Administrative Law Notes Essay

Please note that this is a draft. The material is under revision. ?This material has been prepared by John P. Sangwa and was initially part of a larger study undertaken by the author. The material is meant for students studying L341. The reproduction for any purpose whatsoever of this work or any part thereof in any form or manner is not allowed without the permission of the author. What is Administrative Law? Administrative law, as a subject, has defied definite and concrete definition. Most scholars have confined themselves to formulating working definitions within the context of their works. There is, however, agreement that administrative law is concerned with powers and procedures for the use of those powers by public officers and institutions responsible for the performance of the functions of the state. It includes, especially, the law governing judicial review of administrative actions. Administrative law is law that governs those who administer any part of governmental activities. Administrative law is not the substantive law produced by the agencies, and it is not the substantive law created by the legislative bodies or courts and administered by the agencies; instead, administrative law is the law, which governs the powers and procedures of agencies. It includes procedural law created by the agencies but not the substantive law created by them, such as tax law, labour law, public utility law, transportation law, welfare law, town and country planning law, and the like. Administrative Law Distinguished from Constitutional Law There is a distinction between constitutional law and administrative law. Constitution law refers to the formal rules, in the case of Zambia, embodied in one single document referred to as the constitution, which establish the main institutions of the state, prescribe their powers, their relation with each other and their collective position vis-a-vis the citizens. Administrative law on the other hand focuses on the powers vested in these institutions and how they use them. For instance, the Banking and Financial Services Act, 1994, confers on the Bank of Zambia, the powers to regulate banking and regulated financial services and issue the necessary regulations from time to time. The Act itself and the regulations made pursuant thereto are not themselves of concern of administrative law. However, administrative law would touch on the authority of the Bank of Zambia to make regulations and upon the procedure employed in making them. Administrative law tends to focus on three aspects of administration: rule-making procedure, where the public institutions or officers are conferred powers to make rules, adjudicative procedure where there is power to make decisions and judicial review, which focuses on the power of the court to review decisions of public institution to ensure that they are intra-vires the empowering legal instruments, and to declare them ultra-vires, where they are not 2 The Scope and Administrative Law Administrative law is concerned with public authorities. It is concerned with the way power is acquired, where the public authorities get their powers from and the nature of those powers. It determines whether the exercise of a power subject to any particular procedure, or whether it must be exercised in any particular form. If so, it addresses the effect of failing to do so. It focuses on how to ensure that powers are used only for the purpose for which they are given – and that they are used effectively and efficiently. Administrative law is concerned not only with power but also with liabilities both of authorities and of their employees. It is concerned with the bodies, which exercise these powers – central government departments, public corporations, local authorities and other institutions. The role of the courts, as independent institutions, in providing some checks on the exercise of public powers is the concern of administrative law. The courts are concerned with the legality of the administrative actions. Administrative law must be seen as an instrument of control of the exercise of administrative powers. Administrative law, like any other branch of law is not an end in itself but means of getting things done by creating through the legal process, institutions, and granting them powers and imposing on them duties. The decision maker is subject to the law, but at the same time, he sees the law as something to use to achieve some end which society has chosen. Administrative law is a concern of a lawyer as much as for the public officers. There is need for public power, but there is also need for protection against its abuse. Administrative law attempts to address the age-old problem of abuse of power. Administrative law as discussed in this course is limited to law concerning powers, procedures, and judicial review. It does not include the enormous mass of substantive law produced by the various agencies. Although public institutions are created by statutes, by executive order authorised by statute, and by constitutional provisions, and although their principal powers and functions are normally defined by the instruments, which create them, the great bulk of administrative law is judge-made law. Some of the judge-made law either is or purports to be founded on constitutional or statutory interpretation. However, other judge-made law is made sometimes without reliance on either constitutional or statutory provisions. 3 SOURCES OF ADMINISTRATIVE LAW Introduction By sources we mean where one can look for answer whenever and administrative law issue arises. Administrative law is wherever law is. It is founded on the Constitution. It is in the statutes and in any form of statutory instrument. Administrative law is also in the form of common law made by the courts and in the form of procedural rules made by administrative agencies themselves. Constitution The entire Zambian Constitution is in a way a source of administrative law. It is a limitation on government. It creates various organs of government and prescribes what they may or may not do and how they can do what they are empowered to do. For instance, Article 30 of the Constitution confers power upon the President to declare, after consultations with Cabinet, that a state of public emergency exists in Zambia. The said provision puts a limitation on the exercise of this power by the President. The President can declare a state of emergency only after he has consulted with Cabinet. Failure to do so may render such a declaration null and void. Whether or not there has been compliance with the provisions of the constitution or whether the power has been exercised for the intended purposes is the concern of administrative law. Statutes Very often statutes, which create public institutions, prescribe their powers and how they are to be exercised. It is the concern of administrative law to ensure that such powers are used for the realisation of the policy objectives on which in the statute is founded and not any other goals. Common Law The common law is creation of the courts. Following the concept of staredecisis, courts will decide a case today in the same way they decided in other cases in the past if comparable factual situations are involves. There is therefore a huge volume of guidelines on how the courts will decide a given case and this collection of clues is called common law. Common law prevails on a point of law so long as there is no statute, regulation, or constitutional provision, which contradicts it. Judicial interpretations of statutes, regulations, and constitutional provisions are part of the common law. Much of the administrative law principles are in the form of common law. Formal laws do not regulate every aspect of administrative authority. For instance, the idea that no one should be punished unheard is law, which has been embraced by the courts as one of the common law principles. 4 Much of what is administrative based on the constitution is in fact common law. The Constitution is brief and at times vague. It is therefore, interpreted by the courts. It is in sense good that the Constitution is sometimes vague. This enables the each generation to interpreter it to accommodate social, political and other changes Administrative Instruments Some of the instruments with the force of law, which regulate public institutions, are made by the institutions themselves. This kind of law is imposed on the institutions by the public institutions themselves. It is often in response to public pressure and public expectations exerted in different ways throughout the political process. For instance, the Industrial and Labour Relations Act has created the Industrial Relations Court. In order to ensure that people have access to the Court and receive fair hearing the Court has set its own rules, binding on itself and parties to the dispute, who have moved the Court. The rules, which the public institutions impose upon themselves, are often found in the same statute along with other rules and regulations made by the institutions. For instance, in 1996, the President issued a directive that housing units owned by the government and local authorities be sold to sitting tenants. A circular to that effect was issued by Cabinet govern this exercise. Any dispute in this regard has been resolved by referring to this circular. As for the units owned by local authorities, the Ministry of Local Government and Housing issued a similar circular. The first phase began from the moment British influence was established in the territory, which became known as Northern Rhodesia. The second phase, began long after the first phase had been properly grounded, focuses on judicial review; and the dominant part of judicial review is constitutional and statutory interpretation. Whereas other Western countries have already gone through the third phase, which focuses on procedures for formal adjudication and formal rule making, Zambia is just embarking on this phase. 9The value of such an approach is ably illustrated by Gordon R. Woodman, â€Å"Constitutions in a World of Powerful Semi-Autonomous Social Fields†, Third World Legal Studies – 1989, 120. He observes at pp. 2-3. : Although the skills of a lawyer are useful in the study of non-state laws, an adequate appreciation requires some revision of the traditional approach of students of state law. It is necessary to discard the concepts and axioms induced by the tendency o f state laws to deny the legitimacy of other laws†¦. An effective state constitutional order takes account of the social realities which affect its objects and functioning. In Africa, where the relative unimportance of state law is at least as marked as anywhere else, other social orderings cannot realistically be overlooked. 39 The Development of Administrative Structures Zambia is a product of greed and conquest by the powerful, and of the weak seeking a haven for peace and security. The dispersal from the north, which involved the Lozi, Bemba, Lunda and other tribes, was largely precipitated by smaller chieftaincies seeking independence. However, the migration of the Ngoni and the Kololo from the south was for the search of a sanctuary. The coming of Europeans brought another dimension to the history of Territory. Their conquest of the Territory was for economic reasons: to find raw materials to keep the wheels of the factories in Europe turning and good land to settle the landless people of Europe. The realisation of the economic objective was possible only if both internal and external threats to British presence in the area were taken care of. The internal threats were addressed through the power of the pen, like in the case of the Litunga of Barotseland, and through the power of the sword as against the Ngoni. The motivating force was the greed of the private entrepreneurs. The role of the Imperial Government was merely that of protecting the interests of its citizens when threatened by another imperial power or forces within the Territory. The history of Northern Rhodesia is also a history of two competing cultures, one claiming superiority over the other. The Europeans came with new ideas about social formations. All the existing tribal groupings were broken down and made part of one heterogeneous society curved out of the entire continent without regard to history, customs and origins. The impact of Western colonial rule is still indelibly imprinted in Zambia decades after independence. As Europeans moved into the non-Western world, north of the Zambezi, as traders, merchants, missionaries and adventurers, they carried with them expectations that all societies should be properly organised as states possessing attributes of sovereignty and adhering to rule of law. 0 This was not the case in the area, which became known as Northern Rhodesia. After the establishment of settlements, Europeans insisted that human relations, and more particularly the management of disputes, should fall under explicit and universally based laws. 21 To make life much more amiable 20Lucian W. Pye, â€Å"Law and the Dilemma of Stability and Change in the Modernization Process,† Vanderbilt Law Review 17 (1963), 24-25. 21Ibid. 40 they started building the state structures. The administrative structures, which emerged, made up the constitutional structures for the Territory. 2 The Making of Northern Rhodesia As a geographical unit, Zambia was created through the initiative of Britain during the partition of Africa. Following the examples of other European powers at the time in staking claims to large territories in the Africa, Britain was keen to extend sovereignty north of South Africa. Little effort was necessary to persuade the Crown to grant John Cecil Rhodes, at his request, a Charter incorporating the British South Africa Company, which was to pursue British interests in the area. This Charter was granted in 1889. The Charter empowered the Company to acquire territories through concessions, agreements and treaties by or with indigenous rulers and administer it – without any financial assistance from the British Government. The Company’s field of operation was defined to be the territory north of the Crown colony of British Bechuanaland and of the Transvaal and west of the Portuguese possessions in East Africa. Rhodes sent agents to conclude treaties with local rulers. Through such treaties and conquests of the more militant tribes, Rhodes effectively asserted his, and ultimately British presence. It now remained for Britain to secure the agreements of other European powers in accordance with the terms of the Berlin conference of 1884 – 1885. This was done through a series of treaties, which collectively determined the present border of Zambia. The name â€Å"Rhodesia† was first used to refer to the territories (obtained by Rhodes) in 1895. It was officially approved in 1897, by the British Government. In 1895, due to its vastness the territory was, administratively, divided by the BSA Company into two: North-Western Rhodesia and North-Eastern Rhodesia. Both of them were being administered by the Company under the supervision of the British High Commissioners in South Africa and Nysaland respectively. At the time, a few outposts of administration were being established in the sparsely populated territories. In 1899 and 1900, two very important Orders in council were promulgated. The Orders, the Barotse North-Western Rhodesia Order in council and the North-Eastern Rhodesia Order in council, clarified the provisions relating to 22See H. F. Morris and J. S. Read, â€Å"Indirect Rule and the Search for justice†, (1972), 287, quoted n Filip Reyjents, â€Å"Authoritarianism in Francophone Africa from the Colonial to the Post Colonial State†, Third World legal Studies – 1988, p. 59. 