Development of a Human Resource Department at CLI

Abstract Human Resource Management (HRM) plays an imperative role in the development of any organization. HRM plays a pivotal role in the development of human capital and ensures that the workers are motivated, supervised and controlled.Advertising We will write a custom essay sample on Development of a Human Resource Department at CLI specifically for you for only $16.05 $11/page Learn More In this report, the human resource department needs to be set up at Consolidated Landscaping Inc. Previously, the company did not have a human resource department and issues regarding staffing, adhering to the labor rules and other regulations regarding workers were not taken into consideration. In setting up the HRM department, the company needs to hire HRM officers and the HRM director. To select the best HRM staff, Bona Fide Occupational Qualifications (BFOQs) were formulated. These will be used in the recruitment process. HRM officers should have passed the Profe ssional in Human Resources (PHR) certification while the HRM director should have passed the Senior Professional in Human Resources (SPHR) exam. Introduction Human Resource Management (HRM) can be defined as the process through which employees working within an organization are managed so as to achieve the firm’s goals and vision. For an organization to achieve competitive advantage, it is necessary that the human workforce is properly managed, motivated, supervised and controlled.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The main roles of HRM in any organization are work analysis, job design, identifying staffing needs, formulating the task to be done by different employees, motivating workers, recruiting new employees, reprimanding employees, determining salaries, appraising workers, dealing with labor unions, preparing reports other numerous issues that concern employees w ithin a given organization. It is one of the core departments within any organization (Heneman Judge, 2009). Consolidated Landscaping Inc (CLI) is the largest landscaping company in the United States and its operations have increased over the years. The company’s operations have almost doubled in size due to the development of a major resort and the increase in residential houses within its locality. The reports given by the CLI shows that the personnel functions of the company are not centralized and are handled by various management personnel. The company’s personnel have not specialized in human resource management and hence, they don’t maintain proper records, labor laws and government regulations regarding employees are not followed. It is important that the company adheres to all the labor regulations and also maintains good working conditions for all the workers. In light of all these predicaments, it is necessary that the company develops a Human Resou rce (HR) department headed by the Human Resource Director. This department will manage and control the HRM activities within the company.Advertising We will write a custom essay sample on Development of a Human Resource Department at CLI specifically for you for only $16.05 $11/page Learn More Background Information HRM plays a very important role in the running of any organization. The success of any organization depends on the performance of key sectors such as HRM, finance, sales and marketing among others. Human capital within a company plays a significant role in its advancement. The workers skills, training, experience and intelligence is one of the competitive advantages for a give organization. Despite its importance, the functions of HRM have been overlooked by most of the companies and this affects its profitability and growth. In this case, the CLI Company has no HR department and these will affect the company’s performance in the long run. Due to lack of HR department, CLI Company is not adhering with the labor laws set by the government. Importance of HR Department HRM is one of the most important departments in the organization. The department is responsible for the development of human capital as well as motivating employees. The development of human capital entails: work analysis to determine human capital need, HR planning, recruitment process, selection of the best employee, training and developing these employees. In terms of behavioral change, the HR department ensures that employees are appraised, promoted and motivated properly to improve their performance. HR department promotes the quality of products, profitability of company and ensures that customers are satisfied because the employees are properly motivated (Mathis Jackson, 2010).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More HR Responsibilities at CLI The main responsibilities of the HR department are: Administrative functions The HR department carries out administrative tasks. The main tasks include hiring employees, responding to employees needs and addressing their concerns. These are important because employees have many needs and issues. Developing HR services The HR department is responsible for creating a good working environment for all workers. In CLI, the work given to the workers is not standardized and the working conditions are not consistent with the OSHA rules and regulations. The HR department should attract and retain employees. Address the company human resource issues The HR department should analyze the company’s human resource needs so as to determine when to recruit new employees or terminate employment of the inactive employees. Purpose The purpose of this report is to develop a human resource department for CLI Company. The report will first evaluate the need for this depa rtment, the number of HRM support positions required the qualifications and certification needs for all HR positions as well as give the Bona Fide Occupational Qualification (BFOQ) for each of the HR positions. This report will be useful as it will outline the HR requirement for company. HR Support Positions The main objective of CLI activity is to develop a HR department at the company. This can be done by evaluating their academic and professional qualifications as well as their experience as in HRM. Proposed HRM officers Consolidated Landscaping, Inc has no Human Resource Department. Since the company is in the process of recruiting employees to form this department, it is important that all the HR functional areas are assigned an officer who will coordinate its functions (Boxall Purcell, 2000). These officers will be under the human resource director. The following officers will be recruited: Payroll officer: the officer will be in charge of keeping all the payment records of all the employees. This officer will be in charge of recording the employee’s salary, paying salaries in time, preparing the payroll for all employees and addressing all payment issues raised by them. Staff development and training officer; the officer will be in charge of training needs of the employees in the organization. The officer will look into the training needs for various employees and the management personnel. Recruitment officer: the officer will identify the staffing needs of the organizations and inform the HR manager. He will organize and schedule all recruitments within the organization. Records officer: he will be in charge of maintaining the records of employees. All the particulars of a given employee will be documented and maintained by this officer. This is important so as to track the workers details such as sick leave, off days and lateness. Performance and appraisal: this officer will deal with evaluating the performance of employees so as to appraise them and also formulate methods of motivating these employees. Human resources manager administrative assistant: this officer will assist the HR manager discharge his duties. He will work together with the HR manager as he discharges his duties Recruitment process Bona Fide Occupational Qualifications (BFOQs) The BFOQ indicates the main selection tests and criteria that are required during the recruitment process. These tests differ from one company to another and are based on the company preferences. For a test to qualify to be a BFOQ test, it must not discriminate people on the basis of their gender, race, origin, religion and nationality. The BFOQ requirements for the HR assistant positions are: He/she must have completed a degree in Human Resource Management The candidate must have at least three years experience as Human Resource officer The candidate should have good medical record He/she must be of a sound mind He/ she must not abuse drugs or alcohol The candidate must disc lose the union he is registered with The candidate must not have been convicted of any crime related to abuse of his office Qualifications for the HRM officers The officers must have the following qualifications: They must have a degree in Human Resource Management The candidate must have at least three years experience The candidate must have proper managerial skills The candidate must demonstrate his/her ability to organize workers Information technology skills are necessary The candidate must have good interpersonal skills Leadership skills are also required He/she must be able to analyze and interpret data Certifications It is important that the human resource officer be certified. For these officers, the main certification is Professional in Human Resources (PHR). This certification is important as it demonstrate that the officer has knowledge and practical experience in the HRM field. One can only apply for the exam after two years of professional HRM experience. This is im portant as it will ensure that all the CLI workers will have the required experience in this field. It is important that all the officers employed have this qualification. Certification ensures that the officer employed has the following attributes: Has good tactical HRM knowledge Ensures that the HR officer is accountable Ensure that the officer has good professional skills Ensure that the officers can be able to implement new projects and change an organizations towards excellence in human resource management Certification exam emphasize on the main functional areas of HRM, hence all candidate who pass this exam have the adequate skills to run the HR department. HR Director Position The HR department at CLI will he headed by the human resource director. He will be in charge of all the activities within this organization. The main functions of the director will be: Head the department and ensure that all the officers under him are assigned their responsibilities Link his departm ent with the other departments at CLI Ensure that all the HRM strategies are implemented Approve HRM strategies Develop plans and goals for his department Sign appointment letters for newly employed workers Carry out a job analysis in all the departments so that new employees can be employed Terminate unproductive workers Bona Fide Occupational Qualifications (BFOQs) The main BFOQ requirements are: He/she must have completed a degree in Human Resource Management The candidate must have at least three years experience as Human Resource Officer He should have worked as a HRM manager for a period of five years The candidate should have a good medical record He/she must be of a sound mind He must be a person of high integrity He/ she must not be involved in drug abuse and alcoholism The candidate must not have been convicted of any crime related to abuse of his office Certifications It is imperative that the HR director be certified. The director must have passed the Senior Professio nal in Human Resources (SPHR) exam. This is a requirement for all the staff members in HRM senior positions. The certification exam tests the candidate in six functional areas of HRM and this ensures that the person who is employed has the required skills and professional knowledge (HR Certification Institute, 2013). Qualifications The main qualifications of the human resources director are: He must hold a master degree in HRM. The professional may also have a four year degree in HRM and a master’s degree in business administration (MBA) Certification: as a senior HR manager, it is a requirement that he/she must have passed SPHR from the Human Resource Certification Institute. Experience: a senior HR manager must have experience in the field. Competences: apart from education and experience, the director should have good analytical skills and be a good team player. He must also possess critical thinking skills, leadership skills and be able to improve the department regularl y. Interaction: as a senior manager, the HR must be able to interact with other managers within the organization. Team work with other directors is important for the company to progress and gain competitive advantages. References Boxall, P., Purcell, J. (2000). â€Å"Strategic human resource management: where have we come from and where should we be going?.† International Journal of Management Reviews, 2 (2),183-195. Heneman. H. G., Judge, A. (2009). Staffing Organizations (6th Ed.). New York: McGraw-Hill Companies. HR Certification Institute. (2013). 2013 Certification Policies and Procedures Handbook. Duke Street, Alexandria: HR Certification Institute. Mathis, R.L., Jackson, H.J. (2010). Human Resource Management, 13th Edition. Connecticut, U.S: South-Western Cengage Learning. This essay on Development of a Human Resource Department at CLI was written and submitted by user Senator Bail to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

