It is well established that a judge, as part Essay Example

It is well established that a judge, as part Essay It is good established that a justice, as portion of his built-in power and overruling responsibility in every instance to guarantee that the accused receives a just test, ever has a discretion to except otherwise admissible prosecution grounds if, in his sentiment, its damaging consequence on the heads of the jury outweighs its true probatory value. The PACE 1984, s. 78 ( 1 ) , provides that in any condemnable proceedings the tribunal may decline to let grounds on which the prosecution propose to trust to be given, if it appears to the tribunal that, holding respect to all the fortunes, including the fortunes in which the grounds was obtained, the admittance of the grounds would hold such an inauspicious consequence on the equity of the proceedings that the tribunal ought non to acknowledge it. The Issue refering A’s state of affairs is whether the fortunes in which the grounds obtained via the covert recordings are admissible. The lone valid statement that can be raised by A in this case is if he can demo entrapment. Although entrapment is non a substantial defense mechanism in English Law, where an accused can demo entrapment, the tribunal may remain the proceedings as an maltreatment of the court’s procedure or it may except grounds pursuant to s.78. Entrapment can otherwise be described as state-created offense. A inquiry is whether the imposts officers did no more than show A with an run-of-the-mill chance to perpetrate a offense. Whether a imposts officer can be said to hold caused the committee of the offense, instead than simply supplying an chance for the accused to perpetrate it, will normally be a most of import factor, but non needfully decisive. Ultimately, the overall consideration will be whether the behavior of the officers were so earnestly im proper as to convey the disposal of justness into discredit. We will write a custom essay sample on It is well established that a judge, as part specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on It is well established that a judge, as part specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on It is well established that a judge, as part specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The test justice would hold regard to all the fortunes of the instance. The tribunal will besides hold respect as to whether imposts acted in good religion. Having sensible evidences for intuition is one manner good religion may be established. The rule is that governments such as imposts should forestall and observe offense, non make it. The demand for sensible intuition and proper supervising are both stressed in the clandestine operations codification of pattern. In the instance refering A, it is hard to place any case where the imposts officers may be said to hold overstepped their boundary. There is no issue of them bring oning A to perpetrate the offense or suggestions that any active function was played by the imposts officers to illicit the telephone grounds from A. The covert recording was supervised and recorded, and D’s admittances were sufficient for them to hold sensible intuitions. In the fortunes, it is highly improbable that the test justice will govern to rema in the proceedings or that the grounds will be excluded under s.78. ( 2 ) Defendants tell lies for a figure of grounds, non all of which signify guilt. This is a factual issue and should be left in the custodies of the jury. However, appropriate waies are required in some cases to guarantee equity. In order to steer juries in their attack to the affair of prevarications told by the accused, the justice is obliged in many instances to present a particular waies, known asLucas[ 1 ]Direction. This way is intended to warn juries against leaping excessively readily to the decision that any prevarications told by the suspect can be equated with guilt. There is a profuse instance jurisprudence, which induced Judge LJ inR v Middleton[ 2001 ] Crim LR 251, to state that instead than trawling through the hosts of instances and erudite commentaries, it is best for the tribunal to analyze whether a warning needs to be given in the context of each single instance. As test justice, the chief inquiry that arises is whether it is really necessary for him/her to present a Lucas way? The justice has to cover with this in entries made by the prosecution that purpose to profess that prevarications told by B is grounds of his guilt. In peculiar it was identified inBurge [ 1996 ] Cr App R 163, that amongst other things, a Lucas way is necessary where the prosecution is seeking to demo that something said by the suspect, in relation to a separate and distinguishable issue was a prevarication, and the prosecution relies on the prevarication as grounds of guilt in relation to the charge laid against the suspect. This being indistinguishable to B’s instance, a Lucas way will be required by the justice. In that instance, the jury will necessitate to be given counsel on how to near the prevarications told by the accused. In instances where a Lucas way is requiredJSB Specimen Direction No27edicts that the justice must foremost state the jury that before they proceed farther, they must make up ones mind whether they are certain that the suspect really told the relevant prevarication. In this instance, B is non challenging that he told the prevarication, he disputes that the prevarication was grounds of his guilt. The justice must so travel on to direct that if the jury are certain that B lied intentionally, they must so following ask themselves why the suspect lied. Peoples lie for all sorts of grounds, some are absolutely innocent-for case to bolster a true defense mechanism, to protect person, out of terror or confusion, or to hide some scandalous behavior other than committee of the offense charged. The justice would so mention to whatever account the accused has advanced to explicate why he lied. Then, the justice will state the jury that merely if they are certain that the suspect did non lie for an guiltless ground may they handle the prevarication as grounds back uping the prosecution instance. ( 3 ) Confessions constitute an exclusion to the rumor regulation. Sometimes they can nevertheless turn out undependable and unfortunately, even lead to abortions of justness. The beginning of a confession’s undependability may lie in the methods used to pull out it: if obtained by coercion, which can cover signifiers of force per unit area every bit varied as anguish at one extreme to far more elusive agencies of incentive presented to the suspect at the other, there is a field hazard that the confession may turn out untrue ; and this is rather hazard that the confession may turn out untrue ; and this is rather apart from any farther consideration that, as a affair of policy, the jurisprudence can non merely be seen to hold any truck with confessions obtained particularly oblique or overreaching methods. In position of such considerations, a figure of legal demands, both procedural and evidentiary, have been introduced with a position to cut downing the hazards of abortions of justness provoked by undependable confessional grounds. In add-on to commissariats such as these, nevertheless, tight limitations have been imposed on the conditions under which grounds of a confession may be admitted in a condemnable test. In peculiar, the prosecution may be required to turn out that a confession it wishes to abduce was non obtained in a mode that might project uncertainty on its dependability. S. 82 ( 1 ) PACE defines a confession and trades with the regulations environing it. A figure of regulations, statutory and common jurisprudence regulate the admissibility of confessions. C, holding raised entries contending the admissibility of his confession, it will now be for the test justice to make up ones mind admissibility. S 76 ( 2 ) PACE lays down that a tribunal must except a confession if the prosecution fails to turn out beyond sensible uncertainty that it has non been obtained as a effect of things that were said to C which render his confession undependable. In this instance, things said to C about his in-migration position could arguably render a confession undependable. No improperness needs to be shown on the portion of the imposts officer. S 76 ( 2 ) requires the tribunal, in making its determination to ignore the fact that it may be known that the confession was really true. Farquharson LJ noted inMcGovern ( 1990 ) 92 Cr App R 228,that the fact that the confession was in substance true is expressly excluded by the Act as being a relevant factorâ⠂¬â„¢ . The responsibility of the test justice in make up ones minding admissibility in C’s instance will foremost be designation of everything said and done, so, looking at what was said against the background fortunes, and inquiring whether that was likely to render any confession by C undependable. The tribunal should make up ones mind whether the Crown has proven beyond sensible uncertainty that the confession had non been made as a consequence of things said or done. Even where a confession does non conflict s 76 of PACE, the tribunal to boot has a discretion to except it under s 78 if it appears to the tribunal, that holding respect to all the fortunes in which the grounds was obtained, the admittance of the grounds would hold such an inauspicious consequence on the equity of the proceedings that the tribunal ought non to acknowledge it’ . ( 4 ) A strong statement for pulling inauspicious illation from silence occurs where the accused withholds his defense mechanism under question but presents it at test when it may be excessively late for it to be countered. S 34 of the Criminal Justice and Public Order Act 1994, provides that illations can be drawn from a suspect unreasonably neglecting to advert facts upon which he later relies in his defense mechanism. The properness of pulling these illations is dependent on whether, in the fortunes bing at the clip, the suspect could moderately hold been expected to hold mentioned peculiar facts when questioned, charged or informed that he might be prosecuted. The drawing of an illation under s 34 is conditional upon the suspect holding antecedently been afforded an chance to take legal advice. The test justice may find that it is unfastened to the jury to pull an illation, in which instance the jury must be carefully instructed on how to near the inquiry, to deduce or non to deduce. The justice will necessitate to give the jury counsel on what fortunes bing at the clip’ must be taken into history. This may include the extent to which the constabulary have disclosed information to the suspect to reference at interview and whether A’s silence was prompted by legal advice by his canvasser. In relation to the latter, the tribunals have repeatedly held that a suspect will constantly necessitate to make more than simply assert that he was moving on legal advice in order to avoid the jury’s being invited to see pulling an inauspicious illation. Therefore, in order to forestall the tribunal from pulling inauspicious illations , A will necessitate to province the footing or the ground for the advice. The suspect might wish to name his canvasser to attest as to why he gave this advice. The prosecution will wish to look into whether the advice was prompted merely by tactical considerations-in which instance the drawing of an inauspicious illation will still be justified. In A’s instance the inquiry for the justice is whether the advice given to A by his canvasser is such that was so necessary that he couldn’t put frontward his account so which he now seeks to trust. ( 5 ) Whether or non the jury rely on D’s unsupported grounds is a factual affair and that is wholly a affair for them to make up ones mind based on all the other back uping grounds that have been presented to them. The test justice will be able to explicate to the jury to look at the grounds as a whole in his account on application of the jurisprudence. Whether or non the justice decides to give a particular warning is wholly at his discretion depending on content and mode of D’s grounds and the issues raised. Basically the inquiry is whether he is a dependable informant? Mirfield,Silence, Confessions and Improperly Obtained Evidence: ( 1997 ) Oxford Publishing Press Munday, Inferences from silence and European Human Rights Law [ 1996 ] Crim LR 370 Munday R,Evidence, Butterworths 2001 Murray P,Blackstone’s Criminal Practice 2004, Oxford Publishing Press 1,998 WORDS

