Wednesday, December 25, 2019

The Constitution And The Declaration Of Independence

The Constitution is one of the most important document of the United States of America along with the Declaration of Independence. In the Constitution, the founding fathers and the government also included a set of rights entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a free country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone s belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each of them are of equal importance to balance the power between the†¦show more content†¦The right to bear arms is what grants people freedom as they are able to defend themselves from any life threatening dangers. However, this amendment has not been exercised correctly in the U.S which makes it one of the most d angerous amendment as well. But, this amendment still plays a crucial role in people s daily lives as they can protect themselves if there is any harm to their lives. Thus, it is important for this amendment to be reinforced even more to where owning guns is actually safe. Stated in an article on a court case titled, People Vs. Hughes in November 19, 2013, the Second Amendment is defined as giving citizens the right to keep and bear arms, [however,] this right is not absolute (Dwarika 726). In this court case a man named Frank Hughes usually goes to visit his girlfriend and one time he heard gunshots in her house and Hughes decided next time he would bring a gun for protection. While visiting his girlfriend again, Hughes this time met two men and one of them was nicknamed Maniac Guns and after a moment of fighting Hughes pulled out his gun to kill the other man. The freedom defined in this amendment is people are allowed to own or obtain their own guns however, it is only under certain circumstances where they are able to use the guns that they own or even own a gun. Some of the circumstances include: in a dire

Monday, December 16, 2019

Law Enforcement An Ongoing World Essay - 1456 Words

Saquita Huff December 2, 2016 Law Enforcement As the ongoing world we live in continues to develop, everything as we once knew it becomes history. In this paper we will discuss the History of Law Enforcement from the B.C.E until now. Law enforcement helps maintain peace, order and protection, dealing with property and citizens from criminals. According to The National Law Enforcement Museum Law enforcement History goes back to a historical time when people were responsible for leading justice based on a tribe. In any society the law is necessarily right. Everyone must have a minimum of rules and professional ethics in the work we perform. Law enforcement at its earliest goes back to about 3000 B.C.E when policemen would guard public places as well as gravesites. Egyptian empire had their own administrators who would be responsible for protective security and overseeing justice. The Ancient Mesopotamia some, like Egypt would separate in different areas and come up with their own governor in each area and be responsible for imposing laws. In the mid- nineteenth century American policing begin however only in response to the urban problems that arose by the Manufacturing Uprising. It was heavily populated and culturally and ethnically diverse communities where people lived and worked. The first formal civilian police force was considered vigils. Vigils, were non-military, they were in charge of keeping order and peace in the city asShow MoreRelatedSolving the Road Safety Problem in United States960 Words   |  4 Pagesfor the improvement of roads and the safety of vehicles too. Resources are also necessary to bolster the laws related to traffic, and the enforcement of those laws. Issues like vehicle design must also be taken into consideration. Road safety therefore requires a complex and comprehensive public policy that includes extensive assessment, thorough implementation, multifaceted monitoring, and ongoing evaluation. Extensive assessment of each communitys problems and needs is the first step towards improvingRead MoreRacial Profiling1430 Words   |  6 PagesOver the last twenty years the issue of racial profiling has become extremely combative with regards to law enforcement practices. A common misconception begins as some people are unaware of what racial profiling actually is. Racial profiling typically deals with incarceration, miss education, and to certain extent slavery. The topic of slavery is relevant in the conversation of racial profiling because like slavery, African Americans have suffered just due their own identity. Profiling is essentiallyRead MoreSocial Norms Determine What We Think About The Behaviors Of People981 Words   |  4 Pagesis what is trending. Mass media is based on consumer’s view. It is a norm that is widely accepted and not defended in way that will affect the serious issues that result in the over consumption and under age consumption of alcohol. This w ill be an ongoing battle because over-consumption cannot be enforced. â€Å"Drugs abuse is the use of any drug or medication for reason other than the one was intended to serve or in a manner or in quantities other than directed, which can clinically significant impairmentRead MoreBody Cameras And The Law Enforcement Officers880 Words   |  4 PagesIn todays society, American citizens are unpleased with the law enforcement officers. These officers are here protecting the people of America, and to get the people doing the wrong things off the street so the rest of the people can be safe. In the past few months, there have been shootings of American citizens, and shootings of law enforcement officers. The people of society are only seeing the bad side of police officers, and never understand the whole story when needed to be heard. As the internetRead MorePolice Brutality Is An Intentional Act Of Undue Force916 Words   |  4 PagesPolice brutality is an intentional act of undue force that a law enforcement officer uses to control a situation. This a ct violates the human rights of civilians and thus is unlawful behavior that exceeds the officer’s governmental power. Danilina (n.d.) stated: The most obvious form of police brutality is a physical form. Police officers can use nerve gas, batons, pepper spray, and guns in order to physically intimidate or even intentionally hurt civilians. Police brutality can also take the formRead MoreThe Crime And Crime Prevention878 Words   |  4 Pages In the world there are many social problems and most of them affect each and every one of us, such as cancer or Ebola. One that stands out is the rise in crime in America. Crime is huge in America although law enforcement say they are doing something about and have it handled, the truth is it is out of control. Stated in America.Net in an article online â€Å"Attorney General Eric Holder spoke at the Project Safe Neighborhoods annual conference in New Orleans on Tuesday, July 13, 2010 and endorsedRead MoreAnalysis : The Rodney King Incident Essay935 Words   |  4 Pagesand, by using the five contextual themes as a guide, identify administrative concepts that could have preven ted these situations. Racial profiling in law enforcement is the criminal justice malfeasance I chose it is safe, it is a hotbed topic and in law enforcement we are walking down a very slippery slope in discussing it. As a law enforcement officer is it safe to say the preponderance of the officers are committed to protecting and severing others and for the most part are very noble and veryRead MoreCommunity Policing Is Defined As The System Of Allocating Police Officers Essay1063 Words   |  5 Pagesensure their safety and well-being. There are three main components when it comes to community policing; community partnerships, organizational transformation, and problem solving. Community partnerships are collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. Organizational transformation is The alignment of organizational management, structure, personnel, and information systems toRead MoreHuman Trafficking in Houston Essay861 Words   |  4 PagesCaitlin Craft Hoffland Senior English 2 October 30. 2012 Current Slavery In Houston Texans and Americans alike need to be aware of ongoing human slavery that tarnished the I-10 freeway and they need to know how they can stop the plague of Human Trafficking on Houston Texas. This past January, President Barack Obama recognized Human Trafficking Awareness month. In a published statement the President said he wanted to, â€Å"recognize the people, organizations and government entities that are workingRead MoreRacial Profiling And Its Impact On Society1209 Words   |  5 Pages Cases of Racial Profiling There are tons of cases of Racial Profiling. Now a days many people are being targeted or attacked by racial profiling. Laws are being passed but not every police officer is following up with it. And because of this more and more people are becoming irritated with the government system. Just because a particular person from a particular race does something wrong, everyone from that race is being discriminated by so-called other races. Racial profiling is getting

Sunday, December 8, 2019

Tribunal Decision Provides The Opportunity †Myassignmenthelp.Com

Question: Discuss About The Tribunal Decision Provides The Opportunity? Answer: Introducation The main issue in this case for applicant, registered migration agent, and migration lawyer is whether there was any way to rescue the person with the applicable situation, and any option to get decision of AAT for the purpose of overturning the affirmation of student visa refusal and sent the case back to the tribunal for reconsider their decision. Decision of this case stated the steps and procedure which can be used to help an applicant in this situation. This case provided the most important lesson that it was not necessary to send the student back after his visa refusal, but there was need to examine and review the decision made by tribunal with care, and also evaluate the decision of the tribunal on the ground whether decision of the tribunal is affected by any jurisdictional error or not. This case can be considered as an example for the purpose of identifying and determine jurisdictional error. In this case, application was submitted by the applicant to the migration department, and this application was accompanied with the certified document from the doctor which state that applicant was suffering from depression, low mood, poor appetite and loss of sleep. Written statement was also submitted by applicant to the department and this statement defines the reasons why applicant changes his course of study. This written statement also included that applicant wants to professionally as a cook, and he came from the place where there were number of hotels which provide the opportunity for future employment as cook. In other words, jurisdictional error was committed by tribunal when tribunal fails to consider the important matters which must be considered by the tribunal. Section 499 of the migration Act 1958 and direction no. 53 imposed obligation on tribunal to consider the consideration stated in Ministerial Direction no. 53 because it was important for taking the decision (Migration Act, 1958). Applicant further argued that that tribunal fails to consider the evidences related to depression and changing his course presented by student before the tribunal which also results in jurisdictional error. Applicant also questioned the findings of tribunal related to the considerable gaps in the study and enrolment and studies and also the claim related to depression under which tribunal omit the consideration of actual diagnosis. Applicant also stated that tribunal overlooked the diagnosis present by the applicant because of which tribunal reject the claim made by applicant for depression as a reason to justify the gap occurred between length of time student remain in Australia and education achievements. Applicant also highlight the error committed by tribunal by referring only brief part of oral evidences stated by student related to reasons for enrolling the course of Diploma of Hospitality. Tribunal also fail to consider the evidences and reasons stated in written statement provided by student for the purpose of deciding his case. In this case, Judge Hartnett stated that analysis done by tribunal to the student claim related to issue of depression does not provide any reference of the certified medical document which was submitted by applicant to the migration department in the first instance and this certified document also provide formal diagnosis that the applicant was suffering from depression. Court also stated, decision of the tribunal not even satisfied the fact that documents submitted by the applicant in the first instance was even considered by the tribunal such as written statement which highlight the reasons why student change his course from business management to cookery. Therefore, Court held that tribunal failed to determine the relevant factors which result in jurisdictional error on the part of the tribunal. This case mainly highlights the requirement to evaluation and review of the decision of the tribunal with care for the purpose of determining whether decision made by tribunal is affected with jurisdictional error or not and also for determining whether evidences presented by the applicant was considered by the Tribunal or not for deciding the case. It might be possible that rights of the applicant and decision of the case was affected by the consideration of the tribunal and jurisdiction error committed by tribunal by not considering the evidences presented by applicant. Review of tribunal decision provides the opportunity to the applicant to rescue their visa application for the purpose of preserving their ability to study, work, and remain I Australia for other purpose (Federal Court of Australia, 2017 References: Singh v Minister for Immigration Anor (2017) FCCA 1901 (14 August 2017). Migration Act 1958- section 44. Federal Court of Australia, (2017). Singh v Minister for Immigration Anor (2017) FCCA 1901.