The Unbearable Lightness of Being essays

The Unbearable Lightness of Being essays The Ideas of Lightness and Weight in The Unbearable Lightness of Being The title The Unbearable Lightness of Being represents a major theme that reoccurs throughout the book. Milan Kundera centers this theme on the relationship between Tomas and Tereza, the main characters. His writing centers on with whom and what his characters identify themselves with (Day). They are a married couple live in Prague during the Russian occupation. They have a bizarre relationship; Tomas cheats on Tereza incessantly, believing that "...the only relationship that can make both partners happy is one in which sentimentality has no place and neither partner makes any claim on the life and freedom of the other" (Kundera 12). This is the type of "lightness" of attitude Tomas exhibits throughout the novel. Conversely, Tereza is prone to "heaviness," meaning she carries weight wherever she goes and in everything she does. These two ideas shape the relationship between the two. The ideas are often at odds and cause problems for Tereza and Tomas. However, the ideas a lso explain why they are together and what makes them stay together. It is impossible to explain the ideas of lightness and heaviness in this novel without discussing existentialism. Existentialism is "a term that designates a concern in philosophy, literature, and art with the irreducibly personal and subjective aspect of human existence" (Existentialism). There is a definite emphasis on the individuals in this novel. The reader is concerned with how bearing all of this weight will wear Tereza down. At the same time, the reader has compassion for Tomas not being able to live a life of lightness because of Tereza. He is undeserving of this compassion for two reasons: he is a habitual adulterer, and he asked Tereza to marry him. The emphasis on Tomas and Tereza's ability to make their own choices is evident when Tomas decides to return to Prague after Tereza leaves him in Zur...

Presentation of Critical Assignment Essay Example | Topics and Well Written Essays - 1000 words

Presentation of Critical Assignment - Essay Example Introduction One of the recently criticized actions of United States is its attack on Abbottabad, Pakistan, which led to the killing of Osama bin Laden. On the one hand, detractors argued that the move broke the trust between two nations, U.S. and Pakistan, as well as the confidence of the Muslim people in nongovernmental aid (Rauhala, 2011, par.2). On the other hand, supporters asserted that the U.S. cannot be blamed for the weak health infrastructure of Pakistan, and that the mission promoted national interest (Nature, 2011, par.5). The significance of this event to Terrorism and Homeland Security will be explored further. In addition, principles and theories will be applied to understand its process and consequences on different citizens and future U.S. plans. The fake vaccination drive portrays the hardships of collecting intelligence information, through responding to religion and community needs aspects of terrorism, but denial and deception embody critical concepts in ensuring homeland security. Summary of the Fake Vaccination Drive The Central Intelligence Agency (CIA) plotted to attack Bin Laden’s compound, and confirmed its whereabouts through launching a phony vaccination drive (Shah, 2011). Shah (2011) reported in The Guardian on July 11, 2011 that the move allowed the U.S. to verify Bin Laden’s location by collecting his family’s DNA. The DNA from any of the Bin Laden children in the compound could be matched with a sample from Bin Laden’s sister, who died in Boston in 2010 (Shah, 2011, par.6). Shah (2011) revealed that the CIA recruited the help of Doctor Shakil Afridi, a high-level medical professional, to carry out a regional vaccination program, so that they could validate if Osama bin Laden was hiding in Abbottabad (Shah, 2011, par.7). The ploy is successful because by April, nurses gained access to the compound by giving free hepatitis B vaccine (Shah, 2011, par.13). Soon, the U.S. deployed the Special Forces to at tack the compound and eliminate Bin Laden. Significance to Terrorism and Homeland Security Religion The event is significant to Terrorism and Homeland Security because it showed the tactics needed to infiltrate terrorists with religious interests. In the history of terrorism, religion has been the central or periphery causes of organized terrorists (Purpura, 2007, p.11). For Al Qaeda, they see themselves as fighting a Holy War and use religious language to provide legitimacy to their interests (Purpura, 2007, p.11). Religion is a critical concept in understanding and defeating Al Qaeda, although it is not the only aspect of its organizational interests (Purpura, 2007, p.11). They have a political agenda that consisted of forcing the U.S. to withdraw its presence in the Middle East, ousting regimes that support the U.S., and uniting Muslims toward these endeavors (Purpura, 2007, p.11). The vaccination ruse in Abbottabad, Pakistan depicted the urgency of employing non-religious scheme s that are neutral enough to attain the trust of the terrorists and their families. Community Needs Vaccination is an important need of Pakistani communities, and one which the CIA exploited to serve its purposes. The CIA required something â€Å"authentic† to not raise the security alarms of Bin Laden’s compound (Shah, 2011, par