41 the administration of the two territories to which they referred and also established the territories as â€Å"colonial protectorates†. Under the North-Eastern Rhodesia Order in Council, 1900 North Eastern Rhodesia was to be admin istered by an ‘administrator’, appointed by the Company with the approval of the Secretary of State for Colonies. The administrator was empowered to make regulations for the administration of justice, the raising of revenue and generally for â€Å"†¦ he peace order and good government†. These regulations had to be approved by Her Majesty’s Commissioner for the British Central African Protectorate (Nyasaland now Malawi) and could be disallowed by the Secretary of State. The Commissioner himself could initiate legislation termed â€Å"Queen’s Regulations†. Under the North-Western Rhodesia Order in Council, 1899, the British Government retained firmer control in North-Western Rhodesia through the High Commissioner in South Africa because of the unresolved issue of the western border of the territory with the Portuguese territory of Angola. The issue was not resolved until 1905. The High Commissioner had the power to legislate by proclamation. The Company had administrative powers, which were exercise through an administrator. Developments in the two areas indicated that they would best be administered as one territory. In 1911, Barotse North-Western Rhodesia and North-Eastern Rhodesia were merged to form Northern Rhodesia. The Company retained its administrative authority in the new territory. It was empowered to appoint an administrator for the territory, subject to the approval of the Secretary of State. The legislative authority, which was to be exercised by proclamations, remained in the High Commissioner in South Africa. This arrangements prevailed until 1924 when company rule was terminated. Administration of Justice (a) Developments Under Company Rule: The major concern of the settlers was to establish structures for the settlement of disputes. Amongst the first institutions to be established in the territory were the courts. The major task of the Company was to establish the basic instruments of government administration. The judicial functions of the government were undeveloped. Nonetheless, the legislative framework for the establishment of courts was already in existence. The Africa Order in Council of 1889, provided that every person holding Her Majesty’s Commission as a Consul-General should, if so authorised by the Secretary of State, form a consular court. This Order in Council even provided a code for criminal and civil procedure. In the event, it was not found 42 necessary to establish any consular courts as reliance was placed upon the second method of establishing courts: the Charter of the British South Africa Company itself. One of the fundamental principles which was to be respected in the administration of justice was the need to differentiate between the indigenous people and the immigrants. Section 14 of the Charter directed the Company to have â€Å"careful regard† to the laws and customs of the local tribes. Thus, the courts which were established were limited in their jurisdictions to give effect to this principle. Between 1899 and 1909, two hierarchies of courts were established in Barotse North-Western Rhodesia and North-Eastern Rhodesia. Each consisted of a High Court, Magistrates’ courts, the Administrator’s Court and Native Commissioners Courts. The High Courts were courts of unlimited jurisdiction and administered English law and local enactment, except in civil cases between Africans, when they were required to administer African customary law. The Administrators’ Courts also had similar jurisdiction as the High Court. They were introduced to enable the Administrators of the territories to have a role in the administration of justice. The Magistrates’ Courts were courts of first instance with limited jurisdiction. They were mainly concerned with adjudicating over disputes between white settlers and with administering criminal law. The law administered in these courts was English law. The Native Commissioners’ courts were established in order to administer African customary law between natives. All the judges and the members of the other courts were nominated by the Company but appointed by the British High Commissioner in South Africa. They were amenable to dismissal as well. Although existing African traditional courts were not officially recognised, some limited protection was extended to customary law. First by the Barotse North-Western Rhodesia Order 1899 and later by the North-Eastern Rhodesia Order 1900, which for the first time invoked the repugnancy clause. This clause provided that customary law be to be administered so far it was not â€Å"repugnant to natural justice or morality† or to any statutory law. Two systems of courts were established in each of the two territories by 1909. One system administered English law and statutory law between Europeans in civil cases. It also administered English penal law for all the inhabitants of the territory. The other system administered African customary law in civil cases between Africans. In 1911, when it was decided to combine North-Western Rhodesia and NorthEastern Rhodesia into a single country, it also became necessary to re-organise 3 the judicial system. However, as there also existed two well-established judicial systems, few changes were necessary beyond merging the two systems into one. There emerged a High Court of unlimited original and appellate jurisdiction, magistrates’ courts and native commissioners’ courts. The Administrator’s court was abolished. High Court judges were henceforth appointed by the Secretary of State in Britain. The officers in lower courts were appointed by the Company. Between 1911 and 1924, only minor changes effected to the judicial system and none of these affected the judicial system or its basic structure. b) Developments During Direct British Administration: During the early part of the 1920’s it became apparent, Northern Rhodesia was becoming too costly and complicated a territory to be administered by a company. In 1924, the company relinquished its powers in favour of direct British rule. The 1911 Northern Rhodesia Order was revoked and in its place was promulgated the Northern Rhodesia Order in Council, 1924 and the Northern Rhodesia (Legislative Council) Order in Council, 1924, and the Royal Instructions to the Governor of 1924. These three documents together constituted the basic constitutional instruments of Northern Rhodesia. The Northern Rhodesia Order established the office of Governor, to represent the Crown. He was assisted by an executive council, the members of which were appointed by the Crown and served at his pleasure. In accordance with the â€Å"colonial protectorate† status of the territory, constituent power remained in the Crown and was exercised through Orders in Council made under the Foreign Jurisdictions Acts of 1890 and 1913. However, for the purpose of enacting laws to facilitate the administration of the country, a legislative council, dominated by (appointed) officials, was established. This council exercised its legislative power through the enactment of ordinances. The change from company rule to direct British rule did not necessitate radical changes to the judicial system. The changes made merely reflected change-over to colonial rule. The power to determine the number of judges and magistrates in the country and to appoint them subject, in the case of judges, to such instructions as the Crown might give was vested in the Governor. There were also provisions permitting appeals from the High Court to the Privy Council. In 1938, it was decided to establish a court of appeal for the three British colonies in central Africa, comparable to the East African Court of Appeal and Court of Appeal for West Africa. This Court was called the Court of Appeal 44 for Rhodesia and Nyasaland. The court was established under Ordinance No. 35 of 1938. It became the highest court for the three territories in criminal cases but provisions were included for further appeals to the Privy Council in civil cases. Meanwhile, the important issue of how best to administer the affairs of Africans was receiving much attention. It was decided soon after the assumption of direct British administration to extend the famous principles of indirect rule, to the territory. This principle, which had already been applied in other British colonies, entailed the use of existing African institutions to effect colonial rule, thereby minimizing both the antagonism of the people and expenditure. Indirect rule was implemented in Northern Rhodesia by establishing native authorities and recognising native courts. Native authorities were established in all areas of the territory nd were vested with minimal local government powers such as taxation and policing. Native courts were first recognised by statute in 1929, with the enactment of the Native Courts Ordinance. Under this ordinance, the Governor was empowered to constitute any â€Å"chief, headman, elder or council of elders† in any area into a native court. This did not, however, prevent the exercise of judicial powers by those who already did so in their own com munities. The Native Courts established under this Ordinance were separate from the rest of the judiciary: the High Court and the magistrates’ courts. No appeals lay from the Native Courts to the Magistrates’ Court or to the High Court. Nevertheless, there were already in existence some Native Commissioner’s Courts. These assumed the role of appellate courts in relation to the Native Courts. Native courts were only empowered to administer customary law and to adjudicate over civil cases in which the parties included Africans. In 1936, it was deemed necessary to clarify the status and jurisdictional limitation of native courts. This was done by the enactment of the Native Courts Ordinance 1936 and the Barotse Native Courts Ordinance 1936. Apart from these changes, which enabled the Government to establish a number of native courts covering the whole territory, this system of administering justice remained in force until 1966. (c) Developments During the Federation of Rhodesia and Nysaland: Even before the Second World War, two issues were to dominate Northern Rhodesian politics and determine its constitutional development: the demand by African nationalists for majority rule and/or self-determination and the campaign by white settlers for closer association or amalgamation with 45 Southern Rhodesia. As early as 1929, the Hilton Young Commission advised that: In the present state of communications the main interests of Nyasaland and Northern Rhodesia, economic and political, lie not in association with the eastern African territories, but rather with the self-governing colony of Southern Rhodesia. In 1938, the Bledisloe Commission was appointed to â€Å"explore the feasibility of closer association between the two Rhodesias and Nyasaland. † The Commission also endorsed the idea of closer association between the three territories, but did not recommend immediate steps in that irection. Nonetheless, consultations continued between white politicians in Northern Rhodesia and Southern Rhodesia and the British Government. Finally, at a conference held at Victoria Falls, in Northern Rhodesia, in 1951, a firm decision was arrived at recommending to the British Government the establishment of a federation in Central Africa. This recommendation was accepted. The Federation of Rhodes ia and Nyasaland Act, enacted by the British Parliament in 1953, authorised the Queen to establish such a federation. In the same year, the Federation of Rhodesia and Nyasaland (Constitution) Order in Council joined the three territories to form the Federation of Rhodesia and Nyasaland. Under the federal scheme, the three territories retained their respective statuses: Northern Rhodesia and Nyasaland remained protectorates, while Southern Rhodesia remained a colony. The Constitution provided for the office of a Governor-General, appointed by the Crown. He was the personal representative of the Crown. The Constitution also established a federal legislature of thirty-five members. This body had legislative power over certain matters exclusive of the territorial legislatures (the federal legislative list) and powers to legislate over other matters concurrently with the territorial legislatures. The establishment of the Federation had one important effect upon the judicial system of Zambia. The Federal Constitution established a Federal Supreme Court. The Court consisted of the Chief Justice, appointed by the Governor-General and between two and six judges, who were to include the Chief Justices of the three territories. Under Article 53 of the Constitution, the Supreme Court had exclusive jurisdiction over matters relating to the interpretation of the Constitution and matters in which the Federal Government was a party. The Supreme Court also had appellate jurisdiction from the High Courts of the three territories. Article 61 provided for appeals from the Supreme Court to the Judicial Committee of the Privy Council. 46 The idea of establishing the Federation of Rhodesia and Nyasaland was not supported by all the sectors of the population. The Africans of Northern Rhodesia, in particular, had vehemently opposed any form of association with Southern Rhodesia. Instead, they had campaigned for reforms to the electoral law to introduce universal adult suffrage. As African political parties were formed Africans began to demand self-government and independence from British rule. The decade 1953 to 1963 was volatile in Northern Rhodesia. The many factors of that era culminated in a general election, based on â€Å"one man one vote†, in 1962, which was won by the United National Independence Party, led by Kenneth Kaunda. He formed a coalition government with the African National Congress in 1963. The Federation was dissolved in that year. In 1964, under yet another constitution, fresh elections were held which were won outright by the United National Independence Party. This Party formed the first Government when Northern Rhodesia was granted independence in October 1964. (d) Developments After Independence: The new constitution provided for a popularly elected executive President who was also the Head of State. It also provided for a Vice-President and a cabinet appointed from among the members of the National Assembly. The legislative power was vested in a Parliament consisting of the President and single chamber National Assembly. The Assembly consisted of seventy-five elected members, not more than five nominated members nominated by the President and a Speaker. The legislative power was exercised through Bills passed by the National Assembly and assented to by the President. Enactments were termed â€Å"Acts of Parliament†. Quite expectedly, independence brought about some changes in the judicial system of Zambia. The dissolution of the Federation of Rhodesia and Nyasaland ended the Federal Supreme Court. Within Zambia, the January 1964 Constitution established a Court of Appeal with unlimited appellate jurisdiction. The Independence Constitution also provided for a Court of Appeal consisting the Chief Justice, one Justice of Appeal and other puisne judges. The Constitution also empowered the President to declare that the Judicial Committee of the Privy Council should be an appeal court for the Republic. The President never exercised this power and the provision was not repeated in the 1973 Constitution. The Independence Constitution created a Judicial Service Commission under the chairmanship of the Chief Justice. The Constitution conferred advisory and executive functions over appointments to judicial offices upon the 7 commission. The provisions relating to the Judicial Service Commission were substantially retained under the 1973 constitution. The subordinate courts were retained by and large in their old form even after independence. Various aspects of the Subordinate Courts had undergone changes since the enactment of the Subordinate Courts Act in 1934. The changes related mostly to jurisdi ction and other related matters, and did not affect the basic structure and status of these courts. After 1964, the notable change was in the manner of appointing magistrates. They were to be appointed by the Judicial Service Commission. Some radical changes were made at the level of the Native Courts. The general feeling at the time was that Native Courts had to be integrated in the judiciary. The first step came in the form of provision that appointments of the Native Courts’ presiding justices were henceforth to be made by the Judicial Service Commission. Meanwhile, initiatives were underway for the enactment of a new statute to provide for Native Courts. The Local Courts Act was enacted in 1966. It repealed the Native Courts Ordinance and the Barotse Native Courts Ordinance. It constituted Local Courts in place of Native Courts. It provided for appeals from Local Courts to Magistrates’ Courts. The 1966 Local Courts Act was aimed at integrating the Local Courts into the judiciary to produce one hierarchy of courts instead of two. The introduction of the one-party system did not bring about major changes in the judicial system of Zambia. It did, however, bring about one important change. The Court of Appeal was abolished and in its place, a Supreme Court was established. Very little has changed in the judiciary even after the introduction of the Constitution of 1991. The same is true even after the enactment of the Constitution amendment Act No. 18 of 1996. Before concluding this part, it is important to summarise the judicial system in place today. The Supreme Court of Zambia, established under Article 91 of the Constitution is the highest court in the country. It is a court of unlimited appellate jurisdiction. It consists of the Chief Justice, the Deputy Chief Justice and seven appeal judges or such greater number as may be prescribed in an Act of Parliament. The High Court of Zambia is the second highest court. It is a court of unlimited original and appellate jurisdiction, except for matters specifically reserved for the Industrial and Labour Relations Court and has original jurisdiction over all civil and criminal matters. The High Court consists of the Chief Justice (ex-officio) and such number of puisne judges as may be determined in an Act of Parliament. The High Court also has supervisory powers over all proceedings in all the courts subordinate to it. 48 The Constitutional Amendment Act No. 18 of 1996 has introduced an interesting development in the number of courts for the Republic. The Industrial Relations, which was from its inception a tribunal is now, became part of the Judicature of Zambia. The real benefits of this change are hard to see, but the most immediate problem has been confusion between the powers of the High Court and that of the Industrial Relations. Furthermore, whereas the role of the Industrial Relations Court is to do substantial justice, there is a steady departure from this guiding principle. The Industrial Relations Court has become more and more legalistic in its determination of cases although, as an institution, is it ill-equipped for this role. Cases are determined not on the basis of the facts of the case or in order to do substantial justice, but because there are legal precedents to that effect especially those from the Supreme Court. The other courts down the hierarchy are the subordinate courts. These are provided for under the Subordinate Courts Act. They are presided over by magistrates. Both the courts and the magistrates are divided into classes, and the relationship of the various classes of magistrates to the various classes of subordinate courts is clearly stated by Section 3 of the Act. There shall be and are hereby constituted courts subordinate to the High Court in each district as follows: (i) A Subordinate Court of the first class to be presided over by a Senior Resident magistrate, Resident Magistrate or a magistrate of the first class; (ii) a Subordinate Court of the second class to be presided over by a magistrate of the second class; (iii)a Subordinate Court of the third class to be presided over by a magistrate of the third class. The jurisdiction of each subordinate court is limited both territorially and substantively on a graduating scale depending on the class of the court and the magistrate. Subordinate courts also have appellate jurisdiction to hear appeals from local courts. Finally, at the bottom of the hierarchy of courts are the Local Courts, established under the Local Courts Act 1966. They are presided over by Local Court presidents. Their jurisdiction is limited both territorially and in terms of the substantive law. With regard to the latter, the statute provides that they may only administer African customary law and such other statutory laws as may be explicitly extended to them.