Sunday, December 1, 2019

Juvenile and Adult Courts A Comparative Analysis free essay sample

For many years, people have believed that the Juvenile justice system was meant to serve as a way to protect the community. Juveniles who commit crimes are different from adults because many do not understand the complexity of the crime committed. In order to respond to these differences, many states have established a way to treat these adolescents through Juvenile courts and youth-based recovery systems. While most states recognize that Juveniles who commit crimes should not be treated as an dult there are still some that are skeptic that the Juvenile Justice system works. The Juvenile Justice system began In 1899, In Chicago, Illinois where the nations first juvenile system was established. In the beginning the system was informal and often times it was nothing more than a conversation between the juvenile and a judge Cuvenile Law Center, 2013). Over the years the system has changed significantly where Juvenile courts have created a probation system which provided a different method to provide Juveniles with guidance, supervision, and education. We will write a custom essay sample on Juvenile and Adult Courts: A Comparative Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page By the 1920s ll but two states had followed the suit but it was not until the 1 960s where the juvenile Justice system was given several of the same legal rights as the adult court. There are many differences between the Juvenile and adult criminal systems but they also share their similarities. While their differences vary depending on the state, the similarities can be said to be our natural born rights. One of the main similarities Is the right to an attorney (LaMance, 2013). The defendant has the choice of either choosing a public defender to represent them or to hire a paid attorney. Both courts ot only give their defendants the right to cross-examine witnesses but also the privilege against self-incrimination. The prosecution must also provide proof beyond a reasonable doubt before either of the two can be charged and convicted (LaMance, 2013). The two also share the right to receive a transcript of the proceedings and the rights to have an appellate court review the lower courts decision. One of the main differences is the overall goal for both courts. While the goal for the adult court is to punish and convict, the juvenile Justice system prefers the method of rehabilitation nd reformation, thus giving the Juvenile a chance to become a productive citizen (LaMance, 2013). unlike adults, Juveniles do not have the right to a public trial and an adjudication hearing Is required in order for the Judge to determine If the minor Is a delinquent. If considered a delinquent, the court then decides which steps should be taken where the best Interest for the Juvenile Is taken Into consideration. The Juvenile court is still more informal than that of the adult court (LaMance, 2013). An example 0T tnelr InTormall ty Is tne rule Tor aamlsslDlllty 0T evidence wnlcn Is mucn more enient in the Juvenile court. Lastly Juveniles are usually not prosecuted for the delinquent acts that he or she has committed. However depending on the severity of the crime and state laws, Juveniles can be transferred and tried in the adult system (LaMance, 2013). The adjudication process in which Juveniles are transferred to the adult system varies by state. While some states enable the transfer of certain juveniles with a waiver, depending on their age and offense criteria, other states consider the Juvenile to be an automatic adult (OJJDP National Report Series: Juvenile in Court, 2013). Although all states allow Juveniles to be tried as adults in criminal court there are a few circumstances that follow. All states except for Nebraska, New Mexico, and New York provide a Judicial waiver where the Juvenile court Judge has the authority to waive Juvenile court Jurisdiction and transfer cases to the adult court. Other states have a concurrent Jurisdiction where the original jurisdiction for certain cases is shared by both Juvenile and adult courts. The discretion under the concurrent Jurisdiction is left to the prosecutor. Statutory exclusion is the legislative method, which mandates Juvenile prosecution in adult court. Youths charged with certain crimes can be placed in the adult system automatically, thus removing any kind of decision making process from Judges or prosecutors (OJJDP National Report Series: Juvenile in Court, 2013). In recent years states have significantly expanded legislation for allowing the use of Judicial waivers. This trend has increased the number of Juveniles incarcerated throughout the United States and has expectations to rise. Having a Juvenile treated as an adult gives them the possibility of life or death sentences and incarceration in state of federal prisons which can have a tremendous impact on the life and future of a Juvenile (Find Law, 2013). Although it may be served as a deterrent to some, sending Juveniles directly to the adult criminal court gives the Juvenile the impression that there is no room for rehabilitation or second chances, thus paving the way for a life of crime for others. Since the late 1970s, critics of the Juvenile Justice courts have pursued to abolish this ystem with the assumption that this system has failed its purpose, to rehabilitate juveniles (LaMance, 2013). Abolishing Juvenile courts holds ramifications for not only juveniles but also the community. Eliminating these courts would mean that all juveniles, no matter the age or crime, would be treated as an adult. Many Jobs and careers would be lost for those who have committed their lives to making a difference in the Juvenile Justice system, Jobs such as social workers, Juvenile detention guards, and Juvenile probation officers.

Tuesday, November 26, 2019

A Critique of The Use of Petrol essays

A Critique of The Use of Petrol essays Kevin Brown as a citizen in the United States who is curious as to why we are still using petroleum to fuel much of the United States makes his case by first asking the question, Why do we continue to use petrol as a fuel if we are so worried about our environment? Afterwards he poses a unique solution to the problem and finally he provides an explanation as to why his solution would be safe, productive, and economical. Brown first discusses his disgust in the fact that the United States is still using fuel from a country that it walks a tight rope with, and the fact that we also continue to pollute our environment as a result of doing so. First Brown gives a brief summation of the history of petrol and the damages it causes to both our wallets and our surroundings, and then he offers a remedy to the problem by suggesting that we use another fuel which has no damaging side affects and is completely free. With these two points Brown makes it clear that the United States is doing itself an injustice by continuing to both use petrol as its main source of fuel and by continuing to associate itself with Saudi Arabia. Browns solution to the use of petrol is that we instead use water as a form of gasoline. He admits that water alone will not fuel our country, but makes it clear that hydrogen will. Brown suggests that we use engines with hydrogen generators made of marine grade steel to power our vehicles. Afterwards he explains the responsibility and maintenance that will have to be assumed by the owner and finally in closing that he gives a brief summary of how this technique would be both more economical and safer to the environment. The use of background material in this article helps to make the reader of this article understand and recognize the problem with petrol that we now have here in the United States. However the effective use of argu ...