An Analysis of US Commercial Banking Sector of USAs Banking Industry Essay

An Analysis of US Commercial Banking Sector of USAs Banking Industry - Essay Example It is evident from the study that strong rumour is haunting the global banking industry that another banking crisis may spearhead in the wake of recent crisis in EU, and that may impact US banking industry also. In response to the scenario in Europe, the financial markets in US are demonstrating mounting signs of risk aversion and volatility. The outcome of the 2008 financial turmoil has prolonged to weigh on the recovery of economy; the credit rate downgrade and the recent debt ceiling fiasco have surmounted anxieties of financial volatility. Nonetheless, the US commercial banks as compared to their counterparts in Europe have more expanded portfolios and retain a much lesser share of government bonds. Moreover, US government backing and deposit insurance offer a vibrant backbone in the case of future bank failures as depositors prolong to have confidence in the capability of the US government to meet its commitments if there is a run -on -banks. This can be corroborated from the co ntemporary extreme low treasury yields. Commercial banking can be described as fiscal mediators with towering leverage, i.e. a comparatively higher ratio of short-term debt in the guise of deposits with a moderately little portion of equity. Large number of individual customers and business might have contributed the deposits to the bank. Thus, so pooled funds of commercial banks are accustomed to advance loans to individuals and businesses. (Iannotta 2010:2) In USA, commercial banks are institutions, which function as a financial mediator between borrowers and savers – thus, grouping the savings of many depositors and lending the same to eligible borrowers. Commercial banks thrive with a little margin as there will not much difference between the interest rate paid to the depositors and interest rate charged to the borrowers. To minimise the risk, commercial banks have established loan

Effective Management of Service Processes Essay

Effective Management of Service Processes - Essay Example The aim of this assignment is to show how the effective management of the service processes, its service, people and resource utilisation has contributed to the success of Bellagio. Management of Service Processes Bellagio follows focus strategy for its services. It is the first hotel in Las Vegas which has shown remarkable quarterly sales revenue and has set record for the same. Bellagio tries to attract the upper middle class of the society or the wealthy customers, by providing them with the best services. Las Vegas is a land for architects. This is because all the hotels here are built in such manner, that they appear to be unique in some or the other way. Bellagio being one of them is not an exception. The quality of its architecture attracts many customers. Bellagio portrays Italian Architecture (Bellagio, 2012a). Its goal is to create such an ambience so that the customers can sense the value of the hotel through its construction (Inland Architect, n. d.). The aim of Bellagio is to focus on the presentation in order to impress its visitors. The hotel should always offer the best infrastructure to its customers, so that they can feel the quality of services offered by the hotel owners. It is due to this reason that Bellagio always tries to advance itself in all aspects so that it appears to be unique to those, who are visiting Las Vegas for the first time. Gaming has always been an important centre of attraction for Bellagio. The main challenge for Bellagio was to attract those visitors who are non-gamers. Apart from its architecture and gamming section, Bellagio is also famous for its wonderful fountains. These fountains were designed by special designers (Bellagio, 2012b). Musicians and expertise performance artists were also invited to choreograph these fountains. In front of Bellagio’s building more than a thousand fountain dances are shown to the visitors. In order to provide satisfaction to the visitors, the hotel organises tours to different destinations. Guests feel the uniqueness of Bellagio as soon as they enter the hotel. The lobby is admirable in its design as well as in its scale. Throughout the hotel colourful flowers have been planted to provide a wonderful feeling to the visitors. The beauty of the garden attracts many visitors and guests. Moreover, Educational Wine Classes have also been introduced by Bellagio in order to provide a better knowledge about wine through different interactive sessions. The wine classes are led by Jason Smith who is the Director of Wine. The program was conducted with the help of various presentations including open discussions with the high profile industrial professionals. The conservatory and botanical gardens of Bellagio make it a holiday destination for most of the visitors (Bellagio, 2012c). The visitors are inspired to get rid of the heat of the East Coast by enhancing the seasonal ambience throughout the resort. The winter displayed at Bellagio is eye catching. Exposure to different seasons inside the resort was a new concept introduced by Bellagio. The rooms of the hotel are redesigned in an advanced way to enhance the guest experience. The entire remodelling of the hotel was done by the design group of MGM Resorts International. The rooms were designed with brighter lights and colours so as to bring a variation in them. It has renovated 2568 rooms in the main tower of the hotel. The approximate cost of remodelling of the rooms was $70 million. The availability of three different colour palettes has further enhanced Bellagio to be one among the world’s iconic resorts. (Source: Hospitality Net, 2012) An interesting fact is that Bellagio also organises art of cooking shows for its visitors. The kitchen is well equipped with proper

