terms of resources of influence. Sociology of power emphasises the power relations between different communities and identifies the real influencing aspects that can alter a situation and the governance as well as the process of rule making.Advertising We will write a custom essay sample on Pluralist and Power Elite Approaches specifically for you for only $16.05 $11/page Learn More In this respect, it is necessary to dwell on the principles of rule making and different approaches to this process as related to the political rule and social power that can be considered the most important factors while assessing the influence of certain resources on the power, governing power, and resulting in the political regime. Different theor ies of power distribution can be analysed with regard to the power of influence and the amount of resources to influence others or situation. Though history saw many examples of both approaches, pluralist and power elite, it is necessary to enlarge on the principles of power distribution in society in different periods of human civilization’s activity with regard to the economic situation and social movements. Moreover, the political power and the power of influence cannot be analysed as a single and the only aspect for the political regime establishment; these two concepts can be even opposed to each other or exist at the same period making one of those principles more important than other. In other words, the distribution of power in society cannot always be analysed in terms of theories of political rule making. Besides, the power to make political decisions does not always arise from the real objective interests and can be characterised by the interests and preferences of the political participants (Lukes 2005: 29). The pluralist approach is largely opposed to the power elite one in terms of ‘the business of rule’ and the process of rule making due to discrepancies in the regime’s strengths and the overall theoretical advantages of a definite approach. In other words, the pluralism approach highlights the equality of influencing powers regardless its real situation whereas the power of elite approach enables the most influential individuals to make rules. So, the main idea of the current paper consists in analysing and assessing the contradictions between the pluralist and power elite approaches taking into account the distribution of power in society and allocation of resources compared to the political power and the process of rule making.Advertising Looking for essay on natural sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Theories of Political Rule and Social Powe r Theories and the power elite approach.The power elite approach is mostly referred to as the one existing in the era before the French Revolution and is largely opposed to the democracy of the contemporary United States of America (Bull 2002: 8-9). However, it is necessary to note that the concept of state and the problem of rule making are closely connected to the distribution of power because the power exist in a certain society while a society has certain rules and common interests. In this respect, some states can exist regardless of a definite territory or a restriction of rules to a certain territory because the main concept of power distribution happens among individuals and groups that can be situated within the territory (Bull 2002: 9). Nevertheless, though political power is spread over the population, it is often limited to a certain territory and can change regarding the interests of the same nation and preferences existing in various regions of the same state. The main theory of power elite approach in rule making concerns the command as the way to allocate the process of distribution of power in society; however, it is necessary to emphasise the principle when the interests or rules are characterised as good or legal contrasted to the objective principles or unification of preferences that is typical of a power elite approach (Poggi 1978: 2-5). In additions, the existence of visible diversity and other so-called advantages of the pluralist approach can be considered irrelevant because these concepts do not guarantee the appropriateness of political power or genuine equality in the power allocation principles (Lukes 2005: 47). State and society are approached in different ways in by a power elite principle whereas the process of unification is more obvious taking into account the principles typical of the pluralist approach. So, the theory of differentiation is the core of the power elite approach because it enables a single leader to make decisi ons and make laws (often in association with another part of social elite) and there is no necessity to fight for political power as the main concept of influence is the command.Advertising We will write a custom essay sample on Pluralist and Power Elite Approaches specifically for you for only $16.05 $11/page Learn More Theories and the pluralist approach. The pluralist approach to the rule making process makes the United States of America the most prominent example of this principle in action. Though there is a number of irrefutable evidence of this method’s inappropriateness and secrecy (regardless of the observable openness), its benefits are largely promoted and supported by the global community and international society. Collective behaviour tradition can be considered the core concept for the pluralist approach to the process of rule making (Gamson 1975: 131). This causes the unification of the relations between individuals, groups, and indivi dual-group/group-individual relations in society. As social relations are commonly unified in accordance with the pluralist approach, inequality arises from the democracy as it appears in a contemporary society because interests are unified as well as preferences though the resources of influence can differ greatly which can result in relocation of political power and, hence, the change of the principles of rule making. The main theories of the pluralist approach include the inferiority of the social preferences compared to the preferences and interests of the political power. As a rule, the pluralist approach is aimed at meeting the requirements of the democracy regardless the genuine principles of power allocation and the amount of resources of influence. Thus, collective goals unify the social interests and make common rules serves the reaching of those goals; the political behaviour can be analysed with regard to the goals of a community opposed to personal interests and prefere nces (Gamson 1975: 138). Benefits of the pluralist approach can be neutralized with the differentiating nature of the contemporary policy in the international society opposed to the principles of unification brought about by other communities that popularize the differentiation concepts. As the core aspect of the pluralist approach to the rule making is the unification, this theory can fail to address all existing interests and preferences topical for the current members of a society. Distribution of Power in Society Discussing the contradictions of the pluralist and power elite theories is incomplete with the consideration of the distribution of power in society.Advertising Looking for essay on natural sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More In particular, these issues matter when applied to common analysis of presented theories either approving or disapproving the leading role of society in forming the power relations. Another difficulty arises when dealing with the problem of democracy and inequality. In this case, there is the necessity to make an emphasis