Friday, November 22, 2019

Edwin Howard Armstrong, Inventor of FM Radio

Edwin Howard Armstrong, Inventor of FM Radio Edwin Howard Armstrong (December 18, 1890–February 1, 1954) was an American inventor and one of the great engineers of the 20th century. He is best known for developing the technology for FM (frequency modulation) radio. Armstrong won numerous patents for his inventions and was inducted into the National Inventors Hall of Fame in 1980. Fast Facts: Edwin Howard Armstrong Known For: Armstrong was an accomplished inventor who developed the technology for FM radio.Born: December 18, 1890 in New York, New YorkParents: John and Emily ArmstrongDied: February 1, 1954 in New York, New YorkEducation: Columbia UniversityAwards and Honors: National Inventors Hall of Fame, Institute of Radio Engineers Medal of Honor, French Legion of Honor, Franklin MedalSpouse: Marion MacInnis (m.  1922-1954) Early Life Armstrong was born in New York City on December 18, 1890, the son of John and Emily Armstrong. His father was an employee of Oxford University Press, while his mother was deeply involved in the Presbyterian Church. When he was still very young Armstrong became afflicted with St. Vitus Dance- a muscular disorder- which forced him to be home-schooled for two years. Education Armstrong was only 11 years old when Guglielmo Marconi made the first trans-Atlantic radio transmission. Enthralled, the young Armstrong began studying radio and building homemade wireless equipment, including a 125-foot antenna in his parents backyard. His interest in science and technology took Armstrong to Columbia University, where he studied at the schools Hartley Laboratories and made a strong impression on several of his professors. He finished college in 1913 with a degree in electrical engineering. Regenerative Circuit The same year he graduated, Armstrong invented the regenerative or feedback circuit. Regeneration amplification worked by feeding a received radio signal through a radio tube 20,000 times per second, increasing the power of the received radio signal and allowing radio broadcasts to have a greater range. In 1914, Armstrong was awarded a patent for this invention. His success, however, was short-lived; the following year another inventor, Lee de Forest, filed several applications for competing patents. De Forest believed that he had developed the regenerative circuit first, as did several other inventors who became involved in the legal dispute that lasted many years. Although an initial case was resolved in Armstrongs favor, a later decision ruled that De Forest was the true inventor of the regenerative circuit. This was Armstrongs first experience with the legal system that would later cause him so much turmoil. FM Radio Armstrong is most commonly known for inventing frequency modulation, or FM radio, in 1933. FM improved the audio signal of radio by controlling the static caused by electrical equipment and the earths atmosphere. Prior to this, amplitude modulation (AM) radio had been extremely susceptible to such interference, which was what prompted Armstrong to investigate the problem in the first place. He conducted his experiments in the basement of Columbia Universitys Philosophy Hall. In 1933, Armstrong received U.S. patent 1,342,885 for a Method of Receiving High-Frequency Oscillations Radio for his FM technology. Again, Armstrong was not the only one experimenting with such technology. Scientists at the Radio Corporation of America (RCA) were also testing frequency modulation techniques to improve radio transmissions. In 1934, Armstrong presented his latest finding to a group of RCA officials; he later demonstrated the power of the technology using an antenna at the top of the Empire State Building. RCA, however, decided not to invest in the technology and instead focused on television broadcasting. Armstrong had not lost faith in his discovery, though. He continued to refine and promote FM radio technology, first by partnering with smaller companies such as General Electric and then by presenting the technology to the Federal Communications Commission (FCC). Unlike the RCA officials, those at the FCC presentation were impressed by Armstrongs demonstration; when he played them a jazz recording over FM radio, they were struck by the clarity of the sound. Improvements to FM technology over the 1930s made it more and more competitive with existing technologies. In 1940, the FCC decided to create a commercial FM service, which launched the following year with 40 channels. However, the outbreak of World War II limited the resources that could be put toward new radio infrastructure. Conflicts with RCA- which was still using AM transmissions- also prevented FM radio from taking off. It was not until after the war that the technology began to win popular support. In 1940, RCA, seeing that it was losing the technological race, tried to license Armstrongs patents, but he refused the offer. The company then developed its own FM system. Armstrong accused RCA of patent infringement and began litigation against the company, hoping to win damages for lost royalties. Death Armstrongs inventions made him a rich man, and he held 42 patents in his lifetime. However, he also found himself embroiled in protracted legal disputes with RCA, which viewed FM radio as a threat to its AM radio business. Much of Armstrongs time, as a consequence of the litigation, was devoted to legal matters rather than work on new inventions. Struggling with personal and financial problems, Armstrong committed suicide in 1954 by jumping to his death from his New York City apartment. He was buried in Merrimac, Massachusetts. Legacy In addition to frequency modulation, Armstrong is also known for developing a number of other key innovations. Every radio or television set today makes use of one or more of his inventions. Armstrong even invented the superheterodyne tuner that allowed radios to tune into different radio stations. During the 1960s, NASA used FM transmissions to communicate with its astronauts while they were in space. Today, FM technology is still used throughout the world for most forms of audio broadcasting. Sources Sterling, Christopher H., and Michael C. Keith.  Sounds of Change: a History of FM Broadcasting in America. University of North Carolina Press, 2008.Richter, William A.  Radio: a Complete Guide to the Industry. Lang, 2006.

Thursday, November 21, 2019

The Plight of the honeybee Essay Example | Topics and Well Written Essays - 1000 words

The Plight of the honeybee - Essay Example Ethos on the other hand is the use of authority be it moral or technical expertise to make an authoritative argument while logos is the use of reason to make a persuasive argument. The article is littered with the use of logos or logical reasoning to make an argument. This is expected because the author discussed a scientific phenomenon which is the mass deaths in bee colonies. This was very obvious with the use of factual figures to quoting studies by experts in the field both by individuals and institutions. This may make the paper a difficult read but it was necessary to make the case convincing why the mass deaths of honeybee is alarming. The paper began in this note to establish credibility using hard figures such as citing 237 items out of 453 items vanished when honeybees are removed from the produce section of Whole Foods store in Rhode Island making a thesis that honeybees "are the glue that holds our agricultural system together" (Walsh). The phenomenon of honeybees mass deaths were also assigned a scientific term by the experts as colony-collapse disorder (CCD) where the number of honeybee colonies that disappeared had increased causing honeybee kee pers money and their business as well as endangering our staple food from the perspective of science. The research leader at the U.S. Department of Agricultures Bee Research Laboratory says that â€Å"we are very close to the edge† (Walsh). Another aspect in the article that used the logos approach is the discussion of the causes of such mass deaths among honeybees which are the pesticides particularly the compound neonicotinoids, the Varoa mites and poisoned environment. The destructive mites Varoa was explained as a microscopic mite that kills billions of bees by burrowing into the brood cells that host baby bees and also on how to kill it such as â€Å"Monsanto’s RNA-interference technology that

Tuesday, November 19, 2019

MIS 2200 Essay Example | Topics and Well Written Essays - 250 words - 1

MIS 2200 - Essay Example It would help them to be equipped with advancing knowledge and skills so that they can better meet the organizational goals and objectives. Another very critical issue is that of our organizational culture which promotes cross cultural understanding and high ethical considerations within work environment. These are important factors for creating value based credibility amongst all our stakeholders. At the same time, it also helps to develop mutual respect and understanding and promotes effective communication to resolve workplace conflicts, if any. Shared goals and collective responsibility are important ingredients that significantly contribute to higher performance. The facilitating platform of continuous learning through system resources and external exigencies are major elements that help create benchmark for improved outcome. Indeed, we believe in empowering workers with knowledge and understanding so they can make decisions based on informed choices. Last but not the least important are the entrepreneurial initiatives of the workers which add value to the organizational visions and goals. The effort of the workers towards continuous improvement through constant learning and creative input is intrinsic to the organizational output and success. We hope that each of you will continue to contribute towards creating highly credible image of the organization amongst all our

Saturday, November 16, 2019

The Natural Born Citizen Essay Example for Free

The Natural Born Citizen Essay The President of the United States of America is the most powerful man in the world. The decisions that he makes and the policies that he enforce are things that have direct or indirect effects not only on the U. S citizenry but also on people living in other countries. This fact makes it imperative that a man or a woman who is going to assume the office as the President of the United States must have full control of his mental, physical, and emotional faculties when he takes over this important position. This is the primary reason why individuals who intend to hold office as president of the United States should be a â€Å"Natural Born† citizen. The wording â€Å"Natural born† means that the candidate should have been born into this world via natural birthing methods. THE NATURAL BORN CITIZEN THE FACTS ABOUT NATURAL BIRTHING Being born via a Natural birthing method ensures that the child has a huge probability of having full control over his Mental, physical and emotional faculties in comparison to those born via unnatural birthing methods (Caesarian method). Being born via Caesarian method has the following adverse effects namely: (a) The change that may take place on a child’s brain because of the chemical effects of anaesthetic drugs like morphine and lidocaine. These are drugs that are administered on laboring mothers to counter the immense pains associated to childbirth. Effects may include but would not be limited to cognitive and behavioral problems like long term Brain damage, ADHD and Autism (Stacey 2008). (b) Psycho social problems have a higher risk of occurrence on Caesarian born children than those who were born via natural means. According to Dr. Stanislov Grof, caesarian-born children often displays particular attitudes and personality traits like low self esteem, and difficulty in completing a task. CONCLUSION There is no question that the Position as Chief Executive of a country is a very demanding position that entails commitment and sound mental faculties. A person who is bound to get this office should have mental, physical and emotional resources that he could call upon to serve his country especially in troubled times. Caesarian born individuals are not fit to hold this office because there is a huge possibility that they are not intrinsically, physically and mentally fit enough to assume their duties as the president of the most powerful country in the World. This office demands that the person who holds office should have a nearly perfect if not fully unblemished mental and physical faculties. The THE NATURAL BORN CITIZEN position is not created by the constitution to be a testing laboratory for a potentially unfit individual. This position is not for the feeble minded, and the weak of heart. Any possibility of handing this position over to an individual who may be emotionally and mentally unstable is an unjustifiable risk that the most prominent country in the world cannot take. Such an undertaking is untenable and prejudicial to the best interest of the United States of America and her citizenry. The individual that should lead this great nation should have a sound body and mind at his disposal to best serve his country and his fellowmen. Anything less is a travesty to Democracy and Good Governance. References: Common Drugs Used During Labor and Their Side Effects. Retrieved May 22, 2010, from World wide web: http://natural-childbirth. net/tag/effects-of-drugs-on-baby/ Emerson, W. (1993). Treating birth trauma during infancy: Dynamic outcomes. CA: Emerson Training Seminars. Emerson, W. (1996). Treating birth trauma during infancy: Cord trauma. [Video-tape]. CA: Emerson Training Seminars English, J. (1985). Different doorway. Adventures of a cesarean born. CA: Earth Heart Press. Grof, S. (1998). Realms of the human unconscious. New York: Viking Press.