An Analysis on the Process of Adjudication

An Analysis on the Process of Adjudication Law is a â€Å"strange compound which is brewed daily in the caldron of the Courts† Hon. Benjamin N Cardozo[1]. The work of deciding cases goes on every day in hundreds of courts throughout the land. Any judge, one might suppose, would find it easy to describe the process which he had followed a thousand times and more. Benjamin Cardozo begins his Judicial Process with these words which with lyrical lucidity show what goes on in a court. It is deciding cases. To a layman, adjudication presents a picture of a court where a judge presides, listens to arguments of rival parties through their counsels and in the end, renders a decision which holds a person liable or acquits him of the charges that were labelled against him. To a lawman who is not untutored in the craft, adjudication means something more. When courts decide cases, they perform two distinct, though interrelated, functions. First, they settle the controversy between the parties: they determine what the facts were and apply the appropriate rules to those facts. This is the function commonly known as adjudication[2].While performing their second function, courts decide what the appropriate rules are and how they fit in a particular case. Deciding what rules are applicable often requires the courts to reformulate and modify the scope of existing rules. The second function is sometimes referred to as judicial lawmaking[3]. While adjudicating cases, a judge may be faced with a question of law or a question of fact or a mixed question of law and fact. Besides, he may come across a case which the existing law does not cover, that is the question to be decided by the court was unforeseen by the legislature while enacting the law. Tools available to a judge while deciding a question generally include the statutory provisions, pr ecedent laid down by an earlier court, and the certain overarching principles like that of natural justice and equality. Judicial function performed by the judges requires them at times to use their discretions and rely on certain -principles that lie extraneous to the realm of the enacted law. This is one aspect of adjudication that has stirred much jurisprudential waters over a long period. Questions invariably asked have been: whether judges only declare the law; whether they only interpret the law; whether they only discover the law or whether they make law also. There are two aspects of judicial function that come to fore: The first-which can be traced back to at least Hale and Blackstone-is that judges merely find and declare the law rather than create it. Thus, judges are, allegedly, not a source of law†.[4] The second aspect of judicial juristic techniques that receives much publicised attention is the doctrine of precedent.[5] The function of adjudication subsumes certain intricately intertwined issues. The tool of interpretation plays an important role in adjudicatory process. It may be said that Adjudication is interpretation[6], given the fact that Adjudication is the process by which a judge comes to understand and express the meaning of an authoritative legal text and the values embodied in that text.[7] Interpretation, whether it be in the law or literary domains, is neither a wholly discretionary nor a wholly mechanical activity. It is a dynamic interaction between reader and text, and meaning the product of that interaction.[8]To recover an old and familiar idea, namely, that adjudication is a form of interpretation would build bridges between law and the humanities and suggest a unity among mans many intellectual endeavours. A proper regard for the distinctive social Function of adjudication, and for the conditions that limit the legitimate exercise of the judicial power, will require care in identifying the kinds of texts to be construed and the rules that govern the interpretive process; the judge is to read the legal text, not morality or public opinion, not, if you will, the moral or social texts. But the essential unity between law and the humanities would persist and the judges vision would be enlarged.[9]The words and phrases are symbols that stimulate a mental reference to referents.[10]And it becomes relevant given the fact that the problem of interpretation is a problem of words and their effectiveness as a medium of expression to communicate a particular thought. One of the important aspects on interpretation is to find the intention of the members of the legislature whose creation, that is the enactment, outlives them. Salmond says that the true duty of the judicature is to act upon the true intention of the Legislature-the mens or se ntentia legis. However, the way this duty is to be performed becomes tedious in that judges have only the barren words to confront with and to find the intention of the legislature. The question of interpretation also brings forth the question: do judges make law while interpreting the law? Does the finding of intention amount only to discovery of law or does it mean creation of law? Interpretation often is instrumental in the birth of new precedents, and there have been arguments put forth that say precedents are clearest examples of judicial law making. Dworkinian thesis of how judges decide cases avers that judges merely discover law; they do not make law. However, it has been argued that when judges discover legislative intent, they in fact invent it instead of discovering it[11]. The growing complexities of modern day life throw new challenges and problems in myriad manifestation before the judges, who at times may be tempted to cross the restraints of written words of law, besides being confronted with question of morality and needs of justice. There may surface a problem which the law when enacted could not foresee. Or the law relating to a particular issue is shrouded in ambiguity. Many a time, a judge may have to trace that golden thread from the labyrinth of legalese and factual matrix that will help him reach the desired goal of rendering justice. Often, it is very difficult to do so. The process of adjudication requires a judge to be attentive and aware of the several factors which at times may have a telling impact upon the rights of people, besides jeopardising the cherished goal of doing justice. Performance of judicial function is an onerous task given the kind of responsibility a judge has to shoulder within the constitutional and statutory constraints that hedge him or her from all sides, though leeway for creativity does exist given the tools of interpretation a judge is armed with.13 Innovation comes to the rescue of judge when confronted with a novel case that demands that the judge acts in a way that justice is done: The discussion and deliberation that follow in the coming chapters focus on some of the key aspects of adjudication primarily that of Dworkins, and an effort is made to critically analyse the various facets of Dworkins theory of adjudication before reaching a conclusion in the light of criticisms levelled against them. 3.2  ADJUDICATION vis-a-vis SEPARATION OF POWERS Within the realm of law, adjudication enjoys a place of prominence. Primarily the task of the courts is to adjudicate upon the issues that arise in disputes between parties which may be an individual, at times, state, and on occasions both the state and individuals. In the modem era, the role of the judges has become more complex and it is now a far cry when compared with the role a judge had to play eons ago. The evolution of the society and the legal system has entrusted the judges with newer powers and functions. Now their area of operation is not confined to decide questions that arise between individuals as Geoffrey Rivlin reminds that First, where there is any dispute about constitutional law, the judges must decide what the law is. Their most important role, however, is to act as an independent check on the power of the executive. Only the courts have the authority to stop any individual or body of persons from exceeding their powers, or making improper use of their powers. Th is is known as preventing an abuse of power. When we speak of judges, it means the entire hierarchy of judges who operate in different courts. The problems arising before the courts and decisions to be rendered are different in nature depending upon the courts. The factors that influence the outcome of an adjudicatory process vary greatly, and so do the decisions of the court. Be that as it may, there are a score of issues that need to be dealt with when we consider the process of adjudication. 3.3  DISPUTE REVIEW BOARD/DISPUTE ADJUDICATION BOARD This method of international dispute resolution, first tried successfully in the 1980s in Central America, is now regularly used in respect of large international construction and infrastructure contracts. These contracts provide for the appointment of a panel of experts, generally construction practitioners (engineers, lawyers, economists), either at the time of signature or in the course of the execution of the contract. For example, contracts relating to the construction of the Vasco Da Gama bridge, over the River Tagus in Portugal, provided for the appointment of two panels (technical and financial) of three experts each. For the Channel Tunnel, between France and the United Kingdom, the designation of apanel of three experts and two alternates was provided for in contracts. Members of the .dispute review board/dispute adjudication board (DRB/DAB) are appointed by the parties in the same way as an arbitral tribunal is constituted, with one major difference. The panel is generally appointed at the very beginning of the project and for its whole duration, whereas arbitrators are appointed only in the context of a dispute. Each party nominates its experts and the two appointed experts designate the third that is, unless the parties have agreed on a different appointment mechanism. A one-member DRB/DAB may also be appointed DRB/DABs typically follow a project from beginning to end (through site visits, study of monthly reports, exchanges of correspondence, miscellaneous reports, etc.), This-is so that they are able, upon the request of a contracting party; to react promptly and knowledgeably and, if necessary, to issue an opinion, recommendation or decision in written form. DRB/DAB experts are usually paid monthly or, for on-site interventions, by the hour. The DRB/DAB may intervene in either a flexible or a more formal manner. In the former, it acts as an advisory body. A party or several parties may, by a simple and informal request, ask for a preliminary written opinion. This opinion is considered provisional in that it does not bind either the parties or the DRB. In the latter, the DRB/DAB plays a more formal role, insofar as it issues either a decision or a recommendation, on a procedure that enables each of the parties to express its ideas fully. Once the panel of experts has handed down its opinion, decision or recommendation, each of the parties indicates, generally within a fixed time limit, whether or not it accepts the decision or recommendation. If the decision is not accepted, recourse to the jurisdictional procedure (before a State court or an arbitral tribunal) remains possible. 