Prom as a Rite of Passage

Cody Guilday English 105 Prof. Wheat 10/22/12 The Senior Prom: A Rite of Passage The United States is known throughout the world to be a place in which there are many cultures and customs mixing and colliding. One thing that each culture has in abundance is rites of passage, whether it is Births, Bat Mitzvahs, Quinces, or graduation. Each right of passage is an event that signifies a transition in a person’s life. Senior Prom is a rite of passage for young men and women that is indicative of their transition from teenagers to young adults.It is meant to be a celebration of the high school experience; the last hurrah. A gathering of friends who have spent four years of their adolescence together, figuring out who they are as persons. The reason Prom has become such a rite of passage as opposed to just another dance, comes from the notion that it is an event that cannot be missed. When referring to the high school experience, prom and graduation are the two events that are most commonly brought up. They are universal to all graduated students, yet unique to each individual.The identity of the individual as being a part of their graduating class is why the prom is so important. Although prom is intended to be an all-inclusive experience, the event has become factionalized due to materialism, social status, and willingness to participate in consumption of alcohol. The fact that prom has become commercialized is causing some to be excluded from certain aspects of the prom and sometimes from the entire prom event. The prom event is supposed to include everyone in the graduating class.But the increased prices and concentration on the material aspect is leaving out those who are unable to afford it. In Ann Anderson’s High School Prom: Marketing, Morals, and the American Teen, she points to prom magazines and other advertisers like Seventeen as the reason for commercialism in proms (119). She also states that the average amount spent for prom per family in America in 2010 was about 1000 dollars (115). According to an article from the Huffington Post, the prom industry is valued at four billion dollars. Additionally, the article claimed that the average amount spent on prom this ear in the northeast region was just shy of two thousand dollars (Krupnick). Prices like these are far out of the reach of many families, which leaves them with only a few options. Some parents decide that the event is so important that they will spend beyond their means for the sake of their children’s prom. Others have to take this price tag into consideration. In this case, the students are often left out of things like limo rides, pictures, and after parties. Although they are still part of the prom itself, they are left out of much of what is important to the â€Å"prom experience†.Being left out of these aspects can have an impairing affect on the individual’s sense of identity. It is not just the fact that they are left out the limo ride or the after party. When asked about the event, or when it is talked about after, they are unable to partake in much of the conversation. This is also true for those who do not partake in the prom at all because of the price. Although this is less common, many consider the price of proms to be too steep. Missing the prom is considered a huge deal socially and could be detrimental to the identity of the individual as the community sees it.Over the years, the focus of prom has shifted from the elegant, romantic event it once was to a concentration on teenage alcohol consumption, drug use, and sex. In Ann Anderson’s book High School Prom: Marketing, Morals, and the American Teen, Ann gives a detailed account of the history of the prom event. She claims that prom was originally created to be â€Å"the democratic debutante ball†, referring to an elegant event, which is accessible to all regardless of economic status (Anderson 7). Although originally this may have been the case, it is clear that it is no longer the case today.For starters, as seen before, prom is no longer accessible to all. Although the event itself is still very elegant, the focus has been shifted. It has become a social competition. Many prom-goers worry more about the after party than the event. They see the prom as a stepping stone to the after party, where they are able to drink, do drugs, and have sex without being seen by the prying eyes of parents. This further divides the senior group. On one hand there are those who want to drink, do drugs, and have sex.On the other hand, there are people who would like to be included in the after party in order to get the entire prom experience, but are excluded because they do not drink. For these people who are excluded, the identity of being part of a larger, inclusive community is often ruined. Additionally, it adds to the individual identity as a â€Å"partier† or â€Å"non-partier† often at the expense of those who choose not to drink or do drugs. According to The National Highway Safety Administration, 53% of students reported to have had more than 4 drinks (â€Å"Prom Night Statistics†).That splits a given senior class almost directly down the middle. But the divide is not just based on alcohol. Because the whole senior class cannot attend the same after party, it becomes a matter of social status. This is perhaps the most divisive aspect of the prom and the most destabilizing to the identity of certain individuals. It boils down to two types of people; those who are invited, and those who are not. The community sees those who are not invited as less important and the individuals see themselves in a similar way because of this.Popularity is a huge part of one’s identity, especially in high school. Being that prom is one of the biggest nights of high school, being invited to pre-pictures or the after party is the ultimate show of popularity. In contrast to this, not being invit ed could seriously affect the identity of an individual in a negative way. Some argue that the prom event itself is still one that is inclusive for all, regardless of social or economical status. Although the event is advertised and intended to be this way, the fact is, societal pressures do not allow it.People may argue that there is a cheap way to go to prom without limos, expensive tuxedos or dresses, and no after party. It is plausible to do this but, because of social perception of prom, many feel that they would be marginalized if they did not have all of these aspects. Movies and television portrays the prom event as one in which it is necessary to be lavish. For people who do not have the means to do this, or do not wish to partake in after parties, the prom event becomes undesirable.The rite of passage of Senior Prom is highly important to all high school students. It is one that is looked forward to long before senior year and it is one that is talked about long after grad uation. Although it is meant to be an event for the entire Senior Class, many are left out of the experience because a lack of social or economic status. Not being a part of this event, or certain aspects of this event, causes to the individual to lose the identity of being a part of something greater.It is not just being a part of a senior class that is important to this rite of passage, but it is being a part of the social and educational community that is unique to their specific senior class. This feeling of being a part of a unique community is built up over the years and culminates at the senior prom. Exclusion from any part of this event causes individual to lose their sense of identity as a part of this community. Works Cited Anderson, Ann. High School Prom: Marketing, Morals, and the American Teen. Jefferson, NC: McFarland &, 2012. Print. Krupnick, Ellie. Prom Dresses, Prom Hairstyles, Prom Makeup: How Much Does Prom 2012 Cost? †Ã‚  The Huffington Post. TheHuffingtonP ost. com, 19 Apr. 2012. Web. 22 Oct. 2012. â€Å"Prom Night Statistics. †Ã‚  Statistic Brain. N. p. , n. d. Web. 22 Oct. 2012. . Works Consulted Best, Amy L. Prom Night: Youth, Schools, and Popular Culture. New York: Routledge, 2000. Print. Fleischer, Myra C. â€Å"Expensive Proms Increase Pressure on Teens to Have Sex. â€Å"Washington Times Communities. The Washington Times, 25 May 2012. Web. 22 Oct. 2012.