on the character of the leading power and the triggering principle of power relations. The major controversy appears when considering distribution of power in society in terms of pluralist views. Due to the fact that this approach is based on meeting the needs of democracies, social power is distributed according to the principle of equal impact on the government. The problem is that equal distribution of power among physical entities is not always possible because of irrational resources allocation presented by material object, social status, and ethical considerations (Dahl 1961:3). In response to this problem, the necessity to introduce the elite power approach to social order is inevitable due to the rigid inequality of property, knowledge and social position, and publicity between the members of society (Dahl 1961:6). In order to reconcile the needs of power elite and the constellations of influenced groups, it is necessary to consider power distribution with reference to institutional arrangement and command. These two concepts presented by Poggi (1978:3) seem to be quite reasonable from the perspective of political order and legitimacy. Indeed, favorable distribution of resources on the basis of command is more effective that that based on custom and exchange. This is explained by the ideas that the body of custom end exchange cannot sustain the exploration and mobilization of new resources and values. In addition, it does not allow society to prevent various contingencies enabling the members to choose the most appropriate patterns to act (Poggi 1978:4). Arising from everything mentioned above, the main principle of power allocation s hould be based on unanimous legitimate arrangement on the two-polar power system. Therefore, society should be directed by one or a specific set of goals that would encompass social and political order. Alternatively, the disposition of views and approaches, which is typical of pluralistic order, will lead to appearance of different values and beliefs (Bull 2002:4). Bull’s approach to the distribution of power is predominantly based on monopolistic views that exclude the pluralist techniques for the decision-making process. Therefore, the introduction of democratic approaches will strike the balance within the domain of social and political dimensions (Emerson 1962:32). Comparative Assessment of the Strengths and Weaknesses of the Pluralism and Elite Power Approaches Highlighting the strengths of the pluralist and elite power approaches. Each of the approaches under consideration has some strong sides due to their great contributions to the arrangement of social and political order. Considering the pluralist theory, the positive side of pluralist approach implementation consists in its focus on social relation as the leading factor of power formation. In particular, the main underpinning of social power is not the leading actor, but the relation itself (Emerson, 1962: 33). The leaders possess power only when they have a specific group to impose power on. In addition to this, the pluralist approach is more effective as far as a decision-making process is concerned. Lukes (2005:17), thus, places an emphasis on the social behavior as the triggering factor of social relations and as an indicator of power. Consistent and successful process of decision making generates a healthy competition that, in its turn, positively contributes to social, economical, and political development of a state. In contrast, the main merit of the elite power approach in the process of rule making is also valuable. According to this theory, the social relations are governed by one purpose where all decisions are made with regard to this purpose. The success of such monopolistic approach is possible in case the state is headed by the leader who has sufficient resources and who is able to allocate them within society in a reasonable way. The governing of one leader fosters the accomplishment of the established goals and decreases the possibility of disagreement within society (Bull 2002: 9). More importantly, the elite power theory contributes to the formation of social and political integrity. Considering the elite theory of power through the prism of social order, this approach is more efficient in arranging rules and orders within a state, particularly if the flow of social activities is based on the principle of command (Poggi, 1978:5). Indeed, the exploration and advancement will be considerably facilitated under the auspices of a monopolistic power. Highlighting the weaknesses of the pluralist and elite power approaches. Although the pluralist approach t o the process of rule-making is more productive for meeting the needs of society, it encounters the difficulties when dealing with the equal allocation of sources (Dahl 1961:5). In particular, excessive democracy dictating equal participation in governing can lead to greater discrepancies between communities. Discussing pluralism from the point of view of order formation, this method of rule making is irrelevant, because the social order cannot be based on the divergent positions. What is more important is mixed views cannot satisfy legal, moral, and economic aspect of decision making as the essence of political decision consist in the necessity to promote specific goals. The problem of decision making arises when dealing with elite power approach to the process of rule making. By promoting the leaders’ rules and preferences, the government deprives society of political significance and minimizing its role in providing viable solutions. In other words, the suppression of poli tical role decreases the importance of social relations (Emerson: 1962: 32). As a result, the government can lose the object of power and, therefore, it cannot be considered to owner of the power itself. In addition, the concentration of power can even lead to great inequality of resources distribution. Conclusion The pluralist and elite power approaches constitute opposite sides of a two-polar system with regard to the process of rule making. This is primarily predetermined by opposite focus on the political systems and conceptual priorities of both approaches. Hence, the pluralist approach is more concerned with influencing powers and social relations whereas the power of elite approach argues the necessity to establish a unanimous goal to pursue. On the one hand, a pluralistic approach considers social relations as the underpinning of governing and resources allocation. It also strives to establish the equality in the process of decision-making. On the other hand, elite power con cept is more effective in reaching the policy of unification where the international order is subjected to the prevailing superiority-inferiority relations. Taking into consideration all strengths and weaknesses, both approaches simultaneously provide viable solutions and serious controversies when applied to the distribution of power in society. Bull, Hedley. The Concept of Order in World Politics. The Anarchical Society. A Study of Order in World Politics. UK: Palgrave, 2002, Print. Dahl, Robert A. Who Governs? Democracy and Power in an American City. New Haven and London: Yale University Press. Emerson, Richard M. â€Å"Power-Dependence Relations†. American Sociological Review. 27.1. (1962): 31-41. Print. Gamson, William A. â€Å"the limits of Pluralism.† The Strategy of Social Protest. Homewood: The Dorsey Press, 1975. Print. Lukes, Steven. Power: a Radical View. London: Palgrave Macmillan, 2005. Print. Poggi, Gianfranco. Introduction: The Business of Rule. The De velopment of the Modern State. California: Stanford University Press, 1978, Print.