Thursday, November 14, 2019

Stonehenge :: essays research papers

Can''t find it here? Try Research Assistance world hunger World Hunger Every day an estimated 24,000 people die from hunger or hunger related causes. Three-fourths of these deaths are children under the age of five. One may wonder how this can be living in a country were it seems so much food is wasted everyday. Food restaurants and grocery stores throw away food every night before closing. Many Americans waste food every day within their own homes. With so much â€Å"left over† food in American how is it that an estimated 800 million people around the world suffer from hunger and malnutrition?1 Well, first we must define the word hunger. Hunger, in this case, is not just the rumbling in ones stomach that most of us feel if we have not eaten for a few hours. For this purpose, hunger is defined as â€Å"a condition resulting from chronic under-consumption of food and/or nutritious food products. It may be precipitated by an inability to obtain sufficient quantities of food to eat or a failure to consume adequate quantities of nutritious food products, regardless of the ability to obtain sufficient food supplies.†2 The problem of world hunger is not that there is not enough food produced in the world. â€Å"World production of grain alone is over 1.5 billion tons, enough to supply the entire world population with two pounds a day.†3 This grain combined the current production of other foods such as meat, fruits, vegetables, and nuts is enough to provide each adult and child on earth 3000 calories a day which is what the average American consumes.4 Americans are not the only ones who waste food. People all over the world are doing the very same thing. And the though it seems that America has too much food, we Americans have hungry people living right here in our own country. The world hunger problem lies within the changing environmental conditions, population, and most of all, poverty. This paper will discuss the causes, effects and possible solutions of world hunger. There are three major causes of world hunger, changing environment conditions, population, and poverty. The environment, of course, is the major element in the production of food in most countries across the globe. The environment in which one lives decides what types of food can be produced and how much of that food can be produced. The weather or climate in any particular environment can change and affect what people eat and how much of it they are able to eat. One change in the environment that adversely affects agriculture is soil erosion.