Book Report The Pearl

Kink has more fears then he lets on. Kink, being the man of the house, must act strong and hide his fear, while his wife, Juan, expresses her fear in losing her child. The Doctor who â€Å"treated† Coyote also expresses fear in the loss Of his luxury and wealth. The Doctor indulges in his wealth and once Kink and Juan find the pearl, the Doctor heads over to their house to get what wealth he can get his hands on. The main protagonist of the book is Kink, who is the husband of Juan. Kink is shown as being a family man who maintains his life with Juan in the most dutiful and simplistic way.Kink finds â€Å"The Pearl of the World† and has visions of what his life will be like now that he has enough money to support his family. He would like to remarry his wife in a church, baptize his child, educate his child, etc. Kink can only imagine what he would do with all this money. With this, Kink fears the greed that comes with having wealth. Many people who come across this type of wealth forget where they come from. Kink doesn't want to be like that. He wants to spread his wealth with his neighbors and his relatives. He doesn't want to leave anybody behind.The novel states that, â€Å"Every man suddenly became related to Kink's pearl†¦ † (3. 30), which shows that the pearl isn't Kink's, but is the whole neighbor hood's pearl. Kink would share the wealth with his neighbors. Kink didn't want the pearl to change him as a person. As it says in the novel, â€Å"From now on they (neighbors) would watch Kink and Juan very closely to see whether riches turned their heads, as riches turn all people's heads. † (3. 46), which shows that the neighbors are watching whether Kink's greatest fear of greed will come back to haunt him.Kink's ability to maintain his composure through the novel shows that he is able to hide his fear very well. Whenever something evil or good happens, Kink has a theme music that plays in his head. Kink fears the evil music. As readers, we are aware of when the evil theme music is playing. While we know what music is playing Juan is unaware of how Kink is feeling. An example of when the evil music was playing was when they went to the pearl dealers, â€Å"He heard in his ears the evil music. And on the black velvet the great pearl glistened, so that the dealer could not keep his eyes from it. † (4. 42).Kink eared the evil music, but when the dealers rejected the pearl, he left with his head held strong. He showed Juan that they had nothing to fear, but he was really dying on the inside from the evil music. Although Kink had fears which were unknown to Juan, she had fears which she made aware to Kink. Juan repeated told Kink that she was afraid of losing Coyote, their son. Coyote was bitten by a scorpion and needed aid from a doctor. The doctor refused to see Coyote simply because they had no money. Once they found the pearl, the doctor came â€Å"willingly' (for the pearl) to help the boy who n eeded assistance.As we see Coyote health fluctuate from being healthy to being unwell, we see how Juan reacts. Once Coyote was bit, Juan was hysterically crying because she thought her worse fear was going to become a reality. Juan loved her son like any mother would, and the thought of losing him made her feel sick. Once she saw Coyote recover from the bite, she was ecstatic. She shared this excitement with Kink and the neighborhood. The town was talking about how the pearl saved the boy's life. Without the pearl, the doctor wouldn't have come. A minor character in this novel is the Doctor (no real name was given).The actor may be a minor character, but he played a role in the recovery Of Coyote. The only reason why the doctor went to Kink and Sauna's house to treat Coyote was because of the pearl. The pearl was of value and is known to be â€Å"The Pearl of the World†. If the Doctor treated Coyote, he could ask for the pearl as payment. By saying this, we know that the Doct ors biggest fear is the loss in his wealth and luxury. He sits around thinking about places in the world and all the money he has. He cannot live without his wealth. As it says in the novel, men Doctor, back in his house, settled into his chair and looked t his watch.His people (servants) brought him a little supper of chocolate and sweet cakes and fruit, and he stared at the food discontentedly. † (3. 49). The reason why the Doctor stared at the food â€Å"discontentedly' was because he was thinking of the pearl and all the money the pearl would bring him. Money is powerful, but the lack of it causes uncertainty in the future. In conclusion, each character is shown to be emotionally strong. The characters do not like to display their weakness. Fear could be considered a weakness. Kink and the Doctor choose to hide their fears, while Juan infidels her fear in Kink.

The organizational role of the safety professional Article

The organizational role of the safety professional - Article Example For this to be possible, the professional evaluates any existing safety measurers’ failure of which he introduces safety requirements into the organization. The safety professional also has the responsibility of checking out for any situations, which may compromise the safety standards within the organization. This should begin with setting up of a safety plan, which guides the employees on how to work without placing their lives and those of colleagues in danger (Walter, 2011). The safety professional also has the role of advising the management of an organization about the measurements to put in place for employees to have a safe environment for working. This takes aspects like advising the management on the importance of having a safety initiative in the organization. It is through the efforts of the safety professional that safety response plan, safety management plan and a safety protection plan can be designed for the best benefit of employees and the organization (Safety Leadership, 2011). The safety professional is also the one in charge of organizing safety trainings for employees. This is essential because employees are the ones most affected by poor working conditions. On some occasions, employees can never determine whether their actions are safe or not, and guidance helps them in knowing the right path of action (Safety Leadership, 2011). Through safety trainings, the safety professional takes employees through safety processes, which protect them within the organization as they carry out their duties. Still on training of the employees, the safety professional designs a safety curriculum suitable for the company depending on the industry. It also remains under the jurisdiction of the safety professional to review the safety plan for the organization on regular intervals. These can be followed up by conducting review trainings for employees, so they can have adequate skills on how to keep

IMF Essay Example | Topics and Well Written Essays - 2000 words - 1

IMF - Essay Example ) as conditionalities for giving loans and grants to developing countries over the years, especially from the 1980s when many sub-Saharan African countries (and some other developing countries) were facing chronic economic catastrophes and had to sign on to the SAPs in order to access needed loans from the IMF. (Musa, n.d.) The SAPs used as conditionalities by the IMF before granting loans for severely indebted countries have increased the leverage of the IMF in the macroeconomic policy direction of many poor countries and Harvard Development Economist, Jeffery Sachs, has described the IMF’s leverage as a proconsular force. (Sachs, 1999) The use of conditionalities by the IMF for granting loans is however not a novel phenomenon. As far back as the early 1950s, the IMF applied conditionalities to loans it granted to countries. (IMF, n.d.) The use of packaged macroeconomic interventions (i.e. SAP) in economies of heavily indebted countries can be traced to the late 1970s during the global economic turmoil epitomised by the oil crisis, debt crisis, ‘stagflation’, and multiple recessions. (World Bank, n.d.) The implementation of IMF SAPs in different developing countries have a lot of similarities though the actual or specific country implementation are not necessarily the same. (Stein, 1992) Some notable similarities in the IMF SAPs include the following: privatisation of state owned enterprises, abolition of price controls and implementation of price liberalisation, elimination of subsidies maintained by governments on food items and other popular consumables, considerable currency devaluation, reduction in public sector expenditures, and public sector retrenchment of workers. (Naiman and Watkins, 1999; Mosley, and Weeks, 1993) Other common features of IMF SAPs implemented in developing countires include trade liberalisation epitomised by free/open market reforms, introduction of firm controls on credit, introduction of user fees for facilities like health

Inflation and Its Major Causes Assignment Example | Topics and Well Written Essays - 250 words - 1

Inflation and Its Major Causes - Assignment Example This paper illustrates that the effects of inflation are faced by everyone in the economy. The producers of the goods and services increase their productivities to earning the more profits in the situation of higher prices. The situation also creates an inequality in the society, as the poor become poorer and rich become richer.   It not only affects the economy internally but also disturbs the balance of trades and the exchange rates of money. The situation of demand-pull inflation arises in the results of the increase in the aggregate demand, but the supply remains same in the markets. So the prices rise, and the situation of inflation occurs. If the costs of the production rise in the market, then the prices of factors of productions also increase. Increase in costs of productions results in the rise of goods and services prices in the public markets. To solve the issue of inflation, the government has to introduce new strategies of fiscal as well as monetary policies. Through t hese policies, the profits of savings are increased in the banks, and then the people save more for profits. A rate of interests is also fixed at the low ratio, so the investors start new businesses to maintain the level of demand and supply in the market.