Plate Techtonics essays

Earthquakes/Plate Techtonics essays A Discussion On Earthquakes/Plate Technonics Perhaps Mother Nature offers no greater force than that of the earthquake. Across the span of time, earthquakes have been recorded for their incredible destructive forces, and their abilities to awe mankind with their unparalleled force. Earthquakes can often strike without any notice, leveling large cities and killing scores of innocent people. Not only can earthquakes bring harm to society through these methods of destruction, but they can also cause millions of dollars worth of damage to the areas they destroy, causing economic chaos. An earthquake is a natural phenomenon, occurring throughout the history of the world. Descriptions as old as recorded history show the significant effects earthquakes have had on people's lives. Long before there were scientific theories for the cause of earthquakes, people around the world created folklore to explain them. Until recent times, science has not had a complete understanding of how earthquakes are caused, and what can be done to predict when they will strike. This essay will discuss how earthquakes are formed and occur, how scientists can more accurately predict the arrival of earthquakes. Before contemplating how earthquakes might possibly be prevented, it is essential that the process and formation of and earthquake be understood. Earthquakes are caused when the earth's crustal plates move, rub, or push against each other. The earth's crust (the outer layer of the earth) is made up of seven major plates and approximately thirteen smaller ones. The name plate is used to describe these portions of the earth's crust because they are literally plates or sections, composed of dirt and rock. These plates float on molten lava, called magma. Since the plates are floating on magma, they can slowly move. The place where friction occurs between plates is called a fault. A faul...