The factor influence on on-line purchase behaviour Essay

The factor influence on on-line purchase behaviour Essay The factor influence on on Factors Influencing the On-line Purchase Behavior Factors Influencing the On-line Purchase Behavior Owing to its launch in 1993, internet is still regarded as a comparatively new means of communication in the modern world and therefore researchers are still busy in understanding the factors which influence the online buying behavior of consumers. This report reviews different research works carried out in the recent past on the same subject of understanding the factors influencing the online buying behavior. Adapting the theory of user information satisfaction and consumer purchase behavior, Park and Kim (2003) studied the behavior of consumers in the context of online purchasing. The study was conducted by selecting three online stores selling books in Korea which had the highest sales revenue generation through online stores and had similar policies and attributes. The researchers requested the members of the selected online stores to answer a questionnaire. The study found that the information (i.e. quality of online interfacing, service information and products’ information) available about the products and other relational benefits are key factors in influencing the purchase behavior of consumers (Park and Kim 2003). Realizing the importance of analyzing and identifying the factors which influence consumers to make purchases through the internet, Hasslinger, Hodzic and Opazo (2007) aimed their research work to find out the main factors which are taken into account by the consumers when they shop online, particularly while purchasing books. The research work was an exploratory study and was based on a survey questionnaire targeted at the students of the Kristianstad University. After analyzing the responses obtained, the researchers concluded that there were three major factors which influenced most the buying behavior of students through online sources; the factors identified were â€Å"price†, â€Å"trust† and â€Å"convenience†, which are presented here in the order of their preference (Hasslinger, Hodzic and Opazo 2007). Similarly, Laohapensang (2009) explored the influential factors in relation online purchasing by considering the theiry of planned behavior. The study focused on surveying the 400 graduate students selected from 4 universities in Thailand. In the context of the theory of planned behavior the author aimed at determining the behavior of the onlines consumers in Thailand. The findings of the study revealed that the comparative difficulty in shopping online is the major influential factor among the consumers in Thailand (Laohapensang 2009). In another research work, Chang and Chou (2011) focused on examining the factors influencing the online consumers’ behavior while considering the relationship between two different situations, i.e. when consumers voluntarily prefer using online shopping and when consumers have no other option but to choose online shopping. The results of the study revealed that the satisfaction of online shoppers does not serve as a significant factor in keeping them to continue shopping through online medium; in fact, the â€Å"strategic retention programs† are expected to attract and retain customers who are shopping online (Chang and Chou 2011). In a recent â€Å"International Conference on Management, Behavioral Sciences and Economics Issues†, Al-Mowalad and Putit presented a study conducted with the aim of developing an understanding as to the factors which affect online shopping behavior of Saudi consumers. The study followed an exploratory approach and required selected online consumers to respond to a questionnaire by stating the key reasons, which influenced them to shop online. The researchers found that â€Å"trust†, â€Å"usefulness† and â€Å"ease of use† were the key influencing factors among Saudi online consumers (Al-Mowalad and Putit 2012). These findings have revealed that there are different factors, which influence the buying behavior of online shoppers. However, trust, ease of use and information availability is found to be the most common factors among the consumers. List of References Al-Mowalad, A. and Putit, L., 2012. Factors that Influence Saudi Consumers Behavior to Make Online Purchase. In International Conference on Management, Behavioral Sciences and Economics Issues. Penang, 2012. Chang, S.-C. and Chou, C.-M., 2011. Factors affecting users online shopping behavior: Integrating the constraint-based and dedication-based relationship perspectives. African Journal of Business Management, 5(2), pp.370-82. Hasslinger, A., Hodzic, S. and Opazo, C., 2007. Consumer Behavior in Online Shopping. Kristianstad University, Department of Business Studies. Laohapensang, O., 2009. Factors influencing internet shopping behaviour: a survey of consumers in Thailand. Journal of Fashion Marketing and Management, 13(4), pp.501-13. Park, C.-H. and Kim, Y.-G., 2003. Identifying key factors affecting consumer purchase behavior in an online shopping context. International Journal of Retail & Distribution Management, 31(1), pp.16-29.

William Oughtred and the History of the Slide Rule

William Oughtred and the History of the Slide Rule Before we had calculators we had slide rules. The circular (1632) and rectangular (1620) slide rules were invented by an Episcopalian minister and mathematician William Oughtred. History of the Slide Rule A calculating tool, the invention of the slide rule was made possible by John Napiers invention of logarithms, and Edmund Gunters invention of logarithmic scales, which slide rules are based upon. Logarithms Logarithms made it possible to perform multiplications and divisions by addition and subtraction, according to The Museum of HP Calculators. Mathematicians had to look up two logs, add them together and then look for the number whose log was the sum. Edmund Gunter reduced the labor by drawing a number line in which the positions of numbers were proportional to their logs. William Oughtred simplified things further with the slide rule by taking the two Gunters lines and sliding them relative to each other thus eliminating the dividers. William Oughtred William Oughtred made the first slide rule by inscribing logarithms on wood or ivory. Before the invention of the pocket or handheld calculator, the slide rule was a popular tool for calculations. The use of slide rules continued until about 1974, after which electronic calculators became more popular. Later Slide Rules Several inventors improved upon William Oughtreds slide rule. 1677 - Henry Coggeshall invented a 2-foot folding slide rule for lumber measure, called the Coggeshall slide rule.1815 - Peter Mark Roget invented the log slide rule, which included a scale displaying the logarithm of the logarithm.1859 - French artillery lieutenant Amà ©dà ©e Mannheim invented an improved slide rule.1891 - Edwin Thacher introduced a cylindrical slide rule in the United States.The duplex rule was invented by William Cox in 1891.

Money Laundering Term Paper Example | Topics and Well Written Essays - 1750 words

Money Laundering - Term Paper Example disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from serious crime. In simpler words, Hopton (1) defines money laundering as that process in which the criminals conceal the origins of their possessions and the ownership of their proceedings of criminal activities. Their whole objective behind doing so is to maintain control over their illegal possessions (income, wealth or property) by covering them unlawfully. Hence, we can understand money laundering as a process by which dirty money is shown as clean money. The money needs not to be intangible form. Instead, modern day money laundering includes all such transactions of relationships that involve any kind of tangible or intangible wealth or possession that has been gained through criminal activities. Literature Review Alldridge (437-463) studied the imperatives that the money laundering panic of 1990s generated with the arrival of globalization. He states in his researc h that, â€Å"If there is to be an attempt legally to regulate laundering, it (laundering) must be a relatively serious offence, and consequently the anticipated harm must be something other than complicity†, which means that money laundering should be considered as a serious threat at an international level thus uniting all nations to make combined efforts to stop it. This will help homogenize the criminal justice system worldwide. Shneider and Windischbauer (387-404) have quantified and estimated the volume of money laundering activities in their research. According to them, â€Å"The overall turnover in organized crime for example had a value of 800 billion USD in 2001 and increased to 1.700 billion USD in 2007.† These statistics show how great the turnover of money laundering in the modern world is. Article no. 22 of Pursuant to the Law on prevention of money laundering (Ministry of Finance) states how the law for the prevention of money laundering is to be impleme nted. According to it, the Law on Prevention of Money Laundering is to be implemented to make sure that money laundering does not take place at all. Article 2 of the Federal Act on Combating Money Laundering and Terrorist Financing in the Financial Sector, also called as Anti-Money Laundering Act (AMLA), defines the financial intermediaries that are at vulnerable end in money laundering business (Federal Authorities of the Swiss Confederation). These include banks, fund managers, investment companies, insurance institutions, security dealers, casinos, and persons who carry out credit transactions and provide their services for payment transactions. Stages of Money Laundering There are three stages of money laundering. Placement The first stage of the washing cycle of money laundering is placement. Being a cash-intensive business, large cash is generated from illegal activities which is then placed in the economic structure or is smuggled out of the country, so that the location of a cquisition of that cash can be covered (Levy 2-5). In this way, the authorities cannot figure out the location. The cash acquired is also converted into other forms like postal orders. Layering The first step in the layering phase is the concealment of the source of ownership of funds by way of creating such complicated layers of transactions that aim at impersonating the audit trail by providing

Warehousing and Inventory Management Essay Example | Topics and Well Written Essays - 3000 words