Engineering project management Assignment Example | Topics and Well Written Essays - 750 words - 1

Engineering project management - Assignment Example ble (installing a new machine’s base) will not be produced on time and with budget if necessary corrections actions are taken on time (Panneerselvam & Senthilkumar 2009). However, according to company, the project must go on and the base must be completed on time otherwise the organization will suffer dire consequences which may include losing its customers. It is therefore it is suggested that in order that the expanded project is completed on time, adjustments must be made of the project cost. That is, the organization and/or the contractor should employ more man power and equipment to work on the project within remaining period of time. This increase the rate at which the work will be done and increasing chances of completing the project on time. (Word count: 218) Due to safety concerns associated with asbestos, the scope of the project is likely to be changed (removal of the existing duct and its contents). The changing of the scope would mean that other constrains such as time and cost will be adjusted accordingly (Kanda 2011). This means that the project deliverable (installing a new machine’s base) will not be produced on time. The consequence of not completing this project on time is dire to the company since the organization might lose an important order, and due to the cost investment made on the new equipment the organization might be forced to close down. This means that delaying the installation of the base of the new machine is not an option for the organization. Employees are amongst the most important elements for organizations; therefore, there health should be made priority (CCH 2009). In addition, safety of environments in which employees work must conform to occupational safety and health standards (Lingard & Rowlinson 2005). Compromising the health of workers by making them work alongside these asbestos ducts would affect health, and consequently their productivity will also be affected (CCH 2009). The organization may also risk being

Mies van der Rohe and Oscar Niemeyer - Structural Grid Versus White Research Paper

Mies van der Rohe and Oscar Niemeyer - Structural Grid Versus White Architecture Sculptures - Research Paper Example He became a master stonemason at nineteen years. He worked at the art nouveau architect and furniture design that belonged to Bruno Paul. He received the first commission to design a house belonging to a philosopher when he was twenty years. He started working for Peter Behrens in 1908. He studied architecture of Karl Friedrich Schikel and Frank Lloyd Wright. In 1912 Mies opened his own office in Berlin. He studied skyscraper and designed two glass towers made of steel-frames for a competition. This foreshadowed his skyscraper designs of the 1940s and 1950s (Wintle, 2002, p 32). Ludwig van der rohe actively participated in several avant-garde groups like ‘Zehner ring’ and the Novembergruppe that championed modern art and architecture. He contributed to major architectural philosophies of the 1920s when he was the artist director of the Weissenhoff project. This was a model housing colony in Stuttgart where he managed to design a block together with other leading European architects of the time. In 1927, Mies designed the German pavilion in Barcelona which became his most famous buildings. The Barcelona pavilion hall was flat roofed with walls made of marble and glass and could be moved around. This brought the first concept of fluid space. Mies met Philip Johnson, a New York architect who championed him to architectural fame in the United States. Philip included some of Mies projects in the MoMas first architectural exhibition in 1932. He became the director of the Bauhaus School between 1930 and 1933 and then relocated to the States in 1937. He headed the department of architecture at the Armour institute of Technology in Chicago, (now Illinois Institute of technology). He designed a new campus for the school using refined steel and glass style (Thomas, 2010). After becoming an American citizen, Mies designed the Farnsworth house. The house was transparent and supported by eight steel columns. The interior consisted of a single room subdivided by partitions of glass. He developed the convention hall in 1953 and later the twin towers in Chicago. The twin towers skyscrapers were a realization of his dream of building skyscrapers using glass and steel. He built other high-rises in New York Detroit, Toronto and Chicago. However the Seagram building in New York was voted as the work of genius in skyscraper design. He achieved the ‘Order pour le Merite’ from Germany in 1959. He was acknowledged with the â€Å"Presidential Medal of Freedom† by the US government. He was invited to Berlin to design the New National gallery. This building was the culmination of his life-long vision of an exposed structure connecting the interior to the landscape. It was also his last design before his death on the 17th August, 1969. Traditionalism to Modernism Before World War I, Mies was a traditionalist who designed traditional custom homes. However, the traditional styles were already under heavy criticism from the progressive t heorist. According to these opponents traditional architecture was first and foremost non-progressive. The emerging technology of the modern time demanded its presence in the lives and architecture. However, traditional architecture was blamed for hiding the modern construction under the shallow

Summative Written Assignment Example | Topics and Well Written Essays - 1500 words

Summative Written - Assignment Example The paper will explore the legal principles involved in the case with the aim of offering a legal advice to the employee. Facts of the case Mathew, an employee of pharmaceutical company, Medx ltd, was recently involved in an accident. He has worked as a warehouse operative for the pharmaceutical company for over 20 years. The company deals in and store heavy boxes containing its goods. Based on the scope of its operations, the company’s policy is that its employees are supposed to wear protective helmets while on duty. In December 2011, Mathew who was in good health and had never been involved in an accident leading to any injury was involved in an accident while on duty at the pharmaceutical company. A heavy box from an overhead wooden pallet rack fell and hit him to unconsciousness. He sustained several injuries including bruises on his face, a cut on his head, which left a permanent scar, dislocation of his right shoulder, and injuries to his leg. Mathew has been forced out of work for four months and medical report indicates that he may not be able to work for another six months. He also suffers continuous headache. He has a family with a running mortgage to finance. Legal issue Obligations under law of contract One of the essential legal elements in the case is the existence of a legal relationship between Mathew and MedX as defined by his employment contract. His relationship with MedX Ltd falls within the scope of an employment contract. Pozgar and Santucci defines an employment contract as an â€Å"agreement between an employee and an employer† in which special terms such as remuneration, the scope of work and working hours are defined (Pozgar and Santucci, 2009, p. 61). The agreement is therefore regulated by the law of contract under contract of service (Pozgar and Santucci, 2009, p. 61). A contract is an agreement, between parties, that legally enforces their rights and obligations. When parties enter into a contract, they expressly cre ate conditions and warranties that regulate their relationship by laying down responsibilities and obligation of each party. Essential elements of a valid contract as defined through agreement, consideration, and intention to create legal obligations further binds parties to a contract to implied conditions in their trade. Contracts are therefore subject to legislations such as labour law statutes (Goldman and Sigismond, 2010, p. 123). Employee’s safety at workplace Implied conditions in contracts of service impose a responsibility on employers to ensure safety of their employees while at the work place. The occupational safety and health act is an example of such legislations that aims at ensuring welfare of employees. One of the provisions of the act is that an employer has the duty to minimize and possibly mitigate any health hazard within the work place. These threats can either be biological leading to illnesses or physical, leading to injuries. Failure to take necessary measures makes an employer liable to his or her employee for any injury or sickness suffered because of conditions at the work place. The act , with this respect, empowers government agencies to facilitate its implementation as was observed in the case of Donovan v Dewey, 452 U.S 594, 101 s. Cr 2534 (1981) (Ullmann, 2004, p. 339). Further, employers are charged with the responsibility of not only ensuring safety of their

International Environment Assignment Example | Topics and Well Written Essays - 3500 words

International Environment - Assignment Example The achievement of independence in India was followed by the implementation of mixed economic system for growth and development in long run. In this regard, it is worth mentioning that the new mixed economic system was introduced with the aim of developing both private and public sectors. However, in contrast neo-liberal policy focuses on replacing the old mixed economic system with developing private sectors respectively. The neo-liberal policies further facilitates global governing authorities of other nations to bring changes to the neoliberal policies of India respectively (World Bank, 2015). The importance of this study is to understand the concept of neo-liberalism and its differences with the other economic policies as well as its effects on the society. Additionally, the study will outline the effects of neo-liberalism in India and its contribution in growth and development. Furthermore, the paper examines the impact of neo-liberal policy on social, cultural and economic poli cy of India.The concept of ‘Neo-Liberalism’ is associated with approach in economic theories where shift in economic factors can be observed between private sectors as well as public sectors with the aim of enhancing the position of the economy. However, the neo-liberalism policy mainly focuses on the private sector rather than public. The implementation of the new-liberalism policy within the economy enables the government minimise the shortage of monetary resources, amount of loans provided to organisations as subsidies

The Things They Carried Essay Example for Free

The Things They Carried Essay During the Vietnam War Jimmy Cross was tasked as the lieutenant in the Vietnam War in Tim Obrien’s The Things They Carried. He took responsibility full of challenges past warfare. The war was a very psychological war for the positioned soldiers in the army. The strange environment that included shady places, waiting corners, diseases and death other than the problems they carried from home. Every soldier there held on to something that kept them bound to their previous life. Jimmy Cross carried his love for Martha. Jimmy’s love for Martha was in hesitantly controlling over his entire life. Jimmy imagined himself loving her and her loving him the same way back: More than anything, he wanted Martha to love him as he loved her, but the letters were mostly chatty(495), blinded by the truth held in the letters that Martha didnt feel the same way he continued to feel passion. Jimmy Cross feelings for Martha is said to be the cause of Ted lavender death. Surviving the war wasn’t as an accomplishment as everyone thought. Jimmy Cross figured it out the hard way. Norman Bowker was a man who represents the damage that a war leaves in a soldier after the war . Norman Bowker’s sorrow and confusion are so powerful that they prompt him to drive without direction around his hometown in â€Å"Speaking of Courage†.Bowker also wrote a seventeen-page letter to Tim O’Brien explaining how he never felt right after the war in and to hang himself at the end of the chapter. â€Å"War is often†¦ a mass release of accumulated internal rage where the inner fears of mankind of fulfill in mass destruction† was the best summary that was given about war by psychoanalyst Joost Meerloo. War is a mental land mine. The psychological damage of war is so severe that it leaves the threat of hurting someone or yourself. This is known as PTSD (Posttr aumatic Stress Disorder). Soldiers’ re-experience their time at war through nightmares or/and flashbacks. People with PTSD have difficulty sleeping and are hyper vigilance. Every war brings its certain amount deaths and sorrow. Surprisingly most death is caused by the victim themselves. It is said that more American soldier take their own life compared to the soldiers killed in fighting. Suicide rates increase on and off the combat zone. Veterans like Matthis Chiroux regret his choice to go to war. He dedicated to showing young students the side of being a soldier of the army that they don’t talk about. He runs â€Å"We are not your soldiers† lectures which send the message â€Å"Don’t become one of us†. Matthis hopes to stop more people from repeating his mistakes and becoming part of the â€Å"grim statistic†. They say that going to war is scary because of the things you can loose, one limb or maybe two. But second to death, PTSD is the worst scar to bear. To always be haunted of the memories of the thing you had to do or were done in order for you to survive. The horrifying and animalistic behavior you witness. From town massacres to killing innocent children, it will haunt them. Tim O’Brien book â€Å"The Things They Carried† basically explains the horrifying experience he went through and how he found the ability to cope with it and stay sane. But not everyone is that lucky to find a balance in their head to keep them from insanity or suicidal actions. The way I see it Tim O’Brien himself was giving us a lesson.