60-Second Game of Fairy Tale Improv

60-Second Game of Fairy Tale Improv For a good exercise in impromptu storytelling, try performing a well-known fairy tale in one minute flat. Drama classes and acting troupes alike can use the â€Å"60 Second Fairy Tale† to sharpen improvisational skills. Its also a great game for families and kids. How to Play Your cast size should be at least three people. (Four or five would be ideal.) One person serves as the Moderator, a person who interacts with the audience and plays the narrator, if necessary. The rest of the cast are the fairy tale performers. The Moderator asks the audience for fairy tale suggestions. Hopefully, the audience will shout out some great choices: Snow WhiteRapunzelThe Little MermaidHansel and GretelSleeping BeautyLittle Red Riding Hood Then, the Moderator selects a story everyone in the cast knows quite well. Remember, narratives such as â€Å"Cinderella† and â€Å"The Ugly Duckling† are more preferable- and more performable- than obscure fairy tales from ancient Babylonia. The Performance Begins Once the story has been chosen, the 60 second show can start. To keep the storyline fresh in the mind of the performers, the Moderator should quickly recap the key events of the story. Here’s an example: MODERATOR: â€Å"Okay, great, I heard someone suggest â€Å"The Three Little Pigs.† This is the one where three brother pigs each go about building their new homes, one with straw, the other with sticks, and the third with brick. A big bad wolf proceeds to demolish the first two houses, but can’t destroy the third. Now, let’s see this famous fairy tale performed for us in 60 seconds! Action!† Then the performers begin to act out the story. Even though they are trying to complete the entire tale in a very short amount of time, they should still create funny, interesting characters. They should also establish setting and conflict. Whenever the cast members slow things down, the Moderator can prompt them by narrating a new event, or simply by reading from a stopwatch. Nothing moves a scene along like calling out, â€Å"Twenty seconds left!† Variations Although the fast-paced nature of this game is very entertaining, there’s no harm in trying a â€Å"slower† five minute version. That way, actors can take their time and develop more character interactions and hilarious moments. Also, if the well of popular fairy tales runs dry, feel free to try out some of these Aesop fables: Tortoise and the HareThe Mouse and the LionThe Fox and the CrowThe Boy who Cried Wolf Or, if the talented acting troupe has a taste for pop-culture, try performing a movie in a minute. See what you can do with films such as: CasablancaStar WarsThe Wizard of OzGreaseGone with the Wind As with any improvisation activity, the goals are simple: have fun, develop characters, and think fast!

Social Work Theory Essay Example | Topics and Well Written Essays - 1250 words

Social Work Theory - Essay Example Justification for and against why used chosen theories   A. Praxis approach is suitable to establish context B. Cognitive therapy approach is suitable to address problems VII. Research   VIII. Conclusion   Abstract This report will analyze and evaluate the usefulness of functionalism. Based on the case of Mrs. Lucian, the concept of functionalism will be applied together with the assessment stage of ASPIRE modelled when developing social work intervention. Aside from the use of cognitive therapy intervention, this report highly recommends the need for social worker to educate Mrs. Lucian regarding her rights and privileges under the law in domestic violence situations or visit the nearby law enforcement group to discuss the problem with the police to protect Mrs. Lucian and her children from abusive husband. Functionalist Analysis and Cognitive Therapy In the Context of an ASPIRE Model Assessment Student’s Name Student Number Course Name and Number Name of Professor Date of Submission Number of Words: 1,505 Introduction Mrs. Lucian decided to seek professional help from the social service. In relation to the case of Mrs. Lucian, this report will focus on exploring the strengths and weaknesses of functionalism. ... Based on the assessment phase of the ASPIRE model, this report will critically analyze how the theory of functionalism can be useful in enabling the social care workers to assess and interpret the given case study. Brief Introduction about the Theory of Functionalism Functionalism is a structural theory which serves as a basis for asking a client to objectify the situation they are currently facing (Holmwood 2005, pp. 87 – 109). According to Jones (2003, p. 38), functionalism analyzes and study the society as a whole based on different structure that works as a system. Under common values, functionalism would normally give emphasis on objective observation of social relationships between the client and other people that surrounds the client (Brym and Lie 2007, p. 13). One of the strengths of a functionalist intervention model is that the use of this theory focuses on searching for ways on how the social care workers could reach social equilibrium (Brym and Lie 2007, p. 14). To maintain a healthy and harmonious family life, the personal interests of each of the family members should be well integrated and in equilibrium. As an active member of the society, the ability of the family members to stabilize their familial relationship could make the family as a whole function well. The theory of functionalism focuses on analyzing how people functions within a society based on social structure like family, education, and religion among others. In line with this, Isajiw (2002, p. 10) explained that it is important to solve familial dysfunction because of the interdependent phenomena that could arise from family-related problems. Since problems within