3.4  DWORKIN’S THEORY OF ADJUDICATION The courts are the capitals of laws empire, and judges are its princes, but not its seers and prophets. Dworkin, Laws Empire, 407(1986) Introduction In laws empire, judges enjoy a prominent position. They are entrusted with the task of adjudication, which affects the lives of people in ways both seen and unseen. Rights of people who approach the apostle of justice stand to lose or gain depending upon how the judge presiding over the court views a case. Importance of judges in legal arena is reflected in Dworkins writing when he begins his Laws Empire with these words: It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court.[12] The difference between dignity and ruin may turn on a single argument that might not have struck another judge so forcefully, or even the same judge on another day[13]. A single nod of a judge may rob a person of his liberty or protect his liberty. It may mean life or death for a person.[14] The role played by judges assumes more importance today. Given the fact that they perform one of the tedious tasks in a society, it becomes desirable to see and analyse how they do what they do. In view of the foregone discussion in the previous chapter that touched upon the vexed question of what is law and the myriad facets of adjudication that are crucial to the understanding of how law operates in laws empire, the theory of adjudication as developed by Dworkin assumes due importance, especially given the parallels that are perceptible in the time that preceded Dworkins theory. One such parallel can be seen in Blackstones declaratory theory that dealt with the famous account of judging which holds that judges find (or declare), rather than make, law. In the introduction to the Commentaries, Blackstone states that the judges job is to determine the law not according to his own private judgment, but according to the known laws and customs of the land; the judge is not delegated to pronounce a new law, but to maintain and expound the old one. 3.4.1  ADJUDICATION: DWORKIN’S APPROACH To Dworkin, law is an interpretive concept†. By making this claim, he tries to distinguish his philosophy from what he calls semantic theories of law, which refer to positivist theories, like that of John Austin and Herbert Hart. According to him, these theories suppose that that law has a meaning which is shared by lawyers and others. This shared meaning consists of rules for using the word law. These rules, in turn, tie law in positivist theories to historical facts, such as the enactment of a statute or the decision of a case. Dworkin suggests that disagreement about the law, under positivist theories, would invoke legal argument in adjudication only about the historical fact made relevant by the shared meaning of law. He considered three theories of law-conventionalism, pragmatism and law as integrity in Laws Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes as the view that the doc trinal concept of law is an interpretive concept. 3.4.2  ADJUDICATION OF HARD CASES The theory of hard cases provided by positivism, according to Dworkin, envisages that when a particular law suit cannot be brought under a clear rule of law, laid down by some institution in advance, then judge has discretion to decide the case either way. He says the opinion of the judge seems to assume that one or the other party had a pre-existing right to win the suit, but idea only is a fiction. In reality, he has legislated new legal rights, and then applied them retrospectively to the case at hand.[15] Dworkin tries to provide an alternative method of adjudication which he calls naturalism. It is noteworthy how he builds up his theory of adjudication in the following manner:[16] I shall start by giving the picture of adjudication I want to defend a name, and it is a name which accepts the crude characterization. I shall call this picture naturalism. According to naturalism, judges should decide hard cases by interpreting the political structure of their community in the following, perhaps special way: by trying to find the best justification they can find, in principles of political morality, for the structure as a whole, from the most profound constitutional rules and arguments to the details of, for example, the private law of tort or contract. Prior to elaborating further on the methodology adopted by Dworkin, it will serve some purpose to see how he disagrees with the general understanding of how judges go about doing what they actually do. He believes that the common story about the way judges function is misleading, and misses certain notable points. He finds a further level of subordination in such a story which goes unnoticed. It is expected that when make law, they will act not only as a deputy to the legislature but also as a deputy legislature. However, Dworkin reasons:[17] They will make law in response to evidence and arguments of the same character as would move the superior institution if it were acting on its own. This is deeper level of subordination, because it makes any understanding of what judges do in hard cases parasitic on a prior understanding of what legislators do all the time. According to him, this subordination is both conceptual and political. He believes that judges are not deputy legislators, and they should not be as well. It is misleading to assume that they are legislating when judges go beyond the political decisions which have been made already by someone else. He argues that such an assumption misses the fundamental distinction between arguments of principle and arguments of policy. It is noticeable, Dworkin argues that the distinct outline here is an improvement upon the distinction between principle and the policy that he made under chapter two of Taking Rights Seriously, one of the virtues among others being that this formulation â€Å"prevent the collapse of the distinction under the artificial assumption described before[18]. It should be pointed out here that both the arguments justify political decisions; it is only the way they justify such decisions that differs. Arguments of policy justify a political decision by showing that the decision advances or protects some collective goal of the community as a whole[19] whereas the arguments of principle justify a political decision by showing that the decision respects or secures some individual or group right.[20]The justification of legislative program of any complexity, says Dworkin, will require both sorts of arguments. According to him, a program that is chiefly a matter of policy may require strands of principle to justify it[21]. Sometimes, it may so happen that a program which is generated by policy may be qualified by principle and vice versa. In a hard case where no settled rule dictates a decision either way, then, Dworkin says, it might seem proper that a proper decision could be generated by either policy or principle.[22]He cites the case of Spartan Steel Alloys Ltd. V. Martin Co. f02. In this case, the employees of the defendant company had broken the electric cable which belonged to a company which supplied power to the plaintiffs factory, which was shut down during the period the cable was repaired. Whether to allow recovery for economic loss following negligent damage to someone else’s property was the question to be decided before the court. Here, there are two ways open before the court. Dworkin says â€Å"It might have proceeded to its decision by asking whether a firm in the position of the plaintiff had a right to recovery, which is a matter of principle, or whether it would be economically wise to distribute liability for accidents in the was plaintiff suggested, which is matter of policy. Dworkin lays down his thesis: Judicial decisions in civil cases, even in hard cases like Spartan Steel, characteristically are and should be generated by principle not policy. 1 [1] Benjamin Cardozo, The Nature Of The Judicial Process, 10 (1921) [2] James L. Houghtling, The Dynamics of Law 13(1963) [3] Ibid [4] Rajeev Dhavan et. al. (ed), Judges and the Judicial Power 1 2 (1985) [5] Ibid. [6] Owen M. Fiss, Objectivity and Interpretation, 34 Stan. L. Rev. 739. [7] Ibid [8] Ibid. Fiss says, It is an activity that affords a proper recognition of both the subjective and objective dimensions of human experience; and for that reason, has emerged in recent decades as an attractive method for studying all social activity. The idea of a written text, the standard object of legal or literary interpretation, has been expanded to embrace social action and situations, which are sometimes called text-analogues. [9] Ibid. Indeed, interpretation is defined as the process by which the meaning of a text is understood and expressed, and the acts of understanding and expression necessarily entail strong personal elements. At the same time, the freedom of the interpreter is not absolute. The interpreter is not free to assign any meaning he wishes to the text. He is disciplined by a set of rules that specify the relevance and weight to be assigned to the material (e.g., words, history, intention, consequence), as well as by those that define basic concepts and that established the procedural circumstances under which the interpretation must occur. Id. at 744. [10] G Williams, Language and the Law, 61 LQR 73. [11] For a detailed analysis see, Chapters 4 and 5. Also see, Upendra Baxi, On How Not to Judge the Judges: Notes towards Evaluation of the Judicial Process, 25 JILl 210 (1983). [12] Ronald Dworkin, Laws Empire 1(2002, Indian Reprint) [13] Ibid. [14] Dworkin says, People often stand to gain or lose more by one judges nod than they could by any general act of Congress or Parliament. Ibid [15] Supra note 70 at 81 [16] Ronald Dworkin, Natural Law Revisited, 34 University of Florida Law Review 165 at 165- 166(1982). Suppose the question arises for the first time, for example, whether and in what circumstances careless drivers are liable, not only for physical injuries to those whom they run down, but also for any emotional damage suffered by relatives of the victim who are watching. According to naturalism, judges should then ask the following questions of the history (including the contemporary history) of their political structure. Does the best possible justification of that history suppose a principle according to which people who are injured emotionally in this way have a right to recover damages in court? If so, what, more precisely, is that principle? Does it entail, for example, that only immediate relatives of the person physically injured have that right? Or only relatives on the scene of the accident, who might themselves have suffered physical damage? Ibid. [17] Supra note 70 at 82 [18] Ibid [19] Ib.id. F~r example, The argument in favour of a subsidy for aircraft manufacturers, that the subsidy WIll protect defense, is an argument of policy. Ibid. [20] Ibid. For instance, The argume~t in favour of anti-discrimination statutes, that a minority has a nght to equal respect and concern, IS an argument of principle. Ibid. [21] Ibid. [22] Supra note 70 at 83. Emphasis added.