Tuesday, November 12, 2019

A Comparison of Special Education Philosophy, Policies an Dpractice Essay

The focus of this study is to compare the educational philosophies, policies,and practices between Malaysia and Japan, with regard to the education of children with special needs. Malaysia and Japan have some common historical experiences in that both countries were involved in the Second World War, both were colonised and given independence by Anglo-American powers. Geographically they are both in Asia. A significant difference between the two countries is the homogenous nature of Japan’s population and the pluralistic multicultural, multi lingual, multi ethnicity and religions of Malaysia. Japan is a developed and industrialised country whereas Malaysia is developing and targeting to be an industrialised one. Japan’s population of 127 million dwarfs Malaysia’s 29 million. It is needful to examine the set up of other countries, discover the root of the problems and analyse their solutions so as to better understand one’s own education system, avoid mistakes made and adopt suitable models accordingly. Hence, in this comparative study, an Asian country was chosen over an Anglo-American one, because Japan and Malaysia are both culturally group-oriented, power concentrated, inclined to be replicative and relationally holistic. As such it is probably easier to relate to contextually in matters relating to adapting globalised best practices in a culturally sensitive way. This paper seeks to look at the special educational policies and philosophies of both countries, study their practises, identify key issues and challenges faced, and to discover possibilities for mutual exchange, growth and development. There has always been a personal interest in Special education probably from parental influence and also from exposure to special people at a very young age. The increasing awareness of Special Education in Malaysia can undoubtedly be attributed to regular reporting by the media and the escalating pervasiveness of information technology available to the masses. In recent years, Special Education has given more attention to a wide range of learning difficulties, including dyslexia, autism, attention deficit hyperactivity disorder [ADHD], Asperger’s syndrome and so on, with focus somewhat moving away from visual, hearing impairment and physical, mental impairments. This is probably because in most developing and developing countries, visual and hearing impairments have already well-established special educational practices. For example, Special schools where various learning aids, such as sign language, Braille and magnified letters are used to accommodate the students’ teaching and learning needs. Some countries such as Japan and the United States of America (USA), have advanced to providing not only basic education but also pioneering tertiary education for the visually and hearing impaired. Different forms of learning difficulties have emerged over the past 25 years and are probably still emerging. In the past, these special needs (learning difficulties) were all classified under mental retardation, but as discoveries continue to be made and learning difficulties are classified differently, statistics show that mental retardation worldwide has dropped considerably. As these conditions are discovered and researched, some theories about these conditions change and some evolve due to these theories being challenged or disproved and new theories being proposed. For example there is a wide range of autism, from highly-functioning to deeply autistic. Some children who were diagnosed as autistic ten years ago, are now discovered to have Asperger’s disorder. Disorders along the Autism Spectrum Disorder (ASD) continuum include autism, pervasive developmental disorder, Rett Syndrome (American Psychiatric Assocciation, 1995) and Asperger’s disorder. Since ASD exists along a spectrum, intervention especially communication intervention must be highly individualized ( Schreibman, koegel, Charlop, & Egel, 1990), thus intervention-wise, a child with Asperger’s Disorder is to be regarded quite differently from an autistic child. The field of special education has seen growth that has been unprecedented and it is likely to continue with more contemporary curricula, programmes, materials and resources evolving at a rapid rate, driven by a developmental theoretical perspective. In response to the increasing number of children diagnosed with special needs and especially that of learning difficulty, it is imperative that policies, philosophies and practice of special education need to be redefined, reviewed and refined to cater for the development and nurture of these children. Common special needs include challenges with learning, communication challenges, emotional and behavioral disorders, physical disabilities, and developmental disorders. There are many famous personalities who have special needs and disabilities but have excelled in sport, fine arts, physics and in the music and movie arena. Olympic swimmer Michael Phelps made history by breaking records and winning eight gold medals. He also inspired thousands by speaking candidly about having ADHD. His mother has also been very public about telling their story. Professor Stephen Hawking, a renowned Physicist, is a well-known example of a person with multiple neurone disease who has against all odds, succeeded in life. Hawking cannot walk, talk, breathe easy, swallow and has difficulty in holding up his head. He could have well been classified as mentally retarded and severely physically handicapped and discharged to a home of the Spastics, yet he defied his doctor’s prognosis of not surviving more than 21 years. Stevie Wonder was born prematurely and as a result, he was never able to see. Wonder stands out as one of the most celebrated American musicians of all time. To his credit, he has won 26 Grammys and an Academy Award. This has earned him rightful standing in the Rock and Roll and Songwriter’s Halls of Fame. Phelps was told that he could never focus on anything, Hawking, that he wasn’t an exceptional student and Wonder, that he could never make it in life. They are an inspiration to one and all, both stakeholders and non-stakeholders alike. On this note let us look at Japan. JAPAN [pic] Figure1. 1 Map of Japan For many, the word Japan conjures up mystical Samurais, beautiful, graceful and demure kimono-clad geisha girls, sashimi (Japanese raw fish), beautiful spring apple-blossoms, ancient temples, lightning–fast bullet trains, Toyotas and Hondas, even the Iron Chef competitions and the list goes on; but education is certainly not an image that fills your mind when you hear the word Japan! Japan is an island country located in the Pacific ocean. It’s an archipelago of over six thousand islands, the largest being Honshu, Hokkaido, Kyushu and Shikoku accounting for 97% of Japan’s land area. Japan is often referred to as the ‘Land of the Rising Sun’ because the Japanese characters that make up Japan’s name, Nippon-koku or Nihon-koku means ‘sun origin’. Most of Japan’ s islands are mountainous and many are volcanic which is not surprising as Japan sits on the Pacific Ring of Fire. Mount Fuji is the highest mountain in Japan and an active volcano that last erupted in 1707–08. Japan has a population of 127 million people, ranks the tenth-largest populated country in the world. Tokyo is the capital of Japan with a population of 12 million. It is the Japan’s centre for culture and education and also the nation’s economic and industrial hub. The main language spoken is Japanese and most Japanese are of the Shinto-Buddhism faith. Since 1947, Japan has maintained a unitary constitutional monarchy with an emperor and an elected Prime Minister as head of government, with an elected parliament called the Diet. It is a highly industrialized, developed country and a major world economic power. Japan has the world’s second-largest economy and the third largest in purchasing power parity. It is also the world’s fourth largest exporter and fifth largest importer. It is the only Asian country in the G8 and a current non-permanent member of the United Nations (UN) security council. According to both the UN and World Health Organization (WHO) estimates, Japan has the highest life expectancy of any country in the world, and the third lowest infant mortality rate. History of Education Japan’s education maybe conveniently divided into pre-World War II(WW),post WW II, and modern Japan. On the whole, pre-WWII education was controlled centrally by the government, the education philosophy was guided by the Imperial Rescript Education (1890), Japanese values and Confucian principles were taught and stressed by society. Primary education was available to all but secondary and tertiary studies were elitist and discriminatory. This old system collapsed at the end of WWII and the United States Education Mission (1946) introduced new ideas and structures into the Japanese system such as extending free but compulsory education from six to nine years, higher education became more non-elitist, social studies was emphasized above moral studies, school boards were locally elected as opposed to being appointed under the old system, and teachers unions were formed. In 1952, Japanese sovereignty was restored and many reforms reverted back to the old system; school boards were by appointment, Japanese ideals moral studies were put back into the curricula but the 6-3-3 structure intended at democratizing education remain until today The University Control Law (1969) and other reforms emerged in the 70’s. Education in Contemporary Japan is under the jurisdiction of the Ministry of Education, Culture, Sports, Science and Technology (known also as the Monbukagakusho or MEXT). Three tiers of administration attend to the financial and supervisory educational services; namely the national (MEXT0, Prefectural (upper tier) and municipal (lower tier). There are five levels of schooling in Japan: Preschool which is free to all but not compulsory, Primary and Lower Secondary levels which are free and compulsory, and Upper Secondary and Higher Education which are neither free nor compulsory. The Fundamental Law of Education, the School Education Law and the Social Education Law provide the philosophies, policies and practices throughout the nation. The Japanese value educational excellence at all levels and their education system is thought to be extremely prestigious. Japan is consistently ranked at the top internationally in both Maths and science by the TIMSS (Trends in Interntional Maths and Science Study). Japanese education helps build student motivation. Their philosophy emphasizes effort over ability hence in the Japanese classroom, everyone is taught the same concepts and students are engaged in higher-order thinking skills. Correct answers are withheld and students are presented with material such as puzzles and encouraged to think of as many ways as possible to solve the problem. Fast and slow learners are not separated and advanced students help the less able, cooperation, a sense of belonging and oneness are fostered. This attitude is particularly important when it comes to special children. Special Education in Japan A brief history In 1878, the first special school for children with visual and hearing impairment was established in Kyoto. The first special class for children with intellectual disabilities was set up in 1890 in Matsumoto City, in Nagano Prefecture. To date Japan has 222 and 210 years of history respectively in the area of Special education, a figure to be proud of indeed. The number of special schools and special classes for children with various kinds of disabilities increased favorably until around 1930, but thereafter the WWII devastated special education. At the end of the WWII, the external number of special schools for children with blindness and deafness was still more than 100, but most schools were burned by air raids. In the case of special classes, all were closed except one in Tokyo, at which the children were also moved to rural areas without schools, let alone special classes. Special education had to be reconstructed after the WWII based on the philosophy of democratic education, which was introduced by the educational policy the United States who was then the occupation army. In 1947 compulsory education for primary school and lower secondary schools was introduced. Special education was rapidly rebuilt beginning with visual and hearing impairments schools and classes, followed closely by schools for intellectual disability, physical and health impairment. The development of special education since the end of WWII maybe seen as (1) Development of special schools and special classes. 1947- 1979 (2) Movement of integrated education – 2000 (3) Development of special needs education. – Present day The motto of the Special Needs Education System of Japan (SNES) – Where children with disabilities learn – is bold and apt. Looking at Figure 1.2, it is clear that special-needs children are given due consideration at all levels from pre-school right up to upper secondary school. Figure 1. 3 show that as the degree of disability goes from mild to severe, the children are correspondingly moved from regular classes with team-teaching, achievement-based teaching ,small-group classes, Special Support Service in resource rooms, to special classes and then on to Special Needs Schools. The four categories of special needs, the blind, the deaf, the intellectually disabled, the physically disabled and the health impaired in figure 1. 4, show the ratio of children with multiple disabilities in Special Schools in elementary and lower secondary levels. Due to increasing number of students with multiple disabilities, there is a move away from of schools catering only for single disabilities for example the blind or deaf. Japan has a national curriculum standards for children with disabilities called ‘the Course of Study or Gakushyu-shido-yoryo for schools serving the blind ,the deaf, children with physical and mental disabilities and health impairments. It can be amended when necessary to tailor to specific needs for these children. Parents, school board members and or medical and social personel are consulted in order to determine which curriculum suits the child best, be it one to one teaching, small group teaching, individual teaching plans or inclusive integration onto regular classes. Even when there is profound disability, the child is eligible for education according to their needs. In some cases teachers visit homes or institutitions to provide home tutoring. In major hospitals classes are available for children necessitating hospital treatment. Only 0. 001% of children in Japan are allowed postponement or exemption from school education. Teachers in Special education are required to have a license for special education in addition to their basic teaching license. The NISE provides highly specialized training courses. Local Special Education Centers in prefectures offer programmes to upgrade or learn new skills. Case conferences and Teacher’s study-meetings are conducted at school level. The NISE conducts research such as nationwide surveys to assist in making future national policies with regard to special education. At prefecture level, research and development schools and model schools are present throughout the country. Local Special Education Centers, Colleges and Universities conduct ongoing research on teaching methods to enhance Special Support Education. As part of the 2007 reform, the SNES aims to have schools for Special Needs Education where staff are competent in knowledge and understanding on more than one disability, so that students with multiple disabilties are be accepted and integrated into each local community. By mid 2010, Japan plans to launch their first graduate school for students with visual or aural impairments at the state-run Tsukuba University of Technology, their only University for the deaf. According to the university, it will be the world’s first graduate school for visually- impaired students and the third for hearing-impaired ones, following the footsteps of such schools as Gallaudet University in the United States, Master’s degrees will be offered: Industrial technology for visually challenged students and health science courses for hearing-impaired students. Academia is possible to all, those with special needs and those without, unless there is brain injury and the cognitive abilities are damaged. As the adage goes â€Å"There is no learning disability only teacher inability†. MALAYSIA [pic] Map of peninsular Malaysia and East Malaysia (Malaysian Borneo)Fig 1. 