Leadership for Organizations Essay Example | Topics and Well Written Essays - 2500 words

Leadership for Organizations - Essay Example This intentional feature of acquiescence distinguishes from the various kinds of manipulations reliant on official power. The final aspect focuses on the fact that the consequences of leadership lead to deriving desired behavior from the followers. These desired actions are supposed to be decisive and are targeted towards an intention in a particular organizational structure. In other words, leadership is the competence of an individual to channelize and to stimulate the followers for the reason of exerting increased endeavor towards the accomplishment and effectiveness of the organization (Weiss, 2011). The paper intends to comprehend the leadership style that would be best suited to ensure the degree of success of an organization. Thus, this paper will make an attempt towards comprehending and evaluating the key concepts of leadership in a particular organization. The organization chosen for the reason of realizing the purpose of the paper is the Ashford Rotary Club. Leadership The ory & Its Way of Working Transformational Theories The transformational theories or this particular approach entails the basic notion that alteration and the function of leadership is predicting and putting into practice the reconstruction in terms of performance in the organizations. Leaders pursuing this approach help in prompting emotions within the followers which are perceived to stimulate them in order to behave in a definite way that can be referred as exchange relations. Transformational leaders are generally learnt to have a good vision and adequate management skills in order to generate an emotional union with the concerned followers. It has been noticed that the leaders possess a tendency to motivate the followers with the intention to attain the purposes that go further than their respective self interest (Boyle, 2003). Transformational leaders are known to entail three core characteristics and they are motivation, empowerment and morality. The motivational factor in suc h leaders is learnt to aim at the upper-order needs, for instance self-actualization in comparison to the other fundamental behavioral as well as emotional needs. The feature of morality emphasizes on the development of the followers. This particular core feature engages the incorporation of the moral values in relation to a particular organization within the followers which aids in giving rise to united orientation among the group members. Finally, the trait or quality of empowerment entails decisive independence, dynamic task management along with effectiveness of the individuals. Therefore, the three features of the transformational leaders help in attaining the following mentioned factors with regard to the followers (Boyle, 2003). An instance can be observed in terms of the President of the Ashford Rotary Club who acts as a leader for the members by guiding them. The President is known to follow a transformational style of leadership as he strongly motivates the members towards serving the community to the maximum. He never fails to admire or acknowledge the work done by his members and makes it a point to speak about the achievements of the respective members with the others. This helps in strongly encouraging the members in exerting increased efforts towards the attainment of the objectives of the Rotary Club despite witnessing grave problems such as dearth of funds (Ashford Rotary Club, n.d.). Effect of Power &

A Critical Reflection Essay Example | Topics and Well Written Essays - 2500 words