condoms Essay -- essays research papers

Why people do not use condoms Many men and women prefer unprotected intercourse or using another contraceptive method rather than using a condom. Among currently married women of reproductive age, only 5 percent use condoms for contraception worldwide, and only 3 percent in less developed regions of the world, according to United Nations estimates of contraceptive use. In this chapter we a re going to analyze or try to explain why some people don’t use condoms. In order to do this, we used some theory of the book ‘Social Psychology’ (7th edition) by David G. Meyers. Also we used much information that we got from the internet. In the above mentioned book, they explained that each construes the human skin as a special boundary that separates one set of casual forces from another. On the sunny side of the epidermis are the external or situational forces that press inward upon the person, and on the meaty side are the internal or personal forces that exert pressure outward. Sometimes these forces press in conjunction, sometimes in opposition, and their dynamic interplay manifest itself as observable behavior. In the figure below you can see a figure which explains Harold Kelly’s theory of attribution. Through the figure above, you can conclude yourself whether the following reasons are internal or external attribution. In addition we divided the causes in two parts. The first one is the reasons of the people in the developed countries and the second part is about the reason of the people in the developing countries. Developed Countries The most frequent reasons people in the developed countries give for not using a condom relate to the following issues: lack of sensation or interrupted sexual pleasure; psychological and social factors, including couple communication and assumptions that condoms are for use in extramarital relationships and with prostitutes; lack of availability of condoms, including policies that prohibit condom distribution to youth; and lack of confidence in the reliability of condoms themselves. To make condoms more acceptable and more widely used, all of these issues should be addressed. Factors affecting the acceptability of condoms can be thought of as a series of concentric circles that interact with each other -- from the individual at the center to the couple, the health-care system, the community and the entire world. An ... ...ong young people. Fearing that it will promote sexual activity out-of-wedlock, many service providers and pharmacists do not make condoms easily accessible to youth. Adolescents may hesitate to obtain condoms available at clinics because service providers act judgmentally towards them. Young women may be especially timid because it is considered inappropriate for them to seek condoms. Limited distribution systems complicate access, especially in rural areas. Government outlets may be relatively few and widely dispersed or private-sector sources may favor wealthier urban areas, resulting in uneven availability within a country. In 2000, donors provided less than one billion of the estimated eight billion condoms required in developing countries and Eastern Europe to greatly expand access for those in need. Many developing country governments are providing and promoting condoms as part of their HIV prevention strategies, but for the poorest countries, assistance from the wealthier developed countries remains the main source of condoms. In other countries, sustainable prevention efforts that include promotion and provision of condoms are hurt by inadequate government commitment.

Bonny Lee Bakley Essay

In May 4, 2001, Bonny Lee Bakley, wife of Robert Blake, was found dead in the passenger seat of Blake’s car.   The facts based on the investigation of the police are as follows: Robert Blake and Bonny Lee Bakley have just had dinner and are on their way to Blake’s car parked just outside the Italian restaurant Vitello.   Blake returned to the restaurant which was a few blocks away after he remembered that he left his licensed firearm inside the restaurant.   When he returned, he found his wife shot in the head.   There was no eyewitness.   There was no confession. Subsequently, charges for murder and two counts of solicitation of murder were filed against Blake.   According to the prosecution, Blake killed his wife to keep their 4-year old daughter away from Bakley.   It appeared that Bakley had been engaged in mail-order porn business and lonely hearts scams in the past.   She also had enemies after he defrauded some individuals.   Prosecutors attempted to prove that Blake initially persuaded two former stuntmen to kill Bakley but they refused prompting Blake to kill Bakley himself.   The Defense team however argued that there was no direct evidence that will link Blake to the murder of Bakley. In view of the nature of the controversy, the pieces of evidence that will play an important role in the resolution of the dispute are: physical evidence and testimonial evidence.   In general, documentary evidence also plays an important role in criminal trials, however, it was not important in this case. Physical evidence refers to any tangible object that may be used to prove a particular fact.   An example of physical evidence is the murder weapon used to kill the victim such as the gun or the knife.   In this case, the physical evidence is 9mm Walther P-38 which was found the following day thrown into a dumpster near the front of Blake’s car. Under the rules of admissibility, this piece of evidence is relevant to the case as it tends to prove or disprove who killed Bonny Lee Blake. It is also material because it will establish whether the murder weapon was used and fired by Robert Blake, the primary suspect.   The evidence however was rendered incompetent by the court since examination showed that while the gun was fired, there was no fingerprint on it indicative of the fact that the murderer was wearing thick glove (Lisa Sweetingham, 2005, â€Å"Jurors see gritty crime scene photos in actor Robert Blake’s murder trial p.2).   For this reason, this evidence was not useful at all for the prosecution. Testimonial evidence is the kind of evidence that makes use of testimonies of competent witnesses to prove a particular fact.   In this case, testimonial evidence of Ronald Hambleton and Gary McLarty were presented in court to prove that Robert Blake solicited their help to murder Bakley.   These pieces of evidence are both relevant and material to the case as it tends to prove the allegation of a fact, that is, Blake is guilty of solicitation of murder. This evidence was however considered by the court to be incompetent because the defense successfully introduced its own testimonial evidence that will prove that their testimonies are not reliable.   According to some of the jurors, they found the testimony of Hambleton incompetent because he had prior history of drug-influenced delusional behavior (Sweetingham, 2005, â€Å"Actor Robert Blake acquitted of his wife’s murder†, p.3).   McLarty’s testimony was also questioned based on the testimony of his wife and child that his years of cocaine abuse had made him paranoid and delusional (Sweetingham, 2005, â€Å"Actor Robert Blake acquitted of his wife’s murder†, p.3). The testimony of expert witness was likewise presented in this case.   Steven Dowell of the LA County Department of Coroner was asked to testify about the presence of gun-shot residue.   According to Dowell, he found the presence of gunshot residue (GSR) on the clothes Blake was wearing on the night of the murder. While the evidence was both relevant and material as his testimony tends to prove the possibility that Robert Blake may have murdered his wife, its competence was however not given very much weight by the court in view of his additional testimony that mere presence of GSR not coupled by additional evidence does not prove that Blake was responsible for the shooting and that it is possible that Robert Blake may have picked up the GSR from guns other than the murder weapon. As a result, in 2005, Robert Blake was finally acquitted for murder charges in view of the failure of the prosecution to prove its case (Greg Risling, 2005, p.1).   The said decision is based on the lack of direct evidence that will directly link Blake to the murder of his wife and the unreliability of the testimonies of the prosecution’s witnesses. Bibliographies Risling, Greg. (2005).   â€Å"Actor Robert Blake Acquitted of Murder.† AP Online. 2005. Retrieved March 22, 2009 from HighBeam Research: http://www.highbeam.com/doc/1P1-106449186.html Sweetingham, Lisa. (2005).   â€Å"Jurors see gritty crime scene photos in actor Robert Blake’s murder trial.†Ã‚   Courttv.com.   Retrieved 22 March 2009, from: http://www.courttv.com/trials/blake/011105_ctv.html#continue Sweetingham, Lisa (2005).   â€Å"Actor Robert Blake acquitted of his wife’s murder.†Ã‚   Courttv.com. Retrieved 22 March 2009, from: http://www.courttv.com/trials/blake/031605_verdict_ctv.html#continue