2 Malaysia, is made up of West Malaysia (peninsular Malaya) and East Malaysia (Sabah and Sarawak states) in nothern Bourneo. It is a land of beauty in its diversity, located in the heart of South East Asia, see figure 1. 2 which had for centuries attracted merchants and traders plying the ancient, lucrative spice and silk route between India and China. It is therefore no surprise that Chinese, Indian and Malays are the major contributors to Malaysia’s rich and vibrant cultural heritage, together with the indigenous people. Malaysia is a multi-ethnic, multi-cultural, multi lingual and multi-religious society, known for their warm hospitality, interesting and delicious variety of food and a delightful fusion of cultures making Malaysians attractive and unique. Bahasa Malaysia is the official language, but English is taught as a second language and many Malaysians are tri lingual: proficient in their mother tongue, in Malay and in English. Malaysia is well endowed in natural resources such as minerals,[ mainly tin and petroleum] agriculture and forestry. It is one of the world’s top exporters of natural rubber, palm oil, sawn timber, coca and pepper. Malaysia boasts of rich biodiversity and a wide habitat range, in the Gunung Mulu National Park, and in the Mount Kinabalu district of Sabah. Both have been marked as World Heritage Sites. In 2009 two interesting and historical townships, Malacca and Penang were also given World Heritage status. Today Malaysia is an independent nation state with a parliamentary constitutional monarchy. Kuala Lumpur is the largest city and the capital of Malaysia. It is also the main financial and commercial centre of the country. Malaysia is recognized as an emerging industrialized country with a GDP per capita PPP ranking at 48th in the world and second in South East Asia. For the past 20 years, Malaysia has been on a fast track development drive with measurable physical and economic success. Unfortunately, services and facilities enabling tangible inclusion of People with Disabilities (PWDs) into their communities were not developed in tandem, resulting in Malaysians with Disabilities excluded from enjoying a barrier-free environment and normal enriching independent lifestyle. There is a pressing need to firstly look at the education commitments of Malaysia to the children with disabilities so that indeed the mission of the Ministry of Education ‘To develop a world-class quality education system which will realise the full potential of the individual and fulfil the aspiration of the Malaysian nation† can achieved, and to reach their objectives stated below: – To produce loyal and united Malaysians. – To produce happy, well mannered individuals who have faith, knowledge and vision. – To prepare the nation? s human resource for its developmental needs. – To provide educational opportunities for all Malaysians. HISTORY OF EDUCATION Pre WWII, secular schools were mainly an innovation of the British colonial government, and English-Language schools were considered prestigious at that time. Post WWII, education was mainly aimed to feed the needs of the colonial government though the Malay, Chinese and Indian communities fought hard for their mother tongue to be used as a medium of instruction. Post independence (1957) in accordance to the national language policy, the government began to change English-medium primary and secondary national-type schools into Malay-medium national schools. In 1970, the language change was made gradually starting from the first year in primary school, was completed by the end of 1982. Malaysia’s belief that (NEP),New Economic Policy 1960-1970, the National Development Policy,1071-1990, The first to ninth Malaysia Plan, 1991-2010, ensure adequate funds to the Education sector for the development of the nation’s human resource and capital. It is through this course of action that the Malaysian Education system succeeds in responding to the issues of access, equity, quality and effectiveness of education for all Malaysians in a 6-3-2 structure. Education in Malaysia is overseen by two government ministries: the Ministry of Education for matters up to the secondary level, and the Ministry of Higher Education for tertiary education. Each state has an Education Department to help coordinate educational matters in their respective states, although education is the responsibility of the federal government. The Education Act of 1996 is the main legislation governing education which designates six years of primary education as compulsory. Pre-school is optional and most pre-schools are for profit and privately run. Five years of secondary schooling is not compulsory. For their pre-university studies, students have an option of doing two years of Form six or the Matriculation. Free education is provided from Primary one right up to Form six. A Brief History of Special Education Jabatan Pendidikan Khas (JPK) or the Department of Special Education, from being just a unit in the Education Department was established as a Department in its own right in 1995. It plays a major role in curricula planning and implementing the quality of special education programmes in both the primary and secondary schools in Malaysia. However the programmes for the deaf have a much longer history, the first residential school for the deaf was established in 1954. Interest towards Special Education in Malaysia began in 1920s among volunteers who were involved in the opening of schools for the hearing and visual impaired. The Cabinet Committee Report that studied the Implementation of Education Policy through the Recommendatory 169 was the beginning of a clearer focus and emphasis on the development of Special Education in Malaysia. The recommendatory says that: â€Å"With the awareness that the government should be responsible towards the  education of disabled children, it should then take over all the responsibilities from the organizations handling it currently. Moreover, the involvement of volunteers in developing the education for disabled children is encouraged. † SPECIAL EDUCATION PHILOSOPHY. The MoE Philosophy for Special Education states that ‘Education is given to develop the students physically, emotionally, spiritually and intellectually so that students can be educated to the highest possible level to enable them to obtain employment and live independently’. Programmes are based on the following policies: †¢ Education Act 1996, Chapter 8. †¢ Education Act (Amendment) Act 2002. †¢ Education Regulations (Special Education) in 1997. †¢ Policy Committee decision, the Ministry of Education [Education Planning Committee (SRC), Meeting Management Ministry of Education, Centre for Curriculum Committee (DFA) and Department of Management Meeting Special Education]. International Declarations: †¢ United Nations’ World Programme of Action concerning Disabled Persons (1983). †¢ The World’s Declaration on Education for All (1990). †¢ The United Nations’ Standard Rules on the Equalisation of Opportunities for Persons With Disabilities (1993). †¢ The Framework for Action on Special Needs Education (Salamanca Statement) in 1994. †¢ Biwako Millennium Framework for Action Towards an Inclusive Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific (2002). Three ministries service children with disabilities. They are, the Ministry of Health, the Ministry of Women, Family and Community Development (WFCD) and the Ministry of Education, but education for these children are only under the auspices of the Ministry of Education and the Ministry of WFCD. The Ministry of Education provides educational services for students with special needs who have visual and hearing impairment, learning difficulties, and those needing special remedial help. Learning disorders are categorized as follows: – Downs Syndrome – Mild autism – Attention Deficit Hyperactivity Disorder – Mild Mental Impairment and – Specific learning disabilities (eg. Dyslexia). The Ministry of WFCD provides services for children with the following problems: – severe physical disability – moderate and severe mental retardation – various other defects such as and – defects that do not allow the children to learn in schools provided by the Ministry of Education. Special Education Department’s Vision and Mission JPK’s vision statement is ‘Quality Education Generates Excellence Among Students with Special Educational Needs in line with the National Education System’, with the mission to develop excellent special needs human capital based on a holistic, relevant and quality education system so that there is – Optimum development the individual’s potential – Ability to compete and be marketable. – Moral values as a responsible citizen – Smart partnerships with various parties The Special Education services provided by the Department of Education are: †¢ Special schools for pupils with visual and hearing impaired and learning (secondary). †¢ Special Education Integration Programs for students with special needs and learning disabilities, impaired hearing and sight impaired. The program is available in non-residential, normal primary and secondary schools as well as in Technical/Vocational training (secondary) schools which adopt withdrawal or semi-inclusive approach. Programmes such as the Special Education Integration Programme and the Special Rehabilitation Programmes are fully administered at state levels by the State Education Department, whereas the Integration of Special Education Programs in Technical and Vocational Education is administered by the Department of Technical Education. The Malaysian Education for All Mid-Decade Assessment Report 2000-2007 states that one of the strategies is to expand preschool places for children with special needs from 32 integration classes to 100 classrooms in order to integrate children aged 5-6 with single disability, usually the learning disabled. Expansion necessitates therefore training the necessary preschool teachers and teacher assistants and also the proviso to amend the Special Education Regulations Act 1997 to accept students with two disabilities. UNICEF, working together with the Ministry of Health’s Development Division (MHDD) devised a standardised screening tool in 2006 to improve the early detection of autism amongst toddlers so that early intervention can be instituted. Issues with Sexual and reproductive health for children with special needs are also looked into, in response and recognition of their high risk of sexual abuse and exploitation, because it directly impacts their learning and overall development. ANALYSIS Japan as a leading economic power and highly industrialised country and Malaysia as a developing and emerging industrialised one, have commonalities in that were both affected deeply by WWII, and both were dominated by a foreign power, so it is interesting to see each country recovered, rebuilt and developed post-war and how Special education has evolved since then. Looking at the philosophy with regard to Special Education mentioned earlier on, both Japan and Malaysia are very similar in that both are highly commendable, comprehensive and impressive, subscribing also to many international special-education charters such as The United Nations’ Standard Rules on the Equalisation of Opportunities for Persons With Disabilities (1993). |Mission and Vision of JPK Malaysia |Mission and Vision of the NISEJapan | | |The mission of our institute as the National Institute of | |JPK’s vision statement is ‘Quality Education Generates Excellence |Special Needs Education is to contribute to:Improving the | |Among Students with Special Educational Needs in line with |quality of education for children with disabilities and to | |the National Education System’, with the mission to develop excellent|make educational provision to meet individual educational | |special needs human capital based on a holistic, relevant and quality|needs. We aim to do this by working with the national and | |education system so that there is |government organizations. Our vision is | |- Optimum development the individual’s potential |Research Activities that contribute to National | |- Ability to compete and be marketable |Administrative Needs | |- Moral values as a responsible citizen |-To undertake research that contributes to the formulation | |- Smart partnerships with various parties |of National Policy for Children. | |- Providing education opportunities and facilities for students |Practical Research that contributes to Education | |with special educational needs. |- To undertake advanced and practical research that | |- Providing relevant education to every student with special |contributes to education | |educational needs. |Specialized Programs for Teacher Training | |- Providing opportunity for students with special educational needs |- Provide systematic and special training for the school | |to develop their talent and potential. |staff who plays the role of leadership in special needs | |- Providing sufficient and up-to-date teaching and learning |education from local public organization and support them. | |material. |Training Programs that Respond to New Challenges | |- Ensuring sufficient trained teachers in special education. |- To implement training program for the major issue of | | |National Policy and/or urgent issue at educational site | |- Planning and managing all primary and secondary special schools. |flexibly and promptly. | |- Planning and coordinating all special schools integration program. |Counseling and Consultation that Provide Activities that | |- Planning, coordinating and evaluating policies and regulations, to|Supports Local Public Organizations | |ensure education is well-balanced, to help, service and support |- To conduct consultation and provide the information for | |students with special educational needs and implement the special |counseling and consultation to the organizations. | |education vocational policy. |Provide Information for Special Needs Education | |- Planning curriculum, activities and special education affairs. |-To collect, analyze, arrange and make database of the | |- Providing special education planning, research and evaluation. |information on special needs education from domestic and | |- Providing training plan and staff development; and |overseas and provide comprehensive information to teaching | |- Coordinating Special Remedial Education Program. |site. | | |Cooperation and Partnership with Universities and | | |Organizations in Domestic and Overseas. | | |- to collaborate and cooperate with universities and | | |organizations locally and abroad through seminars, to | | |research, analyze and evaluate the issues, and to share our| | |practical research results in special needs education. | One difference in their philosophy is that when it comes to learning, the Japanese put value and emphasis in effort over that of natural ability, resulting in primary school students being taught in classes that have not been streamlined into good, average or poor students, whereas stream lining students according to their academic performance is practiced by Malaysia and many other countries. It follows then that, if effort is put into the education of a special-needs child, the child can reach its full potential given all the necessary support. This attitude has given Japan an advantage of having an over 200 year history in educating people with special needs, which began with addressing the visual and hearing impaired. The Japanese School Education Law places special education firmly within the framework of the total education system by emphasizing that it is not separate from ordinary education. Japanese special education now officially recognizes seven categories of disability: the blind and partially sighted, deaf and har.