Warehousing and Inventory Management - Essay Example In order to achieve these competencies we are discussing the various aspects of warehouse space utilization and layout plans. There are several plans of layout, which has been discussed, and each has its own advantages and drawbacks. If the warehouses are used efficiently and effectively, it improves the effectiveness of whole supply chain. As we know that we are moving through communication revolution, better use of information and communication technology improves the warehouse operations management. While discussing the case study of Seven-Eleven Japan we observed that how use of information and communication technologies have improved the warehousing operations of the organization as a whole and have the potential to proved benefit to the customers. Through use of information and communication technology, objectives of the warehouse manager to provide goods and services to its customers timely and efficiently will be fulfilled. We had also evaluated the traditional and modern inv entory management practices and found that modern practices like JIT have outnumbered the traditional inventory management systems like re-order or economic order quantity on various parameters. Storage is the 1. Warehouse space and layout: Storage is the physical hording of inventories awaiting transport to customers. The current emphasis is on the movement of inventories. According to Layson (2000), there are a number of important issues to be considered: Acknowledgement that reducing ware housing and storage costs is essential; Automated stores and computerized system make it possible to better manage these facilities; Trade-off between higher customer service levels, low inventory and low operating costs need to be balanced; Changes in business practices through the implementation of just-in-time (JIT) and Kanban concepts; Better logistics systems; Time-compression, reducing time consumed in business processes, Elimination of non-value-added time. In the process of warehouse layouts and space, organizations primarily focus on The space required and cost for each category of stock, Whether to centralize or decentralize the stores Physical characteristics of the stores at each location e.g. size, weight, shape, perishable, hazardous Flows of material and handling equipment required Goods received into store, quantities, volumes, frequencies, packing, delivery vehicles, handling requirements, documentation and inspection Foods outwards-quantities, volumes, frequencies packing, delivery vehicles, handling requirements, documenting & packaging; Inventory policies e.g. JIT buffer sticks, stock pilling Security, safety, administrative system, and personnel. To fulfill these above-mentioned conditions, warehouse space and layout planning must have following objectives in mind: Utilizing space efficiently within the building cube Create rapid and easy access to stock and stock movements Achieve efficient and balanced traffic flows Mechanized and automated stores operations