A Raisin in the Sun Book Review Essay Example for Free

A Raisin in the Sun Book Review Essay A Raisin in the Sun by Lorraine Hansberry is a truly exquisite piece of literature that has influenced readers, young and old, for generations. It gives us a very realistic view of racial tension, as well as the socioeconomic struggles, African Americans faced during the late 1940s-50s. In this play we meet the Youngers, a lower-class, diverse-minded, African American family simply trying to survive in 1950s South Chicago. Together they face economic hardship, racial discrimination, and the constant struggle to keep a fragile family together as each member searches for their version of the â€Å"American Dream†. Hansberry did an excellent job in creating the Younger family to represent lower class African American families in the 1950s. The Youngers live in a rundown, two-bedroom apartment. The family consists of Mama, Walter, Ruth, Travis, and Beneatha. The economic aspect of the play is centered around the insurance check Mama will be getting for her late husband, the author uses this to create a foundation for the Youngers story; the money elicits conflict between the characters as each has their own idea on what to do with money that does not even belong to them. A major motif in this play is racism, the author allows for a bit of foreshadowing in the beginning of the play with the bombing of another African American family in Clybourne Park, a mainly white community and the area where Mama eventually buys the new family house. Hansberry uses Walter to tie these two themes together. After losing all of the money Mama gave him to invest in his business and to save for Beneatha’s college fund, he then goes to get more money by selling back Mama’s new house: he can either overcome the racism and be the man his mother always knew he could be, or he can take the money for another chance to pursue his dreams but at the same time he would essentially be selling his soul to the devil. Walter must choose to either satiate his thirst for wealth or maintain the pride of his race. Finally, Hansberry acknowledges the importance of family unity during  these times. Ruth and Mama are the two main characters attempting to hold everything together. Hansberry made these characters strong and full of hope, despite their situation in life. Created any other way and we would probably see the family fall apart as the story began to unfold. Money and racism are also huge tests on the strength of this family as they struggle through the hardships of poverty and realize the shortcomings of some of the family members. All in all, A Raisin in the Sun is a very well written book. It is written in such a way that really puts you in the cramped, living conditions with the Youngers and helps readers to understand what it meant to be a poor African American family in the 1950s. Hansberry did a great job in creating solid characters which help to develop the story smoothly and realistically. It was a play I thoroughly enjoyed reading and would readily suggest to anyone looking for a good read.

Effects of chinas one child policy on women

Effects of chinas one child policy on women As the most populous country in the world, the Peoples Republic of China has been adopting the One-Child Policy since 1979 in order to improve the problem of overpopulation which is seen as an obstacle of the growth and development of the country. While the Chinese Government emphasizes its achievements of population control in China, the controversial policy has been widely criticized for its negative influences. This paper presents the One-Child Policys effects on the position of women. Womens position in this paper is basically defined by womens rights, freedom, respectability and social status .I will first briefly introduce the policy, then analyze both the positive and negative impacts with relevant data and statistics, and lastly come to a conclusion. The Policy and Population Growth Introduced in 1978 and implemented since 1979, the One-Child Policy is a family planning policy adopted by the Chinese Government in order to improve Chinas over-rapid population as to prevent its unfavourable effects on economic and social development of the country.(Information Office of the State Council Of the Peoples Republic of China 1995) The policy restricts married urban Chinese couples from having more than one child by imposing monetary penalties on families with extra children yet exemptions are allowed for couples who belong to ethnic minorities, live in rural area or do not have any siblings.(BBC News 2000) The One-Child Policy is considered successful in terms of its control on Chinas population growth as the birth rate in the county has been greatly decreasing since the introduction of the policy. (see Figure 1) Compared with 1970, in 1994 the birth rate dropped from 33.43 per thousand to 17.7 per thousand; the natural growth rate, from 25.83 per thousand to 11.21 per thousand; and the total fertility rate of women, from 5.81 to around 2à ¢Ã¢â€š ¬Ã‚ ¦According to statistics supplied by the United Nations, Chinas population growth rate has already been markedly lower than the average level of other developing countries. (Information Office of the State Council Of the Peoples Republic of China 1995) Figure 1. Changes in the total fertility rate in China Source: National Population and Family Planning Commission of China (2006) Violation of Womens Reproductive Rights Despite its success in population control, the One-Child Policy gives rise to criticisms among which one lies in its violation of womens reproductive rights. Reproductive rights are a subset of human rights first recognized at the United Nations International Conference on Human Rights in Teheran on 13th May 1986. According to the 16th article of the Proclamation of Teheran, Parents have a basic human right to determine freely and responsibly the number and the spacing of their children. Dixon-Mueller (1993: 12) suggests that reproductive rights can be defined as three types: 1. the freedom to decide how many children to have and when (or whether) to have them; 2. the right to have the information and means to regulate ones fertility; 3. the right to control ones own body. Reproductive freedom is the core of individual self-determination. The One-Child Policy does not only violate womens rights by limiting the number of their children but also leads to forced abortions in the country. Under the enforced policy, every 2.4 seconds there is a woman undergoing a forced abortion in China and this makes a total of about 35,000 abortions per day. (Phillips 2010: 1) Abortion is legal in China and as reported in China Daily in 2009, 13 millions of abortions are performed in China every year, which largely exceeds those performed in other countries such as the United States and Canada. (see Figure 2). There is a direct relationship between the One-Child Policy and Chines abortion rate. PostenYaukey (1992: 290) point out that the abortion rate in China increased by nearly 50% between 1978 and 1979 when the policy started being implemented. It is widely known that abortions can cause women health problems, not to mention its negative impacts on emotional and mental health. Ms. Reggie Littlejohn, president of Womens Rights Without Frontiers, criticized that The one child policy causes more violence toward women and girls than any other policy on the face of the earth. (Jiang 2009) Figure2. Abortion statistics in China, U.S.A., U.K., Canada and Australia Source: Jiang (2009) Unwanted Daughters and Sex-Selective Abortions A saying among peasants in China goes like this:The birth of a boy is welcomed with shouts of joy and firecrackers, but when a girl is born, the neighbours say nothing(WestleyChoe 2007: 2) In spite of Chinas modernization over the past decades, it is still common for Chinese parents to prefer sons to daughters. (Wang 1999: 197) Such a preference indirectly leads to sex-selective abortions as female fetuses are usually considered less precious than male ones, especially if the couples are allowed to have only one child. With fetal screening technologies such as ultrasound, amniocentesis and chorionic villi sampling, the sex of unborn fetuses can be recognized before their birth. Such technologies and available abortions result in the possibility that couples selectively abort female fetuses in the hope of having a son instead.(WestleyChoe 2007: 3) Beside sex-selective abortions, Chinas infant mortality rate is another thing to look into. Generally the mortality of male infants is expected to be greater than that of female ones as male infants are biologically weaker than female infants.(Li, 2007: 2) This assumption is also proved by the worlds infant mortality rate by sex.(See Table 1) However, as shown in Table 2, China goes in the reverse direction. It is believed that this unusual tendency is caused by female infanticides and daughter abandonments resulting from the son preference. Table 1. Worlds infant mortality rate by sex 1980-2010 Source: United Nations Population Division (2010) Table 2. Chinas infant mortality rate by sex 1980-2010 Source: United Nations Population Division (2010) Gender Imbalance Blessing or Curse? Together with the increasing female infant mortality, there is a rising trend of the sex ratio in China since the implement of the One-Child Policy.(See Figure 3) It is estimated by the State Population and Family Planning Commission that there will be 30 million more Chinese man than Chinese women in 2020. (BBC News 2007) Because of the supply-and-demand law that supply decreases t and demand remains unchanged then the value of supply increase, some people assume that if there are less women in China their values and social status should naturally rise. However, this law would make sense only if the demand of women was high. Poon(2008) points out that when women become the minority in a male-preponderant society like China, China may face a period of unprecedented male aggression, which would likely render women as victims and womens status even more precarious and vulnerable to subjugation. Figure 3. Rising sex ratio and excess female infant mortality in China Source: Sun (2005) Womens Empowerment The Mistaken Focus It is always emphasized by the Chinese Government that the One-Child Policy helps promoting womens empowerment and improving womens position as they are freed from heavy burdens brought about by having many children(National Population and Family Planning Commission of China 2006). This claim contains two causal relations: 1) Because of the One-Child Policy women have fewer children. 2) Women have fewer children so they can spend more time on their career. Both of them make sense in a large extent, but is the One-Child Policy a must to control the number of womens children? Probably no. Despite that Hong Kong is a special administrative region of the PRC, the One-Child Policy is never implemented in the city, where the social position of women is relatively high. As shown in Figure 4, the fertility rate of Hong Kong kept dropping even and was even lower than that of China. Of course one can argue that there are various factors contributing to Hong Kongs low fertility rate, yet one can also question whether the One-Child Policy is the only factor causing the decline in fertility rate and the rise of womens position. Figure 4. Fertility rates from 1960-2005 in China, Hong Kong, Japan, Korea, Singapore, Taiwan and East Asia Pacific Source: The United Families International (2010) The Single Child Generation The One-Child Policy does not only aim to decrease the birthrate but also to improve the quality of the new generation, the future pillars of China. It is commonly believed that having single daughters will raise the position of women as their parents provide them with better and more concentrated resources such as education and materials. It may be true in some ways, but Greenhalgh(2007.) points out that the One-Child Policy has produced the most materially and educationally privileged generation of young people in Chinese history who are spoiled and egocentric. Having been the focus of attention from the family throughout their growing-up years, these children are more dependent on others and easily hurt psychologically.(China Daily 2005) The new single-child generation in China has already concerning Chinese from the older generation. Do better resources necessarily create a better generation? If it does not, how can we expect a decline in qualities of children (both male and fema le) will result in better positions of women? Conclusion The One-Child Policy was claimed to be a short-term measure when it was first introduced in China.(Hesketh, Li Zhu 2005) Now that the policy has already been implemented for three decades, its negative consequences eventually appear and have aroused worries from the society. The policy negatively affects womens position as it violate womens rights and enhances the existing favoritism towards male children and it is not coming to an end yet. According to Zhao Baige, deputy director of the National Population and Family Planning Commission of China, although it is said that the policy has been slowly being relaxed ,Chinas family-planning policy will remain unchanged until at least 2015. (Kumar 2010) (1631 words)