Causes of the Cold War essays

Causes of the Cold War essays The Cold War was a period in which the United States and the Soviet Union entered a hostile relationship. During the Cold War, the two countries struggled for economic, military, and political superiority. Many Americans and Russians alike questioned the prevalence of their government and economic systems: the capitalistic democracy of the United States or the communist totalitarianism of the Soviet Union. Tensions between the two countries originated from World War II. Even though they were allies during the war, they distrusted each other. The only reason they were allies was simply that they had a mutual enemy, Germany. The Cold War was not an actual war but a period of an antagonistic relationship between the United States and the Soviet Union with numerous causes and events that occurred between 1945 and 1955. The rivalry between the United States and the Soviet Union was in part a product of World War II. After the defeat of the Nazi forces, the Soviet Union began to move deepe r into Europe in hopes of expansion. They soon amassed many countries under its influence that would carry out its every desire. The United States realized that the Soviet army was the strongest in Europe after Nazi Germany had fallen and resented the fact that American influence in Europe was diminishing. The United States resentment was one of the major causes of the Cold War. In February of 1945, United States President Franklin D. Roosevelt, British Prime Minister Winston Churchill, and Soviet leader Joseph Stalin met at Yalta to discuss the future of the governments freed from Nazi control. The conference also included issues such as the postwar government of Germany and voting arrangements in the new United Nations organization. The most controversial issue was the Yalta Declaration on Liberated Europe, which stated that Eastern Europe would have free elections and constitutional liberties. However, the Polish government was being disputed betwee...

What Is Child Development Children And Young People Essay Essays

What Is Child Development Children And Young People Essay Essays What Is Child Development Children And Young People Essay Essay What Is Child Development Children And Young People Essay Essay When a cat and a miss met they have a intent in life which is portion of the rhythm which it starts when they get together sometimes they go by the procedure of society and acquire married other 1s do nt make what the society ask for and have in common in keep traveling with the procedure of the kid development which is the adult females to acquire married and become pregnant. Remember that is sometimes freedoms like everyplace which is non every individual adult female can acquire pregnant there are several adult females that are non capable of being pregnant. Again a adult females does nt acquire pregnant by herself she ever would necessitate the aid of her male spouse why is this ground because adult females merely are able to treat eggs and the spouse needs to set his portion in supplying the antherozoid in order to both become parents. When the adult female is able to acquire her eggs fertilizes and she finds out she is pregnant and advise all their household and closer friend everybody gets so aroused because now they are about to get down the procedure of a kid development. Child development has to make with life style like the state you were turning, besides The terminal of adolescence and the beginning of maturity varies by state and by map, and moreover even within a individual province or civilization or traditions. When the kid is born is called a neonate or babe by everybody and now the new parents have to learn the new babe how to larn to suit into society. The first stairss for the new parents is to learn the babe how to breath and feed her/his ego depending in chest milk or bottle, one time the babe is larning how to make this by itself so is clip to learn them how to get down eating solid nutrient so to creep. all the old erudite procedure is called babe phase so the babe turns into another modus operandi which is turned to name a yearling phase which includes some or all the undermentioned modus operandis when all this modus operandis are learned by the babe now it turns into a yearling which it requires more learning procedure like lavatory preparation so walking, speaking ( how to pass on with other yearlings ) so he/she merely finished the yearling phase so it follows the kid phase which is besides called deep kid development and depending in how the yearling was teach so he woul d be able to handle other kids the same manner she/he was teach. If a yearling learned how to contend so she/he would most likely battle other kids. If he/she was treated with love she/he would handle other kids with love and regard. Then we go to the undermentioned phase which is portion of the same phase but different age which is around 3-4 year old, and so it starts when the school starts and larn more different things like learn how to read and how to bask being around other kids. Then the following phase comes around 10-14 year old and is called pre-adolescence and is when the kid starts to developed more and more non merely how to cover with different issues at school like covering with peer force per unit area and the bully at the school but it start to develop mentally and physically and emotional now they can be distinguish male from female. Now they are more physical differences from each other, girls tends to develop chest and hips instead than male childs are able to de velop chest hair, moustache and face fungus, the kid is more mature and can see their ain alterations and starts to see all the different alterations between males and females and experience attract to each other and it besides larning how to cover with everything around them. At this age they have had learned and have had learn how to cover with all the pre-adolescent life manner. All the kid development has a major impact how they were learn how to cover at this phase. Sometimes parents do nt understand this age and considered they have about complete their occupation but they are incorrect because they are about to back up their kids because this is a really hard age, this when is more force per unit area is and this is why is called the hard old ages because the simple ground they seeking to set from childhood into maturity because they are non kids any longer but at the same clip they are non adults neither so adults handle them like they were kids but they are non kids and som etimes they are treated like kids by their parents but they are non kids neither. All this make the pre-teens and adolescents get confused and do nt cognize how to cover with all this alterations and they think cipher loves them and do nt understanding them. The pre-teens and adolescences are the easy mark to go pregnant and the usage of drugs and alcohol addiction because they think nobody attentions about them but they are besides incorrect because everybody loves them but few people understanding and they are invariably in problem with the jurisprudence and drug dealing. At the same clip they are bullied at school that prefer to be dead that trade with the equal force per unit area and being bullied at school and stoping suicide themselves before they can travel knocking door and happen person able to understand them and acquire aid to their jobs they decide to perpetrate self-destruction. This is besides one of the ground why many adolescents terminals in gaol because they did n t larn or neer were learn how to cover with equal force per unit area and the new demands in society, many adolescents Rebels against parents or other grownups because they neer were learn how to esteem other people around them when they asked for aid with grownup closer friends and relations or merely they merely following a forms from the society around them. If they saw nil but bad behaviour they learned from because cipher teaches them how to hold good positive life styles. Peoples around them neer had clip for them to learn them. Now we have had finished the hard age and turned into an maturity now society requires more from us as grownups, by this clip you should be acquiring ready to complete school and be person of import in life because society requires to hold a good behaviour and bring forth something positive in life for you and you new future household that when you are ready to get down you new procedure of kid development. We all as human been have had passed through at that place once we were babes or striplings but now the kid turned into a mature grownup and are able to run into the demand by society. At this age an grownup is able to manage things otherwise now and grownup have had passed the hard age and now is able to suit into the society and it should be mature adequate how to cover with more emphasis in life because now the grownup has the demand to learn each other how to cover with the procedure and troubles from society now the grownup behaviour is wholly different when he/she were babes and pre-teens and teens. Now an grownup is ready to suit into society and run into their demands and expression for another mate so they can follow the measure of kid development and have its ain household and learn their ain new kids the procedure of kid development but now the difference between their parents and the new household is that now the things needs to travel backwards now at this phase is get d owning the about stoping procedure of the kid development now is an grownup and unrecorded by the society demands and now is clip to run into the society to maintain assisting the kids and acquiring ready to the about stoping procedure of this development now is called aged phase what is this means? It means that an grownup about stoping with the kid procedure, now is about make the procedure of decease, now the grownup is non every bit immature as the adolescent s old ages now is wholly adults and needs to acquire ready to return the procedure of life, now the grownup is non able to make many things like he used to, now is tired for no ground, it does nt hold the same energy it starts to acquire weaker and weaker as the old ages passes through this age and sometimes non able to even feed his ain egos and now he need to acquire everything back what he learn his kids. As older he gets every bit weaker we are and sometimes the grownup is like babes once more, he/she need to hold nap pies changed, besides needs to be fit like babes, even he/she needs person to take him/her a bath, the grownup is a babe once more. You remember when your parents used to make this when you were turning up and you learned from your parents? Well now they need your clip and forbearance like they did when you were a babe. Now, they about to make decease, now they depend on you like you depended on them to learn you how to cover with the kid development your parents likely suffers from dementedness, Alzheimer s disease why is the ground of Al this unwellness? Simply because they encephalon is non the same, now they are aging and get downing to bury things, sometimes they are non even acknowledge you but do nt experience bad it is normal. Now they passed off and they are non with you any longer now is your bend to maintain being portion of your kids development. Albert Martinez 04/11/13