Raising Achievement of Ethnic Minority Children Essay Example for Free

Raising Achievement of Ethnic Minority Children Essay This literature review would explore the barriers in raising educational achievements of ethnic minority students. As this is a broad area of concern the literature would examine two main barriers such as social background issues and English as Additional Language (EAL) while briefly looking at other barriers such as†¦ Statistical data collected from the Pupil Level Annual School Census (PLASC) 2002 would be analysed in respect to this group social economic status and its effect on their learning. The literature would outline the significance of raising achievement, particularly ICT teacher’s responsibility. This report would identify some strategies/solutions including pedagogical approaches to raising achievement which would be supported by research. The overall findings would illustrate why ethnic minority children underperform academically than their counterparts in school. INTRODUCTION It is important to recognise that ethnic minority pupils may fall into the category of low class low achievement. (Battle and Lewis 2010 pg35) said â€Å"a person’s education is closed linked to their life chances, income and wellbeing† it’s therefore, fair to say that ethnic minority communities are most likely to underachievement than others because of their socio-economic conditions. Language in education has long been the subject of attention by educationists at all levels. Initially as concerning the problem of teaching English to children for whom it is not a first language, The Swann Report 1985 pg385 Other drawbacks to raising achievement are institutional racism, lack of motivation, lack of suitable challenge, the appropriateness of activities and tasks, a mix-match of expectations, a perceived irrelevance of the activities and tasks. National Education Authority claim to be â€Å"raising achievement to higher levels and closing student achievement gaps are priorities in schools and communities at all economic levels and in urban, rural, and suburban settings†. (http://www.nea. org/home/17413. htm. Accessed 02/11/12) What is Raising Achievement? According to (DfES 0013-2006. Pg. 6) (Excel and enjoy) raising achievement means a â€Å"tailored education for every child and young person, that gives them strength in the basics, stretches their aspirations, and builds their life chances. It will create opportunity for every child, regardless of their background†. Teachers have a committed liability to enable all learners to attain and achieve their full potential, whether they are SEN (Special Education Needs), EAL (English as an Additional Language) or ethnic minority student. What is Ethnic Minority? The ethnic minorities in the UK, 50% are Asian or Asian British (Indian, Pakistani etc. ), 25% are Black or Black British (Black African, Black Caribbean etc. ), 15% are Mixed Race, 5% are Chinese and 5% are of other ethnic backgrounds. (http://www. historylearningsite. co. uk/ethnic_minorities_education. htm. Accessed 02/11/12) Cabinet Office defined it as â€Å"Ethnicity refers to cultural heritage (thus the term ethnic minorities can also be used to include White ‘ethnic’ minority groups in Britain, such as the Irish or people from other European countries). However, the systematic historical and continuing pattern of disadvantage for Black and Asian groups singles them out for special consideration†. (webarchive. gov. uk. Accessed 02/11/12). Barriers to Raising achievement Socio-Economic Backgrounds: Socio class can cause inequality in class which could in turn influence the achievement in children; (C. Stephen pg. 269) Social scientists have recognised the importance of an individual’s family socio economic status (SES) has an influence on the academic achievement of children since the mid-1960s. It could cause low their self-confidence and self-esteem â€Å"ethnic minorities may have special issues related to self-esteem. Because of prejudice, minority members are likely to see a negative image of themselves† ( DeLamater. J Myers. D pg. 88). (http://www. historylearningsite. co. uk/ethnic_minorities_education. htm) â€Å"Ethnic backgrounds that are less successful in education is because they have a higher percentage of pupils from working class backgrounds. Also the lower a childs class position, the lower their income. Bangladeshi, Pakistani and Black pupils are more likely to be raised in low income families. This can affect how well they do in school because lack of funds means lack of school equipment, less favourable working conditions e. g. cold house, no desk etc. This inequity could lead to poor or erratic attendance which was cited as a contributory factor to poor attainment in several schools. Table1 the Pupil Level Annual School Census (PLASC) 2002 illustrates the impact of socio-economic disadvantage by comparing relative GCSE performance for pupils who are eligible for free school meals. This shows that pupils from lower socio-economic groups tend to achieve less good results than those from higher socio-economic groups and that this difference is particularly large for white pupils. (Aiming High Raising the Achievement of Minority Ethnic Pupils) Table2: The pupil level annual school census (PLASC) 2002 characteristics: Proportion achieving 5+ A*-C GCSEs for those entered for GCSEs in Maintained Schools in 2002 Note: these charts are based on data collected as part of the 2002 Pupil Level Annual Schools Census. From 2003, data will be based on an updated set of categories including mixed heritage, Gypsy/Roma and Travellers of Irish heritage which are listed at annex A. (Aiming High Raising the Achievement of Minority Ethnic Pupils) Discrimination on grounds such as race will affect effective learning fundamentally in most cases, which is linked to disparities in school. Some schools are institutionally racist, says Oftseds Director of Inspections, Jim Rose to the annoyance of teachers unions. Mr Rose said Much of that [racism], we think, is to do with unwitting stereotyping of youngsters and the lack of expectation or lowered expectation of teachers as a result of that sometimes (http://news. bbc. co. uk/1/hi/education/294078. stm)†. With the fact that their â€Å"ethnicity influences their class and their class influences their attitude†, there is concern about the aspirations of underprivileged children â€Å"socio-economic barriers may hinder aspiration formation for these children because of lack of mentors, opportunities, and resources and also doubt their ability to attain in learning† (http://www.learningbenefits. net/Publications/ResReps/ResRep27. pdf pg3). The majority of schools are engaged in a wide variety of initiatives to improve provision and raise the attainment of all pupils. However, few schools monitor these activities systematically and rarely do they have a specific ethnic focus. (Raising_the_attainment_of_minority_ethnic_pupils_school_and_LEA_responsespg7). Strategies to raising achievement of Socio-economic barrier: Having realistic expectations of the educational achievement of children of lower socioeconomic groups will make them feel they can achieve their potential. â€Å"Expectations are also shaped by teacher and student perceptions of the reasons for successes and failures. A low ability student, who views failures as lack of ability and successes as luck, will lose his motivation, feeling that there is little he can change to improve his learning†. (Rose Miller 2001) As evidenced earlier pupils from ethnic minority group have low self –esteem therefore, it is crucial for teachers to encourage the child or young person to find their own preferred style and rhythm of learning so they are motivated to pursue their learning process, making them have ownership of their own learning and work. To help raise achievement teachers and leaders should monitor and track achievement, encourage and support the child to maximize their potential be aspirational for them. â€Å"Parents with fewer financial resources tend to hold lower aspirations for their children, and young people from socially disadvantaged backgrounds tend to have lower aspirations than their more advantaged peers (Schoon, 2006). Promoting a culturally friendly environments and establishing classroom ethos of respect with a clear approach to racism and bad behaviour â€Å"modelling and promoting values, attitudes and behaviour supportive of race equality in class would explore and target underachievement to raise attainment†. (excellentandenjoymentlearning pg23). Strategically choosing students to work in groups, peer assessment where they can see others work which could help them shape their own work and attain a better grade. However, teachers need to provide students with a stress free learning environment so they can feel included . (EVIDENCE OF WHY THEY NEED STRESS FREE ENVIRON,ENT) The revised National Curriculum includes a statutory inclusion statement setting out how teachers can ensure the curriculum is accessible to all pupils which would certainly help raise attainment for also ethnic minority students . It states that teachers must follow three principles for inclusion: setting suitable learning challenges; responding to pupils’ diverse learning needs; and overcoming potential barriers to learning and assessment for individuals and groups of pupils. (cabinet office pg14). NALDIC (National Association for Language Development in the Curriculum), states that we should therefore ensure access to and progress through the curriculum or subject content. (using ict for eal pg5) Also very few schools review their curricular and pastoral strategies to ensure that they are sensitive to the ethnic groups in the student population and the wider community. In those instances where schools have done this as a result of concerns about a particular minority ethnic group, positive outcomes have resulted. (Raising_the_attainment_of_minority_ethnic_pupils_school_and_LEA_responsespg7) Schools working effectively with pupils in low attaining groups were not found to adopt specific approaches for particular groups of pupils such as minority ethnic groups, but instead personalised the curriculum, pedagogy and assessment such that pupils in any group could benefit. (Effective Teaching and Learning for Pupils in Low Attaining Group). Self- assessment and appropriate target setting according to individual learning styles would help them to build identities as successful learners. The new Teachers Standards (DfE, 2011) would enable this strategy to work perfectly