Michael Moores Roger & Me Essay -- Documentary Films General Motors E

Michael Moore's Roger & Me Roger & Me is a documentary film chronicling the workings of one of the world’s largest corporations, General Motors, as it nearly turns its hometown of Flint, Michigan, into a ghost town. In his quest to discover why GM's management and board of directors would do such a thing, filmmaker Michael Moore, a Flint native, attempts to meet the chairman, Roger Smith, and invite him out for a few beers up in Flint to "talk things over." Moore is the son of a Flint autoworker and a whole family of autoworkers. Roger & Me examines how Moore's hometown of Flint is affected when General Motors closes down a series of factories in order to set up production in Mexico. The town is devastated, economically and spiritually, because GM was practically the only game in town - the city was built around GM. Since 1983, car sales had steadily risen and GM has posted record profits of nearly $19 billion. So why lay off all of these people? Moore points out that he and his friends were raised on the American Dream which promised that if you worked hard and the company you worked for prospered, you would prosper, too. Now, it seems GM's board of directors has changed the rules: you work hard, the company prospers- and you lose your job. Roger & Me shows that capitalism is not always consistent with this American Dream. Roger & Me shows that GM's board of directors used company profits not to create new jobs, but to buy already existing assets, such as data processing companies (EDS) and weapons manufacturers (Hughes Aircraft) at inflated prices, and to automate their current assembly lines, and build new plants in Mexico and in Asia -- destroying jobs in the United States in the process. In Mexico, GM pays the worker... ...t be done in work. This man is also upset because the point of unions is to increase the workers strength in bargaining with employers. The union clearly did not help in the case of the GM workers in Flint. Roger & Me is a great documentary film. It captures a lot about our form of capitalism. Moore shows the problems that large capitalist companies make, in a way that appeals to a broad audience. Since it is a real story, it is not telling some story of how things could be or would be, but how things really are. Fred Ross must evict numerous people out of their homes daily so that he has a roof over his head and food for himself. While one half of Flint is receiving some kind of Government Welfare for being unemployed, Roger Smith is giving himself a $2 million raise. In a better world profit maximization would not be the goal of an economic system or a society.

Why I Want To Attend College :: College Admission Essay

My purpose and goals in attending college is to make something of my life. Noone want's to be a nobody. But sometimes it takes time in order for one to realize this.   Ã‚  Ã‚  Ã‚  Ã‚  Upon graduation from highschool, I, like the majority of other highschool graduates, had no clue what direction my life was heading or even what I wanted to become. So after graduation I decided to explore my options at the University of Pittsburgh. Wow, was this a mistake. Not only was the college to big for my own well being, but the big University provided too many distractions. This is why I feel I have finally taken the right and first step in securing my future.   Ã‚  Ã‚  Ã‚  Ã‚  Currently, I am attending Waynesburg college in Waynesburg, Pennsylvania, majoring in computer science and minoring in business. I have always had a fascination when it comes to computers and I think that this is a very good

Essay --

Not one single theory or school of thought embraces every view of human crisis or all the models or systems of crisis intervention (Janosik, 1984). An interview, directed by the student, provides a short-term overview of the interviewee’s viewpoints relevant to crisis planning and intervention. As an counseling in preparation I decided to interview Mrs. Tosha Wearing. She is a guidance counselor at Green Sea Head Start School in Green Sea, South Carolina. She administers the Green Sea School Counseling Program, which is designed to be comprehensive and developmental, with an emphasis on prevention. This includes large group guidance, small group and individual counseling, and consultation with staff, parents and community. Mrs. Wearing is a trained professional with a Masters' in Guidance and Counseling. She provides activities to enhance students' academic progress by addressing issues such as conflict resolution, interpersonal relationships, study skills, and self-esteem. Sh e also teaches the skills needed for coping in our fast-paced and ever-changing world. As the interview was being conducted, the school’s crisis manual was on hand and occasionally referred to once needed. Green Sea Head Start crisis team involves of several knowledgeable staff members and teachers. Precisely, the team is represented by administrators (head and assistant), the school guidance counselor, school psychologist and social worker, and every age level team leader. Mrs. Wearing clearly explained that the team works collected as a consistent unit to join and be a direct link out to the rest of the school. She also defined the crisis team as a problem-solving entity among the school. Consequently, there were no different symptoms that each member has a... ... safety and security measures being taken. A systematic procedure for dealing with a crisis, of any magnitude, should be established and should ensure all personnel have a clear understanding about every detail; including the who, the what, the when, and follow-up actions. The interview the learner conducted with the Counslor of Green Sea Head Start School served as an opportunity to discuss specific aspects of the school crisis plan. Furthermore, the learner gained information about the crisis team and the strengths and weaknesses of the current crisis plan. Overall, although no one crisis plan will guarantee that tragedies won’t take place, but a developed approach holds promise that the situation will be handled in the most cooperative way imagined. No school should be without a crisis plan and a well-trained crisis response team (James, 2013).