A Critical Reflection - Essay Example I realized that I could make some money if I sold some branded wristbands to my friends at margin. Although the venture collapsed shortly thereafter due to lack of sufficient resources, it played a critical role in shaping my life towards always looking for opportunities to satisfy unmet business needs. I believe that success does not come only from working hard but also by seizing opportunities at the right time. Essentially, entrepreneurship requires one to have a knack of identifying the unmet needs, assessing the business potential of an idea and then finally committing to implement the idea. Since my first experience in business at the age of ten, I have made significant efforts to improve my personal organization skills in order to be effective. One of the key areas that greatly influence entrepreneurial success is time management. Planning and productive use of time is essential in helping one to achieve his or her goals (Bird and West 2007). In order to manage my time effecti vely, I always plan my work well in advance and try to follow the schedule accordingly. However, sometimes I do get distracted by other responsibilities such as family issues and deviate from my set plans. Also, private engagements and having fun consume a significant portion of my time which would otherwise be utilized in a more productive manner. Entrepreneurship often involves the pursuit of new and innovative ideas. Thus, an entrepreneur inherently works in a highly stressful and challenging work environment. I have managed to internalize and apply this skill in my life by exercising self awareness of my personal strengths and limitations as I pursue business goals. According to Rae, interpersonal interaction is a core component of entrepreneurship capabilities (Blenker et al 2012). Business inevitably involves interactions with people of various backgrounds. For instance, a businessman has to interact with customers, competitors, suppliers, government authorities and other stak eholders. In my daily endeavors, I always aim at growing my network of social and industry contacts. I have learnt that it is through interactions with people that I am able to find out what is important to them and understand the situation from their perspectives. This is fundamentally important for an entrepreneur as it helps one to gain comprehensive understanding of the customer and lays the foundations for creating a product that perfectly addresses the needs of the clients. Teamwork is essential in entrepreneurship since the tasks involved are often enormous and difficult for a single individual to handle (Clarke and Robin 2010). Working in teams requires the leader to rally individuals to towards the attainment of a common goal. Negotiations are also critical as part of interpersonal interactions since an entrepreneur has to bargain for the best deals possible. From the entrepreneurship module, I have that negotiations require proper planning, clear goals and patience (Robson 2010). These components are important since they help one to get the best results from any negotiation and reach a favorable agreement. Teece (2010) noted that an idea remains simply an idea unless it is rigorously assessed to ascertain its potential value. Imperatively, it is foolhardy to rush into executing a business a idea before investigating its viability. The first step of entrepreneurship is coming up with new or better ideas to solve challenges in the society. It is evident from the learning in this module that once an opportunity has been identified, the entrepreneur should investigate and develop options for exploiting the opportunity. It is also necessary for one to entrepreneur to identify how the available resources

Health Care Utilization Essay Example | Topics and Well Written Essays - 1000 words - 1

Health Care Utilization - Essay Example Health is a basic necessity and must be provided equally to those who need it regardless of race, locality, gender, or social status in life. Health care has become effective in treating diseases and disorders, in saving lives, and in improving the quality of life; however, the cost of health care has also become expensive for Americans. President Barack Obama believes on the provision of accessible and quality health care to all Americans; thus, on March 23, 2010, he made the Patient Protection and Affordable Care Act into a law (Jacobs & Skocpol, 2012, 1). The ideal nature of the health care reform under the Obama administration is the center of debate as the Patient Protection and Affordable Care Act was viewed as expansive, ambitious, and unconstitutional. The best way to gauge the effectiveness of the current health care reform is to compare it with the previous legislations and provisions. To determine the different ways on how have recent health care reform measures expanded or inhibited access to care, we will discuss thoroughly the revolution of health care in the United States. First, previous health care is based on an insurance model as old as the Hammurabi’s code. There is a basic insurance policy where premiums from policyholders are pooled (Jacobs & Skocpol, 2012, 3). When somebody gets sick, the cost of the medical care will be paid from the pool. Therefore, this model inhibited access to care because majority of the benefits goes through the sickest patients while the healthiest members got the least. Second, the Bureau of Veterans Affairs worked on expanding a fully nationalized health care because of increasing number of commercial insurance companies (Parks, 2012, 3). The bill works by getting reimbursements from public and private insurers with charges and co-pays that don’t apply to all veterans. There are coverage limitations, however, health care has been expanded to a number of veterans, administrators,