as teachers have to Adapt teaching to respond to the strengths and needs of all pupils†¦evaluate distinctive teaching approaches to engage and support them. (Standard 5 The QTS Standards: DFES ‘Qualifying to Teach’(2002) In additional, as â€Å"they are much more likely than their peers of a higher socioeconomic environment to have a poor attendance, leave school earlier and with fewer qualifications, and are at far greater risk of being excluded from school. † http://education-landscapes. eu/pdf/learning_barriers. pdf . Teachers recognise strengths and improvements praising their effort would encourage children participation. Using positive words (‘I’ve seen a spark in you) and encourage this group would make them feel motivated, believe in themselves and appreciated to want to attend school (promoting attendance) regardless of any socio-economic worries. Attending â€Å"parents evenings and other less formal school functions can help understand difficulties and help to remove any barriers† http://education-landscapes. eu/pdf/learning_barriers. pdf. This could help build parent teacher relationship and both parties could devise ways to help raise the achievement and eliminate barriers affecting this young person’s learning. ? Respect frustration and encourage a positive approach to setbacks. http://education-landscapes. eu/pdf/learning_barriers. pdf. English as an Additional Language (EAL) barrier on Ethnic Minority: EAL learners will be affected by attitudes towards them, their culture, language, religion, and ethnicity http://www.mkweb. co. uk/emass/documents/Website_EAL_Artwork. pdf. The proportions of pupils with English as an additional language are from ethic minority background groups about five per cent (Black Caribbean pupils) to over 90 per cent (those from Bangladeshi backgrounds). Approximately 9. 3% (over 632,000) of all pupils in schools in England are recorded as having English as an additional language (EAL) according to Statistics of Education 2002(aiminghighraisingachievent pg28). These speech patterns are argued to be consistent with many low income families which are inadequate to meet the demands of the education system. These patterns directly contribute to educational failure as students cannot always understand elaborated speech which teachers use and teachers often misunderstand students who use the restricted speech. As a result there is a breakdown in communication between teachers and pupils. http://www. historylearningsite. co. uk/ethnic_minorities_education. htm. This is a major barrier to achievement as English is not their first language and cannot communicate effectively in lesson, with peers and content of the curriculum it is helpful for the to access prior knowledge so they have a fair understanding before the next lesson â€Å"Language learners need access to the subject curriculum while they are learning English†. EAL students learning is NOT a learning difficulty, learners should not be placed in groups or sets for ‘slow learners’–they need good peer models of subject specific talk and writing. Teacher expectations are powerful determiners of student success. Teachers should reflect high expectations in the ambitious targets set for these children. Bilingual learners need to make more progress each year than their peers in order to catch up (Collier, 1995) –their efforts need to be acknowledged and appreciated, to build their self-image and self-esteem as successful learners. (Making the Difference Teaching and learning strategies in multi-ethnic schools) Solution/Approaches: (Bourne, 1998 and others) Reforming the mainstream to be more language aware is not only good for bilingual learners, but benefits ALL students (Making the Difference Teaching and learning strategies in multi-ethnic schools). Education authorities have recognised the fact that student with EAL will struggle to reach their potential and has incorporate into the new Teachers Standards, saying that â€Å"all teachers and trainee teachers will benefit from an understanding and recognition of EAL as a significant field of teaching and learning. (http://www. naldic. org. uk/eal-teaching-and-learning/outline-guidance/pedagogy.) It is important to recognise that children learning EAL are as able as any other children, and the learning experiences planned for them should be no less cognitively challenging â€Å"High challenge can be maintained through the provision of contextual and linguistic support and raise attainment. (ExcellenceandEnjoyment:learningandteachingintheprimaryyears,Creatingalearningculture:Classroomcommunity,collaborativeandpersonalisedlearning(DfES 0522-2004 G) However, Schools and colleges will need therefore to provide both physical and virtual learning environments that motivate and support the EAL learner’s distinctive needs. Raising achievement of ethnic minorities students with low attainment and EAL by developing appropriate resources across the curriculum; make effective use of displays boards to support their learning and develop their knowledge of the linguistic, cultural backgrounds. (excellentandenjoymentlearning pg32) It is a legal requirement for literacy to be included into lesson; literacy is fundamental to good learning and achievement. It must therefore be a top priority for teachers consider how subject specific vocabulary like writing out keywords on white board, spelling and pronouncing words correctly which would help improve their English language â€Å"grammar should be introduced, modelled, extended and supported through the teaching of subject content to enhance literacy† (ExcellenceandEnjoymentlearningandteachingforbilingualchildrenintheprimaryyears). Organise small groups for computer-based activities that enable early stage learners to work with other first language speakers and to hear good models of English. â€Å"Establishing layered curriculum targets as a context for language development. Speaking and listening: guided sessions for language development. † (Effective Teaching and Learning for Pupils in Low Attaining Group). Using ICT to raise achievement of Ethnic Minority pupils with EAL. ICT has a vital role to play in providing the appropriate resources and technology for both learners and teachers. Using ICT to support EAL students presents challenges for many teachers of how best to make use of these new and emerging technologies to raise the achievement of their EAL students. (Using ICT to support students who have English as an additional language) Using Creative use of ICT in the classroom can promote inclusion and reflect cultural and linguistic diversity. Multimedia Projects provide excellent opportunities for learners to work collaboratively with other first language speakers. Email, local network links, user groups and video conferencing facilities provide opportunity for learners to communicate with proficient speakers of English and also of their first language across the world. Pupils learning EAL require opportunities to draw on additional contextual support to make sense of new information and language. Content learning for pupils learning EAL can be greatly improved through the use of visual support. This can help learners to conceptualise learning tasks that are being presented to them, or in which they are engaged, even when their knowledge of the target language is limited. http://www. naldic. org. uk/eal-teaching-and-learning/outline-guidance/pedagogy OCD/Migraine/ Metal plate in head due to past injury. If *** bumps her head call carer immediately/ unhappy to come SRS/difficult to make friends/suffered bullying/kept away from other students at break times in primary school/attention seeker/ mother died due to violently attacked by father (sees father in prison) / CAMHS/ care placement/ Literacy/maths/low self esteem/limited support from home/ IEP/PEP Pedagogy approach to EAL EAL pedagogy is the set of systematic teaching approaches which have evolved from classroom based practices in conjunction with the development of knowledge through theoretical and research perspectives. These approaches meet the language and learning needs of pupils for whom English is an additional language. They can be used in a wide range of different teaching contexts. http://www. naldic. org. uk/eal-teaching-and-learning/outline-guidance/pedagogy Setting out limited number of objectives criteria describe what the outcomes will look like when they are achieved; and actions linked to the target objectives to identify what has to be achieved by the end of lesson is said to raise success of learners whose second language is English (excellentandenjoymentlearning pg23). Personalisation is the key to tackling the persistent achievement gaps between different social and ethnic groups. It means a tailored education for every child and young person, that gives them strength in the basics, stretches their aspirations and builds their life chances. Higher standards, better schools for all (HMSO 2006)(from-excellentandenjoymentlearning pg14) The development of EAL pedagogy has been influenced by social constructivist theories which emphasise the importance of scaffolding learning, and those which highlight the importance of socio-cultural and emotional factors. Children learning EAL will be affected by attitudes towards them, their culture, language, religion and ethnicity. (excellentandenjoymentlearning pg14) Learning of English should be distinguished into communicative skills and cognitive and academic language proficiency. Children should be paired up in group so they can become conversationally fluent in the new language by communication and collaborating with others and to catch up with monolingual peers in the development of cognitive and academic language. Activating pupils prior knowledge â€Å"Finding out what pupils know about a topic through questioning, supporting self-monitoring and using KWL (Know, Want to find out, Learned) charts, brainstorming in small groups or pairs, discovery tasks, enabling use of first language. †http://www. naldic. org. uk/eal-teaching-and-learning/outline-guidance/pedagogy. Peer and share, questioning strategies using oral feedback is also important to move learners towards the forms of language used in writing (cognitive) and linguistic development. Children learning an additional language are not just learning vocabularies, grammars and pronunciations; it helps them to learn all other language functions such as questioning, analysing, hypothesising that they need for other subjects like mathematics, science, ICT and so on. Planning lesson for a class that has EAL student.