Saturday, November 9, 2019

Exploring Section Essay

Abstract Since the Labour Relations Act 66 of 1995 came into effect the South African labour market has undergone numerous changes. Such a consequence is the rise in the number of employees engaged in atypical or non-standard employment. This paper responds in the affirmative to Cheadle’s assertion that the Labour Relations Act 66 of 1995 provides inadequate protection to vulnerable workers such as non-standard employees. I explore the recent attempts to extend the protection of certain labour and social security laws to some categories of non-standard employees and I recognise their shortcomings. I suggest that senior and middle management employees no longer require statutory protection from unfair labour practices as such protection can be attained through contractual means. I propose that there is presently an urgent need to create a statutory arrangement which affords adequate protection to non-standard workers. 1. Introduction The current South African labour legislation is one which affords too much protection to those who do not need it and far too little to those who require it most. In his paper Cheadle explores the consequences of the changes to the labour market since 1994 and recognises that the current conceptual structure has failed to accommodate these changes. The first source for reform is that there is â€Å"a huge protection hole – casual workers are not protected, informal workers are not protected, marginalised workers are not protected. † This results from the changes undergone by the labour market and the fact that the current remedies for unfair labour practices in the Labour Relations Act 66 of 1995 have â€Å"never been subject to careful scrutiny†. The most effective response to this problem is a re-evaluation of the current labour legislation. Cheadle’s main argument is that there is no longer a need to protect the working class against unfair labour practices as they are able to protect themselves through contractual means. I concur with Cheadle’s affirmations and in strengthening my argument I focus firstly on the brief history and development of the concept of an unfair labour practice. Through this exploration I evidence how the lack of proper scrutiny of unfair labour practices has resulted in an ill conceived provision. I argue that the current labour legislation does not extend protection to non-standard workers this based on the fact that protection rarely goes beyond the employment relationship. I further argue that if middle and senior employees can contractually negotiate â€Å"their hours of work and rights to any payment for overtime work† then surely this is possible for purposes of unfair labour practices. 2. Origins of unfair labour practices The first observation made by Cheadle is that the ‘jurisprudence relating to the individual employment relation was fully codified in respect to dismissal but only roughly codified in respect of the residue. † Cheadle questions the lack of scrutiny applied to the definition of section 186(2) and argues that there is a need to revise and reconsider the practicality of unfair labour practices listed in section 186(2) of the LRA. The idea of unfair labour practice was first introduced into the South African labour law by the Industrial Conciliation Amendment Act. Under The Industrial Conciliation Amendment Act unfair labour practice was widely defined follows: â€Å"any labour practice which in the opinion of the industrial court is an unfair labour practice. † This wide definition was a mechanism intended to protect white workers against â€Å"less favourable conditions of employment in the face of an extension to black workers of access to occupations previously reserved for whites. † Because of this wide definition the legislature was obliged to intervene and in 1980 the concept of an unfair labour practice was more comprehensively defined. The protection regarding the right to strike, refusal to negotiate in good faith, selective dismissal or re-employment, and the use of derogatory language were then built in to the jurisprudence. However this was considered a rather strange jurisprudence as it governed both individual employment relationships and collective bargaining relationships. By 1995, in devising the Labour Relations Act, the unfair labour practices were built into the Act by way of the whole portfolio of organisational rights. The LRA was then negotiated and a set of transitional provisions relating to unfair labour practice where deferred until the Basic Conditions of Employment Act would be dealt with. When the time came the drafters failed to incorporate unfair labour practices and it was left as a transitional provision. It was finally incorporated through the 2002 amendments, where as Cheadle states, â€Å"a couple of words were changed† and it now constitutes the body of the statute known as a â€Å"charter for middle and top management. The history of unfair labour practice therefore strengthens the argument for the need to re-view the current legislation and to align it with the protection of vulnerable workers. 3. Regulated flexibility One of the underpinnings of the Labour Relations Act is the concept of regulated flexibility. Cheadle explains that in formulating the LRA the focus was channelled at achieving â€Å"efficiency, productivity and adaptability, but within the parameters or th e limits of protection. This ties in with the concept of labour market flexibility which gives rise to â€Å"new types† of employment which include but not limited to, â€Å"non-permanent employment for instance fixed-term and part-time work, through labours broker, tele-work, seasonal work, student jobs, working from home, self-employment and subcontracted work. † The current position is that there is insufficient statutory protection for workers employed in a typical work. Difficulty is further encountered in that the protection afforded under collective agreements does not extend to these forms of employment. Employers’ attempts to avoid protective labour legislation and restraints of the traditional employment relationship have also contributed to the rise in atypical employment. This constitutes the crux of the discussion in that law reform should rather shift its focus from increasing regulation to the achievement of labour market flexibility in order to adapt to the changing economic environment as well as to extend the protection under labour legislation to marginalised workers. 4. Contract of Employment and the â€Å"protection whole† The contract of employment creates a standard form of employment. It is the source from which protection and social security afforded under South African labour law is derived. According to the definition of employee in the LRA and BCEA this would mean that workers employed in a typical or non standard employment are ultimately excluded from the protection afforded under current labour legislation. Despite the wide definition of employee in that it includes â€Å"any other person who in any manner assists in carrying on or conducting the business of an employee†, non-standard workers such as part-time workers or home workers are still not protected by current labour laws. Cheadle argues that the reason labour law legislation does not extend protection to these non-standard worker is based on the history of labour law and the contract of employment. He makes an interesting argument in that the link to the contact of employment must be severed so as to accommodate any worker who works in a sector irrespective of the existence of a contract of employment. I fail to see the rationale behind this assertion. Cleansing the labour legislation of the employment contract would only open up the flood gates for unwarranted litigation and confusion as this is the only source for structure and order. Rather than tearing down well serving structures law reform should rather work on incorporating protective provisions into the legislative framework. A recommendation made by Mathias Nyenti is that trade unions should become more actively involved in extending protection to non-standard workers. However, trade unions are of two minds, on the one hand there is the need to promote the working conditions of non-standard workers but on the other is the fear that supporting labour flexibility will only increase non-standard employment and potentially corrode their support base. . Anti working class law? The next argument made by Cheadle and perhaps the most controversial is that, it has become unnecessary to protect middle and top management against unfair labour practices. The assertion is that these categories of workers can protect themselves through contractual means or otherwise through the common law. However, I question whether the common law is adequately equipped to deal with fai rness in the workplace? For instance, if an employee is presented with a situation where there is no contractual rrangement in place providing for promotional prospects, such an employee cannot claim that the employer acted unfairly in not promoting that an employee. Cheadle further argues that there â€Å"is no need for the judicial regulation of the selection decisions (hiring, training, promotion) and those aspects of discipline short of dismissal (suspension, demotion and other disciplinary measures). † In his breakdown of statutory unfair labour practice Cheadle first addresses the issue of recruitment and hiring and questions the reasoning behind its exclusion from the list of unfair labour practices. He concludes that the legislation has put mechanisms in place to protect against victimisation, discrimination, and corrupt appointments and those should therefore constitute the parameters in which the legislation should operate. Simply put legislation should not interfere with the operational personnel decisions of the employer. The issue of promotion is an interesting one. Cheadle questions why senior and middle management are given the right to challenge a promotion whereas this has never been a problem for ordinary workers. This mirrors the position in appointment and hiring. Which brings us back to the question–do senior and middle management really need such protection? The next unfair practice is the issue of demotion and I question why such a practice is regulated because as Cheadle asserts one cannot be demoted without their consent. If a worker is given an alternative between demotion and dismissal and the worker refuses to be demoted, that can be challenged under the law of dismissal. â€Å"Cheadle’s argument is therefore not for greater inclusion but rather an acknowledgement of the remedies and relief under existing common law and contract law. 6. Business perspective From a business perspective it is argued that an increase in labour market flexibility will attract foreign investment resulting in high employment levels and the mitigation of poverty. The argument is that over-regulated labour markets tend to have the opposite effect, reducing global engagement and the prospect of employment. â€Å"However, trade unions believe tha t government needs to protect its vulnerable workers against exploitation if it is to achieve its social transformation objectives. † 7. Conclusion The recent changes in the labour market have thrown vulnerable workers in a â€Å"protection hole† and the current labour legislation unfortunately fails to remedy this position. The bottom-line is that labour reform should be focused on protecting those employees who need protection the most such as workers in atypical employment. There is a great need not only for legislative reform but also reform of the institutions which implement the legislation such as the Commission for Conciliation, Mediation and Arbitration. While I am in agreement with Cheadle’s assertions on the most part, the suggestion that the employment contract should be done away with is a highly controversial and one which I do not agree with. One provision which should be reviewed or even removed however is one which offers unwarranted protection to senior and middle employees who are able to protect themselves through contractual means. Section 186 no longer has a place in the legislative framework and should either be re-evaluated to include vulnerable workers or removed in its entirety. Bibliography Books Van Jaarsveld et al 2001 LAWSA 8