Richard Gagnon at Granston Energy Inc Case Study

Richard Gagnon at Granston Energy Inc - Case Study Example There are mainly two things to be analyzed – First one, why was Gagnon reprimanded by the CEO? And the Second one, what would have been the alternative way out to the above discussed complex situation? Basically, if we consider the issues from each individual’s viewpoint then we can say that everyone is correct on their part. The Product Manager Mr. Meadows rejected the previous work done by the printing firm & also he, didn’t accept the higher price charged by the firm for the new assignment, therefore it can be said that it’s a right step taken as because it is always expected from an employee that he would try to lower his employer’s expenses. He stated that the job which needed to be re-done doesn’t need to incur so much of cost as the set-up to be used would remain the same. So it can be concluded that from the business & legal perspective, he is absolutely correct. But if we look at the human perspective then it can be said that Mr. Meadows is a completely business oriented person & he doesn’t know how to behave nicely nor does he consider someone else’s problem. On the other hand, Mr. Gerrard had to do the job again & that too within a short time. For this extra effort, his employees would be working overtime & he needs to pay them. Therefore he charged a higher price for the job & we can say that he had a strong logic for charging the higher price. Also, he didn’t wish to lose a big business like Granston & therefore he agreed upon to the terms of Gagnon. It’s clear that he got involved in some illegal activities for the sake of his business. Mr. Gagnon was acting as the middleman between his client & his supplier. Both were important for him. He can’t afford to lose any of them at any cost. Also, he is well known in the company for getting things done with high responsiveness & creativity.  

The Inadequacy of US Counterinsurgency in Afghanistan Literature review

The Inadequacy of US Counterinsurgency in Afghanistan - Literature review Example 1). This research work aims at assessing the effectiveness of the counterinsurgency measures adopted by the U.S. in Afghanistan. Background of the Problem The principal argument of this study is that the US should deploy its resources in a manner that promote capabilities, which improve the competence of the Afghan government and its security forces, in conducting counterinsurgency operations. There have been several instances, wherein the US forces have enraged the Afghan villagers. This has been attributed to the ignorance among these soldiers, regarding the cultural and social traditions of the Afghans. It has been suggested that the US forces should abstain from interacting with the people and permit the Afghan authorities to take the necessary steps (Jones, 2008, p. 93). A major feature of counterinsurgency (COIN) warfare is the battle to win over the hearts and minds of the target population. This has been attempted even with the most seemingly isolated members of the populatio n, in remote villages and rural regions. For this purpose shortwave radio has been employed. This initiative would further alienate the Afghans towards the Karzai government, which is detested in the extreme; local politicians; governors; tribal chiefs; warlords and militia commanders, who are supporters of the highly unpopular Karzai administration (Kilcullen, 2009, pp. 50 – 51). Assistance has been scanty if not totally absent, in the rural areas. These areas had been at the greatest risk from the Taliban, and had been totally dissatisfied with the almost non – existent change. The fate of counterinsurgency in Afghanistan will be determined by what happens in rural Afghanistan. The developments in the urban regions will have little if any bearing on the success of failure of counterinsurgency (Jones, 2008, p. 4). Consequently, counterinsurgency has to reach such people. Rationale How effective was the U.S. Counterinsurgency in Afghanistan? I have examined the relevan t literature pertaining to the present topic, by eminent scholars, like Jones, Kilcullen, Ganesh Sitaraman, Mark, Johnson, Schreer, for answering the question. I have examined strategies, such as the traditional social hierarchies and the different forms of legitimacy, local, specialised knowledge trumps doctrine and theory. I have obtained information regarding the actual state of affairs with regard to fair elections, rule of law, and economic development in Afghanistan. The opinion of the authorities in this area, has contributed to the assessment of the situation. Issues, such as the exercise of power by the government, harmonisation of development, governance and security were provided by Mark. Positive elements in the extant literature, with respect to counterinsurgency are the unbiased opinion of eminent scholars and the provision of the true picture regarding the present situation, regarding the governance of Afghanistan. I will further investigate these issues, after applyi ng the relevant theories and strategies, pertaining to the counterinsurgency measures. As such, I can expand my research on the issues discussed in the literature, and arrive at better conclusions regarding the current problem. Hypothesis The counterinsurgency measures adopted by the US in Afghanistan have proved to be inadequate. This synopsis of insurgency in Afghanistan, brings to the fore the factors that had ensured the success of insurgencies in the past; external support, variations in the quality of the security forces, and challenges to governance. Research Questions What is insurgence?