Into the Wild: The Tragedy and Triumph of Chris Mccandless Essay

It is like a tag on a shirt that keeps bothering your tender skin, it is the reason why you rip the tag off and make your own choices while walking into the unknown land of the wilderness, striving for the adventure that has dire consequences if executed improperly. Walking the unknown land of Hades abyss might have taken the sensitive life of one man, but it was done in a blaze of glory with no regrets. This man of course is Christopher McCandless in the book, Into the Wild by Jon Krakauer, which is based on a true story. In the book, McCandless strives for the cold Alaskan journey into the wild to satisfy his final thirst for the wilderness but tragedy strikes and it ends by him losing the most valuable thing to him, his life. Chris McCandless had exceptional reasons for vacating the life he lived which are also justified; he was also was not foolish for leaving that life and the outcome of his journey was a triumph and not a tragedy. McCandless had exceptional reasons for leaving home and taking on the life of a homeless person living in the wild. McCandless wanted to experience this type of individuality and to experience the life that Henry David Thoreau once lived, however there where more reasons on why he ultimately left home and decided to live the life of a free man. In the book, McKinney explains that Chris was convinced that humans had grown into inferior people and that it was his goal to return to the natural state of being a human (74). He also continued to say that Chris was experiencing what ancient civilizations experienced and that by the end of his lifestyle he had incorporated elements of Neolithic (74). This reveals his intensions from the beginning of his state of being an ultimately the beginning of his un... ... the milky crisp mountains of Alaska, it was everything he imagined it to be. However his burgeoning haplessness ended in the tragedy of his death. Though he abated in a world of reverie, he found enough energy to say his impeccable goodbyes to his loved ones and family. McCandless like a judge in the Supreme Court of the United States was justified in the absence of attending his life with his family and was not a fool for doing so. Though his incredible journey ended in demise, it was a feat for him and all of those who loved him. To quote Henry David Thoreau , â€Å"I learned this, at least, by my experiment: that if one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.† Works Cited Krakauer, Jon. Into the Wild. United States. Villard Books, 1996. Print Into the Wild: The Tragedy and Triumph of Chris Mccandless Essay It is like a tag on a shirt that keeps bothering your tender skin, it is the reason why you rip the tag off and make your own choices while walking into the unknown land of the wilderness, striving for the adventure that has dire consequences if executed improperly. Walking the unknown land of Hades abyss might have taken the sensitive life of one man, but it was done in a blaze of glory with no regrets. This man of course is Christopher McCandless in the book, Into the Wild by Jon Krakauer, which is based on a true story. In the book, McCandless strives for the cold Alaskan journey into the wild to satisfy his final thirst for the wilderness but tragedy strikes and it ends by him losing the most valuable thing to him, his life. Chris McCandless had exceptional reasons for vacating the life he lived which are also justified; he was also was not foolish for leaving that life and the outcome of his journey was a triumph and not a tragedy. McCandless had exceptional reasons for leaving home and taking on the life of a homeless person living in the wild. McCandless wanted to experience this type of individuality and to experience the life that Henry David Thoreau once lived, however there where more reasons on why he ultimately left home and decided to live the life of a free man. In the book, McKinney explains that Chris was convinced that humans had grown into inferior people and that it was his goal to return to the natural state of being a human (74). He also continued to say that Chris was experiencing what ancient civilizations experienced and that by the end of his lifestyle he had incorporated elements of Neolithic (74). This reveals his intensions from the beginning of his state of being an ultimately the beginning of his un... ... the milky crisp mountains of Alaska, it was everything he imagined it to be. However his burgeoning haplessness ended in the tragedy of his death. Though he abated in a world of reverie, he found enough energy to say his impeccable goodbyes to his loved ones and family. McCandless like a judge in the Supreme Court of the United States was justified in the absence of attending his life with his family and was not a fool for doing so. Though his incredible journey ended in demise, it was a feat for him and all of those who loved him. To quote Henry David Thoreau , â€Å"I learned this, at least, by my experiment: that if one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.† Works Cited Krakauer, Jon. Into the Wild. United States. Villard Books, 1996. Print

ASEAN Community Essay

ASEAN, â€Å"One vision, one identity, one community† As ASEAN member, I am aware of ASEAN history. It started on August 8, 1967 with 5 countries: Indonesia, Malaysia, Philippines, Singapore and Thailand, but it turned into 10 after years of success: Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Since then, these 10 countries have been cooperating and collaborating for the benefits of the people and their country. Have you ever thought how important ASEAN is? In 2015, ASEAN COMMUNITY will be launched and I may say that it gives a productive impact on culture, education and tourism of each country member. For example, in Thailand, ASEAN brings cultural diversity. Many nationalities are now staying in Thailand for vacation, business or job, entertainment, education, trade or industry. The good thing is despite the differences, we still live in peace and harmony. Likewise, Thailand has become more open to embrace l earning about culture and language of other countries. ASEAN has a good effect on education. By means of cooperation, students and teachers will develop their skills and they have a chance to further their studies abroad. In school, students will know more about these 10 countries. Language especially English will be widely spoken by the people in ASEAN Community. We will become more globally competitive. ASEAN has a good impact on tourism. People from the southeast Asia have opportunities to travel without hassle. AFTA or Asia Free Trade Area is another good thing to promote tourism. As a result, members of ASEAN will probably enjoy shopping and travelling from one country to another and this leads to a good relationship. Finally, I am proud to be a member of ASEAN. At school I am being built up in my ability on English to be a better and more successful Thai citizen. I thank my teachers for they have done a lot and are still doing much in helping develop my abilities to be a better user of English. May it be a challenge for all students to be serious in learning the English language to become globally competitive.