Thursday, November 7, 2019

Free Essays on Crime

Crime Causes Poverty Throughout America there are it’s ghettos, the poverty stricken, the poor, or may you say the less fortunate. Everyone isn’t always fortunate enough to be mid-class, or rich with a two door garage and a white picket fence. Many people wonder why there are such ghettos, why there is so much poverty in America when America continues to hand out opportunities. The main issue is what causes poverty, crime causes poverty, making the poor even poorer, the unwise more ignorant etc. It was once a myth that poverty causes crime, but today I think it is clear that crime is causing poverty. Businesses are driven away from theses areas , taking jobs and opportunities with them. Potential investors and would-be employers are scared away. Existing owners are deterred from making improvements on their property, and as property values go down, owners disinvest in their property. What needs to occur for this to not happen is for the police to be more abundant in these areas. Do you see crime causing poverty in â€Å"white† mid-class areas? The answer to that is NO! Do you always see the police there, cruising the streets? The answer to that is Yes! Therefore there is no crime, causing more investors to come to their suburbs or cities. Causing more employment, more jobs, more money into people’s pockets and more economic welfare. This is the answer to the problem, the urban ghettos need more protection within their streets and maybe those cities wouldn’t be so poverty stricken.... Free Essays on Crime Free Essays on Crime Are juveniles as under control today as they were in the past? Crime plays a major role in today’s society. The government follows the policy and has always followed the policy that no crime goes unpunished. The controversy that surrounds the United States courtrooms today is whether or not a minor needs to stand trial as an adult for committing a serious offense. These decisions made by the judge or jury in the preliminary hearing affect the rest of the suspects life. The opposing argument to the issue of juveniles being tried as adults remains that the minor is too young and immature to understand the consequences of what he or she did wrong. Juveniles need to be punished according to the severity of the crime in which they committed. Ultimately, juveniles should stand trial as adults. The opposition believes that holding court cases where juveniles remain tried as adults undoubtedly violates the rights of the juvenile. Initially, the age of a person when the alleged crime occurred decides whether or not he or she will be tried as a juvenile. â€Å"Definitions of who is a juvenile vary for different purposes within individual states as well as among different states† (Rosenheim 36). Children, ages seven to seventeen, who are suspected of crime, must be treated as children in need of guidance and encouragement, and not as vicious criminals (Emerson 6). Also, the opposition feels that the juvenile cannot accept full responsibility for his or her actions. Some people insist that each minor who committed a crime was influenced in some way or another (Emerson 8). Not only does the opposition believe that the minor was influenced, but they also believe that the juvenile was not able to control his or herself (Emerson 8). In addition, juveniles have not yet reached the necessary maturity level to share a prison amongst other adults. Minors, isolated for punishment, do not deserve this radical treatment (Staff Report C13). Numerous lawsuit... Free Essays on Crime America's prisons have been called "graduate schools for crime." It stands to reason: Take a group of people, strip them of possessions and privacy, expose them to constant threats of violence, overcrowd their cell-block, deprive them of meaningful work, and the result is an embittered underclass more intent on getting even with society than contributing to it. Prisons take the nonviolent offender and make him live by violence. They take the nonviolent offender and make him a hardened killer. America has to wake up and realize that the current structure of our penal system is failing terribly. The government has to devise new ways to punish the guilty, and still manage to keep American citizens satisfied that our prison system is still effective. Americans pay a great deal for prisons to fail so badly. Like all big government solutions, they are expensive. In the course of my research dealing with the criminal justice system, I have learned that the government spends approximately eighty-thousand dollars to build one cell, and $28,000 per year to keep a prisoner locked up. That's about the same as the cost of sending a student to Harvard. Because of overcrowding, it is estimated that more than ten-billion dollars in construction is needed to create sufficient space for just the current prison population. And that’s not it, what about the future explosion of the prison population? Crime in the United Sates is rising. More prisons and more money will be spent if the crime rate keep rising and the inefficient way in which the government manages its prisons stays constant. The plain truth is that the very nature of prison, no matter how humane society attempts to make it, produces an environment that is inevitably devastating to its residents. By letting violent and nonviolent prisoners share cells they only produce more violent criminals. Violent criminals; murderers, rapists, and misguided youths sharing cells to... Free Essays on Crime Crime Causes Poverty Throughout America there are it’s ghettos, the poverty stricken, the poor, or may you say the less fortunate. Everyone isn’t always fortunate enough to be mid-class, or rich with a two door garage and a white picket fence. Many people wonder why there are such ghettos, why there is so much poverty in America when America continues to hand out opportunities. The main issue is what causes poverty, crime causes poverty, making the poor even poorer, the unwise more ignorant etc. It was once a myth that poverty causes crime, but today I think it is clear that crime is causing poverty. Businesses are driven away from theses areas , taking jobs and opportunities with them. Potential investors and would-be employers are scared away. Existing owners are deterred from making improvements on their property, and as property values go down, owners disinvest in their property. What needs to occur for this to not happen is for the police to be more abundant in these areas. Do you see crime causing poverty in â€Å"white† mid-class areas? The answer to that is NO! Do you always see the police there, cruising the streets? The answer to that is Yes! Therefore there is no crime, causing more investors to come to their suburbs or cities. Causing more employment, more jobs, more money into people’s pockets and more economic welfare. This is the answer to the problem, the urban ghettos need more protection within their streets and maybe those cities wouldn’t be so poverty stricken.... Free Essays on Crime Crime has been a defining characteristic of modern America. It has claimed thousands of lives and has cost billions of dollars. The U.S. â€Å"correctional† population is at a record high. During the past two decades, the prison population has grown more rapidly than at any noted time in history. This growth resulted in the massive new prison expansion program, which was implemented in order to deal with overcrowding in prisons. The present day role of our prison system is one of deterrence. By being â€Å"tough on crime† with stiffer drug laws, tougher parole requirements, mandatory minimum sentences, â€Å"three strikes† laws and other legislation, our nation, supposedly, strives to lower the crime rate. The millions of Americans behind bars, the majority of them nonviolent offenders, means jobs for depressed regions and major profits for private contractors wanting to â€Å"cash in† on the opportunity. Our current prison-based rehabilitation prog rams have not kept up with this growing number of offenders. Our â€Å"corrections† system is failing; we are not rehabilitating prisoners. Instead, we are simply housing inmates, then releasing them back into society having received little or no job training, drug treatment, or education. Many are unable to find jobs and are barred by law from living in public housing projects, so they quickly return to crime. This pattern is a major factor in recidivism rates which have barely changed in over twenty years. (The Justice Department’s Bureau of Justice Statistics.) There are many promising therapeutic programs that, if properly and sufficiently implemented, could deal with these issues. These programs have the potential to help maintain control of and improve the safety in prisons, reduce recidivism rates, and help inmates address a range of problems that can affect their ability to become productive members of society. Almost 6.6 million men and women made up the correctiona... Free Essays on Crime A crime is a wrong involving the violation of the peace and dignity of the state. In theory, it is committed against the interest of all of the people of the sate. Accordingly, the prosecutor in the name of the state, people, or commonwealth prosecutes crimes. A person who commits crime must not be punished. We must adopt a therapeutic attitude towards crime. People who commit crime must be cared for so that their willingness and behavior be treated. All too often many people view the study of deviance and criminology synonymously. Though the two are related they are not the same. Yes, those who commit crime are considered deviant by those who do not commit crimes, Yet the members of any given â€Å" criminal† subculture (ie: Gangs, organized crime) do not necessarily consider themselves deviant, rather it is their way of life, just as the law-abiding citizens consider their own behavior to be just and normal. Whether or not a criminal is considered a deviant is a matter of perspective. To the criminal, committing the crimes is usually seen as a normal whereas this type of activity is considered deviant to the non-criminal. Taking this one step further, Emile Durkheim, though not condoning criminal behavior, explained how crime is normal in society and actually serves many functions. This too is deviant behavior in general. However, the study of deviant behavior is far more than an analysis of crime and criminals. All humans are, or have been deviant is someway, whether or not has committed a societal- defined crime, we all will continue to be considered deviant by others so long as we live on Earth. As with criminal behavior, the nature of deviant behavior is a matter of perspective In order for us to function as a society crime must occur but at the same time we all must work to keep it down for our own safety. Crime prevention is defined not by intentions or methods, but by results. There is scientific evidence, for example, th... Free Essays on Crime How does Class, state ,and social controls within a capitalistic society lead to increase crime due to the criminal laws and criminal justice system imposed on the lower middle class. Social conflict theory is the only one out of the vast number of criminology theories that deals directly with this problem. From out of it’s Marxist roots arose a theory which challenges the way in which today’s society views it’s legal system and the implications it has on it’s working class citizens. The nature and purpose of social conflict theories is to examine the social controls made by the ruling class and imposed on the rest of society. Some theorists say that class order has nothing to do with crime rates in society, but Richard Quinney have made great strides in proving that social class has a direct correlation with crime due to the social controls of a capitalist government. Social conflict theory focuses on why governments make and enforce rules of law and mora lity then why an individual violates the law. Conflict theorists do not view those who commit deviant behavior as rebels who can’t conform to social norms, they show how criminal law is used as a mechanism for social change. Conflict theory flourished during the widespread social and political changes of the 1960's, because it challenged the legitimacy of the government’s creation and implication of laws designed to keep the middle- class down. Social Conflict Theory came out of the Marxist thought. â€Å"Marx believed that the character of every civilization is determined by its mode of production the way its people develop and produce material goods.†( Senna, pg 226) This concept has two main components: productive forces and productive relationships. Productive forces include things such as technology, energy sources, and material resources. Productive relationships are relationships between the people producing the goods and services. The most important rela tionship in ... Free Essays on Crime TMA7 X3112220 When attempting to explain the question of what is crime? Two predominate theories emerge, that of a structural explanation and that of an agency. These theories form one of the fundamental debates in Social Science and each offers its own perspective on how free individuals are to act as they chose with out social intervention. As such in this essay I intend to illustrate the key points of each explanation and in turn highlight key methods of evidence used to support them. Those who would describe crime with the foundation on social structures, focus on the collective influences, which drive individuals to behave or conform in certain manners. These structures can vary from an individual’s family background and genetics to their cultural surroundings and beliefs. Even with in this one branch of explanation there may be several contrasting opinions. However, essentially they all believe that â€Å"it is possible to identify structures, constraining and determining forces which are beyond the control of individuals or groups, and that these structures dispose us to behave in certain ways.† (Introductory Chapter, 2004, p28). This explanation can then be used to explain crime with the notion that people can be influenced into crime by structures, which exist around them. For example one structure, which could be considered to pressure people into crime, is the family structure. Social Psychologist David Farrington has conducted in-depth research into the way that â€Å"pathological or problem families can transmit criminal carers within them.† (Farrington, D, 1994, p31). His claims put focus on the concept that families are able to pass criminal careers through generations and that children can from an early age display behaviour, which can predict a future criminal lifestyle. Before these claims can be considered a reasonable explanation there must be supporting fact and evidence to maintain them. With out the ...