Feminist Movement Essay Example | Topics and Well Written Essays - 2000 words

Feminist Movement - Essay Example In the past state have had primary jurisdiction in the field of domestic abuse legislation. However, recently Congress has enacted legislation because of the increasing mobility of society and therefore the potential for perpetrators to cross state lines to commit their crimes against their partners. States vary somewhat in their legislation, although police officers in all states can now arrest someone they suspect has committed a domestic assault without having witnessed the event.(State) They do however vary in that 3 states require an arrest if they are called to investigate an incident whereas the others don’t if they file a report explaining why they did not arrest. Most states and the federal legislation have similar definitions of domestic violence as that noted above. At one time forced sex by a man on his female cohabitating partner was not considered criminal sexual conduct or rape because this was regarded as his prerogative, but fortunately, this has changed. An a rrest usually requires some or all of the following conditions, a probable cause, suspect, and victim fit the definition of a domestic relationship (cohabitation), alleged act fits definition of domestic assault ( actual or threatened physical violence), reason to believe domestic abuse will continue if suspect not arrested or evidence of injury and incident reported within 28 days of occurrence. The 2 main acts of federal legislation are the Violence Against Women Act (VAWA) originally enacted in 1994.

LUSH's transfer to Brazil Essay Example | Topics and Well Written Essays - 2500 words

LUSH's transfer to Brazil - Essay Example The products include soaps, shampoos and hair conditioners, shower gel, bath bombs, face make, bubble bars, hand and body lotions for a variety of skin types. Lush in all its products uses essential oils, fruit and vegetables, honey and beeswax, and synthetic ingredients. It is a public limited company and is a part of the personal care industry. Lush operates in more than 50 countries there are some appropriate conditions of Brazil that has enforced the company to open its stores over there. Lush operates in Australia, Canada, Germany, Kuwait, New Zealand, Singapore, Taiwan, Australia, Hong Kong, UK, Sweden etc. This report outlines the opportunity that Lush has seen in the Brazil market and the reasons why it has not chosen any alternative markets for its operations. The report even proposes some marketing mix strategy that would be helpful for the company to operate in the overseas market. Brazil is selected as a new market to enter by Lush. The reasons behind selecting the Brazilian market for personal care industry can be justified using the SWOT analysis. It is structured planning method which is used to evaluate the strengths, weakness, opportunities and threat related to a component. The strengths and weakness are internal to the organization whereas the opportunities and threat are the external factors of the environment which cannot be controlled by the organization. These internal and external factors are analyzed using the SWOT analysis and it helps to know the factors essential to be considered while designing a strategy or in case of a product it helps to analyze which market is suitable for the business. The strengths highlight the advantage the component has over the others. The weakness illustrates the characteristics that place it at a disadvantage over others. The opportunities describe the factors it could consider in order to exploit its advantages. The threats highlight the possible

Feminist Movement Essay Example | Topics and Well Written Essays - 2000 words

Feminist Movement - Essay Example In the past state have had primary jurisdiction in the field of domestic abuse legislation. However, recently Congress has enacted legislation because of the increasing mobility of society and therefore the potential for perpetrators to cross state lines to commit their crimes against their partners. States vary somewhat in their legislation, although police officers in all states can now arrest someone they suspect has committed a domestic assault without having witnessed the event.(State) They do however vary in that 3 states require an arrest if they are called to investigate an incident whereas the others don’t if they file a report explaining why they did not arrest. Most states and the federal legislation have similar definitions of domestic violence as that noted above. At one time forced sex by a man on his female cohabitating partner was not considered criminal sexual conduct or rape because this was regarded as his prerogative, but fortunately, this has changed. An a rrest usually requires some or all of the following conditions, a probable cause, suspect, and victim fit the definition of a domestic relationship (cohabitation), alleged act fits definition of domestic assault ( actual or threatened physical violence), reason to believe domestic abuse will continue if suspect not arrested or evidence of injury and incident reported within 28 days of occurrence. The 2 main acts of federal legislation are the Violence Against Women Act (VAWA) originally enacted in 1994.

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Example for Free

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly ; Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.