The Way Employee Union Are Organized in Malaysia

INTRODUCTION In the eye of history, Malaysian industrial relations undergo some valuable changes with the expanding European capitalism through Industrial Revolution from the early sixteenth century. Various parts of what is now Malaysia came under British rule some time during the nineteenth century. Then, the emergence of Malaysian industrial relations is also associated with immigrant laborers and British colonialism. Basically, industrial relations is known as relationship between employee, labour or employment. Industrial relations is not related to the relationships between one industry to another at all. And industrial relations in the public sector yet is referring to the relationship between the government and the public sector’s employees. The employer referred to in the public sector is the government which the employee will be under the power of them. As far as Malaysian industrial relations is concerned, the term public sector refers to the public services and to statutory authorities. Therefore, the term â€Å"public sector† refer to the federal and state government services, and to the federal and state statutory and local authorities. This government has been divided into few levels which is federal government (Ministry of Human Resource), federal statutory authorities (MARA), state statutory authorities ( Jabatan Agama Islam Johor) and also the local authorities (Majlis Daerah Segamat Selatan). We can see the differences between the public sector and those in private sector. The public sector has their own uniqueness which can be seen in few perpectives regarding to the principles underlying the systems, the parties involved, the way employees’ unions are organised, the way employees are grouped and also the machineries cater for industrial relations in the public sector. First of all, the public sector seems to be unique because of the principles underlying in industrial relations. The principles underlying in both public and private sectors are different at all. In Sec 52 of IRA stated that Parts 2, 3, 4 and 6 shall not apply to any public sectors since these parts are only been applied to the private sector. The principles involved are the trade unionism, recognition, collective bargaining and dispute settlements respectively. The trade union basically is an association or combination whether for employers and the employees too. The trade union is playing oles for protect the rights of workers by doing the collective bargaining to the employers. Before that, that particular trade union have to be recognized first to ensure that the collective bargaining may be successfully been achieved. The IRA requires that the union be recognized by the employer as the proper representative of those employees; in other words: the Act makes union recognition a ne cessary prerequisite to collective bargaining. Besides, regarding the collective bargaining, it is the principal means of improving the terms and conditions of employment of employees and thereby promoting their economic welfare. In contrast, all of these things are not applied to those public sector. And the largest employer in the public sector is represented by the federal government. Even the public sector has no collective bargaining and so on those the employer, employees and their trade unions also the government will sit together. This is based on the tripartite system which has been applied to this country. This tripartite system are made up of three parties which are the employer, employee and the government. There will be discussions made between them to resolve any disputes that arise among them This means the decision does not made by unilaterally; by the management on behalf of the employer without any interference by workers and the other parties. Next, the most unique characteristic that can be seen in Malaysian industrial relation system is the party involvement in the system. As we can see, Malaysia has allocated two areas in the employment sector, which is the public sector and private sector. It is important to differentiate between these two sectors. What is mean by the public sector actually? Public sector here refers to the Public Services as well as to Statutory Authorities. Statutory Authority in the other hand means a body established, appointed or constituted by any written law, whether federal or state, including a local authority. Thus, public sector is the largest sector in which the government acts as the employer of all civil servants. In addition, trade unions in the public sector are permitted to organize unions per ministry, department, profession or activity, as well as to join federations. Employees in statutory bodies (such as ports and the Employees' Provident Fund) are only authorized to join internal trade unions, which, in turn, may join the Civil Service Federation and the national trade union centre. Employees working for the defense sector, police force or prisons do not have the right to form or join trade unions. Then, there is no employer union in public sector as the federal, state governments and local authorities are said to act as the employer. Therefore, the government doesn’t need to form any union to represent themselves. Other than public sector, Malaysian also allocated the other areas for the servant whom is not in public sector which named private sector. This private sector servant usually involved the workers whom are working under their own employers. One of the biggest examples of jobs in this sector is from the banking sector. On the top of that, these private sectors have a little immunity that allowed the employers and the employees to form their union as the medium to protect their right. In fact, the union was also established to facilitate consultation and discussion for both sides. This is also help to communicate and understand each other well and ensure a conducive working environment as well as to avoid problem occurs. Moreover, the advantage of private sector unions is that they can carry out collective bargaining to voice their demands. The third uniqueness characteristic of public sector industrial relations in Malaysia is the ways employees are organized. What means here is the particular trade union must be representing of themselves only and not representing of the others. For example, regarding on the blue collar union and white collar union. Those in blue collar union can only represent for the blue collar union and those in white collar union can only represent for the white collar union . And the most important thing here is the employee unions in the public sector are organizing along ministry or department or occupation or statutory authority lines or local authority lines. It is because they want to determine the shape and nature of the public goods and services, which the members deliver so that workers and the communities they serve can see that the union is relevant to the needs of a changing world. It is good for the interests of all workers and the people who use their services and has a vision of the future, which ensures the centrality of unions in that future. The employees cannot join the trade union and also be an executive in another trade union. According to Oxford Dictionary, the term ministry is a government department headed by a minister. This means that a minister will heads every ministry. As in Malaysia we are headed by our respectful Prime Minister Y. A. B. DATO' SRI MOHD. NAJIB BIN TUN HAJI ABDUL RAZAK which he is also the minister in Ministry of Finance. Besides, Our Deputy Prime Minister Y. A. B. TAN SRI DATO' HAJI MUHYIDDIN BIN MOHD. YASSIN also is the minister in Ministry in Education. Examples of Ministry in Malaysia are Ministry of Human Recourse, Ministry of Education, Ministry of Defense etc. Basically we have 24 of ministry after the last reshuffle in 2009. The employee unions in the public sector are organizing by ministry because they have different services to be served for the public. For example, The Ministry of Health’s role is basically to lay the policy and the direction of health services in the country also to enforce regulations and be the regulator. The Ministry of Health does not have the same service to the other ministries like the Ministry of Higher Education. Thus, employees in the Ministry of Health cannot join the trade union of the Ministry of Higher Education. The employee unions in the public sector are also organizing by department. Every ministry will have their own departments. For example in Ministry of Defence, they have development department, administration department, policy department, national service department etc. Each department been leaded by different persons. They might be in the same ministry but they have different tasks and responsibilities to carry out but still have to communicate to each other even they are not in the same department. However, if they want to form a trade union, they must form according to their department because of their different works Next is they are organizing by occupation. If they are in the same department that does not mean that, they have the same job. For example, in Ministry of Health, they have medical department and in medical department, they have another small department, which are the development of medical department, the practise of medical department, the allied health science department, the telehealth department and the nursing department. The practise of medical department, which are the doctors, and the nursing department, which are the nurses, cannot forming the same trade union. The doctors will form their own trade union and cannot join the nurses’ trade union and vice versa. They are also organizing by statutory authority. According to Trade Union Act â€Å"statutory authority† means any authority or body established, appointed or constituted by any written law, and includes any local authority. Example of statutory authority is ATTORNEY-GENERAL'S CHAMBERS, CENTRAL BANK OF MALAYSIA, FEDERAL LAND DEVELOPMENT AUTHORITY (FELDA), NATIONAL PRODUCTIVITY CORPORATION (NPC), TELEKOM MALAYSIA BERHAD etc. They must form their own trade union and cannot join another statutory authority trade union. For example, TELEKOM MALAYSIA BERHAD workers cannot join FEDERAL LAND DEVELOPMENT AUTHORITY (FELDA) trade union because they have completely different work and an employee of a statutory authority can only join and been accepted as a member by a trade union whose membership is confined exclusively to employees of that particular statutory authority. They are also organizing by local authority. A local authority is an organization that is officially responsible for all the public services and facilities in a particular area. An employee of a local authority can only join or been accepted as a member by a trade union whose membership is confined exclusively to employees of one or more local authorities. There are four types of local government in this country who are prepared according to the hierarchy is The city also known as City Hall or the City Council, City also known as the Municipal Council, Rural areas also known as the District Council, Special area also known as the Corporation or Local Authority. Example workers in City (Municipal Council) cannot join trade union in Special area. The Fourth uniqueness characteristic of public sector industrial relations in Malaysia is the ways employees are grouped. The employees in the public sector may group themselves in union or in associations and still enjoy any of the benefits of union representation. This mean that the public workers can get any benefits of union representation even the public workers not joining the union. For the example, a teacher will get the salary increases in that year as decided by the government although the teacher is not a member of National Union of the Teaching Profession in Malaysia (NUTP). All the bargaining are discussed at the national level between the government with Congress of Employees in the Public and Civil Services (CUEPACS). Since the government is the employer of the public workers all of the decision is depends on the government budget. In contrast, in private sector, those who are not joining the trade union, thus will not get any benefits given to that particular trade union. For example, any benefits given to the Petronas Employers Union will not be given to any employers of Petronas who are not joining the trade union. Here we can see the advantages if those in the private sector are joining in the trade union since they will know their interest towards their job. They will know what their rights should get from the employers and the company itself, they can bargain more such as for the wages and also better working conditions. It is good for them to know their rights as well since they can make sure that their employer does not suppress their workers' rights. But in the same time, there will be some disadvantages to be in the private sector rather than those in public sector since the public workers may get the benefits whether ther are or they are not joining the trade union. Finally, finally yet importantly, the uniqueness of industrial relations in Malaysian public sector is the machineries that cater for industrial relation in public sector. In fact, these machineries in the public sector is unique and has no equivalent in the private sector. Thus, the following are the list of the machineries which are the first one is Salaries Commission and Salaries Committees. Then, it is followed by The Public Service Department, the Public Service Tribunal and last but not least, The Joint Councils. All these machineries have their roles in order to ensure the systematic structured in the public sector. Salaries Commission and Salaries Committees are appointed by the federal government and are necessary for the review of salaries and related conditions and these series of ad hoc commissions was kept on established since 1960s. The establishment of this commission is needed as they are also review working conditions and workers work as a whole or part of the public sector. Other than that, they are also assigned to make recommendations on those matters. In 1992 for example, the Special Committee of the Cabinet on Salaries makes the recommendations for the public sector and was known as New Remuneration Scheme and it has been renewed with the name Malaysian Remuneration Scheme in year 2002. Under this system, the employees got numbers of benefits such as paternity leave was introduced. . Thus, the reports from these two commissions will then be submitted to government and it is up to the government side, whether to accept or reject it. In fact, there is no legal obligation on the government to appoint such commissions or committees periodically, not to accept the recommendations made by them. If these recommendations submitted by them are not accepted by the government, then their recommendation will not be implemented. However, if these reports are being accepted by the government, then the recommendations will be implemented by the Public Service Department, which is also one of the important federal agencies in Malaysia. **** Next, move on the discussion on the matter of the Public Service Department (PSD) which is led by the Director General of Public Service. The PSD is organized along division lines in which there are eight divisions altogether as following divisions. The first one is recruitment division, and being followed by service division, training and career development division, wages and allowances division, pension division, negotiations division, The National Institute of Public Administration (Institut Tadbiran Awam Negara-INTAN) and finally the administration division. Each of this division has their own roles and function as for example the Service Division that formulates and implements personnel policies in the public services. These policies in addition cover such areas as the recruitment, confirmation, dismissal and re-employed of public service employees. Thus, this division also conducts all public service examinations, and it maintains the Government Staff Records Centre. Back to the main point, the Public Sector Department also acted as the human resources of the federal government and taking care only for the servant in the public sector. Besides, as being said above, the main function of PSD is to put into action on the accepted recommendations by the Salaries Commissions and Salaries Committee and thus, they are also responsible for all the implementation in the public sector includes supervise the National Joint Councils. Other than that, it is also functioned to negotiate any anomaly arising from the implementation of these recommendations with any public sector employees who is affected by it or with any organization of public sector employees whose members are affected by it. In short, the Public Service Department is responsible in initiating and also administrating personnel policies in all departments in which covered the public services employees too, from their recruitment until their retirement. ***** The Joint Councils (JCs) is machinery that is being modified from the Whitley Council machinery of the United Kingdom which was established in 1953. The Joint Councils is divided by two level which are the National Joint Councils and the Departmental Joint Councils. The National Joint Councils aim is to provide a body to establish communication through discussion between employers concerned and the government. It also constitute three councils which are one council for those in the Managerial and Professional Group and the other two councils are for employees in the Support Group. This councils are not available for Polices Forces, Armed Forces, Senior Managerial roup and public servants where the New Remuneration System (Sistem Saraan Baru-SSB) and Malaysian Remuneration System (Sistem Saraan Malaysia-SSM) does not apply. In the other side, the Department Joint Councils as well have it aim and functioned. This council provides a machinery to address any questions regarding work conditions and also obtain the views from the employees. It is also served for consultation between representatives of the ministry or department or statutory authority or local authority apprehensive and representatives of that ministry. ***** Finally, last but not least, the machinery that being use as a cater in the public sector is The Public Service Tribunal. The Public Service Tribunal was established in 1977 and it is to settle any dispute in regards to anomalies in the implementation of the recommendations by various Salaries Commission and Salaries Committees in which usually covered the issues regarding salaries and condition of service. Instead of that, any anomalies that come out will first referred to the Public Service Department (PSD). Once the Public Service Department rejected the claim, then the appeal can be made to the tribunal. The tribunal consists of a chairman and a panel of persons who have experiences and knowledge in matters of administration and was appointed by the Yang di-Pertuan Agong. However, this tribunal is being abolished in the year 2000 because the new approaches has already taken over and the new system will have a wider appeal. CONCLUSION As the conclusion, based on few perspectives that we have seen in comparing between both in public sector and private sector, the public sector seems to have their own uniqueness rather than the private sector. They are unique regarding to what has been applied to them regarding to the principles underlying the systems, the parties involved, the way employees’ unions are organised, the way employees are grouped and also the machineries cater for industrial relations in the public sector. Since the public sector have only one centered employer which is the government, thus the management of the public sector seems to be well-managed and well-organised rather than those in private sector which they have so many employers with different way of organizing their company at all. On the other hand, people works in the public sector also somehow get benefits than those working in private sector when everyone get the same things whether they are joining the trade union or not. REFERENCES )Wu Min Aun, (1982) Industrial Relations Law of Malaysia, page xviii, Heinemann Educational Books (LTD) 2)Dunston Ayadurai ,(2004) Industrial Relation in Malaysia Law and Practice, Third Edition 3)Maimunah Aminuddin,(1949), Malaysian Industrial Relations & Employment Law, Sixth Edition, page 6, Malaysia, MC GRAW HILL EDUCATION. 4)http://mgv. mim. edu. my/MMR/9004/900405. Htm retrieved june12,2011 5)http://survey07. ituc-csi. org/getcountry. php? IDCountry=MYS=EN 6) Zanko,M, (2002) ,The handbo ok of human resource management policies and practices in Asia-Pacific economies, United Kingdom, Edward Elgar Publishing. )Mumtaj Hasan, Harlida Abdul Wahab, (2003), Undang-Undang Pekerja Untuk Pengurus, Pahang, Malaysia, PTS Publication & Distributors Sdn. Bhd. 8)http://www. worldpsi. org/TemplateEn. cfm? Section=PSI_publications=2126=/ContentManagement/ContentDisplay. cfm 9)http://www. pmo. gov. my/? menu=cabinet=1797 10)http://www. mod. gov. my/ 11)2006-2007), The constitutional role of the Attorney General, Great Britain, Parliament: House of Commons: Constitutional Affairs Committee 12)http://www. moh. gov. my/ 13)http://www. malaysia-food-beverage. com/government. htm 14)http://mgv. mim. du. my/MMR/9004/900405. Htm 15)http://en. wikipedia. org/wiki/Local_government_in_Malaysia 16)Parenti, M, (2010), Democracy for the Few, Singapore, Cengage Learning. 17) 1920), National Lumberman, Commercial Journal Co. 18) http://www. unioncimb. org. my/home/news/TheFutureoftheTUMovementinMs ia-CIMBConferenceArticle. pdf 19)http://mgv. mim. edu. my/MMR/9004/900405. Htm 20)Bowling, A. , (1981), Delegation in General Practice, United Kingdom, Routledge 21)(1989), Trade Union Act 1959 and Regulations Details on Trade Union Act 1959, Amendment with Index and Cases, Kuala Lumpur, Malaysia, MDC Sdn. Bhd.