Stefan’s Diaries: Bloodlust Chapter 32-33

Chapter 32 Stefan,† a disembodied voice whispered. I was in the labyrinth back at Veritas, the lush green hedges rising higher than my head, the sun beating down upon my shoulders. My collar was itchy and constrictive–for some reason I was in my Sunday best. From around the bend Damon approached, his blue eyes wide and innocent. â€Å"Want to race, brother?† he challenged. Of course I accepted. Suddenly, we were sitting on the porch swing, with Katherine wedged between us, mischief in her dark eyes, as she plucked petals from a daisy. Her leg was so close I felt it grazing mine. As her gaze shifted back and forth, I realized the game she was playing: The flower would determine which one of us she would choose. When she reached the final petal, her eyes locked onto mine, and I knew that I was the victor. She leaned in to kiss me, and I closed my eyes, anticipating the soft touch of her lips. But instead I felt a stake plunge into my heart. My eyes fluttered open, and there stood my brother, laughing as he dug the wood yet deeper into me, the flower petals crushed beneath my prone form. My head lolled to the side, and my eyes snagged on the girl who was bleeding to death next to me on the grass. Her hair was fire-red, and her skin was moon-pale beneath her freckles. Callie!I tried to shout. But Damon snatched up my words in his fist before sinking a knife over and over into Callies back. â€Å"Stefan!† a voice called again, louder this time. I recognized the lilting alto.Lexi. â€Å"Nooo † I moaned. I couldnt allow Damon to kill her, too. â€Å"Go away!† â€Å"Stefan .† She came closer still, kneeling down beside me, holding a goblet to my lips. â€Å"No,† I said again. She shook my shoulders violently. My eyes popped open. The walls around me were painted with cracked red paint, and I saw a gilt-edged portrait on the opposite wall. I sat up, touching my face with my hands, then glancing down. I was still wearing my ring. I touched the stone. It felt very real. â€Å"Lexi?† I asked thickly. â€Å"Yes!† She smiled, clearly relieved. â€Å"Youre awake.† I glanced down at my body. My arm still throbbed, and there was dried blood underneath my fingernails. â€Å"Am I alive?† She nodded. â€Å"Just barely.† â€Å"Damon?† â€Å"We didnt get him,† Lexi said darkly. â€Å"He ran off.† â€Å"Callie?† I asked. I didnt want to hear, but I needed to know. Lexi looked down at her fingernails for a long moment, then lifted her amber eyes to mine. â€Å"Im sorry, Stefan. We tried Even Buxton tried to save her â€Å" â€Å"But she was too far gone,† I finished for her. My head throbbed. â€Å"Where is she now?† Lexi pushed my matted hair off my temple. Her fingers were cool against my burning skin. â€Å"In the river. The whole citys looking for her † Lexis voice trailed off, but I understood everything that she wasnt saying. â€Å"Before you rest, you need to drink,† Lexi murmured, helping me sit up again. â€Å"Its your favorite, goats blood,† she said with a sad smile. I put my lips to the goblet. The brackish liquid tasted nothing like sweet, full-bodied human blood, but it was warm. And it contained something human blood never would: a dull spark of redemption. The more of this I drank, the less human blood would run through me. I wasnt naï ¿ ½ve, though. Guilt would always flow through my veins. Id killed too many in my short time as a vampire, destroyed too many lives. Whether or not I drank from her, Callies death was on my hands as well. I should have turned my back on her, told her I never wanted to see her. But Id been weak. â€Å"Good boy,† Lexi murmured as I finished drinking from the cup. I didnt feel good. I felt sick and scared and unsure of what to do. Damon was still out in the world, somewhere, and Callies blood was running through his veins. My stomach tightened. â€Å"I dont know what to do,† I admitted, searching Lexis eyes for answers. But Lexi was silent. â€Å"I dont know what to tell you,† she said finally. â€Å"But I do know youre a good man.† I sighed, ready to point out that I wasnt a man at all, I was a monster. But Lexi stood up and gathered the mugs from the night table. Chapter 33 When I woke up, I could tell from the light streaming through the crack in the curtains that it was daylight. I swung my feet onto the hardwood floor and grabbed the neat pile of clothes from the shopping trip with Lexi. It seemed like a lifetime ago. I put on a new shirt, slicked my hair back, and put the rest of the clothes in a makeshift carrying case formed from my tattered shirt from Mystic Falls–the only item I still had from my old life. I glanced around the room, my eyes taking in the familiar layers of dust in the corners. I wondered how many vampires had passed through this house and whether Lexi would find another young vampire to take under her wing. I hoped, for his sake as well as hers, that hed have a better time in this city of sin than I had had. Lexi was sitting in the living room. In her hands was the portrait of her brother. As soon as I stepped in, she glanced up. â€Å"Stefan,† she said. â€Å"Im sorry,† I cut in. And I was, for all of it. For coming to New Orleans. For disrupting her life. For bringing danger to the tiny spot of security the vampires had managed to carve out. â€Å"Im not. It was a privilege to have you.† Her gaze turned serious. â€Å"Im sorry about Callie–and about your brother.† â€Å"Hes not my brother anymore,† I said quickly. Lexi set down the portrait on the coffee table. â€Å"Perhaps not anymore. But as you said yourself, he was for your whole human life. Can you remember that and forget the rest?† I shrugged. I didnt want to remember Damon. Not now, not ever. Lexi crossed the room and put her hand on my arm. â€Å"Stefan, missing humans and your human life hurts. But it does get easier.† â€Å"When?† I asked, my voice cracking slightly. She glanced back at the portrait on the table. â€Å"Im not sure. It happens gradually.† She paused, then laughed, the sound so innocent and lighthearted that I wanted to sit down and stay at the house forever. â€Å"Let me guess. You want it to happen now.† I smiled. â€Å"You know me well.† Lexi frowned. â€Å"You need to learn to slow down, Stefan. You have an eternity ahead of you.† A silence fell between us, the wordeternityclanging in my ears. With a jerk, I pulled Lexi into a hug, inhaled the comforting aroma of our friendship, then sped out of the house without a glance back. Once outside, I chastised myself for my sentimentality. I had much to atone for, and feeling sorry for myself was self-indulgent. I paused at the spot on the street where Callie had died. There was no bloodstain, nothing to mark the fact that shed even existed. I knelt down, glancing over my shoulder before I kissed the pavement. Then I stood up and began to run, faster and faster. It was dawn, and the city was just waking up. Messenger boys zipped by on delivery bikes, and Union soldiers marched through the streets, their rifles nestled in their arms like infants. Vendors were already setting up on the sidewalk, and the air smelled like sugar and smoke. And, of course, like the tangy scent of blood and iron. I quickly reached the train station, where the platform was already bustling. Men in morning coats sat on worn wooden benches in the waiting area, reading newspapers, while women nervously clutched their purses. The entire station had an air of festive transience. It was the perfect hunting ground. And before I could help it, my fangs protruded from my gums. Bowing my face into my hands, I counted to ten, fighting the hunger that raced through me and waiting for my teeth to click back into their human form. The whistle blew, and the train roared into the station, kicking up a cloud of dust and breaking me out of my reverie. I followed the soldier on board, wondering if he and his lover would experience a happy ending. I took solace in knowing, at least, that should they not, it would not be because of me. I entered the coach compartment. â€Å"Ticket, sir?† a conductor asked, holding out his hand. I locked eyes with him, my stomach turning with disgust at having to rely on my Power. Let me pass.†I showed it to you,† I said aloud. â€Å"You must have forgotten.†

Change Management and Communication Plan Essay

Identify the current formal and informal power structures in the organization. How might the power and political structure of the organization affect employee behavior? The organization structure of Riordan Manufacturing consists of the executive which are the President, and the Executive Assistant, Senior Vice President of Research and Development and the Chief Operating Officer. The Senior Vice President of Research and Development oversees the Manager of Product Development and Manager of Research which manager the research and development department. The Vice President of Sales and Marketing oversees the Directors of Sales for custom plastics, plastic beverage containers, fans, international and the Marketing Manager. Vice President of Product Support supervises the Customer Service Representatives and the Warranty service Technician. The Chief Operating Officer supervises the all the department Vice Presidents. In the hierarchy of power in this organization, there are many level s. The political and power structure may affect employee behavior. Four different locations can cause large differences in how a particular location is run. One of the locations is in China. Communication between the locations can cause frustration. Many levels of management can cause information to employees to become distorted. One area may need more attention than others and cause employees to feel neglected or ignored by organization. Destructive behavior from employees may result. Identify the most appropriate and effective organizational structures for Riordan Manufacturing that will help them accomplish their planned changes. The proposed changes are to establish a relocation of the plant in Hangzhou to Shanghai. This type of relocation will need to involve numerous departments and resources. The first stage would be exploring the costs and resources available. Financial department would need to contrast the costs of current expensed as opposed to the cost and profitability of the new location. This  would involve the cooperation of the Director of Accounting and Finance/ Controller, Financial Planning Manager, Director of Sales International, and all other managers or directors involved with the international plant. Human resources will handle employees concerns and also relocations and any new hiring. What are the potential effects of this selected structure on employee behavior? Factors that influence the ways employees respond to their customers, leadership and work is also called organizational behavior. Identifying the internal and external factors that affect their behaviors can help the company understand why employees are committed and motivated. Internal factors can be leadership, organizational structure and the corporate culture. External factors include family life and other business relationships. Because of the proposal, employees’ behavior may be affected. Time and resources will be utilized for the change and other employee’s may feel ignore d. Employees having feelings of not being paid a completive wage may feel betrayed. Growth of the company may give positive results such as a pride for a successful addition to the company. In order to ensure positive change for the organization, managers should highlight positive outcomes to employees. Riordan Manufacturing must make sure all duties of the organization should be shared in the absence of employees working on the change. Identify characteristics of the company’s culture. What are the potential influences of the corporate culture on employee behavior? A culture is the values and practices shared by the members of the group. Company Culture, therefore, is the shared values and practices of the company’s employees. Company culture is important because it can make or break your company. Companies with an adaptive culture that is aligned to their business goals routinely outperform their competitors. Some studies report the difference at 200% or more. To achieve results like this for your organization, you have to figure out what your culture is, decide what it should be, and move everyone toward the desired culture. Company cultures evolve and they change over time. As employee leave the company and replacements are hired the company culture will change. If it is a strong culture, it may not change much. However, since each new employee brings their own values and practices to the group the culture will change, at least a little. Riordan Manufacturing incorporates the primary characteristics of an organizational culture. Riordan Manufacturing began  business in 1992. It has grown into a three location organization. Reviewing financial reports for the last three years, it is both financial efficient and allocates funds to research and development, which aids in keeping a competitive edge. This evidence of stability is also supported by the benefits is offers to employees. Some to the benefits available to employees include 401(k) Saving Plan, Educational Financial Assistance and Flexible Spending Accounts. Offering competitive wages along with these benefits promotes stability in the organization. Riordan Manufacturing encourages innovation by offering employee suggestion program and use an HRIS system to monitor employees’ information. The process of inventory and production are good examples of the organization of paying attention to details. People orientation and team orientation are introduced through new employee orientation and continuing training. Employees are cross-trained and work together in teams to achieve goals. Riordan Manufacturing aggressiveness is mild. The everyday operations are formal, but are open to new ideas and different ways to gain competitive edge. The corporate culture of the organization affects the behavior of employees. Positive culture that provides structure, professionalism, encourages employees and provides a sense of belonging will encourage employees to be productive and loyal. A disorganized or incompetent culture can lead to destructive behaviors. Destructive behaviors such as dishonesty and stretching can cause work projects to suffer and cost an organization large amounts of funds and resources. Identify the potential sources of resistance to change and develop strategies to manage resistance to change. The potential of resistance can benefit by opening a debate and discussion therefor having employee engaged to the process. Having employees engaged and giving their opinions can help evaluate their where they stand and giving the management an opportunity to explain the changes. Good strategies for management are to be papered by having answers for every question that maybe possibility to be asked by the employee. Recommend a strategy to implement the changes over the next 12 months. A strategy that can be implemented can be a learning organization. A learning organization can help developed the continuous capacity to change. Manager need to establish a strategy, also redesign the organization structure, and reshape  the organization culture. Describe how you will evaluate the success or failure of the planned change. One suggestion that we like to imamate is evaluating by giving employee a voice and allowing them to give some input. When employees give in their input they feel ap preciated and tented to improve. So we just don’t get better performances we also get to see a different stand point that will allow viewing things from the employee’s point of view. Section II: Communication Plan Select the most appropriate channels to communicate the change to the employees, and explain why you selected these channels. Identify the potential barriers to effective communication and strategies for overcoming the barriers. The communication method that it is used in the company is outdated and non-effective, the company communicates through a memorandum system that is limited in the amount of characters and it is also limited in the information that it can be attached and displayed on them. Although the memorandums deliver the message and information intended to, they are limited in the communication that can be shared. There are many methods of communications that would be useful for the company’s intra communication network, but the ideal method would be to develop an electronic mailing network that would allow the company to send and receive electronic mails with the option choosing the person or persons that the message would be delivered to, and also the electronic email network would allow the sender to attach information such as documents and images. The integration of an electronic mail network would also make communication within the employees simpler and more efficient, with this type of network employees would be a click away from communicating with anyone in the company. Another method of communication that would allow employees to communicate would be to develop a blogging network in which the employees under the monitoring of the human resources department would be able blog about their concerns, questions, announcements, and ideas that would allow the company to be in complete communication. Without a proper communication method, employees see communication within the company as a barrier that make completing projects difficult and a form of an issue that creates confusion and stress within the company. Developing a new communication plan would allow employees to communicate with all the associates from the company including management  position. With the new communication plan an open door policy is created in which em ployees have the right and are encouraged to ask and discuss any issue, idea, or concern they might have making the associate feel appreciated and content, increasing productivity, loyalty, and engagement towards the company.