Permiso de residencia por matrimonio gay o de lesbianas

Permiso de residencia por matrimonio gay o de lesbianas En Estados Unidos los matrimonios gays, conformados por dos hombres o dos mujeres, tienen los mismos derechos migratorios que los conformados por un varà ³n y una mujer. Lo fundamental en este tipo de matrimonios es que sean vlidos segà ºn las leyes del lugar en el que se celebran, que no tiene que corresponder con las del lugar donde habitualmente residen los cà ³nyuges o uno de ellos.   A pesar de esta igualdad de derechos entre los  matrimonios gays y los heterosexuales, en ocasiones se producen conflictos o demoras porque se trata de un derecho relativamente reciente. Es por ello que el abogado de inmigracià ³n Frank Calabrese responde en la siguiente entrevista a dudas de gays, lesbianas, bisexuales y transexuales casados con personas de su mismo sexo, en relacià ³n al permiso de residencia (green card) y otros beneficios migratorios como visas de trabajo, peticiones de hijos, etc. Adems, se finaliza este artà ­culo con importantes consejos migratorios para los casos en los que se est buscando la green card por matrimonio. Antecedentes y situacià ³n actual sobre derechos migratorios para matrimonios gays El 26 de junio de 2013, la Corte Suprema de los Estados Unidos sentencià ³ que era inconstitucional la Seccià ³n 3 de la Ley de Defensa del Matrimonio (DOMA, por sus siglas en inglà ©s), que limitaba a efectos de reconocimiento federal el matrimonio al formado por un hombre y una mujer. Hasta esta decisià ³n de la Corte Suprema, DOMA prohibà ­a que el gobierno federal reconociese como vlidos los matrimonios conformados por personas del mismo sexo.   Ahora que la Seccià ³n 3 de DOMA ya no es vlida, desde el punto de vista de las leyes de inmigracià ³n, los ciudadanos de los Estados Unidos y los residentes permanentes casados con personas de su mismo sexo reciben el mismo tratamiento que los matrimonios conformados por un hombre y una mujer. Pregunta:  ¿Tenemos que vivir en un estado que reconoce legalmente el matrimonio entre personas del mismo sexo para solicitar un permiso de residencia de residencia? Respuesta: No. Desde el punto de vista de inmigracià ³n, el matrimonio se reconoce siempre y cuando que sea vlido en la jurisdiccià ³n en la que se celebrà ³. Si te has casado en un estado o en un paà ­s que reconoce legalmente el matrimonio entre personas del mismo sexo, tu matrimonio es reconocido a efectos de inmigracià ³n en los Estados Unidos. Los matrimonios pueden legalmente residir en cualquier estado de la Unià ³n Americana.  ¿Es suficiente tener una relacià ³n legalmente reconocida pero que no es matrimonio, como por ejemplo una unià ³n civil o una pareja de hecho? No en estos momentos. Si es posible, deben  casarse en una jurisdiccià ³n que permite el matrimonio entre parejas del mismo sexo brinda mayor seguridad y es un camino menos problemtico para solicitar la tarjeta de residencia, incluso en los casos en los que ya se est viviendo en una situacià ³n de unià ³n civil o pareja de hecho.  ¿Quà © pasa si mi pareja se encuentra fuera de los Estados Unidos y no podemos casarnos en su paà ­s de origen? Las leyes de inmigracià ³n de los Estados Unidos permiten la solicitud de una visa de prometido para parejas cuya intencià ³n es contraer matrimonio. Una vez que la visa es concedida, la persona extranjera puede entrar legalmente en Estados Unidos y la pareja debe contraer matrimonio en los 90 dà ­as siguientes en un estado que legalmente permite este tipo de matrimonio (esta visa solo aplica a ciudadanos, no a residentes) Asimismo, estas parejas pueden viajar a otro paà ­s donde el matrimonio entre personas del mismo sexo est legalmente reconocido y luego seguir el procedimiento consular que siguen las parejas casadas heterosexuales en el paà ­s de origen del cà ³nyuge extranjero. Conseguà ­ mi tarjeta de residencia por matrimonio con una mujer, pero desde entonces he hecho pà ºblica mi homosexualidad y ahora estoy casado con un hombre.  ¿Puedo solicitar una tarjeta de residencia para à ©l? Las personas que obtuvieron su residencia por razà ³n de un matrimonio anterior no tienen necesariamente una prohibicià ³n para solicitar a su nuevo cà ³nyuge. Sin embargo, como en todos los casos de matrimonio, esas personas tiene la obligacià ³n de demostrar que su relacià ³n es de buena fe. En estos casos un abogado experto puede ayudarte a examinar los posibles riesgos y beneficios y si hay o no un conjunto de circunstancias que pueden levantar sospechas de fraude en el oficial del USCIS que debe decidir sobre el caso. Y si tienes o no evidencia suficiente para vencer cualquier posible sospecha. Una compaà ±Ãƒ ­a americana me ha contratado para trabajar y vivir en los Estados Unidos con una visa H-1B.  ¿Puede tambià ©n vivir en EEUU mi cà ³nyuge que es de mi mismo sexo? Sà ­. Los matrimonios conformados por personas del mismo sexo estn ahora reconocidos con igualdad de derechos migratorios que los matrimonios entre un hombre y una mujer. Si cumple con todos los requisitos para ser elegible, puede acompaà ±ar a su esposo o esposa siempre y cuando se trate de una categorà ­a de visas que contempla la posibilidad de visas derivadas para los cà ³nyuges, como son las H-4 (trabajo), J-2 (intercambio) o F-2 (estudiante), etc.  ¿Quà © pasa si mi pareja est en los Estados Unidos como indocumentado? ¿Todavà ­a podemos aplicar? Esto va a depender de tu caso concreto. Si la persona extranjera entrà ³ legalmente a los Estados Unidos por una aduana donde fue inspeccionado por un oficial de inmigracià ³n pero simplemente lo que ha hecho es quedarse ms tiempo del permitido, entonces en muchos casos puede que està © autorizado/a a solicitar la tarjeta de residencia basndose en su matrimonio con un ciudadano americano. Pero si entrà ³ a los Estados Unidos simplemente cruzando la frontera sin que un oficial de inmigracià ³n le autorizase la entrada entonces en estos casos tendr que salir de EEUU y solicitar la tarjeta de residencia en un consulado en su paà ­s de origen. En todo caso, algunos pueden necesitar solicitar ciertos perdones (conocidos como waiver en inglà ©s). Las leyes migratorias pueden ser muy complicadas en estos casos y si tà º o tu pareja estn en los Estados Unidos como indocumentados o sin estatus, es muy recomendable solicitar el consejo de un abogado experto en estos temas antes de iniciar cualquier trmite.  ¿Quà © pasa si tenemos hijos? Cuando un ciudadano de los Estados Unidos aplica por una tarjeta de residencia para su esposo/a, tambià ©n puede pedir los papeles para los hijos de su cà ³nyuge por ser sus hijastros. Si el cà ³nyuge extranjero es el padre o la madre biolà ³gico de esos nià ±os, es posiblemente el mejor procedimiento a seguir, incluso en los casos en los que el ciudadano americano considera ya a esos muchachos como hijos propios. En todo caso los hijos deben ser menores de 21 aà ±os de edad, solteros y el matrimonio debe haberse celebrado antes de que los muchachos hayan cumplido los 18.  ¿Quà © pasa con la reforma migratoria? ¿Hay alguna razà ³n por la que puede recomendarse esperar? No se puede predecir lo que va a hacer el Congreso. La reforma migratoria puede ser aprobada o no en el futuro. En cualquier caso no hay modo de saber ahora cules serà ­an las protecciones para las personas del colectivo LGBT que contemplarà ­a la ley. Mientras tanto, mientras el Servicio de Naturalizacià ³n e Inmigracià ³n (USCIS, por sus siglas en inglà ©s) y los consulados continà ºan implementando las leyes de inmigracià ³n de los Estados Unidos segà ºn las directrices actuales no es necesario que se aprueben ms leyes para que las parejas del mismo sexo legalmente casadas inicien sus trmites para la solicitud de la tarjeta de residencia.  ¿Podemos presentar la solicitud nosotros mismos o necesitamos a un abogado? ¿Necesitamos a un abogado especialista en temas de inmigracià ³n o en asuntos propios del colectivo LGBT? Mientras que es cierto que mucha gente solicita por sà ­ misma y con à ©xito las tarjetas de residencia por razà ³n de matrimonio, hay que tener en cuenta que las leyes de inmigracià ³n pueden ser bastante complicadas. Adems, las solicitudes en los casos de matrimonios conformados por personas del mismo sexo es todavà ­a un rea legal nueva y que muchos oficiales de inmigracià ³n no tiene todavà ­a el suficiente conocimiento o no se sienten cà ³modos con estos asuntos. El consejo de un abogado experto puede ayudar a evitar los problemas que puedan surgir. Las respuestas anteriores sà ³lo tienen un propà ³sito informativo general y NO substituyen o constituyen consejo legal para ningà ºn caso concreto ni tampoco son la base de una relacià ³n abogado-cliente. Deberà ­as consular con un abogado de inmigracià ³n sobre las circunstancias particulares de tu caso antes de tomar ninguna decisià ³n sobre tu situacià ³n o iniciar algà ºn trmite. Consejos migratorios en caso de green card por matrimonio Tanto los ciudadanos americanos como los residentes permanentes legales pueden solicitar la green card para su cà ³nyuge por razà ³n de matrimonio. Aunque bsicamente los requisitos son los mismos en ambas situaciones es conveniente destacar importantes diferencias. En primer lugar, el tiempo de tramitacià ³n, ya que es ms rpido en el caso de las peticiones presentadas por ciudadanos. Los residentes deben esperar por cupo, segà ºn datos actualizados mensualmente en el boletà ­n de visas.   En segundo lugar, es muy recomendable prestar atencià ³n en los casos en los que el cà ³nyuge pedido està © en Estados Unidos en situacià ³n de indocumentado. La razà ³n es que en el caso de peticià ³n de residentes no pueden ajustar su estatus y en el caso de solicitud de ciudadanos sà ³lo cuando la persona pedida entrà ³ legalmente a los Estados Unidos (con la excepcià ³n de los casados con militares en aplicacià ³n del programa Parole in Place). La consecuencia de ello es que si no es posible ajustar el estatus se tendr que finalizar el proceso fuera de los Estados Unidos, lo cual har saltar el castigo de los 3 y de los 10 aà ±os. Y en tercer lugar, en algunos casos las tarjetas de residencia que se obtienen por razà ³n de matrimonio con ciudadano pueden ser, inicialmente, temporales por sà ³lo dos aà ±os. En este caso es obligatorio levantar la condicionalidad para convertir esa residencia temporal en permanente. Asimismo, es importante seà ±alar que el solicitante de la green card para su cà ³nyuge puede en cualquier momento poner fin a los trmites. Sin embargo, esto no puede utilizarse como una amenaza hacia el cà ³nyuge extranjero. Y es que en casos de abuso podrà ­a tener derecho a obtener por sà ­ mismo la green card en base al programa VAWA. Finalmente, al igual que ocurre con los matrimonios heterosexuales, los matrimonios de conveniencia con el fin de obtener la green card estn penados por la ley. Este es un artà ­culo informativo. No es asesorà ­a legal

Animal Assisted Therapy in Nursing Homes and Elderly patients

Animal Assisted Therapy in Nursing Homes and Elderly patients Video ratings are another metric that demonstrate direct viewer feedback. They are displayed at the bottom right hand corner of videos along with video views. Here, we can see the number of likes or dislikes the video has received over time. For an in-depth view of these ratings, one needs to click on the bar graph. This helps compare likes, dislikes, comments and favourites of the video from its publication. Along with the total number of views of ones’ video, ratings can help to determine what video content is liked or disliked by one’s audience. Ratings feedback is often a better indication of engagement as compared to just views, as ratings require more action from one’s audience than simply watching one’s content. Feedback in the form of likes or dislikes can help our search rankings, as YouTube takes these factors into account when deciding our videos’ rank in the search results.

Can Security Countermeasures be Overdone Essay Example | Topics and Well Written Essays - 2500 words

Can Security Countermeasures be Overdone - Essay Example Iraq sans UN approval, to choking off funds-flow to terrorist elements, compulsory screening, finger printing, strip & search of all non-nationals or even suspect nationals at all points of entry and exit, installation of electronic eavesdropping devices / phone tapping / mail interception, passing of draconian laws in the face of strong opposition from Human Rights activists, etc. and a myriad of other methods. Orwellian ‘Big brother is watching you’ (Orwell, 1949) has become a fact of life. All these signify the hard line, no nonsense approach, led especially by the governments in the USA and UK. They were primarily intended to assuage the injured American pride in the name of ‘war on terror’. Institutions, businesses and citizens did not lag far behind in this era of panic and paranoia. Overdoing ‘hardware intensive’ and ‘legislative’ countermeasures seem to be only partly effective in containing terrorism. Afghanistan and Iraq, in dà ©jà   vu, will testify this premise. The sweeping actions of the Department of Homeland Security (DHS), Department of Justice (DOJ) and other investigation agencies on the one hand, and the poor record of conviction secured by them, point to the limited effectiveness of the countermeasures. That is not to say that there has been no success at all. On the contrary, some of the administrative countermeasures like enactment of The USA Patriot Act or the creation of the DHS certainly enabled putting a check on terrorist activities. â€Å"The USA PATRIOT Act equips federal law enforcement and intelligence officials with the tools they need to mount an effective, coordinated campaign against our nation’s terrorist enemies. The Act revised counterproductive legal restraints that impaired law enforcement’s ability to gather, analyze, and share critical terrorism-related intelligence information. The Act also updated decades-old federal laws to account for the technological breakthroughs seen in recent years. For example,